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HomeMy WebLinkAboutCC 2001-11-15 MinutesCITY OF MIAMI CITY COMMISSION MEETING M IN U TE S OF MEETING HELD ON NOVEMBER 15, 2001 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Walter A Faeman/City Clerk CITY COMMISSION OF MIAMI, FLORIDA On the 15"' day of November 2001, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:40 a.m. by Vice Chairman Wifredo Gort, with the following members of the Commission found to be present: Commissioner Wifredo Gort (District 1) Commissioner Johnny L. Winton (District 2) Commissioner Joe Sanchez (District 3) Commissioner Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr. (District 5) ALSO PRESENT: Mayor Joe Carollo Carlos Gimenez, City Manager Alejandro Vilarello, City Attorney Walter J. Foeman, City Clerk Sylvia Scheider, Assistant City Clerk An invocation was delivered by Rabbi David Webberman, followed by Stephanie Teele leading those present in a pledge of allegiance to the flag. November 15, 2001 Mayor Joe Carollo: Now the Honorable Congressman William Lehman and the City Clerk of the City of Miami, Walter Foeman, will begin the swearing in of the re-elected Commissioner, Arthur Teele. Note for the Record: At this time, the Honorable William Lehman swears in Commissioner Tecle as re-elected Commissioner of District 5. [APPLAUSE] Mayor Carollo: If I could introduce Commissioner Johnny Winton. If he would like to come up and say a few words. Commissioner. Vice Chairman Winton: I would love to say a few words about Commissioner Arthur Teele. I can tell you that -- and as you all know, I'm no longer the newest member of this Commission. I guess I'm the second newest member of this Commission. But there is no one who has taught me more about how government works, how to think strategically about solving problems through government, whether that solution be from the federal, state or local standpoint, than Commissioner Tecle. He brings a great breadth of knowledge to our community and, frankly, I think, without his leadership here, this Commission wouldn't be nearly as effective as I think it has been. And I think, if you look back at the past week's events where this Commission put seven different issues on the ballot for the public to consider, most of which required the public to trust this Commission to do the right thing and I think the public spoke loudly and the loud speaking that the public did was, "We do trust you to perform your services for all of us in this community." And I can tell you, those successes that we had over the course of the last ten days would not have occurred had it not been for Commissioner Teele's leadership. So I'm honored and thankful to work with him and welcome him back to our Commission. [APPLAUSE] Mayor Carollo: If I could ask Commissioner Sanchez to come up. Commissioner Sanchez: Good morning. It is truly a pleasure to sit next to Commissioner Teele and I do learn a lot from him. If there's anyone who's represented his district equally, it's been Commissioner Teele. Since three years ago, when I got here, the legislation that he has led, like the anti -deficiency, the constant struggle to bring to Little Haiti a world-class park, and his work at the CRA (Community Redevelopment Agency) and what he's done for Overtown speaks for itself. I am so glad to sit where I sit, where I constantly look over and I learn from someone who brings so much experience and dedication to this City. So, I too, welcome him back and look forward to working with him for four more years and I will continue to learn from one of the most astute politicians that Dade County has. So, I want to congratulate Commissioner Teele, his family, and all his friends and, of course, wish him the best and may God shine his paths. Thank you. 2 November 15, 2001 • [APPLAUSE] 0 Mayor Carollo: Everybody could sit down. If you all would have listened to me as good before. And now if I could ask Commissioner Tomas Regalado to come up and address us. Commissioner Regalado: Some people have said that I am Commissioner Toole's ally in the Miami City Commission. Well, let me tell you that, first of all, that might be or not be correct. But there are no alliances in this City Commission. What would be correct to say is that I consider myself -- I'm very proud to be Commissioner Arthur Toole's friend. Not only that, a lot of what I have done in these years, fighting for my district, doing the right thing for the City of Miami, I learned from you, Arthur. And I thank you because what you have brought to this Commission is passion for each district. And this Commission has worked as a perfect machine throughout the years and hopefully, thankfully we will work the same in the next years. I think that the City of Miami should thank Arthur Teele for what he's brought to this City Commission. I, myself, thank you for your friendship and thank you for the things that you have taught me. [APPLAUSE] Mayor Carollo: And if I may ask the -- one of the colleagues that worked with us during Commissioner Toole's term, Commissioner Gort, if he could come up and address this. [APPLAUSE] Vice Chairman Gort: You know, when you talk about Toole, you talk about knowledge and experience. And that knowledge and that experience, I think, it helps all of us quite a bit. It's very important, not only that he helped us elected officials, but I think it also worked very closely with administration. His knowledge in law put us in the correct path. But, most important, his dedication to the neighborhood most needed in the City of Miami, he put his work into it. And, to me, it's been a pleasure to work with him. There's still a lot of projects that need to be done. The City of Miami has a great future but that future depends on us working on those neighborhoods. And I know the team has been put together. It's a great team that's going to accomplish all the goals that we have. The administration and this team have worked very closely for the last four years. And, Johnny, you were correct. People didn't think we would be able to pass the bond issue. And the reason that the bond issue passed because they had faith in the Commission, they had faith in the elected administration, they had faith in the administration also. So, Toole, I want to thank you. I'm not going anywhere. I'm going to be there working with you because a lot needs to be done. God bless you all. [APPLAUSE] Mayor Carollo: And, at this time, I'd like to go forward with one of my final, maybe my Iast, executive orders as Mayor of the City of Miami. This is one that I was going to make early on this year, but I didn't want to make that change because I know that Manny would have 3 November 15, 2001 thought, "Well, he's doing it because there's an election coming up." Well, there are no elections coming up now. It's over and the people have spoken. And Arthur and I have known each other for a long, long time and I was still a kid Commissioner when we met and knew each other and worked together. During the term -- my final term as Mayor, in particular, we served together. We had good days and we had bad days. And I predict that the days that we are going to be having are going to be a lot better days in the future. But he is someone that has done a lot of work for the City, has taken the leadership position in the City, and he and I have a mutual respect for each other. This is why I truly believe that you're going to be seeing a lot greater things from Arthur Teale and, at the same time, you're going to be seeing Joe Carollo and Arthur Teele working together in many things for Miami in the future. And now, about that final executive order, I'd like to -- through executive order, Mr. Clerk, now that we have a vacancy for Chairman of the Commission, so that Commissioner Teele can serve as Chairman of the Commission -- the final meeting that I will be Mayor, I will be naming Commissioner Arthur Teele Chairman of the Miami City Commission with my final meeting. [APPLAUSE] Mayor Carollo: And now for the person that you all have been waiting to hear from today, if I can introduce and ask to address you, the re-elected Commissioner of District 5, Commissioner Arthur Teele, Chairman -elect to the Commission. [APPLAUSE] Commissioner Teele: Thank you very much. I'd like to ask, please, if Al -- if you and Peterman, if the union presidents would join me, please, with my family, please, all of the union presidents that are here. Al, I see you. And, especially, the songbird of Little Haiti, my heart, please, Farrah, come join me. Stephanie, I'd like to first and foremost say that my wife, Stephanie, has been with me in the good times and the bad times. And after the events of September 11th, I think we have a much deeper appreciation for each other and one another. Teacher, why aren't you here with me? And I would like to simply say to all of my colleagues, the outgoing Mayor, to whom I've had such a warm personal relationship with when we're not serving together, and so I can look forward to a great relationship in the next two to four years as we continue to try to make Miami great. And one thing I will say, publicly, without any fear of contradiction, that Joe Carollo is a very honest person who has done his best to make Miami a great city. And I think we do owe a salute to Joe Carollo. [APPLAUSE] Commissioner Teele: Joe mentioned that we got to know each other when he was very young. In fact, in 1981, when I was privileged to serve as the under Secretary of Transportation, I had a great Oversight Chairman. And the Oversight Chairman that I had to report to was my dear friend, Congressman Bill Lehman, who not only looked to see that what we were doing was right, but he also appropriated everything. And so everything that I've learned, Madam Budget Director, Mr. Manager, about the importance of adhering to budget principles, I've learned from Bill Lehman. But the thing that I respect most about Bill 4 November 15, 2001 and the opportunity that I had to work with this City, is that when we were building the MetroRail, the one thing Congressman Lehman said is, "We need more land so that we can have proper development around -- along our MetroRail." And it was that decision that Congressman Lehman made that gave me the authority to give the City of Miami the grant to which the land of the Miami Arena and the vacant lots, that are now controlled by the CRA, that was money given by the Department of Transportation. No one knows and no one recognizes and realizes what a tremendous public servant and friend that this City had in that great trio of Claude Pepper, Dante Fascell and Bill Lehman. Ladies and gentlemen, I'm honored that Bill Lehman came out to swear me in today. [APPLAUSE] Commissioner Teele: I would like to express my appreciation to the Webberman family. For those of you that don't know, they're one of the largest businesses in our district, in District 5. And food all over the world is prepared right here in Little Haiti with hands that represent all of America for kosher food. And I can tell you that if you want some first quality kosher food, you'll find Webberman's foods among the best. And, Rabbi, thank you for joining us today. Ladies and gentlemen, today, I think, is a great day for our community, not because of this event today, but because of the events over the last ten days, two weeks. We have elected a new Mayor and I am encouraging each of you to come to the swearing in on Saturday at 10:30 and we'll know more details about that. But ladies and gentlemen once, in a democracy, a Mayor is elected, or a President, he is our Mayor, he is our President. And I pledge publicly and I pledge to each of you to work cooperatively with our Mayor because what our City needs today, is we need unity and we need shared purpose and shared vision. And so, ladies and gentlemen, I, too, want to join in saluting our new Mayor, Mayor Manny Diaz. [APPLAUSE] Commissioner Teele; But Johnny Winton and Joe Sanchez and Commissioner Regalado have said it all, and that is that this Commission has been unified, unified in one concern: a concern for a better Miami. We've not tried to make one shoe fit all. One of the unique qualities of five districts is you have five separate sets of needs and five separate sets of opportunities. This Commission, in the past and I'm sure in the future, will look specifically at each district and each problem and you will find most of the votes will be five to zero or four to one or, even in some cases, three to two. But no matter what has happened in the past and what will happen in the future, we will be unified in respecting each other and respecting each other's authority as a District Commissioner. But, at the same time, looking for what is best for the City of Miami. The bond issue that recently passed was a reflection of a series of carefully thought out policies and plans presented by the administration and acted upon by the Commission. There was a lot of crafting that went on on the Commission dais. But at no point was that crafting viewed as political gerrymandering or political bickering and that is why the bond issue passed. Because the public realized that we have many, many needs in this community and the two hundred and fifty-five million dollar ($255,000,000) bond issue will go a long way in addressing those needs. Ladies and gentlemen, I am very proud of the fact that The Miami Herald, in their editorial statement recommending me, said that they November 15, 2001 were recommending me largely based upon the fact that this Commission has worked cooperatively together. And I want to pledge to each of my colleagues, including our colleague, Angel Gonzdlez elect, that we will go forward unified, cooperatively working for the betterment and best interest of the City of Miami, so help me God. [APPLAUSE] Commissioner Teele: Much can be said about our administration but the one thing that can be said is that our administration is honest and effective, and no one knows better than I do the importance of having a close working relationship, as I did with Congressman Lehman, between the legislative body and the administration. And I hope that the news accounts that we've read in the paper, that Carlos Gimenez will stay on, are correct because I can tell you and I can tell Manny Diaz, were it not for Carlos Gimenez and his personal engagement and that of his executive and senior staff, the bond issue would not be to fruition today. And I would ask you to give a big salute to Carlos Gimenez and the entire staff of the City. [APPLAUSE] Commissioner Teele: I've asked that the unions join me because I think one of the things that we have lost in the City of Miami is we've lost a tremendous respect for our workers. Some of that lack of respect has to do with the fact that so many of our workers do not live in the City of Miami. It's nothing we can do about that. This is a free country. But I want to say publicly to the Union President that as your Commissioner representing District 5, my door will be open to you and I am looking proactively for ways that we can provide positive incentives to encourage, financially, persons to move back into the City of Miami and be a part of the rebuilding of this great city. Won't you join me in saluting the employees of the City of Miami. [APPLAUSE] Commissioner Teele: And, finally, to the members of District 5 and my supporters that are here, let me say how much I appreciate your support. More than your support, I appreciate your advice, your comments, both critical and those that are warm. This is an open democracy. We're going to find that 10 percent that -- this is an open democracy and the thing that I am most impressed about is the fact that everyone in the district that I am pleased to represent knows my home phone number and knows exactly where I live. I get calls -- Manny, I get calls at one in the morning and at five in the morning and some of those calls make a lot of sense, by the way. And, so, I will continue to work hard for District 5 but, as I have said, publicly, my number one priority in District 5 is those that have been left out. Ladies and gentlemen, as I said four years ago that my number one priority was to commence the rebuilding of 4vertown, I stand here today to tell you that the number one priority of this District Commissioner is to begin the process of providing and facilitating a first-class park in the Little Haiti area so that Haitian boys and girls will have the same opportunities that children all over the City of Miami have. And I pledge to help work with Manny Diaz, with the Commission, and with Carlos Gimenez, the Manager and their team, to bring about a first-class park in Little Haiti. 6 November 15, 2001 0 [APPLAUSE] Commissioner Teele: I know that I cannot recognize everyone. My friends in Senator Graham's office are here, from the "Y" -- and the children from the "Y" are here. I know that former Commissioner Rosario Kennedy and others are here. Dorothy Fields, the head of the Black Archives, and I can go on and on. Jim King, my appointee to the Code Enforcement Board. Lighten up a little, Jim. But, ladies and gentlemen, I'm honored with each of your presence. I'm honored with the fact that we're all committed to a better Miami and I pledge, as District 5 Commissioner, to work with my colleagues on the Commission, each and every one of them, to work with -- positively and proactively with the management and to work under a Mayor that I believe will be a great Mayor and will lead our City to even higher goals. Thank you and may God bless you all. [APPLAUSE] Commissioner Teele: Mayor Carollo, thank you very much. Ladies and gentlemen, that ends, I believe, the presentation and I apologize to those of you who have business for taking up so much time. May God bless each and every one of you. [APPLAUSE] Note for the Record: At this point, the Miami City Commission went into recess at 10:11 AM and reconvened at 10:13 A.M. with all members of the Commission found to be present. 7 November 15, 2001 Commissioner Sanchez: If I could have your attention, please. This is a historic moment for the City of Miami. And, as Commissioner Teele stated, the City is moving forward and we must recognize a true community leader, an individual who has been a part of this City for 14 years serving this City. Mayor Carollo, being the first Republican Mayor in 105 year history of this City, has served this city with pride, dignity and honor. But, through democracy, changes come. And, today, he has passed the baton on to Mayor Manny Diaz, who will lead this city for four years. And I think it's very important to recognize an individual who has made great sacrifice for our city, and we all know the sacrifices that were made. Today, he is with us and I think it is important for us, the Commission, the City staff, and the residents in Miami to recognize an individual who has worked very, very hard to move this city into the future. Three years ago, we all know the situation in this City. We were at the verge of bankruptcy, the Oversight Board. We were financially in a crisis. Mayor Carollo, through his leadership, helped this City get out of that jam. So it is with great honor today that this Commission recognize Mayor Carollo for his dedication and public service for 14 years to this magical city. [APPLAUSE] Commissioner Sanchez: I would ask my colleagues, one by one, to come up and say a few words. Commissioner Johnny Winton. Commissioner Winton: I think Joe Sanchez started off by saying that when Mayor Carollo really got cranked up doing his job, this City was nearly bankrupt. It was his decision, which took great courage as far as I'm concerned, to call the Governor and ask the Governor to appoint an independent oversight panel to take control of this City's finances, which were a total, total mess. In addition to that, he had the courage to do something which, particularly in this day and age, takes a lot of oomph, and that is bring new revenue sources to this City. And he brought the revenue sources to this City that we needed to get back on sound financial footing. As a private sector individual, I hated both of them. They were the fire fee and the parking surcharge. I hated those fees. But I will tell you as an elected official, without his courage to bring those fees to this City, we would still be in a financial mess. When the going was tough, you could count on Mayor Carollo standing up and pushing with all of his might to cure the ills of our City. He had great courage, great stamina, and I tell you this City owes him a great deal of gratitude. And, Mr. Mayor, thank you very much for your strength and courage. [APPLAUSE] Commissioner Sanchez: If I could have Commissioner Tomas Regalado come up and say a few words, please. Commissioner Regalado: Thank you very much. As a City Commissioner, I have to say that it has been interesting working with Mayor Carollo. And I just wanted to thank you for facilitating and a smooth transition to our new Mayor. Thank you. 8 November 15, 2001 Commissioner Sanchez: If I could have Commissioner Willy Gort come up and say a few words. [APPLAUSE] Vice Chairman Gort: When we first got elected, we didn't think we were going to go into all the things we went into. And then we had Mayor Carollo come in and we went into the problems that we have today. And, like Johnny said, it was his leadership that made it possible. When he came and talked to me and told me about the fee that he was going to put together, (INAUDIBLE) fees, and then I got a call from Johnny and his people. I'm the one that sit down with Johnny and talked to him and tell him, "Johnny, we need to do this." But the thing is we had to change it a little bit. And I got back to the Mayor and I told the Mayor, "Mayor, the only way this will be approved if we make these changes." And the Mayor did make those changes and thus made it possible. I think he was -- worked for the City very hard. I think sometimes he had to take decisions that were not popular but he believed in it. And I think, today, the City of Miami is safe and the City of Miami is where it is today thanks to the leadership that he provided and the work that he did. Thanks a lot, Mayor. [APPLAUSE] Commissioner Sanchez: Commissioner Arthur Teele will say a few words and then read a commendation that will be presented to the Mayor today. Commissioner Teele: Thank you. I think Johnny Winton has touched upon the really important points. Except, I'd like to just say that I knew Joe from 1981, when I was privileged to come to Miami and work closely with the City in trying to develop better policies and strategies to develop what is now Park West and Overtown. Mayor Carollo, at that time young Commissioner Carollo, was extremely committed to Overtown and the black community. And, of course, in those days that have gone by, we don't remember, I guess, the very difficult time of convincing the County to let the City be a grantee from transit funds, which they were not a normal grantee, which we were finally able to work through some of the difficulties. But it was Joe and his -- wearing his Republican party flag, that he was able to leverage for the City of Miami tremendous clout both in the White House and at the Department of Transportation to do what is right for the City. And that was my first opportunity to get to know Joe and he has been consistent. Joe has used all of his contacts, his resources with the Diplomatic Corp, with the Consulate Corp, with mayors around the hemisphere. I think, perhaps, better than any of us over the last four years, Joe has tried to position the City of Miami to be what I believe its manifest destiny to be and that is to be the most important city in this hemisphere, the capital of the hemisphere. I salute you, Mr. Mayor, for your initiative in bringing mayors from across the hemisphere to Miami. You didn't get a whole lot of support from the Commission but that didn't deter you. And you were also very helpful and very supportive with our own Chief of Police in bringing forth the conference of Chiefs of Police. Much is being said about the Homeland Security Neighborhood Bond issue because I think there is so much that our management -- because of so many transitions has really not been able to filter out but I will say here, publicly, that I met with Mayor Carollo three years ago with the then Manager, who had been the former Chief of Police, to lay out the footprint of a comprehensive police training 9 November 15, 2001 facility, something that is sorely needed. One of the things that that training facility would have had -- and I think we must go forward with it now, but thanks to Joe Carollo's efforts, was a coordinated effort with the FBI (Federal Bureau of Investigation), the ATF (Alcohol, Tobacco & Firearms), the Customs Bureau, and the DEA (Drug Enforcement Agency), would have all jointly worked with the City in facilitating that facility. I think today that need is greater now than it's ever been, particularly with the chemical biological threats that are all too present. I would hope that the new Mayor and the new Commission will continue to allow good talent to come to the surface and work with the City because I really do believe that Miami has a date with destiny and that date is to make Miami the business capital, the political capital, the military capital of this hemisphere, and I think Mayor Carollo can play an important part in that, particularly as it relates to our efforts to put together the hemispheric training center for police and law enforcement facilities. And so, without further ado, I'm privileged to be able to read -- did you want me to read or did you want -- Commissioner Sanchez: Yes, sir. Commissioner Teeie: I'm privileged to be able to read, if I can -- got to get bigger print -- this commendation and it's signed by all rive Commissioners. It's signed by all five Commissioners. Mr. Mayor, whereas the leadership of the City of Miami always striving to keep the faith with people and to honor their trust, is humbled by the awesome responsibility of governance and enriched by the nobility of spirit rising from the human diversity we serve; and whereas, the Honorable Joe Carollo, the City of Miami's first Republican Mayor in its 105 -year history, having served two terms at the helm of a city he loves and having weathered the storms of both local and national crisis is now turning command over to a new captain; and whereas, the Honorable Joe Carollo is the quintessential image of the American immigrant success story, leaving this office with a solid record of leadership in building coalitions between the public and private sector with the increased public safety leading to a reduction in crime and safer streets and with increased focus on international relations and having won recognition for Miami from numerous foreign governments and cities, many of whom consider Miami as the city of the future; and whereas, the Honorable Joe Carollo, believing firmly that the economic future lies in its success as a center for international business, has steered Miami toward a new and critical role in trade and commerce. And on one hand, advocating the development of the World Trade and Exhibition Center to be located in the downtown Miami, while simultaneously attracting over five billion new construction projects, such as five star hotels, luxury condominiums, apartments and office buildings. And whereas it is fitting and proper that local authorities of the City of Miami, on behalf of our citizens, pause in our deliberations to pay special tribute herewith to the Honorable Joe Carollo, a Miami product, educated in our local colleges and schools and our local political arena, one who has given untiringly of himself in order to make a difference in our City and to elevate the quality of life for all of our citizens. Now, therefore, we, the City Commission of the City of Miami, do hereby proclaim Thursday, the 15th of November 2001, as Mayor the Honorable Joe Carollo Day, in the City of Miami in 1996 to 2001. [APPLAUSE] Commissioner Sanchez: Ladies and gentlemen, the Honorable Joe Carollo. I believe his staff, that deserves also a round of applause, please. 10 November 15, 2001 • [APPLAUSE] Commissioner Sanchez: Would like to present the Mayor with an award. Ronda. Ronda Vangates (Mayor's Office, Chief of Stafi): Good morning. I've been famous for two things while working at the City of Miami. One of them is partying and the other one is crying in public. And I have to thank Commissioner Teele for one and Mayor Carollo for the other one. It has certainly been a pleasure working with Mayor Carollo and I'm going to get through this without crying, I hope. If not, you know how I feel about you. He has really been a true friend. He has been a great mayor. And I'm not going to get through this without crying. So, on behalf of your staff, we would like to present you with the picture that really tells your story; how much you care about your country; how much you care about your city, and how much your friends. And so, on behalf of your staff, your international staff, all these faces that you see represent a different part of our community and it's something that we're all very, very proud of. Mayor Carollo. [APPLAUSE] Ms. Vangates: And one last presentation. I don't think the Miami Herald could have put it any better in their editorial when it says, "Thanks, Mayor Carollo." And their quote says, "He did his best when Miami was at its worst." And I can tell you there was no time that the Mayor was not concerned about Miami, about its residents, about its workers, about its community, about its tourists. And I congratulate Manny Diaz for being elected Mayor. I wish you well. You have some big footsteps to jump into but I'm sure you're going to do well. Mayor Carollo, this is your second one from your staff. [APPLAUSE] Mayor Joe Carollo: This is tough. I think you're going to find out today that I was never as tough as you thought I was because I'm really choked and I don't know if I could finish this today. I've been very honored to have had the privilege of having been Mayor since July 23r6, 1996, to the finest, the greatest, the most beautiful city, with the warmest people in the entire world, Miami. There is no city in America, there is no city in the world that can compare to the great City of Miami. We are so privileged, so lucky to be able to live in this city and to be Miamians. And I have had the honor of having had such a wonderful staff, such a dedicated and loyal staff to have worked with me. Without them I could not have done anywhere near as much as we were able to accomplish. And this City has some of the finest employees that you can find anywhere. The dedication, the love they have for this City, the sacrifice that they make is second to none to any city in America or anywhere else in the world. I've been very proud of the employees to the City of Miami. Particularly, you can tell what your employees are made of in the tough times. And during our tough times, they came through and they showed us what they were made of. They gave up, over two years, over thirty million dollars ($30,000,000) to save the City of Miami. Carlos Gimenez, our City Manager, my City Manager, and to his administration, my administration, to the executives that he has, I am very grateful. Carlos has been an honorable Manager, a professional Manager, a straight shooter. To my colleagues in the 11 November 15, 2001 City Commission, I cannot find the words to truly express to you the gratitude that I have for the words that you've said today. I know that we will be working together in the future in many ways and you could count on me in whatever any of you might ever need in my assistance, no matter how little or how big, I'll be happy to be there and help you and help this City. Miami, I truly believe, has a destiny. And that destiny is to become what New York was 1:0 America and to the world in the last century. I believe Miami will become that in this century, not just the hemisphere capital of the Americas, but I truly believe Miami is going to become the main international trade and commerce center of the world in this next millennium -- this present millennium that we're living today. There are so many things that we have that God has blessed us with, that it would take me just hours to talk about them, but we've laid the foundation to make of Miami the greatest City ever. The foundation has been laid and I feel comfortable that with the leadership that's here, with the people that we have placed both in the administration, from the private sector and in the leadership that we're going to have in this Commission and with newly elected Mayor Manny Diaz that what we've begun back in 1996, the foundation that was laid, that that progress will go forward and that Miami will bring the OAS (Organization of American States) here into the future, where Miami will be the home of the Organization of American States, that the International Developing Bank will move its office to Miami, that many other international organizations of great importance will have Miami as its main center of operation. I look back when I first started in government as the youngest elected official ever in this City's history, twenty-four, and I wonder where did time go. Here it is 22 years later and my life has been just flashing in front of me so quickly. But I'm proud of many of the accomplishments that we've made together. I'm proud of this City. I'm proud that, as your Mayor, my official capacity of Mayor, you never saw any corruption scandal from me or my office. I'm proud that we were able to leave Miami a much better City with a solid foundation into the future. There were times when we first were elected that I thought out loud to myself: Could we make it? Could I be able to be strong enough to withstand what we had to do? You know, I look back and it seems I never got a day's rest since I first became Mayor. Within a short time, sadly, we were seeing some of our top financial officials in the City and others being arrested for corruption. You know, when bad news comes, nobody wants to be a rat to talk about it, so the buck stopped with me and I had to face the music. I had to make the tough decisions. And seeing that our top financial officials had been indicted, I thought it was a good idea at the time to look into our finances and see how they were. So I went and spoke to three key people that I trusted, that were trusted county -wide, city-wide. And finally, while meeting with Merritt Stierheim, I decided that Merritt was the person that I best thought that should come in and help find what our status was at the time. So I spoke to his boss at the time in the Convention and Visitors Bureau, the Chairman of the Board there, and we got the OK from Merritt to come in as an interim manager. The rest is history. My worst fears were confirmed. We ended up having a deficit of 25%. Actually, it was not 68 million. Over 70 million that we had as deficit. And from then on we spent every day, morning, afternoon, and evening trying to find ways around the clock on how to save this City. And in the midst of all that, we still had to fice an election and the very existence of whether Miami would survive as a city or not, an election that we (INAUDIBLE) through a lot of hard work. Today, we have surpluses of over sixty million dollars ($60,000,000). And not counting that from last year's budget, we will end up with at least ten million dollars ($10,000,000) left. And if we get a legal opinion this week, like I think we will, the surcharge monies that we have put aside will be able to be used, so you have another ten million to bring it to a total of sixty million in reserves and twenty million that was left from 12 November 1.5, 2001 • 0 last year's budget. Ladies and gentlemen, I have been very proud to have been your Mayor. I have been very grateful for the love, the friendship, the caring that so many of you have shown towards me. You always will be in my heart. The pride that I have had of having represented this City, I cannot describe to you. This is a wonderful City. It's a great City. It's a City of the future. And I'm proud that I've been the Mayor of this City. And I ask all of you, those that supported me, those that supported others, those that supported the new Mayor, and those that supported the other candidates, that now is the time to come together as one as Miamians. I ask you, all of you, to support the new Mayor, to support this new Commission, to make Miami the best City in the world; to make sure that Miami is going to be able to reach the potential that it has, to reach the destiny that Miami has. I tried to serve you with dignity, with honor, with the hardest work that I could give you and maybe a time looking back, maybe I even gave it more than I should have because the personal price that I've had to pay was greater than anything that I ever thought that I would have to pay. But I'm proud that I gave so much for this City and I will keep working with you into the future. Thank you all. May God bless Miami. [APPLAUSE] Commissioner Sanchez: Thank you and thank you, staff. 13 November 15, 2001 Chairman Teele: Mr. Attorney, the pledge has been given. The Chair notes the presence of a quorum. Is there a vacancy on the Commission? Alejandro Vilarello (City Attorney): Yes, Commissioner Teele. There exists a vacancy in District 1. Chairman Teele: And when will that -- how long will that vacancy be -- Mr. Vilarello: That vacancy continues until November 19`x', at 11:59 a.m. Chairman Teele: Is there a motion to fill the vacancy? Commissioner Sanchez: So moved. Mayor Carollo: I would like to suggest to the Commission that for this last meeting, if you would consider, until the seat is filled at tomorrow evening, at 6 pm, if you would consider making a motion and naming Commissioner Willy Gort to finish today's meeting with you and to serve until tomorrow evening. Chairman Teele: At the request of the Mayor, the motion is made by Commissioner Sanchez. It's second by -- Commissioner Regalado: Second. Commissioner Winton; Second. Chairman Teele: -- Commissioner Regalado and Commissioner Winton. Is there objection? All Mr. Vilarello: Mr. Chairman, the vacancy would continue until the 19th, just before noon. Commissioner Sanchez: Yeah, Monday. Yeah. Chairman Tecle: Monday, the 19t19 Mr. Vilarello; Yes, sir. Chairman Teele: Let's be clear. The Charter, which was passed -- the Charter changes that were passed -- Commissioner Sanchez: It's five days. 14 November 15, 2001 • • Chairman Teele: Is five days. So what is that time? Does it say noon or what? Mr. Vilarello: It's 12 o'clock noon, five days after the receipt of the election results and the certification by the City Clerk, which took place Wednesday. So that would make it -- five days thereafter would be Monday at noon. Chairman Teele; Monday at noon. Mr. Vilarello: So the new Mayor and the new Commissioner of District 1 will take office at that point. They may be sworn in prior to that, but it would be taking their oath of office, which would take effect on the 19"'. Chairman Teele: All right. Monday at noon. A motion on Commissioner Gort to fill the vacancy. It's been moved and second. Is there objection? All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed "no." The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01-1174 A RESOLUTION APPOINTING WIFREDO GORT AS A MEMBER OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, DISTRICT I, TO FILL THE TEMPORARY VACANCY CREATED RESULTING FROM THE COMMISSIONER ELECT, NAMELY ANGEL GONZALEZ, HAVING TO ASSUME OFFICE FIVE DAYS AFTER THE CANVASS OF THE VOTE AND THE DECLARATION OF THE RESULT OF SAID ELECTION, TO SERVE UNTIL NOVEMBER 19, 2001 AT 11:59, AT WHICH TIME THEREAFTER SAID COMMISSIONER ELECT SHALL SERVE A TERM PURSUANT TO SECTION 4 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA. Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 15 November 15, 2001 Chairman Teele: Let me just say this. I'm deeply grateful for the opportunity to serve as queen for a day, but I want to just say, publicly, that I will be resigning, effective 11:59, on Monday. I think it's very important that the new Mayor name his or her own Chairman, and I am grateful that Commissioner Carollo has given me this high honor. But I do think that nothing in this honor should in any way infringe upon the new Mayor to name his Chairman. So, Mr. Attorney, would you prepare a letter for me to sign to that effect? Mr. Vilarello: Yes, sir. Chairman Teele: All right. Are there any other matters before we take a three-minute -- five minute recess? Mayor Carollo: One more matter. Chairman Teele: Commission stands recessed for five minutes. Mayor Carollo: By the way, at 12 noon, I would like to invite all of you here, staff, Miami residents alike, to a luncheon that we will be having back here in the back room in the City Hall chambers. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 10:44 AM AND RECONVENED AT 10:54 AM, WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT COMMISSIONERS GORT AND WINTON. 16 November 15, 2001 1-0. DN, L -7-8. Chairman Teele: Are you (INAUDIBLE), Mr, Clerk? Walter Foeman (City Clerk): Yes. Commissioner Sanchez: We do have a quorum. Chairman Teele: I know we have a quorum. What I'm saying is, I don't want us to take up everything without other people being here and that -- taking up Commissioner Regalado's items doesn't hurt anybody. Carlos Gimenez (City Manager): Mr. Chair. Chairman Teele: Yes, sir. Mr. Gimenez: We'd like to -- Item A, we don't believe that the individual is here. So, we need to defer Item A. Chairman Teele: Item A under who? Mr. Gimenez. Just item A. Unidentified speaker: Presentation. Mr. Gimenez: Under presentation. Chairman Teele: OK. What we are going to take up now, until we get Commissioner Gort and Commissioner Winton, we are going to take up District items number 4. District 4 items. Then we'll come back and take up the consent agenda, the deferrals and everything. The first one is a discussion and update on the -- from the administration on property located at 2020 Southwest 24`h Street. Commissioner Regalado: Thank you very much, Mr. Chairman. This is the building that Commissioner Winton and I visited with the Manager, the Assistant City Manager, Frank Rollason and the NET (Neighborhood Enhancement Teams) Director. This is a HUD (Department of Housing and Urban Development) building and we still -- although HUD had issued some warnings and some citations, this is from the County's part. From the City, we need to know what we're doing in terms of parking, especially we have still the situation of the parking of the tenants with, I guess, a consent of the owner on the surrounding areas. So one thing that we discussed was to try to seek from the owner building a parking lot next to the building on a vacant lot that is owned by him or his company. So have we done anything at all on this issue of the parking, Mr. Manager? 17 November 15, 2001 Lori Billberry: Lori Billberry, Director of Asset Management. The last time we were before you, we advised you that we were obtaining a title report, which we did. There is nothing in the title work, though, that shows that there was any covenant running with the land that requires them to construct a parking lot. Commissioner Regalado; But that doesn't mean that we could seek -- is that -- can this building be judged by City Codes in terms of the need of parking or this is a building that is totally grandfathered in? [At this time, Commissioner Winton entered the Commission chambers at 10:58 a.m.] Frank Rollason (Assistant City Manager): Our understanding is is that it's grandfathered in. We have to get somebody from Zoning to come here and speak to you on that, but that is my understanding. It's an old building and they park on the street and that is what we had been informed of from the NET side. Commissioner Regalado: So the next step is what do we do with the parking, especially in front of the driveways? I mean, people in that block and the next block are really decent, quiet people. The only thing that we need to do is build in some safeguards so their driveways will not be blocked. Now, how do we do that? Mr. Rollason: We have increased enforcement activity in there with the NROs (Neighborhood Resource Offices) out of the NET Office and through enforcement and -- you know, we may be able to put some signs up posting no drive -- "no parking" in these particularly areas. However, the neighbors that we have spoken to about putting up these "no parking" signs by their driveways are not too happy about that solution. To tow them, we have to be posted before we can actually tow vehicles out of there. Also, it turns out that some of the vehicles that park there are people that own homes, that are frustrated they don't have a place to park, and end up parking at a neighbor's house in front of the driveway because they can't get to the parking in front of their house. So we sort of have to be careful as we're -- go forward pulling some of those cars out, because maybe some of the people we hurt are the very people that we're trying to help. Commissioner Regalado: Right. So, what is the story with the lot next -- not the lot we own, but the lot next to the building? Ms. Billberry: It is owned by the same owner as the apartment owner. There was a Unity of Title, at one point, that tied them together but that has since been amended; that the only Unity of Title that exists right now is the apartment building and the lot immediately behind it, which was an accessory building to the apartment building. Commissioner Regalado: So -- Ms. Billberry: I mean, there's nothing that requires them to build a parking -- I mean, he can do it. 18 November 15, 2001 Dena Bianchino (Assistant City Manager): Commissioner, just to answer your earlier question. They've been grandfathered in in terms of parking issues since 1924. Commissioner Regalado: 4K. So what we need to do, if that person is willing to come here, if we can contact representatives of that company for the next Commission meeting and we can discuss, publicly, the problems here before the Commission, the problems that this is creating, to see if this person wants to be a good neighbor and address some issues on that. If that doesn't work, then we'll have to just work something out. So, Mr. Manager, if you can. Mr. Gimenez: Yes, sir. We will contact the owner and ask him to come before this Commission. We'll also, prior to that, relay your concerns and your requests, that could he possibly build a parking lot on that adjacent land in order to be a good neighbor? If he does not come before us, then we'll relay what he told us to you. Commissioner Regalado: Thank you. That will be for the December meeting. [At this time, Commissioner Gort entered the Commission chambers at 11:01 a.m.] Commissioner Winton: Commissioner Regalado, I think that, you know, this isn't the only apartment property in the City of Miami that doesn't have parking and we don't have the same kind of problems everywhere else. I think this is a clear cut case where you have an owner who's kind of thumbed his nose at the process and the City. And the only way you really get at him is to make sure that he is not allowed to violate one single rule, regulation, Code of this City at any particular time, that we stay on him and make him become a good citizen or sell his property. And we have that right to force him to stay in compliance with every single rule and regulation and I think that we ought to do exactly that. And that may then stimulate him to build additional parking on one of his lots that can cure the problem. So I think that we just have to watch this guy. And this particular property is one of those cases where you've got one particular property owner who's become essentially the cancer in the neighborhood. And it's our responsibility to make sure that he gets away with absolutely nothing, period, and stays in total compliance at all times. And then maybe he'll work a little harder at seeing things our way. Commissioner Regalado: I think you're right, which will bring us to the next issue that is for the Attorney -- 19 November 15, 2001 0 • QATI' . 11ST1w ED T;O ?ION DO R IiCTI' 'BM(). Chairman Teele: Would you just pause? Could we pause and allow the Clerk to administer the Oath of Office, please? Note for the Record: At this time, the City Clerk administered oath to Comissioner Wilfredo "Willy" Gort as Commissioner of District 1. [APPLAUSE] 20 November 15, 2001 6>MNAR TO �'�a I sTGNSAx Q1NilC VREII:?$ k PEIV1 iII OIJPIT C3SE , ECT` N V4 It S S IIpCU?, yj ..I Commissioner Regalado: OK. Which brings us to the other issue, and this is for the City Attorney because it was him who was in charge of this case. This is a Code Enforcement action in the Shenandoah area. It's about a specific property. Mr. City Attorney. Alejandro Vilarello (City Attorney): Yes. With regard to the property located in Shenandoah, we have filed suit. We have requested the court enter an injunction requiring compliance with the City Code, which, in this case, would mean removal of the structures that were built illegally and the additional units which exist on the property. We are currently scheduled for a hearing before Judge Amy Dean on Monday, December 10", at 8:30 in the morning. At which point we will request that the court enter an injunction and order the owner of the property to remove the illegal structures and the illegal units. Commissioner Regalado: And what -- so the people would understand what -- the only thing that the City is looking is not to take away that property or anything. It's just we just want to make people comply and raise the quality of life in that neighborhood. We have this situation with the parking in that block. Actually, about 20 vehicles have been towed from that area in the last two weeks. But the police cannot have a 24-hour detail in there. So, I think, we need also, Mr. City Attorney and City Manager, to post some signs informing of the court case date. Mr. Vilarello: I might want to add, Commissioner, that we do have an administrative process, which is the Code Enforcement Board, which is very helpful in many cases. However, the Code Enforcement Board simply has the authority to fine someone for their failure to comply, while the Circuit Court judge and the request that we're bringing before the judge -- the Circuit Court judge has the authority to direct or order the owner of the property to comply with the law. So it should be used in those instances where, like in this case, the Code Enforcement Board has done its job, the administrative procedure has gone forward, yet, they choose not to comply with the law. And we will have the notice posted -- prepared and posted in the neighborhood. Commissioner Winton: Could you repeat, though, particularly for the public's point of view, repeat what our remedy is here and what that remedy means at the end of the day. Mr. Vilarello: In terms of what the court could do? Commissioner Winton: Right. Mr. Vilarello: The court has the authority to require the owner to comply with the City Code. And the court can either order them to comply or in the event that they cannot comply, allow the City to require or enforce the compliance. Commissioner Winton: And in this case compliance means what? That's what I want the public to hear here. 21 November 15, 2001 • Mr. ViIarello: OK. The illegal structures are structures that -- pieces of this structure were built without building permits, so they're presumptively unsafe structures and that would mean that any of those -- any part of that property that was built without a building permit would have to come down or, otherwise, become certified as a safe structure. And with regard to the illegal units, this is in a single-family zoned residential neighborhood, and there is at least five units -- five different units located on that property. So compliance would require it to come back into the same character as the neighborhood, which is a single-family residence and a single-family neighborhood. , Commissioner Winton: Thank you. Commissioner Regaiado; Thank you. 22 November 15, 2001 Chairman Teele: Could I request the Commission's attention just for a moment, so we can try to establish the Order of the Day? It's 11:09 and we've got a Iot of people that were advertised to be in here this morning for public hearings and things and I'm trying to accommodate them. I know, Commissioner Winton, you and Commissioner Regalado have people that -- on your blue pages also. So, what we'd like to try to do is accommodate everybody that's here and then, on routine matters with the administration, since we're all going to be here, we can try to -- it's going to require that we jump around a little bit. And then we've got a bunch of our finest that went up to New York and we're spending a lot of money, when you calculate the amount of hours that they have been here waiting, so I think we better try to bring our finest right up here now and receive these proclamations for their efforts at ground zero. So if you all would just come forward, and we're going to all salute you as you come forward and then we'll salute you when you're here. Let's give our City of Miami a big hand. Just come right on up. [APPLAUSE] Chairman Teele: We're going to yield to Commissioner Sanchez for the presentation, Note for the Record: The above -referred to Presentations and Proclamations are on file in the Office of the City Clerk, via cassette tapes. 23 November 15, 2001 • �SFI AGN?A� n . Chairman Teele: All right. Let's take up the consent agenda. Is there a motion by Commissioner Gort, second by Commissioner Sanchez on the consent agenda. Commissioner Winton: So moved. Commissioner Regalado: Second. Commissioner Gort: Discussion. What I'd like in the future, if possible, if it can be done, when we talked about the sidewalk with street improvement that we spend the money on, if we can identify the streets and the -- Carlos Gimenez (City Manager): Yes, sir. Chairman Teele: All right. On the motion for the consent agenda, all those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed have the right. Note for the Record: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER WINTON AND SECONDED BY COMMISSIONER REGALADO, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 24 November 15, 2001 C] RESOLUTION NO. 01-1175 • A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF METRO EXPRESS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS DATED OCTOBER 16, 2001, FOR THE PROJECT ENTITLED "CITYWIDE SIDEWALK REPLACEMENT PROJECT, PHASE XIX, B-4645", IN THE AMOUNT OF $139,200; ALLOCATING FUNDS FROM PROJECT NO. 341183, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $139,200 FOR THE CONTRACT COSTS, AND $15,347 FOR EXPENSES, FOR A TOTAL COST OF $154,547; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. TIO PIIF, TQ . 4TNQ� �� QQ 1�4RQUISIONND'r1 TyALI,TIQN { BCIr <EiF UAMN' RESOLUTION NO. 01-1176 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF LEADEX CORPORATION, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00- 01-230, DATED SEPTEMBER 7, 2001, FOR THE ACQUISITION AND INSTALLATION OF SMOKE EVACUATION FANS FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $33,033, PLUS A FULL SERVICE WARRANTY BEYOND THE INITIAL ONE-YEAR WARRANTY PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $2,700; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 312025, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED. 25 November 15, 2001 • RESOLUTION NO. 01-1177 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF BRC CONSTRUCTION CO., INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS DATED OCTOBER 2, 2001, FOR THE PROJECT ENTITLED "ORANGE BOWL PUMP STATION AUTOMATIC BAR SCREEN (THIRD BIDDING), B-5654", IN THE AMOUNT OF $408,000; ALLOCATING FUNDS FROM PROJECT NO. 352268, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $408,000 FOR THE CONTRACT COSTS, AND $79,500 FOR EXPENSES, FOR A TOTAL COST OF $487,500; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. RESOLUTION NO. 01-1178 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF PINNACLE ARMOR, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00- 01-093, DATED SEPTEMBER 24, 2001, FOR THE PROCUREMENT OF TWENTY-FIVE SURVIVOR TM -2000 SERIES EMS SURVEILLANCE VESTS FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $10,525; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 313304, AS FUNDED BY THE FIRE ASSESSMENT FEE. 26 November 15, 2001 • 0 l TATI I OR @BIi S NOS 01 19�},. FpR 'R UR ?,�vIEN H. oI T I S y 1�E�?�TI� O�OLICE$ ,3�Q;.ALL�CAT S FR; LA.� EN.�Q�C���+1'BLOCi�. RESOLUTION NO. 01-1179 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF COAST TO COAST TRUCK AND TRAILER SALES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-194, DATED JUNE 18, 2001, FOR THE PROCUREMENT OF FIVE HORSE TRAILERS FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $58,350; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT BLOCK GRANT VI, ACCOUNT CODE NO, 142023.290525.6.840. ACCEPT OF SAFETY EQ 1'IPMENT CQ L LT�RSITAN ITATION FQR $ S .4 Ot01- $� QR OCUREMEN _Q F„ EItTrrr of aE-RscUl~, 1.��,?a; M NT )QGRAM G P.1;:. eF RESOLUTION NO. 01-1180 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF SAFETY EQUIPMENT CO., LLC, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00- 01-158, DATED SEPTEMBER 10, 2001, FOR THE PROCUREMENT OF EMERGENCY RESPONSE EQUIPMENT FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $14,599.70; ALLOCATING FUNDS FROM THE DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PROGRAM GRANT. 27 November 15, 2001 0 • V. ACC PT ` SIRHIE �,�VGR£ PRINT 1'' QAv IRIES; ING'„r pUR UANT'``IQ iNUITATI0 �1 k OR BIDS NQ 000 -21A -TOR PRO U IYiENT OF NAR60-T G F E I IiaENTIFIQ TIQN Jf FOR IVEPARTkqiu Q OLICL�, $ �; ;; LOC FUNDS FR01Y1£ PQIICE GE1*lERA'EP ATTNG BUDGED .s ' .. ...go RESOLUTION NO. 01-1181 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF SIRCHIE FINGER PRINT LABORATORIES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, PURSUANT TO INVITATION FOR BIDS NO. 00-01-218, DATED SEPTEMBER 7, 2001, FOR THE PROCUREMENT OF NARCOTIC FIELD IDENTIFICATION KITS FOR THE DEPARTMENT OF POLICE, ON A CONTRACT BASIS, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $15,333; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET. 8.8-: WEPT BIDS OF.VARI4US VENDORS; P, SUAI�RN T TO VI 4ON,FOR W,S. NO 00-'Q1 37, `FOR . CQLTISITIpN FPA ,ER PRODUCTS AN!) ALAS GS I�QR DET ARX'Iv BN O "URISIIVGOED CII�XWIDE AlocAr F�TDs FROMNIR QRA`PINCr BUETSOFyOUSBIDIGAJENTS: ` RESOLUTION NO. 01-1182 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF VARIOUS VENDORS, PURSUANT TO INVITATION FOR BIDS NO. 00-01-237, DATED SEPTEMBER 5, 2001, FOR THE ACQUISITION OF PAPER PRODUCTS AND PLASTICS FOR THE DEPARTMENT OF PURCHASING TO BE USED CITYWIDE, ON AN AS -NEEDED, ITEM BY ITEM CONTRACT BASIS, FOR ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM EACH OF THE GENERAL OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS, AUTHORIZING PURCHASES AS NEEDED, SUBJECT TO AVAILABILITY OF FUNDS. 28 November 15, 2001 • • AYPlT�?' MEN7T:4�� H ..AC []S T1VIN RESOLUTION NO. 01-1183 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF PHARMACEUTICALS FOR THE DEPARTMENT OF FIRE -RESCUE FROM CARDINAL DISTRIBUTION/BINDLEY WESTERN DRUG COMPANY, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 268-000-98-2, ON AN AS -NEEDED CONTRACT BASIS, EFFECTIVE THROUGH SEPTEMBER 30, 2003, AND ANY EXTENSIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $60,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.280601.6.714. `� U'HOIZEEs o MLTE O DACE ANDDL P A3 P�1RM G LANG S 3Y kDEPA TVI �TT aF P4 Cq FQ t xim, N ANS R T'T `r ION 7. ;000, A ,LQGAT FUNDS FRn ? P �G rtE L o � ! 177 RESOLUTION NO. 01-1184 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE USE OF THE METRO-DADE AND MEDLEY POLICE DEPARTMENTS FIRING RANGES BY THE DEPARTMENT OF POLICE FOR FIREARMS TRAINING AND RE -CERTIFICATION, IN AN ANNUAL AMOUNT NOT TO EXCEED $71,000; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000,290201.6.270, RESOLUTION NO. 01-1185 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF THE "DO THE RIGHT THING" PROGRAM, IN THE AMOUNT OF $23,675.81; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.705, FLORIDA STATUES (2001). 29 November 15, 2001 • RESOLUTION NO. 01-1186 • A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO AN EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, EXTENDING THE CONTRACT WITH GENUINE PARTS COMPANY, D/B/A NAPA AUTO PARTS, PURSUANT TO RESOLUTION NO. 98-1198, ADOPTED DECEMBER 8, 1998, FOR THE PROVISION OF IN-HOUSE PARTS OPERATIONS IN PARTNERSHIP WITH THE DEPARTMENTS OF FIRE -RESCUE AND GENERAL SERVICES ADMINISTRATION AND PROVIDING FOR AN INCREASE IN THE ANNUAL AMOUNT NOT TO EXCEED $583,632, FROM $1,523,236.50 TO $2,106,868.50, FOR THE THIRD CONTRACT YEAR, BEGINNING MARCH 5, 2001, AND THE FOURTH CONTRACT YEAR, BEGINNING MARCH 5, 2002; ALLOCATING FUNDS FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ACCOUNT CODE NOS. 503001.420905 AND 509000.420901, IN THE AMOUNT OF $1,706,868.50, AND FIRE -RESCUE ACCOUNT CODE NO. 001000.280701, IN THE AMOUNT OF $400,000, SUBJECT TO AVAILABILITY OF FUNDS. 30 November 15, 2001 • • A T' .0RIZE D ' TOI , ,1N TQ F A I FR�Dp A BETE °s TTL4�M— N L s IaEM rrla � T RESOLUTION NO. 01-1187 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ALFREDO MONTILLA THE SUM OF $70,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE ALFREDO MONTILLA VS. CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA, CASE NO. 00-19670 CA (20), UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFORE FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651. RESOLUTION NO. 01-1188 A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION FOR THE PURPOSE OF RECOMMENDING CHANGES TO THE OCCUPATIONAL LICENSE TAX RATES IN ACCORDANCE WITH CHAPTER 205, FLORIDA STATUES. 31 November 15, 2001 • RESOLUTION NO. 01-1189 • A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A DONATION FROM THE GROVE TREE -MAN TRUST, INC. (THE "TRUST") OF THE DELIVERY AND INSTALLATION OF SIXTY NATIVE TREES, VALUED AT APPROXIMATELY $24,700, TO BE PLANTED AND MAINTAINED BY THE TRUST IN THE SOUTHWEST COCONUT GROVE AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. RESOLUTION NO. 01-1190 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A COUNTER -SETTLEMENT PROPOSAL TO ST. JOHNS COMMUNITY DEVELOPMENT CORPORATION ("SJCDC") AND LYRIC VILLAGE HOUSING, INC. ("LVHI"), AN AFFILIATE OF THE RELATED GROUP OF FLORIDA IN CONNECTION WITH THE EXISTING LITIGATION IN THE CASE OF CITY OF MIAMI AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY VS. LVHI AND SJCDC, ELEVENTH JUDICIAL CIRCUIT CASE NO, 00-30414 CA (13), IN CONNECTION WITH THE LYRIC VILLAGE PROJECT. 32 November 15, 2001 RESOLUTION NO. 01-1191 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $45,000, FOR MARKETING AND PROMOTING THE GOLD CUP 2002 SOCCER TOURNAMENT TO BE PRESENTED BY INTERFOREVER SPORTS, INC. ("INTERFOREVER") JANUARY 18-25, 2002, AT THE ORANGE BOWL STADIUM, SUBJECT TO THE EXECUTION OF A USE AGREEMENT WITH INTERFOREVER FOR THE PRESENTATION OF A MINIMUM OF TWELVE SOCCER MATCHES OVER A TWO-YEAR PERIOD; ALLOCATING FUNDS FROM THE SPECIAL EVENTS FESTIVAL FUND, ACCOUNT CODE NO. 001000.921054.289. RESOLUTION NO. 01-1192 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH INTERFOREVER SPORTS, INC. ("INTERFOREVER") FOR PRESENTATION OF A MINIMUM OF TWELVE SOCCER MATCHES AT THE ORANGE BOWL STADIUM OVER A TWO-YEAR PERIOD ESTABLISHING A CAP OF $2,500 FOR THE BASIC USER FEE PER EVENT, CONDITIONED UPON INTERFOREVER (1) PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH ANY EVENT, (2) OBTAINING INSURANCE TO PROTECT THE CITY IN AN AMOUNT AS PRESCRIBED BY THE CITY MANAGER, AND (3) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. 33 November 15, 2001 CT MIIVISTRA IO PROVIDE CgNTM SIO WT H TAT� .' VNIP��R ON ��ER�200�iNG GIN OZ T ,w} T� +4°AVS, ChairmanTeeIe: All right. The next item -- Alejandro Vilarello (City Attorney): Mr. Chairman, there's a couple of items, if you'd like to take withdrawals. Commissioner Regalado: Do I continue with the blue pages? Chairman Teele: Let's just -- if we could, you've got some people that are here. We want to -- why don't we just go ahead and take up Oz. Don't you have somebody here on Oz? Commissioner Regalado: Yeah, and on other issues, Chairman Teele: You have people here on those? Commissioner Regalado: Yeah. One -- I'll be brief. On this, the issue of Oz Nightclub is, we had that discussion -- Chairman Teele: That's the supplemental agenda. Commissioner Regalado: That's the supplemental agenda Item S-2. We had that discussion several weeks ago. And, basically, there was a covenant in terms of extending the hours of operation of this nightclub, located in District 4, Southwest 8"' Street, 34th Avenue. And my question -- specific question is this time, what is going on with the wall that was supposed to be built to separate the parking and the nightclub from the residential area on Southwest 9th Street? Ana Gelabert: Ana Gelabert, Director of the Planning & Zoning Department. The special exception that was granted to the club has a year. So, actually, the applicant has a year to construct it. But tomorrow there will be a meeting -- and Juan Gonzalez is here, who's the Zoning Administrator -- and the owner of the Oz club is coming to meet with Zoning in order to see what they need to do to start building the wall. Right now they can operate as a restaurant. What they cannot do, until they build that wall, is operate with what the special exception granted them, which was the use of (INAUDIBLE) Nightclub, the extension of the hours. And for that, they will need a CU (Certificate of Use), so they couldn't really operate as a nightclub unless they get the CU. And they won't get the CU until when they build the wall and the parking. Commissioner Regalado: You're talking wall? Ms. Gelabert: Wall, parking, and all the improvements that we put as conditions to that special exception. Commissioner Regalado: Separation from the street, the wall, and the parking. 34 November 15, 2001 Ms. Gelabert: That's right. It was the parking, the wall, the landscape and the rest of the things. But, like I said, tomorrow there is a meeting with the Zoning Division regarding the construction of the improvements. Commissioner Regalado: So, my question is why -- Ms. Gelabert: When the special exception is granted they have a year. So, we don't tell them when they have to start construction. They just cannot operate with what the special exception permit granted them until they build the improvements. So it's really up to them. If they want to do it in six months, they have six months. We don't put that limitation. Our limitation is if, in a year, they haven't done it, then they don't -- they no longer have the special exception. Commissioner Regalado: But as long as they don't do it, they cannot operate. Unidentified speaker: Right. Ms. Gelabert: Exactly. They cannot operate with what -- they cannot operate as a nightclub. They can operate as a restaurant, which is what they have today. But to operate for what they wanted, they cannot, unless they build what the plans approved. Commissioner Regalado: I would like then on the next meeting, which is December 8th -- 13th? Ms. Gelabert: Thirteenth, I believe. Commissioner Sanchez: December 13th Commissioner Regalado: December 13th. We're going to have a report and then a more detailed discussion about what is happening on this because we don't want to take the time now. We're running very late today. But on December 13`h, you will have had the meeting -- Ms. Gelabert: And I'll be able to let you know any (INAUDIBLE). Commissioner Regalado: -- with the persons so you would report in terms of the time table, the construction, and all the issues that need to be discussed. Ms. Gelabert: Yes. I will be able to give you a status of where they are. Commissioner Regalado: Thank you. On December 13th, Armando. Armando Perez Roura: OK. I just wanted to ask the Commission for one question, if you so kindly, please? Just one question. Commissioner Regalado: Your name is? 35 November 15, 2001 0 Mr. Perez Roura: My name is Armando Perez Roura, Jr. Address, 2975 Southwest 21St Street. The question I want to ask the Commissioners is the following. I was here in front of you about a month ago and I raised some questions about illegal constructions, because this never should be approved by Miami City law. Mr. Teele -- Commissioner Teele -- and before I continue, I want to congratulate all of you who have won the elections. Commissioner Teele asked me, "Do you have notified the staff?" I have sent certified letter to staff and was (INAUDIBLE) that I have to provide to Commissioner Regalado and the City Manager's Office. I have spoken to Francisco Garcia, who is one of the persons in charge of NET (Neighborhood Enhancement Team), and Mr. Francisco Garcia is as disgusted as I am that you've got an employee in the City of Miami his name is Ruben Avila -- who he knows about 25 violations, major violations in this place, and Ruben Avila has placed -- Chairman Teele: Hold, hold, hold, hold it. Commissioner Regalado: No, no. Armando. Let me tell you something. Mr. Perez Roura: OK. I'm sorry. I need to find out who's going to answer my questions. Commissioner Regalado: We don't -- sir, we don't (INAUDIBLE) this. We have set December 13th as the date where we are going to respond to questions. Those questions that you have, I'll pass on to the City Manager. We will have ample time to have responded. And on the 13th, you're welcome and people of the nightclub, because we need to know what's going to happen. My -- Chairman Teele: With respect, I would ask that the Manager meet with all of the people before you come to this meeting, before the 13th, some time on the 12th or the 11th. At least a day before, because a lot of this "he said, she said" doesn't need to be in here. And, really -- and I really don't want you to call on anyone's name that's not here to speak on their behalf. Commissioner Regalado: Right. Mr, Perez Roura: Yes, sir. Commissioner Regalado: And so, we'll deal with that and everything on the 13th Mr. Perez Roura: Thank you very much. And, again, congratulations. 36 November 15, 2001 Commissioner Regalado: There is a -- Mr. Chairman, can I follow on the discussion? S-1 is the filming of a movie in the Virginia Key area. Let me say something. And I really think that this is something that we have to take at heart. I think that we should be very proactive in the City of Miami in bringing films, in bringing parades, in bringing -- I mean, this is the Magic City. So we need to be the City for the filming industry in Florida. We need to be the City for parades and activities and festivals of all kinds. On this particular -- and the reason that this is in my page is because there is an independent producer, the one that produced the movie Blow, that has been one of the blockbusters in the movies in the past year and they wanted to film Nautica. Nautica would be a story about a boat -- a person, I think, that kind of (INAUDIBLE), or some big name, has been hired. The thing is that they were planning to do this in New York, but because of the September 11th situation, they decided on Miami. And what they want is, they want to rent a part of the basin of the Marine Stadium to build some kind of dock and film there. They contact the City. They got some response, but then we had the situation with Barry and the rowing team and the use that Barry does on the basin for the rowing team. My understanding is that some of these issues have been resolved. But the reason that I wanted to address this -- and I really request the support of the City Commission -- is because we should do this thing the other way around. When a company comes to the City to try to do some filming, we try to accommodate, you know, we go by the book. We tell them, "Well and then we have this problem, we have that other problem. We're going to charge you this." I think that we need to do this the other way around. I think that first we have to say, "Yes, we're going to work with you." And then we have to deal with other marginal issues and accommodate and bring this filming. This is going to be six weeks filming in the Marine Stadium basin. I would hope that first we -- I mean, there's no question here of money. They don't want a waiver. They don't want a discount. Nothing at all. Chairman Teele: What's the problem? Commissioner Regalado: The problem is that we almost lost the filming because of the obstacle of Barry having a regatta some day or during the course of the filming, and that is my problem. My problem is that to have a major film filmed in Miami is important. And we have to go above and beyond the call of duty to bring these people. Chairman Teele: But not only is it important, Tomas. I was watching CNN (Cable News Network) with somebody. The state of California is waiving all their fees now to keep the film industry in California. You know, this is a tremendous industry and -- but I don't know what -- 37 November 15, 2001 why don't you move that the City Attorney be instructed to work with Barry and with the staff to facilitate the filming. And, you know, I'm sure Barry's got a great deal. Commissioner Winton: So moved. So moved. Commissioner Regalado: Barry does have a great deal, and that is my point. My point is that they need to be told that they have to do -- Chairman Teele: Well, they need to cooperate. Commissioner Regalado: They need to cooperate with us. Chairman Teele: So would you move the motion instructing the City Attorney to work with Barry and the City management to facilitate the filming and that Barry is requested to defer their activities or to make their activities secondary to the filming during this short period of time? Would that be -- Commissioner Regalado: I move that. Commissioner Winton: Second. Commissioner Regalado: And I think that some of those issues has been resolved. I would also probably would like to bring something additional, because I think that the filming of a movie is something where the people should and can participate. And I remember when Will Smith filmed that movie in Watson Island, that there were thousands of people in there to see Will Smith and, you know, the filming of a movie. We can make this filming an event for the City of Miami. This is why I brought this issue here and this is why I request the support of the Commission to make a priority, to be proactive in seeking the filming of the movie. Commissioner Winton: I think we're all on your side 100%. Commissioner Regalado: Thank you. Chairman Teele: Motion is moved and second. Is there a discussion? Is there objection? All in favor say "aye." The Commission (Collectively): Aye. Chairman Teele. All opposed? None. 38 November 15, 2001 The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 01-1193 A MOTION INSTRUCTING THE CITY ATTORNEY TO WORK WITH BARRY UNIVERSITY TO ACCOMMODATE THE FILMING OF FEATURE FILM ENTITLED "FILM NAUTICA" AT THE MIAMI MARINE STADIUM; FURTHER REQUESTING OF BARRY UNIVERSITY TO SCHEDULE ITS ROWING ACTIVITIES AT TIMES TO AVOID CONFLICT WITH SAID FILM PRODUCTION. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Chairman Teele: One of the things that the Manager and the Clerk could look at is, let's look at our existing committees. You know, we've got this Performing Arts Committee. Maybe that committee could be expanded to a film committee and have more advocacy without creating a new committee, because that's going to be the next thing. And we need to really look at streamlining the committees, I think. Do we have other issues with people here? Commissioner Winton, I think you've got -- Commissioner Winton: I do, but I would like to -- Chairman Teele: Did you have a -- Commissioner Regalado: No, I don't. My other issues do not require public presence, so I will defer that for tonight. Chairman Teele: OK. We've got Commissioner Winton and then we're going to have some public hearings from Community Development, and then we've got the Civilian Independent Panel with the people that want to get on the same strip there. 39 November 15, 2001 11.. 8eJSSION G„ NCERVIN "111.PRFVII QTS CN'EMPAO�'.11aS, Commissioner Teele: Do we have other issues with people here? Commissioner Winton I think you got... Commissioner Winton: I do, but I would like to... Commissioner Regalado: No. I -- my other issues do not require public presence, so I will defer that in -- for the night. Commissioner Teele: OK. We've got Commissioner Winton, and with then we're going to have some public hearings from Community Development, and then we've got the Civilian Independent Panel with the people that want to get on the same strip there. Commissioner Winton: Before I go to my issue, I would like to recognize a couple of special guests we have with us in the back. If you all please would stand up. Benjamin Jimenez and Carlos Cope (phonetic). They are official representatives from the City of Valencia, Spain on a returned trip from the mission that our International Trade Board went to Spain, and they were great hosts for us when we were there, and we will welcome you to our City. They're here looking for other opportunities for investment in doing business in our City. Welcome. I have -- the issue that I wanted to discuss is the Performing Arts Center's impact fee, which we discussed at the last Commission meeting, and I want to make sure there's some clarification. And we have Gail Thompson here. Welcome, Gail. At our last meeting, I brought up -- I brought a motion forward to waive the impact fee payable by the Performing Arts Center Trust or whomever the official entity is that's building the facility, to get the Performing Arts Center built. Commissioner Teele, you raised an appropriate objection, which was, you know, the law of slowly dying brain cells, unintended consequences here, and I think that's absolutely right. So, the motion that I thought we passed was to instruct the City Manager to find some other mechanism to get that -- I think it's seven hundred fifty thousand dollars ($750,000) -- back to the Performing Arts Center Trust, and we specifically wanted to move forward with all due haste to get a permit pulled so that they could move forward with construction of the facility. As a second part of discussion, I think, Commissioner Teele, you raised the point that -- as a major sponsor -- and, as far as I'm concerned, if you're waiving seven hundred fifty thousand dollars ($750,000) of fees that you do -- you become a major sponsor of the Performing Arts Center, plus we have the Omni Tax Increment Funds going to the Performing Arts Center as well. So, as a major sponsor, there are certain benefits that would accrue to the City for being a major sponsor, and that was really a second discussion, as far as I understood it. What I want clarification on is whether or not I'm right in terms of whether those were two separate issues or whether they were directly linked because my motion, as I understood it -- or at least the motion I intended to put forward -- really separated those two issues. If they worked together, fine, but they were not tied together, specifically. Commissioner Teele: Well, I'm sorry that the Sunshine Law puts this discussion in this context. The first thing that I raised is that I really think someone needs to sit down with the City Attorney and look at what precedent we're establishing and what equal protection issues are 40 November 15, 2001 going to be raised. Now, I've not done that and I didn't assume that your motion had done that, and I'll just yield to the City Attorney because I've not Iooked at the issue. Mr. Alejandro Vilarello (City Attorney): As I stated at the prior meeting, there is no procedure for waiver of impact fees. There is under certain conditions in the ordinance, there's a provision for exemptions, and the City Commission does not participate in the determination of an exemption. That's the City Manager's decision, pursuant to Code, and under specific guidelines outlined in the ordinance. My recollection, there was a loose discussion with regard to waiver and exemption. I tried to correct the record at the conclusion of the discussion to make sure that we're talking about an exemption that's specifically provided for under the ordinance, which the Manager is considering at this time, and my recollection is that both issues of the exemption and the issue that you were just talking about, Commissioner Winton, was a separate issue related in time and related with regard to the Performing Arts Center, but separate issues. In fact, at this time, as I understand it, the Performing Arts Center Trust has paid the impact fee; has pulled the permit, and is proceeding -- they have filed an appeal with regard to the impact fee to preserve all of their rights as we go forward. Commissioner Teele: Commissioner Winton, let me be precise. I sat on the other side of the table when this deal was put together, and as I said then and as I say now, the City did not negotiate a good deal for the City. When we put the Performing Arts Center deal together, I was sitting on the County Commission side. The whole issue of the Omni TIF (Tax Increment Funds) and all of that was a very bad deal for the City in terms of the City being a sponsor, but getting no recognition. There is no role for the City, and that's always an embarrassing position to be in when you've got guests, like you have here now, that are here for a theater event or something that the City should be in a different role. And this isn't about free tickets. This is about the fact that there should be an A to Z -- and, in fact, we instructed the Budget Director, three years ago, to do an A to Z study. This is probably two or three Budget Directors ago -- to do an A to Z study of the interlocal agreement between the Performing Arts Center and the City. I am one hundred percent support seven hundred fifty thousand dollars ($750,000) in consideration and even more, and I've made that very clear every time it's come up. I mean, to me -- you know, I've even talked in terms of eight million dollars ($8,000,000), which is what the shortfall was that I discussed with Parker Thompson, but the fact is, the City should negotiate something on behalf of the City for that. The City's already given the Performing Arts Center twelve million dollars ($12,000,000) or so with nothing. That is through the Omni TIF, and that's all right. The only thing that I'm saying is, one, the waivers I'm comfortable with because - - just as a matter of my legal training, it just doesn't seem that you can give one entity a waiver and not open the door to other -- school board. You know, we talk about what we want to do for schools; you ]snow, we're going to have a Mayor who's going to apparently engage schools, and the next thing is, we're going to need to give schools, you know, this, this and -- so, we need to be careful when we start setting these precedents. In terms of the economic impact of the Performing Arts Center to the City of Miami and to the Omni, it is 10 times what we're going to put into it. It's 10 times what we're going to put into it. It's not like they've got to -- my concern is that the City of Miami, without a political rush on it, should instruct the management to sit down and look at an A to Z of the interlocal agreement and what is reasonable for a facility that is in our City, what role we play, what role the City plays -- and most of us won't even be here when this thing -- I mean, this is going to take four years to construct, I would assume, and that's 41 November 15, 2001 beyond all of our political lives, at least -- so, it's not about us. It's about the City and it's about the City getting the best deal it can for its money. And I say right here and now, whether we grant an exemption, which I'm really not in favor of, or whether we provide the money in cash through other means, which I would favor, it doesn't matter, as long as we're getting something for it and as long as we elevate the City to not just being, you know, "me too", but to being a co- sponsor of this facility. We are, but we're not a part of the interlocal agreement -- doesn't reflect any of that. So, that's been my only issue, Commissioner. Commissioner Winton; Well, I think that you have essentially said the same thing that I said, and I just wanted to be clear in terms of our direction to staff because I wasn't sure that we were all on the same wave link coming out of that Commission meeting, and I also wanted to make sure that we were clear, not only the staff, but the Performing Center Trust, Gail Thompson and others, so that they understood where we were corning from and what we were trying to accomplish. And I think -- Gail, are we clear now in terms of -- and, also, the resolution stated that these negotiations, to figure out how we bring the seven hundred fifty dollars ($750) back to the Performing Arts Center Trust, that those negotiations be completed within 90 some days from the passing of that resolution, and end of story. So, Gail. Ms. Gail Thompson: Yes. If I might just say a few things and I'm Gail Thompson, Director of the Performing Arts Center project, 1444 Biscayne Boulevard, in the City of Miami. And, first, before I start, I want to say how pleased we are with the support that we have gotten from you, Commissioner, and from the City's administration, from the City Manager and his staff, throughout the Performing Arts Center unfolding and, yes, we are in construction. We paid the impact fees. We were able to pull the permit, and it's because of the good work of the City working with us in being able to go through the steps to pull it. We thank you for that. And we weren't (INAUDIBLE) requesting a waiver initially. We requested an exemption because we thought it was consistent with the City Code, with the Miami City Code, and based on the partnership that you outlined in the beginning, the partnership developed through the CRA (Community Redevelopment Agency) input through participation that you have on our boards, and the various ways that the City participates in the project, and the recognition -- this is recognition, and that recognition is parallel with that being given to the County -- with Miami - Dade County and with the City of Miami Beach as public sector partners in the project's development. The bulk of the recognition, as things like boxes and those kinds of things, were essentially granted to the private sector as a way to allow the private sector to raise the private sector funds that it's responsible for, and it's a quite daunting task that they have to raise, roughly eighty million dollars ($80,000,000) for the project. So, (UNINTELLIGIBLE) opportunities and the like were given to the private sector in order to facilitate that private sector fundraising, but we have every intention of recognizing prominently, I might add, our public sector partners in the project. Having said all of that, we happily will work over the next-- and I that hope it's not 90 days, and I hope that we can do this within the next few weeks with the City Manager and his staff, toward answering your requests, Commissioner, to come up with some things that you feel comfortable (INAUDIBLE). Commissioner Teele: How are we coming on the first share agreement? Do we have a signed and executed agreement on the work force...? 42 November 15, 2001 Ms. Thompson: Yes, we do. Commissioner Toole: OK. Ms. Thompson: Yes, we do. And it's being implemented as we put our team together. Commissioner Toole: Great. All right, Ms. Director of Community Development, when you come up, I'd like to just make sure that you all are in agreement that we're doing great. All right. 43 November 15, 2001 Chairman Teele: All right. Are there any other matters? Could we go directly to the issues of the public hearing? We've got a lot of people -- we advertised in the morning -- and I'm trying to get them out, What are your public hearing items, Ms. Warren? Community Development. Gwendolyn Warren (Director, Community Development): They're items 11, which is a resolution authorizing -- requesting to authorize the rollover of funds for the Black Archives, And, additionally, to move the designation from economic development to historic preservation so that they can implement their projects. Commissioner Winton. So moved. Commissioner Sanchez: Second, Chairman Teele: All right, This is a public hearing called for the purpose of hearing objections. Are there any persons here that would like to object or comment on this item? This is item number 11. There being a motion and a second. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed say "no." The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1194 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ROLLOVER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY ALLOCATED IN FISCAL YEAR 2000-2001 TO FISCAL YEAR 2001-2002 IN THE ECONOMIC DEVELOPMENT CATEGORY, IN THE AMOUNT OF $120,000, TO THE BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. ("BLACK ARCHIVES") IN THE HISTORIC PRESERVATION CATEGORY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE BLACK ARCHIVES FOR SAID PURPOSE. 44 November 15, 2001 • 0 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 45 November 15, 2001 �T,)oy DEi�EI QFi EFT BLQCI GRANT FUND FRQN AD�;INI RATIS)N C T. 00 , O. h Ql NC FQ FAIR,.H USIN�r AGTIVIT ES r ;, `... Chairman Teele: Item number 12. Gwendolyn Warren (Director, Community Development): Item number 12 is the recommendation -- a resolution recommending the authorization of fifty thousand dollars ($50,000) to Hope -- Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Gort: Second. Ms. Warren: -- to implement our Housing program. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forth at this time. Is there opposition to item number 12? The public hearing is closed. Were you coming forth on opposition or --? The public hearing is closed. A motion and a second. Walter Foeman (City Clerk): We have a motion. Chairman Teele: You have a motion. We have a second? Commissioner Gort: Second. Commissioner Winton: Yes. Chairman Teele: Second by Commissioner Gort. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? 46 November 15, 2001 • The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01-1195 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT OF $50,000 FROM 27TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM THE ADMINISTRATION CATEGORY TO HOPE, INC. FOR FAIR HOUSING ACTIVITIES AS REQUIRED BY FEDERAL REGULATIONS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teale, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT; None. Chairman Teele: Dr. Fields, thank you all for being here very much. 47 November 15, 2001 • Chairman Teele. Where was the other one? The -- Gwendolyn Warren (Director, Community Development): Item 21, which is a request for -- a resolution requesting ratification, by a four-fifths vote, system software for implementation of our HOPWA (Housing Opprotunities for Persons With Aids) Program and Section 8. It's a tracking system that require for eligibility certification. Chairman Teele: Is this a public hearing? Ms. Warren: Yes, sir. Chairman Teele: All right. This is a public hearing. Any person desiring -- Ms. Warren: I'm sorry. I've been told it's not a public hearing. Commissioner Sanchez: It is not a public hearing. Ms. Warren: It's a ratification. Commissioner Sanchez: It's a ratification. So moved, Mr. Chairman. Commissioner Winton: Second. Chairman Teele: Moved and second Item 21. Is there objection? All those in favor say "aye." The Commission (CoIlectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 01-1196 A MOTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND APPROVING THE ACQUISITION OF SOFTWARE AND TRAINING SERVICES FOR THE SETUP AND USE OF HAPPY SOFTWARE, INC., IN AN AMOUNT NOT TO EXCEED $30,755. 48 November 15, 2001 0 Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Chairman Teele: I saw a notice on the old police precinct. Where is that? That's not on here? Ms. Warren: The old police precinct will be on the -- it's not on this agenda. Chairman Teele: Well, the hearing is set on November 15`x', at 9 am, discussion and proposed resolution -- Commissioner Regalado: It was on the Black Archives. Chairman Teele: OK. All right. Ms. Warren: It's the Black Archives. Chairman Teele: I guess that's the other one. OK. Ms. Warren: OK. 49 November 15, 2001 • • Chairman Teele: All right. Other items that are relating to the public that are here. What are our public presen -- public appearances? Al Johnson: Commissioner. Chairman Teele: Yes, sir. Mr. Johnson: Good morning. Al Johnson, Miami Jazz Festival. Commissioner Sanchez: That's S-4, Supplement Agenda. Mr. Johnson: Do we -- Chairman Teele: Before Commissioner Regalado leaves, could we just get -- Al, just stay where you are. Don't we have the Clerk's items that we need to approve? Commissioner Sanchez: Yes. Chairman Teele: So let's get a unanimous -- Commissioner Sanchez: The results of the elections. Commissioner Gonzalez: Items 2, 3 and 4. Chairman Teele: Items Number 2, 3 and 4. Would you move it, Commissioner Regalado? Item 2. Commissioner Regalado: Absolutely, Chairman Teele: Item 2. Commissioner Sanchez: Second. Commissioner Regalado: Item 2, move it. Commissioner Sanchez: Second. Chairman Tecle: Moved. Is there an objection? All those in favor say "aye." The Commission (Collectively); Aye. 50 November 15, 2001 The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 01-1197 A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULT OF THE CITY ' OF MIAMI NONPARTISAN PRIMARY ELECTION HELD ON NOVEMBER 6, 2001, FOR THE ELECTION OF MAYOR AND THREE COMMISSIONERS (DISTRICTS 1, 3, AND 5). Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 51 November 15, 2001 0 Chairman Teele: Item Number 3. Commissioner Regalado: Move, Commissioner Sanchez: So moved, Mr. Chairman, Commissioner Gort: Second. Chairman Teele: Moved by Commissioner Sanchez. Commissioner Regalado: Second. • Chairman Teele: Second by Commissioner Regalado. Is there objection? All in favor say "aye " The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01-1198 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULT OF THE SPECIAL MUNICIPAL ELECTION FOR CHARTER AMENDMENTS NO. 1, 2, 3 AND 4 AND BALLOT QUESTIONS NO. 1 AND 2 HELD ON NOVEMBER 6, 2001. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None, ABSENT: None. 52 November 15, 2001 • �J ACI?`f CITY CL EI2TIFIGAIO I.)E{LARATION° O SALTS F S�CAi MUNICIPAL ELECTI FQR. BON REFREG ,GELD ON T?OVEMBER 13; 20.0I Commissioner Teele: And Item Number 4. Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Regalado: Second. Commissioner TeeIe: And, for the public, these are the certifications of the precinct -- by precinct results of the elections on the previous items relating to the Mayor, Commission, bond items, et cetera. Moved by Commissioner Sanchez. Seconded by Commissioner Regalado. Is there objection? All those in favor say "aye." The Commission (Collectively): "Aye." Commissioner Teele: Those opposed have the same right. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-1199 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULT OF THE SPECIAL MUNICIPAL ELECTION FOR BOND REFERENDUM HELD ON NOVEMBER 13, 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 motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L, Winton NAYS: None ABSENT: None 53 November 15, 2001 i✓R CQi`ISUQ RE x. PQLDRQ VILAREI�iOY CITE` 'A.: ERFQEMAN AS �T L m a �Q ASSIQI MEET , Qu . Chairman Teele: And Item Number -- Commissioner Gort: Six. Chairman Teele: -- 6. Commissioner Sanchez: Well, Mr. Chairman, if we could have Item 6 and 7 deferred for a full Commission. In other words, when the Mayor and the other Commission be here, we could bring it up on the next -- Chairman Teele: Well -- yes. And as Chairman, what I wanted to do is to ask Commissioner Regalado to meet with the Clerk and to report back on this item and to ask Commissioner Sanchez to meet with the Attorney and to report back. And to just have a one on one discussion relating to their performances, their needs, their pay, if any, their fringe benefits, if any -- Commissioner Winton: Their performance, if any, is that what you said? Chairman Teele: Their performance. And asking Commissioner Regalado to meet with the Clerk and to report back, and asking Commissioner Sanchez. And, candidly, this item should not be on this agenda. It should be on the next agenda, because we need the opportunity for Commissioner Gonzalez. Also, I'm going to ask the Sergeant at Arms to ensure that Commissioner Gonzalez gets the opportunity to meet both with the Clerk and the Attorney, prior to the meeting, at a time that's convenient for him. before the report -- and that's not just a courtesy meeting, but to understand their functions, et cetera. All right. So Items -- Commissioner Sanchez: Six and 7 items. Chairman Teele: -- 6 and 7 are deferred to the next meeting. So moved by Commissioner Sanchez. Commissioner Winton: Second. Chairman Teele: Second by Commissioner Regalado. Is there objection? All those in favor say "aye." The Commission (Collectively): Aye. 54 November 15, 2001 • The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 01-1200 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM b (ELECTING AND REAPPOINTING ALEJANDRO VILARELLO AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA) AND ITEM 7 (ELECTING AND REAPPOINTING WALTER J. FOEMAN AS CITY CLERK OF THE CITY OF MIAMI, FLORIDA) UNTIL THE NEXT REGULARLY SCHEDULED COMMISSION MEETING. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT; None. Chairman Teele: All right. 55 November 15, 2001 • • AT CLER Tis ERTI>� I� TIQ,I �' vL' 1�iU1 �A aSAL STNON�TA�? 1 FL IQ � GOMIV IS NPWIST CT Chairman Tecle: We need a vote? OK. We need to record, Commissioner Regalado, a vote on Item Number 5, and that was the certificates of the run-off election. Commissioner Sanchez: So moved. Chairman Tecle: Moved by Commissioner Sanchez. Commissioner Winton: Second. Commissioner Regalado: Second. Chairman Tecle: Second by Commissioner Regalado. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01-1201 A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULT OF THE CITY OF MIAMI GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 13, 2001, FOR THE ELECTION OF MAYOR AND COMMISSIONER DISTRICT 1. Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Tecle, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 56 November 15, 2001 Chairman Teele: All right, We're going to hear from the public. Commissioner Regalado, what time did you all want to come back after lunch? Commissioner Regalado: Fine by me. Commissioner Sanchez: Make it 2 o'clock. Chairman Teele: Two o'clock, Two o'clock. And right before we break -- Commissioner Regalado? Commissioner Regalado: Yes. Chairman Teele: Could you just hold for one minute? Right before you leave and before we break, we've got the people from the ACLU (American Civil Liberties Union). We've had other people here and what I had indicated to them, as a sponsor of the initial legislation, it was my intent -- and I'd like to get everyone to ratify this or to agree to this -- to request that the City Attorney convene a meeting with all of the interested parties, including those persons that have spoken on the item -- and, Mr. Clerk, will you make sure that that's available to the Attorney? Commissioner Regalado: Mr. Chairman, just -- I think that's the right thing to do. However, I have some ideas that I wanted -- and I really have to go. I have to be on the air. Maybe we can discuss this issue in a marginal way in the afternoon, in terms of membership and all that, and hold the public hearing on the next meeting of the City Commission. Chairman Teele: We can do that at 2 o'clock, but what we were hoping to do was, rather than getting anybody from the Commission involved -- because we've got to make the decision. Let's give them the opportunity to make the input to us, as opposed to us giving them the input. In that way it... Commissioner Sanchez: It's a good idea. 57 November 15, 2001 Commissioner Regalado: It's a good idea. Commissioner Sanchez: OK. Chairman Teele: And, so, we would not discuss this this afternoon. What we would do is a resolution instructing the City Attorney, in cooperation with the Manager and the Clerk, to convene a series of Sunshine Law meetings and workshops of all interested parties for the purpose of drafting detailed legislation that represents, one, the Manager's recommendation and, two, a consensus of the community's recommendations, and "C", the Fraternal Order of Police recommendations, if any, and any minority reports. In other words, the City Attorney would meet with everybody. Everybody would have the office of the City Attorney working for you to draft legislation. All of the legislation would come back to us. In other words, if the FOP (Fraternal Order of Police) doesn't agree with what one group is saying, then the City Attorney will draft legislation that codifies what the FOP would like, and the same thing for the Manager. And that everyone would have the opportunity to meet, and that this report would be filed with the Commission in time for the December 13th meeting. Now, Mr. Attorney, is that -- I know that puts a lot on you; I know it puts a lot on the public, but what we want to do is keep this process as open as possible and not shut anybody out, and Bess I know -- I want to congratulate you all. We should start by congratulating each of you for your efforts. This was a real team effort. Is that satisfactory to you all? Ms. Bess McElroy: Yes, sir. Ms. Lida Rodriguez-Tasef£ Yes, sir. Chairman Teele: So... Commissioner Winton: Second the motion. Chairman Teele: There's a motion by Commissioner Gort and a second by Commissioner Winton to instruct the Attorney, working with the Manager and the Clerk, to convene the series of meetings. Is there objection? All those in favor say "aye." The Commission (Collectively): "Aye." Chairman Teele: All opposed? 58 November 15, 2001 The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 01-1202 A MOTION INSTRUCTING THE CITY ATTORNEY, THE CITY MANAGER AND THE CITY CLERK TO CONVENE A SERIES OF SUNSHINE LAW MEETINGS AND WORKSHOPS, INCLUDING ALL INTERESTED PARTIES IN CONNECTION WITH THE CIVILIAN INDEPENDENT REVIEW PANEL, FOR THE PURPOSE OF DRAFTING LEGISLATION THAT REPRESENT (1) THE MANAGER'S RECOMMENDATION, (2) A CONSENSUS OF COMMUNITY RECOMMENDATIONS, AND (3) THE FRATERNAL ORDER OF POLICE RECOMMENDATIONS, AND ANY MINORITY REPORTS; FURTHER DIRECTING THE CITY ATTORNEY AND CITY MANAGER TO SCHEDULE THIS ISSUE ON THE DECEMBER 13, 2001 COMMISSION MEETING. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Joe Sanchez Chairman Arthur E. Tecle, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Tomas Regalado Chairman Teele: Now, we also need to instruct the Manager to work with the Office of Professional Compliance to seek to rationalize the mission of the current OPC (Office of Professional Compliance) panel and to further delineate responsibilities between the OPC and the CIP (Citizens Investigative Panel), including specific recommendations that the Manager may have, and I think that's very important that we do that as we move down the road here, so that we don't get ourselves into a situation -- I think that needs to come from the Manager, though. Is that satisfactory, Mr. Manager? Is that satisfactory to ... Mr. Carlos Gimenez (City Manager): Yes, sir. Chairman Teele: So, could -- would someone move that and ask that... Commissioner Winton: So moved. Commissioner Sanchez: And second, Mr. Chairman. If I may just add. I don't want to rush through this, and I think that this is the -- we're taking the right path. We're doing this -- what I consider that -- at the end of the day, I think that we're going to have communication between all 59 November 15, 2001 sides, and the resolutions presented to us will define the resolution that was passed by this Commission, but I don't want to rush through this because there was a lot of discussion on this item, there is a lot of -- I think that the message was sent out, how to do it correctly. Because, at the end of the day, we want to do it right. We don't want to make any mistakes. So, Chairman Teele, I commend you and I commend everyone who has worked very hard to get this done. So, I think we're taking the right path here to bring it back, where we would be able to pass a legislation that would do the good set out to be done. Thank you. Chairman Teele: All right. Now, we have a motion and a second, and that's a motion relating to the Manager working, watching and monitoring this process and looking at the OPC, and coming back -- now, at the end of that, what we will do, once we agree on an ordinance and agree on something, then we will instruct the Manager to work with us on the budget issue, but there's no need to work on a budget until we know what it is we've got. Is that -- now, I think Commissioner Sanchez and, perhaps, even The Miami Herald have got this right, the thing we've got to do now -- Commissioner Sanchez: Let's do it right. Chairman Teele: -- is do it right, and it's going to take us, realistically, 60 days, after you have public hearings, et cetera, to get this right, and we're just going to need everybody to be engaged in that. Is there anyone who has not been before us before, if you would give your name and address to the Clerk or put it on the record now, it would be a good time. Mr. Jaime A. Perez: Yes. My name is Jaime Perez. I'm the Executive Director of the Spanish American League Against Discrimination, and I'm here to inform you that we would like to participate in the meeting that you're going to have with the City Attorney. OK. Thank you. Chairman Teele: That's excellent. That's excellent. Are there any other persons that would like to... Ms. Lida Rodriguez-Taseff If I may, Commissioners, one of the things we... Chairman Teele: Your name and address for the record. Ms. Rodriguez-Taseff: Lida Rodriguez-Taseff, President, ACLU (Americans Civil Liberties Union), 200 South Biscayne Boulevard. If I may, Commissioners, one of the things we took away from this process was the mandate to involve the entire community. So our staff persons, Sophie Brion, was very busy contacting as many community groups as we had access to, to make sure that they would be part of this meeting and of this process, and we will continue that effort to include as many people as possible and to notify and contact community groups within the City of Miami. Chairman Teele: And I think that's very helpful. Did you want to make -- all right. There are two things that I want to make sure that we underscore here. The FOP (Fraternal Order of Police) and the Police Chief, by virtue of what we've agreed on, need to be engaged in this process, on the front end, and we don't need to have the process move forward and then 60 November 15, 2001 everybody come in after the fact. And, so, I'm appealing, as a Commissioner, appealing to the Chief, through the Manager, to assign somebody to this so that they're engaged in all of the meetings. Let's make sure the meetings are public and in the sunshine. Let's make sure that we notice the meetings to the extent possible, Mr. Attorney, and -- at Ieast the first meeting in the media, and let's make sure we use Net 9, and I would encourage the FOP, as well, to be involved in the process, and I think we can come out of this with something we can all work with. Is this an acceptable process that we're moving down, as far as PULSE (People United to Lead the Struggle for Equality) and the ACLU; Brothers of the Same Mind are concerned? Ms. Bess McElroy: Yes, it is. That has always been one of.. Chairman Teele: Bess, could you just give your name for the record? Ms. McElroy: Bess McElroy, President, PULSE, 150 Northeast 19th Street. We want to thank you for the (INAUDIBLE) of support you're giving to this, and this has always been one of our greatest concerns, is to make sure that this panelist comes in and be set up properly and that it not become a circus. We're very concerned about that. The people have trusted us to go out and vote for this panel, and now we want to make sure that it is put in the right fashion. Thank you. Mr. Anthony Williams: Yes, Commissioners. I'm Anthony William, Political Action Chair for the NAACP (National Association for the Advancement of Colored People), and we'd like to thank the voters of the City of Miami for approving this referendum and we look forward to working with all of you, as well as the Police Department, to make sure that it's implemented in a manner that is appropriate. Address 5455 Northwest 169 Terrace. Chairman Teele: Max, this is the quietest you've ever been. Why don't you at least put your name on the record? You ought to thank the voters, if you will, please. Mr. Max Rameau: Yeah. Max Rameau, 484 Northeast 59th Street. We're very happy that this passed and we're looking forward to moving it along quickly. Chairman Toole: OK. So, I assume we voted on each of those resolutions, Mr. Clerk? Mr. Walter Foeman (City Clerk): Yes, we did. Chairman Teele: And, so, we will hear back on the 13th and the City Attorney will have a series of potential ordinances that we will take up and debate. And we need to agree now on a time that would be convenient. Would you like to do it in the afternoon, like around four or five o'clock? Ms. McElroy: Yes. Ms. Rodriguez-Taseff: Yes. Ms. McElroy: Definitely. 61 November 15, 2001 Mr. Alejandro Vilarello (City Attorney): We've currently scheduled the 27`h at 4:30 as that first meeting. That would give us enough time to get everything done and before the City Commission. If we push it out too much further, we're going to have a tough time with that. Chairman Toole: OK. We've got two things. Your first meeting, you're tentatively suggesting will be November 27th? Mr, Vilarello: Yes. Chairman Teele: That's Tuesday, November 27th at -- what time? Ms. McElroy: Four -thirty. Ms. Rodriguez-Taseff. Four -thirty. Mr. Vilarello: I believe we said 4:30. Chairman Toole: Four -thirty. And where are you going to have it? Mr. Vilarello: We were going to have it at the MRC (Miami Riverside Center) Building because we anticipated a smaller group. Perhaps, we need to reserve space here to accommodate as many people that would like to come. It is our intention, at that meeting, to have prepared the general outline of an ordinance with all issues addressed, with the exception of membership; that we're going to solicit -- it seems that there was much discussion on most of the issues. The membership issues, the large policy decision that needs to be made, and we hope to get input from the various groups with regard to membership, and to have them prior to that meeting, the general outline of the ordinance, with regard to all the other issues. Commissioner Sanchez: Mr. Chairman, I have a question. Have you looked into NACOL, which is the National Association for Civilian Oversight of Law Enforcement? Have you looked into -- done some research on that? Ms. McElroy: Yes. Yes, I have. We have. Commissioner Sanchez: OK. Because they have standards there. Ms. McElroy: Yes. We have. Commissioner Sanchez: OK. Thank you. Chairman Teele: All right. We've agreed that the meeting of December 13th, we will reserve time, let's say, at five o'clock, for at least an hour for discussion on this item, if that's acceptable to everyone? Commissioner Sanchez: December the 131h. 62 November 15, 2001 Chairman Teele: December the 13th. So that we won't hear that. Commissioner Sanchez: Why don't we make it time certain? What time -- afternoon? Ms. Rodriguez-Taseff. Six o'clock. Ms. McElroy: Yes. Ms. Rodriguez-Taseff: Would get you probably more participation. Can we do six? Chairman Teele: Well, 6 o'clock. Commissioner Sanchez: Time certain, 6 o'clock. Chairman Teele: Is there a motion by Commissioner Sanchez. Commissioner Sanchez: So moved. Chairman Teele: Motion by Commissioner Gort. Seconded by Commissioner Sanchez. Commissioner Sanchez: Time certain six. Chairman Teele: For a time certain, 6 p.m., on November the 13th. Ms. Rodriguez-Taseff: No, December sir. Chairman Teele: I'm sorry, December 1P. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? 63 November 15, 2001 • • The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 01-1203 A MOTION INSTRUCTING THE CITY MANAGER TO SCHEDULE A DISCUSSION ITEM IN CONNECTION WITH THE CIVILIAN INDEPENDENT REVIEW PANEL AT 6 P.M. ON THE DECEMBER 13, 2001 COMMISSION MEETING AGENDA Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Joe Sanchez Chairman Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Tomas Regalado Chairman Teele: Could we get a roll call vote on the request of the Manager to coordinate the -- what's the -- the what? Mr. Foeman: OPC. Chairman Teele: The what? Mr. Foeman: OPC, working for... Chairman Teele: The OPC issues that we had previously had a motion and a second on, but the Clerk didn't record a vote. All those in favor say "aye." The Commission (Collectively): "Aye." Chairman Teele: All opposed? 64 November 15, 2001 0 C] The following motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO. 00-1204 A MOTION INSTRUCTING THE CITY MANAGER TO WORK WITH THE OFFICE OF PROFESSIONAL COMPLIANCE (OPC) FOR THE PURPOSE OF CLARIFICATION OF ITS MISSION AND DELINEATION OF RESPONSIBILITIES BETWEEN OPC AND THE NEWLY ESTABLISHED CIVILIAN INDEPENDENT REVIEW PANEL; FURTHER DIRECTING THE MANAGER TO INCLUDE RECOMMENDATION(S). Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Joe Sanchez Chairman Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Tomas Regalado Chairman Teele: OK. Is there anything else, Commissioner Winton, Commissioner Gort, relating to this? The overall vote of approval was what, Mr. Clerk, on the Oversight Board, on the CIP (Citizens Investigative Panel)? Mr. Foeman: What? Commissioner Winton: The percentage of the electorate? Vice Chairman Gort: The vote. The election. The results of the election. Mr. Foeman: Oh. I'll have to look. Just a minute. Chairman Teele: Do you all know what the vote was, percentage? Ms. Rodriguez-Taseff: Seventy-three point something? Chairman Teele: Seventy percent? Ms. McElroy: About 73 percent, I believe. Chairman Teele: OK. So, we have a clear mandate to work closely with you and we intend to do that. 65 November 15, 2001 Ms. Rodriguez-Taseff: Thank you very much. Ms. McElroy: Thank you. Chairman Teele: Thank you. And let me; again, take this opportunity to invite you to the swearing in of the new Mayor, which is Saturday, around 10:30, here somewhere. They're going to let you know the details. Mr. Gimenez: Still working on it. Chairman Teele: Still working on it. OK. Ms. McElroy: OK. Chairman Teele: It's very important, I think, for you all to meet with the new Mayor and to coordinate and brief so that we are all on the same... Ms. McElroy: That's Saturday coming? Chairman Teele: Yes, ma'am. Mr. Foeman: Mr. Chairman... Ms. Rodriguez-Taseff: One last point. I heard the City Attorney talk about the fact that he will circulate drafts prior to our meeting on the 27`x', and we are available to work with you on those drafts, if you need our assistance. In fact, we would like to give you our assistance in those drafts. Mr. Vilarello: Thank you. We'll provide you a draft and then we'll accept all of the assistance that you want to give us. Ms. Rodriguez-Taseff: Thank you. Mr. Foeman: Mr. Chairman, it's 60 point 55 percent. Chairman Teele: Huh? Mr. Foeman: It was 60 point 55 percent voted yes; 39 point 45 against. Chairman Teele: Sixty point... Mr. Foeman: Fifty-five. Chairman Teele: Sixty point five five. Sixty percent. That's overwhelming. 66 November 15, 2001 Ms. Rodriguez-Taseff; No, that's not right. That's not right. I think he's looking at the wrong -- is that the bond issue? Mr. Foeman: No. This is the CIP I'm talking about. Unidentified Speaker: It was 73 something, wasn't it? Mr. Foeman: This is CIP. Chairman Teele: All right. Let's make sure we get -- let's mail out the results to everyone, and I think it would be very helpful if we also had it district by district because it shows where we need to work. 67 November 15, 2001 Chairman Teele: All right. Are there any other persons -- Mr. Johnson, you're a public appearance. Were there any other public appearances scheduled for this morning? We'd like to -- come right on. What item were you, sir? Commissioner Sanchez: S-4. Chairman Teele: S-4? Commissioner Sanchez: Supplementary -- yeah. Chairman Tecle: OK. Go right ahead, Mr. Johnson. Commissioner Sanchez: It's the Jazz Festival at Bayfront Park. Albert Johnson: Albert Johnson, 3370 Poinciana Avenue, City of Miami, with offices at 2699 Bayshore Drive, Miami. Commission, Chairman Teele, the Miami Jazz Festival was established last year as a totally inclusive multi -cultural world class event taking place on Bayfront Park during our most underutilized national holiday, Martin Luther King Holiday. We would like to keep this event as a world class event, and, therefore, to do this under these extraordinary times, given the extraordinary potential of this even to be a signature event, we would like your assistance. The branding of this event is the Miami Jazz Festival. We have an opportunity for the City of Miami to promote itself as a progressive, unified, positive community to the world. We need your support. And we have an opportunity for you to sponsor the Miami Jazz Festival at a title sponsorship of a hundred and fifty thousand dollars ($150,000). That's where we can begin. Commissioner Sanchez: That's where we can begin. Mr. Johnson: We can begin there. Commissioner Sanchez: That's why I like you so much. That's where we could begin. Mr. Johnson: And, Commissioner, you know that I am what I am. We said we'd do this last year and we did it. And, during this year, we have a full sponsorship from Jazz Times. It's taken most festivals 10, 15 years to get that sponsorship. But you saw the wonderful placement -- one- page placement advertising Bayfront Park in downtown Miami in an international piece. Jazz Times is a 75 -year industry piece that begged us for this sponsorship. This is an opportunity for Miami to showcase itself, during the middle of January, as a world class City. This is an opportunity for us to be a chill pill to the entire world. These are extraordinary times and they will require extraordinary vision and creativity, My partners and I have invested a significant 68 November 15, 2001 amount of money in establishing this event as a world class event. We want to keep it rolling. We also would like to keep it jazzy. It's about the future. We want Miami to be all that it can be. We need your help. Thank you. Excuse me. I believe you got a letter from Jay Constantz, whom you've given the job of animating and making Bayfront Park viable. Jay is here today and his letter spoke for itself. He recognized this event as the potential of being a signature event for Miami and Dade County. Chairman Teele: All right. Commissioner Sanchez: Mr. Chairman. Chairman Teele: Jay -- Commissioner Winton. Commissioner Winton: I think that this event's going to occur in January, which is right around the corner, so I think that Al needs some sort of decision as quickly as he can get it. We can't move this decision to, you know, very far out here. So it seems to me that we probably need to instruct Al to meet with the City Manager and get a recommendation back to us in terms of what level of support the City can and should provide, and have this on the agenda at the very next Commission meeting so we can make some sort of decision. Chairman Teele: Motion by Commissioner Winton to instruct the Manager to evaluate it and make a report by the 13th, and place it on the agenda for the 13t1i. Moved. Commissioner Sanchez: Second. But -- Chairman Teele: Jay, Commissioner Sanchez: Jay, I'll yield to you, and then -- Chairman Teele: Jay, we want to hear from you. Jay Constantz: As Mr. Johnson has said, this is the second year for this event. It did extremely well last year in terms of its production values and the crowd, the diversity of the crowd that it brought to Bayfront Park. Bayfront Park last year was committed to work with the promoters of the event to ensure its success. I think we did that. Mr. Johnson had commended the Trust Board on their commitment to work with him again this year. And in keeping with what Commissioner Regalado said earlier this morning, I think we have to focus on ensuring that Miami is the Magic City and we encourage and promote the sort of wonderful events that the Miami Jazz Festival is; that Music Fest Miami is, that filming in the City of Miami would bring, that the Lemans race would bring, all of those things. So whatever the administration can do to help ensure the success of this particular event, I would support. Commissioner Sanchez: Mr. Chairman, if I may. Mr. Johnson, you know that I'm a big supporter of yours, and I think that Bayfront Park has worked very hard to assist you in succeeding, once again, with a jazz festival. We -- once again, the Trust, itself, is helping you raise money through private sponsorship. I think that, you know, people can't depend on 69 November 15, 2001 government to do everything for them. Although the Jazz Festival is a great opportunity for us to showcase, not only Bayfront Park but the City of Miami throughout the world, I think that what we need to do here is also focus on the private sector, to get the administration to help us get also sponsorship. I commend you for coming here and saying, "A hundred fifty thousand dollars ($150,000) is where we start." And I guarantee you that I won't -- you know, I don't think you're going to get three votes here to give you a hundred fifty thousand dollars ($150,000). But we will assist, because I think that it's very important for the arts and culture and the music in our community. One other thing, Mr. City Manager -- if I could just have your attention -- to sit down and maybe work with the private sector. I know that we -- if we really focus on, we could get the private sector to help in sponsoring this event. You know, everyone that comes before us we can't help. I mean, we're going to have other events that'll be coming up. The Orange Bowl will be coming here asking us for funds also, and we've got to commit something to them. We've got to help them to a certain degree. But, you know, once again, I constantly emphasize that we need to look outside of government sometimes to get things done around here. And if we commit ourselves to helping you get a ten thousand dollar ($10,000) sponsorship -- maybe each Commissioner could help with sponsorship -- that will help us. In other words, so we won't have to dig in our pockets here, at the taxpayer's money, and pay for the event. I will work with you, as I stated, a hundred percent, and will help you to accomplish what you want to accomplish. And I will be there because I'm a lover of jazz. But I think that sometimes government cannot do everything, and we have to go outside the private sector to help you out, and I'm committed to do that. And I encourage the administration to sit down and help you with the amount, but I could tell you right now, I cannot support a hundred fifty thousand dollars ($150,000), Mr. Johnson: Commissioner, this town is five economies working together. It is tourism, hospitality, food, beverage, and entertainment. The Miami Jazz Festival amplifies all five at a time when people are going without jobs. We really need everything now. I understand what you're saying. I appreciate your support, but we have to be extremely proactive. We're giving Miami an opportunity to showcase itself to the world. Jazz is an internationally appreciated event. The fact that we did not have a Miami Jazz Festival, I thought was an amazing opportunity to establish a legacy in this town. This is the legacy that is standing next to me. She will inherit my ability to recognize a global opportunity for this City and for my family. Whatever you are willing to do, I appreciate. Commissioner Gort: What's your total -- Commissioner Sanchez: Mr. Chairman. Commissioner Gort: What's your total budget for this? Mr. Johnson: Last year our budget was three hundred thousand dollars ($300,000), and because we had an excellent managing partner, it carne in around 255, two hundred and fifty-five thousand dollars ($255,000). Jay will tell you that events today are being canceled right and left because - 70 November 15, 2001 Commissioner Sanchez: Mr. Chairman. Mr. Johnson, you answered my -- you helped my argument here. There isn't a reason why surrounding businesses in downtown cannot help, in their own way, to help sponsor this event. We're committed. I think the City's committed to helping you, but we need to branch out and seek support from the same businesses that are going to have full rooms, restaurants that are going to be full, and businesses that are going to benefit from it. Because just as you are here asking us for assistance -- and I commend you for it, because you believe in what you're doing and I believe its good for the City -- we will have other entities and other organizations asking us for the same thing. Commissioner Gort: Mr. Chairman. Chairman Teele: Commissioner Gort. Commissioner Gort: Commissioner Sanchez, I agree with you 150 percent, but the thing you need to understand, since September 1 Ph, the disaster that has taken place economically in the City of Miami right now and downtown Miami, some of those merchants have been losing money for the last month and a hall: The hotels and all those individuals there have been losing money. It would be very difficult for them to come up with any type of money. What I'd like to see done is what we did with the Kiwanis Club of Little Havana. We got the sponsorship of government for the first three years, then they became self-contained. I think, somehow here we have to take the initiative. I mean, we really have to help and support this type of event to bring people to downtown Miami, and I believe it will be very important, with the understanding that work with them because -- and try to help them to become self -sustained, just like the Kiwanis Club of Little Havana. Many of the other events, right now, they have become self -sustained. But government has to take the initiative in the beginning of those things. Chairman Teele: All right. It's 12:12. Let's -- I think Commissioner Winton has a motion and we did vote on that motion. I think the challenge that we've got, Commissioner Sanchez, is what Commissioner Regalado has raised. And, I think, somewhere in February, we're going to have to have a budget discussion about the role and the mission of the City. Because, I think, as we come out from under the Oversight Board issue, we really need to return to the core. And, I think Commissioner Winton has got some strong views on this and Commissioner Regalado has expressed his views on this. But it just seems to me that one of the things we've got to look at is how much of the money is City paying the City? Because I don't think the City ought to be in the business of giving cash grants for this. I think we should be working to get the private sector to do that. I'm in agreement with Commissioner Sanchez on that. But I'm very much in agreement that the City should make its resources available. I mean, taxpayers pay for the police, taxpayers pay for solid waste, taxpayers pay for the trash pick up, and I think we ought to restructure our budgets completely to provide for an entertainment or promotion, because what we wind up doing is this phony bookkeeping where we're charging -- and, really, we're charging ourselves -- to do what I think the City ought to redefine its mission to do. So, I mean, there's no -- you know, it's like the Martin Luther King. You know, we wind up every year -- some of these other parades. But, largely, what we're doing is, we're simply saying that the police are going to be paid by us. Well, they're paid by us anyway. And it's sort of a stupid kind of thing we've got ourselves into, that we've got to charge ourselves for good stuff, but for bad stuff, you know -- 71 November 15, 2001 Commissioner Winton: And we're up here trying to waive it all the time anyhow. Chairman Teele: Exactly. So we need -- this would be a good discussion, I think. I think the real issue that I'd like to weigh in on is, I'd like to know how much of the budget are City/Bayfront Trust costs and how much are non-City/Bayfront? Because, again, Bayfront Trust is somewhat like the CRA (Community Redevelopment Agency). They got a big subsidy from the City, too. I mean, in fact, Bayfront Trust subsidy was, you know, upwards of a million dollars ($1,000,000) at one point. I don't know where it is now. I didn't look at it. But you all get a million dollars ($1,000,000) or so for -- from the general fund. And so if we decide we want to -- huh? Commissioner Sanchez: A million eighty. Chairman Teele: A million eighty. So if we decide we want to work on some of this, we also have that right to do, as well. So, I'm very much interested, but I think we've got to define a policy before we just start doing this. We did this with Commissioner Carrie's project, as well, last year. And I'm very much interested in trying to, at least, provide the same level of support. There was one other item -- somebody that -- I mean, about the purchase of -- Mr. Johnson: Thank you, Commissioners. Chairman Teele: That's Item 13? On the motion by Commissioner Sanchez, all those in -- on the motion by Commissioner Winton, all those in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01-1205 A MOTION REFERRING TO THE CITY MANAGER REQUEST FROM AL JOHNSON, PRESIDENT AND CEO OF THE MIAMI JAZZ FESTIVAL, INC., IN CONNECTION WITH THE SECOND ANNUAL MIAMI JAZZ FESTIVAL, PRESENTLY SCHEDULED FOR JANUARY 18-24, 20002, AT BAYFRONT PARK IN MIAMI; FURTHER DIRECTING THE MANAGER TO EVALUATE THE ROLE OF THE CITY, BUDGET OF THE TRUST REGARDING SUCH EVENTS, DEFINITIVE POLICY REGARDING SAME, ETC. AND COME BACK WITH A RECOMMENDATION AT THE DECEMBER 13, 2001 COMMISSION MEETING. 72 November 15, 2001 • • Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado 73 November 15, 2001 2. CTOIt` Q ASSET IANA EIY�E, T A Y A OR�iE TO 0 TI TFORDE MAL"co T�C(71VI'S ISRI?'TO? CI`ASE,OVERT QWN S0'C E, ..� . Chairman Teele: Now, this is a request -- would you just give us your names and address for the record? Jeffrey Allen: Yeah. Commissioner Teele, Attorney Jeffrey Allen, 19 West Flagler Street, Suite 209. This is my client, Glen Malcom. He just wanted to take about two or three minutes to address you guys. He's very eager. This concerns the property in your district, Commissioner. Chairman Teele: Did he get the letter from the Manager? Mr. Allen: I don't know. Did you? You want to -- Glenford Malcom: Yes, I did. Chairman Teelc: OK. The Manager has indicated to us, specifically -- and what we want to do is, we want to keep any discussion about properties strictly above board and at close range. The Manager has said that Mr. Malcom was informed that if the City offers a property for sale, the City must procure two appraisers and there must be an advertisement. The property must be offered for sale no less than 90 days. And, in that accord, under the City Charter, you have to have three bids. A sale cannot be consummated -- well that's probably changed by the new Charter thing. But there is an instruction right now to the Manager from me saying that we should look at selling that building. Did you wanted to just say that you're interested in buying it? Mr. Malcom: Yes. I just wanted to state the interest and the vision. Chairman Teele: Did you want to say anything else? Mr. Malcom: Pretty much, you know -- Commissioner Gort: Name and address. Chairman Teele: Name and address for the record. Mr. Malcom: Glenford Malcom, address 250 Bird Road Suite 202, Coral Gables, Florida, 33134. 1 just want to share pretty much -- my name is Glen Malcom. I'm the president of Infinity Property Management. And just want to share a couple of visions that we would like to take upon in reference to the shopping center. One will be attracting a mix of retail shops and service oriented businesses with the goal of improving the quality of life for the Overtown residents. And, two, create approximately 20 additional full and part-time job opportunities at the shopping center. In stating that with those two visions, the service, the economic growth of Overtown, most importantly, we would like to improve the quality of life in owning that particular property. 74 November 15, 2001 Chairman Teele: Let me advise you this. Your attorney, Mr. Allen, is well-known to us and is very component, and you have an outstanding lawyer. He needs to work closely with our City Attorney and Asset Management. It's strictly going to be on a bid. It's not going to be based initially on the number of jobs or these visions. So, it's going to be a sharpening of your pencil, if we can get it done. And I think you coming forward expressing an interest may give the management some encouragement to look at this. The facility does need a lot of work done on it. It will be sold in an "as -is" condition, I'm sure. And I think one of the concerns we're going to have is to make sure that whoever is the purchasers has the ability to bring it up to -- Mr. Manager -- or did -- Laura Billberry: If I may? Lori Billberry, Director of Asset Management. I know the Commission has directed us to look into selling it, but we would ask that you do pass a formal resolution declaring it surplus, so we can start that process officially. Chairman Teele: Well, what we would do is, we would rely upon you all to bring the paperwork forward. Ms. Billberry: 4K. I will do that. Chairman Teele: I think -- you know, I think one of the things we've got to be real careful with - - is when we start dealing with City assets. Commissioner Sanchez: Yes, sir. Chairman Teele: Everything needs to be done by the books. It needs to be done -- Commissioner Sanchez: In writing. Chairman Teele: -- in writing. You know, I've been waiting, for example, for three months to get an appraisal price from you all on one piece of property. I won't release it until you all give us what a market appraisal is. And everything's got to be in writing, and we don't need to have a lot of informal conversations when we deal with property. Because, trust me, there's going to be enough people criticizing us on any property we sell that we don't need to open ourselves up to criticism. That's why I've been very hesitant about trying to get into this. So, Mr. Manager, any time you'd like to move those -- you know, that asset forward, in writing, you know, the Commission will receive it Carlos Gimenez (City Manager): Yes, sir. We'll move on it right away. Mr. Malcom: Thank you. Commissioner Sanchez: Thank you. Chairman Teele: Thank you. Any other matters? If not, 2 o'clock, Commissioner Winton? 75 November 15, 2001 Commissioner Gonzalez: Two o'clock. Chairman Teele: Thank you. We stand recessed. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:19 P.M. AND RECONVENED AT 2:08 P.M,, WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. 76 November 15, 2001 Chairman Teele. Commissioner Regalado, where we left off, you had the floor. We were still on the blue pages, so let's just get a little order and go through the blue pages. We did schedule a four -minute, five-minute CRA (Community Redevelopment Agency) meeting, you should notice, but it's just an informational thing, and to establish a date for the December meeting. Commissioner Regalado: Mr. Chairman, whatever you want to do. I only have two more items with -- I think it would be three minutes. I can do it. Chairman Teele: Please. If it's three minutes, let's do it. Commissioner Regalado: If it's three minutes, it will be three minutes. Chairman Teele: Mr. Clerk, start the timer. Commissioner Winton: What if it's four? Commissioner Sanchez: (INAUDIBLE) Commissioner Regalado: You have to be compassionate and gracious. Today is the day to be gracious. Commissioner Winton: All right. I'll be quiet. Commissioner Regalado: I have one thing -- I need to speak to the Manager and Public Works about the installation of the signs on Bobby Fuller Way. Remember that we used some of my office budget to pay for the paperwork and all that. Now we need to finalize this. I think that we need to go to the County. We have -- to pay for the signs, physical signs. We have identified some areas in our budget, my office budget, but we need to move right away, because we need to do this in December. It's a very important date for the late Bobby Fuller and the family. So, Mr. Manager, if you please? 77 November 15, 2001 Commissioner Regalado: And the second is to -- a motion to send to the Street Codesignation Committee naming Northwest 3"d Street, between Northwest 8th Avenue and Northwest 12th Avenue -- this is in Commissioner Sanchez' district. This is a person, Jose A. Colmenares, who lived there all his life. He helped a lot of people in Little Havana. He, unfortunately, passed away several years ago. His wife, his widow, is still there. His children. And they have lived and have businesses, Commissioner Sanchez, in Southwest -- Northwest 8th Avenue for more than 30 years. So, with your permission, if I can move this to send it to the Street Codesignation Committee. Commissioner Sanchez: Second. Chairman Teele: Moved and second that the Street Designation Committee get the matter. Is there a discussion or objection? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 01-1206 A MOTION REFERRING TO THE CODESIGNATION REVIEW COMMITTEE: A REQUEST TO CO -DESIGNATE NORTHWEST 3R° STREET, BETWEEN NORTHWEST 8TH AND 12TH AVENUES AS JOSE A. COLMENARES WAY. Upon being seconded by Commissioner Sanchez the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Commissioner Regalado: Three minutes and a half. 78 November 15, 2001 �5STRTCy NAGE 'G ITRE .' T WQRS"DIS T QC Q QURDE A UT ,AR CODESTCNA .IOIV - Se a er # 4Www — — _ ) Commissioner Gort: Mr. Chairman, in following that, if you recall, several months ago -- and I don't know where it was at -- the Lourdes Aguilar, which is the lady that was the head of the League Against Cancer that passed away. I'd like to make sure that that is followed up, also. My understanding, we waived the fee, and I'm sure the County did also. Chairman Teele: What was the name of that one? Commissioner Gort: Lourdes Aguilar Way. Commissioner Teele: Mr. Director, Public Works Director, could you give us some kind of report on that before -- around 5 o'clock? Lourdes Aguilar Way. Not right now, just -- Carlos Gimenez (City Manager): Yes, sir. By 5 o'clock. Chairman Teele: All right. 79 November 15, 2001 9UIT AN N. RATS���Y�` `T`IQN ORAMII$S O BVI �?EU- (a NEW a„ YO � I` - Chairman Teele: All right. More out of the blue pages. District 1? District 2? Commissioner Winton: I have one more issue. We passed a resolution right after September 11 th to -- encouraging private donations, and said that we would match any private donations that came in for the survivors -- the families of the survivors from the terrible tragedy in New York, and we pledged up to matching up to five hundred thousand dollars ($500,000). And the City of Miami has collected money. The firefighters went out. And it seems to me that what we might want to do is combine the efforts that came directly through the Administration with the firefighters efforts, so that we can make that match and provide some real assistance for the folks of New York. But I think that -- to the Commission, I think we need to -- I think the resolution we passed did not specifically anticipate time -- matching up with the money the firefighters were raising. So, I want to make sure that if we do that, that that's acceptable to you all. Commissioner Sanchez: It's my -- Mr. Chairman, it's my understanding that the resolution stated that it was money raised by the residents or by the people of Miami or Dade County, whoever donated the money. If it so be that we could change the resolution to do that, I'll be more than glad. But let me just say one thing that, you know, there is a lot of talk out there of major donations that have been given out that have not gone directly to the victims. And I want to make sure that our money will go directly to the business and not go to administrative fees. And if you've heard around the news, CNN (Cable News Network), and all these news about organizations giving money, that it really not reached the victims. You know, we really need to do whatever we can to make sure that this money goes directly to the hands of the victims, not any organization that's going to later on distribute the money, because that's where the problem's coming in. And, I mean, a lot of people are being criticized, and it's basically turned a good deed -- that a lot of people have worked very hard to raise that money, and they're being criticized by a lot of people. So, you know, I'm not questioning. I think we're going to do what's right and in good faith, but make sure that we give it to the victims. Ed Pidermann: If I may. Ed Pidermann, President of Miami Association of Firefighters. I think that's a great move that you're making, to try and match our -- the contributions that we've collected. We've collected -- I think yesterday's total was nearly three hundred and twenty-five thousand dollars ($325,000). We have another twenty-five thousand dollar ($25,000) commitment from Thrifty Rent a Car. So, the way I'm looking at it, we have about three hundred and fifty -thousand dollars ($350,000). This weekend, we have about 40 or 50 of our firefighters that are going directly to New York. They're going to make the presentation of the check in person. Any type of administrative costs that were involved with the actual collection of the money, any kind of support expenses, were all borne by our union and our benevolent together. The actual cost of getting these guys to New York are being borne by them as individuals. So a hundred percent, they're going to deliver a check, hand to hand, straight to the victims in New York, so there's absolutely no cost. What our plan is, especially if we could get the match from the City, which would be doubling our contribution, is to have some type of 80 November 15, 2001 press conference Friday afternoon, involve the City Administration, City elected officials, involve the members of the Fire Department, the Fire Union, the Fire Benevolent Association, and have a public event where people can see that on the news, have the reassurance that those funds are being delivered directly to the victims in New York. Because the last thing we want them to be worried about is that they may have put -- made some kind of contribution into a firefighter's boot, and they have any doubts that that money is reaching the proper victim. So, if the City would make the gesture of matching the contributions that we've collected, I think that will obviously double the impact that we're going to have by delivering the check in hand this weekend up there in New York City, Commissioner Sanchez: Mr, Chairman, I move to amend the resolution to match, dollar for dollar, what the firefighters raised. Commissioner Winton: Well -- and put all of the money that was raised from the City, wherever it came from, into one pool, whatever that amount is, and match it -- Carlos Gimenez (City Manager): Right. Mr. Chairman -- Commissioner Winton: -- because it's all private donations. Sorry. Mr. Gimenez: Mr. Chairman, we've set aside five hundred thousand dollars ($500,000) as a match. So far, not counting what they've got, it's sixteen thousand. So, if we use that same pot of money and we match them, and then sixteen thousand, then we have enough to cover matching theirs. And you'll have a much bigger impact when you go up to New York. Chairman Tecle: Moved and seconded -- Commissioner Winton: Second. Chairman Teele: -- by Commissioner Winton. Is there a discussion? Objection? All those in favor say "aye." The Commission (Collectively): Aye. Commissioner Teeie: Those opposed? 81 November 15, 2001 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01-1207 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 01-851.1 WHICH AUTHORIZED AND DIRECTED THE CITY MANAGER TO (1) INITIATE PROCEDURES FOR RECEIPT AND DISSEMINATION OF MONIES TO BE COLLECTED TO ASSIST THE VICTIMS OF THE ACTS OF TERRORISM ENACTED AGAINST THE UNITED STATES ON SEPTEMBER 11, 2001, AND (2) ALLOCATE CITY OF MIAMI, FUNDS IN AN AMOUNT UP TO $500,000, BASED UPON A DOLLAR FOR DOLLAR MATCH OF CONTRIBUTIONS COLLECTED FROM THE CITIZENS OF THE CITY OF MIAMI BY THE CITY OF MIAMI, THE CITY'S FIREFIGHTERS (INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO LOCAL 587), AND OTHER PARTICIPATING ORGANIZATIONS. Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny Winton NAYS: None. ABSENT: None. Mr. Pidermann: If I may? We're planning to have the press conference this Friday afternoon at two. Chairman Teele: Is that tomorrow? Mr. Pidermann: Pardon me? Chairman Teele: Is that tomorrow? Mr. Pidermann: Tomorrow, correct. My bad. Tomorrow at 2 o'clock. And what I'd like to do is get back to each of one of your officers with the actual location. I'd like it to be either one of the City fire stations. I thought would be a great backdrop for it, or one of the City facilities. And have a press conference where both the City elected officials and the fire representatives can all be present. And, hopefully, we'll get coverage, and the people will have that reassurance that the money's being delivered straight to the victims in New York. 82 November 15, 2001 • 0 1 Commissioner Regalado: Where is the Haz Mat Team? Mr. Pidermann: Pardon me? Commissioner Regalado: The Haz Mat Team, where is it? The biological? Mr. Pidermann: The Haz Mat Team -- Commissioner Regalado: Yes. Mr. Pidermann: Is at the downtown station. Commissioner Regalado: Then we have to do it there. Mr. Pidermann: We -- I mean, we could do it there. I don't know that -- the physical structure is not the -- I don't know if the logistics of it would -- Commissioner Regalado: So, which is the one that has the most fire trucks? Mr. Pidermann: I was thinking of the one maybe on Beacon Boulevard is the most attractive station. It's got a big drop in the front where the trucks can still get in and out, and we can set the backdrop of the fire station. But if you would allow me to speak with the Fire Chief and kind of coordinate that and then get back to your office and let you know, it will probably be one of the fire stations was my idea. So, some time before the end of today or tomorrow morning I'll give you the information on the location. But you can count on two o'clock tomorrow. Chairman Tecle: All right. And we'll ask you to coordinate with the Chief through the Manager, to let us know, please, today. Further discussion? Mr. Attorney, we need to make sure that the resolution is correct. And we really need to make sure that we get the Manager to just sign that he's in agreement. You know, just a formality. Mr. Gimenez: Yes, sir. As long as it's the same pot of money that was originally allocated. Chairman Teele: The five hundred thousand, right. Mr. Gimenez: Yes, sir. Chairman Teele: Up to the five hundred thousand. 83 November 15, 2001 • Chairman Teele: All right. Additional items, Commissioner Winton? Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. You have one additional -- Chairman Teele: Hold on one moment. Let's go back. Commissioner Winton: Yeah. I have a -- sent a memo to all of you. I'm not going to be here on the December 201h meeting. So I wanted to know if y'all want to -- if we can move that to a different date or whatever y' all want to do. Chairman Teele: Will you be here on the 18th? Commissioner Winton: When am I going? Unidentified Speaker: On the 17tH Commissioner Winton: No. That whole week is when I'm gone. Commissioner Regalado: We'll do it before you leave. Chairman Teele: The meeting -- Commissioner Winton: Yeah. The 131h is -- Commissioner Sanchez: That's a back-to-back. A week back-to-back. Commissioner Winton: Yeah. Commissioner Regalado: We'll do it one -- Commissioner Winton: At one point -- Commissioner Regalado: -- first week and the second week of December. Commissioner Winton: Which is the 13th. We have a meeting on the 13th, right? We have a meeting on the 13th -- Chairman Teele: Well, we could move the -- we're still in back-to-back situations. Commissioner Sanchez: Why don't we do it on the 13th and combine both meetings? Could we combine both meetings on the 13th of December? Let's go ahead and do that. Commissioner Winton: That's fine with me. 84 November 15, 2001 0 Commissioner Sanchez: Motion (INAUDIBLE). Chairman Teele: Well, I'll tell you, you know, we can do that, but -- Commissioner Regalado: We shouldn't do that. I mean, we should do two meetings. I mean, why don't we -- if we can, we can do one on a Tuesday and one on a Thursday on one week. And we get a lot of work done. Chairman Teele: Why not the 11 t" and the 13th? Commissioner Winton: It's fine with me. Chairman Teele: I think the point is that we don't really want to just -- Commissioner Winton: It's fine with Commissioner Gort. Carlos Gimenez (City Manager): You want us to move the agendas from the 13th to the 11th, and then have the 20 -- Chairman Teele: The 20th agenda. Mr. Gimenez: -- agenda on the 13'1'9 Chairman Teele: The 13th Mr. Gimenez: Yes, sir. That's fine with administration. I'm not sure about the City Attorney. Chairman Teele: Mr. Attorney. Alejandro Vilarello (City Attorney): The notice issues of moving the 13t11 to the 11th are troubling. I don't know whether it will create a problem. I'd like to discuss it with staff. If you move the other meeting to the I1th, it's just less time to get prepared for that meeting, but certainly we'll be -- we can move forward with that. Commissioner Winton: Well, y'all figure out those details. Commissioner Sanchez: All right. Commissioner Winton: And we'll be ready for the 11th or 13th then. Commissioner Sanchez: What's the will of the Commission? The 11th and the 131h9 Commissioner Regalado: I'll vote for the 11th and the 13th. Commissioner Sanchez: You move. I'll second. 85 November 15, 2001 Commissioner Regalado: I'll move it. Commissioner Sanchez: Second. Commissioner Teele: It's been moved and second that the meetings of the CRA (Community Redevelopment Agency) -- of the City Commission be held on the 11th and the 13th of December, and the meeting of the 20th being canceled. Is there objection? All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO, 01-1208 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE SECOND COMMISSION MEETING OF THE MONTH OF DECEMBER FROM DECEMBER 20, 2001 TO NOW TAKE PLACE ON DECEMBER 11, 2001. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 86 November 15, 2001 28 AUT 'ORIZF' �1!IANA� TQ PRO . PLACMIINT Q PRQ1V}'OAI} ANRN :LOHT POLES QCI WITHIN CiTY;TQROUGHFARES; Chairman Teele: Commissioner -- Commissioner Winton: I'm sorry. I've got one more. Just a banner issue sponsorship -- a banner sponsorship for Beaux Arts Festival. So moved. Commissioner Sanchez: So moved. Second. Chairman Teele: It's been moved and seconded. Is there objection? All in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. The following motion was introduced by Commissioner Winton, who moved for its adoption: A MOTION AUTHORIZING THE CITY MANAGER TO CO-SPONSOR THE BEAUX ARTS FESTIVAL OF ARTS; FURTHER APPROVING PLACEMENT OF PROMOTIONAL BANNERS ON LIGHT POLES LOCATED WITHIN CITY OF MIAMI THOROUGHFARES. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny Winton NAYS: None. ABSENT: None. Commissioner Winton: Thank you. 87 November 15, 2001 TNITI� j Commissioner Sanchez: Mr. Chairman, thank you. I only have one item. It's a discussion concerning the issue of an additional fire truck -- really, a rescue truck for the Fire Department. Simple reason, we -- the voters of Miami entrusted us with a two hundred and fifty-five million dollar ($255,000,000) bond, which we named the Homeland Defense Neighborhood Improvement Bond issue. If you look at the issue, it was approved by the voters 59 -- 55.9 percent, sending out a clear message. Out of that, the City committed thirty-one million dollars ($31,000,000) going into public safety. In that, there's a commitment for two additional fire stations in the City. Now, if we talk about a top priority now, it's basically safety. I don't think anyone is complaining about waiting in line to get in a plane for an extra 20 minutes or 45 minutes, knowing that they're going to be safe when they get in that plane. What we have here is that we have areas in the City where the average response time is four and a half minutes. In other areas, we have a response time of doubling that, which is almost eight to nine minutes. When we talk about safety and we talk about providing a service, especially fire rescue, we're talking about a second -- not even a minute -- a second makes a difference. So we are looking at -- basically, the money is there in the bonds for the two fire stations. But we lack employees or firefighters rescue to man those fire rescue stations. And we look at the area -- Commissioner Regalado, I want you to pay close attention, because it's our area now that is in high demand. And we have -- you have some areas and I have some that the response time is eight and a half minutes. And I think that what we need to do here is see what we could do to find funding. i think it's half a million dollars ($1,000,000) for the staff to have that rescue station. I think, the money's there. is the Chief anywhere around? is the Chief here? Maurice Kemp: Deputy Chief, Maurice Kemp. Chief Bryson will be here shortly. He was at another engagement. Commissioner Sanchez: Would you say that this is an unacceptable risk that we're taking? Mr. Kemp: I would say that that's an area where we have problems. The Coral Way area is that area that you're speaking about, and that's a substantial area there where we have response time problems. So, yes, there is an increased risk in that area of the City. Commissioner Winton: But isn't there another area up in the northeast? Mr. Kemp: There is another area in the Northeast. Commissioner Winton: Commissioner Teele and -- Mr. Kemp: Right. The Coral Way would be our first priority, and the second one will be the upper northeast area. 88 November 15, 2001 Commissioner Sanchez: So, listen, you know. My point is, if we have -- the taxpayers went out and they supported the bond issue. The funds were there for the two fire stations. What we need to do now is that I would like to see the administration come back with -- huh? (INAUDIBLE COMMENTS) Commissioner Sanchez: Well, for staffing for the rescue truck? I mean, we could put -- whatever it may be. If it's not a fire station right now, whatever, we could put a trailer somewhere or -- Carlos Gimenez (City Manager): We may be in a better position to respond to that at the next Commission meeting, depending on what happens in Tallahassee. At this point, the budget is pretty tight. But if we -- if the Governor does sign the surcharge bill, there may be dollars available to staff an additional rescue. In terms of the money for building the two stations, that will not be available until we actually float some bonds later in the year. Commissioner Sanchez: I understand that. But I wanted to see, at least, a commitment, or have you -- I'll make the motion, if necessary, to have you come back at the next Commission with a report on how, you know, we could do this. Because, at the end of the day -- one of our top priorities here is safety and providing services. And I believe when it comes to fire rescue -- rescue and fire, those are a big necessity for our residents. So, I move that the City Manager, the Administration, bring back at the next Commission meeting a report back on, you know, where the funds could come from so we could have a rescue unit in that area. And, of course, I'm not looking out for my district only, but if there's a problem over in other districts, I think that we need to look at that. Because if we're going to start making anything, we should do it based on priority, and I think top priority right now is to provide our residents that service, which is so needed. So moved. Commissioner Regalado: Second. Chairman Teele: It's been moved and seconded. The motion would instruct the Manager to come back with a plan -- Commissioner Sanchez: With a plan and funding. Chairman Teele: With a plan and funding. Is there objection? Is there a discussion? All in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: Is there opposition? 89 November 15, 2001 • The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 01-1210 A MOTION INSTRUCTING THE CITY MANAGER TO BRING BACK TO THE COMMISSION, AT ITS NEXT COMMISSION MEETING, PRESENTLY SCHEDULED FOR DECEMBER 11, 2001, A RECOMMENDATION AS TO FUNDING SOURCE FOR PROPOSED ADDITIONAL FIRE TRUCK FOR THE FIRE RESCUE DEPARTMENT. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None, Commissioner Sanchez: That is it, Mr. Chairman. Thank you so much. 90 November 15, 2001 Chairman Teele: All right. We have the Office of Technology is to give a briefing. I've got one item. Ms. Lewis, are you available? Why don't we get the technology -- is this ITD (Information Technology Department)? Is this their show? Carlos Gimenez (City Manager): Not aware. I thought it was Parks & Rec. was supposed to do the presentation today. Chairman Teele: Oh, OK. Mr. Gimenez: Under Item 36? Commissioner Gort: It's Parks & Recreation. Mr. Gimenez: It's Parks & Recreation. Chairman Teele: All right. Well, Ms. Lewis, why don't you come up? I would yield to Commissioner Sanchez, and ask permission to take up Item 5-A. Commissioner Sanchez: Commissioner Teele, you're recognized. Chairman Teele: This is at the request of the County. Ms. Lewis, why don't you just explain what it is. Annette Lewis (Executive Director, CRA): The CRA (Community Redevelopment Agency) has a project called the "Ninth Street Pedestrian Mali." And the FEC (Florida East Coast), in order to allow us the use of the right-of-way, has submitted an agreement in the name of the City. And this is just their agreement for the usage of the right-of-way, where it's going to be on an annual basis, and there are some improvements that are required to the tune of two hundred and two thousand, six hundred and ninety. The Department of -- I'm sorry. The Office of Community and Economic Development at the County has offered to pay the entire amount. And once the City has engaged into the agreement and the CRA will pay the maintenance, the annual maintenance, and that's what reporting today. Chairman Teele: All right, I would move the item for purpose of discussion. Commissioner Sanchez: There's a motion. Is there a second? Commissioner Gort: Second. 91 November 15, 2001 Chairman Teele: Mr. Chairman. Commissioner Sanchez: Second, Commissioner Gort. Open for discussion. Chairman Teele: What this does is, the area that is due east of the existing 91h Street Mall that's in the Overtown area or west of the 9"' Street Mall in the Park West area, the County is working with the CRA and the FEC "to upgrade that and to create a crossing. And this agreement facilitates -- it's being done at the request of the County. The County is going to be making more improvements on the 9th Street Mall. And so this is the intent of that activity. Commissioner Sanchez: Any discussion on the item? Hearing none, all in favor say "aye." The Commission (Collectively): Aye. Ms. Lewis: Thank you, sir. Commissioner Sanchez: Anyone opposing, having the same right, say "nay." Passed unanimously. The following resolution was introduced by Chairman Teele, who moved for its adoption: RESOLUTION NO. 01-1211 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA EAST COAST RAILWAY ("FEC"), PROVIDING FOR, AS PART OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY'S ("CRA") NORTHWEST NINTH STREET PEDESTRIAN MALL, AN AT -GRADE PUBLIC PEDESTRIAN CROSSING ACROSS AND OVER THE TRACKS, RIGHT-OF-WAY AND PROEPERTY OF FEC AT MILE POST MP365 + 672', SUBJECT TO THE COSTS OF CONSTRUCTION, USAGE, MAINTENANCE, REPAIR, AND ULTIMATE REMOVAL OF SAID CROSSING TO BE BORNE BY THE CITY, AND FURTHER CONTINGENT UPON (1) THE CITY ENTERING INTO AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("MDC"), PROVIDING THAT MDC DISBURSE FUNDS, IN THE AMOUNT OF $202,690, FOR SAID PURPOSE, AND (2) THE COSTS OF ANNUAL MAINTENANCE TO BE BORNE BY THE CRA. 92 November 15, 2001 • • Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Commissioner Teele: All right. Mr. Chairman, we asked for a -- if I may? Recess the Commission meeting. We noticed a 2 o'clock meeting of the CRA, solely for the purpose of just updating everybody on the Camillus House issue. We've received the opinion from counsel and Mr. Carswell and Mr. Bloom and Ms. Lewis. We're waiting on you, Ms. Lewis. Ms. Lewis: Yes, sir. Commissioner Teele: And, Mr. Carswell, you might -- and the opinion of counsel is what, of course, we -- have you all passed those out? Commissioner Gort: You want a motion to recess the regular meeting? Commissioner Sanchez: Yes. Commissioner Teele: Yes, Commissioner Gort: So moved. Commissioner Sanchez: Motion to recess the regular Commission meeting. There's a second. Commissioner Winton: Second. Second. Commissioner Sanchez: Open for discussion. Hearing none, all in favor say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Anyone opposing, having the same right, say "nay." Passed unanimously. 93 November 15, 2001 • • The following motion was introduced by Commissioner Gort, who moved for its adoption: MOTION NO. 01-1212 A MOTION TO RECESS THE REGULAR PORTION OF TODAY'S AGENDA IN ORDER TO CONVENE THE SPECIAL MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY (CRA). Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny Winton NAYS; None. ABSENT: None. 94 November 15, 2001 t[" .A.TJ'13ORI2E -; E CLl' E A`TI� _ F: T - aka 9,84S.iF'f *F�OQ`IATI D £ ` l IQ, S NE(QTIATE _ 'TSTS FAQE Co�T VLlr �C CIV sa M� s CQNCER�TS VER CURREi�T� SITE GI�.SE O� �E C]1�LI t SE A FUR ; II leATE AD�ZT�QNAL�oPTDC)�,� FRRENT. U eaT �QuT FAN I ..,; 9 . Lai ,, o wlL 7ATIO VfAM} QV,.1.. (g) ANCF� CRA' '` YLED FQIa � 1DA.y NQ 1✓ 1wR 19, 2ofa1 } TC ESD,1 ER =001 E {? Chairman Teele: All right. Mr. Chairman, we asked for a -- if I may recess the Commission meeting. We noticed a 2 o'clock meeting of the CRA (Community Redevelopment Agency), solely for the purpose of just updating everybody on the Camillus House issue. We've received the opinion from counsel. And Mr. Cardwell, and Mr. Bloom and Ms. Lewis -- we're waiting on you, Ms. Lewis. And, Mr. Cardwell, you might -- and the opinion of counsel is what, of course, we -- Have you all passed those out? Board Member Gort: You want a motion to recess the regular meeting? Board Member Sanchez: Yes. Chairman Teele: Yes. Board Member Gort: So moved. Board Member Sanchez: Motion to recess the regular Commission meeting. Vice Chairman Winton: Second. Board Member Sanchez: There's a second. Vice Chairman Winton: Second. Board Member Sanchez: Open for discussion. All in favor say "aye." The Commission (Collectively): Aye, Board Member Sanchez: Anyone opposing, having the same right, say "nay." It passes unanimously. 95 November 15, 2001 C] C] The following motion was introduced by Board Member Gort, who moved for its adoption: MOTION NO. 01-1212 A MOTION TO RECESS THE REGULAR PORTION OF TODAY'S AGENDA IN ORDER TO CONVENE THE SPECIAL MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY (CRA). Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Wifredo Gort Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: None THEREUPON, THE CITY COMMISSION, UNDER AUTHORITY OF SECTION 163.01, FLORIDA STATUTES, AND PART III, CHAPTER 163, FLORIDA STATUTES, CONSTITUTED ITSELF AS THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, IN ORDER TO DEAL WITH THE FOLLOWING ISSUES: Board Member Sanchez: Meeting of the CRA. Chairman Teele: Meeting of the CRA. The CRA essentially is attempting to move forward with the issue of the Camillus House. We have a series of problems, of course. And what we have are a series of negotiations. What we're seeking today is the authority for the City Attorney, the special counsel, and the Executive Director to re -commence negotiations with the Camillus House, and further, to take note of the fact that the legal opinion is what we have said it would be, and that is that the CRA may acquire land for the purpose of the relocation of the Camillus House. I think there is nothing that we can do, other than building of the Omni -- of the Performing Arts Center that is going to continue to take the brakes off of redevelopment in terms of the TIF, the Tax Increment District, than to get the Camillus House relocated. And this Commission and the CRA have, for the last 15 years, fumbled the ball on this, because of a whole lot of issues. And what I'm suggesting is, we need to go ahead -- You know, when there's no election in sight, people have the courage to do the right thing. And a year and a half from now -- Board Member Regalado: Question, Mr. Chairman, just to clarify. Can the CRA go out of the boundaries to buy the land? 96 November 15, 2001 Chairman Teele: Mr. Cardwell, you might want to give your name and address for the record. David Cardwell: David Cardwell with the Cardwell Law Firm in Orlando. The opinion concludes that the CRA may expend monies from the trust fund to acquire property outside of its redevelopment area for the purpose of relocating persons or places from within the area to outside the area. Board Member Regalado: Thank you. Chairman Teele: The other question is, can the CRA eminent domain land outside of the area? Mr. Cardwell: If it's for the purpose of relocation, and if it's authorized by the City Commission and by the County. Chairman Teale: So it would have to be authorized by both the City and the County, an eminent domain. Ms. Lewis -- Board Member Regalado: When you say, Mr. Chairman, "the City and the County," you're talking about both Commissions? Chairman Teele: Both Commissions would have to approve an eminent domain by the CRA. Now, let's be very clear about this. The City can eminent domain, but the City cannot eminent domain for this purpose. Only -- nor can the County. Only a redevelopment authority can eminent domain for a development purpose. And I think there is a subtlety that a lot of us have not really focused on, and that is the CRA powers are broader than municipal powers or County powers, in that the eminent domain and certain actions can take place for the purpose of development. In the case of eminent domain of a municipality, it may only eminent domain for a municipal purpose. But that power can only be granted by those two governmental bodies, under state law. And what we're trying to do is not to anything now but just put everybody on notice, and the only resolution is to instruct the Director and the attorneys to get back to the table, let's negotiate, let's come up with some options and let's, hopefully, have something to bring before this CRA Board and City Commission by the end of December. Vice Chairman Winton: Move the resolution. Board Member Regalado: Second. Board Member Sanchez: Have we identified where any property that we may be looking at or -- Chairman Teele: No, but I will say this: The property that the Camillus House is looking at now would have a negative impact on the Omni Redevelopment District. Board Member Sanchez; OK. Chairman Teele: And I mean -- you know, we've got to be -- we've got to be careful that we're not making one neighborhood better than another neighborhood, et cetera. But I know that the 97 November 15, 2001 Commission or the CRA Board Members have wrestled with this issue of where they seem to be going now. What we're saying now is, we don't necessarily agree with that decision, and we're going to take the'responsibility of finding a better location. Now, any location is going to have to be approved by this board. It's going to have to be approved by the City Manager and the City board, and in probability, if we go to eminent domain, it's going to have to be approved by the County and the County board. So there is a lot to be done. And then we just can't give them a location that they don't agree to. So what this does is says, let's look at -- let's let the Director and the lawyers meet with them, and let's try to agree on something, and let's try to move forward. And that's all that we're doing here today. But we do have the breaking news, as we have an opinion in hand now that says that the CRA has the authority to buy Iand -- to purchase land outside of the boundary. And, obviously, we're implying that we can eminent domain, with the permission of the City Commission and with permission of the County Commission. Board Member Regalado: Mr. Chairman, would it not be prudent to also include today some language in which we're saying we, as CRA Board Members, do not agree with relocating within the Omni Redevelopment Area for Camillus House? Chairman Tecle: The area that they are technically looking at is outside of, but just adjacent to. Board Member Regalado: It's next block to it. Chairman Teele: Yeah. Board Member Sanchez: Couple blocks. Board Member Regalado: I mean, if you want to make a motion subsequent to this, I think it would be all right, but I think we ought to keep this motion clean. And, see, the real concern that I have, folks -- and let's be very clear -- there aren't a lot of areas that are going to say, you can do it in my district. Now, let's -- At the end of this day, you know, that's where we are. And what I'm saying is, I'm going to find an area that, hopefully, we can have unanimity on the Commission. And so that area is probably going to be somewhere that I'm near. Vice Chairman Winton: Well, I think there's no question, it's either going to be in your district or my district. So that's where it's going to be. Board Member Regalado: Well — but, you know, Johnny and Arthur, you can always point people and have the perception that it's going to be in an industrial area, or in an area that is not being chosen as a prime development for arts and culture and entertainment. Chairman Teele: There is no place -- let's don't fool ourselves. There is no place in the City of Miami that somebody and some large group of people are not going to come down here and oppose the Camillus House. Board Member Gort: Sure. Vice Chairman Winton: Absolutely. Absolutely. 98 November 15, 2001 Chairman Teele: And we've talked about putting it in a perfect place next to Jackson Hospital, where it's totally run down. And I mean, we had 500 people down here. This is before I got here. This thing has gone round and round. Board Member Gort: Before we got here. Vice Chairman Winton: And, Commissioner Regalado, I've taken a huge amount of heat. While I'm not in favor of the site that Camillus House has identified, I've been unwilling to tell the public that we're not going to back that site at all, because the fact of the matter is, as Commissioner Teele just said, I don't give a hoot where we put it. There's going to be a big group of people raising holy cane over that location. And I've told everybody: I don't care. We're going to find a place to get the Camillus House rebuilt so that the Camillus House can act as one of the providers at solving the homeless problem, as opposed to the current way they operate their business, which contributes to, as opposed to helping solve. And I'm going to fight that fight. Board Member Regalado: But, Johnny, what I was trying to accomplish is to avoid the ripple effects that whatever you say or anybody here says has in the long-term planning of some companies or some entities in a particular area. If you guarantee that we are not inclined to do this, then -- because this is going to be long -- then you do not put some companies, or entities or agencies in a position that, hey, what about if this happens? So it's for the long-term planning of these people who do want to come to a particular area that we need to do a little pinpointing on this matter. Vice Chairman Winton: Well, I think the risk that we take at beginning any process right now of eliminating sites is going to put us into a position where we might be eliminating sites every other time we turn around, and I'm not sure that we really want to do that. I think that we want to put pressure on the entire community out there and send a loud message that this Commission is going to go solve that problem, and to solve it, we have to make a decision about where it's going to go. And I'm not sure I want to start telling anybody yet that it can't go here or it can't go there. At least, that's my personal view. I'm not -- it just doesn't seem that -- it has a funny ring to me right now. Maybe I'm wrong. It just -- it doesn't feel right. Board Member Gort: Gentlemen, this has been discussed even before I got here. And I think, at one time, you could have purchased that place for five hundred thousand dollars ($500,000). Look where it's at right now. And I agree with Commissioner Regalado. There's major companies that want to build a tall headquarters in here, and they're waiting for that decision -- near that site -- and they're waiting for that decision. And I tell you, if we don't get that company to build their headquarters in there, that's going to be devastating for the City of Miami. Chairman Teele: It's not in this motion, but let's take that up in a separate motion, then. On the motion to instruct the attorneys and the staff to go forward to renegotiate with the Camillus House, and to try to present something in December, all those in favor say "aye." 99 November 15, 2001 The Board Members (Collectively): "Aye." Chairman Teele: All those opposed say "no." The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: SEOPW/CRA RESOLUTION NO, 0 1- 129 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE CRA EXECUTIVE DIRECTOR WITH THE ASSISTANCE OF THE CITY ATTORNEY AND SPECIAL COUNSEL FOR MATTERS RELATING TO THE CAMILLUS HOUSE, TO NEGOTIATE AND UPDATE THE EXISTING AGREEMENT WITH THE CAMILLUS HOUSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Wifredo Gort Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: None Chairman Teele: Now, Commissioner Regalado, if you would like to move that the current site that's contiguous to the Omni is a site that the CRA has concerns about. Board Member Regalado: Well, I would rather not -- Vice Chairman Winton: I'm OK with that. Go. Board Member Regalado: Oh, you do? Because -- I mean -- Board Member Gort: Go ahead. Make the motion. I'll second.. Board Member Regalado: You know, I agree with Chairman Teele in the fact that we need to have a unanimous voice on this issue. But I'm telling you that for long-term planning, I will do that. So I'll move that resolution. Board Member Gort: Second. 100 November 15, 2001 Chairman Teele: Moved and seconded. Is there objection? All those in favor say "aye." The Board Members (Collectively): "Aye." Chairman Teele: All those opposed? The following motion was introduced by Board Member Regalado, who moved for its adoption: SEOPW/CRA MOTION NO. 01-130 A MOTION TO REVIEW COMMUNITY REDEVELOPMENT AGENCY ("CRA") BOARD MEMBERS' CONCERNS OVER CURRENT SITE CHOSEN FOR RELOCATION OF THE CAMILLUS HOUSE AND FURTHER INVESTIGATE ADDITIONAL OPTIONS TO ACQUIRE A DIFFERENT LOCATION OUTSIDE THE OMNI REDEVELOPMENT AREA FOR SAID RELOCATION OF CAMILLUS HOUSE. Upon being seconded by Board Member Gort, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Wifredo Gort Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: None Chairman Teele: One final thing. We've got a meeting set for next Monday. It's not going to be fair to -- First of all, we've got swearing ins next Monday. I would like to propose that we have the next CRA Board meeting on Tuesday, December 1 It . That's -- one of the dates we just set a Commission meeting for. Say -- notice it for 2 o'clock, but it'll come whatever time the Commission meeting ends, if that's all right. Vice Chairman Winton: Yeah, that's the way to do it. Chairman Teele: Yeah. In that way we -- Vice Chairman Winton: That's the way. Chairman Teele: Yeah. So, is there a motion to -- Vice Chairman Winton: So moved. 101 November 15, 2001 Board Member Sanchez: Second. Vice Chairman Winton: So, are we going to not have Monday's meeting? Is that what you just said? Chairman Teele: Not have Monday's -- We've got swearing in, perhaps, on Monday and -- Vice Chairman Winton: Oh, that's right. Yeah. OK. Chairman Teele: And then it's not fair to the -- Vice Chairman Winton: No. I'm happy about this. Thanks. Thrills me. Chairman Teele: Motion that the meeting scheduled for November 19th be cancelled, and the December meeting be set for 2 -- let's say 4 p.m. Are we going to go that long? Are we going to have enough to fill up an agenda? Let's just say 2 p.m. for Tuesday, December the 11 Board Member Gort: Two p.m.? Chairman Teele: Two p.m. Vice Chairman Winton: I don't think this Commission has ever gotten done anywhere close to 5, never mind 2. Chairman Teele: But, see, the City Attorney makes a good point. It's going to be hard to get a full agenda on the 11 t". Alejandro Vilarello (City Attorney): Ms. Bianchino -- I was just mentioning that to Ms. Bianchino right now that it's going to be difficult to move the meeting of the 20`' up to the I I,, because it just gives us that much less time to be prepared. Chairman Teele: Yeah. Mr. Vilarello: So it'll be a short agenda. Vice Chairman Winton: OK. Great. Chairman Teele: So we're tentatively setting it -- I mean, we're setting it for 2 p.m. or as soon as the Commission meeting is over, or when the board would like to take it up. Is that all right? Vice Chairman Winton: So moved. Chairman Teele: Moved by Commissioner Winton -- Board Member Winton. Board Member Regalado: Second. 102 November 15, 2001 Chairman Teele: Seconded by Board Member Regalado. Is there objection? All those in favor, say "aye " The Board Members (Collectively). "Aye." The following motion was introduced by Vice Chairman Winton, who moved for its adoption: SEOPW/CRA MOTION NO, 01-131 OMNI/CRA MOTION NO. 01-33 A MOTION TO CANCEL THE CRA BOARD MEETING CURRENTLY SCHEDULED FOR MONDAY, NOVEMBER 19, 2001 AND RESCHEDULE THE NEXT CRA BOARD MEETING FOR TUESDAY, DECEMBER 11, 2001, BEGINNING AT 2:00 P.M. OR AS SOON AS THE REGULAR CITY COMMISSION MEETING SCHEDULED FOR THIS SAME DATE IS RECESSED. Upon being seconded by Board Member Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Wifredo Gort Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: None Chairman Teele: Are there any other matters, Mr. Bloom, Ms. Lewis, Mr. Cardwell, to come before -- ? Annette Lewis (Executive Director, CRA): I have included the resolution to negotiate and enter an agreement with Solomon Yuken for the purchase of commercial real estate, if you'd care to take it up now. Chairman Teele: No. Let's take that up at a later -- would you make sure that the board members get copies of the appraisals of the various parcels that have been done? And what I would like to do, Commissioner -- Board Member Regalado is sort of the Camillus House liaison, but what I -- Johnny, you've disposed of your conflict, right? Vice Chairman Winton: Yes. 103 November 15, 2001 Chairman Toole: What I'd like to do is ask the staff to meet with you on some of these real estate issues. And I think, you know, you need to be on the ground floor on it. And -- Board Member Regalado: I think that this is a real estate issue, and that Johnny should give us a hand and give us some direction on where we need to go. William Bloom (Special Counsel, CRA): Commissioners, with respect to Camillus House, when the deal previously fell through, we had negotiated a purchase agreement with Camillus House, and we have a lease that's being, negotiated with Camillus House, which would provided for them to stay -- to immediately sell to the CRA the property, based upon an appraised value, stay in possession for a certain period of time, after the closing, to allow them to develop their new facility. So a lot of rolling has already been done with respect to this transfer. Vice Chairman Winton: Good. Great. Chairman Toole: Good. The thing also that needs to be made is that we have in federal legislation five million dollars ($5,000,000), the CRA does, for the Camillus House as an earmark. Congressman Lehman has made calls and Congressman Young is putting it and carrying it -- the former Chairman of the Appropriations Committee. So we're hopeful. You know, the President is saying get the turkeys out, and that's a problem for us right now. But the House bill has got five million dollars ($5,000,000) from Congressman Young for the Camillus House toward their new building. So we're moving forward on that agreement. In a word, we've just got to deal with the Camillus House issue. The price of the Camillus House right now is about rive times what it was six years ago or so. And, you know, the estimates of dirt could be well in excess of two to three million dollars ($3,000,000) just to do this thing. So we're really scrambling now to get it done. ,Are there any other matters to come before the CRA? There being none, the CRA Board meeting is adjourned. And we'll reconvene with -- THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS THE SOUTHEAST OVERTOWNIPARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, ADJOURNED CONSIDERATION OF THE HEREIN ABOVE ISSUE, IN ORDER TO RESUME CONSIDERATION OF REGULAR AGENDA ITEMS. 104 November 15, 2001 Chairman Teele: Mr. Parks Director. Albert Ruder (Director, Parks & Recreation): Can someone turn -- Chairman Teele: I'm just wondering -- Mr. Ruder: We'll be quick. We'll try to be quick. Testing -- OK. Good afternoon. Thank you for the opportunity. I know you're very far behind, so we'll try to do this as quickly as possible. I first wanted to introduce some of the staff that is here with me, because one is only as good as the staff that he has around him. And Terry Griffin is our Assistant Director, our only assistant director. Maria Perez handles our capital projects, our grants, our legislations, and a whole bunch of other things. And Juan Pascual is in charge of our recreation programs, and he also helped us develop this particular presentation. What I tried to do is -- I didn't know which Commissioners would be here, but I -- some of the stuff you should know about. But I just tried to highlight some of the issues that you've raised over the years. After being here 13 years, I think I know a lot of the issues that you have raised, and, hopefully, we can give you an update. First of all, real quick our vision statement: To excel to a nationally recognized park system, the best among the best, providing outstanding recreation services in the state-of-the-art facility, enhancing the quality of life for City of Miami residents and visitors. Then the mission: To provide comprehensive leisure serves as an (INAUDIBLE) an environment for individual growth and development through teaching, discipline, building self-esteem, and providing guidance in the pursuit of excellence. These statements were developed along with our employees, so it was a joint effort. Our general fund budget for this year, which you -- since we just had the budget hearings, I know you're familiar with them. But I thought it might be interesting for you to see how that budget is broken up by divisions. Directors -- recreation and operation are almost even. Those are our two biggest divisions. And then, of course, we have day care, disabilities, and Virginia Key Beach. Since no one; will applaud for us, we'll applaud for ourselves. But -- [AAPLAUSE] Mr. Ruder: This just gives you an idea of our employees; first our full-time employees in green. Recently, in the last budget year, we went to a full-time/temporary employees in operations, which really increased our weekly hours from 32 that they were working to 40. So it gave us more manpower in the maintenance division, which is going to help a lot. Yellow is the part- time year-round. The Recreation Division depends a lot on part-time employees. And, of course, the seasonal. Our main season is the summer, where it mushrooms to 170, approximately, part-time employees. OK. You can't always look at numbers because they tell different pictures. But I know over the years you've asked, "Well, what percentage of our general fund budget?" Well, in this year's budget, we have approximately for operation -- generaI fund I'm talking about -- about three percent. We just wanted to show you a couple of other cities locally that you could -- you're familiar with. Hialeah has, for operations, 10.5, and Coral Gables has 9.6. Of course, some cities, like Coral Gables, have golf courses, which we don't operate ourselves. So that's why the numbers always have to be dissected, but it just gives 105 November 15, 2001 you a rough idea of what we -- for operations. OK. We're always asked about our programs. The first picture is a year-end picnic for all of the participants in our summer program that was recently held at Morningside Park. And the bottom picture is our flag football, which is a citywide activity that is currently taking place. And that particular picture is at Curtis Park. And you can see that we provided more than 2,400,000 recreational opportunities to our residents. This doesn't count all of the other activities. People can just go to parks on their own. These are the supervised activities. Of course, our disabilities program service more than 300 disabled person each week. And we hosted 14 special events for the disabled clients at various facilities, with more than 1,398 participants. Our daycare service has provided services to approximately 220 children at six centers. One of the things that we're working on now is a website. And if you'll log into the City of Miami, you'll see some of it is under construction. But, obviously, this would be another tool to help us promote ourselves, besides Channel 9. And these are just some of the features that the web page will have: A visitor -friendly with easy navigation system, a view of the parks, including its divisions, color -coded Parks & Recreation organizational charts, photo of the parks and their features. And I'm not going to go through all of it, but it just gives you something that we're working on right now. We're always asked about what we do with sponsorships and private contributions. This just gives you an idea of what we did for fiscal year 2001. This shows that it's a lot easier to get money for capital than it is for programs, because corporations, you know, they want to put a plaque and a building, or they want their donation to be visible. And it's not as sexy to give money for programs, but you can see that we brought in over a million dollars ($1,000,000), just through sponsorships and contributions, besides what we had in our general fund. Commissioner Regalado: I have a question. Question. Mr. Ruder: Yes, sir. Commissioner Regalado: If you were to get more private donations for capital improvement, can you use some of your budget for capital improvement in hiring weekend personnel for parks or increasing time? Mr. Ruder; The capital budget is a separate budget from your General Fund budget. So I'm not really sure how the Budget Department would treat that. But there are two separate budgets, operation and capital. So if you reduce the capital, your question is, can we then use it for operations? I'm not really sure. Commissioner Regalado: Well -- because you can -- I mean, you -- of your operation budget -- Mr. Ruder: Right. Commissioner Regalado: -- you buy a lawnmower, right? Mr. Ruder: Well, with our operation budget -- Commissioner Regalado: That is not technical. 106 November 15, 2001 Mr. Ruder: -- we pay our electricity, we buy supplies, we buy -- Commissioner Regalado: That's what I'm saying. Mr. Ruder. Yeah, yeah. Commissioner Regalado: That's what I'm saying. You buy supplies -- Mr. Ruder: Right. Commissioner Regalado: -- or if yon fix (INAUDIBLE) or something like that -- Mr. Ruder: Yeah, yeah. Yeah. Commissioner Regalado: -- that can be moved around. Because, you know -- and one of the things now that we have got the bond issue ••- and, Johnny, this is something that I'm sure that you have already thought about it. But I am a user of Kennedy Park. I come with my son and wife to walk there sometimes. Let me tell you. Every -- see, we want the people to go to the park. We publicize. We announce that we are going to make things that will raise the quality in the park, so that brings people in. When you have a lot of people -- and in Kennedy Park, we have an accident waiting to happen with the parking on weekends. So, my question is, is there any way, that now that we have the bond issue, that we can look at some area to do some parking in Kennedy Park? Chairman Teele: To do some what? Commissioner Regalado: Parking;. Commissioner Winton: Commissioner Regalado, I've been working on that issue, and we have to deal with the County, because I forget what the -- Mr. Ruder; It's a County road, South Bayshore. Commissioner Winton: And a County road and -- Commissioner Regalado: People park in the street. Mr. Ruder: And it's a historic road also. Commissioner Winton: Yeah. So we've been having a battle with the County. Mr. Ruder: Yeah. Commissioner Winton: You know, surprise, surprise. We're having a battle with the County over whether or not we can provide more parking at our park called Kennedy Park. And so, that's a battle that isn't done yet. 107 November 15, 2001 Commissioner Regalado: Well -- because, you see, the -- Unidentified Speaker: It's a mess. Commissioner Regalado: -- problem is not only it's a mess, it's a safety issue. Because we have now the traffic light in Bayshore and 22"d, and that, I think, save lives. I think so. But still, there are people who, you know, they have children and all that, and they are trying to get to their cars and park, and they go around and, you know, sometimes you have the fender benders, but -- and that's OK. But I'm afraid that someday -- and the more things we do, the more people are going to come to the park. That is -- I mean, it's a logical thing. So we need to address that issue. Either around the County or through the County, but whatever, we need to do something about it. Mr. Ruder: OK. All right. So you can see some of the capital donations; Nike, YMCA (Young Men's Christian Association), the United Way kickoff is just a figure that we came up with. It was probably worth about that much money, and the (INAUDIBLE) Ericcson Open contributed 250 in lights and other improvements to Moore Park. And then you could see some of the monies for programs. Again, we're always asked, you know, is the City going after grants aggressively? And you can see, again, that we brought in -- when you add up the 1.7 and the 972, that's over almost three million dollars ($3,000,000) in grants. That's besides whatever we have in our general fund. And those are some of the examples of some of the capital grants and some of the programs -- grants for programs. Commissioner Sanchez: Mr. Park Director. Mr. Ruder: Yeah. Commissioner Sanchez: I have a question for you. You have Nike Inc., and YMCA and United Way that participate in the private sector of the parks. You know, I've always said this up here. Not every child is going to be a football player or a soccer player or a tennis player. And we've discussed your mixing technology with recreation. Why have we delayed so much into putting computers in parks? And if we don't have the funding to do it, why haven't we gone after companies, such as Apple or Dell or HP (Hewlett Packard), to come in and donate computers and put them into parks? Because, hey, not all the kids may be into sports. So they could go to the parks, and there's computers there and they could interact with the -- Mr. Ruder: Yeah. Well, first of all, we've added computers in about six of our parks. We also have partnerships with several organizations that are bringing in computer programs. And there's another listing further on that shows you some of the organizations. For example, Virrick Park in Coconut Grove, the Boys & Girls Club are going to have a partnership with us, and they're bringing computers and teachers to that program. So we've done some directly, where we've taken some of the old City computers and put them in six different parks. We're working putting -- but we've also done partnerships with other organizations that are bringing computers. And Commissioner Teele is knowledgeable about the one at Moore Park, FOCAL (Foundation of Community Assistance & Leadership), which is an example of one that has been brought in. 108 November 15, 2001 Commissioner Sanchez: It goes back to either you grab a hold of technology or technology is going to grab a hold of you. And the more we focus on that and we put it in parks, not only for children -- Mr. Ruder: Yeah, Commissioner Sanchez: -- but community could go in or elderly could go in and use the computers. Mr. Ruder: Yeah. Commissioner Sanchez: I think that's what we need to do in all the parks. Mr. Ruder: There are some companies, like the Microsoft, that they're dealing directly with Boys & Girls Club. But then we partner with the Boys & Girls Club and, in the end, we're the recipient of it. So we're working on both ends. Commissioner Sanchez: Is it your -- as a Director, is it your long-term goal -- Mr. Ruder: Yes. Commissioner Sanchez: -- or short-term goal to have computers -- Mr. Ruder: Yes. Commissioner Sanchez: -- in every City park? Mr. Ruder: Yes. Commissioner Sanchez: Thank you. Mr. Ruder: OK. Chairman Teele: Before you leave, how much longer are you going to take? Because, you know, I think one of the things we've got to be careful about is that the new Commissioner coming in -- this is probably the best place to start as a new Commissioner and a Mayor. And so, that was my concern when we started, not about time. But I really do think this presentation probably needs to be the first one that we hear from in January or something. I think, you know, these things get in cycles and that's not to say that one department is more or less important. But really and truly, the Parks Department is what everybody that is a Commissioner needs to really understand, and Mayor. So I would strongly recommend that we sort of truncate this and schedule this for the first meeting in January to come back. Mr. Ruder: OK. 109 November 15, 2001 Chairman Teele: With the Parks, this briefing -- because I think the new Commissioner coming in, if there's one department he needs to have a good oversight of starting out, is the Parks Department, particularly. The one thing -- where's Commissioner Regalado? Tomas, there's one concern that I have -- and I don't mean to be critical of the Parks Department, but -- is Frank Rollason here? This whole issue of assistant managers is something that I -- at some point, that I'd like to talk about in public. Because the role of the assistant manager, in my mind, really should be coordination. Now -- much more so than controlling departments. And I think, Tomas, with your indulgence, what is happening or not happening at the park there at Hadley Park is really an example of what Commissioner Sanchez asked the question and you didn't get the right answer. This Commission has said, "We want technology in every park." We need, Mr. Attorney, to look at the Code that defines the Parks Department, et cetera. We need to make a Code change. We need to include technology or some component of that as a part of what it is we're looking for the Parks Department to do. We don't need to just rhetoric about it. We need to make it. We need to inculcate it. Secondly, Commissioner Regalado negotiated long and hard to ensure that AT&T (American Telephone & Telegraph) was going to wire all of our parks facilities; is that right? Commissioner Regalado: That's right. Chairman Teele: I did a walk-through in Hadley Park the other day. Guess what? Ain't no provisions for AT&T. Here's a park being built. Now, I don't hold the Parks Department responsible for it. I hold -- I don't hold Public Works responsible for it, although they should be held responsible for it. I hold Technology -- the Office of Technology responsible for that, because they're the ones that we're negotiating with. And they're the ones that should be working with every park and every contract that we've got going on. There is no reason to build a four million dollar ($4,000,000) facility, Madam Budget Director, and then have to retro with all of the overruns that I've caused on that facility. I mean, and then to go in and talk about j having to retrofit it once we get it completed. And that's what I'm talking about. It's not the -- we just need to make sure that everybody's doing their job. Public Work is responsible for the contract. In this case, it's a state contractor. But somewhere along the line, all of the work that the Commission and the Mayor and, in this case, Commissioner Regalado have done, is falling on deaf ears. Now, do we have a plan to get that facility and all these facilities, which is Commissioner Sanchez' question? What is our plan with ITD (Information Technology Department)? Linda Haskins (Director of Budget & Management): That -- I'm not sure if the ACM (Assistant City Manager) in charge of that area is. It would be Robert Nachlinger. Chairman Teele: Why can't that ACM get the heat on this thing? Robert Nachlinger (Assistant City Manager): I'm ready. Chairman Teele: But it's not a criticism. It's really something that we really need to focus on. And I think Commissioner Sanchez really put his finger on the pulse. We need a plan. We need a plan, Joe, to go into every park and to retrofit it, starting with what Commissioner Regalado 110 November 15, 2001 has negotiated AT&T. We're building a park over in Hadley Park. We're about through and there's no provisions for cable. I say, well, where's the cable, you know, channel going to be -- Commissioner Regalado: But let me tell you, if I may, Commissioner Toole and Commissioner Sanchez. The issue about having cable in old parks is not part of this recent negotiation. It was part of the original contract. Chairman Toole: The original contract? Commissioner Regalado: Yes, yes. So we're talking about almost like two years ago, could it be? Chairman Teele: And, you know, this isn't Parks job, as far as I'm concerned; although, they sit in the meetings, just like I do. And it's not Public Works job, but they sit in it, just like we do. Somewhere along the line, between the people doing the technology and the Parks Department and the Public Works, somebody's got to coordinate that. And I think -- you know, I use this as an ACM issue, because we need to have a plan. And they should have DSLs (Digital Subscriber Lines) or whatever those things are. If we're going to really be serious about what Joe Sanchez is talking about, we need to rely upon fast internet kind of capability, and we need to set it up that way. Neyda Glavez: Yeah. Commissioner, Neyda Glavez, Assistant CIO (Chief Information Officer) for ITD. We have been working very closely with Parks over the last several months to bring technology to the different parks. We've installed well over 30 different computers. We're working with Microsoft, symantic, and Bellsouth in the donation of those in-kind services, in the way of licenses and software and services. So we are moving along those lines, Chairman Toole: Well, I think this is something -- Ms, Glavez: And I'll get a status on what's happening with Hadley Park. Chairman Toole: I think this is something, you know, really working with Commissioner Winton. You know, we've got the NAP (Network Area Point) there in his district. We've got Terremark, and they've got access. I mean, there are a lot of corporations willing to make donations. And I think what's really needed, Johnny, is a plan to try to identify what all our needs are, and then to go out here and leverage it. Because there's a lot of things that we can do if we know what our needs are and we go to the right people. I'm looking at a list she's done in terms of just the Technology Committee, and that's coming from the industry. So, there's a lot of resources. Commissioner Winton: Yeah. And, frankly, that's why I, you know, met with Rich Paul-Hus just this past week, specifically, to talk to him about this kind of issue, so that we can -- you know, we're not going to be the experts in this arena. And so, I asked him to pull some names together, because I think it's that committee that can advise us and staff in terms of how we can really coordinate all these efforts, what the real things are that we need to be doing out there. I think they can give us a lot of help. And so, I think that, you know, if we get that committee up 111 November 15, 2001 and running and get some good people like that on it, I think they can advise, both this Commission and staff, and help move some of these things along. Chairman Teele: That's very helpful. Further discussions on the -- could we defer the Parks, and let's make sure that we start out with the new Commissioner -- starting with the Parks Department and bring this forward, and maybe address some of these issues that we're talking about. Because I think, more and more, all of the Commissioners are going to want to see technology laboratories in our parks. And I think if you do a vote, it's going to be five -zero: "Do you want a technology lab in the parks that you represent?" And that's one of the things we really ought to work closely on. All right. And we'll just sort of defer the balance of that. Was there any other point that you wanted to make, though, before we stop this, Mr. Director? Mr. Ruder: I mean, I just -- I wanted to show you the capital, because it's really impressive over the last three fiscal years. Chairman Teele: Then why don't -- Mr. Ruder: I mean, here we have a new bond issue and people are wondering when are we going to spend the money. And you could see what we've done with the money that we have. Commissioner Sanchez: Why don't you go ahead. i Chairman Teele: Why don't you go right ahead with whatever you'd like to make. I i Mr. Ruder: OK. Excuse me. This just shows you over the last three fiscal years how much money has been spent in capital improvements. The red or the orange is basically Safe Neighborhood. And then, the purple is all the other funds. So you can see in the last three fiscal years alone, it's almost twenty million dollars ($20,000,000) that we've spent. And I think that's pretty impressive, because I've been around 13 years and we probably have had more money in the last two years than we had in all the other 11 years combined. So when we have money and we have good plans, you know, people can see the difference. And real quickly, you always ask about Safe Neighborhood because that's the main source of money that we have. Our total allocation started at 21. Through some other additional grant opportunities, we increased it to twenty three, six. Today, we have authority to spend twenty million, two thirty-three out of the total allocation. The remaining balance is three million, three eight four. All this is -- all these are assigned to specific projects. There's probably about fifty thousand left only out of the whole pot that is not assigned to anything. If you look at the bottom corner, we spent about 11.5 million. And when you consider that four and a half million of the 20 million was just appropriated last September, just about a month and a half ago, if you just compare the 11 million to what we've had so far, that's like an expenditure rate of about 75 percent. So, you know, the Safe Neighborhood comes in different series, and this just gives you a breakdown of how the money has come down. And, like I said, there's still 3.384 that is still left to spend, but they're assigned to specific projects. And just to show you real quick what some of the future projects are. Well -- let's show them. This just shows by the number of parks receiving improvements by category. Over the three years, there's been like 22 different buildings and building reno -- there's been new buildings and building renovations in 22 different parks; sports 112 November 15, 2001 lighting and security in 24; pool renovation, water treatment systems in eight. We were the only City in the County that was still using gas chlorine because we didn't have the money to make the conversion, which was a tremendous liability problem. And about two years ago, through Safe Neighborhood, we were able to get these pools converted. We've done new place structures at 46 different parks; fencing at 29; court resurfacing at 24; site furnishings at 42. And the last thing I'll show you is just some of the -- with the money that we have, some of the future projects, just the parks that are involved. Right now, a lot of these projects are under design by Public Works; Curtis Park, Douglas Park, Grapeland Legion, Lemon City. Little River preserve will actually be a land acquisition project, will be a new small park. Lumus Park, Maceo; Domino Park is the plaza that Commissioner Sanchez talked about in the past. Robert King High, Clemente, West End and Marti is a recreation building. Baywood is the seawall at Baywood Park, which is going to be repaired soon. And Margaret Pace Park, which is already underway. And, again, these projects are done in conjunction with Public Works, so I certainly want to give them credit also because we worked together. They have the architects and the engineers and the project manager, so it's a team effort. Do you have any other questions? Commissioner Gort: Thank you, sir. Mr. Ruder: Yeah. Thank you. And I'm glad, Commissioner Gort, you were able to be here for this presentation, because you've really helped us over the years. Chairman Teele: Thank you very much. All right. And we're going to look forward to that recast briefing. And, Mr. Director, when you come back, let's make sure we talk about technology and how we're going to work a plan -- Mr. Ruder: OK. Chairman Teele: -- in all of the five districts to try to get more technology. Mr. Ruder: We'll get together with Technology Department and formulate a plan. Chairman Teele: That'll be great. Commissioner Regalado: When is -- Chairman Teele: Let's give him a hand. Mr. Ruder: Thank you. [APPLAUSE] Commissioner Gort: Great job. Commissioner Regalado: Shenandoah Park. 113 November 15, 2001 Mr. Ruder: Shenandoah Park is almost finished. I've been told by Public Works that there's some issues with the contractor that have to be resolved, but, hopefully, before Christmas of this year. Commissioner Regalado: This year? Mr. Ruder: This year. Commissioner Regalado: OK. Mr. Ruder: If there's any changes, I'll let you know. But that -- if everything goes right, we should be able to open that up before Christmas. Commissioner Gort: What about Hadley Park? What will that be -- Mr. Ruder: Hadley Park is probably going to be in January. Commissioner Sanchez: Thank you. Chairman Teele: Thank you very much. 114 November 15, 2001 NA 0 To R 1� dobb p AND a ,IT FOI W` x AR N TN CI R �'Nl W OF AYOR 'FL . CT Chairman Teele: Now, Mr. Clerk, don't you have a -- where's the Clerk? All right. Don't you have a special presentation? What number is that? Unidentified Speaker: Thirty-seven. Chairman Teele: Thirty-seven. Don't we have -- do we have out of town guests here or consultants here? Commissioner Regalado: Mr. Chairman, can I do a pocket item? Commissioner Teele: Yes. Commissioner Regalado: While they -- Commissioner Teele: If you're not going to leave. Commissioner Regalado: Huh? Commissioner Teele: We have a long way to go. Commissioner Regalado: No, no, Commissioner Teele: Just read it into the record. Commissioner Regalado: Pocket item. Motion of the City Commission authorizing the City Manager to receive goods and services on behalf of the City of Miami for the swearing in ceremony of the Mayor Manny Diaz, and directing that a resolution be prepared for the City Commission to approve acceptance of such goods and services in the next Commission meeting. What this does is -- Chairman Tecle: Moved. Is it moved? Commissioner Gort: Second. Commissioner Teele: Second by Commissioner Gort. Discussion? Commissioner Regalado: Discussion is what this does is that we -- Mayor Diaz wants to have the swearing in ceremony outside in the parking lot this Saturday. And we need to move some chairs and, probably, there will be some donations. So the City -- the Manager will accept this. And then he wants to be on the record on how much exactly those donations were. So, the next Commission meeting, we'll have the exact number. So, if you -- it's been moved -- Commissioner Sanchez: And second. 115 November 15, 2001 Commissioner Regalado: --and second. Commissioner Teele: Further discussion? All those in favor say "aye." The Commission (Collectively): Aye. Commissioner Teele: All opposed? The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 01-1213 A MOTION AUTHORIZING THE CITY MANAGER TO RECEIVE GOODS AND SERVICES ON BEHALF OF THE CITY OF MIAMI FOR THE SWEARING-IN CEREMONY OF MAYOR -ELECT MANNY DIAZ AND FURTHER DIRECTING THAT A RESOLUTION BE PREPARED FOR THE CITY COMMISSION TO APPROVE ACCEPTANCE OF SUCH GOODS AND SERVICES AT THE NEXT COMMISSION MEETING. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Commissioner Teele: All right. Mr. Clerk, how long are you going to require? Walter Foeman (City Clerk): About 25 minutes, sir. Commissioner Teele: All right. Let's make it 20. And this is a very important presentation, and you and your staff and all of the consultants are to be commended. Mr. Foeman: Mr. Chairman, if you could just give us a couple of minutes, please? Commissioner Teele: All right. Well, why don't we take up some other Commission items. We've got a whole lot to do here. So, we left off at number -- Commissioner Sanchez: Seven. 116 November 15, 2001 • • Commissioner Teele: Number 8 is a sole source procurement of Supra Products lockboxes. Commissioner Sanchez: So moved. Commissioner Teele: Moved by Commissioner Sanchez. Seconded by Commissioner Gort. Is there an objection? All those in favor say "aye." The Commission (Collectively): Aye. Commissioner Teele: All opposed? The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01-1214 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5 T"') AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF SUPRA MAX LOCKBOXES FOR THE ELEVATOR SECTION OF THE BUILDING DEPARTMENT FROM SUPRA PRODUCTS, INC., SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED $10,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO, 421001.560302.719, Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny Winton NAYS: None. ABSENT: None. 118 November 15, 2001 Chairman Teele: Is that -- that's 10 -- that's five votes "yes." 119 November 15, 2001 . S; T,�l%ONl11SSMENRUOI (AC? TjQHWA .A ROV ..£ ANT fi Chairman Teele: Item Number 9. A resolution on the Preliminary Assessment Roll for the Downtown Highway Improvement, Phase 11, bids "A," "B," (INAUDIBLE) 45 and 21. Is there a motion? Commissioner Gort: Move it. Commissioner Teale: Motion by Commissioner Gort. Commissioner Winton: Second. Commissioner Teele: By Commissioner Winton. Commissioner Winton: Could somebody explain what this is? I didn't get it. Dena Bianchino (Assistant City Manager): Can we get the proper staff out here and -- Commissioner Teele: It was -- Commissioner Sanchez: OK. Commissioner Teele: The bonds -- this was completed in '93. Commissioner Sanchez: We'll skip that. We'll move -- we'll come back to nine. Let's go to 10. Commissioner Teele: Well, ten is the same thing. Commissioner ,Sanchez: Same thing. Eleven? Commissioner Teele: Eleven, we've done. Twelve, we've done. Thirteen, we've done. Fourteen. Fifteen. 120 November 15, 2001 0 • 16 Nn�arr� }_r�Nc,M�vn ga N( Q� `4nTsirI[i� %Y ��.�i��-774 44� �S�.tgY ri$°�47�AR/�'',1+r1.'�(,I'.fi�?� �� �'. �« � 4✓ ' 1.t ` Q W&� Chairman Teele: Fifteen is an amendment of the City Code to define the establishment of Extensive Research Fee. Commissioner Winton: Move it. Commissioner Teele: Moved by Commissioner Winton. Seconded by -- Commissioner Gort: Second. Commissioner Tecle: Commissioner Gort, And this basically -- Commissioner Winton: Second reading. Commissioner Sanchez: It's a City Clerk item. Commissioner Teele: A City Clerk item regarding duplication and extraordinary time. Is there objection? Commissioner Sanchez: None. Commissioner Winton: It's an ordianance. Commissioner Teele: Is this an ordinance? Commissioner Sanchez: This is second reading ordinance. Commissioner Gort: Second reading. Walter Foeman (City Cleric): Second reading. Commissioner Teele: Madam Clerk, call the roll. 121 November 15, 2001 r�L An Ordinance Entitled -- 0 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE III, DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, OFFICERS, CITY CLERK," TO DEFINE AND ESTABLISH AN "EXTENSIVE RESEARCH FEE" TO BE CHARGED IN CONNECTION WITH EXTENSIVENOLUMINOUS PUBLIC RECORDS REQUESTS IN ACCORDANCE WITH §119.07 FLA. 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, Was passed on its first reading, by title at the meeting of September 25, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12154 The ordinance was read into the public record by the City Attorney. 122 November 15, 2001 • • Chairman Teele: And Number 16 is the same -- is a grant. Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Winton: Second, Alejandro Vilarello (City Attorney): Mr. Chairman, that caption has been modified and it's not ready yet. If we could -- Commissioner Teele: On 16? Mr. Vilarello: On 16. Commissioner Sanchez: OK, Commissioner Teele: All right. Mr. Vilarello: Moving to 17. Commissioner Teele: We'll defer. Commissioner Sanchez: Defer it to the next Commission meeting. Commissioner Teele: Seventeen is an ordinance relating to -- Commissioner Winton: Move it. Commissioner Teele: -- Miami Building Code. Moved by Commissioner Winton. Commissioner Gort: Second. Commissioner Teele: Second by Commissioner Gort. Commissioner Teele: Would you read the ordinance? Madam Clerk. Commissioner Gort: Roll call. 123 November 15, 2001 • An Ordinance Entitled -- 0 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED `BUILDINGS/IN GENERAL", TO REPEAL AND REPLACE THE "SOUTH FLORIDA BUILDING CODE" AND THE "SOUTH FLORIDA BUILDING CODE, DADE COUNTY EDITION" ("S.F.B.C."), WITH THE "FLORIDA BUILDING CODE" AND CHAPTER 8 OF THE CODE OF ORDINANCES OF THE MIAMI-DADE COUNTY, FLORIDA ("CHAPTER 8 OF THE COUNTY CODE"); HAVING ALL REFERENCES TO THE S.F.B.C. REFERRED TO AS THE "FLORIDA BUILDING CODE" AND "CHAPTER 8 OF THE COUNTY CODE"; MORE PARTICULARLY BY AMENDING SECTIONS 10-3 AND 10-4 OF THE CITY CODE; 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 September 25, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12155 The ordinance was read into the public record by the City Attorney, Commissioner Teele: You ready, Mr. Clerk? Just let me know when you're ready, Mr. Clerk. 124 November 15, 2001 SIRan oP aE�N�o Al'>zo>'or� uvlvEn RA' S _F .GA' VZ .'ABS tP l 'LIZ Commissioner Teele: Next Item is 19? Commissioner Winton: No, 18. Commissioner Teele: Eighteen. Commissioner Winton: Move it. Commissioner Sanchez: Second. Commissioner Teele: Ordinance relating to a grant accepting a grant, moved and seconded. Mr. Attorney, would you read the -- Madam Clerk. i 125 November 15, 2001 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING AMENDING ORDINANCE NO. 12128, AS AMENDED, THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENTS PROJECTS ORDINANCE, TO INCREASE APPROPRIATIONS FOR CAPITAL IMPROVEMENTS PROJECT NO, 331312, ENTITLED "LEGION PARK IMPROVEMENTS" IN THE AMOUNT OF $90,000 RECEIVED AS A RESULT OF A GRANT AWARD FROM THE FLORIDA INLAND NAVIGATION DISTRICT (FIND), IN THE AMOUNT OF $90,000, FOR THE IMPLEMENTATION OF SHORELINE STABILIZATION; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado The ordinance was read into the public record by the City Attorney. 126 November 15, 2001 0 Chairman Teele: Next ordinance. Commissioner Winton: Move it. Commissioner Gort: Second. Commissioner Winton: Oh, no. Commissioner Sanchez: That's 19. 0 Commissioner Winton: We're deferring this. We don't have -- this is 19 on Seminole Boat Ramp. We need to defer this because Off -Street Parking, Art Noriega isn't here. Chairman Teele: Motion to defer to the next meeting by Commissioner Winton. Commissioner Sanchez: It's been deferred three times already. Commissioner Winton: Yeah. Commissioner Gort: Second, Alejandro Vilarello (City Attorney): To the 11th or the 13th9 Chairman Teele: To the 11th. Moved by Commissioner Winton. Seconded by Commissioner Sanchez. Is there objection? All in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed say "no." The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01-1215 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 19 (PROPOSED FIRST READING OF ORDINANCE TO AMEND CODE SECTION 35-193 TO ESTABLISH PARKING RATES AT BOAT TRAILER PARKING LOT AT SEMINOLE BOAT RAMP ON S.W. 27 AVENUE AND SOUTH BAYSHORE DRIVE IN COCONUT GROVE) TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR DECEMBER 11, 2001. 127 November 15, 2001 C7 171 Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado 128 November 15, 2001 40. �� oRZ 1ANAx7�R To E4�UT REGABLE,ICE�ISE AGREB1VlEi�T yVITM WORKING .TENNxS SCQOI,, (LICENSE) QIP ;T WRQ _ TNNS CQ T 11T DQL G AS �' :K, I.oCXT9D A 27S' 5'D Y Wl 37 AUE , V I' LI�rArNG $5 Q0 .SER: xaR 0.9.7.�?wp i h "La 2t Chairman Teele: Resolution number 20, revocable license agreement with Tom Worring. Commissioner Gort: Move it. Commissioner Winton: Moved for discussion. Chairman Teele: Moved by Commissioner Gort. Second by Commissioner Winton for discussion. Commissioner Sanchez: Discussion. Commissioner Winton: I just wanted to understand what it is. Laura Billberry: Lori Billberry, Asset Management. Basically, right now, this is a way of trying to get lessons at the park. Right now, people can basically go on there and use it for free. So this gentleman has made arrangements to use it and pay for it at five dollars ($5) per court hour. In addition, he's going to donate an hour a week for 20 kids to give lessons. Chairman Teele: What time is he going to be giving the lessons? Albert Ruder (Director, Parks & Recreation): Well, the lessons are going to be arranged between the Parks Department and him. And he uses it during dead time, when kids are in school, so the courts aren't being used. So it's just a way to bring a little bit of revenue -- Commissioner Winton: Right. Mr. Ruder: -- and at the same time, allow some underprivileged kids to be exposed to tennis. Commissioner Winton: Great. Chairman Teele: Further discussion? Commissioner Sanchez: Discussion. There's only three courts there, and he's going to have two courts. Now, I could support this, but I want to make sure that he doesn't tie up the two courts so when people that want to go and use the courts are going to have to stand in line to use those courts when he's teaching. I think it's a good idea because they're moving in the right direction, but I'm very concerned and I want to make sure that he's using it at hours that there's nobody there, because you're going to start getting complaints. And whoever the Commissioner is for that district is going to start getting complaints when people go to play at the park and they say, 129 November 15, 2001 you know, "There's a gentleman there teaching kids in two courts, and then I can't play tennis anymore." Mr, Ruder: No. We understand. We'll be monitoring that. And again, he's doing it during dead -- either in the mornings, when it's not being used, or in the early afternoons when the kick are still in school. But we'll be monitoring the situation. Commissioner Winton: Plus, it's only on a month-to-month basis, right? Mr, Ruder: Yeah. It's revocable at anytime, yeah. Commissioner Winton: So, if we have a problem, we can get him out. Mr. Ruder: Yeah. Commissioner Sanchez: Now, Mr. Parks Director, can I just ask you -- Shenandoah Park, which, once again, it's outside of my district. It's Regalado's district. But that is a park that's utilized a lot for tennis. Mr. Ruder: Yes. Commissioner Sanchez: I will not encourage Parks & Recreation doing it at that park. Mr. Ruder: No. We couldn't do it at that park -- Commissioner Sanchez: OK. Mr. Ruder: -- because of the use. It gets a lot more use. Commissioner Sanchez: Thank you. Chairman Teele: All right. Further discussion? All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed say "no." 130 November 15, 2001 The following resolution was introduced by Commissioner Gort, who moved for its adoption: RESOLUTION NO. 01 - 1215 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH TOM WORRING TENNIS SCHOOL ("LICENSEE") FOR THE USE OF TWO TENNIS COURTS AT DOUGLAS PARK, LOCATED AT 2755 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA, WITH LICENSEE PAYING A FEE OF $5.00 PER HOUR PER COURT TO THE CITY OF MIAMI, PLUS FLORIDA STATE USE TAX, IF APPLICABLE, WITH ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado 131 November 15, 2001 • Chairman Teele: Let's try to go through this very quickly, and then come to this other item. Item 21 is the software. Commissioner Sanchez: So moved. Commissioner Winton: We've already done it. Chairman Teele: Ratification. We did not do it. Moved by Commissioner Sanchez. Seconded by Commissioner Winton. This is 21. All those in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01-1217 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5 THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND APPROVING THE ACQUISITION OF SOFTWARE AND TRAINING SERVICES FOR THE SETUP AND USE OF HAPPY SOFTWARE FROM HAPPY SOFTWARE, INC., IN AN AMOUNT NOT TO EXCEED $30,755; ALLOCATING FUNDS FROM THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM. Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Winton: That's the second time we've passed this. Commissioner Sanchez: So, we passed it twice. It's a good resolution. 132 November 15, 2001 Chairman TeeIe, There are four people voting, Madam Clerk. 133 November 15, 2001 • Chairman Teele: Number 22 requires four votes. Motion? Commissioner Winton: Yes, moved. Commissioner Gort: Second. • Chairman Teele. Moved by Commissioner Winton. Seconded by Commissioner Gort. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. Four persons are voting. Five persons with Commissioner Regalado now. The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1218 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5T111) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF REPAIR SERVICES FOR TWO MARINE FORKLIFT TRUCKS AT MARINE STADIUM MARINA FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES FROM VARIOUS VENDORS, IN AN AMOUNT NOT TO EXCEED $20,000; ALLOCATING FUNDS FROM THE MARINE STADIUM MARINA OPERATING BUDGET, ACCOUNT CODE NO. 402003.350508.340. 134 November 15, 2001 0 • Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 135 November 15, 2001 1-1 Chairman Teele: Item 23, resolution ratifying the finding to purchase dock gangway for the marina. Commissioner Winton: So moved. Commissioner Gort: Second. Chairman Teele: Moved by Commissioner Winton. Seconded by Commissioner Gort. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed say "no." Five persons are voting "yes," Madam Clerk. The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1219 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF TEN ALUMINUM DOCK GANGWAYS FOR THE MARINE STADIUM MARINA FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES FROM REDD TEAM MANUFACTURING, INC., IN AN AMOUNT NOT TO EXCEED $17,001; ALLOCATING FUNDS FROM THE MARINE STADIUM MARINA FY 2001 OPERATING BUDGET, ACCOUNT CODE NOS. 402003.350508.340 IN THE AMOUNT OF $10,000, 402003.350508.670 IN THE AMOUNT OF $5,001, AND 402003.350508.840, IN THE AMOUNT OF $2,000. 136 November 15, 2001 Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 137 November 15, 2001 ND gN F RAS. EET VICLES `0 AEPART NTEI� SVCS 1VIINIS'1ZAION R FLE TE YI OF CANT CTS'() OI $CT 1-lopC Chairman Teele: Item 24 is a resolution -- Commissioner Winton: Move it. Commissioner Sanchez: No, I want the -- can someone explain this to me? Commissioner Winton: Exactly. Commissioner Sanchez: What are we amending resolution? Commissioner Winton: That's the same -- that's exactly what I wanted to know. What is -- what are we really -- I didn't get the amendment here. Commissioner Sanchez: I couldn't understand this one. Chairman Teele: We're extending for one year. Go ahead, Mr. Clerk -- Mr. Director. I apologize. Alex Martinez: Alex Martinez, Acting Director of GSA (General Services Administration). They're actually rolling over last year's resolution so we can -- Ford Motor Company allowed us to buy the last year's model -- this year's model for the same price that we paid. So we're rolling it over into this year, buying the police pursuit vehicles. Commissioner Sanchez: Is it in the best interest of the City of Miami? Mr. Martinez: Yes, sir. Commissioner Sanchez: Thank you. So moved, Mr. Chairman. Chairman Teele: Moved by Commissioner Sanchez. Commissioner Winton: Second. Chairman Teele: Seconded by Commissioner Winton. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. 138 November 15, 2001 • • The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO, 01-1220 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-1098, ADOPTED DECEMBER 14, 2000, FOR THE PROCUREMENT OF POLICE AND GENERAL FLEET VEHICLES FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION TO REFLECT THE TERM OF THE CONTRACT AND TO CORRECT THE FUNDING SOURCE. Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 139 November 15, 2001 • Chairman Teele: Item 25. Commissioner Winton: So moved. Chairman Teele: Moved by Commissioner Winton. Seconded -- Commissioner Sanchez: Second. • Chairman Teele: -- by Commissioner Sanchez. We don't do enough computer training, starting with me. Commissioner Winton: What's a computer? Chairman Teele: Now, this is very important. We really need to do more training of our staff. Commissioner Sanchez: No wonder you don't respond to my emails. Commissioner Winton: Chuck Raven called me one day and says, "Johnny, do you read your emails?" I said, "No." He said, "What do you mean "no?"" I said I don't read my emails. So the story that he was chasing there, I couldn't help him with at all, because not only do I not read yours, I don't read anybody else's. In fact, you can go in there and you can't even find my computer in the slot. Chairman Teele: Well, but we need to do better, Johnny, you and I. Commissioner Winton: We certainly do. Chairman Teele: Maybe you ought to have a remedial class for -- private class. OK. On Item Number 25, all those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? 140 November 15, 2001 • The following resolution was introduced by Commissioner Winton, who moved for its adoption: RES OLUTION NO. 01-1221 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5Tris) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY AND AUTHORIZING AN INCREASE IN THE CONTRACT WITH EXECUTRAIN FOR THE ACQUISITION OF COMPUTER SOFTWARE TRAINING FOR THE DEPARTMENT OF HUMAN RESOURCES, IN AN AMOUNT NOT TO EXCEED $9,985, FROM $135,000 TO $144,985; ALLOCATING FUNDS FROM HUMAN RESOURCES ACCOUNT CODE NO. 001000.2 70101.6.410. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 141 November 15, 2001 .7 Chairman Teele: Item 26 -- Commissioner Winton: Move it. Chairman Teele: -- ratifying the Manager's self -storage. Commissioner Sanchez: Second. • Chairman Teele: Moved and seconded. Is there opposition? All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed say "no." The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1222 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (415TH') AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING HE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING A PURCHASE ORDER FOR TH ACQUISITION OF A FACILITY FOR THE STORAGE OF RECORDS AND MISCELLANEOUS ITEMS FOR THE DEPARTMENT OF POLICE FROM PUBLIC STORAGE, IN AN AMOUNT NOT TO EXCEED $3,500; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.610. 142 November 15, 2001 • • Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Chairman Teele: Five persons voting "yes." 143 November 15, 2001 • 0 Chairman Teele: Item 27. Commissioner Winton: Move it. Commissioner Gort: Blacksmith. Move it. Chairman Teele: Moved by Commissioner Winton. Commissioner Gort. Second. Chairman Teele: Seconded by Commissioner Gort, relating to the Blacksmith to procure services. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed say "no." The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1223 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5T"') AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING A PURCHASE ORDER FOR THE ACQUISITION OF BLACKSMITH FARRIER SERVICES FOR THE DEPARTMENT OF POLICE FROM TODD MONAHAN, INC., IN AN AMOUNT NOT TO EXCEED $4,500.00; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET. 144 November 15, 2001 0 0 Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Chairman Teele: Five persons voting "yes." 145 November 15, 2001 Chairman Teele: Item 28. Commissioner Gort: Move it. Commissioner Winton: Second. Chairman Teelc: Moved and seconded. Is there objection? Is there discussion? All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed say "no." The following resolution was introduced by Commissioner Gort, who moved for its adoption: RESOLUTION NO. 01-1224 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS ) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING A PURCHASE ORDER FOR THE ACQUISITION OF ARMORED CAR SERVICES FOR THE DEPARTMENT OF POLICE FROM DUNBAR ARMED, INC., IN AN AMOUNT NOT TO EXCEED $4,500; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270. Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 146 November 15, 2001 Chairman Teele: Five persons voting "yes." 147 November 15, 2001 49�X AN NFIP�M `'MALA ' SEDC (� EIV�Y ANS. W- M, -FAS A _ 9 A' � �' a S YID E� O brr MW vY ��2vN�T�$.�� z 0ID P s BONS PRs a: 3 Chairman Teele: On Item 29. Commissioner Winton: Move it. Chairman Teele: Motion by Commissioner Winton. Commissioner Sanchez: Second. Chairman Teele: Seconded by Commissioner Sanchez. This will move more Neighborhood Parks Bond money forward. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All those oppose say "no." The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1225 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (415 THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND AWARDING A CONTRACT TO BENNETT ELECTRIC SERVICE COMPANY, INC. FOR THE PROJECT ENTITLED "BRYAN PARK TENNIS COURTS LIGHTING PROJECT, B-6375", CAPITAL IMPROVEMENT PROJECT NO. 333109, IN THE AMOUNT OF $35,495.43; ALLOCATING FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT AND SAFE NEIGHBORHOOD PARKS BOND PROGRAMS, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $35,495.43 FOR THE CONTRACT COST AND $5,824.31 FOR THE EXPENSES, FOR AN ESTIMATED TOTAL COST OF $41,319.74; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 148 November 15, 2001 • • Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None, Chairman Teele: And five persons voting "yes." 149 November 15, 2001 • Chairman Teele: On Item number 30 -- Commissioner Winton: Move it. Chairman Teele: Moved by Commissioner Winton. Commissioner Sanchez: Second. Chairman Tecle: Seconded by Commissioner Sanchez. Is there objection? All those in favor say "aye." The Commission (Collectively); Aye. Chairman Teele: All those opposed say "no." The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1226 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5T"s) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND AMENDING RESOLUTION NO. 01-22, ADOPTED JANUARY 11, 2001, TO INCERASE THE AMOUNT FOR THE DESIGN AND ENGINEERING SERVICES, IN AN AMOUNT NOT TO EXCEED $33,112.80, FROM $100,000 TO $133,112.80 AND INCREASE THE AMOUNT FOR THE CONSTRUCTION CONTRACT, IN AN AMOUNT NOT TO EXCEED $34,887.20, FROM $650,000 TO $684,887.20 FOR THE PROJECT ENTITLED MODEL CITY ROADWAYS IMPROVEMENTS, LOCATED AT NW 41 STREET BETWEEN NW 12 AVENUE AND NW 17 AVENUE, MIAMI, FLORIDA; ALLOCATING FUNDS FROM PROJECT NO. 341203 AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED. 150 November 15, 2001 0 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Chairman Teele: And this is adopted by five votes. 151 November 15, 2001 • • ",`51 AG ; T PLAT ..,TIT EIS �J� ESTATES... :`_ ae . Chairman Teele: Item number 31 is a plat. Commissioner Gort: Move it. Commissioner Winton: Move it. Chairman Teele: Moved by Commissioner Gort. Seconded by Commissioner Winton. Is there objection? All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed say "no." The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1227 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED COJIMAR ESTATES, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. Upon being seconded by Commissioner Gort the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teale, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Commissioner Teele: And we'll stop at 32. And we'll -- Commissioner Sanchez: Nine? 152 November 15, 2001 HW1 O-Vt NT 1S'1tTGWRDAC a isziTHv� D Azz,s ILLfl/AYII'+ApC I�`� FES° l?DPROP91 tQ V R A`T' QFC �', 2.QI _4JVd3Tl.lffi P 6C w. a - Chairman Teele: Did we have an ordinance that you have -- is that ready now? Alejandro Vilarello (City Attorney): Yes. I just went and made a copy of the caption. Chairman Teele: All right. That's all right. Number 9, it's being requested that we take it up. And that relates to -- Commissioner Winton: And then someone can explain it. Chairman Teele: -- the bonds. The downtown -- John Jackson: Good afternoon. John Jackson, Director of Public Works. Item 9 is confirming the assessment (INAUDIBLE) for a project that was completed several years ago back in '93, but the contractor went bankrupt. And so, we had to reconstruct the "as-builts" in order to establish the assessment roll. That's what's here before you today, to accept the roll of assessment so that the property owners that will be assessed, that we could send out their assessments. Commissioner Winton: Assessed? What do you mean "assessed?" Assessed against what? Commissioner Gort: This is Northwest -- Northeast 1St Avenue. Chairman Teele: Who's going to pay for this? Commissioner Winton: Yeah. Commissioner Gort: The property owners. Mr. Jackson: This is an older project -- Chairman Teele: How much money is this? Mr. Jackson: I don't have the dollar amount. Chairman Teele: I'll tell you. If somebody that represents the district -- I assume it's Commissioner Winton -- instructs the management to come back with a financial and to determine why we can't pay for it -- because I've got to tell you something, if I got a bill after seven, eight -- 153 November 15, 2001 Commissioner Winton: Ten years. Chairman Tecle: -- ten years, I would be mad on the principle of it. Commissioner Gort: Especially, there's a lot that needs to -- that road is completely -- they have a lot of problems. I mean, there's a lot of fixing needs to be taking place there. Unidentified Speaker: The whole area is (INAUDIBLE). Commissioner Gort: The whole 1" Avenue, the curb, it's -- Commissioner Teele: Motion to defer Items 9 and 10, and the -- Commissioner Winton: With an instruction to come back with the details about -- all the financial details regarding this. Chairman Teele: And how it's going to impact the property owners. Commissioner Winton: Right. So moved. Chairman Teele; Moved by Commissioner Winton. Commissioner Gort: Second. Chairman Teele: Seconded by Commissioner Gort. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01-1228 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 9 (PROPOSED CONFIRMING OF ASSESSMENT ROLL FOR CONSTRUCTION OF DOWNTOWN HIGHWAY IMPROVEMENT DISTRICT) AND AGENDA ITEM 10 (PROPOSED CONFIRMING OF ASSESSMENT ROLL FOR CONSTRUCTION OF LAWRENCE WATERWAY HIGHWAY IMPROVEMENT DISTRICT H-4536) FOR THE ADMINISTRATION TO REPORT BACK TO COMMISSION WITH FINANCIAL DETAILS ON ASSESSMENT AND HOW SAID ASSESSMENT WILL IMPACT AFFECTED CITY PROPERTY OWNERS AT THE COMMISSION MEETING CURRENTLY SCHEDULED FOR DECEMBER 13, 2001. 154 November 15, 2001 n LJ Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny Winton NAYS: None. ABSENT; None. 155 November 15, 2001 r Alejandro Vilarello (City Attorney): We're ready on 16, if you'd like? Chairman Teele: Yes. Why don't you move number 16? We have a motion by Commissioner Sanchez. This is to establish the revenue -- Commissioner Sanchez: Yes. So moved. Mr. Vilarello: This was an -- Commissioner Winton: Second. Mr. Vilarello: -- an ordinance on second reading. There was a modification, so we prepared it in the form of an emergency ordinance -- Commissioner Sanchez: So, it's under first reading now? Chairman Teele: No, it's an emergency. Mr. Vilarello: An emergency ordinance. Sarah Eaton: Sarah Eaton, Planning Department. I'd just like to clarify that this change is to broaden the scope of the Special Revenue Fund to allow us to spend the funds from. the allocation of Community Development funds for general historic preservation purposes, as has been discussed. It's to be consistent with the memo that was attached. Commissioner Sanchez: All right. Chairman Teele: All right. You want to read it, Mr. Attorney? Mr. Vilarello: Yes. Chairman Teele: Madam Clerk, would you call the roll? 156 November 15, 2001 • An Ordinance Entitled -- 0 AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "HISTORIC PRESERVATION" AND APPROPRIATING FUNDS IN THE AMOUNT OF $250,000, CONSISTING OF A GRANT FROM THE FLORIDA DIVISION OF HISTORICAL RESOURCES IN THE AMOUNT OF $25,000 AND FUNDS IN THE AMOUNT OF $225,000 FROM THE BUDGET OF THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FROM THE FLORIDA DIVISION OF HISTORICAL RESOURCES AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE ATTORNEY; AND AUTHORIZING THE EXPENDITURE OF SAID FUNDS FOR HISTORIC PRESERVATION PURPOSES IN THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. was introduced by Commissioner Sanchez and seconded by Commissioner Winton, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate day, was agreed by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Wifredo Gort Whereupon the Commission on motion of Commissioner Sanchez and seconded by Commissioner Winton, adopted said ordinance by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Wifredo Gort SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12156 The ordinance was read by title into the public record by the City Attorney. 157 November 15, 2001 aBLIGA'TDNk13 ONI?��1� (POLIO FIlt��UES}� B Y4'Q? ::OPM.ON`CHI.SAM�UTE,t .. r . Chairman Teele: All right. Mr. Clerk. Walter Foeman (City Clerk): Thank you, Mr. Chairman, members of the Commission -- Chairman Teele: Excuse me. Would someone advise the Manager that the Mayor has called and there's going to be a discussion on the bond issue, and particularly, as it relates to the Police and Fire issues at 5:30 today, please. 158 November 15, 2001 r 55 -P -11 R`ES�iTA.TI�'}�C BYCi QE OF C✓I ERK . f Walter Foeman (City Clerk): Thank you, Mr. Chairman, members of the Commission. Welcome to today's Digital Library Presentation. This presentation will be divided up into three parts. First part, Project Overview, will be done by myself, which will be followed with a breakdown of technical support (INAUDIBLE) translation and the dollar savings to the City. The third portion of the presentation will be the steps involved in the digitization process. And at the end of the presentation, I will request, at that time, if you have any questions or comments, you make them at that time. Members of the Commission, at your vision (INAUDIBLE) workshop of January 27'h (INAUDIBLE), you identified a series of organizational priorities, which pretty much set the focal point in terms of where we should be moving as an organization. Among those priorities listed included, management of certain informational technology resources, more efficient government, maximizing benefits and opportunities as it pertains to technology and organizational structure, public partnerships, refocusing on our services and functions of the (INAUDIBLE) around the new Vision/Mission statement (INAUDIBLE) improve service delivery. These particular functions, amongst the many functions that you had listed, had relevance to the Office of the City Clerk, given our office vision, which has become a premiere records custodian utilizing technology where it may be advantageous to do so, safeguard a vital part of our City's heritage. Immediately following this Vision (INAUDIBLE) Workshop, the City Clerk's Office sought out to identify what one project could capture the essence of those issues that had relevance to our office. We've identified one particular long- term goal, and that is to create an infrastructure that will ensure the accessibility, security, and preservation of our public records. One of the objectives in furtherance of this goal was to solicit and try to obtain two federal grants from two federal funding sources; the first one to be submitted to the Library Services and Technologies Act; second one to the Institute of Museum and Library Science, both in the amounts of a hundred and fifty thousand dollars ($150,000) each for establishment of a digital workshop. Digital workshop, what is it? Quite simply, it can be defined as an electronic information system, which offers (INAUDIBLE), which are organized, selected and managed into a body of information. Why is this important mission critical to our organization? I've identified four reasons, in my mind, why I think it's important. The first one is the uniqueness of the project. The second one is funding alternatives to our traditional dependency and general operating revenues and CIP (Capital Improvements Project) funds for funding technology projects. Thirdly, is the technical support and expertise. And finally, the fourth one is the potentiality for recurring revenue. Just to comment briefly on each of the four, the uniqueness of the project is (INAUDIBLE) fact that this is the only collaborative project in the State, according to our research, where a library institution has joined hands with a governmental institution in bidding out its historical preserves. There have been several projects that are in a conceptual mode right now, Sue Jacksonville Kernel is dialoguing with one of the State universities trying to do something similar on a smaller level, as well as the City of Coral Gables has expressed interest on doing a project similar to ours. But in terms of being active implementation project, this is the only one according to our findings that we found. Secondly, as it relates to providing funding alternatives to our traditional dependency on general operating capital improvements funds, we've incurred minimal expenditures to date in the amount of about twelve hundred, forty-five dollars ($1,245), and that came with the first phase of this project, which is the original minute book of 1896. And most of those monies were for the conversion of paper into digital format. Mr. Roland (INAUDIBLE), if you would just stand up and 159 November 15, 2001 acknowledge. He's our photographer, who's been very much involved with this project as relates to our photographic services. We've also realized certain unanticipated collateral funding sources in the amount of twenty-three thousand, six hundred dollars ($23,600) through the Florida Heritage Project. Those are surplus monies that we were able to identify through our collaborative effort with FIU (Florida International University), and they were earmarked for local preservation initiatives. The biggest issue -- one of the biggest issues is that the institutional networking with the library community, This is kind of a unique project in the sense that we've been able to piggyback off the library community, and realize a tremendous potential source of funding that we wouldn't have been able to get because we're not a part of the library network. So, in doing that, we've been able to realize technical support from a host of librarians, from FIU. We've worked with the Clerk's Office, not only in terms of identifying historical collections in the Clerk's Office, but citywide. Additionally, we've also realized technical support through FIU's IT (Information Technology) network, and they've been maintaining our historic collection on their own database server. If we were to put the dollar value on the total amount of technical support we received over the life of the project, it would be fairly significant. One of the other areas, the Florida Center for Library Automation, is the entity that controls the library management of online card system for the State university system, and provides digital support to local libraries with projects that have digital content. If we were to put a total dollar value on what this represents over the life of the project, it would be fairly significant. But what we want to do is just highlight briefly, in a little more detail, the services that we've been able to receive. Dawn Marache-Allen, who's the Project Manager for this project, will go through one slide as it relates to the technical support aspect. Dawn. Dawn Marache-Allen: Good afternoon. My portion of this presentation deals with the breakdown of technical support for the City of Miami's digital library. Our collaboration with Florida International University, FIU, has been extremely beneficial as we have gained both their technical support and the funding and additional technical support from the Florida Center of Library Automation, FCLA. First of all, as a Project Manager, some of my principle tasks include defining the project goals and objectives, appraising City documents for digitization in conjunction with FIU librarians, and researching digital library benefits and impacts for the citizens of Miami, such as those pieces of history that inform us of our past. Secondly, the Project Coordinator, Megan Waters, makes a very important contribution to the project by overseeing the in-house technical processing of photograph images. In fact, she has digitized the incorporation papers in-house to cut costs. She also coordinates the data processing with FCLA and promotes project goals to state universities and libraries. Thirdly, the highly creative photographer, Roland (INAUDIBLE), has also played a significant role in this project by photographing books that would otherwise be destroyed by the scanning process. Finally, the very dedicated and talented library staff at FN has worked diligently on collection development, intellectual decision-making processes, and cataloguing of the City's historical documents. The high level of professionalism, creativity, and enthusiasm, has made this a great team to work with. Mr. Foeman: Thank you, Dawn. The fourth issue -- while this particularly project is mission critical to our organization it's the potentiality for recurring revenue. You passed, on second reading, a few items ago, an ordinance which amended the Code to provide for extensive research fees. That ordinance is consistent with the State law, which State law allows us to 160 November 15, 2001 charge -- each agency is allowed to charge when there is an inordinate amount of time expended on research activities and duplicating costs. So what that, in essence, does is once we establish new venues, such as the Digital Library, and soon-to-be implemented Legistrar, it allows the inquiring public and also the research community to have a choice if they want to be driven by more customer -driven typologies, such as Legistrar or Digital Library. They can do their own research. Or if they want the Clerk's Office to do that, we can charge a fee. The Clerk's Office expended, in fiscal year 2000, in excess of 9,000 hours of research and duplicating services. We exceeded that amount last fiscal year. So, I think the key is not only to identity historical collections, but also to extract from those collections what is of interest to inquiring public and the research community. And with that said, I'm going to turn the last part of the presentation over to Ms. Megan Waters, FIU Documents Librarian. Before Megan comes up, let me just give you a brief background of Megan. Megan is also, in addition to being the Project Coordinator for the Digital Library, she serves as a consultant to the Clerk's Office for the historic photographic collections project, as well. She's the Project Coordinator for the Everglades project. That's a project, which, in 1998, received the prestigious Ameritech Award for the nation's best digital project. And, without further ado, I'm going to turn it over to Megan. Megan Waters: Thank you, Walter. It's been a pleasure working with you and your staff, particularly Dawn Marache-Allen and Jonda Joseph. I am a librarian at FIU, and I just wanted to add for Commissioner Sanchez, that if you do consider bringing computers in parks, I would encourage you to include librarians, and possibly, public libraries. That's something we do. We're highly technological and we love helping people. So, just an aside. Anyway, back to the point at hand. What you're looking at behind me is what we've come up with so far for what could be the first local municipality Digital Library online, free to the public. I imagine, though, if this continues, that we could possibly get local artists to contribute. This could be a very wonderful thing. But for my presentation, I'll be explaining to you how we put books online to make them readable to the public. I will briefly explain in three steps this process, which includes selection, conversion (INAUDIBLE) data, and more importantly, what a book looks like online, the demonstration. To select books to put into a digital library, we use the Library of Congress' criteria that they use in creating the nation's digital library, American Memory. It's a very wonderful digital library. I would encourage you to take a look. There's thousands and thousands of images there, all detailing our nation's history. Some of these selection criteria include value, the condition of the book or microfilm, whatever the object is, its state of deterioration, and also, its use to the research community and citizens of the United States in the future. Once we've decided on something to digitize, we need to make it readable to a computer. This is easier said than done, unfortunately. These are some of the devices that can be used. Our photographer Roland (INAUDIBLE) is quite familiar with them. He's helped us quite a bit. There are several devices. I'll just highlight for you. Flatbed scanner, which is much like a Xerox machine. This would destroy, a very old book, however. You'd have to cut off' the binding and (INAUDIBLE), which would not be a good thing necessarily. The second is a microfilm scanner. A lot of historic items are in microfilm. That was an earlier preservation effort, and now, we've moved into digital format. Lastly, and perhaps a little more fun, is the digital camera. These tend to be expensive, and they also require a photographer -- a professional photographer. Difficult to use. (INAUDIBLE) data is the way that you take these files, these images, once you've converted them and put them into a computer so the computer can understand it, like a database does. It's very boring. This is what it looks like, just to give 161 November 15, 2001 you a general idea to what us librarians do; (INAUDIBLE) cataloguing. We do other things that are more fun. This is (INAUDIBLE) data, data by data. We have a demonstration. Right now, we do not have a full functioning City of Miami digital library. This will require a lot more work and funding and collaboration. But we are a part -- FIU is part and contributes to the Florida Heritage Collection. You can imagine a Miami Heritage Collection, for example. And in this database are some City of Miami items right now, which we have digitized as mentioned. For example, the incorporation papers, transcript of the proceedings of the meeting held July 28`h, 1896 for the incorporation of the City. (INAUDIBLE) for instance, is put into a database. Here they are. Here you have a table of contents, much like a regular book. OK. And here is the printed page. This is an image meant to be readable online. These are the voters for incorporation, their names. The other output, which is a little more useful to us, I think, at the moment, is in portable document format. You may be familiar with this. It's Adobe Acrobat reader. A lot of us use this in offices. This makes this object, this digital object, printable. .And in the case of the original minute book for the City of Miami, which is what we're doing now, having a meeting and writing it down, that one has -- it's a very large book, and has never really been Xeroxed. It's too large. It's something that a lot of people don't have access to. And in this format, you can zoom in, using the magnifying glass, onto these handwritten pages. Researchers love this. Commissioner Regalado: What is that? Ms. Waters: This particularly page -- I don't know what I clicked on when I went to the table of contents, but this is the minute -- this is for the incorporation of the City. Commissioner Sanchez: (COMMENTS OFF RECORD). Ms. Waters: I believe so. Commissioner Regalado: Let me -- where's Walter? Hey, Walter. I think that we should have that in a picture and place that in the lobby, because it's an important document that people would be interested in seeing. I mean, you know -- I don't know how many pages and I don't know how can we blow it up. We can, but I mean in terms of -- at least, in a roll to have that because it's a historic thing. Ms. Waters: I'm glad you mentioned that. And I think one of the benefits of what we're doing with this digitization process is when you film something like this and transfer it to different formats, you could blow it up into a giant poster for your wall. You can do many things. You can have it in color. You could, essentially, spread it all over the City and all over the Internet. And I think that's some of the wonderful things about this. But that's very easy to do. Should have had Roland explain that. In terms of future directions, as they said, we would like to create our own page -- our own website like Florida Heritage, specifically for the City of Miami. And, hopefully, this is something we can share with the Library of Congress. We also want to make this database full text searchable. This is a mark up that we made -- the librarians made, in which you'll be able to search on a voter's name, for example. Famous people in Miami's history. Other outputs, we'd really like to see. I know, quite possible, as I mentioned, librarians are really on the cutting edge of technology, and many people are not aware of that. We would 162 November 15, 2001 like to create audiobooks. We have that capability for the blind. That would be very helpful. Also, there's some other (INAUDIBLE). I'm sorry. The format. This also will preserve these items for posterity, if possible, and bring them forward to the future. Another output that has been discussed is digital reference. This is something that my university is already embarking on, in which we'd be able to help people interpret these things and find these things online, and that's a pilot project we're starting this year also, and could be very useful to this project as well. So thank you. It's been an absolute pleasure. Commissioner Sanchez: Thank you. Mr. Foeman: Commission, in the interest of time, this concludes our presentation. Do you have any comments or questions at this time? Chairman Teele: One observation: When I got the briefing on this when you first got started, it was my understanding that this is one of the first digitalization of any city in Florida; is that - Mr. Foeman: It is the only active implementation project that we know of in the country. Chairman Teele: And so, what will happen will be our entire City book will be in the library structure where people doing scholarly research, et cetera, can literally just download or figure out exactly what was going on in the City of Miami? Ms. Waters: That is correct. And, as a librarian who does a lot of extensive research for people - - historians, in general -- we do not have -- Miami is not well -represented, unfortunately, and could be through this project. You would be included in more databases across the country, if not the world. Chairman Teele: And one of the unique things, I understand, is the photography. Don't we have a lot of pictures, and these pictures will, therefore, now be digital and -- Ms. Waters: Yes. Pictures are very popular. There's an incredible archive of over 32,000; am I -- if not more. Chairman Teele: Thirty-two thousand? Ms. Waters: Including negatives in various formats of absolutely spectacular photos, very rare photos that have not been seen before. Chairman Teele: And how are we -- I know you have a process of determining which ones you digitize -- about how many will be digitized of the thirty -- Ms. Waters: Well, hopefully, down the road, potentially all. But to start, it is an expensive process and it could be as much as a quarter. You'd have to access the needs. You also look at how many are falling apart, what needs to be saved first. Preservation. 163 November 15, 2001 Chairman Teele: Further discussion by the Commission. The thing that I think struck me was the lack of references to the City -- to Miami, not the City, but Miami, in the entire digitalization or this whole process. And could you just elaborate on that? Ms. Waters: I can. That's true of the south in general and Miami, particularly. Although, Texas has embarked on some pretty ambitious things, but not with the local government. Local governments or repositories are very, very important information to the people that they serve. But also, I know -- as I mentioned, I get email reference questions quite often at my job asking for Miami government information, and this is very hard to locate. It includes calling up the Clerk's Office or other individuals who might know. And these things are not in a catalogue. They're not in libraries. Libraries have to go looking for them quite hard. Does that answer your question? Chairman Tecle: Yes. Further comments or questions, I think, clearly, we owe the Clerk and his staff and the team a debt of gratitude. Maybe we should give them a little salute. [APPLAUSE] Commissioner Sanchez: Technology is a wonderful thing. So, Johnny, start using your computer. Chairman Teele: And a little bit better salute. Megan, if you would just join us on the dais, along with the entire team, because what we really would like to do is express our appreciation to Megan for this tremendous scholarly research with this commendation. Whereas the City of Miami values an informed citizen and supports access to information as a true benefit to a free society; and whereas Megan Waters with a unique brand of synergy and strong work ethic has worked steadily over six months to establish the City of Miami's first Digital Library formed to build a historic archives through a collaborative -- collaboration of the library institutions and the government, the only one of its kind in the state; and whereas in addition to assisting as Project Coordinator for the City's Digital Library Project, Miami's photographic collections, Ms. Waters has served in the capacity as Project Coordinator for the Everglades Project, and undertaking that achieved national acclaim as the nation's top digital project in 1998, and she was awarded with the prestigious Ameritech Award, as presented by the Library of Congress; and whereas because of her technology -- her technical brilliance, the 23 -year-old -- Ms. Waters: Thank you. Commissioner Sanchez: You're 23? Ms. Waters: No. Chairman Teele: The very young Megan Waters has distinguished herself as one of the top people in the area of digital library development, always working tirelessly, seeking innovative ways to overcome obstacles to make Miami's digital project a success; and whereas these outstanding efforts by Megan Waters have resulted in the unveiling of the City of Miami's original minute book of 1896, along with the original incorporation papers, a testament to her 164 November 15, 2001 special genius in translating technical information into laymen's terms for non -library personnel. Now, therefore, 1, Joe Carollo, Mayor of the City of Miami, do hereby commend Megan Waters for her innovative efforts in extending her creativity beyond the City Clerk's Office to departments within the City organizational structure, where she has identified organizational and historical documents to provide technical assistance for their presentation. And this is signed by our Mayor on today's date. Let's give Megan a real big hand, [APPLAUSE] Chairman Teele: Well, to use Commissioner Winton's words, you know, the City really is doing some exciting things. And this project, while those of us, like Johnny and myself, may not fully appreciate it, but certainly, people who are computer literate and technology driven will have access. And I just think there's been so much debate about how many incorporators there were in the City and this, that, and the other, and now all of this is being demystified. And it's going to all be online and available. And, Johnny, there really are some great things going on. Commissioner Winton: I think you and I will appreciate it greatly. Commissioner Sanchez: Of course, for a small fee. Commissioner Winton: We just don't know how to use it. Chairman Teele: That's true. 165 November 15, 2001 WI. ' ; J gi"-tY`it 11�AN ENT TRT' �`� fi )DORSNZ, '1B7,11"RONT ANIDO'� a G�TRGE QREATE ONVENTIO�IYISITfJ T 'EGET X� Q ENURF D Fk. xc Z Ic N : T10 TV O Iii T . ? ,ORQM�T g £ -C} bFER I? PQ E' N''`� 3 C OSS' LLG`L C SEE" CITY AONTTPA '�' k Commissioner Teele: All right. We have a series of zoning issues, I guess. I know we're pretty much completed. We've got some board appointments and all of those other things, but my view is we shouldn't keep the public waiting unnecessarily. Commissioner Sanchez: Well, we could take care of 32, which is easy, and 32-A has been deferred by the City Attorney. So. Commissioner Teele: All right. 32 is the -- Commissioner Sanchez: 32 is just a ratification. So move. Commissioner Winton: Second. Commissioner Teele: Which one is this? Commissioner Sanchez: The -- Commissioner Gort: Racetrack. Commissioner Sanchez: Raceworks. Commissioner Teele: Well, I've got to tell you -- Moved by Commissioner Sanchez. Commissioner Gort: Second. I'll second it. Commissioner Teele: Seconded by Commissioner -- Commissioner Winton: Second. 166 December 11, 2001 Commissioner Teele: -- Gort and Winton. Frank Rollason and -- could we hear from the Assistant Manager? Are the Raceworks folks here today? Commissioner Sanchez: They are. They're out -- Is anybody from Raceworks here? Commissioner Teele: Is anybody here from ACM (Assistant City Manager)? Mr. Manager? Dena Bianchino (Assistant City Manager): We're looking for Mr. Rollason, and Mr. Bermello just walked in, from Raceworks. Commissioner Teele: All right. Would everyone that is here for a zoning item, please stand and be sworn. Mr. Clerk, would you swear everyone, please. Walter Foeman (City Clerk): Would you raise your right hand, please. Note for the Record: AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER CODE SECTION 62-1, TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Commissioner Teele: All right. Thank you very much. Commissioner Gort: Mr. Chairman. Commissioner Teele: Commissioner Gort. Commissioner Gort: Could I request on Items 5 and 6, which was a second reading, Miami - Dade, if there's no opposition, if that could be heard first? Commissioner Teele: All right. Items -- we'll take up Items 5 and 6. Commissioner Sanchez: 5 and 6? Commissioner Teele: Mr. Attorney, PZ (Planning and Zoning) Items 5 and 6. We're waiting on representatives from the management, Mr. Bermello. Well, here he is now. Here's Mr. Rollason. Commissioner Gort: 6 and 7. Commissioner Teele: 6 and 7. And we're back to Item 32, which has been moved by Commissioner Sanchez and been seconded by Commissioner Gort and Winton. What I asked for in early November -- I mean November or certainly early December is a progress report on where we are with this. And I've not had the opportunity to talk to Mr. Bermello about this, so I apologize, Willy, But I had real concerns then. I have even greater concerns now, in light of visitors. And I want to be on the record. If anybody needs to delay this for a year, you know, I think we should think very long and very hard about doing it. I don't want to throw a torpedo, 167 December 11, 2001 but everywhere you look, people are re -calibrating events, et cetera. And my concern was the amount of time. And candidly, Mr. Bermello, my concern was the deal that you negotiated with the City. I thought you all gave up -- I was very uncomfortable, and I continue to be very uncomfortable with the amount of capital improvements that are being made on the front end. I'd much rather see advertising and promotion on the front end, and pay the money out over a successful period of time. And that -- I said that at the meeting. I mean, I was, you know, voted down. I'm not trying to revisit this issue, but I think if we're talking about putting the name of the City of Miami on the line like this, we need to work hard to make sure that this event is, "A," a success, in light of 911; and `B," you know, in light of the bond issue, I don't mind telling you, I think we ought to make sure that you all have enough money -- and I know this is -- doesn't sound right, but it's the way I feel -- that you all have enough money to put this Event on properly and to advertise this event properly. And by agreeing for all these capital improvements, which are sitting on facilities, I just -- you know, I just want to make sure that we're doing the right thing for the public and for our image, as well as for you all. So, Mr. Rollason, how are we coming on this, on this capital improvement issue? Because that, you know, that's -- Commissioner Sanchez: That's 32-A. That's the one that we -- Frank Rollason (Assistant City Manager): Frank Rollason, Assistant City Manager. Commissioner Tecle: That's 32-A? Mr. Rollason: Let me explain to you where I think we are. We have been attending meetings now every other Wednesday, and now, every Wednesday, for the past few months. Some of the things have been slower to materialize than we would like to see, and Mr. Bermello and I have discussed that at some length. We still do not have the engineering drawings for people to look at to start to -- And I didn't make yesterday's meeting, so if I'm wrong, certainly, jump in there. But we have not -- still yet to be able to -- where the rubber meets the road. We've seen a lot of conceptuals. We've seen a lot of ideas discussed. But we're now at the point with us and his primary contractor where we're both clamoring for the same documents. Now, since September I I'll, there were some things that threw a little bit of a wrench into it. We had problems with being able to fly the area, and we've got that squared away with the FAA (Federal Aviation Administration), so we're able to get up and survey. Surveys have been done on the ground. I think they've got the aerials now, that they're ready to do the calculations from those. It's doable at this point, but we're reaching that critical point in the project that if we don't have these documents here very quickly -- and I'm saying probably by the middle of December -- we're going to have problems to, in my opinion, to make this all come to fruition. And certainly, he can jump in and -- It hasn't gone as fast as I would have liked to have seen it to go. But they have made adjustments. They've brought professional people on board. They've brought Bovis on board, which we're very happy with. And they've got some more racetrack people on board that know the intricacies of what has to be done with the track. They've already started pulling the barricades. They've got that contractor on board. That's in progress. So things are happening. I'm concerned about DOT (Department of Transportation), the road. The things in the park, I think -- and Jay Constantz, if he's here, can speak to them. But in the meetings that I've been at, the things in the park are very doable and within an easy range to make those 168 December 11, 2001 0 happen. The areas that give me concern are the engineering drawings for the roadways, the parking -ways, the cuts that we have to malce, the drainage changes we have to make to make it acceptable for the racecar people. So that's where we're at. Willy Bermello: Commissioners, Willy Bermello, address of 2601 South Bayshore Drive, representing Raceworks. Frank is correct. We have been delayed. September 11th did throw a wrench into the process. It delayed our surveying. We were not able to fly the area until very recently, which meant that our engineering drawings could not progress to the point that we would have liked them to. The long lead items, however, are not necessarily the roadways. The long lead items are the concrete barriers. And we have 18,000 lineal feet of concrete barriers. And Course Laps started pouring barriers last week. That contract, which is for seven hundred forty thousand dollars ($740,000) was already let. The second long lead items are the bleachers. And we let that contract out this past week with Florida Grandstand. That's for an additional two hundred and twenty-nine thousand dollars ($229,000). We have our office open in Biscayne Boulevard. We will have tickets printed within the next 15 days. We plan to have a press luncheon on December 6th. And we're moving. We will have the drawings submitted to the Building Department. And by the way, I commend Frank and his staff. They have gone over and above the call of duty in being helpful to us and working with us, Ms. Badia in Public Works. They will have all the drawings necessary to commence the permitting process in a matter of two weeks. We do have to go to the County for DERM (Department of Environmental Resource Management), and that is an issue. Is it a concern? Yes. We do have to go to the Army Corps of Engineers and DERM with respect to the temporary dock that we plan to have along the bay front. Showboat Magazine has agreed to co-sponsor and take the lead in that effort. And Showboat Magazine brings the whole aura of an international magazine that basically caters to a population that basically means big bucks to the City of Miami. They are even in the process right now of working with Mercedes Benz that'll be coming down in about ten days to Miami to consider being the title and main sponsor. We have great challenges. My biggest concern, however, it hasn't been mentioned here. And that is that we currently still have -- the City has a lawsuit filed by ICS. They have a new law firm representing them. I understand that they are a top law firm that wins many more cases than they lose. And as we go forward in spending all of these dollars, committing ourselves to right now over a million dollars ($1,000,000) in the initial contracts, we have this lawsuit pending. And we are asked that question a lot in terms of what's happening. And so we're working hard, but we need -- we need the assistance of the City in this area. We are making a presentation to MSEA (Miami Sports and Exhibition Authority) this corning Monday at 12:30. This will be the second presentation that we've made to MSEA. They have indicated that they want to participate with Raceworks in making this event a reality. And hopefully, we will have MSEA's support before the end of the month, and that that is one of the things that we can announce at our general luncheon on December the 6th. We're working round the clock now, and the time is ticking. We have invested right now two million dollars ($2,000,000). We have paid five hundred thousand dollars ($500,000) to CBS to be live, April 7th. There's no going back on that. If we don't have a race, we better figure something else to do on that day, because that money has been paid, and which means that we have to go out and find somebody that will buy the advertisements to recover that money. And so we're on the hook, Commissioner Teele. And both Peter Janowitz and I, we signed personally on loans, and we put our money up. So believe me that we're going to make this happen. So far, we have had support everywhere we've gone. We haven't had the 169 December 11, 2001 broad community support that we would have liked to have had, but we all know what happened with our friends from South Dade, and that has hurt us. The number of associations -- I won't mention their name -- that have not come out the way we would have liked. Is that going to hurt us? No. We're going to get it done. Hopefully, in the second year, we'll have everybody in our bandwagon making this a great thing. We have the likes of Mercedes Benz, Champion Audi and Chevrolet right now bidding to be the title main sponsor for this event, and with good reason. Everybody sees the marketing potential of Miami in the backdrop. We're working on every single angle imaginable. We have Intercontinental Hotel that'lI be our official hotel sponsor. We have booked 400 room nights for that week. And we're working every single angle. With Bayside, every area, we meet. We have a marketing and sales meeting every week, and are interested in meeting every week. And Frank, at the last meeting, we did have representation from FDOT (Florida Department of Transportation), because I had a meeting with Mr. Talbert the week before. I told him how important it was to make sure that we all be working hand in hand. And he had his person there. And so far, everything is moving along the lines with them, too. Commissioner Teele: What kind of support are you getting from the Greater Miami Tourism and Visitors Bureau? We put a lot of money in that. Mr. Bermello: Commissioner, we've met now, I believe, twice. Commissioner Regalado, I think, called to the attention the importance that they participate. Right now, we still haven't seen a lot. I'll give you an idea. We received a letter from a travel agency, a travel agent in Germany that had found out about the race that wants to bring about 100 German tourists, and wants our assistance. And they're contacting us. That letter, I'm sending it tomorrow morning to Bill Talbert saying, you know, we need your help with these people, because everybody will want to come. Once they -- This is an international event that we're holding here. And the likes of the bureau, the likes of the Chamber of Commerce, we need that kind of support. We, hopefully, will get it soon. And we've been in discussions with them. We've had two meetings with them so far. Commissioner Regalado: Mr. Chairman, if I may. I am -- Willy, I am really disappointed that the Greater Miami Convention and Visitors Bureau have not done what they said they would, because you were in my office with Bill and his main person from marketing, and Peter, and they promised several things. And they promised to meet with you. And I'm not in the business of trashing the Greater Miami Convention and Visitors Bureau every time that I have an issue, but they have -- My understanding is that they have cancelled several meetings. Finally, they have done something. I mean, this is not we hope that they will do. This is, they need to do it, because, I mean, this City is pumping millions and millions of dollars for their marketing, and I understand that they had an emergency on 911, and they have done a good campaign to bring back people to Miami. But this is, other than the Orange Bowl, the only major event that is going to bring people to Miami in the next six months. So we need, guys, to, you know, do something about it, you know. And we need to call on the Greater Miami Convention Center, and I will do it. But if they don't listen to me, I think that we've got to take a position on the next meeting of the City Commission, because then that will be in December. We need an aggressive marketing and advertising campaign by January, at the latest. In fact, we should come up here -- and I will come back on December with specific things to request and have 170 December 11, 2001 somebody from the Greater Miami Convention and Visitors Bureau here. You know, they will pay for banners, which we will approve and set in the City in two steps. One step announcing the ticket sales, and the second step, two weeks before the event, announcing the event. And we will go to other cities and the County as a City, and request for the Greater Miami Convention and Visitors Bureau to go, too, to request also the placing of banners. What I'm saying is we need to hit most of the two and a half million residents in Miami -Dade County, not only the million persons in the City of Miami, residents and daily Visitors, but we need to do this and we need to -- specific things that we want. And you need to tell us if you can send the Commissioners a report of what you have done already, in terms of marketing, and what you need in terms of marketing that the City, through the Greater Miami Convention and Visitors Bureau should do, because certainly, I'm going to bring this issue on December. Commissioner Teele: Commissioner, I would appreciate if you would do us a favor and do that today. Why don't we ask staff to work with Mr. Bermello and prepare an item for later on this evening for Commissioner Regalado to sponsor as a pocket item requesting certain things from the Convention and Visitors Bureau? I think part of our issue is that we have to be on the record. We have to be on point. That's our money they're spending, you know, a good 30, 40 percent of it. Commissioner Regalado: It ain't a favor, it ain't a favor. Commissioner Teele: It's not a favor. And this is something we're all in favor of. I will go back to one thing, though. If that's all right with you, could we get that pocket item? Commissioner Regalado: Fine. Commissioner Teele: And ask, Madam Manager, if you could get maybe our Conventions and -- and the right staff people to work with the lawyers to get that, so that we can request from Convention and Visitors Bureau the things that Commissioner Regalado said, in addition to general support, and specifically asking that they coordinate that the City is fully behind this, in light of the 911 and the downturn on tourism. Commissioner Regalado. Commissioner Regalado: Because of 911 it is that we need to do more, to bring more people here. And the fact that he has a letter from a German travel agency is telling us that the Greater Miami Convention and Visitors Bureau, who has the ability to reach that German travel agent has not done so, and they were supposed to do it. So I would include several things in that pocket item and basically call on the bureau to start working immediately. Commissioner Teele: Tomas, if you would, we're either going to be for this thing Commissioner Sanchez: Or we're not. Commissioner Teele. -- or we're not. And my position is I want to do it, but I really want to do it. And I don't want to halfheartedly do this. Commissioner Regalado: That's -- 171 December 11, 2001 0 • Commissioner Teele: And I think this represents a tremendous opportunity. You've got taxicabs, bellmen, maids, all being laid off all over downtown. There's nothing that is going to have the kind of impact for one week that this can have if it goes off. The teams alone are going to take up the equivalent of two or three hotels. And I think maybe, you know, one of the things we ought to do -- What's the lady's name that, Lila, you work for? I think -- Where is Christina? We need to get Christina's organization in here with us, because the real opportunity here is -- We don't need to wait on the Convention and Visitors Bureau. If necessary, if necessary, using our vantage point of the Hyatt Hotel and the relationship that we have there, we should convene a meeting of the downtown hotel people, you know. We sit back and we -- Commissioner Gort: Commissioner, let me interject for a minute. We do have a committee made out of all the hotels in downtown Miami. They will be meeting tomorrow, and I'll be more than glad to -- Commissioner Teele: Who? The DDA (Downtown Development Authority)? Commissioner Gort: Yes. Johnny will be -- Commissioner Teele: But what I'm suggesting, Mr. -- Madam Manager and to Commissioner Regalado, I think we should throw the full weight of this City behind this. We keep talking about tourism. We keep talking about trying to build back jobs. But this is a project that we're having. And I would respectfully ask that Commissioner Winton, as the Chairman of the DDA, that you work with Christina Abrams, and let's bring in all these hotel people. We don't need to wait on the Convention and Visitors Bureau to do what it is we need to have done. At the same time, I want to go back to one thing. If there is one person that's willing to bring 100 people there, there's probably 10 people willing to bring 100 people here. And do you realize -- We're talking about from Germany, right? Mr. Bermello: Germany. Commissioner Teele: -- what that's going to men in terms of the amount of dollars? And what I think we really need, where we're missing the opportunity here -- and I don't want to redo the deal, but I believe that we made a big mistake with you in requiring you to invest a million dollars ($1,000,000) in -- Commissioner Sanchez: Capital improvement. Mr. Bermello: Infrastructure improvement. Commissioner Teele: It's the same stuff that Ralph Sanchez thought in 1981, '82. Where the hell -- where did all these -- what do you call them? The curvings, the -- Mr. Bermello: The barriers? Commissioner Teele: Where do these barriers go? 172 December 11, 2001 C7 • Mr. Bermello: Well, those barriers go around the track, both sides of the track. Commissioner Teele: I know that. I mean -- Commissioner Gort: The ones that were there -- Commissioner Teele: But I'm saying, why weren't the ones that were there, why did you -- Commissioner Gort: They're in the graveyard. Mr. Bermello: No, those are long gone. Commissioner Sanchez: Artificial reef. Mr. Bermello: Those are long gone. Commissioner Sanchez: They're gone. They're artificial reefs. Commissioner Teele: See, this is my point. Frank, just hear me for a minute. The barriers are barriers. This is not something that's going to disappear in the air. The City should have bought those barriers and made him pay us back for the money. We need to get enough money out here promoting this thing. We need to be on the air in Rio de Janeiro. We need to be on the air in Germany. We really need to have -- and that's what we need the Convention and Visitors Bureau to work with us on. And I just think that we ought to take a proactive look at how much money we can get in television advertising. Maybe we can buy the barriers back from them, and then, you know, lease them and make some money off these guys on it kind of thing. But the fact of the matter is we either are going to be with this race and we believe it's going to be here for 10 years, or this thing, we ought to walk away from it. And what you're saying is we need to go forward. Commissioner Sanchez: Mr. Chairman. Mr. Bermello: We definitely need to go forward. Commissioner, I will leave you with another thought. Commissioner Sanchez: Mr. Chairman. Mr. Bermello: On the 4tn of November, the Associated Press carried a story where Clark, Clark announced their schedule for 2002. Twelve races, including two new races. Now, those two new races were in Las Vegas, and the other was Miami. Clark is in negotiations, trying to convince us to work a deal with Raceworks and with Panoz Motorsports, the American Le Mans Series to come to Miami. I'll tell you what I told them over the phone. Miami needs Clark, but I don't think we're ready for it, because to bring Clark would be like to have the Super Bowl. It means such an immense production that I don't think that we right now have all of our resources, human resources to get the thing done yet. But the interesting thing is the interest that they have 173 December 11, 2001 in the market of Miami, and they want -- up to the point that they have announced it in the AP, and it was carried. Now, we're committed to doing that. But like we told the Visitors Bureau and we told people in the Chamber, to be able to pull a big time event, we need a broad and total commitment beyond Raceworks, beyond our money, because it's not just bringing the race, it's all the supporting events that the people expect when they come here. They want to be entertained. They want to be partied back and forth. They expect -- Miami is a big town. I mean South Beach, Miami, Coconut Grove. They expect the best. And my concern is we're not there yet. Commissioner Tecle: Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. First of all, I don't want to confuse apples with oranges. There are two resolutions in front of us. The first resolution, all it is it's a ratification. It's coming back with the agreement attached to it. Bayfront Park supports it. I want on the record that the City supports it, and I want on the record that you also support it, because that's all that we're doing here. Mr. Bermello: Yes, sir. Yes, sir. Commissioner Sanchez: We are basically passing this resolution that says to move forward. The other resolution that's on the record, when we go to it, we'll discuss, through the advice of the legal City Attorney, has been asked to defer it, which we will defer. But let me just get back to this. We talk about risk. I think it's to the time where we either go for it or we punt the ball. Simple as that. I think each and every one of my colleagues here today have said the reasons why we need to take this stand to try to bring an economic revitalization or an economic boost, stimulation to the City. So I understand that we're going to make risks. The City is going to take risks, and, of course, you're going to take risks, too. That's part of doing business in this great nation of ours. We have to take risks. Of course, we don't want to take risks that are going to affect the City, but we want to work with you. And I think that we have to work with you to make this a success. But I just want to get it on the record that this resolution, all it is — that we will vote on this resolution, and if it passes, all it does is it approves the agreement made by all parties to continue to move forward. Bayfront Park is committed to putting this event together because we believe that it's going to be very good for the area. Once again, I don't need to emphasize on everything you've said. We will be internationally exposed for two hours in 56 countries. That is priceless. So those are the things that we have to do. The situation we're in now, we either punt or we go for it. So I have made the motion to move this resolution forward. Commissioner Gort: Second. Commissioner Sanchez: There's a second. We're ready. Call the question. Commissioner Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Commissioner Tecle: All those opposed? 174 December 11, 2001 0 Mr. Bermello: Thank you. L� 175 December 11, 2001 • The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01-1229 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT OF OCTOBER 2001, IN THE ATTACHED FORM, BETWEEN RACEWORKS, LLC ("LICENSEE"), CITY OF MIAMI AND BAYFRONT PARK MANAGEMENT TRUST ("TRUST") FOR RACE/MOTORSPORTS EVENTS AT BAYFRONT PARK AND DOWNTOWN MIAMI, FOR AN INITIAL PERIOD OF FIFTEEN YEARS, WITH THE OPTION OF EXTENDING THE TERM OF AGREEMENT FOR A PERIOD OF TEN YEARS, PROVIDED LICENSEE GIVES THE CITY AND THE TRUST WRITTEN NOTICE OF ITS INTENTION TO EXERCISE ITS OPTION AT LEAST SIXTY DAYS PRIOR TO THE EXPIRATION OF THE AGREEMENT, IN ACCORDANCE WITH OTHER TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, SUBJECT TO THE LEASE BETWEEN THE CITY OF MIAMI AND THE UNITED STATES OF AMERICA, DATED AUGUST S, 1990, AND SUBJECT TO THE APPROVAL OF THE UNITED STATES DEPARTMENT OF THE ARMY, ARMY CORPS OF ENGINEERS PRIOR TO THE CITY OF MIAMI EXECUTING THIS AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None Commissioner Teele: Again, Mr. Manager -- Commissioner Regalado: Excuse me, Mr. Chairman. I have a resolution right now. I think we should do it right now. Commissioner Gort: Go ahead. 176 December 11, 2001 Commissioner Regalado: Commissioner Toole, you said to bring it back, but it's important that - - since we have the momentum. I move that we request the biggest -- the second biggest contributor to the funding of the Greater Miami Convention and Visitors Bureau that Raceworks and the April races will be considered by the bureau as an official project of the City of Miami. And, number one, starting next week, they will have a full-time person of the Marketing Department working with the travel agencies in Europe and Latin America, full time -- not just we're going to do it — full time. And that we need to know in the next meeting how that person is doing this work from the bureau, working for the races in terms of getting the information to the travel agencies throughout Europe and Latin America. Number two, that the bureau will be requested to pay for banners that will be placed in the City of Miami, starting sometime in December, promoting the event, and that those banners will be changed two weeks before the race with updated information. Number three, that the bureau will be present on the next Commission meeting to make a report to this Miami City Commission on what they are doing, the money and the support that they are spending in order to promote Raceworks. I think that we can do several other things. Commissioner Toole: Is there a second? Vice Chairman Gort: Second. Second the motion. Commissioner Regalado: And Commissioner, we can do other things, but we need to send this right away to the bureau, and tell them that we expect to have a representative in the next Commission meeting. Might as well do it in the morning in the blue pages. I'll put it in my blue page so we -- And Mr. Bermello, if you can be here, sir -- Mr. Bermello: We'll be here. Commissioner Regalado: --or somebody. Mr. Bermello: We'll be here. Commissioner Regalado: Because we need really to know if they're going to come through. If not, we're just going to have to stop being bothered with them, because it's our money and this is our event. And, you know, we don't ask for much, because after all, of all the millions that Miami sends to the bureau -- I mean, we get some good publicity, but we also are paying for -- to promote South Beach a lot. So that would be the motion. Commissioner Teele: On the motion. Commissioner Gort: Second. Commissioner Toole: We have a second by Commissioner Gort. Further discussion? All those in favor of the motion, say "aye." The Commission (Collectively): Aye. 177 December 11, 2001 • • Commissioner Teele: All opposed? And would -- we ask the staff to work with the Attorney to draft that motion up so that it can be dispatched in writing to the -- The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 01-1230 A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY URGING THE GREATER MIAMI CONVENTION AND VISITORS BUREAU TO TAKE ALL STEPS NECESSARY TO ENSURE THE IMMEDIATE ASSIGNMENT OF PERSONNEL AND RESOURCES EXCLUSIVELY FOR THE PURPOSE OF PROMOTING THE RACEWORKS RACE MOTORSPORTS EVENTS SCHEDULED IN THE CITY OF MIAMI BEGINNING IN APRIL 2002; FURTHER REQUESTING THAT THE BUREAU RECOGNIZE THE EVENTS AS OFFICIALLY SPONSORED CITY OF MIAMI EVENTS AND APPORTION RESOURCES TO PROMOTE THE EVENTS; REQUESTING THAT BANNERS PROMOTING THE EVENTS BE PLACED THROUGHOUT THE CITY AND NEIGHBORING COMMUNITIES; FURTHER URGING THE BUREAU TO DISSEMINATE INFORMATION TO TRAVEL AGENTS WORLDWIDE TO PROMOTE THE EVENTS; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None Mr. Rollason: Right. We'll do a cover letter to them. From the Manager. Commissioner Teele: Yeah. Now, Commissioner Winton, Commissioner Gort is advising that the DDA has a committee. Would you take it upon yourself to work through the DDA process with the various hotels? 178 December 11, 2001 0 • Commissioner Winton: Absolutely. And we have a board meeting in the morning. Commissioner Teele: Yes. OK. Mr. Rollason. Are we -- I know that 32-A was deferred. Are we still on that mode? Commissioner Sanchez: Yes, sir. Yes, sir, it was deferred. Mr. Rollason: I just want to emphasize here to you -- and Mr. Bermello and I certainly have had this conversation -- that we are concerned with the time line that we're looking at. This particular issue is deferred because of waiting for documents to come back to hit our office to do this. And now, we're up against a meeting in December to come back again. And they're looking to start to do work -- I think your time line right now is December 10th to start doing some work that require this document all to be executed. We have committed our departments, nights, weekends, whatever it takes to turn this stuff around to get it back timely, and we are going to do that. But we also want to emphasize that this ball is not going to go flat in our court, and be up against a time line that now it's hurry up, and it's the City of Miami that is holding this thing up. And we're not going to get in that position. So you all will be kept apprised of what's happening. We'll discuss this when we have the weekly meetings. And we expect to see from our position the tempo to pick up from their position. And we will certainly match that, the same as we did with the NAP (Network Area Point) and many other projects that we have fast -tracked. We can do that here, too. Commissioner Sanchez: And Frank, once again, the City could only do so much. That's all that we could say on this, because, I mean, we've worked very hard. We've worked very hard, and I'm tired of being bullied around, and this is going to go to court, because I know it's going to go to court. And we're going to defend -- we must defend ourselves on this issue, because they're going to take us to court. This is -- Commissioner Winton: You're talking about being bullied by Homestead. Commissioner Sanchez: Absolute -- not by Homestead. By ICS, OK? Commissioner Winton: Right. Commissioner Sanchez: And let me just say something. We have a responsibility here, Frank, and I admire you for sticking up there and saying that, is that we're going to look out for the best interest of the City of Miami. But I guarantee you this much, Mr. City Attorney. If they do file any kind of action against us, we will defend ourselves. And I know that we passed a resolution that we would defend ourselves in-house, if we have to, or even if we have to go to the outside, we should go, because we both have to work together. Your attorneys and our attorneys have to work together, because it's to a point now that we can't back off. We cannot back out of this one or else, you know, we -- You know, we're not going to lose that much. But I can guarantee, you're taking a big risk with the promoters and your clients. Commissioner Teele: Mr. Attorney. 179 December 11, 2001 Alejandro Vilarello (City Attorney): Yes. Just following up on Mr. Rollason's point. I assume you deferred this to the December 11"' meeting. What we really need to do is have that contract ready and in your agenda package in the form that this City Commission is going to approve. So the time frame isn't even until December 11th Mr. Rollason: Right. Mr. Vilarello: It's shorter than that. So if -- Commissioner Sanchez: Mr. Bermello is -- Mr. Vilarello: Hopefully, we can move that along, and it's before the City Commission. That puts us in the best posture to help defend this contract, should it be challenged. Commissioner Sanchez: Mr. Bermello, on the 11th. Mr. Bermello: OK. All right. We don't have any problems with the amendments to the contract. Commissioner Teele: What's the reason for the delay, not taking it up today? Mr. Vilarello: There is no contract before you, and there's two amendments that have been requested by Raceworks, and those have not been incorporated into an amendment to the agreement. Their law firm is working on it, and apparently, it's not ready so -- Commissioner Teele: Their law firm is working on it? Mr. Vilarello: And it's not ready for our review. Commissioner Teele: All right. Mr. Rollason: The other item that we desperately need, and we might as well say it here, is that besides a construction type and chart, we need a critical events schedule for everything that has to dovetail, starting from the race date, going backwards, because many of these things, as we meet, start to impact on the others. It isn't just putting barriers out and erecting a fence. Commissioner Teele: When do you think we can get that, Mr. Bermello? Mr. Rollason: And so we need that critical events schedule, too. Mr. Bermello: Our attorney just told us that we were just waiting for information from the City on language on mechanic's lien, and other than that, we're ready to go. Commissioner Teele: Well, we'll be here for another two hours. Why don't you all see if we can get it up to date, if necessary? I'm not going to ask our City Attorney, but I will say this: 180 December 11, 2001 This item is important, and I, for one, will be willing to come back for a 10 minute meeting any day, any time of the week, as long as the City Attorney says that everything is -- we don't want to come back for a debate, but we certainly are willing to come back before the 11th, if it's necessary to get this done, because I think we all realize that we need to do this exactly right. We don't need to -- Commissioner Sanchez: Rush through it. Commissioner Teele: We don't need to have any pocket items on the contract. It needs to be done clearly and in -- in a manner. But I was asking you to respond to the Manager's request for the critical path schedule that they need that they're waiting for you from. Mr. Bermello: We're finalizing that Bovis is working on that with our staff. And at our next meeting, where Frank, I'm sure, will be at, we will have that done. Commissioner Teele: So when will that be? Mr. Bermello: That's every Wednesday. We meet every Wednesday at 10 o'clock. Commissioner Teele: Well, this Wednesday is the Wednesday before Thanksgiving, so let's try to make sure that we have that meeting. And we -- Mr. Vilarello: Just for the record, there's no request for language from the office. As a matter of fact, we're anticipating the agreement from the firm. It apparently has not been reviewed by Mr. Yanowitch and that's why it hasn't been forwarded to our office. So I'm not aware of any language that they're waiting for from us. Commissioner Teele: All right. Well, the critical thing right now is, is that we're going to go into a Zoning meeting. The attorney will be available, and you and the attorney and Mr. Rollason can meet. We're going to be out here. We need to stay on the schedule. And you cannot presume that your plans will be approved. Now, everything has got to be done by the book since -- Mr. Rollason: Right. Commissioner Teele: And so, you know, we want to work with you, and we need that information. 181 December 11, 2001 • • Mr. Rollason: We've offered to do them in partial sets, to do revisions as they come. They don't have to be complete. Give us something on one leg that we can start to look at, and stamp it and say, this is OK. Let's get the next piece, I mean, we'll do -- (UNINTELLIGIBLE COMMENT) Mr. Bermello: That's exactly how we're doing it. Commissioner Gort: Okey doke. Commissioner Teele: OK. Mr. Bermello: Thank you. Commissioner Teele: Thank you very much. 182 December 11, 2001 Chairman Teele: Are there any requests for deferrals? Everybody's been sworn in. Are there requests for deferrals? Javier Vasquez: Yes, sir. Chairman Teele: All right. Mr. Vasquez: Mr. Chairman and members of the Commission, for the record, Javier Vasquez, with law offices at 15165 Northwest 77th Avenue. Items 10 and 11 are sister applications, and we are working very closely with the neighbors in this community. Without getting too deep into it, we're in the process of promising to come back with cov3nants that are going to satisfy the neighbors. We will be hoping to submit those covenants to the Legal Department prior to coming back for a first reading. And we are also addressing issues that directly affect staff concerns affecting intrusion into this neighborhood. So we are respectfully requesting a 90 -day - Commissioner Winton: And Commission concern. Mr. Vasquez: -- continuance on these two applications, 10 and 11. Commissioner Sanchez: So moved. Commissioner Regalado: Move to defer. Commissioner Sanchez: Second. Chairman Teele: Moved by Commissioner Regalado, seconded -- are there any persons here on these items from the public? Any persons here on Items 10 and 1 I? Commissioner Sanchez: Ten and 11? Chairman Teele: All right. Would you all like to -- there's a request to defer. Commissioner Sanchez: For 90 days? OK. Chairman Teele: Give us your name and address. Are you in support of the deferral or -- 183 November 15, 2001 Anthony Bachan: My name is Anthony Bachan, 4115 Northwest 4"' Street. My property is exactly opposite the proposed site. Met with the property manager yesterday, and I have no objection against the postponement. Chairman Teele: All right. Mr. Bachan: It's just that I need to be informed. The only thing,1 was not informed again about this meeting, other than the sign in front of the property. Everybody else got notices; I did not, which was an issue at the zoning meeting. And, again, I did not get a notice. Commissioner Regalado: Well, Mr. Chairman, that is in my district, so I respectfully request that every neighbor, not only will be notified by the signs, but by mail. If necessary, you know, the NET (Neighborhood Enhancement Team) Office should notify. This is too important of an issue for the neighborhood. I have gotten some correspondence, which I forwarded to the City Attorney. So they need to be notified, not by signs, but directly by letter. Joel Maxwell (Deputy City Attorney): Excuse me, Commissioner. Clarification on that, if I may. If you say "every neighbor," right now the Code requires everyone within 500 feet be noticed, because every notice is rather -- Commissioner Regalado: But he wasn't. Mr. Maxwell: Well, he might be outside the area. When you say -- Commissioner Regalado: No, he's not. He's across the street. Mr. Maxwell: What I suggest that you be more specific. Right now, it's everybody within the 500 feet has to be noticed. You need to be a little more specific as to who should be noticed or we would never know. Commissioner Regalado: Everybody around -- what the Code said. But he's on that 500 feet and he wasn't. So there is a glitch. Mr. Maxwell: Well, could we still -- if you can't put it to 500 feet, then -- Commissioner Gort: Five hundred feet. Commissioner Regalado: Absolutely. Mr. Maxwell: OK. Commissioner Regalado: Absolutely. Chairman Teele: Ladies and gentlemen, what are we going through? It's real simple. The Commissioner is directing that you all check the efforts. Go back in this case. Figure out what went right or what went wrong. Write him a letter. It's no need to talk about it here today. 184 November 15, 2001 Commissioner Gort: That's it. Commissioner Regalado: Just -- Chairman Teele: Please. Write a memo. Commissioner Regalado: --by letter. Chairman Teele: And he's asking -- now, the motion is that thhs be brought back in 90 days. That implies that they'll be no advertising. Now, you may want to amend that to require new advertising. And that means that there's a burden on the applicant. What is the -- Commissioner Regalado: No, Commissioner. I just -- I don't want to place a burden on the applicant. I just want the City to inform the residents -- Chairman Teele: Yeah. But, see, Commissioner, the applicant pays for the notice. Commissioner Regalado: I understand that. Chairman Teele: It's not a burden. It's just -- Commissioner Regalado: No, no, but I understand that. But my only concern -- you see, all the residents, they know about it because it's a very hot topic there. So, my only request is that every resident in a 500 feet area will be notified by letter or, if necessary, in person by the NET Office. Commissioner Teele: But what I'm saying to you, the only way they're going to be notified now is if your motion says "and further requiring additional advertising." Commissioner Regalado: But I don't know -- and the reason -- I don't know if we need to advertise in the paper for the general public. I'm just asking for the residents. And I don't know, the City Attorney, what -- if we do it only by letter to residents, we don't need to do on the paper as we do every time that there's a hearing. Mr. Maxwell: If you are -- if you agree that the notice to all people within five -- all property owners within 500 feet of the subject property is sufficient, then that would be adequate direction to staff. Commissioner Regalado: That's all I want. That's all I want. I don't -- Mr. Maxwell: At the -- Commissioner Regalado: I don't want the re -advertise -- Mr. Maxwell: -- expense of the applicant. 185 November 15, 2001 Commissioner Regalado: -- phase because, you know, it isn't worth it. Why go through the process of the paper and that? I just want the residents and the property owners to get details as to when the next meeting is going to be. Mr. Maxwell: OK. Commissioner Regalado: That's all. Mr. Maxwell: And that would be at the expense of the applicant. Mr. Vasquez: Commissioner Regalado, and we will also go on the record stating that we also will be in contact and make sure that nobody's left out of the process. Commissioner Regalado: OK. Thank you. Hermis Moutardier: Excuse me. Commissioner, I've got a question. I'm the owner of one of the properties and I did receive it. The lady is close to me, she didn't receive it. The other lady who does not speak English, but I will glad to interpret for her, she did not receive it, and we live on the same block. And I've been -- I'm a flight attendant for American Airlines. Sometimes I cannot be attending. But if we don't receive this -- if we don't have enough people to oppose, which I could collect (INAUDIBLE), the signatures -- Commissioner Regalado: Well, I promise you, that is -- Mrs. Moutardier: Nobody is going to be here. Commissioner Regalado: That is my district. I represent that area. Mrs. Moutardier: And I will appreciate -- Commissioner Regalado: I promise you that if we do not have the information that every property owner has received -- Mrs. Moutardier: Right. Commissioner Regalado: -- proper notice -- Mrs. Moutardier: That's what we needed. Commissioner Regalado: -- of the next meeting, we will not go forward with it. I promise you. Mrs. Moutardier: Sir, I will appreciate it, because this has already been denied twice. And I don't have nothing against the gentlemen who wanted to build it, but they have to hear our reasons. We have in the same avenue, almost two lots, empty lots, that perfectly you guys could 186 November 15, 2001 • U go and do your plans on whatever you have to do. We're doing this because you wanted to change it commercial to residential. We have kids. We don't want ambulance being running. Commissioner Winton: Mr. Chairman. Excuse me. Unidentified Speaker: I think we're getting -- Commissioner Regalado: Well, we are going to debate that -- Commissioner Winton: Wait, wait, wait. Excuse me. Chairman Teele: We're way afield now. Mrs. Moutardier: Please. Commissioner Winton: Excuse me. Commissioner Regalado: We are going to debate now -- Commissioner Winton: Mr. -- right. Commissioner Regalado: -- in 90 days -- Mrs. Moutardier: Please, sir. Commissioner Regalado: -- we will -- I'll be checking, and I hope -- Chairman Teele: Commissioner, let me caution you, since the Clerk -- the Attorney won't do his job. Commissioner Regalado: No, no, no, no, no. Chairman Teele: No, no, no. Commissioner Regalado: I know what you are going to say. Chairman Teele: But we are judges in this role. We are not Commissioners in this role. Commissioner Regalado: No, but -- Chairman Teele: We have no business being involved in the notice of this thing. Mrs. Moutardier: But that's -- Chairman Teele: We need to let the staff -- 187 November 15, 2001 • • Mrs. Moutardier: That's our -- sir, that's our legal right as people, that we pay -- Chairman Teele: You're absolutely right, but what we've got to do -- Mrs. Moutardier: -- we pay taxes. Chairman Teele: -- is instruct the staff to do it. Mrs. Moutardier: OK, Chairman Teele: He's taken the personal responsibility of -- Commissioner Regalado: I'll be checking with the staff to see if they did send the notice. Mrs. Moutardier: Sir, Commissioners, all of you, we only need to be notified because we all in this together, and the whole street is opposed. So, as far as we receive notification, we will be here. If I'm not here, my husband will be here. Chairman Teele: Ma'am, would you give us your name and address for the record -- Mrs. Moutardier: Yes, sir. Chairman Teele: -- so we can make sure you get whatever notice -- Mrs. Moutardier: 4101 Northwest 4h" Street, and I am Mrs. Moutardier. Hermis Moutardier. And I own my property for the past six years in the same location. And I received this notice in my office, not in my house. Chairman Teele: All right. Mrs. Moutardier: Do you want that for the records? Chairman Teele: The motion clarified is that the item will come back in 90 days, with additional notice being provided as required -- Mrs. Moutardier: Thank you. Chairman Teele: -- by Code. Mrs. Moutardier: We will appreciate that. Chairman Teele: By Code. Mr. Attorney, is that all right? Mr. Maxwell: Yes, sir. Commissioner Regalado: Yep. 188 November 15, 2001 Commissioner Winton: Second. Chairman Teele: All right. Moved by Commissioner Regalado, seconded. And -- Mr. Maxwell: Are we talking about the second P&Z (Planning & Zoning) agenda in February, Commissioner? Commissioner Regalado: Yes. Chairman Teele: The second PZ agenda in February. Mr. Maxwell: I mean, the PZ agenda of February. Chairman Teele: In February. Commissioner Regalado: Right. Chairman Teele: That's the second PZ agenda item in February. Unidentified Speaker: Thank you. Chairman Teele: All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed say "no." The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-1231 A MOTION INSTRUCTING THE CITY ATTORNEY TO CAUSE AN INVESTIGATION, TO BE CONDUCTED BY EITHER A RETIRED JUDGE, AN OUTSIDE LAW FIRM OR INVESTIGATIVE AGENCY, WITH THE INVOLVED PARTIES BEING SWORN UNDER OATH, REGARDING ALLEGATIONS MADE BY MS. HATTIE WILLIS RELATED TO THE FIRE - RESCUE DEPARTMENT; FURTHER INSTRUCTING THE CITY ATTORNEY TO RETURN IN 180 DAYS WITH A RECOMMENDATION ON MS. WILLIS' CASE AND ON PROCEDURAL AND PROCESS ISSUES, AS MAY BE DETERMINED. 189 November 1 S, 2001 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 190 November 15, 2001 • 0 Chairman Teele: Are there any other deferrals or requests for withdrawals? Commissioner Gort: I request for Item 6 and 7. Chairman Teele: Item 6 and 7. Item 6. Lourdes Slazyk (Assistant Director, Planning & Zoning): Item 6 and 7 are the Miami -Dade Community College land use and zoning change. They're companion items. They were -- this is second reading. Commissioner Winton: Second. Commissioner Sanchez: So moved. Commissioner Gort: Second. Chairman Teele: Moved by Commissioner Gort, seconded by Commissioner Sanchez and Winton. Mr. Attorney, would you read it into the record? Mr. Clerk. 191 November 15, 2001 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 2511 AND 2543 SOUTHWEST 6TH STREET AND 501 SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; 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 October 25, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12157 The ordinance was read into the public record by the Deputy City Attorney. 192 November 15, 2001 • Chairman Teele: Number 7. Commissioner Sanchez: So moved, Mr. Chairman. Chairman Teele: Moved by Commissioner Sanchez. Commissioner Gort: Second. • Chairman Teele: By Commissioner Gort. Would you read it into the record? Is there anyone here that wants to be heard on this item? Mr. Clerk, call the roll. 193 November 15, 2001 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NO. 34 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-1 SINGLE FAMILY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2511 AND 2543 SOUTHWEST 6TH STREET AND 501 SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED ON ATTACHED "EXHIBIT A"; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Was passed on its first reading, by title at the meeting of October 25, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12158 The ordinance was read into the public record by the Deputy City Attorney. Gilberto Pastoriza: Thank you. Chairman Teele: PZ -1. Mr, Pastoriza: Mr. Chairman, can I just thank Mr. Gort for his tenure here. I have enjoyed very much coming before you, sir. Good luck to you. Commissioner Gort: Thank you. Chairman Teele: Thank you. 194 November 15, 2001 Chairman Teele: PZ -1. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -1 is a Major Use Special Permit for the Beacon at Brickell Village Project, which is located at 30 Southeast 8th Street and 830 Southeast 1St Avenue. This is a primarily residential project, 260 residential units, with accessory recreational spaces and 5,745 square feet of ground floor retail space, with 364 parking spaces. This project is located on 8th Street and Brickell Plaza in the downtown area. It's got good access to the People Mover/Metro Rail system. It is a good urban infill residential project. The Department is recommending approval, with conditions. There is one condition I need to modify on the record regarding the Urban Development Review Board. There were some comments raised by the UDRB (Urban Development Review Board) regarding the massing of the parking structure under the building. The Department is recommending that, pursuant to these comments, that the applicant continue to work with the Planning and Zoning Department to address those issues and come back for Planning Director approval of the final solution in response to the UDRB comments. So, condition 12, with the development order, I would amend. Chairman Teele: Are there any persons here in opposition to this? Are there any persons here in opposition? Commissioner Winton. Ma'am, would you like to state your name for the record? Adrienne Pardo: Adrienne Pardo, with law offices at 1221 Brickell Avenue. Commissioner Winton: Move staff's recommendation. Commissioner Sanchez: Second, with conditions. Chairman Teele: Moved and seconded with the conditions. Is there objection? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed? 195 November 15, 2001 The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1232 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE BEACON AT BRICKELL VILLAGE PROJECT, A PHASED PROJECT TO BE LOCATED AT APPROXIMATELY 30 SOUTHEAST 8TH STREET AND 830 SOUTEAST 1sT AVENUE, MIAMI, FLORIDA, TO BE COMPRISED OF A RESIDENTIAL TOWER WITH NOT MORE THAN 260 RESIDENTIAL UNITS, ACCESSORY RECREATIONAL SPACE, 5,745 SQUARE FEET OF NONRESIDENTIAL USES AND 364 PARKING SPACES; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny Winton NAYS: None. ABSENT: None. Chairman Teele: Adrian, wonderful presentation. Commissioner Gort: Great presentation, Adrian. That was good. Commissioner Sanchez: Thank you. Wonderful presentation. Ms. Pardo: Thank you. I spent a lot of time on that. Commissioner Sanchez: Well, you've earned your money today. Chairman Teele; Stayed up all night getting ready. 196 November 15, 2001 Commissioner Teele: Item Number 2. Lourdes Slazyk (Assistant Director, Planning and Zoning): Item Number 2 is the Park Place at Brickell Project. If you may recall, this actually was approved by the City Commission under a concept plan for no more than 840 residential units for the Park Place Project. What's before you tonight is actually a substantial modification to that major use, which was a condition of this Commission, so they could go back and re -design it, and work out the issues with a park that they were proffering on the corner of the property, and re -design it. The project that's before you tonight is 773 residential units, so it's less than what was originally proposed, with accessory recreational uses, 36,540 square feet of retail and other non-residential space, and 1400 parking spaces. The Department is recommending approval with conditions of this project. The conditions are the standard conditions in a major use special permit. And also, because this is a phased project, we would ask that they give us an interim plan for the land that's going to occupy Phase II, in the event that Phase II doesn't happen. Our understanding is that Phase II is the Brickell Avenue frontage, and we want to make sure that what ends up there, if something were to happen to Phase 11, is something that is attractive, an urban plaza or park for Brickell Avenue. Other than that, we recommend approval of the project. Commissioner Teele: Are there any persons here in opposition to this project? Are there any persons here in opposition to this project? (INAUDIBLE COMMENT) Commissioner Teele: Say again? Unidentified Speaker: We want to be heard. Commissioner Teele: Why don't you just come on down. Ma'am, would you just state your name for the record. And you'll be given sufficient time to address all of their concerns. Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at Greenberg, Traurig, 1221 Brickell Avenue. I'm here today on behalf of the property owner, Park Place, LLC. Dr. Robert McCabe: I'm Bob McCabe, 1601 South Miami Avenue, And I wanted to comment - Commissioner Teele: Dr. McCabe, I thought you were here on the digital library. I was staying for -- 197 November 15, 2001 • 0 Dr. McCabe: I was dying to get up. They wouldn't let me. I wanted to comment that this is a particularly sensitive area. You're at what used to be the boundary of the City of Miami. It was called Broadway, and ought to be called Broadway again. And it's a transition to single-family and to the park. This developer put a tremendous amount of time into working with us. I think in that process, the project got enormously better, and that we really appreciate the significant effort. Lots of meetings. And we want to express that appreciation. I'm particularly interested in his interest in doing a circle at that location, which I think would be terrific. So I wanted to say that. And before I sit down, I have to say to Willy Gort, this Commission is operating well, and has been for a couple of years. You made a difference here, and you're going to be missed. Thank you. Vice Chairman Gort: Thank you. Commissioner Tecle: And Dr. McCabe, we appreciate your remarks. And just so that the public knows, Dr. McCabe served as President of Miami -Dade for many, many years, and distinguished citizen. Colin Veater: Good afternoon. Colin Veater, 41 Southwest 18th Terrace. I'm here as President of the South Miami Avenue Homeowners Association. And Bob is one of our directors, as well. We have been working with the developer and the attorney since September of 2000, and our initial opposition to the structure as such was really the impacts, the negative impacts on the quality of life of our neighborhood, residential neighborhood and historic avenue. Specifically, they were density, parking, traffic and the architectural integration to the urban and residential area. We've worked through most of 2001 together, to the County and to the City, trying to get mitigants to these impacts. And although we wish always to get further down the road, we very much appreciate the efforts that have been made by Alan and Adrienne to work out what we hope is obviously a much better project that we can integrate. And part of this whole process, which I appreciate their assistance has been the fact that this area has been planned or zoned in such a way that had some impacts to residential neighborhoods like our own. And we want to appreciate his integration of this project into that phase from urban to residential. But I'd like to bring up the point that we are very supportive, and ask all the Commissioners to support. And I want to thank Commissioner Gort for his revival of the Brickell Village plan last year, and of all the Commission to fund that plan. And I want to ask the support of the Commission to the charette that just took place, which will facilitate further projects and make them much more sensitive to the periphery of Brickell Village. And that's important to us, because a lot of effort and time has been spent by neighbors and by the developer in integrating the project, which maybe these urban designs that are coming mostly from the Planning Department for the future may facilitate the integration. That said, we're obviously in support of the project and want to thank Alan and Adrienne again. Our lawyer has stepped out, but he's asked me to make a statement regarding our support. We support the application and request your approval, but would like to preserve our rights to appeal in the event that the applicant does not comply with its obligation under the settlement. The basis of our appeal would be the inconsistency with the City Comprehensive Plan, and the adverse impacts which staff is required to address under 1305. So once again, I appreciate it, Alan. Thank you. 198 November 15, 2001 Commissioner Teele: Thank you very much for your comments. Commissioner Winton: Have we heard staff's recommendation yet? Commissioner Teele: Yeah. Ms. Slazyk: Yeah. I've given the recommendation. Commissioner Tecle: She's given the recommendation. Ms. Slazyk: With regards to 1305, we have reviewed, pursuant to all of the criteria in 1305, and have found that the project complies with the criteria. Commissioner Winton: And I would also like to say -- And I move this, move that we accept staff's recommendation with the conditions. Commissioner Sanchez: Second. Commissioner Teele: Moved and seconded. Commissioner Winton, Commissioner Winton: I would also like to say that I think that there may be -- this may be an historic moment, because what happened here is that not only was the developer responsive to the concerns of the neighbors, but the developer was also responsive to the concerns of our Planning Department in terms of how this project looks aesthetically, how it interacts with the street. There was just a tremendous amount of appropriate interaction between the developer, the community and staff, And that's exactly the kind of thing that you need, and that's exactly the reason why this whole presentation on the part of the developer is going to take 10 minutes instead of 10 hours. So I appreciate the hard work that you all put into this immensely. So thank you. Commissioner Sanchez: Mr. Chairman. Commissioner Teele: Commissioner Sanchez. Commissioner Sanchez: If I may. When -- you know, it gets harder and harder to develop in the City of Miami. And when you have individuals such as Dr. McCabe get up here and commend the developer, who has a Citywide reputation of being a scholar and a gentleman, a true professional at this, it shows something. You know, through communication, and working together, and sitting down and coming to agreements, this City could move forward. So Mr. Ojeda, I commend you for the reputation you have out there, and I commend you for your professionalism, and also your staff. Thank you. Commissioner Teele: Further comments? This may be a good time, madam attorney, for you to formally introduce the client, since it appears there won't be any eggs or tomatoes being thrown. 199 November 15, 2001 Ms. Pardo: I would like to introduce my client, Mr. Alan Ojeda. He's done an incredible job. And we appreciate working with staff at the City, as well as both the Roads Association and the South Miami Homeowners Association. I mean, it really was a project that we all have spent a lot of time on working with, you know, the past year and a half, two years, and I think it really came together nicely. Commissioner Teele: Mr. Ojeda, welcome. Alan Ojeda: Thank you very much. Alan Ojeda, 848 Brickell Avenue. Thank you very much. Yes, I've tried to be all of us on the same page. I tried to imagine this project 20 years from now, and all of us look backwards and say we are still proud of it, we did a good job. So with that envisioned, is what I think all of this dialogue go, everything. Hopefully, we'll -- in 20 years from now, all of us will look backwards, and all of us will be able to say we made it right. Commissioner Sanchez: I see it's taken an effect on you. I see more gray hairs. Mr. Ojeda: Well, yeah, that's true. Commissioner Teele: Congratulations to the entire team. Mr. Ojeda: Thank you. Thank you very much. Commissioner Teele: All those in favor of the motion to approve with the staff conditions, say f{aye " The Commission (Collectively): Aye. Commissioner Teele: Those opposed have the same right. Congratulations, sir. Ms. Pardo: Thank you. 200 November 15, 2001 • 7_j The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1233 A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO ARTICLES 17 AND 22 OF ZONING ORDINANCE NO. 11000, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MODIFICATION TO THE MAJOR USE SPECIAL PERMIT FOR THE PARK PLACE AT BRICKELL PROJECT, TO BE LOCATED AT APPROXIMATELY 1432, 1438, 1440, 1450 AND 1460 BRICKELL AVENUE, 1435, 1443, 1451-1453-1455, 1465,1475-1477 AND 1485 SOUTH MIAMI AVENUE, AND 1 SOUTHEAST 15TH ROAD, MIAMI, FLORIDA, APPROVED BY THE CITY COMMISSION ON NOVEMBER 16, 2000, PURSUANT TO RESOLUTION NO. 00-1036, TO MODIFY SAID DEVELOPMENT ORDER BY DECREASING THE AMOUNT OF DEVELOPMENT AND ALLOWING A NEW DEVELOPMENT PROGRAM OF 773 RESIDENTIAL UNITS, WITH ACCESSORY RECREATIONAL USES, 36,554 SQUARE FEET OF NON-RESIDENTIAL USES, AND A TOTAL OF 1,400 PARKING SPACES; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L, Winton NAYS: None ABSENT: None 201 November 15, 2001 Chairman Teele: Item Number -- Commissioner Gort: Three. Chairman Teele: -- 3. Lourdes Slazyk (Assistant Director, Planning & Zoning): Item Number 3 is also a Major Use Special Permit, but this one is only for three single-family homes for the Royal Bay Estates Project. It is at 1641 South Bayshore Drive and 1630 Micanopy. The reason this is before you as a Major Use Special Permit is because it's coming in as a Planned Unit Development. This -- the property is big enough to be able to plat into three separate lots so they could do their three houses, but the PUD (Planned Use Development) gives them a little more flexibility in not having to actually adhere to the lot lines and the set backs. What that does, actually, is give more property to the houses fronting Micanopy, and actually ends up with a better project for the developer. The Department is recommending approval, again, with the same conditions in all the Major Use Special Permits. There is an additional condition, since this did go to the Historic and Environmental Preservation Board. It is also an EPD. There were several conditions related to the landscaping: that the applicant replace the row of Royal Palms along South Bayshore Drive with a more informal design; that the applicant ensure that the proposed shade trees do not completely block the view of the house from South Bayshore Drive, and, lastly, the Board felt that tree number 21, as specified on the survey for the plans, not be relocated in order to move a swimming pool away from the north property line. This is not a request that was made by the applicant, so much as, I believe there were some neighbors that wanted a pool to be located further away. And the Board felt strongly that the tree should remain and the pool should stay as the applicant proposed. Other than that, we recommend approval. Chairman Tecle: Are there persons here in opposition to this item? Are there any persons here in opposition to this item? All right. (COMMENTS OFF THE RECORD) Commissioner Sanchez. No, we don't. Chairman Teele: All right. Why don't you give us your name -- Madam Attorney, why don't you give us your name and address for the record, and then you'll be given sufficient time to summarize any of their concerns. Is that fair? Adrienne Pardo: Absolutely. Chairman Teele: OK. 202 November 15, 2001 Ms. Pardo: My name is Adrienne Pardo with law offices at Greenberg Traurig, 1221 Brickell Avenue. I'm here today on behalf of World Bay Group, LLC (Limited. Liability Company). And with me today is one of the principals, Mr. Robert Thorne, as well as the architect, Hector Valverde, and the landscape architect, Elizabeth Newland with Bermello & Ajamil. Chairman Teele: All right. The applicant will be given sufficient time to summarize all of the comments that are made by yourself and others. Tucker Gibbs: And I'm not in opposition to this project; however, I -- Chairman Teele: Just your name and address for the record, and go right ahead. Mr. Gibbs: Sure. My name is Tucker Gibbs. I represent the (INAUDIBLE) Manors Homeowners Association. I'm not speaking necessarily in opposition, but I want to put some items on the record to explain our position and our support of this project. Over a year ago, these five people came and spoke to the Coconut Grove Village Council about placing a Planned Unit Development, a PUD, within an R-1 district, with an SD -3 overlay. And what that is -- actually, it's a single-family district, which has an overlay district that talks about preserving natural features and the duality of life in that particular neighborhood. That property and that zoning allows three units for that particular piece of property. Well, a PUD allows up to nine units an acre, and PUDs are allowed in residential districts. And what people do when they want to place a PUD in a residential district, it basically increases the density without having to replat, and that's a concern to this neighborhood. It's not only a concern to this neighborhood, but Dr. McKay will tell you it's a concern in his neighborhood, and I think about four other neighborhoods that he's just talked to recently within the City of Miami. And for that reason, my clients fought the concept of a PUD here. However, we did enter -- we did come to a compromise where we agreed that if they built only three units, which is what is allowed under the zoning, we would not oppose, and we would support their project. And, therefore, we do support the project. However, we also met with Ana Gelabert and the Planning Department regarding an ordinance within the City of Miami to prohibit Planned Unit Developments in R-1 neighborhoods, because, as I said before, those developments unfairly increase the density in R-1 neighborhoods beyond that which is what is allowed under the Zoning Code. And for that reason, we're supporting it, with the understanding that the City of Miami is going to be presenting at the Planning Board meeting in January, I think, an ordinance to prohibit PUDs in R-1. And I just wanted Ana Gelabert, who's the Planning Director, to confirm that on the record so we know that we can expect it to happen then, if I could. Ana Gelabert (Director, Planning & Zoning): Ana Gelabert, Planning and Zoning. We will be coming to the Planning Advisory Board with an ordinance on the PUD in January. That's what we're expecting. Commissioner Sanchez: All right. 203 November 15, 2001 Ms. Gelabert: And we have met with both Dr. McKay and Mr. Gibbs on the matter, and there's some issues that we just need to resolve. But we will be back on PAB (Planning Advisory Board) for the PUD, and the City Commission in February. Joel Maxwell (Deputy City Attorney): Mr. Chairman. Commissioner Sanchez: Mr. Chairman, Chairman Teele: Mr. Attorney. Mr. Maxwell; Just for the record, I just want to point out, though, the decision that you make today will be totally independent of anything that may come before you in the future. Commissioner Sanchez: Point well understood. Mr. Maxwell: Just for the record. Mr. Gibbs. And I -- and we understand that, as well. Our issue was -- and the issue that I think people are going to speak about, who are in opposition, is the precedent that this particular project, being the first PUD in the neighborhood, will mean to the neighborhood. And I want to make it clear -- and I think Adrienne will make it clear, too -- that this PUD is being limited to what is allowed under the Zoning Code, three units, as opposed to the nine units under the PUD. And, therefore, it's our feeling that this is not a precedent for someone to put a nine -unit -an -acre PUD in, because of the restrictions that the developer has allowed himself to put on that property. Mr. Maxwell: OK. But you do understand that there's no quid pro quo? Mr. Gibbs: Absolutely. That anybody can apply for anything. But we want you all to understand, the only reason why this particular association is in support of this application is because it's limited to the exact zoning, which is three units in this area, as opposed to the nine that might be permitted. Commissioner Sanchez: So moved, with conditions. Chairman Teele: All right. We're going to hear from these three fine people. Anthony Pippo: My name is Anthony Pippo. I live at 1639 Micanopy Avenue, directly across the street from the particular property. I'm past chairman of the (INAUDIBLE) Manors Neighborhood Association. I'm presently secretary and still on the board of the (INAUDIBLE) Manors Neighborhood Association. I'm not happy with this PUD. I'm not completely against it, because Mr. Gibbs has convinced us that this is the way to go. What I'm talking about is the provision letter that's going to go along with this, that there will be only three houses built on the property, two of them facing Micanopy, more conductive to the neighborhood area, probably -- and no walls. If they abide by the particular provision, then I guess we can live with this. What concerns me is that we're going to agree to a PUD at this time. There are two or three other 204 November 15, 2001 pieces of property in my neighborhood on Micanopy that, I believe, will become PVDs after this is approved. What guarantee or what consideration are you going to have that this will be the only PUD in our neighborhood of single family houses, a beautiful neighborhood at the time, Mr. Winton? Chairman Toole: That you're going -- we guarantee we got it. You're going to come back and not let us -- Mr. Pippo: I believe I'll be back. Chairman Toole: -- and remind us -- Mr. Pippo: And this went on for almost 14, 15 months, and I think I'll be back very shortly after this, that they'll be more PUDs in our particular single family neighborhood. Chairman Toole: All right. Well, certainly, the one that we're looking at now is this one. And you've agreed that they've made enough accommodations, and they're not exceeding the number of units. Mr. Pippo: Absolutely. Chairman Toole: So you can go along with this one? Mr. Pippo: Yes. Chairman Toole: And we'll wait until the next one, and then we'll give you more time than you need. Mr. Pippo: That's about it. No guarantee, except be back in here. OK. But why don't they guarantee that they have a provision letter that's going along with this particular PUD of three houses, et cetera, et cetera, if they've agreed to -- Chairman Toole: Is there a covenant? Mr. Gibbs: Yeah. That's what he's -- (INAUDIBLE) settlement. Chairman Toole: Mr. Attorney. Mr. Gibbs: They can't consider that, but they have it in writing and signed, so -- Mr. Maxwell: No bearing on your deliberations here, sir, I don't believe. Ms. Pardo: Our application here is only three houses. Ms. Slazyk: The Commission's guarantee is that these are approved per plans on file, which have only three, so -- 205 November 15, 2001 Chairman Teele: All right. Yes, ma'am. Carmen Casal: My name is Carmen Casal. I live at 1632 Micanopy Avenue. I've lived there for 40 years. And I do not agree with the PUD proposal, but have come to accept it as of now. But I just want the reassurance that I'm not going to be here in 14 months, in two years fighting the same thing. There are many homes that are up for sale and people can get to go there. And I need to sale three or four homes at the same time, and then you would have the possibility of adding another PUD to the neighborhood, and I am completely against it. Thank you. Commissioner Gort: By the way, I do have to listen to her. Her husband delivered all four of my girls, so -- Commissioner Sanchez: Her husband what? Commissioner Gort: He delivered four of my girls. Bruce Reep: My name is Bruce Reep, 3530 -- Commissioner Gort: So we've got to make sure she's pleased. Mr. Reep: -- 3530 East Fairview Street. I've been back -- this is not the first time I've been before you regarding PVDs in this neighborhood. We had one on Fairview not that long ago. That is not the issue before you. But one of the nicest arguments that Commissioner Winton gave was that it did not ht the character of the neighborhood. The problem with the PUDs is that you're opening Pandora's box. Your own City Attorney just said that you cannot do a quid pro quo on (INAUDIBLE). My problem is, how will you, as Commissioners, face the numerous units of land that are for sale along Bayshore Drive, which is our historical Bal Harbor's mansion row of the beautiful homes between Bay Heights and 22"d Avenue, and even farther down. How will you all address those developers and tell them "no" legally, on the legal terms, when you've told this PUD "yes?" So, Mr. Winton's argument -- you've told "yes" to this PUD, my -- our problem is that it's a PUD. If you had platted and asked for a replat for three homes, I wouldn't have a problem. But on a legal basis, until the anti -PUD ordinance is passed -- that's only a big "if." It may not get passed -- what can you Commissioners do -- and I don't think you can -- to say to the next guy, it was fair for him, why not to this guy? So -- Commissioner Winton: We don't have to -- we can say -- can't we say "no" to -- Mr, Maxwell: Absolutely, Commissioner Winton: I mean, there's no -- Mr. Maxwell: That's the -- the whole purpose of the public hearing is that you evaluate each application -- Commissioner Winton: Yeah. That's what I thought. 206 November 15, 2001 Mr. Maxwell: -- on its own merit. Commissioner Sanchez: On its own merit. Commissioner Winton: So, then I could tell you, Bruce. I'll answer your question. I'm not going to -- you know, I've said it before. I'm not going to support PUDs going up and down Bayshore Drive. I mean, it's a bunch of baloney. Mr. Reep: OK. Commissioner Winton; In fact, the real fact of the matter is, the bigger problem that we have facing us in Coconut Grove doesn't have anything to do with the PUDs. It has to do with breaking up these lots and putting two homes on individual single-family home lots that are already small, and that's a huge challenge we have coming down the road that's going to -- that has potential to make this pale in comparison. Mr. Reep: OK. Well, you can understand our concerns, why we're against them. We're -- you know, we understand that we are getting the three houses, but -- Commissioner Winton: I got your message. You don't need to -- you know, we're -- Mr. Reep: Yeah. (INAUDIBLE) -- Commissioner Winton: Right. Mr. Reep; -- instead of putting a PUD in our neighborhood. Chairman Teele: All right. Mr. Reep: Thank you. Commissioner Gort: Thank you. Chairman Teele: Thank you very much. Adrian, you have -- Madam Attorney, you have time to put in -- I don't think we heard -- Commissioner Winton: I think we're going to -- Commissioner Sanchez: Yeah. Commissioner Winton: I think that's the only opposition there is and -- Commissioner Sanchez: And it's not opposition. 207 November 15, 2001 Commissioner Winton: -- I'm going to move -- and it really isn't opposition. I'm going to move approval of staff recommendation with all the conditions. Commissioner Sanchez: Second. Chairman Teele: Let me -- Ms. Pardo: Can I just add -- Chairman Teele: -- let me do this, though. Ms. Pardo: Can I just add one thing to the record? Chairman Teele: Hold on. Hold on. Let me do this. Before we take that motion, .we need to give counsel sufficient time to put enough information in the record -- Commissioner Winton: Got it. Chairman Teele: -- based upon what everybody has said -- Ms. Pardo: Thank you. Chairman Teele: -- to rebut. Ms. Pardo: Yes. OK. I would just like to state, with regards to the comments made, the subject property before you is an acre of land, and. I need to clarify that. Pursuant to the City's zoning regulations, one acre of land is allowed to have nine units per acre. But that would mean you'd have to replat it, provided that you could meet the other zoning qualifications, meaning you have to have a certain lot width for those lots, and a certain square footage, et cetera. You could have nine units per acre, and that's pursuant to the R-1 zoning designation. That's why we were able to come in with a Planned Unit Development. We were not asking for nine units originally. When we first filed the application, I believe that it was six units, and we have been working with the neighborhood, the Natoma Group, and the next door neighbors, the (INAUDIBLE) for a very long time, and everybody's been working very hard together, as well as my clients, who have a contract to purchase the subject property. So, as well, the PVDs have been in existence in the City's zoning ordinance for -- I know one that was granted back in 1992, so it may -- obviously, it was even some time before then. This is not setting any additional precedent that wasn't always there. In order to file for a PUD, you have to have a minimum of 50,000 square feet, which is a lot of land. So it's not like any piece of property can come in and request a PUD. And I understand that there is an ordinance in the future that may even, you know, do away with them totally, but each application is reviewed on its own merit. In this particular case, we could have asked for nine units per acre. With regards to replatting it, had we just started a year and a half ago and said, "You know what? We're just going to replat. By right, we are allowed to have three houses." And I think that was the entire issue with the neighbors, that they only wanted to see three houses. If we had replatted it, we'd be entitled, by right, three houses, no public hearings. But we were so far into the process on this particular application that we wanted 208 November 15, 2001 to proceed with the PUD, and there were other benefits that it was just -- it made a lot more sense than spending an additional year going back and replatting this particular property. So, I just wanted this Commission to understand that, you know, if we had replatted it, by right, we would be entitled to three houses. I think you could see it's going to be a lovely development. You only have one home that will be facing Bayshore Drive. The existing drive that is there today will be the drive for this house. There is an existing bluff that will not be touched at all. It will be totally preserved, and we spent a lot of time on that. And then there will be two homes in the rear faced on Micanopy, and each of those homes will both have their own driveways, and they're single-family homes, like every other home along Micanopy. And for all intents and purposes, they have the same square footage and lot size and house size, et cetera, as all the other homes on Micanopy. Chairman Teele: All right. We have a motion by Commissioner Winton. We have a second by Commissioner Sanchez. Is there any need to further discuss this item? Ms. Pardo: Just to input one letter into the record. Chairman Teele: I really want to commend the three citizens that came forward. I appreciate the manner in which you made your comments. All those in favor of the motion say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. The item is unanimously adopted. The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1234 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES S, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE ROYAL BAY ESTATES PROJECT, A PLANNED UNIT DEVELOPMENT PROJECT TO BE LOCATED AT APPROXIMATELY 1641 SOUTH BAYSHORE DRIVE AND 1640 MICANOPY AVENUE, MIAMI, FLORIDA, TO BE COMPRISED OF THREE DETACHED SINGLE FAMILY HOMES; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 209 November 15, 2001 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Ms. Pardo: Thank you very much. 210 November 15, 2001 Commissioner Gort: Mr. Chairman. Chairman Teele: Commissioner Gort. Commissioner Gort: I'd like to ask you if you could please ask the people in the COW (Committee of the Whole) room to come out here, because I have some of my staff are leaving, and before they leave, I'd like to recognize them, please. Chairman Teele: All right. We're going to request everyone in the Committee of the Whole room, eating pizza or whatever, to please come out, all of the City staff, at the request of Commissioner Gort. It's a request. Adrienne Pardo: And if I could just say -- I want to say to Commissioner Gort, that I really enjoyed working with you. And I've known you since I was at the City Attorney's Office. I think you were on the PAB (Planning Advisory Board) Board at the time, and you're going to be greatly missed. Commissioner Gort: Thank you. I'm not going anywhere. Ms. Pardo: Good. Glad to hear that. Commissioner Gort: You guys want to come up here, please? Mr, Chairman. Chairman Teele: Commissioner Gort. Commissioner Gort: You know, I have received a lot of praise from the public and also from the staff and administration of how well my office have worked, and I'd love to get the credit for it, but I have to tell you, the only reason I've done well is because of the staff that I had that have been with me for eight years. And I'd really like to recognize them because I didn't have the opportunity to do so the last time. And beginning with Kim Kennedy, Major St. Elien, Malina (INAUDIBLE), and Richard Kuper. These are the people that made the difference in our office. These are the people who really made it work. [APPLAUSE] Commissioner Gort: And you could not get any more loyal and dedicated people on behalf of the City of Miami. So I want to thank all of you for the work you've done, and I'm sure this administration and the citizens are grateful to you. Thank you. [APPLAUSE] Chairman Teele: Thank you very much, Commissioner Gort, 211 November 15, 2001 Chairman Teele: I don't -- where is the City Attorney? We've had a hiring freeze on in the City for how long? Six months? Carlos Gimenez (City Manager): Since we received word on the Third DCA (District Court of Appeals), a ruling on the parking surcharge. Chairman Teele: I don't think it's good policy for the Commission to deal at all in personnel, but I do think those persons that have tremendous skills and -- in the County, we had something called a Personnel Pipeline Committee. And people that had worked -- that were in a position that had worked in the County for more than a year, when there was a change, et cetera, were put in the Pipeline. They were on sort of a Manager's budget or a reserve budget until something that was comparable -- and I don't know if the City has a Pipeline Committee or has formulated a formal process as they do in the County. Mr. Attorney, I would appreciate if you would get the AO -- the Administrative Orders and the ordinances that govern the Pipeline that are over there. But I think it would be a shame if we use -- if we don't retain good people that have worked in the City. Just learning all of the names in the departments is hard enough. I still can't get some of them right. So, I would certainly encourage the management to work with both the Mayor's staff and Commissioner Gort's staff in pipelining or finding the right person for the right job. And, you know, attitudes and a lot of things come into play, but this is before a holiday and it would really be good if the Manager's Office could work with us in the budget so that we could have people in a pipeline process, because we've got some good people here, as Commissioner Gort has outlined. Mr. Gimenez: Commissioner -- Mr. Chairman, we are doing just that. And the hiring freeze is not a solid rock hard hiring freeze. It's a modified hiring freeze, and we're working -- Chairman Teele: But see, I was saying the hiring freeze helps everybody that's here now because they're already hired. So I was using the hiring freeze as a net. But whatever you could do, we certainly -- all of us would appreciate it. Mr. Gimenez: Yes, sir. We're working with (INAUDIBLE) Chairman Teele: All right. 212 November 15, 2001 • • :OFFICIAL VAG TO1 �QSLL EY L;�,"WB SAYE BQIJLEV AiDC�IJ�'OO�NAAveH N REE'fi Antl s BIS Mara ezrl, .contract I'Shaser Commissioner Gort: PZ -4. Chairman Teele: PZ -4. Commissioner Regalado: I'll move that item, if Johnny is not here. Commissioner Sanchez: Second. Chairman Teele: Moved and seconded. Is there objection? All those in -- is that an ordinance or a resolution? Commissioner Regalado: It's a resolution. Chairman Teele: All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed have the same right. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 01-1235 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF AN ALLEY PARALLEL AND BETWEEN BISCAYNE BOULEVARD AND NORTHEAST 2" COURT, 200 LINEAR FEET SOUTH OF NORTHEAST 24TH STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." 213 November 15, 2001 11 0 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Johnny L. Winton 214 November 15, 2001 • Chairman Teele: Excuse me. PZ -5. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -5 is an appeal of a variance that was denied by the Zoning Board. The Planning and Zoning Department is also recommending denial. Since this is an appeal, I don't know if you want to hear from the appellant first. Chairman Teele: All right. All right. Just hold on until you get a mic, sir. 215 November 15, 2001 • Commissioner Winton: Mr. Chairman. Chairman Teele: Yes, sir. • Chairman Winton: I'm sorry. I had stepped out. I had my kids call me, so I had to step out for a moment. We just did PZ -4? Chairman Teele: PZ -4 was the item done. Yes, sir, It was approved. Did you want to be heard on that one? Commissioner Winton: Yes, I do. Chairman Teele: All right. Motion to reconsider by Commissioner Gort -- Commissioner Gort: Move it. Chairman Teele: -- and seconded -- Commissioner Sanchez: Second. Chairman Teele: -- by Commissioner Winton. Is there objection? All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: Those who oppose have the same right. The following motion was introduced by Commissioner Gort, who moved for its adoption: MOTION NO. 01-1236 A MOTION TO RECONSIDER VOTE PREVIOUSLY TAKEN ON AGENDA ITEM PZ -4 (PROPOSED OFFICIAL VACATION AND CLOSURE OF ALLEY PARALLEL AND BETWEEN BISCAYNE BOULEVARD AND N.E. 2ND COURT). 216 November 15, 2001 Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Chairman Teele: OK. PZ -4 is back before us. Commissioner Winton: OK. The issue here is this: Now, I don't know what the project is and I don't know what the project's going to be. But if we're going to close an alley, that gives us one opportunity and one opportunity only to -- we have great leverage when government is taking that kind of step. It is great leverage in terms of what we think we want or what may be appropriate or inappropriate for the site. You can't do the same thing to that site if you don't close the alley. So the developer could do whatever they want with the alley in place, but they can do something very different if we close the alley. So what I want to make sure of here is that, from our standpoint, we've taken the appropriate steps we need to take to protect what we're trying to -- or to better support our position in terms of, in the future, having that site developed in the manner that we think is appropriate for that particular location. You understand what I'm saying? Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. Yes, I do. In this particular case, the alley closure that they're seeking -- the project that they want to put on there happens to require special exception. And we have been meeting with them and the project has been redesigned substantially. But the special exception became the tool we used rather than an alley closure. But, yes, I understand what you're saying. Commissioner Winton: Well, isn't this going to be a self-service storage facility? Ms. Slazyk: It was a mini -storage, but what we -- what -- through meeting with the developer, we requested they put ground floor retail in, that it not look like a mini -storage, they have windows up above. And through the special exception and the design review process of the special exception, they have modified the plans so that we now have retail on the ground floor. But it, you know -- but, yeah, the special exception became the tool because that's where we reviewed the adverse impacts of a proposed project. Commissioner Winton: And is self-service -- Ms. Slazyk: No. There's no project before you now. What's before you now is an alley closure. 217 November 15, 2001 Commissioner Winton; Well, that's part of my point here. Ms. Slazyk: Yes. Commissioner Winton, I mean -- you know, you jump to this spot here and we've lost whatever leverage we want, at some point, down the road. And, you know, could you build a self-service storage facility on -- and put it on Biscayne -- this fronts on Biscayne Boulevard, right? Ms. Slazyk: This fronts on the Boulevard. Commissioner Winton: So, if we didn't close the alley, could you build a self-service storage facility there? Ms. Slazyk: The zoning allows it. Without the alley closure, it would not have the same footprint. It wouldn't have the same configuration that the final project is going to have. But it just so happens that in order to do a mini -storage facility, you need a special exception. So, through the special exception process and the design review process, we have been meeting with the applicant to get a better building, being that it does front on Biscayne Boulevard and we wanted retail on the ground floor. Commissioner Winton: I'm sorry. Joel Maxwell (Deputy City Attorney): As pointed out by staff, the use -- the specific use of the property will come back to you under request for a special exception in this particular case, Ms. Slazyk? Ms. Slazyk: Yes. This is coming through -- Mr. Maxwell: That -- Ms. Slazyk: It also is an SD -20, so there's a Class H. Mr. Maxwell: All right. Ms. Slazyk: So, we have design review rights at a minimum. Mr. Maxwell: All right. That would be the time to address the issues of the self -storage facility or any other use they want to (INAUDIBLE). Commissioner Winton: Then why wouldn't we take this issue up at that point in time? Mr. Maxwell: Well, they could have included that at the same time, but you still would have considered it separately. See, street closure is one thing, and then the permit that they would need is, yet, something else. Chairman Teele: Yeah, but I think Commissioner Winton -- 218 November 15, 2001 Mr. Maxwell: Like there are different criteria -- Chairman Teele: I think Commissioner Winton is correct. These things will be considered separately, but they should come up at the same time. Ms. Slazyk: Right. A special exception, though, wouldn't come before this Commission unless it were appealed. And they have the right to file for the alley closure separately, because that does have to come to the Commission. And that was the option they chose, because there's no guarantee that the special exception will be before you. It all depends if somebody appeals it. Chairman Teele: You know, I just -- I have to say this in support of what Commissioner Winton has said. This City, for so long, has let property owners and people that are competently represented come by and do all sorts of things that are really not in the public's best interest or where we're trying -- and that's not to say that this is not in the public's best interest. But we have no idea what is going to happen. And I think, you know, we don't have to grant an alley closure, do we? Is that something that we are -- Mr. Attorney, is that something we are obliged to do? Mr. Maxwell: Close a street? Chairman Teele: Yes. Mr. Maxwell: No, not unless you find it's in the best interest of the City. Chairman Teele: Well -- Mr. Maxwell: You have to make that finding. Chairman Teele: And that's the point where I think we just sort of stopped. We're not -- you know, there's got to be a little bit more to it here than the way this is being presented. Why should we do it? Commissioner Winton: I think that the Attorney would like to say something. I'd like to hear what she has to say. Vicky Garcia -Toledo: Yes, absolutely. I would be happy to do a presentation and talk about -- and speak to the project that my client is proposing to build there, if there is no objection from the City Attorney. Clearly, as the staff told you, the use is permitted in this district. It is permitted on Biscayne Boulevard, subject to a special exception. The special exception is to the appropriate process by which that design is looked at. But I do agree, it would not be coming in front of you. It is only required to go to the Zoning Board. Commissioner Winton: Can you show me where the alleyway is on that site? Ms. Garcia-Toldedo: Absolutely. 219 November 15, 2001 Commissioner Winton: Well -- no. I'd like to see it -- just kind of show me -- you know, put it back up there and just kind of -- Ms. Garcia -Toledo: (INAUDIBLE) Commissioner Winton; No wonder I can't see it on there. Ms. Garcia -Toledo: Commissioner, this is the survey of the property north to the to�. This is Biscayne Boulevard. The alley that we're talking about is an alley that runs from 24` Street on the north, south to another cast to west alley in the center of this city block. The alley -- first of all, the alley only exists in paper. It is not an improved alley. It does not exist there. There are structures across that space. Commissioner Winton; Could I interrupt you for a second? Ms. Garcia -Toledo: Sure. Commissioner Winton. Because it's the point that I'm.making. Here's where the alleyway is. It's in the middle of the site. You cannot build this project the way they're about it, unless we vacate this alley. So the issue here, in my mind, is whether or not, from a public policy standpoint, we really want that kind of development on that site on Biscayne Boulevard. And while they may be able to still do the same kind of development because Zoning allows it, it may not fit. And so, you have to go to another use. And so that's the whole point I'm driving at here. And what we're doing, from a public policy standpoint, is just simply saying, "Well, that's OK. You know, it's zoned and let's go ahead and do it." And I'm saying, let's not jump so quickly, from a public policy -- and I don't -- you know, I'm not trying to pick on these folks, at all. But from a public policy standpoint, we need to answer the question: Is this what we want and is this what we want Biscayne Boulevard to look like? And I'm not sure it is what we want Biscayne Boulevard to look like, at all. And so, we ought to work to take every step we can to get what we want there, particularly when we have leverage, and the leverage is closing the alley. Chairman Teele: But Commissioner, may I just inquire about this, before the Attorney? I hear exactly what you're saying, but I'm not prepared to say that a use that otherwise is permissible is something we want to block. Because, see, that's what gets us into the "a man's house is his castle" kind of thing. I mean, if the use was a permitted use -- I mean, how do we get the -- it seems to me like what you're really wrestling for are design standards, which, under the procedure, we don't get unless there's an appeal. Is that -- Mr. Attorney, is that sort of the box we're in? Mr. Maxwell: Generally speaking, special exceptions only come to you on appeal. There are exceptions. I don't think this would be one of them, so it would have to be appealed to come to you. Chairman Teele: Could they voluntarily bring it? 220 November 15, 2001 Mr. Maxwell: No, sir. I don't think -- because you wouldn't have jurisdiction at that point. Ms. Garcia -Toledo: May I make a suggestion here? This has to come -- the plat portion of this has to come to you again. Today is just the street closure. The street closure is good for three years or you have to come with a final plat within those three years. Actually, we should be back here with a final plat for you within the next two to three months. In that time, the special exception will be heard by the Zoning Board. The design reviews will be, you know, completed by your staff. We certainly can show you, at that time, the project that has been approved by the Zoning Board in a special exception, and you still have the option that if you approve the street closure today but do not approve the final plat, then, in three years, your closure of the street reverts itself or voids itself. Commissioner Winton: What rights would we have not to approve the plat, though? I mean, I've never been here -- Ms. Slazyk: I think, once it meets all the technical requirements, it's more difficult. Mr. Maxwell; I'm sorry. At one point, plat approvals were considered ministerial in nature, meaning you had very little say-so once all the technical requirements were met. The courts have somewhat moved away from that now because they've found that plat approvals, among other things, are also quasi-judicial in nature. That means that you have to also find, as with this one, that it's in the public's best interest there, and that you would have to have a record if you decided to turn it down. There would have to be a significant, a substantial record to support that action. If I may also move a little further on that, Commissioners. I'm a little concerned about the record that's being built now on this particular item, and some of the statements that have been made and the nexus that's been drawn with this street closure application and speculative development that may come before you at some point in the future. It's not definite. I would suggest to you that if you -- you should consider this on its own merits, or the item can -- I don't know how long we're talking about. The item could be continued and it could be brought up at some point in the future together. But you should consider this based on the criteria for street closures and not some development that may come. Because you -- one of the comments that was made was that, you know, this is the best time we have for leverage on things like that. Those kind of comments can be troublesome. So I would suggest that -- as you look at the first page of the resolution, it talks about findings of the Public Works and the Plat and Street Committee and so forth. And it also says, "The Plat and Street Committee has reviewed this, subject to the plat, and determined that all technical requirements have been met and vacation of subject right-of-way would benefit the general public." The City Commission also finds it's in the best interest (INAUDIBLE) -- Commissioner Winton: Well, that's OK. I'll (INAUDIBLE) Mr. Maxwell: It says that, but you -- it's not just boiler plate. It's something that has been -- you could find that it doesn't, but you would have to have a record to support that. 221 November 15, 2001 Ms. Slazyk: Right. Instead of relating it to the use, you have to look at what the street or alley closure would do to the configuration of land. It would, you know, amass a bigger piece of land, bigger footprints, you know, other reasons why. Commissioner Winton; Well -- Ms. Garcia-Toldedo: If I may, Commissioners? Commissioner Winton: I'm sorry. Ms. Garcia -Toledo: Commissioner, I also would like to say that we did meet with the concerned citizens of Edgewater and they're in support of this project. I should also tell you that we have submitted, as part of the application, and I believe at the Zoning Board, a petition of property owners in the area who also support this. And right now, we have -- the properties that would be demolished in order to accommodate the future development of the site have very lengthy history of Code enforcement violations and police problems. And, in fact, I think it was at the Zoning Board level, the NET (Neighborhood Enhancement Team) Administrator and a couple of the inspectors came in support of this project. Chairman Teele: Mr. Chairman -- Commissioner Winton, you know, the Attorney is telling us something and maybe we need to heed it. Isn't there -- let me just ask a question. Let's look away from this one. Can we revisit instructions to Public Works, outside of a specific application or outside of the zoning -- this board process, in the context of a Commission meeting on a different criteria to bring street closure -- alley and street closure? Mr. Maxwell: Yes, sir. Chairman Teele: I think we may have impregnated this record enough that I want to support this. And what I'd like to do is let this one be used as a training, and then let's set up for the next agenda, Commission agenda, a discussion on alleyway closings and a policy discussion on that. That may be the best way to handle it, Commissioner. Commissioner Winton: The point that -- I agree with that. The point about the number of properties that are going to be torn down here, has there been any review by our -- Commissioner Sanchez: Historic Preservation? Commissioner Winton; Yeah, right. Ms. Slazyk: Any of the properties -- Sarah Eaton happens to be here. I'll let her answer. Commissioner Sanchez. Historic Preservation, Commissioner Winton: Right. Thank you. 222 November 15, 2001 Sarah Eaton: Sarah Eaton, Preservation Officer. Yes. As a matter of fact, the buildings on this site were evaluated as part of the Wynwood Tower Project, which involved federal funds, and required an analysis of buildings that may be listed and/or eligible for the National Register. Three very significant buildings are located on that property. Two apartment buildings facing Biscayne Boulevard and one very significant bungalow facing the street immediately west. I forget which avenue it is. And those buildings and the entire neighborhood have been determined eligible for listing in the National Register, ChairmanTeele: I just think -- Commissioner Winton: Let me ask this question a little -- and I understand the point that our City Attorney has made. What's the next step we have? There is not going to be necessarily any other review that this Commission has of anything tied to this site; is that correct? Is that what was said? Ms. Slazyk: The final plat would come. Commissioner Winton: The final plat, but us having any -- you know, anything that we can do about that is probably slim to none. Mr. Maxwell: They're coming to develop the site. It depends on what the development request is. Commissioner Winton: Can we -- I would like to -- frankly, I would like to defer this because I haven't seen the site. I don't know the apartments, nor the bungalow back there. And I would like to see what's on that site before we make a decision here, because -- well, I would like to see those properties before we make a decision. Chairman Teele: Commissioner, I'm going to tell you something. With these quasi judicial forums you're sitting in, it's sort of like a judge saying, "I want to go back and look at the evidence and then I'll come back out." We've gotten too far on this one, and what we need to do is give some clear instructions on the things that you're talking about to the Public Works Department, that they will have to include in their applications for closure and all of those kind of things, historical. But for us to say -- or for you to say on the record, you want to see it and -- Commissioner Winton: And we're not allowed to do that? Mr. Maxwell: Well, site visits are permitted, but they would have to be totally noticed and so forth and part of the -- Chairman Teele: The record. Mr. Maxwell: -- record process. Commissioner Winton: But how would 1 know that until I see it -- until this comes before me at the agenda? I mean, it isn't as though I -- 223 November 15, 2001 u Ms. Slazyk: Could we bring photographs or put them in the package? Commissioner Winton: Huh? Ms. Slazyk: Could we bring photographs? Commissioner Winton: Well -- but that's not the point. This is a technical question here. I have no way of knowing anything about this until they deliver the book. And if I don't read the book until the night before, I don't know anything about it, so I can't go see the site ahead of time. I could only go see the site once this thing comes before us. Chairman Teele: That's one of the real constraints of a Jennings decision. But we sit here, not as Commissioners in zoning, we sit here as quasi judicial officials, not as legislators. And it's just like a judge or a jury: If anybody goes -- it's got to be based, as this Iawyer -- as our Attorney keeps saying -- based upon the record before. It can't be based on a conversation that someone has in our office or a site visit that we do and all those kinds of things, Commissioner Winton: Well, if that's the rule, then I can't support this. So I would be moving a motion to deny staff's recommendation for approval of the alley closure. Chairman Teele: You don't want to do that. This record -- Johnny, you don't -- Commissioner Winton: I mean -- what's the -- Mr. Maxwell: A motion would be considered by the City Commission. The question is not whether the City Commission can vote "yes" or "no." The question is whether or not, once you vote "yes" or "no," it could be defended. And right now, I believe I heard staff say that they were in favor. They were recommending approval. I haven't heard -- there's no competent evidence on the record, I must say, right now that would support the Commission's action for denial at this -- did she -- did you say that you -- right now, I didn't hear anything on the record that would support that. So, yes, the Commission -- to answer your question, the Commission can vote "yes" or "no" on anything. The question is whether or not it's defensible. Chairman Teele: Is there another motion? Commissioner Winton: Well, that one died from lack of a second. Chairman TeeIe: That one died for a lack of a second. Is there a motion? Commissioner Sanchez: Mr. Chairman, if I may, if I may. And we've got to clarify this, being that we are quasi-judicial here. We have to go based on the facts that are presented to us here. And I understand that -- Mr. City Attorney. Mr. Maxwell: Yeah. One thing -- if I may, Commissioner? 224 November 15, 2001 Commissioner Sanchez: Sure. Go ahead. Mr, Maxwell: The question was just asked about (INAUDIBLE). I didn't say that Commissioners cannot -- under the Jennings Rule, site visits are permissible. The thing is, the record has to be abundantly clear that you did that. And you have to put it on the record that you did go out to the site, if you went out to the site. It should be noticed if you -- more than one Commissioner is going. If this -- I think you originally said, "This Commission go out to the site." OK. If you go out -- if you happen to go out to a site, certainly, you couldn't talk to anybody out there if you were out there. Commissioner Winton: I know that. Mr. Maxwell: Because that's ex parte communication. And you would have to put it on the record, at the time of the public hearing, that you did go out to that site, that you viewed it and you -- Commissioner Winton: We're not talking about "did." I can't "did" because did's past. I could only do it in the future. Mr. Maxwell: Well -- Commissioner Winton: I can't do it until I get the damn book. Mr. Maxwell: Well, if the item was -- Commissioner Winton: And so I can't do it before we come to a Commission meeting. I could only do it once we get here and say, "I want to go do that." Mr. Maxwell: Well, then you would have to continue the item in order to do that. Commissioner Sanchez: No, Commissioner Winton: Well, all right. Here's another motion. I move to continue the item to -- continue it to a date specific, right? Ms. Slazyk: I think this is -- Commissioner Winton: So whenever the next P&Z (Planning and Zoning) deal is? Ms. Slazyk: December 11t1i is the next P&Z. Commissioner Regalado: December I Vh or the 13'1i9 We have two meetings. Commissioner Sanchez: We have two, Chairman Teele: The 11'1' 225 November 15, 2001 Dena Bianchino (Assistant City Manager): Eleventh. We're going to try to do the P&Z items on the 11 `h. Mr. Maxwell: Well, I think you specifically -- you continued this. You establish that date you -- you should have said what date was the P&Z agenda. So, is it the I Ith or 13th9 Commissioner Winton: (INAUDIBLE) you know, continue to whatever the next P&Z agenda date is. I don't know what the date is. Mr. Maxwell: The 11 th Ms. Slazyk: December 11th Mr. Maxwell: OK. Commissioner Winton: A bunch of big champions here in my district, by the way. Commissioner Sanchez: Well, Mr. Chairman, just once again, analyzing the facts that are presented in front of us, it is permissible use. It is recommended by the City staff. I'm looking at the records here. Zoning Board recommended approval to the City Commission vote six to three. Based on the facts and the statements made here by the City Attorney, I am prepared to move this for approval. Chairman Teele: Motion. Is there a second? Commissioner Winton: But these things have a way of coming back around. Commissioner Sanchez: OK. Johnny, go ahead. Move for -- Chairman Teele: Well, why don't we move -- why don't we do this? Commissioner Sanchez: No, no, no, no. Move to -- Commissioner Gort: Second, Johnny. Chairman Teele: Move to defer the item -- Commissioner Sanchez: (INAUDIBLE) the item -- Commissioner Gort: Continue. Chairman Teele: -- to the 11th of December. But, Commissioners, I think we need to make sure that we get a copy of this record, because I'm going to be hard pressed, based upon the record that helped create, which is not a good record, to vote other than to support the staff recommendation in this case. But I will say right here, right now, we need to give staff a lot 226 November 15, 2001 0 more information about any more alley closures and street closures. And we need to straighten it up, I think, and we need to do that perspectively, not -- Commissioner Regalado: And, you know -- Commissioner Sanchez: Come on. Ms. Garcia -Toledo: Maybe I have a suggestion. Commissioner Regalado: Johnny, I -- Commissioner Sanchez: There's a motion to defer and there's a second. Call the question. Ms. Garcia -Toledo: Maybe I have -- Chairman Teele: Is a deferral OK with you all? Ms. Garcia -Toledo: I have a little bit of a problem with the deferral. But maybe what we can do, voluntarily, is that we will tie our site plan to the final plat, so that when we come back to you with the final plat, we will have an approved project and we will voluntarily proffer to build the specific project on the site. Chairman Teele: Commissioner -- Commissioner Winton: OK. I'm sorry. I didn't hear that. He was -- Chairman Teele: She's proffering, in lieu of the deferral, that they will proffer here and now to put the site plan with the plat, so that the plat will come with the site plan and, therefore, we can act on the site plan as well as the plat, which is a brilliant way, I think. Commissioner Winton: Yeah. Commissioner Regalado: And that will give you -- the reason -- Commissioner Winton: Right. I'm liking that. Commissioner Regalado: The reason I'm for the deferral and the reason that I support this, Johnny, is because I think that you, as any other of us, should be afforded the possibility of going there and seeing because this is your district. I mean -- and, you know, the people -- you are accountable to that people and -- but the way she's doing it, if you're OK -- Commissioner Winton: I'm OK with that. Commissioner Regalado: OK. Chairman Teele: OK. So there would be no -- motion to defer is withdrawn. 227 November 15, 2001 Commissioner Winton: Right. Chairman Teele: And there's a motion to approve with the requirement that the plat -- Commissioner Gort: With the volunteer -- Chairman Teele: To accept the proffer -- Ms. Garcia -Toledo; Voluntary proffer. Chairman Teele: To accept the voluntary proffer that the plat, when it's filed, will include a site plan. Commissioner Gort: Second. Commissioner Regalado: Second. Commissioner Winton: First. Chairman Teele: OK. Is that acceptable to everyone? Thank you again. All those in favor say «aye r9 The Commission (Collectively): Aye. Chairman Teele: Those opposed? The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1237 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF AN ALLEY PARALLEL AND BETWEEN BISCAYNE BOULEVARD AND NORTHEAST 2ND COURT, 200 LINEAR FEET SOUTH OF NORTHEAST 24TH STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." 228 November 15, 2001 Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Chairman Teele: And Mr. -- Madam Manager, can we put on the agenda for the 11" a discussion on street closures and alley closures? Commissioner Sanchez: Absolutely. Chairman Teele: And have the attorneys to work with us to try to develop a little bit better kind of background and criteria and staff instructions before you even come to us with that. Ms. Bianchino: Yes, sir. Commissioner Gort: Mr, Chairman. Chairman Tecle: Commissioner Gort. Commissioner Gort: I didn't want to bring it up during this hearing because what you stated before, but my understanding is -- and correct me if I'm wrong -- we could pass this closing of the alley today and they could come back and do whatever they want later on. Ms. Slazyk: Well, they still need a final plat. They could do anything allowed in C-1 -- Commissioner Gort: I understand. They could do the plat, but it's not -- it doesn't have to go with any particular project. Ms. Slazyk: Right. Commissioner Gort: And this is what I think the Commissioner's worried about. If we do that and it's because we're doing it because of a commitment to certain projects, somehow it should be tied up. Ms. Slazyk: Right. Chairman Teele: Because you could flip it or dah, dah, dah, dah, dah, dah, dah. 229 November 15, 2001 0 • Ms. Slazyk: The other safeguard, though, for this particular property is that there is an SD -20 designation on it. So at a minimum, even if it wasn't a mini storage or anything that needs a special exception, they would need a Class 11, so the design review will happen anyway. Chairman Teele: All right. Ms. Slazyk: No matter what. Chairman Teele: All right. Next item. Ms. Garcia -Toledo: Thank you. Chairman Teele: Congratulations. You were well -represented today. 230 November 15, 2001 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -5 is an appeal to a variance that was denied -- it's an after -the -fact variance, by the way -- that was denied by the Zoning Board for a single-family residence for setbacks. It requires 20 in the rear and they're only providing seven, and it requires five on the side yard and they have 4.3 feet. Chairman Teele: What's the staff recommendation? Ms. Slazyk: Staff recommendation is for denial of the variance; therefore, denial of the appeal. Chairman Teele: All right. Commissioner Regalado: That's in District 4. Chairman Teele: Sir, give your name and address for the record. Martin Beguiristain: Martin Beguiristain, 13368 Southwest 128th Street, Miami, Florida. I represent Mrs. Del Calvo in this matter. Commissioner Regalado: Are there any neighbors -- because I did event to see that property. It's on the record. Joel Maxwell (Deputy City Attorney): I'm glad I said what I said earlier. Commissioner Regalado: Although, I don't know that family. I just saw -- I don't know whoever it is, but I just saw the property. Now -- Mr. Maxwell: Now, you've said you've gone out there, so you need to say what you observed. Place it on the record and give them the opportunity to respond. Commissioner Regalado: What I observed is -- I didn't go into the house. I didn't into the backyard. I just stood on the sidewalk and saw the property. What I saw is not illegal units, but just part of a house. I don't know what they have in the back, but it's not your regular illegal units where you have people living that are not from your family. And it seems to me that there is no overflow of cars and other inconvenience to the neighborhood. So I don't know what are the reason -- I don't -- gentlemen, what it's going to do, but I will move to accept the appeal of the -- Commissioner Sanchez: No, no, no. 231 November 15, 2001 Chairman Teele: Hold it. You can't do that until the public has had a chance -- Commissioner Regalado: Right. But I'm just saying what I'm going to do. It's not -- Chairman Teele: All right. Commissioner Regalado: I'm saying this on the record because what I saw, Chairman Teele: But -- Commissioner Regalado: The public -- we need to hear from the public and the staff. Mr, Maxwell; Yeah. Commissioner Regalado: And the person representing the public. Chairman Teele: All right. Are there persons here on this item? Are there any persons here on this item? All right. Commissioner Regalado: Was these people noticed, the residents? Ms. Slazyk; Yes, notice was sent. Chairman Teele: All right. Sir, you want to give us your name and information -- you gave us your name. You want to make your case in about three minutes, two minutes. Mr. Beguiristain: I'll make it in about two minutes. Basically, it is a building. There is an extension on the house, which is a room that family members do live in, have lived in. There has been four generations of Del Calvos that have lived in this house at one time. The lot is irregular, which is one of the standard requirements to get a variance. If you notice, the front of the lot is 50 feet. The back of the lot is 49 feet. That causes the slight setback problem on the left side of the lot. The back of the lot has a seven foot four inch setback. We do have a letter from the owner of the property behind this house, which is the only person that would affect -- this setback variance would affect. He has no objection to it. Chairman Teele: Is that in the record? Mr. Berguiristain: It's on the letter, that I handed out today, which should be in the record. Chairman Teele: All right. Mr, Berguiristain: I imagine that's what that means. One -- couple of other things. The building footprint is 36.83 percent. The maximum allowed is 40 percent. It's well within on the building footprint. The green space on the property: Minimum requirement is 15 percent. It has 22.69 percent, I believe it is. And I'm talking rather quickly to try to get this in. Basically, the City of Miami's main interest on green space, parking in the front, appearance, there is no problem with 232 November 15, 2001 that with the City of Miami. Building footprint there is not a problem. The only person that possibly could be affected by this variance would be the person that owns the property behind the house. That person has no objection to it and, therefore, it should be granted. Chairman Teele: All right. Mr. Attorney, what is the standard? Mr. Maxwell: (INAUDIBLE) variance. I'll let staff give the standards -- criteria. Ms. Slazyk: The standards for a variance are that they have to prove hardship, but there is something specific to this property that is not typical to other properties with the same zoning classification. And that this is the minimum variance that gives them a reasonable use of their property. That's why the Department recommended denial. Commissioner Gort: Denial. Ms. Slazyk: This is not the minimum variance to give reasonable use of the property. They are - - were obtaining reasonable use of the property without the addition. And the difference in the width of the property of one foot going down the length of the property is not sufficient to justify the amount of variance that they were requesting. That's why we recommended denial. Chairman Teele: All right. Commissioner Regalado for a motion. Commissioner Regalado: My motion will be to accept the appeal of this item. Chairman Teele: All right. Is there a second? Commissioner Gort: Second. Chairman Teele: All those in favor say "aye." All those opposed say "no." Commissioner Sanchez: No. Commissioner Winton: No. Chairman Teele: You're a lucky man. You win three to two. Mr. Maxwell: Commissioner. Chairman Teele: Yes. Mr. Maxwell: Division, please. Can you have a roll call vote on it? Chairman Tecle: Roll call. Walter Foeman (City Clerk): Roll call vote. Commissioner Regalado. 233 November 15, 2001 • Commissioner Regalado: Yes. Mr, Foeman: Commissioner Teele? Chairman Teele: Yes. Mr. Foeman: Commissioner Sanchez? Commissioner Sanchez: No, sir. Mr. Foeman: Commissioner Gort? Commissioner Gort: Yes. Mr. Foeman: Commissioner Winton? Commissioner Winton: No, C7 The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO, 01-1238 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, GRANTING THE APPEAL, AND REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, TO ALLOW A SIDE AND REAR YARD SET BACK OF 4.3'0" (5'0" REQUIRED SIDE YARD) AND 7' 0" (20'0" REQUIRED REAR YARD) FOR AN EXISTING SINGLE FAMILY HOME FOR THE PROPERTY LOCATED AT APPROXIMATELY 131 FLAGAMI BOULEVARD, MIAMI, FLORIDA, LEGALLY DESCRIBED ON "EXHIBIT A," ATTACHED HERETO AND MADE A PART HEREOF, CONDITIONED UPON A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 234 November 15, 2001 Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado NAYS: Commissioner Joe Sanchez Commissioner Johnny L. Winton ABSENT: None. Chairman Teele: I told you, you're a lucky man. Mr. Beguiristain: Thank you very much, Commissioners. 235 November 15, 2001 Chairman Teele: We're going to defer we're going to go back into the regular agenda. Note for the Record: At this point, the City Commission closes consideration of items from the Planning and Zoning portion of the agenda to consider items from the regular portion of the agenda. Chairman Teele: Is the Manager and the Police Chief and Fire Chief available? And Major Longueira. One of the things -- Commissioner Regalado: I think we have the 5:30 bond -- Chairman Teele: Yeah. One of the things that came up during the debate on the bond issue was the name "Homeland Security." And one of the unfortunate things, I think, that occurred was that the record had not been established clearly in the public and in the dais. It's a function of just so many managers and so many changes. Is the Police Chief or Major Longueira or -- were they asked to be here? Chip? And one of the things that the former Manager -- former Chief had worked on with the Mayor -- the outgoing Mayor and myself -- I will say this on the record. The only time that I was able to really engage the former Police Chief, who later became the Manager, was on this whole issue of training. And I was really privileged that he brought me down and I met with his entire training staff, and we talked about three or four things. The most important object was this whole issue of the Police Firing Range and Training Facility, and a paper was prepared, One of the things, Commissioner Winton -- and I really want you to be aware of this -- was that when Warsaw and his staff went out, in working with the Mayor, Mayor Carollo, and they talked to DEA ((Drug Enforcement Agency), they talked to ATF (Alcohol, Tobacco, Firearms), they talked to Customs. I think there were four federal agencies willing to cooperate and to co -venture with the City in developing a state-of-the-art training facility. And what we needed was seed money. There were early talks made with Congresswoman Meeks and others. And there was a sense that we could probably -- with ten million dollars ($10,000,000), we could probably put together a first-class facility, upwards of 20 to twenty-five million dollars ($25,000,000), There is a tremendous shortage of training facilities in South Florida, not just by municipalities, but more importantly, by federal agencies. And so, this paper was done, which I've had for three years. I had met with Mayor Carollo on it. And one of the things that we didn't really get to talk about was, in light of 9111, the tremendous opportunity to build, if we move quickly, if we move quickly, a state-of-the-art full service joint -- and this is going to sound really crazy because Fire and Police don't work together that well sometimes on issues -- police and police don't work that well sometimes on issues -- but a joint training facility that not only could be firing ranges and the interactive and all of that, but also the need -- the tremendous need and shortfall now for HazMat (Hazardous Material) and decontamination facilities. And I 236 November 15, 2001 had checked back with the FBI (Federal Bureau of Investigations) and they confirmed their interest in it. And when you'll recall, I have been promoting, for some time, this FBI liaison. Because what we need is somebody that can work through all of the federal agencies to bring this on line. And what I wanted to do was to publicly acknowledge that Mayor Carollo and the previous Manager had had discussions with me on this, and I've had discussions with Longueira three years ago and the entire training staff -- I think -- what was the -- Major Darling, I think, was the head of training at that time? Or whoever it was. It doesn't matter -- in terms of this real opportunity. And so, I wanted to ask Mayor Carollo -- because, again, you know, the transition, we leave and we come and we lose some of the historical information that -- if he would weigh in on this. I'll say this: One of the issues on the Dust Bowl -- and I've been very careful -- I didn't raise it. I talked to Raul -- the Chief privately when the issue of building a school carne up. Because my concern about a school was the plans that were underway, that had been underway, relating to the compatibility of firing ranges and HazMat facilities next to a school. And this is going to be something that, if we build it, it's going to be, literally, a facility that's going to be used not just by our Police Department, but by all of the federal agencies that have this real shortfall. So I know that Mayor Carollo had had a lot of discussions. He was the one who really introduced me to some of the people at ATF and DEA on this back when we were talking. And so, Mayor, I wanted you just to weigh in, because I think the Manager and, particularly, the Police Chief and Fire Chief need to seize upon this opportunity with the bond issue. Because the real opportunity is the bond issue provides, in my judgment, sufficient start- up dollars to get a real program moving. Mayor Joe Carollo: Thank you, Commissioner. And let me bring it one step further of what I think needs to be done. And this is what I had been working on since some time ago. But even more so some months back this year, when I had the opportunity to be invited to the FBI headquarters in Washington, where I had a meeting with the Assistant Director, (INAUDIBLE), and the head of their international training. The FBI has their facilities overseas, where they do training for continents, regions, for other law enforcement agencies. And the FBI is very supportive. In fact, they want very much to be able to participate in a training facility here in Miami, but in a more hemispheric way. The plan that we have a copy of here talks about a local facility that would be able to train local law enforcement personnel for cities, municipalities, state, and federal agencies. I think we need to look much further than that and beyond that and build a facility that will become the facility of the Americas for security training and anti- terrorist training. It has to be a joint facility between Police and Fire, particularly, in this modern world that we're living in. Because more often than not, you're going to be having Fire personnel being some of the first people, along with Police or sometimes before Police, they will be the ones that will be first responding to situations. And it has to be a facility where you have first the response training, and more, on biological, chemical, even nuclear situations. There are monies to be gotten from the federal government. We can approach someone like Enrique Iglesias, the president of the Inter -American Development Bank, to be able to have additional funding for police officers, fire rescue personnel, for our neighboring countries along the Americas to be able to come. The main problem that the federal agencies had was that -- one senator from (INAUDIBLE), New Mexico, Senator (INAUDIBLE), got through a resolution in the Senate at the last second one time -- when everybody was tired and everybody wanted to go home -- that put aside -- I forgot the amount but it was several million dollars, maybe five million or more, for precisely that, a training facility. But it could only be used in a certain city 237 November 15, 2001 in his own home state that's only known for UFOs (Unidentified Flying Objects). And nobody wanted to go there. Nobody wanted to go there. So -- Commissioner Winton: It's known as the birthplace of Johnny Winton, too. Yeah. I'm from Mexico. Mayor Carollo: But we need to put a sound plan together -- that I'm sure could be done -- to change that in the Senate. And you will have every bit of cooperation from federal agencies, beginning with the FBI, that is the one that does the bulk of the training around the world for our country. And if we can accomplish this creating a security and anti -terrorism training center for the Americas for law enforcement and fire rescue personnel, we not only are going to be able to service and do tremendous work for our law enforcement locally, state-wide, but at the same time, we're going to be able to do a job that our country really needs for us to do and for our neighbors in the Caribbean and Central and South America. And this will be part of what will lay the foundation for Miami to truly become the capital of the Americas. You do this, you work to bring the OAS here, you bring the big international development bank, you bring other hemispheric organizations to come to Miami, and Miami will be in place to take over from New York with what New York represented in the last century. We will become in this century the trading capital and main (INAUDIBLE) center of the Americas. That Miami can become. So I just, again, want to encourage all of you that you look hempisheric on this. Don't sell yourself short and build a training facility only for local law enforcement. You can build a training facility equal to none anywhere in the world, where it could become the training grounds for law enforcement and fire rescue personnel throughout the Americas here in Miami. Chairman Teele: Mr. Mayor -- Chief Martinez, I know that, at one point, there had even been talking about hiring a design consultant. This was two or three years ago. I don't know if you remember that. But to get the preliminary plans, because one of the things that Congressman said, "Well, give us something that we can do." Did we ever move on that or what happened on that? Chief Raul Martinez: Commissioner, Raul Martinez, Chief of Police. As we spoke on the phone a few weeks ago about this, I'm not certain what was done previously on this issue. I know that there was a lot of conversation. There was a lot of desire. We even -- Mr. Mayor worked through the State Department. Because, you know, we do do a lot of training for a lot of countries here, you know, because it's a good place for them to come. It's a nexus for all Latin, the South American and the Caribbean for us to send those people here. We have, within the last year, met with Bob Graham's Office, Ileana Ross, Cynthia Billard, Carrie Meeks and given them packages. Basically, requesting that a regional facility for federal, state, and the Miami Police Department to use. We've had preliminary conversations, again, with the federal agencies and with FDLE (Florida Department of Law Enforcement). They're more than glad to get involved with this. The issue's always the funding. We thought that, through the bond, it would give us at least a stepping stone towards funding that. As far as the charter school being built there, we, to be frank, weren't exactly thrilled when part of our land was going to be used for that. But after we met with the architect that was doing the facility, there was ample ground -- not doing the type of facility you're talking about, because then you're limiting it only to a local use firing range and training centers. (INAUDIBLE) definitely because you cut the lot, basically, in half; 238 November 15, 2001 0 half for the school, half for us. But it would meet the needs that we have to train ourselves. Whether it meets the needs of all the other federal agencies or not is yet to be determined, you know, because of the size of the land. But we definitely do have a need for our firearms range. When I joined the Department, we used to qualify and shoot (INAUDIBLE) situations quarterly. Now the officers go about once every year and a half, if they're lucky. Now, the County is charging us for the use of the range. It's like eight -- seven hundred thousand dollars ($700,000) a year that they're paying for the use of the range and we have to beg, borrow and steal, please let us use it. Commissioner Sanchez: Bus driving time. Chief Martinez: And they cancel us every time they have a chance because they, you know, they get first dibs and we (INAUDIBLE). We're definitely interested to build a training facility first for our officers. We would love to have federal partners. And it would be real great, Mr. Mayor, to share that vision that we have to make this a facility where people from Brazil, Columbia, Venezuela send people here to train through the State Department. The State Department does (INAUDIBLE) -- and you're right, that happened in New Mexico with -- you know, about that training center. Mayor Carollo: But, you know, Commissioner Teele, even though we have not had an adequate training facility, Miami has done a tremendous amount of training of foreign police, security personnel for neighboring countries. For instance, through the Mayor's Summit of the Americas, we coordinated for officers to come and be trained by our Police Department from Argentina, from El Salvador, from Colombia, among other countries. In fact, from Columbia, we even had the son of the Commander-in-chief of the Armed Forces of Columbia that came down. He was trained by the Miami Police Department in different areas. Commissioner Sanchez: Mr. Chairman. Chairman Teele: Commissioner Winton Commissioner Sanchez: If I may, I could speak from experience. First of all, when I went to the City of Miami SWAT (Special Weapons and Tactics) School, I remember that we had people from Brazil and we had people from Europe going through the City of Miami SWAT School. I agree with the Mayor. We shouldn't sell ourselves short. This should be not only national, but international. Right now, as we speak, if you look at all the training facilities that are by -- I mean, the one who basically runs it all is the County on their facility over on 25`" Road. So, you know, if this is built, I want you to focus on international. All the facilities that are here in the area, including the downtown federal prisons, corrections, just about every company that we require, by standard, those trainings will have to go to this (INAUDIBLE) because it's going to be close by. I mean, our officers right now, when they go to the range, they have to either go to Medley or the County. That's driving time, you know. And it also could be a revenue source for the City, which it's never going to be self-sufficient, as we know, but it could help with the expenses. So this is what it's all about, taking Miami to another level. So this is a great leadership idea that I think each and every one of us here wouldn't have a problem supporting. 239 November 15, 2001 Mayor Carollo: And, Commissioner, I hope that, with your experience in law enforcement, that this Commission, along with Mayor Diaz, will see fit to give you a leading role in order to make this happen. Commissioner Sanchez: I would accept that leading role, Mr. Mayor. Chief Martinez: And, Mr. Mayor, Commissioner, if I may say, this Commission recently approved a position called (INAUDIBLE) federal legislative liaison a few months ago. It's been a slow process to make the selection and we're down to three candidates, which I have to personally interview for that position. All people that applied, you know -- that went through the panel to get interviewed -- the main goal was what can you do to bring the training center to Miami, to assist us in getting funding -- federal funding, legislation, whatever. And that person, whenever he or she gets hired, that's going to be their main goal: What can we do to make this a reality? Chairman Teele: Major Longueira, did you want to make a -- Major Joseph Longuiera: Commissioner, one thing I might suggest is -- through a personal friend of mine in Washington, we had some discussions through him -- Representative Young had a (INAUDIBLE) for St. Pete. He's a senior member of Congress and he's the head of appropriations. It may pay for us to talk to him. Bring him to Miami and sell him, because as head of appropriations, he can do a lot. He does a lot for UM (University of Miami) and other colleges down here. And because he's a senior member, he just wants to help Florida. So I think if we reach out to him, maybe bring him down here, we may be able to have somebody in a key position to help us. Because as head of appropriations, he can impact on what's in that legislation. Chairman Teele: As I reported to the Commission this morning, we have direct contact with him and he's putting five million dollars ($5,000,000) in the House bill for the Camillus House in a different context. But you're absolutely right. Bill Young, who's a dear friend of Bill Lehman and myself, is now the senior member and is willing to be of help -- he's from St. Pete. But I think one of the opportunities that we have is the same opportunity that we had sort of when Commissioner Winton and I, here on the dais, agreed that the time was right to move forward with the bond issue. The time is right now to move forward with this training facility. It's not -- it's just going to be a matter of months and years before the big thing is going to be, the ability to train people or to go in with HazMat teams, the same way now search and rescue teams are moved about. And with our relationship with AID, with Agency of International Development, this training facility can be a major profit center for the City of Miami. Every Caribbean country, every Latin-American country is going to have to be trained. And so I think what we really need, Mr. Manager, is for you to take this under advisement and to come back to us within the next two weeks or so and give us sort of an outline of a conceptual plan of how we can move forward. Let me also say this. Don't get hung up, in my opinion, on the federal government on the front end. Let's make sure we know what it is we need, what kind of facility that we would need to be a real training facility that would meet our needs, as well as multiple other municipal and county and, perhaps, even other governmental functions. And let's make sure that we get a location and a facility footprint that is able to accommodate. None of those agencies can 240 November 15, 2001 commit. All of that's going to be done through congressional earmarking and congress -- and it's not even really going to be necessarily congressional appropriations. All you're going to need is a sentence in a report that says that "the ATF may use its funds for -- in cooperation with a facility in South Florida," or something like that. Just a simple sentence. And so, I'm confident that if we move quickly, we can design and build a first-class state-of-the-art training facility for the Americas. I think the dollars that we have give us sufficient money to move quickly with a planning process -- a professional planning process, and then we can make the rounds at Washington when we've got something to say, "We're going to build our facility, and what are your requirements?" And let's look at what their requirements are department by department; ATF, Customs, DEA. The airport now -- transportation now is going to have to do a major job of staffing and training. So I think Commissioner Sanchez and the Mayor are 100 percent right. I think Commissioner Sanchez's background makes him the logical person from the Commission to sort of serve as the liaison on this matter. Well, I -- I've already resigned, so I'll make -- my only appointment that I'll ever make will be to appoint Commissioner Sanchez as liaison on the training center of the Americas and the HazMat capability. But I think it's very, very important that this be a joint facility. When I say "joint," I mean the thinking be joint, the planning be joint, you know, and that we include the fire issues or the public safety issues, as well as the police issues. And we don't look at this -- because, as New York has proven, the requirements are that they be a joint facility. Mayor Carollo: Let me suggest to the Commission, if I may, that we outline a position paper on this and that it be sent to the new Homeland Security Director, Governor Todd Rich. I had the opportunity of speaking with him a couple of weeks ago while I was in Washington, D.C. with the Attorney General, and he will be very interested in this. And I think we could receive a tremendous push from him, along with the Attorney General, whom I also spoke to a couple of weeks ago. So these, I think, are two key individuals right now that could be of tremendous help in this area also. Chairman Teele: I think a motion would be in order to authorize the Manager to expend necessary dollars to engage appropriate assistance and consultants and planners, architects, engineers, to facilitate an expedited planning process, with the cost eventually to be repaid from the applicable bond proceeds, if applicable. Commissioner Gort: So moved. Chairman Teele: Moved by Commissioner Gort. Commissioner Sanchez: Second. Alejandro Vilarello (City Attorney): Mr. Chairman, you should put -- you should describe an amount "not to exceed" within your motion. Commissioner Sanchez: That's a good -- Chairman Teele: Amount not to exceed 250,000? 241 November 15, 2001 Mr. Gimenez: I was just kidding. I said 255,000,000, but -- Chairman Teele: Amount not to exceed two hundred and fifty thousand dollars ($250,000). I'm going to tell you. If you get an architect engineering firm involved and start to plan this thing out, you know, you're going to -- and you're going to have to bring in some consultants right away, and they're going to be hard to find because everybody's looking for them. You know, some HazMat consultants to look at what it is we need to be looking at. I mean, you know, one of the questions is, there probably needs to be some type of decontamination facility, in case of a mass problem. I mean, you know, we're -- we've got all these sporting events and carnivals and all of that, and I mean, you know, you've got to plan on the horrible eventualities. Commissioner Sanchez: All train -- all aspects of training in law enforcement, whether it be biological, whether it be terrorism, whether it be narcotics, whatever it may be. Chairman Teele: All right. With the amount not to exceed 250. Commissioner Sanchez: Two hundred fifty. Chairman Teele: And you'll report back to us on this monthly or so, Mr. Manager, and give us a plan -- a preliminary plan or so. Mr. Gimenez: Yes, sir. Chairman Teele: And would you also, respectfully, raise the issue with the Mayor -elect so that everyone's on the same page on this issue? Mr. Gimenez: Yes, sir. Chairman Toole: Mr. Mayor, is that motion satisfactory to you? Mayor Carollo: Absolutely. Chairman Teele: All right. Mayor Carollo: Absolutely. Chairman Teele: Is there unreadiness? All those -- further discussion. Commissioner Sanchez: No. Chairman Teele: All those in favor of the motion say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? 242 November 15, 2001 C] • The following resolution was introduced by Commissioner Gort, who moved for its adoption: RESOLUTION NO, 01-1239 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXPEND AN AMOUNT NOT TO EXCEED $250,000 FOR THE ENGAGEMENT OF APPROPRIATE ASSISTANTS, CONSULTANTS, PLANNERS, ARCHITECTS AND ENGINEERS TO FACILITATE AND EXPEDITE THE PLANNING PROCESS FOR DEVELOPMENT OF A STATE-OF-THE-ART TRAINING FACILITY FOR PERSONNEL OF THE DEPARTMENTS OF POLICE AND FIRE -RESCUE IN MATTERS RELATED TO SECURITY AGAINST TERRORISM, DECONTAMINATION OF HAZARDOUS MATERIALS (BIOLOGICAL, CHEMICAL AND NUCLEAR); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AND DIRECTING THAT SAID FUNDS BE REIMBURSED FROM THE PROCEEDS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS, IF APPROPRIATE. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Johnny L. Winton Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Teele: Let the record reflect that the first action we've taken on the bond issue is to move forward on the Homeland Security issue. Mayor Carollo: And may I congratulate this Commission because you have taken a tremendously important historic step today that will bear a tremendous amount of fruit for this community and for all the Americas in the near future. Congratulations. Chairman Teele: Thank you, Mr. Mayor. All right. Can we go back to PZ -8? Mr. Mayor, did you have anything else? Mayor Carollo: Just to thank all of you again and to wish you well. Chairman Teele: Thank you, Mr. Mayor, and Godspeed to you. 243 November 15, 2001 • Chairman Teele: PZ -8. • Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -8 is a second reading amendment to the Comp Plan for land use from general commercial to single-family residential. This is one of the City of Miami's applications for clean up. Commissioner Gort: Move it. Chairman Teele: Is there a second? Moved -- is there a second? Commissioner Gort: Second reading. Commissioner Winton: Yes. Second. Chairman Teele: Moved and seconded. Mr. Attorney, would you read the item into the record? Clerk, would you call the roll? 244 November 15, 2001 • An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 4100 N.W. 9TH STREET, AND 800, 810, 820 AND 830 NW 41sT AVENUE, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" TO "SINGLE-FAMILY RESIDENTIAL"; 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 October 25, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, 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: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12159 The ordinance was read into the public record by the Deputy City Attorney. 245 November 15, 2001 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -9 is a zoning change. It's also one of our clean up items. This is a second reading. Commissioner Gort: Move it. Commissioner Sanchez: Second. Chairman Teele: Is there a discussion? Is there objection from the public? Moved and second. Mr. Attorney, would you read the item into the record? Mr. Clerk. 246 November 15, 2001 0 An Ordinance Entitled -- • AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI FLORIDA BY AMENDING PAGE NO. 27 OF THE ZONING ATLAS BY CHANGING THE ZONING CLASSIFICATION FROM C-2 "LIBERAL COMMERCIAL" TO C-1 "RESTRICTED COMMERCIAL" FOR THE PROPERTY LOCATED AT APPROXIMATELY 4041 NORTHWEST 71H STREET, MIAMI, FLORIDA; MAKING FINDINGS; 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 October 25, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12160 The ordinance was read into the public record by the Deputy City Attorney. 247 November 15, 2001 i.IR T� C?RiNE a�E l 544 I Y' A IVIPR>;IENHB Q0?�N, E CH NN _ iSIGIO FaR.�PER'I�IES �Q`CA'FD .: 341`C 2 SET _ SROM "NIGH ENSVT� 6 A� �T (:QN--for- OR EICI�T. �P1oat( Wad`s for _ Chairman Teele: Next item. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -12 and 13 are companion land use and zoning change. This is first reading for the properties at 341 Northeast 20`3i Terrace and 340 Northeast 21" Street. This property is surround -- it's got commercial designation and SD -6 across the street. It is part of a complex in which there are residential and non-residential uses. They want to change this particular piece of property in order to provide much needed parking for the complex. Most of the buildings were built without parking. We recommend approval. Commissioner Sanchez: PZ (Planning & Zoning) what? Ms. Slazyk: Twelve and 13. Commissioner Sanchez: Twelve, OK, Chairman Tecle. All right. Sir, you want to be heard on this item? Walter Fisher: I'm Walter Fisher, 363 Northeast 20th Terrace, representing Flex Enterprises. Commissioner Sanchez: Good to have you here, sir. So moved. Chairman Teele: Moved by Commissioner Sanchez. Unidentified Speaker: Second. Commissioner Winton: Second. What -- I'm still not sure I understand. Let me get -- Ms. Slazyk: This is across the street from the Finger project that's coming -- Commissioner Winton: Oh, OK. Ms. Slazyk: --up there. Commissioner Winton: I couldn't figure that -- Ms. Slazyk: Right. Commissioner Winton: OK. 248 November 15, 2001 Ms. Slazyk: And what it is, is most of the properties -- most of -- these are all under the same ownership, most of the block. And most of it was built without parking. What they want to do is do a parking area here that would actually take the cars off the street and provide -- Commissioner Winton: Great. Ms. Slazyk: -- the parking they need for the complex. Commissioner Winton: Good. And I guess one of the other things I want to say is that -- and I think you and I have had this discussion before -- but some way or another, with all the technology we've got, you know, when you look at these and when we're making these decisions, what the surrounding uses are is very important information. I can't figure out anything from this copy of this aerial. In fact, most of them look like this. So, we really need to do something so that when I'm looking at this stuff, I can look at these surrounding uses, understand what's really going on, then I can get my own visual picture of what I think the impact of whatever this change is going to be and make better decisions. Ms. SIazyk: Yeah. I know that when we scan them the original is pretty good, but I think that's a second generation. That's the problem. We'll try to figure out a way to get a better resolution Commissioner Winton: Thank you. Ms. Slazyk: -- to start with, maybe. Commissioner Winton: So, I second the motion. Chairman Teele: All right, Mr. Clerk. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 341 NE 20TH TERRACE AND 340 NE 21sT STREET, MIAMI, FLORIDA, FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 249 November 15, 2001 Was introduced by Commissioner Sanchez, seconded by Commissioner Winton, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Wifredo Gort Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. The ordinance was read into the public record by the Deputy City Attorney. 250 November 15, 2001 • Chairman Teele: Next one. C Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -13 is the companion zoning change. Commissioner Gort: Move it. Chairman Teele: Mr. Attorney. Joel Maxwell (Deputy City Attorney): "An ordinance of the Miami City Commission, with attachments" -- Commissioner Sanchez: We need a motion and a second. Do you move it? Commissioner Gort: I moved it. Commissioner Sanchez: Second, Chairman Teele: Moved and second. Mr. Maxwell: I'm sorry. Commissioner Sanchez: it's OK. Chairman Teele: Mr. Clerk. 251 November 15, 2001 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 21 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-4 "MULTIFAMILY HIGH DENSITY RESIDENTIAL" WITH SD -20 BUFFER OVERLAY DISTRICT TO C-1 "RESTRICTED COMMERCIAL" WITH SD -20 BUFFER OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 341 NORTHEAST 20TH TERRACE AND 340 NORTHEAST 21sT STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A"; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Gort, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Wifredo Gort Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. The ordinance was read into the public record by the Deputy City Attorney. 252 November 15, 2001 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -14 is a second reading text amendment in order to provide the definition for a media tower. It was approved by the Commission on first reading -- Commissioner Gork: Move it. Commissioner Winton: So moved. Commissioner Sanchez: Second. Chairman Teele: Mr. Attorney. Mr. Clerk. 253 November 15, 2001 9 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 25, SECTION 2502, SPECIFIC DEFINITIONS IN ORDER TO PROVIDE A DEFINITION, INTENT STATEMENT AND CRITERIA FOR "MEDIA TOWER"; 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 October 25, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Arthur E. Tecle, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None, SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12161 The ordinance was read into the public record by the Deputy City Attorney. 254 November 15, 2001 • • Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -15 is a second reading item amending SD -2 regarding the Coconut Grove Parking Trust Fund. Was recommend for approval Commissioner Winton: So moved. Commissioner Sanchez: Second. Chairman Teele: Moved and second. Read the item. All right. Mr. Clerk. 255 November 15, 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 ARTICLE 6, SECTION 602; ENTITLED "COCONUT GROVE CENTRAL COMMERCIAL DISTRICT", BY AMENDING, REPEALING OR ADDING LANGUAGE TO SECTIONS 602.10.1, 602.10.3 AND 602.10.4 OF THE ZONING ORDINANCE TO: (1) CLARIFY THE PERMITTED EXCEPTIONS TO THE MINIMUM NUMBER OF PARKING SPACES REQUIRED, (2) CLARIFY THE PROVISIONS OF SHARED PARKING FOR MIXED USE DEVELOPMENTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. Was passed on its first reading, by title at the meeting of October 25, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12162 The ordinance was read into the public record by the Deputy City Attorney. 256 November 15, 2001 • Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -16 is the amendment to the -- Chapter 35 of the Code, also for the Coconut Grove Parking Trust Fund. This is second reading. Commissioner Gort: Move it. Chairman Teele: Is there a second? Commissioner Winton: Second. Chairman Teele: Discussion. Mr. Clerk. Commissioner Gort: It's an ordinance. Carlos Gimenez (City Manager): It's an ordinance. Chairman Teele: Mr. Attorney. Mr. Clerk. 257 November 15, 2001 • An Ordinance Entitled -- • AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 35, ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "COCONUT GROVE PARKING IMPROVEMENT TRUST FUND", BY AMENDING, REPEALING OR ADDING LANGUAGE TO SECTIONS 35-221, 35-222 AND 35-224 OF THE CODE TO: (1) CLARIFY AND PROVIDE FOR PAYMENT OF ADMINISTRATIVE COSTS AND (2) MODIFY THE PAYMENT PROVISIONS BY REDUCING THE LUMP SUM PAYMENT AMOUNT AND PROVIDE FOR INSTALLMENT PAYMENTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. Was passed on its first reading, by title at the meeting of October 25, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, 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: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12163 The ordinance was read into the public record by the Deputy City Attorney. 258 November 15, 2001 • • , JT -N 'TY0 STI AG 'Ube 5 CT ,( ppilcat t(s)U ily �'1V�iam } Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -17 is second reading ordinance amending Section 613 to allow flower carts as a conditional use in SD -13. Commissioner Winton: So moved. Commissioner Gort: Second. Chairman Teele: Where are we? Mr. Attorney. Commissioner Gort: Read it. Joel Maxwell (Deputy City Attorney): This is 17. Chairman Teele: All right. 259 November 15, 2001 An Ordinance Entitled -- AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 613; SD -13 SOUTHWEST 27TH AVENUE GATEWAY DISTRICT, TO ALLOW FLOWER CART VENDING IN DESIGNATED OPEN AREAS SUBJECT TO ISSUANCE OF A CLASS II SPECIAL PERMIT; 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 May 24, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr, Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12164 The ordinance was read into the public record by the Deputy City Attorney, 260 November 15, 2001 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -18 is a first reading ordinance amending SD -17 regarding parking. I need to make one -- two quick corrections in the record. These were corrected at the PAB (Planning Advisory Board). It's a clarification and it needs to be in this draft, as well. Paragraph "B" on page three of the ordinance and paragraph `B" on page four, the last sentence needs to say that "provided, however, the property owner shall make the necessary arrangements acceptable to the City, to ensure that all public facilities located within 375 feet of the property shall be afforded an hourly rate not greater than the public metered rate, which is provided by Code for DOSP (Department of Off -Street Parking) for the hours from 7 a.m. to 9 p.m." What this is doing is, it's changing the parking rates for parking structures that get FAR (Floor Area Ratio) bonuses by providing public parking in the Grove. And what it's doing is saying from the hours of 7 a.m. to 9 p.m., all public facilities within 375 feet of the garage will be afforded a lower rate. Therefore, this is -- Mutiny is the only one we have right now. So, anyone going to the library or to the Women's Club or any other public facilities in the area will get a cheaper rate at this garage than that which is afforded to the general public. This has been to the Coconut Grove Parking Advisory Committee. They recommended approval and so did the PAB. Commissioner Winton: So moved. Commissioner Gort: Second. Chairman Teele: All right. Joel Maxwell (Deputy City Attorney): Ms. Slazyk, that change is on three and -- Ms. Slazyk: Page three -- Mr. Maxwell: Three and five. Ms. Slazyk: -- and page four. Mr. Maxwell: I'm sorry. Three and four. Ms. Slazyk: Four, paragraph `B." Right, Mr. Maxwell: Thank you. Ms. Slazyk: I'll give these to (INAUDIBLE). 261 November 15, 2001 Chairman Teele: Mr. Attorney. Mr. Maxwell: As amended. Chairman Teele: Mr. Cleric. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ARTICLE 6, SECTION 617 OF THE ZONING ORDINANCE, ORDINANCE NO. 11000, AS AMENDED, ENTITLED "SD -17 SOUTH BAYSHORE DRIVE OVERLAY DISTRICT," BY AMENDING SECTION 617.2 OF THE ZONING ORDINANCE TO REPLACE THE EXISTING METERED PARKING RATE REQUIREMENT WITH THE PREVAILING DEPARTMENT OF OFF-STREET PARKING GARAGE RATES. PROVIDED, HOWEVER, THAT ALL PUBLIC FACILITIES LOCATED WITHIN 375 FEET SHALL BE GIVEN AN HOURLY RATE NOT GREATER THAN THE PUBLIC METERED RATE AS CHARGED BY DOSP FROM 7:00 A.M. TO 9:00 P.M.; FURTHER CLARIFYING THAT ANY FLOOR AREA INCREASES FOR SUCH PARKING SHALL BE PURSUANT TO A CLASS 11 SPECIAL PERMIT; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Winton, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Wifredo Gort Commissioner Joe Sanchez Commissioner Johnny Winton NAYS: None. ABSENT: None. The ordinance was read into the public record by the Deputy City Attorney, Chairman Teele: Is that -- Commissioner Sanchez: That's it. Commissioner Gort: That's it. Chairman TeeIe: -- pretty much it? 262 November 15, 2001 Commissioner Sanchez: That's pretty much it. Chairman Teele: Are there any other matters, Madam Manager -- Commissioner Gort: I have a pocket item Chairman Teele: -- to come before -- on the Zoning Board? Ms. Slazyk: No, sir. Chairman Teele: All right. Could we return to the agenda? Note for the Record: At this point, the City Commission closes consideration of items from the Planning and Zoning portion of the agenda to consider items from the regular portion of the agenda, 263 November 15, 2001 Chairman Teele: Don't we have some appointments and vacancies? Walter Foeman (City Clerk): Yes. Item 33. Chairman Teele: My book is gone now. Commissioner Winton: Item what, 33? Mr. Foeman: Yes. Item 33 is the Community Technology Advisory Board. Chairman Teele: Appointments? Mr. Foeman: Yes. Each member of the Commission is afforded one appointment. Commissioner Winton: I'd like to appoint Richard Paul-Hus. Chairman Teele: Second. Is there objection? All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01-1240 A MOTION APPOINTING RICHARD PAUL -HUS AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD. Upon being seconded by Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele Commissioner Wifredo Gory Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 264 November 15, 2001 Chairman Teele: Further appointments at this time. Commissioner Sanchez: I would like to appoint Fred Jackson. Commissioner Regalado: I have an appointment, too. Chairman Teele: Second. Is there objection? All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 01-1241 A MOTION APPOINTING FRED JACKSON AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD. Upon being seconded by Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Commissioner Regalado: Community -- Chairman Teele: Could I get that list from Johnny? Commissioner Regalado: Technology Advisory Board, Allyson Warren. Chairman Teele: Second. Commissioner Gort: Second. Chairman Teele: Is there objection? All in favor say "aye." The Commission (Collectively): Aye. 265 November 15, 2001 • • The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 01-1242 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Chairman Teele: Could we do a motion that allows the further appointments by memorandum to the Clerk? Motion that the Commission be afforded the opportunity to file further appointments to the Technology Board by memorandum to the Clerk -- Commissioner Winton: Second. Chairman Teele: _- through December 30th. Moved and second. Commissioner Winton: Second. Chairman Teele: Would you move it, Commissioner Regalado? Commissioner Regalado: Yes. Chairman Teele: Second by Commissioner Winton. All in favor say "aye," The Commission (Collectively): Aye. Chairman Teele: All opposed? 266 November 15, 2001 • • The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-1243 A MOTION STIPULATING THAT PENDING APPOINTMENTS TO THE COMMUNITY TECHNOLOGY ADVISORY BOARD MAY BE MADE IN WRITING TO THE CITY CLERK BY THE APPOINTING COMMISSIONER PRIOR TO THE DECEMBER 30, 2001 DEADLINE. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele Commissioner Angel Gonzdlez Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 267 November 15, 2001 Commissioner Regalado: Mr. Chairman -- Chairman Teele: Pocket items -- Commissioner -- and any other items. Commissioner Regalado. Commissioner Regalado: We need to start working on what would be the Oversight Committee for the bond issue. I don't know how you guys want to do this process, but I think that it needs to be very inclusive -- districts -- each district. I mean, because this is going to be about districts. Each district should have, I mean, three or four persons, and we should have mechanisms where this committee can meet with a minimum quorum and that this committee should report to the district Commissioner. But, you see, what is important is that the people that trust us see that we are moving forward. Because one of the things that was said is that this bond issue -- well, you know, by the time you get the money, you know, the economic crisis will be over. We'll have tourists and everything back here. So we need to show the people that we're moving. On that note, I wanted to commend the City Manager and Chip Iglesias. Hopefully, the bond issue campaign is over because, if not, they will have try to look for a job in one of my radio stations because— Unidentified Speaker: It would have been competition, huh? Commissioner Regalado: -- they became a very familiar voice in the Spanish radio. And Carlos did a very good job explaining to the people. Let me say something. I think that the campaign that you guys approved turned around the numbers, because the numbers were -- three months ago or two months ago, the numbers on the Afro-American community were very high in favor of the bond issue. On the Anglo community, were very high in favor of the bond issue, but they were very low in the Hispanic community. With this campaign, we were able to gain at least 20 points, which was exactly the number that we had when the election was over. So, I think that the money that you guys approved was very well used, but I want to -- Mr. Manager, I want to commend what you did and I know you spent many hours and many nights going around programs. But I think it was worth it. Carlos Gimenez (City Manager): Thank you, sir, I have to return the compliment. A lot of the ideas that came out of that campaign were with our work with you and the signs and the message and all were done in conjunction with you. And I think that a lot of the credit really needs to go back in your direction for giving us the guidance to help us get that message out and I appreciate it. I also want to make sure that I do mention that there were a lot of people involved in this campaign. There were private organizations and a lot of members of the staff that put in a lot of hours to really inform the citizens, and I think that that's what turned the tide. And, you know, I was real happy about the outcome. 268 November 15, 2001 • • Commissioner Regalado: See, Johnny, I did what you told me -- you guys told me to do. Chairman Teele: I think the comments by Commissioner Regalado deserve an applause. [APPLAUSE] Chairman Teele: Separately -- Commissioner Regalado: Come on now. I'm not that difficult. Chairman Teele: Separately from the fact that what the Manager and Chip and his staff were able to do, singularly, was outstanding. And it really does show when you've got a team that's working together in the same direction, it does make a difference, The one thing that we need to be clear on, this bond issue was never sold as an economic stimulus. It was sold as -- what we said it was for neighborhoods, for homeland defense and for quality of life. And that's really what it's going to be about. It's going to take about eight years for these bonds to -- is it eight? Commissioner Gort: Ten. Mr. Gimenez: We had a 10 -year -- it's a 10 -year issuance. Chairman Teele: It's a 10 -year issuance. And so, you know, this is going to have to be phased and it's going to be done over time. But the fact of the matter is, this City, for the next five to seven, eight, ten years, is going to be in a position to address a lot of the needs. And I think, Carlos, you singularly, with your senior staff and your personal staff and any number of hundreds of personal individuals who were making phone calls and, you know -- it's not just what the guy -- team at the top do, it's also what the people at the bottom do. And from the guys and ladies who painted the signs -- and I mean, those signs went out like a private sector operation. It did not go out like a government operation. And so, the deployment of those signs and the manner in which they were done was singularly outstanding. So, it's just a lot of kudos to go around. I think the key thing that Commissioner Regalado is raising is that we do need to instruct the Manager -- the Attorney to draft an ordinance. He's suggesting three people per district. I would suggest two. But I think what it will mean is that each Commissioner would appoint two or three people. The Mayor should have the ability to appoint five or so and name the chairperson of that committee. But I don't think the committee can report to the district commissioners, per se, but I do think the ordinance should require that they look at the City district by district, as well as citywide, to ensure that we're meeting our commitments. Is that -- Commissioner Regalado: The thing is that, you know, we need to do this right away because the people need to be motivated. These people are going to go out, but they should go out sometimes with the Commissioner or with somebody from the Commissioner's staff. They should -- because, I mean, you know, you have to know for what you're going to fight for, and this anchor is going to be important. I'm telling you that there are a lot of people out there that are willing to spend hours and hours and hours just going around the City of Miami looking for things to do. It may be important. It may not be. But what is important is that we need to start 269 November 15, 2001 the process to include some people. And what we need to do is for this Commission, the Manager, the Mayor, pick one of two priority projects and begin construction as soon as possible. Commissioner Gort: (INAUDIBLE) existing money. Commissioner Regalado: Because --no, with the bonds. I'm talking with the bonds, Chairman Teele: Well, why don't we do this, though. Let -- you've made the recommendation. I'm trying to codify that into some legislation. Commissioner Regalado: Well, legislation -- Commissioner, I think you're right -- Chairman Teele: Would you move that the City Attorney be instructed to present, at the next meeting, an ordinance to create a Bond Oversight Committee the way you were outlining it? Commissioner Regalado: Three members from each Commission district -- two members? Two members from each Commissioner, the Mayor, because a citywide should appoint five persons, and -- Commissioner Sanchez: And he should select the chairman. Commissioner Regalado: And select the chairman. Chairman Teele: And select the chairman. And I think that's 20 -- that's -- two times five is -- Commissioner Winton: It'll be 15. Commissioner Sanchez: Ten, 15. Chairman Teele: That's 15. And why don't -- yeah, 15. OK. And, Mr. Attorney, you know, you can, obviously, work with Commissioner Regalado and others in bringing that back. But I think that would be very helpful. That's a motion by Commissioner Regalado and seconded by Commissioner -- Commissioner Sanchez: Second. Chairman Teele: -- Sanchez. Mr. Attorney. Alejandro Vilarello (City Attorney): The committee would be generally advisory to -- Commissioner Sanchez: Advisory. Mr. Vilarello: -- the City Commission, but every item would be required to go before this Board. 270 November 15, 2001 Chairman Teele: Wait, wait, wait, wait, wait, wait. I'm not asking that every item go before the Board. I think -- Commissioner Regalado: Well, he's talking about projects. Mr. Vilarello: As I understand it, it's advisory in nature to the City Commission, but if you want to put in the requirement that the items go before for their review and comment before consideration by the City Commission -- Chairman Teele: Well, I'm going to tell you. I think items that are not specifically earmarked but, you know, one of things we don't need is, we don't need somebody to come in and start trying to tell us what it is we agreed we're going to earmark. In other words, we said "X" number of dollars are going to the Orange Bowl. If a project -- and if something's not earmarked, any earmark -- un -earmarked project should go before that. But I think the management and the Commission have made a commitment, and I don't want to get into us giving some advisory committee the right to -- Commissioner Sanchez: To decide where the funds go. Chairman Teele: -- start telling us what ought to go, you know, this, that and the other. Mr. Vilarello: So, other than those projects that were specifically identified and called of the Charter -- I mean, of the bond -- Chairman Teele: Any project that is not called for in the ordinance must go before that Board. And I think that Board should work with the management in forming community consensus and expediting projects, and reporting and serving, literally, as more of an oversight than as a -- an oversight role more so than a policy directing role. They should make sure that we are doing what we said we're going to do. And they're -- and I think they're responsibility should be primarily to ensure that we are doing what we said we're going to do. And that means that they've got to be educated on the timelines and on the bond supplementals, et cetera. Commissioner Sanchez: And I agree with that because -- I mean, the last thing that we want to do is, being that we are committing two individuals from our district, is to create district wars or turf wars. Chairman Teele: That's what you're going to create. Commissioner Sanchez; All right. And if you do that, that's why you're better off seeing it as an oversight board to ensure that we are set out to do exactly what we're going to do. Because if there's one thing that this bond issue tells, at least, to me -- I think there's a mutual feeling -- is th,.t I think that people are starting to have a little bit of more trust in their government. I think that they want to see their city improved. And we went out and we sold a product, and that product is the bond issue. Now, they expect to see -- we get out of this bond issue improvements for the City. God forbid that we don't come through with what we said, because that will, once again, have the public look at us as, you know, once again, we didn't come through with what we 271 November 15, 2001 set out to do. So now, you know, we delivered. Now, we've got to make sure that we get it done. And I think it's a great idea, but as an oversight. Chairman Teele: As an oversight. Commissioner Sanchez: As an oversight. You don't want to let them -- Commissioner Regalado: It is an -- no, no. It is an oversight. Commissioner Sanchez: But I want to make that crystal clear because the last thing that we don't need is somebody from the district saying, "Well, you go that and I didn't get that." That's going to -- believe me, you'll be doing more harm than good if you do that. So, I do support on the oversight working with the management on what we set out to do. Chairman Teele: All right. We have a motion and a second. We're going to have plenty opportunity to design it when it comes back, but it's coming back under Commissioner Regalado's sponsorship. All those in favor of the motion, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 01-1244 A MOTION DIRECTING THE CITY ATTORNEY TO DRAFT AN ORDINANCE, TO BE BROUGHT BACK AT THE NEXT COMMISSION MEETING, CREATING A BOND OVERSIGHT COMMITTEE CONSISTING OF FIFTEEN MEMBERS, TWO MEMBERS TO BE APPOINTED BY EACH COMMISSIONER REPRESENTING HIS DISTRICT AND FIVE MEMBERS TO BE APPOINTED BY THE MAYOR, WHO SHALL ALSO SELECT A CHAIRMAN. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele; Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 272 November 15, 2001 Chairman Teele: On that issue, Mr. Manager, I think we need to be very careful here. I think we need to work with the Budget Office and with the Manager -- Finance Manager and, of course, the operations. We need to look creatively and constructively on how we can accelerate this program. I mean, look, there are a lot of things we could do. For example, we can borrow from our own funds. We can borrow, for example, parking surcharge dollars. We can advance projects right now from parking surcharge dollars with the understanding that those dollars would be paid back, if you follow what I'm saying. There's a series of activities -- it's in the general fund. Once the parking surcharge is collected, it's in the general fund. Mr. Vilarello: Those revenues, which are not specifically earmarked for (INAUDIBLE) -- Chairman Teele: Which are not specifically earmarked. There's a sunshine state fund. I think the key thing we need to do is, we don't need -- we've got a bond process that we're going to do, but we don't need to let that tie our hands. We need to move forward. And I'm going to tell you right now, in terms of projects like when we do a land acquisition, like this stuff, the price goes up as you discuss it and debate it. And it's going to be much faster and much cleaner for us on anything that we're doing with land acquisition for us to try to figure out how to buy it and then reimburse it. Because once you've strewn this thing out, it's what happens on all your road programs and all the transit programs, and I can tell you firsthand on that. So, I think we need to really, cooperatively and creatively, look at things like the sunshine trust account that we used before and other things that we can advance money where there's -- especially at the rate we're in now because these numbers are going crazy already. I can tell you that. After the bond issue passed, people who were willing to sell certain properties are not willing to sell now. And, you know, it's no need to complain. It's just going to get worse. So I think Commissioner Regalado is making an excellent point. We're seeing it in Model Cities with the Trust. We're seeing land values already going up 25 and 30 percent just in Model Cities with that whole Trust program. So, it's human nature and it's the way it is, and we need to not be captivated by on financing schemes but we ought to move creatively ahead. Commissioner Sanchez: Mr. Chairman, on that note, I just -- we have been working on need assessment for quite some time. I mean, we've identified roadway. We've identified where the improvements should go. That all is there. Now, does the administration have a plan? Do you have a plan already set out to what's going to -- you know, priority wise? I mean -- Mr. Gimenez: In terms of the (INAUDIBLE) Commissioner Sanchez: -- I don't think anybody would dispute the Little Haiti Park or anybody would dispute Flagami's flooding. You know, those are things -- what are we going to do? Do we have a plan set out? Do we have maybe a list of priorities that need to be done? I mean -- Mr. Gimenez: You know, I stated on the record that my priorities, initially, were the Homeland Defense Security Public Safety issues. Commissioner Sanchez: But that's exactly what -- 273 November 15, 2001 Mr. Gimenez: And then the second -- Commissioner Sanchez: -- we have to do because that's what we -- Mr. Gimenez: The second priority on my list, which I think it's a health issue, which is the flooding situations, both in Flagami and in the frog pond, does not necessarily mean that you're just going to do one and two. You may be able to start working on a different -- a number of different issues, knowing that they're going to take more than one or two years. Remember, it's a 10 -year issuance. So, we can issue partial money one year to start those projects, and then partial money the next year for the completion of those projects. So it's not just one or two projects that can be started. You can take off. The other thing is, we do have thirty-eight million dollars ($38,000,000) of unappropriated capital improvement monies. Part of it is dedicated for streets and all, which could be used to take care of some of the flooding problem. So, now that we've got it, we're going to set up a committee, internal committee, to look at the money, look at the projects, and one thing I'm probably going to recommend is that we set up a task force that deals strictly with the -- how these projects are going -- the bond projects are designed, et cetera, to move them on because the -- with this money, it may exceed the capacity that we have currently to get those projects done. So we have to create a new -- we have to increase our capacity and that can be done through some kind of a task force that just deals directly or strictly with the bond program. Commissioner Sanchez: Well, I just want to make sure that we have a list of priorities that we follow. And getting back to what you said on roads, you know, repaving roads and stuff, I know there's some money that's allocated for that, and I just -- on that issue itself, I think that is one issue that people are going to see. And once again, people need to see with their own eyes what's going on with this bond issue. I mean, people are going to drive and they're going to say, "Look, they're fixing the streets. They're fixing sidewalks," you know, "they're doing what they said they were going to do." On the issuance of paved roads, I suggested to the administration -- I think, Commissioner Regalado also was the one that -- if I remember correctly, was the one that said, if you start paving roads, seek out five or six companies that do that. And if you're going to do it all over the City, I mean, spread out the work so we could get it done more quickly. That's something that I think you should take into consideration. Because, after all, what people are going -- what the voters, that went out and trusted us with the bond issue, are waiting for is to see improvements. I can speak from experience with the Harmon Park in the Roads area. They are ecstatic about it. As a matter of fact, they think that's coming from the bond issue. And I have to tell them, no, no, no, no, that's not from the bond. But they're seeing improvements. That's what we have to do. We have to make sure we send that message, that we are going to deliver what we set out to do. Mr. Gimenez: Commissioner, the -- we had accelerated the pace of projects probably by 50 percent in the last year and a half, and you know, we're continuing to accelerate. We've got to get to a point where we can do at least fifteen million dollars ($15,000,000) worth of projects per year, because that's basically what the funding that we have, we (INAUDIBLE) get from the bonds and additional funding will come from. So, it will be at least a fifteen million dollar ($15,000,000) clip. We're not -- we're at about a forty-five million dollar ($45,000,000) clip right now. So, I mean, you're seeing a lot of improvements. In terms of the paving, we've got a 274 November 15, 2001 company that's working right now. We should have a report delivered within the next couple of months that will assess the entire road network and will tell us the City -maintained roads, which are in the worst condition, so that there -- that will be our guidebook as to how to prioritize the repaving and, you know, and improvement of the roadway in the City. Commissioner Gort: Mr. Manager, my understanding is that of the hundred and nine million dollars ($109,000,000) that's not (INAUDIBLE) bond issues, they've already been allocated to specific projects. Mr. Gimenez: That's correct. A hundred and nine was already allocated. Commissioner Gort: So, those we can get going right away. Mr. Gimenez: That's -- they're moving as we speak. Commissioner Gort: The money's there and it should -- OK. Mr. Gimenez: That's right. There's 38 million that is unallocated. Commissioner Gort: Right. Mr. Gimenez: That's sitting there and -- Commissioner Gort: But the 109 is -- Mr. Gimenez: -- we can come back real soon and come back and give you some suggestions as to how it could be spent. Chairman Teele: Mr. Manager, I'm going to be very clear. The park in Little Haiti has been this Commission's priority. You just listed your two priorities. I have a very difficult time believing that fixing up other people's parks and fixing up roads and fixing up sidewalks take precedence over someone who doesn't have anything. And I would ask you, respectfully, that if there is a list of first-year priorities, we must -- I mean, I would -- Mr. Gimenez: I'm sorry that you misunderstood. I mean, you probably understood me wrong because I didn't mention it. But remember, I said that those were two high priorities but there are other projects that could come online at the same time. That's absolutely right. Chairman Teele: And I think, given the (INAUDIBLE) in assembling land and all that, we're going to wind up with a project that's going to wind up being astronomical if we don't move quickly and get that land, either through eminent domain or otherwise. I mean -- because I'm going to tell you, it's going to get totally out of control once people realize that the City wants it. One of the things that I recommend very strongly is, before you make these -- the statements and go down we're going, I think what you should look at is all of the out and allocated money, and look with the lawyers and the budget people, and let's use that money to front your bond projects. Don't -- we don't need to allocate any more projects. Let's front your bond projects to 275 November 15, 2001 I the extent that you have the flexibility under the source of the funds. In other words, we've got a list of projects that we committed to do. The public is expecting us -- you know, we've got a series of projects. And whether it be the Orange Bowl or whether it be something in the Grove area, we need to work off of those projects first, in my opinion. And in that regard, we should look at all unallocated dollars, all reserve dollars that we can, even strategic reserve, which we -- which I objected to going into. The reason I objected going into the strategic reserve is because we didn't have a replacement fund. But to the extent we can replace those dollars, you have a lot more flexibility right now than we're giving ourselves credit for. We need to look at every dollar reasonably. The strategic reserves, the unexpended dollars from last year, the parking surcharge dollars that are going to be released -- Commissioner Gort: Thirty eight million dollars ($38,000,000). Chairman Teele: The thirty eight million dollars ($38,000,000). We need to look at that and come up with a plan of fronting the bond money because all that money's going to come back to you. You know, you're not going to lose any of that money, but we make -- we keep our face and commitment with the public in saying we're working on this. So, I would hope, really, that you all would have a long discussion with some financial advisors and with the Assistant Manager for Finance, and Budget, and Operations and really come up with a plan. Because I think you've got probably about sixty million dollars ($60,000,000) of funds that you can front the bond program with if we look at it -- you know, and it's not everything across the board. You've got to put the square pegs in the square holes and the round pegs in the round holes. But there's sufficient flexibility that we can move forward. Mr. Gimenez.: Yes, sir. Commissioner Regalado: Let me say something. I think that, as we move on, we should have a special campaign to inform the public about the steps that are being taken in bond. In the Little Haiti thing, we should have -- I mean, people don't know that there is a huge committee of many important persons that have been talking about this. When you move forward on trying to buy some land, you know, the steps that we need to take when we know the site, when we have -- we got to do one of the biggest celebrations ever in the City of Miami for one reason. People say that people attack us because they say that the City of Miami is a city that is getting old, that its residents are getting on; that in the census, in 10 or 20 years, doesn't -- population doesn't go up, and that is stagnant. This, I think, it will be the first time -- is it the first time? -- in the City that we create a new park. And it is important to have the people participate. But by doing that, we should create like a phrase "Your bond's working for quality of life," something like that. Start placing signs in the property. This project will begin on January 2003. This project will begin, you know -- that is the only way that we are going to recapture the trust of the people because, in one year's time, the people are going to say, "What about the bonds that we voted for? Those politicians, you know, they promise everything and they don't deliver." I am willing to give you guys and the Manager and the new Mayor what I think could be a comprehensive marketing plan for the bonds, in terms of sites and campaigns and phrases and all that, but we've got to do something. We -- you know, by January, February, we've got to have something in place in terms of Little Haiti Park, which, by the way, should be the priority because no one can attack a park. People may think, well, you know, the police training or whatever. You know, we -- it is 276 November 15, 2001 great that we're going to do this, but the park is something that every community will be happy that a community -- the park in Little Haiti will be a unifying issue in the City of Miami. And this is why we need to bring like a huge party for weeks, people from other communities to see what a community will have in terms of a park, which they don't have at all. So, I agree with Commissioner Teele. I mean, Mr. Manager, the Little Haiti Park is a symbol of something new. The streets, we have to do it. The sidewalks, we have to do it. The other parks, we have to fix it. Commissioner Winton: You know, Commissioner Regalado, it seems to me the other thing that we ought to do, tied to your marketing thoughts there, is that this 109 million that we've already identified projects for, that we have the funding for, we ought to be doing the same kind of promotion with all of that money that we're doing with the bond money. And maybe you can think of the right words to put there on the top of the signs, but we ought to do that same kind of signage and have some sort of monitor on all those signs, again, that points out how we're using money that the City of Miami has to improve our neighborhoods. And I don't know what that is. I don't know what the right pitch is, but you can help -- Commissioner Regalado: The right phrase is: Hey, this is what we're doing with the money we (INAUDIBLE). Commissioner Sanchez: Mr. Chairman. Mr. Chairman, if I may. I think the word that we're looking for here is "accountability." Accountability. And I would move that the City Manager provide the Commission, on a quarterly report, the planning aspect of it, the design aspect of it, the construction aspect of it, and the completed aspect of it. In that way, we are informed of the progress that we're making, and then we could inform the voters -- or the residents of Miami of the progress that we're making with the bond. So that -- I move that the City Manager report to us, on a quarterly basis, on those four factors. So moved. Chairman Teele: Moved and second by Commissioner -- Commissioner Winton: Winton. Chairman Teele: -- Winton. Is there objection? All in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. 277 November 15, 2001 • 0 The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 01-1245 A MOTION DIRECTING THE CITY MANAGER TO PROVIDE THE CITY COMMISSION WITH QUARTERLY STATUS REPORTS ON THE PROGRESS OF THE PLANNING, DESIGN, CONSTRUCTION AND COMPLETION ASPECTS OF THE PROGRESS OF PROJECTS TO BE DEVELOPED WITH PROCEEDS FROM GENERAL OBLIGATION BONDS FOR NEIGHBORHOOD AND OTHER IMPROVEMENTS. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 278 November 15, 2001 • Chairman Teele: Pocket items. Commissioner Gort: I have one. Chairman Teele: Commissioner Gort, • Commissioner Gort: This is a half of a pocket item that we had passed before, which is the Rickia Isaac Foundation Inc., Christmas Jam Fest. If you recall, we allocated ten thousand dollars ($10,000) for the first event, and only forty-five hundred was spent. And there was a remainder of fifty-five hundred dollars ($5,500) that they need. Chairman Teele: Motion. Is there a second? Second. Commissioner Regalado: Second. Chairman Teele: All in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. The following motion was introduced by Commissioner Gori, who moved its adoption: MOTION NO. 01-1246 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO WAIVE THE COST OF POLICE SECURITY IN AN AMOUNT OF $5,500 FOR THE RICKIA ISAAC FOUNDATION, INC.'S "CHRISTMAS JAM FEST" EVENT SCHEDULED FOR DECEMBER 25, 2001 AT THE MIAMI ARENA. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 279 November 15, 2001 E ` TQQ QQ t " s Chairman Teele: Next item -- pocket item. Commissioner Winton: I have several. I've got two banners. Orange Bowl banners for Orange Bowl and -- Commissioner Gort: Second. Commissioner Winton: -- National Hispanic Circus. Commissioner Sanchez: Don't forget -- hey, don't forget your doggie park. Commissioner Gort: Second. Commissioner Winton: No. That's coming. Doggie park's next. Commissioner Sanchez: Don't forget your doggie park. Commissioner Winton: Two banners, Orange Bowl banners and National Hispanic Circus. So moved. Commissioner Sanchez: Second. Commissioner Gort: Second. Commissioner Winton: All in favor. Chairman Teele. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO. 01-1247 A MOTION DIRECTING THE CITY MANAGER TO CO-SPONSOR (1) THE ORANGE BOWL NATIONALLY RANKED FOOTBALL GAME AND PARADE FESTIVITIES, AND (2) THE CIRCO MUNDIAL SCHEDULED FROM DECEMBER 13-30, 2001 AT BICENTENNIAL PARK; FURTHER AUTHORIZING THE PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN THE CITY OF MIAMI TO PROMOTE BOTH EVENTS. 280 November 15, 2001 • • Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES; Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Commissioner Sanchez: The banner man and the dog man. 281 November 15, 2001 nll 9'141 Commissioner Winton: And -- no. No Coral Castle. We're not doing Coral Castle. That's outside the City. Doggy park. Commissioner Sanchez: Doggy park. Commissioner Winton: Roof roof. We have a resolution of the Miami City Commission authorizing the City Manager to execute an amendment to an existing agreement, in substantially the attached form, with Ralston Purina Company to extend the term of the agreement from October 1, 2001 to September 30, 2002, and to accept an additional donation with an estimated value not to exceed eighty-five hundred dollars ($8,500) for the Department of Parks and Recreation for certain capital improvements at no cost to the City of Miami. So moved for doggy park. Commissioner Gort: Second. Commissioner Sanchez: Second. Chairman Teele: Moved and seconded. Is there objection? All in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1248 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AN EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH RALSTON PURINA COMPANY TO EXTEND THE TERM OF THE AGREEMENT FROM OCTOBER 1, 2001 TO SEPTEMBER 30, 2002, AND TO ACCEPT AN ADDITIONAL DONATION, WITH AN ESTIMATED VALUE NOT TO EXCEED $8,500, FOR THE DEPARTMENT OF PARKS AND RECREATION FOR CERTAIN CAPITAL IMPROVEMENTS, AT NO COST TO THE CITY OF MIAMI, AT THE SECTIONS OF BLANCHE AND DAVID T. KENNEDY PARKS WHICH ARE DESIGNATED AS DOG PARKS. 282 November 15, 2001 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton ABSENT: None. 283 November 15, 2001 544=, QRiZE �VIANA ` R 'TQEXEGUTE AM 1E' TQ�AG SEN ' TT �DUM E�� =' Q ARE�EIVJEN': Q tLV0 Commissioner Winton: And here is another one. A resolution of the City of Miami Commission authorizing the City Manager to execute an amendment to an agreement, in a form acceptable to the City Attorney, with a joint venture of Ronald Book, P.A.; Katz, Kutter, Haigler, et al, the Commerce Group, and Rosario Kennedy and Associates Corp. to extend the term of the agreement for state government lobbying and consulting services from December 1, 2001 to June 30, 2002, under the same terms and conditions as the existing agreement; allocating funds in an amount not to exceed a hundred and eighty-five thousand dollars ($185,000), plus twenty-five thousand dollars ($25,000) for expenses. Commissioner Gort: Second. Chairman Teele: Is there a second? Commissioner Gort: Second. Chairman Teale: By Commissioner Gort. Is there objection? All in favor say "aye." The Commission (Collectively): Aye. Chairman Toole: All opposed. The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1249 A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE JOINT VENTURE OF RONALD L. BOOK, P.A.,; KATZ, KUTTER, HAIGLER, ET AL, THE COMMERCE GROUP; AND ROSARIO KENNEDY & ASSOCIATES CORP. TO EXTEND THE TERM OF THE AGREEMENT FOR STATE GOVERNMENT LOBBYING AND CONSULTING SERVICES FROM DECEMBER 1, 2001 TO JUNE 30, 2002, UNDER THE SAME TERMS AND CONDITIONS OF THE EXISTING AGREEMENT; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $185,000, PLUS $25,000 FOR EXPENSES, FROM ACCOUNT CODE NO. 0100.920216.6340.27019, FOR SAID SERVICES. 284 November 15, 2001 0 • Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 285 November 15, 2001 C NA s��R..:� � 00,o E��sFs, Q NR�AL OPS �:;E EW� T I N T Fn 'k:9p :'. St. Y;, 's e:a§w".. T.it., A` ..: .- 6`7d• P -XAN N, AL, XZENS951 Commissioner Winton: One last issue here. A motion of the City of Miami Commission directing the City Manager to transfer up to one hundred thousand dollars ($100,000) of excess funds from the 2001 budget of the Mayor, to be used for transition expenses, including personnel, overtime, and other costs to the 2002 budgets of both the Mayor and the incoming District 1 Commissioner. Chairman Teele: Second. Commissioner Winton: So moved. Chairman Teele: Is there a second? Commissioner Gort: Second. Commissioner Sanchez: Second. Chairman Teele: All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01-1250 A MOTION DIRECTING THE CITY MANAGER TO TRANSFER AN AMOUNT NOT TO EXCEED $100,000 OF EXCESS FUNDS FROM FISCAL YEAR 2001 GENERAL OPERATING BUDGET OF THE OFFICE OF THE MAYOR INTO FISCAL YEAR 2002 BUDGETS APPROPRIATED FOR BOTH THE OFFICES OF THE MAYOR ELECT AND THE INCOMING DISTRICT 1 COMMISSIONER, SAID FUNDS TO BE USED FOR TRANSITIONAL EXPENSES, INCLUDING PERSONNEL, OVERTIME AND OTHER RELATED COSTS. 286 November 15, 2001 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Commissioner Winton: I think that's it. 287 November 15, 2001 Chairman Teele: Commissioner Sanchez. Commissioner Sanchez: Sir, I do not have any pocket items. I would just add two names to your pocket item on appointments to the Status of Women. Chairman Teele: All right. Commissioner Regalado. Commissioner Regalado: I have a pocket item. It's a resolution of the Miami City Commission approving City of Miami's co-sponsorship and authorizing and directing the provision of technical support, assistance, and in-kind contributions and services in an amount not to exceed a hundred and eighty thousand dollars ($180,00) for the following parades and events for fiscal year 2001, 2000 -- I think something is wrong here. Two thousand and one, 2002. Chairman Teele: Two thousand one, 2002. Commissioner Regalado: King Orange Bowl Parade, Martin Luther King Parade, Toys For Kids, Three Kings Parade, Miami Goombay Festival, Farah Juste Concert, and Jose Marti Parade. I would also like to add to this resolution the Roots and Cultural Haitian Festival with twenty thousand dollars ($20,000) additional. So this is the budget. This is nothing new. We do this every year, and this is the budget that we do for the parades that you all chose. But I'm adding twenty thousand dollars ($20,000) for the Roots and Cultural Haitian Festival, the same one that will be coming here so they can plan ahead when they're doing their numbers. So, I'll move this. Commissioner Sanchez: Mr. Regalado, can I make an amendment to your -- Chairman Teele: Second it. Commissioner Sanchez: -- to your motion? Commissioner Gott: Second. Commissioner Sanchez: I'll second it and can I -- Commissioner Regalado: Sure. Commissioner Sanchez: Would you accept an amendment to add sponsorship of one cultural Friday, which is seven thousand, five hundred dollars ($7,500) in Little Havana? 288 November 15, 2001 Commissioner Regalado: Absolutely. Commissioner -- Chairman Teele: OK. That takes it to two hundred and seven thousand dollars ($207,000). Now, we got a budget approval by the Manager for 180,000. So, can -- Commissioner Regalado: Well, we need to find the rest of the money. Chairman Teele: Wait, wait, wait. OK. Let's just get -- we have his approval for 180 and we're adding 27,000. Is there a problem, Madam Director, Mr. Manager? Linda Haskins: Linda Haskins, Director of Management and Budget. There's no problem. There's still enough left in the vessels. Chairman Teele: All right. So, it's added. Commissioner Regalado: And let me say something. Let me say something. I mean, Commissioner Sanchez has been rc-elected, so he's not running for anything. But one thing that we have to say is that this man has done, by himself, the Cultural Fridays. I mean, roe, you -- Commissioner Winton: He and his horse. Commissioner Regalado: And his horse. Well, I don't know about that, but I -- but, you know -- and, you see, there is a (INAUDIBLE) sword always over the Cultural Fridays because the police (INAUDIBLE) and, you know, there's sponsorships. And we just cannot let that thing die. We -- I mean, I would hope to have Cultural Thursdays in Coral Way, you know, Cultural Saturdays in Flagler because this is what Miami is about, what it began, like hey, let's throw a party. It has become a tradition of thousands and thousands of persons. And I just -- you know, I just don't think that you need to come here and beg for seven thousand dollars ($7,000) for one Cultural Friday. I think that we need to think in the future of ways to establish that. Chairman Teele: Did you say 7,000 or seven five? Commissioner Regalado: And so -- my motion. Commissioner Sanchez: Seven five. That's all it costs. Chairman Teele: The Manager has agreed to it, as amended. The dollar amount is two hundred and seven thousand, five hundred dollars ($207,500), with the addition of the 20,000 and the 7,500, as amended. Further discussion. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. 289 November 15, 2001 • �J The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 01-1251 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CITY OF MIAMI'S CO-SPONSORSHIP AND AUTHORIZING AND DIRECTING THE PROVISION OF TECHNICAL SUPPORT, ASSISTANCE, AND IN-KIND CONTRIBUTIONS AND SERVICES, IN AN AGGREGATE AMOUNT NOT TO EXCEED $207,000, FOR THE FOLLOWING PARADES AND EVENTS FOR FISCAL YEAR 2001-2002: TOYS FOR KIDS, KING ORANGE BOWL PARADE, FARAH JUSTE CONCERT, THREE KINGS PARADE, MARTIN LUTHER KING PARADE, CULTURAL FRIDAY, JOSE MARTI PARADE, ROOTS AND CULTURAL FESTIVAL AND MIAMI GOOMBAY FESTIVAL. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 290 November 15, 2001 Commissioner Sanchez: I've got a pocket item. Chairman Teele: Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. Pocket item. A resolution of the City of Miami appointing Ms. Shashi Jagadish -- Unidentified Speaker: Jagadish. Commissioner Sanchez: -- Jagadish to the Commission of Status of Women and reappointing Karen Cartright to the committee; also appointing Luisa Garcia Toledo and Partrica Hsu. Chairman Teele: Those are individual appointments, Commissioner Sanchez: Yes, those are individual appointments. Chairman Teele: The first two were my appointments. Commissioner Sanchez: They're reappointment, and the other ones were individual appointments. Chairman Teele: And the other two are Commissioner Sanchez's -- Commissioner Sanchez: Yes. Chairman Teele: -- appointment. Is there a second for the four -- Commissioner Winton: Second. Chairman Teele: Second by Commissioner Winton. Is there objection? All those -- Commissioner, did you want to amend that to add a name? Commissioner Winton: Yes. Yes. Please. ChairmanTeele: Let's just pause for a minute, Commissioner Winton: Yes. I'd like to add Lucie Tondreau. Commissioner Sanchez: Lucie Condreau? Commissioner Winton: Tondreau. 291 November 15, 2001 Chairman Tecle: Tondreau is an appointment by Commissioner Winton, Commissioner Sanchez: Tondreau. Chairman Tecle: As amended, we have a motion, as amended. Commissioner Regalado: I need to add one name, Allyson Warren, the chairperson, which -- by the way, she has done an extraordinary work, Allyson. Chairman Teele: Is that acceptable to the maker of the motion? Commissioner Sanchez: Yes, sir. Chairman Teele: All right. So, we have the motion relating to five appointees to the Status of Women, two by Commissioner Teele, two by Commissioner Sanchez, one by Commissioner Regalado. Is there further discussion? All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01-1252 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI COMMISSION ON THE STATUS OF WOMEN. Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 292 November 15, 2001 • • Chairman Teele: Let me yield to Commissioner Sanchez. And I would like to make the following three pocket items. The first one is entitled Pocket Item Number 5. It's at the -- with the approval of the City Attorney. A resolution of the City of Miami Commission authorizing the allocation of funds, in an amount not to exceed ten thousand dollars ($10,000), from account 001000.920205.6.2508 entitled "NDA Professional Services - Legal Account," to pay for the services of a hearing officer to conduct code enforcement violation hearings, including billboard violations, pursuant to Section 2-826 of the City Code. So moved. Commissioner Winton: Second, Commissioner Sanchez: There's a motion and a second. Open for discussion. Chairman Teele: Mr. Attorney, that -- and as written and this has your support, I believe, Alejandro Vilarello (City Attorney): Yes, sir. Commissioner Sanchez: Hearing none, it's a resolution. All in favor say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Anyone opposing, having the same right, say "nay." unanimously. The following resolution was introduced by Chairman Teele, who moved for its adoption: RESOLUTION NO. 01-1253 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $10,000, FROM ACCOUNT NO. 001000.920205.6.250, ENTITLED "NDA PROFESSIONAL SERVICES — LEGAL ACCOUNT," TO PAY FOR THE SERVICES OF A HEARING OFFICER TO CONDUCT CODE ENFORCEMENT VIOLATION HEARINGS, INCLUDING BILLBOARD VIOLATIONS, PURSUANT TO SECTION 2-826 OF THE CITY CODE. 293 November 15, 2001 Passes Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado 294 November 15, 2001 `AMEND3ESQJ,J�I4N Q, COQ7 _ IPP YNQ IYIE � M S` Q ' ML�Ni� �C, PEYPI'D co: 94 Q P TO D v LC?' TQ 7M1? E 'Q0N RU � (� p PLADOt'C(NSTRICIQ'1 ON ESE 1 1rLS F Chairman Teele: The next one is a technical issue. It is a resolution of the City amending Resolution 00-579 by decreasing the number of unit -- apartments and housing to be built by Palmetto Homes from five to now four, and further extending the deed with the City of Miami for one year, to expire on December 28t", 2002. And that has been cleared through the Department. Commissioner Sanchez: The City Attorney approves? Alejandro Vilarello (City Attorney): Yes, sir. Commissioner Sanchez: There's a motion. Is there a second? Commissioner Winton: Second. Commissioner Gort: Second. Commissioner Sanchez: Second. Open for discussion. Hearing none -- Chairman Teele: Mr. Attorney, now this is something you all had back and forth and this is what you all said we needed to do to -- Mr. Vilarello: This was my recommendation, to extend the additional -- for additional 12 months the construction of the build -out of this project. Commissioner Sanchez: Let the record reflect that. Hearing none, all in favor say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: unanimously. Anyone opposing, having the same right, say "nay." Passes u 295 November 15, 2001 • • The following resolution was introduced by Chairman Teele, who moved for its adoption: RESOLUTION NO. 01-1254 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-579, APPROVING THE DESIGNATION OF PALMETTO HOMES OF MIAMI, INC. ("DEVELOPER") TO CONSTRUCT FIVE (5) NEW SINGLE FAMILY HOMES AFFORDABLE TO FAMILIES AND INDIVIDUALS OF VERY LOW, LOW AND MODERATE INCOME ON THREE (3) CITY -OWNED VACANT PARCELS IN THE MODEL CITY NEIGHBORHOOD, TO REFLECT A REDUCTION IN THE NUMBER OF HOUSING UNITS PLANNED FOR CONSTRUCTION ON THESE PARCELS, FROM FIVE (5) TO FOUR (4) HOMES; ALSO GRANTING A TWELVE (12) MONTH EXTENSION, FOR THE DEVELOPER TO COMPLETE CONSTRUCTION OF THE REMAINING THREE (3) SINGLE FAMILY HOMES PLANNED FOR CONSTRUCTION ON THESE PARCELS; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH PALMETTO HOMES OF MIAMI, INC. FOR SAID PURPOSE. Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado 296 November 15, 2001 0QAN.GER_TOX�GUT]r 'GREE `T81TW�E CITY AQP GRQ FSR F�4 P�Q'SES Q TNFE .. S Ua x 1£AQo�� k. � , : . ���R�'lY�BNT �`Gl�►L��13A� �OOQ�3T�}. ��` r� �� <`��` ;� .; Chairman Teele: All right. And this is a resolution that codifies the budget instructions that was pursuant to the budget hearings and then again in September, relating to FOCAL (Foundation of Community Assistance & Leadership) and the not-for-profit technology company -- CBO (Community Based Organization). A resolution requesting that the City Manager execute an agreement between City and FOCAL Group, a not-for-profit, for the purpose of transferring the surplus funds, in the amount not to exceed one hundred and fifteen thousand dollars ($115,000), from the Parks Department fiscal 2000 budget. In addition, requesting that this item be placed on the December 13th agenda for the allocation of funds for the Budget Department, requesting that it be placed on the December 11th or 13th agenda. Commissioner Sanchez: Madam Finance Director, do you recommend this? Linda Haskins: Linda Haskins, Director of Management and Budget. We had previously identified funding, not from the Parks surplus from last year, but from a Parks Special Revenue Fund. And we have reserved the space on the agenda to bring that on the December 13th meeting. What we need -- what's important about this resolution is to make sure that the agreement gets executed. Commissioner Winton: Second. Commissioner Sanchez: Is there a motion? Chairman Teele: All right. Commissioner Winton: So moved. Commissioner Gort: Move it. Commissioner Sanchez: So moved and second. Commissioner Gort: Second. Commissioner Sanchez: Moved by Johnny Winton; second by Commissioner Gort. Open for discussion. Hearing none, all in favor say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: unanimously. Anyone opposing, having the same right, say "nay." Passes 297 November 15, 2001 The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 03-1255 A MOTION REQUESTING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI AND FOCAL GROUP, A NOT-FOR-PROFIT COMMUNITY BASED ORGANIZATION, FOR THE PURPOSES OF TRANSFERRING SURPLUS FUNDS IN AN AMOUNT NOT TO EXCEED $115,000 FROM THE PARKS DEPARTMENT FISCAL YEAR 2000 BUDGET; FURTHER REQUESTING THAT THIS ITEM BE PLACED ON THE DECEMBER 11TH OR 13TH AGENDA FOR ALLOCATION OF FUNDS. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E, Teele, Jr. Commissioner Wifredo Gort Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado 298 November 15, 2001 Commissioner Sanchez: Allyson, I believe you wanted to be heard Allyson Warren: Gentlemen, I'm sorry to bother you about this. I also sit on the Code Enforcement Board and my vice chair was here earlier in the day. Several months ago, when we made our presentation to the Commission, we asked you about the availability of a translator for our board. Mr. Vilarello has assured us, on more than several occasions, that it's critical that we have one. We'd like to know what progress has been made, if any, since you gentlemen passed the resolution at that time. Commissioner Winton: And who's responsibility was it to make that happen? Chairman Tecle: I will say this. I think that's one of the areas that we really need to look at in the Code. The proper responsibility, in my judgment, should be with the Clerk for these kinds of matters. And I don't mean to -- I've not discussed this with you -- your office, but I think someone that's dealing with this on a regular basis, especially when you're dealing with Code enforcement, we need to be fair to people. We have a number of Spanish, as well as Haitian - speaking people who really don't understand and it's really important that we -- Commissioner Winton: I think it's crucial. I mean, that's why we voted on it. But it -- the Manager thinks it is the Clerk's responsibility, by the way. Chairman Teele: Oh, do you? Commissioner Winton: Because I asked him that question earlier today. Carlos Gimenez (City Manager): Yes. Walter Foeman (City Clerk): Can we talk about that, at some point, Commissioner? Chairman Teele: Well, I think what you ought to do is get us an item on the budget asking -- work with the Budget Director, between now and the 11th, and let's bring it back up on the 11th to make sure that you have the right legislation and the authority to do it. And is there a lot more to talk about other than money to do it and -- Mr. Foeman: No. Chairman Teele: I mean -- Mr, Foeman: We're going to establish a purchase order for Commission meetings as relates to PZ (Planning and Zoning) items, but Code Enforcement Board wasn't in our initial focus. 299 November 15, 2001 Chairman Teele: And what we need to do is, I think, get with the City Attorney and get the legislation prepared, and then you meet with the Budget Director and let's make sure that there is authority to do it. But I really do think it's important in code enforcement. Commissioner Winton: Well, I tell you. There's another issue here, though, and I don't know how to get at it. But I think we need to give some instruction to both the Manager, the City Clerk and the City Attorney, and that is that we passed this request months ago and it isn't our responsibility and we shouldn't have to go chasing this down. So, it seems to me that all three of those entities are represented here. They need to figure out among themselves who's got the responsibility and whether we need new legislation or not. This shouldn't be some item that comes back to us because the ball got dropped. So, if there's any misunderstanding in the future, I think they need to, you know -- as these issues come up -- and I don't know what the next one's going to be -- you just assume everybody knows who's supposed to do what. But, at least, among these three senior management entities, we ought to have some closer working together so that this stuff doesn't fall through the crack. Chairman Teele. I fully agree. Commissioner Gort: Yeah. Chairman Teele: I fully agree. And what we really ought to do is get legislation done that gives that as a duty of the Clerk's Office to do that. Further discussion. 300 November 15, 2001 Chairman Teele: I think, in all seriousness, you know, I have only one regret and I really wish that our Mayor and this Commission had cooperated, over the last two years, the way we had a spirit of cooperation. (INAUDIBLE) the Mayor couldn't have been nice. It came back, But what a better way to end, I mean, than on a positive note. I do think it's important that the Mayor, under this unique Charter provision, which both the County and the City have all recognized as -- it's not a good provision, but it is the law. The Mayor should have the authority to name the chairperson of the Commission. And I think that Manny Diaz is the person who has come -- been elected and he is the person that I think -- I know I'm going to work very well with. He's a lawyer and he's represented some of my -- his firm has represented some of my interests in the past, which one of his partners is my long-time law partner (INAUDIBLE). So, I mean, I want to be very clear. I have a good channel to the Mayor and I work closely with the Mayor. But I think that the Mayor should have the opportunity to name his own chairman. And I don't want any misunderstandings about mischief. I want to say publicly that Mayor Carollo has said to any number of people to me for two and a half years that he wanted to make me chairman, if I would only act right. And I think, if you'll note that he never named a chairperson, in fairness to Joe. But I also think that his action today and my acceptance could be misconstrued as creating some political mischief. I firmly believe that Mayor Carollo, because he told any number of my close friends, as well as my wife, Stephanie, that he was going to name me chairman over two years ago. He couldn't bring himself to do it, and probably for good reason, because a chairman really should be someone close and working in tandem with the Mayor. And I am certain that there are persons on this Commission that have worked closely with Mayor Diaz and I will be looking forward to working with the new chairman, whomever Mayor Diaz names. So, I'm announcing my resignation. Commissioner Sanchez: Here, here. Commissioner Gort: Here, here. Chairman Teele: With that, is there any other matter to come before the Commission? 301 November 15, 2001 0 • Commissioner Winton; What's this thing on Salt Lake? Salt Lake -- is that -- Chairman Teele: Oh. Pocket item by Commissioner Winton regarding the Salt Lake Olympics. Commissioner Winton: You want me to read this? Chairman Teele: Title, Commissioner Gort: Say it. Commissioner Winton: I don't know. I haven't even read it yet. It's -- we did pass this? No, I didn't hear it. Resolution of the City of Miami Commission, with attachments, authorizing the City Manager to execute an agreement, in substantially attached form, with the Salt Lake Organizing Committee for the Olympic Winter Games of 2002 for the provision of support services required for showcasing the Olympic Torch Relay event at Bayfront Park on December 8"', when the Olympic torch is passed from one torchbearer to another in the City of Miami, which has been designated as one of the world's community celebration sites. Commissioner Gort: Second. Commissioner Winton: So moved. Commissioner Gort: Second. Chairman Teele: Moved and seconded. Mr. Director. Is there a discussion? All those in favor say "aye." The Commission (Collectively): Aye. 302 November 1S, 2001 0 C7 The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01-1256 A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE SALT LAKE ORGANIZING COMMITTEE FOR THE OLYMPIC WINTER GAMES OF 2002 FOR THE PROVISION OF SUPPORT SERVICES REQUIRED FOR SHOWCASING THE OLYMPIC TORCH RELAY EVENT AT BAYFRONT PARK ON DECEMBER 8, 2001, WHEN THE OLYMPIC TORCH IS PASSED FROM ONE TORCHBEARER TO ANOTHER IN THE CITY OF MIAMI, WHICH HAS BEEN DESIGNATED AS ONE OF THE WORLD'S COMMUNITY CELEBRATION SITES. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None, ABSENT: None. 303 November 15, 2001 0 Chairman Teele: Is there any other matter, other than a final salute to the man who has -- Mr. Jackson, did you have something else? John Jackson (Director, Public Works): Yes. Earlier today, Commissioner, you had asked about the status of the Street Codesignation for Lourdes Aguilar Way. Commissioner Gort: Yes. Mr. Jackson: I checked with staff and it will be scheduled for the Street Codesignation meeting on November 281n Commissioner Gort: It's already been in the meeting. Commissioner Regalado: Make sure that -- John, make sure that you include the ones that we did today for the November 2W" meeting. We did another one today. Mr. Jackson: But I can't schedule a public hearing. 304 November 15, 2001 • 0 Chairman Teele: Ladies and gentlemen, I would ask that we, again, give a salute to the Commissioner that has served faithfully one more time -- Commissioner Willy Gort. [APPLAUSE] Commissioner Gort: Thank you. Thank you. Like I stated before, I'm not going away and I'Il always -- the City of Miami is my love, and you all know it. I served it for 30 something years and I will always be here and I'll be coming back in front of you. I'll be sitting over there and asking for a lot of things. Chairman Teele: Meeting stands adjourned. 305 November 15, 2001 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 7:33 P.M. ATTEST: Walter Foeman CITY CLERK Sylvia Sehieder ASSISTANT CITY CLERK JOE CARROLLO MAYOR 306 November 15, 2001.