HomeMy WebLinkAboutCC 2001-09-25 MinutesCITY OF
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CITY
COMMISSION
MEETING
MINUTES
OF MEETING HELD ON SEPTEMBER 25, 2001
PIUPARED BY'runi, OFFICE OF THE CITY CLERK/CITY HALL
Halter A Fotoo an1Q)1 Clerk
N4MJTES OF REGULAR MELTING OF TI-11:
(AT)" COMMISSION OF WAM1, FLORIDA
On the 25"day of September 2001, the City Commission of Miami, Florida, met at its
regular meeting place in the Ci(y Hall, 3500 Pan American Drive, Miami, Florida, in regular
session.
The meeting was called to order al 9:20 a.m. by Vice Chairman Wifredo Gort, with the
following members of till' Commission found to be present:
Commissioner Wifircdo Gort (District 1)
Commissioner Johnny L. Winton (District 2)
Commissioner.loe Sanchez (District 3)
Commissioner Tomas Regalado (District 4)
A BS ENT:
Commissioner Arthur F. Tccic, .Ir. (District 5)
ALSO PRESEN'.I':
Carlos Glmene7., City Manager
Alejandro Vilarelio, City Attorney
Walter J. Forman, City Clerk
Sylvia Scheider, Assistant City Clerk
An invocation was delivered bly Commissioner Regalado, followed by Commissioner
141inton leading those present in a pledge of allegiance to 1he.Jlag.
September 25, 2001
1. (A) APPROVE PLACEMENT OF COMMEMORATIVE PLAQUE. -AN CITY.
POLICE' HEADQUARTERS BUILDING. ,IN RECOGNITION. ,,017:173UEMBER' 'CREW:.
CO.NMPRiSED`OF'MIAMI `POLICE OFFICERS. WHO.PARTfCIPATED IN SEARCi1I AND
REECOVERY EFFORTS FOX VICTLMS OF SEPTEMBERi"11, 2001 .TERRORIST AT PACKS,
AGAINST ,AM,ERICA IN NEW YORK CITY; NEW_YORK:,!
(B) CITY MANAGER -TO PREPARE OFFICIAL WELCOME HOME CEREMONY
FOR UR.13AN .R.k SCUE 'TEA.M (72 MEMBERS Or FIRE DEPARTMENT),:WHO ARE
;CU RFZEN'1'LY,'PARTICIPA`]1NG;.lN SEARCH AND; RECOVERY. EFFORTS: FOR VICTIMS
.Oh SEI 0, I1, ?O0'1 TERRORIST ATTACKS AGAINST AMERICA, AND PONCE
OFFICERS WHO WERE ALSO PART OF SAIDZFFORT; MANAGER TO INVITE ENTIRE
COMMUNITY TO SAID CERI:M.ONl'AL EVENT.
Mayor Carollo: Ladies and gentlemen, this morning we have some very, very special
commendations that we want to make, the City government of Miami, to those police officers
firon1 the City of Miami that volunteered from day one to give of their time and sacrifice of their
11t11e in being away from their families and loved ones to immediately go to New York and help
in the recovery efforts for the victims of the tragic event of September the 1It1'. Ladies and
gentlemen, freedom does not come cheap.We.. in America have been very blessed and very
lucky. But eventually, terro1'1sm touched out- shores. And it touched us in the worst bloodshed
of American lives that we've ever seen by a foreign power inside U.S. territory. And the way
that all of Americans have conle together in joining as one, it's a primc example of why America
has been the world leader that it has been. It's a primc example of why America will also
overcome this and tr1L1111hh 1n this new war against world terrorism. And it's a primc cxatllple of
why those that were responsible for this better understand that there is not a single place in the
world that they're going to be able to hide that we're not going to find them and punish them.
The sanctuary that these terrorists once had is no longer there. There is no longer going to he
sanctuary anywhere in the world for them. The police officers of the City of iMiami that went up
there -- it's a prime example of our police force, of the vast majority of mcn and women in this
department, of their dedication and professionalism and love for country that they have, and have
shown. Immediately, aftcr we all hcarcl, saw, were shocked in hearing what happened in New
fork on that niorning of the 11 "', our police uniull stalled calling our officers to volunteer to go
to Ncw York. And we put a sizable group that went up there and helped, helped tremendously.
And ladies and gentlemen, we, the goveniment of the City of Miami want to show our
appreciation to them on behalf of all Miamians, because they, in fact, were representing all of its
there. If 1 can, 1'd like to ask Commissioner Gort and Commissioner Sanchez if they can help
me in milking these presentations. Anti if 1 could ask Lieutenant Cotera. Al, if you'd conte up
herewith the men and women that went up there with you.
(APPLAUSE)
Mayor Carollo: Pin going to read the conlnlendatlon that is (lie same tOr each and every one of
these officers. Then Cornmissioner Gort and Commissioner Sanchez will be handing them out.
Whereas the City of Mianli is aware that it's continuing success depends on the. skills and
dedication of its staff, and deeply appreciates every effort to achieve the beloved comniunity and
strengthen our bonds of friendship and kinship with the full diversity of huniapity; and whereas
2 September 2.5, 2001
Captain Roman Fernandez --:Martinez of the City of Miami Police Departtllent in the
performance of his duties and a 17 -member volunteer force, chosen among our City's peace
officers demonstrated meritorious favor and heroism and dissolved IS rescue and recovery
missions at the World Trade Center in the a'(ermath of that devastating crime against all
humanity on September 11, 2001; and where.-. the 17 -man crew representing (lie man who
wanted to aid in alleviating this incredible sad.iess tinder the flab of America and armed with a
compassion of brotherly love provided real and needed assistance, illustrating our true solidarity
with freedom's allies, and our dogged commitment to assure the perpetrators of this unspeakable
evil that we remain strong and unified as a nation, fortified in the presence of God's grace and
God's good, and with a vision of healing and retribution that moves us beyond the painful ashes
of hate and anger smoldering in the heart of our nation; and whereas it is just and appropriate that
local officials of the City of Miami, on behalf of all of our citizens in recognition of the selfless
behavior of all these officers pay due tribute to their .mission to take some of Miami's sunshine
and hope to the people of New York, offering solace and gentle comfort from a deeply saddened
Miami community, now therefore, 1, Toe Carollo, Mayor of the City of Miami, Florida, do
hereby commend each and every one of these officers for a job well done. Gentlemen, ladies,
thank you so much.
(APPLAUSE)
Mayor Carollo: And could you read the names there, so that they can be heard?
Commissioner Sanchez and: Detective Carlos Avila
Commissioner Gort: Officer Salvador Lozano.
Commissioner Sanchez: Sergeant George Gomez.
Vice Chairman Gort: Officer Martin Garcia.
Commissioner Sanchez: Sergeant Kenneth Griffin,
Vice Chairman Gort: Detective William Coser (phonetic).
Commissioner Sanchez: Detective Eddie Avila.
Vice Chairman Goa: Officer Luis Cabrera.
Commissioner Sanchez: Lieutenant Ornel Cotera.
Vice Chah•man Gort: Officer William Clayton.
Commissioner Sanchez: Lieutenant Tliomas Rooll —Tommy Roell.
Vice Chairman Gort: Detective Emillano Tamayo.
September 25, 2001
Commissioner Sanchez: Sergeant James Mann.
Vice Chairman Gort: Detective Margarita Crown. Detective Andres Arostegui. Detective
Orlando Silva.
Mayor Carollo: Ladies and gentlemen, i I' I could ask you all to give another round of applause to
these men and women.
(APPLAUSE)
Commissioner Regalado: Mr. Mayor, if I may?
Mayor Carollo: Yes, of course.
Commissioner Regalado: Humans write history, and sometimes history is not written, as it
should he. This is the darkest clay ever in the United States, and it will be remembered forever.
So I really think that the City of Miami, the next generation, should remember these men and
women that went beyond the call of duty and risked their lives for human beings, without
thinking of themselves and their fiunilics. So 1 am respectfully proposing that a plaque will be
placed somewhere in the headquarters of the Miami Police Department, remembering this group
of volunteers that went to New York to work for humanity, So the next generations will
remember this group of persons that did more than they should for the human race and freedom.
Commissioner Winton: Second the motion.
Mayor Carollo: 'There's a motion and there's a second. All in favor signify by saying "aye."
The Commission (Collectively): nye.
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO, 01-973
A MOTION APPIZOVING THE PLACEMENT OF A COMMI.MORATIV.E
PLAQUE IN TITE HEADQUARTERS BUILDING OF TI -IF, MIAMI POLICE
DEPARTMENT IN RECOGNITION OF THF, 17 -MEMBER CREW
COMPRISED OF MIAMI POLICE OFFICERS WHO PARTICIPATED INTUE
SEARCH ANIS RECOVERY EFFORTS FOR VICTIMS OF THI:s SEPTEMBER
11, 2001 TERRORIST ATTACKS AGAINST AMERICA IN NEW YORK
CITY, NEW YORK.
4 Soptember 2.5, 2001
Upon being seconded by C'ommissiotier Winton, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifiedo Gort
Comnlissioncr Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur L. Teele, Jr.
Commissioner Sanchez: Mr. Mayor, also, if I may. I think that -- in these horrible times, 1 think
that all cities throughout the nation have extended a hand to the victims and families in New
York. Our Urban Rescue Team is also up in New York, as we speak. I don't know exactly
when they're codling back, but I think that it is due that we put togcthcr an official wciconling
home ceremony, somewhere in a City facility, where we welcome back our true heroes that are
Lill there in New York, when they get back, along with these officers that were there earlier and
came back. 1 think that the City owes it to them, that we have an official welcoming home
ceremony for our officers and our wonderful fire fighters, who left their families, most of them,
not only did they leave their families. They left their businesses also behind, and went up to
New York. So .i think, Mayor, I'm respectfully requesting that we prepare an official ceremony
a welcome lioinc ceremony, somewhere iii the City ofMiarni, in a City facility, and invite all the
residents of Miami to come and show support for these wonderful human beings.
Mayor Carollo: I think that's quite appropriate, Commissioner.
Comillissioner Sanchez: '.['hank you.
Vice Chairman Gort: Mr. Mayor, .l think Chief Bryson wanted to address the Commission.
Shorty .Bryson: 'rhani: you, Commissioner. Chief Bryson, Department of 17, I thought
1'd give you a quick update on our USAR (Urban Search and Rescue) ]'earl. That's Urban
Search and Rescue Team. Seventy-two members, 24 of which are our people. Other
departments that belong to our team are in New York for their, 15"' day. "They're supposed to
conic back tomorrow. Friday and Saturday, the Manager and i went up. We looked at how the
teals was doing. We went to the site. We got down in the pit. I'll tell you this: Our team is
working 12 hours on and 12 off. They're split in half; They average about five hours of sleep a
night. They ,ire recovering bodies. They're down it the pit searching. They've earned the
confidence of the New York Fire Department, and one of the very few teams that has.
Yesterday, I got sad news that they actually recovered (lie body of a New York fire lighter that
was the brother of a Miami Beach fire fighter who was oil out- teals. And that's going to be very
hard for them to get over. They've done in excellent Joh. We expect thein home tomorrow at
5:30. We are going to send out e-mails to keep everybody updated. We're going to have a nice,
bit; ceremony. I'm sure they want to get home is quickly as possible. So what Commissioner
September 25, 2001
•
•
Sanchez. I think is talking about is a Marty after that at some point for all of these people. There's
72 of them. They have three tractor/trailer loads of equipment. That includes liber optic
cameras and listening devices, and dog teams, and everything you can think about. So I
appreciate the update. They should be home tomorrow. It's the longest activation any USAR
team has had. Thank you.
Mayor Carollo; Thank you, Chief. Thank you. If 1 could ask John Brennan to collie up, please.
John? C011lnliSSlOner GOrt, if you could ]land this commendation to Commissioner Winton, so
that llc could read it, please, and present it on behalf of all of us.
Note for the Record: At this time, the City Commission extends a Commendation to John A.
Brennan, founding member of the Waterfront Board.
6 September 25, 2001
•
2. (A) CONSENT AGFNDA
(13) COM 9IsNI'S ANnQUESTIONS 13Y COMMISSIONERS ON CONSEN AG1ahTDA I TEMS.
Vice Chairman Gort: All right. We have the consent agenda. Is any one item - any
Commissioner would like to pull any one item in the consent agenda? QIICStiOIlS?
Commissioner Winton. (INAUDIBLE) questions.
Vice Chairman Gort: 1 had a gtiestion on otle of them.
commissioner Winton: 'Phis isn't a question about. wllefher or not we should do it. It's
informational. It's relative to CA -2 and that's a heater for ,lose Marti Park. Do we heat all of our
-- how lnany City pools do we have?
Unidentified speaker: (INAUDIBLE)
Commissioner Winton: Oh, OIC. And let me go to CA -3 real quick. And it's just, you know,
my ongoing effort to make sure we got all the information here, and I call'l tell fi'om this request
whether or not we're adding to our inventory or replacing a cart. it'd be nice to have that in
there so we know
Terry Buice: Commissioner, 'Terry Buice, Assistant Director of Public Facilities. This is
replacement --
Vice Chali-man Gort: Speak into the (hike, please.
Mr. Buicc: This is a replacement ofa cart Ihat is totally worn out.
Commissioner Winton: But when you replace equipment, ill your summary page, would you
please add in a sentence or two that says "We're replacing this piece of equipment --" and Illis is
for all departments, across the board. That's \vliy I keep asking the question. If we're replacing,
tell us we're replacing. lt'we're adding to the inventory, tell us we're adding to file inventory,
And if we're replacing because it's old, don't just tell us it's old and it's worn Out. Tell us that
it's 15 years old and the whecls are falling off. I mean, just give us a little bit of good quality
inrormatlon.
Mr. i dice: Yes, sir.
Commissioner Winton: Thank you.
Carlos Gimcne (City Mana-ger): CA -3 is a replacement.
Alberto Ruder (Director, Parks & Recreation): I Ii. Albert Ruder
Vice C lmin-nan Gort: Any other --
7 September 25, 2001
•
Commissioner Winton: Hey, Al. Do we -- how many pools do we have in the City?
Mr. Ruder: We have 10 pools, of which two of paean arc opened year round. Marti is one of the.
ones that's opened year round, along with Hadley. And those are the two that need heaters.
Commissioner Winton: .And are we going to work -- OK. And we're going to ultimately work
someday towards getting all of them opened year round or is that not going to be --
Mr. Ruder: I mean, it's a budgetary issue, and it's also --
Commissioner Wintoll: Yeah. i bot -- Ihat's all l need to know. Thank you.
Vice Chairtimn Goll: ''hat's one of the goals
Commissioner Sanchez: Johnny, lust -- Mr. Chairman, just for one point of clarification. 'There
is several high schools that have their polo team and, of course, polo season is during the winter
time.. The pool is cold and stuff. I know that at least two high schools have called ane and they
know that --they're depressed their the (INAUDII3i_,I) at what's going to get the pools heated.
So, this is a process that 1 believe is needed for some of the schools that -- you know, the kids are
junll)ing in the pool and the pool's %,cry cold, even though 1 wouldn't do it. But if you want to
play polo, you've got to train in that time.
Mr. Ruder: Yes. it's not only polo. It's also their swimming learns that use both Hadley and
Marti.
Commissioner Sanchez: Exactly. OK. Thaink you. So move the consent agenda, Mr.
Chairman.
Vice Chairman Gort: No. Wait a minute. Anyone else? Number 5, 1 have a question oil the gas
mask bid. It shows for four thousand five sixty-five, but when you go through the hack up
material -- I'm looking at nine hundred and nine thousand. I was a little lost in there. Another
resolution for approving the -- t.hc resolution states four thousand five hundred sixty-five. What
want to know the -- is this the contract they've had with us or -- Item 5, I know, is for purchase
of the -- to be able to repair some of the gas masks that we have, but as I go through the
background material, 1 have all kinds of purchases totaling nine hundred and nine thousand
dollars ($909,000). Is this I'or what we have purchased with this individual?
Bobby Cheatham (Deputy Police Chief, l7ield Operations): This is for indiyldUal ptll'l)oSC --
purchases, a total of thirteen hundred gas masks, thirteen hundred Filters, and sixteen Hundred of
those little carrying cases.
Vice Chairman Cort: So, we're talking a total of nine hundred and nine thousand?
Mr. Cheatham: Yes.
Vice Chairman Goil: Resolution calls fur four thOUSand five sixty-five. That's why I'm --
R September 25, 2001
Mr. Cheatham: Let me check to brake sure.
Vice Chaitlnan God: Are you showing us all existing contract or -- my question is, ill this
background that I'm looking at, that it shows several purchases.
Chief Raul Martinez (Chief of Police): Commissioner, that CA item that you're dealing with is,
yes, for replacement parts for the current gas masks that we have now. There will be another
item that will come up at the October Commission, that the Manager has to approved, which is
purchase of brand new gas masks, which is a much more expensive iteral. But the item that's in
Front of you is CA -5 --
Vice Chairman Gort: is it four thousand'?
Mr. Martinez: Correct.
Vice Chairman Gorr: ':Chat's what I'm talking about.
Mr. Martinez: That's all there is. It's an open purchase order for parts and repairs for the current
gas masks that we have. 1'111 not SUIT what the attachment that was --
Vice Chairman Gort: Well, i have a sheet here that tells me nine hundred and nine thousand
dollars ($909,000) expenditure with this company.
Mr. Martinez: No. The resolution that's in front of you is four thousand five hundred sixty-five
dollars and seventy-six cents ($4,565.76), up to that for repairs.
Vice Chairman Dort: So, this does not concern with this?
Mr. Martinez: And, probably, Commissioner, that is part of the other iteral that will be coming --
Vice Chairman Gort: 'Chat will be coming in.the fixture. OK.
Mr. Martinez: -- before the Commission in October.
Commissioner Wildon: But it sure does confuse us when you add that stuff in there, you know.
Mr. Martinez: And 1 apologize, You know, it's -- I don't know. They probably trot mixed.
(At this time, Commissioner Teele entered the: Commission chambers at 9:46 a.m.)
Vice Chairman Gort: Good morning, Commissioner Teele. We're on the consent agenda. Is
any one item you'd like to pull? That was the only question I had.
Judy Carter (Director of Purchasing): l could explain that.
9 September 25, 2001
Vice Chairman Gort: Go ahead. Go ahead and explain it, ma'am.
Ms. Carter: Good morning.
Vice Chairman Gort: It's always a pleasure to listen to you.
Ms. Carter: What we -- this is an --
Vice Chairnian Gort: And you arc?
Ms. Carter: Oh, I'm Judy Carter, Director of Purchasing. This is an as -needed, when -needed
contract, which means, when we issue the bid, we give on a high side the potential need for the
contract on in item -by -item basis. At the end of the day, when we go to the Commission, we're
basically going with the available dollars for whatever is needed at that particular time. So, in
this instance, while you may have had a quantity of "X" number, they very well may only be in a
position to buy "X" number at a lower amount. So, that's why that amount is lower. Although,
if you added all of those items together, it represents a very large dollar amount.
Vice Chairman Gort: Thin, my question is, have we approved this contract for (lie large amount
before?
;Vis. Carter: No, I don't think so.
Vice Chairman Gort: OK.
Ms. Carter: But -- what the quantity was given to us was based upon their potential need. And
would imagine (hat, if they find that that increases, they're going to have to come back to you --
Vice Chairman Gort: Right.
Ms. Carter: -- and ask for an increase in the contract.
Vice Chairman Gort: Well, Ms. Carter, then, my question, once again, goes back to if, at any
one time, did we have a resolution accepting this bid for the whole thing, but not with a
commitment to buy unless we had the funding?
Ms. Carter: No, we've never had that. No.
Vice Chairman Gort: So, this would have to come back to us to be approved at one time?
Ms. Carter: Absolutely.
Vice Chairman Gort: And will you have to go out for a bid for every one of these --
Ms. Carter: No. This is it. What we would come back to you is, if we're going to increase the
dollar expenditure. But we already have our firm prices in place.
10 September 25, 2001
Commissioner Winton: You mean increased over forty-five hundred or increased over nine
hundred thousand?
Vice Chairman Gort: No.
Nis. Canter: No. It would he increase --
Commissioner Winton: That's his question.
Ms. Carter: -- over the resolution amount. And what is the resolution amount'?
Unidentified speaker: Forty -live hundred.
Ms: Carter: Huh?
Vice Chairman Gort: In other words, Judy -- Ms. Carter, let me ask you a question. Maybe we
can clear this. We had a bid out -- we had a competitive bid fur all those items.
Ms. Carter: You asked me, have we in the past'?
Vice Chairman Gort: Yes, for all ofthis that's here today.
Ms. Carter: l don't think we've ever had a contract in place for this. We may have done it on a
small purchase basis.
Vice Chairman Gort: Is this a sole source or is this �-
Ms. Carter: No, not at all. We had several bidders. Yes, yes, right. Because -- and I'm tying to
explain it as best I can. The Department provided its with an estimated amount that they would
want to buy, per item.
Vice Chairman Gort: Right. I understand that. Yes.
Ms. Carter: Now, if you add all of these together, you get this huge amount.
Vice Chairman Gort: Right.
Ms. Carter: They're not buying that because they don't have that kind of money to bury it.
Vice Chairman God: Right, I understand that.
NIS. Carter: But what we did do, though, as a result of this contract, we now have one in place
that says, anytime we need any of these parts, we will lie able to access this contract at those
particular prices.
11 September 2.5, 2001
Vice Chairman Gort: At those prices that you had agreed on. OK.
Ms. Carter: Noxv, at this point. in time, we're only asking for authorization of four thousand --
Vice Chairman Gort: Right.
Unidentified speaker: Forty-five hundred dollars ($4,500).
Ms. Carter: Exactly.
Vice Chairman Gort: 1 understand.
Ms. Carter: But 1 will assure you that, if we go over that amount, we will be back to you to ask
for an increase in the contract. But the prices --
Vice Chairman Gort: That's what I'm saying. We approved this whole package way before.
Ms. Carter: This is the first time, not -- this is the first time.
Vice Chairman Gort: This is the first time?
Ms. Carter: Yes. We've never come here before.
Vice Chairman Gort: OK. So, we're approving this and we're only taking --
Ms. Carter: You're getting confused Nvith the uniforms. This is gas mask parts only.
Vice Chairman Gort: I understand that. But we're also approving this vendor?
Ms Carter: Yes.
Vice Chairman Govt: OK, That's my question.
Ms. Carter: Yes, Absolutely.
Vice Chairman Gort: '.I'his is the best vendor of all the vendors that we received?
Ms. Carter: Absolutely.
Vice Chairman Gort: That was my question. Thank you.
Ms Carter: And we received several bids f:or this.
Vice Chairman Gort: Got you. Thank you. My understanding is, it's a three-year bid. All right.
Corn missione.r Teele.
12 September 25, 2001
Cumnlissioner Teele: No items.
Vice Chairman Gort: OK. Is there a motion --
Commissioner Winton: Move to -- moved.
Vice Chairman Gort: Is there it second?
C.`o111n11ssioner Sanchez; Second.
Vice Chairman Gort: Is anyone in the public would like to address any of the items in the
consent agenda? Anyone in the public Would like to address any of the items in consent agenda?
OK. All in favor state it by shying "ave."
The Commission (Collectively): Aye.
NOTE FOR THE RECORD: CODE SEC. 2-33 (J) STIPULATES
THAT CONSENT AGENDA ITEMS 'THAT ARE RFMOVI?D FROM
THE AGENDA PRIOR TO CfTY COMMISSION CONSIDERATION
SHALL AUTOMATICAI_.I,Y BE SCHEDULED AS A REGULAR
AGENDA ITEM AT THE NI -?XT REGULARLY SCHEDULED
MEETING OF TI1i CITY COMMISSION.
'T'hereupon, on motion duly made by Commissioner Winton and
seconded by Commissioner Sanchez, the consent agenda items were
passed by the following vote:
AYES: Vice Chairman Wifrcdo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Ailhur F. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Nonc.
13 September 25, 2001
2.1 ACCEPT:BID Or ENGIN. E, AND ACC'ESSO'RY, INC. PORSUANT TO INVITATION`
FOR BIDS NO. '.U0 -O]-179, FOR PROCUREMENT OF THREE`'` FUEL ., TRANSPORT:
TANKERS FOR DEPARTMENT.OF;GENERAL.SERVICES A0'MlNISTR'ATl.ON;.$109,150.
RESOLUTION 01-974
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF FNGLVF, ANDACCESS'ORY, INC., THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER FURSI;ANT TO INVITATION FOR BIDS NO. 00-
01-179, DATED JUNK. 27, 2001, FOR THE PROCUREMENT OF THREE
FUEL TRANSPORT TANKERS FOR THE DEPARTMENT OF GENERAL
SERVICES ADMNISTRATION, IN AN AMOUNT NOT TO EXCEED
5109,350; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT
PROJECTNO. 31 1702.429401.6.8140.
2,2 ACCEPT 13113 OF SY.N11310NT SERVICE CORP ;'1'�URSUANT TO INV.ITATION FOR
13ID3 TVO. 00-01-153R,� FOIt;PROCUREMENT OF ONE SWIMMING POOIa HEATER FOR'
JOSE MARTI PARK, FOR DEPARTMENT OF PARKS AND RECREATION,:S43,544.
RESOLLYHON 0 1 -975
A RESOLUTION OF TILL' MIAMI CITY COMNIISION ACCEPTING THE
BID OF SKVfl310NT S'VRl//CL CORP., THE LOWEST RESPONS1Vf .AND
RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-
01-1538, DATED MAY 21, 2001, FOR THE PROCUREMENT OF ONE
SWIMMING POOL HEATER FOR 1'HF_. JOSE MARTI PARK FOR THE
DEPARTMENT OF PARKS AND RECREA'T'ION, IN AN AMOUNT NOT TO
EXCEED $43,544; ALLOCATING FUNDS FROM ACCOLJNT CODE NO,
331385.589301.860,
14 September 25, 2001
CEPT 131D OF JEFFREY;ALLEN, INC. PURSUANT'To NVITATION FOR BIDS
N0. 00- 1 232, FORPROCUREMENT QIP ON`E ELECTRIC VEHICLE FOR`<DINN'Ek KEPI
MARINA, 'FOR. I�EPARTMEN I' OF , 6o INCE S, ! CON`V ,NT;.lONS . ANI) PUI3LIC
FACILITIES, $6,900; ALLOCATE FUNDS FROM CONFERENCES, CONVENT10N5, X*
YUB.LICFACIXaITIIrS, DINNER ICBY`Iv1ARII TA GENERALOPERATING BUDGET;
RESOLUTION 01-976
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING 'I'.HF
BID OF,IF..rFRE3=ALLEA� INC. THE LOWEST RESPONSIVE AND
RISPONSII31..1? BIDDER PURSUANT TO INVITATION .FOR BIDS NO, 00-
01-232, DATFID AUGUST 16, 2001 FOR THE PROCUREMENT OF ONE
ELECTRIC VEHICLE FOR DINNER KEY MARINA, FOR THE
DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC"
FACILITIES, IN AN AMOUNT NOT TO EXCEED S6,900; ALLOCATING
FUNDS FROM CONFERENCES, CONVENTIONS, AND PUBLIC
FACILITIES, DINNER KEY MA.RrNTA GENERAL OPERATING BUDGE:'',
ACCOUNT CODE NO. 414000.350506.850.
2.4 :ACCEPT B ID OF ATLANTIC TRUCK CENTER PURSUANT TO INVITATION FORII
BIDS ,NO. 00=01-180' ,FOR PROCUREMENT AND- DELIVERY OF SEVEN COMPLETE
TRASH` TRUCKS;; IINTCLUDING. CAB, CHASSIS, ';32=CUBIC .YARD : CQLLGCTION BODY.
AND ''RELATED COMPONENTS FOR DEPARTMENTC)I+ GEN.ERAL SERVICES'.
DMI
ANISTRATION FOR USC BY DEPARTMENTS.OF SOLID WVASTE ANN"D PARKS AND,.
RECREATION;:$385;449:
RESOLUTION 01-977
A RESOI.,UTION OF TL -IE MIAMI CITY COMMISSION ACCEPTING THE
BID OF ATLANTIC TRUCK CENTER, THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-
180, DATED JULY 2, 2001, FOR THE PROCUREMENT AND DELIVERY OF
SEVEN COMPLETE TRASH TRUCKS, INCLUDING CAB, CHASSIS, 32 -
CUBIC YARD COLLECTION BODY AND RELATED COMPONENTS FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FOR USE BY
THE DEPARTMENTS OF SOLID WASTE AND PARKS AND RECREATION, IN
AN AMOUNT NOT TO EXCEED $385,449; ALLOCATING FUNDS FROM
CAPITAL IMPROVEMENT PROJECT NOS. 353010.329402,6.840, IN THE
AMOUNT OF $300,000, 353018.329401.6.840, IN THE AMOUNT OF $30,442
AND 331368.589301.6.840, IN THE AMOUNT OF $55,007.
15 September 25, 2001
2.5: ACCEPT > BID OF ADV NCEU POLICE & . FIRE: SUPPLIES, TNC;, PURSUANT; TO;;
INVITATION .FOR BIDS ,.NO, 00-01'=120, FOR PROCUREMENT OF MISCELLANEOUS
`REPLACEMEITT PARTS FOIL GAS MASKS',' FOR'DEPARTIVI>✓i�'!' O.F POLICE, $4;SGSc7G;
ON AS -NEEDED BASIS;..ALI.-UCATE:,'FUNDS FROM POLICE GENERAL OPERAT NG
i3U1]'GET.
RESOLUTION 01-975
A RESOLUTION Ol- THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF ADVANCED POLICE & FIRE SUPPLIES, INC., THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION
FOR BIDS NO, 00-01-120, DATED JUNE 29, 2001, FOR THE PROCUREMENT
OF MISCELLANEOUS REPLACEMENT PARTS FOR GAS MASKS, FOR THE
DEPARTMENT OF POLICE, IN AN ANNUAL AMOUNT NOT TO EXCEED
$4,565.76; ON AN AS -NEEDED BASIS FOR A PERIOD OF TWO YEARS,
WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR
PERIODS, SUBJECT TO A 4% INCREASE IN THE THIRD AND FOURTH
YEARS; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 001000.290201.6.075.
2.6 'ACCEPT"61D:0 SOUTH FLORIDA ' M'AINTENANCB SERVICES, LNC,, PURSUANT
TO INU!' AT10N! FOR BIDS' NO: Q0; -U1 ,071; ` F012 :`PROVISION .0, GROUNDS':
�MAINTENaNCE SERVICES A.C. kM
M I RIVERSIDE CENTER' FOR DEPARTMENT;OF
GENERAL . SERVICES .ADMINIS'PRATION .$f'6)754,,"."ALLOCATE FUNDS FR'ONI:
GENERAL SERVICES ADMINISTRATION,;;MIAMr RIVERSIDE D1VIS101N
RESOLUTION 01-979
A RI SOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF SOUTH FLORIDA MAINTENANCE SERVICES, INC., THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION
FOR BIDS NO. 00-01-071, DATED JUNE 11, 2001, FOR THE PROVISION OF
GROUNDS MAINTENANCE SERVICES AT THE MIAMI RIVERSIDE CENTER,
FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ON A
CONTRACT BASIS FOR A PERIOD OF TWO YEARS, WITH THE OPTION TO
RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL
AMOUNT NOT TO EXCEED $16,794; ALLOCATING FUNDS FROM GENERAL
SERVICES ADMINISTRATION, MIAMI RIVERSIDE DIVISION, ACCOUNT
CODE NO. 504000.421901.6.670, SUBJECT TO AVAILABILITY OF FUNDS.
16 September 25, 2001
• 0
2.7 APPROVE* PROCUREMENT OFAL BUCKET TRUCK; 3300
'..ONE: COMPLETE AFRI i
GVWR• CAB ; AND CHASSIS_ WITH 58 -FOOT BUCKET. AND CHIPPER BODY,. FOR,
DEPARTMENT OF- GENERAL `SERVICES ADMINISIT&ATION :FOR. USE BY
;DEPARTMENT 'O]i PUBLIG, WORKS FROM PALM PETERBlLT-GMC TRUCKS, . INTC.,.
UNIDER EXISTING PAL1N-BGACH GOUNTV, FLOPJDA`DID'NO..01=001/PP $100;066.'
RFSO LUT [ON 0 1 -980
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
PROCUREMENT OF ONE COMPLETE" AERIAL BUCKET TRUCK, 3300
GV WR CA13 AND CHASSIS WITH 58 -FOOT BUCKET AND CHIPPER
BODY, FOR 'I'I1G DEPARTMENT OF GENERAL. SERVICES
ADMINISTRA'HON FOR USE BY THE DEPARTMENT OF PUBLIC
WORKS FROM Pit LM PF,TFRBILT-GMC 7RUC.'KS, INC, UNDER EXISTING
PALM BEACH COUNTY, FLORIDA BID NO. 01-001/PP, IN AN AMOUNT
NO'I.' 'CO 1 XCFED $100,066; ALLOCATING FUNDS FROM CAP.I,rAL
IMPROVEMENT PROJECT NO. 31 1702.429401.6.840.
2':8 APPROVE ACQUISITION OF ` AUTOMAT:[C, TRANSMISSION EXCHANGE AND
OVERI-iAUL1NG,... SIa.RVICES FOR" 'DEPAR'T'MENT OF GENERAL SERVICES
ADMINISTRATION FROM . PI`I'TS ENGINE AND TRANSMISSION, AAALLRIGHT
TRANSMISSION. AN EAB INVESTIviF,NTS, D/B/A S.PCEDY TRANSMISSION, UNDEX
EXISTING MII'MI�DADE COUNTY CO ?TRACT I NO. 2616=3lp5-COIR; $95;000;1
,ALLOCATE FUNDS FROM,:; GENERAL SERVICES— ADMINISTRATION, FLEET,
\9ANAGEMENT DIVISION,.;$65,,000, AND FIRE RLSCUE,:ACCOUNT $30,000:
RESOLUTION U1-981
A RESOLU'['ION OF THE M1AM.1 CITY COMMISSION APPROVING THE
ACQUISITION OF AUTOMATIC TRANSMISSION EXCHANGE AND
OVERHAULING SERVICES FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION FROM PITTS ENGINE AND TRANSMISSION,
AAALLRIGHT TRANSMISSION AND EAS INVESTMENTS, DIB/A SPEEDY
TRANSMISSION, ON AN AS -NEEDED CONTRACT BASIS, UNDER EXISTING
MIAMI-DADE COUNTY CONTRACT NO. 2616 -3/05 -OTR, EFFECTIVE
THROUGH MAY 31, 2003, AND ANY EXTENSIONS, WITH THE OPTION TO
RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL
AGGREGATE AMOUNT NOT TO EXCEED $95,000; ALLOCATING FUNDS
FROM GENERAL SERVICES ADMINISTRATION, FLEET MANAGEMENT
DIVISION, ACCOUNT CODE NO, 509000.420901.6,670, IN THE AMOUNT OF
$65,000, AND FIRE -RESCUE, ACCOUNT CODE NO. 001000.280701.6.670 IN
THE AMOUNT OF $30,000, SUBJECT TO AVAILABILITY OF FUNDS.
17 September 25, 2001
2.9 ' ACCEPT RECOMMENDATION,'bR MANAGER.TO IAPPROVE ,FINDINGS..,OE
SELECTION ,COMMITTEE, PURSUANT TO REQUEST FOR;PROPOSAL NO .'00=01 160',;
,THAT., MtJOST Q. ALIFIED FII ViS. TO PROVIDE. BACKGROUND ;INVESTIGATXON`
'SERVICES;FOR DEPARTMENT'OF :HUMAN RF,S'OLRCES ARE: (I) CHOICE POINT; (2)
NATIONAL BACKGROUND INVESTIGATIONS, INC. AND (3)'PRESCREEN AMERICA?"
MANAGER TO EXECUTE PROFESSIONAL SERVICES .AGREEMENT, WITH CHOICE
POINT, FIRST -RANKED FIRM;; AUTHORIZE 'MANAGER TO) EXFCU, F ';AGREEMENT'
rT
WITH NATIONAL BACKGROUND INyLSTiGATIONS, INC., SECOND RANKED FIRM,
.IN EVENT° FAIR, COMPETITIVE, : AND REASONABLE AGREEMENT .CA':NNOT BE
NEGOTIATED AND EXECLYFED WITH CHOICE POINTAND' IF NEGOTIATIONS ARE
NOT SUCCESSFUL TO P.ROCEED'TO PRESCREEN AMERICA, THIRD -RANKED FIRM;,
MANAGER TO PRESENT AGREE, :NT TO CITY :COMMISSION FOR:
CONSIDERATION:
RESOLUTION 01-982
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS
OF THE SELECTION COMMITTEE, PURSUANT TO REQUEST FOR
PROPOSAL NO. 00-01.160, THAT THE MOST QUALIFIED FIRMS TO
PROVIDE BACKGROUND INVESTIGATION SERVICES FOR THE
DEPARTMENT OF HUMAN RESOURCES ARE, IN RANK ORDER: (1)
CHOICE POINT, (2) NATIONAL BACKGROUND INVESTIGATIONS, INC. AND
(3) PRESCREEN AMERICA; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CHOICE POINT,
THE FIRST -RANKED FIRM; FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH NATIONAL
BACKGROUND INVESTIGATIONS, INC., THE SECOND -RANKED FIRM, IN
THE EVENT A FAIR, COMPETITIVE, AND REASONABLE AGREEMENT
CANNOT BE NEGOTIATED AND EXECUTED WITH CHOICE POINT; AND IF
NEGOTIATIONS ARE NOT SUCCESSFUL TO PROCEED TO PRESCREEN
AMERICA, THE THIRD -RANKED FIRM; DIRECTING THE CITY MANAGER TO
PRESENT THE AGREEMENT TO THE CITY COMMISSION FOR ITS
CONSIDERATION.
is September 25, 2001
•
E
2.10f AUTI-LORIZE MANAGER TO.EXECUTE' AMENDMENT H TO AGREEMENT; WITTIJBIAC
HEAL'I'1[ TRUST "OF. MIAMI -DADS ; OUNTY, I-LOR[DA; WHICI•I...OPEIZATES .JACKSON:
MEMORIAL AQSYITAT., 'I'O EXTEND `I'ERTN OF'AGREEMENT FOR COORDINATION: OF,
EMtR6E14 Y'` M' DICAL SERVICES;: .RUR' .DEPARTM.Ef Qh JiIRE RESCUE';',, EOR ,ONE
ADDITIONAL TWO-YEAR PERIOD, $139,500,,,,,
RESOLUTION 01-983
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY,
FLORIDA, WHICH OPERATES JACKSON MEMORIAL HOSPITAL, TO
EXTEND THE TERM OF AGREEMENT FOR THE COORDINATION OF
EMERGENCY MEDICAL SERVICES FOR THE DEPARTMENT OF FIRE -
RESCUE FOR ONE ADDITIONAL TWO-YEAR PERIOD ENDING SEPTEMBER
30, 2003, IN AN ANNUAL AMOUNT NOT TO EXCEED $134,200 FOR THE
FIRST YEAR AND IN AN AMOUNT NOT TO EXCEED $139,500; ALLOCATING
FUNDS FROM ACCOUNT CODE NO. 001000.280601.6.270.
2.11. CONSENT TO ASSIGNMENT BY INTEGRATED REGIONAL;LABORATORIES,.TO
UNIVERSAL TOXICOLOGY ;LABORATORIES, ITROFESSIONAL . SERVICES
AGAEEIbIENT FOR � DRUG SCREENINTCr. BETWEEN. INTEGItATED :REGIONAL
�LMT30RATORIES AND CITY
RESOLUTION 01-984
A RESOLUTION OF THE MIAMI CI'T'Y COMMISSION, WI`CH
ATTACHMENTTS, CONSENTING TO THE ASSIGNMENT OF A
PROFESSIONAL. SERVICES CON'I'RACT BETWEEN THE CITY OF MIAMI
AND INTEGRATED REGIONAL LABORATORIES TO UNIVERSAL
TOXICOLOGY LABORATORIES TO PROVIDE DRUG -SCREENING
SERVICES UNDER THE SAM1 T.FR-MS AND CONDITTONS SET FORTH IN
EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY
NIANAGF:R TO EXECUTE A CONSENTTO ASSIGNMENT AGREEMENT,
'IN SUBSTANTIALLY THE FORM ATTACHED.
19 September 25, 2001
2,12.; AUTHORIZE MANAGER OR DESIGNEE TO EXE CUTE'. RELEASE OF COVENANT
RUNNING WITH LAND, It'ELATING' TO FORMER : ENCRQACHME'NT ::INTO PUBLIC
RIGHT ''OF WAY' AT 2331 TIGERTAIL COURT. AND . DIR1~CT;: ADIv(INJSTRATXON TO
DELIV.ER.SAID RELEASE OF COVI3NANT TO PR— tkTI ' OWNERS
RESOLUTION 01-985
A RESOLUTION OF THE: MIAMI C[TY COMMISISON, WIT11.
ATTACHMENT (S), AUTHORIZING THE CIT f' MANAGER OR ITS
DESIGNEE TO EXECUTE A RELEASE OF COVENANT RUNNING WITH
THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM, RELATING TO
A FORMER ENCROACI-IMENI" INTO THE PUBLIC RIGIll' OF WAY AT
2331 TIGERTAIL COURT, MIAMI, FLORIDA, AND DIRECTNG THE
ADMINISTRATION TO DELIVER SAID RELEASE OF COVENANT TO
THE PROPERTY O\N NERS.
2.13 AUTHORIZE ENCAGrMGNT OF ,COUNSFI..' : rU. "It13['It1.S1 NT. ,CITY I]\i M:A'C"! I R, OF:
'I'likMINATION OF EMPL;OYM�:NT `C.ROC) EDINGS AGAINST JESUS ."JESSE AGUIR0,
25,000 I'I.US COSTS AS. API'ROVI.11,BYY CITY ATTORNEY; ALLOCATEI UNDS FROM SIaI;F
INSURANCE AMD INSURANCE TRIJS'TTUND.
RESOLIJ".[.'ION 0 1 -986
A RESOI. A.'ION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
F.NGAGEMF,NT OF COUNSEL TO REPRE3E I 'I'T-IE CITY OF .MIAMI IN THE,
MATTER OF TF..RMINATION OF EMPLOYMENT PROCF.EDTINGS AGAINST
JESUS "JESSE" AG JERO, IN THE AMOUNT OF 525,000 PLUS COSTS AS
APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM TME
SEL,R-INSURANCE AND IN'SUItANCE TRUST .FUN -D, ACCOUNT CODE NO.
515001.624401.6.661, IN FISCAL YEAR 2002 AND PROFESSIONAL SERVICES -
LEGAL, ACCOUNT CODE NO, 001000.230101.6340.25014 ICOR SAID SERVICr.S.
20 Seplemher 25, 2001
•
2.14 AUTHORIZE ENGAGEMENT'OF LAW FIRM OF HOLLAND ''& KNIGHT, P.A,FOR
REPRESENTATION.OF-CITY IN CASES OF CITY, ET AL. VS. SA'WYER'S WALK,, LTD.,
ET AL AND CITY, ET AL VS; LYRIC. VILLAGE HOUSING; INC,, ET AL , $75,000 FOR
EACH'CA.Si;`-PLUS'COST.S AS. APPROVED BY CITY ATTORNEY
RESOLUTION 01-987
A RESOLUTION OF THE .MIAMI CITY COMMISSION AUTHORIZING TIIE
ENGAGEMENT OF THF LAW MRM OF .IIOLLAND & KNIGH'T', P.A. FOR
REPRESENTATION' OF THE CITY OF MIAMI IN THE CASES OF CITY OF
Affiblll, ET AL. YS..SAll,YLR'S I4TAKL, LTD., ET AL., ELEVENTH JUDICIAL
CIRCUIT CASE NO. 00-28860 CA (09) AND CITY OF MIAMI, ET AL. VS.
LYRIC 11ILLAGE HOUSING, INC:., ET AL., ELEVENTH JUDICIAL CIRCUIT
CASE N.O. 00-30414 CA (13), IN THE AMOUNT OF $75,000 FOR EACH
CASE PLUS COST'S AS APPROVED BY THE CITY A17ORNEY;
ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.230101.6.250.
2.1 s AU'I'HOKIZ& CONTINUED ENGAGEMENT OF LAW'., FIRM OF AKERMAN,
SENTERFITT` & EIDSON P.A. ; FOR REPRESENTATION OF tlTY IN CASE `OF LYNN:
AND PERRY: RUNNELS, AS PERSONAL ,REPRESEN.TATIVES.:OF JESSE STUART
-RUNNELS "VS. CITY; $250,000; PLUS DY COSTS AS APPROVED CITY ATTORNEY,
"AL[::OCATI rUNDS'FRO:M S,E,Lft-INSURANCE AND''INSURANCB TRUST FUND.
RESOLUTION 01-988
A LtESOi.,U'1.'ioN Oh' 'CHF., MIAMI CITY COMMISSION AUTI IORIZING T'HE
CONTINUED ENGAGEMENT OF TIIF LAW FIRM OF AKERMAN,
SENTERFITT & EIDSON, P.A. FOR REPRESENTATION OF THE CITY OF
MIAMI IN THE CASE OF LYNN AND PERRY RUNNELS, AS PERSONAL,
REPRESENTATIVES OF ,JESSE: STUART RUNNELS VS. CITY OF MIAMI,
rN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF
FLORIDA, CASE NO. 00 -2930 -CIV -KING, IN 'TYLE AMOUNT OF $250,000
PLUS COSTS AS APPROVED BY THE CITY ATTORNEY;
ALLOCATING FUNDS I+RONI THE SELF-INSURANCE. AND
INSURANCE 'CRUST FUND, ACCOUNT CODE NO. 515001.624401,6.652,
FOR SAID SERVICES.
21 September 25, 2001
3. DIRECT' MANAGER 'TO CONF1R:M CERTIFICATION OF CAMILLUS NVORK' PROGRAM,
HANDS-ON JOB 'FRAINING PLACEMENT PROGRAM POR; i-IOMEI ESS; PERSONS IN MIAMI-
DAi)E COUNTY, LOCATED 1� P 726 NORTHEAST 1sT AV.ENUF, AS CONSIS i'EN1 WII'H.LOCAL.
`PLANS AND REGULATIONS, MANAGER 'TO;.ISSUE, 'OFFICIAL STATEMENT. Or SUCH,
CERT TFiCATIb ,
N ONCE�SUCI•I STATUS I -IAS 13rEN D$TCItMINED:
Vice Chairman Gori: I don't have any iteins. Commissioner Winton.
Commissioner Winton: My first one's a resolution on the Camillus House Work Program and --
Peter, you want to give its a quick overview so we can then pass the resolution?
Peter England: Thank you, Commissioner. Commissioners, Fin Peter England, Camillus House
336 NW 5"' Street, Miami 33125. We've been operating, for about the last two years, a work
program, teaching necessary work skills to some of out- clients. Admittedly a small number, but
you've got to start somewhere. The state of Florida offers, through their Community
Contribution Tax Credit Program, (lie ability for Florida businesses to get tax rebates if they
slake contributions to certified programs. That's the reason that we conic before you this
morning, to ask this Commission to certify the Camillus Work Program, so that businesses in the
future that make contributions to this program can benclit under that program. Simple as that.
Commissioner Winton: Motion to approve the resolution.
Commissioner Teele: Second.
Vice Chairman Uort: Movcd by Commissioner Winton and seconded by Commissioner Tcele.
Any discussion on the item? Any discussion'' All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 01-989
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CI'T'Y MANAGER TO CONFW-M CERTIFICATION OF THE C'AMILLUS
WORK I'ROC:RAA4, A HANDS-ON JOB TRAINING PLACEMENT
PICOGRAM FOR HOMELESS PERSONS IN MIAMT-DADS COUNTY,
LOCATED AT 726 NORTFIEAST Ise AVENUE, MIAMI, FLORIDA, AS
CONSISTENT WI'T'H LOCAL PLANS AND REGULATIONS, PURSUANT TO
§212.08 (5) (q), §220.183, AND §624.5105, FLA. STAT. (2000); FUR'I TER
DIRECTING THE CITY MANAGER TO ISSUE AN OFFICIAL STA'1'1-.'-,MENT
OF SUCH CERTIFICATION ONCE SUCH STATUS HAS BEIM
DETERMINED.
22 September 25, 2001
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner "reek, the resolution was passed and adopted by the
following vote:
AYES; Vice Chairman Witredo Gort
Commissioner Tomas Rcgalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commisslonel' Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you, sir.
Mr. England: Tliank you.
23 September 25, 2001
4. APPROVE' BAYFRONT PARI{ MANA(IEMENT TRUST'S (B. MT) ACCEPTAYCE OF
GRANT, 525,000,. FROM STATE OF FLORIDA, DEPAPTMFNT OF C01tiMUNITY
,AFFAIRS' FLORIDACOASTAL MANAG'E),IE\T;T PR
OGRAMAND''RATIFY BPMT
,EXECUTIVE D1R;GTOZ S IXEGUTIONOT;FrD✓RALCY"FUDED
SiJBGRANT
AGREEMENT � FOR PURPOSE OF CREATING, VISIONING PLAN RELATED ,TO ;WATE;R
EDGE:OF'BICENTENNIAL PARK;'ALLOCATE.;.$5 000, FROM OPERATTyCa BUDGET'OI~
BPMT
Vice; Chairman Gort: "B."
Conllnlsgioner Winton: This next resolution authori7.cs us to accept a grant in the amount of
twenty-five thousand dollars ($25,000) from the State of Florida Department of Community
Affairs. This is a brant that, when we were doing the Bicentennial Park Master Plan, you know,
one of the volunteers dub up this grant. And it was originally supposed to be used as a pari. -- the
original intent was to use it for part of the planning of the hay walk, but we couldn't plan the bay
walk because it's out of sequencing order. You know, Because there are other things you've got
to do first. We actually got the Department of and so we told the Department of Community
Affairs that we really couldn't use the money. So, we were going to send it back. 'then we
suggested that, as a first step to create real activity there, there arc some things we can do, and
one of the things that we can do is to repair the; -- what's the matter with illy brain -- the concrete
at the waterfront, what's that called again?
Unidentified Speaker: (INAUDIBLE; COMMENTS)
Commissioner Winton: Thank you. .lust went totally detail. The bulkhead —and there's a lot of
damage to the bulkhead. We convinced the State of Florida to allow us to use that brant to start
the process to begin repairing file bulkhead. The work is going to be done through the Bayfront
Park Trust and so this resolution is to accept the brant and - and to authorize the Bayfronl Pack
'frust to move forward with utilizing the twenty-five thousand dollars ($25,000) and there's a
match required because I think the total cost is -- is thirty thousand dollars ($30,000) and so
Bayfront Park Trust is going to Manage With OI' thatch with fIVC thOUsarld (5,000) so it's really
a pretty good match here,
Commissioner Sanchez,: So moved, .Mr. Chairman.
Commissioner Winton: Second,
Vice Chairman Gort: Moved and second. Any further discussion? Being none, all in favor state
it by saying "aye."
The Commission (Collectively): Aye.
24 September 25, 2001
The f61lowing resolutlOtl waS 1110r0duced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 01-990
A RESOLUTION OF THL MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING TILE BAYFRONT PARK MANAGEMENT
TRUS'T'S ("BIIM'I") ACCEPTANCE OF A GRANT, 1N THE AMOUNT OF
$25,000, FROM THE STATE OF FLORIDA, DEPARTMENT OF
COMMUNITY AFFAIRS' FLORIDA COASTAL MANAGNMi NT
PROGRAM, AND RATIFYING THF, BPNIT EXI CUTIVB DLRECTOR'S
EXECUTION OF THE FEDERALLY PUNDED SUBGIZANT AGREEMENT,
IN SUBSTANTIALLY TIIF ATTACHED FORM, I,OIZ THE PURPOSE OF
CREATING A VISIONING PLAN RLLA'FED TO THF WATER EDGE OF
BICENTENNIAL PARK; FURTHER AUTHORIZING THE ALLOCATION OF
FUNDS, IN AN AMOU-NT NOT TO EXCEED $5,000, FROM THE
OPERATING BUDGETOF BP.N9'.I' I -'OR TI IIs SAME PURPOSE.
(Here follows body oi'rcsolution, onlilted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, tl1c. resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
C.ommissionci- Tomas Regalado
Commissioner .roc Sancllez
Commissioner Arthur E. Tecle, Jr.
Commissioner Johnny L.. Winton
NAYS: None.
A 13S ENT: None,
25 September 25, 2001
S. INSTRUCT MANAGER `l'O ' BRING APYROPRIATE RESOURCES -,TO' BOTH
PLANNING AND.BUILDING- D;LPART..MI✓NTS.TO E?ZPEDITE, RERMIT INSPECTION UF.'
I?ROPB1t CY TO BC DEVELOPED. IviANAGi R TO CONSIDER OT%HER WAYS 'f0 13ItlNG
ADDITIONAL DUI LARS INTO.LOCAL ECOI�TOIv1Y, INGI;UUING� C'OtiI1viUNT'TY VIIIDF
CAPITAL NEEDS ASSESSMENT, JNTJ .tASTRUCTURE IMPROVEIVENTS,• ET CETERA;
POSSIBLY THROUGH GENERAL. OBLiGATI'(JN BOND, AS. REFERENDUM, ISSUE. (See;,
Vice Chairman Gort: Commissioners, at this tittle, if you don't mind, I would litre to call Item 4
-- you got another item')
Commissioner Winton: Yes. I would like to have a discussion about issues that the City of
Miami -- that we alight want to take up in light of the terrible tragedy of September l l th. We all
know that the economy in South Florida and in Miami -Dade, in particular, has really, really,
really been hard hit. No one knows the lasting impact of this, but we know the current impact is
dramatic. And it scenes to nic that one of the things that -- that there may be a Couple of things
that we could do to hell) fuel and bring additional dollars into the local economy. And 1
recognive that we can't do certainly one of them right away, but maybe we can jump start (lie
process so that if this economic downturn lingers, we might be in a position to put some real
motley into the economy at a point to the not distant future. And I think there's two issues that
we could look at. One is, we have instructed the staff, months alto, to do a community -wide
Capital improvement needs assessment. I know they're working on that needs assessment now.
They're supposed to he completed with it some time neat year, but 1 can't imagine that we
haven't identified a very, very significant number of real needs within our Conlrnunity, as it
relates to capital improvements. You know, that's whether its sidewalks or lighting or
landscaping, water and sewer, parks, public facilities, you name it. You know, right off the top
we could name a whole host of things. And while ;lllnpinlg before we're finished isn't
necessarily always the smartest thing to do, because we haven't -- we will not have had
necessarily an opportunity to set Clic appropriate order of priority, because the list of capital
improvement needs in our City is, I'm going to guess, really, really dramatic and probably
greater than we have the capacity to deal with today. And so it's nice to do a complete, full
needs assessment, then prioritize the needs assessment based on the motley you have available.
But we're in we're potentially in very extraordinary times here. And so, we may not have the
luxury to go through that process. And one of the things that government can do to help speed
an economic recovery, when people are afraid to spend money, is to do infrastructure
iniprove111Cnts in. your C0111111111lity. hif-astructure improvements docs a host of things for the
c.omnitrnity. One, it puts ]lone)' in cil•Culation. Two, it creates jobs for people whose jobs are
disappearing or are shrinking. And, three, it really sets the foundation for poising the Colnnulnity
or situating the community to be in a fabulous position to take rnaxinlum advantage, when the
economy recovers again, because you have Improved the lnfl'aSll'uCtUre in your community,
whlCh lmpl'OWS the quality Of lite In your community, and mattes 1'0141' C0111111111111y more
attractive to people who want to live here, people who want to wort: here, people who want to
invest dollars here. And I know that we don't have the money to do infrastructure
improvements, until such time as we're able to float an appropriate bond issue. We're too late to
do a bond issue in November, but 1 don't know if we're too late to do -- I've heard sonic talk that
there might be ill election in N9arch, and it' there were an election in March, maybe we could
26 September 25, 2001
float a bond issue in March. But in order to do any of these things, we have to give Some
direction to staff. So, I'm suggesting that one of the things that we discuss, as a Commission, is
whether or not we want to speed up a process that may allow us to float some sort of bond issue
by this March, if we can do that, to help fuel an expansion in our local economy. The other thing
that we can do that's immediate is - you know, if you look at the PZ (Planning and Zoning)
items here -- and we didn't have many PZ items at the last meeting either -- my prediction is that
we're going to sec a dramatic downturn in the number of particularly Major Use Special Permits
that conte betore this Commission. I'mgoing to guess that we're going to see a significant
downturn in the number of permits, period, that are pulled from our Building Department. And
so, it seems to me that we also have an opportunity here, and that opportunity that we can do
today is to instruct the Management to bring the appropriate management resources to both the
Planning Department and the Building Department, so as to be able to expedite the pulling of
permits, expedite the process of inspections, expedite the process of getting Cos (Certificate of
Occupancies) for properties that are being developed. Because the sooner we get -- as anyone
whose doing one little bit of home remodeling or a little bit of remodeling their building or
building it little building or building a medium-sized building, those are all dollars that go back
into the economy. And the friendlier now, we have a job to protect public welfare and public
safety and quality of life. 'That's our job. I'm not suggesting, for a minute, that we compromise
any of those issues. I'm simply suggesting that we set up a process whereby we become the
most friendly goverruneut in all of South Florida, and work harder than ever to make if. easier for
people, who want to spend money in our City, get it done, for those people who want to do it the
right way. , Now, that's going to take some management -- additional assistance, because -- and
the reason 1 say that is because we have a management team in place that goes through all of
these things day to clay anyway. You know, that's already in place. I'm suggesting that we
refocus some energies in those departments so that we make the staff friendlier, smile more,
more cooperative, more helpful and a real push -- an aggressive push to get the right permits
through, get the right buildings up, get the right buildings open and expedite the entire process.
So, those are the two things that l would like to discussat this Commission meeting, and get you
all's input in terms of each of them.
Vice Chairman Gort: Commission Winton, 1 think it's a great idea, but also, if you look at your
budget, the budget book, we have some funds that have been allocated already for CI.Ps (Capital
Improvements Programs) and there's a lot of those projects that are already ongoing and that we
Should try to expedite the finishing of those projects as soon as possible.
27 September 25, 2001
•
-._.....____..-�...___.-....-�..-_.____..�-..�.�..-moi i
G. ACCEPT PLAT ENI TITLED FLIJERAI.. COL110'1IOUSI-.
URGE FLORIDA AND 'FEDERALCQNGRESSIONAL,�, DELEGATIONS, TO PASS PLLOT
VC)I 1JN1A1tY, PA1'MEN'fS .FOR MUNICIPAL SERVICES WITH'ALJ ,.DUE 14ASTE 7'U, ASSISI' .
CITY ECONOMY, WHfCK IS PLAGUED BY'TAY :ExtmpT'':;Pk PtlitIES, WHIGII DRA1N!:
Vice Chairman Gort: If my colleagues would allow 1110, at this time -- and this goes along with
to get people to go ahead and build, I'd like to bring Item 14. We have with us Fedcral .fudge --
U.S. District Judge Michact Moore for Item 14, and staff. Could you bring; it up, please?
Commissioner "reele: 1 object.
Vice Chairman Gort: You object. Yes, sir.
John Jackson: Good morning. John Jackson, Director of Public Works. ]tem 14 before you
today is acceptance of a final plat for the Federal Courthouse Mat. We have been working with
the federal government, Mr. Michael Roper, representing the GSA (General Services
Administration) administration. Everything is accepted with the plat, with the condition --
exception of several items, which they've committed to make sure that those are resolved with
satisfaction. And we'd like to ask that it be -- plat be accepted on that conditional basis.
Commissioner ,recic: Second the motion by Conimissloiler Winton,
Vice Chain-nan Gort: It's been moved by Commissioner Winton. Sccond by Commissioner
Tecle. Discussion,
Commissionei-Teele: :Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Tccic: Now, how do we know that the federal government's conmlitment for --
what is this -- ten thousand dollars ($10,000) they said that they promise they'll pay it.
Unidentified Speaker: It's a promise.
Chairman 'reele.: .It's a promise. 1311t we don't -- but we normally require the check.
Unidentified Speaker: Yes, sir.
Commissioner Winton: Or a gold certificate,
Commissioner Tecle: Mr. Chairman, obviously we're honored to have the GSA and Judge
Moore here, and we certainly don't think it's necessary but we --- I'd like to hear anything the
Judge would like to say oil the matter. We're clearly tied together as a community. And
speaking on behalf'of the CRA (Community Redevelopment Agency), which gets all of its funds
From properly lazes, these federal buildings and, quite candidly, Miami -Dade Community
College and County Ixiildings, really work at cutting into our tax base, bUt It tile. Sallie ureic, the
28 September 25, 2001
job opportunities that arc created arc well worth the trade oft. The only issue that I would risk
the GSA representative, at one tinge there was a proffer that GSA had a so-called "Good
Neighbor Policy and would make volunteer payments, particularly as it relates to our water --
I rn sorry, our fire fees and other fees that we provide to the federal government, pursuant to the
— our municipal function. But on the other hand, we tax the homeowner. We tax the coil)orate
structures, the buildings on Brickell, the buildings downtown, through a fire fee. We provide
notice of the fire fee, as a courtesy, anis to date it's my knowledge that GSA has not remitted.
And we would ask -- I would respectfully ask that the GSA Director look, with our staff, at the
"Good Neighbor Policy" that had been talked about over the last five years, and whether or not
the fcderal government would consider making voluntary payments for things -- for the services
-- nitlnicipal services that we provide, and we charge through our fire fee. As an example, if
anyone gets sick or if there is a rescue effort there, when we dispatch our rescue trucks, it cost us.
We can't bill you because you're the federal government, but if there were to he a policy, i know
in certain localities -- in Washington, D.C., there's payment in lieu of taxes.
Commissioner Winton: And in Boston. And ill Boston.
Commissioner Tcele: And in Boston and in several other jurisdictions. Just recognizing -- and I
know this doesn't ever sound good to the Chamber of Commerce, but Miami is one of the five --
tile City of Miami is one of the five poorest municipalities in the United Slates. We obviously
are under an emergency imposed by the Governor at this point, based Upon our revenue
shortfalls. And any payments that the federal government, through GSA, could pay to provide
for the services that the municipal governments arc providing, we'd be grateful. But 1 think
having the fcderal enclave is a wonderful thing and the wonderful jobs that you're providing.
We're just delighted that you took the tinge, .Judge Moore, to come down and be with us.
Commissioner Winton: Commissioner Teele, I think that 1'd like to impress upon the gentleman
that it's actually more serious than what Commissioner Teele described, Because the land that
you all are going to build this new courthouse on was land that was in the private sector and we
did, in fact, get taxes remitted to the City from that piece of land and it's going to now go off the
tar rolls. So, isn't a case ofnow one more piece of land that's Just simply not paying anything to
the City of Miami to support services. It's taking a bid; chunk of money out of our pocket to
provide services. And over thirty percent of the taxable value of the land mass of the City of
Miami is exempt frons paying taxes, which is a huge burden on the City and that's why we're
hoping we could --
Commissioner Teele: Because of the County, the Statc, Mianli --
Commissioner Winton: The County, the State, the Feds and --
Commissioner Teele: The schools, as well as the fcderal government.
Commissioner Winton: Might.
Judge Kevin Moore: It's my understanding -- first of all, thank you for considering our agenda
item. To the point that you're raising, it's my understanding that two-thirds of the property that
29 September 25, 2001
we acquired was already off the tax roll. It was owned by the City or by the Off-Strect Parking.
So, it's really, to my recollection, it's only the portion that was the WTV.I building --
Commissioner Teele: Channel 10, yes.
Mr. Moore: That was it.
Commissioner Winton: That wasn't the whole block?
Mr. Moorc: No.
Vice Chairman Gort: No. Miami Parking System.
Mr. Moore: The entire block to the north --
Vice Chairillan Gort: Judge, my apologies. 1 need for you to identify and an address, name and
address, please, for the record.
Mr. Moore: Judge Moore from the U.S. District Court. The block to the north was Off -Street
Parking and --I don't know exactly the size of it, but that parking lot to the west of the television
studio was also --
Commissioner Winton: Then I stand corrected.
Mr. Moore: It doesn't change the -- and 1 can't control GSA, in terms of the rent we pay them
and what they do with their rent in terms of reimbursing for any services that the City provides.
It's certainly a worthwhile idea. But I did want to come before you to thank you for the
consideration. We hope that it's -- right now it's a hundred and fifteen million dollar
($115,000,000) project. So, hopefully, that will infuse the area with some ecollonlic
development. And, also, to thank the City Attorney's Office for the wort: that they did in
preparing the replatting work.
Commissioner Winton: Anything we can do to help speed up the develohnlent of the project?
Vice Chairman Gort: When's the ground breaking?
Mr. Moore: We would like to see -- we are still in the Congressional Appropriations process.
We have been authorized and appropriated fiends from both houses of Congress, but the final
legislation, hopefully, will be done before the end of this month. And if that occurs, then we're
shooting for a ground breaking some time in the late spring or early summer of next year.
C01111111SSi011er Winton: Could maybe it be appropriate for us to pass a resolution that would go
to all of the Congressional Delegations front the state of Florida and to our Washington
lobbyists, encouraging Congress to pass this appropriation with all due haste and to move
forward quickly with getting the prgject underway, in light of the severe downturn in file
30 September 25, 2001
n
U
•
economy here that could be simply another rnethod to jump start our economy. So, maybe we
should --
Vice Chairman Gort: That always helps
Commissioner Winton; Might help to pass that resolution.
Commissioner Tecle: We should do that, yes. Absolutely.
.%-Ir. Moore: It always helps.
Vice Chairman Govt: At this time, I have a motion on the floor. A.II in favor stale it by saying
,,
aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOI..UTION NO. 01-991
A RESOLUTION OF T] W NIIAN41 CI'T'Y COMMISSION, WITH
ATTACI-I.MENTS, ACCI?P1'ING THE PLAT ENTITLED FEDERAL
COURTHOIJSE, A SUBDIVISION 1N THE CI'T'Y OF MIAMI, SUBJECT TO
ALL O THE CONDITIONS OF T1 IF. PLAT AND STREET COMMITTEE, AS
SIiOWN IN "EXHIBIT A ATTACHED AND INCORPORATED. AND
ACCB]"TING THE DEDICA'T'IONS SHOWN ON SAID PLAT;
AUTHORIZING AND DIRECTING THE CITY MANAOER AND CITY
CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE
RI CORDATON OF SAID PI..AT IN THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA, SU.1hCT TO THE CONDITIONS SET FORTH
ON "EXHIBIT B" ATTACHED ANC) .INCORPORATF,D.
(Here follows body of resolution, omitted liere and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Tecle, the resolution was passed and adopted by the
following vote:
AYE'S: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
AHSFNT: None,
31 September 25, 2001
Vice Chairman Gort: Make another motion, Joluuly, for the resolution.
Commissioner Winton: Motion to pass a resolution that would go to the entire Congressional
Delegation from the state of Florida and to our Washington lobbyists,. encouraging Congress to
approve this appropriation with all due haste and to move forward as quickly as they can to get
this building under construction, in light of the severe dOWlltl►rn in our economy Created by the
terrible events ol'Septenlber 11 `l'.
Commissioner Teele: Second.
Vice Chairman Gort: it's been moved and second. Further discussion? Being none, all in favor
stale it by saying "aye."
The Commission (Collectively): Aye.
The billowing resolution was introduced by C011111liMi011er W111t0n, who moved its adoption:
RESOLUTION NO, 0 1 -992
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
UNITES STA'T'ES CONGRESS AND THE STATE OF FLORIDA
LEGISLATURE TO ENACT LEGISLATION R1 Q1JIRING AL,I, TAX-
EXEMPT GOVERNMENTAL FACILITIES TO PROVIDE PAYMENT IN
LIEU OF TAKES ("PILOT") TO THE MUNICIPALITIES FOR SERVICES
RENDERED TO AND FOR THE GOVERNMENTAL FACILITIES, BUT FOR
WIIICII TLIE MUNICIPALITIES A1tE NOT COMPENSATED; FURTHER
DWF,CI'ING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO'CHE OFFICIALS DESIGNATED HF.RETN.
(1-lere follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Tecle, the resolution was passed and adopted by file
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Coi111111Ssioiler Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: `]'hank you, .fudge.
32 September 25, 2001
0 •
7. (A) INSTRUCT CITY CLERIC TO WOjtK WITH SUPERVISOR OI' ELECTIONS IN
CONNI CTION WITH
PROPOSED'`'G;NER;AL O»LGATION `$OMS REIRENDUM ISSUE'AND
TIONTOPLACSAID I[IM :OI,SAM~ RLGAZDINQC111S INTENA
ISSUE 'UN
,NOVEMBER.13, 2t)f RUN-OFF' ECTIONIIALLOT (See#5)
(B) 'INSTRUCT MANAGER,. TO '.; DEVELOP, . itN CONSULTATION WITH
DESIGNATED CITY-STAFF-ANDREPRESENTATIVESOF NFT OFF(CI~S,; SERIES SOF
RECOMMENDATIONS �BASEll ON NEEDS OF CITY )rEIGI�,BORHOODS); TO.`B)
CONSIDERED liY COMMISSLON,°1TI COiJN1CTION !°WI'I'i >JFCOTVITNG PROPOSED
`NOVEN4BER 13,`' 2001'° BOND 'REFERENDUM- EMECTION;'' SCI�EDULE SPECIAL
"COMMISSION MEETING TO BE -HELD ON WEDNESDAY, OCTOBER '10, 2001, FOR
PURPOSE OF CONSIDERING.I?ROF'OSF-,D GENERAL- OBLIGATION BOND ISSUE AND
ANY UTII}:IZ- ISSUES RELATING TO NOVEMBER ; 13,: ,2001 ;SPECIAL . ELECTION
BALLOT. (SeeN5,. 95).
Vice Chairman Gort: iteral 3.
Commissioner Winton: Well, before we go to Itcm 3, I want to finish this discussion that we
started.
Vice Chairman Gort: Oh, I'm sorry.
Commissioner Sanchez: Yes. !f I nlay, just to a(id to What Conii-nissloller Witltotl IS saying, you
know, 1 think that the President and all our leaders throughout our great nation are doing just
about everything to try to stimulate the economy. It doesn't talc too much for you to visit a
restaurant today and sec that the restaurants are pretty well empty or a shopping mall, and see
that the people are afraid because of the economy. And they're holding back from reaching
down into their purses or wallets and spending money. So, I agree with you on that issue,
Commissioner Winton. One of the things that I see now is, you know, we have to focus on a
program, which we could put the necessary money, if We could bond out, which is an issue that -
- you know, of course, in March, there has to be an election, and the voters have to approve of
bonding out. It's something that we've talked about. it's something that. I think, in (lie near
Future or in the future, we're going to have to do, as a City. But one of the things is to create a
similar program that FDR put together in tough times, which I see coming. So, if it's for capital
improvements on that study that was asked, the Community Needs Assessment, to identify all
these major projects and we're able to bond out and we're successful, then we could bring back
and maybe assist and try to keep the City moving forward and provide ,jobs for people, until we
get out of this situation that we're in. We're all counting on the stock market, and yesterday Was
a significant improvement in the stock market, but [ commend you for that, Commissioner
Winton. 1 thin]t it's a step in the right direction. And 1 think, when the time comes, I think this
legislative body needs to act appropriate and put it out for bonding, and have the taxpayers
support it and vote on it, and then we'll go forward with it. But I think it's an excellent idea.
Commissioner Teele: Mr, Chairman.
Vice Chairman Dort: Yes, sir.
34 September 25, 2001
0 •
Commissioner Tecle: I'm not sure if the idea let Ine put it this way. What Commissioner
Winton says is what 1 thought we were doing. The question is, are ive expediting it? And what
does that mean? 1 think Commissioner Winton has brought this idea — this concept forward, but
1 really do think it's being understated, with all due respect. We Were ready -- but I'or the public
pronouncements, 1 think, of two or three commissioners, we were ready to put on the ballot, in
N'ovcniber, the general obligation for about -- what was it -- three hundred million dollars
($300,000,000). All we needed was three votes for the Marlins to do it. Now, it really rcflccls
on us that we are prepared to put a three hundred million dollar ($300,000,000) "GO" on the
ballot tier the Marlins, but we're not prepared to do it for our own communities. Now, why
we're not doing it, I understand. We don't have sufficient detail. We don't have sufficient list. of
projects. And I, for one, have been a strong proponent and observer. When you look at the
successful referendums that have passed, the park: bond issue and even other bond issues, what
you normally have is a list of projects. But this is the concern that 1 have, Commissioner
Winton. If we're all willing to pretty much "let's forego the first hundred and twenty-five,
hundred and thirty million dollars ($130,000,000) for that one project," which I'm prepared to
do, then the real question becomes, did life really change after September I VI' or not? And that's
the point that Commissioner Winton and 1 arc in agreement with. The problem is, we're not
acting like it. We're talking about it, but we're not acting like it. 1, for one, am prepared to
move forward, immediately, with a bond issue, because I'm going to tell you what's going to
happen, Mr. Manager. This economy is going to go in the toilet so fast that, come March, come
September, nobody is going to vote for a bond issue. And, Mr. Manager, you know, I don't have
a crystal ball, but I'm going to tell you this: I have been trying to fend off pcople that want to
come here tonight at the budget hearing and demand that the City take certain actions -- and I'm
going to be bringing up some actions that I think that We can take -- about unemploymcnt. I
talked to two hotel owners within the last 48 hours. Both of them are prepared to bolt the doors
for 60 days. They see no alternative. They just don't see an alternative. if you've got in
occupancy of ten percent and you keep your door open, you're going to lose lens of thousands of
dollars a day. And this is repeating itself. Now, we talk about the hotels, whether it be the
Mandarin or the Fountainblel! or the Hyatt but, you know, at the end of the day, there are a bunch
of housekeepers and doormen and bellmen who live in this City, who are definitely being
impacted. Thcy are notgoing to have anything to do with a bond issue it) March. The economy
is not going to move back that Rist. And — and we know what is happening with the airline
industry. American Airlines has announced layoff of what, ten thousand or twenty thousand
people. U.S. Air is announcing they're going to shut down their commuter jet, the Metro .let. I
mean, this thing is about to }lit. And the 1 -Cal question here is, are we prepared to act. now'? 1
mean, I, for one, feel like if it's no more than -- 1, for one, am prepared to move forward
immediately with a general obligation. And I think, you know, running around calling press
cont:erences and doing photo ops is all tine, but the real issue is, what are we doing? The jobs
that are going to be provided in construction, the hundred million dollar ($100,000,000) federal
office building, the other buildings, are really the only thing we're going to have to keep this
economy moving, 1 think, over the next two years, three years. And 1 think we're wasting a lot
of time, iI' we don't do it. And 1, for one, would like to, you know, instruct the Manager this
morning to conte back this evening with a list of projects and a range of projects. And, Mr.
Manager, you know -- because I think the only thing that we can do is try. I think, in 90 days,
it's going to be too late and 1 think it's going to be too late for a year.
35 September 25, 2001
•
Carlos Gimenez (City Manager): How inuch do you want?
Vice Chainnan Gort: Depends on your budget.
I
L_
Mr. Gimenez: Well, we've already identified the preliminary work on a number of projects.
What we're doing now, we're doing outreach in the community, to got a better feel of the
projects (INAUDIBLE) community, you know. But we have a list of projects that needs to get
done in the City.
('011111liSSlOnel' Teele: But, ,you see, my point is this, there's two ways to do projects. You can
list projects, which is the best way, or you can list projects and you can --- and then, secondly,
you can list dollars into a neighborhood or into a section of the community for unspecified
projects. And, in many ways, that's going to get you more than listing projects because -- sort of
like playing the lottery. At least everybody in that neighborhood feels like they've got a chance.
And they know we can't move the money from neighborhood "X" to neighborhood "Y." And
so, you know, my view is, we should put forward the amount of money (hat doesn't raise taxes.
We should put forth the amount of money that doesn't raise taxes.
Commissioner Winton: Right.
Vice Chairman Gort• (INAUDIBLE) drop the millage rate.
Mr. Gimenez: The tax rate.
Commissioner Teele: Well, the tax rate. I'm talking about the (30 tax rate. And as long as we
can keep a straight face and say that- this GO does not increase your taxes, it only extends the
debt -- that's why I was really nervous about dropping the GO millage rate. Did we drop the GO
millage rate in this budget?
Mr. Gimenez: Yes, we did. And we went from one point two foto• --
Commissioner Winton: One-tenth of one percent.
Commissioner Teele: 'Palk to -- hold on -- let's get you and the Budget officer together on that.
Let's get you and -- make sure you and the Budget officer are together.
Commissioner Winton: One-tenth of one percent, wasn't it?
Linda Ilaskins: Linda Haskins, Director of Management and Budget. The millage rate is going
fi•otr► one -- on GO, it's going at least from one point two eight trills to one point two one mills.
Commissioner Sanchez: One point two four.
Commissioner Winton: from what?
36 Septeiribcr 25, 2001
• 0
Commissioner Sanchez: One point two what?
Commissioner Winton: Onc point two eight to --
Nfs. Haskins: One point two one six mills, at least. There is a question on whether a further
reduction is necessary. We're waiting fora legal opinion. We'll have it this afternoon.
Commissioner Teele: Yeah, but let me tell you something. If you want to do this right, you
don't want to reduce the GO.
Commissioner Winton: No.
Chairman Teele: You want to keep a straight line.
Commissioner Winton: Right.
Chairman Teele: Because reducing the GO reduces, substantially, your out -year capital
numbers.
Commissioner Winton: Hugely,
Commissioner 'reele: In other words, two-tenths of one mill could very well equate to seventy -
Five million dollars ($75,000,000) or forty million dollars ($40,000,000).
Ms. Ilasklns: Commissioner, 1 understand that. The problem that we're forcing, we had not
planned on decreasing it to that extent. F1'owevcr, there has been some legislative changes that
require the usage of surpluses that have been built up in general -- in Debt Service Bunds, and
that's what we're facing right now.
Commissioner Winton: What does that mean?
Vice Chairman Gort: Pay oft.
Ms. Haskins: Over the years there have been surpluses that have been built up in the Debt
Service Fund. 'There were a number of reasons for that. Some was the result of bonds being
refinanced mid -year to lower rates than they were originally budgeted for. That created a couple
million dollars of debt service unbalanced. 'There were also conservative estimates relating to
the collection of delinquent taxes, so -- to the extent there was an excess there. That created a
surplus in the Debt Service Funds. And, additionally, there were conservative estimates as to the
interest earnings on that fund balance. Over the years the Bind -- the General Obligation Debt
Service Fund has built up a surplus of some three million dollars ($3,000,000), and there was not
supposed to be a surl)lus in that fund, according to legislation. And that's what we're facing.
Commissioner Winton: According to whose legislation?
Ms. Haskins: State of Florida.
37 September 25, 2001
•
Commissioner Winton: You know, Commissioner Teele, it seems to me that -- because here's
what I think we're going to hear. We're going to hear all the reasons why we can't do
something.
Commissioner Sanchez: Right.
Commissioner 'eele: I'm hearing it already.
Commissioner Winton: And I'm not saving they're not legitimate.
Conllmssionci' Tecle: I'm !tearing it already from the Clerk.
Commissioner Winton: Yeah. And I'm not going to suggest, for a minute, that they're not
legitimate. What I am going to suggest, however, is that this is a very special time in Our
country, and Lhere is it crisis in out- Country, and %A'e need to take every stet) we can to turn our
economy back in the right direction. And, so, when there are specific rules or regulations or
resolutions or directives that prohibit its from doing "X," we need to understand what that
prohibition is, and figure out if there aren't ways that we can cure that prohibition quickly.
Because there are very special times. And the federal government is changing and suspending
all kinds of titles and reg -- it seems to me that, at a local standpoint, we ought to be able to
create sonic special opportunities to help rebuild our communities, and help rebuild out-
economics
ureconomics and figure out how we get around sonic of these things in this kind of special time.
Atld I don't mean upend run. 1 mean getting approvals, cllangirig a resolution, changing an
ordinance, getting something from wherever we've got to get it, to allow special circumstances,
to allow us to take special actions during this special, very special time.
Vice Chairman Gort: I think that staff Should be coining back with its ill the month the without -
- my understanding is, what we're saying and, Coin missiotier Teele, correct me if I'm wrong --
we're saying how much can we bond out without increasing the existing millage, without
lowering the millage.
Commissioner Sanchez: Can you prepare that information for this afternoon?
Mr. Gimenez: (INAUD1131-,F) right now, but then there is a proposal for next year, and that
Makes a big --
Commissioner Teele: Big difference.
Vice Chairman Gort: Right.
Commissioner Winton: Big difference.
Commissioner'I'vele: That's what I'm pointingoLlt.
Commissioner Winton: Right.
38 September 25, 2001
Mr. Gimenez: (INAUDIBLE). So, when you tell me that what's existing right now one point
two four, that gives us a heck of a lot more than (INAUDIBLE).
Vice Chairman Gort: I think that's --
Commissioner Tce1c: What did we notice, one point two four?
Mr. Gimenez: Noticed one point two one.
Ms. I3askins: One point two one six.
Mr. Gimenez: It may have to be reduced from one point two one even further. One point two
one -- Bob Naehlinger is going to make (INAUDIBLE) about two hundred and ninety-five
million (295,000,000), assuming a two and a half percent growth rate.
Commissioner Teele: At one point two four, what would it be?
Commissioner Winton: What is it at two point nine?
Mr. Gimenez: It'd be north of three twenty.
Commissioner Teele: See what those little --
Commissioner Winton: ft's huge. Huge.
Ms. Haskins: The surplus would result in a further drop of that rate by point two hills. So ,you -
- what we have been trying to get to very vigorously, and the reason that it's - we're up against
the wall is because we've really been searching for this -- is that, if we drop that millage rate
even further, it would be right about one mill, and you can imagine what that does to our debt
service capacity.
Commissioner Teele: And you all are dealing with legal opinions ort this?
Ms. Haskins: Yes, sir.
Connnissioner'.fccle: Could i see the opinion'? Could 1 sec the legal opinion?
Unidentified speaker: It's going to be written today by a bond counselor. T don't have a copy of
Commissioner Teele: Who's COunSCI Oil thiS?
Unidentified speaker: Albert de Castillo.
Vice Chairman Gort: Well, can we get that infornyation?
39 September 25, 2001
Mr. Gilnznez: We can -- what we conic back with is a list of projects, a list of areas, and also
broken down. I mean, just the whole list, and then you can pick the number attain and sec what
you're --
Commissioner Winton: Could I ask a question? Why do we have to get -- Commissioner Tecle.
Commissioner Sanchez: list of need assessment.
Commissioner Teele: All right.
Commissioner Winton: I have a question, Commissioner Teele. Why do we have to get --
we've been -- we've had this level debt service --
Commissioner Tccic: There you Ito.
Commissioner Winton: -- on the books for the past I don't know how many years
Commissloncl' Tecle: Ignorance is bliss, is what -- the answer is ignorance --
Commissioner Winton: Why do we have to -- why do we have to Set an opinion today? Why
can't we get an opinion in January?
Commissioner Tecle: I~xactly.
Commissioner Winton: 1 don't want an opinion today. I know what it is today. I don't want an
opinion today. 1 Nvanl an opinion in January, Why do I have to get an opinion today'? We
haven't had one in five years.
Mr. Gimcnez: The reason we asked for the opinion is so that -- to find out if it has to go to debt
service or could it be moved over --
Commissioner Teele: You didn't hear his question.
Commissioner Winton: I just -- YOU didn't hear my question.
Mr. Gilrienez: 1 understand.
Corninissioner Winton: I don't want to ask the (IIICS6011 today.
Mr. Gimenez: We won't ask it anymore, ifyou don't want it anymore.
Commissioner Winton: Thant; you.
Commissioner Tcelc: I'm advised that the legal drop dead moment is October 5"', based upon
the requirement -- the statutory requirement that there be five-,veelc newspaper notice, which will
40
September 25, 2001
give us until November 13'x'. So, if we could -- you know, that gives us a real good week to vet
this thing out. Now that -- we've not talked to Dave Leahy yet. You have talked to Leahy? And
Leahy is all right with that'?
Walter hocman (City Cleric): Yes. Yes.
Cornmissioner'Teele: So, this Nvould be -- we're already too late. Well, we'd have to act today
for the November 6"' referendulrl.
Mr. Foernan: Well, actually, you can actually -- if we -- we have the Fifth week prior to
November 6"'. The last day would end, roughly, October 6"'. So, if you want to get it in on
November 6"', we can't let that --
Commissioner 1'ccle; No, no. We want to do it for Novonlber 13'x'.
Mr. Focn7an: OK. Well you have the filth week prior to the last week -- the last day would be
October 13`x' for the November l3°" election.
Commissioner Teele: So, we have another Commission mectitlg. That's two weeks to think it
through. I mean, the question is, do we want to go 1'or the ti`s' or the I3``'9
Commissioner Regalado: From the point of view of public opinion, l really think that we should
go on the 13'x'. And there are many issues. There is a -•
Commissioner Winton: The 1311' or C`", you said? 'Thirteenth? OK.
Commissioner Regalado: The 13`x'. i'n7 saying the 13`f'.
Commissioner Winton; OK.
Commissioner Regalado: There are many issues on the ballot, There will be a blitz on the
media from different projects; the Watson Island, the CiA (Capital lmprovemciits.Program), plus
the mayoral candidates and plus the Commission candidates. And when you have so many
things into the ballot, people tend to vote "no" because it's easier than to vote "yes." And it
gives them time to separate a project for the future of the City from politics. We will use the
run-off, hopelidly, or most surely there will be a run-off in the mayoral race. And what we can
do is, we can use that week to also promote the bond issue, explaining that to the voters.
Commissioner Tcele; I think, given the number of candidates for mayor, to put it on a mayoral
ballot is to invite mischief Somebody's going to be against it ,just because three people are 11or
it. So, I think you're going to got a lar more thoughtful and clear discussion. And anybody who
really wants to be mayor is going to want to have two hundred or three hundred million dollars
($300,000,000) in projects to be out in Front on and to deliver to the public. The guy or the
woman who thinks they don't have any Chance of winning is going to be great to be against it.
So, I -- the thing that bothers rile is, traditionally, the African-American community does not
conte out in run-offs. 'Traditionally, the turnout, ill 171111 -offs is substantially as much as fifty
41 September 25, 2001
• 0
percent below the primary nm off but, generally, twenty-five to thirty percent. Doing it on the
13`", doing it in the run off, clearly moves -- excuses into a more I-lispanic-voter turnout and
that's America. That's democracy. It's not had. It's not good. It's the way it is. And 1 just
want to make sure that we know that. Because t think one of the things. it becomes incumbent
upon the City to work very hard then to try to get turnout and to try not necessarily to advocate
for the issues -- explain the issue, but I think the City will then have to have a major undertaking
in turnout.
Commissioner Regalado: Commissioner, just to briefly -- what you suggested of targeting
district is a remedy for the lack of participation. if we use the resources of the City through the
different NET (Neighborhood Enhancement Teams) Office, through even the inspectors and the
members of the Commission to promote in the different areas what -- and explain what this
mean, t think that it would be a remedy, because it's a thing of proud, of being proud of your
community. It's a thing of being proud of your neighborhood. What you are going to get is
what you're going to vote for. i think that the remedy is what you suggested, not saying we're
going to do this or that, but we're going to target several communities and you cannot move. I
mean, the people have to know that this money that you are voting 11or will be used in your
district, in your neighborhood, no matter what. I mean, no matter what the Mayor, no matter
what the Commission or the Manager. That has to be used in your district. So, that would be a
remedy to get all the communities involved in the run-off for -- maybe people — you know,
people skip issues oil elections. So, 1 think that there is a remedy if we do it with imagination on
the 13`".
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: Mr. City Clerk, would we be able to put it out for a vote Noverilber the
13"'? Do we have enough time'?
Mr. Foenlan: Yes, \vc do.
Commissioner Sanchez: Yes, we do'?
Mr. Foeman: The first deadline that we had initially talked about was David Leahy's
administrative deadline, but the legal requirement is, in fact, five weeks prior to the election, and
that's we'd be guided by. So, if we actually want it on the 13`', the absolute last date would be
November 13'"
Commissioner Sanchez: This gives us enough time to hear your recommendations and what you
may want to say, and we have enough time to vent it out. Hear it here. We could have public.
hearings. We could have a special Commission meeting, if we need to, just to address on this
issue. If we have sufficient time, we'll listen to it at the next Commission meeting. And then
what I don't want to do here is, I don't want to underestimate the voters. i think, if it's put out
and you tell the voters, clearly, that this money is going to be used for infrastructure
improvement and capital improvements for our City, there is a very good possibility that the
42 September 25, 2001
voters are going to vote for it. I tend to disagree when they say, "Well, the more items you put
on the ballot, you confuse the voters." .1 tend to disagree with that, because when i go vote, l
take time, I look at the issues, I read the issues, I study the issues and then I vote. I think that, if
we put that out, under the circumstances that we're in, in our nation, I think that taxpayers, not
only in this City, but throughout the United States right now, are willing to commit to build up
our country, to improve our quality of life and, once again, let the voters decide. 'Thank you.
Vice Chairman Gort: OK. So, there's no decision to be taken. So you have to come back to us.
Commissioner Tecle: Well, I think there are several decisions we need to make now. l think we
need to move to instruct the Manager, in accordance with whatever a rnaiority would like -- I
think it's important that v\'c ]ntitruct the Clerk to work with the Supervisor of Flections, to advise
them of a ballot question on the run-off ballot ot'Novenlber 13°t. And t think we should --
Commissioner Winton: So moved. Let's get that motion down.
Commissioner Teele: All right. Move. Second the motion regarding the Clerk to be instructed
to work. with the Supervisor of Elections, to advise him, administratively, of the ballot question
coming forward on Nove►nbcr 131x'
Con11111ssloner Sanchez: OK.
Vice Chairman Gort: There's a motion and second. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Winton, who moved its adoption:
MOTION NO. 0 1 -993
A MOTION INSTRUCTMIG THE CITY CLERK TO WORK WITH THE
SUPERVISOR OF ELECTIONS IN CONNECTION WITH THE PROPOSED
GENERAL OBLIGATION BOND REFERENDUM .ISSUE AND ADVISE MM
OF SAME R1-_GARDING 'I'IIE CITY OF MIAMPS INTENTION 'I'O PLACE
SAID ISSUE ON THE NOVEMBER 13, 2001 RUN-OFF ELECTION BALLOT.
43 September 25, 2001
Upon being; seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Coin missioner Joc Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur L. 'Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Winton: Kee} going.
Commissioner Teele: I think we need to set a Special Commission meeting. Now, whether it be
on October the 11`x', which is a regularly scheduled day, but I thing: we should have a special
meeting within that period.
Commissioner Sanchez: Just to deal with this.
Commissioner "Tecle: .hist to deal with this. it doesn't get us into other tangents or Issues. Or if
we do it on the 101' or the 12`x', it doesn't inatter, but we've got to do it before the 131''. My
recommendation would be to do it -- call a special meeting on --
Commissioner Sanchez: Could we do it on the 10`x'?
Commissioner Teele: 'That's a Wednesday.
Commissioner Sanchez: That's a Wednesday.
Vice Chairman Gort: Could you bring my book please?
Commissioner Winton: I've bot my book on the way here. So, let's come back to the date and
go -- let's get your next point.
Commissioner Teele: And then the next point would be to instruct the Manager to look at
presenting recommendations. Now, I don't thing: we should do this by district. I think we should
do this by neighborhood, and all districts include neighborhoods, but I really do think it should
he by neighborhood and I'm going to tell you wiry. There's no question that the needs in the
downtown area -- if you do this by district, it's going to skew toward one district and that's the
Coconut Grove, Downtown, Morningside District, and that's not Iair, I think this should be done
by neighborhoods to the extent practicable. Obviously, there should he a -- with obviously, there
should be a very large reserve -- maintain a reserves for, you know, undisclosed and there should
also be citywide, which are truly citywide. Now, you know, the citywide thing can become an
exception that becomes a rule. But I think we should focus on neighborhoods. *Now, the danger
44 September 25, 2001
• 0
in neighborhoods -- and we've asked the Planning Depailment to come in and enumerate
neighborhoods-- is that there are neighborhoods that have gone out of existence that have come
back, and that \vc don't even have a good handle on. And so, I think the Manager should he
given the flexibility to recommend, you know, neighborhoods or districts. Districts are
something that are important to us, but they're really not important to voters. I mean, voters
don't identify with District 3 or District 1 or District 5. Politicians do. They identify -- maybe
the easiest thing to do would be by NET service areas, because those are -- but I think we should
try not to make this a political line -drawing, as much as it is a neighborhood line -drawing, and
we should try to do it based on need. Some communities need more. But I will say this. I am
going to strongly be in support -- Commissioner Wilton, I am going to strongly be in support of
the downtown redevelopment You know, we keep eating away at CD (Community
Development) dollars and doing things that are marginally legal and all of that. The time to deal
with downtown is in a general obligation, and that's where the money comes from. You see, the
Other thing is that you've got to balance votes from dollars and, at the same time, we need to
understand that the downtown Rrickcll, downtown Core, Omni, Parkwest, probably generate as
much as forty -- What?
Vice Chairman Gort: Thirty-five percent.
Commissioner Tecic: Thirly-five percent of the total tax base. And so -- but there ain't no
voters in those areas, see. 'There's no voters in Park West. No voters ill downtown.
Substantially, fcw voters in Omni, you know, and Brickell. And, so, this can't be based on just
raw politics. It's go to be based on raw need. And I will tell you, if we're serious about the
museums in a park, something that could redefine Miami and really be a tourist attraction, this is
a time to look at that. So, I don't mean to -- you know, but as far as I'm concerned, there's
seventy million dollars ($70,000,000), eighty million dollars ($80,000,000) right there in the
museums in the pari:, and that's in nobody's district, per se. That's -- nobody lives there, but it's
the right thing to do. And you heard what Guliano said the other day, "Tell your friends to go
back to the movies and go to Broadway." You know, let me tell you, that's the engine of New
York and that could very well he the engine of Miami -- is the museums, and the culture and
those things, which is why I don't object to putting a million for -- in the Performing Arts Center
every month. 1 just want my colleagues to lulow we're doing it, because, you know, we sort of
assume away a problem. So, my motion would be a motion to instruct the Manager to develop a
-- ill consultation with the staff and the NET Offices -- to develop a series of recommendations to
be considered by the Commission, based primarily around NET Offices for neighborhood --
focusing on neighborhoods for a capital needs, ensuring that sufficient reserves are nlaintaiucd
for citywide activities, and to do -- and to make the recommendations primarily based upon need
among all other considerations that are done.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second. Also, I'd like for you to look at the reserve
that we have in C1P, and see if we can combine all those funds together, and then we can get a
lot more done with the - when we look at those projects, they're already on the table to be -- and
the funds are sitting there to be completed. We should look at those also when we look into it.
45 September 25, 2001
Commissioner Winton: And I would -- it seems to me that your -- Comtlissioner Tecle, your
resolution here -- we might want the staff -- and 1 understand this is putting pressure on
everybody today. But I would like to see the staff-- appropriate staff go huddle right now, right
this minute, bring back kind of a global view to its before we adjouni today, so that we, then, got
kind of a look at how they're thinking about it. Give them some new instructions, so that when
we conic back for the special mceting, that we've already had it chance to kind of correct
directions that they're moving in, and help give them some assistance. So, I'd like to see that
happen, if you all think that's reasonable.
Commissioner Teele: [ think. that's very reasonable. And .l would like to move that the list be
available at least by October 5"'. i mean, we don't need to get it. the day of the meeting. You
know, there's a Columbus Day, l guess. So, that gives us, literally, 48 hours, if you will, but
that's much better than getting it on the morning of the I I,h. So 1 would request, Mr. ,\4anager,
that this list be available at least by noon on Friday, October 5"i. Mr. Manager, is that reasonable
for you, noon on Friday, October 5"")
Mr. Gimcnez: Yes, sir.
Commissioner Tecle: The reason is, is that Monday is a holiday. So, you know, Monday, the
8`t', is Columbus Day. So, t. mean, we literally only have 48 hours of duty time. Now,
admittedly, that gives us the weekend and all of that, but --
Mr. Crimencz: We'll have it to you by the 5't'.
Vice Chairman Gort: What day would you like to have that special meeting?
Commissioner Winton: I'm looking at my schedule,
Commissioner Teele: Noon, on October 5"'
C:ommmissioner Winton: No. That -- I'm looking at my schedule for the special meeting, and
there's a couple of major issues that t have on the 10"', both in the afternoon. One's at noon and
one's at two. So --
Commissioner Sanchez: I could do it in the morning.
Commissioner ,reele: 1 think we should have this meeting, like at four o'clock. And I'll tell you
why.
Commissioner Winton: That works for me.
Comrnissioner'I'eele: I think we ought to let people conic in from --
Vice Chairman Gort: On the 5`"? Arc we talking about on the 5`1'9
Commissioner Teele: I'm talking about ori the 10t"
46 September 25, 2001
Commissioner Sanchez: The 10"'.
Commissioner Winton: No, he's talking -•- Commission meeting on the 10"', but having the
information to us by the 5'h.
Vice Chairman Gort: Oh, on the 10"i.
Commissioncl- Teele: The inib nlatlon on the 5t". And let's set the meeting for, say, 4 o'clock.
Commissioner Sanchez: On the 10`x'. October the 10`x'
Cornmissionci- Tcele: On Wednesday, October 10'x'.
Commissioner Winton: Perfect.
Conlin issioncr `1'ecle: 1 would move --
Commissioner Sanchez: Second.
Commissioner Tecle: Mr. Clerk, now you get this now. I want to move a special Commission
meeting for four o'clock, Wednesday, October 10`x', at City Hall, for the purpose of considering a
General Obligation Bond issue, and the list of capital projects, and other administrative and legal
matters relating to the calling of the election on November 13`h. So moved.
Coll missloncr Regalado: Sccond.
Commissioner Sanchez: Second.
Vice Chairman Gort: Any lurthcr discussion? Being none, all in favor state it by saying "aye."
The Commission (Collectively): Aye.
47 September 25, 2001
•
•
The following motion was introduced by Commissioner Tecle, who moved its adoption:
MOTION NO. 0 1 -994
A MOTION INSTIZUC'f].NG THE CITY MANAGER TO DEVELOP, IN
CONS131TATION WITH DESIGNATED CITY STAFF AND
REPRESENTATIVES OF THE NET OFFICES, A SERIES OF
RECOMMENDATIONS (BASEL) ON NEEDS OF CITY NEIGHBORHOODS)
TO BE CONSIDERED BY THE CITY COMMISSION IN CONNECTION
WITH THfi' UPCOMING PROPOSED NOVEMBER 13, 2001 130ND
REFERENDUM ELECTION; FURTHER DIRECTING THE MANAGER TO
FOCUS ON THE NEED FOR MUSEUMS AND PARKS; FURTHER
SCHEDULING A SPECIAL CITY OF MIAMI COMMISSION MEETING TO
13E FIELD ON WEDNESDAY, OCTOBER 10, 2001, BEGINNING 4 P.M., IN
THE CITY COMMISSION CHAMBERS, FOR TH1 PURPOSE OF
REVIEWING TIIE AFORENMENTIONCD LIST AND CONS IDF:RING A
.PROPOSED GENERAL OBLIGATION BOND ISSUE', AND ANY O'l RER
ISSUES RELATING TO TI -11". UPCOMING NOVEMBER 13, 2001 SPECIAL
ELECTION BALLOT.
Upon being seconded by Commissioner Sanchez, the motion was passed andadopted by
the following vote:
AYES: Vice Chairman WifrCLIO GOrt
Commissioner Tomas Regalado
C01111-nissioner.loe Sanchez
Commissioner- ArthUl'
Com III issioner.lohnny 1.,, Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gott: Thank you.
Commissioner Sanchez: Thank ,you.
48 September 25, 2001
8. P.IRST"READING ORDINANCE. 'AIMEND CHAPTER ER 38/ARTICI::E IT OF CITY CODE;
ENTI`l T:ED "PARKS Ahfi RECREATION/IJSE REGULATIONS" TO'REQUIRE THAT ;ALL
LAND. LOCATED ON. WATSON 1SLAND THAT IS;NC)T;SUBJECT, TO LEASE OR.
AUTHORFZED DEVELOPMENTSHALI, REMAIN: AS`OPEX .GREGN SPACE AND. PARK
USE; ADDING NEW SECTION 38-76 TO, AID:CODE:
Commissioner Sanchez: Mfr. Chairman, I have an ordinance that 1 have had the City Attorney to
prepare. As you know, the City of'vliami is always looking to bring in world-class projects, and,
Of ccxtl•se, to create a strewn of revenue to our City, and we have seen that in the past. Now, we
have a major project that was approved by this legislative body and will have to be approved by
the. taxpayers of Miami in a rcferendurn. That project is Watson Island, This project, however,
will require not only the vote of the residents in Miami, but also would require a full --it support
from the Florida Cabinet, which is the trustce of that property. Miami ranks very, very last when
it comes to parks. And I think that, if there's one tiling that we are united tip here as
Commissioner, is that we need more parks. Now, this project that Watson Island will leave a
certain amount of property that will be not developed, and that's approximately around eight
acres of land. What I'm asking, in support of this ordinance, is that we leave those eight acres or
seven acres 01' whatever '1111011111, of property (flat is not leased, that it becomes open space and
green space for the public, because, after all, that is public land. So, at this time, .1 would move
this ordinance.
Vice Chairman Gort: ]'here's a motion, Is there a second?
Conlnlissloner 1'eele: Second.
Commissioner Sanchez: Mr, City --
Commissioner Tecle: For first reading.
Commissioner Sanchcz: First reading, yes,
Vice Chairman Gort.: Read the ordinance.
Commissioner `I'ecle: This is going to give stall' an opportunity to evaluate it and give, in
particular, the Watson Island --
Comn'lissloner Sanchez: All this does, Commissioner Teele, is through an ordinance -- and, of
course, by three votes, we could get rid of that ordinance -- is that it protects --
Commissioner Winton: And I'd like to see a map, too.
Commissioner Sanchez: It protects that remaining property that will not be developed, leaves it
there to be used for open space, green space, for the public.
Vice Chairman Gort: Roll call
49 September 25, 2001
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 38/ARTICLE 11 OF THE CODE; OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION/USI:
REGULATIONS" TO REQUIRE rHAT ALL LAND LOCATED ON WATSON
ISLAND Tf IAT 1S NOT SUBJECT TO A LEASE OR AUTHORIZED
DEVELOPMENT SHALL REMAIN AS OPEN GREEN SPACE AND PARK
USE; MORE PARTICULARLY BY ADDING NEW SECTION 38-76'TO SAID
CODE; CONTAINfNG A REPI3ALLR PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
INCLUSION IN THE CITY CODE.
was introduced by Commissioner Sanchez, seconded by Coimnissioner Teele, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gorl
Commissioner "Tomas kegalado
Commissioncr Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioncr Johnny L. Winton
NAYS: None.
ABSENT: Node.
The ordinance was read by title into the public record by the City Attorney.
Vice Chairman Gori: Thank you.
Commissioner Sanchez.: Thank you, Mr. Chairman.
50 September 25, 2001
-9. INSTRUCT MANAGER TO STREAMLINE CLASS It PERMITTING PROCESS; BRING';
SAID ISSUE..BACK "I'O COMMISSION MEETING, P.R.ES,ENTI Y: SCi-IEDULEU FOR .
OCTOBER 11, 20.01.
'rice Chairman Gort: Conunissioiler Regalado, it's all yours.
Commissioner Regalado: ']'hank you. I'd like to follow .Johnny's comments on the situation,
and Commissioner Teele and, I guess, all of us. ']'here's no doubt that lite, as we knew it before
September I I x', will be different in the United States for many reasons and, hopefully, there will
he a rebirth of the economy. Governments have the duty to protect their residents. 'rile City of
Miami have done that with the Police Department, the Fire Department, the bomb threats. We
had so many during (hose clays. Government also has the duty to participate in solidarity with
other areas. Vire have done that. We just had an award From the Miami police officers and we're.
hoping to receive, as heroes, our firefighters. Government has also a duty to go with the real
help, and the Commission did that, with the leadership of Commissioner Winton, of taking our
money, and the resident's money, to go help those in need. Bol, also, like Johnny said,
government has the responsihility of looking for the future, and we've got to work for the future.
We've got to work for our economy. We've got to protect, with actions, our business
community, our residents, our industry. I Have two things. One, it's what you, Johnny, said
because you thought and you know the issue and you improvised. I had it, i think, written down
from several clays ago, and it's about the permitting process. And my idea was to ask the
Commission to direct the City Manager to review and streamline the Class 11 permit process by
developing a Certificate of Compliance permit process. This would reduce the time from 30
days to 2 days for those applicants who are geared to the pre -approved design guidelines. This is
the product of (lie work that we have done with Ana in the Planning Department. So, it's not.)ust
let's do -- let's cut 20 days or 28 days out of the process. Planning agrees that, if we do this, we
can reduce the number of days from 30 to 2 days and --
Coininissloner Winton: Second your InOtiOn
Commissioner Regalado: OK. So, Ana, can we do it?
Ana Gelabert (Director, P1aluling & Zoning): Yes. As I explained, right now we have the Class
11 special permit. In sonic areas, for example, Downtown, we have something in place called the
Certificate of Compliance, where we already have pre -approved things, awnings, paintings, and
so on. What I was explaining is, with the master plans that we're doing, for example, on 8"' and
Coral Way, if we're able to develop the sante guidelines that are already pic-approved, then,
when those permits come in, they may become a Certificate of Compliance. Meaning, we
review it. If they've done what the master plan calls for and design guidelines, then it's just a
process that it could have in two days, f would like to say quicker, it's just a start, but it would
reduce certainly the tinge of a Class I I special permit.
Commissioner 1Zegalado: So --
Vice Chairman Cjort: There's a motion. is there a second?
51 September 25, 2001
•
Commissioner Regalado: OIC. i will.
Commissioner Winton: Call the question.
Vice Chairman Gort: is there any tm-ther 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 its adoption:
MOTION NO. 01-995
A MOTION INSTRUCTING THE CITY MANAGER TO STREAMLINE THE
CLASS It PERMITTING PROCESS; FURT14ER NSTRUCTING THE
MANAGER TO BRING SAID ISSUE HACK TO THE CITY COMMISSION
MEE'T'ING PRESEN'T'LY SCIIEDULED FOR OCTOBER 11, 2001.
Upon being seconded by Commissioner Winton, the motion was passe:, and adopted by the
following vote:
AYES: Vice Chairman Wifrcdo Gort
Commissioned' Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Commissioner Regalado: This you will bring as a more complete product next Commission
meeting. I. mean, for Informational purposes.
Ms. Gelabert: Yes. We'll bring as to what it will be right now. As you know, we're starting
with the Coral Way Study and then 8"' Street. And the purpose of that study is to come up with
the design guidelines, and thou we'll be able to implement them once we approve them. Then
that's what we'll have to use for Certificate of Compliance.
52 September 25, 2001
10. AUTHORIZE MANAGER, 'CO:GRANT RENT PAYMENT DEFERiMENT: 0:THOSI
TOURISM RELATED BUSINESSES :T14AT_LEASE REAL PROPERTY FROM, CITY.. AND
HAVE, BEEN SIGNIFICANTLY li\4PACTED BY . LOSS IN 'TOURISM IN' FALLOUT.'.OF,
SEPTEMBER. 11, 2001 TERRORISM STRIKES;; MANAGER TO ESTABLISH POLICY TO
;PBT,BRMINE .'WH1C11 B'US MESSES ARE AFFECTED BY`LOS§ OF '1?OURISM AND
PROCESS TO APPLYFOIL DEFERMENT:
Commissioner Regalado: This is one of' the things that we could do, following you ideas,
Johnny. But the thing needs to he l.nown by the people. 'There is no results if we do --1 mean, if
we have a work of art, hide it in the closet, I mean, no one -- we cannot even brag about it, and
we should brag about it. which leads the to other issues that has to do with this tragedy.
Actually, this, in a way, has to dig indirectly with the tragedy, but it fits within what the
Commission wishes to do to expedite any and all the projects. The second thing is, we need to
cointnunicate this when we do this, We need to inform. We need to report that those people that
were here, that we're notified that we invited to the Developer's meeting, For instance, what (his
project means in terms of simplif),ing. The other thing is that 1 am -- would like to request from
the Manager that we get a report from your office, the Media Relation Office, of the distribution
list and confirmation of the press releases that were sent to the New York Media when the City
Commission approved half a million dollars ($500,000) for the victims of New York. We have a
sister station, in the company that 1 work for in New York, they did not get that information. So,
I would like to see the distribution list and the confinnation of them receiving that.
Commissioner Winton: Did we issue a press release?
Commissioner Regalado: We issued a press release that, I think, after you asked them in the --
tile individual that we had in Bayfront.
Commissioner Winton: l never saw it under, you know, the running deal that's been on all the
channels, and, you know, donate to Mctro-Dade and then -- I never saw the City of Miami.
Commissioner Regalado: Well, because we were --
Commissioner Winton: I did? OK.
Commissioner Regalado: I think we issued a press release locally, but it was several days after
that, 1 also wanted to know the TV outlets that receive the video clip of the City Commission
discussion regarding those half a million dollars ($500,000). 1 would hope that we send the
video clip, because the New York media would have played that as a -- not probably as a lead
story of the G o'clock news, but as a story. So, I don'( know if we ever send it, but l wish we had
because that's a no-braincr, to send...
Commissioner Winton: Well, I don't think it ever got in the The Herald though, as a real story.
I remember there was a number of issues that were in The Heralel in the news section, but I don't
remember that one in the news section of The Herald, if I read The Herald correctly.
53 September 25, 2001
Commissioner Regalaclo: So, .1 would -- he didn't think it was enough. He wanted more. And
the last thing that i would like to present to you on this matter is one that will complete the cycle
of goveriuncnt, local government participating, not only in the safety, not only in the solidarity,
but in the reality of the economic times. We have all seen the bail out that Congress has
approved, with the President supporting, regarding the airline industry, which is the biggest and
the richest industry in this area. So, there are signature businesses in the City of Miami that deal
with tourism: Bayside, say Rusty Pelican, Monty's, or whatever. There's several. Several of
them are tenants of the City of M'ianli. Commissioner *reele spoke to hotel people. I spoke to
the people in the Rusty Pelican. One clay last week they did, in the whole day, 57 lunches and
dinners. According to them, they're losing seven thousand dollars a day ($7,000). Monty's is in
the sante predicament. Bayside has seen attendance go clown as much as 80 percent. I would
think that if 1 have a business and the City or the State or the federal government is my landlord,
l would first try to pay my providers and defer payment to the City because, after all, you know,
it's not a private landlord and they are not going to do that much to me. But governments cannot
react. Government has to be proactive. If we want to send a message to the people of South
Florida, to the business community, to the hotel in(histry, we have to act. As your representative
to the Greater Miami Convention and Visitors Bureau, i presented a proposal, through Rill
Talbert, asking them to consider a campaign with the theme "hl New York, New Yorkers, you
deserve a break," and with the theme in South Florida, in Miami -Dade County, "New Yorkei:s
deserve a break." By that, what I propose was to reduce the air fare for New Yorkers with a New
York 11.) in the state and the City of New York on 20 percent; to ask for hotel rates reduction of
20 percent to New Yorkers, and to ask for rental cars and major restaurants of a 20 percent
reduction, starting on the month -- or the winter season. By doing that, we're sending a message
of solidarity, but also trying to attract some of the people from New York. So, Mr. Talbert has
traveled to Washington today, and he will, to the council of tourists, fill that idea. There are
people already here and on the board that will participate in that campaign in New York. So,
that's one aspect that could bring us some tourism. And the last aspect is that I am proposing to
grant a payment deferment to the business that lease real estate property from the City of Miami
and that has been significantly impacted by the loss of tourism in the fall out of September 1 I"',
What I'm proposing is that we defer, to those industries and business that leases property frons
the City of 1vIlaini, the monthly payment Of October, November, and December, and that those
payments will be made in 12 equal installments, beginning January of the year 2002. 'there is
nothing free here. There is no money that the City will lose, in paper, because the payment
would have to be made. BLIt this is a gesture to the business community. And the County has
called for this weekend "a freedom weekend," they call them, Mayor Penelas and the industry, to
call on tile people to go out and to go to the restaurants. Hopefully, people will do that. BLit 1
wotnld ass: this Board and the Manager to consider this proposal, nothing free, but it sends it real
message. And the City Attorney has given me something. A resolution of the City of Miami
Commission authorizing the City Manager to grant a rent payment deferment to those businesses
that lease real property li•otn the City of Miami, and have been silniificantly impacted by the loss
Of tOln'iSlll in the fall out of September I i'i'. A period of 90 flays and shall include rent {sayable
and due for the months September, October, and November, with a deferred payment to be paid
in 12 equal installments, beginning January, of the year 2002. So, that is my resolution. 1 think
that it shows that the City of Miami is proactive in trying to go and hell) tile. ecoilonly throughout
South Floricla, and hopefully some local governments without. So, that's my resolution.
54 September 25, 2001
Conunissioner "feel(: Second, I guess, for discussion.
Commissioner Winton: Mr. Chairman.
Vice Chairman Gort: Discussion. Yes,
Commissioner Winton: My hat's off to Commissioner Regalado, because I thin]( he's really
spent a lot of time thinking about different kinds of things we could do, as I know all of us have
done, figuring out different things we can do to ]rut government in it position where it can do the
most that it's capable of doing to help stimulate business. I'm it little nervous, Conunissioner
Regalado, because -- I guess about a couple of things, and maybe l ,might be able to overcome
this nervousness. But one of the things that makes inc nervous is, you know, the principle
businesses that I think you're focused on -- l don't even know what other businesses get caught
up in this resolution, because it was pretty broad. So, there could be businesses caught up in it
that have no business being in that resolution. But the ones I was focused on arc the ones that
deal with tourism, like the restaurants you talked about.
Commissioner Regalado: And Bayside.
Commissioner Winton: But the thing is -- yeah, like Bayside and the thing on Key Biscayne,
and Monty's and those kind of things. The thing that makes me very, very nervous about that is
that what we are, in effect, doing is giving, in unfair advantage to a private sector business that
just happens to be lucky enough to have government-owned lease, and giving them an unfair
advantage over all the other hard-working businesses out there that pay just as much tax or more
tax than anybody else and they get no benefit. And I worry about -- you know, it's kind of like
the lav of unintended consequences. I worry immensely about how those other businesses aro
going; to react, the impact that it may have on them. It could be negative. And so that's one
concern have.
Commissioner Regalado: No. We will he doing what Congress did with airline industry, i
mean, there are other industry that will he impacted. Boeing is laying off a hundred thousand
people throughout the United States, Boeing Industries. Lucky is laying off. However, the
Congress focused on the airline industry because it's the major engine. Now --
Commissioner Tecle: Lockheed just got an eight hundred million dollar ($800,000,000) no bid
deal. I swear, that's the sweetest, fasted deal I've ever seen --
Commissioner Regalado: Well --
Commissioner Tcele: -- in the history of government.
Commissioner Winton: But, you know -- but, Commissioner Regalado, you make a good point.
It was --
Commissioner Regalado: What I'm shying --
55 September 25, 2001
•
!7
Commissioner Tecle: Eight hundred million dollars ($800,000,000) just --
Commissioner Winton: It's all the airlines. We're not doing something for all the restaurants.
We're doing something for three restaurants or, you know --
Commissioner Regalado: No, no, we're doing something not for restaurants. We're doing
something for tourism impacted businesses. If we were to have a lease with Intercontinental
Hotel, that would be included.
Commissioner Tecle: Well, you have one with the Hyatt.
Commissioner Regalado: Well, then --
Commissioner Tccic: This resolution directly affects the Byatt.
Commissioner Regalado: Well --
Commissioner Tecle: And what Commissioner Winton is saying is the real concern of the
unintended consequences. Look, I don't have a problem providing a break for businesses that
are affected, that are -- as Commissioner Winton says, that are directly affected by tourism,
visitors and the travel industries. The resolution's got to be limited to that. Now, the fart of the
matter is, the Dupont and the Intercontinental and the Holiday Inn are not in the -- what else?
Vice Chairman Gort: The Marriot, the Mandarin.
Commissioner Tecle: '].'lie Marriot, the Mandarin, the Sheraton, the Everglades arc not going to
get this benefit, but the Hyatt will.
Commissioner Regalado: Might.
Commissioner Teele: And we need to understand that. 13ut tliat cloesn't bother nie. What does
bother me is that this resolution -- 1 cannot support the resolution, ur11CSS the entire financial
impact is within one fiscal year. In other words, we can't give them a Break for September
because that's the current year and unless you're going to figure out who you're going to layoff
out here, you know, you've got to match the dollars with the expenditure. In other words, you
cannot not take in the dollars and not cut costs. Now, it's got to be revenue neutral in the fiscal
year. So, you --
Commissioner Regalado: Well, it's from -- would think it has to be from October to October.
And you know --
Commissioner Tecle: Exactly. And the resolution doesn't do that. The resolution talks about
September --
Commissioner Regalado: Right. Well --
56 September 25, 2001
•
Commissioncr'I'cele: -- and then the following three montlis and the following 12 months.
Commissioner Regalado: But, Commissioner --
Commissioner Tecle: So, it's got to be October and November and December, and the payback
over the succeeding nine months.
Commissioner Winton: January through September, right.
Commissioner Regalado: Well -- but the reason for September --
Commissioner Tecle: For it to be revenue neutral
Commissioner Regalado: The reason for September is my mistake, because it's about
perception. It's about when the tragedy occurred. September is a month to be remembered. So,
it doesn't matter starting in October -- from October to October. And, yes, I would really hope
that the City, as a bovernnent, can help all the business community, but we have to take some
kind of leadership by doing this. We were the only City in Florida that took money out of the
reserve to send it to Now York. No other government, and I checked. No other government in
the state of Florida has done that. So, I mean, it's all in the image. We arc it major city. We are
a poor city. But what I'm proposing is not to grant any free rides. Vin just -- a gesture,
Commissioner Winton: Well, that's the -- and that's the key, because it isn't a free ride. They
are going to have to pay back all the - it isn't -- there is no free rent here. There's only a
deferral, and they have to pay it back. And 1 think Commissioner Teele is a hunched percent
right. They have to pay it back the beginning -- if we were to pass it, I guess I would support it,
if it went from January through September. So that it gets -- you know, you get a detcrral in this
year, but you can pay it back in this year, so it's revenue neutral for the City and gives them a
cash flow break for a short period of time. But they've got to make the cash Flow break. up. You
know, it's not -- it's --
Commissioner Regalado: I -- you know -- look, this is not about money. It's about perception.
The money is there on paper, but this is about image. This is about perception. This is about
leadership of local government.
Commissioner Sanchez: And how much are We talking about, this relief, Mr. City Manager?
Commissioner Regalado: There's no relief, Joc. There's no money, There's no amount of
money. It's the stone money that we are going to get, instead of -- instead of today, we're going
to get it toruorrow,
Carlos Gimcnez (City Manager): There is it small impact in terms of.'the interest that we would
lose because we're not getting that money for those three months. But it has much less of an
impact than the original resolution, which called it to be paid back over 12 months, which
actually took us to our next fiscal year, and that would have been a tremendous impact. We're
57 September 25, 2001
trying to calculate that out. But I believe the impact is probably something that can be absorbed,
if it's all paid back within the same --
Commissioner Sanchez: Within three months.
Commissioner Regalado: No. it has to. It has to.
Mr. Gimenez: Yeah. In other words, if we defer -- when we defer it for three months and then,
starting in January -- from January to September --
Commissioner Teele: September.
Commissioner. Regalado: September. You pay.
Mr. Gimenez: They've bot to pay us everything they owe us back through the beginning of
October. The impact will be --
Commissioner Regalado: So, there Is no money involved here. It's just only a deferral. The
only money could be, you know, having them -- the money in the bank and the interest, but
still ---
Commissioner Winton: You could look at it, in some respects, the same way -- look at them like
the wily government treats most Vendors. We don't pay people for 90 or 120 days anyhow. So, 1
don't know if our ;ovcrnment does that, bUt most government does. So this could be a vendor
getting a little behind.
Conimissioncl-Teele: unfortunately, you're right.
Commissioner Regalado: So that's my resolution, as a gesture. It's -- as amendment, to defer
this payment. These rents will he paid within the next liscal year. f:verything will be paid.
There is no --
Commissioner Winton: And who are the tenants that arc impacted by this, again'? 1 want to
understand that.
Commissioner Regalado: The Manager will decide tourism -related industry.
Commissioner Winton: Only.
Commissioner Regalado: Only. Only tourist -related. Because, you luiow, what we want to do -
Commissioner Sanchez: In other words, it'll be at the discretion of the City Manager --
Commissioner Winton: Yes.
58 September 25, 2001
Commissioner Regalado: Yeah.
Commissioner Sanchez: -- to decide to who gets --
Alejandro Vilarello (City Attorney): No.
Vice Chairman Gort: No, no. «'ait. I [old it, hold it.
Commissioner Regalado: No, no. No, no, no.
Commissioner Teelc: It's a broader -- he doesn't want that.
Vice Chairman Goil: Mr. Attorney. Wait a --
Commissioner Regalado: No, no, no. I'm talking of your signature tourism industry.
Collimissioner Tecle: So, in other words, the guy who's going to come pick III) Sand from LIS 1101-
the
orthe next 90 days doesn't get this break?
Commissioner Regalado: No.
Mr. Vilarello: In terms of the -- delegating to the Manager who to select as having been
impacted by this issue, that's fine. However, each agreement will be -- will have to be modified,
or the amendment to it, and that would be subject to the City Commission's approval.
Vice Chairman Gort: OK.
Commissioner Regalado: So, it's only tOLIrism impacted. And the reason why it's only tourism
impact because the tourism industry has a domino effect on every N calk of life in South Florida,
11.0111 factories to whatever. So, Ihat is basically what I'm trying to accomplish.
Vice Chairman Gort: OK. Yes, ma'am.
Elena Carpenter: Elena Carpenter, with offices at 2980 McFarlane Road, Coconut Grove,
Florida. Publisher of the Coconut Grove "Times and Brickell Post, two newspapers in the City of
Miami. I Nvas wondering, since you're discussing this subject, we have also been affected by
advertising revenue losses hecause of the sante problems. Would this be a moment for the City
of Miami to consider advertising in our publications so we can continue to provide a community
service?
Coil] Ill issioner Regalado: Elena, let me tell you sonleilling.
Ms. Carpenter: I'm serious.
Commissioner Regalado: No. But let n1e tell you -- no, she's right. Lot me tell You SO111ethillg.
The first industry that always is impacted when there is a hint of recession are the mass
59 September 25, 2001
communication media. Because business, the first decision that they take, is to withdraw
advertising from the media. So, you know, it's all important. And we have to understand that --
maybe, we cannot .force them, but maybe those businesses that will be getting the deferral could
and should advertise to bring locals also to their places, besides the tourism. Now is the time to
advertise. Now is the time to promote. And I just hope, Elena, that, you know, the business
community has the vision to try to advertise now more than ever. But T tell you something, you
are going; to have problems and --
Ms, Carpenter: I already have theta.
Commissioner Regalado: -- and many news media are going to have problems faster than any
other business establishment. So, I think you're right.
Ms. Carpenter: I thank you, Commissioner. But I really would like to, in a very serious fashion,
invite the City of Miami to consider advertising with the local publications, as well, We're a
qualified vendor for Dade County, and they place ads with its. We'd love for our City to be
supportive of its, as well. Thank: you.
Vice Chairman Gort: ']'hank you. I_ct me aslc you a question. Shouldn't this be amended also
that the person of the business is going to receive the benefit, and this is an idea that both of you
came up With -- ShoUld C0I11e Up with a plan ofwhat they're going to do to increase the --
Commissioner Regalado: You mean, to advertise?
Vice Chairmml Gort: If they're going to do publicity, or what they're going to do?
Commissioner Regalado: To advertise and market? There should be a recommendation to them.
i mean, I don't know if we cell order them to do it, but it should be a recommendation. I mean, if
they're smart, they will do it.
Commissioner Winton: Sure gets complicated.
Vice Chairman Gort: Yeah. The problem is it's very unfair to --
Commissioner Regalado: No, it's not complicated at all. It's not complicated.
Commissioner Winton: Well --
Vice Chairman Gort: OK. Any further discussion?
Commissioner Sanchez: Mr. City Manager, Under the amendments that are made here, would it
have a negative impact to our budget?
Mr. Glnlenez: We figured oil the only -- the eventual effect, which would be the interest that we
would not be gaining on the Income. The income, it could be as high as four hundred and fifty
60 September 25, 2001
thousand a month for the income, but the interest is about fifteen hundred. But we can make
some of that up when we get higher payments. So, it's (INAUDIBLE).
Commissioner Winton: Exactly. I mean, if-- you can't say that --
Commissioner issioner Sanchez: OK. Well, as amended, I could support it,
Commissioner Regalado: OK. Call the roll.
Vico Chairman Gort: I tell you what, 1 don't think it's fair for the other businesses in the
industry to get the break. 11' Nve could do it for all of them, I wouldn't have any probleins. I'll
have to be the only negative.
Commissioner Sanchez: For the record, it's a "no" vote?
Vice Chairman Gort: "No" vote, yes.
Commissioner Sanchez: He. voted "no."
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 0 1 -996
A RESOLUTION OF THE, MIAMI CITY COMMISSION AUl'HORIZING PIAT;
CITY MANAGER TO GRANT A RENT PAYMENT DEFERMENT TO
THOSE. TOIJRTSM RELATED BUSINESSES THAT LEASE REAL
PROPERTY FROM THE CITY OF MIAMI AND HAVE BEEN
SIGNIFICANTLY IMPACTED BY THE LOSS IN TOURISM IN THE
FALLOUT OF THE SEP'T'EMBER 11, 2001 TERRORISM STRIKES;
AUTHORIZING THAT THE HEREIN DEFERMENT SHALL .BE EFFECTIVE
FOR A PERIOD OF NINE'T'Y DAYS, AND SHALL INCLUDE RENT
PAYABLE AND DUE ICOR T[ IE MONTHS OCTOBER, NOVEMBER AND
DECEMBER, WITH THE DEFERRED RENT TO BE PAID IN NINE EQUAL
MON'T'HLY INSTALLMENT'S COMMENCING JANUARY, 1, 2002;
DIRECTING THE CITY MANAGER '1'0 ESTABLIST=I A POLICY TO
DETERMINE WHICH BUSINESSES ARE AFFECTED BY '.I'llIE LOSS OF
TOURISM AND THE PROCESS I'O APPLY FOR TME DEFERMENT;
AUTHORIZING THEE CITY MANAGER TO t4m,c TE THE NECESSARY
DOCUMEN'T'S, IN A NORM ACCBPTABLE TO THE CITY ATTORNEY, FOR
SAID PURPOSE.
61 September 25, 2001
•
•
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Tcele, the resolution was passed and adopted by the
following vote:
AYES: Cornmissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Tecle, Jr.
Commissioner Johnny L. Winton
NAYS: Vice Chainnan Wifredo Gort.
ABSENT: None.
62 September 25, 2001
0 0
it I,. i APPROVE OFFER FROM. AT&T-. BROADBANDTO DETER FOR TWO MONTHS
`INCREASE OF RATES TO CITY. CABLE CUSTOMERS iNLTEU Or AT&'II'
:,FINES WHICH i
.ARE CURRENTLY DUE TO CITY: BECAUSE AT&T "FAILED TO COMPLETE, i
I,NSTAT; LATION OF. ITS. SYSTEM; WITHIN DEADLIN S1?ECIFIFD IN' AGREEMENT"
'WITH, C['I'Y; MANAGP,R °AND ,;C.ITY ATTORNEY,AL41\TG ;WITi :'SPI✓CIAL !COUNSEL
TO REVIEW ,SA'.1D. PROPOSAL FROM A` WT' INS, ODDER TO ASCE'I2TAIN. i BEST,
ECONOMIC OPTION FORuTY.
Commissioner Regalado: Mr. Chaimnan, now, I have something that you all have to decide, is
the AT&T (Aincrican Telephone & Tclegraph) broadband options that the City have. You
directed me to go meet with AT&T officials and i did. We had a discussion 111 the last niccting
and we were told by the City Attorney and the Manager to come back and the Commission
decided that they should come back because you all want to know the ainount of money involved
in the two options tllat we have. You have an option -- and you should decide today -- if we
want to go ahead and nine AT&T, starting September the I" for two thousand dollars ($2,000) a
day, until they finish construction of the AT&T broadband lines. It's estimated that they would
probably finish construction in .lune or Ally of the year 2002, or you can -- in lieu of the fines,
you can decide to do several thing: Accept the -- about fifty thousand dollars ($50,000) for park
sponsorship from AT&T for one park in each of the City Commission district; decide what you
want to do with those fifty thousand dollars ($50,000), whether you don't want it in each district
or you want it as a whole; you will have the option also of deciding if you want to defer the races
in the raids for the broadband customers that will be going in line or if you want to apply a
discount to every customer of the City of Miami, every customer, and of course, it would be less
of what you would get for the broadband as they go -on-line. If there is a decision by this board
to accept the reductions -- not Ole reduction in rates, but the deferral of races, which are going to
happen throughout South Florida anyway, AT&T will be directed to place on their bill a
language that will say that the Miami City Commission decided to defer so much in grace of
your rates. The other issue, which is connection of several sites in the City of Miami to go live
through NET 9. In the past - in the last session, Commissioner Sanchez requested to add
Bayfront Park to the live sites. AT&T would do this at a cost of one hundred eighteen thousand
dollars ($118,000) the live connection to the Artime will be eighty-four thousand dollar
($84,000); the Police Department will be one hundred and eighteen thousand dollars ($118,000),
and the Riverside office building will be fifty-nine thousand dollars ($59,000). We now have. an
additional problem, is that the Manager has said that the EOC (Emergency Operations Center)
will not be in the Miami Police Department, but it would be in the Fire College. The purpose of
going live from (lie Mianli Police Department was that in case of an emergency and in case of
the EOC being activated, we could go live from and through Nl-,4T 9, but it scorns that the EOC
will be in the Fire College, which is not in this list.
Carlos Gimcnez (City Manager): Commissioner, I made a mistake. The Fire College is already
is already a broadcast site, so it doesn't have to he (inaudible).
Commissioner Regalado: Oh. So, basically, what you have before you is two options: Either
you take the flue or either you take the options and if you were to take -- if you decide to take the
options, you have to decide whether you want "A", how to use the fifty thousand dollars
($50,000)? You want to Ilse it in each district or you want to use it as a project for the Parks
63 September 25, 2001
Department. And do you want to defer raising the rates for all the customers of the City of
Miami, sixty-nine thousand customers, or do you want deterred payment -- deferred rates for the
people as they go on-line on the broadband? So, it's up to you. Maybe Blaine and -- or the
Manager wants to do something. Maybe Susan can tell us. She has a. map that I saw yesterday...
C:011111lISSionel' Winton: Could you walk us through the options again? I'm totally confused.
C..ommissioncr Sancho: Do ,you have a handout with the options?
Susan Bisno: 1101 them in all of your offices yesterday, with your staff. I can -- 1 have a couple
copies here and I can...
Commissioner Winton: Well, i don't have mine. 1 don't have one.
Commissioner Regalado: Here.
Mr. Gimencz: Mr. Chairman, if] may. My only concern about this plan is that the -- about the
drops. And that's the one thing that 1'd like to discuss a little iiit furtlier. The costs of those drops
seem to be a little hit excessive to me, and I don't think-- I'm sure that those are AT&T numbers.
Ms. Bisno: Yes. For the N1.f q connections?
Mr. Gimencz: The cost numbers for the drops.
Ms. Bisno: Yes, sir, they are. And I'd be glad to go into greater detail with you about how we
arrived with them, but ...
Vice Chairman Gort: I'm sorry. 1 need your name and address on the record.
Ms. Bisno: I apologize. I'm Susan Bisno with A,r&T Broadband. I'm at 1800 Sunset harbor
Drive, Miami Beach. Basically, Mr. Manager, the costs are made up of two things. Part of it is
the actual construction of the connection from the current system, the broadband system, out to
the site, and then we built in about twenty-five thousand dollars ($25,000) worth of budget on
each site for electronics that will be needed to cable cast out. Now, I'll be candid with you. I did
this costing out in about a week and a half. ['in not going to spread it absolutely to the penny. It
may be a little less than this.
Mr. Gimencz: I'm still a little bit -- you know, a hundred and eighteen thousand to provide a drop
ill a couple of different places seems to be a little bit high, and I would like to see my
recommendation to the Commission is, I'd like to see a couple more drops. I wanted to see some
things in parks, in Curtis Park to maybe televise football games, high school football, some in
high schools, televised high school basketball guunes, and in some other areas. We can do some
cultural activities maybe at, you know, Hadley park, they have black box theater there. We have
a whole list of places we'd like to do this so we could really expand (lie programming that City
of Miami television could provide to the citizens, and we'd be more locally based. So, you
know, the parents could sec their kids ill a sporting activity or a cultural activity and provide
64 September 25, 2001
much more than a lot of things we do now, which is the bulletin board involved in.
Commissioner Regalado: If we were to do this site coruleetion, how much would it cost, Mr.
Manager?
Mr. Gimenez: Well, that's where f guess 1 have a problem.
Commissloncr Regalado: No, no. I mean -- your technician, your departnicnl. blow much
would this cost`!
Elaine BUZZ. (I'ciccommLInications Administrator, Information 'Technology): Elaine Buza,
Telecommunications Administrator, City of Miami. There would have to be a detailed site study
done of eacli site. We...
Cornniissioncr Regalado: You didn't do what would be the cost to us if we did it from Bayfront
Park?
Nis. i3uza: We didn't have the information specifically available that we could arrive at an exact
cost. We made an estimate, which was much lower than what AT&T's proposing.
Commissioner Regalado: Which is?
Coniniissioner Winton: Yolrr eStinlate. Your estimate. Give us your estimate.
Ms. Buza: We were estimating at ten thousand dollars ($10,000) a site. Obviously, the real costs
or the costs that AT&T is proposing is rnuch higher than that. The engineering would have to be
looked at because it's a factor of the distance between the site through the various nodes in the
system, and transceivers that have to be installed at each node from the site to the head end. We
do not have that information so we were not able to arrive at exact cost. We did an
approximation of what we thought might be reasonable.
Commissioner Winton: I need to understand that. Are you saying that on Bayfront Park, you
said your costs would be -- your estimated cost is 10,000 and they're estimated cost is a hundred
and eighteen thousand? Is that what you're saying?
Ms. Buza: Again, we did not have the speci fie details available to come up with an exact figure,
Commissioner. We were trying...
Commissioner Winton: Well, you don't have to have exact details. I'm just asking you your --
you think that -- I mean, that's a •-- that's an eleven -field, twelve -fold, eleven -fold difference here,
so ...
Mr. Ginlencz: I guess what we can do is this: I meati, we can lake a figure of three lllllldred and
seventy-nine thousand dollars ($379,000) and sit with AT&T and go through it line by line and
then il'we can squeeze out some more sites, we squeeze out sonic more sites, I think it would be
beneficial for us to do that.
65 September 25, 2001
Commissioner Sanchez: Mr. City Manager, just for a thought. Bayfront Park has basically --
although I would say has a lot of'community events, and the Amphitheater would basically focus
on -- we've had several community events because of the circwtistances Ihat we've been involved
in, but basically 4"' of'July and New Year's, when we bring in sonic of the other perfornners --
now, we might get into a legal technical issue, where some of these concerts may not want to be
televised. So, that's something that we need to look into.
Comrlrissioner Winton: Turn the system off.
Commissioner -Sanchez: 11uh?
Commissioner Regalado: .lust turn it off.
Commissioner Winton: Turn the switch off. Switch goes heel).
Commissioner Sanchez: Well, 1 understand, but, you know, if it's a hundred and eighteen
thousand dollars ($118,000), which i also think it's too much for that site, that's just something
that I wanted to bring out because it's been something that's been discussed, where, you know,
some of the concerts that come in, of course they look for sponsors and then they look for
television and stuff: They may not agree to liave their concert televised. So, its just for thought,
Asir. Gimcnez: These drops are only to allow you to go to a location, take portable equipment,
and televise, if you so desire. Where as now, you would have to go with your equipment, you
would tape it and then, later on, you would be on the air. You could actually have live
broadcasting from those areas. Again, what I'm saying is, you know, it's three hundred and
seventy-nine thousand dollars ($379,000). 1 think we can negotiate a little bit and find out ~'ghat
the actual costs arc. We may he able to squeeze out sonic more sites.
Conunissioiler Sanchez: Mr. Will, we just hired Mr. Clark. Mr. Clark is through the...
Commissioner Winton: So, should our recommendation be that we send staff back to negotiate
further with them.?
Commissioner Regalado: No, no, no. I just want to find out why -- i mean, you guys gave me
the sites about a month ago, right? Wily don't we know how much it cost to go live?
Commissioner Sanchez: Well, wait -- may I? Mr. Clark, you have been hired by the City. You
came highly recommended. I saw your impressive resume. What is your 0131111011 on these
extension costs for these sites'?
Jim Clark (Station Manager, Media Relations): 1 can't give you a fixed cost.. I ...
Commissioner Sanchez: State your name.
Vice Chairman Gore: You have to speak into the mike, your name and address.
66 September 25, 2001
Mr. Clark: Jim Clark, 3801 Southwest 58"' avenue.
Commissioner Sanchez: Are they reasonable or they're not reasonable? Do you think they're too
much money?
Mr. Clark: They may be reasonable. They're all proportional. It's dependent on two major
factors. 'That's the labor involved and the distance between the node and the site you actually
want to go live from.
Vice Chairman Gort: Well, Commissioner Regalado's question was...
Convnissioner Regalado: No, no. My question was, why we didn't -- find out how much -- i
mean, it's very easy. You just call an engineering company and said, how much would it take to
go live, install this sign, this set of wires and all that and transform...
Commissioner \�'intott: Could 1 reinterpret your question so I understand it, make sure -- is what
you're asking --are you asking why staff hasn't already met with AT&I' to understand what these
differentials arc?
Commissioner Regalado: No. I'm asking Nvhy we don't have an independent figure that we can
challenge AT&T. That's what l'rn asking.
Commissioner Teel e: You're doing a good job.
Commissioner �h'inton: Ancl the answer is?
Mr. Gimenez: The answer is, Pd like to -- that's What I'd like to do. And these are their figures
and if it's -- if the number is (trr•ee seventy-nine, What I'm saying is, WC Could look at it from an
independently and come up to what we -- what we agree on this figure. We may be able to gest
more sites out ofit. Thai's all I'm saying.
Commissioner Regalado: Well, you know, 1 spent several hours trying to figure out this. ivly
whole idea is to benefit (lie residents of Miami with a rate reduction or -- not a rate reduction but
to avoid a rate increase that is going to be inevitable, either on the broadband or either on (lie
regular cable system. We have many, many businesses...
Commissioner N1 inton: Commissioner Regalado, do you have a recommendation? lin totally
confused where you're going. What arc you trying to accomplish here?
Commissioner Regalado: I ant trying to recommend to you to decide today if we want some of
the options. Because I'll tell you why, if we keep deferring this -- if we, in about 30 days t2•om
now, decide that we are going to take the fines, what we're doing is We're putting -- now, there's
uncertainty, and A'f&T, I'm sure is telling their contractors, you better hurry because, you know,
we don't have a year. And we're going to get less money because they're going; to try to finish
this joh earlier than expected. If we put the burden ofthe fine on them, it's fine by nlc. '1'lie only
67 September 25, 2001
• 1 •
thing that 1 said
Commissioner Winton: Well, and t11e other option -- the other option?
Commissioner Regalado: And the other option is to assure -- the main thing here is not that we
go live from Bayfront Park. The main thing here is that the residents of Miami get sonic kind of
relief that they're going to be hit if the next three or Four months with increases that are going to
run h'om eight -- from two to eight dollars a month.
Commissioner Winton: And, so, that's option two. And included ill option t%vo are...
Commissioner Regalado: That's option two.
Commissioner Winton: And included in option two.
Commissioner Regalado: Are the live transmissions or whatever.
Commissioner Winton: And tcn thousand dollars ($10,000) per -- and all that.
Commissioner Regalado: Which is another thing that we could decide in the litturc.
Commissioner Winton: I move option two.
Vice Chairman Gort: It's a motion, option two.
Commissioner Sanchez: Second for discussion.
Vice Chairman Gort: It's been moved and second. Discussion.
Comrnissioner Sanchez: .lust a question. When you tally everything up on option two, what
does it add up to'?
Ms. Bisno: Well, option two, is it's here with the broadband.
Commissioner Sanchez: Yes.
Ms. Bisno: Going for live months adds tip to about two hundred and sixty-six thousand dollars
($266,000). What I've tried to explain here -- and 1 apologize If T haven't done it very artfully --
is that every month we're going to take over eight thousand homes from the current system to the
new system.
Commissioner Regalado: ExCLISe 111e. SLISall.
Ms, 13kno: Yes.
Commissioner Regalado: Let me explain. You have to decide -- in option two we have two
68 September 25, 2001
options in terms of the rates. it's either you defer the raise in rates for thousands of customers
that will be going in line each month or you decide. For two months, every customer gets a two -
dollar ($2) relief.
Commissioner Sanchez: 1 understand that. I understand that clearly. And I'm willing to support
Option two. i just wanted...
Commissioner Regalado: No, no, Joe. But I'm saying that -- in option two, you have two
options. We have to decide whether you want a two -dollar (S2) discount for every customer or
do you want to defer paying the rates increase for the customers that go -on-line.
Commissioner Sanchez: I don't have the problem -- any problem with passing the savings on to
the customer. What it boils down to is an equation here. They owe the City here seven hundred
thousand dollars ($700,000). 1 want to see what their plan totals up to, whether it's the relief,
whether it's the on-site -- whether it's the park. 1 want to compare apples to apples, not apples to
oranges.
Ms. Bisiio: And that's -- I'M with you. And what I was starting to say is that, when we take over
the eight thousand honics from the old system to the new system, we only have about a forty
percent penetration in the City of .Miami, 37, 39 percent, which means four out of ten of those
homes are customers. So, based on file current penetration, I can guesstimate, maybe estimate
education that --.educated that about three thousand of those eight thousand homes every month
will be customers. And, so, you know, the first month is three thousand customers. Tile second
month, then it's six thousand customers. That's what I've tried to explain. And, again, I
apologize if 1 didn't do it well. So, based on those estimated numbers, it comes to three hundred
-- pardon nye. Two hundred and sixty-six thousand dollars ($266,000) if we hold off for five
months. In terms of the rest of your question, Commissioner Sanchez, I listened to you last time.
You asked the very same question last time, and if you look at this whole package as it were, the
rate freeze, the park contribution, the NET 9 connections -- although Clearly We Want to confirm
those numbers, and i respect that -- it's over seven hundred thousand dollars ($700,000). The
total value of the package, and I believe that's what you were asking.
Commissioner Winton: So, we're adding NET 9 extension three hundred and seventy-nine
thousand, plus adopt a park, fifty thousand, phis --
Ms. Bisno: Plus about -- I have roughly --
Commissioner Winton: -- two hundred and sixty-six thousand in customer savings?
Ms. Bisno: -- three hundred -- i had said three hundred. Correct, sir,
Commissioner Winton: And that's the pieces we add up to get to the total?
Ms. Bisno: Yes, sir. Yes, sir.
Commissioner Winton: OK,
69 September 25, 2001
Commissioner Regalado: Well, let me propose something. Let me propose something, and you
ail decide. .foe is concerned about the numbers and, you know, 1 think we should be -- and we
should get exactly or a little more than the fines will he in numbers.
Commissioner Sanchez: I'd rather get more, but I'll settle for even.
Commissioner Regalado: No, no. So, what I'm proposing here, they think that by installing
those sites, they're going to spend so much money, three hundred and seventy-nine thousand.
They might tie right, but they might be wrong. So, what I'm proposing is that if we have an
independent opinion that those sites are less expensive than what they are saying, independent
opinion, the City has not been capable to come up with that information -- that the difference
between their figure will be passed on to the consumers.
Commissioner Tecle: Let me just say this. You know, this is very awkward to try to do this this
way in this forum. We need to have a lot more specificity, I'm -- I heard Commissioner
Regalado and I agree with him. We don't want to defer this anymore, But I really do think if the
City Attorney and -- don't we have special cotuisel on this thing, as well?
Alejandro Vila.rello (City Attorney): We don't cun-ently have special counsel on this, but Mr.
Matt Leibowitz has been working with us ori the revision of the ordinance.
Commissioner Teele: Matt Liebowitz has been on this thing from the very -- 1 mean, you know,
what we need to do is, we ought to give the direction that we're giving now -- that we ought to
give the direction that we're giving now an then tutu it over to our attorney to come back to us
with a clear written resolution, with all of the details and everything, so that its very clear that
we're doing. Because, you know, we're dealing with a very sophisticated company. You all are
going to need documents and records going up, and I think we ought to give the direction that
Commissioner Regalado and Commissioner Winton and others are trying to give, but I think
rather than trying to ink a deal here now, we need to get our lawyers involved and make sure we
know exactly what we're doing before we make the final, final decision, because i well tell you,
I'm very, very concer.nod about trying to negotiate and make these kinds of major economic
issues in finality, without the benefit of a written memorandum and details.
Commissioner Regalado: No. Arthur, what I'm asking is to approve the concept. Whether you
want to the fine or you want option two. And whether --
Commissioner Tecle: I don't want the line.
Commissioner Regalado: You don't want the fine? '!'hat's what we have to decide, Decide on if
you want option two. You don't want the line. You don't want the...
Commissioner Winton: I already moved option two.
Vice Chairman Gort: There's a motion and a second of option two.
70
September 25, 2001
Commissioner Winton: Right.
Commissioner Sanchez: Second.
Commissioner Teele: And does the motion include sending the matter to the City Attorney and
the Manager
Vice Chairman Gort: And the Manager, too.
Commissioner Teele: Including special counsel for a final...
Commissioner Winton: Acceptthe amendment.
C:ommissioncr Regalado: Right. But as amended -- if you can accept this amendment. If the
sites are cheaper, then the money proffer or the amount of money proffered by AT&T will be
passed on to the consumer.
Vice Chairman Gort: Same as the consumer, yes.
Commissioner Regalado: Sante as the consumer.
Vice Chain-nan Gort: Yes.
Commissioner Regalado: OK.
Commissioner Tecle: Call the question.
Vice Chairman Gort: All right. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
71 September 25, 2001
The following motion was introduced by Commissioner Winton, who moved its adoption:
MOTION NO. 01-997
A MOTION APPROVING IN PRINCIPLE OFFER FROM AT&T
BROADBAND TO DEFER FOR TWO MONT:I-IS THE INCREASE OF ITS
RAT],S TO CITY OF �,LIAMI CABLE CUSTOMERS IN LIEU OF AT&T
FINES WHICH ARE CURRENTLY DUE TO TlIE CITY OF MIAMI
BECAUSE AT&T FAILED 'TO C'OMPI.ETE INSTALLATION OF ITS
SYSTEM WITHINTHE DEADLINE SPECIFIED IN ITS AGREEMENT WITH
TI -IE CITY; FURTHER INSTRUCTING THE CITY MANAGER AND CITY
AT&.TORNEY, ALONG WITH SPECIAL COUNSEL TO REVIEW SAID
PROPOSAL. FROM AT&T IN ORDER TO ASCER'1'ATN THE BEST
ECONOMIC OPTION FOR THE CITY OF MIAMI; AND FURTHER
DIRECTING THF MANAGER 'I'D COME BACK WITH APPROPRIATE
DOCUMEN'T'S FOR COMMISSION CONSIDERATION.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chainnan Wilredo Gort
Commissioner Tomas Rcgalado
Commissioner Joe Sanchez
Conunissioner Arthur I . Tcele, .Ir
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Nonc
72 September 25, 2001
22. DIR>✓CT NIANAGER TO TAKE $10,100 FROM. SURPLUS:PRESENTLY .EKISTING;.IN
HIS FY 20071 OPERATING Rl`JDGET,AN1D TRANSFER SAID ANIOUNT TO LITTLE HAITI
PARK PROJECT.
Commissioner Winton: Now, you know, on the Parks money, if we're going to alternate two, so
it's going to each of our districts -- I want this ten thousand dollars ($10,000) for District 2 to go
to Little Haiti Park. So ...
Commissioner Tcelc: We acccpt it.
Commissioncr Sanchez: We accept it.
Vice Chairman Gort: OK.
Commissioner Teele: Mr. Chairman, the time is now 1. 1:48. Commissioner Regalado normally
leaves about this time. I know that .I'm next, but I world ask that we take up item number 7, item
number 9, and the public appearances. I know one of your constituents -- she was here it minute
ago. Did Ms....
Vice Chairman Gort: Yes. Ms. Summers.
Commissioner "recle: Ms. SUnlmers. Did Ms. Summers leave?
Vice Chairman Gort: I'm sure she's around.
Commissioner Teele: And I would ask that we let the distinguished Senator come forward with
his item, in lieu of talcing up more items at this lime, and then we take up item 9 out of deference
to a former, former colleague, who we're pleased he's not involved in local government here.
Keep him there.
73 September 25, 2001
• 0
• 13.. E:M- ERGENCY ORDINANCE: AMEND CITY . CODE, RELATING TO CITY'S
GENERAL EMPLOYEES AND SA)\IfATION EMPLOYEES RETIREMENT TRUSTI
REVISING SECTIONS 40-241 THROUGI-T 264; ENACTING NEW .SCCTION 404265
CREATING EXCESS BENEFIT PLAN; -CItEAT1N,G ;SECTION 40-266; PROVIDING 'FOR:
TRANSFER OF ACCUMULATED LEAVE; AND AM N1 bD VISION 4 RELATING TO
E1:I?CTEUOFrIC.ERS' RETi EMENT TItUST TO; PROVIDE FOR 'CONTINUED:RECEIPT!
OF 1,140SE RETIREMENT BENEFITS- AMEND SECTIONS 40-29G; ANU ADDTTG' 40-399
PROVIDNI G.FOXEXCESS BENEFITS PLAN TO.ELECTED:OFFICI'ALS
Commissioner Teele: 1 know that I'm next, but I would ask that we talc up Item Number 7, Item
Number 9, and the public appearances, i know one of your constituents -- silo was hel-e a minute
ago. Ms. --
Vice Chairman Gort: MS. Summers.
Commissioner Tecle: Ms. Summers. Did Ms. Summers leave?
Vice Chairman Gort: I'm sure she's around.
Commissioner Tecle: Then I would ask that we let the distinguished senator come forward with
his item, in lieu of taking up more items at this time, and then we take up Item 9 out ofdeference
to a former colleague who we're pleased is not involved in local government here. Keep it there.
Vice Chainnan Gort: Senator.
Senator Ron Silver: Thaiilc you very much, members of the Commission. If I just might be
permitted to, before 1 get into the item, congratulate all of you on your efforts, and those are the
Police and the Tire Department and the Sanitation employees also that played such a vital role in
the New York disaster, but we're praying for you, and I hope that you're praying for us when we
go back to Tallahassee starting tomorrow to address these issues, because we're going to need a
lot of them.
Commissioner Teele: Senator, you ought to give us your name f'or the record in case some of
your constituents don't know who you are.
Senator Silver: "Thank you very much, Commissioner Toole, 11or reminding me of the
requirements. Ron Silver, 12000 Biscayne Boulevard, attorney for the City of Miami General
Employees And Sanitation Employees Retirement 'frust. Thank you. We have Item 7A before
you today, which addresses the pension ordinance for the Trust, and what we decided to do
couple years ago was to go through this in detail and make corrections that were not substantive
in nature, but cleaned up the ordinances, and that's what we have done. And it took us two years
to do that. It was participation of the Manager's office, the City's actuaries, our actuaries.
Everybody had a Ii•cc flow, and that's why it tool: many drafts to do this, until everybody got on
the same page. But we have here Mr. Kromer, who I would call upon, if lie's -- where is lie?
OK. Well, he's been sitting here all the time.
74 September 25, 2001
Commissioner'fCele: W'. ChiUn11a11, I would move Item 7A.
Commissioner Winton: Second.
Commissioner Teele: Is it an ordinance?
Alejandro Vilarello (City Attorney): Yes,
Commissioner Tcelc: Read it, Mr, Attorney.
Vice Chairman Gort: Moll call.
75
September 25, 2001
•
An Ordinance entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COKMISSION AMENDING
AR'T'ICLE 1V, DIVISION 3 OF THE MIAMI CITY CODE, RELATED TO CITY OF MIAMI
GENERAL EMPLOYEES AND SANITATION EMPLOYEES RETIREMENT TRUST,
SUBSTANTIALLY REVISING SECTIONS 40-241 THROUGH 40-264 AND ENACTING A
NEW SECTION 40-265, CREATING AN EXCESS BENEFIT PLANT PURSUANT TO THE
PROVISIONS OF SECTION 415 OF THF; INTERNAL REVENUE CODE; CREATED IN
SECTION 40-266 PROVID NG FOR THF TRANSFER OF ACCUMULATED LEAVE,
AI LNDING DIVISION 4 OF THE MIAMI CITY CODE RELATING TO TUE ELECTFD
OFFICERS' RETIREMENT TRUST `I'O PROVIDE ICOR CONTINUED RECEIPT OF THOSE.
RETIREMENT BI NI FIT, WHICH SAID OFFICERS ARE ENTITLED TO PURSUANTTO
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH BENEFITS
WOULD OT14ERWISE BE LIMITED I3Y THE PROVISIONS CONTAINED IN SECOND
HUNDRED 415 OF THE INTERNAL REVENUE CODE BY THE AMENDING SECTION
40-296 AND ADDING SECTION 40-299 PROVIDING FOR'riw EXCESS BENEFITS PLAN
TO ELECTED OFFICIALS; PROVIDING FOR PROCEDURES FOR PAYMENT OF SAID
BENEFITS; CONTAINING A REPEALF11 PROVISION .AND PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECT] VE DATE.
was introduced by Commissioner Tecle 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 Goi t
Cornmissioner.loc Sanchez
Commissioner Arthur E. Tecle, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSI,N'I'. Commissionci-Tonias Regalado.
76 September 25, 2001
•
CJ
Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner
Winton, adopted said ordinance by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur i:. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSi?NT: Commissioner Tomas Regalado
THE ORDINANCE WAS IDF.SIGNATCD ORDINANCE NO. 121 1 1
The ordinance was read by title into the public record by the City Attorney.
Conimissionei- Teele: Mr. Chairman?
Vice Chairman Gort: OK. Thank ,you, What's the next item?
Commissioner Teele: Dili you need anything else, Ron?
Senator Silver: I'm just i illormed that we want to make a statement so that everyone's clear about
this, about the actual soundness of the plan. Both the City's actuary and our own actuary agree
that there's no actuarial effect upon the plan whatsoever in this regard on the changes that were
made. So, I'm told that's necessary to do so. [just do what I'an told.
Commissioner Tcele: You promise?
Senator Silver: Yes, sir. I promise. Are we OK now'? OK. Great. Thank you.
Commissioner "fecle: Mr. Chairman, while he's here, it's my hope that if the Governor calls a
special session, that there's some glitch issues related to the Third DCA (District Court of
Appeals) ruling and any help you could give us with the Department of Revenue in bringing that
up or the Governor's budget office in bringing up that glitch issue would be really appreciated.
Commissioner Winton: On our parking surcharge.
Senator Silver: it's on the parking --
Commissioner Tecle: Yeah, parking -- minor, minor. Parking surcharge. But...
Co mmsslonel' `Winton: Yes (INAUDI131',E).
77 September 25, 2001
Commissioner Teele: But it does have a revenue impact. That's going to be the subject of the
governor's call, and given the fact that (lie City is under the Governor's Oversight Board, it would
really be coutleous if the Governor included that in the calla
Senator Silver: 0K.
Commissioner Teele: In that he has a special obligation.
Senator Silver: I will I'm going to Tallahassee first thing in the morning for it budget
Commission meeting. I'll be certain to go fonvard and advise him of this in my talks with him.
And, also, I'm undcrstanding that we are going back through the secretary session to alter these
surcharges, which I'm going to be sponsoring that bill.
Commissioner Teele: Exactly. And we're grateful about that, but what we're trying to do is get
the glitch issue resolved so that we can have the Fight over the bigger -- the other issue, and
hopefully this is a non controversial, based solely on the court ruling and not based on any other
actions.
Senator Silver: Right. We will see that that's done, Mr. Tecle.
Commissioner Teele: Thank you.
Vice Chairman Gort: Thank you. Appreciate it.
Senator Silver: Thank you. Appreciate that.
78 September 25, 2001
14. ;COMMISSION ER TEELE REQU.ESTED.STAI'C SENATOR RON: SILVERS.TO ASSIST
CITY, IF GOVERNOR BUSH; CALLS SPECIAL SESSION' OR STATE LEGISLATURE ;BY
BRINGiNG UP'CITY'S PARKINIG SURC?HARCIEE:ISSUE. ;
Conmlissioner Teele: Mr. Chairman, while lie's helve it's lny hope that if the governor calls a
special session that there is some -- some glitch issues related to Third DCA (District Court of
Appeals). Any help you could give us With the Department of Revenue in bringing that up with
the Governor's budget office and bringing up that glitch issue Would be really appreciated.
Commissioner Winton: On the parking surcharge.
Senator Ron Silver: it's on the harking surcharge, OK.
Commissioncr'I'eele: Yeah, the park -- minor matter, parking surcharge. But --
Commissioner Winton: Yes.
Commissioner ` ecle: But it docs have a revenue impact, that's going to be the subject of the
governor's call. And, given with the fact that the City is muter Govenlor's Oversight Board, it
would really he courteous if the Governor included that in the call, in that Ile has a special
ohligation.
Mr. Silver: I will -- I'm going to tell (INAUDIBLE') first thing in the morning for a budget
commission meeting. I'll -- I'll be sure to go forward and advise him of this in my talk with him.
Alin, also, I'm understanding we are going back, during the next session, to alter the surcharge --
Conmlissioner'recle: F,xactiy.
Mr. Silver: Which bill l'111 going to he -- I'm going to be sponsoring that bill. So --
Commissioner Tcele: Yeah and we were grateful about that bill what we're trying to do is get
the glitch issue.
Mr. Silver: Right.
Commissioner Teele: Resolved so that we can have the fight over the -- the gibber -- the other
issue and -- and hopefully this is a non -controversial, based solely on a court ruling --
Mr. Silver: Right.
Commissioner Teelc: And not based on any other actions.
Mr. Silver: We will see that that's done, Mr. Teele.
CO1T11111SS1One1' TL'ele: Thank }lou, Senator.
79 September 25, 2001
11
Vice Chairman Gort: Thank you. Appreciate it.
Mr. Silver: 'Thank. you. Appreciate that.
C�
Iso September 25, 2001
0 •
.15. (A)' INSTRUCT MANAGER`TO DIRECT DEPARTMENT`OF<ASSET M'ANAGIsMENT
TO REVIEW PROPOSAL:FROM.ALBENA SUMNER,FOR OVERTOWN HEALTH -CLINIC.,
` R)`,DIRECT, MAKAGER, TO PREPARE PACK AGE'QF CITY OWNED PROPERTIES'
(INCLtTDING'`OVERTOWN SHOPPING CEr�TTR) FOR,:PMOSE OF PUTTING OUT
REQUEST FOR PROPOSALS �TO SELh'SA1D PROPER'fiIES.
Commissioner Tecle: Mr. Chairman, yollr colleague -- 1 know you had indicated you wanted to
hear from her -- is lhcre, and she's on the agenda, 1 think. Item number -- under the special
appearance. Ms. Sumner.
Albcna Sumner: Thant: you, and good morning, Commissioners, Mr. Chairperson. I am here
representing the Center for Minority Healthcare --
Vice Chairman Gort: Name and address please.
Ms. Sumner: Albena Sumner, 1360 Northwest 37°i Street, Miami, Plorida. Actually --
Vice Chairman Gort: What item is this?
Ms. Sumner: It's number 5, under personal appearances.
Vice Chairman Gort: Go ithead, ma'am.
Commissioner Tecle: .Item number 5, isn't it?
Ms. Sumner: OK. As you -- everyone here knows that HIV/AIDS (Hunan Immunodeficiency
Virus/Acquired Innnunodeficiency Syndrome) is pandemic within the City of Miarni,
particularly in zip codes 33142, 47 and 36). To that end, for the past three to live years, I have
worked with HIV patients as Director of Social Services for a particular clinic. And it is our
desire to open an i=IIV treatment facility in the Overtown area, specifically at 1490 Northwest 3""
Avenuc. To that end, we've appeared before the Overtown Advisory Board and we submitted
the required information to the City Asset Management office. However, the Spaces that we
initially requested were denied because, apparently, another group had appeared before the
Commission in April to open up a Dollar Stora We did not get that information until the 21",
which was .Friday. We got in OK from the Agenda Office to appear on the 21" -- on the 22"'.
On the sante clay, we also got a letter from lease management, who asked us to submit a business
plan for two other units in that building, which are units 105 and 106. We have since looked at
those units with our contractor and, actually, they meet with our approval better than the other
three units that we had, which totaled about three thousand, eight hundred and twenty-four feet.
Unitas 105 and 106 totaled four thousand, eighty-eight feet, but since it was just three days ago
that we were told we needed a business plan, we are in the process of preparing that and we
expect to have that within seven business days.
Corninlssloner Teele: What is your request today, iYls. Sumner?
81 September 25, 2001
Ms. Sumner: We were here to request that the City give us units 108, 109 and 110 at 1490
Northwest 3"' Avenue.
Commissioner Teele: Mr. Chairman --
Ms. Summer: We have since found out that those have been taken, but 105 and --
Commissioner Teele: No. But you said the others are better
Ms. Sumner: Yes. And 105 and 106 are not committed.
Vice Chairman Gorl: It's a lease. We're talking about --
Commissioner Teele: All right. Mr. Chairman, could we hear from the Management and Ms.
Green, I guess, on this.
Conunissioner Winton: Now, this letter says "We would like to lease three thousand, eight
hundred." And now you're saying lease the four thousand eighty-eight square feet.
Ms. Sumner: Yes.
Vice Chairman Gort: Right.
Ms. Sumner: What I'm saying, Commissioner Winton, is the initial request. for writs 108, 109
and 110 totaled tluce thousand, eight hundred and however many square feet. Those three have
been taken. We were not told that, in the process, that we were going through. However, the
City did let us sec units 105 and 106, which totaled fine• thousand, eighty-eight, it's about two
hundred and something square feet more than what we initially requested. Let me also say that
the Overlown Problem Solving Team is presently in unit 105, and as most of you know, 1 work
very closely with the City of Miami Police Department and, as a matter of tact, Allapattah got
their PST (Problem Salving Team) team before Overtown did, and they really don't have a
space. We would like to dedicate -- I've asked Lieutenant Meeks, of the Overtown PST, to let us
know how much of that square footage they would need and we would be happy to allocate that
space to them, ince o.f charge, because it's important that they have somewhere to be.
Vice Chairman Goa: OK. Yes, ma'am.
Ms. Sumner: What we're asking for is your approval to lease units 105 and 106 in that area.
Vice Chairman Gort: To approve the lease of that property.
Commissioner Tecle: 1 don't, know why you've trot to come to us for that.
Vice Chairman Gort: Yeah.
82 September 25, 2001
Commissioner Teele: I mean, you know, these are things that ought to be can-icd out in the
normal course of business. And I'd just like to hear from the management.
Laura Billbcrry: Lori Billberry, Asset Management. The first we had heard of Ms. Summer's
request wits a letter from her requesting spaces 108, 109 and 110. And she is correct, the.
Commission previously approved Dollar bills to go in one of those spaces. The Overtown
Advisory Hoard it is in another. And we are in the process of getting ready to present to you a
diaper factory to go in the third space. It had previously been granted to New Arena Square, but.
they've never taken possession, so --
Ms. St1111ner: Actually, nobody has taken possession. That was -- it's been six months. And
when we appeared --
Vice Chairman Gort: L:xcusc tile.
Ms. Billberry: Right, Dollar Bills is --
,tiffs. Stunner: Yeah. When we appeared before the Overtown Advisory Board, you know, we
were kind of upset about this, because we had looked at this locution three or four months in
advance. 'There were no keys available ['or its to go in and actually look at it. They had been
given -- apparently, they appeared before tile Board and they came before the Commission, but
it's been six months. 'There has been no interior improvement., nobody has moved in and, you
know, \ve were quite surprised that it took so long for us to get some consideration. At this
point, we're -- you knave, we're looking at 105 and 106.
Ms. Billberry: OK. Well, unfortunately, we were unaware that you had gone to the Overtown
Advisory Board but, subsequently, we did show her spaces 105 and 1.06. We have also showed
it to a pharmacy recently, too. But we've asked her to submit a proposal so that we can then
draft a revocable license for presentation and consideration by the Commission.
Commissioner Winton: is this the Overtown Shopping Center?
Vice Chairrrian Gort: Yes,
Ms, Billhcrt•y: Yes, it is.
Vice Chailman Gort: Yes.
Ms. Sumner: Well, now, we were asked to present a business plan, which is quite different from
it proposal. What is it that the City is requiring for the -
-
Commissioner'reele: But you know what -- ladies, ladies, ladies. You know --
Ms. Stunner: l mean, there's no argutnent. We just need to be clear as to what is needed from
tts.
83 September 25, 2001
0
A
Commissioner Tecle: But what are you -- I mean, Why Is the COI11iniSsion iiivolved in this, is
what ]'in trying --
Ms. ,Sumner: Because, Mr. Teele, we -- the process is one -- I don't know at whose whim it is,
but, you know, in order to -- what my understanding was, in order to rent this facility we had to
appear before the Overt.own Advisory Board. We had to send a letter to Miranda Albury at the
Overtown NFT (Neigllboi-hood .EilhailceillCnt Team). We had to send a letter to I.aura Billberry
at Asset Mtulagcment, and then we had to send a letter to the --
Commissioner Tcele: It's just loo many people involved in govenunent. And that's because we
got too many --
Ms. Sumner: -- to the City Manager.
Commissioner Teele: We got too many -- we got too much staff, too many people involved.
Ms. Sumner: And nobody actually knows.
Commissioner Tecle: l have said a hundred tinlCS, just so you could hear tile, 1 want to sell the
building. I want to sell it for a dollar. I want to sell it to anybody. Return it to the tax rolls. The
City doesn't want it, you know. It's a building (hat is deteriorating. The people have been in
there. 'me roof fell in on them. We've gone; through those dramas. 1 mean, this is a never-
ending saga, and the problem is that nobody really wants to rent the building. So, T Alcan, you
know, by the mere fact that you're here all frustrated -- you can't get keys to the building.
Ms. Sumner: We really want to rent the building. I mean, we have been talking to the NET
administration. It'S just every --
Commissioner Teele: Bu( whip do you want us to do?
Ms. Sumner: We were told that this was part of the process, that we had to come belore the City
Commission, and that you all had to OK this.
Commissioner Winton: ,Who told you all -- excuse mc.
Ms. Stunner: Mr. Kendrick in lease management.
Vice Chairman Gort: Well, wait a minute. Hold it. Let's hear from staff.
Commissioner Winton: No, no. I want -- who told you all of these things that you're telling us
YOU were told? Who'd you talk to?
Nls. Sumner: Well, First, when we initially wanted to lease the property, we went over to look at
it and we talked with M's. Albury at -- who is the NET Administrator for Overtown. We were;
told that we had to appear before the Overtown Advisory Board, which we did. Every -- what I
84 September 25, 2001
want to say to you is -- you weren't there, Ms. Green. What I wanted to say to you is that every
time there seems to be another step, We don't Imow what the rules are. But after we submitted
the letters, we, were told that -- after we saw 10.5 and 106, we took in a contractor because we
were told that we would have to take care of the interior improvements to the building. There
was a six-month order --
Commissioner Winton: Well, let me -- OK. Hold on. Now, who's the person -- if you're going
to lease property in the City oi'Miami, who do we deal with? Who's the person?
Ms. Billberry: It's supposed to be Asset Management.
Commissioner Winton: OK. And who, specifically, in Asset Management?
,Ms. Billberry: Well, I -- it's me. I mean, .1 may assign it to someone that handles that piirllCUlar
area.
Commissioner Winton: OIC. So, from this point on, here's the person you need to talk to. You
don't need to talk to -- you don't need to talk to any of these people. Hem's who ,you talk to.
This is the person that's going to tell you the things you need to do so we can get this issue back
here.
Ms. Sumner: I have -- may i say, sir? [ diel speak to Peter Kendrick, who is the person who was
assigned to this -- who works for or under Ms. Billberry. And we were, not until Iasi week, told
that we had to submit it business plan when we went to look at 105 and 106. Apparently, there
was another procedure in place prior to Mr. Kendrick's being hired.
Commissioner ` oele: Are YOU interested in paying the market rate or arc you trying to get a
discount?
Ms. Sumner: They've told Lis that's it's six and a half dollars ($6.50) per square foot. We have
already had a contractor to go and look at what needs to be done. What we've been told is that --
Commissioner Teele: Are you prepared to pay --
Ms. Sumner: Yes, sir -- that there's it six-month moratorium on the rent for us -- to give us time
to do the interior improvements, and we've agreed to that.
Vice Chairman Gort: OK.
Commissioncr'I'eele: So what's the issue'?
Ms. Billberry: I'm not aware of ariv issue. We're just simply waiting for it proposal, so we can
meet with her and draft an agreement at tl)is time. We --
Ms. Sumner: That will be our business plan --
85 September 25, 2001
•
Ms. Billberry: OK.
•
Ms. Sumner: -- which we were told we had to submit to you on -- in the letter l received on
Saturday, will be submitted within seven days.
Commissioner Winton: Are yon an existing -- is this an existing business?
Commissioner Teele: Entity.
Cornmissloner Winton: Iluh?
Vice Chairman Gort: Entity.
Commissioner Tecle: It's an existing entity. I wouldn't call it --
Commissioner Winton: You're an existing entity. Been in --
Vice Chairman Gort: Established.
Commissioner Winton: Thank you. Established how long ago?
Ms. Sumner: The other parties are not here, but more than three years. Three years, I would say.
Vice Chairman Gort: Go with three years.
Commissioner Winton: And, so, don't we do kind of it credit check and it background check to
figure out if that's the kind of tenant we Want?
Ms, Simmer: What we were going to --
Commissioner Winton: And why do we have -- do we always seek a business plan from all of
our tenants?
Ms. Billberry: We usually ask for some form of proposal or business plan to understand whether
or not it's a good use for the shopping center, and that the Overtown Advisory Beard also has
input in, which she has already appeared before them, and they have recommended. --
Commissioner Winton: But a business plan is pretty different than --
Ms. Sumner; Than a proposal.
Commissioner Winton: A business plan is a very complex document that few people- out there
know how to do.
Ms. Billberry: .It can be a proposal. It doesn't have to be --
86 September 25, 2001
• 0
Commissioner Teele: Or reml.
Commissioner Winton: Or read, that's right. But if we're telling them a business plan --
business plan is a technical term.
Ms. Billberry: The letter -
Commissioner Winton: And this lady understands what it is.
Ms. i3illberry: The letter provides for submitting a detailed proposal of her intended use. That
was whet was stipulated in the letter.
Commissioner Winton: But somebody probably told lter --
lMs. Billberry: In my office.
Commissioner Winton: -- on your staff, said "business plan."
Ms. Billberry: Right.
Commissioner Winton: So, let's clear that up so that we're not giving them the wrong
impression.
Vice Chairman Cort: A proposal (INAUDIBLE) 10 years.
Commissioner Winton: Because a business plan is a complex document that is a technicai term,
98 percent of the businesses out there never create one.
Commissioner Tcole: And those that do, don't follow.
Commissioner Winton: Right. So, let's make sure we give them the. right request.
Ms. Sumner: We want to know what it -- yeah, what we need. Is it a proposal or a business
plan? Because we're in the process of preparing a --
Commissioner Winton: A proposal about what your business is and what it does. You know,
that kind of thing„
Vice Chairman Gort.: It's a proposal with intent of the use of the facility, 'That's it.
Commissioner Winton: Righl.
Vice Chairman Gort: OK. Thank you.
Ms. Sumner: And them?
87 September 25, 2001
• 0
Vice Chairman Gort: Then you sign a contract.
Commissioner Winton: And you're going to negotiate with her.
Ms. Sumner: OK. Thank you very much
Commissioner Winton: You're welcome.
Ms. Sumner: Thank you.
Vice Chairman Gort: Yes, Nis. Green.
Rosa Green: Good morning, Commissioners. Rosa Green here. And when I speak, I'm going to
speak the truth. First of all, you are five of the most smartest mels in Miami and everything rests
on your heels. And I want you to know -- and I don't know -- but it seems as though you're
oblivious to us not really having; an Overtown Advisory Board. According to the statutes -- I
have secured the book from 'Tallahassee -- we are not a board. I've written and I've said before,
the worst prohlcm that we have in Overtown is a lack of communication. Now, all of this is
taking place. I live and breathe and eat in the heart of Overtown, I've been there for 16 years,
and 1 know absolutely nothing about this. It took us eight years -- eight or nine years to establish
the Je.tferson Reaves Hcalth Center, which just secured, I thine:, about five hundred thousand
dollars ($500,000). We're working with this AIDS program, as well. And what we're doing,
we're overlapping things that's already in place. The second thing; I'd like to tell you, that sign
on -- where this area is supposed to be located says "Overtown Shopping Centel-," which we do
not have. We have, as the Honorable Chairman Teele -- I mean, Commissioner Teele, putting
beautiful parking lots over there, but we don't have anything there I'or people to park to shop for,
OK? And now we can't -- as smart as you all are, you just can't be oblivious to what's going on
in Overtown. And I could get or maybe ask you guys, since I haven't asked you for any capital,
get me a bus and I could bring a whole project full of people and line thorn up in here to telt you
what we really need. You can't come in my house and tell me what I need, OK? And I feel that,
before you guys approve anybody coming; over in that infested, overlooked, underserved
neighborhood, people in projects who need training -- the other day, when they had the ,lob Fair
at that center there, One Stop, you all should have been there to see the amount of people. They
were like this in that building, wanting to work. What we need is somebody to get these people
trained and put them on a tax toll. We don't need any more duplication of services. We have a
beautiful center there. and I -- and you've been there, Commissioner -- all of you, .I hope, have
been there to see the Jefferson Reaves Center. ft's well ran. It's well kept. It's clean. And I'm
not going to ever say we don't need liealth centers. Maybe we do, But Overtown need to
prioritize what we need, and first things first. And 1 don't like to come down here, but if 1 don't,
who will? And as i said before, we got two people listed on the incorporation of the Overtown
Advisory Board, and it's not ran. We have no minutes. We have no treasurer, We have no
office. I was appointed in October of last year and, to this date, that office is not running, And
it's my knowledge that we have no budget. f've gone to Ms. Albury and she told me that she's
short of help and you guys ref'usecl to give her some help. She can only (10 so much with the help
that she has. So, I beg you, please, before you all gel together and give us something -- because
I'm living there, and I don't know any place l'm going to go now because I'm retired. I have my
88 September 25, 2001.
children living there and guess what? I'm living -- [ have a fourth generation. First., second,
third and fourth generation, and I'm proud. And I got there by caring about myself and caring
about my neighbors. So, please, think before you open up a health center, and let's try to get
somebody, as this Commissioner said, to buy that center and fix it up. They told me -- one more
thing and I'm going to hush. You told me, when the bank carne there, about six or seven years
ago, that was going to he the key to }vetting some more people to conic in --
Vice Chairman Gort: We're hoping to.
Nis. Green; Oh, hitt we're still hoping, Commissioner. And not only that, the bank: has changed
names, but nothing else has. And then, one more thing, Commissioner Teele, you told us, during
the firne when the late Mayor Clark was living, that if we went districting, it was going to be
better. No, no. Worse. So, whatever you all can do, put your heads together and let's get over• --
we right downtown and the people don't know. So, try to get tis somebody to invest and if you
don't know, conic to the "0.", We know the way. 1 will go to these millionaire basketball
players, who come here, kind tell there to Invest in Overtown. 'Thank you.
Cimlmissioner Winton: Now, Rosa, that's --
Ms. Green: Yes, sir, Commissioner.
Commissioner Winton: That may be the most important statement you've made. Because let me
talk about the Overtown Shopping Center. Let me talk about the bank for a second. I wasn't
here and if I would have been here, i can assure you that never would 1. have said, by bringing the
bank, (lie world is going to be suddenly better.
\FIs. Green: Oh, yeah. They convinced nic.
Commissioner Winton: I would have said, by bringing the bank, Nye take one small step that
shay have potential to lend to some other additional economic development.
Ms. Green: Ycs, sir.
Commissioner Winton: But the bank, unto itself, doesn't do anything, except give the local
people there access to a bank. "That's all it does.
Ms. Green: That's right. It's a business.
Commissioner Winton: In our society, this capitalistic society, the folks that you want to conic
and open stores at the Overtown Shopping Center aren't going to come, because government
raises their hand and says "Yost, ,you, you and you, Mr. Retailers, we want you to go to the
Overtown Shopping Center." They're going to go to the Overtown Shopping Center because
they're going to look at the -- and I hate to Sound cold and cruel, batt it's just a fact to how the
economy works. "They're going to look ut the demographics around that Overtown Shopping
Center and they're souls to liatll•e oUt, if there's a lot of bad guys hanging out oil a cornet• selling
drugs, they're going to figure out if there's people in the neighborhood that have disposable
89 September 2S, 2001
• 0
income that call buy something, they're going to try to figure out if they can matte their business
succeed. if they think that their business can't succeed, either because there's not enough people
living in the area to support my business, or because the quality of the shopping center itself is
too terrible, so I know customers won't come, or because there's too many bad guys standing at
the corner of 12'x' and 3"", or whatever that is over there where the bad guys Jiang out all the time,
and I'm in fear of my employees and my customers, those are all issues that go into determining
whether or not busllless is going to locate in all arena like that. So, what can government do
about that kind of thing? Government can do a number of things. And I've got to -- you know,
I've got to defend Commissioner Tecle here, and he and 1 had our debates about a whole host of
issues when I first got here, including the debate over these parking lots. And I was very much
opposed to the concept of building parking lots in Overtown as our first step towards economic
development. 1 was opposed to it, because 1 thought it wasn't the smartest thing to do first. It
wasn't. i wasn't opposed to it because 1 thought it wasn't smart, because I thought it was
important. I was opposed to it because I thought, in order of priority, it wasn't the best order of
priority. But I'll tell you that having watched what lie's done in that conlmutlity now, I can tell
you, with a great deal of confidence, that the move was very smart, because it was one of the first
moves that government could snake that brings infrastructtire improvements to a neighborhood
that badly needs infrastructure improvement, that sends (lie signal to the private sector
community out there that we need to come and get in that shopping center, that things are, in
fact, different. They're different. We're building shop -- we're not building a lousy surface
parking lot. out there that's covered with gravel, and got two little sprigs of bushes in it. We're
building the nicest parking lots, maybe in all of South Florida, in Overtown as a signal that this is
a place where you need to come and invest. And, so, there are steps that we can take and there's
additional steps we, yet, have to take before we're going to get Overtown Shopping Center with
any tenants in there, where you can buy something that you want to shop for. And the neat
significant step relates to policing, and that's a sensitive issue in Our Coliltlllinity, as a whole,
right now. I think we've got a lot of really good cops. l think we've got a lot of really good
neighbors. In fact, .l think the neighbors and the cops get along a lot better than lots of people let
out. No question, we've had some bad cops. We may still have some bad cops, but the boll's
share of them is good. The next step that we have to take, as far as 1'ni concerned, is we've got
to get our problem solving teams in Wynwood and Overtown, working hand and hand, to
squeeze the bad guys now. It's time to squeeze the drug dealers out of the community entirely.
If we squeeze the drug dealers out, if we then, simultaneously, go after all the absentee landlords,
some of whom are white, some of'whom are black, that maintain the worst properties on the .face
of the earth, in that neighborhood there, on purpose,on purpose -- if we go after the bad guys
that are dealing drugs, if we go after the batt guys that are absentee landlords, at the sante time
that Commissioner Teele has led the charge to bring real infrastructure iniprovenlenls to that
community, which lie has done, then I'm telling you that the economy is a mess right now, so I
don't know what's going to happen. But if we -- if our economy were still going forward, I
would almost be willing to stand up here and guarantee you that, in two years, you would see a
significant difference in that Neighborhood, because the retail marketplace in this country is
refocused on inner cities. They're malting money. They figured out how to make money, but
they're going to pick and choose where they're going to go in our inner cities, and they're going
to go in those arenas where they think they can matte money and where it's going to be sane.
And we have to do both parts of that. So, Overtown Shopping Center -- no, Overtown as a
whole. Commissioner `I'ecic's already started all the steps that arc showing that we're doing
90 September 25, 2001
infrastructure improvements and we're going to try to do more. We're going to go after the bad
Buys that are drug dealers, and we're going to go after the bad guys that are absentee landlords
and we're going to hammer the hell out of all of them.
Ms. Green: Abandoned buildings.
Commissioner Winton: And the neighborhood better --
Ms. Green: Full of them.
Commissioner Winton: The community better support it.
Ms. Green: They will support it. And they need jobs.
Commissioner Winton: Because as soon as the community starts saying, "Oh, no. Don't pick on
my apartment building. No, no, not mine. Pick on somebody else's. Baloney. You pick on all
of them. This is equal opportunity pick on right here. Anybody that's violating the code,
anybody that's violating the law, they need to be hammered. We have departments in the City --
,in(] you've already seen the job fair. We can bring that job fair thing to your neighborhood
every week, and we can do those kinds of thinks. But if we clean the neighborhood up, I'm
telling; you, that investors are going to come into that neighborhood. We will get more housing
built that we're trying to get done right now. As you build more -- you run the bad guys out,
good guys are coming in, and we can turn that neighborhood around. As it relates to the
shopping center, my last point. I agree with Commissioner Tecle. We need to sell that piece of
property. End of story.
Ms. Green: Amen.
Commissioner Winton: Our Charter prohibits -- makes it difficult for us to do that. But I'm
going to suggest to the City Manager and Assistant City .Manager that they go through the asset
list of properties that we own in the City of Mianli, that we've taken bacic through foreclosure or
whatever other means, identify a hall a dozen properties that could look like they could be
income-producing properties, half a dozen of them. Bundle them together in a package and then
put out the bid, just like the RTC (Resolution Trust Corporation) did. You will get three bids, if
you bundle together enough assets to make it worth the buyer's while to come and go through
our mess. So, the directive that I would give to the City Manager is to put together a package of
assets that we could bundle, and we'll put them out 1'or bid and we will bet bidders -- at least
three bidders, and then we don't have to go to public referendum and we could sell the Overtown
Shopping Center. And I'm sorry, Commissioner Teele.
Vice Chairman Gort: Great idea. That's a great idea. Yes.
Commissioner Sanchez: Mr. Chairman,
Vice Chairman Gort: Commissioner Sanchez.
91 September 25, 2001
0 •
Ms. Grcen: I want to thank you. And I want to say, I'm not really complaining aboutthe park
and shop. It's really an asset to Overtown. My point is, we don't have anything to shop for in
Overtown.
Commissioner Winton: But you understand my point.
Ms. Green: And i f we get -- yes, sir, and I certainly appreciate it.
Conimissiorier Winton: The reason we don't have anything to shop for is, they're not willing to
come yet.
Ms. Greets: Yes, sir.
Commissioner Winton: And we got additional steps we have to take and then those retailers will
conic to the neighborhood.
Vice Chairman Goat: Right. Commissioner Sanchez.
Commissioner Sanchez: Ms. Green.
Ms. Green: Yes, sir.
Commissioner Sanchez: Since I've been here -- and I'm going on my third year—
Ms. Green: Yes,
Commissioner Sanchez: Let me tell you that that area, Overtown, we are putting more resources,
researches, dollar per dollar, to bring revitalization to there than any other area in the City of
Miami. 'That area - and, once again, when they focus on the parking lots, my number one
priority was the Third Street Corridor. That's the --
Ms. Green: Third Avenue.
Commissioner Sanchez: You know, where you built that. Once again, I look at my district and
one of the biggest problems that I have today is, yeah, we got shopping malls, but guess what'?
We ain't got nowhere to park.
Ibis. Green: Yeah.
Commissioner Sanclicz: So, when you say that the parking lots went forth -- .l wish that there
were some -- if l had the power within me to go back to certain areas in my district and say, "Let
me start all over," i would tear clown and build parking lots. Because if people cannot park,
they're not going to shop. So, the opportunity that was presented in that area is that you have the
opportunity to start 11•0111 scratch, basically. So, you're saying, "OK, we're going to take these
areas and we're going to put parking lots." And then went through all the assistance. And i'nl
telling you, wearing a different hat at the CRA (Community Redevelopment Agency), we have
92 September 25, 2001
basically dare just about everything we can to, one, provide technical assistance for several
businesses that, today, are succeeding. They were before, but today they're better off. We're
taking an area that, for the longest time, suffered economically and now it's starting to rebuild
LIP. But, once again -- this is a statement that l always make is "Rome was not conquered in one
day, neither was it built in one day." And it will come. It will come. And yoti know, you've got
to have a little bit of patience. But for you to say that things are worse off today, you know, 1
don't quite agree with you on that. l think the area itself -- and 1 drive around it. l drive --
Ms. Green: But there were stores, Commissioncrs, when I came. There were it few businesses
in the Overtown Shopping Center. They aren't there anymore.
Commissioner Sanchez: Well, here's the thing. There were a lot of mistakes made in the past in
that area, a lot of promises that were never fulfilled. A lot of investors that came in, said they
were going to do something, walked away with their pockets full of cash, and never --
Ms. Green: That's my point. Yes, sir.
Commissioner Sanchez: -- did what they had to do. So, loday, at least we're starting to see that
things are getting done. People have come, residents of Overtown, and -- you know, there's
always going to be adverse -- we're human beings. We're always going to disagree, but one
thing is that we have to respect each other. People have come and said, "Well, hey, Overtown's
moving fornvard." 1 mean, we're bringing things into Overtown. Franchises that are going to be
corning into the area. 1 think -- and this is a statement that I made earlier to you -- that is an area
that this Commission, whether it's this Commission, where we wear the Commission hilt, or the
CRA, it is the area that a lot of Commissioners sacrifice rands for their district to the CRA, and
it's also the arca that, for now, dollar per dollar, research for research, commitment is going to
that area. Now,] want you to leave out of here knowing at least that, and that's the truth, so help
me God.
Ms. Green: Thank you. Well, our biggest problem -- and I'm going to sit down -- is the
abandoned buildings, and really giving us something, you know, nice that we can really be proud
of and not the crumbs. 1 really appreciate it. But [just know it moves very slowly, and we're
very close to the AAA and the Arena, and we haven't torn that down. And one other thing 1
want to say, if I can live (here, somebody else can visit there. So, we're not that bad. We're not
a combat zone, like they would have you think. 'Thank you, Commissioners.
Vice Chairmen Gorl: Ms. Green, I have to tell you, I've been dealing with Overtown and
(inaudible) and for you really see some improvement taking place over the last .four years.
Thank you.
Ms. Green: Yes. And 1 thank you. 'thank all of you.
93 September 25, 2001
C�
•
16. AUTHORIZE .MANAGER TO EXECUTE A:it1:ENbTMENT' TO R.EVOCABLE PERMIT,
WITH BAYSiDE :SEA1�OOp 1tESTAURANT, M. LQCXTBP A'1' 3SOl RTCKEN13 ER
CAUSEWAY.
Vice Chairman Govt: Commissioner Teele, do you have anything to add?
Commissioner Tecle: Mr. Chairman, for the (INAUDIBLE) because Mr. I...acosta has been here.
And I do know that we also have Camille --
Vice Chairman GOrt: Item 9, yes.
Commissioner Teele: We ought to really u•y to clear all of tlic public appearances of the people
that are here, because it's just not fair to have people coming and come back. I would move .ltem
9. [tcm 9 is a result of a tiro -- an unfortunate fire, and it requires that we extond and amend their
lease provision to allow for this --
Commissioner Sanchez: Second.
Commissioner Tecic: Does this have the Manager's recommendation?
Vice Chairman Gorc [s there a second?
Commissioner Sanchez: Second, yes.
Laura Bilberry (Director, Asset Management): If I can just clarify, it's a revocable permit,
though.
Commissioner Teele: Say again.
Vice Chairman Gort- Yes.
Ms. Bilberry: It's a revocable permit, not a lease.
Commissioner Teele: Revocable permit. I stand corrected. Thafflc you.
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor state it by saying "aye."
The Commission (Collectively): Aye.
94 September 25, 2001
The following resolution was introduced by Commissioner Tecle, who moved its adoption:
ItESO ILUTION NO. 01-998
A RESOLUTION OF -1 -HE MIAMI CI'T'Y COMMISSION AUTHORIZrN`G THE
CITY MANAGER '1'O EXECUTE AN AMENDMENT TO THE REVOCABLE
FERMI"I', IN A FORM ACCEPTABLE TO TIAE CITY ATTORNEY, WITII
BAYSIDE. SEAFOOD RBST'AURANT, INC. ("PERMITTEE") '1'0 ASSIST
PERMITTEE IN REBUILDING THE RESTAURANT AT VIRGINIA KEY
MARINA, 3501 RICKENBACIUIZ CAUSF,WAY. MIAMI, FLORIDA
("AREA"), BY ADDING "I'I IL FOLLOWING 'PERMS AND CONDITIONS: (1)
PERMITTEE TO REBUILD THE AREA T'IIAT WAS PARTIALLY
DESTROYED BY FIRE, ON AUGUST 10, 2001; (2) PERMITTEE TO USE
INSURANCE PROCEEDS JOINTLY RECEIVED BY THE CITY ALONG
WITH ANY OF PER.MITTEE'S OWN FUNDS NECESSARY TO COMPLETE
THE CONST'RUCTLON; (3) PERMITTEE TO DONATE THE
IMPROVEMENTS TO TIIE CITY; (4) PERN411"I'EE TO RELEASETHE CITY
FROM ANY AND ALL CLAIMS AND LIABILITY 1N CONNECTION WITI-I
CONSTRUCTION OF TlIE IMPIZOVLMENTS AND THE USE OF
INSURANCE PROCEEDS AND ANY ADDITIONAL FUNDS REQUIRED
FORTHE RECONSTRUCTION OF THE DAMAGED AREAS; (5) CITY TU
DEFER PAYMENT OF MONTHLY FEES OWED BY PERMITTEE FOR '1'1.11~
PERIOD OF AUGUST 1, 2001 TIIROUGII THE FICO OF CONSTRUCTION,
BUT NO LATER THAN NOVEMBER 30,2001; AND (h) PERMITTEE TO
COMMENCE PAYMENT OF DEFERRED FEES WITH EITHER THE
COMPLETION OF THE CONSTRUCTION OR DECEMBER 1, 2001,
WI-IICI-IF'VER OCCURS FIRST, W11101 PAYMENTSHALL. 131: MADE ON
THE. FIRST DAY OF F',ACH MONTH, FOR SIX MONTL-IS FOLLOWING THE
EXPIRATION OFTHE DEFERMENT PERIOD.
(Here follows body of resolution, omitted here and on file in the Office of the City Cleric.)
Upon being seconded by Commissioner SanellC'Z, the resolution was passed and adopted by the toollowing
vote:
AYES: Vice Chairman Wifi•edo Gort
Commissioner Joe Sanehcz
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSE'N'T: Commissioner Tomas Regalado
Vice Chairman Gort: Great presentation, Mr. I_,acosta.
95 September 25, 2001
17. COMMENTS BY COMMISSIONER TE8LE, ON ONGOING PROBLEMS AND
COMPI,AINTS,IN.RELATION TO RGVt'I'ALIZATION-EFFORTS'IN OVERTOW I.
Commissioner Teele: Camille, are ,you going; to come? is there anybody else that's on the
public hearing -- I mean, for public appearance? it's number 9 -- number 5.
Commissioner Sanchez: You're quite welcome.
Commissioner Teele: While he's coming, Commissioner Winton and to the public, there's --
you know, we waste a lot of time, and I've sort of coined the phrase -- and I'm sure
Commissioner Sancho has sort of picked up on it now -- and that is, "No good deed goes
unpunished," especially when you're talking about Overtown. But l have to tell you, colleagues,
I am so embarrassed, as a Commissioner that represents Model Cities and a part of Wynwood
and Little i-laili, at the kind of discussions that we have about Overtown. There is no question
that Commissioner Sanchez is right. Every Cormissioner up here gave up money so that we
could do the re'vitali'zation efforts in Overlown. There is more money, dollar for dollar, person
tier person, going into Overtown than any other part of this entire city, and I make no apologies
for it. There's a lot of hroken promises for 20 or 30 years. 1\4s. Green says only one thing that 1
agree with this morning and, that is, that the people of Overtown need jobs. Overtown has the
highest unemployment rate of the entire county, Indeed, higher than the state, Three times
Higher than the county average. 13ut you Icnow what just blows my mind is, there is only one
way to create a job in Amcrica and that's the private sector. There's only one way to create a job
and that is the private sector. And for anybody to complain about parking lots, just doesn't
understand Economics 100. Colonel Wolfson was the smartest man this town ever saw, because
he did -- it took me 30 -- 50 years to figure out what lie did. And what Colonel Wolfson did,
with all due respect to him, is he figured out how to trick the citizens of this community into
paying for the parking for his movie theatres so that he didn't have to pay for the parking, that
the taxpayers paid for parking. 'That's how the Downtown Parking Authority got created, It was
Colonel Wolfson's vision. And what it is, is when you have to pay today four and .live and six
thousand dollars a space as a business owner, that's dead money. It's much cheaper to get the
taxpayers to pay it. And so, everybody in downtown Miami, everybody in Miami, generally, has
the taxpayers paying for parking, except in the poor parts of the Cuban community, and the
Hispanic conuuunity and throughout the Black. comnurnity. If you want to create jobs in Miami,
you've got to build parking infirastructurc first. And so, you're not going to have a franchise
that's going; to hire 20 people or 12 people, if you don't have adequate barking. And that's the
key -- why we built the parking, We're not going to have ,fach:von Sold Food, that closes today
at one o'clock today, at one they close -- they're not going to stay open until 1 i o'clock, until
you provide them adequate parking and adequate lighting so people can come there and parte.
And if they stay open till one o'clock -- 1 l o'clock at night, instead of hiring? 10 people, they're
going to hire 20 people. And all 10 of those new jobs are going to be primarily located in
Overtown. This is not high finance. This is just con7rnon sense. If Colonel Wolfson could
figure it out 40 years or 60 years ago, at least the rest of the community, especially the Overtown
so-called leadership, ought to be able to figure it out 50 years later. The key to providing
permanent jobs is to provide permanent businesses. And what businesses need in the urban
corridor -- in urban core is adequate parking, adequate lighting, adequate security. It's just that
simple. And we have clone what most other communities are going to need. Right now, the
96 September 25, 2001
•
biggest problem I have in my district is Liberty City. I heard fi•om Mrs. Range yesterday. They
need parking over there. We're building a little bit of parking now on 17"' Avenue and 55"'
Street. Mr. Jackson, thank you very much for finally moving that. The people are celebrating
over there. It's only in Overtown that people are complaining everywhere. So, we've got to
tieure out a better way to do this. I mean, ,you know, my position is real clear. We're going to
finish up this program that we've started in Overtown, but as far as I'm concerned, we've got to
not only go where there's a need, but we've also got to go where there's soinc degree of
appreciation for the money and the efforts, because there would not: be an Overtown
Rcdevelopment Program going on if every one of the other i'our Commissioners hadn't said, "I'll
give tip some of the money from my district and let you do this in Overtown."
97 September 25, 2001
18 (GRANT REQUEST RESCEIVED FRONT'' MR. CAMILLE MERILUS EXECUTIVE
DIRECTOR OF .CAMILLE AND SULETTE.: MERILUS FUUNDATION;- FOR: WAI VEW10F�:
FEES EOW RENTAL;.OFFICE SPACEi LOCATED, 'AT MAW.- EL. ARTIME `;CLNTER;: 970
S:W, Is"STREET; FOR 9q DABS, TIiEREAFTER,;:SAID!GROUP SHALL 13t6N TO PAY;.
REGULARMONTHLY RENTAL RA.TROF,S531.G7 FOR SAiD SPACE
Commissioner'feele: So, Mr. Chairnan, Mr. Camille MCHItiS is here, and --
Vice C:hairnlan Gort: Thank you.
Camille Merilus: Yes. Good morning, Commissioner Gort, Commissioner 'Peale,
Commissioner Sanchez, Conunissioner Regalado, Commissioner Winton, Mr. Girnenez, Mr.
Attorney, Mr. Clerk and the audience. My name is Camille Merilus and I'm the founder of
Camille and Sulette Merilus Foundation for (INAUDIBLE) Inc., that you all know as Operation
Save Eyes. Yes. Since we got limited resources to Serve our community and we cannot afford to
go rent a space, which would cost a lot of money, so we are here to call Upon the C01111111SSlOn to
waive the fees fol' US SO We Can OCCllpy the space at that building next to Manuel Artime Theater,
at 970 Southwest First Street. And we know thilt the co1nmunity that we serve has needs that
need to be met, and we are willing to serve and we desperately need the space. And we would
very much like you to make a decision to allow us to use the space so we can get our job done
and -- which is to serve the con1n11.t11ity.
Vice Chairman Gort: Thank you..
Cornmissioner "[cele: Mr. Chamnan --
Vice Chairman Cort: Yes.
C0111111iSSiOner Teele: -- could we hear from the staff? Camille, juststay where you are. .lust
move to the side a little bit. Let us hear from our staff. This is a -- they're asking for this at the -
Vice Chairman Gorl: Artinle Center.
Commissioner Tecle: At the theater.
Laura Billberry: Hi. Lori Billberry, Director of Asset Management. The Merilus Foundalion is
trying to get space in Manuel Artinle. In January of last year, the Cornnlission established a rate
schedule for use of space in Manuel Artinle, and the rates 1'or the space is six thirty-eight a
square foot, which includes a 250/o reduction for being a non-profit. We are not recommending a
waiver of fees.
Commissioner Tecle: I -low much ire -- what's the occupancy there?
Ms. Billberry: It's about ninety percent right noNv.
98 September 25, 2001
• 0
Commissioner Teele: Ninety percent occupied?
Ms. Billherry: Yes. This is a thousand square feet that he is inquiring about, which equates to
five thirty-one sixty-seven a month.
Vice Chairman Gort: You're talking about five hundred dollars (S500) a month?
Ms. Billbcrry: Correct. hive thirty-one sixty-seven.
Conlniissioner Winton: I think you're talking about more than four hundred dollars ($400) a
month. You're talking about a principle here. You know, how are we going to get in the
business of giving free office space to not-for-profit corporations? I -- you know -- and there's --
we have a thousand not-for-profit corporations in this community, at minimum, and a large
percentage of those thousands do really, really good quality work, just as this organization does
really, really quality work. But we can't get in the business, as far as l'm concerned, of
providing free office space. You know, we did a very short-term month-to-month for some not-
for-profit
ot-
for-proft not long ago --
Commissioner Sanchez: i think it was, we allowed them three months, 90 days waiver, which --
Commissioner Winton: Yeah, exactly. Right. And that's very different than
Sanchez: And if you do it for one --
Commissioner Winton: -- you've got to do it for all of them. I mean, there's no -- so, I -- you
know, as good as the organization may be fi-om a standpoint of principle, 1 cannot support
opening the floodgates to providing free office space in City property for not -for -profits.
Vice Chairman Gort: OK. Anyone else?
Commissioner Sanchez: However, I ani prepared to make a motion that the -- just like the other
one, the other not-for-profit, is that the fees be waived 90 days, and then they would start paying.
Commissioner Winton: I could support that.
Cornnlissioner Toole: Second the motion.
Vice Chairman Gort: It's a motion and there's a second. That gives you 90 days to loot: for
funding to --
Conlnlissioner Sanchez: In other words, that gives you 90 days rent free --
Mr. M*erilus: OK.
Commissioner Sanchez: For you to set up, and then --
99 Sepicmber 25, 2001
• 0
Mr. Merilus: After that, we can start --
Commissioner Winton: After that, you've got to pay.
Commissioner Sanchez: After that, you will pay like everybody else, sir.
Vice Chairman Gort: Right.
Mr. Merilus: That will be fine for us.
Vice Chairman Gort: OK.
Mr. Merilus: `1'hanlC you very 11111ch.
Vice Chairman Gout: There's a motion and a second. Any further discussion? lacing none, all
in favor state it by saying "aye,"
'file Commission (Collectively): Aye.
The following Illotion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 01-999
A MOTION GRAN'T'ING RFQUEST RECEIVED FROM MR. C'AMILLE M:RILUS,
EXECUTIVI DIRECTOR OF CAMILLE, AND SULFITE MERILUS FOUNDATION,
FOR WAIVER OP FEES FOR RENTAL OFFICE SPAC'h LOCATED Xl' THE
MANUhL ARTIME CIiN'TTR, 970 S.W. 151 STRH'ET, MIAMI, FLORIDA, FOR A
PERIOD OF 90 DAYS, TIIEll F..AFT] -'A, SAID CROUP SMALL BEGIN'ro PAY THE
REGULAR MONTHLY RENTAL RATL; OFS531.67 FOR SAID SPACE:.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYI-S: Vice Chairman Wiftedo Gort
Commissioner.loe Sanchez
Commissioner Arthur E. Teele, h.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT- Commissioner Tomas Regalado
Mr. Merilus, Thank you, Commissioners.
Vice Chairman Gort: '.Thank you.
100 September 25, 2001
01 0
19: GRANT REQUEST.RECEIVI;D,:13Y.REII-RESENTATTVE'OP CICAV EN FOR WA1VM
'.OF;F1?RIV11T F1ESONC.Y: IN CONNECTION 1�VIT�i ITS "`CAItNAVAL;:TNDEPEND,HNCIA
DE.CENTRO N7:RO AMERICA AND 'MEXICO 2001" EVENT, SCHEDTJLED FOR• SEPTEMBER
_30, 2001.
Commissioner Sanchez: Mr. Chairman, there's another personal appearance. Its a quick one.
It's Mr. 1-lercedro Cardin, President ol' Cicamcx, which is Carnaval Indepencia, de Centro
America and Mexico 2001. Ile has paid the lire and fee -- 1 mean, he has paid the hire and
Police. All that he's asking l'or is the waiver of the permit fees, which I am prepared to make a
motion.
Commissioner Tecle: Second the motion.
Vice Chairman Gout: It's a motion and second. Is there any further discussion? Being none, all
in question state it by saying "aye."
The Commission (Collectively): Aye,
The following motion was introduced by Commissioncr Sanchez, who moved its adoption:
MOTION NO. 01-1000
A MOTION GRANTINTG REQUEST RECEIVED BY REPRESENTATIVE OF
CICAMEX FOR WAIVER OF PERMIT FEES ONLY, IN CONNECTION
WITH ITS "CARNAVAL 1NDl3PFNDENC1A DE CENTRO AMERICA AND
MEXICO 2001" EVENT, SCIIL;DULED FOR. SEPTEMBER 30, 2001,
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioncr Joe Sanchez
Commissioner Arthur E, Teele, Jr,
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
101 September 25, 2001
20. COMMENTS BY ED `PIDE.RMANNI ON REC.hNT. BOOT DRIVE TO. COLLECT'
.MONEY TO AID'=FAM1LIESS Or:. FALLEN FIREFTGTITFRS ;IN NEW YORK, ,COLLECTED'
NEARLY' $250;000:
Vice Chairman Gort: : Also, 1 have Mr. Pidermann, that would like to address the Commission
fora minute.
Ed Pidermann: Ed Pidermann, President of Miami Association of Firefighters and I'll be very
quick. I know you -- all want to get to lunch. I don't know. Most of you probably realized over
the last weekend -- last Thursday, friday and Saturday we had City of Miami Firefighters
throughout the entire city. There were firefighters throughout the entire county. In tact,
throughout most of the state of Florida conducting a Boot drive, which is the collection of money.
Our drive was specifically to aid the families of the fallen firefighters in New York. And I just,
number one, wanted to report that the Miami firefighters reinforced why I am extremely proud to
not only call myself a firefighter but, more specifically, a Miami firefighter. They were out there
from the crack of dawn, until late into the evening, throughout the entire City. They collected, in
the boot drive alone, nearly two hundred and eighty thousand dollars ($280,000) to help the fire -
- the families of the firefighters in New York.
[APPLAUSE]
Commissioner Sanchez: And they hit me at every corner
Mr. Pidermann: And I want. to make a couple points. Number one is that that's not the end,
because we already had over thirty thousand dollars ($30,000), nearly forty thousand dollars
(540,000) already collected from citizens and our own firefighters that made out personal checks.
Our local -- 0111• union initiated the contribution. It was nearly a six thousand dollar ($6,000)
contribution from our union. So, we're expecting in the neighborhood of three, four hundred
thousand dollars ($400,000). And the important thing is that this is not like most charities. This
is a hundred percent. Right down to the last penny is going to be going to the intended
recipients. Any kind of administrative, you know, costs are being absorbed by our union and our
benevolent. Our benevolent is very instrumental. They put people out on the street. They're
helping to got this done. And our credit union is the funding mechanism, where all the money is
being deposited, So, I wanted to thank, number one, is the Department, Chief Bryson, has been -
- and the entire City administration has been one hundred percent behind this effort. Without
their help this, would not have been able to taken place, and the men and women of your Fire
Department, because without their eftbrt, it wouldn't have happened. And, obviously, more
importantly, the residents and visitors of this City, who are the ones who actually put the bills.
The bills, ten dollar($10) bills, twenty dollar ($20) bills, fifty, hundred dollar ($100) bills were
going in those boots, believe it or not. So, kudos to them, to the Department and the firefighters.
[APPLAUSE]
Vice Chairman (port: Good work. Good work. Thank you. Thank you.
102 September 25, 2001
"2 1!. CONSENT TO TERMS OF TWO PROPOSED SUBLEASES` BETWEEN MIAMFSPORTS
SND :EXHII3ITION AUThCORI:71'.: AND FLYING ,BOAT' INC:, r"C1�ALKS") FOR.
TERM1NAL..:. SPACE AND FOOD AN'D AEVEMAGE OPERATION IN .AIR
. TRANTSPORTATION. FACILITY 'AND REGIONAL VISITORS; . CENTER' `TO.. BE:
DEVELOPEDONI WATSON 1SLAND.
Vice Chairman Gort: Gentlemen, before you leave, there's one item that I think is not complex
at all, Which is the -- and we want to get this Watson island going, once and for all. i think we
have the lease for the Challis Airlines, and l understand We're all in agreement. And if you'd
like to -- I'd like to take it up for a minute.
Commissioner Winton: Do it,
Vice Chairman Gort: O.K. Yes, ma'am.
Laura l3illbery ('Director of Asset Management): Ten. Item 10. The item betbre you is pursuant
to -- back in August 1997, the City and MSEA (Miami Sports & Exposition Authority) entered
into ,in interlocal agreement for the purposes of developing a new Air Transportation Facility and
Regional Visitors Center. As part of that interlocal agreement, the subleases -- the terms of the
subleases need to be approved by the Commission. So, the item before you is to approve the
business terms of the subleases between MSEA and Chalks, as well as a Chalks affiliate, Bimini
Landing, for a food and court -- food and beverage sublease. A portion of the new aviation
facility does lie within an area that is currently occupied by Chalks. So, as part of the item is
also a settlement agreement, which the parties WOUICI enter into, that Would release each other
from any alleged claims related to title and possessory interests. And there --
Commissioner Winton: So, this settles the long-standing battle --
Vice Chairman Gort: Right.
Ms. i3illberry: 'That's correct.
Commissioner Winton: -- we've had with Chalks, once and for all. We get to keep the
seaplanes here in Miami. They're riot going to go somewhere else. That remains apart of our
culture and our atmosphere. And we have a good relationship with them moving forward, and
they're going to pay rent.
Ms, Biltberry: That's correct.
Vice Chairman Gort: Right. OK, Is there a motion?
Commissioner Winton: So moved.
Commissioner Sancho: So moved.
Commissioner Teele: Second.
103 September 2S, 2001
Alejandro Vilarello (City Attorney): This is consent to the sublease. The MSEA Board still has
to approve it.
Vice Chairman Gort: Right.
Commissioner Winton: Right.
Commissioner Sanchez: Understood.
Vice Chairman Gorr: Any discussion?
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: This has been very painful and very confusing, but I do want to
acknowledge or to commend the owner, that they've really, you know, been tempted to sort of
Lake his bat and ball and go ]ionic, so to speak, but ]ie stuck it out. And Chalks, 1 think, acids just
a unique dimension to the skyline, and the beauty and 1 would hope that the owner would
certainly be covered by this -- Regalado -- this horrible thing we did this morning. But Nve did
allow you three months -- 90 days of --
Vice Chairman Gort: Not rent-free.
Commissioner Teele: Not rent-free, but 90 days --
Commissioner Winton: Rent abatement.
Commissioner Tecle: Abatement fbr 90 days. So I _just want to bring that to ,your attention,
because I think --
Commissioner Winton: No, deferral. I'm sorry, Defcrrtil, del'erral, deferral.
Commissioner Tecle: Deferral. Deferral, not abatement. And I think you've been a great sport
about this, and 1 really hope that you'll continue to work with us.
Vice Chairman Gorl: OK.
Commissioner Winton: I don't think he paid his rcpt, yet, though.
Vice Chairman Gort: Ally fin•ther discussion? Being none, all in favor state it by saying "ayc."
The Commission (Collectively): Ayc.
104 September 25, 2001
The following resolution was introduced by Commissioner Sanchcz, who moved its adoption:
RE SOLI NO. 01-1001
A RESOLUTION OF THE MIAMI CI'T'Y COMMISSION CONSENTING TO
THE TEIWS OF TWO PROPOSED SUBLEASES BETWEEN THE MIAMI
SPORTS AND EXHIBITION AUTHORITY AND FLYING BOAT, INC.,
("CHALKS") FOIt TERMINAL SPACE AND WITH BIMINI LANDING, INC.,
AN AFFILIATE OF CHALKS, FOIL A FOOD AND BEVERAGE
OPERATION, IN THE AIR TRANSPORTATION FACILITY AND
1ZHIGIONAL VISITORS CENT E'l2 TO BE DEVELOPED ON WATSON
ISLAND, AND FURTIIER AUTHORIZING THE CITY MANAGER TO
EXECUTE A SETTLEMENT AGREEMENT WITI1 CHALKS, IN
SUBSTANTIALLY THE ATTACHED FOWN1, TO RI"sLI ASE ALL ALLEGED
CLAIMS AND RESOLVE AL I. MATTERS RELATING TO "TITLE AND
POSSESSORY RIGI-ITS ON A PORTION OF WATSON ISLAND, IN
SUBSTANTIALLY THE ATTACHED FORM.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Tecle, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifiedo Gort
Commissioner Joe Sanchez
Commissioner Arthur F. Tecle, Jr.
Commissioner .Johnny L. Winton
NAYS: None.
A13SENT: Commissioner Tomas Regalado
Vice Chairman Cort: Great presentation. Thank you.
Vicky Garcia -Toledo: And we want to thank the City Manager for his efforts. He's really been
a trooper, taking time out --
Commissioner Tecle: Your name again.
Ms. Garcia -Toledo: Vichy Garcia -Toledo, for the record.
Commissioner Winton: Where does this put the Visitors and Convention Bureau building now?
Well, we've got to get that cranked up before we lose all the money.
Dena Bianchino (Assistant City Manager): 'fllere's a huge funding shortfall that we're trying; to
find money for.
105 September 25, 2001
•
Vice Chainnan Gort-. Be hack at 2:30.
Unidentified Speaker: Two -thirty?
•
Commissioner Winson: Well, it seems to me that that needs to come before the Connnission,
before it's too late for its to deal with it.
i.Jnidentified speaker: lie back at 2:30"
Commissioner Tecle: 2:30.
;Vls. Bianchino: We will bring it to you. I'll bring it to you.
106 September 25, 2001
•
•
22 DEFER:' PROPOSED AUTIIOR17-ATION TO ALLOCATE 5900,000 GRANT, TO
KAPUSTIN CORPORATION; PROPOSED . AMENDMENT TO CITY CODE
ESTABLISHING PARI ING RATES! A1 �BO'AT TRAILER;PARKING LOT AT SEMINOLE:
BOAT RAMP;'' PRESENTATION 13)``OFFICE OF'- .ITY CLERK, CONCERNING -DIGITAL
I.IBRAIt.Y, I�I$C;tJSSJON CONCERNING MARINE STADIUM AND SURROUNDING;
AREAS; DISCUSSION .CON ERN.ING , MANAGEVIEN'I' OF TOWER' 'I'IIEATER; AND
DISCUSSION' CONCERNING CODE VIOLATIONS AT MODEL CITY; CHURCHES;
WITHDRAW DISCUSSION CONCERNING, REPORT "FROM DEPARTMENT OF
OF STREET PARKINTG.AND REPRESENTATIVES OF MIAMI DESIGN DisTRCCT 2001'.
SAMPLE SALE.
THEREUPON, THE CITY COMMISSION WENT INTO RFCF.SS AT 12:37 PM AND
RECONVENED AT 2:59 PM, W1114 A1.1_ MEMBERS OF THE CITY COMMISSION
f OUND TO 1314 I1R1 SI NT, EXCEPTCOMMISSIONER TEEI,E.
Vice Chairman Gort: City of Miami Commission meeting of September the 25`i'. ` c'rc going
to begin with Item number 2, as I was requested. Item 2.
Carlos Gimcncz. (City Manager): Mr. Chairman?
Vice Cimirman, Gort: Yes, sit-.
Mr. Gimenez: Before we Proceed, I'd like to defer some items to October I I
Vice Chairman Gort: OK.
Mr. Gimcncz: That will be Item 3A.
Vice Chairman Gort: Wait a minute. 3A,
Mr. Gimenez: Item 3, Item 22, Item 25, 26 and 27, and I'd also like to withdraw Item number
29.
Vice Chairman Gorl: Twenty-nine?
Mr. Gimenez: Yes, sir, So, deferred to the I1"' would be 3A, 8, 22, 25, 26, 27 and we'll
withdraw entirely number 29.
Vice Chairman Ciort OK. For your information, items have been withdrawn is Item 29, Items
that have been deferred is 3A, number 8, 22, 25, 26, 27.
107
September 25, 2001
• 0
23. AUTHORIZE AND PERMIT RESTRICTION OF., VEHICULAR AND, PEDES'T'RIAN
,'ACCESS AT ALLEY `.. LOCATED ...AT . NURTTi MIAMI AVENUE, 'BETWEET�'
•n � -cJt
INTERSECTIONS .0)i NORTHWEST I AND 20 STREETS, BECAUSE OF UNSAFE
CONDITIONS.
Vice Chairman Gort: Item 2.
John Jackson: OK. Good afternoon, Commissioners. John Jackson, Director of Public Works.
Item 2 is an item to restrict vehicular access and pedestrian access to an alleyway northwest --
North Miami Avenue, between 19"' Street and 20'}' Street. It's an unimproved alleyway, and
we're just restricting pedestrian and vehicular access.
Commissioner Winton: Mr. Jackson, 1 have a question for you.
Mr. Jackson: Yes, sir.
Commissioner Winton: Alleyway, alleyway, alleyway. It seems to me that once we do this, that
we maybe creating a blggel- probletll than we have now. Because once you put the fence tip, the
bad guys will when they decide they want to, will take the fenea down, or when they want to,
they're going; to jump the fence;. And you can still end up with a lot of mess hack behind the
fence. If we're interested -- and I couldn't figure out -- 1 don't think there was it map in here,
was there?
Unidentified speaker: There's a map in there.
Vice Chairman Gort: There's a map at the end.
CO117m1SSlonef WI11tOIt: Oh, yeah. Right, right, right. OK. I got it. Is there any way to abandon
this property, as you would abandon a street, and each adjoining property owner gets their pro
rata share of the abandonment, so that you end up with all of this property now in private hands?
it's not serving a public purpose right now. It has no public use. We're going to create an
environment where it's going to be a bigger policing; problem than it is now. 'It generates no ad
valorem taxes. it's going to generate lots of costs associated with managing it. So, if we give it
to the adjoining property owners, it becomes private property, they manage it, they lake care of
it, they pay taxes, and we don't have a management problem.
Mr. Jackson: )'call. And we need to go through the platting process, too.
Commissioner Winton: Through the who?
Mr. Jackson: Platting. They need to be replatted in order to give them to the adjacent property
owners. Filly cent -- 501wreent to each --
Vice Chairman Winton: To each back -- each one gets half from each lot.
Ivlr. Jackson: Someone would have to incur the costs of platting; the property.
108 September 25, 2001
Commissioner Winton: Someone what'? Well, I'm sure the property owners will be happy to do
that, because they're going to get some land out of the deal. How many property ownei;s abut
this alleyway?
Mr. Jackson: 1 don't have all exact number (INAUDIBLE). Perhaps, with the applicant is over
here, we call --
Commissioner Winton: The what?
Mr. Jackson: The applicant is here.
Alan Savitz: Alan Savitz., 1920 North Miami, Miami, Florida -- Miami Avenue. Nineteen
Twenty Norih Miami Avenue, Miami, Florida. There are two ways to go. One was to get it
abandoned, like you're talking; about. The other way was as a special statute that states that it
can be fenced off with the permission of the Fire Department, who approved it, the Police
Department, who approved it, the waste - Solid Waste Department, who approved it, the Public
Works Committee, who approved it, and by the City Commissioners approving it. This gives the
control over the alleyway, continued with the City, but all the expenses are borne by the adjacent
property owners. There are four adjacent property owners, all who have signed a petition in
favor of allowing; the alleyway to be fenced offit will make it safe for the people who are
working in the arca, for their customers, for their visitors. And, in fact, we already have a
permit, that we spent a lot of money putting up a fence around our parking lot, but then they said
that we could not get the final oil the permit because the grate closes on that City alleyway and
that the -- you know, going; through the process to get the approval. But, definitely, it reduced
cringe. We had cars broken into all the time. It was very embarrassing; for the City, for our
people, for the customers that came there. And, also, there were homeless people that would go
there and pull the trash out and strew it all around.
Commissioner Winton: I understand all those issues. 'That's precisely the reason why I'm
suggesting; that we take the full step, as opposed to half a step here, to resolve the problem.
Mr. Savitz In all due respect, why not -- let's get the approval on this today, and then we could
always go, in the future, on the second step. In the meantime, we will -- you sec, if we leave the
gate open, the City of Miami and Nvc are subject to lawsuits if there's any physical damage.
Commissioner Winton: Yeah. i don't have any problem doing; this in a phased process, but I
want it to be in a phased process. 1 don't want us to just leave here today creating Phase 1 and
forgetting about Phase Il., because this is only a Band-Aid solution to the problem. If this served
a real public purpose, I wouldn't be making this argument, but it serves none. In fact, it creates a
public nuisance. Putting; up the gate isn't going to solve the entire problem, because you know,
as well as 1 do, bad guys know how to get over grates. They know how to take gates clown. So, it
will help mitigate the problem for a short period of time, but it's not going; to solve the problem.
So, I think I would move to accept staffs recommendation here, with the proviso that staff move
forward with the property owners, to take the steps necessary to abandon this right away so that
it goes back - goes into the --
109 September 25, 2001
•, 0
\fir. Savitz: Pardon mc, Commissioner Winton. It has been proven that our gates that are
already up have reduced crime and have helped make it safe for people and persons, and people
living in the area. The problem is that when the gates are closed, which we have to do, we
cannot get the .final approval on this very expensive fence. that we put up. The City of miami
approved it, So, this is one area. Then we could go into the other area, bring it up with the
adjacent property owners, but I don't sec why one --
Commissioner Winton: I think that's what I just said.
Mr. Savitz: Yeah. But I don't think one has to be tied into the other. There are two separate
ways --
Commissioner Winton: Well, that's -- but I get to do the public policy setting, so I'm tying thein
together. l don't want this to be a half-baked approach to the problem. Tt will not solve the
problem long-term. It never has and it never will. And, so --
Mr. Savitz: i've been there for 35 years, sir, and the fences have decreased cringe.
Commissioner Winton: My motion is to accept the recommendation of staff here, to allow for
the fences to be set up, with the proviso that we move to step two, which is the ultimate
abandonment of that site, so that it goes back to the private sector, and becomes private property
and goes on tax rolls.
Commissioner Sanchez: Second 1br the putpose of discussion.
Vice Chairman Gort: There's a motion and there's a second. Discussion,
Commissioner Sanchez: Discussion. This is one of those, you know, "what's wrong with this
picture?" You know, when they created the alleyways years ago, it was basically to focus on,
you know, backyard pick up of trash. And not only in certain areas of our City do we have a lot
of areas that have a lot of alleyways. One of them is the Roads area. And I have been
approached by homeowners that have said, "Listen, it's become a burden to us because, right
now, the alleyways are open. They're not used. But the City, itself, requires me to go out there
and cut the grass beyond my fence, and maintain it." So, they have approached me, as a
Commissioner, and have said, "I'm willing to lake the property." In other words, exactly what
You're saying, ,Ialuilly, which is something that COUld be done. That way, you know, we: don't
use them -- I tend to agree with you. It is a way to drive in and steal your fruits or steal your
plants and steal whatever they are going to steal fi'om your backyard. So, if we could implement
a fair process, where we could look neighborhood by neighborhood, and look at these alleyways,
and go by and tell the person, you know, are you willing, to take over -- you know, divide it.
Let's say it's -- how big are those alleyways? They're about, what, 15 feet, 10 feet?
Mr..Iackson: About 20 to 25 feet wide.
110 September 25, 2001
Commissioner Sanchez: Twenty-five. Well, they could split one side and the could meet in the
middle, but the problem --
Unidentified Speaker: Twelve and a half, 12 and a half.
Commissioner Sanchez: Twelve and a ]half, 12 and a half. The thing is, they have individual
homeowners accept that property. But, in many cases, when you close those alleyways - and
don't know exactly how it's been done in certain areas, in nay district, where they're probably
going to plan to do it -- it basically has stopped the traffic of vehicles, walking traffic that often
leads to people walking through alleys and picking tip sonhething that doesn't belong to them.
So, I'm all for that, if you're willing to pass on that extra 12 feet to a property owner, and they're
willing to pay for (lie property, that's it revenue for the City. And, l for one, if i had an alleyway
and you were going to tell me, "Hey, you're going to have 12 more feet of backyard so illy kids
could play," I really don't mind paying for it. So, that's something that the City needs to
explore, but it's something that I'm glad you brought to our attention, because it continues to be
an ongoing problem. Because people have contacted -- and I'm sure you've been contacted, too
-- saying, "Hey, listen. I have -- I just got a call front the NET (NTeighborhood Enhancement
Teams) Office telling nae that they're going to fine nae, because I have to go cut my alley. Well,
that's not nay property. It belongs to the City." Believe it or not, the City used it. I'h City
designed it to use it as a service. Now, with picking up trash in front of people's houses, it's no
longer a necessity for tale City. But now, once again, you're asking the property taxers. So,
Johnny, I'm all for it, to not only start the process in your block, but to start the process in every
alleyway in the City of Miami to turn that property over to the homeowners, i f they want it. And
here's the problem. They may have a fence, and they're not going to tear down a fifteen
thousand dollar ($15,000) fence -- concrete fence to take the 12 feet. i3ut you never know if
they're going to do it. So, that's something that I will encourage the administration to seek and,
in that way, we may be able to generate more Funds 1br the City of Miaini.
Vice Chairman Gort: There's a motion --
Mr. Savitz: Can we get, though, the immediate relief?
Vice Chairman Govt: 'There's a motion and there's second.
Commissioner Regalado: Just a comment, Mr. Chairman,
Vice Chairman Gort: Discussion.
Commissioner Regalado: And, Joe, we're lucky that they go to you to complain, that they --
Commissioner Sanchez: I'm sure you get calls, too.
Commissioner Regalado: Oh, many. But I said that xve'rc lucky that they go to you to complain
and not hire an attorricy, because there is a state statute that says that, if the City or County does
not maintain in alley and people use it, it can be claimed, legally, as a property. i have the
statue, and Alex knows about it.
1 I 1 September 25, 2001
0
E
Vice Chairman Govt: Any further discussion? Being none, all in favor state it by saying "aye."
'['he Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 01-1002
A RES0I.,i1T1ON OF THE MIAMI CITY COMMISSION AlTTHORIZING
AND PERMITTING THE RESTRICTION OF VEHICULAR AND
PIEDESTMAN ACCESS AT THE AI ,'[ 'Y LOCATFD AT NORTH MIAMI
AVENUE, 13FTWEEN THE INTERSECTIONS OF NORTHWEST 19111 AND
20"' STREETS, iVIIAMI, FLORIDA, BECAUSE OF UNSAFE CONDITIONS,
SUBJECT TO CERTAIN COND[TIONS AS MORE PARTICULARLY SET
FORTH HEREIN.
{Here fol lows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chainnan Wi1i•cdo Gort
Commissioner Tunas Regalado
Commissioner Joe Sanchez
Commissioner Arthur F. '['cele, .Ir.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: 'Thank you, sir.
Mr. Savitz: Thank you.
Vice Chairman Gort: Now, if you recall, we talked to the -- ahout six months ago, Nve talked to
the. NET (Neighborhood Enhancement Teams), and especially the police, because the police are
the ones that get most of the reports of any cr.inne being committed within those alleys. We're
supposed to he talking to the NET to identify those alleys that causing problems in certain
neighborhoods so we can ileal with.
112 September 25, 2001
24 T CONTINUE ' CONSIDERATION OF : PROPOSED -MENDMENT .TO C1'l Y CODE
EN'I'1TLED,;"STREET`S AND, S]DEWALKS/BASEBUILi71NGLINES/NON STANDARD.
iSTREET WIDTHS, 1'O REDUCE STREET AT FEDERAL.HIGHWAY, BETWEEN 'I-95.
AIRPORT EXPRI SSWAY AND \7OIZTIIEAST 39";t,;STREET FROM 70 TU`S;OYEET,
Vice Chairman Govt: Three -A -- item 3.
.John .Jackson (Director of Public Works): Commissioners, Item 3 is an amendment to Code
Section 54-19. It has to do with Federal Highway, 1-95 North to Northeast 39`x' Street. The
request is that the widths of the street being reduced from 70 feel back to 50 feet what it was
before it was expanded. We've looked at this request. There is -- we don't have a need to
improve Federal Highway to the 70 foot wide (INAUDIBLE). We don't have any plans for that,
and xvc, didn't think (INAUDIBLE) recommend it.
Vice Chairman Gort: So, you're asking fora reduction from the 50 -- from 70 to 50?
Mr..1ackson: From 70 to 50.
Vice Chairman Gort: OK.
Commissioner Sanchez: So moved.
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: Second, and question. This is -- John, you all have looked at. this from a
transportation standpoint. Has the Planning Department looked at this from a pedestrian
standpoint?
Mr..lackson: This is part of a total project --
Comilllssioner Wintotl: it's a what
Mr. Jackson: The applicant is (INAUDIBLE). This total project is part ora development, but
developing that each side of Fedcral1-liglnvay.
Commissioner Winton: Well, what I'm trying to understand is, if we grant that full reduction --
and i think we all know now, fi-om ail urban planning standpoint, that pedestrian traffic is really
crucial, particularly in areas like this, where you've got a real business district, where you want
people to be able to hark their car in some spot and walk front Point A to Point B to Point C to
Point .D. And, so, \a,hile we've looked at it from a transportation standpoint, I waist to make sure
we've looked at it from it pedestrian standpoint. Because walking -- getting pedestrians to walk
is a function of a number of things, including width of sidewalks. So, l want to make sure that
we've -- that Planning has looked al, this, so that we're comfortable that whatever step We take
here doesn't preclude its from it being able to create wider sidewalks along that corridor, at
whatever tinlefranle.. we have that opportunity. A five-foot wide sidewalk? Dive root wide is
r►othing.
113 September 25, 2001
0 •
Vice Chairman Gort: Put it on the record.
Ana Gelabert (Director of Planning & Zoning): Usually, on a sidewalk. On the street, live feet
would he too small, too narrow, to really create the pedestrian (INAUDIBLE).
Vice Chairman Gori: You need a minimum of 10.
Commissioner Winton: John, is there a crucial time deadline we're dealing with on this issue?
Mr. Jackson: 1 don't believe there is.
Commissioner Winton: So, could we -- do we do any damage by having you guys meet with
Planning Department and bringing this back to the next Commission meeting?
Mr. Jackson: No, i don't think so.
Commissioner Winton: Could we do that then'?
Mr, Jackson: Yes, sir.
Commissioner Winton: Do you mind, Commissioner Teele? Do you Imind?
Commissioner Tecle: No.
Commissioner Sanchez: OK. I withdraw the second.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Joel Maxwell (Deputy City Attorney): Is this to continue --
Commissioner Winton: Wait, wail, wait. We --
Mr. Maxwell: What's the motion now?
Vice Chairman Gort: 'L'hcre was a motion.
Commissioner Sanchez: 'There was a -- yeah, there was a --
Commissioner Winton: There was a motion. So we've got to withdraw the original motion.
Did I make the motion?
Commissioner Sanchez: No. You second it for the pmposc of discussion. Therefore, I will
withdraw the motion.
114 September 25, 2001
Commissioner Winton: And I approve the withdrawal.
Vice Chairman Gort: OK. The motion has been withdrawn.
Commissioner Winton: And now we need a motion to continue.
Mr. Maxwell: Yes, sir. 'ro the neat Commission meeting would be -- what date do you want,
the 11'"?
Commissioner Winton: What date would you like, .1olhn?
Ms. Gelabert: You have it for the next Commission meeting, because Jolm Jackson is explaining
10 me that this is part of a development project.
Commissioner Winton: Right.
Ms. C;elabert: So, this could be something that we could resolve (INAUDIBLE)
Mr. Maxwell: So, the 10'.
Commissioner Winton: OK. So, that's fine. Continue to the 1.1'x'
Commissioner Sanchez: Second.
Commissioner Winton: And one last thing in that regard, Mr. Manager. In some way or
another, we need to be able to flag these kinds of things, so that we have that kind of
interdepartmental discipline that's looking at issues like this, you know. Because John's clone
his job, and done it well but there's always -- you know, there's another piece to this, and not
everything needs to go from Public Works to Planning, but there's an awful lot of connectivity
between what Public --
Vice Chaimian Gort: Sure.
Commissioner Winton: -- Public Works does and Planning. And some way or smother, we need
to figure out how we create that linkage before it gets here, and they can work those details out.
Carlos Gimenez (City Manager): Commissioners, we have -- we go through these agondas twice
before they get to ,you. All department directors are there. So, if there's any input from any
department, they need to speak up at that tune.
Commissioner Winton: Enough said. 'Thank you.
Vice Chairman Gort: Maybe they stepped out at that time.
Commissioner Winton: Thank you. OK.
115 September 25, 2,001
Vice Chairman Gort: OK. We have to move all the way tip to personal appearance.
Commissioner Winton: Did we vote? We didn't vote.
Vice Chairman Gort: Oh, we didn't vote on it?
Commissioner Winton: No.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Ave.
The following motion was introduced by Commissioner Winton, who moved its adoption:
MOTION NO. 01-1003
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM 3
(PROPOSED AMENDMENT TO CHAPTER 54/ARTICLE V/SECTION 54-190
OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, ENTITLED
"STRFHTS AND SIDEWALKS/BASE BUILDING LINES/NON STANDARD
STREET WIDTHS, TO REDUCE THE STREET AT FEDERAL I-I[GHWAY,
BETWEEN 1-95 AIRPORT EXPRESSWAY AND NORTHEAST 39""' STREET
FROM 70 TO 50 FEET) TO THE CITY COMMISSION METING PRESENTLY
SCHEDULED FOR OCTOBER 11, 2001.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Aithur I. Teelc, .Ir.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
116 September 25, 2001
25. PRESENTATION'OF BE.DMINSTER PROPOSED PROJECT; EXECUTIVE SESSION,
,TO BE CALLED IN CONNECTION, WI.T'H-l3EDMINS'fER LITIGATION,; AT BEGINNING,
OF NEXT COMMISSION MEETING, ;.
Vice Chairman Gorr: OK. My understanding, Commissioner Sanchez, you had an itenl you
wanted to be heard?
Joel Maxwell (Deputy City Attorney): What about 3A?
Commissioner Sanchez: Yes. Mr. Chairman, i believe that the parties have to bet on a plane
soon to head back, and that is the Bedminster project, which the City is going to do a
presentation.
Commissioner Winton: Which item?
Vice Chairman Gori: Which item is that?
Commissioner Sanchez: Item 24.
Javier Carbonell (.Assistant Director, Building): Good evening. Javier Carbonell iiom the
Building Department, Assistant Director. I'm here to present the item for Bedminster.
Basically, what you have in front of you. is a paper detailing the present status Of oUr negotiation
with Bedminster, in order to arrive at a settlement of a lawsuit that is pending. These are the
Points that are Hilder consideration right now, and basically they're in Cront. of you for
consideration, input, to our proceeding any other objections or (INAUDIBLE) suggestions.
Carlos Gimencz (City Manager): Commissioners, if I may. The salient points to this proposal
are as .lavier says. phis is an ongoing mediation of trying to settle a lawsuit that we have had for,
you know, a couple of years. And Bedminster and the City had been working together, l guess,
for about a good sic months or so trying to negotiate a settlement to this. The original
Bedminster contract called for a composting facility and as we were going through the
negotiations, we felt, both -- I believe Bedminster mid the City felt that the composting is not the
way to go ill the future; that the way to go in the future, actually, would be a waste -to -energy
facility, where all of our waste would be taken to a facility. There will be no need to do separate
collections. Theretbre, there would be some cost savings in terms of the recyclables. They
would actually be the -- you would take the waste. They would do the recycling at the facility.
1'he waste would then be converted into energy, and we fee] that there is a large potential for
sonic significant savings to the City, til the long terns, over the tipping fees that we have with the
County. The sheet that you have in front of you is -- gives you a number of points. And what
we're asking, you know, i'or its to do it is, if you could, discuss these items and give the
administration it direetion of whether you are interested ill pursuing this. If you're not interested
in pursuing this, then our option is to continue with the litigation. The party, l3edminster, is
willing to go forward. There would be no guarantees if a go forward from the Commission is
given here at this time. We will continue to negotiate, and conic back with a much detailed
proposal Irom Bedminster and much more -- the numbers would be a. lot more detailed, and
worked out, and certain levels of guarantees would be in place before WC Would cotyle hack. Al
117 September 25, 2001
any point in time during; the process, either Bedminster or the City could walk away and then
Continue with the litigation. If I could go through these points, you know, one by one, and if
there's any questions, I'll be happy to address them. Number one is that this would be a Waste -
to -Energy facility. It would be financed and owned by the City and operated by Bedminster. It
would facilitate or it would be able to accommodate up to two hundred thousand tons of
municipal solid waste, and it would produce 12 to 15 mega watts, annually. We understand that
whatever power is generated by (lie City has to be bought by Florida Power & Light. So that
would be a significant revenue stream, you know, coming hack into the facility. The facility
could be sited either one, on Virginia Key, al the composting facility that we have currently
there, or on another City property. And the reason that we wanted to do that. While the original
Bedminster contract called for them to have their facility in Medley, operationally, it causes its
sonic problems to go take all our garbage trucks out to Medley. The only other way that that
would work is that we would have to find a place where we would dump our -- basically, take
our garbage to here, and somewhere close to the City, and then it would transport the facility -- a
transfer point, for lack: of a better word, to the Bedminster facility in Medley. Operationally, it
just doesn't make sense for its to do that. Bcdminstcr would act as a project property manager
and C011S1ruCtion manager. And they would act as a facility manager, on a 20 -year term, with
options to renew. The timelines for this would be an amendment agreement, to be signed on
January of 2002, permitting by September, construction commencing in October, and the start of
the facility some time in the latter part of 2004, or early part of 2005. There would be a waste
stream guarantee, but the City would provide all the municipal solid waste, picked up by City -
owned trucks. Bedminster will make up any shortfall, (TNALJDiBLC) two hundred thousand
tons, per year, that they need to run the facility. The City is not required to sort the municipal
solid waste, which mcans that we will no longer have to do separate pick: ups for the regular
garbage and the recyclabies, as we do now. So, there is it cost savings there. Tile tipping fee will
be guaranteed. It will be five percent less than the blended County rate that we pay right now.
There is a construction management fee that has to be worked out. The facility management fee
would be equal to five percent of the tipping fee reduction. So, in essence, we'd be paying the
same County rate, but. we would be saving money, because we don't have to do recycling. Also,
at the end, there's another way for us to make additional funds or money. Performance
Incentive. That means that there is a budget that is agreed to by the City and Bedminster on each
fiscal year. If, in the event that Bedminster exceeds 75 percent of their budget profit for a given
year, Bedminster would be eligible for a performance incentive payment. Between 75 and 100
percent of the budget profit, Bedminster will get one third of the amount, of excess of 75 percent.
In the event that the profits exceed one hundred percent, then Bedminster will share the profits
50/50 with Bedminster and the City. So, you has the right to review and approve the budget on
an annual basis. As I stated before, the City has the right to enter the facility, at any reasonable
time, to inspect it. The City will be reimbursed for tolls, should there be any, to enter the facility,
wherever it's built.. We are liable for any losses. Bedminister will provide full insurance for the
facility. Bedminster will be responsible for nuisance control, whatever they are, to meet specs.
The facility is to set aside three percent of the annual gross Por maintenance and upkeep.
Begiming with the commencement of operations of the facility Bedminster would pay an
amount of over 20 years for certain expenses. Those are expenses that are it part of the --
Mr. Carbonell: Those are expenses that have been incurred by them until now which we still
have to discuss how much they arc/
Hs s September 25, 2001
C�
J
Mr. Gimenez: Right.
Mr. Carbonell: Because we have no agreement, yet. Those are expenses they've had up to now
with certain things they've expended in (lie process of securing (INAUDIBLE) things like that.
We have not agreed on any numbers yet.
Mr. Gimcncz: There will be performance guarantees. Each immufacturer, in his process, will
have to guarantee the performance of their equipment. A lawsuit will be dismissed, with
prejudice, upon signing the amended agreement. There is a non compete clause, that Bedminster
will not construct any similar processing plant south of north Palm Beach County line. In the
event of any litigation, as a result of us cntcring into the agreement, the City will choose counsel.
The litigation costs will be split 50/50 between the City and Bedminster. And the agreement is
to be signed to Bedminster's parent, which is Phoenix Waste Management Corporation. In the
event of a default, the City will be assigned (lie agreement. We have representatives From
Bedminster here that can answer any of your questions and, you know, I'tn awaiting your input.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gori: Yes, sit-
Commissioner
ir
Commissioner Regalado: Mr. Manager, I would have to follow the City Attorney on some of the
issues, but 1 will tell you something. The way of the future is waste -to -energy. And we spend
like three million dollars ($3,000,000) it year in electricity for City facilities, and, yet, we try to
save money by switching off some of the facilities and park during the night. if we use about
three kilowatts?
Mr. Gimenez: Three megawatts it year.
Commissioner Regalado: Three megawatts, I'm sorry. Three megawatts a month.
Mr. Gimenc:z: Three megawatts. I don't know if it's a year, a month, a day. 1 don't know. T
,dean, I'm not an engineer.
Commissioner Regalado: No, no. Anyway, what I'm saying is that what is printed here, it will
cover the electricity that all City facilities use plus we could either use, or sell electricity. So, in
itself, it's a savings. Later on, 1 was trying, while we tried to do something in terms of the
resolution, thanking FDOT (Florida Department of Transportation) because -- and it has to do
with this -- because Mr. Abreu, the area Director, has found money. And he -- during the Coral
Way Reconstruction Project, he will install all the wiring necessary to light all the trees in Coral
Way. We will have to provide the lights and electricity. So; what I'm saying is, this could be
something that we could use. f don't know about the other things, but 1 will telt you, if there is a
place that this plant should be built, it's got to be next to the other plant in Virginia Key. It
seems logical.
119 September 25, 2001
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Mr. Gimcnc : We would actually be using -- instead of the composting facility we have oil
Virginia Key, that would turn into this facility.
Commissioner Regalado: OK. That's all 1 have to say.
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Yes,
Conlnlissioner Sanchez: 1 was the Commissioner that my colleagues asked to sit in in these.
process, and although I was not able to attend all the meetings, l did either attended most ofthenl
Ur SO1nC I \i�aS In 1)Jlo11e CO11ferCllCing. And let nlc.jllsl tell you that it .was the whole process of --
creating in MOU, a Memorandum of Understanding. Of course, you know that this is a
mediation, and we are in the process of either sitting down and finding a solution to continue to
explore. Basically, terminate and proceed with litigation. But let me tell you something. This is
a very complicated process, in its way. i mean, I don't think most of us up here know what
waste energy, and compost and all Ihat is, and I've done sonic research. 'There are a lot of things
that I have looked at, and would like to inforill you of sonie of.'the concerns that I bring to light.
Although, I believe that tale concept of the future is waste -to -energy and I believe, for the
environment it is in the best interest for the cnvironinent not to have any more landfills, but to
have waste turned into energy. We have to look at what's the savings to the City. If it's going to
bring revenues for the City, it's going to reduce not only the tipping fee, but maybe also the
transfer fee, if that's also applicable to it. We're not -- but I find sonic legal aspect of it that
needs to be very clear on this, because i don't want to end up alleviating one litigation and
ending up in a couple other litigations. So, one of the concerns that I have is, being that there is a
deviation, I think that we need to put everything on the table here. There is a deviation from the
original RFP (Request for Proposals). My concern is that our other party is going to file a
lawsuit against the City. Of' course, you can't stop anybody front filing lawsuits and, in this
agreement, at least what i have read, is that we're willing to sit down and split the costs 50I50.
But there are other things that we basically need to take a look at. Virginia Key, as we speak,
has been involved in so much litigation. When the Co1.111ty sued, when they wanted to do a
composting out there, which Nve're not doing colllposling now, but the County has expressed
that, you know, there's a concern. Fisher Island also has expressed, and they will appeal and sue,
like they've done in the past. So, that's something that we need to look it. Two things that i
loot: at, if we look at this plan, One is the financing, which the City will have to pay. Now, I
don't mind financing. In a long-term, husilless wise, it makes business sense to (lie City. The
other one is that the City will have to put the properly, and you've got to be very, very careful
where you select to put this property because you will have opposition. As it is, you will have
opposition. There'll always be opposition, because there are always two sides to every
mountain. But one of the questions that I have is, has any one of our City staff, who has
participated in this process, have they gone out to visit a waste -to -energy plant`?
Mr. Carbonell: Clarence has them. Clarence Patterson has --
Nlr. Gimenez: Yes, there are waste -to -energy plants in the area. Actually, in Broward County
and Bade County property, there are waste -to -energy plants, and they Have visited some of these
120 September 25, 2001
plants. But that's somewhat older technology. The plant that we are discussing is newer
tcehnology, much cleaner combustion and gasification, and what I'm told is that the air quality
that comes out of this process is as good as, if not better than, the air you're breathing right now.
Commissioner Sanchez: In the whole process, itself -- and I've made it very clear to both sides,
when r ,vas sitting down in this process. Bedminster has a site in Medley. Of course, I thought
that, you know, by using their site, we would be able to save, not only funds, but also a site. But,
apparently, you know, the argument that I think is valid is that it's better to do it in the City
because it just doesn't make sense -- it doesn't make business sense to hold it out there But one
of the things that 1 believe that was asked Isere not long ago to :Mr. Patterson was that we directed
the Solid Waste Director to conduct a nationwide study of municipalities, and we asked him to
pick a couple of major cities, like Atlanta, Boston, San Francisco, that we could compare what
was the rate of the tipping fee and transfer fee to be able to look at the significant savings. Now,
getting back to the tipping fee here, let me just tell you that I think that, if we decide here to
continue to explore, I think that the tipping fee should be negotiated, and I think itshould be a
little higher, but I'm sure that could be negotiated in its process.
Commissioner Teele: Say that again.
Commissioner Sancho: The tipping fee, that we get five percent of the tipping fee reduction. I
think there should be more, more significant savings for the City.
Mr. Gimenez: A higher percentage reduction.
Commissioner Sancho: A higher percentage reduction, yeah, than five percent. Would be eight
percent. I'm sorry. The tipping fee -- but here's another thing. They're talking about buying
waste. I nlay see us being successfiil buying waste from the private haulers, but I don't foresee
the County selling you any waste, and that's a concern that I have. You know, we need to move
cautiously. We need to study all the issues here. We maybe need to not hurry, and 1 know that
time -- and every issue that conies in fi•ont of us, time is an issue to somebody. And at the end of
the day, the City of Miami gets, you know, at the ending side of the stick. So, you know, being
that I have been the one sitting clown, and my responsibilities is to advise the Commission, 1
think that we need to move very cautiously on this. I think that the -- both sides have been
working in good faith. We have made significant improvements in the negotiations. But, you
know, I think that the administration basically needs to take its time on this and not go through.
One other thing, composting, that they talked about. Of course, taking that out alleviated a lot of"
concerns because, once again, I don't see you doing composting inside the City. It's just -- no
matter how much you control -- and I have never visited a plant, but I've done some research on
the Internet -- there is still it significant -- there's odor. INTO matter how well you conceal the
odor, there's going to be odor in the areas. 1 mean, once you walk outside the plant, there's a
little bit of odor. So, those are the things that we need to look at. But at the end of the day, once
again, it boils down to how much is the City going to bring in in revenue or how much is it going
to lose:' And if' there's guarantees here that could be better worked out and negotiated, I am
prepared today to make the motion to continue to explore this, and have the administration collie
back with it better recommendation or a more -- because, apparently, the administration here is
121 September 25, 2001
not -- 1 don't get the sense that we're willing to move on with it so fast. I mean, you want to take
your time through the; process and make sure that it's done right.
Mr. Gimencz: Commissioner, what we want to do is make sure that -- and I think both sides
want to do it -- is that we do want our due diligence. 1 think -- you know, I may be speaking out
of turn for Bedminster. What they want to see is, is there some type of commitment from this
body to go forward with the concept? Because they're going to have to spend sonic dollars, in
terms of engineering and studies, et cetera, and they want to make sure that they do that knowing
that there is a good chance of success at the end.
Commissioner Sanchez: I)o we have a certain time to pull out, if we decide to go ahead with it?
Is there a period that we could pull out?
Mr. Carbonell: We could always pull out, until we sign the amended agreement. That's an
agreement both of us -- either party could pull out.
Commissioner Sanchez: Until you sign, OK. Just as a safeguard. Either side?
Vice Chairman Gort: Let ine ask a question. Who came up with the idea of these new facilities?
Did they come up with the idea or you all dict come up with it?
Mr. Gimencz: The waste -to -energy?
Vice Chairman Gort: Waste -to -energy.
Mr. Gimenez: Well, it really came out -- actually, there's the guy right there that thought we
should probably go to waste-to-cnergy, and after lie spoke to me, i thought he was right. The
original concept that we started talking about was some kind of a composting facility with a
waste -to -energy component. And the more we looked at it, it seemed to me and to tis that it just
makes scrise to do the whole thing waste-to-cnergy, because here -- the problems with
composting, there's a couple of'problenis. Number one --
Vice Chair7mn Gort: No, no. 1 understand all that. But what 1 want to know is how much of an
expertise they have in waste -to -energy, and that they've done it before, or they have plants in
other place where they have the same type of plant, or (.his is something new that Miami's going
to get -- the City's going to get into with them in an experimcnt? That's SOn1e Of the ClUCAMS
that we're going to conte back, and I'm sure of the others. Now, I have a series of questions that
I want to ask, and I'm sure some of the other Commissioners Would like to ask sonic questions.
I'll reserve mine until the end. Maybe they'll get answered by the time I --
Mr. Giniene: Commissioner, if I could.
Vice Chairman Gort: Cornmissioner Winton,
Mr, Gimenez: Waste -to -energy is 'lot new, ']'here are waste -to -energy plants.
122 September 25, 2001
Vice Chairman Gort: No. 1 understand.
Mr. Ginienez: There is new technologies out that make it a much, much better process, much
cleaner process. You Would have less coining out on the other side, less waste coming out on the
other side, and much cleaner, you know, gasification of the products. That's the kind of
technology that we're looking at versus some of the older technology that was built about 10, 5
years ago.
Vice Chairman Gort: I'm all In agrecment With it, and I'm going to vote for it, but I'm going to
need a lot more information before I could vote on something like this.
Mr. Gimenez: Agree. And so do we.
Vice Chairman Gort: OK. And I want to know, do you have the same questions they had. How
much are we deviating from the original team that was (INAUDIBLE) there, the component of
the teams. llow mach are we deviating from the RFP that went out? Because I don't want it --
fixed one and then come back with live different suits, OIC? Commissioner Winton.
Commissioner Winton: No. I was just -- 1 was still waiting on the answer to the question about
the experience level that Bedminster has in waste -to -energy plant management.
Mr. Carbonell: Well, i believe they'd better answer that themselves. But they've hired the
people that are experts in the industry. If they would like to come up and answer that question.
Richard Franks: My name is Richard Franks. 1 ani the Vice President of Phoenix Waste
Services, and I'm also an officer of Bedminster. Commissioner, in answer to your question,
Phoenix Waste Services, nor Bedminster, has ever built a waste -to -energy plant. We have
considerable experience among the management of the company, insofar as construction of
industrial plants is concerned. What we have done -- what we are attempting to do at the
moment is to bring together a team of professionals who have expertise in this area, as well as a
design group that has expertise in designing these types of plants. In order to put together an
entire project delivery package together that we can present to City staff' and have them look at
it, and shoot holes in it and discuss it, as we've been doing Por the last six months during the
discussions that we've had.
Vice Chairman Gort: OIC. Any other questions?
Commissionerl'eele: Mr. Chairman.
Vice Chairman Gort: Commissioner Teele.
Commissioner Tecle: Would you state your name again for the record, sir?
Mr. )~ranks: I'm sorry. My name is Richard Franks. Fin the Vice President of Project
Development for Phoenix Waste Services Corporation.
123 September 25, 2001
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Commissioner Tccle: Where are you located?
Mr. Franks: We're out in Newark, New .lersey.
•
Color isslonel- Teele: Are you the gentleman that has to catch the flight?
Mr. Franks: ']'here arc two others that do this evening. We have plenty of t.inlc right now. Go
alicad,
Commissioner Teele: Mr. Franks, I think it speaks volumes that we're jumping the agenda to get
to you all, ahead of a lot of other people that have been here all day, as well. And while eve
always want to be courteous to guests from out of town, if you plan to build this facility here in
town, I think you all ought to change ,your status a little bit, and have a seat and -- you know,
candidly, I'd like to see ,you miss Your (light and spend another night in a hotel here, given our
financial situation. So, I don't mean to be discourteous, but I really do think that if we're going
to be partners or if we're going to go down this, we've got to think about the relationship as a
Ions -terns relationship, and you guys can't jList jet in and jet out and do that. Has our staff done a
due diligence of your company? What information -- I don't have any information on your
company here. Maybe it was submitted. I don't know. Maybe my staff has screwed this tip.
,lush tell im a little bit about Phoenix, and why -- who you are and where you are in the -- are you
a public company, a private company?
Mr. Franks: Yes. Phoenix is a public company that is a successor to a company that was the
parent company of Bedminster Seacor. I believe the full ]lame is Bedminster Seacor/Miami
Services Corporation. Phoenix stands before you today with an entirely new management, a
totally new group of people than were. present when this program was originally undertaken
back, l believe, in the mid `90s. We, basically, inherited this situation, and we've had the good
fortune of entering into discussions with the City Administration, who could not have been more
Commissioner Tcele: Tell me a little bit more about your company.
Mr. Franks: Sure.
Commissioner Tcelc: You all are publicly traded?
Mr. Franks: We are publicly traded, that's correct.
Commissioner Teele: Under what symbol and What -- ?
Mr. Franks: PWSC. I'm sorry, PXWS (Phoenix Waste Services).
Cornmisslonei- Tecle: New York or --
Mr. Franks: NASDAQ (National Association of Securities Dealers Automated Quotation),
124 September 25, 2001
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Commissioner Teele: NASDAQ. What is your the worth of your company?
Mr. Franks: I'm sorry, 1 can't tell you that. The financial information is available. l don't have
it with tile.
Commissioner Teele: What's the gross sales of your contpany?
Mr. Pranks: The gross sales right now are in excess of six million dollars ($6,000,000). Within
another morlill, we will be acquiring in additional asset that will boost those sales between -- up
to between 60 and 70 million, arulually.
Commissioner Tecle: )'our gross sales now is about --
lAr. Franks: They're in excess of six million dollars ($6,000,000), annually.
Commissioner Teel c: May i inquire of the Manager? Why has this Commission not been given
just the rudimentary, basic information about who we're dealing with? And have you all
conducted any land of duc diligence regarding the company and the principles, the officers and --
Mr•. Gimcnez: No, sir, Up to this point, we have not. '['his is part of a litigalion mediation
process.
Commissioner Teele: I understand that. But don't you think we ought to know who we're doing
business with`? Didn't ,you all go all the way to Turkey and hire CPAs (Certified Public
Accountants) to --
Mr. Gimcnez: Belbre Nve --
Commissioner Teele: I realized they hadn't contributed a lot of money to anybody, but there
was, it seems to me, like an unusual due diligence on a mere applicant for Watson Island.
Mr. Gimenec: Before we enter into any kind of contract or anything be brought back to this
Commission, there would be due diligence oil this company and its principal, sir.
Commissioner Tecle: Mr. Manager, you obviously don't understand what we're dealing with
here, then. We're in Business with them now. You all did acquire Bedminster, right?
Mr. Franks: Actually, Compost America owns -- yeah, they acquired --
Commissioner Teele: Yeah, we're in business with you now. You're our -- you know, we're in
business with YOU. SO, now, in the case of l}le 'Turks, we don't have a contract with thorn, but
we've; turned over every rock. I'd like to just know that we have one set of rules in this city.
And no matter who the Mayor is, or the Commission is, or the Commissioners, that we're doing
the same thing for everybody. Now, I know nothing about this fine company. I'M sure they're
125 September 25, 2001
outstanding. 1 may even go buy some stock in the company, if it doesn't preclude me from not
being able to vote, which it probably would, since you told me you're going to buy a sixty
million dollar ($60,000,000) company here in the next few hours. But it just seems to me that
we know who we're in business with. Lct me tell you what my concern is about this agreement.
Number otic, we talk about the assignment to the Bedminster parent company and, in the event
of a default, the default being Phoenix Waste Management's default, it would come to -- the
assigtunent would come to the City?
Mr. Franks: Yes, sir.
Chairman Tecle: Mr. Attorney, did you draA this agreement? Is this something you all drafted?
What has been the legal involvement in this document?
Alejandro Vilarello (City Attoniey): This entire process is being conducted in a mandatory
Mediation between the parties. Actually, t should say it's a voluntary mediation between the
parties --
Commissioner Tecle: There's a --
Mr, Vilarello: -- arising out of the litigation that is currently ongoing --
Commissioner Sanchez: It's a voluntary mediation.
Mr. Vilarello: -- between the parties.
Commissioner Teele: Mr. Attorney, t'm going to ask you one more time, because 1 don't think
you should do what you're trying to do now. This document is before us, right.?
Mr. Vilarello: Tile Manager has prepared -- I don't know who's prepared this document.
Commissioner Teele: 1—have you -- are you prepared to offer ,in opinion and render professional,
legal advice on this document, this two-page document, that is entitled "Bedminster Project --
Preliminary Flements of Amended Agreement?"
Mr. Vilarello: No. As I understand, the Manager is bringing this --
Commissioner Teele: Then witty would you ask us to review something that you've not even
reviewed yet? I mean, you're supposed to be advising, us,
Mr. Vilarello: As I understand -- well, perhaps, the Manager should cxplaln what. -- why he's
brought this before you today, because --
Comtnissioner Tcele: But ,,vliether the .Man --
Mr. Vilarello: ']'here's no --
126 September 25, 2001
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Commissioner Tecle: Look, you work for this Commission. You and the Clerk arc the only two
people that are here to protect. its. The Managcr works for the Mayor and the Commission. You
work directly for its. The Mayor -- the Manager has nothing to do with your job, sir. You're
here to protect Lis. And I'in asking you, have you -- before I make a fool of myself, will you
protect me? Have you reviewed this agreement?
Mr. Vilarello: This isn't an agreement. These are, --
Commissioner- Teele: Have you reviewed this docutnent?
N,lr. Vilarello: I've: reviewed it today, as it was presented today, yes, sir. Commissioner, I can
iLIlSwer the short question.The tact of the matter is, it's being presented to this City Commission
for a discussion as to whether or not, conceptually, this is something you could go forward with.
We are in the middle of a mediation. There is no solution. There is no recommended agreement
being proposed to you. It is a change h'onl whip the original agreement with Bedminster was.
Commissioner Teele: Mr. Attorney, I am very, very, very concerned about the substance, the
tone, and the tenor and the substance of the discussion that we're having in (lie public,
particularly as it relates to other third parties, OK? 1 ani very concerned that this discussion is
extremely premature, perhaps, even counter-productive, not necessarily as it relates to the fine
folks from Phoenix. But, perhaps, if we're in a litigation mode, we should have had an
Executive Session on this, as it part of a settlement, and then give instructions -- to the Manager
come out and said simply that go forth or continue or something. But I'm going to tell you
something. 1 sat on the other side of the table. I know what Bedminster is. I saw the exception
C01110 through oil the County side, and .I'm telling you, you know, this discussion is going in a
way that l'nt not sure it's going to be productive to either Bedminster, Phoenix or its at this point
in time, If the question is simply, do we want to try to settle the Bedminster lawsuit, this thing
goes back -- must have -- the County must have approved this in '93 -- '92, '93 timeframe.
Ninety-three. And the Bedminster agreement must have come forth in '94, '95. When was
Bedminster approved by the City?
Mr. Gimenez: I believe -- it's been approved a couple tinier, and --
Commissioner Teele: The first time.
Commissioner Regalado: In '95.
Mr. Giinenez: In '93.
Conunissioner Tcele: And what Fin telling you is, I think, if everybody goes hack and reads the
original documents, we may be getting pretty far afield here. So, my concern is one, obviously,
we want to settle this. It doesn't do Bedminster any good or us any good to continue this legal
limbo that we're in. My concern is the default provisions is -- it seems to be very unfair to you
Lill, On the other han(i, I would he much more concerned about a reorganization, or something
like that, triggering a transfer. T mean, a technical default. The last thing I want is an agreement
that obligates us to take over something we don't want, And I was there for -- what was that
127 September 25, 2001
thing up there on the Dade County Line? What was that compost facility we had up there?
hredricka Wilson made her --
Claranee Patterson: Agripost.
Commissioner'l'eele: Agripost. I was around for Agripost. And nobody wanted Agripost at the
end of the day. Everybody was trying to run away from it. So, l don't want a provision
whereby, if you default, we've got to take it. That seems to me like something -- i mean, it
seems to me that we need to get the lawyers to look at this and massage this from the history that
the City has had, and the County has had and local governments have had. And I'm all for
settling this, but 1 think we've lot to be very careful that we settle this in the context of the ]low
control legislation, the exceptions to flow control, and all of the things that we have no control
over. And that's my concern.
Commissioner Winton: Comnnissioncr Tcele, I'm trying to figure out how to ask this question. I
was clear wlien the Manger gave his statement as to what he was asking of us, which was simply
sonic direction. Did we think that the direction he was heading in was a good one or not a good
one, is what i understood him to say. So, I was comfortable with that kind of question. Where
you've gone -- and that's whati want to make sure I'm Cleat' on. It sounds to me like what
you're saying is that, given the history of Bedminster in these kinds of situations in Miami -Dade
County over the course of the past 10 or 15 years or 20 years, it seems to me that you're saying
that beyond the issue of whether or not this is a good direction, I sense that .l'm hearing that
there's something else, maybe legal, or organization or something that you're questioning here.
And if that's the case, maybe there's two ways we get at this. One way is giving the Manager
our feedback in terms of whether or not, Bedminster aside, is this a direction that we're
comfortable with the management pursuing'? But the second part. may be that we do need to
have an executive session of the Commission to talk about the kind of details that I think that
you're saying ,you're worried about. Did I interpret what you said con•ectly or incorrectly?
Commissioner Tcelc: My concern is, l don't think we can give an inforlilcd instruction to the
Manager. I think all we're doing is just buying into something in a black hole that we don't
really know, if we don't have all the facts from what the original agreement is and what our
obligations are, what the constraints and the parameters of those obligations are, based on 1993.
And what I'm not interested in doing is getting into another litigation with other third parties,
based upon a decision we made here today, which could be a decision based without the benefit
of "A," counsel and "B," the facts. And I just think that we're being asked now to do something
we cannot legally -- something we cannot administratively do, with all due respect. And Pin
much more concerned about the fact that this has continued to go on. We want to send a signal
to these fine people that we want to Solve it but we want to solve it, so that we're not here now as
CO-COUnsel in another litigation against sonic other people, proposers, or other governmental
entities, that may say, "Well, you know, this is not what we gave you."
Commissioner Winton: So, 1. understand clearly what you're saying now. So, what -- is your
suggestion their that we take this up in executive session or in some other fibrin?
128 September 25, 2001
Commissioner Tcele: My suggestion is that we ask the lawyer, the City Attorney, to review this
agreement, and to review the history, and to give us an advice, either under an attorney/client
privilege or in an executive session, as to where we can go. Because what I'm interested in
doing is solving this, not betting into another lawsuit.
Mr. Vilarello: Mr. Chairman.
Vice Chairman Gort: See, mainly -- and I don't have any problem in going on. I think we
should continue, until we can put -- the number one point worries me: waste -to -energy facility
finance and owned by the City and operated by Bedminster. That's why I want to know the
expertise, what they've done before, what safeguards do we have? Because we're going to be
the owner of this thing.
Commissioner Teelc: See -- and that was my point. I don't want-- I mean, you know, he's got -
- he put his finger -- the Chairman put his finger right on one of the issues. But it seems to me
that everything is being pushed back, where we've got the liability -- the long-term, unknown
liability in this deal, and Bedminster's going to come in and do a management contract. Well,
that's the best of all worlds. They're going to get a managem0nt fee. That's what. this is all
getting down to. But even before I get to that., the question is, is that contemplated under our
agreement?
Asir. Vilarello: Commissioner, the hest way to address this is to have an executive session so we
can brief you on the legal issues, which have been conicrriplated and considered. This is not an
agreement before you. Ilowever, 1 understand the Commission's' concerns, and the best way to
address those legal issues would be in an executive session. If we can schedule that for the next -
- prior to the next Commission meeting, perhaps, we can address your concerns in executive
session.
Commissioner Sanchez: Prior to the Commission meeting, like we usually do in the morning?
Mr. Vilarello: Right.
Commissioner Sanchez: OK.
Mr. Vilarello: So, it would be my request that we attend to these issues in executive session, and
will notify it before the next Commission meeting.
Commissioner Winton: And we set 0110 up at the CRA (Community Redevelopment Agency)
Board meeting last night, so we don't want those to conflict. So, one will have to be at one and
the other one will have to he at another meeting. Because we agreed to one executive session at
8:30 in the morning, at a Commission coming.forward. I forget what that was. So we want to
make SUN we do this one on a different one, so we don't have to be here at 6:30 in the morning.
rvlr. Vilarello: [will notify for whatever d ty you wisli.
Commissioner Winton: Great.
129 September 25, 2001
Mr. Vilarello: We can do October 11`i' and, perhaps, before the end of this Commission meeting,
you can tell me when's a good date for the Commission.
Commissioner Winton: OK.
Commissioner Regalado: Don't we have a special meeting for the bonds, where some time --
Commissioner Tecle: On Wednesday, the 71".
Commissioner Winton: Four o'clock or 4:30.
Commissioner Tecle: But let's don't add anything onto that meeting.
Commissioner Winton: Yeah.
Commissioner Regalado: No. I mean, half an hour before.
Commissioner Winton: This won'tbe a half an hour discussion.
Commissioner Regalado: it won't?
Commissioner Winton: This is an hour and a half.
Commissioner Tecle: Mr. Chairman. 1 am very interested in seeing some type of setllcmcnt
moved forward, and I want to encourage the people fi-om Phoenix that, at least, I'm very much in
support, as one of the live Commissioners, in trying to figure out a way that this turns into a win-
win for Phoenix, as well as the City. You know, whether this approach is one that's legally
within the framework of where we are, 1 don't know. I need to know that. The other thing is,
I'm really concerned about Phoenix shifting the ownership, the responsibility to the City, and
then basically, taking a management agreement. Because if there are sonic environmental issues,
if there are some long-term issues, you know, 1'd much rather you alt own it, as far -- I'm just
giving my view - I'd much rather you all own it and then, at the end of the terns, you transfer it
to us fora dollar, than for LIS to own it and let you manage it. I mean -- so those are the kinds of
business issues that I'd like to look at, assuring we could go down this line. But I'm very
disturbed by the fact that we would own it, because l don't know what that entails, and 1 don't
know who the, you know, green eye shades or the tortoise glasses woman or man, who's the
environmental czar, who knows how to run one of these things, if you all decide to take a hike on
us. So, Prn really concerned, you know, about that provision, as well as several others. I do
think that in the case of a default, or bankruptcy or the financial inability -- and that's where
you're going to get in trouble. If one of the companies makes a big investment in Vancouver, or
in New Mexico, or something and got into financial trouble, then, you know, obviously the
resources to manage this facility are going to get drained, and I'd like to be sure that we can
protect ourselves on that. Those are the, kinds of business issues that I'm very concerned about.
But I want to be encouraging;, ask you to come here more and spend more time in our hotels. We
need the business.
130 September 25, 2001
Commissioner Sanchez_: So, when do we have the executive session?
Vice Chairman Goh: We've grot sonle great rooms and beautiful -- great food and --
Commissioner Teele: Great rates.
Commissioner Sanchez: When is the executive session scheduled?
Vice Chairman Gort: As soon as possible. The next lllecting is the I iii'.
COIllilliSSiOner WllltOtl: W11CII did WC SCIICCILIIe the CRA issue?
Commissioner Teele: We haven't.
Commissioner Winton: We didn't? We didn't (INAUDIBLE).
Mr. Vilarello: Lt was tentatively scheduled fbr October 11"', at 8:30, but I have not sent out the
notice yet.
Commissioner Teele: But why don't we --
Commissioner Winton: Oh. So we do CRA October 11`x', and this one at the next one.
Commissioner Teele: OI• vice versa, either one.
Commissioner Winton: I'm sorry?
Commissioner Teele: Or vice versa. Whichever is better --
Commissioner Winton: Yeah, ),call. Me, too. I don't care.
Commissioner Tcele: Whatever is better for business.
Commissioner Winton: Whichever is most important from you all's standpoint. So, I guess
we'll do an executive session at each of these, next two Commission meetings.
Commissioner Sanchez: All right.
Vice Chairman Gort: All right. OK. So, thank you, sir, and we'll continue to work with you.
Commissioner SEInchcz: Also, Mr. City Manager --
Vice Chairman GOrt: And, hopefully, we can create a great partnership. Yes, sir.
Commissioner Sanchez: You will do due diligence?
131 September 25, 2001
Mr. Gimenez: Yes, sir. Mr. Chairman, we'd also like to defer, Cor the 1 I`t', Item 23.
Vice Chairman Gort: I'm sorry?
Mr. Gimenez: Twenty-three,
Commissioner Regalado: I'm sorry. What number did he say, 20?
Mr, Gimencz: Twenty-t1u•ce.
Commissioner Regalado: Twenty-three?
132 September 25, 2001
26. MANAGER AND CITY; ATTORNEY -TO MOVE FORWARD ", WITI1 CODE
ENFORCEMENT'PROCEEDINGS BY ASKING-THAT SAID T?ROCEEDINGS.INVOLVING
;ILLEGAL ` BILLBOARDS BECOME ; PRIORIT.Y. ANTa ' MITIGA"TION ` OF :, CURRENT .
VTOLATTONS BE` TARGETED; BY'NEIGN.BORHOODS; DESIGNTATED CITY.'STAFF TO
WORK` WITH;CHAIRMAN OF CODE''ENFORCEMENT BOARDTO`SCHEDULE.BOARD.:
MEETINGS TO CONSIDER SAID BILLBOARD VIOLATION AT. CONVENIENT TIME
TO HAVE PARTICIPATION OF:FULL BOARD.
Vice Chairman Gort: Commissioner Teele., personal appearance by Hattie Willis, but I don't see
her here.
Commissioner Teele: She said something about b o'clock.
Vice Chairman Gort: OK.
C:onlnlissionei- Teele: We've got one lawyer that we're paying a lot of money. i think we ought
to take that item up, if we ----
Vice Chairman Gort: Which is that?
Alejandro Vilarello (City Attorney): What itern is it?
Vice Chairman Gort: What item is that?
Commissioner Tecle: Twenty-eight, Is Ms. Licko here? Oh, there she is. She's been having; to
pay eight hundred dollars ($800) an hour.
Mr. Vilarello: Mr. Chairman, perhaps, as we get ready for this item, Ms. Licko could advise the
Commission oil the results of the National Advertising motion for preliminary injunction.
Carol Licko: Yes, I'd be happy to give you a report on the iederal court case, which was
pending before Ridge King,
Vice Chairman Gorl: I'm sorry. And you are'?
Ms. Licko: My naille is Carol Licko from the law firm of Hogan and Hartson. We've been
retained as special counsel to represent the City of Miami in the federal litigation, which is styled
National Advertising Cornpany versus City of Miami. We were called in to defend you oil an
emergency preliminary injunction hearing, and when 1 went back to the office during the break,
Judge King has issued a ►riling. He has denied that emergency motion for an injunction, and has
also stayed the federal litigation until such tinge as the plaintiff has exhausted all of his
administrative and legal remedies provided by the signed code in Florida law. So, this action
will be stayed for a period of time now, pending any further enforcement proceedings by this
City.
133 September 25, 2001
• •
Commissioner• Winton: Well, those were the legal descriptions. Now, in real English, what just
happened?
Ms. Licko: What just happened was that National Advertising) sued the City and tried to
invalidate your entire sign code, claiming it was unconstitutional and the federal judge did not
buy it. He no( only denied the injunction, he entered a protective order, saying that there would
lie no depositions and has now stayed the action, allowing you to proceed with your enforcement
action.
C:oinmissloner Winton: That's good English. I like that.
Vice Chairman Gort: That's great. Good.
Commissioner Winton: Thank you very much.
Ms. Licko: You're welcome.
Commissioner Minion: Very clear.
Vice Chairman Gort: OK.. Any questions? My understanding is that we can now proceed.
Commissioner Winton: I think Commissioner Tecle wanted some chains and chain saws and
sonic other things out there not long ago?
Ms. Licko: Let me just clarify one thing Mr. Maxwell has asked rrie. This does not mean that
the federal litigation is over, by any means. It just means that they have to exhaust all their other
remedies before they come back to the federal.
Commissioner Winton: But the City of Miami can apply all of its rules and regulations, like we
do with everyone else?
Ms. Licko: Absolutely.
Commissioner Winton: So --
Vice Chairman Goi•t: Did yott see it Commissioner `I'oele, did you get a chance to see the two
now trucks we have outside'? Were they licre with -- I think that was the purpose of buying those
tracks, wasn't it'?
Carlos Glmene% (City Manager): They have those fora different purpose.
Commissioner Winton: Only after we've applied all of our appropriate remedies, and our code
allows us -- identifies the fact that they are illegal billboards, then we're allowed to take them
down; is that not Correct?
134 September 25, 2001
Joel Maxwell (.Deputy City Attorney): No, sir. What we're doing is we're going through the
process right now, and 1 think that's about all that should be said at this time, given our
experience on it. We're going through the process. They've been cited. One of the things that
came out of the last Commission meeting was that you asked for this item -- for the item
regarding billboard regulations, so forth, to be brought back to you on the 2Sih, and that you
would not proceed with enforcement for an additional three weeks. And what the Court has said
here is that there is no injury to National at this time, because their signs are still up. And until
the City completes the review process, meaning code enforcement process, and National exhaust
their administrative remedies and judicial remedies, it will not address the issue at this time.
Vice Chairman Gort• OK.
Commissioner Winton: Which means --
Vice Chairman Gort: My understanding is -- I'n1 sorry. The Code .Enforcement Board members
and the chairperson have talked to me and they're willing to meet as many times as necessary to
comply. Alid I think this Commission requested Froin you all that we expedite those hearings,
unless someone else has a different opinion.
Commissioner Winton: And, secondly, (lien, if we find -- if code enforcement finds that the
signs are illegal in the City of Miami, then the next step is what?
Vice Chairman Cort: Pine them.
Mr. Maxwell: They will be tined.
Commissioner Winton: Fined. And then the next step is what?
Mr. Maxwell: 011, that depends.
Commissioner Winton: Ultimately, you have to --
Mr. Maxwell: Either they pay the tine, or either the other side will go into court, will proceed
with their --
Commissioner Winton: Well -- but no, no, no, no. Our remedy is --
Mr. Maxwell: We could go to court.
Commissioner Winton: -- Eine thein, and then move to take their signs down,
Mr. Maxwcll: That's right.. We could go to court --
Commissioner Winton: If they want to sue us again, they have to sue us again.
Mr. Maxwell: We'd go into court for an injunction to remove the signs.
135 September 25, 2001
Commissioner Winton: That's their job. Our job is to move to apply all the remedies we have,
which includes tearing their danin signs down. it's up to them to Lo back into court, --
Mr. Maxwell: No, sir.
Commissioner Winton: -- not us to go ask them.
Mr. Maxwell: No, we're no asking them, Commissioner. What will happen after we go to code
enforcement, we fine them. If they don't remove the signs, one of our remedies, at that time,
will be to go back: into court and seek: an injunction -- that's right, state court -- seek an
injunction to have the signs removed. 'That's a man --
Commissioner Winton: is that what --
Mr. Maxwell: That's a mandatory injunction.
Commissioner Winton: Is that what the Judge ruled?
Mr. Maxwell: That's different --
Commissioner Winton: Do we have to go back into court? Did he rule that?
NIs. Licko: No, that's not part of the federal court decision, at all.
Mr. Maxwell: That's different action.
Ms. Licko: What Mr. Maxwell is referring to is a state court proceeding, which you would have
to do in order to remove the signs.
Commissioner Winton: OK. Like we would have to do if' we were tearing dowln a house or
anything else?
Ms. Licko: Absolutely.
Mr, Maxwell: Yes, Correct.
Commissioner Winton: Got it. OK. That's what 1 wanted to understand.
Mr. Maxwell: Yes.
Commissioner Winton: I thought you Were putting a new hurdle in here.
Mr, :Maxwc1l: No.
Commissioner Winton: OK. Thank you.
136 September 25, 2001
Mr. Glmenez: Commissioners, Mr. Chairman, the terms of the enforcement art -- and that was
delayed for three weeks -- originally, three weeks From the last Commission meeting. Now it's
three weeks from this Commission electing, as it result of this litigation. So, that's why the
enforcement action hasn't taken place, as of yet, because it was part o f this litigation.
Vice Chai nlan Gort: Right. I understand.
Mr. Maxwell: And you were apprised of that at your last Meeting.
Vice Chairman Gort: Right. We are certain -- now we have to go ahead. Any further
discussion?
Mr. Maxwell: Yes.
Vice Chairman Gort: ']'hank you, ma'am, Appreciate it.
Mr. Maxwell: Commissioner,
Vice Chairman Gorr: Yes.
Mr. Maxwell: And, Mr. Chairman, if 1 may. As I pointed out at the last meeting, two things
happened. One, you continued this item, (he one that is before you. And you asked us to
continue discussion -- the Commission asked us to continue diSCUSSi011 with tile industry, which
we're doing. We submitted to the Commissioners two ordinances, which the administration I1.rS
prepared, they've reviewed. The Manager also has revieNved. That's Item 28 on today's agenda
-- discussion agenda, 1f you want to take it up out of order to address that -- it's a discussion
item.
Commissioner- Teele: Well, that's what we're here on, I think.
Mr. Maxwell: You're on 28 now?
Commissioner Winton: That's what we're doing.
Mr. Maxwell: All right.
Commissioner Teele: That's exactly what we're here on. And the question is, has anyone taken
down their signs yet, voluntarily?
Vice Chairman Gort: No.
Mr. Gimenez: No. Not that 1 know of,
Collimisslonel. Winton: "That's an ongoing "no."
137 September 25, 2001
Vice Chairman Gort: Yes, sir
Luis Rojas: If I may address the Commission, Mr, Chairman'?
Vice Chairman Gout: Go ahead
Mr. Rojas: Mr. Chairman, illy name is Luis Rojas. I represent Clear Channel Communication.
And through the Chair, Commissioner Teele, we have removed approximately 20 signs
voluntarily.
Commissioner Teele: Twenty of flow many'?
Mr. Rojas: We have approximately close to 1,000 faces in this City.
Commissioner Tecle: So, let's see. What's 20 over 1,000?
ivlr. Rojas: It's two percent, Commissioner.
Commissioner Tecle: Two percent?
Mr. Rojas: Yes, sir. But we have started, and Svc have been diligently working with your staff to
reach a compromise. And for example, Commissioner, I mean, i --
Commissioner Teele: 1 hope they're paying you by the hour, Mr. Rojas.
Mr. Rojas: Commissioner, this is an act of love, but flit ,just trying to help the City of Miami
solve a problan. They are paying me a little bit. I'll he honest.
Commissioner Tecle: 1 mean, this -- Commissioner Regalado had a news article from -- was it
Phoenix, or Some Arizona -- I mean, you know, this -
Commissioner Regalado: Vegas.
Commissioner "Tccle: Was it Las Vegas'? '['his is an industry practice. I mean, this is, you know,
incrementally smiling, and working and two years later, you're right about where you started.
Meantime, you all are still collecting revenue every month on the signs, right'?
Mr. Rojas: But -- yes, sir. But let nlc give you an example. In July 10'x', when all these
violations came forth, it was -- to the Commission that there were only 34 permits for Eller
Signs, and the rest were illegal because there were no signs. We have located 304 permits,
which we've given that information over to the City,
Conuliissioner Teele: Now, that's helpful. flow many?
Mr. Rqias: We have located 304 signs, in addition to the 34 the City came Corlh. We've given
tliat information over to the City. We have done everything we can, because a lot of these signs
138 September 25, 2001
•
that are -- that appear to be illegal, we don't believe they're illegal because we have permits.
Now, some of these permits 1954, 1957, 1962. And, so, it's not easy because these are signs that
have been around a long time. There is a model ordinance that the Administration and the City
Attorney have prepared for you, that is a beginning of, hopefully, a resolution of something that
will bring down signs and also will bring money into the City. And we're moving - at least,
Clear Channel is moving in that direction. So, all I can tell you is that I think there's been good
faith on both sides, at least as lar as Clear Channel and the City is concerned. And we really do
want to resolve this issue, We're not trying to delay. We have rnet, and I think the City will tell
you we probably have asked for more meetings than they've wanted From tis.
Commissioner Sanchez: Mr. Chairman, just because they have a permit, doesn't mean that
they're OK.
Commissioner Tecic: That's correct.
Commissioner Sanchez: In some cases, they have a pertnit, but they've been super sized, or they
have lights or they have their way out the scope right.
Commissioner Winton: And I bet none of them were every downsized,
Commissioner Sanchez: But sec, you know, this is -- and it's very frustrating, because what's
going to happen here is just, you're going to be tangled up in court, in court in court, in court,
and they'll -- you know, as much time passes by, the signs are up, they continue to generate --
you know, if the law's on your side, argue the law. If the facts are on your side, argue the facts.
If nothing's on your side, take it to court and tangle it up in court.
Mr. Maxwell: Let me -- may I comment. on that, Commissioner? What's happened -- and to
make sure that we're clear on what's being discussed here -- you had two different scenarios,
two different situations with the billboards. The one that we've been negotiating with the
billboard industry about really concerns signs in the C-1 district, that were declared
nonconforming under our zoning ordinance. That's different, and that's what we've pretty much
been holding off on enforcement for, pending some kind of resolution from the Commission.
The issues regarding signs too high, signs improperly oriented, those kinds of noncompliance
issues really aren't the subject of discussion between the City. We aren't negotiating that. We
consider that illegal. That's not being negotiated now.
Commissioner Sanchez: But they're still up.
Mr. Maxwell: They are. 'That's correct..
Commissioner Sanchez: '.They're still up.
Mr. Maxwell: They're still up. But 1 don't think the Nlanager's -- 1 can't -- 1 don't want to
speak for the Manager, but 1 don't think the Manager has said that he's not going to vigorously
pursue those as opposed to the others.
139 September 25, 2001
•
•
Vice Chairman Gort: It's 4:18. We have PZ (Planning and 'Zoning). We haven't touched
anything. My recommendation is that the -- you're in -- so much into want to be into
compliance, as they go in front of the code enforcement, they can appeal their cases to code
enforcement, and they'll have to make the decision.
Mr. Gimenez: Commissioner, we'd like to see a code change and a resolution, you know, to the
issue. And we're moving, I think, in a direction -- there's two ordinances you call take in your
possession, and we'll be corning back to you, individually, and asking f'or your input on it.
Vice Chairman Gort: rine. But, in the meantime, I think there's a process that we ask you all to
continue, and I think that's what we're asking ,you today. OK.
Mr. Gimenez: Absolutely. That process will continue. It is deferred from three weeks from
today, because that's what we said the last Commission meeting. So, if nothing changes In three
weeks from today, the enforcement will start in earnest. The Code Enforcement hearings will
start. That's -- we've already set out some to be mailed. That's what we conferred, the ("ode
Enforcement hearing.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Coinnlissioner Teele: 1 don't think we should -- I think we should encourage the industry to do
what -- what's your client?
Mr. Rojas: Clear Channel.
Commissioner Tcele: -- what Clear Channel is doing, is sit down with the Management, bring
forth all of the documents and the records. Let's try to at least Set more consensus on how we
call define the parameters of the problem, the pornlits; the things that we talked about, I think, in
April and May, that we asked the industry to do; let's go forward with the code enforcement
proceedings. I would ask that the code enforcement proceedings be prioritized, based upon some
consultation with the Legal Department. I would specifically ask that file staff work with the
Chairman of the Board and the members of the code enforcement in ensuring that it's scheduled
at a time that the maximum participation by the full board could be done; that we don't just
arbitrarily select a date on the calendar that's convenient for staff, but let's select a (late that's
convenient f'or the Board, and let's get on with this one at a time, If you all have 1,000
billboards or 1,000 faces, that's probably at least BOOK. Is that one on each side, maybe?
Mr. Rojas: Some are multiple. I think, total, there's about 400 structures.
Commissioner Teele: So, that's -- we've got 500 cases or so with them. So, let's just begin a
process of working tlr►•ough this, and let's do it in consultation with counsel, I was very
disturbed that the last code enforcement meeting was done -- scheduled when the Chairman of
the Board was going to be out of town and at least two other members. This was during the
August/September holiday period. It appeared to be convenient for staff, but not for the
140 September 25, 2001
members of the Board. And I want to remind the Manager and the staff that the Code
Enforcement Board and these people are volunteers. And the last thing we want to do, the last
thing wQ want to do is schedule it and have them upset with us. We need the Code Enforcement
Hoard to be rested, and to be fresh and not harassed, because these cases are going to be
extremely -- we've got a lot of cases. And you're going, to have a lot lawyers arguing, a whole
lot of misinformation and misstatements. And as Commissioner Sanchez said, "When you don't
have the law on you, you argue the facts. And When you don't have either the law or the facts,
just argue like hell." And so, there's going to be it lot of arguing like hell in the Code
Enforcement Board. We ought to provide them with cookies, and refreshments, and make sure
they're rested and they're not harassed by either the industry or the staff. So, I think we just
need to move on. I will say this again: l will not be satisfied with any legislation that doesn't
provide for (lie total correction over sonic period of time, and some form of mitigation fee based
upon neighborhoods, not citywide, but neighborhoods, where the signs are there -- during the
period that the signs are there. To have a citywide mitigation fund, to rhe, is to basically insulate
those communities that are going to demand that. they be removed ahead of other communities,
and then there's going to be -- they're going to benefit from the mitigation. 'rhe mitigation
Should be targeted based upon the neighborhoods, and the districts and the communities that
.have more tolerance of this. And 1 don't think this is a one -shoe -fits -all but we can't take it all at
one time. And I've said repeatedly, as far as I'm concerned, I'rn prepared to work with the
industry, as long as there is a clear period of time that they're gone. 1 mean, this can't be that
we're going to do this for two years, and then we all are happy. In other words, there's bot to be
a phase out; only those sighs that will be left are those that are legally permitted and confot-ming
signs. So, l just appreciate your patience, Mr. Chairman, but this is something that is just an
unbelievable state of affairs, that we've allowed ourselves to get put in this box.
Vice Chairman Gort: It goes way back. Let me tell you about the -- 1 educated myself a little bit
in the industry, and some of the things that have been taking place for years and there's it lot of
things that needs to be done, OK? So, your marching order is to go ahead and start code
enforcement, as soon as possible. Thank you, ma'am.
Commissioner Teele: The Attorney wanted to say something.
Vice Chairman Gort: Yes, sir. Yes. I'm getting there.
Mr. Maxwell: l just wanted, for the. record, Commissioners, to let you know that one of the
options that we have been exploring in terms -- because of the number of cases involved in this
particular subject, would be to bring a special master out board, hearing master on board to do it.
So, that's one of the things that we're looking at.
Commissioner Teele: I thought we passed a resolution in .lune authorizing the City Attorney to
do this.
Mr. Maxwell: Yes, sir, you did. We -- and the advertisement was made and, as yet, we've got
no responses to that ad.
Vice Chairman Gort: Nobody wants it?
141 September 25, 2001
0
E
Mr. Maxwell: Apparently not, so far.
Commissioner Teele: Well, don't say it again. I'm sure the industry will go out and find some
judges that --
Vice Chairman Gort: OK. Thank you. Representative Rojas, thank you.
Mr. Rojas: Thank you.
Commissioner Teele: And, Mr. Rojas, don't tbink about applying, OK?
Commissioner Winton: And thank you for the great love of our City that you're providing there.
Mr. Rojas: Only because of the Commission.
Vice Chairman Gort: Item 7.
Commissioner'Tcele: Thank you, sir.
142 September 25, 2001
27 '-, EMERGENCY ORDiNANC.E: :DIRECT mANAGER TO. IDEN'CIFY $400;000 FROM
COMMUNITY DI11VLLOPMENT BLOCK;_GRA (CUB,G) LINE OF:',CREDIT OR
AVAILABLE: PROGRAM:1NCOMEJO MEET DEBT, SERVICE OF SECTION 108 LOAN
PR0GRAMJN 26,_ AND,27 , CDBG''PROGRAM Y1 ARS.
Vice Chairman Gort: One 'Zero Dight Loan. Yes, ma'am.
Gwendolyn Warren (Director, Comitlunity Development): Yes, sir. Item 7 is an emergency
ordinance to provide about four hundred thousand dollars ($400,000) for the debt service
payment on our 103 Loans.
Commissioner Teele: So moved, Mr. Chairman
Vice Chairman Gort: It's been moved. Is there a second'?
Commissioner Sanchez: Second.
Vice Chairman Gorl: Read it.
Alejandro Vilarcllo (City Attorney): It's an emergency --
Commissioner Tccic: Docs this require a public hearing?
Commissioner Winton: Could I understand (his a bit'? .Inst so I -- you know, I'm not -- I'm in
itivor. 1 just want to understand what We're really doing.
Ms. Warren: The City of Miami has issued several 108 loans over the years. A part of our
agreement a part of the federal law is that if the loans are delinquent, the payments have to come
out of our C1713G (Community Development Block Grant) line of credit, The City Commission,
in order to avoid a reduction in our annUal line of Credit, has agreed to pay it out -- allocate
monies to an minuall,y versus the federal government reducing our allocation and leaving it
reduced annually. So, we underestimated, because of some intlatiOn Changes, the cost to pay the
debt seplice last year, and we'll need an additional two hundred thousand ($200,000) for this
year. So, this will allow us to pay the debt and keep it current.
Commissioner Winton: An(] are there speci hic loans that are covcrcd by all of this?
1'v1s. Warren: i'cs, there lire.
Commissioner Winton: Is there a list of them somewhere'? I mean, I see Wymwood ]gree Trade
Zone is one of them.
Ms. Warren: Southeast Overtown/Park West is the other one.
Commissioner Winton: OK. So those are the: two?
143 September 25, 2001
J
Vice Chairman Goru Those are the two.
Ms. Warren: Those are the two. And the other one we're paying out of the sale of the facility.
Commissioner Winton: Got it: ('hank you.
Vice Chairman Gort: OIC.
Commissioner Teele: Mr. Chairman,
Mr. Vilarello: To answer the question about public hearing; --
Vice Chairman Gort: Read it.
Mr. Vilarello: No, this does not require an advertised publie hearing;. This is an obligation that
we have with regard to the 148 loans.
Commissioner Teele: Mr. Chairman.
Vice; Chairman Gort: Yes, sir.
Commissioner Teele: When we finish this, i want to move that Commissioner Winton be
designated to review the Wynwood Frcc Trade Zone. You know, this is one of these things that,
you know, we just keep writing; alecks. Nobody's responsible. It's in my district or your
district. 1 don't know, But the real issue here is that it's a real estate deal. it is a horribly wound
and convoluted mess tliat predates all of us here. And I just think we've just -- have; got to just
stop writing; checks.
Vice Chairman Gort: That goes way back.
Commissioner'I'cele: And we ought to al least understand what we're doing. So, the only thing
that I'm asking is to make sure that our payments don't give any kind of legal implication of
anything.;, other than we're just making tho payment, Mr. Attorney.
Mr. Vilarello: In fact, this has -- this is as a result of these toad obligations that we have with
Dade Foreign 'I'rade Zone and Wynwood Foreign Trade Zone, But this is to cover our obligation
with the federal government.
Ms. Warren: Correct.
Commissioner Winton: And its It relates to the subject matte]' itself, about Wynwood Tree 'trade
Zone, I've been up to my eyebrows in it since almost -- it was one of the First questions i asked
%vhen I got here, and I've stayed in the middle of it, and I talk to our City Attorney all the time. 1
think they're taking, some good steps right now trying; to tell them what -- there's -- our latest
effort is to get a receiver appoinled to take control of the Free Trade lone, which is a great idea.
144 September 25, 2001
•
We hope we get that. If you get a receiver appointed, then the money that we put into it, you
know, we could actually move to get the thing reopened again --
Vice Chainnan Gort: Right.
Commissioner Winton: - and operating, which will bring jobs, and -- and taxes, and revenue and
everything.. And, you know, you settle -- at the end of the day, you settle at who's going to --
own what and who's going to pay for what, but at least you can get the thing open if you get a
receiver appointed. So, I think that's a good move on the City Attorney's part.
Vice Chairman Goi l: ']'hank you. Read it.
Vice Chairman Gort: Any further discussion? Being none, call the question.
Mr. Vilarello: Roll call.
Vice Chairman Gort: Second roil call.
An Ordinance Lntitled --
AN EMERGENCY ORDINANCE OF THF MIAMI CITY COMMISSION
DIRf'CE'ING TI•IE CITY MANAGER TO IDENTIFY `ti400,000 FROM THE
COMMUNITY DEVELOI'MI N'I' BLOCK GRANT (CD13(i) LINE: O[' CREDIT OR
AVAILABLE PROGRAM I\TCOME TO MEET TI -IF- DE -AT SIERVICI OF THE
SEC'T'ION 108 LOAN PROGRAM IN T1114"26"' AND 27""' CDBG Y.ROGRANI
YEARS.
was introduced by Commissioner'rcele 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
C o ml]issloner .toe Sanchez
Commissioner Arthur 13. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
145 September 25, 2001
• 0
Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner
Sanchez, adopted said ordinance by the following vote,
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Cu mnissloner Arthur E. '1'ccic, .Ir.
Commissioner Johnny 1.., Winton
NAYS: None.
ABSENT, None.
SAID ORDINANCE, WAS DESIGNATED ORDINANCE NO. 12112
The ordinance was read by title into the public record by the City Attorney.
146 September 25, 2001
0
•
2$. RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING O.F 11M.- ROJINCY,
WAIVE REQUIRfMENTS-FOWCONI.P.ETITIVE SEALED BIDDING.P.RQGEDU-RES, AND
APPROVE ;.PROCUREMENT OF UNIFORM .ACCESSORIES FOR DEPARTNIE� ;-OF
POLICE FROM HARRISON UNIFOIUMS, '�25,00�; ALLOCATE :FUNDS `FROM !POLICF
GENERAIr�'OPERATING TiUD `tT
Vice Chairman Gort: Thank you, Item S has been served. Nine has been taken care of'. Ton has
been taken care of. Item 11, Uniform Accessories. Purchase uniforms in an amount not to
exceed twenty-five thousand dollars ($25,000).
Commissioner Winton: We need 7D and 7C.
Vice Chairntan Gort: llull?
Commissioner Winton: 7D and 7C Was not done.
Vice Chaii-num Gort: They were deferred.
Commissioner Winton: -No. "B" and "C" is no longer (INAUDIBLE).
Vice Chairman Gort: QK. Twenty-five, is anyone going to speak on this?
Commissioner Winton: Which one did you go to?
Vice Chairman Gort: City Manager action. Uniform accessories.
Commissioner Winton: Eleven.
Vice Chairman Gort: Anyone? Item 11. Go ahead, sir.
Commissioner Winton; Move it.
Vice Chainnan Gort: It's been second. Is there a second?
Commissioner Sanchez: Second.
Vice Chairmen Gort: Dismission. Being none, all in favor state it by saying "aye."
The Commission (Collectively): Aye.
147 September 25, 2001
•
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RF.SOLIJ'I'ION NO, 01-1004
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-
FIFTHS (4/51,1's) AFFIRMATIVE VO'L'E, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
WAIVING THE REQUIRIEMENTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES, AND ISSUING A PURCHASE ORDER FOR THE
PROCUREMENT OF UNIFORM ACCESSORIES FOR THE DEPARTMENT
OF POLICE FROM HARRISON UNIFQRWS, IN AN AMOUNT NOT TO
EXCEED $25,000; ALLOCATING FUNDS FROM THE POLICE GENERAL.
OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.075.
(Ilere follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon tieing seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following Vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner .Toe Sanchez
Commissioner Arthur 1E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
148 Septemher 25, 2001
3 lA[JTHOR E, CITY MANAGER TO-1XECUT)J AIY.[ENDMBNT NQ TOA : REVOC Ty
LICENSE AGREE�VIENT HE LVE1�N THE CJ,TY,41YIQ'I` .PARK
MANAGE vfEN'I'; TRVST
AND RACEWQRIS,,LLC, TO PtOUIDE FOIL RACEWOiKS, A`P 1TS�OWI�iST
AND CQMPIETl�THE TN�7'JA> INIPROVENIENTS'TQ`'I'HE RAGCOJRS1r,:
Vice Chairman Gort: OK. Item 8 was deferred. S-A. By the way, I need to announce tlherc is no veto
ti-om the Mayor's Office.
Commissioner Tecle: What?
Vice Chairman Gort: 1 was supposed to do that at the beginning of the meeting. 'There's no veto from
the Mayor's Office.
Commissioner Regalado: It would have been.
Commissioner Winton: At the neat meeting.
Commissioner Regalado: At the next meeting.
Commissioner Sanchez: Item 8-A.
Vice Chairman Gort: 8-A.
Commissioner Sanchcz: So move, Ivlr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. is there any discussion? Being none, all in favor
stale it by saying "aye."
The Commission (Collectively): Aye.
158 September 25, 2001
The following resolution was introduced by Commissioner Sancho, who moved for its adoption:
RESOI,U7 ION NO. 01-1005
A RESOLUTION Oh THE MIAMI CITY COMMISSION AUTHORIZING THE
CI'T'Y MANAGER TO EXECUTE AMENDMENT NO. 1 TO A REVOCABLE
LICENSE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
AT'rORNEY, BETWEEN THE CITY, BAYFRONT PARK MANAGEMIENT
TRUST ("TRUST"), AND RACEWORKS, LLC ("LICENSE E"), TO PROVIDE
FOR THE LICENSEE, AT ITS OWN COST, TO INITIATE AND COMPLETE
THF INITIAL IMPROVEMENT TO THE RACECOURSE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifrcdo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
159 September 25, 2001
9 0
32. RATIFY;` APPROVAND CONFIRM MANAGER'S FINDING OF EMERGENCY,
WAIVE REQUIREMENTS FOR COMPETITIVE SEALED. .BIDS, AND . APPROVE'
EMERGENCY., 'PURCHASE FOR CONTINUED PROVISION ' OF FUEL FROM MIAN11
DADE COUNTY FOR POLICE DEPART, ENT, 119;U9Q; . ALLOCATf? .BUNDS FRAM'
POLIMGENERAL OPERATING BUDGET.;.,!
Vice Chainnan Gort: Item 9 has been passed. Item 10 has been passed. Item 11 has been
passed.
Commissioner Winton: Move 12.
Vice Chairman Gort: Twelve. Emergency purchase of fuels.
Commissioner Sanchez,: Second.
Vice Chairman Gort: Moved and second. Is there any discussion? Tieing none, all in favor state
it by saying "ayc."
The Commission (Collectively): Aye.
The billowing resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 01-1006
A RESOLUTION OF ]'HE \41AMI CITY COMMISSION, BY A FOLTR-
FIFTHS (4/5Tf1S) AFFIRMATIVE VOTE, RATIFYING, APPRONIT.NG AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
WAIVING THE REQUIREMI'NTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES, AND ISSUING A PURCHASE ORDER FOR THE
ACQUISITION OF FUEL FROM A41AiVII-DADS COUNTY FOR THE
DEPARTMENT OF POLICE, IN AN AMOUNTNOT TO EXCEED $19,090;
ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING
BUDGET, ACCOl.1NT CODE NO. 001000.290301.6.715.
160 September 25, 2001
(I Icre follows body of resalution, omitted here and on .File i;: the Office of the City Clerk.)
Upon beim Seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner.10e Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner .lohnny L. Winton
NAYS: None.
ABSENT: None.
161 September 25, 2001
33. RATIFY, APPROVE AND CONFIRM:. MANAGER'S FINDING OF EM,ERGENCY,
WA3VE` REQUIREMENTS"FUR ,COMI'ETITIVL SEAL-ED F3IDbING:';PROCLDURES AND
ACCEPT 13II) O} WCr1TIIERTROL MAINTENANCE CORPORATION, FOR PROJECT
PNTITLED,"MANUEL.AR,TME COMMUNITY' , CENTER.A/C.,REPAIRS9•B=6389'.', 522,665..
Commissioner Sanchez: Move number 13.
Vice Chairman Gort: Thirteen.
Commissioner Winton: Could -- second, for discussion. 1 don't understand the difference
between 13 -- why aren't 13 and 15 tied together? They both seem to be AC (Air Condition)
repairs.
Vice Chairman Gort: Right. Different contracts.
John Jackson: Coniniissioncr, .tohn Jackson, Director of Public Works. These arc two different
buildings. The Manuel Artime --
Commissioner Winton: Two different buildings?
Commissioner Sanchez: Yes.
Mr. Jackson: Two different buildings.
Commissioner Winton: Oh.
Vice Chairman Gort: It's different contracts.
Commissioner Sanchez: One's a theater and the other one's a building.
Unidentified Speaker: (INAUDIBLE),and one's a theater.
Commissioner Regalado: Which is the building that has the mirsel•y?
Commissioner Winton: Now, is --.,are we doing something about the Cooling Tower in here? Is
that part of this, or is this something else'?
Mr. Jackson: That's number - that's 15,
Commissioner Winton: Fifteen. We're replacing the Cooling 'Power?
Mr. Jackson: The Cooling Tower,
Commissioner Winton: Replacing it?
Mr. Jackson: Yes.
162 September 25, 2001
• 0
Commissioner Winton: Oh, it needs it badly. OK. Good. Thank you.
Vice Chairman Gort: OIC. Read it.
Commissioner RegaIado: It's a resolution.
Vice Chairman Gort: Resolution? OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The C011owing resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 01-1007
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-
FIFTHS (4/5""") AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES AND ACCEPTING TIIE JULY 30, 2001 BID OF
1 F'L fI TIIER.7WOL MAINTENANCE, CORPORATION, THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER FOR THE PROJECT
ENTITLED "MANUEL ART1.ME COMMUNITY CENTER AJC REPAIRS, 13-
6389," IN T14E AMOUNT OF $22,665; ALLOCATING FUNDS FROM
CAPITAL IMPROVEMENT PROJECTNO. 322060, AS APPROPRIATED 13Y
THE ANNUAL APPROPRIATIONS AND C.AP"PIAL IMPROVEMENT
PROJECTS ORDINANCES, AS AMENDED, IN THE A.MOU.NT OF 522,665
FOR THE CONTRACT COSTS AND $4,387 FOR EXPENSES, FOR A TOTAL:
ESTIMATED COST OF $27,052; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL. NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THIS CITY ATTORNEY, FOR SAID PURPOSE.
163 September 25, 2001
(I fere follows body of resohation, 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Tecie, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
164 September 25, 2001
34. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF,AN EMERGENCY .
I:WAIVE.,REQUIREMENTS FOR COMPETITIVE SEALED:BfpD1NG PROCEDURES ANJ
'ACCEPT BID` OF: TEMPTROL AIR CONDrrlor:ING I'k ':rOR :PRO.fCCT :CNTITL;ED'
'`MANUEL ARTI.ME .CENTER ALC.REPAIRS, B.6390'?, 5440057. '
Vice Chairman Gort: Fourteen. We passed that. Fifteen, a resolution.
Commissioner Sanchez: So moved, Mr. Chairman.
Commissioner Winton: Second,
Vice Chairman Gort: It's been moved and second. Any further discussion? Being none, all in
favor state it by saying "aye."
The Commission (Collectively): Aye.
The billowing resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO, 01-1008
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-
FIFTHS (4/5""') AFFIRMATIVE.. VOTE, RATIFYING, APPROVING AND
CONFIILbIING TH1 CITY MANAGER'S FINDING OF AN .EMERGENCY,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PROCI DURI S AND ACCEPTING T'HG JULY 30, 2001 BID OF TL'ATI'71wjL
AIR COND17TONING, INC., THE LOWEST RESPONSIVE. AND
RESPONSIBLE BIDDER FOR THE PROJECT FNTITI.,F,D "MANUEL.
ARTI.ME COMMUNITY CENTER A/C REPAIRS, B-6390", IN THE
AMOUNT OF $44,057; AL.I.00ATING FUNDS FROM CAPITAL:
IMPROVEMENT PROJECT NO. 322060, AS APPROPRIATED BY TELE
ANNUAL APPROPRIATIONS ANIS CAPI'T'AL IMPROVEMENT PR.OJICfS
ORDINANCES, AS AMENDED, IN THE AMOUNT OF S44,057 FOR THE
CONTRACT COS'T'S AND 58,484 FOR EXPENSES, FOR A TOTAL
ESTIMATED COST OF $52,541; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM
ACCEP".TABLE '1'O THE CITY ATTORNEY, FOR SAID PURPOSE.
165 September 25, 2001
(Here follows body of resolution, Omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Coin inissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gori
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. 'Feele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT- Mone.
166 September 25, 2001
35. AUTHORIZE ALLOCATION OF FUNDS,, $16,000, ' 'FROM STATE 1-10USING
1NITIATIVE PARTNERSHIP (S(lIP) FUNDS TOCOVER-`COST ' OF DlJYLjCAT1NG,
SERVICES FROM LEGAL IMPRIN`fS, INC.. AS RESULT OF SUBPOENA FOR)RECOR:DS
RELATING TO SINGLE:RAMIL REHABILITATION PROGR,AR4.
Vice Chairman Gort: Sixteen.
Coni.missioner Sanchez: So movod, Mr. Chairman,
Vice Chairman Gort: Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Any further discussion? All in favor state it
by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
_MOTION NO, 01-1009
A MOTION AUTHORIZING THF ALLOCATION OF FUNDS IN AN
AMOUNT NOT TO EXCEED $16,000 FROM STATE HOUSINCi
INI'T'IATIVES PARTNERSHIP (SHIP) FUNDS TO COVER THIS COSTS OF
DUPLICATING SF'RVICF?S FROM LEGAI, 1MPIZINTS, INC. AS A RESULT
OF A SUBPOENA FOR RECORDS RELATING TO THE SINGLE FAMILY
R ,14ABILITATION PROGRAM.
Upon being seconded by Commissioner Winton, the motion \vas passed and adopted by .(lie
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tonlas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Item 17, I'll pass on this ogle. The Mayor has an appointment. Item 18.
It's the Community Technology Advisory Board.
Cornmissioner Regalado: I'll do mine next meeting.
167 September 25, 2001
Commissioner Teele: So moved.
Commissioner Sanchcz: Second.
Vice Chairman Gort: Question: Did we receive the notification on the appointments to this
board before, and the --
Commissioner Regalado: Yes, we did.
Vice Chairman Gort: We did? OK. My apology, because I wasn't aware of it. If not, I would
have my members. But at the same time, I don't know if should appoint anyone. I'm not going
to -- Just a fe1V more (meetings.
Alejandro Vilarello (City Attorney): Mr. Chairman.
Vice Chairman Gott: Yes, sir.
Mr. Vilarello: With regard to Itcm 16, we went by it rather quickly, and the vote was by
acclamation. Commissioner Winton would like to address the Commission on that, and would
request a motion for reconsideration
Commissioner Tecle: So moved.
Mr. Vilarello: -- of Item 16.
Vice Chairman Gort: It's been moved. Is there a second? Is there a second`? You second?
Commissioner Regalado: Second,
Commissioner Winton: 1 can't second my --
Vice Chairman Gort: O'K. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
168 Seplember 25, 2001
The following motion Was Introduced by COn"Imissioner Tecle, who moved its adoption:
MOTION NO. 01-1010
A MO'T'ION TO CONSIDER THE VOTE PREVIOUSLY TAKEN ON
AGF,NDA ITFM 16 (AUTHORIZING THE ALLOCATION OF FUNDS IN AN
AIVIOUNT NOT TO EXCEEDS 416,000 FROM STA'rE HOUSING
INITIATIVES FUNDS TO COVER COSTS OF DUPLICATING SRRVICES
FROM I,EGAL, IMPRINTS, INC.)
Upon being seconded by Commissioner Rcgalado, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifiedo Gort
Comunissioner Tomas Regalado
Commissioner Joe Sancho
Commissioner Arthur E. 'rcele, .Tr.
Commissioner Joluviy L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Yes, sir.
Mr. Vilarello: He's going to step away. There's a conflict.
Commissioner Tccle: Move Item 16.
'Vice Chairman Gort: Is there a second?
Commissioner Rcgalado: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor state it by saying "aye."
The Commission (Collectively): Aye.
169 September 25, 2001
• 1 0
The following resolution was introduced by Commissioner Tcele, who moved its adoption:
RLS O LUPI ON NO. 01-10 11
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
ALLOCATION OF FUNDS, IN AN AVIOIJNT NOT TO EXCEED $16,000,
FROM STATE I1OUSING INITIATIVE PARTNkRS111I' (SI -11P) FUNDS TO
COVER THE COST OF DUPLICATING SERVICRS FROM LEGAL
IMPRINTS, INC. AS A RESULT OF A SUBPOENA FOR RECORDS
ERLATING TO THE SINGLE FAMILY REHABILITATION PROGRAM.
(1lcre follows body of resolution, 01-nittcd 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:
NAYS:
ABSTAINI~D:
ABSENT:
Vice Chainuan Gore: Thank you.
Vice Chairman Wifrodo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchcz
Commissioner Arthur E. Tccic, .1r.
None.
Commissioner Johnny L. Winton
None,
170 September 25, 2001
36. APPOINT. MERCEDES LOPEZ CISNLROS ,AS MEMBER `OF ECONOMIC'
DEVELOPMENTFINANCING AU'ri-IORITY:
Vice Cilaimian Gort: .Conmumity'rechnology Advisory Board. Docs anyone have culy
appointments?
Commissioner Regalaclo: I will have it next meeting.
Vice Chairman Gort: Economic Development Financing Authority.
Commissioner Regalaclo: I have one.
Vice Chairman Gort: Yes, sir.
Commissioner Regalaclo: Mercedes Lopez Cisneros.
Vice Chairman Gort: Anyone else'? Anyone else? OK. Do I have a motion to accept the
nomination by Commissioner Regalado?
Commissioner Winton: So moved,
Vice Chairman Gort: it's been moved. Is there a second?
Commissioner Regalaclo: 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 its adoption:
RISOL.UTiON NO. 01-1012
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A MEMBER OF THE, CITY OF MIAMI, FLORIDA
ECONOMIC DEVELOPMENT FINANCING AUTHORiTY FOR A TERM AS
DES TGNATED HEItE1N.
171 September 7.5, 2001
(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: Vice Chairman Wif edo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
172 September 25, 2001
37. APPOINT LUIS" PENELAS AND CONFIRM' APPOINTMENT OF MEMBERS OF
DISTRICT 5 141SI IORICPIZESERVATION ADVISORY., BOARD.: l RNIE MARTIN- AND
KENNETH ME4RKER.
Vice Chairman Gort: Five, District 5, 1 tistoric Preservation Advisory Board.
Commissioner TCole: I ]]love the appointments of the confirmation of Dr. F'.mie. Marlin and
Kenneth Merker,
Vice Chairman Gort: Great. 'There's a motion. Is there a second?
Commissioner Winton: Second,
Commissioner Itegalado: Second.
Vice Chairman Gort: Do I have any other nominations? That's it.
Commissioner 'I'eele: I would move -- I \vould also move Mr. Alex -- I'm sorry, Mr. Luis
Penelas,
Commissioner Winton: Second.
Vice Chaii7»an Gorl: Discussion. OK. Any further discussion? Being none, all in favor slate it
by saying "aye."
The Commission (Collectively): Aye.
Tile following resolution was introduced by Con-imissloner Tecle, who moved its adoption:
RESOLUTION NO. 01-1013
A RESOLUTION OF THE �VIIANVII CITY COMMISSION APPOIN'T'ING
CERTAIN INDIVIDUALS AS iV1EMBERS OF THE DISTRICT RIVE
HISTORIC PRESI3RVATIO-,N' ADVISORY BOARD FOR TERMS AS
DESIGNATED HF,REIN.
173 September 25, 2001
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(Here follows body of resolution, omitted here and on rile in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifi•edo Goin
Commissioner Tomas Regalado
Commissioner .lot Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
174 Septenil - 25, 2001
38. CONMA4 APPOINTMENT OF FIENRY HARRISONAND SHAD FIELDS TO EQUAL"
OPPORTUNITY ADVISORY BOARD.
Vicc Chainnan Gort: Equal Opportunity Advisory Board;
Commissioner '["cele: I would move the confirmation of Mr. Hcnry Harrison and Shad Fields --
Ms. Shad Fields.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Any further ones?
Coin missioner Regalado: I'll do mine next meeting.
Vice Chairman Gout: (INAUDIBLE COMMENTS)
Commissioner Regalado: She resigned.
Vice Chairman Gort: OK. All right. Do I have it motion to accept the nomination?
Commissioner Regalado: Yeah.
Commissioner Winton: Yeah, I think we did.
Commissioner Regalado: It's already done.
Vice Chairman Gort: it's leen moved and second. All in favor state it by saying; "aye.
The Commission (Collectively): Aye.
The following resolution was introduced by C'ommissioner'1"eele, who moved its adoption:
RF,SOLUTION NO. 01-1014
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOTNTTNG
CERTAIN INDIVIDUALS AS MEMBERS OF T11E EQUAL, OPPORTUNI'T'Y
ADVISORY BOARD FOR TERMS DFSTGNATED HEREIN.
175 September 25, 2001
9 0
(Here follows body of resolution, omitted here and on file in the Office ofthe City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wi rredo Gort
Coinmissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Tecle, Jr.
Commissioner Johnny L. Winton
NAYS: Nonc.
ABSENT: None.
Vice Chairman Gori: Thank you. Item 22, Digital Library Presentation, Office of the City
Clerk.
Commissioner Winton: Deferred.
Walter Fooman (City Clerk): That was deferred.
176 September 25, 2001
39. " ORDER OF DAY; COMMENTS ON MARINE STADIUM .AND ' TOWER: THEATRE
ISSUES CURRENTLY SCHEDULED ,FQR OCTOBER 1:1, 2001 COMMISSION MEETING
Vice Chairman Gort: 'Twenty-three.
Carlos Gimenez (City Manager): 'Thal was deferred also, Mr. Chairman.
Commissioner Winton: Deferred.
Vice Chairman Gort: Twenty-four, we already had that. Twenty-five, it's been deferred.
Twenty-six, it's been deferred. 'Twenty-seven has been deferred. Twenty-eight has been taken
up. Twenty-nine.
Commissioner Regalado: What?
Vice Chairman Gort: 'Twenty-nine has been withdrawn.
Commissioner Regalado: What is the Marine Staditirri? That's the 25"' item?
Vice Chainnan Gort: That was pulled.
Mr. Gimenez: (INAUDIBLE) the 1 Its', October 111".
Commissioner Regalado: Oh, October 1 I"'.
Vice Chairman Gort: October I I'll.
Commissioner Regalado: How about the management and tower'?
Mr. Gimenez: All those arc on the 1 1 "i,
Commissioner Regalado: Huh?
Mr. Gimenez: All triose are on the 1 1 t'.
Commissioner Regalado: Are you doing an agreement with Miami -Dade?
Mr. Gimenez: We're looking at entering into an agreement with Miami -Dade, yes, sic,
Commissioner Regalado: I'm not going to vote for it, so ,you know.
Commissioner Teele: On what'? What is it'?
Commissioner Regalado: On the ToNver Theater.
Commissioner Tecle: We don't need to get into that now, do we'?
177 September 25, 2001
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Commissioner Regalado: No. I'm just saving time.
Commissioner Tcele: You're just saying you ain't going to -- saving the time. You're going to
kill it before it --
Dena Rianchino (Assistant City Manager): We're just bringing it before you so we can get your
dii-ection on it on the 11"'.
Commissioner Teele: Ile just gave it to you.
Ms. Bianchino: Well, we heard -- yeah, we heard one.
Commissioner Regalado: 1 gave it to ,you, but you need more --
Commissioner Teele: Whose district is it in?
Vice Chairman Gort: You're going to hear a few.
Commissioner Regalado: That's Sanchez, Ask Sanchez or ask the other members.
;vfr. Gimenez: Commissioner Sanchez' district.
Commissioner Regalado: Well, it's --
178 September 25, 2001
40. CONTINUE CONSMERATION OF PROPOSED AMENDMENT TO SOUTHEAST
OVERTOWN/PARK WEST DEVELOPMENT OF REGIO
NAL EMPACT.
Note for the Record: At this point, the City Commission closes consideration of the regular
portion of the agenda to consider items from the Planning and Zoning portion of the agenda:
Commissioner Teele. fro we have -- Mr. Chairman, do we have any PZ (Planning; & Zoning)
items to be defien-ec1 or any non -controversial items'? I mean, we've still got about seven
minutes. We can move through this thing.
Vice Chairman Gort: We have a second publi-c hearing to diSCL1SS the -- What is this time cGrtaiii
5 o'clock'?
Commissioner Teele: You can't start it hefore 5:()1.
Vice Chairman Gort: OK. Ycs, ma'ain.
Commissioner Regalado: bet's take PZ --
Vice Chalnnan Gori: Is that a PZ item? Then we have to --
Lourdes Slazyk (Assistant Director of Planning and Zoning): On PZ -3, we're going to he asking
for --
Vice Chairman Gort: Ycah. Wait a minute. We have to -- what the procedure is, we have to
continue the regular agenda and bring PZ item -- PZ, agenda.
Alejandro Vilarello (City Attorney): They're going to take PZ now.
Commissioner Teelc: All right. It's been continued. Are there deferrals, Mr. Chairman?
Unidentified Speaker: Yes.
Ms. Slazyk: We're continuing Item 3, please.
Commissioner Teele: Move to continue Iteral 3, without the need for further --
Ms. Slazyk: To October 25`x'.
Commissioner Tecle: To October 25`x'
Commissioner Winton: Second. Second.
Vice Chairman Gort: It's been moved and second. Is there anyone here on that item? All in
favor state it by saying "aye."
179 September 25, 2001
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 01-1015
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PI_ -3
(PROPOSI_.D AMENDMENT TO TIME SOUTHEAST OVI RTOWN/PARK WEST
DEVELOPMENT OF REGIONAL IMPACT) "TO THE CITY" COMMISSION
MEETING PRESENTIX SCHEDULED FOR OCTOBER 25, 2001.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Itegalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
180 September 25, 2001
41.. WITHDRAW CONSIDERATTO$4. OF� `THE ' PROPOSED :SECOND READING OF
ORDINANCES CONCERNING PROPERTIES LOCATED ;AT,245, 261, 27.5; '283,.ANll.293.
NORTII:EAST 37Tt" STREET, 299, '3QG, 316, AND, 430, NORTHEAST 381'j STREET, 27.0'
ANP 285 NORTHEAST `39TH S'IRI✓ET, 3701, 37220, 3737, 3740, 3801;:`:' 883,. �? ND 3A8GL'
BISCAYNE
Lourdes Slazyk (Assistant Director of Planning and Zoning): We're withdrawing; Itcros 13 and
14, please.
Commissioner Teele: Move to withdraw Items 13 and 14.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Any discussion? Those are PZ (Planning
and Zoning) Items 13 and 14. Being none, all in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Tcele, who moved its adoption:
NIOTION NO. 01-1016
A MOTION TO WITHDRAW CONSIDERATION OF THE FOLLOWING
AGENDA ITEMS SCHEDULED AS PROPOSED SECOND READING OF
ORDINANCES CONCERNING PROPERTIES LOCATED AT
APPROXIMATELY 245, 261, 275, 283, AND 293 NO.RTI-1I AST 37""'
STREET, 299, 306, 316, AND 430 NORTHEAST 38,111 STREET, 270 AND 286
NORTHEAST 39""' STREET, 3701, 3720, 3737, 3740, 3801, 3883, AND 3886
BISCAYNE BOULEVARD:
PZ -13 (TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN, BY AMENDING FU'T'URE LAND USE MAP, CHANGING THE
LAND USE DESIGNATION FROM "RESTRICTED COMMERCIAL" TO
"GENERAL COMM I RCIA I—"); AND
❖ PZ -14 (TO AMEND ZONING DESIGNATION FROM C-1 RESTRICTED
COMMERCIAL WITH AN SD -9 BISCAYNE BOULEVARD NOR'T'H
OVERLAY DIS'T'RICT TO SD -8 D1:S1GN PLAZA COMMI RCIAI,
RESIDENTIAL DISTRICT).
18 l September 25, 2001
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following* vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
182 September 25, 2001
42. CONTINUE CONSIDERATION OF ' PROPOSED SECOND, READING OF
ORDINANCES CONCERNING PROPERTIES AT.3163, 3165, 3.171, 3175 AND 3179 S.W; 22%
TERRACE.
Vice Chairrimn Gort: Any other items?
Dena I3ianchino (Assistant City Manager): Tliat's all f'or --
Vice Chairman Gort: That's all?
Ms. Bianchino: We can do sonic quick ones, if you'd lilac.
Commissioner Winton: Yeall.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -1 and 2 is a status report of Ms.
Garcia -Toledo,
Vicky Garcia -Toledo: For the record, Vicky Garcia -Toledo, with offices at 2500 First Union
Financial Center. This is a matter that we have been continuing for some time, due to a litigation
as to the ownership, and we would request that this matter be continued and --
Commissioner Teele: So moved, Mr. Chairman.
Ms. Garcia -Toledo: -- setfor hearing for January.
Coin missioner Sanchez: Second.
Commissioner Teele: Move the continuance to the second mceting in January.
Commissioner Winton: Second.
Ms. Garcia -Toledo: '!'hanks.
Vice Chairman Gort: It's been moved and second. Any further discussion? .Being none, all in
Favor state it by saying "aye."
The Commission (Collectively): Aye.
183 September 25, 2001
The 1'olloNving motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO, 01-1017
A MOTION TO CONTINUE CONSID13RATION OF 'I'.I-IE FOLLOWING
AGENDA ITEMS SCHEDULED AS PROPOSED SECOND READING OF
ORDINANCES CONCERNING PROPERTIES AT APPROXIMATELY 3163,
3165, 3171, 3175 AND 3179 S.W. 22 TERRACE- TO TNI: SECOND
COMMISSION MEETING OF JANUARY 2002:
•:• P7_-1 (TO AMEND ORDINANCE 10544, THE COMPREHENSIVE
NEIGHBORHOOD PLAN, BY CHANGING LAND USE DESIGNATION
FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL);
❖ PZ -2 (TO AMEND ZONING ORDINANCE 11000 BY CHANGING THE
ZONLVG ATLAS FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL).
Upon being seconded by Commissioner 'Vinton, the motion was passed and adapted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sarichez
Commissioner Arthur E. Tccic, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thant: you, ma'am. You've made some great prescntations today.
Commissioner Sanchez: Yeah. You've earned your money.
184 September 25, 2001
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43. SECOND LtEADING'ORDINANCE AMEND 'ORDINANCE J 1000, CITY'S ZONING
ORDIN IANCE TO ESTABLISH NEW, SECTION 623 ENTITLED ".CORAL WAY SPECIAL
OVERLAY DISTRICT", TO ADD INTENT -STATEMENT, CREATE SPECi,AL.DISTRICT
REQUIREMENTS AND LIMITATIONS ON USES, AND REQUIRE CLASS 11 SPECIAL
PERMITS FOR EXTERIOR WORK (Apphca t(s).Chy of Miami)
Vice Chairman Gort: What other penis do we have? We have.1 lot of second readings?
Lourdes Slazyk (Assistant Director, Planning and Zoning): No. Four is an appeal. That's going
to he controversial. Five and 6 are second readings for the Coral Way Special District.
Coinmissioner Teele: Move Item l'% -S.
Commissioner Sanchez: Second.
Vice Chairman Gort: it's been moved and second. Any rumber discussion?
Coinmissioner Teele: This is an ordinance, right?
Vice Chainnan Gort: Anyone in the public -- wait a minute. PZ (Planning and 'Zoning) items,
anyone that's goiilg to testify in any PZ item needs to be sworn in.
Note for the Record: At this time, Vice Chairman Gort addressed the audience in Spanish.
Vice Chairman Dort: l just repeated in Spanish what 1 just said in English. Is there anyone who
would like to address this Commission that has to be sworn in? Hello? Anyone that would like
to speak. on any PZ item needs to be sworn in. I-Icllo?
Ms. Slazyk: Most of the agenda is non -controversial. I think you only have -- you have one
gentleman.
Vice Chairman Gort: OK. Go ahead.
AT THIS POINT, Th1E CITY CLERK ADMINISTERED OATII, REQUIRED UNDER
CITY CODE SECTION 62-1 TO THOSE PERSONS GIVING '!TESTIMONY ON
ZONING ISSUES.
Vice Chairman Gort: Thank you.
Commissioner Tecle: Would you ask the Attorney to read it into the record, please?
185 September 25, 2001
Vice Chairmarn Gort.: OIG. Anyone in the public would like to address PZ -5?
Commissioner Teele: Call the roll.
Vice Chairman Gort: (Zoll call.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY C',OMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE 01
THE CITY OF'MIAMI, 13Y AMENDING? ARTICLE 6 TO CREATE SEC'T'ION
623, THF' CORAL, WAY SPFCIAL OVERLAY DISTRICT, ADD AN INTENT
STATI.MENT, CREA'T'E SPI CIAL DISTRICT REQUIREMENTS AND
LIMITATIONS ON USES, AND ,rO REQUIRE CLASS 1.1 SPEC.IAL PERMITS
FOR EXTERIOR WORD; CONTAINING A. REPEALER PROVISION AND
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of hely 26, 2001, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Teele, seconded by
Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title,
It was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 12115
The ordinance was read by title into public record by the Deputy City Attorney,
186 September 25, 2001
44. THANK AREA DIRECTOR OF- FLORIDA DEPARTMENT OF TRANSPORTATION
FOR OBTAINING ADDITIONAL, 'FUNDS. Fok, ,CQ]ZAL ;WAY REAAVEMIrNT AND,.
ENHANCEMNNIT PROJECT,
Lourdes Slazyk (Assistant Director, Planning and Zoning): Six is a companion.
Commissioner Regalado: Before you go -- Mr. Chairman.
Vice Chairman Gort: That was live,
ComnZissioner Tecle: We didn't do five yet.
Commissioner Regalado: Mr. City Attorney, i f we were to pass a resolution now, can we do it
here? It's related to this. Or can we -- do we have to bo back to (lie regular -- resolution is a
resolution of the City of Miami Commission thanking the area director of Florida Department of
Transportation for obtaining additional fonds l'or the Coral Way Repavcment and Enhancement
Project. This is a—
Commissioner Winton: Second the motion.
Commissioner Regalado: OK. This should be communicated to the Governor and the Florida
Transportation secretary, and copy to the arca director.
Joel Maxwell (Deputy City Attorney): That would (INAUDIBLE).
Vice Chairman Gort: It's been moved and 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 Regalado, who moved its adoption:
RESOLUTION NO, 01-1018
A RFSOl,UTION OF TIME MIAMI CITY COMMISSION EXPRESSING
GRATITUDE TO THE DIS'TRIC'T SIX SECRETARY OF THE FLORIDA
DEPARTMENT OF TRANSPORTATION ("FDOT") FOR OBTAINING
ADDITIONAL FUNDS FOR THE CORAL WAY REPAVEMENT AND
ENFIANCEM ENT PROJECT; FURTHER DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE HEROIN
DESIGNATED OFFICIALS.
187 September 25, 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 adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Adliur E. Tccic, .Ir.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
189 September 25, 2001
45: SECOND READING. OkI) yANCE: AMEND ZONING ATLAS' FROM- ORDINANCE
1100 CITY'S ZONINIG .ORDINANCE; FOR ,PROPERTIES ,LOCATED ALONG CORAL
WAY BETWEI�N -SW l s �`' AVENUE'' AND SW 37't� AYFNUE TO :ADD "SD -23 CORAL`
WAY, SPECIAL OVERLAY DISTRICT,,DFS GNATION (Applileant s .Cit of Miami
Vice Chairman Gort: PZ -6.
Lourdes Slazyk (Assistant Director, Planning and Zoning): This is the companion --
Commissioner Winton: Move it.
Ms. Slazyk: -- atlas amendment.
Vice Chairman Gorl: It's been moved. Is there a second?
Coin missioner Tecic: Second.
Vice Chairman Gort: Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, W1TI-I
ATTACHMENT(S), Ati1ENDING PAGES 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 -I
"I ESTRICTED COMMERCIAL" TO O "OFFICE" AND C-1 "RES' IUCTED
COMMERCIAL" WITH AN SD -23 "CORAL WAY SPECIAL OVERLAY
DISTRICT" FOR TILE PROPERTIiS LOCATED APPROXIMATELY ALONG
CORAL, WAY BETWEEN SOU'T'HWEST Is' AVENUE AND SOUTHWEST
37""' 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,
189 September 25, 2001
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was passed on its first reading, by title, at the meeting of July 26, 2001, was taken up for its
second and final reading, by title, and adoption. On motion oh Co]m issloner Winton, seconded
by Commissioner Teele, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Wifiredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Tecle, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSBN'.I': None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE -NO. 12116
'I'hc ordinance was read by title into public record by the City Attorney.
190 September 25, 2001
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46. SECOND REA.DTNG ORDNANCE: AMEND �ORDNANCE'l 1000,, CITY'S ZONING
ORDINANCE, TO .ESTABLISH NEW SECTION 625 ENTITLED "SW 8"r1i STREET
SPECIAL .OVERL,AY DISTRICT' , TO -ADD INTENT 'STATEMENT, CR.EATI SPEG[AL
DISTRICT REQUIREMENTS AND )AMITA`I'IONS ON USES; AND'REQ011kE `CL.ASS TI
SPECIAL PERMITS FOR,EXTERTOR'WORK' (Apel caiat(sj City ofMiaini).
Lourdes Slazyk (Assistant Director, 11mming and Zoning): PZ -7 & 8 are the Southwest 8"'
Strect Spccial District. "They're companion items.
Commissioner Winton: So moved.
Ms. Slazyk: This is second reading.
Vice Chairman Gort: It's been moved. Is therea. second?
Commissioner Regalado: Sccond.
Commissioner Tecle: Second.
Vice Chairman Gort: It's moved and second. Read it. Roll call.
An Ordinance Entitled --
AN ORDINANCE OF THE M1A1/11 CITY COMMISSION AMENDING
ORDINANCE NO, 11000, AS AMENDED, THE ZONING ORDINANCI OF
THE CITY OF MIAMI, BY AMF,NDING ARTICLE. 6, SECTION 625, TO
CREATE I'IiG SOUTH%VEST 8,111 STREET' SPFCIA]. OVERI_,A1' DISTRICT,
ADD AN INTENT STATEMENT, CREATE SPECIAL DISTRICT
REQUTREMENTS AND I_,IMITATTONS ON USES, AND TO REQUIRE
CLASS 11 SPECIAL PERMITS FOR EXTERIOR. WORK; MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVI;RABII.ITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE- DATE.
191 September 25, 2001
was passed on its first reading, by title, at the meeting of July 26, 2001, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded
by Commissioner Teele, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Rcgalado
Commissioner .Coe Sanchez
Commissioner Arthur C. Teele, Jr.
Commissioner Johnny L Winton
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS D1 SIGNATE;D ORDINANCE NO. 12117
The ordinance was read by title into public record by the Deputy City Attorney,
192 September 25, 2001
'47. SECOND, READING ORDNANCE: AMEND ZONING ATLAS; FROM. ORDINANCE
11000, CITY'S ZONING ORDINANCE,:'FOP, FO.R PROPERTII~S `LOCATED ALONG SW,1$SFr `
'STREET BETWEEN SW`1
ST 8"" SW 27�rt •AVENUE TO ADD "Sid-25 SW'8r"t
STREET; SPECIAL.OVERLAY DISTRICT" D;ESTGNAT1' (AlapW " (s) City of-Mianu).,
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -8 is the companion.
Commissioner Winton: Move it.
Commissioner ` ecle: Second.
Vice Chairman Gort: head it.
.loci Maxwell: An ordinance of tyre Miami City Commission amending Ordinance No. 11000, as
amended, the zoning ordinance of the City of Miami, by amending Article 6, Section 625, to
create the Southwest 8`'' Street Special Overlay District, add an intent statement, create special
district requirements and limitations on uses, and to require Class Il special permits for exterior
work; making findings; containing a repealer provision and a severability clause; and providing
for -- I'm son -y. Was this number --
Ms. Slazyk: It was Number S.
Mr. Maxwell: I read -- I'm sorry.
Commissioner Winton: Way to go, Jocl.
Mr. Maxwell: Jumped up and --
.4s. Slazyk: No. it's worse that we didn't notice.
Mr. Maxwell: Ordinance number 8.
Note for the Record: At this time, the Deputy City Attorney read Ordinance Number 12118
into the public record.
Vice Chairman Gort: Thank you. Before you roll call -- yes, sir.
John Duvall: 1 didn't realize that you all were talking about item number 7. I'd like to speak on
that.
Vice Chairman Gort: Thcsc are companion items, sir. Go ahead. You can address it.
Ivlr. Duvall: My name is .1ohn I)uvall. I live at 1900 Seeoffee Street. I've been in -- 55 years in
business down on 8"' Street, in the 220U Block. And 1 want to say that we are very much in
favor, my wife and I both, of the overlay on Southwest 8`' Street. But we very much resent and
don't like the overlay oil 22"`1 Avenue, between 8"' and 9"). This is the place that has been
193 September 25, 2001
murdered -- It's murdered, 1 guess you would say. It's no -- nothing like Southwest 8"' Street.
On Southwest 8`" Street you have 18 feet of sidewalk, and plantings and things like that between
you and automobiles. On 22"`1 Avenue, between 8"' an(( 9th', you have six feet maximum, five
feet whenever you have a light. pole, to walk on sidewalk. It's got a building on it that hasn't
been rented in i don't know how many years. It went through the courts last year. It still hadn't
been rented. We think we would have a (INAU13]"BLi) and we talked about this. But I don't
think y'all realize that.[ was talking about 22"" Avenue. I think you're talking -- I think you were
thinking I was talking about 8"' Street. Well, 8"' Street, as I say, is the overlay thing, but 22`1
Avenue is like a little appendage that was added onto this thing. Well, believe me, you're going
to make a mistake if you do what you're -- this thing says that you want to do to it, that is, 22`1
Avenue, not 8'11 Street.
Commissioner Sanchez: SII'?
Mr. Duvall: Yes, sir.
Commissioner Sanchez: Could I interrupt you for a minute? What is your last name? I didn't
quite get it. Your last name. I didn't got your last name.
Mr. Duvall: Duvall.
Commissioner Sanchez: Duvall. Mr. Duvall, you're grandfathered in for 40 years, sir. You're
grandfathered in for 40 years, Really, 20 years, but there's an extension that you could just
automatically get for 40 years. So, your property there is grandfathered in for 40 years.
Mr. Duvall: Yes, sir. I understand, sir. I understand that, and I'm glad I've got it. But I'm not
just thinking about what is happening today. Now, may I slay that just the other day I was
approached by a man who said he was representing someone else, and he wanted to buy all that
in there.
Commissioner Sancho: Your property --
Mr. Duvall: Three owners.
Commissioncr Sanchez: Your property now is for sale, right? The Walgrecn's wants to buy
your property.
Mr. Duvall: You knotiv more about it --
Commissioner Sanchez: They're going to build a Walgreen's there.
Mr. Duvall: Yeah. You know more about it than I do.
Commissioner Sanchez: Yes, sir. So, I'm telling you, you've got nothing to -- 1 hope to see you
40 years from now, here at the Commission.
194 September 25, 2001
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Mr. Duvall: Oh, that's good. Excuse me just a minute, please.
Commissioner Regalado: Your turn limit.
Commissioner Sanchez: I'll probably he sitting next to hien out here, complaining about
something.
Mr. Duvall: All right. Now, Commission, they let us go down -- the Wall Street people and
myself went down before the board of -- where you draw pians and whatever, whatever you call
it. They were very nice to do that. Then they told the Walbreen's people what was going to he
able to do and what they couldn't do. So, since that. time, two of the other people involved in
this -- well, before that -- have had offers. They never made me an offer. They just told me that
they were going to need what l had. So, since that time, 1 have not heard from them, except
when I called them myself: They don't seem like they're very interested. Now, if this overlay
thing has killed that sale, there's going to be a lot of unhappy people. So, I ask you, think about
leaving off 22"'' Avenue, staving on 8"' Street, and I think everybody will be happy. i know I'm
not representing this very well, but I'm trying. But think about it. It could kill a bib sale for no
good reason, because they were going to come in and do that thing anyhow. So, please, knock
out 22"d Avenue off of that. It's just like an appendage anyhow. Back where 1 carte from, they
called it a tit on a boar hog. Excuse me, please.
Vice Chairman Gort: What I'm sorry. What was that again? What do they call it?
Commissioner Sanchez: Right.
Mr. Duvall: I beg your pardon.
Vice Chairman Gort: What would they call it? I didn't get it.
Mr. Duvall: Back in where 1 came from?
Vice Chairman Gorl: Yes.
Mr. Duvall: A tit on a boar hog.
Commissioner Winton: My dad used to say that..
Mr. Duval: 1 mean, it's nothing, you know. But why they put it on, I don't know. Why didn't
they put it on 21"7 Why didn't they put it on 20`1'9 Why didn't they taut it on 19""? They put it
on any of those? They put it on 22nd only. So, it's -- to inc, it doesn't do anything but hurt us.
Eighth Street, I love it. But that little old bitty block -- I know I'm -- I know 1 have it all ready
right now, but it's a lots of ways that things go wrong. So, I would certainly appreciate you all
thinking aboutt an item that doesn't really amount to anything, and can hurt a lot of people,
Thank you very much.
Vice Chairman Gort: 'Thank you, sir. Staff.
195 September 25, 2001
Ms. Slazyk: Yeah. Let me just respond real quick. The preliminary plans we had seen for the
Walgreen's on the property in question actually did go all the way to S°i Street. So, even if his
property were removed from the special district, it can't have an effect on the Walgreen's in not
making them comply to the new regulations, because half the building would be in and half
would be out. The reason 22'd Avenue and the 27t" -- by the way, this is not the only spot that it
goes down to a cross street -- is because, in this particular case, the triangle had to be included,
and it would not make any sense to leave the rest of that property out without the special district
designation. I don't believe it affects the sale of his property with Walgreen's, because
Walgreen's is going; all the way to 8"' anyway, The new rules will have to apply, whether his
property is in or out of the district, and it makes more sense for the district that it be in for this
intersection.
Vice Chairman Gort: OK. Go ahead.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), ANIENDING PAGES 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 "RES'T'RICTED
COMMERCIAL" TO C-1 "RESTRIC'TED COMMERCIAL" WITH AN SD -25
"SOUTHWEST 8"" STREET SPECIAL OVERLAY DISTRICT" FOR THE
PROPERTIES LOCATED APPROXIMATELY ALONG SOUTHWEST STII
STREET BETWEEN SOUTHWEST Is"' AVENUE AND SOUTHWEST 27""'
AVENUE (C'OMPLE'TE 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.
196 September 25, 2001
was passed on its first reading, by title, at the meeting of July 26, 2001, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded
by Commissioner "I'eele, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE; NO. 12118
The ordinance was read by title into public record by the Deputy City Attorney.
197 September 25, 2001
0 •
48. SECOND READING 'ORDINANCE: AMEND,.: ORDINANCE 10544, CITY'S
COMPREHENSIVE NEIGHBORHOOD PLAN, _. BY . CI;tANGING : THE, .LAND USE
DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 72U AND 730
NAV GQ�" STREET FROM "AZEDIUNI DENSITY: ,MULTIFA1VhILY >RESIDENTIAL" TO
',`RESTRICTED'COMMERCIAL" (Aphlicant(s).City of 1Viami)
Lourdes Slazyk (Assistant Director, Planning and Zoning): 1'Z-9 and 10 are also second
readings. The City is the applicant. This is for the properties at 720 and 730 Northwest CO°i
Street, from medium density multi -family residential to Cl with the SD -1 overlay.
Commissioner Regalado: 'That's a fire station?
Vice Chairman Gort: Second reading. Do 1 have a motion?
Commissioner Regalado: That's the fire station?
Ms. Slazyk: No. That's next. This is the site in Model City that's going for redevelopment.
Commissioner Winton: 'Phis is PZ what?
Joel Maxwell (.Deputy City Attorney): Nine, nine.
Ms. Slazyk: I'Z-9 and 10.
Commissioner Regalado: It's your district.
Commissioner Tecle: So moved.
Commissioner Regalado: Second.
Vice Chairman Gort: OK. It's moved and second.
Mr. Maxwell: An ordinance of the Miami City --
Vice Chairnian Gort: 14old up.
Commissioner Winton: I have a question on P7 9. my question is, when you look at the map on
PZ -9, you're now -- if I looked at this correctly, the -- there's a whole arca there back o1T of 7"' --
Northwest 7°i Avenue that is zoned medium density residential,
Ms. Slazyk: Yes.
Commissioner Winton: The area that fronts 71" Avenue is restricted commercial.
Ms. Slazyk: Yes.
198 September 25, 2001
Commissioner Winton: Is that correct'? And we're going to take a little curve -- carve out a piece
in a big, long block that is medium density residential. Carve a piece out of it and convert it to
restricted commercial.
Ms. Slazyk: Yes. What it is, this property is owned by the City and it's going to be redeveloped.
This is to unify the zoning. What we did in the companion zoning item is where we put the
safeguards in. We added the Si)- I overlays. That's going to require a special permit for
whatever is done there, and the buffering will be taken care of with this special permit. But,
under --
Commissioner Winton: The buffering will be taken care of with --
Ms. Slazyk: Yes. Through the special permit, it's going to be taken care of. It's going to be
required. But without the same zoning on the entire property, it's very difficult to develop.
Commissioner Winton: Well -- but private developers make those arguments to us everyday,
and we deny it.
Ms. Slazyk: In some cases, we actually recommend approval, iI'there's a justification or if it's a
logical extension. In this case, it's a logical extension, because under unified zoning, it will
better, serve the district. And, like I said, the safeguards actually came in on PZ -10, which is the
companion zoning change, where we -- the original application was just for C- plain C-1 back
there. And at the zoning hoard level -- at the PAD (Planned Area Development) level, excuse
me, we actually pulled it and came hack with it with the SD -1, when some of the neighbors did
show up with concerns. And 1 think everybody was satisfied that that was the safeguards we
needed for the buffering.
Commissioner Winton: What is -- do we know what the development is going to be? Do we
already know that?
Ms. Slazyk: No. It's going to go out for a proposal.
Commissioner Teele: RFQ (Request For Qualifications).
Ms. Slazyk: Yeah.
Commissioner Winton: OK. OK. Got it. OK.
Commissioner Sanchez: Or a sale.
Ms. Slazyk: Or a sale, yeah.
Commissioner Teele: Or it's going to be a parking lot.
Vice Chairman Govt: .Read it.
199 September 25, 2001
Ms. Slazyk: It'll be it real pretty one, if it's a parking lot.
Commissioner Winton: Well -landscaped and gated.
Note for the 12ecord: At this time, the Deputy City Attorney read the ordinance into the public
record.
Vice Chairman Gort: Anybody in (lie public would like to address it'? Close the public hearing.
Yes, sir. Roll call
An Ordinance Entitled --
AN ORDINANCE OF THE, MIAMI CITY COMMISSION, WII'II
ATTACHIMENT(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 NORTI-IWI ST 60""' STREET, MIAMI,
FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL"
TO "RESTRICTFD COMMERCIAL"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of July 26, 2001, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioncr ,rceic, seconded by
Commissioner Regalado, the ordinance was thereupon given its second and final reading by title,
and wits passed and adopted by the following vole:
AYES: Vice Chairman Wifrcdo Gorl
Commissioner Tomas Regalado
Commissioner Joe Sanchcr,
Commissioner Arthur E. Tccle, Jr.
Commissioner.1ohnny L. Winton
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12119
The ordinance was read by title into public record by (lie Deputy City Attomey.
200 September 25, 2001
49. SECOND READING ORDINANCE:. CHANGE:10NIN6AS LISTED IN ORDINANCE
11000, CITY'S ZONING ORDINANCE, BY AMENDING ZONING -DESIGNATION FROM
R-3 :MULTIFAMILY MEDIUM: Dl?NSITY RE IDENTIAL- AND; .0-1 '.RESTRICTED
COMMERCIAL .TO SD -1 MARTIN .LIJTHER' ,'KING .;BOULFVARD COMMERCIAL
DISTRICT: Pok PROPERTIES:'L:OCATED AT 720 AND>730 NW G0!: STREET,AND 50.
98>�'
TFI
NW 7 AVENUE:(Applicant(s): �CityofMiaini),
Lourdes Slazyk (Assistant Director, Planning and Zoning): Ten is the companion. This is the
one where you see we're changing it to the restricted commercial, with the SD -1 Martin Luther
King Boulevard overlay district.
Commissioner Teele: So moved.
Commissioner Winton: Second.
lvls. Slazyk: 'That's where the special permit is.
Vice Chairman Gort: It's been moved and second. Read it.
Commissioner Tecic: But, seriously, let me just clear this up, Lourdes. A parking facility would
be permissible under this designation, right?
Ms. Slazyk: Actually, I need to confirm That with Zoning. I believe it is, but it is going to need
to go through the same special permit process, and the landscape --
Cormmissioner Tcele: The special permitting process, right, yeah.
Ms. Slazyk: Yes.
Commissioner Winton: So it could be subject to lots of requirements that normal parking lots
may be -- may not be subject to, right?
Ms. Slazyk: Absolutely.
Commissioner Teelc: Exactly.
Commissioner Winton: OK. That protects us --
Commissioner Teele: That protects us.
Commissioner Winton: -- from having dust a cpm, flat, junky --
Commissioner Tecle: Like Nye have on Biscayne Boulevard now.
Commissioner Winton: Right.
201 September 25, 2001
•
•
Ms. Slazyk: In some. areas, parking lots are not allowed on pedestrian street frontages. So, we
may have to have some --
Commissioner Tccle: Yeah, but 7"' Avenue is a --
Ms. Slazyk: Yeah. But it will be a very attractive one.
Commissioner Teele: South Coral Way. Call (lie question, Mr. Chairman.
Vice Chairman Gort: Read it.
Commissioner Tecle: Is that an ordinance?
Joel Maxwell (Deputy City Attorney): Yes, it is, sir.
Vice Chairman Gort: Anyone would like to address this item? I close public hearings. Go
ahead.Roll call.
An Ordinance Entitled --
AN ORDINANCE OF THE, MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 12 OF TIDE ZONING ATLAS OF
TETE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R-3 "MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL" AND C-1 "RESTRICTED COMMERCIAL" TO SD -1
"MARTIN LUTHER KING BOULEVARD COMMERCIAL DISTRICT"" FOR
THE PROPERTIES LOCATED AT APPROXIMATELY 720 AND 730
NORTHWEST 60Th STREET AND 5988 NORTHWEST 7 T' AVENUE,
MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
202 September 25, 2001
was passed on its first reading, by title, at the meeting of July 26, 2001, was taken up for its
second and final reading, by title, and adoption. Oil motion of Conllllissioner Tecle, 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: Vice Chairman Wifredo Gori
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johi-my L. Winton
NAYS: None.
ABSENT: None.
SAID ORDINANCR WAS DESIGNATED ORDINANCE NO, 12120
The ordinance was read by title into public record by the Deputy City Attorney.
203 September 25, 2001
•
A
50. 'SECOND READING ORDNANCE:., AMEND'~ORDI7TIANCE' 1;0544,.CI'TY'S
COMPREHENSIVE' 'NEIGHBORHOOD ''PL:AN ,' AY � °CHANGII1 IG; "LAND USE
DES'IGNATION'fOR PROPERTIES LOCAT�ED T 750 AND 760 NW'`4I.S' AVENUE; FROM
`S1TvGL> FAM:iiLY 'RESIDENTIAL" TO "MA;TOI� 1TSTITtiTIONAT., PURI, IC FACIt ITIES;
TRANSPORTATION ANDUTiLiTIES",,(Applicant(s)Ciiy,9 iami)
Vice Chairman Gort: P%-1.1.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -11 and 12 arc the companion
land use and zoning f'or the fire station.
Coil] mlSsloner Winton: So moved.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and second. Read it. Anyone in the public would like to
address this Commission? Now close public hearings. Roll call.
An Ordirnancc Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD
PLAN BY CHANGING THE LAND USE DESIGNATION OF THE
PROPERTIES LOCATED APPROXIMA'TIaLY AT 750 AND 760
NORTH WEST 41 ST AVENIJE, MIAMI, FLORIDA, FROM "SINGLE FAMILY
RESIDENTIAL" TO "MAJOR INSTITUTIONAL, P'LJB IC FACII.ITIES,
TRANSPORTATION AND UTILITIES'; MAKING FINDINGS; DIREC'T'ING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
204 September 25, 2001
was passed on its first reading, by title, at the meeting of July 26, 2001, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded
by Commissioner Teele, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Tccle, Jr.
Commissioner Johnny i:. Winton
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12121
The ordinance was read by title into public record by the Deputy City Attorney.
205 September 25, 2001
0
51. SECOND READING ORDINANCE::'.GRANGE ZONING AS LISTED IN ORDINANCE`
1.1000, CITY'S ZONTINTG ORDINANCE, BY,AMENDING ZONING DESIONATION, FROM.
R-1 SINGLE FAMILY RESIDENTIAL -TO' G/I GOVERNMENT :,A�TD INSTITUTIONAL
FOR PROPERTIES LOCATED AT 750 AND 760 NW 415 -r -AVENUE (Appljcani(s) C1 of;
1Vliami). ,
Vice Chairman Gort: PZ -12,
Commissioner Winton: Move it,
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second. Read it. Anyone like to address the
Commission? Being none, close the public hearing.
An Ordinance Entlfled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE
NO. 27 OF THE ZONING ATLAS OF TI -TE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICA'T'ION FROM R-1 "SINGLE,
FAMILY RL-SIDFNTIAT " TO G/1 "GOVFRNMENT AND INS"TITU1,iONAL"
FOR THE PROPERTIES LOCATED AT APPROXIMATELY 750 AND 760
NORTHWEST 41sT AVENUE, MIAMI, FLORIDA; MAKING FINDINGS;
CONTAINING A REPT?ALER PROVISfON AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of July 26, 2001, was taken up lbr its
second and Intal reading, by title, and adoption. On motion ol'Commissioner Winton, seconded
by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by
title, and was passed anti adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
C..onlmissloner Joe Sanchez.
Commissioner Arthur E. Tcele, Jr.
Commissioner Johnny I.. Winton
NAYS: None,
ABSENT: None,
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12122
The ordinance was read by title into public record by the .Deputy City Attorney,
206 September 25, 2001
52: `'SECOND'' `READING ORDINANCE;A'MF_N3 D ORDINANCEa 10544, ';CITY'S.,
COM:PRC%IENSIV:E :NEIGHBORHOOD PI..A! BYE ' CHANGING LAIN USL
DESIGNATION _ FOR PROPERTIES LOCATED 'ALONG NORTHEAST � 3671*' 'STREET;
BETWEI✓N NQRTHEAST':2N" AVENUE AND NQRTH.NIIAN1,I AVENUE."BELOW US I
195/SR112 TO NORTHEAST 3C�H ST..REBT FROM "RESTIZIC'1~ED COMIvIER�'IAL'2 TO;;.
"GENERAL;CQMNtERC1AL'':{Appli,'Cant(s)'City,of:Iyhaiiii);..
Lourdes Slazyk (Assistant Director, Planning and Zoning;): PZ -15 is a land use amendment for --
Commissioner Winton: Second reading, move it.
Ms. Slazyk: -- second reading.
Commissioner Tcele: Second.
Vice Chairman Gort: Arc we on PZ -15?
Commissioner Winton: Yes, P7,--15.
Vice Chairman Gort: Read it. Anyone in the public would like to address the Commission?
Close the public hearing;. Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE FUTURE LAND "USE MAP OF TI -IE
COMPREI:IENSTVE NEIGHBORHOOD PLAN BY CHANGING THE LAND
USE DESIGNATION Oh TILE PROPERTIES LOCATED APPROXIMA'T'ELY
ALONG NORTHEAST 36'"' STREET BETWEEN NORTITEAST 2 N
AVENUE AND NORTH MIAMI AVENUE. BELOW U.S. 1-195/S:R. 112 TO
NTORTHEAST 36T11 STREET FROM "RESTRICTED COMMERCIAL" TO
"GENERAL COMMERCIAL."; DIRECi'ING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
207 September 25, 2001
•
•
was passed on its first reading, by title, at tine meeting of July 26, 2001, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded
by Commissioner Teeie, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gori
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, .1 r.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS Df~SIGNATBD ORDINANCE NO. 12123
The ordinance was read by title into public record by the Deputy City Attorney.
208 September 25, 2001
0 0
53. SECOND READING, ORDINANCE:,. AIMEND ORDINANCE I110000 CITY'S ZONI,N6
ORDlN'ANCE, BY AMENDING ;.ARTICLE G; .SECTION 608; UFSIGN .PLZA
COMMtRCIAL-RESIDENTIAL DISTRICT,, TO .'R.LNAME. DISTRICT, EXPAND ON
INTENT,, REM 10VE - THREE EXISTD4G PERMIITT`EE6 `USES, INCRIrASE AL-LOWA13 .-:
h.LOQR ,AREA RATIO, REVMIN
ISE` IMUM OPEN SPACE, ''IZLQiJUtI?MENTS, IVtODIFY
pi i , .
LIMITATIONS ON -SIGNS ANDADD'USE AND I?ESI. N!STANS. (Appli 4ii.t(s);City
of miariii),
Commissioner Winton: PZ -16, second reading, companion item, move it.
Lourdes Slazyk (Assistant Director, Planning & 'Zoning): Design district. Text amendment.
Commissioner Teele: Second, Mr, Chairman.
Vice Chairman Gort: OK.
Commissioner Winton: 'That's PZ --I6.
Vice Chairman Gort: Read it. Anyone in 010 Public Would like to address the Commission?
We'll ►ZOW close the public hearing. Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, TIME ZONING ORDINANCE OF
THE CITY OF MIAMI, 13Y AMENDING ARTICLE 6, SI.CTION 608, TO
MODIFY THE SD -8 DESIGN PLAZA COMMERCIAL RESIDENTIAL
13TSTRIC:T TO RENAME T:14E DISTRICT, EXPAND ON THE INTENT,
REMOVE, TIIRI F. EXISTING PERMITTED USES, INCREASIE THE
ALLOWABLE FLOOR AREA RATIO, REVISE THE MTNTIMUM OPEN
SPACE REQUIREMENTS, NI:ODIFY LIMITATIONS ON SIGNS AND ADD
USE AND DESIGN STANDARDS; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
209
September 25, 2001
was passed on its first reading, by title, at the meeting of July 26, 2001, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded
by Commissioner Teele, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairimm Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Tecle, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12124
The ordinance was read by title into public record by the Deputy City Attorney.
210 September 25, 2001
54. FIRST READING ' ORDINANCE: AMEND, ORDINANCE 105440 CITY'S:
COM:PREHENSTVE NEIGHBORHOOD PLAN; BY CTiANGIN'G T AND USE
DESIGNATION_ FOR PROPERTI;FS LOCATED AT
`2660 SW 17Th STREET', 2626 ANU2.695'
SW''18Tjt S'1TREET'AND -1813, 1821;; `1831; 1835: AND 1830: SW 217 AVENUE, FROM
".OFF .1M.TO"1ZES'MJCTED'CQMMERCIAL'%`'(Applidim s) City gfMiaini)::
Commissioner Regalado: Movc PZ -17, Mr. Chairman.
Vice Chairman Gort: First reading.
Commissioner Teele: Second.
Vice Chairman Gort: lt.'s been moved and second. Read it.
Joel Maxwell (Deputy City Attorney): An ordinance of the --
Commissioner Winton: Why are we doing this?
Commissioner Teele: Is this controversial --
Commissioner Regalado: That's -- no, no. This is the one -- remember that this is the one that
we sent back because it had a mistake on 25'" Avenue. Remember -- you remember the case that
we said --
Lourdes Slazyk (Assistant Director, Planning and Zoning): There was an address error.
Commissioner '1'ccic: The Planning Board's recommending it now. It was a 4-4 vote on this,
right?
Nis. Slazyk: It was a (INAUDIBL ) tic vote.
Commissioner Winton: 'That's what it says.
Commissioner Tecle: You really want to do this?
Commissioner Regalado: Yes. It was a mistake. The other time that we did it, there was a
mistake. On 25t11 Avenue, on the residential, there was one loose address that would have been
for --
Ms. Slazyk: Yes. I"or sonic reason, our the computer tyl)cd the properties together --
Commissioner'I'eele: But the Planning Board's still recommending it now, right?
Commissioner Winton: But why are we doing it, is the question I have? I mean, what's the
Pu1710se of this?
211 September 25, 2001
Commissioner Regalado: Because we sent it back.
Commissioner Winton: No, no, no, I don't mean that part. I mean, what -- what we're doing,
Which is -
Commissioner Rcgalado: Oh, what We're doing. I'll tell you what we're doing.
Commissioner Winton: Ycs.
Commissioner Regalado: On 27`x' Avenue, there are -- oil that -- those two blocks there are very
old houses. Some of them are being used for offices. Some of them are just there rotting,
decaying. What we are doing with this is to have commercial or an office building on 27`x'
Avenue, and around it would be either office or parking for those offices. Twcuty-seventh
Avenue is a major, as you know, commercial. As a matter of fact, I live one block from there, so
1. under --.that's why 1 jump when there was -- in the middle of all this, there was one, which is
into the residential area. That is not into the residential area. That's why we sent it [lack, and
that's why we're getting this back. After the mistake -- was it a mistake? What was it?
Ms. Slazyk.: Ycah. There were -- actually, we found another error when we went back. The 25"'
Avenue should not have been ilietuded. We removed it. And there was one digit transcription
error in another address, so that's why it's back here as First reading.
Commissioner Winton: Well, let me try this question one more time.
Ms. Slazyk: We took it back to the --
Commissioner Winton: What do we accomplish by changing the Zoning from "Office" to
"Restricted Commercial"? What is the objective we're trying to accomplish here?
Nis, Slazyk: What we're trying to accomplish here is that this particular segment of 27`x' Avenue
doesn't have enough restricted commercial zoning right along 27't' Avenue to serve some of the
neighborhood level retail and service needs. 'These properties are not big enough to be a major
ma]] or a major shopping strip of any kind. What it's going to do is encourage some other re -use
that will bring pedestrian scaled neighborhood services and retail to the neighborhood that lives
right behind it.
Commissioner Winton: Well, let me tell you what my worry is, because -- and my worry is there
with office zoning, as well. But these sites may not be deep enough to really adequately allow
anyone to build in office.
Ms. Slazyk: No.
Commissioner Winton: But the worry is that we end up with a situation very similar to the
situation we have on a number of our thoroughfares, including DOUglas Road, where you have a
ten -story office building built on Douglas Road. There is no buffer whatsoever. You go to the
back of the office building and you have a single-family residence, and that single-family
212 September 25, 2001
residence is shadowed all the time by this giant office building, and that's all from bad zoning to
begin with. 1 mean, that whole arca should never have been zoned that way. And these sites
may be so narrow or not have enough depth to allow anybody to build any real density in an
office building, so you end up protecting potentially the single-family homes that abut this
commercial zoning.
Ms. Slazyk: You're more likely to get a single -story retail or some other service use for the
neighborhood than by office, because -- oft ice in C. -I have the same densities, 150 --
Commissioner Winton: Yeah, 1 noticed that. Right.
Ms. Slazyk: And the only difference between the two is the list of potential uses. If these sites
aren't big enough, we're not worried that something like that's going to happen because, frankly,
it wouldn't fit.
Commissioner Winton: In either classification.
Ms. Slazyk: That's right.
Commissioner Teelc: You want to do this?
Commissioner Regalado: Yeah.
Ms. Slazyk: And what it does is, it actually opens it up for a potential for that neighborhood
level retail and service use --
Commissioner Regalado: Yeah, T understand what we're doing.
Ms. Slazyk: -- that this neighborhood needs, and there isn't enough commercial zoning --
Commissioner Tecle: Whose district is this?
Coin missioner Regalado: Mine.
Ms. Slazyk: -- on this quadrant of 27`x' Avenue to accommodate.
Commissioner Winton: I'm satisfied.
Commissioner Teele: Madam -- Mr. Chairman.
Vice Chainnan Uorl: Yes.
Commissioner Teele: Do you recommend this?
M's. Slazyk: Yes, I recommend. approval.
213 September 25, 2001
Vice Chairman Gort: Yes.
Commissioner- Tecle: Whose district is this'?
Commissioner Regalado: Mine.
Commissioner Teele: You recommend it'?
Commissioner Regalado: Yes.
Commissioner Winton: And my questions are -- and my questions etre answered,
Commissioncr Teele: And the Planning Department is just a little off base on this? They didn't
Ms. Slaiyk: Some of them have the same type of concerns that Commissioner Winton stated,
and it was actually -- it was denial by a tic votes
Commissioner Teele: 'Fie vote, right, Dour/four.,
Ms. Slazvk: Yes.
Cornmissionei- Teelc: I think we ought to go ahead --
Commissioner Winton: I'm satisfied,
Vice Chairman Gort: OK. There's a motion and (INAUDIBLE). React it. Anyone in the public
would like to address the Commission? Being none, we'll close public the hearing. Roll cull.
An Ordinance entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
FLITURL LAND USE MAP OF TIJE COMPREHENSIVE NEIGHBORJ IOOD
PIAN 13Y CHANGING THE LAND USE DESIGNATION OF 'ITT 'E"
PROPERTIES LOCATED APPROXIMA'T'ELY AT 2660 SOUTHWEST 17''i
STREET, 2616 AND 2695 SOUTHWEST 18TH STREET, 1835 SOUTHWEST
'25""' AVENIJI , AND 1813, 1821, 1831, 1835 AND 1839 SOUT14WHST 27"'
AVf NUE, MIAMI, FLORIDA, FROM "OFFICE" TO "RES'T'RICTED
COMMERCIAL"; MAKING BINDINGS; DIREC'T'ING TRANSMITTALS TO
AFFECTED AGENCIES; CON`T'AINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN BFFKCT1VE.DAI'E.
214 September 25, 2001
Was introduced by Commissioner Regalado, seconded by Commissioner Teele, and was passed
on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur F.. Tecle, Jr.
Commissioner Johnny L. Winton
NAYS: Commissioner Joe Sanchez
ABSENT: None,
The ordinance was read by title into the public record by the Deputy City Attorney.
215 September 25, 2001
' 55. FIRST READING ORDINANCE CHANGE: ZONING AS, LISTED . IN; ORDINANCE
11000, CITY'S ZONING ORDINANCE, )3Y: AM.END1NG ;ZONTNrG,:DESIGNAT,ION FROM
O; OFFICE '1'O, C 1` RES`T'RICTED, COMMERCIAL :FOR PROPERTIES LOCATED AT 26.601
$W 1,'j - STREET; 2626 .AND 26951-SW181,14STRLBT' AND 1813, l 8211 831, .1 X35 AND,.
:
1839 SW 27TH� . AVENUE (Applicatit(s)'Ciiy ofMiarri ).
Vice Chairman Gort: Eighteen.
Lourdes Slazyk (Assistant Director, Planning and Zoning): It's a companion item.
Commissioner Winton: Move it.
Commissioner Teele: Second.
Vice Chairman Clort: It's been moved and second. Read it.
Vice Chairman Gort: Does anyone in the public would like to address this? We'll now close the
public hearing. Roll call.
Ail Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING: PAGE
NO. 39 Oh TIE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION .FROM 0 "OFFICE" TO C-1
"RESTRICTED COMMERCIAL" FOR THE PROPERTIFS LOCATED AT
APPROXIMATELY 2660 SOUTHWEST 17""' S'rREET, 2616 AND 2695
SOlJTIIWFS7' 18""' STREET, t835 SOUTHWEST 25""' AVENtJL' AND 1813,
1821, 1831, 1835 AND 1839 SOU'rilWES'I' 27""' AVENUE, MIAMI,
FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING ICOR AN EFFEC'T'IVE
DATE.
Was introduced by Commissioner Sanchez, seconded by Commissioner Tee1e, and was passed
oil first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur F,. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: Commissioner Joe Sanchez
ABSENT: None.
The ordinance was read by title into the public record by the Deputy City Attorney,
216 September 25, 2001
SG: SECOND 'RE-ADING .ORDINANCE: AMEND;, ORDINANCE l I0100 CITY'S. ZONING
ORDINANCE; BY AMENDING ARTICLES 4; • 6 AND ,9,' TQ MODIFY' PRQVISIONS'I
RELATED•'I'O.SURFACE' PARKINU WITHIN CBP.,,CENTRA.L' BUSINESS DISTRICT,. SD.
S ` BRICKET�I AVENUE AREA OFFICE-RESIDFNT[A:L DISTRICT, Sb 6 CENTRAL;'
COMMERCIAL RESIDENTIAL DISTRICT,' SD 7.CENTRAL BRICKELL RAPID TRANSIT:
COMMERCIAL-RESIDENTIAL DISTRTCT; SD-2 .EDGEWATER OVERLAYDISTRICT
AND COMMUNITY . R IDEVELOPME.NIT ' AREAS (CRA AREAS) OF SOUTHEAST'.
OVER'I'OWN PARK. WEST AND.,OMNI '(Applicant(s) City of Miami).....
Conimissioner Teele: Number 19, 1 finally move it.
Commissioner Winton: Oh, I second, wholeheartedly.
Vice Chairman Gort: Nineteen is moved and second.
Commissioner Winton: And if my fellow Commissioners go along with this and vote yes, I'd
like to send a copy of the ordinance that we passed to the County immediately, and maybe they'll
notice that their ugly, awful, poorly maintained, weed -grown, chain linked fences in downtown
around their facilities get torn down.
Commissioner 'ITccle: And -- I mean, I'm all I'or it. I mean, you know, Johnny, we have done a
horrible job, but we've got to lead by example. And I meant what I said last night at the CRA
(Community Redevelopment Agency). You know, we've got all these governmental facilities.
We're really hard on the public, but when we go to this old arena every night, you know, you've
got this special deal in front. with the railroad. 1 mean, this is just horrible, what we've done to
the front door of our community. If'we were billionaire landowners, we would do all of this
totally different. And we are not good stewards of the public land by allowing the County, and
MSEA (Miami Sports & Exposition Authority), and others and ourselves to do what we're
doing. So, I -• this is a long time coming.
Vice Cltairman Gort: Read it. Anyone in the public would like to address the Commission?
We'll now close the public hearing. Roll call.
217 September 25, 2001
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI: CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, BY AMENDING ARTICLES 4, 6 AND 9, TO:
MODIFY THE PROVISIONS RELATED TO SURFACE PARKING WIT1`11N
THE CBD CENTRAL, BUSINESS DISTRICT, SD -5 BRTCKEL.L AVENUE
AREA OFFICE -RESIDENTIAL DISTRICT, SD -6 CENTRAL. COMMERCIAL
RESIDENTIAL, DISTRICTS, SD -7 CENTRAL BRICKELL RAPID TRANSIT
COMM F.,RCIAL-RESIDENTIAL DISTRICT, SD -20 EDGF..WATER OVERLAY
DISTRICT, AND THE COMMUNITY REDEVELOPMENT AREAS (CRA
AREAS) OF SOUTHEAST OVI RTOWN/PARKWEST AND OMNI;
IMPLEMENT MINIMUM DESIGN STANDARDS FOR APPROVALS BY
CERTIFICATE Oh COMPLIANCF; ALLOW FOR MODIFICATIONS BY
CLASS 11 SPECIAL PERMIT; AND ADD PROHIBITIONS; CON'T'AINING A
REPEALER PROVISION AND A SEVERARTLITY CLAUSE; AND
PROVIDING FOR AN I'sFFECTIVE DA'Z'E.
was passed on its first reading, by title, at the meeting of July 26, 2001, was taken up for its
second and final reading, by title, and adoption. Oil motion of Conimissioncr Teele, seconded by
Commissioner Winton, the ordlnaticc was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYF_.S: Vice Chairman Wifredo Gort
Comnlissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Tccle, Jr.
Commissioner Johnny L. Winton
NAYS: ?None.
ABSENT: None.
SAID ORDINANCI WAS I31:iSIGNATED ORDINANCE NO. 12125
The ordinance was read by title into public record by the Deputy City Attorney.
Commissioner Teele: I think, in all Ilonesty, once the period for the Mayor to consider this has
expired, the Manager should send a courtesy copy of this to everyone who owns a parking lot
that's affected by this. So -- and we should do a public notice in the newspaper, just so that
everybody's on notice as to what the rules are, or at least the subject.
Commissioner Winton: Yeah. No -- they -- so they don't get caught by surprise. And the notice
is here to collie.
219 September 25, 2001
5.7. SECONDREADINTG ORDINANCE':. AMEND:ORDINANCE 11000, CITY'-S ZONING
ORDINANCE, B`Y AMENDING ARTICLE 9, ';SECTION; O I' "DRIVE-THROUGH AND
DRIVE-IN ESTABLCSHMENTS : CAR WASHES"' TO 'MODIFY PROVISIONS, RELATED
TO- STACKING RLIQUIRFMENTS ;FOR DRIVE THROUGH ESTABL1..$HMENTS:
(ApplicAnt(s) City of Miami
Vice Chairman Gort: PZ -20.
LOurdeS Slaryk (/Assistant Director, Planning and Zoning): PZ -20 is a second reading to modify
the reservoir spaces for drive-in/drive-through facilities.
Commissioner Winton: Move it.
Commissioner't'ecle: Second.
Vice Chairman Gort: Rcad it. (INAUDIBLL) 30?
Unidentified speaker: Yeah.
Vice Chairman Gort: OK. Anyone in the public would like to address PZ -30? If not, we'll
close the public hearings. Roll call.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, BY AMENDING ARTICLE 9, SECTION 931 "DRIVE-
THROUGH AND DRIVE-IN ESTABLISHMENTS; CAR WASHES:, TO
MODIFY THE PROVISIONS RELATED TO STACKING REQUIREMENTS
FOR DRIVE-THROUGH ESTABLISHMENTS; CONTAINING A REPEALER
PROVISION AND SI VERABILITY CLAUSE; AND PROVIDING FOR AN
EFF l?CTIVE DA'Z'E.
219 September 25, 2001
•
was passed on its first reading, by title, at the meeting of July 26, 2001, was taken up for its
second and final reading, by title, and adoption. On motion of'Commissioner Winton, seconded
by Commissioner Teele, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Witrcdo Gort
Commissioner ' 'ornas Regalado
Commissioner Joe Sanchez
Coin inissioner Arthur E. 'T ecle, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCF. NO. 12126
The ordinance was read by title into public record by the Deputy City Attorney.
Vice Chairman Gort: Phis asks for a continuance. Do we have any other items?
Ms. Slazyk: Yeah. There's only one PZ item left, and that's an appeal. It's PZ -4. We skipped
it.
Vice Chairman Gorr: Well, we'll listen after the budget. Let's hear the budget hearing first.
Let's have a continuance of the PZ (Planning andZ_oning). We'll bring it back, and let's go back
to the 1'CgUlar agenda. Item mlmbcr 30. You guys w,111t to take five?
Commissioner Winton: No.
Vice Chairman Gow All right.
Commissioner Winton: OK. I don't mind.
Commissioner Tecle: Take three.
Vice Chairman Gort: Take three while they're getting ready.
THEREUPON, THE CITY COMMISSION WENT IN'T'O RECESS AT 5:26 PM AND
RECONVENED AT 5:38 PM, WITH ALL MEMBERS Or THE CITY COMMISSION
FOUND TO BE PRESENT, EXCT?PT COM MISSIONER'I'EE"LE.
220 September 25, 2001
•
•
66. INSTRUCT MANAGER TO AUTHORIZE ACPEPTANCl ,OF CERTAIN DONATIONS.
TO BF -RECEIVED. BY VICE: CHAIRMAN'GORT, ALONG WI?H .U�t'II lZ.ATIUN OF:FY'
2001 LTTEXP>r�1DEll 'FUNDS .. II T: VICI3 CHAIRMAN GORT'S OPER 1?IONAL; BUDGET,
AT CLOSE_OF. SAID FISCAL YEAR'ELIDING,-SEPTF.IVIBER!:30,'2'w,FOR,PROPOSED
FIItST CLASS!PARK INT LITTLE HAITI'
Vice Chairman Gort: OK. Anything; else? I -low about the Off Strect Parki-ig?
Alejandro Vilarello (City Clerk): (INAUDIBLE) was last week.
Vice Chau -man Gort: It was (INAUDIBLE) last week. OIC, That comes to the conclusion, with
the exception of the --
Carlos Gimenoz (City Manager): You have Item 6, you have Item 33 ami you have, I believe,
one PZ (Planning and Zoning;) item.
Vice Chairman Gort: What is item 6?
Commissioner Regalado: Can I --
Commissioner Teele: in the blue book, and --
Commissioner Regralado: Can I do a pocket item?
Coirmiissioiler Tee le: no, no.
Vice Chairman Cort: Gentlemen, I —
Commissioner Sanchez: We'll get to your pocket item,
Vice Chairman God: Gentlemen, 1 apologize —
Commissioner Tecle: If you do the pocket item, he'll leave.
Vice Chairman Gori: 1 said I was going to leave at 6;30.
Chairman Regalado: No, no. Actually, it's -- I think this pocket item is important, because it's
something; that the Conunission discussed —
Commissioner Winton: Well, let's go to the next item, whatever it is, and move on here,
Vice Chairman Gori: Gentlemen, I apologize, but 1 have to leave, as I wa:: supposed to have left
at 6:30. That's still a while. Ms. Willis, 1 want you to know we're in full support of your park,
and we're supposed to be receiving certain donations, which I'll forward over to Commissioner
Teele so it can be used in your park. And, also, I'd like to check with the City manager and the
Budget Department, 1 understand we're going to have some - I'm groins; to have sonic funds
258 Septornber 25, 2001
corning out of my budget, same unexpended funds. 1 would like to use that in the parks,
especially for the --
Commissioner Tcele: You need to move that —
Vice Chairman Gort: I'll make a motion.
Commissioner Teele: I mean, if you — today is the last day you can do that.
Vice Chairman Gort: make it a motion.
Commissioner Winton: Sccond.
Vice Chairman Gort: All the unused funds by my district the -- by my office, which I understand
is close to eighteen thousand dollars (S 18,000), be moved on to Little Haiti Park -
Commissioncr Sanclicr: Will be allocated to the Little Haiti Park.
Vice Chairman Gort: Allocate it to the Little Haiti Park.
Commissioner Tecle: (INAUDIBLE) that money.
Commissioner Sanchez: All in favor say "ayc."
The Commission (Collectively): Aye.
Vice Chairman Govt: Thank you.
Commissioner Sanchez: Aiiyone opposing, having the same right, say "nay." Passes
unanimously.
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO, 01-1026
A MOTION INSTRUCTING TI -113 CI'T'Y MANAGER TO AUTHORIZE'
ACCEPTANCE OF CERTAIN 13ONATIONTS TO BE RECI IVV;3D 13Y VICE
C1-IAIR.MAN GORT, ALONG WITH THE UTILIZATION OF FY 2001
UNEXPENDED FUNDS IN VICE CHAIRMAN GORT'S OPERATIONAL
BUDGETA'T' THE CLOSE OF SAID FISCAL YEAR ENDING SEPTEMBER
30, 2001, FOR THE PROPOSED FIRST CLASS PARKIN LITTLE: 1-IAITI.
259 Scpte,mhcr 25, 2001
•
•
Upon being seconded by Commissioner Winton, (lie motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifi•edo Gort
Commissioner Tomas Regalado
Commissioner ,toe Sanchez
Commissioner Arthur L. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None,
ABSENT: None.
260 September 25, 2001
67. CO.mwNTS.-, BY COMMISS QNBR REGALADO. REGARDING GREATER MIAMT
CONVENTION AND VISITORS BUREAU hTOT `'B*h1NG DILLGEN`J' iN EFFORTS OF,
MARKETING SUPPORT FOR'CARRACE IN DOWNTOWN.
Commissioner Regalado: Mr. Chairman, before you leave -- I'm not going to do the pocket
item; although, it was related to this. But, I have to say this. When we discussed the car races in
downtown, I, personally, tried to get more for the City, and you all approved it. 1 felt a little
guilty when Commissioner Teele said, "Well, you know, because of you, they're going to have a
problem." I organized a meeting, which i attended with Bill Talbert and his staff. So, the
Greater Miami Conventions and Visitors Bureau will help them in marketing, not in money, but
in support and the staff. They promised that. 1 am your representative on, the Greater Miami
Conventions and Visitors Bill-eaU. After the meeting that we have in our office about a month
and a half ago, twice the meetings that they were supposed to have were cancelled. Calls have
not been returned. So, here's what I need from all of you guys. If, by October 11, the Greater
Miami Conventions and Visitors Bureau has not come forward to do what they promised, in
front of me, as your representative in the board, to help market and promote the races in
downtown, I will ask ,you to relieve me of that duty. And I would also rolquest that one of the
priorities of this next session will be to start a process to -- for the City of Miami to separate from
the Greater Miami Conventions and Visitors Bureau; to use our tax dollars, bed tax dollars, to
create a Miami Conventions and Visitors Bureau, and that we seek the approval of the.
legislature.
Commissioner Winton: You're telling me that -- did I hear you say that you've made phone
calls, they've made commitments, you tried to follow up on the commitments, they don't return
your phone calls, and they've done nothing?
Commissioner Regalado: They don't return their phone calls.
Commissioner Winton: Oh, they don't return their phone calls, the race people?
Commissioner Regalado: The race people. So, I mean, we did not request any money. We just
requested suppotl, personal and technical support. And I think it's only, fair that they would
provide that. It's a major event. So, you know, if they don't want to do A, fine. But if, by the
next Commission meeting, they have not met, I would ask you to support to ask our lobbying
team to start a process, so we can separate fi-om the Greater Miami Cot}.ventions and Visitors
Bureau.
Commissioner Winton: Well, I'm not sure, Commissioner Regalado, that it may not be smart to
-- to and I'm a supporter of tile, Greater Miami Visitors and Conventions Bureau. I think that --
there are some things that .I would like them to do different, but I'm not ..urc that, strategically,
We wouldn't be smart to be able to control our funds, like Miami Beach docs, and it' we choose
to put then into Greater Miami Visitor and Convention Bureau, that's our choice. But you
certainly have a heck of a lot more leverage if you're holding the dollars and make the decision,
as opposed to just (UNINTELLIGIBLE). So I'm not sure, Strategically, �Wre not smart to do it
anyhow.
26'1 Septomber 2.5, 2001
•
Vice Chairman Gort: OK. So you have a motion? Do you have a motion?
Commissioner Regalado: No, it's not a motion. It's just --
Vice Chairman Gort: It's a message.
Commissioner Sanchez: A recommendation. It's a recommendation.
Commissioner Regalado: It's not a message. It's an ultimatum.
Vice Chairman Gort: rine. OK. I apologize, ladies and gentlemen, but I hive to leave.
Commissioner Sanchez: All right.
Note for the Record: Vice Chairman Gort left the chambers at 6:50 PM.
262 Septo tuber 25, 2001
COMPLAINTS AGAINST THE DEI. ARTM1✓NT OF: FIRE-RESCJ.UE �CIARDING, CITIZEN
68. PERSONAL APPEARANCE BY MS HATTIE WILLIS RE
Commissioner Teele: We have Ms. Willis here, who is here for item number what? 5? 6?
Commissioner Sanchez: Item 6.
Walter Focman (City Clerk): Item number 6.
Commissioner Sanchez!: That is -- go ahead, ,Ms. Willis.
Mattie Willis: OIC. I have a statement that i would like to read before 1 male my comments.
Commissioner Sanchez: Wait. This is a personal appearance to address the Commission
concerning the ):ire-Rcscue issue?
Ms. Willis: Yes, sir.
Commissioner Sanchez: OK. You're recognized.
Ms. Willis: Yes. My name is Hattie Willis, and i'rn the President of Community United. 1
would like to read this statement first. I stand before the Commission today with a saddened
heart and a bruised spirit, because my family and many other families of the City of Miami has
civil rights, has been violated and taken for granted. My integrity has ll,xn questioned. i am
appalled and disenfranchised by the behavior of the City of Miami Police Fire -Rescue
Department. I am -- 1 am disgusted that they would wall: into my home and any other citizen's
home and use the type of racist and racial profiling that I am speaking about today. Supposedly,
America is the greatest country in the world. 'However, four weeks ago, my family and I were
placed in the position of shock and rumbled my faith and trust in America, the beautiful, The
Constitution was written by the people, for (lie people. Somewhere along the lines, the sworn
officers of the City of Miami Fire -Rescue, who has been entrusted with oui lives, to keep us safe,
forgot their sworn duties. The Constitution states that all people are cremed equal, It does not
include -- it docs not exclude the people who are poor, uneducated, handi,apped, have different
religious beliefs or the color of their skin, because -- because their lives are in -- they live in
certain neighborhoods. It states all people have this right. The City of Miami has a cancer, and
(lie cancer has been growing and mattering in the body of the City of Miaird for the last 20 years.
Corruption and scandal has plagued the City of Miami goveminent for the last 20 years or more.
It is because of the embarrassment that we know as the -- that has taken overall of Dade County.
It is now time for the people to stand up and take back their City, and earn: their respect that was
lhcld in such high esteem all over the world. Dade County was once a Mace where everyone
wanted to live, to negotiate business, to make business deals, and we loved and respected our
City. The cancer has -- the cancer now needs to be cut out and removed from the body. 1 stand
before the Commission today as the servant of the people to remove this cancer that's been
instilled in us. Chief Bryson needs to be removed, along with the City Manager and replaced
with men and women of integrity and high esteem that feels this way for the Constitution of the
United States, that has lionor and respect for the people of this community. We go all around the
263 September 25, 2001
world telling other countries how to stop violating human rights and civil rights. We are a —we
are "hypocratia." Our government is still allowing this to be nourished in our communities, tile
racism and the demoralizing. And in closing, I aln asking the Commi., sion to ask the City
Manager to launch an investigation into the behavior of the City of Miaali .Fire -Rescue. I'm
nervous, and I'm upset, and I guess it's coming through, but I Nvant to say this. This is what
happened to me. Everyone in this room, they know rile.
Commissioner- Teele: You've got to talk in the mike, ma'am.
Ms. Willis: Fveryone in this room, they know me. I've worked in thi:, community for five
years, six years. I stood heihrc this Conlllllssioll, and it's so powerful today that the
Commissioner is bringing me back today on something that lie knows is dear to my heath.. My
park. You all know tile. You know my family. My son has never been in trouble with the law.
He's never did anything wrong. I've always fought for the people. The firat time I stepped up to
this podium, it was because eight drug dealers raped an 1 1 -year-old child in my neighborhood.
.And 1 had the City of Miami Fire -Rescue conte into my home four weeks ago. They abused me
verbally. They walked in there. They found the in a crisis. I had had surgory and I was post-op,
three days. And I woke up in a puddle of what I thought at the time was blood. And I went into
my bathroom, because 1 was dizzy and weak. And I was sitting on the toilet. My son, lie was
trying to protect his mother's virtue and his honor.. Ile had novel- seen ,t man see his tllother
without clothes. We both were hysterical. We both were upset. The voices wore loud in my
house. But if you're feeling that way and something like that happens to ym, you're going to be
upset. Instead of then, coming Into my home and trying to calm the siti.lation, they increased
what was going on in my borne. My son walked up as they were taking care of the in illy
bathroom and taking my blood pressure to take care of nse. He wanted to give me my clothes,
my gamlents, to cover his mother, He tapped one of the -- he tapped the lieutenant oil the back
Of the shoulder and said, excuse me. My son is a very quiet, mild-nianner.;-d person that doesn't
even speak loud. Ilis mother has the loud mouth. And this tllall turned around, rigidly and
violently, and said: Get your hands off me, don't touch me. My son jumped back, against the
wall, out of fear for his life. I then knew how the young man felt when Ile was running across
the roofs and the City of Miami Police Department was shooting at hall. I feared foamy child
and myself s life. As this happened, 1, at that time, thought that he had hit my son. They wanted
to take me to the hospital. I wanted to go to Coral Gables Hospital. 'Thry told me: No. You
either bo to Jackson or you stay here and you die. We're not taking you to Coral Gables
Hospital, It started back and fortis, words, iviy daughter was on the phcille. She said: Mon,,
don't stay there because something bad may happen to you. Please, go with them. 1 went with
them. As I got to the hospital, I got out of the ambulatice, and there wa,,. a police officer there
from Dade County. And I Screamed and beckoned for hila to come and take a report, because at
this time, I thought that this gentlellsan had hit my son. When I got inside of the hospital,
nothing was done the way it should have been done. But finally, 1 did, and in the end of all of
this, the intern, he's walking out the door and lie's having a conversation with the police. And he
says that: She's a stupid bitch and she can kiss my ass, And T turned around and I looked at hien,
and 1 said: You're the servant of the people. And the police officer, I asked you to come and
take a statement (roll, the to find out what happened to nhe, and you did nothing about it. And
then he walked away, and both of them, and lie said he was one iii five mi Ilion, and T could go to
hell, Do you know how l felt? He, who fights for everybody else's causes? The bottom line to
264 Sept,;nlber 25, 2001
this is to say this to you: This happened to me. I know they're going to stand there and say their
pail of it. 1 gave you a manual. If you read it, it looks like the barbecue Darn. Everything is a
contradictory from one page to another, I'm asking the Commission to take this -- do what they
did; they said they were going to do. The Chief said, when 1 gave the complaint, it was supposed
to be taken are of by Management Services. It never got to Management Services. The Mayor
and the Commissioners sent them the request from me, the written consent and said: Look into
this. Chief Bryson's look into and the Manager's look into it was they called up the three
genllenicn that this was about, and asked them their side of the story. And they decided that that
was it. And if you look in there, you wiil sec his report. It said: I've taken care of the issue, and
it's done. And lie sent that back to the Commissioner. After they found out that T was a.
community activist, a somebody -- And sec, this is what I want you to understand,
Coimnissiotiers, because I'm standing here today, and I'm going to make this short. I'm a
nobody. f. should have been treated the same way that anybody else was t:-eated in their homes,
when they pay tax dollars to have these people take care of then.. Now thu( they found out that I
am a somebody, what they call -- because 1 still feel like I'm under the bridge. I'm just anybody
in the City of Miami. I don't ever feel that way -- now, they're doing an investigation. They're
doing an investigation. But you read what happened before, and then you read the after. Not
only am I here to speak to you, Mr. Williams is here to speak to you, where his report was just
thrown in the garbage can. There's something wrong inside the City of Miaini Fire Department,
Rescue Department, and I'm going to say this to you and end it with my speech. No man, not
even you -- you have someone to answer to. The President of the United States has to go to
Congress to declare war. This man has all power. A complaint comes in his department. It
doesn't go through anyone. It goes to him, and lie determines whelher it's going to be
investigated. This cannot be. You have to do something about this. And I'm sorry to have
brought this to the attention, and I want to say this, too. Chief Raul TV:artincz and the other
people in the Fire Department, everybody is not bad. And I've worked with all of you. f take
many flack from my community every day, because 1 stand up and I uphold Chief Raul
Martinez. Do you know what people say to me when I go home? But he's done good work in
my community. And you've all done things to help me. And Fin asking., you to look into this
situation. You know me. You read this. You take it into your own con sideration. And now,
l'ni going to yield to Mr. Williams.
Commissioner Sanchez: Thank you, ma'am, Sir, state your name and your address for the
record, please.
Derrick Williams: Derrick L. Williams, 7500 Northwest 4"' Avenue. I had an accident on
Christmas Eve 2000. T -- Ms. Willis and I had just mct with Chief Mr(rtincz a week or two
before that, December 2000. And that was about November we met with thief Martinez, and as
servants for the people in the Little Haiti area, we were -- after that meeting, I felt even -- even
the more commissioned to serve the people and to be available. After the accident, we called
Fire-Rcscue. T was nervous, of course, shaken up, on my way to church. Somebody rear-ended
me. To make a long story short, I don't feel 1 was treated the way that I should have been
treated, or given the attention that 1 was supposed to have been given. T tiled this complaint and
mailed it to Chief Martinez. He, in return, forwarded it to Chief Bryson, vrho 1 did not receive a
response from. And this is September. Today is September 25'". T have not received a response,
Chief Martinez dated his letter, if I'm not mistaken -- it's in the portfolio -- January 22"". And
265 Sept(:mbcr 25, 2001
on last evening, September 24`x', at about 9:30, 1 had a letter on my desk when I walked in the
door that was given to my mom from Chief Bryson, responding to my complaint, and saying that
something was going to be -- there was going to be an investigation, call and we can set up an
interview. But here it is nine months later.
Commissioner Winton: You bot that response when? What was the date?
Mr. Williams: September 24, 2001, at probably around 9:35 p.m. Last night, last evening. l
don't understand. And we're supposed to be liaisons for the government, for the people, people
who really don't know how it works, a lot of them who are not able to stand up for themselves,
or have the fortitude and confidence to speak, what do they do? Peoph, have told me many
times: Oh, I've been mistreated, they've cursed me out, I haven't had f+.ie opportunity to say
what was done with mc. They just said, you're OK, go, go, go, you'll b,, fine. Well, and it's
happening. It's true. And like Ms. Willis said, not everyone is bad, but those that have a
problem, they need to be -- they need to have a look. They need to be examined.
Nathaniel Wilcox: Good evening, Commissioners. My name is Nathaniel Wilcox. I work at
150 Northeast 191" Street. And I'd just like to mirror some of the concerns that Ms. Willis and
brother Derrick was mentioning, because one of the things that we did is 1:ake a look at not just
their cases, because, you know, you'll just say, well, we just have a couple o1' people
complaining about the treatment that they received from the City of Miami Fire Department. But
what we did was take a comprehensive look at the numbers of complaints t`iat has been lodged in
and toward the Fire Department. And we also met with Mr. Bryson and he mentioned that, well,
You know -- and the Manager -- and lie said, well, you know, we have :;o many thousands of
calls that are made, over 70,000 calls that are made each year, and we have a small percentage of
those complaints that are made against those 70,000 calls. But I'd like to ask each one of you, it
you were to make a complaint, each one of you Commissioners, if you were to make a complaint
to the Fire Department, would that complaint be small and insignificant? To you, that complaint
would be very important. And to each citizen of those 75 or 100 more citizens -- plus citizens
that have made their complaints, to them, their complaints are important. And just to read a
couple of them: Inappropriate and rude behavior; did not transport him aid lie had a stroke the
following morning; Inappropilate comments; inappropriate treatment; th, crew was calloused
towards this individual. And we're paying people twenty, thirty and forty thousand dollars a
year plus, and the guidelines, disciplinary guidelines said officers are encouraged to use
supervisory skills in correcting minor problems before they escalate into major ones. And we're
finding that this is not being done. And when a - a citizen complaint, many times, these
complaints are swept under the rug, like Mr. Williams' complaint was he didn't get a reply till
last night, when they (bund out that he was going to be here today. So how many other citizens
have made complaints to this very same hire Department, who's going to be standing up here,
,justifying all their actions, have made complaints, trashed them, and thcy':•e not a part of that 75
to 100 complaints that they're going to say that, that's all we get per year? So we feel that --
Commissioner Winton: 1xCusc tile. Over what period of time are those 75 or 100 complaints?
Mr. Wilcox: A year. From a year.
266 September 25, 2001
•
Commissioner Winton: Thank you.
Mr. Wilcox: Last year. And we'd like to also know, flow arc these complaints investigated? it's
supposed to go to Management Services. So out of all of those complaints that were lodged,
how inany of those complaints went to Management Services, which iE, supposed to do the
investigating in complaints that are made? How many of those complaints went to Management
Services? So we're concerned that we don't want the citizens to be the reci,)ients of what the fire
fighters has been, scrotum to the head. We don't want the public to receive that type of
treatment from our fire fighters, .from our Fire Department, which is being paid major dollars.
And we're asking for a formal investigation into how these complaints -- Low citizens are being
treated, and how these complaints arc being resolved by our professional Dice Department.
Commissioner Sanchez: OIC. Chief.
William Bryson (Chief, Fire Department) Chief Bryson, Department of Fire -Rescue. A couple
of things I'd like to cover, and then I'll talk about a few specifics. First of all, Ms. Willis'
statement that we found out she was somebody. I told Ms. Willis from the very beginning that I
could care less if she was somebody, that everybody ought to be treated alike, and that we were
upset about anybody who complained. Secondly, 1 will not justify all our actions today. I'll
admit some guilt on some things. I take every complaint that comes to my desk very seriously.
Our goal is no complaints. Unfortunately, that's not going to happen. But when I get there, I
take very diligent action when I know about them. There has been some problems, and I'm
going to admit those problems. The Department has a great record, but it can always improve.
We understand that. We average about one complaint per thousand runs. 'That's a fact. We -- a
lot of those one per thousand are verbal. They require nothing more than ai little follow-up,
because citizens may have a little bit of an issue, but they're OK with it, once we've talked to
them and talked to the crew. We get about 88 different complaints over a three-year period, 'I9
and 2000. Of those 88, one is related to racial or ethnic bias. The rest havo to do with treatment,
transport, other type of issues. One Of the things that Can1C Out Of (his that. I thank is good is the
fact that 1 have to apologize to Mr. Williams. I did receive his complaint from Chief Martinez,
and I [lid forward it oil to the emergency response division for investigation. Unfortunately, and
I'll take the responsibility, it disappeared. And it didn't disappear on purpose, but it got put
somewhere, and next thing I know, when Ms. Willis' letter came, asking about Mr. Williams'
complaint, I said -- I asked her, 1 called her up. 1 said: What is the Williams' complaint? And
she sent me a copy, and I remembered it, and I followed it Lip, and we tried to pick up the slack,
send him a letter saying we had made a mistake. We were in the process - because we hadn't
taken his statement nor the police officer's statement, we did not rule on this complaint. We sent
him a letter to let him know that we were picking it back up, and that rve were sorry about that.
The main thing is our complaint process, I found, is not good. it's not antral. It should be in
my oft -ice. That's where it's going to be. I'm going to know about every complaint that conies
in, because I've found that the most inlpoilant thing we can do is satisfy our citizens and make
sure ,when they complain than they know that we've received it, that they Set a follow -Lit) oil it,
that I get it assigned to the right person, and I have follow-ups myself' to make sure that it
happens that way. NoNv, specifically, in Ms. Willis' case, unfortunately, there's always two sides
to every story. It was turned over to Management Services after the initial investigation and a
letter that i sent Ms. Willis. l have been totally accessible to Ms. Willis. She has my number in
267 Septimlber 25, 2001
my office, illy direct number, We have talked, we've met and I thought it fairly cordial.
Management Services on her case conducted nine interviews, including Us. Willis, her family,
the rescue crew, the Metro -Dade officer who was at JMI1 (Jackson Memorial hlospital) and one
of the JMH nurses. All statements concerning the issue were also reviewed. The investigation
revealed the following: Ms. Willis -- and this is in a nutshell -- Ms. Willis became very irritated
when told that she couldn't be transported to Coral Gables Hospital, that our protocols dictated
she be transported to either Jackson Memorial hospital or Cedars. Prior to that, she mistakenly
thought her son had been assaulted. If that was nie, I would have been upset. If it was one of my
children, that would have set the tone through the whole run. And if she was upset over that,
that's in Instinct as a parent, and I completely understand that. She - at that point, her daughter
talked her into going to the hospital, but she refused to allow the rescue cr.w to treat her. They
wanted to start an 1V. They wanted to start on a Code 2, but at that point, she was very
uncooperative, and the crew was standing off. 'file lieutenant did air on sonic -- she didn't bring
it up, and I'll bring it up. She asked him for his badge number and name, and lie referred her to
the report. 'That's against our rules. Management Services has requested appropriate discipline
for that, and that's setting on my desk right now as we speak. All other allegations concerning
the statements made, the cursing, et cetera, cannot be substantiated by the tapes that we have, by
the people we've spoken to. As 1 explained to Ms. Willis before, that Hoes not gLICSt10r1 Ile] -
integrity. '['hat means it cannot be substantiated. This is not calling anyone it liar. The problem
is I have no proof. And she says people know her for the past five years. Well, 1 know this
lieutenant, and that crew has worked here for quite a while. That lielltcna:it has 24 _years on the
job, and does not have one citizen's complaint against him. And that lieutenant's 24 years is up
in the north end of town. So I cannot just at will discipline somebody when I can't get proof
from Management Services that said they did anything wrong. And that's our case.
Commissioner Sanchez: Ms. Willis, two nlinutes for rebuttal. Or --
Ms. Willis: 1 just want to rebuttal this. And the first thing 1 want to say is, you look inside of
your portfolio and you'll find another complaint from a woman against Hint. The second thing is
that there is a form --
Commissioner Sanchez: Against that --
Ms. Willis: Against that same lieutenant. It's inside of your portfolio, all(] all of the other
complaints that we put together. The second thing to that is that on lily report, which is inside of
there, it says basic life support. Inside of their policies and procedures was in the last part of
,your book, it will tell yogi that if a patient has basic life support needs, they can be transferred to
any hospital they want to. And the last and final thing that's inside of your report that you
should look over is, look over what was written and said by each one of these people, and you
will see that there's contradictory statements between them. And i never signed a refusal of
treatment forms from anyone, and no one asked me for that, and I never r,.fused treatment. The
only thing I said was I wanted to go to the hospital. And last, but final, in the integrity, and in all
honesty, and Chief Jackson is standing there, and if Chief Maroc -- he would say this to you.
This is how I feel about what l did. When I first gave the initial statement to Chief Marec, 1
thought that he had hit illy son. I did not want him to be blamed for something that he did not
do. 1 made a phone call down to the City hire Department the next day, and retracted that part of
268 Septonlber 25, 2001
my statement, and said 1 would not want to blame a person for something that they didn't do. i
only want him to be reprimanded for what he did do. So, now, I asked you if I went above to do
that, do you think that 1 would be lying about the rest of this? And that's the end of it.
Commissioner Sanchez: Anyone from the Commission want to address this? Commissioner
Toole, you have the floor.
Commissioner Tecle: Thank you, Mr. Chairman. In light of the events of September 11"', and in
light of our -- this country's deep concern about safety, this particular complaint and situation
comes at a very inopportune time. But nevertheless, this City Commission has clearly failed to
protect the citizens if we are to believe the most recent indictment by the U.S. Attorney relating
to police activities. l have a vague recollection which until this gentleman from PULSE (People
United to Lead the Struggle for Equality) made a statement as a citizen, I was serving in the
County, of some antics that went ort which appeared to be sort of fraternity things. But when
YOU understand that these were racial, whore you are putting a person's organs on top of a
person's head, blindfolded, which this -- if the Herald report was correct, I have a vague
recollection of this same years ago. And the kinds of thing that went on long before any of us
were here in the Fire Department is what PULSE is reminding us of. Acid 1, 1 have a vague
recollection. I don't remember the incident, but the word is offensive, .1 think, in the public
context of putting that particular organ on someone's head. Now, l told PULSE - and you all
wouldn't listen to me -- that in my mind, we're going to wind up seeing more complaints from
NET (Neighborhood Enhancement Team) abuses and Fire abuses than from police abuses. You
remember, I kept raising that concern? We were talking about the Citizens Review Pancl. And
the argument from PULSE was, you may be right. but none of them can kill you. Only (lie
police can kill you, because of the gun. But, you know, you can kill a person with a glue, and
you can kill them with these. You can destroy someone's spirit. And that's what I really fear is
happening with Ms. Willis' son and the people that aro affected. We have a breakdown in the
way the City addresses these things. There is no question. There is a breakdown. And we've
got to go through this incident as Chief Bryson has said, and try to find some good that can conic
out of this by reviewing the way we do our business. 1, for one, believe that the City must create
within ourselves, before the public demands it, a somewhat independent process for non -police,
because we're going -- we don't need to have investigators investigating the investigators now,
and checkers checking the checkers. But I'm really more concerned about the NET offices and
Building and Zoning officials, and the Fire Department than I ant really about the Police
Department. And I say that because with the federal government looking at the Police
Department, you know, that situation is going to -- there will be no stone left unturned. I have
total confidence in the U.S. Attorney on that issue. What. I. think we've got as an opportunity
now is to recognize with our Fire Deparhnent, with our NFT offices, with Building and Zoning
Officials, with officials with badges, we've got to come up with a process. And it needs to start
with the fact that the Police Chief, or the Fire Chief, or the NET Administrator should not be the
person doing the investigating, because there is the collegiality. There is just what someone said.
i've known him for 25 years. And that's -- I've served in uniform. I've served in combat. And 1
can tell you right now that there is a "camaraderie" that develops when you're in uniform. That
camaraderie is good. It's that teamwork and camaraderie that makes people work together, and
go in "together, and fight fires together, and Ringo down the street and chase the guys together.
But that camaraderie is bad, can be bad when you have circumstances and situations where a
269 September 25, 2001
citizen's word is not going to get the same consideration as the person who has worked with
somebody for ten years or 15 years. That's human nature. That has nothing to do with racism.
It has to do with human nature. And we've got to correct that, 1 think, Mr. Manager and
Commissioners. And quite candidly, 1 have not done anything on this matter, because i've read
the Charter. The one thing that we cannot do as individual Commissioners is impose ourselves
in disciplinary actions and promotional and hiring decisions that are taken by the City. That is a
prohibited activity tinder the Charter. And so I feel just as abused in many ways as Ms. Willis
does, because there is nothing 1 can do to give her other than comfort. But what I can do as a
Commissioner is ask the Manager First to look into this matter and to report back to us within 30
days with a complete matrix of the -- not by name of individuals, but a matrix of complaints that
have been filed and how they have been answered over the last two to Five years, and whether or
not there is a tracking system that is being done to do (fiat. And then we're going to have to
prepare legislation. And 1will tell you, Mr. Attorney, the legislation that I'm going to be
proposing is that in all matters involving; enforcement officials that a separate office be set up.
And if necessary, we ought to go out here and hire some retired judges or somebody to do an
arm's length investigation and a report to the Manager or to the appropriate people, because we
cannot afford coming off ofwhat we're coming off of with the Police Department where we now
have got to turn this whole thing over to the Feds, that we don't have an opportunity to clean it
up. Now, the other thing we can do is we can refer the whole matter to tile. State's Attorney,
right here, right now. But I'd rather at least take 30 days before we do that, and look at this thing
internally, and see if there are some recommendations that can come out. 1 believed -- and I'm
going to be very honest with you, Mr. Manager -- I believe that the Department had ample notice
and opportunity to come up with a much better response than we had. Ms. Willis was scheduled
to conic on the agenda two weeks ago. Some of its said, Ms. Willis, let's have a little confidence
in the system. Let's wait. And if, in fact, she was delivered or Mr. Williams was delivered a
letter last night -- and 1 have to believe that that's true -- then clearly, we've got a breakdown in
the system, because there's just no way that a letter or complaint could be wandering around in
cyberspace for nine months without. something being wrong with the system, if that complaint
was tiled. And obviously, it was filed through Chief Martinez' office. So fortunately, in this
case, there is documentation from a neutral third party that there was an issue.
Clhicf Bryson: Commissioner, I've admitted Khat. I've got it.
Commissioner Teele: Well, the issue is not that complaint. The issue is the systenn. That's the
problem. It's not that complaint. The issue is the system. And so I -- I want to give every
benefit of the doubt to our men and women who serve this community in the Fire Department,
the Police Department, NET offices. But at the same time, we've got to understand that it's the
taxpayers, it's the citizens that we're here to protect equally. And we cannot have a systcan that
does not protect our citizenry. And I am pleased that the union president is here, and I certainly
would like to hear from the union president on the matter, if you'd like to say something.
Commissioner Sanchez: Any other Co117rnnlSSlotnel- wishing to address this issue? Commissioner
Regalado,
Commissioner Regalado: I've got a question. Mr. City Attorney, checking the agenda (lie other
day, 1 saw a case regarding a legal case that the City settled, because of Fire Department
270 September 25, 2001
personnel not following the protocol. Do we have a number of these kinds of cases, recently, or
would you say that the police is more prone to he sued than the faire Department?
Alejandro Vilarello (City Attorney,): Based on the nature of what they do, the Police Department
and the Fire Department, yes, there's going to be more litigation arising out of the Police
Department. T am aware of the last three years of two Fire Department cases. One was an
automobile accident, and the case that you recently talked -- that was more recent that we settled
that was an issue of following protocol. The gentleman to my ]ell may be able to address how
many Fire Department liability cases we have on the books. it's not -- it's riot many.
Commissioner Regalado: But they did not follow protocol on this case, on this case that was
settled.
Mr. Vilarello: in the case that Nye recently settled'?
Commissioner Regalado: Yes.
Mr, Vilarello: There was an issue as to whether or not protocol was followed.
Commissioner Sanchez: OK. Mr. Newman, you have the floor.
Edward Pidermann: Yes. Edward Piderrnanit, President of Miami Association of Fire Fighters.
Commissioner Sanchez: Sorry. Pidermann. Sony about that.
Mr. Pidermann: It's all right. First of all, Commissioner Teele, with all due respect, I'm a little
disappointed that you allowed yourself to fall into the trap of believing that these individuals
were guilty before anything has been substantiated. What apparently has happened in this case is
that a slew of garbage has been thrown against the wall, and they're waiting to see what, if
anything sticks. And the only thing that appears to be sticking is the slime that's running down
the wall. These gentlemen should be thanked. by Ms. Willis. 'These gentlemen found her in a
crisis. She even mentioned those words, "in a crisis. She was weak. She was dizzy. Our
protocol, which is overseen, not by Chief Bryson, not by Chief Kemp, not by Chief .lackson, by
Dr: Kathy Shrank (phonetic), a medical doctor who oversees our medical protocols, she is the
one that establishes what happens on medical scenes. Nobody that is on the Fire Department
staff makes those decisions. It's a medical doctor. And our protocols dictate that the officer on
the scene has the ability to determine if somebody is in a crisis mode, if somebody is -- needs
immediate assistance. And that officer, who has 20 plus years of medical experience, made the
decision by -- and it's even obvious by some of the things that Ms. Willis said -- in a crisis, in a
pool of blood, weak and dizzy. Those are very clear signs and indicators of a severe hemorrhage
that could lead to shock. That officer made the exactly correct call in insisting, for her behalf,
for her sake that she be taken to the nearest capable facility. Sometimes, patients don't have the
clearest mind to be making; those decisions on insisting to go clear across town to another
hospital. Those officers saved her life that day, very possibly saved her life by insisting that she
betaken to the nearest capable facility. And to compound it, wliat even makes it even inure clear
that they made the right decision, when she refused to he allowed to start an IV that would allow
271 September 25, 2001
to keep her blood pressure up, to try and control her bleeding, refused to allow them to place
oxygen on her to keep her safe, that even reinforced their decision to have her taken to the
closest facility. I'm a minority. ]'m a Hispanic, And the last thing I would ever want to sec is
any other Hispanic playing the ethnic card. When there is clear discrimination against a
Hispanic, all of the False accusations dilute the impact that that has. What's happened here today
is that the complainants have done a disservice to all African-Americans by claiming the race
card when it is not to be played. It should not be played. Lieutenant Hosmer has worked in this
City for over 24 years. Twenty-four years. Senior man. He has worked up in the Little Haiti,
Liberty City area for all of his 20 plus years, all of them. As a senior person, he could work in
Coconut Grove, he could work in Brickell, the Roads area, he can work in Little Havana, he can
work in Allapattah. He can work virtually any part of this City. And .Lieutenant Ilosmer
voluntarily has chosen to spend his entire career serving the citizens of Little Haiti and Liberty
City, by choice. There is no way -- I know Mike flosmcr for lG years. Mike I-Iosrtrer is not a
racist. And what has happened here today is you -- it is virtually impossible to disprove a
negative. You throw the accusation out, and the slime sticks. The slime is -- the slime trail is
there. And it's virtually impossible for Mike Hosmer to defend his character and defend the fact
that he is not a Kleist. And I just -- and I think that, Commissioner Teele, you had a good
suggestion. This should be sent directly to the State Attorney's Office. Send it. 1 think that's
exactly what should be happening here. Send it. And that outside entity can take a look, took at
that entire allegation, and it's going to conic back that nothing happened that day, other than the
fact that that those three gentlemen, especially Mike Hosmer, who is the lieutenant in charge of
that unit made a life-saving decision, and Ms. Willis should probably thank hint. Send him a
thank you note and thank him f'or saving leer life.
Commissioner Teele: Mr, Chairman.
Commissioner Sanchez: Conunissioncr Teele, you arc recognized.
Commissioner 'retie: Let me say three things litre on this. Number one, I think it's most
unfortunate that Mr. Pidermaun would put on the record two things that no one else put on the
record. Number one, i think iVls. Willis was careful not to call the lieutenant's name. The only
person who has broken the code and placed the individual officer's name that's in question,
unfortunately, is Mr. Pidcrmanrr. That's most unfortunate, because to my Liowledgc, 1 have not
heard the name, and I don't think -- and every time that I preside, I don't allow -- :I would have
cut you off, sir, because I think that officer is entitled to certain protections, and he should not
have his name thrown around. And 1 would not allow it for one minute, number one. Number
two;Ms. Willis did not, at any point, to my knowledge in this discussion talk about race and
ethnicity of the officers. Until this moment, until this moment, I had no knowledge as to whether
or not one or more of the officers were not African-American. I assumed up until this moment
that at least one must have been, just because if we have any kind of equal opportunity in our
deployment and in our shifts, and in the racial composition of this City, just by the luck of the
draw, there should be diversity ori these shifts. And so that, too, is an issue that you have put on
the record, sir. And thirdly, I don't know where you conic from, but I'll tell you where I conic
From. i come from the United States of' America, sir. And the word, "slime" has never been
associated with the First Amendment Right under the Constitution that I've read. Any person,
whether they are an alcoholic or sober, whether they are highly respected or no one, anyone has
272 September 25, 2001
the right to come before the elected officials and petition them. Even under King George, you
could do it. And I take deep offense to anyone characterizing a citizen who has intelligently
come to this Commission as being slime or throwing slime, because whether I agree with that
citizen or not, whether it be on the question of Elian or the question of Saddam Hussein, anyone
has a right in this country to come before this Commission and be afforded a certain level and
modicum of respect, and without having their name or their complaint disparaged, no matter how
you feel about it personally. And so I take particular exception to anyone who wants to come
back and orchestrate the issue by attacking a person who makes a complaint, i want it to be very
clear that as long as I'm it Commissioner, anyone •- and I said this in the midst of the FIlian
debates, when people were coming; here complaining about the police treatment in Little llavana
-- that these citizens have it r►ghl to be here, whether you agree with them or not. And I will
defend, sir, to the very depths the right of a person, a citizen of this community to come before
this Commission and make statements, whether you agree with them or not, or whether I agree
with them or not. The simple fact of the matter is simply this: We have a process that is flawed.
I have not formed an opinion on the officer, nor do I intend to. That is not my job description.
My job description is to ensure that anyone who makes a complaint is treated, first of all, with it
certain level of diLmity and respect, and second of all, that it is carefully considered and acted
upon. And if the Manager doesn't act appropriately, we either do one, or two or three things.
We either remove the Manager, we fix the structure or the system, or we basically refer it to
someone who can give us a fix, or a structure or it system. But we're not here -- I'm not here -- I
certainly have not formed an opinion oil whether anyone is right or wrong. What I am saying is
that if a citizen comes to stake a complaint, you have to give that complaint a clear process by
which it's going to be tracked and it's going; to be done. The Police -- the Fire Chicf has already
said -- which I think is very serious, very serious -- that anyone who is in uniform who refuses to
let their badge be known has violated procedures. i mean, and that's a serious procedure. For
anyone with a badge, whether it be a NET inspector, a garbage inspector, a police officer, a fire
officer, an FBI agent, anyone with a badge needs to be very clearly counseled that they have the
obligation in their official conduct of duty to let their badge number be known. So, I mean, you
know, I'm not here trying to decide who's right or who's wrong. I said from the beginnings that I
have not gotten involved in this. I've not sent one memo on this. Have 1 called you on this,
Chief?
Chtet"Bryson: No, sir.
Commissioner Teele: Have I sent you a memo on this?
Chief Bryson: No.
Commissioner Tecle: O.K. So let's be real clear here. I've read the Charter. And I know what
my duties are. And I know the first duty 1 have is not to interlbre. OK? But I also have the duty
to ensure that the citizens that come here are treated with some -- especially the ones that I
represent -- are treated with dignity and respect. And I don't care who you are or who you
represent, you are not going to disrespect somebody that I represent, not as long; as I'm a
Commissioner. And I think you owe someone an apology, sir.
Commissioner Sanchez: All right. Sir, you're recognized.
273 September 25, 2001
0 •
Mr. Pidernlann: Can i comment?
Mr. Wilcox: Yes. I'd like to make my comments, too. So 1'd just like to add to what
Commissioner is saying, because the comments about slime and throwing up against the wall,
that's totally unprofessional, inappropriate behavior and language that you would use against the
citizen that come in and lodge a complaint. N'ow, we talked about this type of behavior. And
this is -- this is basically what we're talking about, the same type of attitude, same type of stride
remarks, rude behavior is what the citizens of this community is faced with. And if he's over the
Utli011, tllcn he represents the saute thing that's going on by his fire fighters. So if he get a -- if a
citizen complain to him, then lie's going to, quite naturally, just side with the fire fighters and
say, well, that's just slime that came in here. Thcy. ain't nobody. So we expect to be treated with
respect, regardless of whether we're out on the street or whether we're here in this Commission
chambers, and not be characterized as slime. We're not going to tolerate that. It's inappropriate.
Commissioner Sanchez: Sir, you're recognized. State your name.
Mr. Williams: Derrick Williams. I would just like to say that i am not --
Commissioner Sanchei: And your address, please. Name and address, Mr. Williams,
Mr. Williams: 7500 Northwest 4`1' Avenue. I would just like to say that I am not a disgrace to
the black race. I and an enlightenment to our black race. And as Commissioner Teele stated,
when I got up and as Ms. i{attic got up, as well, we did not make racial identification. We stated
a problem, especially myself. I did not mention race. It's service. And I'm again, for (lie
record, not a disgrace to the black race.
Commissioner Teele: Let me apologize to yott, sir. What is your profession, just so thatthe
record is clear?
Mr. Williams: A Miami -Dade County public schoolteacher.
Commissioner Teele: All right. Let nlc apologize to you, because whether anybody else docs,
I'm proud of this City. And l think, obviously, some tensions are here, and we need to try to
work to diffuse this. Ms. Willis, I want to apologize to you, You have every right to come. And
I don't want anyone to ever perceive that there is going to be a chilling effect to come to Cily
Hall. It's already awkward enough to come all the way to Coconut (grove for City Hall. It's not
neutrally located. But it's really embarrassing, and it's very dangerous if anyone who conies up
is going to be attacked, And the word, "slime," is associated with that. And I have a high regard
for Mr. Pidcrmann. I've worked with him. I know him. He's obviously doing what he thinks to
be the job of representing the union. But I think, you lalow, we need to all let cooler heads
prevail, because I think what is being said is most, most, most unfortunate. And I would hope
that you could figure out a way that we can come a little bit closer to a meeting of the minds
about the right of people, first to come, and secondly, for this Commission to ask for an
investigation. And 1 didn't ask for an outside investigation. l simply said that there must bean
investigation, one; and two, we must fix the system as it relates to complaints being filed. And I
274 September 25, 2001
stand by those two things. Now, anything else you heard, I'm not sure you heard, because you
really have read it lot into what has been said here Maybe you have facts that i don't have or
some of the public doesn't have. But I think it's unfortunate that you put the lieutenant's name
out there like that, because nobody else did.
Commissioner Sanchez: All right. Commissioner Regalado.
Commissioner Regalado: Well, 1, like Conunissioner Teelc, I feel that this is very unfortunate,
because what should have been a simple decision to investigate and probably discipline an
officer or somebody, or to modify the policy have just escalated into what we don't need now in
this City, a racial thing, and an attack on persons that have the legitimate right to come before the
Commission, So I am -- I don't understand why we have gone so far. I don't -- I hope -- 1
would hope that as the representative of the fire lighters that we just honored this mooting, you
would apologize to these residents, because I think it's very unfortunate. And what -- the thing
that we don't need here is for the press -- I mean, here is an example. Chuck was doing his job
there. So when the thing about "racial" and "slime" and everything, you caught his attention.
And had we had other media here, this would have been a full-blown story on the 1 I o'clock
news. 1 can guarantee you that this would have been really bad for the City, because we are in
the middle of this. We -- I didn't know anything about this until i read the agenda and what Ms.
Willis gave us. But 1 think it's very unfortunate, very.
Commissioner Sanchez: Mr, Manager, you're recognized.
Carlos Gimenez (City Manager): Yes, sir. Thank you. inlet with Ms. Willis relative to her
complaint, and after I met with her, I then met xvith the Fire Chief and asked him to -- there's a
couple of things that i wanted to see. "A," that 1 wanted to make sure that we gather all the
complaints that we had, and put them in a matrix to find out, "A," the type of complaints that
we're getting in the Fire Department; "B," the areas that we were getting them in, so that it -- it
doesn't show that there is a particular pattern in one area versus another; and "C," the names of
the individuals that were being complained against, so that we can develop sone kind of a
system that would identify, maybe, you know, some people that maybe we're having problems.
And that's already in the process of being done. Now, we arc going to be investigating Ms.
Willis' complaint. And in the end, we may find out, you know, whatever it calve up -- whatever
comes out. of it comes out. But in the end, it may find out that we can't substantiate, you know,
sone of these claims. But it's hard to do when you have a "he said/she said" kind of situation.
The one thing that this acitninistration, you know, is committed to and I know the hire Chief is
committed to is that even though we have, you know, less than one complaint per thousand calls,
one complaint to a thousand calls is still one complaint too many. And we're not -- we're: not
going to be happy until we get zero complaints per thousand calls. We understand that on
occasion, we have some of our -- some of our employees may have had a bad day. They're
human, like everybody else. But we will not -- we don't want to tolerate that. We want, you
know, make sure that our employees are customer friendly. Now, the one thing 1 will say is that
sometimes, the protocol themselves puts that paramedic in a confrontational situation with the
family and the patient. The patient may want to go somewhere the protocol dictates that they
can't, and therefore, the patient doesn't understand that sometimes, that the protocol is dictated
by medical necessity and is given to its by the Medical Director, and that we have to follow that.
275 Septennber 25, 2001
And if, in fact, we don't follow that, if we don't follow those protocols, then you bet in situations
where you get -- you can be held liable. And I'll give you an example. There was a case a
couple of years ago where an individual wanted to be transported to a hospital, and the
paramedics did not want to take him to the hospital, and they acquiesced to that patient's
demands that they wanted to go to (lie farther away hospital Well, that patient died, and the
husband sued the Tire Department and won, because the paramedics should ]lave known better.
So even -- the protocols themselves place these individuals in a confrontational situation.
Besides that, we want Zero complaints from our patients and our citizens. And we're going, to,
you know, look at this and also make some changes in the way that the complaints are handled. I
have no problem with everything going through the Fire Chief. The problem that we had before
is that things were being reported. Complaints were being reported and he never knew anything
about them. lie's not going to be investigating them. lie's just going to basically be a -- it goes
to him and he can then dish it out to the appropriate division to do the investigation, and he can
keep tabs on them, and make sure they're being followed up, you know, properly. There have
been some problems with the Fire Department in that case.
Commissioner Regalado: Johnny, if I may just --
Commissioner Sanchez: Commissioner Regalado.
Corn missioncr Regalado: 'I'hanic you, Mr. Chairman. 1 don't -- I don't think that this -- what
you said is what we expected before the other thing happened, but this is not the issue. The issue
is that you, as the Manager of the City of Miami and you, as the Dire Chief, you have to distance
yourself from every word that has been said by the ration representative, and you have to do it
publiely, because if you don't, you will be an accomplice to the treatment and the attitude
towards the residents of the City of Miami.
Mr. Gintenez: As the Manager, I'm very happy to say that any citizen can come here and
complain about any aspect of this City, and they're going to be treated by this administration
with respect. Ms. Willis came to my office. She complained about this incident, and I don't
believe that I treated her with any disrespect. l agreed with her on some issues and said that I
would investigate, you know, the issue fully. If that's distancing myself froth what he said, I
mean, that's distancing myself from what he said. 1 do not disrespect -- This administration will
not tolerate disrespecting any citizen over any complaint that they may have.
Commissioner Sanchez: Commissioner Winton, you're recognized.
Commissioner Winton: I would like to trove away from the discussion about Ms. Willis, and I
would like to get to the bigger point which Commissioner Teelc has talked about, and T think --
and Chief said it earlier. We have an opportunity here. We have an opportunity, I think -- and
Commissioner Teele has said it numerous times, and I think he's absolutely right. I think we
ought to focus, Mr. Manager, oil identifying either some entity inside or someone from the
outside that we could bring in that can look into complaints that are tied to any of our employees
that have badges outside of the Police Department. And it makes good sense for us, because, i -
because what it's going to do, one, is identify trouble issues early, because we'll have good data,
we'll keep good data. We'll be able to tract: these things carefully. Number two; it's going to
276 September 25, 2001
give the J)Ublic a sense that there really is an unbiased view, looking at whatever the complaint
is. And the public isn't always going to be satisfied. You know, I've got plenty of constituents
that probably can't stand me, because I don't always agree with whatever their issues are, and I
tell them that. But, you know, that's -- you know, that's how - But there's probably some
employees in the City of Miami that can't stand me, either, because I try to get them to do certain
kinds of things, as well. And that's just the nature of the beast. I mean, there will be those kinds
of disagreements. But it seems to me that we ought to take this as an opportunity to focus; on
what the real corrective issue is going to be long-term that could, frankly, turn our City into a
much, much better City. And I think if we have that kind of process in place that the public
understands, they know how to access it; they know how it works, .I think it's going to just n'take
us a better City, one. And a last point, which is really small. I have no idea, and I'll probably
never have any idea who is really right and wrong in this, because when you got into "he said/she
said" things, I've been involved with them, with many erriployces that I've had over the years,
and I've had lots of employees working for me, and you can't figure it out. So - but you know,
at the end of the day, one of the things that we're always capable of doing, and it's a role that
government ought to plav, and that is, when there are these kinds of problems and we can't
figure -- you know, I'll bet you a hundred bucks that if somebody involved in this process went
back to Ms. Willis' house and said, "You know, I'm sorry. I don't think i did anything wrong,
but Pill sorry if I created this sort of problem." And ,you know what I bet she's going to say?
"You know what? I'm sorry, too. You know, I was this, and I was that, and i was this." It's just
amazing how that simple thing, "I'm sorry" can diffuse all kinds of things. And that's a
procedure that we might want to put in place, and one that I should follow much more otleru
myself that I don't do. You know, I'm much better at preaching it than doing; it. But it's it
process that works. In fact, I did apologize. I yelled at you and the Chief the other day when
walked in and saw all this damn security stuff, and I went off the wall completely, yelled at both
of you, blah-blali-blall-blah, and i carne back and apologized later for slaking a jackass of
myself. And you guys, you guys laughed it off then. And if I hadn't have said I'm sorry, you'd
have thought i was probably a bigger jerk than i. am. But "sorry" groes a long way to solving
problems. And 1 hope that we can build that into the follow-up process as we move along, as
well.
Mr. Gimenez Commissioner, if I may.
Commissioner Sanchez:, Mr. Manager.
Mr. Gimcnez: I agree with you, and in this case, there may -- we may come back, you know.
We'll talk to the Fire Chief, and we may come back with different types of complaints having to
go in different directions. Some are medical and need to go to the medical side.
Commissioner Winton: Right.
Mr. Gimcnez: And then some are citizen complaint oriented, and they may have to go a
different direction. So --
Commissioner Winton: But it seems to ille, Conlmissioner Tecle, in terms of where you're --
what your suggestion was, maybe the directive we give the Manager is that lie come back to us
277 September 25, 2001
in 30 days, or 60 days, or some reasonable amount of time -- we don't want to create a new
number one priority. You know, we have only eight million of them right now. But give him
some reasonable amount of time to cone back to its with a recommendation in terms of how we
deal with citizen complaints for those people, such as Fire, Code (enforcement --
Commissioner Sanchez: That will be put in a motion form.
Commissioner Winton: OK. Motion for the City Manager to come hack with us in 60 days, or
90 days, or --
Commissioner Sanchez.: Commissioner, Commissioner Winton, hold on. Mr. Pidermann,
you're recognized.
Mr. Pidermann: Yes. Ed Pidermann again, Miami Association of Fire Fighters. Let me nakc
sonic clarifying comments. Number one is, Commissioner Tecle, if I misconstrued or
misunderstood your statements and jumped the gun, and assumed that you had made a judgment
as to the guilt or innocence of the three fire lighters involved, then for that, I apologize:, l
misconstrued your statements. Because if that's not the case, then I apologize for that. When I
used the term, "slime," I, for sure, did not direct that at an individual. And if my statements
referring to that word were understood that way, for that, 1 apologize, because I -- my intention
was not to call Ails. --
Commissioner Teele: Well, i feel 100 percent better. l mean, I tell you; I'm sitting up here --
Mr. Pidermann: OK. 1t was not to call Ms. Willis, Ms. Willis or any of the other gentlemen that
spoke here slime. And obviously, I defend 100 percent their right to come here and lodge a
complaint, the same right that 1 have here to come and defend my members, and especially those
that -- the three involved, because I know them so well, and 1 know, you know, how good they
are. My comment to slime was the slime that tarnishes in individual's reputation, which I think
that some of the allegations -- Forget about this case. Any allegation made against somebody,
whether they are true or not true, tarnish somebody's individual -- and the word, "slime" is
probably a harsh word. But it does. it slimes an individual's reputation, whether the allegations
are true or false. I, in no moment, intended to call Ms. Willis or any of the gentlemen slime. No
way.
Commissioner Tccle: Well, I think you've done --
Mr. Pidermann: And I defend their right to conic here and lodge a complaint, as well as my right
to come here and defend the gentlemen that I represent.
Commissioner Tcele: And I respect that, Mr. Chairman, And, Ed, I appreciate you clarilying
that, and particularly, that you were not directing --
Conunissioner Sanchez: Oh, conic on.
278 September 25, 2001
Commissioner Tccle: -- any of your comments at Ms. Willis or any individual. Maybe it was
just an unfortunate choice of the word, you know, the term. But I accept what you're saying. I
feel 100 percent better, just hearing you be man enough -- Because, really, to me, the issue that
is being raised by all of this is not the incident: It's the attitude. it's. the community relations
skills that we've really got to work on employing. And you are a very important leader. .And
people watch this, and if they see you act like this toward -- anybody could appear as if you're
reacting that way toward a citizen, then you're, you know, you're a real leader. That's why i
think Commissioner Regalado was giving a signal to the Manager that .we've got to distance
ourselves, because we've got to make sure that every employee of this City knows that we work
for the citizens, and we're going to treat thorn with respect, even when we disagree. 1 really
haven't formed an opinion on (lie matter. I -- I don't think we should take this to the State's
Attorney's Office. i think we should do what I recommended, which is the same thing that the
Manager said lie started out doing, which is looking at it profile. We need to know where are
these cases, and how do they come about, as well as looking at this case. Now, I'm going to tell
you something. There's a lot of ways to get pas the "he said/she said," because this is under
color of law. And, you see, everybody.just goes down and raises their right hand, and they swear
out it statement or go before a grand jury. And then you got a real problem, because whoever is
lying is going to spend the next 20 years -- the same way you're going to have some police
officers being arrested or have been arrested -- for the next 20 years, wondering whether or not a
citizen told a tic or an official told a lie. And 1 don't think we ought to try to put people under
grand j urics, and under sworn statements. But, you know, if we can't get a handle on this thing,
that's what we're going; to have to start: doing. And I can tell you this: mono of those three
officer, nor should Ms. Willis or her son be subjected to a grand jury kind of request, because
then you've got a bigger problem. And, see, the idea of cursing somebody and calling somebody
it "B," which has occurred once or twice in my lifetime, even, you go back and you apologize.
But if you raise your right hand, and you say you didn't say it, and you said it, and then two or
three years from now, somebody who overheard it changes their mind, then you got somebody
whose whole career and life has been ruined, and their facing jail over something that really
shouldn't be made into this. 1 think we ought to say we have a unique opportunity here with this
particular case. We've got an opportunity to let's look at this, let's see if we can develop a better
protocol, let's sec if we can develop a better methodology of investigating these complaints, and
let's also see if we can engage in a recurring training process whereby we really do emphasize
the role and the relationships of fire fighters and other uniformed persons with citizens. Aird
that's all that 1'rn saying.
Mr. Pidernlann: Yeah. I only made the comment about tilt State Attorney's Office because of
the confidence that I have in what the results would be. And I'm not necessarily advocating that
that's the best way to go, especially in this case, which I think administratively is being done:.
And I thing: Chief Bryson and his staff have already recognized that their system, their internal
system is flawed, and they are already taking; steps to agiust that.
Conlnnssioner Teele: And I'll go it step further. I'm willing to stipulate that you're right: and
Ms. Willis is wrong on the procedures. But what I'm not willing to stipulate on is that somebody
didn't call her a riame. ,And to me, that's what this is all about for me. It's all about -- Whether
or not she should have gone to Coral Gables, or to South Broward or North Broward, 1 nncan,
I'm willing to stipulate that what you all did was probably 99 percent right on the procedures.
279 September 25, 2001
What I'm not willing to stipulate on is in that kind of situation, where you have a young man,
African-American man in a home, in a tense situation, people are yelling and screaming, that
somebody did or didn't get pushed, somebody did or didn't get called a name, and that's what
I'm more focused on, is the issue of respect to the citizens.
Mr. 111idcrmann: I don't disagree with you, Commissioner. Anybody who knows fire fighters
knows that we are our harshest critics. And i mean, I don't think -- It's kind of gotten lost in the.
whole discussion, is the issue that Chief Bryson brought up and the City Attorney on the
numbers. And although the goal is zero complaints, zero litigations, when ,you look at -- when
we talk over it three-year period, you're talking about nearly a quarter of a million alarms, and
you have two litigations. Although the goal and the idea is zero, but. the numbers are still mighty
Fine. And I'll leave it at that. I've said illy piece, and --
Commissioner Sanchez: All right. I believe we have some constructive advice here --
Commissioner Teel e: ,bis. Willis just want to say one thing.
Ms. Willis: Commissioner, I just want to say one thing, and I'm --
Commissioner Sanchez: Ms. Willis, you're recognized for two minutes. Two minutes.
Ms. Willis: OK. And it's not going to take that long. i want to say to Commissioner Winton,
you're absolutely right. And the reason we're standing here right now today is because of what -
you said. You're absolutely right, because whcrr Chief Bryson got my complaint from the City
Manager, instead of him having Management Services to investigate, he said that no one
expressed to him the seriousness of the nature. I respect that. Maybe it was a breakdown in
communication. But I got a memo back stating that he had gotten three statements from the
other gentlemen, and he just determined that they were right and 1 was wrong. You're absolutely
right. The Miami -Dade Police Department is involved in this, as well. And 1 said these words to
there: 1 respect you more right now, because you came to my home and you took illy statements
from all of my children -- these are my children. Stand up -- and you took the statements 1'rom
my children. And if you come back and tell me that you cannot substantiate my complaint, I
have to agree with you. And i respect you, because you did your job, The point was, tile: job
was not done. Something fell through the cracks, and not just for me, for all citizens. And the
last final to that is you said that it was 70,000 rescues that you get every year. But you break that
down into only 58,000 or so of them are people that go to the -- that are sick. And then ori top of
that, you've got the ones that are not, that you don't transport. My thing is that 1 called Dade
County hire -Rescue just to find out what their stats was. And their stats arc one-fourth the
complaints that the City of Miami have. And 1 got that from them. And you can ask them for
those stats. And those are what you need to look into.
Commissioner Sanchez: Thank you, Ms. Willis.
Ms. Willis: OK.
280 September 25, 2001
Commissioner Sanchez: I believe that constructive recommendations have beet! made by the
legislative body, I believe that one of them is, Chief, if you could provide us a history of
complaints for the last tlu-ee years and what the outcome has been of the complaints, and report
back to the Commission on the complaints. Anything --
Chief Bryson: I'll get that to the Manager, sir.
Coninlissloner Sanchez: Yes, sir. Anything else the legislative body wants to add?
Commissioner Winton: Well, I think: that we've asked the -- I don't think we voted on it, but I
think we -- at least Commissioner 'rcele's suggestion and my suggestion is that. the Manager
come back to us in 60 or 90 days, whatever it is, with a proposed protocol for dealing with
citizen complaints in these crucial areas. And those crucial areas are people that have real
enforcement powers.
Commissioner Sanchez: is there a motion?
Commissioner Winton: So move.
Commissioner Sanchez: Is there a second?
Commissioner Winton: And then --
Commissioner Sanchez: Moved by Commissioner Winton, Seconded by Commissioner Telelc.
Open for discussion.
Commissioner Winton: Mr. Manager, you -- is this 60 days, 90 days? I mean, how much time
do you need? You tell me. I mean, I don't want to create a new crisis.
Mr. Ginlcnez: Sixty days is fine.
Commissioner Winton: Sixty? Tine.
Commissioner Sanchez: Sixty days? OK. Open for discussion. Hearing none, all in favor, say
«ave."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposed, having the same right, say "nay," It passes
Unanimously.
281 September 25, 2001
The following motion was introduced by Commissioner Winton, who moved for its adoption:
MO'T'ION NO. 01-1027
A MOTION DIRECTING THE CITY MANAGER TO REVIEW THE CITY'S
BUSINESS PROTOCOL IN CONNECTION WITH HOW CITI%ENS'
COMPLAINTS HAVE DEIN FILED AGAINST THOSE CITY EMPLOYEES
WHO HAVE ENFORCEMENT POWERS AND COME BACK TO THE
COMMISSION WITIHNI CO DAYS WITII A RECOMMENDATION.
Upon being secorided by Commissioner Teele, the motion was passed and adopted by the
Following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Tecle. Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
Commissioner Teele: Mr. Chairman, I would only ask that we get a report, a written report by
the Manager on how this instant matter is Finally disposed. of I don't want to know about the
names of the individuals. Again, I think, again, the concern of the union President is right. We
don't want to in any way tarnish names of individuals, br11 we need to know exactly how this
matter is handled in it written report. And I'm going; to ask that ,you present that at least by
October 25`x' to this Commission, at the second meeting, please.
Commissioner Sanchez: All right. OK.
282 September 25, 2001
69. TABLED: LITTLE HAITI WORKING GROUP PRESENTATION (SeeW71)
Commissioner Sanchez: OK. What other items?
Commissioner Tccle: Mr. Chairman, we had an item set for 7 PM. I've lost all of my
enthusiasm for everything.
Commissioner Sanchez: That's the LAM Haiti Park?
Comm issioncr Teele: Yeah,
Commissioner Sanchez: OK.
Commissioner Teele: And --
Commissioner Sanchez: That item is under -- anyone dere to address that?
Commissioner Teele: I would ask that Jim King, if you would come lead the delegation? And
all of the people in the Little Haiti, if you all would just -- Little Haiti Park, if you'd just come.
If you'll yield to mc, Mr. Chairman,
Commissioner Winton: We have a thousand dollar ($1,000) check from a local citizen for our
Disaster Relief Fund. .lust thought I'd let you know.
Commissioner Teele: Yeah.
283 September 25, 2001
170.REQUEST.MI`. MIADADS COUNTY SUPERVISOR OF ELECTIONS, PRINT.
PROPOSED "CHARTER AMENDME' NTS AND BALLOT QUEST* IONS QN NOVEMBER G ;
2001 CIZ Y:ELECTION:BALLOT IN SPECIFIC ORDER CIIARTG t A END NT NO i.I -
CIVILIAN:INVESTIGATIW, PANEL, CIMRTft .WtNij tNT N0. ;2 - 'GWAAI
CHARTBR; "END.MENTS; ' 'CHARTER ''.A;tifENDMENT ;NO 3 - 'USE QF CTTY
PROPFATh : (SECTIONS 29A; 29B, 29C , C14ARTER: ,AMENDMENT ' NQ ,`
C01� MISSIONERS SALARIES; BA'LLOT;. Q.Ui✓ST-1 NO: 1: WATSON ]SLAN.D
PROPOSAL; BALLOT QUESTi.ON NO. 2 EXEMPTING BUSINESS, IN"EMPOWERMENT:
ZONES FROM. ADS VALORENf'TAX..
Commissioner Sanchez: Yes, sir. Commissioner Teele, you're recognized.
Commissioncr Tcelc: Mr. Chairman, before you take this item up, we do have one item that's on
the agenda. It inay be good to take it up. We have Charter items number 1 through 4. And what
I would like to do is move that the Charter item relating to "Civilian investigative Panels" be
requested to be designated as Charter item Number 1, that the "global amendments" to out-
Charter
urCharter be designated as Charter Item Number 2, that the amendment relating to "salaries" be
designated as Charter Item Number 3, and the Charter item relating to "property" be Item
Number 4. And one of the reasons Ibr this is that, statistically, all of the studies have shown that
in the poor communities and, particularly, in the Black communities, there's a tremendous drop-
off on the Charter items after the first item is voted upon, and I didn't want to leave an item that
has been certified as being so important. And I know that PULSE (People United to Lead the
Struggle for Equality) has indicated their concern about this. And so I would move that
designation.
Commissioner Regalado: I ,vill second that.
Commissioner Sanchez:: There's a motion and a second. Open for discussion.
Commissioner Winton: And let me ask you --
Commissioner Regalado: 11'1 can --
Commissioner Winton: fill sorry.
Commissioner Rcgalado: If I can just have a friendly amendment. On the ballot questions, I
would rather have the Watson Island Mega Yacht Marina as Ballot Question Number 1, and then
Property Tax Exernption as Number 2. The reason is that the people are going to hear a lot of
political advertising regarding the Watson Island Project and it is important that they look in the
column. And when they do, they would probably, most likely, follow up and vote on the
Property Tax Exemption and --
Commissioner Sanchez: Does the maker of the motion accept the amendment?
Commissioner Teele: I accept the amendment.
284 September 25, 2001
Commissioner Sanchez: Second, you accept?
Commissioner Winton: Oh, yes. Sounds fine to me.
Commissioner Sanchez: All right.
Commissioner Winton: I just have a question, Comiiiissioner Regalado. And in your opinion is
good here. In terms of the Charter questions themselves, Commissioner Teele put the one on
"land" last and the one on "salary" before last.
Commissioncr Regalado: I would put the "salaries" the last one.
Commissioner Winton: That's what.I was thinking.
Commissioner Teele: All right. And so, I would change that so that "salaries" is Number 4 and
"properly" is Number 3.
Commissioner Winton: Yeah.
Commissioner Teele: And the "global" is Number 2, and the Civilian investigative Panel is
Number 1. The ballot questions would be the Mega -- Watson Island Mega Yacht Marina,
Number I, and the Property Tax Exemptions, Number 2. Now, this is all a rcqucst -- in the form
of a request to the Supervisor of Elections to place these items in, that order. The Supervisor of
Elections makes the final decision but, normally, will exceed to a timely given request in this
manner.
Commissioner Sanchez: Mr, City Clerk, did you get that'?
Walter hoeman (City Clerk): Yes.
Commissioner Sanchez: OK. 'There's a motion and a second. Open for discussion. Hearing
none, all in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the same right, say "nay." Passes
unanimously.
285 September 25, 2001
•
E
The following resolution was introduced by Com missioner 'reel e, who moved its adoption:
RESOLUTION NO. 01-1028
A RESOLUTION OF THIS MIAMI CITY COMMISSION REQUESTING
THAT DAVID 1,hAI-1Y, THE MIANII-DARE COUNTY SUPERVISOR OF
ELECTIONS, PRIN'r THIS PROPOSED CHARTER AMENDMENTS AND
BALLOT QUESTIONS ON THE NOVEMBER G, 2001 CITY OF MIAMI
BALLOT 1N A SPECIFIC ORDER AS SET FORTH HLREIN.
(here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Tecle, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
286 September 25, 2001
71. (A) DIRECT MANAGER TO TAKE ALL STEPS NEC.ESSARY TO INI'1:IA'I'I AND
IMPLEMENT DEVELOPMENT OF FIRST-CLASS PARK IN f..ITTI..]: HAJT1 TO BE
LOCATED IN AREA FROM NORTliEAST 59Th ,STREET TO No.wri BAST .G7 " STIZIRET,
T3L'l'WLLiN NORTLIisAS'I' 2N" AVENUE AND .RAILROAD TILNCKS; - AND. '1'O HAVE'
DEPARTMENT OF PU13LIC WORKS CONDUCT ENVIRONMrNTAI S'1'UD11:S. AND
DEPARTMENT OF PLANNING ANIS zONING INITIATE LANG DESIGNATION AND..
ZONING PROCEEDINGS NECESSARY TO ACCOMPLISH THIS OBJE'CT'IVE.
(13) COMMENTS BY COMMISSIONER TEELE ON POSSIII 'LE, TOTAL FUNt DING
PACICAGI fV1UV]NG 1?ORWitltll SOON (I -)EAR COLLEAGUE l EA"'1'I�?JZ), COMMENDS
ALL THOSE WHO PARTICIPATED IN LITTLE HAITI FULL SERVICE PARK PROJEICT
(See 1169).
(C) INSTRUCT MANAG13R TO PUT FOR FI -i , REQU EST FOR PROPOSALS (R .l') OR,
SELECTION PROCEDURE FOR' DESIGNATION OF LEAD! PARTNER _ 13Y .CITY
ATTORNEY WITHIN CO DAYS FOR DEVELOPMENT OF F1RST:CLASS BULL SERVICE
PARK IN LI'I" 111, HAITI; $100,000 BE APPROPRIATED FR.UM 131,10131..X SAFli
NB1GI[BORHOOD PARK FUNDS.
INSTRUCT. MANAGER TO DESTGNATR STAFF- AND Ii f;SOURC13S TON?VARD
CREATION OF FIRST CLASS FULL SERVICE PARK' IN L1T'(.LE IJA1T1, CONSIDER
INTERIM REPORT" CREATED BY WORKING GROUP AND REPORT .13ACK. 110
COMMISSION IN 60 DAYS; .MANAGER TO .EST-ABLISH ;;TASK -FORCE WFTI-'I
APPROPRIATE DEPARTMENTS TO ADDRESS ALL OF ISSUES RESL,ATED.. TO FIRST
CLASS FALL SERVICE PARK, AND REPORT BACK TO' COMI ISSION I.VERY� 180
NAYS MANAGER TO DESIGNATE APPROPRIATE CITY S'rAFla ICOR .PLANNING
T'ROCESS-FOR FIRST CLASS ,SOCCER FACILITY.
. I -
SUPPO1tT PLANNING AND DESIGN WORKSHOP- OF LITTLE HAITI PARIC WORKING
GROUP. �.
INSTRiJCT. MANAG_ ER TO PREPARE 'APPLIC,ATION, FOR DES fGNATION OF. $100,000
TO.BE USED. FOR PLANNING; PURSUANT.TO PROJECT KNOWN AS LITTLE. IIA17I
PARK DISTRIC1 WI -ITCH INITIALLYWAS ESTIMATED AT $101000,000,
INSTRUCT MANAGER TO PLACE ESTIMATED FULUCAPTTAL, COST FOR PROPOSE_D
FULL SERVICE PARK IN LITTLE .MAITI ON 'BALLOT OF. NOVEMBER 13, 2001 AS
PART 0I7 c 1JNERAL OBLIGATION BOND RFFJ3,RF,NDUi1Q-ISSU1.',.
Commissioner Sanchez: Mr. ICcane, you're recognized.
James Keane: Good evening. My name is .Jim Keane, 153 Northewit 44"' Street, Miami. I'm
here this evening as a member of ConlmUnitics United, and also the Little Haiti first Class Park
Working Group, which most of the people behind me are also with. 1 know it's late, and I'll he
very brief I just wanted to say for some time, the Commission has bion very aware of tho need
for the park in Little Haiti. It's been a longstanding item. This year, Commissioner Tcule got a
287 'September 25, 2001
• 0
working group together. I was very excited by the work that was being done by our group in our
short time span. The reports from the various committees were very impressive. We've tackled
a lot of the problems, and l really felt confident that we had a strong shot at getting a park this
year. In light of the recent tragic events and the uncertainty of the local economy, I was really
feeling defeated. And on the drive over here, I was thinking, you know, what -- how rude of me
to stand before this Commission and say, we need this park. But i would really be remiss if I
didn't stand here tonight and say we need this park now more than ever. This area has been
neglected a long time. These children need a sale place to be children, and we need to recognize
that and we need to move forward before we have - lose more children in our neighborhood. So
I'il yield to everyone behind mc. But, please, let's not lose sight of this issue.
Commissioner Teele: All right. Next person, please. Let's be very brief. Why don't we let
Senator Graham's representative come up next with persons that are here officially representing
officials?
Akua Scott: Good evening, everyone. My name is Akua Scott, representing your Senator, Bob
Graham. 150 Southeast 2"d Avenue, Suite Number 1025. That's in Miami. I'm here
representing Senator Graham because he, of course, is responsible and represents many people in
the Haitian community. He is very much in J:avor of this park. He's very much in favor of the
support of the Commission for this park. And we ask that the citizens that live in Little Haiti
have a place for their children to go. 1 work very closely with the Haitian community, and I've
found that a lot of Haitian children are being displaced. A lot of them are latch key kids. This
has never happened before in the history of Little Haiti. Most of their children come home to
loving parents. At least their mothers are there, Unfortunately, because of the economy, there is
a need for two -- a two-family income, a two -person income. Consequently, these children do
come home to an empty home with no responsibility. We're asking -- we're begging the
Commission on behalf of U.S. Senator Bob Graham that you would award whatever funds
necessary for this park in Little Ilaiti. 'Thank you very much.
Commissioner Teele: All right. Come right forward, next person
Stanley Alexis: Good evening. My name is Stanley Alexis. 1 am President of Roots and Culture
Foundation, and I want to thank you tonight for this wonderful opportunity to be able to conic
and leave before you the item concerning the park, i also -- We have a community of 125,000
people that we serve under the Roots and Culture, and we want to be able to let you know that
we are in need of a park in Little Haiti. The items are before you, and most of the people that are
represented in Little Haiti are here, crying for a park, and we desperately need it. Little Haiti is
definitely pursuing -- in need of this particular park. And we want to be able to support it. We
waist to be able to say that it is needed badly. And also, we want to thank you for making this
park possible. The item is very clear, and it's also very easy to understand. And we want to be
able to say that the children will lionor you for this particular work. And the history of Little
Haiti really lays before you. So thank you.
Commissioner Teele: And Mr. Mapou, come forward, please. You all just come on up and
crowd the --
288 September 25, 2001
Jan Mapou: OK. My name is Jan Mapou, 310 Northeast 97'x' Street. 1 have also a business in
Little Haiti, and I am the Co -Chair of the cultural component to the park in Little Haiti being
sponsored by Commissioner Art Teele, and also backed up by the whole Haitian community.
You know, our neighborhood, Little Haiti, is one of the poorest in this community, but we arc
rich in culture. So right that we want to share everything with the whole community. The point
is, now our children and our families, they deserve the park, a place to meet, a place to play.
And the artist needs a place to perform. We need a complete facility with fill access to
educational, cultural, and artistic perforrnances. A first class park with all the necessary
components would greatly improve the lives of families. We need your help to clear land,
incorporate existing facilities such as the Caribbean Marketplace, which, according to our plans,
will be converted into a box thoater to steer the artists, our boys and girls and the entire
community. The Caribbean Marketplace, as you know, is the perfect place to accommodate
artistic performances, art, exhibits, workshop, seminars, lectures, studios. And in this first class
park, we will be providing quality and constructive programming in an "accessive," safe
environment. 1'd like to conclude by telling you a great professor from FIU (Florida
International University), Alex Stepick in 1999, lie wrote a book, "Pride Against Prejudice."
Prejudice went from far. There is a long way to go, a long way to go. And we all here is
fighting against it. The past one-hour, you have heard and you have been the witnesses. But we
have a long way to go. But as far as pride is concerned, we are proud of our self, we Haitians,
proud of our roots, of our culture. And we have many dreams for this community. And one of
the dreams is having a park as a place for our children. And Commissioner Art Teele shares our
dream. And lie came up with the park, the first class park for the Haitian community. Please,
it's an item to be approved. Thank you.
Commissioner Teele: All right. We're going to ask the next two speakers to sort of summarize
for everybody, and then we're _just going to ask everybody to give their names, and limit yourself
to 30 seconds, after you and the next speaker.
Marleine Bastien: Good evening. My name is Marleine Bastien, and I'm the Executive Director
of (comment made in the Creole language), 8340 Northeast 2nd. I'm here to tell you a little bit
about the Haitian families. What do we know about Haitian families? When we hear this
community talk about Haitian workers, what do we know about them? We usually hear the
words, trustworthy, hard working individuals, people who are committed to education, who are
committed to a good life, who are committed to having a different life than the one they had in
Haiti. And yet, the report on criminal activities in Little Haiti has indicated that crime is
increasing. Why? If families have such values, some good traditions, such good work ethics,
what happened? Something is wrong. What is wrong is that our families, who are killing
themselves to work, to provide for their children, in (inaudible) after school, the children have no
place to go. So having a park in Little Haiti will respond to that. I do commend, Commissioner
'I'eele for spearheading this issue. We've been involved in this work for years. But for our
children, it's been like a hundred years. So please, make the dream of these children a reality.
Commit yourself, commit your resources to finally building a park in Little Haiti. Thank you.
Shaya Webernian: Shaya Weberman, 330 Northeast 59`1' Street. I'll keep it very sliort.. I support
the park. I think it's the right thing to do. And I'll turd it over to the next speaker.
289 September 25, 2001
• 0
Commissioncr Tecic: Thank you, "Shy."
David Weberman: My name is David Weberman, and as you could see, Shy is my brother. We
own a business in Little 1-laiti. We've been there for many years, and we're very, very happy
there. Here's my thoughts on the park. Children are a great resource for human society. It is our
responsibility to make sure that. this resource is directed in a beneficial way that would do good
for the children, themselves, for the parents, their extended families, and for the community as a
whole. The children of Little 1-laiti have a lot of energy. They need to release that energy. By
providing them with a first class park, they will release their energy in a positive manner. Thank
you.
Commissioner Teele: 'Thank you very much.
Sandra Moreao: Good evening.
Commissioner Teele: Good evening.
Ms. Morcao: My name is Sandra Moreao. I'm here to represent two components. First is the
Haitian Grass Roots Coalition, which is an umbrella of several Haitian organizations within
Dade County, and also as a familycounsclor, to kind of emphasize the points of view, funding of
this park. As a family counselor, we have -- this is the first -- I mean mentoring program that
targets Haitians girls, young girls with Haitian background. And when I go to the homes and
they're asking for programs or services that's beyond the service that we offer, and see the kids
that are here on the streets, and the families are begging for help, and not knowing where to get
help, where to get services, assistance for the kids that are going out of control. And I think that
one other thing that you can help make happen is to help support this park, at least give us some
kind of relief with the families so that the kids will have somewhere to go, and play, and
actually, you know, release their effort. So I'm asking you guys to please consider making this
park happen. Thank you.
Commissioner Tccle: Thank you very much. Ms. Willis, welcome.
Hattie Willis: Commissioner, you know that I can't do what you ask, because I have to say this
to you, but I want to say this to the whole Commission. We had a dampening of the spirit, but I
want to got some.joy. OK? First of all, I want to say that my children in Little 1-laiti --
Commissioner Teele: First of all, you want to say your name.
Ms. Willis: Hattie Willis, Community United, President. And I'm so excited about this, because
this is like a dream for me. But this year, my children, thanks to Mr. Ruder, Commissioner Teele
and all of you guys -- because you had to sign for that money to be moved -- the children of
Little Haiti had a lunch program for the first time in our community in the history of Little Haiti.
That happened this year. And that was because you guys did that. But it was only 600 kids.
And there's thousands of kids, and you know that. I'm going to make this brief. The first time I
walked to this podium, it was because a little girl down the street from me got raped by eight
drug dealers in an abandoned building. And the Commissioner took it upon himself to make his
290 September 25, 2001
ambition to get to this day righthere today. And I'm committed and convinced that without
community development, there can be no economic development, if children don't have a place
to play and to thrive, they're going to end up in prison. You're going to build prisons if you
don't built parks. The bottom line is I want you to take this into consideration. We're the only
community in Dade County that does not have green space. And you know this. So what I'm
asking and imploring; you, that in the year of 1999 when I first -- well, the second year i met (lie
Commissioner, 15 children got killed in Little Ilaiti between the months of August and
December. Aird you know why they got killed? They were in the wrong place at the wrong
time. The drug dealer came and they were out playing; in the street, because they had no green
space to go. So if nothing else warns your heart or makes -- convince you to allocate this
money, remember that those are 15 babies that could have been the next Commissioners sitting
up in that seat. So you have to do this for this community. Thank you.
Nino Tillman: Good evening. My name is Nino Tillman. I'm the Executive Director for the
George Washington Carver YMCA (Young Men's Christian Association). I'm here representing
our CEO (Chief Executive Officer), John Turner, who is the CEO of the YMCA of Greater
Miami. We have been very proud and pleased that this Commission and the Mayor has seen fit
to start a working group. We've worked with Commissioner Teele. We want to commend him
on his efforts. He didn't direct it. What he did was facilitate a good discussion between the City
agencies, social service agencies in Little Haiti and the residents of Little Haiti. And that's very
exciting for us. The YMCA supports this effort. We will do whatever is in our power to help
this take place. And we look forward to a prosperous future. Thank you.
Mariano Cruz: Mariano Cruz, 1227 Northwest 26`x' Street. t have been coming here every year
to lobby for more parks and more programs in this location. And not only that, I am the -- an
elected member representing; District l for the Parks Advisory Board. So 1 will be voting for this
park and more progress not only in Little Haiti, all over Miami, because we just can't consider
their park. We got to consider the whole of Miami; it's their park. It's the Tattle Haiti is lacking;
a park. We have to build one there soon with plenty of programs, and the money got to be in the
budget. Thank you.
Commissioner Teele: Thank you very much. Commissioner Winton, would you like to preside?
I'd like to be recognized to make several motions and try to bring; this to an end, and to tell the
group some great things have happened and the --
Commissioner Winton: Commissioner'1'cele, you're recognized.
Commissioner Tecle: Thank you, Mr. Chairman. -- to tell the persons that are here that some
great things have happened. Based upon some concerns that Commissioner Winton raised
earlier this morning, we may very well see a total funding package moving forward in the next
two to three weeks. Now, Mr. Chairman and members of the committee and to my colleagues in
the City, let me first, by -- start by saying that I've given you a "Dear Colleague" letter dated
today that has a number of enclosures. One of the first enclosures is the Item Number 5 or Tab
5, which includes the Little Flaili Working Group, And I want to report to the Manager that the
City staff has been totally engaged in not jus corning; to meetings, but literally responding and
keeping; the working group on focus. I don't want to go through this in detail, but i do want to
291 September 25, 2001
acknowledge the Parks Director and the Deputy Director, who have been at almost every
meeting. The Deputy Public Works Director, Mr. Avino, the Architect of the City of Miami, Mr.
Pons, and particularly, one person, Mr. Enrique Nunez, whom I've really never had the pleasure
of meeting or working with, but who is a -- Department of Planning. In addition, I cannot leave
out Mr. Gay and the NET (Neighborhood Enhancement Team) Administrator, as well as Major
Bruton, who have all helped. I see Ms. Kinder, who is representing the County Manager, who is
here, who is in charge of Neighborhood Centers. And as you know, throughout our community,
there are Neighborhood Centers. And one of the things that we -- the working group identified is
not just the need for park, but the need for a full service park. And what do we mean? As a
result of having the full cooperation of Mianii-Dade County Manager, the Director of Libraries
was at every meeting. What was his name? Mr. Santiago. 1 mean, and he was extremely
engaged. And one of the things that he said is, "I would like to build a first class library, but
you've got to work with mc, because we've got some smalier libraries that are really not
efficient." And those libraries, believe it or not, belong to the City of Miami. And so there was a
dialogue and a process that evolved out of this. The Department of Culture from the County was
very much engaged, and they have already committed some three hundred and filly thousand
dollars (Sa350,000) toward the black box component. So as this process moved on for the better
part of three months, what has emerged is a series of resolutions. The first one is, if you look at
Tab 1, is a district. Rather than looking at a specific site, we've looked at a park district, which
would be roughly north at 67`t' Street and south to 59`x' Street Northeast. And so what I would
like to propose is a series of motions that are contained on Page 3 and 4 that I believe are what is
necessary to respond to the motions and the resolutions made by the working group. The
working group has approved some 15 resolutions. And I'm very pleased to report that every
resolution that was submitted was unanimously adopted. The only debate on resolutions were
the time to meet. That was the only debate that we didn't have unanimity on. But every
substantive resolution was unanimously adopted. And so the first request that I would make is a
motion, Commissioner Winton, Mr. Chair, that the City Commission adopt the proposed
resolution instructing the City Manager to immediately take the necessary steps to initiate the
implementation for the planning ofa. park district called for as a park district in Little Haiti to be
bounded by Northeast 2"`1 Avenue, 671" Street, the FEC (Florida East Coast) Railroad and 59"'
Street, including but not limited to having the Department of Public Works to conduct
environmental studies, Little Haiti NET Office perform detailed neighborhood and use
assessments for retail, commercial and the Department of Planning and 'Zoning to prepare and
adopt the necessary master plan use and then to proceed with the implementation of the plan with
the appropriate land use and zoning changes, and further dedicating sufficient administrative
resources, and dollars and staff, and other necessary administrative steps to prioritize and
accomplish this objective, I would so move.
Commissioner Sanchez: There's a motion. Is there a second? Open for discussion. Hearing
none, all in favor, say "aye." Anyone opposed, having the same right, say "nay."
Tile Commission (Collectively): Aye.
Commissioner Sanchez: It passes unanimously.
292 September 2.5, 2001
E
•
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-1029
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER TO TAKE ALL STEPS NECESSARY T0. INITIATE AND
IMPLEMENT THE DEVELOPMENT OF A FIRST-CLASS PARK iN THE
LITTLE HATfI AREA FROM NORTHEAST 59""' TO NORTHEAST 67111
STREETS BE'T'WEEN NORTHEAST 2^D AVENUE ANDTHE RAILROAD
TRACKS, MiAMI, FLORIDA; FURTHER DIRECTING THE CITY
MANAGER TO INSTRUCT (I)THE DEPAR'T'MENT OF PUBLIC WORKS
TO CONDUCT ENVIRONMENTAL STUDIES, (2) THE LITTLE HAITI NET
OFFICE TO .PERFORM A DETAILED NEIGHBORHOOD AND USE
ASSESSMENT (RESIDENTIAL, COMMERCIAL AND OFFICE), AND (3)
THE DEPARTMENT OF PLANNING AND ZONING TO INITIATE THE
LAND DESIGNATION AND ZONING PROCEEDINGS NECESSARY 0
ACCOMPLISIi'fH1S OBJEC'T'IVE.
Upon being seconded by Coin missioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner .Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
Commissioner Teele: Mr. Chairman, one of the important recommendations that the working
group made was that the City find a lead partner, and that is a not-for-profit entity. And it was
very specific and very dchated. Mr. Keane led that discussion. But it's a resolution instructing
the City Manager to put forth an expedited Request 1br Proposals or otherwise selection
procedure to designate a lead partner within 60 days of the Commission meeting Schedule for
November I l`" and for the further development of the first class park, and further providing that
the lead partner will work jointly and severally with the City and will support and endorse
fundraising efforts of the lead developer within the specified Little Haiti Park District arca, and
that the sum of a hundred thousand dollars ($100,000) be appropriated, if available, from eligible
Safe Neighborhood Parks funds for the planning activity for the benefit of the lead developer,
and further requesting that the selection committee 1br the selection of the lead developer should
be comprised 50 percent of members of the working group of the first class park among its
membership. And I would so move.
Commissioner Sanchez: Resolution has been read into the record. There's a motion. is there a
second?
293 September 25, 2001
•
Commissioner Winton: Second,
Coin in is sioner Sanchez: There's a second. Open for discussion.
0
Commissioner Tecle: On the discussion, the hundred thousand dollars ($100,000) is just an
incentive grant for the planning to -- a private entity can go out and bet it. Now, the resolution
that is incorporated by reference requires that the private developer be organizations like the
Boys Club, the Y, or the Public Trust for Land. It requires that they have a commitment to the
area. And, of course, those are the things that are passed for the selection committee to evaluate,
and would serve as a guide, not as the direction. But the RPP would form the basis for the
evaluation of that.
Commissioner Sanchez: Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposed, having the same right, say "nay." It passes
unanimously.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 01-1030
A MOTION INSTRUCTING THE CITY MANAGER TO PUT FORTH AN
EXPEDITED REQUEST FOR. PROPOSALS ("RFP") OR OTHERWISE
SELECTION PROCEDURE FOR THE DESIGNATION OF A BEAD
PARTNER BY THE CITY ATTORNEY WITHIN 60 DAYS AT THE
COMMISSION MEETIN IG SCHEDULED FOR NOVEMBER 11, 2001 FOR
THE DEVELOPMENT OF A FIRST CLASS FULL SERVICE, PARK IN
LITTLE HAITI AND FURTHER PROVIDING TFIAT 'FH ^, LEAD PARTNER
WORK JOIN'T'LY AND SEVERELY WITH THE CITY AND THAT THE CITY
WILL SUPPORT AND ENDORSE THE FUNDRAISING EFFORTS OF THE
LEAD DEVELOPER WIT14IN THE SPECIFIED AREA OF THE LITTLE
HAITI PARK DISTRICT, AND THAT THE SUM OF $100,000 BE
APPROPRIATED, IF AVAILABLE, FROM ELIGIBLE SAFE
NEIGHBORI-10013 PARK FUNDS FOR THE PLANNING ACTIVITY FOR
THE BENEI, 11' OF THE LEAD DEVELOPER AND FURTHER THAT THE
SELECTION COMMITTEE FOR Tl -1E SELECTION OF THE LEAD
DEVELOPER SHOULD 73E APPROXIMATELY 50% COMPOSED FROM
MEMBERS OF TIDE WORKING GROUP FOR A FIRST CLASS PARD IN
LITTLE HAITI.
294 September 25, 2001
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Coin nlissioner Joe Sanchez
Commissioner Arthur E. Tecle, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
Commissioner Teele: The other issue is an internal matter, requesting that the City of Miami
instruct itself by asking the Manager to devote sufficient staff and resources toward the creation
of a first class park in Little Haiti, and to consider an interim report by the working group and to
report back to the Commission within 60 days; and further requesting that the City Manager
establish a task force with appropriate departments to address all other issues related to the first
class park, specifically land use and County -related issues of the public library, the renovation
and the conversion of the Caribbean Marketplace into a culture component, public infrastructure
items along Northeast 2" c1 Avenue, the creation of a Neighborhood Resource Center, and the
interlocal agreements between the City and the County, and to report back to the Commission
every 180 days, with the first report due in February and July thereafter, and the appointment of
a task force chairperson who can liaison with the County Department of Human Resources, as
well as the private sector. And fourth, the designation of appropriate staff for the planning
process for the first class soccer field, as well as other normal amenities in the first phase of the
open and green space in the Parks and Recreation component. So move.
Commissioner Winton: Second,
Commissioner Sanchez: The resolution has been read into the record. There is a motion and a
second. Open for discussion. Hearing none, all in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez:
unaIlinlously.
Anyone opposing, having the same right, say "nay. It passes
295 September 25, 2001
•
Ll
The following motion was introduced by Commissioner'Teelo, who moved for its adoption:
MOTION NO. 01-1031
A MOTION INSTRUCTING THE CITY MANAGER TO DEVOTE STAFF
AND RESOURCES TOWARD THE CREATION OF A FIRST CLASS FULL,
SF.RVICE PARK IN LITTLE HAITI AND TO CONSIDER THE INTERIM
RFPORT CREATED BY THE WORKING GROUP AND REPORT BACK TO
THE CITY COMMISSION IN 60 DAYS; FURTHER INSTRUCTING THE
MANAGER TO ESTABLISH A 'TASK FORCE WITH APPROPRIATE
DEPARTMENTS TO ADDRESS ALL OF THE ISSUES RELATED TO A
FIRST CLASS FULL SERVICE PARK SPECIFICALLY LAND USF, ISSUES,
THE COUNTY RELATED ISSUES OF THE PUBLIC LIBRARY, T.IIE
RENOVATION AND CONVERSION OF THE CAR11313EAN
MARKETPLACE INTO THE CULTURE COMPONENT, PUBLIC
INFRASTRUCTURE ALONG N.E. 2 AVENUE, THE NIEIGHBORIIOOD
RESOURCE CENTER, THE INTERLOCAL AGREEMENT BETWEEN THE
CITY AND COUNTY AND TO REPORT' BACK TO TIIE COMMISSION
EVERY 180 DAYS, THE FIRST REPORT DUE IN FEBRUARY AND JULY
THEREAFTER; FURTHER. STIPULATING THAT THE CHAIRPERSON OF
THE 'TASK FORCE ACT AS A LIAISON WITH THE COUNTY
DEPARTMENT OF HUMAN SERVICES AS WELL AS WITH'THE PRIVATE
SECTOR; AND FURTHER DIRECTING THE MANAGER TO DESIGNATE
APPROPRIATE CITY STAFF FOR THE PLANNING PROCESS FOR A
FIRST CLASS SOCCER FACILITY AS WELL AS OTHER NORMAL
AMENITIES AS THE FIRST PHASE OF THE OPEN GREEN SPACE PARK
RECREATION COMPONENTS.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. T ecle, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
Commissioner Tecle: I'm going to take up Item Number 5, which is a resolution of the City
Commission supporting the planning and design workshop of the Little Haiti Working Group,
which is scheduled now for Saturday, October 20'x', from 8:30 a.m. to 5 p.m. at Edison, Miami
Edison Middle School; and further instructing the City Manager to direct staff from the Planning
Department, Little Haiti NET Office, Public Works, as well as Planning Department, and
individuals of the task force to be made available for the frill participation of the workshop. And
296 September 25, 2001
finally, authorizing the City Clerk to advertise in a media of general circulation, such as the
Miami Times, Haitian Thnes, as well as by radio, the time and place of the design workshop. I
would so move.
Commissioner Winton: Second.
Commissioner Sanchez: Thcre's a motion. There's a second. Open for discussion.
Commissioner Regalado: If I can have just a --
Commissioner Sanchez: Discussion. Commissioner Regalado, you're recognized.
Coin missioner Regalado: --brief amendment. I think it's important if we have the possibility of
placing this on the ballot on the runoff election --
Commissioner Tecle: Item Number 6.
Commissioner Regalado: Yes.
Commissioner Teele: Let me get to that in Number G
Commissioner Regalado: No, no, but what I'm saying is that you instruct by this resolution the
City Manager not only to do this October 20 seminar, but that we organize, at the will of the
members of the Commission a tour for the proposed site, because we would have to be defending
and promoting that as part of the package if it goes to the ballot. And it's important if they ask
you, well, what it is. I mean, I, I'm going to go there. But it's best to go with a person that will
tell you this is -- this property is condemned. This, this, we're not going to use. This is City -
owned. You know, go around the properties that would become the Little Haiti Park.
Commissioner Toole: i agree and --
Commissioner Sanchez: Does the maker of the motion accept a tour? That's what you --
Commissioner Teck: We would accept a toll• as a part of the -- prior to the workshop; we would
organize a tour for the benefit of the Commission and the public, as you would require.
Commissioner Winton: Are you talking about a tour of the --
Commissioner Toole: The boundary arca.
Commissioner Sanchez: The boundary.
Commissioner Winton: -- the zone.
Commissioner Regalado: Yeah, the boundary.
297
September 25, 2001
Commissioner Winton: Not necessarily a site specific because --
Commissioner Tcelc: Right.
Commissioner Winton: — because I think there's some -- a real major advantage here to not
having a site specific, because if we havea. site specific tonight, the price just doubled.
Commissioner Teele: You got it.
Commissioner Winton: So we got to be real careful in talking about site specific. We're going
to be -- the idea of the zone is --
Commissioner Regalado: No, no, Johnny, what I said is the arca.
Commissioner Winton: OK.
Commissioner Regalado: The arca that we want to four.
Commissioner Winton: All right.
Commissioner Sanchez: All right. Or else that property just went up 100 percent.
Commissioner Tcele: Right.
Commissioner Sanchez: All right. Does the maker of the motion accept?
Commissioner Teele: Accept.
Commissioner Sanchez: OK. All in favor say "ayc."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the same right, say "nay. It passes
unanimously.
298 September 25, 2001
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 01-1032
A MOTION SUPPORTING THE PLANNING AND DESIGN WORKSHOP OF
THE LITTLE HAITI PARK WORKING GROUP WHIC11 IS SCHEDULED
FOR SA'T'URDAY, OCTOBER 20, 2001 FROM 8:30 A.M. TO 5:00 P.M. AT
T14E MIAMI EDISON MLDDLE SCHOOL; FURTHER INSTRUCTING THE
MANAGER TO DIRECT STAFF FROM THE PLANNING DEPARTMENT,
THE LITTLE HAITI NET OFFICE, AND THE PUBLIC WORKS
DEPARTMENT AS WELL AS INDIVIDUALS OF THE TASK FORCE BE
MADE AVAILABLE TO FULLY PARTICIPATE DURING THE
WORKSHOP; FURTHER AUTHORIZING THE OFFICE OF THE CI'T'Y
CLERK TO ADVERTISE TME TIME AND PLACE OF SAID WORKSHOP IN
MEDIA OF GENERAL CIRCULA'T'ION SUCH AS THE MIAMI TIME,
HAITIAN TIMES AS WELL, AS BY RADIO; FURTHER INSTRUCTING THE
MANAGER TO ORGANIZE A TOUR FOR THE MEMBERS OF THE
COMMISSION OF THE AREA FOR THE PROPOSED LITTLE HAITI .PARK.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Too Sanchez
Commissioner Arthur E. Tecle, Jr.
Commissioner Jolumy L. Winton
NAYS: None
ABSENT: Vice Chairman Witi•cdo Gort
Commissioner Teele: OK. The next two relate directly to money. This is the only money
request that we're making tonight. This has been cleared with the Safe Neighborhood Parks
staff, and the Parks Director and the Manager. This is a resolution of the City instructing the
Manager to prepare as application for the designation of a hundred thousand dollars (S100,000)
to be used for planning, pursuant to the project known as the Little Haiti Park District, which is
initially estimated as a budget of ten million, as recorded in the resolution, which would -- the
working group has determined to be It Value of between twenty and fifty million. The hundred
thousand dollars would be used for the incentive for the lead developer in the planning process,
jointly With the City. I would so move.
Commissioner Sanchez: 'There's a motion, is there a second?
Commissioner Regalado: Second.
299 September 25, 2001
Commissioner Sanchez: Seconded by Commissioner Regalado. Open for discussion. Hcaring
tione, all in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the, same right, say "nay." It passes
unanimously.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOT ION NO. 0 1 -1033
A MOTION INSTRUCTING THE CITY MANAGER TO PREPARE AN
APPLICATION FOR THE DESIGNATION OF $100,000 TO BE USED FOR
PLANNING PURSUANT TO THE PROJECT KNOWN AS THE LITTLE
l-IAITI PARK DISTRICT WHICH INITIALLY WAS ESTIMATED AT A
BUDGET OF $10,000,000 AS RECORDED IN CITY RESOLIITION 98-923
AND WHICH TME WORKING GROUP FOR A FIRST CLASS PARK IN
LITTLE HAITI HAS DETERMINED TO BE BETWEEN S20,000,000 TO
$50,()()0,000.
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 1?. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifi-Wo Gort
Commissioner Teele: All right. The final and the most important one is this. Parks are
designated and created probably once every 75 to 100 years. This City is just 100 years old.
There will not be another major park designated in the City of Miami probably in anybody's
lifetime in this City today, just by (lie nature of real estate. You don't make more real estate.
This is probably the last significant park that will be designated in the core of our City for the
foreseeable future. It's going to be expensive. The working group has identified activities that
would require the park to be a minimum of 25 to 30 acres. We did tours of the various parks.
Curtis Park, which is -- how many acres, Mr. Ruder? We did tours of Badley Park, which is
about 30 acres.
Albert Ruder (Director, Parks & Recreation): I don't have the exact number, but I think Curtis is
about 29 or 30 acres.
300 September 25, 2001
Commissioner Teele: Morningsidc Park, which is about --
Mr. Ruder: About 40,
Commissioner Tecic: -- 40 acres. So you need to understand, when we talk about a park, we're
not just talking about a green space. We're talking about a full service first class park, not
something pushed off in a corner. We will not he able to build this park in one year or live
years. This park may take ten years. But what we are prepared to do tonight, I believe, is to
instruct the Manager to place this full service park on the ballot this November 13`x' as apart of a
general obligation bond issue. Now, a lot of the people sitting here, I know a lot of the people
here are in the media. You wear two hats. 1f this resolution passes, we're going to have another
meeting on October the 12"' and vote on this finally. But what. we're talking about doing now is
moving into a general obligation bond something in the vicinity of twenty to thirty million
dollars ($30,000,000) for the construction of this park. And so I would move that the City
Manager be instructed to include the full estimated cost, capital cost -- that is, estimated capital
cost by your staff, not by the working group for the first class park in Little Haiti as a component
of the upcoming general obligation bond issue to be voted upon Tuesday, November 13, 2001. I
would so move.
Commissioner Sanchez: So moved. Is there a second?
Commissioner Winton: Second.
Commissioner Sanchez: Second by Commissioner Winton. Open for discussion.
Commissioner Winton: But I would like to, just so -- because I'm not sure that everything you
said -- i didn't see heads going this way over there. i think -- the message needs to be real, real
clear. This is going to be part of a bond issuance here that the electorate has to vote on.
Commissioner Teele: That you have to vote on.
Commissioner Winton: You. You know, our citizens have to vote on this, "ycs" or "no." And
that bond issuance will be in the neighborhood of two or three hundred million, I'm going to
guess, that's going to be used I'or capital improvements all over this City. So it's real money to
improve neighborhoods all over this City. Real money to improve neighborhoods all over this
City. And -- but the public has to vote on it. So if it goes down, then there goes the easy way to
got this done. i.f it goes up, then the easy way is completed to get Little Haiti Park done, So we
need those of you who are in the media out there stomping to get your -- the people that you
know and the neighborhoods that you represent, get those people out to vote and say, "Yes,
we're going to support this bond issue."
Commissioner Teele: I Cali tell you this: That based upon the preliminary numbers that we're
looking at, the Little Haiti bond -- the Little Haiti Park Project will probably be the largest single
item oil the bond referendum. And so it's going to be directly on Little ilaiti community,
number one, to conic out 100 percent and vote on this. Runoffs, which would be November 13"',
are normally light elections. Candidly, minorities and African-Americans generally don't come
301 September 25, 2001
out in the same numbers as the rest of the community, and it's going to be up to us, all of the
citizens to get the word out that there is a potential -- we're -- the Commission is considering
doing this as a way of creating jobs in the neighborhood. We're going to see a slowdown.
People that are working in hotels, and people working in restaurants are going to get laid off.
The only jobs that are going to be available for the next year that we can really identify are jobs
that we create by these construction projects, getting them moving quickly. So this motion is a
motion that we did not have on the list before 10 o'clock today, and that's the motion to put the
funding for this project on the ballot on November 13`h as a part of a general obligation bond.
And that's what Commissioner Winton is asking that we really get engaged on. I would so
move, Mr. Chairman.
Commissioner Sanchez: There's a motion and a second.
Commissioner Winton: Second.
Commissioner Sanchez: is there any discussion?
Commissioner Winton: Just one more point.
Commissioner Sanchez: Commissioner Winton.
Commissioner Winton: And that is that there's a lot of folks in that whole upper castside
corridor, you know, people who live both on the immediate west side of Biscayne Boulevard and
the east side of Biscayne Boulevard, there's a fair amount of connectivity between that Biscayne
i3oulevard Corridor and the neighborhood of Little Haiti in the first place. And we need to make
sure we get those people all -- Because they are supportive of the concept. I've talked to them
over and over and over again about this idea. So they're supportive of the concept, you know,
and I'll help. But we also have to go over and get all the people along that whole Biscayne
Boulevard Corridor out to vote, because they will vote in favor of this. So let's not forget them.
Commissioner Sanchez: All right.
Commissioner Teele: One .point 1 would want to make to the Manager. There's two or three
issues going on. One is that the County has conic across and said, "We want to help the City."
Beware of bearing gifts. :Is that --
Commissioner Winton: What's that joke? What's that joke?
Commissioner Teele: -- was that how -- in recent history? But we want to help the City in Little
Haiti by expediting the construction of the culture component. So there's this discussion around
the Caribbean Marketplace that the working group has endorsed as the first component of this
park. And they've already put up about three hundred and fifty thousand toward that. However,
the working group has said, "The first thing that we want outside of that is a first class soccer
facility." And so that has been something that -- 1 mean, you know, when you hear all these
people coming in, there's no place to play soccer, really, in all of Miami, soccer being the
number one sport of this hemisphere. And so one of the things that 1 would ask you to look at,
302 September 25, 2001
perhaps, in addition to saying; the park, but maybe we can have the soccer component, because
that's going to have an appeal, even though it's going to be located there in the park complex.
But maybe we can think about a Citywide soccer facility that would be in the Little Haiti park as
a component, because it's very, very important, I think, that this bond reference appeal to people
from Central America, and from Colombia and people who are engaged in activities that maybe
would not normally think about coming to Little Haiti, But 1 can tell you one thing: If there's a
first class soccer field in Little Haiti --
Commissioner Winton: They'll come.
Commissioner Teele: -- it'll be just like what happens in Overtown on Saturday when the people
come over and play baseball. People don't mind being integrated and crossing culture in a
recreational context and athletic context. And l think this is a way we could literally plant the
seed of having a first class field -- a first class park, but have a first class soccer component that
would not just be for the Little Haiti community, but would be Citywide in Little Haiti.
Commissioner Winton: Well, and it's more than that. I mean, these soccer leagues are regional.
And you get kids coming; down from Palm Beach, from Broward County, and you get kids going
from Dade County tip to Broward County, and Palm Beach County. And it'd be great. And
there is no -- as you said, there's no regional facility in the City of Miami, and so we've always
got to go off somewhere else. And this would be a great place to have a regional soccer facility
where you play all the tournaments. And that will bring additional tourist dollars into the
community, as well.
Commissioner Tecle: Exactly, Lockhart Stadium apparently -- virtually everybody who came
and talked to -- what was the gentleman's name who was the coach of the national team?
Nis. Basticn: Jean Baptiste.
Commissioner Tcelc: Jean Baptiste. l mean, they were very, very clear that they need a soccer
facility in Miami. They're all -- the people from Little Haiti and around are going up to Broward
County to play soccer. I don't want to drag it out, but Marleine, if you had something that you
wanted to say --
Ms. Bastion: Yeah. I had a question.
Commissioner Teele: Yes.
Ms. Bastien: Tt's also a concern. I mean, besides the bond, besides placing this on the ballot in
November, is there any other way we could get the funding for this park? it seems like it's going
to be real tough.
Commissioner Teele: Well, the way to get the money for the park normally is through the
Legislature, the Florida Legislature, And so were going to continue to work that route, and
we're going to continue to try to get the money from the state, It is still this City's number one
priority, and that's why we ask the representative to work with us. And he has agreed to support
303 September 25, 2001
•
legislation for that, But we're not going to wait for that. We're going to move forward with that,
and we are going to continue to work through the state process to get grant money for the park,
yes.
Ms. Bastion: We did go that route before, though, with the state?
Commissioner Teele: Ma'am?
Ms. Bastien: We go that route before with the state? Try? I think we did once.
Commissioner Teele: Yes. We tried twice before (lie state.
Ms. Bastien: It didn't go anywhere?
Commissioner Teele: It did not get the full support of the Legislature, no.
Commissioner Sanchez: All right.
Commissioner Winton: So the point about that is there is risk in that, So a bond issue takes
away -- that's up to us. That takes away risk. We think -- .1 think Conunissioner Teele is
confident and I'm confident that done right, we'll ultimately get the money out of the state.
Ultimately is when? I don't luiow when "ultimately" is. You know, that may be another year,
maybe two years. I don't know when that is, So this is now. This is the most. immediate vehicle
for betting it done, bar none. And it's in our control, not somebody else's.
Commissioner Sanchez: All right. All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposed, having the same right, say "nay." Hearing none, it
passes unanimously.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO, 01-1034
A MOTION INSTRUCTING THE, CITY MANAGER TO PLACE THE
ESTIMATED FULL CAPITAL COST FOR TIME PROPOSED FULL SERVICE
PARK IN LITTLE 1-IAITI ON THE BALLOT OF NOVEMBER 13, 2001 AS A
PART OF A GENERAL OBLIGATION BOND REFERENDUM ISSUE,
304 September 25, 2001
Upon being seconded by Commissioner Winton, the motion was passed by the following vote:
AYES: Commissioner Tomas Rcgalado
Commissioner Joe Sanchez
Commissioner Arthur L. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
Commissioner Tecle: 'Thank you very much, Mr. Chairman. And thank to all of you that have
come out. Congratulations. We're well on the way now.
Commissioner Sanchez: Congratulations to you, Commissioner. I know you worked very hard
on this one. Good work.
Commissioner Tecle: I just want to bring again the notion that we are going to have a planning
workshop. It's being sponsored as the Association of Landscape Architects.
Unidentified Speaker: American Society.
Commissioner Tcele: hluh? The American Society of Landscape Architects. There will be
probably 20 or 30 professionals that will be working on this. And it will be open to the public.
So we're looking forward to getting the City departments involved. Thank you.
Ms. Scott: Commissioner Teele, 1 just want to make a comment. On behalf of the entire
working group, we'd just like to thank you for your leadership and allowing us to be a part of
this. And thank you all very much.
Commissioner Sanchez: Thank you.
Vice Chairman Cort: Thank you.
305 September 25, 2001
72. AGENDA, TEM PZ=4 APPT{AL; OF ZONINGI$.OART�E'S D Ci 3)ON° TO GRANZ A
SPECIAL T✓XOEPTION ;-FOR- - PRJOFERTY LOOATA` A�' x 44PPR�JAVIAT'IY
SOLD 'Hj7VEST}8 STREET' b4- OF MIA t.l x rTO` AL40W FO�ITH� OPBR'AT NOF A
NIGIJT.GLU13 B TWEEN THE HOURS.OF 3
Commissioner Sanchez: Lct's go ahead and finish the regular agenda. Wliat's the next item oil
the regular agenda?
Commissioner Winton: We've got some pocketitem stuff that we've got to get rid of, too.
Commissioner Sanchez..: Just pocket items?
Commissioner Winton I don't know, is there -- ?
Commissioner Teele: We've got a big 'Zoning agenda we need to take care of first. We got one
Zoning agenda, it's a planning item. PZ -4.
Commissioner Sanchez: 1 would have to close the regular agenda and go into --
Commissioner Tcele: No, you don't have to close it. Just recess it.
Commissioner Sanchez: Recess, OK. Recess the regular agenda.
,locl Maxwell (Assistant City Attorney): Recess the regular agenda --
Commissioner Sanchez: Yes.
Mr. Maxwell: -- and you go into the PZ, (Planning & 'Zoning) agenda.
Commissioner Sancliez: OIC. Is there a motion to recess the regular agenda?
Commissioner'1Tecle: So move.
Commissioner Winton: So move.
Commissioner Sanchez: There's a motion and a second. All in favor say "aye."
The Commission (Collectively): Aye.
306 September 25, 2001
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 01-1035
A MOTION TO CONVENE THE PLANNING AND ZONING PORTION TO
TODAY'S MEETING.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner .loe Sanchez
Commissioner Arthur E. Tcele, .Ir.
Commissioner Joliruny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
Note for the Record: AT THIS POINT, THE CITY COMMISSION CLOSED
CONS IDF,RATION Oli THE REGULAR PORTION OF THE AGENDA TO CONSIDER
ITEMS FROM THE PLANNING AND ZONING PORTION OF THE AGENDA.
Commissioner Sanchez; We'll be going, into PZ item. Anyone here on PZ item --that's going to
testify on PZ -4, please raise your right hand. Mr. City Clerk, swear them in, please.
Note for the Record: AT THIS POINT, THE CITY CLERK ADMINISThRI D OATH,
UNDER CI'T'Y CODE SECTION 62-1, TO THOSE PERSONS GIVING TESTIMONY ON
ZONING ISSUES.
Commissioner Sanchez: OK. Let's go ahead and wait for the other Commissioners to get in so
we have -- 1 believe we have four. Let's go ahead and wait. Hold on. Yes, you'll have your
chance.
Commissioner Teele: I'm ready.
Commissioner Sanchez: You ready? OK.
Commissioner Regalado: Yeah, he's ready.
Mr. Maxwell: This is an appeal. The appellant would go first.
Commissioner Sanchez: Yes, the appellant. Sir, you -- state your name.
Commissioner Regalado; Mr. Chairman, lair. Chairman.
307 September 25, 2001
Commissioner Sanchez: Ves.
Commissioner Regalado: I would -- This was deferred, because we didn't have information. So
we are going to hear first from the appellant.
Commissioner Sanchez: The applicant.
Mr. Maxwell: The appellant, the appellant.
Commissioner Regalado: No, the appellant.
Mr. Maxwell: Yes.
Commissioner Regalado: And then the applicant. And how about staff? Why don't we -- let's -
- Mr. City Attorney, look, this is my district, and I have here a letter, which I think it is not --
docs not have the right information. The letter is from a residents association, and they say that
they oppose to us approving the license for this nightclub. So my question is, what are we doing
here? .lust for the record and for the people, are we approving a license? The license has been
approved? is there -- is there anything that we arc doing here that would shut that place or keep
that place open?
Commissioner Sanchez: Mr. Attorney.
Mr. Maxwell: Commissioners, the restaurant and the facility there is already lawfully open and
operating. The question before -- and your decisions today, one way or the other, won't shut that
place down. The issue before you today is a question of wlictlier or not they shall be granted a
special exception to operate a nightclub between the hours of 3 a.m. and 5 ami. That's the only
question before you today. Now, there is an issue about an occupational license. That's a
separate issue that is not the issue before you now. In fact, the question that is before you now is
a condition precedent to obtaining an occupational license. They can't get an occupational
license for the nightclub. Again, we talk about Iwo hours, is what this is all about. Two hours.
Commissioner Sanchez: From 3 to 5.
Mr, Maxwell: 3 to 5. And unless they get a special exception from this Commission, (hey
cannot obtain an occupational license lbr those two hours. But nothing else happening today
would shut them down.
Commissioner Regalado: I understand. 1 understand this case. I just want you to put it on the
record, because there are people who think that here, we're making the decision of closing or
leaving the place open. I just want to make sure that this is clarified.
Mr. Maxwell: Yes, sir.
Commissioner Sanchez: OK.
308 September 25, 2001
•
•
Gregory Moore: May I add one other sort of clarification for procedural --
Commissioner Sanchez: Sir, we're -- no, no, no.
Mr. Moore: -- something procedural.
Commissioner Sanchez: We -- procedurally, we're going to start. lie's going to have his timc to
present, you're going to have time also, and there's going to be time for rebuttal.
Mr. Moore: All right.
Commissioner Sanchez: Sir, please, state your name and address for the record.
Armando Pcrez-Roura, Jr.: My name is Armando Percz-Roura, Jr. My address is 2975
Southwest 21" Street. Chairman, with your permission, I would like before 1 start to pass to you
Commissioners and put in the record some of the things that I'm going to be talking about, and if
you don't mind, I would like to prepare and do a good --
Commissioner Sanchez: Please present one to the City Clerk.
Mr. Moore: And again, Commissioners, while ,you're receiving these handouts, this is an appeal
of the Zoning Board's decision, who has original jurisdiction over special exceptions, which is
what this is. Your purpose tonight is sitting in a quasi-judicial setting to determine whether or
not the Zoning Board acted appropriately. That's what this is about. It's not another public
hearing. People cannot come in and reargue what they've argued before the Zoning Board. That
is what the appellant wants to do right now. And I am objecting to that. That is not appropriate
in this appeal.
Commissioner Sanchez: Whoa, whoa, whoa. They said this was going to be long. Hold on.
Commissioner Regalado: Mr. City Attorney, please.
Mr. Maxwell: This is an appeal of a decision of the Zoning Board. This board has dile authority
to take testimony. If they want to hear the testimony -- in fact, they should hear the testimony of
the appellant. it's proper for the Commission to do that, and to hear any other testimony that it
decors appropriate.
Commissioner Sanchez: Sir, you will be afforded equal opportunity.
Mr. Moore: I understand.
Commissioner Sanchez: OK. Sir-, you may proceed.
Mr. Perez-Roura: Thank you. I just handed to you a file that on the left-hand side is exactly
what I'm going to say. I'm going to read from that. On your right-hand side, you're going to see
all my exhibits. 1 would like to thank the Commission for the time you have given me to explain
309 September 25, 2001
to you the reasons why I'm appealing the decision of the Zoning Board on May 7, 2001 in the
case of Or of Miami, which is located in 347, 3472 Southwest 8"' Street, Miami, Florida. This
appeal is based on different items. 1 would like to simplify as much as I can, but bear with me
through the process. Please have a very open mind, And I would ask you, don't take for granted
what some of the City officials are going to tell you, because I will prove that a lot of the things
that the City officials have told you are misrepresentations. And I proved that the last time I was
here when someone, a City official said to me, Commissioner Regalado F"I Padrinito Restaurant
was closed. And I brought you food from that place that same day. 'That's why I ask you, please
have an open mind and listen to the facts, i have put a list of exhibits, which you have in front of
you that I have put numbers so you can check them out. That way, you will have a clear picture
of what Fin explaining to you. 1 would like to remind this Commission that if any of the
following items that I bring to you, you decide is true, is sufficient for you to accept my appeal
and recommend -- and go -- and reject the recommendation of the board. I can assure you, if
they knew, the board, the way all of these facts now, this will never pass the board. As a resident
of City of Miami, I want progress for the City, but not at the expense of the quality of life or of
the breaking of the law. I welcome the investor that does not live within the City limits, but
remember, the investor goes Home and does not have to live here 24 hours a day. The same goes
for attorneys and lobbyists. The applicant in this case goes to Kendall, and the attorney for
Broward County. But we have to stay here. Remember, Commissioners, like Commissioner
Teele said before, we elect you to protect ourselves from these kind of things. The first item of
my appeal is ownership. The law is very clear when it conics to this. Tile applicant has to
disclose all of tlhc owners of the establishment. Failure to do this will automatically null your
application. Not only do the applicant has to disclose all the owners, but the person that has
interest in the business. And that's the law. The applicant signed an application -- see Exhibit 1
-- which is even notarized, where Ile claimed that he's the owner of the business. Now, we will
prove to you that this is not true. On September 2000, when one of the owners find out about the
illegal activity that the applicant, with his associates, want to do in Oz of Miami, he decided to
close the business down until they buy them out or he will buy them out. In a letter from the
applicant's attorney, Mr. Gregory Moore, which isthegentleman across -- see Exhibit 2, On
Paragraph 4, you can see where he admits that the applicant is not the sole owner of Oz of
Miami. .And I'm going to read that paragraph. From the documentation I have -- and we're
saying -- this is the applicant's attorney -- it appears that neither Armando Roura, which is in
reference to me, 1'eresita Roura, who is my wife, or Julio Hernandez, who was the other partner,
are officers or directors of Oz, and therefore do not have any right to enter the premise or
mandate the day-to-day management or operation of the business. Now, listen. As the
shareholders, as the shareholders of Oz Corporation, they have sone rights, but not the right to
control the business. I'm not saying that. I'm reading from his letter. ''hat means this
application is a joke, because you have to have all the owners sign. And here, it says that
Reynaldo Perez is the only owner, This is his signature. And l want him to go on the
(UNINTELLIGIBLE) and say that this is not his letter. Furthermore, an attempt to file an
injunction by the same attorney -- see Exhibit 3 -- he admits that there are other stockholders. To
prove even further the applicant misrepresented himself in the application, on December 22,
2000, the Miami Police Department during regular bar check arrested Saul Brenesky. We're
talking Number 4. Mr. Brenesky claimed that he was manager/owner of the business, And I'm
not saying this. This is the report from the Miami Police Department.. In other words, Mr.
Brenesky said to (lie Miami Police Department that he was the manager and the owner. Now,
310 September 2.5, 2001
you got two choices. Mr. Brenesky lied and misrepresented himself, which then I think that he
broke the law there, or you take this as what the police officer wrote. Mr. Brenesky claimed that
lie was the manager, the owner. Mr. Brcnesky has said that he is the manager. Now, well, you
tell tile, who do he lie? That's the only thing I want to know. Now, you can ask who, who are
we going to believe? The signature of one applicant, of all the facts, letter from the applicant's
attorney, paperwork from Dade County Courthouse, and even the Miwiii Police Department
report. Remember, if you have any doubt about the ownership, you have to decline the license of
the nightclub. And that's the law. Commissioners, you do not have a choice. The law is very
clear. if you don't disclose in your application all of the owners, everybody who have a financial
interest, anybody who have any connection as owner, you have to decline. Matter of fact, in the
last Commission meeting, I brought and the Commissioners (UN11SI'I'ELLiGIBLE) that I was the
personal guarantor on that lease. Under the law, a personal guarantor has a financial interest in
the place, because if the place close, I am the one who is paying for it. Let tile -- I apologize, and
I know, Commissioners, and I don't want to sound un -respectful, you can vote whichever way,
you know, you think you should vote. But now, I'm talking about the law. 1 remember a little
while ago, Commissioner, Chaiimian, Commissioner Sanchez, when you said when people have
the law on their side, they argue the law. When they don't have the law on their side, they're
going to come and talk, and talk, and talk, and don't tell you anything. I have bring you the
paperwork. Now, the second thing oil my appeal is -- Oh, and i tbrgot another thing. If you see
F„5, it says very clearly, that's the letter sent to the City Attorney, ,Mr. Vilarello, on March 26,
2001 by my son, where lie states very clearly that he is part owner of that place. Now, I'm going
to talk now about good moral character. Now, if you read the City Charter and the City law, it's
very clear. You have to have good moral character till you get approve a nightclub license.
Nobody (UNINTELLIGIBLE). That's one of the requirements. Well, during the month of
October 2000, the applicant sent to the City of Miami a list of his employees. See Exhibit C -- 6.
This is the -- this paper he sent with the application to the City of Miami. Compare that list with
what the applicant give to the City official for this application. See Exhibit 7. In other words,
every time you're going to get a nightclub license, you have to send all of your employees,
owners, et cetera, et cetera, to get their fingerprints, their fingerprints and a good report from the
City of Miami. Well, you're going to find out that they forgot to put their manarr. On Exhibit
6, on the second page, it says: Manager, Orlando Fernandez, 131 Southeast 42"` Street, Miami,
Florida. Social Security, 261-65-5689. Date of birth, 11/12/65. Now, where is his request for
Police Department clearance? Well, if you believe that's an honest mistake, I got other things to
believe you. On January 31, 2001, 1 sent a letter to the City of Miami. See Exhibit 8, 111 that
Tetter, I explained who this person was, and the reason that the applicant did not take his cousin --
because Orlando Fernandez is the cousin of the applicant, Reynaldo Perez -- to the Miami Police
Department for his fingeiprints. Because he served prison time for drugs. And this confirmed
my letter. This confirmed my letter to the City of Miami, And remember, the —
(I.JNINTELIAGIBLE) for Saul Brenesky, where he said to the Miami Police Department that lie
was the manager/owner? Where is his paperwork? Where is the paperwork here that said good
conduct letter from Mr. Brenesky? You're not going find it there. Well, the reason you're not
going to find Mr. Brenesky's paperwork there, the reason is very simple. Let's go to Exhibit 9.
Bear with me, please. 1 am not an attorney and 1. have tried to do my best.. OK. Exhibit 9 is the
report from Dade County Courthouse on Mr. Brcnesky, Mr. Brenesky has been arrested for
grand theft, vehicle title possession ---cocaine possession. Now, you sec his grand thcfl was in
1995. And he pled guilty with -- and this is a felony. Well, if he pled guilty and the adjudication
311 September 25, 2001
was held, the law is very simple. I'm going to read to you now the law. All convictions, the
reason therefore in the demeanor of the applicant subsequent to his release, no license should be
issued to any person who was convicted in the last 15 years of any felony in the state or has
convicted in any other state of the United States for any offense designated as a felony by such a
state of the United States or in a corporation, anyone who is officer, director, agent or employees
have been convicted. The tcrm, "conviction" should include an adjudication of guilt - 1995 -- or
a plea of guilty or nolo contendere, or the furnishing of a bond when charges crime—when
charged with a crime. And i can assure you was even a fulfillment of a bond on this gentleman.
But I think I have proved to you a lot. 'that's why you cannot give a license. He does not pass.
He fails the test. But in the City of Miami qualification of applicant for a nightclub, and if you
look for more on this particular person, you can check other claims, other things, back in -- you
know, back into the early `80s. And he used other names, like Raul -- l'm sorry -- Ronald Saul
Arroyo-Brenes, Carlos Alvarado, and Nina Inga. But how can you be surprised about this when
Exhibit G -- 7 -- the applicant if you see Exhibit 7, the applicant, Mr. Reynaldo Perez, forgot to.
fill the year he was born. He just forgot. And on the same exhibit, under his personal fingerprint
sheet, he said that lie was born in 1971. In other words, when he went to the Miami Police
Department, took his fingerprint and he put in the day of his birth, he put he was born in 1971.
Well, see Exhibit 10. There is another report from Monroe County where the applicant served
32 days in jail. Look at the year he was born. 1973. And look at his driver's license. Well, we
can verify that. Now, I don't mean -- I don't mean any -- I don't want it to sound that because a
person got convicted of a crime -- because I have been convicted of a crime -- you cannot do
good after. But -- yes, I was convicted of a crime. And I did not (UNINTELLIGIBLE) apply for
anything like that. But I'd like to be very up front. I did, because I have been convicted of a
crime. But that's line and dandy. I am not the applicant. I am not an applicant. If I come here
to get an application for a nightclub license, you have to decline it. Nobody (INAUDiBLE).
That's the law. Now, he forgot. Now, look at Exhibit Number 11.
Commissioner Teele: Hey, hcy, hey, Mr. Attorney, what's the issue? I mean, you know, hold
on. I thought this was about trying to got a two-hour extension.
Mr. Maxwell: That is, sir. That's it. And this is a 'Zoning request for a special exception, which
is guided by the criteria in the Zoning Code for that, which deals --
Commissioner Teele: Well, why aren't these issues being taken up with the Department of
Beverage and Alcohol?
Commissioner Sanchez. Yeah. I --
Mr. Perez-Roura: This is City of Miami law.
Commissioner Sanchez: But we are way outside of that scope here. The only thing --
Commissioner Tecle: Wait a minttte. We're not here on the law.
Commissioner Sanchez: Yes.
312 September 25, 2001
Commissioner Teele: We're not here on the law. We're here on a Zoning matter.
Mr. Perez-Roura: Correct.
Commissioner Tecle: We're not; we're not sitting down here going through anybody's
background.
Mr. Perez-Roura: t agree, Commnissioner Teele, but I'm saying the !'acts.
Commissioner Sanchez: What we need to do is get some order here, So hold on, hold on.
Commissioner Tecle has got the floor now.
Commissioner '1'eelc: I need to ask, the Attorney. Mr. Attorney, what are we doing here? I
mean, what -- this discussion, while it may be true, it seems like they're in the wrong courtroom
on this.
Commissioner Sanchez: Yeah.
Commissioner Teele: We're here in a -- as judges, as quasi-judicial judges on land use.
Mr. Maxwell: That is correct sir.
On -- not on the application as it relates to the criminal, et cetera, et cetera, et cetera. Now, how
are you letting so much of this in? What are we doing here'?
Mr. Maxwell: Most of the comments that have been made are redundant, for one thing. And
secondly, they're irrelevant to the special exception that you're hearing right now. As I pointed
out when these discussions first started, the only issue before you now is whether or not this
applicant -- this appellee now from the Zoning Board should be entitled to the special exception
which the Zoning Board granted it to operate a nightclub between the hours of 3 a.m. and 5 a.m.
That -- this gentleman appealed that decision.
Commissioner Teele: is the nightclub operating now till 3 a.m.?
Commissioner Sanchez: Yes.
Mr. Maxwell: That's correct. Well, no, they -- I'll let them say what they're operating now.
Mr. Moore Well, we are operating --
Mr. Perez-Roura: It's not a nightclub.
Commissioner Sanchez: But wait, wait. hJold on, hold on, hold on. Listen. You, you're
absolute -- let the tell you, this •-- You're at the wrong courtroom. You have to make your case
as to why we should not allow them to extend their thing for two hours. You have to present to
313 September 25, 2001
• 0
us -- OK? -- a reasonable -- beyond a doubt, to its, that we should vote not to allow them to
extend the two hours, therefore, to support your appeal.
Commissioner Teele: You need to be talking about a school.
Commissioner Sanchez: Yeah. You need to be talk --
Comuiissiotier Tecle: You need to be talking about a church, a church, a school.
Mr. Perez-Roura: Sir, this is only the beginning. You can be sure, this is only the beginning.
Commissioner Teele: Oh.
Mr. Perez-Roura: This is only the beginning. Wait until I get to the school. Wait until I get to
parking.
Commissioner Sanchez: Well, Mr. Perez-Roura, please, try to stay within -- listen. Listen. I can
see you prepared yourself very well. I can see that you've made this probably a goal or a
mission in life, and you prepared yourself very well. But, you know, you have to provide us here
with -- in other words, stay within what you think, to make it a valid argument, to convince us
that we should not extend the special exception to that nightclub for an additional two hours.
OK? So, please, because it's been a long day.
Mr. Perez-RUnra: L.et me -- I'm going to try to answer you that as --
Commissioner Sanchez: And I'll tell you what. You've had already about ten minutes. I'm
going to give you five more minutes, and then I'm going to give them 15 minutes. You're going
to have five minutes for rebuttal. Hey, I'm sorry, i can't. There's just no way.
Mr. Perez-Roura: Sir,1 do understand what you're saying.
Commissioner Sanchez: So its the Chairman -- listen to me, as the Chairman. You will have
another five minutes. Mr. City Clerk, put five minutes on the clock. OK? You'I1 have live
minutes to make an argument why we should not grant the special exception or why we should
support his appeal. You have five minutes. And you will have 15 minutes. You will have five
minutes of rebuttal, each side, and then we will decide on this issue, because your argument here,
you need to be making it someplace else -- probably in a. courtroom or some other judicial
system. But what we're here for now is for the two-hour special exception. OIC? You ]lave live
minutes. Mr. City Clerk, set the clock, please. Go ahead.
Mr. Perez-Roura: I just want to clarify one thing. They don't have a nightclub license. They
have a restaurant license. And what they want to do is update their zoning. That's why we're
here, because they're trying to update their zoning. They have a restaurant license. They don't
have a nightclub license.
Commissioner Sanchez: But that is not why we're here.
314 September 25, 2001
Mr. Perez-Roura: Yes, sir.
Commissioner Sanchez: No, no, sir. Mr. City Attorney?
Mr. Perez-Roura: You ask the City Attorney,
Mr. Maxwell: Yes, sir. They are asking 1br a nightclub license. The nightclub license is what
allows them to operate from 3 to 5 selling alcohol, and dancing and so forth.
Commissioner Sanchez: So -- OK. So that's --
Mr. Maxwell: That is what they would need to operate from 3 to 5 a.m.
Commissioner Sanchez: OK. Procedc, sir. You've got five minutes. You've got five minutes.
Go ahead.
Mr. Perez-Roura: Number one, they're not grandfathered in as a nightclub. And the law is very
simple on that. When you have a -- the law that passed, you City Commissioners passed, when
you're going to open a nightclub, you need different things. You need to have at least 500 feet
from another nightclub. Nobody from (INAUDIBLE). The law is very clear, if you're going to
open a nightclub in the City of Miami, you have to be at least 500 feet from another nightclub.
They are 473 feet froni what used to be Copa Cabana Fantasy. What that mean? If you vote
"yes," you're going against the law that you wrote.
Commissioner Sanchez: Do they have a liquor license at --
Mr. Pcrez-Roura: in the Fantasy, yes, sir. They have a nightclub license.
Commissioner Sanchez: OK,
Commissioner Regalado: Mr. City Attorney, I mean, this is very complicated. We need to have
staff here, because the appellant is acting as the source of information for us.
Mr. Maxwell: Here's the thing you need to -- Commissioner, if I may give you a little direct --
give you some direction beyond what we have already. Right now, the appellant's statements
are pretty much allegations. He's made those statements. The appellant -- the appellee will have
an opportunity to refute when they have an opportunity to speak. And staff --
Commissioner Regalado: No, no, but he just --he just went into the City Code and the City law.
473 feet versus 500 feet.
Mr. Maxwell: You do have the Zoning Administrator here to answer those questions.
Commissioner Regalado: Yeah. 1 think he -- Juan, please, because this is getting complicated.
315
September 25, 2001
Commissioner Sanchez: But Tomas let him make the arguments.
Commissioner Regalado: No, no. But Joc, Joe, if we keep getting information from one source
only, we will not be able -- we're going to be here all night.
Commissioner Sanchez: On this one, we're going to be here all night on this one, trust me.
Juan Gonzalez (Chief Zoning Inspector/AZA, Planning and Zoning Department):
Conmtissioncr, Juan Gonzalez, Planning and Zoning.
Commissioner Sanchez: Go ahead, sir
Mr. Gonzalez: To answer your question briefly, the ordinance I'm aware of for distance
requirements is in our Liquor Ordinance, Article 4 of the City Code that does have distance
separations when you have a Florida a license. And it's 1,500 from another establishment, 1,000
from a public school and 300 feet to a place of worship. In this particular case, this
establishment has what they call a 4COP SRX, which is state -issued, like all licenses arc.
They're dependent on having 200 scats to a table; 4,000 square feet and that 51 percent sales of
food (INAODIBLE) and 49 percent of liquor. To an SRX, there is no distance requirements
mandated by Chapter 4 of the City Code.
Commissioner Sanchez: And are they within the law, right now?
Mr. Gonzalez: They do have the State of Florida has issue an SRX.license.
Commissioner Sanchez: OK.
Mr. Gonzalez: And they -- the State of Florida has verified that they comply with their
requirements.
Commissioner Sanchez: OK.
Mr, Maxwell: Mr. Chairman, may I ask a question of the 'Zoning Administrator?
Commissioner Sanchez: Sure,
Mr. Maxwell: Mr. 'Zoning Administrator.
Commissioner Rcbalado: Yeah, yeah. Zoning, conic back.
Mr. Maxwell: Are you aware of any requirements o1' the City Code to distance, space
requirements, any other requirements that fall within your domain that the applicant has not
satisfied?
316 September 25, 2001
Mr. Gonzalez: As far as under my domain, the Zoning Code -- and I do enforce Article 4 of the
City Code, alcoholic beverages, I don't know of any other place where there would be distance
requirements between nightclubs, per se.
Mr. Maxwell: Has he met the requirements for --
Mr. Gonzalez,: For the SRX, yes, he has, according to the State of Florida.
Mr. Maxwell: Has he made the requirements for the nightclub license?
Mr. Gonzalez: Right now, no. The answer is the certificate of use is for a restaurant.
Mr. Maxwell: All right. Which he would have to have a special exception for.
Mr. Gonzalez: He would have to have a special exception, correct, and meet the conditions that
were placed on that special exception for him to continue and get a certificate of use and
occupational license fora nightclub.
Mr. Maxwell: But he's met the requirements, in yon• opinion, to apply for the special exception
at the Commission or at the Zoning Board?
Mr. Gonzalez,: The Zoning Board heard the case, and approved it. So, yes, he met the
rccomnnendations.
Commissioner Sanchez: OK. Go ahead. You've still got five minutes, sir. Five minutes.
Thank you.
Mr. Perez-Roura: 'Thank you sir. (UNINTELLIGIBLE) what he said that meet the requirement,
the law says when you're going to apply for a nightclub license, you have to bring a certified
survey, a certified State of Florida survey saying —the distance between one nightclub and his
place. Where is the survey? Mr. Gonzalez doesn't have it. I ask the City nobody has it, because
they never have done it. Why don't -- Mr. Gonzalez cannot say that, because Mr. Gonzalez
doesn't know what is the distance from one place and the other one. Matter of fact, Mr.
Gonzalez said that they are -- they -- the parking is fine. Well, let me explain to you, talking
about the parking. The parking that it have was built illegally. In other words --
Commissioner Sanchez: Illegal?
Mr. Perez-Roura: Yes, sir. Completely. And I have tite plans to prove it. If you go to -- if you
go to my Exhibit Number 30 -- 31, you can see that Oz of Miami does not have any parking.
Now, they present a lease for 50 feet on Exhibit 33, Well, I have the proof that I already have
gone through the NET Office. I sent a certified letter to Mr. Avila with the copy that those 50
feet has been built illegally. Furthermore, on top of the illegality, before you can operate a
parking in the City of Miami, you have to have a permit. It's no permit for that parking.
Furtlnennore, you have to pay surcharges. You gentlemen that are very worried, so worried
about getting inconne, they said that they have leased that parking for two and a half years. Well,
317 September 25, 2001
you want me to tell you this? They have not paid one dime in surcharge. And the law is very
clear, when you do not pay surcharges for three months, you cannot operate a parking. Now,
you going (UNINTELLIGIBLE) special license, based on a parking lot that was not -- that was
built illegally and you don't have the pennits to be as a parking tot? You don't have the permits?
Commissioner Sanchez: Could somebody from the City address that on the parking lot, please?
Mr. Perez-Roura: I give a certified letter --
Commissioner Sanchez: Excuse me, sir. You've got one minute and 20 -- a minute and a half
left. Can somebody address the issue on the parking lot?
Mr. Gonzalez: Yes, sir. Juan Gonzalez again, Planning and Zoning. Yes, we were aware that
the parking in the back is an issue. That's why it's part of the recommendation for the special
exception. Planning Department has included it that they have to bring the parking up to Code,
including new walls, landscaping, paving. 'They would have to comply just like they were an
SD -12 lot.
Commissioner Sanchez: Would that be with conditions, that's part of the conditions?
Mr. Gonzalez: Yes, the special exception has that condition.
Commissioner Sanchez: Thank you very much. Thank you. Sir, you have a minute and a half,
sir.
Mr. Perez-Roura: OK. But the special exception what Mr. Gonzalez was saying, that the
parking lot was (UNINTELLIGIBLE). I give to Mr. Gonzalez right now Number E35. Mr.
Gonzalez, can you tell me where is the 50 feet, please, Mr. Gonzalez?
Mr. Maxwell: Mr. Chairman, Mr. Chairman --
Mr. Perez-Roura: Can you show me there where is the 50 feet that Oz of Miami use, that --
where is that? (UNINTELLIGIBLE COMMFNTS).
Mr. Maxwell: What's going on now is not proper. The applicant must address their questions
and statements to you. fie cannot interrogate.
Commissioner Sanchez: Sir, you must address all the questions to us, and then we'll address --
Mr. Perez-Roura: I apologize.
Commissioner Sanchez: Yes.
Mr. Maxwell: He does, lie does have the right in the quasi-judicial procoeding to cross-examine
Mr. Gonzalez, but not in the way that he's doing it.
318 September 25, 2001
0 •
Mr. Perez-Roura: OK. 1 apologize. On Number E35, the 50 feet that Oz of Miami claim they
have (UNINTELLIGIBLE) for parking, here is the plans. Those 50 feet supposed to be
landscaping. They have built -- there is a -- right now, it's at fault, it's parking. What is appears
is without a pernit.
Commissioner Sanchez: Those are all part of the conditions.
Mr. Perez-Roura: No, .sir.
Commissioner Sanchez: OK.
Mr. Perez-Roura: No, sir. You cannot (UNNTEL.LIGIBLE) that it's part of the conditions.
How it was -- number one, for you can get a parking there, you need to have -- to go to a special
exception.
Commissioner Sanchez: You've got 30 seconds. Those are part of the conditions, also. All that
he's stating, Madam Planning and Zoning, are under the conditions, correct'?
Lourdes Slazyk (Assistant. Director, Planning and Zoning): Yes. What we do in the special
exception is we put conditions. So once the special exception is granted, they can't actually get
the certificate of use until they comply with all the conditions. So, yes, we admit, the
landscaping is not there today, but it will be, or they don't get a CU (Certificate of Use).
Commissioner Sanchez: OK.
Ms. Slazyk: It's that simple.
Commissioner Sanchez: Sir, you have 30 seconds.
Mr. Perez-Roura: Once again, 1 can ask, like you said, City Attorney, I can go ahead and ask
questions to the staff?
Commissioner Sanchez: You will -- well, you will have live minutes of rebuttal when the other
side is clone.
Mr. Perez-Roura: I would like to do that and go ahead and ask questions of the staff, please.
Commissioner Sanchez: OK. Which question? Who would you like --
Mr. Maxwell: He can cross-examine them as to statements they have made.
Mr. Perez-Roura: That's correct. 'That's what I want to do.
Commissioner Sanchez: Yeah. OK, sir.
Mr. Maxwell: Not new information.
319 September 25, 2001
•
Mr. Pcrcz-Roura: I want to call Mr. Gonzalez. Mr. Gonzalez, I show you Exhibit r35. Exhibit
E35 show a plan for Barbarita Grocery.
Commissioner Sanchez: sir, you can't do that.
Mr. Maxwell: Well, 1 don't know if the record would show what E35 is from what this
gentleman has right here.
Mr. Pcrcz-Roura: You can check it. 'That's why I gave it to the City.
Mr. Maxwell: All right. If you're showing Mr. Gonzalez a document that deals specifically with
the statements lie's made --
Mr. Perez-Roura: Yes.
Mr. Maxwell: You can go ahead.
Mr. Perez-Roura: OK. In Exhibit P.35, this parking lot is one that you have said supposed to be
a hundred feet. They only bot permit for 50 feet, not for the other 50 feet. But you can make --
as a Zoning -- as a Zoning Director, you should know (UNINTELLIGIBLE COMMENTS).
Mr. Maxwell: ThaYs not a question, sir.
Mr. Percz-Roura: For the Zoning exception, where is that in there?
Mr. Gonzalez: Well, if I understand the question right, what happens is that lie is -- let me
answer he is partly correct. ']'his plan shown on E35 is the parking for Barbarita Grocery, and
the existing restaurant attached to it. The part of the conditions we are aware that this is not the
full parking. We were aware of that when we placed the conditions in the special exception that
lie has to come in with a full lot, which is the other 50 feet further east of that. He has to upgrade
both proportions of the parking lot. See the (UNINTELLIGIBLE) around that, and if you need
the explanation of the condition, the Assistant Director of Planning is here to explain that, He
needs to improve both sides of the parking, not only this 50 -foot strip that he's shown on E35.
Commissioner Tecle: So let me just ask this: When it's all said and done, will they have the
hundred feet?
Mr. Gonzalez: They would have approximately a hundred feet of parking, yes, sir. They would
have both sections.
Commissioner Teele: But let me just ask one thing. Mr. Perez-Roura, why haven't you just
taken the time to sit down and discuss this with each of these people, so that, you know, you
don't take yourself and us through all of that? I mean, did you know that it's about a hundred
feet?
320 September 25, 2001
Mr. Perez-Roura: l love you; I love your question, Commissioner Teele. For your information,
Commissioner Teele.. You remember what happened a few months ago, just a few weeks ago
with a Miami police officers? You remember that what he mentioned here, that something, that
officials do not want to listen? For your information, Commissioner Teele, i asked for public
records, which the law allow me to get at anytime, in ,January of this year.
Commissioner Tecle: ['m sorry. I apologize for --
Mr. Perez-Roura: And I did not get it until two weeks ago.
Commissioner Sanchez: OK. Mr. Perez-Roura, you will have five minutes for rebuttal, sir. Sir,
you have the floor. Please state your name on record, and anyone wishing to speak on your
behalf.
Mr. Moore: All right. Well, my name is Greg Moore. My office address is 15225 --
Commissioner Sanchez: Has everybody been sworn in that's going to testify'? Mr. City Clerk,
do you have their names? OK. Proceed, sir.
Mr. Moore: All right. My address is 15225 Northwest 77`x' Avenue, Miami Lakes, 33014. I'm
legal counsel for the applicant, which is a Florida corporation, Oz of Miami, Incorporated. It is
incorporated under the laws of the State of Florida. It was originally incorporated by an
individual by the name of Julio Hernandez. He was the sole president and director of the
corporation. That individual removed himself under an amendment to the Articles of
Incorporation, and included Reynaldo Perez, who is the president and the applicant for the
special exception, which is why we appeared before the Zoning Hoard. Now, the Zoning Board
held a public hearing, based on public notice. Mr. Perez-Roura was there. There was a
condominium association there, and that was it, opposing the special exception. After the
Hearing Board took testimony, looked at exhibits, heard arguments from everybody, they voted.
And on a five to three vote, we prevailed, and we were allowed our special exception. And
again, the special exception is only to be allowed to be open from 3 to 5 a.m. We're going to
remain open till 3 o'clock, no matter what. We have that license and we're permitted to do so.
This all began back ill September of the year 2000, when we removed this appellant from our
premises for legal reasons. We filed a civil action against him, which is now pending in the
Circuit Court of this jurisdiction for injunction against him to prevent him from coming onto the
property -- which, by the way, he hasn't been on our property since September of last year -- and
to stop making allegations against my clients, causing the City departments to make numerous
inspections of my client's premises, dozens and dozens of inspections, based on his allegations.
And this is why we're here today. He is the only person who has made this appeal. This
gentleman does not live near the business. He does not own a business near our- business. He
lives two to three miles away from our business.
Commissioner Teele: No.
Mr. Moore: Yes. And the only reason tic is here --
Commissioner Teele: Is that true?
321 September 25, 2001
Mr. Perez-Roura: I live a mile and a half -- but that -- I'm responsible for that. But what is this -
- the applicant lived in Kendall. I mean, what it have to do with this.
Mr. Moore: The purpose, the purpose is -- why we were there the -- We were here two months
ago, and we filed ••- we objected that this gentleman doesn't have standing to even be here before
you, because we don't think lie's all aggrieved party. He has to be someone other than a member
of the public in general who is being harmed by the special exception, which was granted by the
Zoning Board. And it's up to you, the panel, tonight, to determine whether or not the Zoning
Board acted inappropriately. Now, you can modify their opinion, you can overrule their opinion,
or you can uphold their opinion. OK? And that's what we're here ahout today. That's -- This
is a vendetta, and there's argument, and we're in court about this. And this is a way that he can
come after my client. Anyway, so I'm going to get off my soapbox for a moment. From a
procedural standpoint, he has 15 days to file his appeal once the Zoning Board issues its opinion.
And under your own rules, Article 20, it says that he can do it either jointly or individually. He
chose to do it jointly with the association who came in, in the Zoning Board hearing that I'd
mentioned earlier. And the Zoning Board or the association, I think, realized what Mr. Roura's
true motives were. So they wrote a letter and pulled out of the appeal. They no longer want any
part of the --
Commissioner Tcelc: Is that letter a part of the record?
Mr. Moore: It should be. I'll have my assistant --
Commissioner Regalado: Yes, it is. it is.
Mr. Moore: -- hand out some --
Commissioner Regulado: 1 saved it from the -- There are two letters, one joining the appeal and
another one --
Mr. Moore: Removing themselves from the appeal.
Commissioner Regalado: -- removing themselves from the appeal.
Mr. Moore: Right. And really, you know, we would -- And that is really the legitimate
appellant, because they're contiguous to our property, you know? And one of the conditions that
the Zoning Board put upon us, put upon my client was that we create a berm wall, so that we --
really, a privacy wall -- so that we can buffer some of the noise down and not disrupt these
people so much, you know, during the early morning hours. So they really found that if they
placed that condition on my client, it would really be helpful to the association. Well, this is the
same association that Mr. Roura tried to gather up, and get these documents together, and come
with him today on this appeal. And they -- like I said, l think they realized what the real true
purpose was. They pulled out. i spoke to their attorney. They didn't want any part of it, and so
he's here alone. He never did, in fact, file his --
322 September 25, 2001
Mr. Maxwell: Mr. Chairman.
Commissioner Sanchez: Yes, sir, Mr. City Attorney.
Mr. Maxwell: With all due respect, counsel.
Mr. Moore: Sure.
Commissioner Sanchez: It's irrelevant?
Mr. Maxwell: As was much oCthe staff that Mr. Perez said. May I suggest to you that, yes, that
is irrelevant, and it's placing additional inibrination in the record that simply clouds this record
beyond belief, I think, improperly, I would direct your attention -- if i may, counsel, and you can
then address these issues --to Page 4 of Item PZ -4 in your packet.
Commissioner Sanchez: And this is the Zoning Board, its decision to grant/deny the special
exception shall make written findings at the applicable requirements of this Zoning Ordinance,
Section 2305, have/have not been met.
Mr. Maxwell: And then it goes to the criteria, additional criteria that you must use and that they
had to use in making their recommendation or making their decision, and that you must use, as
well. And that's 1305.1 through 8. And that's ingress and egress. Then it goes into that off-
street parking, and loading, refuse and service areas, signs and lighting, utilities, drainage,
preservation of natural features, and control of potentially adverse effects generally. That's the
criteria you arc to use.
Commissioner Sanchez: Madam Planning and Zoning, do they meet all these?
Mr. Maxwell: The business issues, all the other issues --
Commissioner Sanchez: Could you state that for the record? Do they meet all these
requirements?
Ms. Slazyk: With the conditions that were imposed, yes, the requirements are met.
Commissioner Regalado: Excuse me. What did you say?
Ms. Slazyk: With the conditions. When we look at that criteria and put an application up against
that criteria, what we do is if we find any potentially adverse effects, they are mitigated through
conditions. So with the conditions that are in your packet, the criteria has been met. That's why
we recommended approval.
Mr. Moore: And we have already taken steps to comply with those conditions placed upon us.
We've already applied for the permits. We're ready to go. We're just waiting for this to finish.
Commissioner Sanchez: OK, sir.
323 September 25, 2001
• 0
Commissioner Regalado: What are the conditions exactly?
Roberto Lavernia (Chief of Land Development, Department of Planning & Zoning): Several
conditions. One condition is --
Commissioner Regalado: Your name?
Mr. Lavernia: -- that they're going to have to submit a site and landscape plan to be approved by
the Planning Department, complying with all requirements of the SO -12 Overlay District, and all
the criteria in Chapter 1505 of the Ordinance. With those conditions meaning that this is no
entrance from the residential area, entrance or exit from the residential area. Only from the
commercial part. Twenty -foot setback landscape into the residential area. A CBS (concrete
block structure) six-foot high wall dividing the parking lot from any residential area.
Illumination, irrigation and landscaping. That's the criteria. And also, we have four more
conditions that I'm going to read on the record for you to know. Approval of this special
exception shall run with this operator only. Any changes to a different operator shall require a
separate special exception. in order to avoid potential conflict with the nearby school use,
approval of this special exception for it nightclub use shall be limited to the following days and
hours of operation: Monday through Friday from 6 p.m. to 5 a.m. In order to discourage --
Commissioner Regalado: Wait. Monday through Friday?
Mr, Lavernia: Right,
Commissioner Regalado: How about Saturday and Sunday?
Mr. Lavernia: Saturday and Sunday are not school days. In school days, it's from Monday
through Friday; they should be open from 6 p.m. to 5 a.m, only.
Mr. Maxwell: I think we asked a clarification of that. Is it what they meant was Monday and Fri
-- I mean, Saturday and Sunday, they would he normal business hours. Normal business hours
on the weekend. But they placed conditions on the weekday operations.
Commissioner Regalado: OK. I understand. What is --
Mr. Maxwell: So they're open seven days.
Commissioner Regalado: But I'm asking, I'm asking, Saturday and Sunday, what is normal on
Saturday and Sunday?
Mr. Maxwell: Normal hours for Saturday and Sunday.
Commissioner Regalado: Normal hours'? I mean, 1 work normal hours. I start at 4 a.m.
324 September 25, 2001
Mr. Maxwell: They will be open to -- they will be open, they will be able to remain open until 5
a.m.
Mr. Moore: According to our special exception, we'll be open till 5 in the morning.
Commissioner Regalado: What is normal? What is normal on Saturday and Sunday?
Mr. Lavernia: For a nightclub, it should be all night long.
Mr. Maxwell: Until 5 a.m.
Commissioner Regalado: Huh?
Mr. Maxwell: They could open earlier. I'll let the applicant -- I don't know what the applicant's
hours are. They can --
Commissioner Regalado: They can open like for lunch?
Mr. Maxwell: They -- you should probably --
Commissioner Regalado: Breakfast'?
Mr. Moore: We also operate a restaurant, so we're open during the day. We do not stay open till
5 in the morning on schooldays. 'That's Monday through Friday. Now, on the weekends,
Saturday and Sunday, we exercise our rights under the special exception to stay open till 5 in the
morning.
Ms. Slazyk: The purpose of this condition was so that they wouldn't open until after the school
children went home. So they can't open until G p.m.
Commissioner Sanchez: So there are conditions in place.
Ms. Slazyk: Right.
Mr. Moore: Yeah, it's in place.
Ms. Slazyk: Saturday and Sunday, they can open whatever time they want, but they must close
by 5 a.m.
Commissioner Sanchez: Right, right.
Commissioner Teele: They can't open to sell food at noon on --
Ms. Slazyk: Oh, no. They can have a restaurant 24 hours. It's the liquor part that would be
governed under this. So restaurants, there's no prohibition against the restaurant being open all
the time. It's the liquor that runs with the special exception.
325 September 25, 2001
•
•
Commissioner Sanchez: Sir, you have three more minutes, and then we go to rebuttal.
Ms. Slazyk: We have other condition.
Mr. Lavernia: The last one: This approval is subject to complying; with all covenants recorded
on the public records of Miami -Dade County for this property. in order to (INAUDIBLE)
enforcement problem with underage patrons during; late hours, no one under the age of 21 shall
be permitted into the club between the hours of 2 a.m. and 5 a.m. So we put all those conditions
to guarantee that the (INAU.DIBLE) is going to be---.
Mr. Moore: Which we've agrrccd to meet,
Commissioner Sanchez.: Which you've agreed to meet. You've got three minutes, sir.
Mr. Moore: All right. The only issue that I can think that was raised that might be a question is
this issue of parking. 1 think there are three businesses in the area. One is Oz, which is the
applicant. The other is a small restaurant, which we now own. And then there's Barbarita
Grocery. We have permission and a lease from Barbarita Grocery, allowing; us full use of the
entire parking; lot from 7 in the evening to 7 in the morning. There is no issue of whether or not
we have enough parking;. We do have the parking;. We also have permission from the owner of
the lot, itself, to make the improvements that are part of the conditions. And these are the --
thesc arc the drawings that we have, where we're going to build the berm wall.
Mr.Maxwell: You have to be on the record, sir. Be sure to stay on the record.
Mr. Moore: I'm sorry. 'these are the -- i guess the architectural renditions showing the
improvements we're going to make to the parking; area, which is part of the condition precedence
that we're going; to meet under the special exception. It includes the berm walls between
ourselves and the condominium association. And also, it includes the landscaping, that was
mentioned by the City previously.
Commissioner Regalado: Landscaping is where? 9'" Street?
Ron Saul Brenesky: Commissioner, Saul Brencsky. Let me explain. Presently, Commissioners
Mr, Maxwell: Excuse me, sir. Can you identify yourself?
Mr. Brcnesky: Ron Saul Brenesky. I am General Manager of Oz of Miami.
Mr, Maxwell: And your -- OK.
Mr, Brenesky: Presently, Commissioners, very quickly, right now, this parking area that we use
has exits to 9"' Street. What the City has requested that we must do in order to comply with this
special exception is, number one, we must create a 20 -feet buffer zone, which must be
326 September 25, 2001
landscaped, which we must maintain; build a six-foot tall CBS wall around this arca. That
means that the exiting that exists right now presently will stop into 9t1' Street, which is a
residential area. Furthermore, Commissioners, we begin to build this wall, blocking all this area
until half of 35t11 Street -- 35`x' Avenue -- excuse me. Why? Because of the way the City zoning
is, part of it is in -- I believe part of it is in commercial, and the other part is --
Ms. Slazyk: Residential within D-12.
Mr. Brenesky: 'That's correct. So we must build a wall up to here, tip to the middle of it.. Now,
Commissioners, basically, what we are doing is, we're improving the whole area. The noise
level the people have been protesting or anything ceases automatically, because only through this
entrance will be entering and exiting. We have created the buffer zone requested by the City,
and all this needs to be approved before we can even build it with the City Planning Board and
City administration to be sure that it complies with all of this. If we do not comply, if it breaks,
that we can't do it, we're not able to obtain the occupational license. i think we understand that
clearly, Commissioners. The issue is not -- right now, this is all we have to do, plus other things
-- am I right? -- Such as the 21 and everything else. But Commissioners, we are prepared.
We're moving forward. Right now, if we were to leave it like that, if we don't have it, 3 o'clock
in the morning, we're still going to have the traffic in this area. And we don't want to do that.
We want to submit to this, because it makes sense for the neighborhood. It makes sense for
everyone in this vicinity. And that's a fact, Commissioner.
Commissioner Sanchez: All right. '['hank you.
Mr. Brenesky: Thank you.
Commissioner Sanchez: Sir, are you clone?
Mr. Moore: Yes, sir.
Commissioner Sanchez: OK. Sir, you have five minutes.
Mr. Maxwell: And before the rebuttal, Mr. Chairman, could l ask the members of the Planning
Department that did speak to please identify themselves on the record and their position, please?
There were three of them.
Commissioner Sanchez: Yes.
Ms. Slazyk: Lourdes Slazyk, Assistant Director of Planning and Zoning Department.
Mr, Lavernia: Roberto L.avernia, Planning and Zoning Department.
Mr, Maxwell: Mr, Gonzalez,
Mr. Gonzalez: Tuan Gonzalez, Planning and Zoning Department.
327 September 25, 2001
Mr. Maxwell: And those were the three individual experts that testified a few minutes ago.
Commissioner Sanchez: Mr. Peru-Roura, you will have five minutes to cross-examination.
You could question the parking lot maps, question anyone on the City staff that testified. So you
have five minutes. Mr. City Clerk.
Mr, Perez-Roura: To start off, the plans that the City Commissioners that the City staff has
approved was done by Orestes Lopez-Recio Architect. 'those are the plans you see there and
those are the ones. I have the letter that you have in your file, E37, that reads: Per your request
and based on the information that you have provided, 1 have conducted a cursory view of the as -
built plans and the findings are the following: Number 2. Fill going to read Numbcr 2. This is
important, about the parking. The (UNINTELLIGIBLE COMMENTS). However, a review of
the lease agreement you furnished (UNTNTELLIGIBLE) parking is not part of the property and
it not (UNINTELLIGIBLE), What that mean? The plans that they approved? The architect.
who came and said, that's wrong. Now, going back to the parking and rebuttal. For they can
have that parking, the law is very clear. The law said for you can operate a parking pennit only
by special permit. That parking has no -- special permit. How you going to approve a special
permit over another special permit that have no plans:! Number 2. And I want staff to show me
where is the special permit l'or that part -- for that part. Number 2 said (UNINTELLIGIBLE)
parking facility, for continuous use - that is what it is, a continuous use -- a special
(UNINTELLIGIBLE) required where use of (UNINTELLIGIBLE) parking facility including
(UNINTELLIGIBLE). You know, I have read everything it has said. And very clear. The total
number of (UNINTELLIGIBLE) should not be less than a sum of those required by
(INAUDIBLE) use. So that's the law. Now, if you Commissioners want to approve something
that is against the law, you are perfectly do -- you know, you can do it. I don't understand that.
Now, what 'm telling you, Commissioners, is your staff have not done the homework on this. I
can tell you that. Mr. Moore said that (UNINTELLIGIBLE) September of last year have been
dismissed. Why? Because he just said it doesn't mean -- no, it doesn't (UNINTELLIGIBLLF).
And I don't have an Attorney. ]'m doing it by myself. Apparently, the judge knows that doesn't
(UNIN'I'LLLIGIBI..E). And furthermore -- and -.ve'rc going to bo to the court to dismiss it.
finally. And the last thing I want to bring to this Commission is this: By you approving this,
what you're saying, anybody who have a restaurant can become a nightclub. Remember that.
Anyone who have a restaurant who sit 200 persons can become a nightclub. (Unintelligible.) If
I open tomorrow a restaurant with 200 seats, you have to give me a. nightclub license. Because
what they have failure to tell you is that it's it difference between a restaurant with a
(UNiNTELLIGIBLE) and a nightclub. And it's in a school, less than a thousand feet. i.ike,
Connnissioner Tecle said, what about the school`? Well, it's one school less than a thousand feet
from there. You going to approve a nightclub with less than a thousand feet`? Go ahead and do
it, Commissioners. But I can tell you this: Everybody can open a nightclub in City of Miami -
Dade, because you're going against what t:he law said. They have not present a survey with the
distance. That's all 1 have to say Commissioners.
Commissioner Sanchez: 'Thank you. Commissioner Regalado, you have the floor, sir.
Commissioner Regalado: OK. Mr. Chairman, it seems that this whole thing started in a very
bizarre way. But the City Attorney is telling its that we had only two choices. Either we accept
328 September 25, 2001
the appeal or we deny the appeal. That's all that we can do here. And we arc not dealing with
closing or opening this place. I have had problems in the past with the residents regarding
broken bottles and cars being parked over the sidewalks. So, Mr. Attorney, I'm asking you, if I
would propose to deny the appeal and place as the condition the fact that if there are a
determined amount of complaints from the overflow of that nightclub/restaurant to the
residential, can we do something to go after their license? I'm asking you a question.
Mr. Maxwell: Well, if there arc complaints that violate sonic provision of our Code, certainly,
then the Code Enforcement officials would go after them and do whatever is necessary.
Commissioner Regalado: No, that's not the question. The question is: What can we do to
remove their special exception.
Mr. Maxwell: Well, yeah, the same reply would hold in a case, unless they have, in fact,
violated some provision of the special exception or sonic other provision of the Zoning Code, the
City Code, there's nothing you can do to revoke it. They would have had to have violated the
law or one of the conditions. if they violate the conditions that you impose, that you would
impose upon them today if you were to brant the special exception, you Call go through the
process of revoking it then, but not 1'or something that, one, is not a condition, and two, has not
violated the law in any way.
Commissioner Regalado: There was an issue that -- it's been brought to my attention in terms of
the parking lot from Barbarita Grocery has a problem, has been cited for sonic repair work. Is
that correct, Mr. Counsel?
Mr. Moore: We have brought people in -- Wcll; Barbarita Grocery has brought someone in. I
don't represent them, but they've brought someone in to fix the --
Commissioner Regalado: Well, you don't represent them, but you use their parking.
Mr. Moore: Well, he might be able to speak better on it.
Commissioner Sanchez: State your name for the record, please, if you speak.
Mr. Brenesky: Saul Brenesky. Commissioners, you're absolutely right. Let me explain it really
quickly. Barbarita Grocery had to make some repairs towards the outlet of black waters, 1
believe that they call it, on our drainage and things like that. That is what Barbarita Grocery did
-- they have to do. In the process of it, they did rip up the parking lot arca, and they have
already covered it up. 'They're in the process of fixing it. They're in the process of bringing it
up to Code. What we have requested was that from -- from that -- this is Barbarita. It has
nothing to do with us, with Oz of Miami. We're in the process of negotiating, even as -- with the
City and getting the necessary permits to be sure that, number one, all the water facilities that the
City of Miami requires, that DERM (Department of Environmental Resource Management)
requires are tile(. Then, they will go ahead and finish the paving of that particular area. It was
opened up for issues that have to be connected with the drainage. I cannot answer that. That's
329 September 25, 2001
Barbarita. That is done. it's absolutely no problem. They have to go ahead and we will correct
that -- not "we" -- they'll correct it.
Commissioner Regalado: No, but the way -- Why I raised this issue is because you -- to comply,
you have to use the Barbarita parking lot; is that correct?
Mr. Brcncsl.y: Commissioners, may 1 advise you that the area that was ripped up to fix the
drainage from Barbarita is on the side ol'the building. It does not affect the whole. area.
Commissioner Regalado: OK. Lourdes, noise buffer.
Ms. Slazyk: Well that was the condition on the berm, and the landscaping and the wall. But i
want to clarify one point for the record. The parking, the Barbarita parking that is part of their
application is in order to comply with the conditions, because we wanted the whole thing unified,
and buffered and all that sort of thing. But for Code requirements, they are a restaurant today;
legally operating with the parking they have right now. The additional parking that they're using
Barbarita's for the overflow during the night hours is not a requirement of theirs by Code that
they deed additional parking .for nightclub use, because nightclub, restaurant, they have the same
parking requirements, one to a hundred. And they're grandfathered with what they have today.
The additional parking and the beautification of the whole thing came about as conditions with
the Planning Department to be able to alleviate the overflow parking from the neighborhood onto
this lot that will now be buffered, and screened and landscaped. So it answers -- a lot of the
same concerns you have are the same ones we had when we (lid the review.
Commissioner Regalado: OK. Here is illy motion. I move to deny the appeal, approve with all
the conditions, plus -- plus you need to have security in the perimeter of the restaurant in order to
avoid -- You know, 1 have -- excuse me. I have here the police log, and it's pretty heavy in that
area. According to the Police Department, it's a very unusual number of calls. We need to
protect -- that is -- can we place that condition?
Mr. Maxwell: 1 would suggest that you -- that that wouldn't be a proper condition. We had a
situation fairly analogous to that several years ago, involving a -- i think it was a billiard parlor
or something like that, and -- where the Commission had placed that same type of requirement.
And we were sued on that, and we lost that. They clearly stated that that was in extraordinary
type demand for security, we didn't ordinarily make it, and it was improper. So I would suggest
Commissioner Regalado: And what do you call an extraordinary amount of police calls?
Mr. Maxwell: We don't -- there's no requirement for it in our Code, and we didn't place that
requirement on anyone else. And I believe -- I would defer to staff as to whether or not that's
been a requirement for nightclubs, but I don't thin]( it's been one, to my knowledge, unless there
are circumstances.
(MULTIPLI: PARTIES SPEAKING IN UNISON, UNiNTELLIGIBLE.)
330 September 25, 2001
Mr. Maxwell: They can voluntarily make such an offer, and if they want to do that, they're
talking about, you know, a proffer they're making. And the seem to indicate that they're quite
willing to comply --
Commissioner Sanchez: All sides have had a chance to rebuttal. It's closed, Commissioner.
Commissioner Regalado: No, no, no. Let him proffer.
Ms. Slazyk: if they want to voluntarily proffer secue-ity, they can do that.
Mr. Brenesky: Commissioner, I want you to know that before us here is an off -darty Miami
Police Department that we have hired. And we hired off-duty Miami Police Department to
patrol precisely the parking area, so that we do not have people going out there. Commissioner,
we are prepared that if you want -- although you want more security, we are prepared to say to
you before you Commissioners that we would be willing to comply. Because of the only reasons
-- and it's very important -- we want to work with you all, and we understand the issues. But we
are prepared to do whatever it needs in order to comply with all the rules.
Commissioner Regalado: OK,
Commissioner Sanchez: All right. There's a motion.
Commissioner Teele: I second the motion.
Commissioner Sanchez: A second. Commissioner Teele.
Commissioner Teele: I seconded it.
Commissioner Sanchez: All right, second. Open for discussion. Hearing none, all in favor, say
«aye „
The Commission (Collectively): Aye:
Commissioner Sanchez: Anyone opposing, having the same right, say "nay." it passes
unanimously. And that's to deny the appeal and approve the conditions of the special exception.
Good night.
331 September 25, 2001
The following; resolution was introduced by Commissioner Rcgalado, who moved for its
adoption:
RESOLUTION NO. 01-1036
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AFFIRMING THE DECISION OF THE ZONING
BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM THE
ZONING ORDINANCE✓ OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DIS`1•RICT REGULATIONS, TO ALLOW A
NIGHTCLUB FACILITY FOR THE PROPER'L'Y LOCATED AT
APPROXIMATELY 3470 SOU'THWES'T 8""' STREET, MIAMI, FLORIDA,
SUBJI:?CT TO THE CONDITIONS RECOMMENDED BY THE ZONING
BOARD. IN RESOLUTION ZB 2001-0436 AND A TIME LIMITATION OF
TWELVE MONTHS TO PULL A BUILDING PERMIT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Commissioner'Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur
Commissioner Johnny L. Winton
NAYS: None
ABSENT: 'Vice Chairman Wifredo Gort
332 September 25, 2001
7� , 1]I GU`�S QN REGARDING-�AC�r�IJI2Ai1T�j�/{i'D•S ` S�i,R�.USt..ST�CI�.� T 10T::
V,
Commissioner Regalado: Pocket items.
Commissioner Sanchez: Are we done with PZ (Planning & Zoning) items? Yes, sir. We're
done. Goodnight. OK. We close P7_, items and we reopen the regular agenda. We're on pocket
items. Commissioner Tecle.
Commissioner T'ecle: What 1'd like to do is do my morning blue pages. Would you read, Mr.
Attorney, into the record the first reading, amending Chapter 18, Article III, of the Code of the
City of Miami, Florida, as amended, entitled Financc/Purchasing and Contracts generally to
provide for not-for-profit organizations, which provide a public purpose first consideration as
recipient for the disposition of Categories "A" and "B" surplus stock; more particularly by
amending Section 18-75 of the said Code; containing a repealer provision and a severability
clause, and providing for an effective date. I would so move that item.
Commissioner Regalado: Second.
Commissioner Sanchez: There's a motion and a second. Open for discussion. lt.'s an ordinance
or --?
Commissioner Teele: It's an ordinance. I just read it.
Commissioner Sanchez: It's an ordinance.
Alejandro Vilarello (City Attorney): He just read it.
Commissioner Sanchez: OK. Ile read it. OK. Mr. City Clerk, call the roll
unanimously.
An Ordinance entitled --
A FIRST READING ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 18, ARTICLE 111, OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "FIINTANCE/PURCHASING
AND CON'T'RACTS GENERALLY," TO PROVIDE NOT -FUR -PROFIT
ORGANIZATIONS WHICH PROVIDE A PUBLIC PURPOSE FIRST
CONSIDERATION AS RECIPIENTS FOR THE DISPOSITION OF
CATEGORY "A" AND "B" SURPLUS STOCK; MORE PARTICULARLY BY
AMENDING SEc,r1ON I8-75 OF SAID CODE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
333
September 25, 2001
Passes
was introduced by Commissioner Tec1c, seconded by Commissioner Regalado, and was passed
on first reading by title only, by the following vote:
AYES: Commissioner'romas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
NAYS: None
ABSENT: Vice C:haimian Wifredo Gort.
334 September 25, 2001
74, ]E✓XTEND DEADLINE BY>,z9Qy' DAYS FOR' PRELI>VIINARY AUDIT RPQRT; QN
RdINCIANA y LLAGiE DUE
GT`O�LACK OF PAST R�CQ AG"r r{I.9 FVAj. ATB
AND Ri POR EAK �TO CQ 1SSIpN Q §TATUS Ql�
�; ., t ,-.� 51 ��___. d. Ytr4s, �., i. s f.5
NMII'I'EN�1N,F E FE)S;ANA TRQYAE.CQ.NIIYI�Q,: tITH �;Ct�M%(D1I
Commissioner Sanchez: Commissioner Teele.
Commissioner Teele: Yes. Pocket items -- is a resolution of the Commission of the City
extending the deadline by 90 days for the preliminary audit on the Poinciana Village, pursuant to
Resolution 01 -824, due to the lack of past records; and further, to evaluate and report back to the
C011111liSS1on 011 the Status Of the I101neowners increase and maintenance fees, and to provide the
Commission with recommendations relating to the Homeowners Association. So moved.
Commissioner Winton: Second.
Commissioner Sanchez: It's a motion and a second. Is that also an ordinance or -- that's a
resolution,
Commissioner Tcele: Resolution.
Commissioner Sanchez: It's a resolution. All in -- open for discussion. Hearing none, all in
favor say "ayc."
The Commission (Collectively): Aye.
Commissioner Sancho: Anyone opposing, having, the same right, say "nay." Passes
unanimously.
The following resolution was introduced by Conlnlissioner'feelc, who moved its adoption:
RESOLUTION NO. 01-1037
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 01-824 TO EXTEND THE SUBMITTAL DA'Z'E FOR THE
DEPARTMENT OF iNTERNAL AUDITS' PRELIMINARY AND FINAL
REPORTS BY NINETY DAYS, RESPECI'IVFsLY, FOR REVIEW OF 1'HI
POINCIANA ViLLAGE CONDOMINIUM.
335 September 25, 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 adopted by the
following vote:
AYES:
NAYS:
ABSENT
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E, Toole, Jr.
Commissioncr Johnny 11. Winton
None.
Vice Chairman Wifredo Gon
336 September 25, 2001
•
•
APPROVE C1TY'S CO� SPONSC1FiIP Q�'�'bH'P,,YIYIII�;SP;¢NSr ,Y
NAACP YQ1.ITH COUNCIL T4�SE' HELD QNp' �MBRt 3� t 201 EARQI�I'I;
Commissioner Sancho: Go ahead, Commissioner Teele.
Commissioner Teele: The next one is a resolution requesting that the City of Miami and
Bayfront Trust, jointly, cosponsor and underwrite the cost for the proposed NAACP (National
Association for the Advancement of Colored People) Youth Prayer Vigil scheduled for Sunday,
September 30, 2001, from 4 till 6 PM, providing that the activity is agreed to by the Bayfront
Management Trust s(aff -- Chairman and staff.
Commissioner Winton: And board.
Commissioner Sanchez: All right. There's a motion. And a second?
Commissioner Regalado: Second.
Commissioner Winton: Second.
Commissioner Sanchez: There's a second? All in flavor say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the sane right, say "nay." Passes
unanimously.
The following resolution was introduced by Commissioner Tecle, who moved its adoption:
RESOLUTION NO. 01-1038
A RESOLUTION OF THE MIAMI C1'1'Y COMMISSION APPROVING THE
CITY'S CO-SPONSORSHIP OF A YOUTH PRAYER VIGIL SPONSORED
BY THE NAACP YOUTH COUNCIL ("ORGANIZER") TO BE HELD ON
SEPTEMBER 30, 2001, FROM 4:00 Y.M. TO 6:00 P.M. AT BAYFRONT
PARR, PROVIDED IT DOES NOT CONFLICT WITH ANY OTHER
SCHEDULED EVENT; AUTHORIZING THE WAIVER OF ALL FEES BY
BAYFRONT PARK MANAGI MENT TRUST,
337 September 25, 2001
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Toole, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
Commissioner Sanchez: 'That's for the 30`'
Commissioner Toole: Yes. 'That's for Sunday, September 30`x', from four to six. But it's bot to
have a provision that this is not in conflict and is supported by the Bayfront --
Commissioner Sanchez: Yeah. Well, that's -- we need to find out if there's an even that day. If
not, more than glad as long as no one is making a profit on it,
Commissioner Toole: Yeah.
338 September 25, 2001
76; FIRST RENDING OI�A]NA°NCE A��ND 2;42($), N4 CITY`' CODE E1�T��I�Dt1
n
"AI�MINISTRAT'ION,OFFI�IIR 10 A SINE ANIS` �E T TWIT
Y l
"F.XT.ENS1jVE - =ISE�1ItCH SEE"�''I'O BE jtATG�NI� 7yu CU1�'¢,
E3CTI�TSNENQLUIvIiO[7S' PLIC R$G�ORD�fi'�`SI<'S ;II'AC �bD`ATC VY2ti;
FI✓O10A..$Tt— w,T
Commissioner Teele: This is an ordinance of the Miami City Commission amending Chapter 2,
Article III, Division 4 of the Code of the City of Miami, as amended, entitled "Administration,
Officers, City Clerk" to define and establish an extensive research fee to be charged in
connection with extensive and voluminous public records requests, in accordance with Section
119.07 Florida Statutes; and more particularly by amending; Section 2-142E of said code;
containing; a repealer provision and a severability clause and providing for an effective date. So
moved.
Commissioner Winton: Second,
Commissioner Sanchez: There's a motion and a second. All in favor say "ayc."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing;? It's an ordinance.
Commissioner Teele: it's an ordinance. It's got to be -- I read --
Commissioner Sanchez: You read the ordinance. OK.. Mr, City Clerk, call the roll. Passes
unanimously.
An Ordinance entitled –
AN ORDINANCE. OF THE MIAMI CiTY COMMISSION AMENDING
CHAPTER 2, ARTICLE 111, DIVISION 4 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENI'ITLED "ADMINISTRATION,
OFFICERS, CITY CLERK," TO DEI7INE AND ESTABLISH AN
"EXTENSIVE RESEARCH FEE" TO BE CHARGED IN CONNECTION WITH
EXTENSIVE/VOLUMINOUS PUBLIC RECORDS REQUESTS IN
ACCORDANCE WITH 119.07 FL,A. STATS.; MORE PARTICULARLY BY
AMENDING SECTION 2-142 (e) OF SAiD CODE; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
339 September 25, 2001
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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
A13SENT: Vice Chairman, Wifi•edo Gort
The ordinance was read by title into the public record by the City Attorney.
340 September 25, 2001
771 . AUTI4O. , E MANAGP
:R -TOr II PLE-MEN'T ;-N II�1FORM, .1DNs CfAM't Q
EDIJCAE 1QTERS INI,TQVE1tii�ER 6F AN;13�'�GQI=i.FCTYO�I STIP.LJi�A'��,T
NO CNF.OP�.v1kT-fGNAL J.-E;1Vli�DE Il�j'� C.'W �C�IbN W��Fd C ►�T�R
AMENDMENT NQ;-' IOLA'TED TO ALARILS� QF,. t�OMMISSIONEIt ), =,`C 1'
Commissioner• Tecle: All right. ']'his is a resolution of the City Commission that has the support
of the management. And it is to implement an informational campaign to educate the voters in
the City of Miami regarding the ballot questions scheduled for November nth election related to
the proposed lease of Watson Island and Flagstone .
Carlos Gimenez (City Manager): 'That's our pocket item, Commissioner.
Commissioner Teele: Why we don't -- why would we just educate on that? (INAUDIBLE)
educate on all of the ballot questions.
Commissioner Winton: Yeah.
Commissioner Rcgalado: You're asking a hundred thousand dollars (5100,000) to educate --
Mr. Gimenez: No, no, no, no. When i was going to bring it up, I was going to amend that to
thirty-five thousand dollars (535,000) to educate the citizens of Mianti about the Watson Island
Project.
Commissioner Tecle: But my question is -- and I'll be happy to consider it, but why wouldn't
we educate on all of the ballot questions?
Mr. Gimenez: 1 have no problem with that.
Commissioner Tecle: We've got ballot questions on property, for example, on disposal of
property, that are far more important to the neighborhoods --
Commissioner Winton: And economic development tool for --
Commissioner 'Tecic: And economic development tools. 1 think what you should do is leave
this at a hundred thousand dollars ($100,000), and to say on all ballot questions, as determined
by the City Manager. And then let's sit down and figure it out. But to pick the Watson -- first of
all, the last thing we ought to spend money for is the Watson Island one, in my opinion. We
ought to ask the -- you know, irthis developer really wants to do it --
Mr. Gimenez: 'They're going to spend their money, but they can actually advocate. We can only
inform.
Commissioner Tecle: But you can inform about the rest of the ballot questions. That's what I'm
saying. You've got a committee, that was headed by Commissioner Winton, that met countless
hours for over a year, that has a series of ballot initiatives and, in my opinion, are far more
important and have far more consequences than this issue.
341 September 25, 2001
Mr. Gimenez: Commissioner, I have no problem with that. We'll do all ballot questions.
Commissioner Teele: OK.
Mr. Gimencz: That's fine.
Commissioner Teele: So, this would be a resolution of the City Commission authorizing the
City Manager to implement an informational campaign to educate voters in the City of Miami
about all ballot questions scheduled for the November 6"' elections.
Commissioner Winton: November 1311'?
Commissioner Teele: November 6"' and 13°i --
Commissioner Regalado: November G.
Commissioner Sanchez: And 131x'.
Commissioner Regalado: And 13,
Commissioner Teele: -- 2001 elections, allocating funds in an amount not to exceed one hundred
thousand dollars ($100,000) from C1P (Capital Improvement Project) project number 344102,
entitled "Development Project Consultants" for this purpose.
Commissioner Sanchez: There's a motion.
Commissioner Winton: So moved -- no, second.
Commissioner Sanchez: And a second, as amended, with -- to change the date -- well, to also
address the 13`" and also all ballot questions. It's a resolution. It's under discussion. Hearing
none, all in favor say "aye." And those opposed have the same --
Commissioner Regalado One "no." No, no, no, no, no.
Commissioner Teele: Mr. Manager, in all honesty --
Commissioner Regalado: One "no."
Commissioner Sanchez: O.K. Wait a minute. You're opposing it? So, it's one "no," right?
Commissioner Regalado: Yeah, one "no."
342 September 25, 2001
•
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 0t-1039
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER TO IMPLEMENT AN EDUCATIONAL PROGRAM FOR
THE PURPOSE OF INFORMING AND EXPLAINFNG TO THE VOTERS OF
THE CITY OF MIAMI THE ELEMENTS INVOLVED RELATED TO
CONSIDERATION OF CERTAIN CHARTER AMENDMENTS AND
BALLOT QUESTIONS SET FORTH IJEREIN WHICH ARE SCHEDULED TO
APPEAR ON THE NOVEMBER 6, 2001 ELECTION BALLOT; FURTHER
ALLOCATING FUNDS, 1N AN AMOUNT NOT TO EXCEED $100,000,
FROM AN ACCOUNT TO BE IDENTIFIED BY THE CITY MANAGER, FOR
SAID EDUCA'T'IONAL PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: Commissioner Tomas Regalado
ABSENT: Vice Chairman Wifredo Gort
Commissioner Teele: Mr. Manager, in all honesty, I think you really should sit down with
Commissioner Winton and work on some of these ballot questions. We've got property all over
this City that would be nnore intelligently managed. I mean, there'sa. series without picking; out
any one or two things. I mean, I'd even go so far as to say you can exclude the issue of salary,
you know. In fact, I would pass a separate resolution -- a separate motion to amend the previous
resolution to exclude the ballot question --
Commissioner Regalado: That's why I voted "no."
Commissioner Sanchez: Then why didn't you just state it on the record'?
Commissioner Teele: Why didn't you just help make it a better legislation?
Commissioner Winton: Then why didn't you say something?
Commissioner Regalado: Because you guys, you know, you cannot use the taxpayers' money to
advocate for its.
343 September 2.5, 2001
Commissioner Teele: All right. So, I agree. So, we all agree. So the motion would he to amend
the previous motion --
Alejandro Vilarello (City Attorney): To reconsider it.
Commissioner Tecic: Motion to reconsider the resolution.
Commissioner Sanchez: There's a motion to reconsider. Is there a second?
Commissioner Winton: Yes.
Commissioner Sanchez: Second. Ali in favor say "ayc."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the same right, say "nay." Passes
till alli 11101181 Y.
The following motion was introduced by Commissioner Teele, who moved its adoption:
M OT I ON NO. 0 l -1040
A MOTION TO RECONSIDER PRIOR VOTE TAKEN ON MOTION
NO, 01-1039.
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. Tecle, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Vice Chairman Wiftedo Gort
Commissioner Teele: And the motion would be to amend the resolution relating to the ballot
questions of November 61'' and 1311i, with a hundred thousand dollars ($100,000), provided,
however, that no reference or no education program should he taken -- undertaken regarding the
sltlluy issues on the ballot, which is ballot item number --
Commissioner Sanchez: Whichever number it may be.
Commissioner Teele: Whatever number --
344
September 25, 2001
0 •.
Commissioner Sanchez: There's a motion, Is there a second?
Commissioner Winton: Second.
Commissioner Sanchez: Second by Commissioner Winton. It's open for discussion. Hearing
none, all in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the same right, say "nay." Passes
unanimously.
The following motion was introduced by Commissioner'1'eele, who moved its adoption:
M OTION NO. 01-1041
A MOTION AUTHORIZING THE CITY MANAGER TO IMPLEMENT AN
EDUCATIONAL PROGRAM FOR THE PURPOSE OF INFORMING AND
EXPLAINING TO THE VOTI IZS OF THE CITY OF MiAMI THE ELEMENTS
INVOLVED RELATED TO CONSIDERATION OF FOLLOWING ISSUES
SCHEDULED FOR ELECTION OF NOVEMBER 6,2001:
❖ CHARTER AMENDMENT NO. 1 -- CIVILIAN
INVESTIGATIVE PANEL
❖ CHARTER AMENDMENT NO. 2 -- GLOBAL CHARTER
CLEANUP
❖ CHARTER AMENDMENT NO. 3 -- USE OF CiTY PROPERTY
•.• BALLOT QUESTION NO. 1 -- WATSON ISLAND
DEVELOPMENT
❖ BALLOT QUESTION NO. 2 -- PROPERTY TAX
EXEMPTIONS FOR BUSINESSES;
FURTHER STIPULATING THAT NO INFORMATIONAL CAMPAIGN BE
MADE 1N CONNECTION WITH THE CITARTER AMENDMENT NO. 4
RELATED TO SALARIES OF THE COMMISSIONERS.
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. Tcele, .Ir.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
345 September 25, 2001
78. AUT OIR , MANAGER. TO GO SpONS�OR HOMESTEAD _1,,i I SptED`WAY`
�YEN2 .NRQVIp D xHFRE;' IS NQ4; LI=TIGATIQN � . H4M1vSTFAD
nTORSPORT ItE�"rrARDING ;AUTO RACE DOWNTO r ; .'
°r
PI,AGFiMENT�„ OF BAS ')S:` 3t� GRQ9uP'Q;AI��7T ��5 EU;NT� OlY i,IGHT
Commissioner Teele: And the final two would be a motion approving the placement of highway
light pole bailners for the homestead Miami Speedway --
Commissioner Sanchez: I can't believe this.
Commissioncr Winton: You've got to be kidding me.
Commissioner Tecle: -- on City of Miami thoroughfares, to inform City residents and visitors of
the upcoming event at the Homestead Miami Speedway.
Commissioner Regalado: And for the City of Miami to co-sponsor the placing of banners.
Commissioner Teele: And for the City to co-sponsor the placement of banners. I would so
move.
Commissioner Winton: Second.
Commissioner Sanchez: There is a motion and a second. Open for discussion. Commissioner
Winton, would you life to discuss this item?
Commissioner Winton: You know, I'm supposed --
Commissioner Sanchez: Hearing none --
Commissioner Winton: 1 recognize the fact that I'm supposed to be bigger, but i -- they made
me so mad --
Commissioncr Sanchez: Disregard it.
Commissioner Winton: -- at two different meetings, they were so rude to us, beyond belief --
Commissioner Teelc: Well, I'll accept a. friendly amendment.
Commissioner Winton: -- that I haven't grown yet.
Commissioncr Teele: i'll accept one amendment.
Commissioner Winton: OK.
346 September 25, 2001
Commissioner Teele: Provided there's no litigation fled by the Homestead Motor Sport
regarding the race downtown.
Commissioner Winton: Oh, amen.
Commissioner Sancho: OK.
Commissioner Teele: Isn't that fair?
Commissioner Regalado: Yeah, it's fair.
Coin missioncr Winton: Yeah. That's perfect.. Now, I'll vote.
Coin missiotier Sanchez: OK. With that amendment, the maker of the motion, and a second.
OK. It's under discussion. Hearing none, all in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the same right, say "nay." Passes
unanimously.
The following motion was introduced by Commissioner Tcele, who moved its adoption:
MOTION NO. 01-1042
A MOTION APPROVING THE PLACEMENT OF HIGHWAY LIGHTPOLE
BANNERS FOR I-IOMESI'EAD-MIAMI SPEEDWAY ON THE CITY OF
MIAMI'S THOROUGHFARES TO INFORM. CITY RESIDENTS AND
VISITORS ABOUT UPCOMING EVENT(S); FURTHER AUTHORIZING THE
CITY OF MIAMI TO CO-SPONSOR THE PLACEMENT OF SAID BANNERS
PROVI-DED TI4AT THERE 1S NO LITIGATION FILED 13Y I-lOMESTEAD-
MIAMI SPEEDWAY REGARDING A RACE IN DOWNTOWN 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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
347 September 25, 2001
4 �
79. AU�'•kTQRYZi:Iy1ANGBA T4: PURGHiSL'1�RCEI `' ' Y
Commissioner Tecic: Now, these are at the request of the management. These are very
important, These are a resolution of the City Commission, with attachments, authorizing the
City Manager, by a four-fifths vote, to purchase parcels included on the attached list.; further
authorizing the City Manager to execute purchase agreements for said parcels in an acceptable
form to the City Attorney. I would so move. And I'd like to discuss it briefly.
Commissioner Sanchez: There's a motion.
Commissioner Winton: Second, but I don't understand it.
Commissioner Sanchez: Second. Under discussion. Commissioner Teele.
Commissioner Winton: We're baying something?
Commissioner Tccle: OK. What you have is, this is the land in the Model Cities Trust arca,
whereby the City is purchasing land. Ilowever, the land appraisals are coming back rather
distorted and spotty. In other words, we don't have a sufficient -- what do you call them'? A
sufficient pool of purchases to establish fair evaluation. This authorizes the Manager to pay what
he deems to be reasonable for a certain list of properties. There are 30 properties identified, and
it's up to the Manager to make those determinations. Once we make enough of these
acquisitions, we will have a sufficient basis, I think. Ms. Warren, you want to help me with this?
Gwendolyn Warren (Director, Community Development): No. What I was explaining to the
Manager -- he wanted to know why he hadn't seen it yet, and I was telling him it was being a
pocket item of yours, not mine.
Commissioner Teele: But it was -- but let me just explain to you and the Manager what's going
on. These properties have been in the City Attorney's Office --
Ms. Warren: Absolutely.
Commissioner Tecle: -- for the better part of five to six months, being -- trying to work through
certain evaluation issues. And I met with the City Attorney and determined that this was the hold
up. And this would give the Manager the ability to move forward. The Manager doesn't have to
buy one thing. It just gives him the authority to work with the City Attorney's Office to resolve
the issues between the seller, the appraisal and the City.
Ms. Warren: Sir, if' I could explain to the -- what you have before you is a list of properties that
have gone through the appraisal process in the City. The issue is that the -- it requires two
appraisals. We have offered or made a recommendation oil the highest appraised property --
value, which is what the process requires and, basically, we're asking, in order to expedite them,
that the City Commission approve the acquisition so we can go ahead with the purchase
agreements. The City Law Department has already entered into it and is in the process of, I
348 September 25, 2001
guess, expediting the execution of the agreements and these are the sum total of the agreements
today.
Commissioner Teele: And this represents the agreements that are in the Law Department or
somewhere between the appraisal process --
Ms. Warren: There (INAUDIBLE) been accepted. The appraisals have been approved. The
offers have been approved by the homeowners, and they have been forwarded to the Law
Department, yes. That is the list that was requested.
Alejandro Vilarello (City Attorney): I hadn't seen these resolutions, but this is the missing
pieces of the puzzles that I had advised Ms. Warren that we needed in order to move through
with -- not all of these projects, but With many.
Commissioner Teele: Yeah, but we're not mandating that they do anything. We're only
authorizing the City Attorney and you to go ahead and close these properties if you deem them
appropriate.
Ms. Warren: Correct.
Commissioner Sanchez: All right.
Ms. Warren: The process has been completed. The resolution, basically, completes it. The
offers have been made, the appraisals have been clone, and we're --
Commissioner Winton: Have we discussed these purchases -- these specific purchases as a part
of a bigger purchase package that we've already approved --
Ms. Warren: Yes.
Commissioner Winton: -- and that we've discussed in a publicly noticed meeting before, where
it was on an agenda?
Ms. Warren: Yes, yes. At your February --
Commissioner Teele: No, no, no, no, no, no. It's been discussed in the context of a zone, that is,
12`x' Avenue to 19t" Avenue, between 54'x' Street and 62"`i Streets. I want to make sure that the
context of this is limited to that area.
Ms. Warren: It's a homeownership zone.
Commissioner Winton: Yeah, I understand the zone. Here's -- what my only concern is,
because l know what we're doing here, I know the zone, which we've all completely signed off
on. I just -- and maybe you can help me bore. I have this nervousness in me that says, "I'm not
sure we want to approve." And you keep saying, "Maybe we're not doing this." I'm nervous
349 September 25, 2001
that we're approving the expenditure of three million, almost four million dollars ($4,000,000) in
a pocket item.
Commissioner Tcele: No.
Ms. Warren: If I could --
Commissioner Teele: No, no, no. No. Let the Attorney correct that, because that's notwhat
we're doing.
Mr. Vilarello: `that's not what you're doing. You've already adopted a resolution, which
authorizes acquisition well in excess of that number that you mentioned. This is simply
complying -- trying to address and comply with state statutes, which limit our ability to acquire
property. Under certain circumstances, you need an extraordinary vote; other circumstances, you
can exceed the appraised value. One of these pieces of resolution authorizes the Manager to
exceed it by up to fifteen percent. You're not giving hint a blank check. You're giving him
authority to exceed it, because it might be a piece of property that is vital to the Model Cities
Homeownership Program. So, in those instances, you've authorized the Manager to exceed the
appraised value, up to fifteen percent.
Commissioner Winton: Great. I understand. Thank you.
Commissioner Sanchez: All right.
Commissioner Tecle: Call the roll.
Commissioner Sanchez: Mr. City Clerk, call the roll.
Walter Foeman (City Clerk): I need a seconder.
Commissioner Winton: Second.
The following; resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO, 01-1043
A RESOLUTION OF THE MIAMI' CITY COMMISSION, WITH
ATTACI•IMENT(S), BY A FOUR-FIFTHS (4/5AFFIRMATIVE VOTE,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
ACTIONS IN ACQUIRING CERTAIN PROPERTIES IN THE MODEL CITY
FIOMEOWNERSHIP ZONE, AS LISTED ON ATTACHMENT NO. 1 AND
INCORPORATED BY REFERENCE; AUTHORIZINGTHE CITY MANAGER.
TO EXECUTE ALL NECESSARY DOCUMENTS AND PURCHASE
AGREEMENTS, N A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR SAID PURPOSE.
350 September 25, 2001
0
•
(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 Rcgalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teelc, .lr
Commissioner Johnny L. Winton
NAYS: None.
A13SENT: Vice Chairman Wifi•cdo Gort
351 September 25, 2001
0 •
89. ESTALTSII .POLICY `RELATING „ rTOACQC�151T'ION ; Cf LAI�jDS )�O• R;.
HOMEOWNE SH -T;: G(j VlPR HENT rI" Iz k-
i?Q�i EROJ$S
t
COMMUNITY REV�TAIaIZATIQNtj
IN .9
A. ?F, ,s CIrR TO
OFFER UP� TOr FIFTEElIR r�T 'ABOVtE I I;r�rFStT ,AQP ' #''ALU1;11F RFr;L,
PRORLR'TESnTO BEiACG�UIJZI IN GOEer^`�iIITli'IkL`PA`PXQ�ST
f` .� 1.Y , �'.
PROJE :TS
Commissioner Tcele: OK. And this is the companion resolution, and this is coming again, with
my understanding, with the permission of the City Attorney. It's a resolution of the City
Commission establishing the policy of establishing to the acquisition of land for the
Homeownership Zone and Comprehensive Revitalization Projects in the Community
Revitalization District, that authorizes the City Manager to offer up to fifteen percent above the
highest appraised values on properties to be acquired in conjunction with the implementation of
the said projects. So moved.
Commissioner Regalado: Second.
Commissioner Sanchez,: There's a motion and a second.
Commissioner Winton: Second.
Commissioner Sanchez: Under discussion. Is it an ordinance or resolution?
Commissioner `1'eele: Resolution.
Commissioner Sanchez: It's a resolution. All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the same right, say "nay." Passes
unanimously.
352 September 25, 2001
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO, 01-1044
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS
'!'TIS
(4/5 ) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S LAND ACQUISI'T'ION POLICY
FOR HOMEOWNERSHIP AND COMPREHENSIVE REVITALIZA'T'ION
PROJECTS IN TI -IE COMMUNITY REVITALIZATION DISTRICTS, WHICH
POLICY AUTHORIZES THE: CITY MANAGER TO OFFER A PUItCHASE,
PRICE, OF IJP TO FIFTEEN PERCENT (15%) ABOVE THE HIGHEST OF
THE TWO APPRAISALS FOR PARCELS TO RF. ACQUIRED; AND
FURTHER REQUIRING THE CITY MANAGER TO OBTAIN CITY
COMMISSION RATIFICATION AND APPROVAL FOR THE PURCHASE OF
ANY PROPERTY THAT EXCEEDS THE PUItCI-IASL:
n., ALLOCATE B'AL,ANC .QF TSTR C� S []N[X Fly =OF T E = C"rFT. A�+ ,OF
�EPTIIjBR 3U, ?OQI'AS;;GR;AN1T420R40�'S'AI�DfCU1�'CJ FQIJNlp�ATION,`I%C`?R
4ST QFa�?IIC1T,'FEIRE> $OI.IA `WASTE A OTIF,R C'1,Y,SEtVC)�SFJR MfxY Rp
`-)it001'�.' ' �:CCYiTURE')>~EST'�VAL'", HELp A, •...` ��1' ]N'LI`t,�'�:E�HAI` --'� ;,
Commissioner Sanchez: Pocket items.
Commissioner Teele: And the final one would be a resolution of the Commission allocating the
balance of the District 5 unused office budget as of September 30'x', as a grant to Roots and
Culture Foundation for the cost of Police, Fire and Solid Waste and other City services, for the
May 2002 Roots and Culture ({estival held annually in Little Haiti. i would so move.
Commissioner Winton: Second,
Commissioner Sanchez: There's a motion and a second. Open for discussion. [-Tearing none, all
in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the same right, say "nay." Passes
unanimously.
The following motion was introduced by Conmiissioner Tecle, who moved its adoption:
MOTION NO, 01-1045
A MOTION ALLOCATiNG TI -1E BALANCE OF THE DISTRICT 5 UNUSED
OFFICE BUDGET AS OF SEPTEMBER 30, 2001 AS A GRANT TO THE
ROOTS AND CULTURE FOUNDATION, INC. FOR TI"IE COST OF POLICE,
FIRE, SOLID WASTE AND OTIJER CITY Oh MIAMI SERVICES FOR THE
MAY 2002 "ROOTS AND CULTURE. FESTIVAL" HELD ANNUALLY IN
LITTLE HAITI.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following vote:
AYES:
NAYS:
ABSENT:
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
None.
Vice Chairman Wifi-edo Gort
354 September 25, 2001
.$2.
COMM11�b�Y 75TH B1AAY, zLAT,JT,[(( `F.� Stz CntOT0;�: RICt
;HANNERS TPt bT C�°Az4+st•1`�'Q�1•I_SPfJF,S�x01 G`Y'I!JQr..' 1�,
Commissioner Sanchez: Commissioner Winton, you have any pocket items? Sir, you're
recognized.
Commissioner Winton: Yes, I do.
Commissioner Regalado: 1 have a pocket item.
Commissioner Winton: Banner co-sponsorship.
Commissioner Rcgalado: Another one.
Commissioner Winton: I've got three of them.
Commissioner Sanchez: Great God almighty.
Commissioner Winton: Coconut Grove Playhouse, commemorating 75'x' birthday. So moved.
Commissioner Sanchez: Second?
Commissioner Rcgalado: That's cool. Second.
Commissioner Sanchez: Discussion. hearing none, all in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the same ribbt, say "nay." Passes
unanimously.
The following motion was introduced by Commissioner Winton who moved its adoption:
MOTION NO. 01-1046
A MOTTON AUTHORIZING THE CITY MANAGER TO COSPONSOR THE
COCONUT GROVE PLAYHOUSE COMMEMORATIVE 75""' BIRTHDAY;
FURTHER AUTHORIZING SAID GROUP TO PLACE BANNERS
PROMOTING SAID EVENT ON LIGHT POLES SITUATED ON CITY OF
MIAMI THOROUGHFARES.
355 September 25, 2001
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
NAYS:
ABSENT:
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
None.
Vice Chairman Wifredo Gort
356 September 25, 2001
83. } CLARIF'ICATJ.ON BYIT'� AT'TORIt'i' C�rI PR�rVIUU' REO[TTOI�j
ES'IA IIS LI�I� ,POLACX R LA'I'ING ' U "; AC UISTTIU
HOMEOWNERSITIPANDI COMRE13EiS�`�VV�!`'�i,�`ONR� Q,,';
�OMIVI<UNITY•�R�VITALI2A.TI..QN��'DISTRICT� �� - �U'I,HCj�I��,� A/�AT�TIIGER TO,�
TOO
,-OFF.• ° _ £�� $' e as , ".�.'wex R.w $ 1, IO
R UP TJ-IIIFTVs� T'PROM -101OUBACONid Wd
�W
PROM TS Q9. 0. t�
Coin missioner Sanchez: Mr. City Attorney, you're recognized.
Alejandro Vilarello (City Attorney): Yes. Going back to the resolution that authorized the
Manager to exceed appraised value by 15 percent, it should have stated in the resolution caption
that it was approved by a four-fifths vote. It doesn't -- it was, in fact, approved by a four-fifths
votes
Commissioner Teele: But the caption should say --
Mr. Vilarello: I will make that change, unless the Commission has an objection to it, that it's
been approved by a four-fifths vote.
Commissioner Teele: I have no objection.
Commissioner Sanchez: OK. No objection.
Commissioner Tecle: In the caption.
Commissioner Sanchez: Go ahead. It passed unanimously.
357 September 25, 2001
F
84. �1,UTHOR;1[ZE MANAGER TO CQI?ONSO1i�VIIAIv,iEAAM$8 A�JH�IZE,:
SAID CrROT,JF#n'PO,PLPiE QRS F12'OMQ�NQ'IR`A�VIfi kl ;N �I� PO,IL�$� ON
CITY T�OROtTGHFARES;
Commissioner Sancho: Commissioner Winton.
Commissioner Winton: Miami Heat promotional banners placed in right-of-way control by
FDOT (Florida Department of Transportation). So moved.
Commissioner Regalado: Second.
Commissioner .Sanchez: Second? Open ('or discussion. Hearing none, all in .favor say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the sante right, say "nay." Passes
unanimously.
The following motion was introduced by Commissioner Winton, who moved its adoption:
MOTION NO. 01-1047
A MOTION AUTHORIZING THE CITY MANAGER TO COSPONSOR TUIE
MMA11 IiEAT GAMES; FUR'r1IER AUTI-IORIZING SAID GROUP 1'0
PLACE BANNERS PROMOTING THEIR GAMES ON LIGFIT POLES
SITUA'I:'EI) ON CITY OF MIAMI THOROUGHFARES.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissloner.loe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
358 September 25, 2001
0 •
8S, ACT�iOR1ZE<MANAG � TO C0SPONSOX; AW- 0 .. WkIITE Y�FUI�D�AIS�R:
AOR AIDS/FHIV, FURTHER 1?U'rFiQRI?ING SAID �CiRpiP�'t� FACE11NRRS'
PRQ vIQTINQ ITS &PENT ON LIGkiT FQ . S:F I"CCT,�TB jON: QIP' OF. Mil m.
TRQROtJ`►IrIARS:: -lz
Commissioner Winton: Same think. Care resource for announcement of annual White Party
Fundraiser to help raise funds for the prevention and awareness of AIDS (Acquired
Immunodeficiency Syndrome), HIV (1-1uman Immunodeficiency Virus) or 111WA1DS. So
moved,
Commissioner Regalado: Second.
Commissioner Sanchez: There's a motion and a second. Open for discussion. Hearing none, all
in favor say "aye,"
The Commission (Collectively): Aye.
Commissioner Sanchcz: Anyone opposing --
Commissioner Winton: Resolution accepting --
Commissioner Sancho: -- say "nay." Passes unanimously.
The following notion was introduced by Commissioner Winton, who moved its adoption:
M OTION NO. 0l -1048
A MOTION AUTHORTLING TI -IE CITY ,IMANAGER TO COSPONSOR THE
ANNUAL. WI- rrE PARTY FUNDRAISER FOR AIDS/HIV; FURTIiER
AUTHORIZING SAID GROUP TO PLACE BANNERS PROMOTING ITS
EVENT ON LIGHT POLES SITUATED ON CITY OF MIAMI
THOROUGHFARES.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
APES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur.E. Tcele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Vice Chairman Wifrcdo Gort
359 September 25, 2001
0 r
ACCEPT D4NATiQ�1 Orr COCONUT G QyE 2F$1Y �1 T]i� ST qF TRE "
STIR RERY STRi~ET FL)RIyIT'LIRE'0 gyp, PAC1D `=1Tt �'I�IG� RIGHTS*F!
!"t ! K
WAY LOCFD O ;$UU'I>aS'PuOER?F R1!i► NU 3iT1A PL'�7k� St,IF,1;
5UE
PP
OpRIA 13 PEViITS f Q P,AM 11T:
Commissioner Winton: A resolution accepting the donation of the Coconut Grove Treetnan
Trust of T rees, Shrubbery and Street Furniture, which is a beach to be placed in the public right-
of-way, located southwest corner of Palm Avenue and Plaza Street; further directing the City
Manager to issue appropriate permits fur the placement of the aforementioned item within the
public right-of-way. So moved.
Commissioner Regalado: Second.
Commissioner Sanchez: There's a motion and a second. Open for discussion, Hearing none, all
in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the same right, say "nay." Passes
unanimously, Mr. City Clerk.
The following resolution was introduced by Commissioner Winton, who moved its adoption.
RESOLUTION NO. 01-1049
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING TILE
DONATION FROM THE COCONUT GROVE TREE MAN TRUST OF THE
ACQUISITION, DELIVERY AND INSTALLATION OF TREES,
SIIRUBBERY AND A BENCH TO BE PLACED IN' THE PUBLIC RIGHTS-
OF-WAY LOCATED AT THE SOUTHIWEST CORNER OF PLAZA STREET
AND PALM AVENUE, MIAMI, FLORIDA; DIRECTING TIIE CITY
MANAGER TO ISSUE THE APPROPRIATE PERMITS FOR PLACEMENT
OF SAID DONATIONS AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN' A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
ACCEPTANCE OF SAID DONA'T'IONS.
360 September 25, 2001
•
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Conunissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joc Sanchez
Commissioner Arthur E. Tcele, Jr.
Commissioner Johnny L. Winton
NAYS: Nona
ABSENT: Vice Chairman Wifredo Gort
361 September 25, 2001
• 0
87. ACCEPT pONA�'I4N F)�01Vi OCE rTAl-
E TR7ST `;p1 "� 1 TU
r
CQvE1t.IN0COS4F 1�CY,}TY EMP.OYks41V!'NT�£s�sQ
fi �$ F� s:A Tx,� A ' � v tBo
1.M-113 TREES FQI } D4C1`' CxI01 AT K1rh'1 7 P�1 ,N � �Q IN1 C}, Ei°
�=
FOR DO(>`a `SECTIpN� tAT BLATL PACK, r1'V�'x' ` WDR'
CHILDRNESFCTIQN`A`T BLAJ�IE;PAiC,,SIX_�.�rt40 �:)1V T' 4�LS FC3;PL11IC
RIGHT -OF WAY. VEkLUIaZ.
Commissioner Winton: Resolution accepting, the donation from Coconut Grove Treeman Trust -
Commissioner Sanchez: You already read that one.
Coin missioner Winton: No, this is a new one. Seventeen hundred and ten dollars ($1,710) to
cover the cost of 19 City employees from NET (Neighborhood Enhancement Teams), Parks and
Public Works, to attend a seminar entitled, "Pruning Trees For Safety, health and Aesthetics," at
Miami -Dade Community College October 4. And accept three Gumbo Limbo trees for dog
section at Kennedy Park, one Gumbo Limbo tree for dog park area of Blanche Park, two
Mahoganies, two Oak trees, a partridge and a pear tree -- oh, I'm sorry. Two Mahoganies, two
Oaks ('or the children's section of Blanche Park --
Commissioner Rcgalado: Do you have any avocado trees?
Commissioner Winton: -- six Gumbo Lirnbo trees public right-of-way southeast corner of Plaza
and Palmetto. Total cost of the donation, trees and the installation, five thousand, five hundred,
sixty-eight dollars ($5,568). So moved.
Commissioner Sanchez.: There's a motion and a second.
Commissioner Regalado: Second,
Commissioner Sanchez: Commissioner Rcgalado second. Open for discussion. Hearing none,
all in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the same right, say "nay."
362 September 25, 2001
• 0
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 01-1050
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
DONATIONS FROM TBE COCONIJT GROVE TREE MAN TRUST OF (1)
FUNDS, IN THE AMOUNT OF $1,710, TO COVER THE REGIS'T'RATION
COS'T'S FOR NINETEEN CITY OF MIAMI EMPLOYEES TO ATTEND A
SEMINAR, AND (2) THE ACQUISITION, DELIVERY AND INSTALLATION
OF T111113E GUM130 LIMBO TREES TO BE PLANTED IN THE DOG
SECTION OF KENNEDY PARK, ONE GUMBO LIMBO TREE TO BE
PLANTED IN THE DOG SECTION OF BLANCHE PARK, TWO
MAHOGANY AND TWO OAK TREES TO BE PLANTED IN THE
CHILDREN'S SECTION ON BLANCHE PARK, AND SIX GUMBO LIMBO
TREES TO 1.3E PLANTED IN THE PUBLIC RIGHT -UT -WAY,
COLLECTIVELY VALUED AT APPROXIMATELY $5,568; DIRECTING
'('HE CITY MANAGER TO ISSUf. THE APPROPRIATE PERMITS FOR
PLACEMENT OF SAID DONATIONS AND TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEP'T'ABLE TO T13E CITY
ATTORNEY, FOR ACCEPTANCE OF SAID DONA'T'IONS.
(Here follows body of'resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Vice Chairman Wifredo Gorr
363 September 25, 2001
88; RESCIlyA,SOLL7TON NO, (i1 $17 ASD' aSSITT;,UME�VT ARMENT ANI]
SLTBSTI'UTE T1lS RS'OI.: ZOIC' AU'j?1i0a�i,C'r;V1A'I�AGR TO ?CUTE
�ETTFLEMEN' " ,GREEN ENT,` FA 'I)`TG AND ENS _ 1�NTa �I W
CO�jRUG�'I`bN ?CON'P1tACT TO t✓QMI'LE11rI�T�`i4ll.It�`fTQ� r
b r r i 3'cxR' R'•n�1-:
T:C� MILLION �I' COM1LB2E :SETLMEI�i,`T OF,' C 1° F �fi FgRA'9F RIC
„ n� -n
MAN, -INT RNA'�IONAL, .1 1C .VS. 1JTI TY AwnX�II+,II�IG, I TCS, I
CITY, AL.fJCATE 1842,067.SG FRAM S LF` II��h' ai CES � •f'rII�I�j7I2
riJND',' FR4MtCAP>(TAL�AkIRR�QyEM NT
PRO,
�''I�.W.
-
Commissioner Sanchez: You and the doggy.
Commissioner Winton: And I have --
Commissioner Sanchez..: You and the doggy show.
Commissioner Winton: -- two more. The flag one, Flags. And this one is -- I haven't read this
yet. A resolution of the Miami City Commission, with attachments, rescinding, in their entirety,
Resolution number 01-817, and the settlement agreement authorized therein, and substituting in
lieu thereof this resolution authorizing the City Manager to accept and execute a settlement
agreement., in substantially the attached foim, paying the sum of eight hundred and forty-two
thousand, sixty-seven dollars and fifty-six cents ($842,067.56) and entering into a new
construction contract to complete installation of sewage pipes, in an amount not to exceed one
point six million, in frill and complete settlement of any and all claims and demands, for the case
of Ric -Man International Inc. versus Utility Directional Drilling, Inc., and City of ,Miami, in the
Eleventh Judicial Circuit Court for Miami -Dade County, Florida, case number 98 -13051 -CA
parentheses 13.
.Alejandro Vilarello (City Attorney): Commissioner.
Commissioner Winton: Yes.
Mr, Vilarello: If l could -- this is a ease that you all --
Commissioner Regalado: Is that the pie that broke --
Mr. Vilarello: -- have already agreed to settle. This is a case that you've already agreed to settle.
it reallocates (lie dollars. The dollars do not increase, and you change the source where the
funding comes from.
Commissioner Sanchez: Is there it motion?
Mr. Vilarello: At this point, the eight hundred and forty-two thousand, sixty-seven dollars and
fifty-six cents ($842,067.56) comes from the Self -Insurance Trust Fund, and the one point six
million dollars ($1,600,000) comes from the Capital Improvement Project Fund number 351283.
Those numbers essentially were inverted from the last resolution.
364 September 25, 2001
Commissioner Sanchez: Is there a motion'?
Commissioner Winton: So, I'm done reading?
Mr. Vilarello: Yes.
Commissioner Winton: So moved.
Commissioner Regalado: Second.
Commissioner Sanchez: There's a motion by Commissioner Winton, seconded by
Commissioner Regalado. Open for discussion. Hearing none, all in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the same right, say "nay." Passes
unanimously.
Commissioner Winton: I'm done.
Commissioner Sanchez: You're done.
365 September 25, 2001
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 01-1051
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), RESCINDING, IN THEIR ENTIRETY, RESOLUTION
NO. 01-817, AND TILE SETTLEMENT AGREEMENT AUTHORIZED
T] IEREIN, AND SU13STITLJTING IN LIEU 'THEREOF THIS RESOLUTION
AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECU'T'E A
SETTLEMENT AGREEMENT, IN SUBSTANTIALLY TIIE ATTACHED
FORMPAYING THE SUM OF SS42,067.56 AND ENTERING INTO A NEW
CONSTRUCTION CONTRACT TO COMPLETE INSTALLATION OF
SEWAGE PIPES, IN AN AMOUNT NOT TO EXCEED $1.6 MILLION, IN
FULL AND COMPLETE SE'rrLEMI NT Oh ANY AND ALL CLAIMS AND
DEMANDS, FOR -THE CASE OF RIC -MAN INTERNATIONAL, INC. VS.
UTILITY DIREC'T'IONAL DRILLING, INC., AND CITY OF MIAMI, 1N TITE
EL,FVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, CASE NO. 98 -13051 -CA (13), UPON EXECUTION Or THE
SETTLEMENT AGREEMENT, SE'T'TING FORTH A SCIIEDULE FOR
PAYMENT; ALL'OCA'TING FUNDS, IN THE AMOUNT OF $842,067.56,
FROM TI1F SELF-INSURANCE AND INSURANCE TRUST FUND,
ACCOUNT CODE NO. 515001.624401.6.661, AND FUNDS, IN THE
AMOUNT NOT TO EXCEED $1.6 MILLION, FROM CAPITAL
IMPROVEMENT :PROJECT NO. 351253, FOR SAID SETTLEMENT TLEMENT AND
CONTRACT.
(Ifere follows body ol'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 Regulado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Vice Chainnan Wifredo Gort
366 September 25, 2001
89. DIItET IViAI�1Bt TO AiOATE 11,r S� �'. , I.ATfEItOF'ISA
PEAR 2001>`��r0
�FOLIO
tp.lr rt n NN,7:>ryM� ,j}� r"�. (r] : - c , r• it ��;}7 ! 7w '� f ? it '" '+ % l-+�x'
FO> TOB."��FTI ���L�l/ 7�'L����3 'SS��!' �.L�l•�: OI`- i R T �
Commissioner Sanchez: Commissioner Regalado.
Commissioner Regalado: Only one pocket item. Mr. Manager, I move that all funds that will
exceed my expenses on the fiscal year, that we are just ending, will be rolled over and allocated
to the police in the Coral Way NET (Neighborhood Enhancement Teams) Office.
Commissioner Teele: Second the motion.
Commissioner Sanchez: There's a motion and a second. Open for discussion. Hearing none, all
in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having (lie sauce right, say "nay."
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 01-1052
A MOTION AU'T'HORIZING AND DIRECTING THE CITY MANAGER r0
ALLOCATE ALL FUNDS REMAINING AT TIIE END OF FISCAL YEAR
2001 IN COMMISSIONER REGALADO'S OPERATTONAL BUDGET TO
THE SWORN POLICE PERSONNEL LOCATED IN THE CORAL WAY NET
OFFICE.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johiuty L. Winton
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
367 September 25, 2001
• 0
90 $ 3;OQQ:FQR CQi�TGE4T- g Y"! LoA�IDA pHI RM q,7, NT
ATS 7,yfi 1 T 1�}rR_A'S
`FUNDRAIS$Rr;TO BNIa?IT VITIML O �ERQ"AT�T,f1►G�,��R4�0;��� �
Cc7ICR
IL
-Co
[7SB0 ASb E�Rfi OF= �H'ING' FU,YS
rug...
t gal }r n y a,
CQ..M1viXT_
Commissioner Sanchez: As the Chainnan, r have one pocket item. October the 13`h, at the
Gusman Thcater, a benefit concert presented by the Florida Philharmonic, and it's 104 -member
chorus, to raise moncy for the victims of the tourist attack. There is a budget attached. A lot of
it is volunteer work. A lot of it is wash moncy. 1 think the City -- I think they're asking the City
to commit thirteen thousand dollars (513,000) -- not to exceed thirteen thousand dollars
($13,000).
Christina Abrams (Director, Conferences, Conventions & Public Facilities): Not to exceed. We
expect most of this money will come from volunteers, anti it won't be incurred by the City. And,
then, any amount of money the City gives toward this concert, we will reimburse the City from
the proceeds of the concert.
Commissioner Sanchez: In other worsts, the sixty-nine thousand dollars (569,000) that will
probably be in that -- will be generated will go towards the half a million dollars ($500,000) that.
we committed, dollar per dollar.
Ms. Abrams: It could.
Commissioner Sanchez: 'Y'es?
Commissioner Regalado: Yes.
Commissioner Teele: Yes. That's a good idea.
Ms. Abrams: Yes, that's a great idea.
Commissioner Sanchez: OTC. So moved.
Commissioner Regalado: Second.
Commissioner Sanchez: It's so late. Open for discussion. Hearing none, all in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the same right, say "nay." Passes
unanimously.
368 September 25, 2001
•
•
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 01-1053
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
ALLOCATION OF FUNDS, IN ANT AMOUNT NOT TO EXCEED $13,000,
FOR A CONCERT TO BE HELD BY THE FLORIDA PRILHARMONTIC AT
THE GUSMAN THEATER AS A FUND RAISING EVENT TO BENEFIT
VICTIMS OF THE SEPTEMBER 11, 2001 TERRORIST ATTACKS, WITH
TILE CONCERTS' PROCEEDS TO BE INCLUDED IN THE CITY'S
COMMITTED MATCHING FUNDS FOR CONTRIBUTIONS COLLECTED
I'UItSUAN1' 1'O 1tESOI.U'I'ION NO. 01-851.1.
(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
fallowing vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Vice Chairnian Wifredo Gort
369 September 25, 2001
91 (A) UPDATE ON MOORE PAS comP1 1 R RRA RAM FUI�IDINCa PR99 -L .
YF COMMISSION R T 44-0N C�FJ 'II��7 Q ' OFr
CAPI'T'AL, BUI:?GLT FOR LOMIG`)ISCAi: BAR;.: `Y `` F<
Commissioner Tcele: Mr. Chairman, I wanted to inquire of the Budget Director and the
Manager: During the CDBG (Community Development Block Grant) process, there was this
issue of the Moore Park Computer Program that had the problem with Community Development
funding, and we said that any -- that tlue Budget Office was instructed to make the program
whole from the Park's excess dollars, if there were any. Can we get just some kind -- is that --
have you all looked at that, Ms. Director -- Madam Director?
Linda Haskins: Yes. Linda Haskins, Budget Director. 1 believe we'll be able to find that
funding out of some existing; CTP (Capital Improvements Program) finds for citywide computer
technology.
Conlmissloner Teele: No, no, no. This is a particular program at the Moore Park.
Ms. Haskins: The operation?
Commissioner Tccle: Yeah. And we asked specifically that any excess dollars coming -- that
were left over be made available -- from the Parks Department be made available for that
program, since it was a Parks program. And I just wanted to make sure that we didn't lose --
Ms, Haskins: We haven't lost. We need the information still --
Commissioner Tecle: Right,
Ms. Haskins: -- on how much it is, but we do have some funding sources.
Commissioner Teele: All right.
Albert Ruder (Director, Parks and Recreation): l have talked to David Chiverton on at least two
occasions, asking him to provide us with specific information, and he's in the process of doing it.
We still haven't gotten it.
Commissioner Tcele: And, Madam Director, were we able to get a good number on the capital
pro -- on general .funds coming out of the capital budget this coming year?
Ms. Haskins: No.
Commissioner Tecle: OK.
Ms. Haskins: We've got to go through each of the projects -- each of the various reports to see
what the total of General )fund funding is on each of the projects.
370 September 25, 2001
• 0
92. DIRECT MANAGER TO SHARE .:$700` .:COST IN ' CONNECTION WITH CO.
DESIGNATION OF THELBERT., JONAKiN STREET"TROMEMUDOETS OF OFFICE, OF
MAYOR AND OFFICE O FCO MISS I = NER WINTON:
Commissioner ,rcelc: i have a request to waive the cost by seven hundred dollars ($700) of the
cost of the .,- Chip help me out. 'me seven hundred dollars ($700) 11or the cost of the Jonakin
Street co -designation. it's coming from upstairs here, .I would so move the waiver of the seven
hundred dollar ($700) fee associated with Public Works in the street re -designation.
Commissioner Sanchez: There is a motion. Further
Commissioner Winton: I hear we can't waive that.
Commissioner Sanchez: I never waived it.
Commissioner Teele: I've never waived it, either. i took it.
Commissioncr Sanchez: I don't think you can waive it, And I was going to vote against it,
because, I mean, I'm right now in the process of trying to name --
Commissioner Rcgalado: Well, but you can pay; you can pay from your budget.
Commissioner Sanchez: Tliat's how it's done. I mean, usually, you pay it out of your budget.
Commissioner Regalado: I pay from my budget.
(7onitllissioner Tecle: OK. 1 would move that the seven hundred dollars ($700) be deducted
from the Office of the Mayor's budget from --
(LAUGI-ITER)
Commissioner Teele: No, no, no, no, no. This is his request. It's his request. -- From any
available lands that are tolled over. And obviously, the Mayor has the authority over this, so I
would so move.
Commissioner Winton: And I would offer -- because I --
Commissioner Sanchez: Is there a second?
Commissioner Winton: i think I'm going to have some rollover, too, and I would split that with
him, so that half from my office and half from --
Commissioner. 'I'eele: This is -- the Mayor's Chiet'of Staff says they have no objection.
Commissioner Winton: Right.
371 September 25, 2001
Commissioner Teele: Take it out of her budget -- out of "his" budget. Not "her" budget.
Commissioner Regalado: Can we --
Commissioner Sanchez: All right. 'There's a motion and a second.
Commissioner Regalado: Can we name another --
Commissioner Sanchez: The money should be coming out of the Mayor's budget. Open Ibr
discussion.
Commissioner Winton: Or half out of.' mine if lie's -- if lie's short, half out of it can come out of
mine.
Commissioner Sanchez: All right. I fearing none, all in favor, say "ayc."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposed, having the same right, say "nay." Ladies and
gentlemen, thank you so much.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO, 01-1054
A MOTION DIRFICTING THE CITY MANAGER TO SHARE FUNDING OF
THE $700 COST IN CONNECTION WITH THE CO -DESIGNATION OF
THEL,BER'1' JONAKIN STREET, IN EQUAL PARTS, FROM THE BUDGETS
OF THE OFFICE OF THE MAYOR AND THE OFFICE OF COMMISSIONER
WrNTON, RESPECTIVELY.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
Following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Tecle, Jr.
Commissioner Johnny L Winton
NAYS: None
ABSI3NT: Vice Chairman Wifredo Gott
372 September 25, 2001
93. AMEND RESOLUTION. NO., : 01=953 :WHid, :ALT 'HORIZED,,. MAN"'A
WER Tq's
PUKCHASE A'M�[tIC ,N; FLAGS;FROM VARIOUS VENDORS FOR.1 DISTRIBUTIO ' TQ
CITY OSIDEN, TS; AND_ E1�!�PLOYEES�TO `;D SPC"AY AI D �EX�'oo. CITY'S' SUPPORT
WPFH_XJNITED ST7TNSTCONGERNING TERRORSTS,,ACTS�'TAIEN ACrAtNSTt UNfD'
STATES (�N SEPTEIVI$BR 1, 2001, TOREQUIRESTI�AI'/��.L C1Y vEiILES 7ISPLAX
FLAG AND: >`1,0. 11\rCREA9E , ALL 0' ' -t ON , QF SU DS ,At
ORi ED hOR SAID
z
PURCHASE FROM $1`0;000 TO $30;000
Commissioner Sanchez: Ladies and gentlemen, thank you so much, is there --
Carlos Gimenez (City Manager): We've got two pocket items fi-oin the Administration.
Commissioner Sanchez: 011, gosh. Since when can the City Manager present pocket items?
Mr. Gimenez: I'm allowed to every Commission meeting. I just never have any, but this
meeting, i do have two.
Commissioner Regalado: You cannot do it. You have to do it through a Commissioner.
Mr. Gimenez: No. I think that ].'in allowed to.
Commissioner Sanchez: He --
Commissioner Regalado: He gets one.
Unidentified Speaker: He gets one.
Mr. Gimenez: Well. i get one. Can 1 have another one, since I haven't had one in a long time?
Commissioner Sanchez: You know, if we're going to have rules, we might as well follow them,
you know.
Commissioner Teele: Yeah.
Utlidentitied Speaker: Let's start now.
Commissioner Sanchez.: Yeah, let's start now.
Mr. Gimenez: The Crst resolution is, I'd like to -- for you to authorize the increase from 10,000
to thirty thousand dollars ($30,000) for (lie purchase of American flags. We want to put an
American flag on every City vehicle, and also have enough for our citizens.
Commissioner Teele: So moved, Mr. Chairman.
Conlinissiorler Winton: Second,
373 September 25, 2001
Commissioner Teele: You've identified an appropriate funding source?
Mr. Gimener.: Yes, sir. We have account code number --
Commissioner Sanchez: There's a motion and a second. Under discussion. Hearing none, all in
favor say "aye."
The Commission (Collectively): Aye.
Commissioner Sancho: What was that, Commissioner Tecic? Take it out of the Mayor's
Office?
Commissioner Teelc: No, I didn't say that. Don't you have Rhonda calling down here.
Commissioner Sanchez: All right. All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchcz: Anyone opposing, you have the same right, say "nay." Passes
unanimously. ']'hank you.
The following resolution was introduced by Commissioner Tecle, who moved its adoption:
RESOLUTION NO, 01-1055
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR FIFTHS
(4/5THS) AFFIRMATIVE VOTE AMENDING RESOLU'T'ION NO. 01-953
WHICH AU'I'HORIZ,ED THE CITY MANAGER. TO PURCHASE AMERICAN
FLAGS FROM VARIOUS VENDORS FOR DISTRIBUTION TO CITY OF
MIAMI RESIDENTS AND EMPLOYEES TO PROUDLY DISPLAY AND
EXPRESS T14E CITY OF MIAMI'S SOLIDARITY AND SUPPORT' WITH
ALL PEOPLE OF TILE UNITED STATES CONCERNING TI•IE
DEVASTATING TERRORISTS ACTS TAKEN AGAINST THE UNITED
STATES ON SEPTEMBER 11, 2001, TO REQUIRE THAT ALL CITY
VEHICLES DISPLAY THE FLAG AND TO INCREASE THEI ALLOCATION
OF FUNDS AUTHORIZED FOR SAID PURCHASE FROM $10,000 TO
$30,000; ALLOCATING FUNDS FROM ACCOUNT CODE' NO.
001000.921002.6.289 FOR SAID PURCHASE.
374 September 25, 2001
0 •
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Tecic, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Vice Chairman Wifrcdo Dort
375 September 2.5, 2001
`94 AUTHORIME MANAGER TO PROVIDE CITY 'ENIPLOYFES` WFIO':ARE MEMBERS
OF. UNITED _STATES MILITARY ,RESERVE bR FLORIDA NATIONAL 'GUARD ARTA,
ORDEl;tED. Tp REPQRT,,-FOR, ACTIVE DUTY IN RESPONSE TO TERRORIS'T~ATTA XS
AGAINST°bNITED STATES, S TTLJ IMENT TO-'m-ILITA>tY fPAY RECEIVED IN kAN;;
AM'(OUNT>NECESSARY,TO I3R7Na- TOTAL; SAI}ARY INCLUSIV ',OF,.BASIa'MILI'TARl':
PAY, TO LgVEt`�EARNEI), .AT ,.TIME O1?!D !F. TO ACTIVI NTILiTAItY DUTY;`.
APPROVE • CERTAIN OTHER SPECIFIED BENEFITS, .W,'ITij "W IES FOR SUCH.`
EXPENDII.LJRE BEING ALLOCAT1uD FRO1V�xPAEVIOUSLY APP&OPRIATFD SALARXi
AND SALARV`SV LUS.FUNDS. T
Commissioner Sanchez: Mr, City Nlanager, go ahead.
Carlos Gimencz (City Manager): The second item is a -- requesting a resolution, that we
authorize supplemental military pay for those individuals either in the National Guard or the
(MAUDIBLE)
Commissioner ,Sanchez: Absolutely.
Commissioner Teele: So moved, Mr. Chairman,
Commissioner Winton: Second.
Commissioner Sanchez: There's a motion and a second, Open for discussion. Hearing none --
it's very appropriate that we do that -- all in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Sancliez: Anyone opposing, having the same right., say "nay, Passes
unanimously.
376 September 25, 2001
The following resolution was introduced by Commissioner Tecle, who moved its adoption:
RESOLUTION NO. 01-1056
A RESOLUTION OF T11h MIAMI CITY COMMISSION AUTHORIZING THE
CI'T'Y MANAGER '10 PROVIDE CITY OF MIAMI EMPLOYEES WHO ARE
MEMBERS OFTHF. UNITED STATES MILITARY RESERVE OR FLORIDA
NATIONAL, GUARD AND ORDERED '1'O REPORT FOR ACTIVE DUTY IN
RESPONSE '1'O TERRORIST A'1"PACKS AGAINST THE UNITED STATES,
A SUPPLEMENT TO MILITARY PAY RECEIVED IN AN AMOUNT
NECESSARY TO BRING TOTAL. SALARY, INCLUSIVE OF 13ASE
MILITARY PAY, 1'0 THE LEVE.I., EARNED AT THf? 'l'IME OF't'HE ORDER
TO AC'T'IVE MILITARY DUTY; APPROVING CERTAIN OTIIER
SPECIFIED BENF.<FITS, WITH THE MONIES FOR SUCH EXPENDITURE
BEING ALLOCATED FROM PREVIOUSLY APPROPRIATED SALARY
AND SALARY SURPLUS FUNDS; AND DI. ECTING THE CITY
MANAGER TO EXECUTE ALL THE NECESSARY DOCUMENTS FOR
SAID PURPOSE.
(1 -fere 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
Coin missioner Joe Sanchez
Commissioner Arthur E. Teele, .Ir.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
377 September 25, 2001
0 0
95. (a) DIRECT ,;MANAGER TO 1NCLUQE CAPIT�IL IMPROVEMENT PROJECTS ASV
,?AR'T 0F'LIST OF ITEMS TO BE COVERED Bl' PROPOS,�D GENERAL OBLIGATION:
BOND`�REEERLNDUM t;- '
„ g ISSUE'FOR• NQ.yEI�IBLR' 13 E�.,ECTION �CLNTI;i:AL BUSINESS
DISTRICT,} PARKS. (INCLUDTI�IG MARGARET PACE,'ARICnAND FIRST: CLASS SOCCI~Ru
FAGIL.ITI `,DOWNTOWN); 4 1VIUSEUMS (11VCLUDING� VIRGINIAS KEI MUS LIM,
FREEDOM TOWER 1MUSEUiMy,. REHABILITA;TIO ' ' OF 6RA14&- OW4; (WITH FIRStI{
;`CLASS SKYBUrES); MANGER TOLOOK ATYNEEDS OF ACH-NBIGHBO 06 (See'
r r'
(b) EXECUTIVE SESSIONS-, SCHEDULEA
AOR NEXT, :TWO; COMMISSION`
MEETING.$ (OCTOBER -11 AND OCTOBER 25, --2Q0
f)'VVI.LL,BEGINA'T 9 A.M;'YINSTEAD
`, :OF 8:30 A.M, TIME PREVCOUSLY STATED
Commissioner Winton: You all got (his handout. This is a kind of a first draw on capital
improvement projects that they're working on. And there isn't a dime in the Central Business
District, so --
Commissioner Regalado: Might as well throw it away.
Commissioner Sanchez: I think somebody is saying you might as well throw it away.
Commissioner Winton: That's what I'm saying.
Commissioner Teele: Well -- but I think, in fairness to the Management, they need direction.
Commissioner Winton: I agree.
Commissioner Tecle: And I would hope that the Budget Director and the Assistant Manager for
Operations pay a little bit of attention, because I would like to start out by saying, clearly, we've
got to have inoncy for the Central Business District, and we need to sit down with the DDA
(Downtown Development Authority) and those folks over there, because what we've been doing
is trying; to put together funding through Community Development. It's very questionable. It
gets us a lot of scrutiny, and we need to look at a plan to redo many of the streets downtown,
using this funding source. Again -- so, that's one issue. The issue that I'd like to conic in and
talk to you about would he the parks, the museums and the parks. I think we ought to have sonic
serious discussion with the science museum and the art muscuin. And, as far as I'm concerned,
YOU know, we should be somewhere around a 60 to 70 to a hundred million dollars
($100,000,000) with those two projects, perhaps, contingent on certain other things, such as the
re -imposition of the parking surcharge. The point that I'm saying is this: I have no problem
putting then in, subject to the parking surcharge, Because the way we're going to pass (lie
parking; surcharge is not.just try to fund one big horse to ride. We've bot to get the entire culture
community, the anis community, we've got to get some athletic people, we've got to get a broad
enough cross section that there is something in it. •1 would also say there are two ethnic issues
that I would like you to look at, One would be the Virginia Key Museum, and the other would
be the Freedom Tower Museum under, the ownership of the Foundation of the Mas Canosa
Family. 1 think there's a tremendous opportunity for us to be patiners with the Freedom Tower
ownership, and to put certain capital programs in there, to say nothing; about the fact that these
375 September 25, 2001
• 0
are historic -- this is one of the most historically important buildings in downtown Miami.
Obviously, I think the issue of parks is the single most important issue that people can relate to.
I note that Margaret Pace Park, again, is not in there for a dollar ($I), even though you've got
specific written requests. If you want to get the homeowners in the Grand and in the Omni
excited, more so than anything else, you bring that park up to frill standard. So, those are just
some of the issues that i would like for you to consider, but I think we need to look at every
neighborhood and I think there should be a major park improvement associated with every
neighborhood.
Commissioner Winton: Yep, yep, yep, ycp•
Commissioner Teele: And, finally, I would also think that we should look jointly with the
County at building what I consider to be a first class -- without regard to the amateur facility
we're talking about in Little Haiti Park complex. I think we should loot: at a first class soccer
facility in the downtown area, as a part of complimenting what we have with the two arenas, the
Performing Arts Center, et cetera, something that would be., you know, in the vicinity of S to
12,000 people that could keep us engaged so that the bigger -- truly big events can go over to the
Orange Bowl, which is what I think we should look at. And I certainly think that the Orange
Bowl should be brought tip to a first-class standard, and I make no apologies for that. I think the
Orange Bowl, again, is one of our greatest resources, I don't see any real money on that. But we
need to meet our commitments with the University of Miami, buil first-class skyboxes, and this
is the time to do it. And, so, those would be my recommendations. Having the Orange Bowl is
going to have the Orange Bowl committee -- what are those people called? You know, the
Orange Bowl committee. We need to look at how we can make linkages with opinion leaders, as
well as neighborhoods in our community, and I would strongly support we look at a range, you
know, really going right up to 250 to three hundred million dollars ($300,000,000).
Commissioner Sancho: Before we adjourn, I've been advised by the City Attorney the
Executive Session will be starting at 9 A.M. instead of 8:30. So, for the --
Commissioner Winton: Why?
Commissioner Sanchez: Well, it's going to be too early.
Commissioner Regatado: I cannot be here 8:30.
Commissioner Sanchez: Right, So, 9 --
Commissioner Winton: Oh, you can't? Oh, I'm sorry, I didn't know that.
Commissioner Sanchez: So, it'll start at nine o'clock. OK. Is there a motion to adjourn?
Commissioner Teele;: Commissioner Winton, did you have any instructions to the Manager on
the --
379 September 25, 2001
0 0
Commissioner 'Vinton: No, no. 1 just wanted -- because we asked him to bring it, so we could
give him direction. 1 think we've given him direction, and I appreciate the start that lie did and
now we've given him sonic additional direction.
Commissioner Sanchez: Well, 1 think lie's going to meet with all of us pertaining that list,
because .I'm not, you know, too thrilled about it.
Mr, Ginnenez: Yes, sir, we are going around toe ach and every one of ,you and getting more
input.
Commissioner Winton: 'Thank you.
Commissioner Sanchez: All right. Is there a motion to adjourn?
Commissioner Winton: So moved.
Commissioner Rcgalado: Mowed,
Commissioner Sanchez: Is there a motion to adjourn? Is there a second'? Second.
Commissioner Rcgalado: Second. Third.
Commissioner Sanchez: All right. There's no discussion. All in favor say "ayc."
The Commission (Collectively): Aye.
The ibllowing motion was introduced by Commissioner Winton, who moved its adoption:
MOTION NO. 01-1057
A MOTION TO ADJOURN TODAY'S COMMISSION MEETING.
Upon being seconded by Commissioner Rcgalado, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Rcgalado
Commissioner Joe Sanchez
Conmissiolet- Johnny L,, Winton
Commissioner Arthur E. 'Feele, Jr.
NAYS: None,
ABSENT: Vice Chairman Wifredo Gort
Commissioner Sanchez: Goodnight. Goodnight everybody.
380 September 25, 2001
•
THERE BEING INTO FURTHER BlJS1M:SS TO COME BEI ORE THE CI'T'Y COMNIISSION,
THE MEETING WAS ADJOURNED ATI0:24 P.M.
ATTEST:
Walter J. Focman
CITY CLERK
Sylvia Scheider
ASSISTANT CITY CLERK
(SEAL)
JOE CAROLLO
MAYOR
381 September 25, 2001