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CC 2001-07-26 Minutes
CITY OF MIAMI oi- jr 0 I� OF - Co CITY COMMISSION MEETING MINUTES OF MEETING HELD ON JULY 26, 2001 PREPARED HY TH1 OI�I''TCI? OF Tl IE CITY CLERK/CI,rY HALL Walter J. loentan/Clly Clerk r MINUTPS OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 26'h day of July 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 9:17 a.m. by Vice Chairman Wifredo Gort, with the following members of the Commission found to he present: Commissioner Wifredo Gort (District 1) Commissioner Johnny L. Winton (District 2) Commissioner Tomas Regalado (District 4) ALSO PRhSEN7': Carlos Gimenez, City Munager Alejandro Vilarello, City Attorney Walter J. Foeman, City Clerk Sylvia Scheider, Assistant City Clerk , ABSENT: Commissioner Joe Sanchez (District 3) Commissioner Arthur H. Tecle, Jr. (District S) 1 July 26, 2001 An invocation was delivered by Commissioner Regalado, after which Commissioner (Vinton led those present is a pledge of allegiance to theflag. I. (A) DEFER, TABLE AND WITHDRAW CERTAIN AGENDA ITEMS. T (13) APPROVE CONSENT AGENDA. (C) RECONSIDER VOTE PREVIOUSLY TAKEN WHICH APPROVED ITEMS CA -1 THROUGH CA -23, Ar HICH CONSTITUTE THE ENTIRE CONSENT AGENDA. ' Vice Chairman Gort: Mr. Manager, I wanted to ask you a question, Is (Itis a realistic agenda? I mean -- Commissioner Winton: Well, for midnight. One o'clock in the monting, it should be done. Carlos Gimenez (City Manager): It's not surreal. It really is that thick, yes, sir. Vice Chairman Gort: 1 ,just want to make sure that we all know how many items we have to tackle. And we have a lot of important items that are going to come in front of us today. Let's give live minutes to see if Commissioner Tcele and Commissioner Sanchez get here. Meantime, do we have any questions or anything we want to add, or any change, or any item we want to take out of the agenda? Commissioner Winton: Yes, I do. Vice Chairman Gort: Yes. Commissioner Winton: I would like to defer Item 14, which is a public appearance. Vice Chairman Gort: Is it hot in here, or is it my imagination? We'd also like to pull Supplemental 2. Is that it? Unidentified Speaker: To pull, yes. Vice Chaimian Gort: Yes, to pull. Item 14, Supplemental 2. Anyone in tate consent agenda? Any item that would like to he pulled from the consent agenda? Carlos Gintenez (City Manager): Fourteen -A, sir. From the regular agenda, 14-A and Item Number 22, Vice Chainnan Gort: OK. So the items to be pulled tine 14-A. Mr. Gimcnez: .And Item 22. Vice Chairman Gort: Johnny, yours was 14-A or 14? Commissioner Winton: My what? 2 July 26, 2W 1 • • Vice Chairman Gort: Your item that you wanted to pull was 14-A or regular 14? Commissioner Winton: I'll have to double check. Mr. Gimencz: 1 believe his was regular 14. Vice Chairman Gort: Regular 14, OK. So items to be pulled right now is item -- Commissioner Winton: Item 14, the issue on Dog Park ilial we took up two meetings ago. Vice Chait7nan Gort: You want to pull it. Commissioner Winton: l want to pull that. Vice Chairman Gort: OK. So we're pulling Item 14, 14-A and Item 22. All right? And supplemental -- I mean S-2 instead of22. Supplemental 2. OK? Yes, sir. George Loper: Mr. C'hairrtan, if I may he recognized to request an item be deferred at this time or at any time where it's appropriate as you're setting your agenda? Commissioner Winton: Can the public request an item he pulled? Vice Chainnan Gort: You can request it, Ilia we're not going to listen. Mr. Lopez: I respect that. Vice Chainnan Gort: Thank you. Mr. Lopez: Mr. Chairman, my name is George Lopez. I'm a partner with the law firm of Steel, Hector and Davis, and we represent Homestead Miami Speedway. As you're well familiar, Item 11 on your agenda is the item that we would respectfully request that you defer from consideration today. ,lust to bring this record up-to-date, we have filed a lawsuit. It is being heard as we speak, in terms of setting a motion for temporary injunction, to ask this Commission to defer, simply live days, for its to have an opportunity to review the final terms and agreement. With that, l would request that this Commission please consider deferring that item, and setting it for an opportunity for the public to review and comment. Vice Chainnan Gort: OK. It's an item to ask for a deferral. Sorry, there's no motion for this. Mr. Lopez: 'Thank you, Mr. Chairman. I appreciate it. Vice Chairman Cort: If you used some of the funds you're using for this, you might he able to balance I lotnestead's budget. Mr. Lopez: Thank you. 3 July 26, 2001 i Vice Chainnan Gort: Go ahead. Do I have a motion on the consent agenda? Commissioner Winton: So moved. Commissioner Regalado: Second. Vice Chairman Gan: Is there a second? Any further discussion`? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01-732 A MO'T'ION APPROVING AND ADOPTING ITEMS CA -I THROUGH CA -23, WHICII CONSTITUTE'11IF CONSENT AGENDA. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Johnny Winton Vice Chairman Wifredo Gort NAYS: None ABSENT- Commissioner Joe Sanchez Commissioner Arthur F. Teele, Jr. Vice Chairman Gort: Thank you. Mr. Gimenez: Mr. Chairman, Mr. Chairman. Commissioner Winton: Are we going to do the birthday thing`? Vice Chainnan Gort: Yeah. I.et's wait until the Commissioners get here for the birthday. Commissioner Winton: OK, Mr. Gimenez: On CA -U, we need to change the amount on the record. We need to reduce that amount. Alejandro Vilareilo (City Attorney): You need to move to reconsider. 4 July 26, 2001 Vice Chairman Gort: Motion to reconsider CA -i 1. Commissioner Winton: So moved. Vice Chairman Gorl: is there a second? Commissioner Winton: Do we have to move to reconsider the entire consent agenda, or just Item 1 I? Mr. Vilarello: Yes, the entire consent agenda. Commissioner Winton: ✓love. to -- Vice Chairman Gort: Reconsider. Commissioner Winton: -- reconsider the entire consent agenda. Vice Chairman Gort: Second by Commissioner Regaladn. All in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01.733 A MOTION TO RECONSIDER VOTE PREVIOUSLY TAKi:N ON MOTION NO. 01.732 WJUC11 APPROVED ITEMS CA -I T11R000H CA -23, WHICH CONSTITUTE THE ENTIRE, CONSENT AGENDA. Upon being seconded by Conuuissioncr Regalado, the motion was passed and adopted by the following vote: AYPS: Commissioner Tomas Regaladn Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None A13SENT: Commissioner Joe Sanchez Commissioner Atlhur E. Teele, Jr. Vice Chairman Gorr: Yes, ma'am. Angela Bellamy: Yes. Commissioner, Angela Bellamy, Director of the Department of Human Resources. Item CA -11 is for procurement of computer and technical training. The amount was 5 July 26, 2001 offmar not to exceed four hundred twenty thousand dollars ($420,000). We're reducing that amount to not to exceed two hundred thirty-five thousand dollars ($235,000). Vice Chairman Gort: Well, good. Commissioner Regalado: Then why is it here 1bur-twenty? Ms. Bellamy: Excuse me? Vice C'hainuan Gort: Originally, why was it four -twenty? Ms. Bellamy: It was originally four -twenty because the IT (Information 'Technology) Strategic Plan initially recommended two hundred eighty-five thousand dollars ($285,000) of training for the IT staff. During the budget review, the Manager has decided that we should reduce that amount to one hundred thousand dollars ($10,000). So we've reduced it by one hundred eighty-five thousand dollars ($165,000). Commissioner Regalado: OK. Vice Chairman Govt: Any other questions? Commissioner Winton: Move to -- Vice Chairman Gort: 'chis is going to reducing the expenses. That's good. Are we going to continue to do that in all of the departments? Mr. Gintener.: Yes, sir. Vice Chairman Gort: Thank you. Commissioner Winton: So, Mr. Attorney, we can now move to approve the entire consent agenda again? Mr. Vilarello: With item CA as amended, yes, sir. Vice Chairman Gort: CA -1 I is being -- Commissioner Winton: Move to approve the consent agenda with the recommended amendment to CA -11. Vice Chairman Gort: Is there a second? Commissioner Regalado: Second. Vice Chairman Gort: Second by Commissioner Regalado. Any further discussion? Is there anyone in the public who would like to address any of the items in the consent agenda? is there 6 July 26, 2001 anyone in the public who would like to address Any of the items in the consent agenda? Show no one comes forward. All in favor state it by saying "aye." The Commission (Collectively): Aye. Vice Chairman Gort: Thank you. NOTI<: FOR THE RECORD: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT' AGENDA ITEMS THAT ARE RLMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALT. At)TOMATICALLY BE SCHEDULED AS A Rf'Gt✓LAR AGENDA ITEM AT THE NEXT REGULARLY SCIIFDULED MEETING OF THE CITY COMMISSION. THEREUPON, ON MOTION DULY MADE Bl' COMMISSIONER WINTON AND SECONDED BY COMMISSIONER REGALADO, THE CONSENT AGENDA I'T'EMS WERE PASSED BY THE FOLLOWING VOTE: AYI-S: Cont►nissioncr Tomas Regalado Commissioner Johnny L. Winton Vice Chairman WiTredo Cion NAYS: None ABSENT: Commissioner.loe Sanchez Commissioner Arthur E. 'Tcele, .Ir. I.I. ACCEPT BID OF NATIONWIDE LIFT TRUCKS, INC., PURSUANT TO INVITATION FOR AIDS NO. 00-01-084, FOR PROCUREMENT OF ONE. TOYOTA 7FGU32 FORK LIFT TRUCK FOR DEPARTMENT OF PARKS AND RECREATION, $24,085; ALLOCATE FUNDS FROM PARKS AND RECREATION VEHICLE ACQUISITION. RESOLUTION NO. 01-734 A RESOLUTION OFTHE HE MIAMI CITY COMMISSION ACCEP'T'ING THE BID OF NATIONIVIDF. LI 'T TRUCKS. INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-084, DATED APRIL. 9, 2001, FOR TI Ili PROCUREMl;NT OF ONE TOYOTA 71-GU32 FORKLIFT TRUCK FOR THE DEPARTMENT OF PARKS AND RECREA'T'ION, IN AN AMOUNT NOT TO EXCFED $24,085; ALLOCATING FUNDS FROM PARKS AND RECREATION VEHICLE ACQUISITION, ACCOUNT CODE NO. 331368.589301.6.840. 7 July 26, 2001 • 1.2. ACCEPT BID OF BENI\ETT FIRE PRODUCTS COMPANY, INC., PURSUANT TO INVITATION FOR BIDS NO. 00-01-112, FOR PROCUREMENT OF ONE HUNDRED TWENTY-FIVE SETS OF GLOBE GX-7 FIREFIGHTING PROTECTIVE CLOTHING FOR DEPARTMENT OF FIRE -RESCUE, ON AIS' AS -NEED CONTRACT BASjS, $127,625. RESOLUTION NO. 01-735 A RESOLUTION OF THE MIAMI CITY COMMISSION ACC.FPTING 'I HE BID OF BENNE:77' 14RN PRODUCTS COMPANY, INC'.. THE LOWEST RESPONSIVE. AND RF.SPONSIBLL BIDDER, PURSUANT TO INVITATION FOR BIDS NO. 00-01-112, DATFD MAY IA, 2001, FOR TI PROCUREMENT OF ONCE HLNDRED 'T'WENT'Y-FIVE SETS OI' GLOBI: GX-7 FIREFIGHTING PROI ECTIVE CLOTHING FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN AS -NEED CONTRACT BASIS, FOR A PERIOD OF ONE YEAR WWITH THE OPTION TO RFNF,W FOR TWO ADDITIONAL. ONE. -YEAR PERIODS, IN AN AMOUNT NOT TO F.XCFF.D S127,625; ALLOCATING FUNDS FROM AC'COUN'T' CODE NO. 001000.280601.6.075. 1.1% APPROVE ACQUISITION OF AUTOMOBILE RENTAL SERVICES -FROM INTERAMERICAN CAR RENTAL, INC. FOR DEPARTMENT OF PURCHASING TO BE USED CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS, UNDER EXISTING MIAMI- DADE COUNTY CONTRACT NO. 5961-4/03-3; ALLOCATE FUNDS FROM GENEttAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS. RISOLL!TION NO. 0 1 -730 A RESOLUTION OF THL-' MIAMI CH Y COMMISSION APPROVING THE ACQUISITION OF AUTOMOBILE RENTAL SERVICES FROM INTERAMF.RIC'AN CAR RF,N'1AL, INC. FOR THE DFPARTMFNT OF PURCHASING TO BE USED CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS, UNDER EXISTING MIAMI -RADE COUNTY CONTRACT NO. 5961- 4/03-3, EFFECTIVE UNTIL MAY 31, 2002, ANI) ANY EXTENSIONS; ALLOCATING FUNDS FROM EACH OF THE GENERAL OPERAT'IN'G BUDGETS OF THE VARIOUS USER DEPARTMENTS, AUTHORIZING SERVICES AS NEEDED, SUBJECTTO AVAILABILITY OF FUNDS. July 26, 2001 �I� 0 • E 1.4. ACCEPT BID OF ROYAL ENGINEERING CONSTRUCTION, INC., PURSUANT TO INVITATION FOR BIDS NO. 00-01-183 FOR PROJECT ENTITLED "LITTLE HAVANA SIDEWALK REPLACEMENT PROJECTS, 134631'; TOTAL ESTIMATED COST OF $218,370. RESOLU'l ION NO. 01-737 A RESOLUTION OF "THE MIAMI CITY COMMISSION ACCEPTING TIIE Bill OF RO3':11- ENGINEERING C'ON.VTR(;CTIOX LNC'., THE: LOWEST RLSPONSIVI AND RESPONS1BIT' llIDDER, PURSUANT" I'O INVITATION FOR 13IDS NO. 00-01-183, DATLD JUNE 19, 2001, FOR THE PROJECT ENTITLED "LITTLE HAVANA S1DFWALK REPLACEMENT PROJECT, Ii - 4631," IN TI -IE A\10UN"I' OF $109,755; ALLOCATING FUNDS FROM PROJECT NO, 341170, AS APPROPRIATE=D BY THE ANNUAL APPROPRIATIONS ASD CAPITAL. IMPROVE=MENT PROJECTS ORDINANCFS, AS AMENDED. IN THE AMOUNT OF $199,785 I�OR I'lTE CONTRAC'1 COSTS AND $13,585 FOR EXPENSES, FOR A TOTAL ESTIMATED COSI' OF $219,370; AND AUTHORIZING TIME CITY MANAGE=R TO EXP.('l;TE AN AGREEMf NT, IN A FORM ACCEvrABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE:. 1.5. ACCEPT BID OF RECIO AND ASSOCIATES, INC., PURSUANT TO INVITATION FOR BIDS NO. 00-01-077, FOR PROJECT ENTITLED "U.S.] MEDIANS LANDSCAPE MAINTENANCE CONTRACT -2001, B-6372," TOTAL ESTIMATED COST OF $114,083. RESOLUTION NO. 01-738 A RESOLD*TIO` Of THE NIIAN11 CI'I Y COMMISSION ACCEPTING THE BID OF RE CIO ARID ASSOCIA77-'S', INC., THE LOWhST RESPONSIVE AND RESPONSIBLE BIDDER, Pl_"RSIJANT I ENVl'I"A1'lON FOR BIDS NO. 00- 01-077, DATED JUNE 5, 2001, FOR THE PROJECT ENTITLED "[;,S. 1 MEDIANS LANDSCAPE MAINTENANCE CONTRACT -2001, B-6372," 1N THE AMO(JNT Oh $98,700; ALLOCATING FUNDS I ROtiI TI -IF GENERAL FUND, ACCOUNT CODE. NO. 001000.310501.6.340, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS ORDINANC=E, AS AMENDED, IN THE AMOUNT OF $98,700 FOR THF CONTRACT COSTS AND $15,383 FOR EXPENSES, FOR A TOTAL ESTIMAI ED COST OF $114,083 FOR ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE- YEAR PERIODS; AND AL" I'HORIZING THE CITY MANAG14R TO EXECUTE AN AGREEMHNT, IN A FORM ACCEPTABI.F '1'O THF. C'I'TY ATTORNEY, FOR SAID PURPOSE, 9 July 20, 2001 iZ1iIBM&j • l.b. AUTHORIZE FUNDING~ OF GANG REDUCTION ACTIVITIES AND SPORTS PROGRAM (G.R.A.S.P.) TO ASSIST WITH PROVIDING AN EFFECTIVE JUVENILE PREVENTION PROGRAM, $98,138; ALLOCATE, FUNDS FROM LAW ENFORCEMENT TRUST FUND. RESOLUTION NO. 01-739 A RESOI,UTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF THE (;.4N(; REDUC'770:1' A['T11'1TIFS AND M'0117;1' 1'ROUR.4A? (G.R.A.S R) TO ASSIST WITH PROVIDING AN EFFECTIVE JUVENiLL'' PREVEN HON PROGRAM. IN AN AMOUNT NOT TO EXCEED $98,138; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 69(002, SUCH FXPF.NDITURF HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT Ol' JUSTICE'S "GUIDE. TO FQUITABLE SHARING"; AND AUTHORIZING THF CITY MANAGER TO FNTFR INFO AN AGRFhMEN"I', INA FORM ACCFPTABI,F 1'0 THF CITY ATTORNEti', WITH G.R.A.S.P. FOR THE ALLOCATION OF THE FUNDS. 1.7� 1.7. APPROVE PROCUREMENT OF 4,800 PEPSI BLUE RB -i 8S 18 -GALLON RECYCLING CONTAINERS FOR DEPARTMENT OF SOLID WASTE FROM REHRIG PACIFIC COMPANY, UNDER EXISTING PALM BEACH COUNTY SOLID WASTE AUTHORITY BID NO. SWA 00-22JTR, $20,880; ALLOCATE FUNDS FROM "SOLID WASTE REDUCTION: RECYCLING AND EDUCATION." RESOLUTION NO. 01-740 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF 4,800 PEPSI BLUE R13 -18S 18 -GALLON RECYCLING CONTAINERS FOR THE DFPAR FMF.NT OF SOLID WASTE FROM RE11R1G 1'AC'1FIC COMPANY, UNDER EXISTING PALM BEACH COUNTY SOLID WASTE AUTHORITY BID NO. SWA 00-221'TR, EFFECTIVE. THROUGH JULY 12, 2002, AND ANY EXTENSIONS, 1N AN AMOUNT NOT TO FXCF.F.D 520,880; ALLOCATING FUNDS FROM THE "SOLID WASTE REDUC'T'ION: RECYCLING AND EDUCATION," PROJECT NO. 197011.321301.6.840. 10 July 26, 2001 :III/Ifi!ISy i • I.S. AUTHORIZE MANAGER TO ALLOCATE FUNDS, $65,000, FROM DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE FOR COSTS ASSOCIATED WITH AMENDMENT TO CONSULTANT CONTRACT BETWEEN DOWNTOWN DEVELOPMENT AUTHORITY AND CURTIS AND KIMBALL COMPANY, INC. FOR PREPARATION OF INCREMENT 11 APPLICATION OF DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT (DRI); MANAGER TO TRANSFER SAID FUNDS TO DOWNTOWN DEVELOPMENT AUTHORITY FOR PURPOSE OF EXECUTING AMENDMENT TO PROFESSIONAL CONSULTANT SERVICES CONTRACT. J RFSOLL.TION NO. 01-741 A RESOLUTION Ol ITII? MIAN11 CITY COMMISSION AUT'HORI'ZING THE CITY MANAGER TO ALLOCATE- HUNDS, 1N AN AMOUNT NOT TO EXCEPD $65,000, FROM TIIF DONNNTOWN DEVELOPMENT SI:PPLI:MI;NTAL FEF, AC'C'OUNT CODE NO. 12-7001.380254.270, TOIZ COSTS ASSOCIATFI_) WITII ANIF.NI)MLN'T NO. 1 To THE CONSULTANT CONTRACT BETWEEN 'THF DOWN'l(AkN DI'.VFLOPMFN'I AUTHORITY AND CURTIS AND KIMBALL COMPANI', INC. FOR '1'Nf'. PREPARATION OF THE' INCREMENT 11 APPLICATION OF THE DOWNTOWN DEVELOPMEINT 01. REGIONAL IMPACT; DIRI-;C'TIN(i THE CITY MANAGER TO TRANSFER SAID FLINI)S 1'0 TML: DOWNTOWN DEVELOPMENT AL. I'HORTTY FOR THE PURPOSE OF EXECI-A ANG AMENDMENT NO. 1 TO THE PROFI_;SSIONAL CONSULTING; SERVICES CONTRACT. 1.9. APPROVE ACQUISITION OF COMPUTER SOFTWARE LICENSES AND MAINTENANCE SERVICES FROM VARIOUS VENDORS, FOR DEPARTMENT OF INFORMATION TECHNOLOGY FOR CITYWIDE USE, ON AN AS-NEEDED BASIS, i UNDER VARIOUS EXISTING STATE OF FLORIDA CONTRACTS, S400,000. RES011.,"HON NO. 01-742 A RES0111TION OF TIIF MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THF- ACQLISI'TION OI, CONiPU FR SOFTWARE LICENSES AND MAINTENANCE SF.RVIC'FS FROM VARIOUS VENDORS, FOR THE DEPARTMENT OF INFORMATION TECIINOLOGY hOR CITY1VIDE IISI:, ON AN AS-NFF.DIED BASIS, UNDER VARIOUS EXISTING STATE. OF FLORIDA CONTRACTS, AND ANY EXTENSIONS, AS MORD PARTICULAIZI.1' SF."I FORTII IN A'ITACHMENT "A," IN AN AMOUNT NOT TO EXCEED $400,000; ALLOC'A HNG FIJNDS FROM ACCOUNT CODE NOS. 001000.460101.6.335 AND 01000.460101.0.070 AND TIIF OPERATING B IDGETS OF Tilt{ VARIOUS USFR DEPARTMENTS, AUTHORIZING SAID ACQUISITIONS AS NIa:DED. SI JB.IEC" I 'TO AVAILABILITY OF FUNDS. 1 I July 20, 2001 za i��a�71_'7� 0 1.10. APPROVE ACQUISITION OF COMPUTER PROGRAMMING, SYSTEMS ANALYSIS, DATA BASE MANAGEMENT, TECHNICAL SUPPORT, AND OTHER TECHNICAL CONSULTING SERVICES FROM VARIOUS VENDORS FOR DEPARTMENT INFORMATION TECHNOLOGY, ON AN AS -NEEDED BASIS UNDER VARIOUS EXISTING STATE OF FLORIDA CONTRACTS, $297,720, RESOLUTION NO. 01-743 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ACQUISITION OF COMPUTER PROGRAMMING, SYSTEMS ANALYSIS, DATA BASE MANAGFIVIENT, TECHNICAL SUPPORT, AND OTHER '1TECIINICAL CONSULTING SERVICES FROM VARIOUS VENDORS, AS MORE PARTICULARLY SET FORTH IN A77ACHMHNT "A," FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, ON AN AS -NEEDED BASIS, UNDER VARIOUS EXISTING STATE. OF FLORIDA CONTRACTS, AND ANY EXT NSIONS, IN AN AMOUNT NOT TO EXCEED $297,720; ALLOCATING FUNDS FROM ACCOUNT CODE: NO. 001000.460101.6.270. 1.11. AUTHORIZE ACQUISITION OF COMPUTER SOFTWARE TRAINING FROM VARIOUS VENDORS, FOR CITYWIDE COMPUTER SOFTWARE TRAINING, UTILIZING STATE _OF FLORIDA CONTRACT NO, 973-890-98-1, $235,000 ANNUALLY. FOR DEPARTMENT OF HUMAN RESOURCES; ALLOCATE FUNDS FROM DEPARTMENT OF HUMAN RESOURCES. RESOLUTION NO. 0 1 -744 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF COMPUTER SOFTWARE TRAINING FROM VARIOUS VENDORS, FOR THE DEPARTMENT OF HUMAN RESOURCES, FOR CITYWIDE TRAINING, UNDER EXISTING STATE. OF FLORIDA CONTRACT NO. 973-890-98-1, EFFECTIVE THROUGH JANUARY 19, 2003, AND ANY EXTENSIONS, 1N AN ANNUAL AMOUNT NOT TO EXCEED $235,000; ALLOCATING FUNDS FROM HUMAN RESOURCES OPERATING BUDGET, ACCOUNT CODE- NO. 001000.270101.6.410. 12 July 26. 2001 U6i11=F • • 1. 12. AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH FLORIDA INSTITUTE ON GOVERNMENT AT FLORIDA INTERNATIONAL UNIVERSITY TO PROVIDE CITYWIDE EMPLOYEE TRAINING AND LEADERSHIP DEVELOPMENT FOR DEPARTMENT OF HUMAN RESOURCES, ON A CONTRACT ! BASIS, $158,000; ALLOCATE FUNDS FROM HUMAN RESOURCES. RESOLUTION NO. 01-745 A RESOLUTION OF THF MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING 'THE CITY MANAGER TO EXFCUTF A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE. TO THE CITY ATTORNEY, WITH THE VLORIDA INSTITUTE O!' GOVERAI MF.NT AT FLORIDA IN'T'ERNATIONAL UNIVERSITY TO PROVIDE CITYWIDE. EMPLOYEE TRANING AND I+ADF.RSHIP DEVELOPMENT, AS :MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A," FOR THE DFPARTMEN1 OI' HUMAN RESOURCES, ON A CONTRACT BASIS FOR A PERIOD OF ONE YEAR WITH THI: OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PL-RIODS, AND ANY EXTENSIONS, IN AN FST'IMATHD ANNUAL AMOUNT NOT TO EXCEED $158,000; AI.LOCATING FUNDS FROM THE HUMAN RESOURCES ACCOUNT CODE NO. 001000-270101.6,410, 1.13. AUTHORIZE MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS WITH JUAN FERNANDEZ-BARQUIN, PLINIO VILLANUEVA AND EDUARDO DE ZAYAS TO PROVIDE STRUCTURAL PLANS EXAMINER SERVICES FOR DEPARTMENT OF BUILDING, $15,000; ALLOCATE FUNDS FROM INSPECTION SERVICES DIVISION BUDGET, RF.SOIUTION NO. 01-746 A RESOLUTION OF THE MIAMI CITY COMMISSION, WIT'll ATTACHMENT(S), AUTHORIZING THE CITY !MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH JUAN F1?RNANDFZ-I3ARQ1JIN, PLINIO VILLANUEVA AND EDUARDO DF, ZAYAS TO PROVIDl3 STRUCTURAL_ PLANS EXAMINER SERVICES FOR THE DEPARTMENT OF BUILDING FOR A ONE-YEAR PERIOD, WITH THF. OPTION TO RENEW FOR TWO ADDITIONAL ONE- YEAR PERIODS, IN AN AGGREGATE ANNUAL AMOUNT NOT TO EXCEED $15,000, SUBJECT TO AVAILABILITY OF FUNDS; ALLOCATING FUNDS FROM THE INSPECTION SERVICES DIVISION BUDGET, PROJECT NO. 421001, ACCOUNT CODE NO. 560302.340. 13 July 26, 2001 • L 14. AUTHORIZE MANAGER TO EXECUTE GRANT AGREEMENT WITH FEDERAL HIGHWAY ADMINISTRATION (FHWA), AND AUTHORIZE MANAGER TO EXECUTE JOINT PARTICIPATION AGREEMENT WITH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO IMPLEMENT TRANSPORTATION AND' COMMUNITY AND SYSTEM (TCSP) PILOT PROGRAM FROM NW 7TH AVENUE CORRIDOR STUDY ALLOCATED WITH FEDERAL DISCRETIONARY FUNDS TO AMOUNT OF $93,950. RESOLUTION NO. 01-747 A RESOLUTION OF TIIE• MIAMI CITY COMMISSION, WI -1.11 ArrACHMFNT(S), AUTHORIZING THE CITY MANAGER TO EXECI.iTE A GRANT AGRF.HMFN'1', IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FEDERAL HIGHWAY ADMINISTRATION; AND 1-*LR'T11ER AUTHORIZING "THF CITY MANAGER TO EXFCUTH A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTTACHI-,I) FORM, WT1'll T11E FLORIDA DEPARTMENT OF 'TRANSPOR'T'A'T'ION TO IMPLEMENT A PILOT COMMUNITY TRANSPORTATION PROGRAM FOR THE, NORTH' FST 7111 AV1-;1\U1; CORRIDOR STUDY, IN AN AMOI,'N'I' NOT TO EXCEED $93,950; ALLOCATING FUNDS FROM FFDFRAI, DISCRETIONARY R TNDS. 1.15. AUTHORIZE MANAGER TO ACCEPT GRAN'T'S, $204,950 FOR INTEREST^ PROJECTS FROM MIAMI -DADS COUNTY DESIGNATED HEREIN FOR SAFE NEIGHBORHOOD PARKS BOND PROGRAM, BOND SERIES 2001, YEAR FOUR FUNDING. RESOLUTION NO. 0 1 -748 A RF,SOL.UTION OFTHE CI'T'Y OF MIAMI COMMISSION AUTHORIZING GRANT APPLICATIONS TO MIAMI-DADE COUNTY FOR $204,950 TO APPLY TU INTEREST PROJECTS AS DESIGNATED HEREIN FOR THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM, BOND SERIES 2001, YEAR FOUR FUNDING; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRUNT AWARDS AND TO EXECUTE THE NECESSARY DOCUMENTS, 1N A FORM ACCEPTABLE TO TI IF CITY ATTORNEY, TO IMPLEMENT ACCEPT ANC'E OF SAID GRANTS; FURTHER AUTHORIZING, PURSUANT TO THE PROVISIONS OF THE SAFE NEIGHBORHOOD PARKS ORDINANCE, THE PAYMENT OF: (1) SUPPLEMENTAL FUNDS REQUIRFI) TO COMPI.F:TE SAID PROJECTS IF THE COSTS OF .SAID PROJECT'S FXCEED 'I HL GRANT' ALLOCATION AND (2) FUNDS TO OPERATE, MAINTAIN .AND PROVIDE PROGRAMMING AT EACH PROJECT UPON ITS COMPLETION, 14 July 2h, 2001 III�I:�I!b 1.16. AUTHORIZE MANAGER TO ACCEPT GRANTS FROM MIAMI -DARE COUNTY, $34;123, TO CONSTRUCT WHEELCHAIR -ACCESSIBLE CONCRETE WALKWAYS AND INCREASE NUMBER OF DESIGNATED HANDICAP PARKING SPACES At SHENANDOAH PARK; $6,119 FOR ACQUISITION AND INSTALLATION OF PLAYGROUND EQUIPMENT AT KINL.00H PARK, RESOLUTION NO. 01-749 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING "TIII: CITY MANAGER "TO ACCI?PT GRANTS FROM MIAMI-DADh COUNTY, FLORIDA INTHE AMOUNTOF $34.123 TO CONSTRUCT WHEELCHATR- ACC:ESSII3LE CONCRETE WALKWAYS AND INCREASE THE NUMBER OF DESIGNATED HANDICAP PARKING SPACES AT SHENANDOAH PARK, AND IN THE AMOUNT OF 56,119 FOR THF ACQUISITION AND INSTAI.I.A'fION OF PLAYGROUND EQUIPMENT AT KTVIACH PARK; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTA131,h TO THF: CITY ATTORNEY, TO ACCEPT SAID GRAN'T'S. 1.17. AMEND RESOLUTION NO. 99-99, FOR PURCHASE OF COMPUTERS, SERVERS AND RELATED EQUIPMENT, SOFTWARE, TRAINING AND SERVICES, AND INTERNET SERVICES, FROM VARIOUS VENDORS, UNDER VARIOUS STATE OF FLORIDA CONTRACTS AND SNAPS AGREEMENTS, TO REFLECT ADDITIONAL CONTRACTS ISSUED BY STATE OF FLORIDA TO PURCHASE SERVICES AND SOFTWARE FROM IMMEDIENT CORP., UNDER SNAPS AGREEMENT NO. 991-2265-1, AND IDAS UNDER SNAPS AGREEMENT NOS. 2521878-2 AND 9731877-2. RESOLUTION NO. 01-750 A RESOLUTION OF TIIF. MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 99-99, ADOPTED FEBRUARY 9, 1999, FOR THE ACQUISITION OF COMPUTERS, SERVERS, RELATED EQUIPMENT, SOFTWARE, TRAINING AND INTERNET SERVICES FROM VARIOUS VENDORS, TO TNCI.UDF. ADDITIONAL VENDORS AND AGREEMENTS ISSUED BY THE STATE OF FLORIDA. Is July 26, 2001 • • 1.18: AMEND RESOLUTION NO. 99-564 'INCREASING AMOUNTS OF FUNDS 'ALLOCATED FOR SHENANDOAH PARK PROJECT FROM $900,000 TO $996,594; AUTHORIZE INCREASE INCONSTRUCTION CONTRACT WITH . EDFM CORPORATION OF $34,123 TO COVER COST OF CONSTRUCTING REQUIRED ADA WALKWAYS NOT PART OF ORIGINAL CONTRACT, WITH FUNDS FROM 'MIAMI- .DADE COUNTY OFFICE OF ADA COORDINATION. RESOLUTION NO. 01-751 A RESOLUTION 01 T 11F. MIAMI CITY C'OM'MISSION AMENDING RESOLUTION NO. 99-564, ADOPTE=D JULY 27, 1999, INCREASING THE, AMOUNT OF FUNDS AL.LOCATEiD FOR THE SHENANDOAH PARK PROJECT, INTI I E AMOUNTOF 596,594, FROM $9(X),000 TO $996,594 AND APPROVING AN INCREASE IN THE CONSTRUCTION CONTRACT WITH EDFM CORPORATION, IN THE AMOUNT OF $34,123, FROM $405,591 TO $439,714, TO COVER THE COST OF CONSTRUCTING WHEELCHAIR - ACCESSIBLE SIDEWALKS, AS REQUIRED BY THE AMERICANS WITH DISABILITIES ACT, WHICH WAS NOT INCLUDED IN THE ORIGINAL. CONTRACT; WITH FUNDS ALLOCATED FROM CAPITAL IMPROVEMENT PROJECT NO. 331360, AS APPROPRIATED I3Y THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED; AUTHORIZING THF CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH !Y)F1If CORI'ORA770N. 16 July 26, 2001 • 1.19. AMEND RESOLUTION 00-689, AUTHORIZE MANAGER TO EXECUTE REVISED AMENDMENT TO MANAGEMENT 'AGREEMENT OF MELREESE. GOLF COURSE, BETWEEN'CITY AND BUNKERS ON MIAMITOR PURPOSE OF: 1) EXTENDING DATE OF COMPLETION OF CONSTRUCTION OF NEW CLUBHOUSE TO EIGHT MONTHS AND 2) ALLOW` BUNKERS TO CHANGE ITS FINANCIAL REPORTING OBLIGATION FROM FISCAI. YEAR TO CLANEDAR YEAR COMMENCING WITH YEAR 2000_ RFSOLUTION NO. 01-752 .A RESOLUTION OF THE MIAMI CI'T'Y COMMISSION AMENDING RESOLUTION NO. 00-659 AND AUTHORIZING THE CITY MANAGER TO EXECUTE REVISED AMENDMENT NO. 3, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MANAGEMENT AGREEMENT OF THE MELREESE GOLF COURSE, BETWFFN THE CITY OF :MIAMI AND BUNKERS OF MIAMI, A JOINT VENTURE ORGANIZED UNDER THE LAWS OF THF STATE OF FLORIDA, DA'Z'ED JANUARY 25. 1996, AS AMENDED, FOR THE PURPOSE OF: l: EXTENDING THE DATE OF COMPLE-TION O CONSTRUCTION OF TiIE NEW CLUBHOUSE, AS EVIDENCED 13Y A CERTIFICATE OF OCCUPANCY, TO A PERIOD OF EIGHT (S) MONTHS FROM THE DATEOF ISSUANCE OF A BUILDING PERMIT, BUT NO LATER THAN AUGUST 12, 2002; AND 2; ALLOWING BUNKERS TO CHANGE ITS FINANCIAL REPORTING OBLIGATION FROM A FISCAL YEAR TO A CALENDAR YEAR COMMENCING WITH THE YEAR 2000. 17 July 26, 2001 • • 1.20 AUTHORIZE MANAGER. TO ACCEPT TWO DONATIONS FOR DEVELOPMENT OF INTERNATIONAL WATER SPORTS CENTER PROJECT, S159,605 FROM YMCA OF GREATER MIAMI AND $40,095 FROM SHAKE -A -LEG MIAMI ORGANIZATION, ALSO,. FOR PAYMENT OF ARCHITECTURAL AND ENGINEERING FEES ASSOCIATED WITH PREPARATION OF CONSTRUCTION DOCUMENTS NEEDED FOR INCREASED SCOPE OF PROJECT. RESOLUTION NO. 0 1 —753 A RESOLUTION Ol' i'HE CITY OF MIAMI COMMISSION ACCEPTING DONATIONS FROM THE: YMCA Ole GRE'AT'ER MIAMI. IN THE AMOUNT OF $159,605 FOR THE DEVELOPMENT OF THE INTERNATIONAL WATER SPORTS CENTER PROJEC''I ("PROJECT"). AND THE SHAKE; -A. LEG MIAMI ORGANIZATION, IN THE AMOUNT OF 440,095, FOR THE' PAYMENT OF ARCHITECTURAL AND ENGINEERING FEES ASSOCIA I'F.D WITH THE I'RFVARATION OF CONSTRUCTION DOCUMENTS NECESSARY FOR THE INCREASED SC 011V OF `I'HI: PROJECT. AUTHORIZING, 7NE C'I'TY MANAGER TO EXFC 13TE THE, NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE 'ro 'I'HL CITY A I' I'ORNEN', FOR ACCEPTANCE OP TI IF DONATIONS. 1.21, DECLARE SURPLUS CERTAIN CITY•OWNED PROPERTIES LOCATED AT 185 NE 82N° TERRACE, AND 8210 NE I"' PLACE; AUTHORIZE AND DIRECT MANAGER TO SELL SAID CITY -OWNED REAL PROPERTIES. RESOLU.""ION NO. 01-754 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING AS SL►RPLUS CERTAIN CITY—OWNED REAL PROPERTIES, LOCATED AT 185 NORTI IEAST 82'l' TERRACE AND 8210 NORTHEAST 1`' PLACE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED 1N EXHIBIT "A" ATTACHED; Al;'I'HORIZING TI IF C'ITY MANAGE R TO (I) 1?S"TABLISH 'I'Hir MINIMUM SALES PRICE 17OR THE PROPERTIES, AFTER TWO INDEPENDENT APPRAISALS AS TO VALUE, (2) INITIATE SUCH PROCEDURES AS MAY BE REQUIRED BY THE CITY CHARTER OR CODE FOR THE DISPOSAL OF THE PROPER'TIE'S; (3) ACCEPT RESPONSIVE AND RL;SPONS IBLE BIDS; .AND (4) NF.GOTIATF PI:RCHASF AND SALE AGREEMENTS; AND DIRECTING THE CITY MANAGER TO PRF.SF.NT THE NEGOTIATED AGREEMENTS TO THE CITY COMMISSION FOR FINAL. APPROVAL. 18 July 26, 2001 1.221 DIRECT, -MAN ''GER TO REMIT TO FLORIDA- Bp " . TMENT OF B a A% D ANCB ° $191,13141 ASS;, PRQPEEDS' FROM NC= o OR PROPERTY. Rr3 = . ,; ,, . T.' RESOw'fION NO. 01-755 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO REMIT TO THE FLORIDA DEPARTMENT OF BANKING AND FINANCE $191,131.41 AS PROCEEDS FROM UNCLAIMED OR ABANDONED PROPERTY, IN COMPLIANCE WITH SECTION 717.119_ FLORIDA STATUTES (2000). 19 July 26, 2001 • • 2. SET TIME CERTAIN FOR CERTAIN PZ AGENDA ITEMS: PROPOSED AMENDMENT TO ORDINANCE 11000 TO ESTABLISH NEW SECTION 623 ENTITLED "CORAL WAY SPECIAL OVERLAY DISTRICT"; PROPOSED AMENDMENT TO ZONING ATLAS FOR PROPERTIES LOCATED ALONG CORAL WAY BETWEEN SW IIT AVENUE AND SW 37tH AVENUE; PROPOSED AMENDMENT TO ORDINANCE 11000 TO ESTABLISHNEW SECTION 625 ENTITLED "SW 8TH STREET SPECIAL OVERLAY DISTRICT'; PROPOSED AMENDMENT TO ZONING ATLAS FOR PROPERTIES LOCATED ALONG SW 8"" STREET BETWEEN SW I ST AVENUE AN`D SW 27TH AVENUE (See #'s 46, 47, 48 and 49). Commissioner Regalado: R1r. Chainnan. Vice Chairman Gort: Yes. Commissioner Rcgalado: We need to set a time certain for three PZ (Planning and Zoning) items, Items 8. 9 and 11. This is a public hearing, and it has to do with Coral overlay and Southwest 81h Street overlay. Vice Chairman Gort: You want to listen after S o'clock? Commissioner Regalado: Six p.m. Commissioner Winton: Which ones are those, Commissioner Regalado? Commissioner Regalado: Eight, 9 and 11. Commissioner Winton: On the regular agenda'? Commissioner Regalado: And 10. I'm sorry. PZ. PT.. Commissioner Winton: Oh, P7.. OK. Thanks. Vice Chainnan Gort: 011, P!. items. OK. Commissioner Regalado: Yeah, yeah. This is about the ordinance on Coral Way and Southwest Commissioner Winton: Right, right. I remember that. Vice Chairman Gort: That's no problem. I'm sure we're not going to get to it before 6. Commissioner Regalado: No, but -- because we had a public hearing in Saint Sofia Church the other day, and we promised, Commissioner Sanchez and myself, that we'll be hearing this around 6 o'clock, because they wanted to participate. Vice Chainnan Gort: You left early yesterday. 20 July 26, 2001 =01911 E 3. AUTHORIZE INCREASE IN CONTRACT WITH MUNICIPAL CODE CORPORATION TO PROVIDE TECHNICAL CONSULTING SERVICES TO CITY'S CHARTER REVIEW COMMITTEE, $25,000, ALLOCATE FUNDS°FROM-NON-DEPARTMENTAL"ACCOUNT. Vice Chairman Cort: Item 1-A, I don't have anything at this time to discuss. 1 will have some later on. Commissioner Winton. Commissioner Winton: (INAUDIBLh:.) Vice Chairnian rout: Resolution to increase finds for consultant on the Charter Review and Reform from forty thousand to sixty-five thousand, an addition of twenty-five; thousand dollars ($25,000). Commissioner Winton: So moved. Vice Chairman Gout: It's been moved. Is there. a second? Commissioner Regalado: Second. Vice Chairnian Gort: Any discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Ayc. Vice Chairman Gort: Thank you. The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO, 01-756 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN TH1; CONTRACT WITH MUNICIPAL CODE CORPORATION TO PROVIDE TECHNICAL CONSULTING SERVICES TO THE CITY OF MIAMI CHARTER REVIEW COMMITTEE., IN AN AMOUNT NOT TO EXCEEI) $25,000, FROM $40,000 TO 565,000; ALLOCATING FUNDS THEREFORE FROM THE NON -DEPARTMENTAL ACCOUNT. 22 July 26, 2001 (Hage follows body of resolution, omitted have and on file in the Office of the City.Cleric j Upt ttdcondod by Commissioner l2aagah'&, the resolution was passed and ado qd l n ,. fallbwAdg ,tc� Onimissioner `ronta6 Regadado missioner Johnny L. Winton r d l a <� Vh* Chairman Wifredo Gort s 24 ('.: ti�tt� issioner Joe Sanchez �'� " r'wtntssaiOner1#htii':r �r . IN � s �� �b��j v4 ��,�'�i�tar� �...��,�3'S��u,�`�:;,, ,t�, �� „�' �',N` .6�w^.,t� 7 a - y,�x ri� ,� in��:��ia r`� � .le�s''�•1.� yl � rd F all, i } �7t 1 1 Willi I ,,..ns11 +2`i'Jf "s` r ,w ^}s�.' q' xa'd'*"�"K �: iM VM� ;n' � ii • 4. DECLARE EXEMPTION FROM PROHiBITIONS AND RESTRICTIONS CONTAINED IN SECTION 36-4(a) OF CITY CODE, AS THEY RELATE TO LEVEL AND HOURS OF NOISE RESULTING FROM WEDDING CELEBRATION SCHEDULED FOR OCTOBER 190 2001, AT 4055 DOUGLAS ROAD. Vice Chairman Gori: Item R. Commissioner Winton: This is -- Vice Chainnan Gert: lZequcst to extend the City's noise ordinance at 4055, Commissioner Winton: 4055 Douglas Road, for a wedding. And this is with the proviso, however, that if there arc any complaints from the neighbors, that the Police Department is authorized to shut down anything that's creating the noise. So it isn't a blanket exemption. It is -- we're assured by the family of this residence that's hosting -- that's having a wedding on that residence that they are not going to be disturbing their neighbors. But I have told them that if there arc complaints from neighbors, that the Police Department will he -- Vice Chairman Gut]: I'm sorry, go ahead. Commissioner Winton: If there are complaints from neighbors, that the Police Department is, in fact, authorized to close down whatever function there that's creating (lie disturbance to the neighbors, so... And so move. Vice Chairman Gort: OK. ']'here's a motion. Is there a second'? Commissioner Regalado: Second. Vice Chairman Gort: Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-757 A RESOLUTiON OF THE MIAMI CITY COMMISSION DECLARING AN EXEMPTION FROM THE PROIIIBI'fIONS AND RESTRICTIONS CONTAINED 1N SECT 36-4(a) OF THF CODE Oh THF' CITY Oh MIAMI, FLORIDA. AS AMENDED, AS THEY RELATi: TO THE LEVEL OF HOURS OF NOISE RESLILTINCY FROM A WEDDING CELEBRATiON SCHEDULE FOR OCTOBER 19, 2001, AT 4055 DOUGLAS ROAD, MIAMI, FLORIDA, WITH TILE CONDITION THAT SHOULD NEIGHBORS COMPLAIN, THF.. DEPARTMENT OF POLICE WiLI. FOLLOW USUAL PROCEDURES. 24 .luly 26, 2001 (Here follows body of resolution, omitted here and on file in the Orrice of the City Clc*.) Upon being seconded by Commissioner Regalado, the resolution was passed and adoptod fptlowing Vote. 4 AY'" R 117 "K"3 � s C'`oommissioner Tomas Regalado + Commissioner Joe Sanchez7'� 6 #� 7 Y Commissioner Johnny L. Winton > e � � �,�Vipe Chairman Wifrodo Gorr None PQmmWonerJoe Saw �iontiA1hor"� �?w E & A 1- •�FAU�� k ,and+"'`:�+ .5^p5 ar • i9, .�2r.', f "A ., � �� .. tE 'y�`s•�a'y't , �AMID i i �, r a / � l�,j.J" gra July -26.200t' • • S. SFT TIME CERTAIN OF DISCUSS1014 ON MUSIC FEST MIAMI (See #79). Commissioner Winton: And I have one last item, but I want to do that at 3 p.m. Commissioner Barbara Carey -Shuler will he here in that regard, as well. Vice Chairman Gori: OK. We'll hear that at 3 p.m. We'll wait for Commissioner Sanchez. Commissioncr Regalado. Commissioner Winton: Could I interrupt just one second? Vice Chairman Cort: Go ahead. Commissioner Winton: Linda, we're waiting to do the happy birthday celebration, waiting for the other two Commissioners. We'd like them to be here when we do that, so if you'll bear with us, please. Thank you. Vice Chairman Gort: Hopefully, they'll be here soon. But we have to get going. We have a long agenda today, and we have a lot of items, so it's going to take a long time. Thank you. Commissioner Regalado. Commissioner Regalado: OK. I am going to defer Item A, and Item B, and Item C. 26 July 26, 2001 0 • A. SECOND READING ORDINANCE: AMEND SECTIONS 6-5 AND' 6-41 OF CITY CQDE ENTITLED "ANIMALS/IN, GENERAUDOGS" TO INCORPORATE PROVISIONS SET FORTH IN FLORIDA STATUTES 'CONCERNING ChUELTY TO� ANIMALS ANIS .TO PROVIDE:FOR PENALTIES: Commissioner Rcgatado: There is a second reading ordinance. It's about -- to incorporate provisions of Chapter 828, the Florida Statutes concerning cruelty to animals, and to provide for penalties. So move. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and seconded. Any discussion'? Commissioner Regalado: Mr. Attorney, it's an ordinance. Alejandro Vilarcllo (City Attorney): Yeah. It's a public hearing. Commissioner Regalado: Yeah. Vice Chairman Gort: Any further discussion'? Being none -- Walter Foeman (City Clerk): Roll call. An ordinance entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 6/ARTICI.FS 1 AND 11 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ANIMALS/IN GENERALMOGS" TO INCORPORATE, THE PROVISIONS SET FORTH IN CHAPTER 828, FLORIDA STATUTES (2000) CONCERNING CRUELTY TO ANIMALS AND TO PROVIDE FOR PENAL'rIES; MORE PARTICULARLY BY AMENDING SECTIONS 6-5 AND 6-41 OF SAID CODE, CONTAINING A Rt PEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE: DATE. 27 July 26, 2001 miffliffas 0 0 passed on its first reading, by title, at the meeting of July 10, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by Commissioner Winton, the ordinance was thereupon given its second and final reading, by title, and was passed and adopted by the following vote: AYES Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton r + V e Chairman Wifredo Gort pp het NAYS: None ABSENT: Commissioner Arthur E. Teale, Jr 44 eta. 3 'CNS OR1 11rA1++iCE WAS flE$1GNAT'ED ORDINANCE NO, ,12092. , F , The ordinance was read by title into the public record by the City Attorney. _ �tysM AMU 014 `K K� iF 4 J h d lb pAi f' e, v: -:4, S �A y S � r r 3. RR".i 28 r r.: r Y �, tqx �, �+� a«' �� �'�+���� �trta^� Sb "oaf ✓ �n' }� �� �+ ti � SK y sK July 26, 2001 7. SET TIME CERTAIN FOR DISCUSSION CONCERNING AGREEMENT RELATED TO 1ACEWORKS,, LLC, CITY AND BAYFRONT. MANAGEMENT TRUST FOR -,`1kAPE/MOTOR-SPORTS EVENTS (See #'s 1, 44). Commissioner Regalado: Commissioner Sanchez is here. So if -- Vice Chairman Gort: No, go ahead and finish. Commissioner Sanchez, we went through the consent agenda. We pulled Item 14-A to the consent agenda. We've made changes on the item dealing with the -- what was that item where we made the amendment? Commissioner Winton: Mcvcn, CA -1 I. Vice Chaimtan Gort: Item 11. We dropped the expenditure no more than four -- it was four hundred and thirty. It comes down to no more than two hundred and thirty thousand dollars ($230,000). Commissioner Sanchez: Yes, sir. Vice Chairman Gort: Would you like to pull any items or reconsider any items? Commissioner Sanchez: No, sir. Just for the record, 1 want to state that I was late for a family matter that I had to take care of this morning. I would like one item to have a time certain. That is the Raceworks, the race at 5 o'clock, if possible, time certain. Vice Chairman Gort: No problem. 5 o'clock. OK. 29 July 26, 2001 • 8. INSTRUCT MANAGER TO DIRECT MIAMI POLICE CHIEF RAUL MARTIN?EZ TO i ESTABLISH POLICY OF "MAXIMUM TOLERANCE" FOR PEACEFUL DEMONSTRATION(S) DURING UPCOMING LATIN GRAMMY AWARDS CEREMONY. Vice Chairman Gum Go ahead, Commissioner Regalado. Commissioner Regalado: OK. I have some items, but since we Ime people in the audience that are part of this agenda, I would like to jump over and proceed with Item IL This is a discussion concerning the Grammy ceremony that is going to be held in American Airlines Arena on September Ilse 12'x'. Also, with what I think is going to he a pre -Grammy ceremony in the Coconut Grove C'onvcntion Center, A group of'politicul prisoners and Cuban exile organizations have requested to be heard by this Board regarding their plans to demonstrate and to request from this Hoard the support of the authorities. do I will have -- Emilio. Emilio Izquicrdo: Good morning. My name is Emilio lzquierdo. Jr. I am here representing the block of the Cuban political prisoners and the Cuban exile organization that gave us support. Honorable Commissioners of the City of -Miami, it day like today, 48 years ago, was created the most infamous movement in the history of the Americas that since 1959 has rudely ruled Cuba, our country of origin. We, the political prisoners of that regime, are represented here to express to this Commission the following: It is unacceptable the participation ill Miami of artists representative of that regime to an event like the Grammy, with the only purpose of utilizing the art for their political gains internationally. We oppose any kind of effbas that would favor and generate funds to a tyrant that by sheer (L'NINTELLIGIHI.I:) violated the most basic human rights of our people. As it is recognized and sanctioned by the United States -- Nation I Iuman Rights Commission that is also important to remind this Commission that we are referring; to the sante authoritarian regime that poses a great menace to the security of the American people. It was demonstrated in October crisis in 1962, when it was ready to perpetrate it nuclear attack to this country. The downing of American planes in intemational wafers and the introductions of spies that were sanctioned by the federal court. Our only purpose Iters today is to express, in the most strongly tenn under our constitutional right, the presence in our City of official artists as servants and instruments of that criminal regime. We, as representatives of the Cuban political prisoner block and the organization that support us in this matter, respectfully ask this Commission to instruct the Police Department of our constitutional rights to peacefully demonstrate and to restrain to use unnecessary force, as it has done in the past. With your permission, 1 want to speak in Spanish, equally. Commissioner Regalado: Go ahead. (COMMENTS HAD IN THE SPANISII LANGUAGE) Mr. Izquicrdo: Thank you. Muc•hus gracius. Commissioner Regalado: OK. Thank you. And just for the record, these are representatives of more titan 30 exile organizations, and they un -- publicly, they're advocating for a peaceful protest in front of American Airlines Arena. They do not associate with any calls for any problems that could arise to interfere with this event. These people, who are orgunized, very 30 July 26, 2001 organized, are asking for the cooperation of the Miami Police Department. Once this Commission directed the administration to instruct the Chief'of Police to establish -- and this was afler the fact of the Clian Gon7AIe7 issue -- a policy of maximum tolerance in response to Lill earlier policy of zero tolerance. So my motion will be to request the City Manager to instruct the Police Department to establish a policy of maximum for peaceful protests during the Grammy event in the City of Miami. Carlos Gimcncz (City %Manager): Yes, sir. Commissioner Winton: I'll second the motion. Vice C'hainnan Gert: Commissioner -- I'm sorry, go ahead. Discussion. Commissioner Winton: And -- but with -- but I want to emphasize a few words that you chose to put in that paragraph, Commissioner Regalado, and that is maximum tolerance for peaceful demonstration. 'Phis country -- Commissioner Regalado: Absolutely. 'Chat is the wording of the resolution. Commissioner Winton: Right. And this -- Commissioner Regalado: And, Joluuty, I said that these groups do not associate with any cause to interfere with -- Because I was talking to the Chief last night, and there have been, you know, people that have said, well, we're going to do this, and do that. These people, their purpose is to peacefully demonstrate in front of the American Airlines Arena. Commissioner Winton: .And that right is ah.solutcly protected by our Constitution. And we welcome the right (if peaceful dissent on ally issue Out there, and think it's great that you're coming forward with the full intent for peaceful demonstration. And 1 would further hope that if' your organization secs people from somewhere else that are more interested in non -peaceful demonstration, that you play a role in helping the Police police the entire effort, so that the bad guys can't tarnish your good name through your peaceful demonstration efforts. So we hope that you can help us in that regard. Vice Chainnan Gorl: Gentlemen, if I may. I believe I was the only Commissioner here during the Summit of the Americas. If you all recall, people were talking about they were going to have major demonstrations to interrupt that Summit to take place. And fortunately, we worked with organizations. Our Manager, our Police and 1 was involved in working will► all the different -- And they did have the demonstration. It was a massive demonstration. They had over 120.000 people, and it was very well done. It was very peaceful. We didn't have any incidents. So my recommendation is, Conuuissioner Regalado, I think you're right, and i think the Chief and the Manager should wort: with not only this group, but all the other groups to make sure that it's done correctly, And I'll be more than glad to work with you on that, Chief, and anyone else. Raul Martinez: Commissioner, if I may. Raul Martinez, Chief of Police. The job of the Police Department is to facilitate their right io demonstrate, ,just like the right of the Latin tdrammies to 31 July 26, 2001 0 • have the event here. I have, and I will, and I will continue to meet with all the groups so we know where we stand. We'll give them a specific area where they can demonstrate, and we'll be glad to be there with them, and it'll be a safe, peaceful event, like all the other events have been. Note for the Record: Commissioner Teele entered the Commission chamber at 9:40 a.m. Vice Chairman Gort: Thank you. Is there any further discussion? Commissioner Regalado: OK. So the motion will be to direct the City Manager to instruct the Chief of Police to establish a policy of maximum tolerance during the Grammies demonstration. Vice Chairman Gow All in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 01-758 A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT MIAMI POLICE CIIIEF PAUL MARTINEZ TO E'STABLISII A POLICY OF "MAXIMUM T'OLFRANCE" FOR PEACEFUL DEMONSTRATION(S) DURING THE UPCOMING LATIN GRAMMY AWARDS CEREMONY. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Tcelc, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None 32 July 24, 2001 9. COMMENTS REGARDING DEFERRAL OF REQUESTTO MOVE FENCE IN BLANCHE PARK (Seo Ws 1 and 28).—,-- Vice 8).`_Vice Chairman Gort: Coin missioner '1'ecle, we went through items in the consent agenda. We pulled Item 14-A. We also pulled Item 14. Item 2-S was pulled also -- S-2, t mean. Is there any one item that you'd like to pull from the consent agenda? Commissioner Tccic: Was 14 pulled? Vice Chairman Cort: Yes, sir. Commissioner Winton pulled Item 14. Commissioner Tecle: Commissioner Winton did? Why was 14 pulled'? Commissioner Winton: 13ecause the individuals that wanted a public appearance have asked for a public appearance on three separate occasions. The people who wanted Dog Park to stay as it is have brought their people here on three separate occasions. At the last minute, the group who was opposed to it cancelled their appearance before this Commission. So there's been a clear pattern of total confusion on their part. And frankly, 1 havc no interest in being a pant of that. And we're going to finish the modifications that the Manager committed to Dob Park, and then there's nothing lell to talk about. Cornmissioner Tecle: No, 1 -- Commissioner Winton: If they want to come back in -- Commissioncr Teele: i apologize. 1 was talking about the 7`h Avenue. Corridor, 14. Commissioner Winton: Oh, no, no, no, no. No, no. No, you -- that's 14-A. 'There's a regular 14, and then there's a 14-A. Commissioner'fecle: Fourteen was file 7"' Corridor -- 7"' Avenue Corridor. Commissioner Winton: No. no. Fourteen-A probably is. Vice Chain-nun Gort: My apologies. Fourteen-A. Commissioner Winton: Oh. Did I -- did we mess it up? Vice Chairman God: No, no. Fourteen-A. Commissioncr- Tcele: Well. my 14 is 7'1' -- Commissioner Rcgalado: Fourteen-A. We pulled 14-A. Commissioner Teele: Was 14 pulled? 33 July 26, 2001 • • Commissioner Rcgalado: "A." 'Chat's what we pulled. Carlos Gimencz. (City Manager): Both 14 and 14-A were pulled. Commissioner Teele: OK. He's saying 14 and 14-A. And I'm just trying -- Vice Chaimlan Gori: No, no. Commissioner Winton: No, no, no, no. 1 only moved to pull 14. Mr. Gimencz: The administration pulled 14-A. Commissioner Winton: Oh. Vice Chairman Gort: Oh. Commissioner Teele: Who pulled 14, Mr. Gimenez? Mr. Gimenez: That was Commissioner Winton. Commissioner Winton: Yeah. And 14 is Dog Park, at least in my book. Commissioner Teck;: No. My 14 is Southwest Avenue Corridor Study. Commissioner Winton: Oh. Commissioner Teele: What's the Clerk's 14? unidentified Speaker: That's CA -14. Commissioner Winton: Are you on CA -14 or regular 14? Commissioner Teele: CA -14. Walter l:oeman (City Clerk): Blanche Park. Commissioner Winton: No, no. We're •- regular Agenda Item 14. Vice Chairman Gort: Regular Item 14. Commissioner Teelc: Some people never get the word. Ten percent never get the word. All right. I apologize. Commissioner Winton: No problem. Commissioner Teele: Yes, l have no problem. No. I don't have a dog in that fight. 34 July 26, 2001 IQf>♦f[fl6 FVfDEO0INSTRUCT CT Y MANAGER TO DIRECT DIRECTOR OF NET 9 TO MAKE COPY OF TAPE OFNDA COLLINGSWORTH AND REPRESEN?ATIVFS FROM ORANGE BLOSSOM INITIATIVE, WHO APPEARED BEFORE COMMISSION ON THIS DATE IN j CONNECTION WITH HAPPYBIR711DAY, Af1AAf1FESTIVITIES PRESENTATION. Vice Chairman Gort: We have a group of -- Commissioner Winton, you want to introduce the cake, birthday cake'? Commissioner Regalado: I still have sonic items. Vice Chairnutn Gott: 011, I'm sOtry. Go ahead -- Commissioner Regalado: No, no, but go ahead. Go ahead, Johnny. I'll just -- Commissioner Winton: Great. Vice Chairman Gorr: We have all the Commissioners here. Commissioner Winton: And we do have all the Commissioners here. And this is a birthday celebration for the City of Miami. And we have I.inda and Arthur Hertz here, representing the Orange Blossom initiative, which is an effort to create additiunal historical markers in the City of Miami, and they've been generous enough to recognize the City of Miami's 105`x' birthday, which is coming up this Saturday. And they have brought a cake and a icw words to us to celebrate the City's 105°i birthday. So, Linda. Linda Collins Hcrtz: "Thank you. I'm Linda Collins Hem, And participants of the Orange Blossom Initiative are here. And all we're here is to wish Miami a happy hirthday. Publix, at Brickell Village, has donated the cake, and it's for everybody who wants sonic cake- We have plates, and forks and whatever you want. If you look at the cake, it's got the orange blossom, and it's also got the City seal. And I just wanted us to really recognize Miami. And I want to introduce the participants, if I could. We have Ann Chettaway, we have Claudio Pastor, Charlie Patterson, Mark Andre Schmidt, Diane Freeland, Nadine McConnic, fatty Adkinson, Grant f.ivingston. And Ail Heil/ is here. Fle's a businessman. And Dr. Paul George is floating around, making a phone call, because Dr. Paul George is our inspiration for this. And Art I lertz is our overall advisor. And we will he bringing it resolution before the Commission in September. We're not asking, for money. We only want cooperation to put the markers that will signify Miami's history. We have with us a folk singerihistorian -- yes. Vice Chairman Gort: is Art going to sing'? Vis. I lctlz: Very low. Very softly. No. Grant Livingston is it local historian and singer. He's going to sing, if you have three minutes for one small song; -- Commissioner Regalado: Of course, we do. Ms. Ileru: -- about Miami's birthday. And happy birthday. Thank you 36 July 26, 2001 • Grant Livingston: Stating my name and address, I'm Grant Livingston, 3177 Mary Street, Coconut Grove. A story about Julia Tuttle and Henry Flagler. (GRANT LIVINGSTON SINGS) (APPLAUSE) Mr. Livingston: Thank you. Thanks. Thank you. Thank you. 1 was asked to do one more short song, which you know the words to. (GRAFT LIVINGSTON SINGS) (APPLAUSE) Vice Chairman Gort: Mr. Manager. can we have the -- we can put -- Ms. Hertz: I don't know how you want to do this. Vice Cliainnan Gout: We would like to put it outside. Ms. Hertz: Yeah. Vice Chairman Gort: We have a long agenda, a lot of items to discuss. Ms. Hertz: That's what I thought. Vice Chairman Gort: So that would be very interruptive in here, sec. Ms. hertz: OK. Thank you very much. Vice Chairman Gort: Could we get someone to help? Commissioner Regalado: Mr. Manager -- Mr. Chairman. Vice Chairman Gort: Yes. Commissioner Regalado: I would request that the Manager direct Net 9 to make a cassette of this ceremony to all the wonderful people that came here, and took their time, and their enthusiasm, so they will have -- Commissioner Winton: Great idea. Commissioner Regalado: -- a memento of the happy birthday ceremony. Commissioner Teele: Second the motion. 37 July 26, 2001 'BBMjK Ms. Collins 1 lertr.: Thank you very much. Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 0l -759 A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT THE DIRECTOR OF NET 9 TO MAKE A COPY OF THE VIDEOTAPE OF LINDA COLLINS HER'I7 AND REPRESENTATIVES FROM THE ORANGE BLOSSOM INI'T'IATIVE, WHO APPFARED BEFORE -1.1IE COMMISSION ON THIS DA'TF. IN CONNECTION WITH THE IIAPPY BIRTIIDAY, MIAMI FESTIVTI'IFS PRESENTATION AND SEND THE VIDhO TAPE TO SAID GROUP. Upon being seconded by Commissioner 'Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur F. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Pone Vice Chairman Gort: 'Thank you very much. Commissioner Winton: 'Thank you very much. Collins Hertz: Thank you. Happy Birthday. Commissioner Teele: Mr. Chairman, Mr. Chairman. Vice Chairman Gort: Yes, sir. Commissioncr Teele: Before you leave, ma'am, I would just only like to say that the history of Miami, 1 think, is very important. And I also think it's important that it would be somewhat historically correct. And there's a series of discussions -- in fact, I was with the Planning Department ,yesterday talking about the exact issues of Nor. Plagler, and we sort of brought him 38 July 26, 2001 am= out of St. Augustine. You brought hitn out of Palm Beach. So we've got to figure out where he really jumped off from. But, you know, the history was not a beautiful history for everyone. But one of the things that we'd like to try to do, particularly, as we are talking about the 9'h Street Mall extension in the CRA (Community Redevelopment Agency) Overtown area is to get your participation and others, in helping to vision what an authentic railroad station would have looked like and, possibly, you know, we're talking about maybe constructing one as a tourist attraction there in our Park West/Overtown area. And we'd certainly like to just sort of implant that in your minds. And so any historical document -- we've asked the Planning Department and our Historic Division, Sarah Eaton, and we'd certainly invite you to work with us. i think it's high time we had a railroad, an 1890's railroad station in Miami, a place where people can go. Ms. I lertz: Dr. Paul George is our advisor, and I'm sure he will help us along the way. We have a list of about 31 sites on which we want to erect markers. Commissioner Teele: And as you are aware, the City and the Black Archives and several other organizations -- Ms. Hertz: Yes. I've spoken to Dot Fields. Commissioner Tccic: -- will he working this weekend. We have a parade, I think, an affair tomorrow at the Tower "Theater, and another affair at the Lyric Theater on Saturday at noon. And so we just want to welcome you and all of the participants of your organization, and tell you thank you for the thought. Ms. Hertz: Thank you. Vice Chairman Gort: Thank you. 39 July 26, 2001 11. TABLE CONSIDERATION OF DISCUSSION CONCERNING SALE OF PROPERTY TO METRO -MIAMI COMMUNITY DEVELOPMENT CORPORATION (See 042). Vice Chairman Gort: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. And one of the items still pending is the sale of the property to Metro-Mianli Community Development Corporation. 1 think it was about two years ago that the City Commission decided to sell -- not give -- sell for more than a million dollars ($1,000,000), 1 think, this property to this base organization. And the contract was in the Cily Attorttey's, and then in Community Development, then -- excuse nre -- other. So I don't really know what is going on. And they have entered with some architects and all that. They have spent a lot of tuoney planning, doing stulf.. And I just want to know what is happening on this issue, nlayhe the City Atlorney or the Manager, because it's been -- 1 ntcan, 1 don't know if they already paid the City. I don't know if the City got the money, if we ever want to sell that property, if we don't want to sell the property, if file administration doesn't want dlcse people to build that building. I just don't know what is going on. And because I don't know what is going on, and I thought that the Commission had said something and directed the administraflon, and we forgot about it, it's been, I think, two years. So Mr. Attorney, can you -- Alejandro Vilarello (City Attorney): Commissioner. I guess I would refer to the most recent history, which is that the agreement had lingered back and forth between the developer, and Community Development and my office for it period of tinge, and it looked like it wasn't going anywhere. Some time in June, we Nacre alerted to the tact that they were still interested, and the agreement was pending. And at that monlent, we redraticd the agreement ill accordance with our understanding of the City C'ommission's resolution and provided it to Community Development. That was some; tittle in .lune. I offered to sit down at the convenience of the developer and/or Community Development. I have not gotten any contact back since June 12"'. Commissioner Regalado: So I don't -- i still don't understand, because they kept asking us, 1 think, and I don't know why the delay. I mean, a price was established. I remember that when we discussed that, it was Dena, not the Community Development, that did all the talking. And don't know if she's here or not. Carlos Ginlencx (City Manager): Deua's not here today. Commissioner Regalado: OK. I remember, because I think that this was a year and a half or two years ago, that there was some reluctance on her part to sell the propctly or something like that. Vice Chairman Gort: My understanding, Commissioner Regalado, we made a motion, and we -- Asset Management agreed to it price. And my understanding was that it was to build 300 and some condominiums for sale, not tier rent, because one of the things we talked about is we want to see 75 percent of our funding going to ownership, rather than rental. Now, Asset Management was supposed to he working; with these individuals, and there was it price set, and they were willing to pay for it. 40 July 20, 2001 110TOW Barbara Rodriguez: Barbara Rodriguez, Department of Community Development. In April 3ra, the contract was t•ansfctTed to Community Development from Asset Management. On June 12'', we provided Metro -Miami Community with a contract. "They did call up, and they did say that they did have some problem, because they felt that this was the same contract that was provided to them a year ago by Asset Management. We have met with Metro -Miami on numerous occasions. We are waiting for them to detail their concerns. Their concerns are basically that part of the language in the contract states that they are responsible for the environmental, for the past, present and future. So they had sonic concerns (here. They also had concerns that in the last time that this was taken to the Commission, we have sonic wording where Dena Bianchino mentions (hat they had to have full financing fur the transfer of the [and. At which time they can't pursue financing, because they need to have the ]and under their title, so that we would have firm commitment. So these are sonic of the conversations voing on between Metro-Miarni and ourselves. We have not received any written correspondence detailing the types of eoncems that they have in (lie contract. But they have expressed, the last time we met, that they are concerned, because it's the same contract where they dealt with the Law Department for approximately a year, and they don't -- there's sonic language that they do not agree with. That information has not been provided in writing. Vice Chairman Gott: OK. Commissioner Regalado: OK. Mr. Gonzalez, two simple questions. Angel Gon7alez.: Good morning, Mr. Chairman, Commissioners, Mr. City Manager. Commissioner Regalado: I got a question. I got a question first. Vice Chairman Gort: ket him -- give your name and address. Mr. Gonzalez: Yes, sir. Angel G0117a1C%, 1455 Northwest 32n0 Avenue, Miami, Florida. Commissioner Regalado: OK. First question. Mr. Gonzalez: Yes, sir. Commissioner Regalado: Do you want to build that building'? Mr. Gonzalez: Yes, sir. We've been trying to build 423 units, homeownership, affordable housing. And we've been trying to accomplish this project fbr the last three years. About a year and a half ago Metro -Miami -- and let me establish my position with Metro -Miami. I'm providing -- I'm the Executive Director for Allapattah Business Development, and having a little bit of experience in building housing and providing some technical assistance and coordination to Metro -Miami. About a year and a halt: they got a contract, which was a contract to buy probably the entire downtown section of ([to City of Miami; not to buy a contaminated piece of land. After that, we came before this City Commission, and we couldn't get anything established. At the third meeting in this City Commission, hack in October of 2000, the Commission passed a resolution where -- that was very simple, very clear, and it only had three 41 July 20. 2001 • conditions, OK? The resolution was to transfer the land to Metro -Miami Community Development. And the conditions were that the construction should commence within 24 months from the date ofcontract execution on the subject parcel or should reverl back to the City of Miami. At the end of the 24 -month period, Miami Community I)cvelopmcnt shall pay one million and folly -five thousand dollars ($1,045,000), less cost of cleaning up, as approved by Miami -Dade Department of Environmental Resource Management. No other default stipulation should he made. It's very clear. No other stipulation should be made. I want to emphasize here That Community Development has been very diligent and have done everything; that they can do in order to make sure that we fact this piece of land and start building. OK? So I can't blame Community Development from doing anything. I mean, they've been cooperative. They've been -- We have met three or f6ur times. But Svc still have a problem with the contract. I nmean, they are giving Its a Contract with a whole bunch of different stipulations and terms, contrary to the resolution of this City Commission. This City Commission established what should be done to transfer this land to Metro -Miami. Once it got to the Legal Dcpatlment, it New up out of proportion. Now, at this point, I \vas going over to the agenda yesterday. And as 1 said at the :ast time that I was here, Metro-Nlianti hasn't asked fimr any fees to be waived. They're paying the land. They're not asking to be forgiven anything, contrary to all of tlrc other developers in the City of Miami. OK's They haven't asked for it penny for the organization. And they've been ,I)ombarded with paperwork, and contracts, and stipulations, and clauses, you know, which is ridiculous. And 1 luoked at agenda last nighl, and 1 scc that here in this Commission today, \kc're going to discuss granting a group of downtow n nine hundred thousand dollars ($900,0410) as a grant -- as a grant to build sonic affordable housing. We're alsu going -- you're also going to be discussing about giving; a group in Allapattah for the Miami Stadium two hundred and filly thousand dollars ($250,000) to build affordable housing!. What is the problem`' What is Ilene problem with this group? Is there something -- let's put it on the table. Let's put it on top of tlu: table. What is the problem that we keep obstructing; these people front building 423 units for needy people in the Allapattah area? C'omnmissioner Winton: Lxcuse tne, tIMr. Chainnan. Angel, we can't answer that question. 1 don't know what the problem is. Seems to the that the process that you're attempting here is partially backwards. We don't know what the problem is. You need to put something; in writing that suggests -- that identifies very specifically what the remaining issues are that are on the table. I have no idea what they are, and I'm not going to figure it out from here today. Mr. Gonzalez: Commissioner -- C'omnmissioner Winton: But you have to put it in writing, so that we know what the specific issues are, because there are policy implications. We set general directives. We count on the Legal Department, Asset Management and CD (Community Development) to protect the City's rear end. 'That's their job, once we set general policy directives. Now, there will be tunes, clearly, when, through that negotiation process, there's a stalemate, because it doesn't work right for both parties. At that point, that stuff should come back to the Commission so that we can :Hake policy decisions, understanding what the riskircward relationships are between the two points, and then we can make a decision. But Absent that, we're not in a position to make a decision. I don't know, from what you're saying right now today, and I wouldn't know today armless we spent two hours really digging into it, what the implications are of whatever those 42 July 26, 2001 �I�I�HI► c. — points are. So you would help us imruensely. Angel, if y'all did have something in writing that absolutely identified each of the points, that then we would have something that we could look at, and deal with and make policy decisions about. Commissioner Regalado: If I may, if 1 may. Vice Chairman Gort: Wait a minute. Commissioner Regalado: You know, Commissioner Winton is right, we set the general policy. But this is -- I think that the major glitch here is something that was said or the desire of a member of the administration, and 1 think it was mentioned by Barbara, that in order to get the land, you need to have frill financial -- %khatever -- credit. But for them to get the full financial, they have to have the land. So that is the glitch here. That is a simple thing. That is a policy decision. So I say, let's do a motion to tell the Manager, OK, Mr. Manager, if they have the money to buy, if they complied with everything, let's give them the land -- let's sell them the land, so they can have the full financial. 1 mean, to eliminate that Catch 22 situation that they are caught on, because if they don't have the land, they don't have financial. if they don't have financial, they can't have the land. It's a pretty bizarre thing. So I would say that it's a policy decision. Commissioner Winton: i would second the motion with a friendly amendment to that motion. And the friendly amendment is that there be a reverter clause put in this transfer of land that gives the developer a time certain deadline -- Commissioner Regalado: Yeah. I think there is. Commissioner Winton: -- to get their financing put together. And if the financing doesn't get put together within that time frame, the land, title to land automatically transfers back to the City, so that we don't end up handing it over to a private entity development group that, for one reason or another, can't ever get it done. It can come back to the City. Commissioner Regalado: It's in the original think. Vice Chairman Gori: That was the motion originally. Tor. Gonzalez: Commissioner, that's your resolution from -- that's your resolution from last year. That is your resolution from last year. Commissioner Winton: Oh. Mr. Gonzuilez: That's exactly your resolution from last year. And it has taken another ten months. 1 mean, you know, how -- What can he done? 'The only solution that I can see is that, you know -- Commissioner Regalado: OK. So we have this -- 43 July 26, 2001 alliffiEde 0 • Mr. G01174le7: We should he standing here and ask you to give us the land. Commissioner Regalado: is it OK with you, Mr. Manager, Barbara? Ms. Rodriguez: Commissioner Regalado, let me mention the issue, also, is that we need to transfer the land, and then they will get the commitment. They do not have a mullion dollars (S 1,000,000) to give to -- a check to the City to offset the environmental. We transfer (lie land -- Vice Chairman Gort: But listen. Listen to the motion. Listen to the motion. The motion says, if they don't pay within 24 months, it Moes back to the City. Ms. Rodriguez: OK. "That's -- that's OK. Vice Chairman Gort: And my understanding, Mr. Attorney, we can have that kind of document, correct? Mr. Vilarello: Correct. Vice Chairman Gort: OK. There's a motion. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Any further discussion'? Commissioner Teelc: Yes, sir. Vice Chairman Gort: Commissioner Tcele, Commissioner Teele: Thank you, Mr. Chairman. t would appeal to Commissioner Winton and the Commission to understand that I've been here for three years and about seven months. And this process is the rule, not the exception. And everything is a problem. And 1 agree with you. We're here to make policy. But we're also here to ensure that the policies we make are carried out, and we can't abrogate that responsibility. So, personally, I'd like to defer this item to the end of the day, and have the management to conic in here today and tell us exactly how they're going to solve the problem. You know, these thinks have a way of going on, and going on. We're going to he out till August. Then it's the budget hearing. And, you know, this is soil of like the billboard stuff. Sec, the staff is getting like the billboard people. They know if they can just wear us down long enough, it'll he August. We're not going to do anything in August. In September, we certainly aren't going to deal with any complicated, convoluted issues. We've got budget. And then you've bot October, and everybody's into politics. And before long, we're back into November. And, you know, there's a very short window, really, when we can do things. So the time is now. I mean, this has gone on long enough. And so, respectfully, 1'd like to bring this item back up at the end of file day and see if the Asset Management, and the Law Department and Community Development can meet with the corporation and sec if we can come closer to a decision. There's no time like the present. And so I would respectfully like to move - 44 July 26, 2001 Vice Chairman Gort: Good idea. Commissioner 'reek: -- a delay till about to the end of the agenda, and then let's see where we arc at the end of the agenda. Commissioner Sanche7.: Well. there's a motion and a second. Commissioner Teele: But a motion to delay -- to table always takes precedence. But, Mr. Attorney, I'll let you rule on the Reed's Rules of Order. What rules of order do we have? Alejandro Vilarcllo (City Attorney): You have Mason's. Commissioner Sanchez: Maker of the motion retracts? Commissioncr Teele: Mason's Rules of Order. Commissioner Sanchez: You're going to have to withdraw your motion, Johnny. Commissioner Regalado: 1 don't have any problems. Commissioner Winton: Nor do I. Mr. Vilarcllo: Motion's -- Commissioner Teele: He'll withdraw his motion. Commissioner Winton: But Angel ntay not want to be here at midnight tonight. Vice Chairman Gort: Yeah, he'll he back. Commissioner Teele: But he'd rather be here today than have this thing go on for the next 45 days. Commissioner Regalado: Right, right. 1 mean, you know, if they have to, they have to. So, you know -- Mr. GonzAlez: I have no problem being here until tomorrow, if 1 have to, but I want this issue to be resolved once and for all, because, you know -- Vice Chairman Gort: Angel, that's what we're doing. Mr. Gonzilez: -- the administration has been playing with us for three years, acid it is enough. OK? Commissioner Winton: I think that's what they've just suggested. Angel, I don't -- 45 July 26, 2001 -IZ1PM)WO• Mr. Gon7AIcz: There's a lot of people that conic here before this Commission, and they get the world fbr free. Commissioner Winton: 1 think its getting a lecture, you're -- I think the suggestion was here that we do that, and now, we're getting lectured again. I mean, i don't understand that part. Mr. GonvAlex: All right. Commissioner Rcgalado: OK. Vice Chairman Gori: OK. See you later. Mr. Gonzilez: Do you have an idea, more or less, at what time this item is going to be called again? Commissioner Rcgalado: Late. Late. Commissioner Teele: Well, any time after 5 o'clock. after the Motorsports federal case. We'll take it up right after that, if you all are ready to go forward. Mr. Gonzfilcz: All right. Commissioner Regalado: But we have a P7. (Planning and Zoning) item that is certain, time certain at 6, just for the inforniation. Commissioner Teele: Well, that ain't going to happen at 6. We brought -- What time do we do the Motorsports thing, 5? Commissioner Sanchez: Dive o'clock. Commissioner Teele: That's going to go on till 10 o'clock tonight. So here we go. Commissioner Winton: That's why 1 said midnight. That's why 1 said midnight. I'm preparod to order Cuban coffee late, and I'm prepared to he here till midnight or 2 o'clock in the morning. Commissioner Teele: Well, just order a double. Order two. Vice Chairman Gort: Gentlemen, we have a long agenda. Let's defer this. All in favor state it by saying "aye." The Commission (Collectively): Aye. 40 July 26, 2001 nR�y�w The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-760 A MOTION TO TABLE CONSIDERATION OF AGENDA ITEM DISTRICT 4- E (DISCUSSION CONCERNING SAIX OF PROPERTY f0 METRO -MIAMI COMMUNITY DEVELOPMENT CORPORATION) UNTIL. THE END OF TODAY'S MEETING, ANY TIME AFTER S P.M. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr... . Commissioner Johnny L. Winton Vice Chairman Wifredo Gort ' NAYS: None ABSENT: None Vice Chairman Gort: We'll see you later, and we'll have a resolution. What also? Commissioner Rcgalado: OK. Mr. Chairman. I'm going to defer Item G, because I already spoke to Marva Wiley about this item, so it's no need to discuss. 1 hope that she will report back to the Commission. • 12. DISCUSSION CONCERNING CONSIDERATION OF IDEAS FOLLOWING DEVELOPER'S SUMMIT; MANAGER TO CONTINUE TO FINE-TUNE PROCESS AS iT RELATES TO SIMPLIFYING PERMIT PROCESS TO ENCOURAGE DEVELOPERS TO SHOWCASE THE CITY AND INCREASE TAX BASE. Commissioner Regalado: But in hent F, file last one, I do have sonle ideas that i salt to the Planning; Department. What C'otnmissiuner Sanchez did several months ago was a great idea, but we need to follow up. We need to implement, not the policies, but the ideas that were expressed in that meeting there. i have heard from developers that they would like to sec more cooperation in terms -- and this is the point. And all of'you know business. l have not heard any complaint of any developer about the amrnmt of dollars that they have to pay for fees, or planning, whatever. '1 -he only complaint is time. And they would -- they love to work in Miami. But there seems to be a problem with tine. Come back ton►orrow, or be hack tomorrow or bring back tomorrow. Vice Chairman Gort: Commissioner Regalado, please, let me interntpt you. Can we get somebody to get the meeting outside to move some other place? Sony. Go ahead, Commissioner Regalado. Commissioner Regalado: So anyway, I have -- just to mention, it's a long agenda. I don't want to hold this meeting. But 1 have sent the -Manager and Planning, sonic ideas, minor, minor changes in the ordinance, and I wish that we have that on it public hearing; coming September, so we can discuss and have the input of the industry and the people. OK. So that's it. I'm done. (onlmissionet-Sanchez: Mr. Chairman. Vice Chairman Gort: (commissioner Sanchez, your turn. Commissioner Sanchez: Thank you, Mr. Chairman. The sumnlit, which I consider an historical event for the City of Miami, opened up the way f'or us to not only showcase the City of Mianli and fOCtrS on a process that send out not only to local, national and international developers that Miami was willing to simplify the process, work with developers, sent out the message that we would be a more friendly City to work with developers. Well, let me tell you, certain things have happened along; the way that I think have hurt that message that we sent out. And a perfect example was the one that we just heard a little while ago, because the process is complicated. 01 course, the City has to look out for its best interest. We have to do things to make sure that things are done right. lout the message that we sent out wrs a clear message. We all know that the City of Miami will survive only through big; developments, world-class developments that are going; to cone to our City. We're proud to say that we now have live five-star hotels in our City. It doesn't take much for you to drive around our City and see major projects that are going up that bring in it stream of revenue to our City, that will enable us not only to reduce taxes, but also to showcase the City' and pill the City in a position that one day, we will not be the fourth poorest City in the I Inited States. So what the administration has done, which I commend, in a wav, was that we were able to simplify the process in many ways. But in uthrr ways, we have not. And we could always break it down and have a developer who's going to bring; in millions of dollars to our community, and then we have the resident who goes out there to get a permit, 48 July 26, 2001 and has to pay seven hundred dollars ($700) for a shed, seven hundred dollars ($700) for a permit to put an awning. You know, if we're going to focus on one end of the aspect, let's focus on both. And l think that by creating the certain things that we have been working on -- and one of our major objectives in that summit was to create a process where we would simplify. Developers don't mind paying for it. 'They've made that statement over and over and over. Create a department where to get my permits, it will not take me six months to nine months, or whatever the time frame may he, and simplify my process, because to me, time is money. Now, there arc two sides to every mountain. And i think that the legislative body Isere that we have has to balance it out to -- One is, do we do whatever we can to develop this City'? And the other is, we have to balance it to make sure that it's done right, that there is no favoritism, that there is no cutting corners, that later on may conic back to hurt us. But I think we're seeing it now with certain things that we're doing -- Planning and Zoning and some of the things that are going on. But I still encourage the City administration to continue to fine tune that process that we sent out, that mission that we send out, which not only did we invest money, but the private sector also invested money, which was something that we're very proud of, although we got criticised by sonic people. ']'here were at one time two entities, the public and the private sector, working together to come to a solution. I think that most of the problem here in our City boils down to one thing, sometimes tack of communication, lack of sitting down and working out the issues and coming to an agreement. 'Thank you, Mr. Chairman. Commissioner Regalado: I'm done. Vice Chairnian Gorl: At one time, when we had that committee, they worked with the Building Department, you did sonic changes, and one of the things we talked about is those major developments are willing to pay extra if you need to hire someone outside just to deal with that one development. But at the same time, the process -- and this is one of the memos I sent to you -- the process of the little permits, where you don't have plumbing, or electric or all that could he handled through the NET (Neighborhood Enhancement Team), like the sheds and things like that. 49 July 26, 2001 I3. ADMINISTRATION TO ADDRESS TIMELINESS OF CLOSING WORKERS' COMPENSATION CLAIMS; TO HIRE EXPERTS AS WELL AS INDEPENDENT PHYSICIANS TO DETERMINE WHEN INJURED EMPLOYEES SHOULD RETURN TO WORK; TO DEVELOP INCENTIVE POLICY FOR DEPARTMENTS TO AVOID INJURIES; TO FOCUS MORE ON REDUCING ABUSE THROUGHOUT OUR ORGANIZATION. Vice Chairman Gort: 0K. Commissioner Sanchez.. you're on. Commissioner Sanchez: 'Thank you, Mr. Chainnan. I have two items. One is the item that is always high on my list of top priorities, and that is workmen's comp. i just would like an update exactly where we're at, and then 1 would reserve five minutes for questioning and some statements that I would like to make, Mr. Chairman. Mario Soldevilla: Mario Soldevilla. I'm the Administrator for workers' conip or Risk Management. Commissioner, you had asked several questions to be responded to, in terms of the number of claims that we have, the number of claims that we had closed, where we are at now from where we initially started. Back in 1999, when we first started out, since then, we have closed over 2,202 claims, and we have picked up an additional 1,457 claims. Currently, we have 1,589 claims that are open. Vice Chairman (jorr Mario, let me ask you a question. Mr. Soldevilla: Yes, sir. Vice Chairman Gort: 'Those new claims, which departments and what percentage do you have? Mr. Soldevilla: The breakdown in terms of claims, the majority is from Police Department. Police represents probably approximately 50 percent of the new claims, also of the claims that are open. lire Department is approximately 23 percent. Solid Waste is around 15 percent. And the difference is all the other departments in the City. Vice Chairman Gort: Right. My question to you -- Commissioner Sanchez, if I may. Commissioner Sanchez: Yes, sir. Vice Chairman Gort: My question to you is: What's taking place, lire we analyzing why are they coming and what's creating these disabilities or these claims? Are we doing anything about it so that those claims would not repeat itsell7 Mr. Soldevilla: We do -- Our reports show, on a monthly basis, the type and causes of claims that are reported. Many of the claims are -- We need to address the, you know, policies. I guess, that are in place. Vice Chairman Gort: Change the policy, or an educational program where we can avoid sonic of those casualties. 50 July 26, 2001 Mr. Soldevilla: Well, there's training in ternis of -- for example, many of the claims sic as a result of strains and sprains that are -- you know, that occur while on the job. Some of that is -- you know, some, it can't be helped. Some is just, you know, accidents. But some are. can be helped in terms of how do you lift, how do you carry. You know, that type of thing. We do, you know -- with our safely coordinator, we are going to implement certain training at the Solid Waste Department, at -- Fire has their own and Police have their own training mechanisms. Now, one of the other major claims that we have are h}pertension claims. We currently have about 307 in the Police Department, and approximately 85 in the ('ire Department that are open. That's almost 400 claims that are open and will remain open, because of their nature. Vice Chairman Croat: OK. Mr. Soldevilla: Fire Department has a state law that covers them. Police Department is -- no. Police Department is tilrough contractual. Carlos Gimenez (City Manager): And Commissioner, I may add that workers' comp. is une of the hot items and hot topics that we have to deal with in the upcoming negotiations. And also, as Mario said, some of these claims are clue to state law, and some benefits that are given down to fire fighters and police officers as a result of state law that thev don't even have to bargain for. Others are bargained for, and that's something that we have to again look at through the negotiation process. Commissioner Sanchez: Mr. Chairman. Vice Chairman Dort: Yes. sir. Commissioner Sanchez.: I am aware of the state laws that protect the fire fighters, and i'nt also aware of the contracts, very aware. This is an item that, 1 think, since the first week :hat i've been here, going on three years, was an issue that was a red flag, that should have been identified many, many years before I got here by other individuals. It is an issue that is of great concern. The City at one time had -- i believe it was three adjustors, and close to 2,700 claims. I utcan, you just didn't have no control, whatsoever. 'Twice, this City twice put out an RFP (Reelucst for Proposals) to bring a third party in to try to resolve this issue, and !m- whatever reasons. I'm not going to say it was a political issue, or whatever issue it was. It did not happen. So the impression that 1 get and the impression of the taxpayers of this City is that it was an issue that certain individuals around here turned the cheek and looked the other way. It's a hot potato. Nobody wants to touch it, because no matter how you address it, you're -- sooner or later, you're going to offend somebody, whether it's the unions, whether it's the administration, whet ier it is you, that I have been on top of this issue, and you and 1 have communicated through c -mail, and through letters, and documents and stuff, because we -- 1 h fiduciary responsibility that we have is, we need to identify an issue, which is out of control, which is still a little hit out of control. And you just stated, we're closing cases, but we continue to open cases. And it's costing the City an average of about ten to thirteen million dollars ($13,000,000) a year. Correct me if I'm wrong, because 1 haven't looked at all the: numbers. Now, the issue -- what Fin trying to get at here is that for "X- amount of years, we didn't have anything implemented. As a matter of tact, we just hired a safety officer not long ago, correct? 51 Julv 26, 2001 OX014xv • Mr. Soldevilla: Yes. • Commissioner Sanchez: So for all those years, we never had anything. We don't have a system where we arc able to tell a certain department, listen, if you come to work and you have an injury -free department, at the end of the year, we'll provide a party for you, or we'll give you an incentive, or we'll do something to try to, through training, reduce these open workmen's comp. claims. The issue here is that it's gotten to a point whcro -- I think you've done a good job. I think, with the resources that you have, you have done an adamant job in reducing the cases. However, the cases -- we were down at one time to 1,400 and some cases, and we cuntiuued to close. But the issues here arc issues that -- Arc these cases being closed at it certain time? Because time for the City is money. Ifa person gets hurt and that pei-soil is, you know, takes two months to get back to work, and that person could be back to work in one month, that is a significant savings to the City. So what we need to address here is, do we have experts -- maybe third party doctors, independent -- here's the key word -- independent doctor which that individual would go to, not a doctor that's associated through any of the plans, or anything pertaining to a bias decision, where that independent doctor could say, OK, you have to go back to work, and you go hack to work. Listen, we've made several recommendations here. One, that i was very disappointed, was to create it task force to go after these people that are violating the workmen's comp. And they wire violating the workmen's comp., and I don't care what people tell me. Those people arc stealing from the City and the taxpayers of the City. I have nothing against anybody who gets hurl. They deserve worknicn's comp. They need to be out till they get -- but don't steal from the City. And the way that the laws arc designed ltere, there's room for a lot of abuse. And that's what w e need to do, focus on reducing the abuse. And it's an issue that I'll continue to bring ont, as long as I am sitting right here, because to me, it cats me up, it cats me up when you have people that arc out there that should be working, but they're not working. And i've ran into a couple of people, and i've even hroughl it to the attention of the City Manager that are out -in almost full disability, and they're out there in parties, drinking and dancing. Well. ifyou're on full disability, you shouldn't he drinking and dancing. When we put out those four cases that i made the argument -- we put out four cases, and let's do them on a percentage. Let's get 100 percent disability. bet's look at those cases. It is my understanding that 50 percent of those cases came back where these individuals were working someplace else and getting compensated through another entity. That is theft. But you know what? They laugh at you. Because you know what'? They don't fear you, They don't fear the City. What they fear is, "Don't report me to the IRS (hiternal Revenue Service) and don't repoil me to Social Security. I'm scared of those people. But you, what are yon going to do to tile''" Well, we need to get those prnple, those had apples -- And what I say, you know, when i coine from the service is, you cut them at the hips and you take them -- I mean, you prosecute them, you put then on the newspapers, you do what you've got to do, and it sends out it message out there that we will not tolerate any more abuse and wasting, of taxpayers' money. And there was a discussion herr, and I believe that -- and I will bring this up just fbr the record. I would like the administration to seriously consider, seriously consider in the budget in Septenther to put out 50 percent of our cases to see whether it benefits the City or not to put them out for an RFI', to get an independent entity to conte in and try to reduce all those cases. I know there's sonic cases that there's nothing we could do. Pine. 13ut there's it lot of cases out there that are really abusing the system. And we've got to stand up. And I'll probably get threatened again, and there'll be 52 July 26, 2001. IIIIIiL/BR other rumors that I'm taking kick -bucks. and that I was -- sumebody said I lived in Coco P1unl. I wish. But, hey, you know, continue to make those rumors. But I'm -- Vice Chairman Gott: No. if you lived there, then you couldn't be a Commissioner. Commissioner Sanchei: But I'm going to stand on my principles. And my principle is that workmen's comp, there's a lot of abuse. And if you're abusing it, this Commission is going to do everything it can to make sure that we catch you. And when we catch you, we're going to bite you hard. Mr. Soldevilla: Commissioner, let me respond to a couple of things. First of all, you know, Workers' Compensation claims have it -- they have a life, in terms of ho%v long you need to treat before you can close a claim. So sometimes, it seems like it's a long time to keep a claim open. However, if the person is treating or you also -- also, once a person has stopped treatment, you have to wait one year before you can actually close the claim, you know, legally, and subunit it to the state, if the person is receiving compensation, then you've got to wait two years before you can close it. So there is a life span io it. The mininwm amount is one year, but it can go on. And for -- you can toll it for a long period of time, as long as the person is. number one, treating or receiving some type of benef t. This is true in the older cases. The newer cases, since the law went into effect in 1994, is different, because now you don't have wage loss. Now, instead, you pay permanent income benefits Once you're done with the permanent income benefits, then that's it. You have received all of your benefits. But a claim has, at a minimun, 104 weeks in order to he able to close it, which we need to follow that law. We do have. right now, the correct staffing to really address all the problems that we had developed in the past, and that we are now, you know, taking care of, because we do have the correct staffing. in terms of independent medical exams, we utilize Independent medical exams, and we rely very much oil, of course, the information from the doctors. Once the individual is said to he -- that needs to be put hack to work, we put them back to work. In terms of the fraud task force, we have developed the task force. The task force is composed of individuals from the City Attorney's Office, from the City Manager's Office, from my office, and from the Police Department. We met -- I believe we mct this month. We have scheduled meetings every month, and we'll he updating you as to the results of that. The RFP, we did put out an RFP a couple of years ago. Actually, we put the RFP out twice. The RFP was to take the entire claims administration system for the City. That went before a review committee, which was composed of outside individuals. As a matter of fact, it was composed of the Risk Manager from Broward, the Risk Manager from the County, the Risk Manager from Baptist Hospital, and two from our staff. At that time, it was Bertha Henry, and I believe Frank Rollason was also part of that staff. The recommendation of that committee was to -- the first time was to reissue the RFP, because only one -- there was only one respondent. Commissioner Sanchez: Well, I'll tell you what. You think anybody is going to come in with all those claims and accept that responsibility? Mr. Soldevilla: Well, you know. And -- Commissioner Sanchez: You need to help me help you to address -- 53 July 26, 2001 DWI • Mr. Soldcvilla: And right now -- by the way, right now, we are working on an RFP. Commissioner Sanchez: And you know -- Mr. Soldevilla: We arc working on an RFP to do as the Commission instructed us, to address -- you know, do 50 percent and 50 percent. Now, with that, what we're going to do, what we proposed to do is to assign the first 100 claims that come in to the provider, the new provider, OK? And from then on, do 50/50 with the City, so that we -- until we achieve a balance. It's very difficult to give claims that are already in existence for somebody to take in, because there are many issues, especially in terms of the medical, where the individuals that are already receiving medical care with a doctor that you're going to put him with a different provider, and that's -- you know, there arc issues, issues with the claims Ihat we have in litigation. Multiple claims there, you know. So we decided that -- 1 believe that the best way of going is by stalling fresh. In other words, new claim that comes in, one will bo to the administration, one will go with us, and then we compare those. Commissioner Sanchez: When would that RFP be going out? Mr. Soldevilla: In September. Commissioner Sanchez: We shall wait. Vice Chairman Gort: Mario, let me tell you, I understand all you're saying. But any one of us to try to get disability, we have to go through hell to do so. You can ask anybody here that tried to get disability within the fcdcral government, Social Security. I don't have any problem with those claims, the justified claims, especially within the Police and the lire Department. Thcir work is a little different, and Sanitation. But at the same time, I believe you have enough history where you can sit down with the unions, and you can sit down with the departments and educate these people, so they will not go through the same trouble in trying to eliminate some of this. 1 think that's very important. Education is very -- at one time, we used to have safety training. I don't know if we're still doing that. I think safety training is very important, because we tend to forget. Mr. Gimenez: Nkle re-established the safety committee, and put a safely officer in that process, and we need to put some teeth back into it, We had established it for a while, and it went away, and just we re-established it -- Vice Chairman Gott: You have to have that continue going on. And let the people know if they're going to abuse, those bad apples there, they're going to bet caught. Mr. Soldevilla: You're right. And Commissioner, what you bring up also is very good. And one ol'the things that we were going to address, in terms of the safety committee, was that they were going to -- they are going to reconmiend policies. One of the policies is to he able to share in savings that occur from workers' compensation claims. You are right, it's a ten million dollar ($10,000,000) cost to the City. And if that could be reduced by 50 percent, that's a lot of money. 54 July 26, 2001 Commissioner Winton: Ten million dollars (S 10,000,000) per ,year? Mr. Soldevilla: Yes, sir. Commissioner Winton: Wow. Vice Chairman Gori: Yeah. Commissioner Winton: Wow. Let's repeat that so that the public hears this. Commissioner Sanchez: Ten to thirteen million. 'fen to thirteen, hall park. Commissioner Winton: Ten million dollars (S10,000,000) a ,year. And we're talking about -- right today on the agenda, we're going to he talking about our budget, where there's been -- where the Manager's looking at doing across-the-board cuts of two percent, three percent, four percent, live percent, six percent -- by the way, which I'm not in favor of at all -- but across -the - hoard cuts within the City of Miami, that's going to put new burdens on every single employee in the City of Miami to do additional work -- additional work, every single employee -- while there's sonic bums out there -- hums -- taking advantage of their fellow employees, our taxpayers and our City. And Commissioner Gorl is right on the education part for all the good people. But 1 am also very much in tune to tilt: hammer. And Commissioner Saneher said it. i want the hammer lowered as hard and fast as we can lower the hammer on the people that are abusing our system, because every single employee in this City is going to suffer 1ror11 -- if we puss these across -the -hoard budget cuts -- is p;oing to suffer additional burden, because we don't have the money to do the things that we want to do, while there's a segment of our employee population thut's hanging out on the beach eating bonbons at City expense. So that doesn't get it for rne. Vice Chairman Gort: Any other questions? Commissioner Regalado: Yeah, 1 got a question. Is Miami different than any other city? Do we have more cases than any other city? Mr. Soldevilla: We have more open cases than many other cities, yes. Commissioner Regalado: So, he's right. 1 mean, he's right. lie's right, following up. Commissioner Sanchez: Tomas, can l? We have made a trivia book. We are in a trivia book. We are -- the City of Miami made a trivia book on workmen's comp, cases. They'll ask, which is the highest city with the highest -- Which is the U.S. city with the highest open workmen's comp. cases:' And it's the City of Miami, in a trivia book. That's how bad it is. Commissioner Regalado: So there's got to be something wrong. So, you know, I'm just saying we should try privatize sornething. And maybe they say that 1 live next to you in Coco Plum, but that's 0K. But we should privatize something. Commissioner Winton: 1 hope someday you can live in COCo Plum. 5� July 26, 2001 Commissioner Regalado: I hope so. Fvcrybody hopes so. Commissioner Sancher.: i don't think so. Commissioner Regalado: Anyway -- but we don't think so. Anyway, just to mention, I understand that tomorrow there is going to be a story in, I think, the Spanish Herald regarding disability cases of the City of Miami, and some complaints that some police officers or firemen havc in terms of their applying for the disabilities and not getting. And this has to do with the Pension Board or something like that. But so you know, so you know, the press is focused on this issue. And when budget hearings cone, one of the things that is going to he reported is that the City is spending ten million dollars (510,000,000) in these cases, when we should he spending half. So I'm just saying that, you knoNk, brace yourself, Mr. Manager, because there's going to he a lot of questions regarding these expenses. since Miami is dilTerent than any other City. Mr. Gimenez.: We agree that this problem has been going on for years, and it's going to take a multi -pronged approach to solve it. And it's prevention, it's education, but you're also going to have to take a look at those contracts, and look at those benefits, and sce that that's probably going to give you the best bang for your buck there. Commissioner Winton: Could l make a suggestion, Commissioner Sanchez? We're going to have a -- what's it called? -- closed -- Alejandro Vilarello (City Attorney): ft's an executive session. Commissioner Winton: Executive session Commission meeting to go over the contracts that are coming due. I would like at that meeting, if we're allowed, to have a document handed to its which outlines the multi -pronged approach that the administration is recommending for dealing with this whole workers' comp. thing, so that we can look at. Now, maybe, Mr. City Attorney, that needs to he in the public domain, and 1 don't care i f it's in the public domain or not. But -- Mr. Vilarello: That is clearly an issue of collective bargaining, and it's appropriate for discussion at an executive session. Commissioner Winton: Executive session. So -- Mr. Vilarello: lnvolving contract negotiations. Commissioner Winton: Great. Could you all bring that to its then, for that meeting, and liave the entire, the global list of recommendations that can help us bet at this whole workers' comp. issue for that meting. Mr. Soldevilla: Yes, sir. Commissioner Winton: Thank you. 56 July 26, 2001 Vice Chairman Gort: OK. Commissioner Regatado: Which, by the way, Mr. Chairman, so you know, and Mr. Manager, on that executive meeting, we have requested several times that it be held after 1:30. And I got a memo froth your office saying that there is no way, absolutely no way that they can change the 12:30 time frame of the meeting, because they have another meeting or something like that. So I will not be attending, because I've got to make a living, and I have to be. If you don't want me there, or if you -- whoever is organizing that meeting, because -- I mean, they've got to know that I have to leave every Commission meeting to do a TV program from noon to 1:00. And we keep telling them that 1 cannot he there at 12:30. They said that it's impossible to change the date, because, you know, the world is going to end or something. Mr. Gimcnez: We'll make sure that everybody is able to attend, sir. 57 July 26, 2001 • 14. DISCUSSION CONCERTING ISSUL OF �DEPARTMEN? DEVELOPMENT'S DELINQUENT LOANS. Vice Chairman bort: Yes. OF COMMUNIiTY Coin inissioner Sanchez: The other issue on my Commissioner's agenda blue sheet is the Community Development delinquent loan, another one of niy PYO issues. " 1'PO" stands, Art, for "piss people off." And that is the delinquent loans that we have. i want to know exactly what the City, through its legal channels, are doing to try to recoup our -- what is it, six million? What's the total number'' Six point four million dollars (S6,400,000)7 Ciwcndulyn 11'arrcn (I)ircctor, Community 1)cvelopnlent►: 1'hc outstanding balance? Commissioner Sanchez: Yes, ma'am. Whit is the City doing to protect the taxpayers' money'' And what channels are we taking to try to bet back this money, six point four million dollars ($6,40U,000)? Ms. Warren: I would -- Gwendolyn Warren, Department of Community Development. As you know, the defaulted loan pollfolio started at tell million. And through various directions on the part of the City Commission, which included the implementation of a service plan, retiliancing -- 1 mean a Loan Review Board for workouts. as well as the authorization for the City Attorney's Office to hire a dedicated group of individuals to actually pursue these loans, we have been able to reduce the amount to six million. Anti as you can sec by the report, almost 50 percent of the cases have been resolved. And all of the case -- the balance of the cases are at some stage of litigation. And fir file most part, they've been in the City's favor. And 1 guess I should let the City Attorney speak to the status of the. loans. But I would say that our actions have been extremely aggressive in lerms of pursuing any debts awed the City. And probably it's inappropriate, but I think The City Attorney's Office should he conuncnded for the aggressive stance they've taken on all the loans. And maybe.Mr. Vilarello could talk to what they're doing. Commissioner Sanchez: Before we turns it over to the City Attorney, it is my inlderstanding that all these cases arc in litigation right now. Alejandro Vilarello (City Attorney): Well, Commissioner, as Ms. Wan -en indicated, the task force that was created was for 29 targeted issues of the defaulted loan portfolio, which totaled the tell million dollars ($10,000,000). Of those 29 cases, 19 of thein arc in litigution, and len have been resolved, for the most part, either by bringing their loans current, the City has tilreclosed and acquired the property. Anil I believe there is one bit of bad news. One oT' the. cases, 1 believe, our interest was extinguished by a prior mortgage holder. So -- but ibr the most pail, we've been successful on the tell cases that have been resolved. Commissioner Sanchez: So let's focus on the 16 cases right now. Mr. Vilarello: The 19 cases -- Commissioner Sanchez: The 19 cases. 58 July 26, 2001 • . Mr. Vilarello: -- arc all in litigation. Commissioner Sanchez: Have -- these 19 cases, have these individuals attempted to snake an ofTcr to the City? Mr. Vilarcllo: Thcrc's -- Commissioner Sanchez: To settle. Mr. Vilarello: Yes, many of them have made offers. 1 wish those offers were more serious than they have been. They have heen, for the most part, minimal. Commissioner Sanchez: All right. Have we responded to those offers? Mr. Vilarcllo: We have had a little hit of a difficulty in getting the Loan Committee tip and running in terms of dealing with these workout proposals fbr the purpose of considering a proposal by a debtor to -- Well, there's -- well, I believe the Loan Committee was established some time in October or November. The committee has had some concerns with regard to their liability for making decisions. We've actually -- the Loan Committee is made up of a tine group of commercial bankers. That's exactly what we targeted. Commissioner Sanchez: Hold on. Alex. Hold on. Mr. Vilarcllo: Yes. Commissioner Sanchez: Who's making the decision to either -- .Mr. Vilarcllo: The Loan Committee should be making the decision. Vice Chairman Gort: Recommendations. We make final decision. Mr. Vilarello: Not with regard to this delinquent loan porttblio. Commissioner Regalado: But they don't meet. Commissioner Sanchez: Wait, hold on, hold on. If 1 may. I have the floor. So when they make an offer, who makes the decision to say we accept or we don't accept? Because i know the judicial system in that concept for what I do at work, which is receiverships and stuff like that, you have "X" amount of time to either say yea or nay. if you make an offer -- It's just like if 1 have a credit card, and I'm in dispute over finances, and 1 owe somebody money. As long as I'm acting in good faith, and I'm saying, well, I owe you '`X" amount of dollars, I'm going to pay you a dollar ($1) a year till I pay you oft, you know, being very conservative. But you've got to have a time frame to either accept or reject that offer. Have we done that? And who's doing that? 59 July 26, 2001 Mr. Vilarello: None of these offers have been made in the context of the Civil Rules of Procedure that require responses within a certain period of time. I'm sorry 1 can't give you a short answer on this. But as a result of the HUD (Department of Housing and Urban Developmeno audit, this City Commission created a process (o deal with this, and part of that process is the establishment of (his committee. At some time, we realize the need to deal with the workout, the workout of the (defaulted loan portfolio, and that was an additional responsibility that was given to thein. As I started to mention, the members of this committee have experience in the private banking industry, and were concerned about liability. The)'re volunteering their tine. They're concerned about their own liability and the liability that it may have to their employer. And fortunately for them, and 11ortunatcly for the City, those individuals who volunteer on our hoards have protection under Florida statutes. As long as they're acting \%ithin the course and scope of their duties and obligations, they're inttnune from liability, and so is their employer. And that is a legitimate question that they've asked. Rut for the most part, we've had sonic difficulty in getting the Loan Committee to meet, and deal and address with these issues. Vice Chairman Gort: Well. we might have to change the Loan Committee, because the problem is people know that no action is going; to be taken, they're going to delay it, and as long as you delay it, and that's what happens. Ms. Warren: No, no, no, no, no. No. Vice Chairman Gort: I'm sorry, Gwendolyn. Go ahead. Ms. Warren: At the -- again, letting Alex deal with the issues, 1 think we need to separate the issues. In 1997, when the HUD audit wus done, the loans at that tine were in default. The loans, on the average, had not been paid for approximately four years. In August of '98, as a part of our IIl1D to the OiG (Office of Inspector General) audit, they directed the City to implement its foreclosure procedures, which nicant that if people failed to pay within 120 days, that we would start the process for foreclosure. That process started in October of '98. And at this point in time, all of the loans are in the fiorecIosLire, the legal process and are going; through various legal actions. Aside from that, one of the things that the City Commission did is set up a committee, which \vas the Loan Revicw Committee, that would have an opportunity to do workouts with individuals who wanted to re -do their loans. But it did not preclude us taking the legal action that was in place prior to that Loan C'onumittee even being; established. What the issue is at this point is some ofthe individuals, since we have taken legal action, are requesting to work out their loans four years into this. Whitt we're doing at this point in time with the Banking Committee is setting some policies that -- the members have -- basically interested in two things: One, given the volume, the amount (11' money Involved, the fact that, for several years, nobody responded to our rcilucsts for payment, until such time legal action occurred, the committee has basically asked staff to put together a series of policy recommendations for their approval, which would include -- they're not interested in entertaining; any workout orders until the people come current. And so, basically, you have people who owe its millions of dollars, have not paid, based on demand letters that have been sent to them over numerous years. We've commenced legal action, and now, they're interested in doing; it workout. The committee is saying, conic clu•rcnt and then we'll discuss it. So -- and they do not want to talk to any of these individuals during the process of an open litigation, because of the potential liability to their hllSlnCSSCS. 60 .duly 26, 2001 1101111 [ILN Vice Chairman Gort: Gwen, we got the picture. Ms. Warren: OK. Vice Chairman Gort: Now, Law Department, can we proceed and sue these individuals until they come current? If they conte current, they make the payments, then we can sit clown and work out. Mr. Vilarcllo: We have sued these individuals. And we are getting the rents deposited in the court registry. And we are taking the profit out of their not paying the loans back to the City. Let nue just say one point. 11, now -- What 1 Just llcard is something I hadn't heard before, is that the Loan Committee has said that they don't want to entertain any workouts unless they comic current. That's an answer. 1 don't need to force them into one answer or another. 1 just need an answer. And if that is the statement of the Loan Conlrnittec, I can move for -- Vice Chairman Gort: OK. You know what I see every time we conte here? We're spending a whole tot of money in communication, computers, and somehow, we're not talking. We're Finding out things from one department to another department when they come in front of the Commission Somehow, guys, we have to start talking to everyone, and we have to get our act together, because now they -- you never heard of this before. That cannot happen. Commissioner Sanchez.: \,1r. C'hainnan. Vice Chairman Gort: Y'es, sir. Commissioner Satiche/: l realize that we have a long, voluminous -- Vice Chairman Gort: Very long, agenda. Commissioner Sanchez: -- agenda, and 1 apologize for that. I have two itetlts. Both items that, I think, are of great importance. Both items, they total up to just about sixteen million dollars ($ I b,()oO,00O). that if we had that money, we would not be in the situation that we're in today. These are two items of great importance. I don't want to take much time, but I just want to state this for the record. One is that we have to show, that we, the City, is acting in good faith. And I heard your statements, but here's what I want to say to you. We got in trouble with HIJD the last time, because we didn't hive people that made decisions. People were scared to make decisions. And if you have a title and you're making the money to hold that position, then that person needs to be the person to make that decision. I don't think the City Attorney should be making those decisions. Whether if it's this conunittce, the committee needs to corse out and say, hey, listen, we're not going to accept the offers. We're going to take you to court, no matterwhat. But we need to have an approach. We can't be hack -pedaling like crabs here, because in the long run -- you know-, you could take this to court and delay it for "X" amount of years, and we won't get any money out of it. But the message is, once again, there is an abuse, we want to stop it, we want our money, we're going la sou you. And if we're going to have to take -- We're going to put as much tttottcy as we can to get our money back. Because these Iwo items that I brought out 61 July 26, 2001 • 0 today, one is almost ten to thirteen million dollars ($13,000,000). and this one is six point four million dollars ($6,400,0110). And that's all that 1 have to say on this. Ms. Warren: Sir, just in closing, the staff, as a result of the committee getting informed, is prepared to provide a better of Correspondent to the Manager to formally deny the requested workouts, unless the individuals are current. Vice Chairman Gort: Thank you. Commissioner Regalado? Anything else from anyone else? OK. Commissioner Teele. Commissioner Sanchez: He's not here. We'll conic back to his items. Commissioner Winton: fie doesn't have any items. t Vice Chairman Gort: lie doesn't have any items. ea t x1 y � a -Y F r � •. � � '�) �! � a � y ,' s' t�;G^a.r�y� '�{�` � t K '1r'u }� z �, t o `t� ? f j S,4 � S` � q> 'e.L �:r �a.t is�,�a•` na ¢-+g'�'a'�; r� a"' Rao. l^i t✓ .Ur` m,ta m .nNo tn Y a- .` f e. x i^ :. :ay e �'x 3.p G' t� i>'+,� rr „�s �� 'Sa'44�Sx•� - a�, Irygs.z."C,i.iTN,ai"'"�"# , {�'S Saw74 gx .t a G x 4 g� " 4 Ftt� xtjt �� i a. 1't i? �E y5.�.a '' S7✓ { {rs'� ms's a vrlx 5S -sb�x yy" 5.'7'.�""'T £ty �..':'y �a r' k% V i F yg�3u.,,,ry R d''`am to $ Y .�¢,. r 4, §- x '•a7W ^3 ,' kl Y i "s ? r b "'Rt '"�41 , C °'�%,iJ §#"meq # f �+. i.� Y 62 July 26, 2001 15. RATIFY MANAGER'S FINDING OF SOLE SOURCE, WAIVE REQUIREMENTS FOR COMPETITIVE BID AND APPROVE ACQUISITION OF ANNUAL LICENSE FEE(S), SOFTWARE MAINTENANCE, AND TECHNICAL SUPPORT FOR CITY'S FINANCIAL SYSTEM, FROM GOVERNMENT F,-MANAGEMENT SOLUTIONS, INC. D/B/A/. SCI (GEMS), FOR DEPARTMENT OF FINANCE, $38,600; ALLOCATE FUNDS FROM, GENERAL FUND... _ --- - --- --- — — -- - —------I Vice Chalnnan Gort: We'll go to Item 2. Sole source, license, financial and maintenance agreement. Commissioner Winton: So move. Commissioner Sanchez: Sceond, Mr. Chainnan. Vice Chairman Gort: Is there any discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution Was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-761 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4i5T1IS) AFFIRMA'T'IVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC BEARING, RA'TIF'YING, APPROVING; AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOI.F. SOURCE; WAIVING THE RFQIjIRF.MF.NTS FOR COMPETITIVE SEALED BIDDING PROCEDURE'S AND APPROVING THE ACQUISITION OF ANNUAL LICENSE FEE(S), SOFTWARE MAINTENANCE, AND TECHNICAL SUPPORT FOR THE CITY'S FINANCIAL SYSTEM FOR THE DEPARTMENT OF FINANCE FROM GOVERNMENT r-A9.4NzIGEA1rA77' SOI.U7'IUA'S. INC'.. l)/IIIA SCI ("GEMS'), FOR A TWO-YEAR PERIOD, WITII THE OPTION TO RENE"' FOR THREE ADDITIONAL ONE-YEAR PERIODS, IN AN AMOUN f NOT TO EXCEED $38,600 FOR THE FIRST YEAR, INCREASING EACI I YEAR T11EREAVI'ER THE ANNUAL. LICENSE AND MAINTENANCE FEE IN AN AMOUNT NOT TO EXCEED THE GREATISR OF TFN PF.RCFNT (10'1--ij) OR THE CONSUMER PRICE INDEX, PROVIDING THAT SUCH INCREASF, SHALL NOT RESULTIN A TOTAL ANNUAL LICENSE AND MAINTENANCE FEE WHICH EXCEEDS THE THEN CURRENT ANNUAL FEE CIiARGLIJ BY GrMS TO ITS CUSTOMhRS FOR BASIC MAINTENANCE SERVICES; ALLOCATING FUNDS FROM THE GENERAL FUND, ACCOUNT CODE NO. 001000.260201.6.270. 63 July 26, 2001 _ IIITTIKC - (flew tbllows body of resolution, omitted here and on file in the Office of the City CleA.) Ili ' - bei�tg sceonded by Commissioner Sambez, the resolution was passed and adopted by^tl� s; fbi!#'w<+iitgvote: ` �` ,�r,�3 Rt i✓Q��,I K .. ACl3S Commissioner Tomas Regalado,� F �' Commissioner Joe Sanchez w; P Commissioner Johnny L. Winton Yr � Chairman Wifredo Mort g Mdl �3fl2`y'T-i,-1 t F d 1 None s; { 'mortar fur#► d ` .t+vt` kis acK,� 01 Ilk t+A y,, y, 0� <� y�. C ar r. N�� '..�''S�-t a�"., '' � f � ;�.kf� �i;r''r`� .'v£ t x wG,� r' bn aY�*5�2�' P .y�y �%��✓ �`+w mdr �: yr�' f�'�' s �� `� �":�'�'as'������'"�v���,`� a��'� �� •� ;yEc�.aS3� jr s � ���°�F=f �a �^� s fi`�'��•x'�r��' ��, � ... y �`t ' �. tt ! �t+§ s 14�yw dd MA t ,. v.'vY2 sc . L•' �F T S qk YL i �'>,. ieSsn• '$� , r �' {s, r � r � �,ac''d--mss' vi - - u t � 3 x : � '� �,,.f✓ d �a rh .vas, vat l r kb �. � � �'4� x ,;,P � �, ,�,.. � � t� l3 ��t a� �,� �� �.tk �,4 Y� $ e � F .. ba July 26, 2001 16. RATIFY, APPROVE AND CONFIRM MANAGER'S WRITTEN FINDING THAT COMPETITIVE SEALED BIDDING METHODS ARE NOT PRACTICAL • OR ADVANTAGEOUS FOR EXTENSION OF TELECOMMUNICATIONS CIRCUIT SERVICE AGREEMENTS FOR VARIOUS CITY FACILITIES, FROM BTLLSOi1TH TELECOMMUNICATIONS, INC., WAIVE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES AND APPROVE EXTENSION OF THREE TELECOMMUNICATIONS CIRCUIT SERVICE AGREEMENTS WITH VARYING CONTRACT TERMS, FOR VARIOUS CITY FACILITIES, FROM BELLSOUTH TELECOMMUNICATIONS, INC., $50,000; ALLOCATE FUNDS FROM DEPARTMENT OF INFORMATION TECHNOLOGY OPERATING BUDGET AND DEPARTMENT OF BUILDING OPERATING BUDGET. Vice Chairman Gort: A resolution approving extension of telecommunications service agreement. Commissioner Winton: So move. Vice Chairman Gort: BellSouth. There's been a motion. Commissioner Sanchez: It's a public hearing. There's a public hearing. Both are public hearings. Vice Chairman Gori: Yes. Is there any discussion? There's a motion. Is there a second? Is there a second? Commissioner Regalado: Second. Vice Chairman Gort: Any discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. 65 July 26, 2001 The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-762 A RESOLUTION OF THE MIAMI CITY COMMISSION 13Y A FOUR-FIFTHS (4!5ths) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MAN'AGER'S FINDING T)-IA"T COMPETITIVE SEALED BIDDING METHODS ARE NOT PRACTICAL OR ADVANTAGEOUS FOR THE EXTENSION OF TELECOMMUNICATIONS CIRCUIT SERVICE AGREEMENTS, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCLDURIS AND APPROVING THF FXTFNSION OF THREE AGREEMENTS, WITH VARYING CONTRACT TERMS, WITH BELLSOUTH TFLIECOMMUNICATIONS, INC., FOR VARIOUS CITY FACILITIES, IN AN ANNUAL AMOUNT NOT TO EXCEED $50,000; ALLOCATING FUNDS FROM INFORMATION TECHNOLOGY GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.460101.6.510, AND BUILDING GENERAL OPERATING BUDGE`!', ACCOUNT CODE NO. 421001.560302.6.510 FOR SAID SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconaed by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Toinas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chainnan Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Gort: By the way, 1 also need to state there are no vetoes from the Mayor's Office, right'? Walter Foeman (City Clerk): That is correct. Vice Chairman Gort: Okey doke. You remind me at every meeting. You tell ntc first. Put it in here. 66 July 26, 2001 o am" • • 17. EMERGENCY ORDINANCE: REPROGRAM $185,000 OF COMMUNITY' DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND ALLOCATE SAID AMOUNT TO BELAFONTE TACOLCY CENTER, INC. (TACOLCY), A NON-PROFIT ORGANIZATION PROVIDING DIVERSIFIED SERVICES FOR YOUTH IN MODEL CITY REVITALIZATION DISTRICT, TO COMPLETE RENOVATIONS TO CITY -OWNED I FACILITY OCCUPIED BY TACOLCY, LOCATED AT 6161 NORTHWEST 9rtt AVENUE. i Vice Chairman bort: OK. Item d, repair to Bclufonte Tacolcy, a hundred and eight -five thousand dollars ($185,000) from Community Development. Is there a motion? Commissioner Sanchcr: Second -- so moved, Mr. Chairman. Vice Chairman Gori: Is there a second? Commissioner Regalado: Second. Vice Chairman Gori: Any further discussion? Being none, all in favor stale it by saying "ayc." Commissioner Regalado: It's an ordinance. Alejandro Viiarello (City Attorney): Excuse me. Vice Chainnan Gort: It's an ordinance. Read it. Mr. Vilarello: First, let me correct it. It incorrectly is titled a resolution in your agenda package. It is an emergency ordinance. Vice Chairman Gott: OK. Call the roll. An ordinance entitled - AN EMERGENCY ORDINANCE OF 'T I IE MIAMI CITY COMMISSION REPROGRAMMING SI85,000 OF COMMLNITY DEVELOPMENT BLOCK GRANT (CD13G) FUNDS PREVIOUSLY APPROVED FOR CAPITAL IMPROVEMENT PROJECTS AND ALLOCATING SAID AMOLINT TO BELAFONTE TACOLCY CFNTLIZ, INC. ("TACOLCY"), A NON-PROFH ORGANIZATION PROVIDING DIVERSIFIED SERVICES FORTHE YOLITH IN THE MODE1. CITY REVITALIZATION DISTRICT, TO COMPLETE RENOVATIONS TO THE CITY -OWNED FAClu'l'Y OCCUPIED BY TACOLCY, LOCATED AT 6161 NORTHWEST 9T11 AV!-NLIE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EN'T'ER INTO AN AGREEMENT, IN A DORM ACCEPTABLE TO THE CITY ATTORNEY, WITH TACOLCY FOR SAID Pt1RPOSK C7 July 26, 2001 $1411v[Mz[1 • • was introduced by Commissioner Sanchez, and seconded by Commissioner Regalado, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: NAYS: ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gori None Commissioner Arthur F. Teele, Jr. Whereupon, the Commission, on motion of Commissioner Sanchez, Commissioner Regalado, adopted said ordinance by the following vote: and seconded by. 68 July 26, 2001 • • 18. EMERGENCY ORDINANCE: RELATING TO DEVELOPMENT OF MIAMI STADIUM APARTMENTS PROJECT PLANNED IN ALLAPATTAH COMMUNITY REVITALIZATION DISTRICT; REAFFIRM CITY'S FINANCIAL COMMITMENT TO PROJECT BY ALLOCATING $250,000 IN HOME INVESTMENT PARTNERSHIP PROGRAM FUNDING TO ST. MARTIN AFFORDABLE " HOUSING, LTD. FOR PREDEVELOPMENT ACTIVITIES, CONSTRUCTION AND PERMANENT FINANCING. _ Vice Chainnan Gort: ]tem 5, emergency ordinance awarding HOME (Home Investment Partnership Program) funds to Miami Stadium Apartments Project. Commissioner Winton: So move. Commissioner Sanchez: Second. Vice Chainnan Gort: It's been moved and seconded. Any discussion? Is this an ordinance or a resolution? Alejandro Vilarello (City Attorney): An emergency ordinance. Vice Chairman Gort: Roll call. An ordinance entitled - AN EMERGENCY ORDINANCH OF THE MIAMI CITY COMMISSION RELATING TO THE DEVELOPMENT OF THE MIAMI STADIUM APARTMENTS PROJL'C" I' PLANNED IN THE ALLAPATTAH COMMUNTTY REVITALIZATION DISTRICT; REAFFIRMING THE CITY'S FINANCIAL COMMITMENT TO TI IE PROJECT BY ALLOCATING S250,W0 IN HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS TO ST. MARTIN AFFORDABLE LTD. FOR PRL'DEVELOPMENT ACTIVITIES, CONSTRUCTION AND PERMANENT FINANCING, PURSUANT TO RESOLUTION NO. 00-170, ADOP1'ED FEBRUARY 17, 2000; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, 1N A FORM ACCBPTABLL TO THE CITY ATTORNEY, WITH ST. MARTIN AFFORDABLE IIOUSING, LTD, , FOR SAID PURPOSE. 69 July 26, 2001 ��I�IIss • was introduced by Commissioner Winton, and seconded by Commissioner Sanchez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT. Commissioner Arthur E. Teele, Jr. Whereupon, the Commission, on motion of Commissioner Winton, and seconded by Commissioner Sanchez, adopted said ordinance by the following vote: AYE'S: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSFINT: Commissioner Arthur E. Tecle, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12094. The ordinance was read by title into the public record by the City Attorney. Commissioner Regalado: OK. I have one comment on this ordinance, the Miami Stadium Apartments. Finally, something is going to happen there. But I would request that somewhere in that general area they place a plaque or something remembering the history of that site, the Bobby Maduro, because many people, like me, when we were children, used to go to that place. And it's sad that history will lose something of that interest. So that -- Vice Chairman Gort: Commissioner, I promise, I'll take care and make sure that happens. Commissioner Regalado: OK. Vice Chairman Gort: And it'll be very well done, 1 can promise you. 70 July 26, 2001 19. ESTABLISH POLICY TO PRIORITIZE BALANCE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AS RESULT OF CLOSEOUT OF COMPLETED CDBG ACTIVITIES AND IDENTIFICATION OF PROGRAM INCOME TO SPECIFIC CAPITAL IMPROVEMENT PROJECTS. Vice Chairman Gort: Item 6, Policy of prioritising CD13G (Community Development Block Grant) close funds and distribution, discussion of Jose Marti Park CIP (Capital improvement Project). Do I have a motion? Commissioner Sanchez: Su move. Vice Chainnan Gort: This is your item. It's been moved, Is there a second? Commissioner Regalado: Second. Alejandro Vilarello (City Attorney): Mr. Chairman. Vice Chairman Gort: Discussion. Yes. Mr, Vilarello: Just for the record, the item in the agenda says it's an ordinance, but this is a resolution. Vice Chairman Gort: You know, you guys keep playing games with this. 'Then you get me all confused. So it is a resolution, not an ordinance. OK. is there any further discussion? Commissioner Winton: About what? Vice Chairman Gort: We're in Item 6, the Jose Marti. Commissioner Winton: Item 6. But Item 6 -- We're in Item 6, right? Vice Chairman Gort: Yes. Commissioncr Winton: But does item 6 only deal with Jose Marti, or docs it deal with all three issues relative to the next page? Vice Chairman Gort: All three issues. Gwendolyn. Gwendolyn Warren (Director, Community Development): Item 6 deals with three issues. One is the establishment of the policy that out of our program income or any available funds that the first seven hundred and fifty thousand dollars ($750,000) would go to replace the monies that were removed from the t'lagler Project, and that the next available pot of money from this same source would go, at the sum of five hundred and seventy-four thousand, three hundred and seventy-nine dollars ($574,370), to prioritize Jose Marti. Commissioner Winton: Well, let me interrupt ,you. 71 July 26, 2001 • Ms. Warren: Yes, sir. Commissioner Winton: This page, which is right behind the text, has at the top of it: Notice of public hearing regarding allocation balance, Community Development Block Grant funds, thirty- one thousand, five hundred and twenty thousand, two hundred and one thousand. Ms. Warren: This is the ad. All of the items that are Community Development are public hearing items, and what you have behind every one of the items is the ad that makes it it public notice. This is not -- Commissioner Winton: OK. So what we're dealing with in 6 doesn't deal specifically with -- Ms, Warren: No. But if you'll notice on this public notice -- Commissioner Winton: Got it. That's all I need to know. 1 don't need any other explanation. Ms. Warren: -- there's proof that it was publicized, which is Item 6. Commissioner Winton: That's all I need to understand. Thank you. Vice Chairman Gort: And each one of those items, it's going to have to have the whole package. Ms. Warren: And I might add, sir, this is an ordinance. It's an appropriations ordinance. Commissioner Winton: Got it. 'Thank you. You've answered my question. Vice Chairman Gort: All right. Is there any further discussion? OK. No. It's an ordinance. Commissioner Sanchez: Read the ordinance. Mr. Vilarello: This matter wasn't prepared by my office. We'll have to defer it, please, and then 1 will prepare. an ordinance for your consideration. Vice Chairman Gort: When are you going to do that? It says '*ordinance" here. You didn't prepare this? Mr. Vilarello: It is entitled "ordinance." It's -- Ms. Warren: I have been corrected. I have been corrected. It is a policy resolution, not an ordinance, appropriation ordinance. Vice Chairman Gort: People, let's start talking to each other. It's very important. Ms. Warren: We're sorry. It is a -- Dan is correct -- corrected me. It's a policy resolution. 72 July 26, 2001 1i907[0a • 0 Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01-763 A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A POLICY TO PRIORITIZE THE BALANCE OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS AS A RESULT OF THE CLOSEOUT OF COMPLETED CDDG ACTIVITIES AND IDENTIFICATION OF PROGRAM INCOME. TO SPECIFIC CAPITAL. IMPROVEMENT PROJECTS, CONTINGENT UPON EXPENDITURE OF THE IDENTIFIED FUNDS FOR PROJECTS WITHIN THE DISCAL YEAR FOR WIiICH THE FUNDS ARE IDENTIFIED, (Here follows body of* resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez 73 July 26, 2001 n� 20. APPROVE EXCHANGE OF $1,000,000 IN FUNDS FROM COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR S1,000,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Vice Chairman Gort: Item 7, transfer of HOPWA (Housing Opportunities for Persons with A)DS) Iunds from the CRA (Community Redevelopment Agency). Jotuuiy, I'll be back. Commissioner Winton: Joe, you're the C'hainnan. Commissioner Sanchez: OK. item 7. Gwendolyn Warren (Director, Community Development): Commissioners. Commissioner Sanchez: You're recognized. Ms. Warren: We've received a request from the CRA that during the previous appropriations in May of 2000, the City Conmrission provided the CRA with three million dollars ($3,000,000) for the 3"`' Avenue Business Corridor, as well as two million dollars (52,000,000) of appropriation against the twenty-five million dollar ($25,000,000) commitment. Of the two million dollars ($2,000,000) that was awarded to the CRA, one million dollars ($1,000,000) of it was CDBG (Community Development Block Grant), and one miiliun dollars (51,000,000) of it was I IOPWA. As a result of change in progranunatic activities, the CRA no longer can benefit from the use of the I IOPWA funds, and what we're rccommcnding is that those funds be transferred out and replaced with usable dollars. At this point, administration is recommending the Iransfcr of a half million dollars (5500,000) be replaced of the HOPWA monies, and that the balance be replaced in the new fiscal year, after October 1. The i IOPWA monies that would he returned will be placed into Client Services, and the monies that'll be replaced -- again, replacing the trillion dollars ($1,000,000) of IiOPWA money will he CUI3G. Commissioner Sanchez: All right. Is there a motion? Commissioner Tecle: It's a public hearing. Commissioner Sanchez: Oh, it's a public hearing'? Commissioner Winton: I'm not sure I understand. Ms. Warren: Try it again'? Comunissioncr Teele: Why don't we complete the public hearing, and then we'll -- Commissioner Sanchez: Yeah, public hearing. Commissioner Winton: Olt, OK. rine. Thank you. 74 July 26, 2001 IIiIflLlli�. Commissioner Tecle: All right. Move that the public hearing be closed. I would move the item for purpose of discussion. Commissioner Sanchez: So moved by Commissioner Teele. Commissioner Winton: Second, Commissioner Sanchez: Second by Commissioner Winton. Open for discussion. Commissioner Teele. Commissioner Tecle: I'd like to clarify the record, Mr. Manager, and I specifically take this opportunity to request that you provide a written memorandum of the City's commitment under the live -Year Plan to the federal Government, '99 -- I think the fiscal year '99 live -Year Plan, as well as the ordinance that is being discussed. In '99, pursuant to an agreement that was approved and ratified by the Oversight Board, the City and the CRA undertook an agreement for self-sufficiency. And Johnny, I'm going through this because you were not here. That agreement IZ)r self-sufficiency requires that, at the end ofthe five years of funding, the CRA will not seek additional Community Development funds, and that the CR -- Commissioner Winton: At the end of when? Commissioner Teele: The five-year period. Commissioner Winton: So that would be live years from '99. Commissioner Tecic: That would be five years, beginning in rY '99; that's correct. Commissioner Winton: OK. Commissioner Teele: We're in the second year of that commitment. Additionally, the CRA would reduce its general fund requirements. To date, the general fund requirements of the City and the CRA are roughly about five hundred thousand dollars ($5110,000) annually, based primarily on the reimbursement for detailed City employees, and a number -- I think it's about two seventy-nine, two ninety-nine from the non -departmental accounts. The CRA, by the way, receives about two ninety from the non -development accounts on an average. And over an average of five years, the Bayfront Trust has received an average of about a million dollars ($1,000,000). And again, it speaks volumes about the City's priorities, general fund priorities. A million dollars ($1,000,000) for a park, which is necessary, important, but two hundred and fifty thousand dollars ($250,000) 1'or people and the resources. The five-year commitment requires that the City, to the extent funds were available, would make available five million dollars ($5,000,000) per year for five years. Beginning October 1, the CRA should have received fifteen million dollars (S 15,000,000) under that commitment. Based upon this transfer, the City will have received one point five million dollars (51,500,000). Commissioner Winton: Was there an identified vehicle or source of those funds in the -- 75 July 26, 2001 Ii1I11LI Commissioner Tecle: Ycah. Commissioner Sanchez: It's based on availability. Commissioner Teele: The source is based upon the availability of CD (Community Development) funds. liowever, there are a series of issues, which, quite candidly, I'm not fully briefed on, which Ills federal government briefed, apparently, the Mayor on, within the last month. But the last time I was hriel'ed by the keds, there was approximately sixty-live to seventy million dollars ($70,000,000) of funds that were inactive. Lett nie -- What's the correct terms for the -- I'm talking now about '99/2000, before we started the closeout. See, the problem was, Johnny, that in '99, we were in year 23, 1 believe. In 23 years, the City had never closed out one brant. Ms. Warren: Twenty-four. Commissioner Teele: Twenty-four. So what you had was series of eighteen thousand dollars (S18,000), twelve hundred dollars ($1,200), maybe an eight hundred thousand dollar (S800,000), and you had these huge amounts of monies that the federal goverrunent, quite candidly said, if you all don't expend this money, we're going to take it back from you. And by the way, the City's problem was about one third as difficult as the current County problem is, because the problem is this: You give somebody a grant -- say the XYZ. Company, organization. Even though the grant's ten years old, even though the grant has eighteen thousand dollars ($18,000) in it, lliey don't close it out. And unless you have a manner in which you're rolling over funds, which is why we have the ordinance un rollover -- all these; things have occurred positively in the last three years, last two years, to he exact. When the Commissiun made the eolrrlllitn]enl fbr funds of the Twenty-five million dollars ($25,000,000), according to the federal auditors, there was more than sufficient funds to meet this. However, you couldn't specify that, because none of these grants had been closed out. it was like a guesstimate. The Five-Year Plan specifies -- and the Five-Year flan is a part, also -- that's this plan -- is a part of our federal plan to the Oversight Board. it specifies, if you don't make these monies available, then the City and the CRA jointly agree to bet the funds firom the federal govcrlment through a 108, OK? So really and truly, somebody should have pulled the plug on this about !line months ago or a year. But the CDBG - - CD continued to say, let us work through these numbers, and we won't attempt -- before we start saying we don't have the funds available, So there's been a lot of forbearance on both sides. And to be honest with you, CD, in my judgment -- and I don't say this often -- has done an absolutely outstanding and commendable job in Irying to reconcile 23, 24 years of un- reconciled, undocumented -- For example, the notice issue. If you don't put the public notice as to who's getting what money, going back, trying to reconcile that and reconstitute that is literally a yeoman's job. I cannot believe -- and I commend the Director and the Budget Director, and all of the stall's that have worked in Finance, because they're still trying to figure this out, to be very honest. And so 1 have not pushed very hard, but what we are about to say here is that we're going to have to amend the ordinance, because ohviousiy, the City has not met its part of the agreement. I mean, obviously, we're talking now about one point million against fifteen million dollars ($15,000,000). So literally, the City is thirteen point live million dollars ($13,500,1100) behind, with this transfer. The problem is, is that Nve've got projects that have been committed to the community that are being stalled now, and strung out, because we cannot make a time line. 76 July 26, 2001 And you can't do capital projects on a year -by -year basis. One of the problems with the whole CD process is that it's an annual process. And we've got to move into five-year plans, which is the first time this was every done. That's why this document -- Now, what I won't say is that CD -- I won't say, but I think that even though we have those agreements, a lot of funds -- projects have been funded with funds that have been made available. in other words, as dollars were made available, those dollars were supposed to go first to carry out that ordinance. They were not. 1 saw it happen every day. I saw pruiects going -- three hundred thousand went to Badley Park, or some amount like that. So 1 didn't object to that. Money went to another activity. t didn't object to that. Most -- a lot of it went to the Model City Trust. l didn't object to that. We're setting up another tntst. I don't object to the tntst in Little Havana. But at some point, we've bot to rationalize and keep faith with the public. And so one of the items on the May -- on the Monday agenda of the CRA will he a reclucst to ask the City to live up to the ordinance or to work with us in doing the 108, beginning, in november, so that we're not into a he said/she said. One final issue. The H013WA money was going to be used a5 a part of the Camillus House buyout, and that's what it was for, so everybody understands. When we requested and accepted the HOPWA money, it was with the understanding that we were going to use HOPWA money and other dollars for the purchase of the Camillus House, to assist them in dealing with what is still the number one problem of the CRA. It's still the number one problem of downtown Miami. It's still one of the number one problems of the City of Miami, which we continue to work on. And so I just wanted to make sure that you, Commissioner Winton, because you weren't here and those in the pubic, we're aware of the history. It's not a pretty history. It, quite candidly, has not been contentious. It could have been. It should have been. And I commend the Manager for making these dollars available, although we need the other Live hundred thousand dollars ($500,000). If it's any way possible we can do it in September, I would be really grateful. Vice Chairman Gort: OK. item 7 -- Commissioner Teele: We need to move -- Alejandro Vilarello (City Attorney): Mr. Chairman, on Item 7 -- Item 16 is an emergency appropriations ordinance. The Budget Director has advised me that she will incorporate the changes that are required by Item 7 into that item. So we'll revisit that on Item 16. Vice Chairman Gott: So we don't have to make any motion on this. This will be incorporated in Item 16. Commissioner Teele: Yeah, we have to have a motion to approve this, this transfer. And then she's going to put it in the bud -- Vice Chairman Gort: OK. Do I have a motion to approve the transfer? Commissioner Teele: 1 moved it, and Commissioner Winton seconded. Commissioner Winton: Second. 77 July 26, 2001 iIiI11L11t� Vice Chairman Gort: It's been moved and seconded. Any discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Toole, who moved for its adoption: MOTION NO. 01-764 A MOTION APPROVING THE EXCHANGE OF $1,000,000 IN FUNDS FROM THE COMMUNITY REDEVELOPMENT AGENCY ("CRA") FOR $1,000,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Upon being seconded by Commissioner Winton, the motion was passed and adopted by thv lbllowing vote: AYES: Commissioner'Tomas Rcgalado Commissioner Arthur E. Toole, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort r NAYS-' None Sa Commissioner Joe Sanchez �, 4 .a • f t h 2 •� � �� � y s a4 x }; pyx av g# r*A,w ?z} v9 �(N s Z `. v c T xF f Z f ! v }der rt rLb w �'i +rf§# °'rh�"`f '�.T•&S,A;sd 'DfiF�Y;u u:`~L i,. {r� + +, i §�" .�74 i.t q�. �....# z as l nv g t G„ �# yt xr 4k c t,y, Y Y ;i✓, d :' zP rl Y �'r'"«"''2�� exr`+r� rLi s#Yr'hz �� �� Y'���� All `frs.'E;c �iz�,�`n.`A "�i. . r�.i{.�-,p# .,gJ >& 4^caf -c` yat't.}� k 4 'f1 r '3rirt"" #,,y*'u ; L'G� ai9�+�. k7,''Y,"&yi11ti i r KA_c �r'r 4r ' � rJa.�'' -�o' "" r ss f t +k, g G S r���iff"asC�' r z x # r ! x: r� e. jtiiw y9 x °5'i�z x€.. ",�,;r�i a Y 4" fir , "P10" �& �-K,L a % .€r�""`�0 �t x 1i� � YdV,.c` ' , r 1'ti n ,S*f c } 78 July 26, 2001 21. DISCUSSION CONCERNING PREVIOUSLY APPROVED ECONOMIC DEVELOPMENT GRANTS TO BUSINESSES ASSISTED BY, NEIGHBORS AND NEIGHBORS' ASSOCIATION (SHAKER'S CONCH HOUSE, GEORGES WILLIAM ENTERPRISES AND OMEGA FASHIONS) Vice Chairman Gort: Discussion, it says, to three businesses through our commercial rehab. Where are we at on this? Commissioner Winton: When did we originally authorize these? Docs anybody remember the dates? Vice Chairman Gort: Well, we authorized it about six months ago. Leroy Jones: December. Commissioner Winton: What was the date? Mr. Jones: In December. Vice Chairman Gort: Six months ago. Barbara Rodriguez (Assistant Director, Community Development): It was in December. it was in the December Commission. Commissioner Winton: Thank you. Commissioner Teele: it would have been helpful if the Manager's memo had given the full background here, so that we know what we're really dealing with. Ms. Rodriguez: Barbara Rtxirigucz, Department of Community Development. On reference to the three businesses, on reference to George Williams, he has an executed contract. He is working with the County. The way this works is that he pays first, the County pays second, we pay third. We have met with Mr. Williams, and he is aware that we're ready to go and make payments as soon as it becomes available. Commissioner Winton: Mr. Chairnian. Vice Chairman Gort: Is this on a reimbursement basis'? Ms. Rodriguez: It's basically on a reimburse -- He has requested to be on a reimbursement basis, because Ire was able to obtain the proper insurance. So, yes, it is on a reimbursement basis to George Williams. Vice Chairman Gott.: Commissioner Winton. 79 July 26, 2001 0 0 Commissioner 'Vinton: Barbara and Gwen, I cello Commissioner Teele's comments just in the previous agenda item, where you all deserve all the credit in the world for working through :u1 impossible situation and finally, reconciling; our hooks in CD (Community Developtucnl), and getting control of everything. And 1 think that's been -- i can't imagine having gone through that myself. I think you all have dune a great job. Auid while Commissioner Teelc says there's probably still some cleanup to do there, you know, the lion's share of that work is done. i think that from my view, you hair a new challenge now And the new challenge is to get -- to reorganize the system so that When we pass resolutions and ordinances to put money out, we have a better system designed that can get the muney out today. because particularly in the development world, time is never, never on our ;ode. Interest rates go up. the economy crash"', you know, all kinds ol' Ihings happen. And there's nothing- like today Lwltingt something clone, particularly when you're in this kind of husincss. So I hope that you all can tutus now on figuring out how you can re-engineer your own systems and processes, in conjunction with the City Attonicy's Office, because it's the two together. One can't do it alone. 'I hese Iwo have to work together. And I would hope that you all leave here today, go huddle over the course of the next month and set up a new set of proccdures that can allow us to get the money out Last, once the Commission's made the decision to Let it out. .And that docs a number of things. It gives the Folks that we've committed the money to the abihty to carry on with whatever the mission is that we're trying to accomplish. It gives the public the sense that this City really is pretty darned good at what it docs, and we're ef7icicnt, and we can snake things happen. We can make them happen quickly. We can impact our COMM Lill ity from a positi%c standpoint. And finally, it cuts down the amount of tinge that you have to spend re -chasing things, because I'm sure they're all calling you live thousand times. I would he calling you five thousand times. So it's going to cut down your workload. And lastly, it's going to cut down our workload, because the people trying to get the money don't have to come back belore the Commission three or four times, where we have these discussions again. So 1 hope that you all can get that done. Gwendolyn Warren (Director, Community Development): \Ve absolutely agree with you. And it is now time for us to re -tool our shop to focus more im expediting things. We have some policy issues that, again, We're going to have to bring back to the Commission, bCCaUSe it's the pendulum effect. When We were in trouble rind at risk of losing millions of dollars, we swung one way. Policies were put in place. Now we need to nluve inure back to the center. So we will be, probably, during the budget hearings, and definitely right after Ihat, coming to amend some policies and make it smoother. It is stili difficult, however, for us to work in conjunction with the County. I think we figured out u way to assist these three agencies. And it's sad that they've had to go through what they have had to go through, but at this point, we're going to request that we he given the flexihility either to contract directly with the agency, husiness andior with their contractor, because some ofthem cannot get the bonding and insurance. Cbnitllissioncr Wiutatl: Could I make one continent about the County issueY lf' we're having problems with the County, then as you develop your -- You may develop new policies and procedures that we may have to pass on, which could allow you to bypass County -- 1 don't if that's factual or not, but if it is, then bring it to us. however, if it isn't, or there still is County intcraction required, I think what you need to do for the Commission is identity with each of us what the impediments to success are. We each have relationships with our counterparts at the County (commission, and I think we've good relationships with our County counterparts. You 80 July 26, 21101 �IIZrI�A 0 • give it to us in writing. We will meet with our counterparts at the County Commission, which sets policy, and we will encourage them to change whatever policies and procedures they have at the County level to make this process work more efficiently. Ms. Warren: Yes, sir. Vice Chairman Gori: Let me tell you, one of the things that we do in private business, networking. Maybe you should take Alex for breakfast or lunch, and get the counterpart in the County. And like he stated, any problem with the County, let us know, because the elected Commissioner from the County would be interested to see that those businesses prosper, also. Commissioner Winton: Because they're the same constituents. Ms. Warren: 1 guess maybe I misspoke. The problems are not with personnel with the County. One of the examples is it takes the County some 30 to 00 days to reimburse. 'fakes file City ten. So %%hen you're dealing with a small business, and our money is in last, that becomes an issue. The contracting process and procedures are different. The bonding process. Su -- Commissioner Winton: But you need to tell -- We don't want to hear it all today. Ms. Warren: OK. Commissioner Winton: You need to figure out what the impediments to success are, and let us go work on it from a County standpoint. Vice Chairman Gort: OK. Thank you. Yes, sir. Georges William: Well, good morning. My name is Georges William, 8100 Northeast 12'h Avenue. Basically, Commissioner Winton says all, and nothing else I could put on to cover the whole angle of that. So what I Just have to say, thank you very much, Commissioner Tecle, all of you. The intention was there, but unfortunately, with the bureaucrats oi'politics, this happen. So I'm here to thank you, and then hopefully, we'll get it over with. Thank you. Vice Chairman Gort: Yes, sir. Commissioner Teele: Public hearing. Vicc Chairman Gori: Mr. Joncs. Mr. Jones: Leroy Jones, 180 Northwest 02"'l Street, Neighbors and Neighbors Association. I'd like to thank the City of Miami. l met with Ms. Barbara on Wednesday, and we did work out a workable agreement with Shaker's Conch House and Georges Williams, which both businesses are satisfied with. And with the commercial revitalization program with the County, the County has done a little better. They've been making payments within lit days on a average now. So it did took about a nrontlt or two, but they've gotten better recently, And I want to bring to the Commission's attention that the County projects that the County doing, they're putting billboards 81 July 26, 2001 IZ1IIilIZ01% up and stating where the money is coming from, the Commissioner district. And I don't know if the City was thinking about doing that, but the County has already gotten its billboard up at Shaker's Conch House. Commissioner Winton: We're thinking about tearing billboards down. Mr. Jones: No, not those. You know what I'm talking about. The billboards that they up in front of projects, which they funded. But we did work out a -- 1'd just like to thank Ms. Barbara, and Gwendolyn, mid Mr. Fernandes for working with us to resolve this issue. It's been a long time, so thank youso much. Vice Chairman Gort: We understand. Thank you. Got it done. OK. Do 1 have -- Commissioner Tcelo: Mr. Chairman, I would move the item. Vice Chairman Gort: Yes. It's been moved. Is there a second? Commissioner Winton: Second. Vice Chairman Gort: Any further discussion? Reins none -- is this a resolution or an ordinance? What is it? Alejandro Vilarello (City Attorney): That was just a discussion item. Vice Chairman Gort: I beg your pardon? Mr. Vilarello: It was a discussion item, a report on the status. Vice Chairman Gort: Discussion item. Mr. Vilarello: No legislation. Vice Chairman Gort: There's no action to be taken, then, except what we instructed you to do. Ms. Warren: Correct. Vice Chairman Gort: 'rake Alex to lunch, will you? Ms. Warren: I'll take Alex to lunch. He'll buy. 82 July 26, 2001 22. CONFIRM APPOINTMENT MADE BY VIRGINIA KEY BEACH PARK TRUST OF LYNETTE WILLIAMS AUSTIN AS EXECUTIVE DIRECTOR OF SAID TRUST AT SALARY OF $70,000 PLUS BENEFITS AND EXPENSES. Commissioncr Teele: Mr. Chairman. Vice Chainnan Cort: Item 9. Commissioner Teele: Mr, Chainnan, I would like to bring up Item Number 12. Item Number 12 is an item that Mrs. Range and Mrs. Thomas and others are here on. Weare required to approve the selection of the executive director. The resume is a person well known to the City, Lynette Williams Austin. You may recall, she worked for many years at Greater Miami United as a director of technical services. She worked in 'l'allahassee as the executive director of the Mousing Development Corporation. Of course, she served as a redevelopment specialist at the Miami Beach Redevelopment Agency, and on and on and on. She's coming here now from the Savannah Entrepreneurial Center and having worked as a professor part-time at the Savannah College of Ail and Design and she has the unanimous support and approval of the Virginia Key Park "frust to be the director. I would move the confirmation of Ms. Williams. Vice Chairman Gort: It's a motion by Commissioner Teele. Commissioner Winton: Second. Vice Chairman Gort: Seconded by Commissioner Winton. Any discussion'? Commissioner Tecle: 1 would yield to Mrs. Range -- Coin missioner Range to sec if she had any input on any matter on this. Athalie Range: Thank you very much and good morning. My name is Athalie Range and i reside at 5727 Northwest 17"' Avenue, here in Miami, Florida. To the honorable Commissioners, we're very grateful for your participation in this, and we conte this morning you have before you the credentials of Mrs. Lynette Williams Austin, and it is our sincere hope that you will see fit to approve Iter and accept her as our executive director. We hope for many, many things and we're ready to go to work. Thank you so much. Vice Chairman Gort: Yes, ma'am. 'Thank you. Any further discussion? Commissioncr 'reele: Mr. Chairnian, the Trust is, indeed, fortunate to find Ms. Williams again and bring her back her again from Savannah, and she's had a very distinguished history in working with the Chamber of tilt: City of Miami. She's very much involved with the Chamber and very much involved with a number of community organisations that reach both within the African-American community and within the broader communities, and I think it's a real reflection of the strength of the board. I would move the item call the question on the item, sir. 83 July 26, 2001 Mewele • • Ms. Range: Ms. Williams, if you're here, would you stand, please. Come over here. (Applause) Ms. Range: I'm sure she'll be at your service. Commissioner Tcelc: It would be appropriate then for you to put your name and address on the record, Dr. Williams - Ms. Williams. Ms. Range: See, we're disagreeing, already. Lynette Williams Austin: Lynette Williams Austin, 812 Northwest 57"' Street, in Miami. Commissioner Winton: Welcome. Ms. Austin: 'Thank you. Commissioner Teele: We're looking to you to be active with both the Greater Miami Chamber and the Miami -Dade Chamber like you were in the past. Ms. Austin: Yes, I will, and anything else I can get involved in as well. 'Thank you. Vice Chairman Gort: Well, thank you. You're welcome. Ms. Range: Thank you. If I might just add one item: It might please you to know that we have contacted and have been approved by the Dade Community Foundation to join you in our struggle, so thank you ever so much. Vice Chairman Gort: "Thank you, Ms. Range. Commissioner Teele: All right. The Attorney is reading into the record —Ms. Range, the Attontcy just read into the record that we approve not only the individual, but we approve the salary. So, is the salary matter before us? Has the board... Ms. Range: 1 think not. We have --this is our suggestion to the board. I think it's the duty of the board o set the salary, and we have. And, of course, we brought it to you, along with the application. Commissioner Teele: I didn't get that. What's the salary, Mr. Attorney? Mr. Alejandro Vilarello (City Attorney): I believe the board has not yet set the salary. Ms. Range: Yes, sir, we have set the salary. Commissioner Tcele: Would you state it on the record? 84 July 26, 2001 Mr. Vilarello: OK. Well, both the individual and a salary need to be approved by the City commission, so just state the salary into the record. Commissioner Teele: You need to just state what the salary is so we can put it in the motion. Ms. Range: The salary is seventy thousand. Commissioner Tee1c: Seventy thousand dollars ($70,000), plus fringe benefits and expenses, as deemed appropriate by the board of directors. Ms. Range: That is correct. Commissioner Teele: So moved, Mr. Chairman. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. Any further discussion? Ms. Range: Thank you very much. Vice Chairman Gort: Being none, all in favor state by saying "aye." The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 01-765 A MOTION CONFIRMING THE APPOINTMENT MADE' BY THIS VIRGINIA KEY BEACH PARK TRUST OF I.YNETTE WILLIAMS AUSTIN AS THE EXECUTIVE DIRECTOR OF SAID TRUST AT A SALARY OF $70,000 PLUS BENEFI'T'S AND EXPENSES AS DEEMED APPROPRIATE: BY SAID 'CRUST. 85 July 26. 2001 • 0 Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chainnan Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: ;gone ABSENT: None Commissioner Winton: Chargel Ms. Range: Thank you. Commissioner Sanchez: Make it happen. Vice Chairman Gort: Go get them. Gene Tinney: if 1 may, Mr. Teele? Just a point of clarification on the salary. It's seventy with the performance based three percent increase after the six-month probationary period. OK. Just so it's correctly in the record. Commissioner Winton: We need to approve that extra part? Commissioner Sanchez: Well, we didn't vote for that. Commissioner Winton: It's seventy thousand. There's performance based increases at the end of six months. We don't have to approve that? Commissioner Tecic: Just bring us back the performance based before you implement it. Let's all agree to this performance — so, conic back in six months with that and we'll approve it, with what she did. Commissioner Sanchez: In six months. Commissioner Winton: Including the performance. Commissioner Sanelicz: Including the performance report. July 26, 2001 23. AUTHORIZE MANAGER TO EXECUTE MANAGEMENT AGREEMENT WITH FLORENE LITTHCUT INNER-CITY CHILDREN'S TOURING DANCE COMPANY, INC. j FOR USE OF 8,693 SQUARE FEET OF SPACE WITHIN HADLEY PARK COMMUNITY CENTER, INC., LOCATED AT 1300 N.W. 507 STREET FOR PURPOSE OF PROVIDING j CULTURAL. AND EDUCATIONAL OPPORTUNITIES TO CITY RESIDENTS, fORGANIZED COMMUNITY GROUPS, ORGANIZED ART GROUPS, AND GENERAL PUBLIC. Commissioner Teele: Mr. Chairman, it's 11:26, and i know that Commissioner Regalado is going to leave. We had deferred one item from the -- the rule is, we had deferred one item from the consent agenda to the regular agenda last meeting, and we said that it would he the first item this time. 'chat item number, 1 believe, is item number 22. And I'd like to bring it up, because, Commissioner Regalado, this is the Tower Theater by another name and a different kind of problem, but it's the same basic problem. And so if I may, I would like to bring that item up, in that we -- Is it 22 or 23? Commissioner Winton: Regular 22? Commissioner Teele: Regular 23. Vice Chairman Gott: Right after that, 1 also have an emergency. I'm going to have to request for item all to be heard, also. Commissioner Teele: All right. Vice Chairman Gort: OK, item 22, Commissioner Teele: it's item 23. Vice Chairman Gort: Twenty-three. Commissioner Tecle: Mr. Chairman, for purpose of discussion, 1 would move item number 23, which is the management agreement within the City -- between the City and Florette Litthcut- Nichols to manage the culture component of the Hadley Park Community Center located at 1330 Northwest 50 Street. Commissioner Winton: Second for discussion. Herschel llaynes: My name is Herschel Haynes. Vice Chairman Gort: Discussion. Mr. Haynes: And I'm the chairman of the Badley Park Homeowners Association. My address is 4601 Northwest 15`x' Avenue. And -- Commissioner Teelc: Is the Parks Director available, Mr. Manager? 87 July 26, 2001 11nm►«I: • 0 Carlos Gintenez (City Manager): Yes. sir Vice Chainnan Gorr: Let's hear from the Park presentation, then let's sec what -- Let's hear from the Park presentation, and then we'll hear fmm you. Commissioner '!'cele: Parks anti Asset Nlanagemcnt, I guess. We need to have the presentation presented for the discussion. Is Asset Management -- Who negotiated the deal'! Alberto Ruder (Director. Parks & Recreation): It was Asset Management aind with us. But they're the ones that actually put it int the agenda. I know some of the details and some of the value. Commissioner '('cele: All right. Let me bring to the Commission's attention that in the last Commission meeting, we approved consent agenda item number 21, and consent agenda item number 21 which was passed -- this is 22 -- was pulled at my requesL And I want to apologize publicly to Flurene Nichols and to the children. 'nic City accepted a donation of ninety-seven thousand, five hundred dollars ($97,500) front the Fiorene Nichols Inner -City Children's Dance. Company to be used toward the construction and the development of a black box theater and dance and exercise component. Alejandro Vi]are]lo (City Attorney): Ilow much was that, Commissioner? Coin ill issiotier Teele: Nincty-seven thousand, five hundred dollars (S97,500). And it was donated with the proviso that the same amount of money would he provided by the City, through the Safe Neighborhood Park Bond money. By way of background -- and we're going to publish this, because so much is being said that, quite candidly, needs to he put into the record now. By way of background, this community center was approved by the Commission in the mid-1990s at one point two million dollars (SI.2 million). When 1 was elected three yours ago. 1 heard Coin inissioner Gort making certain conimitntents in the community that the City was going to build this facility. And I say that because he was running -- he had been running at large, as all of us had -- Commissioner Dawkins and others -- and the City had, indeed, funded a community center for the AARP (American Association of Retired Persons); for the Hadley Park f lomeowners Association, religious organizations and people who use the park specifically. Once I sat down with the community leaders, and particularly the Optimists and others, it was very clear that the one point two million dollars ($1.2 million) for this facility, which had been funded for approximately three years -- actually had gotten funded, and then the money switched around and hack and forth -- in '97 was not sufficient. We immediately began a process with the Parks Department to identify additional money. In January and February of '98, the Safe Neighborhood Parks Committee issued their first set of RFP's (Requests for Proposals) for partnerships. That is not for cities to apply. but the category was partnerships. After it long discussion, the Optimist Club was agreed upon to submit it grant request of about six hundred thousand dollars ($600,000), About a week before or two weeks before that grant request was due -- and Mr. Director, you need to pay attention to this, because if I say something wrong, want the record corrected. About two weeks before the grant wits due -- i think it was due in March or February -- When was it due'' 88 July 20, 2001 • • Mr. Ruder: i believe you're right. It was roughly that time line. I don't have it exactly. Commissioner Tcele: I remember it was alter Martin Luther King holiday. It was in March or February. I received an urgent call from the Hadley Park Homeowners Association, and indicated that they would rather not have the six hundred thousand dollars (S600,000) if the Optimist Club was going to receive the money and manage that component of the grant activities. We went to the board. The board unanimously voted or the board overwhelmingly voted that they would not support the Optimist Club. And 1 was in a dilemma us to how to proceed. We finally found an ort aniiation in the I ladle), Park that had a component. And what the board, the Safe Neighborhood board was looking for was a history of handling money. And that was the Inner -City Children's Dance. We took that to the homeowner association in February, three days before the grant was submitted, and the board unanimously approved Florene Nichols. Candidly, I was surprised when I understood two weeks ago that there was an issue. This is February/March of 1998. Since '98 to today, the Hadley Park Homeowners Association has worked closely with the Parks Department and with Ms. Nichols. Apparently -- I want to hear from the association -- there is some concern about the agreement. But to focus in on the park activities directly, the one point two million dollars then went with a grant of -- was it six hundred thoustuud or three hundred thousand? Mr. Ruder: I think it was six hundred thousand. Commissioner Tecle: Six hundred thousand dollars from Safe Neighborhood Bond, which then had to be matched by the City. And so Ms. Nichols and the City jointly applied. That application was one of few that was 100 percent funded. And the reason we applied there-- and the Commission's instructions to the Parks Director was to apply every -here in the City. But the key was you had to have the matching money, and you had to have the matching money at the time of the application. Is that correct, Mr. Directory Mr. Ruder: Yes. It had to be non -Sate Neighborhood dollars, and Hadley Park had over a million dollars ($1,000,000). Commissioner Teele: One point two million. Mr. Ruder: We offered that as a match and then actually it came -- we got about six hundred and sonic thousand, because -- Commissioner Teele: But I want to deal with the issue, though, Citywide. Mr. Ruder: OK. Commissioner Teele: Because I'm putting this on the record for a reason. Mr. Ruder: Yeah. 89 July 26, 2001 9 • Commissioner Teele: Where else in the City did we apply for Safe Neighborhood Parks bond money in that cycle with the partnership in February of '98? Mr. Ruder: There were only a few parks of which we had non -Safe Neighborhood money in the bank. And one of them was Jose Marti, Shenandoah; 1 think Simpson and Vinrick, as well as Hadley. Commissioner Tecle: And where did we apply? Mr. Ruder: When? Commissioner Tceic: Where did we apply? We applied in Hadley Park and where else? Mr. Ruder: Simpson. Commissioner'I'ecic: How much did we get in Simpson. Mr. Ruder: 1 don't have all those numbers but -- Commissioner Tecle: about. Mr. Ruder: Roughly, about a hundred, maybe about a hundred thousand; Marti, maybe about four hundred thousand; and Virrick, somewhere along -- this was the -- we got the most for Radley, because we had the most to offer as a match. Commissioner Tecle: We got the most money totally for Hadley Park, and it wasn't based on politics, because I want everybody to understand that this is based on the ability of the local community and the local organization to come up with the application and the concept. In fact, the Director of the Safe Neighborhood Park Bond that is appointed by Commissioner Carey, what's the lady's name? Mr. Ruder: Mary roerenbach. Commissioner Tcele: Ms. Foercnbach said that this grant is the best grant that they have ever received, because it is multi -generational, multi -racial, and candidly, it involves women. Most of the parks activities, unfortunately, are male -dominated. The component of this grant included provision for the Optimist Club's offices, as well as a culture office. So the one point two million dollar brant went to one point eight million dollars. Then there was an effort in -- Commissioner Winton: Commissioner Teele, just for clarification, that extra -- that six hundred thousand dollars ($600,000), that came from where, though'? Commissioner Teele: That came from Safe Neighborhood Parks Bond based upon -- Commissioner Winton: In an unrelated -- OK. 90 July 26, 2001 0 • Commissioner Tecle: Based upon the .joint application of the Inner -City Children's Dance Company and the Parks Department. Commissioner Winton: Thank you. Got it, got it. Commissioner Tcelc: OK. Subsequently, because of this Commission and the Manager's actions, the one point eight million has bone to two point seven. And thanks again to the Manager's efforts, that dollar amount has been rounded off with a poison pen stare from the Manager, not a dollar more of three point -- what's the number we're at, Mr. -- Mr. Ruder: I think it's about three point seven or so. Commissioner 'recle: Three point seven million dollars. So in three years, from January of '98 to now, a one point two million dollar grant has gone from one point two to three point eight. But in addition -- Commissioner Winton: I bot to learn sonic of those skill sets. Commissioncr Tc6c: But in addition, that does not include the money that Ms. Nichols, under the grant agreement is obliged to raise for the park, To date, Ms. Nichols has raised over a hundred thousand dollars ($100,000), not including the six hundred thousand dollars ($600,000), which she was a co -applicant with. We don't really give her credit for that. We acknowledge her role in that. But I think the most important thing that the public needs to know -- because this is where I am with my district, District 5 -- we have got to create more partnerships for programming. We don't have nearly enough programming in the parks. By the Inner -City Children's Dance Company managing this facility, the City will save approximately how much money, Lori'? And we've asked that you all make that number available, based upon -- If' we took her out of the picture -- let's don't talk about anybody else now, but let's just say she had nothing to do with it, and the City had to staff it and run the same kind of program, without talking about the quality of programming, approximately how much money would we spend? Mr. Ruder: We would spend over two hundred and seventy thousand dollars (5270,000). So, you know, close to three hundred. Commissioner Winton: But per what? Commissioner 'retie: A year, yearly. Mr. Ruder: A year, operational costs for us to run that portion. Commissioner Winton: Two to three hundred thousand per year. Mr. Ruder: Right. Commissioner Winton: Not a one-time expense. 91 July 26, 2001 Mr. Ruder: No, no. Yeah, per year. Commissioner Winton: Thank you. Mr. Ruder: Yeah. Commissioner Tecle: And so one of the concerns that I have, even as we talk about the Model City's Trust and all these other things, it's easy for us to propose building parks. That's the easy thing and the convenient thing. But the real tiling that's killing us in this City is we don't have enough money to run parks. So Ms. Nichols' fiscal impact to this City in the first year of operation is well aver three hundred and fifty thousand dollars (5350,000), documented, positive. to the City of Miami. So recently, I understand that there was a concern. I want to lel the park -- Mr. -- Mr. - Mr. 11 aynes: I l aynes. Commissioner Tecle: -- Haynes put his issues on the table, which I'm unaware of. But 1 do think that the fiscal issues need to be documented. And I think it's important, tits. Nichols, it' you would come down and respond directly to Mr. Ilaynes with the people that you have here. Mr. Haynes, you're recognized, sir. Mr. Haynes: OK. In regards to what you just said. Commissioner, we did agree to partner up, and 1 think that's the key word. We agreed to partner tip with Ms. Nichols when you rcf'erred her to its in regards to an improvement on the facility. However, basically, what we basically disagree on is just the wording of' the resolution. We think that the management ofthe facility should be under the City, now and always, because the City has the foundation to address the needs o1'thc facility futuristically. And that is basically our disa►treenicnl and our opposition. I have no opposition to Ms. Nichols. If she'd, you know, care to, you know, acknowledge it, I am the person who went out to help her get the first grant, which is in excess of forty -some thousand dollars. And so I don't want to take up all of the time, and I know it's not a lot of time, probably, for this issue. It's it couple of other hoard members that would like to address the issue, so at this time, 1'd like to call them up, if it's OK. Vice Chairman Gort: Go right ahead, sir. Lillie Williams: Mr. Chairman and Commissioners, my name is Lillie Williams. 1 live at 1180 Northwest 50°' Street, directly across from Hadley Park. My concern is, who does the park belong to, number one'? hoes it belong to the residents in that neighborhood? Docs it belong to the City? Who has the right to do business in the City park? Who is the manager of the park'? Which department is hiring? Who is doing the interviewing in the process? My other question is, who will pay Ms. Nichols if there are no funds, if'she's not able to get grants? 'These are the questions that I have in mind, and I'd like answers to them. Vice Chairman Gort: Yes, ma'am. Anyone else? 92 July26, 2001 �IQ�1I�f�c George Stanley: Good morning, Commission. My name is George Stanley. 1 live at 49311 Northwest 15''' Avenue, Miami, Florida, 33142. The question I would like to ask: Why should one dancing company have exclusive right to the community center, when we have other dancing company -- we have other children in the Model City area who are in other dancing company? Should they be a student from the use of the theater wing? Number two, how can the director of the dancing company legally write grants for the Hadley Park Community Center without the approval of the citizens of the Hadley Park community? Number three, why did our Commission not notify the Iladley Park Homeowners Association before putting the Radley Park Community Center item on the agenda? "Chose arc the questions I have. Vice Chainnan Gurt: Tha►tk you, sir. We'll answer those questions. Aiiything, else, Mr. Haynes? Mr. Haynes: Well, we'd like to know while we're here, because it's so many -- it's so difficult to get people down to address the situation, because it's a lot of board members tuid people are at work, and busy. And so while we're here, rather than having to conk hack to re -address this, we'd like to have some answers. Vice Chairman Gott: I think these arc very good questions, and this is being taped, and it'll be re -programmed again. And Commissioner Teele, if 1 may, Commissioner 'Feele: Yes. first of all, I would like to instruct the City Attorney to record each of the questions and to provide a written answer, based upon the responses, right here, right now, to the homeowner association and the board members that arc individually identified by registered mail. I would ask the Parks -- Asset Management. First of all, no park is owned by the community directly. The legal ownership of all of our park facilities are with the City of Miami, the municipal corporation, which this is the hoard o1' directors in. The technical title of the parks is owned by Asset N9anagement. And so, Madam Director, would you like to begin answering the questions as it relates to who owns the park, and does Ms. Nichols -- is her right an exclusive right, to the exclusion of others, or docs she have right merely to manage and to ensure that others use and utilize the park:' You can answer the questions that relate to you directly. Lori Billberry (Director, Asset Munagemenl): OK. Lori Billberry, Asset Management. The City of Miami owns the park and Inner City Dance will be managing only a portion of the building to provide cultural and dance programs. Commissioner Winton: How much ofthe building.' Ms. Billberry: 8,693 square feet. Commissioner Winton: Of how much? Ms. Billberry: 21,000 square foot building, approximately. Commissioner Winton: OK. About a third. 93 �It'Ill�' July 20, 2001 • Ms. Billbcnry: Yeah. And she will he providing these programs. They will he available to anyone who wants to go to and join and participate in tier dance program. This is a management agreement. And each year, she has to submit an annual plan to the Parks Director for his approval, which will spell out her budget, what her programs, how she's going to market it, and make sure that she fulfills tier obligations under the management agreement, but also to ensure that we are meeting the needs of the community, so lie has a better understanding "he,- the Parks Director, has a hetter understanding of what some of the demands might he, so that site may need to modify her program slightly to address those needs. Commissioner Winton: And what happens at the end of each year if she doesn't meet those needs? Ms. Billbcrry: There are performance reviews. And this is a seven-year agreement, but she would probably he put on notice it, some manner to ensure that she brings her standards up. Commissioner Winton: Could you be put in violation of your lease agreement and the lease cancelled? Mr. Vilarello: It's a management agreement. Commissioner Winton: Oh, it's a management agreement. So you could. Ms. Billbetry: [tight. So she needs to perform to the satisfaction ofthe City Commissioner Winton: OK. So there's safeguards along the way. If' something happens to her and she can no longer porlorm, or she decides she don't want to perform, I mean, there's safeguards in there, so that this isn't lbrever, you know, for that entire period. ]'here are safeguards that are evaluated each year to assure that the community needs are being mct. Is that what I hear you saying? tits. Billherry: Yes, Commissioner Winton: Thank you. Vice Chairman Gort: Let me tell you all, I've met with the Optimists, I've met with them, I've met with the homeowners association. 1 think the main worry that the homeowners association had, they've had problems with the Optimists. This is going back for a lbw years. We all know it. I sat down with the Optimists. I talked to them. And what they're afraid of is that they worked real hard to get this dune, that they're not going to be able to use the park and they're not going to be able to have the tacility. And that's what the honteo-wilers are worried about. We have to make sure that whatever -- and the reason we're asking for it nnanagement agreement is because we're running out of money. We want to make sure that our parks continue to go. And we are creating advisory hoards, and we're also creating Adopt -A -Park. So anybody that can adopt a park that can come in and pick up those expenses, we're willing to work with. I think the main problem with the homeowners association is that they have worked very hard to make sure 94 July 26, 2001 01MOM that they have the facility built, that they will have the use of the facility. So illy recommendation to you, Commissioner Tecic, is amend it, the contract, to make sure that it's acknowledge in there that the homeowners association has the right to the facility, what is going to be the use, when are they going to use it, and so on. 1 think that's their main worry. that they'll be able to use that. And that is very important. Commissioner 'Ifccic: 1 will accept any amendment that the Attorney can fashion that doesn't impair the essential agreement. necausc let me tell you what we're talking about. We're talking about 8,000 square feet of 22,000. But le( me just tell you why this fining cost so much money. It cost -- two hundred and (iffy thousand dollars (S250,000) of the cost is because neither the Commissioner, the homeowners association, nor the Parks Director, nor the contractor, and most of all, nor the architect listened to Ms. Nichols in the beginning. And (his problem is the black box. You cannot have a black box that doesn't have a raised roof. It's just -- it's not a black box if the roof isn't raised. You know, and for people to start talking about, well, there are other organizations that want to manage this theater, let me tell you something. Ms, Williams: I didn't say that. Mr. I laSiies: She didn't say that, Commissioner. ('ommissioner Tecle: 1 didn't say someone said it. I said for there to he a discussion that there arc other organizations that may want to manage a portion of the facility, or to be involved in the children's component, I'm going to be very candid with you. There would not be a black box, as we see it today, were it not for Ms. Nichols. The only time -- and I hope you won't be; offended - - that I've ever seen Ms. Nichols act like she came right out of the hood, like the rest of us -- because Ms. Nichols carries herself very much like a lady -- was in the discussions, and literally, the tights about making sure this is a first class facility. And l commend you, Ms. Nichols, because what you've done, I think -- and I'll say this on the record. 'The only black box theater in the entire City of Mianni Parks inventory is this facility. There's not one in Morningside. 'there ain't one in Brickell. '!'here's not one anywhere in this City. The County's bot several. And 1 think, you know, what is happening right now in Iladley Park is a direct !'unction, not just of building a little community center roonn, which we need -- it's important -- but taking a one point two million dollar (S1.2 million) project and making it a three million dollar plus first class prgiect goes -- almost four million dollars (S4,000,000), Johnny. It's a sensitive subject with the Manager -- really goes to Ms. Nichols. And I'm very grateful that you were such an advocate, Ms, Nichols. So I will accept the amendment by instructing the At(onicy to ensure that that language is clear, so us long; as it doesn't impair the agreements that have been written by the Asset Management Department, Ms. Williams: Mr. Chairman, the statement was that there are other artists in this community. The question is: Will they be able to use the theater as well as els. Nichols? Commissioner 'fccic: Asset Management, could you answer that, based upon the agreement? Ms. Billberry: Yes, other people can schedule using the facility through Ms. Nichols. She would he booking it, you know, on behalf ofthe City, as the matna,ger of the facility. 95 July 26, 2001 0 0 Commissioner Winton: Does she encourage bookings from other organizations? Commissioner Teelc: It's a good time for you to put your name and address on the record. Florene Litthcut-Nichols: Florene Litthcut-Nichols. I'm the founder and Executive Director of the Inner -City Children's Touring Dance Company. My address is 4120 Northwest 8"' Avenue, 33127. 1 live right in the City of Miami, and 1 have been for the past 25 years. Just to go back a little bit about me, I've been working in this community for 30 years. i've had some of these people in this room's children, grandchildren and them in my school. ['ill very excited about having the opportunity to run this facility, And 1 brought my children with file so that they could he a part of this historical event to talk about it. Thcse arc the children that will be taking part in our program. As you see, these guys look like they're sports gays, don't they? And they do play football and other things like that, but they take ballet, and tap, and African dance, and etiquette program, and the whole thing. So we try to give our children a well-rounded life, 1 don't remember what the question was, so ifyou can repeat it again. Commissioner Winton: The question is: Do you encourage other -- 'There's a difference, a very distinct difference between "willing to book" and "encouraging other organizations to utilize the black box facility." Ms. Nichols: Yes. As part of the funding that we receive from Dade County, we are required to ensure that other companies come into the facility. We welcome it. We'll have times in the mornings if small dance companies would like to come in and have rehearsals. If small groups that cannot attract large audiences, like at the Caleb, or at the .lackic Gleason, we have the 250 - scat black box theater which is very intimate, which would allow groups from other parts of the City who would like to come over to our side of the City that couldn't get the type of audience, we can provide those type of things. We'd like for the AARP to be instrumental in our volunteer program with tutorial. Commissioner Tecle: Ms. Nichols, I think it's important that you answer Commissioner Winton's question to the satisfaction of everyone, and that is: Will you encourage other organizations to utilize that facility? Ms. Nichols: The answer is "yes." Commissioner Tecle: And will you work cooperatively with them and the homeowners association to ensure that we maximize the venue, so that everyone has access to it? Ms. Nichols: The answer is "yes." Commissioner Teele: OK. Vice Chainnan Gort: Let file tell you -- Commissioner Winton: And Commissioner Tecle. may I -- I'm sorry, Mr. Chairman. 96 July 26, 2001 IZIIiiPl Vice Chairman Gorl: Go ahead. Go ahead. Commissioner Winton: Normally, 1 would know a few details about this kind of thing, because it's in the middle of Commissioner Teele's district. I'm the Chainnan of the Charter Review Committee, and last night, we had a public hearing on Charter Review at Hadley Park. So I had an opportunity to talk to some of the Hadley Park homeowners last night, and understood clearly what -- well, I think 1 understood clearly what their concerns were last night. And so I was anxious to have this debate here today. And I want to ask a question in that regard, because I think it really can get to the heart of the issue here. You are -- What the City is doing here, 1 think -- and this is a question -- is what the City's doing is entering into a management agreement with Ms. Litthcut to manage the black box'? Within the structure of that agreement, she has the right to run tier own programming in this facility, but she also has the added responsibility, as a public servant, to manage the entire facility, on behalf of the greater community, and encourage other participation. Is that accurate? Mr. Haynes: No. Ms. Nichols; No. I don't ntange the -- I would not be managing the entire facility. Commissioner Winton: No, not -- just -- I'm sorry. 1 didn't -- Commissioner Teele: We're talking about the 8,000 square fret culture component. Commissioner Winton: Yes. And I misstated that. Ms. Nichols: OK. Commissioner Winton: The black box part. So her responsibility here, Herschel, is to not just to manage her programming, but to manage for the public, for our public, for your neighborhood, for our greater community that one third of the facility, which is the black box. And her job, we are saying -- And I've heard the economics here, and the economics, to me, arc very rational and good for our City, I'm hearing. 1 mean, this isn't a tough issue from an economic standpoint. Phis is pretty clear to me that it's a darn good deal for the City. So the concern is, docs she just get to "glom" onto this thing? It's a black box that literally is a black box and closed off to the entire community, and it's her deal. And what I'm hearing here clearly is that it is not her deal. It's -- she is hired to stand in the shoes of this City and to manaEte that black hox facility on behalf of our City, which means that site has an absolute obligation, just like the Parks Department does, to work hand in ]land with AARP, the neighborhood homeowners association and others, so that you're not losing any control, authority, power, whatsoever. This is really a joint venture effort where the City has been fortunate enough to find the kind of consultant who is willing to use their own money to manage this thing, which saves the City money, but in addition to that, has been responsible for helping us raise a big chunk of additional moneys -- six _ hundred thousand -- and finally raised a hundred thousand dollars ($100,000) it'-- no%%,, l want to make sure this is right -- a hundred thousand dollars (S 100,000) of money from somewhere else that's coming into this program. 97 July 26, 2001 Commissioner Tecle: Let me explain. And you're 100 percent right. There is a piano. The piano cost -- how much docs it cost? Ms. 'Nichols Tcn thousand dollars ($10,000). Commissioner Teele: Ten thousand dollars (S 10,000). The piano -- it is a baby grand -- was in the City budget. I said to the Parks Director and the contractor, there is no way the City of Miami is going to buy a ten thousand dollar ($10,000) baby grand. I can't explain that to people who don't have jobs. But you need a baby grand. I took that out of the Parks budget and said, "Ms. Nichols. if you want a baby grand, you're going to buy the baby grand." And ruts. Nichols then went out and made a grant, and there's going to be a baby grand. That baby grand will be them It's ltcr baby grand. fhe same thing relates to the Y.A. (public address) system. The City P.A. system was like sixty thousand dollars ($60,000). Ms. Nichols says that doesn't work. We need another -- it cost another thirty thousand dollars ($30,000). She had to go out and do it. The P.A, system is built into the walls. She can't take the P.A. system out when site leuves. So this is a true partnership. And you can go down that line -- but more importantly, Johnny, she is obliged under this grant to write grants next year and each year that site has it, fie the benefit of this facility, Commissioner Winton: So Herschel, from my viewpoint, I think that it sounds to me like this really is a good tical for the City. And the missing link here, the missing link is that Ms. I.itthcut really does need to, right after this meeting, sit down with you all and begin to plan for (lie future, so that we have a really great working relationship between the asset vahte that she's bringing to your neighborhood and our City and linking that up with the asset value that y'all bring to that neighborhood. and we can move on with this thing with an absolute major win/win. And that's kind ofhow I see it. Vice Chairman Gort: Johnny -- yes. Mr. Haynes: And Commissioner, I thoroughly agree with you and your counsel in the situation. 1 just basically think that that needed to have been borne out and said, so that it can be clear now and futuristically. I have absolutely no qualms with -- I've said h lore -- Ms. Florence (sic) LittllCUI, I know her and what she has, you know, done, and her passion for children and things Io that nature. I just think that, as she knows, that it started off as it collaborative effort, and as she knows, that the people have to have a foundation to support her. And that's where we stand and that's where we -- and that's where site came aboard, is with us standing there. And she knows also that it was a hoard member and a pioneer within the City, Ms. Nancy Dawkins who came before you guys almost ten years ago. And it was out of the wisdom and the vision of Commissioner Plummer that we have a center. Commissioner Winton: God, he had some? Mr. Haynes: And so these are the kinds of things that need to he incorporated in here. Commissioner Winton: Sorry. �ZiDI1I: � 98 July 26, 2001 • Vice Chairman Gort: Herschel, I think the main point was in the meeting that 1 had with you all, you need to understand -- and Johnny took all my speech -- you need to understand that our parks are public parks. They're open to everyone. But at the same time, you have to have certain management to coordinate that all those events take place. We're going to have sports for kids. Now we're going to have cultural events for kids, and we're going to have room for you all. And you've been fighting for a long time. And that's a commitment that I made way back in getting together with you. 1 got together with the Optimists. I set the rules and hopefully, this will be an ideal park, and it's going to be one of the most beautiful and performed and used parks in the nation. So I want to thank all of you. And I'm glad this takes place, because rumors, unfortunately, ruin a lot of good deals. So this is one way to clarify up all the rumors. Thank you. Any further discussion? Mr. Haynes: OK, all right. Ms. Nichols: Thank you. Thank you, Commissioners. Commissioner Teeie: Call the question, as amended. Vice Chairman Gort: As amended. All in favor state it by saying"aye. 99 July 26, 2001 E • The following resolution was introduced by Commissioner Teelc, who moved for its adoption: RESOLUTION NO. 01-766 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT ("AGRE'EMENT"), T\ SUBSTANTIALLY THE ATTACHED FORM, WITH FLORF.NF LITTHCUT INNER-CITY CHILDREN'S TOURING DANCE COMPANY, INC. (THE "PROVIDER"), FOR THE USH OF APPROXIMATELY 8,603 SQUARE FEET OF SPACE. WITHIN THE HADLEY PARK COMMUNITY CENTER, WHICII IS UNDER CONSTRUCTION, LOCATED AT APPROXIMATELY 13011 NORTHWEST SOTII STREIET, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING CULTURAL AND EDUCATIONAL OPPORTUNITIES TO CITY OF MIA -N41 RESIDENT, ORGANIZED COMMUNITY GROUPS, ORGANIZL'D ARTS GROUPS, AND THE GFNFRAL PUBLIC, FOR A TERM OF SEVEN (7) YEARS, WITH TWO (2) RhNl:WAL OPTIONS OF FIVE (5) YEARS; PROVIDER TO PAY AN ANTNTUAL FEE OF 51.00, AND TO USE ITS BEST EFFORTS TO SECURE GRANT FUNDS TO CONTRIBUTETOWARDS THE OPERATING COSTS OF THE SPACE IN TRE: AMOUNT OF $.SO PER SQUARE FOOT, UNDER TE=RMS AND CONDITIONS AS MORE PARTICULARLY" DESCRlliEI) AND SET FORTH IN SAID AGREEMENT, FURTHER, FOR THE DURATION OF TIME AGREEMENT, PROVIDER SHALL. USE ITS BEST EFFOR5TS TO E.NCOURAGF U11LIZATION OF THE SPACE BY OTHER PARTI S. (Here follows body of resolution, omitted here and on file in the Office ofthe City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairnian Wifredo Gori Commissioner Joe Sanchez Commissioner Arthur E. Tee1c, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Tomas Regalado 100 July 26, 2001 1iaffmw 2 AUTHORIZE GRANT, 5900,000, TO KAPUSTIN CORPORATION AND JOINT PARTNERSHIP TO BE DETERMINED IN NOT MORE THAN. 90 DAYS FOIA REDEVELOPMENT OF PROPERTY INTO AN AFFORDABLE. HOUSING CONDOMINIUM PROJECT KNOWN AS FLAGLER FIRST CONDOMINIUM LOCATED AT 101 EAST FLAGLER STREET. Vice Chairman Gari: I have one item that I'd like to bring... Commissioner Teele: I was about to bring your item up, as number ... Vice Chairman Gori: Item 30. The reason is... Commissioner Winton: And I want to get 9, also, real quickly, before we adjourn for... Vice Chairman Gort: First, I want to congratulate a person that I call primo, which means cousin. This is one of the major projects that we're doing downtown, that we believe could be the development of the Central Business District in downtown, and the reason I'd like to bring this here is because Rafael Kapustin, who is a primo, just became a grandfather and lie had twins, and he flew from Philadelphia and lie's going back to feed the kids. I'm sure he's got to give the 6 o'clock milk to the kids, so... Commissioner Winton: May I interrupt you on that picture? Vice Chairman Gori: Yes. Commissioner Winton: Because, when Richard showed me this picture, I thought he was showing me a picture of a younger Sergio Rok, so -- you know, what is going on here? Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Tecle: Would you yield so I could recognize you for item number 30, please? Vice Chairman Gort: Go right ahead, sir. Commissioner Teele: Recognizing Commissioner Gort to move item number 30. Vice Chairman Gort: There's a motion. Is there a second? Commissioner Sanchez..: Second. Vice Chairman Gort: Any— Commissioner ny—Commissioner Winton: What? I'm sorry? 101 July 26, 2001 • Vice Chairman Gurt: Item ?0. Commissioner Teelc: Item 30, Moved by Commissioner Gori; seconded by... Commissioner Winton: By nte, Commissioner 'Tecle: -- Commissioner Winton. Is there discussion:' hoes this item require public hearing at all:' A simple no would be line. Vice Chairman (fort: No. Mr. Alejandro Vilarello (City Attorney): No. But 1 do have one other issue, Commissioner. Just for the record, you used the term primo as a term oh endearment and not all actual relationship? Vice Chairman Gort: That's correct. Commissioner 'Vinton: May I make it comment also, by the way. And this is about the state of affairs in the Central Business District, just so you all understand. As you all know, I've said many times, since I've been here, that from an economic value standpoint to the City of Miami, the retail market in downtown Miami crashed badly and bunted and has far Brom recovered, and that event occurred two, three years ago. I'm -- in addition to that or during that time frame, the office market seemed to be getting a little healthier for the first time in years, and that was principally driven, however, by the teleconuutin icat:otis industry expansion. The telecommunications industry has crashed as bad as any crash I've ever seen, virtually overnight. Some of those tenants have left and where -ve find ourselves today -- and I want you all to understand this -- within the core of the Central Business District, office occupancies are dropping. They arc dropping. (here is no discernahle ne%v business going on in downtown Miami today, at all. What that means then is that our tax base, which is crucially important to the long-term success of our community, is going to be dropping because the value of all the properties in downtown Miami is going to be decreasing, We have, gentlemen, a real crisis going on in the core of downtown Miami. I hoped that it wouldn't come to this, you know, and I've talked about -- and you have supported me in this regard, and that is Ilse great need for us to find real money to do t,.%,o things: To get housing going on in downtown :Miami, because I think- that's hinkthat's the long -teen solution, and to do infrastructure improvements would send the signal to the private sector that if they want to do development, they ought to be coming in downtown. And as I've said many times, the development is going on in spades, in Coral Gables, in Blue Lagoon, in West Dade, in Brickell and X'Vest Brickell, on Miami Reach, in Southwest Broward, in downtown Ft. Lauderdale. There arc a million options for the hundreds of millions of dollars that go into development, and there are no developers choosing the core of downtown Miami. There hasn't been a new building built in downtown Miami in probably 15 or 16 years. At it time when we've had the greatest uninterrupted economic expansion in this country's history, and nothing has been buill, and no%v we arc at the point -- and what was serving downtown was the telecommunications industry that has crashed, and we are now in a crisis. I talk to tenants all the time whu arc moving out of downtown office buildings and they're going somewhere else, and there's no new business coming in. If we don't figure out a game plan and figure it out soon and idcntify real 102 July 26, 2001 SOMME ntoncy, this is one little minor step that -- by the way, and it is riot just a minor step -- this step identifying this particular chunk of money for the development of (musing downtown. this is not just affordable housing. It has an affordable housing component, but it has a big market component. The extreme importance to this act is that one of the reasons why you can't get market hased housing developed downtown is because you don't have government subsidies, government loans, low interest loans, any of those kinds of things. You have to dib the money out of your pocket and you hair to burrow it from a bank. Thal's the urly options you have. Banks won't lend you money to do this, and the reason they won't lend money to do it In downtown is because there are no comparable sales, no comparable rents. Financial institutions that are going to lend yot. money do their own homework. They tlo very extensive homework in tcrnms of' what the market is doing. Well, when they go into the market to look at «•hat the market's doing, it's a blank, hccausc nolhing's ever happened, and when there's a blank, the lending community says, 'Tnl not lending you the ntoncy, because I can't prove that the asking; price that you're going to ask for the condos or the rental rate that you want to charge for (]lose condo, I can't prove that what your performance is showing is accurate. So, I'm not going to -- there's too much risk. I'm not going to lend you money." So what's going on here is that this project still can't be huilt alone, so the developer has come to the community and asked fir a small supplement that can get tllis project huill, and what this project does -- and we shouldn't have to do this in the future -- what this project dins is, it creates the comparables that the lenders can then look at and they will then loan -- if it's successful -- they will then loan money on future ones. So this pn�ject is crucially important to one ol' the two major components to dowiltown. It is the first time we are going to do market housing downtown and that's crucial. The second point that we all have to address soon before we crash and barn badly is getting infrastructure -- more infrastructure improvement dont in downtown and we've got to figure out a way to expedite it, because I'm telling you -- and I'm not exaggerating. We are on the verge of a real major crisis in downtown. and if you think that won't -- I know you all know this. It will dramatically impact Our tax base and that tax base is what dries our ability to try to minimize taxes in neighborhoods, and we're going to lose that opportunity. Vice Chairman Gort: Mi. Chairman, once again, Commissioner Winton did a good presentation. My argument -- but one thing I'd like to add is, study that was provided by you all, one of the biggest problems we have in downtown Miami, that we have a large portion of the properties in down(own Miami tax exempt. We have to make sure somehow that we call stop that. We need to look into that. And i don't know if that's possible or not, but we need to look into that. Commissioner Winton: But that has absolutely nothing to do -- Vice Chairman Gort: No. i understand, but -- Commissioner Winton: That only has to do with our tax base. It has nothing to do with the deteriorating environment that we have in downtown. Commissioner Tecle: On the motion. It's 12:09. nut Iet tile say this. Commissioner Winton, i could not agree with you more. Dealing with the redevelopment area and particularly, the black area, tilt problem that we have ,just defined is real units 14). It's the sank issues. 1\o comparables. Banks won't go there, no -- you know. And that's why -- let me tell you 103 July 26, 2001 something, Mr. Attorney. And I keep telling you all this. The deal when you're buying properly in redevelopment areas is not to try to get the lowest price. It's to try to get the fairest price. Because the lower the price, the lower you're taking the overall taxahle values, which reduces your TIF (Tax Increment Fund). In other words, we've got our economics upside down on some of this stuff; and Commissioner Winton has very clearly and succinctly summarized the problem, which we can all understand in the dovvntown. But the reason why the downtown is so important is that that's the core of the whole tax hast of the City, and ifthat begins to shrink, if that number goes down, we've got a real problem. i mcan. we -- so 90 percent of the parking surcharge is collected in the downtowvn area, we all agree: an, So 1 think we're doing the right thing, Commissioner Gort, as Chairman of the DDA (Downtown Development Authority), I commend you. And is there a technical area, Mr. Attorney? Mr. Vilarello: Just one issue I'd like to address. 1 answered that there was no public hearing required. I don't know the answer to that question. They're a separate trust fund that may have rules, which require it. If the City Commission ee ishes to adopt it and put the obligation on me to bring it hack to you in the event that public hearing was required, we could proceed that way. Commissioner Teele: That would be the manner in which we would proceed. Is there further discussion:' Mr. Clerk, call the roll, please. Vice Chairman Goat: Resolution 767 l'he following resolution was introduced by Vice Chairman Gort, who moved its adoption: RESOLUTION NO. 01-767 A RESOWHON OF' IHL MIAMI CITY COMMISSION ALUHORIZING A GRANT, 1N AN AMOUNT NOT TO EXCFET) S900,000, TO KAPUSTIN CORPORATION ("KAPUSTIN") AND A JOIN'I' PARTNERSHIP, TO BE DETERMINED IN NOT MORE THAN 90 DAYS, FOR THE REDEVELOPMENT OF N AFFORDABLE HOUSING CONDOMINIUM PROJECT KNOWN AS FI,AGI.i?R FIRST CONDOMINIUM, LOC'A'f 1-1) AT 101 FAST F'L.AGLER SfRFhT, MIAMI, FLORIDA; CONDITIONING SAID AUTHORIZATION UPON KAPUSTIN PROVIDING EVIDENCE OF FIRM FINANCING FOR THE FUL.I. PROJECT AND THE RECEIPT OF A FULL AND COMP1.F l l- APPRAISAL: OF HIE PROPOSED PROJECT ACCEPTABLE TO TILE CITY OF MIAMi; ALLOCATING FL�'DS FROM TI IF AFFORDABLE HOUSING TRUST FEND ACCOUNT CODE NO. 36701; AUTHORIZING THE CITY MANAGER TO EXi:CUTE ALL. NECESSARY DOC'U.MFN 1'S, 1N A 1 -ORM AC( :'EPTAIiI.E TO THE CITY ATTORNEY, FOR SAiD PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City (7Icrk.) 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(A) APPROVE SET-ASIDE OF $31,721 FROM 27 t" YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR PUBLIC SERVICE CATEGORY TO DE HOSTOS SENIOR CENTER, INC. FOR SERVICES TO CLAUDE PEPPER CENTER (See #80). (B) ADMINISTRATION TO CONSIDER APPLYING FOR SECTION 108 LOAN FOR HISTORIC PRESERVATION; ADMINISTRATION TO GENERATE HISTORIC PRESERVATION PROGRAM WHICH WOULD DESIGNATE FIFTY PERCENT OF SECTION 108 LOAN TO BE EARMARKED FOR DOWNTOWN BUSINESS DISTRICT. Commissioner Tccle: Two things on this, Commissioner Winton. and I yield back w the chair. Mr. Chairman, two things. We keep talking about this downto%vn problem. I would like to propose two things that we look at in the context of the budget hearing. Number o uu, we should look at a 108 loan for the downtown arca that is based on historic preservation. We should look - and I would like, as a part of the CD (Community Development) process later today, to ask the City Manager to look at generating an historic preservation 108 program with at least 50 percent of the funds to be made available to downtown. Thal's one thing we can do. One of the things that bothers me about this structure, the way it is presented -- it is so beatitiful, hilt it really -- I don't know if it's historically designated. The record doesn't say that. Businesspeople frequently don't like to designate buildings historically, because it, quote, limits their options. And it does. But l would only say, ii' you have that concern, look at New Orleans, look at San Francisco, look at Savannah, and maybe even look at South Beach. You know, historic preservalion docs not limit it if you're a long-term player. If you're interested in making a fast dollar, it probably docs. And the second thing, Commissioner Winton and Commissioner Gort -- and I hope you will join me. We spend a lot of time talking; about the parking surcharge and a lot of time thinking ahoul and tanking about the Marlins. Any parkin; surcharge that we'd go for in legislature, a5 far as I'm concerned, must have a set-aside provision for capital infrastructure in the downtown, Brickell, Ontni, Park West areas. I mean, it's just something* --We need to agree on it. We don't need to convince the Manager, nor the Mayor, nor the Dade delegation. We need to say: This is the legislative packet that we're sending forward, and these arc the areas and the non-negotiable, walk -away -from -the -deal arca. And as far as ['in concerned, a capital set- aside or earmarking somehow -- And I know everybody is going to say: Oh, you can do that locally. You can do that locally. You can do it locally. Don't give away your flexibility. We need to earmark. ]'art of the reason why you have so much opposition from the downtown business leaders and the parking people directly is, there is nothing in it for them. So those are the two things that I would urge its to look at as a part of the budget process. Mr. Chairman, Commissioner Winton wanted to raise one item in 9. We can't take up all of 9 because -- Commissioner Winton: Right. And so I'm looking for guidance. We have -- If you all remember, at the last Commission meeting, during -- we had -- I don't know -- filly thousand dollars (Si0,000) left over in one of the programs. And this issue over Claude Pepper, the Claude Pepper housing facility, where (lie meals program w,as cut out, and I suggested that -- Commissioner Tecle, I think you made the motion to set aside thirty-one the remaining thirty- one thousand dollars (531,000) that we have left over for Claude Pepper. I said -- Commissioner Tecle: That would have been public services. 106 July 26, 2001 Gwendolyn Warren (Director. Community Development): We have a small thing we need to tell you. Commissioner Tccle: You didn't advertise it? Vice Chairman Gort: We did. Ms. Warren: Absolutely, we did. That's not the problem. We have had an appeal. And there arc three agencies that, at your last meeting, you discussed as possible recipients of your thirty- one thousand dollar ($31,040) balance. Commissioner Winton: We did what'? What did you say? Ms. Warren: There was thirty-one thousand dollars ($31,000) available in public service. Commissioncr Winton: Right. Ms. Warren: Based on the Commission -- I'm trying to find my -- Rased on discussions from the Commission, you indicated that De I loslos Senior Center, and particularly Claude Pepper's meals program was of concern. Commissioner Winton: Right. Ms. Warren: Commissioner Regalado hrought up -- Commissioner Winton: That's not true. We passed -- we -- Commissioner Regalado brought that up with the ►nisunderslandinb that he thought that we had taken the De Hostos thing completely away. We clarified the point. Commissioner Tecle was here, I'm sure. We clarified the point, and Commissioner Regalado accepted that clarification -- Vice Chairman Gort: Right. Commissioner Winton: -- that we weren't taking it away. We were deferring it so that I could have a meeting with Little Havana Nutrition and Activity Center and De liostos to figure out what was really going on there, which he agreed to. Ms. Warren: OK. But I wasn't saying that you agreed to give them the nroncy. I was saying the discussions regarding the thirty-onc thousand dollars ($31,000) centered around those two agencies, and no decision was made. During -- Subsequent to the last meeting, there was an agency that filed an appeal. Their name is Food for Life Network. They qualify under public service. They were inadvertently, of the 80 agencies, they were mistakenly scored as a HOPWA (Housing Opportunities for Persons Living with AIDS) agency. They should have been reviewed as a public service agency. 'Choir request is for three hundred and seventy-two thousand, three hundred and thirty-four thousand dollars (5372,334). They did receive a high score above the 70 threshold. And the only point that I would make is that in the appeal, they did 107 July 26, 2001 Offmo re win it, because they were scored incorrectly. And they would be an agency for consideration. And that's the point of information I wanted to provide you. Commissioner Teele: But the way the memo reads, "appeal is granted," and that means they are Ms. Warren: Only for your consideration at this time. Commissioner Tecle: Up to twenty-five thousand dollars ($25,000). Ms. Warren: The policy that staff use when making recommendations is that new agencies would be considered at the twenty-five thousand dollar (525,000) threshold. Commissioner Winton: This is a new agency? Ms. Warren: That docs not require you to adopt that policy. Vice Chairman Gort: Right. Commissioner Winton: OK. And this is a new agency, never been funded. Vice Chairman Gort: But a new agency at the -- Ms. Warren: This would be a new agency, and they're now eligible for consideration. Commissioner Winton: Thank you. Ms. Warren: That's the only point that was being made. Vice Chainnan Gort: At the same time, this is an agency that's providing service to "X" amount of senior citizens. And if we were to deny this service today, those senior citizens would not continue to receive those services. Ms. Warren: Absolutely. Vice Chairman Gort: So. Commissioner Winton: That's it. Claude Pepper. Mr. Chairman. Vice Chairman Gort: Yes, sir. Commissioner Winton: Armed with that new information, 1 want to give the Commission report in terms of the action that I took following our Commission meeting. I did set up a meeting, a joint meeting, between the Little Havana Nutrition and Activity Centor and De Hostos to talk about how the two of them are providing meals for the Claude Pepper Building residents. And what I determined is that they're not in competition with each other. In fact, they are 108 July 26, 2001 complementing each other. And we left there with a complete agreement, and the agreement was that all the parties felt that this thirty-one thousand -- hack up a step. The real cost to provide the segment of meals that De Hostos is recommending is fifty-six thousand dollars ($56,000)? Ivette Velez: fifty-seven. Commissioner Winton: Fifty-seven thousand dollars (x57,000). We only have thirty-one. Commissioner Sanchez: Thirty-one, seven twenty-one. Commissioner Winton: Thirty-one, seven twenty-one. So my motion is that we move to set aside this thirty-one thousand, seven hundred and twenty-one dollars (531,721) to De I•lostos Center for the Claude Pepper Housing Project for Meals, with the proviso that before that money is released, they have to have raised the additional roughly twenty-six thousand dollars ($26,000) to make tip the difference, so that the full meals program can be done. And they have agreed to that proviso. Ms. Velez: That's con•ect. Commissioner Sanchez: Second. Vice Chairman Gort: 'There's a motion and a second. Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. Ms. Veld: Thank you. Vice Chairman Gorr. Thank you. The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01-768 A MOTION TO APPROVE THE SET ASIDE OF $31,721 FROM 27"" YIIAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FENDS FOR PUBI.IC SERVICE CATEGORY TO DE HOSTOS SENIOR CENTER, INC. FOR SERVICES TO CLAI DE PEPPER CENTER, WITH THE PROVISO THAT ONCE. DISBURSEMENT IS READY TO BE MADE TO SAiD AGENCY THAT SAID AGENCY SHALL PROVIDE THE BALANCE OF FUNDS NEFDFD FOR FUNDING Tlih CLAUDF PEPPER CENTER HOT MEALS PROJECT (THE DIFFERENCE. BETWEEN $57,000, WHICH IS THF, COST TO PROVIDE-' MEALS, MINUS $31,721 OR 525,279). 109 July 26, 2001 91iv[O • Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur F. Tecle, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None Commissioner Teele: Mr. Chairman. Vice Chainnan Gori: Yes. Commissioner 'reele: The only thing -- Vice Chairman Gort: 1 have to leave. Commissioner Teele: -- we need to defer the CD, but we need to defer it, really, till like 7 o'clock, because there's no way we're going to be able to get to it. We've got a 5 o'clock, a G o'clock, and I'm asking -- I have to do an MPO (Metropolitan Planning Organization) at 2, and I'm asking at least to be here. So if we could defer the balance of the CD to 7 p.m., that way, it gives people a little bit of time to know. And I'm going to he looking,.just so that you're aware, to make Habitat for Humanity whole on their request. I've met with staff. I've met with the Manager. I think everybody knows that what Habitat is doing in this town is revolutionary. They're doing it all in Overtown and Little Haiti, pretty much. And they were shorted sonic forty-two thousand dollars (542,000). And we've got to make that whole. I mean, they're putting people in houses. Vice Chainnan Gort: Be hack at 3 o'clock. THEREUPON, THE CITY COMMISSION WENT INTO RR-CH.SS AT 12:20 P.M. AND RECONVF.NFI) AT 3:20 P.M., WITH ALL MEMBERS, EXCEPTING COMMISSIONER TEELE FOUND TO BE PRESENT. 110 July 26, 2001 IIII11liIffc n LJ 11 l 26. DIRECT MANAGER TO LOOK INTO ISSUE OF SPOUSAL SUPPORT AS POTENTIAL PENSION BENEFIT TO WIDOWS OF RETIRED CITY POLICE OFFICERS AND FIRE FIGHTERS_.._._.___. - Vice Chainnan Gort: My understanding is - 1 have a request from the Chief of Police. My understanding, we have sonic retirees froni the City of' Miami Police and Fire Departments. My apologies. I was not told before. if not, i would have brought you all up a long time ago. Chief. Which item is this'? Oh, is this a personal presentation or -- ? Donald March: Item lumber 13, under public hearings. ti1y name is Donald March. I'm a retired police officer I served with the City of Miami. Thank you for the opportunity Io briefly address the elected representatives of the citizens of the greal idly of Miami. it was our privilege to serve as police officers and lire fighters in years past. Prior to addressing the rnatter, which brings us before you today, on behalf of my constituents and our families, we would again extend our gratitude to those citizens for the opportunity to serve them in uniform. We cherish those memories. We come before you to advise you that we are forming an organiiafion of retired fire fighters and police officers to explore the expansion of retirement benefits, which we believe arc affordable in light of favorahic investment experience. Much of this favorable investment experience we feel is attributable to our direct contributions and to our collective and individual efforts. Once employees became involved ;n the decision-making as to the administration and investment of fund assets. We're before you because we are currently not represented in ongoing negotiations on pension matters. The hire and Police Pension System has graciously afforded its assistance in our fact -gathering efforts to dale, and we appreciate their cooperation and sensitivity to our needs. We invite Commission participation, and would appreciate, and do anticiputc cooperation from City administration, should we need documentation we believe can he round in the City's records. I'm joined in this appearance by other retired Police and hire personnel: Otis Davis, Leroy Snnith, Ker, Little, licrh Aldnian, Phil Dougherty, Bill Farrington, Don Lowe, Tom Mullin, Amos Brooks, Gary Ward, Ruben Thompson, Archie McKay, Thomas Marshall, Richard Pearson and Edge Riniko, Edge Rimko leads us all in service. He served in the Fire Department for 35 years, and Amos Brooks is onr senior member here, 86 years young. Combined, you have before you -- and been here all day -- over 370 years of conihincd service to the City of Miami. Sonic of the issues that we wuuld like to address and we're concerned about, we understand it will take time to research and come to sonic determination as to what, it' anything, can be done. But there are sonic issues that time is not on the side of those who would appeal for attention. I'd like to introduce Don Lowe, it retired police officer and resident of Coconut Grove area, to address you concerning one category of benefits of concern to us, and that is on behalf of the spouses of persons who retired on disability prior to 1975. We believe there's Lill opportunity for some direct action and work on this aspect. Mr. Lowe. Vice Chainnan Gott: OK, sir. Donald Lowe: Thank vou, Don. ['nn Donald R. Lowe, 4010 Woodridge ]toad, City of Miand. I'm a retired Miami police officer. 1 want to bring to your attention 49 wives. These are wives of police and fire fighters. 'These ladies are of an older generation, of course; for the most part, stayed at home to raise their children and run their homes, while silently Anguishing while -- over the sale return of their husbands after a tour of duty. The husbands work many hours overlinnc, and extra 1 1 1 Judy 26, 2001 shifts, to be able to provide the wives to stay home with the kids. That's hard to do today, but it was hard to do then. These fire fighters and police officers were injured in the scope of their duties, and were retired on disability prior to 1975. They were not given the oppoilunity to provide survivor's bencrits for their wives, even though this benefit has been instituted for the disabled retirees after that time. Somehow, these women were overlooked. Aficr their husbands' retirement, these ladies now face another situation of anguish, that being the possibility of being widowed and losing all of the pension income. There have been comments from this group of wives that they hope they dic before their husbands. And when you hear it that way, it's difficult. it's difficult for the husband to listen to it, and know there's nothing he can do. This is a distressing statement for the wives to make and the husbands to hear. The truth is, many of these ladies do not know how they will survive in the event of their husbands' death. Jit light of the present clay benefits, it seems inconceivable that this situation could occur or he allowed to continua What it takes is very little to fisc this situation. We request to have these ladies, whose average age is 70.3 vears, be grand-fatlicred into Ordinance 8361. That ordinance i have verbatim, but I won't go into that. But it provides for the widow's benefit for disabled retirees. To calculate the cost, the actuarial study was made. Stanley Hocum Associates calculates the cost funding to the City of seventy-three thousand, two hundred and ninety-seven dollars ($73,297), beginning with the 2001/2002 fiscal year. Commissioner Winton: is that per year? Or is that -- Mr. Lowe: i assume it is. I have the report here. 1'd be glad to share it. Commissioner Winton: It's a pretty important question, though. I mean, you know, is that a one- time payment, or is that an annual payment and -- Mr. Lowe: Oh, 1'tu sure it's -- ft's annual, I'm sure. Commissioner Sander: leo. It's per year. It's annual. Mr. March: 'talking about the seventy-three thousand dollar ($73,000) figure? Mr. Lowe: Yeah. Commissioner Winton: It's annual? OK. And in terms of the actuarial, do you also -- and I'm sorry, but one last question in that regard. In terms of the actuarial, do you -- What is the estimated number of years, through an actuarial analysis, that that seventy-three thousand dollar (573,000) a year payout would be occurring? Mr. Lowe: I don't think that's -- Commissioner Winton: Because what we really want to get to, also, is the overall estimated cost, because that's also important. Mr, Lowe: Sure. The only thing is -- the only thing I can say is that's an annual figure. Rut this group of people is going down, and it's not going to get bigger. 112 July 26, 2001 0 • Vicc Chairman Gort: 'That's the question. Mr. Lowe: I understand. Commissioner Winton: Well, maybe you all can go back and get that answer, and bring it back to us when you gel it chance, OK? Mr. Lowe: Well, we can supply you with these copies right now. Commissioner Winton: if I don't understand it, it doesn't do me any good. Mr. March: Yes, sir. Onc second, Don. Mr. Lowe: Go ahead. Mr. March: What -- for purposes of board action today, what we're seeking is -- And I don't know that we really need to do that, because City administration in this day and age are most professionally receptive to overtures and to requests for information. We need a position, I guess, from City administration with regards to an ability, on the part of a group of retirees, to have input and to participate in the process about how pension benefits are awarded or determined from year- to-year through the negotiations process. 'That's an action item that's going to need -- that we're going to need to address. Now, we know what the union position has been historically, and somewhere down the line, we're going to have to address that, I'm sure. But with regards to this one benefit, in regards to this one hencfit, it's seventy thousand a year, based on this actuarial study. We can give you the total number of ycurs from that same actuary and provide that to City administration, if you would encourage -- I mean, not "if" -- but we would ask that you encourage City administration, once that is provided, to come back to you with a position that they recommend to you to take with regards to that particular benefit. As far as the other issues, we're going to be sorting those out as we go. We.just wanted to serve notice to the Commission that this is underway, and that we want to participate in some form. We havc some expertise here. We have considerable service to the community, and we have an interest, and we have many people that have been retired many years in the past that we recognize have a severe need. Commissioner Winton: This spousal benefit that you all are talking about is only for wives of disabled Fire and Police; is that correct'? Mr. March: And only the ones prior to 1975. Commissioner Winton: OK. So maybe I will introduce a motion, and the motion would he to direct the administration to -- only to look into this particular situation, determine what the annual and total estimated costs would be, and bring that infonnation back to this Commission, so that we can debate the merits and determine whether or not it's something that this Commission would direct the management to do. Commissioner Sanchez: Second. _tittz010" 113 July 26, 2001 lJ Vice Chairman Gott: It's been moved and seconded. Any further discussion? Commissioner Winton: City Attorney? Alejandro Vilarello (City Attorney): If you would direct the Manager just to consult with the City Attorney's Office, because this docs -- there are legal implications as to the ability of the City Commission to grant such a benefit. I'd be ntore than happy to look into it, but there are issues related. Commissioner Winton: Lct me ask a procedural question here, because -- Vice Chuimiun Gort: ht's the pension money. Commissioner Winton: But Alex made -- lie said something that I've always assumed was just assumed, and that is that we bot a global team here with a lot of expertise. And when we make those kind of motions, it doesn't seem to me like we ought to be in a position where we're trying to identify all the skill sets that ought to be at the table. You know, when we direct this kind of directive, you know, the Nlanagcr's job is to go find all the skill sets necessary, and people need to stick their nose into it, and you just figure out how to bring us back what we need. Mr. Vilarello: Commissioner -- Commissioner Winton: i mean, am I wrong there? Mr. Vilarello: No, except 1 didn't want the City Commission to walk away thinking that this was just a decision of dollars and cents. Commissioner Winton: Right. I understand. Fine. Vice Chairman Gort: Well, pail of what is being told is -- one of the things we asked is to take you to lunch, the different directors of different departments, so we can establish that relationship, and you guys can talk to each other, so we can got things -- when you conic to us, everybody has talked, and we have one voice. All right? Any further discussion'? Commissioner Winton: Have fun at lunch. Commissioner Sanclle7: Mr. Chairman, that's to include -- Vice Chairman Gort: I just got you three different lunches. Commissioner Sanchez: That's to include all the benefits that they're asking for, because it's my understand -- Commissioner Winton: No, they're only asking for one. 1 only heard one benefit asked for here, and that's -- 114 July 26, 2001 ff 0 Mr. March: One benefit. Commissioner Sanchez: Oh, there's only one? Mr. March: One benefit. Commissioner Winton: Yes, one benefit Commissioner Sanche/.: One benefit. Oh. I'm sorry. Mr. March: And 1 would like to make one other comment. Commissioner Winton: We need to vote first, don't we? Mr. March: All right. Commissioner Sanchez: Yeah. It's open for discussion. Vice Chairman Gort: Discussion. Commissioner Sanchez: None. Call the question. Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. i� The following motion was introduced by Commissioner Winton, who moved for its adoption: MO'T'ION NO. 01-769 A MOTION AUT110RIZ1NG AND DIRECTING THE CITY MANAGER TO LOOK INTO THI: ISSUE OF SPOUSAL. SUPPORT AS A POTENTIAI. PENSION BENEFIT TO WIDOWS OF RETIRED CITY OF MIAMI POLICE OFFICERS AND FIRE FIGHTERS; FURTHER DIRECTING THAT A DETERMINATION BE MADE REGARDING THE ANNUAL COST FOR SAID PROPOSED BENEFITS AND BRING SAID ISSUE, BACK BEFORE THE CITY COMMISSION TO DETERMINE 7'HE MERITS OF SAME AND CONSIDER ITS IMPLEMENTATION. IR July 26, 2001 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the Mlowing vote: AYHS: Commissioner Tomas Regalado Commissioner Joe Sanchez ^ k P Commissioner Johnny L. Winton x nq Vice Chairman Wilrodo Gort 4 1►1AY1i: None :,. / r ABSENT: Commissioner Arthur E. Teele, Jr. V!OO Chairman Gort: Yes, sir. Mr. March: This study was based on $1 people. Two of those pool q diedAttrin `dria procession of gathering the information. Since they are factored in. there, I think their widows should be protected. Vice Chairman Gort: Yes, sir. Commissioner Winton: So make that a pail of the -- you know, this study part, OK? Mr. March: Thank you, sir. r� u v W Lowe: Thank you very much. F Vice Chairman Chairman Gort: Thank you. OK, s'�"9.F'b. R-0, rs t a Wb k Y°i�` t kit 'etar'aa�4s, }si # +.mai ,g� y 4 a V���',.k a R 1� g_ v4 }. �§e 1 �i i�Nt.i 9F4� � w� . ?t #� ti ii M 411 '? �A 3' £IT q �n"r �,�.a�>> * t,! a z y7 r. Jt sN �, qr4� zr k� +, P:h '.y s t- r ➢� ; II r^ .. �. F, 4 9 . z�� . < 4 z� r 3 ;c L t✓.r '' x e t s t• ;, s i2 I A-'�"^ :tt�aatwT` g'r �.#icy . > + '�``�Y°Y`�' w >bk d" w s .t.ti m M a R ` 4 3 t k e 3 gar r > pl^t` rtssF-cd .; ,, K y.• 'tz; } 7iu phi srrh "A &6"si"q rfi $ fz�ta�' "ipiFw,x; ..3^ ,t 3 f h s. d a -t, �� ,..,. .�jg &t n� �{t+ s titm1 s �` ,k ax sv�3 ,� eth'' •;,, �4t 1>tT n � Y 4 Y 116 July 26, 2001 27, FIRST READING ORDINANCE: AMEND SECTION 2-8P2 OF CITY CODE TO CREATE NEW CHAPTER ENTITLED TOMMUNITYREVITALIZATION' AND CREeATE AND ESTABLISH LITTLE HAVANA HOMEOWNERSHIP TRUST. Commissioner Sanchez: Mr. Chairman. Vice Chairman Gort: Yes. Commissioner Sanchez: If, a point of privilege, we could take Item 10 up. It's a first reading. Vice Chairman Gort: That's next. Item 10. Commissioner Sanchez: Is it? Vice Chairman Gort: Yes. Commissioner Sanchez: OK. Thank you, Mr. Chairman. Item 10 pertains to the creation of a new chapter entitled Community Revitalization. What it basically does is creates or cstahlishes a Little Ilavana Homeownership Trust, similar to the Model City Trust. Basically, what we're asking for, on first reading, is that we start the process now so we could basically have two major projects in our community heading in the right direction, and we could just follow their tracks. 1 would also ask that on the second reading, a companion resolution appointing the six members he put on the September 13 agenda so we could select the six members of that trust. This is basically a revitalization project for Little I lavana, which was chosen by this legislative body to be the second of these maior revitalization projects that are going on in our community. So, therefore, as the Commissioner of the district, i so move the first reading. It's an ordinance. Vice Chairman Gort: It's an ordinance. Commissioner Regalado: Second. Commissioner Winton: Second. Commissioner Sanchez: It's also a public hearing. Commissioner Winton: Second. Vice Chairman Gort: Is there anyone who would like to discuss -- Commissioner Regalado: When do we appoint the six members? Commissioner Sanchez: Six members will be appointed in September the 13`h. Commissioner Regalado: OK. 117 July 26, 2001 0 Vice Chairman Gort: Anyone who'd like to make a statement on Item Number 10? Show no one has come forward. Commissioner Sanchez: Close the public hearing. Vice Chairman Gort: Go ahead, sir. Roll call. An Ordinance entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THh, CI'T'Y OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING THE CHAPTER ENTITLED "COMMUNITY REVITALIZATION- TO CREATE AND ESTABLISH THE LITTLE HAVANA HOMEOWNERSHIP TRUST (THE "TRUST—) BY DESIGNATING T14E TRUST'S JURISDICTIONAL AUTHORITY AS AN AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI; SET'T'ING FORTH THE TRUST'S PURPOSE, POWERS AND DUTIES, INCLUDING BUT NOT LIMITED TO: TO SUE AND BE SUED, PLEAD AND IMPLEAD, CONTRACT AND BE CONTRACTED WITH, AND TO OWN AND DISPOSE OF REAL PROPERTY; PROVIDING FOR COMPOSITION AND APPOINTMENTS AND PROCEDURES. NOMINATION AND ELECTION PROCEDURES, 'PERMS OF OFFICE:, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE, REQUIREMENTS, OFFICERS; OATH, QUORUM AND VOTING, MEETINGS, INDEMNIFICATION, ABOLISHMENT, AN EXECUTIVE DIRECTOR AND STAFF, COUNSEL, BUDGET APPROVAL. AND ANNUAL REPORT AND PROVIDING FOR "SUNSE•T" REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2- 892 AND ADDING NEW DIVISION 3 TO T14E: CHAPTER, ENTITLED "COMMUNITY REVITALIZATION," OF THF. CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed on first reading by title only, by the following vote: AYES- Commissioner Tomas Rcgaludo Commissioner.loe Sanchez. Commissioner Jolinny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Artliur E. Tecle, Jr. 118 July 26, 2001 L28. ADDITIONAL COMMENTS REGARDING DEFERRAL OF REQUEST TO MOVE FENCE IN BLANCHE PARK (See #9). Vice Chairman Gort: Item I l is being deferred for a time certain, 5 o'clock, which is the Motorsports event at Bayfront Park downtown. Item 12 has been approved already. Item 13, we just listened to. Item 14. Albert Ruder. Commissioner Winton: Fourteen, we deferred. Vice Chairman Gort: We deferred, that's right. OK. Fourteen -A. Commissioner Winton: By the way, for your information, Mr. Commissioners, ltern 14 that I deferred -- Vice Chaimrian Gort: OK. Commissioner Winton: -- and you remember, I told the little story line about the fact that -- Vice Chairman Gort: Right. Commissioner Winton: -- this group has tried to come befbre the Cummission three times. The opposition to their movement here all got people ready, come to City Hall, came three times, they cancel at the last minute. You gut a phone call in your office this morning, where they cancelled their appointment before this Commission. Vice Chairman Gort: Again? Commissioner Winton: Again. Vice Chairman Gort: OK, Commissioner Winton: Fourth time. Vice Chairman Gori: Thank you. Commissioner Regalado: But I thought that you have said and we have said it's over with that park. Commissioner Winton: It is, exactly. And so that's the reason I have no hesitation -- I think we're being abused by these people. The Commission is being abused, the neighborhood is being abused, and that's the reason I have no compunction at deierring an item for a -- what's this called? -- a public appearance item, which I normally would never do. But they've abused the process, and that's the reason Fin pertcctly willing to defer it four times more if I have to. Vice Chairman Gort: It's your district, so you're going to have to tell them. 119 July 26, 2001 IZIIi1Q1IG 29. 'EMERGENCY ORDINANCE: ACCEPT GRANT FROM STATE OF FLORIDA OFFICE QF TOURISM, TRADE AND TECHNOLOGY FOR BROWNFIELDS ASSESSMENT AM, REMEDIATION IN WYNWOOD BROWNFIET DS PILOT AREA; RATIFY MANAGER'S DECISION TO ACCEPT SAID GRANT AWARD AND APPROPRIATE SAID GRANT FUNDS, $111,000 INTO EXISTING SPECIAL REVENUE FUND ENTITLED "MIAMI RIVER BROWNFIELDS PROJECT." Vice Chairman Gort: Item 15, acceptance of appropriation of Florida Brownrields grants of a hundred and eleven thousand dollars ($111,000). Do 1 have a motion? Commissioner Winton: Which one? Vice Chairnian Gorr: Item 15. Commissioner Rcgalado: Move it. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second. Vice Chairman Gorr. Any further discussion? Being none, all in favor slate it by saying "aye." Commissioner Sanchez: It's an ordinance. Walter Foeman (City Clerk): Emergency ordinance. Vice Chairman Gort: An ordinance. Read it. Commissioner Sancher. It's four-fifths. Commissioner Winton: Fifteen. Vice Chairman Gort: It's an emergency ordinance. Commissioner Winton: Skip what? Unidentified Speaker: "B" and "C." Commissioner Winton: You've got -- 14-B and C got skipped. 'That's the -- Vice Chairman Gort: They were deferred. Commissioner Winton: Not `B" and "C." Vice Chairman Gort: Roll call. 120 July 26, 2001 1DtISA r� u An ordinance entitled - 0 AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11980, ADOPTED OCTOBER 12, 2000, WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITI.FD: "MIAMI RIVER BROWNFIELDS PROJECT FUND," INCREASING APPROPRIATIONS IN THE AMOUNT OF $111,000, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA OFFICE OF TOURISM, TRADE: AND TECIINOLOGY, AUTIIORIZING THE EXPENDITURE Oh FUNDS FOR THE BROWNFIELDS ASSESSMENT AND RFMEDIATION PROJECT IN THE WYNWOOD ARF,A; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR ACCEPTANCE OF THE GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.. was introduced by Commissioner Regalado, 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: AY13S: Commissionct- Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: Pone ABSENT: Commissioner Arthur F. Tecle, Jr. Whereupon, the Commission, on motion of Commissioner Regalado, and seconded by Commissioner Winton, adopted said ordinance by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. 'feele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12095. The ordinance was read by title into the public record by the City Attorney. 121 July 26, 2001 30. MANAGER TO PROVIDE PUBLIC WITH DESIGNATED 14 ONE LINE -TO ADDRESS 1 QUESTIONS RELATED TO BUILDING PERMITS. J C'ommissioncr Sanchez: Mr. Chairman. Vice Chairman Gort: Yes. Commissioner Sanchez: Fourteen -C, was that -- Commissioner Winton: We've got to do "B" and "C." Commissioner Natchez: -13- and "C," OK. Vice Chairman Cort: hourtcen-B, Allapattah Chamber of Conurterce. Angel C;0117ile7: Good afternoon, Mr. Chairman, City Commissioners. Angel Gonzalez, President of Allapattah Chamber of Commerce, 2634 Northwest 21" 'Terrace. C:ommissioncrs, about tluee months ago, nwre or less, I was here before this body to protest ;in imposition of a painting permit. At that time, i pointed out that throughout the 40 years that I've been living in the City of Miami, and owning private properties in the City of Miami, we have painted properties and buildings without having to have it permit to paint the building. And I referred to the South Florida Building Code. And in the letter and the materials that I sent ,you, the South Florida Building Code specifies that no permit is necessary to paint the building. And l also stated that asking the people to pay for a painting pennit was nothing more than another tax, because there was nothing to inspect on it painting, on a painting joh. The representative of Building, and Zoning or the Director oi' Building and 'Zoning said that because -- if the joh cost more than five hundred dollars (S500), we were required to pull a permit. We continue to pull permits on the 0130 (Community Based Organization) for the facade improvement projects that we do in Allapattah. But they come up with an after-the-fhct ordinance or decision in Building and Zoning, requesting that you should have a final inspection on the paint. And they proceed to send letters to many businesses that we have painted throughout the year, and some of them go back to live and six months ago, telling them that if they didn't get a final inspection on the painting joh, they would he tined two hundred and fifty dollars (5250) a day. 14'cll, my phone got off- you know, went crazy. l'verybody was calling me. "What are you doing to us? You never passed inspection." I should tell you that part of the fagade process or the linal fa4ade process includes the inspection of the NET (Neighborhood Enhancement 'Pearn) Administrator, who supposedly is an inspector. Ile goes, checks out the paint job, and signs, in order for us to submit the package to the City to dishurse the money that goes to the merchant. Last week, when you discussed the 1`44adc program in here, and you were talking about the fourteen hundred allowance for each business, and ,you talked about that amount of money being very old, and that had been the amount of money provided to the merchants for the last 12 years, as f tr as 1 can remember. And now, you deduct -- the painting permits run from five hundred to seven hundred to three hundred dollars ($300), OK? So we are giving these merchants four hundred dollars (S400) to paint their building, and we're taking back three hundred, lour hundred or live hundred dollars (S500) just in paint permits. We don't have a problem or the painters don't have a problem on paying the permit, if that's what the City decides to do, because as the old saving 122 July 26, 2001 II�I�7QII� • . says, "You can't fight City [ lal l." Hut it is ridiculous to come up with a decision, an after-the- fact decision, like saying, OK, you complain about the permit. Now we're going to ask you to have the building inspected, and if you don't have final inspection oil the paint job, we're going to fine your merchants two hundred and fifty dollars (S250) a clay. And that's why I'm here today, because unless there is a procedure established by Building and 'Zoning on how to paint the building, l don't think there is anything to be inspected, unless they want to inspect if we rolled the paint up and down or right to lefl. And if that is the case, wc'd request an inspector to he Ihcrc by the time that we apply the paint, and make sure that we do it up, down, or right to left, whichever they want us to do that. Vice Chairman Gort: OK, sir. Hcctor Lima (Director, Building): Ilector Lima with the Building Department. The document that was submitted that was quoted as the South Florida Building Codc, that is not the ,South Florida Building Code. That is part of the Dade County Website, and the Dade County Municipality can do what they deem correct under Dade County. For the last 14 years that I've been with the City, the past three Building Officials for the City of Miami have leen wanting to not have to issue permits. But the fact is, the South Florida Building Code specifically says that general maintenance, where labor and material exceeds five hundred dollars (S500), requires a permit. The document that you mentioned afterwards, that is an automatic expire permit letter, which we fiend out on all permits. What we have done is we've actually ran a report on all the painting permits, and wve'rc taking it upon ourselves to go out and inspect it, to see if it was painted or not, And based on that, we will go ahead and finalize those permits. The two hundred and fifty dollars ($250) is automatic on that letter, because that's what the Code Enforcement Board might place if, in fact, the violation is not corrected. Mr. GOIIZAle7: Mr. Chainnan, the problem is that the people out there doesn't know that this is an automatic: letter. I mean -- Vice Chairman Gort: i understand. And this is something that we need to deal with and something we need to work on, because a lot of individuals not only do not understand, but at the same time, you have the barriers of language, which is very important, I think this is some of the things we need to work on. And this is when your NET people coarse in. I mean, if we have a NET people that work with them and they tact the inspection, they should he told, also, that they need a final inspection, according -- because your computcr tells you that if you don't have this field filled, then it will automatically send a letter out. We need to explain that to the people. We need, when people pull the pennit, let them know. Look, there's no final inspection, but you've got to call it in so we can fill in that field in the computcr. In that way, the computer will not kick off the letter. 1 think that's when we get into it. Commissioner Regalado: Mr. Chairman. Vice Chairman Gort- Yes, sir. Coin inissiotter Regalado: i have -- well, 1 received yesterday a very detailed explanation, more or less, what Mr. Lima has said ill terms of this, because 1 clid request information, and I -- you 123 July 26, 2001 know, I accept what i lector is telling us. But on the second issue -- and this is something along the lines. Commissioner Winton: Which is the second issue? Commissioner Regalado: The second issue is that along with my request for art explanation, I requested some infornatiun on a specific rase, a person that had painted his building and got it letter saying that he was about to get a lien or something. And the response is this: Painting permit zero, zero, whatever. This was inspected by Zoning NET Inspector and has been final. The letter received by the owners of this property is a standard letter that is always sent to all homeowners, and their contractors, notifying; thein of such requirement and possible liens when permits expire. Now, when you get a letter sayillg you are about -- this is a lien notice -- you arc about to get a lien and you're innocent, it reverses completely the philosophy of the United States. I mean, then you have to start proving that you're innocent, because they are telling you that you most likely are guilty. And that is a problem that 1 have. And, believe me, that we get a lot of calls regarding these kind of letters. The people feel threatened. This is notice of a lien. I remember the letter. Notice of a lien. You may -- whatever -- if you not do sonic inspection, or something like that. So 1 think, you know, the Building Department is a professional department, but I think that we should change -- I don't know if the attitude of the wording or whatever, because it's very threatening. Vice Chairman Gort: Let me tell you, I have a suggestion. Besides some changes you have to make, there should be a very large telephone number where people can call and they can receive an answer. Commissioner Regalado: No, they don't Vice Chairman Gort: Because the problem that you have -- well, the only problem you have also is you have a phone number, the people call that number, and they'll tell them, oh, I don't know. You have to do this, you have to do that. This is part of the things that we have to work on. We have to instruct our people how to be responsible to the clients. Commissioner Winton: Consumer friendly. Commissioner Regalado: Don't give phone numbers. Don't give phone numbers, because you're going to gel: "The person at extension is not available." Mr. Lima: Commissioner, if I may. There's a few things that are going to happen which are going to resolve all of this. Number one. There is a new code coming in January I" of 2002. It will allow the Building official to determine what is minor repairs and what is not. I've been informed by Joe, who is our Building Official, that since there will be no threshold on monies that he can live with no painting permits required for residential. So come January I", that's going to he *one. As far as the letter, Commissioner -- Commissioner Winton: Why do we have to wait till January I"? 124 July 26, 2001 • 0 Mr. Lima: That's when the South Florida Building Code ends and the new Floridit Building Code takes place, Commissioner Winton: Oh, OK. Thank you. Mr. Lima: Secondly, you arc absolutely right. And we did change that letter. Maybe you're reading from an old letter. The -- Commissioner Rcgalado: No, no, I'm not. I'm not. 1 had the letter -- Mr. Lima: The expired permit letters that we send out". Commissioncr Rcgalado: Yeah. It's .lune or May. Mr. Lima: We changed the wording on the letters that we're sending out. We're actually telling the owners: You need to assist us in contacting the contractor, so we can resolve this problem. Then we send the Etter to the contractor saying: if you're the contractor, you need to resolve this problem. So we've identified that the letter cannot be just a regular letter for all, and we went ahead and put in different lines, one for the owner and one fur the contractor, so we could define what our needs were with each individual one. We are also in the process of instituting a warning letter that will come out 30 days before the permit is expired, so that we will give them the opportunity to correct the issues before they expire. So that's something else that we're working on, also. Commissioncr Sanchez: So we are correcting the problem or we're taking the steps to correct the prohlem? Mr. Lima: Yes, definitely. What's going to go away in January is the residential painting permits expire letters. Vice Chairman Gort: Good. But what's important is, did we instruct that individual, when suntebody pulls a permit, all the process they have to go through'! Because a lot of people don't realize they have to go through the finals. And if they don't go to the finals, and that computer does not fill that field that has to be tilled, you'll get a letter automatically. So it's very important that we instruct the people when they give out a pennit, that they let than know. And especially in these cases when you have an active community, where you have a lot of the facades, that they have to do it through our people, that they go through that. All right? Yes, sir. Mr. Gonzalez: One final issue is that once we receive this letter of complaint and the merchants start calling me, l called (lie painters, and I told them that they had to resolve this issue and get a final inspection on the buildings, because I didn't wait to have the building owners complaining, or afraid of being licncd or something like that. And they came to Building and Zoning. On the pennit card, there is no paint permit there. You have structure, you have electrical, you have plumbing, you have so on and so on. But there is nothing for paint. So they sena llient to Structural. Structural said: "We have nothing to do with this. Go to Zoning." We send them to "Zoning. Zoning says: "No,,ve don't. We are Zoning. We have nothing to do with paint." And 125 .duly 26, 2001 Il�fi[�k the guy had to walk out, you know, with a clean card. And lie told rile, he says: What do you want me to dal They don't want to accept the card. They don't want to do the inspection. It's nothing I can do. Vice Chairman Gort: Angel, what lie's -- My understanding is, what they're saying is they've taken care of that. 'They're going to send the inspectors. My understanding is -- wait a minute. Thut's what l heard. Correct me it' I'm wrong. You had stated that all those letters that went out to these individuals, you are sending inspectors to go to them, and that inspector is going; to till out the application, saying they had final approval. aur 1 correct? Mr, Lima: That is correct. We did a report on all outstanding; painting pen -nits, And we're going out, the lust two or three days, seeing if the property is painted or not, so we can clear those records. That is correct. Commissioner Winton: But -- Mr. Gonzalez: You know, something that may help is that, you know, the NET Administrator has to inspect the building atter it's painted. And that might help you -- you know, Lit the same time that he signs the authorization for payment, ltd can sign for your permit. That's one way to solve the problem, maybe. if you want to -- Mr. Lima: You're absolutely right. You're absolutely right. Commissioner Winton: Mr. Chairman. Vice Chainnan Gort: Yes, sir. Commissioner Winton: I heard a solution to those open permits, or expired pennits, or whichever one they are. What happens in the -- These are commercial properties, not residential. So that's a different kettle of tea here. Mr, Lima: W'e're doing both. We're cleaning; all painting permits at this time, so we can start anew, and we'll get it corrected. Commissioner Winton: With commercial properties, beginning in January, on January 1, what's the scoop there, then? I mean, if there -- Because what Angel said is that there isn't any way to sign off on the paint deal, anyhow. I mean, nobody wants to sign off on it. So I'm assuming that you're still going to -- I mean, how is that going to work for commercial properties? Mr. Lima: I don't know who they spoke to. I mean, we havc some people in the office that need to he trained how to maybe give better information. But they should have gotten the right information. It's on the card. It's a Building final that needs to be done or a NEI' final. It's there. So 1 apologize for my people. And we will have to fix that. Commissioner Winton: So you've got a procedure in place. 126 July 26, 2001 Mr. Lista. That is correct. Commissioner Winton: OK. Vice Chairman Gort: Lima, the problem that you have -- and I keep betting back on everyone -- is we do not give the right answers. And we keep passing the buck from one -- that's not my job. We have to change that attitude. That's one of the biggest problems. And that's why you have so many illegal, because people don't want to go through the hassles of going to pull a permit. They'd rather take it chance and do it illegally than try to go through their problems. Commissioner Sanchez: Mr. Chairman. Commissioner Winton: You got any training dollars in your budget? Mr. Lima: No, but we're meeting monthly with NET, and we're going to get it, We're going to get it fixed. Vice Chairman Gort: It's volunteers. Yes, Commissioner Sanchez. Commissioner Sanchez.: Mr. Chairman, 1 think the word that we're looking for here is "consumer friendly." And one of the filings that we need to focus on, and one of the concerns that I have is with the SBOC (Small Business Opportunity Center) -- and correct me if I'm wrong -- they have the fear of God in them now that, you know, all the permits -- the work they're doing, that they're doing out there now, people getting these letters and stuff, they're basically very concerned with it. So we have to basically create some type of rumor control or some type of, you know, damage control, And you're heading in the right direction. At least you're making progress and at least notifying; people and file steps that we're doing. But. you know, I was here -- we were here in the Commission meeting when we said very clearly that, you know, I thought the problem was taken cart of. But it seems like sometimes, instead of simplifying the matter, we complicate it even more. So that's a concern that we continue to have. And we need to take care of that as quickly as possible, because we've made a significant improvement in people painting their properties, the fagade programs, and people starting to fix up their properties. Here you are throwing what I consider an obstacle in the way. And people that see that two hundred and fifty dollar ($250) fine, you know, you put the fear of God in them. Because the first thing the think is, oh, my, two hundred and fifty dollars (5250), a fine to my house, l have to go out of my way and show my case or build my case that I'm innocent. Bol at least you have a plan that you're going to go out there and visit all these people and correct the matter. Vice Chairman Gort: Angel, you can go back to those people that called you and let them know that it's being taken care of. Mr. Gonzalez: Thank you. Vice Chairman Gort: 1f they have any questions, make sure you give Lima's phone number. 127 July 26, 2001 11MAIIIIII 0 • 31. GRANT REQUEST TO REPRESENTATIVE FROM TIGERTAIL PRODUCTIONS IN SUPPORT OF ITS TWO-YEAR INITIATIVE PROJECT IN JOSE MARTI PARK AT NO COST TO CITY. Vice Chairman Gott: item 14-C, Tigcrtail Productions. I think 1 was asked to defer this until S o'clock, something like that. Albert Ruder (Director, Parks and Recreation): You were? I'm not sure. I don't sec him here, but I could explain the item if you want. Vice Chairman Gort: OK. Mr. Ruder. It's just very simple. They have received a grant from the Knight -- Tigcrtail Productions has been around for more than 20 years as a non-profit group. They have received a grant from the Empowerment Trust and the Knight Foundation to begin a two-year initiative in Jose Marti Park to provide cultural programs. And we're partnering with them, and they just wanted you guys to know about it. And their first event is going to he some time in October, where they're going to present a circus -inspired theatrical event in the swimming pool, which yvu really have to see. It's hard to explain. Vice Chairman Gort: Do you need a motion on this? Commissioner Sanchcz: Yes. It's a motion to accept. And, Mr. Chairman, if I may. Vice Chairman Gorr: I have a motion. Is there a second? Commissioner Regalado: Second. Commissioner Sanchez: OK. Vice Chairman Gort: Is Commissioner Sanchez going to be singing in the event? Commissioner Sanchez: It's a wonderful event, and it doesn't cost the City a penny. Commissioner Winton: And you're going to be singing in the water, is that what I hear? Commissioner Sanchez: You and I are going to be doing synchronized swimming. Commissioner Winton: All right. Are you going to have a Speedo on? Vice Chairman Gort: Any further discussion? Commissioner Sanchez: So start practicing, Johnny. Commissioner Winton: I'm not going to have a Specdo. You might have a Specdo. 129 July 26, 2001 =r�rr>►�� • Vice Chairman Gort: Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 01-770 A MOTION GRANTING REQUEST TO REPRESENTATIVE FROM TIGERTAIL PRODUCTIONS IN SUPPORT OF ITS TWO-YEAR INITIATIVE PROJECT N JOSE MARTI PARK WHICH WILL COMMENCE IN OCTOBER WITH THE BRAZILIAN COMPANY PIA FRAUS' PERFORMANCE OF "NAVIGATORS" AT THE JOSE MARTI SWIMMING POOI. AT NO COST TO THE CITY OF MIAMI. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez, Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Gort: Arturo Sandovar is a guy I went to school with. Commissioner Winton: Oh, my. He was the President of our student body in senior year. Vico Chairman Gort: Right. 130 July 26, 2001 0 0 324''I BLED: PROPOSED AMENDIN64 ANNtAL APPROMATIONS O 1N CET'O %&MH PAPj TAL , jMRRQVEME T PAOJEC` V ENTfTLED �"FLAGLFR"1. > TPLACE" (Soo #l� 43 and 78)." Vice Chairman Gort: Item 16. This is the -- amending the budget. I'll wait until Commissioner Toole gets back. By the way, I want to explain, one of the reasons Commissioner Toole is not here, he's also a member of the MPO (Metropolitan Planning Organization), which has to do a lot with determining the expenditure in the traffic, and traffic expansion is very important, and he plays that role in there. That's the only reason why he's not here at this time. But he'll be coming back. 131 July 26, 2001 33. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 11970, ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENTS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 2001;1=;REVISING ONGOING ; CAPITAL:, IMPROVFM11 PROJICTS SCHEDULED TO'BEGrN IN FISCAL YEAR 200012001. Vice Chairman Gort: Item 17. This is all appropriations? Commissioner Sanchez: What item are we on.) Vice Chairman Gort: flow many items do we have in appropriations, because I'd like to delay them for later? OK. Commissioner Winton: This is acceptance of -- Vice Chairman Gort: Item 18. Commissioner Winton: Seventeen is acceptance of a brant, right? Vice Chairman Gort: No. Commissioner Sanchez: So move, Mr. Chairman. Vice Chairman Gori: No, no. Wait a minute, wait a minute. No, no, no. Commissioner Winton: Seventeen -- Commissioner Sanchez.: item 17-A is accepting a grant. I so move, Mr. Chairman, Commissioner Winton: Yeah, two grants. Second. Commissioner Sanchez: We never tum money away here at this City Commission. Commissioner Winton: Yeah. Vice Chairman Gort: There's a motion and a second. Any further discussion? Commissioner Winton: Ordinance, Vice Chairman Gort: Roll call. 132 July 26, 2001 r] An ordinance entitled — • AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11970, AS AMENDED, THE ANNUAL APPROPRIATIONS AND CAPITAL, IMPROVEMENTS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 2001; REVISING ONGOING CAPITAL IMPROVEMENT PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2000-2001; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Sanchez, and seconded by Commissioner Winton, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Tecle, Jr. Whereupon, the Commission, on motion of Commissioner Sanchez, and seconded by Commissioner Winton, adopted said ordinance by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifi•edo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12096. The ordinance was read by title into the public record by the City Attorney. 133 July 26, 2001 34. ,,EN[EROENCY ORDINANCE: AMEND ORDINANCE NO. 12054 WHICH ESTABLISHES SPECIAL REVENUE FUND ENTITLM. "FEMA/USAR GRANS AWARD (FY,'.2Q1) 'FUNDS TO FURTHER AUTHORIZE EXPENDITURE OF FUNDS FOR. PURCHASE OF EQUIRNMNT-.' TRAINING, MANAGEUMNT, AND ADW,MTRATIQN OF, SOUTH.FLORIDA.URBAN SEARCHAND RESCUE (USAR) PROGRAM, . Commimioncr Winton: Scvcntccn-A. Vice Chairman Gort: That was 17-A, yes. Commissioner Winton: No. We just did 17. Now you've got to do 17-A. Vice Chairman Gori: Seventeen -A is an additional -- Commissioner Winton: It's another grant. Vice Chairman Gort: It's another grant. Commissioner Winton: So move. Commissioner Sanchez: Second. Vice Chairman Gort: Any further discussion? Commissioner Winton: it's an ordinance. Vice Chairman Gort: Being none -- Commissioner Sanchez: It's an ordinance. Vice Chairman Gort: I understand. Any further discussion? Anybody from the public? Road it. Roll call. 134 July 26, 2001 • An ordinance entitled — L AN EMERGENCY ORDINANCE: OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12054 WHICH ESTABLISHES A SPHCIAL REVENUE FUND ENTITLED. "FEMA/USAR GRANT AWARD (FY 2001) FliND," APPROPRIATED FUNDS FOR TIIE OPERATION OF SAME, AND AUTHORIZED THF ACCEPTANCE: OF A GRANT, TO FURTHER AUTHORIZE THE EXPENDITURh OF FUNDS FOR THE PURCHASE OF EQUIPMF;NT, TRAINING, MANAGEMENT, AND ADMINISTRATION OF THE SOUTH FLORIDA URBAN SEARCH AND RESCUE (USAR) PROGRAM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Winton, and seconded by Commissioner Sanchez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: Notre ABSENT: Commissioner Arthur E. Tecle, Jr. Whereupon, the Commission, on motion of Commissioner Winton, and seconded by Commissioner Sanchez, adopted said ordinance by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: hone ABSENT: Commissioner Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12097. The ordinance was read by title into the public record by the City Attorney. 135 July 26, 2001 5. FIRST.READING ORDINANCE: APPROVE AMENDMENT TO CREATION OF "BAY HEIGHTS -ROVING SECURITY GUARD SPECIAL TAXING DISTRICT" BY MIAMI' DADE: C6VNTY TO INCIMASE OFf-DUTY POLICE RO 11NO;1PATR9L SERVICES FROM "BIGHT HOURS TO SIXTEEN HOURS PER DAY FOR BAY HEIGHTS NEYISHBORHOOD. Vice Chairman Gort: Item 18 is a proposed ordinance, Bay I Ieights Special Taxing District. Commissioner Winton: That's my neighborhood. I live in it. We're agreeing to tax ourselves more for additional security. So move. Commissioner Sanchez: You asked for it, you've got it. 'Toyota. Commissioner Winton: Yeah. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and seconded. Any further discussion? Read it. Commissioner Regalado: And besides, that gives you more security to watch the fireworks across -- Commissioner Sanchez: Yeah. It gives you more police coverage. Vice Chairman Gort: Roll call. 136 July 26, 2001 v • An Ordinance entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE AMENDMENT OF THE CREATION OF THE `BAY HEIGHTS ROVING SECURITY GUARD SPECIAL TAXING DISTRICT" BY MIAMI-DADE COIJNTY TO INCREASE THE OFF-DUTY POLICE ROVING PATROL SERVICES FROM EIGHT HOURS TO SIXTEEN HOURS PER DAY FOR THE BAY HEIGHTS NEIGHBORHOOD, MIAMI, FLORIDA; SUBJECT TO COMPLIANCE WITH APPLICAIII.F. CI'T'Y OF MIAMI AND MIAMI -DADS COUNTY REQi►1RF.MF.NTS; APPROVING NECESSARY EXPENDITURES FO SAID ROVING OFF-DUTY POLICE PATROL SFRVICF -, RFQUTRING REIMBURSEMENT FOR ALL EXPENDITURES; REQUIRING EXECUTION OF A NEW INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACITED I'ORM, W1111 MIAMI -RADE COUNTY; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first reading by title only, by the following vote: 137 July 26, 2001 36. FIRST READING ORDINANCE: AMEND SECTION 19-7 OF CITY CODE ENTITLED "FIRE PROTECTION," TO PROVIDE ADDITIONAL RESTRICTIONS AND PROMBITIONS RELATED TO PYROTECHNIC DISPLAYS. Vice Chairman Gort: Nineteen, ordinance amending the Code of the lire Protection. Commissioncr Winson: And this is about fireworks at Vizcaya. 1 would like to move the ordinance. However, I would like a modification in the instructions here, which are Section 19- 7, C -3Y Alex'? Alejandro Vilarcllo (City Attorney): Ninetten-7, "C," pennit application issuance. Commissioner Winton: C-3. So it's the top of Page 3 of 3. Mr. Vilarcllo: Yes, sir. Commissioner Winton: It lists the number of days. 1 think the agreement that everybody reached in several meetings was that there would be four specific days and two like, you know, personal floating days, l mean. So there would be -- Vizcaya, itself, would have the discretion to pick two other days, in addition to the four specific days. Vice Chairman Cort: How about the Kiwanis? Wait a minute. Johnny -- Commissioner Winton: Yeah, December 31". Vice Chairman Gort: Johnny, 1'd like to add, there's an event that's been taking place here for over 20 some years, which is the Calle Ocho event, where we bring all the sponsors to Vizcaya and give them a display of what Miami is all about. And these people spend over fifteen to ten million dollars ($10,000.000). And it takes place in March. Commissioner Winton: Do they do fireworks? Vice Chainnan Gort: They do fireworks and -- Commissioner Winton: Well, that's the reason for the additional -- Carlos Gimenez (City Manager): The Commission can grant exceptions. Commissioner Winton: Yes. And here's the deal. There are two days that Vizcaya can do -- you know, so they could automatically pick it. For any other exception -- Vice Chairman Cort: OK. Commissioner Winton: It's simple. The exception simply -- we call grant any others. The Commission has the right to grant additional days. 138 July 26, 2001 C Vice Chairman Gort: Right. • Commissioner Winton: But they just simply have to come to the Commission. And this is to put the lid on every night fireworks at Vizcaya. Vice Chairman Gort: Gotcha. Commissioner Winton: That's all this is all about. Vice Chairman Gori: OK. Commissioner Sanchez: But the Commission has the power to -- Commissioner Winton: To accept additional days -- Commissioner Sanchez: -- include additional days. OK. Commissioner Winton: -- over and above these six. Commissioner Sanchez: All right. Second. Vice Chairman Gort: OK. This is an ordinance. Commissioner Sanchez: Second, with the amendment. Vice Chairman Gort: It's been moved and seconded. Any -- Commissioner Winton: So my motion is to accept the proposed ordinance and the document here, but a modification to Section 19-7, Paragraph C-3, which has the four dates. And I think the Manager -- Do we have the right dates in here? Yeah. We've got the right dates in here. So four dates, plus -- and this is what we're adding to it -- the modification is plus two additional days, as determined by the management of Vizcaya, so that there's six days that they're allowed to do, without having to cone back before the Commission. Mr. Vilarello: Well, Commissioner, I'd hesitate to write into an ordinance that Vizcaya, itself, has that right. Well -- or that anyone who has the -- anyone who comes forward and applies for a permit is limited to these four days, and perhaps no -- if you're trying to limit the number of days that a particular event can bo beyond those hours of operations of the fireworks, just give me that direction, and I'll find the right language to control it. Commissioner Winton: "Thank you. So moved. Mr. Vilarello: Thanks. Vice Chairman Gort: Moved and seconded with amendments. Any discussion? Being none, read it. Roll call. 139 July 26, 2001 An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 19, SECTION 19-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FIRE PROTECTION," TO PROVIDE ADDITIONAL RESTRICTIONS AND PROHIBITIONS RELATED TO PYROTECHNIC DISPLAYS; CONTAINING A REPEALER PROVISION, SEVF.RABILfTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first reading by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton; .. , . . Vice Chairman Wifredo Gort IVA!S: None A NT; Commissioner. Arthur R. T"le, h r� ti F t � i i i n a m t x� ^ i� }"5��;G�N4 } r Mtn �.¢t R {' +`!* �j£.« q .tTj �ra cK^nka. tsps' Fs B� s .-z a• i` iii-s„o�`. i sF ''+,''t`�^t �"s.�a, "" ', rr�''° r. e` ?,'r'���c �, �,' k . rare k t.�xrr t r"' kr- �.ar t 't' s tt Ar �& �}^... 'sf3"'�{t6r�F'�st t h '4ts a^ -; e trsi a , r. s• -baro ' T r" .1+,,� ;' �'i s # f_ y .a i t , r .+r rj t r } t� a 3 �3 a..., o- t r_✓Ai S �.¢� x 3_ jY" 1.t R t' $ r civ nx f�i `"M+s�h .>.je.[a 'ft"� r*t3rr k ves„'-3tx4:�ti�W25e'2'?` Ts$ Yk �. xt y' a +^.; '-•." 4`�4k'a. �"y -�s+ r $ # ra xt Js , 5 +• i s Y c r t: 1 z�y T � V � '. a r . a 140 July 26, 2001 • • 37. AUTHORI?_E DOWNTO'NAk'N DEVELOPMENT AUTHORITY (DDA) TO ESTABLISH PROPOSED MILLAGE RATE OF ONE-HALF (1/2) MILL FOR DOWN'T'OWN DEVELOPMENT DISTRICT FOR FISCAL YEAR BEGINNING OCTOBER l,'2001 AND ENDING SEPTEMBER 30, 2002. Vice Chairman Gort: Commissioner Regalado, at this lime, my understanding is the item that you had for the contract is all in agreement anti is stated here. Do you want to take action now or Commissioner Regalado: Yes, yes, so we can just finish with -- Vice Chairman Gort: Whcrc are the -- Gwendolyn, are we ready or -- ? Commissioner Winton: What item is that? Vice Chairman Gort: Where are the -- would you go get him and -- OK. Let's go to !tem 20, while we wail fur them to get here. 'I'hc proposed DDA (Downtown Development Authority) millage rate. I need a motion to approve. Commissioner Winton: So move!. Commissioner Sanchez: Second. Vice Chairman Gort: ft's been moved and seconded. Any discussion? It says resolution. Is it a resolution? Yes. OK. All in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who Moved for its adoption: RESOLUTION NO. 01-771 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTI IORCLING THE DOWNTOWN DF.VFLOPMENT AUTHORITY ("DDA") TO ESTABLISH A PROPOSED MIL.LAGG RATE OF ONE-HALF (1/2) MILL. FOR THF. DOWNTOWN DFVF.I.OPMF.NT DISTRICT OF TIIE CITY OF MIAMI, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002. PURSUANT TO SE'CTIO'N 200.065, FLORIDA STA,rL1TFS (2000); AUTHORIZING AND DIRECTING TIIE DDA TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADC COUNTY TAX COLLECTOR, TOGETHER WITH TI IF DATE, TIMI: AND PLACE OF THE PUBLIC HEARINGS AT WHICH THE MIAMI CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE DLA TENTATIVE BUDGET FOR SAID FISCAL YEAR. 141 July 26, 2001 fivaAlm (Here follows body of resolution, omittod Here and on file in the Office of the City Clack:) iJp "bong seconded by Commissioner Sanchez, the resolution was passed and ad"tod b Q�kittrtt►g �►ote: s� � eye � s � y r[ yJ i rr'4 y AYFIS4 - 1 f � �muriiasioner Tomas Ragalado Ci►ihmissioncr Joe Sanchez t a- � 1 ommissioner Johnny G. Winton Chairman Wlfredo Gott Z�4, W--- s �} � . '� a.' "Y f �� .Rtk} v�� Rf {'i �7C � t'I)-yS'1... .T P � -- ��c' 21�;j ., },� fit, 6•��'k kr no A b ii w' �i ,z*�`"3i �' r f �'a9 Z s ' r�.#y av � �Y't z {�4.. sx'➢' '"i M%, is y 1 MOM s xtiM t i.^w.�n sy �kRrLT ,Pi'4S+ • t 1" _ d¢/ S C +S� � r wick n t b • X., Y Y Yj 'ii � � �, �vF✓'2�J't 6i k y i ,i s�ydiy �T Gale;,. �"` �s t �� �`.,�" man �. � ar •,}� � .�'� � � n� ,"_ }, iP � ,t.r i�� � # ,¢, r q. '� a * �c •,i;; "`' ;�„ t cs� ,�-' � .� • y ' � y n . � ��"t r fit '� ,� ,.:�, a w.;;; 7y+ " s"' �'ri{ �'S.';F 3 rv.'ptst' [v x r ...5'.{ .3 , S,rA(n•. b 'TMtu f:''� ttP aro r¢ ¢ `` . F � ✓ a '� x~` ` 4r. , s . s t� # Y ^L�. "f+ : y x � ' ,r � �' { ' �;'T r.,{ l42 July 26, 2001 0 38. AUTHORIZE MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI SPORTS AND EXHIBITION Ai;,1THOR.ITY FOR ; DEVELOPMENT, CONSTRUCTION AND MANAGEMENT OF REGIONAL CHILDREN'S.. MUSEUM TO BE. KNOWN AS "MIAMI CHILDREN'S MUSEUM" ON 2.32 ACRES ON WATSON ISLAND FOR FIFTY YEARS. Vice Chairman Gort: Item 21. if you all recall, at the last Commission meeting, we approved this, brought in as a pocket item. The execution of an interlocal agreement with Miami Sports and Exhibition Authority. Oh, this is the :Miami Children's Museum. OK. Lori Hillbcrry (Director, Asset Management): .lumping ahead. Vice Chairman Gort: I'm jumping ahead. Ms. Hillherry: Lori Billberry, Director of Asset Management. The item before you is a resolution approving an interlocal abreen-ient with MSEA (Miami Sports and Exhibition Authority), the Sports and Fxhihition Authority, so that they can subsequently enter into a sublease with the Miami Children's Museum for operation of a museum on Watson Island. It's approximately 2.32 acres. It will be for a 50 -year Cerin. That term was determined based on some grants that they have that has a requirement for 50 years. There would be an option of the City, sole option of additional request of any increment ofyears up to 20 years. They would he raying seventy-five thousand dollars ($75,000) a year in the form of in-kind services as a PILOT (payment in lieu of taxes) to the City. There are infrastructure improvements that I would like to point out, that the museum will be doing all its own utilities and constructing the road that will be pmviding access to their facility. They've additionally agreed to pay up to 50 percent for constriction of additional roads that would be lying between their property and the mega yacht facility in the future. Tlie City is agreeing hurc, though, that we will be making efforts to try and identify the additional 50 percent funding and potentially even reduce their cost if we can in constructing that particular road. In the event, though, I'd like to point out, that we are unable to find that 50 percent, the City will have to find -- identify funding to snake up those fiends for the construction of that road. Commissioner Sanchez: Question. They would also do the landscaping? Ms. Billberry: Yes, they will have to do landscaping. Commissioner Sanchez: And maintaining the property? Ms. Hillberry: Yes. Vice Chairnian Gori: Any othor questions? Commissioner Regalado: Yes, question. You have the possibility of using another piece of land next to it that you would also do the landscaping; is that correct'? That's -- is it -- the additional piece of land. 143 July 26, 2001 Ms. Billberry: I'm not sure. Deborah Spiegelman: (INAUDIBLE COMMENTS) Commissioner Regalado: Yeah. Ms. Spicgclman: Parcel ii^ Isn't it Parcel II, the .54 acres? Ms. Billberry: I'm sorry. I'm not sura if you're referring to -- there is a little bit of additional -- probably less than a half acre of land that is currently FDOT (Florida Department of Transportation) right-of-way. And if that's the area you're referring to, we're just asking that they maintain it, in order to have the completeness. Commissioner Regalado: OK. That's basically what I'm saying. It's -- 1 just need to understand if we have the commitment that VOL) will maintain that, and prohahly do something original there, in terms of attracting. Ms. Spicgclman: Yes, sir. Commissioner Regalado: The other thing is I remember that with great enthusiasm, this Commission created a task force when the NAP (Network Area Point) was going to be built, and it became a success, because it went up, and up, and up, and up. And i think that the Children's Museum is a symbol or could be a symbol, and i tell you why. For many years, the people of Miami have said that this Commission, this government, this City has neglected Bicentennial Park, and Watson island and Marine Stadium. And now, we have the possibility of doing something, doing something quick, doing something beautiful, doing something that has the funding, and that would bring back the credibility of this government, and in fact, will make the other projects that hopefully we will do in Bicentennial more feasible, because the people in the community will realize that things do get built in the City of Miami. So I am proposing to create a special task force in order to contribute to fast track the construction of the Children's Museurn. They have to have the shovel in the ground by next January. If not, they lose the money from the State of Florida. So we cannot risk the possibility of them not having that shovel on the ground. We need to create a task force that will mirror the one that we used in the NAP, and apply that to the Children's Museum. We will not get any property taxes. We will not be rich. But the image of the City of Miami -- Commissioner Winton: I will second the motion with it minor modification, and that is that there's a quid pro quo that has to conic with this from the Children's Museum. When we did the NAP, the quid pro quo was that we, from a City standpoint -- administration, not me. I didn't have to do it. They did it -- made a commitment that they would work 24 hours a day, seven days a week to get the plans approved, construction out of the ground moving. But the quid pro quo was that the developer was willing to do the same thing, and that the developer couldn't work five days a week, 9 to 5, mess around, lose two or three weeks -- "Oh, I'm busy, ]'in thinking about this. I'm thinking about that" -- and then conic and give us their emergency. Ms. Spicgclman: We agree wholeheartedly. 144 .tiny 26, 2001 0 0 Commissioner Winton: And that's very important that that works both ways. Commissioner Regalado: And, you know, and I think that they understand that for their fundraising purposes, and from the state's funding purposes, they have to just understand that they have to go forward quicker than any other project. So I think, you know, I think that we can safely say that we will do that. Ms. Spiegelman: We absolutely agree. Commissioner Winton: Plus they have to be very organized. Vice Chairman Gort: OK. i have a motion and a second. And let me tell you something. We've had meetings in DDA (Downtown Development Authority). We have created five yeas ago the Downtown Hotels Committee, and that committee has been very active. They've boort able to bring a lot of conventions down here. And the things they're looking for, amenities like this one. And that is going to -- Every time we fill our hotel rooms, we get money. We get a lot of money expended within our City. So I have a motion and a second. Is there any further discussion? Commissioner Sanchez: Call the question. Vice Chainnan Gort: All in favor state it by saying "aye." The Commission (Collectivoly): Aye. Vice Chainnan Gort: Thank you. Good luck, and I hope you get it done in three months. 145 July 26, 2401 0 • The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 01-772 A RESOLUTION 01- TME MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN 1NThRLOCAL AGREEMENT, IN SUBS'T'ANTIALLY THE ATTACHED FORM, WITH THE MIAMI SPORT S AND EXHIBI.1.10N AUTHORITY FOR THE DFVF,LOPUIL'NT, CONSTRUCTION AND MANAGEMENT OF A REGIONAL CHILDREN'S MUSFUM TO BE KNOWN AS THE "MIAMI CHILDREN'S MUSEUM ON APPROXIMATELY 232 ACRES ON WATSON ISLAND FOR A PERIOD OF FIFTY YEARS, WITHTHE CITY'S EXCLUSIVE OPTION TO EXTEND THE TERM IN ANY INCRI?MEN'f OF YEARS FOR AN ADDITIONAL TWENTY YEARS; PROVIDING FOR AN ANNUAL. RENT OF TWO DOLLARS; FURTHER PROVIDING FOR IN- KIND SERVICIS FROM THF SUBTENANT WITH A VALUE OF NOT LESS TIIAN 575,000 PER YEAR, SO LONG AS THF LEASED PROPERTY IS EXEMPT FROM ADVALOREM TAXES. (Here follows bcxly 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 Chainnan Wifrcdo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Arthur h. Teele, Jr. Adrienne Pardo: Thank you. I just wanted to thank everyone very much. Staff has worked really hard with us -- Olga Ramirez, Lori Bitlberry, Dena Bianchino and Arlene Weintraub. And I wanted to thank everyone, and it's greatly appreciated. Vice Chairman Gort: Great. Commissioner Winton: Be organized. Ms. Pardo: We will. Vice Chairman Gort: Get it going, get it going. 146 July 26, 2001 96DJA a MiL Pardo: We will. Thunk you. MO-`Aillbgtry: We will be pi+ t tw+o,�eelr�. In order to ad dwm strLie vino got it to you naw. , Vice Chauman Gorr: Great. a -� 'f�� ��r�„C�;.�t�+"�ts.`•'��#�`�a �f'"�i�'w i�i �"�i+"g�'4'�"a`,"�TMF �'�:6�'�'�'�"i`'�'�r�tA" A Cohlud :toner Sanchez: All p . z�£r i :�:a� r � ' i rw+e.t ~ ��+` �w tfr •;� �� y6,.' �� � } 'Viae Chairman Gort: Thanyt y, _u. w GiwT� e'•",ria Y a"`{`,' ,mss ;'t ,` VOR Zm MRM Lk r r } x+s 15"gM1 r 4� r m, - r a a � i ?;•- i �oF v r, .. � v, r ._:,. a m✓ rz �y=. �� r � x• j 1�7 July 26; 2001 39. AUTHORIZE MANAGER TO NEGOTIATE AND EXECUTE LEASE AGREEMENT WITH DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR LEASING OF4.8 ACRES OF PROPERTY LOCATED AT 405 NORTHWEST 3RD AVENUE FOR DESIGN. CONSTRUCTION AND MANAGEMENT OF CHARTER SCHOO� ; SAID LEASE AGREEMENT TO AUTHORIZE, SUBLEASING OF PROPERTY BY DbA TO CHARTER SCHOOL. Vice Chairman Gort: Item 22 is authorizing the exchange for property with Miami -Dade County. If you all recall, we passed this as a pocket item. This is a formal resolution, and this is to create a charter school in downtown Miami. Commissioner Sanchcz: So move, Mr. Chairman. Commissioner Winton: So move. Second. Vice Chairman Gout: Is there a second? Any discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. Vice Chainnan Gort: Thank you. Great presentation, Patty. The following motion was introduced by Commissioncr Sanchez, who moved for its adoption: MOTION NO. 01-773 A MOTION AUTHORIZING THE: CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT WITH THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") FOR LEASE OF PROPERTY AT 405 N.W. 3 AVI?NUE FOR CHAR'I'ER SCHOOL. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur I:. Teele, Jr. Vice Chairman Gort: Twenty-three, management agreement between the City of Miami and Florence -- 148 July 26, 2001 Commissioner Winton: How about 22-A? Vice Chairman Gort: Twenty-three, that's where I'm going. Commissioner Winton: Twenty -two -A. Vice Chairman Gort: Oli, 22-A. We have an "A." Commissioner Sancho: Twenty-two -A, 22-A. Commissioner Winton: 'Twenty-two -A was charter school. Did we do 22? Lori Billberry (Director, Asset .Management): Twenty-two was withdrawn -- Commissioner Winton: Oh, I'm sorry. Sorry, sorry. Ms. Billberry: -- because that was the item that was approved on the 19`h by the Commission. Commissioner Winton: Got it. Thank you. Ms. Billberry: Twenty-two -A was the lease with the charter school. Vice Chairman Goat: OK. Management agreement between the City of Miami and Florence Littlhcut Inner City Children Touring Dance Company. We already did that. Lori Billberry (Director, Asset Munagcmcnt): That was adopted earlier. Vice Chairman Gori: Item 24, temporary personnel services. Commissioner Winton: So move -- oh. Alejandro Vilarello (City Attorney): What about 22-A? Twenty -two -A is the lease between the City and the DDA (Downtown Development Authority). And if the Clerk can correct me -- Vice Chairman Gort: 1 don't have it here. Mr. Vilarello: -- that's the item that needs to be adopted. Vice Chairman Gort: I don't have that. What's 22-A? Mr. Vilarello: Twenty -two -A is the resolution of the City Commission authorizing the Manager to execute a lease agreement -- Vice Chairnian Gort: That's not in my notes. Mr. Vilarello: -- between the City and the DDA. 149 July 26, 2001 z Vice Chairman Gort: OK. Commissioner Sanchez: That has not been voted on. So moved, Mr. Chairman. Walter Foeman (City Clerk): That was done. Twcnty-two -- Vice Chairman Gort: It's been moved. Is there a second? Commissioner 'Vinton: That's what I tried to say. You guys -- Vice Chairman Gort: Well, 1 don't have that. You had more than 1 did. OK. Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. Vice Chairman Gort: Thank you. The following resolution was introduced by Commissioner Sanchez, who moved Ibr its adoption: RESOLUTION NO. 01-774 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CI'T'Y MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") FOR THE LEASING OF APPROXIMATELY 1.8 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 405 NORTHWEST 3K" AVENUE, MIAMI, FLORIDA, FOIL THE DESIGN, CONSTRUCTION AND MANAGEMENT OF A CHARTER SCHOOL; SAID LEASE AGREEMENT TO AUTHORIZE THE SUBLEASING OF THE PROPERTY BY DDA TO THE CIIARTER SCHOOL ("SUBLESSEE"); AUTHOR17.ING 'rHE CITY MANAGER TO EXECUTE AL.I.. NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE: CITY ATTORNEY, TO FACILITATE THE FINANCING OF THE PROJECT BY ITS DEVELOPER, WHICH ,MAY INCLUDE SUB-•SliBI.EASING A GROUND LEASE BY THE SUBLFSSFE TO A DEVFLOPER AND A LEASF'-BACK OF THE CONSTRUCTED IMPROVEMENTS FROM THE DEVELOPER TO THE SUBLESSEE; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE, MOR'T'GAGING OF THE LEASEHOLD INTEREST ON TERMS ACCF..PTA131-E TO ']'HE CITY MANAGER AND THE CITY ATTORNEY. 150 July 26, 2001 1 . , . 1 . / / • 1 1 . • 11 ( t :r. 1 YI . 1 / e t • • 1 "1 e t f 1 1 / t t "" '', 11,14 y at ++''j t ,, sad a 4�r� t'� 3 Ks� �� x t%� �t�+z ��"�C•t�"£ � -r� �S �z��o���a ��'"r�'' ;4 F�" .li"a:,v t 'wfe' G k ` Y.)2riy Y" ,�+ ! +, is w +5 7 ,.,J,(«iyi "°S t °eP.,. Oil k 1M y.�.il ? aR . �s ys�t' '�'' F� .m tsa � � S�• i�% '...,,,.,}++ +x`t xt� .�`�r ° ��. �d^�z4 �� c y FyP `i(ey1 �1� �� s<��$�#•'t�t��'�T??8"5� '"��i� � a�vi i� t tie rt dt� a it *f2ez'�i�,"tt,�r4� ani f�,�a x 3`t Ss . •4 R -C .v� yn S ;ri .,G� s Wl ,A4 � tf �t4 �Kl' 3 ��-�l's'yfit5 i€'h4r . �.%�y' a y33r�-is*' i`},� ° •x'4' „ .{ t 3,S d ae�a. .t a ''?`z,:,✓,��'Es'k`fr � .w&�-- z''t 1 f� q''°'ItR i s �+ r � a . y 2C 2001 40. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, I AUTHORIZE EXTENSION IN CONTRACT WITH TRI-STATE EMPLOYMENT SERVICES; BUDGET QUALITY STAFFING; MANPOWER INTERNATIONAL, INC.; ADSTAFF PERSONNEL; WESTERN STAFF SERVICES, INC.; DE.ANNA ENTERPRISES, INC., DB/A AIA EMPLOYMENT OF MIAMI; K. MITCHELL & ASSOCIATES, PURSUANT TO BID NUMBER 96-97-014, FOR PROVISION OF TEMPORARY PERSONNEL SERVICES TO VARIOUS DEPARTMENTS ON AN AS-NEEDED BASIS, FOR DEPARTMENT OF HUMAN RESOURCES, TOTAL AMOUNT NOT TO EXCEED $45,911; ALLOCATE FUNDS FROM VARIOUS USER DEPARTMENTS' BUDGETS. Vice Chairman Gort: Tkventy-four, temporary personnel service. C'ommissioncr Sanchez: So moved, Mr. Chaimian. Vice Chairman Goo: It's been moved. Is there a second? Commissioner Winton: Second. Vice Chairman Gort: Any discussion? Being none, all in favor state it by saying "aye." The Commission (Collectwcly): Aye. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RFSOLUTION NO. 01-775 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) VOTE, RATIFYING, APPROVING AND CONFIRMING THE CI'T'Y MANAGER'S FINDINGS OF AN hNIERGENCY, WAIVING THF. REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES .AND APPROVING THI: EXTENSION OF CONTRACTS WITH TRI-STATI EMPLOYMFNT SERVICES; BUDGET QUALITY STAFFING; MANPOWER INTERNATIONAL, INC.; ADSTAFF PERSONNE.I.; WFSTF,RN STAFF SERVICES, INC'.; DEANNA ENTERPRISES, INC. D.B/A AIA EMPLOYMENT OF MIAMI AND K, MITCHELL & ASSOCIATES FOR TH1 PROVISION Ol, "CEMPORARY PERSONNEL SERVICES, FROM JUNE 14, 2000 THROUGH DECEMBER 1, 2000, FOR THE DEPARTMENT OF IiUMAN RESOURCES, "I'O BE USED BY VARIOUS CITY DEPARTMENTS ON AN AS-NEEDED BASIS, 1N AN AMOUNTNOT TO EXCEED $45,911; ALLOCATING FUNDS FROM hACH OF THF. GENERAL OPERATING BUDGET'S OF VARIOUS USER DEPARTMENTS; AUTHOI(I7.ING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS. IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR SAID PURPOSE, 1.52 July 26, 2001 (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 adopod b the ; foiMwitt� vow A�Commissioner Tomas Replado ' Commissioner Joe Sanchez `;Commissioner Johnny L. Winton Vice Chairman Wifredo hart I r�af rM1 f !done.. ,,� ,: � �,y� �i��� r� ?x #- . AN ,a�a+�E �. 5rr.� � am4 � h �r8 4 4'.�q`r ✓ � ��� � �� a f t, c}� t �'3i" u° li` Mv� �� �� � �'�'+� �'_ �Sta•: Fir � ^ �'"�, �'� '� �Y�"���,� � i �e u�¢� � �`�� ����� � �� 9 t zt - - •� ray t� dY� 7 rad s w� t� rt y iE z� ; §� E `',�'43t �� "'rd'�'a .n � a T3: � r"T't s� �+ ✓' ;ter � y �� �# R a '"`X T2is 1 S3 July 26t 2001 41. AUTHORIZE DIRECTOR OF FINANCE TO PAY TO ROGERS FINNIE THE SUM OF $72,500; IWULL�SETTLEMENT OF ALL CLAIMS AGAINST CITY AND CITY'S OFFICE' OF HOMELESS PROGRAMS, THEIR RESPECTIVE OFFICERS, AGENTS; AMD SERVANT; RELATING TO -CASE OF ROGERS FINNIE VS.` CITY; !ET AL.; ALLOCATE $72,500 FROM SELF-INSUWCE AND INSURANCE: TRUST FUND, Vice Chairman Gort: Item 25. Mr. Attorney. Commissioner Sanchez: Mr. City Attorney. Alejandro Vilarello (City Attorney): This is a request for authorization for settlement arising out of claims made out of the Office of Homeless Programs. It's Fair Labor Standards Act case, and we recommend the settlement amount of 72,500. Commissioner Sanchez: So move, Mr. Chairman. Commissioner Winton: Second. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second. Vice Chairman Gort: And you recommend? Mr. Vilarello: Yes, sir. Vice Chairman Gort: Is there any further discussion? Being none, all in favor, $tate it by saying ,aye .. The Commission (Collectively): Aye. 154 July 26, 2001 • The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01-776 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING TILE DIRECTOR OF FINANCE TO PAY TO ROGERS FINNIE, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $72,500, IN FULL AND COMPLETE SEI-I'LEMI=Nf OF ANY AND ALI. CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND THE CITY OF MIAMI OFFICE OF HOMELESS PROGRAMS, THEIR RESPECTIVE OFFICERS, AGENTS AND SERVANT, INCLUDING, RELATING TO THE CASE Of ROGERS FINNY VS. CITY OF MIAMI, ET AL., FILED IN TIIF, UNITED STATES DISTRICT COURT, CASE NO. 99 -3444 -CIV -JORDAN, UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI AND THE CITY OF MIAMI OFFICE OF HOMELESS PICOGRAMS, THf:IR RESPECTIVE PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS, 1N AN AMOUNT NOT TO EXCEED $72,500, FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.661. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sancho Commissioner Johnny 1.. Winton Vice Chairman Wifi•edo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. 155 July 26, 2001 0 • 42. CONDITIONALLY APPROVE SALE OF PROPERTY LOCATED AT 1700 N.W. 14 AVENUE TO METRO/MIAMI COMMUNITY DEVELOPMENT CORPORATION TO DEVELOP 436 UNIT AFFORDABLE HOMEOWNERSHIP PROJECT (See #1I). Vice Chairman Gort: OK. My understanding is Metro/Miami Community Development Corporation -- Alejandro Vilarello (City Attorney): What item is that again? Vice Chainrtan Gort: This item was a special item by Commissioner Rcgalado. Commissioner Regalado: OK. Mr. Chairman, we seern to have the details, the terms of purchase and sale agreement about the property on 1700 Northwest 14"' Avenue, Track B, (UN NTi ELIGIBLE) Subdivision. And we have the purchase price, the deposit, the envirorunental condition, the note, the 1111_01" (payment in lieu of taxes). So, Mr. City Attorney. Mr. Vilarello: Yes. Members of the Commission, we've distributed a terra sheet that apparently has been agreed to by the administration. Gwendolyn Warren (Director, Community Development): No. We need to discuss it a little bit. Mr. Vilarello: OK. There are -- When the discussion is completed from the administration, there are some business issues which have a legal implication, which I would like to address. Ms. Warren: I guess -- Gwendolyn Warren, Director of the Department of Community Development. 1 didn't mean to infer that we have not agreed as much as i wanted to discuss the items that require a policy decision on the part of the Commission, in order for the contract to he executed. Arid I guess the Attorney -- there's sonic business decisions that the Commission has to agree to before we would again go forth and execute the contract. if you may recall, in approximately April of this year, the Department of Community Development was given it responsibility to cumplete or negotiate a contract with VletoiMianii Community Development Corporation. As stated earlier on the record, a contract was prepared and was provided to the party. They indicated they had some concerns with the contract. The Commission did, in fact, direct the Laws Department, Department of Asset Management and Community Development to get together to determine what the significant issues were, and to bring them back at this time. Again, what has been provided to you is issues related to the contract that the administration feels requires an informed policy decision on the part of the City Commission, and upon proper direction, we will complete the contract. The issues, as I understand them, is the -- First, I'm going to let Barbara give you the issues relative to the contract, I'm going to turn it over to the specialist. Commissioner Winton: 1 low large is this thin? Vice Chairman Gurt: pt's pretty large. It's about three acres, i think. Commissioner Winton: How large? What's the square footage or acreage of the site? 156 �I�I�1it� July 26, 2001 9 0 Barbara Rodriguez (Assistant Director, Community Development): I don't have the -- I know it's going to be 436 housing units. Commissioner Winton: Thank you. Well, how many houses doesn't do me any good. Ms. Rodriguez: No. 1 don't know the acreage. Vice Chairman Gort: It's 485 -- Commissioncr Winton: Two point nine five acres, is that what 1 heard? Two point nine five acres? Ms. Warren: Correct. Commissioner Winton. Thank you. Vice Chairman Gori: My understanding, it's four hundred and -- Angel Gonzalez: Four hundred and twenty-three units. Vice Chairman Gort: -- twenty-three units, homeownership. This is not rental. Mr. GonzAlez: Homeownership. Vice Chairman Gori: Affordable housing. Mr. GonzAlec: Afforduble housing. Ms. Warren: Which is not necessarily the same. Vice Chairman Gort: Yes. Ms. Rodriguez: OK. After meeting with the Metro/Miami, Asset Management and the Law Department, there were some issues that were raised, one being the environmental conditions. The purchaser will be responsible for performing the remediation. However, they do not www any liability from the past, or they will not furnish a bond in the event -- And the way this works is that they will be paying for the cleanup of the site. And one of the issues that we had was that they needed -- They will be paying these bills. And if a year from now, the purchaser decides that they will not continue, there could be some payments out there that the City would be responsible for. The purchaser has stated that they don't want to furnish a bond or no type of security or collateral. So that's -- Commissioner Winton: Ilas there been a Phase II done on this property? Thomas David, Jr.: Phase 11 environmental study? 157 July 26, 2001 wl® tr Commissioner Winton: Yes. Mr. Davis: Yes. Commissioner Winton: And -- Vice Chairman Gort: I'm sorry. Excuse me. I'm sorry. You have to come to the mike, and state your name and address, please. Mr. David: Thomas David, Ju, 6421 Southwest 16"' Terrace. Commissioner Winton: So there's been a Phase 11 done? Mr. David: The City of Miami has done a Phase I1 by Evans Environmental Engineering Group. Commissioner Winton: And have we done a cost estimate for remediation, based on the determination of the Phase II? Lori Billberry (Director, Asset Management): I'm sorry, 1 don't have all the information with me. But, yes, there were -- the EE&G (Evans Environmental F,ngineering Group) went through three different scenarios. One, basically leaving the site as -is and putting more -- just monitoring. And another one -- which that only was about two hundred thousand dollars (S200,000). There was another one that involved a partial -- Commissioner Winton: Two hundred thousand, period? Ms. Billberry: Right. Commissioner Winton: But you have to put an O&M (operation and management) plan in place, too, don't you? Ms. Billberry: Right. 'There would probably have to be some ongoing monitoring going on with that. A partial cleanup of the site, which might serve for the purposes of their type of development, which would be probably around six hundred thousand dollars (S600,000). A full cleanup, I think, escalated close to two million dollars ($2,000,000). Mr. David: Correct. Commissioner Winton: And what's the contain i nant? Ms. Billheny: I can get that for you, but ]'in sorry, I don't have that report with me. Mr. David: Commissioner, what do you mean by "containment"? Ms. Billberry: Contaminant. 158 July 26, 2001 UffWfEf Commissioner Winton: Contaminant. What's the contamination? Vice Chairman Gort: What was there before? Mr. David: 'They got iron, they got old ash debris, they got tires. But it has polluted the top ground level. It has not polluted the water levels, I don't believe. Commissioner Winton: So was this a dumping -- what was there? Vice Chairman Gort: What was this before? Commissioner Winton: Anybody know'? Mr. David: It was a landscape nursery, I believe, at one time. And then, when they moved out. someone dumped ashes on the property, and the ashes stayed throughout the years, and the ashes contaminated the entire surface. Vice Chairman Gort: My understanding is this property, if the City ever needs to develop, do anything, we will have to do it, anyway. Mr. David: That's correct. Commissioner Sanchez: We would have to decontaminate it. Vice Chairman Gort: We'd have to do something. OK. Commissioner Sanchez: Or pay for it. Ms. Billberry: Right. The level of cleanup can be influenced by the type of development that you're doing. given that it is in the brownsfield. Commissioner Sanchez: But does the City have an estimated cost of what it will cost to decontaminate that land? Commissioner Winton: Yeah. She just gave us the three different scenarios. Ms. Billberry: Right. Commissioner Winton: The maximum cost is two million. The minimum cost was -- Ms. Billberry: Like two hundred thousand. But that's not a likely scenario. It would probably mean -- Commissioner Winton: That's acceptable. Yeah, that's not a likely acceptable scenario, right? 159 July 26, 2001 Ms. Billberry: !tight, exactly. A likely scenario would be more in the six hundred thousand dollar ($600,000) range. Commissioner Winton: That would be acceptable to DERM (Department of Environmental Resource Management). Ms. Billberry: To DERM, correct. Vice Chainnan Gort: i think, from the beginning, they agreed to that amount, and they were talking about up to even eight hundred thousand. Mr. David: Yes. We've discussed with certain engineers and Evans Environmental, and a little scope of work on the project, And we know that we're going to be spending a little bit more than six. It could be between eight and nine hundred thousand to clean up this property, or at )cast get it to the point where we can build upon it and not contaminate anything else. Vice Chairman Gort: OK. Ms. Billberry: Undcr the proposed agreement, they would be able to use up to the million, forty- five thousand dollars ($1,045,000) towards the cleanup. If it is above that, and they have already agreed to go through with their DEW approved plan, they would be absorbing any cleanup cost in excess of that. Commissioner Winton: But what are the number of units again that are proposed for this project? Vice Chairman Gort: four hundred and thirty-five or 423. Mr. Gonzalez: Four hundred and thirty-five, right? Ms. Billberry: The risk, you know, as previously explained, is that -- Vice Chairman Gort: Four thirty-six. Let's get it correct. Commissioner Sanchez: All right. Vice Chairman Gor1: Four thirty-six. Mr. Gonzalez: Four thirty-six. :Vis. Warren: Again, the concern in the risk -- again, a policy decision by the Commission that if it exceeds the amount of the purchase price of the land and they're not able to complete the remediation, we're not able to begin remediation and not complete it, and the cost would be, if it reverted back to the City, would be borne by the City. Our concern is that we think there should he some insurance or bonding available, so that if the cost for the remediation exceeds (lie 160 July 26, 2001 purchase price, the City is not responsible for the payment. Again, we're looking at an insurance policy. Commissioner Winton: And have you all priced that insurance policy, yet? Vice Chairman Gort: Of course. Ms. Warren: We have not been able to price it, but I think that that would be prudent. Commissioner Winton: Well, it does exist, so. Commissioner Sanchez: It does make sense, and it's prudent. Mr. David: hxcuse me. Commissioner, if 1 -- Mr. Vilarello: Commissioners, as we understand it, that is -- that policy is not uvailablc on the market at this time. Commissioner Winton. That's not true. Mr. Vilarello: Once they find the contaminants, that's -- Commissioner Winton: No. Mr. Vilarello: Our Risk Manager has advised us to that effect. Commissioner Winton: That is not true. AIG has a program. I've met with them, personally. And the insurance only works once you've determined risk. It doesn't work if you haven't determined risk. You can't get it if you haven't determined risk, because they don't know what their risk is that they're trying to insure. Vice Chairman Gort: OK, let me see if I can understand this. My understanding is they're willing to utilize up to 1.3 for cleanup. If it goes beyond that -- suppose it goes up to 1.5 -- the City is to pay the difference between the one -three and the five? Mr. Vilarello: No, no. No. :Vis. Warren: The answer is "yes," it's their responsibility. Vice Chairman Gort: So we're talking about is the City would have to -- not the whole expenditure. The City would have to put up an additional -- whatever the difference would be between 1.3 and whatever it takes to clean it up; am I correct? Dena Bianchino (Assistant City Manager). The way the agreement reads is that they're responsible for all the cleanup. However, if they don't have the money, if they can't come up with it, once we've exposed this problem, the City must clean it tip, 161 July 26, 2001 0 • Vice Chairman Gori: Oh, OK. Gotclta. Ms. Bianchino: And we're just trying to tell you that there is an exposure here that could be up to a million dollars ($1,000,000), you know. Commissioner Winton: Well, 1 thought they -- they've made a -- you've made a -- they've made a commitment for up to a million -three? his. Bianchtno: Yes. Commissioner Winton: But we've determined that the -- we think the maximum exposure: is two million? Ms. Bianchino: That's -- we think. Commissioner Winton: OK. So, you know, there's an exposure of seven hundred thousand. Maybe it's more, but if you get an insurance policy thut gets above the two million, you get covered. And it seems to me, from you all's viewpoint on this two million piece, you know, two million dollars ($2,000,000) on 436 units is thirteen hundred dollars ($1,300) a unit. That effectively becomes your land cost, because you're paying a hundred dollars (5100) -- How much are you paying for the -- Oh, no. You're paying u million. Mr. Gonzalez: A million forty -live. Commissioner Winton: Oh, OK. Well, let me -- I'll erase what I was saying and go back and do new calculations. Mr. David: Let me say something else, Commissioner. The contaminants are there. If we start cleaning up, and we get up to the million -three, which means that we've already paid the City for the property, because we've invested a million -three, Anything above that is still our responsibility, because; we become the owners. Ms. Bianchino: Commissioner Winton, il' 1 could explain something. They're not going to pay for the land and the remediation. They're going to -- The land price is one point whatever. They get a credit against that land price for any remediation that they do. So your initial calculation of thirteen hundred dollars (S ),300) a unit was accurate. Commissioner Winton: So back to my point, guys. Thirteen hundred dollars (51,300) a unit for land cost, I don't care what the development is, that's a bargain, bargain, bargain. Mr. David: Agreed. That's why we feel that we want to build this property and do it affordable housing. It's already been purchased by federal funds, 1 believe, for affordable housing. We're just trying to bet it back -- 162 July 26, 2001 01610f[b Commissioner Winton: But I think the -- It seems to me that the debate here is about whether or not you all are going to take the full liability to the Iwo million dollars ($2,000), as opposed to the only one -three liability that you're trying to assurne here. And I'm saying to you that a two million dollur ($2,000,000) liability turns out to effectively be your land cost, which is only thirteen hundred dollars ($1,300) a unit, and that's nothing. So I'm struggling to understand why the City would want to come to the table and take on any of that additional liability when we're giving you land that's only thirteen hundred dollars ($1,300) a unit. That is one -- 1'd like to be doing those deals all clay long, Mr. David: "'ell, the deal is good, but it's a lot of work to be made on this property. Commissioner Winton: There's always lots of work to do on developing deals. Mr. David: Definitely. We're doing it for affordable housing, in any case. Commissioner Winton: That's the reason they're development deals and not everybody can do them. Mr. David: No. In any case, Commissioner, because the property is in a brownslield designated site, you do not have to clean the entire property. You've got to remediate it to the point where You can live on it. Commissioner Winton: But our point -- that's not our point. Our point is, you need to take the liability here, the two million dollars ($2,000,000). Don't be trying to fluff the liability off to us. Vice Chainnan Gort: My understanding is -- Commissioner Winton: That's your liability. Vice Chairman Gort: My understanding is, what the differences is, there's a policy that you can buy that guarantees if it goes beyond that, it'll be -- and those people that write those policies, the underwriters of those policies know and they have the experience -- and I'm sure when you look at it, you can buy it at a very reasonable price, especially if you're willing to go up to one point three million dollars ($1,300,000). They can calculate more or less, and I think that's something you can look into it. Mr. David: Well, we haven't looked into it, but we'll look into it. Something I do want to point is, once l get to the one point three million, whatever we're purchasing the price for -- Mr. Gonzalez: One point -- one forty-five. Mr. David: -- wouldn't I say that at that moment, I've complied with the City, and I have paid them for the property? Anything above that, all the problems on the property, all the DERM issues will revert to us'? The City is no longer responsible for that? Vice Chairman Gort: That's why they're saying there's a policy. 163 July 26, 2001 1XIIELFIR Mr. Vilarello: Commissioner, i think there's been a misunderstanding. They are paying one million, forty-five thousand dollars ($1,045,000) for the property. They get a credit for the remediation. if it cost more to remediate the property, it is their responsibility. The issue is, if it does cost more and they walk away from the property, it will be the City's responsibility. 'They won't pick up the additional liability, and they won't assume the liabilities and hold us harmless into the future. The hold harmless provision is the legal issue that I'm trying to address. And the developer doesn't wish to pick up liability for past contamination or contamination to surrounding properties. Commissioner Regalado: Mr. City Attorney, the property is our, now. So if now they walk away, right now, it would still be ours. It would still be our liability. We'll still have to pay two million dollars ($2,000,000) to clean it, in order to sell it or to do something. Mr. Vilarello: 'typically speaking, when you sell a piece of properly, you want to try as best you can to limit your liability from exposure. Commissioner R.egalado: OK. So what I'm saying, is very simple. 1 mean, we are -- I mean, we need to do something with that property. Commissioner Winton: You know, and 1 heard what -- And I think our City Attorney is doing the right job in trying to protect us. But in the real world, nobody's buying contaminated property and paying retail price and -- you know, there's a balance right here that i think we're working; on. 1t seems to me that they've agreed that they're taking on the full liability. Our risk is if they walk away, after they've taken on a million dollars ($1,000,000) or a million -three worth of cleanup, and they decide they run out of money, and they walk away from the project, we bet the land back. There's been a million and a half or a million -three already spent on remediation. 'That means the remaining -- this isn't ground Nvater contamination. This is dict, and I don't know, ]row deep it goes. And it sounds like dumping stuff that you can literally haul away, and that's going to minimize our upside risk here. So -- Yes, you've been trying to say something. Ms. Warren: The concern, again, we're all -- I think aftordable housing is important. The concern, again, is the insurance issue. If, in fact, for whatever reasons, they were to get into the project, if we'r'e not properly insured, what could occur is that any outstanding liens for the work to be done, any liability on the property when it reverts back to us, we would be liable for. So what we're trying to do is two things: One, tivc want to work with them to get a policy that basically would insure the cleanup. Secondly, we want to make sure that if, in fact, for some reason, they're not able to get the financing to actually do the construction, since we haven't secured that yet, and we don't have a written commitment that (lie financing is in place, we're trying to insure that we're not, one, completing the remediation, paying any liens that may be filed against the property, because we have a reverter clause. That could he handled through some insurance and some protection on the part of the City. I think we want to work together on this. Commissioner Sanchez. Can you live with those terms and conditions? 164 .1uly 26, 2001 1I1Z1ii[! Mr. Gon7.Alez: Beg your pardon? Commissioner Sanchez: Can you live with those terms and conditions? Mr. Gonzalez.: Well, yeah, we could live with the terms. The problem is that we don't have any money to buy the insurance. These people have spent already over twenty-five thousand dollars ($25,000) oil this project, and we're still pending to get it piece of land. I mean, we're -- Commissioner Winton: Wilit, wait, wait. They spent twenty-five thousand. Thcy don't have any money. What are they doing -- If they don't have any money, what are they doing developing:' Mr. Gonzalez: No, they have the financing, but they had to put the financing group into place. They had to go to -- fly to Texas to get the bank people. Commissioner Winton: Angel, this is a major development. Mr. Gonzalez: 1 know. Commissioncr Winton: Four hundred and thirty-six units is a major development. You're telling me that you've got a developer sitting here that has spent only twenty-five thousand dollars ($25,000), which is peanuts. It's absolutely nothing on a 436 -unit development. And telling me they don't have money to step to the plate to do these kinds of things'? They shouldn't be developing. Mr. David: Commissioner, we've sat down with First Southwest Financial 'Mortgage Company from Texas, and they have committed with its -- and we have it letter of commitment. 1 believe it's one of the earlier packages we submitted to this Commission -- stating that they will work in this project, they will buy the bonds that we're going to be purchasing frons Housing finance Authority. We've already worked out the financing for this. We're not here, alter three years, thinking that we're not going to do this. We're going to develop this project. Commissioner Winton: lint that isn't my point. My point is the development business is high risk, Mr. David: 'That's correct. Commissioner Winton: That's the reason everybody and their grandmother doesn't do development. It's high risk. And in development, there's no such thing as moving from Point A to Point F in one smooth move. You go from Point A to "!," hack to "B," to "n," and "I,." That's the way it works. And at each of those turns to the left, it means you've run into a problem. And in the development world, there's only ever, ever, ever one real bottom line solution to solving the problem in dcvclopment, and it's called inonev. 1t isn't something else. It's al%vays money. I have to have more money to solve this kind of problem. And the reason that I've told all of the community agencies in my district that I want them out of file 165 July 26. 2001 • development business is because of that very same issue. There's no such -- i don't care if you're building a house. Evcry time you build a house in the development world, you run into a series of-prohlcros. Somcbody designed it wrong. I found a tire there. I found this. I found that. And it takes money, and they never have an extra dime to solve any problem, and only money cures these problems. So in this particular instance, I'm still trying to understand if you all have tmy real pocket money to solve these problems as you're going along. If there isn't any money to buy insurance, then I've got a real serious problem handing over land for a major, major, major multi-million dollar project to somebody that can't solve ►ninor problems as we move along, because this is only one. This is only the first. Mr. David: %Ve understand that, Commissioner. Wc'vc done our homework. We've got a portfolio set prepared. We'% e sat down with the bankers. They'vc reviewed our numbers. They just don't want to really get committed, because at the moment, we don't have a piece of property. We just have a "hear -so." Commissioner Winton: Commissioner Regalado, let me. make a point to you about a major issue that's on the table here;, and that is about the process of moving ('onward with reinediation. And I think you and I were on the same wavelength a minute ago, but now I sec the staffs point. If the developer moves forward with remediation, and in addition to that, moves forward with a number of other steps that's spending money, and they're doing it with contractors, and they haven't paid the contractors yet, maybe they spend a million dollars ($1,000,000) on unrelated things, and they spend a million dollars 61,000,000) on remediation, and at the end of that two million dollar ($2,000,000) expenditure, there's some giant new problem. They walk away. 'I he property is limed two million dollars ($2,000,000), only a million of it is remediation, and another million is something else. Now, the developer can say ill the things he wants about that won't happen, but that's -- Anything can happen in development, and all kinds of those processes go on. And what the City Attorney and the staff is saying is that the City has to have some protection against all of the liens that could potentially get placed on that property once you turn the developer loose. And once you turn them loose, we have limited control. And that's a real issue. And it is -- it's bonding and it's insurance:. And if the developer can't afford bonding and insurance on this project, from illy viewpoint, this developer -- and no offense here - - but this developer, if they don't have real cash to dig out of their pocket to pay for these kinds of incidentals as they go, we should never, ever he turning our land over to that developer, because -- you were out when i said this -- in the development world, there's always a million problems. And this is a big, big project. This is thirty, forty million dollar ($40,000,000) project. Mr. David: Forty -mo million. Commissioner Winton: There you go. So that's a lot of money. And at every turn, there's going to be some ne%w issue that comes up out there, and you only solve it with one thing, and that's money. And it ain't going to come back from us. Ms. Warren: Staff's recommendation is that the insurance be paid out of the price of the land, as well as --- no'? That's what the paper says, that it be charged -- I understand what your issue is. But again, just the -- to t'oeus in on what our concerts were with the lease. 166 July 26, 2001 O Commissioner Winton: Have we reviewed the cnthe financials on the developer and know that we've got it developer that's substantial enough to get a forty million dollar ($40,000,000) project done'? Ms. Bianchino: Commissioner, if we could go back one second. 1 know you referred to me this morning. Unfortunately, I wasn't hcre. Why Commissioner Regalado and I did not agree on this was because we felt that we shouldn't turn over the land to the devcloper until financing was in place. Now, we've been asked to turn the land over to the developer before financing is in place. And we've been trying to come up with sonic safeguards here. But under a normal situation, we would not -- we wouldn't do that. We would wait till they had their financing in place. And it -- Commissioner Winton: But it isn't -- I'm not talking about just the financing. Vice Chairnnan Gort: No. Commissioner Winton: This isn't about financing. This is about equity, because it lender is only going to give you a finite amount of money. What the lender makes a commitment to is all the lender's going to provide. And the lender isn't going to give you all the money for every little thing you need to spend money on. And i f the developer doesn't have money of his own, it ain't going to happen. it's that simple. This isn't new science. It's the way the development process works. So my question is -- and again, this is no offense. I mean this is -- we've got to protect the City's interest. And I just want to know if we've looked -- if we've thoroughly reviewed the developer's financial package to determine what the developer's net worth is, how much readily available cast: the developer has to solve these kinds of incidentals as they go forward. Ms. Rodriguez: No, we haven't. And aguin, mentioning what i mentioned this morning, on the prior resolution, which was one of their concerns was, Ms. Bianchino had brought up to your attention that the transfer of land would he at the same time that the lull financing would be in place, which that has been some of tine problems that they've had from the beginning. But, no, we have not seen the Imancials. Commissioncr Winton: Well, i don't see how we can transfer this land, given this situation, until You know, I'm not necessarily opposed to making an exception to a rule in terms of land transfer prior to financial commitment, if I know that I'm dealing with a very suhstantial developer that can come to the table and solve problems as we go along. But if we've got a developer that can't afford live thousand dollars ($5,000) worth of insurance on a forty million dollar ($40,000,0110) deal, I'm telling you, the deal -- That development will never get done. Won't happen. So Commissioner Regalado, I'm -- Commissioner Regalado: 1 think, you know, their problem for the tinancia! is the fact that they don't have the land. 1 think it's only fair that they buy the insur.utce. I think you're right on that. And I don't see why not. They have spent a lot of money. We -- Commissioner Winton: Twenty-five thousand dollars (S25,000). 167 July 26, 2001 1I6IMKI • 0 Commissioner Regalado: No, I mean -- Commissioner Winton: That's not money. That's nothing in a forty million dollar ($40,000,000) development. Commissioner Rcgalado: No, no. We -- Johnny, we give for administration to some of these agencies fifty thousand every year. So, 1 mean, it's only fair that we say that they have spent some money. And I think that -- I don't know if -- The only problem here seems to be an insurance, which -- Mr. David: Let's get it. Commissioner Winton: No, it is not, Commissioner Regalado. And let me say this again. Commissioner Regalado: The insurance to protect the City on the cleanup. That's all I'm saying. Commissioner Winton: No, it isn't the only problem. it's the first of what's going to be in the future a whole series ofproblems. No lender is going to give them a hundred percent of the cost of long this deal. A lender is going to say, "Here's all the money you're going to bet." But there's going to be along the way additional costs that pop up. And the lender isn't going to come back to the table and say, "Well, it's another -- this little problem -solving deal is fitly thousand dollars ($50,000), so we're going to give you another fifty. This next problem -solving deal is twenty-five thousand dollars ($25,000). We're going to give you another twenty-five." It ain't going to happen. The lender says, "I ere's your money. This is what my commitment is. You solve that fifty thousand dollar ($50,000) problem. You solve that twenty-five thousand dollar ($25,000) problem. You solve that seventy-five thousand dollar (575,000) problem." And the developer's got to have sonic money in a forty million dollar ($40,000,1100) deal. Commissioner Sanchez: Are you going to get additional funding'? Commissioner Winton: You cannot do a forty million dollar ($40,000,040) deal without equity. Vice Chairman Gort: Are you going to have a hundred percent finance? Mr. David: Commissioner, we've already worked a hundred percent financing. We spoke now with Housing Finance Authority, They understand that we're going to be presenting to them for the bonds, and then this other hank is going to assume the bonds. We're going to go to Dade County for CDBG (Community Development Block Grunt) funds. We've done three years Nvonh of homework on this. We don't want to turn over our homes and our livelihood, because Nve foreclosed on a million dollars ($1,000,000), believe me. I've seen developers Nvith less than a hundred thousand dollars ($100,000) leave the projects. I mean, just because they put a hundred thousand or ten thousand, they can all walk out at whatever time they want. I think if we're committed to do it, we wouldn't be here. 168 July 26, 2001 Commissioner Winton: But it isn't my point. My point is you, as the developer, having the wherewithal to solve problems as you're going along. And that's my great concenl here. And I'm not -- I didn't -- Frankly, 1 was in favor of this when this whole process started. But as I get into the -- you know, thinking about the real details, that's the reason I started asking these questions. But without any equity in your pocket to solve problems as we go, you're putting yourself at great, great risk, and you're putting the City at great risk. Arid that, you know, I -- Mr. David: Commissioner, there's a clause on all these agreements that within 24 months, ifthe Building permit hasn't been acquired, the property is supposed to revert back to the City. Whatever money we spent, whatever time we spent, you know, the City pretty much hasn't done Vice Chairman Gort: Well, what the City wants to make sure is there's no lien on the property when the City gets it back, and that's why they're asking for the insurance, so that would not take place. Commissioner Winton: Until I see the financials of the developer- to understand what their financial wherewithal is, 1 can't, in good conscience, support transfening this land. Evcn if we have the bonding and the insurance, I couldn't, in good conscience, support transferring title to this land to the developer until we've seen what the financial wherewithal of that developer is. So until that comes, you know, I couldn't support this. Vice Chairman Gort: Yes, ma'am. Ms. Warren: Again, I'm assuming that we'll get the financials and be able to present those to the Commission. We have a few other issues that perhaps if we resolve them now, then we won't have to deal with them at another time period, Vice Chairman Gori: OK, Go right ahead. Ms. Warren: And one of them is that the contract requires that -- we're requesting that they commence construction within 24 months of closing on the property, and that they would have a four-year construction time. And what we would like is the definition in the contract to be the commencement of construction should he the issuance of a building permit and not -- Commissioner Winton: You know what I'd like to see here, where I think it could work? 1 think you all need to go out and find a ,joint venture developer that has sonic money, and you bring somebody else to the table that's got some money that can help solve some of these problems, and you all can make some money, and they can make some money, the City gets secure. We're all going to feel more comfortable that the deal is going to get done. And I'm telling you guys flat out, flat out, you all having no money -- I mean, that sounds like that's what you really have, is no money -- to do this deal in a forty million dollar ($40,000,000) transaction, the cow, is going to jump over the moon before this deal gets done, when you've got a developer that doesn't have any money on a forty million dollar ($40,000,000) transaction. Go find yourself a joint venture developer, come back to us and let us get this land going. 169 July 26, 2001 Mr. David: Commissioner, this is not our first development, you know. Wc've been doing work for awhile. Mr. Gonzalez: Another issue is to find a developer that -- to go into a joint venture, we already had a proposal to do that. But the developer doesn't want to develop homeownership. They want to develop rental, because that's where the money is. And they don't want to waste their time and effort to, you know, come out of -- without no money or no big gains. 1 can't understand what's happening with this project, to be honest with you, because I've been working on a CBO (Community Based Organization) for 12 years, all right? I've been before this body many, many tirncs. And I havc seen many, many, many lots of land given free, given free to not - for -profits to develop housing„ and particularly in this case, in this piece of land. And those developers have been given iands that have been cleaned, that haven't had any pollution, any contaminations, any problems. This group been asking to buy this piece of land, and it was agreed that they were going to buy it for a million, forty-five, that they were going to pay the clean up of the land, and they were going to have ownership of the land. And from there on, once they have ownership of the land, whatever liabilities, or whatever happened with that project, it's their responsibility. 1t won't be the City's responsibility, because you don't own the land anymore. Commissioner Winton: It will if it reverts back to us. It could bell huge liability. Mr. Gonzalez: if they don't pay. But -- Commissioner Winton: In fact, if we transfer title of the land to this developer, Angel, this developer could encumber this land any way they want, because it's outside our control. They could put all kinds of encumbrances on this land, walk away from the deal at the end of the day, and the City could have a liability that could be three million dollars (S3,000,000). Mr. Gon%elez: Well, 111 some points. I tend to agree with you, but you know, we have to come to a conclusion. i've been three and a half years coming before this Commission to gain -- not to get what other people get, OK? And to nue, let me tell you, something is wrong in here. Something smells had. To me, something smells bad. And I happen to talk very clear. On all my issues. I lend to be very clear when 1 spoke. And I'm very outspoken. That's the reason why sometimes, I get into many troubles. But to me, this is discriminatory that you give a piece of land to other people -- Commissioner Winton: I haven't given a piece of land to anybody, Angel. Mr. Gonzalez: -- and there are so many obstacles put into these people project. I mean, there's got to be something wrong. Commissioner Winton: Well, by the way, there's been 20 years of baloney going on in this City. And, Angel, if that's what you're suggesting that the City ought to do, is take a blind eye and just accept it, because peuple have done things crazy t'or 20 years that we ought to do it again, I'm sorry, that's not the reason 1 got elected. 170 July 26, 2001 Mr. Gonzalez: No. To -- no, that's not what I'm saying. What I'm saying is exactly what was agreed here. Commissioner Winton: And if you think it smells bad, I'm not doing anything that smells had. I'm asking questions that seem to me to be very logical. Mr. Gonzalez: Commissioner -- Commissioner Winton: And my job is to protect the interests ol'this City. Mr. Gonzalez: 1 know that. But let me toll you something. Before -- Commissioner Winton: So how does that smell bad, Angel? Mr. Gonzalez: Before you became a Commissioner, we started dealing with this project. You were not even sitting in that chair. It's been three and a half ,years. Commissioner Winton: But 1 do sit here now. Mr. Gonzalez: And, now, at the end -- Commissioner Winton: And I do have a fiduciary responsibility, as a City Commissioner, to ask these kinds of questions today, because I do sit here. Mr. Gonzalez: I agree with you a hundred percent. I agree with you a hundred percent. But the• thing is that we should try to find a solution to get this deal through, to bet this project through. Commissioner Winton: Get the financials to the City staff Vice Chairman Gort Angel, Angel, the point that he's bringing up is the insurance to protect the City, and present your financial package. You say you have a hundred percent finance. Present that to the City, and we can make a motion subject to that, those two items. For you to get the insurance -- Commissioner Rcyalado: Mr, Chairman -- Vice Chairman Gort: Yes, sir. Commissioner Regalado: -- I was going to suggest that. We make a motion subject to, you know, the financial information, and the insurance, and then you don't have to cone back here anymore. And then as long as it's resolved, you know, you just go ahead and get the land and whatever. These are the two issues that you are relcn•ing. Commissioner Winton: It's the -- solving the short-term problem, relative to the ability to make sure that we don't end up with new liabilities. And tite second part of it, Commissioner Regalado, if you don't mind me saying here, is that I think that the City administration needs to 171 July 26, 2001 �Trr� review the financial statements of the developer to make sure that the developer has the financial wherewithal to carry out a forty-two million dollar ($42,000,000) development project. And if the City administration determines that they have the financial wherewithal to move forward with this project, then I don't have a problem taking this kind of leap, if we can get the protections we need through bonding and insurance. Ms. Warren: And again, one of our concenrs is thut u building permit constitutes the commencement of construction. We've had issues before with the definition of "commencement of construction" that has cost us dearly. And we would like to cement that in the contract as being; a building pcnnit. Commissioncr Winton: OK. Commissioner Regalado: So? Vice Chairman Gort: Commissioner Regalado, would you like to make the motion? Commissioner Regalado: OK. That would be the motion. Vice Chairman Gori: OK. There's been a motion. Is there a second? Commissioncr Winton: I'll second it. Vice Chairman Gort: Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. Vice Chairman Gort: Thank you. Mr. David: Thank you. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO, 01-777 A MOTION CONDITIONALLY APPROVING THE SALE OF PROPERTY LOCATED AT 1700 N.W. 14 AVENUE TO THE' mETROIMIAMI COMMUNITY DEVELOPMENT CORPORATION TO DEVELOP A 436- UNIT AFFORDAHLF HOMEOWNERSHIP PROJECT, SUBJECT TO THE FOLLOWING: I) ASSURANCE. THAT THE DEVHLOi'F.R OF SAID PROJECT HAS THE FINANCIAL WHEREWITHAL TO PROCEED WITH SAME' WITHOUT THE CITY INCURRING ANY LIABILITY ICOR SAID PROJECT, AND 2) SAID DEVELOPER HAS APPROPRIATE BONDING AND 1NSURANCF RliQUIREMENTS. 172 July 26, 2001 i 9 i catdad by Cammiesicynor Vi► tttnn, Cita motion was pasted aQd adopt tho a s ►"� '' �Y �'�� t6�cr Tomas Regalado k � door hoc Sa�abez iisionar Arthur 8. Taalc,I+ ma ) yr s '`ij�►mymt�sioncr J'�othnwny..L./�V�tntott R:�Io Chairman 1' jfiWQ'W�:i 3�k9 S 43, TABLED: PROPOSED AMENDMENT OF ANNUAL APPROPRIATIONS ORDINANCE TO ESTABLISH CAPITAL IMPROVEMENT PROJECT ENTITLED "FLAGLER STREET l _MARKETPLACE" (See it's 32 and 78)__ - Commissioner Rcgalado: We missed one when Commissioner Teele was at the MPU (Metropolitan Planning Organisation) meeting. Did we defer that? Vice Chainnan Gort: Yes. Let's go back to those items. Finance. Ms. Haskins`' We are at Item -- Walter hnoman (City Clerk): Sixteen. Vice Chairman Gort: -- 16? Carlos Gimenez (City Manager): Yes, sir. We'll get her. Linda Haskins: Item 10? Linda l laskins, Director of Management and Budget. This ordinance is amending the annual appropriations ordinance to establish a now C1P (Capital Itnproventents Project) project for Flagler Street Markelplace. It's allocating one point six million dollars (Sl,600,000) to this project f'or construction -- for the lighting along the Flagler Street Corridor. The source of funding are 1998 98 highway honds, interest on those bonds, and a small portion is conning from CDBG (Community Development Bleck Grant) money. There are two amendments that we need to read into the record related to this ordinance. Rased on the settlement with Ric -Man International for the Watson Island Sanitary Sewer Projecl, it is necessary to appropriate an additional eight hundred and forty-two thousand, one hundred dollars ($842,100) from 1995 sanitary sewer bonds to Capital Proicet Number 351283, entitled "Watson Island Sanitary Sewers," thereby increasing the total appropriation for the project from four million to four million, eight forty-two, one hundred thousand. Additionally, as a result of the Commission's actions this morning, to swap out live hundred thousand dollars ($500,000) of CDBG program income far five hundred thousand dollars ($5011,1100) of HOPWA (Housing Opportunities for Persons Willi AIDS) funds previously allocated to the community redevelopment arca, it is necessary to amend the Community Development budget to reflect an increase in revenues of five hundred thousand dollars (5500,000) to highly -nine million, one thirty-five, five ninety-seven, and an increase in Community Development's total appropriation, an increase of five hundred thousand, from eighty-eight million, six hundred and thirty-five, five ninety-seven -- I mean five seventy-nine to eighty-nine million, one thirty -live, five seventy- nine. Commissioner Teele: Madam Director. Ms. Haskins: Yes. Commissioner Teele: Why would a swap of funds increase? Why wouldn't it -- I know it's a dunib yucstion. Ms. I laskins: It's not. mli�jttsy 174 July 26, 2001 Commissioner Tcule: And I apologize that 1 didn't ask in advance, because I don't know the answer. But why wouldn't a swap be revenue neutral? 1 realize it's different categories. But the total -- when you talk about the total appropriation to that agency -- I'm speaking now about the appropriation to the agency. Why wouldn't that be revenue neutral? Ms. Haskins: Because it's program income. So what it does, it increases the total income to CD (Community Develupment). We're show -- to Community Development. So we're now showing the program inconu in the revenue line, and then we show the expense in their expense line, and their budget is still balanced. Commissioner Teele: But you're also taking out five hundred thousand. Ms. Haskins: That's correct. And that's in the expense line, showing it going out to you. Commissioner Teele: So it's not revenue neutral'! Ms. Haskins: It's revenue -- it's net neutral. It's net neutral. But it just grosses up revenue and grosses up expenses by the five hundred thousand. Commissioner Teele: Explain it to me sonic time when -- Ms. Haskins: OK. I'm sorry. It's "accounting-cso," Commissioner Winton: Move it. Commissioner Teele: Second. Vice Chairman Gert: Is there any further discussion? Being none, all in favor state it by saying ` The Commission (Collectively): Aye. Vice Chairman Gort: Thank you, ma'am. Mr. Foeman: It's an emergency ordinance. Commissioner Winton: Oh, ordinance. Vice Chairman Gort: Oh, an emergency ordinance. Oh, OK. Alejandro Vilarello (City Attorney): And this last change to Community Development requires a caption change, which I don't have. No, an additional caption change. Vice Chairman Cort: You know, our lunch is going to he tomorrow, OK? 175 ,July 26, 2001 mt�� Mr. Vilarello: It's an additional caption change. i., k Commissioner Winton: So what does that mean?Fz rt F 2; s tx k*� x� x Commissioner 'Goole: Just read it. Ns Mr. Vilarello: It's referring to certain accounts that 1 do r have ihc�se itttilini lent: re t,� Commissioner Winton: So you can't road the ordinattoe7 , ., Mr. Vilarcllo: So I can't read it. t 7 Commissioner Winton: So we defer this for a litdc while? �� t % Vice Chairman Gort: You get the numbers and we 11 defer it for a wbila ay i Commissioner Winton: What was that lunch deal? 3 21gft for the R_ ecord: item 16 was deferred until later in the meeting. ji Ai y� § F 14t,F t %w ,.!`� 5• ag, it.rh C;' �b xr ctXar xr k2" �.a �• �, .a• d M,vq i "h� '� $ sa +i ��,kk' ,� tt rr+- k .a.'*t +�s,- h '" �^' a W �'' ? 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'"ag U q�r�l �tfPtit4fk s7w g}f�f�a'v�FEl,6� r"N u f p�hs jb x -C s !'� r ✓- ".m+ Ir wo, . ,r :: ,qa�� �f�yrb ^�'td�kTi.......�Xi'r .�gk.iS i ip W,..(sr'x i {r uy 176 July 26, 2001 44 (A) APPROVE, IN PRINCIPLE, NEGOTIATED AGREEMENT RELATED TO RACEWORKS, LLC, CITY AND BAYFRONT PARK MANAGEMENT TRUST FOR RACE/MOTOR' SPORTS EVENTS BAYFRONT PARK AND DOWNTOWN MiAMI (See #1 and 7). (B) DIRECT CITY ATTORNEY TO PREPARE APPROPRIATE DOCUMENTATION. FOR SPECIAL CITY COMMISSION MEETING REGARDING (1-) PROPOSED AMENDMENTS TO REFORM AND UPDATE CITY'S CHARTER, (2) DRAFT' LEGISLATION IN CONNECTION WITH PROPOSED SPECIAL ELECTION FOR PLACEMENT OF CHARTER AMENDMENT ISSUE BEFORE VOTERS WHICH WOULD ESTABLISH CITIZENS' INVESTIGATIVE PANEL, (3) PROPOSED AGREEMENT,' INI PRINCIPLE BETWEEN RACEWORKS, LLC, BAYFRONT PARK MANAGEMENT TRUST AND CITY REGARDING RACING/MOTOR SPORTS EVENT AT BAYFRONT PARK IN DOWNTOWN MIAMI, Commissioner Tecle: Were we going to do something at live o'clock, any way? Well, half of the people who are on this are "Gucci -int;" up over at Miami -Dade County on the south tenninal. So, l think we ought to be right on time to take this thing lip. Commissioner Winton: So, there will he a Gucci run from -- Commissioner Teele: The traffic -- it takes 20 minutes to get from County Hall to City Hall, so those guys are going to really be in the traffic. Vice Chairman Gort: You want to take that up now? Commissioner Winton: Why not. Commissioner Sanchez: It's 5 -- Time certain, 5 o'clock. Vice Chainnan Gort: That's item -- Commissioner ,Sanchez: That's item 7? 11. Commissioner Regaludo: So this is -- Carlos Gimenez (City Manager): We've been negotiating up to the last minute. Commissioner Regulado: Well, Mr. -- Vice Chairman Gort: Item 11. Commissioner Ret alado: -• Mr. City Attorney? Hello? Alejandro Vilarcllo (City Attorney): Yes, sir. 177 July 26, 2001 6116WAMI • 0 Commissioner Regulado: On the resolution that we approved, directing the Manager to meet and come; back, didn't we say five days before any vote or discussion, this has to be posted or given to the public? Mr. Vilarello: i believe that the City Commission indicated that the contract would be posted on the website at least fivc days in advance of your consideration of the item. Commissioner Regulado: But we don't -- Mr. Vilarello: Commissioner. I -- Vice Chairman Gurt: It's up to this Commission. Mr. Vilarello: I believe there were meetings from the last -- from your direction, all the way till - - through as late as 11:30, 12 o'clock last night, addressing it. So there wasn't a document ready five days before the meeting, but that's -- Commissioner Tecle: Well, 1 have a problem mdlh that. I do. i mean, you know, part of the problem with this City is that no one has ever been serious about time lines as it relates to financial documents. And so everybody conies in at the last minute with a document. We said that -- 1 don't know if the -- anybody's bot any rights other than the Commission on this. 1 don't think the public has an absolute right. Didn't someone file a lawsuit about this'' Mr. Vilarello: There was a public records lawsuit filed today. I'm not aware of any further action on that, and 1'nt not particularly concerned about the merits of that. claim. But, Commissioner, the live -day rule is a rule for the City Commission. Commissioner Teele : Well, yeah, but they can't -- no one can exercise our rights but the five Commissioners here. Mr. Vilarello: That's a rule as amongst colleagues. Commissioner Teele: Well, 1 would like to query Commissioner Winton, because 1 heard it very nasty and distasteful rumor that you may be considering requesting a special Commission meeting to consider Charter amendments, because of the -- Vice Chairman Gott: We are. Commissioner Teele: -- calendar and the chart -- existing Charter on how fast, and how long, and when we can have meetings, and when you back out the vetoes -- is Johnny here? Oh, I'm sorry. I apologize. 1 was -- 1 only said that I've heard a very nasty and distasteful rumor that you're considering calling for a special Commission meeting in August for the purpose of adjusting the Charter resolutions to be consistent with our Charter, which requires certain time lines which really put us, tui fortunately, into the August time frame. And if you are going to -- Commissioner Winton: It isn't a nasty tumor. 178 July 26, 2001 i Commissioner Teele: It isn't? Commissioner Regalado: It's true. Commissioner Winton: It is the truth. Commissioner Sanchez: The truth. Commissioner Teele: Well, would you just -- Commissioner Winton: And my apologies. It just took us longer than --I've never been through a more torturous process. And thank you all for drafting me. Maybe never again. Vice Chairman Gort: You got the experience. What do you think? Commissioner Sanchez: Somebody's got to do it. Commissioner Tcc1c: We all appreciate what you're doing, too. Nobody volunteered. But, Commissioner, if you are going -- has that been put in writing anywhere? Commissioner Winton: I think so. Did we -- It's August 91h, right? Walter Foeman (City Clerk): Yes. I've received one memo from you requesting August 0. I need two more from the Commission. Commissioner Winton: Oh. Mr. Vilarello: You can do it today. Commissioner Tecic: Well, what -- wait, wait, wait. What 1 would like to do at the appropriate time, because I know where we're all going, I would like to move that there be a special Commission meeting or second Commissioner Winton's motion that there be a special Commission meeting on August 9`h to take up Charter issues, or whatever the matter is that you've stated. Vice Chairman Gort: Charter. Commissioner Tecle: And to confirm whatever contract we negotiate today. Commissioner Sanchez: Second. Commissioner Teele: Relating to the -- Commissioner Winton: Race. 179 July 26, 2001 Commissioner Teele: -- the race. Vice Chairman Gort: Oh. There's a motion. Commissioner Teele: Because I can see this thing getting positioned for lawyers to argue about something that really didn't exist. And I feel that we should make a final agreement, right here today, and then let's post that agreement and subject to a review or revision, and give everybody, the Oversight Board, everybody that needs to or would like to, an opportunity to consider this. And 1 would hope that -- So i would like the City Attorney to draw up that resolution in writing, so that we can properly make it, and move it and second it by Commissioner Winton, with me seconding it, so that there can be no question, because this is u matter that should have written specificity as it relates to both the Charter issues and as it relates to this other issue. Vice Chairman Gort: So, you're making a motion. There's a second? Commissioner Sanchez: I second it. Commissioner Winton: Yes. Vice Chairman Gort: Is there any further discussion? Mr. Vilarello: Mr. Chairman? Commissioner Teele: Well, what I'm asking for -- Vice Chainnan Gort: For the resolution. Commissioner Teele: -- is to defer it for the time being, and let the Attorney write it up, so that it can be a part of a written record. Mr. Vilarello: Mr. Chainnan, would the City Commission consider -- you've also directed us to prepare a Charter question with regard to the citizens investigatory panel. It has the time constraints that the Charter Review Committee has. Vice Chairman Gort: Definitely (inaudible). Mr. Vilarello: Perhaps to he considered it at that time. Commissioner Teele: All three items -- Vice Chairman Gort: All three items. Commissioner Tecle: But with the race item being the last item. Mr. Vilarello: Yes, sir. 180 July 26, 2001 mr�rer� - • Commissioner Winton: So let me -- You said something there at the very end that I just want to make sure that I'm clear in terms of what you're doing as it relates to race. Your comment about race is that -- is that the final document isn't going to be -- obviously, the final document is not going to be ready today and we're going to have to ratify -- not "ratify," We're going to have to approve the final document, and you're suggesting that that final document contract, we take up on the 9'h? Commissioner Sanchez: On the 9". Commissioner Teele: What I'm suggesting -- i am, but what I'm suggesting is that we proceeded today with a frill understanding that, as far as I'm concerned, that on the 0, that will be a -- Commissioner Winton: Right. I'm with you. Got it. Commissioner Tecic: -- planted tree kind of discussion, where we all just sort of sign off of what we've agreed on today. Commissioner Regalado: But what you're saying is that we make a decision today, whether we approve the races or not? We vote on it. 'That's what you're saying. Commissioner Tccle: I'm sa' , that we, "A," determine whether we want the race, yes and no, or not. And "K," we vote on the terns of the race and we -- obviously, there's going to be some discussion or a lot of discussion, but I'm trying to just sort of cut through lawsuits about not having time. And that way, everybody will have notice as of today as to what it is, and hopefully, we will come back on the 9"i and merely -- Commissioner Winton: Do the final vote. Commissioner Tecle: Well, we would consider and ratify the final action, along with the other two referendum items. is that -- Vice Chairman Gort: OK. You've got your resolutions. Once you have them .ready, let us know, OK? Mr. Vilarcllo: Yes, sir. Commissioner Sanchez: I'll second it with all the amendments. Second the -- Vice Chairman Gort: Well, they have to bring it hack. Commissioner Sanchez: Yeah, Vice Chairman Gort: OK. We don't take a vote now. Item 26. Commissioner Winton: We don't have to vote on that? 181 July 26, 2001 0 • Commissioner Tecle: Well, what we're going to do is let the Attorney draw it up and write it up, so that we have something before tis. Vice Chairman Gort: Right. OK. Commissioner Teele: Because Charter -- we've had serious litigation on lawsuits in the past over whether or not the Commission properly called the meeting to adopt the Charter amendments. I mean, so, we have to make -- everything needs to be done with specificity and sonic degree of consideration by the City Attorney in doing that. That needs to be a part of a written record. Commissioner Regalado: So while the attorney writes that, is the Manager going to tell us -- because I don't know anything about this contract. 1 mean, we're talking here about contracts. Vice Chairman Cort: 'they're going to tell us everything. While lie's writing it down, let's go into other items. We have a long, long -- a lot of items in here. Commissioner Teele: Mr. Chairman? Vice Chainnan Gort: We'll bring it back. Yes, sir. Commissioner Teele: i would recommend this, because we need to build a record here. I would recormnend that Commissioner Sanchez be recognized for the purpose of making a motion accepting the Bayfront 'frust recommendation that the City of Miami support the race, subject to a resolution to be subsequently voted on. But I think we need a "yes" and "no," do we want the race or not. Vice Chairman Gori: Commissioner Sanchez Commissioner Sanchez: Well, it's -- the Trust has so voted five to one to support the race, and with the conditions pertaining to Bayfront Park. So the message is clear, passed on to the Commission, and 1 don't think -- if it requires a vote, I'll he more than glad to make the motion that you suggested. Coin inissioner Tecic: l would like to. Commissioner Sanchez: So I do move that motion. Commissioner Teele: I would second the motion. Vice Chairman Gort: It's a motion and a second. Commissioner Regalado: Discussion. Vice Chairman Gort: Discussion. 182 July 26, 2001 Commissioner Regalado: My problem is, how can I vote if i don't know the second component of the Bayfront Trusty I mean -- Commissioner Teelc: Well, some of us may vote no if we get down to the deal. Commissioner Regalado: That's what I'm saying. I cannot vote with -- Commissioner Tecle: It's a motion in principle. Commissioner Sanchez: it's a motion in principle, but I can put on the record exactly what the Park Trust will be getting out of this. it's fitly thousand dollars ($50,000) in rent and a dollar per ticket surcharge per event. And that goes up as the years go by. And maybe -- Mr, Manager -- or is the Executive Director from Bayfront Park litre? Commissioner Regalado: Commissioner is the Trust paying for the infrastructure? Commissioner Sanchez: Jay. Jay Constant•r: Jay Constantz, Executive Director of Bayfront Park Management Trust. The `frust will be receiving a rent of fifty thousand dollars ($50,000) per year, plus four •- CPI (Consumer Pricing Index) for each year alter that, in addition capped at four percent, plus a per ticket facility fee, at an escalating scale tip to two dollars ($2) -- cupped at two dollars ($2). Commissioner Regalado: And is the Trust going to pay for any improvement on the infrastructure inside Bayfront Trust? I understand it's about two hundred thousand dollars (S200,000). Mr. Constantz: There will be about three hundred and thirty thousand dollars ($330,000) of improvements inside the park. Three hundred and thirty to four hundred thousand as I understand it. And those costs will be borne by the promoter. Commissioner Sanchez: Not the Trust. Mr. Constantz: Not by the 'frust, not by the City. Commissioner Regalado: So the promoter will be doing the improvement inside Bayfront Trust? Mr. Constantz: 1'hc City will be doing the improvements through City contracts. The City will then be reimbursed by the promoter for those expenses. Commissioner Regalado: Do you know when'? Mr. Constantz: When they'll be reimbursed? Commissioner Regalado: Yes. 183 July 26, 2001 II1D1f[!I. Commissioner Teele: Yes, sir. Mr. Constwttz: On an invoice, monthly basis. Commissioner Teelc: Well, I would just like to call a point of order, bocause 1 think the real issue that we're talking about now is conceptually, do we support this? And I'm not -- I'm not prepared to vote on each and every tcrnt at this point, because t think we ought to hear from the Manager on what the terns are. But I think we need to determine, are we conceptually for this race or not? Because I've heard all sorts of -- Commission -- Mr. Attorney. Mr. Vilarello: Exactly, Commissioncr. I think you need to discuss the terms and conditions. You've decided to call at special meeting on August 9"'. Tttat is when you will make your decision to enter into the agreement or not. Commissioner Teele: No, no. Vice Chainnan Gort: No. no. Commissioner Teele: No. I'm going -- we're going to -- as far as I'm concerned, we're going to go through every term and condition today. But what I think we need to determine, are there four, or rive or three of us for this race? Without regard to what the terns and conditions are, are we conceptually for having a race in downtown? Commissioner Winton: Which is the motion that's on the floor, right? Commissioncr Teelc: Which is the motion that's on the floor. Vice Chairman Gort: That's the motion on the floor. The details of the contract, we might not vote for later on. Commissioner Winton: Call the question. Commissioncr Teele: With the details of the contract, l may not vote for it. Vice Chairman Gott: Right. Commissioner Winton: Call the question. Vice Chairman Gort: OK. All in favor state by saying "aye." Commissioner Regalado: No. Vice Chainnan Gort: Thank you. Commissioner Regalado: One "no," because I don't know what's going on. 184 July 26, 2001 E The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 01-778 A MOTION DIRECTING THF CITY ATTORNEY TO PREPARE APPROPRIATE DOCUMENTATION FOR A SPECIAL CITY COMMISSION MEETING TO BE HELD ON AUGUST 9TH, 2001 REGARDING (1) PROPOSED AMENDMENTS '1'0 REFORM AND UPDATE THE CITY'S CHARTER, (2) DRAFT LEGISLATION IN CONNECTION WITH A PROPOSED SPECIAL. F.I.F.CTION FOR PLACFML:NT OF A CHARTER AMENDMENT ISSUE BEFORE THE VOTERS WHICH W013LD CREATE AND ESTABLISH A CITIZENS' INVESTIGATIVE. PANEL, (3) PROPOSED AGREEMENT, IN PRINCIPLE (ACCE-PTING BAYFRONT' PARK'S RECOMMENDATIONS CONCERNING $50,000 FOR RENT ANNUALLY; THE ONE DOLLAR TICKET SURCHARGE, INCLUDING CONSIDERATION FOR THE CONSUMER PRICE INDEX ("CPI") AFTER THIS WHICH WILL BE CAPPED FOR RENT PAYMENTS TO BE MADE TO THE, TRUST, THE TERMS OF SAID AGREEMENT ON TINS DATE BETWEEN RACEWORKS, LLC, BAYFRONT PARK MANAGEMENI' TRUST AND THF. CITY OFMIAMI REGARDING THE RACING/MOTOR SPORTS EVENT AT BAYFRONT PARK IN DOWNTOWN MIAMI; FURTHER REQ1JESTrNG A WRITTEN RECORD OF SAME BE DRAWN UP BY THE CITY ATTORNEY. Upon being seconded by Commissioner Teelc, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifiedo Gurt Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: Commissioner Tomas Regalado ABSENT: None Vice Chairman Gort: He's to create a resolution to conic back -- this is what the motion is. Commissioner Teele would like to see a written resolution stating what we just stated. The comments that are made. (INAUDIBLE COMMENTS) Vice Chairman Gort: Right. So it's being prepared. So let's go to item 26. 185 July 26, 2001 �nra�: Commissioner Tcele: Mr. Chairman, what I would like to do now is go -- let the Manager present each of the terms of the contract -- Vice Chairman Gort: Before -- I thought you were going to wait until the resolution was in writing and it was -- C'ommissioner Tecle: No. That resolution is simply to call a special Commission meeting un -- Commissioner Winton: On the 9'1 . Vice Chairman Gori: August 9"'. Commissioner ]'cele: Oil 'Thursday, August 9th, at a time and place and all of that, to deal with the Charter reform issues, the Citizens Review Panel, and also the matter relating to the race. Vice Chairman Gort: OK. Commissioner Teele: Terms and conditions. Vice Chairman Gort: So do you all have a copy of the -- Final decision will not be taken until the 9`+', so everybody will have plenty of time to look at it. Thank you. Go ahead. Mr. Carlos: Yes. Mr. Chairman, members of the Commission, let me first apologize for not putting -- giving this to you earlier, but quite literally, we had nothing to give you, because we had not reached an agreement until today. So this is the -- the sheet you have in front of you is what -- Commissioner Sanchez: The final? Mr. Gimenez: The final. Commissioner Sanchez: This is the final, now'? Mr. Gimenez: This is what we -- you know, I'm recommending to you. It's not the final. You all have the right to change these terms, if you want. ]'his is what I'm recommending. And simply, is the -- that Raceworks will be responsible for all the services, which include Fire, Police, and Solid Waste, and will provide sufficient security to ensure payment in a form acceptable to the City Manager. Commissioner Sanchez: Can with you we put an amount on that, an estimated amount? Mr. Gimencz: The estimated amount that we have for the services are somewhere in the vicinity of three hundred thousand dollars ($300,000). Whatever it is, Raceworks will pay. The City will use its hest eftbrts to locate and provide property for the storage of the barricades. The permit for storage, labor, racetrack equipment and barricades, the proximate value Indy be around fitly thousand per year, and it will be issued through a 30 -day revocable permit. But that's -- the 186 July 26, 2001 L�-- — - — IDItr)i[�s 0 • City's making its hest efforts ]'here is to he a maximum of two race events per year. 15 -year tern of license, plus 10 year option, at the licensee's option. The staging for the event will occur 45 days prior to the first race event date, and 30 days after the last race event date. Raceworks will pay the City fifly thousand dollars ($50,000) in rent fir the use, per event, plus an annual adjustment tied to the CPI and capped at lour percent. There's a one -dollar ($1) ticket fee for years one through five; n dollar twenty-five ($1.25) for years six thrOUgh ten; a dollar fitly (SI.50) for years I1 through 15; it dollar severity -live ($1.75) for years 16 through 20; two dollars ('$2) per ticket from years 21 through 25. Raceworks will be fully responsible for the payment of infrastnfcture improvements, maintenance and future modifications. All modifications have to he approved by the City !Manager. The City will invoice Raceworks, 1.1.0 (Limited Liability Company) for the cost of street improvcmcnls on a monthly basis. In the event other racing events are licensed in the City, which use that racetrack, the City shall reimburse Raceworks seventy-five thousand dollars ($75,00) per race event. In essence, they're agreeing the racetrack, if some other entity conies in to use the racetrack, they want to be compensated for that. If Raceworks, LLC relocates the race, the City will receive full payment of costs incun'ed by the City for storage, since the race inception, plus an annual interest rate of seven and a half percent per annum for the 1'611 -- and the full value of the City's expenditures, plus any and all outstanding monies due to the City of Miami and the Miami Bayfront Park Trust. Also, the name, " 'liami" will not he used by Raceworks with any City that's not within the City of ,Banti. Bayfront Park Trust will receive filly thousand dollars (550,000) -- sorry. Use. Bayfluat Park Trust will receive fifty thousand dollars (550,000) in rent for usc; one dollur ($1) ticket fee for years one through five; one twenty-five for six thruugh tell; one tiny for 11 through 15; one seventy-five for lh through 20, two dollars (S2) for years 21 through 25. We anticipate using Raceworks and their calculations on attendance, et cetera, that the City and Bayfront will earn about two point seven million dollars (S2,7 milliun) over a 10 -year period. Commissioner Sanchez: Mr. Chairman, on this new proposal, the City, will not have to put up front the eight hundred and fifty thousand dollars ($850,000)'? Mr. Gimenez: No sir. What we will do, we will provide the -- we will do the work and we will bill Raceworks on a monthly basis for the work that has been done. And they are to reimburse its our -- the full cost un a monthly basis. Commissioner Sanchez: And the Bayfrom deal stays the sante and you also -- the City also now gets fifty thousand? Mr. Gimenez: Yes, sir. Basically, we get -- Bayfront Park gets the 50, plus the dollar, and then the incremental increases over the years, the City gets the same, fitly thousand, plus the dollar, and the incremental increases over the year. We figure [lie income to Bayfront and the City will be about 2.7 million, about 1.375 each over 10 years. Commissioner Sanchez: Wow. Vice C'hairutiui Gurt: Quest,un. Lust time we were here, we requested -- and I don't know if you've had the opportunity to do so -- to go to the Convention and Visitors Bureau and compare 187 July 26, 2001 1191y"16 what other cities with this type of attraction, what kind of revenues will bring to the hotel and restaurants within the arca. Mr. Gimenez: I think the folks at Raceworks can give you an economic impact. We asked them to do that, and they're willing to come up and tell us what that is, in their estimation. Commissioner Regalado: Question. Vice Chairman Gort: Commissioner Regalado. Commissioner Regalado: In terms of getting hack the money that the City is going to invest on the infrastructure, it's a monthly basis. Suppose that we do all improvement in 90 days. Do you hill them and we get paid'? Do we have like a -- do you request a bond, letter ofcredit'! Is there anything that the City can fill back on in tenns of getting paid for whatever we pay? Mr, Gimencz: Well, that's why we switched it over to a month, so our total exposure will only be one month's worth of work. We feel it's going to be a little bit long -- it's going to be somewhat longer to do the work than just one month or 90 days. It's probably going to take an expended period of time. If you want to incorporate that into the agreement, 1'11 be happy to do that. Commissioner Regalado: A bond, ,you mean, or -- Mr. Giniencz: We can ask for it small bond and we will not do any work above that amount. But that's something that's subject to negotiation with them, if they're willing to do that. Vice Chairman Gort: Any other questions'? Mr. Regalado, the people in favor to make the presentation, those people against it to -- OK. Commissioner Sanchez: Public. Vice Chairman tort: OK. Who would you like to hear first? Commissioner Sanchez: You want to flip a coin? Draw a sword? Draw a straw? Commissioner Tecle: All right. Commissioner Winton: I want to hear from the proposer. Vice Chairman Gort: Go ahead, let's hear from the proposer. Commissioner Sanchez: Mr. Lopez, you'll have plenty of time for rebuttal. Willy Bermello: Messrs. Commissioners, ,ny name is Willy Bermello, address in the City of Miami, 2601 South Bayshore Drive, principal in Raceworks, 1-I.C. 1'd like to thank the staff for the support and the assistance that they've given us over the last two weeks. We've worked very hard, and 1 think we have a good plan that's being presented to you. And hopefully, when we 188 July 26, 2001 TERMA come back later in August, we can put this to rest, once and for all. At our last hearing, on July I Oth, the Commission sent out a message that was loud and clear. We wcrc to come back with a deal that would be at minimum, revenue neutral. 'file agreement that we hope will come back to you and will be finalised in a few weeks, is an agreement that will yield to the City o%cr the term of the license agreement, in excess of four point six million dollars ($4.6 million). And if you work back those numbers, over 15 years, that translates to three hundred ten thousand dollars ($310,000) it year. And i recall it was Commissioner Regalado who wanted to sec a number like two hundred thousand. So I think we took into account, from it business standpoint, the aspirations and the w ishes of' the Commission. And we worked long and hard, not ,just on the numbers, but we wanted to make sure that there would be protection and there will be guarantees in terms ofour commitments, but we also neoded to make sure that we have a successful venture, that this becomes a viable race. And 1 think it's all in our mutual interest (or this to he a very successful race for the City of Miami, for Layfront Park, and for Raceworks. I will not go back through the same items that the Manager just enumerated, but we want you to know that we're ready to go forward on the basis of this agreement, if we were to have your green light this afternoon, and to continue working with the administration, working out logistical details, not it business agreement, for we have a race just nine months away on April 7"'. There were it number of pending items that this Commission brought up at our last meeting, that I think we'll be remiss if we don't come back and report to you in Icnns of what we've done concerning each and every one of them, The issue of the envirotunent was discussed, I believe Attorney Dan Paul brought this item up and C'ommissionei Teelc tin•thcr expanded upon this. We have submitted a mitigation plan to the City administration that will be part of our agreement, part of what we have proffered, which shows the types of procedures that w -c will carry out in the difTcrent areas that the racecourse is laid Out. It's interesting to note that within the park itself, there arc only five palm trees that are being relocated. In the event that during the relocation process, one of those trees were to suffer damage and would not survive the relocation, we will plant on the basis of two to one the original specimens of trees that were there originally. Commissioner Teele: At the same height:' Mr. Berntello: At the sante caliber, the same height, at at location to be mutually agreed upon with City staff. I see that Mr. Paul just arrived. He also brought up an issue of skid marking and tire marks. We went further than that. We also looked at oil spills and anything that could in any way blemish our roadways, our walkways, our promenades. And we have our staff here today with the actual solvents and the types of teelutical liquids. They're all FDA (Food and Drug Administration) approved t'ront all environmental standpoint, that, in fact, they're the same kinds of mechanisms that are currently used by some of our competitors in their motor speedways. And if a question comes up, Mr. Ray Fernandez is here to address that, That is also pari of our mitigation plan. The second issue that was raised -- and Commissioner Teele also expanded upon this item -- was the use of the word "Grand Prix." We do not want, in ally shape or form, to hurt I lomcstead, to confuse the gcncral public., or the racing fan by having more than one entity with the Dante, "Miami Grand Prix" or "Grand Prix," in any shape or form. And we submitted to George Lopez, the attorney with Sice'l, Hector & Davis that represents ISC, a letter to that effect signed by Lucia Dougherty, our legal counsel, committing our interest in avoiding the use of those terms to avoid any potential confusion in the tuitire, and we're committed to that. And we're committed to work with l lomestead and tO support them in their efforts. We would 189 July 26, 2001 hope that they would support us in ours. Another issue was one of inclusion, and this has many facets. And I think one of the inclusions that we discussed at our last meeting was that of minority representation. We have submitted a corporate resolution, where Raceworks commits to bringing on minority ownership, and by "minority," I'm referring specifically to African- American ownership in our ownership group -- Commissioner Tcele: What about women? Mr. Bermello: -- and in addition to that -- Commissioner, I'm sorry? I said specifically, I did not exclude women or any other minority groups. And also in term of our vendors, our suppliers and our consultants. We have Peter England Isere of Camillus House. We're committed to work with Camillus House in lentis of temporary employment and working with the homeless in Miami. This has to be something that benefits not just a few, but where the wealth and the benefits of this spreads to the many. And that includes those that are at the lowest levels and have the most -- highest degree of economic oppression will work, too. And I'm glad that Peter is here this morning to be present and to show the support that we'll he working with them. Some of you know that I have been personally involved with the group over the last three years called South Florida Gang Outreach. That is a group that reaches out in the areas of Little Haiti, Overtown, Allapattah, Carol City, seeking out young men and women that have been involved in gang culture of life. And through Bible teachings, we bring them out, we rescue them, and we give them hope. We train them and we put them to work. Three of those young men today work in my office, and we're committing to work with South Florida Gang Outreach to again train and have temporary employees as part of file racing event in downtown Miami. We met with Steven Sumner. He is the head of file New World School of Arts. We want to make this not just a street race. We want to make this a spectacular event for downtown Miami. So we will work with the school, with the children, the young men an women involved in the visual arts, in dance in music, in drama to bring those types of' venues, cultural venues, as earl of the overall racing program, and in that way, not only add an entertainment value at the highest level, but also work with the best that our community has to offer. We're right now in discussions with the Orange Bowl Committee and (inaudible), where we hopeftilly will he working with thent, where they will be handling our general ticket sales and corporate sponsorships. The word, "inclusion" also applies to the community at large. I am happy to report today that Nve have the support of major auto makers, like Audi, and here this allemoon we have the president of Audi, Korth America, Mr. Len Hunt, who i will he calling later in the program to make some comments in terms of the importance that Audi secs in terms of this market and this race to their company and their prospective customers and buyers. We also have the support of CAR'I (Champion Auto Racing Team). Commissioner Teele: Does Audi have a municipal donation program to corporate -- to cities, for City vehicles? Mr. Berrncllo: Commissioner Tecle, I don't know the answer to that, but 1 sure hope that Mr. Hunt does when he comes up to the podium. So Ire -- i'll give him a little bit of time to think about that. Com nnissiotier Sanchez: What color would you like? 190 July 26, 2001 Mr. Bermello: We also have the support of SCCA (Sports Car Club of America), and one of their executives is here today. They have over 60,000 members in the country. Dennis Huth is here today, also. He's the President of Trans -Am and Professional Sports Car Racing of America. Fetters from these organizations are being supplied to you as part of the formal record. But we have one letter in that group that I think is very interesting, and it conics from a good friend of ours. He's here in the audience. This gentleman, his name is known to all of us. He's a two-time Formula 1 champion, two-time Indy 500 champion. He came out of retirement to race in the Miami Grand Prix almost a decade ago, and when you read his letter, you'll see in the last paragraph tliat he hints at the possibility that if we bring back street racing to downtown Miami, that he'll consider coming up and coming hack into racing one time again. I'm putting the heat on you Emerson. l=merson, why don't you stand up'? Please be recoLn,ied. (APPLAUSE) Mr. Bcrmello: During the last three weeks, l have had the pleasure, and opportunity to discuss the race in a number of public forums, which are very friendly, local radio stations provide from time to time, not only the commentators, but the people that call in. I've attended television programs, and I can tell you that with very lbw exceptions, in spi-e of surveys that I know were published recently, the people in Mianti, the regular person, when asked (lie question, would like to see street racing come back to downtown 'Miami, and for three r::asons. The first reason is the taxpayer is not looting the bill. Not only is taxpayer not footing the bill, but this race will not conflict with the race in Ilomestead, which was something that nas pail of a misinformation campaign several weeks hack. Second, the public remembers, with very fond memories, the drama, the glamour, and the international attention that our City received because of the race. Third, business people realirc one thing. The race is good businc,s. it's for the City and also for the merchants, property owners in downtown Miami. We have an opportunity, with your vote this afternoon, to put Miami hack in the winner's circle. Miami can derive the benefits of more than twenty milliall dollars ($20,000,000) in annual economic impact in terms of our hotels, our stores, our restaurants, and all of the businesses that supply and support these businesses. We have an opportunity to showcase our City like no other event, because we will be bringing out April 7th live, CBS and Euro Sports putting this event before a potential televised audience of three hundred million persons world wide, This event will be televised by CBS and Euro Sports. In total, over a 15 -year period, we will generate in excess of six hundred and fifty million dollars — (S650,000,000) of economic impact to the City of Miami. Commissioners, we are ready to move forward this afternoon. We are ready to work with you in converting into reality an event that will make all of us proud. On hehalf of my partners, Peter Yanow itch and .lay Scharer, on behalf of Dr. Panoz and the American Le Mans Series, we want to again thank City Manager Carlos Gimcnez, City Attorney Vilarcllo, and all of their staff, the Bayfront Park Management Trust, _ DDA (Downtown Development Authority), your Polio Dcparunen., all of the people associated with the City that have helped bring us to where we are today. At this time, 1'd like to just call three people in closing. First, Mr. Tom Schlosser, with the CPA Wertified Public Accountant) firm of Darryl, Sharp»on, Sharpton & Brunson, who will addres,, Commissioner Winton, the issue of the economic impacts that 1'vc been alluding to. Second, 1'd like to also bring Mr. Hunt. And 1 think, Commissioner Teele, that he's had some time to think about your question. And then 1'd like to close with our friend, Emerson Fittipaldi. Tom. 191 July 26, 2001 iI1I1)AWL• • 0 Tom Schlosser: OK. The economic impacts are --- Vice Chairnian Gort: Excuse me, sir. You have to speak in the mike. Name and address. Mr. Schlosser: My name is Toni Schlosser. My address is 1 Southeast 3"' Avenue, suite 2100, Miami. I'm with the firm of Sharpton, Brunson, K. Company, CPA's. We have analyzed the economic impact of this race event in three sections. The first section is the first year's impact of the -- preparing the infrastntcture. The developer estimates the budget to do that to be three million dollars ($3,000,000). It's initial first year expenditure. The indirect impact of that -- 1 don't know I've explained this beft)rc -- is the ripple effect that you get, and there's certain multipliers. And therefore, with the ripple effect, the total economic impact in the first year of creating the infrastructure will be live million, four hundred and thirteen thousand dollars ($5,413,000). The rest of these impacts are yearly impacts now. And the annual impact of the venue preparation, that has -- venue has to be re -prepared every year, and the developer estimates lie's going to spend fi%c million, five hundred each year for redoing the venue. And the indirect impact of that is four million, four, for a total of nine ntillion, nine yearly for venue preparation. The revenue to the City of Miami has already been discussed. It is the use fees to the City of Miami. That's two percent of gross revenues that will conic -- estimated gross revenues. That will be 96 -- Mr. Gimenez: No. That, that's a different deal. Mr. Schlosser: OK. Any way -- but that money is going to the City, the two percent -- Commissioner Winton: Not two percent. Mr. Gimcnez: That's a different deal. Commissioner Winton: That's not the deal. 'That's the old deal. Mr. Gimencz: That's a different deal. Commissioner Sanchez: It's a different deal. Mr. Schlosser: OK. i was misinformed with that. That's ninety-six thousand. So it's a trivial amount in this whole thing. OK. It's not in there. So then, there would be a hundred thousand to the City, with the fifty thousand to the Bayfiront and the one dollar ($1) ticket thing of seventy- five thousand. The visitor impacts, the estimate of attendees is seventy-five thousand attendees, and six thousand race participants. We've taken these visitors, these seventy-five thousand visitors, and said the meals -- they're going to spend -- and Nve've been, by the way, quite conservative in this whole thing, at least we believe we have been. We say that these seventy - live thousand visitors will spend daily on meals twenty dollars ($20). That comes to a total of a million, live. The staff meals -- I said there was going to be six thousand staff and the staff will stay here for seven days or forty-two thousand at thirty dollars ($30) a day for meals. That's a million, two sixty. There's additional visitor meals, which will be 450, hotel nights will be at a 192 July 26, 2001 �I�I�i�► hundred and forty dollars ($140) a might. Thirty thousand people will stay at hotels, we estimate, for four million, two. The staff hotel nights will he forty-two thousand. That's seven days, time six thousand staff, at 140, or five million, eight eighty. And then there'll be miscellaneous purchases -- T-shirts, souvenirs, that sort of thing, and we estimate that conservatively to he ten dollars (SIO) a day or eight hundred and ten thousand dollars ($810,0X0). The total of all of that, in direct expenditures, is fourteen million, one. If we add the multipliers to that, we come to it total event impacts of thirty-two million, seven hundred and eighty-one thousand dollars ($32,781,000). 'that's the visitor impact with the ripple effect. The parking impact, we estimate of those seventy-five thousand people that are going to attend that there's going to be two point three people in a car. Therefore, there's thirty-two thousand, at eighteen dollars (S18) a space, and that's five hundred and eighty-six thousand nine, hundred and sixty-two for total parking. The total impacts then, taking out that ninety-six thousand, is forty-three million, two, annually impacts. And in addition, the impact of the television exposure, we didn't include in that forty- three. It's estimated that that will he seven million, five hundred thousand. Now, what that means is, that's a study as to what Miami would have to pay for that kind of exposure that you're getting for free with the events being televised. And that is the end of my presentation. Is there any questions? Mr. Ber'mello: Unless you have a question now -- Commissioner Winton: So what was than total economic impact? Mr. Schlosser: The total yearly economic impact is forty-three million, two hundred thousand dollars ($43,200,000). Commissioner Winton: Including or excluding the -- Mr. Schlosser: Excluding the seven point live of the television exposure. Commissioner Winton: Thank you. Mr. Bermello: Thank you, Tom. I'd like to call Mr. Len Hunt with Audi, ]Forth America. Len blunt: Yes. Good afternoon. It's a privilege to he addressing you. Yeah, my name is Len Hunt. I'm President of Audi of America. I'm at 3800 Hamlin Road, Auburn hills, Michigan. The reason I'm supporting this motion is really as a result of our involvement in (his series of _ racing. We are the current Le Mans trophy holder and have been for the last two years. We're the cun•ent trophy holders of'the American Le Mans Series and are leading this series of racing. It's a piece of -- Commissioner Winton: is there going to be an upset? Mr. Hunt: Huh? Commissioner Winton: Is there going to he an upset? 193 July 26, 2001 Mr. Ilunt: I'm planning not to be so. it's a very important part of our make up, and Florida, Miami is a very important part of that overall make up. We affect, in terms ol' spending money in this type of racing, particularly in answer to the good Commissioner's question about what we do -- the answer is "no" to your question, but we do provide, through extensive investment in dealerships, two of which are currently underway in Mianti itself, ,jobs facilities and throughout Florida, which is one of the most important luxury car markets in the world, we are seeing millions of dollars of investment. We sec which ohviously provides facilities and jobs, but one of the big things that we support it for is because of our international involvement. We are an international company, racing around the world, and we really do see a huge international aspect of a race like this for Miami. It was an interesting fact that we actually launched our entire racing program from your neighboring city, Miami Beach, only two years ago, where we actually attracted to the Tides Hotel and other hotels, a significant number of world press journalists, and people who are involved in the racing world. And just a small event like that, racing one cut- along aralong Ocean Boulevard there really did cause a terrific event. We will be attracting literally people from Latin America, from Europe, from all over the world to this race, as we are, obviously, the current champions, and we do sec it as an important part of our development, of our dealers' development for Florida, and also really it great contribution to Miami. So ]'m surly had to answer "no" to the good Commissioner 's question, but I'm sure we're providing investment in terms of facilities and people. Any questions'? Vice Chairman Goll: Commissioner, i apologiic. 1 was out of the ruum for a minute. What was the corntnilntent? Commissioner Sanchez: He wanted a car. Commissioner Teele: No, no, no. Vice Chairman Gort: No. What was the commitment? Commissioner Teele: I was .jokingly really asking was there a municipal program. I know that Ford, for example, has had a municipal program for many years, where a lot of the police cars, for example, are -- and then at one time Chrysler had a municipal -- usually they're associated with the police cars or the highway patrol cars, and 1 was just wondering if you did. But in al] seriousness, Miami really is it tale of two cities, and while we're -- we are the international or the capital of the Americas, the de facto capital of the Americas, we also are a City with a population that is rated as one of the fourth or filth poorest in the nation. I'm encouraged by your remarks about the dealerships. But when most folks refer to Miami, they refer to somewhere between the Monroe County line and the Broward County line. The City of Miami really is a very precise part of that, and I would ask, respectfully, if you would ensure or consider the City of Miami boundaries. We do have, for example -- you may not have a program, but we have a program in which we, each year, buy our cars first and foremost from dealerships that are within the City of Miami. That's an aggressive part of our policies. And we spend millions of dollars for vehicles every year, and I really do wish you would hope -- and hope that you would make sure that one of those dealerships, if it snakes sense in the marketplace, would be in the City of Miami proper. My comments are very, very serious. 1 think that having Audi and having the type of corporate sponsorship and corporate representation that the Grand Prix or this type of street racing, let's 194 July 26, 2001 say, brings speaks volumes of why we are the capital of the Americas. And if we intend to remain the capital of the Americas, we've got to reach out for organizations. And, unfortunately, I'm sure, the economic analysis that we just heard doesn't calculate the tremendous image. It's a positive image to have you here as the President of Fiat North America and we welcome ,you here, and I'd like for you to make sure you know where the boundaries are because Coral Gables is not within the City of Miami, and Aventura is not. And we want you to stay at a hotel when you're here in the City of Miami. Commissioner Winton: Nor is Blue i.agoon, Commissioner Tcele. Commissioner Sanchez.: But, Commissioner Teele, are you prepared to present a motion to buy all the police officers Ferraris or Porsches or -- Commissioner Teele: Well, I certainly would be willing to see Audis if there's an Audi dealership in this City. Mr. Fittipaldi: Let me just add one thing. I'm also vice president of Volkswagen of America, which may be a little more affordable for the police cars of the City. But, yeah, frons an international perspective, we see Miami being a very important part of our development. Thank you. Commissioner Teele: Thank you. Commissioner Sanchez: Thank you. Vice Chairman Gort: Thank you. Commissioner Winton: Thank you for coming. Mr. Bennello: And last but not least, I'd like to call Emerson to (lie podium at this time. Emerson. Emerson Fittipaldi: Well, ladies and gentlemen, good afternoon, It's a great honor, a pleasure to be hero. Very briefly, I'm going to tell a little bit my involvement with :Miami. 1 never been to Miami before 1985, when Ralph Sanchez called me in Brazil and insist -- and Ralph Sanchez says, F.ntcrson, you must come to Miami to race the Miami Grand Prix." And I told my wife in 1985, "Why don't go to Miami, stay seven days, do the Grand Prix, know Miami, know the people." And 1 did come to Miami. I had so much fun, I stay 17 years. I had two kids born here, and three grandchild. And going back to Motor sports. We arc talking about international second most popular sport in the world. We have soccer as the number one sport, worldwide, outside of the States, and motor racing the second most popular sport in the world. And when you have event at this level, international, televised worldwide, spectators and TV viewers from all over the world, the international press come here, drivers from different nationalities. You know, the unique that sports brings to the City -- because I mean -- Miami needs a good image and this is a fantastic image liar Miami. You know, it brings the right people; it brings the right sponsors; it brings the right press. I think it's a great beneficial for the City. The American Lc 195 July 26, 2001 Mans Series is a very international series. it's very traditional in Luropek. It's getting very traditional in the States, you know, people from all over Latin America will come here to watch the race. Personally, 1 know friends from Brazil come here, a lot of the racing fans. And on the meantime, I promote the Brazilian Grand Prix for CART (Championship Auto Racing Teams) the last two years, the Rio de Janeiro Grand Prix. And we made it calculation of the mayor of Rio de Janeim. And our estimate of income for the city of Rio de Janeiro is very similar what they estimate here, was between sixty to seventy million dollars ($70,000,000) income to the City of Rio de Janciro every year. 1 think that's the overall picture I'd like to give it to you guys, and thanks everybody in Miami to welcome myself and my tamily. Thank you very much. (APPLAUSE) Mr. Rermello: In closing, I'd just like to recognise a couple of other people that are here that have worked very hard with us, Mr. Tercilla of Bayside, with whom we have signed an agreement, a tri -party agreement between Raceworks and the Rouse Company, Elena Carpenter of the Trust, who's been very supportive and has assisted us throughout this effort, and the Chairman of the Downtown Miami Partnership, which, by the way, that group of merchants endorsed by, 1 believe almost a unanimous vote, the race in downtown Miami. In closing, again, i want to thank you. I would like to reserve, Mr. Chairman, the ability for any rebuttal tiller the presentation from Mr. Lopez and Homestead. Although l have to say this -- and I know George is there and he and I appeared at a television program a few days ago, and they've forced us to work very hard and you know, you all win because of that. I think, today, the City has a better deal because of their efforts. I have to grant it to them. 1 think there's been more attention on downtown Miami and the need to bring back racing because of the opposition. We've had more advertisements, more radio time, more television interests. Uwe had been here by ourselves, nobody would have paid the level of attention that we have received hecause of, you know, their efforts. Although, i disagree with them, I respect their right to voice them, and to take the position that they have. i want to attain, say that we have nothing ugainst Homestead. We have nothing but it desire to work with them. We don't want to hurt the City. We certainly don't want to work ISC (international Speedway Corporation) and their right to make stoney and to run their three races. And I'm making a commitment here today, that Raceworks, after your vote today and after your vote in August, we will meet with George, with Mr. Grady, with their staff and try to work Nvith them, as mends, as colleagues in the same tri industry. Thank you very, very much. Vice Chainnan Gort: Willy, by the way, when you mentioned DMP (Downtown Nfiall)i Partnership), there's not only merchants, but also property owners. Commissioner Winton: Mr. Chairman? Vice Chairman Gon: Yes, sir. Commissioner Winton: Willy, one last thing. I looked at the diagram here of the raceways, so I don't think this is going to lie a concern, but I just want to put it on the public record and make sure you all consider it when you develop the raceway. The City has worked real hard with a number of organizations to get a hay walk completed that comes up the river, around the mouth 196 July 26, 2001 of the river, and we want to take it all the way to Margaret Pace Park and that bay walk is going to be a signature piece of the redevelopment and quality of life issues that we're trying to create in the whole greater downtown area, So I want to make sure that as ,your design criteria develops that we see to it that we -- whatever is (tone there enhances, as opposed to impedes the whole concept of the waterfront bay walk. Mr. Bermello: You're totally coITect an that, Mr. Winton. As a matter of fact, we have been in discussions with Mr. Ned Siegel, the owner of the two properties -- at least one of them, which is critical. We understand there's going to probably be a new owner shortly, that'll be -- if it hasn't been announced yet. We know who that person is. It's a quality developer here in our community, and we're looking forward to working with him to make sure that the two can co- exist and support that dream of having that linkage along our waterfront. Vice Chairman Gort: Yes, ma'am. Laurel Isicoff: Good evening, Commissioners. I'm laurel Jsicoft; Kozyak, Tropin and Throckmorton, 2001 ... Vice Chairnian Gori: Name and address, please. Ms. isicoff: Laurel IsicofT, Koxyak, Tropin and Throckmorton. i represent the Bayside Center Limited Partnership, which is the owner of Bayside Marketplace. We just wanted to state to the Commission and make you aware that because the race will be conducted partially through Bayside property, and because access to Bayside will he limited, we have worked with Raceworks to enter into a framework and a structure for an agreement, which we hope we'll be able to work with the City as well, that will ensure the success of the race both for the City, and for Raceworks and for Bayside and its merchants. So we look forward to that opportunity, and we hope the City will work with us. Thank you. Vice Chairman Gort: Thank you. OK, sir. Commissioner Teelc: Before he starts. May I inquire about one other thing, Mr. 1Bermello, or Mr. Manager? The City -- i know the DDA (Downtown Development Authority) and others have worked very Bard to bring about this Volvo race, Does this agreement, in any way, ensure that the Volvo race will not be impaired or access'? We're talking now -- I know -- I can see this when we're talking on the other side of the slip here. But could -- Have there been any discussions with you and Mr. Bermello or you and the group mere on that issue? Mr. Gimencz: We discussed in negotiations, we did discuss the impact on Volvo and we thought it was a great opportunity, actually, to have these two races -- Commissioner Toole: Joint. Mr. Gimencz: -- these two events concurrent, but we've got to make sure that whatever we do, it benefits both Volvo and the race. 197 July 26, 2001 Commissioner Teele: And my concern -- and we'll get to that if we get this far today, but my concern is to make sure that we do have a written clause that ensures that the access to the Volvo race, that encampment that they have been working with there around the slip, the pier, the slip is not impaired or is certainly recognized. Mr. Gimencz: Yes, sir. Were working on it. Commissioner Teele: Thank you. George Lopez: Commissioner Teele, not only have we had discussions with the folks for the Volvo race in tonus of coordinating our effbtts, but also, just as important, in cross promotion of both events. Similarly, we have had discussions with the Miami Heat. They're so excited about the race that they are working with the NRA (National Basketball Association) to make sure that the schedule of game nights is done so that there's absolutely no conflict hetween the two events, and they support us, as well as the American Airlines will be totally committed in working with us and the City in making that we can Set the six thousand people that are going to collie here because of the event, to collie here safely, and efficiently and comlbrtably. Vice Chairman Gort: OK. Mr. Lopez. Any other questions from any board members, any Commissioners? Mr. Lopez. Mr, Lopez: Commissioners, Mr. Chairman, George Lopez, partner with Steele, (lector and Davis, offices at 200 South Biscayne Boulevard, and I'm here representing Homestead, Miami Speedway. 'rhe iteral that we're here to speak on as a public hearing is [tem 11, discussion concerning negotiated agreement related to Raceworks, LLC, City of Miami, Bayfront Management Trust fora race/slash motor spoils event at Bayfront Park in downtown Miami. At this time, 1 know there are members of the public that would like to speak on this item. We have a very small and briet'presentation for you to consider, and as a courtesy to those who have been waiting for a while, we'd like to turn the microphone over to them, and come hack and give you that presentation, if it's OK, Mr. Chairman. Curt Ivy: Good afternoon, Commissioners, staff, Mr. Manager. Good to see you again. My name is Curt ivy. I'm City Manager, City of Homestead, 790 North Homestead Boulevard, Homestead, Florida. Here again this evening at the public hearing to continue to express the City of Homestead 's opposition to the street race. Again, I want to assure the Commission we're not here to try and tell Miami, and we certainly wouldn't presume to do that, what to do or what not to do. We're here to place on the record our ohicction to an action, just like any other citizen would do or any other interested party would do, to an action that you're hearing and that you're going to rule on. As you know that in 1995, the Homestead -Miami Speedway was built in Homestead, Florida. It was built with Dade County taxpayer monies. It was to be the venue for racing, in the region. Again, as a matter of tact, the Miami Grand Prix was the first race that we had down there. Our concern is that we have a racing venue, and when people conic to our particular venue, the whole County, both, Broward, Monroe and Dade County, benefit from the participants and the attendees to our races, especially the race of the nature of a NASCAR (national Association for Stock Car Auto Racing) race that we have down there. It is our position that our venue is regional, that it supports all of Dade County, not to mention Monroe 198 ,lily 26, 2001 -mr and Broward, so that's why we term it a regional facility. It was built with taxpayers' money. We are concerned that racing in another venue in this particular arca would dilute racing and would impact us negatively down in Homestead. So, therefore, we are here to express our concern about that, put that information on the record for your consideration and thank you for hearing my comments. Vice Chairman Cort: Thank you, sir. Next. Cheryl Arroyave-Swcency: Hi, Cheryl AiToyave-Sweeney, Councilwoman for the City of Homestead. Hi, Mr. Teele. I'm going to keep it down tonight. I'm here to express our opposition to the street racing in the City of Miami. We have not been able to look over any agreement that they might have made with you. We were hoping to be able to read such an agreement that maybe we could work things out, but -- and we were told that we would he able to, and this has not been presented to us. Again, for 13 years, ,just to reiterate, Carlos Arbolcya's letter in today's Afiami Herald, for 13 years, you had street racing here in the City oi'Miami, and for 13 years, you didn't make any money, which is why we built the speedway to begin with. And for you to start these street races and have a conflict with our races in the City of Homestead at the speedway would be hurting us. It would be hurting our racing at our speedway, and I would hope that ,you would listen to us and feel some sort of compassion towards the City of Homestead. Thank you. Commissioner Teele: Mr. Chainnan? Vice Chairman Gort: Yes. Commissioner Teele. Commissioner Tecle: I vield to Commissioner Winton. Commissioner Winton: You asked to read the agreement that the City of Miami may reach with the raceway officials. Did the City o1' Miami ask to read a copy of the agreement that you reached with Ralph Sancltei and his group when you built Homestead Motor Speedway? Number one. And number two, did you come before the City Commission and ask the City of Miami if they were interested in giving up this race and sending it to Homestead when that occurred? Ms. Arroyave-Swcency: OK. I don't understand your question. Give up the -- Commissioner Winton: There's two questions. This race started in the City of Mianti. Did you come to the City of Mianti back in the Miami -Dade -`$0s and get -- and ask the City of Miami if they were interested and excited about the idea of 1 lomestead taking the race out of the City of Miami and ticking it to Homestead'? That's one. The second question is, you asked us -- Ms. Arroyave-Sweeney: Let me answer the first question. To my understanding -- and, you know, 1 wasn't really around back then. But 1 think that was Mr. Sanchez' deal with the City of Miami, was it not, in the speedway'? I don't think at that point -- 199 July 26, 2001 Commissioner Winton: Yeah, I would think. .lust like Raceway's is Raceway's deal with the City of Miami. T1s. Arroyave-Sweeney: -- Ihat the City of Homestead had anything to do with that deal, since we didn't even own of the speedway at that time. That was Mr. San -- MMJV made that deal with the City of Miami. Ant I right? i don't know. Mr. Tcele, you know probably more about that than anyone here. Commissioner Teele: Well, actually, Mr. Plummer is not here, but he would be the person. Httt, yeah. that deal %%,as made with the City and Mr. Sanchei. But i guess the thing that bothers me about your presentation today, again, is your sense that we're not compassionate or we're not concerned. I mean, that's sort of a hard lick for some of us to take because i -- what's going on in Homestead right now is of real concern to riot only those of us that are here in City, but a number of entities and agencies. But I can tell you this: That I've had conversations directly with the City Attorney, and the City Budget Office, the City Manager, in the last meeting; that we had, not in the context of this race, and other things. We've talked about how, as a part of our budget hearings, the City of Miami car: work with you to absorb sonic of your re -occurring costs. And so one of the things that I really think -- I realized you're here on the race, and I respcct your right to he here, and 1 encourage you to come back, and I'm grateful that you're here, honestly. Rut I really (ion't want your statements to go unchallenged or unexplained, because we really do care. And this is one Commissioner in the budget herring in September -- on September 27`h, 1 invite you to conte back, because 1'nt going to be making; motions to shift dollars from the City of Miami as in kind dollars for re -occurring; costs to do whatever we can, based upon what your Manager and ,your Attorney feel that you need. I can tell you one thing. Your legal bill alone is over. a million dollars ($I,O00,000) a vear. And one of the concerns that we have is, how can we help you? Because those are reoccurring, reoccurring; dollars. And so this race, this race does- not oesnot take any revenue from the existing schedule of events that are being run there, and they have given us that assure -- Ms. Arroyave-Swecncy: Well, it does in a way, Mr. Teele, because when you start advertising the same time that we advertise for our races, which is really year-round, that does take away because there's a conflict there. And people don't understand that. And then they'll start -- you know, you'll bull people away. So, there is a conflict. Commissioner Tecle: Well, you know, let me tell you something;. With all due respect -- Ms. Arroyave-Sweeney: But I do have it, idea. Commissioner Teele: With all due respect, a NASCAR ticket holder ain't going to get confused by what Audi and Le Mans are talking about here. I mean -- well, you know, a car race ain't just a car race at this point. So I understand. And I mean, you're here and I respect you tier -- Ms. Arroyave-Swecncy: But, Mr. Tccle, someone like myself, who, you know -- I'm not -- really not a NASCAR kind of girl, but -- 200 July 26, 2001 E 0 Commissioner Teele. Trust me, you'd have a hell of a lot more fun up here. Me and illy boys, we'd have u lot more fun down there. But, I mean -- so I mean, there really is a little bit of a difference. Ms. Arroyavc-Sweency: Rut I do have an idea for you, if you want to shill sonic of your budget down to the City of Homestead. We do have an ad valorem tax added now to our speedway, which is pretty hefty, if you want to add -- you know, help us pay fill- that. Commissioner Teele: Well, I only have one vote, but I'll tell you this, and I'm very sincere: think that MSEA (Mianii Sports & Exhibition Authrn-ity) and the Finance Director -- i mean the Budget and Finance people here should seriously he sitting down there, looking at you, working with you, to determine how we can work together. And 1 think there arc sonic very meaningful things that could he explored and could be addressed. And I -- Ms. Arroyave-Sweeney: Thank you. We (to have a very specialized team with us right now. Merrett Sticrheim and his team is -- you know, you can't get any better than that. But we do appreciate your help, also, Mr. Tecle. Commissioner Teele: Well, one thing about Merrett, now, they will define the problem. I'm trying to give you sonic reoccurring solution. And I trust you that Merrell will help you define the problem. But at the end of the dav, Ile did the same thing here. I le didn't leave one dollar. If fact, as a County Manager, just for the record, lie rctitsed to pay the parking surcharge. He refused to pay the payments that the County owes the City that go back over 10 years, I mean, so, Merrett is a great American, and a great guy and a friend of mine, but you know, you just need to know that Merritt is not going to come in with any dollars. He's going to come in with -- define the problem, and 1 think that's very positive and very good for the City. Vice Chairman Gort: Commissioner Tecle -- Commissioner -- go ahead. Commissioner Winton: I'ni still -- I want to come hack to the last part of my question. An I recognize that I should be thicker skinnal than maybe what I'm going to present here, but my question was whether or not you asked us for if copy of the agreement that you -- You want to read the agreement that we're going to sign between Race -- what's it called'? Unidentified Speaker: Raceways. Commissioner Winton: Raceways and the City of Miami. And my question was, did the City of Mianii ask for a copy of the agreement between Homestead Motor Speedway and the City of I lomestead back when y'alI did that deal'? And let me tell you the reason I'm asking. The reason I'm asking is because when you were here the last time, you called us brainless, and heartless. Those were your words. And when this whole process stalled, Mr. Gray came to my office hefore the Commission meeting, pleading with tine to consider all the options. And I was compassionate, because I could tis understand clearly the plight of Homestead, and 1 wanted to figure out if there were ways that we could bet at this. But during the. course of the presentation, I learned that Homestead Motor Speedway had hired every attack dog there is in this community 201 July 26, 2001 to start attacking this Commission publicly. Then you, as an elected official, come before this body and call us brainless and heartless. Ms. Arroyave-Swceney: Well, those are the two words that -- Commissioner Winton: Excuse me a moment. Ms. Arroyave-Sweency: -- that came to my mind. Yes. Commissioner Winton: They might be the two words that carne to your mind, but the very next day I read a long article in the Miami Ilerald about the City of Homestead's negotiation with the Homestead Motor Speedway people, which seems to me is a big reason why the City of Homestead is near bankruptcy now is because the deal that they negotiated against. the City of Miami -- 1 mean homestead, instead of in favor of the City of Homestead. So I do take offense at being called -- Ms. Arroyave-Sweency: Mr. Winton, you're absolutely right. The counsel that was there at the time -- Commissioner Winton: Excuse me. Excuse me. Vice Chainnan Gort: Excuse tile. Ms. Arroyave-Swceney: did do that. You are so right. I am there now, though, Mr. Winton, and I'm there to fight for our City -- Vice Chairman Gort: Hello. Bello. Can 1 conduct the meeting? Ms. Arroyave-Sweency: -- and do the right thing. Vice Chainnan Gort: Can I conduct the meeting? Will you allow the Commission to finish and then you'll have plenty of time to respond? Thank you. Ms. At-toyave-Swceney: Olt, sure. I'm sorry. I have -- Vice Chairman Gort: Thank you. Commissioner Teele: Collegial -- let her debate him back and forth. Commissioner Winton: Like 1 said, I should have a little thicker skin. It's just that -- Vice Chairman Gort: I don't want to get Johnny going. I know what's going to happen. We still we still have all these books to go through, guys. Commissioner Winton: 1 didn't appreciate being -- you know, I've been here two years. You're new. I'm new. I didn't appreciate being called brainless, and heartless. I don't care what you 202 July 26, 2001 were thinking. I didn't appreciate it at all. And I didn't appreciate the attack dogs that that group of people sicked on all of us in this community. And I thought that their approach to this whole issue has -- 1 tell you, what it's really done is ticked me off to no end. And when -- while Commissioner Tecle is being very compassionate here. I'm struggling to find that same compassion, because I don't feel that the game that -- this is about two competitive for-profit entities. This isn't about two govertunents. And i've taken great -- Ms. Arroyave-Sweency: "file City of Homestead docs own the speedway. Commissioner Winton: No, it isn't. You can -- that's your opinion. 1 don't buy into it at all. And I take great offense to the entire process the Homestead Motor Speedway people have taken to get this issue before our community. That's my personal opinion, and I just wanted to putthat all on the record so you understood very clearly where I'm coming from. Ms. Arroyave-Sweeney: Mr. Mayor, may I respond? Vice Chainnan Gort: OK. Thank you. Commissioner Tecle: And, Johnny, I want to put on the record this: I think you're right in the context of the Homestead Motor Speedway issue. But I think any elected official, who is, in the pure conduct of their duty -- She's not here on behalf of a C130 (community based organization). She's not here on behalf of a neighborhood group. She's here in her official capacity as a City Council person. My compassion is based on the fact that the day after Hurricane Andrew, I had a debate with the great late Governor Chiles about the severity of this hunicane. And it took us three days to convince FFMA (Federal Emergency Management Agency), under President Bush and the Governor, Governor Chiles, that we had a national emergency. Throughout that, the City and the citizens of Homestead bled. And as Chairman of the public safety committee for the County, which t was, I was there the entire time. And so, I have a strong view that Homestead has had a hard time and a real tough time. And they're down, and there's no question, they're down again. And whether they're down because of bad Financial deals or whether they're down because they got taken advantage of, the fact of the matter is, they are a governmental body. they are our sister, our brother in this sense, and we still have an obligation to help them. We still have an obligation to do what's right for our Cit. And let me tell you, there is no question that this race is going to be another piece ofthe cement that we arc trying to set that makes Miami the cultural, and business and corporate capital of the Americas. And this is the best thing that can happen for us, other than bringing a world class soccer stadium here, as Emerson talked about. But we don't have to -- we can be compassionate in moving ibrw-ard and I think -- Commissioncr Winton: Mine will cone tomorrow. Commissioncr Tecle: OK. Commissioner Sanchez: Mr. Chairman. Vice Chairman Gort: Commissioner Sanchez, 203 July ?6, 2001 Commissioner Sanchez 'Thank you, Mr. Chairman. Ms. Sweeney -- Ms. Arroyavc-Sweeney: I didn't have a chance to respond to Mr. Winton, but I'll listen to all of you and then respond? Vice Chairman Gort: Yes, ma'am. Ms. Arroyave-Sweeney: is that what I should do? OK. Commissioner Sanchez: Would you like to respond to Commissioner Winton? I would yield and -- Vice Chairman Gort: Go ahead. Commissioner Sancho: Go ahead. Ms. Arroyave-Sweeney: Is that OK? Commissioner Sanchez: Yeah. Ms. Arroyavc-Sweency: Mr. Winton, I've been called a lot more than brainless and heartless as a public official. Commissioner Winton: I haven't. Ms. Arroyave-Swccney: I'm sorry. Commissioner Winton: Nastier names, but not (INALUBLE). Ms. Arroyave-Swccney: "Brainless" is what came to my mind after trying this for 13 years, and trying to do it again. That's the word that came to my mind. OK? Commissioner Sanchez: Ms. Sweeney -- Vice Chairman Gort: You're entitled to your opinion. Ms. Arroyave-Sweency: Thank you. Vice Chairman Gort: Yes, sir. Commissioner Sanchez: Ms. Sweeney -- thank you, Mr. Chainnan. Ms. Sweeney, first of all, as an elected official of Homestead, you're doing what I would do and what I'm doing here for the City, and that is looking out for the best interest. I wasn't offended when you called me brainless and selfish. As a matter of fact, my wife calls me that all the time, so it doesn't offend me. Ms. Arroyavc-Sweency: I said "heartless," not "selfish." 204 July 26, 2001 Commissioner Sanchez: And heartless, whatever. You know, I would be doing the same thing to protect the interest of the City, of Miami, and when we -- when this all caste about -- you know emotions tend to get in the way and it can lead to some people saying some things that aren't appropriate, but the respect that I have is that yourself' and the City Manager of your City are doing everything they can to protect the interest of your City. We've been there. I mean, we went through some difficult times and we're just getting out. As it matter of fact, with the parking surcharge -- us losing the parking surcharge right now in litigation, it's really put us in a behind where we have really had to scrounge up and come up with creative ways to get out of this hole. I think that Commissioner Tecic made a statement at the last Commission meeting when we discussed this item, is that we liave to work together. And i think that the 'frust, when we passed supporting this, even committed itself to trying, to do something with international Speedway Corporation, which is considered Race Inst, that we're willing to sit down and assist you in every possible way that we can at Bayfront Park, and possibly even splitting the revenues and donating it to Homestead to help you out. I think that when we both sit here an you take your position and 1 take my position, which clearly we arc at and adverse position on what's the best interest for Homestead and what's in the hest interest for the City, yoti know, I continue to make the arguments and I'm sure that wVho you have hired and who you have brought, the team to support your statements arc going to say diftcrcnt titan what Fill going to say. But [tic City of Miami has an opportunity now to not only create an economic impact for downtown, which is suffering right now. it's suftering for a lot of reasons. The economy is bad. The tourists aren't coming; down here spending the moncy they used (o. You used to see Brazilian tourists and Latin American tourists walking through downtown and really spending money. Well, when we lost the race, whether it's a bad deal or good deal is totally irrelevant. You wercn'l a Commissioner in Homestead and I sure wasn't a Commissioner here. But now we talk about bringing a race that would generate something good for the City, which i consider to be good for is the City, and I'm glad to see. and later on, I will commend the City Manager Im really turning a 180 degrees on this contract and bringing back what 1 consider to be a better deal than what it was lust time. But we have a chance not only to showcase the great City of Miami, internationally through 56 countries, for mo hours, showcasing what we have to show, which .Banti is a beautiful City, a City that is doing everything it can to attract, not only international events, but to try to bring companies down here that are willing to invest money an make money. I don't stand ill) here and say that I ant looking out for the best interest of bib companies or bib hotels in downtown, which will benefil from this, and they will. 'they just stated how much the economic impact for hotels and restaurants, bill I look at it from the point of view of the guy who makes seven fifty in hour waiting a table at the Intercontinental, all the surrounding hotels in downtown. They're going to make money with tip, can drivers, the positive things that %%rill be corning to that arca, and they're going to generale money from that. If you look -- and ( will debate with you everything you want when you say that the race is being held in Homestead, the City of Miami benefits. Yeah, we do benefit, but arc you going to say that having the races in downtown Miami, we're not going to make much more than what we're staking when the races are held in Homestead' Ms. Arroyave-Sweeney: Well, you haven't in the past is the whole point ofthis. 205 July 26, 2001 �IIIaIri[:I: Commissioner SdrlelIC7: Well, 1 don't think you can compare the other race with this one. If you wanted to do that, we could just bring out and say, look at the two contracts, which -- Ms. Arroyave-Swcency: I haven't been able to. Commissioner Sanchez: Well, you will. Ms. Arroyavc-Swccney: Well, you told us w,e would be able to five days before. Commissioner Sanchez: Well, we're not taking a vote today. The contract that's -- I'm willing to give you the copy that 1 have or we could have somebody present the copy -- the agreement that we're discussing hasn't been voted on, it doesn't say that we're going to support it. But what we're doing here is basically going over the conditions that exist on the contract, and later on we'll vote on it. Vice Chairman Dort: Compliance with the fivc-days rule that they won't impose. OK? Commissioner Sanchez: But let me tell you something: We have the right, just like you have the right in I lomestead, to waive those five days. N1le're not going to do that, because I think that it's in the hest interest of Miami that we review the contract and listen to both sides today and later on, what's in the best interest of the City of Miami, not Homestead -- and I apologize fir that, and I hope you take no offense to it -- or international Speedway Corporation, or any other entity that's in the process here of negotiating. "What's in the best interest of the City?" is what - You know, I took an oath to protect the City and do what's right for the City. So 1 just -- 1 also want to state that I want to apologize to you, because even though you made those statements that I didn't get offended to, I did make a statement at the end after reviewing the minutes, and I want to apologize to you. it was a statement that wasn't bad or anything, but it was a statement that I want to apologize to you and I'm sure you -- you left here not very happy, and if it was because of my statement at the end that we didn't -- it was something about we sure didn't need your finance -- Homestead 's financial consulting for file City of Miami, but 1 apologize for that. Apologize. Vice Chairman Corr. OK. Ms. Arroyave-Sweenay: Did you want to say it again? Commissioner Sanchez: 1 apologize. T4s. Arroyavc-Sweeney: No, 1 mean, what -- your statement, because you -- Commissioner Sanchez: I think the statement was something to the effect that -- you were giving us financial advice. Ms. Arroyavc-Swceney: OK. I will end this way, because we could -- I could stand up here with you guys all night. i love you guys. It's great. 1 am here to oppose your races. 1 am here to oppose your races. I'm still calling you heartless. I'm sorry, Mr. Winton, but I'm calling ,You 206 July 26, 2001 heartless. You're kicking us when we're down. You're competing with our races. It's a conflict. Thank you. Vice Chairman Gott: Thank you very much. We appreciate your statements. Anyone else? Commissioner 'recle: You sec, Johnny, this is a great country. Everybody can say what they think. Commissioner Sanchez: .And you're not taken out to the woods and shot. Vice Chairman Goo: Yes, sir. Jim Ferraro. Good evening, Commissioners, ladies and gentlemen. My Name is Jim Ferraro, 27241, 107 Court. I am the Chairman of* the South Florida Motor sports Ilost Committee, and we're here to object to the street race. My Board of Directors, the Host Committee, and myself would like to say that the HomcsteadAliami Speedway is a first class racing facility. Nut only is it a first class facility for the drivers, their teams, it's a first class facility for the participants and the spectators. We feel that to hold the race anywhere else would he a tremendous waste of resources. 1 urge you to consider this proposal very seriously. 'I hank you very much. Vice Chairman Gori: We are, sir. Jennifcr Ballo: Good evening. My name is Jennifer Balfe. My address is 2153 Southwest 14"' 'I errace, Apartment 2. I've got a couple of questions to ask first. The first one is, fbr Bicentennial -- for a while a group of us in the City have been trying to itttprove this park. Mr. Winton here is %cry well aware of that. Ile's been working really hard on the Waterfront Commission to have a bay walk going through there to Margaret Pace down, and I fccl very strongly about that. One of' illy questions was, il'this racetrack is allowed to be in usage for the amount of time; it's said to be, would it be cumbersome to recreating a park to making it -- Vice Chairman Gori: Excuse me a minute. Can we please ask the meetings taking place here to go outside'' Do we have police officers.) I'm sorry. Go ahead, ma'am. Ms. Ball'e: I was just asking, wouldn't it get in tile: way of redeveloping the park, having the racetrack there and having it used'' Commissioner Winton: It isn't going into Bicentennial Park. It's going into Bayfront Park, I'll give you this map so you can look at it. But Bayfront Park is the park that's already completed. It's down by the flyatt. It's the park that's between the Hyatt and Bayside. So there's a map of the route. And the route isn't removing brass. It's removing sonic trees. You can -- and I'll give you this also. This shows what -- the number of trees that will be temporarily removed and put back so you can look at it, as well. And if you -- I don't know if you were here earlier or not, but I directed the staff to see to it that as it relates specifically to the bay walk that in terms of how this course is designed that the design, not only will it not impede the future -- the ongoing development and use of the bay walk, but that it would enhance it. So that was a direction -- directive that I set when we -- when -- at the end ofthe proponent', presentation. 207 ,lulu 20, 2001 0 4 Ms. Balfc: And I had another question. It was toward the hotels that are around there. What about noise pollution? Wouldn't they mind? I mean, it's going for quite a long time, that race, and I'm sure it causes a lot of -- Commissioner Winton: I think the hotels area]] -- Vice Chairman Gort: There was a committee meeting from the hotels and they welcome, they'd love to have it, and they approve it. And that's why you huve the DMP (Downtown Miami Partnership), which is the downtown Miami business and property owners approving this type of Ms. Balfe: My final comment was just that I don't think it's -- this is my own personal opinion. But as a City, 1 think we're entirely too focused on televising ourselves to international markets and things of this nature, and we need to focus more on the community and what kind of' space they need to enjoy the City better, and I feel that we stray from that quite often, just as a -- Vice Chairman Dort: Well, part of the things we're going is, we understand the global market, international market is very good. But at the same time, we agree with you, and we have worked quite a hit with the infrastructure into the neighborhoods, because if we don't bring our neighborhoods up to the same standards, no matter how much global market we bring in here, it would not succeed. So we agree with ,you on that, and we're working towards those goals. Thank you. Ms. Balfe: Thank you. Good night. Vice Chairman Gort: Next. Mr. Lopez: Mr. Chairman, I don't know if there's anyone else in the public that would like to speak, but we're prepared to do our brief presentation for you, if it pleases you. Vice Chairman Gort: Go right ahead. Mr. Lopez: Mr. C hairn an, honorable members of the Commission, before we do that presentation, I'd like to make at least two very brief points. I want to acknowledge the letter that was referenced, and thank Raceworks and Lucia for reaching out to its to discuss the name, "Grand Prix." in that process, we did receive the letter. We were hoping that we would have the agreement, so we could talk in earnest necessary and genuinely about terms and conditions that would be meaningful, And unfortunately, we were not able to do that, But 1 wanted to make sure that we acknowledge the fact that there was an outreach cousistcnt with Commissioner Teele's request at the time. I also want to make sure that this record is very clear, because there's been some confusion, both in this chamber and outside about the role that may or may not be being played by Mr. Sanchez.. Ralph Sanchez is my friend. I've known him a long time. Out- belief urbelief is that lie has no involvement at all in this race, nor is it a concern of ours, for this record or for any other discussion as to whetlier lie is or he isn't. So as tier as we're concerned, that is a non -issue to us, anis if anyone else wants to address it, that's a concern of theirs. I think the City, 208 July 26, 2001 dwArj our community at large, and 1 personally want to thank Ralph liar all he has done and continues to do for our community, but I wanted to make sure that at this 1imc, and before 11 stalls to slip an we get into a debate, we're clear about those two points, and we do thank everyone for trying to work with us as a result of that. The final point is that we have, in fact, filed a lawsuit. it has been served on the City. We look forward to avoiding having to prosecute that suit, predicated strictly on the fact that we felt that we heeded some little to review the terms and conditions of the deal that. 1 believe, was still beim; negotiated today. We understand that. We accept that. We respect the Iact that ,you are working feverishly to get this deal put together. But we thiuk we are entitled to a genuine opportunity to review those (erns, and to give you comments and allow the public to debate on it. Before i introduce Cutiis Gray, the President of I lorriestead-Nliami Specd%%ay, I'd like to introduce into the record a tVi011lli011 that was passed by your City of Miami Parks Advisory Board, and we're doing that as a courtesy to Dr. [3ush. Chairman of your board, who appeared before the Bayfront Park 'frust and introduced the Resolution Number 70- 11 into that record, and we offer to have that done here today. I'll just briefly read file resolution into the record, if] may, Mr. Chairman. It's only several paragraphs. And then a copy has been extended to you and to your Clerk. It reads: Whereas the City of Miami is considering approving an agreement with the promoters of the proposed American Le Mans Series Race, to begin the race in April 2002, along a 1.54 -mile track :wound 13aysidc Marketplace through Bayfront ['ark. and whereas Bayfront Part: is one of the City's prime open space perk, enjoyed not only by City of Miami residents, but the entire Miami -Dade County community and visitors as \cell; and whereas the City \%ill incur expenses in preparation t1or the races every year, even though tilt agreement with the promotcr provides the City with a percentage of the gross revenues received, it resolves: The Parks Advisory Board hereby recommends to the City Commission that the agreement with the promoters require: that all in-kind services and other expenses associated with the preparation of the races he covered by the promoter on an annual basis. The board further recommends that the racetrack he excluded from Bayside slash Bayfront Park location, because it would he inappropriate in the park and detract from its use as a pedestrian -friendly location. Passed and adopted IS"' day o1' July 2001, signed Dr. Gregory Bush, Chairman of the Board. Mr. Chairman, with thal, I'd like to introduce Curtis Gray. I will retunl to introduce a couple other speakers, who will hricfly give you oto• assessment of' the circumstances that are facing here, the ('ity of yliami. Curtis. Curtis Gray: Commissioners, thank you. Curtis Gray. 1 Homestead Speedway Boulevard, Homestead, Florida. On July 10"', at the Commission meeting, there was an interest by Commissioners about our proposal for Race Fest, and at the time, it was -- we deemed it as an alternative to a street race, and thought we had all the sante values as a street race would brim; to the City. You asked us if we would do that either -- whether the street race was happening or not. At the time, 1 said that we would not consider that. We; have re-evaluated that decision and have decided to move lbrvvard with the Race Fest, if that's all right with you all. The Race Fest would be held -- the 20'1' anniversary, the Grand Prix in Miami will be March I" told 2"", 2002. 'I he Race Fest, itself, would be 'Thursday, February 28"' and Friday, March I". There will be nationally known hands there, interactive activities, a kids' /one, and souvenir trailers. We've worked with the Indy Racing League, who will be sponsoring the Grand Prix, or the sanctioning body behind the Grand Prix of Nliami, along with the Grand Am Series, Spoils Car Series. The Indy Racing League is a hundred percent behind this event. They have said that the drivers will do an autograph session dmkii there at Bayfront. This is something we normally do at the 209 July 26, 2001 Z1I1]fAUP - • speedway. We'll rnovu that to the downtown arca. They've committed to bring; racecars and the teams to a full on, pit stup competition, which will he taped by ABC (American Broadcasting Corporation) and viewed during the race itscil. Also have met with the merchants and management at Bayside. They're a hundred percent behind the Race Fest concept, and we look forward to working with them. We found a presenting sponsor. have talked to them. They're fully committed to the event. So we've done a lot of work in the last few weeks, and hope you would consider it. One concern we do have, if there's any kind of cxclus,vity agreement within the agreement with Raceworks that would preclude us front doing the event like this that would be a concern of ours to move forward with this event. Thank you. Vice Chairman Got t: Thank you. Next. Mr. Lopez: Mr. Chairman, %ve'd like to introduce to you Tim Frost. Mr. Frost is President of Frost ,'Motor Sports„ LLC Financial Advisory Firm, specializing in motor sports industry. He has peribmied feasibility studies, market demand studies, economic impact analysis, valuation and financial consulting of motor sports facilities and motor spurts industry participation. Frost currently consults with track owner sanctioning bodies, team owners, drivers and other spars industry participants on various topics. We felt it was very important to bring Mr. Frost to you here today because on occasion, I have made statements that 27 out of 29 similar races have failed, and we felt that from an expert's opinion, we could analyze why that has taken place. For example, 1 know that even the Rio race after four years no longer ran. Su, it's important for its to put that on the record, so you know why we're making those statements and the basis upon which those statements are being made. Tim Frost; Tim Frost, 909 Seneca Road, Wilmette, Illinois. Today, i just would like to give just a short overview in regards to street racing in the motor sports industry. As you're all aware of, street racing has actually been occurring since the early 1900s in various venues and cities around the world. It has been -- in the last decade new motor sports facilities have been built around the country, and the move has been away from temporary street course races towards more permanent venues. Currently, for the various major motor sports sanctioning bodies, there is a very limited amount of races that are held on temporary circuits. So tot- a comparative purpose, in 1998 this were approximately 13 street races that were held out Of.1 total of 52 of the major sanctioning bodies, and as of this year, there are currently three street races which will be held out of the 42 races for there. After doing a lot of work and consulting with some of these various entities and street races around the country, surae of the observations which I have had that present the difference between a successful street race and an unsuccessful street race is successful street races that do go and exist in various markets around the country right now is you need to have a very experienced, operational and managerial team that goes and has a strong commitment, both by the promoter, municipality, and the sanctioning body, Probably the strongest characteristic of this is, does the promoter have the financial strength and the financial wherewithal to bo and support the event through its first formative years for that? What dre characteristics of an unsuccessful street race? Well, it's been -- basically, it could be an inexperienced managerial team and a lack of promotion, and the ability to go through and promote the races proper. The other part is they don't have -- the lack of financial strength to go through and support that event during; that, and many times, over the last for our five years, street races that have been held that may have been schcdulcd for three to five years, as fat- as their 210 July 26, 2001 1i6z1�x sanctioning agreement, have been terminated in year two or three of that agreement. When compared to permanent venues, street races typically have higher start-up costs for their first year of operation. They also have higher annual operational expenditures in regards to take-up and take-down of the street course. And also, the other part is, there's a lot of logistical challenges that can occur for the take-down and utke-off of a race, especially to -- within a municipality that can go and present challenges to local businesses who arc there. The motor sports industry has two perspectives of street racing right now. The pros or positive benefits are -- is that it allows an alternative venue for the motor sports sanctioning bodies to go through and hold their races, in regards to other permanent road courses or oval tracks that can he there. The other part is -- and that's pail of the excitement of street races -- is it allows the event to come to the fans versus the Tans having to go to the venue to go through and see, and it creates a lot of excitement about that. An alternative may he in other cities is to go through and hold these fan fests, for example, such as in Charlotte. They do a Speed fest, which, typically, is held during race week, which can bring six hundred thousand spectators down to the downtown -- away from the permanent venues. What are the cons or down sides of street races? They typically do not bo and offer the best race for the drivers. They find it very difficult to pass and go through and do. And the other pail is fans may not be able to get the best view of the e►aire racecourse on there. And based on the analyses you've heard -- and they're going to present for that in regards to street races -- is their life span has been much shorter than typical permanent road course venues than it's done. And when a race goes and fails -- and I think there's been a lot of case studies that have been done and will he presented here -- is typically, the intangibles that were associated with the inaugural event or during its initial years, or the excitement that's created about it, it leaves. It's no longer there when the event is no longer held there. And this is very similar to professional sports franchises when the talk of them has been relocation of those franchises. So in conclusion, street races have been successful around the country. You had a very successful run Isere in Miami, you know, during, you know, the '80s and early '90s. And those races can create excitement, but they also, you knew, must go through and have certain characteristics that will allow them to go and he successful for them. Vice Chairman Gort: Let me ask a question. It's your opinion, then, that speedways ure very successful economically! Mr. Frost: Excuse me? Vice Chairman Gort: Speedways are very successful, economically? ,Mr. Frost: Yes. The speed -- you mean speedways oval tracks have been -- Vice Chairman Gort: Like the one in Homestead that's produced -- closed circuit. Mr. Frost: Yes. Closed circuit, permanent venues have been very successful, The prices that are being paid to go and acquire those facilities have been rising. So as an indicator of value, absolutely. Vice Chairman Gort: And it produces a lot of income for the City and the speedway? 211 July 26, 2001 ImfAVE Mr. Frost: Yes. You know, economic benefits that arc associated for the cities and the spill -offs that occur in the local areas have been considerable throughout the -- Vice Chairman Gort: Thank you. Mr. Frost: OK. Mr. Lopez: Mr. Chairman, the last portion of our presentation will include three very brief segments for your consideration. The first will be an analysis on file financial terms of the proposed deal. And I need to qualify that, provided we know what that deal is. which has been disclosed here to us today, and we'll give you our best comments on that. it will be followed by a brief analysis of the racecourse. We gave the Bayfront Trust and Commissioner Sanchez, chairing the 'Trust, some sense of where the sanctioning bodies are with regards to restrictions, what we think is going to be a requirement to be done at Bayfront Park, and possibly the changes to the racecourse. And then 1 will close very briefly with a discussion about some requirements that we think you need to nncet before, as a condition precedent before you allow this agreement, and certainly the permit to do it to go firth. Commissioner Sanchez: Mr. Lopez, I respect you ibr establishing your record. Mr. Lopez.: Thank you, sir. i appreciate that, sir. Vice Chairman Gort: No. But at the same time, 1 want to make sure they do the same thing for the City of Homestead when they renegotiate the contract and so on. Mr. Lopez: We have. Commissioner, I'll be happy to discuss that with you. We spent a lot of time this week dawn there. But at this time, I'd like to introduce John Graham, who appeared before you on July 10`t', to help us understand a little bit more about this deal, and to give you his expertise in the industry. Thank you. John. John C;raham: Thank you. And Commissioners, 1 wish Commissioner Winton were present, because i believe he expressed some feelings about International Speedway Corporation, as well as the City of Homestead, and I would like to express and explain -- and Commissioner Gort, you've expressed similar sentiments, which i respect., in a one-on-one meeting. But I'd like to -- go ahead. Vice Chairman Gort: Are you the same one that advised the City of Homestead when you created the speedway down there:' Mr. Graham: I bei; your pardon? Vice Chairman Gort: Where you the same individual that was advising the City of Homestead when the speedway was created down in I lomestead? Mr. Graham: We bought the -- 212 July 26, 2001 Vice Chairman Gort: )'oil bought and you gave -- Mr. Graham: We bought from a -- from the party who established the Homcstcad-Miami Speedway. We were not a party -- Vice Chairman Gort: OK. You were nota party. OK. 'Thank you. Mr. Graham; -- to the development of that speedway. No, sir. Commissioner Winton, I'm glad you're back. 1 was referencing -- OK. Good. And I'd like to explain our feelings, and our interests, and our involvement and the level of them. We have seventy million dollars ('$70,000,000) invested in this community, in this marketplace, and we are trying to develop sports car races at the Hcmtcstead, Miami Speedway. Sports car races at this point, our race weekend would be Indy car races and Grand Am sports car races on the same weekend in March. They're scheduled for March of' 2002. 'Those type of races are not developed to the extent that :NASCAR, Winston Cup races are, in terms of crowd attention, et cetera. We're trying to build and develop them. When it competing spoils car race conies into file same niarkct, in an area that's not fully developed, I do thiol: it's going to dilute both races. I think the presence of the March race in Homestead will mean that the April race, if it occurs here, would not du as well as it otherwise would have done. Converselv, I believe the March race in HomesteadrMiamt would not do as well as it otherwise would do if there is another race in the same marketplace within it month's time. At the very least, there's prumutiunal confusion in the markclplace. "I he potential ticket buyer is looking at promotions of two different events in the same marketplace, in the same time frame. And again, we've been -- we begin promoting a year out. The interest that we have in that is litrther intensified if the other entity -- it -the competing entity, the competing race promoter is earning in on teens that give them a competitive add advantage:, which we believed and still hclieve might be the case. For example, I mentioned at the July 10`x' mecting that your offer to provide some services in kind for the races was out ol' line in the market. We don't have any of those provided to us at HOInCStCad .N4iami, nor at any track. We pay full ticket for those, and if that's provided to a competing promoter in the same murket, it gives them it competitive advantage. You disagree'? Commissioner Winton; I don't disagree with the small point, but 1 would he interested in maybe, at some other point, it debate about the bigger picture in terms of the benefits that your organization Sets through the Homestead Motor Speedway facility, and the non -market rent that you're paying and all those kind of things down there that we had an opportunity to read about in %lte Miumi llcralcl. Mr. Graham: Sir, we're paying it full market rent of two million, one hundred and sixty-five thousand dollars ($2,165,000) per year. That is full market, unsubsidized. Commissioner 'Vinton: Well, I'll get -- I'll go back here in .just a little bit and get The Aliami Heralcl article out again, because it seems to the that if I remember, there were some significant negative economic impact to the City of Homestead on the basis of the new deal that was struck between your organization and the City of Homcstcad when you took this operation over from Ralph Sanchez. 213 July 26, 2001 IIIII)A , 0 Mr. Graham: We had no had no negotiations with the City of Homestead. Our negotiations were with the former owners. Commissioner Winton: That's your technical point. Your organization -- Mr. Graham: That's a fact. Commissioner Winton: Your organization led the negotiations that led to the decision that the City of Homestead made to strike a new deal. Vice Chairman Gori: Commissioner, for the sake of time, we still have a full agenda to go through. Please finish with your presentation. We'll ask questions at the cnd. Mr. Graham: I just wanted to explain our level in this, and why it's what it is, and why we're looking so closely at it. Anti we do not dispute your right, by the way, to operate a competitive venture in your marketplace. That's a decision for you to make. But if it's a bad deal for us, which we believe it is, if it's a bad deal for the City of Homestead, which we believe it is, and if it's a had deal for the Citv of Miami, which we believe it is, then we feel compelled to come forward and say so, and state why we believe it's a had deal. Now, we had an exchange on July I 01 about which document to look at, and I'll say today that we have seen a two-page term sheet. And the contracts that we've been reading on which that term sheet is a summary .ire 28 pages long. And there's no way a two-page teen sheet can cover everything that's in a 28 -page document. So, we'll reserve an analysis of the longer document until we see it, and it's my understanding that will be -- conic betbre the Commission on August 9"'. And how far in advance will the full document he published'? Vice Chairman Gort Five days before the meeting. Five days before, according to the regulations, five days before a Commission meeting. Mr. Graham: So, the full document will be out five days before the Commission meeting'? Vice Chairmtut Gort: Yes, sir. C'ommissioncr Sanchez: Yes. Mr. Chairman, just on this Race Fest, which I believe Bayfront Park is interested in. Mr. Gray, would Ilomestead-Miami Speedway he interested in doing this, or is this exactly what it says down here, an alternative proposal for Miami's Bayfront Park race event'! Would it be -- I mean, were you still -- whether this passes or not, we have a race in Miami, are you still willing to do this? Because, I mean, I'm more than glad to have Bayfront Park sit down and negotiate with you to put something; like this. And, of course, we could split the -- you know, the proceeds and help Homestead out. Of course, you know, the last thing we want to do is let the people in Homestead think that we're brainless and heartless, you know. Mr. Gray: Now, the proposal we gave you is from the last meeting. We're prepared to move Forward with Race Fest if you are in favor of it. This, again, would be at no cost to the City. 214 July 26, 2001 1IIIifj�!f - Commissioner Sanchez: Whether we have a race in downtown Miami or not, you're interested in doing this in Miami? Mr. Gray: That's correct. And what we're doing is promoting the Grand Prix in Miami. What we want to do is strike a relationship with the City of Miami. We feel it's very important -- Commissioner Sanchez: 1'nt sorry it took 12 years for that relationship to start. Mr. Gray: Well, again, we've only been this for a short number of years. And the Winston Cut) Race has only been there it Icw years. Had we been here earlier -- and it's again something we've been looking at for a long time. 1 expressed that at the last meeting. This isn't it new concept just because of the street race. This is something we've been looking at for a while. We'll move it forward and there's -- it scents like a lot of interest in Miami for the event, and we look forward to running the event. Commissioner Sanchez: Yeah. Mr. Gray, As the Chairman of Bayfront Park, we welcome you to come to our Trust meeting and start the process. I think it will be great lirr you and the City, and we could help I-Iorttestead out. Mr. Gray: Again, I need to encourage you to take any kind of exclusive language out of the agreement that precludes us from doing that event. Thank you. Mr, Graham: .lust a couple of comments about deal points, if I may. And I comment on these, because acknowledging We have not seen the full, final document yet, this is -- these teats have been in every document I've read up to nOW. I would recommend to you that you require audited financial statements 1'rotn Raceworks. 'They're your partner in this venture. The City's financial statements are audited, open to (lie public. You certainly deserve, from an audited statement, to know what your partner 's financial condition is. That is important for a number of reasons. Number one, the gentleman who gave the economic impact analysis indicated that for the infrastructure, initial capital required to do what was necessary was three million dollars ($3,000,000). The City docs not plan to put any ofthat up, as I understand it. So the City should want to verify that Raceworks, in tint, has three million dollars ($3,000,000) betbre the City starts advancing money that it has to get back within a relatively short period of time. Number two: Capital is very important to withstand loss. You've heard many times that 27 of 29 street races in the United States have failed. This particular street race has a high hill to climb if, lbr no other reason -- and there are other reasons -- but if for no other reason, because there is another sports car race in the same market within the sante lime frame. It's going to make it rttore difficult for both of us. In the city of Denver, for one example, in two years street race -- the promoter of the street race there lost in two years seven million dollars ($7,000,000). There was a five-year contract to do street races for fi4c years. In two years, the promoter cancelled and Filed bankruptcy, with liabilities exceeding assets of seven million dollars (S7,000,000). Now, if that occurs, even with the protections the (:'ity might build into a contract, 1 would think you would want to be assured that, given the history of street races, you're dealing with somebody that has enough capitol to withstand losses, and that could only be provided by an audited financial statement. But this next thing I -- to me is the crux of the matter. I've scratched rrty head, and don't pretend to be all knowledgeable, by any means, but 1 scratched my head over 215 July 26, 2001 6 this: Why would a promoter want to come into a market that is already trying to develop a sports car race and put on another sports car race in the same market when there is a history that when it ran in the sante place you're going to put it, in the streets, it was necessary to move it to a pertuancnt -- why would somebody want to do that, especially in competition with one here? The likelihood that the race operationally will make money, in my opinion, is remote. So what would be the economic motivation of somebody wanting to do that? i believe that the real motivation here is to try to get something slatted and sell it. And the provisions i have seen in the contracts that 1 have read call for the City to get five percent of the proceeds of a sale, after certain deductions, and the promoter to get 95 percent. 'That's where the real potential money is in this thing. And part of the market value that's determined by the analysis -- please let lite finish. I don't have far to go -- has to do with the worth of the enterprise when it starts. If they sell it, you're going to get live percent, according to the latest contract I saw. of the appreciation. You are, in my view, a 50 percent partner in this thing. This couldn't take place without your streets. You've provided the venue. It couldn't take place without yon granting this agreement. If you settle for five percent, you're going to be shortchanged from what you really should get. And, furthermore, if you don't get an audited statement to see "fiat the worth is going in and what the capital is going in, then there is no reasonable basis to compute the appreciation. And if that's overstated in the beginning, if it's over valued in lite beginning, then the five percent of what you do get., which should he 50 percent, is going to be much less, Thal, I believe, is the real economic goody in this, because 1 don't believe it likely that the races will make money. So I would encourage the City to look very hard at that particular provision in the contract. I'll not say any more about terms until we get the contract and look at it. It would be premature in the absence of the actual document to do that. But let me close with this: I'll repeat that we have a seventy million dollar ($70,000,000) investment in this market. Our races provide favorable economic impact to the City of Miami, We're trying to grow that. We would like to be your partner in growing that. We're especially trying to build stock car races. This is going to cause confusion in the marketplace, and based upon the well-documented history of failures of'street races ;n the United States, the likelihood for success is remote. I just think this is it lose/loscilose for us, and would ask you to strongly look at the concept as well as the agreement. And of course, we'll comment on the agreement at the next meeting. So thank you very much. Vice Chairman Gort: OK. Before you go, please, 1 want to make sure, because we have a lot of press here. We have a lot of people here, and this is being televised. lite statements that you have made about the contract, it's an old contract back in 1985, not her an existing contract that we have today. Mr. Graham: No, sir. I am referring to drafts of the contract that were proposed for this tittle. These ar'e not 1985 dOCtIIIICIItS, Vice Chairman Gort: But it's not the ones that arc here today in front of us, Mr. Graham: It is not the final document that I understand has been drawn. Vice Chairman Gori: OK. And 1'd like to tell you that I appreciate it very much, your presentation, because, thanks to your presentation, we're going, to get a better deal. We're going to try to propose a better deal. 1 personally feel -- and I'm in the private industry, and you sec a 216 July 20, 2001 Ii1ZlfARD lot of times, when you have a change of restaurants that brings people in, people go to the different restaurants. 1 think -- and 1 don't know much about your business, but i think this would make it even better for Homestead and for the City. 'that's my personal feeling. And, once again, I'd like to say state that. Mr. Lopez: Mr. Chairman, the last ,ndividtial I'd like to introduce to you, and then I'd like to Close on our side of the presentation is Al Garcia, who is Vice President of Operations at Homestead -Miami Speedway. He has served as track construction supemsor. ENIS Coordinator, Track tilanager, Director of Operations at over 25 races in different cities throughout our country. And Al 's presentation will be directly focused on the proposed racecourse and the impacts that it might have on the streets, as well as Bayfront Park. Al. Al Garcia: 'thank you, George. Mr. Chairman, Commissioners, as George alluded to, I have worked on over 25 different street races around the country, in markets like Dallas, Texas; Niagara Falls, New York; West Palm Beach, Florida; Tampa, Florida; of course, Miami Florida, and San Antonio, Texas. And I'm here just to talk briefly about the proposed course and share some of our' concerns with you, OK? The industry standard, OK, dictates that a racecourse maintains a minimum width of about 40 fbot. The way it's written is in meters, and it says 12 meters, which is 39 and a half feet, OK? As you can see in some of these photographs that a lot of the walkways through Baylcunt Park arc 20 foot wide, OK? So as ,von could sec, it will take major modifications to be able to build a course to the point where it's rateable. 'I hat would include rernoving a considerable amount of trees. 1 believe they have a mitigation plan that we haven't sten, so we're pleased about that. It also requires to move a bunch of planters, remove some planners temporarily, remove some planters permanently in some cases, remove shrubs and pave over a tremendous amount of green space. OK? In other cases, it's just not possible. If you refer to the books that were put out there, to page 44, this shows a photograph of where the racecourse would go underneath the People Mover in downlow'n Miami. OK? Now, some folks and promoters will tell you that their sanctioning holy, professional sports cars has approved the course. And they're certainly entitled to make any concessions they see. fit. There's no doubt about that. But the one thing they cannot change is the dynamics and the physics of the racecars. The turning radius, the steering racks, all these things that make this an Unsafe situation when you're racing these cats that are capable of running 230, 240 miles an hour, in this instance, in a 24, 23 -foot racetrack. OK? Another problem is going to be when they reach Out and show this Proposed course to the insurance companies. i know, for a fact, from going down that road many, many times before and trying to get circuits approved, that an insurance company will not write a policy on a course that's less than 25 feet wide, OK? So, what we feel is, we feel strongly that this course layout that you're seeing now will change considerably, because we Icel it's not possible to race underneath the Metro Mover, the People Mover there in downtown. Also, people thut have been to races can tell you that the nerve center of any racing facility, of a race of any type, is in the paddock or garage arca. This is the area where they park all the tractor trailers that deliver these beautiful race cars and they put tents off the side of these trucks to actually work on the race cars. OK:' When they wreck, they have to rebuild these cars, they have to change brakes, they have to change motors, they transfer fluids. This is also in area where they store lite], where their tire supply is set up to mount and dismount tires, OK? This area, frorrl experience, we'll tell you, we need at least eight to 10 acres, OK? This has not been identified. We don't know where this is. We were at it mccting the other day, and Raccworks stated that 217 July 26, 2001 there will be no hazardous material stored in Bayfront Park. So if there's eight or 10 acres available on this racecourse to house the paddock arca and the garage area, we're not aware of it. And I'm sure we have a plan for it. We'd just like to kind of take a look at it, and I'm sure that's a concern to you all, as well, OK? So another thing I'd like to comment on is how we keep saying how it's not going to impact the park. OK? I suggest that you look at their design carefully and see what needs to be done to this park, and in the arca in front of Bayside, in the way of removing planters pennancritly, removing large mature trees. And they can plant them back, and if the tree dies, they'll put two Irecs for every one they killed, and all that. But the fact of the matter is that the park will suffer considerable changes, OK? Thank you for your tine. Vice Chairman Gort: Thank von. Mr. Manager, you should take advantage of all -- Mr. Manager, you should take advantage of' all the expertise that we have here and see if they can help us with the shortfall that we have on the budget, with the thirteen million surtax. Mr. Gimencz: Ycs, sir. Vice Chainman Gort: Ycs, sir. Mr. Garcia: Be happy to do that, sir. Mr. Chairman, I'm delighted to tell you that 1 will be the last speaker on our part and as a result of what the have been shown in terms of the deal, the documents, we've given you, I think, our hest expertise In understanding, not only the financial, the economics, the history, as an industry, the expertise that we have, I think has been shared With you, and I would like to close, hopefully on a high note here, with regards to the fiduciary obligation that slate law puts upon this body before it considers allowing a race like this to take place. The board before you is a copy of state law that, in fact, was passed some time back to allow the City of Miami. specifically, to put on these races, and I'm sure that the fbiks at Raceworks are familiar with it and I'm pretty confident your City Attonicy's Office is familiar witlm it. I'll get to that in a minute. But I think it's important that the public also understand, Mr. Chairman, and Commissioners, that since July 101h, substantial improvements have been made to your deal ten -ns and the structure of your deaL We've seen drafts of the document and we think: that you're obviously heading in the right direction il' you make a decision that this is what you want to do. But there are other requirements that govenlments should honor and meet as it reviews this kind of activity. E..nvironnlental issues that have been raised, although not directly a jurisdictional issue for this body, but certainly an Issue that should be considered. I can tell you that other cities have included hazardous materials handling terms and conditions in their agreement, and the reason you may not see one in this agreement -- and I don't know if there is because I haven't seen that final version -- but is that it is onerous and it requires some sensitivity, some bonding, some very careful dealings. The Denver deal, in particular, which raced through a park, is of interest, 1 think, to your City Attorney. And we'd be more than happy to give him a copy of that deal, so you can consider what, if anything, you want to put in that to deal with the hazardous handling of these materials on or off your park. The maintenance of traffic in the area is of equal concern, although not all Clement of your (teal, and it should be considered when you're taking public testimony arid input. 1 think you need to deal with it. I know Will), has probably looked into it, hilt this record does not include that maintenance of traffic plan or what are the solutions fir it, and I beg to tell you -- 1 nmean, I'm sorry to tell you that as soon as that becomes public, Pill pretty sure others may raise concerns about it -- folks in 218 July 26, 2001 our building and in other buildings. So on ,drily 10"', we suggested to you that that'd he an important document to have. We haven't seen it. If's not been made public. But if %%c can see i1 before: August 9"', we'd he happy to comment on it and give you our input. The mitigation plan, we're happy to take a look at and I'm pleased that, you know, there was announcement that one existed. It does exist. It's been made part of this record. Certainly, I'd he happy to give you our comments on that. But mitigation plans that deal simply with the vegetation or not necessarily inclusive of all the issues that you should take a look at. And Fin m at this pnint going to talk to you a little bit about that state law. It's the risk associated with the safety and health of the people who visit as patrons, who race, �%ho put on these activities, who are part of the promotional teams, that are sponsors teams, and more importantly, those mechanics and individuals that are going to be there. No pian has been provided, and state IaW requires that that be certified. John alluded lo, 1 think, some very intportarit finar►e•iai conditions that you need to take a look at, and I'm going to walk over to this board in a second. But the important thing here, Mr. Chairman. is that state law requires that you do that befi►rchand, as it condition precedent to allowing this race to go forward. So we've talked about this. 1 think you've talked about it, but financial records of the company, the I.L.C. its investors, its composition. I think, as good business people, you would want to know wouldyou're doing business with. And there's no question about the honorability of these that are here today, bill their financial capability to put on that race, guarantee it, pay tiiv fees, and bond it, if ncccssary, to make sure that the City is held harmless, hat more importantly, that they get the right insurance, and more importantly, provide for a third party interest that might be affected, l et me walk over here for it quick second and then I'll cone back to that third party interest. Mr. Chairman, very hriefly, 1'd like to reintroduce you to Florida Statutes. Chaptur 549, specifically 549.08. And there are lour conditions. And your County Attorney has done an admirable job referencing that statute in your agreement, at least the version that we've seen. And there's tour very important conditions you all need to take a look at. The person applying for the permit has adequate insurance to pay any damages incurred because of loss of or injure to any person or property. You address, in part, those ler•nis in the draft than we've seen. The adequacy of that insurance is going to be reviewed by your Risk Management folks, and 1 think that should be mails part of the record, if you feel that the number and the amount is adequate. Second, that the person applying l'or the pe ntit has demonstrated experience in conducting, a race event on a highway, or street ut in a park. Now, know some o1' thcsc folks, but I'm not stire they've actually put on these races. They've been promoters. If you look at the entity that's signing this contract, that entity has no experience. You have to rely on the experience of the individuals. .And 1 think if'you want their curriculum vitaes on what they've done in the race world, how they've promoted these, what kind of financial arrangements they have made, 1 think rhos : are important and they're all necessary before you actually can execute the final permit allowing this race to ko on. And we consider that that is a condition precedent to executing any agreciilent that would later bind the City to having to issue that pennit, which, by the way, is another clause in your agreement. Number three, that adequate security and necessary facilities will he provided during the racing event. tell you, we haven't seen any, hilt I'in sure Willy can come up with exactly the layout. He did an admirable job in designing the Homestead facility. And i think he can do that, but it's not part of this record, and we contin►ie to tell you and hope that you will believe us that it is it condition precedent for you before you proceed. The last one is, 1 think, the most important one to the public in general, and that's your fiduciary obligation to look out, that the person applying for the permit has demonstrated -- has deinonsuutcd, not will demonstrate -- has demonstrated the 219 .duly 26, 2001 �I�x�>rrt�y ability to protect the health, safety, and welfare of the citi/ens of the municipality and those persons attending the race event. With that, Mr. Chairman, I think we have given you our hest expertise as it relates to how we understand these events to take place. I think it's very important that we provide you, if we want to be a part of this meaningful debate, with all that we know and can come up with, so that you can have a better deal. And we commend your staff and your attorneys for doing so. And we feel we've met that obligation here today, and hope that we can do so if we see the final deal on August 9"'. The last point tier this record, and it was unrelated to Raceworks, but the third party that appeared before you, which is Bayside. It is our understanding that Bayside, in fact, has a lease agreement with the City. The terms of that lease agreement may he affected by the deal that is being negotiated and considered between Raceworks and Bayside Marketplace. First and f1wemost, that document is not public, and we hereby make a public records request to you and anybody who, associated with this goven,ment, has any copy of that document that we could review. But fundamentally, if, in fact, the interests in that lease agreement are affected, 1 want to remind you that your Charter requirements on reterendunts may be triggered. And we will cetlainiy be taking a look al that condition before you proceed. Mr. Chairman, honorable members of the Commission, thank you very much. We look Ibrward to any of your questions and certainly returning on August 9"' to give you further comments. Vice Chairman Gori: Thank you. Appreciate it. Mr, Bermcllo: Mr. Chairman, may i? Could 1 go through our rebuttal on sonic of these points? Vice Chairman Gort: We still have a few people here. You'll get a chance fitr rebuttal. Make note of all the statements being made, and you'll get an equal opportunity to rebuttal. Dan Patti: Mr. Chairman, members of the Commission, i will he very short because the hour is late and i don't want to repeat anything that's already been said, and -- but again, you know, we were promised last time, at least five days before this meeting, we would have this agreement, and that we could make much more meaningful statements, and help to you if we'd had it. But wve haven't. i only have a draft agreement, which I got at G o'clock yesterday. Vice Chairman Gort: You did better than we. V1 -'e got our just a little while ago. Mr. Paul: Right, So, you know, I'm speaking from that particular draft. But two things that 1 think are very important that the draft I've been through is weak. One, you clearly need -- and it has been mentioned before; -- financial statements, not just at Raceworks but ofthe promoter, the gentleman who comes Isere grid speaks to you, because he's the one -- Raceworks is just a shell. It's created to do this particular race. And you need to see what kind of- financial wherewithal stands behind these agreements because there's also a serious 11aw in the indemnity agreement, the wav it's worded in here. The City is not covered, for any kind of accident that occurs for W anything that may have been caused by the City. ell, you're going to build a racetrack, and you can be sure that, if there's any accident, it will be claimed that it was the City that didn't smooth it out, didn't make tite turn right. That clearly needs to be clarified in this agreement. The most important thing is this question of how long the public is going to be shut out of the park. And the term sheets do not agree with the draft in the agreement. And I'm going to read you just this 220 July 26, 2001 $111SY Mx short paragraph, because it seems to tile that this has got to lie clarified. Use period -- with quotes around it -- is the period of time allotted for the setup, presentation, and dismantling of a racing event. Unless otherwise agreed in writing by the City and the Trust, the setup period shall commence no earlier than 45 days prior to the first date of the race event, and dismantling shall begin immediately upon conclusion of the race event, and shall conclude within 30 days thereafter. The City and the '(Must makes then tate use period for a race event, should licensee require a longer period for setup and dismantling the same. Now, if you add those up, that's almost six months time for setup an dismantling. And you cannot possihly live with that and still think that you're conducting a park. But there it is, and I'm reading it to ,you. It's on page 3 of this draft, which you passed out. i couldn't here you, .tolut. Commissioner Winton: We have an answer to that question as relates to the park, so -- Vice Chairman Gort: Let him do that, let him do that. Commissioner Sanchez: And it's not six months. Mr. Paul: Wei I, if you figure up the days and add them. and then for two races, that's six months. Vice Chairman Gum Gentlemen -- Commissioner Winton: Then he'll answer the question when you're done with your question, so we'll Set to that. Mr. Paul: All right. Well, I'm just about done. But i mentioned the fact that you need financial statements, not just of Raceworks but of the promoter. And one thing i haven't heard mentioned at all, which you haven't factored in the economic picture here, and that is your loss of parkin; revenues in those center islands along Biscayne Boulevard, all of which are going to be taken up by the race, and depends -- that's again why the use period and setup period is so important. I'm sure that the financial Oversight Board will take a good hard look at what you're giving up for what you're getting. i won't take more of ,your time. I'm delighted that -- I was afraid you were going to try and vote orr this thing and race it through today when nobody had time to even look at it. Vice Chairman Gort: We're not voting on this today. We said it from the beginning that it's going to vote on it on August the 9t". So everyone will have a chance -- and I'm glad we have so many people that really are worried, and they're concerned about the City of Vliartti. I hope that concern will continue and help us solve some of the problems we have today. Thank you. Mr. Paul: I'm concerned about the park and that's why I'm here. Vice. Chairman Gort: Well, I know. You've always been, and you've being a grout man for the park. And we appreciate it. Ycs, ma'am, 1 think this lady has been wanting to talk. Contntissioncr Winton: But can .lay answer his questions specifically on -- 221 July 26, 2001 Vice Chairman Gott: Yes. Commissioncr Winton: -- on park use? Commissioner Sanchez: I think it would be fruitful if he did. Vice Chairman Gort: Go ahead. Mr. Constantz: To clarify the issue -- Jay Constantz, Bayfront Park. To clarify the issue regarding the park use, the promoters are limited to seven days setting up in the park before the race and two days -- they have to remove the materials in the park by two days after the race. Commissioner Sanchez: So, just for point of clarification, what exactly are going to he the days where the public is not going to have access to the park'? Mr. Constantz: The public technically will not have access to the park seven days prior to the race events and two days following -- Commissioner Sanchez: So nine days? Mr. Constantz.: -- while the materials are -- well, nine days -- seven in Dont, two behind and then the three to four days of the actual events. Commissioner Sanchez: OK. Vice Chairman Cort: 'Thank you. Yes. ma'am. Dolly Mac Intyre: My name is Dolly Mac Intyre. i live at 1835 South Bayshore Drive. I'm here to say that I'm opposed to street racing, whether it's on a fancy track or whether it's teenagers on our City streets. I also am here to say much the same thing that Mr. Paul said. One is the concern about the time this park is going to he out of commission to its owners, and that's us. And the agreement, as Mr. Paul said, talks about almost six months. And I don't know where the seven days and two days is coming from. it's not in the agreement that I saw. The other thing is, I understood that -- I thought I heard the promoter saying that they were going to spend thirty million -- thirty million, not three million on infrastructure. Was i -- did hear incorrectly? Thirty is correct. Vice Chairman Gort: no, incorrectly. Commissioncr Winton: No. Ms. Mac Intyre: Oh, three is correct? Vice Chairman Gorc That might not be the amount. I don't know where they got three from, but that's not my understanding, no. 222 July 26, 2001 • (INAUDIBLE) Vice Chairman Gort: Beg your pardon? Ms. Mac Intyre: Well, whether it's three or whether it's -- • Commissioner Winton: The economist said the economic impact of the less --just a shade under million dollar infrastructure improvements that the promoter is going to have to put into the City of Miami. The total economic impact with the multiplier effect, which is all the economists do, is a three million dollar ($3,000,000) impact to the City in terms of positive economy. That's what they said. Ms. Mac Intyre: Well, I -- you know, I took pretty good notes on his statement, and he talked about having forty-two million dollars ($42,000,000) being the multiplier effect when it was all done. But in any event, whether we're talking three million improvements by the race developer or thirty million, it's got to impact the park, You can't spend three million dollars ($3,000,000) and snake some -- and not make it difference in that park. And %�,e would all like to know how you can temporarily stove trees. I have only read this brief synopsis that came off the Internet yesterday, and it scares me. I hope that your final agreement is a lot better. This, for example, seems to show no payment to the City until thirty days after the race, and that's only fifty thousand dollars ($50,000). So 1 don't know if that's what's going to be in your final agreement, but please be responsible. Thank you. Vice Chairman Gort: Yes, ma'am. Thank you. OK. Sir, you have a few minutes for rebuttal. Yes, ma'am. Jane Theede: The gentleman is yielding to tile. I'm Dr. Jane 'I hcede, 150 Southwest 7t1i Street, Miami, Florida. Commissioner Gort and Commissioner Rcgalado, it's good to see you again. Commissioner Winton and Commissioner Sanelw., I ran against Maurice Ferre in 1981. I did battle him until about `85, when I had chronic fatigue syndrome, and again, in '93 when I had breast cancer, but I'm on my feet and I'm back fighting again. I came here for another problem, but as I sat here and 1 heard the people front Homestead come in and insult our intelligence, insult our City Manager, insult our City Attorney, 1 am appalled that y'all sat there and didn't tell them to go home. (APPLAUSE) Dr. Theede: But Plummer was used to this. Commissioner Sanchez: I'll tell you who got the closest, the guy at the end. Dr. 'I'hcede: Well, 1 came awful close to coming up here and telling them. But, at any rate, 1 think that those of you who have not been around very long need to know the full story. Ralph Sanchez came in here and xvas spoon fed by a group of politicians. The funds were not ever totally and completely accounted for as best as I can tell. He Icfi its when we started demanding an accountability. As far as street racing being dangerous, Dale Earnhardt, lost his lite on a 223 July 26, 2001 �u�rr. course. I'm front Alabama and that hurt rite. But the thin; of it is, I am very offended by it group of people who cannot manage their own business coming up here and telling its how to manage our business, when we have worked hard for it. But the thing of it is they made statements, one, that it's going to hurt their racecourse. high school economics taught me that one nightclub only does so good. Two close together does better, and whole bunch of them close together, everyhoody does well. And this is true with almost any function, And as a retired veterinarian, as much as I hate to say this, a bunch of veterinarians clustered together do hettcr than them scattered throughout. So this was weak. But my biggest offense was in the fact that they demanded to see a contract that was still under negotiation. What kind of an insult is this, you know'.' 1 can't conte into somchody's office and say, "You're competing with me and I Nvant to see the contract." And i think that some kind oi'Ictier (I!NiNTL,LLIGiBLF.) write these people it letter and lel) them that i complained and I really don't think -- Now, 1 appreciate what they said about we should look at the various factors. But I think we already know these tactors. We've got all there old contracts with Sanchei. Wc've got experience. And these cars cost, according to the gentleman, from a hundred to two hundred thousand dollars (S200,000), plus the life that's inside of it, Now, they are not going to build a course that is going to ,jeopardize anybody. That hurts them more than it hurts file person that got killed or hurt. And I think the whole thing fruit t)te City of Homestead, is ridiculous. And I'll he honest with you. I don't want the racetrack because I have to listen to the noise. I only live a mile from it. But if it's going to help the City of Miami and help bring in money, help bring in even temporary employment, we need it desperately. I walked these streets when 1 ran for the Mayor of Miami and cite City has gone downhill since then. And I thank you, sir, for yielding to rile and I thank each of you f'or listening to tile. (APPLAUSE) Vice Chairman Gort: Thank you, ma'am. Ycs, sir. Mr. Bermello: If I knew how good she was going to be, I would have yielded much earlier. Mr. Chairman, 1'd like to address sonic of the issues that have been brought here. I mentioned earlier that I totally respect our friends on the other side fin• saying what they have said, even though i disagree with them, but I think to allow some of these comments to go unchallenged really would be a disservice to everybody here. So if I could, I'd like to touch bases on a number of these items. But first, 1'd like to introduce a person that 1 was remiss in not naming when I first introduced some of our friends that came to visit with its, and 1'd like to have stand up Mr. K.P. S011CS. He is IIIc president of SECA, which has more than sixty thousand members racing in the U.S. Thank you, K.P., for being here today. (APPLAUSE) Mr. Berntello: You know, we've heard some conflicting continents that street races don't make money and fail, and then others, like Homestead's consultant that said, Miami had it very successful run. You know, if -- and I'm kind of technically challenged by the Internet. But every once in a while, you know, with my secretary 's help, I do get sonic information. Public companies, like 1C, they have their filings on tile. SEC (Securities and Exchange Commission), where they say what they own, what they make, el cetera, and if you go there, you will find -- 224 July 26, 2001 and Commissioner Regalado, I'll pass this along -- that they own eight percent of i.ong Beach Street Course. Actually, it's a bunch of our most famous street courses in the world. Happens to be in California. Ifthree courses are such a bad deal, why still be -- Mr. Lopez: Willy, if you don't mind -- Mr. Chairman, just to clarify on that eight percent. It doesn't exist. It's not a fact anti i just want to make sure -- I'm sitting down. Vice Chairman Gort: Lxcuse tile. OK. fine. OK. (UNrN1 ELLIGIRLE) we didn't interrupt you, OK. Mr. Rennello: Let me continue. I.et me continue. The cities of Denver and Washington, U.C. have just approved street races. The venues of Long Reach, and ilouston, and Montreal, and Toronto, I think those are the kind of venues that people in Miami want to bring back. 'l he City has been criticized and 1 guess RaCCAvorks has been criticized for not making all this information available sooner. As a matter of fact, today, we were still negotiating with the Manager, and 1 think it was like 3 o'clock when we made one of our final decisions. So, it's not an attempt not to disseninatc. I don't think there's been a contract that's been so discussed in the media, in the public eye, as this one, and will be in the Internet again. I think to say or give the inference of being otherwise is not being very sincere. One of the issues that was alco brought lip was the issue of dilution, that this dilution -- that this race in Miami will create dilution or create confusion. There's too much -- I think that's an insult to our community. 1 think that's saying we're not sophisticated. I think that's saying we're not big enough, that we're small town. And I think, at least Colks On one part of this chamber feel otherwise, and I would hope this entire Commission would also feel otherwise, that we are a cosmopolitan city and that we can have a race in Miami that does not have to impact the Cite of Homestead or 1SC in their races. Which brings tnc to the Race rest. Now, very interestingly enough, the president of ISC said, you know, we want to give you this fest. And that's very nice, and we think it's great. But if you notice what date they specified that they want to give ,you the race it's in the days that's we're setting up on the park. And he mentioned exclusivity, because lie knows very well that our license agreement has no exclusivity, but front a procedural, logistic standpoint, when you're going to set up anything, you need sonic time to set up, if you're inviting folks for guests at your house, you know, that day, you're going to be snaking preparations. You're going to prepare the recipe. You're going to straighten things out. You're going to be cleaning up. That's not the day you pick to do something different. So for them to come and say, you know, we want to do a festival while you're setting up, I don't know-. F,ither it's poor planning or there's some -- something 's going on. It's interesting to note that one of the conditions that was placed by ISC on the forrner owner, or promoter of the Motor Speedway in I loniestead was, in fact, they would not allow their audited financial statements to he part of that agreement. Arid they are coming to you to say you should have this. I can't understand how you can be so -- oh, this is good for you, but it's not good for me, and what's good for me is not good for you. I think one of the gentleman said that the only way that the promoter -- he's saying, why are these guys interested in bringing street racing hack to Miami? Ile says, well, you know, I just figured out the only way that they're going to make money is when they sell. If' that's (lie only way, why would somehody be so stupid to buy'? I r'oean, figure that one out. 1 mean, it's like voodoo economics, You know, Al Garcia is very fortunate, because I think he operates a facility that, in my opinion, still, today, is second to none. Ilomeslead Motor Speedway is a noble course that, really we, in 225 Julv 26, 2001 IIIIIiyjlT- - South Florida are very proud of. I'm very proud of because my company designed it. I think it's an itcnm of community pride. But Al -- and I hope you're listening to this -- I want you to know that the Bayfront Park Management 'frust approved by five to one our layout, our plans, and there's a very big difference in issues -- relativity for you to be critical of the fact that we may have to relocate, and it's not temporarily. It will be permanent. When we replant the trees to replant permanently, five palms in Bayfront Park, and in your plans right now, you're looking at the possible paving of 231 acres for additional parking for the Niotor Speedway. How can you criticize u, from an environmental standpoint when that's going on? And as far as the road course, the sanctioning bodies here, they will address -- After I finish. I'd like to have Scott Atherton speak. You know, we have our ducks in a row. We have our insurance with KK Insurance for twenty million dollars ($20,000,000). We are set to go. And I hope, after all this smoke clears -- I know the Commission can obviously see, and 1 know the administration sees through the smoke and the transparency of sonic of these comments -- we want to bring racing, back to Miami. And, again, 1 commit to you that we don't want to do anynhing -- and that the first tinme, I mentioned this back on July 10`x. When i thought that our race was going to he in direct conflict with Homestead, we said, we have to do everything possible to change file dates. But they're not. And that really will he the only issue, And in terms of promotional aspects, i think it's instilling to our intelligence to think that the general viewing audience or the racing fan doesn't know the difference between a NASCAR race and a Le Mans race. Who's kidding who? So after all is said and done, I want to thank you again, But before we close, I'd like to, Mr. Chairman, with your indulgence and fellows members of the Commission, to have Mr. Scott Atherton -- he's President of the American Le Mans, who's here today with Dr. Panoz, not only to respond to sonic of these issues, but I think also to reconfirm their commitment in working with us many making this race a success. Scott. Scott Atherton: Commissioners, members of the staff. Scott Atherton, 1394 Broadway Avenue, Braselton, Georgia. As mentioned. ]'in the President of Panoz Motorsports Group, which includes the American Lc Mans Series, and I just need to comment briefly on sonic of' the statements that have been made. There were comments about -- from Mr. Frost, a current groundswell ot'reducing or reduction in temporary street circuits and an increase in permanent circuits. I think conveniently, we continue to forget and fail to mention some of the other street circuits that are -- continue and have been enormously successful over the years. Toronto, Vancouver. it' you want to really take it to a global scale, as this event has been positioned, Monaco, Le Mans, all events that are run on public streets. We can't steal their thunder, but you heard from the promoter of a potential Washington, U.C., American Le Mans Series race. Within the next 10 days, there will he a very significant announcement regarding that market. What's consistent with all these vcnucs, they're international, they're cosmopolitan, and Miami certainly tits that bill. Mr. Graham commented about the potential conflict of positioning this sports car race with a sport car race that they're attempting to build at file Miami -- i lomestead facility. With all clue respect, there is very little in common with the American Le Mans Series and Grand Am. You heard from Len Hunt, President of Audi of North America today. Our cars are -- our teams are factory backed. They're the best. They simply don't deliver the product that the customers want to buy. People vote with their dollars and there's it reason that spectators rine not a hallmark of the Grand Ain Series, The American Le Mans Series delivers in that category, second to none. Mr. Frost also made conmments about (lie operational expertise an experience of the group. I would like to remind the Commissioners that among our group, which will be very 226 July 26, 2001 activity involved with this race, includes 'like Clark, who is the Vice President of sales and marketing for the Long Beach Grand Prix Association for 12 years; Dennis Huth, who has 18 years of experience within the NASCAR organization; and myself, who, ironically, am a past president and general manager of two ISC facilities. Al Garcia niude some very pointed comments about the industry standards of a racetrack, and the acceptability of the circuit that's been proposed. I have a lot of respect for Mr. Garcia, and I'm surprised that he failed to mention that the very nature of temporary street circuits is that they are not purpose built racetracks. Therefore, they are hallmarks of exceptions and opportunities to compromise. In preparation, before we made any presentations liere regarding this circuit, we brought in the PIA (Federation Internationale De L'Autoniobile) delegate to the American Le Mans Series, Nvho, by coincidence, is also the chairman of the FIA Circuits Committee. That's a fancy way of saying this person is ultimately responsible for approving any racetrack that conducts a national or international scale event. Obviously, he has signed off on this track and it has been deemed acceptable. In finalizing my comments, I want to go hack to something that's been alluded to by Mr. Frost, who is a well known and noted expert on the financial and business aspects of motorsports. I think he said it hest. When lie said that Miami street races have had a successful run here. We certainly agree with that. And we think, with the appropriate vote, Mianii has the opportunity to rekindle that (lame, and once again, create the long Beach of the east. Thank you very much. Vice Chairman Dort: OK, sir. Thank you. Mr. Bermcllo: Mr. Chairman, just two points for clarification. Vice Chairman Gort: Just one point and that's it, because, Mr. Lopez, you had plenty of time to make presentation. OK. Mr. Berniello: Simply, in response to comments directed to our company, Mr. Chainnan -- Commissioner Winton: We don't have to -- Vice Chairman Gort: OK. Go ahead. Coin niissioner Winton Commissioner Winton: Mr. Chairman, we've heard a lot, They've had their opportunity to say anything they wanted to say. 1 guess I'll ask the City Attorney. Are we obligated to accept additional comments from this opposing side in our deliberations here? Mr. Vilarello: The City Commission i5 authorized to control its meeting. You've offered opportunities for each side to make their comments, and you can cut off comments at the time that's appropriate in the opinion of the Commission. Commissioner Winton: And it's 7:30. We have a huge agenda yet, and this could go hack and forth for the rest of the night, if we wanted it to do that. And, frankly, I'm not thrilled about doing that at all. 227 July 26.. 2001 IIIZIiM$ Vice Chairman Gort: We're going to close the public hearing. We'll be back on May -- we'll he back on August the 9`h, and I'm sure you're going to be able to make a whole presentation. Mr. Lopez: If 1 may -- Mr. Chairman, i just want to -- and 1 think your attorney would -- agree, sir. And all 1 need to put on this record is that -- Vice Chairman Gort: Go ahead and put it in writing. Give it to the Clerk and to the Attorney. Mr. Loper.; OK. The— a publishing of a statement that is with disregard to the truth is liable. Commissioner Winton: Mr. Chairman? Unidentified Speaker: Yes, sir. Thank you. I'm one of them dogs, sir. 1 apologize. Vice Chairman Gort: Go ahead. All right. There's a resolution that was drafted. It was passed around. The maker of the motion. Commissioner Sanchez: Mr. Chairman, I strongly believe that this event will benefit the economy of Miami. l have in front of me it resolution that 1 am prepared to move. It's a resolution of the City of Miami Commission, approving, in principal, the negotiated agreement, in it form acceptable to the City Attorney, related to Raceworks, LLC, City of Miami and Bayfront Park Management Trust, for the race motor sport events at Bayfront Park in downtown Miami. And it's substantiated in accord with the terns and conditions identified in the proposed agreement between City of Miami, Bayfront Park Management Trust and Raceworks, LLC, attached and incorporated, the Raceworks, LLC, American Le Mans Series, course, site, impact assessment and mitigation plan, attached and incorporated, encompassed pages C -I through C-5 of the legends o f the proposed course layout, attached and incorporated. This will conte back for final vote by this legislative body oil August the 9"'. 1lowevcr, 1 ask that the agreements must have a security instrument in a florin acceptable to the City Manager, or prepaid for the work to be performed for the intrastructure improvements in the area. So moved, Mr. Chairman. Vice Chairman Gort: It's a motion. Is there a second? Commissioner Teele: Second. Vice Chainuan Gort: OK. Any further discussion? Commissioner Regalado: Mr. Chairman, comments. Vice Chairman Gort: Yes, sir. Commissioner Regalado: 1 think that the latest report that we have from the Manuger just a few minutes ago, it is what we were seeking all along from the time that 1 tried to signal some concerns. And I think that it's like everybody supports the races, but there was concern. And, frankly, I was very concerned that the residents of Miami will end up paying nine hundred and fifty thousand dollars ($950,000) or 900 or whatever dollars in exchange for nothing. The fact 228 July 26, 2001 that this plirase has been just incorporated by the Manager, Raceworks will either pose a security instrument in a form acceptable to the City Manager or prepay for the work to be performed for the infrastructure improvement. That is a guarantee. Although, I'm it little confused for 1 heard from the Manager. You said that they need to place like a small bond and then we'll do the work, and then we'll use that money I'm not sure that I understood that. Mr. Gimenez: The concept is -- and that has to lie -- you know, the legal wording has to he worked out that at no time %will we perform work that we don't have coverage for. Com ill issiotier Rcgalado: OK. 11y -- you know -- when I said what 1 said on the last meeting, and when I met with Willy, I said, look, the only way that 1 would vote for this is if this is at least revenue neutral. So I think that we're betting some money. I was hoping that the City will not spend it single penny. I would even -- I would even say that it is not of my priority to make money directly from the promoter:, but rather that we secure an air light contract that the City, the residents will not have to spend any money at all in -- if we have some gimmick there, you know. Ifyou go over this, we -- the City wvill pay. So i would rather not make money and have the City come clean, and put that show. So my view, Mr. Nianager, is that, you know, when you bring this back, it has to be sonw assurances that at the end of the year, we will not end up paying two hundred thousand dollars (5200,000), or one hundred thousand dollars ($100,000) or. whatever. You know, I don't agree \pith the gentleman from Homestead that if they want to do this, to sell it, hecausc, like you kno\v, Mr. Bermello said, I inean, if they don't make money, who's going to buy it any way? Bill i do think, I do think that we need to have an airtight contract that frees the City of any payment at all. Even if we don't make a lot of money. But we need to let the record know that. And that is my vole. 1 am voting for this concept, but 1 will be voting on the next meeting, only if we have an airtight contract that the City will not have to pay anything at all. Mr. Gintcnez: Yes, sir, Commissioner Sanchez: Mr. Chairman? Vice Chairman Cort: Yes, sir. Coni nissioner Sanchez: if I may just -- I think that congratulations arc in order to the City Manager and the administration. These negotiations have gone on for quite some time. I am here to tell you that although this is a better deal than the one that was presented to us the last time or proposed, let me just say that I don't think in the history of the City of Miami, in 105 years -- and today we cut a cake celebrating those 105 years -- the City has ever even proposed a contract where we would be sharing gross profits. So if it indicates anything in the City of Miami, it is that this legislative body, the administration, is doing everything possible to negotiate a better deal. "There's always going to be criticism. Always. 1 don't care -- there's always two sides to every mountain and today you saw a pertcct example. It's all about competition. You had two companies that came forth. I commend both sides for doing everyKhinb possible to accomplish their goals. But i want to just slate for the record that this deal which we generate -- and if it was a long -semi investment, I would have gone with the other deal, because we had it potential with a two percent gross, within five years to break even, and then in 229 July 26, 2001 10 years to make close to one point six million dollars ($1.6 mullion). But being fiscal conservative, no matter what, it's a win-win situation for this City, a win-win situation for downtown, and a win-win situation for the economy of downtown where the merchants continue to suffer. And Commissioner Johnny Winton, you stated today that we may have a possible crisis in the future, maybe months or years to come, in downtown because the merchants are complaining that there's not enough business. Well, hcy, listen, we could tither do two things: We could sit on our butt here and do nothing or we could create ways to hrinb revenue to this City and try to erase a statement that 1 could never swallow, and it's when arrogant people get in front of any microphone and they say, well, City of Miami continues to he (lie fourth poorest city in the natioil. Well, they're right. But if we continue to do things like this, and negotiate food contracts and being creative, and having a vision, this is it perfect example of what's to come for this City, and w•hal's to conic tier downtown and what's to conte from this legislative holy. And I'm not patting anybody on the back, but I'm just saying one thing. Mr. City Manager, 1 commend you, the staff I commend you, Bayfront Park I commend, and all those at Bayfront Park Trust that really -- we had one of the hardest times trying to get it through Bayfront Nark than, you know, agreeing just on the principal arguments here. Thank you. . Commissioner Regalado: And )'LLAT also got to thank the people from Homestead, They're. pressure -- Vice Chairman Gort: Sure. No, I'm going to thank Mr. Lopez later on. That's for sure, No problem. Commissioner Regalado: They're pressure, saved three million dollars ($3,000,000). Those dogs that they sick on. Vice Chairman Gort: Conlnlissioner Tcele. Commissioner Teele: Thank you, Mr. Chaimian, Let me just say for the record that I watched all of the proceedings and found, Mr. Paul, as always, your comments to be enlightening, and appreciate you taking the time to be here, as well as the others. Mr. Graham has cane down again from Daytona. I particularly appreciate the citizens that decided to speak up for us, You should come down more. 1'd like to gel you a key to the City. if I could ever convince the Mayor to give tile one, I'd be happy to give -- But in all seriousness, Mr. Attorney, the questions or the concerns of Mr. Paul need to be put in a context and we need to consider those. I don't think we ought to just take that as public input, Mr. Paul is, again, one of the fathers of our local government, as we know it today. Ile, I'm sure, sometimes wants to disassociate himself from certain aspects, be Ile was one of the architects of Idle Metro -Dade Charter government at that time, So, would you just put in -- would you respond to Mr. Paul's comments, please? Mr. Vilarello: In fact, we took notes with regard to his comments, and we will be discussing each of those in the context of the tinul document that we produce, including the impact to the park during the setup or staging period, as well as the financial issues associated with both the promoter and those behind the promoter. 230 ,duly 20, 2001 1101001" Commissioner Teele: Wcll, and I think Mr. I'au1 'S comments raise it deeper questioi that, candidly, I've not discussed with you, but 1 do want to know the answers to. 13ut it triggers, first of all, a little bit different reaction from the comments of my colleague, Commissioner Sanchez, who I want to commend him for what lie has done as the Chairman of Bayfront Trust in bringing this community again INS opportunity. 1 think the Commission again owes you it debt of gratitude for taking your job as Chairman of Bayfront Trust so seriously and on a lighter note, I was in Porcao yesterday. That's the Brazilian restaurant there at the Four Ambassadors. If the ISC people will take note of this, it's a great ►cstaurant over there off' of Firickcll that they should get to sec. T hey've got plenty of money and, you know, we need to make sure they contribute to our tax base while they're here, ton. But, boil know, there's nothing more beautiful, really, to the thin seeing the Chalks plane land in the cut there, vovernrncnt cut. But the view of seeing the para -gliders gliding across the -- what's file Chinese I long Kong -- the Mandarin. 1 nican, that is an only-in-Rlianli view. And, again, it's testimony about what Bayfront 'frust is doing with its different direction and accelerated promotion. So I respect what Commissioner Sanchez is doing. But I'm not as laudatory tonight about some of these things, because I really have, obviously, a rliinonty view about this whole deal, which gets IIIc to fv11'. Paul 's comments. I don't think, his. Dougherty. I don't think that your - Ms. Dougherty, I don't think that you all have done an adequate job, at all, ol'presenting, either to the Commission nr the public the issues that Mr. Paul has scratched the surface of. And that's, who's behind this race? And what are the real parties and interests'? I niean, I realii.c that the promoter are up front, and that's son of what it is we're doing. But I need to have it little bit more of a comfort level with sonic of the issues that Mr. Paul raised as to who's behind the race, and what is the record, and what is the corporate reputation and what are the kinds of things that it governmental body should be prudently concerned about? I mean, the numbers are fine. And 1 think you all missed a score on the numbers, to be very honest. I .%as really disappointed with the numbers, because your best argument, Lucia, you all never made. And your best argument is not the number of econotuic dollars, but the number of hotel bed nights. You know what those hotel bed nights arc going to pay for? "They're going to pay for the Homestead racetrack. That's where lhOse numbers -- those -- Every night you all generate in revenue the CDT (Community Dcvclopnlent Tax) dollars -- and this is where the. City continues to just sort of assume away the issue. We are the generators. We, the City of Miami, are file generators of' the largest amount of non-\liami Beach CDT dollars. Miami Beach cut its own deal and pulled their dollars buck and we're -- 28 percent of the total. But if you exclude the Miami Beach dollars, we're almost 40 -some percent. Homestead, by comparison, generates less than live percent of the Ci)T dollars. I'm talking now about Homestead, Florida City, and the South Dade arca, really. And so, Lucia, the best argument that you all have is not all of these high finance rll►ntbcrs of sixty million, seventy million dollars (S70,000,000). The best arguments are bring it honk. How much CDT dollars are you all Lroing to put in the pot, and how much CDT dollars is the City of Miami going to take out? Because I've got 10 tell you something. There's a disconnect. The money went to Miami Beach. The money went to homestead. liow is the baseball stadium being paid for in Homestead? With CDT dollars. And the deficit that the ISC officials talked about in a very carefully -- and they're very well. Commissioner Winton, in answering your question, the question was not, "How much ate they paying:'" The question is, "How much over the debt service and capital payment costs of the debt are they paying'.!*' I think it's going to conte out to about thirty thousand dollars ($30,0011), is what the actual dollar amount that they're paying. And then the question is, "I low much ad -valorem taxes'T' An we know sonicthtng about entities 231 July.26, 2001 like Miami -Dade, the Federal Courthouse, Dade County, the State of Florida not paying into the tax base. And what it means is, we have to shift that tax base to our homeowners and to out- business urbusiness owners. And so the point that I'm trying to make, Lucia, is simply this: I don't think you all have put our best case forward in the court of public opinion. And in the court of public opinion, this is not a good deal, it's a great deal, because all of these numbers, to me, I think, are superficial. And I think we're really arguing about marginal numbers, and we're patting ourselves on the back about the filly thousand dollars ($itt,(K)()) or the sixty thousand dollars ($60,000) that the City's going to -- That's not even the real number. "I hat's not where the real benclit to this City comes and the benefit to this County. It's a much bigger impact than that. If I can get a second, Commissioner Regalado, if' you would second the motion, i'll he happy to make it, that every -- that iiir the first year, 100 percent of whatever the City's going to get, we agree to just transfer it to the City of Ilumcstead, because: I take to heart what's being said. I don't want to he accused of being -- what was the word? Heartless. 1 mean, if we're impacting Home -- Unidentificd Speaker: And brainless. Cornmissionci-Teele: -- and brainless? OK. Well, that too. But ifwe're impacting Homestead, if this race is going to hurt them that much, I don't want the blood money of this race, if that's how they see it. Let's just transfer the dollars down there to them if some type of exchange that makes sense frrnn a business point of view, and let the lawyer, and the City Attorney and the City Manager figure that out. This is not about dollars, ladies and gentlemen, for the City of Miami. We don't need the filly thousand dollars (550,000) or the - what's the total dollars, without talking about infrastructure Improvements? What is the dollars -- not to the Bayfront Trust, because we're asking them to be -- we're asking them to be self-sufficient. And whatever they got, they got. They're not the City of Miami. They're the Bayfront Trust. But what are the dollars coming to the City.? Mr. Gintenez: I-irst year? Commissioner Teele: First year, not including road improvements. Mr. Gimenez: We're not involved in that anymore. Total to the City is one hundred and seven thousand. Commissioner Teele: Look, look, at the budget hearing. I'm going to tell you right up front. I'm going to move that we provide a hundred and seven thousand dollars ($107,000) of reoccurring cost an reoccurring dollars to the City of I lotnestead on the dollar -for -dollar match, because the point, to tile, is that we are not putting on this race for the hundred and seven thousand dollars (5107,000). We're putting on this race for the heads and butts that are going to yet in beds in the City of Miami, for the jobs that are going to be created, for the tips that are guing to be generated by the race teams and the corporate -- And let ntc tell you something. If Fiat, if Audi, if these companies start coming in here, it's going to be a great night if you're a hotel bartender, waiter. It's going to he a great night in town. Commissioner Sanchez: Cab driver, too. 232 July 26, 2001 • Commissioner Teele: Cab drivers and limousines drivers -- cab drivers? Limousine drivers, too. So i don't think we ought to really get caught up and try to syucc7,e another ten thousand dollars (S 10,000), live thousand dollars (S5,000) out of the deal, because what we're talking about is this City's image, the amount of radio, TV spots that arc going to be in Rio de Janeiro, in Paris, in Monte Carlo, that are going to be in San Paulo, that are going to be in Mexico City arc worth tens of million of dollars to the image of Miami, and that's what we're talking about here. And so I want to lie very clear on the record, whatever money -- and I'm willing to do it every year that I'm here. That may be a hint for some help down the road. But for every year that I'm sitting here, I'm willing to makc the motion at the budget hearing that whatever the net revenues are coming to the City that we work cooperatively with some type of exchange for reoccurring, whether it he we send down our ITD Onformation Technology Department), an I'I'I) staff person for a year or wc send down two police officers on a detail for a year. You know, one police officer cost us how much money, roughly? Mr. Gintencz: Roughly, well. about seventy thousand. Commissioner Tcele: Seventy thousand. And I assure you, one police officer cost the City of Homestead fifty to sixty thousand dollars ($00,000). There's no real difference here. And so there are a lot of ways that we can provide help to Homestead in the context of reoccurring -- and I'm not proposing to do that. I think that's what you, and Curt Ivy, and the C'ily Attorney, and tyle Mayor and the City Attorney of Homestead ought to sit down and talk about. But what it want to he very clear is, this, to me, is not about dollars or taking a few dollars fruit Homestead an bring them up here. This is about the image in preserving what Miami is. And but for Miami, there wouldn't he a Homestead Motorsports Complex down there, because that complex was horn on the streets of Miami. And so the good thing about your presentation is the fact that you've got for the first time some real local community corporate support here. You know, with all due respect to the women and African-American ownership issue, which I think is good, and good business and good I'll, the real benefit is not that. The real bencrit is what are we doing for the homeless? What arc we doing for the Camillus ilouse? It' you all are committing to raise funds for the Camillus House, if you all are committing to do good in this community, 1 think you have not even begun to scratch the surface. You know, we had a Regime's -- you remember with when they started the racetrack before? They had a Regime's. Well, you know, right now we've got -- we've got Monty's here in the Orove. We've got Jackson Soul Food in Overtown. We've got People's Barbecue, and Versailles. You know, and we ought to have the kind of food complex that gives people an opportunity to have a cross-cultural opportunity. And, so those are the kinds of things that I would have hoped would have conte From your orbaniration. But I was joking the last time, but I was serious. But you all still won't take the hint, Lucia. So i'in going to ask specifically if the owner of the Le Mans Series will come and take this podium. I don't know why lie's hiding. Maybe that's how people of his financial standing do. They sit back and pay other people to speak for them. Commissioner Winton: Commissioner Tecle, before -- Commissioner Tecle: But have we heard from hint at all today? 233 July 26, 2001 Commissioner Winton: No. Could I -- Commissioner Teele: See. that's what I'm saying. Commissioner Winton: Commissioner Toele -- C:ommissioncr Teele: And that's what Dan Paul's issue is. Commissioner Winton: Could T pick up a point hefore he speaks? Vice Chairman Gort: Sure. Go ahead. Commissioner Winton: Could I pick up a point on an offer you made to Homestead? 1 would back your commitment to give the fifty thousand dollar (SS0,000) single payment each year and the dollar a head tax -- or dollar a head fee that the City's going to get to the City of I lomcstead, under the -- Commissioner Tecle: We don't get that, I thought. I thought -- Vice Chairman Gort: The County gets it. Commissioner Winton: Now, under the condition that the opposing side gives us an accurate and complete accounting for all of the money they've spent on experts, consultants, lawyers, attack dogs, et cetera, that they've spent to battle the City of Miami over this issue. And if I got a full and accurate accounting, I would second your motion and gladly give the City at' Homestead that money. Commissioner Teele: Well -- Commissioner Sanchez: Good luck. (APPLAUSE) Vice Chairman Gort: All right, gentlemen. Commissioner Sanchez: Call the question. Vice Chairman Gort: Gentlemen. Gentlemen. It's 7:54 and we still have three more hooks to go through. Commissioner Teele: Three more books. And I'll be very brief. Sir, would you just give us your name and address for the record? And could you tell us a little bit about yourself, the stuff that you'd like for us to know? Don Panoz: My name is Doti Panoz, founder of the American Le Mans Series, 1394 Broadway, Braselton, Georgia. I didn't know, Commissioner, that with red hair, I could hide in any room. 234 July 26, 2001 92111�w! • 0 But I was sitting right there all day. But, Commissioner, 1 believe in the American Le Mans Series, because I believe in fair and square, honest spouts car racing for the fans. The American Le Mans Series has shown in two and a half years that it could generate that. As i told you in a previous discussion here, last year, the American Le Mans Series had five races, bigger with funs and attendance than the Daytona 24 hours. Sebring has attracted -- I happen to -- my Trust and myself ltappen to own a few miles from here. Sebring is a historic race. The 12 hours of Sebring is in its 50111 year. When we took that over with the American Lc Mans Series, starling in 1998, Sebring's crowds had shrunk from its famous history to about sixty Io seventy thousand. Last year we had ninety-two thousand on the race day, Saturday, and for the week, we had hundred and sixty thousand. Commissioner Teele: Said went from what to what now'? Mr. Panoz: It shnrnk down to about seventy thousand for the race week, and last year, we had ninety-two thousand on the Saturday, and we had about hundred and sixty thousand for the week. Commissioner Teele: Sir, everything I know about you, I'vc read about what you have done in Sebring. So I've heard rumors about what you've done in Atlanta, or what you've; done in Ireland, or somewhere, but what impressed nie most about Sebring is that supposedly, you built a hotel there. Mr. Pan07: (tight Commissioner Teele: That's what I'm interested in, because if you were here this morning, Commissioner Winton was talking about the fact that there haven't been any major, new constructions in downtown Miami in the last few years, last 10 or 12 -- 15 years. And what I would like to know is, if we're successful in supporting this, would you consider building hotels in Miami? Would you consider making other investments in Miami? Mr. Panoz: Mr. Commissioner, we just finished opening, for the record, a new hotel and resort in St. Andrews in Scotland, St. Andrews Bay. We've built it resort in Atlanta, Georgia. We're building one in Diablo Grande in California. I am a businessman. 1 think that Miami is a City -- I like trademarks. 1 like international recognition, as St. Andrews, or as we've done at (UNINTELLIGIBLE) in Georgia. If there is an opportunity here and this market is here, and that opportunity is viable, and we can make it work and find a way to he successful, and bring the service and stuffthat our facilities are famous for, why wouldn't 1 do it'? And, in fact, since the last meeting here, the two nights following the last meeting, I had dinner over at Monty's, and I had two approaches from developers here in Miami to look at resort opportunities. Commissioner Tcele: Well, the only question that I would ask, in seriousness is, would you commit that you would work with our Manager and his Economic Development Office and give them what -- the kinds of issues and the kinds of criteria you're looking ut, so that we can begin a dialogue with you to make you aware, as well as with our DDA (Downtown Development Authority):' Because I think, you know, if you feel good about a community, you're going to continue to invest and come back. We heard from Emerson this afternoon. Ile said he came 235 Ady 26, 2001 here for seven days. He's been here 17 vear:s. We'd like for you to feel the same way if we go forward with this. And 1 really would like a commitment that you will seriously look at -- if it makes business sense for you -- look Lit building a hotel, not in Coral Gables or Ilomestead, necessarily, but in 'Miami, because this is the City that is the looking at trying to improve its international image. Mr. Panoz: Exactly sir. I'll go a step further. 1 will invite those people you mentioned, and including any member of the Commission to come to see Chateau Alon (plionetic) and to see the standard of things that we build, and for them to see the way that we train people. We have the highest occupancy rates in Atlanta. We're 35 miles outside of town, We do not have to discount a room or anylhing for weekends. Commissioner Tecle: No, we can afford that then, sir. Mr. Panoz: No, no, no. You can. You can, sir. Commissioner Tecle: Is there a Circle 6 across the street? Mr. Panoz: No, sir. No, no. 1 said as our guest to look at it. You don't have to spend overnight. You can buy your own meals if you want to, but you're welcome to be my guest to see and for your people to study what Nve du, And we would be delighted to do that, because we look for business opportunity, Commissioner Tecle: Thank you tier coming forward and putting it on the record. Mr. Panoz: Thank you. Vice Chairman Gori: Thank you. Being the Chairperson, I get to be the last. I never get to speak. Everybody speaks on my behalf. But I want everyone to understand what a country, what a City. Where else could you have this type of meeting with the elected officials to sit here for three hours and listen to argument frons both sides? And the best thing about this, we learn from those arguments anti we improve ourselves. And contrary to what you all think, this is going to benefit the whole County; it's going to benefit [lomestead, and it's going to bring a lot of benefits to the City of Miami. And if you recall, Commissioner Regalado, when we deferred this item, we deferred it for the reason so the Manager can come back with a better contract, because we didn't like the one we had at that time, And I also requested from the Manager to ask for the Convention and Visitors Bureau the impact this created by this type of event, because we have been meeting with the Hotels Association in downtown kliami, and this is what we're looking for, for these type of hotels, for this type of events that bring tourists into this area, which, by the way, is still our number one industry. And that's very important that we provide amenities and festivities for people to come here. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): Aye. Commissioner Regalado: Call the roll, Call the roll. 236 July 26, 2001 mr�f U 0 Commissioner'feele: Call the roll. Commissioner Regalado: Call the roll. Vice Chairman Gon: Roll call. Walter Foeman (City Clerk): Roll call. E The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO, 01-779 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING, IN PRTNCTPI E, TIIE NEGOTIATED AGREEMENT, 1N A FORM ACCEPTA13LE TO THE CITY ATTORNEY, RELATED TO RACEWORKS, LLC, CITY OF MIAMI AND BAYFRON"T PARK MANAGEMENT TRUST FOR RACF./MOTORSPORTS EVENTS AT BAYFRONT PARK AND DOWNTOWN MIAMI, AND IN SUBSTANTIAL ACCORD WITH THE 'PERMS AND CONDITIONS IDENTIFIED IN THE "PROPOSED AGREEMENT BETWEEN T'HF. CITY OF MIAMI, BAYFRONT PARK MANAGEMENT 'TRUST AND RACEWORKS, LLC," ATTACHED AND INCORPORATED, "TIIE RACEWORKS, LLC, AMERICAN LTi MANS SERIES COURSE: SITE IMPACT ASSESSMENT AND MITIGATION PLAN," ATTACHED AND INCORPORATED, AND COMPOSITE PAGES C- 1 THROUGH C-5 OF THE "L EGI:ND OF THE PROPOSED COURSE LAYOUT," ATTACHED AND INCORPORA'TED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Ipon being seconded by Commissioner Tecle, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur F.. Teele, Jr. Commissioner Johnny 1.. Winton Vice Chairnian Wilredo Gort NAYS: None ABSENT: None Vice Chairman Gan: See you back on the 9th. 237 July 26, 2001 4� m pkfwW!F1�13 x c "17' C 'i.. t }'x �, ;� x e Y' & � a r sqs;' ; p r&_ 'S »'U F i; � � y, .�• v r45.APPROVE SUBSTANTIAL MODIFICATION TO MAJOR USE SPECIAL PERMIT APPLICATION FOR BRICKELL BAY VILLAGE PROJECT LOCATED AT 2101-2105 BRICKELL AVENUE TO MODIFY 'DEVELOPMENT PROGRAM AND AMEND DESIGN OF, PROJECT; WILL CONSIST OF 359 RESIDENTIAL UNITS WITH ACCESSORk; RECREATIONAL SPACE AND 548 PARKING SPACES (Applicant(s): Coral Way Investments, Inc.). Vice Chairman Gori: The PZ (Planning and Zoning) items 1 would like to take up now, and I think we have some that we should be able to take up right away, there are no contradictions to it. If' you all don't mind, can we go into the PZ? hello? UK, we're going to go into the PZ agenda. At this time, I'd like to entertain any questions, any requests for deferral or for continuance. Let me get my hook. Vicky Garcia -Toledo: PZ -25. Vice Chairman Gort: I need my agenda for the -- oh, I got it. And also, Peter, my appointment to the Little Huiti Task Force. Unidentified Speaker: Pardon me? Vice Chairman Cart: My appointment to the Little Haiti Task Force. Do I have any requests for continuance or a settlement that has taken place, or any item that would not he controversial, that will take only three minutes? Commissioner Sanchez: Item 10, PZ -10. Ms. Garcia -Toledo: Settlement on PZ -25. Vice Chairman Gort: What is it'? Ms, Garcia -Toledo: We have a settlement on PZ -25. Vice Chairman Gort: PZ who? Ms. Garcia -Toledo: Twenty-five. Vice Chairman Gort: Twenty-five. Commissioner Regalado: Go ahead. Just do it. Lourdes Slaiyk (Assistant Director, Planning and Zoning): OK. For the record, Lourdes SIazyk, Depatrtment of Planning and 'Zoning. Item PZ -25 is a maior use special permit for the 13rickell Bay Village Apartment Project, located at 2101-2105 Brickell Avenue. This is a modification to the original Major Use Special Pennit application. It's been before you in several other forms. But this is a muditication that's been recommended for approval by the Planning Advisory Board and by the Department of Planning and Zoning. Since this is a modification, it was fully noticed 239 July 26, 2001 �I1Z1)I'�,ili� • 0 to all property owners within 500 feet, including individual condominium unit owners t'or the Planning Advisory Board meeting and for the City Commission meeting. It was also duly posted and advertised in The Ile ahl. The submittal for modification was reviewed by the Planning and Zoning Department, and we have found that it meets and exceeds all of the requirements in Section 1305, and from the original submittal. The department has reviewed the application, and in the professional opinion of the department, we recommend approval with one additional condition. The final design, there was still some parking visible underneath the residential tower. And alter reviewing it, we're recommending that that parking be -- that there be bernting; and landscaping on that parking, so that it appears that the tower hits the ground at grade. So let me just real quickly read this condition into the record. It's the only additional condition that we would add. "The two le%els of parking visible above the lobby level shall be relocated, consolidated or combined in a manner to result in an additional level below the lobby. Such parking shall he screened with berms and landscaping, so that the parking structure is completely imperceptible front Brickell Avenue, and the tower and lobby land at apparent grade level. In the final configuration, the ground floor of the lobby level shall not be located higher than an elevation of NG% -'D (National Geodetic Vertical Datum) 34 feet. Such parkins; modification of completely bertned in landscape from view may he widened in order to consolidate the provided parking onto three levels, versus the tbur levels being provided now. Such structure may be widened to a width not to exceed ISO acct, and shall be centered on the property. This is to make sure it doesn't need any variances. 'There's also a canopy that's depicted in the front of the project that doesn't seem to go with the design of the final residential tower, and we would ask that that be redesigned and submitted for review and approval by the Director of Planning and Zoning. Otherwise, we recommend approval. It's a beautiful tower. It's compatible with Brickell. Vice Chairman Gort: ]'hank you, ma'am. You recommend it liar approval. Is the Ms. Garcia -Toledo: For the record, on behalf of the applicant, Brickell Bay Village, my name is Vicky Garcia -Toledo, with offices at 200 South Biscayne Boulevard. And i ant joined today in full support of this project by -- 'fucker Gibbs: Tucker Gibbs, and I represent Susan Faucets, Richard Donovan, Harvey Goldman, Brian Hoffman and .teff Rubenstein, and the Atlantis on Brickell Condominium Association, in support. Vice Chairman Gort: 1 apologize. it's been a long day. I need to have the City Clerk swear -- Anyone that's going; to testify in any zoning item needs to raise their right hand and be sworn in, especially attorneys. Commissioner Tecic: 1ley. Unidentified Speaker: Three minutes. NOTF FOR THE RECORD: AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER CODE SECTION 62-1, TO THOSE PERSONS GIVING TLs,rIMONY ON ZONING ISSUES. 240 July 26, 2001 Vice Chairman Gort: Thank you. Go ahead. Jeffrey Bass: Mr. Chairman, members of the board, Jeffrey Bass is my name. Forty-six Southwest VI Street is my address. I'm here representing the board of the Bristol Tower Condominium Association, inc. We reviewed these plans, and we're here to express our support on these plans, its well. Commissioner Winton: And what did Tucker say? Vice Chairman Gort: Thank you. Mr. Gibbs: We're in st.tpport of it. Commissioner Winton: Thank you. Vice Chairman Gort: i can tell you, the change is a beautiful, beautiful structure. See, sometimes, it pays. Ms. Garcia -Toledo: And we're going to be very, very brief, because we know ,you have a long agenda, but we are -- Vice Chairman Gort: Is there anyone in the public who would like -- This is a public hearing. Is there anyone in the public who would like to address this item? Is there anyone in the public who would like to address this item? Showing no one has come forward. Ms. Garcia -Toledo: I just need to incorporate into this record all previous transcripts, hearings and documents in the public record from 1998 to the present. Thank you. Vice Chairman Gort: OK. Do I have a motion, Commissioner Johnny Winton, it's your district. Commissioner Winton: I would move, subiect to one additional point, and this isn't directed just to this developer. It's an issue that's coining up fairly routinely, and that relates to the parking plan, Aird the problem that we have is that the developers are agreeing to create parking plans for the employees during construction, and then the plan isn't appropriately managed, and the problem lands in the middle of my desk. And so what I would like to do, and I will -- you know, you all can work this detail out. But 1 think we need to build into the parking plan -- Vice Chairman Gort: Enforcement. Commissioner Winton: Yes. Both potential penalties, and a mechanism for enforcement of the parking plan, so that there is a real incentive for the developer to provide his own enforcement mechanisms, to see to it that the employees that are working on the development of the project park where they're supposed to, so that the problem associated with there parking all over the neighborhoods and in people's driveways don't land on my desk every day, and force me to have to -- then force me, as it Commissioner, to have to manage the developer's parking plan. 241 July 26, 2001 Ms. Slazyk: Yeah. The temporary construction parking plan requirement is in here. We'll add to it, including enforcement and penalties. Commissioner Winton: 'Thank you. Vice Chairman Gort. Thank you. Commissioner Winton: So I move the motion. I move to accept staff's recommendations, with the following -- with the amendment that we just suggested. Commissioner Sanchez: Second. Vice Chairman Gort: There's been a motion and a second. Is there any discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-780 A RESOLU'T'ION OF THE' MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING - ORDINANCE NO. 11000, FOR THE BRICKFLL BAY VILLAGE PROJECT, TO HE LOCATED AT APPROXIMATELY 2101-2105 BRICKELL AVENUE, MIAMI, FLORIDA, AND COMPRISED OF NOT MORE THAN 359 UNITS, WITH ACCESSORY RECRE'ATIONAI, USL'S AND 548 PARKING SPACES; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLL:SIONS OF LAW; PROVIDING FOR BINDING HFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE, 242 July 26, 2001 �J u (Here follows body of resolution. omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: NAYS: ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur F. Tecie, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort None None Commissioner Winton: And thank you. This was outstanding. Vice Chairman Gort: Thank you. It's a beautiful building. Commissioner Winton: Outstanding. Ms. Garcia -Toledo: And I think all the parties thank you for the leadership you took on this one. Thank you very much. 243 July 26, 2001 MOF 0 • 46. FIRST READING ORDINANCE: AMEND ORDINANCE 11000, CITY'S ZONING ORDINANCE, TO ESTABLISH NEW SECTION 625 ENTITLED "S.W. 8TH STR ET SPECIAL OVERLAY DISTRICT;' TO ADD INTENT. STATEMENT, CREATE SPECIAL: DISTRICT REQUIREMENTS AND LIMITATIONS ON -USES, AND REQUIRE ICLASS 1J SPECIAL PERMITS FOR EXTERIOR WORK (Applicant(s): City of Miami) (See #2). J Vice Chairman Gott: Commissioner Sanchez, I know you told me you had to leave Commissioner Sanchez: I have to be somewhere about 7:30. As you know, I do the fishing tounlament every year for non-profit organizations. Today was a captains meeting, and it's going on. I have one item. which is YZ-10. Vice Chairman Goat: Bring it right up. Commissioner Sanchez: Which is the overlay district, the special overlay district, and I believe there's -- Lourdes Slazyk (Assistant Director, Planning and 'Zoning): The companion, yeah. Commissioner Sanchez: Excuse me? Vice Chairman Gort: Please, can you keep it quiet, please? We have other meetings to go. We still have a long agenda to go, please. Go ahead. Commissioner Sanchez.: is it l?Z-9 or l?Z-10? Vice Chairman Gort: PZ -10. Ms. Slazyk: Yeah. They're companion items, actually. It starts -- PZs 8 acid 9 arc the Coral Way Special Ovcrlay District, and PZs 10 and I I are the Southwest 8"' Street Overlay Districts. Commissioner Sanchez: Mr. Chairman, if 1 may. These overlay districts, basically, what they do is they protect the corridor of these two main streets. Which one are we discussing now? Can we discuss just both of them? They're very similar. Ms. Slazyk: If you want to discuss tlrcnt now -- This is first reading. Ifyou want, we can do our presentation on it at second reading or -- no, OK. You -- Commissioner Sanchez: Well, I don't think there's any opposition, It's gotten a lot of support from -- all the homeowners have passed resolution supporting it. Ms. Slazyk: OK. All right. I'll do it real, real briefly. Let me do a -- Commissioner Sanchez: I just don't want to take too much time. 244 July 26, 2001 Vice Chairman Gort: This is going to he first reading, so let's hear from the opposition.. Yes, ma'am. Dr. Jane Thcede: OK. Dr. Jane Theede. NOTE FOR 'f'11F. RECORD: AT TI US POINT, THE CITY CLERK ADMINISTERED REQI..►IRP.D OA -1.11 ENDER CODE SECTION 02-1, TO THOSE. PERSONS GIVING 'f)✓S-CIMONY ON ZONING ISSUES. Joel Maxwell (Deputy City Attorney): You've already sworn cvcryhody in. Dr. Tlocede: My -- I have two concerns on P7.-10 and P%-1 I. This is the -- It's called the Little Havana Overlay District, all the way down to Miami Avenue or 1" Avenue. I've forgotten which. Ms. Slazyk: I" Avenuc. Dr. Theede: First. But Little Havana ends at the expressway. Brickell begins on the cast side of the expressway. Now, I've been living there since 1971. And little by little, we're making this area come up. And 1 resent very strongly being called Little Havana when I'm actually Brickell Village. I'hat's number one. Number two is that in ,your overlay, somewhere buried very deep -- and I don't have it with me -- you're proposing the chain link fences go down. I have had two break-ins where people have come over a ten -foot chain link i'ence in the last three months. Now, 1 cannot continue to live in this arca if you make me take down my chain link fencer. And this is -- this is my objection. When i moved in there, it was classitied as industrial, because that was only where veterinarians could go. I've always lived on the property. 1 have since retired, but I've maintained my property as a living residence. Ws been OK'd by the City of Miami. But I live alone. I have a fortress. 1 cannot afford to go out or come in alter dark if I don't have a chain link fence. Ails. Slazyk: OK. Let me answer those real quick. first of all, it's called the Southwest 8`1' Street Overlay District. It's not Little Havana Overlay District. The reason for taking it all the way to I" Avenue is because that's where SD -7 ends, and we want to make sure that all of 8"' Street is covered with some kind of a special district, iii order to protect all of 8"' Street, from downtown to 27°i Avenue, as part of this phase of the plan. It's not called the Little Havana Overlay District. It's 8'" Street. And it was intended to protect all of it from incompatible uses, and required design review to protect the character. Secondly, regarding the chain link fences, there is a prohibition in it for chain link fences, but it is not saying that anyone who has one, now has to take it down. What'll happen is when and if you come to a point where you're going to take it down and replace it, we'd like it to he replaced with a different type of fence, It could be a security picket fence. It can have -- You know, there's ull sorts of other different fencing types. But there is nothing in here that says you have to take that fence down. It's when and if ,you come to a point where you want to replace it, we want it replaced with something that's more aesthetically pleasing for Sill 'Street. Dr. Theede: But what am I going to replace it with'? Because I've got to have security 245 July 26, 2001 Ms. Slazyk: There is security picket fences that are -- Vice Chairman Gort: They're telling ,you, you don't have to replace it. You can leave yours and you can keep it. Ms. Slazyk: Yrah. You don't have to. Dr. Theede: I know. But what I'm saying is that chain link is now almost 30 years old. it's not going to live forever. Commissioner Sanchez: No one's going to live forever. Vice Chairman Gort: Nobody. Dr. Thccdc: Yes, l am. Commissioner Sanchez: I hope. Vice Chairnian Gort: Well, let us know what the formula is. My understanding is there are other options that you can use as it fence, also. Dr. T'ltecdc: OK. Vice Chairman Gort: You will be able to have a fence and be able to protect yourself. Dr. Theede: But why do you stop at I "? Why don't you go all the way down to Brickell? Ms. Slazyk: Because from I" to Brickell is already covered by other special zoning overlay districts. SD -7 covers Central Brickell, and SD -5 covers 8`h Street on Brickell Avenue. So the whole thing will be covered by doing this. Dr. Theode: Well, I just didn't want to be considered Little Havana, and J definitely need my fence. And that was all I've got to say. Thank you. Vice Chairman Gort: Yes, ma'am. Commissioner Sanchez: OK. Vice Chainnan Gort: Anyone in the public would like to address PZ -8? Anyone in the public would like to address PZ -8? Yes, ma'am. Conte forward, please. Commissioner Regalado: Well, this is not PZ -8. This is PZ -10. PZ -8 will be Coral Way. Ms. Slazyk: Yeah. PZ -8 is actually Coral Way. )right and 9 arc -- Oh, OK, that was 10, Yeah, that was 10 we were talking about. 246 July 26, 2001 z • Vice Chairman Gort: PZ -10 - Ms. Slazyk: Yes. Vice Chairman Gort: OK. Yes. Commissioner Winton: It's confusing. Make sure that -- (TNAUDIBI.0 COMMENT) %1s. Slazyk: She's here for 10. Charlotte Duvall: Yes. My name is Duval, Mrs. Johnny Duval. And I'd like to ask if you all got a copy of the -- 1900 Secoffee Street. Is that all? I delivered -- I made a -- I wrote a letter and delivered it to each one of your offices. Did you happen to read them? Vice Chairman Gorl: No, ma'am, I personally did not have a chance to read it. Ms. Duvall: Well, I don't know if anyone else did or not. But anyway, 1 wanted to refer back to the meeting on May the 2151. At that time, I appeared before the hoard, the Planning Board, and I stated that my husband and I have owned property on St" Street for more than 50 years. And we've tried to cooperate with City plans and so forth. My concern is placing the overlay on the property facing Southwest 22"d Avenue, adjacent to 8`l' Street, on the south side. 1 notice this is the only cross avenue on the map, where the property is included all the way to 9"' Street. This property fronting 22°i1 Avenue is already stifled with a C-1 designation. After 22"d Avenue was widened, the parking lot and the sidewalk diminished, most retail outlets have gone out of business. On Lots 4 and 5, the store has been vacant and boarded for years, a detriment to the neighborhood. The tenants in the corner building have some parking on 9°i Street. However, they suffer for lack of customers. Their rent has been in arrears for years. The Section 625 Overlay should not include Lots 4, 5, 6, 7, 8, 9, Block 1, Bryan Park Subdivision. These lots, due to their location, cannot conform to the vision you have for retail outlets on 8`h Street. A return to C-2 with visual appearance compatible with overlay plan would increase the value of these lots. Overlay with C-1 would destroy any use of the property. Now, that's what i presented at the Planning Board. Now, my new letter: Enclosed is the copy to the Planning Board. Now, following the presentation ofmy -- and some discussion at the Planning Board, the members of the board were very inclined to remove Section 625, entitled Southwest 8"' Street Special Overlay District, from the property on Southwest 22"`t Avenues Ms. Sluzyk intervened and asked the members not to vote on this matter. She said that she would visit the location, and she would re-evaluate this property before the City Commission meeting in July. At the close of the tweeting, 1 asked Ms. Slazyk if my husband and I could meet with her when she visited the site. She said yes, and she asked me to call her for an appointment, but wait a week and she would be out of town, I followed Nis. Slaryk's instructions and called her on Monday, June the 8`", to request the appointment. I lets my message and my phone number on her answer service. every working day until June the 12"'. 1 called tier office Iwo or three times each clay, always leaving the same message. There was never a return call. We were called out of town, and upon 247 July 26, 2001 our return and receiving the notice of this meeting, I called her office. As usual, the phone was on answer service. However, another person in the Planning Department was able to locate Ms. Slazyk and have her speak to its. She reluctantly agreed to give us a 20 -minute appointment in her office on July the 191''. During this visit, Ms. Slazyk acknowledged that she had received my many requests for an appointment. I asked if she had removed the overlay from our property, and her answer w•as no. She fut•ther stated she would not make any change in her plan. 1 asked if she had visited our site of our property, and she said no, she had not. We requested an explanation as to why it was so important for her to include our property in the overlay plan. She stated it was because out- property was a part of the five -way intersection on the south side of 8"' Street, and would be clearly visible to the 8"' Street traffic as it crossed 22"" Avenue. For this reason, our property must have the same appearance and use as the retail stores on 8"' Street. As one looks down on the paper design of the overlay pro .lect, this appears logical. The Intth is such a vision of our properly is not possible. The trat'fic on 81h Sweet moves one way, traveling east. The occupant of a car crossing 22"' Avenue will not see our property unless they turn their head to the far right and look over their shoulder. 11 is easy to imagine on paper the desirability of having; 22`1 Avenue mirror the look on 8`t' Street. T'he 8" Street sidewalks are ten leet wide. And every so often there is an island extending six or more feet into the street with trees, landscaping and a covered shelter. Parking is on both sides of the street. Traffic moves at a more leisurely pace, seldom reaching the 30 -mile an hour limit. 1'hc ambience of the area lends itself to parking and shopping in the retail stores. We, who have walked the sidewalk, are more acquainted with the reality of this situation. It is pleasant to stroll 8th Street sidewalk to the corner of 22"1 Avenue. Now, turn the corner. The heat from til:; sun -baked rood, tilt stark buildings and the sidewalk concrete hit you lilac a slap in the face. ']'here is nothing, on your paper design that could prepare you for this difference. It is more than a little frightening to turn onto that narrow sidewalk and feel the swirl of wind and dust created by the fast moving cars. Walking there is like treading a path beside a major highway. One's only thought is to exit the environment as soon as possible. I_ven the Florida Power and Light heavy concrete poles are further from the road and better protected than a pedestrian. Is it any wonder the retail shops in this location are no longer in business:' And the boarded facade of a building presents a derelict atmosphere. As it properly owner in this location for more than SO years, I feel confident to express my opinion that if you allow the Miami Planning Department to place the overlay plan for 8th Street on this 22"" Avenue property, you would only further contribute to decline of the neighborhood. In the entire overlay plan, Southwest l" Avenue to 27"' Avenue, there is not one other cross-section which has overlay restrictions placed on property fronting the avenue and back to the side streets. Ms. Slazyk will point out on her design sheet that the overlay plan wraps around the 22"`t Avenue corner to Southwest 7"' Strcct, and on 27'h Avenue her plan covers property between Southwest 7`h and 9`h Street. Unfortunately, the 7`h Street to 91" Street overlay designation does not picture the existing developments on these properties. Twenty-seventh Avenue has a large office building on the north side. It has a large service station complete on the south side. Twenty-second Avenue has two banks on the north side with parking. South side has a service station, and a church and a triangular space. F.ach property is fully utilized and developed, and not one of these locations conforms to the overlay plan requiring retail stores adjacent to the avenue It would be very much appreciated if you could find the time to drive by this property. Or better still, park your car and walk tYom 8'h Street to 9"' Street along 22`1 Avenue. Ask yourself, will Section 625, entitled Southwest 8"' Street Spccial Overlay District on this property, will it contribute to the highest and best use of these lots'? Certainly not. 248 July 26, 2001 • Hopefully, you will agree with me that the 8`h Street overlay requirements do not belong on Lots 4, 5. h, 7, 8 and 9. And we will appreciate your vote to remove this overlay. It will guarantee a more sensible and practical use of this property. Vice Chairman Gort: Thank you, ma'am. Staf. Ms. Slazyk: OK. We did reconmiend that the overlay be applied for this entire intersection, because it is the five points intersection. "I o leave an individual property out would he detrimental to the entire intersection. Even though there arc other buildings that are there that are developed already, it's exactly the kind of atmosphere that Ms. Duvall was describing that we want to change -- the blank walls, and blank fagades and that sort of thing. So as new development comes in and redevelopment occurs, it will be protected with these new guides and standards. At the Planning Advisory Board meeting she expressed her concern, because the original draft of this ordinance excluded Laundromats as uses that we wanted to have on ground floor frontages of the street. And as a result of the Planning Advisory Board meeting and their recommendation, that use was put back in as a conditional use. So file use that they currently have at that building now is fine. "There arc no problems, and I don't sec any detriment to this property by excluding the other uses that the district proposes to exclude. The most critical point is that a design review will be conducted on whatever happens. Without desibni review, you could get blank walls here. And this is a critical property at this intersection. That's why we recommend it stay in. Vice Chairman Gort: 7'hank you. Anyone else'? Commissioner Regalado: Well -- Vice Chairman Gort: Yes, sir. Commissioner Regalado: I got a -- I'm all in support of this item, and also because we worked on the Coral Way. But 1 have a concern, is that on Southwcst 8"' Street, it seems to me that there arc some language that would prohibit building housing for elderly residents, like the one lie's doing in 22"` AVCnUC. is there -- 1 think there is a word in there. Ms. Sla7yk: No. The prohibition is on community based residential facilities. As a category, community based residential facilities include -- Commissioner Regalado: And something else. is it -- Ms. Slazyk: No. It used to have -- it used to have -- The first draft of this ordinance excluded convalescent homes, and nursing homes, and hones for the aged or infirmed. That was put back in. That is not in this draft of the ordinance. There is no prohibition -- Commissioner Regalado: So I don't have a problem with the ALF (Adult Living Facilities). I really don't. 249 duly 20, 2(9)1 IZII11ft1lY Ms. Slazyk: No, no. The homes for -- the convalescent homes, nursing homes are all allowed. It's the community based residential facilities that include drug and alcohol rehab, correctional. Commissioner Regalado: I agree with that. So no problem. Ms. Slazyk: Those are out. Commissioner Sanchez: I lalfway houses, et cetera, et cetera, et cetera. Commissioner Regalado: No problem. I'm assuming -- Ms. Slazyk: No. There's no other prohibition on -- there's no prohibition on -- Commissioner Regalado: That is the same language in the Coral Way overlay. Ms. Slazyk: Yes. Commissioner Regalado: OK. Ms. Duvall: Thank you. John Duvall: May 1 speak for a moment? Commissioner Sanchez: Yes, sir. Also, how many are in favor of the overlay, or speaking in favor of the overlay? Could you bet with the City Clerk so you could speak on behalf of the item? Sir, you have the floor. Mr. Duvall: Let me take these things out. I can't hear with them in. Commissioner Sanchez: Well, let me borrow them. I might need them. Mr. Duvall: My name is John Duvall. I live at 1900 Secoffee Street, Miami, Florida. Yeah, that's right. I'd like to speak on the same piece of property. In 1046 1 went in the hardware business on 8"' Street, right around the corner. I think that's a little hit longer than most of you all around here have been alive. So I know something about this properly. And 1 think Eli" Street right now is in good shape in it lot of ways, because we've got 16 feet. We've got parking from the building on out to the street. now, when you go around 9" Street, you drop hack to six feet. And when you find a car going by you at 40 miles an hour and you're somewhere on that sidewalk in six feet, you don't feel like you're at home. Now, I took a lot of time, went down over on the opposite side of 8"' Street north, and 1 looked at what the buildings had happened to them over there with the same proposition. 1 took a lot of pictures. l brought them with mc. You're too tired to look at them and I'm too tired to show them. But I'll tell you one thing. Those people are suffering. Sonic of them had not had anybody in their store buildings rented l'orover eight and nine years. And we've got problems where that little thing is around the thing, and 1 don't want any more harm to us putting somebody in there, then to he tied tip with this 250 July 26, 2001 overlay. Let the overlay stay on 8`" Street. It's wonderful for that. But coming around to 91h Street, gentlemen, don't do it, please. Commissioner Sanchez: Sir, the overlay doesn't -- it's just on the main corridor. It doesn't go on side streets. Mr. Duvall: Sir? Ms. Duvall: Yes, it does. Commissioner Sanchez: Ifuh? Ms. Duvall: It does go to the side streets. Mr. Duvall: Yes, the side street. It goes around. Commissioner Sanchez: Oh, it docs on 8"' Street? OK. Mr. Duvall: That's the part we don't want. We don't want it to go around there. Commissioner Sanchez: 1'ni sorry. Mr. Maxwell: Ms. Slazyk, on the record, please. Commissioner Sanchez: Sir, do you realize that you're grandfathered in for 20 years? Mr. Duvall: I'm sorry, sir? Commissioner Sanchez: You're grandfathered in for 20 years. And you could always come to this Commission and get an extension. Mr. Duvall: What's lie saying? Ms. Duvall: l le says you're grandfathered in. That's not the point. Mr. Duvall: No, that's -- Commissioner Sanchez: OK. All right. What is the point then? Mr. Maxwell: Her comments have to be on the record, please, sir. Ms. Duvall: The point is -- Mr. Duvall: This overlay is what we -- Commissioner Winton: Come to the microphone. 251 July 26, 2001 7 • Mr. Duvall: Oil, excuse me. This overlay thing that they're going to put around it. same as they're putting on 81" Street. But it doesn't apply to 9"' Street. it's not right for it. Commissioner Sanchez: All right. Mr. Duvall: it's just going to mess it up further. I've been in this overlay business before in my life. As you know, i've been on the trail that long. I'll tell you a real, real quick one. They wanted us to change around and make our stuff like I iavana. I went for 200 feet of it. I put my (UNINTFLLIGIBLE) up. I put my bars in front. I sold my hardware business to at man from Havana, who is an architect, And lie went in there to my hardware business and operated it about a month. C;uess what he did:' Came to ntc and asked permission to take the bars down. So, i mean you can't -- how can you win'? She wants me to go this -- you know, be han&Uft'ed with this overlay. it ain't going to do me any good. .lust going to hurt me. I'd appreciate it if y'all knock it off. Leave it on 8"' Street. Don't bring it on 9"'. Thank you. Commissioner Sanchez: Thank you. Ms. Duvall: But the whole thing is you've got -- is the sidewalks' difference. You've bot 16 feet in front of the 8"' Street. I've already spoken. Commissioner Sanchez: Ma'am, you already spoke, but you need to do it again, please. State your name and address for the record. Ms. Duvall: Charlotte. I'm Mrs. John Duvall. But i was the one that appeared before the Planning Board, because he was out of town. But if you would go and look at the property, you would understand. You look at it here, and it looks logical, but no. There's no sidewalk then. There's no place for people to park. There's no parking in front. And she says, well, you can park in the back. Well, there's a ten -foot alley. And that's where the garbage cans are, you know, that everybody has to have, And that's where the hums are. And that's the reason people don't like to park back there. There's no parking, anyway. But we have other property, and people complain about parking in the back. And you simply cannot operate a business, a retail business and not be able to have people park close to you. Commissioner Sanchez: Thank you, ma'am. OK. Anyone speaking in support? City Clerk, could you call the -- did they sign up'? Ma'am, you are recognized. They didn't sign up? Unidentified Speaker: Not for PZ -10. For PZ. -8 and 9. Commissioner Sanchez: OK. Walter Foeman (City Clerk): No, Unidentified Speaker: Coral Way. Commissioner Sanchez: OK. PZ -10. Ma'am, you have the Moor. You're recognized. 252 July 26, 2001 0 0 Carol Anti Taylor: My name is Carol Ann Taylor. The address is 1442 Southwest 8`t' Street. There are a few merchants Isere. Some of us had to leave, but we are here to speak is favor of the overlay, and feel that it would be a major henefit for the merchants on 8" Street, for the entire area of 8't' Street. And we are hoping that you will -- When we get into this further, on the next reading. there, will be more of us here present, and we %gill speak to you in more detail. Thank you. Commissioner Sanchez: Thank you. Anyone else in support? Anyone representing the surrounding homeowners? OK. Thr public hearing is closed. Commissioners. any questions on the -- no? Well, let me just -- first of all, let me say that we have had several meetings, public meetings, throuq!,hout the district. We have had meetings at the Artime, where they were publicly announced. We had a good participation from local residents that have come out to know a little bit more about what we're trying to do witli the special overlay district on 8'h Street. We have gotten support, and I have letters on lite from surrounding honticowncrs and residents that have contacted us for support. I think the people need to know what we are doing in the City of Miami when it comes to quality of life. i think that the City has taken some positive steps to improve the quality of life in our community. We focused on some legislation that we arc proud to say that we passed, is the news rack ordinance that is going into effect to try to do away with all (lie news racks of different colors. We have basically right now on a billhoard -- to try to do away with some of the billboards that arc illegal, non-compliant. And we have f()cuscd cnt two corridors that arc very significant in our community. One, which I will later speak to on behalf and Commissioner Regalado would also speak on, because he represents a portion of it. But now we focus on 8't' Strcet. And we need to know people need to know what is an overlay district. An overlay district is an amendment to the Zoning Ordinance of the City o1' Miami that creates special zoning conditions and regulations for a specific area of the City. Usually, these are areas of special importance or unique circumstances that require special treatment under the current zoning law. Are there any overlay districts in the Cily of Miami'' Yes. Coral Cables -- 1 mean Coconut Grove. Coral Gables has a strict one, trust me. Yeall. Coconut Grove, downtown, Brickcll. Those are areas that really have done just about everything to fonts on preserving the quality of life in that arca. What are we doing here? M'e're basically creating an area and protecting the corridor of that area. We basically have conic to public hearings to focus on businesses that do not Mend in in the arra. And these businesses throughout the United States are businesses that don't belong in an arca. We have significantly improved Calle Ocho and Coral Way. We're capitalizing from the bleed -over from I3rickell and all the things that are going on in our community, thanks to urban infill. 'These are some of the businesses that are prohibited on 8°' Street. Community-based resident facilities. These are exactly the mental housing, the halfway houses. These arc areas that really don't and shall not be in an arca of such importance. Private clubs, lodges, el cetera. You're talking about private clubs, such as bathhouses, or Nvhatever you may want to call them. Pool halls and game rooms, used auto dealerships, ambulance services, hiring halls or labor pools, discount merchandise, membership merchandise companies, such as Sam's, Cusco, certain big companies that -- rental facilities, aluminum recycling machines, in stores where you go there to recycle, where you recycle aluminum and stuff like that. Basically, what the administration bus dune is put together an overlay district that protects the character, and in the best interest of', 1 believe, the residents and the businesses. Hone of these businesses are prohibited from going anywhere else in our City. 253 July 26, 2001 ZIZIilS71i • 0 But we're focusing on that area to improve the arca. And as the: City gets better, more businesses are going to conic in the City. So this is the perfect opportunity for us to put together these regulations that keep these bad businesses out of that area. So it's a step in the right direction. I ask my colleagues to support this special overlay district, and I would now -- I think I have the gavel, but, 'Tomas, you could have the gavel. And if there's no further discussion on the issue, 1 would move the PZ item. Commissioner Regalado: OK. It's been moved by Commissioner Sanclle7. Commissioner Winton: Second. Commissioner Regalado: Seconded by Commissioner Winton. Call the roll. Commissioner Winton: And 1 would add one comment about this, and that is that commercial real estate is my, business, and I understand a lot about this business. And I could tell you that one of the reasons why Southwest 81h Street and many of the other neighborhoods, both commercial and residential in our community that have gone downhill over the course of the last 20 years, is specifically because the City didn't have enough control over uses. It didn't exercise its powers for code enforcement and policing appropriately. And today's a very dil'11crent day. And today we're in an environment where we are enforcing codes, we are -- we do have a Police Department that's focused on getting the bad guys, and we are setting* up special overlay districts all over this City to create the kind of environment that I'm going to almost guarantec you is going to improve your property values over time, because we are bringing the appropriate kind of controls to specific streets and areas that's going to drive greater overall demand for product than we have had in the past, where we had virtually -- where we had limited controls out there. And so 1 understand your concern, and both of your concerns. But having been pretty heavily involved in urban redevelopment, you know -- and i hate to say it this way, but I think your concerns -- I feel strongly that your concerns really are unfounded. What these steps are going to do is going to ultimately enhance the value of your property. And that's the reason why I'm seconding this and going to support it. Commissioner Regalado: OK. Mr. City Attorney, read the ordinance. Call the roll. An Ordinance entitled - AN ORDINANCE OF "THE MIAMi CITY COMMISSION AMFND1NG ORDINANCE NO. 11000, AS AMENDED, TI -IE ZONING ORDINANCE OF THE CITY OF MiAMI, BY AMENDING ARTICLE G, SECTION 62S, 1'O CREATE THE SOUTHWEST 8"' STREET SPECIAL. OVERLAY DISTRICT, ADD AN INTENT STATEMENT, CREATE SPECIAL. DIS"TRiC''' REQUIREMENTS AND LIMITATIONS ON USES, AND TO REQUIRE CLASS lI SPECIAL. PERMITS FOR EX'T'ERIOR WORK; MAKING FINDINGS; CONTALNING A REPEALL•'R PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN FFFLCTIVF. DATE. 254 July 26, 2001 �m�► F was introduced by Commissioner Sanchez, seconded by Commissioner Winton,-.8114 w4t * . li0& by,title onlyby the following vote: Commissioner Tomas Re W 10 �. ACommissioner Joe Sancheri 4� commissioner Arthur L Teele, Jr, t� tnmissioner Johnny L. Winton r'v�Zr x t e `t n n si'Ri X., x p SS 'ON" Ca Chaintlan �ViftWd flZI- H.y,. (; *L�S�` � �=2 i� g�."�., �,d � A°<. y y��}'`'.`�^-iS�"v93- 1 u.°; x a ,� �Y �S ��Yv��l���rg •q`! wV� ��d:�`i1�'r '. 'IIN q 9Y7`Y� Y°iY d _ n t i q d All t�'kY�� M1,,f i .`YeS IIfi�Y� f 1'i 3F�$..i�yf'cY S r Vii a. - 5 r— f .. 255 July 26, 2001 ■ • i 47. FIRST. READING ORDINANCE: AMEND ZONING ATLAS FROM ORDINANCE I1000, CITY'S ZONING ORDINANCE,* FOR PRt ERTIES LOCATED ALONG S W. 8TH ' STREET' BETWEEN S.W. 1ST AVENUE AR�JD S.W.' 27T" AVENUE 110 ADD "SD -25 S.W., STH STRE*T SPECI Al OVERJ AY D, TRICT" . DESI4NAT.ION (Applicattt(�: City o)' Miami) (See #2). Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -11 is a companion, atlas amendment. Commissioner Sanchez: I'T. item basically the same thing for Coral Way? Ms. Slazyk: No. Commissioner Regalado: No, no. This is -- Commissioner Sanchez: Oh, I'm sorry. Ms. Slazyk: This one is the atlas amendment for 8'" Street Joel Maxweli (Deputy City Attorney): No, no. This is an application. Commissioner Sanchez: Oh, I'm sorry. Commissioner Teele: What number is this? Ms. Slazyk: PZ -11 - Mr. Maxwell: It's a companion to 10. This is an application to Ip. Commissioner Teele: Move it. Commissioner Sanchez: Second. Commissioner Regalado: OK. It's boon moved and seconded. Read the ordinance, Call the roll. 256 July 26, 2001 0 An Ordinance entitled • AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NOS. 34, 35, 36, 37, 38 AND 39 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM C-1 "RESTRICTED COMMERCIAL" TO C-1 "RESTRICTED COMMERCIAL" WITH AN SD -25 "SOUTHWEST 8"' STREET SPECIAL. OVERLAY DISTRICT" FOR THE PROPERTIES LOCATED APPROXIMATELY ALONG SOUTHWEST 81" STREET BE'I'WI:EN SOUTHWEST I" AVENUE. AND SOUTHWEST 27T" AVENUE (COMPLETE LEGAL DESCRIPTIONS AND ADDRESSES ON FILE WITH THE HEARING BOARDS OFFICE), MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Tecle, seconded by Commissioner Sanchez, and was paused on first reading by title only, by the following vote: 257 July 26, 2001 lffl�o 0. P• T REA'XNG ORDINANCEi AMENt) ORpI,N'ANIB 1-1000, CiTY'$ fl 1TN4' ORtb1N-TO �&'I'AB>ii$XI NSW :SECTION: Gial i' �'L .,cIF ' - A J O'SALA-Y•DIST1tICT ' TO ASD : A+ii'i'1~NT STA�,�IV!'��1�'; AS WN.Ir . A LA�iIT TIfJNS ' OI11 USl S A iD 1 CLS S `PE1Nd 8 F0& 0XTER10FL WORK (Applicatit(s); City df iami(_Sea #2). _ Commissioner Regalado: We're going to PZ -9 and 9. Thesc arc the Coral Way Special Overlay District, and they are compactions. We have. some residents that have registered to speak. There is no -- Conunnissioner Sanchez: You're in opposition'? Unidentified Speaker: No. I have a question for the Board.. Commissioner Sanchez: Oh, yes. Commissioner Regalado: Will you conic and -- Mary Lopez: Good evening. My name is Mary Lopez. I reside at 230 Southwest 27`h Road. And I'm not necessarily in opposition. I just find that certain words were a bit vague. So 1'd like to address you, so that you can answer those questions. The first one is, if 1 were to, at this point, add an addition to my house or something, and this special overlay district, i am within the 500 feet of Coral Way; am I affected in any way or form? Ms. Slazyk, No. Commissioner Sanchez: No. But she'll state that for you on the record. No. Ms. Slazyk: No, no, you're not. Unless the overlay is actually on your property, on theses maps, then this -- Ms. Lopez: i haven't been -- Ms. Slazyk: Being within 500 feet, that was a courtesy notice to let you know there was a zoning change within 500 feet of you. But that's not your house being changed. Commissioner Sanchez: It used to be 350, but we wanted to make sure you were notified, so we changed it to 500. So don't worry about it. This protects your property. Ms. Lopez: OK. All right. All right. Thank you so much. I just wanted to know. Thank you. Commissioner Regulado: You're welcome. Grace. Grace Balanzategui-Garrido: Grace Balanzategui-Ciarridu, 3620 Southwest 20,h Street. I'm the secretary for the Coral Gate lionncowners Associution. I dropped off a letter earlier. I'm just going to read the text -- it's very simple -- regarding this agenda item. "The Coral Gate 258 July 26, 2001 ��m Homeowners Association has always cooperated with the non -intrusive commercial office and higher density residential interest along the Coral Gate Section of Coral Way. As such, we believe that the new overlay designation will enhance the quality of life in this area, and wish you success in this endeavor." Thank you. Commissioner Regalado: Thank you. Joe Wilkins: Joe -- excuse me -- Joe Wilkins, 228 Southwest 23'd Road, secretary of the Miami Roads Neighborhood Civic Association, down the other end of Coral Way. You also have our letter. I don't. So you all can read it. Basically, we do support the overlay. We have a history of, let's say, working with the City to ensure the development, both in our neighborhood and on Coral Way is reasonable, and complementary to our area, and enhances our properties, rather than detract from them. We're hoping that this will be the first step in an ongoing process, however. We sec this overlay as very uscftil, but there are items remaining. There arc issues coining ahead along Coral Way. And while we really appreciate this, we hope again, this is a first step in an ongoing process to protect (lie character of Coral Way. Thank you. Commissioner Regalado: Thank you. Vice Chairman Gort: Thank you. Next. Commissioner Regalado: Luis. Luis Herrera: My name is Luis Herrera. i live at 1181 Southwest 22"j Terrace. My question is simple, and I want it on the record, too. Anything after the 500 feet inside of the neighborhood, no construction at all, combined with the Coral Way. Right? Commissioner Regalado: No. Commissioner Sanchez: No, no, no. Mr. Herrera: None at all. Commissioner Sanchez: it's only Coral Way, Mr. Herrera: It's only Coral Way. Commissioner Regalado: Only Coral Way. Commissioner Sanchez: it's only the corridor of Coral Way, yes, sir. Not your property. I know where you live. You're OK. Mr. Herrera: OK. One more question. One more question. Commissioner Teele: Tell him to put it in writing. 259 July 26, 2001 Mr. IIerrcra: Huh? Commissioner Tecle: Tell him to put it in writing. Mr. Herrera: Yeah. Commissioner Sanchez I'll put it in writing with my blood. Mr. Herrera: OK. That's why I want it on the record, too. Another question. I know this is a first reading. How high going to he the buildings in Coral Way when you make the regulations? Going to be four floors, three floors'? Ms. Slazyk: At this point, we're not regulating height. We're not changing what the height requirements are. Coral Way has a Cl zoning. This overlay is not going to regulate height. That means height is actually technically unlimited. But FAR (Floor Area Ratio) will stop you before you can tet real tall. We are in the process now of commencing a long-range master plan for Coral Way, where we will be addressing issues like height, and density, and other setback issues, open space requirements, This is the first step in the short-range step to trying to control, and monitor, and do design review and development on Coral Way. The second step will address those issues. Mr. Herrera: OK. 'Thank you. I agree with -- Ms. Slazyk: And it'll be back here again when we do it. Mr. Herrera: Well, 1 agree with the -- well, what are you doing for Coral Way, but I'd like to see the height, too. Ms. Slazyk: Yeah. We're -- Mr. Herrera: Because, already, we have too many high buildings in there. Ms. Slazyk: Yeah. The master plan will address those issues. Mr. Herrera: OK. Thank you. Vice Chairman Gort: Thank you. Anyone else? It's been moved and it's been seconded. Any further discussion? Commissioner Regalado: I've got to move it. It's not been moved yet. Vice Chairman Gort: OK. Commissioner Sanchez: You want to move it? Commissioner Regalado: Yeah, I'll move it. 260 July 26, 2001 • Vice Chairman Gort: OK. Commissioner Regalado moves it. Commissioner Sanchez: Second. Vice Chairman Gort: Second by Commissioner Sanchez. Any further discussion? Yea, air. Roll call. An Ordinance entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. I ION, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6 TO CREATE SECTION 623, THE CORAL WAY SPECIAL OVERLAY DISTRICT, AND AN INTENT STATEMENT, CREATE SPECIAL DISTRICT REQUIREMENTS AND LIMITATIONS ON USES. AND TO REQUIRE CLASS 11 SPECIAL PERMITS FOR EXTERIOR WORK; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Regalado, seconded by Commissioner Sanchez, and was passed on first reading by title only, by the following vote: 261 July 26, 2001 • • 49.:10ST - Ri±ADING ORDINANCE: AMEND Z0NO3 ATLA5 :,`FROM ° ORDISIANCB 11 •1TY'S ZONING '4 INANE FOR PRpPE 'TIES ;L-QCA')Z'ED A Nq .,QF 0.. Wp `VgEEN W. ;I$T A EN[1 11ND. S W� 37TM Vl?N JE TQ�pD !I,SD 23 : Q , ,� .. y W tiS, Et . O �RLAx; STR1 r .PASIGNATIOI�:'. (Appii¢ant(�jt Grty��'Mi (� Commissioner Teele: Number 12. Joel Maxwell (Deputy City Attorney): No. Nine. Commissioner Regalado: Move the compaction. Commissioner Teele: Move the companion. Second. Dena Hianchino (Assistant City Manager): Number 9 is the companion item. Vice Chairman Gort: Second. Commissioner Regalado: Read the ordinance. Vice Chairman Gort: Roll call. An Ordinance entitled --- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH A7"1-ACI-IMF.NT(S), AMENDING PAGE NOS. 37, 38, 39, 40, 42, 43 AND 44 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM O "OFFICE" AND C-1 "RESTRICTE=D COMMERCIAL" TO O "OFFICE" AND C -I RES'T'RICTED COMMERCIAL," WITH AN SD -23 "CORAL WAY SPECIAL OVERLAY DISTRICT" FOR THE PROPERTIES LOCATED APPROXIMATI-'LY ALONG CORAL WAY BETWFI±N SOUTHWT?S'r I'' AVENUE AND SOUTHWEST 37"" AVENUE (COMPLETE LEGAL DESCRIPTIONS AND ADDRESSES ON FILE WITH THE HhARING BOARDS OFFICE), MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECrIVF DATE. 262 July 26, 2001 z�� was introduced by Commissioner Regalado, seconded by Commissioner Tale, and Was paswd do first reading by title only, by the following vote: e 4 � AM:Commissioner Tomas Regalado �4 t} 4 ti4 Commissioner Joe Sanchez Commissioner Arthur E. Toole, Jr. Commissioner Johnny L. Winton d r' } Vice Chairman Wifredo Cion iv - one ,- ,git Ni ' yp ABSENT: Nonee,�°" x p ' ComMi:�aicttter' ah . exit d the "�\� J t v r hs {h� r S f 1u�7 S ,+a � �1•t pia'NE �` ,}��G vs �5c�k��✓'k t July M 2001 • 0 50. BRIEF COMMENTS B' COMMISSIONER WINTON. REGARDING FOOD. FOR STAFF, WHEN WORKING LATE NIGHTS. Commissioner Winton: Mr. Chairman. Vice Chairman Gort: Yes. Commissioner Winton: This is partially in jest, but partially not in jest. It's 9 o'clock p.m. We've bot a history now of staying late. I suspect we'll be here till at least midnight. In the back room, in the COW (Committee of the: Whole) Room, we've got a room full of City employees who arc also working their rear ends off. I've always had a policy when, in my own business, for years that if you're working on projects late at night, you know, 1, as the boss, bought pizzas, or Kentucky Fricd Chicken or some darned thing for the staff to cat while they were sitting in the back room. Commissioner reele: Or Peoples. Vice Chainnan Gort: Peoples Barbecue. Commissioner Winton: Or Peoples liarbecuc. And so I know that at the last marathon session we had, they all sat back there, and the City, because we're so broke, couldn't afford to buy sonic pizza for the people that are working their rear ends off all night back there. And I'm hoping that the Manager is making sure that there's something in the back room buck there for staff to get, other than popcorn and Goldfish. Vice Chairman Gort: How uhout for the Commissioners that are working our butts off? Commissioner Winton: Well, we can get up, and take a break and go get something. Vice Chairman Gott: OK. Let's try -- Commissioner Winton: No, I'm serious. I think, really, that when we have these marathon sessions, the Manager ought to go out and buy pizzas, or barbecue or whatever for staff in the back room. And 1 always do that when we have marathon sessions in my own business. Commissioner Teele: And what's really embarrassing is you've got people -- Dena Hianchino (Assistant City Managcr): We want you to order pizza. Commissioner Tecle: What's really embarrassing, Johnny, is you've got people like State Representative Rojas, who knows how this is done. I mean. And in Tallahassee, those guys all have pizza, and guys like Rojas and them bo out and buy it. And he knows what I'm talking about. So, you know, it's a lot of ways to be good corporate citizens. Vice Chairman Gort: I'm sure in Tallahassee, they don't have pizza. They have steaks. 264 July 26, 2001 [SI.F�RST READING ORDINANCE: ` AMEND ORDINANCE 10.544, CITY'S C=! HENSIVE NEIGHBORHOOD PLAN, BY CHANGING LAND USFi DESIGNATION FOR THE PROPERTIES LOCATED AT 7;0 ANIS 730 t4N. 60;,. STREET. FROM "MEDIUM DENSITY MULTIFAMILY -RESIDENTIAL" TO-' "RESTRICT` Di i CQMMERCIAL." (Applicant(s) :City of Miami) Vicc Chainran Gort: PZ. -1. Lourdes Slazyk (Assistant Director, Planning and Zoning)- PZ. -1 -- Conumissioner'I'ccic: No, no, please. PZ -12, and then we can go to 1, please. Ms. Slazyk: PZ -12 and 13 are companion land use and zoning items for property located at approximately 720 and 730 Northwest 60'x' Street. This is from medium density multi -family residential, equivalent to R-3, to restricted commercial with the SDA Martin Luther King Overlay District. The Department is recommending approval. 'rhe Planning Advisory Board has also recommended approval of this. 'this will unify the zoning of the property, and allow it to be developed in a way to enhance and better serve the area. Through the PAB (Planning Advisory Board) process is where we recommended the SDA zoning be applied to this, to make sure that whatever conics in is going to go through appropriate design review. There was sonic concern from some of the residents that they could bet sonic bib commercial shopping center with no buffets to the residential area. The SD -1 will make sure that we do a design review, and that those huffbrs arc done. Commissioner Teele: With buffers, et cetera. Ms. Slazyk: Yes, ,yes. So we recommend approval. Vice Chairman Go -t: This is PZ -1, right'? Joel Maxwell (Deputy City Attorney): No, no. Ms. Slazyk: This is PZs 12 and 13, companion items. Vice Chairman Gori: Twelve. I thought 1 called for 1. Conimissloner Teele: Twelve and 13. And this is City -owned land. :Vis. Slazyk: Yes. The Department of Real Estate and Economic Development -- Arleen Weintraub is here -- are the applicants. Commissioner Teele: Sir'? You just did 8, 9, 10 and 11. Vice Chairnian Gort: Right. We had jumped iron PZ -i -- (INAL:DIBLE) -- to get back into normal. 265 July 26, 2001 • 0 Commissioner Teele: OK. Well -- Vice Chairman Gort: But, fine, 12. Do we have anyone who would like to address on Item 12? Is there anyone that would like to address Item 12? Being none -- Commissioner Teele: 1 move the item, Mr. Chairman. Did you want to say something, sir? Put your name and address on the record. Lorenvo Simmons: Hi. My name is Lorenvo Simmons. I'm at 64S Northwest 62"d Street. I wish that the Commission move and approve the zoning change. Thank you. Commissioncr Regalado: Second. Commissioner Tecle: Just so that everybody is aware, this item came up in the Community Development 'Town Hall Meeting of '99, olid we committed that it would be done immediately. This is City -owned land, and it is right there on a commercial corridor, and it was zoned residential. That's on 7`h Avenue and 60`h Street. Commissioncr Winton: Docs two years qualify as "immediate"? Commissioner Teele: Yes, sir. Vice Chairman Gort: It's a resolution? Mr. Maxwell: No, sir. It's an ordinance. Commissioner Teele: Ordinance. Vice Chairman Gort: Where's the ordinance? Commissioner Regalado: I'll second it. Commissioner Teele: Thank you. Vice Chairman Gort: OK. Roll call. 266 .1uly 26, 2001 -rrr�tr�Q 0 An Ordinance entitled — AN ORDINANCE: OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE; FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 720 AND 730 NORTHWEST 60"" STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL'; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE. DATE. 267 July 26, 2001 0 • 52.'. FIRST READING„ORDINANCE; CHANGE' ONIN AS LISTED* IN O INANCE 1.1000-41T'S Z. O QRVINANPE, BY ” IN�r ONIN DPSI[QNA N FILM R=3 1V 1 L TIFAMILY -.-MEDIUM :. RNSIT'Y R991DENTIAI,.. AND 1 TRIC MOD— CO IAL; ; .0. ; .D I . MCA- Ll,3THER_ KI�iC� .BOUI. Y "' . CIO' S ` DTS2ROEftTIE �EIJ AT,72011"t,739 MW1,40T R$ET iNIJJ' 9 NW. 9 :i+�BNt1B'(A 1pbcaii` (s). Ciiy of Mit;tni) Vice Chairman Gort: Item 13. Commissioner Teele: Companion item. Vice Chairman Gort: Companion item. Lourdes Slazyk (Assistant Director, Planning raid Zoning): Thirteen is a conipanion. Vice Chairman Gort: It's been moved. Commissioner Teele: So moved, Mr. Chairman. Commissioner Regalado: Second. Commissioner Winton: Second. Vice Chairman Gort: Roll call. An Ordinance entitled — AN ORDINANCES OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 12 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING TILE ZONING CLASSIFICATION FROM R-3 "MULTIFAMILY MEDIUM DENSITY RESIDENTIAL" AND C -I "RESTRICTED COMMERCIAL" TO SD -1 "MARTIN LUTHER KING BOULEVARD COMMERCIAL DISTRICT" FOR THE PROPERTIES LOCATED AT APPROXIMATELY 720 AND 730 NORTHWEST 661,11 STREET AND 5988 NORTHWEST 7T'' AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SF.VFRAI3ILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 268 July 26, 2001 cod by Commissioner Tecle, seconded by Commissioner Regalado, ding by We only, by the following vatc: ' y` �'�� � f,Rb`�•3 V i i�FY �� �i' 1 AYES:Qturuionq' Tomas Regalado x `� :> bttlmissioner Arthur B. 7`eek� A,'v I ommissioner Johnny L Winton Vcc Chairman Wifredo Gott D'�niN St �'i�n• �i Zf � � ��.� ' N..11p,�'��'t COrnmisaionor Joe }. 53. FIRST READING ORDINANCE: AMEND ORDINANCE 10544, CITY'S COMPREHENSIVE. . NEIGHBORHOOD PLAN, BY CHANGING LAND, USE DESIGNATION TOR "PROPERTIES LOCATED AT 2660 .S.W. 17TH-'STRERT, 261'6 AND i 2MS.W 18TH STREET, 1835 S.W. 25TKpAVENUE.ANi?.181�; 1821,:1631x-1$35 A 1.83 , SV. 27TH,AVENUB FROM "OFFICE" TO "RESTRICTEA COMMERCIAL'.'; (Applicant($): City of Miami). Commissioner Regalado: Mr. Chairman, it' 1 can take PZ -16 and 17. 'rite people are here. They've been here for long. This is my district, and I'm ready to move the item. However, I do have a question, just to be clear on the possibility of -being accused of spot zoning. lwcrything is OK on 17'h Street. Twenty -Seventh Avenue, of course. is a commercial avenue. But we're going into 25'x' Avenue and IS"' Strect, so we're going into. Now, the explanation that I get front the Planning Director was that the folio was under the same name. and that is not being changed. So you tell me. Lourdes SLtzyk (Assistant Director, Planning and Zoning): Right. The zoning change will only apply to the properties that are in the graphic that's attached here that -- because those arc the legal descriptions that are being attached with this atlas amendment. Commissioner Regalado: 1 understand that, but -- Ms. Slazyk: So it's only going to be for the 27'h Avenue Montage properties. Commissioner Regulado: I understand that. But just to be clear, do we need to have the 25'h Avenue address or not? Vis. Slazyk: Yeah. That's the way the legal description read when the folio number was put into the ARPS (Accounts Receivable Property System) System, but this will not change the zoning on a 251h Avenue property. Commissioner Regalado: And how do we know that? Vice Chairman Gort: That's a good question. Joel Maxwell (Deputy City Attorney): Is the -- Dena Bianchino (Assistant City Manager): Should we bring it back'? Commissioner Regalado: i mean, because -- I nican, hopefully, we'll be here some years, but -- Vice Chairman Gort: It's a good question. Ms, Slazyk: Without doing some kind of an inquiry into ARPS, 1 guess I can't really answer that question right now. 270 July 26, 2401 -t110im • Commissioner Regalado: Well, I'll tell you what. I'll move the item. This is on the first reading. Ms. Slazyk: The worst case scenario is by second reading, we remove an address, which wouldn't make it technically illegal. Commissioner Regalado: If you remove an item, it would not be a major -- Mr. Maxwell: You can reduce it, that's right. Coin in i ssioncr Regalado: Reduce. Ms. Slazyk: You can't make it more. Mr. Maxwell: There's nothing wrong with removing addresses. Commissioner Regalado: So it would not have to go through the whole process. Mr. Maxwell: That's correct, Commissioner Regalado: So we just do this -- Ms. Slazyk: And we'll check that. If we need to remove it, we'll remove it for second reading. Commissioner Regalado: OK. I'll move the item. Vice Chairman Gort: It's been moved and seconded. Any discussion? Commissioner Winton: Yes. I'll second. But I haven't heard -- I'm curious. 1 don't get the rationale, Would you explain that to me, why we're doing this'? Ms. Slazyk: Sure. Twenty -Seventh Avenue is a commercial corridor. There are segments of 27`h Avenue that have office zoning, and segments in this part that have C-1 zoning. Generally, the C-1 zoning is when there's R-2 behind it and the offices with the R-1. Because there's insufficient G1, there are certain types of neighborhood retail. and services that arc having trouble accommodating their businesses in this stretch of 27h Avenue to serve the large residential base. This change is the most logical change on this corridor, because it's adjacent to R-2, and it follows the sante pattern of 27`h Avenue, and it will increase the C-1 capability for the neighborhood retail and services. This isn't regional. It's a very narrow strip, and it's going to accommodate the types of neighborhood services that they need here. Commissioner Winton: Well, maybe you can help me with the map. This demarcation line that seems to be here, are you saying that everything -- 1 don't know what direction that is -- north -- 271 July 26, 2001 Ms. Slazyk: Actually, this one might -- the next item, the companion item, you can see a lot better in the zoning change. This is a -- this particular two-block stretch of 271h Avenue has "O" zoning, office. Just above it -- Mr. Maxwell: Ms. Slazyk, can you identify what you're reading from right now? Ms. Slazyk: OK. I'm pointing to the zoning atlas page that is in question here on Item -- Mr. Maxwell: Which is for the next item. Ms. Slazyk: The companion, Item 17. The two and a half blocks just north of it are zoned C- 1. And as you move up, then you see the office zoning with R-1 behind it, C-1 zoning with the R-2 behind it, and then this little stretch is a two-block stretch of office zoning with the same R-2 zoning behind it. if you're going to look for expansion of C-1 on this segment of 27'h Avenue, this is the most logical place to put it, because it's up against R-2, which is the same pattern that already exists on 27'h Avenue. Commissioner Winton: So why haven't you done it on both sides of 27th Avenue? Ms. Slazyk: The other side has R-t zoning behind it. Commissioner Winton: Oh. 1 looked at it like -- OK, I got it. OK. Ms. Slazyk: OK. Commissioner Winton: I'm with you. Now I understand. Commissioner Regaludo: And let me tell you, I live two blocks from there. So it's the best scenario for 27th Avenue. Twenty-Seventh Avenue should be commercial. My only concern is that technically, in theory, you are going into -- deep into the residential, and it's going to be recorded. And when you're not here and I'm not here, it's going to be -- Ms. Slazyk: We'll look into that and correct it. Vice Chairman Gort: Yeah, it's going to he 25th Avenue. Ms. Slazyk: Yeah. No, you're right. We'll look into that and correct it, It may have just been a scrivener's error in ARDS. But I have to probably check it through the County system, because ours feeds off of theirs. Commissioner Winton: But, Commissioner Regalado, why would we take the risk that some way or another, this slips through -- because your point is absolutely outstanding. Ms. Slazyk: Yeah. 272 July 26, 2001 �ZQ� Commissioner Winton: If through some strange set of coincidences, 25`h stayed in the public record, then you're absolutely right. Commissioner Regalado: No, no. That's why we are voting -- Commissioner Winton: So why wouldn't we defer this -- Commissioner Regalado: No. We're voting -- because I want to -- Mr. Maxwell: First reading. Commissioner Regalado: I want not to stop the process. We can do -- on the second reading, we can reduce that. We can take it out. Ms. Slazyk: Yeah, first. Yeah, OK. Commissioner Winton: Man, 1'd stop the process, but it's up to you. 1 would stop it. Commissioner Regalado: So I'll -- Vice Chairman Gori: This is first reading. They have a chance to correct all that on second reading. Commissioner Regalado: I'll move it. And in the second reading, I'll make sure. Hoperully, I'll be here. Ms. Sla7yk: Yeah. Commissioner Regalado: If I'm not, Johnny, would you remember me and -- Commissioner Winton: On me. All right. Deal. Vice Chairman Gort: It's been moved and seconded. Anyone in the public who would like to address this item? OK. Is this an ordinance or -- Mr. Maxwell: Yes, sir. Vice Chairman Gort: Read it. First reading. Commissioner Winton: Just want to point out that he read "25'h Avenue" into the record, before we vote here. So you'd better make -- you'd better hope that we don't all, you know, got in the same airplane and crash between now and the next round. Vice Chairman Gort: It's only first reading. 'There has to be a second reading. Roll call. 273 July 26, 2001 i� An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP O THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED APPROXIMATELY AT 2660 SOUTHWEST 17"i STREET, 2616 AND 2695 SOUTHWEST 18" STREET, 1835 SOUTHWEST 25'" AVENUE AND 1813, 1821, 1831, 1835 AND 1839 SOUTHWEST 27"{ AVENUE, MIAMI, FLORIDA, FROM "OFFICE" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A RF.PFALER PROVISION AND SEVERABILITY CLAUSE; ANI) PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Regalado, seconded by Commissioner Winton, and was passed on first reading by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L, Winton Vice Chairman Wifredo Gort 274 July 26, 2001 • • 54..FIRSTs`READING.ORDINANCE: CHANCE ZONING AS LISTED-- IN ORDINANCE 11000, CITY'S ZONING ORDINANCE, 13Y AMENDII ZO1 ING.DESICNATIC�N FROM `O "CB ICE" TO-C"1-"RESTRICTEA CQMMERCIAL- OR PROP.ERTIAS-LOCATED AT-' 2666.1.1W.', 17Trt STREETo 2616* AND 2695 S.W.. 18�" `STREET, ,1835 S:W. 25'I" AMtNUE AND 1813, 1821;1831; 1835 AND 1839 $,W, 27tH AV JE (A$Plicarit(s): City 0Miami);= ` Vice Chuirnian Gort: Eighteen is the companion item. Commissioner Regalado: Move it. Joel Maxwell (Deputy City Attorney): I think it's 17. Commissioner Winton: Second. Vice Chairman Gort: Seventeen, Lourdes Slazyk (Assistant Director, Planning and 'Zoning): Seventeen, 17. Commissioner Regalado: Move it. Vice Chairman Gort: It's been moved, second. Roll call. An Ordinance entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 39 OF THE ZONING ATI.AS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM O "OFFICE" TO C-1 "RESTRICTED COMMERCIAL" FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2660 SOUTHWEST 17"' STREET, 2616 AND 2695 SOUTHWEST' 18""{ STREET, 1835 SOUTHWEST 25Th AVENUE AND 1813, 1821, 1831, 1835 AND 1839 SOUTHWEST 27"" AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Regalado, seconded by Commissioner Winton, and was passed on first reading by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez 275 July 26, 2001 mmmm 55: APPROVE SUBSTANTIAL MODIFICATION TO APPROVED MAJOR USE' SPECIAL. PERMIT.- FOR MUTINY II PROJECT, LOCATED AT -2889 MC FARLANE RQAD, TO APPROVE` SERIES- OF MODIFICATIONS,. --INCLUDING.. HEIGHT •VARIANCE, MODIFICA9 ION TO.I)EVELOPMENT PROGRAM:.TO, CONVERT;RES,IDEN : . — UNI;T§, To. HOTEL USE, -ADD HOTEL ADMIMSTRATION - OFFICES ; AND MODIFY•'PARKINGI- REQUJR 1MENTS_ AND OVERALL COUNTS, 'AND. ACCEPT COVENANT RELATED TO MODIFICATIONS (Applicant(s): Mutiny on the Park, Ltd.). Lourdes Sla2yk (Assistant Director, Plunning and Zoning): PZ -1? Vice Chairman Gort: OK, let's begin from the beginning. PZ -1. Ms. Slazyk: PZ -l. PZ -1 is a modification to the Major Use Special Perntii for the Mutiny Condominium Phase 11 Project at 2889 McFarlane. 'this was deemed a substantial modification because, first of all, it includes a height variance that was based on the calculation of the crown of the road from McFarlane versus Bayshore. But the biggest change is a program change, development program change. A certain number of the residential units within the project are going to be convettied to it transient use, a hotel. The Sonesta is going to be coming in to uperate the hotel for them. And what they needed to do was take some of the parking garage area and convert it to the administrative offices for the hotel use. This was able to be done because going to a hotel use changed their parking counts. And what the City requested, by %say of ensuring that a certain amount of units always stayed in the hotel use, was request a covenant with all of the safeguards and reporting mechanisms required. This has been recommended for approval by the Plaruiing Advisory Board, and the Planning and Zoning Department also recommnertds approval, finding that the additional hotel use in the heart of the Grove is going to benefit the Grove by providing such opportunities fur visitors. Vice Chairman Gort: Thank you, is anyone in opposition to this item? Is anyone in opposition to this item? Commissioner Winton: Could I ask Lourdes a question? Vice Chairman Gort: Sure, go ahead. Commissioner Winton: Is the findings -- Planning and Zoning i)epartment's recommending approval of requested modification of the following conditions. This conditions page, are those conditions going to become it part of the public record? :vis. Slazyk: Yes. Actually, the legislation that is in your -- Coin in i ssioner -Coininissioner Winton: So what I want to clarify here is this paragraph under "C." Under "A," "B" and "C," there's a paragraph here. The first two sentences make absolutely zero sense. Ms. Slazyk: All right. 276 July 26, 2001 IIIZIif401! 0 CJ Commissioner Winton: And so I won't read them into the public record. But at least my copy isn't English. Ms. Slazyk: Oh, I sec. Yeah. Well, what actually ended up in the legislation was modified at the Planning Advisory Board. Yeah, there's a grammar error in there. Let me read exactly what's in the legislation. Commissioner Winton: There's a structural error in the sentence. Ms. Slazyk: All right. The square footage upon which the 40 parking spaces to he converted are -- wait, Actually, it's in the I_Aw Department's, too. Square footage upon which the 40 parking spaces to he converted -- Commissioner Winton: You see'? Ms. Slazyk: Yeah. Com►nissioncr Winton: See? 'That's where, l stopped. Ms. Slazyk: Yeah. What it is, is the -- yeah, l know what you mean. We'll fix it. We'll fix it. Commissioner Winton: Thank you. Ms. Slazyk: Basically. it's supposed to say that that square footage is going, to be — is the-- there are 40 parking spaces. They're going to be converted to the administrative offices for the hotel, and that they can only be used for that as accessory, and not for hotel rooms, because that will change parking counts and that sort of thing. And then it goes into how they can abandon it, how they have to notify us, and if it were abandoned, how long they have to put it back to parking. Commissioner Winton: Got it. So there's no one in opposition to this? Vice Chainnan Gort: No one in opposition. Commissioner Winton: So I would move staff recommendation. Commissioner Teele: Second the motion. Vice Chairman Gort: It's been moved and seconded. Any further discussion? Mr. Attorney, is this a -- Joel Maxwell (Deputy City Attorney): This is a resolution. Vice Chairman Gort: A resolution. All in favor state it by saying "aye." The Commission (Collectively): Aye. 277 .Ittly 26, 2001 0 • Vice Chairman Gort: Thank you. "Thc following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-781 A RESOLU'I'ION OF THE MIAMI CI'T'Y COMMISSION, WITH ATTACHVIENT(S), APPROVING WI.1'11 CONDITIONS, A MODIFICATION TO THE MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 17 AND 22 OF THE ZONING ORDINANCE NO. 11000 FOR THE MU'I'iNY CONDOMINIUMS PHASE 11 (MUTINY ON THE PARK) PROJECT, TO BF, LOCATED AT APPROXIMATELY 2889 MCFARLANE ROAD, MIAMI, FLORIDA, APPROVED BY THE CITY COMMISSION ON APRIL 28, 1998, PURSUANT TO RESOLUTION NO. 98-444, TO MODIFY SAID DEVELOPMENT ORDER BY INCREASING THE OVERALL HEIGHT OF THE RESIDENTIAL TOWER, ADDING HO'T'EL. USE (PRIVIOUSI.Y APPROVED AS APARTMENT/1I0TF.1.), THEREBY MODIFYING THE OVERALL PARKING REQUIREMENTS AND PARKING COUNTS, AND ACCEPTING A COVENANT RELATED TO SUCH MODIFICATIONS; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.. (Ilere 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: ote: AYES: Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez 278 July 26, 2001 41+ 56., APPROVE SUBSTANTIAL MQA]AiCATIDN T =MAJOR USE SPECIAL. P RM1T _ API S1i '3'>�QN .FOR $R1C4ELL - QN:=RIVER PRO 71 T;OG`A'1{BD RT �' QTR, TQ •MODIFY DLVELQPINT Pit©GtVi�D =' WAN:. Pti�' . IVl;W ;POI?QS7�i. W1I,L :,GO>\1SIST vy. P:ESIUEI�iT f VVTf' ACS OiY R$EATI(SIiAL, ItETAILr.AiV> <OiCE S$ACfi, ��D �A►t�y+ SPAZBS' licaizt(s);' Bizckell on tti'River, Inc.). Vice Chairman Gort: PZ -2. Lourdes Slaryk (Assistant Director, Planning & Zoning): PZ -2 is a substantial modification to the Brickell on the River Major Use Special Permit Project, located at 27 Southeast 5"' Street. 'they're also modifying the dcvclopmcnt program and amending the design of the previously approved project substantially. It's a whole new design. The new development program is going to consist of 712 residential units. Commissioner Teele: Is there anyhody in opposition to this? Vice Chairman Gor1: Are you rccommending approval with conditions'? Ms, Slazyk: We're recommending approval with conditions. Commissioner Tccle: With conditions. Ms. Slaryk: But one of the conditions is basically on some of the design issues. Commissioner Tecle: I move the Director's recommendation. Vice Chairman Gort: There's a motion. Is there a second? Commissioner Winton: Second. Commissioner Teele: I would like to inquiry, Ms. Dougherty, are they acceptable? Lucia Dougherty: Yes, sir. Vice Chairman Gort: OK. Is there anyone who would like to address this item? Being none -- Commissioner Winton: One last comment. Vice Chairman Gort: Yes, sir. Commissioner Winton: is this at the phase where you talk about the parking plan for construction workers? Ms. Slaryk: Yes, this is exactly -- 279 July 26, 2001 • Commissioner Winton: So in all of these major projects, I want to get that same language that we talked about earlier -- Ms. Slazyk: Absolutely. Commissioner Winton: -- plugged in here, so that there is enforcement required, and penalties for failure to enforce. So 1 don't know what that language is. Commissioner Teele: I accept it as an amendment. Vice Chairman Gort: Any further discussion? Anyone in the public who would like to address this item? Show that no one comes forward. All in favor state it by saying "aye." Commissioner Teele: As amended. Vice Chairman Gort: As amended. All in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved for its adoption. RESOLUTION' NO.01-782 A RESOLUTION OF THE MiAMI CITY COMMISSION, WITH ATTACHMENI(S), APPROVING WITH CONDITIONS, A MODiFICATION TO 771E MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 17 AND 22 OF 'ZONING ORDINANCE NO. 11000, FOR 11114 BRICKELL ON THE RIVER PROJECT, TO HE LOCATED AT APPROXIMATEIA' 27 SOUTHEAST 5"N STREET, MIAMI, FLORIDA, APPROVED BY THE CITY COMMISSION ON JULY 13, 1995, PURSUANT TO RESOLUTION NO. 95- 597, TO MODIFY SAiD DEVELOPMENT ORDER BY AMENDING THE APPROVED DEVELOPMENT PROGRAM AND DESIGN TO PROVIDE A TOTAL OF 712 RESIDENTIAL UNITS, RE'T'AINING ACCT?SSOR1' RETAIL AND RECREATIONAL SPACE AND ADDING ACCESSORY OFFICE SPACE, AND PROVIDING APPROXIMATELY 872 PARKING SPACES; DIRECTING TRANSMITTAL OF THE HERFIN RESOLUTION, MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 280 July 26, 2001 exp (Herr, follows body of resolution, omitted here and on filo in the Office of the City Claris.) Vppn;bft seconded by Commissioner Winton, the resolution was passed and adopted by tlt� A': ,miianerTomas Rogalado }tirnmissioner Arthur E.1 eele, Jr. ' rF ' ,vro A • y Cbt unissionw Johnny L. Winton �y�yy� w `!��/� /'�.� lil�all ^,•aMMM' �ii/1 t { 1 rS ^' ; 4 • � �N^�� '�'fiJ.� NA - a. .��'""i F tib � .{�+'{ , x* '- re", - t: � JS�� kC !it10". �" y��•.... .et�ntiy�...>�Yf .ey i'' .J9 _ 'a �{�•i (fit � K 4 r ,ter K t 5 4N s 3 , .t Z F a w s d'' >frr� : ''' "si ,'� rL, �� Jn' N� p• � .. R G+.�t,...'a fi tri, 5 yf� �+T's � f � n4ldNVs N- ".�h�hx� .,-y r` is�s".k;.fi�' t iL n 281 July 26, 2001 57.. APft E QFFICIAL VACATION AND OSURB OF ,, STRJ T ANI.? ALLEY LOCATB.O-AT PORTION OF N.E. 20"' STREET ;BETWEFoN: MSCAYNF,.,BCWL15VAI AND a,1,5 yAYNEBAY, AND, PORTION OF' ALI '' I'ARALLEL`'TO NX. 20rH'�'B CE AND Ni�E.?420T" STREET BETWFEIx' BISdAYNI QUIEVARD` AN1a,I3ISCA°YNER P►'K (Applicaiii& The Fin�oc Companies):' ' ' Vice Chainnan Gort: PL -3, 200 Biscayne Boulevard -- South Biscayne Boulevard, Vacation and closure. John Jackson: OK. John Jackson, Director of Public Works. This is the official vacation and closure of a public right-of-way. It's of Northeast 20°i Street, an alley between Biscayne Boulevard and the bay. Commissioner Winton: John, could I ask you a question? Mr. Jackson: Yes, sir. Commissioner Winton: This doesn't -- this is only an action that allows for official closure of that public right-of-way. Mr. Jackson: Yes, sir, that's correct. Yes, sir. Commissioner Winton: It does not transtcr title to anyone yet; is that correct? Mr. Jackson: Yes, it does not transfer -- Commissioner Winton: Doesn't? OK. Mr. Jackson: -- doesn't transfer title. Commissioner Winton: OK. Thank you. Joel Maxwell (Deputy City Attorney): There -- Commissioner Tecle: This is outside of the CRA (Community Redevelopment Agency) boundary, right? Vice Chairman Gort: Yes. Commissioner Winton: No. Well, is it? Commissioner Teele: It was a scrivener's -- Mr. Jackson: I think it's north. Vice Chairnian Gort: The Omni CRA? 282 July 26, 2001 Commissioner Teele: We always thought it was within. It's legally without. So, for some reason -- Vicky Garcia -Toledo: For (lie record, Vicky Garcia -Toledo, with offices at 2500 First Union Financial Center. I had a meeting with the Attorney for the CRA, Mr. Bloom, last week, and he informed us that, in fact, it is outside of the CRA. I've had some preliminary conversations with the City Attorney, as well as with Mr. Maxwell, and we are going to be addressing that, and, hopefully, finding some resolution before the first meeting in September, and bringing the previously approved resolution back to you for review. Mr. Maxwell: Commissioner, just to clarify the record on a comment you made. We had our staff take a look at this, based on the question we knew you would ask on that. And as it applies to the City -owned property that's the subject of this, it does not change ownership, the vacation and closure doesn't. But as it may apply to small portions of alleys that are privately owned, with the vacation, the title would officially, technically transfer at this point, but it docs not vest. So you can -- until the plat's recorded later. So you could adopt this and without fear of the concerns that 1 think you have on that. Commissioner Tccic: Well, are you saying it does transfer at sonic point? Mr. Maxwell: It does, but the plat -- until the plat is officially recorded. Commissioner Tccic: Yeah, but that wasn't his question. I mean, you had two people to say "no." But what you're saying is the answer is "yes," after -- Mr. Maxwell: 'They're talking about the City properly. Commissioner Teele: Huh? Mr. Maxwell: No. See, you have -- what you have, most of this public right-of-way is City property. The City properly doesn't change hands. But on the private property, there are a couple of alleys or something thcro. Un that, it would, by operation of law, transfer when the plat's recorded, officially recorded. Commissioner Winton: Which would he when? Ms. Garcia -Toledo: I think Commissioner Winton: Which would be when? Mr. Maxwell: She can tell you when that could happen. Commissioner Teele: What value does the City bet for this? 283 July 26, 2001 Ms. Garcia -Toledo: Commissioner, t think I should answer that question. We have -- by this action tonight, we have two separate closures: One is the alleyway and one is the street. This street ;s owned, tee simple, by the City of Miami. Su upon closure, it reverts back to its owner, which is the City of'vtiami. This alley -- and this is an anomaly in ownership. It's different than 99 percent of all the streets that you have in the City. Nonnally, by State statute, whenever a City (sic) is closed, it reverts back to the fee simple owner on tither side. So the alleyway, which is what Mr. Maxwell wits rctcrring to, upon closure, goes 50 percent to each property owner on either side. In this case, we happen to own all of than, except for one portion of the alleyway. Commissioner TCeie: i just want to establish tine thing. These are great deals. And what I don't want to see, Mr. Director, is you all to recommend any of these kind of deals in the CRA arca, especially in Park West, where everybody's trying to figure out rtowV how to snatch free land from the City, for no money, that's very valuable. You see, what she's saying is that top yellow line, which is probably worth some number of dollars per square loot, is going to revert, with no consideration to the City, hack to the owners on either side, proportionately; is that right? Ms. Garcia -Toledo: Correct. Commissioner Teele: With no consideration. And that's the way the law allows it, but that's not something that she's entitled to -- I don't mean you per se -- but anyone is entitled to as a matter of right, That's it discretion that we make. And the City has been giving away and giving away this right. And I've got an issue tonight, because there's some land that's missing that nobody can figure out how it gut transibrred. But that's another issue we're going to take up. But it involves the same question. And so I thirLk Commissioner Winton's point is both enlightening, and it's helpful, because a lot of us are operating under the view• that the title docs not transfer. But I was told by your very competent staff, in certain cases, that it does transfer, and this appears to he one of those cases. I'm talking now about the railruad-abandoned right -of' -way between I Ort' and 11 rr' through -- from Biscayne Boulevard to the railroad track in Park West. That land is titled to the City. And everybody is now trying to figure out how to transfer it over. And it's worth millions of dollars. Commissioner Winton: And what I was -- Commissioner Teele, what I -- and the reason 1 asked the question is because i wanted to make sure that in our documents with the developer, we have -- that we include a reverter clause that obligates the developer to begin construction within a certain period of time, and if the developer doesn't begin construction, there's a reverter clause that sends everything; hack where it started from. Commissioner Teelc: That's brilliant. I would -- are you going to make that an amendment? Commissioner Winton: Well, what 1 -- I was told a little earlier that this wasn't the stage at which we needed to do that, and that's what I was trying; to get clarified there, and now I'm contused. Commissioner Tecle: You were told that by the attorney -- Commissioner Winton: No. Actually, one of my -- 284 �IiZr�sf July 26, 2001 Commissioner Tecle: -- or by some of the other lawyers? Commissioner Winton: No. One of my staff people came and told me that they'd talked to someone who'd suggested that. So now I'm confused, and we do need to get the question answered. Ms. Garcia -'Toledo: May I finish explaining something? Commissioner Teelc: 1 can tell you one thing. It' you do this, you're going to have a real estoppel argument. Vice Chairman Gort: Mr. Attorney, there's a question addressed to you. Mr. Maxwell: Well, we had spoken to the Commissioner's staff earlier today. And as I indicated during my comments just a moment ago, 1 said that we had staff take another look at that issue, and look at the effect of the alley abandonment. So -- but -- and that's when we came to the conclusion that I spoke of a moment ago. Commissioner Winton: Well -- but it doesn't happen until the plat's recorded, you said. And the plat gets recorded how Ions'? Mr. Maxwell: I'm saying -- well, in this case -- site can tell you. Commissioner Winton: OK. Ms. Garcia -"Toledo: I need to address that. What you're looking at is a tentative plat, And what you're saying is that based on this tentative plat, you will pennit that the streets be closed, the alley be closed. We will be back before you with a final plat. What you're doing by authorizing these street closures is for our surveyor and your Public Works Department to prepare a final plat that will show, in fact, the street closed. It will also show the property that we -- that the applicant is dedicating and giving to the City for the creation and connection of North Buyshore Drive. Commissioner Teele: I agree with you. But what's wrong with what Commissioner Winton asked? Why don't we put a clause on there right now? It has no binding effect until you come back. But at least, if he's not on the dais the day it comes back, or if he happens to be busy with something else, that this isn't going to get lost in the idea. And 1 think there's nothing wrong with Iiim putting a clause on here, if lie chooses to -- I would certainly support it -- that says -- Commissioner Winton: I don't think they were opposed. Commissioner Teele: Sir? Commissioner Winton: I don't think the developer was opposed to me putting that on now. So let's -- in fact, let ntc hear -- because I had some additional parts to it, and I'll tell you what the 285 July 20, 2001 concept was here. It was to require the developer to begin construction, and i think we've come up with a new definition today, in terns of beginning construction. And that means when the permit is issued. Didn't I hear that earlier. in terns of another issue? Ms. Garcia-Toledo: Yes. it's usually -- Commissioner Winton: Well, let them deal with that. Yes, i did hear that earlier today on another issue, when we were talking about how you define that. And further, that the developer cannot substantially modify the existing plans or transfer ownership of this site prior to commencement of construction. Should the developer not begin construction, or should the developer try to transler ownership of the�,: plans, then the reverter clause would kick back in. Now, what the purpose of this is, is to assure that the plans that we're approving today get built in substantially the form and substance that the Planning Department has approved, and not allow the developer to get this approved. He flips it. He goes away. Then a call comes back to us. We're gone and something else gets dune. Ms. Garcia-Toledo: Commissioner, there's no plans being approved tonight. Those are wonderful items or conditions for the Major Use Special Pemiit that we have to bring before you. This is different, '['his is (LNINTELLIGIBI.F.) plan. Dena Bianchino (Assistant City Manager)' Commissioner, if I could make a continent. We discussed this with the City Attorney's Office, and certainly, the plans on file with the Planning Department have to be stuck to, so to speak. But the issue of-- Commissioner Teele: Are there plans on fi:e? Ms. Garcia-Toledo: Yes, sir. Ms. Bianchino: -- the developer not being able to sell his property, I was told by (lie City Attorney's Office that you cannot impose that requirement, if he wants to sell his property-- Commissioner Winton: Then we don't have to -- Vice Chairman Gort: We don't have to approve this. Contmissioncr Winton: Then we don't have to allow the transfer. Commissioner Teele: Well, then we don't have to do that. Vice Chairman Gort: We don't have to approve it, then. Ms. Bianchino: But let me just ask you, krhy would you care who built it if they were building it according to the plans that you -- Commissioner Winton: Because I've been around this City too long, and I've seen developers, many, many times flip the project that we'%-c all approved. Then the next guy sits on it for three, 286 July 26, 2001 I 0 El or four or five years. We're al! gone. The new guys come in, and some new deal gets put on the table. Commissioner Teele: Let's just call this -- Commissioner Winton: And I'm saying the City is stepping to the plate to provide an opportunity here for the right kind of development that we want on this table, and our condition to allow that is that. Ms. Garcia-Tolcdo: Commissioner, we have absolutely no problem with the conditions that you're talking about. We just need that reverter to disappear at some point prior to our getting financing and construction of the building, because the financing might be iffy if we have a building permit, are ready to build, and there is a reverter. But that's something we can certainly, you know, discuss. Mr. Maxwell: And Commissioners, if I may. If we find that any condition that you've asked for, upon review, is improper, then we'll bring it back to you. Commissioner Winton: Thank you. Commissioner Tecle: Second the motion, as amended. Vice Chairman Gort: OK. It's been moved and seconded as amended. is there any Nilher discussion? Anyone who would like to address this item? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. Ms. Garcia -Toledo: Thank you. The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-783 A RESOLUTION OF TH14 MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING,, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY, BRING THE PORTION OF A STREET AND ALLEY LOCATED AT APPROXIMATELY NOR'TI IEAST 20"STRITT BETWI EN BISCAYNE BOULEVARD AND BISCAYNE BAY, AND A PORTION OF AN ALLEY PARALLEL TO NORTHEAST 20"" TERRACE AND NORTHEAST 20"" STRIa;'1' 13ETWEEN BISCAYNE BOULEVARD AND THE BISCAYNE BAY, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," ATTACHED AND ]INCORPORATED, SUBJECT TO THE REQUIREMENT THAT THE PUBLIC RIGIIT-OF-WAY SHALL REVERT 13ACK TO THE CITY OF MIAMI SHOULD THE AREA NO LONGER BE OWNED OR REQUIRED BY THE APPLICANT. (Ilere follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchev 288 July 26, 2001 • 58. APPROVE SPECIAL EXCEPTION, AS LISTED IN ORDINANCE 11000, CITY'S ZONING ORDINANCE, SECTION 612; SD -!I 2 SPECIAL BUFFER OVERLAY DISTRICTS, TO ALLOW SURFACE PARKING FOR PROPERTY LOCATED AT 724.N.W. 1471{ STRHET (A plicant(s); AT&T Co .oration). Vice Chairman Gort: P7-4 is a -- Lourdes Slazyk (Assistant Director, Planning and "Zoning): No, it's not a companion. PZ -4 -- Vice Chairman Gort: Seven Twenty -Four Northwest 14" Street. Commissioner Tcele: .Icsus, I'm tired. Ms. Slazyk: Right. This is a special exception that requires City Commission approval in order for the SD -12 Special Buffer Overlay District, to allow surface parking at this property, This property was the subject of another zoning change sonic time ago, in order to work toward this particular solution as a final solution to parking issues. The — C.omtnissioncr Teele: Now, is this the old AT&T (American Telephone and 'Telegraph) there on the corner of 1411'? Ms. Sla7yk: Yeah, TC1 (Telecommunication, Inc.), right Commissioner Teele: You know, arc you all going to ever cite the County in that illegal surface parking lot that's right across the street from them? What's really bad is when we have two standards, These people have got to bo through and do it all right. And right across the street, you've got it Women's Detention Center that is one of the worst illegal -- and it wouldn't be in the :Manager's -- it wouldn't he in front of the Manager's house. it wouldn't be in front of the Mayor's house. It wouldn't be in front of Johnny Winton's house. But it's fine to do this in front of the Habitat neighborhoods. The County needs to be given citations, and we need to niuke them clean up that Women's Detention Center parking lot. And here they are, Dying to do everything right. And it's two systems of standards ]fere. One, they've got to do -- it's directly across the street from them. Directly across the street front them. .And, I mean, I commend AT&T, because they're trying to do the right thing on this. Conunissioner Winton: Actually, it's Tunny, Commissioner Teele. I was going to ask the question: How docs this nc�% parking lot impact the west side of Northwest Id"' Court, where you have single-fami ly honies? So -- Commissioner Teelc: This was a debate. It was a very real consideration. You've got a very unique neighborhood. It's called the Highland Park. And we're going to he talking about downzoning there tonight, consistent with requests that we've lot. At least we're going to begin that process. But this is it carefully crafted compromise, I think. Is that -- 289 July 26, 2001 Ms. Slazyk: Well, let me explain real quick. What the SD -12 does -- and Commissioner Winton, this will answer your question -- it allows parking in the back to serve the adjacent commercial, but there's no ingress or egress there. There's a 20 -foot -- Commissioner Winton: No what? Ms. Slazyk: No ingress or egress. Commissioner Teele: Can't come in. Ms. Slazyk: So you're not going to have cars. There's a 20 -foot landscape buffer on that side. Without doing this, what happens is the -- Commissioner Winton: No, I'm with you. Ms. Slazyk: -- insufficient parking will spill into the neighborhood. Commissioner Winton: Right. Vice Chairman Gert: That will really improve the area. Commissioner Winton: Twenty -foot landscape buffer is great. Ms. Slazyk: This controls it. This controls it. Commissioner Winton: Perfect, perfect. Ms. Slazyk: And our only condition here was that they give us a new landscape plan for our final review and approval that will increase the size of the trees, and make it all, you know, a softer edge. Vice Chairman Gort: Is anyone in opposition to this item? is anyone in opposition to this item? Commissioner Teele: You did a great presentation, ma'am. Unidentified Speaker: Thank you. Vice Chairman Gort: ,Show there's no one that's come forward in opposition. Do I have a motion'? Commissioner Tecle: So moved, Mr. Chair. Commissioner Winton: Second, Vice Chairman Gort: It's been moved and seconded. Is there any further discussion? Being none, all in favor state it by sayii:g "aye." 290 July 26, 2001 The Commission (Collectively): Aye. Vice Chairman Gort: Thank you. Great presentation. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 01-784 A RESOLUTION Of THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFFIRMING THF: RECOMMENDATION OF THF: ZONING BOARD THEREBY GRANTING A SPECIAL EXCFPTIO\ FROM THE 'ZONING ORDINANCE OF TME CITY OF MIAMI, FLORIDA, ARTICLE 6, SECTION 602, SD -12 OVERLAY DISTRICTS TO ALLOW SURFACE PARKING, FOR THE PROPERTY LOCATED AT APPROXIMATELY 724 NORTHWEST 14111 STREET, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (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: 291 July 26, 2001 59:. C(?NTINUL CO)`1SIDPRATION OF APPEAL. QF ZOI�(ING. BOARD'S P GP `R►1'ARo,Vwp�sp13t31AL EXC !PTION TQ ALLt7�V 1�IIQHTCLT 'i Q ' 11941, R ._I .OTIVEl A' 470.$OUTHW T 87 S REB ' TQ�SE t Np !?� CfUI✓,F L:Y'S 1 ?rl�. COMWS;OI M IFWNG. IN�.SEPT410BER 2001. +' j Vice Chairman Gort: Item 5. Commissioner Winton: You know. 1 suggested the Manager buy his staff some lbod back there. So he brought -- this is my contribution. Lourdes Slazyk (Assistant Director. Planing and Zoning): Ttem P7.-5 is a special exception to allow a nightclub use at the 3470 Southwest 8"' Sheet. It's an appeal of a special exception. I'm sorry. The Toning Board approved it with conditions. The Department recommends approval with conditions, and it has been appealed. The appellant usually goes first, but our conditions for the approval are listed in your -- in the fact sheet. Greg Moore: Commissioners, if I may. I have a motion to dismiss the appeal, as well. _ Vice Chainnan Gort: Excuse me. You have a motion to dismiss the appeal? Based on what? 'Phis is not a court of law. Eton Saul Brenesky: 'Thank you. Good evening. Vice Chairman Gorl: What's the procedure'? Joel Maxwell (Deputy City Attorney): First of all, he should introduce himself, place his name on the record and all that. Vice Chainnan Gort: Second, if he's paid his lobbyist fee. Mr. Moore: We did. Mr. Maxwell: He's paid his fees. Counsel, are you -- why don't you -- Mr. Moore: My name is Greg Moore. My address is 15225 ?northwest 77'x' Avenue, Miami Lakes, Florida 33014. I'm legal counsel for the applicant. I filed a brief in this case to dismiss the appeal filed by Mr. Roura. 1 believe that is the proper procedure. And so I'll put that on the record. I've got some items to be passed out to the Commissioners, in support of my motion. if you wish to hear the applicant first, that's tine. Or the -- Mr. Maxwell: No. first, before you hear the applicant, 1 think you should state the cause and basis for your motion to dismiss. Mr. Moore: True. All right. Last week I submitted to the Commission a memorandum in support of my motion, along with case law and some supporting documents. Our motion is really on two issues here. First of all, and most importantly, which is really supported by the 292 July 26, 2001 ATAT61"lr case law, and 1 think set forth very clearly in our memorandum, is that Mr. Roura is not an aggrieved party, and lie doesn't have standing to be here today. And under your Article 20, an aggrieved party is the only person who has status, an aggrieved status, who can file an appeal in a special exception matter. Commissioner Winton: Could I interrupt you for a second? Mr. Moore: Sure. Commissioner Winton: And T apologize. I'm confused about who lie's representing;. Mr. Maxwell: He represents the applicant. No, I'm sorry. Yeah, he represents the applicant, who obtained a special exception at the Zoning Board. That's Oz Nightclub -- not nightclub. It's Oz Restaurant. Unidentified Speaker: Oz Nightclub and Restaurant. Mr. Maxwell: Anyway, it's Oz. Vice Chairman Gort: Excuse me, sir. If you're going to speak, you have to state your name and address for the record. Commissioner Winton: So he's representing -- Mr. Maxwell: And this is the appellant. Armando Perez-Roura, Jr.: 1 would like to introduce myself. Vice Chairman Gort: You'll bet a chance. Commissioner Winton: That is opposed to what you're trying to do? Is that what -- ? Mr. Maxwell: The special exception. Commissioner Winton: OK. I got it. Thank you. Sorry. Mr. Maxwell: This gentleman, Mr. Perez, appealed the Zoning Board's granting of the special exception. Commissioner Winton: Got it. Mr. Maxwell: The attorneys for Oz have raised two procedural points. One, they say that Mr. Perez is not an aggrieved party, and they've submitted a memorandum in support of their position. You should know that yesterday, we were in court on this issue, as well, when Oz had sought an injunction against the City hearing this item. The court denied that injunction, so this item is -- and they raised many of their points, but the court did not get to the substantive issue, 293 July 26, 2001 m WAVAU0 which he's raising. Ile's saying -- and he can make his own argument. 1 won't make that argument, Mr. Pace will have the burden of quickly giving you information in rehuttal. Cominissioncr Winton: Got it. 'Thank you. I just had to -- thank you, and my apologies. Vice Chairman Gort: OK. Mr. Moore: Sure, sure, sure. Yeah, the City Attorney is correct. The Circuit Court judge yesterday said that we needed to exhaust all of our administrative remedies, and that means coming here tonight before you. And as he said, the argurnents are the same. The reason that Mr. Roura is not an aggrieved party, under the case law of this jurisdiction and around the State, is that the Commission trust look at Mr. Roura, not only as a citiLen of Miami, but also as a landowner, someone who is involved in the community. And what the cases state is that before Mr. Roura can become an aggrieved patty, this Commission must make a finding. and that is, does Mr. Roura own property in the conrtnunity? And lie absolutely does not own any property in Miami -Dade, Broward or Palm Beach County. Docs Nit-. Roura lice near my client's restaurant? And he, in fact, docs not live near, nor in the neighborhood or in the immediate vicinity. Does Mr. Roura work? Docs Mr. Roura work in Dade County? And he does not. Ile is not even employed in bade Cuunty. He has not been since 1908. I've trot some -- I took his deposition about a month ago, and I've got excerpts of that deposition in support Of our arguments today, which I'll make a part of Clic record, in the event this hearing is appealed. The way I understated the procedure is that the Zoning Board has original jurisdiction over special exception matters. And unless you, the Commissioners, find some fairly debatable standard, then you must uphold the ruling by the Zoning Board. And before Mr. Roura can conic before you and have standing to argue against the Zoning Board's decision, you have to determine that he is an aggrieved party. And only aggrieved parties have standing in order to bring these kinds ofappeals. So front a facival standpoint, and when you look at it and compare it to the case law in this State, Mr. Roura is not an aggrieved patty, and he cannot establish that. in fact, if you look at Itis reasons under the notice of his appeal, which is the -- actually, the notice asking this Commission to the 7.orting Board, he doesn't set forth any facts or any statements alleging why he is an aggrie,ed patty. Front it procedural standpoint, Article 20 requires that Mr. Roura put together a verhatim record of the lower proceeding -- in this case, the 'Zoning Board hearing. And as far as 1 know, as of yesterday, Mr. Roura has not done that, as well. So not only from a factual standpoint can Mr. Roura not establish himsell' as an aggrieved party, therefore establishing standing to be here before you today, Mr. Roura has not complied with the rules set forth under Article 20 that this Commission has adopted in its appellate process. So one of the very first things that Mr. Perez-Roura must do before coming here today is to create a verbatim record of the "Zoning Board hearing, which he has not clone. That is mandated by Article 20. It says, "shall be generated." And Mr. Perez-Roura has not done that. So front a procedural standpoint, Mr. Percz-Roura shouldn't be here, as well. Commissioner Regalado: Before you proceed, then, if he shouldn't be here, why did we take his check and put hint on the agenda'? Mr. Maxwell: You are the judicial body. You will make -- 294 July 26, 2001 Commissioner Regalado: No, no, no. I -- Joel, Joel, Mr. Maxwell: No, no. Well -- Commissioner Regalado: He's using sone legal language. Mr. Maxwell: That's his argument, Commissioner. Commissioner Regalado: Oh, OK, that's what I wanted to know. So you have to tell us if what he's saying is right or wrong. Mr. Maxwell. I would suggest to you that before -- I advise you that you hear from Mr. Perez, the appellant, so that he can place intonnation on the record to, in his opinion, rebut the argument. And then I will advise the Commission. Mr. Moore: I believe I call address your question. The hearing before the Zoning Board occutTed on May the 7'h of this year, Under your Article 20, the same article, beginning at Section 2000 through 2004, an appellant -- which, of course, has to be an aggrieved partly -- has 15 days in order to file the Notice of"Review. What Mr. -- if you read my, brief, and maybe you I aven't -- what Mr. Roura did was, at that 'Zoning Board hearing, he was able to assemble a few members of an association, which is adjacent to the property that my clients own, who are, truly, in fact, aggrieved parties. They came before the "Zoning Board. They made their arguments. The Board listened, took evidence, heard testimony, and voted, ruled accordingly. Mr. Roura, again, doesn't own any property. So his motive in assembling the association was to gather people who do have an interest in the special exception, in order to make the arguments against my clients achieving the special exception. Now, understand, my clients are able to operate a restaurant/nightclub till 3 o'clock in the morning. The special exception is only to allow them to operate till 5 o'clock in the morning. That's all that this is about. We have -- so 15 days after May 7'1', the notice was supposed to have been filed. Well, they did file it, jointly. Mr. Roura "led it jointly with lite association. And the reason he filed it jointly with the association is so fees wouldn't have to be paid, because under the Miand Code, if it property owner is within 375 feet of the location that is being appealed, they don't have to pay a filing fee. So when Mr. Roura assembled himself again with the association, who was a property owner, adjacent to my client's property, he didn't have to pay the filing Ibe.. Hut what happened was the association realized what Mr. Rour-a's true intentions were. So approximately two weeks aficr they filed the Notice of Appeal, which was on May 18'x', which was in the 15 -day period, the association pulled out. They said, we don't want any part of this appeal any longer. They wrote a letter to the City Attorney stating, "We don't want any part of Mr. Roura's appeal. lie's on his own." And according to Mr. RuUra'S own testimony, under oath, in his deposition, and his Notice of Appeal, lie filed his application for rc%,iew jointly with the association. He didn't even pay his filing fee until :ill days after the application was filed. Article 20 specifically states, when you file a Notice of Review, you must file a fee together with the Notice of Review. That wasn't dune, either. Mr. Roura's violated at least three procedural rules in this appellate process. And this is why we say lie does not have a right to he here today. Vice Chairman Goth: OK. 295 July 26, 2001 • Mr. Maxwell: All right, Commissioner. Vice Chairman Gari: That's your statement. Now our Attorneys. • Mr. Maxwell: Commissioner, to address the issue of the fees, f would like you to hear from staff. That's Ms. Fernandez. She could tell you what happened on that, and then I could advise you right quickly. it won't take but a minute. Teresita Fernandez (Executive Secre(ary, Hearing Boards): Teresita Fernandez, from the Office of Hearing Boards. The appellant came with the association. That's why he didn't pay. However, when the association pulled out, he paid his fee. Mr. Maxwell: To answer --1 would advise you, Commissioner, that that was adequate. Vice Chairman Gort: My question is: We hear argument from the attorney saying that we should not be hearing this. I'm asking you, are we legally hearing this, or what should be our action'? Mr. Maxwell: With the comments of Ms. Fernandez on the record just now, I would advise you that you can legally hear vis-a-vis the pay -- Vice Chairman Gort: OK -- Mr. Maxwell: Commissioner, please. Vice Chairman Gort: Yes. Mr. Maxwell: -- the payment of fees. Now, 1 believe it's properly before you on the payment of fees. His other issue as to standing, Mr. Perez needs to indicate on the record why he thinks that lie has standing. And then i will advise you as to whether or not that is adequate, in my opinion. Vice Chairman Gort: OK. Yes, sir. Armanda Perez-Roura, Jr.: Hi. My name is Armando Perez-Roura, Jr. My address is 2975 Southwest 21" Street, Miami, Florida. 1 would like to -- Commissioner Winton: Excuse me. I'm sorry. Your address is what? Mr. Perez-Roura: 2975 Southwest 21 Street, Miami, Florida. Commissioner Winton: That's your residence? Mr. Perez-Roura: Yes. Commissioner Winton: Thank you. 296 July 26, 2001 Mr. Perez-Roura: Less than two miles away from Oz of Miami. About what lie said that I do not have any hearing to do this, I would like to pass to the City Attorney, for he can check it out. This is the lease. This is the lease for Oz of Miami, Inc. That lease is guaranteed by myself. In other words, I am the personal guarantor of -- that the rent of Oz of Miami is paid. If they close tomorrow, or they don't pay the -- and they don't pay the rent, I am in hook for two hundred and twenty-five thousand dollars (5225,000). Mr. Maxwell: Mr. Peru. Mr. Perez-Roura: Yes. Mr. Maxwell: Now, Commissioners, the question, then, is whether or not there's special injury here. And that is the test for whether or not there's standing, whether or not there's special injury. Whether or not Mr. Perez, as the appellant, has an injury different from that of the public at large. Based on his testimony -- you are under oath, are you not? Mr. Perez-Roura: Yes, I am. Mr. Maxwell: Did you take oath, Mr. -- Mr. Perez-Roura: Yes. Mr. Maxwell: Could you swear Mr. Perez in? NO'T'E FOR THE RECORD: AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UDDER ORDINANCE NO. 10511 TO THE PERSON GIVING TESTIMONY ON TI -IF ABOVF-REFERENCED ZONING ISSUE. Mr. Peru-Roura: In other words, how t --I don't need to own a business. I own that business, up to a point. 1 am the guarantor for them to he open. if they don't pay -- and I have letters from Mr. Moore that I can show it to you if he say it's not trite -- "send it" to my attorney. Mr. Maxwell: Excuse nic. Mr. Perez-Roura: Yes. Mr. Maxwell: Wait a minute. You are -- Mr. Perez-Roura: The guarantor of the -- Mr. Maxwell: -- Armando Perez -- Mr. Perez-Roura: Roura. Mr. Maxwell: That's you. 297 July 26, 2001 0 Mr. Peru-Roura: Yes, that's correct. Mr. Maxwell: That's you. Mr. Perez-Roura: That's me. ,Mr. Maxwell: OK. Now -- Mr. Perez -ROU a: And if that's the problem -- Mr. Maxwell: Hold on, hold on, hold on. So the question is whether or not his injury is different from that of the public at large, whether or not lie has standing. I would opine to you that based on that, he does have standing. As counsel pointed out -- I beg to differ with -- this is not -- the standard of review is not fairly debatable. 'Phis is a quasi-judicial hearing. The standard before - - that this Board would use is one of strict scrutiny. Therefore, Mr. Perez will have to base his argument -- or the Commission would have to make their decision based on competent and substantial evidence in the record. It's not a fairly debatable rule. So I would suggest to you that this item is fairly in front of you, and now you should move on to the issue of the special exception. Mr. Perez-Roura: Thank you. That means we can start with my appeal? Mr. Maxwell: Yes. Mr. Perez-Roura: All right. First thing -- Mr. Moore: Well, if 1 may answer a question? Mr. Perez-Roura: It's a ruling on the floor already. Vice Chairman Gort: Guys, I'm going to run this meeting. It's late, we're tired. and we have to make decisions. We've still got a lot of people waiting here. I'm not going to have you back and forth and arguing, OK? I'm not used to being a judge, but I'm going to be a judge now. Mr. Perez-Roura: With permission of -- Vice Chairman Gort: Excuse me a minute. Mr. Perez-Roura: Oh, yes. Commissioner'I'eele: A hanging judge. Vice Chairman Gort: Mr. Attorney, my understanding is you're saying we can hear this appeal; am 1 correct? 298 July 26, 2001 ffff = Mr. Maxwell: That's right. Vice Chairman Gort: 'thank you. Go ahead, sir. Mr. Perez-Roura: Now, before I start, I would like to pass -- Commissioner Winton: Mr. Chairman, could I ask one more question so I understand -- Vice Chairnian Gort: Yes, sir, you may. Commissioner Winton: -• what we should be hearing? Mr. Attorney, would you -- Mr. Maxwell: Yes, sir. Commissioner Winton: -- would you clarify again what we're supposed to be hearing at this moment. Mr. Maxwell: This is an appeal of a special exception that was approved by the Zoning Board. So the issue before you is whether or not Oz is entitled to the special exception that the 'Zoning Board granted them. Vice Chairman Gort: That's it. Commissioner Winton: And that's all we're dealing with. Mr. Moore: That's all we're -- Vice Chairman Gort: Then we make a decision. Mr. Maxwell: That's the only thing in front of you now. Mr. Perez-Roura: Yes. Thank you. With your permission -- Mr. Maxwell: Well, you need to rule, understanding you need -- I have advised you that -- Mr. Perez-Roura: With your permission -- Vice Chairman Gort: My understanding -- wait a minute. My understanding is, you're telling this Board that we're entitled to hear this appeal? Mr. Maxwell: 1 believe that you have standing. Vice Chairman Gort: OK. Mr. Maxwell: If this gentleman disagrees, he can go to court. 299 July 26, 2001 0 • Vice Chairnian Gort: My Attorney, who I pay the salary to and I've got to listen to, tells me I have to hear this. Mr. Moore: We have an important document that -- Rim Saul Brenesky: Yeah, this document will -- Vice Chairman Gort: You have an important document. OK. Mr. Brenesky: My name is Run Saul Brcncsky, in behalf of Oz. What Mr. Perez is alleging, which is he signed a lease or that he was a guarantor to that lease, that is not in standing, because as of -- excuse me -- as of -- let me see the correct date. As of June 22"d, June 22`1 of the year 2000, United Holdings, Inc., which he signed a lease, sold that building to PS Multiple Service, which we, Oz of Miami, owns. Mr. Perez-Roura: Excuse me. He said 2000 or it's 2001? Mr. Brenesky; I'm sorry. Two thousand and one. Mr. Perez-Roura: Thank you. That is after the May 7"', Vice Chainnan Gort: Excuse me. Excuse me. Hold it. Hey, hold it, Mr. Maxwell: I think he has standing, sir. Vice Chairman Gort: OK. Thank you. Mr. Maxwell: I suggest you proceed. Vice Chairman Gort: Go ahead. Mr. Perez-Roura: OK. Before t start, I would like to pass my exhibits to everybody in this room, please. Mr. Maxwell: He's a leaseholder. Well, lie alleges that he's a leaseholder. If that is, in fact, not the case, that's an issue that they should take to court. Mr. Moore: We have the lease. The lease agreement is in the name of Oz of Miami. Vice Chairman Gort: Gentlemen, let me finish this meeting. If not, I'll defer this, and than they'll take it out. If you want me. to do that, I'll do that, because I have many people waiting still, and I'm not going to he here all night arguing among yourselves. It'll be a lot faster if we hear it and make a decision. Mr. Moore: I didn't receive a copy of what he's passed out. 300 July 26, 2001 0 Vice Chairman Gort: Go ahead, sir. Mr. Perez-Roura: i would like to thank this Commission for the time that you give me to explain my case. The appeal -- i will try to do as simple as I can, but it's very difficult, because what I alleging is that certain City officials have lied, not only to their hosses, have lied to you. And I'm going to start with my first one. OK. Today, I met with Mr. Juan Gonzalez, who is sitting there, and I asked him how the City going to be in the position of approving this, because of the problem with the parking. Mr. Avila told -- Mr, Gonzalez told me -- and he's right there, and he can say if it's true or not -- that one of the issues of the parking was resolved, because a restaurant called LI Padrinito was closed, and was not any more a problem with the restaurant. Well, Commissioners, here I've got some food that I bought today from Ed Padrinito, and here's the receipt. That just shows you that Ruben Avila has lied to him and to all the officials. Commissioner Regalado: Wait, wait a minute. El Padrinito is open'? Mr. Perez-Roura: Yes, sir. Right here is the food, Mr. Regalado. I know you was hungry. Here is some tostones rcllenos, and this is with receipt, the phone number. Dulce is the owner there. If you want, 1 invite you all to have dinner there. Let me -- Vice Chairman Gort: What docs that have to do with this? Commissioner Winton: Could I ask -- Vice Chairman Gort: Excuse me. What does this have to do -- Commissioner Winton: Right. Commissioner Regulado: No, no. Johnny, because -- it's important, because when i -- I didn't understand this, at all. So I requested from the Administration -- as the counsel told me, it's my district, so I wanted to understand, and I met with members of the Administration. But I was told that this restaurant was closed, and that they were using the parking lot. That's why I'm asking if the restaurant is open or closed. Mr. Pere-Roura: I would like to invite you to have dinner there tonight. Commissioner Regalado: Too late. Vice Chairman Gort: Excuse me, sir. Mr. Perez-Roura: OK. Vice Chairman Gort: 'I he question is to the Administration. Juan Gonzalez (Chief Zoning Inspector): Juan Gonzalez, Planning and Zoning. Let me clear that information up. Yes, it's true, the NET (Neighborhood Enhancement Team) Administrator thought the restaurant was closed. However, this is immaterial to this, since the Padrinito and 301 July 26. 2001 • 0 this restaurant arc both existing, licensed, with a Certificate of Use and operational. The issue of the parking, whether they're closed or not, is basically immaterial to this particular pan of the special exception. Mr. Percz-Roura: I'd like -- Commissioncr Winton: And it's immaterial -- excuse mc. Mr. Perer.-Roura: t like what Mr. GOn7AIcz said, because during the course of this, you're going to sec how everything's going to he going; hack and forth. The first item I'm going to talk, Commissioners and Mr. Chairperson, is when you approve a nightclub, you have to be sure of ownership. That's the first item that has to he -- to be sure -- who is the owner of the nightclub, because ,you have to meet certain standards. OK. If you sec your Exhibit 1, E -i -- Vice Chairman Gort: Excuse me a minute. Yes, sir. Mr. Maxwell: Commissioners, i would suggest to you that you take testimony from the Administration right now. They are recommending -- making a recommendation to you on this. Their recommendations would be based on the appropriate criteria. Vice Chairman Cort: Speak in the mike a little louder. 1 can't -- Mr. Maxwell: Can't hear nte? Commissioner Regalado: Wait, wait. Mr. Maxwell: I would suggest to you that what you want to hear is a recommendation, for or against, from the Administration, which they are required to give you. Their recommendations will be based on the appropriate standards and criteria, which are in your booklet right here. Vice Chairman Gort: But you're the one who told me to listen to flim first. Mr. Maxwell: Oh. I said, listen to him as to whether or not to address the issue of the agreed -- Vice Chairman Gorr. OK. Staff, you want to conic forward and -- staff? Commissioner Regalado: OK. 1 have a question here. Is there another case in the Administration, in terms of an occupational license by mistake or something that -- Mr. Maxwell: I don't think that that's -- Mr. Pere-Roura: Yes. Vice Chairman Gort: Excuse mc, sir. Mr. Perez-Roura: I'm sorry. 302 July 26, 2001 Vice Chainnan Gon: The question was asked of my Administration here. Commissioner Regalado: I'm asking the City Attoney. I'm asking the City Attorney. Mr. P=7-Roura: I'm sorry. Mr. Maxwell: I couldn't answer that, sir, but 1 would question whether or not that's relevant right now. Commissioner Regalado: It is relevant, lwcausc if -- Mr. Maxwell: They need -- well, it's relevant to the extent that that's why this is in front of you. Commissioner Regalado: No, no. It's relevant because if the occupational license was issued by mistake, and the Manager has the power or whatever to call for a hearing, and we -- that will not he something that we'd be dealing with. But the Manager should and could call 1br a hearing. Now, if the occupational license is revoked, this that we're doing here, it's also gone. Is it? Mr. Maxwell: Well, no. What happened here -- in this particular case, what happened was that an occupational license was issued in error to OL, because they had not satisfied the conditions precedent for obtaining; that license. And what they were supposed to have was a special exception, one; and two, a Certificate of Occupancy for that, a Certificate of Use. They didn't have that. Somehow, it made it through the system, and Oz was granted the occupational license. Now, when that was discovered, the --- the process is that the City Manager will conduct a hearing to revoke the occupational license. What's occurred is that the City Manager has decided to first allow them to apply for the special exception, which is a condition precedent, and if they don't get -- they don't obtain the special exception, then he will conduct a hearing to revoke. Mr. Moore: Right. Commissioner Regalado: Wait, wait. Vice Chairman Gort: OK. Excuse me. Are you finished? Commissioner Regalado: No. Vice Chairman Gon: OK. Go ahead. Commissioner Regalado: Because this is really complicated. Vice Chairman Gon: 'fell me about it. Mr. Perez-Roura: May I give a suggestion to the Chair, please? 303 July 26, 2001 Vice Chairman Gort: Vo, sir. Gxcusc mc. Mr. Pcrez-Roura: Illank you. Commissioner Regalado: No. Vice Chairman, Gort: I'm conducting the meeting. Yes. Commissioner Regalado: OK. The Administration granted it special exception or recommended -- the Zoning Board did, with the recommendation of the Administration. OK. And the Administration placed some conditions'? is it -- Mr. Moore: Yes. Ms. Slazyk: Yes. Commissioner Regalado: OK. Ms. Slazyk., Yes, we did. You want to hear them now or later'? Commissioner Regalado: Now -- no, no, I don't want to hear. Ms. Slazyk: No'? OK. Commissioner Regalado: Now, 1 represent that district. So the Police Department gave me this information that I think it wasn't taken into account when the Zoning Board or the Administration recommended. According to the police -- and this is about -- this is -- this has to do with that, because it's about conditions, right? Mr. Maxwell: I'm sorry. I don't know what that document says, Commissioner. Commissioner Regalado: Well, Ict me just tell you. According to the City of Miami Police, we have had in Oz ten 911 incidents in the last eleven months, something like that. It's 3417 Southwest 8'� Street. Arrest, backup, assault, disturbance, assault. And across the street, we had five in Fantasy, which is another issue here. As of today, today, you took about five homeless from the corner. And, you sec, this is my problem. 1 don't know why the people in Coral Gardens joined and then withdrew. I don't know about that. I didn't even know about this until it was on the agenda, because I was -- I'm not supposed to talk to anybody. But I think that the issue of homeless, and disturbance, and police call is relevant in all this, in terns of conditions, in terms of this hearing, in terms of' the Manager hearings, in ternis of what they can proffer, what he can say. So I'm telling you, Willy, this is really complicated. And let me fell you, I don't have a problem when people follow the rules and do what they have to do, and if they appeal, if they go -- But my problem is that when come Monday morning, on the voice mail, and then all Monday morning, we have do -rens and dozens of people complaining about a situation that I have in my district, and that they don't complain to Planning or Zoning, but they complain to me. So I'm going to be here trying to sort this out. And, look, it's very late. We have many 304 July 26, 2001 imYAW-i► • 0 things. So I would suggest that we defer this, because l want to take a lot of time talking about this. I want to hear all that they want -- they have to say, what he has to say. But I would rather defer this for other time, so we can have the time that we need for this. Vice Chairman Gort: Commissioner Regalado, you want to make a motion to defer the item? Commissioner Regalado: I'm making a motion to defer to the next P! (Planning &c 7.oning) meeting. Mr. Maxwell: You want to continue it to the next PZ meeting. Commissioncr Regalado: Continue to -- Mr. Maxwell: That would be September. Ms. Slazyk: September 27"' Commissioner Regalado: September 20 -- Mr. Maxwell: Second meeting in September. Commissioner Regalado: Second meeting in September. And then we'll have -- Vice Chairman Gort: OK. There's a motion to defer. Mr. Maxwell: Continue, Commissioner Regalado: To continue. Vice Chairman (ion: To continue. There's a motion to continue to the 27`x' Mr. Maxwell: Of September. Commissioner Regalado: And, you know, 1 would request from the Administration not to place that many items, because this, we're going to have the same situation, and it's a decision that this Board has to take, not me only, because it's a decision that impacts a whole neighborhood, and it's the responsibility of this whole Board. So I think that we have to use time to hear everything that they have to say. Vice Chairman Gort: Decision to continue to the 27'h. Is there a second? Commissioner Winton: Second it. Vice Chairnian Gort: Discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. 305 n�z��• July 26, 2001 E The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 01-785 A MOTION TO CONTINUE CONSIDERATION Of AGENDA ITEM P!.-5 (APPEAL OF ZONING BOARD'S DECISION, WHICH APPROVED THE SPECIAL EXCEPTION TO ALLOW A NIGFI'r('LUB FOR THE PROPERTY LOCATED AT 3470 SOUTHWEST 8"' STRF?F.T) TO THE SEPTEMBER 27, 2001 COMMISSION MEETING. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez Commissioner Arthur E. Tecle, Jr. Mr. Maxwell: Mr. Chairman. Vice Chairman Gort: Yes. Mr. Maxwell: Just for counsel for Oz, the Commissioner said you'd hear it all again, but the Commission has already ruled on the issue of standing, so that is not an issue that will be discussed at the next -- the record is there, you've preserved it and you can adopt -- you can incorporate that, bit that won't be heard at the next hearing. Mr. Moore: But 1 want to be clear that, then, the issue of standing, should that be something to be appealed, that date begins tomorrow. Mr. Maxwell: No, it doesn't -- that doesn't rule -- Vice Chairman Gort: It continues it. Mr. Maxwell: No, no. That will continue. This meeting has boen continued, so you won't lose your right to appeal by virtue of September. Mr. Moore: The standing issue as well? Mr. Maxwell: That's correct. 306 July 26, 2001 • Mr. Moore: OK. • Dena Bianchino (Assistant City Manager): Mr. Chairman. Vice Chairman Gort: OK. Thank you. Yes. Ms. Bianchino: Can you continue it to the second meeting in September, because that date may change, the 27`" date. Vice Chairman Gort: Right. Ms. Bianchino; So just say the second meeting -- Vice Chairman Gort: Yeah. I might have a problem with that, the 27th. So the second meeting of September. The motion should be to the second meeting of September. Commissioner Regalado: OK. Vice Chairman Gort: OK? All in favor state it by saying "aye." The Commission (Collectively): Aye. Vice Chairman Gort: Thank you. Mr. Perez -Rouen: Before I leave, I want to say thank you very much to all of you for your time. Vice Chairman Gort: You're welcome, sir. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 01-786 A MO'T'ION '1'O CONTINUE CONSIDERATION OF AGENDA ITEM PT. -5 (APPEAL OF ZONING BOARD'S DECISION, WHICH APPROVED THE SPECIAL EXCEPTION TO ALLOW A NIGHTCLUB FOR THE PROPERTY LOCATED AT 3470 SOUTHWEST 8"" S'T'REET) TO THI: SECOND REGULARLY SCHEDULED COMMISSION MEETING IN SEPTEMBER 2001. 307 July 26, 2001 Upon being seconded by Commissioner Winton, the motion was passed and adopted by tete followjhg vote: AYES btdmissiot�r Tomas Regalada� f (60. Ch altman Wifrodo Gari n= 3 r � . � k �. jp ; - �� 1 �Cwt9nmis�idner Jpe'Sarichc� } i ti 3.� T•' 's 5 2 Y*�" c i •` M" � a �'rY.3 r " a � a'`� e� � � #- �. �- �kF% n r' !&* c� tmf � wt �'',� ��'F`�x��'��t ���tA �' �r { �� � � n � � a�+* ` �� x� � � � gr4.t• '"„t� `., �+�,� � + dt . 5��, �� ,, 4-1 s {` •`� '� q � Tvl�� PIS 6 !, k r L dr f i '� � � "; '� -s2-� �'�::.�...0 °w w ;• 4 t+'� r ��i ,n � m Y , " - , y- '�'� y 1`'`'3 �cC. 5'"� -�,'Ct ' 'r�- �'s h .r Y t 3r s �r - ��� ! �`; 'ri {� a 9xw41 .r• x "Y"", T'll`, 4" A a4 µ 4Z . .,. ,';M s ; ''y „-.� k: .���-t�S.k. `.�. r . ���•: i av �+.rc ,ar al�yi2 xr11- t P ;:� �.fa� 7: 309 July 20, 2001 �60. 'GONTINUE .CONSIDERA.TION OF.'PROPOSED;APPROVAL OF OWS'iI'.SPECIAL PBRMIT--'F,GR PROPERTY. LOCATED .;AT 100;13IS AYNa :BOULEV RD'REGARUI ' SIGN :.(X(MAL) _ OF .GRAPHIC OR ARTISTIC . VALUE .TO S6COND':'REGI�I<AJI+:IsY SCFTEI5Vi,iD COMMISSION MEETING OF SEPTEMBER`2001 (Sae #64)1 Vice Chainnan Gort: Clear Chunnc), outdoor,. PZ -C. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -6 is a Class 11 special permit, with Commission approval required for a mural with commercial sponsorship. The Department is recommending denial, and it wus also recommended for denial by the Urban Development Review Board. The findings that the Department has made, and the recommendation for denial are based on the intent statement, as amended, for the Mural Ordinance. Specifically, it says: "The intention of this section is to prorr:ole the use of public alt and graphics on otherwise blank walls in the central urban core, utilizing, when necessary, commercial messages, in order to sponsor the artwork. It is not the intention of this section for the artwork to be overpowered by the c:onunercial message, or for the commercial message in any way to bu more significant in appearance than the artwork. hor the purpose of the section, "commercial message" shall be defined as text or logos representing the nanic, or trademark or service mark of the sponsor. Such commercial message may be oh offsite products, or businesses, as applicable to the; sponsorship, but shall not be primarily for the purposes of advertising." Once the iJrhan Development Revicw Board and the Planning and Zoning Department stall' saw the proposed artwork, along with the commercial sponsorship, it was interpreted that this was more of a billboard than a mural with a commercial sponsorship. So we would recommend denial. Vice Chairman Gort: OK. 'Thank you. Yes, sir. Nicolas Gutierrez: Good evening, 'qtr. Commissioner's. My name is Nicolas Gutierrez of' Rafferty, Gutierrez., Sanchez, Abaji, Solzenherg and Gellis. We represent Clear Channel Communications, formerly L.R. Media. My address is 1 101 Brickell Avenue. I'm here with Ben Fernandez, who represents NWT Partners, Ltd., that's clic owner of the site. Anti we would like to request it deferral of this item until the next applicable P&;Z (Planning; and Zoning) meeting in September. Commissioner Winton: I don't find any pressing reason to defer. You know, we're here. it's late. I'd like to get some of this stuff done. Only thing we're going to do is stack up a bunch of other stuff so %ve get to stay till midright the next time. So I'm not sure -- Are we obligated to accept Ihcir -- JOLT Maxwell (Deputy City Attorney): No, sir. It's at your discretion. Commissioner Winton: 1'd rather hear it and make it decision. Mr. Gutierrez: Commissioner Winton, if I may. We've had sonic discussions with the Planning Department, with 1.01.I174JCS Slazyk, and we've talked about sonic possible modifications to the signs. 309 July 26, 2001 Vice Chairman Gort: To comply. Mr. Gutierrez: They would not be a substantial deviation from the application, but they would be modifications. And we'd like some time to continue to discuss that with the Department. Vice Chairman Gort: OK. Commissioner Winton: All right. Vice Chairman Gort: Move to continue it -- Commissioner Winton: Yeah, move it. Vice Chairman Gort: -- to the second meeting in September. Commissioner Winton: Better be -- Vice Chairman Gort: Substantial. Ms. Slazyk: Substantial, yeah. Vice Chairman Gort: OK. It's moved and second. Further discussion? Being none, all in favor state it by saying; "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01-787 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ -6 (APPROVE CLASS II SPECIAL PERMIT FOR PROPERTY LOCATED AT APPROXIMATELY 100 BISCAYNE BOULEVARD REGARDING A SIGN [MURAL] OF GRAPHIC OR ARTISTIC VALUE) TO THE SECOND REGULARLY SCHEDULED COMMISSION MEETING OF SEPTEMBER 2001, 310 July 26, 2001 0 0 Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the Following vote: AM: Commissioner Tomas Regalado Commissioner Johnny L. Winton Vice chairman Wifredo Gort NAY& None Commissioner Joe Sanchez �} Y�' a Commissioner Arthur E. Teele, Jr Vice Chairman Gort. PZ -7, t W Gutierrez: Thankyou. Good eveiung., Commissioner Winton: No billboan U on building: w per( t Yw a fi �`�t�� SSA, 5;'`�k"'k"�h`1pvn'. !)".4-75 +5,, +'.#:aFi'« iFA k p'�°_P�x ##M,5n'e��� kaa xi�i rY ,,,�y`t`�+,y a �R'�ar �'.,a�y •� �+�,�, l�..a �-. <C6.�5 2'�wstNs x,� 'v .� _ }'�, ✓P � ��1. ��'TC �' �f�' � i's45k� n4�_ ysf,,,,4 b � .:�, .�.' 1., 5 fir' a4...i'`� h� # '�8 ryY x ' -� A _ r ,�, �, fir,•. r �tk �* RFs tit r�5tz4is�Fd+YrkY,af1 „x�, ,mti N ,� "`,� 4'�'d .,:r' ,ri�ae` .,��i��, r.� {'c r•<kfi .:�?..?v;.� ev�,`n M5� t 3 �n; ,rm, �;.�n.� p „,r f F• r� c s '�. ijr 4 s. Y tr <g 'c x. !.•.xFxu tit`�x 'l'�-'i'r� .. , vrt"+�k'�' 37.� �,5vb^-xi'hp�,'yDa�x rwtTt`�''aNF's 45 4„.Rtt� -3� �Y�Kr'.,�f '� S( rn-s '2C" , {,z�,�• '�yb F�r,, � �k v� 'si� xt 7r �T�� k ,? h Z" �s y: 1. July 26; 20Qi 0 • -I�BiADAJQ :O iNANCE O INAN. i 1 Aid, '-40M © -PLAN,' tx -"r .R�. 04W ITY1. Lourdes Slazyk (Assistant Director, Planning and 'Zoning): PZ -7 is second reading, amendment to the comp. plan, for property at 501 Northwest 301" Street, We recommend approval. It was passed at first reading June -- Vice Chairman Gort: Second reading. Commissioner Winton: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Regalado: Second. Vice Chairman Gort: Any further discussion'? It's an ordinance. Read it. Roll call. An Ordinance Entided -- AN ORDINANCE OF 'CITE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 501 NORTHWEST 3V11 STREET, MIAMI, FLORIDA, FROM "RECREATION" TO "MhDIIJM DENSITY MULTIFAMILY RESIDENTIAL'; MAKING FINDINGS; DIRECTING TRANSMITTAIS TO AFFECTED AGENCIES; CONTAINING A RFPEALFR PROVISION AND A SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 312 July 2G, 2001 UUMA216 0 . passed on its first reading, by title, at the meeting of June 14, 2001, was taken up for its second and final reading. by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading, by title. and was passed and adopted by the following vote: AYES Commissioner Tomas Regalado Commissioner Johnny L. Winton Vice Chairman Wifredo Gott, NA'B'S' None n kr;A AOSEMr: Commissioner Joe Sanchez , Commissioner Arthur E. Teele. Jr,, I$ �E WAS DESIGNATED ORDINANCE NO. 12098.�� �£ Tho otdhmnae was read by title into the public record by the Deputy City Attorney a r 71 r r s K ) �e �R�� � { 1 r3 & 4 r i,��a ' �� r r Y.r�s€i;��ir w'`rti a x° ,l as Fa `-�� ',~� i�"tirF,: a.+�-; a� E .�i' ire' a.`,� n ' p x *`! tx v k;44� ,i ve � �����+,"� �,ts`` m rk ,, kk- ° i x ' $s''Z•. s , � % r x * u x Y r . fi`''x ��,XX+y + i�a�.'gµrkYk?,.%t�*�T't�lr'iCu'�'i".,p�w�'�'j��'�"gC. ;4� TP ' t md-s { x'$ vttS.�, +� w r rye`s. g•�� '�-�'i�r� k 'ty�3 {'9iF'��wq': es�.r e .^+,�s�.�E �r'C�'`�`s+�+� tY�x+.3Xn9L+^''.9� *.a r�4 � gs- far f .. * �� '•i b 5 x, � s v� 1 a x r a r x X' ET _7 Z 'iS�' � " .rim ,. i •4 '.. �x�4F e 4fiE nFts�' NSe"' #� wr.:sts�"x'1r,��. PIN t 313 Y �,g {r a f U 4,y2 siON P �f 0at {r $�j �� s �� , 7 ,x§t y x'gX - tf as Y r �''sakUM y" titFr b {4�1 s^ a y 1 f fja r, e ., 4.. 4 i d k` July 26, 2001 62. AMEND ORDINANCE 5544, CITY'S COMPRIII NSIV NEIGHBOAROO.A PLAN. BY�.CHANGIZ� . IyANta USE bESIGNATION. F074M4! ERT' SQL 0ATZ- V )W 750 15U N W:; 4U AVB�I1:t- E PROM �° "SINt i :E )l' RF. 3RENTGAI*" a'I ► t: r K STrtrrI;, PC18LI�'AC;ITIES TR�OI�Tt9P4RTAi!'It'JN A (cApplic#ttlt(�)^f�ity of lir iariti)r _ 1 t++ Lourdes Sla7.yk (Assistant Director, Planning and 7.oning): Next items are P7s 14 and 15. because we did all of them before here. These -- Vice Chairman Gori: What happened to 9? We did 9, 10, 11. Ms. Slazyk: We did all of them. Vice Chairman Gori: So we're on 14 right now. Ms. Slazyk: Fourteen and 15 are companion items for land use and zoning. The applicant is the City of Miami Department of Fire -Rescue. ''his is in order to change the zoning on City property from single family residential to major institutional, public facilities, transportation and utilities, and to the Gi (Govemmcnt Institutional) zoning category, in order to expand the adjacent fire station to serve the neighborhood. Commissioner Winton: And 1 have a question. Vice Chainuan Gort: On 7"' Strcet. Commissioner Regalado: Long lived the fire fee. Vice Chairman Gort, That's my district. Wait a minute, wait a minute. Hold it. Go ahead. Commissioner Winton: My question is, what kind of landscape buffer -- you know, we require it of everybody else. Ms. Slazyk: Yes. Commissioner Winton: This is right up against single-family homes. Ms. Slazyk: Oh, yes. Commissioner Winton: What kind of buffering, landscaping buffering are we going to require of City property to protect -- Ms. Slazyk: A real nice one. Commissioner Winton: Thank you. Ms. Slazyk: ''his is -- once it's GI toning, they -- 314 July 26, 2001 Vice Chairman Gort: Not only that. Let me tell you something. Ms. Slazyk: Yes. Vice Chairman Gort: That fire station needs a lot of help, needs painting, needs all kinds of capital improvements. Commissioner Winton: Cite them. Vice Chairman Gon: So, you know, I think somehow, they should be cited. Commissioner Winton: Where is Code Enfbrcemcnt when we need them? Vice Chairman Gort How come we don't take them to Code Enforcement? Commissioner Winton: Slum lords. Ms. Slazyk: .fust so you know, for the record, once it's 01 zoning, to do an expansion, they will most likely need a special exception, because it will most likely be over 20 percent. So it will go through a public hearing process, with notice to the neighbors, and we will he doing design review. Commissioner Winton: Thank you. So moved. Vice Chairntan Gort: OK. It's been moved. Is there a second? Commissioner Regalado: Second. Vice Chairman Goat: Any further discussion? Anyone who would like to forward? Show no one conks forward. All in favor state it by saying "aye." The Commission (Collectively): Aye. Joel Maxwell (Assistant City Attorney): It's an ordinance. Vice Chairman Gort: An ordinance. Read it. By the way, we did get them an air conditioner about three years ago that it was -- Mr. Maxwell: It was hot. Vice Chairman Gort: Roll call. We need to work on that. Mr. Maxwell: Yeah. Walter Focman (City Clerk): Rall call. :imams 315 July 26, 2001 • Mr. Maxwell: 1 thought it was just me. An Ordinance entitled — E AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED APPROXIMATELY AT 750 AND 760 NORTIiW[ST 41s' AVhN11E, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, "TRANSPORTATION AND lJ'1'ILl1'll:S"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE: DA'Z'E. was introduced by Commissioner Winton, seconded by Commissioner Reg;alado, and was passed on first reading by title only. by the following; vote: 316 July 26, 2001 r� u 63. FIRST READING. ORDINANCE t CHANGE ZONING AS LISTED IN ORDINANCE 11000, CITY'S ZONING ORDINANCE, BY AMENDING ZONING DESIGNATION FROM R-1 SINGLE FAMILY RES,,DENTIAL TO G/I QOV-ERNMl3NT' AND' INSTITUTIQNAL�` FOR PROPERTIES LOCATED AT 750 AND 760 N.W. 411T AVENUR--,(Appli�wt(s):: City of Vice Chairman Gort- PZ -15 now. It' -- Lourdes Slazyk (Assistant Director, Planning and Zoning): Next -- actually, we're on PZ -18 next. We did -- Joel Maxwell ( Ucputy City Attorney): What happened to 15? Commissioner Winton: Do we have to do 15? Companion item. Vice Chairman Gort: Companion item. Ms. Slazyk: Oh, the companion. Yes, you're right. I'm sorry. Commissioner Winton: So moved. Move 15. Vice Chairman Gort: It's been moved. is there a second? Commissioner Regalado: Second. Vice Chairman Gort: Any further discussion? Being none, all in favor state it by saying "aye." Mr. Maxwell: An ordinance -- Vice Chairman Gort: An ordinance. Walter Foentan (City Clerk): Roll call. An Ordinance entitled .. AN ORDINANCE OF THF MIAMI CITY COMMISSION AMENDING PAGE, NO. 27 OF THE 'ZONING ATLAS OF TILL CITY OF MIAMI, FLORIDA, 13Y CHANGING THE ZONING CLASSIFICATION FROM R -I "SINGLE FAMILY RESIDENTIAL" TO G/1 "GOVERNMENT AND INSTITUTIONAL" FOR THE PROPERTIES LOCATIiD AT APPROXIMATELY 750 AND 760 NORTHWEST 41�' AVI;.NLII;, 'MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 317 July 2E,, 2W &`- � {"'a� s}v`* d�� i' 'ifz 'r' t„�'�s�'%'a � a� 'T45 i, .re�-�s - c'�< �' , ���-s� x ' t. i' f ,�gn� ¢'" k i ,kz� 36t;�a' �,'it � � � + �� s� 3�i�,i � T.3`'� .j�" �". �s�+ ,mac � ��+ i ,+� �F'�� �ti> � �`� �`^ t w �� � 5a.� sr��'� � . ra E�""-�r Y� -Ftp>r a e N,�"' �r'�y'�'�"�,. � �`9��'� � 4 J t � �+s,�'y�- �a s ��. i a'. {t+ji., �a � `*'�7„v"�y r �x� °d} � i c,r,$ ate. �'4�y�a�- �k� ay �.� � u 'K�;,t� eer ��"�`� t � �����'� T r�-ts��i x4�, ��'�' �`.,it�q!���e�� s rA' k�i�i a �".f ii.R,iw �"3...�. �. TM�'�.'� t n i � . Y � tf • 0 [149P,44 r C� �Q Y R�?G�DA�iG_�SIQ1�1:t1H��F.�x Commissioner Teele: What happened to PZ -6? Vice Chairman Gort: Continued. Regalado -- Commissioner Regalado: No, l didn't continue that one. They asked for it. Commissioner Winton: Yeah, they asked for a continuance. We were hoping that we wouldn't E • 65. FIRST READING ORDINANCE: AMENI) ORDINANC 8 10Sa4; CITY S CO1 VREHENSIVA : NEIGHBORHOOD PLAN, BY 1,04ANGINO LANA U9�: DESIQIVAT10A1:FbRNEIGHBORHOOD' LOCATED AT 245,261-2,13, 2& -3.A -ND - 3q3 N4,Ei ST'R1 9T.—,` 299,:306, 31-.6 AND 430 NA 38"' STREET, 270, 2$6 ,AND397 3701,: 3720, 3737,• 3740; 3801, 3$83 AND 3886=$ISCAYNE SOIJ EYARI? FROIVJK +RESTRICTED COMMERCIAL" TO� "GENERAL -COMMERCIAL" 1APPU*WSPS,.-C ty tot` Miami). Vice Charman Gort: Where are we now? Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -18 and 19 are companion items for land use and zoning change. It's first reading in the Design District. This is in order to expand the SD -8 out to the boulevard, and create a real entrance gateway to the Design District. It's one of those places where everybody knows it's there -- Vice Chairman Gort: But there's no signs. Yes. Ms. Slazyk: -- but they have a hard time getting in. Vice Chairman Gort: Yes, Ms. Slazyk: This will allow for a Design District type project, and entrance and gateway features into the Design District, and we recommend approval. Vice Chairman Gort: Great, Moved for Commissioner Tecle. Commissioner Winton: Second. Vice Chainnan Gort: Second by Commissioner Winton. Any discussion? Read it. Roll call. An Ordinance entitled - AN ORDINANCE OF TILE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING Tl -IE FUTURE LAND USE MAI' OF THE MIAMI COMPREHENSIVE NFIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATEI.Y 245, 261, 275, 283 AND 293 NORTHEAST 3 P"' STREET; 299, 306, 316 AND 430 NORTHEAST 38... STREET; 270, 286 AND 404 NORTHEAST 39`x' STREET AND 3701, 3720, 3737, 3740, 3801, 3883 AND 3886 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 320 July 26, 2001 • was iniroduced by Commissioner Toole, seconded by Commissioner Winton, and was paseedia Rwst reading by title only, by the following vote: AYES; Commissioner Tomas Regalado Commissioner Arthur E. Tecle, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gorr t I+lono F CcmnuBsionerJoe Sanchez z 6 4 t' � y x x t 9 Y' ON +tom �r7 5iv h goyrs7 rt t 321 July 36, 2001 66; FIRST READING ORDINANCE: CHANGE ZONING AS LISTED „IN ORI7INAE 1100% CIT-Y'S.ZONING ORDINANCE, BY AMENDrNG ZQNINd DESIGNATION FROM C -1"I ESTRICTED COMMERCIAL WITH AN SD -9 BISCAYNE BOULAVARp NORTid= OVERLAY DISTRICT TO SD -8 DESIGN PL,�AZA COMMERCIAL-RMIDEkTIAL . VISTRICT -M* PROPERTIES LOCATED. AT 245, 2,41, 275, 28.3.1 AND 293 N.9'73771-1' Si;EE'T; 299; 306, 3j1� aAND 430 N:E. 38 rH S:TRI3]yT,_$f p, 28f 'A►NA 4Qa.N.:'39' 3701, 3720; 3737, 3740,3801, 3883 AND 3886 BISCAYNE BOULEVARD-(Applicant(S)c :City Lourdes Slaryk (Assistant Director, Planning and 'Zoning): Nineteen is a companion. Vice Chainnan Gott: Go ahead. Commissioner Winton: So moved. Commissioner Tecle: Second. Vice Chairman Gort: Moved and seconded. [At this time the Ordinance was read by title into the public record by the Deputy City Attorney] Vice Chainnan Gort: Thank you. Do you want to -- Ray Exposito: Yes. Ray Exposito from 454 Northeast 38'x' Street. I don't know if it's now when I'm supposed to ask about what's going -- Vice Chairman Gort: You have to speak into the mike, sir. Mr, Exposito: I'm inquiring about 404 Northeast 39"i Street. I believe it was 19 or 18. I'm not really certain. But it says here about changing from -- I'm sorry. One moment -- from restricted commercial to general commercial. I'm concerned with 450 -- 404 Northeast 38'" Street. I'm sorry, 430 Northeast 38"' Street. I'm concerned with that. Commissioner Winton: What do you mean you're concerned? Vice Chairnian Gort: What's your concern? Mr. Exposito: Well, right now, that's in a residential area. The area that they're talking about, it's a design district. But once you cross Biscayne Boulevard into -- towards the hay side, it's a residential area. Vice Chairman Gort: We're not going there. Mr. Exposito: Well, but it's on the list, and she mentioned the address, also. Vice Chairman Gort: 'That's not my understanding. It does not go west of Biscayne. 322 July 26, 2001 IIII11IiP7� _ i 0 Ms, Slazyk: The zoning is C-1 on that property right now. Mr. Exposito: Yes, sir, it does. Vice Chairman Gort: No. Mr. Exposito: And that makes absolutely no sense, whatsoever, because you're going to go into a residential arca, to do what? Ms. Slazyk: Following the C -I zoning„ exactly. Both sides of the boulevard here are zoned C.-1 today, with the SD -9 overlay. Phis is removing that and replacing it with SD -8, to he able to create the gateway effect in the Design District on both sides of the boulevard there. Bill it follows the C -I zoning. It's not encroaching into residential zoning. Mr. Exposito: OK. With all due respect, 1 live at 454. Next to mc, there is a big yellow house. And right next to the yellow house, there's that property, which is 430 Northeast 38'x' Street. Next to that, there's another residential home. And then there's an exit that goes onto 38"' Street. And then there's a ramp that goes onto 11 And then there's another house. And then there's a parking lot. And (lien there's Hiscayne Boulevard. Now, you can't get any more residential than that. Ms. Slazyk: OK. But what I'm saying is the -- but the zoning of those properties -- they may be being used as residential, but the zoning right now on those properties is commercial. The map's right here. C-1 today. Mr. Exposito: OK. So my question is, what exactly is the plan for 430 Northeast 38'h Street? Because I really -- 1 can't fathom what you would do at 430 Northeast 38'x' Street when you have a residential house on one side, a residential house on the other side. My concern is, are you going to put a motel there:' Is it going to be a Taco Hell or a gas station? I want to know. :FIs. Slazyk: No. With the SD -ti "Zoning Overlay District, that's designed -- first ofall, whether it's C-1 with SD -9 today or the SD -8, it's going to have to go through special permits for review and approval of whatever is done. The SD -8 and 9 District have a list of prohibited uses that they can't do. But I guess the point is that it followed the exact commercial zoning that's there today. So it really is no different in terms of commercial versus residential than what they have today. Mr. Exposito: OK. I'm sorry for my naiveness (sic) or -- Commissioner Regalado: Excuse me. Excuse me. But, you know, he -- Ms. Slazyk: I don't know how else to -- yeah, it's commercial zoning today. Commissioner Regalado: But he has the right to know. 323 July 26, 2001 IPZiiLtZlZi - Ms. Slazyk: Yes. Yeah. Commissioner Regalado: Ile has the right -- Mr. Exposito: I need to know. I'm sorry for my ignorance. I'm not -- Commissioner Rebalado: -- to have something in writing, saying, you know, Taco Bell is not going to be next to your house, because -- Mr. Exposito: 1 ntcan, here i am fixing up -- Vice Chaitmian Gort: I.et me give you a suggestion, sir. This is first reading, which is -- Ms. Slazyk: Let's meet, and we'll explain to you, yeah. Vice Chairman Gort: -- it's not a final decision. The final decision takes place in the second reading. So between this one and the second reading, you have a chance that they can explain to you everything that can tic done. Mr. Exposito: OK. Vice Chainnan Gort: And if you still have an opposition, you're welcomed to conic and let us know. Mr. Expsito: I'll he glad to. Thank you so much for listening to me. Vice Chainnan Gort: OK. So let's make sure you keep in -- Ms. Slazyk: OK. We'll get his name and number and meet with him. Vice Chairman Gari: Get him clarified and give him all the specifics so they're aware of -- Ms. Slazyk: Yeah. But for the record, it follows the commercial zoning. Vice Chairmar. Gori: OK -- what are the intentions of what we're trying to do there. Commissioner Winton: But what lie probably nlay never have understood is that all that was already zoned commercial. Ms. Slazyk: Yes, that's what we're going to -- Commissioner Winton: So he may have already made an investment where inuybe his -- he might wish, atter lie liears everything you're going to tell him, that he would have had more homework done ahead of time. But at least when you finish with her, you're going to understand today -- without any change at all in the zoning, you're going to understand today what could be built there on this -- in this section tomorrow, OK? 324 .iuly 26, 2001 ff. • • Mr. Exposito: All riot. Vice Chairman Gort: OK. Thank you. Mr. Exposito: Thank you. Vice Chairman Gort: 'Thank you. OK. Any -- did you read it already? Joel Maxwell (Deputy City Attorney): Roll call. Vice Chairman Gort: Roll call. An Ordinance entitled AN ORDNANCE OF THF MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. IS OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM C-1 "RESTRICTED COM:MI:RCIAL" WITH AN SD -9 "BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT" TO SD -8 "DESIGN PLAZA COMMERCIAL RESIDENTIAL DISTRICT" FOR THE PROPI:RTI!~S LOCATED AT APPROXIMATELY 245, 261, 275, 283 AND 293 NORTHEAST37,111 STREET, 299, 306, 316 AND 430 NORTIIEAST 381,11 STREET; 270, 286 AND 404 NORTHEAST 3911 STREET AND 3701, 3720, 3737, 3740, 3801, 3883 AND 3886 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAIISE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Winton, seconded by Commissioner Teele, and was passod oil first reading by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teelc, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanehoz 325 July 26, 2001 �n � i 0 67: -FIRST READING ORDINANCE: AMEND; ORDINANCE 10544, ,.CITY'S COMDR T EI�TSIVE NEIGHBORHOOD PLAN, $Y CHANGING . � AI�tD J. DE916XAT'iQN FOR PROPERTIES LOCATED ALQNG • NORTH- 3 'Tit ? HETW�.N NORTHEAST 2Nq AVENUE,AND NORTH M ANI AVEN�3 '_B,I�J.,QW U�$� 1.951,&R.:,1 2 T6NOWPH'EAST 36an STREET FROM ''UST ilTtl - OMV .RCIAT•"�'I'O ` GENERAL. COMMETWIAL" (A rplicant(s): City of Miam i), Lourdes Slaryk (Assistant Director, Planning and Zoning): PZ -20 is also in the Design District. This is the piece of file Design District that is south of the expressway. Thr Zoning Ordinance had it coned SD -8 for Design District, but (lie comprehensive plan had it restricted commercial. The proper land use designation for the Design District. in order to allow the Showrooms and the other Design District uses, is general commercial. So this is one of those discrepancies in the Zoning Ordinance and comp. plan that we're cleaning up. Commissioner Teele: I move the item. Commissioner Winton: Sccond. Vice Chairman Ciort: It's been moved and seconded. Any discussion'? Anyone in the public would like to approach:' Show no one has come forward. This is the first reading. Read it. Roll call. An Ordinance entitled AN ORDINANCI' OF THE MIAMI CITY COMMISSION, WITII ATTACHMFN1'(S), AMENDING THE FtJTURE LAND tJSE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PIAN BY CHANGING THE LAND USE DESIGNATION ON THE PROPERTIES LOCATED APPROXIMATELY ALONG NORTHEAST 36... STREET BETWEEN NORTHEAST 2ND AVENIJE AND NORTH MIAMI AVENUE BELOW 11.S. 1-195/S.R. 112 TO NORTHEAST 36"" STREFT FROM "RFSTRICTFD COMMERCIAL- TO "GENERAL COMMERCIAL'% DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINiNG A REPEALER PROVISION AND SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFI:L'C'1'iVE DATE. was introduced by Commissioner• Teele, seconded by Commissioner Winton, and was passed on first reading by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez 326 July 26, 2001 68. FIRST READING ORDINANCE: AMEND ORDINANCE 11000, CITY'S ZONING ORDINANCE, BY AMENDING SECTION 608, DESIGN PLAZA C4MMERCIAL- RESIDENtIAL DISTRICT, TO RENAME DISTRICT, EXPAND ON INTENT, REMOVE THREE E*STING PERMITTED USES, INCREASE ALLOWABLE FI OORJAREA RATIO, REVISE 'MINIMUM OPEN SPACE REQUIREMENTS, MODI#Y LIMITATIONS ON SWIMS AND ADD USE AND DESIGN STANDARDS (Applicant(s); City of Miami). Vice Chairman Gort: Pz -- Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -21 is a text amendment to the Design District, to the SD -8 Design District Ordinance. In order to help us promote development in the redevelopment efforts, there are some modifications here regarding parking requirements, much more intense design standards and guidelines. There's bonuses for residential mixed -used developments, in order to encourage that kind of adaptive reuse and redevelopment. The Department is recommending approval. Planning Advisory Board recommended approval, and we huve letters of support from the Design District merchants and property owners. Commissioner Tcele: So move the item. Commissioner Winton: Second. Vice Chairman Gort: OK. First reading. It's been moved and seconded. Is there any discussion? Anyone in the public who would like to address Item 21? Read it. Roll call. An Ordinance entitled — AN ORDINANCL OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CPl'Y OI; MIAMI, BY AMENDING ARTICLE 6, SECTION 608, TO MODIFY THE SD -8 DESIGN PLAZA COMMERCIAL RESIDENTIAL DISTRICT TO RENAME* THE DISTRICT, EXPAND ON THE INTENT, REMOVE THREE EXISTING PERMITTED USES, INCREASE THE ALLOWABLE FLOOR/AREA RATIO, REVISE THE MINIMUM OPEN SPACE REQUIREMENTS, MODIFY LIMITATIONS ON SIGNS AND ADD USE AND DESIGN STANDARDS; CONTAINING A RF.PF.ALER PROVISION AND SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFF.CI'IVF. DAT.. 328 July 26, 2001 n • 329 • • 64. FIRST READING ORDINANCE: AMEND ORDINANCE I I000i.'CITY'S ZONNQ ORDINANCE, BY - AMENDING ARTICLES 4, 6 AND 9, TO _ MODIFYPRdvjtI014S'. RELATED TO SURFACE PARKING WITHIN CBD CENTRAL BUSINESS Dt§tltk ' T;'S� 5� BRIW- LL, AVENUE AREA OFFICE -RESIDENTIAL DISTRICT, SD 6 CEN C,QMMERCIAL•REStbtNTIAL. DISTRICT, SD -7 CENTRAL aF,ICrKE);,T,"RAFm CQMMERCIAL-RESIDENTIAL DISTRICT, SD -20 EDGEWAT'ER OVURLAY ?jSTR .,T - AND T - AND COMMUNITY REDEVELOPMENT AREAS: .(CPA AREAS). 'OF! SOUTIEA T; OVERTOWN/PARK WEST AND OMNI (Applicant(s); City of Miami), Lourdes Slazyk (Assistant Director, planning and Zoning): PG -22 is an amendment regarding parking lots within and surrounding the downtown area in order to add minimum design standards, not to allow chain link fences. to add standards for the landscape and to put provisions for when one of these is on a primary pedestrian pathway that they have to incorporate urban plazas as pant of the parking lot along that pathway to improve the appearance of the downtown area with these surface lots. Coil] In Winton: 'Move it. Vice Chairman Gort: Move it. Is there a second? Commissioner Tecic: Sccond. Vice Chairman Gort: Second. Commissioner Winton: And I've got two -- Commissioner Teele: Tell nie again what we're doing here. I am so tired right this minute. ,els. Slazyk: OK. This is for the CBD (Commercial Business District) -- Vice Chairman Gort: We're requiring additional landscaping and beautification. Ms. Slazyk: -- SD -S, 6, 7, SD -20 and the entire CRA (Community Redevelopment Agency) area for parking lot guides and standards for surface parking lots, not to allow chain link fences, require the picket type fence, increase landscape and urban plazas, Commissioner Winton: You know, I would -- Commissioner Regalado: Can I add -- Would you yield'? Commissioner Winton: Sort'. Commissioner Regalado: ,lust one question. Because I don't -- you know, I love beautiful things, and I think it's the best we can do, but l don't know if the administration has consulted with the parking lot owners. I mean, we went after them with a 20 percent surcharge, which they all opposed. And we are coming hack to the Supreme Court and the State Legislature to keep the 330 July 26, 2001 parking surcharge. My question is: Are we going to make them change and pay for that, or that's for the new ones? Ms. Slazyk: Like any other zoning ordinance amendment, they're not retroactive. So as they come in for modifications or new ones come in, they'll have to meet the new guides. Commissioner Regalado: Oh, OK, OK. But let me ask you this: Suppose that a car goes out of control and breaks the chain link fence. What do we do? Commissioner Winton: Make them replace it. Commissioner Rcgalado: How? How? How do they have to replace it? Ms. Slazyk: 1 don't know if they'll be allowed to do repairs. Vice Chairman Gort: If it's less than 20 -- Ms. Slazyk: It depends on the percentage. Vice Chainnan Gort: If it's less than 25 percent of the fence, they can go ahead and still grandfather it in. If it's more than 25 or 30 percent of the damage, then they have to comply with the new. Ms. Slazyk: Yes. Commissioner Regalado: So if we have a hurricane that affects -- Ms. Slazyk: Then they're going to have to do pickets. Commissioner Regalado: fah. Commissioner Teele: But so will all the -- Vice Chairman Gort: And, see, the insurance will pay for it at that time. Coimnissioner Winton: Yeah, and so Nvi11 everyone else. It'll be a level playing; field. Commissioner Teele: But you know what? The insurance companies will pay for it, and it'll be the best thing that could happen to those particular fences. Commissioner Winton: And let ntc -- that's where I was going with this. And this is about something Commissioner Teele did in the CRA (Community Redevelopment Agency). And when he first started on these parking lots, if you all remember, I was skeptical, very skeptical. Vice Chainuan Gort: So were a lot of people. 331 July 26, 2001 0 . Commissioner Winton: Told him, told CRA Board, but I voted in favor. And, you know, I'll tell you, I've seen what a job lie's done with parking lots within Overtown, that I tell you become the kind of signal that I've talked about for infrastructure improvements from day one, but I didn't got it for parking lots. I bet it now, clearly. Those are real assets. That's a big signal that says the City is doing something to improve all infrastructure in this community. 'That's a piece of it. There's other things to add in, but man, it's a real asset. And so -- Commissioner Teele: The whole Overtown is beginning to look different -- Commissioner Winton: Totally. Commissioner Teele: -- because we're investing. Commissioner Winton: Right. Commissioner Tecle: And that's why I keep saying -- do you know who this ordinance is going to affect more than anybody? Commissioner Winton: The County, Commissioner Teele: it's going to affect the County and the Florida DOT (Department of Transportation). Vice Chainnan Gout: Right. Commissioner Teele: Because those are the -- Ms. Slazyk: They don't meet those standards. Commissioner 'Teele: We are the biggest deprcciators of value. We're the ones who violate more -- the same thing we were talking about with the Women's Detention Center on 7'h Avenue and 14'h Street. The County's parking lot that they are just building for the Performing Arts Center is a disgrace. It is something that they would only build in an area where nobody cares. They would not build it -- nobody on (lie Performing Arts Trust Board would build the kind of parking lot they're trying to build on our front door street, on Biscayne Boulevard, in their neighborhood. Commissioner Winton: Well, look at all of the parking iots around the County Administration Building in the heart ofdowntown. They're all chain link fences. Commissioner Teele: But they're doing it under our zoning. Commissioner Winton: Right. Commissioner Teele: And the way we have created these special sweetheart deals for whoever and whatever in the area of parking, we have literally just given away our property values. And 332 July 26, 2001 • what is around the County government building is a disgrace. But you know what? The City is who's responsible for it. And so this ordinance -- And to answer Commissioner Regalado's question properly, those temporary emergency parking lots, which, by the way, arc about 20 or 25 percent of the parking lots that are in the downtown area or in the CRA area, you know, these so-called -- what do you all call them? These -- Ms. Slazyk: The interim. Commissioner Teele: Huh? Ms. Slazyk: The interim lots. Commissioner Tecic: These so-called interim lots, which, you know, the railroad track there with FEC (Florida East Coast) was an interim lot back in 1984. And, of course, here we are in 2002 and it's still an interim lot. And so those are the ones who are going to wind up getting hurt. Ms. Slazyk: They're in here, by the way. I included interim lots. Commissioner Teele: But, hopefully, the 'Zoning Administrator or the Planning Director will not be able to roll those lots over anymore -- Ms. Slazyk: No. Not after -- no. Commissioner Tecle: -- on a one-year basis, as a result of this ordinance. Ms. Slazyk: That was the last ordinance we did. Commissioner Teele: OK. Ms. Slazyk: After 2002, they're gone. Vice Chairman Gort: OK. Any further discussion? Read it. Roll call. 333 July 26, 2001 ffa An Ordinance entitled — AN ORDINANCE OF THE MIAMI Cl'I Y COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THC ZONING ORDINANCE OF THE CIT OF MIAMI, BY AMENDING ARTICLES 4,6 AND 9, TO: MODIFY THE PROVISIONS RELATED TO SURFACE PARKING WITHIN THE CAD CENTRAL BUSINESS DISTRICT, SD -5 BRICKBLL AVENUE: AREA OFFICE -RESIDENTIAL DISTRICT, SD -(1 CFN'TRA1. COMMERCIAL RESIDENTIAL, DISTRICTS, SD -7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAI. RESLDENTIAI, DISTRICT. SD -20 EDGEWATER OVERLAY DISTRICT, AND THE COMMUm,l' Y REDEVELOPMENT AREAS (CRA AREAS) OF SOUTHEAST OVERTOWN1 ARK WEST AND OMNI; IMPLEMENIT MINIMUM DESIGN STANDARDS FOR APPROVALS BY CERTII:ICATF OF COMPLIANCF„ ALLOW FOR MODIFICATIONS BY CLASS 11 SPECIAL PERMIT; AND ADD PROH113Tf1ONS; CONTAINING A Rl?PEALER PROVISION AND A SEVERA1311.11'Y CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, was introduced by Commissioner Winton, seconded by Commissin ner Teele, and was passed on first reading by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairnian Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez Vice Chairman Gort: Twenty-three. Commissioner Winton: Mr. Chairman, Mr. Chairman. Vice Chairman Gort: Yes. Commissioner Winton: Before we move to 23, 1 just can't resist this. I want to call everybody's attention to this cute little guy sitting right here in the front row. That poor guy has been sitting here for hours. And he's been -- Vice Chairman Gort: Well, he had a nap, though. Commissioner Winton: Yeah, but lie has been the most well behav(A little boy I've ever seen. And his mommy and daddy need to be really commended. And you're a great little guy, and welcome to City Hall. 334 July 20, 2001 (APPLAUSE) s vic6'Chairnuan 4ort: t tell � you What, .��` ► yours ! i1Cr+C.„ t:oflle ott. Come on. That if Commissioner Teelo: Yeah. give him the Mayor's �� � � � ��� � � � y � � �� �M` � Sl'E I. Commissioner Winton: Future Mayors fi Y'4 +4' r � $4 q $ l n ss fi d+� ? r x , 9j P� }-moi• t�. � ��� �4 - � S k ty fv,fi?r'r�� +.r:� Y kr ; ~`r."i ..1',',~xn''k" ,; L:;{t �`ri t 4 �'k*°9 , �.�'#•1�.m{ r' r t k .-.f 5 t, ?:r § �. 5 h �, r, !;' 1`.+MA'�}� rti� t.l' 3}}i��. n3 �'� �+yl �5 �' 5 i�•Y � 3 333 July 26, 2001 70. FIRST READING ..ORDINANCE: AMEND ORDINANCE 11600, CI.'Y'S. ZONING � ORAIN. IGE, Y AMLIa1A1NC2 SECT)ON .9131' "BRIE-Ti3RQUGH, .A iNb'i't QSTWV1�R'E'Q'1j"MBNTS S MENTS, CAk " WASHBS " TO MODIFY IrROViSI[t�NS ' R1�LA''�l�fl. ;T' STA`96R 1�lt1VE•'fI�tOC�GH E�TA`�Y IS 1(Ap�ilc+ant {pity of Mt t tii), Vice Chairman Gort: Item 23. Lourdes Slazyk (Assistant Director, Planning and Zoning): PL -23 is an amendment to modify the requirements for the reservoir stacking spaces for drive-in and drive-through establishments. These requirements were drafted over 20 years ago. Givc him the gavel. These requirements were drafted over 20 years ago, and with the changes in efficiency and technology in the industries for drive-through establishments, the need for such -- for extreme stacking requirements is no longer necessary. We reviewed the requirements from other cities. Everybody, l think, but Miami had dropped theirs and -- Commissioner Winton: So moved Commissioner Teele: Second. Vice Chairman Gort: Moved and seconded. Any further discussion? Read it. Roll call. An Ordinance entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, AS AMrNDED, THF ZONING; ORDNANCE OF TILE CITY OF MIAMI, BY AMENDING ARTICLE 9, SECTION 931 "DRIVF,- THROUGH AND DRIVE -1N F?STABL1SHMENTS; CAR WASHES," TO MODIFY THE PROVISIONS RLLA"fED 'rO STACKING REQUIREMENTS FOR DRIVE-THROUGH ESTABLISHMENTS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATI'. was introduced by Commissioner Winton, seconded by Commissioner Teele, and was passed on first reading by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur K Tecle, Jr. Commissioner Johnny L. Winton Vice Chairnian Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez. 336 July 26, 2001 `J • 71. PROVE SUBSTANTIAL MODIFICATION TO APPROVED MAJOR U�S S ECIAL PER MIT APPLICATION FOR MIAMI STADIUM APARTMENTS PRQJECT,.LOCATFD AT 2301 N.rW.11 UT"AVENUE, TQ ALLOW RESIDENTrAL DEVELOPMENT'CONSISTIN'Q _OF` 336 RESIAENTIAL :)UNITS'''AND :-502 PARKIN0-SPACES TO 'ALLOW C�*- MSX MODIFICATION AND ELIMINATE REDUNDANT CONDITION (Appl*�JB :;St itj Vice C'hainnan Gort: PZ -24. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ 24 is a modification to the Major Use Special 11cnnit for the Miami Stadium Apartments Project at 2301 Northwest 10'h Avenue. This modification is solely for modifying -- for changing the unit mix from -- some ofthe one - bedrooms went up to three-hedroom units. It increased the footprint by more than ten feet, and that's why they're here. Commissioner Tecle: Commissioner Gorl, you're recognized for a motion. Vice Chairman Gort: Move it. Commissioner Teele: Moved by Commissioner Gort, Commissioner Winton: Second. Discussion. Commissioner Teele: By Commissioner Winton, Discussion. Vice C'haitman Gort: Discussion. Commissioner Winton: One question. if the project has -- mid I couldn't figure out how tnany additional three-bedroom units -- maybe I was too tired the night I was reading this. Ms. Slazyk: The parking did go up. They're accommodating it. Commissioner Winton: Well, there are really two -- yeah, OK, good. So parking did go up, so we're meeting the parking requirement. The other question is, is the developer providing any other consideration for on-site activities for kids? Because you' going to more. three-bedroom units, you're going to have kids in the place. So -- Ms. Slazyk: Yes, they do. They have the amenity and recreation area to the whole complex, which has -- there's green space in there -- Commissioner Winton: Great. That's all I need here. 'Chank you. Ms. Slazyk: -- and other amenities, and pool, and the park arid -- Vice Chairman Gort: Also, my understanding is, they are willing to supply the police officers with spat, where they can go in and file their reports, and do their reports and so on. 337 July 26, 2001 • Commissioner Tccle: All right. Vice Chairman Gort: OK. Commissioner Tecic: Further questions? All in favor say "aye." The Commission (Collectively): Aye. Commissioner Tcele: All opposed? Thank you, Mr. Chainnan. • The following resolution was introduced by Vice Chairman Gort, who moved for its adoption: RESOLUTION NO. 01-788 A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO ARTICLES 17 AND 22 OF ZONING ORDINANCE NO. 11000, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MODIFICATION TO THE MAJOR USE SPECIAL PERMIT FOR TIIE MIAMI STADIUM APARTMENTS PRO.IIJCT, TO EIC LOCATED AT APPROXIMATELY 2301 N.W. 10'*" AVENUE, MIAMI, FLORIDA; APPROVF;D AY THE CITY COMMISSION ON FEBRUARY 17, 2000, PURSUANT TO RESOLUTION NO. 00-189, TO MODIFY SAID DEVELOPMENT ORDER BY MODIFYING THE UNIT MIX AND APPROVING SLIGHT MODIFICATIONS TN THE FOOTPRINT TO ACCOMMODATF. THE CHANGES; ALSO BY ELIMINATING CONDITION NO. 12 AS REDUNDANT DUE TO OTHER S'T'ATUTORY REQUIREMENTS; DIREC"1 r G TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE. (Hero follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Cort NAYS: None ABSENT: Commissioner Joe Sanchez 338 July 26, 2001 72. AC?RIZE ENGAGEMENT OF -.. LAW FIRM ' OF AKERMAN, ,SENTRRFI I, & EID3;A Q, FOR REPRESEI'ATI7 OFE'1'Y 1N CASE QF �.Y1 ,p► ?FY RLJNNi S,- AS PERSONAL RBFRESENTAITI,`Y ��.,, OF JLSSE $QUA AP&I" 8 $ rtl'`;' 0$50,000 PLUS;; COSTS; AI�II,UCAT FDS FROM SELFNSt , C8 VWRAN@E 11WST FUND. ,. Vice Chainnan Gort: Which items do we have to cover? Twenty -five -A. Unidentified Speaker: Do 1 have to go? Vice Chairman Gort: What? No, you can stay there. Unidentified Speaker: Oh. Commissioner Rcgalado: Move it. Unidentified Speaker: Ilello? Huh? Vice Chairman bort: Twcnty-five-A, there's a motion. 1 need the Commission to come in. Unidentified Speaker: You don't see me right now. I'm on TV. Vice Chairman Gort: Hello? Alejandro Vilarello (City Attorney): Has he been sworn in? Has he been sworn in? Vice Chainnan Gort: Yeah. Mr. Vilarello: In that case, we have a quorum. Vice Chairman Gort: He was sworn in. We have a quorum, then. OK, 25-A has been moved by Rcgalado, second by Commissioner Winton. Commissioner Winton: What is 25-A? Vice Chairman Gort: Any discussion? Commissioner Winton: What is -15-A? Mr. Vilarello: Engagement of special counsel to represent the City in the case of Lynn and Petry Runnels versus the City. Commissioner Winton: You got it. Vice Chairman Gori: OK. Any discussion? Being none, all in favor stale it by saying "aye." 340 July 26, 2001 0 0 The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 01-789 A RESOLUTION O>: THE MIAMI CITY COMMISSION AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF AKERMAN, SENTERF1717 & EIDSON, P.A. FOR REPRESENTATION Of' TIIE CITY OF MIAMI IN THE CASE OF LYNN ANT) PERRY RUNNELS, AS PERSONAL REPRESENTATIVE'S OF JESSE STUART RUNNELS VS. CITY OF MIAMI, IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 00 -2930 -CIV -KING, IN THE AMOUNT OF $50,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM TNF SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.652, FOR SAID SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Vice Chairman Johnny L. Winton Chairman Wifrodo Gort 341 July 26, 2001 m��� • • 73. AUTHORIZE~ ENGAGEMENT OF LAW FIRM OF RONALD J. COHEN, P:A. FOR .REPRESENTATION OF POLICE OFFICER ALEJANT*O-MACIAS IN CASE Qg LYN.N AND PERRY RUNNELS, AS PERSONAL REPRESENTATIVES' OF JESSE STUART RUNNELS VS. CITY, $50,000 PLUS COSTS; ALLOCATE FUNDS .'FROM .SELF INSURANCE AND 114SURANCE TRUST FUND. Vice Chairman Cort: Twenty -five -13. TTtc resolution. Alejandro Vilarello (City Attorney): This is a resolution requesting the appointment of special counsel to represent Police Officer Alejandro Macias in the same case. Commissioner Winton: Move it. Above. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Regalado: Second. Vice Chairman Gott: Discussion. Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 0 1 -790 A RESOLUTION OFTHE MIAMI CITY COMMISSION AUTHORI/..1NG THI: ENGAGEMENT OF THE LAW FIRM OF RONALD J. COHEN, P.A., FOR REPRESENTATION OF POLICE OFFICER ALFJANDRO MACIAS IN THE CASE OF LYNN AND PERRY RUNNELS. AS PERSONAL, REPRESENTATIVES OF JESSE STUARTRUNNELS VS. CITY OF MIAMI, IN THE U.S. DISTRICT COURT FOR TIIE SOUTI-TERN DISTRICT OF FLORIDA, CAST? NO. 00 -2930 -CIV -KING, IN THE AMOUNT OF $50,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SI:1..F-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.652, FOR SAID SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner 'Lomas Regalado Vice Chairman .lohnny L. Winton Chainnan Wilredo Gort NAYS: None 342 July 26, 2001 s 1 A"v $� M{ l k� C �� t{�''R'y � �$ q 4�' F`� f �� y� � hk.:Ti #h2 "3' Y � i`fA: k� i^ .� � � F �»`. sc c. t � u• ti » . w�f y Y 4 w a'4�i �� �? � �� 1` i � e. � vy��.t��. '3Tce�e '� a -+� ��y - ��' � ga � �,t� "`, y P '� �'� � +�,k �1nk� xy w ar.� tt � � � ���.aegs "r� at" ' k �x�y� k�' i �"�S 5 q. �i' "� n • E 74.AD,MiNISTRATION TO ISSUE REQUEST FOR `PROPOS.AL$ REOARDI�TG . i IjNC3A( NT OF EXTERNAL AUDITOR FOR UI'CQMINQ k MCAT, A� YR , ANA AL;O 4NLU11 BTNT ICPMCi, TQ: FINISH-END-;OF:'TH4�Y�AP,Q);I 'dQ' Q ` FiNAa `A,CCQUNTS; STIPULATB RY SND OF.FLEZS� ' QUA1 T Old I X ` it�rr ; YES- �,AVAC T` 'SHO JGD BE .. �31VEIV '>'O COMiViIS$ION hR#�GA DIN© G 5�4k (+Ci0Y1 RNMEI�TA1:'ACCOUNTII�TQ.STA RQS O.ARI ): Vice Chairman Gort: Item 20. Carlos Ginmener (City Manager): You need four-fifths for this one. Vice Chairman Cort: Twenty-seven, you also need four-fifths. 'Twenty-eight, withdrawn. Twenty-nine, a resolution authorizing payment of Williams landscaping Company for maintenance of Overtown Shopping Center. Walter Focman (City Clerk): Four-fifths. Vice Chairman Gort: Four-fifths. Teele, we need you. Commissioner Regalado: Let's do 30. Vice Chairman Gort: Thirty. That was done already this morning. Thirty-one. The administration prepared -- provide financial update on budget. Mr. Nachlinger: Thank you, Commissioner. Bob Nachlinger, Assistant City Manager. You've received the .April and May financial statements of the City. If there are any questions, we'll be happy to answer them. Vice Chainnan Gort: My question is, in those statements, are we in compliance with the budget approved by the City? Mr. Nachlinger: Yes, sir. Vice Chairman Gort: So we're in compliance and we're in accordance with the budget? Mr. Nachlinger: Absolutely. Vice Chairman Gort: We don't have any deviation from the budget approved by the Commission? Mr. Nachlinger: No expenditures over budget. We're significantly under budget. Vice Chairman Gort: OK. Thank you. Is lhcre any question? Any question on the financial statements that were presented? 'Thank you. 344 July 26, 2001 Commissioner Teele: What did we do, Mr. Nachlinger? Have we resolved this issue of going out to bid for the coming year, and allowing the incumbent to do the year-end for this year? Where are we on the financials, on the external auditor issue? This thing has gone back and forth, and it's really -- Scott Simpson (Assistant Director, Finance Department.): Scott Simpson, Finance Department. What we have on the first agenda in September is a request from the City Manager asking for a bid waiver for a contract of one year, plus an additional option to extend one year with KPMG (Klynveld, Peat, Marwick, Goerdeler). Commissioner Teele: Well, I'm going to be as firm as t can, and I'm going to ask you to bring all of the records. Comtissiotier Plummer opposed the KPMG extensions for two years, and I fought him on the dais against -- on those. Each of those waivers -- each of those bid extensions was something that he felt very strongly about. Now, 1 said what we said, is that at the end of the terns, that would be it, and we would bring in a new company. We're going to go with one more year, which is the current year, and I expect to see no hid waivers, but at -- for us to go out to bid in September for a new auditor. Commissioner Winton: Second the motion. Commissioner Teele: To commence October 1. Now, that auditor will do FY 2002.'s year-end. But 1 want to get that new auditor on, because at the end of the first quarter, I want them to start giving us sonic input as it relates to the -- how do you say it? Mr. Simpson: GAS13 (Government Accounting Standards Board). Commissioner Winton: GASB. Commissioner Teele: GASB-34. And what I'm looking for is GASB-34 compliance, beginning at the end of the first quarter of the coming year. So we're going to have two external auditors on board for sonic period of time, that is to close out the current year, which should be, hopefully, in December, January at the latest. OK. Mr. Simpson: Typically, the audit usually ends the end of February. Commissioner Teele: Well, it is what it is. Obviously, the sooner, the better. And just so that it's very clear, the Oversight Board continues to exist until we get an audit done, OK? So let's -- I want to put that on the record to my colleagues. The Oversight Board continues to exist until we get a clean audit for this current year. So they don't go out of business on September 30". They go out of business when that audit comes in. And, you know, rather than having this external auditor doing whatever they're doing now, they need to be working on getting this audit pulled together for the CutTcnl year. There's no reason they ought to not he able to get this thing done by the end of December. But you said February. That's what it's going to be. 345 July 26, 2001 mt - 0 • Mr. Simpson: The City physically doesn't close its books until the middle to the end of October, so that takes us a couple weeks to take care of whatever year-end accruals. So typically, the auditing firm doesn't come out until mid-November to start fieldwork. Commissioner Tecic: So what happens between the end of October and the middle of November? Mr. Simpson: We usually close the books around the 201x' of October, and it takes us about a week or so to write in the final accruals for payables and the encumbrunces, and then there's one entry that's related to the fire fighters' comp. time payout that we usually wait to get a final number. "Then the auditors conic in and start fieldwork in November. Commissioner Teele: Sir, it is what it is. But what 1 cannot believe is that you all would really come here with a straight face and recommend that they be extended for one year and then an additional year. Mr. Simpson: The only reason we were making that recommendation would be that in the following year would be the first year where GASB -34 would be mandated for our (UNINTLLLIGIBLF), so we'd like to have continuity between the two auditors. Nothing would be worse than to have a new auditor conic in, look at our books -- Commissioner Teele: 'Then why don't we go out with a new auditor now, then? You're making my argument. You know what? �Nlliy don't we go out with a new auditor now, and then have continuity that way"? Mr. Simpson: And 1 brought that issue up with the Oversight Board. I was willing to do whatever they wanted to do. You know, the RPP (Request for Proposals) -- Commissioner Teele: I read the Oversight Board's letter, and i talked to Oversight Board members. They did not say they want us to extend this auditor. They were very careful not to say that. They obviously said they felt that it would he advantageous in terms of getting the audit done. But if it's going to be till February anyway, then I don't cure if we do it till April. Mr. Simpson: We'll proceed however. Commissioner 'reelc: So would you mind giving us both options, to go out with a new bid for the current year or whatever options you all would like? And let us make that decision, because that requires a four-fifths hid; is that right? A four-fifths vote'? Mr. Nachlinger: Yes, sir, to extend. Mr. Simpson: To extend. Commissioner Teele: What they're proposing now is to extend, and basically do a no -bid contract, or just to extend their contract, a waiver of the competitive process. 346 July 26, 2001 Mr. Simpson: We'll be more than happy. The RFP has already been submitted to Purchasing for review, and we put it on hold. So if we want to go with the procurement -- Commissioner Teele: Well, why don't we take it up in September'? But I think it's really important that if the issue is continuity, then we ought to perhaps consider going out in September. Because if we're not going to get an audit back by the end of December, what's the difference between February or March? Mr. Simpson: Agreed. Commissioner Teele: I mean, I thought the advantage in having this auditor is that we were going to get an early audit back. Commissioner Winton: And we had heard the continuity between this changeover and the next - Commissioner'1'ccle: Exactly. So go with the next one. Commissioner Winton: -- and now then we're hearing a different continuity, so -- Vice Chairman Gort: OK. Was there a motion? Commissioner Teela The motion is to accept the external auditor's and the financial report as submitted. I would move to accept it. Commissioner Winton: Second. Commissioner Teelc: Recognizing if anything's wrong, we'll all read ubout it ten years from now, as they call our names, about what we did here tonight. Vice Chairman Gort: We don't -- and that report, it was given by staff. We don't have to make a motion on that, do we, accepting your -- Commissioner Winton: So, if you don't make a motion, we don't have to read about it, is that it? Vice Chairman Gort: No, no, no. My understanding is this -- Mr. Simpson: You just need -- you need to accept the report, sir. Unidentified Speaker: Informational purposes only. Vice Chairman Gort: It's for informational purposes only. Mr. Simpson: Yes, sir. Vice Chairman Gort: What I was talking about, Commissioner Teele -- 347 July 26, 2001 $i6iMAIM11 0 0 Commissioner Teele: Yes, sir. Vice Chairman Gott: -- is your request of having the RFP out. You want to wait until September? Commissioner Tecle: No. I mean, I'm making a request, individually, of the management. And they'll come back in September, in the first meeting, and to take all these considerations. Obviously, l want to listen to what they're saying and what the Oversight Board is saying. But the key thing for me is, we don't get out from under the Oversight Board until we have an audit. And I was (toping -- I mean, I've been saying for the longest, 1 would hope we could get that audit done by the end of the year. He's saying that's just not logical, it's not proper, it can't happen. So if we're not going to have it by December, then it's going to be February. What's the difference between February and March? Vico Chairman Gort: OK. So we don't need a motion on it. Thank you, sir. 348 July 26, 2001 7S , RA TRY, APPROVE AND CONFIRM MAl�? W Rt FINDING; ,bF�'= ' Q `i 'S FOR COMPI?'TITT. E.:'9 A -0 WiN., At 8 {R�t�AGBIvSENT AND WSTALTwATION F ` sTE;,$tG FAR 01 FIEESSI4NtL W,:IrLDINCr, INC O FE'fF�' O 1JLl?A'PMRN'PrQF PARKS` AND''RWCREA`I'I N S49t; S, SAI '`K I( HBOItHD .: PARK BOND PROGRAMS ARK- tD$YeF AP r , D C.4MM[:77' T-Y DEj�FI: OPM�NT BLOCK. GRANT` S`TAiTE OF Fi,OR [DA Q ,' AEES, `�11D.: DEPTMENT OF PARKS AND RER:EATIO.IV OE1ti13RtI: �` OPERATING BUDGET. Vice Chairman Gort: ]tem 26, approval of emergency steel picket fencing; work in various City Parks. Commissioner Winton: I will move it, but 1 only have one question. Commissioner Tecle: Second. Vice Chairman Gort: It's been moved and seconded. Discussion. Commissioner Winton: If this needed to he done, why couldn't it have come through some process so that it isn't an emergency? i mean, we would have known a long time ago that this fence needed to be done. I mean, it isn't kind of an overnight, gecz, the fence just fell down deal. Albert Ruder (Director, Parks and Recreation): A lot of times, there's funding issues. Funding is not available, and then when it's available, there's very little time to spend it. And another reason for this was that the summer season was coming about, and we needed to fix the pools. So there was -- Commissioner Winton: But you knew the sununer season was coming in the winter, because they follow, you know. Mr. Ruder: Yeah. But many times, there was not -- the funding was not available, and as a result of other projects coming in below bid -- Commissioner Winton: So was this a funding deal or -- Mr. Ruder: It was a combination of a lot of things. But a lot of it was funding. Commissioner Winton: But 1 think what we're trying -- we've said it a number of times. What we truly -- Yon know, we don't look good when we have these kind of emergency things, when it's routine kind of stuff, and I just hope that we get to the point where, you know, if it really is a funding issue, then that's totally acceptable to me. But if it's any other issue, generally, you know, we just don't look as good. So I hope we get better. 349 July 26, 2001 0 E Mr. Rudcr: Ycah. And the good thing is we sent out four bids, and the firms that got all of the work were City of Miami hased f inns. Commissioner Winton: Great. Vice Chairman Gort: Any further discussion? Commissioner Tecle: What's the item number again? Vice Chairman Gort: Item 26. OK. All in favor state it by saying "aye." The Commission (Collectively): Aye. The following rosolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO, 01-791 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (415THS) AFFIRMATIVE: VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING O AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE: REPLACEMENT AND INSTALLATION OF STEEL PICKI-T FENCING AT VARIOUS CITY PARKS FOR THE DEPARTMENT OF PARKS AND RECREATION FROM PROFESSIONAL WELDING, INC. AND MURRAY FENCE, CO., INTC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, IN A TO'T'AL AMOUNT NOT TO EXCFFD $494,755, ALLOCATING FUNDS FROM THE SAFE NEIGHBORHOOD PARK BOND PROGRAM, PARK DEVELOPMENT FUND, COMMUNITY DEVELOPMENT BLOCK GRANT, STATE OF FLORIDA GRANT, IMPACT FRCS, AND PARKS AND RECRFATION GENERAL OPERATING BUDGET, AS APPROPRIATED BYTHE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED. 350 July 26, 2001 0 (Dere follows body of resolution, omitted here and on file in the Office of the City Clerk- Upon bang seconded by Commissioner Teele, the resolution was passed and adopted uy the fouowiog vote,• AYES: Commissioner Tomas Regalado , Commissioner Arthur E. Tcele, Jr. �> vice Chairman Johnny L. Winton "a.1.�Jipinmm Wrfredo Gort k..,P x: `� fYbz Commissioner Joe Sanchez A �. t}"M i° •, frx�r��o' vsc 1, �. a-,� Ya ., , d }t rl.d tti 'Sk e rit i t � �4�4 ck y °t a'�9w r{ Y fi;t f G I Y V S�i j��'A,_ A'u"/ � •4 k i �P y4 Y!`H h 1+ .� 'i!h t�f dl �y` w!'° tom, st, s "�' 5 r , a[ w k N a S� K x ak R, < 111 h^'{ iSh",tf Nh��.t .a5+ ,+<'x� to d Pl n' P PC xjJ �"�'r '4 zd tY 5. 'd "` 2'P xd �d<4y45a } as^ S a'� J T� Yr :i' C 1 ,yµ�Jdk� Yb.' •a j spa x c s� `t1J"r' rw o 4c.G.y FC4(N 5£''�x}i;xm 4'.{ IY# 7f Y4'��^i�Yr � '.'xh�. kitµ d0hyf '9l" � n+L gt ^"Y�� N(F iF#}' ~t',•2 fi �s'4 zg "' "� t �,',^' `� 5,,,x f.""" r 1 �.5 xt„ Nr.s xr'-^V'.'r k�,+f,�tlJ.9y '7 h'x`t�z� +�"', ani e; ks� RP C 4?�. �`h✓ 'Qq � :klp ��.� ifrd`�..�Sy �.A d �� t R { EE i. M1'Pb �f S�`d._ �'A1 t�`-� h!'4 .`� } #f "kAA`,`AV' {�Yn �"�+ ft$' 7� 9 ?t w� �"h� v+:`n f'��'�. ck y °t a'�9w a�j�.��,.'..'��u% ,�i ?N'�wi".d �+�i4' gXn '�,c��z-,asF �l Yb>•i A+��� F� F..T t`r 1" «r' 2111 F�k'S` � t�+,� °i� �' a�it� '�''�,.�„'•'F� � t� kart e�„ iz�� i 4 '�'1.. w s 'R j 4kr t .t3TMfi np,i M1 p�1 ,a .°'�` }��� �f �v'+ tP'"r�'i�i�'��(�P'xX",y }� `"'s, d{3r * �� °fes�rr "�1,�:7 GY . 4�,+oM'j R ��C�'i�"-4'4"C47 ^'� 1��$4 1 54'�h �;+�� _yet �S r NP•, 1`k��,i.'k �,'+i �'`+S'�i � 'XYZ i $i �R�; k�� ! � J?�`Pf �� � . C 4?�. �`h✓ 'Qq � :klp ��.� ifrd`�..�Sy �.A d �� t R { EE i. M1'Pb �f S�`d._ �'A1 t�`-� h!'4 .`� } #f "kAA`,`AV' {�Yn �"�+ ft$' 7� 9 ?t w� �"h� 4 & �'.^^ $.'.:.�� i 4 �`2 � '� � � Ct �. '1'� �' � q. R C' ✓„ i 'Ytru 3 `�a NO R y A i< 1�,rr Y't�.. §r,.. 'W°y,�'w�'r� � Y`.�.�;�5�15 t 'lA }Z����aiF"i""} ,4`^j,r,n� ,:. ��"'�3. 9 E tq.,.tL.,��'q•�4 "��.^K''�'S� l� 4 �ryy 5.�� '7'�6 4�iAs'.^^h aYi{e, il✓NY'^ry � � �'� '� F}�„�•'i �t4 q. f Nyj'f a ±ih }�SK� 4t$'k � 1�1�.T✓ 4. �'+�r£.9 4;�� � w�"€ `i tdt tP F k2Y, �, y, .3,4 x3trJ ,:'R,k'b`}5 �Z �G p, gj, «'L E'+i yt wt q.j^x2^ t A 1 • E 76, RATIFY, APPROVE AND -CONFIRM MANAGER'S FINDING OF EMERGENCY,— WAIVE: REQUIREMENTS FOR COMPETITIVE SEALED BIAS, AND, A`I R VE EMI~R�JENCY 'PURCfIASB OF* TELEPHONE TRANSLATION -SERVICES -FOR OLICE' AND: FIRS -RESCUE DEPARTMENTS FROM LANGUAGE LANE,. SEi�VjCES;''$141060 AI:I;OyATE FUNDS FROM E91-1 OPERATING BUDGET. Vice Chairman Gort- Item 27, emergency provision of Telephone Translation Services. This is for the Police Department, in the amount of eighteen thousand dollars ($18,000). Do I have a motion? Commissioner Regalaclo: Move it. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second. Vice Chairman Gort: Any discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RI -SOLUTION NO. U1-792 A RFSOLUTION Oh THE MIAMI CITY COMMISSION BY A FOt_IR-FIFTHS AFFIRMATIVE VOTE OF THF MEMBERS OF THE CITY COMMISSION, RA-IIFYNG, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN I:MEIZGF.NCY, WAIVING THE REQUIR)rMENTS FOR COMPETITIVE SEALED BIDS, AND AUTHORIZING THE ACQUISITION OF TELEPHONE TRANSLATION SERVICES, FROM .JANUARY 8, 2001 TO JUNE 30, 2001, FOR THE DEPARTMENTS Ul, POLICE AND FIRE -RE'SCU'E; FROM LANGUAGE LINE SERVICES, IN AN AMOUNT NOT TO E=XCEED S18,000; ALLOCATING FUNDS FROM THE E911 OPERATING BUDGET, ACCOUNT CODE NO. 196002.290461.6.340. 352 July 26, 2001 (Here follows body of resolution, omitted here and on lite in the Office of the City Clerlt.) Upon ixsing seconded by Commissioner Winton, the resolution was passed and adopted► fbltdwittjl vets: , Ate; Commissioner Tomas Regalado'' < i;ommssionar Arthur E. Teele Jr. "Y Commissioner Johan L. Winton RIM E r Y y �q,± s.�Chattman Wifiado Qort 1 b apgtp i3.gf• r s5 ..yd'T:r'i 3 t3 `sem+ j None - xsk t rt'•., .res '�'s.wtiwi Irv' +" ..a 5, Y' a+ FT�vr"" { ^y s!}�` 4s? ,,tib 4...�,�fa2 ,PK'�t +'•'4#is ud.:� i,y 'i !' t� i � �`, '�Y` g* 111 !!yy kFk ! k�a `rM�^ a.ks r.. i g, fi w z°- fT t a «� s?w'no- �"`w a �a5s '3�.�m"`1- w }S .8'r A:: a a �t jai #ris�`j yS. i,r ,2g � 3� apl` � �a�'�"`�' -.J�, r,�e o,�;• i-'t� a -333 July 2,6* 2001 0 'y'fr RATIFY, bAPPRt AND CONFIRM 'S'. CTIONS tN.,.. yING k11TONAf- �M ENA1x10E : S] VIC FOM L �i�i SOtt C3!ERN -SHQ�' CBIVTER"DUi1VG U11QNT GHJA'�TUAR A00, S2%1 Vice Chairman Gort: Item 28 has been moved. Item 29. Resolution authorizing payment to Williams Landscaping Company for maintenance of Overtown Shopping Center. Do I have a motion? Commissioner Winton: So move. 354 July 26, 2001 E • The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO, 01-793 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACTIONS IN APPROVING ADDITIONAL MAI'VTl?NANCF SERVICES FROM WLLLLAMS PROFESSIONAL. LAWN CARE FOR THE OVERTOWN SHOPPING CENTL•R DURING THE MONTHS OF OCTOBER 1999 THROUGH JANUARY 2000, IN THh AMOUN'r OF $2,941; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 145001.251113.6.340. (Hone follows body of resolution, omitted here and on file in the Office of the City Clerk.) 355 July 26, 2001 nm� • • 'XS. EMER(3ENCY QRDINA NCE: kt&ND SECTION, 7, @F ORPIN�9?NCFr NQS 11, (i AL APY RQPR��T ONS ORDINANOE 30f I;STABSIIN; CAP'AL T1V;�PROV j1¢ii�TT' RROJ t STRF. a�:,Iy — 'XPLACA" TO AEGIN IN FISCAL YEAR;,' Nle Vice Chairman Gort: Item number 29? Commissioner Winton: That was 29. Vice Chairman Gort: That was 29. Item 30. Commissioner Winton: We did 30. Vice Chairman Gort: We did that already. Thirty-one. Commissioner Winton: We did that. Vice Chairman Gort: We did that. '11iirty-two. Proposed FY '02 budget. Alejandro Vilarello (City Attorney): Sixteen. Commissioner Winton: Sixteen? Vice Chairman Gort: What was 16? Mr. Vilarello: It was the emergency appropriations ordinance that Ms. Haskins -- Vice Chairman Gort: We passed that already. Commissioner Tcele: No. Mr. Vilarello: No, We didn't have the title prepared. Vice Chairman Gorr: Oh, OK. Uo you have the title for 16? Mr. Vilarello: Yes. Vice Chairman Gort: OK. Mr. Vilarello: You previously had a motion and a second. It says -- Note for the Record: The City Attorney read the pending ordinance into the public record by title only. Commissioner Tceie: We moved it. I moved it and Commissioner -- 356 July 26, 2001 Commissioner Winton: And we seconded it. Vice Chairman Gort: OK. Any discussion? Being none, all in favor state it by saying "aye." Mr. Vilarello: It's an emergency ordinance. Walter Foeman (City Clerk): It's an ordinance. Commissioner Teele: It's an emergency ordinance. Vice Chairman Gort: An ordinance, I'm sorry. Roll call. An ordinance entitled - AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTIONS 5, 6 AND 7 OF ORDINANCE NO. 11970, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30. 2001, 'THEREBY INCREASING THl? BUDGET FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT. ESTABLISHING A CAPITAL IMPROVEMENT PROJECT ENTITLED "FLAGLER STREE'l MARKETPLACE,- CAPITAL IMPROVEMENT PROJECT ("CIP") NO. 341140, TO BEGIN IN FISCAL YEAR 2001 AND INCREASING APPROPRIATIONS TO CIP NO. 351283, "WATSON ISLAND SANI'T'ARY SEWERS"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Teele, and seconded by Commissioner 'Vinton, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Govt NAYS: None ABSENT: Commissioner Joe Sanchez Commissioner Teele: Mr. Chairman, we have a number of people, including the -- Mr. Foeman: First reading. Second roll call. 357 July 26, 2001 Whereupon, the Commission, on motion of Commissioner Teele, and seconded by ComtnhWoner Winton, adopted said ordinance by the following vote: AYES: 'commissioner Tomas Regalado , Comrni signer Arthur E. Teeie, Jr. r; Commissioner Johnny L. Winton 'k+� Vice Chairman Wifredo Gort None tri ABSENT: Commissioner Joe Sanchezr $4ROjtD1NANCEWAS DESIGNATED ORDINANCE NO.] 2099 ,... •x Tic o�idiaantco was read by.ti#io into the public record by the City i4�tt"roy � t e SPG` n t M, u x�� k ,'Y t a :. .. i d .� s�x� � "'�s�"v%"� x v £ece}��a Q• �j�' � a''��.�'''� t� :a 3r3,,_. �`.,�b�i gt�� � � ��1�j c s• . r- v � S '' RRCIr., k, #�n+.Jy.Z 358 July 26, 2001 79. APPRQY-E WAIVER OF POLICE, FIRE -RESCUE AND BAYFROj�IT 'AI�I� - ES $�5,0�► AOR MIAMI.MUSIC FESTIVAL SCHEDUL15) {. 4 TAICI~ PIACI~ t*`� �� F . RARK;FgOM SEPTI~MBER 1 TO':SEPTWBER 2, 2001; FUNDS `TO $1*; j� �+►T�" FROM'SPECIA'-;'IfVENTS ACCOUNT (See #5),. Commissioner Tccic: Mr. Chairman, we have a number of people that are here, especially people from the public that arc here on the Community Development item that was deferred at noon. We said we'd try to take it up at 8 o'clock. And this young gentleman, who's acting much better -- Commissioncr Winton: Than some ofthe rest of us. Commissioncr '!'cele: -- than some of the rest of us, and certainly, some that have sat in that chair before -- have a right to he heard. And i would like to see if we can return to the CD (Community Development) items, if possible. Commissioncr Winton: Which item is that'! Commissioncr Teele: That's Item lumber 9, I believe. However --is that item being passed out now? 1 think, in fairness to the organizers of the Miami Music Festival that are here in the building, Commissioner Winton, if you'd like to move it. I note that you're a Chairman of the Miami -- Co -Chair. I'll he happy to make the motion or second it, whichever. I'll move the pocket item relating to a resolution approving the waiver of fees for the Bayfront Trust in an amount not to exceed forty-five thousand dollars ($45,000), which is scheduled to take place from September 1" to September 2'd and the accounts to be allocated from the special events. And, Mr. Director, if you could talk to your Budget Director, I think she's standing right there. This itern has been cleared with both the department, and the Budget Director, and the Police Department, 1 would so move. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and seconded. Any further discussion? Commissioner Winton: Is Commissioner Barbara Carcy-Shuler here? Is she -- Commissioner T'eele: She's here watching, and I don't think we should talk about the lawsuit that the County filed or anything like that. We should try to -- Commissioner Winton: 1 was thinking she might want to come forward and give the public a real quick -- particularly, since she's here -- introduction in terns of what the Miami Music Festival is an([ the importance to our comnuulity. So if she's listening to the TV, maybe she could come out real quickly. Commissioncr Teele: I'm sure Commissioner Carey -- Well, she's actually back there watching the County Commission proceedings. So maybe we could flip over to the County channel and she'll come right running out. 359 July 26, 2001 011110111 Commissioner Replado: Well, I think that that's one of the best things that we could have done, supporting that, because it's a major effort to bring all kind of communities together. And -- Commissioner Winton: Well -- and it really is -- Mayor Penelas -- Commissioner Regalado: You know, besides, it's music, September 1" and the 2" d. It's music, it's relaxing. Remember, you got the Grammies on the 12`h. Commissioner Winton: Right. And Mayor Penelas and Commissioner Barbara Carey -Shuler and I are Co -Chairmen of this event. And this wasn't my idea. 1 got drafted into this thing. But the concept is really good, and the concept that they're promoting is to create a unifying event for our community and to bring together the diverse cultures we have through music. And their ultimate goal is to -- and this kind of melds in Mayor Penclas' mosaic plan with Barbara Carey- Shuler's concept for the Miami Music Pest, which will be an annual event. So -- and be hold within the City of Miami. So end of discussion. Vice Chairman Gort: There's a motion and a second. Any further discussion'? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. 360 July 26, 2001 E The following resolution was introduced by Commissioncr Tcele, who moved for its adoption: RESOLUTION NO. 01-794 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATING '1'O THE '.MIAMI MUSIC FESTIVAL WHICH IS SCHEDULED TO TAKE PLACE AT BAYFRONT PARK FROM FRIDAY, SEPTEMBER 1, 2001 TO SATUPDAY, SEPTEMBER 2, 2001; APPROVING THE WAIVER OF POLICE, FIRH- RL•;SCUE AND BAYFRONT PARK FEES, IN AN AMOUNT NOT TO EXCEED $45,000, WITH FENDS TO BE AI,I.00A'fF,D FROM THE SPECIAI. EVENTS ACCOUNT, AUTIIORILING THE ISSUANCE OF A TWO-DAY PERMIT FOR 'I'llE SAI.I: OF ALCOHOLIC BEVERAGES DURING SAID EVENT 1N THE AREA DESIGNATED HEREIN; DIRECTING THE CITY MANAGER THAT SAID AUTHORIZATIONS SHALL BE CONDITIONED UPON THE ORGANIZERS: (1) OBTAINING ALL PERMIT'S REQUIRED BY LAW; (2) PAYING FOR ALI. NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID CVI'NT; (3) OBTAINING INSURANCE, INCLUDING BUT NOT LIMTTFD TO LIQi:OR LIABILITY, TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; (4) INSTITUTING AN IDE'NTIFIC'ATION PROGRAM TO ASSURE: THAT ONLY THOSE INDIVIDUALS OVER THE AGE: OF 'TWENTY-ONE MAY PURCHASF. ALCOHOLIC BEVERAGES; AND (5) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNER, (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: Commissioncr Tomas Regalado Commissioncr Arthur F. Tecle, Jr. Commissioner Johnny L. Winton Vice Chainnan Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez 361 July 26, 2001 Ll 80. DISCUSSION REGARDING CDBG ALLOCATIONS. Commissioner Teele: Item Number 1), Mr. Chairman. Vice Chairman Gort: We have the C'Di3G's (Community Development Block Grants). Commissioner] cele: Yes, sir. Vice Chairman Gori: Go ahead. Gwendolyn Warren (Director, Community Development): Gwendolyn Warren. Director of Community Development. Commissioners, at your public hearing on .Ittly '101 , for the allocation and the appropriation -- for the acceptance and appropriation of Community Development Block Grant timds, the Commission made a series of approval and -- hilt there was a request to set aside housing recommendations, specifically in the District 5 arca. The total sum of dollars that were deferred to this meeting liar consideration in housing administration is live hundred and twenty thousand dollars ($520,000). The administration has provided you in your correspondence in your package a list of agencies that were recommended for funding, as well as requested by the Commission, agencies that are eligible for funding. The agencies that were recommended for funding are listed on the second page of your letter, and I'll list, nun through the agencies. BANIE (Bethel African Methodist Episcopal) Development Corporation was recommended for the 27`h year at eighty-two thousand. seven hundred and sixty-two dollars ($82,762); Greater Miami Neighborhood Technical Assistance for seventy-five thousand; I labitat for Humanity of Greater Miami for seventy-five thousand; Jubilee Community Development Corporation for it hundred and seven thousand, two hundred and thirty-eight dollars ($107,238); Little Haiti Housing Association for seventy-five thousand; and Vision to Viclory fin live hundred and five thousand -- I'm Sorry -- one hundred and five thousand. The administration also had a series of other housing recommendations, and that was at three cotapanies. Rafael Hernandez, St. John's and Word of Lil*e were recommended for not funding for a variety of reasons, including, one, the Commission's policy that agencies dedicate themselves to one arra, as well as some performance -related issues. Au organization !or aur housing discrimination program for 1101,11. (housing Opportunities Project for Excellence), basically, the administration was deferring that recommendation until budget hearing time. There were two other organizations under housing that had applied, which is LISC (Local Initiative Support Corporation), the -- a third one, really. Commissioner Winton: We need Commissioner Gort or Regalado hark. We don't have a quorum. We're stuck dead in our tracks here. Commissioner Gort's hack. Commissioner Toele: Maybe I can help cut through this. Just to remind you, we passed and upproved the vast majority of the housing projects. 'I he balance of the housing projects that are here are the projects in District 5, essentially. 1 he reason that I asked that they be held was 1 think that we've got several issues that we need to just put out in the open, and put on the table, very clearly. I will not support, at all, it process that is not competitive and not fair. 1 read each of the proposals, and one of the proposals here that is recommended essentially is a proposal for the Model City 'frust. The proposal was directly associated with activities associated with the Model City Trust. And so what 1 would like to do is recommend the approval ill' Visions to 362 fitly 26. 2001 Victory as an organization fur consideration by the Model City Trust, when they begin to meet, with funding to conic from the Model City Trust, in that all of their scope of work related to the Model City Trust, which we've agreed we're not going to come in and tell them what to do. And everything that we do from now on with the Model City Trust -- and I have another motion related to the -- 1 have another motion related to the cleaning up of lots, as we get to the end of this, and it's going to be the same procedure. I'm going to recommend that the Public Works Department, working with the NET (Neighborhood Enhancement Team) Office, working with Community Development staff the Model City Trust and get the lots cleaned up. But the funds have got to conk from the Model City Trust. We can't spend their money. We cannot appropriate their money. And just so everyone is clear, they've got about seven million dollars ($7,000,000), based upon what we've given them of Community Development money. And so my recommendation would be to move the recommendation -- to move the Visions to Victory proposal with a positive recommendation to the Model City Trust, for their consideration and their award of a grant from their funds. I would so move. Cotmnissioner Winton: So does that mean this hundred and five thousand -- Commissioner Tcele: That hundred and five thuusand stays with the City. Commissioner Winton: Stays here, does not bo with that. Commissioner Teele: Their entire proposal was fur activities related to the trust. Commissioner Winton: Got it. Understand. So second the motion. Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-795 A MOTION TO TRANSFER VISION TO VICTORY PROPOSAL (SAID PROJECT PREVIOUSLY APPLIED i•OR 27"'" )'FAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG"] FROM THE HOUSING CATEGORY) TO THE MODEL CITY HOMEOWNERSHIP I -RUST FOR FUNDING CONSIDERATION. 363 July 26, 2001 IZIIf1Lt�l. 0 • Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gorr Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez Commissioner Teele: I would then move that Habitat for 1 iumanity be funded in the amount -- the full amount that they requested, which is one hundred and seventeen thousand dollars ($117,000). Is that right? Or -- Ms. Warren: Yes, sir, it's one seventeen. Commissioner Teele: One hundred and seventeen thousand dollars ($117,000). I would so move. Commissioner Regalado: Second. Commissioner Winton: So that's an increase of thirty -- forty -some thousand dollars? Is that -- Vice Chainnan Gort: Forly-two thousand. Ms. Warren: Forty-two thousand. He's a math man. Commissioner Winton: Thank you. OK. Second. Commissioner Regalado: You're taking the money from -- Commissioner Tecle: I'm not taking money from anybody. I'm just using whatever balance is left. Commissioner Regalado: Oh, OK. Commissioner Tecle: Their money -- Commissioner Winton: It's coming out of that hundred and five, right? Commissioner Teele: Yes. Ms. Warren: Correct. 364 July 26, 2001 Commissioner Winton: Yes. Second. (INAUDIBLE COMMENT) Vice Chairman Gort: Thank you. It's been moved and seconded. Commissioner Regalado: Second. Vice Chairman Gort: Any further discussion? I'm listening to it. Commissioner Regalado: Second. Vice Chairman Gort: All in favor state it by saying "ayc." The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-796 A MOTION TO APPROVE FUNDING IN THE AMOUNT OF $117,000 FOR HABITAT' FOR HUMANITY FROM 27'" YEAR COMMUNITY DEVELOPMENT BLOCK GRANT f"CDBG"j HOUSING CATEGORY. Upon being seconded by Commissioner Rcgalado, the motion was passed and adopted by the following vote: AYES: Vice Chair man Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur F. Tcele, Jr. Commissioner Joluumy L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez Commissioner Teele: The real question that we have to deal with is the issue of BAMS (Bethel African Methodist Episcopal) and St. John's. St. John's has been recommended for the last how many years for housing activities'? Ms. Warren: I think it's five. Commissioner Teele: Say again? Ms. Warren: Five. Commissioner Teele: And why are they not recommended to be continued? 365 July 26, 2001 • • Ms. Warren: Because in the live years -- end I think we're looking at approximately four hundred and fifty thousand dollars ($450,000) of administrative support -- we have not had any performance. Commissioner Tecle: Well, what does that mean'? Have they built any houses? Ms. Warren: Not that I'm aware of in that time period, no. Last year was a probationary year, per Commission's instructions, and then as a part of the process, they were not eligible this year. Commissioner Winton: So how much money in five years'' :els. Warren- Four hundred and filly thousand. Commissioner Winton: Oh. Commissioner Tcele: Is there a representative of St. John's? Because I'm going to tell you exactly where I am. I'm prepared to recommend a certain amount of money to close out the files under this account. I'm not prepared to try to overrule the staff recommendation. i've seen Commissioner Winton take money from organizations that have not performed. This is a year that I'm up for election. I don't mind saying it. This is not popular, but this is what we've got to have in government, is we've got to have you either performing or you're not performing. And in five years, if four hundred and filly thousand dollars (S450,000) have been spent in administrative dollars and we have no demonstrated project -- and 1 would welcome you to appeal it if you think it's proper. I'd wvelconu you to do whatever. But, you know, we need to have this out in the public. It's not something that I want to do, but we can't just close the door quietly. We've got to have a public process. So i have a high regard -- I think St. John's is probably one of the most positive forces in the Overtown community. The Overtown cooking and those activities, the level of community coordination, the spiritual -- the one project that everybody can point to with success is the St. John's Apartments, which is a rental unit, OK? And that was built how many years ago'? Vice Chairman Gort: About ten years ago. Ms. Warren: Ten. Commissioner Teele: Ten years ago. And that unit stands as support. And 1 will tell you right now, it' that unit needs more support, like painting, or continued support, 1 would hope you'll cone back and ask for support. But i would hope that you would understand that the management is doing what we directed them to do, And this is not directed at St. John's. I think Reverend Nevins is one of the finest persons that I know in this world, But this is strictly the way we've got to run this agency at this point in time. So -- Commissioner Winton: And Commissioner Teelc, if I might just echo a bit, because you made reference to it. There are three agencies within my district that we -- actually, this year, they are out of the housing development business, because they simply didn't have the resources nor the 366 July 26, 2001 skill sets to ever get housing done. II was going to be an ongoing battle. And what we suggested is that they figure out the things that they're really good at in file community and we will fund them. We'll give them better funding in their community for those things that they're good at, and we're going to get somebody else to get into the community that's got experience, matey and the wherewithal to get housing built. So. David Days: Yes. If I might, Commissioner, I'd like to say something. David -- pardon nue. David Days, St. John's Conununity Development Corporation, 1324 Northwest 3" Avenue. I understand what you're saying, anti 1 understand that that figure jumps out at you, four hundred and fifty thousand dollars (5450,000) in five years, and I know that. I've been -- when I was at St. John's ten years alto, I put those apartments there. 1 just got back to St. Join's about a year and a half ag,o, a little over a year and a half ago. ,lust in that time, we have acquired 14 scattered sites. We are in the process right now of -- we've raised a million and a half dollars, seven hundred thousand from surtax. We've got some from -- as you know, we were one of the agencies chosen to get some money loom the Knight Foundation. We have a project ready to go. 1 just -- end of July -- pardon me -- the end of June, I relocated all of the tenants out of the building. The building is empty, I've got -- my demolition man was out there today giving us a price. We're ready to go. What I need is this Commission to just take a leap of faith and have some faith in St. John's again. And even if this is the last year, if we don't produce, then I can understand getting; kicked out, but not when I'm this close that 1 have to go and throw away my housing administration persons, those dollars arc taken from Lis and stop us in our track. We didn't bet any subsidy dollars from the City, We bot those dollars from the private sector. We got some from LISC (Local Initiative Support Corporation ), and we got them from the County. So I need those additional housing dollars. And 1 understand your frustration, but please look at mine. Comnrssioncr '!bele: What's the minimum amount of dollars you need to stay alive and do this project properly? Mr. Days: Fifty. Conunissioncr Teele: All right. Ms. Warren, please? Ms. Warren: Commissioner, I'vc had an opportunity to meet with Mr. Days and another very strong supporter, Fannie Mae. Shalley Jones, and I and Mr. Days, and our I lousing Director met about four months ago. Well, we asked at that time, because we knew that this date would he imminent, is that they provide us with an interagency agreement of your team or a development team which would include LiSC, Fannie Mae and yourself, and that you bring a proposal back to Community Development to talk about how you would proceed in this process. Roth Fannie Mae, and apparently LISC, and the Department of Community Development is very supportive. But we have failed to receive any information out of that meeting, and we were really hoping that you would come back with a restructuring. Commissioner Winton: When was that meeting? Ms. Warren: That was probably Fcbruiu-y, March. We haven't heard from them. 367 Julv 26, 2001 rz��rViLe Mr. Days: No, no, no. I sent all of that information to you. Asa matter of fact, you wrote me a letter hack saying that, yes; you had received that information from me. I've got those letters in my office. The thing you asked me for, the agreement, you asked me to get an agreement with a developer. i went out and talked with Al Townsend, Inc., got an agreement with him. I sent all that information to you. Ms. Warren: I would suggest that possibly, what we could do is, if the Commission would like to set aside some money, subject to us reconvening the meeting, meeting with Fannie Viae and his business partners and come back to the Commission, that would probably be an appropriate thing. Again, we've not received, reviewed the rnaterials, but we would love lo. Denis Russ: Mr. Chairman, my name is Denis Russ. I'm the Program Director for LISC. We would he delighted to provide you with infonnation about our association and involvement, and substantial investment of effort and energy in the work of St. John. i would share with you the fact that we very much feel that we have a commitment to technical assistance to St. John, B,:yond that, have extended grant funds to the organization over the course of this year that we'll be continuing in the future. And I believe that there has been, as well, progress. Progress in acquisition of properties, pretievelopment activities, moving towards the demolition and construction. And I just would -- Ms. Warren: Again, if we could meet with Shalley .loner, yourself, and revisit our conversation and then conte back to the Commission, I think that would probably he appropriate. Mr. Russ: That would be great. Commissioner Tecle: I'm not prepared to take an action tonight, then. Then could we move to BAMS? BAMS is recommended I'or eighty-two thousand, seven hundred and sixty dollars (S82,760). Traditionally, we have given lifty thousand dollars ($50,000) for administrative support. I've read anti reviewed the applications, and it appears that BAME ltas bollen bonus credits based upon the river development project that's going up. Actually, it's in Commissioner Winton's district, the project, you know, that you raised the question of the scale and we had the big fight over historic preservation. k'Ve forced the developer to do it. Now he's put himself in for a bunch of grants. Fverybody is putting themselves in for a Secretary of Housing award but the Manager putting the Commission in for it, because We're; the ones that forced him to do it. The staff wasn't even with it. The developer wasn't with it. We're the ones that held his feet to the tire, but they all are arguing over who's going to get the award front the secretary for historic preservation initiatives. And it really does appear that the management is really not giving credit where the credit is due, because this project was dead if they didn't snake some concessions, and we kept it alive and forced those concessions. But my concern with BAMS -- and I want to support BAM)= -- is that 1 did a groundbreaking, and the damage and the danger in doing groundbreakings is, are you there for a PR (public relations) show, or are you there to see houses conte up out of the ground? Now, we did that groundbreaking three years ago. And the only thing I see growing there is %%ccds there at RAMS. So I'm prepared to move -- is there a representative of BAMF,? I'm prepared to move the 13AME amount of fifty thousand dollars ($50,000), sub b'icet to a performance plan associated with the housing project there in Overtown on -- what is that? About 5`h Street, 6`h Street? 368 July 26, 2001 Ms. Warren: it's on 5". It's called New Hope Overtown, and it's on 5`h. Commissioner Tcelc: Yeah. When was that groundbreaking? And, you know, we've gone through all of the hoopla. Ma'am, welcome. It's a pleasure to see you here. I apologize it's taken so long. Just put everything on the record first. Ms. Marilyn Hardy: I'm Marilyn Hardy, Greater Bethel AME Church. 245 Northwest 8"' Street. I am not here to represent BAMS, however. 1 am the director of our HIV/AIDS Prevention Education Program. Commissioner Tecle: All right. Well, let me just say this: I will move the Manager's recommendation, subject to the management putting a performance plan that is associated with the completion or progress regarding the New Hope Project. Ms. Warren: Yes, sir. Commissioner Teele: And t realiie that New i lope Project has had a lot of legal issues, Mr. Attorney. You know, that's the one, they've come back here for a re -plat, and then we had a problem with the legal documents that have been drawn up, and there was just a series of problems. So they've had some very real obstacles. But how much money have we put into NAME now, over the last five years? Ms. Warren: For New Hope. Jeff Hepburn (Assistant Director, Community Development/Housing): They were allocated eight -- Jeff Hepburn, Assistant Director. They were allocated approximately eight hundred thousand dollars (5800,000) in HOME (Home Investment Partnership Program) tunds for that project to date. Commissioner Teele: No. How much administrative dollars have we given BAMS over the sante five-year period? Ms. Warren: Probably the same amount. Mr. Hepburn: Probably about the same amount. Commissioner Winton: }Dight hundred thousand'? Mr. Hepburn: No. Well, it's about two fitly. I think it's been about fifty thousand dollars ($50,000) on average each year. So about for five years, about two hundred fifty thousand dollars (5250,000), Commissioner Winton: And how many housing -- Commissioner Teele: But let's be real clear. What BAMS is getting credit Cor is their joint venture or their technical and community relations, community assistance with the river project? 369 July 26, 2001 Ms. Warren: They're getting credit for three projects. And again, one of them is the Miami River Park, which is the 211 units: New Hope Overtown, which is the one that's had the consistent land issues, which is for 40 units. and Bethel Arms, which is for 12 units. So if you take out the -- Commissioner Teele: But in terns of construction, what has BAMC constructed? Ms. Warren: Twelve units, which is Bethel Arne Apartments. And the other one they have on the drawing board again is the New Hope Overtown. Commissioner Teele: Where is Bethel Arms Apartments? Mr. I•iepburi: It's right next to the church. 1 think the address is -- Commissioner Teele: OK. So that's not it construction. Mr. Hepburn: That's acquisition/rehab. Commissioner Teele: That's an acquisition. That's an acquisition of existing property. And it's a good acquisition and it's a good rehab. But aguin, we're talking about the commitment -- If you read the Herald very closely, the one thing they talk about is homeownership is up everywhere except in Ovcrtown. In every community -- Little Haiti, homeownership is going through the roof. In every -- and in Broward County, it's off the chart, especially among blacks. But homeownership in Ovcrtown is one of the one areas -- and the problem we've got is we've really got to figure out a way to get the houses built. So, you know, this is a warns -up for what you're going to hear it' you come to the CRA (Community Redevelopment Agency) hoard meeting, because there's going to be changes in the CRA if they don't get some houses built, because that's what Commissioner Winton's been telling them, and, you know, we've got to get houses built, too, at the CRA. So I think everybody in Overtown needs to really take a close look at how can we create homeowners, not -- you know, rental is fine, but we need homeowners. And we approved the New Hope Project. 1 did the groundbreaking, Lind I told Reverend White when l -- I said, I don't do groundbreakings, I like doing ribbon cuttings. I know one Mayor -- 1 won't call his name, because it -- it starts with an "F.- But he had -- how many groundbreakings did they have at the police station up in the north side? It was about three, wasn't it'? You know, so groundbreakings have been -- how many was it, Sam? You've been around. Four? Commissioner Winton: How many ribbon cuttings? Commissioner Teele: Only one ribbon cutting, but four 67oundbreakings. So groundbreakings have become a tradition in Miami. That's the way to fret the newspapers to cover it, et cetera, et cetera, et cetera. And New Hope has got to get built. I mean, that's the message that I'm trying to send. We've got to get New Hope built. And we want to support you, and we're. going to give you the money because the management is recommending it. But it's going to be tied to a performance plan that the management will put down. So I'm moving the Manager's 370 July 26, 2001 IIIIIiIiIiy • • recommendation to BAMS, subject to a performance plan and milestones being developed into the contract to assure that something will be built there in those, or the project has to he relinquished. I would so move. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and seconded. Let me Usk, Commissioner, is this the -- the one we're discussing that's right on 6`h Street and 4`h Avenue? Ms. Warren: Yes, sir. Vice Chairman Gort: 'c'hat's the same one. I had seen something taking place in there, and then they slopped. Ms. Warren: Site improvements. Commissioner Tcele: Site improvements. Fill -- landfill. Vice Chairman Gort: That's it. OK. All in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-797 A MOTION TO APPROVF. 27"" YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $82,762 FROM THE HOUSING CATEGORY TO BAMS ECONOMIC DEVELOPMENT CORPORATION, SUBJECT TO A PERFORMANCE PLAN, INCLUDING MILESTONES, BEING PROFFERED BY THE CITY MANAGER, REGARDING THE NEW HOPE PROJECT IN OVERTOWN ON 5TH STREET. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chainnan Wifredo Gort Commissioner Torras Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez Vice Chairman Gort: What's next? 371 July 26, 2001 Commissioner Toole: I would move the Greater Miami Neighborhoods, the Manager's recommendation of seventy-five thousand dollars ($75,000). Commissioner Winton: You just moved something? Commissioner Tcelc: Yes, sir. Commissioner Winton: Is that what you said'? Commissioner Tecle: Yes, sir. Vice Chairman Gort: Yeah, the Grcatcr Miami Neighborhoods. Commissioner 1'ecic: It's the second one on the list. Commissioner Winton: Second, second. Vice Chairman Gort: Moved and seconded. Commissioner'I'celc: It's the Manager's recommendation. Commissioner Winton: Second. Commissioner Tcelc: What is Greater Miami Neighborhoods being funded to do? Ms. Warren: I echnical assistance. Commissioner 'feele: Well, the one thing that I would ask that be considered is that I am very concerned, NIs. Warren. And, you know, the one thing that we've heard is the deafening silence of one issue. 'Phis Commission has not been advised, to my knowledge, in the Commission of anything relating to the Homeownership Repair Program. Since we read in the newspapers that the federal agent sci7.cd the records, we've not been apprised of one thing in the Commission. I mean, there was -- a memo was written. Somewhere, I saw somebody's memo. Was it from you to the Manager, or the Manager? Ms. Warren: It was the Manager. Commissioner 'I'eele: 'chat says that the records were seined. But we have an obligation for the continuation of that program. And the only Using that I would like to say is, I'm concerned about the Second Mortgage Program. Ms. Warren: Correct, Commissioner Teele: That's a whole now issue. And I think Greater !Miami Neighborhoods and other organizations; L1SC (Local Initiative Support Corporation) and many others should he 372 July 26, 2001 considered to run a competitive program with the staff on the management of the Second Mortgage Program. I am very uncomfortable with the Second Mortgage Program being exclusively within the Community Development Office. And there is no oversight of it, because don't check ourselves very well. There is no transparency in it. And I'm not going to move that, but I am strongly urging that at least the pilot program with the Second Mortgage Program be considered; that is that we have an outside agency -- and we can keep sonic of it inside -- to manage a Second Mortgage Program with us. 'There's a lot of potential for mischief, a lot of potential for mischief, when you're giving away forty thousand dollars ($40,000), or up to forty thousand dollars ($40,000), a lot of potential for the AT&T Family and Friends Program, a lot of potential for a lot of thinfs. But the most important thing is the developers need to have a long lead times, and we need to be able to select the people in a process that's open and transparent. And what I'm hearing more and more is that companies are not sure, or developers are not sure if the buyer has been approved or not. And so I'd like to have sonic hearings on that in October and November, on the whole Second Mortgage Program and where we're going; with that. Ms. Warren: Again, the Commission, at your July 10th meeting, we did do an update. We did provide you a letter describing the issues, and the concerns, and the reassessment. And we also indicated at that time that we would bring back a new -- recommendations on a total restructuring of the loan program in September. And the Manager will be forwarding those recommendations to the Commission. But we did indicate that, not only in writing, but at the July meeting. Comm issioner'Teele: Well, OK. 1 would -- we have a motion on Greater Miami Neighborhood. Did we pass it'? Walter Fooman (City Clerk): No. You had a movant and a seconder. Commissioner Winton: And a second. Vice Chairnian Gort: It's been moved and seconded. Is there any discussion, any further discussion? Commissioner Tecle: Call the question. Vice Chairman Gort: Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. 373 July 26, 2001 • 9 The following motion was introduced by Commissioner Tecic, who moved for its adoption: MOTION NO. 01-798 A MOTION TO APPROVE TI IE ADMINISTRATION'S RECOMMENDATION FOR 27""' YEAR COMMUNI'T'Y DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, ALLOCATING 575,000 TO GREATER MIAMI NEIGHBORHOODS FOR TECHNICAL ASSISTANCE TO BE FUNDED FROM THE HOUSING CATEGORY. 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 Arthur E. Teele, Jr. Commissioncr Johnny L. Winton NAYS: None ABSENT: Commissioner .loe Sanchez Commissioner Teele: 1 would move approval of the Manager's -- Vice Chairman Gort: You have to read them all, though. Commissioner Teele: Huh? Vice Chairman Gort: 1\o, no, go ahead. Commissioner Teele: I would move approval of the Manager's recommendation of Jubilee Community Development Corporation. I would so move the approval of the Manager's recommendation. Commissioner Winton: Second. Commissioncr Tcele: Of Jubilce and Little Haiti. Commissioner Winton: Second. Vice Chairnan Gort: Is there any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. 374 July 2h, 2001 • • The following motion was introduced by Commissioncr'feeie, who moved for its adoption: MOTION NO. 01-799 A MOTION TO APPROVE: THE ADMINISTRAT'ION'S RECOMMENDATION FOR 27131 YEAR CDBG FUNDS, ALLOCATING $107,238 TO JUBiLEE DEVELOPMENT CORPORATION TO BE FUNDED FROM THE HOUSING CATEGORY. 1Jpon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort C:ommissioncr Tomas Rebalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L Winton NAYS: None ABSENT: Commissioner Joe Sanchez Commissioner Tcele: Now, which gets us to the really biggest program that is all messed up, and that is the Home Repair Program. That program's been -- Vice Chairman Gort: Do we need to make a motion on this, or you have to read it all at the end'? Commissioner Teele: No, we're not through with this. Housing? Alejandro Vilarello (City Attorney): You've been making motions on tach item as you approve it. ultimately, those will all he incorporated in the -- Vice Chairman Gort: OK. You'll read it at the end. OK. Commissioner Tele: OK. The biggest problem that we have right now is the suspension of the Housing Improvement Program. And what we've got are a lot of people who are in between, a lot of people that are waiting for contractors to come hack. We all have it. I sent out a questionnaire. I've gotten back about 30 responses of people in the program, all having problems. And I'm going to try to bet that compiled and turn it over to you and the U.S. Attorney. But the fact of the matter is this: We've got a mess, and we need to deal with those people whose houses have not been -- whose houses have been partially repaired. So what I'm recommending -- and Pvc con(crred with the rnanagcment on this -- is that Tri -City Community Association, which has a long history, over 20 years of doing "Fixation," home repairs anti home improvement -- be considered by the Manager as an emergency or as a stand-in for those projects that you all feel have to he addressed. In other words, rather than having nobody doing it, we need somebody. But we're not going to fund them. We're just asking you to consider them, to utilize them as ,you deem appropriate with the funding that you already have available for that 375 July 26, 2001 $i41FAW program. And so I would move that Tri -City, which has at least a 20 -year history in doing this, particularly with Dade County, he made available by approval of this body for the management to use at their discretion for emergency repairs of existing people in that program that need to be worked out, as sort of a workout body, in addition to anybody else you want to use. Ms. Warren: Yes, sir. Vice Chairman Gort. Let tmc ask a question on this. And thes'e's a lot of the ]rouses that are started, but the -- Ms. Warren: When we put the moratorium oil the program, there were actually, of the 200 plus rehabs, there were 45 active contracts. For those, we have contractors, and we have gone to the City's bid list -- Public Works list, and we have entered into a contract with a contractor, an engineering company, to actually manage those 45. I think what the Commissioner is referring to is that we have some others out there that are calling in with sonic complaints, and we need somebody to do some work on them. Vice Chairman Gort: 1 understand. I understand. 1 want to add something else. though. Those 45 began with sonic contractors that did not fulfill their contract. What are we doing -- Mr.. Warren: In sonic cases, nit in all cases. Vice Chairman Gort: Beg your pardon,' Ms. Waren: in sone cases, not in all cases. Vice Chairnian Gort: Well, in sonic cases. Are we going after those contractors? Ms. Warren: What we're doing, again, to try to contain the conversation a little hit, what we're doing is we're having an engineering company go in and look at all of the estimates, the work that's been done, the write-up, and do a quality assurance check. If everything is in order, then the contractor that's working on It will proceed. Fit's not, then the engineering company would take over that project. They're also giving its recommendations on restructuring, and probably one of our major recommendations is going to be to privatize that portion of the program. But again, we're doing some quality assurance work, some revisiting everything, double-checking and certification. But again, we have some houses that were done, and there may not be some satisfaction, and Tri -City could assist its. Vice Chainnan Gort: Well, once again, pats of your lunch date with the Attorney's Office, please bring sonic of those things up, because we have to go after some of those people. Ms. Warren: Again, yes, sir. Commissioner Tecle: I would move that Tri -City be approved by this Commission and made available to the management for their discretion in using them in the workout and in the liaison with the various homeowners. I would so move. 376 July'26, 2001 Commissioner Winton: Second, Vice Chairman Gort: It's been moved and seconded. Is thein any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Tcele, who moved for its adoption: MOTION NO. 01-800 A MOTION DIRECTING THF. CITY MANAGER TO CONSIDER "IRI -CITY COMMUNITY ASSOCIATION AS A "STAND-IN" FOR VARIOUS PROJECTS BY HOMEOWNERS, SAID PROJECTS, WHICH ARE IN NEED OF EMERGENCY REPAIRS AS DEEMED APPROPRIATE BY THE MANAGER WITH FUNDING AVAILABLE FROM 27"" YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE HOUSING RhHABILITATION PROGRAM CATEGORY. Upon being seconded by Commissioncr Winton, the motion was passed and adopted by the t'ollowing vote: AYES: Vice Chainnan Wifredo tort Commissioner Tomas Regaludo Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez Commissioner Tecle: Mr. Chairman, I want to again say to the management, I really think that you all have improved the process. The use of the engineering firm in this way is something I strongly support. But this is the problem: On the City bid list, there are zero African-American engineering firms that have been approved. Now, that's the competitive process, and we all have to live by that. But I view that it's a little difficult when you have people sometimes that arc not Iamiliar with culture going into people's private bedrooms, in their bathrooms, and walking through. It's very helpful if you have some local community organizations that can sort of be teatned up with them, and work with them, and work through sonic of the cultural issues. And that's really what I'm trying to bet at. And -- but again, quality knows no race, and it knows no color, and doing it right is certainly the way to do it. And so the only other issue would be -- And would somebody calculate? I would calculate that's about sixty thousand dollars ($60,000) in a reserve or sixty? MS. Wallen: There's sixty-three thousand dollars ($63,000) remaining. 377 July 26, 2001 r MAW Commissioner Teele: Sixty-three? The only other issue that I would raise is Word of Life received a letter. Now, it's my understanding that they voluntarily came out of the housing program. Then 1 see that they applied for a hundred and fifty thousand dollars ($150,000). So I'nm a little confused as to whether or not they came out of the program voluntarily or they got shown the door for the program. But in either event, I think what Word of Life is doing right now; they've got two houses, I know, under construction. 1, unfortunately, went to those groundbreakings. Reverend Richard Dunn: In October, Commissioner Teele: And those houses will be completed. Now, I don't know anything about construction, so I don't know the quality and the issues that anybody may want to raise. But I would think, given the fact that they've been in the program for how many years? Three years? Reverend Dunn: Three years. Commissioner Teele: And they are completing two houses Ms. Warren: The minimum standard set by the Commission was five. Commissioner Tcele: OK. But i would hope that we could give them at least a closeout account, you know, seven to twelve thousand dollars ($12,000) to close out the account, and a letter of commendation for the two houses that they're completing. I'm concerned about giving them a letter, or a statement, when they supposedly voluntarily came out. See, I would -- if they had voluntarily come out and not made an application, I'd be saying we ought to give them a letter of commendation and thank. them. And maybe, you know, after all of us are not here, they could come back in again. But Reverend Dunn, I respect you, and I'm glad you're here, and I'm not -- I don't want to get accused like'fed Koppel accused somebody. "Would you like to say to your face what you just said behind your back." So I'm glad you're here. But do you agree that you all have done a job that you feel under difficult -- and you'd like to get at least a letter of non -- a letter of no prejudice, or a letter of "thank you" or something? Reverend Dunn: Absolutely, Coin nmissioner. And Commissioners, we were a bit baffled, because we were -- Comnmissioner Teelc: Your pante and address, Commissioner. Reverend Dunn: OK. My name is Richard Dunn. I live -- Commissioner Teele: Former City Commissioner. Reverend Dunn: Former City Commissioner. I reside at 1895 Northwest 57`x' Street, in Miami. We were baffled, because based upon our action steps, which we submitted in our proposal for the year 2001, we indicated, which is recorded in that letter, that we would complete two houses and acquire two additional properties. We have acquired four properties. And the homes will be 378 July 26, 2001 KHMA O complete by -- nn later than probably September, which is the time frame, which we indicated. And then when we looked at the letter the other day and saw that we were being -- according to the letter -- kicked out of the program for non-performance, we said that we could not allow our name and the defamation of the agency to go nut like that. We did volunteer to come out. But again, that was a matter of public record, and we didn't want that to follow us, in the event that two years down the road, three years down (lie road, we get stronger, and we're able -- then that record would have followed us for the rest of our lives. And we wanted to get that cleared up. Ms. Warren: Again, it was not our intention to embarrass you or (UNINTELLIGIBLE) your name, but Iasi year, you were told that you were on probation, and it was your last year. And also, what occurred, as well as whut happened with other agcrrcics, when you were placed on probation, the administration, along with the Commission, also approved additional monies so that you could make that transition. So like the other agencies that were placed on probation. they were given an increased funding in other areas to ensure they could go to an area of specialty. The other agencies (fiat were placed on -- that were in your same situation -- either did not apply for funds or was very understanding that that's what it -- lack ol'perfonttance meant no money. But again, we did not intend to offend. liut 1 think you're a revitalization agency now, and the funding was increased again to accommodate your new role in the community. And again, sir, there was no offense intended, but your probationary status has been known ibr over a year. Commissioner ,reele: All right. Let me tell you what i would like to do. We agreed that they're going to be -- no longer being funded for housing programs. Ms. Warren: Yes, sir. Commissioner Tecle: We do agree that they're going to complete two houses by the end of this year. Would there be any objection to us providing them with somewhere Iike twelve thousand dollars (S12.000) to close out the files, their housing files, et cetera, and would you all review and report back to the Commission within, say 90 days whether or not you all can negotiate a better letter or it different letter, or then refer to us as an appeal from them. Ms. Warren: We would be more than happy to do -- to not only send them a letter commending them for their efforts, but also -- Commissioner Teele: But don't do that till they finish the houses. Don't do that till the people get the -- Ms. Warren: OK. See you in a couple years. Commissioner Teele: Wait till we get to the ribbon cutting. Ms. Warren: All right. All right. So they get to keep that letter until the houses are done? Vice Chairman Gort: When we cut the ribbon. 379 July 26, 2001 �ui��acras— Commissioner Teele: Don't make me change sides up hero, Commissioner Winton: So is there a motion there, Commissioner Teele, twelve thousand dollars (S 12,000)? Commissioner Tccic: Yeah. 1 would move that the Word of Life be awarded a twelve thousand dollar ($12,000) closeout account under the Manager's supervision, upon the completion of the two houses, and that the management review the files and issue the appropriate letters and statements that reflect a fair perspective, given the difficulties of developing in the inner City. I would so move. Commissioner Winton: Second the motion. Vice Chairman Gort: There's a motion and a second. Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 0 1 -80 1 A MOTION TO AMEND THE ADMINISTRAT'ION'S RECOMMHNDATIONS FOR 27 T11 YEAR COMMUNITY DEVELOPVIF:NT BLOCK GRANT ("CDBG") FUNDS FOR I IOUSING ADMTNTSTRATION BY PROVIDING AN AMOUNTNOT TO EXCEED $12,000 TO WORD OF LIFE COMMUNITY DEVELOPMENT CORPORATION TO CLOSE, OUT THIS YEAR'S PROGRAM, ENDER 'THE MANAGER'S SUPERVISION UPON THE COMPLETION OF TWO HOUSES CURRENTLY UNDER CONS'T'RUCTION, FURTHER DIRECTING THE MANAGER TO REVIEW SAID FILE AND PREPARE A LETTER OF COMMENDATION TO WORD OF LIFE COMMUNITY DEVLLOPMFNT CORPORATION, AFTER SAID TWO HOUSES ARE COMPLETED, IN ACKNOWLEDGEMENT OF THE DIFFICULTY OF DEVELOPMENT IN THE INNER-CITY. 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 Arthur E. Teele, Jr. Commissioner Johnny 1,. Winton NAYS: None ABSENT: Commissioner Joe Sanchez 380 July 26, 2001 1i411SAW Commissioner Toole: That leaves a balance of what? Commissioner Winton: Fifty-one? Ms. Warren: Fifty-one, that's correct. Vice Chairman Gort: Fifty-one. Commissioner Teele: 1 would move that the fifty-onc thousand dollars ($51,000) he placed in a housing reserve, and that the management and any Commissioner he available to access those funds through the federal processes. Commissioner Winton: Well, 1 think that you're looking at some other things here for a little while. Ms. Warren: You didn't do a set-aside for St. John. Commissioner Winton: And maybe that filly thousand gets reserved until you make some other kind of decisions here. So. Commissioner Tecle: Yes, sir. Ms. Warren: Yeah. Again, you did make a suggestion that we meet with St. John. then come back Commissioner Teele: With St. John. Commissioner Winton: Right. Commissioner Teele: Exactly. Commissioner Winton: So that's where 1'd kind of, you know, set that aside for that decision. Commissioner Toole: Yeah. So the fitly thousand is a reserve with St. John being available to he considered for it, based upon the management review. Commissioner Winton: Right. Commissioner Teele: No, no, no commitment, but it's a reserve. Nobody can get the money until their issue has been resolved. Commissioner Winton: Right, correct, right. Vice Chairman Gori: OK. n�� 381 July 26, 21101 • • Ms. Warren: And we will come back to the City Commission for that appropriation. Commissioner Teele: Yeah, with a public hearing process, yeah. Ms. Warren: Yes, sir. Vice Chairman Gort: OK. Thank you. Commissioner Teele: I would move the approval of the entire housing account as recommended. Commissioner Winton: Second. Vice Chairman Gort: It's an ordinance. You have to read it. Mr. Russ: Mr. Vice Chairman -- Commissioner Teele: leo, this is just the resolution on this. Ms. Warren: We still have historic preservation. Commissioner Teele: You still got two others. Ms. Warren: The social services section which had the thirty-one thousand dollars ($31,000), during a public hearing process earlier today -- Vice Chairman Gort: Right. Ms. Warren: -- the Commission approved that for De Hostos. Vice Chairman Gort: Right. Ms. Warren: The remaining issue is historic preservation. There is a fund balance of -- Vice Chairman Gort: OK. Let me vote on this motion that was just passed. I mean, all in favor state it by saying "aye." The Commission (Collectively): Aye. Vice Chairman Gort: Yes, sir. Mr. Russ: Yes. Mr. Chairperson, my name is Denis Russ. I believe this item -- this whole area was advertised for public hearing. And 1 am here pursuant to that advertisement, pursuant to the notice of public hearing with respect to this, just to speak very, very briefly about the application that LISC submitted for technical assistance in the housing area. And 1 really just have two comments and several sheets of paper, but I want you to have an opportunity later to take a look at those sheets of paper. 382 July 26, 2001 KHATAHM E • Commissioner Teele: I apologize. I thought you were here with St. John. I saw you here. I apologize, sir. Mr. Russ: We began to develop the program that we currently have developed with respect to housing over the course of the last 18 months. Of course, our work in this community has gone on for sonic 15 years. And we ha%a three program activities: A very substantial Overtown program in which we are working with four CDC's (Community Development Corporations); a neighborhood revitalization program, in which we are working substantially with East Little Havana, Little Haiti, Miami -Dade NITS and other groups, but those arc particularly the City of ,Miami. And then the development of perforniance-based support system that seeks to identify a group of CI)C's and provide assistance in core competencies. 'Those three areas are available to CDC's in the City of Miami and in Dade County. It's a pool of technical assistance, and project funding, and operating support. The next pages detail the substantial resources that we have been able to bring to this work, particularly in those CDC's that operate within the City of Miami. And over the course of approximately the last ten years, it's sone eleven million dollars ($11,000,000) in grants and project support. I shared with you previously and I share with you again that our sources of funding, our sources of finding need to have a partnership relationship with local jurisdictions in order to demonstrate the connection between the local jurisdictions and our own organization. Our stream of putting funds in requires that. And so 1'nt seeking an allocation of funds in sonic partnering relationship with the City. We are providing construction financing for East Little Havana's Latin Quarter Project. We arc working with BAMS, St. Jolut, the Black Archives and Overtown, we're working with Little Haiti. And I bring this to your attention in order during the course of this hearing and this year's action for you to address it, or sometime soon, subsequently. It is a real need that we have, and we're seeking to bring this to your attention in order for you to address it. Thanks so much. Vice Chairman Gort: Thank you, Denis. Commissioner Teele: May 1 just say one thing'? Because 1 want to put this on the record. And it's not the dominant African-American view, but it's my strong view. L'•verything on here is not-for-profit. if LISC really wants to help the black community, you all need to help us build entrepreneurs, as well. The biggest problem with the black community is the lack of individual entrepreneurs, unlike in the Cuban community, unlike in the dominant *uiglo community. When we have an Optimist Club, we have nobody. We have too few companies that can afford to buy uniforms. And it goes on, and on, and on. i almost think at sonic point that the proliferation of CDC's is almost a conspiracy. And when I look at a process like this, and nowhere in the process, in every conununity, in every community that you've listed, even Little Haiti -- which I think the i laitians are going to throw y'all out, its out and everybody else out, because they came to this country with an entrepreneurial instinct, and they're going to he businesspeople, no matter what governmental policies and programs we put out there to "dis-incentivize" entrepreneurs. Every time the City puts out on the street a piece of property -- and i'll tell you, the piece of property that we changed the zoning un today on 7"' Avenue and 60"' Street, if we're not careful, it'll be a set-aside for a CDC, which means that that land will be taken out of the commercial hands of the black and African-American community for a hundred years. And with all due respect to churches, churches are the only thing that we have in the black community as a strong 383 4myrcry. July 26, 2001 source of moral and a lighthouse, morality. But churches have no business owning land beyond what is necessary for them to carry out their ministries, et cetera. We need to get land in the hands of' entrepreneurs, and land that is taxable, land where people have risks, land where my daughter can marry your son, and there is something that can be willed and granted. Every time we give land to a CDC, we take it out of the commercial intercourse, in exchange that is a part of the American fiber. And 1 just would ask LISC to be very careful, as long as I'm a Commissioner, because i don't agree with the philosophy. I think the black community, just like the white community, like the Cuhan community needs entrepreneurs. America is built and run by entrepreneurs. And for some reason, there is this very dominant view that when you get to the black community, you got to go CDC. We need to help create businessmen and women. And, I mean, we need a strategy, and I think CDC"s need to be a pall of that strategy. But I'll say this: If you can put a hid out on the street and entrepreneurs can bid on it in the marketplace, we need to question whether or not we want to do it as a CDC deal. And what is happening, my friend is that CDC's crowd out entrepreneurs, black and white, in the black community. So we really need to look at this very -- I know Jack Gordon, who is really one of the founders of the CDC process, alter the riots in the early '80s, late '70s, and he's a great man, and lie did a great thing. But I think we've gone too far in the other direction. We need to have some balance. And everything -- you've listed eight organisations or so in the black community, but there is no ability -- If LISC was saying, "We're going to have a training program for entrepreneurs, we're going to have technical assistance," I'd he up here trying to scramble to fret you as much money as you could, because that's what this community needs. This community needs people like LiSC. to say, "We're going to help make millionaires in the black community, and in the Haitian community, and in the Puerto Rican and the Nicaraguan communities." The Cuban community is a model all over the world of what can be done. And so 1, 1 nican, i want to be for you, but think you've got to change a little bit of the mix far me to get really excited. Mr. Russ: \Veil, let's identify some room for movement and possible ancrttioti to the areas that you have spoken of. I come front an experience on Miami Beach, and you know it very well, where work of the CDC was coupled as well with work of the private entrepreneur, private developers. And the CDC was engaged positively in partnership initiatives with private sector folks. t also come from an experience in it community where over in Miami Beach, long ago, a group of folks carte together and created a hospital and that non-profit hospital is now the biggest employer in the City. You know, there is room-- and I know you have not indicated that there is not room. I know we both agree that there is room for it non-profit sector and strong community institutions, institutions that can feed economically, and spiritually and socially the community. And I think that we can look for an opportunity for coalescing these. And I cettainly would be interested in that conversation. I just -- Commissioner Teele: If you would propose a pilot program f'or the Model City Homeownership Zone, I would go before the Board of Trustees of Model City Tnist and try to get you funded, if it were technical assistance to entrepreneurs. Mr. Russ: Well, I would certainly be willing to look at anything you suggested that i look at, Commissioner Teele. Vice Chairman Gort: Well, you have the suggestions. Thank you. 384 July 26, 2001 E The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01 -802 A MOTION TO APPROVE THE ADMINISTRATION'S RECOMMENDATIONS FOR 27'x{ YEAR COMMUNITY DEVELOPMENT i3LOCK GRANT ("C:DBG") FUNDS FOR HOUSING ADMINISTRATION; FURTHER PI.ACING THE: BALANCE. OF $51,000 IN RESERVE. FOR TIIE HOUSING CATEGORY TO BE: ACCESSIBLE TO THE CiTY MANAGER AND ANY COMMISSIONER CONSISTENT WiTH USHUD REGULATIONS; FURTHER STIPULATING THAT ST. JOHN COMMUNITY DEVELOPMENT CORPORATION MAY BE CONSIDERED FOR SAID FUNDS, BASED UPON REVIEW BY THE MANAGER. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regaludo Commissioner Arthur I:. Tecle, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez Ms. Warren: Commissioners. Vice Chairnian Gort: Yes, you have historical. Go ahead. Ms. Warren: Historic preservation. There's a current balance of two hundred and one thousand, five hundred dollars ($201,500). At the last Commission meeting on July 10"i, the Commission directed that staff review the proposals, the remaining proposals, and make recommendations based on our review. There are three -- sorry -- there are three organizations that met the minimum criteria of the RFI'. 'That's the Spring Gardens Civic Association, which requested sixty-three thousand dollars ($63,000) for the Seybold Canal House, which is a project that You're cuiTently funding. And they were looking for forty-five thousand dollars ($45,000) for decorative papers and some additional support for bookkeeping and management 11or their historic preservation project. Again, there is another organization, which is Miami Beach Community Development, which was looking to put together a historic preservation plan, which you've already funded the City Planning Department to do. And then there's the Flaglcr First Condominium Project, which, again, you took up at an earlier time today. The other six applications were homeowners. The homeowners basically have applied for assistance for hoth internal and external support of their houses. Staffs recommendation at this time would be that you consider funding the Civic Garden Project, because it meets all the criteria, and that the 385 July 26, 2001 individual homeowners who have applied, their applications and their houses for historic status be reviewed by the Planning Department under their new program. Vice Chairman Gort: So the only one you recommend is the civic -- Commissioner Winton: Spring Gardens. Ms. Warren: The others, we're not sure that they meet the criteria, and that would have to be established through -- Commissioner Teele: And you know what the problem is? Ms. Warren: -- through a process. Commissioner T'eele: OK. 1 just want to remember. This money was literally removed from District 5 on the police station, because of the capital issues and the inability to expend it. We just approved the Flagler First Condominium today from another account. And again, 1 said today, and I'll say it again. I think we should pass a resolution tonight instructing you all to look at a 108 for historic preservation, and to come back to us in 90 days for the downtown, focused in the downtown area and throughout the City. But at least 50 percent of the money would come from the downtown arca. And I would so move that the CD (Community Development) staff be instructed to report back within 90 days for a 108 process in which 50 percent of the funds would be expended in the downtown area and So percent in the balance of Citywide toward a significant historical preservation commitment. I would so move. Commissioner Winton: Second. Vice Chairman Gort: Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Colluctively): Aye. The following motion was introduced by Commissioner T'eele, who moved for its adoption: '.MOTION NO. 01-803 A MOTION INSTRUCTING THE CITY MANAGER 'TO SUBMIT AN APPLICATION FOR SECTION 108 FUNDS FOR HISTORIC PRESERVATION; FURTHER DIRECTING THE. MANAGER TO REPORT BACK TO THE CITY COMMISSION WIT'IiIN 90 DAYS WITH A PROCESS WHICH WOULD DESIGNATE FIFTY PERCENT (50%) OF THE ANTICIPATED F1 -TIDING TO THE DOWNTOWN AREA AND ALLOCATE THE REMAINING FIFTY PERCENT (50%) OF SAID FUNDS CITYWIDE. FOR SIGNIFICANT IIISTORICAL PRESERVATION COMMITMENT. 386 July 26, 2001 6i4=5— • 0 Upon being seconded by Commissioncr Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gott Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner .foe Sanchez Commissioner Teele: 1 would move the Manager's recommendation regarding -- was it sixty- three or forty-five? Ms. Warren: Sixty-three thousand. Commissioner Tccic: Regarding sixty-three thousand dollars ($63,000) for the homeowners association. Commissioner Winton: Of the two hundred? Ms. Warren: Of the available two hundred and one thousand, five hundred. Commissioner Winton: Now, Commissioner Teele, I remember the conversation differently. I remember suggesting at the last meeting on the historic preservation dollars that we not allocate it. It did come out of that pool for the -- Commissioncr Teele: Police station. Commissioner Winton: -- for the police station. And it seemed to me that I recommended that we figure out some way to, if we have those kind of excess dollars that we put them in some sort of reserve, so that we can begin to huild a reserve that can actually do something about historic preservation. Commissioncr Teele: And that's what the 108 would be, sec. Commissioncr Winton: OK, got it. Commissioner Teele: So, I mean, 1 agree. Commissioner Winton: Right, right, right. Commissioner Teele: But what we did is, we removed -- we put the balance, which is two hundred thousand, in this reserve, which is what we're working from now. And so -- 387 July 26, 2001 • Commissioner Winton: Got it. Right, right, right, I agree then. Commissioner Tecle: 'this is a public hearing, and 1 think there are people who finally have got an opportunity to be heard. Ms. Warren: Can I just clarify the final staff recommendation before we go to the public hearing, please? And the final recommendation is that the six homeowners that applied, that the balance of the funds of the two hundred thousand be set aside, subject to sonic kind of certification from your Planning Department that they're historic in nature, and that those projects be funded from that tool, the individual honicowners who have applied. Commissioner Winton: The individual homeowners that are listed on here. Ms. Warren: Yes. See, we don't have any way of certifying their eligibility. And file Planning Departmcrit, now that you've funded them, would be able to do that. And then we would he able to make recommendations from this remaining pool of funds for the six applicants. Commissioner Teele: Is the Planning! Director here? Ms. Warren: We're all here. Yeah, I'm sure she is. Commissioner Teele: This would he a good tinic, ma'am, l think for -- Vice Chairman Gorr. Let's hear from the public. Maria Momo: Right. OK. My name is Maria Morno. My address is 70 Northeast 46`' Street. stay in the Design District. I'm one of the homeowners that stays around there. Commissioner Tecle: What's the address where you live, mu'arn? Ms. Monro: 70 ;Northeast 46'h Street, in the Design District. Commissioner Tccic: OK. You don't live in the Design District. You live in Buena Vista. Ms. Morno: Yeah, Buena Vista. Commissioner `I'eele: Yeah. The Design District, you're not eligible if you're there. That stops at 41" Street. And Buena Vista is from 42`1 or 41" going up north to about 50 something or SO'. Jerome Norton: 48th Street. Commissioner Tec:le: 48'h. OK. Ms. Morno: OK, 48"' Street. Buena -- 388 July 26, 2001 a�� Commissioner Teele: OK. So he sure, because, see, that's the issue that she's saying, that they don't know if you're eligible or not. If you live in the Design District, you're probably not eligible. And sec, part -- Mr. Morton: No. we live in Buena Vista. Ms. Murno: No, we're in Buena Vista. I'm sorry. Buena Vista. Commissioner Tccle: Yeah. But sec, part of what's happening is the Design District is trying to rename or re -brand that whole area, sec. And so everybody is buying into that. And you are in a City -designated historic district, there's no question about that, based upon your address. Ms. Morro: Yes. Commissioncr Tecle: Would you make your request, please. Commissioner Winton: And what's your name again'! Ms. Momo: Maria Morno. Commissioner Winton: How do you spell your last name? Ms. Morno: M -O -R -N -O. Commissioner Winton: OK. Thanks. Conunissioner Tccic: She's the one, two, three, fourth name. Go right ahead, ma'am. Ms. Morro: OK. Go ahead. Mr. Norton: OK. We applied -- Commissioner Teele: Your name, sir? Vice Chairman Gort: Name and address. Mr. Norton: Jerome Norton. Commissioner '!'cele: Got to put it into the record. And your address? Mr. Norton: 70 Northeast 46'h Street. Well, we went to the board -- I mean the meeting that you had at Edison Senior High -- at the middle school, Commissioner Tecle: Right. Mr. Norton: And you requested us to fill out forms and so forth to request for the money. 389 July 26, 2001 0 • Commissioner Teele: 'That was the District S federally mandated Community Development Town Hall Meeting. Go right ahead. Vice Chairman Gort: Would you bring the mike up, please, sir? Mr. Norton: Right. We complied. 1 mean, we put the application in before the deadline. We stayed in direct contact with Mr. Hepburn, and also Ms. Rodriguez. And she told us to come over tonight to at ]cast put in our word and try to fight for, you know, getting funded for our historical home. Vice Chainnan Gori: Right. So you are -- my understanding is you are the first applicant. And what's going to take place right now, the Planning Department has been instructed to look at your application, and if you do qualify, they'll come back to recommend the funding. Is that my understanding? Arta Gelabert-Sanchcz (Director, Planning & Zoning): That is. Yes, it is. Vice Chairman Gort: Now, 1 think Commissioner Teele is probably going to heave some questions to the Planning Department. How long is this process going to take? Commissioner Teele: And is the process going to put the duty on the homeowner or is the Planning Department Historic Division going to take and accept the responsibility for typing paperwork out turd making all of the compliances, as any technical assistant organization would do? Because in the past, your office has told people, we don't make out applications. We review them and we either approve them or -- 1 mean, we forward them. We don't even approve them or disapprove them. And what we're looking for in funding is not more, you know, Ph.D.'s to tell people what to do. What we need are some -- Commissioner Winton: Consumer friendly. Commissioner Teele: -- some consumer friendly interns who want to help people fill out fomes. 1 mean, we may not need anybody with Ph.D.'s. What we really need are people who know how to fill out the forms, and do it right, and don't get us in any trouble, because we want to help the people. But these people are working. They got more to -- you know. Ms. Gelabert-Sanchcz: The Planning Department will assist them. Commissioner Winton: Thank you. Vice Chairman Gort: You got your answer. Ms. Gclabert-Sanchcz: We assume the responsibility of assisting them. Vice Chairman Gori: How long'? Ilow long do you think it would take? 390 July 26, 2001 d�IlyltL�' • • Ms. Gelabert-Sancliez: Sixty days or so. I would like to go hack and -- Commissioner Tcele: Then I would move that the Planning Department -- that the Manager be -- that the Manager is requested, with the Planning Department and Community Development to evaluate the homeowner applications that were timely submitted, and to provide the necessary technical assistance and evaluation. Commissioner Winton: On a timely basis. Commissioner Tccle: And to return to this Commission within 45 days -- 60 days -- Commissioner Winton: Forty-five, if possible. Commissioncr Tccle: Starting; with the Marie Moreno (sic) application as the first application. Vice Chainnan Gort: There's a motion. Commissioner Winton: Second. Ms. Warren: Absolutely. They*re right here. Vice Chairman Gort: There's a motion and a second. Is there any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-804 A MOTION APPROVING THE CITY MANAGER'S RECOMMENDATION FOR 27TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE HISTORIC PRESERVATION CATEGORY, FURTHER INSTRUCTING; THE CITY MANAGER TO DIRECT THE PLANNING DEPARTMENT AND THE COMMUNITY DEVELOPMENT DEPARTMENT TO EVALUATE HOMPOWNERS APPLICATIONS WHICH WERE TIMELY SUBMITTED AND TO ALSO PROVIDE THE NECESSARY TECHNICAL ASSISTANCE AND TO RETURN TO THE CITY COMMISSION WITHIN 60 DAYS, PRIORITIZING THE MARIE MORNO APPLICATION AS FIRST APPLICATION TO BE CONSIDERED. 391 July 26, 2001 zmr��c E • Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYHS: Vice Chairman Wifredo Gort Commissioner Tomas Rcgalado Commissioner Arthur E. Teelc, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez Mr. Norton: Thanks a lot. Ms. Morno: Thank you. Commissioner Teele: And also, we need for you all to come back with recommendations before that time by doing public notice and bringing it, if you're ready before then, for anyone of them. Ms. Warren: Yes, sir. Vice Chairman Gort: What's the young man's name? Ms. Morno: Marquise. Commissioner Teele: We should put his name and address, put his name on the record. Just give him a mike and let him at least say his name and what school he goes to. There's a hand hold. Marquise Momo: My name is Marquise. Commissioner Tcele: Where do you go -- How old are you? Mr. Monro: Five, Commissioner Teele: You've been a great young man. Vice Chairman Gort: Thank you. OK. Do 1 have a motion? Commissioner Teele: I would move the balance of the -- 1 would move the historic preservation recommendations as a package. Commissioner Winton: Second Vice Cliairnan Gort: It's been moved and seconded. Any further discussion? Being none, all in favor state it by saying "aye." 392 July 26, 2001 • The Commission (Collectively): Aye. The following motion was introduced by Commissioner Tecle. who moved for its adoption: MOTION NO. 01-805 A MOTION APPROVING THE CITY MANAGER'S RECOMMENDATION FOR 27r" YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDIJG") FUNDS IN THE HISTORIC PRESERVATION CATEGORY. Upon being seconded by Comrnissioncr Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele. Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez Vice Chairman Gort: Now I need a motion on -- Commissioner Tcele: I would move Item Number 9 and ask that it be -- It's an ordinance, right? Vice Chairman Gort: Yes. Commissioner Teele: And ask that the ordinance be read into the record. Commissioner Winton: Second. Vice Chairman Gort: Read it. ,N, ote for the Record: The City Attorney read the ordinance into the public record by title only.) Vice Chairman Gort: Roll call. -raves. 393 July 2b, 2001 An Ordinance entitled AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ALLOCATING $753,221 OF 27""' YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO APPROVED AGENCIES IN THE PUBLIC SERVICES, HOUSING ADMINISTRATION AND HISTORIC PRESERVATION CATEGORIES: AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS WITH Al'PROV} D AGENCIES, IN A FORM ACCF.PTABI,F. TO THE CITY ATTORNEY, CONTAINING A REPEAI.ER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner'reele, 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 Arthur E. Tcele, Jr. Commissioncr Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez Whereupon, the Commission, on motion of Commissioner Teele, and seconded by Commissioner Winton, adopted said ordinance by the following vote: AYES: Vice Chainnan Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur F. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12100. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 394 July 26, 2001 iIHi=L. • 81:" 1DIRECT MANAGER TO .IMMEDIATELY WI'1'IATE: STEPSNEQ4,S9ARX TO:: CHANGE ZONINO FOR APA LOCATED WI'T'HIN 1 STRIC ' S. VAST QFl�j�i0t T iVW %T7 _4 N i1kJ8,.: E6ST OFNORTHWEST 20� -AVENUE, NORTH.O NORMTl ' AND QUTH OF ;.NORTHWEST 2QTti STREET`GE ►LI:XU. AS, "HIG AND` PARK" FROM "R-4 MULTIFAMILY HIGH -DENS Y RES.IDT�l�.", O "R-1 SINGLE FAMILY RESIDENTIAL." - Commissioner Teele: I have two related motions that are not related to the ordinance, but related motions. I have a motion to the Manager, specifically. Resolution of the City Commission directing the City Manager to immediately initiate the steps necessary to effectuate a change in the zoning for the Highland Park area fi-otn R-4, multifamily high-density residential to R-1, single -fancily residential. I would so move. Commissioner Regalado: Second. Commissioner Winton: Second. Highland Park, where? Oh, i know. Commissioner Teele: Now, Highlund Park is the -- Commissioner Winton: OK, now i know. Right. Commissioner Teele: -- area near Jackson, near Overtown, near Spring Garden. And this is a request froth Habitat. And this doesn't do anything but just start the wheels in motion from the Planning Department to look at how we can downrone that arca, which clearly is a historic area and is something -- Commissioner Winton: And totally inappropriate for high-rises. Commissioner Tccic: Yes. 'there are some unique reasons, maybe, because of the proximity to the Culmer Station, but I think the historic nature has to be carefully considered in this process. Anybody to call the question'? Commissioner Winton: Call the question. Commissioner Teele: All those in favor? The Commission (Collectively): Aye. Commissioner Teele: All opposed? i can't do this. Commissioner -- Commissioner Winton: OK. We have a motion and a second, although 1 seconded it. We have a motion and a second. Discussion. OK. We have a motion and a second. Any further discussion on the item? Being none, all in favor "aye." The Commission (Collectively): Aye. 395 July 26, 2001 0 r Commissioner Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 01-806 A RESOLU'T'ION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMMEDIATELY INITIATE THE STEPS NECESSARY TO CHANGE THE ZONING FOR THE AREA LOCATED WITHIN DISTRICT 5, WEST OF NORTHWEST 7"' AVENUE, EAST OF NORTHWEST 26"" AVENUE, NORTH OF NORTHWEST 10"" STREET AND SOUTH OF NORTHWEST 20"' STREET, GENERALLY KNOWN AS "HIGHLAND PARK" FROM "R4 MULTIFAMILY HIGH-DENSITY RESIDENTIAL" TO "R-1 SINGLE FAMILY RESIDENTIAL..." (Here follows body of resolution, omitted here and on file in the Office of the City Clork.) Upon being seconded by Commissioner Rebalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Rcgalado NAYS: ABSENT: Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton None Commissioner Joe Sanchez Vico Chairman Wifredo Gort 396 July 26, 2001 • • 82;,1NSsTRUCT IvtA G.FP� TO DEVELOP. PLAN „TO JiNSUR.E - CONTMUAT-jO1j MQ!DP*l PARK COMPUTER PROGRAM UTA.IZI?VQ`SUkPLUS,FLINDS: -' Commissioner Tcele: The second and final item relates to public service. Are there any public service leftover dollars that havc not been used from previous years? Or is there any way that there can be public service dollars made available? Gwendolyn Warren (Director, Community Development): No, sir. Commissioner I cele: All right. I would ask the Budget Director or the Parks Director, based upon the year-end, will Parks Department have any operating -- Madam Budget Director, will the Parks Department have any surplus funds? Linda Haskins (Director, Management & Budget): There may be some surplus funds in a Parks special revenue fund. Commissioner 'recle: All right. 1 would move that the Manager he instructed to develop a plan to ensure the completion of the Moore Park Computer Program from any surplus lirnds that he deems appropriate -- that the Manager deems appropriate to complete the computer program and the project that has been going on at Moore Park, with a view toward ensuring that the children are not penalized for the activities, and that those litnds would be made a%ailabic from the Parks Department budget or any other general fund account that the Manager may -- subject to the anti- deficiency -- make available for the purpose of completing the Moore Park Program that's under the auspices of FOCAL (Foundation of Community Assistance and Leadership). I would so move. Commissioner Winton: We have a motion on the floor. Commissioner Regalado: Second. Commissioner Winton: We have a motion and a second. And is there a dollar amount, Commissioner Teele, that you want to acid in that motion'? Is there a rough -- Commissioner Tecle: Well, there are dollar amounts, but the Manager is going to have to figure out what he's comfortable with, if any of it, and that will give him the authority to try to work through this outside of the CD (Community Development) process. So it'll be done with the Parks Department, and the Budget Director, and with FOCAL, if anything is going to be done. Commissioner Winton: We have a motion and a second on the floor. Do you have a comment, sir, on this motion? David Chiverton: Just one. David C.hiverton, Chief Executive Officer of FOCAL, 765 Northwest 36'x' Street. Just wanted to thank the Commissioner and the Manager for considering that, because the program at Moore Park has greatly increased just for the summer. It's servicing an average of about 85 students a day, which it started it year ago in February with 38 children. There's 173 participants currently enrolled. So it's a very successful program. We're working 397 July 20, 2001 • • on correcting some issues through CDBG (Community Development 131ock Grant). We believe that we'll he able to accomplish those things, and still ask that you consider us for maybe reprogram, or recaptured dollars once those become available. But thanks Ibr not damaging the program. Appreciate that. Commissioner Winton: Could I ask you a question? Mr. Chivcrton: Yes. sir. Commissioner Winton: Do you have a mechanism to measure performance of the students that you're training in these programs, so that you know whether there's something accomplished at the end of the day or not? Mr. Chivcrton: Yes, sir. We do have a plan in place. We'll be glad to bring it by your office and give a copy of it, so you'll know. Commissioner Winton: Great. And by the way, and I'm asking all kinds of agencies -- you'd be amazed at the number of social service agencies that come into our offrecs, all looking for money. And I began to ask them how they know -- how they know. You know, I had an agency that has received many, many national awards for their performance. And they were talking about all of the children that they've touched. And I asked them, well, you touched them, but how do you know you made any difference'? They had no clue. They've won many national awards. They get money fi•om the Fcds. They get money from the State, and looking for money from us. And 1 said, it just amazes me that government just doles this money out, because you get this bandwagon going, talking about how people are good, and they had no -- absolutely no method to measure whether or not anything they were doing had any impact, one way or another, on those kids that were coming through the program. And i had this bib debate with them. So I -- but I just -- I'm starting to talk to all these social service agencies about 1 want to sec performance standards, just like we are in housing. I want to see, it' we're putting money out, hopefully, at the end of the day, there's something better that these kids are being able to do, and we've got to measure it. So that's the reason I asked. Thank you. Commissioner Teele: Conunissioncr, I have a pocket item tonight that establishes a community- based organization `Technolog,y Advisory Committee that will require; that everybody doing anything with technology will have to go through that. And it will be chaired by the Manager's Chief of Technology, because I've got the sante concern. I mean, 1 really do. And it relates not only to CD, but it relates to Clic police grant programs and several other programs. And we really need to make sure that we're funding proper technology approaches. Conlin issioiler Winton: You bet. We have a motion and a second. Any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Commissioner Winton: Like sign, opposed. The motion carries. 398 July 26, 2001 The following motion was introduced by Commissioner Toole, who moved for its adoption: MOTION NO. 01-807 A MOTION INSTRUCTING THE CITY MANAGER TO DEVELAP A PLAN TO ENSURE THE CONTINUATION OF THE MOORE PARK COMPUTER PROGRAM UTILIZING ANY SURPLUS FUNDS, AS DEEMED APPROPRIATE BY THE MANAGER, SUBJECT 'TO THE ANTI- DEFICIENCY ORDINANCE. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by: the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teck. Jr.� Commissioner Johnny 1... Winton L 4, None r Commissioner .lose Sanchez zY' Vice Chairman Wifrcdo Dort' aF dt 4 r M1 � ♦ '�`�i.0 hr7� b. a a' #c. P .�. t � 's 4' �`7 `? �" F� a �� ar isay ba £ gm $s3 n z 3 y a. ri .r k k t k�00`7' 'r <rt' r M ���.,, t r�,'",, ""x �h �` � �(�`n y.'<i�+r� ��t B'F �"��,�tY��`ji �' Y.r�y Nfy.�...°`" "�✓rt�:w�r {, r ;c��'�fi`�r ,e,�.. tt �r t r t• : k �' 'XX :"nY� �tv i �: f �•�t x t x .{. e � '*� .S �i ' � :. t ,k� � � r• '.& ' r.4an', 5'}ksx'; a tN g ii a r;w .MR' at xd 5 + r�`�.pxlr M k �« .✓'C`xa sk�r 15�X�'�.*���i�'�§ �'s3�.�r4 ,�x '� ' z` [' aS�+ r erxd Sh�"'a `-E,r,�,r r�� Y a � �'`�WX a � 3 ,3 z r 399 July 26, 2001 APPROVE MANAGER'S MODEL RECOMMENDATION FOR PROPO ED FY. '02,�BUDGET, KEEPING PREVIOUSLY APPROVED,1NPREASE IN SOLID WASTE; FEE AT $20 AND INCREASING THE FIRE FEE BY $9;"1NS:TITUTE 3a/o fiXPENDITUR� SAVINGS; MAINTAIN, MILLAGE AT 'S.995.-MILDS; PROVIDE FOR ` ADEQUXT- W BU -6tT SURPLUSES TO ADDRESS CONTING)3NCIBS. W' (B) DIRECT CITY ATTORNEY TO DRAFT LEGISLATION CALLING FOR: 'SPECIAL REFERENDUM ELECTION FOR APPROVAL OF PARKING :SURCHARGE; BRINGBACK SAID LEGISLATION FOR COMMISSION CONSIDERATION AT SPECIAL. COMMISSION MEETING. Commissioner Winton: Next. Where arc wc? Where is our Chainnan? Commissioner Regalado: I have pocket items. Commissioner Tccle: Item 33, 1 think. Commissioner Winton: Sure, Commissioner Tcele: 'Thirty-two. Alejandro Vilarello (City Attorney): And you also have the supplemental agenda. Commissioner Teele: We've got a whole supplemental agenda, don't we'? Mr. Vilarello: Yeah, Carlos Gimcne (City Manager): Right. And you have -- Item 32 is a budget review. Commissioner Winton: The budget review, pocket items and supplemental agenda. Which one would you all like to -- oh, here's our Chairman, Commissioner Regalado: Lot's do the supplemental. Commissioner Winton: Well, when are we going to do the budget? Commissioner Tecle: Well, we've: got Item 33 -- 32 and 33. Have we done 32? Commissioner Winton: No. Thirty-two is our budget. When are we going to do it? If we leave it till last, I can't -- I'm struggling to think now. 1 can't irrraginc how I'm going to think at 2. Commissioner Teele: We need to do the Budget. We really should have done it first. Commissioner Winton: Yeah. Commissioner Teele: Half of the Manager's problems go. 400 July 26, 20U1 Linda Haskins: Linda I laskins, Director of' Managenment and Budget. I'm glad that you decided to do it now, because 1 may not lie able to think, either. As you know, we talked in the last Commission meeting about the impact on the City of the loss of'the surcharge, and we're going to talk about it a little bit again today with bringing in the additional cuts or the format of the additional cuts that you had requested. At the end of the discussion, we'll be able to give you an interactive spreadsheet that will show you -- Marcelo, could you pill up that sheet for it second? it'll show you what different changes in nlillag;e rates, solid waste fee and fire assessment would do, and what the impact of those changes would be over a live -year period. So by the end of this, we'll he able to give you -- vou'll he able to put in whatever sorts of'expense cuts you'd like to sec, just as a scenario. it's interactive, and you'll lie able to see what happens. Additionally, we've made sure that in this budget process, we did a bottoms ter process. The departments cattle up with thClr budget suggCeStions, and there were reviews. They've also conic up with their suggestions for their cuts at two, three, four, five and six percent. And all the Directors are here tonight, and would be able to address any concerns VOL] have relating to any of these cuts. We go into the budget review, first of all, to discuss the Administration recommendation. The Administration recommendation continues to be to institute a three percent cut ill expenditures, to maintain the nidlage at H.995 mills, to increase time fire assessnmcut to seventy dollars (S70), and to provide for adequate budget surpluses so as to address contingencies that are embedded in our union negotiations, \11P (Vehicle impoundment Program) program litigation, potential accelerated retirements. But at the end of this, we also give you an alternative to this. Our commitment to our constituents in the Administration proposal is that in the event of a retroactive reinstatement of the parking surcharge, we will reinmhurse citizens for the fire assessment increase and reinstate previous planned service levels. Wanted to go through the rationale for the Administration recommnmctmdation. Ow- first justification is that our recommendation enhances the City's borrowing potential. As we've discussed over the last year, there are needs in the City to tap into bond markets to do some of time projects that need to get done in the City, particularly as they relate to parks projects. We feel that maintaining; the millage rue at 8.995 mills provides sufficient laxing capacity to make bond issuances more attractive to the bond markets. We also believe that the taxing capacity that we call show at 8.995 trills enhances our potential for a higher bond rating. So not only does it enhance our ability to go to the bond markets, it enhances our ability to get a better interest rate with a higher bond rating. (Jur second justification is that limiting our expenditure cuts to three percent limits the adverse impact on service delivery resuking Front these cuts. We've provided each of the Commissioners and the Mayor the various scenarios at two, three, four, five and six percent cuts. At three percent cuts, we are still, for the most part, freezing; vacant positions. Many of those vacant positions were positions that were added to departments in the midyear ordinance or in the reorganization ordinance. And the reorganization was significant in that we took vacant positions from the. Police Department primarily and put them into our service delivery areas, in parks and Public Works, in those areas. We also had some significant increases in personnel in the midyear ordinance relating; to the long-term strategic IT (Information Technology) plan, which we've all agreed is a very important initiative for the City. So many of those positions are the ones that arc frozen. Beyond the three percent level, we're going into much deeper cuts and are going to -- and we believe, as Directors and as the Administration, that those cuts arc going; to hurt its even further in service delivery. XVe are committed to a seven million dollar ($7,000,000) reduction in expenditurca. What we've given to you right now, because of the timing, the limited time frame we've had to work with this, is basically across -the -hoard cuts. 401 July 26, 2001 What we plan to do is, when we come hack to you in September, we will provide you a seven million dollar ($7,000,000) expenditure cut, but it will be a strategic cut. We now have a blueprint from each of the departments on what they feel that they can do. And we will work with the departments. There may be sonic departments that arc cut lour percent, some departments that are cut two percent, but we will, in an attempt to make sure that we continue to maximize revenue opportunities and continue to try to maximize service delivery, come up with at more strategic cut for you. Our third rationale: The recommendation leaves previously enacted tax reduction substantially in place. Marcelo, could you put up the spreadsheet we have on tax savings relating to (]cc surcharge? When the surcharge was enacted, one of the things that we had to commit to do was reduce taxes and fees to our citizens. The property tax reductions have been approximately seven million dollars ($7,000,000). Over and above that, the reductions that have been provided our citizens, as a result of the surcharge, are another one point two million dollars ($1,200,000) for the Save our Seniors exemption, and another live point six million in not increasing various fees, as per the Fivc-Year Plan that was in effect before the surcharge went into effect. So we're talking about real reductions of eight point two million. And then over and above that, there's another five point six million dollars ($5,600,000) in fee increases that were previously planned that we did not havC to put into effect, because we bot the surcharge. So there have been some significant benefits to citizens as a result of this. So what we're saying is, losing the thirteen million dollars ($13,000,000) a year, wfcat we're asking back in our increase of nine dollars ($9) is two point one million dollars ($2,100,000) of the benefits that have already flowed through to citizens. do we're not taking back it large percentage of the betcefits that they've already gotten from the surcharge. And we feel like we've been able to do that, not only through the expenditure cuts, but through other efficiencies that the City has tried to put into place over the last couple years. Our third rationale is that the increase in the fire assessment results in it lower cost to the average citizen than an increase in the millage rate. What we are asking for in our recommendation is two point one million dollars 62,100,000) in additional fees relating to the fire fce. To get that same two point one million dollars ($2,100,000) in millage, we'd have to increase our millage rate by .15 mills, An increase of .15 mills to the average household home in the City of Mianii would cost thirteen dollars and cighty-three cents ($13.$3) in taxes. It's taking a hundred and seventeen thousand dollars ($117,000), less twenty-five thousand dollars ($25,000) homestead exemption, ninety-two thousand dollars ($92,000) taxable valuable, .15 mills would be thirteen dollars and eighty-three cents ($13.93) in cost versus what we're asking for, nine dollars ($9) in the fire fee. So actually, increasing the fire fee to get the two point one milliun costs our citizens less than the nine dollar ($9) increase in the fire -- I mcan costs the citizens less than taking it in an additional millage. And again. going back to our first rationale, we prefer not increasing the millage rate, because we want to make sure that we can tap bond markets. Commissioner Winton: Well, then, who gets hit with the fire fee'? i mcan, I'm trying to -- it's late, and I'm trying to remember how that fire fee was structured and -- Ms. Haskins: The fire free is structured so that 34 percent is paid by single -fancily homes; 24 percent by multifamily residents and 43 percent of the cost goes to the commercial sector. 402 July 26, 2001 Mr. Vilarello: Commissioners, I need to correct one issue. It's not structured so that that happens. It's apportioned based on the henefit that each piece of property gets. That's the consequence. Commissioner Winton: That's the -- never mind. Mr. Vilarello: To, that's cxactiy -- Commissioner Winton: Baloney. Mr. Vilarello: -- the way the special assessment is in place. What happens here is -- Commissioner Winton: I have never seen, ever -- and I don't think we want to argue this tonight, so I wouldn't be pressing it too hard. And I won't start the argument. But -- Mr. Vilarello: Well, I need to correct the record, because, actually, if you do it the way that it was just suggested, that would be inappropriate and not a special assessment. Commissioner Winton: All right. Go ahead. Commissioner Regalado: But where is the fourth percent scenario, and five percent and six percent scenario'? Ms. Haskins: Those were in the books delivered, but we have more here, Pilar, could you -- where is Pilar? Commissioner Regalado: It's not here. Ms. Haskins: It was in -- Carlos Gimenez (City Manager): You had books delivered to you on -- Ms. Haskins: ['in sorry, Commissioner. Mr. Gimenez: -- Tucsday morning. Ms. Haskins: They may have been delivered earlier to his office and he didn't see them. The next justification that we have is -- I'm sorry. Commissioner Winton: One more quick question. And how was "commercial" defined? I've forgotten. Mr. Gimenez: "Commercial" is institutional commercial properties, institutional and warehouse. Commissioner Teele: Condominiums'? 403 July 2G, 2001 mr — Mr. Gimene7.: No. Condominiums are single-family. Ms. Haskins: Condominiums are multifamily, aren't they? Mr. Gimenez: No, they're single-family. Ms. Haskins: Single-family? OK. Commissioner Winton: And apartments are multifamily, right? Mr. Gintenez: Apartments are multifamily. Commissioner Winton: Over "X" number of units? Mr. Gimenez: The single-family is single-family and duplex. That's a single-family rate, and the condos are single-family. Multifamily is over three units. Commissioner Winton: Got it. Thank you. Mr. Gimencz: Three or more, )'in sorry. Commissioner Tecle: Thank you. \'Is. Haskins: The next thought that we had in corning up with our recommendation is that the combined effect of the three percent reductions and the increase in the fire fee provide the City the flexibility to address risks currently identified. The first set of risks are in the union contracts. As we talked about before, COLA (Cost of living Allowance) or anniversary for sworn Fire and Police cost eight hundred and sixty-six thousand for each percent. We have no COLA adjustments for sworn Fire and Police in next year's budget. And I'm going to say this for you, Charlie. I'm going to make sure that I make this clear. The change in COLA anniversary increases for any other employee, other than sworn Fire and Police -- and that means everybody. That would be the management confidential, as well as the AFSCME (American, Federal, State, County and Municipal Employees) and the Sanitation -- would be seven hundred and sixty-six thousand per percent. We have nothing factored in the budget for any pension adjustments that may result from union negotiations, not that they are going to happen, but that that's a possibility. We also have risks related to the ViP litigation. There is a million dollar ($1,000,000) revenue stream, nil Ilion dollars (51,000,000) per year from VIP. There's also some litigation out there that raises a question of whether we would ever have to refund the eight and a half million that's been collected so far. There's nothing built into this plan to address that. We also are looking at, with union negotiations and with a work force that -- we've got over 700 people that are eligible for retirement today funding their severance, which is sitting in an un- funded long -tarn liability account. And lastly, we believe that our promise to provide a refund in the event ol'successfully retroactively restoring the parking surcharge fulfills the promise we have made to our citizens to use the surcharge to reduce taxes and lees. So in summary, the recommendation, before we talk ahout an alternative to this, is that we maintain the millage rate at 8.995 mills, we increase the fire assessment by nine dollars (S9) to seventy dollars (S70), that 404 July 26, 2001 rZrZr7[u;:`r we maintain the solid waste fee at the three hundred and forty-five dollars (5345) per the Five - Year Platt, which is u twenty dollar (S20) increase this year -- that was trimmed a few weeks ,tgo -- and that we implement expenditure cuts of three percent. But let's talk about an alternative to this. The current proposal reflects the same millage rate as fiscal 2001, increase of the fire assessment of nine dollars ($9), and an increase in the solid waste fee of twenty dollars ($20). So, in effect, what we're doing is we're increasing fees to the citizens by twenty-nine doiiars ($29) in this proposal. In the Five -Year flan for this year, we are only going to raise fees by twenty dollars ($20). So there's a nine -dollar (S9) higher increase in fees to citizens than what we had in the Five -Year Plan. What we can do is we could look at, rather than increasing the solid waste fee by twenty dollars (S20), if we increase the fire fee by five dollars and fitly cents ($5.511), we would generate the same revenues. So rather than raising fees by twenty-nine doCars ($29), we could raise total fees by -- Commissioner Teele: it's too late. Ms. Haskins: -- fourteen fifty. I know, We'll go through it again. The Five -Year Plan has twenty dollar ($20) increase in solid waste. That's in our proposal. That's twenty dollars ($20). Commissioner Tecle: That's already been voted on, right? Ms. Haskins: That was already voted on. So 20,120, same versus the Fivc-Year Plan. Now, we're saying, in the first recommendation, raise the fire fee nine dollars (S9). That's nine dollars ($y) more than the Five -Year Plan. So it's twenty-nine dollars (S29) total increase for the citizen in 2002 versus twenty dollars ($20) that's in the Plan. But we could do something different that wouldn't cost as much, and would even give them less of an increase than what's in the Hve- Year Plan. And what that would be is this: We don't increase the solid waste fee. We take that twenty dollar ($20) increase out of there. Now, we're at nine dollars ($9) for the fire fee. Now, increase lite fire fee live -fifty more. So go to fourteen -fitly on the fire fee, We get the same revenue as in this reconmiendation, and what we've delivered to our citizens is, notwithstanding the fact that we lost our parking surcharge, we've reduced their fees from what was planned by five dollars and fifty cents ($5.50). The problem with that is that we do have a Financial Integrity Ordinance. And the Financial Integrity Ordinance says that we are to increase our Pecs so that they are more reflective of the cost of delivering services, particularly in the solid waste. That was one of the things that was discussed with the Oversight Board over the years. So what we'd also suggest with this is that we, as we do our Five -Year Plun, we re -institute the twenty dollar ($20) increase, beginning; in 2003, to comply with the financial Integrity Ordinance. So that alternative proposal is this: The millage rate is at eight dollars and -- 8.995 mills. Sec, I'm getting tired. The solid waste fee would be at three hundred and twenty -live dollars ($325) versus three hundred and forty-five dollars ($345) in the Five -Year Plan, so it's a twenty -dollar ($20) savings in the plan. The fire fee would go to seventy -Five dollars and fifty cents ($75.50). I'm sorry, 1 said fourteen -fifty befbre. It's really fifteen -fifty. Fourteen -Fifty. I'm sorry, It is -- it's seventy-five fifty. I'm song, I'm like losing it here. It's late. I was doing good until then. OK. So it's an increase of -- 405 July 26, 2001 r1�1�►�� Commissioner Teele: It might -- You know, people are going to see this on Sunday, and they're going to say, what's going on? So it might be it good point to say the time is now 12:24 p.m. -- a.m. -- I'm sorry. A.M. Ms. I laskins: And I've been working day and night for the last three weeks. So we're at a fire fee of' seventy -five -fitly, which is an increase of fourteen -fitly during the five -- versus the Five - Year Plan. And we still do our expenditure reductions of seven million dollars (57,000.000). And that seven million dollars (S7,000,000), in our honest opinion, is the most we can do without —_ really adversely affecting service delivery. We're taking the newest blood, the newest out of the _ City. We would also, of course, recommend resuming the increase in the solid waste fee, begiruting in 2003. Attain. the summary of this is up here. 'I'hc impact of the alternative proposal: A fee increase of fourteen -fifty versus twenty-nine in our original proposal. The tee increase is entirely in the lire assessment. The millage rate is the same as the Five -Year Plan. We keep it there. The increase in fees would be five dollars and fifty cents ($5.50) less than in the rive -Year Plan, notwithstanding the loss of the parking surcharge, Bottom line: We believe that either one of these proposals produce a balanced reponse to the loss of the parking surcharge. The original proposal complies entirely with the financial Integrity Ordinance. The alternative gives us a one-year problem with the Financial Integrity Ordinance regarding the solid waste fees. And both of the scenarios are limiting the cuts in expenditures to what we feel is a manageable level. Now, if we go up to Our interactive spreadsheet, you can see — OK. The (UNINTCLLIGIBI.F.) summary. OK. This is the original proposal. And Marcelo, could you go down and show what the cost to the average taxpayer is? The cost to the -- keep going down, scroll duwn further. The cost to the average taxpayer of this proposal is -- versus the Five -Year Plan is thirty-five dollars and fifty-three cents ('$35.53) by the time all is said and done. But the bulk of that is because assessed values go up. We plan not to go to rollback in the Five -Year Plan. So the thirty-tvvo dollars and twenty-fve cents ($32.251 increase you see up there is really because assessed values went up. So what we're doing in this is -- versus the prior year --- we're reducing debt service millage. they're getting five dollars and seventy-two cents (55.72) benefit. That's the first column. Fire assessment goes up nine dollars (S9). Solid waste flee goes Lill twenty dollars ($20), You're -- OK. You're scrolling. Yeah, live dollar's and seventy-two cents (S5,72) decrease in debt service millage. 1 need a microphone. OK. We have five dollars and seventy-two cents ($5.72) decrease in debt service millage, it nine -dollar ($y) increase in the fire assessment, and Ivwenty dollar (S20) increase in solid waste fees. So what that is costing the average citizen is twenty-three dollars and twenty-eight cents (523.26) in this total proposal. Versus the Five -Years Plan, it's a three dollars and twenty-eight cent ($3.25) difference. if we look at the alternative -- can you put the numbers in for the alternative. Marcclo? -- where we would change the solid waste fee to three -twenty-five, we would bring (lie lire fee to the seventy- five -filly. OK. If we scroll down, you'll sec we're at -- where we are is - five dollars and seventy-two cents ($5.72) decrease in the millage rate for debt service millage. We have a fire ice assessment of fourteen dollars and fitly cents ($14.50). So versus last year, we're only going up eight dollars and seventy-eight cents ($8.78), excluding the increase in assessed value. If we look at it versus the rive -Year Plan, we're much better off. We're at five dollars seventy-two (55.72) decrease for the debt service tnillage. The Circ assessment is going up 1burteen-fifty versus the Plan. flie solid waste fee is going down twenty dollars (520) versus the flan. So we're really cloven dollars and twenty-two cents (511.22) under -- less in charges to the average citizen than we are in our live -Year Plan. Marcelo, could you scroll up and show how that looks 400 July 26, 2001 IAII]ICI I3, like -- over the five-year period, what we look like, and the bottom line proposal? That's the original. You've got to go down to aller we're all said and done, making tite adjustments. Something happened'! The recap. Three percent. The three percent reduction. Where we stand, then, is the 2002 budget conies tip with a one point six million dollar (S1,6(K),000) surplus. That's the amount that we feel we need to address some of these risk items that we've got. The 2003 forecast is a surplus, 2004 is a surplus, the two out -years, 2005 and 2006, are still at deficit, but that deficit is still very similar to what's in our current live -Year Plan. So what we would need to do is, if we don't get the surcharge reinstated, we need to work to see what happens in those out -years. We also believe we have sone conservative estimates for those out -years in looking at the increase in assessed values, and what's coming on line for new construction. Mayor Carollo: Linda, first of all, let me congratulate you and your staff for all the hours that you put into this budget and the alternatives that you're coming up with. Ms. Iiaskins: 'thank you. Mayor Carollo: The one question I'd like to ask you is, how much, for the record, are we placing in reserves in this year's budget? Ms. i laskins: In the 2002 budget, there are about four point nine million dollars (54,100,000) in reserves that are required reserves under our financial Integrity Ordinance. There's an additional -- in the base budget, there was live point six million that was committed in the Five - Year Plan, and then over and above that live point six million would be this one point six million in this alternative, as well as the original proposal. Mayor Carollo: That's what I'm getting at. The four point nine, we're required to. The five point six, we are not. Ms. Haskins: Yes. Mayor Carollo: If we were to leave that five point six at approximately three point six, is that something that you think we can live with? Ms. Haskins: I think, if we dropped it to three point six, it's going to be difficult to -- it's going to be a little hit more difficult to handle the contingencies related to any negotiations. But if -- we can deal with that number, I think. Mayor Carollo: Let me tell you why I think we could live with it. And we don't have to raise garbage fee this year. We don't have to increase the lire fee, next year's budget. Comes January, if we haven't been successful before that in our appeal with the Florida Supreme Court, comes January, we will get the surcharge reinstated with the wording that the Third DCA (District Court of Appeal) would want to sec in the legislature. It will be reinstated. So we're going to end up with additional dollars that are not being planned in this budget. And, of course, we can't plan to have those additional dollars until we actually do. 407 July 26, 2001 611Z0YAMT 0 • Ms. Haskins: I think what we need -- the other consideration in this, just to make sure that we have -- we're looking at everything, is this submission of a Hive -Year Plan. And again, under the Financial Integrity Ordinance, we need to submit a Five -Year Plan. So if we delay the issuance of the Five -Year Plan or -- Marcelo, could you just run through what it looks like with no fire fee increase and no solid waste fee increase? You got that there. And the three percent cuts, leave the three percent cuts in. So that's one point seven -nine million. That would come off the five point six million. So that would bring you down to -- close to the three point six. Actually, it's going to be four million. Mayor Carollo: Approximately, yeah. Ms. Haskins: What that does over the live -year period, then, it shows us -- actually, the deficit in 2003 doesn't really exist, because there is also a budgeted surplus in there of about one point nine million. So there's really not a deficit in 2003. But 2004, '5 and 'b, those are real deficits versus what we're required to record under the Financial Integrity Ordinance. Mayor Carollo: At 2004, 1 think it'd be -- Ms. Haskins: And these assume that we re -institute a solid waste fee increase, starting next year again. Mayor Carollo: Sure. But you are correct, based on the figures that I've ran. We would not have any deficits for 2002, 2003. Ms. Haskins: Right. Mayor Carollo: 2004, the deficit would be approximately three million dollars ($3,000,000). Following the normal garbage increases, then, that we had talked about at twenty dollars ($20) per year, beginning 2003. Ms. Haskins: Right. Commissioner Winton: But is that twenty dollars ($20) already in the numbers that shows the Ihrce million dollar ($3,000,000) loss'! Didn't you say that it's already in there.? Ms. Haskins: The twenty dollars (20) is beginning in 2003 again. The number that -- Mayor Carollo: Yeah. Commissioner Winton: So it goes in, but we still lose three million dollars ($3,000,000) the next year's Ms. Haskins: Right. Commissioner Winton: OK. 408 July 26, 2001 11010=16 Mayor Carollo: And what I'm talking, Commissioners, is in going with the three percent reduction cost, going with the same millage rate of 8.995 that we presently have had. we're getting a reduction in our debt service millage. We leave the garbage, solid waste fee at the same amount that we've had it, and we do not increase any fire fee, at all. Instead of going with the additional reserves of rive point six, we take approximately two million dollars (S2,000,000) and put it in two operations, and that will balance the budget for the upcoming year, 2002, without having to increase any fire tee, any garbage fee. Conics January, if not before, we'll have additional millions that we could use as surplus, once either the State Supreme Court rules positively for us, or if not, once we go back to the Legislature in January and we straighten out the wording in the parking surcharge. Commissioner Winton: And, Mr. Mayor, what -- and the logic is fine there. What happens, however -- what's the impact -- as it relates to our dealing with the Oversight Board or anything else, what's the impact if the Supreme Court doesn't rule in our favor and we fail at getting the Florida Legislature to approve modified wording that could reinstate the parking surcharge? Mayor Carollo: The impact for this coming year, 2002, would not have any impact, because we would have balanced the budget. Commissioner Winton: I understand that. But there's a five-year budget that we have to have approved, which is what I'm understanding. So I'm trying to understand what. that overall global impact is. Mayor Carollo: And I agree. in the Five -Year Plan, which will begin in 2003, we have to make the adjustments as we've had in the past, making projections that we will have to make certain increases on garbage fees, as we have planned, on twenty dollars ($20), and Then use sonic of the recommendations that we have gone over today on the fire fee. But those, again, are projections that we have to have for the Fivc-Year Plan in order to be in compliance; not necessarily what's going to be. Once we get the surcharge reinstated again, then it's a whole different scenario that we will have to look at. A positive scenario. Vice Chairman Gott: Mr. Mayor. Mayor Carollo: Yes. Vice Chairnian Gort: Linda, let me ask you a question. Ms. Haskins: Sure. Vice Chairman Gort: How much of the five million dollars ($5,000,000) in reserve is a requirement to make -- Ms. Haskins: The four point nine million is a requirement. Then there's another five point six million that was committed to in last year's Five -Year Plan. So that's ten point five million in total. 409 July 26, 2001 • Vice Chairman Gurt: But that five point six. was it dedicated to a specific reserve? Ms. Haskins: No, it was not. Vice Chairman Gort: It was unrestricted reserve? Ms. Haskins: Unrestricted. Vice Chairman Gort: How much do we have in that unrestricted reserve? Ms. Haskins: In the unrestricted reserve right now, we're at fourteen million -- at the end of last year, we were at approximately fourteen million dollars (514,000,000). That fourteen million dollars (514,000,000) was approximately -- I can't remember the number now -- seven or eight million dollars ($8,000,000) short from the levels we're supposed to have tinder the Financial Integrity Ordinance. And the reason is -- Vice Chairman Gort: We were supposed to be having twenty-one million. Ms. Haskins: We were supposed to be at eight percent. We were supposed to be at, yeah, twenty-one million. Vice Chairnan Gort: The other four million dollars ($4,0(X),000), is that restricted to a specific use? Ms. Haskins: Those arc things like the Risk Management reserve, a budget contingency reserve, and those reserves were intended to start building up to fund the hundred and five million dollars ($105,000,000) in the general long-term debt obligation account group. Vice Chairman Gort: And that reserve right now is funded to what level? Ms. Haskins: That reserve is funded now to one -- the hundred and five -- oh, no, the total -- the restricted ones, the designated ones, those were -- the balances in that -- Scott, help Inc out. Seventy million dollars ($70,000,000) at the end of -- no. Seventy million dollars ($70,000,000) at the end of last year, of which some of that's been spent, because we had -- some of that was taken out as a result of designating strategic initiatives blue ribbon dollars. So some of that has come down this year. Twelve and a half million there has conk clown, and there were some management initiatives, another eleven point two million that's been spent. Vice Chairman Gort: By the way, I know you've been working real hard at it. You owe me some documentation, and I know you're not going to be able to do it, but some time next week, what I requested, the specific on those reserves? Ms. Haskins: Of the special reserve funds, yes. Vice Chairman Gort: Right. wfff 410 July 26, 2001 • • Ms. IIaskins: Yes. Vice Chairman Gort: Thank you. Ms. liaskins: Yes, I will. Commissioner Winton: Could you tell me what the significance of the Financial integrity -- Financial Integrity what'' Ms. I laskins: Financial Integrity Ordinance. Commissioner Winton: OK, the Financial Integrity Ordinance, what's the significance of that, and how do we think about that as it relates to the different models, including the Mayor's model here? This is the first time I've ever heard about the Financial integrity Ordinance. Ms. Haskins: The Financial Integrity -- You'll see it, and there's an internal audit report that's coming out on their review ofour compliance with it. The Financial Integrity Ordinance was put in effect after the crisis. And it really puts together -- addresses what sound financial management of a municipality should be. And it sets certain guidelines for reserve levels, ongoing reserve levels. What happens, if you do have to dip into contingency reserves, you have to replace them within two years. You knew, if a significant event occurs, you've bot to dip into your reserves, you must replace thern in two years. It calls for, over time, funding your long- term liabilities, so that you're not, you know, building up all these accruals, especially compensated absence accruals, without funding them over time. Commissioner Winton: And what's the consequence of not meeting those targeted reserve levels? Ms. Haskins: The consequence is on us. It's a reportable event. The Internal Audit Department reports it to the Commission, reports on it once a year. The Financial Integrity Ordinance can only he amended every three years. There are some self -- Commissioner Winton: By the Commission? Ms. Haskins: By the Commission. Commissioner Winton: But -- so this doesn't have any -- this isn't some regulation that's tied to the Financial Oversight Board. This is internal self -policing. Ms. (laskins: Yeah. It's not required -- it was at the behest of the Financial Oversight Board that it was adopted, 1 believe. Commissioner Winton: OK. Mayor Carollo: I'd like to recommend to the Commission that what we consider tonight is to go with the three percent reduction in departmental budgets; keep the solid waste fee at the present 411 July 26, 2001 level that we have today of three -twenty-five; keep the fire fee at the same level of sixty-one dollars ($61), the same amount that we have today of sixty-one dollars (S61 ); and out of the five point six million that we have of unrestricted reserves for this coming budget, that we leave that at three point six million; take two million of that to put it in the budget and that would give us a surplus in the 21002 budget of approximately two hundred and seven thousand, three hundred and sixty-eight dollars ($207,368). Again, keep in mind that -- Commissioner Winton: Can y'all plug those numbers in your interactive model'? Ms. Haskins: These are the numbers. Marcelo, could you just put in -- Commissioner Winton: The numbers that the Mayor just -- Ms. Ms. Haskins: -- take out the five point six million. The budgeted undesignated reserve was what, five million six thirty-two, something like that'? All right. What we've got here is -- what this is showing here is we would have a deficit of a million seven ninety-two. But in the expenditure number is a live point six million dollar ($5,600,000) budgeted surplus number. So net, the surplus number would be three million, eight -o -seven in the budgeted surplus. Commissioner Winton: And the next year, it would stay the same? Ms. Haskins: The next year -- Commissioner Winton: The next year would remain as you have described it. Ms. Haskins: The next year -- the budgeted surplus for the next year is one point nine million dollars ($ 1,900,000); is that correct, Marcelo, one point nine? Mayor Carollo: And when you say one point nine to us, that's the increase in the fire foe for the 2003 budget, also. Ms. Haskins: Right, right. Mayor Carollo: So we would still have over a million dollars (51,000,000). Ms. I laskins: I'm not sure that we can do that. And I --well, I'm not sure that we can do that. What we have to do, under State regulation, is we have to have a balanced budget. So I'm not sure if we can -- Mayor Curollo: No, nu. I'm talking about 2003, not 2002. Ms. Ilaskins: Yeah, OK. Mayor Carollo: But truly -- 412 July 26, 2001 2Qr� - Ms. Haskins: Yeah. 2003, we have one point nine million dollars (S1,9fN?,OtNf) budgeted, so we're fine in 2090. Mayor Carollo: Yeah. So what you really have to deal with, then, will be the budgets of 2004, 'S and '6. Ms. Haskins: Right. Mayor Carollo: And we could adjust those with projected increases in other areas. such as fire fees, ct cetera. And, of course, that is suhject to change before we ever get to those budgets. Ms. Haskins: Right. And again, you know, at this point, if things stay the same, that's doable. My biggest concern, of course, is what happens with union negotiations. That's my largest concern, because of the fact that the base numbers that we have here don't reflect COLA adjustments for sworn Fire and Police far next year. Commissioner Winton: So let me make sure l understand that, because it seems like we talked about this the last time, anti maybe it's all muddled in my late brain here. But when you say that there's no COLA adjustments, if an employee in Fire/Police today is making thirty dollars (530) an hour, that means -- and there's not going to be a COLA increase for next year, that means next year, they're going to continue to make thirty dollars (S30) an hour? Ms. Haskins: No, that's not true. Commissioner Winton: 'That's what I thought. Ms. Haskins: The reason it's not for Fire and Police is because under their current union contract, they got a two percent COLA adjustment in October of 2001, and they are also getting another COLA adjustment in September of -- October 2000 -- I'm sorry. They're getting another COLA adjustment in September of 2001. So in a couple months, they're getting another COLA adjustment, OIC? So their union contract was negotiated. They get one COLA adjustment the first year of the contract, one the second year of the contract, two the third year of the contract. So what this would do is -- Corruuissioner Winton: So why do you keep saying there's no COLA adjustment? Ms. Haskins: Well, we have that programmed in, but we don't have it further October one built in, which would be the -- which has been -- Carlos Gimenez (City Manager): The new contract takes in effect October. So there is -- since they got a two percent increase, they will lie getting a two percent in September. Commissioner Winton: Of this coming -- of this upcoming September. 413 July 26, 2001 Mr. Gimcnez: 'Phis upcoming September. The Five -Year Plan did not anticipate a two percent for October, although it did anticipate a two percent or we have assumed a two percent for general employees -- Ms. Haskins: Right. Mr. Gimcnez: -- even though their contract is also up now. So that's also a subject of negotiation. Ms. Haskins: Right. But the reason for the difference is for the general employees, they arc not getting a two percent adjustment in Septemher. Commissioner Winton: Maybe I'm just dumb, but I don't -- I didn't understand a thing you said just then. Vice Chairman Gort: You're brainless, remember? Commissioner Winton: Right, I'm brainless. Boy, am I glad she's not here. Mr. Gimcnez: Well, here we go. I will try one more time. Commissioner Winton: Yes. Glad she's gone. Mr. GintenU: For the purposes of -- Commissioner Winton: Maybe I proved her right. Mr. Gimenez: For the purposes of the five -Year Plan, there are certain assumptions based -- when you take it on out. And basically, what they assumed was a two percent cost of living increase every year. Commissioner Winton: In our assumptions in the Five -Year Plan. Mr. Gimenez: In our assumptions, even though -- even though they are the subject of negotiations. Commissioner Winton: It's not negotiated for -- OK. Mr. Gimenez: Right. So what was assumed was since Fire and Police are getting a two percent - - they got a two percent in October and they're going to get another two percent in September, it was assumed that they would not get another two percent. But for AFSCME, since they only got a two percent in October, it was assumed that they would get another two percent in October, although, you know, regardless of the fact that they're still the subject of negotiation. They could get Iess. They could bet more. But for planning purposes, they're -- it was assumed to be a two percent increase. 414 July 26, 2001 ��Z Mayor Carollo: But the bottom line is for all COLA anniversary amounts, Citywide, it comes to slightly a little over a million, six hundred thousand. Ms. Haskins: For every percent. Mr. Gimencr_: These are -- you're talking about the anniversary increases. Those are the -- Mayor Carollo: Yeah, COLA or anniversary increases. Mr. Gimener.: -- automatic anniversary increases that employees bet. Ms. Haskins: That's for every percent, though. It's a million -six for each percent. Vicc Chairman Gort: (INAUDIBLECOMMENTS) Ms. Haskins: For Fire and Police, no cost of living adjustment for October of 2001 has been budgeted. Mr. Gimenez: Two thousand and one. Ms. Haskins: We havc -- in our plan, we are saying they will not get another COLA adjustment until October of 2002. Mayor Carollo: But -- Ms. Haskins: Consistent with the rest of the employees. Right. Mayor Carollo: But we still have, Linda, three point six million left as a cushion? Ms. Haskins: `that's right. We have three point six million left for each percent. For sworn Fire and Police, it's seven hundred and sixty thousand -- no -- eight hundred and sixty thousand -- Commissioner Winton: Well, three -six in a City like ours is nothing. Ms. Haskins: For every other -- for all the other employees, it's seven hundred and sixty thousand for each percentage change. Commissioner Winton: But then -- but why did you tell me when 1 said, if a policeman today is making thirty dollars (S30) an hour, then I said, next year he's going to make thirty dollars ($30) an hour again, and you said, no? Mr. Gimenez: Well, because you're not laking into account that that police officer could he betting an anniversary increase not tied to the cost of living increase. Ms. Haskins: He's getting a COLA in September. He's getting his COLA in two months, 415 July 26, 2001 • Commissioner Winton: Well, a COLA in two months is good for how long? Mr. Gimenez: Forever. Ms. Haskins: Well, that depends on the union contract. Commissioner Winton- No. I know on this -- no, no, no. But it's designed to cover a one-year Period, isn't it? I mean, cost of-- that's tied to -- Ms. Haskins: That's one of the questions in the uniun negotiations. Commissioner Winton: But in typical -• you know, in normal thought process, it's good for a year. Ms. Haskins: A year. Commissioner Winton: So if -- I'm going to go back to this again. Mr. Gimener.: No, sir. No, no, it's not good for a year. It's good -- When you get a cost of living adjustment, that bumps up your salary for the rest of your career, the two percent. Commissioner Winton: No. i understand that. But -- Ms. Haskins: But it's adjusting your salary for the last year's cost of living. Commissioner Winton: Yes. And so, how is it that -- so there is a cost o1 living adjustment in here. Ms. Haskins: But not an additional bump -- Commissioner Winton: But why do you keep saying that there is no cost of living increase in here if you're telling me there is a cost of living increase in here? Mr. Gimencz: Well, because there is a cost -- there is a -- the COLA, I mean, for September is in there. But the union negotiations, the contract starts October 1, so it's the subject of negotiation. And they could -- you know, they could ask -- as a matter of fact, they're asking for -- Commissioner Winton: But we've got two percent -- but we've got in our budgeting plans two percent built in, We may give them -- they may get zero, or they may try to get 20. But there's two percent built in. Ms. Haskins: Commissioner, your question is exactly the same as mine as when I walked in. 1 said, wait a minute. Why would there be another adjustment ever in October if they're betting one in September? And the answer is, it's union negotiation. Mr. Gimenez: It's a subject of negotiations 416 July 26. 2001 Ms. Haskins: It's union negotiation. Commissioner Winton: OK. But we've got -- so I think I'm getting clearer here. There is two percent built in, because it kicks in in September, and since it kicks in in September, it impacts their pay in October, and November, and December, and January, and February, and March, blah, blah, for the rest of the year. Ms. Haskins: Right, right, Mr. Gimenex: The two percent is kicked in in September. But also, the two percent and the two percent was kicked in this fiscal year. It obviously rolls on to next fiscal year, all right? But in terms -- because there's negotiations, you have to plan for maybe a contingency. There is no two percent, technically, in October, because they're getting it in September. That's why we say there is no cost of living increase. And the contract negotiations start in October. Commissioner Winton: I think I understand now. Ms. Haskins: It's an additional bump. Commissioner Winton: I understand the answer. Ms. Haskins: It's an additional bump. That's what it is. Commissioner Winton: Right. Ms. Haskins: It's an additional bump. Mayor Carollo: Any -- Charlie, I'll get to you in one second. Charlie Cox (AFSCMG Union President, Local #1907): Oh, OK. Mayor Carollo: Let me make sure nobody else wants to talk. Mr. Cox: No problem. Mayor Carollo: Commissioner Regalado, Commissioner Teele7 Commissioner Teele: Thank you. It's 12:54 a.m. Vice Chairman Gort: We've still got a lot of things to cover. Commissioner Teele: We have a whole lot of things to cover. I'll speak to Commissioner Winton, because -- about this -- what's the correct name of this act? The Integrity Act? Commissioner Winton: Financial Integrity Act. 417 July 26, 2001 Commissioner '!'cele: 'rhe Financial Integrity Act is very important. And what it's designed to be is a safeguard against what we call in the church "backsliders." And tonight, this sounds more and more like a session of backsliding. You asked the sixty-four thousand dollar ($64,000) question, Commissioner Winton. These numbers don't mean anything, really, if you don't look at what's up there now, which is the Five -Year flan, and how this does. Now, there was a cruel trick that some people think 1 played as the County Commission Chairman, and it wasn't a trick, but it's right where we're about to get ourselves in. And this thing played out for like three Commission meetings, and nobody could figure out how to get out of the legislative trick. It was involving the fire -- the gas tax, the five cents gas tax. And we had about nine votes on it because of the way this thing got constructed. Now, I'm going to tell you, we're about to enter into an absolute killing zone. If we repeal the ordinance that has the solid waste lee, which is all done now by ordinance, automatically, you will never see three votes in the same Commission meeting to do what the Oversight Board is going to require w•c do, which is to pass that ordinance in the out -years, because In the out -years, you're going to have to raise it substantially. Now, the problem that I have with the solid waste tee is essentially, it's -- let's be very clear. The only pcoplc who pay the solid waste fee arc the voters and (lie single-family homeowners, or the people who live -- residential. Let me put it that way. Resiciential. They pay roughly 100 percent. The fire fee is a very, politically acceptable and safe alternative in an election year. And ]'Ili in an election year, maybe. I ain't filed for nothing. But it really is a question of finuncial integrity, and let me tell you why. The issue on the solid waste fee is one issue, which the Budget Directur has not really dealt directly. She dealt with it through the act. And that is, the reason we're in an Oversight Board situation has more to do with the budget, and the external auditing, and the financing of solid waste fees than any one single thing, because they continue to treat the solid waste as if it were a -- what do you call it'? -- an enterprise account or -- Ms. Haskins: Enterprise fund. Commissioner Teele: A what'? Ms. Haskins: It was called an enterprise fund. it's not anymore. Commissioner Teel e: But it couldn't be an enterprise fund, because once under the -- Ms. Haskins: Didn't make money. Commissioner Teele: -- under the accounting rules, once you have three years of deficits, you can't treat it that way. Now, the real issue that comes out of the process that this City has come to is, we've got to be very honest about these things that we have that don't pay for themselves. Solid waste doesn't pay for itself: and I wish it slid. But if we play around with the solid waste fee in this budget year, we'd better be prepared to deal with it through the full five years. And you've got to make some assumptions. And if you make the assuntption we'll make it up out of general fund or out of millag,c, which you can do, you basically are now truly violating the Financial Integrity, because the whole concept of the Financial Integrity that we've committed is that we will move all of our fees to being self-supporting, rind so that's sort of the first dilemma that we're in. The question that I have, Madam Budget Director -- and 1 think the Mayor may 418 July 26, 2001 have said it. If not, someone said it. I guess it may have bum -- You know, Madam Director, you make the most clear, the most intelligent, the most understandable budget presentations that I've seen in local government, and I do commend you. And you've very forthright. You don't talk at least like you're getting ready to try to give us five answers in one sentence and all that kind of stuff, and that's very helpful. So I don't mean to make your presentation more difficult. It's 1 a.m. now. But i do believe that we've got some policy issues that we have to deal with. And the thing that bothers me about this line of thinking now is we're going further and further away from making solid waste -- as attractive as that is as a political option -- we're going further and further away from making this a self-sufficient fund. And particularly when the County fees arc -- What arc the County fees for solid waste and what the City fees? If somebody lives on I 91 Avenue, which is the western boundary in my district, on (lie east side of the street, which is where Reverend Dunn lives, on 19`x', right on the east side, they pay the City rate. What is that? Ms. Haskins: The County rate or -- Commissioner Tecic: The City rate. Ms. Haskins: Thu City rate right now is three twenty-five. Commissioner'Teele: Three twenty-five. Ms. Haskins: Yes, sir. Commissioner Tecle: And if they live on the western side of 19"' Avenue, which is unincorporated Dade County, how much do they pay? Ms. Haskins: The County rate -- I'm looking for it here -- is throe -- 1 think it's three hundred and forty-five dollars (S345). Vice Chairman Gort: It's higher. Commissioner Regalado: 'Three sixty-nine. Ms. Haskins: Three forty-nine? Let's see. Commissioner Regalado: 'Three sixty-nine. 'Three sixty-nine. Commissioner Teelc: No, no, no, wait. What is the City rate? 'That's not -- it's the City rate -- Ms. Haskins: Three forty-nine. "three forty-nine is the County. Conunissioner'reele: What's the City rate? Ms. Haskins: Three twenty-five today. 419 July 26, 2001 • Commissioner Teele: Three twenty-five. Ms. Haskins: And the County rate is three forty-nine. And the County docs not deliver anywhere close to the services we deliver. Commissioner Teele: The level of service. Ms. Haskins: We have trash pickup once a week. You have two trash pickups a year, I believe, with the County. That's it. Commissioner ' ecle: The otic thing that we keep saying we're going to do, we ought to basically send out a notice as to where your tipping -- where your solid waste fees go. We ought to do a pamphlet and say this is where your -- Commissioner Winton said the same thing, and we never do it. But we ought to do a pamphlet. This is what we provide. This is what the County provides. This is what we -- you're paying. This is where your money goes. And about 40 percent of this is what? What is the tipping fee percentage of the solid waste budget? it gets a little confusing because you -- Ms. Haskins: It's over 40 percent. It's a huge number. If you look at -- you know, I mean, if you look at the operating budget -- Commissioner Teele: So it's just a pass-through to the County. Ms. Haskins: It's a huge, huge number. It was one of the large fees that we could not reduce in the three percent cut. Mayor Carollo: In fact, I'm going to tell you even more. They're making money out of our garbage. Commissioner Teele: Sure. Mayor Carollo: Because they're charging us one rate. Then they're taking our garbage to Broward County, where they get charged less, and they're making up money on us in the spread. Commissioner Tecle: On the spread. Commissioner Winton: is that legal for them to do? Commissioner Tecle: No, it's not legal. But, you know, if you find a sucker, you use him. Commissioner Winton: So we need to -- there's another lawsuit for us to file. Commissioner Teele: Well, you know what, Mr. Attorney'? A Federal judge just ruled against flow control in Broward County. Are you aware of that? Late breaking news, last week. You all need to look at that, because flow control -- a federal judge has riled against flow control in Broward County as it relates to certain municipalities. I don't know what the circumstances are. 420 July 26, 2001 I'm very -- one final question. What is the total amount of fire fee dollars that we collected last year, and what's the total amount we're proposing to collect this year'? Ms. I laskins: The total fire fee collected is right around fourteen million dollars ($14,000,000) at the sixty-one dollars ($61). And if we increased it -- if we increased the fire fee, every three - dollar ($3) increase in the fire fee generates another seven hundred and eight thousand dollars ($708,000). Commissioner Teele: Seven hundred thousand'? Ms. Haskins: Seven hundred and eight thousand for every three dollars ($3). Commissioner Tcele: So we pay -- we're collecting right now, on all accounts, fourteen million? Ms. Haskins: About fourteen million. And four point two million of that goes into capital for Fire, and the balance goes into the general fund, ten million in the general fund. Commissioner Teele: What's the Manager's -- Mr. Manager, what is your recommendation? Mr. Gimenez: My recommendation was the first one, that you keep the solid waste at twenty and you increase the fire fee nine dollars ($9). Commissioner Teele: That is, we roll back from the Charter -- I mean the ordinance? The ordinance that we have right now takes the fire fcc up to what next year? Mr. Gimenez: It doesn't. It just leaves the -- the Fivc-Year Plan leaves the fire fee at sixty-one dollars ($61) flat. It increases -- Commissioner "I'eele: No, no. Mr. Gimenez: It increases solid waste twenty dollars ($20) per year. Commissioner Teele: And are you recommending that we let that increase go into effect? Mr. Gimencz: The recommendation from the administration is to have the twenty -- keep the twenty dollar ($20) increase and a nine dollar ($9) fire fee. The alternative was do not have the twenty dollar ($20) increase in solid waste, and increase fire to fourteen -fifty, which gives the same net amount. Ms. Haskins: But one of the conditions to that is that we commit to re -institute the solid waste fcc increases beginning next year. That was also part of it. Commissioner Teele: We commit to do -- Ms. Haskins: That we -- 421 July 26, 2001 1IIIi)!�[1� Commissioner Teele: But that's not what he said. is the recommendation that we increase the solid waste fee next year or not'' Mr. Gimener.: Yes, sir, that's the initial recommendation. Ms. Haskins: Right. Our basic recommendation is -- Commissioner Tecle: And to increase the fire -- did I say "fire fee'? Ms. Haskins: Increase fire fee by nine dollars ($9). Commissioner Teele: I'm tired. That's not what I -- My question is this: Is the recommendation to increase the solid waste fee or not? Ms. Haskins: Yes. That's in our basic proposal. Commissioner Teele: And to increase the solid waste fee, what do we have to do? Ms. Haskins: You've already trimmed that. Commissioner Teele: OK. But let me ask the question one more time. To increase the solid waste fee, what legislative action -- Commissioner Winton: None. Commissioner Teele: -- is required? "That's exactly what 1 hoped the answer would be. And, sec, my concern is i f we repeal it -- to get there, you've got to repeal it out. And then, with four people here, and then with one of my friends that's not going to vote for any fees, and, you know Commissioner Winton: And Commissioner Teele -- Commissioner Teele: I don't know what we're going to come up with, because then, the question is: Is Commissioner Gort going to support the fire fee? And I don't mean to put him on the spot. Then we have one colleague who's not here. And if we're going to do anything different, I think we need to have five Commissioners here. Commissioner Winton: Could I make a point about also on -- Commissioner Tecle: Yes. Commissioner Winton: -- the issue that you're making, and that is the alternative, which is to not increase the solid waste fee, and therefore, further increase the fire fee. I will tell you that everywhere I go in the redevelopment efforts that we're working on in every single underprivileged neighborhood, the number one issue, particularly for young people, is jobs. That's what I hear over, and over, and over, and over, and over again. If we go the fire fee route, 422 July 26, 2001 you've already seen that the maiority of the lire tee goes to the business community, and it isn't just the downtown business community now. It's the entire business community, on Southwest s"' Street, in Allapattah, everywhere, Those people don't vote at the hooth. They vote with their feet. We keep hitting those people with extraordinary increases in their fees, and they leave town. And when they leave town, they take with them the ,jobs that we're looking for in our neighborhoods. And so the garbage fee is a real cost that -- and as far as I'm -- I'm completely with you, Commissioner Tecle. That's a real cost of service. That fee ought to be lett just alone. It's already gone out. It's going to he increased. There's a revenue stream tied to that increase, and were not forced, then, to add an additional extraordinary burden on the business community that does have every option to march itself right out of this community and take with it ,jobs, tax base, occupational license fees, construction debris removal fees. all these other fees that we have tacked onto businesses, they can go away. And, frarildy, I'm going to bet you a lot of money that a goodly number of them would go away, and that's exactly what we're trying; to have not happen. So I'm going to he very, very hard pressed to support ally move here that has an extraordinary increase on the lire fee. I like the recommendation that management's made, which is let the garbage fee go, it's already gone, it's already going; to be billed in, people are going to gel it, and we're going; to increase the fire fee by nine dollars ($9). We maintain financial integrity in our budget, both from a real and perceived standpoint. And we hope that -- and we all work to support the Mayor's move to get this parking surcharge reworked, if we have to, in Tallahassee, so that we could actually regroup in January or February and completely redo the budget, anyhow, in .t very favorable light. Commissioner Teele: 1 agree. Well -- so, is the only motion you need is a motion to increase the fire fee by nine dollars ($9)? Ms. Haskins: We would need to do -- Commissioner Winton: A motion to approve the management's model recommendation for the budget. i so move. Commissioner Teele: Second the motion. Mayor Carollo: There's a motion. There's a second. Further discussion? Charlie Cox and Mr. Pidetmann wanted to speak, 1 believe. Commissioner Winton, from what I think I heard you say, you're concerned with an increase in fire fees because of the extra -- Commissioner Winton: The extraordinary, not the -- Mayor Carollo: I understand. Commissioner Winton: You know, I'm concerned about the nine, but I think they'd buy the nine, but it was the -- you know, you go to fifteen, or fourteen-filly, or fifteen, whatever that number is. 423 July 26, 2001 • Mayor Carollo: All right. But if there was a balance to that on a fire fee, that from somewhere else, the business community could get relief, where it more or less balanced off, that you could go for, right? Commissioner Winton: (INAUDIBLE.) Mayor Carollo: If there would be a balance in lire fee increase, but there could be a relief from another side. where it balanced off the increases you're giving, you could live with that, as long as the bottom line numbers arc pretty close? Commissioner Winton: I_et me see if 1 understand what you're saying, as cloggy as I'm getting here. Are you saying that as -- by way of example, in the resolution that I nioved, the fire fee is going to go up by nine dollars (S9). Mayor Carollo: That's correct. Commissioner Winton: So arc you asking me if there's a way to not move the fire fee tip at all and there's some other mechanism to do that, would I he intereslcd in listening to it? And the answer to that, if that's your question, is, yes, i would be. Vice Chairman Gort: I would be, too. Commissioner Winton: Certainly would be interested. Mayor Carollo: Or if you go up with a fire fee, we could reduce it in another end, you could still go with that? Commissioner Winton: Well, the -- so the next question is, conversely, if you go up further than the nine dollars ($9) in the fire fee through some other mechanism -- and that was the thing that I was arguing for us to guard against, and that's pushing that fire fee up further than the nine dollars ($9), because as we saw on the graph, 40 some percent of the fire fee -- Vice Chairman Gort: Is paid by the businesses. Commissioner Winton: -- hits business owners, small business owners, large business owners, mid-sized business owners. 1t hits the guys that bring the jobs to our community, and I'm just -- think it's bad policy for us to try to rim up that slope here. The risk -- I guess what 1 should say here is that I think the risk is greater than I'm comfortable taking. Maybe I'm wrong. Maybe they would absorb the cost and ignore it. But I don't think so. Mayor Carollo: Well, I just wanted to get your input on all the different possibilities on what we're working on for September. The bottom line is that from whatever is approved today, we can go down in the future, but we can't go up. Commissioner Winton: Right 1111MUti 424 July 26, 2001 • Mayor Carollo: Go ahead. Ed Pidetman (President, International Association of Firefighters, Local 4587): Ed Piderman, Miami Association of Firefighters, 2980 Northwest South River Drive. I wanted to commend the administration on the revenue generation. 1 think that that's the right way to go, and 1 would like to recommend to the Commission to adopt the proposal that the administration has provided, as far as revenue generation. i think it is not extraordinary, doesn't overburden any one group, and it does help to soften the blow on the total impact that the parking surcharge has had on the budget. On the expenditure cuts, I would just like to caution -- and Linda made some good comments on that -- I guess the plan is not going to be that the cuts will be across the board, because that docs have to be strategically targeted toward certain departments that can have larger cuts, others smaller cuts. Sonic of the provisions in some of the department budgets are contractual, and I would just caution that the contract not be violated, any of the contracts not be violated, whether they be minimum staj1ing, or layoff clauses, ct cetera, because I'm sure that the -- I can commit my union. ['m sure all the unions will fight any provisions that would violate the contract. So with that in mind, 1 just would recommend that you do adopt the recommended changes on the revenue side, and when you do go to strategically target those expenditures, maybe include the unions. Make sure that that's going to he properly done, and not in violation of any contracts, because the seven million dollars ($7,OOO,00(s) in cuts, although you have said that it's the limit, I think that it even -- you know, there is going to he an impact on service delivery. And some departments have to be prioritized, and ceilain departments, I think the impact needs to be minimized as much as possible. Mayor Carollo: Thank you. Charlie. Mr. Cox: I'm fine. Mayor Carollo: Are you sure? Mr. Cox: For right now, ycs. Mayor Carollo: Going last. Gone. OK. Vice Chairman Gort: Mr. Mayor, my understanding is whatever decision we take today -- Commissioner Winton: Say what? Vice Chairman Gort: Whatever decision we take today, we can bring down during the budget hearing, and we can bring it down at any time, if you find ways to reduce the expenditures within the City of Miami. But if we would lower it, we would not be able to go up, in case we new to, for that to happen. Ms. Haskins: That's right. We can't go higher than what we do today. 425 July 2G, 2001 Q6111FA[� • Vice Chairman Gort: l want to make sure that everybody understands that, especially the press. I don't want them to come out tomorrow and start saying that we're going to increase, we're going to do this and that. Ms. Haskins: Right. You could go higher. However, we would have the burden of sending certified letters to every resident. Mr. Gimenez.: We would have to do the notice ourselves. We would have to notice-- if you ever wanted to go higher, you would have to re -notice the taxpayers. Mayor Carollo: All right. Can you call the roll'? The following motion was introduced by Commissioner Winton, who moved fbr its adoption: MOTION NO. 01-808 A MOTION APPROVING THE CITY MANAGER'S MODEL RECOMMENDATION FOR THE PROPOSED FY '02 BUDGET (KEEPING THE PREVIOUSLY APPROVED INCREASE IN THE SOLID WASTE FEE AT $20 AND INCREASING THE FIRE: FEE BY $9). Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Arthur E. Tecle, Jr. Commissioner Johnny L. Winton Vice Chairman Witredo Gort NAYS: Commissioner Tomas Regalado ABSENT: Commissioner .toe Sanchez COMMENTS MADE DURING ROLL CALL: Vice Chairman Gort: For the reasons that I staled before, I will vole "yes," because we can always bring it down. COMMENTS MADE AFTER ROLL CALL: Alejandro Vilarello (City Attorney): Commissioners, we will have to amend or rescind Resolution 01-589, which we originally trimmed the fire assessment at. The forms are being prepared right now, and we'd like to bring that back to you at the end of the meeting -- Ms. Haskins: I'll bring it back with the millage. 426 July 26, 2001 MOM: • Mr. Vilarello: -- so we can do the trim notice. And I understand that the County needs to receive that by tomorrow. So we do have time to do it, as long as we do it tonight. Commissioner Winton: Is that tomorrow, today or tomorrow, the next day? Vice Chairman (;ort: It's already tomorrow. Mr. Vilarello: Tomorrow, today. Commissioner Winton: OK. Mayor Carollo: Mr. City Attorney, I'd like for you to work on wording for a referendum that I watt you to speak to each member of the Commission and get their opinion on the wording for the parking surcharge. We need to do that well before January. At the last meeting, we discussed that, and there was discussion of it being held maybe in September or so, or October. So I think we need to have that wording back at the special Commission meeting that's being planned. Commissioner Winton: Do you need a motion? Mayor Carollo: Can you make a motion? Commissioner Winton: I'll move the motion to direct the City Attorney to prepare language for a public referendum to deal with the parking surcharge. Commissioner Teele: Second the motion. Commissioner Winton: And have that back to us -- have that available for us at our special Commission meeting of August the 9"'. Commissioner Tccic: Second. Mayor Carollo.- OK. 'There's a motion, there's a second. All in favor signify by saying "aye." The Commission (Collectively): Aye. !Mayor Carollo: It passes. Commissioner Regalado: But, as the Mayor said before, the City Attorney has to consult with -- Mayor Carollo: I asked him to do that, yes. Commissioner Regalado: -- about the wording. 427 July 26, 2001 0-707-4 o( The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01-809 A MOTION DIRECTING TI IF CITY ATTORNEY TO DRAFT LEGISLATION CALLING FOR A SPECIAL REFERENDUM ELECTION FOR APPROVAL OF THE. PARKING SURCHARGE; FURTHER 131RECl'ING uIE CITY A'rrORNEY TO CONSULT WITH EACH MEMBER OF THE CITY COMMISSION FOR THE PURPOSE OF OBTAINING INPU"I' ON APPROPRIATE BALLOT I.ANGL'AGF. AND BRING; BACK SAID LEGISLATION FOR COMMISSION CONSIDERATION AT THE SPECIAL, COMMISSION MEETING SCHFDULI?D FOR AUGUST 9, 2001. Upon being seconded by Commissioner Tecle, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur F. Teele, Jr. Commissioner Johnny L. Winton Vice Chairnian Wifredo Goil NAYS: None ABSENT: Commissioner Joe Sanchez Commissioner Winton: Next. Mr. Pidermann: Mayor, can I just make one quick comment? I just -- in reference to the parking surcharge, we made -- the unions had made a personal commitment to the City Manager that whatever we can do in regards to getting the parking surcharge modified, the language modified in the State, I louse and Senate that we're willing to do it, and we just wtutted to publicly make that commitment to the Commission, that we're ready to talk to any of our friends that we have in the State Legislature and do whatever we can to make sure that that gets changed. Commissioner Winton: Great. Thank you. Mayor Carollo: Thank you. Thank you. Commissioner Winton: We'll take all the help we can get. Next. Commissioner Teele: Mr. Attorney, may I ask you one question? Is there a method you could construct that we could keep the fire fee? Because we've got the issue of-- Madam Director, put that chart tip there again as to who pays -- Madam Director, would you put the chat up one more time as to who pays the Lire fee, and the percentages, the 25, 42? Commissioner Rebalado: forty-three, commercial; and 34, residential; 24, apartment buildings. 428 July 26, 2001 #moa @ • Ms. Haskins: Right there. Commissioner Teele: OK. So single-family bears 34 percent of the cost; multifamily, 24 and commercial, 43. So at roughly, what, fifteen million dollars ($15,000,000) right now? Commissioner Winton: Founecn. Ms. Haskins: Fourteen. Commissioner Tecic: Fourteen million? Ms. Haskins: Yes. Commissioner Tcele: What's 34 percent of -- Ms. Haskins: Wait. Now, you're asking me to do math. About five point two million, five point three million. Commissioner Teele: About five? Ms. Haskins. Yeah, Commissioner Tcele: Five. Ms. Haskins: Or is it four point two? Vice Chairman Gort: Four point something. Ms. Haskins: Four point two. Sorry. Commissioner Tecle: Four point two million? Ms. Haskins: Yes, Mayor Carollo: We got over 100 percent there. Got 101 percent. Commissioner Winton: That's close enough. Commissioner Teele: It's rounded. Mr. Attorney, is there a way we could construct a scenario where we charge the -- because we got the equal protection. I mean, you know, this is a carefully balanced legislative scheme that we used the consultant -- what was the firm we used out of Tallahassee? Mr. Gimenez: 1 think we used -- 429 July 26, 2001 • 0 Commissioner Teele: Gibbler -- Neighbors, Gibhler? Yeah. Mr. Gimenez: Neighbors, Gibbler. It's all based on actual run data. Commissioner Tccic: Yeah. And it's all based on court cases that have tested this in Sarasota and several other places. The question is, is there a way we could construct a scenario where we could reimburse -- that we -- listen to me -- that we could reimburse the homeowners for the 34 - - single-family homeowners for the 34 percent'; We charge it, dab, dah, dah, dah, dab. Mayor Carollo: We can't. We will be risking losing everything if we do. Commissioner Regalado: Remember, the single-family also is condominium. Mr. Gimenez: That's correct. Commissioner Teele: 1 just asked the question. is it -- Mr. Attorney, would you check with Neighbors and -- Mr. Vilarcllo: I can answer the question for you, Commissioner, and I'd be more than happy to get you a second opinion with Mr. Neighbors. But the answer is "no." Remember, special assessments are based on the benefit to the property. So if you take a -- you assess it properly and reimburse to others, you are essentially charging one group more than you are another. But I would be more than happy to follow up and check with Mr. Neighbors and see if there's a way -- Commissioner Teele: So there would he no scenario -- let's say that we -- there's no scenario that you could envision that, say, in -- this is assessed in September as a part of the -- that in July, we could mail out checks back to the homeowners, single-family homeowners, for the four million dollars ($4,000,000), individually? Mr. Vilarcllo: if the fiscal condition of the City changes, I think you can certainly do -- Commissioner Telc: No, no, I'm not talking about -- I'm talking legally, now. I'm not talking about fiscal conditions or is the money available. Mr. Vilarcllo: You could rebate excess dollars, but it would be -- it would have to so back in the same proportion that it was collected. Commissioner Tecle: That's not my question, but I -- it's too late and I don't -- I mean, I hear both your legal opinion and Mayor Carollo's legal opinion, and I'm persuaded that the latter, who probably has had as much success in court as any of us -- we can just move on to the next issue. 430 July 26, 2001 0 • 84. AUTHORJZE .AND- DIRECT MANAQER TO RETAIN- SERVICES OV:OON. �MTANT- -; TO, • A, YAPYZH : PARKS PLACE/BISCAYNE BAY APARTMENTS AME1 -fffl, 4T 1 0 GROUND IAWE ,TO .ACCONIMODATE: CHRTAINJ'REQUIREM4NT5, ¢END MAi1iAGER, 'i1�0 SEEK REIMv bltSEMENT RROtvi COMMUNITY • RED�VF,�OPM1�N'I' Vice Chairman (fort: OK. We just Finished item 32. We have to go on to Item 33. Parks Place/Biscayne Bay Apartments, amendment to ground lease. Commissioner Tcelc: What item are you on'? Commissioner Winton: 'l hirty-three. Vice Chairman Gort: Thirty-three, Santiago Echemendia: This is Biscayne Bay. The lease modification and/or acquisition. (INAUDIBLE COMMENTS) Lori Billberry (Director, Asset Management): Lori Billberry, Asset Management. The CRA (Community Redevelopment Agency) Board had referred to the City administration, and a Coamiissioner request that we review whether or not it is a good deal, so to speak, for the CRA to be renegotiating and .allowing the refinancing of the Biscayne View Apurtments. This is a very highly complex deal, and we do not have staff on hand that can do this in a reasonable time frame, and we are concerned that given that there is a refinancing involved, that it would require the City to hire outside consultants to assist in this. This is the CRA property. I'm not sure if they would just want to take on this effort thcntscl� es, as Fhr as the review. Commissioner Teele: But let me just put this in a little bit different context. The CRA does own this properly. It was transferred from the City to the CRA. The issue is really not the property, per se, but the underlying RFQ (Request for Qualification) and agreement that the City entered into with the successful developer, in other words, while this is a CRA facility, everything legal underlying this -- this was a City bid, it's a City contract, it's a City deal, which we've assumed. And, 1 mean, we are responsible for it now. But rather than having two or three parties involved in this, it just seems to me that since all the records are with the City, all the process was with the City, that the City should basically adVise the CRA on how to proceed. This is a complicated, complicated deal, But whether the CRA proceeds or the City proceeds, we've got a request to literally restate the agreement. We've got a request to convert the underlying leasehold interest to a fee interest, and a series of things that were done by the City. And again, it's the same thing that we're in with the Sawyer's Walk litigation. Ft's the same thing that we're in with the Poinciana Village — I mean, not Poinciana Village but -- yeah, Poinciana Village, as well as the other -- All of these deals were City deals, City RC'P's, City responses, City Commission approved them, and, of course, the CRA assumed them. And all we're saying here is that rather than having the CRA do it and then the City review it, you know, 1 would just as soon see the City do it, and then approve it and send it to the CRA for ratification, which you -- obviously, if the City Commission approves it, it's going to he ratified by the CRA Board. 431 .luly 2G, 2001 Commissioner Winton: Are there two separate things that are trying to he accomplished here? Mr. Echemcndia: Yeah. Commissioner, may 1 speak to that for one second? Alejandro Vilarello (City Attorney): Commissioner, if I can, for a moment. Bill Bloom, which is special counsel to the CRA, has prepared a review and -- ofthe agreements and the proposals made by Mr. Lchentendia's client. 1 was in the process of setting up a meeting between the Manager, and myself and Mr. Bloom to go through that process. Apparently, Ms. Bianchino has already gone through it a little bit in more detail, and is concerned about their ability to analyze that. But at this point, we haven't even discussed this Issue with Mr. Bloom, who may he able to help us through the process a little hit. Commissioner Teele: But you know what? No matter what, if Ms. -- if Dena is saying what slic's saying, clearly, the CRA would be saying the same thing Dena's saying. The issue here is, %+ho -- 1f the question is --I'll move that the City be instructed to analyze the deal and seek to be reimbursed by the CRA, which will obviously seek to he reimbursed by the company requesting the matter belorc us, either directly through to the City or directly -- or indirectly through the CRA. But tite real issue here -- it's no need to argue about this. The CRA doesn't have the ability to analyze the deaf. The City is saying -- Commissioner Winton: So hire a consultant. Commissioner Teele: Let's all go out and hire a consultant. Dena Bianchino (Assistant City Manager): We have a real estate consultant under contract now. We would be pleased to work with hint on this. Commissioner Winton: A real good one. Ms. Bianchino: And he's very good. It's an issue of time for our staff. We just don't have the time to get it done. Commissioner Teele: I would move that the City staff he instructed to retain the services you deem appropriate, and to present the bill to the CRA for reimbursement, with the understanding that the CRA is going to seek to have the funds paid by the moving party for any such transaction. Commissioner Winton: Second the motion. Mr. f?chemendia: Commissioners, just -- Santiago Echemendia, on behalf of the applicant. Just kind of a friendly amendment or note, if you will. There are two separate things here. One is the acquisition of the fee, which is doing to take a long time. And lite other is the refinancing. And the lender has requested some minor, non -substantive modifications to the lease. We made a lot of progress with Bill before he leli on vacation, and he was ready to recommend on Monday -- he was going to gel back. We were going to get together in the morning to finalize the open 432 July 26, 2001 UWAIM issues and have an addendum to present to the CRA on Monday on the refinancing and the non - substantive modifications. 'Time is really. kind of, of the essence. So to defer it for another month till after August, it really is somewhat problematic, and could put the refinancing at risk. That's the concern. Commissioner Teele: I don't think we're going to defer this. 1 think the real issue here is this: Even a so-called technical modification, if it's that inconsequential, then the consultant will be able to say that in a matter of ten minutes. And they'll write that, they'll send it to the CRA, and we'll respond to that statement. But, I mean, you know, these transactions have a way where these purely technical issues wind up having perhaps sonic very real substanlive -- and I know you would not intentionally misrepresent or mislead us. But if it's that simple and that -- then the consultant will be able to write that, and it'll be no issue. Mr. Cchcmcndia: And along those lines. Commissioner, if we -- if Bill came back on Monday and we finalized the modifications, and he bot together with the City Attorney and the City Manager and said, yon know, I ant supportive of this non -substantive modification, and the City Attorney and Manager said OK, is there any way that we could bring it up before the CRA? Commissioner Teele: If the City Manager's Office said that they view this -- not the City Attorney or Mr. Bloom, but the City Manager's Office said they view this us a non -substantive -- uot a question of legal, but a non -substantive matter, obviously, the CIZA Board would consider that. Mr. Echemendia: Pair enough. Give us that opportunity, at least, because if that does happen, then we could at least take it to the CRA on Monday. Give us, at least, that opportunity. Commissioner Tecle: Yeah. But, 1 mean, you know, the real issue here is I want you to understand, and your client, that the City and the CRA are literally in this matter in the same position, and we're going to work together on it. And obviously, we're going to defer to the Asset Management and the resources that the City has on it. On the motion. Ms. Bianchino: We'll do it as fast as we can (INAUDIBLE). Commissioner Winton: Well, but I think that the -- Cls, Bianehino: Monday is very last to act -- Commissioner Teelc: Yeah. But, sec, this is the point. If it's really that just purely non - substantive, Mr. Bloom and Mr. Vilarello will talk -- Mr. Vilarcllo will talk to the Manager, and everybody will say it's non -substantive. And so it's not that hard. Commissioner Winton: Right. Only on that one issue. Mr. Echentendia: Dena, it's a two-page amendment to the lease. So if' Bill says it's OK, and he confers with the Manager and the City Attorney, and you are OK with it, then maybe we could take it to the CRA, 433 July 26, 2001 Commissioner Tcele: But let me just -- let's put this on the record so that -- everybody is, you know, soft -shoeing this thing, and obviously, this is a dear friend of mine, and I have tremendous respect for counsel, who's adequately -- very, very competently representing his client. This is the old soft shoe. The problem is this: This client has never paid the City or the CRA one dollar ($1). The arrears or the accrual under this totally complicated Ph.D. in cyberspace economics probably means that you all owe its about -- right now, about what? Mr. Echentendia: Six hundred thousand dollars (S600,000), approximately. Commissioner Tecic: Six or seven hundred thousand dollars ($700,000), using their number, which 1 think it's a lot more. But in any event, they're saying to me and to the CRA, we don't have to pay you, even though we may owe you ten million dollars ($10,000,000) in ten years, 15 years. You're not going to get a dollar ($l) from us because of (lie way this document is drafted. So the question becomes: Wily should we give them anything at all, whether the financing is on the line or not, if we don't have an agreement that they're going to bring its current? You see'? So this so-called non -substantive thing, at the end of the day, it's got about six hundred thousand dollars ($600,000), by counsel's admission, which my position is real clear. If they owe us six hundred thousand dollars ($600,000), and the agreement underlying this says they don't have to pay us until they're in a positive cash flow situation, and by our own admission, we all agree that theoretically, they don't have to pay the CRA or the City for the next 20 years, theoretically, based upon the way the agreement is written. Which means, why should we facilitate their refinancing it -we ain't going to be at the -- You know, a refinancing, everybody sits around the table and smiles. Mr. Echemendia: Can I answer that question, Mr. Teele? Commissioner Winton: i'll tell you, Commissioner Tcelc, I think your point is so right on. And it's a shame, however, that the competent legal counsel that we give it lot of money to, which is Bill Bloom of l Tolland and Knight, didn't have this stuff tied up, wrapped up in our hands a week ago or two weeks agcy, if this is such a crucial, time -sensitive issue that has to be heard on the CRA Board by Monday. it's a shame that that didn't get all wrapped up, so that we could have had -- Vice Chairman (port: Some information. Commissioner Winton: - a reasonable debate and made the right decision, because you only get this chance once. Mr. Echemendia: Commissioner Winton, Bill has been very responsive. Unfortunately, ho left on vacation when we were -- Commissioner Winton: Yeah, 1 heard that already. Mr. P.chemendia: -- a week and a half ago, so we were unable to wrap it tip, In response to Commissioner Tecle's question, or his concern or suggestion, the (case does require the City's 434 July 26, 2001 IIIZ17Li[i cooperation with respect to modifications requested by a lender. What the refinancing is actually going to do, it's a really -- it's a win/win for the City. It's going to eliminate -- it's tied to a foreclosure, which is pending and is going to take place August 7`". It is going to eliminate forty million dollars ($40,000,000) of debt under the leasehold, and bring it down to seventeen, and cause a positive cash flow to the City during the seven years of the term of that loan. So it's really a win/win for the City, and 1 think Bill will tell you that come Monday. Commissioner Tecle: I'll ask my question again. At the closing. how much money is the City or the CRA going to get? Mr. Echemendia: I think that's one of the open issues to be negotiated on Monday. Commissioner Teele: Well, so my -- you know. Vice Chairman Gort: All right. Commissioner Winton: So Monday. Monday. Mr. Echemendia: 'Chat's one of the open issues. And the CRA may say, no, but at least give us that opportunity. Vice Chairman Gort: 'Thank you. Commissioner Tecle: On the motion. Mr. Echemendia: Thank you, Commissioner. Commissioner Tecle: Did we carry the motion? Vice Chairman Gort: There's no action. Mr. Walter Foeman (City Clerk): No, we have not. Vice Chairman Gort: There's no action. Commissioner Teele: There was a motion to instruct the City -- Commissioner Winton: Oil, yeah. Right. Commissioner Teele: -- Management -- Commissioner Winton: Second. Commissioner Teele: -- to enbuge. et cetera, et cetera. Commissioner Winton: Right. Second. All in favor? 435 July 26, 2001 0 • Vice Chairman Gort: All in favor state it by saying "ayc." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-810 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO RETAIN THE SERVICES OF CONSULTANT TO ANALYZE THE PARKS PLACFJBISCAYNE 13AY APARTMENT'S AMENDMENT TO THE GROUND LEASE IN ORDER TO ACCOMMODATE CERTAIN REQUIREMENTS TO THE LENDER; FURTHER DIRECTING THE MANAGER TO SEEK REIMBURSEMENT FROM THE COMMUNITY REDEVELOPMENT AGENCY (CRA), WHO, IN RETURN, WILL SEEK TO BE REIMBURSED BY THE DEVELOPER. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: 436 July 26, 2001 85. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, BY ADDING NEW SECTION 926.17 AND AMENDING SECTION 926 ENTITLED "SIGNS SPECIFIC LIMITATIONS AND REQUIREMENTS," TO i1 MANDATE EFFECTIVE , 2001, ELIMINATION OF ADDITIONAL OUTDOOR ADVERTISING SIGN SITES OR LOCATIONS WIT14IN BOUNDARIES OF CITY AND PROVIDING THAT OUTDOOR ADVERTISING .SIGNS IN EXISTENCE AS OF EFFECTIVE DATE OF THIS ORDINANCE SHALL CONTINUE TO BE GOVERNED BY PROVISIONS OF ORDINANCE NO: 11000. FIRST READING; ORDINANCE: AMEND SECTION 18-102 OF CITY CODE ENTITLED "FINANCE/PURCHASING AND CONTRACTS GENERALLY" TO AUTHORIZE MANAGER TO DEBAR AND SUSPEND ANY ENTITY CONTRACTING WITH CITY FOUND IN VIOLATION OF ZONING ORDINANCE OR ANY OTHER CITY ORDINANCE OR REGULATION AND FOR WHICH VIOLATION REMAINS NON- COMPLIANT OR FOUND IN VIOLATION OF ZONING ORDINANCE OR ANY OTHER CITY ORDINANCE OR REGULATION AND FOR WHICH CIVIL PENALTY OR FINE IS DUE AND OWING TO CITY, DIRECT CITY ATTORNEY TO ADVERTISE IN NEWSPAPERS OF NATIONAL CIRCULATION, NAME, CORPORATE IDENTITY AND ANY OTHER PERTINENT INFORMATION RELATED TO VIOLATIONS OF CITY OUTDOOR ADVERTISING REGULATIONS FOR PURPOSES OF SOLICITING INFORMATION FROM GOVERNMENTAL AGENCIES REGARDING SIMILAR OR RELATED VIOLATIONS. Commissioncr Winton: Now what? Vice Chairman Gorr: OK. Now, do we have any other items? Commissioner Teele: 011, we've got a whole supplemental agenda. Commissioner Winton: We have a supplemental agenda. Commissioner Tecle: Where's the supplemental agenda? Vice Chairman Gort: Where is it? Commissioner Winton: Pockct items. Vice Chairman Gori: Where is the supplemental agenda? Commissioner Teele: Where are we on the billboard before we all zonk out of here? What item number is that? Commissioncr Winton: I thought they were all betting cut down. Alejandro Vilarello (City Attorney): That's Supplemental Agenda Item 11. 437 J u I y 26, 2001 0 Vice Chairman Gort: Where is it? I don't see it. Commissioner Teele: Eleven'? Commissioner Winton: it's the supplemental agenda. Commissioner Tcele: Could we bring that up? Vice Chairman Gort: I don't have a supplemental. 0 Commissioner 'reele: Could we get it report from the Manager on ]low many billboards have been removed, and where we are in this billboard process? Carlos Gimenez (City Manager): Yes, sir. Francisco Garcia: Good evening, Commissioner. Francisco Garcia, Assistant Director of NET (Neighborhood Enhancement Team). in response to your question, I will tell you that following the instructions of the City Commission, what NET has done has been to identify all of the billboards within the 200 -- we had previously done it anyways, but we've certainly gone back and checked all the billboards within the 200 foot mark from the limited access highways. We further, again, pursuant to your instructions, met with the City Attorney's Office, and we were informed that there were Federal statutes, which might entail that the removal of some of these billboards would entitle their owners to compensation. At that point in time, we were advised to let the City Attorney's Office review each of the cases we are preparing for each of these billboards on a case-by-case basis, and we are proceeding to do so. Commissioner Teele: Have you all evaluated each of the nine billboards, ten billboards that were supposed to be -- what was it? -- west of 95? And are they all to the west, or any to the east? Have you all literally gone through that? Mr. Garcia: Yes, sir. Each of the ten billboards approved by City Commission resolution are exactly where they're supposed to be. Commissioner Teele: And those are clear? Mr. Garcia: Yes, sir. Commissioner Teele: So how many more billboards are there, other than the ten? Mr. Garcia: In the neighborhood of 40 to 45 billboards. Commissioner Teele: I las there been any exchange of information or any sense that -- other than them just sort of wanting to keep talking, and delaying, has there been any sense that they want to share information and try to resolve all of the technical or administrative issues? 438 July 26, 2001 El Mr. Garcia: I % ^' old defer to the City Manager and the City Attorney on that, sir. Commissioner Tecle: Has there been any sharing of administrative information? Mr. Gimenez: With the administration, we have not had any meetings with any billboard representatives. However, i do have a couple set for next week. The City Attorney apparently has had some conversations. He can speak about it himself. Mr. Vilarello: I've had conversations with several of the companies, including Eller. At this point, however, they have not agreed specifically to share information with regard to permits and documents that they have related to the billboards that they have in the City. Commissioner Teele: Does the City have the power to move forward now and to eliminate any more billboards ever being constructed in the City of Miami? Mr. Vilarello: You could commence the process for an ordinance, which would prohibit billboards in the future. Commissioner Teele: All right. llas such an ordinance been drafted? Mr. Vilarello: Yes. Commissioner Teele: With the Chairman's permission, I would like to ask that an ordinance that prohibits any Further billboards being built in this City be read, without regard to C-1 industrial, C-2, anywhere else in the City of Miami, please. Mr. Vilarello: This would have to bo through the entire zoning process, through the Planning and Zoning Board. Commissioner Teele: Right. But there's been no real exchange of information between the billboard company and -- because before, they were saying, oh, we've got all these administrative questions; if we could just sit down, if we could have a little bit more time. And what I realize now, that time -- you know, obviously, this business makes a lot of money every day that you can keep talking. So there's been no flow of information. You know, you've bot this sign right, we've got this one wrong. Somebody was saying, oh, you gave us a summons for a sign that doesn't exist. We think, you know, we're within -- You know, there's been no effort to narrow the issues at this point. Mr. Vilarello: Commissioner, we have had conversations with the members of the industry and we've focused on legal issues. The Manager -- Commissioner Tcele: 1"m talking about the Manager. Mr. Vilarello: The Manager has a meeting set up with several members of the industry some time next week. 439 July 26, 2001 Commissioner Teele: Yeah, but they knew this Was the last sleeting of' (lie suninler, see. So they -- That's what I've been saying. They planned to just stretch the thing. And they know, in Scptoniber, we're not going to have time to deal with this issue. Mr. Vilarello: In tcnms of requesting permits with regard to their signs and information that they have with regard to their signs and when they went up, we have not requested that. But perhaps the industry will -- Commissioner Teele: That was something they said they would be willing -- Back in May, ,lune, they said, if we could just sit down with the management or the attorneys, wc'd resolve sonic of these issues. Could you read the ordinance, please, the ordinance of the City that would -- Note for the Record: The City Attorney read the pending ordinance into the public record by title only. Commissioner Tccle: This ordinance, as read, does not affect any of the existing signs, but it merely says now that \Miami is moving toward being like about ten other cities in the State that basically arc saying, no more billboards. It doesn't of iect anybody in existence now; is that right? i mean, until it's enacted, fully enacted. Mr, Vilarello: This wouldn't change the legal position of the signs that arc currently in place. Sonic of those signs are obviously illegal, and this wouldn't approve those signs. It certainly wouldn't allow any new signs. Commissioner Teeie: Mr. Chairman, 1'd like to just hear from the public. 1 have three -- two -- one ordinance and nvo resolutions that I'd like to propose as we continue to basically try to at least engage in a meanimglut dialogue. Luis Rojas: Ani I recognircd, Commissioner? Vice Chairman Gort: Go right ahead. Mr. Rojas: Commissioners, my name is Luis Rojas. I'm at 200 South Biscayne Boulevard. And 1, along with Doug Halsey, who I'm sure has something to say afterwards, we're both representing Her. And Commissioners, right after your meeting last 'Thursday, we immediately called the City Attorney's Office, which was the motion that was passed by this Commission to have the City Attorney come hack with a proposed ordinance that would deal with this issue. We nut with than. We're ready to share any inforniation that we have with them. Sonic of these signs, for example, that were built like, let's say, in 1940, well, you can't have a City pen -nit. But we can show you receipts from Florida Power and Light, who would not have given us that, and we'll share all that information. When we met with the City Attorney, we had a proposed ordinance. That ordinance Would say that all illegal signs come down immediately. We also said that there would be sonic type of a credit system where voluntarily -- and in the case of Eller, 50 percent of our signs would come down. We also said that potentially, there would be a fund that would be created. So we had proposed an ordinance to your City Attorney. 440 July 26, 2001 • • Aller that, we immediately called the Manager's office to try to meet with the Manager. The Manager, of course, was very busy preparing for the last meeting, We do have a meeting set up with the Manager next 'Tuesday. And we do want to express to this Cormmission that there are some had apples. There are some people out there that have put illegal signs. Eller is a public company. It's a company that wants to do business in the City of Miami. It's a company that wants to rectify the situation, and is moving to make sure that all illegal signs come down; that those signs that are legally non -conforming, we work something out that is beneficial to the City. We don't want to go to court. We want to work this out so it's positive to the City, and we have done everything humanly possible. We've tact with your City Attorney. We've asked to meet with the Manager, and we're going to meet with the Manager next week. Vice Chairman Gort: Anyone else'? 1'es, sir. Douglas Ilalsey: Douglas Halsey, also 200 South Biscayne Boulevard. I'm not going to take up more of your time. 1 recognize the hour. But 1 just want to say that we heard the comments from the Commission. We agree that all illegally constructed signs must come down. You have -- Commissioner Winton: By when? Mr. lialsey: Immediately. We have no opposition to this City taking vigorous enforcement action against people who have illegally constructed signs, in violation of the City "Zoning Ordinance. So Eller agrees with that position and strongly supports it. We recognize there are important distinctions out there between signs, which were constructed illegally and signs which were constructed under the City Cade when they were allowed to be constructed, and the Code has changed, and those are non -conforming signs. We've had discussion with the City about case law, Federal statutes, State statutes. We're trying; to work out a compromise on that category of signs that we think would be in the best interest of the City in teens of eliminating the costs, which would he required to he paid for the removal of signs that are protected by statute. We think that with sonic time -- and we're not asking for a lot of time -- we think we can come up with a solution here. So we recognize that there's been a very limited amount of time to resolve this issue, but Eller is committed to working with the City to reach an acceptable solution. Vice Chairman Gort: OK. Commissioner- Tecle: f lave you all removed any signs since this started? Lias Eller removed any signs? Vice Chairman Gort: No. No. They haven't fixed any of them. 'rhe landscaping hasn't been done on any of them. Commissioner Tccle: Mr. Rojas, has Eller removed -- to your knowledge, has Eller removed any signs? Mr. Rojas: Nn, sir. 441 July 26, 2001 • Commissioner Teele: Do you all agree that the signis that were within the 1990 City of Miami Ordinance, that were to be amortized after five years at this point, are illegal signs? Mr. Rojas: No, sir. Commissioner Tecle: Oh. So, in other words, you all are using a real legal technicality that if it was legal when it was constructed, without regard to the amortization, without regard to the fact that the law now says we can remove those signs you -- so your position is, as long; as it was legal when it was constructed, then it doesn't matter anymore? Mr. Rojas: No, sir, 1 don't say that. 1 say that Florida Statute 479, when it talks about its definition, has a delinition of what a non -conforming sign is. Commissioner Teele: No, no. 1 -- Mr. Rojas: And it says a non -conforming sign means a sign which was lawftilly erected, but does not -- which docs not comply with the land use setback size, spacing and lighting provision of State or local law, rule, regulation ordinance passed at a later date. Commissioner Teele: How many signs does your client have in the City of Miami, to your knowledge, roughly? Mr. Rojas: A thousand. Commissioner Teele: A thousand? Mr. Rojas: Yes, sir. Commissioner Teele: And it's your position all 1,000 of those signs are legal and any of them that are there now are just mere technically non -conforming, so you all can continue to just -- Mr. Rojas: No, sir. What we're saying is that there's different categories of sign. 'There's obviously legal -- Commissioner Tecle: Do you all have any illegal signs? Mr. Rojas: We do not have any illegal signs, no, sir. Commissioner Teele: So then under your definition, your signs are simply non -conforming? Mr. Rojas: We have some signs that are non-confonning, we have some signs that are legal, and we have sonic -- Commissioner Teele: That arc whut? 442 July 26, 2001 0 • Mr. Rojas: That are legal. And we have some that have sonic technical violations, like setback, that can he corrected. Commissioner Teeic: So then what you're really saying is you all don't plan to remove any signs. Mr. Rojas. No, I'm not saying that. I'm saying that the City could force us to remove some signs, and we have no problem with -- Commissioner Teele. But why should we -- If you want to conform, why should we force you to renro,e them:' Why don't you voluntarily remove them'? Mr. Rojas: We want to do that. We want to do that. We're -- Commissioner Tcele: What's stopping you'? Mr. Rujas Started? Commissioncr Tecle: What's stopping you? I lerti won't rent you a Loredo or anything? Commissioner Winton: 1 have a chain saw at home. I'll loan it to you. Mr. Rojas: Commissioner, the recommendation that we made to the City Attorney, as per your instructions, would mean that we would rcmuve about SU percent ofour signs that are in C -I. Commissioner'l'eele: Within what time period'? Mr. Rojas We'll do it as soon as you pass an ordinance. We'll do it as soon as you say that you're going to pass the ordinance. We'll do it immediately. Vice Chainnan Gort: OK. Thank you, sir. Anyone else? Anyone else? Mr. Attorney, where are we'! Commissioncr Tecic: So does that assume that everybody else in the industry is standing mute, or giving us the wave'? Vice Chairman Gort: Mr. Attorney, where are we standing? We've given some instructions to the administration and to yourself. Where are we on those? Mr. Vilarello: At this point, we have a meeting set with, apparently, at least one member of the industry next week with the City Manager. Vice Chairman Gort: i understand about the meetings, but we instructed to you about a month ago, you and the administration, to take all steps to get rid of these illegal signs. What are we doing on that? 443 July 26, 2001 .uidFAM • • Mr. Vilarello: In terms of enforcement, the administration can respond. Frank Rollason: Right. Frank Rollason, Assistant City Manager. The C -1's have been noticed on violation. 'They're going through the process, and we'll start going before the Code Enforcement Board in September. The ones that -- Commissioner Teele: In September'! Vice Chairman Gort: No. We -- Mr. Rollason: Let me tell you where we're at, so we can understand. The C -1's were already noticed through the process before we came and got the direction to do the accelerated thing in August. So those are going through the process and will start to appcur before the Code Enforcement Board in September. The ones that we were directed to put our emphasis on in the August were those along the highway. In our meeting with the City -- Commissioner Regalado: Frank -- Mr. Rollason: Yes, sir. Commissioner Regalado: -- plus the two in Southwest -- Mr. Rollason: Right. Commissioner Regalado: -- 8°i Street and 51" Avenue. Mr. Rollason: I understand that, We had a meeting with the City Attorney. 'there are some complications with the ones along the highway, and we are researching those at the moment. We com to the ones in the C-2. We've directed NET to go forward with the violations in C-2 and go forward with those, and they're in the process of doing the violations in C-2 and noticing those. Commissioner Tcele: Are you saying, Frank, are you really saying that here we are in July -- this has been going on literally since September, when we formed the committee. We heard in earnest from them in January or Febmury. We agreed in -- what was the last month of legislative session this year'? hi April or May'? Mr. Rollason: April/May. And then we had the 60 -day -- we had to wait. Commissioner Tecle: We agreed in April that we were going to just let the legislative session play out, and then in May, we were going to give everybody their notices. And now you're telling us now that you all are going to start putting out the notices in C-2? We've not done them? Mr. Rollason: No. What we did was, we put the emphasis on C-1. That was -- And we were also to come back with a report to this Commission, and meet with the industry, and there were things that added time, and we were not going to go out in good faith and do the violations and 444 July 26, 2001 IIMaws have a meeting with the industry that meant nothing. So we scheduled a meeting with the industry that was held here in the chambers, and then came back to the Commission with a report that Mr. Wheeler put together, that you had the report that you had. The C -I's had already been sent out as violation, because we got the direction from the Commission to go forward with those that were not supposed to be in C-1. And the next set of violations to be done are the C-2'8, and the direction from the Commission in the interim was to do the ones along (lie highway and the two Ilia( Commissioner Regalado spoke about. And part of that due diligence of doing those is not just having NET nun out and send violations out on the ones along the highway, because there are sone concerns of -- that we do the right thing on behalf of the City. Commissioner Teele: Well, we all want to say on the record we want to do the right thing. Mr. Rollason: Right. Commissioner Tecle: But it just seems to me that if there are ten legal signs, based on a 1990 ordinance, and by everybody's admission, there's at least 40 or so other signs there -- Mr. Rollason: About 50 of them. 'There's a total of about 60 from the last count, and those are the ones that we're talking about with the City Attorney, that we are going over to see what's the best methodology to deal with those. Mr. Gimenez: And those need to he handled on a case-by-case basis because, apparently, there is a Federal law about signs on the highway. Mr. Rollason: highway Beautification Act and all that. Commissioner Teele: Yeah, but that's Ladybird Johnson. That stuffs old as site was. I mean, you know, come on. 1 mean, you know, don't let these guys start hiring a bunch of Philadelphia lawyers and getting everybody confused. We need -- Have we filed a response or an answer to the lawsuit that has been filed against the City, Mr. Attorney'? Mr. Vilarello: Not as oftoday. Commissioner Teele: Is anybody from the City about to leave and go start working for the sign - - Because it seems to me like this place is all wrapped up, and we can't get anything -- I mean, the lawyers haven't responded. They filed -- went out and filed a lawsuit immediately and, yet, it's taken us two weeks and we haven't even filed an answer. And I will tell you, Mr. Attorney, I'd like to move two ordinances. The ordinance has been read into the record. It's been moved. This is an ordinance that simply serves notice that the City of Miami, once this ordinance goes into effect, will not have any more signs ever, ever in the future. This town is going to be closed down from signs. And I would move the ordinance for first reading. Commissioner Winton: Second. Vice Chairman Gort: That was moved and seconded, It was read already'? 445 July 26, 2001 • Mr. Vilarello: Yes. Commissioner Regalado: Yeah, but i've got a question. The attorney said that this has to go through the process of zoning. Why is it, if this is a policy decision? Because this is not about any zoning change, Why it cannot be just -- Mr. Vilarello: It is a zoning change. Commissioner Teele: It is a zoning change. Vice Chairman Gort: h is a zoning change. Commissioner Tecle: It's removing the eligibility of these signs -- of any billboard signs from the industrial arca, from the C-2 arca -- C'ommissioner Winton: All areas. Vice Chairman Gort: All areas. Commissioner Tecle: From all other areas. Commissioner Regalado: So this will not be in effect for at least 120 days'? Commissioner Teele: Probably for at ]cast 90 days. But if we -- The Chinese -- Commissioner Regalado: There is no meeting in August. Commissioner Tecle: The Chinese -- Commissioner Winton: Yeah, there's one August 9th. Commissioner'reele: But it'we can't -- it's got to bo now to the -- Commissioner Regalado: To the 'Zoning Roard and the Planning Board. Commissioner Teele: -- to the Planning Advisory Board and all that. But the Chinese proverb, "The journey of a thousand miles starts with the first step." This is the first -- Commissioner Regalado: Oh, yeah. And i think you are right. But I was thinking, meanwhile, are people applying for billboards or -- Commissioner Teele: if they weren't, they will be today. Commissioner Regalado: They arc? Well, can we stop that? 446 July 26, 2001 fiQi1 wl Commissioner Teele: Wait, wait. Somebody needs to say something on the record. Sir, do you Mr. Rollason: I do not know if anybody's applying for billboards at this point. Arc they? Commissioner Regalado: Francisco is saying yes. Commissioner Tecle: Francisco, why don't you just state who you are for the record and -- Mr. Garcia: Yes, sir. i know of at least a couple of businesses where billboard permits have been granted, and they are presently under construction. Commissioner Regalado: See'! That's what I'm saying. Commissioner Tccle: Right hand doesn't know what the left hand is doing. I mean, this is a mess, you know. And that means you all have issued permits, right? That means you all have issued permits, and the Planning; Director has issued approval? Ana Gelabert-Sanchez (Director, Planning and 'Zoning): We have not received -- 1 just checked with the Zoning; Administrator any application for any billboards, any new billboards. Commissioner Tccic: Well, what are we saying here, that this is a vigilante town now'? That anybody can just start putting signs up? hranciscn, are you certain signs arc being built? Mr. Garcia: Yes, sir. I know ol'at least two signs that are present -- that have recently been built and are presently pending inspections, which is to say these applications may have been filed as long ago as approximately a year ago, but it is just now that they arc being built. Commissioner Tccic: But you all arc issuing permits, and construction and it's business as usual. Juan Gonzalez (Chief Zoning Inspector): Yes, Juan Gonzalez, Planning and Zoning. Except for those two that already had been permitted some time, there's no new applications pending, and we are issuing permits, yes. Commissioner Teele: All right. Call the question. Commissioner Winton: Well, it's -- you know, I talk to homeowners that go through, and it's amazing how stull' can get lost in the process with homeowners. I don't know why it's so efficient with billboard companies. You know what I mean? Vice Chainnan Gort: Roll call. 447 July 26, 2001 • An Ordinance entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE, NO. 11000, AS AMrNDED, THE ZONING ORDINANCE OF THE: CITY OF MIAMI, BY AMENDING ARTICLE 9, GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 926; ENTITLED "SIGNS, SPECIFIC LIMITATIONS AND RFIQUIREMENTS," TO MANDATE, UPON EFFECTIVE DAT E OF THIS ORDINANCE,411F. ELIMINATION OF ANY ADDITIONAL OUTDOOR ADVERTISING SIGN SITES OR LOC'AT'IONS WITIIIN THE BOUNDARIES OF THE CITY 01' MIAMI ANDTO PROVIDE THAT OUTDOOR ADVERTISING SIGNS IN EXISTENCE AS OI: THE EFFECTIVE DA'l h OF THIS ORDINANCE'. S1IALL CONTINUE. TO BE GOVF?RNRD BY THE PROVISIONS OF ORDINANCE NO. 11000 IN EXISTENCE ON SAID DATE, AND AS SUCH PROVISIONS MAY 13F, AMENDED; MORE PARTICULARLY BY ADDING NEW SECTION 926.17 TO SAID ORDINANCF NO. 11000; CONTAINING A REPEALER PROVISION AND A SFVER.ABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Teele, seconded by Commissioner Winton, and was passed on First reading by title only, by lho following vote: AYES: Commissioner "Tomas Regalado Commissioner Arthur E. Tecle, Jr. Commissioner Johnny I.. Winton Vice Chairman Wifredo Gori NAYS: None ABSENT: Commissioner Joe Sanchez Commissioner Teelc: Mr. Chairman, t.lie second ordinance is an ordinance that basically provides for debannent; that is, to har anyone who is violating our zoning ordinances from doing; any business with the City of Miami in the future. I want you to also, Mr. Attorney, consider whether or not if they are notorious -- now, that is they've violated laws in other cities and other states -- whether we can, you know, we can export -- import those deburments or those actions that have been taken as a pari of the proceeding. This ordinance doesn't do that. Do you have a copy of that ordinance, Mr. ,Manager -- Mr. Chairman -- Mr. Attorney'? Mr. Vilarello: Ycs, 1 do. Commissioner Teele: Would you read it, please'? Note for the record: The City Attorney read the pending; ordinance into the public record by title only. 448 July 26, 2001 Commissioner Teele: I would move the item. Commissioner Winton: Second. Vice Chairman Gort: Seconded. Any further discussion? Commissioner Teele: Now, this provides for a due process. They have to be found guilty; is that right? Mr. Vilarello: That's correct. Vice Chairman Gort: Right. Commissioner Teele: But once they've been found guilty -- now, like that billboard that they wanted to run tip tonight and put it downtown, would this debar them from being able to do that? And if not, can we continue to look at this and figure out ways that we can bring that in'? In other words, if somebody refuses to remove their billboard, they shouldn't have the right to come downtown and put up some other sign and say, oh, well, you know, that was over there. We're doing this over here. Mr. Vilarello: If they were debarred, they would he prohibited from doing business with the City. It wouldn't affect that situation that you just described. However, we will continue to research that issue. Vice Chairman Gort: OK. Roll call. An Ordinance entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ART1CLl III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/PURCHASING AND CONTRACTS GENFRALLY" TO AUTHORIZE THE CITY MANAGER TO DEBAR AND SUSPEND ANY ENTITY CONTRACTING WITH THE CITY FOUND IN VIOLATION OF A ZONING ORDINANCE OR ANY OCHER CITY ORDINANCE OR REGULATION, AND FOR WHICH THE VIOLATION REMAINS NON-COMPLIANT OR FOUND IN VIOLATION OF A ZONING ORDINANCE OR ANY OTHER CITY ORDINANCE OR REGULATION AND FOR WHICH A CIVIL. PENAL'T'Y OR FINE 1S DUI: AND OWING TO THE CI'T'Y; MORE PARTICULARLY BY AMENDING SECTION 18-102 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DA'Z'E. 449 July 26, 2001 1i1111rAn 0 • was introduced by Commissioner Teele, seconded by Commissioner Regalado, and was passed on first reading by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. '1'eele. Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sancho Commissioner Tcelc. And, finally, a resolution of the City Commission directing tho City Attorney to advertise in newspapers of national circulation the name, the corporate identity and other pertinent information relating to violations -- pending violations of the City of Miami outdoor advertising regulation for the purpose of soliciting information from governmental agencies regarding similar or related violations. I would so move. Vice Chainnan Gort: 1 was under the impression that was already passed. Commissioner Teele: No, we never passed that. Vice Chairman Gort: We never passed it? Commissioner Teele: No. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and seconded. Mr. Rojas: Mr. Chairman, can I be heard on that one? Can i be heard on that one, Mr. Chairman? Vice Chairman Gort: Sure. Mr. Rojas: Commissioner Teele, I would really ask that maybe -- you know, you're going to have a meeting on the 9`h of August, I believe -- that maybe hold that one till the 9`h of August? Mr. Vilarello: I'm sorry'! I can't -- Mr. Rojas: And I'll tell you why. You know, the fact that someone has been given a violation -- Commissioner Teele: Mr. Rojas, you're a great lawyer. You're a great friend. I'll make -- split the difference with you. Let's pass it tonight, and let's ask tho City Attorney to report to us and give us the ad on the 9"' and -- but let's don't keep delaying it. Let's pass it, and we won't mail 450 July 26, 2001 n�l�>►�t� • this out and put this in the Wall Street Journal and U.S. News and World Report until after the 9th Commissioner Winton: Until after we get a report on the 91h about the violators. Commissioner Teele: On the 91h from the City Attorncy. And, Mr. Attorney, would you add that to the special call that we've not voted on yet? Mr. Vilarello: Ycs. Commissioner Teele: OK. Vice Chairman Gorr: OK. There's a motion and a second. Commissioner Winton: Second. Vice Chairman Gort: Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. Vice Chairman Gorr: Thank you. The following resolution was introduced by Commissioner Tocle, who moved for its adoption: RESOLUTION NO. 01-81 l A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO ADVERTISE IN NEWSPAPERS OF NATIONAL CIRCULATION, THE NAME, CORPORATE IDENTITY AND ANY OTHER PERTINENTINFORMATION RELATED TO VIOLATIONS OF THE CITY OF MIAMI OUTDOOR ADVERTISING REGULATIONS FOR PURPOSES OF SOLICITING INFORMATION FROM GOVERNMENTAL AGENCIES REGARDING SIMILAR OR RELATED VIOLATIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 451 July 26, 2001 Mom Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny I,. Winton Vice Chairman Wifredo Gort NAYS: ``one ABSENT: Commissioner ,toe Sanchez Vice Chairman Gort: We deferred as to -- Commissioner Teele: Mr. Attorney, I finally would make a request of the City Attorney to meet with you, Mr. Attorney. This Viacom Company, who's the CEO (Chief Executive Officer) of Viacom? Joel Maxwell (Deputy City Attorney): Redstone. Commissioner Tecle: Redstone? Mr. Maxwell: Chairman of the Board is Redstone. Commissioner Teele: This Viacom Company sued the City; is that correct? Mr. Vilarello: National Advertising sued, yes. Commissioner Teele: Which is a subsidiary of Viacom. They sued us in Federal Court, is that right'? Mr. Vilarello: Yes. Commissioner Teele: Mr. Attorney, I'm a member of the Florida Isar. I've been unanimously confirmed by the U.S. Senate in the past. i would like the opportunity to meet with you to discuss the provisions of special counsel that I want a decision made on the August meeting, because I am not going to let this group of notorious law violators, open and notorious, attempt to intimidate either tile, as a Commissioner, or this City. And I'm going to tell you right up front, there will be special counsel. It's what I want. Because if you all are not prepared to move aggressively, 1 am prepared, as a Commissioner, to move aggressively, and meet them head on, in court, before the Federal judge. i think, you know, for us to he tinkering around with this thing and not have an answer filed, and not have counsel retained, and not have come back in here and said that this is going to happen, you know, it really is an insult to me, as a member of the Bar. The lawsuit, itself, is an insult, particularly when the full history ui'the delays and the misleading, this fares of a committee that was -- that I authored and allowed to happen, and then they didn't even want to deal with any of the violations. This Commission has not only been fair 452 July 26, 2001 and reasonable, this Commission has been deferential to this industry, and it's really boom to our detriment and to the public's detriment. And I think -- Mr. Attorney, if I may -- I think that this Commission is entitled to be aggressively represented, in light of the clear pattern of open and notorious violations that this entire industry has engaged in. And so 1 just wanted to say that to you, you know, on the Bar, on the dais, because I really do think that the manner in which that lawsuit was filed -- we met, and within three days, they had filed a lawsuit. So obviously, it had been prepared. But I think government can respond a little bit quicker, and I really would like, as a member of the Bar, speaking to you, lawyer to lawyer, to have the right to have my otherwise name, that is being defamed, protected. Vice Chairman Gort: And following what Commissioner Teele has stated, that we really tried to work with them, we gave them all kinds of opportunity, and they just came back and laughed at us. And we asked you four months ago, in front of the public hearings that we had here, where we had members of the public, to let's take some action on this. And we need to do it fast. OK. Commissioner Regalado: Mr. Chaimian. Vice Chairman Gort: Supplement 2. SO. 1�II g'T CITY ATTORNEY TO CONJ i-BAIQK ,W,ITH. MECOIX-COOKWW4. ypA 'ION FOIL $1ErT'1' F.NIENTb F,LAVySiJIT RB .ATED TO �US'BENCHES,*-SP.,EC M�ETIIq�' s Commissioner Regalado: Mr. Chairman, since we are ready to do battle on the billboards, I would like to request that the Manager and the City Attorney would meet with the company that we have litigation, in terms of the bus benches, to see it' we can resolve or we can get a settlement before going forward on the legal case. .And if you can do that, then the issue of money, which we were told that has been resolved, would nut he the only one. The issue, which I think that we should address either with this company or with any company, is service, and new equipment -- that is new benches -- but especially services. I keep reporting benches that are broken down for weeks in major streets and avenues, and it's a shame that we cannot address that immediately. Alejandro Vilarello (City Attorney): Commissioner, we've been contacted by counsel representing bus benches, and if that's the direction of the City Commission, we're more than happy to meet with the individuals to discuss whether or not a resolution of that can take place, Carlos Gimencz (City Manager): There was a resolution, I think. Vice Chairman Gorl: We had a resolution. We had an RFI' (Request for Proposals) that went out and that -- Commissioner Winton: Excuse me, Mr. Chairman. Vice Chairman Gort: Yes, sir. Commissioner Winton: I'm sorry to interrupt, but I was talking to legal counsel here. 1 have it conflict with the bus benches legal counsel, and so I liuve to go sit in the back room. Commissioner Regalado: No, you don't have to go. I mean, that's all there is to it. 1 don't know if you require a vote or not, because -- Vice Chairman Gort: No, no. Commissioner Regalado: -- there is a parallel -- Mr. Vilarello: Well, Commissioner, there was a resolution directing me to file a lawsuit against the company. Commissioner Regalado: Correct. Correct. Mr. Vilarello: And we have, and we're proceeding with that litigation. Commissioner Regalado: Correct. 454 July 26, 2001 Mr. Vilarello: You're saying there was a resolution about the RFF! Frank Rollason (Assistant City Manager): There was a resolution -- no. There was a resolution to cancel the contract. Vice Chairman Gorr. Right. Mr. Vilarello: The resolution was directing us to file an action against bus benches. Commissioner Regalado: Correct. Mr. Vilarello: The M,inager had issued an RFP, which is pending. Commissioner Regalado: Correct. Mr. Vilarello: The City Commission -- the last direction of the City Commission was to proceed with the lawsuit. As with any lawsuit, if a party comes forward in an attempt to resolve the lawsuit, we obviously consider that resolution. if the City Commission wishes us to sit down and discuss the -- Commissioner Regalado: Yeah, but we don't have to rescind the earlier resolution of telling you to go forward, not until you tell us if you are satisfied with the settlement. Vice Chairman Gort: If I recall, there was no sculemcnt. We asked him to go -- we had an RFP that had bone out. The RFP was to -- it was due, and 1 don't know what was the due date for that RHP to come in. Mr. Rollason: It's in and -- Vice Chairman Gort: It's been in? Mr. Rollason: It's in. And the committee is in the process of the deliberations to -- Commissioner Regalado: Yeah. but I'm not talking about the RFP. Mr. Rollason: I understand. But, I mean, these -- we're trying to juggle where we arc between these two. That's -- and that is not ready to come before this Commission yet, but it's going through the process of coming before this Commission. Commissioner Regalado: I'in just talking about the legal matter, not the RFP. Vice Chairman Gort: Wcll, that's part of-- the RFP and the legal mutter, those two arc the sante. Commissioner Rcgulado: I don't have any problem at all in leaving the process of the RFP. My only thought was that if we can get out of one of the many cases that we have in court, and if we can get out well, even before, using sonic of the resources, it's fine, The process of the RFP is 455 July 26, 2001 QUOYAW another thing. But 1 think that within the process of the RFP, or whatever process or whatever company, the service, the maintenance and the new equipment should be a priority, not only what they pay to the City, but the response time. Whenever there is an accident, and you see those bus benches for days, and days and days in the middle of commercial intersections. So that is my thought. it doesn't have to tie one thing with the other. Commissioner Tccic: What's your rccommendation? Commissioner Regalado: My recommendation is that the attorney hears their proposal in terms of the legal case, not related to other matters, and then come back and discuss that with the members of the Commission. And then the Commission will do whatever they want to do. Commissioner Teele: But isn't the problem, Mr. Chairman -- there's a bid out there on the street now, is it'? Vice Chairman Gori: There is. And it's already in, and it's being -- going to -- Commissioner Teele: Has the bid closed? Vice Chainnan Gort: Yes. Commissioner Teele: Are the bids received? Vice Chairman Gort: And it's being analyzed by the committee. Mr. Rollason: Yes, it has. And it's being -- Commissioner Teele: Have the bids been opened? Mr. Rollason: Yes, they have. And there's been a process of evaluation on them. We just have not put the package together to come with a recommendation before the Commission. Commissioner Regalado: So is it difficult to separate the two issues? Mr. Vilarello: i don't know what the pending question is. But in terms of any litigation that we have, if a party comes forward and offers a settlement that is acceptable and reasonable to bring forward to the City Commission, we will do that. It does not tie the City Commission's hands to accept or not accept. Commissioner Tcele: I would move, then, to stay further evaluations of the bid, and to instruct the Attorney to come back with a recommendation with the Manager at the next regular Commission meeting. Do you have a recommendation now, Mr. Attorney? Mr. Vilarello: No. But as I understand it, the management wouldn't be able to go forward with a recommendation -- 456 July 26, 2001 TII11L[Qi Vice Chairman Gort: Right. Mr. Vilarello: -- on the RFP until that next meeting, anyway. Commissioner Tecic: But that's my point, to stay -- we need to stay further actions on the R T and clear up the lawsuit. Obviously, if we're going to go forward with the lawsuit, we're going to open up the bids, and we're going to evaluate them and make a recommendation. If we're going to settle the lawsuit -- Is it an exclusive? Are these bus benches exclusive or non- _ exclusive? Mr. Vilarello: Tt would be exclusive for the term of the agreement. Commissioner Teele: Is the current contract exclusive? Mr. Vilarello: Exclusive for the term of the agreement. Vice Chairman Gort: Yes. Commissioner Teele: So obviously, if it's an exclusive contract, if we agree to settle, we can't -- Mr. Rollason: Thcn we -- Commissioner Teele: You know, and it's -- so what we ought to do is just stay the bids and instruct the Attorney and the management to come back at the next regular Commission meeting with a recommendation. And if the recommendation is to settle, that'll be the end of the bids. If the recommendation is to go forward, we'll open up -- we'll come back at the following meeting and bring that forward. Mr. Rollason: We'll continue on the process. Vice Chairman Gort: Let me give you a little brief history. Maybe we forgot all about this. The existing contract, my understanding, it was in violation, and they didn't make a payment, and the - Manager accepted the payment, although they were late, beyond the (late that was set by the Manager to settle it. An extension was given to this party, and then an additional extension was given to them. And we asked the Manager to terminate that contract. Commissioner Regalado: And we didn't. But my thought on this one, with only the legal case, just to get out of one of so many legal cases, because 1 think that we have so many important battles to fight. And it does -- i don't see why we have to tic this to the RFP process. I just don't see it. it's either we continue with -- Commissioner Teele: Well, I'll tell you why. Because if they go through with the RFP process, whoever conies up number ono is going to be standing down here saying, we won the bid, you should have given -- You see, if you lel them continue that process -- Right now, nobody can say, we won it, we're it, we're that. The day they finish it, the next night somebody will, you know, get out and then they'll come down with their lawyers, and we'll have another lawsuit. 457 July 26, 2001 100M Commissioner Regalado: But they have a committee already that has selected — Mr. Rollason: No, we have not completed the process. Mr. Vilarello: Commissioners, I think the direction is clear. if we can come back with a recommended settlement, we will, at the next meeting. If we can't, the Commission is free to proceed on the RFP. Commissioner Tccic: But. Mr. Altorney, don't you agree that if they bring that process to completion, that process will empower some party to come here and say, "1 won that bid and you should aware it to the "t Right now, everybody is in the same boat. nobody has been recommended, and so we need to stop that recommendation from coining forward, in my judgment. But if you -- Mr. Vilarello: Ifthat's the will of the City Commission, that's fine. Commissioner T'ecle: Sec, that's the problem. If you evaluate it, somebody's going to say, "I won." 'Then you've bot a big problem. What do you want to do, let the process bo forward? Commissioner Regalado: Let the process go fonward. I mean, I -- Commissioner'Tecle: I'm trying to do what you want to do. Commissioner Regalado: No, I'm -- Look -- Commissioner Tecle: It's late. Commissioner Regalado: -- the only thing that 1 -- Vice Chairman Gort: 2:18 a.m. Commissioner Regalado: Well, the only thing that 1 wanted is for the Attorney to explore. Why don't the Attorney explore the possibilities, and contact us and even before the next meeting we. can -- Can we, on the 6`'', make any decisions on other issues, other than the three that we have not voted on yet? Mr. Vilarello: You mean August 91h'? Commissioner Regalado: The 9`h, yes. Mr. Vilarello: I think we're tip to four or five, but we could add this to it, as well. Commissioner Teele: Jeez, we're going to have a real tuectinb aller a while. Vice Chairman Gort: We're going to have a regular meeting. 458 July 26, 2001 Commissioner Tecle: But don't we also have an executive session before that? Mr. Vilarcllo: We have an executive session at 1:30. We have the Charter Review Committee. We have the Citizens Investigative Panel. We have the race. Commissioner Teele: The I.,eMans race. We have the billboards. Vice Chairman Gort: You're going to have to start lining them up. Mr. Vilarello: We can have the billboards. Commissioner Regalado: We have the billboards, so you can just do this one, too. Mr. Vilarello: And we also have the parking surcharge referendum question. Commissioner'Teele: Why not, give him his issue. Commissioner Regalado: Hey, why not'? Commissioner Teele: Add this. Mr. Vilarello: We can add bus benches to that, as well. Commissioner Regalado: Yeah, add bus benches, and then we get it out of the way. Vice Chairman Dort: Dena, do we have any P7. (Planning and Zoning) left? Commissioner Regalado: The sooner, the better. Vice Chairman Gort: Yeah. I mean, ifwe're taking all this, let's take some PZ, too. Commissioner Tecle: So the motion would be to add this item for a recommendation by the City Attorney for the settlement. Commissioner Regalado: Exactly. Commissioner Teele: Second. So ordered. Vice Chairman Gort: What is the motion? Commissioner Regalado: To bring it back. Commissioner Teele: To add this item -- Commissioner Regalado: To add this item on the 6�h 459 July 26, 2(X)1 I 11 • Vice Chairman Gore OK. It's been moved and seconded. All in favor state it by "ayc." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 01.812 A MOTION DIRECTING THE CITY ATTORNEY TO COME BACK WITH A RECOMMENIAATION FOR SETI'LI-I'M ?NT OF LAWSUIT RELATED TO BUS BENCHES ON THE SPECIAL COMMISSION MEETING OF AUGUST 9, 2001. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the followinp, vote: AYES: Commissioner Tomas Regalado 460 July 26, 2001 0 • $7.OQN FUT$'.PROPOSL MA--SEPTEMbk1k-3'6.- AOAEF. IY. ,H 2002.1, 2001 *AND LINDOI- G ININ, . Vice Chairman Gort: S-2 was deferral. S-3 is the -- operating the millage. Commissioner Tecle: 1've lost my supplemental agenda. Vice Chairman Gort: 8.95 and add 1.218 to a total of 10.23. Do I have a motion? Commissioner Tcelc: So moved. Alejandro Vilarcllo (City Attorney): I'm sorry? Commissioner Teele: What are we doing? Vice Chairman Gort: Setting the total millage rate. General operating is 8.995, debt service 1.218. Commissioner Winton: You could have at least called me out of the hack room. Mr. Vilarello: Everything was moving so quickly. Commissioner Teele: You know how that works. Everybody is -- Commissioner Winton: Is this a movie? Mr. Vilarcllo: No, millage. Vice Chairman Gort: Millage. Commissioner Teele: S-3. Commissioner Winton: Isn't that what we agreed to? Isn't that what we agreed to in the budget? Vice C.liairnan Gort: Yes. Carlos Gimene7 (City Managcr): But you have to announce -- Vice Chairman Gort: We have to make a motion. Commissioner Winton: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Tccic: Second. 461 July 26, 2001 :1i Vice Chairman Gori: Any further? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner'Teele, who moved for its adoption: RESOLUTION NO, 01-813 A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A PROPOSED MILLAGE RATI' FOR THE CITY OF MIAMI, FLORIDA, FOR FISCAL. YEAR BEGIN.NTN TG OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002, PURSUANT TO SECTION 200.065. FLORIDA STA'fl1'1'1-S (2006); DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR, TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED '.VILLAGE RATE AND THE CITY'S TENTATIVF. BUDGET):OR SAID FISCAL YEAR. (I sere follows body of resolution, omitted here and on the in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: NAYS: ASSENT: IDDMEE- Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Witredo Gort None Commissioner Joe Sanchez 462 July 26, 2001 • r i1s)S :ON R"s$IUL Gl j Qom'TFT'i' Vice Chairman Gort: S4. Date for the September hearing, for the budget hearings. Linda Haskins (Director, Budget Department): Yes. We have a problem with the September 27`h dale. It conflicts with Yom Kippur. We can't have budget dates that conflict with Dade County or the School Board. And what we are suggesting is to change the September 271h meeting to either September 24'x' or September 25"' of 2001. Commissioner Winton: Why can't it be that theirs can't conflict with ours? Ms. Haskins: Well, it's the same. They can't conflict with us, either. Commissioner Teele: State law. State law gives the County -- Alejandro Vilarello (City Attorney): County, School -- School Board. Commissioner Winton: OK. 463 July 26, 2001 VI iNA.TI% .I. PI'IIaNE U � WFIDIUVINp" , . , , { ,d. �,.,� Commissioner Regalado: And by the way, 1 have a very brief question for the City Attorney. The County has approved, in principle, a -- sort of an ordinance banning the use of cellular telephones. Would that include the municipalities -- all municipalities? And the enforcement of that -- Commissioner Winton: Falls to whom? Commissioner Regalado: -- falls to whom? Alejandro Vilarello (City Attorney): It's a County ordinance. If it is applicable Countywide, it would fall to -- it would be enforced by any police agency within the County, within their respective jurisdictions. Commissioner Winton: So the County Police would have to enforce that within the City of Miami? Mr. Vilarello: The City -- any Police Department. It would be a Countywide ordinance, and -- Commissioner Winton: What a baloney deal that is. Mr. Vilarello: -- our police would have to enforce. Commissioner Regalado: That will be a burden to the Police Department. That's what I'm -- that's what I asked. Commissioner Winton: We don't have enough money to enforce that. We're cutting everything. 464 July 26, 2001 �o:• ���m. �E `-;s��ort>� - ��crur:. �r�x `� -��0��i1;�iQN' �a�,�, a ��oFR-15, 2001 - Vice Chairman Gott: My understanding is, stats' is recommending that we meet on September 24'h or 25'h. So I'd like to see it on the 25'x' Commissioner Winton: Hither one is fine with me. Vice Chairman Gort: Do I hnve a motion to have the budget hearing on September the 25th? Commissioner Winton: Is that an all day deal? Vice Chairman Gort: Come on down. It's the regular agenda. Commissioner Winton: Well, that's a Commission meeting, then. A regular agenda -- Vice Chairman Gort: It's a Commission meeting where we'll have -- yes. Commissioner Winton: OK, got it. "twenty -filth. So moved. Commissioner Teele: Second. Commissioner Regalado: 'Twenty-fifth is a -- Vice Chairman Gort: It's moved and seconded. Alejandro Vilarello (City Attorney): Mr. Chairman, so it's -- Commissioner Regalado: Excuse me. The 25`' is a Tuesday? Commissioner Winton: Yes. Vice Chairman Gort: Yes. Commissioner Regalado: OK. Mr. Vilarello: So it's to have the budget meeting, as well as the regularly scheduled Commission meeting -- Vice Chairman Gort: The regularly scheduled Commission meeting, OK. Mr. Vilarello: -- on the 25`', instead of the 27th. Vice Chairman Gort: Twenty-fifth, right. 465 July 26, 2001 0 Mr. Vilarello: We'll prepare a resolution for that. Vice Chairnian Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. • The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-814 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF SEPTEMBER, ORIGINALLY SCHEDULED FOR SEPTEMBER 27, 2001, TO TAKE PLACE ON SEPTEM13ER 25, 2001, COMMENCING AT 9 A.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Tecic, the resolution was passed and adopted by the following vote: 466 July 26, 2001 =1111111115 9 • ,. NO'S ON T00PO SQo$4- "`�"7'Y7-JULY1,�: Vice Chairman Cort: S -S, we deferred. S-6, 1 think the Microsoft and Global, we had all that information already. Drank Rollason (Assistant City Manager): Took place, went well, everybody is happy. Vice Chairman Gort: My understanding is the feedback was great. Everybody loved it and they want to come back. si; rcza> rw}ro o i air ty "�rx�x R fi •}: n r rx�.gp x..a ; �y rys ' ,i.} . �1`k` r �= r - _� +• x� -"" 'kd e*� �- i .: a� � : y t 5 e,� #�a t- +'ak- ^i +. -` # sx r�` t a.. Y'. _ M t 1� 'i 1k..�kS L X5 �'A � � t3 �� FSyr� � ry £ ^�t� `i �. ,�� , �' +1. a�:^� ,, {• . kE saw `rvn r e,f, -,. ra &ai yr r �} '� rt,• iu '� ?' P'e7z t, . 'ta„fia } w`t f x - �# a� awv'rK`y'. 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L "i4t'r 'tom .ao. ryA+^ k i 'tt i•� a1 'f..a,�+?T �."s �bS�`°` .a �p �7 ""�,y��'�„� � .�+�»rrn.n tom,' �t �•5 $ i”" �t + � , +'�'` '" " - ,�'++r {„ ,� n``'�`.,b a y r� �.rr s,c •Yui'' S 3 }' -4r, t'.' y�,,..ty, e� 't* hw e 'k pi'�R,..K`�znr T €"7t• Y > t �" k. $ RkY A a dx p .Y. ,y ., .+, >i�G ��.bt << iJF Jit �• ��t� 7d -e • .• a + � °s ' : ' '"- tr a � x �^ � �t.: a r >#r �' .�. #� xn r t �"� ��t s w$ fi # tT { F 467 duly 26, 2001 =J 92, (A)� MANAGER TO MAKE RESOURCES AVAILABLE FROM PUBLIC WO; DEPAR7?i1BNT; CoMm NITY DEVELOPMENT DEIrARTM1~NT ANIS.. NtT TQ ;MOS CITY KQMEQWN, BRSHIP TRUST; . MANAQBR Tp;'DIREC D. - CTOR QP° ti ; WOMS .16;, -',SLIP MIT. LIST OP LOT CLEARANCE --P1l OVIDF.RS . WHo �AN� x CAMP,ET�I' I l LY SELECTED, •BY COUlv1`Y OR • ANY OTHER •MtiJh 0PAJJTY' OOV MgNT AOANCY FOR PURPOSE OF - 'ALLOWI'lv'G .: lviOp£L" C HOMEOWNERSHIP TRUST TO ENTER, INTO. -CONTRACT . WOR.. CONSUL ENGINF,BR WHO. WILL. COORDINATE PROGRAM TO ) NSVRE THAT'SAIDIPTS;} TRIIvIMEIaANDS MAINTAINED PROPERLY WITH FUNDS 'FROM TBI? MO BL HOM96WNERSHIP TRUST. r, tH); COMMISSIONER TIrELI? REQUESTED Ti�EE SEPARATE P13QC W.". WITHIN -THIS ONE CONTRACT; A COMPETITiVE:PRCC9SS TQ,kLL W OtO.i . BIA ALL QYF,R ' CITY, FOR LOT CLEARANC�; ALLOW � FOR-49AVLT FROM . EN¢INEER;TOGM PRIORITY IN SELECTION. TO `COMPANIES "ANI) INA..CULT; WHQ ,WV- B W1TI�IN�REVITAL. IZATION AREA; -PILOT PROGRAM -a poE , ' ' 1;.1? Q1,v,Br.HIRING' OPPORTUNITY. TO PERSON WHO �REk6A WILT POSI�IVE,':(B) EX- FENDERS OR; (C) OTITER-W-HO�RHAVE -QIV•I FINDING EMPLOYMENT. Vice Chainnan Gort: S-7. Commissioner Teele: Mr. Chairman. Vice C'hairrnan Gort: Yes. Commissioner Teele: S-7. Frank Rollason (Assistant City Manager): S-7. S-7 crosses several departmental lines, and at the direction of the Commission, we sort of want to walk you tluough the steps of how we got to where we got. And it starts off with the Department of Fire, and we've got -- the mire Marshall is here. It also crosses NFT (Neighborhood Fnhanccmcnt Team) and ends up in Planning and Zoning. Commissioner Teele: And Ms. Cooper is right here on the job, looking sharp. Mr. Rollason: Hight. We're ready to go. So I think -- Virgil, are you going to — the fire Marshall, Chief Fernandez, will start it off and explain to you how the violations began and how it -- Commissioner Tcelc: You know what? It's too late. Mr. Rollason: OK. Commissioner Teele: I mean, what 1'd like to do is defer this item to the first agenda in September, and ask that we set up this full meeting or briefing for me. This is regarding (lie churches. 469 .luly 26, 2001 Mr. Rollason: Yes. Commissioner Tccle: And it's just not fair. It's 2:30 at night. It's an important issue, but we can't get any focus on that. Mr. Rollason: All right. And you want to be briefed ahead of line? Is that what you're saying'? Commissioner Tecle: I'd like to be briefed early next wcck on this, please. Mr. Rollason: All right. We could do that. Commissioner Teele: But while you're here, and since we won't do that, we could deal with the issue that was brought up today in ternis of the emergency that's going on in Model Cities, the health emergency. And I'd like to just, if 1 could, Mr. Chairman, try to deal with that very briefly with a quick motion. Mr. Chainnan, Mr. Manager. 1 think it's very clear that the Model Cities Trust process is moving very quickly. Ms. Warren, this would he a good time for you and Ms. Cooper to conic forward, please. And what is going on is this: We have closed on about 150 lots. And that's impressive, Mr. Attorney. However, in closing on these lots, they're now our Model City 'frust property. In other words, we created the Model City Trust. It's ten days old, and already, the problem has begun in earnest. In a simple state of affairs, we've got 110 pieces of property that belong to (lie Model City )'rust. All the paperwork may not have been done, but they belong to them. There's probably anollher hundred parcels of land that are out there. So we've got about 250 parcels of land right now that's nobody's property, because the seller has sold them. The City has created the Trust, and we have a tremendous problem, Ms. Cooper, the NET (Neighborhood Enhancement Team) Administrator -- would you introduce yourself'? -- of the overgrown lots; not only overgrown lots, but rodents, and now very large snakes that are infesting certain areas. We've got pictures of the areas. And what we're trying to do is keep the Model City Trust's credibility from going down. What I'm going to be recommending is essentially to recommend that the Manager be instructed to make the Public Works Department, and other resources, and Community Development and NET available to the Trust. Now, the Trust is the Manager's Chief of Staff and one other person. So we knoll what we're talking; about. But the 'frust i:as resources, but they don't have staff, and they don't have contractors. And so my motion is going to be to instruct the Manager to make the Public Works Department, and his Assistant Managers, and team, Community Development and others available to the Model City Trust; to further request that the Public Works Director submit a panel or a list of names from either the City bid list, the County hid list, or the CRA (Community Redevelopment Agency) bid list, or any other municipal hid lists that have been competitively selected for the purpose of letting the Model City Trust enter into a contract with a consulting engineer, who will coordinate a program to ensure that the lots are not only cut, but maintained, and that the funding, of course, will come from the Model C: ity "frust. That would be my motion. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and seconded. 469 July 26, 2001 Commissioner Teck:: Now, there are two components to this that I'm going to be writing the Trust and asking them to do. First is time. The Trust has got to have a hoard meeting. They've never met. it's Chip Iglesias and Shally Jones. 7 he staff has got to present this to them. The staff has got to present this to them. And I'm going to be requesting that there he three separate programs within this one contract. One, that there he a totally competitive process to allow people to hid from all over the City, to be people to cut the grass. Secondly, that we have a process that allows the consulting engineer to select companies and individuals that live within the revitalization area be given priority. And thirdly, that a pilot program that includes 141\1 (Human Immunodeficiency Virus) positive persons, ex -offenders and other persons that have difficult times getting jobs, that live within the area or reside within the area, be given an Opportunity. And so that's not a pan of the motion. What's going to be the request. Mr. Trustee, that I'm going to be making in writing to you and to Ms. Jones, but it is my hope that this can all he completed within the next week. And so I'd just like to establish oil the record, his. Cooper, that we do have a problem with overgrown lots, that we do have a financial problem. It's not fair to ask the Manager and his departments to take their money now and to maintain these lots, because we've given the money to the Trust. And so, Ms. Cooper, I'd like to just know that we really do have a problem. We do have possums that people have been calling ore about, that are begituting to show up. We do have large snakes, is that true or not? Your name and address or title for the record. Karen Cooper: Good morning. Karen Cooper. Model City NET Administrator. Yes, we do. We are attracting rodents, snakes, possums and their little families, and everybody that conics along with that so -- or everything. The lots are severely overgrown. M'e're in the rainy season, and they're browing even faster. Commissioner Winton: Well, it seems to me you're going to -- you're about headed to another problem, too, and that's going to be soon, illegal dumping, if it's not already there. Vice Chairman Gott: Yes. Ms. Cooper: That's a part of this, as well. Commissioner Tccic: It all begins to just -- Commissioner Winton: So you really need to tic in the NET Police Department and Solid Waste, so that people can literally stake out this place, because it's going to be a great, easy target. And you might want to direct sonic pcoplc to stake this place out, Commissioner Teele, to catch the bad guys, because you better burn a few of them or it's just -- it'll never end. If you don't burn a few of them, it'll just keep going, and going, and going and you never catch up. Commissioner Tecie: I think that's u•uc. But I also think that rather than strictly looking at the police, what we've bot to do is empower the community. And by selecting businesses and individuals that live in that arca, you know, you're going to have an empowered process where the people that live in there, people that were here today, many of them were ex -offenders, said, look, we'd just like to cut the grass. .lust bite us an opportunity. And I think that, Chip, the Trust call form that program, working with Public Works and the Community Development 470 July 26, 2001 YII11Zk� 0 i Office, and we can move forward. But my request, Chip, is that you work with the City Attorney. Let's get the notice of the meeting. Let's get it done. Let's let sonic people come in, and let's try to get this -- I'm mean not try. We've got to get it moving. It's already u neighborhood problem. So the Trust, Mr. Attorney, has the power to let contracts, is that right? Alejandro Vilarcllo (City Attorney): Yes. Commissioner Tcele: They also have the power to expend dollars. And we can't direct them to do either of those things; is that correct? Mr. Vilarello: That's right. They act independent of you. Commissioner Teele: So we're making these resources available. And what I would envision is that Mr. Rollason and Public Works would go to them with a list of three or four companies that they could select. There would be a consulting engineer, one of them, and then put together the plan and have it operational, with the NET process working with them. And so I would call the question, Mr. Chairman. Vice Chairnimi Goit: Gentlemen, it's 2:33. Tecle, I want you to know that you broke the word you gave us on the last time, last meeting. OK. All in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion wits introduced by Commissioner T'eele, who moved for its adoption: MO,r10T No. o1-815 A MOTION INSTRUCTING THE CITY MANAGER TO MAKI; RESOURCES AVAILABLE FROM PUBLIC WORKS DEPARTMENT, COMMUNITY DEVELOPMENT DEPARTMENT ATND NET TO THE MODEL. CITY HOM. UOWNEIZSIlIP TRUST; FURTHER INSTRUCTING THE MANAGER TO DIRECT TIIE DIRECTOR OF Pl1BLIC WORKS TO SUBMITA LIST01. IAT CLEARANCE PROVIDERS WHO HAVE BEEN COMPETITIVELY SELECTED BY THE COUNTY OR ANY OTHER MUNICIPALITY OR GOVERNMENT AGENCY FOR THE PURPOSE OF ALLOWING THE MODEL CITY HOMEOWNERSIIIP TRE IST TO ENTLR INTO A CONTRACT WITH A CONSULTING ENGINEER WHO WILL COORDINATE A PROGRAM TO ENSURE THAT SAID LOTS ARE TRIMMEI) AND MAINTAINED PROPERLY WITH FUNDS FROM THE MODEL CITY HOMEOWNERSHIP TRUST. 471 July 26, 2001 0 0 Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Toole, Jr. � Commissioner Johnny L. Winton Vice Chairman Wifrodo Gort Ya I+TNYS: None ABSENT: Commissioner Joe Sanchez ^ `3TCLO, �r a x j5 1 Y Asx f s .,t. g c+,,, • ,F t f t ry �,.R!"i X 'e s,rt tF i . 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CQNCERNIN(�:, EIVFOjtCF11V1ENT ACIV�'TISj STTANAOAi'I ;�1RI3A, INQUIRY 'BY COMMIS3$ONR= REGALADO V. $T' V#ftb i�S OPERATING WITHOUT PIMMITS. � `• (''.': Vice Chairman Gort: We're at the discussion on Shenandoah, activity in Shenandoah. Commissioner Regalado: I would rather do it some other day. I know more or less what's going on, and it's going to be a very long debate. But I would like to -- you know, i would like just to raise something that is going on in the City, and the Chief of Police is here. Maybe he can address that. And I have received several, several complaints from hotdog vendors. Let me tell you why. The hotdog vendors claim that they arc not allowed by the police or by the NET (Neighborhood Enhancement 'team) Inspector to sell their soft drinks in the stre;cts, However, now, you can sce in every major intersection people with these boxes or with ice, selling Coke, walking around the intersections, and going around the. cars. Now, one does not oppose people working, but I think that this is an organised thing that does not have permits, because I've seen trucks leaving these people with -- and there are dozens of dozens. I counted in Little Havana, in 27'h Avenue, from f'lagler, R°i and Northwest 7"' Street, you've got Ove already. And if you go 37` to '' and 2)"', you bot -- Vice Chainnan Gort: Forty-second Avenue, 37"' Avenue. Commissioner Regalado: Fvcrywhere. So I don't understand why these people can walk through the cars and the hotdog vendors cannot, which they pay license, by the way. Raul Martinez: Raul Martinez, Chief of Police. We have cited some of those people for vending without a license, for obstructing traffic. It's just a matter of the number. It's a new phenomenon that began a fcw months ago. You know, they weren't there six months ago. I guess it's a new trade, "They're selling water raid Coke in the middle of traffic, just like the people that are selling -- Commissioner Regalado: Somebody invented that. Chief Martinez: Oh, they did, And I'm sure somebody's making money from it. Commissioner Regalado: Somebody invented that, and somebody is hiring those people, yeah. Vice Chairman Gort: You have to stop it before it bets going. Commissioner Teele: Before it gets out of control. Vice Chainnan Gort: If not, it's very difficult to stop it. 'Then they'll start going to the radio stations and to the news media, and we're picking on these poor people. Commissioncr Tecle: Just like what happened on the fish market there at Watson Island Vice Chairman Gort: That's right. 473 July 26, 2001 II+I1illll. 0 0 Commiodoner Toole: You look the other way, you look the other way, then w PgmWssioner Winton: Before you know it, they awn it. Commissioner'1'eele: Beforeou know i they'll own it. y ,f<, Y� 4" Y Y tl d Y 5 Z k l d Commissioner Winton: Right. r' Vice Chairman Gort: Ycah, OK. So Chief, please. Commissioner Winton: Next. That's 9. Commissioner Regalado: And you know, what Willy says, he's right. Whon you go outnnd do onfbme, and get these people off the street, in about three or four months, they're going to go to the media and say, you know, we arc making an honest living, and the police that should be out getting the crooks is -- So might as well do it now, because they keep growing, you know. 7 P Y tri r s+.a p ,rii e } r l ex *a3. a r of �y� i�'{'0�: >*�r € e t,nl tir'G .. a S z. .. '' y;x k t�, a .. c .fir rf r. ., 5'1 r 'p ti N 5 4I `r i t'i Sk �"• y> Si rt Y# �,r N 'F* 3` ".t-.0 ixx` t'S."`d k ? ii": �s- tYz ak.+. zk Fw ffiXCr s .:.t ��y a� 3R a apt A, '` sf o f "},ia`� �3& i� €''r i :fit`:-�r`i'a C�.a iSt u -411 )'*� ,SmP,, 1it v r*ts�ip.�' Axais seraca5<zt .�c S -N nk�,r.+*'t'`l5s y%a3�qski �T l��� krmYa�r"sF h"�'xk4' f�fmx %r� S sr r 1}'a s v ety, z Xw'k '� �5�s n `�� e, �� � "�� : aK z � ,« � �� k� � . � � �,.•i� � xr� z�� � A i t a +w � a. t - ala July 26, 2001 • 0 94. AUT1dOME MANAGER TO RB%EASE , FUN T??S RE-WX ED. 'PO, IIC VAT,r OF s' 'RTC 'ED, . CASH; . 554;154.-. HE p BTS FIS,"4 4�q NT _ FO t.PN::11 7111 _ASQWENvaONpS SEIrtYES 10 0. _ _ ', _-_ Vice Chairman Gort: S-9. Commissioner Winton: S-9. Vice Chairman Gort: Discussion concerning the release of funds related to the removal of the -- restricted cash in the amount of $554,148 (sic) held by the fiscal agent. Bob Nachlinger: Bob Nachlinger, Assistant City Manager. At your July 10`x' meeting, the discussion was held to have the City replace the reserve fund on a bond issue for the Community Redevelopment Agency, freeing up that cash fbr the Redevelopment Agency. The City was going to purchase a surety bond to replace that cash escrow. Our recommendation at this point is to move forward with that transaction, but not to purchase the surety bond, simply because those bonds are outstanding at about eight and a half percent interest rate. And this is an excellent candidate that's for a current refunding, and we believe it would be not a wise move to purchase a surety bond policy if we're, in fact, going to do refunding, and that policy would be then out of date. So we're recommending replacing the surety -- replacing the cash escrow, do the refunding, reduce our costs, and then move forward to try to bet a surety bond on that new bond issue, the refunded bond issue. Vice Chairman Gert: How long before you think you can go in the market with the -- and what kind of rating do you think you can get? Mr. Nachlinger: Right now, those bonds are eight and a half. I'm relatively sure we could probably cut that cost by about three percent. Vice Chairman Gort: Three percent? Commissioner Tcelc: Move the item. Vice Chairman Gort: It's worth looking at. Commissioner Winton: Second. Vice Chairman Gort: it's moved, seconded. All in favor state it by saying "ayc." Commissioner Teele: But Commissioner Gort's raising the question. You know, when are we going to hear a report on the underwriter who -- you know, we've bot right now about four or five issues that could go out today and save the City money. I mean, a lot of this has to do with reoccurring income, too. Now, when will the -- have the evaluations begun on the underwriters, and when can we expect that? 475 July 20, 2001 E Mr. Nachlinger: The first meeting of the Evaluation Committee takes place Monday. The final meeting will be August 10. We'll be with you at the first Commission meeting in September with our recommendations for selection. Commissioner Teele: We really need to move forward now. Mr. Nachlinger: Yes, sir. Vice Chairman Gort: OK. All in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Tcele, who moved for its adoption: MOTION NO. 01-816 A MOTION AUTHORIZING THE CITY MANAGER TO RELEASE FUNDS RELATED TO THE REMOVAL OF THE RESTRICTED CASH IN THE AMOUNI' OF $554,184 HELD BY THE FISCAL AGENT FOR THE COMMUNITY REDEVELOPMENT BONDS SERIES 1990. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifrcdo Gort NAYS: None ABSENT: Commissioner Joe Sanchcx 476 July 26, 2001 95. AUTHORIZE MANAGER TO ACCEPT SETTLEMENT-AGREEMENT,'PAYING :$1.6 MILLION AND ENTERING INTO NEW CONSTRUCTION CONTRACT TO' COMPLETE INSTALLATION OF SEWAGE PIPES, $842,067.56, 1N .'FULL SETTLEMENT OF .ALI,': CLAIMS FOR CASE OF RIC -MAN INTERNATIONAL, INC. VS. UTILIT..Y I; iO QfJA .. DRILLING, INC. AND CITY; ALLOCATE S1.6 MILLION FROM SELF-IN9U9ANCE -AND INSURANCE TRUST FUND AND FUNDS, $842,067.56, FROM CAPITAL I1V kov.EMENT Vice Chairman Gort: Gentlemen, I have a pocket item that 1 have to put in. Do we have any other items? Alejandro Vilarello (City Attorney): We have the (ire assessment and Item S-12 that we need to do. Vice Chairman Gort: S-12? What's S-12? Commissioner Winton: Lawsuit. Mr. Vilarello: S-12 is a resolution of the Ric -Man litigation and the construction of the sewer line, the water main to Watson Island. Vice Chainnan Gort: Oh, OK. Commissioner Winton: Could we deal with this on the 9"', or do we need to deal with it tonight? Mr. Vilarello: You need to deal with it tonight. Apparently, they need to get the construction underway, so Thal they can get the sewer line into Watson Island. Commissioner Winton: Oh, that's right, 1 remember. Now it's coming back. I couldn't -- I wasn't being able to think but -- Commissiuner Regalado: Whoa. We voted on that already. Mr. Vilarello: What you did is you moved some dollars in an appropriations ordinance to resolve -- to address this issue. Vice Chairman Gort: Right. That's the Watson Island. Commissioner Winton: So move. Vice Chairman Gort: It's moved. is there a second? Mr. Vilarello: This is Resolution S-12, S-12. Vice Chairman Gort: S-12. 477 July 26, 2001 • Commissioner Winton; So moved. Vice Chairman Gort: is that a resolution? Mr. Vilarello: Ycs, sir. Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively); Aye. T'hc following resolution was introduced by Commissioner Regalado, who moved for its adoption; RESOLUTION NO. 01-817 A RE'SOLUT'ION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AU'T'HORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, PAYING THE SUM OF $1.6 MILLION AND ENTERING INTO A NEW CONSTRICTION CONTRACT TO COMPLETE INSTAI.I.A'TION OF SEWAGE PIPES, IN AN A.A40LJNT NUT TO EXCEI;ll 5842,067.56, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, FOR THE CASE OF RIC -MAN INTERNATIONAL, INC. VS. UTILITY DIRECTIONAI. DRILLING, INC. AND CITY OF MIAMI, IN THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE. NO. 98 -13051 -CA (13), UPON EXECUTION OF THE SETTLEMENT AGREL-'MENT, SETTING FORTH A SC HEDUL b FOR PAYMENT; ALLOCATING FUNDS, IN THE AMOUNT OF $1.6 MILLION, FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, AND FUNDS, IN THE AMOUNT' NOT TO EXCEED $842,067.56, FROM CAPITAL IMPROVEMENT PROJECT NO. 351283, FOR SAID SETTLEMENT AND CONTRACT. 478 July 26, 2001 -TUMgme i (Hem follows body of resolution, omitted bore and on file in the office or the City Clark.) Upon being seconded by Commissioner Winton, the resolution was passed and adapted by'lhe following, vote; g� t, Commissioner Tomas Regalado' `Commissioner Arthur E. Toole, Jr.rF` �+ F Commissioner Johnny L. Wintoa .,:Vice Chairman Wifiedo Gorr ` t"sR W d ` *� i5xs a star y wr # A weds ' 1Vone "fit s £ ti zt a -o e�i �•S - f ��,. a�c,�Ys.� -i ' 4 � � a •�F t`i4 y�r�n t F e �,. r i e 1 us" ,C si{ Mx tiTk��s # fa44Yu S #� Nk v 7: �s x xwf 3M gttit k x ;;i rzr ax Stir a r yk P f x] 4 ]e Y .x i ., S ,iy '� y, a uk a Rr k P t �..y"S* c'Ezb,d5�q#,s,3C'��'r.�.„' i%."a."`'x`5•`�"r��, ''tF�3a� w�,..t`� i`'�#y •si fx,ry4Ct w 4 5"t',.y P#�, i, ���+ �`r�'�n �• a � a ,� %r ".r -0� Y #��, ;, � `ri'* .3ri i,..rr9v ._�,`� •s' � 1 s�w�, "$"C `� t .�{ yr .* S�",a• • � i p � t F i M4 � � �§nr�i�i��,,�i' F &3d� 3�sit•��' x+3 �+ "� � �, t k � ,� � r , ,f � � 1 i `R 9g E c Q15" .c' r ^tri N a X ��+�y ,-. s ' ��+✓ �'ta trq �`��•4N`1f$�,'"���� eh�t � r� ��� ''7..4�rt � �7�t 3" . Y y _-, � f c � 1 sF {,� v'� `il r` 3 .tif " "x a�> 1� i*� �� �� ��r�''�y�'';�•k�s �rr4' ��,;�Ffif x it�i .s;t��'��� FF � �^ ,�h y�av" r' ;�;,?' t � F 479 July 26, 2001 • 96. =04P RESOLUTION NO. 011489 AND SUBSTITUTE RESOLUTION, RR E4ATWO. TO PROVISION,. OF .FIRW- SERVICES, IFACILITIES p kNDI ESTAP1;1-ESTIMATED MOMMENT. RATE F'OR Fi1RE ASSIsSSMt NTS F *-bSC i YEAR SINNING OCTOBER i 2001. + Alejandro Vilarello (City Attorney): And then we have a resolution with regard to the fire asscssmcnt. OK. This would he it resolution rescinding Resolution Number 01-581, and a resolution of the City of Miami, with attachments, related to the provision of fire services facilities and programs in the City of Miami, Florida, establishing estimated assessment for fire assessments for the fiscal year beginning October 1. 2001, in accordance with the City of Miami live -year plan, providing for new definitions, directing the preparation of an assessment roll, authorizing a public hearing for September 13, 2001, and directing the provisions of notice thereof, and providing for an effective date. And I'll reference generally the appendix, which is the residential single-i'amily rate at seventy dollars ($70), multi -family rate at eighty-three dollars ($83) and public housing rate at two hundred and sixty-eight dollars ($268). The rest of the rates are included and will he available 1ar public inspection, but they're kind of prepared in shorthand tonight with the adjustment. But those will be published tomorrow to the County. Commissioner Winton: So moved. Vice Chainnan Gort: OK. It's heen moved. Is there a second? Is there a second? A lack of it - - it dies because of lack of a second. Commissioner Winton: So moved. Vice Chainnan Gort: Are you going to second? Commissioner Teele: What are we doing on this rate? Vice Chairman Gort: We're confirming -- Mr. Vilarello; The (ire assessments trim notice from -- Commissioner Tecle: When is the last day we can do this? Vice Chairman Gort: Today. Mr. Vilarello: Today. Carlos Gimenez (City Manager): Literally, today. Commissioner Winton: It has to be -- literally, it has to be turned in to day, which is today, Friday. Commissioner Tcelc: Did the Mayor send a letter or memo supporting this? 480 July 26, 2001 • • Mr. Gimenez: No. Commissioner Regalado: No. The Mayor opposes this. Commissioner Winton: He didn't say he opposed it. Commissioner Regalado: Yes, lie did. Mr. Gimenez.: The recommendation -- Commissioner Regalado: Ile recommended using some of the money and leaving the fire fee -- Commissioner Winton: But he didn't say he opposed this. So, I mean, he had his idea and his plan, but 1 -- Commissioner Regalado: 1 le said that he'd recommend that to the Commission. Commissioner Winton: Right, but -- Commissioner Regalado: Why don't we wake him up? Commissioner Winton: Well, because it's our job to vote first. If he wants to veto it, he vetoes it. Commissioner Teele: I second the motion. Mr. Vilarello: This resolution -- Vice Chairman Gort: It's been moved and seconded. Discussion. Under discussion. Commissioner Teele: How much are we going to raise'' How much is the incremental net on this now? Mr. Gimenez: Two point one million. Commissioner Tecle. And what was in the five-year plan? Mr. Gimenez: The rate for -- Commissioner Teele: Is this the same as the five-year plan that we approved last year? Mr. Gimenez: No, sir. This is a nine -dollar ($9) increase. Vice Chairman Gort: No. This is an increase from the rive -year plan. Mr. Gimenez: Nine -dollar ($9) increase, 481 July 26, 2001 Vice Chairman Gori: brine -dollar (S9) increase from the five-year plan. :fir. Gimenez: It's going to be sixty-one dollars (S61) for the single-family to seventy. That will increase revenues by two point one million. Commissioner Tecle: Why did you get to vote "no"? Why can't I vote "no" sometimes? Commissioner Regalado: Why don't you vote "no," too? Vice Chairman Gort: Gentlemen, let ►ne tell you, the only reason 1 voted for it in the past is because 1 want to be supportive of the administration. But at the same time, my message is fire fee affects businesses. Commissioner Winton said it before, and I'm giving the opportunity to -- We can always lower this, and that's why I voted for it. My message to the administration is, we can also -- I think we can do some additional reduction without eliminating staff And that's sonic of the things I want you to look at. At the same time, we're putting away quite a bit of reserve. And the fire fee, it really becomes a problem to the business world and to a lot of people out there. Wine dollars (9), to some of its, might not meati anything. But a lot of the neighborhoods that we represent, especially the people that are renting those apartment buildings, that nine dollars (S9) means a lot to them, believe it or not. Commissioner Teele: Yeah. What's that lady's name that gave me such a hard time? Ms. Carter, was it'' Vice Chairman Gort: OK. So 1 want you to know -- Commissioncr Teelc: The lady that owns the -- she's on my schedule to see me soon. I mean, l don't want to -- Vice Chairman Gort: 1 want you to know that's the only reason 1 voted for it this time, but I'm not ready -- i will not be ready to vote for it later on, unless we reduce -- Commissioner Winton: Is that nine dollars ($9) per year, per month? Vice Chairman Gort: Per year. Mr. Gimenez: It's seventy dollars (S70) per year. Commissioner Winton: So the increase is nine dollars (S9) per year. Last time I checked that math, that's maybe about seventy-five cents ($0.75) a month? Commissioner Teele: But that's on the single-family home, right? Mr. Gimenez: Yes, sir. Commissioner Winton: And probably an apurunent. 482 ,tidy 26, 2001 1ltMAM Commissioner Teele: But it also goes up on the apartment buildings. Vice Chairman Gort: It goes up on the apartment. It goes up on the commercial buildings. Mr. Gimenez: Yes, sir. Commissioner Teele: And. sce, the real opposition to this thing was with the people who have these multi-family apartment buildings. Commissioner Winton: Housing. Mr. Gimenez: The apartment owners are the ones that always show up here. Commissioner Teele: And they're planning to come back. Mr. Gimenez: They always show up. They're here every year on the Pre fee. Commissioner Winton: But the problem is, they don't have any other solution. Commissioner Tcele: All right. So what are we going to do now? Vice Chainnan Gort: But (UNM 1 1.1.IGIBI.P,) in our neighborhood. Well, we neod to move the motion. Commissioner Winton: Most of them live in my district, too, by the way. Commissioner Teele: I second the motion. Commissioner Winton: It's already seconded. Vice Chairman Gort: OK. All in favor state it by saying "aye." Commissioner Regalado: No. Vice Chairman Gort: One "no." OK. 483 July 26, 2001 nr•�m. The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-818 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RESCINDING, 1NITS ENTIRETY, RESOLUTION NO. 01- 589, ADOPTED JUNE 14, 2001, AND SUBSTITUTING IN LIEU FIRE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; ESTABLIS14INIG THE ESTiMAT1 D ASSESSMENT RATE FOR FIRM ASSESSMENTS FOR THE FISCAL YEAR 13EGINNING 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 Tcelc, the resolution was passed and adopted by the following vote: AYES: Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: Commissioner Tomas Regalado ABSENT: Commissioner Joe Sanchez 484 July 26, 2001 :mMKK. • • l7. �P.. T aZ AP T QFjWQA'lAJ.\r: t Commissioner Winton: Pocket items? Vice Chairman Gort: Pocket items. Commissioner Winton: I've got two for Joe Sanchez, and I don't know how many for me. You want me to start? Commissioner Toole: Please. Commissioner Winton: Joe Sanchez, start. Respectfully request to make a board appointment to the Commission on the Status of Women. Janitza Torrez-Kaplan. This is Joe Sanchez. Commissioner Toole: Second. Vice Chairman Gort: It's been moved and seconded. All in favor state it by saying "aye." The Commission (Collectively): Aye. 'rho following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-819 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAI. AS A MEMBER OF THE COMMISSION ON T11E STATUS OF WOMEN FOR A TERM AS DESIGNATED HERL'lK (Ilere follows body of resolution, omitted here and on rile in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny I.. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez 485 July 26, 2001 • Pi 48. MT -R& -E, CITY'S .CO-SPQNSORSHIP OF S9CONQ ANNVAL AKING; TRIPS AGAINST,: BREAST CANCER WALK; APPROVE' SLA -NEW, OF ST:R$8vB*gw- �t N'Z.IGHT l?C�t S- WITHIN CITY .LIMITS BY "AIyIEitICA$ CANCERSOCIET- 1 Commissioner Winton: Respectfully request City Commission consider co-sponsorship of the Second Annual Making Strides Against Breast Cancer Walk by enabling; the American Cancer Society to place street banners in the City of Miami. So it's a street banner issue, co-sponsor. So moved. Commissioner Tcele: Second. Vice Chairman Gort: Moved and seconded. All in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01-820 A MOTION APPROVING THE CITY OF MIAMI'S CO-SPONSORSHIP OF THE SECOND ANNUAL MAKING STRIDES AGAINST BRFAS'r CANCER WALK; FUR'T'HER APPROVING PLACEMENT OF STREET BANNERS ON LIGHT POLIS WITHIN' THE CITY LIMITS OF MIAMI BY THE AMERICAN CANCER SOCIETY. Upon being seconded by Commissioner Toole, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Tcelc, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gori NAYS: None ABSENT: Commissioner Joe Sanchez 486 July 26, 2001 7 99. APPROVE CY"$ CO-SPON60RSHIP OF, ='.IVIIAMI 1V[USIC FAST (AUG ITUST :3 SEPTEMUR 30), 75 ANMVP..RSARY FOR QUI MAN 'I`HBA7�f'R,(��T �2 I �0); VELO RA'OING�(O.CTOBER 20.2,1); APPROVE PLAC -NIZNT OF $T ET. RS gN LIGHT POLES =VITHIN_CITY LIMLTS BY PROf vI4 ERS OF SAiT E�NTS' Commissioner Winton: 'Then I have three more street baimer issues. One is City sponsorship, Miami Music Fest. The second is street banner, 75"' Anniversary, Gusman Theater. Third one is street banner, Velo Racing. And so move. Commissioner Regalado: ,lohnny, .lohnny -- Commissioner Teele: Second. Commissioner Regalado: Second. Can you -- Do you know about Art Miami? There arc some people that have this festival that also -- I don't know if the administration knows about. They keep sending messages to place their banners. Art Miami, it's called. It's an event. I'm not sure. Commissioner Winton: I haven't heard from them yet. I mean, as far as I'm concerned, every -- you know, any legitimate organization that's wanting us co-sponsor -- Commissioner Regalado: They are legitimate. Commissioner Winton: -- these banners, we ought to just -- it's a shame that we have to deal with it. it ought to be an administration issue. Lel's see. What else? I've got an emergency ordinance. No, no. Commissioner Regalado: We have to vote on that. Vice Chairman Gorr. All in favor state it by saving "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01-821 A MOTION APPROVING THE CITY OF MIAMI'S CO-SPO\SORSlf]13 OF THE FOLLOWING EVENTS: 1. MIAMI MUSIC FEST (AUGUST 3 - SEPTEMBER 30); 2. 75""' ANNIVERSARY FOR GUSMAN TREATER (SEPTI-MBER 1-30), 3. VELO RACING (OCTOBER 20-21); FURTIIF.R APPROVING PLAC'FMFNT OF STREET BANNERS ON IGHT POLES WITHIN THE CITY LIMITS OF MIAMI BY THE PROMOTERS OF SAID EVF:NI'S. 487 July 26, 2001 pow-It seconded by Commissioner R ladQ, the motion was passed and adopt abs+ Vote""loner� %lo u h ':� Qnar Arthur E. Tesla, Jr. a st bjit i toner Johnny L. Winton � ,> (/"'���y���� fit) �y. /'�� � V winnan ifrodo VYrt r s NO, "W� Psion Joe Sancti p,¢ :'.s '�k � 4 a i �as� �e a+ '" fq �.i# r'Y'Y".i 42 i� ` I'�•�`�Ryk•����Y�"� k'��i�. ! Al. F f l"` k a• � 04 i dst � A� �t ,�;�v. .:+ - z ..y,� � �-~��:�.s �':' x,. c x.� �i.�; a.' . ,� • *' to r f` 4 Zz > x Y ai r e ?r A f r .e. F* p`. ?, � F � . i i -:, sE k ? t� R T` i' - #5• d. f'.y �$ I k • 9� n % a i+Y tb d, �'�{ ret», �'` .x.�:r. � e�7� 'k t^'�vt1 � � k t t �' s ri',Y r �,da a ii�r .�k{{ S k.{ a 5•?. i+ ,fir' x*"�t` Y{y� tia M ka`4 t t 1 ��a'�;+'-fe � -t 'N*����i.. �w�� Y� e`{�`����'i ."i;'�r�i �;��'d'.35� �✓i.'�'��k' �}:.. �+��41 Fs�fi ,� � > • 100 S. SPECIAL CITY .COMMIBS(IQN 1VI:T�E`TII�ia 'FOR AUG1G35fi?' 9. 240. CO�QING.AT 2:30 PX CON �RNI1!fQ; I, , ((4} l Bl 'ONIMENZATION9 OF IdARTER R j� EW;AND 4R ON AR A 1 D1 ' I ELATPb '>+Q;i�RO�'O D ILi� GV Q Y : 3 TIATEIJ ACr E1��iE ♦ RELATED TQ. RAG VV L ` () 1�B00 Qom;' _ %Gt mak= BAYFRONT _ MANAGEMENT TIWST FOR. RACZUOTORSPORT'S E T'IrS " ;AT BA TkOO 1`!' PARK, AND DQ)NNTOWN MIAMI; (4).. llgttU$SrbN• GONCERNIN¢:OUTDOOR'A'DVFR.TISINO'INDifI� ((15) /� ]�1S�C (U�S$ION ` Ol: . RI~FBR&NDI1M i�UESTIQIy ItELATBD T SUR_ 1.[,+.� "1+4GB XI (6) DISCUSSION CONCERNING - CITY : ATTORNEVS RE CSIViMj✓ A`P,1.QN TO 8USBENCH 1GREEMET(Se #RELAYB? 12):= Commissioner Winton: What else do I have here? Alejandro Vilarello (City Attorney): Do you want me to read the ordinance? Commissioner Winton: Yes. Emergency Ordinance. This is the Knight foundation receiving money? Albert Ruder (Director, Parks and Recreation): Yeah. Commissioner Winton: OK. Mr. Ruder: He can read it -- I guess the Attorney will read it in. Note for the Record: The City Attorney read the pending ordinance into the public record by title only. Commissioner Winton: So moved. Vice Chairman Gort: Roll call. Commissioner Teele: Second. Vice Chairman Gort: It's already been moved and seconded. Roll call. 489 min July 26, 2001 Ll An ordinance entitled — 0 AN EMERGENCY ORDINANCE OF 'EHE MIAMI CITY COMMISSION ACCEPTING A GRANT AWARD FROM TIIE JOHN S. AND JAMES L. KNIGHT FOUNDATION (GRANT NO. 2001-0114), IN AN A%4OUNT NOT TO EXCEED $395,000, FOR THE COMPLE'T'ION OF PHASE I OF THE ELIZABE'T'H VIRRICK PARK COMMUNITY CENTER AND ASSOCIATED PARK IMPROVEMENTS; AUTHORIZING THE IMPLEMENTATION OF THE GRANT AWARD CONDITIONS: (1) A BUDGET COMMITMENT OF OPERATING, MAINTENANCE AND PROGRAMMING SUPPORT OF APPROXIMATFLY 5600,000 PER YEAR FOR THREE YEARS, 2001-2004; (2) DESIGNATING $95,000 OF THE TOTAL GRANT AWARD FOR SECURITY LIGH'T'ING; AND (3) EXECUTING ('0OPF,RATIVE AGREEMENTS WITH COMMUNITY-BASED ORGANIZA'T'IONS TO PROVIDE RECREATIONAL, EDUCATIONAL AND SOCIAL OPPORTIJNITIES FOR YOUTH THROUGH ACTIVITIES AND PROGRAMS; AUTHORIZING THE CITY MANAGER TO CXECUTE THE DOCUMENTS NL;CESSARY TO ACCEPT SAID GRANT, IN A FORM ACCEPTABLE TO THE CITY A'T'TORNEY; FURTHER AMENDING ORDINANCE NO. 11970, AS AMENDED, THL ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT'S ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 2001; REVISING THE CAPITAL IMPROVEMENT PROJECTS SCHEDliLED TO BEGIN IN FISCAL. YEAR 2000-2001; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Winton, and seconded by Commissioner Teele, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez 490 July 26, 2001 Whereupon, the Commission, on motion of Commissioner Winton, and seconded by Commissioner Teele, adopted said ordinance by the following vote: AYES: Commissioner Tomas Regalado S% `;r Commissioner Arthur E. Teele, Jr. 5 Commissioner Johnny L. Winton_ Vice Chairman Wifredo Gott` w} a t� 4 rx ��.itv 1�AYS:' r None k EON µ: s. ABSENT: Commissioner Joe Sanchez SAID ORDNANCE WAS msiGNATrD ORDINANCE NO.12i01 ,,tea otdinancc was read by titled into the public record by the City 'Atiot# t � ` r " ! Mho gtr r a ;* 3 July 2b, 2001 0 • 101. SCHEDULE SPECIAL CITY COMMISSION MEETING FOR AUGUST 9, 2001 COMMENCING AT 2:30 P.M. CONCERNING: (1) RECOMMENDATIONS OF CHARTER REVIEW AND REFORM COMMITTEE; (2) CHARTER AMENDMENT RELATED TO PROPOSED CIVILIAN INVESTIGATIVE PANEL; (3) NEGOTIATED AGREEMENT RELATED TO RACEWORKS, LLC, CITY AND BAYFRONT MANAGEMENT TRUST FOR RACE/MOTORSPORTS EVENTS AT BAYFRONT PARK AND DOWNTOWN MIAMI; (4) DISCUSSION CONCERNING OUTDOOR ADVERTISING INDUSTRY; (5) DISCUSSION OF REFERENDUM QUESTION RELATED TO PARKING SURCHARGE; i AND (G) DISCUSSION CONCERNING CITY ATTORNEY'S RECOMMENDATIONS RELATED TO BUS BENCH AGREEMENT (See #112). Vice Chairman Gort: That's it? Commissioner Winton: I'm done. Alejandro Vilarello (Ci(y Attorney): No. No, no, no, no. You've got to call a special meeting. (INAUDIBLE. COMMENTS) Vice Chairrnan Gort: Regalado and Teele's got about ten of them. Commissioner Winton: OK. Let's go. Rock and roll. Commissioner Teele: All right. Can we go? Mr. Vilarello: Do you want to call a special meeting? Commissioncr Teele: Special meeting. Vice Chairman Gort: Tomas is going straight from here to the radio station. Commissioner Tecle: Let's all go to the show. What time is your show'? Vice Chairnian Gort: Let's go to the show, that's right. Commissioner Regalado: 4:30. Commissioner Teele: Let's all go. Commissioner Regalado: Yeah. Why not'? Mr. Vilarello: This is the resolution of the Miami City Conunission calling a special City Commission meeting for August 9, 2001, commencing at 2:30 p.m., concerning recommendations of the Charter Review and Reform Committee; a Charter amendment related to the proposed Civilian Investigative Panel; the negotiated agreement between Raceworks anti the City of Miami and Bayfront Park Management Trust; discussions concerning the outdoor 492 July 26, 2001 1181W"A advertising industry; discussions of a referendum question related to parking surcharge. and discussions concerning the City Attorney's recommendations related to the bus hench agreement in the City of Miami. Commissioner Winton: And other items, as we may figure out that we need to add to all of this? Mr. Vilarello: Actually, no. It's a special meeting. So. Commissioner Teele: So move. Vice Chairman (fort: OK. It's been moved. Commissioner Winton: Second. Vice Chairman Gort: And seconded. All in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Tecle, who moved its adoption: MOTION NO. 01-822 A MOT10N SCHEDULING A SPECIAL. CITY COMMISSION MEETING FOR AUGUST 9, 2001, COMMENM. NG AT 2:30 P.M., CONCERNING: (1) THE RECOMMENDATIONS OF THE CHARTER REVIEW AND REFORM COMMITTEE; (2) A CHARTER AMENDMENT RhLATED 'CO THE PROPOSED CIVILIAN INV14STIGATIVE PANEL; (3) THF. NEGOTIATED AGREEMhNT RELATED TO RACEWORKS, LLC, CITY OF MIAMI AND BAYFRONT MANAGEMENT TRUST FOR RACI:/MOTORSPORTS EVENTS AT BAYFRONT PARK AND DOWNTOWN MIAMI; (4) DISCUSSION CONCERNING THE OUTDOOR ADVI:RTISTNG INDUSTRY; (S) DISCUSSION OF A REFF.RF.NDUM QUESTION RELATED TO THE PARKING SURCHARGE; AND (6) DISCUSSION CONCERNING THE CITY ATTORNEY'S RECOMMENDATIONS RELATED TO THE BIDS BENCH AGRHEMF.NT IN THE CITY OF MIAMI. 493 July 26, 2001 IXOMM tbdo'Mr4c Arthur E. To `jr.` issioner Johnny L. Winton m ci Y'E`S K.. {< x„ 1� P � i• �� d � i �, tom( s -:oT i - h '€ kiP 4 ) u - 7 : Ver, � '4. e '� ! � i $`7�' i � t U U by Comm mion�' Want n, the`motion was passed and �dc�tod �►y } �g/�sc�onded Vote.,41 A ,y�" 4 at`�f tai 7h Y t W q Gott t C man �t � V.�7 tbdo'Mr4c Arthur E. To `jr.` issioner Johnny L. Winton m ci Y'E`S K.. {< x„ 1� P � i• �� d � i �, tom( s -:oT i - h '€ kiP 4 ) u - 7 : Ver, � '4. e '� ! � i $`7�' i � t U i, �'t. . L .S' yt" y�' ✓Y -✓1 .� bCg t hx � 1 t kk A ,y�" 4 at`�f tai ;,� ¢aas. r i •` k 9 a a � >:. s 1 ' i $,a �'. �. � �1 t 5� : t m � s' r � c - r s "s,x t ; +'�+ �. r� s p k* ism#,p v xsncyym b 3,I".v. {k.'T"iKS Fkfir'^+ 1,�rr,g�ytp`W't'},YC'Q'is`"i� 9�>� ,✓ Pis `^ +4hTt5 '{Vr'4t '✓#.r� i "� a ani, 7''�ata T`,a" j k Gk t' .rte +' ` LZ! a. s' Ap IS QOM • 102- DIItCT. MANAGER TO IMMEDIATELY ESTABLISH AND , INITIATE -. ".000KIII CUIPLER PROGRAM" TO EXPEDITE PLAN AHVIEW PROCESS FOR CQNORVCTION' OF HOMES BOLT ON REPETITIVE BASIS. Commissioner Toole: May 1 just start real quickly? Vice Chairman Gort: Go ahead. Commissioner Teele: 'ncc first one I have is the Cookie Cutter. This is a resolution of the City of Miami directing the City Manager to immediately establish and initiate the Cookie Cutter Program, to expedite the plan revic%v process for construction of homes built on a repetitive basis, once the initial model has received all required approvals. This is so moved, and it's requested by Habitat for I-lumanity, and it's similar to the County plan. Vice Chairniun Gort: It's been moved. Is there a second? There's a motion. Is there; a second'? Commissioner Winton: Second. Vice Chainnan Gort: Do you all understand what it is'? This is one set of plans that when it's approved, it can be implemented at any -- (INAUDIBLE COMMENT) Vice Chainnan Goi1: OK. All in livor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Tecle, who moved for its adoption: RE, SOLUTION NO. 01-823 A RESOLUTION Oh' THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO 1MMEDIA'rFLY ESTABLISII AND INITIATE: A "COOKIE CUTTER PROGRAM" TO EXPEDITE THE PLAN REVIEW PROCESS FOR THE CONSTRUCTION OF HOME'S BUILT ON A REPETITIVE BASIS, ONCE THE INITIAL MODL L HAS RECEIVED ALL REQUIRED APPROVALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 495 July 26, 2001 Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: 1} �r AYFS. Commissioner Tomas Regalado <f . samiriiaiaionar Arthur E. Teele, Jr. Commissionor Johnny L. Winton Vicc Chairman Witrodo Gort 4006 t x r r k'y Commiasioner Joe San clt - Sri R 9x1 �� �. f s, uK 1� �i r^Y���' �• 'a' � y � :' y4°"�y.F off'^' a .r9 ki t : z M F f 1 lw,a l a i 14(6 • J b Y a�} ^eXras A x q,tl:., k1 C 4, az F 5 7. e r t s v r eic h +t;-ggn ^iffy. J P8 s vp i i`� :3 " $ �, gtF TnY' a+'`•'Y`�p3€ c > :t "t Syj+.� C.y�i��'° �"FW,'°t,LPr. +�t3 T A .t "t 4 496 July26, 2001 103. INSTRUCT DEPARTMENT OF INTERNAL AUDITS TO PERFORM REVIEW OF POINCIANA VILLAGE CONDOMINIUMS PROJECT AND PROVIDE REPORT OF FINDINGS. Commissioner Teele: This is an item requesting the -- two items. OK. This is an item -- a resolution of the City Commission requesting the Department of Internal Audits to perform a review of the Poinciana Village Condominiums by an examination of the commitments made by the project developer to individual buyers at the time of the unit purchase and monies lost to the project by other investors, reporting any financial impacts that have been experienced by the original owners of properties in question, and further recommending appropriate forms of restitution as to how to make them whole; further, providing a preliminary report within 45 days and the final report within 90 days, unless extended. So move. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none. all in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Tee le, who moved for its adoption: RESOLUTION NO. 01-824 A RESOLUTION OF THE MIAMI CITY COMMISSION INSTRUCTING THE DEPARTMENT OF INTERNAL, AUDITS TO PERFORM A REVIEW OF THE POINCIANA VILLAGE CONDOMINIIJMS BY AN EXAMINATION OF THE COMMITMENTS MADE TO THE PROJECT'S DEVELOPER, COMMITMENTS MADE: BY PROJECT'S DEVELOPER TO INDIVIDUAL BUYERS AT THE TIME OF UNIT PURCHASES AND MONIES LOST IN THE PROJECT BY OTHER INVESTORS, REPORTING ANY FINANCIAL. IMPACT THAT HAVE BEEN EXPERIENCED BY THE ORIGINAI, OWNERS OF THE PROPERTY 1N QUESTION, FURTHER RECOMMENDING APPROPRIATE DORMS OI' RESTITUTION TO MAKE THEM WHOLE, FURTHER PROVIDING A PRELIMINARY REPORT WITHIN 45 DAYS FROM THE DATEOF THIS RESOLUTION WITH THE FINAL REPORT WITHIN 90 DAYS OF THE DATE: OF THIS RESOLUTION. (Here follows body of resolution, omitted here and on file in the Of ice of the City Clerk.) 497 July 26, 2001 �z�z�rctr� � C x Y ' v • tl \S IR $'� �e .{•qr R^ y,1 ls�rzF£k.%�¢`� k�;", T:�`` ry�1 �+�' "s�$cys.:�& ��'�`�x�..+t•'y�w-,y f k, � , a 7 „. sx 'Y>.,pi ,. '� '�'��a��,. 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INVESTIGATION OF ALL CIRCUMSTANCES - SURROUNDING. DESTRUCTIDN ' pF: CARVER HOTEL; RECOMMEND RECOGNITION'OR MEMORIAL AS. WARRANTISD BY ANY ANIONS OF CITY. Commissioner Tecle: Phis is a similar one. A resolution ol'tlte Commission requesting that the Department of Internal Audits conduct an investigation of the circumstances surrounding the destruction of the Carver hotel, and further recommending recognition and/or memorials, as warranted by any City action. That doesn't talk about restitution, but recognition. So move. 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'fecle, who moved for its adoption: RESOLUTION NO. 01-825 A RESOLUTION OF THE MIAMI CiTY COMMISSION DIRECTING THE CiTY MANAGER TO INSTRUCT THE DEPARTMENT OF fNTF.RNA1- AUDITS TO CONDUCT AN 1NVESTIGA'rION RL;LATED TO 'THE CIRCUMSTANCFS SURROUNDING THE DESTRUCTION OF THE CARVER HOTEL WHiCH WAS i.00ATED AT NORTHWEST 9'" STREET ANi.) 3"" AVENUE, MIAMI, FLORIDA; FURTHER RECOMMENDING TIIAT THE CITY COMMISSION CONSIDER TIIL• PLACEMENT OF AN APPROPRIATE MEMORIAL AS RECOGNITION OF THE CARVER HOT'EL'S SIGNIFICANCE TO THE HISTORY OF THE CITY OF MiAMI. (Ilere follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being secondul by Commissioner Winton, the resolution was passed and adopted by the tollowing vote: AYES: Commissioner Tomas Rcgalado Commissioner Arthur E. Tecle, Jr. Commissioner Johnny L, Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez 499 July 26, 2001 ITITIM,K% 0 • IOK RELATED TO LITTLE HAITI PARK WORKING GROUP, AMEND RESOLUTION 01- 727. Commissioner Teele: This is a resolution filed. it's the last one on the little Haiti Working Group, extending the deadline from Tuesday, the 24'x', to a new deadline of Monday, the 315; adding as ex -officio the congresswoman representing the disinct of U.S. Senator; changing the appoinhncnts made by line item from District Secretary to Director; correcting the line item on "A2" to the Director's District Secretary, Department of Health; changing the title of appointments made from Manager to Director and adding a new line item. "B7, for the appointment of the Director of the Miami -Dade Library; correcting the name of the Department of Police/PAI, (Police Athletic League) to the City of Miami Police Patrol, North District, and deleting lines "130 and 7" and deleting line -F1 ", and thereby maintaining the total number, not to exceed 60, of the i.ittle liaiti Working Group. So moved. Commissioner Winton: Second. I'm trusting that you know exactly what you're doing there because I didn't follow any of it, but I second it. Commissioner Teelr: It's just cleaning up the titles and giving the two people the only other items would be... Commissioner Winton: But we've got to vote on that one, don't we? Conttnissioner Tede: Yes. Did you vote'? Walter hoeman (City Clerk): No, we didn't. Vice Chairman Gurt: All in favor state it by saying "aye." The Commission (('ollectivcly): "Aye." The fbllowing resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 0 1 -826 A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING RESOLUTION NO. 01-604, AS AMENDED BY RESOLUTION NO. 01-727, WHICH I?STABLISHED A WORKING GROUP TO DEVELOP A COMPREIIENSIVR PIAN FOR A FIRST CLASS PARK COMPLEX TO BE LOCATED IN LITTLE HAITI, MIAMI, FLORIDA, TO EXTEND THE DEADI.INI-: FOR SUBMISSION OF APPOINTMENTS FROM JULY 24, 2001 TO JULY 31, 2001, AND 'CO CHANGE, THE NUMBER AND DESIGNATED INDIVIDUALS APPOINTED TO THE WORKING GROUP, AS MORE PARTICULARLY SET FORTH HF.REAN. 500 July 26, 2001 (mere 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 tits fallowing vote: A AYUS: Vice Chairman Wifredo Gort w Commissioner Tomas Regalado Commissioner Arthur E. Toole, Jr, ' Commissioner Johnny L. Winton 1•lA i None. 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Z.l A "g.j���x� 1 'r.`" �` R 'e� � ,� m x„ -.fir, ,} \ s,�+q, Y`�• 47'�,'�'z` `'�,`�',�';.n '' d�'` �¢ � �3 "}krt?'l�,.e: �. :` � +c P. ,, � Sa � V >f i L#.v sc� 'a,.Wrk t��§ 'fi f�S trS �"�i� �� t .G. rt _.ls�'S")} k �+t" � ' M^'' � 4�..,}•. � 8.3 yt'� '�r� k `� .�.A.��' P IF�� ��p���'�• :,75+��`'�h•�, S�` �,. -� `r� aa. �j�t zr :• �b�'r� �r'S.^.*�a,; .li '�,'- .� },+ �e � r J, A re 1�,''��r ����33 3't`� .�'`( �y�., •�t-w :�2 4�.,p�j` u . f y♦� df .uT. 1 2 �4�• .. :nZ } }.yXfc' w--" f"'r x t1 ^a h i �s � �'� 5°'' ; ,�"� �• � #pA "rad` r 5J� z4s�z�a s��.t,G"�x�.�'�4x, 7 '+"'4�}`''�°-}-x 5 ,•� '}ro r•5`'i ',r,.`.'��-!u'"�i^+ �,� 'i iVX�. i"S'., A may%, Y st �r t�,+'' ✓�a wi; '•�x �t,�, F'Ck : � .!W ,.'��`k h. t �„v- �. ^; cr r.?�+ � j}n +� � un ��x NWIN.i}AA F.ern �, �^ F 4 � um i}��.� Y"i� �.7•��, �tv . 4 {tf �z r #p. n',,1A'y ""TIM 1'i,�`•�2zd t w � 'iz ""J w- •s t .4,;zi+ y '6gr,T' rr:' s Zvi t ✓ , ,Y 7^^: .*1' 501 July 26, 2001 • 11 1Qt5:� B$ABI, Si ;COMMUNITY 'I'ECHNOLOG� A]�VIS JItX Bt AR ► • TD A] VICE; �VARSIGH1. OF GRAN? 'S� .LICITATbN IN $UFPO RF p 3'>3CHNO ,AGY IlV T1ATIVBS. Commissioner Teele: It's a resolution of the City of Miami Commission establishing the Community 'Technology Advisory Burd to provide advice, oversight on grants relating in support of community -related activities -- community -related technology initiatives. 1 would so move. This provides that the Manager will have a committee. F.ach Commissioner will he able to appoint someone from the City, a resident of the City that has knowledge or background in technology, and will provide sort of an oversight, not -- they won't recommend grants, but just recommend about the technologies that are being delivered. Commissioner Winton: Which will have an impact on whether or not we do recommend grants. Commissioner Tecle: Absolutely. Commissioner Winton: So second. Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 01-827 A RESOLIJTION OF TIII-- MIAMI CITY COMMISSION ESTABLISHING AND CREATING THE COMMUNITY TECHNOLOGY ADVISORY BOARD; PROVIDING FOR THE BOARD'S PURPOSE, SUNTSFT, MEMBERSHIP, QUALIFICATIONS, TERMS OF OFFICE, VACANCIES; OFFICERS, PARLIAMENTARY AUTHORITY, MEETINGS, QUORUM, VOTING; ATTFNDANCE REQUIREMENTS, ASSIGNMENT OF STAFF, COUNSF.I.; AND NOTICES AND FILING OF RECORDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 502 July 26, 2001 114141W9. — Upon being seconded by Commissioner Winton, the resolution was passed and adopted by.the Arpowing vote: AYl S 0 issioner Tomas Regalado mcaissi ' W'. o , oaer Arthur E. Tccic, Jr. Gamrinissioncr Johnny L. Winton � p m y K � d7 R'(✓ Vice Chairman Wifredo Gort t>R to ° .' ,e,u� 66mmissioner Joe Sanchez- �r y3� Y3 5 F F�n����*�c s t' 5 � ' t � t - :i5h'$9'` �'+n ani7m'?' 4.4 fir_ �r�'r tk -b >mT � + s"r :��`,�' tint° gay;• e� 1 ` ,.o.�`i6, m `� ��" 3a k ��.�.Aw�ti r �� b�` t"ke �+ "yr'F ; . , . f �' ��..� �. �°�.� s �4 w-, i14; � .� ? u,„- yu �: i ^: „z` Y r.,, d r d#c .e. `y- y. , .�y� •�. . t $03 : July 26, 2001 • • 107. REQUEST THROUGH CITY MANAGER THAT ARCHITECT OF CITY � ' IN RRQVIJING SUPERVISION, TRAINING . AND COUNSELING TO' ( REDEVALOPMENT AGENCY (CRA) PERSONNEL: UNDER PORTION;QF T 0E E15 WORKING EXPERIENCE FOR AIA.LICENSINC, ;FOR RESOUR CRA. ',RATE Commissioner Tecle: And finally, this is a resolution requesting, through the City Manager, that the architect of the City cooperate in providing supervision, and training and counseling to CRA (Community Redevelopment Agency) persotutcl under a portion of the three-year required work experience for Al A licensing of architects for resources within the C'RA. And this is just --this has no dollar impact to the City at all. It just means that the architect of the City is going to be watching some college graduates in t:rchitecture that'll he working through the CRA. So moved. Commissioner Winton: Second. Vice Chairman Gort: is there any discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 01-828 A RF,SOi.UTION OF THE MIAMi CITY COMMISSION RP.QUi:STING THROUGH THE CITY :MANAGER THAT THE ARCHiTF.CT OF THE CITY OF MIAMI COOPFRATF IN SIJPERV}SiN(.,, TRAINING AND COUNSI'LiNG PhRSONNHL OF THE COMMUNITY REDEVELOPMENT AGENCY ("CRA") AND TO UTILIZE RESOIJRC.ES WITHIN THE CRA TO ESTABLISH A TRAINING PROGRAM TO PROVIDE A PORTION OFTHE TIIRI:f: YEARS OI- WORKING }?KPFRIENCE� RI QUIRED FOR AIA LICENSING. (Isere follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas itcgalado Commissioner Arthur F. Teele, Jr. Commissioner Johnny I.. Winton Vice Chairnan Wifi•edo Gort NAYS: None ABSENT: Commissioner Joe Sanchez 504 July 26, 2001 111101: 0 . 108. RELATED TO FAULKNER FRIENDS FOLKLORE SYMPOSIUM AND TESTIVAL, TO 'BE CONDUCTED BY WILLIAM J. FAULKNER FRIENDS OF FOLKLOW ON. SEPTEMBER 15, 2001, AT LYRIC THEATER; AUTHORIZE WAIVER OF ALLFRES ANT?., HERMITS PERMISSIBLE BY LAW; AUTHORIZE PROVISION OR IN-KIND. SWIM' BY DEPARTMENT OF POLICE, FIRE -RESCUE, SOLID WASTE AND7 PARKS AND RECREATION; AND AUTHORIZE CASH GRANT, $4,500, TO BE'. USED TO : MEFRAY. COST OE PERFORMING ARTISTS AND VENUE RENTAL FOR EVENT; CONDITIONING SAID AUTHORIZATIONS UPON ORGANIZER. Commissioner Tecic: Anel there's one more for Commissionwr Carcy, I think. It's a resolution requesting that Patricia Ford, Executive Director of the William Faulkner Friends of Folklore appear beti)re the City Commission, and further requesting a waiver of all fees and permits permissible, including fees associated with hire -Rescue and Solid Wastc; providing further a cash grant of forty-five hundred dollars (54,500) to dcfiray the cost of the venue and the artists. 1 would so move. And if it's a financial problem -- did you want to be heard on this, ma'am? Well, just introduce yourself, please. Patricia Ford: Patricia }Nord, b 100 GCnCVa Court, Mianti. Commissioner Winton: Wow, she stayed here till 3 o'clock in the morning. Coin inissioner Teele: And this is a perlorinance that will be at the -- Ms. Ford: Yeah. This is a symposium and festival that's being planned, and it's the first one. And we hope this is a unifying -- we want this to be a unifying event for cross-cultural experiences in the educational art Corm folklore, telling stories of times gone hy. And it's going to be an event that is locused and targeted on children and families. Commissioner Winton: Where? Commissioner Teele: At the Lyric. Vice Chairman Gort: The Lyric Theater. Vis. Ford: It's going to be at the Lyric hotel -- the Lyric Theater, and it's going to be on the adjacent grounds, as well. Commissioner Winton: Second. Commissioner Teele: And Commissioner Carey is the honorary Chair. And, you know, it really is -- this City is moving forward. The singing today -- I really do hope that we can even look at how we can do more to promote this kind of cross -culture, and I really appreciate the group that came this morning. I would so move. Commissioner Winton: Second. 505 July 26, 2001 • • Vice Chairman Gort: Moved and seconded. Is there any discussion? tieing none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Tccle, who moved for its adoption: RESOLUTION NO. 01-829 A RESOLUTION OF ,rim MIAMI CITY COMMISSION RELATED TO T'HE FAULKNER FRIENDS FOLKLORE SYMPOSIUM AND FESTIVAL, TO BE CONDUCTED BY THE WILLIAM J. FAU'LKNER FRIENDS OF FOLKLORE (THE "ORGANIZFR") ON SATURDAY, SEPTEMBER 15, 2001, AT THE LYRIC THEATER. MIAMI, FLORIDA; AUTHORIZING THE WAIVER OF ALL FEES AND PFRMLI'S PERMISSIBLE 13Y LAW; AUTLIORIZING 'fHF PROVISION OF 1N -KIND S1sRVICFS BY THF DF.PARTNIEN'I :5 OF POLICE. MRIs-RFSCUL, SOLID WAS"I E AND PARKS AND RF.CRF.ATION; AND AUTIIORIZING A CASH GRANT, IN THE AMOUNT' OF S4,500, TO BE USED TO DEFRAY THr COSI' Or PERFORMING ARTISTS AND VENUE RENTAL FOR THE F.VF.NT; CONDH IONING SAID AUTHORIZATIONS UPONTHE HE ORGANIZER: it) OBTAININGALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL NECESSARY COSTS 01; ALL OTHER CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT, (3) OBTAINING INSURANCF TO PROTECT THE CITY IN THF AMOUNT AS PRESCRIBED BY THF CITY MANAGER OR DESIGNEE; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAN' BE PRESCRIBED BY THE CITY MANAGER OR DFSIGNFE; ALLOCATING FUNDS FROM THE SPFCIAI_ EVENTS FUND FOR SAID GRANT. (Here follows body ofresolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Rcgalado Commissioner Arthur E. Tcele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez Vice Chairman Gort: I have two things here. Appointment -- my appointment to the -- Ms. Ford: Thank you very much, Commissioners. 506 July 26, 2001 Iminwo r4g'k t !:�. "MO� +. `t � aid �* �'. t .� ,.#!q � to ��'xr x`s �{:* :� "t� s .b. .t f ,�.+�t 1 �•i y p " r � 1 11l1lIt1 it 611 illAi�i s � 41, f i �""��ui �4Rwi � ��ii� �, ���/y •y�� �]��� s `'' y f �� a 7 xw a tet k t t, f ,may t' V>{ d 4 5' •tf S �G bYk�fY��t✓�Y a- t i f y £�t'Tj r 35< •� ��/t��.;-.� thN' P' it �#� � iV w �•° �"Srv'4s'� t "F 4 5 aS. �Y � tky.l`�,u� cr y �.ti,INE i .}.�lt z}�• f*4.f 4 . • f S: M' p :. � kF a, {'° @s' .. v k; 2 .tG t� •+• i j . � per`.. ih y�.. �`' yt+s' Fn'.',�'1 �{. 1* n4:b- i {�,,r rx`$�RE u'w•r is k 1. it TO r5M,'�j� '7 �:i tall t � �. ��t y. 9 JR. € t � .roi � ,sx 4: a R ( �f ',� yi:: tk e2' q a,�kw s��� ,(✓am,�iaie, .� ��i S s �, 3� a r 2, � tr"-'*' hr p a }, _ "A'ry a i'�,p x s+S yets i' araa`• r F# sri; �'1r' �e F}�',,dc ,t`' i "�' ««S S? ? +#w i�`y�4 'r s - tet$ sES 1-tf �• 2 i 1 0 i Vice Chairman Gort: I have the appointment of the Little Haiti Working Group. I have Leoona Hermantin. Commissioner Teelc: So moved, Mr. Chairman. Commissioner Winton: Second. Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Gort, who moved for its adoption: MOTION NO. 01-830 A MOTION APPOINTING LF.ONA HERMANTIN AS A MEMBER OF THE LITTLE HAITI PARK WORKING GROUP. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYFS: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. �nmmiccinnnr T-1-- T 111-1- 508 July 26, 2001 • b>Rtct- MANAGER TO IMMEp1ATE16X ROTIATfi 4J$0X&MERA'FI0N OF: CLASS 1 SPECIAL PUS& FORT ONJ3 AT 901- S. MIAMI ,;EI`tI AV.1I�, AS' TIII1?®i��' F'.ACI1.�'I'T`Y. tet. Vice Chairman Gort: I also have a pocket item, which is the approval of Class 1 special permit for the duration of one year for use of the property located at 901 South Miami as a temporary parking facility. As you all know, Miami Avenue is growing quite a bit, and they nced that parking facility. Commissioner Tcele: So moved, Mr. Chairman. Alejandro Vilarello (City Attorney): Mr. Chairman, this is -- Commissioner Teele: This is in Brickell, right? Mr. Vilarello: Yeah. This is directing the Manager to immediately initiate the review and consideration ofa Class l permit. Vice Chairman Gort: Right. Commissioner Winton: Who's going to use it, though'! Vice Chairman Gort: (UNINTELLIGIBLE) and the construction company. Commissioncr Winton: Oh, OK. Commissioner Tccic: So moved, Mr, Chainnan. Commissioner Winton: Second. Vice Chairman Gort: All in favor state it by saying "aye." The Conunission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-831 A MOTION DIRECTING THE CITY MANAGER TO IMMEDIATELY INITIATE THE REVIEW AND CONSIDERATION OF A CLASS 1 SPI:CtAL PERMIT FOR THE DURATION OF ONE YEAR FOR USE. OF THE PROPERTY I.00ATED AT 901 S. MIAMI AVENUE AS A TEMPORARY PARKING FACILITY. 509 July 2G, 2001 1i9WAM 0 0 Upon being seconded by Commissioner Winton, the motion was passed and adopted by the., following vote: ` y AYES: Commissioner Tomas Replado Commissioner Arthur E. Teele, Jr. x 4; kF��a� }Commissioner Johnny L. Winton;k" f Vice Chairman WiPredo Oori 'J a ` 1 Ni►Ys. None ABSENT: Commissioner Joe Sanchez° CotttitaI*Qncr Teele: But no extensions. One year, without extensions. a Vico Cl nman Gort: No extension. No, no, no extension, of course T t 510 M"Y A d n M^' 't6°F;h ' z' s July 26, 2001 11 I . AMEND MIAMI: CODE SlICTION 2-33(a)(6)4 TO 89TABLISH POLICY THAT CITY, COMB iSkON MEETINGS WILL NOT LAST BEfOND VIM MMNIQkI1'. Vice Chairnian Gort: I would like this -- it's going to he 3 o'clock in the morning. 1 would like to have a resolution that we will not have any meeting that would go beyond 12 o'clock. Commissioner Tecle: So moved, Mr. C'hainnan. Vice Chairman Gori: Because I don't think we should have this anymore. Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Gort: OK. Alejandro Vilarello (City Attorney): Mr. Chairman. Vice Chairman Gort: Yes, sir. Mr. Vilarello: I need you to revisit -- Vice. Chairman Gort: All in favor state it by saying "aye." Commissioner Winton: No. Well, I'll tell you the reason I vote no, because it's only going to stack up to the next meeting, and then we're going to be here at midnight every single meeting. So, you know, l -- Commissioner Tecle: The reason we're here now is because we kept deferring the other agendas. Commissioner Winton: Yeah, exactly. We keep -- and we stayed late, anyhow. We keep stacking this stuff up. Vice Chairman Gort: Well, we're not going to he here at 4 anymore, and we're going to -- even going to time the Commissioncrs to two minutes. Commissioner Winton: Now, that would get us somewhere. Commissioner Teele: What's that? Mr. Vilarello: Mr. Chair. Commissioner Winton: He says we're going to limit each Commissioner's comments an any one subject to two minutes. I said, that would get us somewhere. 511 July 26, 2001 The frillowing motion was introduced by Commissioner Teele, who moved for its Adoption: MOTION NO. 01-832 A MOTION AMENDING MIAMI CODE SECTION 2-33(cX6) 7 ESTABLISH THE POLICY THAT CITY COMMISSION MEETINGS WILL NOT LAST BEYOND 12:00 MIDNIGHT. Upon being seconded by Vice Chairman Gott, the motion was passed and adopted by;"�lte following vote: AYES: Commissioner Tomas Regalado :}F v. r" 'i, 2JY f fF4 �� rs /y1�,:rid {5%ry'•'4fh� 'Vt'if, t� '++rho ,v � �,�`-�°s�°-"i 512 July 26, 2001 • 112. SCHEDULING EXECUV TIE SESSION TO DISCUSS ISSUES RELATING TO COLLECTIVE BARGAINING NEGOTIATIONS ON AUGUST 9, 2001, COMMENCING AT 1:30 P.M.; CALLING SPECIAL. CITY COMMISSION MEETING FOR AUGUST 9, 2001, COMMENCING AT 3:3.0 P.M., CONCERNING: (1) RECOMMENDATIONS..OF CHARTER REVIEW AND REFORM COMMITTEE; (2) CHARTER AMENDMENT RELATED TO PROPOSED CIVILIAN INVESTIGATIVE PANEL; (3) NEGOTIATED AGREEMENT DELATED TO RACtWORKS, LLC, CITY AND BAYFRONT MANAGEMENT .TRUST FOR RACE/MOTORSPORTS EVENTS AT BAYFRONT PARK AND DOWNTOWN MIAMI; (4) DISCUSSION CONCERNING OUTDOOR ADVERTISING INDUSTRY; (5) l DISCUSSION OF REFERENDUM QUESTION RELATED TO PARKING SURCHARGE; j AND (6) DISCUSSION CONCERNING CITY ATTORNEY'S RECOMMENDATIONS RELATED TO BUS BENCH AGREEMENT (See #101). Vice Chairman Gort: Yes, sir. Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, if you would -- I'd like you to revisit the resolution calling for the special meeting, to give you a little bit of infonnation. Commissioner Tccle: Move to reconsider. Commissioner Winton: Second. Mr. Vilarello: You could -- this resolution -- I'm son -y. Commissioner Tecle: Deed a motion. Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Tecle, who moved its adoption: MOTION NO. 01-833 A MO'T'ION TO RECONSIDER PRIOR VOTE TAKEN ON MOTION NO. 01- 822, WHICH HAD SCHEDULED A SPECIAL CITY COMMISSION MEETING FOR AUGUST 9, 2001, BEGINNING 2:30 P.M. 513 July 26, 2001 • Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gori Commissioncr Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner .doe Sanchez Mr. Vilarello: They're scheduling the executive sessions to go over the collective bargaining negotiations at 1:30 on that same day. Ms. Weller advises me she needs at least two hours to go over the collective bargaining agreements, and we've scheduled this to commence at 2:30 to discuss the Charter Review and Reform Committee. Commissioner Winton. So, how about if we do it starting at noon... Commissioner Regalado: 1\o. But she has to do it in one hour. Commissioner Winton; Well, why don't we do it at noon and have lunch? Commissioner Regalado: 1 can't. I can't. Mr. Vilarollo: Commissioner Regalado, ... Vice Chairman Cort: He's got to leave. Conunissioner'feele: So, what about 3:00, 3:15 for the special meeting? He's concerned that we don't -- not start on time. 1 mean -- because we have to come down and start and then defer it. I mean, you know, so -- there's no need in bringing everybody here and we know we're going to have an hour delay. That's what he's saying, and he's right. Mr. Vilarello: So, we'll commence at 3:15? Commissioner Winton: Yeah. Commissioner Tccic: What time was that, 2 o'clock? Mr. Vilarello: We had it scheduled to commence at 2:30. Commissioner Teele: 'Three thirty. Commissioner Winton: So, 3:30. 514 July 26, 2001 zmz�rs� • • Mr. Vilarello: And although there's an argument as to whether or not the executive session has to be noticed. I just assume notice it and actually notice it in this resolution at 1:30 and -- the executive session on collective bargaining. Commissioner Teele: Move the resolution, including the noticing of the executive session at 1:30 and the meeting to commence -- the special Commission meeting on the matters read into the record by the City Attorney to commence at 3:30 on August 9th. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. Further discussion? Being none, all in favor state it by saying "aye." fhe following resolution was introduced by Commissioner Tecle, who moved its adoption: RESOLUTION NO. 01-834 A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING AN EXECUTIVE SESSION TO DISCUSS ISSUES RELATING TO TIIE COLLECTIVE BARGAINING NEGOTIATIONS ON AUGUST 9, 2001, COMMENCING AT 1:30 P.M.; FURTHER CALLING A SPECIAL CITY COMMISSION MEETING FOR AUGUST 9, 2001, COMMENCING AT 3:30 P.M., CONCERNING: (1) THE RF.COMMF..NDA'f10NS OF THE CHARTER REVIHW AND REFORM COMMITTEE; (2) A CHARTER AMENDMENT RELATED TO THE PROPOSED CIVILIAN INVESTIGATIVE PANEL; (3) T11E NEGOTIATED AGREEMENT RELATED TO RACEWORKS, LLC, CITY OF MIAMI AND BAYFRONT MANAGEMf:N1' TRUST FOR RACE/MOTORSPORTS EVENTS AT BAYFRONT PARK AND DOWNTOWN MIAMI; (4) DISCUSSION CONCERNING THE' OUTDOOR ADVERTISING INDUSTRY; (5) DISCUSSION OF A RFFERF.NDUM QUESTION RELATED TO 'flit: PARKING SURCHARGE; AND (6) DISCUSSION CONCERNING THE CITY ATTORNEY'S RECOMMENDATIONS RELATED TO THE BUS BENCII AGREEMENT IN TIIE CITY OF MIAMI. (Here follows body of resolution, omitted here and on rile in the Office of the City Clerk.) 515 July 26, 2001 tr ondod by �tittai>, dw resolution W88 PMW AM y�'�'X �4^s may. <i.-• - 'tiMAU Wifl+ado UOft. i 4�q 1 T ', Commissioner Tomas Regulado kt } `{ Commissioner Arthur L. Toolo. Jr. ommiaioner Johnny L. Winton None. zw S +iT Commissioner Joe Sanchai xR�,fY ar ` ,yy a v Y,.7" ✓' ..s��s 1 t�„` ,+'�S"'y??t �4R� YT:i4at 7''A'F�, d: �t"4 '�'� x. ;�Y. ��„ '+� ut f n v ¢` Y r S f u 4 r>r „.X.. r.. k� s w s-. a ,. y kt y h a .Kti .� •k� fit i>'r r � n:! r ;. �, .J+.i j, r + 1 4 i„ n 'x s P' " At •`j-r �' � � E a tib t>,-. Fr 'g,n' i4 ry •' d 5 r 1 x d `! a'.�rz'F su i y -> Fnx S,,•. �S l 4i, .r � C 516- July 26, 2001 113. APPOINTING COMMISSIONER TOMAS REGALADO AS "COMMITTEE OF ONE" TO EVALUATE ISSUES PERTAINING TO AT&T BROADBAND AGREEMENT WITH CITY RELATED TO CABLE TELEVISION SERVICES AND COME BACK WITH RECOMMENDATION(S) AT FIRST MEETING IN SEPTEMBER 2001; DIRECT MANAGER TO PROVIDE AT&T BROADBAND WITH WRITTEN NOTICE OF VIOLATION VOR FAILURE TO COMPLETE REBUILDING OF NEW SYSTEM BY SEPTEMBER 1, 2001 AS REQUIRED BY SAID AGREEMENT. Carlos Cimene7 (City Manager): Mr. Chairman. I have one issue, which is the AT&f (American Telephone & 'Telegraph) Broadband. You need to discuss it or -- Commissioner Tce1c: T move that Commissioner Rcgalado be made a committee of one to evaluate it and bring it back at the first regular meeting in Septembcr. He's the guy that has been dealing with AT&T and -- Mr. Ginlcnez: Well, this is an issue about they will not he completing -- they're supposed to have completed 90 percent of sonic of the -vvoA 11V ycilr -- that time expires before the next meeting in September, and we need some direction from the Commission as to how you want to proceed. And there's some penalties invoh ed and we want to knout- how you want to proceed with that. Commissioner Teele: I move that Commissioner Regalado be directed to evaluate it and to report hack to the board at the next meeting. It's 3:00 and -- Mr. Gimenez: I .just need direction from the hoard as to what the administration should do. I guess it's your decision in the end. We're supposed to send a letter out 30 days in advance telling them what we expect of'them. Commissioner Regalado: In your nncmo you say that you don't have to impose any fines. Mr. Gimener.: That's correct. We don't have to. Commissioner Rcgalado: But if you want to -- Mr. Gimenez: But (INAUDIBI.,F) may, and that's where I'm Iryinb to get sonic direction fi•om the board. Commissioner Rcgalado: If' you want to, you can do it. But in your mento, you're saying that you don't have to. So, you don't have to impose fines until we come hack with sonic -- Commissioner Witton: 'c'hat's right, exactly. Right. And that ought to be the -- since we're delaying, 1 think -- you know, you may want to -- I don't know. Elaine Buza: Could I just make one comment, Commissioner? Elaine Buza, Telecommunications Administrator. The ordinance anis the license agreement indicate that we need to advise AT&,T. 30 clays prior to their scheduled completion date, which was September 517 July 26, 2001 �I�I11L�s� 0 • 1"', that they're in violation of the license agreement and the ordinance. So, this letter would need to go out on August I", which is prior to -- Vice Chairman Gort: Well, the letter should go ahead and go out that they are in violation. I mean, what's stopping the letter from going out? Commissioner Regalado: You have to send the letter. You have to send the letter and oil September we'll -- it's simple. Ms. Buza: The letter, the way it reads right now is that, in absence of any other decision by the Commission that we would start lining on September 1". So, 1 was looking for some direction from the Commission, since the permits of May is used in the license agreement we don't have to is what would be the Commission's pleasure to say in that letter -- Commissioner Winton: Then why don't we move to give an extension or a standstill for one month so that, in essence. AT&T gets another month under the existing agreement and that buys them a month. It gives us the, time and we can take this up in September and -- Mr. Gimenez: Or would you rather just take it up on August 91h? Commissioner Winton: What did 1 just say, Alex'? Contmissioncr Teele: Well, I still say, Commissioner Regalado's has very few assignments, he knows the broadcast business. I think we should ask him to vet this thing, to sit down to go over it. It's 3:00 in the morning and as far as I'm consented, we should send them the notice. We could always suspend it or waive it or whatever, but why lie our hands on it? Susan Bisno: Commissioners, 1 know -- believe me, I've been here since nine, just like you all have (INAUDIBLE') I'm Susan Bisno with AT&T Broadband. I just want to say that I would love the opportunity to -- Vice Chainnan Gort: I'm sorry. And you arc? :Vis. Aisno: I'm Susan Bisno with AT&T Broadband. Vice Chairman Gort: And your address? Ms. Bisno: ]'in sorry? Vice Chairman Gorr: Your address. Ms. Bisno: Eighteen hundred Sunset Harbor Drive, Miami Beach. 1 would love the opportunity to take the next 30 days to work with stafTand come up with some alternatives perhaps to tines. Commissioner Kegalado: But, see, that's the problem. You work with staff and that's fine, but I had some ideas that I gave you, but you never responded. 518 July 2.G, 2001 Ms. Bisno: No, that's not true. I called you hack. Commissioner Regalado: I know, but you called back one day before the meeting and you said that you will send me all the information before you did it. Ms. Bisno: Ycah, I just got the information yesterday. I'm Sony. I mean -- Commissioner Regalado: OK. Well. you talk to staff and we'll see whenever -- you know, whenever you have time, you let me know. Vicc Chairman Gori: Send notice and we'll fix it up later. Commissioner Tecle: Mr. Chairman? Vice Chairman Gort: Yes, sic. Commissioner Tccic: 1 move that the item be deferred to the first meeting in September, with instructions that the Manager will provide them with written notice of the violation and further that information Regalado is requested to make a report on the matter at the next regular Commission meeting, Vice Chairnian Gort: It's been moved and second. Any further discussion? Being none, all in favor state it by saying "aye " The Commission (Collectively): Ayc. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 0 1 -835 A MOTION APPOINTING COMMISSIONER TOMAS REGALADO AS A "COMMITTEE OF ONE" TO EVALUATE ISSUES PERTAINING TO AT&T BROADBAND AGREEMENT WITH T] IF (71Y OF MIAMI RELATED TO CABLE TELL•VISION SERVICES AND COME: BACK WITH RECOMMENDATION (S) ATTHE FIRST MEETING IN SEPTF-MBER 2001; FURTHER DIRECTING THE CITY MANAGER TO PROVTDh AT&T BROADBAND WITH WRITTEN NOTICF OF VIOLATION FOR FAILURE TO COMPLETE THE REBUILDING OF THE NEW SYSTEM BY SEPTEMBER 1, 2001 AS REQUIRED BY SAID AGREEMENT. 519 July 26, 2001 Lipo t, lhaityR `spooMW by Vice Cb1innah" POM the motion was passed and adoptal ; tbl�i°vie: 7# t x `TY f t-� 1 '�►lid. YMWMer Tomes .RQ8aiMdN/ Camminionor Arthur E. Toole, Jr. ry F Vice Chairman Wifiodo Gort ,' =y T i ��' kE O� { �', A�t° .-� _ r kfFti '�✓'��Y�v�F. AMENT: Commissioner Joe Sanchez Commissioner Johnny L. Winton Qn li Mw tib to Oarn. Goodnight Take cera of �r �.'' F '� moi. 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