HomeMy WebLinkAboutCC 2001-06-14 MinutesCIT-
OF
MIAMI
OLT
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CITY
C 0 M M I S S 10 N
MEETING
-M--INUT'ES
OF MEETING HELD ON JUNE 14, 2001
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Priscina A. Thentpsanlary Clerk
On the 14th day of .lune 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 9:10 a.m. by Vice Chairman Wifredo Gori, with the
following members of the Commission found to be present:
Vice Chairman Wifredo Gort (District 1)
Commissioner Tomas Regalado (District 4)
Commissioner Johnny L. Winton (District 2)
1 June 14, 200I
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Vice Chairman Gort: Invocation by Commissioner Regalado, and the pledge of allegiance by
Commissioner Winton.
An invocation was delivered ht Commissioner Regalado, followed ht• Commissioner
Winton leading those present in a pledge of allegiance to the flag.
1. ADMINISTRATION TO LOOK AT ALTERNATIVES FOR TAX-EXEMPT PROPERTIES
LOCATED WITHIN CITY TO HELP PAY FOR COST OF CITY SERVICES.
Vice Chairman Gort: We have a couple of salutes coming up. We'd like to wait for
Commissioner Teele and Commissioner Sanchez to get here. At this time. I want you all to
know 1 sent a memo to the Manager, asking him -- because we're talking about all the needs of
the City and so on. What a lot of people don't understand -- my understanding is, and correct
me, Mr. Manager, if I'm wrong, that 35 -- 30 or 35 percent of the City properties is tax-exempt.
This is without analyzing all the land that's been taken off the rolls of the taxes because of the
expressways, and the interchanges, and so on. My understanding, you've come up with about
700 acres?
Carlos Gimenez (City Manager): Yes, sir, over 700 acres.
Vice Chairman Gort: And when you add that to the existing non-exempt -- tax-exempt
properties, you realize that the City of Miami is an exemption in tax-exempt. So, somehow, we
have to look for ways for other people to pay -- help pay for the City services, which they do
receive.
A
2 June 14, 2001
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2. TABLED: PROPOSED ACCEPTANCE OF BID OF P.N.M. CORPORATION FOR
PROJECT ENTITLED "DOWNTOWN STORM SEWERS/IMPACT FEE, PHASE 1, B-56 31-
$296, 74 6.80 (SEE NUMBER 6).
Vice Chairman Gott: In the meantime, while we wait, is any -- any of you Commissioners would
like to take any of the -- take out any of the consent agenda items out? I have a question, CA -6.
John Jackson (Acting Director, Public Works): Good morning, John Jackson, Director, Public
Works.
Vice Chairman Gort: Mr. Jackson, my understanding is -- and help me understand -- this funding
is coming from the impact fee from downtown?
Mr. Jackson: Yes, sir, it is.
Vice Chairman Gort: And it's going to be utilized where?
Mr. Jackson: On 15th Road -- 13th Street to 14th Street, on i 5th Road, yos.
Vice Chairman Gort: OK So this is part of the DRI (Development of Regional Impact) -- this is
within the impact fee zone?
Mr. Jackson: It's within the impact fee area, yes, sir.
Vice Chairman Gort: OK. Thank you. That's the only question I had.
Note for the Record: Item CA -0 was tabled.
3
June 14, 2001
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3. UPDATE BY POLICE CHIEF RAUL MARTINEZ ON HEALTH CLINIC LOCATED AT
380 0-385 0 WEST FLAGLER STREET: ARRESTS CODE ENFORCEMENT ISSUES, ET
I CETERA.
Commissioner Regalado: Is the Chief of Police here`'
Carlos Gimenez (C ity.Manager): Yes, sir.
Commissioner Regalado: While we wait, I just wanted to get an update on the situation of the
Miami mental health clinic and the police actions in terms of the residents complain for invasion
of their property and -- I think aggressive pan handling or something. I understand, Chief, that
you have something?
Raul Martinez (Chief of Police): Yes, Commissioner. There's a memo that was sent to the
Manager, I think, yesterday. I don't know whether lie's seen it yet or not, respond to some of
your questions -- that deals with Code Enforcement actions and police perspective actions. The
last time we reported to you, we had made 17 arrests, and I really don't recall the time period, but
this updates till the end of May, where we have made 33 arrests.
Commissioner Regalado: How, many?
Mr. Martinez: "Thirty-three arrests in the area.
Commissioner Regalado: And these are -- most of them arc these patients, right?
Mr. Martinez: I really can't say that, Commissioner, with any certainty. Surprisingly so, a
number that grew all of a sudden were prostitution arrests. We made a number of prostitution
arrests in the area. So, I was expecting more pan handling -type, begging arrests, but there were
like maybe 10 or 12 prostitution type arrests made in the area. So, I mean -- and I really can't tell
you, specifically, I don't recollect who the 33 people were arrested. The report also tells you the
fines the Code Enforcement inspector had given them for garbage issues, and sonic of the cases
that have been closed from the Code Enforcement perspective.
Commissioner Regalado: And this is for the City Attorney. As we get all these updates, is it
anything that we can do in terms of the history to force them to do something or whatever'?
Alejandro Vilarello (City Attorney): If any particular property is it continuing nuisance that
requires continuing police action unchecked, continuing Code Enforcement action unchecked,
there are methods that we can do to go to court and have an injunction entered stopping that use
because it continues to be a nuisance to the City and to its citizens.
Commissioner Regalado: How long do we need to keep this record to do that?
Mr. Vilarello: It's certainly -- it's important to have a series of -- 1 mean, if you haven't --
Commissioner, I'd rather sit down with the Chief and Code Enforcement to detennine exactly
4 June 14, 2001
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4. PRESENTATIONS AND PROCLAMATIONS.
PROCLAIM JUNE 14, 2001 AS SWITCHBOARD OF MIAMI DAY IN RECOGNITION OF
CRISIS INTERVENTION CENTER WHICH OPERATES 24 HOURS A DAY, SEVEN DAYS
A WEEK OFFERING FREE COUNSELING IN DIFFERENT LANGUAGES, ASSISTING
CASES OF SUICIDE, MENTAL HEALTH PROBLEMS, HIGH RISK BEHAVIOR,
DOMESTIC VIOLENCE; SALUTE TO DR. LUMANE PLUVIOSE-CLAUDE, LT. CRAIG
MCQUEEN, OFFICER CHARISE OIORDANI, OFFICER HARVEY NARIN, OFFICER APRIL
HARDEMON FOR THEIR DEDICATION AND COMMITMENT TO HELP MAKE MIAMI A
BETTER PLACE TO LIVE.
Vice Chairman Gort: Good morning, sir. At this time, Commissioner Sanchez, we have a few
presentations. Will you make your presentation, please?
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 9:27 A.M. AND
RECONVENED AT 9:39 A.M., WITH ALL MEMBERS OF T1IE CITY COMMISSION FOUND TO
BE PRI -,SENT.
6 June 14,2001
S. OVERRIDE MAYORAL VETO OF ORDINANCE NO. 12073, ADOPTED MAY 24, 2001,
WHICH ORDINANCE AMENDED CHAPTER 2, ARTICLE XI, DIVISION 6, SECTION 2-
1013(3), OF CiTY CODE, ENTITLED "ADMINISTRATION, BOARDS, COMMITTEES,
COMMISSIONS, MIAMI SPORTS AND EXHIBITION AUTHORITY," TO ALLOW CITY
COMMISSIONERS TO RE APPOINTED AS EX -OFFICIO VOTING MEMBERS OF MIAMI
SPORTS AND EXHIBITION AUTHORITY ("MSEA").
Commissioner Tecle: Mr. C'hainnan, members of the Commission, i want to apologize. I did
not move the 9:30 to 9 o'clock, and I'm -- I stand in an embarrassing position to both the public
and my colleagues, and 1 want to apologi7c.
Vice Chairman Cort: I'll talk to Mr. Piderntatut, and I'm sure he can get you here in time.
Commissioner Teele: I haven't seen Pedro in two weeks, three weeks.
Vice Chairman Gort: OK. 1-irst item of -business, I understand we have to deal with the vete.
Alejandro Vilarello (City Attorney): Yes. The C'ily Charter provides and the Cily Code provides
that the first substantive decision of the City Commission, with regard to when a Mayor's veto
has been issued, is consideration of that veto.
Commissioner Regalado: Mr. Chairman'
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: I have here the minutes of the City Commission meeting of December
1997 and of January of 1995. Those two meetings -- in those two meetings, the City
Commission took action to restructure the Miami Sports and Exhibition Authority Board and, in
the process -- but here's the record of what went on at that time, at the urging of then -Mayor
Javier Suarez. through then -Chairman, C'hainnan Hernandez, The City Commission, with a 5 -O -
vote, supports naming the Mayor as the Chairman of the Miami Sports and Exhibition Authority,
and restructuring the Board. At that time, we accommodated the need of the Mayor. This was
not changed, at all, when we had a change of Mayors. So, I don't understand why is it that the
Mayor is good enough to be the Chairman, but Commissioners are not good enough to he
members, if they wish to, of the :Miami Sports and Exhibition Authority. So, with that, I move to
override the veto.
Commissioner Teele: I second the motion, Mr. Chairman. And I really would like to
disassociate myself from the remarks of Commissioner Regalado, because I think the issue has
nothing to do -- I respect his point of view and 1 think his point of view speaks for himself, but
I'm speaking primarily to Commissioner Gort -- to Commissioner Winton. Commissioner
Winton, you were not here when the discussion that Commissioner Regalado has trade reference
to transpired, and if you've not read the. transcript, I think it's unfair to proceed. I think it's
er,)ssl}' unfair to proceed. And we should allow 10 to 15 minutes for -- at least for you to
tamiliarixe yourself with the history of what this is, because this is something! that, I'm sure, that
the media and the embracerics of the Mayor would like to make a personality thing. This has
June 14, 2001
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nothing to do with the Mayor, whether it be Joe Carollo or Xavier Suarez. In fact. I'm lookup"
for the reference. I said, at the time. That I didn't think this was a good idea. because l didn't
think we should make board appointments and structures based upon what a personality wants.
In other words, one of the problems -- and we need to just take two steps back -- one of the
problems that went on during this rush to change the form of government, the Charter, is that no
one sat down and thought through the impact of changing the Charter. Rcforc the Charter was
changed, there were five players of elected officials, a Mayor and four Commissioners, all sitting,
as legislators with sonic quasi -.judicial powers in zoning, and some purely ministerial duties as it
relates to the executive. In lact, the Mayor, under that forn of government. was more analogous
to the Queen of England and her role, or the king of Spain, to he more gender proof on it, to he
more analogous to the king of Spain, and the power that the king has in legislation. In other
words, whatever the Parliament of Spain passes, the king's signature is affixed to it. And only
one time in the history, since Franco, has the king of Spain exercised power greater than those
normal powers, ministerial power, and that was during the expropriation of Romasa, which was
an order done by fiat of the king, and the rolling back of the military when they came out. You'll
recall, he symbolicaUN, put on his sword and his slash, his crown. and he basically told the
military to go back into the barracks. The analogy there is, the Mayor of the City of Miami, then
and now, has that same power, to put on his sword, to put on the crown during an emergence,
and if there is an emergence, like Hurricane Andrew, the previous Vlayor and the current Mayor
has extraordinary powers, police powers, to maintain public order. However, the Mayor of the
City, in the context of the five members, was a legislator. He was just a member of Parliament,
if you will. lie had a vote. And, so, there was a process that evolved that rotated each
Commissioner and Mayor as equals to various boards. There was a board called the DDA
(Downtown Development Authority), which rotated pretty mach. There was MSEA (Miami
Sports & Exhibition Authority), which, quite candidly, Victor -- it was Victor De Yurre's
providence for years. There was the CRA (Community Redevelopment Agency), which,
because of its uniqueness, as it relates to the African-American community, has traditionally
been with Commissioner Dawkins. There was the Bayfront Trust, which was the sole
playground and fiat of then Commissioner Plummer. I don't think there's been a chairman, other
than maybe Commissioner Rosario, who had -- who actually started it off. It was her vision.
through Senator Pepper and others and Mayor Ferrer at the time. And, so, each Commissioner
had, if you will, a sphere of influence. One of the challenges that they had is, they wanted to
experiment around with that when Xavier Suarez was elected, and say that the idea of rotating
Commissioners among these hoards was better than having these spheres of influence. You
make six arguments tier it and six arguments against it. The argument that 1 remember -- and I
was advising -- I'll be candid. I've made a lot of mistakes in illy political life. 1 was advising
Miriam Alonso. You'll remember that, Commissioner Gort, when all of this came oil. And,
basically, Miriam wanted one: board. I don't remember what it was. And I went, met with
Wayne Heisinger. And this was in the context of the Arena and all of that, building the new
Arena. We're talking now about 1989/91, in that arca. And the one thing Wayne said to me was,
"Rotating boards is terrible because, in business, you want to know who you're dealing with; you
want to he able to sit down with that person, and you want to he able to do something." And
having Commissioners with spheres of influence:, as I think Commissioner Sanchez is going to
see as this race thing gets heated up -- to be able to speak with some degree of authority on
behalf of the Commission gives its a tremendous leverage in dealing, particularly, with the
private sector. So, when SUare7 came in in November of '97, the state of the affairs was this.
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Number one: We don't know, when to swear in Commissioners. There's a big debate over. "Do
Commissioners get sworn in when they are elected?" So, if you're elected without a run-off, are
you sworn in on the 24 hours after or are you sworn in after the tin -off? And let me tell you why
that was important. Because if Bert Hernandez could have been sworn in, arguably, Carollo, as
Mayor, would have been out of office during that week. Because, remember, there was five
seats and six people. I mean, five seats, but six elected officials. So, you had that two-week
window where you literally had a constitutional impasse, which the lawvcrs, in their rightful
way, tried to resolve. But Bert demanded to he sworn in the night after he was elected, and i
believe he was within his rights to do so. But if he had been sworn in, somebody would have
had to leave, because the Commission only provides for five Commissioners. That's one of the
Charter issues that need to be looked at. Suarez came in here and demanded, after this election,
that he wanted to be on MSEA, and that's where the discussion began. 1 said to Mayor Suarez.,
number one, if I were a Mayor, i would want to he Chairman of Off -Street Parking. If I were
going to change an ordinance, I would be where the money is. I would not be on the MSEA
Board. But at the time, there was a lot of discussions about Decoma, and the negotiations with
Heisinger, and those folks. That was the issue. It wasn't the basketball -- it wasn't building the
basketball. it was the fact that he owned Decoma, and lie was trying to negotiate some
settlement. They tried to negotiate a settlement for five years. So, you can imagine the only
person that wins, with all due respect to my dear profession and colleagues, are the lawyers,
when you get into that situation. So, Suarez insisted upon the ordinance being changed, that we
currently had. that allowed for one rnernher of the Mayor and Commission to he on MSEA,
because somebody was out. hi fact, the ordinance spoke of one member of the Commission,
because the Mayor was a Commissioner. And, so, we compromised in the discussions for two
weeks to accommodate the office of the Mayor, OK. What I want to be very clear is, there was -
- there is no right, either in the tradition of this City or, in fact, that the Mayor is even a member
of MSEA. in fact, the MSEA member has always been the Commissioner from the Grove,
which was Victor De Yurre, 1 think, for a while. When Mayor Carollo defeated -- who did lie
defeat to come on the Commission?
Commissioner Regalado: Victor De Yurre.
Commissioner Teele: When he defeated Victor De Yurre, he took the seat as Chairman of
MSEA in that same tradition. The tradition of this City has...
Commissioner Regalado: Yeah. But, Arthur, then, when the Mayor --
Commissioner Teele: Steve Clark was Mayor.
Commissioner Regalado: To, no.
Commissioner Tecle: No, no. Yes, sir. Steve Clark was Mayor when Carollo was elected.
Commissioner Regalado: Yes.
Commissioner Teele: And Carollo took Victor De Yurre's scat, or Steve Clark was going out as
Mayor. i mean, he eventually came in. But there was a period --
9 June 14, 2001
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Commissioner Regalado: No, no, no, no. It was in November '95 that Mayor Carollo became a
Commissioner by defeating Victor De Yurre. Then, in '90 --
Commissioner Teele: Who was the Mayor? Who was the Mayor?
Commissioner Regalado: Steve Clark.
Commissioner Teele: That's what I said.
Commissioner Regalado: Then, in '96, when --
Commissioner Teele: But the point -- just stop right there.
Commissioner Regalado: No, no.
Commissioner Teele: Stop right there. In '95 the Mayor of the City of Miami was Steve Clark.
Commissioner Regalado: Right.
Commissioner Teele: He was not on the MSEA Board.
Commissioner Regalado: No. Right.
Commissioner Teele: He never served on the MSEA Board. The Commissioner who served on
the MSEA Board was Victor De Yurre, and the successor to Victor De Yurre.
Commissioner Regalado: Right.
Commissioner Teele: OK. That's the point I want to make.
Commissioner Regalado: And then -- but then things changed when Commissioner Carollo
became Mayor --
Commissioner Teele: When Steve Clark died.
Commissioner Regalado: Group 4, which was the group that was --
Commissioner Teele: Third group.
Commissioner Regalado: -- supposed to be --no. It was supposed to be the Chairman of MSEA,
and it was vacated. I won that position in a special election, but the Mayor remained as
Chairman of MSEA at that time.
Commissioner Teele: Exactly.
nRtMr.
10 June 14,2001
Commissioner Regalado: Mayor Carollo.
Commissioner Teele: Carollo took the MSEA seat and, with him, lie took it into the office of the
Mayor.
Commissioner Regalado: Right.
Commissioner Teele: And that's the first time. And I'm -- what I'm trying to get Commissioner
Gort -- I mean, Commissioner San -- Commissioner Gort and Sanchez and Winton, in particular
Commissioner Winton, to understand that contrary to what is being said in the media and being
leaked in the discussions, is a power play. There has been no tradition. 'The idea of putting the
Mayor on the MSEA Board was an accommodation, after considerable debate -- and i did
everything I could from this dais to dissuade Suarez from wanting to go on the MSEA Board
because 1 felt that, in the situation of the financial emergency, the Mayor should be where the
money was, which was Off=Street Parking, which was not very well received obviously at Off
Street Parking. So, I wanted Commissioner Winton to have that history, and at least to have an
opportunity to peruse the discussion that went on. Now, in the context of why I think that it is
very important -- Commissioner Gort and Commissioner Winton, why I think it's important that
this compromise -- and this is a compromise -- the compromise could very well be to take the
Mavor off, if that were the power play. But the compromise is to allow -- it doesn't provide -- it
allows that any Commissioner who wants to serve on the MSEA Board may serve. Currently,
only one member of the Commission may serve on the MSEA Board, with the remainder getting
two appointments, and the MSEA Board chair -- designee getting one appointment. The
ordinance that is before us only provides for one thing. it provides for the option of any
Commissioner that may want to serve on the MSEA Board may serve on the MSEA Board. And
I want to explain why i think this is dramatically important. Number one. If we leave the
ordinance as it is, there is a rotation mandated in the ordinance, and the ordinance basically says
that "Any member who has not served oil the MSEA Board shall have preference." And, Mr.
Attorney, correct me if I'm wrong on this, does the ordinance not require f'or a rotation on the
MSEA Board?
Alejandro Vilarello (City Attomev): It simply requires that, for a Commissioner who has served
on the board to be reappointed, all others that have not yet served on the board need to decline to
serve, and when they decline, then they can serve again.
Commissioner Teele: Which means, of the five Commissioners here, the two that have served
under this are Commissioner Sanchez and Commissioner Winton. It would require then that
Commissioner Gort could choose to exercise his option to serve on the MSEA Board, if he
chooses to, after today's vote, or Commissioner Regalado can opt to serve on it or Commissioner
Teele. Three of us would have to decline before we could come back to Commissioner Winton.
Now, the MSEA Board is just one board of many that you serve as Chairman of. Obviously, the
International Trade Board, which I neglected, is, perhaps, I think, the most important board in the
history -- in the future of Miami, property done. And I -- one of the things that I want to instruct
the management to do, as a part of the new budget, is to make available in excess of a million
dollars ($1.000,000) for an activity for international trade. We spend over a million dollars
($1,000,000) a year oil Bayfront Trust. Let's be candid about it. If you go back and you look at
11 June 14, 2001
Bayfront Trust over the last 10 years, we have put over ten million dollars ($10,000,000) of'
general fund money, as compared to, say, the CRA (Community Redevelopment Agency), where
we have put less than two million dollars ($2,000,000) of general fund money in Bayfront Trust,
The Orange Bowl, another place we have buried millions of dollars and, yet, nobody lives there.
And it's a facility that I think we need to talk about how we can enhance. The one thing that i
think we can all agree on is that the future of this City and the future of this nation is in
technology. The NAP (Network Access Point) -- and we're crazy, as Commissioners, if we don't
make a serious commitment to the International Trade Board. We need to have Miami being the
most interconnected City as it relates to the businesses that arc here in Miami, and we need to
provide a server for them to be able to do business all over the world, and that needs to go
through the International Trade Board, as an example. So, what I'm saying is, that there's plenty
fur us to do, as Commissioners. There's no question that we've got Bayfront "Frust, we've bot the
Orange Bowl activity that's coming up, we've got the DDA. 1 am going to be proposing a
consideration for a third CRA, which will not be on the model that we have now, but there will
be one Commissioner, which will not be me, which, in my judgment, should be whoever's the
head of the DDA would chair, and using a DDA model to do that. There is more than enough for
us who make sit thousand dollars ($6,0011) a year to do without fighting over more
responsibilities.
Commissioner Winton: Excuse me. We only make five.
Commissioner Tecle: Five thousand dollars ($5,000) a year.
Commissioner Teele: The County makes six. So, the point that I'm making is this: Why do 1
think it's important and why am I taking so much time so that we can he deliberate about this?
The biggest thing that the City of Miami has failed to do, in my judgment -- and, Commissioner
Winton, you and I don't philosophically agree on this point, and 1 respect your point of view. 1
think, if we got down to a roll and scope, something they do in the Defense every 10 years -- if
we did a mission, and let's say we're not going to do anything -- they used to call it zero -based
budgeting. If we did a roll and scope and a mission of the City of Miami, the first thing I think
we can all agree is, we ought to have police, OK. That's the first thing we agree that the City
ought to be doing. The second thing, we'd probably argue about. 1 personally don't think that the
City ought to be providing fire service. Fin willing to not make it an issue, but I think -- 1 know
that the fire service can be provided 20 percent below the costs that we're providing it by
allowing for the Fire Board to -- that serves one point three million people -- to pick up the City
of Miami, but I'm not going to argue that point. Let's agree that we can serve -- that the second
mission would he to provide fire service. 'rhe third mission is to provide some form of
infrastructure support, parks, et cetera, et cetera. Do we do Solid Waste? In my judgment,
absolutely. Could somebody else argue we ought to privatize it? You bet. I'm going to fight to
do Solid Waste, if we did a mission study. Because, first of all, it's the only department that we
have where the people live in the City, substantially. Everybody else lives everywhere else. So,
the last thing we ought to do is cut off the heads of the City residents. But we could go there.
And from there, you know, we need to talk about the NET (Neighborhood Enhancement Team)
Offices, and those kind of things. But, then, when we start talking about all the ocher things that
we do, which, quite frankly, we spend all of' our time with 1TD (Information Technology
Department) and Purchasing; and Personnel and those thinks that don't even relate to the public.
12 June 14, 2001
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The thing that I think we need to be doing is making Miami Miami. Miami is one thing. Next -•
second to one City in the world, Miami has a trillion dollar (51,000,000.000,000) net worth, if
you could put a net worth on a name. A trillion dollars ($1,000,000,000,000). There's only one
City in the word that has a better net worth on a name than Miami, and it ain't New York. It's
Paris, in my judgment. Somebody could argue it. Whatever you watit to argue. Tokyo. Beijing,
whatever you want to argue. And I think the business of the City of Miami and the business of
this Commission should be the Orange Bowl Parade. I think we should be supporting those
things. Three Kings Parade, Calle Ocho, Roots and Culture, Martin Luther King, the Puerto
Rican Day Parade. the Columbian Day Parade. I'm prepared to argue it. Pm going to lose with
the Oversight Board, but I really believe that the one thing that the City of Miami has is the
magic to bring people here. And the best argument of that. Johnny, is, when Eastern and Pan
Am went under, the airport was open. American Airlines made the commitment to come to
Miami. United, which is the largest airline, made the commitment to go where? To Orlando.
They bet hundreds of millions of dollars that they could service the Caribbean and Latin America
from Orlando, because they had a venue. They had somewhere to go. But you know what
United underestimated? The human capital, the number of Hispanic Cuban and Spanish-
speaking people quid Portuguese -speaking people in this City. And people don't want to go just
to see Mickey Mouse. They want to he able to go to those little restaurants. They want to be
able to go get their gas -- their car filled up at a place that speaks the language that they use.
'they want to be able to walk down the street and speak to someone in the language that they use,
and feel at home. And I bclicvr that the thing we're doing worse, as a Commission, is the thing
that we do best in protecting the Oversight Board's right, and that is reducing the amount of
excitement, and fiut and thrills of Miami. And where can we best do that as a Commission'? At
MSEA. You see? We can't do that sitting here as a Commission. It's just like the role of the
CRA. We don't sit here as the CRA and do the redevelopment, because that's a restricted area. I
am going to be proposing that the entire budget for events -- and is the Budget Director here or -
what's the lady's name at ...
Carlos Gimcnez (City Manager): Ms. Haskin's here.
Vice Chairman Gorr Ms. Haskins.
Commissioner Teele: What's the lady's name at --
Mr. Gimenez: Ms. Haskins.
Commissioner Tecle: No, no. The lady at the Conventions, Recreation, Marinas.
Mr. Gimencz: Christina Abrams.
Commissioner ,recle: The lady with the best job in the City of Miami.
Mr. Gimcnez: Christina Abrams,
Commissioner Sanchez: Christina Abrams.
13 June 14, 2001
Commissioner Tecle: Christina Abrams. She has the best job in the City of Miami, bamng
none. We have an account that we transfer over there every year, as a part of the budget. Most
of us don't even know it. h's the account that just paid for the Mas Canosa, the opening of* the
Freedom Tower. We transferred about three hundred to four hundred thousand dollars
($400,000) a year. How much do we transfer over there to Ms. Abrams' office in that special
account? Ms. Abrams, could you come help us, with the Budget Director'?
Christina Abrams (Director, Public Facilities): Yes. Commissioner.
Commissioner Teele: Your name and address for the record. Your name and ,job title, so that
everybody in this City can start targeting you to get your job.
Nis. Abrams: Thank you. Thank you. Christine Abrams, Director of Conferences, Conventions,
and Public Facilities, at your service, sir.
Commissioner 'recce: How much money does the City Commission transfer to you all for
special events, to assist in lite cost of parades, and police protection, and fire protection, et cetera,
on an annual basis?
Ms. Abrams: It's not transferred in my department, but maybe Linda Haskins can explain where
that funding is actually --
Commissioner 'feele: It's in special accounts? ft's in the phantom budget -- it's in the phantom
department called the department of - the non -department -- department of nun -departmental
accounts? Would you ...
Linda Huskins: Linda Haskins. Director of Management and Budget. Yes, sir, it's in rton-
departmental accounts, three hundred thousand dollars ($300,000).
Commissioner Teele: And the reason that I'm saying this, Johnny, is that, as long as it's in non -
departmental accounts, it's a City function. We have to do it here. If we transfer that same
amount of money -- I'm going to try to add another three hundred thousand -- to MSEA, then
we're in a much better position, as MSEA -- and the role of MSEA is to promote the City, and I
think that's where --,just like the CRA has the Commission -- I think that's where we should have
a lot of these debates about Goombay Festivals. And I'm going to tell you something, Johnny.
This Goombay Festival thing and what we didn't do for Goombay is going to be a major issue -in
the campaign. You know why'.' Because everybody in the African-American community, not
just in the Grove, but throughout the City, is very upset about the failure of this City to support
the Goombay Festival this year. And you know who's getting criticized, first and foremost? Me.
You know who's getting criticized secondarily? You.
Commissioner Winton: I think I ought to be first.
Commissioner Teele: I mean, it ought to be you first. I agree. I agree. And, so, what I'm
saying, Johnny, is, if that money had --
14 June 14, 2001
U
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Commissioner Winton: in laet, those that are criticizing you, send them my way.
Commissioner Teele: Well -- Johnny, I'm only joking. I mean, I'm serious about it, but I'm
,joking. I do know that I met with one candidate for Mayor -- and just so that Carollo, who
watches this, it was not Maurice Ferrer. It was Manny Diaz. The only meeting that i've had with
Manny Diaz about the City of Miami was about why didn't we support Goomhay Festival. Why
didn't I support it, and what's up with that''
Commissioner Winton: Like i said, send him my way.
Commissioner Teele: I'll be happy to.
Commissioner Winton: You didn't -- and just so it goes on the record, Commissioner Teele bad
nothing to do with the lack of support for the Goombay Festival. Any issues relative to
Goombay and the City's support or lack thereof rests on my shoulders, not yours.
Commissioner Teele: And my position, Commissioner --
Commissioner Regalado: But if you would yield just -- but that's not the point. I mean, you
should not take the brunt of not helping an event. And I've been a proposer for the City to
support -- because I think that public relations is what we need to do for this City, and i really
appreciate that explanation, although long, that Commissioner Teele has -- because my motion
was based on a very simple thing. I mean, we did something to accommodate an elected official,
whoever it was. It doesn't have a name. But -- and I feel that it's unfair to deny the members of
this Commission the option.
Commissioner Winton: Well, do you mind if I --
Vice Chairman Gort: Gentlemen, let's try to keep in order. Are you finished, Commissioner
Teele?
Commissioner Teele: I want to regain the floor, and I'm through. The only reason that 1 am
bringing this up -- and I think it's important that there be a history of this, because we're asking a
Commissioner -- in particular, the vote was 4 to 1, OK. And if this vote is going to be
overridden, it's going to require the vote of at least Commissioner Johnny Winton. And what I'm
trying to do is to say to Commissioner Winton, in one sentence, the reason that i think this'is
important is that I think that the future mission of how this Commission functions in the
promoting of events is best done as a part of a body where all of the Commissioners have the
tight to sit in MSEA, which has as its state mandate and Charter mandate to promote this City,
and that the funds that we currently are using in the non -departmental account, as a part of the
October/September budget hearing, be transferred there, And, for that reason, 1 am respectfully
appealing to Commissioner Winton and to Commissioner Gort to override the veto, not on a
personality issue, but strictly on a policy matter, that the City will best be served by using MSEA
in a new way, as a forum for the promotion, and the vetting and the screening of activities that
we want to promote and support. And that would be my statement.
15 June 14, 2001
Vice Chairman Gort: Thant: you. Commissioner Winton.
Commissioner Winton: I started off with three points that 1 was going to make, because one was
about kind of the public sense of what we were doing, and 1 was worried a bit about the smell
test. And the smell test is, since we're looking at MSEA only to do this and not the other boards,
is there -- should we have a concern that the community at large is looking at tis, like "What are
you guys doing again`'" I think. Commissioner Teele, you've answered that So -- and 1 think
,you've done a very good job of answering that. Last two points. One, I don't mind if there -- 1
don't mind rotating off this board at all. I don't have -- I'm not bored. i have plenty of things to
do. So. if there's a desire to have me rotate off this hoard. I'm more than happy to do that. Third
pan is that, just so this isn't a personality thing, I don't care if Commissioners serve on every
single board that i serve on. That doesn't bother me in the least. As Vice Chairman of MSEA, if'
you all want to serve on the MSEA Board, frankly, I've got no problem with that. I think, if y'all
have the energy and the commitment, and want to make a contribution to that board, and you
want to help lead a debate within the MSEA Board itself, in terms of what the mission of that
organization ought to he, given the constraints of the enabling legislation, which I think we have
to go back and look at, then I've got zero, zero problem with that. l think that Commissioner
Tecie, in answer to the direct point about how we may potentially refocus some of MSEA's
energies. I think we do need to -- I think the dialogue's good. i think the debate will be good and
healthy, but I think- we also have to make sure that we bring some people to the table that can
help make sure that the Commission understands what we can do and can't do within MSEA,
what the enabling legislation allows us to do and not do, and I think we ought to invite the
appropriate experts to the table, at a subsequent Commission meeting, and go through that, so we
all have a clear understanding. Final point. I'm not going to vote in favor of overriding the
Mayor's veto. I understand his point. I'm sympathetic to his point. But, personally, I don't care
if all of you serve on the board, and, frankly, I don't care if you take me off the board. 1 could be
off a few boards and be a little happier. So, end of my comments.
Commissioner Sanchez: Mr. Chairman.'
Commissioner Teele: Well, I don't understand the point.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Because if you don't mind if we all serve, then you have to vote to
override. That's the only way we can serve.
Commissioner Winton: That's what 1 meant. I'm sorry. That's what I meant.
Commissioner Teele: Yeah.
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: Mr. Vice Chairman, I was that one vote, that "nay" vote on the issue,
and as the ordinance states clearly, now it provides for a rotation, giving every Commissioner an
opportunity to serve on that board. Currently, we have Commissioner Johnny Winton serving on
16 June 14, 2001
IIIIiPxI.
that board. Now. one ofthe concerns that 1 have is, we don't want to Politicize the process, and
by doing this un just this board, we might venture on into modifying other boards, such as the
ITB (International Trade Board) Board, such as the Bayfront Park Board, and that's a concern
that I had. So, on the record, I didn't support it. I'm not going to support it again. But I do want
to speak on something that Commissioner T'eele stated, to turning what would be funds over to
MSEA, to basically run all the events. I think that -- one thing that we've learned here is that we
could look at other cities throughout our country that have done very well in showing -- catering
to the need of all the communities through the arts and culture. i think that -- my suggestion
would be, or something that I would like to explore. is to create an Arts and Culture Committee,
which we have now, and let those individuals decide which events we're going to sponsor
through a grant process, where we would allocate "X" amount of funds. it would be done
through a grant process. and each year would be awarded to great organizations that really do
great events in our community. I mean, we go to the parades. Because I'll give you my persona;
view of when we get these big events that come in. The City has "X" amount of dollars allocated
to provide assistance for these parades or these cultural events that are good for our community,
but once they get in front of this Commission, it becomes political. Because if you come to my
district with a big event and i don't support you, it becomes a political process. So, if we deviate
that to an Arts Cultural Committee of professionals, people that are professionals in the arts, in
crafts and cultural events, through an art process, I think that would be a more fair process. So,
once again, I happen to he one that sat on MSEA. it continued -- I was glad to get off of it, to be
honest with you. But i am very glad of the people that are serving, under my appointments, to
MSEA. There are two individuals that I consider very involved in the community, and I believe
they do a good job. So, that is just my statement on the record. And, once again, i was the "nay"
vote, and I will continue to vote "nay" on the issue.
Vice Chairman Gort: Commissioner, I want you to understand something, which l think is very
important. 'This is the Miami Export and Exhibition --
Commissioner Winton: Sports and Exhibition.
Vice Chairman Gort: Sports anti Exhibition. My understanding, when this was first formed, I
was part of the group that put it together. And one of the reasons is, right now we have a
problem with the downtown hotels. Tiley are competing. They are getting some business from
the industry, the convention industry, but we have a problem. We need to expand the existing
facility that we have, because right now we can attract very few conventions. And let's face it,
that's what brings money, that's what bring tourism, and that was one pail that have never been
taken out by this board, and that's otic of the points of this board. It should he taken up,
especially when we're looking at the international business. Let's -- the expansion and the future
of the City of Miami depends on this international business. To do that, we have to make sure
that we have the facilities to do so, and that's what -- and I don't have any problem. Like 1 said,
I'm very happy with my two board ntcntbers. I just named a banker to go aboard to make sure
that we can look and see how we can expand within downtown and maybe in Coconut Grove, the
exhibition, so we can bring more conventions. That's what's going to make the money. So,
without further ado, let's remember that and to every (INAUDIBLE) and that instruction was
given to my board members, to please look into that. But I don't have any problem in the
17 June 14, 2001
•
Commissioner being able to select either himself or somebody else to serve. OK. No further
discussion?
Commissioner Teele: Call the roll.
Vice C.hainnan Gort: Roll call.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 01-545
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-
FIFTHS (4/5THS) AFFIRMATIVE VOTE OF ALL COMMISSIONERS
PRESENT, OVERRIDING THE MAYORAL VETO OF ORDINANCE NO.
12073, ADOPTED MAY 24, 2001, WHICH ORDINANCE AMENDED
CHAPTER 2, ARTICLE XI, DIVISION 6, SECTION 2-1013(3), 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 EX -OFFICIO VOTING
MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY
("MSEA").
(Herc follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gori
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Conunissioner Johnny L. Winton
NAYS: Commissioner Joe Sanchez
ABSENT: None.
Commissioner Teele: Mr. Attorney?
Vice Chairman Gort: Does anybody—
Mr.
nybody—Mr. Vilarello: Yes, sir.
Commissioner Teele: Would you state, for the record, what --
18 June 14, 2001
G. CONSENT AGENDA (See tl2).
Vice Chairman Gort: At this time, does any of the Conunission would like to pull any of dw
agenda items? Does anyone in the Commission would like to pull any agenda items? I had a
question on Item 6A. It was answered. Do I have a motion to pass the-ConsentAgenda?
Commissioner Teele: So moved, Mr. Chairman.
Commissioner Sanchez: Second, Mr. Chairman.
Vice Chairman Gort: It's been moved and second. Any discussion? Being none, all in favor
state by saying "aye."
The Commission (Collectively): Aye.
Note for the Record: CODE SEC. 2-33 (J) STIPULATES THAI' CONSENT AGENDA
ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION
CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR
AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY
COMMISSION,
THEREUPON, ON MOTION DULY MADE BY COMMISSIONER TEELE AND
SECONDED BY COMMISSIONER SANCHEZ, THE CONSENT AGENDA ITEMS WERF.
PASSED BY THE FOLLOWING VOTE:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
_110DINErs.
20 lune l4, 2001
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i
6.1 ACCEPT BID OF KOKOPELLI TRADERS, INC. FOR PROCUREMENT OF
FIREFIGHTER BADGES AND INSIGNIAS FOR DEPARTMENT OF FIRE -RESCUE,
$28,280.80.
RESOLU'T'ION NO. 0 1 -546
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF KOKOPELLI TRADERS, INC. FOR THE PROCUREMENT OF
FIREFIGHTER BADGES AND INSIGNIAS FOR THE DEPARTMENT OF
FIRE -RE SCUD, ON AN AS -NEEDED CONTRACT BASIS, FOR A PERIOD
OF ONE YEAR, WITH THF OPTION TO RENEW FOR TWO ADDITIONAL
ONE-YEAR PERIODS, 1N AN ANNUAL AMOUNT NOT TO F.XCFFD
$28,280.80. ALLOCATING FUNDS FROM ACCOUNT CODE NO.
001000.280601.6.075
6.2 ACCEPT BID OF MUNICIPAL EQUIPMENT FOR PROCUREMENT OF BOOTS,
GLOVES AND HELMETS FOR DEPARTMENT OF FIRE -RESCUE, $51,378.50.
RESOLUTION NO. 01-547
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF MUNICIPAL EQUIPMENT FOR THE PROCUREMENT OF
BOOTS, GLOVES AND HELMETS FOR THF DEPARTMENT OF FIRE -
RESCUE, ON AN AS -NEEDED CONTRACT BASIS, FOR A PERIOD OF
ONE YEAR. WITH THE OPTION TO RENEW FOR TWO ADDITIONAL
ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED
$51,378.50; ALLOCATING FUNDS FROM ACCOUNT CODE NO.
001000.280601.6.075
6.3 ACCEPT BID OF OK FEED STORE SOUTH, INC. FOR DOG FOOD FOR CANINE. IN
DEPARTMENT OF POLICE, $14,530.75 FOR FIRST YEAR OF CONTRACT, ALLOCATE
FUNDS FROM POLICE GENERAL OPERATING BUDGET.
RESOLUTION NO. 01-548
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF OK FEED STORE SOUTH, INC. FOR DOG FOOD FOR THE
CANINE IN THE DEPARTMENT OF POLICE, ON AN AS -NEEDED BASIS
FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR TWO
ADDITIONAL ONE-YEAR PERIODS. IN AN AMOUNT NOT TO EXCEED
$14,530.75 FOR THE FIRST YEAR OF THE CONTRACT, A 2% INCREASE
IN THE SECOND YEAR, AND A 4% INCREASE IN THE THIRD YEAR;
ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 001000 290201.6.710.
21 June 14, 2001
�I�I�34Ls�► -
6.4 ACCEPT BID OF METRO EXPRESS, INC. FOR PROJECT ENTITLED "CITYWIDE
j SIDEWALK REPLACEMENT PROJECT, PHASE XVIII, B4638" 5141,950.
RESOLUTION NO. 01-549
A RESOLUTION OF THE• MIAMI CITY COMMISSION ACCEPTING THE
BID OF METRO EXPRESS, INC. FOR THE PROJECT ENTITLED
"CITYWIDE SIDEWALK REPLACEMENT PROJECT, PHASE XVIII. 8-
4638" IN THE AMOUNT OF $141,950; ALLOCATING FUNDS FROM
CAPITAL IMPROVEMENT PROJECT NO. 341171, AS APPROPRIATED BY
THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT
PROJECTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF 5141,950
FOR THE CONTRACT COSTS AND 515,050 FOR EXPENSES, FOR AN
ESTIMATED COST OF $157,000; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPT ABLE
TO THE. CITY ATTORNEY, FOR SAID PURPOSE
6.5 ACCEPT BIDS OF MERCEDES ELECTRIC SUPPLY, SOUTH DADE ELECTRICAL SUPPLY,
INC., GRAYBAR ELECTRIC CO., INC„ GRAINGER INDUSTRIAL SUPPLY, AND PARAMOUNT
ELECTRIC DISTRIBUTOR, FOR PROVISION OF LAMPS AND BALLASTS PURSUANT TO BID
NO. 00-01-138, FOR PURCHASING DEPARTMENT TO BE UTILIZED CITYWIDE; ALLOCATE
FUNDS FROM GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS AND
AGENCIES.
RESOLUTION NO. 01-550
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE BIDS OF MERCEDES ELECTRIC
SUPPLY, SOUTH DADE ELECTRICAL SUPPLY, INC., GRAYBAR
ELECTRIC' CO., INC., GRAINGER INDUSTRIAL SUPPLY, AND
PARAMOUNT ELECTRIC DISTRIBUTOR, AS MORE PARTICULARLY
DESCRIBED IN THE ATTACHMENT, FOR THE PROCUREMENT OF
LAMPS AND BALLASTS FOR THE DEPARTMENT OF PURCHASING
TO BE USED BY VARIOUS CITY DEPARTMENTS, ON AN AS NEEDED
CONTRACT BASIS FOR A PERIOD OF ONE YEAR, WITH THE OPTION
TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS,
ALLOCATING FUNDS FROM EACH OF THE GENERAL OPERATING
BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AUTHORIZING
PURCHASES AS NEEDED, SUBJECT TO AVAILABILITY OF FUNDS.
22 June 14, 2001
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6.6 ACCEPT BID OF P.N.M. CORPORATION FOR PROJECT ENTITLED "DOWNTOWN
STORM SEWERS/IMPACT FEE, PHASE I, B-5631" FOR TOTAL ESTIMATED COSTS OF
$339,919. (SEE #2).
RESOLUTION NO. 01-551
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF P.N.M. CORPORATION FOR THE PROJECT ENTITLED
"DOWNTOWN STORM SEWERS/IMPACT FEE, PHASE I, B-5631" IN
THE AMOUNT OF $296,746.80; ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECT NO. 352291 AS APPROPRIATED BY THE
ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS
ORDINANCES, AS AMENDED, IN THE AMOUNT OF $296,746.80 FOR
THE CONTRACT COSTS, AND $43,172.20 FOR EXPENSES, FOR
TOTAL. ESTIMATED COSTS OF $339,919; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
6.7 ACCEPT BIDS OF BOB'S BARRICADES, INC. AND ALL AMERICAN BARRICADES CORP.
FOR ACQUISITION OF BARRICADE RENTAL SERVICES FOR DEPARTMENT OF POLICE,
525,000; ALLOCATE FUNDS FROM POLICE GENERAL OPERATING BUDGET.
RESOLUTION NO. 01-552
A RESOLUTION OF THE :MIAMI CITY COMMISSION ACCEPTING THE
BIDS OF BOB'S BARRICADES, INC. AND ALL AMERICAN
BARRICADES CORP. FOR THE ACQUISITION OF BARRICADE RENTAL
SERVICES FOR THE DEPARTMENT OF POLICE, ON AN AS NEEDED
CONTRACT BASIS FOR ONE YEAR, WITH THE OPTION TO RENEW FOR
TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL. AMOUNT
NOT TO EXCEED $25,000; ALLOCATING FUNDS FROM THE POLICE
GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
001 000.290201.6.610
23 June 14, 2001
IIIIl��• -
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6.8 ACCEPT BIDS OF MARDEL PHOTO SUPPLY AND PITMAN PHOTO, INC. FOR
PROCUREMENT OF PHOTOGRAPHIC SUPPLIES FOR DEPARTMENT OF
PURCHASING FOR USE BY VARIOUS CITY DEPARTMENTS; ALLOCATE FUNDS
FROM GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS.
RESOLUTION NO. 0 1 -553
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BIDS OF MARDEL PHOTO SUPPLY, AND PITMAN PHOTO, INC. FOR
THE PROCUREMENT OF PHOTOGRAPHIC SUPPLIES FOR THE
DEPARTMENT OF PURCHASING FOR USE BY VARIOUS CITY
DEPARTMENTS, ON AN AS -NEEDED CONTRACT BASIS FOR ONE
YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-
YEAR PERIODS; ALLOCATING FUNDS FROM EACH OF THE GENERAI.
OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS,
AUTHORIZING PURCHASES AS NEEDED, SUBJECT TO AVAILABILITY
OF FUNDS.
6.9 APPROVE PROCUREMENT OF HAND-HELD TOOLS AND HAND-HELD POWER
TOOLS FROM VARIOUS VENDORS FOR DEPARTMENT OF PURCHASING, TO BE
USED BY VARIOUS CITY DEPARTMENTS, UNDER EXISTING STATE OF FLORIDA
CONTRACT NO. 445-001-99-1; ALLOCATE FUNDS FROM GENERAL OPERATING
BUDGETS OF VARIOUS USER DEPARTMENTS.
RESOLUTION NO. 01-554
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
PROCUREMENT OF HAND-HELD TOOLS AND HAND-HELD POWER
TOOLS FROM VARIOUS VENDORS FOR THE DEPARTMENT OF
PURCHASING, TO BE USED BY VARIOUS CITY DEPARTMENTS, ON AN
AS -NEEDED CONTRACT BASIS, UNDER EXISTING STATE OF FLORIDA
CONTRACT NO. 445-001-99-1, EFFECTIVE THROUGH APRII. 23, 2002,
AND ANY EXTENSIONS; ALLOCATING FUNDS FROM EACH OF THE
GENERAI. OPERATING BUDGETS OF THE VARIOUS USER
DEPARTMENTS, AUTHORIZING PURCHASES AS NEEDED, SUBJECT TO
AVAILABILITY OF FUNDS.
24 June 14, 2001
II1I1itiLiil
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6.10 APPROVE ACQUISITION AND INSTALLATION OF CARPETING AND RELATED
FLOOR ITEMS FROM VARIOUS VENDORS FOR DEPARTMENT OF PURCHASING TO
BE USED BY VARIOUS CITY DEPARTMENTS, UNDER EXISTING MIAMI -DARE
COUNTY CONTRACT NO. 5591-2/01-2; ALLOCATE FUNDS FROM GENERAL
OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS.
RESOLUTION NO. 0l -555
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
ACQUISITION AND INSTALLATION OF CARPETING AND RELATED
FLOOR ITEMS FROM VARIOUS VENDORS FOR THE DEPARTMENT
OF PURCHASING TO BE USED BI' VARIOUS CITY DEPARTMENTS ON
AN AS -NEEDED CONTRACT BASIS, UNDER EXISTING MIAMI-DADE
COUNTY CONTRACT NO. 5591-2/01-2, EFFECTIVE: THROUGH MARCH
31, 2002. AND ANN' EXTENSIONS; ALLOCATING FUNDS FROM EACH
OF THE GENERAL OPERATING BUDGETS OF THE VARIOUS USER
DEPARTMENTS, AUTHORIZING PURCHASES AS NEEDED, SUBJECT TO
AVAILABILITY OF FUNDS.
6.11 AUTHORIZE ALLOCATION OF FUNDS FROM LAW ENFORCEMENT TRUST
FUND FOR ACQUISITION OF CELLULAR TELEPHONE SERVICES FOR DEPARTMENT
OF POLICE, $85,000; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO. 01-556
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE ALLOCATION OF FUNDS FROM THE LAW ENFORCEMENT
TRUS'C FUND FOR THE ACQUISITION OF CELLULAR TELEPHONE
SERVICES FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT
TO EXCEED $85,000; ALLOCATING FUNDS FROM THE LAW
ENFORCEMENT TRUST FUND PROJECT NO. 690003, SUCH
EXPENDITURE HAVi\G BEEN APPROVED BY THE CHIEF OF POLICE
AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S
"GUIDE TO EQUITABLE SNARING."
25 June 14, 2001
Somm
6.12 AUTHORIZE $4,513,945 IN APPLICATIONS FOR SPECIFIED/PER
CAPITAL/INTEREST PROJECTS TO MIAMI-DARE COUNTY FOR SAFE
NEIGHBORHOOD PARKS BOND PROGRAM, BOND SERIES 2001, YEAR FOUR
FI INDING.
RESOLUTION NO. 01-557
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE AMOUNT OF $4,513.945 IN APPLICATIONS FOR SPECIFIED/PER
CAPITA/INTEREST PROJECTS TO MIAMI-DADE COUNTY AS
DESIGNATED HEREIN FOR THE SAFE NEIGHBORHOOD PARKS
BONI) PROGRAM. BOND SERIES 2001, YEAR FOUR FUNDING;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR ACCEPTANCE OF THE GRANTS; AND AUTHORIZING,
PURSUANT TO THE PROVISIONS OF THE SAFE NEIGHBORHOOD
PARKS ORDINANCE, THE PAYMENT OF (1) SUPPLEMENTAL FUNDS
REQUIRED TO COMPLETE SAID PROJECTS IF THE COSTS OF SAID
PROJECTS EXCEED THE GRANT ALLOCATION, AND (2) FUNDS TO
OPERATE, MAINTAIN AND PROVIDE PROGRAMMING AT EACH
PROJECT UPON ITS COMPLETION.
26 June 14, 2001
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0.13 ACCEPT RECOMMENDATION OF CITY MANAGER TO APPROVE FINDINGS OF
EVALUATION COMMITTEE, PURSUANT TO REQUEST PROPOSALS NO, 00-01-113, THAT
E MOST QUALIFIED FIRM TO PROVIDE DRUG SCREENING SERVICES IS INTEGRATED
REGIONAL LABORATORIES FOR PROVISION OF DRUG SCREENING SERVICES FOR
DEPARTMENT OF HUMAN RESOURCES, $67,000 DURING FIRST TWO YEARS; ALLOCATE
FUNDS FROM GENERAL OPERATING BUDGETS OF DEPARTMENT OF HUMAN RESOURCES,
POLICE, AND FIRE -RESCUE.
RESOLUTION NO. 01-558
A RESOLUTION OF THE MIAMI CITY COMMISSION' ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE
FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO
REQUEST PROPOSALS NO. 00-01-113, THATTHE MOST QUALIFIED
FIRM TO PROVIDE DRUG SCREENING SERVICES IS INTEGRATED
REGIONAL LABORATORIES FOR THE PROVISION OF DRUG
SCREENING SERVICES FOR THE DEPARTMENT OF HUMAN
RESOURCES ON A CONTRACT BASIS FOR A PERIOD OF TWO YEARS,
WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR
PERIODS, IN AN ANNUAL. AMOUNT NOT TO EXCEED $67,000 DURING
EACH OF THE FIRST TWO YEARS, AND PROVIDING FOR AN INCREASE
NOT TO EXCEED 10°,u 1N THE THIRD YEAR, EFFECTIVE THROUGH THE
END OF THE CONTRACT PERIOD, SUBJECT TO NEGOTIATION;
ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGETS OF
THE DEPARTMENT OF HUMAN RESOURCES, ACCOUNT CODE NO.
001000.270101.6.260, POLICE. ACCOUNT CODE NO. 001000.290201.6.260,
AND FIRE -RESCUE, ACCOUNT CODE NO. 001000.280401.6.260;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT,
IN A FORM ACCEPTABLE TO THE. CITY ATTORNEY, WITH
INTEGRATED REGIONAL LABORATORIES.
27 June 14, 2001
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6.14 APPROVE PROCUREMENT OF OFFICE FURNITURE FROM VARIOUS VENDORS
FOR DEPARTMENT OF PURCHASING TO BE USED BY VARIOUS CITY
DEPARTMENTS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 425-001-01-
1; ALLOCATE FUNDS FROM GENERAL OPERATING BUDGETS OF VARIOUS USER
DEPARTMENTS.
RESOLUTION NO, 01-559
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
PROCUREMENT OF OFFICE FURNITURE FROM VARIOUS
VENDORS FOR THE DEPARTMENT OF PURCHASING TO BE USED BY
VARIOUS CITY DEPARTMENTS ON AN AS -NEEDED CONTRACT BASIS,
TINDER EXISTING STATE OF FLORIDA CONTRACT NO. 425-001-01-1,
EFFECTIVE THROUGH MARCH 31, 2004, AND ANY EXTENSIONS;
ALLOCATING FUNDS FROM EACH OF THE GENERAL OPERATING
BUDGETS OF THE VARIOUS USER DEPARTMENTS, AUTHORIZING
PURCHASES AS NEEDED, SUBJECT TO AVAILABILITY OF FUNDS.
28 June 14, 2001
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6.15 AMEND RESOLUTION NO. 99-708, WHICH AUTHORIZED MANAGER TO
NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES AGREEMENTS BETWEEN
CITY AND VARIOUS FIRMS TO PROVIDE PROFESSIONAL AND TECHNICAL
SERVICES FOR: LAND SURVEYING AND MAPPING; ARCHITECTURAL -
ENGINEERING, ENVIRONMENTAL, STRUCTURAL, MECHANICAL, AND
CONSTRUCTION MANAGEMENT ENGINEERING FOR VARIOUS CITY PROJECTS,
CHANGING TERM FOR EACH AGREEMENT FROM TWO YEARS TO THREE YEARS
ENDING YEAR 2002, AND INCREASE TOTAL COMPENSATION FOR SERVICES.
RESOLUTION NO. 01-560
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENTS TO PROFESSIONAL
SERVICES AGREEMENTS (AUTHORIZED PURSUANT TO RESOLUTION
NO. 99-708), IN A FORM ACCEPTABLE TO THF CITY ATTORNEY, TO
EXTEND THI? TERMS OF THE AGREEMENTS FROM TWO YEARS TO
THREE YEARS FOR THE FOLLOWING SERVICES FOR VARIOUS CITY
PROJECTS: (A) LAND SURVEYING AND MAPPING, (B) LANDSCAPE
ARCHITECTURAL, (C) ARCHITECTURAL -ENGINEERING, (D)
MISCELLANEOUS ARCHITECTURAL AND ENGINEERING, (E)
ENVIRONMENTAL, (F) STRUCTURAL, (G) MECHANICAL, AND (H)
CONSTRUCTION MANAGEMENT ENGINEERING; FURTHER
AUTHORIZING INCREASES IN THE TOTAL COMPENSATION TO BE
PAID FOR EACH OF THE FOLLOWING DISCQ'LINES, AS AUTHORIZED
BY "ATTACHMENT A" TO RESOLUTION NO. 99-708, AS FOLLOWS: (A)
LANDSCAPE ARCHITECTURAL SERVICES, FROM S200,000 TO $400,000;
(B) GENERAL ENGINEERING SERVICES, FROM $500,000 TO $700,000;
(C) ENVIRONMENTAL ENGINEERS SERVICES, FROM $400,000 TO
$600,000; AND (D) CONSTRUCTION MANAGEMENT ENGINEERING
SERVICES, FROM S200,000 1.0 $400,000; ALLOCATING FUNDS AS
REQUIRED FOR SAID INCREASES FROM THE FUNDS DESIGNATED AS
EXPENSES FOR EACH PROJECT.
29 June 14, 2001
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G.16 ACKNOWLEDGES TRANSFER OF OWNERSHIP FROM ATLANTIS
ENVIRONMENTAL SYSTEM CORPORATION TO GREAT SPRINGS WATER OF
AMERICA, APPROVED BY MIAMI -DAD£ COUNTY FOR MIAMI-DADE COUNTY
CONTRACT NO. 6461-2/05; AMEND RESOLUTION NO. 00-978 TO REFLECT THAT
GREAT SPRINGS SHALL BE PROVIDER OF COFFEE SERVICES FOR CITY-WIDE USE,
EFFECTIVE AS OF JANUARY 5, 2001.
RESOLUTION NO. 01-561
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACKNOWLEDGING THE TRANSFER OF OWNERSHIP FROM
ATLANTIS ENVIRONMENTAL SYSTEM CORPORATION TO GREAT
SPRINGS WATER OF AMERICA ("GREAT SPRINGS"), APPROVED BY
MIAMI-DADE COUNTY FOR MIAMI-DADE COUNTY CONTRACT NO.
6401-2%05; FURTHER AMENDING RESOLUTION NO. 00-878 TO
REFLECT' THAT GREAT SPRINGS SHALL RE THE PROVIDER OF
COFFEE SERVICES FOR CITY-WIDE USE, EFFECTIVE AS OF
JANUARYS, 2001.
6.17 AMEND RESOLUTION NO. 99-100, FOR PURCHASE OF COMPUTERS, SERVERS,
SOFTWARE, RELATED EQUIPMENT AND SERVICES, AND INTERNET, FROM
VARIOUS VENDORS, UNDER SNAPS AGREEMENTS, TO REFLECT ADDITIONAL
CONTRACTS ISSUED BY STATE OF FLORIDA TO PURCHASE SERVICES AND
SOFTWARE FROM IMMEDIENT CORP. UNDER SNAPS AGREEMENT NO. 9912265-1,
AND IDAS UNDER SNAPS AGREEMENT NO. 2521878-2, AND 8731877-2.
RESOi_UTION NO. 01-562
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 99-100, ADOPTED FEBRUARY 9, 1999, FOR THE
ACQUISITION OF COMPI B'I'ERS, SERVERS, SOFTWARE, RELATED
EQUIPMENT AND SERVICES, AND INTERNET, FROM VARIOUS
VENDORS TO INCLUDE ADDITIONAL VENDORS ANTD AGREEMENTS
ISSUL-D BY THE STATE OF FLORIDA.
30 June 14, 2001
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6.18 AUTHORIZE MANAGER TO EXECUTE MANAGEMENT AGREEMENT WITH
STATE OF FLORIDA TO AUTHORIZE CITY'S MANAGEMENT OF CERTAIN
SUBMERGED SOVEREIGN LANDS LOCATED ADJACENT TO 2600 SOUTH
RAYSHORE DRIVE, FOR PUBLIC PURPOSES, SET FORTH A MANAGEMENT PLAN.
RESOLUTION NO. 01-563
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO EXECUTE A MANAGEMENT
AGREEMENT, IN A FORM ACCEPTABLE TO THF CITY ATTORNEY,
WITH THE STA'L'E OF FLORIDA TO AUTHORIZE THE CITY'S
MANAGEMENT OF CERTAIN SUBMERGED SOVEREIGN LANDS
LOCATED ADJACENT TO 2600 SOUTH BAYSHORF DRIVE, MIAMI,
FLORIDA, AS MORE. PARTICULARLY DESCRIBED IN "EXHIBIT A"
ATTACHED AND INCORPORA'T'ED, FOR PUBLIC PUTRPOSES. SETTING;
FORTH A MANAGEMENT PLAN. ATTACHED AS "EXIIIAIT R".
6.19 AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 1 TO MANAGEMENT
AGREEMENT WITH SHAKE -A -LEG MIAMI, INC. FOR MANAGEMENT OF PROPERTY
LOCATED AT 2600 SOUTH 13AYSHORE DRIVE FOR PURPOSES OF INCREASING
CITY'S CONTRIBUTION FROM $298,000 TO $498,000, FOR CONSTRUCTION OF
INITIAL IMPROVEMENTS AT VIRRICK GYM.
RESOLUTION NO. 0 1 -56 3
A RESOLUTION OF THE MIAi%.Il CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO EXECUTE. AMENDMENT NO. i TO THE
MANAGEMENT AGREEMENT DATED JULY 12, 2000, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SHAKE -A -LEG MIAMI,
INC. ("SAL") FOR THE MANAGEMENT OF THE PROPERTY
LOCATED AT 2600 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA,
FOR PURPOSES OF INCREASING THE CITY'S CONTRIBUTION IN
THE AMOUNT OF $200,000, FROM $298,000 TO $498,000, FOR
CONSTRUCTION OF THE INITIAL. IMPROVEMENTS AT VIRRICK
GYM, AS DEFINED IN THE MANAGEMENT AGREEMENT; FURTHER
AUTHORMLING '11* CITY NIANAGER TO EXECUTE A DEVELOPMENT
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH SAL TO TRANSFER RESPONSIBILITY FOR OVERSEEING
CONSTRUCTION OF THE INITIAL. IMPROVEMENTS TO SAI.;
ALLOCATING FUNDS FROM SAFE NEIGHBORHOOD PARKS BOND
FUNDS,
31 June 14, 2001
6.20 AUTHORIZE MANAGER TO EXECUTE JOINT PARTICIPATION AGREEMENT
BETWEEN CITY AND FLORIDA DEPARTMENT OF TRANSPORTATION FOR
LANDSCAPING AND MAINTENANCE OF MEDIANS ON SR 5 (BRICKELL AVENUE)
FROM SE ST" STREET TO SE 25T" ROAD; MANAGER TO ACCEPT $30,000 FROM
FLORIDA DEPARTMENT OF TRANSPORTATION UPON INSPECTION OF 30% OF
WORK COMPLETION.
RESOLUTION NO. 01-565
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHNiENT(S), ALITHORIZTNG THE CITY MANAGER TO ACCEPT
FUNDS, IN THE AMOUNT OF $30,000, FROM THE FLORIDA
DEPARTMENT OF TRANSPORTATION ("FDOT") FOR LANDSCAPING
AND MAINTENANCE OF THE MEDIANS ON STATE ROAD 5 (BRICKELL
AVENUE) FROM SOUTHEAST51'1 STREET TO SOUTHEAST 25T►i ROAD.
MIAMI, FLORIDA, SAID FUNDS TO BE RECEIVED UPON COMPLETION
OF 300. "l OF THE WORK AND SUBSEQUENT INSPECTION BY FDOT,
AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT
PARTICIPATION AGREEMENT BETWEEN THE CITY OF MIAMI AND
T14F FLORIDA DEPARTMENT OF TRANSPORTATION, FOR SAID
PURPOSE; AND FUIZTHER DIRECTING THE TRANSMITTAL OF A COPY
OF THIS RESOLUTION TO THE FDOT.
6.21 AUTHORIZE MANAGER T'O ACCEPT PROPOSALS FROM DESIGNATED THREE
TOWN PLANNING AND URBAN DESIGN CONSULTANTS AND TO PROCURE SUCH
ADDITIONAL SERVICES AS MAY BE REQUIRED TO PROVIDE DESIGN SERVICES
FOR VARIOUS CITY PROJECTS, TOTAL OF $150,000; ALLOCATE FUNDS FROM
CAPITAL IMPROVEMENT PROGRAM, ENTITLED: "DEVELOPMENT PROJECT
CONSULTANTS.
RESOLUTION NO. 566
A RESOLU'T'ION OF THF MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO ACCEPT PROPOSALS FROM DOVER, KOHL AND
PARTNERS, DL'ANY PLATER-T_YBrRK AND COMPANY AND
HELLMUTH, OBATA AND KASSABAUM, INC. (COLLECTIVELY
"PROPOSERS"). TO PROVIDF DESIGN SERVICES FOR VARIOUS CITY
PROJECTS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE PROFESSIONAL SERVICES AGREEMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE PROPOSERS, IN AN
AMOUNT NOT TO EXCEED $50,000 I.OR EACH PROPOSER, FOR A
TOTAL .AGGREGATE AMOUNT OF $150,000 PLUS RELATED EXPENSES;
ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO.
344102, ENTITLED "DEVELOPMENT PROJECT CONSULTANTS."
32 June 14, 2001
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6.22 APPROVE ACQUISITION OF MASS STORAGE HARDWARE, ASSOCIATED
SOFTWARE AND PERIPHERALS, INSTALLATION SERVICES AND MAINTENANCE
SERVICES FROM VARIOUS VENDORS, UNDER EXISTING STATE OF FLORIDA
CONTRACT NO. 250-040-99-1, AND 250-050-97-1, FOR DEPARTMENT OF
INFORMATION TFCHNOLOGY, $720,000.
RESOLUTION NO. 01-567
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
ACQUISITION OF MASS STORAGE HARDWARE, ASSOCIATED
SOFTWARE AND PERIPHERALS, INSTALLATION AND
MAINTENANCE SERVICES FROM VARIOUS VENDORS, UNDER
EXISTING STATE OF FLORIDA CONTRACT NOS. 250-040-99-1,
EFFECTIVE UNTIL JUNE 30, 2001, AND 250-050-97-1, EFFECTIVE:
UNTIL OCTOBER 31. 2001, AND ANY EXTENSIONS, IN AN AMOUNT
NOT TO EXCEED $720,000; ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECT NOS. 311603 AND 311610, AS APPROPRIATED
BY THE ANNUAL_ APPROPRIATIONS AND CAPITAL IMPROVEMENT
PROJECTS ORDINANCES, AS AMENDED.
6.23 AUTHORIZE ACQUISITION OF INTEGRATED FINANCIALS AND HR MODEL
DECISION DRIVER METHODOLOGY AND TOOLS FROM, GARTNER GROUP,
UTILIZING EXISTING STATE OF FLORIDA CONTRACT NO. 973-501-97-1, FOR
DEPARTMENT OF INFORMATION TECHNOLOGY, $25,000.
RESOLUTION NO. 0 1 -568
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
ACQUISITION OF THE INTEGRATED FINANCIALS AND HUMAN
RESOURCES MODEL DECISION DRIVER METHODOLOGY AND
TOOLS FROM THE GARTNER GROUP FOR THE DEPARTMENT OF
INFORMATION TECHNOLOGY, UNDER EXISTING STATE OF FLORIDA
CONTRACT NO, 973-501-97-1, EFFECTIVE. THROUGH MAV 31, 2003,
AND ANN' EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $25,000;
ALLOCATING FUNDS FROM THE GENERAL FUND, ACCOUNT CODE
001000.460101.6.270
33 June 14, 2001
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6.24 INCREASE CONTRACT WITH UNISYS CORPORATION FOR PROCUREMENT OF
NETWORK BACKBONE MAINTENANCE SERVICES, FOR DEPARTMENT OF
INFORMATION TECHNOLOGY, FROM $330,073 TO $450,073 ANNUALLY; ALLOCATE
FUNDS FROM INFORMATION TECHNOLOGY GENERAL FUND.
RESOLUTION NO. 01-569
A RESOLUTION OF THE MIAMI CITY COMMISSION INCREASING THE
CONTRACT WITH UNISYS CORPORATION FOR THE
PROCUREMENT OF NETWORK BACKBONE MAINTENANCE
SERVICES FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY,
IN AN AMOUNT NOT TO EXCEED $120,000, FROM $330,073 TO
$450,073 ANNUALLY. ALLOCATING FUNDS FROM THE INFORMATION
TECHNOLOGY GENERAL FUND, ACCOUNT CODE NO.
001000.460101.6.670.
6.25 AUTHORIZE MANAGER TO INCREASE CONTRACT AMOUNT BY FROM $25,000
TO 540,000 WITH MUNICIPAL CODE CORPORATION FOR PROVISION OF
CONSULTING SERVICES FOR CITY'S CHARTER REVIEW COMMITTEE,
RESOLUTION NO. 01-570
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN
INCREASE IN THE CONTRACT WITH MUNICIPAL CODE
CORPORATION TO PROVIDE TECHNICAL CONSULTING SERVICES TO
THE CITY OF MIAMI CHARTER REVIEW AND REFORM COMMITTEE,
IN AN AMOUNT NOT TO EXCEED S15,000, FROM $25,000 TO $40,000;
ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT.
34 June 14, 2001
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6.26 AUTHORIZE MANAGER TO NEGOTIATE AND EXECUTE AMENDMENT TO
CONTRACT FOR CONTINUING SERVICES WITH ARTHUR ANDERSEN BUSINESS
CONSULTING FOR PURPOSE OF FACILITATING IDENTIFICATION AND
IMPLEMENTATION OF FINANCIAL SYSTEM, PAYROI VHUMAN RESOURCES
SYSTEM, AND LEGISLATIVE DOCUMENT MANAGEMENT SYSTEM, $800,000;
ALLOCATE FUNDS FROM BLUE RIBBON INITIATIVE FUNDS.
RESOLUTION NO. 0 1 -571
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH ARTHUR ANDERSEN LLP TO CONTINUE PROFESSIONAL
SERVICES TO FACILITATE THE IDENTIFICATION AND
IMPLEMENTATION OF FINANCIAL, HUMAN RESOURCES/PAYROLL,
AND LEGISLATIVE DOCUMENT MANAGEMENT SYSTEMS;
ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $800,000,
FROM THE BLUE RIBBON INITIATIVE FUNDS FOR SAID SERVICES.
35 June 14, 2001
7. STIPULATE THAT CURRENT FENCE AT BLANCHE PARK SHALL NOT BE MOVED
'AND APPROVE RECOMMENDATIONS OF ADMINISTRATION.
Vice Chairman Gort: Thank you. I have one item, which is the Commissioners' item. I have --
►o place -- discussion item, the naming of the street, Eli�.abeth Street from Grand Avenue to
Thomas Avenue, in memory of Hughlin "Duke" Brown.
Commissioner Winton. Excuse me. Ver. Chairman --
Vice Chainnan Gon: Yes, sir.
Commissioner Winton: -- do you mind? We have a lot of folks here on one issue, which is
agenda item number 5. Do you mind it' we go to that item and then come back to the
Commissioners' agenda'?
Vice Chairman Gort: OK. is it OK with the --?
Commissioner Teele: So moved.
Vice Chairman Gort: OK.
Carlos Gimenez (City Manager): Mr. Chairman?
Vice Chairman Gort: Call item 5.
Mr. Gimenez: We received a letter from the people that wanted to make that appearance, saying
that they wanted to sign up for (INAUDIBLE). I would like to put on the record that the people
that requested that appearance asked that it be deferred.
Commissioner Tecic: Be deferred?
Vice Chairman Gort: OK.
Commissioner Winton: Yes. And may I speak, please? The folks who put this -- asked for this
public appearance -- this is about Dog Park, just so you know. And the folks that asked for the
public appearance: have asked for -- this being the third public appearance they've asked for
scheduled a meeting. At the last minute, cancelled the meeting. And we have, as you can see, a
lot of residents here who feel very strongly about this issue, and this is in my district. I don't
want to defer that item any longer. I want to -- I'm tired of dealing with this. This shouldn't be
taking any ormy time. It's taking tons of my time. I want this issue put to bed once and for all.
So. I do not want to defer this item. I want to get final solution.
(APPLAUSE)
Commissioner Winton: So, we want to hear the agenda item.
36 June 14, 2001
Commissioner Sanchez: All right.
Commissioner Regalado: So, what are you doing then? I'm sorry.
Frank Rollason (Director, Building & Zoning): You want to hear it now or in order of the
agenda?
Commissioner Winton: Yes. 1 want to go -- 1 want to put the issue on the table so that it's before
us. We're going to make our decision in my district, and then we're not going to hear about Dog
Park again.
Commissioner Teele: All right.
Commissioner Rcgalado: OK. Go ahead.
Commissioner Winton: Mr. Assistant City Manager, would you mind -- because I think we can
get through this relatively quickly. 1 think you have some recommended minor modifications
that you would like to make to the park. So, would you please outline the modifications that you
would like to make and the rationale behind those, please?
Mr. Rollason: Good morning, Commissioners. This is Frank Rollason, Assistant City Manager
for operations. We have a list of a few items that we have been talking about to do and would
like to try to move forward with those. First one is, we're going; to take clown the big Ficus tree
that's on the kid's side of the park. It's rotting and it's going to fall over, and we've had it
evaluated. And the Tree Man Trust has looked at it, and they agree it has to come out, and we're
going to replace that with a couple of hardwood trees, as big as we can get in there, Oaks or
something of that sort. We're going; to add some additional playground equipment for the
children, and the Director of Parks, Mr. Ruder, has a pamphlet with him on the things that --
some of the people that have met with him have picked out a couple of playground items and
we're going to pursue those. We're going; to -- we want to continue the three-foot fence around
the children's park, the same that's around the dog; portion of the park, with a self-closing and
latching gate so that when the children are in there, the small ones with the parents, that they
can't run out into the street. I figure they'd need the same protection that the dogs get. 'Then
we're going to raise the height of the fence between the dog; park and the kid park from three feet
to four feet. We feel that the three-foot is riot adequate for the protection from dogs coming;
over. We're going to raise that to four feet, still with a plastic coated fence, and then install ,a
hedge on the dog side of the park running along that fence. It will put a little buffer between the
fence and the dogs. And the other thing we want to do is change the chain link fence. It's on the
irrigation fencing, it's galvanized right now. Make it plastic coal, so it looks like the rest of it.
Commissioner Winton: And, so that I understand, there's no -- we are not moving the fence?
Mr. Rollason: It is not our recommendation to move the fence that divides the park, at this point.
Commissioner Winton: And, Mr. Commissioners, let me just briefly -- because I don't want to
take a lot of your time on this issue. This park called -- now referred to as Doggy Park -- is in
37 June 14, 2001
the Grove. It's near Center Grove. When 1 was running for public office, I met with a lot of the
residents of the Center Grove., and they had done something that I really commended them on
back then. They had taken a park -- that's a City of Miami park that had been neglected for years
and years and years and years. It was a total mess. A complete disgrace -- and the community
adopted the park. What came out of that adoption was a concept to create a doggy park because
within that area, even though there are kids in the neighborhood, a lot of these people also have
dogs. And they're taxpayers in the City of Miami and they wanted some place where they could
go in peace without being in the traffic and walk their dogs and meet people, and it's kind of a
social scene, and one of those great assets that we've brought to our community. So, they adopted
the park. They created the Dog Park concept. After the concept is created, we have a few
"Johnny come latelies" -- 1'nt a Johnny and - "Johnny conic lately." 1 guess that's just an old
term, you know. We have a few "Johnny conte latelies" that show up and decide that they don't
want a doggy park. They want this thing to he a children's park. Now, mind you, we already
have a part of the park designated fbr kids. They decided, after we've done all the work, after the
citizens have done all the work, that they want to change the entire design of the park. And 1
said right from the very beginning, very clearly. to staff and to the media -- I was very clear,
right from the beginning, that 1 don't want to do anything different than the community decided
we want to do in that park, end of story. But the group that wanted to change the design of the
park are very persistent. I'hey've managed to get the attention of the media. I was interviewed
by Channel 6 at the park. I was obviously interviewed by the New Times. I have to watch how I
talk about things a little more carefully from now on. But my point has been very clear fiom the
beginning: the community adopted this park; they made decisions about what it ought to be; they
coordinated all their efforts with our Parks Director; moved forward with the plan, and now, then
somebody wants to change it. I don't warn to change anything. I'm completely in favor of the
recommended changes that staff is suggesting here because it's safety issues, and it adds sone
components for children's playground stuff. It creates a better canopy and a safer environment by
removing the trees. So, my motion is to accept the recommendations of the staff and to move
forward with all due haste to completing these changes, and this issue be dead.
Commissioner Reealado: And not moving the fence.
Vice Chairman Gort: It's been --
Commissioner Winton: And not moving the fence an inch.
Vice Chairman Gori: It's been moved.
Commissioner Regalado: So, it would be dead now.
(APPLAUSE)
Vice Chairman Gort: It's a motion. is there a second?
Commissioner Resalado: Second.
Vice Chairman bort: Please, please, please. It's a second.
38 .lune 14, 2001
1tt9�
Commissioner Regalado: Second. Second.
Vice Chairman Gort: Second. Discussion. Being none, all in favor state by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Winton, who moved its adoption:
MOTION NO. 01-572
A MOTION RELATED TO FFNCING AT BLANCHE PARK, STIPULATING
THAT CURRENT FENCE SHALL NOT BE MOVED AND APPROVING "CHF
FOLLOWING RECOMMENDATIONS OF THE ADMINISTRATION:
1. REPLACEMENT OF FICUS TREE WITH A COUPLE OF HARD WOOD
TREES;
2. ADDITION OF PLAYGROUND EQUIPMENT
3. MAINTAINING THE THREE-FOOT FENCE AROUND THE CHILDREN'
PLAY AREA WITH SELF CLOSING GATE;
4. RAISING THE HEIGHT OF FENCE BETWEEN DOG PARK AND
CHILDREN PARK TO FOUR FEET;
5. INSTALL HEDGE ON DOG SIDE OF FENCE;
C. CHANGE THE CHAN LINK FENCE BY PLASTIC COATING THE
GALVANIZED METAL.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Commissioner Winton: And, residents, thank you all for coming. My apologies for having you -
- for you having to take off time to come here for this thing, hut, you know, that's the way
democracy works.
Vice Chairman Gort: That's it.
Commissioner Winton: Thank you for coming. Mr. Sarnoff, thank you for your time.
Vice: Chairman Gort: Great presentation.
39 June 14, 2001
i
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i
8. REFER TO MAIN STREET CODESIGNATION REVIEW COMMITTEE NAMING OF
STREET (ELIZABETH STREET FROM GRAND AVENUE TO THOMAS AVENUE) IN
MEMORY OF MR. HUGH LYNN "DUKE" BROWN.
Vice Chairman Gort: OK. Under district item -- please, let's leave quietly. Under district item.
I'd like to -- with the permission -- the Commissioner of the district, I'd like to look at the -- send
it to the committee, to look at the Elizabeth Street from Grand Avenue to Thomas Avenue. and
would like to name it in memory of Hughlin "Duke" Brown. Mr. Brown was one of the
founding members of the Dominos Tournament, which is what brought our people together, and
Pd like to make that motion.
Commissioner Regalado: Second.
Vice Chairman Gott: Discussion? All in favor state by saying x'
The Commission (Collectively): Aye.
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41 lune la, 2001
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The following motion was introduced by Vice Chairman Gom who moved its adoption:
MOTION NO. 01-573
A MOTION REFERRING TO THE MIAMI STREET CODLSIGNATION REM
COMMITTEE THE NAMING OF 'A STREET (ELIZABETH STREET FROM'QRk4l
AVENUE TO THOMAS AVENUE) Ili' MEMORY OF THE LA'Z'E MR. HUGHLIN "AUKS"
BROWN.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by, tlae
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado f
Commissioner Joe Sanchez`{� Mt
Commissioner Arthur E. Teale, Jr.In
Commissioner Johnny L. Winton '-'AY
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42 June 14, 2001
9. MANAGER TO DIRECT OFFICE OF MANAGEMENT AND BUDGET, ALONG WITH
OUTSIDE CONSULTANTS, TO DO OBJECTIVE REPORT THAT FOCUSES ON
' QUANTIFICATION OF WHAT HAS BEEN DONE, NEEDS TO BE DONE, TO UPGRADE
ORANGE BOWL STADIUM; REPORT SHOULD INCLUDE INPUT FROM ORANGE
BOWL COMMITTEE AS TO THEIR ASSESSMENT OF WHAT IS NEEDED TO MAKE
ORANGE BOWL STADIUM COMPETITIVE, CONSISTENT WiTH NCAA STANDARDS.
Vice Chairman Gort: District 2, Commissioner Sanchez.
Commissioner Sanchez: Thant: you, .\1r. Chairman. My first Commissioner item is Mr. Keith
Tribble, Chief Executive Officer of the Orange Bowl Committee, to address the Commission
regarding the 2000 Orange Bowl Parade, and slrow a short video documenting the Orange Bowl
Festival. Thank you for coming.
Sherrill Hudson: Good morning. I'm not Keith Tribble, as you know. I'm Sherrill Hudson. I
had the honor o1'serving as President of the Orange Bowl Committee last year, and with me i:;
Phil Rich, who is Keith's Administrative Assistant. We'll take -- we will dispense with the video
because I know you're probably running behind schedule. But we thought it was very, very
important, on behalf of our 250 members of the Orange Bowl Committee, to come over and
thank the City Commission for their strong support of the 2000 Orange Bowl Parade and the
2000/2001 Orange Bowl Festival. We had it terrific parade this year, and every year we're trying
to improve it. We had 22 floats, 12 balloons, 25 bands; we had national television with packs
network local, we had WTV,I. We had excellent viewership there. Over seven thousand
participants to out' parade, of which thirty-five hundred of them were from out of town. Despite
being one of the coldest nights of the year, Biscayne Boulevard was, basically, full of people.
local residents, and tourists for our parade. You'll remember, we had terrific celebrities. The
grand marshals were Venus and Screna Williams. They were thrilled to be a part of that and
really honored. I had a chance to talk with them and their father and they were -- just thought it
was a highlight. Cirque du Soleil, they were part of'our parade, and it was really a sneak preview
fir the upcoming event, which, I understand, at Bicentennial Park, which was really one of the
most successful events that's been at Bicentennial. Let me just mention briefly on the Orange
Bowl Festival. We had the national championship game this veal. On ABC TV, we had a
seventeen point eight rating, at 28 share, one of the five highest rated sporting events in recent
years. In fact, it's been the highest rated boat championship game since the Boat Championship
Series was initiated a number of years ago. Our ratings were higher than the last two final boat
championship games. Brietly on hotel bookings. The Orange Bowl directly booked over 9,000
room nights, with hotel properties within the City of Miami. Our official media hotel for the hed
1=x Orange Bowl �,+•as the Hyatt Regency downtown I think you've all read about it, but we're
very, very proud that our Orange Bowl Men's Basketball Classic and the Orange Bowl Women's
Fah Four will be coming back from -- and then -- being put on at the American Airlines Arena,
starting this next year. We'd like to present a small token of appreciation to each Commissioner,
to the Mayor, and the City Manager, and we have framed tickets and we hope that you'll have --
hang it in your office and display it with pride. We're going to have a terrific 2001 Orange Bowl
Parade on December 31st in downtown Miami. The theme of this year's parade is Underwater
Wonderland. Thank you.
43 June 14, 2001
9 •
Vice Chairman Gort: Sherrill, t only have one question.
Mr. Hudson: OK.
Vice Chairman Gort: What are you going to do about the weather? 1 mean, it was a beautiful
parade, and although it was the coldest night, it was a lot of people there. It was great. It was a
great parade.
Mr. Hudson: Yeah. 1 know. We had our six month old and three year old grandsons there and
they were right nearly fr07c, but they had a great time.
Commissioner 'Vinton: Sherrill, how many roommates did you say that were filled as a result of
this effort?
Unidentified Speaker: Five thousand.
Mr. Hudson: Well, there's a -- we can't quantify the indirect.
Commissioner Winton: Right.
Mr. Hudson: We can -- we directly quantified 9,000 where we were involved in, but there was ...
Commissioner Winton: Nine thousand where, though?
Mr. Hudson: In the City -- within the City of Miami.
Commissioner Winton: Within the City of Miami. And the reason I'm asking you is because
that's a point that goes to -- that directly supports the point that Commissioner Tecle made about
supporting some of these events, because it is an economic generator for our community when
you're filling up hotel rooms that spread completely throughout the community, because you
have to buy -- the hotel buy supplies; they buy food stuffs, they buy all kinds of things from
other vendors within the community, and that's a big, big, big deal for our City, And the hotels
hire more people and create more jobs than virtually any other industry out there for a small
piece of land. So --
Commissioner Teele: dere here.
Commissioner Winton: -- it's a bid; deal.
Mr. Hudson: Well, we think we had over 30,000 people from the state of Oklahoma here, and
the TV coverage was just absolutely spectacular. I mean, it -- one of the five highest sporting
events in the last five years of any sporting event. I mean, I think that we -- the City of Miami
and our community, at large, came out great this year in the Orange Bowl. And ...
Commissioner Winton: Bunch of my Oakie relatives came.
44 June l4, 2001
0116�
Mr. Hudson: And we're committed, by the way -- we're committed to do it each year. l mean.
we really, really worked on the parade and that -- we have an iron clad commitment to make that
parade better and better. But I'll tell you, we wouldn't be where we are -- and l mean this very
sincerely -- without the help of this Commission.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Mr. Chairman, I know that, you know, we like to give out plaques and
receive plaques, and I'm grateful, but before you do the plaque stuff, let me really try to
understand two or three important things. Has anyone from tite City staff sat down to talk to you
about some type of audit report or management report regarding your presentation or what we're
saying'? I mean, ,just -- you know, normally, what happens is that -- what's that firm, Laventhal
and Horowitz used to be the one -- they would basically do some type of update or audit or
management -- and I'm not talking about the negative audit. I'm just saying, we treed to be able
to document. We've got an Oversight Board and -- have we been doing any type of -- and I hope
the Budget Director is here because all we talk about is budget. But the Office of the Budget is
management and budget. Are we talking at all to you all, in any way, about doing sane type of
objective report that Nve can use as justification for our actions with the Oversight Board and,
quite candidly, to the public'?
Mr. Hudson: Well, we do have an independent research company that does quantifies the
economic impact on the community at large. And that's over ...
Commissioner Teele: Well, let me ask you it this way.
Mr. Hudson: And that's over a hundred ...
Commissioner Teele: Would you be amenable or would the Orange Bowl be amenable to
working with us so that the City can produce a report --
Mr. Hudson: On the ...
Commissioner Teele: -- with your cooperation, that quantifies the impact of this and the things
that you're saying?
Mr. Hudson: Certainly. We'll -- we will do that. And I want to tell you that we've had a lot of
meetings in working out the support, and I'll tell you, I think, you know -- in years -- going back
several years, the relationship with the Commission and the Orange Bowl wasn't what it should
have been. But in recent years, 1 will tell you -- and I would thank each of you, in particular
Commissioner SancheL -- I think we have a wonderful relationship and anything we can do,
Commissioner Teele, to enhance that, we want to do it.
Commissioner Tcelc: OK. So, Mr. Manager, I would informally request that the Office of
Management begin to really look at this with them and we can come up with some independent
45 June 14, 2001
iIiIi7�l
reports and use outside consultants that are agreeable or use their consultants and come in with a
very good report to the Oversight Board, and, quite candidly, so when we go out and talk to our
constituents what it is we're doing and why we treat the Orange Bowl differently from something
else because that's always the question, and I'm not looking for CYA. I'm simply saying, we
ought to be able to intelligently discuss what you're doing. Now, let me go to the second point.
in years past, there's been a whole lot of issues about -- and I know this happened particularly
when they were at the Joe Robbie Stadium, when you all -- we still have this rotation. Is the Joe
Robbie Stadium still in the rotation with file Bold Group that, in three years or four years...
Mr. Hudson: We have signed a four-year extension of the contract, and -- through 2006, and part
of that contract requires us to pull up the Boat Championship Series as pail of the contract for us
to stay in, mandated, that we he at Pro Player Stadium.
Commissioner Tecle: OK. So, the next question that I have is that, can you give its -- to the
Manager -- an objective report, from your point of view, not from anybody else's point of view,
but from the Orange Bowl C'ommittee's point of view of what it will take to upgrade the Orange
Bowl to address all of the bowl concerns that we have? And can you give us. you know, the
kinds of references of where we can independently verify some of that? In other words, if the
City were to quote go in competition with the Joe Robbie Studium among ourselves, so that we
could convince the Bowl Committees, what, in your opinion -- and it will he your opinion.
Obviously, there's no assurance Ilial they would award or not award or they would accept or not
accept, but in your professional opinion, in your organization, what does it take, in terms of
upgrades, to -- not in terms of costs, but in terms of upgrades -- to make the Orange Bowl
Stadium in the City of Miami competitive to be able to honestly say we deserve it here?
Could you work with us on that?
Mr. Hudson: Commissioner Teele, we will work with you on that, but let me tell you. That --
those decisions are made by a group of commissioners of the five major conferences. And, for
example, they wrote us a letter telling us that -- in fact, if you are going to be one of the four
champion -- in the championship rotation, you have to go to Pro Player Stadium.
Commissioner Teele. I understand that
Mr. Hudson: And that -- they didn't give any -- I mean -- so, we don't ...
Commissioner Teele: I understand that the language of the ietter designates that, but that's not
my question. My question is, in you all's professional opinion, can you tell us what it's going to
take to do that? Because, you know -- to get the Orange Bowl up -to -snuff. Maybe we do.
Maybe we don't.
Mr. Hudson: Well. i will tell you this. We will try, but I am not -- I'm not so certain that you're
asking a question that anybody in Miami can answer for you. It's a -- that's going to be pure
conjecture.
Commissioner Teele: Well, one thing's for sure, the organization that can come closest to
answering it is going to he the Orange Bowl Committee and professional staff. Maybe the
46 June 14, 2001
1III1]!ily
university of -- maybe sone other players can come in, but I'd like to get you all's assessment of
that, which takes me to the third question. When they play at the Pro Player Stadium, then
there's always this big thing about putting teams in Ft. Lauderdale and Broward County, is there
any way we can address trying to keep both teams in the City of Miami or within Dade County?
Because, remember, our funding is based upon how many people stay in hotels for virtually
everything that we're talking about doing. Is there any way we can try to direct the hotel use or
work with you on that one game -- that one game when it is played at Pro Player Stadium?
Mr. Hudson: Well, you know, last year both teams stayed in Dade County. They stayed at
Miami Beach. They stayed at...
Commissioner Teele: But they played in the Orange Bowl.
Mr. Hudson: No, they played at Pro Player, but they stayed -- the team hotels were the Sheraton
Bal Harbor, and the Fontainebleau. And the media hotel was...
Commissioner Teele: In other words, we're not playing in the Orange Bowl at all now? At all,
at all?
Mr. Hudson: Pardon?
Commissioner Teele: We're not playing there at all now?
Mr. Hudson: Not the game, no.
Commissioner Teele: 1 thought we were playing the off games, and then the number one game
Carlos Gimenez (City Manager): No, sir. The entire -- all Orange Bowl games are played at Pro
Player. It doesn't matter if it's the championship series or not.
Commissioner Tee1c: Oh.
Mr. Hudson: Now, a couple of years ago
Mr. Gimener: But not (inaudible).
Commissioner Teele: That makes it even more urgent that you help us to identify. What I
would also need are, who are these individuals, the names and titles and, you know, a little bit of
background on who the individuals are that make the decision? You know, .just generically.
That's available information. Then the final question would be, what would you ask us -- if you
had a magic wand, what is it you would ask the Commission to consider right now doing -- to
make next years's Orange Bowl an even better event in the City of Miami`?
47 June 14, 2001
dirr WER
Mr. Hudson: I'm going to have to defer on that. But what 1'd like to do is have the -- especially
the parade people come back to you at a meeting at your convenience, after we've given that
some thought. Because 1 don't think we -- I just can't answer the question, Commissioner Tecle.
Commissioner Teele. All right. Finally, in the past you all have worked extremely well with the
Three Kings Parade and the Martin Luther Parade in making floats, in making sponsors available
for those parades. I would request, individually, that we look also at the Roots and Culture.
which is a Haitian event -- it's a little bit out of the cycle -- but we begin a dialogue with them to
basically see if we can make floats available and encourage sponsors to make their -- you know,
their last year's floats available to be in that parade, as a personal request for you to consider or
your staff to consider, please.
Mr. Hudson: OK. .lust one thing that we do at the Orange Bowl -- and we'll do that. One thing
we do is, we have our youth football league, which we sponsor. We have 26,000 young men that
participate in that. We have our cheerleaders. I think we have five to seven thousand young
women that participate in that. Now, in all of our championship games in that, even though it's
not a revenue-producing event, we hold all of the championships -- the playoffs and the
championship games in the Orange Bowl. So, we do that, And that's one -- by the way, that
program is being -- the NFL (National Football League) is looking at what we've done with
youth football, and they want to roll this program out really nationwide to see if other cities can
do what we've done.
Commissioner Teele: Mr. Chairman, then, may 1 ask you to consider a Miami twist?
Mr. Hudson: OK.
Commissioner Teele: Would you consider maybe even doing a soccer -- youth soccer as a part
of it? You know, football, outside of America, is another game, and it might also be nice if
soccer could be integrated in that, _just a sort of Miami twist. They certainly can't do that in -- at
the University of Wisconsin or University of Oklahoma very well. So, just consider it. Not a
request. ,lust consider it.
Mr. Hudson: Thank you. Real quickly...
Vice Chairman Gort: Thank you, sir. We appreciate it. I want you also to know that my family
and myself and many friends did rent a room at the -- for that event and stayed in downtown, and
it was a beautiful event. OK.
48 June 14, 2001
1011lo -0
10. AGENDA ITEM D -3-B -- TRAFFIC STUDY FOR REDIRECTION OF TRAFFIC'~,
FLOW ON S.W. 8t" STREET.
Vice Chairman Gort: OK. Commissioner Sanchez.
Commissioner Sanchez: Mr. Chainnan, thank you. My next agenda is a discussion concerning
the update relating to the traffic study for the redirection of Southwest 8"' Street. Approximately
about a year ago, 1 had several meetings with the Secretary of Transportation, State of Florida.
who 1 had asked to come down and talk about finding ways in the process that we have
established to bring a revitalization to Calle Ocho. And after doing several researches
throughout the United States, we found out that people usually on their way to work only stop for
two thinks_ That'.s to use that bathroom, it' you have to, and buy a cup of coffee or -- three
things, basically -- and fuel up with fuel. Other than that, people tend to spend all their money
on their way back to their homes from work. That is a fact, which cannot be disputed. However,
the way the design is of the street there, it really takes the economic impact away from that
corridor. If you look at the traffic itself, you have 8"' Street going eastbound. A main corridor to
all the workplaces usually in the City of Mianni or the major portion of the areas, which provide
large employment. If you look at 7"' and 6"', they go westbound. Those are the main arteries
that people take to avoid U.S. I or 1-95 heading Nvest through the City. There is no commercial,
just residents in that area until they get to 27'h Avenue, where it turns into a two-way street.
Now, I was -- 1 attended the first debate of the Mayor candidates, which I will attend each and
every one of them to study the candidates well. In that debate, one of the candidates stated that
since 1991, he has made or attempted to change the traffic flow. I have sat down with numerous
of the administration to find ways to implement this change. 1 also sat down with .lose Abreu in
my office about eight or nine tnontlts ago, almost a year, and we discussed that there were
several ways that we could do this. One of them could have been going through the MPO
(Metropolitan Planning Organization). Is that correct, 1vlr. 'Keele? Going through the MPO, or a
system called Fast Track. through the Governor's office, which is to bring economical
revitah7ation to an arca. Now, the administration did not get back with tile. And I did pass the
resolution that was passed through this legislative body unanimously, five zero, to find funds for
the traffic study. I did not receive the traffic study. Now, we have -- and I continue to say this as
a representative of Little I-Iavatna -- that we have made significant, significant improvements in
the area of Calle Ocho with the revitalization of businesses through the arts and cultural affairs,
and events that we're holding there. "Today, the prices of a square foot for property have
increased dramatically from two to four dollars ($4) about three years ago to just about twelve to
fourteen dollars ($14) a square foot right now. But I think we need to take this to another level.
I'm sure that by changing that traffic study, it should not be a significant impact to the City,
because you basically Just switch the lights, as I was told. It's still going to be just one way, but
instead of going eastbound, it'll go westbound, and some other modifications to the street. Now,
1 would like the administration to give me an update, report of what's the status, where we're at,
and to at least give me a time frame to where we could get this. Because, let me tell you
something. 1 strongly believe this will be a positive thing for the area. I will not let the
administration drag their feet on this issue, I will bring it up, if I have to, just like 1 do with the
workmen's comp. issue, every month up, so get ready for it, because I think that the longer we
wait there, the more that the business individuals that have mom and pop stores and the small
businesses are suffering. And the quicker we change that and we change the traffic westbound, it
49 ,lune 14, 2001
611 O : —
would have a major impact to that corridor, main corridor, at least from 4`" Avenue to 27"'
Avenue. So at this time. I'd like the report of the administration to what's the status of the
redirection of traffic of 8'h Street.
Ana Gelahert (Director. Planning and Zoning): Ana Gelabert, Director of the Planning and
Zoning. At the present time, the Planning Department, together with the Public Works
Department is working, on a contract, negotiating with a firm to do the traffic study from 1-95 to
27" on 8"' Street.
Commissioner Sanchez: So we have not -- Let me just clarify, because I think that we -- I think
my office and the administration is having a little problem communicating, to be honest with
You. And I don't want to bring some resolutions that we've passed here that the administration
has not implemented. But I'll get to that a day when I show up and I'm in a fighting mood.
Today. I'm in a peaceful mood. I brought my kids to work. They're in my office. You know,
we're at peace here. But let me tell you, it was my understanding that we generated funds to do
the study. Why has the study taken a year to do? Answer that question for me, Ana. Why has it
taken one year. when we had the funds available to do this study?
Ms. Gelabert: We -- the study right now, the way it was going to be when you requested it first,
it was going to be to change the two ways, change it, reverse the traffic on 8`h and 7"'. That's
when we met with Jose Abreu. After that, what we were talking to you about was perhaps the
study, instead of being just the reversed traffic that we could something where the traffic could
be contemplated as being two-way traffic, in order --
Commissioner Sanchez: Let me stop you. Let me just stop you there,
Ms. Cielabcrt: I'm sorry.
Commissioner Sanchez: We knew since day one that Calle Ocho could not be two-way, because
we would have to give up the parking. So we knew that. Jose Abreu made it very clear that
there was no way to make it two ways, because we would have to give up tite parking, and
parking continues to be a problem in that area, just like it is throughout the City. It was my
understanding that ;t could be — there was no way it could be two ways, because that's a main
corridor taking people to work. You can't just put one way -- I mean two -- one --
Ms. Gelabert: I think what we wanted to do with the study, the one that I was at beginning
saying that we are negotiating the contract -- and Public Works had told us that a notice to
proceed would be able to he issued by the end of the month. But just to clarify, what we
intended to do with --
Commissioner Sanchez: But you just stated that at the end of the month --
Ms. Gelabert: Yes. A notice to proceed would he issued.
Commissioner Sanchez: At the end of this month?
50
June 14, 2001
Ms. Gelabert: Yes. this month. Yes, sir.
Commissioner Sanchez: OK.
Ms. Ge!abert: What I would like to clarify is the purpose of the study is going to be to look at
the two-way traffic. We felt that to create the destination that we want for Calle Ocho, the two-
way would benefit. The study would look at the possibility of the parking, which we understand
is a need in the community, to really improve that. If that's not able, is not feasible because of
the geometry or other regulations that might he in place, then the study will further into the
reversed traffic, which we had started with. So we will have what you requested, but the
opportunity of looking at it and contemplating the two-way. I think: would really create the
destinatirni that we would like for C'allc Ocho. That's why we felt that it would he important to
do that portion. So again, the study would look at both. It will not look at one and not the other.
But if one is not feasible, it will go to the second alternative, which was reversing the traffic.
Commissioner Sanchez: So it would he safe to say that when we get back from our August
break, around September, that report should be completed?
Nis. Gelabert: The consultant said the time?
Commissioner Sanchez- No'?
Ms. Gelaber1: We could have a preliminary report. Right now, what we can have for you is a
preliminary report on the specific dates. That's when you start getting on some work that they
have done. That's what l would like to. I don't want to promise you that it will be finished.
Commissioner Sanchez: So when would this report be completed and be brought hack to the
Commission? Because. you know, from now on, I'm going to start working that way. Mr. City
Clerk, 1 also would like the records for this meeting, this particular ilem to be presented to me at
my office.
Ms. Gelabcn: Commissioner, if'the notice to proceed would go at the end of this month, at that
point, k would say that we would obviously have a contract with a firm, and we can work out a
schedule. In July, we can come back to you and give you that schedule.
Commissioner Sanchez: OK.
Commissioner Winton: Question. I'm sorry.
Vice Chairman Gort: Go ahead, go ahead, Commissioner Winton.
Commissioner Winton: A couple of points. I've read in a number of different journals, and 1
think, Clark, you have stated this, as well, 1 think, and correct me if I'm wrong. And that is that
there is a movement across the United States to do away with one-way streets.
Vice Chairman Gort: Right.
51 June 14, 2001
Commissioner Winton: Because the pretext under which one-way streets were created, if' 1
understand this right, was prior to the creation of the interstate highway system, all traffic,
automobile traffic carne right through cities, and they created one-way streets back in those days
to move traffic as fast as they could through our cities, because that's where all the traffic was
going. So the design criteria back then was really geared towards not creating an opportunity for
people that are driving through our City to stop and do business, but to get them through as fast
as they could. lienee, the need for one-way streets. With the interstate higliNvay system. that
really has made one-way streets obsolete. And I can tell you that forget about -- and so what I've
read is that there's a movement across the country to do away with one-way streets. Studies
aside, it is so crystal clear, just from plain, you know, smell path, logic, common sense
standpoint that one-way streets arc a pain in the rear end for the public for trying to access
businesses on those one-way streets. And you get in downtown and you get on Southwest 1;'''
Street, and you make un wrong tum, and then ext thing you know, you've got to go five blocks
before you can get back to where you want to he. So my question is, are we -- is the: City getting
itself into a position where we can do kind of it global study of one-way streets within the City of
Miami with an eye towards eliminating one-way streets Citywide over the course of some -- "N"
period of time? Arc we doine that, or are we contemplating that!
Clark Turner (Chief, Community Planning): Clark burner, Department of Planning and 7.oning.
Commissioner, the answer is, yes, that it is it move that has been observed nationally, and it's
one that we ought to be considering seriously, locally. And it's one of the amendments to the
Comprehensive Neighborhood Plan for the City of Miami that was adopted by this Commission
following a recent evaluation and an appraisal report addressed exactly that issue. I can't quote
it from memory, but it says that one-way streets should he eliminated where appropriate in the
City. And this is one of the very, very appropriate places to consider it. Now, there's a daunting
problem that Commissioner Sanchez has alluded to. (fi first blush, if you were to suggest that
81" Street would be two-way, the immediate conclusion that can be reached is if the parking is to
be retained, there would only he one moving lane in each direction. Right now, there are three
lanes in one direction. If you reduce that to one moving lane each direction, you essentially have:
dropped to eastbound lanes out of the picture. They got to go somewhere. That traffic has bot to
be accommodated somewhere. The question is, where %ould it he accotnnlodated? Because
there's no doubt that given the character of the businesses along 8"' Street -- and one of the
reasons why that character is appealing is because there's on -street parking. The business
frontage is not interrupted with parking lots over, and over, and over again. So that makes it a
good business frontage, but it means you got to have the parking on the street. If' you maintain
the parking on the street, you got one lane each direction, where does the other traffic bo? That
is the crux of this question, and it's the crux of the question that will have to be addressed over
and over again as we move toward eliminating one-way streets. Every one-way street is going to
raise that question again. And that means that we need to have a strong policy context within
which we're going to heat those issues, because the policy context will have to answer the
question: 7'o whom do these streets belong'? Do they belong to commuters from Westchester, or
do they belong to the businesses and residents of the City of Miami'? If they belong to the
businesses and residents in the City of Miami, then we go to bottle and say, this is the top
priority, and the folks from Westchester arc going to have to take second place on this. If they
belong to the people from Westchester, then we might as well forget about one -waving, because
52 June 14, 2001
m7am►l:
one-way system is going to serve those people much better than any two-way system. So this is
where, it comes down. And we want to make this study beginning with the desire to return 8'1'
Street to the City's residents and businesses, to make the point. And then we'll join the battle
and see where it takes us. And this is an area, of course, where the elected officials of the City of
Miami are going to be the ones who call file policy on this.
Commissioner Winton: One last question. Southwest 8"' Street at Brickell Avenue is a total
disaster area. And I know that we're also studying that segment of Southwest 8"' Street. And
not that 1 want a long answer to this, but how are we doing in terms of that study and what we're
doing there?
Mr. Turner: We're farther ahead on that one, because the piece from Brickell Avcnue to 1-95 has
now been studied for two-way operation. it's feasible. It's going to take a while to put it in
place, because there are interchange modifications at I-95 that will have to he cranked into the
picture. So it's going to be several years before that can be fully done. The one block between
Brickell and Miami Avenue can be turned into a two-way operation very expeditiously, and in
fact, a contract has been let. A consultant is already studying the implementation of that one
block. ]'hat %%,ill make it possible for people to get off of Brickell Key and over to Miami
Avenue, up to ?t" Street and on to 1.95, so they don't get caught in the trap.
Commissioner Winton- Thank you. Thank you.
Vice Chairman Gort: There's just one thing that I'd like
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: I think that you don't have to make the choice whether you want to
help the commuters from Westchester, or the City residents or the merchants. I think that the
merchants want and need the commuters from Westchester to help them in their business. And
you have to look at what the FDOT (Florida Department of Transportation) did at Southwest 8"'
Street from 27t" to the Palmetto. It's working great now, although there is no side parking. That
is one of the issues here. But what I just wanted to say is that I think it's unfair to put a member
of the City Commission, a representative of a district that is very sensitive, because it has been
neglected for many years, to put that ineinber of the Commission in harm's way. You, the
Planning Department. have been doing a restructuring of the ordinance of South%%est 8"' Street.
This has created controversy. And all the controversy doesn't go to you or to the Manager. It
goes to this Commissioner. So I think that he deserves when he requests something in terms of
offering more information to the merchants and the residents, he deserves prompt action. So,
you know, if he requests that this he expedited, you know, I think it has to be done, because he is
dealing with a lot of issues in Southwest 8"' Street. And, you know, it's like me in Coral Way.
I've been talking to your department about the Coral Way ordinance, because there are issues
that I talk to people about. .And people are calling me and asking me about this. So I, you know,
i really think that you should move on this report as soon as possible, because, you know, this
Commissioner needs information.
53 June 14, 2001
Ms. Gelabert: And we will. In July, we'll be able to come hack and give you a schedule of the
traffic study.
Conunissioner Sanchez: Also, on the district overlay that Commissioner Regalado touched, we
are having public hearings. We need -- that needs to be put out publicly, advertised.
Ms. Gelabert: Yeah. We are at this point -- and I don't want to give a date, but i am working
with the NET (Neighborhood Enhancement Team) offices that touch upon that district in order to
be able to pick a date that might be convenient. And we're looking the end of ,lune. It's going to
he -- we're trying to target it the 27"'. And that one, as soon as we have it, it'll be made public
and we'll notify everyone.
Commissioner Sanchez: Well, I would like as much public input as possible. The district
overlay I support 100 percent, but I think that people tend to shy away from it when they are not
familiar with the process. They just need to be informed, well informed. And what we're doing
is to protect the character of that main corridor. You know, Commissioner Regalado is right: i
have a lot of things in the oven. That's the traffic change, the overlay, the beautification project.
I mean, there's a lot of projects in that area. And I think that we need to basically. through
Channel y or maybe through public hearings, let the residents of that area know that all these
projects are underway.
Ms. Gelabert: And we will.
Commissioner Sanchez: Thank you.
Vice Chairman Gori: I'd like to add, while we're doing these studies, while we're doing these
studies in downtown right now, we're going to change some of those one-way streets. And
Commissioner Winton was right, and I've been in several meetings where they're stating that
one-way streets no longer are useful, and a lot of the downtowns and a lot of the neighborhoods
are changing. Now. people need to understand, and 1 believe it's very important, that the
expansion and the growth of Miami -Dade has been at the expense of the City of Miami.
Commissioner Tule: Yeah.
Vice Chairman Gort: And I believe that we need to start looking for the City of Miamj. Of
course, we want to be part of the solution. We want to make sure the County continues to grow
and we continue to prosper, but not at our expense. And that's why we're having the problems
that we're having today. Now, the one-way street, as you're doing your study, l think we should
do it throughout the City, because we did a special study in the produce market. At the produce
market, there was a need to create one-way streets. We had the public input. But let Inc tell you,
transportation is one of the major problems that we're going to have here today. We have that in
our port today. We have that in the airport. 1 don't do any appointments between N and -- 8:30
and 10, or between 4 and 6, 1 try to do it before or after those hours, because any street you hit,
there's a problem. Now, my question is -- and you hit it right on the nose -- we have different
jurisdictions. We have. the State, we have the County, but we have to make sure -- and if you
54 June 14, 2001
•
need our help, you know, we'll bat for you all, that we sit down with those individuals and let
them know what's needed by the City. We understand that they have their problems, but we
have our own problems in here. Thank you. Commissioner Teele, you want to speak?
Commissioner Teele: Mr. Chairman. thank you. I want to associate myself with the remarks of
Commissioner Sanchez regarding my frustration, my total frustration with the amount of time
that it takes the Planning Department to complete studies. I think a lot of it has to do with the
fact that we don't have sufficient funding for outside -- Rir the intelligent and appropriate use of
outside consultants. I think one of the other areas that we have not hecn very smart in, and
contrary to everything that I'm going to say later on this afternoon about the County, so please
don't act on this at all. But absent where we're going to be going, I hope, on the County, the
Planning Department of the City and the Planning Department of the County really ought to be a
seamless organization, in my opinion. That's one of the clear areas. I mean, there's one of the
clear areas where the overlaps are just absolute 100 percent. Everything that's in the County --
everything that is in the City is in the County. And from a planning point of view, my judgment
is that relationships between the Planning Department in the City and the Planning Department
in the County should be almost one department, a seamless department, because we're counting;
the same people, we're looking at the same area. Each of the County Commissioners has
directed a planning study of their districts. I don't know if you've reviewed those, Mr. Manager.
They're looking at something different from what we're looking at. They'relooking at
County%vidc services, for example. I know that Ms. Gelabert has reviewed sonic' of' those plans,
because sonic of the shortfalls of those plans have been evaluated and have been identified, and
those plans are not perfect, by any standard. In fact, the only perfect plan that 1 have seen, or
close to perfect is the plan that Commissioner Winton has in his district that he inherited, which
was the study done of Coconut Grove. Was it the full Grove, or was it East Grove or West
Grove',
Ms. Gelabert: It was all the Grove.
Commissioner Teele: Huh?
Ms. Gelabert: All of the Grove.
Commissioner Teele: That is the most comprehensive study I have seen in the City or the
County to date. We said then and there that we should have a comprehensive study of each
district. We should have one comprehensive study of each of the five districts. One of the issues
that we're running around here now talking about is capital needs. Well, capital needs is just one
component of what a study should be about. And I thought that Commissioner Winton was
going to take the lead, because lie rode into town on a great white horse that he's going to force
this Commission to start looking at neighborhoods. And what we need to do is look at each --
Commissioner Winton: is my horse changing colors?
Commissioner Teele: Well, it's certainly getting smaller.
Commissioner Winton: That's to fit me better.
$11116 01
55 June 14, 2001
Commissioner Teele: But what we ought to do is exactly what Commissioner Winton
campaigned on, is that we're going to stop with this big picture stuff on one hand, and we're
going to look at neighborhood by neighborhood, which is one of the reasons I'm talking about
the hisimic districts in my neighborhood. We need, Mr. Manager, Madam Budget Director, as a
part of next year's budget to begin the process of a comprehensive planning study of the five
districts of the City of Miami. Commissioner --
Commissioner Winton: Second the motion.
Commissioner Teele: Second the motion.
Commissioner Winton: Absolutely.
Commissioner Teele: Well, when it comes up for the budget, when we do the budget this
afternoon on the mid-budget. I think that's the kind of instructions we need to he talking about
giving them.
Commissioner Winton: T don't think there's a more important thing we can do. We cannot -- we
don't have a roadmap in front of us without a comprehensive plan. And if we have a
comprehensive plan that means every single little step we take builds on top of a foundation that
we've created. And without that foundation, without that roadmap, we take all these little steps,
and they're not interconnected, and they may lead to nothing.
Commissioner Teele: Well, I would like, Mr. Manager, if today -- Mr. Manager, I would like
today if you would provide each of us with five copies -- get them xeroxed at Kinko's or
something -- of the study, or let's just do one and at least pass it around and see who wants them.
But let's let the Commission see that study -- it was done about three years ago -- the full
comprehensive study, because that is what we need. Commissioner Sanchez is 100 percent right,
and I think, Mr. Manager, this is a good time, if you have not done it, to bring forth the Public
Works Director and his new assistant, because I think one of the issues that drives us all crazy is
the lack of coordination on transportation road matters. I've got the same problem on northeast
2`1 Avenue, of the same problem on 3rd Avenue, where we've got that one-way street going one
way from 8` to 9`'. We've had two or three issues there. Nobody will solve the problem.
Nobody will look at the problem. Ultimately, it's a Public Works problem. But the
recommendations need to be coming from the Planning Department. And so I want to commend
you. I know that you've bolstered our Public Works Director with more staff, and I commend
you for that. But I think the Planning Department needs more funding for outside studies.
Mr. Gimenez: Commissioner, if I can just comment on that. In my opinion, the Planning
Department is understaffed, and that's the reason why maybe sonic things are taking a little bit
longer than what you all would like. The --
Commissioner Teele: Mr. Manager.
Mr. Gimenez: Yes, sir.
56 June 14, 2001
Commissioner Teele: I don't want to talk about staffing. 1 want to talk about studies. If staffing
is what you want to talk about, you know, I'm willing to do that. But what I really want you to
respond to is that we need more dollars for outside consultants, because I'm going to tell you
something. 1 don't think there is any correlation between hiring of staff and more output,
particularly on a short-term basis. It takes new staff six months, a year, two years to even find
out. The worst thing we could do right now is, in my opinion -- and I'll go on the record on this
-- the worst thing we could do right now is hire more Planning Department staff for the purpose
of doing these five studies. We don't need any more staff for what I'm talking about. Now, if
you've got some other --
Mr. Gimenez: No, sir. There's differences, though.
Commissioner Teele: Yeah. If you got some issues, I want to talk about that. But I want to talk
about what I'm talking about, and that is, we need more consultant work to do the kind of stuff
that Commissioner Sanchez is talking about on 8"' Street. That needs to be done by a PC firm
working under the Planning Department. The issue of 3'd Avenue needs to be done by a PB
working under the Platuiing staff in conjunction with Public Works, And what we need is more
dollars for consulting for these studies that need to be done, so that we can get them into the
MPO and into that. With all due respect, if you all need more staffing, 1 want to work with you
on that. But that's not what I'm talking aborti on the issue that Commissioner Sanchez is raising
and that I'm raising.
Mr. Gimenez: In our opinion, sir, it's a combination of -- they are understaffed for the t'unctions.
the daily functions that the City has to undertake. And 1 don't disagree with you in terms of the
consultant. So it should be a mix. You should have monies for consultants, but they also need
additional staff in order just to do the things we need to do.
Commissioner Teele: And I accept that. But all that I'm saying, on the stuffy for the five
districts, for the five City Commission districts, we don't need more staff for that. We need --
Mr. Gimenez: I don't think I said that we were going to do it that way, sir.
Commissioner Teele: And 1 just saw the gentleman come in, Mr. Manager. Would you ask the
Public Works Director to come forth and -- because 1 really think that Planning is taking the heat
for it, but Public Works ought to be really there working with Planning in a greater way in doing
this. So 1 would really like the opportunity to meet Mr. Rollason and you, to let us know what's
going on in Public Works.
Mr. Ginnenez: Yes, sir. And we understand the problems internally in terms of the lack of
communication between Planning and Public Works, and we have taken steps to create linkages,
so that Public Works and Planning have a much better communication network going, so that,
you know, they don't do things against each other.
Commissioner Teele: Frank.
57 June 14, 2001
Frank Rollason (Assistant City Manager): Yes, sir.
John Jackson (Director, Public Works): Commissioners, John Jackson. I'd like to take the
opportunity to introduce Mr. George Avino, our new Assistant Director for Design. Mr. Avino
brings a lot of experience and capabilities to the City, and we will be working more closely with
the MPO and Planning, and Planning Department, and Mr. Avino certainly can assist us in that
effort. 1'd like 1br you to introduce yourself.
George Avino (Assistant Director/Design, Public Works): Good morning, gentlemen. My name
is George Avino. I'm the new Assistant Director in charge of Design. And hopefully, I'll be
here to serve you, and whatever your needs are, I'll be more than happy to assist you.
Vice Chainnan Gort: Well. it's a pleasure to have your aboard. Arid I imagine you do have a
certain relationship with the County.
Mr. Avino: Yes, yes, I do.
Vice Chainnan Gort: And you know the right people in the County so we can get together with
them.
Mr. Avino: I know a lot of people in the County.
Vice Chairman Gort: Good.
Commissioner Sanchez: And I'll be seeing a lot of you.
Vice Chairman Gort: We're all going to be seeing a lot of you. You're going to get a lot of
memos from all of us. But I believe it's very important, like in downtown, what we're doing
with the Flaglcr Marketplace, we finally were able to bring the County, the City and the State
together. And working as a team. we can accomplish a lot more. And 1 think everyone is
beginning to realize that. And Rollason, t want to thank you for the work you're doing in the
leadership you have taken in the Flagler Marketplace, and all of you. This is the one project that
really is going to bring the City hack alive, especially downtown.
Commissioner Teele: Mr. Chainnan.
Vice Chainnan Gort: Yes, sir.
Commissioner Teele: 1 want to join in commending the Manager, and Mr. Rollason and the
Public Works Director in recognizing the need for more staffing, and to work more closely with
the Planning Department, and particularly the MPO process, something that Commissioner
Winton also has been driving on. I want to make two observations. I'm going to share a letter
that I'm writing to Secretary Abreu, as the Chainnan of the CRA (Community Redevelopment
Agency), in which there was a long discussion with Secretary Abreu this week in his office about
the need to expedite the study on the truck traffic that's going through 2nd Avenue, and through
the DLA. areas, et cetera. Arid Mr. Avino, that's when I sort of -- I guess l got to realize that Mr.
5K June 14, 2001
Avino was there. He was in the meeting, and he was extremely knowledgeable and was well
received. But it occurs to me, Mr. Avino, that in my previous life as Chairman of the
Commission, you took tremendous advantage of me by insisting that plats be expedited. In fact,
one of the things I said as Chairman, the industry complained, the Latin builders and the South
Florida builders all complained when we sat down and said, well, what can we do to do better?
One of the things is it took us an inordinate amount of time to get plats moved through the
County system. All those plats have to be signed by the Mayor or in my case, the Chairman. So
it was not uncommon to get a call on a Friday afternoon that said there were a hundred plats that
needed to be signed, and where did I want them delivered, at my house, on Saturday or Sunday,
because I said I'd turn them around in 48 hours. So I expect that we'll have plats moving
through -- if nothing else, we'll have plats moving through Public Works a lot faster than they've
been in the past. And I just would like to get a commitment, Mr. Avino, from you through the
Manager that we will move our plats through the process, if nothing else.
Mr. Avino: I can assure you that will happen, Commissioner.
Commissioner Teele: Well, I can assure you, you cost me a lot of unhappy weekends. So thank
you.
59 June 14, 2001
0
11. FIRST READING ORDINANCE: ACCEPT GRANTFROM FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS TO DEVELOP URBAN INFILL AND .REDEVELOPMENT
PLAN FOR MIAMI RIVER CORRIDOR, AND ESTABLISH NEW SPECIAL REVENUE
FUND ENTITLED: "MIAMI RIVER URBAN INFILL PLAN), APPROPRIATE. $50, 000
GRANT AWARD OFFERED TO CITY'S DEPARTMENT OF PLANNING AND ZONING
BY FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS.
Vice Chairman Gort: 'Thank you. District Commissioner "D."
Commissioner Sanchez: Yes, sir. The Miami River is recognized as a vital economic
environmental resource to both the City and the County. This resolution, all it does is that -- we
created -- recreation of a special revenue fund to transfer fifty thousand dollars ($50,000) to the
Miami River Commission. So, 1 move. It's only a first reading ordinance.
Commissioner Tecle: Second the motion.
Vice Chairman Gort: It's a motion and a second. Any discussion? Call the roll. Read it.
Vice Chairnian Gort: OK. Roll call.
An ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING INITIAL
RESOURCES AND APPROPRIATIONS FOR A SPECIAL. REVENTUE FUND
ENTITLED "MIAMI RIVER URBAN IN`TF1LL PLAN" (THE "PLAN"), AND
APPROPRIATING FUNDS IN THE AMOUNT OF $50, 000, CONSISTING OF A
GRANT FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
ACCEPT THE GRANT; AND AUTHORIZING THE EXPENDITURE OF GRANT
FUNDS FOR THE IMPLEMENTATION OF THE PLAN; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
60 June 14, 2001
was iutroducod by Commissioner Sanchez, seconded by Commissioner Toole, and was wed of
first ,naad ng, by title only, by the following vote:
+ xaw, ih trS ,,`Yds°lY,x
AYES:. Vice Chairman Wittedo Gott
Cotat %hWoner Tomas Rogalado r �'
" # b Commissioner Joe Sanchez
r
Commissioner Johnny L. Winton
Commissioner Arthur lw Taela, Jr.,?,
s
none. �'���`
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t `-itT Wig.'
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'x.'� s,� t 4I tt ��t,r�,. ';& r �y_•.i:,; � a�?i �„•4 �'���" a* 4.� Yom. �.: t f, 2 p �
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,£l Juba 14, 2001
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12. AUTHORIZE- MANAGER TO EXECUTE MEMORANDUM OF UNDERSTANDING
WITH MIAMI RIVER COMMISSION TO DEVELOP AND IMPLEMENT MIAMI RIVER
CORRIDOR URBAN INFILL AND REDEVELOPMENT PLAN; DIRECT ALLOCATION OF
$50, OW FROM PROCEEDS OF CONTRACT BETWEEN CITY AND FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS TO COMPENSATE MIAMI RIVER
COMMISSION FOR ITS RESPONSIBILITIES UNDER SAID MEMORANDUM OF
UNDERSTANDING.
Commissioner Sanchez: Before I go to the next item, Mr. Chairman, I'll make this very brief.
You know, the federal government has allocated a huge amount of money for the drainage ofthe
river. The County has also allocated its share of funds and the City has also allocated its share of
funds. We tend to look at this from two points. One is that we all talk about the revitalization of
the river. We talk about the positive impact it's going to have not only on the south -- not only
on the north side, but also on the south side of the river, which affects my district. So the next
resolution that I would move is authorizing the City Manager to execute a memorandum of the
understanding with the Miami River Commission in a form acceptable to the City Attorney to
develop and implement the Miami River corridor urban infill and revitalization plan in
accordance with the terms and conditions of the contract between the City of Miami and the
Florida department of community affairs, includes as attachment "A" hereto, and the .joint
planning agreement between the City of Miami and Miami -Dade County, including as
attachment "B" hereto; further authorizing and directing the allocation of fifty thousand dollars
($50,000) for the proceeds of the contract between the City of Miami and the Florida department
of community affairs, to compensate the Miami River Commission for its responsibilities under
the said memorandum of understanding. So moved, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: Second. Any discussion? Being tone, all in favor state by saying "aye."
The Commission (Collectively): Aye.
�n�
62 June 14, 2001
•
•
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 01-574
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM
OF THE UNDERSTANDING WITH THE MIAMI RIVER COMMISSION
("MRC"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
DEVELOP AND IMPLEMENT THE MIAMI RIVER CORRIDOR URBAN
INFILL AND REDEVELOPMENT PLAN IN COORDINATION WITH THE
CITY OF MIAMI AND MIAMI-DADE COUNTY PLANNING
DEPARTMENTS, AND 1N ACCORDANCE WIT" THE TERMS AND
CONDITIONS OF THE AGREEMENT BETWEEN THE CITY OF MIAMI
AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS,
INCLUDED AS "ATTACHMENT A" HERETO, AND THE JOINT
PLANNING AGREEMENT BETWEEN THE CITE' OF MIAMI AND MIAMi-
DADE COUNTY, INCLUDING AS "ATTACHMENT B" HERETO; FURTHER
AUTHORIZING AND DIRECTING THE ALLOCATION OF $50,000 FOR
THE PROCEEDS OF THE AGREEMENT BETWEEN THE CITY AND THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS TO COMPENSATE
THE MIAMI RIVER COMMISSION FOR ITS RESPONSIBILITIES UNDER
THE MEMORANDUM OF UNDERSTANDING, SUBJECT TO
ACCEPI ANCE OF THE GRANT.
(IEere 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 dir following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E, Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you, Commissioner Sanchez.
63 June 14, 2001
nTm rte;
l3. REFER TO MIAMI STREET CODESIGNATION REVIEW COMMITTEE REQUEST TO
1 RENAME SOUTHWEST 19TH AVENUE BETWEEN SOUTHWEST 8TH STREET TO
SOUTHWEST 13 STREET IN MEMORY OF MR. BOBBY FULLER; DIRECT MANAGER
TO WAiVE ALL CITY FEES RELATED TO CODESIGNATION OF BOBBY FULLER
AVENUE; STIPULATE THAT FUNDS FOR SAID CODESIGNATION ($700) WILL COME
IN EQUAL PORTIONS FROM COMMISSIONER REGALADO'S BUDGET AND VICE
C:HAiRMAN GORT'S BUDGET; EXPRESS ITS INTENT TO URGE MIAMI -DARE PUBLIC
WORKS DEPARTMENT TO ALSO WAIVE AN`'Y FEES ASSOCIATED WiTH SAID
CODESIGNATION REQUEST,
Vice Chairman Gort Commissioner Rcgalado,
Commissioner Regalado: Thant: you, Mr. Chairman. There are several items. The first one is a
motion to rename Southwest 19th Avenue. Now, 1 need Public Works here because we need to
discuss something. Nineteenth Avenue, is it the County's responsibility for naming or can the
City namc 19th Avenue''
John Jackson (Acting; Director, Public Works): it's a City street, Commissioner. The City has
responsibility.
Commissioner Reftalado: It's a City street. "'fiat is the maximum length? Is it two blocks or
can he more''
Mr. Jackson: The maximum length is live blocks.
Commissioner Regalado: Five blocks'?
Mr. Jackson. Yes.
Commissioner Regalado: OK. My motion is to rename 19th Avenue from Southwest 9th Street
-- hth Street. I'm sorry, to five blocks. Rename it Bobby huller Avenue. And let me tell you,
briefly, because we don't have much time about Bobby Fuller. He lives there. He used to live
there, and Hobby Buller is all American patriot. He fought in Korea. He fought for liberty in
Asia, and then, when he saw what was happening in Cuba, he went to Cuba and he was shot in
Castro's firing squad. And he communicated to his mother here in Miami that ifhe died in Cuba,
he would do it gladly for the cause of freedom. So, on behalf of the residents, not of this
Commissioner, hilt oil behalf of the residents of district 4. 1 am very proud to introduce this
motion to name 191h Avenue for five blocks fi-om Southwest 8th Street south to Southwest 14th
Street, 13th Street, five blocks, Bobby Fuller Avenue. 1 would also like to include in the motion
to waive all fees of the City of Miami in terms of permitting or whatever it takes, and I will
personally lobby the County to waive the fees of what the County charges for the signs, which is
about seven hundred, is it, John!
Commissioner Sanchez: Mr. Chairman, could I make it motion to have Commissioner Regalado
divide the motion'' In other words, grant the -- put one motion to name the street and then
another motion to waive the fees. Would you ...
64 .lune 14, 2001
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Commissioner Regalado: Because we treed to send this to the Street co designating committee,
and we need to send the whole package, Commissioner. That's why I'm doing the whole motion.
Commissioner Teele: He's just asking you to do it as a ...
Commissioner Sanchez: Yeah, just to divide it.
Vice Chairman Gori: Do it as two different motions.
Commissioner Regalado: No, no. I understand. I'll do it. I don't have any problem. My first
motion is to recommend that the Street Codesignation Committee names 19th Avenue from
Southwest 8th Street to -- is it 9 and 9'h Terrace?
Commissioner Sanchez: Second.
Commissioner Regalado: So it will be 13th Street as Bobby Fuller Avenue.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and there's a second. Any further discussion'? I met the
gentleman. It's a great thing to do. All in favor state by saying "aye."
The Commission (Collectiveiy): Aye.
The tollowing motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 01-575
A N- 1O`FION REFERRING TO THE MIAMI STREET CODESIGNATION
REVIEW COMMITTEE REQUEST TO RENAME SOUTHWEST 191,11
AVENUE BETWEEN SOUTHWEST 8"" STREET TO S.W. 13 STREET IN
MEMORY OF THE LATE MR. BOBBY FULLER.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Joiuuty L. Winton
NAYS: None.
ABSENT: None.
IFF0133 u i
65 June la, 2001
•
Vice Chairman Gort: OK.
Commissioner Regalado: The second motion will be to waive the City fees.
Vice Chairman Gort: There's a motion to waive the City fees.
Commissioner Teele: Second.
Commissioner Sanchez: Discussion.
Vice Chairman Gort: it's been moved and second. Discussion.
Commissioner Sanchez: flow much does it cost the City to -- when we waive these name...
Mr. Jackson: It's seven hundred dollars ($700). Commissioner, for the...
Commissioner Sanchez: But is it an impact of seven hundred dollars (5700) or is that just a
fictitious amount? Does the cost the City seven hundred dollars ($700)?
Mr. Jackson: No. No. It ...
Carlos Gimencz (City Manager): I believe it does cost the City seven hundred dollars ($700).
Commissioner Sanchez: It cost the City ...
Mr. Jackson: For the public notice of the meeting, it's seven hundred dollars ($700), That's the
cost to the City.
Mr. Gimenez: This is the -- because we have to place an ad in the paper. That's -- it's the actually
our cost out to the City.
Commissioner Regalado: So, you will lake that off my budget, Mr. Manager?
Commissioner Teele: Yeah, withdraw the motion and ...
Commissioner Regalado: You will take that off of -- no, the motion is to waive -- no, no.
Commissioner Teele: No.
Commissioner Regalado: No, no. Waive the City fees.
Commissioner Teele: It's not waived.
Commissioner Regalado: No, no, no, no. 1 understand. I understand what you're saying.
66 June 14, 2001
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Commissioner Tecle: The motion will be to transfer from your budget the seven hundred dollars
($700) necessary to conduct the public hearing.
Commissioner Regalado: To conduct the hearing.
Vice Chairman Gort: You can take half of it from my budget. Let's split it between
Commissioner Regalado and mine.
Commissioner Teele: So, the motion would be to transfer up to seven hundred dollars ($700)
from Commissioner Regalado's budget and Commissioner -- Chairman Gort's budget on a 50150
basis, the cost of the hearing'!
Mr. Gimenez: Yes, sir. Whatever the actual cost is, sir.
Commissioner Teele: Whatever it is.
Commissioner Regalado: OK,
Vice Chairman Gort: All right.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and second. Any further discussion? Being none. all in
favor state by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 01-576
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
WAIVE ALL CITY FEES RELATED TO THE CODESIGNATION OF BOBBY
FULLER AVENUE, (INCLUDING PERMITTING FEE, PUBLIC NOTICE
REQUIREMENT); FURTHER STIPULATING THAT FUNDS FOR SAID
CODESIGNATION ($700) WILL COME IN EQUAL PORTIONS FROM
COMMISSIONER REGALADO'S BUDGET AND VICE CHAIRMAN
GORT'S BUDGET; FURTHER EXPRESSING ITS INTENT TO URGE
MIAMI-DADE PUBLIC WORKS DEPARTMENT TO ALSO WAIVE ANY
FEES ASSOCIATED WITH SAID CODESIGNATION REQUEST.
67 June 14, 2001
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Tcele, Jr.
Commissioner Johnny L. Winton
NAYS: '.None.
ABSENT: None.
Commissioner Sanchez: Mr. Vice Chairman, just ...
Vice Chairman Gott: Thank you. Yes, sir.
Commissioner Regalado: Now, the thing is ...
Commissioner Sanchez: Just on that point. Commissioner Regalado, can you just yield for me
on that -- on your motion, which I support?
Commissioner Regalado: Sure.
Commissioner Sanchez: But let me just -- the reason why I brought that is, one, it being fiscally
conservative. 'The other, I had prepared a resolution, which I have -- it's stored away somewhere,
which wanted to name a street for every law enforcement officer and firefighter who has died in
the line of duty in the City of Miami, and, of course, that has a significant impact on the seven
hundred, and I felt that if, you know, once again, once you waive the fee for someone, then you
have no justification not to waive it for others. So, 1 just wanted to make that statement. And
where I did not know that one could take it out of their budget to do that. So, I just wanted to
slate that for the record.
Commissioner Regalado: The other issue is, we need a time certain. You need to call -- you
have two names already. So, you need to call a meeting of the Street Cudesignation. We need to
go to the County, and it would take, like the process, three to four months, tight?
Mr. Jackson: No, Commissioner. We need to call a meeting for the Street Codesignation
Committee to meet and then there's a 10 -day advanced notice for the public notice of the
meeting. And once that is approved, then we bring it back here for your approval.
Commissioner Regalado: OK. Try to do it so you'll bring it in July to the City Commission.
Call the meeting for the Street Codesignation with a I0 -day notice, and bring it back on July the
10th so we will have time to do this in the fall, to do the physical naming and placing of the signs
on the phone by September, most October.
68 June la, 2001
Mr. Jackson: Very good, Commissioner. We also need to -- the County -- to address the County
Commissioner Regalado: I understand that. I'll take care of the County. I'll take care of the
County.
Mr. Jackson: OK.
Commissioner Teele: Let me ask you this. Would you just take one minute and explain very
quickly what is the steps?
Mr. Jackson: OK. The first approval comes from this Commission, authorizing the Street
Codesignation committee to ...
Commissioner Teele: is that done by planning or Public Works?
Mr. Jackson: It's done by Public Works?
Commissioner Teele: OK.
Mr. Jackson: The Street Codesignation is in Public Works.
Commissioner Teele: Is the entire process in Public Works?
Mr. Jackson: With the exception of the approval for which streets are named, that -- we need
planning's input for that.
Commissioner Teele: OK. And how long should it take, the whole -- from the begin -- from this
Commission voting to putting the sign up, how long should it take?
Mr. Jackson: Well, if the applicant pays all of the fees, you know, it could possibly be done in
two months.
Commissioner Teele: In two months?
Mr. Jackson: Yeah.
Commissioner Teele: Would you give me, Mr. Manager, a statement as to where we arc on the
three streets that we've designated? You know, the Mabel Butler Way, which is two blocks; the
other ones. Just -- when it's convenient, would you all give me that, please? Or later on today,
would you just tell me?
Mr. Jackson: Yes, I will. Yes, sir.
Commissioner Teele: OK.
69 June 14, 2001
Vice Chaimlan bort: Thank you. Thank you
I
14. DISCUSSION CONCERNING CONTRACT NEGOTIATIONS WITH ORGANIZATIONS
WHO REPRESENT CITY EMPLOYEES.
Commissioner Regalado: The next item is the contract negotiations with organizations that
represen►City of Miami employees.
Commissioner Winton: Thank you ladies for coming.
Sue Weller (Officer, Labor Relations): Sue Weller, Labor Relations Office, sir. Since the last
Commission meeting, we have held negotiations twice with the Fire Union and once with the
Police and Sanitation Union. We've exchanged proposals with the General Employees Union,
but have not held a negotiations session with them yet.
Commissioner Regalado: What is the next step -- I mean, what -- do you have an idea of when
would you have a -- sort of a final product?
Nis. Weller: No, Commissioner. I do not. We will continue to meet until ...
Commissioner Regalado: How many years have you worked on this?
Ms. Weller: 'Twenty-three years.
Commissioner Regalado: OK. With your experiences, could you give me an idea then when
would you have this finalized? 1 mean, something for the Commission to look and approve?
Ms. Weller: Commissioner, it can vary from contract to contract. Sometimes contracts have
been resolved quickly. Other times contracts take months to accomplish. Even at times past,
the expiration of the current contract. The last --
Commissioner Regalado: What is -- is there a problem with some of these contracts? 1 mean, if
there is -- is there an issue?
Carlos Gimenez (City Manager): Commissioner, the differences between what the City is
proposing and what the unions are proposing is very wide.
Commissioner Regalado: What is the union and the City proposing? Pick one. Just give me a,...
Ms. Weller: Well, in wages?
Commissioner Regalado: Wages.
Ms. Weller: For the unions, they range anywhere frotn 40 to 42 percent across the board
increases that they're requesting over a three-year period.
Commissioner Sanchez: Forty-two percent?
71 June 14, 20011
Ms. Weller: Yes, Commissioner.
Commissioner Regalado: Forty-two percent increase?
Ms. Weller: Yes, Commissioner, over three years.
Commissioner Regalado: Plus a trip to Disney World, right?
Mr. Gimenez: That's why I said, sir, we were caught in substantive issues, we're very wide apart.
So, that's why it's difficult for us to tell you how long we can bridge that gap, but there's a pretty
big gap there between what the Cite is proposing and what the unions want.
Commissioner Regalado: So what I think is important that we have is the economic impact of
their proposal, and your proposal, and the City's proposing what in terms of wages?
Ms. Weller: Keep current wages.
Commissioner Regalado: With that is a two percent raise?
Ms. Weller: No, Commissioner. That is no raise.
Commissioner Regalado: There's no raise?
Ms. Weller: Yes, Commissioner.
Commissioner Regalado: Keep -- that would not have an additional impact of the budget?
Mr. Gimenez: Outside of the -- what we're proposing is no raises and outside of the normal step
increases that people get in the contract, there will be no impact on the budget.
Commissioner Regalado: And -- so, we are going to do ...
Mr. Gimenez: But you understand, that's how you negotiate. I mean, you don't -- they come in
with, you know, a number, we come in with a number. Were going to have to somehow agree
on a number. I'm sure it's going to be -- I'm not sure it's going to he greater than zero, but I'm
saying we're going to have to agree on a number and there is a wide range. It's from zero to 42:
Commissioner Regalado: So, we're going to do your budget. We're going to discuss your
budget with the information of your idea of the proposal, which is zero increase; is that correct?
Mr. Gimenez: No, sir. We would probably have some assumptions for some kind of increases.
Commissioner Sanchez: I think the question here is, what is projected in the five-year plan? Is
that what -- because I -- you have a valid argument.
Commissioner Regalado: No, no, no, no. I'm talking ...
72 June 14, 2001
Commissioner Sanchez: You have a valid argument.
Commissioner Regalado: I'm talking -- see, because, you know, this is an election year and it's
very important that we discuss properly the economic impact of whatever we do in the budget or
in the unions. One of the criticisms that the City has received from -- and I'm sure that some
candidates will use that to do their thing in the campaign, -- is that we pay 76 -- is it 76? -- 76
cents out of each dollar for salaries and benefits.
Mr. Gimcncz: Yes, sir.
Commissioner Regalado: So, that is the criticism. So, that's why I think it's important that
before the budget process, the people understand what are we doing with their money. And this
is what I'm saying, we need to know what is your projection in this budget, not on the five years
or whatever, but in this coming budget of what you feel it may be reasonable, because, then, we
know what to do with the budget, if we don't want to raise taxes or fees.
Mr. Gimenez: The way we're going about the budget presentation, is that there are assumptions
that were made in the five-year plan. We were following those assumptions, It; during the
course of negotiations, it's above or below those assumptions, when those contracts are brought
to the Commission for ratification or approval, you will have the entire budgetary impact of what
that does.
Commissioner Regalado: OK. So, you have time -- on July the 10th. I will put this on the
agenda again, and you, Sue and Linda will tell us what -- how much is in dollars 42 percent of
wages? How much is in dollars whatever you think and recommends, so we'll -- huh? What? I
mean, I just wanted to know and 1 think it's important.
Mr. Gimcncz: We can give you what that means in dollars and all. It's just, you know, 1 feel a
little bit hesitant trying to give it to you in public. I mean, negotiations should be done at the
negotiating table.
Commissioner Regalado: But we're -- we're not negotiating here.
Commissioner Winton: Could you yield for a second?
Commissioner Regalado: Sure.
Commissioner Winton: I think that, Mr. Manager, the projections for personnel costs are in the r
five-year plan already?
Mr. Gimene7: Yes, sir.
Commissioner Winton: And that's a public document. So, if you bring what those projections
are in the five-year plan to the Commission, we understand and we will be -- our memories will
73 June 14, 2001
0
15. DIRECT MANAGER TO REVIEW ALLEGATIONS
ENFORCEMENT OF CODE ENFORCEMENT ISSUE
AND REPORT TO COMMISSION.
Vice Chairman Gun: Next.
•
OF IRREGULARITIES IN ('ODE
WITHIN SHENANDOAH AREA
Commissioner Rcgalado: The last issue is something that I'ni not going to use a lot of time with
you, hill I'm going to distribute all these documents to you all. Because i think that, at least my
case, I believe that I was elected to represent and defend the residents ofthe City of Miami, and
especially district that I honor to represent. I have visited a property in the Shenandoah arca and
it seems that in this property, we have a situation that it could mirror some of the problems that
we have in the City of Miami -- throughout the City of Miami, neighbor pitted
against ni itthhor;
neighbor calling the NEI (Neighborhood Enhancement learn) to say, well, these people are
having this or doing this or whatever, but this happens all the time. .And it wouldn't mattet if. on
this case, it seems that the City, not this Manager, not the Assistant Manager, not the Assistant --
NET Director made it mistake, but somebody -- when Frank was probably training to be a
fireman many weeks ago, and when Francisco. I mean, was going to college or whatever,
somebody made a mistake. but -- in this Commission, we always said that we inherit the
problems of' the other commissions and that we have to deal with them and take the brunt, take
the heat, take the responsihility. So, I have this thing here and 1 think that there arc irregularities
because of lost documents. I'm not going to burden you with reading all this, but I will tell you
that very simple. Sonle neighbor called the NET Office; the NET Office went and saw the place,
said, "You don't have any violations. It's OK." Then the family did some work. The inspectors
from building and whatever zoning or whatever came, gave the pernut. They saw everything;
correct, went away. And then the neighbor kept going, kept going, kept going, and a case was
opened. And, now, they found something that it seems to be -- it was because somebody in the
City 20 years ago made a mistake That is the simple explanation. None of us were Isere. None
of you were there. But my question is, how do we resolve this? I mean, how we don't tell
someone, you have to go through hell because somebody in this City made a mistake 25 years
ago^ ]'hat's my (11-lestion.
hrancisco Garcia: Thank you, Commissioner. For the record, Francisco Garcia. I'm Assistant
Director for the Neighborhood Enhancement Teams. The simplest answer I could offer,
Commissioner, is that there is no substitute for thorough research on the part of the inspectors,
and, in my personal opinion, thorough research in this case would have vicided out some of the
Information that would have resulted in the successful closure of the case the first time around.
What happened in this case was as simple as this. The inspector did a -- 1 believe -- I would
characterize it as a coveted search of the file; the file yielded out some information, which was
then referenced back to the appropriate inspectors in the building department, and the inspector
arrived at the conclusion that the property was in compliance. When, as you've suggested earlier,
the abutting property owner called again and a more thorough research was done by the Chief of
Code Enforcement, who is, of course, niore experienced and better versed at these matters.
Then, additional information was yielded out that resulted in a different conclusion. What we
are presently doing in this particular case is, knowing what we know now, is working with the
property owner to bring the matter into compliance, which is ullimately what we're alter, of
course. h will happen sometimes unfortunately. Our efforts arc presently focused on providing
75 June 14, 2001
better training to the inspectors so that their research can he conducted more thoroughly at all
times.
Commissioner Regalado: Yeah. But. you see, we have the human factor here.
Mr. Garcia: Correct.
Commissioner Regalado: And the human factor is more important, I think, than the technical
factor because the bottom line here is, somebody -- I mean, if a police officer tells you, "No,
problem. You were not speeding," you believe the guy because. I mean, he's the authority, And
several inspectors came and went and came back and everybody said it was, OK. And then, all of
a sudden, you have a neighbor that says, "Ah -hall. You see. I said that I was going to do harm
to you, and I did it and I won." So that people feels really frustrated because it seems that the
other neighbor won. It's as simple as that. So, how do we explain that''
Mr. Garcia: 1 understand, Commissioner. And sometimes you're right. In our Code
Enforcement capacity, we are used by certain individuals to -- in vindictive ways to target other
individuals. That's unfortunate, That's human nature. That's certainly something we cannot
control. What we can do and certainly try our best to do and will continue to improve upon, by
virtue of training, as I discussed earlier, is remain neutral, remain objective, look at the facts as
borne out by the files that we have at our disposal, and try the best we can to bring the matters
into compliance. if we miss it the first time and it's brought to our attention the second time
around, then we will pursue it. The way we can compensate for it is, as 1 suggested earlier, is by
engaging the property owner in a constrictive manner, in a positive manner to try to enli:,t their
assistance and their cooperation in bringing the matter into compliance. So, we will not add
insult to injury, so to speak. We will, instead, let them know that we're there to provide a :.crvicc
and enlist their help in helping us bring that property into compliance, which is our ultimate
intent.
Commissioner Winton: But, Francisco, in reading this document, how do you bring them into
compliance'' You can't bring them into compliance without them tearing something down that's
been there forever. So, I don't know -- 1 hear your answer, but 1 don't know how that answer
relates to the reality of the world here.
Vice Chairman Gort: Grandfather in.
Frank Rollason (Director, Building; & Zoning): Frank Rollason, Assistant City Mwluger.
Commissioner, you hit the nail right on the head, and it's exactly what Commissioner Regalado
is pointing out. The fact that we missed something the first time around does not negate that the
violation is there and when it's brought to our attention or if it is pressed -- the issue is pressed
and we have people come back on multiple occasions and say, we're saying this is wrong, we're
saying it's wrong, and we research it and we find out that they're ultimately right, whatever their
motivation is to bring that to our attention, if it's a violation, it's a violation.
Commissioner Winton: Except the problem is, Frank, that you said that if we made a mistake at
one point and then we find it later and we've got to COMO it --
76 June 14, 2001
z�r��
•
Mr. Rollason: Right.
LI
Commissioner Winton: We don't have even have any records. So, from 1926 to 1970, in terms
of what I'm reading, which is almost 50 years, we have no records.
Mr. Rollason: No, but the mistake -- you're right. But the mistake that 1 um rctcrring to is if --
when this thing is originally brought to us or when inspectors go out -- and this is not uncommon
just to NET. We examine plans and miss things and then an inspector catches it in the field, it
costs the developer or the builder a lot of money to correct. The violation is there. It has to he
fixed and we press the issue wherever it's found. And ...
Commissioner Tecic: Commissioner Winton. would you yield on that point'?
Commissioner Winton: Yes.
Commissioner Tcelc: 1 raised this hef'ore and I know that Mr. Wheeler was there before. I asked
management to come forward. I don't -- see, 1 don't like the way we do our agenda because it
looks like it's a Commission item, Bverylhing is a Commission item, if you watt something
done. When we asked management to do something, I'm expecting management will evaluate it
and come forward. Commissioner Winton is making the point for me, based upon what
Commissioner Regalado has said, and that's it. You gave a wonderful -- you know, you ought to
be -- we ought to pay you to go to law school. as far as I'm concerned. It's beautiful summary.
Beautiful -- but. at the end of the day, you know, as Clara Peller used to say, "Where is the
beef!" You know, we've got a problem. And I think -- and I said this before. i said it in
writing. We need to pass an ordinance that basically is a forgiveness ordinance for certain types
of violations where the City has not done anything for 50 years, and I'll tell you what brought
this to mind. What we did with Eastcoast Fisheries, in my mind, and without regard to
personalities -- and I know theVre difficult personalities involved -- but at Eastcoast Fisheries,
what we did there is something I don't thoroughly understand. if we go through and we find a
building that has been in existence, in operation, with jobs and all of that !or 50 years, and for 50
years we've let thein operate, I don't care how you frame it, it looks like harassment when you
come in and do it. I think we ought to basically do sone type of inspection and we ought to
grandfather, by ordinance, certain types of things where we get into these legal impossibilities
because every one of us want to figure out a way to do it but it's not something that can be done
by the Commission. This is something that the management needs to study. T hey're going to be
all sorts of unintended consequences that need to be analyzed and looked at. And we did this
after Hurricane Andrew. OK. We did, after Hurricane Andrew, sonte ordinances in the County
that basically said buildings that were built before 1950 didn't have to comply with everything
that we're requiring now, because we literally would not -- we could not have rebuilt several
churches. Mount Pleasant Baptist Church is one that comes to mind. Reverend J. C. Weiss'
church -- if we didn't take some corrective actions. And what I'm saying, Mr. Manager, this is
not something the Commission can sit up here and legislate, but this is a wrong, as far as I'm
concerned, that -- for which -- we have some shared circumstances that we need to acknowledge.
77 ,lune 14, 2001
The homeowner -- and it's -- it can't be a one -shoe -fits -all. You all need to help us fashion a
remedy. Just as Benjamin Cardosa used to always say. "For every wrong, there must be a
remedy," and there needs to be some remedies in these areas.
Vice Chairman Gort: Commissioner Teele?
Commissioner Tccic: Yes, sir.
Vice Chairman Gort: Let me ...
Commissioner Regalado: Mr. Chairman, I've got to go, but before you continue. My request
will be to have the Manager study that possibility in terms of an ordinance, and have a
moratorium on this case to see whatever, you know ...
Commissioner Teele: I don't think -- with all due respect, I don't think we can call for a
moratorium. 1 think we can instruct the management to seek and the Attorney to seek deferrals
before the appropriate boards at the request of the Manager.
Commissioner Regalado: No. That there is no -- there is no board. It's a timeline that is running
and then it becomes a nightmare with the fines --
Commissioner Tecle: Is it betbre a board`'
Commissioner Regalado: -- and all that.
Commissioner Teele: is it before a board?
Commissioner Regalado: No, it's not.
Mr. Rollason: Not presently, but if it -- I think what the Commissioner is saying, if it continued
clown the path, eventually it would be before the Code Enforcement Board and then the
financial...
Commissioner Regalado: That's what I'm saying.
Mr. Rollason: Right.
Commissioner Regalado: I'm trying to stop the process so we don't have to untangle ...
Commissioner Teele: You need to be careful though, on that.
Alejandro Vilarello (City Attorney): Commissioner, can 1-- can I simply suggest that you direct
the Manager to look into this and report back to the City Commission --
Commissioner Regalado: On July or whatever time you want.
78 June 14, 2001
Mr. Vilarello: -- before they proceed with any enforcement action?
Commissioner Regalado: 1 don't -- 1 just -- you know, I just -- I think, you know, everybody
here ...
Commissioner Teele: I second the motion.
Commissioner Regalado: We --
Commissioner Teele: Go ahead.
Commissioner Replado: That will be my motion.
Vice Chaimian Gort: You're going to be late.
Commissioner Regalado: Yeah, I know.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 01-577
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
REVIEW ALLEGATIONS OF IRREGULARITIES IN CODE ENFORCEMFNT
OF A CODE ENFORCEMENT ISSUE WITHIN THE SHENANDOAH AREA
AND RE -PORT TO THE COMMISSION IN CONNECTION WITH SAME ON
THE JULY 10, 2001 CITY COMMISSION MEETING AGENDA.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Let me add a little something. Well, you're going -- you can -- I've lived in
the same house for 38 years. About 10 years ago, somebody brought the property behind my
yard, and you know what'? My barbecue roof is right over the line. When we went to the bank,
79 ,lune 14, 2001
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D
it was done legitimate. What happens is, way back, when they -- this same man that built all
three houses was the owner of Lindsey Lumber. They were not plotted. When they replotted,
they replotted that way, and there's nothing they could do about it. When you look -- especially
in some of the old neighborhoods, a lot of the old neighborhoods, people are not rebuilding
because the new codes will not allow them to maximize in the use of that land. So, somehow,
when we do the master plan and we do the research in the different neighborhoods, we have to
look at that and see what we can do in that because a lot of things that -- and then, if they're
historical buildings, then let's try to help them to bring it back so we can bring our
neighborhoods back into compliance and make it look beautiful again. But a lot of our
neighborhoods, 1 can tell you, people are not investing their money and people are not building
because, according to the new laws and the newordinance that we have, they cannot do
anything. OiC. Thank you.
[At this time. Commissioner Regalado left the Commission Chambers at 11:50 a.m.]
Mr. Gimenez: Yes, sir. We will -- we'll also, you know, consider what Commissioner Teele said
something about an ordinance giving clemency, I guess, to structures that have been there for a
long, long time. One final thing, though. There are some codes that we can do something about.
Thcre are other code that we can't do anything about.
Vice Chairman Gort: No. We understand. The South Florida Building Code is something we
cannot do, but maybe we can look at it.
Mr. Gimenez: Also, there's things like ADA (Americans with Disabilities Act), which is a
federal inundate, which does grandfather things and so we -- things are enforced into compliance
because of the federal guidelines. We had nothing to do, but we have to make sure they're in
compliance.
Vice Chairman Gort: Right.
Commissioner Winton: But I don't think we're looking at those kinds of things.
Vice Chairman Gort Right.
Commissioner Winton: I think we're looking at these kinds of things where government really
screwed up roya)ly years and years and years ago. Government further lost all the records so we
can't figure out what really happened and who did what over time, and then we're going to make
the current people tear part of their house down. I mean -- and that's -- you know, that's a tough
pill to swallow.
Mr. Gimenez: And that's what we'll look into, to see if we can clear those things up.
Commissioner Tcele: And, see, I don't -- and, Mr. Attorney -- and this instruction is to be to you
an the Manager jointly -- because I can tell you right now, we can simply say or at least attempt
to say that if there are no official documents and records, then Code Enforcement action cannot
80 June 14, 2001
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be pursued. I mean -- you know, we can change the evidentiary standard. We can set the
evidentiary standard, I would suppose. I would suppose.
Mr. Vilarcllo: You can probably dictate the presumptions that you -- you assume there's a
presumption of correctness ...
Commissioner Teele: We can change the presumption, which changes what can be enforced and
can't enforced. But those are the kinds of remedies or we can refer those, where records are not
referred, to a presum -- to a different standard, but the fact of the matter is, is that, you kno% --
what bothers me most about this is what he didn't talk about and that's this. When you're used to
being in uniform, as I was, you have to set up systems to safeguard against abuses. People who
have uniforms and badges take on an additional heir of authority. It's a personality thing. I
mean, it's a human trait. I wouldn't care if it was someone out of an Abbott or a monastery. You
put them a badge on; you give them a uniform; and you expect them to do things differently. But
there has to be some way of ensuring that authority is not abused, and 1 -- one of the thing that I -
- without making any reference to any individual, I would need to understand what is the process
right now that is available to the citizens -- I know we spend a lot of time heating up on the
police and sometimes for good reason and most times for bad reasons -- but the fact of the matter
is, we know there's an Internal Affairs over there. Where's the Internal Affairs for NET
(Neighborhood Enhancement Team)?
Mr, Gimcnez: Internal .Affairs for NET?
Commissioner Teele: Yeah.
Mr. Gimene7: It's Internal Affairs for police if there's some corruption.
Commissioner Teele: 1 ain't talking about corruption.
Commissioner Winton: He's really talking about an appeal process.
Commissioner Tecle: Where...
Vice Chairman Gort: Misuse of power by any NET inspectors.
Commissioner Teele: Where is Internal Affairs -- not corruption, not crime? Where is Internal
Affairs for the people who have these NET badges?
Mr. Gimenez: We don't have an Internal Affairs section for NET. If there's a complaint process.
we follow tip with complaints and then...
Conunissioner Tcele: How do they get followed up''
Mr. Rollason: Administratively, we do. Plus, there is the Code Enforcement Hoard process that
then evaluates those claims that come against her.
81 June 14, 2001
11011M.W
Commissioner Teelc: Well, let the ask ,you this. Here is a written complaint ...
Mr. Rollason: I understand. We're going to look at it.
Commissioner Teele: It's come to our attention. 'Fell me how is this being handled as to the
substantive issues of abuse of power; who's investigating this right now today?
Mr. Rollason: 1 have not seen that document today, but it will come through the process; it will
end up eventually at my desk, and it will end up eventually with the Manager, if there's a
recommendation from that.
Commissioner Teele: I think it's very important that we have a public and a transparent process
that does Internal Affairs for Public Works inspectors, for NET inspectors, for everybody with a
badge, other than Fire and Police, that I assume are already fine. Police, I know, we have an IA
(internal Affairs) process, but we need an IA process -- if it's corruption, we really shouldn't be
investigating it. We should refer it to the State's Attorney, personally.
Mr. Gimenez: They are. That's the way it goes.
Commissioner Teele: But if there are abuses of power, we need a transparent process because
this memo to me -- not to characterize it as being true. I know there are two sides to most stories
and three sides to the rest, but the fact of the matter is, this needs to be investigated through a
transparent process.
Commissioner Winton: Mr. Chairman? And, Commissioner Teele, I think we've all said
basically the same thing and 1 would hate to overreact right now because I think that the
direction that you've given them, until this last sentence, was the correct direction because we've
kind of set the tone and the standard by telling staff that they've got to get out and enforce the
rules and regulations and codes that arc on the books. So, we've said that. They're doing it.
What they're finding now when they're doing it is this whole morass of problems, and I think you
frit the right solution on the nail -- on the head when you said, let them go back and figure -- look
at this kind of global picture here, study it carefully, bring recommendations back to us so that
we can deal with this issue, so that we can prevent people like that from getting caught up in this
washing; machine that churns them up and chews them up and eats them up. So. I hope that you
do that with all due haste so that we don't have to take other kinds of steps that may have
unintended consequences that we're really not looking for.
Vice Chairman Gort: Johnny, let me tell you what the difference is. The difference in life is, it's
not what you say but how you say it. It's a difference when an inspector comes in and tells you, i
I'm going to close you down and the way lie treats you, instead of an inspector coming in and
says, look, you have a problem. Let's work with you and let me tell you what we can do to fix
this problem. And sometimes when we're talking about it -- and I'm telling you, because I
received complaints. When I address it to the Manager and the Manager address it, the person
calls me back and says, "What did you do? The guy came back and told me what I needed to do
and he was so nice. He was --" So, it's a part of attitude and train our people -- you know, we're
82 June 14, 2001
not here to close you down. We're not here to knock your house down. You have a problem.
Let's work with you and let's fix it. That's what we're saying.
Mr. Gimenez: Commissioner, if I may? We -- the administration has given -- you know, it's --
our direction is, we're going to enforce the Code. Now, when you do that, there's going to be
some conflicts, ct cetera. We have also beefed up the areas of NET where they have some
support mechanisms. We want them trained properly; we want them to know how it is that they
go about to enforce the Code, how to treat the citizens. When we get a complaint from a citizen,
we investigate that. if we find that our employee did wrong, you know then he's, you know,
sometimes disciplined or counseled so that, you know, you correct the behavior. We have a lot
of employees. Some are more effective than others. We're trying to bring it up to the certain
Icvel and it's going to take a little bit of time. But we've beefed up that arca so that they get more
training in that ...
Vice Chairman Gort: Well, it might not be the right person to be doing that job and they could be
doing something else. Make more useful in some other department.
Mi. Gintenez: That's correct.
Mr, Rollason: Also, Mr....
Vice Chairman Gort: 1 mean, when you're dealing with the public and when you're dealing; with
this, and especially a lot of times people are not aware -- some of them are. They know what
they're -- they have misused the law and they've done it, but there's other people and we've, seen
that and we -- I like to bring back, again, the problem about the real estate. Before they close the
house, just like they do for the roof inspection, make sure that they don't have any -- because
that's coming a lot, everyday, people buying homes. They already have certain ...
Mr. Rollason: And we recommend to people that they do a records search, besides a title search,
to show those. But, also, I'd like to point out, just like the incident or the situation that we took
care of early this morning, which had a lot of people here, there's spill out that comes from those
things that people will then conk back and supply us with all kinds of leads and when this live
and let live try to attitude that we try to be reasonable with the driveway or something that's been
there for years, our inspectors get caught with the letter of the code and the intent of the code and
we're in that box, too.
Vice Chairman Gort: Frank, I think Commissioner Teele stated it. There're two and three sides
to every story, and you guys know better than anybody else. Anytime I get a complaint, first
thing 1 do, I send a memo to the Manager that says what's happening here? Because 1 want to
make sure we get the right picture. But we need to continue to do what you're doing, train our
inspectors to make sure that we'll work with the public.
Mr. Rollason: We agree with that.
Vice Chairman Gort: Thank you.
83 June 14, 2001
16. ACKNOWLEDGE TRANSFER OF OWNERSHIP OF DOWNTOWN TOWING
COMPANY FROM RACHEL DEL ROSAL TO DAGMAR DEL ROSAL; APPROVE
ASSIGNMENT OF AGREEMENT BETWEEN CITY AND DOWNTOWN FOR PROVISION
OF TOWING SERVICES.
Vice Chairman Gort: Commissioner Teele, one more item, then we can go on to the regular
items. Yours.
Commissioner Teele. I would ask that item number 2, regular item, he brought up as one of my
items, and that's a public hearing.
Vicc Chairman Gort: I know. lie's getting tired. This is boring, isn't it?
Commissionct- Teele: And then I won't take up any more items until after lunch.
Vice Chairman Gort: Item 2.
Commissioner Teele: Mr. Attorney, would you read item number two'?
Alejandro Vilarello (City Attorney): "Chis is an ordinance of the Miami City Commission
amending chapter 2 of the code of City of Miami, Florida, as amended, to create --
Vice Chairman Gori: It's been moved by Teele, seconded by Sanchez.
Mr. Vilarello: -- and establish a City of Miami district S Historic Preservation Advisory Board,
setting forth the board's purpose, powers and duties, providing for the Board's sunset,
membership --
Vice Chairman Gort: No, no. Wail a minute.
Mr. Vilarello: -- terms of office. vacancies, officers, parliamentary authority...
Vice Chairman Gort: Item 2.
Commissioner Teele: It's a regular item.
Mr. Vilarello; Excuse me. Would you like me to read the resolution?
Commissioner Teele: Isn't it a public hearing item"
Vice Chairman Gort: Yes.
Commissioner Teele: Was this advertised as a public hearing, Mr. Clerk? It's a resolution or all
ordinance.
Walter Foeman (City Clerk): It's a resolution.
84 .lune 14, 2001
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Commissioner Teele: Mr. Chairman, all you have to do, I guess, is just open the public hearing.
Vice Chairman Gort: Yes. (INAUDIBLE).
Commissioner Teele: I would move the item.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Any fintherdiscussion".
Commissioner Teele: Subject to the public hearing.
Vice Chairman Gott: Anyone in the public would like to address item 2?
Unidentified Speaker: Is that the amendment for the --
Unidentified Speaker: Item number 2 is on the wrecker service, change of ownership.
Commissioner Teele: Change of ownership of a towing company.
Vice Chairman Gort: OK. Being stone, close the public hearing. All in favor state by saying
.,aye ,
85 June 14, 2001
The following resolution was introduced by Commissioner Tccic, who moved its adoption:
RESOLUTION NO. 01-578
A RESOLUTION OF THE MIAMI CITY COMMISSION ACKNOWLEDGING THE
TRANSFER Of -'OWNERSHIP OF DOWNTOWN TOWING COMPANY ("DOWNTOWN")
FROM RACHEL DEL ROSAL TO DAGMAR DEL ROSAL; APPROVING THE
ASSIGNMENT OF THE AGREEMENT BETWEEN THE CITY OF MIAMI AND
DOWNTOWN. DATED APRIL 4, 2000, FOR THE PROVISION OF TOWING SERVICES
CONTINGENT UPON: (1) COMPLIANCE WITH ALL REQUIREMENTS SET FORTH 1N
THE AGREEMENT BETWEEN THE CITY OF MIAMI AND DUNF. TOWN, (2)
COMPLIANCE WITH CHAPTER 42, ARTICLE' V, OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED; (3) EXECUTION OF AN ASSIGNMENT, IN A FORM
ACCEPTABLE 'rO THE CITY ATTORNEY, FROM RACHEL DEL ROSAL TO DAGMAR
DEL ROSAL; AND (4) THE CITY MANAGER'S EXECUTION OF ANY DOCUMENT (S)
DEEMED APPROPRIATE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
EFFECTUATE. SAID TRANSFER OF OWNERSHIP AND ASSIGNMENT OF
AGREEMENT.
(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: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Tecle, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
86 June 14, 2001
•
17. SECOND READING ORDINANCE: AMEND SECTIONS 2-887 AND 2-892 OF CITY
CODE AND ADD NEW DIVISION 13 TO CREATE AND ESTABLISH CITY OF MIAMI
DISTRICT FIVE HISTORIC PRESERVATION ADVISORY BOARD.
Vice Chairman Gon: Thank ycou.
Commissioner Teele: Mr. Chairman, it's 12:00. Commissioner Regalado is not here and...
Vice Chairman Gort: You'd like to go with your item?
Commissioner l'cele: Huh? I'll just wait. I'll he happy to do it.
Vice Chairman Gori: Let's do it. Get it out of the way.
Commissioner Teele: Motion on the item relating to the historic districts and if the Attorney
would read it into the record, 1 would so move.
Commissioner Winton: Second.
Commissioner Teele: It actually has a companion to it. It's one for District 5 and one for
District 2. Is the companion item available?
Mr. Vilarcllo: It will come at the next meeting.
Commissioner Teelc: OK.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2
OF THE CODE OF CITY OF MIAMI, FLORIDA, AS AMENDED, AS 7'0 CREATF.
AND ESTABLISH THE CITY OF MIAMI DISTRICT 5 HISTORIC PRESERVATION
ADVISORY BOARD; SETTING FORTH THE BOARD'S PURPOSE, POWERS AND
DUTIES, PROVIDING FOR THE BOARD'S SUNSE'C. MEMBhRSlilP, 'I FRMS OF
OFFICE, VACANCIES, OFFICERS, PARLIAMENTARIES, AUTHORITY, RULES
OF PROCEDURE, MEETING. VOTING AND QUORUM, ATTENDANCE
REQUIREMENTS, ADMINISTRATIVE SUPPORT AND COUNSEL, AND MORE
PARTICULARLY BY AMENDING SECTIONS 2-887 AND 2-892 AND ADDING A
NEW DIVISION 13 TO SAID CODE, AND CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
87 June 14, 2001
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was passed on its first reading, by title, at the meeting of May 24, 2001, was taken up for its
second and final reading, by title and adoption. On motion of Commissioner Tecle, 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: Vice Chairman Witiedo Gorr
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regaludo
SAID ORDINANCE WAS DESIGNATED ORDNANCE NO. 12077
The ordinance was read by title into the public record by the City Attorney.
Vice Chairman Gort: OK. There's a motion and a second.
Commissioner Tee1c: So moved, Mr. Chairman.
Vice Chairman Gort: It's already been moved acid second. It's been read. Is anyone in the public
would like to address this item? This is first reading.
Commissioner Teele: Second reading.
Commissioner Winton: Second.
Vice Chairman Gort: Oh, it is second reading. OK. I'm sorry. Yes, mu'am.
Dorothy Jenkins -Fields: Mr. Chairman, members of the Commission, I'm Dorothy Jenkins -
Fields, with Black Archives, 5400 Northwest 22nd Avenue. Yesterday it came to our attention
that the meeting today will he presented for the second and final reading, the resolution that was
just read, which would create and establish the City of Miami District 5 Historic Preservation
Advisory Board, and now District 2, we understand. As stewards of Miami -Dade County's
Historic Preservation for more than 20 years, we, at the Black Archives, arc requesting that this
resolution be deferred for the following reasons: One, the need to present this idea to
neighborhood groups within the district for their support and their input. Again, we heard about
it yesterday for the first time, and Fin very involved with Overtown as Vice Chair of the
Overtown Advisory Board and a member of the Empowerment Zone assembly, and we had no
knowledge of this until it was -- it appeared in the agenda. The second reason, there's a need to
consider how the creation of the proposed boards would interface with existing neighborhood
quasi governmental bodies, such as the City of Miami's Conservation Preservation Board. The
Overtown Advisory Board, and the existing Overtown Mister Plan, which was created for
Overtown through the community process, and includes Historic Preservation. It was, in fact,
88 June 14, 2001
based on historic preservation and the proceedings for the charrette, which created the master
plan, was actually held at the Dorsey house, the meetings were held at the historic Dorsey House.
which is on the national register and also at the Lyric theater, were the event culminated.
Number three, there's a need to inventory historical assets throughout District 5. It is imperative
that the community be heard on this resolution. it would be a travesty of justice for it to pass
without community input. I brought with me just two documents to let you know how -- %%-hat
has been done already. We have the Florida Black Heritage Trail, which the Black Archives was
responsible for, the Dade County sites, and it includes sites throughout the County. We can
leave this with you, and i have copies, so we can pass out to the Commission. And also, this one
I thought would be very interesting to you. This is the Dade Heritage Trail that was prepared for
school children and provides a map of historic sites throughout Dade County. So, we work
more, not .just on Overtown, but all of Dadc County. Let me Just read tills. This poster -- well,
"On February 27th, 1991, at the .Joseph Caleh Center. Metro Commissioner Arthur 'l ecle, Jr., in
conjunction with metropolitan Miami -Dade County and the Dade County School Board and
Bicardi Incorporated hosted a reception and presentation featuring many of the sites included in
this poster. nobby Munford was the researcher and coordinator fair this project and Richard
Johnson was the photographer. 'These photographs at that time %Mere on exhibit at the Black
Archives Foundation, and they now are a part of the collection and are available" Again, we ask
that this item be deferred and that the communities involved be allowed to give input before a
decision is made.
Cb►mnlssioner'Tcele: Mr. Chairman?
Vice C'hainnan Gort: Yes, sir.
Commissioner Teele: Obviously, there's an issue of communication herein, and I must
respectfully ask that we move fonvard with this. This is something, first of all. that was
thoroughly discussed and vetted in three different meetings. A commitment was made -- and if
you go to the transcript of the District 5 public hearing that is required by the CD (Community
Development) process, at the end of the Community Development hearing -- I think all of us
held hearings -- one of the things that the Homeowners Association came up to us and said, is
that there is it aced, a clear need to have more advocacy for homeowner's associations and
clusters of housing that are Spanish mission, et cetera, and that the -- that these units are just
falling through the crack all over the City. As I told Ernie Martin, who was there. as I told Lewis
Pinelas, and others who were there. i can't be responsible for the City of Miami. I'm elected just
to represent District 5. But what 1 will do and 1 insist upon doing is beginning it process to
inventory all of the potential clusters of buildings throughout District 5. And 1 will tell you this,
Commissioner Gort -- I mean, Commissioner Gort, ]'in not really sure still where my boundary is
and your boundary is, but some of the best examples of what we're talking about here is -- I'm
not sure -- I think it's in my district -- in the arca between -- on 36th Street -- between 36th and
34th Street, directly in front ol- Moore Park, has one of the most unique collections of mission
homes, I think, that is anywhere in the entire City. It is these types of properties that we are
hoping to begin it process that we have begun this year with my motion instructing Community
Development, for the first time, to have a grant application process for }-historic Preservation
primarily related to homeowners. Now, this District 5 committee has nothing to do with the
discussions that have been made at -- by my respected citizen of the County and City, Mrs.
89 June 14, 2001
Fields, Dr. Dorothy Fields. Look, one of the biggest problems in Miami has been, everybody
wants w take ownership of things to the exclusion of anything else happening. 'this is not about
the Black Archives. It's not about Overtown. This is about District 5. The -- in fact, the two
hone ownerships that 1 have in my district that arc directly affected are the Spring; Gardens
Homeowner's Association, Mr. Ernie Martin, who wrote this legislation in draft for me, and the
Buena Vista Nomeownership Association, which involves Jim King, the Chairman of the Code
Lillorcement Board, Lewis Porelas, Hattic Willis, and all of' these folks. This is really about
movine Historic Preservation beyond the professional and the traditional advocates that we hear
from on a regular basis, who always arc seeking dollars, but to really trying to empower in
neighborhoods greater support and activities of homeowners and homeowner's associations. in
my district there are at least 10 dif.crent clusters that have been identified, particularly in the
Little Haiti area, East of Miami Avenue, and west of 95, whicli is technically more a part cif
L:dison, where homeowners warn to conte toucther and save about eight to 10 homes. The lower
of this -- and let me just read into the record -- because there's no way I can support deferring;
something that's going to move District 5 forward. The purpose and powers and duty of the
board are to sere in an advisory capacity only and to make written recommendations to the City
Commission with the assistance of the departments of Planning; and 7.oning, Community
Development, Public Works, the Historic and Environmental Preservation Board, the City's
Preservation Officer, and other governmental entities related to historic Preservation in District
5. The board shall not interfere with, impinge upon, or usurp the activities or powers and duties
of the Historic and Fnvironmcntal Preservation Board or the Preservation Officer. Now. I don't
know how you can make this more clear that this is an Advisory Board to me, as an elected
official, to try to make public policy. And 1 think that if there -- the point that Dr. Fields is
making, 1 would he willing to amend this to say one individual nominated by the Overtown
Advisory Board -- has nothing to do with the Limpowerment Zone. and you know 1 don't go for
these g•ovemntent programs that come and go anyway. So, I mean. I'm going to refect that out of
hand, but has nothing to do with the rntpowerment Zone, it they've got some money they want
to give for Historic Preservation, we will welcome their money. As I said to the Knight
F three months ago and a month ago and the other night, ifyou all want to give money,
I'm welcoming it. You'll have a golden silver slipper and red carpet to give us money. But what
we don't need is you telling us what to do, you know, with it. Give us money and give money to
the organizations that need it and what I'm simply saying to Dr. Fields and to anyone else is that
this hoard is an Advisory Board to nic, and will not interfere with or usurp powers and activities
of the legitimate hoards that have been created, and it specifically prohibits that, and that was one
of' the things that we went under. The Homeowner's Associations, quite candidly, are not happy
with that language because they'd like to be more proactive, but what we've done is, we've
limited them in being able to say that they can speak to anyone other than me, as the District 5
Commissioner, or this Commission as a body, and it's very clear that's the only people they
advise. I would be very pleased to add, based upon the input of Dr. Dorothy Fields, one
individual nominated by the Overtown Advisory Board and delete one of the five individuals that
will be appointed by the Commission. l would also point out that the Mayor has an appointment;
the Commission at large has an appointment, and Homeowner's Associations aro basically
represented in this board. This hoard, I would imagine, will be -- wind up being totally
committed to helping; individuals till out forms and applications for historic designation, for
grant money from the state and grant money from the federal government. One of the biggest
challenges, Ms. Manager, Madam Manager, that we have in Community Development and
90 June 14, 2001
•
Planning, the other Madam Manager, is the linkage process between the Planning Department
and the Community Development Department doesn't really exist today. We need to talk about
that. is there going to be an element in the Community Development Department or is it going
to be in the Planning Department for greater assistance? But let me tell you something. We've
got individuals who own homes that we have an obligation to try to get those homes listed on the
national registry. Somebody's got to help them, and this committee, as far as I'm concerned, is
going to help people fill out those forms and help them write grant money. And, so, 1 would
simply ask of Dr. Fields, if there is the inclusion of a representative nominated by the Overtown
Advisory Board as a part of this, would that be helpful in moving this forward -- process
forward?
Ms. Fields: I appreciate your comment, Mr, Commissioner. Let me remind the Commission that
the Ovenown Advisory Board is created by ordinance, by City ordinance. I don't know that any
of the Homeowner's Associations were, but that ordinance says that anything that pertains to
Overtown is to come before that board. I am Vice Chair of that board. This was never
presented. I'm asking you now for an opportunity to present this to our board, to see whether or
not they want to be included. They may -- Overtown may ask to be withdrawn at this point.
Commissioner Teele: I've got a better compromise. You make a good point. I'll amend this to
exclude Overtown.
Vis. Fields: They still -- I cannot do that. I am just one vote.
Commissioner Tecle: Well, I can, as District 5, because then there's no argument. I will amend
this to exclude -- District 5 excluding Overtown, OK. And there's no issue there now. So,
without -- we'll leave it like it is, and then if you all want to be in, we'll put you in. If the
Overtown Advisory Board wants to be in, we'll put you in. But for the time being, to move
forward, we will withdraw Overtown with the boundaries being from 7th Avenue to the railroad
track, from 5th Street to 24th Street.
Ms, Fields: To 21st, I think it maybe,
Commissioner Teele: Twenty-first Street.
Ms. Fields: Yes.
Commissioner Teele: Twenty-first Street. Well, I -- 21st Stroet.
Commissioner Sanchez: Second.
Ms. Fields: Commissioner, I would still...
Vice Chairman Gort: OK. It's been moved and second with the amendments.
Commissioner Teele: As amended.
91 June 14, 2001
Vice Chairman Gort: As amended. OK.
Commissioner Winton: And ...
Commissioner Teele: Excluding Overtown.
Commissioner Winton: May t, Mr. Chairman?
Vice Chairman Gorr: Yes, sir.
Commissioner Winton: And, Dorothy, I'm not sure 1 understand what the Genesis of the
communication problem is. So, I think Commissioner Teele offered up a pretty good
compromise. I'll tell you, in terms of my own personal feelings, I think historical preservation is
an issue that is crucially important to the long-term success of our community, and it's an issue
that this City has frankly, virtually neglected forever, and I'm not blaming anyone that's sitting
here today, nor anyone sitting over here today. It's an historical problem within the City of
Miami, but we've got to address it. And we only have to look at the example that occurred a
couple of weeks ago, where Dr. Jackson's clinic was torn down by a wrecker ball, and 1 don't
care who's to blame. 'rhe fact of the matter is, that forever we've lost a jewel in part of the
history of this community, and we've got to begin to take steps to prevent that kind of thing
happening and those steps come from the policy side of everything. And, so, when
Commissioner Teele introduced this resolution at the last Commission meeting -- and I did
something 1 never do. Never do. I looked at this thing and, on the spur of the moment, I
thought, I want one of those in District 2. When I didn't even know for sure what this was. I
just said, I want one of those in District 2, and Commissioner Teele says, I make the motion. I
seconded it. It passed. And then I was forced to sit back and say, what did I just do? So, 1
called Becky Metcalf. She and sone of her people came over to meet with me this week so that
we can begin to put sonic meat around this skeleton of an idea that I jumped on spontaneously,
which 1 never do. And the reason I did it is because I don't want to see anymore historic
properties or properties of architectural significance within our community torn down. So, I'm in
favor of any step that any of these — of my fellow Commissioners take to begin to grab control
of a process out there that has, with few exceptions, you being one, Becky being another, maybe
three or four other people out there, who have worked their rear ends off to try to protect some of
these things, it's time for us to step up and provide some real support to the efforts that y'all have
undertaken, and that's the reason that I'm supportive of this.
Ms. Fields: And we, of course, appreciate that. But I think we arc missing something here, and
that is, by ordinance, the Ovcrtown board -- Overtown board -- Advisory Board was established,
and 1 don't know whether or not they would agree with this or not. It was just that it was never ...
Commissioner Teele: And if they do agree with it, we'll put them back in.
Ms. Fields: But, Commissioners, it was never presented to us. We never had a chance to
consider it. And, so, I'm asking you, when other things come up, please let us know. I mean, we
meet every month. We meet twice a month.
92 June 14, 2001
Commissioner Tecle. I'm going to be very...
Ms. Fields: And we just need to have the information ahead of time. That's all.
Commissioner Teele: And, again, l want to make very clear. If the Overtown Advisory Board
recommends being annexed into this ordnance. I will immediately proposed an emergency
ordinance to annex you in, OK.
Ms. Fields: And may I ask, when other things come up --
Commissioner Teele: Yes, ma'am.
Ms. fields: -- before thev come up, would you just give us an opportunity to be informed?
Commissioner Teele: I would simply say this. If Overtown is a part of District 5, and you are,
this came up as a part of the District 5 public hearing mandated process. It was discussed. It was
voted upon. It was agreed upon in the Community Development District 5 meeting, OK. And
there is -- obligations go both ways. That discussion was thorough. It was complete. And it was
generated largely by, to be very honest with you, non African American Homeowner's
Associations, specifically, the Buena Vista Homeowner's Association, and the Spring Garden
Association in that. And, so, if the Overtown Advisory Board wants in, they'll have no problem
getting in. All they need to do is a resolution and I could assure you, it will be a unanimous vote
and it will be done at the next available meeting.
Ms. Fields: Thank you.
Vice Chairman Gori: Thank you. The reason -- the main reason I don't have any problem with
this, this is an Advisory Board with a public hearing, where everybody can participate, and they
don't make any final decision. They'll be advising Commissioner five what to do in order to
make it better. Now, let me tell you something. One of the reasons the neighborhoods are
coming back, like Buena Vista, because those -- like we stated before, you knock those houses
down, you can't rebuild the same thing. Call the roll.
Alejandro Vilarello (City Attorney): Mr. Chairman, on the amendment, can 1 get a clarification
of the boundaries?
Commissioner Teele: Seventh Avenue on the west, 5th Avenue on the south, the railroad track
on the east, and 21 st Street on the north.
Vice Chairman Gort: Fifth Street on the south.
Commissioner Tee1e: Fifth Street on the south. Can we call the roll?
Vice Chairman Gort: Roll call.
Vice Chairman Gort: Back at 3:00.
93 June 14, 2001
Zrrl�ar�-
Commissioner Teele: And for purposes of the CRA (Community Redevelopment Agency), well
lake" it up at 2:45 -- well, 3:00, if you'll just let us have five minutes? All right, 3:00. Special
board meeting on --
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:23 P.M. AND
RECONVENED ITS MEETING UNDER THE AUSPICES OF THE COMMUNITY
REDEVELOPMENT AGENCY AT 3:16 P.M., WITIi ALL MEMBERS OF THE CITY COMMISSION
FOUND TO BE PRESENT.
Si4 June 14, 2001
E
•
MINUTES OF THE REGULAR BOARD OF DIRECTORS MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY FOR
SOUTHEAST OVERTOWN/PARK WEST AND OMNI DISTRICTS
On the 14T" day of June, 2001, the Board of Directors of the Community Redevelopment
Agency for the Southeast Overtown/Park West and Omni Districts of the City of Miami met at
City Hall. 3500 Pan American Drive, Miami, Florida.
The meeting was called to order at 3:16 p.m. by Chairman Arthur E. Teele, Jr., with the
following Board Members found to be present:
Board Member Wifrodo Gort
Board Member Tomas Regalado
Board Member Joe Sanchez
Vice Chairman Johnny L. Winton
Chairman Arthur E. Teele, Jr.
ALSO PRESENT:
Carlos A. Gimenez, City Manager, City of Miami
95 June 14, 2001
^18. MODIFY RESOLUTION NUMBERS 01-30,01-31,01-32,01-33,01-34,01-35,01-36, 01-
37,01-38
1-37,01-38 AND 01-39, BY SUBSTITUTING ACCOUNT NUMBERS DETAILED THEREIN.
Chairman Teele: Mr. Chairman, Chairman Gort, could we -- with your permission, could we
convene a very brief meeting of the ...
Board Member Gorr: Go right ahead.
Chairman Tecic: All right.
Carlos Gintenez (City Manager): Mr. Chairman?
Chairman Teele: Mr. Manager. would you just stay right where you are, please, and. Dipak.
would you just take the podium. Mr. Chairman, with your permission, could we just have a brief
CRA (Community Redevelopment Agency) meeting on some technical issues?
Board Member Gort: Go right ahead.
Chairman Teele: Chelsa, I need an agenda. Mr. Chairman -- I'm sorry. Mr. Manager and Mr.
Attorney, pursuant to some scrivener's errors and a litigation that was initiated as Chairman of
the CRA, I called this meeting today for 2:15. The time is now 3:18 to take up three special
items that were agenda. Those three items involved scrivener's errors regarding budget codes
relating to CRA projects. The second item relates to a requested amendment to address un
existing resolution relating to the study that has been mandated by the County regarding the
restatement and the study of the CRA boundaries, and the third item is to receive a report from
the City Attorney regarding litigation that has been initiated against the City of Miatni, and the
CRA. Dipak, would you please explain Item Number 1, which is the scrivener's errors.
It's related to minor budget code designation for previous CRA board resolutions, and would you
provide a satisfactory explanation on the record'?
Dipak Parekh (Executive Director, CRA): Yes, sir.
Commissioner Teele: As to hoN this occurred, and assurances that it won't occur again'?
Mr. Parekh: Absolutely. Good after afternoon, board tnembers. My name is Dipak Parckh,
Executive Director of the CRA. On May 21", the board approved a previously authorized
mandate for consulting services for the Marlins Stadium site location. On that number of
different resolutions, from I through 10, had an account code, which had since lapsed, and
therefore, we are substituting for the South East Overtown Park West Tax Increment Funds. So,
we're moving and changing from the account code, which was used, was 799126.456262.9792
and account code 689001.550108.6270. The sufficient funds are there to actually abate all the
different costs for the consultants.
Commissioner Teele: The issue here is that included in our resolutions, pursuant to board
instructions, are the requirement that the minor code budget code he included, which is a good
96 .Tune 14, 2001
_I6I6Yi-W
requirement. The problem is, is that the wrong minor code was used.
Mr. Parekh: Yes, sir.
Chairman Teele: OK. So, that's the essence of what the request is. And I would ask. for a
motion to approve the scrivener's error.
Hoard Member Winton: So moved.
Board Member Regulado: Second.
Chairman Teele: Objection? Discussion. Commissioner Sanchez.
Board Member Sanchez: No discussion.
Chairman Teele: All right. Is this objection? All those in favor say "aye."
The Board Members (Collectively): "Aye."
Chairman Teele: Opposed?
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO.
SEOPW/CRA 01-71
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY DEVELOPMENT AGENCY
MODIFYING RESOLUTION NUMBERS. 01-30, 01-31, 01-32, 01-33, 01-34,
01-35,01-36,01-37,01-38 AND 01-39, BY SUBSTITUTING THE ACCOUNT
NUMBERS DETAILED THEREIN WITH ACCOUNT NUMBER
689001.550108.6.270.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
97 June 14, 2001
V p bai> t secopdad by Board Mamber lta�alado, tha rcawauO was p "O.:p a,0
ber, Wifivdo Gott
4
Tomas Ragaiado
i ' Gard membar Joe Sa=hoz
Yfco ChOmm Johnny L Winton
firman Arthur E. Teele Jr t,
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98 Juno 14 .2001
•
19. MODIFY RESOLUTION NUMBER 01-51 BY INCLUDING IN SCOPE OF SERVICES
TO BE PERFORMED CONSIDERATION OF ADJUSTMENT OF CRA BOUNDARIES BY
CREATION OF NEW, THIRD CITY OF MIAMi COMMUNITY REDEVELOPMENT
AGENCY, BY DESIGNATING AS ADDITIONAL CONSULTANTS FOR THiS PROJECT
RICHARD JUDY AND GUILLERMO OLMEDILLO; AND BY PROVIDING THAT TOTAL
COST OF ALL CONSULTING SERVICES BE HOLLAND AND KNIGHT LLP, WALLACE
ROBERTS AND TODD, LLC, RICHARD JUDY AND GUILL.ERMO OLMEDILLO FOR
THIS PROJECT SHALL BE S
Chairman Teele: Regarding Item Number 2. We have before us a resolution that essentially is
mandated b} the state law mid the County. As you are aware, the County reviews the budget o1'
the CRA ((1 onimumty Redevelopment Agency) annually, as docs the City. A part of that review
this year includes a review to deterniine whether or not we're operating pursuant to our plan,
which is pursuant to Chapter 103. Mr. Attorney, would you apprise the board of the instructions
from the County regarding Chapter 103. Redevelopment Plan Update?
Alejandro Vilarello (City Attorney): With regard to sonic issues that we brought bet'ore the
County, and changes that we wanted to address with regard to the CRA (Community
Redevelopment Agency), they instructed us -- and it's consistent with the State statute -- the fact
that our master plan had not been revised since, I believe, 1982, and that before they would
consider any of the modifications that we were reviewing, including certain budget approvals,
and inimincnt dornain powers, that they would first need to see a revised master plan approved
by the CRA board.
Chairman Teele: So, at this last board utecting, the CRA approved the master plan. I think
Commissioner Winton had recommended it. Moved it lbrward, and it was not oh.jectionahle at
all. In fact. 1 think the scope of work, which will he on the next board agenda, which is
scheduled. I suppose, for June the 25'x', we will be approving that scope of work of the main
consultants. The purpose of this amendment is to provide for additional instructions to the
consultant to look at the feasibility, of a third redevelopment district, which, in effect, would be
available to the City and the County. Included in the request is a request that two consultants,
specifically, be engaged to look at that phase of the study. Those persons include Mr. Dick Judy,
who has really become an expert in 103 and has a very distinguished record of representing the
CRA as well, as the County, and Mr. Guillermo Olmedillo, who was an assistant -- do we huvc a
resume on Guillermo?
Board Member Gort: He works here at the City. Head of the Planning Department and head of
the Planning Department for Dade County.
C'hairnian Teele: lie worked for the City for how many years?
Board Member Gort: I think over 10 vears.
Chairman I cele: Over Ill years. And tie went on be the County Planning Director for some 10
years. He is now in private practice with the Swerdlow Corporation, and, most appropriately, he
was recently named by the County us their lead person to study redistricting of the boundaries of
99 June 14, 2001
the County Commission. The purpose of ensuring that Guillermo or someone of his capacity is
there is that anything that we do in this arca is going to require the County approval, if artyThing .
A study is a study and a study is not a plan. And what we're doing is to ensure that a plan he
presented to the board to the Mayor -- to the Manager. Now. I want to just say this to the
Commission, because i was the one vote against the Marlins Stadium, wid 1 don't know if the
press is here. They're probably not. This study, if and when this Commission decides to take up
the Marlins Stadium, will be extremely beneficial to the Manager and the Commission. its an
option, as a possible tool in assisting in financing of a stadium. I am telling you right here, right
now, I'm not for the stadium on the river. 1 probably will not vote for the stadium again. I will
he the 4-1 vote again, if it comes up. But this study will greatly assist those that may want to
have a stadium and may want to have a stadium on the river. It doesn't do anything but provide
the nianugenicnt and the Comtnission with an option as to whether or not to do that. And it is
proper1% a part of an updated plan in that those are the parts of the alternative analysis that yot►
go through in updating your plan. Do you create another district'? Do you reduce your district?
Do you expand your district? Those are the things that you do as a part of 163 in updating your
plan. The only thing that I would like to say is that the instructions that 1 am asking the
executive director, if this board approves it, is not to approve or create a district or propose a
district that would be modeled after Omni and Southeast Overtown, but a district pursuant to 163
that would use a different model, more like the DDA (Downtown Development Authority)
model, one that would involve private property owners as well, which is a different model than
one that the City of Miami has. But I'm not prejudging; that we even will propose it or it makes
sense or that we'll do it. but merely the right to study it and to bring it hack to the management
and to the City. Ohviously, the things that should be added to this resolution would be further
requiring that the preliminary report he done in consultation with the City of Miami Planning
Department. And would you accept that as a part of a motion, Commissioner Winton that you
would make?
Vice Chairman Winton: So moved.
Chairman T'eele: With the amendment requiring that the preliminary report he prepared in
conjunction with the City of Miami Planning Department? is there a second?
Board Member Reealado: Second.
Board Membcr Sanchez: Discussion
Chairman Teele: Discussion. Before we have discussion, could we -- I just would like for the
Manager to at least react to it because what we're talking about is something that is riot within the
CRA existing boundaries, under Chapter 163 you are required to study outside of your
boundaries, as well as within your boundaries, at least the contiguous portions to it.
Vice Chairman Winton: Before you ask him to respond, I have a thought about this, and that --
1'm a hundred percent in favor of doing, this analysis. 1 think it's very important and 1 think it's
overdue. 1 think there's been discussion about it in the past and I like the idea a lot. I don't
understand why the City isn't paying for this. Because this is outside the tax increment district of
the existing CRA boundaries, and not just adjacent, but potentially a fair amount outside, and this
100 June 14, 2001
•
is something the City really needs to do this. This study needs to be done.
Chairman Tecic: Well, this is the problem. Johnny, on this. First of all, -%Vrc required to do a
restatement of our existing boundaries. One of the things that you study in the restatement are
boundary adjustments, contractions or expansions, so it's properly something that could he done
there. Can the City do this independently? Absolutely. Could the City fund this even with the
CRA? Absolutely. But the truth of the matter is, given the close relationship between the City
and the CRA that has existed over the last two years, you know, we've never argued about
money because it. un one hand, we're spending money and on the other hand, we're receiving
grant money from the City. So, you kilo%,.-, I would hope that the City would consider, as a part
of the next year's budget, reimbursing for this, but 1 don't think -- you know. this is a -- this is
something we've got to have completed within the next 60 days, at least this part of it, and by the
time we get around and making a budget adjustment and all that, you know, it's the frustration
That we all have about how long it takes studies to get done. So, I would hope that the City would
consider would consider reimbursing for it, and I would hope that the City literally would direct
this phase of the study. Literally direct it.
Vice Chairnan Winton. So would 1.
Chairman Tcele- Mr. Manager, this has not been properly, fully vetted with you. I had an
opportunity, five minutes ago, to discuss it briefly with you. and I know you raised sonic policy
concerns about TIF (Tax Increment Funds), and i think you ••- may be a good time to put it on the
record.
Carlos Gimencz (City Manager): Yes, sir. Thank you, Mr. Chairman. As a general policv, this
administration is not in favor of creating any more TIFs. However, we have absolutely no
problem with the issue being studied, and if there's evidence that says that it makes good sense
for it to happen,, you know, that will he your policy decision as a Commission when you
convene as a Commission. But I'll restate it again. That this administration is not in favor of
creating any more TIFs in the City. There are obvious operational concerns and future revenue
to operations (inaudible).
Vice Chairnan Winton: And I'll tell you. I think that -- and 1 understand where he's coming
from, and Miami Beach is a classic example, where they established a fairly significant number
of tax increment districts, but -- and they recaptured one hundred percent of the increment, and
therein lies the problem. And. so, when we bet ready to deal with this from a policy standpoint,
I'm going to be leaning to -- in a direction that allows the increment district to only capture sonic
percentage. Maybe it's 50 percent. maybe it's 60 percent, maybe it's 40 percent, I don't know.
We have to figure out what the needs are there. And the rest of the increment is captured by the
general fund of the City so that the City can continue to provide the ongoing and escalating
demands on service that Economic Development is going to bring. So, I don't think that, at least
from my view point, I'm certainly not going to be looking; at a hundred percent increment
because 1 understand how that lies the hands of the City to provide very needed basic
fundamental services once economic redevelopment takes oft.
Mr. Gimenez: Mr. Chairman, if I may? And I concur with that. Maybe there is a formula where
I M June 14, 2001
•
we can take care of the infrastructure and also take care of the increasing demands for services
that have to he funded out of the general fund (inaudible).
Chairman Teele. For the purpose of full disclosure - and I know, Commissioner Sanchez, you
want to weigh in on this. For the purpose of full disclosure, the notion of this TiF was something
strongly endorsed and proposed by lormer County Manager Merritt Steirheim. They wanted it
first as a way to pay for the Miami Circle. They wanted it secondarily as a way of paying for the
dredging for the Miami River and I opposed it. I don't know if they've formally -- 1 mean, I've
had two meetings with Merritt. Both meetings were about this Til. If this -- if a district were
formed, I would imagine that there would be at least four infrastructure items that would be
considered for a policy purpose. The first and the tbremost would be the Marlin Stadium or
some type of financing backdrop or guarantees on a secondary pledge basis for that. That would
take three to four to five years before there NVould be any real impact on dollars. So, it doesn't
change the number, but it would release City dollars down the road significantly if it were there.
The second issue is the dredging. The third issue is the Circle and the fourth issue would be the
green ways that we're going to wind up getting hit with anyway. And, so, I think -- you know,
the greenways and the Marlins are certainly justifications to look at this as a way of avoiding --
as away of paying for certain capital expenditures. But I generally concur, one hundred percent,
with cvcrNghing that the Manager lust said, that TIFs generally are not good instruments for
municipal governments, except to carry out a purpose where we know government is just not
going to get around to it, and I think, candidly, the Overtown area is a very clear example of why
you should have a TIF because they'd never get addressed. I think the Omni was done solely for
the benefit of the County, for the perfonning arts stadium, and that's also another example of a
TIF that we ought to try to end as soon as the Bending for the Marlins -- for the Omni. In fact,
we ought to look at how we can bond it -- take it over and eliminate it it and just take up those
dollars and be through with it. So, on the motion. Commissioner Sanchez, you had a concern.
Board Member Sanchez: Thank you, Mr. Chairman. I do have one concern. Within 60 days the
executive director will provide was a report, a primary scope of the budget for the above.
described service. What are you anticipating this costing -- this study's costing? 1 mean, because
you're basically asking me to approve something that just has a dollar sign and a blank sign, and
Pin not comfortable with that.
Mr. Parekh: Board members, we will be coming back again to the CRA board with the full
scope of services, which will be delineated by the number of different partners and consultants.
Chairman 'l eele: In 10 days, on the 25"' of June.
Mr. Parekli: So, you will have that at the next hoard meeting for further discussion.
i
Chairman Teele: This is simply to negotiate a contract and to prepare it so that they can bring it
to us within 10 days.
Board Member Sanchez: For final approval ...
Board Member Gort: It's going to conte back for approval.
102 .lune 14, 2001
Board Member Sanchez: For a final approval from the --
Chairman Teele: Yeah.
Vice Chairman Winton: Right.
Board Member Gott: Right. It's going to come for final approval to us.
Board Member Sanchez: Well, 1 just, you know -- hey, 1 don't feel comfortable with just voting
on something that has a dollar sign and a blank line.
Vice Chairman Winton: I don't blame you.
Board Member Gort: 1 don't blame you. 1 would do the same -- that's why it's coming back.
Chairman Teele: All right. And the only thing that I would also ask that amend, that it come
back to the CRA through the City Manager, within 60 days. In that way, we can ensure that, you
know, we're not getting the first bite, That it come back through the management's office, and
that would be through the Planning Department and the Manager's office. Is there further
amendments or objections?
Board Member Sancho: I would like the resume of that gentleman, which I don't know.
Chairman 'recle: All right. Chelsa, where is Guillermo Olmedillo^ He was the City Planning
Director for 10 years.
Board Member Sanchez: Guillermo Olmedillo.
Chairman Tecle: Olmedillo. Do we have his rbsumO
Mr. Gimenez: You're talking about Guillermo Olmedillo?
Chairman Tecle: Yes.
Mr. Gimenez: OK.
Chairman Teele: Chelsa, where -- these people all hide when there's a meeting.
Mr. Parekh: We will get it to you.
Chairman Tecle: Where is Gloria? All these -- OK. Weil get it today, within a matter of �.
minutes.
Board Member Sanchez: Thank you, ,Mr. Chairman.
103 June 14, 2001
•
•
Chairman Teele: All right. Further discussion? And, Commissioner Winton, I really think, that
as a way of saving money, you should look at using some of the similar services that the County
is using in our redistricting effort, which 1 assume you're looking at as a pan of your Charter
Review because there's only one way to count the numbers, the same numbers. All those in
favor say "ayc."
The Commission (Collectively): "Ayc."
Chairman Tecic: Opposed?
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO.
SEOPW/CRA 0 1 -72
A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") MODIFYING
RESOLUTION NO. 01-51, AS PREVIOUSLY MODIFIED, BY INCLUDING
IN THE SCOPE OF SERVICES TO BE PERFORMED CONSIDERATION OF
AN ADJUSTMENT OF THE CRA BOUNDARIES BY THE CREATION OF A
NEW, THIRD CITY OF MIAMI COMMUNITY REDEVELOPMENT
AGENCY, BY DESIGNATING AS ADDITIONAL CON'SUL'TANTS FOR
THIS PROJECT RICHARD JUDY AND GUILLERMO OLMEDILLO; AND
BY PROVIDING THAT THE TOTAL COST OF ALL CONSULTING
SERVICES BY HOLLAND AND KNIGHT LLP, WALLACE ROBERTS &
TODD, LLC, RICHARD JUDY AND GUILLERMO OLMEDILLO FOR THIS
PROJECT SHALL BE IN AN AMOUNT NUT TO EXCEED S
FURTHER REQUESTING THE CRA EXECUTIVE DIRECTOR TO REPORT
TO THIS BOARD WITHIN SIXTY (60) DAYS ON THE PRELIMINARY
SCOPE AND BUDGET FOR SUCH SERVICES; AND FURTHER
REQUIRING THAT THE AMENDMENT TO THE CONTRACT WITH
DOVER KOHL & PARTNERS AND THE CONTRACTS WITH ALL OTHER
CONSULTANTS ON THIS PROJECT TO BE IN A FORM ACCF..PTABLE TO
THE CITY ATTORNEY.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
104 June 14, 2001
n $4eoan4ed by Hoard Member Reowo, the resolution was passed w4ad 3
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{ "Hoard Member Tomas Regalado5x� K
r board Member Joe Sanchez
vice chairman Johnny L. Winton
Chairman Arthur E. Teale, Jr-w
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June 14, 2001
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20. CAMILLUS HOUSE TO DEVELOP PLAN AS TO HOW THEY WILL UTILIZE NEW
FACILITY SERVICES.
Chairman Tecle: And the final is to receive a report from the City Attorney.
Board Member Regalado: Mr. Chairman?
Chairman Teele: Commissioner Regalado
Board Member Gort: Yes.
Board Aitember Regalado: Before we listen to the City Attorney, on the last board meeting, 1
requested that the CRA (Community Redevelopment Agency) staff will start looking into the
possibility of different sites for Camillus House. You know, if we want to be in on the spotlight,
on the front page, then we will let this go on, but before there is a crisis, we should at least have
some sites and options and possibilities because this is going to be a very controversial issue. and
it's for the CRA to participate and help the City. What the CRA is doing here is helping the City
and helping the City Commission, which eventually would have to make a decision. So, Dipak
is anything that...
Dipak Parekh (Executive Director, CRA): Board Member, we have met with Camillus House
twice, and they are in the process of delineating a number of different sites. not...
Chairman Teele: 'Then what we read the paper is not true. I thought they had designated a site.
Mr. Parekh: Yes, but they were also looking at potentially any other sites within also the CRA
and see whether the CRA could actually assist the Camillus House in locating them within our
particular arca. 1 expressed to thein that, at this particular moment in time, the amount of land
that we're looking for, we're in litigation with a number of different partners. So, therefore, we
could not really make a decision on that particular site.
Chairman Teele: With all due respect, sir. 1 would ask that the issue of the siting for the
Camillus House be a part of the 25`x' agenda.
Mr, Parckh: OK
Chairman Teele: And Camillus House anti that the Camillus House be invited, along with our
lobbyist, a representative. I received a call from Washington -- in fact, two calls from
Washington yesterday from different Congressmen and they -- the Camillus House was in
Washington this week. Congressman Young, Bill Young, who's a veru close friend, is extremely
excited. They're talking several millions of dollars of money, and, in fact, it's my understanding
that our lobbyist or our representative was in their company. I've not received a report from you
or Crum them, hitt Congressman Young's office did report that this CRA lobbyists was there Nvith
them. So, we need to figure out what we're doing. We apparently are doing our job, but
Commissioner Regalado is one hundred percent right, and I personally want to say this. I don't
think we should have the Camillus House anywhere that they're not wanted, and I think we need
106 June 14, 2001
1I1I1Y.1 �y
0 •
to look to try to find unanimous consent of a location.
Bourd Member Gort: Mr. Chairman?
Chairman Teele: Commissioner Mort.
Board Member Gort: My understanding is -- and this is something we've been doing for quite a
few years now. My understanding is, their services and type of service have changed and they're
willing to even make more changes, and when they come on the 2) ", make sure they come with
a plan on how they're going to utilize the new facility they hope to build. All right. I think it
would be very important to know what kind of activities will be taking place because my
understandine is, we've seen the facility been built in different places within the City and so far
they look all right, but I want to make sure we know.
Mr. Parekli: Absolutely.
Board Member Regalado: But, Willy, remember, this is not about the kind of services. This is
about perception, and perception is what creates the crisis.
Board Member Gort: Right.
Board Member Regal ado: I'm telling you that...
Board Member Gort: No. I know that. Believe me, I receive the same phone calls you guys
huve. We all receive the same phone calls and the same -- that's why it's important that they
explain and if there is a perception like -- unfotlunate, something that City of Miami is, you
conic up with an idea and before you can explain what the idea is, there's all kinds of
(unintelligible) different perceptions and rumors going around about how things are going to be.
So, we want to make sure that it's nice and clear and everybody understands because we're going
to have a lot of issues coining up in here that we have to make sure that everyone understand
very clearly.
Vice Chairman Winton: Mr. Chairman, 1'd like to put an issue on the record here about Camillus
House because, if you remember, at the CRA board meeting -- I don't know, three or four or five
months ago -- when the issue of Camillus House first came up, I recused myself from any
discussions about Camillus House. You'll notice I haven't done the same thing ltcre, And the
reason I had to recuse myself in the past is because one of the real estate agents that worked for
WinCo Realty Partners had represented Camillus House in a number of their transactions for
many moons, and, so, we were in -- my company was in a position to make money, so the City
Attorney said I can't participate in any dialogue about Camillus House because of that. When the
particular site that -- and, Commissioner Teele, I'd like you to hear this. When that particular site
was -- that they have under contract was put under contract, it was put under contract with the
realtor who worked for my company. The day that lie told me that, 1 won't tell you what I said,
but I went home. 1 came back the next morning and said, Peter, you have to move your license
away from my company, and that move took a substantial amount of money directly out of my
pocket instantly, and -- but the reason I did it is because I felt very strongly that what the
107 .lune 14, 2001
Camillus House wants to do is going to be good for our community over the long;-term. What
they do today is had for our community. What they're going to do is going to be good for our
community, and i rcalire that I would have to be a leader in this debate on the Camillus House
move and not a Commissioner or a CRA Board Member who had to go to the back room and
wait for the dialogue to be finished. So, that real estate person that used to be employed by my
company is no longer employed by any company and now works for someone else. So, i no
longer have a conflict of interest and no longer have to recuse myself from any dialogue about
Camillus House. And, so, 1 wanted each of you to know that. There are those who have already
called all the media people out there to announce that I have this great conflict of interest and i
just wanted you all, as individuals, to understand very clearly where that position is.
Board Member Regalado: So, you are tile...
Vice Chairman Winton: Well, just a few...
Board Member Regalado: You are -- so, .lohnny, you are the first casualty, but not tite only one.
Chairman Teele: Well, we need -- we've got a long agenda, but I want to ,just say this. i really
do think that what the Camillus House is doing now is total'y different from what they've been
doing, and if there is an appropriate area in the district that I represent, I'm going to say it right
here right now, I'm not going to object. If there is an appropriate area. i think, however, that in
sitting the Camillus House, where the CRA has tremendous powers outside of our district, under
the state law, we have authority to go outside of our district as it relates to relocation of entities
that are in our district. The CRA should be extremely positive, but I do think we should seek a
location that has unanimous consent of the CRA board and the City Commission board if
possible. And I think that should he the instructions to the Director that we should work toward
finding unanimous consent on that.
Board Member Regalado: Mr. Chairman?
Chairman Teele: And 1 don't object in my district as long; as it's an appropriate location.
Vice Chairman Winton: Nor in mine.
Board Member Regalado: Mr. Chairman, what 1 said several -- what I said several weeks ago in
the meeting; is that the CRA should help Camillus House. I mean, the tact that a particular site
seems to be controversial, doesn't mean that we don't want Camillus House. We do and the CRA
has the resources and the manpower -- and this is why I requested that the staff will look into it.
And, Dipak, 1 really urge you to come up with something. Is it June 25`x' or...
Chairman Teele: .lune 24"' or the 25`x'. Monday.
Board Member Regalado: ,lune...
Chairman TeeIe: Monday, June 25".
Board Member Regalado: So, we know because we need to know.
108 June 14, 2001
Chairman Teele: All right. And the resume of Mr. Olmodilio has been passed out and it reflects
that he has a very distinguished record in Housing in Venezuela from the -- appears to be 167
tbraugh'80 and from '85 to 95, he worked for the City as the Chief of Zoning and Neighborhood
Planning and as the Director -• Deputy Director and Director of Planning and Zortin& and that he
was the Director of the Department of Planning, 'Development and Regulations at the County.
So, I just want to put that on the record since it was raised.
toy June 14, 2W
21. CITY ATTORNEY TO PREPARE RESOLUTION RELATED TO CURRENT
LAWSUITS BY IVI1AM1-DADS COUNTY AGAINST CITY, TO PREVENT FURTHER
DIALOGUE BETWEEN MANAGER AND ATTORNEY OF CITY WITH MANAGER AND
ATTORNEY OF MIAMI-DADE COUNTY EXPECT FOR MATTERS PERTAINING TO
LAW AND ORDER, ANY EMERGENCIES, AND SERIES OF OTHER MATTERS.
Chairman] cele: Mr. Attorney. and we need to ret out of here.
Alejandro Vilarello (City Attorney): Mr. Chairnnan, you asked me to present a report to the (RA
(Community Redevelopment Agency) board with regard to litigation that was commenced by
Miami -Dade County. Miami -Dade County filed a lawsuit on June I I'h -- that was Monday --
against the City of Miami and the CRA seeking to extinguish the interest of the Ctty and the
CRA anti three lots in the Overtown Park West community redevelopment pr(lect. These
parcels are blocks 36.45 and in 56-N. I don't have a document to show you exactly the location
of those lots. The complaint further claims that the development did not timely ensue and that
the parcels needed to automatically revert to Miami -Dade County. There are significant factual
issues involved in this case, including the significant improvements and dollars spent by the City
and the CRA to improve those lots to the current condition, and to the extent that they area part
of two developments that had taken place on that property, which have not gone through,
through no fault of the City or the CRA, and obviously it's at a very early stage in the litigation.
We have significant defenses to the County'~ claim and we'll pursue those defenses.
Chairman Teele: Lander the law, does the County have the duty to arbitrate before they file a
lawsuit"
Mr. Vilarello: Florida Statute requites the County -- any local government that is intent on
entering into litigation with another local government to first notify the other government anti
enter into a mediation process in order to avoid the unnecessary expenditure of attorney's fees.
Dade County has, in the past, failed to comply with that. There are attorney's fees that are
chargeable to a party of local government that does not do that.
Chairman Tecle: So, if we go out and hire lawyers, the -- it is probable or possible that the legal
lees would have to be paid by the County as a result of failure to comply with that statrne''
Mr. Vilarello: With regard to failure to comply with that statute, not necessarily with regard to
thein (inaudible) litigation.
Chairman Toole: Well, I would hope that we would have a battery of lawyers ready for a board
approval of June 25, as it relates to the CRA on the matter. And it would be my intent in the
context of a Commission meeting to instruct you to prepare a resolution to be acted upon today
that, in effect, creates it circumstance where the Manager and the attorney will work with the
Manager and attorney of the County, and that expect for matters of emergency that there will be
no further discussions with the two staffs. You don't sue people and then talli about how you can
work together, and -- I mean, I'm willing to exempt the Marlins Stadium. The Marlins Stadium
discussion on that, but as far as I'm concerned, except law an order matters, public safety
matters, and a series of other matters, including the Marlins Stadium, we need to just basically
110 June 14, 2001
pull up the drawbridge and say we're not going to talk because you're not going to suc us -- this
is the second lawsuit, and one thing is for sure, the County is serious. We're talking. And, so.
this is a CRA meeting, so we should discuss it in the context of a Commission meeting later on
today, but I'm going to ask, Mr. Attorney, you prepare a resolution that prevents a whole lot of
dialogue on a lot of stuff and that we could basically get ourselves focused on what's in the best
interest of the City because it's clear to me that the County is doing what's in the best interest of
the County. Arc there any other matters, Mr. Director, to come before -- and will we have the
agenda packets out as well -- ahead of time for the -- for Commissioner Sanchez and the board?
And it's going to be a financial meeting primarily, is that right'?
Dipak Parekh (Executive Director, CRA): Primarily, it is, yes.
Chairman Teele: OK. Consistent with the mid -year adjustments. Thank you very much. Are
there any other matters to come before the CRA? If not, the CRA meeting is adjourned and
thank you very much, Commissioner Gort -- Chairman for allowing us to take up...
Board Member Gort: My pleasure.
III June 14, 2001
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11
•
•
22. TABLED: STATUS REPORT ON CIVIL SERVICE BOARD, CODE ENFORCEMENT
BOARD, EQUAL OPPORTUNITY ADVISORY BOARD, AND CULTURAL AND FINE
ARTS BOARD (SEE NUMBER 24).
Vice Chairman Dort: Now we'll now fret hack to the City Commission meeting. The first order
of business, we're going to he -- hear the report from the Civil Service arid they're Poing to be
nice and brier and ...
(Jerald Silverman: Yes. Ciood afternoon. We will be brief'. I'm Gerald Silverman. Fill the
Chairman ol` the Civil Service Board. With me today is Frankie Rolle, and Mani Garcia, who
are members of the Board. Also. Priscilla "Thompson, who's the Executive Secretary, and
Rajee\, who is (lie summer intern, We have a presentation and 1 will do it quickiy First of all,
tum the page. The mission of the Civil Set -vice Board is to ensure that City employees in the
classified service are hired, promoted and retained based upon merit, efficiency, character and
industn, and not political patronage. We are the watchdog for the fair and consistent application
of Civil Service rifles and regulations for the benefit of the City of Miami employees,
administrators, and residents. The system was -- Civil Scnvice Board was adopted many years
afro. It's a par! of the Charter. section 30. It was originally created in 1921. We have passed the
day-to-day rianagerial responsibilities to the Department of Human Resources. On the next page
is an organizational chart. On the left you'll sec the City -- the Civil Service Board. The
important thing is, the Civil Service Board answers to the Commission; does not answer to the
City Manager or to the administration. 'The next page. The make-up of the Civil Service Board.
The Board's made up of five members; three are appointed by the Commission; two are elected
by City employees. Lach member serves a two-year terni. Elections on odd yeais and the
elected officials become members after this board -- atter the Commission approves and
confirms them. The menthers of the Board receive a salary of three hundred dollars (1000) a
month. Next page, we have pictures of the current Board members. I'm the Chairman, Frankic
Rolle, Many Ciarcia, who are here, William Scarola, and 'Mariano Cruz are the other Board
members. The Board has three function: Administrative, legislative, and quasi judicial. The
I�gislative function is to amend, repeal or to supplement the Civil Service rules, to adopt new
rules, and all the rules are subject to approval by the City Commission. Daring the past livc
years, we've had six public hearings concerning rule changes and they have been adopted.
During the past five years oil the administrative function. we had 571) personnel matters. W'e
have a breakdown on the presentation of the various types of matters. 1 won't go through each
one. The major function of the Board is the quasi-judicial function. which means we act sort of
like a court, and we hear matters concerning various niles, I3, 14, 16, and 17, unsatisfactory
service ratings, dismissals, suspensions, demotions, resignations, grievances and abuses, and
prohibitive practices. During the past five years, we had a total of 64 hearings, and there's a
breakdown here. 1 won't go into that. On the next slide, it's interesting for you to note that an
employee who receives an unsatisfactory service rating must come before the Board. During
that time• we've only had three employees who have come before the Board. 7 he Board has
approved the unsatisfactory rating of each and every one of those three. In those cases, the
Board's decision is final. There's nothing that goes to the City Manager. The City Manager, on
the disnnissal,'suspensiou, demotion and resignation, the City Manager has to consider our results,
and then -- there were 48 cases and we have a breakdown. Thirty-six times he concurred with
(lie Board, eight times and so oil. Now, we have a slide, which I think is an interesting slide
113 .lune 14, 2001
0 •
concerning rhe voting record. The Board, as 1 told you, is made up of five members, three are
appointed by this Board and two are elected. In the cases, approximately 59 percent of the
charges, the employee was found guilty. Approximately 41 percent of the cases, the employee
was found not guilty. Now, to any one particular employee, that's his case, but overall, over file
five years, this has been the voting record of the Board: 59 guilty and 41 percent not guilty,
Now, these cases are conducted in two parts. The first part is whether the employee is guilty or
not guilty of the charge. If the employee is found not guilty of the charge by the Board, that is
the end of the case. The City Manager has no authority to overrule the Board. However, if the
employee is found guilty of the charge -- in many of these cases, they're multiple charges. if the
employee is found guilty of any of the charges, then we go into the second part of the case, we
call that the penalty phase. It's almost like a murder case, where first you find them guilty or 1101
guilty of murder, and if the criminal is round guilty of the murder, then you go into the penalty,
should he get life or should he get the chair or whatever. On the penalty portion we've had 48
hearings, and those cases are all subject to the City Manager's approval. We only make a
recommendation as to the penalty. The City Manager has final authority. And in many of the
cases, the Board has reduced the penalty and the City Manager has sometimes agreed and
sometimes not agreed, and we have the percentages there. Now, it's interesting that we have a
breakdown here by members because I know some people ...
Vice Chairman Gort: Let me stop you for a minute.
Mr. Silvennan: Yes.
Vice Chairman Gort: Let's go hack -- two slides back.
Mr. Silvennan: OK.
Vice Chairman Gort: To the ones that's stating the difference between your decisions and the
Manager's decisions or the Director's recommendations and you do not upheld the director's ...
Mr. Silverman: OK. Well, first let me tell you again, if the employee's found not guilty, the
Manager has no authority to do anything.
Vice Chairman Gort: No. I understand that.
Mr. Silverman: if he's found guilty, then we make a recommendation as to what penalty, and ill
those cases ...
Vice Chairman Gort: I understand that, but the cases that the -- the director will send a case or
suspend someone or take action against someone, they appeal to ,you, and you do not uphold the
director's -- it's my understanding, it's a wide percentage?
Mr, Silverman: Now, on these, where we have recommended a penalty that is less than what the
Department Director has recommended --
Vice Chairman Gort: OK. Now, my question
114 June 14, 2001
Mr. Silvemtan. -- those are the numbers.
Vice Chairman Gort: 1 have a question.
Mr. Silverman: Yes.
Vice Chairman Gort: The question is, is there any specific reason why that takes place and if
there is, I'd like to -- our administration to know, to make sure the director's or whoever's filing
the complaints are aware. Because my understanding is, in the past we had an employee that
should not be working for the City but, unfortunately, because of the lack of paperwork, they
continue to work. And l think, somehow. that has to be passed on to the director of the
department, that the paperwork is done correctly and documented so this could not happen.
Mr. Silverman: Well, there's no question. It's difficult to suspend or demote or terminate an
employee. That's what Civil Service is all about.
Vice Chainnan Gort: No. I understand. But Civil Service also should be the right to the person
to perform.
Mr. Silverman: Yes. But what our Board does is -- we're like a court, like a judge. We listen to
each case and we decide. Now, it's incumbent upon the administration to bring the charges and
to prove the charges, and, as it turned out, the previous log shows that about 61 percent -- 59
percent of the cases, the employee's found guilty; 41 percent are not guilty. Now, there is a
deviation on the penalty. The Board has frequently recommended a reduction in the penalty
from what the Department Director does, and, in those cases, that's up to the Manager. He can
follow what we recommend or he doesn't have to follow what we recommend on the penalty.
For example. if somebody is suspended for 20 days, after we hear the case, we find them guilty,
but we say, "We think 20 days is too much; should be 10 days." Then it's up to the Manager to
decide, "No. I disagree with you, it should be 20 days. I'm going to follow the Department.
Director," or Ire can say, "I've looked at the record and I think you're right, 10 days is proper."
But that is strictly up to the Manager, not up to the Board.
Vice Chairman Gort: Jerry, is there any way that that could be standardized so that it would not
go into those conflicts?
Mr. Silverman: Well, the Manager doesn't want to give up that authority, I don't believe, and the
way it's set up right now, we don't have final authority. In fact --
Vice Chainnan Gort: No, but I'm talking about the penalty goes...
i
Mr. Silverntun: -- there was a move to take away our power, whether the employee's guilty or
not guilty.
Vice Cllairmdn Gort: But if you find them guilty, the penalty should go according to whatever
the penalty was, whatever the misconduct was.
115 June 14, 2001
11111A ".72
i 0
Mr. Silverman: Well, if you want to take away the discretion of the Board as far as the penalty --
but let me point out that we only make a recommendation. We don't -- the Manager does not
have to follow what we do. if you think we're too easy or he thinks we're too easy, he doesn't
have to Follow us. He can say, you guys are too soft. Instead of 20 hours, it's 10 hours. Well,
you're wrong. And he can make it 20 hours. We have nothing to do with it. We only make a
recommendation, so ...
Commissioner Sanchez: So, he could override your recommendation.'
Mr. Silverman: After the penalty.
Commissioner Sanchez: After the penalty only, yes.
Mr. Silverman: He has final authority on the penalty. We may be too soft and some people may
feel that way, that there're some employees on the Board and, therefore, we're pushovers, but he
doesn't have to follow us. So ...
Vice Chairman Gort: I understand, but what I'd like to -- and this is for the future -- food for
thought: Sometimes politics and sometimes friendships can determine in certain rulings is up or
down, but if you have certain standards, then it will be very difficult and you bring it back to us.
I mean, we make the final decisions here.
Mr. Silverman: Yeah. Well, that is really a legislative issue --
Vice Chairman Gort: Right. But I --
Mr. Siverman: -- whether he's not -- you want to take away the authority of the Manager as to
the penalty.
Vire Chairman Gort: I'm just giving you some food for thought. Because if we standardize this,
why does two people commit the same fault or whatever you want to call it, why should one he
less and the other one more than the other? It should be the same, all the standards.
Mr. Silverman: OK. Let me just run -- there's some -- on page 20, did we do that one already?
Page 20, there're some questions about whether the employee members are softer than the"
appointed members'? And that slide shows that on -- 60 percent of the guilty was by the
appointed members and 59 percent were by the employee members, so it's almost the same. I
don't know if I made that clear. There're three members ..,
Commissioner Winton: Well, give me an example because I can't read the right hand because
my -- so, 1 need glasses. �.
:Mr. Silverman: OK. Well, it says guilty: appointed members, average 60 point 98. We're on
page 20? That means, of those guilty, 60 percent -- 61 percent of the time the appointed
members -- it's almost the sante. This is on page 20, Mr. Winton. So., on this chart it shows that
116 June 14, 2001
• 0
of the Board members, there's consistency between the employee members and the appointed
members. OK. Page 21: We had -- these are grievances. Now, again, we hear grievances --
these are grievances filed by employees against their Department Director or the Manager. We
make an investigation; we make a hearing; we have a hearing, and then we make a
recommendation. We do not have final authority. We only recommend to the Manager what we
think is a proper decision as far as the grievances. And you'll see on the next page, page 22, of
the grievances that we heard, which are charges by the employee of violation of Civil Service
rules. The Board has ruled Sl percent in favor of the employee kind 48 percent against the
employee grievance. So, it's about half and half. Now, on the next one, you will see something
different. On those grievance matters, the appointed members, the three of us, have voted 68
point 9 percent in flavor of the employee and 31 percent against, but the elected members have
voted 96 percent in favor of the employee and 3 point 8 percent. The next page, we have the
Hoard members. We have pictures. Mark Valentine is the general -- is the special counsel for
the Board, appointed by the Commission.
Commissioner Winton: Hold on.
Mr. Silverman: Yes. I went too fast.
Commissioner Winton: Why don't you go through that again. Sixty-eight percent ...
Mr, Silverman: Well, let me tell you what a grievance is. An employee's unhappy with his boss.
You shifted me to another job, You did something. You violated the rales. He comes down and
he says, "I'm unhappy with what's happened to me. You've moved me into a position 1 shouldn't
be in" and lie asks for a Board investigation. After we make a preliminary study of it, we either
decide to have an investigation or not to. If we have an investigation, we hear it and then we
make a report to the City Manager. That report is our recommendation. We've heard the
testimony of the people, we've heard the grievance, and we think the employee was right or we
think the employee's wrong. If the employee's right, we think -- here's what should be done to
resolve it. Promote him; give him more money; transfer him to another joh, whatever -- then it's
up to the Manager. We only reconunend. Now, this chart shows that the appointed members
have voted in favor of the grievance, the employee, 69 percent; and the employee members have
voted differently. They voted almost always for the employee.
Commissioner Winton: So, it seems to me that that suggests one of two things: That there is
tremendous -- either that our management staff is really very poorly trained or that there is huge
bias on the part of Civil Service towards the employee in grievances.
Mr. Silverman: Well, there're only 13 cases --
Commissioner Winton: Oh, in total?
Mr. Silverman: --over the five years.
Commissioner Winton: Oh, goodness.
1 l 7 June 14, 2001
.19001110
i
Mr. Silverman: So, don't make this into a...
Commissioner Winton: Never mind. All right. Thank you.
Mr. Silverman: This is not a major ...
Commissioner Winton: I just take it all back.
Vice Chairman Gort: Keep going.
Commissioner Sanchez: How many cases you think, Johnny?
Commissioner Winton: I -- well, over five years, I figured there's tons of them. All right.
Mr. Silverman: Thirteen on abuses.
Commissioner Sanchez: Our employees are happy. They don't file any grievances.
Mr. Silverman: Yeah.
Commissioner Winton: All right. Never mind.
Vice Chairman Gort: All right. Let's go, let's go.
Commissioner Winton: Keep going.
M. r. Silverman: All right, We have the pictures of the staff on page 24. Priscilla Thompson's
done all the work here. And let me tell you a little about what the Board -- what the staff does.
They provide administrative services for the Board; they provide information; they maintain the
agendas, the minutes, the records. She has been with the Board for a number of years. She does
a fabulous job. I've been very fortunate. I've been on the Board many years and Priscilla
Thompson, Judy Carter have been basically the two administrators and they've been fabulous.
The special counsel, Mark Valentine, prepares all the legal opinions; prepares the findings of
fact, inducts the preliminary investigations. The staff has made a couple of brochures this year;
has done a lot of studies. The Board -- the staff is very active. I won't go through each one of
these. The Board meets twice a month. They periodically have worksheets -- workshops. If I
could answer any questions, we have two Board members here who -- you're welcomed to ask
them questions, how they like the show or anything.
Commissioner Winton: The show was great.
Vice Chainnan Gort: Well, thank you. We appreciate it. And...
Mr. Silverman: OK.
Commissioner Winton: Actually, I thought -- I think the presentation -- I'm sorry.
118 June 14, 2001
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Commissioner Regalado: .lust a -- I've got a question. Just -- when you decide, as a Board, to
request an investigation of one case or the department or whatever, what is the power that ,you
have; who do volt request it to, the Police, the Manager? What's the process'!
Mr. Silverman: Well, the employee, if he's a police officer, comes in and complains. For
example, 1 was transferred from "A" shift to "B" shift and i shouldn't have been. After we have a
preliminary investigation, we think there's something there, then we have a hearing. At that
time, the police officer comes in. Fie can bring in or subpoena any witnesses he wants to. We
have a court reporter there and we "raise you're right hand. Swear to tell the truth." We have --
take testimony. Then the Police Department would bring in their people and they would tell
their side of the story and then. at the end, the lawyer for the employee -- usually it's a union
lawyer -- would make a final argument and the Assistant City Attorney would make our
argument and then the Board would decide. If the Board decides that there's merit to this, then
the Board would consider what remedy and then we would file a report with the Manager. The
Manager can decide what he wants to do; whether he wants to follow what we did or not.
There's -- that's up to the Manager.
Commissioner Regalado: Thank you.
Mr. Silverman: And the grievance hearings are conducted the same way. It's ,just like a court.
We have a court reporter, we have lawyers, we take testimony, there're objections. I'm the
Chairman. I rule on the objections. 1 play judge. Just that way. OK. Priscilla, you want to say
something?
Priscilla Thompson: Commissioners, if 1 might'' If you'll indulge me just one second, I really
would like to make a special acknowledgment.
Vice Chairman Gort: Excuse me. You are'
Ms. Thompson: Priscilla Thompson, Executive Secretary, Civil Service Board. You're aware of
the fact that we have a Summer Intern Program and this is the third year of that program, and
we've been fortunate to participate each year in the program, and 1 really think I need to do this.
Mr. Rujccv Nasta is our summer intern from last year. He's the one who actually developed the
Power Point presentation for us. He was paid for his work last year and this your he was good
enough to come and volunteer his time to refresh our presentation, and 1 thought it was very
important (fiat you know that and to know how well our Summer Intern Progran► is working.
Thank you.
Commissioner Winton: Well, I wish I would have said --
I
Vice Chairman Gort: Well, thank you.
Commissioner Winton: -- what i was going to say ahead of time because 1 was going to say to
Gerald, I thought this presentation is really very good and informative, and, so, thank you, Mr.
Summer intern.
119 June 14, 2001
�III�Yl3�ii.-
Vice Chairman Gort: Job well done. Thank you.
Mr. Silverman: 1 wanted to say one thing. When 1 went to turn my back, Mark came in. Mark
Valentine is. the attorney for the Board. I also make a little pitch here while I have a chance. l've
been on the Board, I don't know, about 25 years. About eight years ago you passed term limits,
which said that you can only serve eight years and this is my eighth year. So, unless you want
to waive it, l think this will be the end of my career.
Vice Chairman Gort: I don't think that's applied to the Board members.
Mr. Silverman: Take a look. I think so. You can change it.
Vice Chairman Gort: I don't think it applies to the Board members.
Carlos Gimenez (City Manager): I know one thing. When I first walked in here as a fire fighter
25 years ago, Mr. Silverman was sitting on that Board.
Vice Chairman Gort: When 1 used to visit Miami as a little kid, he was sitting on the Board.
What are you talking about! Thank you. (Inaudible) wife. I went to school with his wife at --
OK Thank you, sir. Appreciate it. We have the auditor's report? Get this out of the way and
that's it, well get going. Thank you, Gerald Thank you, Board Members. Appreciate it.
120 June 14, 2001
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23. CITY CLERK TO RESEARCH PUBLIC RECORDS AND PROVIDE COMMISSION
WITH COPY OF TRANSCRIPT WHEN SELECTIONS OF EXTERNAL AUDITING FIRM
WAS AWARDED, WHEN SAID CONTRACT WAS ALSO EXTENDED TO KPMG;
MANAGER TO REQUEST OF OVERSIGHT BOARD TO PROVIDE SOMETHING IN
WRITING REGARDING THEIR VIEW AS TO RETAINING EXTERNAL AUDITOR'S FOR
LONGER TERM FOR PURPOSES OF STABILITY.
Donovan Maginley: Thank you. Mr. Chair, Commissioners, Mr. Manager. My name is
Donovan Maginley. I'm with KPMG (Klyneld, Peat, Marwick, Goerdeler), Senior Management
on the audit engagement. I just want to take a few minutes of your time to talk briefly about the
results on the audit. 1 have -- we have issued -- and I hope you have a copy of it -- the
management letter that was delivered to each Commissioner -member in the last couple of weeks.
Vice Chairman Gort: I he audit report'? It's on my desk. It's two little books that says "PMG"
(INAUDIBLE). They're on my desk. Thank you.
Commissioner Teelc: Was it delivered through -- is it a part of the agenda packet?
Mr. Maginley: I'm not sure, but 1 --
Vice Chairman Gort: No. It was delivered before.
Commissioner Teele: Well, you know, let me tell you something, sir, with all dire respect: we
get so much in our offices --
Mr. ?Maginley: 1'ep.
Commissioner Teele: -- that, if this is going to be on the agenda, it really should come through
the Agenda Coordination Office and should be made a part of our agenda package.
Mr. Maginley: We were notified by -- I'm sorry. OK.
Carlos Gime11e7 (City Manager): if you so desire, sir, we can reschedule this to July 10th and put
it part of the agenda.
Commissioner Teele: 1 really would. 1 mean, given the history of the: City and given the one
thing that we ought to he doing, I have not reviewed the management letter. I did not -- I thought
you were going to give it out to ...
Mr. Maginley: OK,
Commissioner Teele: I thought you were going to give it out to ...
Vice Chairman Gott: ,And I'll be frank. I've known it -- I had it on my desk and I've not had a
chance to go through it and I think we all should read it before you ...
121 Junc 14, 2001
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Mr. Gimenec: OK. Very well. We'll reschedule this for July 10th.
Mr. Maginley: In the meantime, I just want to mention, as the letter indicated, we'll be happy to
meet with you one-on-one at your request and convenience to discuss it prior to any -- prior to
July 10th. So, you can utilize that feature, please.
Commissioner Teele: May 1 ask one thing. Now, I remember the controversy about your
contract, and I fought against Commissioner Plummer to get it renewed one more time, which
was last time. When are we going out for bid for the new contract for this service -- what are we
doing on this thing? Because -- I mean, there are some significant changes in the way the
accounting --
Mr. Maginley: That's correct, sir.
Commissioner Teele: -- is being done. They're going to make us do networks of -- don't we
have to do networks starting now?
Mr. Maginley: Well, next -- the next fiscal year, which is — well, in 2002 ...
Commissioner Teelc: What's the word? Give me the correct terminology. Gibson or...
Mr. Maginley: GASB (Government Accounting Standard Board) 34.
Commissioner Teele: GASB 34.
Mr. Maginley: GASB 34, yes, sir. In 2002 the financial statements that you now see are going
to be radically changed in a -- more of a commercial type. With that, it's going to require the
City to kind of organize their books and records completely differently than where they are right
now.
Commissioner Teele: The reason that I was asking about the bid is that -- I was hoping that
before you all leave --
Mr. Maginley: Yes.
Commissioner Teele: -- that you all could give us a thorough briefing, maybe a workshop of
GASB --
Mr. Maginley: Thirty-tbttr.
i
Commissioner Teele: -- 34, so that whoever's coming in behind you, at least they're not telling
tts what it is they're going to do, but we have a little bit of knowledge of what it is we want them
to do.
Mr. Maginley: We'll certainly entertain that. We certainly will. And it's at the Commission's
schedule ...
122 June 14, 2001
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Commissioner Teele: But starting next year, these financial statements are going to be totally
different from ...
Mr. Maginlcy: Not next year. The next year that you bet, which is 2001, it will be in the sante
format. In the year 2002, it's going to be extremely, extremely different.
Commissioner Teele: But 2002 starts in October of 2001.
Mr. Maginlcy: 'That's correct. That's correct.
Commissioner Teele: So, starting in October, we're shifting -- I mean, we don't get the report
until the end of the year, of course, but it's a different standard.
Mr. Maginley: That's correct.
Commissioner Teele And what I was hoping is that, in August or September, your firm could
give us a good workshop and a good, you know, two-hour kind of thing where we just begin to
understand what this GASB thing -- because all of the professionals that I've talked to, all of the
elected officials that are serious about this stuff around the country, have had GASB workshops
apparently, and ...
Mr. Maginicy: �*cs. If you remember
Mr. Gimenez: Sir, Commissioner, we have taken steps to get some workshops. And we have
some consultants on board to help us with the implementation of GASB 34,
Commissioner Tecle: Yeah. But I'm saying, as the policy makers, we're the ones who have to
approve this thing. I mean -- and the problem of the Oversight Board, the problem of the City of
Miami, is the fact that we have been accused or our predecessors of not paying attention to this,
which is why we want to defer this. But I think it would be also incumbent upon us to have a
class, if you will, or a workshop/seminar -- maybe you can give us certificates that we attended a
GASB ...
Mr, Maginley: We'll certainly do that. We'll certainly do that.
Pete Chircut (Treasurer. Finance): Commissioner, 1 just wanted --
Commissioner Winton. You know a good time to do it -- I'm sorry, A good time to do it would
be after we finished -- you know, after we've got a quarter's worth of real data. So, sonic time
right after .lanuary 1 so that the first quarter's completed, so we have real City of Miami numbers
in (lie new system. Would be a good time to go through that and we walk through that first
quarter report.
Commissioner Teele: I agree. But what I'm counting on is, we can get two accounting firms
involved in this. One is going to give us a workshop and one we're going to basically be looking
123 June 14, 2001
at, you know, their deal. But what's the timeline on the bid on this thing? Because we -- this
was a one-year contract; we extended it it second year, then there was a big fight and we
extended it a third year. Was that right or was it ...
Mr. Chircut: No. It was a five-year contract, three years and then two additional years.
Commissioner Sanchez: With option to renew.
Commissioner Teele: Say that again.
Mr. Chircut: It was a five-year contract with two years ...
Commissioner Teele: How long have they been here?
Mr. Chircut: Five years. This is the fifth year.
Commissioner Winton: My, how time (lies when you're having fun!
Commissioner Teelc: Well, how could it have been a five-year contract? Because the big fight
was ...
Mr. Gimcnez: Because the...
Commissioner Teele: Are you sure it wasn't a three-year with five -- one-year options or
something?
Mr. Chircut: No. it was only with two-year options..
Commissioner Teele: So, was it a three-year contract or a five-year contract'!
Mr. Chircut: It's three years with two ,years ...
Commissioner Teele: That's not what you said, sir.
Mr. Chireut: I'm sorry.
Commissioner Teele: You said it was a five-year contract with two one-year options. It was a
three-year contract.
Mr. Chircut: Three-year contract with two-year options.
Commissioner Teele: And we've extended this twice and we had a big fight over it because I �.
wanted to stay with the same firm, but I said, when their contract is over, we would go out for a
bid, and 1 believe we're going to wind up paying a lot more, no matter who bets it, but I think it's
important that we do have another vendor make this -- do this so that we don't get caught up in
the same problems we've been in. So, when is the timeline to advertise for this contract?
124 June 14, 2001
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Mr. Chircut: W'e're preparing the RFP (Rtxluest for Proposal) to go out for auditing firm.
Commissioner Tecle: Well. with all due respect. Mr. Manager, I would hope that we have
another contractor on station on October 1.
Mr. (3imenez: Sir, what we're trying to do and what the Oversight Board has requested is that,
see if we can somehow keep the same firm for one more year to transition us into GASB 34. 1
don't know if that's possible. W'e're looking at ...
Commissioner Teele: I'm not in favor of that. I think this firnn has done a great job, but the one
thing that I think we've got to have is, given our history, we need to have checkers checking the
checkers, and I've been here with this same firm for the entire time. I am very satisfied. I think
we ought to give thein a beautiful letter of appreciation. We ought to give them strong letters of
support, but the five years is tip and, you know, if they've been making mistakes, we don't know
it and %ve'll never know it until somebody else comes in. And, so, all I'm saying is, they had five
years. If you go back. Mr. Clerk, and give this Commission the discussion on this contract from
two years ago and one year ago, we all committed on this Commission dais that ",e would
advertise this thing at the end of the current terns, which is a full five years. it was a three-year
contract, and the only thing that I'm suggesting is, given the history that we've been in, we need
somebody else to do a second look at our finances. And 1 think the problem is, when you start
suing accounting firms the way we're suing them -- and you've got sonic accounting fines that
don't even want to do City business anymore. We're going to have a very few funis to select
from and if you want them to rebid, you know, that's another issue. And I don't object to them
rebiding, but 1 think you're going to have a problem just getting three qualified firms that want to
do the City business, to be honest with you. But I would urge you to review the Commission
deliberations on this contract at the end of the third year, when we extended it for one year, over
the objections of two Commissioners, and then we extended it again over the objection of one --
I believe one Commissioner.
Commissioner Winton- Yeah. He's gone though.
`It-. Gimener: Well, again, I will state that the Oversight Board did urge us quite strongly to
maintain the services of this firm because of the GAS -- they have significant GASB 34 concents
that you would he switching your auditors right in the middle of while -- you're going to a
different system to GAS13 34, and if we kept the same firm, at least for that one year, that could
be a much smoother transition.
Commissioner Tecle: Well, I'll also make the argument that I believe that lobbying
representatives' contracts and external auditors' contracts should coincide with the term of the
Off ice of the Mayor, and I think it's very important because audits go not to the management;
they go to the board of directors of corporations; is that correct, Mr. Attorney -- Mr. --
Mr. h1aginley: That's correct, it does.
�z�zixftta�
125 June 14, 2001
Commissioner Teeie: OK. So, we're the ones that need to have the audit, not management. And
these are our management auditors, like lawyers are, and I think it's very important that we have
a second review of this, in my judgment, but I'm just one of five.
Mr. G-mencz: (INAUDIBLE)just because it's such a -- it's a very unique situation with going to
different systems, that if it were -- if everything was equal, I'd say we need to go out and put an
RFP and get another firm and go right along with what you're saying, but this is just a unique
situation that only happens -- well, it's probably never happened before, and that's the reason
why the Oversight Board was so very vociferous in their recommendation that we just, you
know, continue that. They're very happy with the work that's been done, and they just don't want
any break in the continuity in this critical stage when we go to GASB 34.
Commissioner Teele: Mr. Manager, this is the first time I'm (INAUDIBLE). If you would get
the Oversight Board to provide us something in writing, l would be more than happy to make the
motion, if that's what they want to see us do.
Mr. Gimenez: Yes, sir, will do.
Vice Chairman Gori: OK. Gentlemen, we have two more reports. Thank you. rll see you in
July.
126 June 14, 2001
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24. (A) ACCEPT REPORT RECEIVED FROM EQUAL OPPORTUNITY ADVISORY
BOARD. (SEE 22).
(B) DIRECT MANAGER TO BRING BACK COSTS OF PROVIDING TRANSLATING
SERVICES (IN BOTH SPANISH AND CREOLE) THREW COOPERATIVE POOLING
ARRANGEMENT. INCLUDING DEPARTMENT OF COMMUNITY DEVELOPMENT,
NET, ETCETERA) ESPECIALLY FOR CONDUCT OF PUBLIC MEETINGS, MANAGER
TO DEVELOP AN RFQ FOR SAID SERVICES.
Vice Chairman Gort: We have two more reports, and we haven't touched item one yet for the
regular agenda. Who's the report" Civil Service and who else'? Let's go. Don't all come at one
time. Hello. Civil Service and who else is -- yes, sir. Yes, sir.
Sam Mason: Mr. Chairman, distinguished Commissioners, our Manager. My pante is Sam
Mason. I'm the Chairman of the Equal Opportunity Advisory Board. We have a report for you,
in detail, that I will pass out to each one of' you so we can be very brief First, we want to thank
our staff, our hoard members for participating in our effort to build the bridge that will help this
City move over troubled waters. The Equal Opportunity Advisory Board was fortilally the
Affirmative Action Board. Through great study of our board, this board was changed from the
Affirntative Action to the Equal Opportunity Advisory Board. During that time, we have worked
with the Commissioners, department heads, to try to make the City of Miami a good place for its
workers. Our staff has consisted of appointments from two appointees from time Commissioners
and the others are from unions and the City's workforce. This board was formed after the consent
to decree, to sec if there would he diversity in the workforce of the City, and as of today in our
report, we will show the progress that we've made and we'll continue to make progress and with
the cooperation of the board, the Commissioners, we will do much better. For my board, we
want to leave this with the Commission before I pass out the report. We, as the Advisory Board,
like to think of the City of Miami as one home in which the interest of each member is bounded
by the happiness of all. We ought to know by now that the welfare of mine and yours should not
he sacrificed for the welfare of our neighbor, that our well-being; in the long run depends on the
well-being of our neighbors. You have shown, as a Commissioner, by your deeds to the world,
that we, of the City of Miami, is of one mind, one spirit, one clear resolution, working together
for the best interest of the people of :Miami. We're confident of your leadership with the
unbounding determination of our people, we shall grain the inalienable triumph, so help us God.
Thank you.
Vice Chairman Gort: Thank you, Mr. Mason. Appreciate it. You could give us the report.
Commissioner Teele: I move the adoption of the -- the acceptance of the report.
Vice Chairman Gort: It's been moved. Is there a second'?
Commissioner Winton: Second.
Vice Cltatrtnan Gort: All in favor state by saying "aye."
The Commission (C'ollectivcly): Aye.
127 June 14, 2001
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 01-579
A MOTION ACCEPTING A REPORT RECEIVED FROM THE EQUAL
OPPORTUNITY ADVISORY BOARD WHICH WAS PROFFERED BY THE
CHAIRMAN OF SAID COMMITTEE AND ENTERED INTO THF PUBLIC
RECORDS ON THIS SAME DATE.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gori
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Code Enforcement.
James Keane: Good afternoon. Thank you for seeing us today. I'm sorry that we've sort of dug
our heels in and said we had to be here today. You had invited us for this time and we appreciate
you seeing us at this time.
Commissioner Winton: 1 didn't know you dug your heels in.
Mr. Keane: We did. I'm here -- I'm pleased to be here representing the Code Enforcement
Board. With me today is Alyson Warren, another member of the Board.
Vice Chairman Gort: And you are'?
Mr. Keane: I'm Jim Keane.
Vice Chairman Gort: OK. /
Mr. Keane: OK. I'm Vice Chair of the Board. I'd like to thank you for all of your appointments.
For the first time in my term on the Board, we have a complete Board, including alternates.
We're fully staffed. Thank you for taking the time to do that. Like my fellow Board members, 1
am very proud of the accomplishments of our Board. Perhaps, if we retained a public relations
firm, enure people would understand what we do and share in our enthusiasm. Lately, my mantra
has become: "We are in the compliance business." Those six words are an absolute distillate of
our ohjcctive. Our public relations firm would also educate residents in regards to what we do
128 June 14, 2001
not do. We do not create the City Code, nor do we issue variances to the Code. Last month the
Board held its first workshop in several years, with very positive results. We look forward to an
ongoing series of workshops and would like a joint workshop with the Zoning Board so that they
have a better understanding of our work. At that workshop, Mr. Francisco Garcia, .Assistant
Director of NET, made a presentation with several interesting statistics. I would like to share
only two of his numbers with you. In the year 2000, the Board ruled on 1,673 cases and as
projected to rule on over 2500 cases based on mid -year trends. I think you would agree that this
is quite a workload. in addition to these new cases, the number of mitigation hearings is up
significantly. When I joined the Boani, we had three to four cases permeating. Now. the
mitigations -- typically, we have in excess of ten mitigations per hearing at this time. Mitigation
is a very sensitive subject and requires understanding and compassion from the Board, but also
requires reasonable explanations from the properly owner. Every mitigation needs to he
considered on its merits. At times -- at all times we attempt to collect at least the cost incurred
by the City. Each month several fines are extinguished as a matter of law, for a variety of
reasons, including notice, notice problems, foreclosure action, and unrecorded liens. That's not
an arbitrary free pass given by the Board. Most of the zero mitigations are a matter of law and
recommended by the Assistant City Attorney. Year-to-date. in excess of a hundred and six -- a
hundred and thirty-six thousand dollars ($136,000) has been collected through our efforts. Total
fines due were perhaps 10 times that amount, a hundred and thirty-six thousand. Perhaps, 10
tunes that amount was dire but, please remember, these are now properties that are in
compliance, following the rules, and that's cash. That's not some uncollectible, imaginary
number on the books. This does not include fines that are paid directly to the Finance
Department before our actions can be recorded. As our calendar continues to grow, both with
new cases and mitigations, the Board has agreed to add a third monthly meeting exclusively for
mitigations. Those meetings will begin in September, due to the unavailability of the
Commission chamber, so September through December of this year we'll have a third meeting
and, with our calendar next year, we'll prepare for three meetings a month. Do you have a
question?
Commissioner Winton: I just need to be clear on that. This volunteer Board is going to be
meeting on City business three evenings per month'?
Mr. Keane: Exactly.
Commissioner Winton: Wow!
Mr. Keane: It's just not fair -- we can't do a fair job of mitigating a case at 10:00 at night. We've
been here five hours. We've heard a lot of things and we're just not fair. We're not fair to the
property owner, sometimes we're not fair to the City, so, we'd like to take -- separate those from
our regular agenda, have a special meeting, and just deal with mitigations. Another challenge
facing the Board that we need your help with during the upcoming budget hearings is an official
translator. The official notice to appear, in English, advises alleged violators that if they require
translation, it is their responsibility to bring a translator. A very small number arrive prepared.
We realize...
Commissioner Regalado: Can 1 just -- I'm sorry to interrupt you.
129 June 14, 2001
Mr. Keane: Yes, Commissioner.
Commissioner Regalado: I watch some of the meetings and I used to -- what I do sometimes in
the radio is translate speeches of the President and whatever. I can tell you that of those few that
bring translators, %what the person is saying is not what the translator is saying. It's totally
different.
Mr. Keane: Commissioner, that's exactly our point. And an official translator would really level
Commissioner Regalado: And it's dangerous. I mean -- because -- you know --
Mr. Keane: It would level the playing field and it would make
Commissioner Regalado: Ile saying that, you know, that he's willing to do this and the guy said,
I already fixed my thing. It's very tragic because they don't know what's going on, and I
imagine, then, in Creole, it's worst. So ...
Mr. Keane: Commissioner, that's exactly our point. It would be unrealistic to have a translator
for the entire five hours of a meeting, but, perhaps, to say the translator would arrive at 7 o'clock
and be there until the end of the meeting. if we took cases that required a translator, first. it
would be like the jury pool. Suddenly, no one would speak English so they could be the first on
the list to get out. So, if we could have a translator. Spanish and Creole, for part of the meeting
Vice Chairman Gort: If you say that, everybody's going to forget English.
Mr. Keane: Exactly. Everybody wants to be first.
Vice Chairman Gott: They all want to he first.
Mr. Keane: Exactly. That's all I have for comments. If you have questions for Allison or
thyself, we'd be happy to answer there or get back to you.
Vice Chairman Gort: Commissioner Sanchez.
Corrtmissioner Sanchez: 'Thank you, Mr. Chairman. Every now and then 1 do monitor you from
my home and I do watch you act, and let me tell you, one thing that we could say is that we have
been able to reduce illegal units; we have been able to tackle some of these tough issues. Now,
I'm willing to say that you're not in the business of revenue -seeking. You're in the business of
Code compliance, and that is so important when we have people that come here and -- and I've
criticized you tip — I'm first to say that sometimes 1 think you've been a little light on people that
have owed a lot of money, and I know that there's one Commissioner here who has done
something that no Commissioner has ever done, and that is, if you owe us a lot of money, then
we're going to go after your property. and I'm not going to point any fingers. But those are
130 June 14, 2001
exactly the things that we need to do. There was a time -- and I'm here to say it -- there was a
time that illegal unit violations were rampant out there. Now, people are getting the message
that, hey, either is enforcement; the dog has teeth. It will bite you. And we've sent out a clear,
clear message that we will not tolerate it. And that -- you know, when you guys were out here
six and seven hours and you've lasted that long, you've lasted that long, four or five hours, i've
seen you not only deal with people that can't speak English. I've seen some even try to speak
Creole, which is pretty comical, but, you know, those are the things that -- I'm glad that you've
cone in front of us to say sonic of the things you need and I truly agree with you with, an official
translator that you guys need, but once I -- you know, I -- it's not that often we get to say thank
you for you and all the members of Code Enforcement, but, you know, you've done a good job.
and the City, today, is much better off because of Code Enforcement. Thank you.
Mr. Keane: Thank vou.
Commissioner Winton: Mr. Chairman'?
Vice Chairman Gort: Yes, sir.
Commissioner Teelc: Mr. Chairman? I'm sorry.
Commissioner Winton: I think that this issue on trattslation in our City is crucial and, so, I think
we should have translation in both Creole and Spanish. So, i would like to offer a motion to
direct the City Manager to bring back to us, at the next Commission meeting or a month from
now, the cost associated with providing translation services in both Spanish and Creole to the
Code Enforcement Board for our approval.
Commissioner Teele: Second the motion.
Vice Chairman Gott: It's been moved and second. Any further discussion?
Commissioner] eele: Mr. Chairman, on the motion.
Vice Chairman Gort: On the motion.
Commissioner Teele: Let me tell you what I recommend, Mr. Manager. I think we need to go
out in an RF -- a Request For Proposals for translators in Creole and in English, and have a pool
of translators. We need a pool of translators, not just in Code Enforcement areas, but in any
number of areas. Community Development needs it in some of the areas that we deal with. NET
Offices, believe it or not, need it, particularly, in having meetings. It's not fair to invite the
public to a meeting and then not be able to communicate with them, and a lot of the issues -- 1
know in Little Haiti area that I represent -- has more to do with culture and language than it has
to do with non compliance or being a law breaker. And, so, I think -- you know, first of all,
having a pool of translators doesn't cost us anything. We obviously have an implied duty to use
them. If we advertise it, we're going to need them, but, I mean, I think we ought to have,
hopefully, you know, five or six Creoles, French-speaking translators and similar number or
more of Hispanic and maybe even Portuguese for the Brazilian communities that is more and
131 ,Tune 14, 2001
1I1ZI7fi�i
more coming, and then we ought to look at how we allocate budgets, because I do know that the
Clerk's Office, which, in the County, is generally responsible for that, they probably have pools
already in Harvey Ruvin's office, and we may even look at buying off of some of their contracts.
I'm well aware of the fact that the translation issue on the ballot question is one that, again, is
something that just sort of un0erscores it. We need to have our own translators and certified
translators as well. And, so I'm very much in support of the motion, that it's been framed that you
conic back to us, but I would go a step further by saying, developing an RFQ (Request For
Qualification) -- RFQ would be the word, Request For Qualifications, and getting a pool of them
has literally no financial impact, initially, in just getting that in-house, and I think it's very much
needed.
Vice Chairman Gort: You know, to add and speak on the motion, that pool should be available
already 24 -hours a day. 1 don't know the experience of our firemen and our police off cers and
we have a lot of tourism and this is becoming an international City even more. We have more
visitors from all over to make sure that any time there's an accident or something takes place,
that we have somebody that can -- because that's so important, to give assistance to anyone,
especially in a case of emergency.
Carlos Gimenez (City Manager): I think we have that service through 911.
Vice Chairman Gort: Great. OK. Good. Any further discussion? Being none, all in favor of the
motion, state by saying "aye."
Commissioner Sanchez: Move to approve the report.
Via Chairman Gort: No. Wait a minute. We have another motion on the floor. The motion is
to -- the motion is for the...
Commissioner Sanchez: OK. All right. Sorry. I just walked in.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
13_2 June 14, 2001
0 0
The following motion was introduced by Commissioner Winton, who moved its adoption:
MOTION NO. 01-580
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
BRING BACK THE COSTS OF PROVIDING TRANSLATING SERVICES (IN
BOTH SPANISH AND CREOLE) THROUGH A COOPERATIVE POOLING
ARRANGEMENT, INCLUDING THE DEPARTMENT OF COMMUNITY
DEVELOPMENT, NET, ET CETERA) ESPECIALLY FOR THE CONDUCT
OF PUBLIC MEETINGS, FURTHER INSTRUCTING THE MANAGER TO
DEVELOP AN RFQ FOR SAID SERVICES.
Upon being seconded by Commissioner Tecle, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: OK. Second motion. Now, you can move.
Commissioner Teele: On the question, may I just ...
Commissioner Sanchez: Well, I move to accept the report from the Code Enforcement.
Commissioner Teele: Second the ...
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Any further discussion? Being none, thank -
you very much for the job you're doing.
133 June 14, 2001
•
l�
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 01-581
A MOTION TO ACCEPT REPORT OF THE CODE ENFORCEMENT BOARD
SUBMITTED BY BOARD MEMBER JAMES KEANE.
Upon being seconded by Commissioner Tcele, the motion was passed and adopted by the
following vote:
AYE'S: Vice Chairman Wifredo Gott
Commissioner Tomas Regalado
Commissioner Joe Sanchez.
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny 1.. Winton
NAYS: None.
ABSENT: None.
Commissioner Tecle Hold on one minute. l ,just did want to ask one question. Jim, I'm very
proud of the fact that you're a new member of the Board; you come from district 5. Are you still
president of Buena Vista?
Mr. Keane: No, I'm not. That's a conflict of interest. I've been advised by the City Attorney that
1 cannot even attend the meetings of the Homeowner's Association because I'll have ex parte
information regarding matters that may come before our Board.
Commissioner Teele: Well, we discussed the Historic Preservation issues this morning, and I
just wanted to tell you that we did move to do what you all had been asking us to do, to create an
Advisory Board, but one of the things, Jim, that I do think thut Commissioner Sanchez made the
point, that you all are not in the business of raising revenue for the City. We're -- we need this
Board to bet compliance. I think it's very important to work closely with the management of the
City, Dennis Wheeler, and with the City Attorney and his staff, in trying to develop remedies as
you use the word, mitigation, even, and 1 want to encourage you to continue to look toward that.
We don't need you all to collect money for us for punishment and penalty. We need you t, get
us into compliance. And ...
Mr. Keane: We are in the compliance business. That's my mantra.
Commissioner Teele: And, so -- I mean, we don't give you instructions, but 1 just wanted to say
that because I've never given you any instructions publicly or privately as my appointee, but I do
think that particularly in the area of religious institutions and faith -based organizations, those that
are trying to comply and provide invaluable tree service to the community, that should also be
very much a factor in how we approach this. So, 1 commend you and I'm very proud to see you
here, and I particularly am proud of my appointment of you because you really have become a
rail star and doing an outstanding job and I commend you.
134 June 14, 2001
1IIIIYZ:iL1
Mr. Keane: Thank you, Commissioner. I don't want to take anymore of your time, but t would
just,like to say, standardization came up earlier. That's something that we've tried to address.
arc some issues, especially with faith -based organizations, that have very tangled webs
that cannot be resolved in 60 or 90 days. The Board is not in a position to grant six months like
we used to. We now say, if you can achieve this within 60 days, we will consider a further
extension. We're trying to break things down into manageable steps, working towards
compliance. Compliance is our goal. But if we give someone 60 -- six months, they'd wait 179
days before they start the process. So, we're working on a step basis. So, we are trying to make
it a level playing field for everyone.
Vice Chairman Gort: Thank you.
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25. WAIVE PROHIBITIONS CONTAINED IN SECTIONS 2-611 THROUGH 2-614 OF
CITY CODE, AS SUCH PROHIBITION PERTAINS TO GEORGE D. BLACK, FORMER
EMPLOYEE OF CITY, ENTERING INTO CONTRACT, TRANSACTING BUSINESS WITH
AND FOR CITY, OR APPEARING BEFORE CITY COMMISSION FOR COMMUNITY
DEVELOPMENT COMMITTEF TO PROVIDE PROFESSIONAL SERVICES RELATING
TO MODEL CITY HOME OWNERSHIP PILOT PROJECT.
Vice Chairman Gort: OK. Finally, we get into item number 3. Item three, waiver of an
engagement ...
Commissioner Teele: Call the question on accepting the report by the motion by Commissioner
Sanchez.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Teele: Did we do the consent agenda?
Vice Chainnan Gort: Yes, ma'am.
Gwendolyn Warren (Director, Community Development): Item yes. Item number 3 is a request
for a waiver for a past employee to come on as a contractor to assist us with grant applications.
Commissioner Tecle: So moved, Mr. Chairman.
Vice Chairman Gori: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gori: Any further discussion? Being none, all in favor state it by saying "aye."
The Commission (Collectively): Aye.
136 June 14, 2001
E
•
The following resolution was introduced by Commissioner Tcele, who moved its adoption:
RESOLUTION NO. 01-582
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A
FOUR/FIFTHS (415THS) AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, WAIVING THE PROHIBITIONS
CONTAINED IN SECTIONS 2-61 I THROUGH 2-614 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, AS SUCH PROHIBITION
PERTAIN'S TO GEORGE D BLACK. A FORMER EMPLOYEE OF THE CITY
OF MIAMI, FLORIDA, ENTERING INTO A CONTRACT, TRANSACTING
BUSINESS WITH AND FOR THE CITY, OR APPEARING BEFORE THE
CITY COMMISSION FOR THE COMMUNITY DEVELOPMENT
COMMITTEE TO PROVIDE PROFESSIONAL SERVICES RELATING TO
THE MODEL CITY HOMEOWNERSHIP PILOT PROJECT.
(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:
137 Junel4,2001
•
26. RATIFY, APPROVE, AND CONFIRM MANAGER'S WRITTEN FINDING THAT
COMPETITIVE SEALED BIDDING PROCEDURES ARE NOT PRACTICAL OR
ADVANTAGEOUS FOR ACQUISITION OF TELECOMMUNICATIONS EQUIPMENT,
SOFTWARE, INSTALLATION, AND RELATED SERVICES FROM BELL SOUTH
COMMUNICATIONS SYSTEMS, LLC, FOR DEPARTMENT OF INFORMATION
TECHNOLOGY TO BE USED BY VARIOUS CITY DEPARTMENTS, $200,000;
ALLOCATE FUNDS FROM APPROPRIATED CAPITAL IMPROVEMENT PROJECTS
AND GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS.
Vice Chairman Gort: Thank you. Item 4, a resolution approving the acquisition of
telecommunications --
Commissioner Sanchez: So moved, Mr. Chairman.
Vice Chairman Gort: -- equipment.
Commissioner Tee1e: Second.
Vice Chairman Gort: It's been moved and second. Any further discussion? Being none, all in
favor state it by saying "aye,"
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 01-583
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A
FOUR/FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S WRITTEN FINDING THAT
COMPETITIVE SEALED BIDDING PROCEDURES ARE NOT PRACTICAL
OR ADVANTAGEOUS FOR THE ACQUISITION OF
TELECOMMUNICATIONS EQUIPMENT, SOFTWARE, INSTALLATION,
AND RELATED SERVICES FROM BELL SOUTH COMMUNICATIONS
SYSTEMS, LLC FOR THE DEPARTMENT OF INFORMATION
TECHNOLOGY TO BE USED BY VARIOUS CITY DEPARTMENTS, IN AN
AMOUNT NOT TO EXCEED $200,000; ALLOCATING FUNDS FROM
APPROPRIATED CAPITAL IMPROVEMENT PROJECTS AND GENERAL
OPERATING BUDGETS OF EACH OF THE VARIOUS USER
DEPARTMENTS, SUBJECT TO BUDGETARY APPROVAL.
138 June I4, 2001
i
(Here follows body of resolution, omitted hero and on file in the Office of the City Clark.)
L}pofi hieing. seconded by Commissioner Teele, the resolution was passed and adoplred by th
Ballow 4 vote:
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Ay$.S: vice Chairman Wifredo Gorl`k
Commissioner Tomas Regalada
Commissioner Joe Sanchez"
g�� i „r Comnhissioner Johnny L. Winton �� b
, ,3 <, -Commissioner Arthur E. Teele, Jr.
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June X14.2llUl
27. GRANT REQUESTS FROM REPRESENTATIVE OF COCONUT GROVE REALTY
CORPORATION, NAMELY MS. CAROLYN COPE, FOR "MIAMI WAVE EVENT" TO BE
SCHEDULED ON NOVEMBER 6, 2001 WHEREIN EACH CITIZEN WOULD WAVE TO
ONE ANOTHER.
Commissioner Sanchez: Five has been taken care of.
Vice Chairman Gort: Five has been taken care of. Miami Wave Day. Item 6. It's a good idea.
Carolyn Cope. My name is Carolyn Cope. I live at 980 Northwest North River Drive.
\'ice Chairman Gort: Yes, ma'am.
Ms. Cope: This is a fairly self-explanatory thing. It should be pretty easy, I don't need any
money. I just need your endorsement. I'd like to select November 6th, election day, and a day to
be publicized by corporate sponsor, wherein citizens of Miami and Miami -Dade County, on their
way to work, in the course of their normal business day, just take a second and wave to one
anolher. We wave to people we know everyday. I think it's a unifying gesture on Election Day,
and if 1 receive your endorsement, then I would -- it would be easier for me to get a corporate
sponsor.
Commissioner Regalado: Remember the movie Crocodile Dundee, when ...
Ms. Cope: Crocodile.
Commissioner Regalado: -- when he gets to New York, he starts waving to people and people
don't understand why he's saying hello. f think it's a great idea. 1 mean -- but the only problem
is that November 6th, if you wave to the candidates in the poll, they think you're going to vote
for him, but...
Commissioner Sanchez: I'll be doing a lot ofwaving that day, I guarantee you that. So move.
Commissioner Regalado: I will second that, and I think it's a great idea. I think -- you know, all
this about road rage and, you know, people killing dogs or something like that, 1 think this is
great. And I would really urge you to try to publicize this through the media. 1 think that the
media will pick up very easily because this is a -- it's a very nice --
Ms. Cope: Positive.
Commissioner Regalado: -- positive thing. I would also think -- and this would take, Mr. 11
Manager, the City to co-sponsor that if you get bamters, you can place them in some areas of the
City, you know, November 6th, Wave Day or whatever you want to say, because I think it would
make the people feel good.
tits. Cope: Exactly. I have already approached Turkel Schwartz Partners. They have agreed to
assist me on a pro bono basis. Any monies that they feel they need, they would bet from the
140 June 14, 2001
61111>9=[
corporate sponsor in order to go through the television, the radio, and whatever visuals tlle)'
create, but the main thing is your endorsement.
Vice Chairman Gort: OK. There's a motion and a second. I wish we do that everyday. That's
very important -- also, we should all say "good morning", "please" and "thank you". Those three
words can get you a lot of places. Any further discussion?
Commissioner Winton: What if it's afternoon?
Commissioner Teele: You know, I'm very tempted to ask that you call this the Lawton Chiles
Wave Day. Lawton used to -- Governor Chiles used to tell the story about Hurricane Andrew,
and lie went down there and he said he'll never forget, everybody was waving at him and he
couldn't understand why. And after he spent a couple of days there, he understood all of the
folks down there were so frustrated, they were giving him the one -finger wave. And, so, we
should call this the Five -finger Wave Day if it's going to be on election day because I'm sure
there will be a lot of one -finger waves going around on election day around here.
Commissioner Sanchez: I guess we could say all in favor "wave."
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 01-.584
A MOTION GRANTING REQUESTS FROM REPRESENTATIVE OF
COCONUT GROVE REALTY CORPORATION, NAMELY MS. CAROLYN
COPE, FOR A "MIAMI WAVE EVENT" TO BE SCHEDULED ON
NOVEMBER 6, 2001 WHEREIN EACH CITIZEN WOULD WAVE TO ONE
ANOTHER.
Upon being; seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gurt
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you, ma'am. Appreciate it.
141 June 14, 2001
IP 41NOOW
•
28. APPROVE REQUEST MADE BY CALIXTE JUMEL TO PLACE STATUE OF
TOUSSAINTT LOUVERTURE AND WELCOME TO LITTLE HAITI SIGN AT
NORTHEAST MARTIN LUTHER KING BOULEVARD ON SOUTHWEST SIDE OF
NORTHEAST SECTION OF MARTIN LUTHER KING BOULEVARD AND MIAMI
AVENUE; PUBLIC WORKS DEPARTMENT TO PROVIDE IN-KIND TECHNICAL
ASSISTANCE, ALONG WITH MIAMI-DADE COUNTY, AND REPORT BACK TO
COMMISSION WITHIN 90 DAYS, ON WAYS TO IMPROVE SURROUNDING AREA.
Vice Chairman Gort: Item 7.
Commissioner Sanchez: You've Sot to have sonic fun around here, you know.
Vice Chainnan Gort: Place the -- Mr. Jumel, yes, sir. Public Works, have you met with the
applicant or have they come to you'?
John Jackson: Yes. John Jackson, Director of Public Works. Jumel Caliate request that a statue
and a sign "welcome to Little Haiti" be placed at North Miami Avenue and 62nd Street, on the
southwest corner. 1 had an opportunity to, on May 25th, to meet Mr. Calixte at the location, and
we -- and there is space there for the statue. It is Dade County right-of-way. He has received a
approval from Dade County, contingent upon the City Public Works issuing a pennit, in addition
to the County traffic approval for positioning to make sure that there's clearance for observation.
On that basis, we recommend...
Vice Chairman Gort: So, staff do you recommend (INAUDIBLE) approach and they'll talk to
you. Yes, sir.
Commissioner 7 eele: We -- Mr. Chairman, let me just see il' we can make this a little painless.
The question has been the cost of the engineering support and 1 notice that you've made no
reference to this. Is a proposal before us to provide engineering support and the installation, et
cetera, or are we being asked to provide the -- because, initially, when the Consui General spoke
to me about it, they wanted a lot more support and there was a cost of about -- well, there was a
cost to -- what are you reporting on, Mr. Jackson?
Mr. Jackson: It's my understanding that we will be -- City will be provided complete
engineering drawings for the statue, and all the materials and specifications; that we would be
just approving a permit.
Unidentified Speaker: They will provide.
Vice Chairman Gort: They'll be providing -- my understanding is, they'll be providing all the --
we would not have to put our engineering studies or architectures ...
Mr. Jackson: That's correct, we will not provide any engineering study, other than the position
of the structure -- of the statue.
143 ,lune 14, 2001
IZII13►Z�'LD
•
•
Commissioner Tecle: You'd be approving that as a part of a planning and nght-of-wa}
permitting process.
Mr. Jackson: Part of the permitting — yes. Yes, sir.
Commissioner Teele: Mr. Chairman, could we just hear from the applicant to make sure that
there is no communication --
Vice Chairman Gort: Yes, sir.
Commissioner Teele: .lust state your name and address for the record, sir.
Jumel Calixte: OK. My name is Jumel Calixte, and 1 live at 8083, 80th Street mid Northeast 3rd
Avenue, in Little Haiti, Miami. And this is Jean Oblin, my partner, and the reason why we're
here today is that it's been a long time that -- there's a parcel of land located in 62nd Street, which
is '.Martin Luther King Boulevard now and north Miami Avenue. It's been neglected, pile of
trash, you know, unwanted cars, a lot of'debris. So, we want to beautify the area because City of
Miami's moving up, and the crime has been down, you know, and I've been living in Little l:aiti
area for 20 years. This is the first year that crime has been down. Nov, you can walk in Little
Haiti at night, without, you know, getting grabbed and everything. So, I say thank you for all
you've done, and 1 -- myself Toussaint Louverturc is the Haitian's greatest hero. He was a genius
for the Haitian, and also he was a friend of the American because he send a letter to John Adams
for help, and John Adams sent him some help for the independence. And, also, Mr. Toussaint
has done a lot for the Haitian people and he was a genius, and we want to build a statue of
Toussaint Louverture because this place -- this piece of land, we want to beautify it and also we
want to plant some kind of palm trees, things like that, so people can come to visit because it has
been neglected for a long time. It will be enhanced. Go ahead.
Commissioner Teele. Let me just --let me just ask one question. Based upon what Mr. Jackson
said, you're asking us for permission --
Mr. Calixte: Yeah, for pennission.
Commissioner Teele: -- to do that. Are you asking us for any money for this project! It's my --
I just want to clarify because I'm hoping that you're not asking for money.
Commissioner Winton: I was going to ask the same question.
Mr. Calixte: Well, I know --
Commissioner Teele: But there have been discussions ...
Mr. Calixte: I know this City of Miami is in situation, you know. But if we can —
Com.-nissioner Tecle: If you want to loan us some money we'll be happy.
144 June 14, 2001
Mr. Calixte: Well, if we can find some money, you know, no problem, but the City -- and the
Haitian community is willing to support the project because Toussaint Louverture is any
Haitian's hero.
Commissioner Teele: 1 move that the City Commission endorse the proposal that has been
presented regarding the signage and the landscaping --
Mr. Calixte: Right.
Commissioner Teele: -- and the Toussaint Louverture statue located at Martin Luther King and
northeast -- no. Northeast !Martin Lather King and --
Mr. Calixte: It's between North Miami Avcnue.
Commissioner Teele: -- and Miami Avenue. Sixty-second is Martin Luther King.
Mr. Calixte: Yes, that's right. That's correct. Yes, that's correct.
Commissioner Teele: So, when we say Martin Luther King -- and further, that the Public Works
Department is instructed to work closely and provide in-kind technical assistance, but not
detailed drawings or anything, but just assist them in facilitating this process, with Miami -Dade
County, and to report back to us within 90 days on the status of the project. I would so move.
Commissioner Winton: Second.
Vice Chairman Gort: Motion. Second. Any further discussion? Being none, all in favor ...
Comntissioner 'I eele: Further discussion, Mr. Chairman.
Vice Chairman Gort: Discussion.
Commissioner 'l ecle: I have met with the Consul General on this project. There was a request
from the Prince Minister to meet on this project. Let me tell you what my concern and the
project is. We're getting ready to approve it like you presented it. 1 am concerned about the
overall neighborhood immediately next to the site. I've been there at least 10 times now, 1 went
there with someone from Washington, t'ront the Embassy. I really do think that we should look
very hard for other locations, but this location has been identified and let's move forward with
that. But there is a real concern that this doesn't present the best image of Miami, and we know
that once this is built, you know, the island magazine, television station and other TV stations
will be there, and the back drop of what you're going to pan when you see the picture is not
really the picture that we want to see for Miami. So, we need to talk about that a little more. We
need to even maybe talk about how we can assist in the redevelopment of the surrounding area, if
you go forward. But you will have our blessing
s to go forward after today.
Commissioner Winton: Mr. Chairman, and one other point.
145 June 14, 2001
C�
Vice Chairman Gort: Yes.
Commissioner Winton: And this point really deals with the challenge that all of us have. We. as
Commissioners have it, as we learned today, and that's a communication issue. I called Leoni
Hcrmzntin fiom the Haitian American Foundation to ask her what she thought of this and she
hadn't heard anything about it. So, we have this same challenge. Every time %ve, as
Commissioners, decide to do something in one of our districts, there's always somebody who
stands up and says, "Well, 1 don't know anything about it." So, it's an ongoing challenge. I hope
that when you leave here, you go talk to Leoni from the Haitian American Foundation and bring
her up -to -speed in terms of what y'all arc doing.
Oblin Jean: I would like to add something to that.
Vice Chairman Gort: Your name and address, please, sir.
Mr. ,lean: My name is Oblin Jean. 1 live on 3600 Northwest 15th Avenue. But the reason why
we came here today -- I've been here in South Florida for over 20 years. As a Haitian, 1 live in
the Haitian. Little Haiti for over seven years and worked there, and pass there everyday. Every
time we try to do something, you always find somebody who said they have an idea. I have the
project already. And it's been going like that years after years, years after years. Nothing's ever
done. And when we try to do something also, when we invite those who can help, instead of
help us, they say, "Well, I don't think it's a good idea. You can go and sit down." And nothing
ever happens. So, that's why me -- I and Calixte said we're going to come here today and bring
this unto you, so you can give us helping hand so we can go forward in order to do that because
if we don't make an action by doing that today, it will never happen and the 62nd Street will stay
the same way since 20 years ago until now, and I think it's possible, because I know we all here
stand in a positive side to see Miami beautiful.
Vice Chairman GoriWell, the motion here today is going to do that. It's going to help you.
And what Commissioner Teele is saying, not only the statue, but, if' possible, he would like to
improve even the area and the image a lot more so when people come and look at it and take
pictures and they have activity there, they call see a beautiful neighborhood. And I think that's
what Commissioner Teele stated, and this is what the -- they'll worry about.
Commissioner 'feele: Your request -- my motion is more than you asked tor. My motion
instructs the staff to help you, particularly with the County, in doing that. In addition, my motion
basically says to the management, once we move forward on this, we may, as a City, may have
to spend probably a lot more money than even the statue just to improve the surrounding areas.
Mr. .lean: Beautify. Exactly.
Commissioner Teele: So, when people take a picture, they don't .just look at the statue. They
look at what's behind it.
Mr. Jean: The background.
GOMM
146 June 14, 2001
1]
Commissioner Teele: The background, exactly. And the background is not really a pretty
picture.
Mr. Jean: A step-by-step process. We've got to do step one.
Commissioner Tecic: And the point that I did not tie into the motion, but I want to say to you so
that when we continue to talk about this, the Consul General and the Prime 'Minister are very
concented about the background that they're looking at, and they have had at least two
communications. I had a call front the Prime Minister's office in Port au Prince last week to
conic there to talk about this statue because the government wants to see a statue as well. So,
everybody wants to be involved. And what I'm saying is, I'm not listening to anybody right now.
You're here. Let's give you the approval and then we can continue to talk to people but now you
have the green light to go ahead.
Mr. Jean: I really appreciate it.
Commissioner Regalado: I have -- Mr. Chairman, I have a question. How long would it take for
you to start the process of building or planning the statue.
Mr. Jean: Basically, to lay foundation and to building statue like that, should probably take
between the three to six months, but for the artist, the one who have to make the statue himself, 1
don't know how long it will take thein -- take him exactly. I do have to talk to him and find out
exactly how long he got -- he have to take in order to do that. But the idea we want to have this
statue done by January the first. 2002, which is the Haitian Independence Day. so we can, you
know. integrate that. But, that's the idea.
Commissioncr Regalado: Because, you know, I was thinking and I was there. 11' you were to
have the statue and everything ready by early next year, when the Roots and Culture Festival is
going on, you would have so many people that will be able to visit the statue, you know. You
have them already there.
Mr—lean: That's a good idea.
Commissioner Regalado: The other issue that 1 have -- and probably Commissioner Tecle can
help because of his contacts with the Consulate and the government of Haiti -- is that I would
that you would request from the Haitian government some indigenous plants and trees to do the
landscaping around the statue with plants and flowers and trees, brought from Haiti. Because
that would -- it would bring a more unique setting for the statue, and I'm sure that the
goverrunent can do that through the Agriculture Department here to bring this. You know, I
think it will be something that the people of Haiti will he proud in Haiti and the people of Haiti
here will also be proud. So, you know. I really appreciate.
Mr. Jean: This is a beautiful idea. i will also take note of that and sec if we can make it like that
for the landscaping is concemed.
Commissioner Teele: Mr. Chairman, the Manager -- Madam Manager, did you want to he
147 June 14, 2001
L
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Dena Bianchino (Assistant City Manager): 1 just wanted to put on the record that anything, any
signage or decorative objects such as this requires a Class 11 permits and Planning will work very
closely with them to go through the process and bet approved.
Commissioner Teele: Has Planning been advised of this project?
Ms. Bianchino: Not to my knowledge, but I'll get them together right away.
Commissioner Teele: Good.
Vice Chairman Gort: Public Works, yes. So, ,you better get together. OK. All in favor state it
by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 01-585
A MOTION APPROVING REQUEST MADE BV CALIXTE JUMEL TO
PLACE A STATUE OF TOUSSAINT LOUVERTURE, ONE OF HAITI'S
GREATEST HEROES, AND A (WELCOME TO LITTLE HAITI SIGN AT
NORTHEAST MARTIN LUTHER KING BOULEVARD ON THE
SOUTHWEST SIDE OF THE NORTHEAST SECTION OF MARTIN LUTHER
KING BOULEVARD AND MIAMI AVENUE; FURTHER INSTRUCTING
THE CITY'S PUBLIC WORKS DEPARTMENT TO PROVIDE IN-KIND
TECHNICAL ASSISTANCE, ALONG WITH MIAMI-DADE COUNTY, AND
REPORT BACK TO THE COMMISSION REGARDING SAID ISSUE. WITHIN
90 DAYS, ON WAYS TO IMPROVE THE SURROUNDING AREA.
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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you, sir, and you have your permit.
Commissioner Teele: Thank you. Thank you.
148 June 14, 2001
Uar-
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29. EMERGENCY ORDINANCE: RELATED TO COLLECTION OF PERMIT FEES AND
ESTABLISHING MAXIMUM RATES FOR PROVIDERS OF COMMUNICATION
SERVICES.
Vice Chairman Gorl: Item 8, proposal
Commissioner Teele: So moved, Mr. Chairman.
Vice Chairman Gort: Wait a minute.
Commissioner Teele: A proposed ordinance on tax simplification.
Vice Chairman Gort: This is (INAUDIBLE). There's a motion. Is there a second?
Commissioner Regalado: Second.
Commissioner Winton: Second.
Vice Chairman Gort: This is the change that's got to take place, because of the changes in
Tallahassee. All in favor state it by saying "aye."
Commissioner Teele: Ordinance,
Alejandro Vilarello (City Attorney): It's an emergency ordinance.
Vice Chairman Gort: Ordinance. Read it. Roll call.
An Ordinance Entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION RELATED
TO THE CONNECTION OF PL-PWIT FEES AND ESTABLISHING THE MAXIMUM
RATES FOR PROVIDERS OF COMMUNICATION SERVICES BY (1) ELECTING
NOT 1.0 REQUIRE AND COLLECT LOCAL PERMIT FEES IN EXCHANGE FOR
AN INCREASE IN THE LOCAL COMMUNICATION SERVICES TAX
CONVERSION RATE UPWARD BY 0.12 PERCENT; (2) ELECTING TO LEVY A
COMMUNICATION SERVICES TAX AT A RATE OF 5.1 PERCENT PLUS THE
0.12 PERCENT PERMIT FEE ADD-ON FOR AN EFFECTIVE RATE OF 5.22
PERCENT TO BE EFFECTIVE BEGINNING ON OCTOBER 1, 2001, PROVIDED,
HOWEVER, FOR THE PERIOD BEGINNING OCTOBER 1, 2001 AND ENDING
SEPTEMBER 30, 2002 THE MAXIMUM RATE SHALL BE 5.50 PERCENT PLUS
THE 0.12 PERCENT PERMIT FEE ADD-ON FOR AN EFFECTIVE RATE OF 5.62
PERCENT; PROVIDING FOR NOTICE TO THE STATE DEPARTMENT OF
REVENUE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CI.AUSF-
150 Juste 14, 2001
0 •
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:
AYES: Vice Chairman Wifredo Goat
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner
Regalado, adopted said ordinance by the ibllowing vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Joe Sanchez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12078
The ordinance was read by title into the public record by the City Attorney.
Walter Foeman (City Clerk): We need four/fifths.
Mr. Vilarello: We have four members in the chambers.
Vice Chairman Gort: Roll call -
Commissioner Winton: OK. Ask them quick, while they're still here.
Vice Chairman Gorr: Thank you.
r
151 June 14, 2001
0
•
30. TABLED: AMEND CITY CODE TO ESTABLISH MODEL CITY HOME OWNERSHIP
TRUST (See #52).
Vice Chairman Gort: Item 9. Model City Homeownership Trust, Home Trust.
Commissioner Winton: What's the Model City Home Trust?
Alejandro Vilarcllo (City Attorney): Mr. Chairman, Commissioner Toole has requested a Change that
requires a change in the title. And if we can pass over this item and come back to --
Commissioner Teele: If we can temporarily pass it and come back to it, please, sir.
Note for the Record: At this point, agenda Item Number 9 was temporarily tabled
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152 6/14/01
•
:31. FIRST READING ORDINANCE: AMEND ORDINANCE NUMBER 12014 WHICH
ESTABLISHED AND APPROPRIATED FUNDS FOR NEW SPECIAL REVENUE FUND
ENTITLED "MIAMI-DADE COUNTY EMS GRANT AWARD (FY 2000-01)", INCREASING
APPROPRIATIONS IN AMOUNT OF S120,000, FOR TOTAL APPROPRIATION OF
$233,304.80.
Vice Chairman Gort: Item 10.
Commissioner Winton: No, you didn't ...
Alejandro Vilarello (City Attorney): It's related.
Commissioner Tcele: This is -- we've discussed this three or four times, I think.
Commissioner Sanchez: Yeah, this is ...
Commissioner Winton: 1 was...
Commissioner Teele: There was a public hearing that we deferred it for, and the public hearing
was a substantial public hearing, a substantial public hearing, and it was very well -attended, two,
three hundred people. And Commissioner Gort was in attendance, and I really want to express
my appreciation. But if we could pass up -- temporarily pass this and come back to it, 1'd be
grateful.
Vice Chairman Gort: Nine, ten. We'll bring it up later. Eleven Amending ordinance to
increase funding in the amount of a hundred and twenty thousand in carryovers.
Commissioner Sanchez: So moved, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: Wait a minute.
Commissioner Sanchez: It's a grant.
Vice Chairman Gort: It's been moved and there's a second.
Commissioner Sanchez: First reading.
Vice Chairman Gort: Roll call.
Qmis=
153 June 14, 2001
0
An ordinance Entitled --
0
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NUMBER 12014, WHICH ESTABLISH AND APPROPRIATED FUNDS FOR A NEW
SPECIAL REVENUE FUND ENTITLED "MIAMI-DADE COUNTY EMS GRANT
AWARD (FY 2000-2001)" INCREASING APPROPRIATIONS IN THE AMOUNT OF
$120,000 RECEIVED AS CARRY OVER FUNDS FROM PREVIOUS YEAR GRANT
AWARDS FOR A TOTAL APPROPRIATION IN THE AMOUNT OF $233.304.80;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Sanchez, seconded by Commissioner Winton, and was passed
on first reading, by title only, by the following vote:
154 ,tune 14, 2001
•
•
32. GRANT REQUEST OF SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY (SEOPW) THAT CITY REMOVE RESTRICTION ON CASH
HELD BY PHYSICAL AGENT FOR COMMUNITY REDEVELOPMENT BONDS AND
AUTHORIZE MANAGER TO FUND BALANCE OF $554,148.
Vice Chairman Gort: Item 12, adoption of Southeast Overtown
Commissioner Winton: So moved.
Commissioner Teele: Second.
Vice Chaimran Gort: It's been moved and there's a second.
Commissioner Sanchez: Discussion.
Viet: Chairtttan Gort: Discussion.
Commissioner Sanchez: That -- those five hundred and fifty-four thousand dollars (5554,000)
are the funds that the City's holding back from the CRA (Community Redevelopment Agency).
That -- if we were to turn that money over and bond out that amount -- at what rate could we
bund that out, the City's free -- so we could free up the CRA's motley?
Linda Haskins: Linda Haskins, Director of Management and Budget. The Finance Department
has advised me that they think they could buy a surety bond to satisfy the cash requirement at
about one and a half percent.
Commissioner Sanchez: What would that be, about seven to eight thousand dollars ($8,000) a
year?
Ms. Haskins: I'm not sure if that was the final number. is that the final number? Did you --
there was a question after we had talked, Commissioner, that it may be on the face value of the
bonds versus the cash.
Commissioner Sanchez: Because the -- what would be the estimated amount if we were to bond
that out at one percent or one point three or one point five, whatever the market would allow us
to?
Pete Chircut (Treasurer, Finance): That's a reserve. We can't bond it out.
Ms. Haskins: It's a surety bond. It's a surety bond.
i
1,
Commissioner Tecle: What are you talking about, bond it out? That's a reserve.
Mr. Chircut: And that's the reserve.
Vls. Ilaskins: It's a surety bond.
IiIlkfflj
155 .lune 14, 2001
•
Vice Chairman Gori: Which market is that at?
Commissioner Teele: That's a reserve.
Vice Chairman Gort: Wait a minute. Which market is this so we can get one percent'?
Ms. Haskins: A surety bond.
Mr. Chircut: The surety bond -- if we would replace the reserve with a surety bond, it will
probably cost between forty or fifty thousand dollars ($50,000). Whereas one percent on the
total outstanding debt on that bond issue, which is approximately, right now, about three point
eight million.
Commissioner Teele: What's the -- I don't understand the question.
Commissioner Sanchez: Well, it would free up the amount, but then the City won't be able to --
we could -- I think it's a good idea. I mean, the CRA is going to get its money, but we would be
able to -- I think it would benefit the City, wouldn't it?
Commissioner Teele: What would benefit the City?
Ms. Haskins: The question in this resolution is, taking five hundred and fifty-four thousand
dollars ($554.000) of cash from the City of Miami, and replacing the cash that's held with the
fiscal agent for the CRA bonds, releasing the five hundred and fifty-four thousand then to the
CRA. As an alternative to putting the five hundred and fifty-four thousand dollars ($554,000)
and during that transfer. a surety bond could he purchased at a premium, OK, rather than putting
the five fifty-four in and having the fiscal agent hold five hundred and fifty-four thousand dollars
($554,000), a surety bond could be purchased, which would reduce the amount of funding
required here.
Commissioner Sanchez: I would move the City do that.
Commissioner Teele: But that ain't this issue. First of all -- let me tell y'all something. This was
a settlement -- no, no, no, no, no, no, no, no, no, no. No, sir. This is a settlement that was agreed
to one year ago today by Bertha Henry. This -- hold on now. See, because you're talking about
something you don't know. Now, this is a settlement. If you all want to redo the settlement --
Commissioner Winton: No. Keep going. Just keep going.
Commissioner Teele: If you want to redo the settlement, then let's talk about redoing the
settlement, but the point is that these dollars are a part of a settlement in which the three hundred
thousand dollars ($300,000) a year that are currently paid by guaranteed entitlement funds
against bonds of the CRA ...
Ms. Haskins: It's item 13.
$Dlog Way
156 June 14, 2001
•
Commissioner Teele: Oh, you're talking then about the settlement -- it's still a settlement item.
Ms. Haskins: This is the cash in the -- with the fiscal agent for the bond. The five hundred and
fifty-four thousand. not the five fifty-nine.
Alejandro Vilarello (City Attorney): Different one.
Commissioner Teele: This is a different one. No. This is the five hundred and fifty -- this is the
settlement money.
Carlos Gimenez. (City Manager): No. This is releasing --
Ms. Haskins: Item number 12...
Mr. Gimenez: -- the reserve for the payment of the bonds is rive hundred and fifty-four thousand
dollars ($554,000), that you -- that the City would put the five fifty-four and release the five
fifty-four to the CRA. We're saying, instead of putting the five fifty-four --
Commissioner Sanchez: A surety bond at one percent.
Mr. Gimencz: -- buy a surety bond for about one tenth of that, fifty thousand dollars (S50,000) --
the CRA would still get its live hundred and fifty ...
Commissioner Teele: Yeah, but that's not the issue on the table. The issue on the table is the
release of the funds. OK.
Vice Chairman Gort: That will take place either way.
Commissioner Sanchez: And that's going to happen. It's just ...
Mr. Gimenez: (INAUDIBLE).
Commissioner Teele: So, the issue becomes approve this and then do a motion --
Commissioner Sanchez: Yes.
Commissioner Teele: -- to do the other thing.
Mr. Gimenez: Yes. 'C'hat's my (INAUDIBLE).
Commissioner Sanchez: "That's what 1 was getting at. But, wait. Let me ...
Mr. Gimenez: The City putting -- (INAUDIBLE) half a million, we would ...
Commissioner Teele: Or do this first -- or do what he's saying first.
157 lune 14, 2001
nn�l�x
0 •
Commissioner Sanchez: It doesn't matter.
Commissioner Teele: Yeah.
Commissioner Sanchez: 1 mean, the thing is, I just don't want -- why would the City have to put
in the lump sum of money if we could -- you know, surety bond out (INAUDIBLE).
Commissioner Teele: I fully agree.
Commissioner Sanchez: -- the City.
Commissioner Teele: I fully agree. And the question is, why did the CRA put up the five
hundred'? I mean, you know, this is money that the CRA put up, and it never should have been
put up this way in the first place. So, that's another issue.
Commissioner Sanchez: Well, that's ...
Vice Chairman Gort: Question.
Commissioner Teele: But that's another issue.
Commissioner Sanchez: That's another issue.
Vice Chairman Gort: Question. Question. This reserve is to be there for how long?
Ms. Haskins: until the -- close to the bond maturity date.
Vice Chairman Gort: What's the term of the bonds? What is the maturity date?
Ms. Haskins: So, it will take care of the principal payments on the bond for the last two years,
which is 214 --
Vice Chairman Gort: I understand. I understand. What is the maturity -- what's --
Ms. Haskins: Two thousand and fourteen and fifteen.
Vice Chairman Gort: My question ...
Commissioner Teele: Two thousand and fourteen.
Vice Chairman Gort: Two thousand and fourteen. OK. The interest earned on this reserve, who
does it go to?
Mr. Chircut: It goes toward paying the debt.
158 June 14, 2001
• 0
Vice Chairman Gort It goes toward paying the debt.
Mr. Chircut: Yes.
Commissioner Sanchez: The five hundred ...
Vice Chairman Gort: So, this is what you need to analyze. This is what you have to make the
decision on. OK. Which is cheaper? Are we going to pay fifty or sixty thousand dollars
($60,000) a year for the year --
Commissioner Winton: No. One-time payment.
Vice Chairman Gort: One-time payment. That will last for the whole thing. OK.
Mr. Chircut. It's only one payment.
Commissioner Winton: No, one-time payment.
Vice Chairman Gort: One-time payment. That will last for...
Mr. Chircut: For 14 years.
Vice Chairman Gort: -- for the whole thing.
Mr. Chircut: Yes.
Vice Chairman Gort: OK.
Commissioner Winton: You sure know how to deal.
Commissioner Teele: But let me tell y'all something. As far as I'm concerned, let's pass this
item and then let's instruct the management -- don't release the money. But instruct the .Manager
to study the option -- this is what a financial advisor should really do -- to study the options and
come up because I'm going to tell you something. What is being proposed, it sounds to me like,
if the five thirty is there as a reserve, it's more than a reserve. It also pays down the principal.
The interest off of that is paying down the principal under the way it's structured, based upon
what he said.
Ms. Haskins: That's correct.
1
Commissioner Tcele: Which means you're not only now affecting the five thirty-four. What
you're doing, in effect, is increasing the annual principal and interest payments by the CRA
because that -- if you take away the cash, the cash is now going -- and that's what Commissioner
Gort is pointing out. 'Phis is much more than what you all are saying, but my point is, let's
approve this and instruct the Manager to do an analysis and to come back at the next meeting and
no cash will be released until that's done.
159 June 14, 2001
•
•
Vice Chainnan Gort: OK. There's a motion and a second. Any further discussion?
Commissioner Sanchez: Second. Well, let's vote on...
Vice Chairman Gort: Let's vote on this one.
Commissioner Sanchez: OK.
Vice Chairman Gort: All in favor state it by saying "aye."
'Me Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 01-586
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE REQUEST OF
THE SOUTHEAST OVERTO%%TN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY ("SEOPW CRA") THAT THE CITY OF MIAMI REMOVE THE RESTRICTION
ON THE CASH HELD BY THE FISCAL. AGENT FOR THE COMMUNITY
REDEVELOPMENT BONDS, ISSUED NOVEMBER 8, 1990, AND TO AUTHORIZE THE
CITY MANAGER TO FUND THE BALANCE OF $554.148.00, WHICH WAS REQUESTED
BY SEOPW CRA RESOLUTION NUMBER 00-113.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote.
AYES: Vice Chairman Wifredo Gort
Commissioner "Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur F. Teelc, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Now, Commissioner Sanchez making a motion to instruct the City l
Manager and --
Commissioner Sanchez: City Manager to study and come back for --
Vice Chairman Gort: -- and for his staff to look and study what's the best.
160 June 14, 2001
Ll
Commissioner Sancher: -- surety bonds on this issue.
Vice Chairman Gort: OK.
Commissioner Sanchez: So moved.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second.
Commissioner Teele: As long as that study includes the impact on the principal reductions each
year that will not be made as a result of that because what you're doing now is increasing the
annual principal payments that have to be paid by CRA. Because the three hundred thousand, if
not the full -- listen to me. See, this is a deal where the three hundred thousand is not the full
amount of the debt. The debt fluctuates, and -- do you have the -- does anybody have the
repayment schedule through...
Commissioner Winton: Well, let them do this analysis and they can bring all of it back and then
it will he clear to us.
Commissioner Teele: Two thousand forty. And that's what I'm saying, I want the analysis not
only to be on what you're talking about, but also as that impacts the principal and interest
payments annually
Vice Chairman Gort: Right.
Commissioner Winton: Right.
Vice Chairman Gort: OK. Thank you.
Commissioner Winton: Did we vote?
Commissioner Sanchez: We didn't vote on it.
Commissioner Teele: We didn't vote on that motion.
Vice Chairman Gort. Do we have to vote on that?
Commissioner Sanchez: Yes.
Commissioner Winton: Yes.
Vice Chairman Gori: You have to make it a motion? All in favor state it by saying "aye."
The Commission (Collectively): Aye.
UFFOOM
161 June 14, 2001
0
•
The following motion was introduced by Commissioner Sanchez. who moved its adoption:
MOTION NO. 01-587
A MOTION DIRECTING THE CITY MANAGER TO WITHHOLD RELEASE
OF FUNDS RELATED TO THE REMOVAL OF RESTRICTION ON THE
CASH HELD BY THE FISCAL AGENT FOR THE COMMUNITY
REDEVELOPMENT' BONDS OF THE SOUTHEAST OVERTOWN/PARK
WEST COMMUNITY REDEVELOPMENT AGENCY, FURTHER
INSTRUCTING THE CITY MANAGER TO STUDY THE OPTIONS
RELATED TO SAID RELEASE OF RESTRICTION AND THE IMPACT OF
THE REDUCTIONS 1N THE PRINCIPAL EACH YEAR THAT WILL NOT BE
MADE AS A RESULT OF THAT, PERFORM AN ANALYSIS AND COME
BACK WITH A RECOMMENDATION AT THE NEXT COMMISSION
MEETING.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following vote:
AYES: Vice Chairnian Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Fourteen.
'fucker Gibbs: Commissioner Gort?
Commissioner Teele: Thirteen.
Commissioner Sanchez: Thirteen,
Mr. Gibbs: Commissioner Gort?
Vice Chairman Gort: Yes.
Mr. Gibbs: Can i ask for a deferral of an item -- excuse me, a continuance of an item that's
scheduled just to -- Ms. Garcia -Toledo ...
Vice Chairman Gort: On this agenda?
162 June 1 a, 2001
k
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Gibs, it's on the Plaswing and Zoning
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V" Chairman Mort: No. WcYc on the re�ulai' 8 ekt i�'
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33. RESCIND RESOLUTION NUMBER 00-389 AND AUTHORIZE PAYMENT OF
$300,000 ANNUALLY FROM CITY'S GUARANTEED ENTITLEMENT REVENUE FROM
STATE OF FLORIDA TO BE APPLIED TOWARDS RETIREMENT OF SERIES 1990
SPECIAL OBLIGATION DEBT ISSUED ON BEHALF OF SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (SEOPW), PLUS
PAYMENT OF $559,522 FOR SETTLEMENT OF CLAIMS.
Commissioner Teele: I move item 13.
Vice Chairman Gort: OK. It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teelc, who moved its adoption:
RESOLUTION NO. 01-588
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING
RESOLUTION NUMBER 00-389, I1 ITS ENTIRETY, AND SUBSTITUTING
IN LIEU THE HEREIN RESOLUTION, FURTHER COMMITTING AND
AUTHORIZING AND AUTHORIZING THE PAYMENT OF $300,000
ANNUALLY FROM THE CITY OF MIAMI'S GUARANTEED
ENTITLEMENT REVENUE FROM THE STATE OF FLORIDA TO BE
APPLIED TOWARDS THE RETIREMENT OF THE SERIES 1990 SPECIAL
OBLIGATION DEBT ISSUED ON BEHALF OF THE SOUTHEAST
OVERTONArNL/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
("SEOPW CRA"), WHICH ANNUAL PAYMENTS ARE TO BE MADE BY
THE CITY UNTIL SUCH SERIES 1990 SPECIAL OBLIGATION DEBT HAS
BEEN COMPLETELY RETIRED, PLUS THE PAYMENT OF $559,52?. IN
CONSIDERATION FOR THE SETTLEMENT OF 1) ALL CLAIMS RELATED
TO LAND DEEDED TO THE CITY BY THE SEOPW CRA FOR USE BY THE
MIAMI SPORTS AND EXHIBITION AUTHORITY, 2) ANY BACK
PAYMENT OF REVENUE COLLECTED BY THE DEPARTMENT OF OFF-
STRF..F,T PARKING FROM PARKING ON LAND OWNED BY THF. SEOPW
CRA, AND 3) ANY OTHER MATTERS EXISTING BETWEEN THE CITY
AND SEOPW CRA PRIOR TO JANUARY 1, 200I.
164 June 14, 2001
i
(Here follows body of resolution, omitted hero and on Me in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted=y< he
following vote:
AYES: Vice Chairman Wifredo Gort P'
Commissioner Tomas Replado
Commissioner Joe Sanchez
:4mmissiOner Johnny L. Winton
'Commissioner Arthur E. Toole. Jr.
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l65 June 14,2001
34. EMERGENCY ORDINANCE: AMEND ORDINANCE NUMBER 11970, ANNUAL
APPROPRIATIONS AND CAPITAL IMPROVEMENTS PROJECTS ORDINANCE. TO
INCREASE AND DECREASE CERTAIN OPERATIONAL AND BUDGETARY
APPROPRIATIONS FOR PURPOSE OF ADJUSTING SAID APPROPRIATIONS FOR
FISCAL YEAR ENDING SFPTEMBER 30, 2001 AND REVISE ONGOING CAPITAL
IMPROVEMENT PROJECTS AND MAKE APPROPRIATIONS FOR NEW PROJECTS
SCHEDULED TO BEGIN IN FISCAL YEAR 2000-2001; APPROVE CHANGES TO TABLE
OF ORGANIZATION FOR FISCAL YEAR ENDING SEPTEMBER 30,2C,01.
Commissioner Teele: Mr. Chairman, 1 move item 14.
Commissioner Winton: Second.
Alejandro Vilarello (City Attorney): It's an ordinance.
Commissioner Tecle: Ordinance into the record. Read it.
Vice Chairntan Gort: Read it.
Commissioner Sanchez: Well, discussion.
Commissioner Teele: Read the ordinance and then we'll discuss it.
Linda Haskins (Director, Management and Budget): There arc some changes I need to read into
[tic record.
Commissioner Teele: Oh, no.
Ms. Haskins: They're not scrivener errors. 'That grant was accepted earlier %oday for the Miami
River Development Corporation. We need to ...
Commissioner Sanchez: Fifty thousand?
Ms. Haskins: Yes. We need to change the numbers for economic and develop planning services
and special revenues to four million, four twenty-seven, three tiny -two, and total special revenue
funds to two hundred and thirty-three million two twenty-six eight thirty-nine. And CIP (Capital
Improvement Program), there -- Christina Abrams has been successful in bringing new activity
to the Coconut Grove Convention Center. We need to be able to do some work at the Coconut
Grove Convention Center and sonic other public facilities. So, we want to transfer three hundred j
and fifty thousand dollars ($350,000) in funding from the Orange Bowl C1P account to citywide
facilities assessments and improvements. So, that would change the numbers that were
originally presented for city-wide facility assessment improvements, fund number -- project
number 311010 to an old appropriation of seventy-three point six to a new appropriation of 420 -
three point six and a 2001 budget allocation of 420 -three point six, and in public facilities, we
would drop the total project appropriation from two million eight thirty-three to two million four
160 June 14, 2001
.7�T.�Try
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eighty-three, and this fiscal 2001 budget allocation from the million six zero seven point six to
one million two fifty-seven point six.
Commissioner Sanchez: Discussion.
Vice Chairman Gort: Gc ahead.
Commissioner Sanchez: How many positions are being transferred at the Public Works?
Ms. Haskins: In this ordinance, the total positions going to Public Works -- hold on. Let me get
my schedules here. There are an additional six positions in Public Works.
Commissioner Sanchez: And how would they -- where would they go throughout the City`'
What duties will those positions have`?
Ms. Haskins There are three automotive equipment operators, there's one labor crew leader,
there's an assistant to the director, and there's a Clerk Ii position. What these positions are --
what the new positions are allowing us to do is take advantage of the Workforce Development
Program grants so that we can bring in some grant -funded positions for six months. What we've
also done within this ordinance is provide funding to give the positions that these grant workers
would go into, if they were offered a job at the end of the grant tern, to a living wage, so they're
increasing the hours to forty hours a week and increasing the hourly rate for these workers.
There are total of sixty-one general laborers and four general workers whose hours are being
adjusted.
Commissioner Sanchez: Wasn't there talk and a movement by the City by putting more people
into positions, such as to clean up our City ..,
Ms. Haskins: And that's what the grant ...
Commissioner Sanchez: -- and focus on some of the areas that really need improvements?
Ms. Haskins: And that's what these grant positions are doing. We have the automotive
equipment operators that are helping with that, and then the grant positions will be litter busters,
tree trimmers, grass cutters, that sort of thing.
Commissioner Sanchez: OK. And how would that be distributed throughout the City? Would it
be based on priority? Are we going to target the downtown area? Are we going to target
different areas'? Because -- and let's be realistic here. And then I'll get into the CiP (Capital
Improvement Program) funds, and I was waiting for this because of a discussion that I wanted to
brine; up. I'm all for having positions to keep our streets cleaner and have better service to our
residents but, you know, if you look at certain areas of our community -- and I once have to stick
out for my district. You know, there's a lot of areas in any district that I would like to focus more
manpower to have cleaned. So, if you're going to come out with 12 positions, 14 positions, a
hundred positions, you know. I would like to see the administration have some type of priority
or, -- you ktto,.%,, I wouldn't argue that Coconut Grove and downtown are the areas that are mostly
167 June 14, 2001
visited and more frequently people visit the area, and those areas should have priority. But I don't
want to be left out like areas of my district, like Flaglcr and 8th Street, just like -- when we get to
the CIP issue that's coining forth here that you have on lite all the funds that arc going into
CIP. But 1 just want to make that very clear, Mr. Jackson. If they're going to distribute these
areas throughout the City, I do not want Little Havana lets out because I constantly have to be
calling saying that my streets are dirty.
John Jackson (Acting Director, Public Works): Yes, Commissioner. We will be looking at the
schedules throughout the City, in addition to your area, in making sure that we have more
frequent mowing of the medians and the right-of-way, and tree trimming. That's what these
crews -- these are .AEU-I s and labor crew leaders -- labor leaders is in charge of the crew.
Commissioner Sanchez: Mr. Jackson, let me tell you. First of all, congratulations for -- 1 think
it's been six years since the palm trees -- and I don't think they're called palm trees -- on Flagler
have been trimmed. They were just trimmed a couple of weeks ago. And I personally went out
there and saw the workers trimming the trees. First of all, it was a liability. People were walking
by -- I'm not sure what they're called. What are those trees called, those palet trees?
Vice Chainnan Gort: !Mini palms.
Commissioner Sanchez. No. They're mini palms or whatever. But we had incidents where
people would walk up and light a match or cigarette lighter and the tree would go up because
they were all dried up and it was a hazard. So, I ask, when was the last time this was done'? Six
years or live years ago. Just like a lot of things in our City that aren't done. Of course ,we can
go back and I'm sure there's all kinds of excuses why it wasn't done. Basically, the funds just
weren't there and the manpower wasn't there. But if we have the manpower, I think that we
should, first of all, distribute it equally throughout the City.
Mr. Jackson: Yes, we will, Commissioner. .
Commissioner Sanchez: OK. And on Capital improvement Programs. What is the total amount
that we have in CIP right now:'
Ms. Haskins: The total aniount of appropriated not spent, with what we did in the mid-year
ordinance and what we're doing with this, is approximately ninety-seven million dollars
($97,000,000).
Commissioner Sanchez: Plus a little bit more?
Ms. Haskins: Yeah. About ninety-seven million.
Commissioner Sanchez: About ninety seven-million dollars ($97,000,000). How many is
allocated to Public Works, twenty-seven million? r
Ms. Haskins: Currently appropriated to Public Works Department --
168 June 14. 2001
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Commissioner Sanchez: Projects that are on the wav right now --
Ms. Haskins: -- is twenty-seven million.
Commissioner Sanchez: -- programmed to start or programmed in the making.
Ms. Haskins: 1'es. Twenty-six six thirty-seven. Twenty-seven million.
Commissioner Sanchez: Twenty-six. Close to twenty-seven million dollars (S27,0(X),000).
Ms. Haskins Yes, sir.
Commissioner Sanchez: So, subtract that anti the remaining of that -- we -- let tile tell you what I
want to get at and I want to not beat around the hush with everything that's going on and
everybody's got their wish list now with the proposed baseball deal that's going on. Once again,
we get to a point that 1 have to stick up and say, you know, hey, we've worked very hard in my
district to try to do a lot of things there and usually, when the money's there, they end up going --
I hope I don't offend anybody because I'm wearing my Commission hat now -- you know ' a"
amount of dol:ars are going to have to go to DDA (Downtown Development Authority), which
they have funds: the CRA (Community Redevelopment Agency) also has plenty of funds and, in
many ways, you know, we feel that some other projects throughout the City, for whatever
reason, don't get the necessary attention they should get. So, let me ,just focus on the wish list
that's out there, having each Commission prepare their wish list. It's a fat wish list, and when it
comes time io allocate CIP, you know. I'm going to fight to get my share to go to my district
because it hasn't happened in the past, and that's why -- 1 look at these funds and I support them.
There's matte\ for the dredging. There's a hundred thousand dollars ($100,000) for the Orange
Bowl pump stations. There's a hundred thousand dollars ($100,000) for the GSA (General
Services Administration). 'I here's a hundred thousand dollars (.x,100,000) for the Blue Lagoon,
which it should have been done a long titne ago, but I want to let you krtow that come CIP and
money available, some better be coming; to my district.
,Ms. Haskins: Commissioner, we've -- we're now in the process of looking for a firm to help us
with the long -terns strategic CTP plan, so that those -- the issues that you're raising can be
addressed. There are a number of initiatives, new initiatives within the City, and wire going to
try to address those on a district -by -district basis, as well as making sure that we've bot Planning
and Economic Development, as well as Public Works and Parks all talking the same so that we:
would be able to present to the Commission a consolidated CIP plan.
Vice Chairman Gort: Couple ofthings. You finish, Commissioner Sanchez?
Commissioner Sanchez: Yes, sir. Thank you.
Vice Chairman Gort: Couple of things. 1 requested -- this Commission requested that you all
come up with the five-year Capital improvement Program that we've had in the past, but,
unfortunate, Commissioner Sanchez., 1 think it's very important for you to understand, it's never
been implemented. Downtown Miami, that produces thirty-three percent of the taxes, ad -
169 June 14, 2001
valorem taxes for the City of Miami. has not had any capital improvements in the last ten of
fifteen vears or any funding or spending last 14, or 15 or 20 years. So. I want to clarify that
because everybody thinks everything is going to DDA and to downtown. At the same tune, I
want you to know that Allapattah produces over one billion dollars ($1.000,000,000) in revenues
for the City of Mianu. That's another area within our- City that's been deteriorating for a long
time because of the lack of capital improvement. If we really warn to bring our neighborhood --
and 1 think- the people in downtown understand that in order to continue investments and people
corning to downtov.-n, we need to take care of the neir�hhorhoods, but it's a combination of the
Mo. And I believe that we have to bring all the priorities over here and N%,e have to make the
decision what's going to he hest for the whole City of Miami, and I think that's very important
that we do that. We need to look at those things. And let me tell you, if you don't think it works,
how many of you remember the Umiii when it first opened up? It was a beautiful place. 1 think
it lasted live years because we did not take care of the neighborhood, previous administration.
Neighborhood deteriorated and there went the Uinni. So, i think we all understand, not only we
need to take care of one neighborhood, but all of them because what affects one neighborhood
affects the whole City. So, when that plan conics back, I think we all need to look at it and make
the decision based on what's best for the City of Miami. At the same time, the second thing I'd
like to do is -- i have people coming to me all the tirtic, and Fin sure they cone to all of the
Commissioners. People that are hired part-time -- this goes back when -- and this is going to tell
you how old I am -- if you all recall CITTA (Comprehensive Employment and Training
Program)'' CETA! Remember that program? It was a federal program that we're -- I don't
know why it was (inaudible).
Mr. Joel E. Maxwell (Assistant City Attorney): Comprehensive Employment and 'Draining Act.
Vice Chainnan Gort: What is it?
Mr. Maxwell: C'omprehensivc Planning ...
Vice Chairman Goat: Comprehensive Employment Training Act. h was done by the federal
government some 25. 30 years ago, and it was to get the people to work, and then put them into
the work force. Unfortunately, we still have people here that were employed by CETA and
they're still part-time. I want to make sure that if we're not going to have a position or some of
those individuals will never he able to conic into a regular position, to please let them kilo\+.
Let's not give them any hope. And it' they can, they should he given -- any temporary should
given the opportunity to apply for any opening within the City of Minnii. i think that should be a
number one. All right. "Dhank you. Any other questions!
Commissioner Teele. Mr. Chainnan?
Vice Chairnian Gott: Yes, sir.
Commissioner Teele: A number of questions, but let me ,just say that, as we said in the last
meeting, at the risk of throwing too many bouquet of flowers, this process is so much more
transparent, so much more improved, so much clearer, so much better, and this is the finest mid-
year budget that I've seen in the three years, going on four years, that I've served here, grid 1
170 June 14, 2001
•
commend vou, Mr. Manager, and the Budget Director, and the departments because it's very
clear that there's an effort going on to improve. The positions that are going to Puhlic Works, am
those new dollars or are those saved staff positions from looking all over the City, finding any
savings and giving; those savings -- redirecting those savings to Public Works?
Ms. Haskins: All the new positions are funded on an annual basis with salary savings. There is
a slight imbalance of only four thousand on an annual basis. That's it. So, we've funded these
positions with such savings.
Commissioner Teele: But, in effect, these are not savings from Public Works. 'They're savings
citywide.
Ms. Haskins. Citywide, sir.
Commissioner Teele: And, see, that's what I'm trying to commend the Manager tbr, and the
assistant Managers, the ether assistant -- the whole management team, because now we're out of
-- this is my turf and this, that, and the other. I'm sure there are some department heads that may
not feel too happy about it. I'm sure that John Jackson's not the most popular guy in town right
now. but it really does reflect, 1 think, a different approach, Mr. Manager, and a professional
approach. There are a number of issues in this, but i think it's time we settled the HUD
(Department of Housing and Urban Development) dollars. You're taking one point one from
general reserves. Ilow much does that leave in general reserves?
Ms. Haskins: These monies are coming from a reserve that was in the capital.
Commissioner Teele: And set up in September.
NIs. Haskins: In the capital, eleven million one twenty-six, something like that. It's management
initiatives that was an accumulations of resolutions from last year that needed to be funded for
this year.
Commissioner Teele: Right.
Ms. Haskins: So, that would be -- that would drop that management initiative reserve by a
million. one forty-six. The contributions to CD (Community Development).
Commissioner Tecle: Has there -- all right. And, Ms. Haskins, have you had conversations with
the Oversight Board on this emergency budget adjustment?
Ms. Haskins: No, I have not. These monies were approved by the Oversight Board last year.
Commissioner 'l Bele: Right,
Ms. Haskins: Because they were resolutions for that
171 June 14, 2001
otz��
Commissioner Teele: Would you make sure that you all do meet with -• maybe their financial
advisor? Who's their financial advisor''
Ms. Haskins: PFM (Public l7inancial Management).
Commissioner Tccle. Yeah. Would you make sure that they understand exactly what we're
doing and that there's a -- the other issue. Mr. Manager, is I really appreciate you all addressing
the need for more dollars for Community Relations and I'm hoping that the Police Department
will work closely with Community Relations and address some of those matters that have been
discussed in the various community meetings, where I'm beginning, to get calls saving "Where's
the follow up! When is the questionnaire going out? Where are the surveys?" and those things.
So that, 1 thunk. is important. And the other issue -- the most important expenditure in this --
well, let the save that until last. I ani very concerned about the Parks Department budget. As
you know, Ms. Haskins. we -- we've discussed this. Hadley Park issue is an issue where funds
were appropriated for a project. They were used at Hadley Park but for a different project, and
that could happen to anybody at any time, and I'm not making it an issue of that But you all
have created two Hadley Park projects, not for the purpose of creating a new project, but for the
purpose of recognizing something that happened four years ago or five years ago and three years
ago, and I want to put that on the record because money that was appropriated to Hadley Park
was expended -- money that was appropriated for a community and culture center was expended
for other activities at Hadley Park, and that's fine. 1 don't have a problem with it, but there are
shortfalls still that we need to address. Can I get an assurance that we can wotk together and.
perhaps, if necessary, go to the Oversight Board on sonic issues relating to this and we can fully
resolve the Hadley Park issues before the break of the -- the summer break, please?
Ms. Haskins Yes, sir.
Commissioner Teele: OK. And I continue to be concerned about Solid Waste. I got the graphs.
It's very clear that, you know, the Solid Waste budget is out of control. it's out of control
because the agreement that the City made with the County on tipping fees. so they've got an
autoniatic check writing machine that can write a check for our Solid Waste Department and,
thcretore, our budget, every year -- and it's nothing that we can do about it, but smile, I guess.
Carlos Gin]CnC7 (City Manager): There is onr thing that we can do about it.
Commissioner] cele: What's that'?
Mr. Ginnenez: The only out to that interlocal is that if we somehow finalize contract with
Bedminster,
Commissioner Tecle: Well, has anybody looked at -- in light of the recent Supreme Court cases f
-- and i saw sonic articles in the -- what's that magazine that League of Cities does, City and
County and what's the thing -- the magazine that comes out every month'? Anyway, the -- sort of
the Bible of local officials that read and stay up on City -- they were talking about the Supreme
Court reversal on the flow control issue and how that has created, literally, pandemonium in
certain loculities with these flow control deals. Mr. Attorney, I want you all to get involved and
172 June 14, 2001
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cane back, if you think necessary, and let's find some cities that are breaking these flow control
deals and let's see if there is any way out that -- that we can opt out of the flow control agreement
that we made. Apparently, the Supreme Court has ruled that those are in violation of sonic anti-
trust provisions, and 1 don't know if you all are on top of it. 1 would assume that being a City
government, we don't follow anti-trust -- we don't have a anti-trust guru sitting around in a closet
somewhere, but I would assume that there are some that we could find that have worked with
other cities that have done this, and I would ask that the Budget Office work with you on that,
Mr...
Vice Chairman Gort: Or what you can do is check with the Florida league of cities, national
league of City and they'll probably have some ...
Mr. Maxwell: Yes, sir. We belong -- and, Mr. Chairman, and members of the Commission, we
also belong to International Association Of Municipal Law Attorneys that follow these issues
very closely as well. So, we can ...
C'omtnissioner 7 cele: Yeah, but they don't publish. The other group does.
Mr. Maxwell: Oh, no, they publish as well too.
Commissioner Tecle: So, take Commissioner Gort's and then just do the other thing, too. But
lawyers shouldn't, you know -- it will be good if you could just work with us on this one, as well
as that, and give us a report. Work with the law -- with the Solid Waste and the budget office
because I think this is a serious issue, and 1 think, you know, it's very clear to me that we are
going to raise solid waste fees -- and, Commissioner Gort, you wenn the Liberty City meeting.
You know what the meeting turn into. It turned into debate about Solid Waste costs, to a great
extent, and, quite frankly, overgrow -n lots and trash not being picked up, and people being paid to
pick up the trash that can't get paid by the City. So, that's what the Model Cities meeting would
up degenerating to, at a point, but the fact of* the matter is, this is a very real issue, and it impacts
us as a City, but it's not our bill. It's the County's bill, and we ought to start looking at how we
can serve notices -- provide written notices each year to the -- to our customers that your bill is
being increased this year based upon an increase that we have received from the County, and
these are the same people that go down to County }-tall too, so 1 think we need to think a little bit
more creatively about how we not -- how we give enough information to Jet the public know that
we're not raising their fees, necessarily, that the tipping fees are being increased. Is there going
to he a tipping fee increase next year, Madam Budget Director?
Ms. Haskins: in the slid -year, we dict provide for potential increase of about four hundred
thousand dollar ($400,000) additional.
Commissioner Winton: if you look at the graph, I haven't -- I didn't Sec that graph go like this
one single tulle. so it ...
Commissioner Tecle: It's going like this (indicating).
Commissioner Winton: So, it went (nun -interpretative sounds).
173 June 14. 2001
Commissioner Teele: It's just going -- every year it goes up, and this is a check that we have to
write to the County. The most important thing in this whole budget amendment, Mr. Chairman
and members of the Commission, as far as I'm concerned, is the twelve thousand five hundred
dollars ($12,500). And, Mr. Clerk, I want to be very clear as to this money that's coming to your
office. There arc a number of people running for public office, who are receiving information
from well -intended employees of the City about their departments and about things that are
going on in the City, and that's their constitutional right. Fin not trying to infringe upon
anybody's right. However, I think this answer desk gives everyone in the public, for the next -- I
would hope that we can close it down by the end of November -- an opportunity to ask, in
writing or c -mail or whatever, questions, and that those questions will be staffed by you and the
Manager in getting an intelligent answer. it's no more than the right that the press has right now.
The press is generally responsible. They generally will go to the Manager directly and ask a
question, rather than writing a story based upon what somebody says. But 1 have spoken to
several candidates for office -- and this is particularly true, Mr. Chief, in your area -- where the
people have one hundred percent wrong inlorniation. in some cases, total misinformation, and
these people are preparing platforms and statements and position papers based upon infornnation
that has conic from various departments. The purpose of this answer desk, which is going to be
housed in the Clerk's Office, is to provide a single place, in the sunshine, where people can come
in and get answers, where you can walk over the Manager's Office and let him staff those
answers and stet an intelligent response back in a manner in which it's seamless, it's finely, and
that it's open to the public. And, so, I would hope that we would have a process where anybody
from the public, whether they be a candidate or not, can ask questions and get answers in a
timely manner, hct%vccn the Clerk, the Manager, and the Attorney. I think one of the things that
we really need to try to avoid is the demagoguery and the misinformation that otherwise well-
intentioned people have had. One such question was about the Goombay Festival that a
candidate asked me about. Another one involved the number of police officers that are sitting
behind desks, and the number that they had, in my judgment, were one hundred percent wrong.
There's talk about how NET (Neighborhood Enhancement Team) offices have been reduced in
staffing, and that's just not true. But, you know, certain people are bivinst their spin on
everything. So, 1 think we need to make it -- the office available, but, more importantly, I think
we need to put a notice and we need to mail, particularly, to all of the candidates that are seeking
any office, that this service is available to them. It's available only fbr the purpose of providing
objective information, and that information should conte through the Manager's Office or the
City Attorney's Office, as appropriate. And, Mr. Manager, I commend you because 1 think the
one thins; this City doesn't need is a lot of misinl'ornation and a lot of demagoguery about things
-- it's going to happen on other issues, but about facts that are available. And, so, I commend
you for at least addressing that. And, Mr. Clerk, I hope you will develop it plan to tite public
and to this Mayor and Commission of how this is going to be implemented within the next two to
three weeks, sir. Call the question.
Commissioner Regalado: One question. Forty thousand dollars ($40,000) for the C'IY is there?
Ms. Haskins: Yes.
Commissioner Regalado: When can they use the money"
174 lune 14, 2001
616162=1
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Ms. Haskins: Ten days. If it's signed --
Commissioner Regalado: Ten days from today?
Ms. Haskins: If it's signed by the Mayor, as soon as the ten days. If it's not -- if it goes without
being signed.
Commissioner Teele: Assuming it doesn't get vetoed.
Commissioner Regalado: No, it won't get vetoed.
Commissioner Teele: I said, assuming.
Commissioner Sanchez: OK. It's an ordinance. Four-fifths. Mr. City Manager. I mean, Mr.
City Attorney, read it.
An Ordinance Entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NUMBER 11970, AS AMENDED, ANNUAL
APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECT ORDINANCE, 1'0
INCREASE AN DECREASE CERTAIN OPERATIONAL AND BUDGETARY
APPROPRIATIONS FOR THE PURPOSE OF ADJUSTING SAID
APPROPRIATIONS. FOR FISCAL YEAR ENDING SEPTEMBER 30, 2001, AND TO
REVISE ONGOING CAPITAL IMPROVEMENT PROJECT AND MAKE -
APPROPRIATIONS FOR NEW PROJECTS SCHEDULED TO BEGrN IN FISCAL
YEAR 200012001; FURTHER APPROVING CHANGES TO THE TABLE OF
ORGANIZATION, ADOPTED SEPTEMBER 2R, 2000, AS AMENDED, FOR FISCAL
YEAR ENDING SEPTEMBER 30,2001; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE-.
was introduced by Commissioner Teele and seconded by Commissioner Winton, for adoption as
an emergency measure, and dispensing with the requirement of reading same on two separate
days, was agreed to by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez.
Commissioner Arthur F. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None.
m�aj■�
175 June 14, 2001
Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner
Winton, adopted said ordinancc by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado r�r
Commissioner Joe Sanchez
Commissioner Arthur E. Tele. Jr.
Commissioner Johnny L. WintonX =
e`
NAYS: None. 3k
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12079
The ordinance was read by title into the public record by the City Attorney.p
s,
t� Y
Commissioner Sanchez: It's an emergency ordinance. Mr. City Clerk, call the roll.
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176 June 14, 2001
0 •
35. AGENDA ITEM 15 REGARDING FIRE FEE
Commissioner Sanchez: Item 15, Department of Fire -Rescue. It's a resolution.
Commissioner Tecic: So move, Mr. Chairman.
Commissioner Winton: Second.
Commissioner Sanchez: OK.
Commissioner Teele: May I just ask one thing, Mr. Nachlinger?
Bob Nachlinger (Assistant City Manager): Yes, sir.
Commissioner Teele: What is the annual appropriation now of the supplemental fire -rescue fee?
Mr. Nachlinger: The total amount generated by this fee?
Commissioner Sanchez: Fourteen million?
Mr. Nachlinger: It's -- let me get you an exact number. Fifteen million, four hundred and thirty-nine
thousand. We're anticipating a collection of thirteen million, three hundred and fifty-eight thousand.
Commissioner Tecle: Does the fee have a sunset date?
Vice Chairman Gort: No.
Commissioner Teele: In time original ordinance -- Mr. Attorney, may I direct that to you'? In the original
ordinance, does the fire fee sunset?
Joel Maxwell (Assistant City Attorney): 1 would have to -- Commissioner, I couldn't answer off the top
of my head whether it had a sunset provision in it.
Commissioner Teele: And the final question is, how much money is the State of Florida -- you know all
of that talk about the good neighbor policy and all that work we were going to do? What's the proof in
the pudding here? Do we have -- How much money is the State of Florida paying in the fire
supplemental fee for the state buildings that are here'? Didn't we say we were going to ask them
voluntarily to make a payment?
Commissioner Sanchez: Voluntary'!
Vice Chainnan Gott: And the federal goverment, too.
Commissioner Teele: No. We asked that the state -- because the State Oversight Board -- you know,
we're -- you know, all we're asking them to do is just pay their cost for services. If we We have the
177 6/14/01
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methodology. We know how many square feet. We instructed the management to send them a
voluntary bill or to send them a hill. Do you know if that bill has gone out to the Stale?
Carlos Gimcncz (City Manager): I'm not sure, sir. I don't believe we did that. If we didn't, we
dropped the ball, Sorry.
Commissioner Teele: No. i guarantee you, Mr. Clerk, and Mr. Manager, Mr. Attorney, we instructed
you all -- maybe not by motion, but we can get the transcript -- to ask the State, based upon the fact that
we're under the Oversight Board. it's a simple calculation of square feet, isn't it?
Mr. Gimenez: I'm not denying that you did instruct us. i don't believe we did it. So, I mean, like l say,
I'm apologizing for dropping the ball.
Commissioner Tecic: Then, if it pleases -- unless -- if you don't object and the Attorney doesn't object,
1 would like to move after this that we, by resolution, ask the Manager, direct the Manager to calculate
and to send out a request for a payment on a voluntary basis to the state, and particularly, bring it to the
attention of the Oversight Board, and ask the Oversight Board to ask the Governor to instruct the
agencies to make the payment for the cost of their services. That's the state. Now, as it relates to the
federal government, you all talked about a good neighbor policy that they were undertaking or
something. Do you remember that, Commissioner Sanchez? You don't?
Commissioner Sanchez: No, sir.
Commissioner'Ceele: The Good Neighbor Program that the feds were under?
Vice Chairman Gort: I do.
Commissioner SancheL: I don't.
Commissioner Teele: And if you go back, we said we were going to ask them to make a payment, a
voluntary payment. And so the question gets down to how much does the County pay'? Because they're
the ones with the largest number of institutions that require fire and rescue.
Mr. Gimenez: The County, the institutional tax-exempt properties are exempt, and that includes most
County facilities. Also, public housing facilities are also exempt.
Commissioner Sanchez: And Federal.
Mr. Gimenez: You know, through the will of this Commission. i
Commissioner Tecle: The question is simply this: Have we calculated? Have we calculated the amount
of money that the County and the School Board directly would be required to pay if they made a
voluntary payment?
Mr. Gimcncz: Yes, sir. All those calculations are available, and we can bring them to your attention.
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Commissioner Teele: And my request would be that we go out and ask each of those entities for a
voluntary payment. Let me tell you something about the -- break out public housing. It doesn't cost the
County anything. The Federal government gives the County annually a subsidy for the cost of the
facilities. The Fed& pay for water, sewer, certain telephone charges. 1 guarantee you, if somebody goes
through the annual -- it's like a hundred and eighty, a hundred and sixty million dollars ($160,000.000) a
,year. If somebody in the Audit Department would go through how they are paying, I guarantee you,
they're paying themselves back for water and sewer charges out of that fund. It wouldn't cost them
anything to put our number in there.
Mr. Gimenez: Commissioner, we have some numbers for you. The public housing exemption is one
point two million for fire assessment. The --
Commissioner Teele: You mean the one -- it's one point two million.
Mr. Gimenez: Yes, sir.
Commissioner Tccic: But it's exempt.
Mr. Gimenez; It's exempt.
Commissioner Teelc: OK.
Commissioner Winton: Per year.
Mr. Gimenez: Per year. At this year, this year's rate, according to these new numbers. The total
exemptions of all properties that we exempt, again, institutional tax-exempt properties --
Commissioner] eele: Including churches.
Mr. Gimenez: including churches and including now public housing is something three point two
million. So one point two is public housing. The other two million are the institutional tax exempts.
Commissioner Sanchez: One point two.
Mr. Gimenez: That includes most government buildings and churches.
Commissioner Winton: Could I have a copy of that, please'?
Commissioner Teele: May 1 get a copy of it?
Mr. Gimenez: It also includes the School Board.
Commissioner Teele: May I get a copy? And let me tell you why the consultant was so to the point.
The fire -rescue is a fire -rescue district. The calls that conte from public housing are disproportionate in
the context of the other facilities. In other words --
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Mr. Gimcncz: Thcir demands for services are greater than -- in proportion than other same types of
facilities.
Commissioner Sanchez: How do you know that?
Commissioner Teele: Yeah. So everybody else is paying for it. And it's just not fair, because the
County gets a subsidy from the Nederal government to reimburse them for all of those costs. That's a
reimbursable expenditure in their block grant they get from the Federal government. So if they paid it,
they'd pass it on to the Federal govcrrunent.
Commissioner Sanchez: Mr. Chairnian.
Mr. Gimenez: Yes, sir.
Commissioner Sanchez: But --
Vice Chairman Goll: Go ahead.
Commissioner SanchC7: Mr. Tcele, you make a valid point, but voluntarily, it's like, you know, if you
don't ask, you don't get the date here. But I paean, you're basically -- to say "volunteer," what
percentage are they going to pay something to us or write us a check?
Commissioner Teele: I really believe that the state may make a payment. 1 mean, beibre the tax
numbers turn down this last quarter -- Didn't the Joint Estimating Conference say that there's a
downturn, there's been a downturn in the state? But I really believe that
the --
Vice Chairman Gort: (Inaudible) are going to drop quite a bit.
Commissioner Teele: Yeah. 1 really believe that the State, given the fact that we're under an Oversight
Board, and I think given the Oversight Board Chair, if we went to the Chair and said, here is the number,
and we're asking you to ask the Governor to instruct the Budget Office to put that in the budget, I think
they would be -- have been obliged to do that all along. So then if the state does it, then you've got an
argument that Public Health Trust should do it, and certainly, public housing should do it. Because I
think if the -- Victor -- what's his name? -- the internal auditor would go out and do the research and
analyze the budget of public housing, you will find an account that they receive from the federal
government that reimburses them. The County is held harmless for those fees. And what's worse,
what's worse is, I guarantee you tell fat men that they're charging the service for water and sewer back
through that account.
Mr. Gintcncz: The problem that we have with public housing is that there is an existing PILOT
(payment in lieu of taxes) agreement.
Commissioner Teele: Which is in violation of -- and we've asked the City Attorney time after time after
time to bring in a special counsel and give us an opinion. As long as I'm here, 1 believe that that
agreement is a violation against the rule against perpetuity. And all you got to do is give a legal opinion
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that says it's not. I've been here three years saying, give its an opinion as to whether or not that PILOT
violates the rule against perpetuity as it relates to the restatement of contracts. It doesn't have an ending
date.
C'omtnissi'mer Sanchez: Mr. Chairnian, getting back to the argument I was going to make. I believe
four million dollars ($4.000,000) go to the Fire Department for capital and equipment, and stuff like
that, which is fine. We've collie a long way with equipment and stuff. But let me tell you, this has been
a fee that 1 have not been able to swallow, and that's just the way I feel about it, because it came about
when the City needed money. And, of course, we had to be very creative to bring in revenues. But this
is a perfect example of a tee that as soon as we could bring in additional revenue, we could probably do
awaN with it. And one of the things is the parking surcharge. i know, probably 1 won't be very popular
by swing: that extending the parking surcharge for 40 years would give its a significant revenue stream
that would probably allow us to do away with this fee that's really hurting a lot of people out there. It's
helping our City and it's helping the Fire Department, but it's really putting a dent on people. One of
the biggest concerns I get is people telling me it's the fire fee. People don't utind paying fur the trash.
because you know what`' We have the best trash system. We have the best trash department and pick
up, I think, in the nation. But this fee, it's something that 1 continue to get complaints from my
constituents on it. I think that one of the first things that, if we're able to accomplish, going hack to
Tallahassee, for whatever reason, extending the parking surcharge for 40 years, this should be one of the
first fees that we should do away with.
Commissioner Winton: And I tell you. I find that statement really ironic, because the majority of the
revenue out of this damn fire fee conies from commercial property owners. And the single-family
residential property owners aren't paying anything, compared --
Commissioner Sanchez: Well, they are paying something, Johnny?
Commissioner Winton. Yes. But the prime --
Commissioner Teelc: It's symbolic. Symbolic.
Commissioner Winton: It's symbolic payment. The money conies out of the commercial property, just
the same as that parking; surcharge. They both come out of the business community, by and large, both
of thrill.
Commissioner Sanchez: They won't have to pay two. They'll only pay one. They won't have to pay
both of them, just one.
Commissioner Teele: Well, it sounds like there's three of us up here that say what we ought to really be
talking about doing is eliminating the fire fee and extending the parking surcharge for 40 years. I mean,
Fin m totally -- that totally makes a lot of sense to me, because it's a commercial tee being collected.
Vice Chairman Dort: It's a user's fee.
Commissioner Teele: And I'll tell you something. It hurts the image of the Fire Department. Nobody
likes to pay it. Johnny, I think you're wrong to say that they're not paying it, the homeowners. 1
lgl 0/14/01
understand what you're saying, but people sec this, and the problem is that every one of those folks vote
that's paying -- what is it now? About forty-eight dollars ($48)?
Commissioner Winton: I think that was my point. That was exactly my point. They vote. Tile business
community doesn't vote. That was the whole point I was making.
Commissioner Teele: What is the residential flat rate for the --
Mr. Gimcncz: Sixty-one.
Vice Chairman Gort: Sixty-one dollars ($61).
Mr. Gimcncz: Sixty-one dollars ($61) a year.
Commissioner Tecle: And it is a symbolic fee. But let me tell you. there are a lot of people who are on
fixed incomes. There are a lot of people living below the poverty line that cannot afford to pay that
sixty-one. And I'm going to tell you, right here, right now -- when do we do the budget? In July'?
Mr. Gimenei: Commissioner, 1 would --
Vice Chairman Gort: They're working on that.
Mr. Gimcncz: Commissioner, I would --
Commissioner Teele: 1 hear you. I know what you're going to say. You're going to swallow hard now.
Mr. Gintunez: That's what I'm worried about, because this --
Commissioner Teele: Reforc you say -- before you tell me not to --
Mr. Gimenez: -- this fee brings more money --
Commissioner Teele: Mr. Manager, before you tell me not to say it, I want to say it. And that is 1
strongly support the fact that this Commission should look at eliminating the fire fee and using the
parking surcharge or proposing a use for the parking surcharge as a way of providing permanent tax
reduction, in lieu of, you know, all these other things that we're talking about. I think we ought to
eliminate the fire fee. And I have said that. And as soon as we get rid of the Oversight Board, you
know, which I hope will be this October, I think that's what we ought to be talking about doing. I don't
want to do it in this budget year, because we've got to submit this thing to the Oversight Board. Is that
right? Do we have to do this budget to the Oversight Board?
Vice Chairman Gort: Yes,
Unidentified Speaker: Yes, sir.
Commissioner Regalado: No.
182 6/14/01
Commissioner Sanchez: Not this one. But we got to --
Commissioner Teele: We don't?
Vice Chairman Gort: No.
Commissioner Sanchez: We bot to have the 40 years --
Commissioner 'feelc: You're saying this budget does not go before the Oversight Board?
Mr. (Jimenez: 1 don't believe so.
Commissioner Tcele: Well, 1 move that we have a commendation to each of the Oversight Board
members and thank them, and give them, you know, a ticket to Disneyland or somewhere. Disney or
somewhere, you know, and a key to the City, if we can bet one from the Mayor.
Vice Chairman (amort: Gentlemen, if I may. If I --
Commissioner Regalado: Just a question.
Vice Chairman Gori: Go ahead, yeah. I'll be last always.
Commissioner Regalado: When does the fire fee supposed to sunset?
Commissioner Sanchez: Never. It doesn't sunset.
Commissioner Regalado: Yes, it does.
Mr. Maxwell: No. That's a -- I was asked that question. I perused -- it doesn't, does not sunset.
Commissioner Regalado: Well, if we go back to the minutes, there was discussion that when all the
equipment for the Fire Department was resolved, all the issues, then the fire fee would go away. And
we talked about twenty million. 1 remember that. And there was discussion that this will sunset in five
yeas.
Commissioner Sanchez: The parking surcharge was five years.
Commissioner Regalado: No, no, no. No. As a matter of fact, I mean, this was -- this was in '96 and j
'97.
i
Mr. Gintenez: This is part of the financial recovery plan, yes, sir.
Commissioner Regalado: 1 understand. But Carlos, remember that we discussed that -- you were here.
I'm positive that we discussed --
183 6/14/01
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Mr. Gimenez: Yes, sir, we did.
Commissioner Regalado: -- about the twenty millions and the five years.
Mr. Gimenez: Yes, sir, we did.
Commissioner Regalado: OK. So that's what I'm saying.
Commissioner Sanchez: But ,just for point of clarification. The parking surcharge expires in the year
2006. OK? That, it expires then. It's terminated. That leaves us a shortfall around that time, based on
a 2.5 percent growth at -- what? Seventeen million coming in?
Mr. Nachlinger: Closer to sixteen;, sir.
Commissioner Sanchez: Well, that's not talking about the litigation with the County and stuff. But the
extension of the parking surcharge for 40 years would allow us to do away with the fire fee. I think it
could be done.
Mr. Gimenez: Sir, a lot of things could be done. I will give you copies of the five-year plan, and you
can sec what's in the five-year plan, in terms of revenues and expenses. And, you know, those things
are -- you can plan around them, but for this year, this fire fee is required.
Vice Chainnan Gort. Gentlemen, if you'd listen for a minute. Hello? Hey, can 1 have the courtesy of
having you guys listen to me, please'?
Mr. Nachlinger: Yes, sir.
Commissioner Sanchez: Absolutely.
Vice Chairman Gort: Thank you. Appreciate it. Where is Teele? Commissioner Teele.
Commissioner Teele: Yes.
Vice Chairman Gort: Can I have your attention for a minute, please? Let me tell you all something, and
1 stated it earlier this morning. And staff, you correct me if I'm wrong. But my understanding, ever
since I've been a resident of the City of Miami, I've been told, especially 15 years ago, that the tax-
exempt properties within the City of Miami is about 35 percent. Am I correct?
Mr. Gimenez: That's correct, sir.
Vice Chairman Gort: OK. My understanding also, when 1 sent you the memo two weeks ago, asking;
you to look at not only the tax-exempt property, but how much property has been taken off the City's ad
valorem taxes, because of the expansion of the expressway, the interchange that's taking place, the
Miami -Dade, and all the services that are being provided. My understanding is you came out with 700
acres?
184 6/14/0)
Mr. Gimenez: Seven hundred.. Over 700 acres.
Vice Chairman Gott: With that figure, would that put the City's tax-exempt property at maybe 40
percent?
Mr. Gimenez: We have to figure out how many acres there are in the City, and i'll get Planning to (to
that, and then we'll give you some type of a percentage on that. But it adds to the 30 percent.
Vice Chairman Gort: At the same time, I think you can go back to the list of before those things were
built, all the expressways, you can get a rough figure. I understated this could be an argument to find out
for another source of funding, because the growth of this Miami -Dade community has been at the
expense of the City of Miami. And I don't think the residents of the City of Miami should continue to
pay for that. I was at Jackson hospital the other day. They had ten police, ten of our police cars
providing services there. Something happened there. And I go by once in a while. We're providing
services to everyone and a million people a day, Somehow, I think if we go to the League of Cities or
the National League of Cities, you can find out ways that we can collect these taxes. And that can be an
additional way that we can extend the surcharge. OK?
Mr. Gimenez: Well, we did some studies, sir, and the closest City in Florida that compares to Miami is
Tatnpa. And Tampa has got ten percent less tax exempt than we do, which would generate about fifteen
million dollars ($15,000,000), which is about what the fire fee generates, which is about what the
parking surcharge generates.
Vice Chairman Gort: But that's what I'm saying. But at the same time, I don't believe the residents of
the City of Miami should be paying for all that. 1 think somehow, we have to find from other people
that receive our service and receive our benefits to pay for those taxes, and I think that's what we've
been discussing now for a long time.
Mr. Gimenez: l also just found out that Hillsborough County pays Tampa a fifteen million dollar
($15,0011,000) PILOT.
Mr. Nachlinger: Voluntarily.
Vice Chairman Gort: OK.
Commissioner Sanchez: Look into that.
Mr. Gimenez: So our language effectively drops it down to ten percent. So we got to carry 20, 25
percent more than Tampa does, which has got twenty million dollars ($20,000,000) assessed, just like
we do. i
Vice Chairnean Gort: Well, I'd for you to do is to look into the other cities throughout the nation that
has a similar -- The only other one that I know is Washington, D.C. It's not considered a city by the
federal government. OK?
185 611401
T�r���
Mr. Maxwell: Boston has what's considered the model PILOT program, and it was adopted pursuant to
their legislature up there. And when we looked at that in the past, that was the problem we ran into here,
that we needed some kind of legislative act on the part of Tallahassee to implement the program. And
what you adopted in lieu of -- I don't like to overuse the expression, but in lieu of a formal program was
a Property Exempt Steering Committee you may remember several years ago, that wasn't very
successful, It was a voluntary program, which is quite different from there.
Vice Chairman Gort: Volunteering doesn't work.
Mr. Maxwell: It didn't work at all.
Vice Chairman Gort: OK. Well, we'd like for you to look at that. Now, my understanding is,
gentlemen, we need to make a decision on this today.
(INAUDIBLE COMMENT)
Vice Chairman Gort: No. no, on this one. I already instructed the administration to do that.
Commissioner Tecle: One final question. How much money is going for -- hon. -- When we set this
up, it was all capital. What --
Mr. Gimencz: (Inaudible) money that goes for capital is four point two million a year goes to -- funds
the capital needs of the Fire Department. The rest goes to --
Commissioner Teele: What percentage of the fire fee, the fire fee, what percentage of the fire fee goes
for operations right now" Initially, when we passed this the first time, it was only capital. That was the
discussion we had. And that's when the sunset talk was going on. Then there was a turn, and we funded
operations out of it. And once you fund operations, you can't sunset it. About.
Mr. Gimenez: You got about 70 percent going to operations, 30 percent to capital.
Commissioner Tccie: I move the --
Commissioner Regalado: That's not what we said five years ago or four years ago.
Mr. Gimencz: No. 'the initial, the initial resolution started out at a rate of 24, and it all went to capital.
Then as the five-year plan of the Oversight Board came in, we had more that had to be put in. And they
still remain with a four point two million for capital, and the rest went to operations.
Coinmissioner Teele: I move the item.
Commissioner Winton: Second.
Vice Chaimtan Gort: 'There's a motion. is there a second? No further discussion. All in favor state it
by saying "aye."
186 6/14/01
IIIIIRIlFT�
Commissioner Winton: Aye.
Commissioner Regalado: No.
Commissioner Sanchez: No.
Vice Chairman Gort: No.
Mr. Maxwell: Roll call.
Walter Focman (City Clerk): Roll call. Commissioner Teele.
Commissioner Teele: Yes.
Mr. Foeman: Commissioner Sanchez.
Commissioner Sanchez: No.
Mr. Foeman: Commissioner Winton,
Commissioner Winton: So if I change my vote here, then the fire fee will go down in flames?
Commissioner Teele: No.
Commissioner Winton: Is that what we're saying here?
Commissioner Teele: If you change your vote now, the budget goes down in flames, not the fire fee.
Commissioner Winton: Yeah, exactly, exactly. So, wait a minute. Let's get this clear. The district that
I represent that pays proportionately, by far and away, the greatest amount of this fire fee, I've got to
vote --
Commissioner Tccic: Your district probably pays SO percent.
Commissioner Winton: I've now got to vote "yes" on it, because the two that probably pay the least
proportionately are saying "no" on it.
Commissioner Sanchez: But I've always voted "no."
Commissioner Winton: Isn't this --
t
Commissioner Teele: Both Commissioner Sanchez and Commissioner Replado have traditionally
voted "no" on this.
Commissioner Sanchez: Since day one.
187 6/14/01
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Commissioner Winton: All right, fine.
Commissioner Teele: But the irony, the irony is your district probably generates 50 percent of the total
fire fee. And I would ask the staff to provide by district what each district pays when it --
Commissioner Winton: I vote "ves."
Commissioner Teele: -- when it's convenient.
Mi - Focman: Continuing roll call.
Commissioner Regalado: And, you know -- excuse me. You know, Johnny, the fire fee now and in the
future will be like the Florida lottery. They say that the money is supposed to be used in education. But
what they did is they took money from the general fund of the education and pumped money from the
lottery, and they can claim that ten thousand million dollars have been pumped into the education. My
understanding was always that the fire fee was to restructure the equipment of the Fire Department. And
Commissioner Winton: You know, I was --
Mr. Gimenez: Commissioner, the original four point two every year goes to the infrastructure needs of
the Fire Department. And the Fire Department's infrastructure has been vastly improved. You know,
one of the things we talk about here is infrastructure money, infrastructure motley. You know, the Fire
Department is basically taken care of by the fire fee. They have the infrastructure money they need to
make sure that they stay the best Fire Department in the country.
Commissioner Winton: You know, C'ommissioncr Regalado, with -- and I was laughing a little bit about
this, but the fact of the matter is, as an elected official -- and people have been kind of surprised about
this -- you know. I've -- well, 1 don't like the fire fee or the parking surcharge. I don't like either one of
them, and would love to he in a position to get rid of both of them, because I think it would make our
City much more competitive. The fact ofthe matter is that as an elected official, t can see the huge
benefit of both of these, how they're served our greater community significantly. However, that said, I
think the challenge that we have as the policymakers is to challenge the management to really begin to
rip apart the operations of the City of Miami, because if you look at the five-year plan that we've all
approved, by the fourth year or the fifth year of -- I think last year, the year before last, fifth year plan --
we're hack in the red. That's with the fire fee and that's with the parking surcharge. Now, that is
absolutely irrational to me that we could add thirty million dollars ($30,000,000) in new taxes front just
new kinds of fees -- forget about other kinds -- and us be back in the red. So from a policy standpoint,
we've got a very, very serious issue that we have to confront, and probably the sooner, the better. .And
that confrontation can only lead to one thing. It has to lead to a complete re-cvaluation from top to !
bottom in terms of how we run City government, because if we don't do that re-evaluation in terms of 1
how %ve run City government, we're going to find ourselves three years from now in a position where
not only do we have a fire fee and a parking surcharge that are really onerous on many people within the
City, but we're going to be back in the red. And that's going to not be a position that staffwants to be in
or we want to be in. And there's only one way to get at that, and that's to absolutely re-evaluate the way
we run the business of the City of Miami. And we give huge responsibilities to staff at every single
188 6/14/01
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Commission meeting. i think this is one of these issues, however, where if we don't take a leadership
role and set the policy, and the policy is to give direction to staff that's very clear and concise, we have
to put in front of them the specific directive that we want them to follow as it relates to how they're
going to go about re-evaluating how our City does business. And we've talked about it a lot, but we
haven't taken that next step. We haven't had to take that next step, hecause it', really three years down
the road yet. But we really, during this next budget process -- and I'm going to give sonte additional
thought to it, and i'll probably talk to the Manager about how we ought to go about this., but we've got
to get something on the table that's very clear, very concise, that has a beginning point and an ending
point, in terms of how we're going to evaluate the way this City runs.
C'oinmiss iotier Regalado: Commissioner. I agree with you. And this is why I keep asking about the
contracts with the unions. And I'm hoping that someday soon, the Commission as a body will say to the
Managcr, look, you draw the lute here. And you save time; you save the hassle of talking hours, and
you tell the union like it is. The other issue is that, you know, when the City was up for a vote. you
remember that one of the things the people complained about the Grc fee, and the garbage fee, and all
that, and the way that we sold this to the people is that we needed the infrastructure and the equipment.
And I remember that we used to parade some new trucks when we went to community meetings in the
northeast section and all that. So to make this permanent is a mistake. It's really -- you said it, and you
know more than I do, much more about business. We've got to make the City competitive. But we also
have to give the residents some relief, because, you know, Commissioner Teele was saying. well, you
know some candidates; you know what candidates are saying? Well, those guys in the City Commission
-- because, you know, at the time when you run for Mayor or whatever, you've got to blame the whole
government. Those guys on the City Commission, you know, they said that they lowered taxes. But at
the same time. through the back door, they came and they raised your fire fee, your garbage fee, and
you're paying today more than you were paying; last year or whatever. And they're creating an
environment that is not healthy in the City. And people do not trust or believe the govenintent of the
City. So all I'm saying is that I'm voting "no," and Commissioner Sanchez had always done that with
mc, because it's a philosophical thing. But because the people of Miami should know that eventually,
this has to go away. It doesn't make sense to keep it.
Commissioner Sanchez: Can you yield fora minute?
Commissioner Regalado: Sure.
Commissioner Sanchez: And I'll turn it over to you, Commissioner Teele, when I'm done. Although I
do not support this. I will support the parking surcharge, just like I did when 1 went to Tallahassee and
lobbied to get it. for the sample reason that 80
Commissioner Regalado: And me, too. And mc, too.
Commissioner Sanchez: -- 83 percent, 83 percent of the people that are coming to Miami, these are
individuals that either visit our City or work in our City, are coming in here using; your service, using; the
Police Department, using our roads, using our Solid Waste Department, Mr. "P," and these people do
not pay anything. And then the taxpayers are the ones that at the end of the month have to pick up the
burden on those expenses. So when you talk to me about the parking surcharge. I'm all for it, and I'm
willing to go back to 'Tallahassee and extend it for 40 years. Heck, I'll extend it for 100 years, because
189 6/14101
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in the long run, whether it has an impact on the commercial, which it does, i mean, everything has pros
and cons, but when you weigh it out, it's in the best interest of the City. I'd rather have the parking
surcharge than the fire fee, because why? Because it affects the people that we represent. The fire fee
for itself, it's fine and dandy. When the time came -- and I think that elected officials need to bite the
hullet -- that was fine. We needed to do it. We were -- our backs were against the wall. Would have
supported it. But it puts me in a situation where I came into this City that I felt -- and remember. 1 think
that one of the budget hearings that we had here, we stayed here till about 4 o'clock in the morning,
where I put each department head in front of this Commission and asked them to reduce their budget by
ten percent, five percent, three percent, and went on down, and it didn't happen. That's why 1 didn't
support any of the raises. But the parking surcharge, when you look at it, 83 percent are residents that
don't live in the City. And Johnny, you may disagree with me. That's the beauty of democracy.
Commissioner Winton: Well, I've never seen the data. That's the only thing I'm --
Commissioner Sanchez: But I'll continue to make that argument.
Commissioner Winton: I've never really seen this data, so.
Commissioner Teele: On the point, Mr. Attorney, the roll call is still going on. Let me do this. I would
appeal to you, Commissioner Sanchez, as Chair, to ask that this item be deferred to the next meeting.
Under the rules of order, does not -- can -- under the rules, I don't know what Mason's rules are.
Mr. Maxwell: Well. as it stands right now, you have a tie vote. That means no action occurred as of
right now.
Commissioner Winton: Where is Commissioner Gort?
Commissioner Teele: Wait, wait, wait, wait. A tie vote means what?
Mr. Maxwell: No action.
Commissioner Sanchez: It dies.
Commissioner Teele: OK. It doesn't die. Does that mean it goes to the next ntecting?
.\1r. Maxwell: You have a status quo, It's right where it is. It's still on the agenda.
Commissioner Teele: OK. So you don't need a motion to defer.
Mr. Maxwell: Well, you can continue the item anyway, because nothing happened here.
Commissioner 'Teele: OK.
Commissioner Winton: Where is Commissioner Gort?
190 6/14/01
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Mr. Maxwell: But you need to understand that proecdurally, this needs to he adopted prior to -- July
16"is the date? July 16`x'.
Commissioner Teele: When is the next meeting?
Mr. Maxwell: And you have the ten-day veto period. It would have to be in effect on the 16'x', July 16'h.
Mr. Gimenez: Commissioners, if we don't approve this today, then we run the risk of not getting the
trim notice out.
Mr. Maxwell: Yeah.
Vice Chairman Gort: I'm not going to vote for it. Let's see what happens then. I'm voting "no."
Commissioner Tecle: All right, hold on, hold on, hold on, hold on. Before everybody goes --
Commissioner Regalado: Yeah, but you see, you see, all the time, if you don't do this now, you know,
all hell is going to break loose.
Commissioner Teele: Well, let me tell you, why did we cancel the meeting --
Commissioner Regalado: Well, sorry.
Commissioner Teele: Why did we cancel the meeting for June 28t1i'?
Vice Chainnan Gort: Because I'm out of town.
Commissioner 'l ecle: You're out of town?
(INAUDIBLE COMMENT)
Vice Chairman Gort: I'm voting "no" right now.
Commissioner Teele: Well, but see, let me tell you, it's not that simple, Commissioner, because once
you vote --
Vice Chairman Gort: 1 want to see what the alternative is going to be and --
Commissioner Teele: Well, but I can tell you what the alternative is.
Vice Chairman Gort: So we can, everybody, understand what the alternative is going to be. '\
Commissioner 'Keele: The budget is now -- you're fourteen million dollars ($14,000,000) short in the
budget.
Commissioner Winton: Right, yeah, exactly. We just created total chaos over nothing.
191 6/14/01
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E
Commissioner Teele: Well, it is not over nothing.
Commissioner Regalado: No, we did not. No, we did not.
Vice Chairman Gort: No, it's not over nothing.
Commissioner Winton: Well, it --
Commissioner Regalado: No, no.
Commissioner Teele: It's not over nothing.
Commissioner Regalado: It's not about nothing.
Commissioner Teele: It's not over nothing.
Commissioner Regalado: It's about fair and unfair.
•
Commissioner Winton: Well, 1 agree. That may -- wrong choice of words, wrong choice of words. My
apologies. But we just created chaos when we shouldn't be creating chaos. How's that?
Commissioner Teele: But I don't think there's an intent to create chaos. 1 think what the management
needs to understand, what the two of us need to understated is that this tax is-- this fee has always had a
rough road. There's never been more than three votes. There's never been four votes for this 1ec since
they voted.
Mr. Maxwell: Commissioner may 1 just for a moment, point of order'? The Clerk has informed me that
he had not completed roll call. It was tied at two/two, but he had not completed roll call.
Commissioner- Teele: And all I'm asking is can there he a motion?
Mr. Maxwell: Well, procedurally, you must complete the roll call at this point.
Commissioner Teele: I don't like Mason's, you know, I don't know Mason's rules of order. You guys
make up the rules on Mason's. I think. is it Mason's?
Mr. Focman: Yes.
Commissioner Regalado: And who is Mason? And who is Mason?
Commissioner Teele: 1 want you all to send me a book on Mason's Rules of Order, so I can read it over
the summer. OK?
Commissioner Winton: I have that hook, if you'd like to read it.
192 6/14/01
•
Commissioner Tecic: It's a hard book to read. It's totally different from Roberts.
Commissioner Rcgalado: That's the book that Johnny was given on the night that he was elected.
Commissioner "1 cele: Oh, yeah.
Commissioner Regalado: I remember that quote.
Commissioner Teele: Oh, yeah. Well, Commissioners, what are we getting ready to do now?
Commissioner Sanchez: You tell me.
Mr. Maxwell: Roll call is still pending,
Vice Chairman Gort: The roll call is finished, i vote "no."
Commissioner Rcgalado: Go ahead and vote "no." Go.
Vice C'hainnan Gott: So 1 want the staff to tell me what's the alternative you're going to do now to get
the fourteen million, so my colleagues here can understand what needs to be done.
Mr. Maxwell: The Clerk announced --
Commissioner Teele: Well. let me just say this. We need to figure out now, gentlemen -- let's be
responsible. We need to figure out when we're going to have a special Commission meeting, because
we cannot leave it like this. OK? Because let me tell you what's going to happen, just so everybody
understands. We got until September to get the budget in focus and then fixed. But this is the problem.
If you don't bet this on the trim notice, then it goes out by mail, And then the Oversight Board is going
to require you to reduce the estimate by at least ten percent, as opposed to two percent.
Mr. Gimenez: It also goes out with a City of Miami bill, instead of the County.
Commissioner Tecle: County bill.
Mr. Gnnenez: As part of the County --
Commissioner Teele: So as far as I'm concerned, we've got to resolve this issue before .luly -- what's
the trim bill notice?
i
Mr. Gimenez.: The problem is that we have to have it in by July 16'h. The next Commission meeting is
July 10`', and you have that -
Commissioner Teele- But who told you that it has to be in effect?
Mr. Gimenez: The County requirement, in order to begin the trim, has to be in effect by -- we have to
give them the information by July 16`x'. That's the problem.
193 6/14/01
Mr. Maxwell: Plus you need to also count for the fact that this may be subject to a veto. So you want to
have it in place, with the -- ten days for the veto in place, as well.
Commissioner Tcele: Mr. Attorney, can this be done by emergency ordinance'' Now, listen to the
question. Can this trim notice for this year be adopted by an ordinance?
Mr. Maxwell: Yeah. It's a resolution though.
Commissioner Teele: 1 didn't ask that. I know what it is. I asked you a simple question, By an
ordinance, can we adopt this annual --
Mr. Maxwell: 1 don't know any reason why we couldn't do it by ordinance, as well.
Commissioner Teele: 1 don't, either. And when do emergency ordinances go into effect?
Mr. Maxwell: Immediately.
C'ommissioncr Teelc: OK. So 1 tell you what the solution is. The solution is on July 10*
Mr. Maxwell: Well, you remember, you need the same four votes. You need four votes for emergency
ordinance, as well.
(INAUDIBLE COMMENT)
Mr. Maxwell: Yes, also subject to the veto.
Commissioner Regalado: But I tell you what can happen. If you bring some options and options that
are not -- you know, you got to do this or else -- you might got another vote.
Mr, Gimenez: Well, sir, there's one more thing I need to say. That if you deviate from the five-year
plan, then the Oversight Board does have the option of reviewing it.
Commissioner Regalado: Excuse me.
Mr. GimenCT This is deviating from the live -year plan.
Commissioner Regalado: Carlos, Carlos, excuse me, excuso me. I've been to several Oversight Board
meetings, and we were told -- unless we were given wrong information -- the five -year plan can be
changed. i
i
Mr. Gimenez: Yes, sir.
Commissioner Regalado: So?
=tee
194 6/14/01
Mr. Gimenez: Well, sir, the only, the only alternative that we have as a reduction of this revenue source
at this time is an increase in taxes, because we do have a capacity to go back up to ten mills.
Vice Chairman Gort: Listen, hey, why don't you reconsider the vote again, but I want you all to
understand, it's not easy. what we've been doing, and l ,just wanted to show a point. If I was to vote
"no" on this, it'll be chaos.
Commissioner Sanchez: Chaos, chaos
Vice Chairman Gort: They would have to come back, and maybe the fire fee goes away, but you might
have to add the ad valorem tax in, and you might have to find some other fee, because you do need to
find additional funds. They're not going to cut the budget by fourteen million dollars ($14,000,000).
Ansi [.just wanted my colleagues to understand that.
Commissioner Regalado: No. But we --
Vice C'haimran Gort: Why don't you recall again.
Commissioner Regalado: But they can sure make an effort to cut it two million or three million dollars
(53,000,000). .And this is what we want, to show the people of Miami, you know, that at least we're
doing something to give them sonic relief.
Mr. Gimenez: Commissioner, this may be a good time to ask you if you all are available on July 9"" on
July 9"' for a budget workshop. This is something that you asked, you Commissioner Winton, a
workshop, and then we can go through all those budget numbers and tell you how this budget is shaping
up. But 1 can tell you right now, it's not shaping up that well. And this fourteen million dollars
(514,000,000) less is just going to make it worse. So, 1 mean, that's my protcssional opinion to you. 1
mean, if you -- you take the action i1'you want that.
Commissioner Teele: But you know what's so intellectually difficult to rationalize? How can the
management be running around talking about a hundred and forty-eight million dollars ($148,000,000)
for a stadium''
Commissioner Regalado: Ha. Exactly.
Commissioner Teele: I mean, you know, we've got to keep -- we've got to pass a
straight --
Commissioner Regalado: This is bizarre, you know.
Commissioner Teele: You have to pass a straight test lace. How can we talk about a hundred and forty-
eight million dollars ($148,000,0(10) for a stadium?
Commissioner Winton: Because they're very different pots of money. One of them --
Mr. Gimenez: it's a different pot of money and a different funding.
195 6/14/03
rimJaxs
Commissioner Regalado: For the people, it's money.
Commissioner Teele: Look. look, I just talked to you about five hundred thousand dollars (5500,000)
for Ilad!::v Park that you all can't come up with right now, today, and you want to talk about a hundred
and forty-eight million dollar (S 148,000,000) stadium?
Nlr. Glnlcnez.: Because it would be a completely -- it would lie authorized by the citizens to generate
additional funds for that purpose.
Commissioner Winton: Bonding capacity, not general revenue bonds. It's bonding capacity. .And
that's a very different issue than the day-to-day operations of our City. It's a very different issue than
Hadley Park. We don't have the authorization to do that bonding capacity, so that five hundred
thousand dollars (S500,000) conies out of a eery different pot. If the bonding; capacity --
Commissioner Tecle: Say that again. Johnny.
Commissioner Winton: If the ability to issue new bonds -- and it's three hundred million dollars
(5300,000,000) or three hundred and twenty million dollars (5320,000,000) in bonds, if we get that
authority, there would he five hundred thousand dollars ($500,000) for Hadley Park, and there would be
a million for this and a million for that. We don't have that ability yet. because we havc to go to the
electorate it) get approval for it. So that's the difference in temis of the whole discussion about stadium.
The stadium discussion really revolves around our ability to issue new bonds. Doesn't have a thing to
do with the, really, with the park -- with the tire tax. It has a limited amount to do with the parking
surcharge, and it has zero to do with our operating funds.
Commissioner Reg,alactu: But we arc accountable only to the residents of .Nlianii. Anti it's very dlt'ticult
to explain to the residents of Miand that we're increasing your fees, your taxes, your fire tec, and at the
same time, you, resident -- because after all, you know, we don't make money -- the residents, you're
going to five a hundred and fourteen or whatever million dollars. It's very difficult.
Commissiunei Winton: 1 didn't say it was easy. But the reality is that they're different, they're different
pots of money
Commissioner Teele: Johnny, 1 don't want to --
Commissioner Winton: And that's Just part of the challenge we have.
Commissioner Tec:lc: I'm not going to debate you on it. You're much more right than I am on the basic
statement. But I will tell you this. The devil's into details. You give me two hours with you, and I will
show you at least eight million dollars ($8,000,000) of capital money on reoccurring income in the
operating hudgei. So -- annually. And so what we're talking about now, is halfot-the fire, is halfofthe
fire tec. In addition, about three to four million dollars ($4,000,000) of the fire fee is capital. So that's
twelve million dollars ($12,000,000) right there. You do some creative things in solid waste and in the
parks arca, and you can possibly get it up to more. I agree with you. You're right when you say it's
about building and extending the general obligation debt till the year, I guess 2020 or 2040 or 2060, you
196 6114101
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know, to, you know, the end of civilization. But the fact of the matter is, is that it's not as simple and as,
you know, square pegs and round pegs as you're making it sound. There is a capital budget as a part of
our annual operating budget that is funded for general funds. Those dollars, if you do the capital bond
deals, will be just like the Florida lottery money. Those dollars will go -- How much money have we
funded in the last 12 months for capital, including reserves, and carryovers, and the utilization of that,
Madam Director, in the last 12 months?
Linda Iiaskins (Director, Budget): The eight million dollars ($8,000,000) general fund is primarily used
to fund vehicles under contracts, under union contracts.
Commissionct- Tecle: Capital
Ms. Haskins: Yes.
Commissioner- Teele: And how much money --
Ms. Haskins: Four million dollars ($4,000,000) in the fire fee goes to supplement, to improve the fire
(facilities, purchase fire equipment, heavy equipment.
Commissioner Teele: Ms. Haskins, how much money in the last 12 months, was my question, have we
expended for capital, including reserves that have been transferred to capital, things like the Miami
River dredging, all of those capital expenditures'? if you add them up, 1 guarantee you; it's going to be
closer to twenty million dollars ($20,000,000) than ten million dollars ($10,000,000).
Ms. Haskins: it was probably sixteen to eighteen million was what 1 was going to say.
Commissioner Teele: That's my point. So it's not, Joluiny, exactly like you're saying. There's a lot al"
capital money in an operating budget. And the Oversight Board requires us to do that, because if ,you
don't do that, ,you'll get us right back into the position of deferring maintenance. It's good management
that we have to have capital dollars in our operating budget. But if you pass a referendum like that, 1
can assure you that those capital dollars are going to go down. That eight to ten to twenty million
dollars ($20,000,000), whatever that number is, it's going to go down to four to five million dollars
($5,000,000), because it doesn't make sense to fund normal road repair and all of that out of it capital
fund when you've got all the capital dollars to resurface, or to rebuild, or to reconstruct roads. So it's
not as simple as that. But the problem that we have is fourteen million dollars (S14,000,000), which is
what the fire fcc is generating -- is that the right number`'
Mr. Gimencz: Yes, sir.
Commissioner Teele: -- is a lot of money for the management to try to replace between now and
September 30`'.
Mr. Gintenez: One final thing, sir, is that if you pass this today --
Vice; Chairman Gort: No. My understanding is -- excuse me, Mr. Manager. My understanding is we
have to have it by the 10"'. It has to be in the County by the 16"'.
197 6/14/01
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Mr. Gimenez: Sir, one final thing.
Mr. Maxwell: The 101'.
Mr. Gimenez: If you pass this today, the Commission has the ability to lower it to zero at the final
resolution. What we're trying to do today is trim, so that we can get -- if there is any fire fee, that it can
go on the tax hill, and the City would not have to, you know, send an individual hill to every
homeowner.
Commissioner Teele: That's true. That's true of ad valorem. That's not true of fees. That's true ad
valorem. That is -- I'm not sure that's true of fees.
Vice Chairman Gort: I think fee is a little different, It's a different time requirement.
Mr. Maxwell: No, no. Right. That applies to ad valorem taxation. Now, if you're talking about just
fees, they don't apply, That doesn't apply.
Commissioner Teele: Is the Manager's statement that we can reduce this to zero once -- I know we can
reduce ad valorem taxes to zero. The question is does the same rule apply to fees as it relates to placing
it on the trim notice by July 16'h.
Mr. Maxwell: I've been told the answer to that is "yes."
Commissioner Teele: OK. So 1 stand corrected. So the argument is you're not really setting it now,
you're just authorizing it to go on the trim notice.
Mr. Gimenez: Yes, sir.
Commissioner Teele: And you can always lower it, but you can't increase it.
Mr. Gimenez: That's correct, sir.
Commissioner Tecic: So that's a good reason to vote for it. You ain't really doing it now. Mr.
Chairman.
Vice Chairman Gort: Roll call.
Mr. Maxwell: You need to -- oh, go ahead. Well, is this the --1 think Commissioner Gort voted once.
Mr. Foeman: No.
Commissioner Sanchez: No, he didn't.
198 6/14/01
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Mr. Foeman: Commissioner Gort didn't vote. I have two votes. and that was Commissioner Teele and
Commissioner Sanchez. 1 was about to get Commissioner Winton's vote. So continuing the roll call.
Commissioner Winton.
Commissioner Winton: Yes.
Mr. Foeman: Commissioner Regalado.
Commissioner Regalado: No.
Mr. Foeman: Vice Chairman Gort.
Vice Chairman Gort: Let me tell you. I think you're giving the message and it's nice and clear. And
I'm going to vote "yes" in this. I always have. But I think the message is we need to reduce this, and
we need to look for alternate ways that we can pay for taxes. And I've been saying this for a while now.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-589
A RESOLUTION OF THE. MIAMI CITY COMMISSION, WITH
ATTACHMENTS, RELATING TO THE PROVISION OF FIRE
SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF
MIAMI, FLORIDA; ESTABLISHING THE ESTIMATED
ASSESSMENT RATE FOR FIRE ASSESSMENTS FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2001, IN ACCORDANCE WITH
THE CITY OF MIAMI FIVE-YEAR PLAN; PROVIDING FOR NEW
DEFINITIONS; DIRECTING THE PREPARATION OF AN
ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR
SEPTEMBER 13, 2001, AND DIRECTING THE PROVISION OF
NOTICE THEREOF; AND PROVIDING 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 Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Arthur E. Teelc, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: Commissioner Tomas Regalado
Commissioner Joe Sanchez
ABSENT: None
199 6/14/01
Commissioner Sanchez: Let me just say that I've got to commend you. 1 really do. 1 have -- You've
taken a very tough decision. i think when they talk about leadership, for you to make that decision --
and 1 know you're running for Mayor -- to make that decision, it's a tough one, but you're looking out
for the best interest of the City. This would have thrown this City into a severe crisis. And once again,
you've ma -ie another sacrifice when you took on -- when you -- it was two years before your election,
you said you would run when you didn't have to run. And that's -- you know, I've got to commend you
for that. I think you'%e. earned my respect a long time ago, but today, you deserve my respect.
C'ontmissioner7eele: Mr.C'hairnian.
Vice Chairman Gort: Well, I'm sure I'm going to get hit. I'm sure I'm going to get hit ibr hit, so that's
all right.
Commissioner Teele: Mr. Chairman, I think Commissioner Sanchez is speaking for all of us. Again,
that is not the vote that a politician would make or should make. It is really the vote that a statesman is
making. That vote is totally against your political best interest or your short-terni political career. And I
just hope that the responsible citizens and the institutions of this community will realize what a
courageous step you're doing. And 1, too, commend you because --
Vice Chairnian Dort: We'll see in November. OK. Next. Item 17.
Commissioner Teele: i would ask, Mr. Chairman, could we take a five-minute break?
Vice Chainnan Gorl: Yeah.
Commissioner Rcgalado: And I just want to say that the Manager got away too easy, that we need to try
to find some relief in the budget, because, you know, we have just made a member of this Commission
who is also running for Mayor, we have placed him in hartn's way. We have placed him under the
criticism of everybody, just because you need to send a notice and you need to do this. And you arc not
willing to at least look into it. I mean, if Commissioner Teele is right, and he's talking about eight
million and two tnillion and whatever, I mean, you know, just an effort. This is not Disneyland or
Disney World, you know, everybody like happy. We've got to make difficult choices. I'm going to tell
you, I'm going to tell you, say whatever they want to say, but I'm going to vote "no" in every union
contract if it has a raise. Just plain and simple. "no" in every union contract, because I'm not
representing you, Mr. Manager, or the union. I'm representing the people of Miami. And the people of
Miami, not only they are getting tired, but they are getting -- with so -- cynicism against government,
because they feel that we only try to do what is wrong for them. And, you know, if you (unintelligible)
these raises with the plan that Johnny may say, you know, it's bonds and it's different, to give the
Marlins a stadium, that's why people are losing faith in government. And, you know, I'm saying, I'm
going to vote "no" in every raise that you bring here, because that's somebody -- I'm not running for
anything, but you know, somebody has to send a message.
Mi. Gimenez: Commissioner, during the budget request and the budget meetings I've already had, this
Manager has cut over seventeen million dollars ($17,000,000) worth of requests from the department. I
know very well what you're getting to. I'm just telling you that at this point, we need to keep our
options open. And in the end, the Commission will decide exactly what the appropriations are. to terms
200 6/14/01
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of the Marlins stadium, any plan that's on the table right now will go before the people of Miami, and
it's up to them to decide if that's a good plan or not, or whatever plan that is that comes out.
•
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THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 6:31 P.M. AND
RECONVENED AT 6:59 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPT COMMISSIONER TEELE, FOUND TO BE PRESENT.
36. ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN
CITY; AUTHORIZE PUBLIC HEARING FOR SEPTEMBER 13, 2001.
Vice Chairman Gort: For emergency purchase of equipment.
Commissioner Sanchez: So moved, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: More assessments.
Vice Chairman Gort: Sixteen.
Commissioner Sanchez: Oh.
Vice Chairman Gort: Sixteen, 16.
Carlos Gimenez (City Manager): This is the same issue as the last issue. This is an order for us
to hit the trend in order for it to be the Solid Waste assessment to be on the property tax bill, and
not have to be billed (inaudible).
Commissioner Winton: So moved. So moved.
Vice Chairman Gort: It's been moved and second. is there a second? Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Discussion? This is an ordinance?
Joel Maxwell (Assistant City Attorney): It's a resolution.
Vice Chairman Gort: A resolution.
Commissioner Sanchez: It's a resolution.
Mr. Gimenez: I've got to put on the record, so you all lutow, that it's -- the bill of this year is in
compliance with the Five -Year Plan.
Commissioner Sanchez: Yep.
Vice Chairman Gort: Discussion? All in favor state it by saying "aye."
202 June 14, 2001
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 01-590
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, RELATING TO THE PROVISION OF SOLID WASTE
SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI,
FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE
COSTS AGAINSTPROPERTY LOCATED WITHIN' THE CITY OF MIAMI;
DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL;
AUTHORI?_ING A PUBLIC HEARING FOR SEPTEMBER 13, 2001; AND
DIRECTING THE PROVISION OF NOTICE THEREOF; 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:
203 lune 14, 2001
37. DIRECT MANAGER TO TAKE ALL STEPS NECESSARY FOR EXPEDITIOUS
ACQUISITION OF EQUIPMENT AND CONTAINERS REQUIRED FOR
IMPLEMENTATION OF FIRST PHASE OF DEPARTMENT OF SOLID WASTE'S
RESIDENTIAL AUTOMATED GARBAGE AND TRASH COLLECTION SYSTEM;
AUTHORIZE MANAGER TO ACCEPT MOST REASONABLE, RESPONSIVE AND
RESPONSIBLE BID(S), UTILIZING VARIOUS ESTABLISHED MUNICIPAL
CONTRACTS, PROCURE EQUIPMENT AND CONTAINERS; ALLOCATE $3,900,000,
FROM CAPITAL IMPROVEMENT PROJECTS.
Vice Chairman Gort: Seventeen.
Commissioner Sanchez: So mored, ;MT. Chairman.
Vice Chairman Gorl: It's been moved.
Commissioner Winton: Second.
Vice Chairman Gort: Is there a second? Discussion? Being none, all in favor state it by saying
aye.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 01-591
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER TO TAKE ALL STEPS NECESSARY FOR THE
EXPEDITIOUS ACQUISITION OF EQUIPMENT AND CONTAINERS
REQUIRED FOR IMPLEMENTATION OF THE FIRST PHASE OF THE
DEPARTMENT OF SOLID WASTE'S RESIDENTIAL AUTOMATED
GARBAGE. AND TRASH COLLECTION SYSTEM; AUTHORIZING THE
CITY MANAGER TO ACCEPT THE MOST REASONABLE, RESPONSIVE,
AND RESPONSIBLE B1D(S), UTILIZING VARIOUS ESTABLISHED
MUNICIPAL CONTRACTS, PROCURE THE EQUIPMENT AND
CONTAINERS, AND EXECUTE ALL NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
ACQUISITION; ALLOCATING FUNDS, IN ANA -MOUNT NOT TO EXCEED
$3.900,000, FROM CAPITAL IMPROVEMENT PROJECT NO.
353018.329401.6.840 AND CAPITAL IMPROVEMENT PROJECT NO.
353019.329401.6.840, ENTITLED "SOLID WASTE REMOVAL PILOT
PROGRA,,M"; FURTHER DIRECTING THE CI'T'Y MANAGER TO
SCHEDULE THE RATIFICATION OF THE ACQUISITION OF SAID
EQUIPMENT AND CONTAINERS BEFORE THE CITY COMMISSION AS
SOON AS PRACTICABLE.
204 June 14, 2001
I-- - 0 11 - 1 0 1 1
(Here follows body of resolution, omitted here and on file in the Office of the City Cleric.)
Upon "b*g seconded by Commissioner Wigton, the resolution was passed and adtiffs
� � following uotes: �y
y,
AYES; Vice Chairman Wifredo, Gon
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20S June 14, 2001
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39. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY,
WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND
AUTHORIZE ACQUISITION OF SITE ANALYSIS SERVICES FOR PROPOSED PORT OF
MIAMI EXPAND EXPANSION ON WATSON ISLAND FROM SPILLIS CANDELA DMJM,
$12,040.50.
Vice Chairman Gort: Eighteen, ratification of emergency procurement site analysis services,
Spillis Candcla. Do I have a motion?
Commissioner Sanchez: So moved, Mr. Chairman.
Vice Chainnan Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: All in favor state it by saying "ayc."
The Commission (Collectively): Aye..
Jack King: Mr. Chairman?
Vice Chairman Gort: Yes.
Mr. King: I have a comment on this particular item. My name is Jack King, 4031 Alvarado
Boulevard. I'm a member of the City of Miami's Waterfront Advisory Board. Unfortunately,
this item should have been paid for by the County. The City incurred these costs when the
County was negotiating, with the City about using Watson Island for cruise ship terniinal, and
when the County walked away from the table and left us all holding the bag, they also tell us
with this bill. And, Commissioner Teele, I wish you'd put this in your little bag of goodies, what
the County owes the City: another twelve thousand dollars ($12,000). Thank you.
Commissioner Winton: And the County's refused to pay it. Amazing. Amazing.
Commissioner Teele: May 1 inquire? Has the County released the money that was held on the
retainage on the Watson -- on the Bicen -- on the American Airline'
Carlos Gimencz (City, Manager): Have we received the FEC (Florida East Coast) track? No.
They still have it. That was the environmental fee. The County still has it.
Commissioner Teele: Have you all asked that the money be released, in writing?
Dena Bianchino (Assistant City Manager): Commissioner ...
Commissioner Tecle: Has -- is there it written request for the funds to be released?
207 June 14, 2001
•
Ms. Bianchino: We had -- first of all, the purchase and sale agreement says that the two million
dollars (S2,000,000) stays in escrow until the entire site is excavated. They have not excavated
the remainder of the site. We're earning interest on the ...
Commissioner Teele: Wait. Who's going to excavate it?
Vis. Bianchino: The developer, which is, at this point, the Miami Heat, but there are no plans to
do anything there right now.
Commissioner Teele: In other words, -- hold on. I just want to understand this for a minute. We
signed an agreement that said that our money gets held until the entire site is excavated. laid that
agreement have a timeline in which ...
Ms. Bianchino: No, it did not, sir. We are earning interest. We are being paid interest on a
monthly basis. We had begun discussions with the County on releasing the funding and 1 can't
recall what they were asking for, but, once again, thev tuniml it into some mega "we'll give you
the two million if you do this and if you do that," and it was just not going anywhere..
Commissioner Teele: Well, let me ask you this. Now, all of the things that the Miami Heat has
come in here and gotten from us -- we busted our humps to help them open up on time. We've
done everything they asked us. Have we directed them to finish the excavation of the site? I
mean ...
Ms. Bianchino: No, sir, but we could.
Commissioner Teele: Ma'am?
Ms. Bianchino: We haven't, but we could. I mean, it's really the County that controls the land.
Tt's the lease with the County.
Commissioner Teele: Well, who's going to do the excavation of the site?
Ms. Bianchino: My understanding, is that the County has a lease with -- a sublease with the Heat
to develop that parcel. I would have to check for you to find out what the status of that at this
point.
Commissioner Winton: Well, even if we don't know, let's ask -- let's make the request of the
Heat.
Vice Chairman Gort: Yeah, let's go after them.
Commissioner Teele: 1 would so move that the Manager be instructed to make a request -- a
strong request of the Miami Heat to fully comply with all of the terms and conditions that would
allow for the release of our two million dollars ($2,000,000), specifically, including the
excavation of the site or the environmental testing of the site, of the entire site with that, and that
the request require timetable by which it should be done. 1 would so move.
208 June 14, 2001
IIIi3�!�
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Commissioner Winton: Second.
Vice Chairman Gort: Wait a minute. We have a motion on the floor that we have to vote on.
Commissioner Winton: Oh, we do?
Commissioner ,recle: Oh, OK. What's the ...
Vice Chairman Gort: There's a motion on the floor.
Commissioner Winton: We'll pick this up as soon as ...
Walter Foeman (City Clerk): That was on 18-A, which has passed, and Mr. King came up to
talk about 18 ...
Commissioner Toole: We don't have a motion on this, do we?
Mr. Foeman: No. We passed 18-A and then we went back to 18 because he wanted to address
item 18.
Vice Chairman Gort: We passed 19A already?
Mr. Foeman: Because he wanted to address item 18. We previously passed item 18 and then we
took up 18-A and he came up to address item 18.
Vice Chairman Gorr: OK. Both have been passed.
Mr. Foeman: Yes.
Vice Chairman Gort: OK,
Mr. Maxwell: So, your motion will be in order.
Vice Chairman Gort: (INAUDIBLE) charged the County for...
Mr. King: Well, that's the twelve thousand dollars ($12.000) the City has to pay Spillis Candela
now for work done for the Countv on Watson Island, that they -- the County refuse to play the 1
hill. ;
Commissioner Teele: Well, why should we pay them?
Ms. Bianehino. Commissioner, we
Vice Chairman Gort: We contract them.
ar���
209 June 14, 2001
•
E
Ms. Bianchino: We -- they're our architect for the aviation center project and we don't ...
Commissioner Tecle: For what?
Ms. Bianchino: For the Visitors and Convention Center Aviation Project, and they did the work
for us and we don't think it's fair for them to be held hostage because the County refuses to pay.
They did the work for us.
Commissioner Tecle: Would it surprise you to know that Spillis Candela -- the Iirtn Spillis
Candela has the largest contract in the history of the state of Florida that they're operating on
now, referred to as the mother of all contracts, working for the County? They are DAC (Dade
Aviation Consulting). They are DAC. That is Dade Aviation Consulting firm with Bechtel. The
lobbying fees that they pay monthly on that contract are in excess of the total amount here. I
don't think Spillis Candela, which is a fine firm and a firm that I have great respect for -- I don't
think we should ask our taxpayers to foot the bill for a firm that is doing hundred of millions of
dollars -- Hundreds of millions of dollars in consulting fees for Dade County. So, I mean -- 1
think, if they need it, they can get it from the County.
Vice Chairman Gort: I need a motion to reconsider 19-A.
Commissioner Winton: Well, let me ask a question here because there's a technical issue. My
question is, who contracted for these services, the County or the City?
Ms. Bianchino: We did.
Commissioner Winton: So, the City contracted for the services.
Commissioner Teele: On behalf of the County.
Commissioner Winton: And -- but the intent of all the parties was -- what was the intent of the
parties, that once this transaction was completed, that the County would reimburse us for this
expense?
Ms. Biunchino: Well, we never got that far with the County. The issue was having some site
planning done to understand how the port could fit on Watson Island; how it would affect other
projects on Watson Island. It was a planning issue that needed to be resolved.
Commissioner Winton: And, you see, this is really -- so, I don't agree with Jack's analysis here
at all. This was the City contracting for a vendor to help us with due diligence that we needed to
do in order to transact business with the County. So -- as a cost of our doing business to enter
into an agreement with the County to lease property. So, this is -- this isn't a County expense.
This is a City expense.
Commissioner Teelc: But, Johnny, let me be honest with you. If it's Watson Island work -- was
it Watson Island work?
210 June 14, 2001
Commissioner Winton: Yes.
Commissioner Teelc: It was done at the request of the County. 1'he County.
Commissioner Winton: But ...
Commissioner Teele: The County is the one who is trying to get the cruise tcrrninals ...
Commissioner Winton: 1 don't disagree with that, but it's no different than any other deal out
there where somebody's requesting something from me but I've got to do my due diligence to get
that deal done, and upfront you're going to determine whether or not, at the end of the day, you,
the buyer or the lessee, is going to pay the cost or whether I, the seller or the lessor, is going to
pay the costs. That decision wasn't made in this transaction. We hired Spillis Candela. 'There
was no commitment there from us to Spillis that you're going to have to get your motley from the
County. We hired them. They were doing work fbr us. Now, we might have -- maybe we
should havc done a better job at the very beginning in saying that "Spillis Candela, we're going
to hire you but you're going to have to get your money from the County." We didn't do that. So,
it's twelve thousand five hundred dollars ($12,500). 1 don't want our citizens to pay for it, but
what's right towards a vendor is right.
Commissioner Teele: You're tight. I'm wrong. You're one hundred percent right.
Vice Chairman Gori: Gentlemen, the motion has been approved ...
Commissioner Teele: What's right toward a vendor is right. But let me tell you something. We
are always taking -- I mean ...
Commissioner Winton: I -- no quarrel. I completely agree with that, and it's time for us to do
something about that, but I'm just saying this isn't the sword here.
Mr. King: Commissioner Winton, I agree with ...
Vice Chairman Gort: Well, I hope you learn from this in future transactions we do. Let's [Hake
sure we finish the whole clarification of it.
Commissioner Tcelc: Commissioner Gort, you need to direct that to the Attorney's Office
because, with all due respect, these agreements are written up by the Attorney's Office and, you
know, it's not right. It's not right for the attorney to write up an agreement that gives the County
this many ways to screw the City. It's just not right. Our two million dollars ($2,000,000)
should have never been caught up that way, you know. It never should have been.
Vice Chairman Gort: Yeah, but we're talking about ...
Mr. Maxwell: lie's talking about a different issue,
211 June 14, 2001
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Commissioner Teele: And that's what we're talking about, is our two million dollars
($2,000,000).
Mr. King: Commissioner Winton, I agree with you and I think that the City should pay the bill.
What I'm trying to point out to you is that the County brought us to the table here. They wanted
to do all of this. They played a shell game with us until they got a third parry to agree to what
they really wanted, and then one day they didn't show up at the negotiating table anymore.
Commissioner Winton: Precisely. And that's a hundred percent correct right there.
Mr. King: Ali right. OK.
Vice Chairman Gort: Thank you, Mr. King.
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41. AUTHORIZE MANAGER OR AUTHORIZE DESIGNEE TO NEGOTIATE AND
EXECUTE AGREEMENT WITH DAY STARE INC. FOR ACQUISITION OF LEGISTAR
SYSTEM FOR CITY CLERK'S OFFICE, $210,000, AND ALLOCATE FUNDS FROM CIP
PROJECT; AUTHORIZE ACQUISITION OF MAINTENANCE SUPPORT SERVICES AT
$12,584 ANNUALLY; FUNDS ALLOCATED FROM INFORMATION TECHNOLOGY
DEPARTMENT OPERATING BUDGET.
Vice Chairman Govt: We did 18. Eighteen -A.
Commissioner Sanchez: Eighteen -A.
Waiter Foeman (City Clerk): We passed 18-A.
Vice Chairman Gort: You passed 18-A.
Commissioner Winton: No, we didn't. We passed 17-A. We've not done 18. I've never looked
at this. And I'm sitting here watching and -- pat tum the pages.
Vice Chairman Gort: Assistant City Clerk's Office, am I allowed to exceed two hundred and ten
thousand dollars ($210,000) authorizing agreement with Daystar, Inc.
Commissioner Sanchez: So moved, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: 1 guess you wanted that one passed right away, didn't you, without any
argument? It's been moved and second. Any discussion? Being none, all in favor state it by
saying "aye
The Commission (Collectively): Aye.
215 June 14, 2001
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 01-593
A RESOLUTION OF THE :1IMNIT CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A
FORM ACCEP'T'ABLE TO THE CITY ATTORNEY, WITH DAYSTAR INC.
FOR THE ACQUISITION OF THE LEGISTAR SYSTEM FOR THE CITY
CLERK'S OFFICE, IN AN AMOUNT NOT TO EXCEED 5210,000, AND FOR
ACQUISITION OF MAINTENANCE SUPPORT SERVICES FOR THREE
YEARS, COMMENCING AT THE BEGINNING OF THE SECOND YEAR OF
ACQUISITION OF THE SYSTEM, AT AN ANNUAL COST OF $12,584,
SUBJECT TO ANNUAL INCREMENTAL INCREASES AFTER
NEGOTIATIONS WITH THE CITY, IN AN AMOUNT NOT TO EXCEED
FIVE PERCENT (5%) ALLOCATING FUNDS FOR THE LEGISTAR
SYSTEM FROM CAPITAL IMPROVEMENT PROJECT NUMBER 311610
AND FOR SAID MAINTENANCE SUPPORT SERVICES FROM 'fHE
OPERATING BUDGET OF THE DEPARTMENT OF INFORMA'T'ION
TECHNOLOGY, SUBJECT TO BUDGETARY APPROVAL
(Isere follows body of resolution, omitted here and on file to the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regaludo
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
216 June 14,200 1
KUB:
42 ACCEPT PLAT ENTITLED MIAMI STADIUM SUBDIVISION.
Vice Chairman Gort: Miami Stadium Subdivision, resolution accepting proposed plat.
Commissioner Sanchez: So moved, Mr. Chairman.
Vice Chairman Goat: Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: If they're in compliance with all the requirements for the ...
Unidentified Speaker: Yes, they have.
Vice Chairman Gort: Thank you. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 01-596
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, ACCEPTING 'rHE PLAT ENTITLED MIAMi STADIUM
SUBDIVISION, A SUBDIVISION IN THi? CITY OF MIAMI. SUBJECT TO
ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMI'T'TEE.
AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR 'rHE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA.
(I lere 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:
AYF,S: Vice Chairman Wifredo Gori
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur U. Teele, Jr.
NAYS: None.
ABSENT: None.
217 June 14, 2001
1i9>=x9
0 •
43. AUTHORIZE DIRECTOR OF FINANCE TO PAY MARIA LOPEZ, $77,000 IN FULL
SETTLEMENT OF ANY CLAIMS AND DEMANDS AGAINST CITY, FOR CASE MARIA
A. LOPEZ, AS PERSONAL REPRESENTATIVE OF ESTATE OF GERARDO LOPEZ
MORALES, DECEASED; ALLOCATE FUNDS FROM SELF-INSURANCE AND
INSURANCE TRUST FUND.
Vice Chairman Gort: Thank you. Nineteen -B.
Commissioner Regalado: Nineteen -A.
Commissioner Winton: Ninctccn-A.
Commissioner Regalado: Nineteen -A.
Vice Chairman Gort: I want to get out of here.
Commissioner Teele: He wants to get out of here.
Vice Chairman Gort: I want to get out of here, guys.
Commissioner Sanchez: Mr. Attorney --
Commissioner Regalado: Politics of the City of Miami.
Commissioner Sanchez: -- is it your recommendation to settle the case?
Joel E. Maxwell (Assistant City Attorney): Yes, it is, sir.
Commissioner Sanchez: It's in the best interest of the City to settle this case?
Commissioner Regalado: And then ...
Mr. Maxwell: Yes, it is, sir.
Commissioner Teele: i move the item. You move it? You move it?
Commissioner Sanchez: Yes.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and second. Any further discussion?
Commissioner Regalado: Yes.
Vice Chairman Gort: Go ahead.
218 June 14, 2001
Commissioner Regalado: You know, we're voting here for something that we inherit. You
know, we're taking the heat. We're taking the brunt of some criticism and this is right what we're
doing here, but what I'm just saying is that we're trying to fix things that were made wrong in the
past in the City. 1 know very well this case. I know really well this case because I was pail -- 1
knew this person very well. And I just want to say that, if we make decisions on things that were
done by other commissions, you know, the Manager has to understand that hecause of things that
were done in the past -- it's not blaming him. but he needs to come up with sonic options, not
just, you know, wr need money, we need money, we need money, and continues on this path.
So, I just want to make this comment and I'm voting "yes" on 19...
Commissioner Sanchez: Yeah, but just about 80 percent of all this crap we inherited, and to vote
"no" on all the stuff that comes out here that was done in the past, 1 might as well vote 80 percent
..no" on all this stuff. So, that's ...
Commissioner Teele: Well, the Oversight Board was what happened in the past.
Vice Chairman Gort: Any further discussion! Being none, all in favor state it by saying "aye."
The Commission (Collectively). Aye.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 01-597
A RFSOLUTiON OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY MARLA A LOPEZ. WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $77,000 IN' FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, FOR THE CASE MARIA A LOPEZ. AS
PERSONAL_ REPRESENTATIVE OF THE ESTATE OF GERARDO LOPEZ
MORALES, DECEASED, DISTRICT COURT CASE NUMBER 95-158 4-CIV-
MORFNO, AND UNITED STATIiS COURT OF APPEALS, ELEVENTH
CIRCUIT, CASE NO. 00-1 5 1 19-E, UPON THE EXECUTION OF A GENERAL
RELEASE RELL-'ASING THE CITY OF MIAMI, ITS PRESENT AND
FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL
CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SLLF-
INSURANCE AND INSI;RANCE TRUST FUND, INDEX CODE NO.
515001.624401.6.661
219 June 14, 2001
i
(Hart *Hovis body of resolution. omitted here and on file in the Office of the City CIaL)
U " baigg seconded by Commissioner Teele, the resolution was passed and ado�►ted h 'the
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Commissioner Tomas Regalado`� k ,
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•
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44. AUTHORIZE DIRECTOR OF FINANCE TO PAY TO GREGORY LANGSETT AND
KATHLEEN LANGSETT $200,000, IN FULL SETTLEMENT OF ANY CLAIMS AND
DEMANDS AGAINST CITY, INCLUDING ANTHONY PROFITT, JAY, J. GROSSMAN,
JUAN F. CASIANO, AND MICHAEL BRYANT, FOR CASE OF GREGORY LANGSETT
VERSUS CITY, ET AL.; ALLOCATE FUNDS FROM SELF-INSURANCE AND
INSURANCE TRUST FUND.
Vice Chairman Gort. Nineteen -B. Two hundred thousand dollars ($200.000).
Commissioner Sanchez: Oh, 19-B is a dandy.
Commissioner Teele: It's a what'?
Commissioner Sanchez: It's a dandy. You didn't hear the -- you don't know the background of
this case?
Commissioner Teele: Oh, ,yeah. I move the item.
Commissioner Sanchez: Second.
Vice Chairman Gurt: It's been moved and second. Any further discussion? Being none, all in
favor state by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 01-598
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY TO GREGORY LANGSETT AND
KATHLEEN LANGSETT, WITHOUT ADMISSION OF LIABILITY, THE
SUM OF $200,000, IN FULL AND COMPLE: I'E SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS
OFFICERS, AGENTS AND SERVANTS, INCLUDING ANTHONY PROFITT,
JAY J GROSSMAN, JUAN F. CASIANO, AND MICHAEL BRYANT, FOR
THE CASE OF GREGORY LANGSETT AND KATHLEEN LANGSETT
VERSUS CITY OF MIAMI, ET AL., UNITED S'L'ATES DISTRICT COURT
CASE: NUMBER 97-3323 CIV -GOLD, UPON THE EXECUTION OF A
GENERAL RFLEASE RELEASING THE CITY OF MIAMI, ITS PRESENT
AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND
ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO.
515001.624401.6.652.
221 Jtine 14, 2001
�IIIIRil3f�
02i foliows body of resolution, omitted hero and on file in the Office of the City Clerk,}
tJpoq berg seconded by Commissioner Sanchez, the resolution was passed and adopt!
fi►lowu vote:
A" Vico chairman Wi*edo tort
'Commissioner Tomas Regalado ,_ < a+x .
k fi Commissioner Joe Sanchez
�Gpmn�issioner Johnny G. Winton
amiss ioner Arthur E. Teele,
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June 14, 2001
45. PROPOSAL TO HAVE COMMITTEE ESTABLISHED TO STUDY MARLINS
STADIUM PLAN.
Commissioner Regalado: Mr. Chairman, I have to leave right now because I have to go
to my son's wedding rehearsal. So, I'm running a little laic. So. I really have to leave
now. I never do that, but it's my son. So, let me ask you -- I have a pocket item, that it's
an idea. It probably is a little controversial, but just run it by ,you. If you'll let me before
i leave. I think that we have -- I spoke to the Mayor yesterday and -- well, I didn't speak
to him. He spoke to me. I sat silently. But lie told me that the plans that I have read in
the paper -- you know, they have been discussed and there may be changes and 111 of
that. i_verybody seems to have a plan about the stadium. We have a possibility of an
earlier election. So, 1 would like to get some input from people in the industry -- and i'tn
suggesting that we create a 45 -day committee, which will give us some input about this,
and other plans. The Mayor's plans, the Manager's plan, the public's plans, which could
give us a fresh view, a business like view so -- I don't know if you all want to discuss
that, but, i f you do...
Commissioner Teele: Well, it' 1 could. You know, I just think that it's incredible that the
entire City is whispering and talking, the entire management is focused on a three
hundred million dollar ($300,000,000) capital expenditure. This Commission has not
been presented with anything, other than substantially what wu ve read in the press. I
received a couple of one-page handouts. 1 don't blame the Manager. I'm sure the
;Manager is working under the direction of the Mayor. And, f mean, there's no need in
beating up on him. He's doing his job. I would hope that if any Commissioner asked the
Manager to look at something, that he would utilize his good offices to do that, and 1 can
only assume -- and I'd like to get some verification, Mr. Manager, from you, that this idea
of the three; hundred thousand -- tlu-ee hundred million dollar ($300,000,000) (30, and the
-- to fund a part -- in part the Martins is not an idea that you initiated, but the idea is -- the
idea of Marlin funding, -- and Marlin is something that came from the Office of the
Mayor, I'm sure you were asked to give options and possibilities and all that, but I'm just
saying, is the idea of looking for a funding; source for the Marlins your -- initially your
idea or the :Mayor's idea'?
Mr. Carlos Gimenez (City Manager): Looking for a source, the Mayor, And there are
various scenarios that could be put forward, and then the other was a plan for (inaudible)
Aincricas, who is...
Commissioner Tecic: Yeah. And what I'm only saying is, i commend you -- and 1 would
hope that you would do the same thing; for any other Commissioner for taking the
Mavor's challenge seriously, for working on it, and I don't think there should be any
incrimination or any back hiting about what the management is doing. But the problem
that I have is, what we are doing or what we're not doing'.' And what's going to happen,
gentlemen, is that a plan is going to come down here and we're going to all be put on a
gangplank anti say, "walk the gangplank." We've got two weeks for whatever artificial
trigger that's going to be created, and if ,you don't approve it, then all the world comes to
an end as relates to this. You would have killed the Marlins, You would have killed --
223 June 14, 2001
7
is •
you would have run the Miami Marlins out of town. That's happened ever since we've
been here, Willy. You know that and I know that. So, the question, I think, is, what are
we doing'? 1 mean, that's the real issue.
Commissioner Regalad ;: And, you know, the idea that I had is that this committee that
could be appointed by the Commission could also check with the president of the Senate,
the president of the House, to see about the possibilities of this legislation going through
in the next session of the legislature. Because I've been told that the parking surcharge,
which 1 support, and I will support -- 1 will campaign for it in the election, not the bond
issue, but the parking. surcharge -- is predicated on a bond issue for the Marlins in the
legislature. That's the condition. I don't know that. I don't know that for a fact, but it
seems to me that we need an independent body to give us counsel. So, my proposal to
You is to create a five-member committee, with less than 45 days to make
recommendations. If you all agree, we will appoint each one person or one member of
the Commission will be Chairman, selected by this board, and that person will not
appoint anybody, and it would be at no cost to the City, with the support of the City
Attorney and the City Manager. But that is, in essence, what 1 feel we should do. if we
don't do this, we've got to do something else because, you know, thr only source -- real
source of information -- I mean, early source of information that we have for the Marlin
stadium is Chuck Rabin there sitting in the press booth, because every time you open the
paper in the morning, you get some new plan or some new information. At least, that's in
my case. So, you all do what you want. If you don't want this committee, fine by me, but
think about it. We need something. We need an independent source because we cannot
depend on the resources of the City because the Mayor has his plan and he's going to
"shoo choo train" his plan through us, and that's the way it is. We can say no, We call
discuss it. We can attack it on the press, but the fact of the matter is, that there are going
to he deadlines. There are going to be dates that we need to set and we -- it's going to
happen. The same thing that happened before. We all vote for one side. We were told
that we needed the more vote. I didn't agree with the River. 1 wanted to try the Orange
Bowl. But since we wanted to send a clear message to the legislature, I voted for the
River. Now, we got two sides, which seems to be the intelligent thing. Now, tomorrow
we're going to have another thing and another thing, and it's too confusing. And,
meanwhile, we are betting criticized by the people who think, what are you guys
thinking? You're going to give away a stadium? Are you opposed? Are you for thu
stadium'! And it's very simple. It's black and white. They ask you, if you favor the
stadium? Yes or no. I do, but I don't favor the bonds. Then you don't favor the stadium.
You don't want the stadium. It's very simple. The mind of the people -- some people it's
simple because they don't have their resources to get informed. So, that is my proposal.
If you guys don't want to do it, that is -- if I don't get a second, fine by me, but I just think
it's a reminder to the members of the Commission that we need to do this.
Vice Chairman Gort: So, there is a motion. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Second. -
224 June 14, 2001
Commissioner Teele: Mr. C hainnan, on discussion.
Vice Chairman Gort: Discussion.
Commissioner Teele: In a legislative body, normally you have committees. We have
five people. One of the advantages of this Commission is that there is only five of us.
One of the tremendous disadvantages is that there is only five of us. We're all
overworked. The Charter Review process should be done by one committee. The
redistricting should be done by another committee. I'm certainly hoping that redistricting
is a part of the Charter process. But somebody's got to draw the lines, I'm telling you.
And the fact of the matter is, the committee process has worked extremely well when it's
not us. The problem gets into the committee process when it's us five people in. In other
words, the -- we have never heard an issue from the Trade Board, You chair the Trade
Board. It works well. We rarely hear any issues from the DDA (Downtown
Development Authority). Willy chairs this because lie's the czar of that, and it works
well. We rarely have any issues Out of the Orange Bowl Committee or Bayfront Trust,
Bayfront Trust is there. You know, CRA (Community Redevelopment Agency). We
have a lot more issues. You know why" Because we're all there and all of us want to
basically be heard because, in our various boards, we are the person. But this is the point
1 want to make. This is very important. We have an obligation to develop a legislative
plan. You know, when the President issues his budget every year, the Speaker of the
House either says, we're going to look at it. We're going: to work with it or it's DOA
(Dead On Arrival). It's dead on arrival. We're going to start over with a fresh sheet of
paper and write our own new plan. We have not acted responsibly on these matters, and
the reason why we don't act responsibly is we don't have enough time. When we get
these issues, we've all got to react to them within a matter of a short time. I think the
Manager has the same obligation to this Commission as he has to the Mayor. We
complain all the time. But you know what? I commend Mayor Carollo because at least
he's providing some leadership. At least he's providing sonic leadership and the
management is working with him. But you know what'? If the Commission creates a
committee and instructs the Manager and the Attorney to work with them on reviewing
those plans -- I've received at least two plans. One from a candidate for office. One from
a very good civic citizen. And you know what? We ought to provide a forum and a
vehicle for other plans to be vetted, to be considered. We dun'( have all the right ideas,
The Mayor doesn't have all the right ideas. The management doesn't. This is a
democracy. And I think what Commissioner Regalado is talking about makes a lot of
sense. It doesn't hurt anything to begin an independent process to hear from the public, to
hear from the Mayor's plans, and rather than letting the Mayor just walk in here one day
and say, here is the plan, guys, but we've got to approve it within the next four hours,
that's on us. So. I think we ought to have it. I don't think it ought to he a big blue ribbon,
20 -member thing. fie said five people. That's fine with me. And 1 think we ought to
further instruct the Manager, the Attorney, and the Clerk to cooperate with that. And the
only thing I would say is, there ought to be at least one public hearing, after the Mayor's
plan has been released. the Mayor's final plan has been released -- because we really
ought to try to let the public make some legislative input, We are the board of directors
225 June 14, 2001
IZIII 6
0 •
of this City and we should act responsibly and not hide behind the fact that we're all busy,
and we all are very busy.
Vice Chairman Gort: There is a motion. There is a second. Please. No further
discussion.
Commissioner Teele: Well, I'd like to know a little bit about what the committee is and
how...
Commissioner Regalado: The idea is, this committee will have five members. We will
select one member of this Commission as Chaiiman of this committee. It would he a
temporary thing. In less than 45 days, this committee will have to give us report. They
have to give us a sense of what the legislature really is thinking in terms of the parking
surcharge or whatever, and they have to listen to the other people. We haven't had a
public hearing on all the plans, and i guess that we won't have time. If we keep talking
about an early election, before November, we need to make some decisions soon because
it's 45 days and it's going to the County. I think that nobody in this dais have any
problem with going to the ballot. People will decide. No one has a problem, I think. So,
I'm just saying, give this group of people a chance, if you all want to. Ih you don't, fine
by me, but think about it. We need to have some kind of different information. I mean,
Chuck writes very well. but that's the only source 1 have about the Marlin's plans
everyday, and I really need some more information.
Commissioner Winton: Mr. Chairman?
Vice Chairman Gort: Listen, Tin willing to -- my appointment is going to be somebody in
the investment banking field. I think we need to be -- appoint someone who knows about
the sports industry, and he needs someone that can tell you a little bit about the
legislation. That I, myself, is going to come out with another plan.
Commissioner Regalado: And you don't have to do it today. You can do it by memo to
the City Clerk, and we'll select a Chairman today, here. if you all vote for it, I'll propose
Arthur because lie has the knowledge to go to the state legislature and contacts there. lie
has spoken, and he can give us an overview of what is going on. So, you know, I don't
have any...
Commissioner Tecle: I'll say this. I've talked to the Governor about this twice. I've got a
meeting with the Speaker of the I•louse about this. I'm trying to understand what the
Governor is doing on the Transportation Bill. 1 would appreciate, Mr. Manager, if you all
would get with our lobbyist and determine if he vetoed the entire bill or if lie vetoed
portions of the bill. But I will tell you this. If lie vetoed the entire bill, as some of the
people are calling me saying, there is going to be a special session. They've got to have a
special session. And my view is, 1 would accept the responsibility because I believe, if
we get our act together, we can get in a special session if -we have something that makes
sense. And, so, 1 think we have a unique opportunity. I think the Marlins have an
opportunity, but I'm going to tell you something. It's going to require making a deal with
226 June 14, 2001
VIIIA mi
the Senate president, McKay. It's going to require -- and there's no need in bad mouthing
him and ignoring him, you know. And I'll tell you right now. I'm prepared to go to
Bradenton and sit, you know, and have dinner with him and talk to him because we
cannot afford to leave the sales rebate issue like it is. i am not prepared to just walk away
from 40 to 80 million dollars ($80,000,000) in sales tax rebate.
Commissioner Winton: ,lust because John Henry...
Commissioner Teele: Just because Mr. Henry doesn't want to deal with him anymore.
You know, that's tine for Mr. Henry, but I don't think that's fine for the taxpayers.
Commissioner Winton: Mr. Chairman, I'm...
Vice Chairman Gort: Yeah, go ahead.
Commissioner Winton: Part of the suggestion makes some sense and part of it is very
worrisome. The part about this suggestion that makes sense to me is that this
Commission clearly needs to have some mechanism to not only analyze the deal that
we're looking at and understanding the deal that we're looking at, but also, as I think
Commissioner Tecle suggested, to receive input from the public because there are other
good ideas out there and we ought to he looking at those and analyzing those
opportunities. And, so, that has value. And we have consultants that we're paying dearly
for right now, that should be sitting at the table with us, and whatever small group of
people we identify to sit at the table with those consultants and with management to
analyze the plan and to make suggestions, in terms of how you might modify that plan to
the individuals that are doing the negotiations. Now, the worry in this plan is that we end
up with two different entities from the City of Miami trying to negotiate a deal. That ain't
going to work.
Commissioner Teele: No, no, no. I don't think there should be a negotiation of a deal by
the legislature. 1 think the legislature should not try to negotiate a deal. We're not an
executive agency.
Commissioner Winton: Thank you. Because i heard -- part of the suggestion was that
we're going to go to Tallahassee; we're going to do some negotiation. We can't do that. I
mean, we've got to have one -- somebody's got to be responsible for negotiating with
John Henry, and the idea that we may be reaching out to Tallahassee to try to understand
what they might be willing to do is valuable. But for us to be negotiating separate from
the negotiating team in Tallahassee, 1 think is going to create some problems that none of
its are going to particularly want to deal with.
Commissioner Teele: I think, if the language is clear, that the legislative committee will
not engage in negotiations but will only engage in evaluation and exploring legislative...
Commissioner Winton: Opportunities.
227 June 14, 2001
1111OWItIi
Commissioner Teele: ...options. Legislative options, including the legislature.
Commissioner Winton: Right. And if you're -- and I want to make sure what you mean
by legislative options. In my mind this committee would be responsible for reviewing
any kind of financing opportunity that may be out there. So, as an example -- just so I'm
clear on this. You know, someone out there has put forth a suggestion that, instead of the
Marlins paying six million dollars (S6,000,000) a year in rent, that they pay six million
dollars (S6,000,000) a year and there is an escalation -type of rental payments. So,
assuming that that weren't on the table, 1 think this committee would be responsible for
looking at those kinds of options, but somebody then. as you're looking at new
opportunities for creating the deal, has to feed those ideas into the central negotiating
team. Because at the end of the day, the two parties that have to agree -- and maybe there
are three -- but the two principal parties right now that have to agree is the City of Miami
and the Florida Marlins, and just because we have an idea, doesn't mean it's going
somewhere. So, this process has potential, could get completely out of control if we're
not careful. and that's what I'nl trying to guard against.
Commissioner Tecic: I think the language in his resolution should be excluding
negotiations with -- any negotiations with the Marlins.
Commissioner Winton: Right.
Commissioner Regalado: Right. No. This is not -- what we could do -- we could
probably not create the committee, and what we could do is to call for two or three
special meetings of this Commission and have the people here give us that idea. That's
the same thing that we need. But we have to be here and we have to...
Commissioner Winton: No. I'm not opposed to this committee idea.
Commissioner Regalado: And let me tell you. This will bring the focus of attention and
controversy over this.
Commissioner Winton: I am not opposed to the committee idea, in terms of our ability to
gather information to get presented with new ideas, in terms of how we can best put this
thing together, but i just want to put on the table that there are risks. if we do this thing
wrong, we could screw the whole thing up.
Commissioner Teele: And the one issue that I -- I agree. And the one issue that 1 would
ask, in addition to a specific proviso that the committee will not negotiate or, for that
matter, even interface with the Marlins structure, except in the public -- except in the
public domain -- would be -- the membership would be each Commissioner make an
appointment or that Commissioner serve. It's the same thing on the MSEA (Miami
Sports & Exhibition Authority) thing. 1 don't think that it should be to the exclusion. I
think the more Commissioners that cuuld serve; the better it's going to be. Because the
problem is: we don't need to get ourselves in a series of Commission meetings that wind
up, you know, just eating up a lot of time.
228 June 14, 2001
•
Commissioner Winton: And I would further add that i think that this committee has to
have a senior member of the administration's management team sitting on that committee,
and -- hello. Commissioner Teele`' I would further add that the administration appoint a
senior management le, el person to this committee, and that our consultants also, that
we're paying for, that our consultants he at the table also, because our consultants are
very, very good.
Commissioner Teele: They are very knowledgeable.
Commissioner Winton: Very knowledgeable. And they can help kind of keep their arms
around this process and help guide a process that's going to give us better information.
Commissioner Regalado: And notice every meeting, everything, at least on a weekly
basis, on a weekly basis to the members of this Commission, through the Manager or
whatever -- through the Chairman, of what they are doing. You know, so we know. it's
just a source of information, guys. It's not like a negotiating body.
Commissioner Winton: Well, this is a question here, and 1 think there is a strategic
question that we've got to answer also, in this process, and that is, Commissioner Tecle
suggested that any of us Commissioners could serve and, at first, I shook my head yes,
but I'm not sure that's smart either. I'm not sure that we want this committee operating
under sunshine.
Mr. Joel E. Maxwell (Assistant City Attorney): Oh. the committee will...
Commissioner Regalado: No, no, no. L.
Commissioner Teele: It has to operate under sunshine.
Mr. Maxwell: It's going to operate in [lie sunshine, anyway, Commissioner.
Commissioner Winton: Huh`'
Commissioner Regalado: It has to, but...
Mr. Maxwell: It will operate in the sunshine anyway.
Commissioner Teele: It has to. Even though it doesn't make decisions, it has to operate
in the sunshine. IP
Commissioner Regalado: My suggestion was that one member of this Commission be
the chairman and the other members appoint somebody, by memo, to the City Clerk
because we don't have to come up with one name. right now, and this committee needs to
start working as soon as possible because it only has 45 days. That's what the intent of
that. You know, members appoint one board and all that.
229 June 14, 2001
Commissioner Sanchez: Mr. Chairman?
Vice Chairman Gort: Gentlemen.
Commissioner Winton: T don't know.
Vice Chairman Gort: Gentlemen. it's 7:38.
Commissioner Winton: Well, we've taken hours on other things, so...
Commissioner Sanchez: Yeah. This is -- I think this is...
Vice Chairman Gort: OK. No problem.
Commissioner Sanchez: T think this is -- it's an important issue. I'm all for an
independent committee, but, you know, when you go back -- well, when you go into
government, there is usually a saying that if you want to derail something or kill it, either
you toss in u committee workshop or you do that, and that's something that I'm really
concerned about. Now, let me ,just say one thing. I could accept the proviso that
Commissioner Teele presented, excluding any negotiations with the Marlins. But once
you tend now to have -- and 1 -- elected official sitting on that board, you tend to
politicize the process, and that may he not viewed as a positive thing on the matter. Now,
whoever is the chairman would be appointed by the Commission. I have no problem
with that. But when you have the Commission sitting down -- and we have a perfect
example...
Commissioner Teele: OK. I agree.
Commissioner Sanchez: I have a perfect example.
Commissioner Teele: I agree.
Commissioner Sanchez: You know, Commissioner Gori is running -- he's a candidate for
Mayor, so if he either sits on that, you know what it's going to be perceived as?
Commissioner Tecle: I withdraw that recommendation.
Commissioner Sanchez: OK.
Commissioner Teele: I withdraw that recommendation.
Commissioner Sanchez: And 1 believe Johnny...
Commissioner Winton: Withdraw, Commissioner Teele?
230 June 14, 2001
Commissioner Sanchez.: That the Commission sit on the board. It should be
independent, and there are a lot of people out there -- consultants that we spend a lot of
money on could sit on it.
Commissioner Regalado: Yeah. Only om ;. Only one member of the Commission. Only
one member of the Commission. So, can -- sorry. Can we vote? I've just got to leave.
I'm sorry, Mr. Chairman.
Mr. Maxwell: As acting as the...
Commissioner Regalado: I've just got to leave.
Commissioner Winton: OK. I just have -- I'm sorry. And I'll say this very quickly. I'm
really nervous about -- 1 think that -- I think the intent is good, but I'm really nervous
about this committee being set up that's going to be in the sunshine.
Commissioner Tecle: It's got to be.
Commissioner Winton: I understand that, and that's why I'm now nervous about it. I'm
not sure that there won't he serious unintended consequences, which can just do nothing
but muddle this whole process up. You know, frankly, what I'd rather have happen: 1'd
rather Commissioner Tecic be responsible for meeting with our consultants, on your own,
and report whatever information that you want back to us and give our consultants the
responsibility to tunnel in information from any source that they can get it and ideas that
come forward and let them process those ideas coming forward. Meet with you,
Commissioner Tcele, and you figure out what information you think ought to come back
before this Commission.
Mr. Maxwell: That wouldn't remove it from the sunshine, Commissioner.
Commissioner Winton: That what?
Mr. Maxwell: That wouldn't remove that -- with those kind of'...
Commissioner Teele: He's saying a committee of one.
Commissioner Winton: It isn't a committee. I'm not appointing a committee of anything.
This isn't a committee.
Commissioner Teele: It's not a committee.
Commissioner Winton: This isn't a committee. This is the Commissioner's right to meet
with our consultants.
Mr. Maxwell: But once he starts -- if he gathers information then he makes decisions
about what information he's going to bring back...
231 June 14, 2001
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Commissioner Winton- Ile gathers information in his office everyday.
Mr. Maxwell: Oh, fact-finding. But what I heard you say a moment ago...
Commissioner Tcele: Well, you know what? You know what? You know how this is
coming down now? if we agree here publicly, we don't even have to vote on it. Mr.
Attorney, you know what? Commissioner Winton is right. If we agree here right now
that the Commissioner is saying, "we're looking to you to come back to us with a report
on the matter and we're asking you to have hearings, if you desire to, and let people make
their reports and receive them, legislatively, so that they could be received," there is not
even necessity for a vote. It's just we all agree on it. And, so, there is no Sunshine Law
issue, just like Commissioner Winton is saying.
Mr. Maxwell: When you have a pure fact-finding situation. But I heard the
Commissioner make certain comments about making decisions about which information
he would bring back.
Commissioner Winton: Well, then, I'll take that away.
Mr. Maxwell: What you want is a pure fact-finding situation.
Commissioner Winton: All right. Pure fact-finding.
Commissioner Teele: A pure fact-finding...
Commissioner Winton: 'Thank you. Right.
Commissioner Teele: OK. No decision to be made here, and as far as I'm concerned...
Commissioner Winton: Fact-finding brings information then.
Commissioner Teele: ...there is no necessity for a vote. We just all agree to it here and
that's the end of it. And the Clerk is...
Commissioner Regalado: Agree. And you need to give us your first report by July 10th.
On the meeting of July 10'h
Commissioner Teele: Prior to July 10"'.
Commissioner Regalado: Because we need to decide whether or not that an election
should be called or if the Mayor calls for a special session, we're going to be faced with a
decision right there, right away, so we need to start getting information.
Commissioner Tcele: And I would accept -- it's not a committee, per se. It's just an
acknowledgment by the Commission that you all expect the to file a report back to you,
232 June 14, 2001
initially, but before July 10"'. And the only thing that I would say is this: This is eery
important in this context. The legislature, especially the president of the Senate, needs to
be conferred with and we need to see if there is any funding, source that he would he
willing to grant to us, because right naw, all of the funding scenarios are writing off the
legislature, and I think that's a serious mistake, and it's the mistake at the risk, at least the
reports that -- the report that I have from the Mayor. .And, so, I just think that the request
then is -- Mr. Manager, 1 would request that your office and the Attorney's office work
closely with ine, and that I would prepare a report back to the Commission. I would so
request.
Mr. Carlos Gintenev (Ci(y Manauer): Yes, sir. Mr. Chairman, can 1 make a brief
statement on what is going; on so that we can, you know -- you can all he educators in
terms of' what our process is. We are fully intended to sit down with the County and the
Marlins and work out a -• in terns of the deal, and the deal may not, N%fien it comes out,
may not be what is being proposed right now. We also intend to have the consultants
with us -- our consultants with us at the table, you know, to help us in negotiations, and
the intent is to come out with some kind of letter of intent, which could then he presented
to both Commissions for their, you krtow, approval or rejection. And it appears that most
likely there will he some kind of a vote on something by the people concerning the
stadium. That's the way 1 see it going; now. What that vote is going to be, I don't know.
This is still very flexible. The plan that's put out by the Mayor had the effect of getting,
everybody to the table. The plan that was put out by the Mayor had very solid numbers.
It's a doable thing, but, in the end, it may not be the plan. And any ideas that any -- that
you get from anybody or if you have any ideas about funding, please let me know and it
will be part of the negotiations. Again, it's a very flexible and affluent project. But we
do need to move forward in a fairly rapid fashion in order to put this, you know, before
the voters.
Conunissio:er Teele: Mr. Chairman, the only thing I would respectfully request is that
you all not call a special Commission meeting or anything that would ask us to vote on
something, without giving us at least 10 days to evaluate it. In other words, you know,
what we're saying, here is very simple. Don't conic running in and saying we've got to
vote on something and refer something to the voters without giving us adequate time to
have a public hearing, perhaps, on it to consider it. We're not going to basically he
rushed into calling for a referendum on something; we're going to ask people to vote on it.
And 1 may be willing to hold a referendum -- 1 mean, I may be willing to vote to hold a
referendum. but 1 think we have to at least give the public an opportunity to express
themselves on something like that, and I'm certainly not going, to hold one in July or
August, when hall'of the Angio community is out of town because that has -- you know,
that's the old transit tax fart Il deal, where they held it on the last Thursday in July or
something like that. People smell through that. If we want to have a vote, let's talk about
September or October. if you don't want to tic it into the Mayor's election, I can
understand why you don't want to do that. i mean, intelligently, I don't think it's a good
idea to have it with the November elections, evert though it's going to cost hundred
thousand dollars ($100,000). 1 think you all ought to get the Marlins to pay for the
special election, but that's a sidebar issue. But I do think that we have more at the table
233 June 14, 2001
IZ!ZiillIi�
than the Marlins and the Mayor, and the Commission. There is three hundred thousand
plus people that live in this city and we've got to consider them, too.
Mr. Gimenez: One final thing, sir. I will make every effort to make sure that, as soon as
a document is agreed to, that it gets to the Commission. I do not call for special
meetings. That's the Mayor's prerogative, I guess. So, I can't tell you that's going to he
l0 days. It's going to he his call.
Commissioner Sanchez: (Inaudible)
Vice Chairman Gort: (Inaudible)
Mr. Gimenez: Correct. So, i guess that's up to you all. In terms -- whatever comes out is
a plan and then it will finally be up to the people to decide whether, you know, did they
like the plan or don't like the plan.
Commissioner Tccic: Mr. Manager, I just want to say one thing because I think you keep
saying this. The first time you said it, I just considered it to be just getting to the bottom
line. There will be no referendum if three Commissioners don't vote to have one. So,
unless you know something 1 don't know.
Mr. Gimenez: No. That's correct. You're absolutely right, sir.
Commissioner Teele: OK. And, so, I don't think you ought to assume the referendum or
the timing of the referendum because that's really at the essence of what our authority and
our responsibility, is. And we're hearing from voters everyday. Do you read the "Letters
to the Editor"?
Mr. Gimenez: Yes, I do.
Commissioner Teele: I mean, 1 don't sec a lot of folks...
Mr. Gimencz: I don't assume anything, sir. I'm just telling you how 1 feel about this.
Commissioner Sanchez: All right.
Vice Chairman Gort: What do you guys want to do?
Commissioner Teele: Zoning.
Commissioner Sanchez: Zoning.
234 June 14, 2001
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14, 7A)
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Note for the Record: At this point, the City Commission closes consideration of regular portion
of the agenda to consider items from the Planning and 'Zoning portion of the agenda.
46. CONTINUE CONSIDERATION OF APPEAL OF HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD DECISION WHICH APPROVED CERTIFICATE OF
APPROVAL WITH CONDITIONS FOR REMOVAL AND RELOCATION OF TREES FOR
INSTALLATION OF PLAYING FIELDS AT RANSOM EVERGLADES SCHOOL.
Vicc Chairman Gort: OK. My understanding is, we're going to recess the regular meeting and bo
into PZ.. My understanding, anyone that wants to request a referral or continuance -- Ms. Lcyva.
Commissioner Tcele: Mr. Manager?
Joel F. Maxwell (Deputy City Attorney): PZ -5.
Commissioner Sanchez: PZ -5 what?
Mr. Maxwell: 1 believe they're going to ask ...
Lourdes Slazyk (Assistant Director, Planning & Zoning): Yeah. PZ -5, they're here, I think they
want a continuance.
Mr. Maxwell: Ms. Garcia -Toledo.
Commissioner Sanchez: PZ -5?
Vicky Garcia -Toledo: Yes. Vicky Gurcia-'foledo for PZ -5 and Mr. Gibbs is somewhere.
There's Mr. Gibbs. It's his application, so I can only concur with his request.
Tacker Gibbs: On behalf of my clients, who are the appellants in this matter, we'd like to ask for
a deferral --
Ms. Garcia -Toledo: Continuance.
Mr. Gibbs: A continuance. I always do this. A continuance until a date certain, October 25th.
This is due to the fact that the Ransom Everglades Board of Trustees, who we are dealing with, i's
not meeting until September and we're still trying to work out a settlement of the matter.
Commissioner Sanchez: So moved, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: What am 1 seconding'?
Vice Chairman Gort: The continuance of a coning ...
236 June 14, 2001
OiI 3MVA
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Ms. Garcia -Toledo: Continuance to October 25th or your second -- your PL agenda of October.
Mr. Gibbs: I'm sorry. Second P&7. meeting. I'm sorry. Yes.
Commissioner Winton: Second.
Vice Chairman Gort: OK.
Mr. Gibbs: Thank you.
Vice Chairman Gort: Any discussion from anyone in the public? Being none, all in favor state it
by saying "ayc."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 01-599
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ -5
(APPEAL OF HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD DECISION WHICH APPROVED CERTIFICATE OF APPROVAL
WITH CONDITIONS FOR REMOVAL AND RELOCATION OF TREES FOR
INSTALLATION OF PLAYING FIELDS AT RANSOM EVERGLADES
SCHOOL, 2015 SOUTH BAYSHORE DRIVE) TO THE COMMISSION
MEETING CURRENTLY SCHEDULED FOR OCTOBER 25, 2001.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None,
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Thank you.
237 June 14, 2001
FA
47 APPEAL WITHDRAWN BY APPELLANT (S) W. TUCKER GIBBS, ESQUIRE ON
BEILALF OF GERALD J. TOBINS, OF ZONING BOARD DECISION WHICH DENIED
i APPEAL OF DECISION OF ZONING ADMINISTRATOR REGARDING
DETERMINATION OF NON -SUBSTANTIAL CHANGE FROM APPROVED SPECIAL
EXCEPTIONS; 2640 SOUTH BAYSHORE DRIVE.
Commissioner Sanchez: P7.-1.
Vice Chairman Gort: PZ- 1.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -I is an appeal, so the appellant
goes first.
Vice Chairnian Gort: PZ -1 is an appeal,
Commissioner Sanchez: OK.
.loci Maxwell (Assistant City Attorney): Mr. Chairman`.'
Vice Chainnan Gort: Yes, ma'am. Go ahead.
Mr. Maxwell: Just so you know, there are two items dealing with this geographic location here.
You should treat them ...
Vice Chairman Gort: This is the appeal. That's it.
Mr. Maxwell: The appeal is the only thing you should he addressing right now, even though P7_-
2 deals with the same location. You will not deal with PZ -2, unless you should uphold the
decision of the Zoning Board and, in this case, also the Zoning Administrator, and that is the sole
question in front of you now.
Vice Chairman Gori: OK. Mr. Clerk, could you swear in all those individuals that are going to
testify in this matter please?
Mr. Maxwell: Would you like to do those testifying on any item tonight, Mr. Chairman?
Vice Chairman Gon: On any items tonight. Anyone that's going to testify in any zoning item
tonight needs to be sworn in.
AT THIS POINT, THE CITY CLERK ADMINISTERED OATH, REQUIRED UNDER CITY
CODE SECTION 62-1, TO THOSE PERSONS GIVING: TESTIMONY ON ZONING ISSUES.
Vice Chairman Gort: Thank you. This is an appeal. I guess you -- the appellant -- it's all yours.
Tucker Gibbs: Yes. My name is Tucker Gibbs. I represent Gerald Tobins, address is at 2575
South Bayshore drive. This is home. And address 2701 South Bayshore drive is his office, who
238 June 14, 2001
9610"A
is the appellant in this matter. I also represent the Coconut Grove Civic Club, who has an
interest in this matter. We appealed the decision of the Zoning Administrator -- to the Zoning
Board. The Zoning Board determined -- the Zoning Board voted -- excuse me. OK. The
Zoning Board voted to deny our appeal. We appeal to this body. We have entered into
settlement with the developer, for lack of a better work, developer/lessee, and we're withdrawing
our appeal at this time.
Vice Chairman Gort: Mr. Attorney, did you hear what the request was?
Mr. Maxwell: No, sir. I'm sorry.
Mr. Gibbs: We withdraw the appeal -- we're withdrawing the appeal.
Mr. Maxwell: OK.
Commissioner Sanchez: OK.
Mr. Maxwell: The question is moot.
Commissioner Sanchez: OK.
Vice Chairman Gorr: So what happens then? We don't have to hear it?
Mr. Maxwell: It's moot. You don't have to hear it.
Commissioner Sanchez: No, you don't have to vote. Adios. Thank you for coming.
Vice Chairman Gort: That's it.
239 June 14, 2001
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I48. TABLE: PROPOSED SPECIAL EXCEPTIONS REQUIRING COMMISSION TO
ALLOW MARINA, RETAIL SPECIALTY SHOPS, EXHIBITION SPACE AND
RESTAURANTS FOR PROPERTIES LOCATED AT 2600/2640 SOUTH BAYSHORE
DRIVE. (APPLICANT (S): CITY OF MIAMI, OWNER AND FELIX LIMA FOR GROVE
HARBOUR MARItiA AND CARIBBEAN MARKETPLACE, LEASEE) (See #I 54).
Vice Chaimian Gori PZ -2.
Lourdes Slazyk (Assistant Director, Planning and Zoning): So, we're on PZ -2? i'7_.-2 is a request
for a special exception as amended, in order to allow marina retail specialty shops. exhibition
space and restaurants for the Grove Harbour Marina Prc?ject. The Department of Planning and
Zoning is recomtncndma approval. The Zoning Administrator in the resubmittal of this, which
was the subject of tiie modification, had reviewed and requested that six additional conditions be
placed on it regardit:g compliance with design, guides and standards, and parking issues. So, let
me read those quicklN into the record, Number one, the total number of provided parking spaces
is reduced from -1vee hundred and forty-tuur to three hundred and thirty parking spaces.
Number 2, a five -foo CBS wall is to be placed on the easterly property line in lieu of the three-
foot green area. Number 3, the most westerly parking row is to be eliminated and replaced with
landscaping. Nunibcr 4, the southeasterly parking is to be reduced to comply with the 50 -foot
Charter setback requirement. Dumber 5, the total square footage is amended from one hundred
nine thousand eight hundred Ind seventy-seven square feet to one hundred fourteen thousand
eight hundred and se%cnty-scyen square feet to accurately reflect the total square footage of the
buildings. And Number 6, the landscape islands shall be increased to five feet of green arca in
order to comply with the requirements of the guides and standards. With these: conditions, the
department has found that the proposed project will benefit the Grove Harbour Marina and
Caribbean Marketplac: Development and the surrounding area by allowing public access to the.
City's waterfront. Special exception specifically, the marina use and a PR and open face zoning
district is completely within the scope and character of the project, given that, as part of the
development, the two existing historically designated hangar buildings are beim, restored and
adapted to accommodate dry boat storage, along with some marketplace retail. And with respect
to the additional criterias listed in section 1305 of the zoning ordinance, the proposal has been
reviewed and found to he adequate. Therefore, �%ith the conditions I just read in the record, the
project will have no adverse affects on the adjacent area and we recommend approval.
Vice Chairman Gort OK, Thank you. Yes, nia'am.
Lucia Dougherty: Good evcntng Mr. Chairman, members of thv board. My name is Lucia
Dougherty, with offices at 1221 Brickell Avenue. I'm Joined by my associate, Gloria Velazquez.
}Jere with me this evening is Felix Lima, who is the president of Grove Harbour Marina and
Marketplace, and Tony Zaniora, co -counsel. We're seeking your approval of a special exception
this evening. The plans before you today have a fish market on the first floor, restaurants on the
second floor, offices on the third floor, and niecting rooms and exhibition space on the top floor.
Wiwi we're asking gnu to do is to approve the special exception provided to you, subject to
certain conditions, and I'm going to read those conditions into the record, and these are the
conditions that Tucker's clients have agreed to. And we would like to read these conditions into
the record, but these conditions go away if there. is an appeal of this special exception granted
240 ,lune 14, 2001
aa�x�r�:
today with these conditions. So, there're some outstanding issues and Dena will describe what
that issue is.
Commissioner Teele: Is that legal?
Mr. Maxwell: is this an agreement ,you're talking about with the Homeowner's Association, Ms.
Dougherty?
Ms. Dougherty: We are -- yes.
Mr. Maxwell: That's not relevant to this -- that's not relevant to these proceedings. I would ask
Ms. Dougherty: What we're asking...
Mr. Maxwell: I would ask that you not include that in the record.
Ms. Dougherty: No. You can do this. Let me just explain to this -- maybe he's not
understanding. Maybe I didn't make myself clear. What we're asking you to do is approve the
special exception, with conditions, OK.
Mr. Maxwell: OK. But not -- that's fine if you ask the Commission to place these conditions,
but ...
Ms. Dougherty: However, these conditions would not be applicable if there is an appeal taken of
this special exception.
Commissioner Teele: Can't do that. You can't do that.
Mr. Maxwell: No, ma'am. I don't think that -- you can't do that.
Commissioner Teele: No, you can't do that.
Ms. Dougherty: Why not?
Commissioner Teele: That's arguing in the alternative. You know...
Ms. Dougherty: No, no, no. Listen to the conditions and you'll sec why.
Commissioner Teele: But --just -- it doesn't matter. If somebody appeals, then basically you're
saying they can't appeal.
Ms. Dougherty: Then you have the special exception exactly as it is. No. He's willing to accept
that.
Mr. Gibbs: That's what we are willing to accept
241 June 14, 2001
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Commissioner Teele: As a matter of law?
Ms. Dougherty: Yes.
Mr. Maxwell: 1 don't believe that you can place -- you can't place that -- the conditions of that
type. on this agreement. 1 believe that's...
Ms. Dougherty: The kinds of conditions that we have, you will see, well be able to do that.
Vice Chairman Gort: Excuse me. I'm not an attorney --
Ms. Dougherty: Sure
Vice Chairman Gort: -- but let me see if 1 can get something clear. My understanding is, you
agreed to sonic agreements, some conditions you all agreed to, both parties, and if it continues
(INAUDIBLE) it complies with, but if it's appealed, you have to come back to us and then you
can make a new application?
Ms. Dougherty: No. We want this to be final today.
Vice Chairman Gori: 1 understand it's going to be final today, but we can take a final decision
today. My understanding is, this can be appealed in 15 days; atm I wrong?
Mr. Maxwell. That's correct.
Vice Chainnan Gort: By somebody else. Doesn't have to be this (INAUDIBLE) somebody else.
Mr. Maxwell: Actually, 30 days. They have 30 days to appeal a decision.
Vice Chairman Gort: I'm sorry. I can't...
Mr. Maxwell: Thirty days.
Vice Chairman Gort: Thirty days?
Mr. Maxwell: Yes, sir.
Ms. Dougherty: Well, let me go through these conditions.
Vice Chainnan Gort: OK.
Ms. Dougherty: And then let me think about this. OK. The new building will have no more
than three stories; the restaurant shall limited -- shall he limited to the ground floor; live
entertainment will not be permitted outside of the restaurant, except for three events a year; live
entertainment will be permitted within the restaurant if the windows and doors are closed to the
242 June 14, 2001
outside and sound cannot he heard outside, except for the veranda, there would he no outdoor
seating for the restaurant, no food or drink preparation or service shall be outside of the
restaurant; no banquet or catering facilities are permitted, and no amplified music outside of the
restaurant. The Grove Harbour will install bike racks and pavers on -- in pedestrian walkways.
Grove Harbour will agree to a substitution or will apply for and would agree to substitute a
hedge for the required wall on the north property line, separating the property from Shake -A -
Leg, and we know that we have to go and get a Class I1 permit or sonic other approval from the
City, but we would agree to seek that approval. Grove Harbour would agree to give notices to the
neighbors for all Class II special exceptions or variance applications, and Grove Harbour will
agree not to lease its parking lot during the Coconut Grove Arts Festival. Now, these arc
conditions that I believe that we can agree to conditions on the record. However, if this issue is
appealed within 30 days, these are conditions that can be released very easily. 1 don't see any
reason why this couldn't be done.
Mr. Gibbs: And, Mr. Chairman, on behalf of my client, can 1 just ...
Vice Chairman Gort: Look. What I'm saying is, automatically, if it's appealed, it's got to come
back and those conditions can be taken off from the appeal.
Ms, Dougherty: No.
Mr. Gibbs: No, no, no. The appeal here is the court.
Mr. Maxwell: No, that doesn't happen, Mr. Gibbs.
Mr. Gibbs: I'm sorry.
Ms. Dougherty: This is -- it has to be -- this has to be final today, otherwise the appeal goes on
forever. There has to be a final decision today. Otherwise, you can continue having...
Vice Chairman Gort: Let me ask you a question.
Ms. Dougherty: Sure.
Mr. Maxwell: My advice to the Commission ...
Vice Chairman Gort: I'm not an attorney and sometimes I don't understand.
Mr. Maxwell: Commissioner?
Vice Chairntan Gort: What we're saying is, that we're going to make a decision today and this
decision we take today nobody can appeal it.
Ms. Dougherty: It's final. They can't appeal it.
Vice Chairman Gort: OK. And if you appeal it -- if they appeal it, what happens?
243 June 14, 2001
Ms. Dougherty: If it's appealed -- if they appeal it, we have our special exception approved, but
without these conditions, the ones we read -- the ones that she has, ycs.
Mr. Maxwell: Mr. Chairman, first of all, 1 think: you should either consider the conditions,
period. Accept them or reject them. Do not make them subject to anything else. I think that
there's a delegation issue, improper delegation issue if you do that. But there's certainly nothing
wrong with any of those conditions that you may want to impose, if you choose to do that today.
Commissioner Sanchez: Would it have to be done by a vote to accept these conditions?
.Mi. Maxwell: Excuse ire?
Commissioner Sanchez.: We would have to vote to accept these conditions?
Mr. Maxwell: Yes, you'd have to vote on that today. If it...
Commissioner Sanchez: And both sides agree on it, on the conditions?
Mr. Maxwell: Hold it, Commissioner. It's not based on whether they agree or not. You have
your own criteria for deciding whether or not those conditions are proper. Then, if it's appealed
within 30 days, of course, it will go up on the record to court and -- called a petition for certiorari
-- then it determined -- then it depends on what the court does. The court could send it back or
the court could agree fully with what you've done, and then the special exception would simply
stand. You don't know what the court would do. I would presume that whatever you do here --
in fact, the presumption is that whatever you do here is legal. So, the presumption should be that
[lie court will uphold whatever you do, not the reverse.
Commissioner Sanchez: Well, I'm hoping the perception here is that everything's legal, so ...
Ms. Dougherty: The only reason that we would agree to these conditions --
Mr. Maxwell: That's the presumption.
Ms. Dougherty: -- is that there was no appeal. That's the point.
Commissioner Sanchez: So moved, Mr. Chairman, with conditions.
Ms. Dougherty: No. I'm -- what I'm saying to you is that we do not agree with these conditions
if this is an appeal.
Commissioner Teele: We can't overrule the City Attorney.
Ms. Dougherty: Then we have to have a -- the only issue left outstanding, frankly, is the number
of tables and chairs, and, Dena, you want to address that? If that issue is off tltc table, then I can
agree to these conditions.
244 June 14, 2001
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Vice Chairman Gort: Look...
Mr. Maxwell: Or the Commission can continue the item.
Vice Chairman Gort: We're the ones -- we have to make a decision here.
Ms. Dougherty. Or unless you can say --
Vice Chairman Gort: Excuse me. Lucia?
Ms. Dougherty: You, on behalf of your clients, will not appeal it.
Vice Chairman Gort: Lucia, Lucia?
Ms. Dougherty: Yes, sir.
Vice Chairman Gort: Why don't you make your presentation? We'll listen from the opposition
and we'll make a decision.
Commissioner Winton: Lucia, could I ask you a question?
Ms. Dougherty: Sure.
Commissioner Winton: 1 didn't understand -- would you tell me again what you said about
outdoor seating for food services?
Ms. Dougherty: I can't make a presentation. My expert witnesses are gone. My experts are
gone.
Commissioner Winton: I heard the part about no music outside, but did I also hear something
about no outdoor seating tied to the restaurant?
Ms. Dougherty: It says no food -- except for the veranda, which is on the restaurant, there shall
be no outdoor seating for the restaurant. That doesn't mean that you couldn't have seats outside,
but there'd be no table service to the restaurant.
Commissioner Winton: What's the veranda?
Ms. Dougherty: The -- where's our architect? Do you have a...
Commissioner Winton: OK. So, he can bring that to me and I'm done with that part right now.
So, you can keep going.
Dena Bianchino (Assistant City Manager): Commissioner, can I just give you a little bit more
information'' Because i think 1 know why you're asking these questions. There is a market in
245 June 14, 2001
this project. The market will be comprised of 45 percent food, most likely. There will be seating
available for people who want to buy a sandwich, go sit by the water, enjoy their meal. The only
issue here was having restaurant service outside tables, which they've agreed not to do. There's
still opportunity for the public to buy food on the outside.
Commissioner Winton: Fine. But now I understand. Because I didn't get this before. So, thank
you.
Ms. Dougherty: Just for your edification, you have the small hangar here, which is where the
marketplace here. The large hangar is where the dry dock storage is and the boat yard -- boat
yard here. The new building is what we're talking about, where the restaurant is, that currently
has the fish market on the ground floor.
Commissioner Winton: And the veranda's there?
Ms. Dougherty: And the veranda is around it, right.
Commissioner Winton: Got it. OK. Thank you.
Ms. Dougherty: And here is the area, which we have agreed not to have table service from the
restaurant there.
Commissioner Winton: But sandwiches -- people can get there, buy a sandwich, and one of the
other places there and go sit out there and enjoy eating food outside?
Ms. Dougherty: Yes. There is an issue, however -- and maybe, Dena, you want to talk about it -
- because the appellants have a problem with the number of tables outside. They don't have a
problem with the number of seats, but they have a problem with the number of tables.
Commissioner Winton: OIC.
Ms. Bianchino: The group that Tucker represents regarding -- Grove Harbour has already agreed
to no table service from the restaurant. They've also agreed to limit the tables outside to a certain
area, that would be delineated by the site plan, attached to the lease, which is coming back to you
(INAUDIBLE) meeting.
Commissioner Winton: But that's not enough -- in this area now, there has to be a limit to the
table, is that what I'm hearing?
Ms. Bianchino: Yes, that's what they're asking.
I
Commissioner Winton: Thank you.
Commissioner Sanchez: .lust for point of clarification. What are the conditions if both sides
have agreed on this issue?
246 June 14, 2001
Mr. Gibbs: 'rhe conditions that Lucia Dougherty had put in the record are conditions that we all
had agreed upon. Here's the issue. The one issue that was of concern was the issue of the tables,
and, so, what we talked about was dealing with the lease. Well, the lease isn't on the agenda
tonight, but this is on the agenda. So, what we wanted to do was deal with this tonight to,
frankly, get it out of the way and resolve it and then, in two weeks, at the next City Commission
meeting, the issue of the lease would come up regarding the placement of the geographic area
that Dena has described. The problem is, if something happens between now and then, where
the City's position has changed, for whatever reason...
Commissioner Sanchez: (INAUDIBLE).
Mr. Gibbs: Yeah. I mean, that's our (INAUDIBLE).
Mr. Maxwell: We haven't -- Mr. Gibbs?
Mr. Gibbs: That's the bottom line.
Commissioner Sanchez: Gibbs, I'm totally confused.
Mr. Maxwell: You're talking about the lease agreement that is being negotiated. That's a
separate issue totally. It's irrelevant --
Mr. Gibbs: Agree. I agree. OK. I agree. OK.
Mr. Maxwell: -- to these proceedings and should not be discussed at all. The only issue before
this Commission right now is the question of the special exception. I advise the Commission not
the mix that at all ...
Commissioner Sanchez: 'rhe problem here is too many attorneys involved. That's the problem
here.
Mr. Gibbs: There's only two of us.
Mr. Maxwell: Do not mix that at al I with the business decisions necessary for the lease later.
Vice Chairman Gort: They get paid by the hour, guys.
Mr. Gibbs: Not I. Not on this one. /
Ms. Bianchino: Mr. Chairman? 1
i
Vice Chairman Gort: Yes.
Ms. Bianchino: I think ...
Mr. Gibbs: Not on this one.
:ZiZiP.ill�e
247 June 14, 2001
Commissioner Sanchez: It's incredible.
Ms. Bianchino: With the conditions that have been proposed by Lucia, without further discussing
anything about tables, we're -- staff is in favor of them.
Commissioner Sanchez: Staff recommends the conditions set by Lucia.
Vice Chairman Gort: Staff recommends from everything that I've heard so far.
Ms. Bianchino: Yes.
Mr, Maxwell: (INAUDIBLE) and your stufT'.'
Commissioner Sanchez: So, it's a public hearing. Let's—
Ms.
et's—Ms. Slazyk: The conditions proffered by Lucia into the record are consistent with the 1305
criteria, and that they mitigate potentially adverse affects. So, they are acceptable.
Mr. Maxwell: And the changes you -- the things you read into the record in the beginning.
Ms. Slazyk: And the ones I read into the record need to be included because they are to meet
code requirements.
Mr. Maxwell. So, you're asking the Commission to also adopt those?
Ms. Slazyk: Yes. Yes. The six that I read into the record and the ones that Lucia read into the
record.
Vice Chairman Gort: OK.
Ms. Dougherty: In connection with your conditions, some of them may be inconsistent with
what the community wants. In that, they would like to have more landscaping. So, if you would
amend your condition to say, unless approved by Class 11 Permit.
Vis. Slazyk: To modify the amount of landscape -- OK. Yes, Zoning just said that it would be
by a modification to the guides and standards, and that is by Class 11 Special Permit. Yes.
Nis. Dougherty: OK. Now, Tucker, are you agreeing not to appeal this decision? f
Mr. Maxwell: That's...
Mr. Gibbs: OK. That's not an issue. I don't want to (INAUDIBLE).
Mr. Maxwell: That should be done separately. That's not a part of these proceedings. '.vis.
Dougherty...
248 June 14, 2001
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Vice Chairman Gort: I understand -- I'm Irving to say that from the beginning, but that we don't
listen. What can I tell you. Are you -- have you done -- well, let's hear from the public and we'll
get back to you. You'll get a few minutes for rebuttal. OK.
'Vis. Dougherty: I'm not done yet. Just a second. There is another condition that we have agreed
to and we don't want this to be subject to any appeals, and this is a condition that we give to the
Grove Hill Towers, and I'm going to put this in the record. I'm going to give it to -- I' wrote --
this is a March 22nd letter that 1 wrote to the Manager dealing with the issue, and I would like
the City Clerk to put this in the record and make this a condition.
Mr. Maxwell: I'm sorry. What is that that you're putting in the record and making it a condition,
Ms. Dougherty:'
Ms. Dougherty: This is something --accept for December 31", July 0' and the clays comprising
the Coconut Grove Arts festival and Taste of the Grove and six other days per year, selected by
Grove Harbour Maritza, four special promotions, no live music shall he played outside on the
subject property covered by the lease, including the marina, and at all times, any music produced
or reproduced by any method, including, but not limited to live, electronic, and mechanical
means, produced or reproduced inside the building, structures or anywhere else on the subject
property may not be reproduced or amplified outside the buildings or structures on the subject
property accept for soft background music, which can be reasonably heard by those persons
sitting on the bay walk or veranda. Aren't you glad you asked?
Mr. Maxwell: So, you're asking the Commission to make that one of the conditions, as well?
Ms. Dougherty: That's correct.
Mr. Maxwell: That's your discretion, sir.
Vice Chairman (ion: OK. Any further presentation on yours?
Commissioner Sanchez: 11' I was at the restaurant, would I need permission to go to the
bathroom?
Vice Chairman Gort: Yes.
Commissioner Sanchez: Listen, if I was at the establishment, would I need permission to go to
the bathroom?
Vice Chairman Gort: 1 don't know. You might. All depends. There's so many conditions being !,
set here, it's unbelievable.
Commissioner Sanchez: Jesus Christ.
Ms. Dougherty: Mr. Chairman,
IIIIfXi N6
249 June 14, 2001
Vice Chairman Gort: is that it?
Ms. Dougherty: I just want to ask a question. 1 think this issue can be resolved, Dena. if we
agree to limit the number of tables outside 'o six. Tables only. That means, unlimited seating
everywhere. He agrees not to appeal. This issue is over once and for all.
Commissioner Winton: Can I understand what that means?
Ms. Dougherty: That means...
Commissioner Winton: Six tables outside.
Ms. Dougherty: Six tables outside, beyond the veranda, in the area between the water and the
building, which is essentially...
Commissioner Winton: Well ...
Ms. Dougherty: What we're talking about is right here.
Commissioner Winton: When do we talk?
Ms. Dougherty: There is no requirement -- there is no restriction on the number of chairs. There
is no restriction on the number of benches or seating. Just tables. That's their concern.
Commissioner Winton: Well, let me tell you my concern.
Vice Chairman Gort: (INAUDIBLE) what's the problem with the tables (INAUDIBLE).
Commissioner Winton: Right. Because...
Ms. Dougherty: Look, I'll have to have him...
Commissioner Winton: One of the weaknesses we have in our community, the City of Miami,
that's been here since I've lived here, is that there's no place to go and enjoy the water and eat a
meal. We don't have enough of those opportunities. And this whole deal is designed to blow up
the opportunity, not to enhance the opportunity. And 1 don't get it.
Mr. Gibbs: There's a reason. f�
i
Commissioner Winton: Well, I'm curious. 1
Mr. Gibbs: OK.
Vice Chairman Gort: Listen.
250 June 14, 2001
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Mr. Gibbs: Wait, wait. Commissioner?
Vice Chairman Gort: OK. Wait a minute. Wait a minute. Hold it. Hold it. Hold it. Let me do
this. I've been wanting to do this all afternoon.
Commissioner Tecle: There you go, Mr. Chairman.
Vice Chainnan Gort: [cold it a minute. You all can do whatever you want. Final decision is up
to us and we put the conditions that we want. OK. Just want to make sure everybody knows
that. Go ahead with your presentation.
Mr. Gibbs: Commissioner Wilton, without being laborious about it, I'm going to tell you how
this process started. It started with the Coconut Grove Charette many years ago, where the
citizens of Coconut Grove and the people of the waterfront community got together and said this
is what we want for our waterfront. Bruce, I apologize for stealing your thunder. Out of that
charette came an issue about developing this property over here, the property that's the subject of
this issue. Out of that, the citizens group that was created by the City to develop an RFP
(Request for Proposal). 1 was on that citizens committee; Joyce Nelson was on that citizens
committee; and several other people in Coconut Grove were on that citizens committee, and we
help write that RFP, and within that RFP was language about what we wanted and what we
didn't want. The community wanted a full service boat yard and marina, period. They wanted a
place where people could take their boats. They did not want Bayside. They did not want
Monty's. That was clear, As we developed this RFP, it became abundantly clear that the
economics could not allow for a full service boat yard and marina on that site that stood alone.
Commissioner Winton: And to save the ...
Mr. Gibbs: Machine shop.
Commissioner Winton: No. To save the two structures.
Mr. Gibbs: That's correct. And that's one of the issues.
Commissioner Winton: Which is very expensive.
Mr. Gibbs: Absolutely. And so, doing so, the RFP was developed to allow for a marketplace.
Mr. Maxwell: Commissioners"
Mr. Gibbs: This is the issue. Pnt answering a question.
Mr. Maxwell: I know you're answering a question, but he's still polluting your record for you
very badly.
Mr. Gibbs: Well...
IIII1yff"7
251 June 14, 2001
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Commissioner Winton: He's what?
Mr. Maxwell: I le's polluting; this record.
Mr. Gibbs: I've been accused of a lot of things...
Mr. Maxwell: We have two court reporters sitting here who are providing a record, as they're
required to under law, to take this to court, and as 1 advised earlier, discussions about the lease
and the RFP 1 don't think are pertinent to these discussions.
Mr. Gibbs: I'll tell you why it's germane. Mr. Chairman...
Mr. Maxwell: It's...
Mr. Gibbs: It's germane ...
Vice Chairman Gort: Excuse me. Go ahead, Mr. Attorney.
Commissioner Winton: (INAUDIBLE) Mr. Attorney.
Mr. Maxwell: I don't think that these discussions about the lease agreement and so forth are
pertinent. As 1 pointed out before, the criteria for making the decision on this special exception
is clear, and it deals with issues other than the business decision surrounding that RFP. If you
deny the special exception or grant the special exception based on your business decisions or
whether you want to have a -- you want to have a certain operator there or whatever the issues
are that will come up when this issue is properly before you on the RFP, and it will come before
you...
Commissioner Tecle: When? How does it come back before us?
Commissioner Regalado: Yeah, when?
Mr. Maxwell: The lease agreement, i mean.
Ms. Bianchino: Could I -- wait, Joel. Let me ...
Mr. Gibbs: It's been approved.
Ms. Bianchino: I want to -- 1 will say for the record, we have a memo from the City Attorney to
the City Manager dated March 6, 2001, that opines the project is compliant with the RFP. That's j
the end of the story. We have a legal opinion: it's compliant.
Mr. Gibbs: Mr. Chairman, may I address this?
Ms. Bianchino: Mr. Chairman (INAUDIBLE).
252 June 14, 2001
Vice Chairnian Gort: Excuse me, Wait a minute. Let me finish. Everybody gets a chance to
speak. 1 want to keep it in order, OK. Yes, ma'am.
Mr. Gibbs: Oh. Fine.
Ms. Bianchino: Commissioner Teele, in response to your question, the only other issue that
needs to come before the City Commission, would be scheduled in the future, is an amendment
to the already-approved lease agreement, which deals with such issues as transfers and use of the
bay bottom property icom the state, and that's a separate issue.
Commissioner Winton: I withdraw my question.
Vice Chairman Gort: OK.
Mr. Gibbs: Mr. Chairman, may 1 address the issue the City Attorney » because I think it's...
Commissioner Tecle: Before you do address hire, let me just say this.
Vice Chairman Gort: Excuse me.
Commissioner Teele: If this lease comes back to us for anything, you -- neither you nor the City
Attorney can tell us that we cannot look into the lease agreement. So, I heard what you said. I
heard...
Mr. Maxwell: I didn't say that. Didn't...
Commissioner Teele: 1 heard what you said about it will come back on an assignment or
whatever those words were, but if it's back here, it's back here. Is that...
Mr. Maxwell: We haven't said it could -- we haven't said you couldn't do that.
Commissioner Teele: OK. Well, I just want the record to be clear that, if this lease agreement
comes back to us, it's back to us because I'll tell you this. I wasn't here when it was voted on,
you know. I'm -- it was up with the Oversight Board apparently for a year or two or something.
You know, this thing is making me nervous at this point because it's too many court reporters
here. It's too many people anxious. Everybody needs to -- you know, the lawyers are all anxious
and something's going on. Something's going on and I don't have an idea -- and I tell you, I'm
about ready to get up and leave because 1 don't feel that I have a good understanding; of what
record is being made now. Everybody's cutting everybody off; everything is in a hurry and in a
ntsh, and 1 think we need to slow this thing down and take our time because Commissioner
Winton made one very good point on this. 1 don't know why we're going to be limiting the use of
water in Miami. I mean, something's missing. And, you know, Commissioner Winton is a little
hit of a developer, last time I checked. fie understands this stuff. And, you know, I haven't
really thought about it. I mean, Bayside is a pretty, you know, big deal, but the truth of the
matter is, we do have very few venues when you look at 82nd Street along Biscayne -- on the
253 June 14, 2001
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•
bay and come all the way down to the Omni, you know, and then jump across the 395 and just --
look, there aren't a lot of waterfront vistas and -- what did y'all just eliminate? Verandas?
Ms. Dougherty: No. We have a veranda and we can...
Commissioner Teele: Well, I'm talking about there ain't a lot of them between 82nd Street, City
limits of the north and the bay, and as you come all the way down. So, we need to make sure
that whatever's going on here is in the best interest of the City, and that's what I'm a little bit
concerned ahout because I think Commissioner Winton sort of broke the code on this thing.
Commissioner Winton: Well, I'm -- well, I think I want to hear all the rest of the public's input
and then we're going to make some decisions.
Vice Chairman Gort: Let's continue with the meeting. Let him make -- finish your presentation.
Commissioner Winton: And l withdrew my question.
Vice Chairman Gort: We'll close the public hearing and we'll discuss it among ourselves.
Mr. Gibbs: I'm not making a presentation. Commissioner Winton asked a question, but 1 feel
that, since Mr. Maxwell made a statement, I would like to at least put my comments on the
record and, so, if you'd let me do that, I'd appreciate that.
Vice Chairman Gort: Go right ahead, sir.
Commissioner Winton: Relative to him.
Mr. Gibbs: Relative to Mr, Maxwell's comments that the lease is not germane. 1 will tell you
why. Now, you all don't have to buy into it but 1 will tell you why it's germane. This is the
lease, Section 46, sub paragraph A, development plans.
Mr. Maxwell: 1 object again, for the record, Commissioners.
Mr. Gibbs: It tells you you have to approve this by a special exception. Mr. Maxwell, look at
this. It says here, "development plans shall he subject to the submission of an application for
special exception," which is what this is. This is what they're doing pursuant to the lease.
Mr. Maxwell: .And that's right. But their decision won't be based on the lease.
Mr. Gibbs: Let me tell you -- wait a minute. Let me finish, please.
Mr. Maxwell: You're complying with that requirement.
Mr. Gibbs: Mr. Chairman --
Vice Chairman Gort: Go ahead.
254 June 14, 2001
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Mr. Gibbs: I'd like the opportunity to finish.
Vice Chairman Gort: OK. Go ahead. finish. Finish, finish, finish. Go ahead.
Mr. Gibbs: it says that the "development pian shall consist of all application materials." Then it
says construction documents are these development pians. There's a schedule under which the
City Manager must approve these construction documents that you've approved as a special
exception. You want to talk about messing this thing up. You all want to talk about mixing
special exceptions and leases? Look to your document. You did it. I'm sorry. You all put this
in the lease. This is the lease agreement.
Vice Chairman Dort: Thank you. OK. Let's go.
Mr. Gibbs: And you're telling me that I don't have a right to talk about how this lease agreement
came to be and why it's important to this special exception'? I find that incredible.
Commissioner Tecle is right. This is incredible --
Ms. Dougherty: Mr. Chairman, before—
Mr.
efore—Mr. Gibbs: This is an incredibly confusing situation that's being made even more confusing.
Ms. Dougherty: Mr. Chairman, just one minute, please.
Vice Chairman Gort: Hold it. Guys, look, you want to run the meeting? Come on, run the
meeting. I'll get out of here and we'll walk out of here and you guys run the meeting.
Ms. Dougherty: No, no, I don't want to run the meeting. I just want to put something on the
record for vour --
Vice Chairman Gort: No. 1 -- let me do this. OK. I'm calling this meeting. I'm chairing this
meeting. Let's finish the presentation. I want to hear from the public, then we'll go back to you.
Go ahead.
Mr. Gibbs: Mr, Chainnan, I'm not making a presentation. I'm going to ask f'or a deferral. We do
not have a full board. I don't think it's appropriate for us. I know that Ms. Dougherty's experts
are not here. I think a lot of people who are on my side aren't here. If this is the way it's going to
be handled, 1 think the best thing we can do is defer this matter mid do it another time. Because
you know what? We've been told we can't say certain things and, if you want, we'll go through a
full blown opponent -to -opponent hearing, and forget about settlement and we'll let -- you know,
if that's what we want -- if that's what you all want, let's go for it.
Vice Chairman Gort: Make your presentation. Want to hear from the public here and that's it.
Mr. Cribbs: The question is, what is the presentation? If you were asking us to make a
presentation on this issue that Ms. Dougherty's presented to you as a -- I don't know what you
255 June 14, 2001
QUIPM611
want to call it -- as a series of conditions that we've agreed upon, that's fine. But one of the tuost
important issues is an issue that you all obviously have concerns about and we have concerns
:tbout. The idea that (INAUDIBLE) moved in some other situation that you all were going to
handle at another time now looks problematic to us, which means the settlement, the two parties
coming together as one, resolving this issue and moving forward is in jeopardy, and for that
reason, 1 don't know if we can go forward.
Commissioner Teele: May I just -- may I inquire of one -- is there a time -- is there any reason
why this cannot be deferred to the next meeting?
Vice Chairman Gert: It's been deferred too many times already.
Commissioner Sanchez: It's been going on for -- it's been going on for --
Vice Chairman Gort: It's been going on for ten years.
Commissioner Teele: But they're still -- they're writing an agreement on -- in the halls
apparently.
Mr. Gibbs: Right. Exactly.
Commissioner Teele: So, l mean...
Commissioner Sanchez: Oh, my God.
Commissioner Teele: 1 mean -- where you all not -- are you all not trying to work this thing out
as we've been here today?
Mr. Gibbs: Commissioner Teele, you're absolutely right. We've been here since about 3:30
trying to conic up with an agreement and we felt we had.
Commissioner Teele: And I'm asking you the same thing I just said about the Marlins Stadium.
Don't rush an agreement and then ask us to approve it. We're not potted plants here. We're
sitting as judges. We're not here just to rubber stamp whatever the devil you all have agreed to.
Give us an opportunity to understand what's going on,
Mr. Gibbs: And 1 want to do that. 1 think Ms, Dougherty wants to do that, but obviously there's
questions from this board that we didn't anticipate or that we don't have accurate answers for it
to...
Commissioner Teele: But I think that's a function of the fact that the lawyers should have sat
down with our lawyer before you all rushed in here to...
Mr. Gibbs: But your lawyer says that that's not an appropriate thing to do. It's for your City
Attorney to broker an agreement between two parties.
256 June 14, 2001
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Commissioner Teele: I didn't say for him to broker an agreement, But you should at least proffer
to him the documents before you get to us.
Mr. Gibbs: I -- well. OK. That's the City Attorney's call.
Commissioner Tecle: Well, the City Attorney doesn't -- every zoning meeting I've ever been in,
the County Attorney reviews the documents before they even come to the...
Mr. Gibbs: A private covenant between two parties?
Mr. Maxwell: Yeah, but we don't -- yeah. We don't review documents between parties other
than the City Commission.
Commissioner'reele: Documents -- I don't mean documents between them. Documents that are
proffered to this board.
Mr. Maxwell: Which is a different item. `that's different from what Mr. Gibbs is talking about
now.
Mr. Gibbs: Yeah.
Commissioner Teele: Well, you --
Vice Chairman Gort: OK.
Commissioner Teele: Mr. Chairman, all 1 would ask is, look, we've got a CRA (Community
Redevelopment Agency) meeting; on the 25". Why don't we just give this thing an hour before
the CRA meeting and let these people and the attorneys work it out because I'm telling you
something;. We're rushing through this thing; and these court reporters are here for some reason.
Commissioner Winton: Well, I'm not sure we're rushing through them. I've listened to both
sides here. I think...
Commissioner Teele: We haven't heard from the public.
Commissioner Winton: No, we haven't heard from the public because we haven't let the public
be heard.
Vice Chairman Gort: That's why 1'd like to hear from the public, if everybody's in agreement. ,
Commissioner Winton: That's not anybodv's fault but ours. And I frankly have sympathy with i
both parties out there, Our City Attorney is saying; that we can't hear stuff that apparently is
important for them to try to put on the record. I'm no lawyer. I'm sitting here -- you know, I'm
not the lawyer. I'm just the guy sitting; here trying to make a decision that I'm told I have to
make after I hear all the information, but our City Attorney says we can't hear all the information
because it's about something else. So, how we ever get this resolved appropriately -- because
257 June 14, 2001
this is a clear -- it isn't about them getting an agreement. They got an agreement. Our City
Attorney says we can't deal with their agreement.
Vice Chairnian Gort: My understanding is...
Commissioner Winton: So, even if they -- excuse me. Even if they go away for 10 more
months, they're going to be back in the same position where there's some conflict -- these two
have agreed. We can't hear about this agreement some way or another, and I don't know what to
do about that. It doesn't change 30 days from now.
Vice Chairman Gort: My understanding is, and correct tile if I'm wrong, our attorney is saying
that whatever is agreed by them should not influence our decision, but we can go ahead and
make a decision; ant I correct'?
Mr. Maxwell: You certainly can make a decision today, but you shouldn't -- that's right. What
I've advised you earlier on things that 1 think shouldn't be relevant to ,your decision.
Vice Chairnian Gort: Right.
Mr. Maxwell: In order to make sure that that -- that the record doesn't in any way reflect
information that I believe would be improper for you to consider, I've asked that the parties not
discuss that information on the record. Once it's on the record, it's very difficult to say that your
decision wasn't based on that.
Vice Chairman Gort: OK. Let's hear from the public.
Mr. Gibbs: I have not made my statement. I'll wait till the end to make my statement.
Ron Nelson: Hello. My name is Ron Nelson, 2535 Inagua Avenue. Thank you for hearing from
the public. This has bone on a long time and, as you know, there was an RFP and the public was
involved and there's been a whole lot of issues about what groups were selected. All that's done.
We have a group in front of us now. And I think what the public has always wanted is access to
the waterfront and for it to be contiguous. We have this long piece of waterfront going from
Kennedy Park all the way down -- you know, we've 1bught long and hard to bet Virrick Gym
done and Shake -A -Leg done. That's finally done. We've worked on the Seminole boat ramp.
It's finally done, and it's a nice project, with a lot of hassle back and forth. Now, this project is
Finally coming to a point where it's almost clone. What the City viewed or the staff viewed as non
substantial changes to this project, most of the public, who has put time and effort into it,
disagrees with the City and feels that there were substantial changes. This new structure that
they're building is much -- was nurch larger than the original proposal and most of the public felt,
It a minute. How come they're building this four-story building with a catering facility on the
roof' and offices and a raw bar on the first floor and a restaurant on the second floor? No way.
This is not what the proposal was originally," and it isn't. But the City staff did not feel that their
changes were substantial. The residents did. So, now, what we've done is, we've worked with
these people for a long time. We've had to appeal to do it to try and get this project back to as
close to what the RFP was and what their original proposal really was. We care about the
258 June 14, 2001
waterfront, as you know. We've worked a long time to get all of these different projects done
This is the last one that puts the whole thing together. I don't want to see it not happen. i've told
the developers. i've never wanted to sec this project not happen. I've just wanted it to happen as
the RFI' asked for it and as their proposal said. We're pretty close. The reason for the non -tabled
service is that we're afraid, in my opinion -- I'm not speaking f'or the group,. I can't speak for the
group right here -- is that, as you know, we have a very hard time with enforcement of issues in
the City of Miami, If you allow -- this waterfront area is tier the public. It's not for the restaurant.
So, we'll allow them to have a downstairs restaurant and table service tinder the roof of' the
restaurant. Those tables are outdoor, but they're not in the park area of the property. The arca
that's supposed to be accessible to the public, and you know what happerts. Just like the
restaurants that leave tables on the sidewalks. They start to spread and they take over the
sidewalk and then they move down the sidewalk and begin to take over the space in front of the
closed storefronts, and it just continues to creep and grow and grow and grow. So, keep the
restaurant confined to the restaurant area, with some outdoor seating under the veranda, and
allow the other area to be used by the public as we said, who's going to go into the Caribbean
market and buy their conch salad or their sandwich, whatever they buy, sit outside, enjoy eating
it. Don't let the restaurants spread out and begin to take over the entire property. That was not
the inten'. The intent was not to make this a huge restaurant. It was to he a full service marina, a
Caribb:;an Marketplace, and the restaurants were supposed to be of a snack/bar nature. The City
says "no a restaurant's OK." I'm not going to argue that point too hard. I agree with you. I'd like
to be able to sit by the water and cat, but I don't want a restaurant to just take over. So, that's the
reason for limiting it to the veranda. That's why I stuck to that point, not that I don't want people
to cat out by the water. I .vant them to. But l don't want the restaurant to take over the whole
space. Thank you.
Vice Chairman Gort: Thank you. Next.
Joyce Nelson: Joyce Nelson, 2535 Inagua Avenue. This is my ninth year on this project, so if
you can just endure a few minutes of hearing from the public, I would appreciate it because we
have spent many hours doing this, and what Ron said is exactly right. We're not going to fight
the restaurant, which we totally opposed any restaurant there that was not part of the RFP. But
we're saying is, OK. but we want some things in return, OK. We can't just blanketly say OK
because that's not what the whole project was supposed to be. I know that your City staff is able
to talk to you and tell you whatever they want to tell you, and have meetings with you and give
you documents that say this is tine, but that is not what the intent was. And, Mr. Gort, you're the
only one here that was here for the original agreement. 1 don't know how many mayors we've
gone through, how many Commissioners we've gone through, and every time we have to
completely start over again and go back to the original intent of the project, and what the citizens
and what the RFP was. So, I apologize for that, but it gets -- it's getting distorted over time. It's
getting very distorted. And I know that Iver. Maxwell wrote an opinion on my letter that said I i
was wrong. Well, that's his opinion and i disagree. I am right. I was there for the meetings.
The community did not want a liquor restaurant. So, in order to be a citizen that's willing to
work with everyone, which is very hard for me, very difficult -- I'm containing myself here. I'm
saying OK, then give me something back, OK. And I don't know what else to do. I don't want
the project to fail. I want you all to be happy. I want you to make money. I want to go there, I
want to ride my bike or roller skates or whatever, so I said give me bike wracks, give me pavers,
251 .lune 14, 2001
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•
give me landscaping, give me a fountain, make the restaurant look something that's appealing,
not just some ugly structure. Make it look like a Key West house or something, you know.
Make it -- and build a full service boat yard, like you promised. 1 dropped this off to you
yesterday. It says what they promised. Make them do what they promised. Make them build a
full service boat yard. Make them do a Ca••ibbean marketplace. Yes, OK. So, we're going to
have a little restaurant there, but make them do what they promised to do when they submitted
their proposal. I don't know where else to go from here. I'm lost, OK. I mean, just try to do what
we want and we would appreciate because, otherwise, we're going to have to just say, you know -
Vice Chuirman Gort: Thank you.
Ms. Nelson: -- that no RFP is any good in this City.
Bob Brennan: My name is Bob Brennan and i live at 3074 Kirk Street. My big problem with
the restaurant is the traffic back and forth between Monty's and thing -- and it's not the lunchtime
guy that goes out and has a sandwich. It's the guy that goes in and has nine beers and jumps in
his car that's parked over at the YMCA (Young Men Christian Association) illegally and runs
over a kid or has a problem -- you know, that's where my problem lies, and I'm opposed to it.
'Thank you.
Bruce Reep: I hope you all bear with mc. I've been involved with this for nine years also, and I
can possibly bring this to a center of attention. i do recent being heard that there's certain things
the public can or cannot say and I hope you'll give me the time. My name is Bruce Reep, 530
Fairview Street. I've been involved working with youth here in the Grove quite some time. One
of the things I would like to read you -- this is out of the RPP -- and why it's so important. What
brings this thing full circle. And let you know that there arc resolutions that we did approach the
City Attorney, in writing, and in Itis opinion, they were ignored, and it has (INAUDIBLE) City
Resolution 94-782. 1 did deliver documents to you all as well, months ago, Everybody got a
packet. I hand -delivered there. In page 26 -- and this will give you an idea what our concerns arc
-- today you all approved something next door called Shake -A -Leg to build their building. It's a
federally dedicated protected property. The voters care about that property so. much that they
voted for three point eight million dollars ($3.8 million), Safe Neighborhood Parks money. This
project here, we want our boat yard. Yes, we do. I fought for it and 1 want it. I agree things
have come up, Oversight Committee, changing from three hundred thousand to five fifly in the
fifth year. That couldn't be foreseen. We do have to make some adjustments. It's their
safeguards (fiat are being taken away that I'm very concerned about. The project next door will
have over eight million dollars (58,000,000) before we're done. James Knight -- .lames Ridder --
Knight Ridder just donated another million dollars ($1,000,000) for the YM, CA next door.
Those are our children. We have children in wheelchairs. l am -- let you know that I saved you
all today a big headache. I was going to have thirty people in here, with wheelchairs and kids, '
and 1 just said, you know, the issues are basic. 1'd like to read you two protections that are in tite
RFP and there's many other pages in here, in the RFP, that the developer know that this was
happening. I'm sorry that the Oversight Committee raised the rent. You, the City, did not. Page
26, additional emphasis to be given to the integration of site borders, possibly through cross
accesses to save overall design which should attempt to integrate and harmonize ...
260 June 14, 2001
Commissioner Teefe: Mr. Chairman, I would ask that the gentleman be given sufficient time to
finish his...
Vice Chairman Gort: No, no. I am. They are.
Mr. Rccp: Thank you, sir. Thank you.
Vice Chairman Gort: They are.
Mr. Reep: -- to integrate and harmonize neighboring uses along the bay from Monty Trainers to
Coconut Grove Exhibition Center. Of particular importance will he the relationship and
integration of uses and accesses between the property and the adjacent Virrick Gyin. If the City
had done a good job in the last 10 years, with many numerous letters of complaint to the federal
government, which 1 had personally been involved in, and all the videotapes we brave of policing
that federally dedicated park and the parking situation there -- Mr. Teele, bless his heart.
Commissioner, you have said the do have a parking problem in the Grove. This RFP says all
parking must be on on-site. You have a hundred and ten thousand just incrcajcd -- a hundred
and nine just increased to a hundred and fourteen thousand, divided by five hundred, OK. That's
a parking spot for every five hundred. Then you have two hundred admitted vendors in the City
Attorney's Office. That's two hundred more parking spots. One for each vendor. We haven't got
to the customers yet. Then you have a hundred and forty-four dry slips. Then you have nincty-
eight wet slips. Then you've got forty dry ducks, which is the primary required µse, state-of-the-
art required uses, is a dry dock boat repair, Remember the word repair for, (INAUDIBLE)
vessels. We have newspapers articles. i've got all the documents. It says that they're going to
give us forty and in January, they went to the Waterfront Advisory Board and reported twelve,, to
fourteen is all that's going to be repaired and the rest can go up the river. We live in tine Grove
for a reason. We don't want to go up the river and look over our shoulder. Back when this was
going on in '96, in '97, I turned in documents of surveys I did for the whole Biscayne Bay area of
all the boats. Over three thousand boats from 79th Street down to black point -- over 30 feet.
We got the boats here. They need the place. Twelve to fourteen spots won't do it. Now, they're
saying they're going to give you forty again. The primary use -- I can give -- quote to you every
page if you'd like, but I'll just tell you it's in the RFP -- is that the primary use shall not be
supplanted or replaced by optional uses. These are optional uses. But the thing that you need to
know that's going to give you the key to get out of this is that this is a special. exception. You
have something called Resolution 94-782, which was the document that allowed them to write
the Ri=P, and in that document it says that any qualified proposer must -- this has not been
changed. It's still on the books. You can't ignore it. City Attorney might like tp ignore it, even
though I sent him a copy of it, and what it does say is that any qualified proposer must include
the following provisions, and it goes into all about the full service boat yard and!everything else, !r
and then it goes to, and additional acceptable usable in these provisions, in addition to a full
service boat yard facility may include public market and that means no sit-down restaurant and
no liquor sales allowed. Do you want to know how that agreement came out? That's kind of a
weird thing to do. The reason the community came out in force -- a hundred and twenty people
went to that charctte -- if you -- the City Commission, bless your hearts. You weren't here.
We've had five City Managers since then. We have the tapes. We've got the videos, We've got
261 June 14, 2001
the transcripts. It has been stated, you have a resolution that allows you a way out of this. You
don't have to grant this special exception. The reason no liquor sold -- we had four restaurants
already here. You've got Monty's; you've got Chart House, you've got Scotty's. You've got JPs,
which can he reopened if they ever could do it once in awhile, which is the building in the top --
the bar and restaurant on top of the Dinner Key Convention Center, within less than a bloc} and
a half, two block area. I agree, we need to do something, on the water. We have plenty of
restaurants here. The reason this was key -- it was called the Virrick Gym Boat Yard Study --
Merrill Stevens Boat Yard Study -- it wasn't just one study. It was a combination. ]'he reason
was, the community wanted to make sure, as we've voted for our three point eight million dollars
($3,800.000) to go into the Saie Neighborhoods Parks project next door -- and eight million's
going in there -- is that our kids don't get run over. If you guys had monitored and done a good
job for the last eight to ten years, as Mr. Tucker Gibbs was saying, we've had problems in the
past. That's why the restaurant's out hack and outside are so important to us not to happen. 11'
you'll follow ,your rules, your resolutions, which is of record -- I sent copies to all of you -- you
have a way out of this. You can deny this. I am not one who agrees to the Civic Club. I am not a
member of the Civic Club. This will not be over and I'm known for being a little feisty. It will
not be over. So. whatever decision you make today, it's not going to be over, hut,the bigger thing
is is your commitment to your community. The first trial -- we already have the other bars and
restaurants. We can't do anything about that. It should be better policed, but now that you have
agreed to let Shakc-A-1-eg build their building and the "Y" to go in there and how are you going
to get other investors to go in'? How are they going to sell memberships to families when, right
now, you can't find a parking spot over there'? Why should they invest? Why should any private
group invest or contribute millions of dollars to next door? If you all turn around and don't live
up to -- you didn't do it, but your predecessors did. They passed that resolution. It says any
qualified proposer. No sit-down restaurants. So, I disagree. "They're allowed two concession
stands. That's fifteen hundred square feet. That's what it says. You can have your attorney give
his interpretation. You know what interpretations arc? Everybody has an opinion. OK. In the
end, maybe the courts will decide but I'm telling you, Scotty's market next door is fifteen
hundred square feet. That's a concession stand. Why did we say no sit-down? Why did we say
no liquor sold? Because there's a bay walk twenty feet wide and you can't control the people.
Are you going to put a police officer at that bav walk fence and say, "Can you let me breathalyze
you? Can I make sure you parked here and that you didn't park at the "Y"?" The basketball
practices will be betting out and the swimming -- there's swinuning pools going in over (here.
Will be fretting out at the exact same time that happy hour gets over. The first child that gets run
over, I will he here and asking you to search your conscience. You have somzthing that your
predecessors valued. They listened to their community. Mr. Regalado talked to you today
about trust -- to gain trust from us. This is the time to do it. This is an election year, but besides
that, it's a time to live up to what and why -- if not, please do me a filvor. If you do go along
with this special exception, please, close down the Planning Advisory Board. Hire out sonic of
those personnel as personal consultants to the developers because you will -- and, tell us no more
RFPs and don't waste our time because we did come forth with hundreds of hours to work with
you, if you want your community to do so. Please, in the end, realize that you're putting these
children at risk. You do have a loophole. it's not a loophole. It's in the RFP. Resolution 94 --
it's in there, OK. It's in there.
Vice Chairman Gort: Thank you, sir. We got it.
262 June 14, 2001
Mr. Reep: OK. You've seen that it's in there. You can't say the developer didn't know that it
says --
Vice Chairman Gort: Yes, sir.
Mr. Reep: -- that's one of his qualifications. Thank you,
Vice Chairman Gort: Thank you. We bot it. Thank you.
Tack King: Chairman Gori, lack King, 4031 EI Prado Boulevard, Coconut Grove. If' nothing
else from all of this today. 1 hope you understand that the RFP process in the City of Miami has
sonic problems, and that you do something about it in the very near future in the Charter Revicw
Committee. That's the first pail. Secondly, as you all well know, 1 sit on the City's Waterfront
Advisory Board and this came before the Waterfront Advisory Board the first time, long before I
was a member, actually -- about four years ago -- but the project that came before us -- came
before the board at that time and what we have now are nowhere near the same thing. I mean,
they're dramatically changed. The developer was kind enough to come to us, I guess, a few
months ago and bring us, you know, the latest revision and even since then, it's been revised
again. This last one here says revise 6-01-01, which is just a few weeks ago. So, this whole thing
seems to be a work -in -progress, and one of the things that bothers me is that we have the
developer's attorney and a homeowner's group attorney or all individual's attorney who are
negotiating different changes here and modifications to all of this and the public really doesn't
have any input about it. We're finding out about it -- like Commissioner Teele said, you know.
it's happening before our very eyes. These guys are out here in the hallway negotiating these
things and, quite frank)y, 1 don't think that's right. I mean, if these things are worthwhile, then
the public should know about it. They should have a chance to assimilate it and come back and
give you an informed opinion or at least the Waterfront Board should do. i mean, we do this, as a
matter of factly, on a regular basis. But 1 have a real problem with this. i have a real problem
with -- a lot of these issues that have been negotiated here are micro managing. I mean, i was
just absolutely appalled at this thing about no live music outside, you know, for this man, but,
yet, on the left side, he has live music for the next guy, and on lire right side he has live iuusic for
that guy. What arc We trying to do here" This is crazy. I think we should be developing
concepts. We should be building, you know, these types of things that have water -dependent
use, which we've been complaining about for a long time. We shouldn't be worrying about the
number of chairs in this particular place or the number of tables on this particular place. I heard
things like;, rather than having the hedge here, we're going to have a five-foot wall on the north
side. We're supposed to be having a bay walk here. I can't figure out how you're going to climb
over the five-foot wall. I'm sorry. Excuse me. All right. On the south side. But the same thing,
all right. There are a lot of little pieces here that have come up in the last hour that we know
nothing about. How about if the -- let's change the procedure here slightly and say if the two
sides want to get together and they want to have all of these various and sundry agreements and
pieces that they agree on, I think we should get a better chance to look at this than fifteen
seconds at a meeting like this that is now quarter of nine, and the people that had interest in this
earlier, have gone home and many of the people have just gotten tired of coming. I mean, this is
- 1 don't know how many times we've talked about this. But this is the wrong way to do this.
263 .Tune 14, 2001
I
And I'm not sure Whether the developer's right or Tucker's right or -- at this point, I think we're
all Irving to do the best job we can, but not, you know, quarter of nine and when we run
everybody else off and the attorneys are still negotiating in the hallway. It's just not the right
way to do it.
Vice Chairman (fort: Thank you, sir. Next.
Leonard Rosenberg: Good evening. My name is Leonard Rosenberg. i live at 2645 South
Bayshore Drive. I've been watching this only for nine months, not nine years, but I've come to
the conclusion of is that, this is -- it's a three -party type of transaction. You've got the
Commission sitting here, which docs make the final decision. It is your -- not only your r,ght.
It's your obligation to do that. You've bot a developer, who's usually proffering a plan. And
you've got the community that's on the other side. That's the third party. It's a big aniorphuus
party and you never really get a community to agree a hundred percent, just as probably the
Commission doesn't agree a hundred percent all of the time. But what I'm urging the
Commission to do is to accept what the parties have agreed to. The City Manager has agreed that
the conditions that are being proffered are in conformance with a purpose and will help alleviate
any possible negative attributes of the plan. The developer, who has put a lot of money into this,
has agreed to it. There seems to be nothing in this that is detrimental to the community. The
issue on music, that seem to perhaps spark Commissioner SanchU about permission to do other
things, is really for the benefit of the people Who live in the neighborhood. it's come up many
times that whenever any music is played down in this area, it might as well he played on your
balcony. So, the developer has agreed not to have outside music, except, essentially when the
community has outside music, and we've agreed to that. Therefore, I think it's in everybody's
favor to agree to what's been proffered. It's fair to the developer; it's fair to the City, and it's fair
to the community. And with that, i just urge you all to accept what's been done here and to
hopefully put this thing to rest and let the developers start developing this property.
Vice Chairman Gori: OK. Thank you. We'll now -- can We Close the public hearings or you
want to make a statement now:'
Mr. Gibbs: Commissioner?
Vice Chairman Gort: Yes.
Mr. Gibbs: I don't think that the applicant has made their complete presentation, and if we're
taking this as a full blown, legal special exception public hearing, my expert witness is here. i
don't think hers is. My expert witness can't testify unless hers docs. So, i think that they need to
be ready to make their presentation for its to have an opportunity to respond to it.
Ms. Dougherty: Mr. Chairman, let me put this -- 1 trial to shorten this for you so that you
wouldn't have to have a fitli-blown public hearing. This is -- my client is restricting the use of
this property, not because he wants to. He doesn't want to limit the outdoor music; lie doesn't
want to limit his ability to serve at the tables and chairs; he doesn't want to limit the number of
tables out there. These are not things that he Wants to do. What he wants to do, however, is get
this project off the ground. Without an appeal, it will take a year. Thai's the reason that we are
264 June 14, 2001
agreeing to these conditions. We think, in the overall scheme of things, this is a good condition.
So that we can move forward today. get this thing approved; get starting construction; have his
financing not be in jeopardy because this special exception application. Commissioner Winton,
started last October. It's been before the Historic Preservation Board twice, the Planning Hoard
twice, the Waterfront Review Board twice. The last one two months ago and, by the way, Jack
King wasn't there at the time, and from the waterfront's standpoint, it is exactly the same project.
with minor modifications dealing with the parking lot. So, it's not something that we want to do.
These are some things that we have agreed to do so that we can trove forward today, as opposed
to a year from now, after an appeal. So, having said that, if you want to consider our conditions,
which would include six tables out there, unlimited seating, he will agree not to appeal this case.
and I don't have to put on my full presentation.
Mr. Gibbs: Lucia, with another condition. Your other condition.
Vice Chairman Gort: You're volunteering to add all those conditions to your presentation and
that's what you're doing, you're volunteering to make a good project -- you're -- the staff came up
with sonic conditions and you, yourself, are adding some other conditions.
Ms. Dougherty: I'm adding some other conditions.
Vice Chairman Gort: OK. All right.
Ms. Dougherty: Only if he would agree not to appeal this case. There's no point in adding these
conditions if he doesn't agree to that.
Mr. Gibbs: All right. And there's one more condition that we talked about.
Ms. Dougherty: There is, indeed, another condition, Prior to the first public hearing regarding
any amendment to the conditions of the special exceptions, the Civic Club must first approve
such amended conditions. Such approval will not he unreasonably withheld. to any event that
the City -- Coconut Grove Civic Club does not consider the amendment atter being sent a request
within 45 days, the amendment -- the amended condition is deemed approved and any objections
therein are waived.
Mr. Gibbs: That's exactly -- that's it
Mr. Maxwell: "Chat's not a condition. That wouldn't be one of your conditions, Commissioner.
That's not what they -- she's not -- you're not asking that this Commission make that a condition
of this special exception?
Ms. Dougherty: I urn.
Mr. Maxwell: No. That's not proper. Not proper. Now, I think 1 understand that Ms.
Dougherty is really talking to Mr. Gibbs now, OK. So, that's not -- so -- how Mr. Gibbs
responds to that is tip to Mr. Gibbs. But I would recommend that that not he one of your
conditions if you were to approve this special exception.
265 June 14, 2001
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Vice Chairman Gort: All right.
Mr. Gibbs: OK. Here we go.
Ms. Dougherty: Could you agree. Tucker, that it would be only a review by the Civic Club?
Mr. Gibbs: I cannot agree, and I will restate for the Commission, I really believe that we have
come a long way to resolving differences, and I think that a deferral in this matter -- because
there's a Commissioner who is not present -- I think a deferral -- and, Commissioner Gort, a
grand total of how many days until the 25'h for this item to be considered, I think will make it a
lot easier, and you know what? For Mr. Maxwell's benefit, for your benefit, it would make for a
cleaner record all the way around. 1 am prepared right now to go put on my case in chief and we
can go forward. It's -- I think it makes it easier for you all.
Vice Chairman Gort: What do you guys want to do?
Ms. Dougherty: At this point, so we're going to have our full presentation, is that what we're
saying?
Vice Chairman Gort: Yes, we are. Go ahead.
Ms. Dougherty: OK.
Vice Chairman Gort: Go right ahead.
Mr. Gibbs: Unless the City Commission agrees to that, yeah, I have no alternative. l have to
preserve my rights.
Vice Chairman Gort: Let's go.
Commissioner Sanchez: Well -- OK. Let's do it.
Ms. Dougherty: Before he does, ret me just...
Commissioner Teele: But what have y'all been doing for the last hour?
Mr. Gibbs: Good question.
Ms. Dougherty: We tried to settle the case.
Mr. Gibbs: And we couldn't, obviously. That's why I asked for the deferral, because I do think
this can be settled. Obviously, the Commission has a different opinion because 1 didn't hear it.
266 June 14, 2001
Vice Chairman Gort: Do we have a motion to accept -- people are volunteering conditions back
and forth and if they're volunteer their conditions, I think we can accept it and it can he part of"
the motions and...
Commissioner Tecle: What I want -- I want to hear the. record. The management said that we
can hear a part of this -- what did you say, ma'am?
Ms. Bianchino: i spoke in error, sir. Joel's telling me that since You're acting in a quasi-judicial
manner, ( INAUDIBLE).
Commissioner Tecle: l'eah, but you all need to make the record, I mean, Joel can whisper that
to you. but he needs to put that on the record because these guys are writing down what's being
said.
Mr. Maxwell: No, I said that, sir. l ,just said it a moment ago. Yeah, this is a quasi-judicial
proceeding and to order for the Commission to act, there has to be competent substantial
evidence on the record to support whatever you do. So far, the only testimony from -- the only
evidence from the applicant -- well, Ms. Dougherty's side, has been her testimony and the only
testimony -- well, from Mr. Gibbs' side has been him and the neighbors just spoke. I don't know
if they're on the same side.
Commissioner Teele: What you're saying is that the experts have not spoken'!
Mr. Maxwell: I haven't heard anyone that would qualify as an expert, even though some of the
testimony by the neighbors may be considered by a court to be competent. It depends on what
they said. But the attorney's testimony so far would be considered by a court to he argument, not
testimony, not competent testimony.
Commissioner Sanchez: So, this ...
Vice Chainnan Gorr: Let me ask a question. See if we can simplify this and let's make a
decision. It's my understanding is -- Tucker, my understanding is, there are certain things that
you all agreed to, that you're willing to volunteer put into all your presentation and we'll make
the motion subject to that.
Ms. Dougherty: Mr. Gort -- Commissioner Gort ...
Vice Chairman Gort: Not subject to that, but we'll make a motion.
i
Ms. Dougherty: Chairman Gort, just let me make it one thing very clear. If he does not agree to ;
not appeal, then my request to you today is to approve the special exception as submitted with
only the conditions that Lourdes Slazyk put in the record, and that's all. And what I want -- and
a Grove Hill special condition. I want to put in the record the staffs recommendations, the
traffic study, the City Attorney's memo of 3-0-01, the lease, the RFP (Request for Proposal), the
transcript from the Zoning Board, all the applications, all the plans revised, the letter to the City
Manager regarding the special exception conditions of March 22"', 2001, the zoning fact sheet.
268 June 14, 2001
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That's what I want to put in the record for my presentation today, and all of the plans that one
would put in for that, and I'm asking you to make no other conditions other than what the City
staff has recommended.
Vice Chairman Gort: I understand all that. �--
Commissioner Winton: Right.
Vice Chairman Gort: 1 understand all that. Let me ask you a question. My understanding is --
and we can he here and I don't have any problem. All I need the three hours of sleep and I'm in
good shape, My question is -- and this is to avoid all this because we can (unintelligible) and we
can stake a decision and then he can go and do whatever he wants and this could be delayed
another year and what we don't want to do is delay this another year. Now, my understanding is
that you're suggesting some things and you're suggesting some things and we'll make a decision.
Commissioner Winton: Well, except -- may I add something. Lucia?
Ms. Dougherty: Yes, sir.
Commissioner Winton: Tf we move forward under the premise that you've just described, they're
going to appeal,
Ms. Dougherty: They're going to -- but he's not agreeing not to appeal.
Commissioner Winton: Well -- but wait a minute. There has been a suggestion from the side
that we do postone this thing one more time or whatever the technical term is, so that it comes
back on the 25` or the 24''' or whatever that date was. 1 wasn't focused on that. So, it seems to
me that you do have a strategic decision you need to make here, and that will help us in terttts of
what we've bot to do. Your strategic decision is whether or not you want to deal with an appeal
that's going to take a year, and that may be your decision, or whether you want to take this other
20 days or whatever it is and see if you can solve this problem in the next 20 days.
Unidentified Speaker: (INAUDIBLE) solved it.
Commissioner Winton: Excuse me. Take the next 20 days to work this thing out and you either
have it worked out or not. You've lost -- you potentially lose another 15 or 20 days, but you
have also potential to gain a year. So, you need to make that strategic decision and tell us and
then we move forward.
Vice Chairman Cort: Johnny, my understanding is, whatever they agree, they're saying no.
Commissioner Winton: No, that isn't the point I'm making.
Vice Chairman Gort: That's what t keep hearing.
Commissioner Winton: Lucia understands the point I'm making.
269 June 14, 2001
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Commissioner Tecle: I think Commissioner Winton is exactly right. I think he's giving them an
option to rather than rush into this and wind up in court to at least give everybody 10 days to see
if this thing can be worked out. The date would have been Monday, June the 25` , let's say 3:30,
at the Old Arena or -- that's where we meet -- and the Old Arena, in the VIP (Very Important
Person) room and we -- you know, we can have a meeting there. It inconveniences us by an hour
and a half but I tell you, this is an important project. We all want to see it move forward ...
Vice Chairman Gori: (INAUDIBLE) they're getting ready to walk out.
Commissioner Winton: But we've asked them the question. Let them decide.
Commissioner Teele: It's up to them. If they want to do it, that's up to them.
Ms. Dougherty: My client says he'd like to go forward tonight, take a vote on it, and we'll work
with them before the next 30 days to assure them that they won't take an appeal. We can still
work with them, even if you take a vote tonight.
Commissioner Sanchez: Then we're going to have to listen to the whole hearing?
Mr. Gibbs: Hey. Ready? 1 understand. My name is Tucker Gibbs. I represent Gerald Tobins in
the Coconut Grove Civic Club, and others in the vicinity of this area. Excuse me. The court
reporter has to change...
Commissioner Tecle: What did he do?
Commissioner Winton: The court reporter ran out of paper.
Mr. Gibbs: The court reporter ran out of paper. Just a second.
(COMMENTS OFF THE RECORD)
Mr. Gibbs: We're just getting some documents.
(COMMENTS OFF THE RECORD)
Mr. Gibbs: My court reporter needs to -- he was golfing some details from these guys.
Commissioner Winton: Commissioner Gort, should I go home? %
i
(COMMENTS OFF THE RECORD)
Mr. Gibbs: We have no problem with that. We have no problem with that at all. Yes, they are.
Commissioner Teele: This plan"
270 June 14, 2001
rnrsro
Mr. Gibbs: That plan.
Commissioner Tecic: Does Commissioner Winton know that?
Mr. Gibbs: Tl-.%:y're discussing it. The Coconut Grove Village Council is discussing that plan on
the 18ch, in this chamber. They're asking people to come in and talk about it, ]low to implement
it.
Commissioner Teele: See what a good plan does? I mean, people pick it up; they start using;
they start working off of it.
Mr. Gibbs: That's right.
Commissioner Winton: Plans?
Mr. Gibbs: Plans. Absolutely.
Unidentified Speaker: Tucker, which Coconut Grove planning study plan was that?
Mr. Gibbs: 'That was the Coconut Grove planning study done which Duane Plater-Zyberk, et
cetera.
Commissioner Teele: But the Village Council was the driving force behind ...
Mr. Gibbs: Absolutely.
Unidentified Speaker: That's correct. Yes.
Commissioner Teele: Pushing for this.
Mr. Gibbs: 1 was the Chairman.
Commissioner Winton: That's right, Village Council.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 9:07 P.M. AND
RECONVENED AT 9:35 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPT COMMISSIONER REGALADO, FOUND TO BE PRESENT.
Commissioner Winton: All right. I'm ready to go home.
Commissioner Teele: You know, did we do anything for Cortela (phonetic)? Has this
Commission done anything for Mr. Cortela? Well, I -- Mr. Manager, I think, at the next
meeting, we should have an appropriate memorial or appropriate pre -Commission presentation to
the family of the late --
Mr. Gibbs: Pam Cortela (phonetic).
�n��
271 June 14, 2001
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Commissioner Tecic: -- Pam C onela. I'm sure Commissioner Winton doesn't object to -- he
brought us to our senses in a way. He's the one who brought us to our senses in a way.
Mr. Gibbs: No. But what I'd say ab jut Pam Cortela, lie put his money where our mouth in
Coconut Grove was.
Commissioner Winton: And I put my money next to his.
Mr. Gibbs: Yeah, exactly. And you were there too. There were a lot of people.
Vice Chairman Gan: (INAUDIBLE).
Commissioner Teele: Really.
Commissioner Winton: (INAUDIBLE)
Vice Chairman Gort: Yeah. (INAUDIBLE).
Commissioner Teele: No, I didn't know that.
Mr. Cribbs: I love it.
Commissioner Teele: That was u dumb argument to make.
Unidentified Speaker: (INAUDIBLE_). Just trying to get everybody's attention.
Commissioner Tuele: Who was that guy? Let's get him. Maybe he'll do it from within.
Vice Chairman Gort: OK. We're back. Let's go
Commissioner Sanchez: Mr. Chairman, can I make a recommendation, that we --
Vice Chairman Gort: Yeah, you can make anything you want.
Commissioner Sanchez: That we listen to this item and defer the rest of the agenda and we could
come back Monday, the 18`h, and finish it off?
Commissioner Winton: I'm not coming on the 18'h.
Commissioner Teele: I would recommend that we come back Monday, the 25" --
Commissioner Sanchez.: OK.
Commissioner Teele: -- at two o'clock, and finish the agenda, and then have the CRA board
meeting, and let's just have it here.
272 June 14, 2001
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Conunissioner Winton: You know, I can't to do that.
Vice Chairman Gort: 1 can't.
Commissioner Tecle: Three o'clock.
Commissioner Winton: Afternoon's my only time to do business because I'm here every single
day. Every morning.
Vice Chairman Gort I can't.
Commissioner Winton: People (INAUDIBLE) I've got to do sotne business. So. I'd rather stay
here and just get this done tonight and then I don't have to come back and then I don't have to
lose more money (INAUDIBLE).
Vice Chairman Gort: Why don't you call Regalado? He might be finished with the church by
now. He might be able to conte back..
Commissioner Teele: Yeah, why don't you all send the Chief of Police out to get -- find
Regalado.
Vice Chairman Gort: Yeah. OK.
Commissioner Teele: Or better still, have the guy upstairs (INAUDIBLE) to report him where
he is.
Commissioner Sanchez: All right. Well, let go. It's going to be a long night. Let's go.
Commissioner Teele: Pidermann, where is Regalado? What did they decide to do?
Commissioner Winton: I'm moving up the charge.
Mr. Gibbs: You're ready.
Commissioner Sanchez: Let's do go.
Mr. Gibbs: Ready? OK. My name is Tucker Gibbs. I represent Gerald J. Tobins, who's address
is 2575 South Bayshore Drive. And 27 -- his home. Twenty-seven zero one South Bayshore
Drive, office. I also represent the Coconut Grove Civic Club. We're here in opposition to the
granting of the special exception that is before you tonight. Quite simply and in a -- to
abbreviate this as much as we possibly can, I want to put some items into the record. These are
items that are already in the public record but 1 still want to -- 1 want to list them for the public
record and not in any particular order: the appeal of the zoning administrator's decision
regarding this property; the Miles Moss 'Traffic Report, which, I think, has already been put into
the record; the plans of this project dated 3-14.01, the 2-16-01 plans for this project; the notice of
273 June 14, 2001
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Vice Chairman Gon: Thank you.
Mr. Gibbs: Plaintiff, I'd like to respond...
Vice Chairman Gori- We won't let that influence us. OK.
Mr. Gibbs: May I respond to the City Attorney for the record? I need to respond to the City
Attorney for the record.
Vice Chairman Gon: OK. Go right ahead. I mean, no problem.
Mr. Gibbs: "rhe agreement that the City Attorney is saying is not relevant defines dcvelopmcnl
plans as all application materials required pursuant to a complete special exception petviit
application and a certificate of appropriateness application. The fact that that is in there makes
this lease relevant to this special exception. 1 -- you know -- for the record ...
Vice Chairman Gort: You've got it. You got it on the record. Go ahead.
Mr. Gibbs: Thank you. Our position, quite simply, is that you have a set of conditions that are
required to grant a special exception and those are outlined in Section 1304 -- excuse me, 1305,
which talks about considerations, generally, standards, findings and determination for special
permits. Those involve ingress and egress, off-street parking and loading, refuse and service
areas, signs and lighting, utilities and drainage, preservation of natural features and control of
potentially adverse affects generally. 1 draw your attention to that section because 1 think that
what was done previously in this hearing by Ms. Dougherty's recitation of those conditions were
a direct result of that standard and the application of that standard, and for that reason, our
opposition to this project is based on partially the fact that this project has generally adverse
affects to the community, and we believe the City Commission has the authority, when you find
for those adverse affects, that you can demand special remedial measures appropriate with the
circumstances in the case, and it goes through the list, which 1 will not bore you with. For that
reason, we feel that you all have the ability to put conditions on this, conditions that, hopefully,
both parties can agree ort, and resolve this matter. Absent that, I'tn going to say to you that we
believe that this proposal, as presented, as the Zoning Board approved it in November of 1999,
as it is presented to you tonight, has serious flaws. Those flaws, we will outline, our professional
planner, Mr. Mark Alvarez, will testify now to what is the problems in this project and why you
should not grant a special exception. When he's finished, I'd like to conclude. Thank you.
Mark Alvarez: Mark Alvarez.. I'm a Professional Planner. I'm registered in AICD, American
Institute of Certified Planners. My address -- business address at '_'520 Coral Way, Miami,
Florida. I'm going to speak to -- there are four special exceptions that we're looking at tonight,
that we're making a decision on, and they're basically -- although a group is one. The first is to
allow a marina. The second is to allow retail specialty shops. The third would be to allow an
exhibition hall and banquet hall, and the last -- the fourth one would be to allow a restaurant and
a raw bar. Those are all per Anicle 4, which is basically the Parks and Recreation "Zoning
Ordinance that these be supporting, social, and entertainment uses and that they be integral to the
park's design. As Mr. Gibbs already went over, the tests for those that we look at the impacts of
275 June 14, 2001
those special exceptions. They're special permits; that we have to look at them specially to see
if they impact the surrounding area, and there are eight tests that Mr. Gibbs spoke to. l will lout.
at -- I will be speaking about the first three of those tonight that is ingress and egress, off-street
parking and loading. and refuse service areas. On ingress and egress -- and I'm going to speak to
-- Tucker, listen tc this and make sure I'm correct -- there is the plan that was submitted. it's
dated 2-16-00 and the plan that we arc -- I believe is in the package on this agenda is the one that
on sheet L-1, even though the date is the same as the last one that went before, this one has three
hundred and thirty parking spaces in the parking lot, whereas the last one had four and forty.
Which one should we speak to!
Mr. Gibbs: I have no idea. That's a City Attorney question.
Mr. Alvarez: Because we have two, and they're dated the some and I need to be clear on now
that we're on the second part of this, which one 1 speak to.
Vice Chairman Gort: What's in front of us, staff`.?
Mr. Alvarez: Which one is in front of you'.'
Mr. Gibbs: Excuse me again. -fucker Gibbs. What we're asking for -- the plans that are before
you are dated 2-16-00, The plans -- there are other plans that were 2-16-00 and there's a
discrepancy between them, the number of parking spaces. We just want a clarification of which
set of plans is before you tonight.
Mr. Maxwell: Staff would have to respond to that, Mr. Chairman.
Vice Chairman Gori: That's what I'm saying. Said that from the beginning.
Ms, Slazyk: The one that's before you tonight is the untended one dated 2-16-00, with two
hundred — three hundred and thirty parking spaces, which include nine handicap.
Mr. Alvarez: Thank you. I will be speaking then to that plan that's -- the first issue is the access
and egress issue, and we had brought some issues before in the Zoning Board about the fire and
safety access and the loading areas. The issue was that there are two buildings, the existing --
I'm sorry. The large hangar and the new building in the back that require loading areas because
there are over twenty-five thousand square tbet as required in the PR (Parks and Recreations)
Zoning Ordinance. Both of those require a loading area and both of them require a loading area
next to them, since there is a water feature in between those two sites. In this plan "A", after-
hours loading zone has been added to -- onto the service road just by text. However, there is still
no loading zone in the existing hangar and that is not compliant with what's required. The second
issue is that the loading zone that's on the north side, that is the one that was required because of
a new building being over twenty-five thousand square feet. It simply says -- what happened
here is that they marked the service road, which is twenty-three feet wide, after-hours loading
zone, There's no definition of what after-hours are. There's no covenant that would say what (lie
loading times are for that road. The important feature here is that that road has become a service
road for fire and satcty. You see, there's a building. in the back now that no», requires that road.
276 June 14, 2001
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If vac don't have some definition of what hours are in some way of defines when a vehicle can be
there, we would be blocking fire arid safety access. Part of that issue that occurred the last time
was that there was not sufficient turn -around space at the end. There was a cul-de-sac at the end,
and part of the City's Code is that you require a certain turning radius so that automobiles and
fire and safety vehicles and, if you are cypecting trucks for delivery, that they can all make a
turn -around. Basically, a T-turn-1y1)e tum around has been added subsequent to that, which has
sixty feet. The problem is is that it's still not sufficient because there are sonic other radiuses
going around the ports cochere that do not meet the radius requirement. So, basically, on the
first issue, the access and ingress, there were flaws in this plan. "The next part of this is the
parking. 7 he parking has a lot of issues and I'll try to go over them as orderly as 1 can. The first
-- and i guess I'll order them as -- there are four basic issues with --.just within the parking issue.
The. first one is that we have -- again, we have special exceptions. That is what brought us lter'e
tonight, and special exceptions ask you to look at these impacts and when it asks you to look at
parking, it says, "do these uses -- are these uses typical of what's normally in a Parks and
Recreation zone? If they're not, you should be looking at the parking requirements differently.
You should look at them perhaps the way the City looks at these same uses in a commercial
zone." In other words, that's the basic test of a special exception. 'That's why it's a special
permit. You have to look at them specially. What we've done is, we've said; let's just look at it
as a Parks arid Recreation and we're sort of stuffing a methodology into a place where it doesn't
really fit. So, what we're saying, by doing that, we're saying a restaurant or a tremendous amount
of retail is basically the sante as what we see in other Parks and Recreation areas. So, therefore,
we can use Parks and Recreation parking calculations, and we think that that's not a reasonable
assumption. Under the second issue, under parking, is that if we are to accept the parking -- the
PR requirements as they are, they require two things. They require an accurate building square
footage and they require an accurate employee count. The first part basically -- that PR
requirement is that you have one parking space per five hundred square feet of total building
area, and one parking space per employee any time. There's nothing mentioned about when tine
employee isn't there. On the first issue on the building square footage -- and we had problems
with sonic of the earlier plans -- we still have problems with them -- that the building square
footage is not accurately depicted in the plans. An example -would he the small hangar. The
small hangar on sheet, I believe it's A- 1. Excuse me. On sheet A -I of the plans that are before
you tonight says, the small hangar has a total square footage of seventeen thousand six hundred
and thirty-t6ur square feet on the ground floor. And this is -- I'm using only the ground floor
because this is something; we can he very sure ol: When we look at the dimensions on the
survey, which is also part of the package -- and I'm going to read these quickly. The dimensions
are a hundred and two point orte feet on the west side, a hundred and tvko point zero seven feet
on the east side, one hundred and eighty-one point trine feet on the north side of the building;, and
one hundred and eight -one point eight four feet on the south side. That multiplies out to a total
area of eighteen thousand five hundred and sixty-six square feet. .lust as an example, on the one
place where we could look because of the survey, we don't have a match between the square
footage of the buildings. In fact, the plan understates tine buildings square footage by nine
hundred and thirty-two square feet. It's not a lot, but it's typical of what lot of things that occur
Oil this plan, where there are inaccuracies and, little by little, they understate the parking
requirement. When we look at the employee counts, the employee counts have a fcw problems.
The first one -- and (II\AL'DIBLE) about this before -- is that for these type of uses, employee
counts are basically unenforceable. This is for the parking still. The employee counts depend
277 lune 14, 2001
solely on the report that's pall of the -- that's part of your package. I believe that's part of the
record called the Miles Moss Parking Study. The Miles Moss Parking Study determined there
were 85 employees on a regular basis; that there will be 88 under a special event. They said 14
for the boat yard; seven percent for administration; 15 for the fishing market, restaurant and
meeting room; 18 when there's a spLcial event; 39 for retail te,tants, and other administrative
staff, 10. The restaurant just -- just looking at the restaurant -- and I'm just going to pick a few
examples because, again, we think that these Figures are flawed. Just using the restaurant. The
restaurant has six thousand -- approximately six thousand five hundred square feet. That is the
equivalent of about two hundred and fourteen feet. And the equivalent I got by comparing in the
Institute of Transportation Engineers Traffic Generation, they do it -- they have variables by
number of seat and number of square footage, and you can compare and figure out what that
means in terms of seats. Bottom line is, for the restaurant. what they're saying, is that they would
have five servers, and those five servers would be there for approximately 42 seats apiece. 1
can't speak as an expert in running a restaurant, restaurant management, but that's about 10 or 11
tables per server, and I'll just leave that on the record because maybe somebody who is an expert
can go further with that. The retail is a little more definable. That study said that there would he
39 retail employees. We can make a very simple assumption and say that there needs to be at
least one employee per separate retail space. Here's what we have. We have six retail spaces in
the main hangar, 18 retail spaces in the small hangar, 16 retail stalls on the small hangar, one
retail area on the second floor of the small hangar. The new building has two separate shops that
are defined by walls. Then it has a large open area. Since it's serving food and there's no --
there's nothing shown on tale plan like cash registers for check-out, and it is food and fresh food.
we could assume that each display counter requires at least one attendant, at least for health turd
sanitary reasons. There are three horse show display -type counters. That's three employees.
New building has nine additional counters: another nine employees. The marina's convenient
store would need at least one. We have approximately two thousand nine hundred and seven -
eight square feet of outdoor pergolas. They have to be married by people too. Basically, it's
about 300 feet long of pergolas. We took an estimate and said that about 16 employees for that.
And the outdoor fish market is still on the pier and we estimated for that four hundred and thirty-
four linear feet. We'll .just say four. VVe come up with seventy-six retail cmployces, just putting
one in each separate retail space.
Commissioner Sanchez: So, you're still on the issue -- I'm sorry. You're still on...
Mr. Alvarez: And while -- I'm still on parking.
Commissioner Sanchez: Parking, right.
Mr. Alvarez: This is the Parks and Recreation. I'm sorry this is so long. It's a lot to explain.
I
Commissioner Sancho: No. Because I'm taking notes here.
Mr. Alvarez: OK. Thirty-nine employees compared to 76. We have a tremendous discrepancy
on the Parks and Recreation analysis provided by the Miles Moss Study. If we were to use the
retail analysis that I just went through, it would add to approximately 355 spaces that would be
needed and that would sort of not leave us anything for the restaurant anymore. The third issue -
278 ,lune 14, 2001
- and this is going to get a little more confusing. I apologize. Tile Miles Moss report was -- that
study was provided in response to the City requiring that we use -- tide applicant use the Parks
and kccrcaimn methodology that 1 just spoke to. What the report did is it gave us the number of
employees, it gave its the square footage, but then it went into an analysis in the second pant,
based on the Institute of Transportation and Enginecr's Par'
*tng Generations. Second edition.
The recommendation that it came out with of 344 spaces was lot based on Parks and Recreation
zoning, requirements. 'That recommendation that's before you and that's driving this whole thine
is based on their ITE (htstitute of Transportation Engineers) analysis, the Institute &
Transportation Fngineers analysis. When you look at the report, you'll see that 344 number
comes out of that analysis, not their first part of the report, where they did the PR, not of the
Parks and Recreation analysis, and that analysis had some problems. If they're using the Institute
of Transportation Engineers analysis, they did not account for dry slips at all. They did account
for the wet slips. File fish market was interpreted, which we have had an interpretation that it's a
raw bar. In that analysis, the second part of it, the Miles Moss study stated that would he it
supermarket. Well, it's either a restaurant or a supermarket. If it's a restaurant, the dif ercrice in
the parking that you need per square foot is about 465 percent difference. The parenthesis on
sheet A-1 -- this is the second part -- says that there's another 3.622 square feet of restaurant use
that was not looked at at all in the Miles Moss study. In other words, on this sheet it says here
that 25 percent of the commercial type uses would he restaurant that left this 3,622 square feet
that just fell out of that study. The meeting room and exhibition space in that study wits
evaluated as office space. There's a tremendous difference between banquet space and office
space in parking generation, and if we were to use the restaurant rate, they would have
understated it be -- or misunderstated it and it's a 570 percent difference on that meeting room.
Finally, that report used 22,1£7 square feet of retail for their retail parking analysis, but sheet A-
1, tite one I just spoke about, shows that that retail is actually 75 percent of 47,034, which is
35,276. 1 hope you're taking notes. A difference of 59 percent that has been understated by --
so, all throughout that analysis, understated the parking requirement and they got to their 344
number of parking requirements. We did an analysis -- I did an analysis that I actually used the
Parks and Recreation for all of the uses that are grandfathered in and for the special exceptions, I
used the ITL type analysis that Miles Moss used, and canie up with a final answer of their being
required is actually 410 spaces, if we were to satisfy Parks and Recreation and for the special
exceptions used the Institute Of Transportation Engineers as Miles Moss did. Anti, again, I didn't
do the percentage there, but 344 spaces, they said. We're saying it's 41U, if we actually use that
methodology. Finally, question — issue four related to the parking is how is the parking
requirement met? And this is where the two parking plans that you have -- and I tried to clarify
it. The one you have now, says 330 spaces. There were originally, 1 think, 340 something. Some
of -- there were some issues and sonic of those were resolved. There are still some issues that
are outstanding on this site plan. The southeast parking lot there -- where it says new parking,
that parking lot into what is part of the City Charter amendment that says we would have 50-1oot
setback from the waterfront. There are approximately five spaces that are going into that 50 feet.
Commissioner Sanchez: And we're still in parking:'
Mr. Alvarez: Pardon mil
Commissioner Sanchez: We're still in parking?
279 June 14, 2001
Mr. Alvarez: I'm sorry?
Commissioner Sanchez: W'e're still discussing the parking issue?
Mr. Alvarez: This is all still parking. I just covered the parking -- the analysis they had for the
parking -- what we call Parking Generation, that's how many spaces you need. Now. I'm saying
here's how the spaces were provided as on the site plan and those are flawed. Also on the south
side there are 11 spaces that back out into Chart House (INAUDIBLE), which, although not a
public right-of-way, provides more -- provides access to more than one occupant. The City's
Codc, Section 917. 1.1 prohibits that you back out on to any road. It says public right-uf way or
any road. And, so. these 11 spaces are also not to City Code -- codes. There are two spaces also
that hack out into a diagonal part of that Chart House that perimeter road or Chart House road
that also have the same problem. "They're also in the same plan. Finally, on the north -- or 1
should say the northeast side, the side that abuts Virrick Gym, there has been a continuing issue
about how we have 90 -degree parking on that service road. That's the service road on the
approximately north side of the small hangar, the one that has the loading zone in the middle of it
and so forth. There are, according to the -- there is a total of forty-two point three feet, linear
feet from the boundary to the building. You're required to have 1S feet for a parking stall; 23
feet for an aisle. We had been discussing the City's requirement that there be a landscape buffer
there of three feet, and that there is also a three-foot clear zone, OK, that's been the zone -- in
other words, you can't — generally, yuu don't have a parking lane going right tip against the
building. You have some amount of clear areas so that if somebody misses a little bit, they don't
drive into the building. That requires 47 feet total, and it just doesn't fit. The problem was
solved, to some extent, on this plan. However, the way it was solved, %ve don't think it's
consistent with what the intent of-- certainly, the intent of Parks and Recreation zoning is. It
was solved by removing the landscape buffer entirely sand replacing it with a cement block wall,
a five -feet high -- so, now what we have is. we have a wall in the middle of or Parks and
Recreation arca. And the wall actually would have, say, a depth of a foot, and that actually hasn't
been accounted for. If we still have -- and they also removed the doors from the north side of the
hangar. So, now they're required to only have 20 inches of clear zone. Basically, it still doesn't
fit. It requires 43 feet, eight inches, in what amounts to 42 feet. Let's get some of the other
things. The last item -- and 1 have as my last note here, just a simple four letters that says MUSP
and this is the last piece of this. MUSP (Major Use Special Permit) Major Use Special Permit.
The back...
Commissioner Sancho: Wait, wait, wait
Mr. Alvarez: The hack ...
Mr. Gibbs: MUSP instead of MUSP.
Mr. Alvarez: I'm sorry. MUSP, which is Major Use Special Permit. The back building -- ir.
other words, the new building is a large structure, and it says under the Parks and Recreation
Zoning Ordinance, Section 401, under conditional principal uses -- and there's three paragraphs
there that deals with our special exceptions. There's one paragraph that says something different.
280 June 14, 2001
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It says major structures such as -- OK, this is just the major structures, such as performing arts
centers, museunfs, art galleries, and exhibition space, which change the character of an existing
park, City of Mianfi administrative offices, including authorities and agencies thereof, and/or
conference facilities in excess of three thousand square feet in that floor area or in excess of tcn
percent of the net area of the park and other activities, which further municipal purposes as
determined by the City Commission. .All after making findings that the intent of the district is
adhered to only by Major Use Special Permit -- it's a very confusing sentence. There's a lot of
such as", but what it really is saying is major structures that change the character of the existing
park over three thousand square feet or in excess often percent oft he net area of the park. That's
an "or". Or require a Major Usc Special Permit. We've had no application for Maior Use
Special Permit. And if we go hackwaids through everything. I've said, the Major Use Special
Permit would have triggered .+ muck: more intense level of anal%sis, which hasn't happened.
We're trying to basically sneak -- I'm sorry. Nk'c're trying to permit a number of uses in the hack
building through special exceptions, but we're itpioring that a maior structure has been added to
the site, and that major structure in a PR zoning district requires a Major Use Special Permit.
That's it. OK. Anything else? Thank: you.
Mr. Gibbs: 1 have a question I'd like to direct to the City Attorney's Office. Are City staff
discussions with sitting members of tife City Commission during a City Commission meeting
required to be on the public record!
Mr. Maxwell: I take it Mr. Gibbs is making reference to the ,kennings Law, which says that in
quasi-judicial proceedings, all discussions must be on the record. There should be no ex parte
communications. However, the courts have not looked at whether or not or have not conte down
clearly on the status of staff in the Jennings situation. That is, when staff makes
recommendations to the decision -makers prior to the public hearing, whether or not you have to
be there. So, we have taken a position in our office, Commissioners, that staff may present
evidence or present information to the Commissioners, and certainly may answer questions
outside of the public hearing, but they may not advocate, even during these proceedings. It is
asked a question off the record. We believe the staff could respond to that question, but they
certainly should not be advocating -- should not advocate a position, particularly in a situation
like this one, where we are the -- the City is the advocate. So, the answer is, yes, staff can talk to
the Commissioners off the record, as long as they're asking -- they're answering questions.
Vice Chairman Gori: Thank vou.
Mr. Gibhs� My question -- OK. I'm going to place on the record, for appeal purposes, my
objection to staff meeting with Commissioners off the record, at public hearings, when there's an
opportunity for those issues to be presented at the public hearing, especially when 1 have no
knowledge that any of those discussions may regard the issue at hand, and I have no opportunity (/
to know what is being said or advocated or not advocated. Having said that, I'd like to also ask
and you all to take notice of the issue that there are four special exceptions here tonight, not one.
You're being asked to vote on four special exceptions. You've been given a report from your
Planning Department's staff, which consist of three blanket statements that the project would
benefit Grove Ilarbour and the surrounding area by allowing, public access to the waters; that
there -- that tl►e special exceptions are all within the scope of the projects and all the criteria had
281 June 14, 2001
110089M
been met. Those blanket statements do not (INAUDIBLE) to the level of a finding and my
concern is, is that when you have in Section 1305, one, two, three, four, five, six, seven, eight
standards, which have not been addressed at all, which have been said they just meet the
standards, there's no evidence that they've met the standards, there no discussion of it. l would
also say that that is an error and that is pro')lematic on this application. We urge you to reject the
application as the application fails to meet these standards within the Code, as been presented by
Mr. Alvarez. Thant: you very much.
Vice Chairman Gort: Thank you.
Commissioner Sanchez: Mr. Chairman, 1 have some questions for the --
Mr. Maxwell: Before -- Commissioner, as you know, it's quasi-judicial. I would suggest to ,you
that ,you may want to ask Ms. Dougherty if she would like to cross-examine the opponent.
Vice Chairman Gort: Before we go into that, Commissioner Sanchez had some questions.
Commissioner Sanchez.
Commissioner Sanchez: Well, l have some questions for the staff. Just to clarify some of the
statements that Mr. Alvarez made or sonic of the issues that he brought forth. One of them is the
flaws in the project. Docs the building meet all the requirements, Planning and Zoning?
Lourdes Slazyk (Assistant Director, Planning and Zoning): Yes, it docs, and that's what the six
conditions that 1 read at the very beginning address. The -- you know, once those green areas in
the wall and all of those things were amended to meet the Code, -- that's why the parking count
was reduced from 344 to 330. The -- I'm sorry. I lost my train of thought. The parking that was
eliminated and replaced with landscaping, the parking spaces that were eliminated from the 50 -
foot Charter requirement all of those things were addressed, via these six conditions.
Commissioner Sanchez: So, it docs meet the requirements on that?
Ms. Slazyk: Yes. Yes.
Commissioner Suuchez: OK. Parking ...
Ms. Slazyk: Zoning reviewed it and that -- this was their comment and it meets the
requirements.
Commissioner Sanchez: On the parking issue, does it meet the parking requirements? He also
stipulated to -- 1 mean, talked -- referenced a lot of parking issues that he put forth.
1
Ms. Slazyk: Yes, it does. What...
Commissioner Sanchez: Does it meet the parking requirement?
282 June 14, 2001
Ms. Slazyk: I'll have Juan Gonzalezz answer that, but the parking requirements in PK talk to one
per five hundred square feet and then one per employee, and the applicants submitted a
professionally prepared report that addressed that, using accepted standards in the industry, and it
was accepted by the department. And
Mr. Maxwell: Before you sit down, Ms. Slazyk, can you please identify yourself for the record
and your position, please, again?
Ms. Slazyk: Yes. Lourdes Slazyk, Assistant Director, Department Planning and 'Zoning, City of
Miami.
Commissioner Sanchez: And another question. And i just have three questions. The other one
was on the -- the 50 -foot setback, docs it meet the requirement for the setback? There was also a
question of...
Juan Gonzalez (Chief Zoning Inspector, Planning and Zoning): Yes.
Commissioner Sanchez: A question of the 50 feet setback.
Mr. Gonzalez: Yes. Juan Gonzalez, Planning and Zoning. Yes, it does. The modified it on the
eastern side to meet the 50-t'oot for mall surface parking. The southeast parking lot that he's
talking to refers to the already -approved Dinner Key Boatyard, and that parking has already been
done in a separate contract, and that parking is -- will be paved and existing.
Commissioner Sanche7.: And one more on the MUSP, Does the project change the character of
the area in any way or is it perceived to be out of scope'?
Ms. Slazyk: No, it is not out of scale or character with the intent of this PR district. 'therefore, it
does not require a Major Use Special Pennit. The section of the Code that was read was read as
one long run-on sentence. What needs a Maior Use Special Permit, if it's over three thousand
square feet, is administrative offices for government, not this type of facility here. This one here
would only be it' it were the other things that were read into the record, the Performing Arts
Center, and the rest of the -- what was read into the record. I don't have it in front of me.
Commissioner Sanchez. Thank you. That's it.
Ms. Slazyk: There was
Vice Chainnan Gori: Question? j
Mr. Gonzalez: For the record, the Assistant City Attorney is asking me my position is Acting
Zoning Administrator for the City. Juan Gonzalez.
Vice Chairman Gort: Ms. Slazyk, let me ask you a question. How many different boards does
this application has gone through that's received approval?
283 June 14, 2001
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Ms. Slazyk: It went to the Historic And Environmental Preservation Board; it went to (lie
Zoning Board. I don't -- it went to the Urban Development Review Board, Waterfront Board.
Those are the ones that I'm ...
Vice Chairman Gort: And they all moved for approval?
Ms. Slazyk: Yes. Yes. And there was one other comment that was made regarding the ingress
and egress. Mr. Alvarez started to speak to the ingress and egress issues and, in the end, if you
listen to everything lie said, he said they -- you know, they did meet it, except for at a porte
cochere area and the ingress and egress doesn't have to be able to go through a portc cochere, and
in addition to that, when building permits are obtained, Fire will be doing a full review and
making sure that whatever adjustments they need for fire access will be made at that time. But it
has been deemed to comply with ingress and egress. And as for backing into roads, this is not --
and he put it into the record, this is not a platted right-of-way. It's not a road. It's considered a
driveway, and ,you arc allowed to back into driveways, just like in any shopping center. The
driveway is what connects the -- you know, that's where you back in and out of your spaces. So,
this was reviewed under the exact same premise as a driveway. it is not a platted road or it
platted right-of-way by any means through the property.
Vice Chainnan Gort: Thank you. Any other questions of staff? Any other board members? OK.
Do you have any questions, presentation, additions or deletions or cross-examination?
Ms. Dougherty: I don't think I could say anything better than the planning staff did. 1 just want
to put one thing on the record because t really didn't follow this whole issue -- this whole
presentation about the parking, but one thing I did catch is he called our first floor a raw bar. It's
not a raw bar. it is a fish market. And because it's a raw bar, lie thinks we ought to have the
parking for a restaurant. In tact, our ITE analysis did it as a supermarket, which is much less --
much more parking spaces to be required for a supermarket than a raw bar. So. I just want to put
that on the record.
Vice Chairman Gort: Okcy dokc. Thank you. I'll close the public records and Commissioners.
Oh, wait a minute. OK. Wait. Wait it minute. Public participation. Go right ahead, ma'am.
Joyce Nelson: Joyce Nelson, 25 35 Inagua Avenue. I spoke earlier but that was a different
issue. Now we're on the special exception. Granting the special exception or not, and I have to
say that the special exception is totally out of the realm of what the intent or what the proposers
agreed to build. Yesterday I gave you a package with my letter, saying wanting Miami to be a
world class City requires we demand world-class development. 1 believe one of the
Commissioners said that. i think it was Johnny. And in making; -- in the spirit of making Miami
a livable City, we need to demand that these developers and our City staff follow the rules, and I
believe that this has been violated heavily. The fact that they think a restaurant is a compatible
use in a parks and recreation area is beyond tile. 1 would like to see a park with a full-blown
liquor restaurant in it. When do we have that? Where'? Name one, a park with a full-blown
liquor restaurant in it. Where is that?
Commissioner Winton: Well, for your information --
284 June 14, 2001
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: There were some conditions put forth at the beginning, Lucia; I believe
that you had some conditions. Can you state those for the record? And, also, the Cit; had some
conditions. i also would like the City to state them for the record.
Mr. Maxwell: Those were conditions, Commissioner, that the applicant was volunteering, 1
believe.
Commissioner Sanchez: Yes, yes, correct.
Vice Chairman Gort: There were six -- six conditions.
Ms. Slazyk: There were six conditions by staff
Vice Chairman Gori: That was stated by the staff.
Ms. Slazyk: By the staff. Let me read them into the record.
Commissioner Sanchez: But the applicant also had some conditions.
Ms. Slazyk: Six conditions by the -- by staff. Number one, total number of provided parking
spaces; reduced from 344 to 330 parking spaces. Number two; a five-foot CBS wall is to placed
on the easterly }property line in lieu of the three-foot green area. Number three, the most westerly
parking row shall be eliminated and replaced with landscaping. Number four, southeasterly
parking to be reduced to comply with the 50 -foot Charter setback requirement. Number five,
total square footage shall be amended from 109,877 square feet to 114,877 square feet to
accurately reflect total square footage of buildings. Number six; landscape island shall be
increased to five feet of green area to comply with the requirements of the guides and standards
unless modified by Class 11 Special Permit. And we would agree with the condition regarding the
limitation of live music as stated by the applicant, She may want to read the whole -- the full
language into the record. I don't have it.
Ms. Dougherty: And, also, Lourdes, you may want to also -- the wall, we may request a change
of the wall to a hedge. And I think ...
Ms. Slazyk: If there were any changes, once a Commission approves it, if there arc any
modifications to a special exception, there is a process there. There are substantial and non -
substantial amendments, and it would have to go through the process. I can't say what those
would he right now without the full review because I don't know how much of the wall they
would want to change from wall to hedge or what the thickness or height. But there is a process
for modification and the modifications would go through that.
Ms, Dougherty: OK. The condition that we have agreed to proffer for the record, for the Grove
Hill Towers is except for December 31, July 4`h, the days comprising the Coconut Grove Arts
286 June 14, 2001
Festival and Taste of the Grove and six other days per year, selected by Grove Harbour Marina.
four special promotions, no live music can he played outside on the subject property covered by
the lease, including the marina, and, at all times, any music produced or reproduced by any
method, including but not limited to live, electronic, mechanical means, produced or reproduced
inside of any building, stnrctures or anvwherc else on the subject property, may not be
reproduced or amplified outside any buildings or structures oil the subject property, except as
soft background music, which can only be reasonably heard by those people using the bay walk
or veranda.
Vice Chairman Gort: OK. Commissioner Winton.
Commissioner Winton: Mr. Chairman. I would move to accept the staffs recommendation for
approval of the special exception, with a number of conditions. The six conditions that were
read into the record previously by Lourdes Slazyk, the exception that was written -- read into the
record regarding the music issue, and the following conditions: No gambling boats shall be
permitted on this site; the new building will be limited to three stories, the restaurant will operate
on the ground floor only; live entertainment allowed indoor only if all doors and windows are
closed; the new building veranda is the only area in which outdoor food service is permitted; the
area for outdoor seating, and I want to describe that appropriately -- but there's an area outside
the veranda -- I don't know how many square feet that area is, but I would like a definition of that
area to read into the record so that outdoor seating would be limited to that area and that area
only, whatever that's described as, and ,you need to bring that forward. There will be no banquet
or catering facilities; bike racks will be placed on the site; lessee will not lease parking lot during
the Coconut Grove Arts Festival, and -- I forget because I lost my place here. Did I read that
there will be no banquet or catering facilities?
Ms. Slazyk: Yes, sir.
Commissioner Winton: OK. So, with those conditions, I would move that we accept the staff's
recommendation for approval of this special exception.
Mr. Maxwell: Mr. Chairman, before a second, may I ask the Commissioner? Just for
clarification purposes, I think two of your conditions may be inconsistent. The one that dealt
with no music being heard outside and the one that you accepted from Ms. Dougherty, 1 think,
are inconsistent. So, if you could look at those two, you decide which one you want to have or
you clarify them.
Ms. Slazyk: Yeah. I believe what Lucia read in the record was that there are certain exceptions
to the limitations on music and...
Commissioner Winton: Right. And that's what I meant. So ...
Ms. Slazyk: With those exceptions.
Commissioner Winton: With those exceptions.
287 June 14, 2001
Mr. Maxwell: So. you'll strike that one (INAUDIBLE).
Commissioner Winton: So, I'll strike that one and the exceptions we already read into the
record.
Ms. Dougherty: Could you just go over them one more time, Commissioner?
Commissioner Winton: Sure. The six recommendations that came from staff, which have been
read into the record. The exception regarding live music, which was read into the record.
Ms. Dougherty: It wasn't just live music. It was all music.
Commissioner Winton: Right, right. The whole music issue, which -- and I won't read it in the
paragraph, but it comes from this -- directly from this memo.
Ms. Dougherty: COITCet. Right.
C'ommissioncr Winton: No gambling boats shall be permitted on this site; the new building will
be limited to three stories in height; the restaurant will operate on the ground floor only; the new
building veranda is the only area in which outdoor food service will be permitted; there will be
no banquet or catering facilities; bike racks will be placed on the site; lessee will not lease
parking lot during the Coconut Grove Ails Festival; any outdoor seating area will be limited to
an area outside the veranda -- that 1 still need you to describe for me so that I understand it and
we can put it on the record clearly.
Ms. Bianchino: Commissioner, Lourdes can do that for you now.
Commissioner Winton: Thank you. That would be great.
Ms. Slazvk: In the site plan submitted, the area right outside the veranda is the area from the
veranda heading in a northeasterly direction, toward the water distance is approximately 45 feet -
- 45 to 50 feet linear frontage on the water, northeast of the building.
Commissioner Winton: And those are the conditions.
Vice Chairman Gort: It's been moved and second.
Commissioner Sanchez: Mr. Chair -- second.
Vice Chairman Gori: Any further discussion? Commissioner Teele.
Commissioner Teelc: Commissioner, is there any way we could just take, like a three minute --
15-minute break and write this stuff up, type it up, so we know what we're doing here? 1 mean,
I'm -- I don't mean to he a stickler, but l must tell you...
Commissioner Winton: Oh, I don't mind.
288 June 14, 2001
0
Vice Chairman Gort: To do the restaurant on the second floor.
Commissioner Winton: Right.
Mr. Gibbs: We wanted one floor, but that's three floors -- that's four floors.
Ms. Dougherty: That would be fine.
Vice Chairman Gort: You need to eliminate that one condition.
Commissioner Winton: Which one? 1 think we got it cleared.
Ms. Slazyk: l -- if it were -- if you could accomplish what you want by setting a maximum
height limit, and then tet them work their volume so they won't...
Commissioner Winton: Let them work out the details.
Vice Chairman Gort: Right.
Commissioner Winton: And that's tine. We want to get this typed up real quick.
290 June 14, 2001
0 0
49. FIRST READING ORDINANCE: .AMEND ORDINANCE 10544, CITY'S
COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING LAND USE
DESIGNATION FOR PROPERTY LOCATED AT 501 NORTHWEST 30th STREET FROM
"RECREATION" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL".
(APPLICANT(S): CITY OF MIAMI PLANNING AND ZOND4G DEPARTMENT).
Vice Chairman Gort: OK. We go into PZ -3. Lourdes, PZ -3. Hello, PZ -3.
Commissioner Sanchez: I don't think there's anybody in opposition here for this.
Lourdes Slazyk (Assistant Director, Planning K Zoning): PZ -3 is the land use change that was
continued in order for us to look up what the history of this particular property was.
Commissioner Winton: And I objected to that, and the question has been answered, and move to
approve.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second. Is there anyone in the public would like to
address this item number 3, which is located at 501 Northwest 30th Street. Is anyone in the
public would like to address this? Being none, close the public hearing. There's a motion and a
second. Any discussion? Being none, all in favor state it by saying "aye."
The Commission (Collectively): Ayc.
Vice Chairman Crort: Thank you.
Commissioner Sanchez: It's an ordinance.
Walter Foeman (City Clerk): It's an ordinance.
Commissioner Sanche7.: It's an ordinance.
Vice Chairman Gort: It's an ordinance. Read it. Roll call.
291 June 14, 2001
Reim
S SECOND READING ORDINANCE: AMEND SECTION 62-123 (C) OF CITY CODE
ENTITLED "ZONING AND PLANNING/APPOINTMENT OF MEMBERS AND
ALTERNATE MEMBERS OF PLANNING ADVISORY BOARD AND ZONING BOARD",
"Procedure FOR APPOINTMENT", TO PROVIDE FOR�TNTMENT OF
INCUMBENT MEMBERS, INCLUDING ALTERNATES OF. P G ADVISORY
BOARD AND ZONING BOARD WITHOUT PUBLIC NOTICEIAPPLICATION PROCESS.
(APPLICANT (S): CITY OF MIAMI PLANNING AND ZONING DEPARTMENT).
Vice Chairman Gort: PZ -4, second reading.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -4, second reading, amendment to
chapter 62, regarding the incumbent board members. To be able to appoint without
reapplication.
Commissioner Sanchez: Johnny, you move, I'll second.
Commissioner Winton: So moved.
Commissioner Sanchez: Second.
Vice Chairman Gort: OK. Being no discussion. read it.
Alejandro Vilarello (City Attorney): Public hearing.
Vice Chairman Gort: Roll call.
293
zaMM
June 14, 2001
i
6
An Ordinance Entitled --
•
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62
ARTICLE S OF THE CODE 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; 'r0 PROVIDE FOR REAPPOINTMENT OF INCUMBENT MEMBERS
INCLUDING ALTERNATES OF THE PLANNING ADVISORY BOARD AND
ZONING BOARD WITHOUT FI:LFILLING THE PUBLIC. NOTICE AND
APPLICATION REQUIREMENTS OF 62-123 AND A AND B, MORE
PARTICULARLY BY AMENDING SECTION 62-123, SUB PART "C" OF THE
CODE, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of May 24, 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: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAY: None.
ABSENT: Commissioner Tomas Regalado
SAID ORDINANCE WAS DESIGNATED ORDNANCE NO. 12080
The Ordinance was read by title into the public record by the City Attorney.
294 June 14, 2001
5r 1. ACCEPT REPORT SUBMITTED BY VIRGINIA KEY TRUST.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-5 was continued. so that's it.
Vice Chairman Gort: Right. OK. That took care of the non-agenda. Let me ask a question. I
need later on to put on the record, item 34 from the regular agenda, so, as soon as we finish this,
1'd just like to -- the Virginia Beach -- Key Beach Park Trust has some recommendations and I
would like for that to be read in the record later on. OK. We're going to recess the Planning and
Zoning and we're going to go back to the regular agenda.
Note for the Record: At this 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.
Vice Chairman Gort: Can you have somebody on staff -- did you receive the -- you want to read
it, Albert, since vou're here? This is item 34. It's a report by the Virginia Beach Park Trust.
Mr. Albert Ruder (Director, Parks & Recreation): Yeah. Albert Ruder, Parks Director. Gene
Tinnie was here, but he had to leave and he dropped this off. Basically, we met with him and for
this summer, between the events that we have attracted ourselves as the Parks Department and
sonic of the events that he's attracted -- we're going to have some activities there this summer.
However, we decided that we're going to concentrate this summer on getting those buildings,
you know, in shape for next year, and because there's a lot of other work going on and the Task
Force is in agreement with us, and we're just going to work together to have a few events and
also to start fixes the buildings. 1 mean, that's ...
Vice Chairman Gort: 'f hank you. You all have a copy of the -- their recommendations, the
reason why that's --
Commissioner Teele: Mr. Chairman, 1 would move it.
Vice Chairman Gort: It's been moved --
Commissioner Winton: Second.
Vice Chairman Gort: To accept the record and second. Is there any further discussion? Being
none, all in favor state it by saying "aye."
The Commission (Collectively): Aye.
295 June 14, 2001
•
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 01-6f10
A MOTION ACCEPTING REPORT SUBMITTED BY THE VIRGINIA KEY
TRUST.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur F. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado.
Commissioner Teele: Mr. Chairman, on the Virginia Key, Mr. Attorney, let me just say this. I
don't know how we get ourselves in these boxes. I'm still waiting on the Police Department to
come in with a report on the PAL (Police Athletic League) and the PAL Board Of Directors and,
you know, I really do have some concerns about -- what was that thing? What's that community
board? "Do The Right Thing." And I'm waiting very patiently on the City management and
Police Department to come in with a report on the PAI. Board of Directors, and I don't want to
get into that. But on the Virginia Key Park Trust, I strongly object to the opinion that the intent
of the Commission was to establish a trust that has its own batik accounts. Now, I would like
to ...
Commissioner Winton: Would you repeat that? I'm sorry. I wasn't concentrating. Sorry.
Commissioner Teele: I said I strongly dissent that it was my intent, when I moved the ordinance,
to establish independent bank accounts from the City for the Trust. Now -- for the Virginia Key
Trust. 1 realize that the Bayfront Trust has its own bank account. I realize that the CRA
(Community Redevelopment Agency) does not have its own bank account and will never have
its own hank account, as long as I'm there. I think asking -- I realize that "Do The Right Thing"
had its own bank account. And 1 know that the Bayfront Trust bank account issues were all
seized and all of that. I think it's important to have transparency --
Commissioner Sanchez: Bayfront Park.
Commissioner Teele: I think it's important to have transparency. It was never my intent to
establish a trust that is moving to this degree of autonomy, at least with Bayfront Trust you have
a City Commissioner chairing it. And you know where this thing is going. I would propose, Mr.
Attorney, as a compromise, that the Bayfront -- that the Bayfront Trust be authorized to establish
a bank account, in conjunction with the Dade Community Foundation, and that such bank
296 June 14, 2001
account shall be the only bank account established or authorized to he established outside of the
City of Miami financial system. That would be my motion, il' 1 could get a second for purposes
of discussion?
Commissioner Winton: Second.
Commissioner Teele: Mr. Attorney, I know that Nye have not really discussed this as one of the
items. 1 apologize. I missed two meetings with you. But Mr. Tinnie indicated that you all were
slow to respond and then, finally, there was a response from someone that said, "Well, the
Commission didn't prevent you from opening your own bank account " I really believe, given
the experience with "Do The Right 'Tiring" and given the experience -- the near missed
experience with the: Bayfront Trust -- and I'm not casting any aspersions on anybody that we
should air on the side of caution. The motion that I'm presenting says they can have any account
they want to, under the Manager's auspices, it doesn't prohibit that, and if they want to, they can
go to the Dade Community Foundation, which is set up to establish and hold and manage
moneys pursuant to written agreements that they would have to conform, but at least 1 would
have the confidence of knowing that if they do the Dade Community Foundation, there is a
system, a record keeping. a transparency, that can be reviewed and that can he audited. And, so,
it's not my intent to ti•ustrate them or to tell them they can't have a hank account, but what 1 do
think, if they have one, it's Vol to be subject to certain limitations and 1 think the Dade
Community Foundation, assuming they would agree to it, is a convenient middle ground to solve
this problem. But I'm telling you, I Nvould hope that all grants from the federal government and
grants from state government would be deposited in a City account, and -- I'm not conditioning
that yet, but 1'd ask the Manager to take that under advisement, because i don't want to dilute or
frustrate the enthusiasm that we have with people who really want to do -- 1 don't want to say
"the right thing, "but really want to, you know, have a little independence, and I respect that. But
I think we've had a history here that we .lust cannot, you know, close our eyes to. And, again, 1
think something needs to be reported to Its on the eo�nposition of the PAL board and the
financial and fiduciary relationships on the PAL board, but that's not the subject of my motion,
and 1 would yield to anyone who would like to ask -- and 1, particularly, Mr. Attorney, would
like to know, have you all opined that they can open their own bank account''
Mr. Vilarello: We haven't come to a conclusion on exactly how to create that. however, the
initial premise that we've advised that they cannot use the City accounts is incorrect. We've
never conic to that conclusion.
Commissioner Teele: OK. But -- so you -- do you take any offense to this resolution that
authorizes them, in addition to using the City books, which i really encourage -- that authorizes
them to operate or seek a cooperative relationship with the Dade Community Foundation for the
purpose of having separate bank accounts''
Mr. Vilarello: I don't know.
Commissioner Teele: Well, I'd like to pass this, subject to it. if you want us to rescind it, we'll
rescind it in the next meeting. But I want to send a signal that we are not trying to tell them what
to do and if they want to go out and raise -- you know, have bake sales and barbecues and all
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that, they can do that and deposit it in an account, but 1 just think that -- we're setting it up.
They're operating under us. We've got to have some degree of financial control because at the
end of the day, it's going to be the City of Miami's trust that we have to look into. Thank ,you.
Commissioner Sanchez: Johnny, I just -- few questions. They would fall under the same City
code that the Bavfront Park Trust falls under basically, right? Procurement -- if they did, they
would have to comply with City -- is it Procurement?
Commissioner Tecle: I don't know.
Commissioner Sanchez: I mean, these are things that need to be addressed. 1 mean, we're
talking about opening up a bank account, which 1 agree with.
Mr. Vilarello: The Virginia Key Trust is created in the same nature as the Bayfront Park Trust.
Commissioner Sanchez: As the Bayfront Park. So, they would basically have to go through the
procurement process that we follow -- OK.
Commissioner Winton: Except with one significant difference that Commissioner Teele pointed
out, and that is that there is no City Commissioner that's mandated to be the Chairman of that
trust.
Commissioner Sanchez: And maybe that's something that needs to be looked into.
Commissioner Winton: So, it's a totally independent and almost autonomous authority here that
we're just kind of turning loose and ...
Commissioner'l Bele: Well, I'm not going to interfere with your district, Commissioner.
Commissioner Winton: Well, I don't consider it my -- I don't consider this issue my district, so
Commissioner Teele: I'm only -- Johnny, it's late.
Commissioner Winton: I know.
Commissioner'Ieele: Lighten up,
Commissioner Winton: I think that -- this is the first time 1 thought about this issue. I don't
recall us discussing bank accounts before. But I am probably even more nervous than you are,
Commissioner Tccle. 1 think it's not good public policy -- and I don't want to thwart them
anymore than you do. I want to release them to just continue to drive like they've been driving
and make lots of neat things happen. But, at the end of the day, the egg is all over us because
we're the policymakers and maybe it won't be us, and it likely won't be us. It's going to be our
successors because it's going to be their successors that ultimately have potential to mess the
thing up. These are public dollars and I think those public dollars ought to be controlled by the
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City of Miami. Now, if the Virginia Key Park Trust wants to raise independent dollars that it
controls, it can set up its own foundation. It can set up a separate entity that can raise money
through bake sales, some other method that's not public dollars, and they can donate those dollars
to --just like people can donate dollars to Parks.
Commissioner Teele: Johnny, I respectfully dissent.
Commissioner Winton: And they have that ...
Commissioner Teele: And I'm going to tell you. The "Do The Right Thing" money was not
public dollars. A lot of that money was private donations. Some of it was public, but some --
was most of it?
Commissioner Winton: Most of it was public.
Vice Chairman Gort: Ninety percent (INAUDIBLE).
Commissioner Winton: Yeah.
Commissioner Teele: I thought corporations were donating that.
Commissioner Winton: Very little.
Vice Chairman Gort: Ninety percent.
Carlos Gimenez (City Manager). Supposedly that money (INAUDIBLE).
Commissioner Tecle: Law Enforcement Trust?
Commissioner Winton: Right. And, so most of this money...
Commissioner Teele: See, I'm even more nervous about it. I don't have a problem with them
going out and having bake sales and all that.
Commissioner Winton: Me neither.
Commissioner Teele: But, still, I think, once they do it in the name of the Virginia Key Trust, it's
public money. It's public money. /
Commissioner Winton: Well, I'm ... �
Commissioner Teele: If they go out and they hold -- by the way, I heard the trainer was having a
jet ski thing. Is that a part of this? Are you all having a Jet Ski Summer Splash at Virginia Key?
1 saw a sign.
299 June 14, 2001
Mr. Ruder: There's a summer splash, I think, that they have booked, but I don't -- I do not
remember the jet ski component being part of it.
Commissioner Tccle: Docs anybody know -- is Trina out there on those jcl skis? Because if she
is, I demand the right to go inspect what's going on. She's a wonderful p&gbn and I'd love to see
her on a jet ski.
Commissioner Winton: But I'm nervous about just turning this thing loose, even if it's going
throughthe—
CommissionerTeele: You know who 'Trina is?
Commissioner Winton: Yeah. Through (INAUDIBLE) check organization.
Commissioner Teele: Yeah.
Commissioner Winton: I mean, I think that this -- the checking account business ought to be --
absolutely ought to go through the City of Miami. And if they have problems betting the funds,
they need to do the things they need because we can't seem to get it right, then it's our job to
make sure we get that piece of it right.
Commissioner Teele: Well, let me withdraw the motion then and ask that the Manager and the
Attorney meet on this and cone in with some recommendations because Commissioner Winton
and I are very similar on this, but I really do think, if they go out and they have a bake sale in --
at 10 churches and they sale pies and barbecue and whatever and fish the way -- the old way
people used to do for this, which we should encourage, they should not have to deposit that
money in the City of Miami account.
Commissioner Winton: I agree.
Commissioner Teele: And what I'm saying is -- but deposit it in an account that has a fiduciary -
- that is a part of a -- you know, the Dade Foundation is pursuant to state law.
Commissioner Winton: It is a perfect vehicle for that. Right.
Commissioner Tecle: It's a perfect vehicle.
Commissioner Winton: Perfect vehicle for that kind of outside fundraising.
Commissioner Tcele: Yeah.
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RECEIPT
DATE: December 2, 2002
E
SUBJECT: Minutes for the June 14, 2001 City Commission Meeting.
MAYOR DIAZ
VICE CHAIRMAN WINTON
COMMISSIONER. GONZALEZ
COMMISSIONER SANCHEZ
CHAIRMAN REGALADO
COMMISSIONER TEELE
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