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HomeMy WebLinkAboutCC 2001-05-24 Minutesw� CITY OF M Wulf 9nAi[fi CITY C Q M M ISS ION MEETING MINUTES OF MEETING HELD ON MAY 24, 2001 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY BALL Priscilla A. Thomp-ware/ Clry Clerk MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 24`" day of May, 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 9:38 a.m. by Presiding Officer/Commissioner Wifredo Gort (hereinafter referred to as Vice Chairman Gort), with the following members of the Commission found to be present: 1 0 5/24/01 0 1. PRESENTATIONS AND PROCLAMATIONS: (A) COMMENDATIONS TO THE FOLLOWING POLICE OFFICERS FOR THEIR WORK ! IN FIGHTING CRIME, DRUGS, THEFT IN THE CORAL WAY CORRIDOR: LT, HECTOR MIRABLE, SGT. RAUL HERBELLO, OFCS. R. MARTINEZ, C. ALVAREZ VEGA, F. SANCHEZ, M. ROJAS; J. RODRIGUEZ, F. CRUZ, III. (B) PROCLAIM MAY 20-26,2001 AS "EMERGENCY MEDICAL SERVICES WEEK" IN RECOGNITION OF FIRE -RESCUE WORKERS' DEDICATION AND EXCELLENCE. (C) FIRE CHIEF W. BRYSON RECOGNIZED OF ALS PEER RECOGNITION AWARD WINNERS FOR 2001 FOR THEIR DEDICATION AND KNOWLEDGE OF MEDICAL PROCEDURES: LT. R. HERNANDEZ, LT. R. WDYWERLY, LT. M. PATTERSON, SUSAN BARRANTES, JOSE FUENTES, RICHARD CUEVAS, DENA BURTON, -ROY MARTINEZ AND ALAN DOZIER. (D) PROCLAMATION: "HECTOR CATA ALVAREZ DAY," TO RECOGNIZE DISTINGUISHED CUBAN BORN ARTIST KNOWN FOR MURALS AN'D OIL PAINTINGS. Note for the Record: Commissioner 'fecie entered die Commission chamber at 9:57 a.m. 5/24/01 211TO[231116 • 2. y (A) CONSENT AGENDA (B) BRIEF COMMENTS REGARDING MODIFIED CONSENT AGENDA ITEMS: DELETE "DISPOSING DEBRIS" I'OR ITEMS CA -17 AND CA -18; MODIFY "WHEREAS", CLAUSES FOR ITEMS CA -21 AND CA -22. J Vice Chairman Gort: OK. We're now at 10 o'clock. We'll get to our regular meeting, First announcement, we don't have any vetoed legislation fio►n the Mayor's office'.' Walter Foeman (City Clerk): There is no vetoed legislation. Vice Chairman Gory: Thank you, sir. `1y understanding is some amendments, modifications to CA Items 2 i aid 22, CA -17 and 1 S. Lori I3illberry (Director, Asset Management): Lori Billbeny, Director of Asset Management. With respect to CA -17 and IS. the resos, both of them have been amended to delete the words in the resolution, "disposing of debris." We just didn't want it to be confuse -- we wanted to clarity the issue. They are storing equipment and materials while they are disposing of that equipment to off silc premises. Additionally, on CA -17, as of May I", the area was increased by approximately 6100 square feet, and they will be paying an additional seventy -three -thirty-six a month, commencing May I". Vice C'hantinan Gort: OK. llow about Item 21 and -- CA -21 and CA -22, you're snaking some modifications? Alejandro Vilarello (City Attorney): Yes. Simply a change in the "whereas" provision, which describes the facts surrounding it. If you recall, this was an approval that you did in January. You asked for my review ofwhat would be reasonable attorney's fees, and we made that review, and the resolution contains that amount. Bill it would be a substitute. resolution as to the facts surrounding that incident. Vice Chainnan Dort: OK. Is there anyone who would like to remove any of the items in tine consent agenda'? Any other Commissioner would like to remove any of the items in the consent agenda? Commissioner Sanchez: So move, Mr. Chairman. Commissioner Winton: Second, and 1 have one question. Vice Chairn an Gort: Question. Commissioner Winton: CA -15. I'll] just curious as to why part of what we're doing with these kids is taking them out of the City of Miami to Boomers. Where's -- Boomers is in-- is in -- Albert Ruder (Director, Parks and Recreation): Boomers, I think, is in Hollywood or Dania. Commissioner Winton: Right. Mr. Ruder: These aren't (lie only field trips we're doing. And we do a survey, and we ask the kids what they want to do. Many of these kids are poor kids, who otherwise would not go somewhere else. And 5/24/01 there aren't that many attractions, unfortunately, in the City of Miami. We've done Parrot Jungle, which is not in the City now. In the past -- I think Seaquarium we're doing this year. And there's just not that many in the City right now. So these aren't the only ones. These are the ones that are more than 4500. 'Therefore, we have to bring them to the Commission fb- approval. Coin inissioner Winton: Well, it seems to nme that in the future, maybe there's a way we could get Gene Tinney to set up a program out on Virginia Key, where we get them into some nature trails and, you know. thinking out what the environment's all about around that I'm sure they haven't had an opportunity to experience all those kinds of things, too. 1 just -- I'm not overly thrilled by -- Mr. Ruder: Well, we could probably do that, anyway. You know, Gene has done some good history tours, and we could probably arrange that as part of -- for all the kids. Contnmissioner Winton: Welcome, Gene. Vice Chairman Gott: 1 think there's nothing like walking in at the right time. Gene Tinney: Right. Commissioner Winton: Right. Vice Chairman Gorl: I think that'd he very important, also. Thank you. Let me ask you a question. And something came up. I think N a should also have, somehow, since we have these kids and these are the people we have to work with, maybe have tours of our different neighborhoods, so they get a chance also to see other neighborhoods, if it can be arranged. I mean, just food for thought. Mr. Ruder: OK. I nmean, you know, the schedule is more or less done, but if we could fit it in . If not, we'll try to do it as soon as we can. Vice Chairman Gort: Well, not for this year, for next ,year. Mr. Ruder: OK. Vice Chainman Gort: But I think it's important. Thank you. Is there anyone in the public who would like to address any of the items in CA, in the consent agenda? Being none, all in -- Commnmissioner Teele: Mr. Chairman. Vice Chairman Gort: Yes, sir. Conmmissioner Teele: Regarding CA -- S, is it? No. CA -- no. That's Item Number S. Hold up. Regarding CA -G. Vice Chairman Gort: Yes, sir. iZIZiIII . . 4 5/24/01 • • Commissioner Toele: Does this -- I don't have a problem with it. I just would like to get a little clarity on the record. Docs this item relate to sidewalks, or is it strictly stonn water and roads? John Jackson (Director, Public Works): Commissioner, John Jackson, Director of Public Works. It relates to ail of that, and it is a complete rebuild of the cross-section of the roadway, putting in storm drains, curb and gutter, pavement, any grass and sod oil the medians. It's a complete rebuild of the cross- section, yes. Commissioner Tcele: All right. So it is a complete rebuild. Mr. Jackson: Yes, sir. Commissioner Teele: It's not just limited to the roads and the storn sewer. It includes the swale and the sidewalk area. Mr. Jackson: Yes, sir, it includes all of that. Commissioner Teele: And the other question is on CA -l8. Is that you, too'? Mr. Jackson: No, sir. Vice Chairman Gort: Commissioner Teele, would you yield for a minute? Commissioner Teele: Yes. sir. Vice Chairman Gort: Question, Mr. Jackson. Mr. Jackson: Yes, sir. Vice Chairman Gort: 'There's one point, too. Do we have specific areas where this work is going to be done? Mr. Jackson: Yes, Commissioner. This is -- Vice Chairman Gort: Could we -- later on, can you send each Commissioner a copy of the areas where work is going to be performed, so we'd he aware of it'? Mr. Jackson: Yes, sir. It should be in your package. But -- Vice Chairman Gort: I don't -- Mr. Jackson: It's Southwest 3'd -- 1'11 just give it to you. Southwest 3`d Ave. to 5`s Avenue, from Southwest 15`x' Road to 23`d Road, in the Roads area. Vice Chairman Gort: So all of this will be done in the Roads arca. 5 5/24/tl l • Mr. Jackson: Yes, sir. Vice C'hairntan Gort: OK. Thank you. 18. Commissioner Teele- Thank you. Good morning. Ms. Billberry: Good ntoming. Commissioner Tcele: Your name for the record, please? Ms. Billberry: Lori Billberry. Commissioner Teele: Ms. Billberry, when was this agreement actually negotiated? Vls. Billberry: Originally, Lanzo Construction came to us in late December, and we started negotiation of this agreement. It was previously approved by the City Commission a couple months ago, however, subsequent to that, Lanzo advised us that they had previously sold some of the equipment to United Contractors, which is why it's now been divided into two separate revocable licenses. Commissioner Teele: Have you all determined whether or not this cost is reimbursed by Dade County'! Ms. Billberry: This is outside the work that the Water and Sewer Department did. This -- Commissioner Teele: That's not my question. Do you lmow for a fact that this equipment is not tier the County Water and Sewer Department? Ms, Billberry: The Laino Construction has ended their contract with Water and Sewer Department. This Is -- Commissioner Teele: As long as there is a sun that rises in the cast and sets in the west, Lanzo will be doing work with Dade County Water and Sewer. So I've been around long enough to know how that works. They clearly -- and they are the best firm in the nation for what they do. That's the first that got about a Iwo million dollar (S2.000,000) bonus by finishing a job a year and a hall'ahead of time with the Corps of Engineers and the EPA (Environmental Protection Agency) all there supervising the job. The Cross Bay -- 1 mean, Lanzo is the creme de ]a creme. I mean they're -- i don't want to pick on Lanzo, but what 1 don't want is for the County to use Lanzo as a front for them to store equipment that is for the County. And I don't know. That's why I'm asking the question. And all I'm asking is, is any of this equipment stand-by equipment? Because I.amxo has a stand-by contract, as well. Any time there is a burst, 1 guarantee you, Lanzo is going to beat the lire truck there. Ms. Billberry: If i may, at this point -- Lanzo originally had the 3.74 acres, and they had advised the Comrnissiou they were going to vacate the site within a fcw months. They are down to 5,000 square fleet at this point. They are living up to that, and have removed all the equipment. There is some debris still left, and they are going to be -- 6 5/24%01 iZiIiIIII:I: • Commissioner Teele: I mean, I just want -- that's - I don't -- You know, Lanvo's business is Lann)'S business, and I don't want to -- Ms. Billberry: This will not be ongoing. Commissioncr Tecle: Other than to say that 1 saw about 20 companies operating in the County when 1 was there, and L.anzo was far and above superior to everything that I saw in what they do. My issue is jast one narrow issue. Is there any chance that this is stand-by equipment being used ibr the County? And if you're saying that it's not -- Ms. Billbetry: It's not equipment there at this point. 'There is sonic left over debris that they arc removing. Commissioner Teele: OK. 1 mean, because if it's a pass-through, I take a different look tit it. But if it's -- What it is, is what it is. And thank you very much. Ms. Billberry: You're welcome. Vice Chairman Gort: OK. Is there anyone else? Any other discussion? Being none, all in favor, state n by saying "aye." The Conunission (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 SIIALI. AUTOMATICALLY BE SCHEDULED AS A REGULAR AGFNDA ITEM AT THE NEXT' REGULARLY OI- TI -ll: CITY COMMISSION. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER SANCHI'% AND SECONDED lil' COMMISSIONER WINTON, THE CONSENT AGENDA ITEMS WERE PASSEL) BY THE FOLLOWING VOTE:: AYES Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Tcele, Jr. Commissioner Johnny L. Winton Vice Chair-cnan Wifredo Gort NAYS: None ABSENT: None 7 IDIOM S/24/01 • 2J.. ,ACCEPT BID OF DOMORE FOR PROCUREMENT OF 24-HOUR INTENSIVE -USE CHAIRS FOR DEPARTMENT OF POLICE, $21,763.14; ALIOCATE'FUNDS FROM E-911 OPERATING AL'DGET. RESOLUTION NO. 01-472 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RID OF DOA'ORI: FOR TILE PROCUREMENT OF 24-11OUR INTENSIVE. USE CHAIRS FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED S21,763.14; ALLOCATING FUNDS hROM THE E-911 OPERATING BUDGFT, ACCOUNT CODE NO. 196002.290461.6.850. 2.2. ACCEPT BID OF FOCUS CAMERA, INC. FOR PROCUREMENT OF DIGITAL CAMERAS PHOTO SYSTEM FOR DEPARTMENT OF POLICE, $70,868; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. RESOLUTION NO. 01-473 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RID OF FOCUS INC FOR THE PROCUREMENT OF DIGITAL. CAMERAS PHOTO SYSTEM FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCFF.D $70,868; ALI.00ATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, SI;CII EXPENDI'l URE HAVING BEEN APPROVED BY THE CIIIF.F OF POLICE AS COMPLYING; WITH THE U.S. DEPART'MEN'T OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." 8 5/24/01 2.3. ACCEPT BID Or SECURE DATA STORAGE, INC. FOR ACQUISITION OF COMMERCIAL RECORDS MANAGEMENT SERVICES, FOR OFFICE OF CITY CLERK, TO BE USED BY VARIOUS CITY DEPARTMENTS UPON APPROVAL OF CITY CLERK; ALLOCATE FUNDS FROM OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS. RESOLUTION NO.01-474 A RFSOLUTION Ol: THE CITY OF MIAMI COMMISSION ACCEPTING TI IF BID OF SE(TIRF. DA T.4 STORAGE, IN('. FOR TFIF ACQU'ISIT'ION OF COMMERCIAL RECORDS MANAGEMENT SERVICES FOR THE OFFICE OF THE CITY CLERK, TO BE USED BY VARIOUS CITY DEPARTMENTS, UPON APPROVAL OF THE CITY CLERK, ON AN AS -NEEDED CONTRACT BASIS, FOR A PERIOD OF TWO YEARS, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE. -YEAR PERIODS, ALLOCATING FUNDS FROM EACH OF THE OPERA'flNG BUDGETS OF VARIOUS USER DEPARTMENTS, StIBJECT TO 13l1DGETARY APPROVAL. 2.4. AUTHORIZE EXPENDITURE TO IRON MOUNTAIN RECORDS MANAGEMENT, INC FOR DE -ACCESSIONING FEES RELATING TO EXPIRATION OF BID NO. 96-97-092 FOR COMMERCIAL. RECORDS STORAGE SERVICES, $9,000, FOR OFFICE OF CITY CLERK, TO BE UTILIZED CITYWIDE. j R FSO I A TION NO. 01-475 A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING PERMANENT REMOVAL_ SERVICES 0I7 RECORDS FOR TRANSPORTTO A NEW STORAGE VE\DOR FOR THE OFFICE. OF THE CITY CLERK FROM IRON MOUNTAIN RF.C(MDS MANAGfsA•tlWT INC'.. IN AN AMOUNT NOT TO EXCEED $9,000; ALLOCATING MINDS FROM ACCOUNT CODE NO. 01000.921002.6.340. 9 5124/)1 oximin 2.Sv ,A,f, 131D 4F 110�0$1'4 D N� CRETE , 8c , DR�11NA, `TIC IYfR R gyp;">RIG'CI#�LVBNL3L� �BAiJ'iIGTIQ�+j.1'RO)CT $�1,''.2Ir.9�, RESOLUTION NO. 01-476 A RESOLUTION OF THE MIAMI CI'T'Y COMMISSION ACCEP'T'ING THE BID OF HOAIEST EAD CONCRETE & DRAINAGE, INC. FOR THE PROJECT ENTITLED " 13RICKELL AVENUE BEAUTIFICATION PROJECT', B-3274," IN THE AMOUNT OF $291,713.90; ALLOCATING FUNDS FROM PROJECT NO. 341135, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, 1N THE AMOUNT OF $291,713.90 FOR THE CONTRACT COSTS, AND $67,475.75 FOR EXPENSES, FOR A TOTAL ESTIMATED COST OF $359,189.65; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY A"T"TORNEY, FOR SAID PURPOSE. M � i 0 • U':. ACCEPT' -DW OF MORLIC ENaMI1�tI QR,P. FOR PROJECT RN L,-I3>� AA'`TREE'T15�''QtM-SEWBR''Il'R t VEMI3NT Pib GT B SGOT i j�.', RESOLUTION NO. 01-477 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF MORI,IC ENGINF.RINC CORP. FOR THE PROJECT F+NTITLED "ROADS AREA STRFFT/STORM SEWER IMPROVEMENT PROJECT, B-5605," IN THE AMOUNT OF $1,233,564.05; ALLOCATING FINDS FROM PROJECT NO. 352279 AS APPROPRIATED BY THE ANNUAL APPROPRIA'T'IONS ANC CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDI3T), IN THE AMOUNT OF $1,233,564.05 FOR TIIE AC CONTRT COSTS, AND $216,400 FOR EXPENSES, FOR A TOTAL ESTIMATED COST OF 51,449,964.05; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. PlF7 4�+ 4 Af p• .SN -'x !y'3 °�!�''' . _ k ,.y. 4e,. .ki ¢ Xw'fa= .j4 2s t}' , 4,- � 5., Y ✓" ,r r`e 'i 5`7' e r t ' S ¢ t $ 3 `+,� �,, �1 r r �fj f k r s !jc "'�, { 7 4 f' �k f y�"• i -'i- \+ k,s Vi.µ •� a4i,•Y „fix x �w +�' 4 F � '' yY,*`ss '32s y �' '�p , rrM .v Ka "ri' t '�i• r +"'� -,7`s` >� k'i e '� « i� 4 ..��'`L54 � �. � � 3 � �+ � r`' e ��k 1`xi"t, p��' s r k�� r i 3�rp. J y:r .n r r $ 2,.� r � � .� %? a *-,4 s'fr, ` i• d '� , ,t�' 1 � a {, � 7""� �.�,' E x � s - 2.7. ACCEPT BIDS, OF NORTRAX EQUIPMENT COMPANY FOR PROCUREMENT OF ONE JOIN DEERE SKID STEER LOADER AND ONE BELSHE TRAILER, $31,524, AND KILPATRICK TURF FOR ONE VICON SPREADER, ONE FIRST PRODUCT AERA-VATOR, AND ONE RYON SOb CUTTER, $15,324, FOR DEPARTMENTS OF PARKS AND RECREATION AND GENERAL SERVICES ADMINISTRATION, $46,853; ALLOCATE FUNDS FROM DEPARTMENT OF PARKS AND RECREATION, PARKS VEHICLE ACQUISITION. RESOLUTION NO. 01-478 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THIS BIDS Ol" NORTRAX EQUIPMENT COMPANY FOR THE PROCUREMENT OF ONE JOHN DEERE SKID STEER LOADER AND ONE BELSHE TRAILER, IN THE AMOUNT OF $31,529 AND KILPATRIC'K TURF FOR ONE VICON SPREADER, ONE FIRST PRODUCT AERA-VATOR, AND ONE RYAN SOD CUTTER, IN THE AMOUNT OF 515,324, 170R THE DEPARTMENTS OF PARKS AND RECREATION AND GENERAL, SERVICES ADMINISTI ATION, IN A TOTAL AMOUNT NOT TO EXCEED $46,853; ALLOCATING FUNIS I'ROM THE DEPARTMENT OF PARKS AND RECREATION, PARKS VEHICLE ACQUISITION, ACCOUNT CODE NO. 331368.589301.6.840. 12 5/24/01 • 2.8.' AVtHORIZE FUNDING OF POLICE EXPLORERS PROGRAM, $160J31.31; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. RESOLUTION NO. 01-479 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF THF. POLICE EXPLORERS PROGRAM, N AN AMOUNT NOT TO I-XCEE13 $100,131.31; ALLOCATING TUNIS FROM THE LAW ENFORCEMFI\TT TRUST FUND, PROJECT NO. 690001, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CIIIEF OF POLICE AS COMPLYING; WITH SECTION 932.7055, FLORIDA STATUTF,S (2000). 2.9. AUTHORIZE FUNDING OF DRUG ABUSE: RESISTANCE EDUCATION (D.A.R.E.) PROGRAM, $48,000; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. RESOLUTION NO. 01-480 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF THE DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) PROGRAM, IN AN AMOUNT NOT "1'0 EXCEED $48,000; 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 "TREASURY'S "GUIDE TO EQUITABLE SHARING." 13 5/24/01 • 2.10. APPROVE ACQUISITION OF INSPECTION AN CERTIFICATION SERVICES OR AERIAL DEVICES AND GROUND LADDERS FROM UNDERWRITERS LABORATORIES, INC. FOR DEPARTMENT OF FIRE -RESCUE, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT, ENO. I135439-3, $9,000. RESOLUTION NO. 01-481 A RESOLUTION OF THE MIAMI CI'T'Y COMMISSION APPROVING THE ACQUISITION OF INSPE=CTION AND CERTIFICATION SERVICES FOR AERIAL DEVICES AND GROUND LADDERS FROM UNDER; RIT/sRS LABORATORIES, INC. FOR 'rIIF. DEPARTMENT OF FIRE -RESCUE, UNDER EXISTING MIAMI- DADE COUNTY CONTRACT NO. I135439-3, EFFEC'T'IVE THROUGH MAY 30, 2001, AND SUBJECT TO ANY EXTENSIONS, IN AN AMOUNT NOT '10 EXCEED 59,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001100.280701.6,670. 2.11. APPROVE PROCUREMENTOF TWO COMPLETE AERIAL BUCKET TRUCKS, WITH 38- 42 -FOOT BOOM, MODEL L42A, FROM ALTEC INDUSTRIES, INC. FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, UNDER EXISTING CITY OF KEY WEST, FLORIDA CES BID NO. 08-00, $193.254. ` RESOLUTION NO. 01-482 A RESOLUTION OF THF MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF TWO COMPLETE AERIAL. BUCKFT TRUCKS, WITH A 38 -42 -FOOT BOOM, MODEL L42A, FROM ALTECINDUSTRIES, INC. FOIL 111E DEPAR'1 HENT OF GENERAL SERVICFS ADMINISTRATION, UNDER EXISTING CITY OF KEY WEST, FLORIDA, CES BID NO. 08-00, IN AN AMOUNT NOT 1'0 EXCEED $193,254; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO, 311702.429401.6.840. 14 affmWer. 5/24/01 0 • 2.12. AUTHORIZE AMIwNDMNT TO PROFP.StONAG SERVICES Af3RIEIvt<fiNT WITI<i ISR `SHELDON ZEDECK `FO1t PROVISION, OF T$§T .pEVEL0PMENT AIv1 CONSULTING SL'R.`V10ES F0 PER101' OF TWOS .''EARS FaR `DEPAL'TNT OR )•IiIMAN R$SOLRCES, $50,40; ALLOCATE FUNDS FROM HUMAN OSOURCES ACCOtNI T. RESOLUTION NO. 01-483 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITII DR. SHELDON T.F.DFC'K FOR THE PROVISION OF TEST DEVELOPMENT AND CONSULTING SERVICES FOR A PERIOD OF TWO YEARS FOR TI -IE DEPARTMENT OF HUMAN RESOURCES, IN AN A'N'NUAL AMOUNT NOT TO EXCEED $80,000; ALLOCATING FUNDS FROM HUMAN RESOURCES ACCOUNT CODE NO. 001000.270101.6.270. is 5/24/01 0 i 2.13, _AUTHORIZE MANAGERJO TO" EXECUTE MEMORANDUM OF AGREEMENTS WITH PARTICIPATING AGENCIES, SETTNVO FORTH AGENCIES' RESPONSIBILITIES IN' CONNECTION WITH DEVELOPMENT AND SUPPORT OF LOCAL URBAN SEARCH AND RESCUE TASK .FORCE AND' COORDINATED BY CITY'S DEPARTMENT OF FIRE -RESCUE, WITH ALL COSTS TO BE REIMBURSED BY STATE AND FEDERAL FUNDING SOURCES. RESOLUTION NO. 01-484 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S). AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH EACH OF THE PARTICIPATING AGENCIES LISTRD IN "EXI ITRIT A," ATTACHED AND INCORPORATED, SETTING, FORTH THE AGENCIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF A I.00AL URBAN SEARCH AND RESCUE TASK FORCE AND COORDINATED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, WITH ALL COS'T'S TO BE REIMBURSED BY STA'L'E AND FEDERAL FUNDING SOURCES. IG 5/24/01 2.14. AUT,I,iORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH E ANGELA RODRIGUEZ FOR EVALUATING PSYCHOLOGICAL STATUS OF PERSONNEL, ADMINISTER THERAPY, AND. WORK WITH. INSURANCE CARRIERS, HOSPITALS AND OTHER PROVIDERS TO PROVIDE CRISIS AND IN-PATIENT TREATMENT FOR DEPARTMENT OF FIRE -RESCUE FOR PERIOD OF ONE YEAR, $4,500, i RESOLUTION NO. 01-485 A RESOLUTION OF THF. MIAMI CITY COMMISSION, WITII ATTACHMENTS, AUTHORIZING THE' CITY MANAGER TO EXECUTE A PROFESSIONAL. SERVICES AGREEMENT, IN SUBSTANTIALLY T'HF. A'l"I'ACHF.D FORM, WITH ANGELA RODRIGIIL , FOR EVALUATING THE PSYCHOLOGICAL. STATUS OF PERSONNEL, ADMINISTER THERAPY, AND WORK WITH INSURANCE CARRIERS, HOSPITALS AND OTHER PROVIDERS TO PROVIDE CRISIS AND IN-PATIFNT TREATMF,NT FOR THE DEPARTMENT OF FIRE -RESCUE FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR ONE.. ADDITIONAL. ONE- YEAR PERIOD, AT THE RATE OF $100 PER HOUR, FOR A TOTAL ANNUAL AMOUNT NOT TO EXCEED $4,500; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.280401.6.260. 17 5/24/01 i mulLe s 2.15: 'AU1'EATCONHOR12E EXF! N1�ITI.IRE OF 3JND5;�'OIt' CITY'S' DI PARTI914T OF ` A AND! $u SUMER PROGRAKTIRLD; TRIPS TO BOOMERS WAT R `RAPIDS; -TOEME j PARK;AND`W-AMI SEAQUARIUM, 923.000;ALLOCATE-,FUND� FR�7M FY;oo0 01 "'PAW�' AND j RECRPATTION OPERATINQ BURET. j RESOLUTION NO. 01-486 1s 5/24/01 • • 2.16, AUTHORIZE MANAGER TO EXECUTE AMENDMENT TO AGREEMENT WITH COUNCIL .OF'GARDEN CLUB PRESIDENTS OF DADE COUNTY, FLORIDA, INC., , CURRENT ASSIGNfiB, TO -AMEND AGREEMENT BETWEEN CHARLES TORRY SIMPSON MEMORIAL ASSOCIATION FOR USE OF CITY -OWNED PROPERTY LOCATED AT SIMPSON PARK, 55 S.W. 07 ROAD. RBSOLUT ION NO. 01-487 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING '['HE CITY MANAGER 1-0 EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED DORM, WITH THE COUNCIL OF GARDEN CLUB PRESIDF.N7S OF DADE COUNTY, FLORIDA, INC., A NON-PROFIT CORPORATION (THE "COUNCIL"), CURRENTASSIGNEE, TO MODIFY THE AGRF.FMF.NT BETWEEN THE CITY AND CHARLES TORRY SIMPSON MEMORIAL ASSOCIATION (THE "ASSOCIATION") FOR THE USE OF CITY - OWNED PROPERTY AT SIMPSON PARK. LOCATED AT 55 SOUTHWEST 1; ' ROAD, MIAMI, FLORIDA, '10 PROVIDE FOR THE: (1) CITY'S ASSUMPTION OF ELECTRICAL COSTS; (2) ESTABLISHMENT OF LIMITATIONS ON RENTALS BY THF. COUNCIL; (3) ESTABLISHMENT OF ABILITY FOR TI IF' CITY TO RENTTHE BUILDING, (4) PROVISION OF INSURANCE BY THE COUNCIL; AND (5) CANCELLATION OF THE AGREEMENT BY EITHER PARTY BY PROVIDING NOT LESS THAN NINETY DAYS NOTICE, AND AT ALLTERMS ANT) CONDITIONS AS SET FORTH IN SAID AGRHI:MENT, AS AMHNDFD. 19 5/24/01 20 5/24101 -AUTHORIZE MANAGER. TO EXECUTB;;REVOCABLE LICENSE AGREEMENT' UNITED , , CONTRACTORS & ENGINEERS CORPORATION, FOR USE: OF 11.04ACRES k1F OROPER'i'Y LOCATED AT VIRGINIA KEY FOR PIJitP03E OF STORAGE AND DISPOSAY.`'F, n CONSTRUCTION DEBRIS WITH MONTHLY FEE OF $563.06. RESOLUTION NO, 01-488 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO hXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT "'), IN SUBSTANTIALLY TILE ATTACHED FORM, WITH UNITED CONTRACTORS & ENGINEERS CORPORATION ("LICENSEE") FOR THE USE OF APPROXIMATELY 1.08 ACRES a, OF VACANT LAND LOCATED AT VIRGINIA KEY, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR S'T'ORAGE OF NON-IIAZARDOUS CONSTRUCTION MATERIAL ON A MONTH—TO-:MONTH BASIS, rs ATA MONTHLY FEE OF 5563.06 PLUS FLORIDA SALES TAX FOR THE PERIOD OF SEPTEMBER 1, 2000 THROUGH APRIL 30, 2001, AND FOR TIIF. USE OF 1.22 ACRP.S AT A MONTIILY FEE OF $636.42 PLUS FLORIDA SALES TAX COMMENCING AS OF MAY I, 2001, AND AT ALL TERMS AND CONDITIONS AS SET FORTH IN SAID AGREEMENT. 20 5/24101 i • ZA U . k 110P.' RFS i 7 i'.1ON, Noi (F F1ti pBR�'�t. LOCATED- ATV p,; KEY, FOR 'A MSE' OF . STOJ OF DEBRIS AND EOUIPMENT WITH MONTHLY FEEOF $1,93%32; r x av � I I I I •' ��s c" r a x k r -r sa e g 1 �s^ t ria $a} �. a;%• ��� w¢ �'' �A. +y q .t" �iS'� r iw''�"�a�t#iy''���n �.-. a�4 rt e�� k�d �r�rrt�kaiRic +i"� �. �,�`" �, ?d'�ti ? 'r� � L � '�'° �` 1°7 :✓ .i tr .. s �'�Rsr r i � 7C'"" i 5 a b a L t i�" 'Y j4v x,I,V hj ai ±h. crS 4 v* T,4k`Rrtfa' Mli "R4,j "S�"r+—'-� #e .:� T a� k .a ."# �i.;. - S� ?�z,�`�-c $ .t i t`"F• } Ii ^"^`k' �. c+ r � `�` i' in ;, S ' . � z i a I 0 2.19. AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH RETIRED JUDGE EDWARD H. SWANKO' TO SERVE AS HEARING OFFICER TO PRESIDE OVER SANITATION CODE ENFORCEMENT HEARING'S AND 'PROCEEDINGS AND 'RENDER WRITTEN FINDINGS AND RULINGS FOR DEPAJtTMEN'T OF SOLID WASTE, $ 10,000; RESOLUTION NO. 01.490 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO CXEcI "fE A PROFESSIONAL SERVICES AGRFEMENl', IN A FORM ACCEPTABLE '10 Tim, CITN, ATTORNEY, WITH RETIRED JUDGE EDWARD IL SWANKO TO SERVE AS A HEARING OFFICER TO PRESIDE OVER SANITATION CODE ENFORCEMENT HEARINGS AND PROCEEDINGS AND RENDER WRITTEN FINDINGS AND RULINGS FOR TI -11? DEPARTMENT OF SOLA) WASTE, ON AN AS - NEEDED CONTRACT BASIS, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONF-YEAR PERIODS, AT THE RATE OF $250 PER DAY, FOR A TOTAL ANNUAL AMOUNT NOT TO EMCEED $10,000, ALLOCATING FUNDS FROM PROFESSIONAL SERVICES ACCOL,NT CODE NO, 001000.320101.6.2 70. 22 5/2401 2,2Q AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH RB D JUDGE MARSHALL H. ADFR TO SERE AS HEARING OFFICER TO PRESIDE OVER SANITATION CODE ENFORCEMENT :HEARINGS AND 'PROCBEAINGS -AND RENDa I VRITTEN„I;INDL-4GS'AND RULINGS FOR THE DEPARTMEI NT'OF SOLID WASTE, $10,000. I RhSOLUCION NO. 01-491 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTF. A PROFESSIONAL: SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY A11*ORNEY, WITII RETIRED JUDGE MARSHALL H. ADER TO SERVE AS A BEARING OFFICER TO PRESIDE OVER SANITATION CODE ENFORCEMENT HEARINGS AND PROCEEDINGS AND RENDER WRITTEN FINDINGS AND RULINGS FOR 'I'llE DEPARTMENT OF SOLID WASTE, ON AN AS - NEEDED CONTRACT BASIS, FOR A PERIOD OF ONE YEAR, WITII THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT TIIF. RATE OF $250 PER DAY, FOR A TOTAL ANNUAL AMOUNT NOT TO EXCEED $10,0)0, ALLOCATING FUNDS FROM PROFESSIONAL SERVICE ACCOUNT CODE NO. 23 5/24/01 • 2.21. AUTHORIZE DIRECTOR OF FINANCE TO PAY TRUST'AtCOUNT. OF RONALD J. COHEN. P.A., ON BEHALF OF F.O.P. (FRATERNAL, :ORDER OF : POLICE) LODGE 20, ATTORNEY'S ' FEES AND COSTS, '$100,000, FOR' FEES AND COSTS RELATED TO PROPOSED MEMORANDL3.4 OF UNDERSTANDING , BETWEEN CITY AND FORMER POLICE OFFICER FRANK TAYLOR; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 01-492 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY WE TRUST ACCOUNT OF RONALD J. COHEN, P.A., ON BEHALF OF THE F.O.P., LODGE 20 (FRATERNAL ORDER OF POLICE), ATTORNEY'S FEES AND COSTS, 1N AN AMOUNT NOT TO EXCEED 5100,000, FOR THOSE FEES AND COST'S RELAT'E'D TO A PROPOSED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI AND FORMER POLICE OFFICER FRANK TAYLOR; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.661. 24 5/24/01 i • L)M# i'UK Ux FINi NQU _ TQ PAY T'R4PST ANT UOF DONALD:: J. BEHALF O , F.O.P. tAT RNAL PROM ,.QF!';"POLIC�i;' �-Q�i ��► �_ e1 tin nhA' tint! � ?�tn��' tt�bua . s �tr� nrie+rc� ~�sor .w.n en MORANDUM OF UNDERSTANDING BETWEEN, CITY AND FORMEit:. POLIO Y Lt ORELLA;"ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANC RESOLUTION NO. 01-493 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TNF. TRUST '.. ` 'ACCOUNT OF RONALD J. COVEN, P.A., ON BEHALF OF THE F.O.P., LODGF. 20 (FRATERNAL ORDER OF POLICE'), ATTORNEY'S FEES AND COSTS, IN AN AMOUNT NOT TO EXCEED $160,000, FOR THOSE FEES AND COSTS RELATIsD TO A PROPOSED MEMORANDUM OF UNDERSTANDING BETWFF.N THC CITY OF MIAMI AND POLICE OFFICER HENRY LLORELLA; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.661. A IJ A`N,.1 A 3 3. COMMENTS BY COMMISSIONER .IOE SANCHEZ REGARDING ALLEGATIONS OF HIM TAKING KICKBACKS; PREPARED TO FACE STATE ATTORNEY WITH ACCUSATIONS; WELCOMES INVESTIGATIONS (See 05). � Vice Chairman Gori: Commissioners' items. Commissioner Winton. I'll lake mine last. Commissioner Sancher. Commissioner Sanchez: Thank you, Mr. Chairman. I have three items. But betore I go into lily items, Mr. Chairman, 1 think that it's always nice to nil) things in the burl INIV of deal. When something's -- I guess when we're illi here and we take stands oil certain issues, I think that in many cases, I have not been in the -- 1 would say, popular vo(e. And one of those issues was Bayfront Park, when we came in and we had to make cerlaul Changes that were necessary for Hayfronl Park. And. oteourse. during those changes, in lite process, YOU tent) to make so-called enemies in the process. Well, I think I've touched on an issue that has been my pet peeve since clay one, when I got here to this Commission, and that's the workmen's comp. issue. I have telt very strongly shout the workmen's comp.. bccausc if1 have a responsibility here, as well as my colleagues, it's to protect the public's assets and the taxpayers' money. And I have brought that workmen's comp. issue ort on IlnmerouS occasions. And I have -- I think that I have taken it strong stand, where at one point. I said that il' I was not condbi-table with the reductions of Ills open claims that. you know, l would entertain the idea of privatization oI thal departlllUll. Well, let the tell you something. Apparently, sonic people took 11 to all of tense. And I have been in some way Personally attacked, and want to nip it in the bud ridll here, heCallSC lhcre's been sonic rumors. And I'll tell you exactly what happened, because everything's been on the record. I have -- a reporter called my office inquiring, about an allegation, which has basically no merit to, and false allegations. This rumor llas Ito illerit, whatsue%er. But I have been accused through the company that I am employed of taking kickbacks from at company. Now, when you have certain individuals doing that, 1 take it to an offense when you start calling my employer, and you start calling reporters. And whoever wants to accuse this Commissioner of any wrongdoing, well, I suggest you call the State :attorney's Office. OK? And I wanted to basically say that on the record. I have both companies that were named in (his allegation, these lalse rumors that arc willing to write an affidavit and turn it into the State Attorney's Office. I am prepared to ask for an investigation, because you know what:' 'Today, it's me. ToiliOli-Ow, it'll he any onC uf)'ou Who decides to take an issue and have people not agree with that issue. Every decision I make up here as a C'unlill issioner, it's based on my conscience, and \ihat I helieve to he right. .and I will not accept anybody making threats or intimidations. That is beyond rile. But what I tic) ask is that when situations like this come out, you need to address them and address them quick. So those rumors are false. I would welcome an investigation. If they want to contact the State Attorney's Office, I would he more than glad to sit down with the State Attorney's Office. 131.11, 1 guarantee you this much. The two companies involved and myself will take legal actions for those individuals that are making those allegations. And 1 want to put that on the record, bccausc I will not put up with that trash. OIC:' 1 strongly believe that anybody who accuses someone, falsely accuses -- There isn't anything in the world worse than accusing; someone of something that isn't true. Su, you know, I krlokN I've ruffled some feathers. As long as I'm a Commissioner here, I'm going to continue to raffle some feathers. And I'd take those individuals on any day of the week, and twice on Sunday. Bill I will continue. I'm not naming any names, hecause they have not given their narks. But you knout what? 'They've called reporters. Reporters have called tile. At least these reporters have good journalism ethics. And they said, you kilo\\ what? Tho person calling is not giving their name. I'he person calling just gives inRrrmation. But I told them, Ilslen, I'm willing to sit down with you. And I've contacted the two companies, and both companies have put their moues on the record. One is Kroll 26 5; 24.01 �I1Pjf[II: and Associates, and the other one is Lewis B. Freeman and Partners, which are right now very upset of those allegations. These are respectable companies in this community, and they are prepared to have a written affidavit, sit down with the State Attorney's Office and go after that individual making those false allegations for defamation of character. So 1 want to put that on the record, because I'm not going to put up with thut donkey dust. So I'll go into my items, but that's something that I wanted to bring up, Mr. Chainman. Now I'll continue with illy items. Vice Chairman Gorr: You have all the right to do so. And let tile tell you, a lot of times, you have people coming to you with allegations. When they come to me, I pick the phone up and I say, let me make a phone call. Who are you calling'? I'm calling the State Attorney's Office. This is the person you've bot to talk to, not to us. anti 1 support you in your statement. Commissioner Winton: Mr. Chairman. Vice Chairman Gort: Yes, sir. Commissioner Winton: I want to echo a level of support. 1 think that the work that Commissioner Sanchez has done on this workers' compensation issue is absolutely commendable, and I ant proud to be a pail of what you've been doing there. So maybe whoever that is needs to -- needs to come peek at mc. But I have a question also, and that is du you -- It sounds to tile like you think that whoever this is may be a City employee? Or arc you saying that you just don't know who it is at all? Commissioner Sanchez: .tohnnv, I don't know exactly who it is, but the phone calls are coming through. I'm not accusing anybody. I'm not doing what they're doing, following rumors and making allegations. But, you know, it's very -- it's of great concern where they start notifying your employer, who appaiently -- that's where 1 make my living, and that's how I feed my family, because you know I don't make too much money in this Commission. Commissioner Winton: You mean you can't feed your family on this five thousand dollar ($5,000) a year salary'? Geez. Commissioner Sanchez: Of course not. But, you know, those are things that I consider unprofessional. Vice Chairman Gort: And let me tell you. that family is going to continue, that family is going to continue to brow, so. Commissioner Sanchez: Well, I just wanted to state that, because I firmly believe that these are situations that as quick as you nip them, and you address them, and you get them over with, the better off you are. So I'll go on to my agenda. 27 5124/01 4. TABLED: ROMULO DURNAS OF FEDERATION OF PRIVATE iNSTOUTIONS FOR ATTENTION, -OF CHILDREN, YOUTH AND FAMILY (FIPAN), NON-PROFIT ORGANIZATION FROM' CARACAS, VENEZUELA TO ADDRESS COMMISSION CONCERNIING DONATION OF SURPLUS VEHICLES FOR VENEZUELAN BASED ORGANIZATION (See 016). Commissioner Sanchez: Item A, I will ask to table. This is an organization that came tome. I am not too much in support, and 1 will state my opinion why. But as a Commissioner, anybody who wants to have a personal appearance in front of this Commission, I grant them that. 1 think that they're entitled, whether I agree with them or not. to be in front of this Commission and be heard on their position. So I have asked this gentleman -- he contacted our office. I met with him, and he inquired about being in front of this Commission. So I would ask that it be tabled for now. They're flying in from Venezuela, and when they get here, we'll address the issue. We'll move on to "B," which I will ask that the item be deferred. Note for the Record: At this point, Agenda Item D -3-A was tabled. 28 5/24/01 t 28 5/24/01 S. MANAGER TU STUDY AND RECO VIMEND PILOT PIAN WHICH WILL PROPOSE. ENGAGING PRIVATE COMPANY TO PROCESS HALF OF WORKERS' COMPENSATION CLAIMS OF CITY IN ORDER TO COMPARF. SAID CLAIMS TO OTHER HALF TO BE' PROCESSED iNTERNALLN' ICY DEPARTMENT OF RISK MANAGEMENT (See 0). l Commissioner 'I cele: Commissioner Sanchez, C'o11111nisslone] Sanchez.: Yes, sir. Commissioner "I cele: You know, I thing: what you're touched upon, you've done it the right way. And think, you know, main, we don't always -- Nvc, as a Commission don't always agree, nor should we. But I think there's one or two things that we've all said consistently, that one of the liniiiarions of a Commission that only has live people is you dull'[ really have committees. Normally, in legislative bodies of 13 people. 15, 120, like the house, things are dome in committees, and it's a lot more effective. In this body, with five people, we all have to be literally committees of one on different areas, and we always work to defer to each other. i don't think there is any question that in the arca of solid waste, in rationalizing the solid waste issues as vuu've delle since "ou've been here -- 1 understand noN that Commissioner Gort is getting ready to immerse himself in that issue which is -- (INAUDIBLE COMMENT) Commissioner'[ cele: You weren't here, probably, when it caste up. But, yuu know. I think, you know, whip the I ariagellent and what the cmillovees, as well as the public need to understand, that our coming here to Commission sleeting is probably about live percent or three percent of what we do. The real work is done in meetings with staff and nleetines with constituents, et cetera. There is nu question that what you've done in the area of'solid waste and what you've done in the arca of risk management. even more so, \101.1 VC saved the citizens of this community, yuu'vc saved tale �:Iovcrnment literally lens of thousands of dollars. Bill more titndamentidly, you've addressed tI1C gllelti011 OI C111601C)'. We started nut with u long, Ieanling curve. 1 can remember you making the statement when you first started that Solid Waste was the biggest abuser. Well, we found out, as it result of your work that Solid Waste is not the biggest participant in the wurkers' comp. It's, in fact, the uniformed work force, the Police and Fire. Solid Waste is less than -- what? -- 12, 15 percent. But qct .old still, every person that is Linder the workers' coup. process for the first time in this City is now being, reviewed, and every clainn. And we've begun to close claims, thanks to you. I just think that it's regreltahlc if-- and obviously, it's true, herausc you're saying it. I think it's regrettable if some misguided employee, or some misguided spouse 01' an employee or friend of an employee who -- is responding in such a way. But it's their right under aur 1ian1C of government to go to the press, to go to the model. And I really think what this means to me is you're on to something. And if everybody is atraid, with all Lille respect, Charlie, of allowing some of this work to lie done by outside people, I think. Mr. Manager, speaking for myself. that really, somebody is protesting too much. And I think we need to look at a plan on how we can allow slime of this work to he done, and maybe even have it -- what everybody is calling,, fur in government now are challenges where we lake half of the workers' comp. files and send them out, and half of them, we keep and let's set up it competition, if somehody's so concerned about their job, and somebody's so concerned about protecting:. But 1 don't think we should ai all he cow -lowed or bullied to look the other way. And I think Commission Sanchez it, 100 percent right, sir, and i respect you, and 1 support what you're saying here. But 1 want to go a step flurther for myself. And so Mr. Manager, as it part of the budget process fur September, 1'111 going to be T1) 5/24/0 1 asking that you consider a competition. That is, we take half the tiles, the open files and send them out, and half we keep here, and let's evaluate this over a 24 -month period, because obviously, when you step on somebody's toes and they go to this, there's something there. And that's just my way of looking at it. And we can decide on that during the budget process. But t specifically will be looking for a pilot program. T would hope that we'll work with Mr. Cox to ensure that there is no disruption of the -- our labor union agreements. But t think within some range of flexibility, we ought to be able to do that. So thank you, Mr. Chairman, and thank you, Commissioner Sanchez, for making your point clear. Vice Chairman Gort: Thank you, sir. 30 5/24/01 F661(A) DEFER CONSIDERATION OF PRESENTATION AND SHORT VIDEO ! OCL LMEVTING ORANGE BOWL TES7'IVAI.'IO JUNE 14,2(K)I.(B) BRIEF DISCUSSION REGARDING RESCHEI)LTI_ING JLT'R 28, 2001 COMMISSION LMMEETINf}(See #13 and 33). Vice Chairman Gort: Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, "B," I would ask that the item be deferred until June the 151''. They would like to come here and address the Commission and present us with an award, and basically talk about next year's Orange Bawl events. So I would respectfulhl motion that the item be deferred until the .lune 15`t' meeting. Commissioner Winton: Second. Vice Chairman Gort: All in favor, state it by saying "aye." The Commission (Collectively): Ave. The following motion was introduccxl by Commissioner Sanchez, who moved for its adoption: MOTION NO. 01-494 A MOTION TO DEFER CONSIDERATION OF AGENDA I'l EM DIS'T'RICT 3-13 (1111I7SENTATION AND SHORT VIDEO DOCUMENTING TILE ORANGE BOWL rFs'riVAI.) TO THE COMMISSION MEETING CURRENTLY SCIirDULP.D FUR KINl? 14, 2001. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sancho Commissioner Arthur E. Teele, Jr. Commissioner Johnny Winton Vice Chairman Wiftedo Gott 'MAYS: None ABSENT: None Commissioner Sanchez: Oh, I'm sorry. Just for clarifying on the record, the next Commission meeting is June the 14'x'. 31 5/24/)1 =01M■N aE,� 4 TW�.rr�; `� �c,-��k � �d7"T �� fid. � s �• ���� � � � � �� s�k � ��r �4 �'� �J �•�Y�.$,� �y„,"�'�`y +�"�` ` �' `'�, �.. �' � Sc_: 4 4 � •-� 6 .gty,'F �" w ,',{� �.yt°��qqLs� tft �"'v �"''^�� 4'�4� hX�``':1�1�y.�5�.� �`��➢fig� � uA ,C 47, '�r�'" n rf e"�"''� 1 '+!` �.; �� # se t�`R �' . ks WE '' x. S t ry s '.S�.c.a �"`7. �,ke''YavwwF ^S wa,'s�'£a;C•'�pR.x %?�t. - irk f"�. E '�,37� d�y.�+t� :J �' J t - �'Tt, .�`-r a ; r-1-0. � h:#c :a•�"AX.,, �'�,r �#�did at• .��' k �k' _ v'fi �3# '. � � s• .j r� "�' � v, � !'� `i � ���` `�, 't�n� a'. t 7. DIRECT MANACiER '1'O NEGOTIATE AGREEMENT WITH PANOZ MOTORSPORTS ' GROUP OF BRASELTON, GEORGIA. FOR PURPOSES OF LOCATING AMERICAN LhMANS SERIES AUTO RACE IN CITY COMNIL•NCING IN 2002; MANAGER TO INITIATE NEGOTIATIONS WITH BAYFRONT PARK MANAGEMENT TRUST (BPMT) AND BAYSIDE MARKETPLACE RELATED TO FUTURE ASSOCIATION OF AUTO RACE WITH BRMT AND � BAYSIDE (Sec #t56). Vice Chairman Cion: Item C. Commissioner Sanchez.. Commissioner Sanclicz: Item C. 'Thank you, Mr. C'hainnan. it is with great honor that, as always, we're ltwking out to improve events in the City of Miami and attract more tourists, and give the City of Miami an international look throughout the world, to focus on whatever may be positive lbr our community. And one of the events that really comes to mind was the Miami Grand Prix several years ago that was great for this community. i remember as a Slate Trooper, one of the tracks, the races I was -- 1 ran the Mustang, 5.11 in the track. Yeah, yeali. So, you know, you would sec how many people were there with such an event when you drove the down the track. Anel y011 used to look at the Howard Johnson and see the balconies fill of people. Ali(]-- Vice nd-- Vice Chairman Dort: Ile used to do it on the turnpike all the time. 'That's why they asked him to run for Commissioner. Commissioner Sanchez: So it was something that was so good for the community, both on the economical aspect of it and the great energy that it brought to downtown. And now there's some talk about bringing hack an event that will give Miami international flavor and international exposure. So that is -- I have a resolution, Mr. Attorney that 1 would ask you to read. And I would respectfully request the Commission to support this, which 1 think- it's a great event for the City of Miami. Vice C'hainnan Gort: There's it notion. is there a second? Commissioner Teele: Second, Mr. Chairman. Vice Chairman Gort: Moved and seconded. Commissioner Teele: For purpose ot-discussion. Vice Chuirnian Gort: Discussion. Commissioner Teelc: Mr. Chairman, I want to again -- I guess i should have said all three things you've done -- been doing -- four things. The Orange Bowl, and really, you took the bull by the horns with the l3nyfrow Trust. And, you know, I don't want to bring up unpleasant memories but -- Commissioner Sanchez: I'm going to let go of it. Cummissiouer T'eele: 111111? Commissioner Sanchez: I'll) going to lel go ofit. 33 5/24/01 • • Commissioner 'I cele: But just a few years apo, the Bayfront 'I rust was in the midst of great difficulty. And you've provided a level of stability. You've reorganized it. We've got professional management there that we can all be proud of. Thcre is no question that an event like you're talking about can do wonders for the City of Miami. And I'm not in tnedia. I don't understand inedia. I know that my colleague does, Commissioner Repalado, but when you buy [line for Coca-Cola or Pepsi, you talk about the number of point. of people, as cxpressed in millions ol-peop]e that set: a ronlnlerrial. l hose -- that Point system is widely understood m the advertising; industry. When you put on an event lilac the Kentucky i)erby, an event like the Lenlans in Monte Carlo, the number of points are staggering;. They're off the char. 'I he important thing about this event. }towcvcr, is that ;hitt event is it part -- .toe, ant! I want you to hear this. I knew you're -- .toe. 1 want you to hear this. This event is as notch a part of the fixture of 1\liami as anything %+C; IV Io dcI i +Pas pleased to have led the eflilris it, Mini; the Summit of the Americas here, and I was plc:lsed to be inmlvcd in the efforts to relocate the Southern Command here. This evcnt is another one of those Pieces. Thr soccer, a first class soccer facility is something ++e should be talking about. Nit'. Manager. I Mean, Miami ]leach is talking about what they wall!. The Marlins are talking about whal they want. One of the things that the City of Nliaml should he talking about is it first class Olympic quality, Olympic training. soccer and cricket tacillty. I mean, this is it part of what Miami has the potential of bring. As I like to say, not the gate++ay to the :ltrlcricas. hilt the capital, the capital and the most significant City in the wcslcrn hemisphere. That's our manilest destiny. even if we screw it up along the way, just because of geography that God Messed Its with and IIIc language diversity. And 1 +rill say this: HIC Brazilian inllucilce :Ind the Haitian inilucncr are the own most under-rcco>;nized and under-appreciated influences in this hemisphere. And that's it part of Miami. I hz Drench speaking ties Lis right back to Europe and Canada And the Brazilians, of course, there are more people frons 131-a7il in Brazil than there are in all of South America, Central America and the Caribbean combined, ++ith the exception of Mexico. And Brazil is the Germany of this hemisphere. Less than three percent of lite people from Brazil fly cin airplanes. And Brazil is going to be the great, great economy of the 21" Century ill this hemisphere. But this event, Commissioner Sanchez, this event has the potential of again putting another nail in the plaque that Miami is, indeed, the capital (it' this hemisphere. And I would urge the organizers to look toward Brazil and Haiti as a part of the potential of the dram,. 1 mean, what we want is the draw. If you bring in it large Drench-speaking group of people, you're going to bring; in '.Ionic Carlo. You're going to bring ill the people -- hccause like it or not, people go where people speak the language and they're comlortahlc. So 1 flunk Haiti and BraAl need to be integrated 'I his is a uniCluc opporluuity to do that. Anel. 1 know that Ulcre are greal Brazilian drivers in this community, and ae need to think -- Argentineans. We need to think globally. I'he only point that 1 would make -- and i Ihlnk this is a proper event, and I want to just say this: We're going to get criticized. So let's all understand that our clear friend, Carl I haascn is going to have a new opportunity to start writing:. Bill that's great. And he's a great writer, except when he's writing about me. And I enjoy reading; him, except when he's writing ahout tile. But tilt iact of Clic matter is the Miami (;rand Prix did leave it bitter taste in some people's mouths. The environmentalists, the "greenies" are still upset about some of the things that were left. 1 happen to think Ralph Sanchez is one of'the greatest human beings that Miami has ever been blessed to have as a citizen. What he did, when he did it in I9m), the guy is it visionary of Leonardo da Vinci proportion, in lily mind. But the iact ot'the matter is, is that there is a bad Iccling. The lit,?-rhl never editorially supported fully racing downlowon. But ladies and gentlemen, Commissioners, with all of that said, we need to embrace this idea, bol we need to vet it. And it needs to be properly evaluated, reviewed, and I think w•hal Commissioner Sanchez is doing; is the correct thing The only request that I would make, respectfully, is that the Bayfirom -]rust must lie the org;anizrr -- I'm sorry -- the sponsoring; agency. I don't take any 34 5/24'01 exception From that. But I think we need to stop thinking, so parochially about these agencies, like we've done with the CRA (Community Redevelopnmcnt Agency) and the DDA (Downtown Development Authority), ct cetera. Thcre is no way you're going to run a race and not affect the I)UA. And there's no way. more importantly, you're goini, to run a race and not affect the DDA business owners. And so the only thing that 1 would respectfully rcclucst is that the Bayfront Trust be the person to sign the agrecnment, as you've outlined here, apparently, not the City. but file Trust. The Trust, we own. We own the Trust. But that the Trust negotiate an agreement, not only with the promoters, but with the DDA, because I think it's very, very-- I'm not sure about the -- I don't want to -- the DDA and any Other entity, if you want to do Depanment of (H Sircet Parking. But I think those two agencies need to he a part of the financial -- and this is what I'm saying. .•1►t\ financial returns, some of;( needs to accrue to (lie benefit of the DDA. Those are file businesses that are going to he negatively impacted, and thev that negative Is ming to turn Into a huge positive. And so we need to get that input in that process. liar, on nu terms or conditions am 1 suggesting that anybody should he in the lead of this but the Bayfront 'I mist. 1 he Bay(i-ont Trust must be in the lead, because the Bayfront Trust is an organ of the City Commission. The DDA is a tool of'State law. it is -- they have a different relationship. So 1 want to confirm everything that you're doing, Commissioner Sanchez. but I'd like -- and I'd like to linear from Commis-doncr (;ort, who is the Chairman of the DDA, and Commissioner Winton, because we're point; 10 impact streets down there. And I think part of the problem we've trot with the parking surcharge, et cetera, is \ve'yc really not conferrer) enough and brought people to the table early enough on some of the things that we're trying to do. And I hopc You understand what I'm saying. I'm not at all saying that the agreement should he a joint agreement between the DDA and the Bayfront Trust. 1'o the contrary. 'I he Bayfront Trust should stake whaleyer agreements there are. And those agreements, obviously-, have to be ratified here by the City Commission. But i am suggesting that the Bayfront Trust and the DDA should enter into a partnership agreement of sonic sort that would allow for some financial. And finally. I would require that any use of land and public, Mr. Attorney, he subject to a public hearing and a public notice, so that everybody who %%ants to complain and criticize can Oona firth and clu it. This is not going to be done under the table. It's not going to he snuck under the wvire, and let the cards fall where they may. Those of us, after hearing from everybody, who want to go forward. will vote that way, and those that don't. But I dont think we ought to shut file process down. And I know- that's not your intent. But I think this should be subject to a public hearing when it comes to us for final raUficahon. And I'd like to yield to you or thank you, Commissioner Sanchez, for what you're doinZ . Vice Chairman Gort: Commissioner Tecle -- go ahead. Commissioner Sanchez: Yes, Mr. Chairman. Commissioner Tecle, I think you've made very valid points. I think that it' %ve learn something from things in the punt, it's that we can't make the mistakes again. So 1 think it's it great idea to have the DDA involved. I think that we're going to need to work with a lot of entities to stake this happen. Of course, one of them is fi)OT tl-lorida Department of Transportation). And I think that this is something, once again, that will send a clear message that we're basically unified to make this event it reality. So I, as life maker of the motion. I accept the recommendations made by Commissioner Teele. Vice Chairman Gort: 1'd like to state that when time Grand Prix first carne to downtown Miami, I was with the Downtown Miami Business Association at that time. And I believe this would he a great benefit to the City of Miami in creating a name worldwide, but at the same time, it is very important that we work as a team. And 1 think %ve have a lot ofdocttntcntation and experience that we have from the Grand Prix, so 35 5'24101 trrrliner we don't make the same mistakes. And one thing that 1 would like to sec is a long-term commitment. Mr. Manager, I'd like to see a long-term commitment. I don't want the same thing that happened to us before. And I don't think it was the Grand Prix's fault. I think it was part of the fault that we somehow changed our rules and they were not able to continue the race. 1 don't recall -- Carlos Gimenez. (City Manager): Commissioner, the way I read this, the City of Miami is not involved in negotiations. Vice Chairman Gort: Well -- Commissioner 'reek: Excuse me. Would ,you yield? The bayfront 'frust is a subsidiary of the City of Miami. Anything they do must he ratified and approved by the City Commission, if I'm correct, Mr. Attorney. if I'm not correct, Mr. Attorney, state it on the record, please. Vice Chairman Gort: Yes, it does. Alejandro Vilarello (City Attorney): That's correct. Mr. Gimcnez: Commissioner, 1 respectfully -- you know, I don't give illy opinions here too often. I'm going to give my opinion on this one. 'rhe way I read this, this is going to he negotiated between the Bayfront Park and DDA, and the Cit;; administration is not involved in negotiations. There arc significant issues dealing with the City and the City administration relating to this race in terns of the services that are going to he provided -- police, fire, any kind of infrastructure improvements that have to be done. Pm afraid that, you know, if the City administration is not involved in these negotiations, you know, sonic things could he lett out. Vice ChaimZan Gort: My understanding is you're going to be using sonic of the City's streets and roads, though. C'onnmissioner Winton: Well, it seenns to me that the agreement could lie between the Bayfront Park Trust and Panoz Motorsports. However, the City administration absolutely should he at the table. Commissioner Sanchez: Has to he subject to approval form the City administration and the City Attorney. Commissioner Winton: No. l would have. the City administration at the table as a part of your negotiating team that deals with all the language associated with this contract. So then you don't have any problem with, you know, running into a problem internally with something that solneone from the Bayfront Park Trust level may not understand about. Commissioner Sanchez: Mr. City Manager is that acceptable to you, sir? Mr. Gimcnez: I have no problem with that at all. Commissioner Sanchez: OK. Mr. Gimenez: I think that all three entities should be involved. That's my position. 36 5/24/01 Commissioner Tccle: But Mr. Chairman, I want to be clear, because the Manager said two timings that I take exception with. The agreement is not between the Hayfiont 'frust and the DDA and the promoter. There is only one agreement that is the subject here, and that is an agreement between the Bayfront Tntst and the promoter. What we asked in addition was that the Bayfront Trust enter into a partnership relationship with the DDA concerning revenue splits and those things, so that some of the benefit of this event go, you know, goes to the DDA, and that the DDA is therefore brought in, in this thing to bring their input. And how they do that, you know, it's up to Commissioner Sanchez and Commissioner Gon, as far as I'm concerned, as the two respective Chairmen o1' body. I lowever, as a matter of law, any agreement that the Bayfront Trust, as opposed to the DDA or the CRA -- those are two) separate lines of relationship. The DDA is pursuant to State law and the CRA is pursuant to State law. However, the Bayfrom Trust is pursuant to City ordinance. Any agreement that the Bayfront Trust enters into -- any agreement -- you're at the table, whether you want to be or not, because we've got to approve it. And bci'ore we approve it, we're going to ask you what your opinion is. And so we need to be very clear that there is -- there cannot be a disconnect between the Executive Director of the Bayfront Trust and the management of the City, unlike with the; DDA or the CRA, and maybe even MSEA (Miami Sports and Exhibition Authority). is MS) --A a State agency? Mr. V41arello: MSEA was initially authorized by State law, yes. Commissioner T ele: Yeah. But it's also under us by ordinance. Mr. Ginnenez: Commissioner, respectfully, the only issue that I take is with the resolution. It says directing the negotiations are with the Bayfront Park Management Trust and Bayside Marketplace. And apparently, they're going,' to do the negotiations. I just think that it's prudent that the City of Mianni administration also be a part of the negotiations. Commissioner Teele: I would move the amendment if it's acceptable to the maker of the motion. And that is that it would be -- readjust like it says, including the -- with the consultations and negotiations by the City of Miarni. Commissioner Sanchez: Accepted. Commissioner Tecic: Management. Vice Chairman Gort: OK. Commissioner Sanchez: City of Miami management. Commissioner Teele: Management. Vice Chairman Cort: OIC. Commissioner Winton, do you want to make a statement? Commissioner Sanchez: Accepted, Commissioner Teele made an antendment to the motion, Commissioner Winton. 37 5/24/01 • Vice Chairman Gort: Right. Commissioner Teele: Which is the Manager's language. Commissioner Sanchez: And I accept it. You're the second. Commissioner Winton: Absolutely. Commissioner Sancho: OK. • Commissioner Tecic: Isn't the City Attorney the lawyer for you all, too? Commissioner Sanchez: Yes, sir. Commissioner Teele: So you're there anyway. Vice Chairman Gort: Right. Commissioner Sanchez: In every meeting. Vice Chairman Gort: Any further discussion? Commissioner Regalado: Well just a -- Vice Chairman Gort: Yes, sir. Connnissioner Regalado: -- brief note. The City is going to make an effort. I guess, that weal] support this with great enthusiasm. But we need also the component of the marketing. So in the next meetings, and through me first, but the whole Commission as a whole body should request from the Greater Miami Convention and Visitors Bureau, an entity that we give 40 percent of the bed tax dollars, a special project to market, beginning the year before these races in downtown Miami, with all the facilities that will he available to the people attending to market special rates, and the hotels or whatever the DDA can get from the area merchants. I think that that would save the promoters a lot of money, will bring the City a lot of money, if we use the resources of the Greater Miami Convention and Visitors Bureau to market this event. So through me, your delegate, I will be requesting that, but you. as a whole, should make a statement. And we will prepare something f'or next meeting to do. Vice Chairman Gort: Well, sure. My understanding is they didn't have any time to come in front of the DDA Board, but we would love to have it in front of the DDA Board, because at the same time, we've created a committee out of the hotels in downtown Miami that will want to get involved into it, and they will help yott promote it. It will be part of their promotions for the hotels and so on. Commissioner Winton, anything else? Commissioner Winton: No, I think it's all heen said. I'm hugely in favor of this. Vice Chairman Gort: OK. Any further -- Do you want to read the resolution? 38 5/24/01 0 • Note for the Record: The City Attorney read the pending resolution into the public record by title only. Commissioner Sanchez: Mr. City Clerk, roll call. Commissioner Teele: Before you do, "as soon as possible" doesn't help you. Put a date, Commissioner Sanchez. I mean, you know, whether it be 60 days, 90 days, 120. it doesn't matter, but just rick something. Commissioner Sanchez: Thirty days. Commissioner Teele: OK. So in other words, for the June 28"' Commission meeting. Is that, Mr. Attorney -- Commissioner Sanchez: Thirty days, Mr. City Attorney. Mr. City Clark, roll call, please. Mr. Vilarello: Well, we're going to put it for presentation at the June 28'x' City Commission meeting. Commissioner Sanciw: Yes, sir. (INAUDIBLE COMMENT) Vice Chairman Gort: At the same time, my advice is look at the long-term commitment. I think i want to have that. Walter Foeman (City Clerk): Roll call. Commissioner Sanchez. Vice Chairman Gort: No, this is a resolution. All in favor state it by saying "aye." The Commission (Collectively): Aye. Vice; Chairman Gort: Thtuik you. 39 5/24/01 0 f� The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01- 495 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE NEGOTIATION OF AN AGRI:I;MFN'r, IN A NORM ACCEPTABLY' TO THE CITY ATTORNEY, BETWE:I:N THE BAYFRONT PARK MANAGEMENT "CRUST ("BPMT") AND RACEWORKS, L.L.C., WITH CONSULTATION AND PARTICIPATION OF 'T I IE CITY MANAGER OR DESIGNEE, FOR PURPOSES OF LOCATING THE AMERICAN LE MANS SERIES AU'T'O RACE IN THE CITY OF MIAMI COMMENCING IN 2002; DIRECTING NEGOTIA'T'IONS WITH BAYSIDE MARKETPLACE ("BAYSIDE") RELATP.D TO THE FUTURE. ASSOC'IA'TION OF THE AUTO RACE WITH BAYSIDE..; FURTHER DIRECTING THF, NEGOTIATED AGRI;'F.MF,NT WITH BPMT AND RACE WORKS, L.L.C. AND A REPORT CONCERNING NEGOTIATIONS WITH BAYSIDE BE PRESENTED TO THE CITY COMMISSION AT A PUBLIC HEARING FOR REVIEW AND CONSIDERATION AS SOON AS PRACTICABLF. (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 mid adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur F. Teele, .Ir. Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None Conmissioner Teele: You have another item? Vice Chairman Gorr: No. Commissioner Sanchez: No, sir. Thank you, Mr. Vice Chainnan. 40 6Ifromr-M .5/24/01 8. STATUS REPORT ON HEALTH CARE FACILITY LOCATED AT 3800-3850 WI -ST j FI.AGLER STREET. Vice Chairman Gort: Commissioner Regalado. Commissioner Rcgalado: I hank you very much, Mr. Chairman. The first item is the health care facility located at 3SOI) West Flagicr Street. If you all rcntcmbt:i, vvc discussed this item several weeks ago. Anti on April 25, 1 received it memo front the Manager, and on May 15, you all receiver/ a mento from the Manager, which is actually it 1110110 01' Chief of Pulite to the City Manager. Let tut; tell you what I think is hapl)cning. I-irst of all, the mento frons the police conlirms that there -- we got a problem there. 'I he Chief of Police has reported that in the Hast lout' weeks -- and this is dated May 15 by the Manager. Maybe earlier. phis has been written carlicr. 17 Individuals have; been arrested in that arca. Some of these complaints are generated by patients of the center who receive treatment and stay in the neighborhood creating problems and calls for service. So the Police Department has arrested 17 individuals that fit this criteria. According to the April 25 menu) from the Manager, the garbage pickup is being done by BPI. The container is large enough for the garbage. Access. to the container has been enclosed with a fence, anis it's locked. Hazardous material is collected by 131-1, haiardous waste. Two red containers to dispose of the syringes and other hazardous, nlatcrial. I have a picture here of early this week afler two weeks of the garbage. it's overflow, and there is haiardous material on the floor. i'll give this to the Manager. In the past ttyo -- in the past ten days, the patio furniture of Iwo honks lav e been stolen. plus a car has hcen vandalizckl. Not that I'm saying, that this is a consequence of that. But first. I'd like to thank on bellalfot the ['resident the Police Department. I moan. 17 arrests means that there is a prohlem, and that the police is dealing with that. However, %vc keep having complaints from the shopping center across the street, Which Is a huge shopping center, and the two service slatiuns, plus the neighbors in the back of the fatality. So I just wanted to give you an update, nlcinhers of the Commission, tell you that the police is doing: it great job, but we still have a problem. ChieC.. Vice Chairman Gort: i have to tell you before, C'hicf. that was -- I think I %vas the only Commissioner who was bete at the till -le that this cattle in front of us. We voted against it. h was taken to court, and the court is the one that imposed the -- But I understand w4 have ccrtiiin conditions that wr have put to it. And I think if those people are not complying -- because We e01.11d see that the problems that %vert going to collie with this tNI-le of facility if it's not revulated, and if the people, the administrator ofthe facility clow not really comply with the requirements. 1 think that there's something that needs to he clone. Raul Martine/. (Chief uf' Police): Yes, Commissioner. Raul Martinez, Chief' of Police. Conlnlissioner, thank you. We're: still making more arrests. But sadly, we wean to the two gas stations, and rather than make an arrest, we said: %Xould you stop selling single beer to the people that are doing; panhandling? Both of them refused to say that. Thcy still want to make the dollar, dullar fifty Croat doing that. So they're part of the complaining, but they're part of the problem front doing this, and they're saying; that thev can't discrinlinato. Commissioner Regalado: No, but Raul, Raul, actually, the complaint comes 90 percent from the residents, not -- not from the. -- I mentioned the business, becausc they go around the business, and 1 guess that the business know how to lake care of thentse.lves. But the residents don't. And I'm talking; about the situation uf'Soutllvvest I" Street, right in the back, and 38"' Court, 37"', 38'r' Avtlnue, basically those situations. 41 5/24/01 E Chief Martinez: Yes, sir. Commissioner Regalado: And the problem of the patients are during the night hours that they sort of stay in the area, walk around the neighborhood. You know, the business, if they want to sell them, or if they want to throw them away, that's their problem. But it seems to me that -- Well, 1 know that the complaints come more from the residents -- Chief Martinez: You're right. You're right, sir. Commissioner Regalado: -- than from the businesspeople. Chief Martinez: You're; right. But we just attempted to get some help from the business that would make it easier, hopefully, if they have to go somewhere else to get the beer, and the business refused to do that. Commissioner Regalado: Well. I mean, but -- And the other issue is the garbage situation. I guess that maybe they generate a lot of garbage. But there is a picture -- what the Chinese said'? You know, it's worth a thousand words. Right? I'll give it to, Dennis. Dennis Wheeler (Director, NET): Dennis Wheeler, .Director of NET (Neighborhood Enhancement Team). That particular establishment was cited by the NET Administrator for not having a proper sized container, and they were given a ticket. Commissioner Regalado: But this is not what the memo said. Mr. Wheeler: 1t was after the memo, sir. 42 5/2a/01 9 1v1S. SUSAN 131SNO, DIRECTOR OF GOVERNMENTAL. AFFAIRS, FROM AT&T7 BROA1)BA>\D, LLC ADDRESSED COMMISSION CONCERNING CABLE SERVICE- PROVIDED BYAT&T. Commissioner Regalado: The other iteral is -- oh, we have Ms. Susan Bisno, Director of Govetlunental Affairs, AT&T Broadband. There was an issue or several issues -- Ms. Bisno, thank you for coming -- on the -- not the Programming, but the quality of the service. And also, there were some issues on the HUD (Department off lousing and Urban Development) buildings, Let rale begin by the HUD buildings some of the complaints thal I have. As you know, the City, when we entered in a contract with you, AT&T al,reed to not raise the basic service on the HUD buildings, 35 HUD huildint*s in the City of Miami. ; think that that worked very good for -- 1 don't know -- several months. What is happening in some cases -- and maybe you can explain wlly this is -- is that some of the tenants have gutter phone calls frons probably telunlaikuling groups saying: Do you like Io watch spons? Do you litre to watch movies? And of course, they said, yrs. And what is happening is that by agreeing to that, they are taking out the basic service. And that is not included in the contract. So they come back to its. Oh, 1 fol a bill for lorty-five doPars ($45). Oh, 1 got it hill IOr fifty-one dollars (S51). Sante of thein have not paid. 'There is a case that she didn't pay for three munihs. The service was cut. And it's hecoming son of it pattern. At least I know about 10 to 12 cases. So i don't know if the County and the City -- the County owns the building. The City gives them guidance and protection and all that. Or AT&'I should advise them not Io say "yes." say "no" on this issue. I don't know why the thing is happening. Is this something dial -- somebody that works for A'1 &T, or AT&T itself'? Susan Bisno: Is this on? Ycs. Commissioner Regalado: Yes. Ms. Bisno: OK. I'm Susan Hisno, Execulive Director of Govcrtlment Affairs for AT&T Broadband, 1800 Sunset Harhor Drive, Miami Beach, Florida. i think what I'm going to do is go on and ask our customer service people to note the customers that are, in fact, HUD customers, and have them no longer telemarketed. I think that's the simplest way, if we just stop the outbound calls from going to them. There are several other things we could do, but that's what I'd like to try first, andjust hove thein not get the culls anymore. Commissioner Regalado: Oh. Is it possible to go hack to those who have made that mistake and ask them -- not ask them -- explain to them what they did by agreeing, because they don't -- they think that son%how. we lied to them, you know? Ms. Bisno: I understand. Yes, of course, we can do that. I'll go hack and have them look at the Accounts that arc HUH which are noted. I have confirmed before I came here this morning that we do, in tact, note those accounts. That was my first concern. They are noted. And anybody that has nceepted an upgrade in the last -- what do you want me to do'? Ninety days, maybe? Commissioner Regalado: Yes. Ms. Bisno: Is that a good tittle frame? 43 May 24, 2001 • 11 Commissioner Rebalado: Yes. Ms. Bisno: Been accepted as a fit 1D resident who's accepted an upgrade for cable service in the. last 90 days. We'll go rc-approach them and make sure they really understood what they did. And if anybody's heen discorutccted or anything, we'll repair all that, as well. Commissioner Rcgalado: Thant: you very much. Ms. Bisno: No problem. Commissioner Rebalado: The other issue is the quality. And I have received complaints from City residents regarding, you know, the quality issue, the -- Ms. Risno: Picture quality? Commissioner Rebalado: The picture quality. The picture quality. Is it because of the new construction'? Is it because of lack of maintenance on the old cable system? People also are asking: Well, when you finish the digital service, would you be eliminating the cable service? And would that increase throughout the City all the service:' Ms. 131sno: Well. first thing is, is that the rebuild Ilial we're doing.. the cable system should not be upsetting the current picture quality. We're literally rebuilding a second system parallel, and we have not yet bekttn to cut over customers from the old system to the new system. When that happens, there will be some channel interruption. We try to let people know, but -- when yuu'rc going from one system to another. But the complaints you're describing should not have occurred yet. I have confirmed that internally with our technicians. elvnd it may bc, because it is a cable system that needs to be rebuilt. 'I his is the reason that we're doing it. But most importantly. people need to know that they can call its, and 1 can make sure that ,you have some -- I can follow up and make sure you have all (lie customer service numbers that people would need, because they need to get their cable service, you know, positive. I mean, they nccd to be able to look at the TV and sec a good picture. Commissioner Regalado: Some of tine -- I mean, Ms. Bisno, some of the people that complained, they think that, well, maybe because of' the cable of the old cable system -- Ms. Bisno: Mm-hmm. Commissioner Rebalado: -- having these prohlenls, and, of course, because of age, having the problems -- that's logical -- ih-it they would be forced eventually to change to digital, Ms. Bisno: No, they won't he. The new service, what we call broadband, will have the basic cable service as is required. We're required under law to require that entry level of service with broadcasters, community channels. Certainly, um; of the things we're doing by rebuilding a new service is offering more channels, and hoping that more people will buy mure and more cable from its every month. But there will not be a necessity to have rate increases, or there will not be a necessity to walk away from the service you have now. No. 44 May 24, 2001 Commissioner Regalado: We're told by the City Attorney -- and, of course, he's right on this -- that the City cannot or any entity cannot control or regulate prices. That is up to FCC (Federal Communications Commission), and also, programming. However, one thinks, well, you we need diversity in programming. And I'm sure that AT&T is aware of the needs, how to minor the community. Ms. Bisno: Absolutely. Commissioner Regalado: And the last thing is the construction. You are building -- oh, you are -- yeah, building a system. Ms. Bisno: Correct. Commissioner Regalado: And this is underground. Ms. Bisno: Both up on the poles, aerially and underground. Commissioner Regalado: Underground, right. I. don't know if this is the City's fault. 1 think maybe it is. But we have got -- we have built sidewalks, new sidewalks. his. Bisno: N9nt-hnun. Commissioner Regaladu: And then the cable contractor comes and breaks the sidewalks to do the contracting. And what is happening is that when they go, it's not very well complete. Ms. Bisno: Restored, restored. Commissioner Regalado: Restored. Su I don't know if this is an issue that the City has to deal with. I guess that it would. Nis. Bisno: Well, we can definitely work with the City to understand where you're going to be trenching, where you're going to be opening up, anyway, so that if we're going to be there at the same time, it doesn't require -- you know, you guys go and as you said, fix a sidewalk, and then we come. Commissioner Regalado: But you have to do this before September, right? Ms. Bisno; September I" is the deadline, ,yes, sir. Commissioner Regalado: That is the deadline for -- Ms. Bisno: The rebuild being complete, the system. Commissioner Regalado: To rebuild. Ms. Bisno: Yes, sir. Commissioner Regalado: When you do that, will people be switched to (lie digital? 45 May 24, 2001 I Ms. Bisno: Yes. Well, it's not so much digital, actually. 1 mean, we offer digital service now in the City of Miami. So -- Commissioner Regalado: Well, the broadband. FIs. Bisno: The broadband. exactly. Yes. And -- Commissioner Regalado: OK. Would people be switched? Ms. Bisno: Yes. And actually, people will stall to be switched before then, because as we get a certain way through our construction and part of the new systeni is built, we will begin switching people over. We don't need to wait, so to speak, till the entire thing is rebuilt to switch it over. Commissioner Regalado: So is that -- docs that have an economic impact on the bill, would you think? Ms. Bisno: It doesn't need to. Commissioner Regalado: It doesn't need to? Ms. Bisno: As I said, we're going to be offering more channels, and certainly are hopeful that people will waist to buy more, but it doesn't necessitate a rate increase, no. Commissioner Regalado: So cable system, a basic cable system will be more or less the same? Ms. Bisno: Correct. Commissioner Regalado: Thank you. Ms. Bisno: ']'hank you very much. Commissioner mnissioner Regalado: Those were the concerns. 19s. Bisno: Thank you. Vice Chairman Gort: I have a question. Ms. Bisno: Yes, sir. Vice Chairman Gort: Are all the channels going to be seen very well now with the new equipment and all that'? Ms. Bisno: All the channels? Vice Chairman Gort: Yes. 46 May 24, 2001 NIS. Bisno: Yes. Vice Chairman Gort: Because there arc some channels in some neighborhoods that are not coining in too strong. Ms. Bisno: Well, 1'd love to understand exactly which neighborhoods those are, because I need to go hack to the: technical people and discuss with them. Vice Chairman Gort: For example, in Allapattah, Channel 4 comes out very bad, even within digitals. Ms. Bisno: OK. Vice Chairman Gort: The north end of the City, they have a lot of problems. Ms. Bisno: Well, Ms. Buza always knows how to find me. And if there's anything that I can do -- Vice Chairman Gort: I have your card. Ms. Bisno: Yes, you do. Vice Chairman Goil: And every time I go to a radio program, I'll give out your name and they can call you. MS. Bisno: Yes. Yes. Commissioner Regalado: That's what I'm -- Willy, that's what I've been talking about with Ms, Bisno. is that there is a problem of picture quality. And I understand, because i understand that they're spending dozens of millions of dollars building one new bridge, like if we're going to build a bridge over a system. And they can, they can a-hend a lot of money in the old infrastructure. But -- Ms. Bisno: But we have to maintain it. Commissioner Regalado: I'm telling you; there is a lot of complaints. I have got complaints on the extended service, the Stars. I think it shows movies. Ms. Bisno: Mm-hnnm. Commissioner Regalado: It has a problem with the sound. Channel 4 and sometimes Channel 12, which is UPN, l think it is, is having a lot of problems of blinking and -- Ms. Bisno: What parts of the City? Do you know? Commissioner Regalado: 1 would think that is happening in Shenandoah, and it's happening in West Little Havana. Ms. Bisno: OK. 47 May 24, 2001 Vice Chain,nan Gort: Lat me ask you a question, MS. Hisna: Yes. f sue!; r '41 t4 + r Vice Chairman Gort: I'm sorry. 1 didn't mean to Commissioner Regalado: No, go ahead. Vice Chairman Gort: look at your subscribers, and I'm sure you have an average of expon�itt t+o. There's certain neighborhood, your expenditure goes a lot higher than the average, and some oftheother' neighborhoods go below. And I think that's where you're going to have some of the problems. OK? Those are the neighborhoods, I think, that are having a lot of problems. Ms. Bisno: OK. Vice Chairman Gort: 'Thank you. Any other questions? ' rw ! Commissioner Regalado: No. t z Vice Charman Cort: ']'hank you very much. C appreciate it. Ms. Hisno: Thank you both. �x� �� � ��r � � wy� 4 kg� x ii Rir 'irt"}#( M. �i'�ykry x —W4 ry Vice Chairnian Cart: Thank you. �� � � � ' f k "Y 1 +s �'lK y�fs M1$ ¢dL + t ,y�+P past K ) r 1 7 � Zr )S• yy� `�{ 5 rfS"�•@ �p �tYa4{�p brA. �i#y, IV 't r'1;< 4A.Y i-vc�t##'yC;r F6F u r'f e a.�4giw„ ali'0',�"b�2 r e r z x} r lir Y� 5 ,L '"ar n�$- x r r e d s t tx•a a �1,rx aa r ''� k f WOW .r r a -. a✓ r r i '� ,r' yk: x Ms a s °# �"' i x t:,s mow. S s z .r � eta "�' ixx �k e4''..i`�t ri' w 'i.. R A7 v i § g a yiSv.ir3��'�Z w�" a §s. k"t 9 als Sa 1" i 48 May 24, 2001 10. DEFER CONSIDERATION OF PROPOSED RESOLUTION TO ESTABLISH NET CHANNFI 9 ADVISORY BOARD TO APPOINT COMMISSIONER REGALADO, ROBERT PARENTE AND HILDA TEJERA AS COMMITTI L OF THREE TO WORK WITH CI'T'Y ADMINISTRATION AND TO :MAKE COMPREHENSIVE RECOMMENDATION RELATED TO PROGRAMMING ON CiTY'S GOVERNMENTAL ACCESS STATION AT MEETING OF JUINE 14ttt. Vice Chairman Gort: Next item. Commissioner Rcgalado: OK. Vice Chaili»atl 6011.. Item " C " Commissioner Reg alado: "C," I'm going to defer. Mr. Chairman. "D," defer; "I"," defer. Now, un ­F," I t's the programming on Nei Channel 9 1 have a resolution for the City Commission to consider, A resolution of the Mianli City Commission creating and establishing the Net Channel 9 Advisory Board for a period of not more than one year, to advise and make recommendations to the City C'onlnlission concerning programming on the City's television broadcast station known as Chamlel Net 9. setting firth the. Advisory Board's purpose, powers and duties and providing for membership qualifications. officers, parliamentary authority, rules of procedures, meetings, quorum and assignment of personnel, legal counsel, and notice and filingt of record. And basically, what this is, is exactly wllat P13S (Public Broadcasting Station) has, what Chalulel 21. clic public station has here in Mianli, what PBS has on a national 1evcl. It's for char City Commission to establish an ad-v isory hoard of members of the community to sertic in an advisory capacity to the C='itv Commission, and to make recommendations in writing prior to the sunset date of the advisor,\• board, including hill not lintlted to current programming content, current Operational costs for programming production, suggestions for Illture programming; solicited Iron the media and community, capital improvement and personnel recommendations required to generate first class broadcast production and recommendation as to the need to establish : permanent Net C'hanrlel 9 Advisory Board. The advisory hoard basically will consist of seven members appointed as fullows: Those should be qualified electors of the City of Miami, be liulliliar with the mass media broadcast issues and scrvc without compensation. And it would he one member appointed by the Mayor and fine members appointed by the City Commission, each Commissioner nominating one individual, and a C'ily Commissioner appointed by the City Commission who shall serve as the chairperson of the advisory board. And the reason for this hoard, i'll tell you, I think that there is a lot of potential in Net 9. Ilopefully, with the new funds that we need to spend, to buy some cameras and editing, we can do programming on our own. And it's important for people ill the community that have the grasp of the colllllllllllty -- I sce one person standing there who knows -- you -- who knows about this, the video production and programming. But not only this committee will serve the pulpose of enhancing; the programming, they can brink ideas and they can bring oven resources to Ncl 9. 1 think that the Net 9 programming, now, it's some -- to cover the needs of what the law says, but we call be more creative. And I'm sure that with the public input, we can ;het it. So with that, I introduce this resolution. Commissioner \Winton: I'll second the Motion. And Con] tnissroner Regalado ifyou don't mind, I would recommend one 11111101' Change, and that is thal you tighten up thr requirements, hecaUSe I think that -- I back your concept 100 percent. 1 think this is a great idea. 14'hat ��e don't want to do over time is lel this, though, kind of drift off into just anybody that we want to put on, who doesn't have expertise, sw- ing on tills committee. So I think that if you tighten up that -- 49 5/24/01 Coin in issioncr Regalado: Oh, it says here, it needs -- Commissioner Winton: Right. Commissioner Regalado: It said it here. You need to have expertise on mass media productions and all that. Commissioner Winton: Yeah. And the word ought to be -- I don't know. What is it -- "must" or "shall." What's the one that obligates'? Alejandro Vilarello (City Attorney): "Shall." Commissioner Winton: "Shall." So if it -- just so it obligates, so that we don't -- i can't appoint my next door neighbor just because I like the guy. You know, 1 really am obligated to appoint somebody that has experience in that arena that can be it real asset to tis. Vice Chairman Goo: OK. 'There's a motion and a second. Any further discussion? Commissioncr Teele: Un discussion. Vice Chairman Gort: Yes, sir. Commissioner Tcele: Mr. Chairman. Vice Chairman Gort: Commissioner Tcele Commissioncr 'Teele: To the management on this. You know, at sonic point -- this thing has been beat to death. At sonic point, it was fanny. Then it became fnistratinb. And now, I think, Commissioner Regalado, we're at the point where either this Commission is going to function as the Board of Directors of the public corporation, or we need to resign and let somebody else run it, maybe a different form of government may be more efficient. But quite candidly, I'm eery fnrstrated with the discussions on Media 9, and Net 9. 1 thin(., you know, as far as I'm concerned, 1 don't wan( to hear it anymore. I think what we need to do is either radical surgery or nuclear bonib. But the fact of the matter is, is that C onimissioncr Regalado, as a Commissioner. has been discussing this. It's been on the agenda for the better part of two years. 'There's obviously been no positive response. And 'Tomas, I wish you would listen to me, because 1 can't talk to you outside of the sunshine. 1 mean, this is the only tinic I'm going to say (his. And I -- I don't understand media. I don't understand Net 9. I'm not the guy who's the expert here. But I don't support what Commissioner Regalado is doing, because I think he's taking us down a trail where 1 can tell you, it's a dead end at the end of the trail. And the problem that we have is not creating another hoard and doing this. The problem is the management will riot respond to everything that you are saying and everything the Commission is backing you on. And so, I mean, you know, what we have is a total contempt i'or the legislative power, the authority of this Commission to make direction, to give direction and know that it's going to be carried out. And, you know, we've got sonic sacred cows around herr. We've got sonic golden calves around here or something. It's apparently the Net 9, this whole media process. And as I've said before, 1 knew very tew people that worked in the City before I hecaine a C'ily 50 5/24/01 ill Commissioner or certainly a County Commissioner. One of the few people that I know is my dear fi•icrd, Jorge Luis, whom I have a personal and warn relationship with. I can remember Jorge Luis, when tttc State Department was trying to bet Aristide hack into power. Anti you remember, i called upon you to get about 200 African-Americans passports almost overnight. You all did the photography at the request of the White I louse, and we rushed doom three or tour hundred people to assist the Corps of 1:nginecrs, anti the UN (United 'Nations) Delegation. And all those folks were credentialed by you and your private business and all that. So I have no reason at all to be upset with you. But I will say this: There is a problem here, and creating an advisory board is just going to get it lot of people involved in what essentially is a showdown between the management and the legislation, this legislative branch. .And personally, Tomas, I support you, I support where you're trying; to go. But i think, you know, all we're going to do now is involve a lot ot•public people, get them frustrated. It's like "herding cat" or "pushing; a wet noodle." It ain't going to work. And - (INAUDIBLE COMMENT) Commissioner Tcelc: Hull? (INAUDIBLi! COMMENT) Commissioner Teele: That's what we're doing now. And I don't know how much time we're going; to spend on this. I am prepared, as a part of the budget amendment today to withdraw the entire Office of Media Relations, as it relates to Nct 9, to de -find it, tie-prog;rani it, and find an appropriate private agency, or public agency or public body that will administer this project for us under contract for the remainder of' the year. All we are is the legislators. We tell -- we can pass laws and tell them how to do it. And the other thing we can do is appropriate or remove appropriations. That's all legislators can do. Whether it be Congress, or the i louse, or the Senate, Tallahassee, Washington, County C017111liSSIOn. YOU know, let me tell you sonnething.. I had a colleague of mine who had five Lear jets -- the FAA (federal Aviation .Administrator) Administrator. Lou Itelnns. .And when De Mata finished hint, that buy had to get permission to ride on an Amtrak irain. And, i mean, you know, I used FAA one more than hu did, because the Chairman of the Appropriations Committee was Bill Lehrman, and I had in my budget at least two million dollars (S2,000,000) for administrative expenses, unrestricted. So any time the FAA Administrator wanted to fly, he had to come borrow one (if my staff people to be un the plane, so he could justify the use. because they zeroed his budget in the Office of the Administrator for the use of his own Jets. And what I'm telling; you all today is I'm getting; ready to zero this budget as it relates to Net 9. And somebody needs to go over and talk to the County School Board and start making arrangements, because Net 9 is on its way to (lie County School Board or to Channel -- what's (lie public TV people? Channel 2, is it'? Channel -- PRS, Channel 2, or we're guing; to find some bright, vuung; entrepreneur who knows something; about this, and maybe even has an internet company and could have this whole thing downloaded on interact, and run it through the NAP (Network Access Point). And this thing could be un TV all over the kaorld. 1 mean. you know, we're sitting; here in it 1960s -- you know, I'm thinking; of a scene fi•onn "The Godfather." The "aly said something about, "You came to the wrong party with that knife." Everybody there had a machine gun. You know, you guys have come to the wrung; -- you've conic to this fight with the wrong; weapons, because we have the authority over the budget. And as far as I'm cuncerned today. il•there's two other people that will agree, wve need to instruct the management today to go out and seek proposals, to seek letters of interest for private participation. specifically from Net 9 -- ntean from WLRN, from PBS, to mamagte this fol' us, to put it on Ilse air. And quite frankly, I think we 51 5/24!01 1I1141111 e ought to seek some young enttrprcneur who can Manage this for us and give its Internet application oil it. And we need to move on to the next level. So I would like to defer this item until we take up the budget, and then let's figure out how we're going to deal with Net 9, because we keep involving -• me having to involve a private citi•ren, and all of its, it's going to he the sante thing. At (lie end of the day, they've got to work with the munagcmcnt. The management is not going to do it. And how long have we -- I mean, how many different instructions have you given? I mean, can you count how many times you've brought this thing up? Mr. Clerk, can you - Vice Chairman Gort: Commissioner Teele, if you'd yield. I understand the frustrations. And I think you're tight. We',,e been dealing with this fot• two years now. hill to give the benefit of the doubt, i think we have people that have worked very hard with minimum equipment and minimum resourccs to try to put the programming together. Commissioner feele: Commissioner Gort, let me -- yield on this. The people -- and see, this is why nobody can ever do privatization, beeaUSe what you wind up looking til is everybody starts talking about a person. And so the people -- which is very valid and we need to be conccrncd about it. And I hope today, we'll be concerned about these Parks people who've been vmrking for ten years and 20 years at �2 hotirs. Whose are the people we all also ought it) he concerned about. But they don't have the access to the City ]-tall, so they don't get the kind of treatment. But in privatizing this out, we can transfer and keep the same people as a part of that contract. So I don't mean to infer for one minute that one person, not even a part-time secretary or clerk should lose their lob. 'That is a part of the opportunity. 13ut I don't think - you kilo'%', I think the way it's going to do is, what I want to do is get the uxtet•ttal auditor involvai, and let them handle this, hccause I can tell you whal's going to happen if you ask the fox to guard the chicken house. If Jorge Luis is asked to coordinate this. i can tell you what's going to happen. So what got to do is figure out a strategy today that we bring: in the external auditor, or somebody who's got a contract. Consulting; firms generally handle these kinds of things for government all the time. And go out with it solicitation, a solicitation of interest, OV Solicitation of interest. frit not saying we're going to do it today. But I'm saying; tills: We'rc going; to stop this argument hack and forth. We're going; to go out with a solicitation and see what's out there, and sec if there's somebody that wants to run it, and what kind of folks, because this ain't going to work. And this is going hack and forth, back and forth. And it's frustrating to all of its to sec g;o\ernment not responding in a manner that they've been directed. Vice Chairman Gort: Well, the maker of the motion is going to have to make; a decision oil that. Commissioner Teele: Can we defer it till later`' Commissioner Regalado: Yeah, sure. I don't have any problem. I just think that this could be the last try that we do to get some input or net%, life into Net 9 for -- I mean, and let the tell you, let the tell you, do not get this wrong. This is not about the employees of Net 9. These people -- Let me tell you what 1 think is so wrong with Net 9. They have two experienced people that work sonic days 12 to 14 hours a day putting on the programs. 'I hese people have the capability of editing;, producing, and filming, because they know what they are doing. But we don't have the creativity to hire two young students to run this airing of the Waterfront Advisory Board, the Planning and Zoning;, all these boards, and free these people to do other projects. And, you know, that is a probk;ni. That is a problem. They don't do that. 'I ltey refuse to do that. 'They just don't, don't, they just don't care about any future programs. So, you know, I did this because 1 think that we have in the City of Miami people that understand programming, and they 52 5;'24/01 611113ME • , can decide. And let me tell you, at no additional cost of the City. Asa matter of fact, the Manager still has a check that was sett to me when we requested funds to do Miami's Neighborhoods. And that check has been deposited. I hope we can find it someday if we want to. It's a fifteen hundred dollar (S 1,500) clieck from a donation that someone gave us to produce those programs. This was about eight to nine months ago. I've given up on those programs, because, you know, the equipment is bad. We can't edit. We don't have the time, this and that. So, you know, I don't have it problem in deferring this. 1 do not have a problem in going out to get an outside source to manage the station. 1 think that they should go ahead and buy the equipment, so people that work there can buy -- Commissioner Tecle: Would you yield? Commissioner Regalado: Sure. Commissioner Teele: Maybe this is a compromise. Commissioner Regalado: No, I don't have any problem. Commissioner Tecle: No, no. But let -- Commissioner Regulado: No, I don't have any problem deferring this. Commissioner Teele: Let me put a compromise. I would move, respectfully, this item be deferred until .Tune the 14'", next meeting, and appoint Commissioner Regalado as a committee of one to work with the management and to present it resolution of the matter at the meeting, including all of the issues that are being raised, all of the options -- both options -- the advisory committee, the solicitation -- and for you to come back here and tell us exactly how -- a comprehensive approach to solving this problem. Is that acceptable to you, Commissioner Regalado? Commissioner Regalado: Yes, sir. Vice Chairman Gort: There's it motion. Is there a second'? Commissioner Winton: IT second it. Vice Chairman Gort: Discussion. Being none -- Commissioner Teele: Mr. Chairman I -- Carlos Gimenez (City Manager): Mr. Chairman. Vice Chairman Gort: Yes. Mr. Gimenez: Later today -- I'm as -- I'm almost as frustrated as you all in the content of Net 9. And when I've asked for explanations of why we can't get things done, it always comes back to equipment and the fact that the equipment is obsolete. There's computers that we have rurt ting the programming now that aren't even being manufactured anymore. And later on in this agenda, there's an expenditure of two 5:t 5/24/01 hundred thousand dollars ($2100,000) for new equipment. Now, once Ilic new equipment conics in, I expect no more excuses as to why thinks can't gm done. 1 actually welcome Commissioner Regalado's initiative. I think tt's it good idea to get some experts from the outside to give us ideas on exactly haw it is that %ve should be running the programming, give its ideas on how• we could maybe partner with sonic of the communications schools, f+'IU ('Florida Intcntational University) or UM (University of Miami) and get some help in order to have more programming. But, you know, I think the personnel that are there that have been working with this obsolete equipment for years and years, and keeping us really basically running with gum and rubber hands, and doing the hest they can to keep it all together at least desei-ve a shot until after they get the new equipment. And then alter that, if they don't produce, then, you know, thev'rc on their own. Vice Chairman Csort: Mr. Manager. I understand your point of view, and I agree with you on the personnel. But I think at the same time, there's new resources in here, and I'm sure if we go and talk to sonic of the stations, we can borrow -- they will allow us to horror% their equipment so we can go ahead and do it. And that's what we need to do, if we don't have the equipment now. We're going to vote in favor of purchasing; the equipment necessary to make it better. But at the same time, we've been saying for a year now, go ter the stations, go to the public stations, I'm sure they will allow you to use their lacilities to do so. Mr. (Amencz: 'I'htulks. AIId that's why I \%elcome the initiative of Commissioner Regalado, to give its an advisory group of people that arc knowledgeable in the area. 'I he people that are working Net 9, like, you know, he said, they're working 12 hours ;t day, and they're just working, working, working. They really, don't have the time, rcally, to do sonic creative thinking. So 1 think that the advisory committee is a good thing, and when we get the equipment, you should ice an improvement. And if yott don't, then, you know, we really need to look at how this thing operates. Vice C'hainnan Gort: Commissioner Winton. Commissioner Winton: .Actually, i like both ideas. I like Commissioner Regalado's idea, and I like Commissioner Teele's idea, beCaUSC it seeuts to file, Curllmtssroner 1 eele, in regards to your idea of creating some competition here -- First of all, though, you have to have an expert sitting at the table, which you recommended, because if' you don't have an expert sitting at the table that knows where to go to recruit the competition and to evaluate it, you knuw, we're not Suing to get anything good out of that process, either. So 1 think that's crucially trnpaltant. But it seems to me that the tblks that are there also should he -- have in equal opportunity to compete. Once you have the new equipment and you have swne advisors sitting around the table, you give everybody tinge to go away and de\clup their own strategic plan and proposal that comes back to the City, so that the folks that are there, Dankly, have a competitive edge. if they're it part if the opportunity to compete, they should have a competitive edge, because they've hoen there, they understand tilt: City. So if they're really focused Oil w'her'e we're trying to go, they have as good a chance or a better chance of witlning this competition than anybody else. Su I like both ideas, and hope that, Commissioner Tcrle, in terms of your proposal, that you are also considering allowing the existing group to compete on an equal basis with everyone else. Conulussioncr Tecle: Absululel\. My resulutioIl or Illy motion at this point would ask Commissioner Regalado to -- with it committee -- and we said a committee Ot'one, but t think there's a problem with a committee of one under rbc Charters do 1 would ask that the committee be three people consisting of 54 5/24/01 IZIIi)fiB7. Annando Gutierrez, and Robetl Parente, w-fin is with the Waterfront Board, uric of the boards be added, if' that's acceptable to you, Commissioner IRcgalado. Commissioner Reealado: Sure. Commissioner Teele: But I would hope that that committee would look al both ideas, both processes. 1 would go a step further. i would hope that Nve would ftgurc out what the total cost of the staff is right now. The direct, indirect, whatever, put that in the box and say that we're going to -- in this compclition that this is an allowance that they have to bid. In other words, everybody that has a job would be a hart of the proposal, even trout the privatO sector, hCCanSC I don't think it's about otic or the other. 1 think what it's really about is maxin iving Ilia hcrsonilcl, and can that best be maximi,ed with an organization who has only one Jocus, and that is the production o1' a TV network versus it govcrnntental body that has a, its luaus the "A" to "T' of municipal government. I mean, that's the real challenge. It's not about the people. And l want to he very clear. I mean, I think if -- it private operator potentially could wind up doing this on the Internet, because, sec, right, Net 9 only guts through the cable stations. And so if you live in Coral Gables, you clOn't sec this Net O. OK? If' you live in Aventura. you don't. There is tremendous potential. 1 mean, we're spending all this money in technology. You know, we keep wanting; to he the technulogy City, but we ought to look at -- (INAUDIBLE' COM1v1i:NT) C( mmissioner TCCA': Say again? Vice Chairman Gorc It's a contractor. That's what you're saying! Commissioner Tce.le: No. l'nt just saying -- and 1 correct? Ant I wrong'.' Is Mr. Gimenez: Net 9 is only seen in the City of Miami -- Commissioner Tcelc: That's what I'm saying. But it contractor that has Internet capability than can do\\ nload it; it could be seen in Havana, Cuba or in Peking, because that's the beauty of the Internet. That's what broadband is all about And that doesn't add anything else to the cost. So 1 mean, 1 think we're missing an opportunity. But in any event, what tilt asking is this: A committee of three people, headed by Commissioner Regalado, report back to this board oil June the 14"' with it recommendation of the approach, And it stay be one or the other. 11 may he a combination of the two. And we'll just have to wait and sec what Commissioner Regalado and the Manager recommend. Vice Chairman Gort: OK. C'ummissioner Winton: Commissioner Teele, I agree wholeheartedly. 1 think a tlu-ee-member committee is most appropriate. I'm very nervous about Armando Gutierrez. I don't know what his credentials are that makes hint -- I don't think his background is in production. I know he's very involvcd in running political races, but b don't know that he has any background in creating what we're trying to create here. And so 1 don't have a suggested alternate at all. 55 5/21(11 IZIIij�[Cf' - Commissioner Teele: I would remove his name for the purpose of having unanimity. Is there anybody does it -- Commissioner Regalado? Commissioner Winton: You got another name? We really nood -- Commissioner Teele: You know, I'll tell you one name. I'll tell you one name. And other than the fact that it's a City employee, probably -- you know, but if the Manager would not be offended by Hilda 'Tejera, I think Hilda would be an cxccllenl person. She -- that's what she's spent her whole life in. She's got a great relationship with the Mayor. She likes the Mayor a lot. She tells me that every week. And so I don't have it problem with having; Ms. Tejera. She's on detail to the CRA, but she was Antancio Suarez' executive 1br over -- what? -- 20 years, ten years? Commissioner Regalado: I worked with her. Hilda knows a lot about production and marketing. Vice Chairman (fort: 4K. 56 5/24/0) • 9 The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-496 A MOTION TO DEFER CONSIDERATION OF PROPOSED RESOLUTION TO ESTABLISH THE NET CHANNEL 9 ADVISORY BOARD TO TIIE COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 14, 2001; FURTHER APPOINTING COMMISSIONER REGALADO, ROBERT PARF.NTF. AND HILDA TEJERA AS A COMMITTEE OF THREE (HEREAFTER REFERRED TO AS " COMNl1 I-I'EL:") T'O WORK WITH THE CITY ADMINISTRATION AND TO MAKE A COMPREHENSIVE RECOMMENDATION RELATED TO PROGRAMMING ON THE CITY'S GOVERNMF.NTAI, ACCESS STATION KNOWN AS CHANNEL NET 9 AT THE MEETING OF JUNE 14"1; FURTHER REQUESTING OF TIE COMMITTF.I? "1'0 FIGURE OUT fHE TO'T'AL CURRENT PERSONNEL, COST Off' THF MEDIA RELATIONS STAFF (INCLUDING BOTH DIRECT AND INDIRECT COSTS) 1N ORDER TO RETAIN CURRENT STAFF IN ANY NEW PROPOSAL, "KHATIS PROFFERED BY A PROSPECTIVE PRIVATE SECTOR SERVICF. PROVIDER; AND FURTHER STIPULATING THAT SAID COMMITTEE IS TO MEET 1N THE SUNSHINE, AS RE..QUIRT? 11 (A) STATUS REPORT ON VIRGINIA KEY BEACH PARK TRUST; AUTHORIZE TRUST TO USE CITY SEAL. (B) TABLE: STATUS REPORT ON WATERFROI\'T ADVISORY BOARD (See 413). Fortner Commissioner Athalie Range: Good morning, Mr. Vice Mayor, 1 lonorable Commissioners. My name is Athalic Range, and I reside at 5727 Northwest 17'x' Avenue, here in the City of Miami. We were scheduled to give you an updated report on Virginia Key Beach on the prior date that we were to appear before the Commission, but it was deferred. We did leave a similar update on each of your desks. I hope you've had time to read them. This that we have brought to you this morning is simply what has transpired since thrt time. Now, this update goes back to the time of May 24"'. Well, today is May 24`x', as I see, but this update goes back to what has happened up to May. Now, all of these items are self- explanatory, and we'd be happy to attempt to answer any questiuns that you may have, rather than going over the items with you individually, because it would take quite sonic time. ll'you have any questions, it' i could answer -- Commissioner Regalado: I have a question, Commissioner. Ms. Range: Yes. Commissioner Regalado: Do you plan any public events, like, for instance, the 4"' of July, during the summer, so people can participate :and start coming back? Ms. Range: We are, yes. I'hat is one of my great concerns. We are planning, and do from time to time have events there. And we're planning whatever comes forth for the 4 b of .luly. 'there will bean event there, I believe, on Memorial I)ay, it' I'm not mistaken. You sec, Commissioner Regalado, one of the reasons we have not been able, in all good conscience, to advertise heavily is because of the facilities there. We've simply -- we've been now, the task force has been in operation for almost two years or so. We were recently, of course, named the Trust. But the unfortunate circumstance is, is that the monies which we have garnered are not yet accessible to do some of the immediate things we need to do, We cannot deny the fact that the restroom facilities are simply not fit for public use. And this is one of the very main reasons. Our other is the concession stand, where foods might be handled. If we could get something going so that we could say to the public that the restroom facilities and somewhere to store your water and other items that you'd need there, we could certainly attract far more people. But those are the circumstances, even though the public does come out, and they are interested. We've had several inquiries from fraternities, sororities, other organizations, church organizations who would like to come and enjoy the beach, even beginning this summer. BUI, of course, you know the condition of tlac beach right now. Consequently, we cannot do that. Commissioner Regalado: On these public events, like the one you had in Easter, now Memorial Day, the one planned for the 4"' of'July, this is, of course, open to the public, and everybody can attend? Ms. Range: Oh, yes, mm-hnam. Commissioner Regalado: Do they have to pay the three dollars (S3)? 59 5/24/01 Ms. Range: I believe it will have to be worked out as far as the harking is concerned. I don't know that we have worked with that patlicular committee for parking. But, of course, as you know, all of the public beaC11CS, you do have parking. We do have a gated circumstance there that has to be worked on. Commissioner Rcgalado: Yes, yeah, because what I'm saying is, and I'm sure that you would agree, the City gets the three dollars (S3) access. his. Range: Yes. Commissioner Rcgalado: But the trust doesn't tet anything for the parking -- if you were to charge parking. But if you were to charge access and parking, it %will he a burden to the people who just want to be there. Ms. Rangc: Good. 't'e'll certainly take that into consideration. And I'd defer to Gene as to far -- Gene Tinnie as to what is thte circumstances at this point, as far as parking is concerned, and how that's handled. Gene Tinnie: Thank you, Ms. Range. Gene Tinnie, 74 Northwest 51" Street, Miami. Just to speak to your point, Mr. ('011]111iSSi)ncr, as you know, the frust is brand new. And as Ms. Range said, we're only getting into operation. That is to say having the budget allocation that -was voted by the Commission actually implemented. Hopefully, this week, we will even he in the process of setting up the hank account so we can do business. At present, the special events that have happened there are pretty much beim; coordinated through Parks and Recrralion, through the usual channels. As you mentioned, this coming weekend -- and you see this on Page 3 -- the old Splash Down tradition is being renewed. And as Ms. Ranee mentioned, i believe there is another one seltc•duled ter the .duly 4°i weekend, or around .1111), -- maybe on ,duly 4"', itself. These are all being done through Parks and Recreation, through the Special P.vents, Mr. Robby Stark, who, as you know, docs an excellent job. Eventually, the Trust will be taking over that Function. And we have been approached about having the Trust be the organizers or the sponsors, if yOu will, of a jazz concert in July that might develop into an annual Virginia Key event. So we're kind of in transition on that, and a lot of those logistics will have to he worked out in terms of what events arc gated, and which ones arc simply free and open to the public, which ones +would depend on parkin; entry tees as a source of revenue, and those which -- you know, ++-here we could get, perhaps, outside corporals spc►nsorship, if you will, where therr cOuld he accessibility without, you know, burdening t1le audience 100 much. So that's where we are. I really have to reinlbrcc, though, the point that Ms. Range made, 1 mean, from our own experience and from just intuition, and from park operators that we've heard from. This restroom issue is (lie key to every park. That is what makes people return or not return, the quality of the restruonts. Amd it should be brought to your attention, us +vu brought it to the attention of Parks and Recreation that even as w'e're moving forward, there are some backwards moves happening in teens of vandalism, people who are coming by boat. 'file -- you know, the -- you guys dict refurbishing on the concession. stand. That counter that was put in place has been -- you know, some of it's been destroved, The restroom trailer has had the two air conditioning units stolen. So security is becoming an issue. We hate to see that OUT -- that all the things that all of us have been working so hard for are kind of, you know, getting into it war of attrition. So these are -- the priority of reactivating (lie - reslrooms, which really entails -- and 1 think there are sonic documents we'll he glad to give to your respective staffs. it entails engineering studies, feasibility studies, so that sever lines call be laid, because the existing septic system is no longer up to code, and certainly would not serve the increased population that we anticipate. Security, restruonts arc kind of real front end issues. And while we're at it, extending oo 5/24/01 - the motorboat exclusion zone -- 1 think it's marked with buoys, that's at the north end of the beach -- so that -- it may not prevent people from coming; to the beach by boat in an unauthorized way, but at least they'll know that they're unauthorized and subject to, you know, whatever happens. So those are some concerns that we wanted to make sure that you were apprised of. And, of course, the staff has been excellent in working with us on those. Ms. Range: I'd like to add -- Vice Chairman Gort: Thank you, Mr. Tinnie. Ms. Range: I'm sorry. Vice Chainnan Gort: I'd like to ask from the Manager, are we looking into those -- I mean, we're participating in those committee meetings, and we are part of the meetings. Are we addressing -- Carlos Gimene/ (City Manager): Yes, yes, we are. Vice Chairman Gort: OK. Are we addressing the problems and are we looking at the problems that they're experiencing right now with the bathrooms and security? Albert Ruder (Director, Parks and Recreation): )'tali. Albert Ruder, Parks Director. Myself or my assistant, Terry. It's usually "ferry who goes to all their meetings. And like they told you, they just recently became a 'frust, and we're working very closely with them together. And there's some Safe Neighborhood dollars that we could possibly access to do sonic of these things, but we want to do everything in partnership with the Tntst, and we're working together. Vice Chairman Gort: Right. Good. But we are working to -- solving; those problems. OK. Mr. Tilade: And in fairness, some of these have only come to (lie -- we've only brought these things to like Mr. Griffin's attention this week. And to answer your question, Commissioner Teele, 'ferry Griffin, we've been working with from Parks and Recreation, and Mr. John Jackson with Public Works on the, you know, scm er line issues, and how to get those feasibility studies going. Ms. Range: Gene, i simply need to say this belbre it escapes me. On a meeting on last night, we were apprised of the fact that the drills, I might call it, for lack of a better term, which are held there by the Police Department -- is that correct? -- have become a matter of concern for us. There were live shells picked up somewhere on the beach. .And, you sec, we have no way of knowing when these activities are going to take place. And if we have the beach there for the public to come in, and we happen to allow public access, and that group comes out, then we have no way of protecting them. So we do need your consideration on that. Commissioner Sanchez.: Mr. Chairman. Ms. Range, the -- Vice Chairman Gori: Commissioner Sanchez. 61 5/24/01 0 • Commissioner Sanchez: The City of Miami Police Department does use or did use that as swat training; there. Ms. Range: Yes. Commissioner Sanchez: So if we get with the coordinator of training; with the :Miami Police Department, I'm sure that either one, they could notify you when they're going to train, or after they train, they could pick up after what they train. But I personally was trained there at that -- Vice Chaimian Gort: But let me ask you a question, though. Ms. Range: 1'cs, i reah/,e that, and we're not objecting to that. Please, we'r'e not objecting to that. Nevertheless, we do need to be informed fully. Vice Chairman Gort: 1'ou have a good point, though. i've been in this type of -- in the Army. But live ammunition, I don't think there is any live ammunition being used in those -- there's no live ammunition being used. Contrmssioner Sanchez: No. The shells arc used fiir -- they use that for gas training, or they did when I went to swat school there. And they use it for hostage negotiation and stuff like that. But they usually pick Up after. Ms. Range: Unfortunately, there were sonic that were left. lurid one of Our board members made mention of the fact that whatever they picked up was live. Now, I don't know whether these were blanks, or just shells or not. Mr. Ruder: Yeah. As Commissioner Sanchci, has said, it's been used histotically by the Police Department. What we're going to du is we're going to bring the appropriate police personnel, invite them to their Trust meeting, so there could be dialogue hack and Birth, and they could -- Vice Chairman Gort: !lake sure that there's information taking place, and we have to make sure that there's no -- and I'm sure there's no live ammunition being used. Ms. Range, I want you to kilo", although you've heen -- Ms. Range: 1 apologize if that disturbed you. But 1 still say, would you help me out there'? When the report was made -- who was it? -- Bob, who said that there was something; live, blanks or something. Mr. Tinnic: Right. Now -- right. As I'm understanding it, it's blanks that are used. i mean, not live rounds that could do damage, but there are slicll casings, And I imagine that there are some that have not been. you know, duly fired. I mean I -- you know, if somebody were to throw one into a barbecue pit or something;, I mean. Vice Chairman Gort: They could be very dangerous, yes. Mr. Tinnic: I mean, in other words, they could be a source of danger. And then we should also -- again, all the shells, all the shooting that goes on is not by the police. I mean, there's just vandalism going on out cit 6XIMEE 5/24/01 E • there. Those of you who have been out there, and you see the concession stand pockmarked with bullet holes and so forth, that, we don't think is from police training, but it does say that, you know, there's a situation that we do need to be aware of and start looking at those security issues. Commissioner Winton: Mr. Chairman. Vice Chainnan Gort: Commissioner Winton. Commissioner Winton: I'm assuming, then, that staff is working on a series of recommendations relative to the issues, theca, that will come before us at sonic point in the near future; is that correct'? Mr. Ruder: Yeah. I mean, staff and the'lrust are working together. And -- Commissioner Winton: So when you all collie up with -- But jointly, you'll be bringing us recommendations, as opposed to just laying the problem on us. You're going to bring a recommendation in terms of what you want us to do. Vice Charman Gort: Solutions to the problem. Mr. Ruder: Yes. Yeah. yeah. Commissioner Winton: 'Thank you. Vice Chainnan Gort: Commissioner. Commissioner Teele: Mr. Chairman. Vice C'hairnian Gort: Yes, sir. Commissioner Regalado: Just one second. I've got to excuse myself. But 1, you know, I support, always, do. But I still have two items that 1 would like to defer for the afternoon. Vice Cliairntan Gort: No problem. We'll bring them back as soon as ,you conic back. Commissioner Regalado: Thank you. Note for the Record: Commissioner Regalado exited the Commission chamber at 11:45 a.m. Commissioner Tecle: Mr. Chairman. Vice Chairman Gort: Commissioner Teele. Commissioner 'l'ecle: Mr. Chairman, let me again express my appreciation, both to the Virginia Key Beach Nark Trust and the management. And I was -- I'm really encouraged to hear the positive things about City staff. I heard, I think, three names positively -- Albert Ruder, Terry Griffin and John -- 63 KRIZEM 5/24/01 Mr. Tinnic: And John Jackson. Commissioncr Tccle: John Jackson. Mr. 'Tinnic: And let's not forget Bobby Stark in Special Events. Commissioner Teele: And Botly Stark. I apologize. Bobby Stark was the most prominent name that you mentioned. That was the first name. And i assume Mr. Stark is a Parks stuff person? Mr. Tinnie: IIe handles Special Events. Commissioner Tecle: Specifically, what kind -- Mr. Attorney, specifically, what kind of support are you all getting, from the Office ofthe City Clerk and the Office of the City Attorney? Joel Maxwell (Assistant City Attorney): Erica WTi Jit, Assistant City Attorney attends all meetings. The City Clerk can advise you of his participation. Commisstonct- Tecle: No, no, I'm asking Mr. Tinnic. Mr. Maxwell: Oh, I'm sorry. i thought the question was directed to me. Mr. Tinnic: Oh. I can reiterate that, right. We have the City Attorney's Office, usually Erica at all of our meetings. She's been helping its with everything from parliamentary procedure, when necessary. We just finally, I think, came to an approval of operating by-laws, and she was very helpful in making sure that what we wrote squared with -- Commissiotier Tecle: All right. OK. Thank you. We're going, to run out of time. And the City Clerk's Office, have they been attending your meetings? Ms. Range: Yes, very definitely. They are there at all meetings, and they record our minutes, yes. Commissioner Teele: They do record the minutes properly? Ms. Range: Yes. Commissioner Tecle: OK. `!'hank you. Let me just bo to two or three quick points, because Commissioncr Winton put -- you know, betting these reports is nice and all that, but, you know, we have to also be responsible for ensuring that things move. And what 1 don't want to do is reach a point where there's things happening that aren't happening, and then there's a frustration. So we'd like to try to deal with the problems that aren't moving as quickly now, before anybody gets frustrated. I see three things occurring here. First, Mr. Chairman, this piece of real estate in this process is really a compliment. I think, to the City, to the Mayor, to the management and to all of us in having the foresight to go ahead and du it, and empower them to make recommendations, and to go out and get money. i think it should be very clear that Commissioner Barbara Carcy Shuler has taken a courageous and lirst stop in seeking five million dollars (S.5,00II,000) of Cin dollars. And, you know, we're always complaining -- and I'm sorry 64 5/24101 't _ Commissioner Regalado is gone -- we're always complaining about file lack ol'C: DT dollars. But the fact of the matter is only County Commissioners can allocate it. Fach of us have at least one County Commissioner in our districts. And part of the problem is that we're not doing our jnh, or we're not betting our colleagues on the County Commission to do their job. Having said that, however, I do want to take note of the fact that Mayor Penelas and the entire community is concerned about the allocation of these dollars, because what the County committed to do when they went to the -- on the Marlins Stadium was to get an agreement that nubody WOUld come forth and request dollars. The only dollar's that have been requested are by Commissioner Carey. And I think she's done the right thing, and I support her. f3ut I also Want you to know there's another side to this equation. And 1 can tell you this: As far as I'm concerned, if them: is a move• to take away the live million dollars (SS,000,000) and give it to some other projects in the City of h4iami -- and there very well could be, as they talk about it master plan, as opl,osed to a series of pro.iccts -- then I'm going to be in a position to support this CoimmsSion, lndcmmfying and guaranteeing that tivc million dollars ($5,000,000). So I don't think -- Commissioner Range, there is no scenario that at least three Commissioners on this dais will not indemnify that live million dollars ($5,000,000), if' fur suntc reason, you ktiLm, that they conic up with a master plan that doesn't involve these five million dollars ($5,000.000), and a part of that master plan includes it substantial amount cit' those dollars > oing to the City of' Miami. What 1 don't Nv:utt anybody to do is h ind up playing off the north end of the City against the south end, or Some things, and that is a great potential. Su we support Commissioner Carey. And l really would like to yield to Commissioner Winton and Commissioner Cort, who 1 know are involved in sonic of these DDA (Downtown DCVClopnlent Authority) master plan, downtown, Bayfront Trust. Bicentennial Park kinds of issues, in Which tlrcre are hufc rcqucsts for sixty, eighty million dollars (550,000,000) of money for the downtown arca in the City that they may be aware of, and if these dollars get lost, that they. Commissioner Winton, Commi4sloner Gort, Commissioner Sanchez will work mvith me to indemnify the 1 rust by using other City dollars to support that. And Commissioner Winton, 1 think you -- Commissioner Winton: I think Virginia Key rs one of'the -- it play he tile most magnificent asset in all of Florida, never mind the City of Miami. And so i can't think -- This five million dollars ($5,000,000) needs to stay there. i mean, if that's your question, Commissioner• Teele. I don't know of any master plan that's being worked on, by the way. But if there is, anis it master plan left this out, then it's not a very good master plan. So this is a no-hrainer for me. Commissioner Teele: Well, 1 don't -- all that I -- I don't want to criticize, you Imow, what the Marlins may be doing, or the culture cumnlunity may be doing, or what any number of other groups are all out there trying to do. Bill there ain't enough money to go around. Anti what I'm saying is, at (Cast this Commission is going to work to ensure that the five million dollars ($5,000,000) that is identified Isere, even if it goes sontewltere else, as long as it goes in the City of Miami that we're going to indenntify and protect these five million dollars ($5,000,000). Is that a fair statement, Commissioner Winton? Commissioner Winton: Absolutely, absolutely. Comtuissioner Teele: Commissioner Gon, could you -- Vice Chairman Dort: i don't have any problem with that, and echo Commissioner Winton's opinion. Virginia Beach can be a great tourist attraction, an additional amenity that we need to keep the people in the hotels within the City of Miami and downtown Miami. 65 5/24,'01 • Commissioner Tecle: Commissioner Sanchez -- Vice Chairman Gort: So 1 don't have any problem with that. I never heard of any commitment from the County to any master plan. Commissioner Teele: OK. Well, let nlc just go to the two issues that are important. Congresswoman Meek is personally geared up about this project. 1 mean, this is like at the top of her -- top of her list --1br obvious reasons. The same reason Commissioner Winton, and Commissioner Gori, Commissioner Sanchez had all said, this is a great project. 1 think we need to he geared up. And through ivlarva Wiley's shop, and we need to plug Marva or whoever is doing our congressional -- we don't bet a disconnect here. because there's going to be a lot of congressional interest in this project. At the sante time -- and finding. At the same time, we've got an operational challenge that we need to deal with from the long-term challenge. And Mr. 'Vanager, what 1 would like to do is ask respectfully if the Parks Director and the Public Works Director through you -- I mean if you through those departments would report back at the next meeting on a short-term -- I don't want to use the word, "emergency," but immediate plan to ensure an operationalization, sonic type of operational -- operationalizing this park for fhc remainder of the summer. In oilier words, budget, actions, what needs -- what docs it need to take that the City is responsible Imp, because not putting a timetable. Summer will be over before we get around to doing it. I'd like to stake sure: that we at least try, if that's a fair request to you, Nir. Manager, just to look at what does it take to get it opened up, and even if we're dealing with portable johns, and this, that and the other. Lei's have a plan, let's agree on it, let's fund it ncYt week, so that on the 4`1' of.luly, everything is flowing, or whenever it is. is that fair, Mr. Manager? Carlos Gimenez (City Manager): That's fine. Portahlc johns. But then portable Johns is really what you're looking at. The only way to open up the facilities that are there, are that we're going to have to run a sewer linea significant distance, at a significant cost. Commissioner Tecle: Well, I'm going to -- Mr. Gimencz: Well be able to do that before the summer. We'll have to do it with portable johns. Commissioner 7 Bele: I'm going to tell you something. That's the last issue 1 want to talk about. When the County -- the City trunsferred water and sewer, we transferred it with certain agreements. Nobody's reading these agreements. The Counly Water and Sewer Department has the responsibility for hooking this up. I challenge that mx have that responsibility under that agreement. And this -- and, you know, it's even worse, because this is a septic tank. This is the vestige of a separate but equal era. Mr. Gimenez: We will follow -- Commissioner Teele: And I'm telling you, you know. we are not going to pay to hook that up. This is a County responsibility. They nm the Water and Sewer Department. This is a septic tank -- OK? -- which should have becll oullawcd along with Jim Crow in the urban environment, turd file fact of the matter is I'd be willing to bet you that we've never made a request or demand for them to conic in and do their work. Mr. Onlenez: We'll follow up Oil it. "el 66 5i24/01 Commissioner Teele: So I think -- and again, I think Commissioner Carey could be particularly helpful, because they -- the Water and Sewer Department works for her. There -- this should be done as a pats of the operational plan for which you all pay the taxes. Everybody who gets water and sewer and gets a bill, you pay for it. And it should he a part of the operational plan of Water and Sewer. This is something that they are responsible for as a part of their base agreement. And so it's the kind of thing. I've got to tell you, that if this organization wants to file a lawsuit under the old separate but equal and the fact of lack of access, because, I tell you, this is a textbook case of how one community got treated one way and another community got treated the other way. i'll sponsor the resolution authorizing you all to file a lawsuit, in your own name, in the pante of the Trust to demand water and sewer he provided there. This is a fundamental right of citizenship in America, and no one should have to pay for it. Vice Chainnan Goat: OIC. Thank you, tits. Range and Mr. Tinnic, for your report, and we'll he working with you. Mr. Tinnie: OK. Thank you. Just with your indulgence, Commissioner, I just want to share with you that through Congressman Meek's office, we've acquired a whole national archives file on Virginia Key, just to -- and we're slowly building up our artifacts for the museum. We have a copy of the original Look Magazine article from 1959 on The Negro in Florida that has Virginia Key Beach prominently featured. So we're building up our history, and public awareness, and all that. And the last thing I want to say is that this report recognises a lot of individuals and groups that came forth, hilt I think we really wanted to go on record, and we talked about this, as recognizing you, Commissioners, and particularly you, Commissioner Tccic, for just a bedrock role that made all this possible. So, you know, we're not being kind or polite. It's just fact, and we wanted to acknowledge it. Commissioner 'reel e: To the point, l would move that the Trust be authorized to use on all of its literature the seal of the great City of Miami, and the other designations associated with the City of Miami. I would so move. Commissioner Sanchez: Second. Commissioner Winton: Second. Vice Chairman Gort: There's a motion and a second. tieing no discussion, all in favor, slate it by saying "aye." The Commission (Collectively): Aye. 07 IIRIliEL1 5/24/01 • • The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-497 A MOTION AUTHORIZING THE VIRGINIA KEY BEACH PARK TRUST TO USE THE; CI'T'Y OF MIAMI SEAL Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Tcele, Jr. Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Tomas Regalado Commissioner Teele: It's a Coconut Palm. by the way. Vice Chairman Gort: And 1 extend my congratulations to you. 1 don't think there's any other trust or organization that in a year has accomplished what you all have accomplished. So we're very proud of the work you're doing. Thank ,you. '.Ms. Range: Thank you. Thank you so very much fbr your indulgence. 'Thank you. Commissioner Winton: Commissioner, Mr. Chainnan, I know we're going to break now. Robert Parente is also one who is going to give a public -- He was here at the last Commission meeting -- Vice Chairman Gort: Right. Commissioner Winton: -- from the minute it started until the minute we left at 11 p.m., and never got to make his report. So I would like to get Mr. Parente on -- Vice Chairman Gort: You're welcome to do so. Commissioner Winton: How long is your report, Robert? Robert Parente: About an hour. No. 1 would, out of respect for the two members of my board who were appointed by Commissioner Regalado -- Vice Chainnan Gort: And you are? 68 5/24/01 Mr. Parente: Robert Parente, Chairman of ft W t Advisory BaaM. � < , 4, .a Vice Chairntan�Gow- Thankyuu,,Sir Mr. Parente: I don't mind waiting till, 3 whenyou come back if first; mdaris twb+�c' r� Yp ;�� Y4iir �Ki t-WM1 Commissioner Winton: Yeah. And that's my recommendation. �` 3 •& � T Vice Chairman Gort: You will be number one.,�,,"k t Mr. Parente: Well, if at a o'clock when you Commissioner Saa.z• o`cia¢k� Robot,'u g t 'i'c 7m,'i1 , y+ t t Vz 41 s � i f 1r;1 A r t } S A.r 1/24/01 s 9 • 12. ^ APPROVE TRANSFER OF OWNERSHIP FOR DOWNTOWN TOWING FROM RACHEL DE LA ROSA; MANAGER TO SCHEDULE PUBLIC HEARING IN CONNECTION WITH AFOREMENTIONED ISSUE AT C'OMMISSiON MGL'TING SCHEDULED FOR JUNE 14, 2001. Vice Chairman Gort: We still have a couple ofitems front the Commissioners' items. Conitnissioncr'frele: Nit'. C'hairnian. 'ice Chairman Gon: Yes, sir. Commissioner Teele: 1 would like,, to talo up one item. I understand front the Attorney that Commissioner Sanchez also has.in interest in this item. Commissioner Winton: Commissioner Tcele, one second here. I want to understand that when it comes hack at 3, we'll do him and then we'll finish the Commission items. OK, thank you. Commissioner Tcelc: Downtown Towing. Downtown. Nlr. Parente: OK. Thank you, Commissioners. Commissioner "feeler Mr. Chairman, due to a very -- Mr. Attorney, duc to a very unfortunate situation, we are confronted with the request from an attonicy for the transfer of the ownership in Downtown 'Io%%ing Company. 'l lie current owner, Nis. Rachel de la Rosa is under -- is under medical attention on it day-to-day basis. It is Iyer wish that the license or the ownership, which is 100 percent, be transferred to her daughter, Dagmar de la Rosa, wlto has been managing it on it day-to-day basis. The cmitract that they have requires -- with the City requires that any transfer of more than five percent be approved by the (7ommission. Obviousl)', Ms. de la Rosa, who we see here from time to time is obviously the day-to-day manager, along with her husband and others that work there. It's in my district. I'm very proud of the tact that -- I assume it's in my district. It may be in Commissioner Winton's district. it's on Miami Avenue. C'onttnissioner "'intoe: You and I share so much territory, it's in our district. Commissioner Tcele: It's in slur district. But the fact is, is that one of the things that is required is that the assigtunent be approved by the Commission. And so I am asking -- Commissioner Winton: Second the motion. Commissioner feeler -- that we approve this assignment, subject to the tetras: One, that all and any additional requirements of the contract, and two, a written assignment satisfactory to the City Attorney; and three, any additional requirements to be ntet by the assignor, pursuant to the contract and Chapter 42 of Article 5 of the City Code are hereby approved, further subject to the favorable consideration by the Commission at a publicly advertised meeting to be held on June the 28`x'. Because you're not going to be hese file the next meeting, right? Dagntar de la Rosa: I can lie here for .tune 14"', yes. 70 5-24/01 .r :: • • 9 The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-498 A MOTION AUTHORIZING AND APPROVING TI I ETRANSFER OF OWNERSHIP OF DOWNTOWN TOWING FROM RACHEL DE LA ROSA TO DAGMAR DF LA ROSA SUBJECT TO: (1) ANY AND ALL ADDITIONAL REQUIREMENTS OF THE CONTRACT; (2) A WRITTI?N ASSIGNMENT SATISFACTORY TO TIIE CITY ATTORNEY; AND (3) ANY ADDITIONAL, REQI:IREMENTS TO BE MET BY THE ASSIGNOR PURSUANTTO THE CONTRACT AND CHAPTER 42, ARTICLE V OF THE CITY CODE; FURTHER DIRECTING THE CITY MANAGER TO SCHEDULE A PUBLIC HEARING IN CONNECTION WITH THE AFOREMENTIONED ISSUE, ATTHE COMMISSION MEETING SCHEDULED FOR JUNE l 4, 2001. Upon being seconded by Commissioner Winton, the motion was parsed and adopted by the following vote: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Teelo, Jr. Commissioner Joluuty Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Tomas Regalado Vice Chainnan Gori: Come back at 3 o'clock'? Commissioner Sanchez: 3 is fine. Vice Chaimian Gort: We'11 take up your item. Commissioner Tecle: Mr. Chairman, Pin going to be at the MPO (Metropolitan Planning (Organization) at 2. and I'll give you a list of things that I would ask not be taken up. But otherwise, 3 o'clock, yes. Vice Chainnan Gort: Sure. Okic-doke. Thank you. 72 5/24/01 0 9 ^l3 'BR 91` 'COMMENTS RRGARDING RESCHEDULING: 'JUNE, 20, 2001 '`G WISSION '„TING (S.00 #6 and #3�.) Vice Chairman Gort: If you'd look at the meeting on the 28'',1 need to change that meeting, because I'm going to be out of town on that day. Maybe we can have it on the 21". So could you please check your calendars? THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:02 P.M. AND RECONVENED AT 3:03 P.M.. WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPTING COMMISSIONER TEELE, FOUND TO BE PRESENT. 73 5/24/01 14. STATUS REPORT ON WATERFRONT ADVISORY BOARD (See #11). —.—J Vice Chainnan Goat: We requested that as soon as 3 o'clock came around, we'd give a time certain to Bob Parente. As soon as he finishes, we'll go into your items and my items. OK? Mr. Parente. Where is Bob? Commissioner Winton: Ile was out there just a second ago, because 1 just saw him. There he is right there. You'rc up. Robert Parente: Oh, goocly. Where's my Commissioner? Could somebody wake up Commissioner Sanchez'? Vice Chairman Dort: There he is. Mr. Parente: Joe. OK. Ili. I'm Robcrt Parente. i represent the City of Miami as Chairman of the Waterfront Advisory Board. Thank you for allowing us this opportunity today to address you. Pursuant to City of Miami Code Section 2-890, the City Clerk, in asking us to publish an annual report, asked the following questions. Among them: Is the board serving the putliose for which it was created? Does the board serve the current community needs'? And what arc the accomplishments of your board? Well, let nic tell you. The Waterfront Advisory Board is responsible for reviewing and evaluating issues related to the use and development of City -owned waterfront property, providing advice to you, our City Commission, concerning such issues. In essence, we are your legislative aides when it comes to issues regarding the City waterfront. We are the bridge between public input and your office. Let me highlight key areas of the board's involvements in the last year. Virginia Key. The Waterfront Advisory Board was instrumental in the creation of the Virginia Key Task force, which, in fact. was a subcommittee of the Waterfront Advisory Board. Today, the Virginia Ivey Task Force has evolved into what we now know as the Virginia Key Park ,Management Trust. Members of the Waterfront Advisory Board are currently now exploring; and conducting background research and conversations with the public on the Marine Stadium site, so that we can be prepared to help you in guiding your decisions in the future development of that property. Bicentennial Park. The Waterti-ont Advisory Board, over a year ago, was the first City board to meet with representatives of the Florida Marlins, and we were the lust to tell them no to Bicentennial Park. Yet, we strongly urged them to continue to look downtown. Think of all the time they would have saved if they had just listened to us over a year ,igo. Dinner Key. 1n addition to our regular meetings, the Waterfront Advisory Board has held two special workshops meeting on the redevelopment of Dinner Key. We hope to serve in the Future as it catalyst for it series of workshops -- what we call "a la the Bicentennial Park process" -- to look at Dinner Key's future. hhc Waterfront Advisory Board has gone on record as strongly urging the execution ol'a master development plan for tite entire Coconut Grove waterfront, from Kennedy Park all the way down to Peacock Park. Specifically, at Dinner Key Marina, which we consider to be one of the jewels of the marinas on the cast coast, we've addressed such issues as dredging. The marina has not been dredged for over 20 years, and it's an issue that's coming to a head and must he addressed, and the anchorage. In fact, we've created a separate subconttniticc comprised of all segments of the cotnnntnity to study the anchorage and help bring it into the 21"t Century. We have involvement at Lill levels -- State. of Florida. Dade County DERM (Depatintent of Environmental Resource Vfanagcment), Florida fish and Wildlife, Conservation Commission, and other municipalities. in fact, this connnittee has even gone on field trips -- most recently, one to Boca Chica Marina in the Keys -- at no cost to the City. Again. most recently, our Anchorage C'otimittee hosted the City Manager, his key staff, the Chief 74 5/24/0 1 �I1 of Police and his staff on a tour of the anchorage area, which i can firmly tell you that they found to be quite an eye opener. The Seminole Docks. The Wateriront Advisory Board urged the City to undertake a redesign in construction of this very old but prominent public host ramp. I'm proud to say the rededication ceremony for that facility is next week. Watson island. Our board has worked very closely with City staff on crafting an RFP (Request for Proposals) for a mega yacht marina on Watson Island, holding, in addition to our regular meetings, two additional special workshops for the public, with staff and the public to create what we feel is in exciting and progressive RFP. We also continue to monitor the aviation and visitors center, the children's rnuseunl and Parrot Jungle. Through motions, our Waterfront Board has caned upon this Commission to try to keep the last open parcel of land on Watson Island open, and we continue to urge you to do so. City ]cases. We, on an ongoing hasis, serve as your reviewers, if' you will, of City ]cases on any waterfront property. And the Waterfront Advisory Board has also held joint meetings with the Parks Advisory Board. We have one coming up in a couple weeks. And the board works eery closely with the City of Mianu Marine Patrol, Florida Fish and Wildlifc, tilem Department of Real Estate and Economic Development, the I'lanning Department, and last, but not least, the City Manager's Office. And we'd like to take: it moment to say to the City staff that we understand what it's like to be a professional staff and have peop',e, pesky people staring over your shoulder all the time and watching what you do. And in the private sector, that doesn't happen. And in the public, it's part of doing, the people's business. But we appreciate the fact that they allow us to kind of oversee what they ilu, and do the people's business % ith them, in the open. Arid before i conclude, I'd like to thank that staff who worked with us, especially City Managers Dena Bianchino, Frank Rollason; Public hslcilities Director, Christina Abrams and ow- hard working and incredible City liaison, Yvonne Page. Commissioners, when you get the final written report, you'll see a list of mOh011s we made that gives you an idea of the kind of work we do for you. I'd like to please call upon you to call oil your appointees to our hoard to be your legislative aides, be your eyes and cars, and we will, in tum, continue to serve as a bridge between you and the public. 1 hank you. Any questions? Vice Chairman Gort: Thank yuu, sir. I have a question, but it's not really addressed to ,you. It's addressed to staff. It has to do with the Seminole Boat Ramp. My understanding is there -- and I received several letters and complaints. We have eliminated quilt a few parking* facilities. And at the same time, my understanding is people are going to be charged eight dollars ($S) every time their boat is -- Frank Rollason (Assistant City Manager): f=rank Rollason, Assistant City Manager. There is it -- We're negotiating with DOSP (Department of Off -Street Parking) now to run that lot, and it's eight dollars ($S) for 24 hours. And they are also -- I don't know if Art Noriega is here or, not, but they're also looking at now a weekly pass or something, that he's looking at to -- Vice Chairman Gort: I'd like to set: residents of the City of Miami be given the opportunity to it yearly pass, because when you tall: about eight dollars ($S) for 24 hours, and there's not enough space in there, and I think the residents of the City of Miami should receive some additional benefits. Mr. Rollason: All right. I will pass that ori to him. Vice Chairman Gorl: So i would love for you to pass that on, please. Mr, Rollason: 1 will do that. 75 5124/01 Vice Chairman Gott: ' bank you. Bob. i appreciate it. Any ymtions of Mr. eam+onto? 4 ' ` Commissioner Sanchez: Mr. Parente, thank you'for heiag'my eyes and ears, pmt. s Mr. Parente; You're welcome, sir. i4iy plltms. Vice Chairman Mort: Thank you, row. i gv k �5.k 4f h �; tJ <..'�� �.,� ���.�*z �fis,,,�f ��'� �;ir*.� rY � ��k � ,r.R,•'`,` ` ,��y ;,> ,����a'. ". `q;.. ;� �i y�,rt� " AZ NAM fir;• i � � zYC :/' s a, 1 h ra`'H:l°t �tG S 110 � � t . x q ej xV, � Y, r , �51 � s. J � d' x�+� 'j r# W �>'� v az � � t ,� £�, d1•d . y �tJ a ,'�,''kt s � `�£'+%d"'4u�'.� "` ` � r,� r? �t�� �A J�,x � xi"" i��"�� 'vl., ri'�i i� `} #0 4 r i. 'N" 15. DISCUSSION CONCERNFNG CONTRACT NEGOTIATIONS WiTII UNION ORGANIZATIONS WHO REPRESENT CITY EMPLOYEES. Vice Chainlian God: OK. We'll go to the Commissioners' items. Conunissioncr Regalado, you have one item left. Commissioner Regalado: Thank you, Mr. Chairman. i want to try to understand something about the City contracts, and the time lines of the City contracts. I understand that Solid Waste is the agency or the union that did not have a contract for several months. And now, they are, i guess, talking, to you in the administration about a contract. first, on Solid Waste. What is going on" Sue Weller (Labor Relations Officer): Suc Weller', Labor Relation. Officer. Commissioner, back in November 2000, the Public Fmployee Relaticus Commission certified a new union, which is what we call right now AF'SCMF: (American Federation of Slate, County anti Municipal Employees) Local 71) -- I'm sorry -- AFSC'MF Council 79, In February I4`r', in ]act, we received a letter from the union at that point in tinge indicating; that they wanted to enter negotiations. rind in March, we actually exchanged proposals with the union. llowever, alter looking at the union proposals, we found problems in those proposals and notified them. They then re -submitted the proposals to us oil '`larch 20"i. with the exception of two proposals that they still needed Io present to us. 'They did not get those proposals to us until April 10'r'. On Nlay -- and on the 11"', we contacted them and we set up negotiations willr diem for June 7"'. And, in last, their president had health problems, and they were waiting on Fin►, as well, before we could set up negotiations. But necotiations are scheduled with him on .lune 7"1 . Commissioner Reg;alado: OK. What is the status of the Police, Fire and civil employces' contracts`.' \•Is. Weller: OK. With the lire fighters, we exchanged proposals with them on play 1", and negotiations are scheduled tier \lay 29"'. With the police, we exchanged proposals with theist on May 8''', and negotiations are scheduled for June G':'. Witli AFSCMf, general enlployccs, the union submitted proposals on May 1". The City will submit their proposals to them on May 31", and then we will set up negotiations Cor them. We are in line with the lahor contract as lar as negotiations go and the time line. Commissioner Itegalado: So do you expect to have the contracts ready belore [lie budget process in September, all of the contracts? Ms. Wheeler: It would cerlirinly be our intent to complete negotiations by then. Carlos Gimenez (City Manager): However, we can't guarantee Thal. This is a negotiation. It takes two to, you know, to conte to an agreement. So we certainly will try to expedite its much as we can, but, you know, it depends. We may have all the good intentions in the world. I can't speak for- the other side. Commissioner Reg;alado: So ifwe go to the budget process and we don't have contracts with the different unions, if we were to give them something of what they want, that will alter the budgget for next year. Or arc we going to decide to leave the -- even if the contract is approved, as it is during the whole budget year? 77 5/24/01 0 Ms. Weller: You would have to -- as I know it, you would have to re -adjust the budget. You would ratify the contracts and then you'd have to re -adjust the budget. Commissioner Sancho: You nlmlify it. Commissioner Regalado: 5o we re-adjusl the budget. Mr. Gimenez: YOU would do a hudgci amendment. If there was budgetary impact due to the Imal outcome of the negotiations, I'm sure you would -- we would conic back to you with a budget amendment to amend the budget. Commissioner RcLalado: And what is your ideas of the economic impact ol'the contracts:' Ms. Weller: Commissioner, we have not been able to finish analyzing the contracts that we've received yet. Commissioner Regalado: So when we tic) the budget process, we don't knot huw many millions of dollars we may have to hay ifwe decide to approve some of the contracts. Mr. Gimenez: When we conic back to you with whatever proposed settlement of'ach issue, each union comes back to the Commission, we will give you a full accounting, of exactly wha: the budgetary impact of that is. For the five-year plan, there is always an assumption of it two perccnt increase each one of those years. If it's above that, then, you know, we'll come hack to you and tel: you that this -- the budgetary impact of this, above and heyond what the approved budget was is "N" number of dollars. l lopef illy, we can get it done before the budget. But again, I mean, it's sonicthing that we can't guarantee Commissioner Regalado: So we cannot guarantee the people of Miami that they're Luing to have a certain reduction in fees and taxes, or a balanced budget, because we don't know if we are going to exceed the two permit that is placed on the five-year plan; is that correct? \9r. Gimenez: We don't know what the final outcome of those negotiations will hc. The administration may, say, come to you with a proposal which is below what you all will approve m the end. In the aid, it's the Commission that approves all the contracts. We just recommend the contract to you and say, this is what we have conic to an agreement on, or this is whirl we recommend. And then the Commission says yes or no to that, and approves it or does not approve it. Commissioner Sanchez: Could I just elaborate, NAr, Chairman? If I may, just very brief, very, very brief. Vice Chairman Cort: C)I:. Very brief. We haven't gotten into the agenda yet, but that's title. Commissioner Sanchez: The process is not a very simple process. And I speal, from experience, when was the Vice President of PBA (Police Benevolent Association). This is a process that could go on for a long time, that could possibly go into impasse, and special master. The process is a very complicated process. But I could sec the point that Commissioner Regalado may he getting tc, whether it's going to have an impact in the budget. Of course, it's going to have an impact in the hudi'm and that's a concern 78 5/24/01 alaifficasa 0 • to ns. But one of the things chit 1 just want to bring out. and Mr. City Manager, you were there with me and those of us who traveled to New York when we visited S&P (Standard and Poore's) and Mloody's. And the number one question that they asked right off the hat was: You have contruct negotiations with all five unions this year. What do you intend to d►►? That was the first question that both agencies asked us as soon as we sat down. And the process itself could go on forever. It's a very frustrating, complicated process. But once again, you know, the City has gone through it many. many years, and we'll get over it. But it's not going to be easy, I could guarantee you that much. Mr. Gimencr Contmis�ioner, as an example, i'll give you what happened at Metro-Dadc, just this past year. The fire fighters' contract went well into -- probably nine months or so after the contract had — actually expired. The County Manager recommended a rate, and the County Commission, you know, exceeded that rale by it significant amount. So. 1 mean, it's a very complicated process. Both sides have to agree, and when there's disagreement, it really extends that process for a long time. There's different. steps in that entire process. Commissioner Regalado: So you don't think than by the November election, we are going to have the contracts'' Mr. Gimenex: 1 didn't say that. My first stat.nncnt was that we were going to try to expedite this as much as possible. Ilowever, 1 can't guarantee it, hccause there's two sides to this equation. And if it was just up to me, you know, wo'd tet it done as quickly as we can. Wit there's another side to this, which is the unions, and they have to agree. In the end, we havo to, ,you know, have an agreement. And sometimes, you can't gel to an agreement, because you dust -- you agree to disagree, and then there's a process that you follow afar that, after you get to that point. I'm going to try to expedite and try to reach an agreement — with all four unions as soon as we can. And the best thing to do is to have it before the budget process. That way, we know what the budgetary effect is going to be. But I cannot guarantee that. Commissioner Regalado: .lust one last thing. Su just to be clear, if we were not to agree, the employees will get two percent? Ms. Weller: No. Commissioner Regalado: No. Mr. Gime11e7: As far as I know That the -- if it goes past, you know, the time or the contract expires, normally what happens -- please correct me if I'm wrong -- is there is an extension ofthat contract. Ms. Weller: Yes. We'd go into a status quo contract, although there would he no across the hoard increases, because those across the board increases that are in that contract that has been extended have already been given. that were specified in that contract. Vice Chairman Gort: Any other questions? Contmissionrr Regalado: I don't have any other questions, but 1 would just keep asking about this, because I think it's important that the people of Miami know, as we approach the budget process, what 79 5/24/01 :tm>fi[a� r iCi1�# dfalt fACty�tyl0 Lli#iO118j�8tja0 �f Oittg W � h�V� tl bit�t , 0 �tbi ai�MM 121111�l011 : a 4x a C c ry i 3 t rqr j i X' a. �. t 7:•f t �r^�+•�i•9, ,�y 3�y t"�tw�,� � '�' n i r'Y r M S� `*��. i Kyd• �- a rcy I ,5 c9t.3 +'u% "p �� a , �J a 'U�'.N,. ,� t T'p;^" {'s v,.r°s°•r:z.i�. t~.. 3 � � r� NY e �^+ JET ■ F ''+�r''7ih't,rs`,,` �. §� � t' r ,y t � t t x4 ,,.af �,.'�cR r� ;•+ t�.. � ^s �:.� rs'; ltiz ,,, %" a x �3� tE ✓ yt' 4 { i �.a a ^�{ fib.. 'u Sa` ac .: '�—M— 16. ROMULO DUE^:AS OF FEDERATION OF PRIVATE INSTITUTIONS FOR ATTENTION OF CHILDREN, YOUTH AND FAMILY (JAPAN), NON-PROFIT ORGANIZATION FROM CARACAS, VENEZUELA ADDRESSED THE COMMISSION CONCERNING DONATIONS OF SURPLUS VEHICLES FOR VENEZUELAN BASED ORGANIZATION, COMMISSiONER JOE SANCHEZ STATED THE NEED '1'O ASSIST LOCAL ORGANiZATIONS BEFORE DONATING TO FOREIGN COliNTRiES (Sec #4). Vice C'hainnan Gort: OR. is there env other stents to conte'' Conunissioncr Sanchez: If I can just -- Vice C'hainttan Dort: Wait, excuse me. \Vere you finished. Commissioner Regalado? Commissioner Regalado: Yes. Vice Chairman Ciort: OK. Commissioner Sanchez. Commissioner Sanchez: Thant: Chairman. As I stated before, I had to table tilt item till the individual arrived front Venezuela. This individual came to my office some time ago and asked to he allowed, or asked for an appearance in front of the Commission, and I put him on the agenda. I believe the gentleman is asking sur surplus donated to Venezuela. an organization based in Vcncr.,tcla. I asked Ilim to collie in front of this Commission and explain his cause. I'm sure there's a lot of'questions. 1 think he needs to -- sir, you need to come up and state yuur mune, your address and state what type of assistance. And I really want to know more about your organization, because we didn't have a lot of titre to discuss the problem. You did ask for an appe,+rance, and i think that everyone is entitled to an appearance. So you have the floor. Ronlulo i)uenas: Nly name is Ronttilo Dumas. I'm from Venezuela. 1 represent three organizations that have been working oil humanitarian relief efforts since 1999, due to the landslides and floods. I thank you very much for giving me the oppoilLill ity to address your committee, and especially to Commissioner Sanchez. \Fell, actually, I do have some slides to show. 1 don't know if I'll have time to show them, or you want nle to just go ahead and explain:' \Vc sent a letter to Commissioner Sanchez requesting your support with vellicles, so we can keel) working on relieving the harsh situations in VC11CZUela, clue to those critical situations ill 1919, December. As ,you may remember, there were over 60,000 people dead due to the landslides and the floods. Tile developmcnt is doing a pretty good job on that, but many private organizations ars' complementing the work. We are three of than. Alicf ].just took the opportunity that 1 w•as able to come and to present it to you. The other two organizations did not have the time or the resources to come. Actually, we are asking your support oil vehicles. We're talking about trucks, flour - by -fours, and pickups.. and if possihlc, vans. 'I here were about 600,000 dislocated people, with post- trauma. Post -critical situation traunia. And people from all over the world is helping Venezuela, but transportation is very critical. \Vere talking about medics, psychiatlisls, psychologists. And, you know, they need vans to move about. The organization, which is working that area, is called "FIPAN," which is the Fcdrration of Privatc Institutions foi' till Assistance of Children, Youth and Family. And the recovery of the -- all the places that were de\ astaied by a breakage of a dans, it's Pcrcvcsa, the oil companies from Venezuela. I belong to the voluntary effort that they are. doing. And it is a separate effort that needs, you know, big trucks. and perhaps buses and filar -by -fours. 81 5,124/01 1 0 Commissioner Sanchez: Sir, I thought your organisation was local. 'phis is for Venezuela? Mr. Duenas: Yes, it is for Venezuela. Vice Chairman Gort: Commissioner Sanchci, your item, what action would VOL) like to take? And I'd like to explain to you that Commissioner Sancho has extended a courtesy to you, because befure you can come to its, you need to sit do%%n with the administration. The administration needs to look up and conic - - Before we caul make any decisiun here that will have any fiscal impact to the Commission's budget, it has to be addressed by the administration. Commissioner Sancho extended it courtesy and wanted to have you conk dircct. Bill I think you will have to go hack and sit do%kn with the administration, if -- Commissioner Sanchez, unless you Nvant to make it different tnutiun. Com ill issioiler Sanchei: No, 1 don't want to male a different motion. My concern is, and I've made it very clear, that before we donate any surplus to other countries, i think we need to look within ourselves, sir. i thought you were a local orgatllzation here to help people from Veuezucla that are -- locally. I think that we have plenty organizations locally that we need to assist, and I don't think that -- 1br its to be donating trucks to your country. And to go a step further, and this is to hying no insult to you, bol I believe that as it is, you know, your country is basically providing it lot of assistance to it country that suffers under a great dictator. That's Fidel Castro. You kno\,r, your government is right now providing a lot of oil to that country. And it is ntv understanding that your president has a good relationship with that dictator in that country. And as a Cuban -American, I'll tell you this much. If you were a local company, I'd he more than glad. But as it is right now, I would not even send to Venezuela it bead oftice, sir. I hope 1 didn't offend you. Mr. Duenas: no, no problem. Commissioner Sanchez: I1' you were a local organization, 1'd he more than glad to help you. But, you know, I think that "I don't have halt- in my tongue." as we say in Spanish. And i just wanted to make that point. Mr. Duenas: Well. actually, we registered a not-for-profit corporation. We -- it's Inteniational Relief Corporation. It is local. So we can perhaps address it that way. I do understand that internationally, the impression is that, you know, the dictatorship and things like that. But, you know, the people who suffers, especially from natural disasters, you know, they have nothing to do with that. So, you know, it's -- Commissioner Sanchez: But we've got great organizations, such as the Itcd Cross and many wonderful organizations throughout the world that would be more than glad to help in that matter. Vice Chainttan Gort: Yeah, but I think it's important for you to understand, also, the City of Miami went through its crisis itself. i mean, I don't know if we have that many vehicles that we can afford to give away at this time. My understanding is a survey has hcen done, and there's been requests by other agencies to do so. So it might -- the hest thing to do is sit clown with some of the local agencies that are giving assistance to the people, to direct to the people in VencAucla and talk to them. And if it's -- but direct. And I think that would be your best het in here. OK? 82 5; 24%U I 11GURM. Im, WIM • r 17. CONTINUE CONSIDERATION OF APPEAL OF HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD DECISION WHICH APPROVED REMOVAL AND RELOCATION OF TREES FOR INSTALLATION OF PLAYING FIELDS XI'2015 SOUTH BAYSHORE DRIVE (See #53}. Vice Chairman Gort: OK. Before we go into my item -- can I go into my item right now? Let me ask you a question. 1 have a request from two lawyers that have to get out of liere. 'They'd like to defer sonic ilems in the Planning and Zoning. Cm we recess a minute the regular agenda and go to the Planning and Zoning. Anyone who wants to deter any of the Planning and Zoning; items, you want to come forward now. We recess the regular agenda and now we go into Planning and Zoning. NOTE FOR ' IIF RECORD: AT T7i1S POINT, T'lIE CITY COMMISSION CLOSES CONSIDERATION OF THE REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THF PLANNING AND ZONING PORTION OF THE AGENDA. Vice Chairman Gert: Mr. Tucker. Tucker Gibbs: I'm here on PZ -18, which is the appeal of my clients, Ben Kuchne, Lynn Kislack, Irwin Gars, Diane Gars, et cetera, of the Heritage Preservation Board decision dealing with Ransome Everladges School. Mr. McDowell, who represents Ransom Everglades is out of town. Ms. Garcia -Toledo, who is his colleague is here. And we'd like to ask for a 30 -day agreed upon deferral of that item. Vicky Garcia -Toledo: I concur with that request. Vice Chairnian Gort: OK. Commissioner Winton: So move. Mr. Gibbs: Thank you. Vice Chairman Gort: [I's been moved. Is there a second? Commissioner Sanchez: Second. Vice Chuiman Gort: Any further discussion? Being nune, all in favor, state it by saying "aye." Joel Maxwell (Assistant City Attorney): We need a date specific on that, Commissioner. Commissioner Winton: We need a date specific? Mr. Gibbs: Pardon me? Mr. Maxwell: A date specific on that. Mr. Gibbs: Date. It'd be 30 days. It'd be the next -- I guess the June -- is that 281h? 94 1111111612in�. " 5/24/01 Mr. Maxwell: June 28`x' meeting. Vice Chairman Gort: It might be the 21 ". Mr. Gibbs: Oh, I'm sorry. I'm sorry. Commissioner Winton: The 28`x' doesn't work for Commissioner Gort, so we've bot to figure out when we're going to do it. Vice Chairman Gort: 1'd like to have it on the 21". We'll do that later. Mr. Maxwell: Well, the Thing is, unless you continue this to a date specific today, at this moment, it would have to be re -advertised, or they'd have to wait till later on when you actually reschedule the meeting. Mr. Gibbs: Can they make the motion to reschedule? Vice Chairman Gort: Make it the first one of the itetns on July 12'21 . Mr. Maxwell: What the Commission can do, you know -- you know what they want to do right now. So what we could do is you could bring it up again, bring these two items up again toward the end of the mecting, even though they're not here, and reschedule those two items to the date that you select. Commissioner Winton: Why don't you do it the first meeting of July? Vice Chairman Gort: I'm sorry. What was the -- could we do it by July 1 a`1 Mr. Maxwell: Yeah, what you can do, they want -- they want the second mecting in June. Ms. Garcia -Toledo: correct. Mr. Gibbs: 'That's correct. Mr. Maxwell: Do it now, and then at the end of completing the agenda -- Vice Chairman Gort: OK. Whatever the date is for the second meeting of June it'll take place. Mr. Gibbs: Pertect. OK. Vice C.haimtan Gort: Does the maker of the motion accept that? Commissioner Winton: Yes. Vice Chairman Gort: Second does too. All in favor, state it by saying "aye." The Commission (Collectively): Aye. 85 5/24/01 • The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01-499 ;A. MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM n-18 (APPEAL OF HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD DECISION WHICH APPROVED REMOVAL. AND RELOCATION OF TREES FOR INSTALLATION OF PLAYING FIELDS AT 2015 SOUTH DAYSHORE DRIVE) TO THE MEETING CURRENTLY SCHEDULED FOR JUNE 14, 2001. Upon being seconded by Commissioner Sanchc37, the motion was passed and adopted by the following vote: 7 t � � sy,dr ,� 1 ° 5 � ,* r e� Y. `4� � �h xv >• � P `ro�0t c r§r.{ � �, . 4", % q y ati sE 2 5 Fk +' � � t F i r t c x # F1" i,,2tY; 5"FY.L 4T r. ,r y . k•.e " € ti r ' r r yn _ ti� 5� �Y P&lz r rt :. 86 5/24/01 E • 18. CONTJI�TUE CONSIDERATION OF PROPOSED MODIFICATION TO MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER FOR BRICKELL BAY VILLAGE PROJECT AT 2101-2105 BRICKELL AVENUE. Vice Chairman Gort: What other item? Tucker Gibhs 19. Vicky Garcia -Toledo: I would like to request a continuance on the Brickell Bay Village matter. We have an agreement to continue this matter to July 26`', 1 believe is the -- Vice Chairman Gon: Second meeting of June -- oh, July. Ms. Garcia -Toledo: -- second inecting of July. Vice Chairman Gort: OK. The 26'h. No problem. V1s. Garcia -Toledo: We have been negotiating. We are hopefully close to reaching a settlement. Mr. Gibbs: We have a good start. l.et's put it that way. Ms. Garcia -Toledo: And we hope to be able to request a modification, take it to Planning Advisory Board during June, and then be back before you in July. Vice Chairman Gort: OK. Commissioner Winton: Motion. Vice Chairman Gort: There's a motion. Is there a second? Joel :Maxwell (Assistant City Attorney): To July 26'" Vice Chairman Gort: July 20°i. Commissioner Winton: July 26`h Vice Chairman Gort: Is there a second'? Commissioner Sanchez: Second. Vice Chairman Gort: Second. Any further discussion? Being none, all in favor, state it by saying "aye, The Commission (Collectively): Aye. The ibllowing motion was introduced by Commissioner Winton, who moved for its adoption: 87 5/24/01 MOTION NO. 01-500 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM M-19 (PROPOSED MODIFICATION TO MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER FOR BRICKELL DAY VILLAGE PROJECT AT 2101-2105 BRICKELL AVENUE) TO THE MEETING CURRENTLY SCHEDULED FOR JULY 26, 2001. Upon being seconded by Commissioner Sanchez. the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchoz Commissioner Johnny Winton Vice Chairman Wifredo Gort 'A1CS None ABSENT: Commissioner Ardiur E. Teele, Jr. Vice Chairman Gort: Any other items that -- Ms. Garcia -Toledo: And I'd like to, if I may, put these documents, le tors of a - vwng to fhe 00ntiiivanco in the record. Vice Chairman Gort: Yes, ma'am. ! r s ti, r' {7xts.tr,.7� , r .e n, ax } ,.-tYJ,a � 'ir .✓ a rr .v txE s.4 x,+r ^Er,,e,t a � a tt �earr rx lr �,t Y X1 �.--'�'�F.3' e 3 Y'# #t icy #�. rr vee "orf y, i 4,ab,- 5 ua i'r`�y,•.y,",2?'Trytr"ii'�"'%lt".Y-a'�1r T h 7 � 6 P 1.. kv 1 +.F I.f R+ •� .Z 'F 8f3 5/24/01 0 • The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01-501 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM P7-15 (PROPOSED FIRST READING ORDINANCE TO ALLOW FLOWER CARTS AS A CONDITIONAL ACCESSORY USE ALONG THi? S.W. 27"" AVEINUE GATEWAY DISTRICT) TO THE COMMISSION MEhT1NG CURRENTLY SCIIEDULFD FOR OCTOBER 25, 2001. Upon being seconded by Commissioner Rcgalado, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Rogalado Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchcz Commissioner Arthur E. Tee1e, Jr. Vice Chairman Gort: OK. That's it. Thank you. We now close the Planning and Zoning and go back to the regular agenda. NOTE FOR THE RECORD: AT T14LS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF THE PLANNING AND ZONING PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE REGULAR PORTION OF THE AGENDA. 90 5/24/01 0 20. TABLED: DISCUSSION CONCERNING E)N.ETTiO 4, LEAGUE AGAINST CANCER (See #5: WAIVER OF FEES FOR 25T" ANNUAL Vice Chairman Gort: I have one item. I have two items, really. My item deals with the Dinner Key Auditorium. You all, I think have knowledge of the League Against Cancer, which is an organization that has a marathon where they raise about three million dollars ($3,000,000). They provide health and assistance to all those patients of cancer that cannot afford to got medicine. They've boon doing this for quite a few years now. What they would like to ask is for the waivers of the fee at the Dinner Key. But in talking to Christina Abrams, she came up with a very good idea, not to stall a precedent, and in talking to Commissioner Winton, maybe the instruction will be for the league and you all to get together with the Sports Authority and see if they can come up with a donation of ten thousand dollars ($10,000,) to bear those costs. Commissioner Winton: And 1 think Christina is going to conte up and give us the rationale on the record as to how Sports and Exhibition Authority money is an appropriate source of funding for this project. Vice Chairman Gort: Well, she's not here. Well, can you get the information? We'll bring it up later on. 91 5/24/01 21. MANAGER TO GIVE CITY OF MIAMI RESIDENTS—LOCAL PREFERENCE IN CONNECTION WITH HIRING OF EMPLOYEES. Vice Chairman Gort: My second thought is I would like to have the chairperson of the City of Miami on the Civil Service Board. It seems that we have some agreements with our unions, signed by our unions where preference will he given to City of Miami residents. Somehow, they feel that that is not being done. Su what 1 would like -- preference for hiring for employment, anyone that comes out for employment. And my understanding is -- Mr. Attorney, can you enlighten us on this? Alejandro Vilarello (City Attorney): Commissioner, we'd like to take that under advisement and perhaps come back to you at the next meeting, after meeting with members of the Civil Service Hoard, and come hack with something for the Commission to consider along that line. Vice Chairman Gort: OK. Because we want to make sure. Thut's the message we sent a long time ago. The preference, everything being equal, should he given to residents of the City of Miarni. And somehow, I want to make Sure we come up with the right documentation so that can be implemented. OK? Thank you. Any other -- Well, Commissioner Tecle's items we'll take later. 92 5/24/01 • 22. APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE ACQUISITION OF TRAINING SERVICES, EIGHT 1 IRE PRIORITY DISPATCH CARDSETS IN ENGLISH, AND THREE FIRE PRIORITY ]DISPATCH CARDSETS" IA' SPANISH FOR DEPARTMENT OF FIRE -RESCUE FROM MEDICAL PRIORITY CONSULTANTS; INC., $04E °SOURCE PROVIDER, $15,744; ALLOCATE FL'VDS FROM E911 GRANT. Vic: Chainnan Gort: And finally, we cone to Item Number 3. 93 5/24/01 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01-502 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR- FIFTHS (4/5TIIS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING. RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING TILE ACQUISITION OF TRAINING SERVICES, EIGHT FIRE PRIORITY DISPATCH CARDSF,TS IN ENCrLISH, AND TIIRFF FIRE PRIORI'T'Y DISPATCH CARDSETS IN SPANISH FOR THE DEPARTMENT OF FIRE -RESCUE. FROM MEDICAL PRIORITY CONSULTANTS, INC., THE SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED S15,744; ALLOCATING FUNDS FROM THF E911 GRANT, ACCOUNT CODE NO. 290531.6.760. (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 Reg;alado Commissioner Joe Sanchez Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: ABSENT: Vice Chairman Gort: Thank you. Nonc Commissioner Arthur E. Teele, Jr. 94 5/24/01 • 23. CONCERNLNG WATSON ISLAND MEGA MIXED USE DEVELOPMENT OPPORTUNITY REQUEST FOR PROPOSALS (RFP) FOR UNIFIED DEVELOPMENT PROJECT (UDP) ON NORTHWEST QUADRANT OF WATSON ISLAND; APPOINT CERTAIN INDIVIDUALS TO REVIEW COMMITTEE AS REPLACEMENTS FOR PREVIOUSLY APPOINTED MEMBERS THAT ARE UNABLE TO SERVE (See #57). Vice Chairman Gort: Item 5, a resolution on Wilson Island UDP (Unified Development Project). Commissioner Sanchez: So move, Mr. Chainnan. Dena Bianchino (Assistant City Manager): Coin inissioners. Vice Chairman Gort: Yes. Ms. Bianchino: i just wanted to -- we need to replace two people on the board who cannot serve. One is - - we're recommending Mr. Craig Robbins, president of Dacra Development, and pursuant to your request at our last meeting, Mr. Tom Cure], Ph.D., who is an expert in marina affairs. Finally, we'd like to recommend as an alternate Mr. 'Tory Jacobs, head of the 13rickell liomeowners, so that if someone can't Serve, then he would be available to serve. Vice Chairman Gort: OK. Commissioner Regalado: And who is being replaced? Ms. Bianchino: I'm sorry, sir? Commissioner Regalado: Who is being replaced? Ms. Bianchino: Mr. Norman Braman and Mr. Frederic da Roode of the Intercontinental Hotel, Commissioner Regalado: And why is that? They don't want to? Ms. Bianchino: They're not going to be available during the time when the review is going to be happening. Commissioner Winton: So move. Vice Chairman Gort: We need a motion. Commissioner Regalado: What -- Commissioner Sanchez.: I'll second. Vice Chairman Gort: it's been moved and seconded. Discussion. 95 5/24/01 u Commissioner Regalado: 1 have a question on -- What is -- I don't know how many companies have expressed their interest, but someone had told me that some companies were complaining about the administration sending -- Well, in fact, 1 haive a letter here. 1 was copied. Commissioner Winton: It was in the newspaper, too. Commissioner Regalado: Because of sumo changes that were done without a public hearing. Do you have that letter, Mr. City Attorney'! It's from -- I have it here somewhere -- Mr. Bcrmcllo to the City Manager. Alejandro Vilarello (City Attorney): Mr. Cltairnan, Commissioner Regalado, we have received a series of correspondence from individuals. The cone ot'silence requires it to be -- any communication~ to the City to be in writing, and Ilion our response is hack in writing. We -- the administration has responded to each of those requests. if it's a particular matter of -- there was an -- Commissioner Regalado: I don't care what's the response. My only question was, if there is any change, docs it have to go to a public hearing on the RFP (Request for Proposals)? Mr. Vilarello: The City Commission -- well, change. if it's a material change, the only party that can do that is the City Commission. And in order for the City Commission to do that, it has to happen at u public hearing. Commissioner Regalado: What is a material change? Mr. Vilarello: Significant. Something that creates a prohibition or creates a required use. Ms. Bianchino: Sir, like the fish market that you required us to put in last -- that's substantial. Mr. Vilarello: Or the mega yacht facility. Commissioner Regalado: Or the issue of time-sharing or something like that, prohibition? That would be a public hearing; is that correct'? Ms. Bianchino: No. There's -- Commissioner Regalado: No? Is it material or not? Mr. Vilarello: The prohibition of a time share or something in the nature of a time share license. in my opinion, would he material and require the City Commission to act on that, and it could only do that at a public hearing. Commissioner Regalado: So has that been changed? Mr. Vilarello: No, sir, it has not. There's addendum number -- the last addendum on that item corrected that issue. 96 5/24/01 r1 L Commissioner Kegalado: Yeah, but it was issued before we had a puhlic hearing. Mr. Vilarello: There's a series of addendums that are issued as a matter of course. Addendum Number 5 simply explained the concerns. There is in the resolution -- in the RFP right now a prohibition against residential use. Time-shares can, under certain circumstances, and in many circumstances he a residential use, which would have been a prohibition. The only problem was a complete exclusion of that. There are time shares that may not reach that level that are in the nature of a hotel. Commissioner Rcgalado: Yeah, but Alex, that's for the administration to decide. My question is, why did the administration change something that you said is material without a public hearing!? Ms. Bianchino: We didn't. Mr. Vilarello: Well, there was a response to a series of questions. The initial answer was "no," and we corrected that. Ms. Bianchino: Commissioner, let me add to what -- Commissioner Winton: Well, so there was no change. Commissioner Rcgalado: Yes, it was. Commissioner Winton: The administration -- Commissioner Rcgalado: It was a change. Commissioner Winton: The administration made no material change. You made clarifications to existing documentation? Mr. Vilarello: There was an -- Commissioner Rcgalado: No. no, Johnny. No. Commissioner Winton: That's what I'm hearing. Commissioner Rcgalado: No. Explain, Alex. Mr. Vilarello: Commissioner, there was an addendum issued that did identify a prohibition with regard to time-shares. There was a subsequent addendum that corrected that and explained that. So although it was a temporary change, it was -- we did correct it. Commissioner Rcgalado: 'Though it was -- that's my point. That is my only point. I don't care about what they want or what they don't want. My point was that there was a change withuut a public hearing. The Dict that they corrected it is irrelevant. Commissioner Winton: Wily is it irrelevant? It's very relevant. 97 5/24/)1 .u� P, A '1 r � x �• r { �' vJ ,,yy�� .x �+ ,,kt RUN � '' i 4 dY 3 k y ,,. . 3 = ry�'y,` .v. y `' ", W,�"?.A'�''")#%,+ a'4?fkr rY ` wl x !'� 5 x ;�^�,h �r r� a Gr v ,AaS r aT��sa saM ,� x x z, ass. t 4' *`rYl£s'4 >'� y o.p}. cn vE� „�rii w. yi if-x atEn t .s. x y,* NNW A t �' � '��'ai �` +�'Y ss i �ii't '�'• ,• c kk}.rUA ,yk°yy ";yT.ty,4s wa4.'L"t�TMv�*�Sd L i`�..�', §, vi sr p�`'��s"��Q.�Mf q�" .£p {i,y��i#'1 #��� v 4, rrrpp... b t r :w+ 'S' Sat Y''r 1 ka X.# vM �,`�.�rx 'M4 kx 4 t�"yRST xv.`gy'i�. X13 stn§'�5 5°f r Ya`d!§w Fm?: Y M "iY is �' :aeh#nit'rr'ei- �r r' w'd L "moi �. ¢ c Y s s zwH 1 iK -Y�v .�j•'105'' � :�� ,�+ g $ *9 a �,raM t v �t � � r'�{ Tx. •"� if'� �«" '� .� -xys i��.r. ,!�'�� q9 fi +>x V < "" 'v �?xf „.�� Ma., - ASV i* n-,N < 6 s � r t�x3'� 9x rX z)�xk�?�7�td✓*s7r` �a 4 ,� t.=; s n i x' S` i• ttfi" t 3r w e-z e- gg��, ^,. cr r 3t a rg-= aua�T r M + f�r iagi�''�'j.Y �""'ry"ns'i t 'i3 v e .� h, �, ��+M`, Se k.tt � ,; #•r $ -�t 3�;hta r rs+ �� z ;.� �T , r„. ;�"#vom, ',�j�s++�.><'; � � "t�NO,* i #fid r`�s�,.., �' ��'�'�`�`�'C f p h f� f 0 0 The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 0l -503 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS TO REPLACE PREVIOUSLY APPOINTED MEMBERS or THE PUBLIC WHO ARE UNABLE TO SERVE ON THE REVIEW COMMITTEE TO EVALUATE. AND RENDER A WRITTEN RFPORT OF FINDINGS TO THE CITY MANAGER FOR THE WATSON ISLAND MRGA YACHT MARINA AND MIXED USE DEVELOPMENT OPPORTUNITY REQUEST FOR PROPOSALS FOR THE UNIFIED DEVEI.OPMF.NT PROJECTS ON THE NORTHWEST QUADRANT OF WATSON ISLAND. (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: 99 5/24/01 24. AUTHORIZE MANAGER TO EXECUTE AGREP.VIENT WITH PRICE WATERHOUSE COOPERS, LLP (IN CONJUNCTION WITH GRAU AND COMPANY, P.A.), $160,000 TO PERFOILM REQUIRED CERTIFIED PUBLIC ACCOUNTING REVIEW OF UP TO FIVE PROPOSALS RECEIVED IN RESPONSE TO CITY'S REQUEST FOR PROPOSALS FOR WATSON ISLAND MEGA YACHT MARINA AND MIXED USE UNIFIED DEVELOPMENT PROJECT. Vice Chairman Gort: The next item is a resolution on Watson Island, authorizing an agreement with a CPA (certified public accountant) firm. Commissioner Sanchez: So move, Mr. Chairman. Commissioner Winton: Second. Vice Chairman Gort: There's a motion. There's a second. Any discussion? Dcna Bianchino (Assistant City Manager): I'd like to make one comment that it be approved in a fonn acceptable to the City Attorney. Vice Chairman Gort: So be it. Commissioner Winton: Agreed. Vice Chairman Gort: It should always be. OK. Any further discussion? Being none, all in favor, state it by saying "aye." 100 5/24/01 RRIIEF10- The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01-504 j A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH PRICF.WATF.RHOUSECOOPERS, LLP, IN CONJUNCTION WITH GRAU S& COMPANY, P.A., TO CONDUCT THE REQUIRED CERTIFIED PUBLIC ACCOUNTING REVIEW OF UP TO FIVE PROPOSALS RECEIVED IN RESPONSE '1'O 'THE REQUEST FOR PROPOSALS FOR THE WATSON ISLAND MUGA YACHT MARINA AND MIXED USE UNIFIED DEVELOPMENT PROJECT FOR THE DHPARTMENT OF REAL RS'fATE AND ECONOMIC DEVELOPMENT; AND AU'T'HORIZING THE CITY MANAGER TO ALLOCATE FUNDS, IN ANA MOUNT NOT TO F.XCEl'.D $160,000, CONSISTING OF $150,000 IN FhhS AND $10,000 AS THE MAXIMUM ALLOWANCE FOR DIRECT REIMBURSABI+. HXPENSHS, FROM CAPITAL IMPROVLMENT PROJECT NO. 344102, AS APPROPRIATED BY THE ANNEAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED. (Here follows body of resolution, omitted here rind 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: AYHS: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. 101 5/24/01 OXON= 25. TABLED: REPRESENTATIVE(S) FROM ROOTS & CULTURE FOUNDATION, INC., TO ADDRESS COMMISSION CONCERNING WAIVER OF PERMIT AND ADMINISTRATIVE FEES i FOR 7 T1 ANNUAL ROOTS & CULTURE FESTIVAL (See #59). Vice Chairman Gort: 7 is out of the way. S. Commissioner Sanchez: Mr. Chairman. .,A) move to approve with conditions. Commissioner Winton: I would like to move to defer this item until Commissioner Teele gets here. Vice Chainnan Gort: Commissioner Teel, presented a list of items that lie wanted to have set aside for -- Commissioner Winton: Yes. I know he's got sonic real thoughts about this. Vice Chairman Gort: Right. Commissioner Winton: And it's principally in his district, so. Carlos Gimenez (City Manager): He probably would like to -- Commissioner Winton: Yeah. Commissioner Sanchez: OK. Withdraw the motion. Vice Chairman Gort: 9. Commissioner Sanchez: So move, Mr. Chairman. Vice Chairman Goll: But he said lie was going to give a list of items that he was interested in being present. Would you find out with his office, please? 102 seri■� 5/24/01 26. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED: "PROGRAMS FOR DEVELOPMENTALLY DISABLED. 2001-2002," AND APPROPRIATE S396,37t) FOR OPERATION OF PROGRAM: CONSISTING OF GRANTS FROM FLORIDA DEPARTMENT OF CHILDRENANI) FAMILIES (DCF), 520,093 AND FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION MED.'CAID PROGRAM DEVELOPMENT (ANCA), $373,873, AND MATCHING CITY FUNDS, 52.413. Commissioner Sanchez: Item 9, so move. it's a grant. Commissioner \%`intoes Second. ice Chairman Gorr. It's an ordinance. Read it. Wahcr I'oeman (City Clerk): We need a movant. Commissioner Sanchez: I moved it and Johnny seconded it. An ordinance entitled AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "PROGRAMS FOR THE DEVELOPMENTALLY DISABLED, 2001-2002," AND APPROPRIATING FUNDS FOR THE OPERATION OI' THE PROGRAM IN TIIF ESTIMATED AMOLNT OF 5396.379, CONSISTING OF GRANTS FROM THE FLORIDA DEPARTMENT O)~ CHILDREN AND FAMILIES ("DC -F"), IN THE FSTLNIATED AMOUNT OF 520.093 AND THE FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION MEDICAID PROGRAM DF.VELOPti1ENT ("AHCA"), I1\ THE ESTIMATED AMOUNT OF S373,873, AND MATCHING CITY FUNDS, IN THE ESTIMATED AMOUNT OF $2.413; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANTS AND TO EXECUTE THE NEC FSSAR1' D0CLT4ENTS WITH DCF AND AIICA, 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 eniergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: 103 5/24/01 104 5/24/01 t ;7. SECOND READING ORDINANCE: ESTABLISH INITIAL RESOURCES AND APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED "CALI ENFORCEMENT GROUP TASK FORCE FUND," AND APPROPRIATE $83,280, CONSISTING OF GRANT FROM LEXECUTIVE OFFICE OF PRESIDENT, OFFICE OF NATIONAL DRUG CONTROL POLICY. Vice Chaii-man Gort: OK. Item 10. Second reading of an ordinance accepting eighty-three thousand dollars (583.000) grant. Do I have a motion? Commissioner Sanchez: So move, Mr. Chairman. Vice Chainuan Gon: Is there a second? Conunissioner %Vinton: Second. Vice Chairman Gort: Roll call. An ordinance entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "CALI ENFORCEMENT GROUP TASK FORCE FUND," AND APPROPRIATPVG FT NDS IN THE AMOUNT OF 583,280, CONSISTING OF A GRANT FROM '['HE EXECUTIVF. OFFICE OF 171E PRESIDENT, OFFICE OF NA HONAI_ DRUG CONTROL POLICY; AND AUTHORIZING THE CITi' MANAGER TO EXECUTE ALL NECESSARY DOC11,MENTS. IN A FORM ACCEPTABLE TO THE CITY ATTORNL-Y, TO ACCEPT THE GRANT, AUTHORIZING THE EXPENDITURE OF GRANT FUNDS FOR THE OPERATION OF THE PROGRAM; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. passed on its first Leading. by title, at the meeting of May 10, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Winton, the ordinance was thereupon given its second and final reading, by title, and was passed and adopted by the following vote: AYES Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny Winton Vice Chairman Wifredo Gon NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. 105 5/24/01 -IM-411PIRM X SP � � s 0 E • 28. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ALTHORIZE LEASING OF ONE 2001 BUICK PARK AVENUE VEHICLE FROM WILLIAM LEHMAN LEASING FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, FOR USE BY COMMISSIONER ARTHUR E-. TEELE, JR., FOR TWENTY -FOUR-MONTH PERIOD (12,000 MILES PER YEAR), $18,395.76. Vice Chairman Gori: Item 11. we have to hold. Item 12 is withdrawn. Item 13. Emergency leasing o1' automobiles. C'ontmissioner Sanchez: Who would this vehicle be going to? Commissioner Winton: Commissioner Teele. Carlos Gimencz (City Manager): 1 believe it goes to Commissioner Teele's office. Commissioner Sanchez: Is he trading in his old vehicle? Is that what this is? Vice Chairman Gort: Let's wait. Let's hold that one until later, then. Commissioner Winton: I don't think he even has one. Alex Maninez (Acting Director, GSA): He's already got his car. This is a ratification after the fact, an emergency. Vice Chairman Gort: And who you are`' Who are you? 'fir. klartinez: Alex Martinez, Acting Director of General Services Administration. Vice Chairman Gort: Thank you. Commissioner Sanchez: So move, Mr. Chairman. It's a ratification. Vice Chairman Gort: It's been moved. Is there a second'? Commissioner Winton: Second. Commissioner Regalado: Second. Vice Chairman Gort: All in favor, state it by saying "aye." 7'he Commission (Collectively): Aye. 107 �m 5/24/01 0 The following resolution was introduced by Commissioner Sanchez. who moved for its adoption: RESOLUTION NO. 01-505 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE LEASING OF ONE 2001 BliICK PARK AVENUE VEHICLE FROM 11"ILL1AM LEHMAN LEASING FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, FOR USE BY COMMISSIONER ARTHUR E. TEELE, JR., FOR A TWENTY -FOUR-MONTH PERIOD 02,000 MILES PER YEAR), IN AN AMOUNT NOT TO EXCEED S18,395.76; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.210701.6.6 10. (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, 109 5/24/01 • 29. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZE ACQUISITION OF RECORDS MANAGEMENT AND STORAGE SERVICES FOR OFFICE OF CITY CLERK WITH IRON MOUNTAIN RECORDS MANAGEMENT, INC., NOVEMBER 2000! THROUGH MAY 31, 2001, $17,886; ALLOCATE FUNDS FROM CITY CLERK GENERAL. OPERATING BUDGET. Vice Chaimian Gort: Item 14, ratification of the contract extension, commercial records storage. Commissioner Sanchez: So move, Mr. Chairman. Commissioner Winton: Second. Vice Chairman (ion: Any discussion? A resolution. All in favor, state it by saying "aye." The Commission (Collectively): Aye. The: following resolution was introduced by Commissioner Sanchez, who i-noved for its adoption: RESOLUTION NO. 01-506 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- i'If TILS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING 'fHE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE ACQUISITION OF RECORDS MANAGEMENT AND STORAGE SERVICES FOR THE OFFICE OF THE CITY CLERK WITH IRONMOUNTAIN RECORDS MANAGEMENT, INC. FOR THE PERIOD OF NOVEMBER 2000 THROUGH MAY 31, 2001, IN AN AMOUNT NOT TO EXCEED S 17,886; ALLOCATING FUNDS FROM THE CITY CLERK GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 00 1000, 921002.6.2 70. (Here follows body of'resolution, omitted here and on file in the Office of the City Clerk.) 109 5/24/01 m bohis Seconded by CommisWoner Whftn,' the molution was passed and adopted -bv'ibe IbIlowins to mdoner Tomes Regalad Joe Sanchez - Johnny Winton VI 31, cc Chairman Wifrcdol� Z 'M None, . .... ... .. AE% ke 130. APPROVE AND CONFIRM MANAGER'S FINDING OF AN EMERGENCY, WA1V1? REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVF PROCUREMENT OF VIDEO EQUIPMENT FOR USE AT CITY'S CHANNEL NET 9 STATION FOR . OFFICE OF MEDIA RELATIONS, FROM PROFESSIONAL COMMUNICATIONS SYSTEMS. $215,045.90. Vice Chairman Gort: Item 15. Approve the City Manager's finding of emergence purchase of equipment for Channel 9. Commissioner Sanchez: Well, what's -- I was not here for the vote, Mr. Chairman, on the advisory. What did you Luys vote on? Advisory Committee to oversee Net 9? Vice Chairman Gort: No, no. Commissioner Winton: No. Carlos Unicnez Wity Manager): Well, my understanding was -- Vice C'hamnan Gori: The motion was passed to table it until the month of June, and what they were going to do is to name a committee of three individuals, chaired by Commissioner Regalado, to sit down with the administration and come up with some suggestions for the next meeting. Commissioner Sanchez: So move the item. Vice Chairman Dort: It's been moved. Is there a second? Commissioner Regalado: Second. Commissioner Winton: Second. Vice Chairman Gort: OK. Anv further discussion? All in favor, state it by saying "aye." The Commission (Collectively): Aye. 111I11111 B III 5/24/01 The following resolution was introduced by Commissioner Sanchez. who moved for its adoption: RESOLUTION NO. 01-507 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5T1 -IS) AFFIRMATIVE VOTE, RATIFYING. APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY. WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF VIDEO EQUIPMENT FOR USE AT THE CITY'S CHANNEL NET 9 STATION FOR THE OFFICE OF MEDIA RELATIONS, FROM PROFESSIONAL COMMUNICATIONS S7;S'TLMS. IN AN AMOUNT NOT TO EXCEED $215,045.90. ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 311051.8+79401.6.840. (if ere follows body of resolution, omitted here and on file in the Office of the City Clerk.) l:pon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following Vote. AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny Winton Vice Chairman Wifrcdo Gort NAYS: lone ABSENT. Commissioner Arthur E. Tecle, Jr. 112 5/24/01 �E= • 31. ACCEPT PLAT ENTITLED GROVE GATE APARTMENTS. Vice Chairman Gort: Item 16. Grove Gate Apartments. Resolution accepting the proposed record plat. Have they complied with all the requirements? John Jackson (Director. Public Works): John Jackson, Director of Public Works. Yes. they have. Vice Chairman Gon: OK. Do I have a motion? Commissioner Sanchez: So move, Mr. Chairman. Conunissioncr Winton: Second. Vice Chainnan Gort: Any further discussion? Being none, all in favor. state it by saying "ayc," The C onwilssion (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01-508 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S). ACCEPTING THE PLAT ENTITLED GROVE GATE APARTMENTS. A SUBDIVISION OF THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO I-XECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI -DALE COUNTY. FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner .loe Sanchez Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None .ABSENT: Commissioner Arthur E. Teele, Jr. 113 5/24/01 • 32. DEFER: PROPOSED AMENDMENT TO RESOLUTION NO. 00-916 TO INCREASE COMPENSATION TO SPECIAL COUNSEL FOR CIVIL SERVICE BOARD; PROPOSED AMENDMENT TO RESOLUTION NO. 00.914 TO INCREASE COMPENSATION TO SPECIAL' COUNSEL FOR CODE ENFORCEMENT BOARD; PROPOSED AMENDMENT TO RESOLUTION NO. 00-915 TO INCREASE COMPENSATION TO SPECIAL COUNSEL FOR NUISANCE ABATEMENT BOARD (See O's 64, 65, 66). Vice Chaimian Gort: Item 17. They'd like it to be held. Commissioner would tike to he here for that ane. Item 18. Resolution. Commissioner Sanchez: So move. Mr. Chairman. Alejandro Vilarello (City Attorney): Mr. Chairman, Mr. Chairman. Vice Chairman Gort: Yes. !fir. Vilarello: You need to defer Items 18, 19 and 20 until after the consideration of'the midyear appropriations ordinance. Vice Chairman Gort: OK. Commissioner Sanchez: All right. Mr. Vilarello: The funds provided for in each of these resolutions are within the appropriations ordinance. Vice Chairman Gori: OK. 114 5/24/01 33. (A) RESCHEDULE SECOND REGULAR CITY COMMISSION MEETING OF JUNE, ORIGINALLY SCHEDULED FOR JUNE 28, 2001 TO TAKE PLACE ON JUNE 14, 2001, COMMENCING AT 9 A.M. (See #6 and #13). (B) MANAGER TO ESTABLISH PLANNING TASK FORCE TO INITIATE j PLANNING ACTIVITIES TO BE UNDERTAKEN IN LITTLE HAVANA COMMUNITY REVITALIZATION DISTRICT AND PRESENT PLANNED APPROACH AND DESIGN , REPORT FOR LITTLE HAVANA HOMEOWNERSHIP PROJECT TO COMMISSION AT FIRST MEETING IN OCTOBER 2001. + Vice Chairman Gon: Item 21. C'omrttissioner u'inton: So move. Commissioner Sanchez: So move, Mr. Chairman. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Re,,alado: Second. Vice Chairnian Gori: 0K. Any further discussion? Commissioner Sanchez: Now, I would -- Mr. Chairman, 1 would ask that somehow -- Where ,are we at in the process here? Is there anyone that could elaborate on this? Dena Bianchino (Assistant City Manager): I'm sorry -- Commissioner Sanchez: Little Havana Community Revitalization District. .Ms. Bianchino: step one would be setting up this task force. Commissioner Sanchez: Right. Nis. Bianchino: Then what I would suguest to you is that the CD (Community Development) funding wilt he considered at a meeting that I think we're supposed to set up today, either a special ntceting. And at that point, you would need to look to staff for funding to get this task force started. Commissioner Sanchez: So it would require some set aside funding. Ms. Bianchino )'es. Commissioner Sanchez: OK. Why don't you just bring up the meeting now? Ms. Bianchino: Pardon me? Commissioner Sanchez: The special meeting that's going to be held. 115 5/24/01 I 0 • Ms. $ianchino: Because I don't know -- Commissioner Sanchez: Is it going to require a special meeting, or can we do it •- Ms. Bianchino: Commissioners, it's up to you. Vice Chairman Gort: No, it can be done to a regular meeting. I don't think it's that big of a deal to -- Ms. Bianchino: We could do it at a regular meeting. We could do it -- let's see. The second tnectine in June. C'ontntissioner Sanchez: That's on the 28`". Could I -- Ms. 13ianchino: But we're going to change that one, right? Vice Chairman Gort: That's right. Commissioner Sanchez: Right. To the -- to the 2151? Can we ask that the City administration have it on the 21 Commissioner Winton: Well, we don't know yet. Vice Chairman Gon: Do you have any problems with the 21 f`? Commissioner Wintom Well, I'm going to tell you all what the issue is, and then you have to decide. I don't have any personal problem with the 21St, but I'll -- as soon as we discuss times. I'll tell you what the -- It's about the -- Do you want to discuss it now? Vice Chainnan Gori: Sure, Commissioner Winton: The issue with the 2151 is that our Charter Review Committee, we're pressing hard to be finished with the Charter, bring the Charter Review recommendations to the Commission on the 28"'. And we knew that the 28'x' was going to be tight. But we're pressing hard to get the work done a week earlier. We may not be able to get the stuff done with that one week earlier time frame. So that's what makes me nervous about moving the Commission meeting to the 2 I ", is that we simply won't get our work done. And then we're going to be moved into July for the presentation. And as Walter says. you begin to create a tight window there, because we not only have to have input from the Commission, there will probably be some recommended changes, and then you'd have to take some other steps. And so we're just tight. Vicc Chairman Gort: Walter, when do you need to have the language to go into the -• if there is to 116 5/24101 Walter Foeman (City Clerk): For Charter Amendment issues, by the 20' of September. Everything has to be to David Leahy by that time. Vice Chairman Gott: 21 s'. In other words, you need to have the language by the ;1" of September. Mr. Foematu All the legislation and everything has to be in by the 21". Vice Chairman Gott: OK. Commissioner Winton: And the -- I'm sorry. Commissioner Regalado: You know what I think, Johnny? 1 think that we, in August, somewhere in August, even though we don't have a regular meeting, there should he a special meeting for discussion on all the Charter Amendment and the language and all that, because it's L, oing to take time. Comnussioner Winton: Well, actually, because I think it was Walter's office telling us that we ought to -- well, somebody's office telling me we ought to do it in May. But seems to me we could do it in June. And we don't have a problem doing it in June. We could bring it to the -- Because we're almost done. We're going to be finished. So we could bring it back for the first meeting; in June, as opposed to the last meeting in May. Commissioner Regalado: No, you're talking July. Conunisstoner Winton: What am I talking about? ire C'hainnan Gott: July. You're talking about the first meeting in July. Commissioner Regalado: You're talking July. Commissioner Winton; Oh, yeah, we're already -- right, right, first meeting in Juiy. I'm sorry. Vice Chainnan Gon: First meeting in July, yes. Commissioner bVinton- Yeah. Vice Chairman Gott: OK. Commissioner Winton: We could bring it to the first meeting in July, Commissioner Regalado. Vice Chairman Gon: OK. So does anyone have any problem in having -- moving the meeting from the 28"' to the 21 "? Commissioner Sanchez: No. 117 5124/01 Commissioner Regalado: I don't have a problem. Commissioner Winton: Is that June". Vice Chairman Gott: June. Commissioner Sanchez: And all that I ask is that we would have that meeting oil the 21 ". You know, I ,just want to expedite things here. And 1 think that it's -- a key factor here is to set that tnist together, and start the process. We arc basically following a process that's going along smoothly. I don't -- I think time is of an essence. The funds are coming our way. And we could hasically just follow the process that's going on with the other revitalization plan. But 1 think that it's prudent to have it going just about the same time, because I could -- we could learn from the first one during the process. Ms. Hianchino: Mr. Chairman. Vice Chairman Gort: Let me ask you a question. My understanding is that from feedback that I'm receiving is, according to the amount of items that we have, we might be able to combine the iwo meetings on the 14"`. Commissioner Sanchez: 12. Vice Chairman Gon: Or on the 21 ". Commissioner Winton: No, I can't, because -- Flee Chairman Gorr: No. no, 21" is a bad day. Commissioner Winton: Yeah. 21" is going to be a short day. Vice Chairman Gon: 21" has to be a short day. Commissioner Sanchez: So you want to combine both meetings on the 14`h? Ms. Bianchino: In that light, we would like to request that the CD items be held at the first meeting in July. Commissioner Sanchez: Which. is the 14"'. Ms. Bianchino. Right. That way, you have two meetings in June and then -- Unidcntificd Speaker: It's the 121h. Ms. Bianchino: It's the 12"', July 12''. Commissioner Sanchez: July 12"'. OK. I don't have a problem with that. 118 5/24/01 zQt�a� 'bis. Bianchino: OK? Commissioner Sanchez: OK. Ms. Bianchino- All right. Vice Chairman Gort: I need a motion Commissioner Winton: So what did we just do? Vice Chairman Gort: -- changing: the meeting of the 28"'. We're going to combine both for the 14"'. OK? Do I have a motion? Commissioner Sanchez: So move. Vice Chairman Gort: Moved. Commissioner Sanchez: Second. Vice Chairman Gori: Second. OK. Commissioner Winton: So the 14'1' is going to be -- vice Chairman Gort: A combined meeting of the two. Commissioner Winton: I need to mark the 14"' from 9 a.m. to midnight, right? Vice Chairman Gort: 2 o'clock in the morning. OK. All in favor, state it by saying "aye." The Commission (Collectively): Aye. The lollowing resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO, 01-509 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF JUNE. ORIGINALLY SCHEDULED FOR JUNE 28, 2001, TO TAKE PLACE ON JUNE 14, 2001, COMMENCING AT 9 A.M. (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: 119 5/24/01 AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Gott: I'd like to ask another question. In the past, we would always begin the meetings at 9 o'clock in the morning. if any of the Commissioners don't have any problem, I don't mind starting at 9 o'clock in the morning. And that will make a lot of difference. We can get u lot of items done in the -- Commissioner Winton: We don't even start at 9:30 and never made 9. Vice Chairman Gort: Well, we're going to push. Is there any problem in starting at 9 o'clock in the monling? Commissioner Sanchez: No, sir. Vice Chairman Gort: 9 o'clock. OK? Thank you. Commissioner Sanchez: 21 has a first and a second, Mr. Chairman. V ice Chairman Gort: Right. Item 21. 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, 01-510 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO ESTABLISH A PLANNING TASK FORCE TO INITIATE PLANNING ACTIVITIES TO BE UNDERTAKEN IN THE LITTLE HAVANA COMMUNITY REVITALIZATION DISTRICT AND TO PRESENT A PLANNED APPROACH AND DESIGN REPORT FOR THE LITTLE HAYit11!4 110MEOW'NF.RSHIP PROJECT TO THE CITY COMMISSION AT THE FIRST MEETING IN OCTOBER 2001. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 120 5/24/01 U aA bung m onded by Commissiottar t .6so 4000 was passed and l f .� I k k 4 ! :6 ,+Tp' �� �/��✓�M �Y ifY•R ■• Noe sandh d6hissioner Johnny Winton q * r Vibe Cha3l1318i1 Wilfredo{Gori a Os SON,Iti�e h e t Commissioner ArthurE. 'TC$�/� f� n ,• i� � T � �� �, � of Z� "+-Gy{T� +�� •>?. `k fho .�` w�,,* x � � t -Vy R' � &Y YOF t kfi C � i x f. F v t. It" s� �3 � , xL 4 ttFs mI�'n',.�' `�!,� i� �,'s°r) ��Lk";Y k,�'T',-� i# fix{ 1 `�� ir..?' f �S "�,5 ! ki f�`x''�` z �:,*� ar`�R'a �''�ra�';c"Csri }'a �.c+.�k i�?,.� jr irk,, '�'% 3i ,'��,.�y''tn a, h• �r '� r M`� z q ., `� Y'. Y J �,� t- t .y1 , A ! t x,i Y � .� t :�' t• r'f `' ' c L 1 :. �. � 4 r, ��{ Y 3 q r ..� t ', '' a t> a 4 } w. ^b ,., r 'Q e E y a r i„� '' a • 5 5/24/03 • 34. RE -APPOINT MEMBERS OF MIAMI CITY COMMISSION AS 'HAIRPERSONS, VICE - CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES. Vice Chairman Gort: OK. Item 22 is the Commissioners' appointments o the differeia boards, if somebody would like to make a move, a motion. You need it one by one, or ca i you do it all in one? Mr. Attorney? Alejandro Vilarello (City Attorney): You're on item 22? Vice Chairman Gort: Yes, sir. Do you need one at a time, or can we do them al combined" 11 alter Foeman (City Clerk): We can combine them, Mr. Vice Chair. We haw a resolution that includes all the various boards. Mr. Vilarello: Yes. Commissioner Sanchez: We need to do them one by one? Mr. Vilarello: You can do a combination of it in one resolution. I Commissioner Sanchez: OK. Mr. City Clerk. would it just require one vote to say everything as it is? Mr. Foeman: That is correct. Commissioner Sanchez: So move, Mr. Chairman. Vice Chairman Gott: OK. It's been moved. Is there a second? Is there a sec Is there a second? Commissioner Regalado: Second. Vice Chairntan Gort: Second. Discussion. Any discussion' Being none, all ..ave.., The Commission (Collectively): Ave. 122 Hello? Mello, there. favor, state it by saying 5/14/01 • lJ The following resolution was introduced by Commissioner Sanchez, who move for its adoption: RESOLUTION NO. 01-511 A RESOLUTION OF THE MIAMI CITY COMMISSION APP INTING MEMBERS OF THE MIAMI CITY COMMISSI N AS CHAIRPERSONS, VICL--CHAIRPERSONS AND/OR MEME ERS ON VARIOUS TRUSTS, AUTHORITIES. BOARDS, COMMITTI ES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the Ci y Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed anc adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: .' Commissioner Arthur E. Teele, Jr. 7 t { t 4 y 123 5/24/01 �1111115. NOTE FOR THE RECORD: AT THIS POINT. THE CITY COMMISSION CLOSLS CONSIDERATION OF THE REGULAR' PORTION Or THE AGENDA TO CONSIDER ITEMS FROM THE PLANNING AND ZONING PORTION OF THE AGENDA. Vice Chairman Gort: Thank you. That takes care of the regular agenda, and now we eo into the PZ (Planning and Zoning) agenda. We'll hying the pocket items at the end. AnyonC that is going to testify on the PZ auwnda, please, you need to stand tip to be sworn in. Mr. Clerk? Anyonc that ishcs to testify. Mr. Focntan: Would you raise your right hand, please. NOTT", FOR THE RECORD: AT THIS POINT, THE CITY CLERK ADMNISTERED REQUIRED OATH ANDER CODE SECTION 62-1, 1'0 THOSE PERSONS GIVR�IG TE 'ITMONY ON 'ZONING ISSUES. Vice C hainnan Gort "thank you. 35. GRANT SPECIAL EXCEPTION TO ALLOW NONPROFIT RECREATIDNAL AND RELATED EDUC'A'IIONAL PROGRAMS; AND AS PER CITY CHARTER, SECTION 3(MM)(111), SETBACK AND SIDE YARD REQUIREMENTS TO BE MODIFIED BY COMMISSION AFTER DESIGN AND, SITE PLAN REVIEW AND PUBLIC HEARING, TO ALLOW WATERFRONT YARD OF 31'0" I (50'0" REQUIRED) FOR PROPERTY LOCATED AT 2600 SOUTH BAYSHORF. DRIVE (Applicant(sl: City of Miami). =---� Vice Chairman Gort: PZ -1. Lourdes Slazyk (Assistant Director. Planning; and Zoning): PZ -1 is a special cxception requiring City Commission approval to allow non-profit recreational and related educational programs. This is 2000 South Bayshore Drive. This is the Shake -A -Leg project. The Department has recommended approval, and theZonmk Board has also recommended approval by a vote of eight to zero. Commissioner Winton: What are we doing? Ms. Slazyk: This is a special exception for the Slrakc-A-Leg project at 2600 South Aayshore. Commissioner Winton: Right. I got that part. But what's the special exception'? Ms. Slazyk: On waterfront PR.(puhlic recreational) land, if you're going to do recreational and related educational pro,(grams, it needs a special exception with City Commission approval, because it's PR waterfront property. Commissioner Regalado: What you're doing is reducing; the setback from the sho c from 50 to 31 feet. Vicr Chairman Gott: From 50 to 31 feet. 124 5,124101 • i Ms. Slazyk: 'this includes a reduction in the Waterfront Charter requirement (from 50 to 31. VI'hat the Wateriiont Charter section of the Code says -- this is different than a variance. It's not a hardship. Thi % have to show that they're opening it up to the public and providing the amenities. In this particular case, the Shake -A -Leg Program, due to the nature of the use, and the need to be able t 3 get the handicapped this close to the water, they had to locate the buildings closer to the water than no Tn 1. They still have 31 feet. It's more than enough for public access, and the amenities have all been provide . Commissioner Winton: And that's the question. It is -- So if we're success, I at ultimately creating a bay walk from -- Ms. Slazyk: All the way, yeah. Commissioner Winton: We'll be able to go all the way down through and there won't be a block there. Great. That's what 1 wanted to know. Thank you. Vice Chairman Gort• OK. MS. Slazyk: Yes. It's 31 feet or less. It's more than enough. Commissioner Winton: So move. Vice Chairman Gun: It's been moved. Is there a second? Commissioner Sanchez: Second. Commissioner Regalado: Second. Vicc Chairman Gort: Any further discussion? Being none, all in favor, state it b saying "aye." The Commission (Collectively): Aye. Vice Chairman Gort: Great presentation, Shake -A -Leg. 125 litlimw 5/24/01 E • The following resolution was introduced by Commissioner Winton. who to RESOLUTION NO. 01-512 A RESOLUTION OF THE MIAMI CITY COMMISSIOT ATTACHMENT(S), AFFIRMING THE RECOMMENDATION ZONING BOARD. THEREBY GRANTING A SPECIAL EX( FROM THE ZONING ORDINANCE OF THE CITY OF FLORIDA, ARTICLE 4. SECTION 401, SCHEDULE OF E REGULATIONS. TO ALLOW NON-PROFIT RECREATION RELATED EDUCATIONAL PROGRAMS, MAKING FINDIN APPROVING A MODIFICATION OF THE WATERFRON' SETBACK IN ACCORDANCE WITH SECTION 3(mm) ('iii) CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AN WHICH SETS FORTH MINIMUM WATERFRONT SET'BA, SIDE YARD REQUIREMENTS :MODIFIABLE BY TH COM.WSSION AFTER DESIGN AND SITE PLAT REVII PUBLIC HEARING TO PERMIT A WATERT RONT YARD ( (50'-0" REQUIRED) FOR THE PROPERTY LOCA? APPROXIMATELY 2600 SOUTH 13AYSHORE DRIVE, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJE( TIME LIMITATION OF TWELVL (12) *v1ONTHS IN W BUILDING PERMIT MUST BE OBTAINED, (Here follows body of resolution, omitted here and on file in the Office of the Upon beim: seconded by Commissioner Sanchez, the resolution was passed and VOle, AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny Winton Vice Chairman Wifredo Gori :NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. f'or its adoption: WITH OF THE MIAMI, �L AND .;S AND YARD DF THE ENDED, X AND CITY Uk' AND F 31 '-0" �D AT MIAMI. T TO A 1ICH A Clerk.) by the following 126 1 5/24/01 36. CONSIDERATION OF TWO PROPOSED SECOND READING ORD NANCES RELATED TO 3163, 3165, 3171 AND 3179 S.W. 22 TERRACE: TO AMEND MI MI COMPREHENSIVE i NEIGHBORHOOD PLAN ORDINANCE 10544 TO CHANGE LAND USE DESIGNATION FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL AND rO AMEND ZONING i ORDINANCE 11000 TO CHANGE FROM R-2 TO C,-1. Vice Chairman Gort: PZ -2. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -2 and 3 arc companion items that are a status report to you, the Commission. This was a change of land use and zoning in which there %vas sonic litivation between a mother and a daughter that arc both claiming ownership. Aid you had asked that this conte hack to you in six months fora status report, and that's what's here Before vou. C'omnlissioner Winton. PZ -2 is? Ms. SWyl.: 2 and 3 Vice Chairman Gori: PZ -2. OK. Who's going to give the report? Vicky Garcia -Toledo: For the record, Vicky Garcia -Toledo, with offices at 200 South. Biscayne Boulevard. Commissioners, this matter is still under litigation. it is beforey t just for a status report. %%`c tcel that because -- Vice Chaitnlan Gorr: See you in six months? Ms. Garcia -Toledo: No. Too long. We believe that this should be scheduled fo September 27'i'. which 1 beli.:vc is wur -- whatever your PZ (Planning and Zoning) agenda is in Septemb r. Vice Chairman Gort: Do you need to continue this to -- Mr. Attorney? Commissioner Winton: So what action are we taking? Ms. Slazyk: There really -- Youjust wanted a status report. You can continue • s an item, a land use and zoning item. until that's resolved, it really can't be heard. I don't know if you want to continue it further or just defer it. ConuluSSioncr Winton: OK. Vice Chairman GOTt: Right. Just defer. .Ms. Garcia -Toledo: We feel with the scheduled litigation that September would be an appropriate time. Vice C'hairnlan Gorr; Do I have a ]lotion to defer this till September'.' Ms. Slazyk: September, the second meeting in September. 127 1 5/24/01 1i1111we 0 • Vice Chairman Gort: Correct. Commissioner Regalado: Move it. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second. Vice Chairman Gort: Any further discussion.' Being none, all in favor, state it -• Are you -- Richard Crisonino• Messrs. Commissioners. Vice Chainnun Gori: Discussion. Yes, sir. Mr. Cr,sonino: My name is Richard Crisonino. I'm an attorney-at-law at Miami, Florida. I represent Martha I. Lima. M.D. She is the contract vendee of the subject of the 13AII application for rezoning. Since this is a status report, I notice that on August 10`' of the year 2000. BAP terminated the contract for sah vendee. and received the return of its deposit. Several days ago, my client revc to the extent possible and gave BAP notice of this revocation. We have also rcgl extent possible. withdraw this application as to the three lots that are owned b lineation, but most recently, on May 18"', Chief Judge Robert Mark did enter a s which he ruled that -- Alejattdrt) \'ilarellu (('ity Attorney): '.Mr. Chairman, Mr. Chairman. Vice Chairman Goat: Excuse me. Yes, sir. 34 Southwest 61h Street. tree of the lots which are +Mould like to put you on and purchase as contract :ed its power of attorney ested that the City, to the my client. Thev are in mmary final judgment in Y1r. Viiarellu: The item has been deferred until the September meeting. The information that's being provided is not necessary to the deferral. And this item will either come back liefore you in September, and it' the parties have litigation amongst themselves, that'll be resolved in art appropriate setting. us upposed to here. Vice Chainttun Gort: At the same time, my understanding is the applicant f this is not the City of Miami, but it'S a private party, and that would be the person that would have to ask -- and correct me if I'm wrong -- to take -- it being taken out. Mr. C'risoninu: To conclude my remarks, Judge Mark just recently ruled that liar simple title. Mr. Vilarello: 'Mr. Chairman. Vice Chairtttan Gon: Yes, sir. Mr. Vilarello: 1 think this discussion is irrelevant to the deferred matter. 128 has no interest in the 5/24/01 Vicc Chairman Gort: OK. Mr. Crisonino: Thank you. Vice Chairman Gort: Thank you, sir. Do I have a -notion and a second? Ail fn favor, state it by saying ,.aye The Commission (Collectively): Aye. Vice Chairman Gort: Thank you. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 01-513 A MOTION TO CONTINUE CONSIDERATION OF TWO PROPOSED SECOND READING ORDINANCES RELATED TO 3163, 3165. 3171 AND 3179 S.W. 22 TERRACE, ITEM PZ -2 (TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ORDINANCE 10544 TO CHANGE LAND USE DESIGNATION FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL) AND ITEM PZ -3 (TO AMEND ZONING ORDINANCE 11000 TO CHANGE FROM R-2 TO C-1) TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR SEPTEMBER 20, 2001. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: NAYS: "SENT; Commissioner Tomas Regalado Commissioner Johnny Winton Vice Chairman Wifredo Gort None Commissioner Joe Sanchez Commissioner Arthur E. Toole, Jr. 129 5124/01 37. GRANT SPECIAL EXCEPTION TO ALLOW PRIVATE CLUB FOR PROPERTY LOCA'T'ED j AT 2161 SOUTH BAYSHORE DRIVE (Applicant(s): Gilberto Pastoriza, Esquire, on behalf of Coconut Grove Park, Inc.) Vice Chairman Gort: PZ -4. Sarah Eaton (Planning, Dept.): Mr. Chairman, members of the Commission. Sarah Eaton with the Planning Department. This is an application for a special exception for the property known as Vila Woodbine. As many of you will remember, Villa Woodbine has been designated as a historic site for manv vcars. And about two years ago, this Commission applied the Historic Preservation Overlay District to this properly. the HP overlay allows adaptive uses that encourage the preservation of certain buildings that -- %% here it's no longer feasible to use them for the allowed use. In this particular case. the applicant is proposing what the code calls a private club. But in reality, Villa Woodbine would be used as a banquet facility. As Mr. Pastoriza will tell you, it's really the use it's been having since 1983, and they're trying to legalize the use. We teel that it's appropriate to allow this use on the property in order to encourage the preservation of the building, because of tite size of the property. its location on South Bayshore Drive. And it's highly likely that if such a use is not allowed, the property would be sold. The house could be demolished. and a planned unit development could be put on the property, or it could be re -platted into a number of lots. So we feel that the criteria in the ordinance have been met, and we would recommend approval of the application. Vice Chaulnart Gort: Well, thank you. Is anyone in opposition to this item'? Is anyone in opposition to this itent? Commissioner Winton: Then move the item. Vice Chainnan Gort: No, no, wait a minute. i think there's a gentleman in opposition? Igo? OK, Commissioner Sanchez: Second. Vice Chairman Gr►rt: It's been moved. It's been seconded. Any discussion on this item`? Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Vice Chairman Gort: Great presentation. You guys are doing well today, real good. Commissioner Sanchez: Just remember, they all can't be that easy. 130 —gym 5/24101 • C� The following resolution was introduced by Commissioner Winton. who moved for its adoption: RESOLUTION NO. 0 1 -5 14 A RESOLUTION OF THE MIAMI CITY COMMISSION. WITH ATTACHMENT(S), AFFIRMNG THE RECOMMENDATION OF THE ZONING BOARD, THEREBY GRANTING A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI. FLORIDA, ARTICLE 7, SECTION 704?.4, REQUIREMENT FOR SPECIAL EXCEPTION, TO ALLOW A PRIVATE CLUB, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2167 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUSTBE OBTAINED. (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; vole: 131 5/24/01 IMIMM 0 • r38. TABLED: CONSIDERATION OF APPROVING CLASS II SPECIAL, PERMIT NO. 01-W74. AS SUBSTANTIAL MODIFICATION OF APPROVED CLASS lI SPECIAL PERMIT NO. 93- 2362, FOR STREETS OF MAYFAIR FOR PROPERTY LOCATED AT 2911 GRAND AVENUE (See #50). _ Vice Chairman Gort: P7-5. Class Il Special Permit. Lourdes Slazyk (Assistant Director, Planning & Zoning)- P7-5 is a consideration of approving a Class II permit. I guess the -- I don't know if the attorney wants to ask for either a deferral or tabling it till later in the meeting. Gloria Velasquez: My name is Gloria Velasquez. with law offices at 1231 Brickell Avenue. Lucia llouaherty is handling this matter. She's at another hearing. She'll be done, hopefully, within an hoiu. and i was asked if' we can table this item until she arrives, if that's OK with the board. Vice Chairman Gort: Let me ask a question. I don't think there is anyone that -- Planning recommended for approval. Is there anyone in opposition to this item? Therc is? Ms. Slazyk: leo. We recommend approval. Nis . Velasquez: There is one issue, pending issue, and it's regarding the retroactivity. We would like this to he applied retroactive, from a certain date, and that is something I think that she would like to explain to the hoard. Vice Chainnan Gort: OK. Fine. Item 6. Commissioner Winton: Well, is staff recommending that? \As. Slazvk: No. Commissioner \Vinton: Oh. So -- \ds. Dena Bianchino (Assistant City Manager): And that was not in their application. Vice Chainnan Gort: Item 6. Nis. Slazyk: No. The application was a modification of a Class Il. The issue on retroactivity, they want to address, Vice Chainnan Gort: We'll hear it later on. IVIS. Velasquez: OK. Thanks. 132 5/24101 • • 39. APPROVE MODIFICATION TO MAJOR USE SPECIAL PERM11 APPLICATION FOR BRICKELL STATION MIXED-USE DEVELOPMENT PROJECT LOCATED EAST OF SOUTHWEST IST AVENUE BETWEEN 11TH AND 12 T11 STREET, TO ALLOW MIXED- USE DEVELOPMENT CONSISTING OF TWO RESIDENTIAL TOWERS WITH 718 RESIDENTiAL UNITS, WITH 17,550 SQUARE FEET OF GROUND FLOOR RETAIL. i USES, PROJECT WILL INCLUDE 1,346 PARKING SPACES (Appiicantlsl: Gilberto Pastoriza, Esquire on behalf of 1000 Brickell Ltd., KV Brickell Patiners Ltd. and Francisco Torvisol. Lourdes Slazyk (Assistant Director. Pianninl.'. & Zoning): All richt. P7_-6 is a major use special hermit for the Brickell Station \,lixed-Use Development Project. This is also a modification to it from its initial application through now, so you'd be approving the project as modified. This is for a mixed-usc development, consisting of two residential towers, with a total of 718 residential units. 17,550 square feet of ground floor retail. and a correction in your package. It's 1.404 parkin: spaces. 'I'he other correction I need to make on the record is that the -- and I would like to add it as a condition to cite major use -- that the hei-ht shall not exceed 38 stories or appri>ximatel\, 3S'' feet. excluding mechanical rooms and parapet. This was a -- There was a miscalculation in the plans. "That's why the parking was -- is a little hit higher. And it's one story they were off'. The only way -- Commissioner Winton: But why the height limitation recommendation? .v1s. Slazyk. \k'ell. the application that was filed had a 37 -story building. They sent us a letter saving that there was an error in their architectural plan. It's really 38 stories. And to make sure that that doesn't keep changing as time goes oft. we need to limit it somewhere. Coninussioner Winton: OK. Ms. Slazvk: And if they %\ant to modify it, they have to go back through a process. Commissioner Wintom Got it. Ms. Slazyk: So, we're saying that it should not exceed 38 stories or approximately 382 feet, as shown on the revised plans. The project is located right across the street from the Brickell Metrorail Station. The Planning Advisory Board recommended a seven to zero unanimous vote of approval on this. This prgiect is lust a little bit over the average number of units per acre in the Brickell and Central Brickell area. ft's not the highest, but it's somewhere just above the average. The Planning Advisory Board felt that that was appropriate for this particular site, ,given its direct access to the Metrorail. It's two towers with a recreation deck over the parking garugc, and ground flour retail. The applicant had actually filed a project that was different than this, in that it included an office building in between the two residential towers. with 50 feet separation between the buildings and the office. We had serious concerns about that, and they were very cooperative in working with us to modify the plans. They also removed all ingress and egress from I" Avenue. which makes the whole I" Avenue frontage that fronts the Metrorail much more pedestrian -friendly and accessible. with no vehicular conflicts. We believe the 133 5/24/01 project is well designed. it's appropriate for its location, and with the conditions specified in the development order. and two that I want to add on the record, we would recommend approvui. The two conditions that I would like to add ort the record, one of them is for -- Since this is a multi-phase project --it's two towers -- we always have concerns on what happens to the land on phase two, it* phase two never gets built. What VT would request is that the applicant provide us with in interim landscape plan that. once phase one gets a CO (Certificate of Occupancy), if phase two is not in building pennit within 12 months of the CO of phase one that they wotild have io implement the landscape plan. If they're not ready to go, the%, have to implement it. Also, on the land right now, where this project is going, is the first Miami high school. it has not been designated a historic building, but the City would like the applicant to work with the Cite and any -- you know. the appropriate -- you know Dade Heritage Trust or appropriate aaencv to possihl) see if the), can move the building before it's demolished. One of the things we want - them to do is to produce the -- do the photographs and the measured drawings of the building. in accordance with the standards of the Historic American Building; Survey, and then to .jointly. %%ith the City, evaluate the feasibility of moving the structure. And if it is deemed feasible. the applicant would be willing to agree to contribute thirty-five thousand dollars ($35,0001 to Dade HeritaL,e Trust or the appropriate agency, as designated by the City, to be responsible for the relocation . So the -- let me just read the lull condition into the record because it needs to be added to the development order. Due to the locution of the first .Miami high school on the subject property and the City's desire to relocate the existinii structure to a City park. the applicant, at its sole cost and expense, agrees to produce measured drawings and photographs of the structure, in accordance with the standards of the Historic American Building Survey, City and applicant shall jointly evaluate the feasibility of moving the structure to a City-designated site. If the structure cannot withstand the relocation, then the structure shall be demolished. If the siructure can withstand relocation, the applicant agrees to contribute thirty-five thousand dollars (535,000) to Dade Heritage Trust or the appropriate agency, as designated by tite Cite, who shall be responsible for the relocation. If tate relocation is not accomplished by January 1'' oi'2002. the applicant may demolish the structure. The original -- I mean our first impressions at looking at the building; now is that it probably can't withstand the relocation. So, to us, the more important f,zctor ill this is the drawings, the measured drawings, and photographs of the building for historical purposes. But if it can withstand the relocation, the City would wort: with the applicant to find an appropriate site. Vice C'haiinman Garr: OK. Commissioner Winton. Commissioner W'inton: I don't think 1 have any questions of anybody. rice C'hairinan Gort: OK. Commissioner Sanchez.: Is there any opposition? Vice Chairmun Gori: Let's hear from the presentation, _ Gil Pastoriia: Gil Pasturiza, 2665 South Bayshore Drive, Suite 420. And I'm here on behalf of the applicant on this project. With me is our architect, Mr. Bernardo For-Brescia. We have our traffic engineer. We have all of our experts here with us. In the words of Mr. McElroy, from 134 5/24/01 ��i the Planning Advisory Board, this is a very exciting project. One of the most exciting }daces for young business people to live in. We feel as equally excited as Mr. McElroy did a month ago. when he made the motion to approve this project. We arc seeking a major use special permit from the City Commission for the Brickell Station Mixed -Use Development. We're not seeking any variances, special exceptions, nor are we requesting any road closures. We would specially like to thank Lourdes Slazyk and Roberto Lavernia from the Planning Department, as well as the various neighborhood groups that we met in the process. Their input has really matte this process-- 1 mean this project a lot better project. 1 would just briefly like to tell you that thr original project that we proposed consisted of three tall buildings, three towers -- two residential towers and an office toyer. The project that you have before you today eliminates that office tower and reduces the intensity of development by close to a hundred thousand square tcet. The piolect itself are two residential towers, each 38 sto,ies in height, 359 units, a total of 1,404 parking spaces and 17,50 square feet of retail at the ground level. The property is located just cast of Southwest l" Avenue. immediately across the street from the Brickell Station People Mover and Nletroraii. It's also between 11" and I ,Ih Street. The property is zoned as D-7. designated commercial in the comp. plan. The proposed mixed-use proiect is consistent with the plan. the SD -7 zoning, and is compatible with other major use special permits in the arca. If you iake a look at the intent of the SD -7 District, which I've highlighted for you here. %kc meet every n.a sir -- ever% single criteria in your intent. NVe're close to the Mctrorail, mostly a residential project. It's intent, that's what your Code requires. That's why you have an FAR (Floor .Area Ratio) ratio here. which is double the ones on Brickell. Parking. Even though the intent is to provide cninmtal parking, we are providing two spaces per unit, on the southern tower, and then I.£() spaces on the northern tower. I would not -- I will let Mr. Bernardo Fort -Brescia go over the building, itself' I'd just like to tell you that this project has a very positive economic impact on the City of Miami. It's projected that it will generate to the City of Miami one point million dollars in property taxes, three point seven million dollars in impact and other fees, and annual rcvenuc rpt at -out a million and a half on an i;7 job projection. Mr. Fori-Brescia -- Viee Chairman Gort: ylr. Pastoriza, let me ask you a question to really -- What's east of you' Is that the Colombian Bank? R9r. Pastoriza: East of mc. there is a hank on the southern side of the street. Vice Chairman Gort: OK. Thank you. 'sir. Bernardo Fort-Bresciu: I'm Bernardo Fort -Brescia, a principal of Architectonica, the architects for the proicct. I'll be as brief as possible with this presentation and just highlight the key components of the project. You can see in the first two drawings, the site plan, \\,here you sec the two towers that are staggered it-, relation to each other, with the gardens that connect the iwo over the parking deck. in the center drawing, you can see the location of the building.. And these views here. these views show you the site. It has the Lletrorail right up against it. As it turns the corder. you can see here a Lletrorail station on the right-hand side, on the left hand- sidc, the corner of the site, which is where we recess the tower further away from the Metrorail station h is -- from the views that you see here at -- in this board, you can see the positioning of the two buildings. They have a curvilinear profile, as they rise from the ground, one of them facing towards Brickell Avenue, the other one facing towards the Metro Station. And there's a 135 51124/01 mural of a design made out of the louvers that conceal the parking podium. That also is the landscape deck that you've seen in the drawings. There is also a special painting pattern that is pan of the streetscape, together with this landscaping, and you can see it in this board, what we're doing with the striping design that turns the corner here and wraps around the entire site on all corners. We have a substantial amount of retail on the groe:rd floor, facing the Metrorail Station, and along the whole frontage. facing the Metrorail Station, with access to the garages, happening as far back from the side street so that there is no -- from both side streets so there is no breakage of the pedestrian path -- walkway along the frontage to the station. You can see here the plan on the ground floor, with all the loading docks concealed, with access ramps coming from the both sides, as shown here, with residential lobbies coming in from the smaller streets. and the retail dominating the frontage, as I mentioned. And 1 think that summarizes the prniect in general teens. Thank you very much. Vice Chairman Gort: Thank ycu, Mr. Fort -Brescia. Is anyone in opposition to this nem'' is anyone in opposition to this item? OK. We'll close the public hearing. Commissioner Winton, it's your district. Commissioner XVinton: Mr. Chairman. I think this project -- you know, this is a fabulous design. It's right across the street from Metrorail, so, obviously, the use is perfect for the site, because we can bring additional -- I can't imagine we can't add to transit ridership with this project. I would like to request, however, from you all. as it relates to one of the conditions. and that's Miami's first high school. And I understand that that building really is in poor shape, and even Arya Moore Parks is concerned that it can't snake the move. But I can tell you it would he absolutely a crime if Nye let Miami's first high school get thrown in the dump heap. I mean, I just -- that just makes me ill. So, while you all have pro -offered thirty-five thousand dollars (S35,000), which isn't much in the overall scheme of things here in this project size, I would really like to encourage you all to -- and I know there's -- I'm not going to put a dollar amount on here, but I really want to encourage you to open your pockets up a little more and look at every single way YOU can to save that structure. I mean, just let -- Miami's first high school. and that's a big deal, and that should be a big deal to our City. And you all have an opportunity here to, I drink, help preserve some major heritage that 1 think should be preserved in our community. So, I'm going; to -- without trying to ID (Identify) a new number, I'm going to encourage you to open your pockets and do anynhing reasonable to save that property. Mr. Pastoriza: If I could. Kevin Riley is here with us, and he's one of the principals and -- Commissioner Winton: 1 can't hear you. Mr. Pastoriza_ Mr. Kevin Riley is here with us. and he's one of the principals, and he is committed to working with the City to cone to a successful resolution on a move of this property -- the building. Commissioner Winton: Great. Devin, thank ,you. 1 will move the recommendations of staff, with the -- 136 5/24/01 0 • Ms. Slazvk: The modified conditions. Commissioner Winton: —modified conditions. C.mtmissioner Sanchez: Second. Joel E. Maxwell (Assistant City Attorney): Commissioner, could I make a suggestion? Commissioner Winton: Yes, please. Mr. Maxwell: The applicant has indicated on the record, I understand, through communications earlier, negotiations with staff, that these are -- particularly that specific condition is one that you were volunteering. and you wanted to do, as well; is that correct? ,Mr. Pastori7.a: Yeah. Mr. Maxwell: Could 1 suggest, Commissioners that -- Well, are you willing to proffer that in the firm of a covenant to the City'? Ms. Slazyk: Instead of a condition. NIr. Pastoriza: Well, it's a condition to the -- Mr. Maxwell: Enter into a covenant with the City to accomplish those -- Mr. Pastoriza: it's a condition to approval. We don't have a problem putting it in a covenant, that particular condition, no. Ms. Slai.vk: Yeah, I think that would probably be better for you, so it's not tied to the permit. and for the City. Mr. PaSlOrl7a: Well, actually, by the time January 1, 2002 gets here, we'll know what's going to happen with that building. Mr. Maxwell: Well, this would -- Mr. Pastoriza, this would be a covenant that our department would prepare, along with your office, and it would be entered into as soon as possible, subsequent to approval. We wouldn't Nvait on any permit pulling or anything like that. Say in the next 30 days, we'd expect you to do that. Mr. Pastoriza: OK. Yeah. Yeah. Mr. Maxwell: And I would ask, Commissioner, that that be a part of it. Commissioner Winton: Accept that recommendation, and make it a part of my motion. Commissioner Sanchez: As the seconder of the motion, I also accept. 137 5/24/01 Vice Chairman Gott: Thcre's a motion and a second. Vice Chairman Gort: All in favor state by saving ave. The Commission (Collectively): "Ave." Vice Chairman Gort: Thank you. Mr. Pastoriza: Thant: you. Th: following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-515 A RESOLUTION OF THE MIAMI CITY COMMISSION. WITH AT'T'ACHMENTS, APPROVING, WITH CONDITIONS. A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000. FOR THE BRICKELL STATION MIXED USE PROJECT TO BE LOCATED AT APPROXIMATELY THE: EAST SIDE OI' SOUTHWEST Is' AVENUE BETWEEN SOUTH 1 I "' AND 12"' STREETS, MIAMI, FLORIDA, TO BE COMPRISED OF 718 UNITS, WITH ACCESSORY RECREATIONAL SPACE, 17,550 SQUARE FEET OF RETAIL USE AND 1,404 PARKING SPACES; DIRL=CTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being: seconded by Commissioner Sanchez, 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 NAYS: hone. ABSENT: Commissioner Arthur E. Teele, Jr. 138 5/24/01 i • 40 SECOND READING ORDINANCE: AMEND ORDINANCE 10544, CITY'S CONIPREHEI\SIVE NEIGHBORHOOD PLAN, BY CHANGING LAND USE DESIGNATION FOR PROPERTIES LOCATED AT 2744, 2752. 2784 AND 2800 S.W. 7"H STREET FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" (Applicant(s): Roller Investment, Inc.). Vice Chairman Gott: P&7, second reading. Lourdes Slazyk (Assistant Director, Planning and Zoning): The Department recommends approval. This was approved by the Planning Advisory Board. Commissioner Winton: Su move. Commissioner Sanchez: Second. Vic. Chairman Gort: It's been moved and seconded. .loci N1,1.\\.Cll i Assistant City Attorney;). An ordinance. Vice Chairman Gort: is there anyone to discuss this PZ -7? Anyone would like to discuss PZ -7? Being tione, all in favor. state it by saying "aye." Mr. Maxwell: It's an ordinance, Commissioner. Vice Chairman (fort: It's an ordinance. Read it. Roll call. An ordinance entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FuTURF LAND USE MAP OF THE. COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3744, 2752, 2784 AND 2800 SOUTHWEST 7T" STREE"T. MIAMI, FLORIDA. FROM "RESIDENTIAL DUPLEX" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS 1-0 AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, it the meeting of April 20. 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading, by title, and was passed and adopted by the tbllowing vote: 139 5/24/01 i • x , � �� � ,,- ,� ,�� � � � � . �„' 74��ttfp0�' �Toms� Regaladb ° a rig, [( r a � *a � i- ✓ /� y�/y � �t� ri Y v r 'x y s C a�iiti�li Ic Wlft+Od6 t3�o1 x rX�� jn THE ORDINANCEVAS DESIGNATED ORDINANCE Np. 12066. 3 jy� j}(�! y■�� i � Adel iy�liNF ST yy �:+,4 AS3i �` �t� �.+:ti � ��Y d d Y. �AxCr �,, x � . y�''�J` t "S's'tat 4 �..���d r•s .t }. yrt � Y t 1' t.#R S.- •rte 't• Y• 1 ��"+t`5 vzSti+ � ..,. es1 Y�. ar- n.�• £"'� e u x sr ,,rix, �,i if � av x ,i w� Ma,�,'a��"y�,ar��`+n's� s� � ��.. � '�a e L1 t r 7't v z 1 • ,.v ft - +AI3A+„*#nu }� r;, tx+Er ;: �r a*.5; 4+ :;'uFa"'i`� p'Yx �-�'�" t+ .fit •. 2%L �'.r 3.k a i;, a '•t; 1 t, �G, s 1F Yt ' ., t$ F,y , e [ t"�tf . t; -hS c lg4 1. u.4z 'fix 3.t" #�"'- ,h e f p �, � , d' a �'+t"vh 9£l ,f (42%L" k $' p jy' ,r�,y i - ;gn '� 1 r �. � t t; 3 rk,� �•. x e b ^, €�e F J � �Z r t= �.: } .1 i ; 12k a '' c _ - 140 S/24/Q1 1. SECOND READING ORDINANCE: CHANGE OF ZONING AS LISTED IN ORDINANCE 11000, CITY'S ZONING ORDINANCE. ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS. FROM R-2 TWO-FAMILY RESIDENTIAL WITH SD -12 BUFFER OVERLAY DISTRICT TO R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL FOR PROPERTIES LOCATED AT 2744.2752, 2784 AND 2800 S.W. 7TH STREET (App:icant(s): Roller Investment, !ac.). Vice Chairman Gurt: PZ -6. second reading. Lourdes Slaiyk (Assistant Director, Planning and Zoning). The Department recommends appmval. and it was recommended approval by the Zoning Board. Commissioner W111tow So movc. Commissioner Sanchez: Second. Vice Chairman Gon: Moved and seconded. Is there any discussion? Is there anyone in the public who would like to address PZ-8:Read it. Roll call. An ordinance; entitled AN ORDINANCE OF THE MIAN11 CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 33 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 R-2 TWO FAMILY RESIDENTIAL WITH SD -12 BUFFER OVERLAY DISTRICT TO R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2744-2784 SOUTHWEST 7"' STREET AND 2800 SOUTHWEST 7"' STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN 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 April 2G, 2001, was taken up for its second and final residing, by title, and adoption. On motion of Commissioner \Vinton, seconded by Commissioner Sanchez, the ordinance was thereupon givcn its second and final reading, by title, and was passed and adopted by the following vote: 141 5/24/01 E a. .[iw Tomas Regalado kH y. t ,L 9' o .., alts X53 S x i boner Joe r chef x nj � � Sanchaz ' q � oner Johnny Winto> Chairman Wiffedo 06k", None ; yy Fa � Commissioner Arthur £. Teela Ir.a k� THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12067. +14 F X The ordinance was read b title into ` r Y the public t�eootd by the City AttWttoy s� s Vice Chairman Gort: Thank you. Unidantifted Speaker. Thank yQu, z MAIMu 4 •. x A K� 3 tj` i x t Y t+ Ui t1 J sa %� (t �•r, i` k a" a�' :: Rc z xw ?t j s :� ,: a % is ,5x Y r -AA �E 3 . � �' rt �,; N} -s �`�5 '� i `� . TL d^�x'� q�`�+. F' ""a, � �"�s`ti('"W sft %`r . Yi-as4rL 41r"adr,.k,`k ��a h1� "vt�`"{>✓'' k i= o- its#r L sr � t �d4 i T`r :` s t[d ...-;'s 5 h }��"�`ctt•y"� �sl+ �y 't{° ,�MY^'C��e",�! r11� 142 � 42. SECOND READING ORDINANCE: AMEND ORDINANCE 10544. AS AMENDED, CITY'S COMPREHENSIVE NEIGHBORHOOD PLAIN, BY CHANGING LAND USE DESIGNATION FOR PROPERTIES LOCATED AT 323 AND 405 N.E. 19TH STREET; 340, 354, 357, 362, 365, 372 AND 375 N.E. 20r" STREET; 340 AND 360 N.E. 20" TERRACE AND 2010 NORTH BAYSHORE DRIVE FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"! (Applicant(s): The Finger Companies). Vice Chairman Gort: PZ -10. Dena Bianchino (Assistant City Manager): PZ -9, I believe. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -9 and 10 are companion. second reading; land use and zoning change for the Finger Companies property. It was recommended for approval by the Planning: Advisory Board, approval by the Planning Department, Commissioner Winton: So move. Vice Chairman Gort: lt's been moved. Is there a second? Commissioner Sanchez: Second. Commissioner Winton: And I understand they're working -- Vice Chairman Gort: Discussion. Is there anyone who would like to discuss PZ -9? Is there anyone in the public who would like to discuss PZ -9? OK. Read it. Commissioner Winton: And I understand they're working diligently to get us closer to where we were. Thank you very much. Unidentified Speaker: My pleasure. Vice Chairman Gort: Anyone who would like to discuss this item? Anyone? Being none, roll call. 143 5/24/01 Offa m An ordinance entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND IJSE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 323 AND 405 NORTHEAST 19Tt' STREET: 340, 354, 357, 362.365, 372 AND 375 NORTHEAST 20TH STREET; 340 AND 360 NORTHEAST 20TH TERRACE AND 2010 'NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, AS DESCRIBED ON ATTACHED "EXHIBIT A." FROM HIGH DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of April 26, 2001, was taken up for its second and final reading, b), title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading, by title, and was passed and adopted by the following vote: AYES Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny Winton Vice Chairman Wifrcdo Gort NAYS None ABSENT: Commissioner Arthur E. Teele, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12068. The ordinance was read by title into the public record by the City Attorney. Vice Chainnan Gort: Thank you. 144 5/24/01 nR�. 43. SECOND READING ORDINANCE: CHANGE OF ZONING AS LISTED IN ORDINANCF 11000, CITY'S ZONING ORDINANCE, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM C-1 RESTRICTED COMMERCIAL AND R-4 MULTIFAMILY HIGH DENSITY RESIDENTIAL WITH SD -19 DESIGNATED F.A.R. OVERLAY DISTRICT (3.0 F.A.R.) AND SD -20 EDGEWATER OVERLAY DISTRICT TO SD -6 CENTRAL COMMERCIAL - RESIDENTIAL DISTRICT FOR PROPERTIES LOCATED AT 1917-2025 BISCAYNE BOULEVARD; 2010 NORTH BAYSHORE DRIVE; 311-405 N.E. 19TH STREET; 304-391 N.E. 20'', STREET AND 322-360 N.E. 201H TERRACE (Applicant(s): The Finger Companies.) Vice Chairman Gort: PZ -10, second reading. Lourdes Slazyk (Assistant Director, Planning and Zoning): This is a companion zoning, change. also recommended for approval by the Planning Department and approval by the Zoning Board. Commissioner Winton: So move. Commissioner Sanchez: Second. Vice C'hainnan Gort: it's been moved and seconded. Discussion. Anyone in the public who would like to discuss Item PZ -10:' Read it. OK. Roll call. Unidentified Speaker: Thank you. Vice Chairman Gort: Thank you. An ordinance entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 21 OF THE ZONING ATLAS OF ORDINANCE-: NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CI'f1' OF 'MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, By' CHANGING THE ZONING CLASSIFICATION FROM C-1 RESTRICTED COMMERCIAL AND R-4 MULTIFAMILY HIGH DENSITY RESIDENTIAL WITH SD -19 DESIGNATED F.A.R. OVERLAY DISTRICT AND SD -20 EDGEWATER OVERLAY DIS'TRIC'T TO SD -6 CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1917-2025 BISCAYNE BOULEVARD, 2010 NORTH BAYSHORF DRIVE; 311-405 NORTHEAST 19r' STREET; 304-391 NORTHEAST 20... STREET AND 32=-360 NORTHEAST 20"' TERRACE-, MIAJ,11. FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A''; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE- DATE. 145 5/24/01 ■ passed on its first reading, by title. at the meeting of April 26, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading, by title, and was passed and adopted by the following vote: AYES Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny Winton * Vice Chairman Wihvdo Gort NAYS:None AIgSENT: Commissioner Arthur E. Toolo..i�r. S,=� �a THE ORPI VANCE WAS DESiQNAj* DRDINANCE NO.12069. The ordinance was read by title into the public record by the City Attorney, , -17 k 4 :.� 5 2 "� � �ba ✓n"���f'v}i'} Ml-FK"G�)t3'J� �' �J ��x �'�''^..t.'y��h�d�A.r'>as� § kyr r�-. a.}„ 4�. M '4�� ♦ i� a ' � i 4 s -t•. s� t 9 � a r� : S Ay �,� � a a ik^i 3 < � i� �,xt 7 ,. $ r , ��`�"�� a ^> 4 4` i s ' ,v r, � 2 y 3 F�� a a„+.- - z- z-6 h,. r• 4 �, csa s�kr t ,.:_Xe *s�-z*3 ��'�}i`3y p+C *"�kL 3 iy��+ YA 't.? ,t4 t" ,ra t S"i'u.",s, � lr �'�'� 7 F � F' � sWJ''§k-!e�(k1�' ti�S..�r a;l Y'g.. �xt}o-x��11 ,^3b�/"ie3,gk,���9.{3 'M { RafS yr mi -M a, t ; f . �. '� 5 *? r w; t �° a t b. ,•• s S .r' '�.'T x !T Jw }s { 1dj k k ", w € r V3 'tbti j1a.ei �—r&��si?Sak�TX 4Y 1 .•� ,, � : i f u d, 't i z, h }y i�Y t itj. it fr f 14b 5124/01 • 44. SECOND READING ORDINANCE: AMEND ORDINANCE 10544, CITY'S NEIGHBORHOOD PLAN, BY AMENDING THE FUTURE LAND USE MAP BY CHANGING LAND USE DESIGNATION FOR PROPERTIES LOCATED AT 730, 742, 750, 762, 768, 774, 780, 786, 792, 796, 800, 900 AND 950 N.W. 36TH STREET; 3400, 3408, 3414, 3430, 3440, 3454 AND 3516 N.W. 7"H AVENUE; 3541 N.W. 9r'i COURT AND 3590 N.W. 10"' AVENUE FROM "GENERAL i COMMERCIAL" TO "RESTRICTED COMMERCIAL" (Applicant(s): City of Miami Planning and Zoning Department). Vice Chairman Gort: PZ -12. Joel ,Maxwell (Assistant City Attorney): 1 l . Vice Chairman Gort: 11? Mr. Maxwell: 11. Lourdes Slazyk (Assistant Director, Planning and Zoning). PZ -12 is h1r. Maxwell: What happened to I I? Vice Chairman Gon: Do we have 11? Mr. Maxwell: 11. Vice Chairman Gort: 11. Sorry, Ms. Slazyk: Oh, I'm sorry. 11. I jumped. PZ -11 is one of the -- We're the applicant. This is one of our cleanup items. second reading. Commissioner Sanchez: So move, Mr. Chairman. Commissioner Winton: Second. Vice Chainnan Gort: Motion. There's a movant and second. Anyone who'd like to discuss Item PZ -11? Anyone in the public who would like to address Item PZ -11? Being none, roll call. No, read it first. Roll call. 147 ....EVFEN�. 5/24/01 • An ordinance entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 730, 742, 750. 762, 768, 774, 780, 786, 792, 796, 800, 900 AND 950 NORTHWEST 361*11 STREET; 34(x1, 3408, 3414, 3430, 3440, 3454 AND 3516 NORTHWEST 7TH AVENUE, 3541 NORTHWEST 9TH COURT AND 3500 NORTHWEST 10'" .AVENUE FROM "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONI AINING A REPEALER PROVISION ANM A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of April 26, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner "'inion, 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 Sanehe7 Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None ABSENT. Commissioner Arthur E. Tcele, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO, 12070. I'hc ordinance was read by title into the public record by the City Attorney. 148 5/24/01 45. DISCUSSION REGARDING BRICKELL BAY VILLAGE DEVELOPMENT PLAN. Vice Chairman Gort: Lourdes, I wanted to ask you a question, because at the board meeting of the DDA (Downtown Development Authority), the other day, something that is coming back is the plan that we adopted in 1996 for the Brickell Village. And as these developers cone in front of us, a lot of them are minor items that could be implemented as part of these, especially in the public risghts-of-way. Lourdes Slazvk (Assistant Director, Planning and Zoning): Yeah. Dena Bianchino (Assistant City Manager): Mr. Vice Chairman -- sorry. I've asked staff to start looking at that plan. and we also have sonic DRI (Development Regional Impact) fees that have been generated from that area that we may be able to use and set in place some improvements that would be. I think. just what you're looking for. Flee Chairman Gan: Great, because part of what we want is to make sure that we create a pedestrian ambiance. so people will be out on the street. Thank you. 149 5/24/01 46. CONTINUE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE NO. 10544, COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING DESIGNATION AT 501 N.W. 30TH STREET FROM "RECREATION" TO "MEDIUM DENSITY LMULTIFAMILY RESIDENTIAL." 1 Vice Chairman Gort: PZ -12. Lourdes Slaryk (Assistant Director, Planning and Zoning): PZ -1? is a second reading, another one of the Commissioner Sanchez: So move, fir. Chairman. It's a cleanup item. MS. Sla7yk: Yes. 'ice Chairntan Gon: There's a motion. Is there a second? Commissioner NVinton: Second for discussion. Vice Chairman Gort: Discussion. Commissioner \Vinton: If you look at the aerial -- I had this discussion with Anna, and I told her I was going to bring, it up, anyhow. If you look at the aerial. this is a -- I don't know how this property clot there, hCCBIISe it's in a park. .And it seems to me that what we're doing here is institutionalizing now, forever, that use. You know, sonneday, down the road, somebody just might tear that building down. And If WC havrl]'l rezoned it. I don't -- Maybe they can't rebuild whatever it is that's there. So -- but if we institutwnalire the use, then. forever, it will be a commercial or some sort of property that's -- Ms. Sla/yk: Yeah. It's actually residential. Let me explain. This is under private ownership, and if it were to remain park, even if the building were to go away, in private ownership, there aren't private parks. Park is a category more for when the land is I government ownership. 1 -- Commissioner Winton: But it's zoned reercatit�n Ms. Sla?yk: 1 thunk that the park -- 1 don't -- and this, I don't know, but if it's in private ownership now and there's a pan around it, it could have inadvertently been zoned park, and that's why we're cleaning it up now. But it is in private ownership, and a parks and recreation zoning category, even if the building wen to ,o away. doesn't make sense. So to zone it and land use it for what it is today and no more makes more sense than to go to a category that's completely unusable for private ownership. They can't do anything else with it. Commissioner Winton: So you're saying, that you don't know the history, so -- But what if it was originally zoned -- Ms. Slazyk: No. 1 don't know how it got into their hands. 150 5/24/01 • Commissioner Winton: What if it got built -- What if it was really zoned recreational, and it got built improperly? How do you know that that wasn't the case? Ms. Slazyk: I don't know how it was sold to a private entity then. If you'd like to continue it, what 1 can do is go back to our oldest of the zoning atlases and see if I can trac^ the history for you and ftgnre out. But I know that today, it's in private ownership, and it's a residential use. Commissioner Winton: Right. I understand that, too. Ms. Slazyk: Yeah. I'd request a continuance and I'll get the history for you. Commissioner Winton: OK, great. Thank you. Vice Chairman Gort: OK. Do I have a motion for continuance? Commissioner Winton: So move. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Regalado: Second. Jocl Maxwell (Assistant City Attorney): Which meeting do you want this for, Lourdes? Ms. Slawk: To the -- June 4`h? Commissioner Winton: Whenever you want it. Mr. Maxwell: Well, we don't know when that's going to be. Ms. Slazyk: June 10' . Vice Chainnan Gort: Yes. Commissioner Sanchez: As the maker of the motion, 1 withdraw the motion. Ms. Slazyk: Ob, there's only one meeting in June? Commissioner Winton: Yeah, there's only one meeting. So. Ms. Slazyk: OK. June 14'h. Commissioner Winton: Fine. Vice Chairman Gort: OK. The motion has been withdrawn. Does the seconder of the motion withdraw that motion? 151 5/24/01 0 • RECEIPT DATE: October 23, 2002 SUBJECT: Minutes of the May 24, 2001 City Commission Meeting. MAYOR DIAZ VICE CHAIRMAN WINTON COMMISSIONER GONZ.ALEZ COMMISSIONER SANCI iEL CHAIRIMAN RFGALADO COMMISSIONER TEELE 0 a Commissioner Sanchez: Yes, sir. Vice Chairnian Gort: OK. Make your motion. Comr—issioner Winton: To continue to lune 14"' Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none. all in favor. state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO, 01-516 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ -12 (PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE TO. 10544, THE COMPREHENSIVE NEIGHBORHOOD PLAN. BY CHANGING DESIGNATION AT 501 N.W. 30T11 STREET FROM RECREATION TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL) 'I'O THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JUTE 14, 2001. Upon being seconded by Commissioner Regaiado, the motion was passed and adopted by the following vote: AYES: NAYS: ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny Winton Vice Chairman Wifredo Gort None Commissioner Arthur E. Teele, Jr. 152 sn4/01 47. SECOND READING ORDINANCE: AMEND ORDINANCE 11000, CITY'S ZONING ORDINANCE, BY AMENDING ARTICLE, 9, SECTION 917, TO PROVIDE FOR PARKING REDUCTIONS FOR MULTIFAMILY DEVELOPMENT WITHIN COMMUNITY REVITA.LIZATION { DISTRICT (CRD) AREA (Applicant(s): City of Miami Planning and Zoning Department). Vice Chairman Gort: PZ -13, second reading. Lourdes Slazyk (Assistant Director, Planning and Zoning): Second reading for the parking reductions in the Community Revitalization Districts by special exception. Commissioner Winton: So move. Commissioner Sanchez: Second. Vice Chainnan Gort: It's been moved and seconded. Any discussion? Anyone in the public who would like to discuss this item, PZ -13? Read it. Roll call. 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 917, TO MODIFY THE PROVISIONS FOR REDUCTIONS IN PARKING TO ALLOW REDUCTIONS FOR MULTIFAMILY RESIDENTIAL USES IN COMMUNITY REVITALIZATION DISTRICTS (CRD) SUBJECT TO SPECIAL EXCEPTION, CONTAINING A REPEALER PROVISION AND SEVERNB1LITY CLAUSE. AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of April 2G, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez. the ordinance was thereupon given its second and final reading, by title, and was passed and adopted by the following vote: AYES Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny Winton Vice Chairman Wifredo Gon NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12071. The ordinance was read by title into the public record by the City Attorney. 153 5,124/01 SUIRMT. i 448. SECOND READING ORDINANCE: AMEND ORDINANCE 11000, CITY'SZONING' ORDINANCE, BY AMENDING ARTICLE 17, SECTION 1706, TO MODIFY PROVISIONS RELATED TO NOTICE REQUIREMENTS FOR SUBSTANTIAL MODIFICATIONS TO MAJOR USE SPECIAL PERMITS (Applicant(s): City of Miami planning and Zoning Department)` ` Vice Chairman Gort: PZ -14, second reading. Lourdes Slazyk (Assistant Director, Planning and Zoning): This one has to do with required -- notice requirements for substantial modifications to major use special permits. Commissioner Winton: So move. Commissioner Sanchez: Second. Vice Chainnan Gon: It's been moved and seconded. Anyone in the public who would like to address PZ - 14:' Read it. Roll call. 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 17, SIECTION 1706, TO MODIFY THE PROVISIONS FOR NOTICE REQUIREMENTS FOR SUBSTANTIAL_ MODIFICATIONS 7'0 MAJOR USE SPECIAL PERMITS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING; FOR AN E.FFECTIVEDATE. passed on its first reading, by title, at the meeting of April 26. 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading, by title, and was passed and adopted by the following vote: AYES Commissioner Tomas Regalado Commissioner ,toe Sanchez Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: Notre ABSENT: Commissioner Arthur E. Teele, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12072. The ordinance was read by title into the public record by the City Attorney, 154 5/24/01 ��I FM 49, FIRST READING ORDINANCE: AMEND SECTION 62-123(C) OF CITY CODE ENTITLED "PROCEDURE FOR APPOINTMENT," TO PROVIDE FOR REAPPOINTMENT OF INCUMBENT MEMBERS, INCLUDING ALTERNATES OF PLANNING ADVISORY BOARD AND ZONING BOARD, WITHOUT PUBLIC NOTICE/APPLICATION PROCESS (Applicant(s): City of Miami t Planning and Zoning Department). Vice Chairman Gort: PZ -15 has been deferred. Lourdes Slazyk (Assistant Director, Planning and Zoning): 15 was continued, right. PZ -16 is an amendment to Chapter 62 of the Code, in order to provide reappointment to incumbent members, including alternates of the Planning Advisory Board and Zoning Board, without public notice or application process. This is if they've already gone through the application process and have been appointed, they're incumbent members that they can be reappointed without going through that all over aeain Contmissioner \','inion: But it still has to come here, right? Vice Chairman (:tort: Yes. C'ummissioner Sanchez: Yeah. for final approval. Ms. Slazyk: You still have to do your appointment, but they don't have to go through that whole -- Commissioner Winton: So move. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and seconded. is there anyone who would like to discuss Item 16? OK, roll call. I mean read it. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE V OF THE CODF. OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "ZONING AND PLANNING/APPOINTMENT OF MEMBERS AND ALTERNATE MEMBERS OF THE PLANNING ADVISORY BOARD AND ZONING BOARD" TO PROVIDE FOR REAPPOINTMENT OF INCUMBENT MEMBERS, INCLUDING ALT: RNATES, OF THE PLANNING ADVISORY BOARD AND THE ZOtiING BOARD WITHOUT FI;LFILLING THE Il,BLIC NOTICE AND APPLICATION REQUIREMENTS OF 62-123(a) AND (b); MORE PARTICULARLY BY AMENDING SECTION 62-123(c) OF THE CODE; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 155 5/24/01 • 0 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 Sancti .z Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None ASSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Gort: PZ -17 was called for a time certain at 5 o'clock. 18 and 19 were deferred. Ms. Slazyk: The only one we have is the one that you tabled for Lucia. Vice Chairman Gort: Is she back yet? Ms. Slazyk: I don't know. Vice Chairman Gort: Is Lucia back yet? We'll recess until 5 o'clock. THEREUPON. THE CITY COMMISSION WENT INTO RECESS AT 4:34P.M. AND RECONVENED AT 5 P.M., WITH ALL MEMBERS, EXCEPTING COMMISSIONER TEELE, FOUND TO BE PRESENT. 156 5/24/01 0 0 i 50. CONSIDERATION OF APPROVING CLASS 11 SPECIAL PERMIT NO. 01-0074 FOR THE STREETS OF MAYFAIR IN ORDER TO ELIMINATE 48 EXCESS PARKLNG SPACES I REOL'IRED UNDER CLASS 11 SPECIAL PERMIT NO. 93-2362 (SEE #38). Vice Chairman Gori: Is she here? `r'ou're going to do it! OK. PZ -5. Excuse mc. Can we have only one meeting, please'' Hello". Lourdes Sla7-yk (Assistant Director, Planning & Zoning): PZ -5 is a Class It Special Pemjit. Originally, it was issued as permit 93 -22362 for the Mayfair. Streets of Mayfair. The original Class II had a condition that was attached by the City Commission that the applicant provide parkin;,, at a rate of 250 spaces, which was 48 excess spaces than what the Code required 7 hosr 4S spaces were spaces that were not really there; that they came into the Coconut Parking "Trust Fund tor. Now, this here. Class Ii special permit. 01-0074 was a request by the Streets of Nlaylirir to modify that original Class Il special permit in order to eliminate those 48 excess parking spaces. The Planning and Zoning Department has recommended approval of that Class 11, with a condition that it come before the City Commission for the actual final approval. because it was a condition that was unposed by the City Commission. In our lindings in review of the Class 11, ivc tbund that the govemtng factors of the times have changed. The uses of the property have chanted, the theater has been closed, and now we do have the parking garage for the Village C'cnter has been built. These changes and conditions warrant an approval of the requested release of the excess parking spaces. Therefore, we would recommend, with your appro\ al, that they be released. Vice Chairman Gori: OIC. �'es, ma'am. (;logia Velasquez.: Gloria Velasquez, with lam, offices at 1221 Brickell Avenue, representing, Streets ol' Mayfair. We agree with department's recommendation to release of 48 spaces, The only additional factor that 1'd like for the Board to consider is that the negotiations to look at the nem and surrounding factors, as to why this release is necessary or is justifiable. The negotiations began hack in May of last year. We submitted an application, when there was finally a determination of what the process would be, of how to release. these 48 spaces, and we applied tar in December 27th of ?000. It took approximately an additional three months from that point for the process, again, to detennine should it go to the City Commission or what the process would be. So, it's taken a long time. That's why we're asking for the Board to consider the retroactivity from the date of application, whiell was in December. 1 originally had stated on !hc record that we wanted from the date of the garage opening, but I understand that there was sonle dISCUSSlOn from the time of the actual application. But to justify this retroactivity, I'd like, you know. atain, reiterate to the board that these negotiations began in the summer. I don't know if there was a process that the City was comfortable with. We weren't really sure, and that's why ue'd like for the Board to consider that when you make your decision. Vice Chairman Gort: OK. Commissioner Winton. Commissioner Winton: Staff, what's the impact -- 1 don't understand what it means if we do retro... 157 5/24/01 Vice Chairman Gort: Retroactive. Commissioner Winton: Yeah, 1 understand what retroactive is. But what's the impact`' Vice Chairman Gort: Yeah, I know. Ms. Slazyk: What it means is that the excess 48 spaces that they have been paying into the trust fund, if you make the approval retroactive to that date, then they don't pay from that date on, instead of from today on. And that's something the Department of Off -Street Parking, you know, that thev collect. It has to do with the money since they are paying... Commissioner Winton: UK. So -- but I understand that, you know, government or quasi government has been able to collect, but the fact of the matter is that the payer into this fund -- their use changed a long time ago, and because it takes us a long time to get things done, is it really right. in my mind. for us to --just because they couldn't get through it process that takes us all a lon;- time to get through, 1 mean. should they really be -- is it unreasonable to request a retroactivity back only to December? And, from my viewpoint, that doesn't sound irrational to mr. Su. I need to hear %vhy that isn't or why that is irrational. Sorry. Art Noricua: Art Noriega, Executive Director of Miami Parking Authority. We administer the trust fund. The application was filed in December. There is a process -- a procedure in place, that, if you request a reduction in spaces, you apply -- a determination is made. In this particular case. it's earning back before the City Commission because of a rendered decision that was made seven. eight years ago, but normally we would reduce the number of spaces that were required, in terms of pay to the trust fund, at the time of the determination by the Zoning administrator. That was done in March, We've already applied the reduction as of April l st. So, we've already gone retroactive to the Zoning administrator's determination. Every other prior application follows that same procedure. So, any decision on your pan to go back to December would really be setting a precedent. Vice Chairman Goil: OK. Joel E. Maxwell (Assistant City Attorney): Mr. Chairman? Vice Chairman Gort: Thanks. Yes, sir. Mr. In retro -- when a request is made for an ordinance, particularly a land use ordinance, to be retroactive, the question that must be asked by the legislative body is whether or not it will disturb any vested rights. What I'm hearing Mr. Noriega say -- and he can elaborate on that -- is that this may be certain rights that are vested, as far as I could determine, that would only he in Off -Street Parking at this point. It wouldn't he in this City. So, unless they are willing to waive those rights because there may be bonding implications or something;, you know, surrounding; that, I would suggest to you that, if there is any retroactivity at all, it go back no further than they are willing to agree to. 158 5/24/01 1111101 , 0 Commissioner Winton: Art. how long -- if the applicant says they started this process of negotiation in May of 2000 -- is that not right" Ms. Velasquez: That's correct. Commissioner Winton: So -- and I forget what she said. Something, happened in December. which 1 don't remember what... Ms. Velasquez: We actually -- we finally determined which way to apply. Hoy+, to reduce these 48 spaces. Contntissioner Winton: With whom were you negotiating since May" A1s Velasquez: I believe it was with the Department of Off -Street Parking. Mi. Slaivk: No. Well. there were two processes. They started a reduction request with the City for shared parking between different uses. We don't hair anything -- the Planning Department doesn't have anything to do with the DOSP (Department of Off -Street Parking) request to ne__otiate. The application that's before you now is the one that was filed in December, and -- so k\ c weren't involved in any negotiations before that, nor can we negotiate reduction of spaces, a reduction of fee based on reducing spaces. That's why it's here now. I think -- what took a while to figure out «'as what was the best way to get that reduction because it was part of a Class 11 that had conte to the City Commission, and the City Commission should be the one to release it, not the Planning Department. Commissioner Winton: Ul4'ell, I'm going back to the side of private sector. that's paying ►honey to `_overnment. and that's what they've been doing. 'They had a change of use. They came to gmetnmettt in May, Now, the fact that nobody could seem to figure out how and give them Instructions in terms of how they get out from under a government tax that they shouldn't have to he paying anymore, because their use changed, doesn't seem to me that the private sector ought it) be penali/ed because we can't give them very clear, concise instructions in terms of what they need to do to Let out from under that payment. So. I don't understand what could take from May to December. If we can't -- you know, it seems to me when they started in May, we tell them, you know, our use changed. We don't want to pay anymore. And it sounds to me like what happened is then we all couldn't figure out how to make this all happen, whether it ought to be this A. B, C. or D, and they shouldn't have to be penalized if we can't figure out exactly what to tell them to do with their use change. They shouldn't pay the fee anymore. So, I don't think this request w go back to December is base -- based on what I'm hearing, is unreasonable at all or -- I mean, that's -- you're really taking private sector dollars, that we shouldn't he having anyhow, and we should have had a way to figure that out a long time ago. hir. Noriega: i don't necessarily disagree with you. We weren't involved, at all. in teens of the determination of the final number of' spaces, as it relates to the waiver. All 1 can base my decision on or my recommendation, to the City Commission, is that the application was filed in December, the Zoning Administrator sismed off on it in March, and we agreed, in terms of the Coconut Grow Parking Advisory Committee, who was involved in much -- had sort of an 159 5/24rO 1 �T�ristt 0 • extensive discussion on this issue. agreed that once the Zoning administrator silmed off on it, that we would reduce the amount as of April 1st. Commissioner Winton: 7 his sounds absolutely classic government. Vice Chairman Gort: Make a motion. Commissioner Winlon v motion is to -- and as a City Commission. City Attorney said we can't direct, but I'm going to certainly encourage. And my motion is to accept the recommendation of staff, with the modification that I'm also going to encourage strongly Off - Street Parking to consider the applicant's request to make this retroactive to January 1 of 001. Mr. Noriega: And I'll accept that recommendation and, in turn. defer them directly. since it -- the Coconut Grove Parking Advisory Committee is the advisory committee to that trust fund, that they appear ixfore that committee and let that committee make a decision, and I'll defer to their decision. Fair enouvii? Vice Chairman Gort: There is a motion and a second. Mr. Maxwell: Commissioner... Vice Chairman Gort: Commission -- second. Discussion. Commissioner Winton: The City Attorney has something to say• Mr. Maxwell: Yeah. 1 --what Mr. Noriega .just did was duct: your question, Commissioner. If anvone is going to challenge. at all -- the DOSP (Department of Off -Street Parking) are the only ones with vested rights here that I can determine. So, are you saving that you have no problem with it being -- what day are we talking about? December, January? You don't object to the Commission makine this --" Mr. Nonega: January 1st, No. What I'm saying is, we administer the tuud, but we act, I would say, primarily on the recommendation of the Parking Advisory Committee -- that's why it's established to act in an advisory capacity for that fund. We administer -- well, we have final say. liut I'm going to defer to their advice. That's what they are there for. Commissioner Winton: But who put that advisory committee into place? Who are they responsible to? See, this is more government -- this is classic. Absolute classic. The poor private sector. I mean, this is awful. Vice Chairman Gort: There is a motion. Is there a second? Commissioner Winton: Well, I'm not done, yet. This is getting; worse, not better. Mr. City Attorney, that advisory committee really works for the City of Miami, is that correct or not? Mr. Maxwell: It's an agency -- it's a committee that has members appointed by the City, but they 160 5/24/01 act um... Commissioner Winton: And the final authority to make this decision rests with Off -Street Parking, is that what 1 just heard? Mr. Maxwell: The Off-Strect Parking is -- the decision rests with you all. but what I'm advising you is that, it'vou make an ordinance retroactive, and it divest someone of vested rights -- in this particular case, it's possible that Off -Street Parking could allege, at some point, that the nmonies that thcv lost -- that the income from that fund, which, I think, eventually end up there, could affect their bonding capacity in some way... Commissioner Winton. They are not saying that. Mr. Maxwell: But what he's -- he's not saying anything. You're right. C'otnmissioner NVinton: And what he's -- but what lie's sayine further is that the real vested right is with that committee. not with Off -Street Parking, and that committee is an atm of the City. So. it seems to me that any resolution can actually require it. 1Ir. Maxwell: I would disagree with Mr. Noriega its to where the vested interest is. It's not what that... Commissioner Winton: Well. you need to decide that because 1 want -- if it's with the City, then it seems to me that i could require it. if it's with the committee, I can require it. If it's with Off - Street Parking -- Mr. Nlaxv�cli: it's Off-Strect Parking. Commissioner Winton: -- then I'm recommending.. But I would like to make a motion that essentially says that if -- and you guys can determine this later -- but if it has to go before that -- if Mr Noriega wants to take it back before that committee, then I'm saying that this Commission is demanding that the retroactivity go back to January 1. So, if you go back to the coni nittec, but tilt: decision is made. The C'ommission's made that -- in my motion, the Commission's has made that decision. If there is sonic technical reason or legal reason that you're describing that says, the real decision rests with Off -Street Parking and. so, therefore, I can't absolutely direct, then 1 would change my motion to reflect. simply, that we're encouraging Off -Street Parking to nmakc this decision. Mr. Maxwc1l: 1 think it rests with Off -Street Parking; in the final analysis. Commissioner Winton: Then if it rests with Off -Street Parking, then what I'm going; to say is that, Art, you can go back before the committee, but if the committee makes the decision, other than the one that I've just recommended, then I'm going to bring this decision back to the Comnissiun for redress, because \vc do make the decision about that money. That is an atm of the 0tv. 161 5/24/01 0 • Mr. Maxwell: Well, Off -Street Parking is an agency of the City of Miami. They make the decisions regarding their expenditures. of course. with their own board of directors. Commissioner Winton: Then you're more... Vice Chairman Gort: Well, you know, Johnny... Commissioner Winton: Joel'' Johnny? Vice Chairman Gort: Commissioner Winton, No. Commissioner Winton. I'm trying to give you some... Commissioner Winton: We have some experts here that ought to be able to tell me exactly what to do here. Blows my mind. Vice Chairman Gort: I understand. Mr Maxwcll: Whut you have is a -- your motion to -- you could make it retroactive to whatever date you like. What I'm doing is telling you potential legal consequences of that. If you make it retroactive for January, that's fine. If they want to challenge -- if they have legitimate basis for chulienge, it would cone in the form of having been somehow a divested of funds that they had relied upon. Commissioner Winton: My motion is to accept the recommendation of the City staff, and require that this be retroactivity back to January 1. Vice Chairman Gun: There is a motion. Is there a second:' I think Regalado seconded that motion. Seconded by Sanchez' All in favor, state it by saying "aye." The Commission (Collectively): "Aye." 162 5/24/01 • The following resolution was introduced by Commissioner Winton. who moved its adoption: RESOLUTION NO. 01-517 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING CLASS 1I SPECIAL PERMIT NO. 01-0074 WITH CONDITIONS, AS A SUBSTANTIAL MODIFICATION OF APPROVED CLASS II SPECIAL PERMIT NO. 93-2362, ISSUED BY THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND ZONING TO THE "STREETS OF MAYFAIR" FOR THE PROPERTY LOCATED AT APPROXIMATELY 2911 GRAND AVENUE. MIAMI. FLORIDA, TO ELIMINATE- FORTY-EIGHT PARKING SPACES REQUIRED UNDER CLASS 11 SPECIAL PERMIT NO. 93-2362. EFFECTIVE RETROACTIVELY AS OF JANUARY01. 2(9)1, ALL. 1N ACCORDANCE WITH AND PURSUANT TO SECTIONS 602, 1301, 1305 AND 1300 OF ORDINANCE NO 11000, AS MENDED, 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 followir,e vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Jolutny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Arthur E. Teele. Jr. Vice Chain -nun Gort: OK. Ms. Velasquez: Thank you. Commissioner Winton: Thant: you. 163 5!24/01 51. GRANT FXCEPTION AN—Y'k-EVERSE ZONING BOARD DECISION WHICH DENIED SPECIAL EXCEP'T'ION AS LISTED 1N ORDINANCE 11000, CITY'S ZONING ORDINANCE. ARTICLE 4, SECTION 401, SCHEDULE- OF DISTRICT REGULATIONS, TO ALLOW MINI - STORAGE FACILITY FOR PROPERTY LOCATED AT 5201 S.W. ST" STREET (Applicant(s): Orlando Gomez, owne, for Gables Edge Investments, LLC.). Vice Chairman Gort: Itet:l 1 AliVOlie who is going to testity in any of tltr zoning matters that has not been s\yorn in, please stand up to he ;worn nn. Anvonc that's going to be testifyinv, needs to stand up and be sworn in. Mr. Clerk. NOTE FOR TIIF RECORD: A7 THIS PONT. THE CITY CLERK ADMINiSTERL-D REQ11RED OATH UNDER C'ODL SEC7'1Oti 6'-1, IO THOSE PERSONS GIVING TESTI-MONY ON ZONING ISSI' FS. Lourdes Slazyk (Assistant Director. Planning and Zoning): PZ -17 was continued front the last City ("111imission meeting in order for the applicant and the -- or the appellant and the neighbors 14) nicet to dI5CUS5 it, and they're here in report on the meeting and the item. Vico C'hainnan Gort. OK. Rohin l.uhacs. Mr. Chairman and honorable nicinbers of the Cumniission, my name is Robin Lukacs, on hchalf of the applicant. Gables Edge Investments, LLC, for approval of an application for special exception tinder "zoning Code r-1 of the City of .Mlanii Zoning Code and Section 946 fora public storage facility on the propelly to he located at approximately 5201 Southwest 6`i' Street. Before you are various exhihits provided by the applicant, which arc elevations, overheads and an area snap which shows relative approvals of residents in favor of this application. At the moment. I'd like to introduce to you the prnicinal of Gahles Edge Investments. which is Orlando Gomez, Jr., and lie would like to address the C vmniissiou. l*d like: to reserve sonic time for my presentation, a closing, and possibly cross-exaniination of any of the \\ itticsses that may be testifying in opposition of tills application. Thank you. Orlando Gonic/� Good afternoon, Commissioners. It's a pleasure alWays to be in front of you. My name, a_,am, is Orlando Goniez. I am the principal owner. developer of the application beforr you. It has Lv:iys been our approach to things to try to use a good neighbor approach. When we came beton you Iasi time, it was evident that we hadn't dune our homework, and it was time to get out there and start canvassing the neiohburhood, and letting the neighbors know exactly what we were putting up. ply wits, who is much better looking and has a much calmer personality was responsible for doing that. She walked out She %\ ent door to door, and she took a set of drams ings with her, and she answered everywhere she could. ati be -St she Could Whatever the gi.106011s A -ere or the concerns were. In the process of doing that, we got people that were for it, and we had people that were against it, and we had people that had absolutciy nil opinion, in either direction. When we acquired all the signatures, many of those people asked us whether -- they wanted to -- \y4 needed for thein to he here before you. .And I know that having a cro\Nd of people standing behind us, wearing the same color T-shirt always has an impact, but we f--lt that dicit ti,;wlliuurc% oil the affidavits that wc,.'re ioiny, to be submitting into the record were sufficient to show that a preponderance of the neWhhors have are in favor of the project, and are willing, to give us an opportunity to provide the quaht-, facility that we intend to put up. From the moment that we submitted our application, we immediately went hack to a redesign that cost us over 35 percent increase in our 16,3 5/24/01 IZIIIjFZ! hudoet, in order to completely comply with every recommendation or suggestion that %%-as made b%• the Planning Department. We have done that. We have put forth exactly what they requested. and we're here today with their recommendation. We did not spare a penny. We did not say. "but, or, can wc," we did not. We did exactly what they asked us to do, and that's the product you see in front of you today. M'e're very sensitive to the fact that this is on one of :he City's main corridors. .end we also understand that this also borders the Gables. And with that in mind, we used a Mediterranean motif. If you look at the building the way it has been designed, it's nearly impossible to tell what the use fur that facility is unless you know specifically that it is a mini storauc. It looks exactly like an apartment building, like'a medical building, like an office building or a hotel. You would not be able to tell, just from the design, what the use of this facility is. 1 can also tell you that the use that we intend to provide here would have the most minimal -- again, I stress -- minimal impact to the neighborhood, based on all the other uses that I just mentioned. 'File parking requirements reflect the fact that these facilities do not require a lot of parkin.:. because there is not a lot of traffic. "These are people that go once a month. They go stock their merchandise. and they leave it there, and they wait until they're either going to move and rernm e it, or they're going to use it for whatever it is that they're going to use it for. We understand that we have some Opposition fioni our commercial neighbors directly to the east and directly to the west. Right after the last ineelm2. I approached him and 1 asked them exactly what his concern was. And he told me that he thought that tliis was a stagnant six -story building that would block the view to his facility. 1 tried to v:.plaid to hini that from the moment that we designed this facility, we had that in mind. That's why -- Look at the drawings I've highlighted in yellow where we have set back where our building is adjacent to our newlihor's property. Any thought that we are blocking their vision right now or we'd be obstructing their vision -- If kae used any of the other proposed uses that are already zoned and permitted. there we could bring our :acility right up to within five feet of the property line, and there, we would definitely be harmin_ and blocking the view to his facility. i understand that mini storages provide a service, a needed service. But we don't consume pizza. Arid unfortunately, that's what he does. He sells pizza. Directly to the cast of us. we have a supermarket. And the supennarket is saving that we're going to be causing an impact io traffic in the neighborhood. And, to the contrary. the only traffic impact in that neighborhood is being produceei by that supermarket. They have trucks lined up on 52"a Avenue at all hours of the nwrnin�, into the afternoon. They use the public alleyway at the rear of their facility to load and unload produce and various items into their facility. Our facility is self-contained. Anyone coming to our facilitN has to conic into our facility in order to access and he able to service and use our facility. So the thought that we are going to he increasing or providing truck traffic that is there now, is incorrect. Again, l want to 11401k you, and 1 want to emphasize that what we are trying to do is to bring a quality product that provides a needed service into this lie)ehborhood. C'ontntussioner Sanchez: MT- Chainnan, I have one question. Vice Chairnian Gori: Go ahead. sir. C'oniniissioner Senclicz.: The entrance to the business, is it on the main corridor, or is it on the avenue? MY (10111e7: 'They Colne in on the avenue, and they conte out on the main -- on Southwest 8"' Street. C'onvrtissioner Sanchez: OK. Commissioner Regalado: Excuse tile. Where do you enter the building? 165 5/24/01 OURAM.,[ 0 • Mr. Gomez: Off of 52"`' Avenue, along the side of the street. Commissioner Sanchez: So you won't be coming in from 81h Street into. That would create a problem. Mr. Gomez: No. We exit out the other way. Correct. Commissioner Regalado: Have you considered any retail in that building on the first floor? Mr. Gomez: We're looking to make this strictly a storage facility. The use of the retail, or incorporating retail would only beg a greater impact to the neighborhood, itself. And we are sensitive to that. and have chosen not to select that. Obviously, we're also limiting an income stream that we would have by doinz that. But we have chosen to Sive that up, as a good neighbor, in order to provide the most minimal impact to the neighborhood. Commissioner Sanchez: This does not fall under a special district overlav or -- Ms. Slazyk: What was the question" Commissioner Sanchez: This doesn't fall under a special district overlay? Ms. Slazyk: No, no, it doesn't. Commissioner Sanchez: OK. Commissioner Regalado: Excuse me, Lourdes. There was an ordinance brought to the Planting Board, l think, last 'ruesday, regarding Southwest 8'F' Street, from -- Ms. Slazyk: Yes. Commissioner Sanchez: 27`h to I-95. Commissioner Regalado: -- 271h to 1-95. Ms. Slazyk: To -- yeah, about I" Street, 1 think. Commissioner Reealado: And a little more, right. Ms. Slazyk: Yes, just a little more. Commissioner Regalado: In that ordinance, do you allow public storage? Ms. Slazyk- It was modified the night of the Planning Advisory Board 20 allow it as an accessory or upper level, not rnt the ground I1oor, frontage use. It would have to have some kind of active pedestrian -oriented uses, such as most of these public storage facilities have some kind of a little retail store where they sell 166 5/24/01 the supplies. And if it were designed to he open toward the street. with the public storage behind and above, that would have been deemed acceptable. Commissioner Sanchez: So I want to understand. What is the difference between 27"' and 52"`1 Avenue? What is the criteria? Ms. Slazyk: Well. the way the ordinance reads today, they were allowed to apply for this. And -- Commissioner Regal ado: I understand that. But you changed— you are trying to change from 1-95 to 27"' Avenue: is that correct?'! Ms. Slazyk: That's correct. We have not studied west of 27"' Avenue with enough detail to determine the character and the uses, and that would be another study. This one was a quick overview of 8"' Street up to 27"" Aycnue to begin to require the class two special permits and design review for that segment of 8''' Street. And west of'27"' has not been studied yet. Commissioner Regalado: But what is the criteria? Because we just said retail will harm the neighborhood. What is the criteria that you use from I-95 to 27'h Avenue to say you will allow public storauc if they have retail on the first floor? .Ms. Slazyk: From 27'" Avenue up to downtown, there's a more urban character on 8'h Street. The farther West you go, the more lower density, residential nature is there. What we're trynng to promote on 8`h Street -- and also. if you saw Ibr Coral Way -- was the urban pedestrian nature, and making the ground level somethings that is pleasant for pedestrians to walk across, and not be disrupted by blank walls and by uses that are not appropriate for the ground floor of these urban pedestrian streets. West of 27"' Avenue, the character changes. It's a lower density residential character. 8"' Street is still a commercial corridor, but Nye haven't studied in detail west of 27" . But it does change characters at that paint. Commissioner Regalado: OK. Now, how about -- So it is a residential area. So what about the residents? Last time you were here, there were some issues that the residents addressed. Have you spoken to them'? Have you resolved those issues with the residents'.' Mr. Gomel: As I stated earlier in my presentation. we went out and met, and before you, we have 56 letters in favor of our facility. Commissioner Sanchez: Can I see them? Can I see them? Mr. Gomez: Sure. 'ice Chairman Gorr: Give them to the Clerk. Joel Maxwell (Assistant City Attornev): Commissioners, just for the record, again, you know, that inforniation should not be the basis for any decision. Commissioner Regalado: No. But the fact that there were some neighbors made the Commission -- 167 5/24/01 Mr. Maxwell: Those issues vou're talkine about. Vice Chairman Gort: You do have some opposition. Commissioner Regalado: -- to defer this item for a month. Mr. Maxwell: Right, to study what -- Commissioner Regalado: So I think it's a legitimate -- Mi. Maxwell: No, no. That -- I understand, Commissioner. What you're asking about arc the issues that the neighbors raised, and whether or not they had addressed those issues. And what I'm talking -- which is quite legitimate. He was about to pass out affidavits from the neighbors. and the Commissioner asked to see those. That's what 1 would suggest to you is not relevant to these proceedings, the number of people that might he in agreement with the application as opposed to those that may be opposed. That's not relevant. Your question, Commissioner Regalado, is relevant, whether or not those conditions were addressed. Commissioner Regalado: )'call. That's the whole thing I'm interested, whether the issues that were raised here were resolved. Mi. (ionicz: Let me address it as best as 1 can, Commissioner. The use and the design of the facility never changed. What we did vvas explained to them specifically what the project entailed. Unfortunately, ltnerr arc some people who are against it that were feeding this information to the neighbors. .Attd there's nothing, worse than having incorrect information. Once we sat with them, we showed them the plans, we explained to them that this is for residential use, we explained that this is a fully air conditioned facility, k explained that the greatest storage space is 20 square feet, and that the majority are 4 -by -5, 4 -by -4; that tilts is for that hjcycic you haven't ridden in ten years, and it's sitting around in your garage, and you need to part; your car in the garage. This is for that extra couch that you have no place to put. That is xvhat we explained to therrt. From the get -go, we tried to incorporate not only all the recommendations made, but We incorporated what we fell would be the minimal impact, would cause the minimal impact to our ,neighbors. And just expounding on what Commissioner Regalado had asked, I didn't say that the retail use down below would hurt the neighborhood. What I was referring to is that it would cause greater impact by having: -- If you had a -- let's say a cafeteria. where people were coming in just to pick up coffee. some pastchtos to go, that would create more traffic, which is what we're trying; to get away from. We'rerunning, a mini storage, and that's what we're trying to do. Vice Chairnnan Gort. Commissioner, we have some opposition. Let's hear from tilt opposition and listen to the attorrtev. Mr. Lukacs: Commissioners, for the record, 1 would like to proffer to the -- for the record and to the City Clerk the originals of tlne levers that were just referred to, copies of which have been handed out to the C'onutnission. the City Attorney, City Manager. These are letters of residents in the district in favor of the approval of this application for special exception. And it is the position of the applicant that these approvals are pertinent to these proceedings. 168 5/24/01 hlm r. Maxwell: Mr. Chairan Vice Chairman Gort: OK. Yes. Mr. Maxwell: As cowasel very well knows, the City of Apopka case, this is not a plebiscite. The number of people that are in favor or opposed to this is totally irrelevant. There is substantial case law to suppon that. Mr. Lukacs: I'm not familiar with the City of Apopka case, but I'm presenting -- Mr. %,lax%%ell: Well, sir, that's the case that stands for that proposition. Mi. Lukacs: I'm presenting these documents to support of the applicant's statements of the residential character and the approval of the neighborhood for a facility of this size. It's also indicative of the character ofthe neighborhood for the beneficial use and service of•the residents of this facility. 'ice C'hairmun Gon: OK. Thank you. 14'e have those in opposition. Luis Rodriguez: My name is Luis Rodnguc7. I reside at 5151 Southwest 7'h Street. I live approximately 300 sect from the proposed structure. I am against the structure for several reasons. 'This business really dors not belong in this t}pe of neighborhood. It belongs really in an industrial only arca, And as far as the increased traffic, the area cannot really support any other increased traffic with the supermarket that is existing there richt now. The area, by being closed off, will increase even more traffic. It will create an overflow for the neighborhood and parking for the employees that are of the neighboring supermarket, businesses, ct cetera. It'll just create even more problems. The increased crime that will come with this type o1' facility, it being closed and being basically unmanned. It provides basically no employment for ally residents of the City of Miami. The size of the structure is just simply too large. There's hasically nothinv, iietwcen 27'h Avenue and the Palmetto that exceeds these six stories or is close to this. My properly value, along, with my other residents, will he seriously affected. I have my entire life savings in my home. Neat of all, prospeenve merchants that you folks spent millions of dollars as Commissioners to approve the improvements to Southwest S'h Street would want to put some type of structure like this on a main thoroughfare, that really just deters other businesses from just coming here, and really just says nothing to me. I wouldn't want to put a business there if you put a mini storage facility there. And I'm sure that a lot of other merchants, if they're aware of this, wouldn't decide to relocate their business to Southwest S'' Street. They'd relocate elsewhere. The business previously was a gas station. And my colicer•n also is that this facility may he contaminated. I don't know if you've addressed this issue previously ur should continue to address this, continue. I haven't heard anything from the individuals regarding any possible contamination or cleanup, or et cetera. Vice Chairman Gorr. If you recall, the last meeting -- Nlr. Rodriguez: 1 do. Vice Chairman Gon: --our staff told us that they could not get a permit if they didn't have contamination -- 'that's something they have to have proven. 169 5/24/01 Mr. Rodriguez: I'd like to also mention one thine Vice Chairman Gort: Sir, they have to have proof that there's no contamination before they can get a building permit or do anything in there. anyone that goes in there. OK? Mr. Rodriguez: OK. I'd also like to mention one thing. Two weeks ago. I saw a loader there digging. Now, I'd like them to please explain what the loader was digging -- digging a hole on the property, and a fence that went up within the last two weeks. I don't know if you're am -are of that. I have no idea why they were digging a hold in there. Right now, it must be like a 20 -by -20 -foot hole on the property, full of water, and sand, and who knows what. One more thing. And to close this, I mean. 1 also own investment property in the City of Coral Gables. I don't know if they have addressed the issue that we. as residents in this area have sheds or outdoor storage facilities. We have no use for this facility, really. If they would really walk around and take a head count, which is irrelevant, like the gentleman said -- this is not like a popular vote, whether we want it or not -- it's totally inadequate to build this type of facility in nib netehborhood, in the City. It just deters -- decrease property value to your tax rolls and business to Southwest 8'"' Street. Thank you. Vice Chairman Gort: l.et me ask a question. I was just reminded by the Clerk. Were you all sworn in to test i f v? .Mr. Rodriguez: 1 wasn't sworn in. Vice Chairman Gort: OK. Anyone that wants to testify needs to be sworn in, if you not were sworn in before. So Mr. Clerk. Mr. Maxwell: Including the gentleman that was just speaking. NO.1'E FOR THE RECORD: AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER CODE SECTION 62-1, TO THOSE PERSONS GIVING TE•STI.MONY ON ZONING ISSUES. Vice Chairnman Gort: Thank vou. Text. Mr. Max�%ell: Could I ask -- ,Mr. Chairman. Mr. Chairman, excuse me. Could 1 ask the gentleman to identify himself again, and indicate that -- Mr, Rodriguez: My name is Luis Rodriguez, and 1 reside at 5181 Southwest 7"' Street. Mr. Maxwell: And the information you just gave, would you -- Is that information that you would like to be under oath, as well? Mr. Rodriguez: That information is correct. Yes. Vice Chairman Gort: Thank you, Mr. Rodriguez: Thank you. 170 5/24/01 M Offim • Vice Chairman Gort: Next. Natali Leon. Good afternoon. My name is Natali Leon, and I am in opposition of this building.:. First of all, 1 want to mention I'm about ten feet -- it's in my backyard, basically, ritiht ten feet from my backyard And I am trving to raise a son, and he plays in the backvard. I don't want this size of a buildine in the backvarti where my son is going to be playing. It loses the sense of community that ..e have there, sense of family, and I'm in opposition of this. And that is my concern. Vice Chairnman Cion: Thank you. ma'am. Nest. Mano Garcia Good afternoon. My name is Mario Garcia. I live at 5192 Southwest 7"' Street. I'm avainst the structure heinu placed on Southwest 8"' Street for numerous reasons. First of all, the traffic congestion. Southwest 52"'' Avenue, between 7'-� Street and S"' Street, as is today, with the supermarket located at the intersection, the traffic is horrendous. Based on my prior experiences with other storage Gicilities, hasicaily time one located on Southwest S"' Street and 6"' Avenue. Biscayne Storage. I worked in that area as a law enforcement capacity. I do work for the City in that capacity. I worked in the area, and the lacilit" is similar to this. Obviously, it's not as pretty as this. It's all concrete walls. But h meen Southwest S`1' Street and '"' Street, on 6" Avenue, traffic there is horrendous. And it's tite same type of sloragc facility that they're vouching for. for your approval. I'm totally against that. One is traffic. And secondly, the amount of traffic going in and out of the facility will not -- the street will not hold or be able To permit an adequate flow of'traffic in and out of that street. because there's no space, due to the fact of the 18 -wheelers that park on 52"" Avenue. Monday. Tuesday, Wednesday, "Thursday. Friday. 1'nm .totally against it. I'm also doing an addition to my house, which is costing me -- Vlcc Chaim an Gort: What's this about the 1 9 -wheelers? Mr. Garcia: 15 -wheelers that park right smack on 52" Avenue, due to the tact of the grocery store. That is horrendous in that avenue. Horrendous, to this date. I don't want any more traffic in that street. I don't want w he driving around on nmy own car, having my car blocked in by IR -wheelers, to have a structure as pretty as this that could he an eyesore within. I don't want that in my neighborhood. 1 have lived there for over 225 years. I'm doing an addition to the house, which is almost finished. Fill spending thirty-five thousand dollars ($35,000) on that addition. To have this pop up out of nowhere, totally against it. Needless to say, also, the crime, crime will increase when you have a facility that's not manned, just an alarnm system. We all know it's going to be burglarized. Biscayne Storage, on Southwest li`h Street constantly gets burglarized. Why? Because it's unmanned after 6 o'clock. 7 o'clock at night. 1 respond there numerous limes, not only for burglaries, false alarms, but also for illegally parked vehicles. I don't want that in my neighborhood. I live right adjacent to that facility. 1 don't want it, and I'm totally against it. Thank you. Vice Chairman Gort: Thank you. sir Next. (jeorge Bernal: Good afternoon. My name is George Bernal. 1 live on 621 Southwest 52"`t Avenue, right in the corner, right in front of this gentleman here. I'm opposed to the structure for the reason that it's w•av too hig like everybody else has said. It's really an eyesore. From my house, I could see the corner perfectly, And K"Street is very beautiful now, thanks to all the remodeling and all the lights and 171 1I/Ilj�.i 5/24/01 everything that's done there, and 1 think it mould be a really bad eyesore there. 1 don't think the siructrnc is really tailored to out side of the street. which is City of Miami. but it's more tailored to the Coral tiah)L'S side. On the Coral Gables side is -- right in front of that proposed structure is apannlent buildings. And there's several apartment buildings on the Coral Gables side, which I think the structure is tailored for those apartment buildings, not for our side. which are all homes. Everybody in our side' has sarig:es. lawns, sheds. So 1 really don't thunk: that the structure is tailored to the homeowners on our side And like 1 said. it's not a retail facility. 1 don't think it's going to bring any more jobs to the area. I don't think it's going to basically cnhancc thr area more than with it not being there. Thank you very much. Vice Chairman Gort- Thank you. sir. Next. Ramiro Riyeia: Good c"cliing, Commissioners. Here we are again. I'd like to thank everyhodN that cattle out. i really didn't expect this many people to come out. My name is Ramiro Rivera from Maulde PILLa. 5_241 Soutltwest 81" Street. I'd like to thank everyone that came out today. Again. I, too, canvassed the neighborhood over the past fe%k days and spoke to the neighbors, and got signatures. You know im stance on this, and how I feel about this. And basically, they've said everything. I'r'e said up until nkm (Wel till' past ?wo Commission hearings that have conic up until today that this type of facihity doesn't tit in ou►• coiltniunity. it's not a positive impact oil our community. It's not going to brim: anythinc to our cunlnn.alily, 01her thall a 511x-siory coIlcrete building. ('onlnlissioner RCLalado's suggestion ofretail space. outstandin . Housing, even better. These are thriving entities that bring people hack and forth into the community, nonstop, day-in and day-out. And this is .vhat Wli Street needs more than ever, to continue its iecotcryprocess. 1'd like to bring something -- bring a point up. rhis is going to be a nonstop process S" Sired is going to have to undergo some type of reconstruction as far as the properties ort R" Street And this siuciv that was done should he done from 27'h all the way to the Palmetto, without a doubt, because ii you go door, the street, you'11 notice that most of the properties are anywhere front 50 to bQ percent yacaiit. And the property owners are going to have to at some point in time conic to the reali.•iltiun tha? thins aren't going to charge. and they're going to have to provide parking for these retail spaces. Aird tile, only way they're going to he able to do that is to go up. .And 1 think there should he a linllt [11011-111 about bring; placed on llo,& fur they can go tip to continue the aesthetic the conlniunity, .just to continue keeping the community the way it's been tip until today, and not overwhelin it as has been done in Coral Gables. They allowed all these huiidings to conte up. Now, what's the community doing today:' They're screarning about it. They don't want it anymore. They're regretting; their decision. And that's what's going to happen here if \ye allow these multi - you know, six, seven, eight, nine, ten story buildings on Southwest S`' Street. So. absolutely. 1 think the future of 8"' Street should continue to he thought of. and considered and studied, because there's going to conte a point in time where this real estate i., ,uoing to have to do something; about the parking. They can't rent spaces if they don't -- they can't rent retail spaces it' they don't have parking spaces to provide for the customers and for the employees. Sc they're ening to have to go ill. And a lot of these buildings are going to have to change. Su there should be some hind of standard set and thought about now, so when it does conic, you know, we're ready for it, and the impact on the community is a positive impact, not a negative impact. I think the building, in closing, speaks for itself. It's bringing nothing to no one, absolutely no one in the contnlunity. 'fhaltk you. Vico Chairman Gort: Thant: you. OK. You have a few minutes for rebuttal. 172 5/24/01 IDI1jM • 9 Mr. Gomez 1'd like to address the comments that were bronght up. And if there's a consistent comment that's been brought up by every single on; of the objectors, it has been the fact that there is traffic, traffic, traffic. And you know what the sintilc source of that traffic is'' Atroca Supermarket, across the street. This is a non-operating structure at this time. This structure has no business taking place there right now. And they are describing the traffic that is heine generated across the street. There's no reason for IS - wheelers to he stopped on 52"' Avenue. There is no reason for cars to be parked illegally on 52"" Avenue. 1 here is no reason for tills officer's house: and driveway to be blocked by vehicle., visiting the supermarket. The source of the problem here is not us. The source of :he problem here is existirli; ahead}. The solution that we're hanging to is self-contained. The parking that we're providing for our facility exceeds the requirement. And, yes, the structure does speak for itself. It is a beautiful structure. It I's designed to keep with what is the future of Southwest S i Street. Direct!%- to the west of our facility. there :s a new rix-stor}', 00 -unit apartnterit building that's going, to go up. And we consider each and e:ycry ono of those apartment buildut renler� clients of ours, because, unfortunately, they will not have a shed Tlte% evil( not have a garage to order to put thoir items, and these are items that they've saved all (heir Jtfe for that their -- all their family savings are in. So in closing, again, we try to be as good neiehhors as ►vc possibly can. If w•c were to build a ntuseunt, we would have objectors. If we were to huuld a hotel, which pan he built right no►►, six stories or more, it would still be the same mass. But at least tilts Nva}, yotu don't have peopie looking into► your backyard, seeing that your son is playing there. and possth!} a pedopinic in the building. That's something that would not happen. I have three children of my own. and I knowthat they're the most important things in our lives. And I wouldn't do something that 1 felt would impact anybody else's child. So we believe that what we're hrincing forward is both a benefit to the City, in that it is now a three million dollar (S3.000.0001 tax base that we will be taxed that we submit to the C.'ity's coffers. It will employ personnel. It will employ people who have -- moving trucks and ntoving agencies that will he coming into our facility to unioad. So in closing, I want to thank you ane I \yant to thank the neighbors. I thins: this is a democratic process. And they have to come and make their views known. We tried to do the sante. We tried to alleviate the concerts. This is not an industrial t:agility. This is a residential mini Storage facility. No industrial use ►gill be placed here, nor is it allowed. Once attain, 1 want to thank you. I want to hand it over to my attorney for a moment, just to let 111111 dot t}te "I's" and cross the "T's, to make sure we ha►e everythitte covered. And we look for a til arable reconintendation and vote from the Conuttission. Vico C'hainnan Ciort 'I hank you, sir. Next. Mr. Lukacs: Very briefly. I'd like to indicate that we're sitting here today in a quasi-judicial fashion, reviewing the decision of the Zoning Board. Thcre is no competent, substantial evidence in the record at any level for a denial of file application for the special exception for use of the propeny as a public storage fAcilrh'. I MF facility is pemtitted under the C' -i Zoning Code, and it only need meet the requirements of the Planning, and Zoning, Department to Inc sure that it enhances the character of'the neighborhood. AN of the recommendations and requirements of the Planning and Zoning Department have been ntet by the upltiicant. There's nothing that's been asked of the applicant that they have not done. So they stand here before you, according to your own rules and regulations, in all compliance with those, with this facility. It should be approved. The building at 5171 Southwest 8"i Street will he higher than this building that's bein- proposed at 52" Avenue and 5`'' Street. Again, the present property has been vacant for over five years. s will he a beneficial use. And ►►itlt regard to properties fronting this, they're all commercial. The residential would be to the north and the rear of the facility_ 'Chank you. 173 5/24/01 • Vice Chairman Gort: Thank you. We now close the public hearing. Comments from our hoard members Commissioner Regalado: Mr. Chairman, 1 introduced a motion last meeting, and then we gave them time to talk to some of the issues with the neighbors. I don't have any problem to denying the appeal But I've got several questions ,hat 1 hope that some of the neighbors would be able to tell me. If we were to deny the appeal for that building;, what are they going to build there. Could they build a motel. like they're doing on 67"' and 8"'? Brand new. but a motel. So I'm concerned «ith the are. I think that. unfortunately. Southwest R"' Street is the victim of the circumstances, because we have a lot of ntanpo\% interests that have worked on part of Southwest 8"' Street, but we haven't looked at the other part of Southwest 8'1' Street. And that's very unfortunate. i would really like to see retail in that area. And I'll tL:li you w11y. Because the. retail part. if it were to he built, would be fronting Southwest S' Street, and *,Berg 1{uuld be people coming and going. My experience -- and I know that area. I drive by that area at least f011, butes a week. maybe more -- is that in the -- the problem that we have to terms of trucks and traffic cornes from La Arroca. If you all remember, there have been sonic Code Enforcement issues with L" rroca and Scdano's, also, in 47`t'. And we had talked to them, and the have even fined then), because A of the uses of the alley. I don't iwow, Mr. Attorney. Can we approve something with conditions' Mr. 1taxwell: Yes. sir. Cununissiunrr ftckalado OK. \Qr tylaxwell \Vith reasonable conditions. Commissioner Sanchcz: But Commissioner Regalado -- ('onlntisstoner Regalado: Wait a minute So my conditions are two. Number one, the neighbors have to really see that there is no danger of any pollution, whatsoever. I understand that DERAI (Department of Lnviionntental Resource Management) would not issue a permit on the former gas station if they don't do a rcnudv, or study or whatever they do. But this has got to be more public. The second condition is that they ha\ e to do retail on the first floor. And if -- I don't know why that is not possible. That has been requested on Southwest 8"' Street cast of 27'' Avenue. And the reason for retail is that all the traffic will he ort Suutimest 8` Street 'The traffic will not he diverted to the other areas. And people is always a crime deterrent. Su 1 think that it's important to have retail in those kind of buildings. I am really concerned with a building with no people, because it attracts homeless in the area. We have had in Pego Land and other businesses problems with homeless in the alleyways. The police have been very aguressiyc un this, blit still, they conte hack. We had a problem with the homelt:ss living in the hack of a building in 551 1 Southwest 8"' Street, an office and clinic, and we had a situation where the police had to use t()rCC'. because lie wits very aggressive. Su 1 am very concerned about a building with no people. And the reason that that homeless decided to live there because that's -- 5511 is an office building. It closes at 5 and it opens at 9 o'clock. So I think that it would be great for Southwest 8V' Street and for the neighborhood to have this kind of retail, because 1 just don't know what else we can do in terms of building in that lot. As we said before in the last meeting, originally, it was an apartment building that was going to be built there, and I don't know what happened to that plan. So that would be some of my suggestions 16r any kind of approval. I don't kno%v. The other board members, what do you think? Fire Chainuan Gort: Commissioner Sanchez. 174 5124/01 Commissioner Sanchez: Mr. Vice Chairman -- Did you propose any motion. Commissioner Regalado' Commissioner Regaiado: Yeah. I propose a motion to accept the appeal with the conditions. One, condition number one, there has to be a fill remedy to any and all contamination and exposure or whatever, and clear information to the residents that the land is totally clean and safe. And the second condition is retail in the first floor. Now. as to the number of floors. I don't kn(n%, because 1 don't know the economics of this project. 1 don't know how this would work. If you were not going to do retail, then I would suggest that you go down in height. So instead of six floors, they would So down, if there were not any retail. So that is the choices that me, personally, as the Commissioner in that arca is giving to them, 1 would leave them, because they know the money that they're investing. They know the business So it's either retail or the height of the building, itself. Mr. Muxwell: Before you vote on -- before you address that issue, Commissioners, you may want to hear from the Planning Department ou your retail condition. And I suggest you do that. Vicc Chairnman Gort: I'd like to ask a -- 1 think a couple of questions has conic out of here. In this location. \%hat can be built there, and how high can it go'? Ms. Slazyk: This location is -- Vice Chairntan Gort: And what uses can be built here? NIS. Sla7vk: It's a C-1 zoning, so anything allowed in a C -l. That includes residential, office, hotel, retail. Actually -- yeah, by special exception, it'll even go into the used car sales, new car sales, vehicle rental facilities. Lverohine in C -l. The list is extremely long, but anything in C-1. Some are permitted. Sonic are conditional. Vice Chairman Gun: Height limit. Vis. Slazyk Unlimited. But there is a 1.72 FAR (floor%area ratio), so that will stop ,you, depending on the size of your Property. Vice Chairman Gort: 1.7 FAR. Ms. Slazyk: 1.72 FAR. But unlimited height. Commissioner Sanchez: And my question would be: Does this prgject meet all those requirements? Ms. Slazyk: It meets everything. It just needed the special exception for the individual review, you know, case by case review, I'mclentified Speaker: Doesn't that have problems with parking? Ms. Slazyk: Yes. I know. That's what I was going to tell him. 175 5/24/01 Commissioner Sanchez: Mr. Vice Chairman, if I may. Commissioner Regalado, your motion would be with conditions that, one. the property be free of contamination. Two -- Commissioner Regalado: No. No. no. The condition is -- The property has to be free of contamination. That, I mean, you know, because if not, you can't build. Vice Chairman Gort: 'They have to. They won't get a permit if they don't clean it up. Mr. Maxwell: They're going to have to do that, anyway. Commissioner Regalado: I'm talking about guarantees to the residents that the land is clean and that the lund is safe. That is one of their concerns. And a very logical concern it is. .And the second, and the second condition is it's either you do retail or you go down in height. That's the condition. T1s. Slazyk: OK. Yeah, I didn't understand that, and I was actually going to ask for a clarification. I didn't know if you wanted retail at the eround floor or the lower height. And now 1 understood it. Commissioner Regalado: You know, we have to -- they have their numbers, and they have their investors or, you know, they're poing to put the money. So it's either one of than. And I explained the two situations, you know. Tile retail, it brings people. People do not allow most of the time for crime to happen So that's a guarantee for the neighborhood. If they are not willing to do that or they cannot do that, theta they have to go down. Ms. Slazyk: t)k. What I was going to say was on the retail, that will increase their parking requirements. Vice Chainnan Gort: Right. k1s. Slazyk: The way this building is designed right now, the parking is all inside on that ground level interior. which means that it would change the building completely. It wouldn't be this building. They would have to find a way to accommodate the required parking for the retail. And that means it wouldn't look like this. It would have to conte back as a substantial modification, because it would he different. Commissioner Regalado: Then they have the other option. Commissioner Sanchez, Mr. Chainnan. Vice Chairman Gort: Yes, sir. Commissioner Sanchez: 1 think we're veering a little bit off course here. I think that, you know, we are a quasi-judicial body here, that we must listen to -- yes, sir. Mr. MamN ell: I'm sorry. Commissioner, you asked if there's a Second to the Commissioner's motion? Vice C'hairrtan Gort: It hasn't been seconded, but the motion has been made. Mr. Maxwell: Did he move it'? Yeah. 176 5/24/01 �I�It)jlt� Commissioner Sanchez: i would not second it with those conditions. Commissioner Winton: Well. I'll second for discussion. Commissioner Sanchez: Well -- Vice Chairman Gon: Second for discussion. Commissioner Sanchez: Would you yield? Commissioner NVinton: Huh:' Commissioner Sanchez: Would you yield for me? C'ommissioner Winton: Yes, absolutely. Commissioner Sanchez: Like I stated, i think we're veering a little bit off course here. You know, the are it quasi -Judicial. and we must listen to both sides and make our decision on what we consider to be competent evidence on the issue. You know, we talk about the special district which is going up on 27"', cast. The reason why that district is being designed, to protect the character of the road. And it clearly labels out sonic businesses that are incompatible or shouldn't be in. But you have to have sonic type of rule in place that prevents those businesses from not entering, or the ones that are there to be grand- fathered in. Right now, as it is, there isn't any law or any stipulation to a law that cannot prevent such building to go in. So we have based our opinion -- we think -- we're like judges up here. We listen to both of your opinions and then we make our decision based on the arguments made. Some of the aygunicnts made here, you know, traffic -- 1 wrote them all down -- shadow, the building doesn't fit in -- that's not considered competent evidence in this case. And when you look at the character of the building that's being made, whether it's questionable or not, it does fall within the laws that are stated now for the Cite. It is approved. It comes approved from our Planning and Zoning. And those are issues that we need to take into consideration. Traffic -- I mean, one of the issues that -- I listened to both sides, and I've Rot to eive both sides credit -- is the applicant made valid rebuttal statements, saying that the traffic on nearby businesses and stuff were not their fault. And one of the other statement -- other issues that are being said here, if you Nverc to put commercial in the bottom, that's going to increase more traffic. It's going to increase more people. The character of the building, well there -- you say, well, it doesn't fit in. Wcll, right now I -- after listening, to both sides. I don't think that that's a valid argument to make in this case Whether Commissioner Regulado will snake the motion f'or a -- to put the bottom commercial, you kno\%. Fill willing to entertain that. But basically, now, on the arguments that I have heard, I do not think that there is a valid argument for or competent evidence for denial of this project. 'that's just based on the decision, hearing both sides on the argument here. That's just my opinion. Johnny, you made the second. Mi. Maxwell: Before the second is made, Mr. Chairman. Vice Chairman Gun: Yes. 177 5/24/01 important. 1 will tell you, the way the building is. the way it's designed. the Mediterranean and the architecture, I don't see anything prettier than that or better looking than that building. in there. Accordin to my understanding, they can build a motel. They can build anything in there that can create more traffic. They can have apartment buildings that can create a tremendous traffic flow in that area. 1 would not be in favor of that motion. Commissioner Regalado: OK. So there is no -- Vice Chairman Gort: I don't know if they can comply with what you're asking. Commissioner Regalado: I'm sorry? \'ice Chainllan Dort: 1 don't know if they can comply with what you're asking. Commissioner Regalado: No -- Vice C'hainnan Gert: I mean. what you're requesting, the zoning_, you might as well deny it, because what's going to happen is they're going to have to change the whole structure. (. omillissloner Winton: Well. not if they conte down one story. Commissioner Regalado: fill sorry? Commissioner Winton: They won't necessarily have to change the whole structure if tile)' conic down one story, as you've requested. Let me -- Mr. Chairman, and I've sat here and listened to this, and I've asked the Planning Department. They pointed out the zoning atlas, and this problem exists all over the In tact, I'm going to focus on a recommendation after Svc vote on this that goes along with something: Commissioner Regalado recommended earlier, and that is a thorough study of Soullivvest g" Street, period, because this is a large structure that is built literally right up against an R-I zoning, single - family residential zoning. That's not his fault. That's not the developer's fault. That's government's faUlt, bCCaUSe we're creating -- "we" -- somebody created a long time acro -- we certainly had nothing; to do with it. It happens on Douglas Road. It happens in a lot of places where you literally go from high-rise development right into somebody's backyard. And I've said this from day one. If you want to destroy values, you nllm% that kind of development to go on. Commissioner Regalado: You have it in Coral Way, too. Commissioner N intoe: Yeah. And so it's an issue that we really need to seriously address as fast as we can, so that we can set in place a new standard that Lives the development community the appropriate direction, so they can develop appropriate uses that don't always come in conflict with residents, because this is always going to be in conflict. And so we're sending the wrong message to the poor devolopnlent community that they can build something that's absolutely going to be in conflict with the quality of residential neighborhoods. So it is a problem. Commissioner Regalado's recommendation that you bring, the height down, there is sonic logic to that as it relates to impact on the neighborhood, bocause the lower the structure, the testi the impact is on the homes that are right behind it. And so -- 179 5/24/41 • 0 Mr. Gomez: If I could address that, Commissioner. Commissioner Winton: Sure. Mr. Gomez: We have taken that into considerati-n. The way the building is designed, this is not a staunant six -story building. This building stair steps its way down in four stories adjacent to the neighbors directly to the rear of the property, and it escalates as it moves forward onto S`" Street. We -- C ommisstoner Winton: 1 forgot about that, too. Mr. Oontcz: YOU know, we took that into consideration. And with respect to Commissioner Regalado's request, abviousl",. the property must comply with DERM and EPA before any kind of a building permit can be secured. And we have no problem with complying with that. The problem with the second part of your motion is that if we change the design by going to a retail, we can scrap the plans for what we have right herr. You know, the use was determined on the viability. It's all cents and dollars, what can be put on that piece of property that can best serve the value of what we've got in it. We have sacrificed part of %%hat \%e had by improving the product that we're giving you, and going above and beyond what, von know, n c felt or estimated at the time that we purchased the property. To change the scope by including retail down below would do two things. One, first, it'll just fall to the hands of the neighbors where there %%I]! hr a traffic issue now. We will now then be also a traffic contributor, which is something; that we're trving to stay away from. .And secondly, that's not the business we're in. We're in retail storage, and that's %% hat this was designed and prepared for. And I know that to try to incorporate that on this particular site is going to he an impossibility for us. And we'd have no -- at that moment, we'd have no Choice but to go find some other use that we would not have to come before this body to get approval on that would be automatically allowed by code right now. Remember, we're here .just for a special exception. We'rc not asking for any kind of variance, any kind of height limitation, setback changes. We ha\c complied to the letter of your code and South Florida Building Code, and that's what we've done here. The only thing we're here is to get the ntbber stamp of this board on the fact that we have complied with everything that is required with respect to a special exception. Vice Chairman Cort: OK. Commissioner Regalado: Well, I'll tell you what, 1 still think that you can go down. And if that is the way that you have designed that, by reducing your height in the back, fronting the residents, then you can do it. The other thing that I would request -- and let's forget about the retails, you don't have the parking requirements and all that -- and we have done that, and people have done that in other addresses -- is as you exit your building through the back, you can't turn right. You have to go left. And this will avoid triflic ibr 52 "` Avenue and 71' Street. And it will not br hardship for anybody, because it would bring you to Southwest 8"' Street. N11'. Cion1e7: That is the way it is designed. You're looking at it backwards. The exit off of the building is directly onto 8'' Street, and that is a right turn only, so there will not be a backing up of traffic of someone trying to turn left, going east onto 8'1' Street. Traffic will go directly right, right onto Southwest S", Street. heading west. C Crim ssioner Regalado: So the exit will be on Southwest 8"' Street. 1sO 5/24/01 Mr. Gomcz: On Southwest 8''' Street, correct. Commissioner Regalado: Well, so you will go down in the back. Mr. Gomez: It is already designed that way. We have already incorporated the drop, the drop in the height along the rear of the property and along the side of the property. As a matter of fact -- (INAUDIBLE COMMENT) Mr. Gomez: Correct. And as a matter of fact, one of the corner parts is just open air. This is something we'd like to have for. you know, tenants who get there and want to sit down, have a coffee, you know, as thcy'rc getting ready to leave. They've unloaded, have a, you know, refreshment before they go out. We've provided that. So it's a nice park within a building. All the comments that you're making, Commissioner, %e took them to heart before we drew the first line of this project. And after we sat down with all the wonderful people in the Planning and Zoning Department, we took all of their recommendations. There wasn't a single recommendation that was made -- The comment was: We've never had a set of plans come back where you've complied with everything. We had no exception. We had no ifs, ands or buts. And we lowered and did ever)qlung to where we are actually operating on a shocstrtn-. Any modification to where we are square footage wise is just not going to make the numbers work. C'ontrnissioner Regalado: OK. So I still think that you can go down. So I am very concerned about this, and not because of you. 1 mean, you are trying to do the best, and you have your economic. But I'm concerned, because, you know, you have people in the administration saving that you can't do this in one part of Southwest st" Street, and that you can do it in another part of Southwest 8"' Street. And that is -- it troubles me eery much that we are separating two areas of the City. So I -- But I would move to approve the appeal. And I would request -- .Mr. ivlaxwell: Well, we have a motion -- there's a motion on the floor, and it's been seconded. C'onvnissioner. What did -- Commissioner Regalado: Oh. Mr. 14taxwcll: Yeah. You need -- if you're withdrawing that, that motion, the original motion? Commissioner Regalado: Well, I would eliminate the retail thing on the first motion, but I would maintain the second condition of them reducing the height of the building. Mr. Maxwell: So the motion would be for -- is it five stories instead of six? Five stories. Ms. Slazyk: rive stories along 8"' Street. Commissioner Regalado: hive stories, yes. Ms. Slazvk: Because it's already four in the back. So just five on 8'h Street. 181 5124/01 Vice Chairman Gori: There's four in the back already. Mr. Maxwell: So that would be -- Vice Chairman Gort: You're saying the back part is four stories high? Ms. Slazyk: Ycs, yeah. It steps back. The Wh Street frontage is six, and then it steps back. Where it abuts the residential, it's four already. Vice Chairman Gun: There's a motion and a second. Any further discussion? Commissioner Sanchez: Johnny, do you accept:' Commissioner Teele: What does that motion do in terms of all of the other infrastructure? What arc you going to do? Are you going to reduce the parking, too? Mr. Gomez; Commissioner, if we had to reduce it by one -- Commissioner Teele: No, no, I'm not asking you, sir. �It. Gomez: I'm sorry. Commissioner Teele: I was asking Commissioner Regalado. I mean, arc you just going to do the five, go from five to four and leave everything else like it is? Commissioner Regalado: Well, they say that the parking is inside the building. Commissioner Teele: But if you're going to reduce by one fifth the size of the building there, you're goinQ to -- Commissioner Regalado: They can -- Commissioner Teeie: See, the problem that 1 have with this kind of motion is the thing that I'm always talkine about, like in Watson Island and all this other stuff. When you start redesigning these buildings, you've got to redesign the whale thing all the way through. Sometimes, it's not as easy as just taking off a flour. And if there's parking associated with the number of square feet, then -- it's a little bit more than that. And i just -- I can't support -- I want to support what you want to do, I think, but I don't want to start caning this thing up and chopping; it up, up here. Commissioner Regalado: And I don't know if -- the parking is by how many square feet? Ms. Slazyk: We'd have to look at the plans to see how many square feet would get knocked off on the sixth floor. But it would probably reduce the parking by one? Unidentified Speaker: By one or two. QII1IIsi 182 5/24/01 Ms. Slazvk. One or two, the parkin; requirement. Commissioner Teele: One or two spaces? Ms. Slazyk: One or two spaces eliminated in the requirement, which was still part of the building arca. Maybe that could be more storage units. 1 don't know. Mr. Gomez: Commissioner, with all due respect to you and the board, if we are mandated by your motion to eliminate one floor out of our design right now, I can tell you, we could fold up and end the discussion right now. it would make the project financially unfeasible. As I stated, we are at a borderline operation right now, as it is. by making the reductions in the height as was recommended. And we went ahead and did that. .And the impact that we are creating to the residential at the rcar has been minimalized by dropping that to four. We could have opted to five, and we didn't. We opted to four, and we moved the front up towards 8" Street so that we would minimalizc that. I just wanted you to take that into consideration when making this motion. Commissioner Regalado: Well. I tell you what. I'm afraid of what is coming there. I really um really sorry for your predicament. But I'm afraid that if we don't do this, something else is going to come there. because it's an empty lot. It has been empty for so many years. So I'll just move to approve the appeal. Commissioner Sanchez: Call the question. Are you going to second it? There was already -- Wasn't there a motion already and a second? Mr. Maxwell: There's a motion and a second on the floor, I think. Commissioner Teelc: Call the question. Mr. Maxwell: But he -- Commissioner Regalado withdrew his first motion. Commissioner Winton: Is modifying his original. He's modifying his original motion. Commissioner Rezulado: Yeah. Mr. Maxwell: That's correct. Commissioner Winton: And so I will second. Mr. Maxwell: So the motion now on the floor would be -- Commissioner Winton: I approve the modification. Mr. Maxwell: This would be a motion to reverse the decision of the Zoning Board and grant the special exception us requested. Are there any conditions at all? No conditions. Commissioner Regalado: No conditions. 183 5/24/01 Mr. Maxwell: Other than Planning Department conditions, I imagine. Commissioner Regalado: Other than the -- Ms. Slazyk: The signage. Mr. Maxwell: Staff conditions. Commissioner Regalado: No, no. The land cleaning. Mr. ,Maxwell: EPA and DERM approval. Commissioner Regalado: The EPA and DERM, and prohibition of exiting on 52w Avenue from the building. Mr. Maxwell: I'm sorry, I didn't get the last one. Commissioner Regalado: Exit on 52"d Avenue prohibited. Vice Chairman Gort: The exit on 8`h Street. Entrance on -- Commissioner Regalado: On 52"d Avenue. I'm talking -- Commissioner Sanchez: Entrance on 52nd. Exit -- Commissioner Regalado: Exit on -- I'm talking about exit on 52"d Avenue. Vice Chairman Gort: Oh, you want an exit on 52"d Avenue. OK. You want to change the plan. Commissioner Winton: Say what`' Wait, wait, wait, wait. You want it -- Vice Chainnan Gort: Entrance on 8"' Street. Commissioner Winton: You want it to exit onto 52nd instead of 01 Commissioner Regalado: No. On the contrary. Mr. Maxwell: Prohibition, prohibition. Commissioner Regalado: Prohibition of exit on 52"d Avenue. Commissioner Winton: Oh, OK, OK. Right, right. Mr. Maxwell: No exits on 52"d Avenue. 184 ON= 5/24/01 Commissioner Winton: So you already conformed to that. Ms. Slazyk: No exit on 52nd Avenue. Mr. Gomez. Yes, of course. That's how it's designed. Commissioner Winton: So it's already designed. Vice Chairman Cion: OK. anv further discussion? Read the motion. Mr. Maxwell: That would be a motion reversing the decision of the Zoning Board, thereby granting a special exception, with conditions as set forth for the special exception as requested. And the conditions would be they have to satisfy all EIIA and DERM requirements prior to pulling any building permits on the property, and there will be a prahibition on exiting onto 52"d Avenue. And 1 don't know if there are any other conditions that are in the record from -- Ms. Slazyk: Yeah. I just requested the sigunage condition. Mr. Maxwell: Yeah, staff. Ms. Slazyk: That the box sign as depicted he replaced with the individual mounted letters, less institutional looking. Vice Chairman (Dort: OK. Thank you. :Motion understood. All in favor, state it by saying "aye." The Commission (Collectively): Aye. The fol lowing resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 01-518 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIA.MI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A MINI STORAGE FACILITY FOR THE PROPERTY LOCATED AT APPROXIMATELY 5201 SOUTHWEST 8'" STREE-T, MIAMI, FLORIDA, LEGALLY DESCRIBED 1N "EXHIBIT A," STBJECT TO A TIME LIMITATION OF TWELVE MONTHS 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 Commissioner Winton, the resolution was passed and adopted by the following Vole: 185 5/24/01 ��tlmistcioner Tomas Regalado k ss x �L� vk sooner Jo 5anchtz k r v i �w;,�•+f''>�YI+,r,�z`1�J4R'{r Yfi-. 1` tMinioner Arthur E. Teele r, $� qiT ` amionerJohnny Wiin/tor fi 1.NVhiinnan -Wiwi{ G'D" ` F� bt �, q tSs..Ks f'� t hfYFy3r i�•e��Y G ��Y >.} None Mf I / I I I I • Y Y a $�.. i s f d ! rro l�:. U� r"tF. t ..j t' lf+! 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J r`i'a'� vq. sYv } ''s�.�. �.. kr` f" -.4 '}',4 h ���}LtJ"Cy i^%.'u�:.•t e�'te�,C.i 3..t' '' y�N P4�'ti �r4 .�+�.k kvp,rj -F 'k } } ,.� i j tW } `'�,3 g('' ±+ �' t,' +?t "q •- �:� �*Ep� 4,i ^ �T x F> ,, '§$:. b '� "`1" `fit /rG" ?jd Ls'h yr�f,wfr—ya, t 2 } x+ >�: ti'f`rK @S F '�Ltav3,t x]44�gF'p°'- ,�5; Sri E£ ri t I 0 i 52. MANAGER TO TAKE NOTE OF HOW WELL STORAGE FACILITY REDESIGN NEAR CITY LIMITS BY EL PORTAL FITS IN WITH RESIDENTIAL AREA; MANAGER TO PREPARE REPORT AND COME BACK BEFORE COMMISSION REGARDING SAME. Commissioner Teele: Mr. Chairman, I want to just put one thing on the record. Is anyone here ;amiliar with -- on Biscayne Boulevard, at the City line -- what is that? About 82"`x. -- the storage up there, right -- it abuts Cl Portal and the City limits. That land set there for eight or nine years, ten years. It had been a lumber. And the way they designed that storage, the City Commission had stopped them and stopped them, and they finally did it right. And it has become a mayor magnet of the City of El Portal. So, you know, these facilities, if they're properly designed -- And I would just ask staff to go up and look at that, and maybe do some type of report to us, because these facilities can, in fact -- they put a little antique district with it, you know. some little storefronts, and did a really nice design exterior fagadc. And it really can be well hidden and can fit into the neighborhoods. And I really would hope the Planning Director would take note of that. Commissioner Winton: Is that the -- that's the area that El Portal wants to annex? Commissioner Tecle: Yes. Yes. For tax purposes. And we ought to give it to them. It's a spaghetti. You got three cities that come together, all in one little corner. 187 5/24/01 53. CONTINUE CONSIDERATION OF APPEAL OF HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD DECISION WHICH APPROVED REMOVAL AND RELOCATION OF, TREES FOR INSTALLATION OF PLAYING FIELDS AT 2015 SOUTH BAYSHORE DRIVE TO MEETING CURRENTLY SCHEDULED FOR JUNE 14, 2001 (See #17). Vice Chairman Gort: OK. We'll now close the -- move the PZ (Planning; and Zoning) meeting and go back -- Joel Maxwell (Assistant City Attorney): One final thing on the PZ. Item PZ -- Commissioner Teele: Item what? Mr. Maxwell: I think it was PZ -I S. At the beginning of the regular agenda, that item was continued to -- it wasn't a date certain. It said the second meeting. You didn't have -- you Irad riot at that tithe:±elected your date -- The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01.519 A MOTION TO CONTINUE CONSIDERATION OFA GhNDA ITEM PZ -18 (APPEAL OF HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD DECISION WHICH APPROVED,!, REMOVAL AND RELOCATION OF TREES FOR INSTALLATION OF PLAYING FIELDS AT 2015 SOUTH BAYSHORE DRIVE) TO THE MEETING CURRENTLY SCHEDULED FOR JUNE 14, 2001. M Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote, AYES: Commissioner Tomas Regalado n Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. ,f :. Commissioner Johnny Winton : Vice Chairman Wifredo Gort NAYS: None ` ABSENT: None NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION CLOSED CONSIDERATION OF THE PLANNING AND ZONING PORTION OF, THE AGENDA 'TQ CONSIDER ITEMS FROM THE REGULAR PORTION OF THE AGENDA. raf^i, 5.ty e'fx r a's�YC a,.� r*,fr,+r 'rrF�k?� 3fi�8 r'k'_`s"�3 .# k.„..a.m�'1 r a ;�""T SFr �." '�. Pyn""'"t :ger, 't, s� a Y r 'Yi'G��S�esc`� � N y k r'a31(x v� �x *•.SSx t x K'r� *� t s n is a4. ¢ ;w a e i 189 5/24101 54. BRIEF DISCUSSION REGARDING RESCHEDULING JULY 1-1, 2001 COMMISSION MEETING TO JULY 10, 2001 AT 9:00 A.M. Commissioner Tecle: Mr. Chairman, may 1 just clarify for the record? Was the meeting of June 29"' -- Vice Chainnan Gort: 29"' was changed, because it's going to be a combined meeting on the 14"'. the two. Commissioner Winton: So pack your dinner with you. Vice Chairman Gom OK. Commissioner Sanchez: Mr. Chairman, now that we're on that subject, can we move July the 12"' meeting to the 19"".1Is everyone OK with that'! Commissioner Tecle: Well if you -- You know, why don't we move it to the 10'''? Because, sue, if you go for one month -- Commissioner Sanchez: Well, it's fine with me if you want to do it the 10'h. 1 will be out of town the 11 " throueh the 160' Commissioner Tecle: I'd rather move it to the 10"' and not put -- If we go with one meeting in .lune, we realIN ought to have two in July. Commissioner Regalado: Yeah. Absolutely. Vice Chairman Gort: Is that what you're saying? You're saying change it to the 19'"? You want to check my schedule and see what the 19"' looks like? Commissioner Rep alado: No, no, no, no. The 10"'. Commissioner Sanchez: No, the 10"'. July the 10`". Commissioner Teele: See, the problem, Mr. Chairman, is that we're going to meet on June 10. And then we wouldn't be meeting for -- again till July 19"'. That's just too long. Commissioner Winton: Yeah, that's too long. Vice Chairman Gort: OK. You want to do it on the 10"'? That's fine.. Yeah. Conmtissioner Teele: Especially before the summer recess. Vice C'hairnzan Gari: No problem. C.'onunissioner Teele: So July 10111. Commissioner Winton: 1 think the 10"' works for me, but my calendar will be here shortly. 190 5/24/01 r Vice Chairman Gort: Yes, yeah. on the 10"', yes. OK. Thank you. The l0`h. I'm open, sono problem. Commissioner Teele, we also discussed the idea of if possible, if we could scan at 9 o'clock in the morning. We could probably get a lot more things done before the morning break. And everybody agreed with it. Commissioner Teele: Yeah. I agree fully. Vice Chairman Gort: 9 o'clock in the morning. OK? From now on. Commissioner Winton: The 10`h is OK with me. Vice Chairman Gort: OK. The 10`h it is. So do I have a motion to move rice Mee t g to 1Q''"? Commissioner Winton: So moved. Commissioner Sanchez: Second. Vice Chairman Gort: We'll put the ordinance together and bring it back. We still got a little bit to go. . "Y<Y+"UrnY^,'wY#�`+,' i"+"}''�}c'vi g."'# S^ri vMa Evt'ti xi K,` x+`� ',S'.; d, "'�i "fi i.� ' m't#t1'en +4i dYe fi S 3 V ' � d � fl� . ` � ik �. } �' r cs# t � f� Yi .. i3' "�, i` � F $` } (• ¢�" }t'- x Us a R Y 1 r.c i ?-*t.,� .�r�.Ciiv ry .0 f� '} i r=evs+ ' t� kr'�ek'i2 "9.vk`"`�titi;'�'fi ifhr'jw &sxYA''•�kx'-�t+Ar'y�,i',.ir'k'b�'�i.'si'4'."'x 4'rx,' fi.r}1 SiY.'�'m�"�+3Bx'tzfi' �,+�'' s�*� -' '' nfsw h i+H`vv°+,�e 4t ?J.r my�,� F'f}4 ,gipgk;'§✓ a�' } ` £ q63 �. z"j'4 `"'✓ +-?`9�+,+a,`"Y+ "r s sr # A x 191 5/24/01 • 55. RECOMMEND AND FORWARD REQUEST MADE BY LEAGUE AGAINST CANCER (LiGA CONTRA EL CANCER) FOR WAIVER OF FEES IN CONNECTION WITH USAGE OF i COCONUT GROVE CONVENTION CENTER FOR ITS JUNE 10TH ANNUAL TELETHON EVENT, TO MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) THAT THEY MAY CONSIDER FUNDING SAME FOR ITS EXISTING 2001 FISCAL YEAR BUDGET (See ##20). Vice Chairman Gort: I'm going to go into my item now that Christina Abrams is here. My item, Commissioners, it was dentin -with the League Against Cancer, which is an organization that's been established for over 25 years. And they provide services to all of the needy individuals. (INAUDIBLE COMMENT) Vice Chairman Gort: The idea was we were going to request the waiver of the fee at the Dinner limey Auditorium, but Christina carne up with an excellent idea, which we would not want to start a precedent. but this is one organization that really helps thousands of people that cannot afford to get treatment for their cancer. And the Sports Authority plays a big role in this one. So, Christina. Christina Abianrs (Director, Conferences, Conventions & Public Facilities Dept.): What my recommendation is. is that we recommend or we request that MSEA (Miami Sports and Exhibition Authority) consider viving a grant to the Liga Contra el Cancer to cover the rental cost of the Coconut Grove Convention Center. I understand that MSEA has implemented a grant program recently, and that we can assist them in going through the application process, so that MSEA would consider them. There's plenty of ume before the event, because I don't think it's scheduled until -- Vice Chairman Gort: .tune 10':'-- no. June -- I mean I think it's June the 16"' .Ms. Ahrams. .lune 16"'? Well. 1'11t not sure when the next MSEA Board meeting is. I don't know if.lim Jenkins knows the neat meeting date? .lint .leukins (hxecutive Director, \4SEA): The fourth week in June. 1 don't think we have a specific date in .lune -- (1NAVDIBLE COMMENT). Commissioner Winton: The fourth week of June is after the -- the -- So, now, Christina, continue on with the part about the rationale that creates connectivity from MSEA, the ,Miami Sports and Exhibition FaciIity to a grant to Liga Contra el Cancer. Ms. Abrams: Correct. The Coconut Grove Convention Center is a Convention facility, and meets the mission of MSEA, which is to promote conventions, conferences and meetings. Plus this, the Liga Contra el Cancer is nationally televised by Univision. And in their promotion, they show clips of'Miami. They show shots of Coconut Grove. And for us, it also serves as a promotional tool. That's why 1 felt it would meet the requirements of Miami Sports Authority. Vice Chairman Gort: OK. (INAI-TDIBI.E COMMENT) 192 5/24/01 Mr. Jenkins: Jim Jenkins, Executive Director of Miami Sports and Exhibition Authority. We have instituted some nev., grant guidelines after I was confirmed on February 8"' where we have a limitation on the requests the first year. It changes the second year and the third year. It's strictly up to the board approval. So the process would be normally that we would evaluate that process or program and then detennine if we do have the money, and if it would be recommended to the board. And than it would go before the board for approval. Commissioner Winton: But in this particular case, we have -- we don't have enough time to get that done unless we call a special board meeting or -- T1s. Abrams: Or we can delay billing until the board meets and considers the item. Mice Chairman Gort: OK. Commissioner Winton: OK. So there's -- You need a motion? Vice Chairman Gott: It would help, yes. I'll move it. Commissioner Sanchez: Second. Commissioner Regalado: Second. Vice Chairman Gon: Any further discussion? All in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Gott, who moved for its adoption: MOTION NO. 01-520 A MOTION RECOMMENDING AND FORWARDING REQUEST MADE BY THE LEAGUE AGAINST CANCER (L1GA CONTRA EL CANCER) FOR WAIVER OF FEES IN CONNECTION WITH THE USAGE- OF THE COCONUT GROVE CONVENTION CENTER FOR ITS JUNE 10TH ANNUAL TELETHON EVENT, TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) IN ORDER THAT THEY MAY CONSIDER FLNI)ING SAME FROM ITS EXISTING 2001 FISCAL YEAR BUDGET. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: 193 5/24/01 1rMINIZ& i ` �,''{ ,wq• Rus ¢ ! f {„ kr 4 c �+Sr4i 4iasio_ ner Tomas Rcgalada �` •..' �: ,� � r � � � ��• � � ��Cbtl�ls�ioner doe Sanchez � ���._,� S ssioner Arthur E. #W-: ���Comtnssiotter Johnny L. Winton r, �Y t A Vice Chairman Wiftdo Gort ., a eh r B1 i ;A Y � R •t d ff..i �` }cy. � jh .. \ $ Y 4 � `� f i'�K.. �.�y'Si ' 1 �. tf ABSENT: None Vice C$airman Gott: That was Commissioner Sanchezfh�ttq'o 4K. k.Yamriassioner Teele, we: saved -- I understand although. weyour �=: = dooentation. we moved S and 6, but we can always bring it back, t ,� < T 'Y"`4 r Commissioner Teele: Number S and 6? r d 1 Vice Chairman Gort: Yee, sir. � <r x 4 ''..V*� s ' s i � �" .� �{,`��3V�'d ��7"`�t f'y""e"L'u�'' s• � ��� ..5 k 's' q,� .>t �-u. y k 61, f , .eyF Si y F et �% �� xirys �'�t„f +�1+�� .,: �'"i�. a ��'• ,. ,� ra #� a..t,; .� �T ?i # �2i is n �'`'-`i �<if ?$n ? �y�'q � �•: � "� �'h `� � �� �, . i° r rd�, �' ...'�tx a; � n�#r r � � s fix F v x x tid�x2 y9y� t;� jG `-: � tea 5/34/01 9 56. ISSUE OF NEGOTIATIONS WITH BAYFRONT PARK MANAGEMENT TRUST (BPMT) AND BAYSIDE MARKETPLACE RELATED TO FUTURE ASSOCIATION OF AUTO RACE TO COMEBACK ON JULY 10 (See 07). Commissioner Replado: Mr. Chairman, just a question. We said that on the car race in downtown, we'll come back within 30 days. That would have been June 24. There is no meeting in June 24. So is it on June 14 or July 10? Vice Chairman Gort: OK. Commissioner Regalado: No, I'm asking. When arc we going to bring — Vice Chairman Gort: Well, if we told them 30 days and we don't have any meetings within 30 days, it will have to be July the 10'3-- I mean July the 12"'. (INAUDIBLE COMMENT) Vice Chainuan Gort: Oh, we moved it to the 10'h, right. It will have to be July the 10h, which the difference between the 20, I think it's only about five days » no, more. it's a whole week. 0 0 I 7. (A) MODIFY SCHEDULE IN CONNECTION WITH WATSON ISLAND \IFGA YACHT. MARINA AND MIXED USE DEVELOPMENT OPPORTUNITY REQUEST FOR PROPOSALS (RFP) FOR UNIFIED DEVELOPMENT PROJECT (UDP) ON NORTHWEST QUADRANT FOR WATSON ISLAND, TO REFLECT REVISED DATE AND TIME OF JULY 16, 2001, 2 P.M., AS LAST DATE AND TIME TO SUBMIT PROPOSAL; MANAGER TO DIRECT DEPARTMENT OF REAL ESTATE AND ECONOMIC DEVELOPMENT TO ISSUE ADDENDUM NO. 5 OR OTHER ADDENDUMS REGARDING SAME (See #23). (B) SCHEDULE SPECIAL CITY COMMISSION MEETING FOR MONDAY, SEPTEMBER 17. 2001, 2:30 P.M., FOR PURPOSES OF DISCUSSING REQUEST FOR PROPOSALS j (RFP)/MANAGER'S RECOMMENDATIONS; CITY CLERK TO COORDINATE WITH MIAMI-, j DADE COUNTY SUPERVISOR OF ELECTIONS REGARDING TRANSLATION OF BALLOT I LANGUAGE IN CONNECTION WITH WATSON ISLAND MEGA YACHT MARINE AND MIXED USE DEVELOPMENT PROJECT, SAID ISSUE TO BE REFERENDUM PLACED BEFORE VOTERS AS SPECIAL ELECTION ON NOVEMBER 6.2001 BALLOT. Commissioner Teele. Mr. Chaimian. Vice C'haimian Mort: Yes, sir. Commissioner Tecle: Would you Just tell me what you all did on 5 and 10 -- 5 and 6' Was there a discussion on it.) Vice Chairman Gort: There was a discussion. There was a motion and it was approved, but we can have a motion to reconsider. Commissioner "Keele: Regarding Number 6, 1 don't have a question about Number 6. Regarding Number 3. what -- it's the Walson Island. If you all have voted on it, I don't want to reopen it. but ; would like to ,lust understand one or two things What is the decision of the staff on the issue of residential,'slashi commercial activities, specifically condominiums and time shares on the RFP (Request for Proposals)? Was there a discussion on that? Vice Chainnan Gort: Yes, there was. Commissioner Winton- But let's hear the answer. %lice Chairman Gort: Dena, the answer on the -- Mr. Attomey? Alejandro Vilarello (City Attorney): Commissioner, with regard to -- there was an Addendum Number 5 issued whieh -- C'onuttissioner Teele: Who issued it? Mr. Vilarello: The City administration issued an addendum which described what are time shares, and described time shares which are residential in nature, as defined by statute, and described time shares which are considered hotel -like, and do not fit within the category of time shares, and advise proposers 196 �I1IIIfti[: 5 24,01 that they should consider -- If they submit a proposai which goes to the time shares which are -- which provide a fee interest or a future interest that those proposals -- Commissioner Teele: Did you say "fee interest"? Mr. Vilarello: Yes. An ownership interest in land as defined by statute are residential in nature, and would be prohibited, as already prohibited by the RFP. And it further defined a time share as described in Florida Statutes, which does not have those characteristics that would be an appropriate consideration or appropriate for a proposal. Commissioner Teele: So then Addendum i is a matter of law' Addendum 5 is not a policy decision:' It is as it matter of law. is what you are saying. Mr. Vilarello: Addendum 5 describes legal issues, which would fall within the prohibitions of the RFP ind those, which would not fall within a prohibition of the RFP. Commissioner ?-cele: So the question is simply one question. Are the prohibitions, as a matter of lam. are the prohibitions. Themselves, that are defined there:, are a matter of law or City Charter, or are the prohibitions it matter of policy" Mr. Vilarello: Addendum 5 contains prohibitions, which are a matter of law. The RFP does provide a prohihition for residential use. So the issue of law -- Commissioner Tecle: In other words, even if the Commission were to vote to approve it, as a matter of la", we couldn't approve it. As a matter of the City Charter. or the Constitution or the ordinances of Florida. we couldn't approve them. Because what I'm trying to separate, Mr. Attorney, and very clearly. and I don't want you to lust - just tell me what the law is. As a matter of law, can this Commission - could this Commission have approved time share units. residential time share units, residential hotel units that ure time share that convey or that presume an interest to real estate less than a fee? Because obviously, it can't be a fee. But something less than a fee. Some leasehold interest, some estate less than a fee. as a matter of law? Mr. Vilarello: Commissioner. the City Commission could not have authorized a time share estate, which grants a fee in land. There are other time -- that's the time share -- the time share estate is what most people arc generally familiar with. There are -- Commissioner Teele: Say again. What? Mr. Vilarello: Most people are generally familiar with it, because it provides ownership interest in land. The statute -- Commissioner Tecle: Notwithstanding the fact it's a limited ownership in land, but it is an interest in land. Mr, Vilarello: Well in fact -- IM41 I►V 197 5/24/01 Commissioner Teele: It's limited in duration. Let's say it's a ten-year -- Mr. Vilarello: It's a lease. A lease is an interest in land. Commissioner Teele: Yeah. Of course. Mr. Vilarello: The time share license is one which would be consistent with the general provisions of the RPP. and would not brant an estate or an interest in land greater than -- or future interest in land, because we're going to be -- When the City enters into an agreement ultimately with this entity, whoever the successful proposer is, it will be a lease. it will be a fixed period of years. C o nm1sslOner Teele: But you're not arae+•ening my question at all. At all, Alex. And I mean, if you want to do sonic research on it -- Mr. Vilarello.- I'd be happy, to. If you can -- Commissioner Tecle: 1 mean. but my question is a simple question. Because, see, what I hear, I hear you answerit:g a question that staff may have asked, but I don't hear you answering my question as it relates to tale law. And the question is just very simple. is a leasehold interest that is less than a fee simple interest that is sNilonymous with a time share, whether it be residential or commercial, for residential purposes. is Ilial a pcmiissible use under Florida Constitution, Florida law, City Charter and Citv ordinances? Forget the RFP, because. sec, what you're trying to do is box this Commission -- I don't mean it like that. What I hear you ans"cring is a question that assumes the RFP now boxes us, which I don't think it does—in that we created it %Ve are not constrained by the RFP. Staff is. but we're not. Nlr. 'ilarello: Is your question could the Commission have authorized a time share license within the proposals. which you would consider? And the answer is "ves." Commissioner Teele: 'fliat's a part of the question. Could it have? Mr.Vilarello: Yes. Commissioner Tecic: And then the question is, can it still? You see, because what you're doing and what has been framed here is a scenario that, quite frankly. I know what is going on here. We are not, to my knowledge, because of the referendum, because of the referendum provision, Alex, we are not constrained by Addendum Number S. Addendum Number 5 is somebody's idea of how it ought to be, or what they believe our intent Nvas. OK? One of the two. It is someone's idea of what it should be, or it is someone's interpretation of what our policy would be if we were asked the question. Mr. Vilarello: Commissioner, Addendum 'slumber 5 simply says that time share estates arc prohibited, because time share estates are prohibited in the RFP. If you look Lt the -- Commissioner Teele: Alex, I know what it says. But what I'm saying is, that's not the question. The quostion is -- We wrote the WP. We're not hound by the RFP. We have the inherent authority -- if I'm %viong nog%, Alex, tell me. Mr. Attorney, we have the inherent authority within certain time constraints to adiust the RFP boundaries to what we believe we want as a matter of policy. And what you keep saying is 198 5/24/01 • E you're answering a question as a matter of law, and what I'm suggesting to you is what you're real]% answering is a question of a matter of our poitcy, which I think we are the hest arbitrators of'what our policy should or should not be. Commissioner Winton: Commissioner Teele -- Commissioner Teele: Guided by staff. 1 yield. Commissioner Winton: Could I -- Well, I just want to ask you a question, because I'm totally lost here. At the end of this question, you've got some thoughts about something. Could you bring that out so i - Commissioner Tecic. It's very simple Wily would you have the lowest or a lower use as opposed to tite hi_llcst and hest use for a pristine piece of commercial real estate property? 1 mean, if we're going to let the birds in Parrot Jungle reside there. with all due respect -- it was approved by a referendum -- why can't people that have G -4's and Lear jets come in and reside there and time share`' That's the question, you know. in response to what you're asking. And it just goes to the basic real estate issue of highest and hest use. you kno\k . And that's not always the driving issue. .And I don't think highest and hest use. - 1 mean, you kilo%\ , I said a hundred times, a strip joint may he the highest and best use in some places, but that dot sn't mean v c ought to do that in certain property. So I'm not guided by the highest and best use. I just need to understand does the Florida Constitution, do Florida Statutes, do -- does the City Charter or the City statutes prohihit -- Do any of those or any other law prohibit time share on Watson Island for human hcin;:a? Because I figpar-rots time ured out already the paots have got a e share deal. Mr. Vilarclln: Commissioner, i guess the problem here is the issue -- Commissioner l ecic- There's no problem. I asked a question. jMr. Vilarello: There is a problem here with the understanding of what is a time share. And I can provide you the definition of time share. Time share is a fee interest in land. i'll give you the definition of Florida Statutes. it's a freehold estate or an estate for years with a future interest in a time share property. In other words. if you wanted to do that, you would have to sell the land, because whoever buys that time share would be buying a fee interest in that land. Notwithstanding that, Florida Statute also provides for hat's called a time share license, which is something less than a fee interest in land. And that is what [ believe you're referring to. .And that is Addendum Number , -- 5 simply says that such an estate -- such a time share license would be appropriate. Coll mtissioner Vinton: And Commissioner Teele, 1 will add that, that does exist, because in Punta Gorda, there is a complex, and it's a marina time shary retail project, and it's on City -owned land. And they had the same issues. And it is a time share license, and a successful project, too, by the way. Do we not have time share of any sort in our RFP? it's -- what arc we saying! Mr. Vilarello: The RFP dues not define or identify time shares. C.'ontnussioiler Vinton: Period. 41010111 n. 199 5/24/01 Mr. Vilarello: The RFP identifies mandatory uses. The RFP provides prohibited uses. Other than that. it says comply with the code, the nature of the interest that we intend to transfer a lease, our deed restrictions with the State, those kinds of conditions. And any proposal that meets all of those conditions can be considered by the City. Commissioner Winton: So if a proposer came to us, and a part of his proposal was for a time share product that was a time share license, is that under -- in terms of the way the RFP is written, could that he allowed? Mr. Vilarello: That would be, that would be considered. Commissioner Winton: OK. Mr. Vilarello: Whether it is approved, recommended -or not formally approved by this City Commission are other issues. Commissioner Winton: Commissioner -- oh, he's on the phone. Sorry. Commissioner Teele: Mr. Chairman. Vice Chaimian Gort: Yes. C'ommissioncr Tecle: 1 don't have area) question. I'm just trying to understand the state of the said law. I read a memorandum by -- I think it was Mr. Gonzalez or Mr. -- was it your memo, sir? And 1 quite -- 1 found it a little bit confusing. I was trying to understand-- Untmissioner Winton: Could I interrupt you one time? Commissioner Teele: Yes, sir. Commissioner Winton: I think to the heart of your question about -- and maybe I'm reading more into this than 1 should, but the heart of your question about whether or not time share would be allowed as u part of the RFP, I asked that question just now. If a proposer came to us and they were proposing a time share product, where it was a time share license, that is allowed -- permissible under our RFP is what the City Attorney just said. Commissioner Teele: 'that's what I understood he said Addendum 2 said. Mr. Vilarello: Addendum 5. Commissioner Teele: Addendum -- I thought -- What did Addendum 2 say? Mr. Vilarello: I have no idea. Commissioner Teele: Oh. All right. 200 5/24/01 Vlr. Vilarello: I know what Addendum 3 and .Addendum 5 -- that's as far as i got. Commissioner Teelc: Could I -- may I just inquire, Mr. Gonzalez? Are you straight now? Do you understand the law in this State? Alfred Gonzalez: I think so. Commissioner Teele: Your name and address for the record, sir? Mr. Gonzalez: My name is Alfredo Gonzalez. Mr. Vilarelio: Mr. Gonzalez represents a potential proposer on this item. And -- Commissioner Teele: How is this any different from a bus bench deal? I mean, is -- it's in a public meeting. No, this is in a public meeting. Are you saying that there -- I have never heard, Alex, that in a public -- Mr. Vilarello- No. ['m sorry. I stand -- the -- Commissioner Teele: You stand corrected on what? Mr. Vilarello: 1 stand corrected. At a public hearing, a potential proposer can address the City Commission. Commissioner Teele: That's the -- but not in a private meeting in the Mayor's Office. Mr. Vilarello: Commissioner. that's a different issue, and I've addressed that. Commissioner Teele: No, but I'm being very, very honest, Alex. In a private meeting in the Mayor's Office, a proposal may not go in and have a discussion, whether he has the contract or not. Mr. Vilarello: With regard to an RFP. With regard -- Commissioner Teele: Is that on the agenda, by the way, the issue that ,you all promised t put on the agenda this week, the bus bench thing? The last meeting, we voted that that would be on this agenda. Vice Chairmun Gori: There's a report that -- Mr. Vilarello: No, Commissioner. You gave me a direction. Commissioner Teele: No. We gave the Manager -- the Manager indicated -- Mr. Clerk, get the report -- that this would be on this agenda for a cancellation of the contract on the bus bench thing. But that's not the issue. I believe, as a matter of law, at least the said law as I've understood it, that in an open forum or in a meeting called fir such that that is an exception to the rule relating to -- Mr. Vilarello: Cone of silence. 201 5/24/01 L� 1] Commissioner "feele: -- cone of silence, as proposed by the County ordinance. Mr. Vilarello: I agree. 1 stand corrected. Commissioner Teele: Mr. Gonzalez. Mr. Gonzalez: Yes, sir. My name is Al Gonzalez. Commissioner Teele: Now, that's not permissible. What you just did, Mr. Gonzalez, with the staff, is not perniissible. to have a private discussion on anything related to this matter, if that's what you were doing. Mr. Gonzalez: No, sir. Commissioner Teele: OK. Mr. Gonzalez: My name is Al Gonzalez... I'm an attorney with Adomo and Zeder with offices at 2601 South Bayshore Drive, The issue was presented by us as a form of a question that was answered by Addendum Number 5. The reason we had the question was because Addendum Number 3 addressed the issue of'whether time shares would he permitted, and answer that -- It was a broad question by someone, I don't know who, and the answer was also broad, which was "no." When we looked at that, that broad ..no" obviously brought Juts of questions to us as to what would be the parameters under which a time share could be used. And we essentially asked three separate questions around that issue; in terms of can you have a time share that is just strictly used for commercial uses? Commissioner Teele: Mr. Gonzalez. Mr. Gonzalez: Yes. sir. Commissioner Teele: My question is, do you understand the law regarding the issue of time shares consistent with the way 1 understand it now, as interpreted by the City Attorney, and do you have any other questions regarding Addendum Number 5? Mr. Gonzalez: Well. now that -- with what he stated, that a license use or a right to use, as opposed to a fee use would be an acceptable, that trtakes it clear. 1 think that Addendum 5 wasn't really clear on that point, but now if that's part of the response and it's part of the public record, that makes it clearer to us that if n meets the requirements of a use right, rather than anv -- a fee, it would be an acceptable use. The problem we have now is in terms of having to respond and the time line that -- as long; as this has taker., to be able to clarify what we can propose. And i don't know whether something can be done in that respect, that it doesn't really defer the time to approve or disapprove. Commissioner "feeler Mr. Gonzalez, I think I have the question. Given the -- what I thought was a very well reasoned upinion of the Attorney, and it does coincide with my understanding, but I defer to the City Attorney on all of these matters. Does that coincide with your understanding of the law and the rules relatinu to this RFP, consistent with what State Statutes provide for? 202 5/24/01 Mr. Gon7.alez: Well, I think what it docs, it permits our client -- Commissioner Teele: No. Does -- Are you in agreement? That's all that I'm asking. I don't need -- Mr. Gonzalez: I'm not sure what you want me to agree to, sir. Commissioner Teele: His opinion. or the statement that he's made that -- As I understand his statement, that time shares, pursuant to State law that provide for a use as a license -- Mr. Vilarello: License and commercial, hotel -like in nature. Commissioner Teele: -- is permitted under this RFP, as specified in Addendum S. Mr. Gonzalez: And if that's his opinion, then, yes, we can, we can address it that way. Commissioner Tecle: OK. What I'm trying to -- Mr. Gonzalez: And I understand that to be the law, sir, yes. Commissioner Tccic: Al, what I'm trying to do is prevent you from taking what someone could say is an unfair advantage by coming and advancing a cause. The issue is what's the law? The Attorney has given the law. And all I'm asking is do you agree or disagree with that? I'm not really concerned with whether or not you're happy with it or not happy with it. I just want to make sure that we're all in agreement with the law. Mr. Gonzale/: I don't disagree. Commissioner Teele: And the interpretation of the City Attorney. Mr, Gonzalez: I don't disagree with the interpretation. Vice Chainnan Gori: OK. Any other questions? Commissioner Tecle: Well, I think the real question is that obviously, since this has been out here now, and everybody is trying to figure out can they apply or can they not, it's in our interest -- I mean, I think everybody in the world knows that time sharing is the fastest way to generate dollars for somebody, you know, if you agree with the conceptis there any way we can compress any part of the schedule without missing the deadline that is critical, which is the deadline for the resolution to place this on the ballot? That's the immovable deadline, because that's provided for, Mr. Attorney, Mr. Clerk, that deadline is provided for by our Charter, and we cannot move that deadline. That is the last minute of the last day that the City Commission can pass a resolution putting this on the ballot. Commissioner Regalado: September. Commissioner Teele: No. The recommendations of the committ-e. 203 5/24/01 0 • Commissioner Regalado: September. Vice Chairman Gort: My understanding, the City Clerk stated that it could be September. Walter Foeman (City Clerk): Yeah. Commissioner Teele: It's a date in September. Mr. Foeman: That was in response to the Charter Amendment issue. This is a referendum issue, and it's a different date. But 1 had given -- Vice Chairman Gort: Well, what's the requirement for this thing? Mr. Foeman: For referendum issues, it's the 19`h, the 7h for Charter Amendment issues. Mr. Vilarello: September 19". Commissioner Teele: September 19'h is the drop -dead date that this matter -- Mr. Foeman: September 19"' is the drop dead date, and that would include everything that has to be in Mr. Leahy's hands by September 19`h. Now, what really triggers referendum issues is really the advertising, which is controlled by State law. But there are some administrative deadlines, separate from the legal deadlines that we have to work with. Commissioner Teele: Can I ask a simple English question? Mr. Foeman: ties, sir. Commissioner 'recle: What is the date on the calendar in the year 2001 that is the last date for the City of Miami Commission to place an issue on the ballot? Mr. Foeman: September 19t1i for referendum issues. Commissioner Teele: Does that include all the administrative issues. the notice issues? Mr. Foalnan: That's everything. Commissioner Winton: I thought he said they had to be in Leahy's hands by September 191h. Mr. Foeman: Leahy's hands. Everything has to be in his hands by September 19`h. Commissioner Winton: But it'we do it on the 19'x', how does it get in Leahy's hands on the 19'x'? Mr. Foeman: Well, in fact -- Commissioner Teele: We E-mail it to hint. 204 5/24/01 Mr. Foeman: As it relates to our process, we would have to pass the legislation before. I mean. I would suggest you do it the last meeting of July because -- Commissioner Teel:;: Can I tell you something? Are you even watching this discussion? We're not talking about convenience now. We're saying what's the last -- If we give you a motorcycle escort out of here, with everything, what's the -- and back up, what's the last date we could act for you to get it to Leatty? Mr. Foeman: Last date you can act. as a Commission would be the first meeting of September. Commissioner Tecle: The last -- Mr. Foeman: The last -- If you want -- You're talking about taking some legislative action. You'rc talking about the first meeting in September. Conmiissioncr Teele: We're talking about -- The only way you can put it on the ballot is a legislative action, rI 1ht? Mr. Foeman: Yes. Commissioner Teele: So that's what we're talking about. What is the last date on the calendar, in the month of September? Mr. Fucman: The first Commission meeting in September. Commissioner Teele: No. That's not the date on the calendar. Give us the date on the calendar. Look at the September calendar. Cdr. f-oetnan: September -- Commissioner Regalado: Could you yield just one second, Arthur" We can set the Commission -- We can set the Commission meeting date to accommodate -- Commissioner Teele: That's what I'm trying to get him to understand. He keeps talking about the last meeting. Commissioner Regalado: OK. We can meet -- Mr Foeman: OK. I'd have to look at it then. Commissioner Regalado- Walter, we can meet on the 17`x' of September, or we can meet on the 18'x' of September. Mr. Foeman: No. If you meet on the 18"' of September, you deprive me of all the administrative processes 1 have to L,to through. 205 5/24/01 0 Commissioner Regalado: So what day do we need to meet! Mr. Foeman The first -- Commissioner Tecle: I've asked him three times the same question. Mr. Foeman: I don't have a calendar, but the first Commission meeting of September would he the date. Commissioner Teele: No, no. no, no, no. That's not an answer that we can accept. Mr. Focman: OK. Let me look at a calendar, please. Commissioner Teele: Give us a date on the -- Mr. Foeman: Un the Commission meeting. I.et me give you the Commission meeting date. Commissioner Regalado: And it doesn't have to be the Commission meeting date set. Mr. Foeman: No, it doesn't. It doesn't have to be the date. Commissioner Teele: That's what I keep saying. You can't give us that, because we set our dates. Mr. Foeman: Right. C:ontmissioncr Regalado: Can we meet two days before the 19'h? Mr. Foeman: No, because part of that is the translation of the ballot. I need time to coordinate that hetween the Law Department, my office -- Commissioner Winton: I'm being told the 13`'. Commissioner Teele, the 13'h is the first Commission meeting. Commissioner "recic: But can I tell you something? You know what, Walter'? Let's don't make this hard. Let's make this easy. The translation of the ballot question, you don't have to wait until we get it and act on it. You can do what everybody does in the military. You can anticipate. You can have three ballot questions already written out, four ballot questions. You can ask the Attorney, what are the intelligent things that this Commission can do:! And then you could say, now what do you think they are going to do'? You know, there's a hundred ways you could approach this thing. But you don't have to put us up against the wall by saying you've got to interpret something or translate it, because it's only so many ways you can translate, "Do you vote 'yes' or 'no' for something?" So just give us a date, please. Please. Commissioner Winton: The 13'h is our regularly scheduled Commission date, of September, Mr. }Focman: Yes. ZiIIIIQ-11: 246 5/24/01 Vice Chairman Gort: That won't do it. Commissioner Teele: Is that a Thursday? Mr. Foeman: That's a Thursday. Commissioner Teele: So can we do it that Monday? Mr. Foeman: We can do it that Monday. Commissioner Tcelc: What date is that? Commissioner Winton: The 10"' is a Monday. Commissioner Regalado: No, no, the next Monday. Commissioner Winton: Oil. Commissioner Teele: He's talking about the next. He's trying to get more time. Mr. Foeman: September 10" is the first Monday. The 17"' is the second Monday. Commissioner kegalado: The 17'". Mr. Foeman: Is that what you're asking me? Commissioner Regalado: He has two days for translation. Commissioner Teele: So the 17`". Commissioner Regalado: Yeah. Simple as that. Commissioner Teelc: So the 17'". So, Madam Dena Bianchino, Madam Manager. Dena Bianchino (Assistant City Manager): Yes, sir. Commissioner Teele: If we were to adopt the 17'h, how much time can we release, and how much time can we compress the evaluation process and allow for the maximum amount of time between now and the evaluation process to begin? Ms. Bianchino: The act that you've taken only compresses -- it gives them an extra four days. I mean if you keep the schedule the same. Commissioner Regalado: No. No, it doesn't, because we acted -- When we discussed the RFA, 1 remember -- and you can look at the minutes -- that we were talking about bringing -- and you said bringing this back to the Commission in July. 207 5/24/01 his. Bianchino: No. sir. Commissioner Regalado: Yes. Ms. Bianchino: No, sir. There's a schedule -- Commissioner Regalado: The process -- the process -- Commissioner Winton: Well, let her look at her schedule. Commissioner Regalado: -- as we -- as I remember was -- Commissioner Winton: Let her look at her schedule. Commissioner Tcele: Well, why don't we all look at the schedule. Commissioner Winton: Yeah. Commissioner 7 eele: Why don't we just get a Xeroxed copy for all of us. Let's all of us look at the schedule. Ms. Bianchino: OK. 1 will just tell you -- and I will get you a copy -- that in the RFP as printed and distributed, the recommendation from the City :Manager to the City Commission is scheduled for September 13`... And that was what was approved by the City Commission. Commissioner Tecle: Yeah, but that ain't the question that I got. I want to know how much time does the evaluating committee have. Ms. Bianchino: Right. Well, we've put together a very tight schedule. We have 11 people on the committee. We're trying to coordinate them. If we want to give people -- Commissioner Teele: Well, why is it every time you ask somebody what time it is, everybody starts explaining; how to build a watch? Ms. Bianchino: Well, you're trying to ask us how much -- Commissioner Teele: I'm not -- I'm asking one simple question, ma'am. How many days does the !✓valuation Committee have to evaluate the proposal? Ms. Bianchino: I can't answer that question that way. 1 can tell you how long we can extend the deadline, because l don't have the schedule in front of mc. But we could extend it to June 15`h, from May 200 . Commissioner Teele: From what? Ms. Bianchino: From May -- it's due right now on -- 208 5/24/01 n�la Commissioner Regalado: 1'cah, one month. Ms. Bianchino: June 20"'. I'm sorry. We could extend it to July 151'. Commissioner Regalado: That's fair. Ms. Bianchino: Which would give people a longer time to respond. Commissioner Teele: You know what? I think you're really being helpful, in all honesty. Now. that's a eery fair statement. I really appreciate that. Because what we're trying to do is not make this convenient thr the committee or Watson -- I mean who is the -- We just approved a firm -- Price Waterhouse. You kno%, it won't hurt me if Price Waterhouse has to work 14 hours a day and on Saturdays and Sundays. because they're going to -- Commissioner Winton: Particularly for the fee. Commissioner Teele: You know, but what we need is to get the best possible bid that we can. We don't need u► give us time. We need to give the proposers the time, in my judgment. And I mean, Dena, I'm really trying to help you get as many proposals in. and the best possible deal in. And I think we've perhaps reached a point that I'm eery appreciative of what you've done. Ms. Bianchino: I will just tell you -- I mean we are -- this is going to be a very tight schedule, and we'll work as hard and fast as we can to review the proposals. Commissioner Winton: So do we have to -- and Commissioner Teele, you've made a commitment that it's going to get moved back at least two weeks in terms of the amount of time for the proposers to get their proposals in. So we have to -- this all goes to the original question, which was about time share. No%\, it seems to me in terms of the explanation I've heard that -- what's it called? -- something 5? Vice Chairman Gort: Amendment 5. Mr. Vilarello: Addendum 5. Commissioner Winton: Addendum 5 Vice. Chairman Gort: Addendum 5. Commissioner Winton: Was not clear to the proposers out there. Seems to me that Addendum 5 sent the signal that time share is not allowed. So what we need to do now is-- I'm sorry? Mr. Vilarello: Addendum 3 made it unclear. Addendum 5 made it clear. Addendum 5 is clear. Commissioner Winton: Addendum 5 is clear' Mr. Vilarello: Yes. 209 5/24/01 Commissioner Winton: So everybody knows time share is OK. OK. Mr. Vilarello: Certain types of time share. Commissioner Winton: Right. Certain types or time share is OK. OK. Then that's it. Now. so we*vc just got to -- Vice Chairman Gort: So do we have a motion to extend the deadline of the proposal? Commissioner Winton: Yeah. Commissioner Teele: Mr. Chairman. Vice Chairman Gort: Yes. Commissioner 'Uccle: I would move that the deadline -- that the schedule be adjusted to reflect the last date and time to be a date stated into the record by Ms. Bianchino. Ms. Hiunchino: Could I make -- I named a Sunday. Could we make it the Friday before? Which would he the 1 ". 1 didn't realize the 15`" of July was a Sunday. Commissioner Teele: OK. Why couldn't it be Monday? T1s. Bianchino: Well, it could be. Commissioner Teele: I mean, like Monday at 2 o'clock. Nis. Bianchino: Whatever -- Commissioner Teele: Give them the -- you know, you know how these things work. Give them the time. Every bid; deal I've ever done -- Commissioner Winton: Yeah. You give them a weekend. that's a long time. Vice Chairtttan Gort: Yeah. Ms. Bianchino: Yeah. That's fine. Vice Chairman Gort: For putting a proposal together, yes. Ms. Bianchino: So it's the 16`h at 2 o'clock. Commissioner Teele: 2 o'clock. 2 o'clock on the next day. And, you know, all we're losing is -- By doing it the Friday before, nobody is going to really get going that hard and -- 210 5/24/01 E Commissioner Winton: It's dead, right. %%Ic don't use it, but they can. Commissioner Teelc: They can. Ms. Bianchino: That's fine. That's fine. Vice Chairman Gort: OK. There's a motion to -- Commissioner Winton: Second. Commissioner Teele: And the motion includes that -- the understanding that the City Attorney and management will issue Addendum Number 6 or other addendums to reflect the changes that are contemplated in this motion. Ms. Bianchino: Yes, sir. Vice Chairman Gort: OK. All in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Tecle, who moved for its adoption: MOTION NO. 0 1 -521 A MOTION ADJUSTING AND MODIFYING THE SCHEDULE IN CONNECTION WITH THE WATSON ISLAND MEGA YACHT MARINA AND MIXED USE DEVELOPMENT OPPORTUNITY REQUEST FOR PROPOSALS (RFP) FOR THE UNIFIED DEVELOPMENT PROJECT (UDP) ON THE NORTHWEST QUADRANT FOR WATSON ISLAND, TO REFLECT THE REVISED DATE AND TIME OF JULY 16. 2001, 2 P.M., AS THE LAST DATE AND TIME TO SUBMIT PROPOSALS IN CONNECTION THEREWITH, FURTHER INSTRUCTING THE MANAGER TO DIRECT THE DEPARTMENT OF REAL ESTATE AND ECONOMIC DEVELOPMENT TO ISSUE AN ADDENDUM NO. 6 OR OTHER ADDENDUMS REGARDING SAME, SUBJECT TO A REVIEW BY THE CITY ATTORNEY, TO REFLECT THE CHANGES AS MORE APPROPRIATELY STATED IN TITS MOTION. 211 5/24/01 r-1 LJ Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES- Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny Winton Vice Chairnian Wifredo Gott NAYS: None ABSENT. Commissioner Tomas Regalado Vice Chairman Gort: Thank you. We need to -- My understanding is we need to make a motion -- Commissioner Teele: Mr. Chairman, I would move that a special Commission meeting be set for 2 o'clock on -- what date did we say? Ms. Bianchino: The deadline? Commissioner Tecle: September. What day would this special Commission meeting be? 14r. Vilurello: You said September 17'4, l believe. Commissioner Teele: Is that a Monday? (commissioner Winton: That's a Monday. I'm iooking at it. Commissioner Teelc for Monday. Was it a Monday? Commissioner Winton: No, September. Commissioner 'Teele: Monday. September 17'h at 10 a.m. Mr. Foeman: Monday. Commissioner Teele: Monday, September 17'h at 10 a.m. And furthermore, that the -- Vice Chairman Gort: Commissioner Teele -- Commissioner Sanchez: The deadline: is 2 o'clock, right? Conu-nissioner Teele: No. The deadline is 2 o'clock in July. Vice Chairman Gort: I have a problem with the Monday at 10 o'clock. 212 5/24/01 0 • Commissioner Tecle: Well, whatever time you say, Mr. Chairman. Vice Chairman Gort: OK. Commission. Teele: What time you say. Vice Chairman Gort: I'd have to make it after lunch. We can make it at -- Commissioner Teele: 2:30. Vice Chairman Gort: We can make it at 11:30, at 12 o'clock or whatever, but 10 o'clock -- Commissioner Teele: What time? Commissioner Sanchez: 2 o'clock. Commissioner Teele: 3:30. Vice Chairman Gort: OK. Commissioner Teele: 2:30. Is that fair? Don't you work out? You need to get slim and trim, and handsome and tanned and -- Vice Chainnan Gort: No. My problem is that I have conference call every Monday at 10 o'clock with all of the dealers that we have. Commissioner Teeic: True. All right. So I would move that a special Commission meeting for the purpose of taking up this RFQ responses and the Manager's recommendation be set for 2 p.m. on Monday. September 17°i, and further request that the Clerk of the City be instructed to coordinate immediately with the County Clerk. and the County Supervisor of Elections, and the County Translator. and the City Translator and City Attorney for the purpose of advising them of a ballot question and preparing draft and sample ballot questions that we can all take up on that day, Monday, the 17`h. Commissioner Regalado: Can I say something? Commissioner Tccic: I would so move. Commissioner Winton: Second. Commissioner Regalado: Yeah. .lust I would rather, Arthur, have Waiter get a professional translator. Remember the problem that we had with the County -- Commissioner Teele: It's included in a motion that a... CommissionerRegalado: No. that -- 213 5/24/01 • • Commissioner Teele: -- that a certified professional translator be under the engagement of the Cite Attorney -- the Cit} Clerk for this purpose. .And quite frankly, %%e should make that an ordinance. qtr. Attorney. And, I mean, we should not put this on any individual. We should put this on an institution. that there be a certified translation for evervftng that we do. Commissioner Regalado: Because remember what happened with the Off -Street Parking translation. because of tite County. Vice Chairman Gort: OK. There's a motion, there's a second. All in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-522 A MOTION SC,HEDULr'`G A SPECIAL CITY COMMISSION MEETrNG FOR MONDAY. SEPTEMBER 17, 2001, 2:30 P.M., FOR THE PURPOSES OF DISCUSSING THE REQUEST FOR PROPOSALS (RFP) / CITY MANAGER'S RECOMMENDATIONS: FURTHER DIRECTING THE CITY CLERK OF THE CITY OF MIAMI TO COORDINATE WITH THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS THE TRANSLATION OF APPROPRIATE- BALLOT LANGUAGE IN CONNECTION WITH THE WATSON ISLAND MEGA YACHT MARTNA AND MIXED USE DEVELOPMENT PROJECT, SAID ISSUE TO BE A REFERENDUM PLACED BEFORE THE VOTERS AT A SPECIAL ELECTION ON THE NOVEMBER G, 2001 BALLOT; FURTHER AUTHORIZING AND DIRECTING THE CITY CLERK TO ENGAGE THE SERVICES OF A CERTIFIED PROFESSIONAL TRANSLATOR IN CONNECTION WITH SAME. Upon being seconded by Commissioner Winton. the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Anhur E. Teele, Jr. Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None 214 5/24/01 Commissioner Regalado: I have a question. When we get -- how many members of the administration are there in the committee? 'Vis. Bianchino: If you hold on one second, I will be able to tell vou. I believe it's five of 11. 1 can tell you who they are. Would you like to know who? Commissioner Regalado: Yes. Ms. Bianchino: OK. From the City staff, we have Stephen Bogner, who is the Marina Manager for the City of Miami: we have Robert Nachlingcr, Assistant City Manager; Javier Carbonell, Assistant Director of the Building Department; Lindu Haskins, Director of the Budget Department; and Enrique Nunez. Cite Landscape Architect. The rest of the members are private people that have been appointed by the Manager. Commissioner Regalado: So it's rive and five? Ms. Bianchino: Five and six. Commissioner Regalado: Five and six, And these people will be grading by numbers? Ms. Bianchino: There is a •- Commissioner Regalado: That would be -- tits. Bianchino: Yes. There is a ranking system. They will -- the proposals will first be evaluated by the Price Nkaterhouse Coopers team and our other real estate consultants, who will provide information to the committee about how much money the City is going to make and things like that. And then the committee will hear presentations from all the presenters, the responders, and then they will, as a group, make a decision and a recommendation. Commissioner Regalado: And that would go to the Manager'? Ms. Bianchino: Yes. It does go to the Manager. Commissioner Regalado: Like one, two or three proposals? Vis. Rianchino: It could be zero to ten. It could be all or none. Commissioner Regalado: And then the Manager will bring to the Commission how many'? Ms. Bianchino: The Manager has the right to bring zero, two, three, four, five, ten, whatever the Manager deems appropriate. That's the UDP process, as in our Charter. Commissioner Regalado: OK. Vice Chairman Gort: Are we all set? 215 5/24/01 ansimamr- Commissioner Teele: Thank you, Mr. Manager. Thank you, Madam Dena Bianchino. Ms. Bianchino. Commissioner Sanchez: What item are we on? On 8? Commissioner Regalado: No. You have -- Carlos Gimenez (City Manager): I believe we deferred 8. Commissioner Winton: No. We deferred Roots. Commissioner Sanchez: Oh, yes. Commissioner Winton: Commissioner Teele. Commissioner Sanchez: We tabled Roots. Commissioner Teele, that's an item -- we tabled it till you arrived. Sir, you have the floor. Commissioner 1'eele: We'll ask the people from Roots to come forth. Could we just take up the next item and ask the Roots -- Commissioner Regalado: You have also requested -- Commissioner Teele: Teacher, Carline. Commissioner Rcgalado: You have requested to table 17, which is the amended Miami Sports and Exhibition Authority budget. Mr. Gimenez: And also Number 11. Commissioner Winton: Number what? Mr. Gimenez: Number 1 l is the midyear appropriation (INAUDIBLE). Commissioner Teele: Could we take up the MSFA -- is it the MSEA ordinance? 216 5/24/01 Tim— 58. SECOND READING ORDLN&NCE: AMEND SECTION 2-1013(3) OF CITY CODE ENTITLED "ADMINISTRATION/HOARDS, COMMITTEES, COMMISSIONS!MIAMI SPORTS AND EXHIBITION AUTHORITY," TO ALLOW CITY COMMISSIONERS TO BE APPOINTED AS! EX -OFFICIO VOTING MEMBERS OF MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA). Commissioner Tecic: Could we take up the MSEA (Miami Sports and Exhibition Authority) -- is it the VISLA ordinance? Commissioner Regalado: Yeah. It's a resolution. Commissioner Sanchez: No. It's the budget one. Cunmtissroner Regalado: It's the budget. Commissioner Teele: Have we approved the MSEA ordinance? Commissioner %Vinton: No. Commissioner Tcele: Was that voted -- Is that on the agenda? Commissioner Sanchez: No. \']-alter Foeman (City Clerk): That's in your district item. Cornmissioner Winton: I think it's in your stuff. Commissioner Teele: OK. Cornmissioner Regalado: It's in your district. Commissioner Sanchez: It's one of your items. Conuttissiuner Teele: Yeah. We didn't get to our district items. 1 mean, some of them were done. Could we take up Item A of District 5 that was deferred from this morning? And this is an ordinance relating to MS1,A. And again, the ordinance does not change the established procedure, except that the Commissioners that are currently making two appointments will he in a position to make one appointment -- make the -- continue to make two, or they can make one and ask the Commission to consider themselves. The one thing that 1 think should be put on file record is that the ordinance, as it was envisioned, provides that the Vice Chairman shall be a member of the Commission. And pursuant to -- he was here. Ile looked so elegant. The Commission adopted the Victor De Yurre Rule. And that rule would pre\ ent anyone from ever serving for life as the MSEA representative, as my dear friend, Commissioner De Yun-e did. And so it requires that the position be rotated; that is, the Vice Chair or the Commission appointee. The conflict that it may sound like is that while there could be as many as five Commissioners on the MSEA Board, depending upon who each Commissioner appointed or how they chose to select, there would only he one Commissioner designated as the Vice Chairman, and that would be pursuant to the existing ordinance that requires that each Commissioner shall have the opportunity to 217 5/24/0) 0 1'�yc serve, and if Commissioners decline. then a person could serve. Currently, the person serving as the Vice Chair has served. 1 think, two years, and that is good. So nothing chatt;;es, ether than the fact that the Commission would he in a position to appoint persons other than the public or themselves, but they would give up one appointment. Mr. Attorney, would you read it into the record? And then we could discuss it. Alejandro Vilarello (City Attorney): Yes. Note for the Record: The City Attorney read the title of the ordinance into the record. Commissioner Sanchez: Mr. Chairman, I have one question on this matter. If -- Whoever the Chairman is, would he still have two appointees? Commissioner Tecle: That provision doesn't change, and 1 would just yield to the Attorney. Right no%%. the way it -- If you recall, this was a compromise made for Mayor Suarez and Mr. Hernandez. And initially, and originally, the way it worked was that the Commission designated the chair. When Mayor Suarez came into power, he asked that that be changed, and that the Mayor be designated. And so the Commission, by a majority vote, must designate the Mayor. That does not change. The :Mayor docs remain as the Chairman, so long as the Commission designates him as chair. Commissioner Sanchez: I don't think that was my question. We said that the Mayor -- Would the Mayor always stay as the -- Commissioner Teele: The Mayor does not have to be the chair no%%-. Under the -- Mr. Attorney -- Commissioner Sanchez: Exactly. Commissioner Teele: -- correct me if I'm wrong. Mr. Vilarello: The ordinance provides that -- shall be -- One member shall he the Mayor, who shall he an ex-officio member -- Conmiissioner Sanchez: And he has also -- lie has two appointees? Mr. Vilarello: -- and the Chairperson. Commissioner 7 cele: He only has one appointment. Mr. Vilarello: One member shall be the Mayor, who shall he a voting ex-officio member and the Chairperson thereof. It continues on to say: And serve for a period of one year. Commissioner Sanchez: OK. So xyhen the other Commissioners appoint a chair, would he still have two - Mr, Vilarello: There is a Commissioner who is appointed by the City Commission, That individual will act as the Vice Chairman. If other Commissioners appoint themselves, they will maintain only one other appointment and they will not act as the chair. 218 5/24101 Commissioner Teele: How many appointments does the Mavor have currently? That's the question that - Commissioner Sanchez: That's the (question. Commissioner Tecle: -- Commissioner Sanchez is asking. My interpreting is, is that the Mayor has one appointment, and it's either himself or someone he designates is the way that ordinance reads. Mr. Vilarelln- No. No. He is -- lie doesn't have an appointment. He is the chair. He is the member. Commissioner Tcelc: So he has no appointments, Mr. Vilarello: Correct. Commissioner Tcele: You sure? I thought Suarez insisted that that language be written so that he could lie chair or he could designate someone. It didn't? 1 apologize. I stand correct. Commissioner Sanchez: OK. Vice Chainmman Gort: OK. Further questions. Commissioner Winton: Yeah. Commissioner Teele, and you should -- you have every right in the world to hind of hark at me here, because I was asleep at the wheel when this was read last time. I didn't understand this until this time. So I would have asked these questions last time if I had understood what I was doing, but I was focused an Bicentennial Park, so kind of missed it. I'm not sure, and I don't take anythin;� that you're doing here personally at all, because I know it's not directed personally to me. But tlmc question is. tf we're going to do this. why don't we -- why would we not do this with other boards ,khere we have multiple appointments, like International Trade Board and some of the other boards, the sonic way. Commissioner Teele: OK. Let me explain why. Three or four things are happening here. First of all, I don't take exception to the question, because but for this ordinance, you have to come off the NISEA Board. Commissioner Winton: Right. Commissioner '1 cele: This MSEA Board protects you, because under the ordinance as it's written, once you serve one term, you are obliged to resign, unless everybody else declines the appointment. Is that a fair statcnment, Mr. Attorney? And is that the way you understand it? Mr. Vilarello: Yes. Yes. Commissioner Teele: And technically, you've served two years. We all declined, to allow you to do that, so to speak. But -- 219 5/24/01 Vice Chairman Gort: It means you're dome a good ioh. Commissioner Teele: Because you're doing a great Job. Commissioner Winton: "'ell, I don't mind. You know, you .ould change it. Vice Chairman (ion: No. no, no. Commissioner Winton: My feclings won't he hurt. Conimissioner Teele: No. no, no We don't need to -- no, we don't need to change it. But what I'm savin is this has nothing to do with your current appointment. In fact, it ensures that you stay on the f\1SFA Board if you choose to. It you choose to, number one. Number two, 1iSEA, unlike the DDA. f;ayfront Trust. CRA (Community Redevelopment Agency), which is one %%-here we do have that, is difterent In this retard: One of the things that we're confronted with from day to day is this whole issue 111;11 wr'rc -goin" to get into in a minute called Roots and Culture. If we were using MSEA the way I think C hl isuna Abrams, who is head of the Departinent of C'unventiuns and Tourism, the way I think the Bud_ct Direclot would under -- would perhaps engage in a discussion %yith, we would really use N1SFA more to picniotc Citawidc activities - parades, festivals. And what 1'd like to do -- this is the first step. In Septeniber, I would like to eliminate all special event funds from the City budget. Right now, we have a three hundred thousand dollar (5300,000) special events fund. i would like to move that fund *to MSEA, 'incl then work with !yISEA to adopt an objective criteria, you krto\k, sort of like the beds and heads rule. It you don't produce heads on the street or butts in the bed, you really shouldn't Let the kind of money for a local. you know, garden party. And just like today, you met, I think, one of the people that f1cN, in troln 1Iarti lust tut the Roots and Culture event. There will he at least two to three thousand people that we know about that are flying in from Haiti, not to talk about Nc\% York. The group, itself. is flying, in over 100 people from Ncw fork that are performers. \ e're going, to see the same thing with the carnival. So hat I'm hoping to do is to get the Commission, as a Commission, out of parades andin-kinds for this, and icstiyals for that, and use an objective criteria, as established by the State law that talks about promonn.-, of the City of !Miami, like for the brand Prix. as an example. And so it's my intent -- and 1 s;grtalyd this io the Budget Director. 1 signaled this to the MSEA Director and to the Conventions people, simply saylrw: Look, I hope you all don't take offense in September. because I think we need to get out of the parade business and festival business in City Hall. All of that needs to move over to MSEA, because that*s where we should develop the expertise in determining whether or not an event really does promote the image of the City of Miami. And we need to move away from who's politically connected, or, quite frankly, what district it's in, because candidly, ,1.1_. -- 1 mean candidly, candidly, candidly, Johnny, I.L. used - Commissioner Winton: It's taken a year and a half. Commissioner Tecle: A year and a half, Rut candidly, Johnny, in all seriousness -- and lot me apologize - - the one thing that 1 realized about what J.L was doing in the Grove and downtown is you have the best venues. And so if we start talking about three events per district, it doesn't make sense. It's not fair to Goombay, what we did to Goombay this year. OK? Because Goombay happens to be in your district, but everybody knows people from all over the Bahamas come here for Goombay. It's the largest Bahamian festival in the united States. And su what i'in trying to do is get this away from a district, but get it to an 70 5%24/01 • 0 ohlective policy that the MSEA staff can work with, the City Convention and -- to ntaxinlizc and ever; le\ eraee dollars. And the hest %va\ to do that. quite candidly, is for all of us to take the give-aWil� programs, the fee waiver programs over to MSEA, and have a staff that can do that. And that's what 1110 mission of MSEA is, is to promote the image of the City of Miami. And I think we got a Director. finally, who's really understanding that, who knows that business, and he's doing; some C, -eat things So that's just sort of how I sec it. And that's Where I'd like to go with this. Commissioner \Vmlon: And snore importantly. we can use our bed tax dollars that we don't Leet to always U1iliZe u► cant' out that -- part of that task. So I guess our Executive Director will also have to do some kind of budget crunching, as well, to figure out how we can do some of this. But that'll he his challenge. Vice C'hainnan Gott: OK. Any further discussion on the motion" Commissioner Sanchez: 1 just have to say on that, on the issues that were discussed here, I think it's sortiething that needs to be further discussed. Commissioner 1 eele: Absolutely Commissioner Sanchez: You know. to make a decision like that today is something that I'm not prepared to do. Commissioner Teele: I'm not prepared to nog\•. Commissioner Sanchez: 1 understand. But, you k.nou . I could see a lot of good things you're saying in translcrrinc it over, but I think that, you know, we need to move very cautiously here before we -- once drain -- We rush inter things that six or seven months, we might regret. So that's just my opinion on that matter. Cunitriissioner \Vinton. Well, 1 think ration, because 1 asked Commissioner Teele what he was thinking about there. and that's what drew that out. Commissioner Terle: But i said I proposed to discuss this in September. I didn't say I proposed to discuss this now. I think there needs to he analyses. Let me tell you something. The biggest savings is the tact that we spend -- when w•e do it as an event out of the special events budget, we pay time and a half. When we do the same event out of the DDA (Downtown Development Authority) budget, we pay time. You reduce your cost b\ 25 to 30 percent. You'll get 25 -- And Chief Martinez, you need to correct the record if I'm wrong. But you'll get 25 to 30 percent more dollars -- say again? Carlos Ginienei (City Manager): I think you're correct at this time, yes, sir. Coinniissioner Teele: On that, now, I mean, obviously, we don't want to take anything away from time and a hall' in the Police Department if there is going to be a City function. But if you move the money to another account, if you have that dollars leveraged for -- you know, instead of three hundred thousand dollsrs 15300,0001, we're looking; at an eight hundred thousand dollar (5800,000) kind of budget, it's goin'u, to be better for the Police. it's going to be better for the Fire, it's going to be better for the citizens, it's going to he heticr for the City. And so that's what we're trying to look at. 221 5/24/01 Vice Chairman Cron: Gentlemen, we have an ordinance that's on the table. It's been read. Are we all clear on the ordinance? Roll call. Walter Foeman (City Clerk): 1 need a movant and a seconder. Commissioner Teelc: So move. Commissioner Rcgalado: Second. An ordinance entitled AT ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISIO\ 6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS(MIAMI SPORTS AND EXHIBITION AUTHORITY," TO ALLOW CITY COMMISSIONERS TO BE APPOINTED AS Ea-OFFICIO VOTING MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA" ); MORE PARTICULARLY BY AMENDING SECTION 2- 1013(3) OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of May 10, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading, by title, and was passed and adopted by the following vole: AYES Commissioner Tomas Regaiado Commissioner Arthur E. Tecle, Jr. Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: Commissioner Joe Sanchez ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12073. The ordinance was read by title into the public record by the City Attorney. Vice Chainnan Gon: You have to remember, this is first reading. it's got to come back to us. Nlr. Vilarello: No, this is second reading. Vice Chairman Gort: No, this is second reading. Yes, yes, yes. 222 5124/01 59. (A) GRANT APPROVAL TO RFPRESFNTATIVE(S) OF ROOTS AND CULTURE FESTIVAL FOR FEE WAIVERS, $7,442.30 FOR APPLICABLL PERMIT AND ADMINISTRATIVE FEES; REQUEST THAT EVENT ORGANIZERS PAY, $14,000 TO OFFSET COSTS FOR Cl'1'Y PERSONNEL SERVICES (I.E. POLICE, FIRE, SOLID WASTE); ALLOW DISPENSING OF ALCOHOLIC BEVERAGES. (B) GRANT $39,000.00 FROM SPECIAL EVENTS FUNDS TO CENTER FOR HAITIAN STUDIES, INC., 501(0)(3) NOT-FOR-PROFIT ORGANIZATION IN FLORIDA, TO PROVIDE SUPPORT FOR COMMIUNITY ACTIVITIFS IN HAITIAN COMMUNITY, PROVIDE ADMINISTRATIVF AND FINANCIAL- SUPPORT TO ROOTS & CULTURE FESTIVAL, INC.; AND PROVIDE UNCOMPENSATED SUPPORT FOR ACTIVITIES TO NEWLY ELECTED N4A)'OR JOE CELESTIN, MAYOR OF NORTH MIAMI. Vice Chairman Gort: Next, What other item' Commissioner Teelu: Mr. Chairman, the Roots and Culture event was on the agenda note truce, and it was deferred. I'll yield to T'eachcr Carline, tyho is here representing the Roots and Culture. And Teacher Carline, our rules require that you identity yourself and give an address, please. Carline Paul: My halite is Car'ine Paul, 1.148 Northeast 147`i' Steel, but work right ill the hcarl of Little Haiti, 4141 NortliNtiaml AVC1111c. I hllllg gl-Uting5 to YOU oil hehalf'ol the Board ofthc Roots and Culture Faundation and the staff. And I ani there to let the City of Mlianli know when moved to Miami 19 years ago, it was in the spirit of that multi -cultural diversity and the warm weather that brought lite front New York to Miami. And today, when I look at activities like Goombay. I look at activities like Calle Ocho, and we have our own activity in the heart of Little Haiti. That is the Roots and Culture Festival, Last yelu, the Miami Herald estimated 150,000 people carie through lite Little Haiti area fur the Roots and Culture !'estival. This year, with 1110 help of the Miami -Dade County Public School, we identified five schools that will have their marching band in a parade in the Little I laiti area, 54'" Street, North Miami Avenue to tit" `i Street. Our goal this year is to bring in more than 150,000 people. The City of Miami is very lucky to have all of these people conning into the City from all over the world. Today, tic have 40 people flying in iron Boston, Haiti and Nett .iersey that will be attending the Routs and Culture festival. We have another 130 people tonlorrotti that are flying in from Haiti. And When these people collie into the City of Mimni for this event, they go to hotel, they rent cars, and they pay bed taxes, and they become an economy in the City of Miami. And I'd like the City of•l\lianli to know that we do nut put them in North Miami, where we have a lot of l-laitialls. We pill them at the Intercontinental and w0 put (110111 in hotels around the City of 1\liami. So the dollars and the constituents that lives ill the City of Miami are very proud of that territory that the Haitian community rightfully claim and call Little Haiti. So we arc very proud to be a body of immigrants who migrated into South Florida and chose the City of- Miami as our hone base, even though many of us have migrated to North Miami, but toe never lorgcl our roots. In Haiti, we have a proverb that says don't leave your old put for new poly. Su the City of Miami is where we started and we intend to stay there. ,And (his is why the Roots and Culture Foundation has established their office in the heart of the district, and we will cunlinue working with all the entities involved in order to make this event a bigger event. This year, we have had some 223 5l24101 1IiIij[e . difficulties in dealing with police and fire, simply because the amount of money that we had to pay last year fur police has tripled this year. And we understand the reason why it's tripled is because we moved from having a festival with a couple of hundred people to 150,000 estimated to the Miami Herald. So we need more police officers. We understand that. And we need more fire, in case of emergency. 'therefore, our bill has skyrocketed. And today, 1 conte before you to sec how we can do this event and let it be a success with the means that we have in order to make it happen. We're going to have a parade on Saturday that's going to start at 9 a.m. 'The parade will leave the lot of file Notre Dame Church of Haiti on 62" Street, and it will go clown Northeast 2"`t Avenue on 55"' Street. It will turn and go down to north Miami Avenue, and North Miami Avenue to 62"" Street, where tine students and the entourage will go back to the church. And there will be a VIP ection for all of our elected officials un 54"' Street, and also, there will be a I'll' section 1`61 -all of the Dade County School bands and majorettes that are going to be paint of this parade. i came here with several pieces of art from Jacquemcl. If anybody here is from Haiti and they've heard ol'Jacquemel, that's where they do carnival with most color and beauty. And this year, its Jacqucmel, they did a bunch of heads of people from the 20"' Century that are very famous that arc no longer with us. And they also did a lot of animals. As you know, I laiti is from the Caribbean. In Africa, we have many different animals. And this year, in carnival in Haiti, these heads wcrc represented. And we could be a lion. And (his year, wl►at we did, we went to Jacquemet, and we brought 40 of these different heads that will be part of the parade. And we have Lade County Public School students, Miami -Dade Community College students that are going to be wearing these masks. `1'c also have a couple of presidents. We have Mandela. We have President Aristide. I'm gong to leave the rest a surprise, so when you guys Coote in, you really can enjoy it. So 1'1111 standing before the City of Mianli Commission to let them know that we need every stippoil tial we can get from them. We have a long way to gu and very little bit of time to snake it happen. Vice Chairman Gun: Thank von, ma'am. C ommissionei- Teele. Commissioner Tecle: ']'hank you, Mr. Chairman. if (lie Police Chief and the Special Events Coordinator would come forward, I want the Commission to be aware that this is the seventh Roots and Culture Festival, and it is being -- taking place, as 'Teacher Carline has said, in the City of Miami, on a State road, 54`x' Street. One of tCie things that has happened in the past -- and T don't want to revisit all of the things that have happened -- but thea has not been the level of coordination and C011111MIlieatiUtt in the past that i think we've had and enjoyed this year. One of the hopes, Mr. Manager and Commissioners that 1 have is that a part of what MSEA (Miami Sports and Exhibition Authority) will do will be assign certain community-based organizations that have the potential of bringing people to this community, or bringing, fame, or publicity, media, and they'll work with them, because clearly, there is a need to establish better technical assistance and support. And 1 think we've come a long way over the last year. It should be put on the record, noted that last y<:ar, the Police Department operated under severe difficulties. In fact, for two successive years. And it has only been, really, with the police furbearunce that this event was not -- let's just say the permits were not issued. The number of police that were available last year for this event is about half of what the Police Depailment is budgeting this year. And the reason that the budgeting; has tone up is because the crowd is much larger than anticipated. There is a hot sun, festivities, and perhups celebration, and the Police Department has, in filet, gone from -- 1 think it was -- how many officers last year to how many this year? 224 5/24/0 1 • • Raul Martinez (Chief of Police): Commissioner, Raul Martinez, Chief of Police. Last year, I believe we had 23, 24 officers, plus supervisors and commanders. This year, we have 52 officers, seven sergeants, two lieutenants and a captain. And beyond the crowd is that this year is longer. They've extended three additional blocks. Last year it was front 54"' to 59"' Street. This year, it's all the way front 54"' Street to 62"d Street, plus there's a parade. Commissioner Teele: .And Mr. Chairman, the reason I want to lake tittle is there's a lot of lnisttnderstanding on both sides of the equation. The Haitian community !'eels that the budget is just designed to rut thein out of business. The budget has more than doubled from last year. I've rC\'iC\VCd the budget, the Chief has reviewed the budget; the Chairman cif the Roots and Culture, Mr. Stanley Alexis has reviewed the budget And we all three agree that the budget, while it's very, very expensive, it's a lair budget, based 1113011 the challenge of keeping good order and good decorum in the c•omnuulity. On the other side Of tile equation, the 1'OliCc Department, and particularly the Police union, the FOP (Fraternal Order of Police) has raised questions as late as 1 i o'clock last night, when they got me on the plume lust, that we \acre cutting back un the number of police so that \vc could bring in other law enforcement to take away jobs. The truth is, is that the County has committed to provide up to 25 police units tnr this event. The City of North Miami, in (hill till' Mayor elect or the Nlayor Uf North Miami will be the grand marshal is committed to providing motorcycles and any other support for this event. Bill all of those resources arc, first and 6oremost, under the command of the City of kliarrii Police Department. And even though those resources are being brought in, the City is not reducing the level of City of Miami police or total police that we feel necessary. .And I want to pill that on the record, because apparently, the FOP members bot the word that the County was coining, Ill, and that the City's role was being rolled back. And you've told nle that's not true, Chief, and 1 just think that ought to be put on the record. Chief Martinez: That's correct, Commissioner. The County officers that are coming are augmenting the police lbrcc that will be there for the two days. And don't ibrgel, the reason it requires police officers is not just the crowd and the event. it's that we're shutting down the street. Miami Avenuc from Friday night all the way to Monday morning, because you're shutting down the whole area. So il•you have 10 have -- just even when the festival is not there, you have to have police officers to re-route traffic, and for security for the booths and the stages. Commissioner 'Poole: And it's not just Miami Avenue. It's 55`1i Street, 011 both sides, 56 1' oft both sides, all the way down to G2"Id1. SO 1 JUSt think that, Nor. Manager, the department has acted extremely responsive and responsihle. The Special Events Major, I \\giant to commend him. I meall, lie was concerned, also, about police coming in. And 1 want to report to the City Commission that when I went before the County Commission two days ago, not only were they enthusiastic, i think at least fuer County Commissioners have indicated to our sergeant at arms that they intend to come over and participate. But Commissioner Natacha Millan vuluntecred, and reduced her office budget by two thousand, five hundred dollars ($2,SUU) and insuuctcd the Manager to make the check available to the Roots and Culturc, as did Senator Soto reduced his office budget by one thousand dollars ($1,001)), and asked that a check be delivered to Roots and Culture. So the point is, is that the City of Miami is the venue for really a regional, it metropolitan event, And I think, you know, the City can do no less. At the sank tittle, I would 225 5/24; 01 like to move a resolution that requires that the Roots and Culture Festival, Incorporated, shall pay to the City of Miami, in cash or in cashier's check by no later than end of the business day on Friday, May the 25`x', the amount of not less than fourteen thousand dollars (S 14,000) to offset the cost of the parade and festival to be held on the streets of Miami, North Miami Avenue between 50 Street and Northwest 62"d Street on Saturday and Sunday, May 26th and 27'x'. And additionally, the City of Miami will waive the amount of seven thousand, four hundred and forty-two dollars and thinly cents ($7,442.30) for the applicable permitted and administrative fees, waivable fees with the condition that the Roots and Culture Festival, Incorporated shall provide proof of the liability insurance regarding alcohol to protect the City of Miami in a manner prescribed by the City Manager or his designer. 1 would so move. Vice Chairman Gon: There's a motion. Is there a second? Commissioner Sanchez: Second. And the money would cone from the Special Events? Commissioner Teele: No, no, no. This is money that we're requiring that Roots and Culture pay over to the City of Miami in cash or a cashier's check by close of business tomorrow. That's the first part of the motion. Commissioner Sanchez: And then we return back seven thousand. Commissioner Teele: And we would waive seven thousand dollars ($7,000) in fees, of waivable fees, which we -- (N. AUDIBLE COMMENT) Commissioner Teele: And I would so move that, and Commissioner Regalado has seconded it. Vice Chairmun Gort: OK. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. 226 5124/01 0 • The following resolution was introduecd by Con-imissioner Tcele, who moved for its adoption: RESOLUTION NO. 01-523 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATND TO T11F: SEVENTH ANNUAL ROOTS & CULTURE FESTIVAL, CONDUCTED AY THE ROOTS & CULTURE FOUNDATION, INC. (THE "ORGANIZER" ), TO BE HELD ON NORTH MIAMI AVENUE, BETWEEN NORTHWEST 54"" STREET AND NORTHWEST 62,c STREET ON SATURDAY AND SUNDAY, MAY 26 AND 27, 2001; AUTHORIZING THE CITY MANAGFR TO ISSUE A TWO-DAY PERMIT FOR THF SALE OF ALCOHOLIC BEVERAGES DURING SAID EVENT IN THE AREA DESIGNATED HEREIN; AUTHORIZING THE WAIVER OF Fl,,'] --;S AND PERMITS, IN AN AMOUNT NOT TO EXCEED $7,442.30, CONSISTING OF DEPARTMENT OF POI.ICh - PERMIT $100 AND ADMINISTRATIVE IEE INCLUDING SURCHARGES $4,986, DEPARTMENT OF FIRF' RHSCUE - PERMIT $55 AND ADMINISTRATIVE FFF $264, DEPARTMENT OF SOLID WASTE - EQUIPMENT RENTAL 51,788, DEPARTMENT OF PUBLIC WORKS - PERMIT $789.30; DIRECTING THE CITY MANAGER THAT THE ORGANIZER SHALL PAY TO OFFSET THE COSTS FOR CITY PERSONNEL SERVICES, 1N AN AMOUNT NOT TO EXCEED 514,000; AND DIRECTING THE CITY MANAGER THAT SAID AUTHORIZATIONS SHALL BE SUBJECT TO THE ORGANIZER: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLEi FETES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE, INCLUDING BUT NOT LIMITED TO LIQUOR LIABILITY, TO PROTECT Tlih CITY 1N THE AMOUNT AS PRESCRIBED BY TI IF CITY MANAGER OR HIS DESIGNEE; (4) INSTITUTING AN IDENTIFICATION PROGRAM 'CO ASSURI: TIIAT ONLY THOSE INDIVIDUALS OVER THE AGE OF TWENTY-ONE MAY PURCHASE ALCOHOLIC 1317VERAGHS; AND (6) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESC1ZIl31:D BY THE, CITY MANAGER OR IITS DESIGNEE. 227 .5/24101 (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: AYFS: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E, Teele, Jr. Commissioner Johnny Winton Vice Chairman Wifredo Gori NAYS: Done ABSENT: None Commissioner Teele: I would further move that the City of Miami provide a grant from the Special Events Fund in the amount of thirty-nine thousand dollars ($39,001) to the Center for Haitian Studies, Incorporated, a 501(C)(3) not -fur -profit organization in the State of Florida to provide support for community activities in the Haitian community, and specifically, to provide administrutive and financial support to Roots and Culture Festival. And further, to specifically provide uncompensated support for the activities in the City of Miami regarding the grand marshal, Mayor Joe Celestin of the City of Not1h Miami. I would so move. Commissioner Winton: Second. Vice Chairman Gort: There's a motion and a second. Discussion. Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by C'onnnissioner Teele, who moved for its adoption: RESOLUTION NO. 01-524 A RESOLUTION OF THE ?MIAMI CITY COMMISSION GRANTING IN AN AMOUNT NOT TO EXCEED $39,000.00 FROM THE SPECIAL EVENTS FUNDS TO T Hh CENTER FOR HAITIAN STUDIES. INC., A 501 C-3 NOT- FOR-PROFIT ORGANIZATION IN THF STATE OF FLORIDA, TO PROVIDE SUPPORT FOR COMMUNITY ACTIVITIES IN THE HAITIAN COMMUNITY AND SPECIFICALLY T -O PROVIDE ADMINISTRATIVE AND FINANCIAL SUPPORT TO THE ROOTS & CULTURE FESTIVAL, TNTC.; AND TO PROVIDE UNCOMPENSATED SUPPORT FOR ACTIVITIES TO THE NEWLY ELECTED :MAYOR JOE CE-'LESTIN, MAYOR OI" NORTH MIAMI, (Here follows body of resolution, omitted here and on tile in the. Office of the City Clerk.) 228 5124/01 Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny Winton Vice Chainnan Wifredo Gort NAYS: None ABSENT: None Commissioner Teele: Thank you, Mr. Chairman. Teacher Carline, the point here is that this City is asking Roots and Culture to continue to make a financial commitment and grow your organization. it's our goal and our hope that this event will become as big w; Calle Ocho. And the good thing about Calle Ocho, they do the largest national event of its kind, and they don't come to the City for anything but good wishes and good luck. And we would like very much to sec the ilaitian community's Roots and Culture. over the next three to live years become totally self-sufficient. Ms. Paul: And we are working towards that. And on behalf of the Board of the Roots and Culture and the members, 1 want to thank the entire City ofMiami Commission. Conunissiorter Teele: And I would like to yield, also, to Commissioner Regalado. Commissioner Regalado: Yes. I think that it's important what we did here tonight, because 1 remember when none of us was sitting in this Commission that I came to cover as a journalist some of the meetings, and \Villy was very involved in the Kiwanis of Little Havana. And by the third or the fourth or the fifth year of Calle Ocho, they did come here to look for help. it wasn't until the tenth or the 12`x' year that they got national sponsors, big lime national sponsors that -- for them to be able to be not only self-sufficient, but to donate hundreds of thousands of dollars to the community. And they do that every year. So 1 think that by taking you by the hand this year, and probably next year, what we are doing is we are mirroring the Kiwanis of Little Havana and Callo Ocho. And if you had 150,000 people last year, and if you have 175,000 people this year, you know, it signals that this will become a major event, probably the biggest Haitian-Amcricun event throughout the United States every year. So 1 think that we need to be very clear in the commitment to you. But you also have to start marketing your product, trying to bet sponsors, trying to get people that know -- And frankly, bringing other cornmunities. And Arthur, on the First, and tile, second, and the third and the fourth year of Calle Ocho, there were only Cubans dancing and eating. But now, if you go -- I'm sure that many people have gone -- there are people from everywhere. Note for the Record: Commissioner Sanchez exited the Commission chamber at 7:45 p.m. 229 5124/01 Ms. Paul: All over. That's true. Commissioner Regalado: So -- and this is what you need in your festival. Ms. Paul: And this year, we're going to have that, Commissioner Regalado. We have a group of Dominicans. We're looking -- we have a couple from Cuba that will he dancing for its, Venezuela, the Latin dancers. And we also have people who 11cw in from Haiti and file Dominican Republic. So it's becoming that. And we also have the African-Americans. We have members of BET, Black Entertainment TV, MTV that are going to be with us. Channel 7 is going to be hosting some of the events on Sunday. So it's becoming that. And we are looking forward to making it bigger. Thank you. Vice Chairman Gort: Well. 1 have to tell you, we -- Ms. Paul: For the record, though, I -- Vice Chairman Gort: We have to make sure -- Ms. Paul: 1'd like to say for the record, another Commissioner in the County Commission, Commissioner Dorrin Rolle, ho has come through for its with some dollars, also. Vice Chairman Gurt: Well, I think you have it lot of support. And it showed the other day when you had the swearing ceremony of the Mayor elect, Celestin, which Commissioner Tccle and myself, we were very pleased to have presented the key to him to the City, and any assistance we can give him, we'd be more than glad to do so. But we also have to make sure that this becomes very suceesstbl. I was part of the Calle Ocho when it first began, and we had the same problems that you had. So the idea is we hope that we can film some of these events that are taking place in tite City of Miami, lVlr. Manager, and we can play them hack. And we need to make sure that you get the right publicity, that the news media covers the event, and that we have the right entertainment, so this can be displayed, and that's how you get your national attention, you bet your national sponsorship, which is very important. Ms. Paul: And Commissioner, you're going to be part of the parade. So therefore, they will cover it. The media will be there, because all of the Commissioners are invited, and we are looking forward to having all of you at the parade. Vice Chairniun Gort: And 1 have to tell you, from experience, for next year, you have to start planning on Tuesday. Next year's event, 011 Tuesday, you start planning. Ms. Paul: )"call, we plan on doing that. But the two buys who founded the Roots and Culture Festival have died. 1'wo years ago, one died in I-tuiti and last year, the other one died here in Miami. So therefore, his brother, Stanley Alexis, who has taken over the foundation, is working very hard, and I'm very proud of him. Commissioner Teelc: Mr, Chairman, I would just like to make two quick observations. Mr. Manager, your staff has been extremely prolcssional and helpful, but very profcssiunal. And a 230 5/24/01 11,11102 lot of what's happening here is that this hasn't always been as organized as it is right now. I want to particularly thank .Ms. Blanco, from your Special Events staff, and as 1 indicated, the major and the lieutenant in Special Events in the Police Department. The commander of the event is a person who has every reason to say, I won't have anything to do with this. He had a very unfortunate circumstance. But he is a professional. Lieutenant McQueen is the commander of this event, and lie's doing this with great enthusiasm, as is Major Murton. So ].just feel that we're really beginning to show the Haitian community that we're respecting them. Mr. Chairman, l want to retort that your sergeant at arms was working last night at 1 I o'clock at the Roots and Culture Festival Office, trying to coordinate barricades, and the kinds of things and the communication with the various police departments. And so it's something that l think we can all be very proud of And finally, Chairman Margolis, who acknowledged our request at the request of Commissioner Barbara Carey and Commissioner Rolle, said to me again today she wants to come to the parade. She wants to he in the parade, but she just does not like all of that sticky stuff that people throw sometimes in these parades. Ms. Paul: No, we Haitians don't do it that way, so she can come. Commissioner Teele: So I hope you all will assure County Commission Chairman Margolis that she's going to be well received, and her St. Johns outfits will all look just like they do when she finishes a parade, And we're looking forward to a great event. Thank you, Mr. Chairnan. Ms. Paul: I'll make note of that and make sure they do not throw any sticky things at her. Commissioner Teele: Thank you. Vice Chairman Gort: Thank you. �E 231 5/24/01 60. RESCHEDULE- FIRST REGULAR CITY COMMISSION MEETING OF JULY, ORIGINALLY SCHEDULED FOR JULY 12, 2001, TO TAKE PLACE ON JULY 10, 2001, COMMENCING AT 9 A.M. Vice Chairman Gort: Do wt have any other items? Do we have just pocket items? Commissioner Teele: We have the budget. Walter Foeman (City Clerk): Mr. Vice Chair. Commissioner Teele: We have the budget. Alejandro Vilarello (City Attorney): Actually -- Vice Chairman Gort: Item 11. vIr. Vilarello: On Commissioner Teele's -- Vice Chairman Gorr. Well, wait a minute. We need to make a motion on the change of the meeting date. Would you repeat the resolution or the motion. Mr. Vilarello: I'm sorry, which motion? The change -- Vice Chairman Dort: Changing the day of the meeting of the 28`h, combined meeting ibr the 14'h. Mr. Vilarello: That would be a resolution of the City Commission changing the Commission meeting of June 28`' to -- Mr. Foeman: Excuse me. It's for July 10"', Mr. Vice Chair. That's the one we didn't have the motion on. Vice Chainnan Gort: You do have the other one? Mr. Foeman: Yes. Vice Chairman Gort: OK. Commissioner Tecle: 1 so move the July 10`'. Vice Chairman Gort: Moved. It's been moved. Is there a second? Commissioner Regalado: Second. Vice Chainnan Gort: All in favor, state it by saying "aye." The Commission (Collectively): Aye. 231 3/24/01 ■ �J The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 01-525 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING OF JULY, ORIGINALLY SCHEDULED FOR JULY 12, 2001 TO TAKE PLACE OT JULY 10, 2001, COMMENCING AT 9 A.M. (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 Arthur E. Teele, Jr. Vice Chairman Wifredo Gort NAYS: None ASENT: Commissioner Joe Sanchez Commissioner Johnny Winton k rlY `r - 1 .�4 �} a < S 2 m f � r r x s µ Y Y `f ^.a• get,a' y'y a ;+L' h��1,y. 4t -i$ 4YiM>�'� rsyWg1 �• R ''F ,TIO . NA -"5 d r 3 { { a an tek'si ire ¢ `"'x '' t•�Y t h +f G#jnMis �t`i+d�'„y ti k ` .�"''.0 xa. `�mf rs 5'� rxd ''3Y^b'5.�*'�7rQa G L'`.r",iry .z t it 'rb r "" ^ fi $, sr� •- ... :P" x ,: ,, m z t � 7, �'s err'.`., 232 5/24/01 • E 61. EMERGENCY ORDINANCE: AMEND SECTIONS 2-32 AND 2-33 OF CITY CODE "ADMINISTRATION/CITY COMMISSION,TIME AND PLACE OF MEETING," TO CHANGE TIME CITY COMMISSION MEETINGS SHALL COMMENCE FROM 9:30 A.M. TO 9:00 A.M. Vice Chairman Gort: 9 o'clock meetings, You have the ordinance'? Emergency ordinance. Alejandro Vilarcllo (Cite Attorney): This would be an emergency ordinance moving the time of the Commission meeting from 9:30 to 9. Vice Chairman Gori: Roll call. Commissioner "Teele: So move, Mr. Chainnan. Vice Chairman Gort: It's been moved. Is there a soeond? Commissioner Regalado: Second. Commissioner Teele: It requires four votes? Walter Foeman (City Clerk): Yeah. Vice Chairman Gon: Johnny, we need you here. Commissioner Tcelc: Go ahead and read it. So move. Seconded by -- Vice Chairman Gort: Seconded by Regalado. Call the roll. An ordinance entitled AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED :ADMINISTRATION/CITY COMMISSION/TIME AND PLACE OF MEETING," TO CHANGE THE TIME CITY COMMISSION MEETINGS SHALL. COMMENCE FROM 9:30 A.M. TO 9:00 A.M.; MORE PARTICULARLY BY AMENDING SECTIONS 2-32 AND 2-33 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Teele, and seconded by Commissioner Regalado, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: P*xj 5/24/01 AYES 'ammissioner Tomas Regalado b6MMiuioner Arthur E. Teele, Jr. nh' Commissioner y i �Johnny Winton Vice Chairman Wifedo Gortt Lx^J �ri i, NAYS: None a 54 i ABSENT: Commissioner Joe Sanchez Whereupon. the Commission. on motion of Commissioner Teele, and seconded by Commissioner Regalado. adopted said ordinance by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny Winton Vice Chairman Wifredo Gott NAYS: None t ABSENT: Commissioner Joe Sanchez��f �4 4 �z SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12074. x ra F The ordinance was read by title into the public record by the City Attorney. �F# Vice C.haitman Gort: Thank you. A4 7 ' 51Z�p.rx kst` y'? X S t s F h. 5, :✓, kY` tk """a... "Mn�' Jt ��"*� {{ 7 al"", ,4.y+4k r<td r` r'`rzr �Uahe a' a"cS "int' "R" t"' get z P'I, iE VP x q o u i n#+` i� �dia'�'kw qoa t ; :fit§ r „�,,.t d,Fk K ,ir rC ,as i !.'4tg7 ✓ t'ffS �a� r : t i�°�'"a�r' ` vy t t .t 4�'r�,. ' k ,,¢ x ,.^r ,✓'Fd .e'T$ u7 ,�«i,` t`31�a..r"+as tt:ys r'tb3�. a?;Pr,�'.t+. Trt, 'c2�rR ii 5�fsv*%fi+'Axj r�ih.�s' 4,Md z�tt�``�4 tr� "+ 4 i��3,;,�n ?�a�st'L` A 9 tt tot k 234 5/24/01 G?. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 11970, ANNUAL APPROPRIATIONS AND CAPITAL iMPROV)MENTS ORDINANCE, TO INCREASE AND DECREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2001, AND REVISE CERTAIN ONGOING CAPITAL LSI?ROVEMENT PROJECTS AND MAKE APPROPRIATIONS FOR NEW PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2000-2001; APPROVE CHANGES TO TABLE OF ORGANIT_ATION ADOPTED SEPTEMBER 28, 2000 FOR FISCAL YEAR ENDING SEPTEMBER 30, 2000. Vice Chairman Gort: Item 11. Linda Haskins (Director, Management & Budget): Linda Haskins. Director of Management and Budget. This is second reading of the mid -year appropriations ordinance. And I understand I need to read in the record. 'fhere were some scrivener's errors in the ordinance that was presented the last time. They do not affect the total mid -year appropriation, doesn't affect the total budget that was presented. But what happened, there were sonic transfers between departments that were not reflected in the numhers We've handed out to you a revised ordinance showing the changes. In the Mayor's office, the ne%%, appropriation should he six -sixty -seven -three sixty-eight. Vice Chairman G rt: What page is that? Ms Haskins: It's on Page 5 of 20. In Office of Media Relations, the cross -out, the old appropriation should he three hundred thousand -o -ninety-three. I'm sorry, not Media Relations. Civil Service. Three hundred thousand -o -ninety -duce. And the new appropriation, three -fourteen -o -ninety-three. Office of Hearin- Boards, the new appropriation should be -- Commissioner Regalado: Excuse me. What's that? Commissioner Tecle: We're on Page 5. 17s. Haskins: 5. Commissioner Teele: Of this. She just passed it out. Commissioner Regalado: Oh, OK. Wait a minute. Commissioner Teele: Linda, I'm going to support this, but, I mean, you know, this is kind of Haskins: This was had. Commissioner Teele: No, it doesn't look bad. I mean, it looks -- tits. Haskins: It looks terrible. Commissioner Teele: It's great. 1 mean, if you're a computer -- if you can read all this stuff. But it's a lot to absorb. 235 5/24/01 Ms. Haskins: vim-hmm. What it was is it -- Commissioner Teele: What are the changes in this document from the one that was in the book? Ms. Haskins: There are no •- there arc no changes. There arc no changes from wltt:t was presented to you in terms of what we were doing. There are no changes. What happened was when the numbers got transferred into the ordinance itself, the transfer of funds numbers did not get reflected properly. And in a couple instances, the cross -out number wasn't reflected. These arc scrivener errors. It does not change the total. It does not change the -- what was presented to you. It is exactly the same as was presented to you. Commissioner Regalado: Presented to us when? Commissioner Teelc: At the last me. -ting. Commissioner Winton: Because this is second reading. Commissioner Teele: This is second reading. Ms. Haskins: The ones with highlight are the ones that are changing. So if you -- we go back to Page 5 of 20, the Mayor is going to six -six -seven -three -six -eight. There was a thirty thousand dollar ($30,000) transfer that was not reflect -- out of his budget that was not reflected in the appropriation we gave you the Iasi time in the ordinance, but in the backup, it was reflected. In Office of Civil Service, there was a transfer not reflected. Their new appropriation should be. three -fourteen -o -ninety-three. And there should have been a cross -out of the old of three -o -o -o -ninety-three. On Hearing Boards, again, there was a transfer not reflected. The new appropriation should have been six -fifty -one -five -ninety-five. In the Building Department, there was a transfer not reflected. The ne%%• budget should have been five million - one -one -four -one -u -five. In GSA (General Services Administration), again, a transfer not reflected. The cross -out should have been thirteen -four -seven -seven -one -o -trine. And the new budget, thirteen -five -o - seven -one -o -nine. In -- Commissioner Regalado: Linda. Ms. Haskins: Yes. In Law, the old budget should have been four -two -three -six -five -two -three. The new budget should have been four million-two-twenty-fottr-five-twenty-three, reflecting a transfer. Commissioner Teele: You reduced the budget by -- Ms. Haskins: Yes. We took twelve thousand dollars ($12,000) in other legal -- outside legal services front Law and transferred them to Hearing Boards and Civil Service to cover outside attorneys. And those are resolutions that are coming to you today. Commissioner Teele: Linda, is this what -- were those normally paid for out of the Legal Department? 236 3/24/01 nff� Ms. llaskins: Those are normally paid by the departments, but they did not have enough funds in their departments to do that. There was also a change for the Sanitation Enforcement Board that was funded b\ Solid Waste internally for their attorneys. They did not need additional funds to cover that. Commissioner Regalado: How about -- what are we going to do with the money that the Commission approved for the Community Relations Board, the forty thousand dollars (540.000) that never -- Ms. Haskins: The Community Relations Board is going -- went into a Parks CIP (capital improvement project) fund. Commissioner Terle: No, no. Ms. Haskins: The forty thousand dollars (540,000) from -- oh, Community Relations Board. Commissioner Teele: Community Relations. Ms. Haskins: That is not reflected in here. That I was bringing as an -- Commissioner Regalado: And why isn't it reflected? It was approved by the Commission. C onimissioner Teele: You sure that's not in your Page 5, Equal Opportunity and Diversity Program'? Ms, Ilaskins: No. 1 didn't bring it back. 1 thought I needed to bring another ordinance on that. Commissioner Teele: You're reflecting -- Ms. I laskins: Ycah. I'll bring it up in the June -- on .lune 14"' in the emergency -- there's an emergency ordinance for Junc 14`"'. Commissioner Regalado: But 1 mean, why it wasn't there? It was approved by the Commission. Ms. I laskins: It may have been my misunderstanding. I thought that I could -- that I needed to bring that as another ordinance. That must have been my -- it was my misunderstanding. C'ontmissioner Teele: Let me ask a structural -- C'onlmissioncr Regalado: So it's going to be there -- excuse me. So it's going to be there on June 14"' Ms, Haskins: June 14"'. Commissioner Regalado: So when can they start using that money? When can they start using that 1nOrlL'y'� Carlos Gimene7 (City Manager): If it's an emergency. it would be effective ten days after the -- 237 5/24/01 his. Haskins: They get to use it sooner than they would under this, because this -- as a second reading. they can't use 11 for 30 days. And under an emergency, they can use it ten days after .lune 14'1`. Commissioner Teele: But the Ivianagcr can authorize them to start spending up to four thousand. five hundred dollars ($4,500) immediately, can't he? Does he not have that authority? T4s. Haskins: Yes. Commissioner Regalado: No. I think that what they want to du is for the purpose of hiring a staff person. because that's the consensus of the board. And doing other -- they don't have money at all, and they -- you kno�%. after a ycar and a half of not meeting. then they were told that there wasn't any money. It's cry discouraging for these people who are not being paid. Gimencz: 1 think they can start the process as they would if it would have been in here. since (his doesn't take effect for 30 days. They can start that process, and by the 24"' of July, they can hire the indiVidual and become -- takes effect. Commissioner Regalado 7 -hank you. C'onunissinner 'feele: Linda, structurally, if I may, there arc three or four concerns that I have. But could we just go to the non -departmental accounts? .Ms. Haskins: Yes. Commissioner Teele: And what are you doing there? i mean, is there anything that ,you're doing that we ought to knoa about that you -- Ms. Iiaskins: In the non -- Commissioner Teele: -- that You don't want us to know about`' ,Ms. Haskins: No. There's nothing in there. of course not. Non -departmental accounts. 'rhe changes in non -departmental accounts are as follows: We put in a hundred thousand dollars ($100,000) additional reserve for fuel costs, general Citywide fuel costs, because we're seeing increases there. There was a hundred and thirty-five thousand contribution to DOSP (Department ofOFf-Street Parking), relating to the Gusman Theater that was not in the original budget. That was a budget correction. 'There was three hundred thousand dollars (S30O,000) sukgested for consulting fees. because those are. fees that have been spent or %\ ill be spent relating to the stadium issues. Sixty thousand dollars ($60,000) contributed to the Development Summit, to cover deficits in the Development Summit. Two hundred and forty thousand dollars 6240.000) for the Summer Internship Program. Again, this is a program we have every year, and for some reason, it has not been in our normal appropriations ordinance, which we will bring it as part of the norntal course. There is a contribution to Bayfront Park of one hundred thousand dollars ($100,000). This is an item that was expected to be a reduction in the amount that we paid thern, because of a loan payment they owed us, but they paid off the loan in full last year. 'there is another forty thousand dollar (540.000) contribution to Parks C1P. it's redirection of funds earmarked from the -- for the Economic Development Board. There were transfers of the surplus of last year's budgets of Commissioners Gort 238 5/24/01 6161� and Regalado of fifteen thousand -seven -eighty-six and h+,enty-one-thousand-five-seventeen, respectively. A contribution to fund the Homeless Program Administrator and the special assistant in a special revenue fund of eighty-seven thousand, five hundred. And we added an additional parking surcharge reser c. This is a reserve, not an expenditure of two -eighty -eight -five -seventy-seven, because of our increase in estimated parking surcharge. Commissioner Teele: May 1 inquire'' Regarding the Budget Office, itself, what are we doing in the Budget Office to enhance the management component of that? Is not the title of your office Budget and Management or --? Ms. Haskins: Management and Budget. C'omntissioner Teele: Is it Management and Budget", T1s. I laskins: Yes, sir. Commissioner Teele: What are we doing in your office to not just deal with the numbers, but deal with the management aspect of this'' Ms. Haskins: We've taken on a number of initiatives. i think the biggest, the largest initiatives have been involved, and they're reflected to sone extent in this ordinance, in terms of trying to understand the availahihty of funding sources internally within the City. And we've embarked on an effort, working very closely with Finance and a number of the various -- of the other departments in the City in looking at special revenue fluids and CIP funds, and taking a close look at those funds. Are we doing reimbursements as we should? Are there excess funds available? Commissioner 'I Bele: But. set, to tile, Linda, those are budget issues. Let me tell you where I'm going. WL: have a serious -- First of all, this budget presentation is the most intelligent and the most clear budget presentation I've had since i've been on this Commission. Much better than where we were at the hehinning of this year, and that was much better than it has been in the past. So there is no question that we're cleaning up, and there's no question that the departments know that, because things are getting flushed out all over the place. And I don't think anybody should be embarrassed. I think what we ought to do is ask everybody, Mr. Manager, to conic clean on anything that they know about, so that as we get to the end of the year and he in next year, we can have a -- You know, I think we should have almost -- what do they call it when you go out and ask people to turn in their guns? -- an amnesty program. We should pass a departniental amnesty program that says, look, as long as it's not criminal, if it's something that is wronu, you know it's wrong, it's been wrong, put it on the table. No penalty, no problems, no punishment. YOu'll even get an award if you come tbrth with it. Because what we ought to do is take this process from now, .lune to September, and clean up everything. And there's a lot of cleaning up going on now. .And -- But I think what we've got to do is go take the next step, and that is get the green eye shade people on the management side going, because right now, everything is budget. I have a specific concern, which is not maybe a pan of this bud�-et, and I would like to move it as a resolution to companion. I would like very much to get the Management and Budget Office and the two or three Assistant Managers to develop a strategic capital plan. I know that Parks is doing one. I know that -- sir? 14r. Ginienez: We're involved in that process right now, sir. 239 5/24/01 Commissioner Teele: OK. Well. I really do think that we need to look at the strategic reserves and put together a consolidated -- a consolidated plan. It's like the water and sewer issues out there at Virginia Kev. There are a lot of things that we don't need to just jump up and do. We need to do a full inventor, not lust the Public Works and not just the Parks, but an integrated capital master plan, something that really, I think over the next two or three months, we're going to see why it should he done. And I would like very much to ask you to look at that with the three Assistant Managers, the Budget Director. Let's do out here and get a consultant. Let's go to the Oversight Board and identify a proper scope of work, and let's put this together. because there are dollars out there that we can leverage. We had meetings today with the Florida DOT (Department of Transportation). They've agreed to a new level of openness. But what we need is a master plan, an integrated master plan of a strategic approach. And 1 just think that we'rc voing so last. so %well, that I'm hard pressed to question this. I think the one thing that we need -- Is the Police Chief here? Because there are two issues always that we need to deal with. It's the Police hudiet and the Fire budget. Those two budgets represent about what percent of the overall City budget? Mr. Gnrncne7 75 percent. rougthly. Commissioner Tecle: OK. So, you know, we spend a lot of time chasing behind -- you know. But we really need to focus very hard and very closely on the Police and Fire budget, and in particularly -- you know, a part of the problem is. is we have these payment in lieu of taxes where the Fire Department is getting;. you know, killed by the County responses to public housing, for example. if you look at the studies, we've never brought that information forward from three years ago. I don't know if Commissiuner Milton has been briefed on that. but we had a consultant to come in, and that's dust money -oinQ out the door. -,\lid we need to look at those issues as it relates to Fire, and other issues as it relates to Police. The biggest issue is that there is a major shift in Washington, And the shift is going to be police dspartntents are not going; to get the police law enforcement dollars that they did in the past administration. Thal ntoney is going to wind up going to school boards and schools. And yet, we'vr, got some serious coordination and operational problems between our Police Departments and our School Police Departments. And Chief, if you would just come forward just for a minute. We need to begin to develop a progi.ram aggressively now, because that's where the money is going to be over the next four years in Washin,ton. It's going to he education -related policing activities. And are we fully coordinated Nvith the School Board Police'! And do we have good jurisdictional divisions as it relates to who is respnnsible for what areas? Because 1 got accosted the other day by some ladies in Overtown that apparently are raising a difficult time about the lack of proper police across the streets from schools. And I'm saving, look. I thought the School Board was responsible for a zone beyond a certain area. And where Me we on this'? Raul Martinez (Chief of Police): Commissioner, a couple years ago, there was legislation passed that allowed cities to Live the School Board additional jurisdiction, a thousand feet from a school, that School Board Police could enforce anywhere within a thousand feet of a school. When that happened, we approached the School Board. In fact, the School Board approached us that they wanted to do that. That issue ,vas created, was brought in dont of the Dade County School Board, and they didn't pass it. They did not accept the additional a thousand feet around the school. I'm not clear. I have never been clear as to w1i.y they didn't accept the additional jurisdiction we were willing to give to them, but it never happened. Not just in Miami, it didn't happen anywhere Countywide to give the additional jurisdiction to [lie School Board. 240 5124!01 �zI��jKYZe Commissioner Teele: Chief', what percentage of our budget, or Madam Director, over the last four or five years, has been federally subsidized, of our operating budget? Well, let me put it this way: Would it be fair to say that -- Mr. Gimenez: Policing percent, sir. I would say just we're getting 100. 200 police officers. So anywhere between ten and 20 percent. Commissioner Teele: What is the police -- what is the fully allocated Police budget this year! Fully allocated. 1Is. l laskins: Fully allocated, 1 believe it's a hundred and fifty-seven million dollars ($157,000,000) Commissioner Teele: OK. A hundred and fifty-seven million dollars (5157,(X)0,000). Ten percent of that -- it's more than that, though. It's more like 30. 'ice Chairman Gort: It's about twenty to twenty-five million. Commissioner Teele: It's about 20 to 25 percent. Ms. I laskins: Yeah. That was general, general fund. Commissioner -cele: 1 mean, it's about thirty to thirty-five million dollars (535,000,000). Ms. Haskins: Right. Commissioner Teele: Now, this is what -- this is the dilemma that we're facing. that we're driving very fast toward a cliff. We're -- our budget, as high as the taxes are right now or as low as they are, depending on what -- when you're getting ready to run for office -- is about twenty-five to thirty million dollars (S30.000,000) subsidized annually by the Federal grant programs. Those grant programs are going to mature, and then we're going to have to assume that. We're either going to have to increase taxes or increase revenues to cover that, or we're going to have to lay off -- we're going to have to attrition through down -siring of police, which is not a good option, either. What 1 suggested, Chief -- and I mean, you know. I've said it for two years now. I've said it at every budget meeting -- where we should be spending our money right now, particularly in the aftermath of Elian is we should have a very strong unit that is designed to develop grants. And the way you develop grants is through relationships. It's not through how well you write grants. And nobody wants to give the previous Justice Department any credit, whether it be Eddie Gonzalez, who was -- what was his job? Chief Martinez: U.S. Marshall, Commissioner Teele: U.S. Marshall, who is a long time Miami resident and all that channeling money down here. The City of Miami did very well over the last six years of the last administration. Is that a fair statement" Financially. 241 5/24/01 examm Chicf Martinez: Commissioner, we tot percentage -wise the most money on Federal funding from any other jurisdiction in the United States. Commissioner Teele: In the United States. And that needs to be clear. Now, look, we can go out here and squeeze these departments. We can tarn off tights. We can down -size cars. But you know what:' One good relationship with the -- and creative approach in Washington will mean more to us than all of the turned out lights and parking cars that we can do. And 1, respectfully, Chief, said as far as I'm concerned, the numher one job in your department right now, as far as I'm concerned. %% hick is to protect the taxpayers, is that we need to develop a Federal liaison position and role. That person needs to he -- and I'm going to put it on the record -- it needs to be, first, a man or a woman who plays golf well. who doesn't mind traveling. who doesn't mind spending time in \ ashington. D.C. If yon want to know hom transportation dollars go to Tri -Rail and Dade County Transit can't get it, it's hecause the Tri -]tail representatives in Washington knov. iio\k the game is played. lt's played through lust spending time there. not spending time here. and being attuned and akin to this. And it's also knowing where the policy directions arc going, because wherever the policy goes, the dollars go. And the dollars in Washington are going to go now fbr education. I believe we need to develop a pilot program. We ought to take the initiative of meeting with the School Board. I'll be happy to serve as a liaison. `.4'e need to sit down and talk about a pilot program where we agree that one thousand feet around schools -- it will be a whole new unit that w 'll be responsible for, in a suint relationship with the School Board, and start trying to fi fgurc out ho%k to fill some of these holes. They're going to spend money for school security. They're goings to spend billions of dollars for school security over the next four years. And if we sit back, you know what's going to happen? Hie School Board is going to apply for grants, and it's not going to help you one bit. .And we're going to get left out. So, again, I don't know why you all won't deal with this liaison issue. I don't know why we can't develop a program. But Chief. the Police budget is a hundred and twenty-five million of the total -- How much is the total City budget? Vice Chairman Gort: Five hundred and twenty-two.). Commissioner 1 cele: flow much:' .And the Police and Fire is about how much'.' Vice Chairman Gort: 75 percent. Commissioner Teele• 70 percent. (1\AUDIBLE CO`4MCNT) Commissioner Teele: And we need to spend sonic time really working to support our Police Department And I've Lot one other issue, and I'm through on this. We have made a lot of commitments -- Mayor Carollu, you, you, Mr. Manager, myself -- to the community about what we're going to be doing over the next six months in terms of surveys, interviews of former police and current police, of working in a process to try to identify, and redefine and adapt a new culture in our Police Department. All are good things. Mr. Manager, let me tell you my problem with this budget. None of the things that we have all sat around the table and committed to arc being, reflected in this budget. And, you know, you do that in advance. Yogi don't do that behind. And so I'm going to move that we take the seventy-five thousand dollars (571,0()(►) for protocol for the rest of this year and we put it in the Office of Professional Compliance -- is that where that unit is'? -- or wherever you designate, and that we begin the process of 242 5/24/01 followine through with the extensive interviews of the surveys and the kinds of things that we promised the community we're going to do to intcrviccw black police officers. Hispanic police officers, Anglo policr officers on a blind survey basis to get their views on how we can make this department more community - sensitive, and the kinds of positive things that we've all committed to. It's very time expensive, time consuming. it's expensive, it's not to the budget. and I think we ought to fotiow through. And we ought to just take the money from the Protocol Office, go ahead for the remainder of this year and follow though on some of those -- How much monew do we have in Protocol? Seventy-five thousand" Nis. Haskins: There's thirty thousand dollars ($30,000) in expenses that were transferred from the Mayor's office, and the Protocol Of -ice, the addition of the head count was not funded with any dollars. So it's thin y thousand dollars ($30.11(n1) remaining in this (INAUDIBLE). Cuntnussioner 7 -cele: I thought it was seventy-five last week. Yeah, last week, it was seventy-five thousand. Ms. Haskins: Well. that's what we had estimated the cost with the -- for the rest of the vear, funding the rest of the \ car. and the expenses, h \k -as actually a few Cominission meetings ago. I believe, but we did -- whnt \N C were proposing for this "as thirty thousand. Conutussioner (cele: Well, whatever that number is, whatever that number is, I think the place to do it is Professional Compliance. if you want to do it -- Isn't that a quasi -police office? -- or wherever you want ti) do it. I don't want to necessarily put it in the Police budget. But, Chief, how are you going -- What is the thought process on how we're going to follow through on those commitments that we made in terms of moving forward aggressively with PULSE (People United to Lead the Struggle for Equality), and with the two minority police units, as well as the FOP (Fraternal Order of Police), to try to provide for blind survevs and instruments to give the police an opportunity to give us what they really think can be done to make things better around here', Chief' Mailinez: Commissioner, let me answer the question you asked a couple of minutes ago first about the le_;islative liaison. We have -- the inana-ement has approved the creation of a position called Police Lcuislative Liaison. We have agreed to fiord that out of Law Enforcement 'frust Fund. At the June 14"' appropriation, budget appropriation, that will be a position that if the Commission approves, will be created as an additional position. 41'c can't create it until the Commission approves the additional position. C'oniniissioner \ inton: And that person is doing what? Chief Mailincz: This position is goin4 to he strictly to rebuild whatever bridges we may have lost with Washington, you know. Comnussioner %Minton: OK. Dealing with Commissioner Teele's latest issue. OK. I got it. I'm clear. Chicf hiartinez: To deal with other law enforcement agencies. Federal and State, so on and so forth. On the; Issuc of the -- 243 5l24A11 rzr�r� Commissioner Teele: And also, Chief, to coordinate with foreign covetnments. and to continue what you all have set up. You kno%%, AiD and the Justice Dcpartmeni stave LIS a real «in when the\ let Mianii he the host of the International Police Chiefs Association. And, you know, again, it builds on this notion ilia, we're the capital. And they planned to take it to Colombia somewhere, but then they all have been voting, saying, we'd rather come back to 1:1ami: is that correct? Chief Martinez: We just got a letter last week from the General in Colombian saying they would rather not host it in Colombia this year. So we're considering now whether to bring it back to Miami or to host it somewhere else. C'omniissurner 'I eelc: And one of the things, just so that the public knows, is as a result of that nieetin- several -- at least one crime was solved or a person was apprehended that we had been trying to get. but had Il,:d, ]LIST because of Riese human relationships. It's one thing when you're sending a tabic and a tele!sram down. it's another thing when you know each other. And that's what we're trying to Let with a liaison person that can work with the justice and work with these various people to try to figure out hom \%e can impro a our binding. as well as our relationships. Commissioner Winton: Well. that sounds like -- I'll have to admit, 1 listen io all those things that person i�, ,powL, to do. And I'm nut sure - you kno,.ti, that's a lot of connectivity for one person. Commissioner Teelc. Well, it's Lot to be dune in cucijunction with the entire department. I meati, it's got to be ith the Police Chiefs Association, there is a process there, but there's got to he a person who's spending their time doing the connectivity with the various Police Chiefs. the State Department .of I_aw Enforcenicnt. like we've been able to secure people. We've got a good relationship there, I guess, right no\%, The Highway Patrol. I mean, there is a liaison function that we really just haven't dealt with. But the teal liaison function is money and grant nioney frurn Washington. That's where we really need to spend otir nme. Vice Chairman Gorr: This person will be working real closely with our lobbyists, also. C'omntissioner'Teele: They'll he -- Commissioner I�t'intcn: Well, but my point is I don't think one person can do all the things you're talking about here. Comniissioner Teele: 1 think the person is going to have to be a part of a bigger office. And, you know, but right now, we're doing it catch as catch can. and we'll continue to do that, but we'll have a person who*11 be able to allocate and request requisition resources, nianpower to do certain things. \,91'. 61111Mc7: Commissioner, our intent on this position is to really -- and try to focus, first of all, on re- establishing the relationships up in Washington and the Justice Department, to see if we can continue to see what the -- the grants that are available and start to pursue them. And that's why, you know, the position %Nas created, you know, as a result ot'direction from the Cummission Vico• Chairman Gori: But at file sante time, this person will he working very closely with our lobbyists that we have there. that they could he working it constantly. 244 5/224/01 Mr. Gimenez: Well. absolutely. I mean once they're -- they're coins; to spend a lot of time in D.0 Vice Chairman Gort: So this person will have support from the additional -- not only from the department, but from the lobhvists that we have working w:th us. Mr. Gimenez: Yes, sir. Vice Chairman Gort: Because 1 agree with Commissioner Teele. The education -- the message you sec and you read constantly from Washington. that's where the money is going to be. That's what we're eoinL, to have look into. Any further discussion on this? Conunissioner Winton: Yes. Mr. Gimenez: Commissioner. also, 1 think- some comments on what Commissioner Tecle said in terms of the Office of Professional Compliance. And we've had discussions with that office and the Police Chief, and they'll he coming hack with recommendations on how to make that office more effective in its -- in carrying out the duties and responsibilities. And that will be coming, you know, shortly from them, also. C'ommissionec Teele: I would hopc that it wouldn't corns, because I really think the question is going: to be, "!s there going to be a referendum on a different type of approach?" And I think, you know, we need it) he -- you know, is there going to be a referendum on the ballot, on some of the issues that the ctOtmunity is asking for? And that's going to have to be harmonized with whatever comes out of that process. So I would respectfully urge that we not come forward on the reorganization or the -- I mean a completr of the professional responsibilities until we see which way we're going to go as a structure, in terms of police review versus professional compliance. %lr. Gintenez. That's correct. But there are certain ideas that we have that really are different than what You're talking about. Commissioner Tccle: Great. OK, great. Nlr. Gimenez: Finally, on the subject of the Management and Budget, you know, I completely agree that we really have focused in on the budget side, because there was a lot of work to be done on the budget side. And you can see that the reflection is the progress around here. I think it is a lot better than in the past. And that's due to Ms. Haskins and all. Commissioner] eele: A hundred, a hundred percent. Mr. Gimenez: But we've also had discussions about the fact that once that has been fixed, then we need to shift our focus to more of a management side, so that we start to take a look at ourselves, and our practices, and use the best practices to try to reduce costs and increase services to the City. So in that respect. 1 also, you know, I wholly agree with your comments. Vice Chain -nun Cion: OK. Yes. �Iil�IIdsf: 245 5/24/01 Commissioner Winton- Mr. Chairman, back to Commissioner Teele's point about the percentage of our Police hud>tet that comes from the Federal eoyernment. If 1 ,; or 20 percent of our Police operatim-, budget comes from the Feds., are those annual commitments, or are they multi-year commitments'.) Chief Martinez: Commissioner, most of tltc grants we have now are -- and some )f them are running off. lire the Commissioner stated -- are three-year, full paid for the officer's salary. It mandates, it requires that at the end of three years. von must keep them for one full fiscal year after that. But they have paid, you kno++. We have en .joyed the henefit of getting three years worth of hundreds of police officers, a couple hundred at a time. Cnimnissioner Winton: So when do these three-year grants begin to expire" And when is the majority of them exptnno" Or when -- Nit- Gancnez. Sonic of those have already expired, and some of them are going to stag to expire in subsequent years. We have no++, carryover for the one year We've already started this year. We'll he having, more the year followin and the year following. %We've had discussions with the Police Department about the problem of the grants and their running out, et cetera, and +we're developing -- 1 irally think we need to look at it another way. We have to plan for the worst and hope for the best So we hollc that a e're .!oing to get more grants through the liaison, but right now, we have to plan to make -- to assume that we're getting nothing. Conrrnissioner `►Vinton: Right. N1r. Gimcnez- And so we're planning for an orderly. you know-. transition back to, you know, a fully general funded Police Department, the numbers, what that's going to look like, and how we're going to z.et there .And then, you know, if we get grants, great. That'll be gravy on top of that. So we're working om that. :xnd we know ++°c have a problem to the future years, and we're working with the Police Department to resolve -- Commissioner Tcele. That actually answered my question, because 1 wanted to make sure that we -- 1 was to sugtiest that ++c begin working on that pian immediately. I'm thrilled to hear that you guys are far ahead of me and that you're already working on that contingency to deal with no Federal funding. Chief Martinez: Let me add to what the Manager said. We still have 115 positions we haven't hired yet from grants. So if-- whenever we do lure them, if we do hire them, for those people, it will be three years someMiere down the line, whenever they get hired that they start running off. Commissioner Winton Oh. Oh, OK. I sec. So il'++,c hire them a year from now, thut money will floes for the subsequent three years. Sc you really got -- you know, that could he lour years from today if it -- Chief Martinez: The only negative is that the Feds. are saying -- Commissioner Winton- Spend it. Chief Martinez: -- "When are you going to spend it''" That's the dilemma. 'They're asking; you to spend it You know. we gave this grant in '`)R for 168 positions. '46 5124/41 • Commissioner Winton: So the farthest point out really is about three years. Chief Martinez: Yes. Commissioncr Winton: OK. Thank you. Mr. Gimenez: Yeah. And we -- a part of the discussions, too, is exactly how it is that we're going to be hiring, so that the City doesn't take a great hit. Because remember, now, in the final year, if you have 200, you know, positions that we have to carry that are above the TO (Table of Organization), that's a ficant amount ofntoney. So we have to time it right so that it's always an amount that the City can sllstaily Vice Chairnian Gorr Well, my understanding is we have' 3C" amount, and my understanding is also that in the next two years, you're going to have a large amount of officers that are going to be retiring. Chief Martinez: We have approximately, I would say, around 40, 45 officers that have opted out for the drop program. I think next year is the first year when the three-year window hits. It's a three-year where ofiicers have actually retired on paper. It's just the date hasn't come yet. When the date comes, they actually have to leave. The year 2002 and 2003 are our first two big years. And I'm guesstimating somewhere in the area of the low forties, the mid -forties that officers that have already dropped out, that have retired and can't change that, beyond the normal officers that will make a decision and leave for ,xilatcver reasons. Vice Clralmian Gom Right. So you're talking about 40 years -- 40 officers per year. Chicf Martino: No. Vice Chairman Gort: Or the total of the two years? C hief lartinez: 1 think, Commissioner -- and maybe I'm mistaken in this -- Vice Chairman Cion: How many do we have in the -- do you have any idea how many we have in the drop program at this tune? Chicf Martinez: I believe there's about 40 or 45 that have selected the drop program. Our attrition rate is about thee point four (3.4) per month, so you're talking about 40, 40 some officers per ,year that leave the department every year. Vice C'hainnan Gort: OK. OK. Thank you. Any other questions? Commissioner Regalado: Just a reminder for the next Commission meeting where you're going to bring - - on .lune 14, you're going to bring some emergency ordinance. Could you, Linda, find out, first of all, the historic amount of inflation in the last ten years in the United States? And the reason for this is because 1 would like to know the economic impact of the proposals of the City contracts in the budget with the two 247 5/24/01 percent. what we have now. but also with the estimated inflation rate yearly, which is about one point seven (1.7) now. Ms. Haskins: Right. For the last -- yeah, last four years been -- Commissioner Regalado: In the last three or four years. So would you bring that information. please. Ms. Haskins: Yes. Commissioner Regalado: Thank you. C ummissioner Winton: Have we voted on this`' Do we have a motion? Ms. Haskins: 1 still have two -- a couple more scrivener errors I've got to read in the record. I'm sorry about that. Police should have been ninety-one million -two hundred six -twenty-one. And the -- all sources in total special revenue fund should have been one -fifty -three -o -o -nine -eight -thirty-two in the cross -out. Again. 1 apologize for that. Vice Chairman Gort: OK. Commissioner Winton: Motion to approve second reading of the budget. Vice Chairman Gort: Is there a second? Commissioner Regalado: Second. Vice Chairman Gort: Read the ordinance. Excuse me. Discussion. Commissioner Teele: Read the ordinance. Note for the Record: At this point. the City Attorney read the ordinance, by title only, into the public record. Vice Chairman Gort: Roll call. Walter Focman (City Clerk): Roll call. Commissioner Winton. Commissioner Teele: Mr. Chairman, Mr. Chairman. Vice Chairman Gort: Wait. Hold it, hold it. Commissioner Teele: Linda, are there companion resolutions on this? Are there any companion resolutions that you have on this today? Ms. Haskins: The only companion resolutions relate to the outside attorneys. 248 1zm� 5/24/01 Mr. Vilarello: The attorneys who represent the various boards -- Nuisance Abatement Board, Civil Service Board and Code Enforcement Board. This ordinance funds those positions -- funds those increases, I should say. Commissioner Teele: I would Ilk. to see it chart at the earliest convenience that shows over tbP last -- let's say six to eight years the percentage of the Police Department that has been funded by Federal grants on a yearly basis. I think we've said 20, 25 percent. It may be somewhere -- five percent. it may he 30 percent i think we ought to be clear on that, on that issue. The other issue is that I would really like to see something on the strategic reserve as it relates to some of this that we've been talking about. I cannot support this budget -- well, let me -- This budget is a great budget in terms of the manner in which vou're presenting it and the process that you're going through, and we're just moving light-years ahead. .Arid I compliment you and your staff: Mr. Manager. I particularly compliment you. because you ciearly have said -- as Pvc said, frail; the day you sat there, hudget may not have been the area that you spent your time In as a firefighter. but you've certainly shown me that you're serious about it, you care about it, and you want -- and you're clearly immersing yourself in it I really mean that. It really helps. I think, for the rest of the dcpartinents to see that the Manager cares about it. So Linda's got it easy in that regard, because \'Lug do rare. i would like to move one amendment. and that is that the balance for the Protocol Office be moved into a reserve. This is just an administrative amendment, because I am not about to spend the kind of lime i ha%e that -- and I don't think we ought to debate it or fight over it. But we haven't had a protocol lunctiou lrom September to now. This is an election year. One of the things that I think is very important, Mr. Vlarrager and Mr. Attorney, is that 1 really do think that we should set up an answer desk in the Office oi, the Clerk. t think people who are running for office, as well as the public should be able to Glc quesnow, about govenlnlent and get proper answers, in terms of things that are happening—or not happcnin'e. Public information, it's all public information. I think that process should he sterile, so that we don't have candidates calling. !'n1 getting two and three faxes a day now from candidates running for ofiicc. They have every right to have all the access to information. But I think we ought to anticipate what _, on. One of the frustrations that I have is that people want to make the Police Department a Ci1111p211U11 issue. And in every case that I've talked to candidates, credible people, they got the facts all %+rune. And i don't mind anyhody making the Police Department an issue, but 1 think they ought to at least have the facts richt. And so one of the things I don't think we're being very sensitive to in terns of protectill�g the City is that we need to have a very transparent process. I think something like an answer desk \%.here any candidate can file in writing requests for information. Let the Clerk son of send it over and staff It.. and Let it back out, like a fieedonl of information request. But we have a vested interest in helping the public to understand what it is we do. All the information is available. And the one thing that think that Commissioner Sanchez said this morning, if we don't provide a clear and transparent way for people who are running for -- whether it be the Commission or Mayor to get information, you're going to have i)eople on the staff picking up the phone, currying favors with various people, sneaking; them and giving them, quote, "facts." _Arid so 1 think we need to recognize that, whether we do it today in this budget, or we do it on the 14t1i. 1 don't really want to do it today. 1 want the Manager, and the Attorney and the Clerk to look at it. But i really believe that we need a very transparent, a clear process where information -- requests for information that comes into the City. somebody can take it over to the M,UIagt is office, get it staffed and get it hack out to anybody who wants information, particularly candidates, the press, et cetera. And so l would move that the seventy-five or the thirty-five thousand dollans ($35.000) for the Protocol Office he held into a reserve until wc.- can decide exactly how -- Commissioner Winton: There's already a motion on the table. 249 5,124/01 �I�z�j[cie� Commissioner Teele: It's an amend -- Commissioner Regalado: That's an amendment. That's an amendment Commissioner Tcele: it's an amendment to your -- it doesn't -- in no way deals with the underlying budget ordinance. Commissioner Winton: OK. So I'm sorry, I wasn't -- So you're moving -- the amendment is what? Commissioner 7 eele: I'm moving that a thirty-five thousand dollar ($35,000) expenditure that is beim_ reflected, 1 think, in the General Service Administration, General Services -- lis. I laskins: It's thirty thousand in GSA. Commissioner Teele: Think, thousand. is it in GSA? "Os. Haskins: Yes. Commissioner Teele: Be moved into a reserve. That was earmarked for Protocol. Vice Chairman Gort OK. Does the maker of the motion accept the amendment? Commissioner Winton: Yes. With discussion. I always worry about this ]aw of unintended consequences. I don't have a sense at all of what you just did, what the impact of that is going to be later. Commissioner I eele: I'll tell you exact]), what it is, Johnny. There is one staff position which we authorized specifically by the Commission in September budget called a Protocol Unit. That position was placed in the office of the Mayor. As a result of what has been going on, the Mayor and the Manager agreed that a professional protocol person, a person, quite frank]),, who writes the proclamations -- that's what we're talking about. Not a person who represents the City -- the Vivian Manduca over there in the County, with a staff of three other people -- would be done in the GSA Department. That would be a professional. a career civil servant. It would be advertised. it would be competitively bid, and it would be a career person who would not be able to be fired by the Commission, the Manager or the Mayor once -- they're purely -- it's a professional. That's what we treed Isere. But what I am suggesting is we haven't had that through -- from September to now, and it's no need to start hiring up people that are going to be dealing with this. And as fr r as I'm concerned, we'll authorize that position in September, in the new hudget, in GSA, fully fronded, and begin that process then. Mr. Gimenez: Commissioner, we do have a temporary position fir that right now, and it's temporary, and it's filled, and -- because it's waiting for the creation of the classified position. And once the classified position is -- Commissioner Teele: Yeah, but what I don't want is -- I want the classified position process to begin after november election. That's what 1'nn simply saying. 250 5/24/01 Commissioner Winton: But the position is hired is what they're saying. Mr. Gimenez: Yeah, we have someone -- Commissioner Teele: No, no, but that's not a career position. That's a temp. pr-sitiott, but that is not a career position. Commissioner Winton: But the dollars are still being used. Mr. Gimenez: That's correct. It's a temporary position. And we did that in order to make sure that we had continuity. Commissioner Teele: And 1 have no problem with the temp. position. And I have no problem with the temp. position through October, November. But 1 think we ought to start the slate clean. Commissioner \'Vinton: But how does that get funded? The temp. position -- Commissioner Teele- It gets funded by us. Mr. Gimenez: Well, if you so desire -- Commissioner Winton: I know, but is it in this -- if you take that thirty thousand dollars ($30,000), does that temporary position, does the money for that go away, or are they using that thirty thousand dollars (530,000) to pay for this temp.? Commissioner 7ecle: Weli, are you using the thirty-five thousand dollars ($35,000), Linda, to pay for the tenth.? Ms. Haskins: Yes. The thirty thousand dollars ($30,000) was for supplies, basically, and the salary itself is being funded from savings within GSA, budget savings right now within GSA. Commissioner Teele: Then 1 withdraw that motion, and I will basically move that the head count ol'GSA, the career head count of GSA be reduced by one position until the September budget is done. That doesn't apply to the temp. You can have the temp. position. But the career position be withdrawn until after the September budget process. Ms. Ilaskins: This mid -year ordinance suggests increasing the head count by one, so your amendment would be to not increase the head count. Commissioner Teele: Exactly. Exactly. It would allow the temp. position to stay, but the permanent head count position would not he funded. And that's the importance of not only funding budgets, but funding FTC's, as well as organization charts. NI-. Gimenez: That's why the creation of the Civil Service position takes effect after the next -- the budget fiscal year. 251 5/24/01 6I0IIi[tRi• Commissioner Tecle: Exactly. Vice Chairman Gori: OK. Commissioner Regalado: Why -- Just a question. Commissioner Teele: And just so that you're clear, in September, I'm going to move that that position be effective -- that that process begin in December 1, because I think we need to be very clear of what we're doing here. Mr. Gimencz: That's fine. Commissioner 'reel e: OK. Commissioner Regalado: Excuse me. Vice Chairman Gort: Commissioner Regalado. Commissioner Regalado: That position, the temporary position for the Protocol Office, where is that person working physically'' Ntr. Grmenez: They work physically out of the Mayor's office. Commissioner Regalado: And this is being paid by GSA? Mr. Gimcne7: The position is a temporary being paid out of GSA, yes. Commissioner Teele: And I think that's appropriate. Mr. Gimcnez: And it was our intent to make it a Civil Service classified position, and it would still be detailed to the Mayor's office, because most of the work conies from this building. Commissioner Regalado: I understand that. But I'm having trouble understanding the philosophy of using other departments -- Mr. Gimenez: Well, because it establishes a clear line that the individual is not working for either the Mayor or the Commissioners. He's working for GSA, and basically under the administration and as a 0%111 Scmee, you know, classified position. There's a clear line there. Commissioner Teele: .And that was a compromise that we all agreed to that made the person a career person under the management, and so if there was ever a problem with getting proclamations, you could go to the Nlanager and say, this is what we need to get done. It's no different than, say, having two or three security people or a sergeant -at -amts that are on detail. 1 mean, it happens all the time, as long as there is a justification and it's done in a transparent manner. There is nothing wrong with having a GSA career person that is there to design and develop protocol ooeuments. 252 5/24/01 Commissioner Winton: Call the question. Commissioner Teele: Do you accept the amendment, Commissioner:' Commissior.or Winton: Yes, I do. Vice Chairman Gort: Yes, he did. Roll call. An ordinance entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11970, AS AMENDED, THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENTS ORDINANCE, TO INCREASE AND DECREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2001, AND TO REVISE CERTAIN ONGOING CAPITAL IMPROVEMENT PROJECTS AND MAKE. APPROPRIATIONS FOR NEW PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2000-2001; FURTHER APPROVING CHANGES TO THE TABLE OF ORGANIZATION ADOPTED SEPTEMBER 28, 2000 FOR FISCAL YEAR ENDING SEPTEMBER 30, 2001. CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of May 10, 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 F. Teele, Jr. Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez T14F ORDINANCE WAS DESIGNATED ORDINANCE NO. 12075. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Commissioner Teele: Congratulations. 253 5/24/01 63. (A) .APPROVE AND ADOPT AMENDED MIAMI SPORTS AND EXHIBITION AUTHORITY OPERATING BUDGET FOR FISCAL YEAR COMMENCING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001 (MSEA BUDGET) TO INCREASE CERTAIN LINE ITEM ALLOCATIONS, $200,000; AMEND RESOLUTION NO. 00-805 TO REFLECT MSEA BUDGET INCREASE FROM $750,000 TO Sy50,00u. (B) COMMISSIONER TEELE REQUESTS TO BE PROVIDED WITH DETAILS OF NATIONAL ASSOCIATION OF BLACK POLICE OFFICERS EVENT. \'ice Chairman Gort: Do we have any other items? ('oniniissioner Winton: Ycs. Commissioner Regalado: The MSEA (Miami Sports and Exhibition Authority) budget. Commissioner Teele: What time is the MSEA budget? Vice Chairnian Gorr Item 17. C ominissioner Teele: Move the adoption, Mr. Cliairnyan. Oh, I apologize, Commissioner Winton. Commissioner NVinton: No, please do. Second the motion. ti ice Chairman Gott: It's been moved and seconded. Any discussion? Commissioner Regalado Yeah, I got a question. On -- what you're asking is thirty thousand dollars (S."30.000). or -- is it thirty thousand dollars (S30,000)'! Jim Jenkens: For the event sponsorship line? Commissioner Regalado: Yes. hlr. Jenkins (L'xccutive Director. MSEA): Yes, we are. We had a budget of ten thousand dollars (S 10,000). We're asking for another thirty to try and increase our productivity in doing those particular event progranis. For example, we have already had a board -approved program as of Tuesday during out- board urboard meeting for the Eighth Annual Haitian Festival at Bayfront Center. So that one's already been approved by the new grant guidelines that I put in place three months ago. And we're looking for additional -- ii would be an additional twenty now. since ten thousand's already been dedicated to that. Commissioner Regalado: What I don't understand, we're supposed -- Is MSEA supposed to work for the benefit of all Dade County, or the City of Miami? Mt. Jenkins: Well. as tar as I kno%%, it's the City of Miami. Commissioner Regalado: OK. You all funded the Brazilian Film Festival, right? You gave me -- The board did. You gave me a letter, you sent me a letter, because I requested information. Ten thousand dollars (S 10,000) for the festival program. And what 1 don't understand is why the festival was held in 254 5124101 Miami Beach. I think that you have two c%eats, one in the Artime, a concert, which is this Saturday, and the party in the Mayor's office. 'I hat's all in the Citv of Miami. And the filth festival, that ran from Ma\ 19"' to Nlay 20"'. That's about ten days. it's all in Miami Beach. So what it means is any City can or any entity can conic and apply for MSEA funds, if they're going to hold the event in venues outside the City Of Miami? That's my question. Mr. Jenkins: I would answer that this wav: That what -- the wav we look at it is that we give whoever it is that comes to us -- and usually, it's an organization that's either in the City or has dual purpose, where it's doing to be in different parts of the community. But part of it has to he in the City of Miami. And then they till out the grant guideline requests, and it goes bctbrc the board as an action item. Commissioner Regalado: W'c all discussed here several times the fact that the Mayor has had several parties at the arena sponsored by MSEA fund. Those thirty thousand dollars ($30,000) that you're requesting, are these dollars that have been spent, or do you plan -- do you have any plans at all? Does the board know what this moncv -- Does the board have to approve every cent of this thirty thousand dollars ($ +I),con) that you're asking, Mr. Jenkins. From the guidelines that we put in place, yes, they do. Commissioner Revalado: So the board approves all the parties and activities that -- Mr. Jenkins: Such as the Brazilian Film Festival. The board approved it and -- Commissioner Regalado: No, I'm not talking about the Brazilian Film Festival. Mr. Jenkins: OK. Commissioner Regalado: I'm talking about other activities that the Mayor had sponsored and had used MSEA Bunds. I think. frankly, I think that the Mayor of the City of Miami is using MSEA money for his Campaign purposes. I really believe that, and I feel very uncomfortable in voting for the thirty thousand dollars (S30.000). I %vill not vote for the thirty thousand dollars (S30,000). So is there a motion? Commissioner "Teele: Well, 1 think we should defer the item, then. 1 move that the item be deferred and that the staff have an opportunity to meet with each Commissioner and explain what's going on. Commissioner Winton: The Miami Fusion is a part of what we're trying to get done here, and you've all been � cry much a part of that, where the Fusion is trying to bring two games to the City of Miami. Commissioner Teele: I move that we approve the budget as it relates to the Miami Fusion. Commissioner Regalado: Well, how do you know" The board has to approve. Commissioner I'eele: We have to approve their budget. Commissioner Regalado: No, no, but the board has to approve what they're going to use for the Miami Fusion. 255 5/24/01 Commissioner Teele: But this event is not in Little Haiti. It's in Bayfront Park. right'? Mr. Jenkins: That's correct. Commissioner Winton: But the -- the Liga Contra Cancer money is going to come out of what pool" Mr. Jenkins: It'll come out of the sante event budget. So basically, the event bud -et would be spent already. Comnussioncr'leele: When is the Soul event? Mr. Jenkins: Soul Beats Music Fest starts next Thursday through Sunday. Comnusstoner Teele: And the Attorney is looking to see if we can approve that item? Mi. Vilarello: The Commission has the authority to approve or deny the amendment; not to modify. This is a budget anicndincnt that's being submitted by MSEA. This Commission has the authority to vote it up or do\% n, but not to nodi ffl . Commissioner Teele: Well, you know. as much as 1 don't like what it appears that you all are aliowing an elected official u, do, I'tn not prepared at all to throw the baby out with the hath water. 1 mean, we've got some good events. Commissioner Winton is on the board. I've got to defer to his .judgment, if he's bringing; this tort+ard. as much as I am in agreement totally with what Commissioner Regalado is saying. But 1 think it doesn't serve us well to have a Commissioner on a board, and then not consider their views hat they thunk are important. So l totally am prepared to deadlock this and have two of us vote "no" and Iwo of us vote "yes." But I really would appeal to Commissioner Regalado to allow this to go through. because of these other events that Let caught up that are going to happen this week or next week. Commissioner % inton: And Commissioner Regalado, I have talked to the Mayor about -- You have cacti shown nne a number of flyers that have conte out where there's certain events going on, and sometimes, there's it mention of the Mayor, and sometimes there's no mention of anything. And I've instructed our Executive Director and I've talked to the Mayor about the commitment. When new, flyers promoting events that are coming out, if the Mayor of the City of ]Miami is mentioned, the Commission needs to be mentioned so that it is a City issue. it isn't the Mayor's issue. It isn't Jim Jenkins' issue. It isn't just MSFA. It's NISFA and the City of Miami. And so 1 have that commitment from both. And, you know, I take people at their word. So I'm going to trust that, that kind of thing is going to happen as we move fonxard. .'Und l think that the hoard -- and you know we all have representatives on that board -- 1 think, frankly, they're doing a good job of monitoring these things. And 1 think there have been a few events that have been at the arena where %ve have a special -- as a part of our contract with the management company, which is SMG or -- SMG, is that the right letters in the right order'? -- Commissioner 'Keele: In the right order? Commissioner Winton: Yeah. That we -- They're required to provide at no cost to us food for certain -- a certain amount of food, and a certain amount of drinks and that kind of thing. And that opportunity has 257 5/24/01 been provided. But that was no cash dollars out of MSEA. That's in-kind stuff coming from the management company, and we have a certain amount of that that we're allowed to use. So I think we'% c tried to manage this pretty closely As 1 said, 1 have commitments to. 1 think, help address some of the issues, and we're watching it. So we're trying here. Commissioner Reg alado: Johnny, you know, I really trust your judgment. t really do. And I really• admire your positions and your stance that you take. i have never, ever talked to any hoard member that'l have appointed to any board to even discuss nothing I have not -- Commissioner Teele: Neither have 1. I don't think it's really appropriate, personally. Commissioner Regalado: I don't think -- because, 1 mean, they give their time to the Cit%. so it's their decision. So I don't know -- 1 don't even know how they vote in MSEA or any other board. What i think. what. my perception is, is that the entity. MSEA, whether it comes from in-kind services, or the company. or the management company, or whatever, is being used for the political advantage of one candidate. I am not a candidate. I just think that it's unfair to the other candidates that the force of the government, the power of the government is being used to campaign for any re-election. C01111111SSiOner Winton: But Commissioner Regalado, there's a fine line here. and it's a difficult line. It's not an eas), line. The fact -- COT1111115SIoncr Rcgalado: 'I here is no line. There is no line. It's a clear thing here. Commissioner Winton: No, but the fact of the matter is that in any political office, the incumbent has those kind of advantages where you cannot differentiate between promoting something for the greater good or pruinotin�.: something for my candidacy. And I don't think- this is any different than any other -- Commissioner Regalado: No, no, it's -- you know, we understand that. Commissioner Winton: Because the events have not been -- the events have not been -- While to volt. they mai look blatant, to nle, most of the time, you can see a clear-cut public cause. You can also see a clear-cut public cause related to helping nie get some additional exposure, but there's a. clear-cut public cause. ,also. So, you kno\v, as 1 see it, that's just part of the -- that's part of the benefit of any incumbent when they're in office. Cominisaioner Regalado: I don't deny that, Johnny. And he has -- the Mayor and Commissioners have Lill the right to get the exposure that they need, that they want, that they deserve, the candidates or whatever. What i felt in reading some of these things that we have here is that some activities are being done only because of the chairman of that board wanted to invite political friends and all that. And it's not a perception. It's a reality. And, you know, I couldn't care less, because i will not attend, anyway. I have to go to sleep early, any\vay. But 1 think it's unfair. I think it's unfair that any candidate uses the power of the government to advance his or her campaign, I think. And I am seeing this in MSEA -- I'm sorry -- and I'm seeing this in the government of the City of Miami, clearly. Commissioner Teele: Mr. Chairman, on the -- 258 5/24/01 Commissioner Regalado: But. you know, no problem. I'll vote, because I think we should not, you know, stop these projects. But 1 think that somehow, somewhere in the near future, either the press or the public are going to get wind of this situation and this is going to be an issue. Just wait and see. Commissiot«r Tecle: Mr. Chainnan, on the MSEA budget, since we are not going to defer it. I have three or four quick questions. Number one, please, the reception that was held for the African-American Police Officers' Association -- I think it's called the rational Police Officers Association -- that was held at MSEA, was that held under your auspices. in your facilities? Mr. Jenkins: Are you talking about the luncheon that was held? Is that what you're speaking or. Commissioner T'eele: Yes, sir. Mr. Jenkins: No, sir. MSEA had nothing do with it. Commissioner Teele: Was it held at the Miami facility? Mr. Jenkins: That, it was, yes, sir. Commissioner 'feele: Do you know who funded it? Mr. Jenkins: No, sir, I do not. Commissioner Winton: Did :MSEA fund it:' Mr. Jenkins: No, sir. Commissioner Teele: Did MSEA charge anyone for the event? Mr..ienkins: MSEA wasn't involved. Commissioner Tecle: So when they use the space, when the space is reserved, does MSEA see the bills of who's using the facility:' Mr. Jenkins: SMG -- I was speaking with Ferey Kian, who is the CFO (Chief Financial Officer). MSEA sees financials tiom SMG, but we do not see the specific bills that come through SMG. Commissioner Teele: Would you request of SMG as a courtesy that they provide you with the details of that event, and how much was paid for the venue, and who paid it, and for the catering, et cetera. There was a reception held there, also, involving that organization. Are you aware of that? Mr. Jenkins: Sometimes I'm aware that there are events going on, and sometimes, I'm not. That particular event. I knew was going to happen at some point. That's all 1 know. Commissioner Teele: Are we talking about the luncheon or the reception? 259 5/24/0) Mr. Jenkins: i think the luncheon you're speaking of. Commissioner Teele: No, 1 was -- There was a reception held there, also. Mr. Jenkins: No. I'm not aware of liie reception. Commissioner Tecic: The only thing that it -- that I'd put on the record is that this was an association of black police officers from across the country. l had at least five or six call me at home. I ran into one or two, in fact, on Saturday morning;, at a restaurant in Overtown. And, you know. one of the filings that happens sometimes when people are trying to play one-ups-manship, they sort of give the City or the community an inference that people don't matter or that no one represents other aspects of the community. And while it may have been intended as a slight to me that I was not at least afforded the opportunity to cane, it really reflects on our overall community, in terms of the representation or the absence of representation. Let me ask you two other quick questions. Last year, we returned how much money to the County regarding the MSEA budget? And we did it jointly, because we approved your budget. How much money did we return to the Count\? Ferey Kiwi (.\.,ISEA Finance Director): We didn't return anything from the County from MSEA's budget. Commissioner Winton: Well, tell him what %vc returned, Ferey. hlr Klan: Three million, six hundred thousand dollars (S3,600,000) was returned after the debt service was paid and the Convention Deveiopment Tax or CDT is billed to pay the debt services. After it pays the debt services -- Commissioner Teele. You kno"y what? 1 didn't ask how to build a truck. I just simply asked one question. Hoy much money was returned to the County. You said nothing. Commissioner Winton said, answer the question. Then you said three point two million dollars. And this is my only -- Commissioner \Vinton: But Commissioner Teele, there is a minor -- there is a Commissioner Teele: I understand exactly how the formula works. Commissioner Winton: OK. Commissioner Teele: And I mean, I'll spend time and ask the question right. But, you know, I thought this Cite had moved away from people coming here and giving answers that are clearly designed to ntisleud and to nnsinforin unless you ask the question in the exact terminology Ind specificity. You know and I know that about three million dollars ($3,000,000) went back to the County. Now, if you want to tell us exactly why or what format it was. But the question that I'm asking is simply this -- of the attomov. You're the attorney for MSEA: is that right.' Mr. Vilarello: Yes, sir. C'ontmissioncr Teele: lander any of the interpretations of the interlocal agreement or the resolution, or the ordinance or the bond indentures. can MSEA pay capital expenditures, such as parking lot and 260 5/24/01 �Im improvement to that facility that are required by law and code out of the three million dollars ($3,000,00(1) that was returned:' Mr. Vilarello: As you described it, yes. Commissioner Teele: OK. So here again, ladies and gentlemen. we have a smoking gun, since I'm beim; misdirected, because. I mean, I don't even want to go into this, personally, but I'm offended, quite candidly, that you would come up here and totally misrep -- when we all know what the deal is. Nm%. look, I'm not getting on you, but I am saying this: Don't mislead this Commission an.more, as long as I'm here. Don't do that, please, because it's not fair. It's not about pointing at you, or pointing at MSEA. %Vc apprm. c your budget. So if anybody is wrong, I'm wrong. the Commission is wrong. But what we're trying to do here is say. hrnv can we suet a better handle on our budget? We just talked about the capital expenditures. That parking lot over there that we all use when we go to the CRA (Communit Redevelopment Agency) Board meetings and others, is a violation of City Code. And if Hank Sofa was using that lot to park cars on, you all would be all out there, running behind him, chasing him and trying to givc him a bill of shut him down. Now, you know, what's up? Do we have two standards or do we have neo standards? Dah. And so my point is simply this: We need to look closely at our capital expenditure program. The same thing that 1 was saying to the Budget Director, that parking lot, to do it properly, to landscape it properly is a one point five million dollar parking lot. And the staff and the City deserve that. We don't need to trash our own community. You've got in your budget right now how much for art in public places' Mr. Klan: About eight hundred thousand dollars (S800,000). Commissioner Teele: Eight hundred thousand dollars ($800,000) is buried in that budget for art in public places. OK? That has been there since the building was built. And this is what I keep talking about. I mean, I don't even want to get into this. That's one of the things that -- you know, it's been going on for years. I know about it. The reason that i can ask the questions is I remember it was there. And it's not c%,cn about -- I nican, the only reason I'm into it now is because you tried to misdirect me, sir. And the point is simply this: There are ways that we can work together to creatively expend capital dollars all over this place if we develop a strategic approach to it, if we stop looking for "How can we get Through the year and not get in trouble`'" And there's tremendous opportunities here without blaming anybody. We need a capital approach to this thin-. How much money did you all spend in promotions over the last two years? About how much money'' Mr. Klan: Last year's budget was i%vo hundred fifty thousand dollars ($250,000). Commissioner Teele: And this year's budget? Mi. Kian: Out of the two hundred fifty thousand dollars ($250,000), we spent around eighty thousand dollars ($80,000) last year. This year, we have spent almost two hundred fifty-six thousand at this time. Commissioner Winton: But the budget amendment drives us to three hundred and fifty thousand. Connnissioner Teele: Three hundred and fifty -- But the budget amendment drives us to how much? 261 5/24/01 iI1Ii�ilt • • Mr. Kian- To three hundred fifty. Commissioner Teele: And Commissioner Winton, again, I appreciate you correcting:; the record. How much money was spent in Overiown or with organizations that are from the community where the facility resides? Artd please don't _ount that insulting affair that ,you all held «here yo:: invited poor people to come and have a Christmas affair, and then you had a private dinner that cost three times that of stone crabs and giant shrimp for -- by invitation only. Nothing. essential[),. .And Commissioner Winton, one of the great opportLint ties is that we have ori-ani7auons like the Optimists that etre sit -u --fling to keep their doors open. We all know that If Alhert Ruder were here, he'd come down and tell you a story that would mAe you cry And yet, Overtown Optimists is the higgest event in Overtown. It's the most law-ahidinu oyent in Overiown. Thcv have five, six, seven hundred people at a game soinc nights. weekends. And \yltat 1"111 simply saying. Johnny. is that wr need -- 1 don't have a problem spending money on Mianti Reach and at the Orange I3owl, and all of that, but we also need to deal with the community that that facility resides in. And to be very honest with you, that is one of the connection problems that I hope we r.in begin to address. We need to encourage benefits for the Optimists. The Optimists shouldn't have to ,o hand anti mouth and glove, begeing for cheerleaders to have tennis shoes and outfits. With that oreat !.tcilrt\' there. it should make a partnership and fund organizations where kids live that can wind tip grotti [n2, up to be a pari of that wonderful facility that we all will want to wall: away front. So 1 inean, I don't really want to i et into this, but 1 think in the area of the capital improvement areas, where we clearlN, Kaye Mhat is calied excess revenues in the area of the events that we promote, we should look for opporamines specifically to (to fund-raising events -- excuse me -- to do fund-raising events for those organizations, that reside in the neighborhood. And in particular. I really do believe that we should look at a different mission, a positive mission for MSEA where you really provide more technical support and assistance for organizations that have parades, that have festivals, that clearly are going to bring people into this continunity. I specifically would ask you to look at the 'Trinidadian Carnival, which is a big event that happens every Coiumbus Day in Miami. Last year, in New York, they have over 750,000 people, I'm told, to conic io that event, only because they had the -- I guess at that time the First Lady as the grand marsha;. Bill. you know, one of the thins that 1've been sayin>_: to the Bayfront Trust Board and to the Carnival people is that we need to gel them off Biscayne Boulevard and get them to march through Oy%:rio%\ii, and Park `.Fest, and begin to revitalize those areas as they go to the boulevard. And I'm hoping Ilia! %%(, can have the kiddy carnival for the young children, do their carnival literally from the Miami Sports and Lxhibition facility. So i would ask respectfully that you look at that. That's in the next budget fiscal year and it happens in October. And I really want to support the budget, but 1 do agree with all of the continents of Commissioner Rcualado. and I am going to support Commissioner Winton's desire to move the budzet forward. �tr..Jenkins- One other thing I'd like to add. Talking about putting things hack into the community, sonic oi' the things that w,e'rc taking a look at are this -- You know,. Sunday, .lune 3", we'll be doing a gospel event with Donny McCierkin, who is a renowned gospel artist as part of the finale of the Soul Beach Music fest. and that's in the Miami Arcna. And the proceeds all go to the gospel church community that conic out of that particular event itself. The shared programs that I mentioned before, as well, w'itil Hot - 11 -15 and W'FDR do have components in it to working to putting something back in the community. So I'm well aware of the concerts, and I'm always looking at that, too, as we move forward. Commissioner 1 cele: While you're here, then, Commissioner Carcy, from the County has asked that you all loop: specifically at an event that she is interested in supporting, which is a Labor Day event that's 262 5,'24,101 going to Tiappen at Bayfront Park, and at the next meeting, would you come back and give us a rcpori as to hove you all can help to support that event" She's going to bring in international musicians, et cetera. lt's a music festival at Bayfront Park. And I think it's something that 1 certainly would like to be on record that maybe you all can help with the police cost and some of those other things over there, please. Mr. Jenkins: Is that Labor Day, itself, or is that Labor Day Weekend? Commissioner Teele: Labor Day Weekend. Mr. Jenkins: OK. We also have another event in the Miami Arena, as well, which is going to be one of our shared revenue opportunities, but we'll take a look at it. Vice Chairman Gori: Gentlemen, any further discussion? Mr. Kian: Sir, I have to explain something that was misrepresented in here. Commissioner Winton: You have to what'! Mr. Kian: I have to address one area about the excess City -- that goes back to the County. Commissioner Winton: Why? Mr. Kian: That has nothing to do with the budget that the Commissioner approves. Commissioner Winton: He understands that. Vice Chairman Gort: We understand that. We know that. We know it very well. 'Thank you. Commissioner Winton: But I think that he made a great point about that money, because 1 can't imagine \k-hy we couldn't use it to fix the parking lot. Vice Chairman Gort: Right. Commissioner Winton: Do we own that land? Is that somebody else's land? We'll talk about that later. But, Jim -- Mr. Jenkins: I'm sorry, I'm not sure if we do or not. Commissioner Winton: Well, let's figure that out. because I want to talk about that and I want you to address that issue nt a later date. OK? Mr..1cnkins: Ycs, sir. Commissioner Regalado: Remember, Johnny, remember when the Marlins Stadium was discussed for that site, it was said that the arena owned that land, but the railroad that is in the middle is not owned by 263 5/24/0) the City, but by FEC (Florida Last Coast). So I think that I remember the land belongs to the arena, but the railroad, itself, doesn't. Commissioner Winton: OK. So you'll find out. Mr. Jenkins: That's correct. Commissioner Winton: Thank you. Mr. Jenkins: Commissioner Regalado is correct. Commissioner Winton: So the land is owned by the City. Vice Chairman Gort: But we use it as a parking lot and there's an illegal parking lot there that should be legalized, for sure. Commissioner Winton: Yeah. So we ought to be -- instead of sending that money back to the County, we have a great opportunity to -- Commissioner Regalado: And let me ask you, let me ask you this, Johnny, as the Vice Chairman. When we go to the CRA meeting, when -- not "if'-- when we fall on that rocky area, can we sue MSEA, or the City or which one? Commissioner Winton: Well, usually, when you're filing lawsuits, you sue everybody. Mr. Vilarello: The IEC. Commissioner Regalado: Because we are going to fall, you know. We are going to fall. Commissioner Winton: Let's see. You could sue the City, FEC and MSEA. Oh. The City Attorney said just FEC. Vice Chairman Gort: OK, guys. Gentlemen, it's 9:09. We still have quite a few items to go through. Commissioner Winton: We got a lot. Vice Chairman Gom So 1 need a motion. Commissioner Teele: So move. Second. Vice Chainnan Gort: It's moved by Commissioner Teele, seconded by Commissioner Winton. Commissioner Winton: Right, Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye." 264 5/24/01 OM The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 01-526 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE AMENDED MIAMI SPORTS AND EXHIBITION AUTHORITY OPERATING BUDGET FOR FISCAL YEAR COMMENCING OCTOBER 1. 2000 AND ENDING SEPTEMBER 30, 2001 ("MSEA BUDGET"), ATTACHED AND INCORPORATED, TO INCREASE CERTAIN LINE ITEM ALLOCATIONS, IN THE AMOUNT OF $200,000; FURTHER AMENDING RESOLUTION NO. 00-805 TO REFLECT THE MSEA BUDGET INCREASE, FROM $750,000 TO $950,000. (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: 265 5/24/01 U 64. AMEND RESOLUTION NO, 00-916 TO INCREASE COMPENSATION TO SPECIAL COUNSEL FOR CIVIL SERVICE BOARD BY $12,000; ALLOCATE FUNDS FROM FISCAL YEAR 2000-2001 BUDGETED FUNDS OF CIVIL SERVICE OFFICE (See #32). Vice Chairman Gort: We need to move on item 18,19 mid 20. Commissioner Winton: Move 18. Commissioner Regalado: Second. Vice. Chairman Gort: It's been moved and seconded. Any discussion? Being none, all in favor. state it by saving "ayc." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-527 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-916 TO INCREASE COMPENSATION TO SPECIAL COLT'SEL FOR THE CIVIL SERVICE BOARD BY $12,000, FROM $18,000 TO $30,000, ALLOCATING FUNDS, FROM FISCAL YEAR 2000-2001 BUDGETED FUNDS OF THE CIVIL SERVICE OFFICE, ACCOUNT NO. 240101-011, FOR SAID INCREASE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon heing seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny Winton Vice Chairman Wifredo Gorl NAYS: None ABSENT: Commissioner Joe Sanchez 266 5/24101 Ll 0 65 —AMEND RESOLUTION NO. 00-914 TO INCREASE COMPENSATION TO SPECIAL COUNSEL FOR CODE ENFORCEMENT BOARD BY $12,000; ALLOCATE FUNDS FROM FISCAL. YEAR 2000-2001 BUDGETED FUNDS OF OFFICE OF HEARING BOARDS (See #32). Commissioner Winton: Move 19. Vice Chairman Gort: Item 19 has been moved. Is there a second? Commissioner Regalado: Move it. Vice Chaiman Gott: .Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 0 1 -528 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-914 TO INCREASE COMPENSATION TO SPECIAL COUNSEL FOR THE CODE ENFORCEMENT BOARD BY $12,000, FROM S18,000 TO $30,000 ANNUALLY; ALLOCATING FUNDS FROM FISCAL YEAR 2000-2001 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS. ACCOUNT CODE NO. 820101-011, FOR SAID INCREASE. (I Lere follows body of resolution, omitted here and on file in the Office of the City Clerk.) llpon being seconded by Commissioner Regalado, the resolution was passed and adopted by the ibllowing vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez 267 5/24/01 E U —W.-- AMEND RESOLUTION NO. 00-915 TO INCREASE COMPENSATION TO SPECIAL ' COUNSEL FOR NUISANCE ABATEMENT BOARD BY 512,000; ALLOCATE FUNDS FROM FISCAL YEAR 2000-2001 BUDGETED FUNDS OF OFFICE OF HEARING BOARDS (See #32). Commissioncr Winton: Movc 20. Commissioner Regalado: Second. Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none. all in favor. state it by saying "aye." The Commission (Collectively): Aye. Tile following resolution was introduced by Commissioner Winton, who moved for its adoption. RESOLUTION NO. 01-529 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-915 TO INCREASE COMPENSATION TO SPECIAL COUNSEL FOR THE NUISANCE ABATEMENT BOARD BY $12,000, FROM $15,000 TO 530,000; ALLOCATING FUNDS FROM FISCAL YEAR 2000-2001 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT CODE NO. 820101.011, FOR SAID INCREASE. (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 VOW AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny Winton Vice Chairman Wifredo Gorr NAYS: None ABSENT: Commissioner Joe Sanchez 268 5/24101 67. FIRST READING ORDINANCE: AMEND CHAPTER 2 OF CITY CODE BY AMENDING SECTIONS 2-887 AND 2-892 AND ADDING NEW DIVISION 13, TO CREATE AND ESTABLISH CITY'S DISTRICT FIVE HISTORIC PRESERVATION ADVISORY BOARD. Vice Chaimian Gort: What's this D-5-13? Commissioner Winton: What`' Walter Foeman (City Clerk): That's District S -B. Alviandro Vilarello (City Attorney): You want to bring it up, District 5? Vice Chairman Gort: Do we have any -- Commissioner, you have one more in your agenda. Commissioner Teelc: I would move the ordinance relating to Historic Preservation. District 5. Vice Chairman Gort: OK. There is a motion. Is there a second? Commissioner Winton: Yeah. Second. Vice Chairman Gort: Any discussion'? Commissioner Winton: Can we make that for District 2 and 5? Just kidding. Commissioner Teele: I would certainly move a second ordinance right now on District 2. And just the sante thing, instructing that for District 2. and we'll clean it up in the second reading. Commissioner Winton: Yeah. I mean, 1 think there's great opportunity here. Vice Chairmun (fort: OK. Roll call. 269 5/24/01 0 An Ordinance entitled -- • AN ORDNANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMl, FLORIDA, AS AMENDED, TO CREATE AND ESTABLISH THE CITY OF MIAMI DISTRICT FIVE HISTORIC PRESERVATION ADVISORY BOARD, ("BOARD"); SETTING FORTH THE BOARD'S PURPOSE, POWERS, AND DUTIES; PROVIDING FOR THE BOARD'S "SUNSHINE.'* MEMBERSHIP. TERMS OF OFFICE, VACANCIES, OFFICERS. PARLIAMENTARY AUTHORITY; RULES OF PROCEDURE, MEETINGS, VOTING AND QUORUM, ATTENDANCE REQUIREMENTS, ADMINISTRATIVE SUPPORT AND COUNSEL; AND MORE PARTICULARLY BY AMENDING SECTIONS 2-887 AND 2-892. AND ADDING NEW DIVISION 13 TO SAID CODE; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Teele, seconded by Commissioner Winton, and was passed on first reading by title only, by the following vote: 270 5/24/01 f� �8. - FIRST READING ORDINANCE: AMEND CHAPTER 2 OF CITY CODE BY AMENDING SECTIONS 2-887 AND 2-892 AND ADDING NEW DIVISION 13. TO CREATE AND ESTABLISH CITY'S DISTRICT TWO HISTORIC PRESERVATION ADVISORY BOARD. Coi,imissioner Teele: Commissioner Tcele: I would second the motion of Commissioner Winton to create the identical ordinance relating to District -- 2 is it? Commissioner Winton: 2. Commissioner Teele- I would second the motion, recognizing that there will have to be a series of amendments, because it specifies the homeowners -- the historic designations. Commissioner Winton: The existing. Commissioner Teele: Yeah. Commissioner Winton: Right. Commissioner Teele: And you'll have to change that for a different number. Commissioner Winton: Right, we have to -- exactly. We have to figure out what the appropriate boundaries ars:, because there are existing historic neighborhoods already in place. Commissioner Teele: Right. We going to read it? Vice Chairman Gun: Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CREATE AND ESTABLISH THE CITY OF MIAMI DISTRICT TWO HISTORIC PRESERVATION ADVISORY BOARD ("BOARD"); SETTING FORTH THE BOARD'S PURPOSE, POWERS, AND DUTIES; PROVIDING FOR THE BOARD'S "SUNSET," MEMBERSHIP, TERMS OF OFFICE, VACANCIES, OFFICERS, PARLIAMENTARY AUTHORITY: RULES OF PROCEDURE, MEETINGS, VOTING AND QUORUM, ATTENDANCE REQUIREMENTS, ADMINISTRATIVE SUPPORT AND COUNSEL; AND MORE PARTICULARLY BY AMENDING SECTION 2-892 AND ADDING NEW DIVISION 14 TO SAID CODE; .AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Winton, seconded by Commissioner Teele, and was passed on first reading, by tale only, by the following vote: 271 5!24141 AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny Winton Vice Chairman Wifivdo Gort NAYS: None ABSENT: Commissioner Joe Sanchez Commissioner Teele: Mr. Manager, implicit in this is the hope that Community Development will begin to establish an agency or an entity within Community Development, an office that will begin to deal more proactively with handling and processing historic grant applications Citywide as we move forward. Carlos Gimencz (City Manager): Yes, sir. Commissioner Teele: I have a pocket item for -- Vice Chairman Gort: Let me tell you, some of the things tbat havc.changed in Buena Vista is people trying to preserve some of the homes there, and that seems to be woddag in these neighborhoods, m e 5' `s = x C r t �' Mr � 7 Fg t � sx a t •`� t "4 i t� 'r � 1 t2� i a d§a 5• ..or t.. � yt s 4 sx �A. T a �Yt � �r b.°f � � �. •� r "" z �,� S. ,� t K t xft{€4 t �'•� 5 W N ? �'s l f k-tx 'v: d � §' S} n n K `�-r"Y' 'r } 4 ,3 d• L M. ,% t.. r- n yaay�' �r ^f x} 5' fo''`p.sf �Gr &` �#.r 4 ... '9+rq%' :�,,2t`�5�r`c M Y > i.x .i i"w,# •a +� �' t% z' r't r``�'1 zs'Fr"° a. �'�. fr.14r�• 'ld%4d ycyar� 3 x� r ..^:J tr �•: �1�",r"^frik } f` ,W»''r'� 'rfi x § 5.•- ,x 'if`Xw Teti t.Y4E ' �'`'rx1'",�tE,7` lK'� �. 1.t c n .i - { rx "t" ? - ,3' r ra xh d ~ars �� i 4r ( 4y. 4 n fkt c .ea �„ i ^r a2•R Ys �, b C )r y s� *., a x 4 .� '' i '}.. k se`s "a r-€nXrx }��h e �+ Z a• t r�4 x a 1 2 Acta" p 1 s' �� r� a i� esF-4 lS�;; 4t w 4. t .r # +a y z s a rj'k e t, + -:,o ,iV#' n'y3 '' } z&ti`S d,,, m#�.µ, •k q' ,r ,L�x x {!' "" �m `pt.$`Sf4 r st r' 1 '7CV r§� J rc* Y C'� 4 3 h � b,- `i 'at �+ Y Y f� i� }x, f i ; N r ,�'•i ' 'wiv�ki^dr`i's.U,4sh#r 2,a 2Y araj xs s 4; s„ fl+74 '.5k�,ue4>i%;#aY �5 7 B'ia Farr, ��� x �s'°7..i a 3. 'L ¢. 4�'�'�� rr, +5• �u�F*`" �{ y�, r� ev�'�''qic'k'4cx. �'fi: , M h ;:.f s a F + r t" �'t". ^� 9 4 'a •'A�. x.: ryt S t<' - . d 272 5124/01 G9. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH MERCHANT PAYMENT, I SOURCE, INC. FOR PROVISION OF AUTOMATIC TELLER MACHINES (ATM) SERVICES AT ORANGE BOWL STADIUM AT NO CHARGE TO CITY. Vice Chairman Gort: Pocket items. Commissioner Teele: I have a pocket item for Commissioner Sanchez. He left it on the desk. It's a resolution authorizing the City Manager to execute an agreement with Merchant Payment Source. Incorporated to provide ATM (automatic teller machine) services. Authorizing the City Manager to execute an agreement in a form acceptable to the City Attorney with Merchant Payment Source, Inc. for the provision of ATM services at the Orange Bowl Stadium, and said authorization to be conditioned upon Merchant Payment Source. Inc. providing ATM services at no charge to the City of Miami, and Merchant Payment Source, Inc. complying with all conditions and limitations as may be prescribed by the City Manager or his designee. I would so move. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Regalado: Second. Vice Chairman Gort: And this will provide some additional revenues for the Orange Bowl. Commissioner Regalado: Second. Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "ave." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RE-SOLUT'ION NO. 01-530 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MERCHANT PAYMENT SOURCE, INC. FOR THE PROVISION OF AUTOMATIC TELLER MACHINES ("ATM") SERVICES AT THE ORANGE BOWL STADIUM AT NO CHARGE TO THE CITY OF IMIA.Ml. CONTINGENT UPON COMPLIANCE WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY 'MANAGER OR DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Capon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: 273 5/24/01 IIai filum ilnmtiatter Tomas Regalado,�� r �iInioner Arthur E. Teele. Jr wv*"� bner Juhtul vw 11 ttnatl `illi finclO t t I zi V w4.MRZM • • 70. ACCEPT $100,000 GRANT AWARDED TO CITY FROM FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, UNDER FISCAL YEAR 2000-2001 GENERAL APPROPRIATIONS ACT, SPECIFIC AUTHORIZATION 1591G, FOR CLEAN-UP OF BLUE ` LAGOON LAKE. T^ Vice Chairman Gort: Commissioner Winton, I'll start with mine this time. I have several pocket items. Resolution accepting a hundred thousand from the Department of Environmental Protection for the clean- up of Blue Lagoon lake. Attached is a copy of the resolution. Commissioner Winton: Second. Vice Chairman (ion: All in favor, state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chainnan Gort, who moved for its adoption: RESOLUTION NO. 0 1 -531 A RESOLUTION OP THE MIAMI CITY COMMISSION ACCEPTING A GRANT, IN THE AMOUNT OF $100,000, AWARDED TO THE CITY OF MIAMI FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, UNDER THE FISCAL YEAR 2000-2001 GENERAL APPROPRIATIONS ACT, SPECIFIC AUTHORIZATION 1591G. FOR THE CLEAN-UP OF BLUE LAGOON LAKE; AUTHORIZING THL CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS. IN A FORM ACCEPTABL)~ TO THE CITY ATTORNEY. FOR ACCEPTANCE OF THE GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk,.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez 275 5/24/01 71. APPROVE CITY'S CO-SPONSORSHIP OF TEATRO AVANTE INTERNATIONAL� HISPANIC THEATER FESTIVAL XVI TO BE HELD JUNE 1-17, 2001; AUTHORIZE PLACEMENT OF LIGHT POLE BANNERS TO PROMOTE FESTIVAL. _ Vice Chairman Gort: This is a resolution approving the City's co-sponsorship of the Teatro Avante International Hispanic Theater Festival, to he held June 1-17,2001. Attached is a copy of the resolution. In reality.. the only reason we're doing this is so we can have the banners be on display: am I correct' Alejandro Viiarello (Cite Attorney): is this the Parrot Jungle? Vice Chairman Gort: No, no. This is the Teatro Avante, for the sponsorship of the banners. Mr. Vilarcllo: That's correct. Vice Chairman Gort: So the only way they can put the banners up is if the City's a co-sponsor. ('ommissioner Winton: Second. Vice Chairman Gort: It's been moved and -- any further discussion? Being none, all in favor, state it by saying; "aye." The Commission (Collectively): Aye. •fhc billowing resolution was introduced by Vice Chairman Gort, who moved for its adoption: RESOLU"TIO\ NO. 0 1 -532 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CITY'S CO-SPONSORSHIP OF THE TEATRO AVANTE INTERNATIONAL HISPANIC. THEATER FESTIVAL XVI CO - PRESENTED BY TEATRO AVANTE, AMERICAN AIRLINES, v1IAMI-DADE COMMUNITY COLLEGE CULTURAL AFFAIRS, AND THE FLORIDA DANCE ASSOCIATION, TO BE HELD JUNE I - 17. 2001, AT SIX SOUTH FLORIDA CITIES IN MIAMI-DADE AND BROWARD COUNTIES; AUTHORIZING THE PLACEMENT OF LIGHT YULE BANNERS '1'O PROMOTE THE FESTIVAL; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY AT•rORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND FESTIVAL CO -PRESENTERS FOR SAID PURPOSE. (here follows body ofresolution, 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: 276 5/24/01 77 ow ,L . 1 t ` f�M,.i .* tr E«„ , �s loner Tomas Rrgalado �ytFl t } .A ,F e ssiorie�r Arthur E. Tc��a, Jr.� � �~< �� � i M"missionerJohnny Wircon. , } Y man Wif edo Gort ^ " N A asion" 400 Y i'4t' k}'v4l'a } -'- ' v }rxe' y 7 �'xstN��h ax�"t �� t x � ,• < � S-�U � rtr syc T's h IN its two 241 Vogl. l 4U t s r F4A r� 1Ft G f, r 5p k l4, Zan, t r a� l`�OWN tWv x A i c t p 4'^syyY5i r4 `+F P s .moi apowb q r,i ' ,x tird' r ie g s u -c�3 ' "'k#r wi � 3 of it, �vf til 72. RESOLUTION AUTHORIZING THE CITY MANAGER TO NAME THE CITY OF MIAMI AS A PERMANENT CO-SPONSOR AND PARTNER WITH PARROT JUNGLE AND GARDENS. Vice Chairman Gort: The resolution authorizing the City Manager to name the City of Miami as a permanent sponsor and partner with the Parrot Jungles and Gardens. And there's a whole list of individuals. Mr. Attorney. you want to go through it? Commissioner Regalado: Move it. Commissioner Winton: Second. Vice Chairman Gort: It's moved and seconded. Will you explain the benefits to the residents of the City of Miami? ;Vel jandro Vilarcllo (City Attorney): Parrot Jungle. Commissioner Regalado: We all read the proposal. Carlos Ginnenez (City Manager): Commissioner, as you -- Vice Chairman Gort: You all have a copy of the proposal. Commissioner Regalado: Yeah. We read the proposal. It's -- Commissioner Winton: Yeah. Mr. Ginnenez: Commissioner, did you -- do you wish to amend the item on the signage on the post'' Because there are going to be other -- Vice, - ViceChairman Gort: Right. No, I understand that, and I think it should be maybe about every other three or four, or whatever the -- \9r. Gimenez: But what I read said that they had exclusive rights to all the poles, all the light poles. Vice Chairman Gort: Not to all. I thunk that that should be staggered terms, so the other people would have the opportunttyto do so, also. Mr. Gimenez: OK. Vice Chainnan Dort: OK. Commissioner Regalado: But what -- they're -- they mean on the poles on the road that is circling Parrot .I tingle. 278 5/24/01 Vice Chairman Gort: Right. Mr. Gimenez: They want exclusive rights to all the poles for 60 years. Commissioner Teele: Where? Commissioner Regalado: In the road facing Parrot Jungle, that goes around Parrot Jungle. Mr. Gimenez: And we don't have a problem if you designated that any -- that the -- that there's going to be a children's museum there, and a bureau there, that at least they also share in those poles. If that's the way it is right now, then Parrot Jungle would have access to all the poles. Commissioner Tcele: Is this a pocket item? Who's is it? Yours! Vice Chairman Gort: But that's why it should be staggered poles, so everybody else would have a chance to do so. Commissioner Regalado: Any other, any other pole. Vice Chairman Gort: Right, any of the other ones. So at the same time. there's a -- one of the things that we asked, Commissioner Teele, last time, you asked what are they going to do for the City. Could you go through the offerings that he has? Like -- Dena Bianchino (Assistant City Manager): I don't have a copy of it, sir. Vice Chairman Gort: Oh, you don't have a copy. Ms. Bianchino: No. It's a pocket item. Commissioner Teele: Well, the only thing that 1 think, Commissioner Gort, on this one, number one, we're dealing with billboards right now, and we'd better he very careful what we're doing here as a pocket item on this. I don't -- I mean, it sounds good. I'd like to be clear as to where, the specific area. But I don't want this to be in any residential area. Vice Chairman Gort: No. no. This is only in the area where he -- Parrot Jungle paid for the design and the construction of the road that takes you around. So it's inside, within Watson Island only. It's only in -- Commissioner -Commissioner Teele: On Watson Island? Oh, I don't have any -- 1 mean, yeah. 1 don't have a problem doing this as a pocket item if it's on Watson Island. But I -- Vice Chairman Gort: No, no. It's only on Watson Island. Commissioner Teele: 1f it's -- you now, if it's in Morningside and -- Vice Chairman Gort: No, no, no. It's only on Watson Island. 279 5/24/01 Commissioner- Tecle: -- and Buena Vista, I mean, you know. Commissioner Regalado: No, but it's not on Watson Island. It's only on the road. Vice Chairman Gort: On the road, yes. Commissioner Regalado: On the road that faces Parrot Jungle. Vice Chairman Gort: On the road that is -- Commissioner Winton: It's only on their access road, isn't it? Commissioner Regalado: On the access road. Commissioner Winton: It's not on -- Mr. Girnencz: Correct. This is banners on the light poles. Commissioner Winton: But only the light poles. Mr. Gimenez: Only the light poles. Commissioner Winton: On their access road. Commissioner Regalado: On the -- but the entire -- the access road goes from the south all the way around to the north. Commissioner Winton: Well, it makes that loop. Vice Chairman Gort: So it makes a whole loop. Commissioner Winton: Oh, OK. Vice Chairman Gort: So we want to make sure that they, you know, that we at least get -- Commissioner Teele: Can we approve this in principle? Can we -- let me tell you. You know, and 1 don't want to start defending this Watson Island RFQ (Request for Qualifications), because 1 really think we're moving too fast. We should wait two years and do this right. But suppose we get a grant or we give a right for six years, and somebody proposes something that finds this offensive. You know. are we impacting the other side of the island? Ms. Bianchino: Can 1 make a recommendation? The co-sponsorship by the City just enables Parrot Jungle to meet the City Commission's policy on hanging the banners on the poles. 1 would suggest that each banner have to come before the City Manager for approval, so that he will not have constant use of all the poles for six years. It would be on an event -- 280 5/24/01 Commissioner Winton: Sixty years. Ms. Bianehino: 60? No, no, no, no. Commissioner Teele: Six -zero? Commissioner Winton: Yeah. Approve it. Commissioner Teele: I certainly support the sponsorship. But I -- 'FIs. Bianehino: On an event -by -event basis. Commissioner Tecle: But t think the Manager -- Commissioner Winton: Or one year -- each year. Commissioner Teele: And I don't have -- 1 don't have a problem with an exclusive sponsorship for 20 _years with three 20 -year options at our option, or something like that. But I think it should he conditioned on each banner must be approved by the Manager for a fixed period of time. In other words, the last thing they're going to want to do is spend all that money and then have Monkey Jungle come up there and start putting banners. And you know that's going to happen. 1 mean, that's what happened with Disney. Everybody rushed in and start trying to steal the tourists as they come in. So I mean, I respect what they're doing. Mr. Gimenez: Commissioner, these are the banners that you see all the time that are being replaced like every week. This is the type of banner that we're looking at. Commissioner Teele: But are we going to give them a til) -year right? Mr. Gimenez: That was my issue. that they wanted exclusive rights to all the poles on the access road for 60 years. We know that -- we think we know that the Children's Museum is going to go there, and the bureau, the Convention Bureau is going to go there. And maybe some other venues are going to go there. And those light poles and the banners, really, any banners on there should be shared, you know, with those other venues in Watson Island. Commissioner Winton: Will they all use that same access road? Mr. Gimenez: Yes. Ms. Hianchino: Yes. Vice Chairman Gort: Yes. Commissioner Winton: Oh, they do? Oh, OK. 281 5/24/01 am_ Vice Chairman Gott: That's why 1 said staggered poles rather than ail the poles as requested. I said staggered poles so other people would have an opportunity to do so, Now let me tell you one thing. Commissioner Winton: But staggered every other one, or every third one, o- every fourth one, or what's the -- stagger what? Vice Chairman Gort: Well, we name it. Commissioner Winton: Seems to me this needs some more thought. Vice Chairman Gort: OK. Commissioner Teele: 1 think we should approve this for sponsorship -- co-sponsorship, and approve the concept in principle, and ask the Manager and the Attorney to work with them and protect their rights. And my goal is I don't think anybody else should be able to put a competing banner up there, even, for example, for a grand prix downtown, necessarily, unless it's with their consent. N4r. Gimcnez: Commissioner, 1 suggest that we, you know, we limit the -- any banners in Watson Island to whatever venues on Watson Island. And then that takes away anything about competing outside of Watson Island. Commissioner Winton: Yeah. Vice Chainnan Gort: That's an amendment. Commissioner Teele: Suppose they want to put somebody else's banner up? Vice Chairman Gort: They can't. Commissioner Winton: Too bad. Ms. Bianchino: We should -- The way the banner system works now is the Manager approves each one on a case-by-case basis. And I would think this would work in this event. The Attorney recommended that we be a co-sponsor with them for a year. It doesn't mean they get all the poles on the island, but they do bet to hang up their banners, which is what they're lookine for. Commissioner Winton: Well, maybe that's a good idea, is co-sponsor for a year. and flush some of this out and see how all this works. Commissioner Teele: I don't -- 1 think we ought to give deference to the fact they're making an investment. I think we should give them an exclusive on 50 percent of the banners, available banners, subject to the Manager's approval, on a case-by-case approach of each banner. Of each 282 5/24/01 banner. In other words, they won't have just banners up there. They've still got to come in and get his approval. Vice Chairman Gort: Right. OK, Ms. Bianchino: So it's 50 percent. Commissioner Teele: Exclusive. Ms. Bianchino: Exclusive. OK. Commissioner Feeie- Subiect to -- Vice Chainnan Gott: And we'll stagger them so they'll be all through. Contmissinncr '1'eele: Suhiect to receiving permission for each banner on a case-by-case approach. Ms. Bianchino: OK. 'ice Chainnan Gori: OK. Question we asked last time it was here, what were going to be -- what he was uoine to be giving to the City of Miami, and then here's some of the paragraphs. Parrot Jungle and Gardens will offer free admission to all City employees presenting valid City identification cards during the months of May. June. September and October of every year beginning 2001 and ending 2060. With an estimate 4,000 employed adults, admission price of S15.9currently, the benefit represents sixty-three thousand each if employee were to visit ,1uni4le once. Using the consumer price index of three percent, employees' base remaining constant over the life of the relationship, the City of Miami is receiving an employee benefit with a value of thirteen million dollars ($13,000.000). Parrot Jungle and Gardens will offer the residents of the City of Miami during the months of May, June, September and October, holidays excluded. '01 to '60. 20 percent discount of the regular admission to Parrot Jungle. Each resident must show proof of residency in the City of Miami. Parrot Jungle Gardens beginning in the summer, 2002 will undertake a summer training program of six students per year until 2060. Both the City and Parrot Jungle and Gardens shall mutually agree to the procedures selecting the six students. Students will receive training in landscaping, food service, tourism and hospitality and education program. This first year, this represents a value of eight thousand and six hundred and tbrty. At the end of '60, using the CII' (consumer price index) escalation factor of three percent, the City realizes a benefit of one point three million dollars. Panot Jungle and Gardens. beginning the summer of 2001 and continuing till 2060 will provide the City of Miami a 20 percent discount of the published price of any function held at Parrot Jungle and Gardens, including food, for estimation purpose, based on six functions a year for 500 persons. Savings, the City of Miami will realize nine thousand. Escalated, that shows for a total of one point two million dollars and so on. OK. You all got the background. Any question'? Commissioner Winton: Call the question. 283 5/24/01 9 • Vice Chairman Gort: All in favor, state it by saying "ave." The Commission (Collectively): Aye. The ,ollowing resolution was introduced by Commissioner RegalAdo, who moved for its adoption: RESOLUTION NO. 01- 533 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S CO- SPONSORSHIP OF PARROT JUNGLE AND GARDENS ("PJG"): APPROVING THE NAMING OF THE ACCESS ROAD LOCATED ON WATSON ISLAND ALONG THE MacARTHUR CAUSEWAY AS "PARROT JUNGLE TRAIL"; APPROVING THE PLACEMENT OF THE CITY'S LOGO ON CERTAIN PJG MARKETING MATERIALS; AND AUTHORIZING THE PLACEMENT OF PROMOTIONAL BANNERS ON FIFTY PERCENT OF THE LIGHT POLES LOCATED ALONG THE ACCESS ROAD TO PJG ON WATSON ISLAND, SUBJECT TO THE CITY MANAGL•R'S APPROVAL FOR PLACEMENT OF EACH BANNER, ON A CASE-BY-CASE BASIS; FURTHER ACCEPTING, IN PRINCIPLE, TILE PARROT JUNGLE AND GARDENS SPONSORSHIP PROPOSAL. PRESENTED TO THE CITY OF MIAMI, DATED MAY 21, 2001, ATTACHED AND INCORPORATED, SUBJECT TO MODIFICATIONS AS STATED HEREIN; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. (liere 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 Johnny Winton Vice Chairnan Wifredo Gori NAYS: None ABSENT: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Gort: OK. That takes care of my pocket items. 284 5124/01 73. DESIGNATE CIRCLE INTERSECTION AT ENSENADA AVENUE AND LA PLAYA BOULEVARD AS A PLAZA TO BE KNOWN AS "AMY BILLIG MEMORIAL PARK." Commissioner Winton: I have four. Vice Chairman Gort: Go ahead. Commissioner Winton: City of'Miami Street Codesignation Committee recommends that the City of Miami Commission adopt the attached resolution authorizing the designation as a plaza in the circle at Ensenada Avenue and La Playa Boulevard, which is in the Grove, as the Amy Billig Memorial Park. And do I need to read the resolution? Commissioner Regalado: Second. Alejandro Vilarello (City Attorney). No, you don't need to read the resolution. it does need to be refen•ed to the Street Codesipation Committee? Commissioner Winton: Yes. Vice Chairman Gort: It's been moved and seconded. Commissioner Regalado: Second. No, you don't have to refer it to the Codesignation. It's already coming back from the Codesignation Committee. Commissioner Winton: Right. It's coming back from. It's already coming to us for approval. Commissioner Regalado: Yeah. That's the final step. And then we have to go to the County to buy the Signs. 'ice Chairman Gon: All in favor, state it by saying "aye." The Commission (Collectively): Aye. 285 nm>jtm 5/24/01 The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-534 A RESOLUTION OF THE ML'-,Ml CITY COMMISSION DESIGNATING THE CIRCLE INTERSECTION AT ENSENADA AVENUE AND LA PLAYA BOULEVARD, MIAMI, FLORIDA, AS A PLAZA TO BE KNOWN AS "AMY BILLIG MEMORIAL PARK"; FURTHER DIRECTING THE CITY MANAGER TO TRANSMIT A COPY OF THIS RESOLt:TIONT TO THE OFFICIALS DESIGNATED HEREIN. (Here follov. s 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 VOIC: AYES: Commissioner Tomas Regalado Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: '.None ABSENT: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Regalado You know. Commissioner Jimmy Morales could waive those -- Commissioner Winton: Oh, he can? Vice Chainnan Gort: Yeah. Commissioner Regaludo: Yeah, on the County. Vice Chairman Gort: Mr. Jackson. John Jackson (Director, Public Works): Commissioners, John Jackson, Director of Public Works. They're going to put a marker in this circle, versus a street, changing the street sign. So there's no charges for that. There's going to be a marker in the circle. Commissioner Winton: Oh, they're raising the money for that, too, aren't they:' That's right. Mr. Jackson: And they're providing all of the expenses and installation. Commissioner Winton: Yeah. 286 5/24/01 74. MAKE PROVISIONS FOR HOLDING SPECIAL MUNICIPAL ELECTION ON NOVEMBER I 6, 2001, FOR PURPOSE OF SUBMITTING TO ELECTORATE AT SAID ELECTION REFERENDUM 1 BALLOT QUESTION, TO BE KNOWN AS BALLOT QUESTION NO. 1: SHALL COMMISSION BE AUTHORIZED TO GRANT, PURSUANT TO SECTION 3, ARTICLE VII OF FLORIDA CONSTITUTION PROPERTY TAX EXEMPTIONS FOR NEW BUSINESSES AND EXPANSIONS OF EXISTING BUSINESSES LOCATED IN AN ENTERPRISE ZONE. Vice Chairman Gort: The second pocket item. Commissioner Winton: "rhe second one is -- I think you've all heard me say a number of times over the course of the past year. if you remember, the Florida Legislature created an economic development tool that we've never been able to take advantage of in the City, because it requires the County -- You have to have a public referendum. The County's had the public referendum, but the City Attorney said that the County's public referendum doesn't count in the City, so you have to have our own referendum to take advantage of this economic development tool. And the tool, in essence, allows for the ahatentent of ad valorem taxes for the expansion of businesses or the recruitment of new businesses into enterprise zones within the C ay. And so we will have -- in order to utilize this tool, we have to have our own public referendum. So what I'm attempting to do here is to bring a resolution before you that will essentially put this on the ballot in November. Commissioner Regalado: Second. And does the -- can we direct the City Clerk now to translate that already. so he had it out of the way and give us a copy of the translation'? Alejandro Vilarello (City Attorney): Yes. And because this is not a Charter amendment, it can be adopted this early. Charter amendments have to be adopted within a window. This can he adopted now. Commissioner Regalado: Yeah, but this is what I'm saying. Mr. Vilarello: This gives us more time to translate, correct. Commissioner Regalado: Go ahead and do it now. Commissioner 'Vinton: Which is the reason I'm bringing it early, so we don't have this jam. Vice Chairman Gort: All in favor, state it by saying "aye." 'File Commission (Collectively). Ayr. 288 5/24/01 6MGM111 9 E The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-535 A RESOLUTION OF THE MIAMI CITY COMMISSION. WITH ATTACHMENT(S), MAKING PROVISIONS FOR HOLDING A SPECIAL MUNICIPAL ELECTION ON NOVEMBER G, 2001, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE AT SAID ELECTION THE FOLLOWING REFERENDUM BALLOT QUESTION, TO BE KNOWN AS BALLOT QUESTION NO. 1: "SHALL THE CITY COMMISSION OF THE CITY OF MIAMI BE AUTHORIZED TO GRANT, PURSUANT TO SECTION 3, ARTICLE VII, OF THE FLORIDA CONSTITUTION. PROPERTY TAX EXEMPTIONS FOR NEW BUSINESSES AND EXPANSIONS OF EXISTING BUSINESSES LOCATED IN AN ENTERPRISE 7_ONET'; DESCRTBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH SPECIAL MUNICIPAL ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF THE ADOPTION OF THIS RESOLUTION AND THE PROVISIONS "THEREOF PURSUANT TO APPLICABLE LAW; AND DIRECTING 'TI -TL- CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI- DADE COUNTY, FLORIDA, PURSUANT TO APPLICABLE LAW. (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 Johnny Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. 289 5/24/01 • • 75. APPOINT ALAN SWEENEY AS MEMBER OF COCONUT GROVE PARKING AND ADVISORY COMMITTEE. Commissioner Winton: This is a nomination to the Coconut Grove Parking Advisory Committee. Nominate Alan Sweeney. Vice Chairman Gort: There's a motion. Is there a second? Commissioner Regalado: Second. \'ice Chairman Gort: All in favor, state it by saying "aye." The Commission (Collectively): Aye. 1 -lie following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01-536 A MOTION APPOINTING ALAN SWEENEY AS A MEMBER OF THE COCONUT GROVE PARKING AND ADVISORY COMMITTEE, Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Regalado: Excuse me. Alan Sweeney is in ITB (International Trade Board). Can -- he can also be on -- Commissioner Winton: He's on ITB and the Coconut Grove Parking Advisory Committee. Commissioner Regalado: They're two different entities. Vice Chairman Gort: One is Advisory. 290 IIIIi�L� 5/24/01 7 • • 76. EMERGENCY ORDINANCE: ESTABLISH TWO SPECIAL REVENUE FUNDS ENTITLED 1 "2001 WORKFORCE INVESTMENT ACT YOUTH SERVICES PROGRAM" AND "OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT SUMMER YOUTH PROGRAM"; APPROPRIATE FUNDS FOR THEIR OPERATION, $338.985 AND $279,000, RESPE(TIVELY, CONSISTING OF TWO GRANTS FROM SOUTH .'LORD)A EMPLOYMENT AND TRAINING. CONSORTIUM. Commissioner Winton: 'this is for summer jobs program, and it's an emergency ordinance: of the Cite Commission establishing two special revenue funds entitled 2001 Workforce Investment Act Youth Service, Program, which appropriates funds for the operation of said program in the amount of three hundred and thirty-eight thousand. nine hundred and eighty -fire dollars (5338,985), and the Office of Community and Economic Development Summer Youth Program. which appropriates funds for the operation of said program in the amount of two hundred and seventy-nine thousand dollars (5279,000); authorizing the City Manager to hire the appropriate staff for the Department of Community Development to administer and implement said programs: and further authorizing the City Manager to execute the necessary documents to accept this brant and enter into the necessary implementing agreements, in a form acceptable to the City Attorney for this purpose; containing a repealer provision and a severability clause. So move. Vice Chairman Gott: Is there a second? Commissioner Winton: Oops. Vice Chairman Gori: Commissioner Teele's here. Commissioner Teele: Second. Vice Chairman Gori: OK. It's been moved and seconded. Commissioner Winton: It's an ordinance. Vice Chairman Gorr: Read it. Commissioner 'Vinton: I already read it. Vice Chairman Gort: Wait. Let me ask you a question. Commissioner read it. Does it have to be read by the Attorney, Alejandro Vilarello (City Attorney): if he read it verbatim, then, no. Vice Chairman Gurc You read it word for word? Commissioner Winton: Word for word. Commissioner Rebalado: If Commissioner Regalado's not going to vote for it, we don't need to vote. 291 5/24/01 0 • Vice Chairman Gort: Roll call. Commissioner Winton: He seconded it. Commissioner Teele: Oh, did he? OK. Vice Chairman Gort: Roll call. An ordinance entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING TWO SPECIAL REVENUE FUNDS ENTITLED "2001 WORKFORCE INVESTMENT ACT YOL7H SERVICES PROGRAM" AND "OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT SUMMER YOUTH PROGRAM' APPROPRIATING FUNDS FOR THEIR OPERATION, IN THE AMOUNT OF 5338,965 AND 5279,000, RESPECTIVELY, CONSISTING OF TWO GRANTS FROM THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. TO ACCEPT THE GRAFTS AND IMPLEMENT THE PROGRAMS; FURTHER AUTHORIZING THE CITY MANAGER TO EMPLOY APPROPRIATE PERSONNEL TO IMPLEMENT AND ADMINISTER BOTH PROGRAMS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Winton. and seconded by Commissioner Regalado, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny Winton Vice Chairman Wifredo Gott NAYS: None ABSENT: Commissioner Joe Sanchez 292 5/24/01 Whca tpc�n: Ire Commission. an ,motion of Commissioner Winton, =d seco>uilad by of missionrr Jtt�ct, etlopttid said tnclitulttce by file following voce: A►YS: COmntissiot�er Tontaa .11drt I Conullusioner Arthur E. Teelo, Jr s " `; CointnissionerJohnny Winton ,4*F I, y Vice Chairman Wifrodo Gori I' E M t F RZy ff ,� Yat 4 None i ABSENT: Commissioner Joe Sanchez k&OJli MANCE WASDESIGNATED GATED ORDINANCE NO; 12076 T . k� • ; ` co inance was read by title into the public record by the City AttomC commissioner Winton: I'm done. ap.1t gg, �� f .4K "134AI - x �t 1„ d SAL t F' z f S'rx"`2�„F j.tuy;"at° x17 i it p `'yip ray yxtg �s 6`air�sa�ki�as��' t ztv r a_r', 0 at °s - ,r ,�,•�'S ...t` a ,,T, i.�.`F�. 1 s t 9 a 293 5/24/01 77. CLARIFY COMMISSION'S ACTION IN DEFERRING DISCUSSION CONCERNING PROGRAMMING ON NET CHANNEL 9 UNTIL FIRST COMMISSION MEETING OF JULY (See #10). Vice Chairman Gort: OK. Commissioner Regalado, do you have any pocket items? Commissioner Regalado. No, sir. Vice Chairman Gort: Good. Commissioner Teele, do you have any pocket items? (INAUDIBLE COMMENT) Vice Chairman Gort: Motion to adjourn. Alejandro Vilarello (City Attorney): Mr. Chairman. Vice Chairman Gort: Yes. Mr. Vilarello: Commissioner Regalado's item regarding Net 9 was deferred to the meeting that's now been cancelled. I've asked Commissioner, and he's asked that it be deferred to the July 101h tneeting. Is that correct? Did we -- Commissioner Rccalado: Yes. Vice Chairman Gort: Do you need a motion for that? Mr. Vilarello: Just to acknowledge that it's being deferred to July 12`"(sic). Vice Chairman Gort: It's been moved and seconded. Mr. Vilarello: 10`x' Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. 294 5/24/01 • The following motion was introduced by Commissioner Regalado, who moved for its Adoption: MOTION NO. 01-537 A MOTION CLARIFYING THE COMMISSION'S ACTION IN DEFERRING AGENDA ITEM DISTRICT 4F (DISCUSSION CONCERNING PROGRAMMING ON NET CHANNEL 9) UNTIL THE FIRST COMMISSION MEETING OF JULY, PRESENTLY SCHEDULED FOR JULY 10, 2001. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Toole, Jr. Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez t r a ! y � > t I , `S } 295 5/24/01 • • 78. MANAGER TO BRING BACK ISSUE IN CONNECTION WITH BILLBOARD ADVERTISING FOR CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY 10, 2001; STIPULATE THAT TIME CERTAIN (5 P.M.) BE GIVEN TO PUBLIC AND PROPERLY NOTICED IN ORDER THAT PUBLIC CAN BE HEARD. Commissioner Tcelc: Mr. Chairman. 1 think we're going to get in the jackpot next month. We've got some heavy issues. We've got the billboard, outdoor billboard stuff. We've got -• 1 mean, we can't cut that stuff short. Frank Rollason (Assistant City Manager): Commissioner, Frank Rollason. We would like to -- we're going to have the public hearing on that June the 6'h that we had requested. And we are not going to he ready for you to have a comprehensive report on the 14"'. So we would like to move that to -- We were }going to move it to the 28'h, but we now need to move it to July 10'". Commissioner 'I eele: You mean July 12`h Mr. Rollason: Well, I think we moved that meeting to the 10"', didn't we? Vice Chairman Dort: Yeah, we moved that to the 1.0"'. Commissioner Teele: Yeah, you're right. You're always one step ahead. \4r. Rollason: leo. no, not always, not always. But if we could do that, 1 think we'll have a lot better report for you from the information we gather from the industry and the public on the 6'h. Commissioner Teele: 1 would move that we have it, but we have it at a time -- advertise a time certain, such as 5 p.m., anti make sure that we notice it so that the public can be heard. Vice Chairman Gort: OK. Commissioner Tecle: I would so move. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second. Vice Chairnian Gort: Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. 296 5/24/01 The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-538 A MOTION INSTRUCTING THE CITY MANAGER TO BRING BACK THE ISSUE IN CONNECTION WITH BILLBOARD ADVERTISING (INCLUDING ENFORCEMENT HISTORY, DOCUMENTS AND TECHNICAL ISSUES REGARDING BILLBOARD COMPLIANCE, WHICH NEEDED TO BE CLARIFIED) FOR CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY 10, 2001; FURTHER STIPULATING THAT A TIME CERTAIN (5 P.M.) BE GIVEN TO THE PUBLIC AND PROPERLY NOTICED IT ORDER THAT ANY INTERESTED MEMBER OF THE PUBLIC CAN BE HEARD. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez 297 5/24/01 79. ESTABLISH FUNDING FOR SERGEANT AT ARMS CLASSIFICATION, SHALL BE FOR NON -POLICE ADMINISTRATIVE ITEMS, TRAVEL PER DIEM -OTHER AND OTHER ADMINISTRATIVE FUNCTIONS MAINTAINED AND BUDGETED UNDER OFFICE OF CITY CLERK, MANAGER TO TAKE UISDER ADVISEMENT THOSE PROJECTED, ANTICIPATED COSTS RELATING TO SERGEANT AT ARMS C_LASSIFICATIOP: INT UPCOMING FISCAL YE.'.R 2001-2002 BUDGET. Commissioner Teele: Mr. Chairman Fico Chairnian Gurt: Yes. sir. Coni issioner Teele: Just briefly. I have a resolution of the City Commission pertaining to the sergeant at arnis. farther establishing that the funding for the sergeant at arms classification now shall be for non - police administrative items -- travel per diem, other administrative functions, maintained and budgeted in the office of the City Clerk, and further authorizing and directing the City Manager to take under rcl� isement those projected anticipated costs relating to sergeant at arms classification in the upeoniing liscal 20u01.,2t102 budget, containing a repealer provision and severability clause, and calling for an effective date. And there's two amendments from the printed. It would be anticipated non -law enforcement, parentheses. Police budget expenditures. And f'or the purpose of the resolution, the City Clerk is authorized to make available the sum of ninety-five hundred ($9,500) in connection with the aforernemioned expenditures for remainder of the year 2001. This does not relate to his salary. The salary is budgeted as it is budgeted. It doesn't relate to anything other than the administrative items, such as signs that he gues out and puts on cars, thinks that have nothing to do with law enforcement. ..It's no need to talo that out of the Police budget. The automobile should not be in the Police budget, necessarily. We should ftmd that as our own. But the apparatus would have to come from the Police. And what 1 don't want to do is get us into a criticism where we're, you know, spending Police money for adninustrati\c things. and I think this should be transparent. In the County Commission, just so that you're clear, the Chairman has a district budget and a Chairman's budget. The Chairman's budget is about eight hundred thousand dollars ($800,000) a year. And the protocol functions -- (INAUDIBLE -(INAUDIBLE C ONIMENT) Commissioner Teele: Huh? It's about seven hundred -- In fact, we'll get the Budget Officer to provide all of that information, because we have -- we went through a process where we reduced the Commission budget dramatically when we hit into the Oversight Board, and it's substantially different from most of the other jurisdictions. But I would so move this item. I have checked with the Clerk's Office, and he indicated, hosed upon his hard work in selling passports -- in fact, lie sold -- How much did you generate? W'altcr Foeman (City Clerk): The total revenue was sixty-four thousand dollars ($64,000) in two days. But %ve -- of that amount, forty-four went to the Federal government, and we retained twenty thousand. Commissioner I Bele: And the relationship with the sergeant at arms will help even more. As you know, that's always a coordination issue with the law enforcement on how we run that. In fact, they almost armsted you one time, didn't they' Mr. Focman: That is correct 298 5/24/01 • 0 Commissioner Teele: So having the sergeant at arms may help you not get arrested, at least, when you're doing your duties. So I would so move. Commissioner Regalado: Second. Vice Chairman Gort: There's a motion. Is there a second? Commissioner Regalado: Second. Commissioner Winton: Question. Commissioner Teele, you have to educate me here. The sergeant at arms, why does he need a car or anything! I mean I don't -- what does -- does he do something other that I'm -- Vice Chairman Gort: Yeah. Commissioner Winton: I thought the sergeant at arms hangs around here. Vice Chairman Gort: Yeah. Commissioner Tcele: Well, they do, generally, but they also coordinate with a lot of people. For example, on the Roots and Culture Festival, he's been over to the County at least three times, just coordinating the County Commissioners that'll be coming over. There are a series of activities that the sergeant at arms is normally involved in, particularly when there are official functions. l or the swearing in party the other night for the Mayor of North Miami, he went out and he got all the passes for the various Commission offices. We would have all been out there on the street -- right, Willy? -- if we didn't have that kind of liaison. So there's a lot of coordination that goes on. He'll be out tonight, hopefully, trying to get with -- Commissioner Winton: You mean there's something -- Vice Chairman Gort: He can do it for any one of us. Commissioner Winton: Oh, 1 didn't know that. Vice Chairman Gott: Well. I sent you a memo explaining. Commissioner Winton: Yeah, ApparentIN. 1 didn't read it. Vice Chairman Gort: OK. Cununissioner Teele: But like every other police officer, he's entitled to a car. And what I'm simply saying is, rather than having a car taken out of the Police Motor Pool, or the Police, it's much better to use -- for the sergeant at arms to use a rented car and pay 11or it on an annual basis, as opposed to in any way taking resources from the Police Department. 299 5/24/01 Vice Chairman Gorr: Further discussion. Being none, all in favor, state it by saying "aye." Alejandro Vilarello (City Attorney): Commissioner, can I just make sure it's clear! This is a resolution directing an amendment to the appropriations ordinance to provide for these functions and the transfer of dollars. Correct? Commissioner'reele: Actually, it's not. Actually, it is a resolution instructing the Clerk to take from his budget and to make provisions from his budget for these functions. And it also specifically -- Commissioner Winton: That'll teach you to make so much money. Commissioner Teele: And it also specifically provides that the Vice Chairman will sign his time cards. Is that in here? is the: Vice Chairman -- And it also specifically provides that you will sign for the time: cards for the sergeant at arms, which is the Vice Chairman, normally. Mr. Vilarello: Commissioner, i believe those funds are revenues he's generated this year. They're unappropriated funds, and you wish to appropriate it for those purposes. Commissioner Teele: Wait, wait, wait. Whether it's those funds or his general funds, let the Budget Officer decide, but it's coming out of his budget. And it doesn't require a budget amendment. It only requires thus v r authorize the expenditure. We're not adding new money to his account. 'We're not taking money from his account. We're simply saying to the Clerk, administratively, from now on, all of Clic non -law enforcement matters will cone from the Clerk's Office. Mr. Foeman: Commissioner Teele, we have salary surplus, as well as in our 270 line item, sufficient monies to address that. Carlos Gimenez (City Manager): We may have a little problem. tie's got a budget, and whatever he -- I rnean, lie may have generated "X" number of dollars but that goes -- Commissioner Teele: 'Nell, perhaps -- Mr. I-oeman: Yeah. It's not a special revenue. Commissioner Teele: Well perhaps I should not have made reference to those dollars. Mr. Focnian: It's the general operating budget, Commissioner Teele: What he's saying is the general fund dollars will be -- it will not come from special revenue dollars, but his general fund dollars. Mr. Gimenez: He's got a surplus in his general fund? Mr. Focnran, Yeti. Mr. Gimenez: The Budget Director says she's not sure he has enough on the surplus. 300 5124/01 0 Mr. Poeman: We currently have to our 270 line item in excess of a hundred and twenty thousand dollars ($120,000). And that was for any special elections prior to the end of the fiscal year. - Mr. Vilarello: Commissioner, if I can, I think I -- At !his point, the resolution has been adopted by the City Commission. If there is a required appropriations amendment, June 14`' -- Commissioner 7 eele: June 14`h they can come back. 11r. Vilarello: Exactly. Commissioner Tcelc: But you're not appropriating more money for this position. Let's be real clear. No one is appropriating more money. What we're directing him to do is to expend dollars from within Itis own hudgct. And that is not an appropriation in any standard. That's a direction to him. Vice Chainnan Gort: That's the reason we could take it as a pocket item. If you all recall, we passed an ordinance that any pocket that affects the fiscal -- the City of Miami budget, it could not come as a pocket item. Commissioner Teele: Every time we pass a resolution directing that he advertise certain things, we're spending money from his budget. And it's no different from that. Mr. Vilarello: But he has funds in his budget appropriated for that purpose. You are now asking him to spend monies from his budget, which were not previously appropriated for that purpose. My only suggestion is, is that you let the Budget Director take a look at it, and that can be -- Commissioner Tecle: I will be more than happy to. But 1 will guarantee you that the Office of the Clerk has the basic administrative responsibilities for the Commission. And the sergeant at amts expenditures are administrative expenditures for the Commission. Vice Chairnan Gort OK. All in favor state it by saying "aye." The Commission (Collectively): Aye, Vice Chairman Gort: We passed it two times. OK? 301 5/24/01 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 01-539 A RESOLUTION OF THE MIAMI CITY COMMISSION PERTAINING TO THE CREATION OF THE POSITION OF SERGEANT-AT-ARMS; FURTHER ESTABLISHING THAT FUNDING FOR SAID SERGEANT-AT-ARMS CLASSIFICATION SHALL BE FOR NON- POLICE ADMINISTRATIVE ITEMS, TRAVEL PER DIEM-OTHER AND OTHER ADMINISTRATIVE FUNCTIONS MAINTAINED AND BUDGETED ENDER THE OFFICE OF THE CITY CLERK; FURTHER AUTHORIZING AND DIRECTNG THE CITY MANAGER TO TAKE UNDER ADVISEMENT THOSE PROJECTED, ANTICIPATED COSTS RELATING TO THE SERGEANT-AT-ARMS CLASSIFICATION IN THE UPCOMING FISCAL YEAR 2001-2002 BUDGET; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez 302 5/24/01 ROBJEM 0 0 80. RECEIVE $25,200.00 FOR PAYMENT TO FLORIDA POWER & LIGHT (FPL) OF NON- REFUNDABLE ENGINEERING DEPOSIT WITH RESPECT TO CONVERSION OF EXISTING OVERHEAD ELECTRIC DISTRIBUTION FACILITIES TO AN UNDERGROUND SYSTEM WITH RESPECT TO PHASE 3 AND PHASE 4 OF N.W. 3RD AVENUE EXTENSION TO 9TH STREET PEDESTRIAN MALL, REQUEST MANAGER TO IDENTIFY FUNDS TO COVER COST OF' IMPROVEMENTS TO BE COMPLETED AND MAKE DIRECT PAYMENT FOR UTILITIES WITH RESPECT TO INTERSECTING STREETS FROM STH STREET TO 14TH STREET ALONG 3Ro j AVENUE, $1,300,000.00. j Commissioner Tecle: Mr. Chairman, it's a resolution of the City of Miami to receive an amount of 525,000 for the payment of Florida Power and Light for non-refundable engineering deposit in connection with the preparation by Florida Power and Light of detailed and binding design plans prepared by FP&L (Florida Power and Light), with estimates with respect to conversion of existing overhead electric utility facilities to an underground system with respect to Phase 3 and 4 of the 9`h Street Pedestrian Mall, and to request that the City Manager is to study and identify funds to cover the cost of the improvement to be completed, pursuant to the Resolution SEOPW/CRA R98-14, and to make direct payments for utilities with respect to the intersections from 8"' Street and 10 Street, along the D.A. Dorsey 3"d Avenue, not to exceed one point three million dollars. All this does is it allows the City to receive funds coming in from the CRA, and asks the Manager to study again the capital fund issues, to determine whether or not we can find funds to remove utilities into underground. 1 would so move. And this has been conferred within the Budget Office. Commissioner Winton: Second. :'ice Chairman Gort: Moved and seconded. Any further discussion? Being none, all in favor, state it by saying ..aye... The Commission (Collectively): Aye. 1I1I1I[tI3. 303 5124101 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 01-540 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE OF A NON-REFUNDABLE ENGINEERING DEPOSIT, IN AN AMOUNT NOT TO EXCEED S25,200, FOR PAYMENT TO FLORIDA POWER & LIGHT ("FPL") IN CONNECTION WITH THE PREPARATION BY FPL OF DETAILED AND BINDING DESIGN PLAN ESTIMATES FOR THE CONVERSION OF THE EXISTING OVERHEAD ELECTRIC DISTRIBUTION FACILITIES TO AN UNDERGROUND SYSTEM ASSOCIATED WITH PHASES 3 AND 4 OF THE NORTHWEST 3"" AVENUE EXTENSION TO THE 9TH STREET PEDESTRIAN MALL; AND DIRECTING THE CITY MANAGER TO (A) MAKE A DIRECT PAYMENT FOR UTILITIES ASSOCIATED WITH INTERSECTING STREETS FROM NORTHWEST 8"H TO 14"' STREETS, ALONG San AVENUE, MIAMI, FLORIDA, IN AN AMOUNT NOT TO EXCEED $1,300,0)0, AND (B) IDENTIFY FUNDS TO COVER THE COSTS OF IMPROVEMENTS TO BE COMPLETED PURSUANT TO SEOPW/CRA RESOLUTION NO. R-98-14; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being suonded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez 304 5/24/01 • • �81. ON BEHALF OF COMMUNITY REDEVELOPMENT AGENCY (CRA), TO ACQUIRE, ON VOLUNTARY BASIS, LIST OF PARCELS, FOR MUNICIPAL PURPOSES. AND PROVIDE THAT' ALL COSTS ASSOCIATED WITH ACQUISITION WILL BE REIMBURSED BY CRA, SUBJECT TO AN INTERLOCAL AGREEMENT BETWEEN CRA AND CITY. Commissioner Teele: This is the item that is P. companion item that was approved the other night. It's a resolution of the Cite Commission, on behalf of the CRA, to acquire, on a voluntary basis, the list of parcels, as identified in Exhibit A, referred herein and incorporated therein by reference for municipal purposes, and further providing that all costs associated with the acquisitions be reimbursed by the CRA; and further subject to an interlocal agreement between the CRA and the City. I would so move. Commissioner Regalado: Second. \: ice Chairman Gorr: Further discussion? All in favor, state it by saying "aye." Thr Commission (Collectively): Ave. The folirnvin�t resolution was introduced by Commissioner Tcele, who moved for its adoption: RESOLUTION NO. 0 1 -541 A RESOLUTION OF THE MIAMI CITN' COMMISSION, ON BEHALF OF THE COMMUNITY REDEVELOPMENT AGENCY (CRA). TO ACQUIRE. ON A VOLUNTARY BASIS, THE LIST OF PARCELS, AS DETAILED IN EXHIBIT "A" FOR MUNICIPAL. PURPOSES, AND FUqZTHER PROVIDING THAI' ALL COSTS ASSOCIATED WITH THE ACQUISITION WILL BE REIMBL*RSI=D 81' THE CRA, AND FURTHER, SUBJECT TO AN INTERLOCAL AGREEMENT BETWEEN THE CRA AND THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon bem, seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tornas Regalado Commissioner Arthur L. Teele, Jr, Commissioner Johnny Winton Vice Chairman Wifredo Gort 'MAYS: None ABSENT- Commissioner Joe Sanchez 305 5/24/01 9 1 82. CITY ATTORNEY TO PREPARE ORDINANCE RELATING TO PARKING LOTS FOR PUBLIC IN SOUTHEAST OVERTOVI'N/PARK WEST, INCLUDING CIVIL AND CRIMINAL SANCTIONS, RIGHT TO TOW OR BOOT. AMONG PROHIBITED THINGS SUCH AS CAR' REPAIRS OR SERVICING, CAR STORAGE, CAR WASHING, BAZAAR EVENTS, SALE OF GOODS OR PRODUCTS LEGAL OR ILLEGAL, INCLUDING CHARITIES/NOT-FOR-PROFITS. Commissioner Teele: This is also a companion item that was approved the other night. it's a resolution requesting that tate City of Miami prepare and consider an ordinance relating to parking lots in the Southeast Overtown/Park West District that are public, for the public, including civil and criminal sanctions, including the right to tow or boot, among other things, such as car repairs, servicing or storing of cars. car washing, events, bazaars, sales of goods and products, whether legal or illegal, including charities. and not -for -profits, 1 would so move. Commissioner Regalado: Second. Commissioner Winton. Second. Commissioner Tecle- This is only asking that the Parks Department and Law Department develop an ordinance that prevents the parking lot from becoming bazaar. Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. 306 3/24/01 �tmTi�na - The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 01-542 A RESOLUTION OF THE MIAMI CITY COMMISSION DIICTING THE CITY ATTORNEY TO DRAFT LEGISLATION PROHIBITING AND IMPOSING CIVIL AND CRIMINAL SANCTIONS CONSISTENT WITH THE CODE FOR THE FOLLOWING ACTIVITIES ON THE PUBLIC PARKING LOTS IN THE SOUTHEAST OVERTOWN/PARK WEST AREA BY INDIVIDUALS OR ORGANIZATIONS, INCLUDING CHARITIES AND NOT-FOR- PROFIT ENTITIES: (1) CAR REPAIRS. SERVICES AND CAR WASHES, (2) BAZAAR EVENTS, AND (3) THE SALE OF GOODS OR PRODUCTS, LEGAL OR ILLEGAL. (Here follows body of resolution, omitted here and on rile 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 Arthur E. Teele, Jr. Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez 307 ilm � 5/24/01 • • 83. APPROVE HAPPY BIRTHDAY MIAMI EVENT TO BECOME AN ANNUAL EVENT FOR CITY. Commissioner Teele: Item Number 4 was done. Item Number 5 was done. And this is a resolution -- Number G -- approving the Happe Birthdav, Miami event, hosted by the Black Archives Foundatiotr, artd making the City a sponsor of the event on an annual basis, and to do certain things to ensure that the birthday of the City of Miami is commemorated in conjunction with the Black Archives and other historic organizations' activities. I would so move. \'ice Chairnian Gort: It's been moved. Is there a second? Commissioner Winton: Second. Commissioner Rcgalado: Second. Vice Chairman Gort: All in favor, state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 01-543 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE HAPPY BIRTHDAY, MMMT! EVENT TO BECOME AN ANNUAL EVENT FOR THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. 'Keele, Jr. Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez 308 5/24/01 The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-544 A MOTION TO ADJOURN TDAY'S CITY kIISSION MEETING. 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 Winton Vice Chairman Wifredo Gott NAYS: None ABSENT: Commissioner Joe Sanchez There being no fhrther business to come before the City Commission, the meeting was adjourned at 9:45 p.m. W MEDO GORT, Vice Chairman ATTEST: 310 0 5/24/01