HomeMy WebLinkAboutCC 2000-01-27 MinutesOF MEETING HELD ON JANUARY 27, 2000
Walter J. Foeman/City Clerk
•
0,
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
ITEM NO.
INDEX
MINUTES OF COMMISSION MEETING
January 27, 2000
SUBJECT
1. TABLE EXECUTIVE SESSION RE PARKING
SURCHARGE LAWSUITS [See Sections # 3 and #7]
2. PRESENTATION BY DOWNTOWN
NEIGHBORHOOD ENHANCEMENT TEAM (NET)
3. TABLE EXECUTIVE SESSION RE PARKING
SURCHARGE LAWSUITS [SEE SECTIONS # 1 and 7]
4. CONSENT AGENDA
4.1 ACCEPT BID OF TEM SYSTEMS, INC., FOR
PURCHASE AND INSTALLATION OF ELECTRIC
GATE ARMS AND OPERATING HARDWARE AT
POLICE HEADQUARTERS BUILDING, ($5,276);
ALLOCATE FUNDS FROM THE DEPARTMENT OF
POLICE.
4.2 ACCEPT BID OF EAGLE A/C MIAMI, INC., FOR
PROVISION OF AIR CONDITIONING
MAINTENANCE SERVICES AT POLICE
HEADQUARTERS BUILDING, NORTH AND
SOUTH SUBSTATIONS AND THE DAVID
HERRING TRAINING CENTER, ($39,842),
ALLOCATE FUNDS FROM DEPARTMENT OF
POLICE.
x"klyXV40to] a
1/27/00
DISCUSSION
1
1/27/00
PRESENTATION
1-4
1/27/00
DISCUSSION
5
1/27/00
DISCUSSION
5-6
1/27/00
R-00-66
6
1/27/00
R-00-67
6
4.3
ACCEPT BID OF MAGESCO, INC., ($29,594) FOR
1/27/00
"MUNICIPAL SHOPS TRAILERS (ELECTRICAL) B-
R-00-68
5646"; ALLOCATE FUNDS AS APPROPRIATED IN
7
ORDINANCE 11705 AND 11839, THE ANNUAL
APPROPRIATIONS AND CAPITAL IMPROVEMENT
PROJECTS ORDINANCES, AUTHORIZE MANAGER
TO EXECUTE CONTRACT.
4.4
ACCEPT DONATION ($1,500) FROM THE K-MART
1/27/00
FAMILY FOUNDATION, TO BE USED
R-00-69
EXCLUSIVELY BY THE POLICE DEPARTMENT'S'
7
DRUG ABUSE RESISTANCE EDUCATION ("D.A.
R.E.") PROGRAM.
4.5
ACCEPT DONATION FROM MCDONALDS
1/27/00
CORPORATION, ($1,000) CONSISTING OF FOOD,
R-00-70
AND FROM PAWA COMPLEX INTERNATIONAL,
.8
INC., ($2,256), CONSISTING OF TOYS FOR NEEDY
CHILDREN, FOR THE PARKS AND RECREATION
DEPARTMENT, FOR " SNOW IN THE SUNSHINE "
EVENT HELD AT ORANGE BOWL STADIUM.
4.6
CLASSIFYING LIGHT POLES AND FIXTURES
1/27/00
LOCATED AT ROBERT E. LEE MIDDLE SCHOOL,
R-00-71
3100 N.W. 5TH AVENUE, AS SURPLUS; DONATE
8-9
TO MIAMI-DADE SCHOOL BOARD.
5.
TABLE CONSIDERATION OF POLICE RETIREES'
1/27/00
HEALTH INSURANCE. [SEE SECTION #10]
DISCUSSION
9
6.
FIRST READING ORDINANCE: AMEND CODE TO
1/27/00
IMPLEMENT AMENDMENTS TO THE CHARTER
FIRST READING
ADOPTED NOVEMBER 2, 1999; CHANGING THE
ORDINANCE
TERM CITY MANAGER WHERE IT APPEARS IN
9-11
THE CODE' TO MAYOR, TO IMPLEMENT THE
"STRONG MAYOR - COMMISSION" FORM OF
GOVERNMENT.
7. COMMENTS RE ATTORNEY — CLIENT SESSION 1/27/00
(CLOSED TO THE PUBLIC) FOR PENDING M-00-72
LITIGATION (MIAMI-DADE COUNTY, ET AL. VS:, -11-12
CITY OF MIAMI) — PARKING SURCHARGE
LAWSUIT.
8. COMMENTS RE ATTORNEY — CLIENT SESSION 1/27/00
(CLOSED TO THE PUBLIC) FOR PENDING M-00-73
LITIGATION (PATRICK MCGRATH, III VS. CITY OF 12-14
MIAMI) — PARKING SURCHARGE LAWSUIT.
9. PERSONAL APPEARANCE BY LEROY JONES ON
1/27/00
BEHALF; OF NEIGHBORS AND NEIGHBORS
M-00-74
ASSOCIATION - MANAGER TO DEVELOP
14-20
PROGRAM AND SUBMIT A REPORT WHICH
WOULD ESTABLISH PROCESS TO APPLY FOR
CITY OF MIAMI FUNDS, AS A FUNDING MATCH
TO MIAMI-DADE COUNTY'S COMMERCIAL
REVITALIZATION PROGRAM; FURTHER
INSTRUCTING THE MANAGER TO DRAFT-
RAFTLEGISLATION.
LEGISLATION.
10. PERSONAL APPEARANCE BY TONY RODRIGUEZ,
1/27/00
PRESIDENT, FRATERNAL ORDER OF POLICE,
DISCUSSION
CONCERNING RETIREE'S HEALTH INSURANCE.
21-26
[See Sec. #5]
11. FIRST READING ORDINANCE: AMEND
1/27/00
CHAPTERS 2 AND 18 OF THE CODE
FIRST READING
"ADMINISTRATION". AND "FINANCE" TO
ORDINANCE.
REMOVE PROVISIONS RELATING TO THE ANTI-
:26-28
DEFICIENCY ACT FROM CHAPTER 2 AND
RELOCATE SAME TO CHAPTER 18 IN NEW
ARTICLE IX ENTITLED "FINANCIAL POLICIES."
12. FIRST READING ORDINANCE: CODE SECTIONS 1/27/00
2-161 AND 2-162 "ADMINISTRATION/OFFICERS" FIRST READING
TO CREATE AND PROVIDE FOR THE ORDINANCE
APPOINTMENT OF CITY ADMINISTRATOR. 28-31
13. DEFER CONSIDERATION OF PROPOSED 1/27/00
AGREEMENT WITH MIKE'S KITCHEN COACH, M-00-75
INC., FOR USE OF SPACE WITHIN THE MIAMI 31-38
MARINE STADIUM PROPERTY; MANAGER TO
RENEGOTIATE SAID AGREEMENT.
14. APPROVE ESTABLISHMENT OF PRE QUALIFIED 1/27/00
BIDDER'S LIST - AUTHORIZE MANAGER TO R-00-76
NEGOTIATE AND EXECUTE AGREEMENTS, TO 38-43
PROVIDE APPRAISAL ' CONSULTING SERVICES,
($75,000).
15. ACCEPT BID OF UNISYS CORPORATION, NETWORK 1/27/00
BACKBONE MAINTENANCE SERVICES, FOR THE R-00-77
DEPARTMENT OF INFORMATION TECHNOLOGY, 44-46
($330,073 PER YEAR); ALLOCATE FUNDS FROM
GENERAL FUND.
16. AUTHORIZE $2,862,950 IN APPLICATIONS FOR 1/27/00
SPECIFIED PROJECTS TO MIAMI-DADE COUNTY R-00-78
FOR SAFE NEIGHBORHOOD PARKS BOND 46-47
PROGRAM - MANAGER TO ACCEPT GRANT.
17. COMMENTS BY COMMISSIONER TEELE RE
1/27/00
SURCHARGE AND LEGISLATION CONTAINING
DISCUSSION
LANGUAGE AS ARTICULATED BY COMMISSION.
47-48
18. APPROVE BIDS RECEIVED FOR OEM PARTS
1/27/00
AND REPAIR OF VEHICLES AND
R-00-79
MOTORCYCLES, FOR DEPARTMENT OF
48-55
GENERAL SERVICES ADMINISTRATION,
($450,000); ALLOCATE FUNDS FROM FY 1999-
2000 GENERAL SERVICES ADMINISTRATION,
LIGHT FLEET DIVISION.
19. APPROVE ESTABLISHMENT OF QUALIFIED
1/27/00
BIDDER'S LIST FOR THE PROVISION OF AUTO
R-00-80
BODY REPAIRS AND PAINTING SERVICES .OF
55-57
CITY VEHICLES, ($800,000), FOR DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION,
FLEET MANAGEMENT DIVISION; ALLOCATE
FUNDS FROM FY 1999-2000 GENERAL
SERVICES ADMINISTRATION, LIGHT FLEET
DIVISION AND HEAVY FLEET DIVISION.
20. RATIFY, APPROVE, CONFIRM MANAGER'S
FINDING OF EMERGENCY, APPROVE
PROCUREMENT OF ORIGINAL EQUIPMENT
MANUFACTURERS ("OEM") PARTS AND REPAIR
SERVICES FOR .THE LIGHT FLEET SERVICE
CENTER, FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, ($128,000);
ALLOCATE FUNDS' FROM DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION,
GENERAL OPERATING BUDGET:
21. AUTHORIZE MANAGER TO EXECUTE
AMENDMENT TO EXISTING AGREEMENT, WITH
GENUINE PARTS COMPANY D/B/A NAPA AUTO
PARTS, FOR IN-HOUSE PARTS OPERATIONS
PARTNERSHIP FOR THE DEPARTMENTS OF
FIRE -RESCUE AND GENERAL SERVICES
ADMINISTRATION TO PROVIDE INCREASES IN
CONTRACT; ALLOCATE FUNDS FROM
DEPARTMENTS OF GENERAL SERVICES
ADMINISTRATION AND FIRE -RESCUE.
22. RESCIND 99-889, WHICH AUTHORIZED
MANAGER TO EXECUTE PROFESSIONAL
SERVICES AGREEMENT WITH MATZ,
TRAKTMAN, FELDMAN & WILDNER COURT
REPORTERS TO PROVIDE SERVICES TO THE
OFFICE OF THE CITY CLERK ($27,360); FURTHER
REINSTATING SAID FUNDS..
23. APPROVE PROCUREMENT OF GLOBE GX7
FIREFIGHTER PROTECTIVE CLOTHING FROM
BENNETT FIRE PRODUCTS CO., INC., USING
BROWARD COUNTY CONTRACT FOR THE
DEPARTMENT OF FIRE -RESCUE, ($92,701);
ALLOCATE FUNDS' FROM FIRE -RESCUE
GENERAL FUND.
1/27/00
R-00-81
58-59
1/27/00
R-00-82
59-60
1/27/00
R-00-83
60-62
1/27/00
R-00-84
62-63
24. RATIFY, APPROVE; CONFIRM MANAGER'S
FINDING OF EMERGENCY; WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED
BIDS, APPROVE RENTAL OF WATER TRUCK
FROM HERTZ EQUIPMENT RENTAL, REQUIRED.
FOR CLEANUP SERVICE FOR THE 1999
GOOMBAY FESTIVAL, ($4,935), FOR
DEPARTMENT OF SOLID WASTE.
1/27/00
R-00-85
63-64-
25. ACCEPT PLAT ENTITLED CHURCH OF THE OPEN 1/27/00
DOOR R-00-86
64-67
26. AMEND 98-1210 TO AUTHORIZE TRANSFER OF 1/27/00
HOME PROGRAM FUNDS, ($500,000), R-00-87
PREVIOUSLY ALLOCATED TO WYNWOOD 67-69
TOWER APARTMENTS, LTD., TO GREATER
MIAMI NEIGHBORHOODS, INC. AND TO
.CORRECT SCRIVENER'S ERROR TO REFLECT
PROPER ADDRESS OF PROPERTY; '
ACKNOWLEDGE GREATER MIAMI
NEIGHBORHOODS, INC. INTENT TO LEND FUNDS
TO WYNWOOD TOWER APARTMENTS, LTD;
ACKNOWLEDGE WYNWOOD TOWER
APARTMENTS, LTD. INTENT TO ENGAGE
PINNACLE HOUSING GROUP, INC., (IN
SUBSTITUTION FOR AFFORDABLE
NEIGHBORHOODS, INC:) FOR THE
CONSTRUCTION AND DEVELOPMENT OF THE
PROPOSED 186 UNIT WYNWOOD TOWER
APARTMENTS PROJECT AT NORTHEAST 23RD
STREET AND NORTHEAST 2"D AVENUE;
AUTHORIZE MANAGER TO EXECUTE
AGREEMENT.
27. AMEND 99-702, TO PROPERLY REFLECT LEGAL
NAMES OF SERVICE PROVIDERS AWARDED
FUNDING FROM THE FY 1998 HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS
("HOPWA"). PROGRAM GRANT. FOR THE
PROVISION OF HOUSING ASSISTANCE AND
HOUSING RELATED SERVICES TO LOW INCOME
PERSONS LIVING WITH HIV/AIDS IN MIAMI-DADE
COUNTY.
28. AUTHORIZE, ALLOCATE FUNDS, ($50,000) TO THE
MIAMI-DADE HOUSING AGENCY, THE SERVICE
PROVIDER, FOR PROVISION OF HOUSING
QUALITY THE SERVICE PROVIDER, FOR.
PROVISION OF HOUSING QUALITY STANDARDS
INSPECTIONS FOR HOUSING UNITS SUBSIDIZED
UNDER HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS ("HOPWA") RENTAL/MORTGAGE
HOUSING ASSISTANCE PROGRAMS FOR LOW
INCOME PERSONS LIVING WITH HIV/AIDS IN
MIAMI-DADE .COUNTY; ALLOCATE FUNDS FROM
HOPWA PROGRAM GRANT.
29. AUTHORIZE MANAGER TO ALLOCATE $742,000
IN STATE HOUSING INITIATIVES PARTNERSHIP
PROGRAM ("SHIP") FUNDS TO THE LITTLE HAITI
HOUSING ASSOCIATION, INC. AND HABITAT
FOR HUMANITY OF GREATER MIAMI, INC. IN THE
DEVELOPMENT OF AFFORDABLE
HOMEOWNERSHIP HOUSING IN THE
NEIGHBORHOODS OF EDISON-LITTLE RIVER
AND OVERTOWN; AUTHORIZE TO EXECUTE
CONTRACTUAL AGREEMENT (S).
1/27/00
R-00-88
69-71
1/27/00
R-00-89
71-73
1/27/00
R-00-90
73-78
30. AMEND 99-773, WHICH ENDORSED AND
1/27/00
RECOMMENDED SUBMISSION OF APPLICATION
R-00-91
TO STATE OF FLORIDA DEPARTMENT OF
79-80
TRANSPORTATION ("FDOT") FOR $25 MILLION.
GRANT TO COVER COSTS OF TWO-WAY
STREET. CONVERSION AND REALIGNMENT AND
CONSTRUCTION OF METRO MOVER STATION (S)
FOR VARIOUS STREETS IN THE DOWNTOWN
MIAMI CENTRAL BUSINESS DISTRICT, TO
ELIMINATE SOUTHEAST 2ND STREET,
SOUTHEAST 2ND AVENUE, SOUTHEAST 4T"
STREET (BISCAYNE BOULEVARD WAY),
BISCAYNE BOULEVARD,,, SOUTHEAST 3RD
STREET, AND SOUTHEAST 3RD AVENUE, TO
PROVIDE FOR AN AMENDMENT TO THE.
APPLICATION TO REFLECT THAT THE GRANT
SHALL BE FOR COSTS ASSOCIATED WITH
HIGHWAY TRANSPORTATION AND ROADWAY
IMPROVEMENTS.
31. ADOPT RECOMMENDATION THAT MANAGER BE
1/27/00
AUTHORIZED TO NEGOTIATE A CONTRACT FOR
R-00-92
ADMINISTRATION OF CITY OF MIAMI'S PARKING
81-86
SURCHARGE PROGRAM WITH THE JOINT
VENTURE OF PARKING NETWORK, INC/RACHLIN
.
COHEN & HOLTZ, LLP; AND FURTHER LIMITING
THE CONTRACT FOR AN AMOUNT NOT TO
EXCEED THE 5%.
32. APPOINT MANOLO REYES AS MEMBER OF THE 1/27/00
BUDGET AND FINANCES REVIEW COMMITTEE. R-00-93
86-88
33. APPOINT MEMBERS OF THE CIVIL SERVICE 1/27/00
BOARD: GERALD SILVERMAN, .FRANKIE ROLLE, M-00-94
WILLIAM SCAROLA, ROBERT FRAZIER. M-00-95
R-00-96
88-93
34. APPOINT MEMBERS OF THE CULTURAL AND FINE 1/27/00
ARTS BOARD: PEDRO PABLO PENA, FLORENE R-00-97
NICHOLS, JUAN CARLOS ESPINOSA, TONY WAGNER. 93-94
35. APPOINT WALDO CASTRO-MOLLEDA AS MEMBER OF 1/27/00
THE INTERNATIONAL TRADE BOARD. R-00-98
94-95
36. DEFER CONSIDERATION OF APPOINTMENTS TO THE 1/27/00
LATINA QUARTER REVIEW BOARD — REQUEST DISCUSSION
REVIEW ZONING REQUIREMENTS FOR . LATIN 95-96
QUARTER DISTRICT.
37. APPOINT AMADO VALDEZ AS MEMBER OF THE 1/27/00
WATERFRONT ADVISORY BOARD. R-00-99
96-97
38. DISCUSSION RE OFFICE OF MEDIA RELATIONS 1/27/00
BUDGET ($31,500 OVER) — NEED TO KEEP FINANCE DISCUSSION
AND BUDGET DEPARTMENTS SEPARATE. 97-106
39. COMMENTS CONCERNING STATUS OF YOUNG 1/27/00
EXPLORERS PROGRAM OF POLICE DEPARTMENT. 105-106
40. COMMENTS CONCERNING METHODS FOR 1/27/00
COMMISSIONERS TO RECEIVE INFORMATION DISCUSSION
RELATIVE TO THEIR DISTRICTS. 106-107
41. COMMENTS CONCERNING AD HOC COMMITTEE TO 1/27/00
INVESTIGATE COMMUNITY RELATIONS BETWEEN DISCUSSION
POLICE AND DEMONSTRATORS CONCERNING ELIAN 107-108
GONZALEZ.
42. URGE FEDERAL GOVERNMENT TO EXTEND FOR SIX, 1/27/00
MONTHS DEADLINE FOR NACARA LAW IN R-00-100
CONNECTION WITH RELIEF FOR NICARAGUAN AND 108-110
HAITIAN -AMERICANS.
43. 1. DISCUSSION CONCERNING CHARTER 1/27/00
AMENDMENT FOR STRONG MAYOR FORM OF DISCUSSION
GOVERNMENT — APPEAL PROCESS — JUDGE'S 110-114
RULING [See Sec. # 63]
2. COMMISSIONER TEELE COMMENTS CONCERNING
MANIPULATION OF CITY DIRECTOR — ABUSE OF
POWER.
44. CONTINUE CONSIDERATION OF PROPOSED 1/27/00
ALLAPATTAH GARDEN APARTMENTS PROPOSAL M-00-101
TO BE LOCATED AT APPROXIMATELY N.W. 36 114-120
STREET AND 12 AVENUE FOR CONSISTENCY
WITH STATION AREA DESIGN AND
DEVELOPMENT PLAN AT ALLAPATTAH
METRORAIL STATION [applicant: New Century
Development Corporation]
45. CHANGE TO DEVELOPMENT OF REGIONAL 1/27/00
IMPACT (DRI) FOR BRICKELL SQUARE PROJECT R-00-102
AT 845-999 BRICKELL AVENUE TO APPROVE TIME 121-123
EXTENSION FOR COMMENCEMENT, COMPLETION
AND DATE AT WHICH DEVELOPMENT ORDER
SHALL BE CONSIDERED NULL AND VOID
[applicant: Equitable Life Assurance Society of the United
States]
46. OFFICIAL VACATION AND CLOSURE OF PUBLIC 1/27/00
RIGHT-OF-WAY AT APPROXIMATELY 59 N.W. 14 R-00-103
STREET [applicant: Eugene Rodriguez for Big Time 123-124
Equipment, Inc.] .
47. SECOND READING -ORDINANCE: AMEND 10544, 1/27/00
THE COMPREHENSIVE NEIGHBORHOOD PLAN — ORDINANCE NO.
CHANGE LAND USE DESIGNATION AT 724 N.W. 14 11883
.STREET FROM DUPLEX RESIDENTIAL TO 124-125
RESTRICTED COMMERCIAL [applicant: Miami Tele-
Communications, Inc.]
48. SECOND READING ORDINANCE: AMEND 11000 - 1/27/00
CHANGE ZONING AT 724 N.W. 14 STREET FROM R- ORDINANCE NO.
2 TWO-FAMILY RESIDENTIAL AND SD -12 BUFFER 11884
OVERLAY DISTRICT TO C-2 LIBERAL 126-127
COMMERCIAL [applicant: Miami Tele-Communications,
Inc.]
49. FIRST READING ORDINANCE: AMEND 10544, THE 1/27/00
COMPREHENSIVE NEIGHBORHOOD PLAN — FIRST READING
CHANGE LAND USE DESIGNATION AT 3163, 3165, ORDINANCE
3171, 3175, AND 3179 S.W 22 TERRACE FROM 127-130
DUPLEX RESIDENTIAL TO RESTRICTED
COMMERCIAL [applicant: BAP Development, Inc.]
50.
FIRST READING ORDINANCE: AMEND 11000 —
1/27/00
CHANGE ZONING AT 3163, 3165, 3171, 3175 AND
FRIST READING
3179 S.W 22 TERRACE FROM R-2 TWO-FAMILY
ORDINANCE
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL
130-131
[applicant: BAP Development, Inc.]
51.
FIRST READING ORDINANCE: AMEND 10544, THE
1/27/00
COMPREHENSIVE NEIGHBORHOOD - PLAN —
FIRSTREADING
CHANGE LAND USE DESIGNATION AT 201 AND 203
ORDINANCE
S.W. 13 STREET AND 1216 S.W. 2 AVENUE FROM
132-133
OFFICE AND HIGH DENSITY MULTIFAMILY
RESIDENTIAL TO RESTRICTED COMMERCIAL
[applicant: Kathleen Klein Brigham]
52.
FIRST READING ORDINANCE: AMEND 11000 —
1/27/00
CHANGE ZONING AT. 201 AND 203 S.W. 13 STREET
FIRST READING
AND 1216 S.W. 2 AVENUE FROM O OFFICE AND R-4
ORDINANCE
MULTIFAMILY HIGH DENSITY RESIDENTIAL TO C-
133-134
1 RESTRICTED COMMERCIAL [applicant: Kathleen
Klein Brigham]
53.
FIRST READING ORDINANCE: AMEND 10544, THE
1/27/00
COMPREHENSIVE NEIGHBORHOOD PLAN —
FIRST READING
CHANGE LAND USE DESIGNATION AT' 130, 140,
ORDINANCE
150, 160, 170, 180 AND 190 S.W. 12 STREET, 121, 131
134-139
AND 159 S.W. 13 STREET AND 1227-1229 S.W. 2
AVENUE FROM OFFICE AND HIGH DENSITY
MULTIFAMILY RESIDENTIAL TO RESTRICTED
COMMERCIAL [applicant: Trion Ventures I, Inc.,
Contract Purchaser]
54.
FIRST READING ORDINANCE: AMEND 11000 —
1/27/00
CHANGE ZONING AT 130,'140, 150, 160; 170, 180
FIRST READING
AND 190 S.W. 12 STREET, 121, 131 AND 159 S.W. 13
ORDINANCE
STREET AND 1227-1229 S.W. 2 AVENUE FROM O
140-141
OFFICE AND R-4 MULTIFAMILY HIGH DENSITY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL
[applicant: Trion Ventures I, Inc., Contract Purchaser].
55. FIRST READING ORDINANCE: AMEND 10544, THE 1/27/00
COMPREHENSIVE NEIGHBORHOOD PLAN — FIRST READING
CHANGE LAND USE DESIGNATION AT 1951 N.W. ORDINANCE
SOUTH RIVER DRIVE FROM INDUSTRIAL TO HIGH 141-145
DENSITY MULTIFAMILY RESIDENTIAL [applicant:
Wallace and Laverne Kreidt]
56. FIRST READING ORDINANCE: AMEND 11000 — 1/27/00,
CHANGE ZONING AT 1951 N.W. SOUTH RIVER FIRST READING
DRIVE FROM SD -4 WATERFRONT INDUSTRIAL ORDINANCE
DISTRICT TO R-4 MULTIFAMILY HIGH DENSITY 145-146
RESIDENTIAL [applicant: Wallace and Laverne Kreidt]
57. SECOND READING ORDINANCE: AMEND 11000 — 1/27/00
ADD SD -12 BUFFER OVERLAY DISTRICT AT 2725, ORDINANCE NO.
2731 AND 2733 N.W. 6 STREET TO FACILITATE 11885
FUTURE SURFACE PARKING FOR COMMERCIAL 146-155
DEVELOPMENT BY SPECIAL EXCEPTION [applicant:
Luis Chi for Fortune of the Chi, Inc.]
58. SECOND READING ORDINANCE: AMEND 11000 — 1/27/00
CHANGE ZONING AT 6110 N.W. 12 AVENUE FROM ORDINANCE NO.
G/I GOVERNMENT AND INSTITUTIONAL TO R-3 11886
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL 155-156
[applicant: City of Miami Planning and Zoning
Department]
59. FIRST READING ORDINANCE: AMEND I1000 — TO 1/27/00
ADD CHILD DAYCARE CENTERS AS PERMISSIBLE FIRST READING
USES WITHIN SD -6 CENTRAL COMMERCIAL ORDINANCE
RESIDENTIAL DISTRICT, BY CLASS II SPECIAL 156-157
PERMIT, IN LOCATIONS OTHER THAN GROUND
FLOOR FRONTAGE OF PEDESTRIAN STREETS AND
URBAN PLAZAS [applicant: City of Miami Planning and
Zoning Department]
60. FIRST READING ORDINANCE: AMEND 11000 — TO 1/27/00
REMOVE CLINICS, AND MEDICAL OR DENTAL FIRST READING
OFFICES AS CONDITIONAL PRINCIPAL USES ORDINANCE
WITHIN SD -9 BISCAYNE BOULEVARD NORTH 157-158
OVERLAY DISTRICT [applicant: City of Miami Planning
and Zoning Department]
61. COMMENTS RE DOWNTOWN MIAMI TASK FORCE 1/27/00
MASTER PLAN — DESIGNATING COMMISSIONERS DISCUSSION
WINTON AND BRUNO BARREIRO AS CO- 158-160
CHAIRPERSONS [See Sec. # 67]
62. DISCUSSION RE LEGISLATIVE PRIORITIES FOR 1/27/00
2000 FLORIDA STATE LEGISLATIVE SESSION [See DISCUSSION
Sec. # 64] 160-162
63. DISCUSSION RE STATUS OF MARCH 2000 1/27/00
MAYORAL ELECTION — CHARTER AMENDMENT DISCUSSION
FOR STRONG MAYOR FORM OF GOVERNMENT 162-165
LITIGATION — INFORMATION ON CABLE
TELEVISION NET -9. [See Sec. # 43]
64. EXPRESS SUPPORT FOR LEGISLATIVE PRIORITIES 1/27/00
CURRENTLY SCHEDULED TO BE CONSIDERED M-00-104
DURING THE UPCOMING 2000 FLORIDA STATE 165-167
LEGISLATIVE SESSION:
1. BLUE LAGOON LAKE CLEANUP;
2. VIRRICK PARK COMMUNITY CENTER
RECREATIONAL ACTIVITIES;
3. MIAMI LOVE AT RISK YOUTH PROJECT; AND
4. AN AFTER SCHOOL ENRICHMENT PROGRAM;
OTHER PENDING LEGISLATIVE PRIORITIES WILL
BE DEFERRED TO NEXT MEETING. [SEE SEC. # 62]
65. CREATE ECONOMIC DEVELOPMENT COMMITTEE 1/27/00
- — COMMISSIONER REGALADO NAMED R-00-105
CHAIRMAN. 167-168
66. ACCEPT DONATION OF PAINTINGS FROM YMCA 1/27/00
IN COOPERATION WITH JACKSON HIGH SCHOOL R-00-106
FOR DUARTE PARK. 169-170
67. ENDORSE METROPOLITAN PLANNING 1/27/00
ORGANIZATION'S ESTABLISHMENT OF R-00-107
DOWNTOWN MIAMI TRANSPORTATION MASTER 170-172
PLAN TASK FORCE WITH CITY- COMMISSIONER
JOHNNY WINTON AND MIAMI-DADE COUNTY
COMMISSIONER BRUNO A. BARREIRO AS CO -
CHAIRPERSONS [See Sec. # 61]
68. PURSUANT TO THE' 2 AVENUE, DIRECT 1/27/00
MANAGEMENT TO WORK WITH THE COUNTY IN R-00-108
CONDUCTING A PUBLIC HEARING WITHIN THE 172-173
COMMUNITY TO ENSURE MAXIMUM
PARTICIPATION AND WORK CLOSELY WITH
COUNTY, MPO, AND FDOT [See Sec. 611
69. OPPOSE LEGISLATION TO ASSIGN SOLE CONTROL 1/27/00
OF POSTSECONDARY WORKFORCE EDUCATION R-00-109
PROGRAMS TO THE STATE COMMUNITY 173-174
COLLEGE SYSTEM; URGE FLORIDA LEGISLATURE
TO MAINTAIN CURRENT DUAL DELIVERY
SYSTEM BY CONTINUING APPROPRIATIONS FOR
ADULT AND POSTSECONDARY VOCATIONAL
PROGRAMS TO BE CONDUCTED BY THE MIAMI-
DADE COUNTY PUBLIC SCHOOL SYSTEM.
70. APPOINT MICHAEL KOSNITZKY AS MEMBER OF 1/27/00
OFF-STREET PARKING BOARD. R-00-110
174-175
71. COMMENTS BY VICE CHAIRMAN GORT INVITING 1/27/00
COMMISSION TO ATTEND CANCER SOCIETY DISCUSSION
EVENT AT TU TU TANGO IN THE GROVE. 175-176
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th day of January 2000, the City Commission of Miami, Florida, met at it's regular
meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in special session.
The meeting was called to order at 9:25 a.m. by Vice Chairman Wifredo Gort, with the following
members of the Commission found to be present:
Vice Chairman 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:
Donald H. Warshaw, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
An invocation was delivered by Commissioner Regalado, followed by Commissioner Sanchez
leading those present in a pledge of allegiance to the flag.
Vice Chairman Gort: Good morning, everyone. We're going to begin the meeting.
First of all, we'll have the invocation by Commissioner Regalado and pledge of
allegiance by Commissioner Sanchez. My understanding is, we are ahead of time. My
understanding is the attorney would like to wait until all the Commissioners are here
to go to that special hearing. So, in the meantime, why don't we hear from the -- is
the downtown NET (Neighborhood Enhancement Team) ready?
Vice Chairman Gort: OK. Why don't you all make your presentations?
Ms. Patricia Castro: Good morning. I'm Patricia Castro with the downtown NET
(Neighborhood Enhancement Team), the NET Administrator. I do want to advise that
we are missing a community member. Hopefully, will run in prior to that. The
downtown NET service area, is bounded from the south, traveling north. It begins on
15th Road and Brickell Avenue. Encompasses west Brickell, the commercial corridor
of Brickell, downtown central business district, Riverside, Venetian and the median
entertainment district or Omni area. The downtown area is unique, in which it has six
teen thousand residents and over a hundred and forty employees travel on a daily
January 27, 2000
basis. Last year over fifteen million people visited us, tourists. The downtown area
is also unique in the key businesses, financial institutions, government entities, and
offices that are located in the area. Last year over 60 facade improvements were
processed through the assistance of the Downtown Miami Partnership. Over nine
hundred and 50 code enforcement violations were brought into compliance. Over
eight hundred and 60 new certificates of use and occupational licenses were
processed, and issued over forty-three solid waste tickets for illegal dumping. The
NET office continuously to works with the different community-based groups to hear
their needs and make sure they are being directed. The downtown NET is staffed by
the following personnel: Israel Ibanez, Code Enforcement Inspector, Frank Chacon,
Code Enforcement Inspector, Diane Lehmann, who couldn't be present, but also Code
Enforcement Inspector, and Toshiba Symonette, Office Equipment Operator, and
myself, the NET Administrator. The downtown NET is also divided into two different
districts when it comes to the Police Department. One, Lieutenant Mirabile, who
couldn't be present. The second, Lieutenant Payne, who has the downtown corridor,
who is here, and -- do you want to do a little short presentation?
Lieutenant Payne: Whenever you're ready.
Ms. Castro: Who is present. Will be speaking now.
Lieutenant Payne: Good morning. Overall, I believe we had a good year for 1999, as
far as police and the activities that we were involved in. We were, again, down by 11
percent in crime. Overall crime for the downtown NET area. I'd like to point out
something I think is very important and it's over a five-year period. The crimes that
really affect the downtown are robberies, burglaries, the larcenies, and auto thefts. In
the past five years, robberies are down 56 percent; burglaries are down 38 percent,
larcenies are down 36 percent, and auto thefts are down 43 percent. Now, this is -- I
realize that the nation has a trend at this time of crime is going down, but these
numbers just don't lie. I think everybody out there is doing a fantastic job, the
community, the police, the NET. The whole thing is working, and that's what makes
it good. Some of the crimes that we've really put a stop to in the past couple years
has been the tourist robberies. They've -- until about four or five years ago, they
really killed us. Last year we had very few. I think we were less than 35 for the
whole year for the downtown NET, and you're talking millions of people coming
through, visiting our City. Snatch and grab burglaries, who -- that is probably one of
the worst crimes we have for downtown businessmen. I think I had five for last year,
in comparison to the years before of 25 to 30, even 40. The distraction thefts, which
are a tremendous deficit to areas such as the Seybold Building, they are way down
also, which is looking really great. We made a total of four thousand one hundred and
twelve arrests, felony and misdemeanor in the downtown NET area for 1999, which is
-- I think is a very good number. I'm hoping to bring that down because, the less
crimes we have, the less arrests I'll have to make. On quality of life issues.
Basically, the homeless issues. In November of last year, we started a program called
the Homeless Protocol Program, which has really helped the downtown area. During
1999 we made, my officers, in the area made three thousand seven hundred and
eighty-six contacts with homeless individuals. Of that, we placed nine hundred and
two in shelters. Total misdemeanor arrests -- this is other than quality of life crimes -
- was seven hundred and fifteen. Out of that, a hundred and sixty-seven were arrested
that refused shelter. So, it is starting to work well. A total of eighty-six were felony
arrests. Some of the programs that we have implemented in the past few years and
January 27, 2000 2
continue through 1999 and 2000. Our number one program downtown is the Scan
Program. It's a radio program between the private sector and the police, and it has
worked tremendously. I'll give you a perfect example. In August of this year, we got
a call from the Seybold Building, first scan, that we had someone in the building
trying to sell Rolex watches. Well, through that, my officers responded. Within less
than a minute, apprehended the subject and we cleared cases all through the State
because they were the Rolex robbers. The COP (Community Oriented Police)
Program. At this time, we have twenty-three active members downtown. At the
beginning of the year, we had five. So it's growing fast, continuing, and it's really
doing well. Another program that was implemented by -- I apologize. Let me back up
just a minute. I want to introduce some people here. Let me -- I want to introduce
some people. I apologize. I forgot. Sergeant Ardines is one of my supervisors for
the downtown area. Officer Mendez is one of the NROs (Neighborhood Resource
Officer) for the downtown. Basically, the Core. We've got Officer and NRO
Saavedra, who handles the Lumus Park River area, and Officer Chacon couldn't be
here. He was injured, but he also handles the north end of my downtown NET area.
They've done a tremendous job. These programs I'm talking about is the ones that
they've implemented for me, and they are doing great. One of them is the Block
Captain Program, which I want to compliment Officer Ardines -- correction, Officer
Mendez on, because she has really worked hard to get it going. We have 48 members
at this time that work very closely with us as liaisons between the police and the
community to solve problems. Lumus Park. Lumus Park, for years, was closed. It
was a place for the homeless. It was not being used for what it was made for. In the
past year, Officer Saavedra has spent hundreds of hours there, working with parks and
other people there, to reopen this park, to get it cleaned, to get it usable, and now the
elderly, who live in the neighborhood, are there everyday. It's beautiful. Come visit
us. We have parties over there all the time, and you're more than welcome, and we're
going to keep it that way. One of the major highlights for me for last -- for 1999 was
I was invited, along with Officer Lopez, who is NRO Wynwood, to visit Germany in
March of this year -- in 1999. We spent six days there speaking to the southern region
parliament for Germany. We visited 10 cities. Spoke for all their -- the mayors, the
heads of police, about problems they were having, and -- basically, thing that we're
doing here in comparison to deal with such problems. They visited three cities to
select us. They visited Washington, DC, they visited Chicago, and Miami, and of this
three, they said "We like you best. Please come see us." and we did, and had a great
time. It was wonderful. I think the relationship between the European countries and
us is so much better now. Our perception is changing so fast it's unreal. I could go
on. I'm going to stop now because I know it's -- you're busy. But, anyway, I
appreciate the time, and I hope that we'll have .another year, as good as last year.
Vice Chairman Gort: Thank you, Lieutenant.
Ms. Castro: OK. I just want to tell you thank you and introduce two of the NROs for
the Brickell area.
Vice Chairman Gort: What I'd like for you to do, I like for each one to come and
introduce themselves and give a little brief of what they do.
Ms. Castro: OK. We could do that.
Vice Chairman Gort: By the way, one of the things -- I don't know if you mentioned it
January 27, 2000 3
or not -- but crime -- one of the crime that's was really international news was the
crime in tourist because a lot of the programs we put together, it was dropped by
about 50 to 60 percent, and that was very good.
Ms. Castro: Do you want to start with the inspectors or the officers? Either way?
Line up.
Mr. Israel Ibanez: Good morning, Israel Ibanez, downtown NET inspector.
Mr. Frank Chacon: Inspector Frank Chacon, downtown NET inspector.
Ms. Toshiba Symonette: Toshiba Symonette. I'm the Office Equipment Operator.
Mr. Jeff Giordano: Jeff Giordano, the NRO for the Brickell area.
Ms. Terri Ardines: Sergeant Ardines, downtown Miami.
Ms. Wanda Mendez: Good morning. Officer Mendez, downtown business core, NRO.
Mr. Carlos Saavedra: Officer Saavedra, downtown Riverside, NRO.
Vice Chairman Gort: You've been in downtown all your life, haven't you?
Mr. Saavedra: Since 1982.
Vice Chairman Gort: Thank you all.
Ms. Castro: OK. We had invited some citizens, but I guess because of scheduling
conflict, they haven't been able to attend. So, thank you.
Vice Chairman Gort: It's kind of cold this morning. I'm sure a lot of people in this --
there is a big problem with the traffic, I understand. A lot of people got caught up in
the traffic.
Ms. Castro: It was a back up from the north end. Yes.
Vice Chairman Gort: Well, I want to thank you all. Any questions from -- OK. Any
questions? Thank you all. Have a good day. Thank you.
January 27, 2000 4
Vice Chairman Gort: OK. We're now going to go into the special session. Mr.
Attorney, you want to announce it.
Mr. Alejandro Vilarello (City Attorney): We have open meeting, yes. This is a
request for the City Commission to meet in executive session, pursuant to Florida
Statute. This is an attorney /client privilege session. It's closed to the public. A
transcript will be kept of the entire meeting, and at the conclusion of the litigation, it
will be available for public inspection. We have two public sessions -- I mean, two
executive sessions, which we'll be going into. The first one is the case of McGrath
versus the City of Miami. We are meeting in --
Vice Chairman Gort: I've just been told that Teele is on his way here, so he should be
in a minute. We can take other items, like the pocket items. I mean, not the pocket
items, the consent agenda. All right. Let's wait until Teele gets here. I understand
he's arriving.
4 C.O =SENT ACx s A .;
Vice Chairman Gort: On the consent agenda, is there anyone that wants to pull any of
the items on the consent agenda?
Note for the Record: No mayoral vetoes here.
Vice Chairman Gort: First, I have to announce, there are no vetoes from the Mayor's
office. Anyone to speak on the consent agenda? Anyone the public that wants to
address any of the items in the consent agenda? Nobody come forward.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Moved and second
state by saying "aye."
The Commission (Collectively): Aye.
Any discussion? Being none, all in favor
NOTE FOR THE RECORD: CODE SECTION 2-33 0) 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 MOTION DULY MADE BY COMMISSIONER
January 27, 2000 5
SANCHEZ AND SECONDED BY COMMISSIONER REGALADO,
THE CONSENT AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E.Teele,Jr.
RESOLUTION NO. 00-66
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF TE_ M SYSTEMS, INC., FOR THE PURCHASE AND
INSTALLATION OF TWO (2) ELECTRIC GATE ARMS AND
OPERATING HARDWARE AT THE HEADQUARTERS BUILDING,
FOR THE DEPARTMENT OF POLICE IN AN AMOUNT NOT TO
EXCEED $5,276; ALLOCATING FUNDS THEREFOR FROM
DEPARTMENT OF POLICE GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 001000.290201.6270.
RESOLUTION NO. 00-67
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF EAGLE A/C MIAMI, INC., FOR THE PROVISION OF AIR
CONDITIONING MAINTENANCE SERVICES AT THE POLICE
HEADQUARTERS BUILDING, NORTH AND SOUTH SUBSTATIONS
AND THE DAVID HERRING TRAINING CENTER, FOR THE
DEPARTMENT OF POLICE, IN AN ANNUAL AMOUNT NOT TO
EXCEED $39,842, FOR ONE (1) YEAR WITH THE OPTION OT
EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, ON
AN AS NEEDED BASIS; ALLOCATING FUNDS THEREFOR FROM
DEPARTMENT OF POLICE GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 001000.290201.6.670.
January 27, 2000
A
RESOLUTION NO. 00-68
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF MAGESCO, INC., IN THE PROPOSED AMOUNT OF
$29,594 FOR THE PROJECT ENTITLED "MUNICIPAL SHOPS
TRAILERS (ELECTRICAL), B-5646"; ALLOCATING FUNDS
THEREFOR FROM PROJECT NO. 311842, AS APPROPRIATED IN
ORDINANCE NOS. 11705, AS AMENDED, AND 11839, THE ANNUAL
APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS
ORDINANCES, IN THE AMOUNT OF $29,594, CONTRACT COST AND
$4,552, ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST
OF $34,146; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH SAID COMPANY.
RESOLUTION NO. 00-69
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A
DONATION IN THE AMOUNT OF $1,500, FROM THE K -MART
FAMILY FOUNDATION, TO BE USED EXCLUSIVELY BY THE
POLICE DEPARTMENT'S DRUG ABUSE RESISTANCE EDUCATION
("D.A.R.E.") PROGRAM; AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT THE
DONATION.
January 27, 2000
RESOLUTION NO. 00-70
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A
DONATION FROM MCDONALDS CORPORATION, WITH AN
ESTIMATED VALUE OF $1,000 CONSISTING OF FOOD, AND FROM
PAWA COMPLEX INTERNATIONAL, INC., WITH AN ESTIMATED
VALUE OF $2,256, CONSISTING OF 580 TOYS FOR NEEDY
CHILDREN, FOR THE PARKS AND RECREATION DEPARTMENT,
FOR THE ANNUAL "SNOW IN THE SUNSHINE" EVENT HELD ON
DECEMBER 18, 1999, AT THE ORANGE BOWL STADIUM.
RESOLUTION NO. 00-71
A RESOLUTION OF THE MIAMI CITY COMMISSION
CLASSIFYING TEN (10) LIGHT POLES AND FIFTY-SIX (56)
LIGHT FIXTURES LOCATED AT ROBERT E. LEE MIDDLE
SCHOOL, 3100 N.W. 5TH AVENUE, AS CATEGORY "A"
SURPLUS STOCK; FURTHER DONATING SAME TO THE
MIAMI-DADE SCHOOL BOARD.
Note for the Record: Item 2 was deferred until later in the meeting.
Vice Chairman Gort: Item 2, NANA, Neighbors and Neighbors Association, they are
not here?
Commissioner Sanchez: They are not here at this time, Mr. Vice Chair.
Vice Chairman Gort: We'll wait for Commissioner Teele.
Note for the Record: Item 3 was withdrawn.
Vice Chairman Gort: Item 3, Mr. Ronald Cohen.
Mr. Donald Warshaw (City Manager): That item, Commissioner, has been withdrawn
at the request of Mr. Cohen.
Vice Chairman Gort: OK. Do you have any other items that have been withdrawn?
Mr. Warshaw: No, that's the only one that I know about.
January 27, 2000 8
C7
Vice Chairman Gort: OK.
Vice Chairman Gort: Item 4, Fraternal Order of Police.
1�1
Mr. Armando Aguilar: Good morning, Commissioners, Mr. Manager. Armando
Aguilar, Vice President of Fraternal Order of Police, 710 Southwest 12th Avenue.
Tony Rodriguez, the President of Fraternal Order of Police, is pulling up right now.
If you could just wait one minute? He told me he's in the parking lot and coming in.
I'll go get him.
Vice Chairman Gort: What the cold weather will do.
Mr. Aguilar: It's the traffic.
Vice Chairman Gort: Item 5. Yeah, let's blame it on the traffic and the computers.
Vice Chairman Gort: Item 5.
Mr. Alejandro Vilarello (City Attorney): Commissioners...
Commissioner Sanchez: Mr. Vice Chair, if I may. Items five, six and seven pertain to
the charter changes. Do we proceed on this matter or do we defer it to wait for
approval? What is the...
Mr. Vilarello: This is item five.
Mr. Warshaw: Six is' not on the charter changes. That's administration item.
Mr. Vilarello: But they are on item five.
Commissioner Sanchez: Six -- five and seven are? Yes, five ,and seven are?
Vice Chairman Gort: Six.
Commissioner Sanchez: Pertaining to the similar -thing. Well, what recommendations
does the Attorney give us?
Mr. Vilarello: With regard to item five?
Commissioner Sanchez: Yes, sir.
9
January 27, 2000
Mr. Vilarello: Each of the items referring to the Charter amendments or necessary
changes in the event of Charter amendments are conditioned upon the election of and
the swearing in a Mayor in March of 2000. So, you can act on these items. Should
the result of the appeal stand that Judge Smith has ordered, of course these would be
ineffective because it would not be an election of March of 2000 in the seating of a
new Mayor. So, my recommendation is that you can proceed with this without risk to
the City.
Commissioner Sanchez: And this is just a change in language, correct?
Mr. Vilarello: These are -- to conform the City Code to the Charter amendment
number 1, which was adopted November 2 of 1999.
Commissioner Sanchez: So moved.
Mr. Vilarello: It's an ordinance.
Vice Chairman Gort: Item 5, it's an ordinance. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: OK. Read the ordinance. OK. Any questions or discussion?
All in favor -- call the roll.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND
ANY ADOPTED ORDINANCES, TO IMPLEMENT THE AMENDMENTS
TO THE CHARTER ADOPTED NOVEMBER 2, 1999; CHANGING THE
TERM CITY MANAGER WERE IT APPEARS IN THE CODE TO
MAYOR, DELETING DUPLICATION AND OTHERWISE CONFORMING
THE CODE TO IMPLEMENT THE STRONG MAYOR COMMISSION
FORM OF GOVERNMENT; ESTABLISHING THE PRESIDING OFFICER
OF THE CITY COMMISSION, DELETING REFERENCES TO POSITION
OF CITY MANAGER AND RETIREMENT BENEFITS; DELETING
SECTION 2-37 RELATED TO THE POSITION OF CITY MANAGER;
PROVIDING FOR TRANSITION AND CONTINUATION OF PRESENT
CITY OFFICERS AND EMPLOYEES, LAWS, CONTRACTS AND
OBLIGATIONS; CONTAINING A REPEALER PROVISION AND
PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE.
January 27, 2000 10
was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed
on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
The ordinance was read by title into the public record by the City Attorney.
[At this time, Commissioner Teele entered the Commission chambers at 9:42 am.]
Vice Chairman Gort: Commissioner Teele, we just passed the consent agenda. You
have any one item that you have any problems with?
Commissioner Teele: No, no. No.
Vice Chairman Gort: OK. Then we can now go into the special meeting?
Mr. Vilarello: Commissioners, as I previously started to announce, the first of two
executive sessions that we've scheduled for today is the Patrick McGrath versus the
City of Miami case. The -- we need to open the public meeting -- open the meeting
here, move into executive session, come back into chambers, close that, and then
return -- start the next meeting.
Vice Chairman Gort: Do you need a motion or just --
Mr. Vilarello: No, sir. Certainly, I just need to announce the individuals who will be
present in the session and that's -- we've agreed to go into Commissioner Gort's
conference room. The -- it's Commissioner Gort, Commissioner Sanchez,
Commissioner Regalado, Commissioner Teele, Commissioner Winton, the City
Manager, the City Attorney, myself, Maria Chiaro from my office, special counsel to
the City, Joseph Serota, and Chris Kurtz, certified court reporter will, as I mentioned
before, take a full transcript of the entire hearing, which will be made available at the
conclusion of the reference litigation, which is the Patrick McGrath versus the City of
Miami.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 9:44 A.M. AND
RECONVENED AT 10:16 A.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPT
COMMISSIONER TEELE, FOUND TO BE PRESENT.
January 27, 2000 11
Vice Chairman Gort: How are you doing Leroy? We'll get you in a minute.
Commissioner Winton, we're now -- I need a motion to close the first -- what do you
call that hearing?
Mr. Vilarello: We're back in public session and we're going to close the first
executive session.concerning Patrick McGrath versus the City of.Miami.
Commissioner Winton: So moved.
Vice Chairman Gort: It's been moved. Is there a second? Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Winton, who moved its adoption:
MOTION NO. 00-72
A MOTION TO CLOSE THE ATTORNEY /CLIENT SESSION,
CLOSED TO THE PUBLIC, WHICH WAS HELD FOR PURPOSE
OF DISCUSSING PENDING LITIGATION (PATRICK
MCGRATH, III VERSUS CITY OF MIAMI) RELATED TO THE
PARKING SURCHARGE.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, at my request, we have
noticed another executive session involving the case of Miami -Dade County versus the
City of Miami, and I'd like to go into executive session on that case. The individuals
that I previously announced will be in that meeting, which include Chairman Gort,
Commissioner Sanchez, Commissioner Regalado, Commissioner Teele, Commissioner
Winton, City Manager, Mr. Warshaw, myself, Assistant City Attorney, Maria Chiaro,
January 27, 2000 12
special counsel for the City, Joe Serota and Christopher Kurtz. The meeting will be
transcribed by a certified court reporter and that transcript will be made available to
the public at the conclusion of the litigation. And with your permission, Mr.
Chairman, we can go into that executive session now.
Vice Chairman Gort: For the sake of new individuals here, will you explain what
going through, please?
Mr. Vilarello: Yes. This is -- the City, as an exception to the government in the
Sunshine Law, is allowed to go into executive session or private closed session when
it is involved in particular litigation. It. can only do that on that one particular case,
and that meeting is fully transcribed by a court reporter that you see here in the
audience today, and that transcript will be made available to the public at the
conclusion of the litigation, so the public will then have an opportunity to understand
exactly what took place during that session. And that's the executive session that
we're going into now. At the conclusion of that, we'll come back out and start the
regular Commission meeting.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 10:17 A.M. AND
RECONVENED AT 10:49 A.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPT
COMMISSIONER SANCHEZ, FOUND TO BE PRESENT.
Vice Chairman Gort: OK. You need to -- motion to close the executive session?
Ms. Maria Chiaro (Assistant City Attorney): Yes. The executive session.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion? Being none, all in favor state by state saying "aye."
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 00-73
A MOTION TO CLOSE THE ATTORNEY/CLIENT
SESSION CLOSED TO THE PUBLIC, WHICH WAS HELD
FOR PURPOSE OF DISCUSSING PENDING LITIGATION
(MIAMI-DADE COUNTY, ET AL, VERSUS CITY OF
MIAMI) RELATED TO THE PARKING SURCHARGE.
January 27, 2000 13
0
•
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: OK. Now, we get back to the regular agenda. First item was
item 6, I believe. Did we move item seven? No. Item 6...
Mr. Donald Warshaw (City Manager): They are back to personal appearances, I
thought.
Vice Chairman Gort: Personal appearance.
Mr. Warshaw: Two and four.
Vice Chairman Gort: OK. Item two. NANA (Neighbors and Neighbors Association),
Leroy.
Mr. Leroy Jones: Leroy Jones, 180 Northwest 62nd Street, Director of Neighbors and
Neighbors Association. Since May of last year, we've been working on a project with
the County, and the Commercial Revitalization Program.
Vice Chairman Gort: Leroy, for the sake of time, my understanding is, the last time
you were here, the instructions were for you to get together with the management and
see what we could do with the businesses within the City of Miami, what we could do
with it. Did you all get together with him?
Mr. Jones: I spoke with the Manager about this and I spoke with Ms. Warren about
this before we had the last meeting, when you reschedule it for thirty days, a thirty
day appearance after that meeting.
Vice Chairman Gort: OK. Do we have any conclusion?
Mr. Daniel Fernandes (Assistant Director, Community Development): We're .still-- as
January 27, 2000 14
you're aware at the last meeting, the City Commission directed staff to come back
February 10 with the RFP (Request for Proposal) for the Community Development
Block Grant funding process. There are some programs that that particular
organization has applied for. They are still under consideration. And funding
availability is depending on that.
Vice Chairman Gort: That program was part of the consideration, where you're going
to make a decision next month.
Mr. Fernandes: Correct.
Mr. Jones: But, Mr. Gort, we had agreed at the last meeting that that didn't have
anything to do with this program. That's a totally separate program from the
Community Development Block Grant Program that we applied for funding for. And
we made mention of that at the last meeting.
Vice Chairman Gort: OK. Leroy, my understanding is, we need to find funds to help
those businesses within the City of Miami to get the matching funds from the County.
Mr. Jones: Yes, sir.
Vice Chairman Gort: That's what we all want to do. Now, it's your interpretation that
this is going to be recommended for the next meeting?
Mr. Fernandes: Well, the funding that we have available, Commissioner, is the pot
that's allocated to Economic Development, which is a little over six hundred thousand
dollars ($600,000). Now, if the Commission allocates that funding for that particular
purpose, there will be no additional funds available, you know, to assist organizations
through that vehicle.
Vice Chairman Gort: Well, How much are they requesting? My understanding, it was
just a matching fund.
Mr. Jones: A hundred and sixty-seven thousand dollars ($167,000).
Vice Chairman Gort: For the two businesses in the City?
Mr. Jones: Three, three.
Commissioner Teele: Commissioner Gort?
Vice Chairman Gort: Yes, Commissioner Teele.
Commissioner Teele: I think -- there are two or three different issues here. Number
one, we need from the management an evaluation of the County program. Secondly,
we need a recommendation as to whetheror not the City should authorize a similar
program. That is sort of the first step in all of this, which I thought we were going to
get today is an evaluation of that. It's my understanding that the funding for County -
- unincorporated Dade County is 100 percent, 90 percent of the project costs?
Mr. Jones: Ninety percent funds from the County.
January 27, 2000 15
Commissioner Teele: Ninety percent of the project costs. Eighty or ninety percent.
Whatever it is. We need to see that. However, in the City, the County is saying, in
cities that are entitlement cities, that is, cities that receive Community Development
funds from the federal government directly -- there is about four of them, Hialeah,
Miami Beach, et cetera -- but they are limiting their match to 25 percent?
Mr. Jones: Twenty-five percent.
Commissioner Teele: So, the first question is obvious? You know, do we want to put
-- chase 25 percent with 75 percent money? I mean, that's a policy question that
needs to be decided. I'm prepared to chase 25 percent with 75 percent money. But the
first thing we've got to do is evaluate the program; authorize a similar program in the
City of Miami. Whether we have money or not is not the issue. First', we've got to
authorize a program. So, we need legislation, which I'll be happy to sponsor if you
draft it up, that authorizes a program that is similar to the County in the City. You'll
never get anybody in the loop in being able to apply for money if we don't have a
program. Right now we don't have a program, do we, a comparable program?
Mr. Fernandes: No, sir, we do not.
Commissioner Teele: So, there is no way, in effect, they can apply for the funds
because there is no RFP (Request for Proposal) that includes these funds in the City
budget. So, they are sort of locked out of the process if we don't at least authorize it,
and I'm prepared to authorize it. My concern, Mr. Manager, is always this --
particularly with the County -- the County has a long history of -- and the City as well
-- of putting money out there, but it's not enough money to do anything but get
businesses in trouble, and I, for one, am not interested in being a part of anything as a
program that doesn't help businesses. The lady, Ms. Martin, that we've heard about,
that's an example of the City of Miami giving somebody enough money to get in very,
very serious trouble, and not solve the problem, and made it much worse for her. So,
I would like a specific evaluation of each of the businesses that are requesting the
funds today. I would like a specific evaluation of each of the businesses proposals,
that the County has approved, and a specific recognition or understanding that the
funding that they are requesting is either sufficient or insufficient to ensure some
success, and if we can do that on a separate track at the next meeting, then we can try
to make some decisions as to how to shift dollars or move dollars or make dollars
available. But without a program and without an evaluation of that program and a
Manager's recommendation, all we're doing is running people in circles.
Mr. Fernandes: We'll meet with the County to determine -- to evaluate that program
and come back to you with a recommendation.
Commissioner Teele: And I want you to meet with each one of these businesses and
get a loan specialist or somebody ,and determine whether or not the grant application
is sufficient to meet the needs of the business, as oppose to just giving people money.
Everybody wants money, and then we wind up with the responsibility that we still
have an obligation for Ms. Martin, Ms. Emma Martin, in that we gave her enough
money to get into -- not we, Miami Capital gave her enough money to get into serious
trouble, and we've got to deal with that.
16
January 27, 2000
Mr. Jones: If I can say, Commissioner. I -- like I said, first stated I've been working
on this project since May of last year and I met with each one of y'all office, accept
for you Commissioner Johnny. All of you was aware about this program. Al'I of you
was aware about how much money we needed. All this work could have been done
already. We've got a respond to the County in two weeks. If we don't respond, then
all the hard work and time that we put in this, we're not going to get any assistance
from the County. Now, I got letters from all y'all, you know, agreeing to help us with
the program since June -- since July. You know, each one of y'all had packages about
this program. You could have had whoever look into it, look into it. You know, I'm
real upset about this, man, because I dedicated a lot of time and hard work into this.
These people actually close they business down to get the proper work that was
needed. The County sending people out there to do the regulations to make sure that
they getting the -- apply for the amount of money that's needed to do this program.
Each one of these businesses separate separately, you know. And now I'm being told
that it's going to go through another stage. It's going to take six more months and
we're going to be totally completely cut out of this program. Everybody up here, but
you Mr. Johnny, knew about this. I got letters from everybody. Even from the
Mayor's office saying that they support the businesses that I get approved for the
County to give them additional funds, even from the City Manager. Now, y'all
slapping me in the face. I put all this hard work and time in this, man. Not to come
up here and beg y'all for this help, but to ask y'all because we did everything that
needed to be done. The money can come from the Code Compliance Program. Y'all
got over a million dollars in there. We only asking for a hundred and thirty --
hundred and sixty-seven dollars -- sixty-seven thousand dollars ($67,000). Y'all got
over a million dollars in the code compliance program that people not using because
they not calling y'all telling y'all they got violations in they business to close the
business down. The money sitting there ain't being used. We can get the money from
right there.
Vice Chairman Gort: Leroy, my understanding is, existing business that have any
violation, there are funds to comply with those violations.
Mr. Jones: They having violations, Commissioners Gort.
Vice Chairman Gort: Excuse me. Commissioner Teele. I understand. OK.
Mr. Jones: These are violations we are trying to take care of.
Vice Chairman Gort: I don't believe we can make a decision right now, today; we can
give you the money, Leroy. Commissioner Teele, what do you want to do?
Commissioner Teele: Mr. Chairman, I would move that the Manager office file a
report as an agenda item -- first of all, if it's not on the written agenda, the public
needs to be aware that you're not going to get -- I mean, you know, in the days of old
where you could come in, make an appearance, and get money off -- the Oversight
Board doesn't allow that any more. So, if it's not on the agenda, no one should come
here thinking they are going to get something on a public appearance. Particularly,
federal money, which must be noticed in accordance with the federal rules. I support
the notion of a program. I am not saying that I support the program that Miami -Dade
County is offering now because we may say we want to be 50 /50 partners. That's
where I am on this program. Not 75/25. We look a little silly, in my judgment,
January 27, 2000 17
0 0
chasing 25 cents so that we could put up 75 cents. I mean, that's not a good
partnership arrangement, but, at the same time, I think the County should be
commended for at least bringing forth a program. And Mr. Jones should be
commended for mobilizing and trying to get citizens to take advantage. We don't have
a program in the City. This Commission has asked the management, on several
occasions, to bring forth -- to evaluate and bring forth a program. I'm only moving
that the Manager be instructed to give us a resolution that sets up a comparable
program with the County that affords for a match, and if that match is on a 75/25
basis, as now proposed by the Countyor some other basis, fine. To be very candid
with you, the County has no legal obligation to put any money into the City under the
federal rules, unless it has significant Metropolitan significance. That's the term that
they use. And I think the County should be commended for doing that. But we need a
matching program that we can fund it through so I would so move that the Manager
develop a program -- that's not for these individuals.. It is a program, which these
individuals and others may qualify for a matching program, limited to the jurisdiction
of the City of Miami. And I would so move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Further discussion? Being none, all in favor state by saying
"aye "
Commissioner Teele: Mr. Chairman, the motion was that they be presented at the next
Commission meeting.
Vice Chairman Gort: Yes.
Commissioner Winton: Could I make one comment? I guess that -- and, Mr. Jones, I
have not talked to you, as you said, before, and I hope that -- and I don't know
anything about this program, so I cannot speak in favor or in opposition to the
program because I don't know anything about it. But I would like to address the
comment you made about the fact that you've been meeting with all of us for the past
six months or so, and I hope that that, as it relates to all of the public out there, that --
and I'm not sure how you help us but, obviously, we've got to do a better job of letting
you know, when you're coming before us for program support, how to either get the
support or that we're opposed to it in some fashion or another. And, so, I feel bad that
y'all have been involved in this process for six months, and you still don't know where
you are. But Commissioner Teele's point that he made just now is absolutely, in my
mind, the right process. Because if you don't have a system set up, we're going to
always be in a position where we're behind the curb, where there is somebody that's
got a little extra pull that tugs on this money. And what Commissioner Teele's trying
to do is set up a legitimate program that has standards tied to it, that goes through a
staff process of evaluation and we get to an answer. And, so, I'm only, I guess, one,
apologizing that we've -- that -- I think you have probably done a heck of a job at
working at trying to make this thing happen, but I also have to defend Commissioner
Teele's point. Maybe we should have done a better job of getting this out sooner, but
his new plan is the right way to do things within the City, and I'm hoping that, as we
move forward, every single thing that we do is done in a process similar to that. And
if we have a process like that, you're going to know up front immediately what the
January 27, 2000 18
process is, the procedure, and the timing, and how you can get what you want, and we
can prevent this kind of thing happening in the future.
Vice Chairman Gort: Let me add a little bit to this. The frustration comes -- the last
time this presentation was in front of us -- and, like he says, Mr. Jones and these
business people have been working to upgrade, and we know how important Economic
Development within those neighborhoods are. We requested that they meet with staff
sand staff sit down with them and staff find a way, a resolution, a program, and come
back to us with one. I was expecting in today's meeting that, if staff was going to
come back today, and if staff would have said, "Look, this is the way we can approach
it. This is the way we can help it. We have done the analysis. We have talked to the
County" but, unfortunately, it didn't happen. So, next time, we have to give more
detail instruction to staff, what we expect from them. Because just getting together
and just talk and not come up with the -- either good or no. Tell us, yes, it works or it
doesn't work. But come back with an answer, yes or no. We can't let people continue
to come here and spend time in here. So, I hope by the 7th -- next meeting is
February the 7, we'll come back with it.
Mr. Jones: Mr. Gort, I'm sure, if the City would do a letter to the County, letting the
County know that y'all looking into it, they will hold back on it.
Vice Chairman Gort: Mr. Jones --
Mr. Jones: But that's supposed to been done the last meeting.
Vice Chairman Gort: Mr. Jones, they have been instructed today. They know that you
are being contemplated. I'm sure they can come up with the right letters so this
County can hold the money for you all, and I hope to see you on the 7. Thank you all
and, once again, we're sorry that took place.
Mr. Fernandes: We will follow through with a letter to the County, as well as doing
the evaluation. We'll attempt to identify some funds so we can develop a program
along the same lines that you saw today.
Vice Chairman Gort: We should look at those programs. Maybe that's something that
can really work, and we need to help those individuals to make sure economic
development takes place. Thank you.
Mr. Jones: Mr. Gort, if I can say this. Is that my credibility is at stake here. These
people trust me to bring something to them.
Vice Chairman Gort: Mr. Jones, those people --
Mr. Jones: And I work very hard, you know.
Vice Chairman Gort: -- those people can see we're working and we're working with
you, and you're doing a great job. OK.
Mr. Jones: But that don't do me no good if I ain't got the money, you know.
Vice Chairman Gort: OK. Let me ask you a question.
January 27, 2000 19
Mr. Jones: I can get all the pats on the back, but until I produce something, then
that's when I get the credit, not the pats on the back. I want some -- I want to see
some concrete hit the ground, Commissioner Gort.
Vice Chairman Gort: Leroy? Leroy, let me ask you a question. Let me ask you a
question.
Mr. Jones: Yes, sir.
Vice Chairman Gort: What do you want us to do today?
Mr. Jones: What I want y'all to do is what y'all promise us y'all. was going to do six
weeks ago, y'all was going to come back with something -- what I want y'all to do is
get the money from the Code Compliance Program, a hundred and sixty-seven
thousand dollars ($167,000).
Vice Chairman Gort: OK. Mr. Leroy -- Mr. Leroy, there are certain --
Mr. Jones: That's what I really want done.
Vice Chairman Gort: There are certain procedures that we have to follow -- and you
can tell him, the Commissioner, I'm telling you, we cannot do that today and we need
to follow those procedures. OK?
Mr. Jones: But, Commissioner Gort, it could have been done. I've been working on
this since six months.
Vice Chairman Gort: I understand. And we're telling --
Mr. Jones: Now, we're going to lose the other money we getting from the County.
OK.
Vice Chairman Gort: Leroy, thank you.
Commissioner Winton: No. Because the instructions to the staff were just now -- and
they said it -- Leroy, you weren't focused on that, but the staff said they would get a
letter to the County in support of this program so that those funds are reserved. That
was a commitment.
Mr. Jones: OK. Thank you. Thank you. Thank you, Commissioner Gort. Thank you,
Commissioner Teele, Sanchez, Regalado. Thank y'all.
Commissioner Teele: Call the question.
Vice Chairman Gort: We already did. We voted on it.
Commissioner Teele: On the motion.
Commissioner Winton: No, we didn't vote on it.
January 27, 2000 20
Mr. Walter Foeman (City Clerk): No, we didn't vote on it.
Vice Chairman Gort: We didn't vote? All in favor state by saying "aye."
The Commission (Collectively): "Aye."
Vice Chairman Gort: I was sure we did, but...
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-74
A MOTION INSTRUCTING THE CITY MANAGER TO
DEVELOP A PROGRAM AND SUBMIT A REPORT
WHICH WOULD ESTABLISH A PROCESS TO APPLY
FOR CITY OF MIAMI FUNDS, AS A FUNDING MATCH
TO MIAMI-DADE COUNTY'S COMMERCIAL
REVITALIZATION PROGRAM; FURTHER INSTRUCTING
THE MANAGER TO DRAFT LEGISLATION AND
SCHEDULE SAID PROPOSED PROGRAM IN THE FORM
OF A RESOLUTION AT THE NEXT COMMISSION
MEETING.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Tony Rodriguez. Yes, sir.
Tony Rodriguez (Miami Fraternal Order of Police): Tony Rodriguez, president of
Miami FOP (Fraternal Order of Police).
Vice Chairman Gort: This is item 4.
Mr. Rodriguez: Let me just thank all of you, Commissioners, for affording us the
opportunity to be here today to speak to you about this very important issue. Of
course, as you know -- and, by the way, have you all received the letter that I sent to
January 27, 2000 21
to the City Manager, and to all of you --
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, I'm sorry. If I can interrupt,
and I apologize for doing it. With your permission, I do need to advise the City
Commission of something. This -- item number four was a general reference to
retiree's health insurance, but when Mr. Rodriguez called to your attention his
December 29th letter, that very specifically addresses an on going litigation that the
City's been involved in since 1985. In fact, we're set for trial in February. Both
parties have crossed motion s for summary judgment and both parties are getting ready
for trial. My recommendation to you, if we're talking about the nature of the issues
involved if that litigation, that this City Commission not discuss those at"this meeting.
And it could very well compromise the City's defense in this case.
Mr. Rodriguez: Well, Commissioners, let me assure you -- and I appreciate the
comments by the worthy City Attorney -- but I don't plan on speaking about the issues
on the case. I don't plan on speaking about the details of the case because I'm -- it's
abundantly clear to me that that's something that you can't listen to. So, I think -- I
appreciate his advice, but that's not what I'm here for. However, I am here to talk to
you about and have a number of the retirees -- the class members -- you were talking
about a case that involves 1500 class members, so -- and we're talking about, not just
police retirees but fire and civilian, as well. These are not strangers off the street that
have sued our City, like often occur. These are people that dedicated the largest part
of their lives to serving this City, to serving our community, to serving our citizenry,
but, yet, they are being treated worst than the strangers on the street who try to sue
our City, many times frivolously to try to reach into deep pockets. So, the reason I
ask to speak to you today about this was number one, to let you know about the case.
Because when I had spoken to some of you about this, it was a little bit disturbing to
know that all of you knew -- or most of you knew very little about this case. A case
that, as I'd like to point out --
Mr. Vilarello: Mr. Chairman, just a point of order. I thought Mr. Rodriguez
understood, at least, that my objection was to a discussion about the litigation and I
thought he was going to go somewhere else, but he's gone right into the discussion of
the litigation. And the reason I try to cut short the conversation is, any case can have
some compelling issues, which might require the City Commission to respond to and,
under my advice, I'm recommending that you don't do that and to open half the public
discussion on it and not give you an opportunity to respond, Mr. Chairman, might be
unfair to the City Commission, and I highly recommend that, if the discussion is going
to be with regard to the litigation itself that, perhaps, this is not the appropriate form
for that.
Mr. Rodriguez: Quite the opposite, Mr. Chairman. I don't plan on talking about the
litigation, but you need to know, as the legislative branch of our City government, the
City Attorney works for you. You need to know what is going -- what's taking place.
This is a case that's outrageously old, 1983. It's going over 17 years. Seventeen
years. You need to know of the impact, which, by the way, has been already
discussed to the Oversight Board, in public here. You're talking about a liability of
upwards of thirty million dollars ($30,000,000), and if you compound interest, which
is always the case, ninety million dollars ($90,000,000). That's right. You can call
this the City of the FOP (Fraternal Order of Police), if that happens, if we prevail on
that. And we don't want to bankrupt this City. We gave our lives to the City. But
January 27, 2000 22
what you need to know is, the way that our retirees, our class members are being
treated by this City because you run this City and you need to know that. Now if your
attorney wants to tell you not to listen to that -- and that's the message we want to
send to our public, our retired employees and our active employees, then that's fine.
Let's go ahead. Because I wanted you to know what's going on. So, if that's the
message you want to send, then that's fine. You can rule me out of order.
Mr. Vilarello: Mr. Chairman?
Vice Chairman Gort: Tony, excuse me a minute. Wait a minute. Yes, Mr. Attorney.
Mr. Vilarello: A point of order. Again, he says that he's not going to talk about the
case but he goes into it. Please direct -- I'd be more than happy to brief each and
every one of you -- the case is a case -- the main plaintiff in the case is CASE, case,
and we refer to it as the case litigation, and I'd be more than happy to brief you
individually and, if necessary, an executive session, but, again, its inappropriate to
open a portion of the public hearing when I'm advising you not to comment on it, and
you may very well wish to comment on it, and I'd request, Mr. Chair, if you could,
limit the discussion on this item. Not related -- items not related to the litigation.
Mr. Rodriguez: If I hear this right, he doesn't want you to comment on it. Fine, just
listen. Listen to me. Let me talk. That's fine. I can live with that. And then, you
know, go by your heart. I can live with that, Commissioners, respectfully.
Commissioner Winton: Mr. Chairman?
Vice Chairman Gort: Go ahead.
Commissioner Winton: Tony, I -- and I am the new guy here and I'm not disinterested
in any of our employees at all. And I'm certainly not disinterested -- and I'm not
disinterested in our past employees, but I am interested in process and procedure in
the City where I sit on this side, I still have an obligation, as a Commissioner, and
apparently the City is in a lawsuit and I'm looking at this no differently than any other
lawsuit that this City's involved in. You know, we just had a long discussion about
the parking surcharge lawsuit that we can't discuss in public, and everybody and their
grandmother out there in the public knew that when I ran, I was opposed to the
parking surcharge, but I'm a City Commissioner today and I have a different kind of
responsibility to the entire public. And so, it seems to me that the idea that the City
Attorney had suggested -- and I'm very interested in laws -- I don't know anything
about it. And you're absolutely right. I'm very interested in having -- in gaining all
the knowledge I can about this suit, but the City Attorney has recommended to us that
the appropriate way to gain the knowledge is in a private session with him to get that
knowledge, and I'm assuming, are we not allowed to have a private session with Tony
Rodriguez about information about the lawsuit or is it only from the City Attorney?
Mr. Vilarello: Well, certainly, my recommendation to you is that you not discuss with
litigants -- and, by the way, Mr. Rodriguez is not a litigant in that case, but --
Mr. Rodriguez: I'm not a litigant. That's right, I'm not a litigant. So, what's the
problem?
January 27, 2000 23
Mr. Vilarello: Certainly, comments that you all make may lead to admissions against
the City. So, I always recommend that you not speak with opposing counsel or
opposing parties in litigation.
Vice Chairman Gort: My understanding is your problem is. that, any one of us making
any statements.
Mr. Vilarello: It could be --
Vice Chairman Gort: But we can listen and don't make any statements.
Mr. Rodriguez: And I'm not a litigant by the way. Thank you.
Vice Chairman Gort: Go ahead. Go right ahead, sir.
Mr. Vilarello: And you can direct me to --
Vice Chairman Gort: Will you try expedite it? We have a new item to go.
Mr. Rodriguez: By the way. Thank you, Commissioner. I appreciate that very much.
And I'll be brief, and then -- because I really want you to hear -- to some of the --
Vice Chairman Gort: Because I have to be frank with you. I don't know anything
about this case. I have to sit down with my attorneys going to put up-to-date on this
Mr. Rodriguez: I know. And that's --
Commissioner Teele: Mr. Chairman, I would respectfully ask that you impose your
will as the Chairman to limit any Commissioner --
Vice Chairman Gort: No. There is not conservation in front of us.
Commissioner Teele: From saying anything or asking any questions and that we allow
them to go forward, but to limit all of us in our questioning or responses --
Vice Chairman Gort: No. My understanding, Commissioner Teele -- and I appreciate
you're telling me that. We will not say anything. We will not ask any question. This
is just Informing. We just listen. Go ahead, sir.
Mr. Rodriguez: Thank you. And believe me, Commissioners, as I usually am, I'll be
brief because I kind of want you to listen to just a couple of retirees because they are
the ones that really need to speak to you. And I'm not going to get into details of the
case. As you know, and you got my letter, it involves retirees, it involves health
insurance coverage for the retirees, and an agreement, -- the position of the class
members and the FOP, while we're sponsoring this litigation -- because these retirees
asked the FOP to get involved in this, in financing with our attorneys. You know,
we're not a plaintiff in this. And it involves an agreement that the City had with these
retirees not to raise their health insurance premiums, and they broke it and they did.
Very simple. I'm not going to get into details. In many cases, their health insurance
premiums went up more than double. These are people that retired very many years
ago, who don't have their retirement -- and you know how the finances have gone --
January 27, 2000 24
they can't afford this. So, they are left out there, you know, in very, very bad
situation. I also wanted to let you know, and I want you to hear from some of the
retirees -- the frustration and the disappointment that we have with the way that we've
been treated, and by we I mean the class members. I want you to know that, about
three and a half years ago we were close to a settlement on this case. In fact, I was
involved, not in those settlement discussions, but in a number of settlement
discussions subsequent to that until your City Attorney had me removed from those
settlement discussions. He went to court to have that done. When we were close to a
settlement, it was when the financial crisis hit, and the class members, the retirees
agreed to help the City get through this and not to push the case at that time. To help
the City. OK. That's very important. And we had a settlement. So, the financial
crisis happens. Everything that you all know about happens, the City -- once the City
got back on its feet, the City has not engaged in any good faith settlement talks.
Understand me, we would like to settle this case. We gain nothing by bankrupting
this City. Nothing. The City doesn't gain. Our citizenry, the people that we are
sworn to serve and protect doesn't gain. nobody gains. All we have asked is that the
City -- and now since Mr. Vilarello has taken over the focus of the case -- is that the
City engage in good faith talks with us. Hasn't happened. We asked for the City
Manager to attend even one of those talks because it's a big case. It'_s a case that
involves thirty to ninety million dollars ($90,000,000). We think maybe someone with
authority should be there. Never happened. The City Attorney refused and even went
to court. We tried to get that in court and argued you'd against that. Now, the City is
trying to delay it some more, after 17 years. As the City Attorney said, we're ready to
go to trial. All we're asking of all of you is, either engage in real good faith
settlement talks -- and, by the way, I'm no longer in those talks. It will be with some
of the class members and the attorneys -- either engage in real good faith talks or stop
delaying it. There are over -- well over a hundred widows. Is the City trying to just
drag this out so they'll all die? It's sad. It's a sad statement. Sad statement. Now the
latest thing, of course, is the City's trying to punish and intimidate the retirees some
more by a proposal that, if, of course, they don't prevail, they've got to pay the City
Attorney's costs. These are retirees that can't afford their health insurance coverage,
who gave a large part of their lives for this City. So, very briefly -- and since, of
course, my comments have been somewhat limited -- all we are asking of you is -- and
I want you to hear from the retirees very briefly -- is the City Attorney works for you.
You all have the leaders of this City. You're the legislative branch of this City.
Either we engage in real talks and let's work this out, which we've always tried to do
or stop delaying it. Let's go to court. Let's let a judge decide. Thank you.
Vice Chairman Gort: Yes, sir.
Mr. Lury Bowen: Commissioner Gort, Commissioner Regalado, Commissioner
Sanchez, I don't know you. I don't know Mr. Winton. But I'm a World War II
veteran, 76 years old; I put in 27 years with the City of Miami Police Department.
Most of us here -- and I wish they would stand up and let you know who they are --
old timers. When we retired, we were told that our insurance premiums would stay
the same amount. You all probably don't know about this. I'm not going to pay any
attention to what Mr. Vilarello says because I don't think he cares. But we were told
that our insurance premiums would not go up. When I left, my retirement was twelve
hundred and thirty-seven dollars ($1,237) a month. My insurance premium went up
after I left. Then my insurance premium went up again, ending up being down below
a thousand dollars ($1,000) per month. I had to come back down to the City, working
January 27, 2000 25
a thousand dollars ($1,000) per month. I had to come back down to the City, working
for seven dollars ($7) an hour, part time, in order to keep from robbing banks or
selling drugs or doing some other thing illegal. And I just want you all to know, I've
dealt with you all and I believe that you all will do right, but it's wrong to do what
you're doing to -- for the City, not you all, because you all don't know about it --
which is wrong what the City is doing to old timers who put in -- some of them put in
more time than I did with the City, and when I heard the City Manager talking about
disregarding us, I couldn't sit there because I didn't want y'all to walk away without
hearing the ones who wanted to talk. Now, if our COLA (Cost of Living Allowance)
hadn't kicked in, after many years of fighting for that, I'd be somewhere, I don't know,
robbing banks or something like that. And it's not right. We put in many, many years
here for the City. Honorable people and you all don't know the situation, so please
hear us, the ones that want to talk and then decide if you want to do something for us.
You know, because we -- it appears, like the president says, that the City is trying to
out live us, and we're dying every year. One just died last -- Kelly just died a couple
days ago. We're dying off fast. But at least, if they don't want to give us our money,
make a settlement, give me the money back that you took. Don't just take my money
and say, we'll wait until you dying and don't have to worry about it. So, I thank you
for listening to me and I pray that you all will feel sympathy for us and attempt to do
something for us. Thanks very much.
Vice Chairman Gort: Thank you, sir. Sir.
Mr. Lewis Johnson: Good morning, Commissioners, Mr. Manager. My name is Lewis
Johnson. I am the President of the City of Miami Retirees Association. The members
of the association are the retirees of the City from Police, Fire, the General
employees, as well as Sanitation employees, and their surviving spouses. We have
been involved in this litigation for a long time, since its inception, the past 17 years.
We're anxious to see it concluded. We realize that the City had been in serious
financial condition, but I hope that now, with the assistance of Mr. Vilarello and his
staff, that the City will be able to come to some reasonable conclusion. This matter,
it's been hanging on too long for all of us. Thank you.
Vice Chairman Gort: Thank you, sir. Tony. Thank you all for being here. Appreciate
it. You heard from our attorneys, not much we can ask or do now. But we sure all of
us will look into it. Thank you.
Mr. Donald H. Warshaw (City Manager): Commissioners, just in a form of an
introduction, the staff of the City from the inception of the Oversight Board has been
working with the Oversight Board and, as you know, part of the process prior to
Oversight Board meetings and reports to this Commission involve working with the
Financial Advisor to the Oversight Board, which has been PFM, Public Financial
Management, and we have had to live by a certain number of criteria to satisfy their
requirements and, in turn, be able to satisfy the requirements of the Oversight Board.
In looking down the road a little bit, one day the Oversight Board is not going to be
January 27, 2000 26
here and, kind of as a follow-up to the anti -deficiency ordinance, the Oversight Board
has been working with the staff for the past many months to develop a set of guiding
principals that we've all been living with anyway up until this point, asking the City
to, in some way, memorialize them so, there is a comfort level that we're on our way
towards independent, you know, fiscal health. So, what you have here today -- I'm
going to let Ms. Henry explain a little bit about it -- is a series of items dealing with
future structures of the budget, the way we're going to handle reserves, things we've
talked about many times and we'd like to see that with the Oversight Board's request
in the form of some kind of an ordinance, and I concur with that. I know that the
rating agencies have looked at this as well, and I think this would be a very positive
step, you know, step for us to get to the next level.
Vice Chairman Gort: Mr. Manager, let me ask you a question. Because I read it and I
went through it and I'm sure all of the Commissioners here did the same. Rather than
go through the whole presentation, if there are any specific questions that --
Mr. Warshaw: That's fine. We'll be glad to respond to questions.
Vice Chairman Gort: Right. Any specific questions from any of the Commissioners on
this item?
Commissioner Teele: I would move the item.
Vice Chairman Gort: OK. It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Is there any further discussion? Being none, all in favor state by
saying aye.
The Commission (Collectively): "Aye."
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTERS 2 AND 18 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATION" AND "FINANCE;" TO REMOVE
PROVISIONS RELATING TO THE ANTI -DEFICIENCY ACT
FROM CHAPTER 2 AND RELOCATE SAME TO CHAPTER 18
AND NEW ARTICLE IX, ENTITLED "FINANCIAL POLICIES."
FURTHER AMENDING CHAPTER 18 TO SET FORTH
FINANCIAL POLICIES AS THEY RELATE TO THE FINANCIAL
INTEGRITY PRINCIPLES; MORE PARTICULARLY BY (A)
DELETING NAMED REFERENCES TO ARTICLE 12 AND
CHAPTER 2, (B) RELOCATING SECTIONS 2-1145 THROUGH
2-1148 TO CHAPTER 18; NEW ARTICLE IX, DIVISION 1 AS
SECTIONS 18-500 THROUGH 18-503 AND (C) CREATING NEW
DIVISION 2 TO NEW ARTICLE IX, WITH SECTIONS 18-540
AND 18-541; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
January 27, 2000 27
was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on first
reading, by title only, by the following vote:
AYES: 'Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
The ordinance was read by title into the public record by the City Attorney.
Vice Chairman Gort: Thank you very much.
Mr. Walter Foeman (City Clerk): It's an ordinance, Mr. Chairman.
Vice Chairman Gort: Oh, an ordinance. Sorry. Read it. First reading, right?
Mr. Warshaw: Yes, sir.
Vice Chairman Gort: Call the roll.
Vice Chairman Gort: Item seven.
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, this is an ordinance that I
brought forward and modified after the discussion of the City Commission and
adoption of the City Commission on first reading of a provision allowing for the
Mayor to appoint a City administrator under the new form of government that will go
into effect in March of 2000. This provision is also subject to the swearing in of an
elected Mayor in March of 2000. 1 did add provisions with regard to qualifications of
the City administrator. That was done as a suggestion and certainly subject to any
modifications that this City Commission might want to impose with regard to
qualifications. It also has a provision with regard to attendance at meetings. It
certainly, as you understand in the new form of government, this City Commission
will be limited in directions to City employees. However, this does suggest that it
was be in the best interest of the City, that a City administrator attend the meetings
and request that with -- subject to the approval of the Mayor, that the City
administrator could attend the Commission meetings and, of course, respond to
Commission questions.
Vice Chairman Gort: OK. Thank you.
January 27, 2000 28
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Teele: I would move the item, with the following amendments: The
seven years of local, state, federal experience, I think there is a tremendous number of
competent professionals and we shouldn't just limit that to local government. So,
adding the word "state or federal experience."
Commissioner Sanchez: I would like to make one amendment, and that would be
instead of a master's degree or bachelor's degree, with some credits toward a master's
degree in the field of public administration.
Vice Chairman Gort: Let me ask you a question. That's something that was -- I tried
to bring up. Many times instead of the title, if sufficient experience can make up for
it -- because I've seen a lot of people with masters and doctorates and they don't have
the experience and the knowledge to deal with that. I understand -- and many of the
applications that I've seen in the past, it's a master's degree or an equivalent in
experience to the master's degree.
Mr. Vilarello: I could make that change, and make it into a disjunctive, so either
experience or education.
Vice Chairman Gort: OK.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I think Commissioner Sanchez is right on the issue. I believe
that this unnecessarily restrictive. I think it should be a degree in any area. I mean,
if a person who's got a degree in engineering or a degree in finance or economics, I
mean, who's to say -- I don't think we should limit the option of professionals. I think
the intent here is is to have an accredited degree, college, a university degree, with
seven years of experiences in another section. That gives you the equivalent that
we're talking about. So, a bachelor's degree -- seven years of experience is clearly
equivalent to a master's degree. So, with seven years equivalent that is there, just the
language of a degree, a bachelor's degree, in my mind, coupled with the other
provisions, is sufficient. And I really think that professional engineers or architects
or others should not be -- the Mayor should have -- yeah, or finance. The Mayor
should have that full range of options. So, I would join Commissioner Sanchez in
that.
Vice Chairman Gort: So, the maker of the motion accepts the amendment.
Commissioner Teele: So -- I sure do.
Vice Chairman Gort: OK. How about a doctorate degree in common sense also? OK.
There is a motion. There is a second. Sanchez seconded it.
Commissioner Winton: Second.
January 27, 2000 29
Vice Chairman Gort: Any there any further discussion?
Mr. Vilarello: It's a.
Commissioner Sanchez: I do have one and I recall last time we discussed .this item
was that the administrator had to attend every Commission meeting. Has that changed
or has that --
Commissioner Teele: It's requested.
Commissioner Sanchez: It's requested.
Mr. Vilarello: It's requested.
Commissioner Teele: We can't mandate.
Commissioner Sanchez: We can't mandate it. OK. No further discussion.
Vice Chairman Gort: OK. All -- this is a resolution.
Mr. Vilarello: It's an ordinance.
Vice Chairman Gort: An ordinance. Read it.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 2/ARTICLE III OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATION/OFFICER" TO CREATE AND PROVIDE
FOR THE APPOINTMENT OF THE CITY ADMINISTRATOR;
MORE PARTICULARLY BY ADDING NEW DIVISION 5,
SECTION 2-161 AND 2-162 TO SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on first
reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: Commissioner Tomas Regalado
ABSENT: None.
Vice Chairman Gort: Call the roll.
January 27, 2000 30
•
•
Mr. Vilarello: I'm sorry. And that is, of course, as amended by the City Commission.
Vice Chairman Gort: As amended by the Commissioners.
Mr. Vilarello: City Commission.
Vice Chairman Gort: Eight. License agreement between the City of Miami and
Mike's Kitchen Coach, Inc.
Commissioner Sanchez: Mr. Vice Chair, I do have some concern on that,, and I would
like to be provided more information on this item. Three thousand six hundred and
seventy-two square feet of space within the Miami Marine Stadium property. I would
like more information on it. I think that a monthly fee of two hundred dollars ($200)
is reasonably cheap, unless you would provide more information on this item. .
Ms. Laura Billberry (Director, Asset Management): The fee was based on -- in the
City Code there exist a thousand dollars a day charge for parking, for using the
parking lot. Consistent with the Ocean Club and the Coscan agreement that was
previously approved proved by the Commission; we've taken that fee and pro rated it
on a square foot basis to arrive at what this amount is. We've actually, in this case,
for 36 s 72 square feet, it actually only comes up to about a hundred and sixty-eight
dollars ($168) a month. So, we round it up to two hundred.
Commissioner Sanchez: What specific site is this Marine Stadium? Referring --
Ms. Billberry: There is a diagram in your package. It is -- as you enter the stadium
to the left side, there is an existing fenced in area that this gentleman would like to
use. He runs concession activities in this area, and the beaches, and he's just looking
for a place to store his vehicle at night.
Commissioner Regalado: But it does not have security?
Ms. Billberry: He would be responsible for any security that he may require.
Commissioner Sanchez: And that is in the agreement, that he is responsible?
Ms. Billberry: We can clarify it if it's not specifically in there.
Vice Chairman Gort': Insurance, the whole works.
Ms. Billberry: He absolutely has to provide insurance. And he indemnifies the City
as -- with respect to any damages.
Commissioner Winton: And what's the term of this lease?
Ms. Billberry: This is thirty --
January 27, 2000 31
•
0
Vice Chairman Gort: Excuse me. Wait a minute. Let Commissioner Sanchez finish.
Commissioner Sanchez: And this is just for storing, correct?
Mr. Donald Warshaw (City Manager): Correct. He's not going to be selling food
there.
Commissioner Sanchez: OK.
Ms. Billberry: Correct.
Commissioner Sanchez: I don't have a problem.
Mr. Alejandro Vilarello (City Attorney): This is a revocable license agreement, not a
lease. It's a thirty days, subject to termination.
Ms. Billberry: This is just an interim type of activity.
Mr. Warshaw: Parking space.
Vice Chairman Gort: OK. Any other questions? I do have one. We had an item very
similar last time, special temporary parking. Are we going to consider this as
temporary parking? Are we going to require that they meet all the standards and
guidelines of our parking lot or --
Mr. Vilarello: The license agreement requires.
Ms. Billberry: This is an existing parking --
Mr. Vilarello: -- them to comply with all local regulations, including any
requirements with regard to the paving service. So, I don't believe it will be
considered temporary parking. They'll have to --
Mr. Warshaw: And it's paved.
Ms. Billberry: This is an existing facility, too. It's not like something we're adding.
Vice Chairman Gort: Any other questions? All --
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Again, I'm not comfortable with the calculations. I thought
Commissioner Sanchez asked a very good question, and I found -- I'm troubled by the
response but, I mean, I don't want to -- I think there should be a minimum -- I don't
think prorating may be arithmetically correct, but I don't think that necessarily
represents what the value of one of these agreements are. I have no idea. I don't have
a clue, but the response that it's a proration reminds me of the riddle, Joe, "If it takes
one hour to dig a hole, how long does it take to dig half a hole?" You know, these
prorations can come up with some nice numbers, but I'm not sure. I don't know what
January 27, 2000 32
I'm -- I'm way out of my element and league, but it just seems to me that this figure is
extremely low for a fee on that kind of property.
Mr. Warshaw: Let me just say, Commissioner, this is not something that the
administration is, you know, going to the wolf for. It's a piece of space that we would
other wise have no use for. Basically, it's a parking space. So, whatever your wishes
are, we recommend doing it because we don't see that we would ever get any other
income that's revocable on a thirty -day basis.
Commissioner Teele: This is parking or storage?
Ms. Billberry: It's parking for a vehicle, but it's for at night if the gentleman wishes
to park his concession truck.
Mr. Warshaw: And that's all it's for.
Ms. Billberry: He's not going to be selling or anything out of the premises.
Vice Chairman Gort: This gentleman has a business within the Rickenbacker
Causeway.
Mr. Warshaw: He has a business.
Vice Chairman Gort: And then, at night, instead of taking it all the way to home, he's
willing to pay two hundred dollars ($200) to leave it close to the place.
Mr. Warshaw: Right, wants to store his truck there.
Commissioner Teele: I'll vote for it. I mean -- I just think we're setting a precedent
and this is valuable land, and when you start these little things that seem neat and
nice, you now have somebody who's going to come along with a much bigger piece
and say --
Commissioner Sanchez: I want the same thing.
Commissioner Teele: -- I want the same kind of deal. That's my only concern about
these. And, again, I guess I should commend you for, at least, finding some use. But
just note, we're establishing a precedent.
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: In terms of a monthly cost for parking, which is what the is
for, two hundred dollars ($200), Commissioner Teele, is a very good price, just in
terms of a two hundred dollars ($200) per month parking charge for a vehicle.
However, they have thirty-six hundred square feet, which is a lot more than any
vehicle need so they could probably park ten vehicles in there if they wanted to
squeeze in. So, two hundred dollars a month is very cheap. In fact, if you do it on a
cost per square foot basis, it's a dollar fifty-three ($1.53) per square foot for a land
price, which is very cheap. So, if the guy -- and I think y'all brought up -- I was
asleep at the wheel here -- if y'all -- because I didn't think of this. Good work, Joe.
But if you look at this on just a per square foot of land -- if it were two hundred or
January 27, 2000 . 33
But if you look at this on just a per square foot of land -- if it were two hundred or
three hundred square feet, then two hundred dollars ($200) is great. But it's thirty-six
hundred.
Commissioner Sanchez: Hey, Johnny, for Christmas, I'm going to get you a new
calculator; all right? Because you tend to take it out and calculate. But, you know,
you're absolutely right.
Commissioner Winton: I carry this everywhere.
Commissioner Sanchez: He wants to park the car there. What's to prevent him from
storing other equipments there and being such a large piece of land? So, I have some
concerns. I'm willing to move to defer this item.
Vice Chairman Gort: Why don't you -- OK. Move to defer. Is there a second?
Commissioner Teele: Second.
Commissioner Regalado: Question. Just a question. Do we park during the Lipton
Tournament? Do we use that parking? Is that parking the same one that we lease for
the construction of the condominium in Key Biscayne?
Ms: Billberry: It is within the same area, but it's not the same exact space.
Commissioner Regalado: OK. How about for the Lipton, there are no plans to park
there?
Ms. Billberry: The County would like to park there during the tennis tournament and
Commissioner Teele: We'll probably make more in one week --
Commissioner Regalado: That's what I'm saying.
Commissioner Teele: -- there than we'll make in two years with this deal, you know.
Commissioner Regalado: That's exactly what I'm saying. What is the area, the --
because I remember last year, they used it.
Ms. Billberry: The County uses whatever space is available to the extent the space is
available.
Commissioner Regalado: So, --
Vice Chairman Gort: What does the County pay?
Ms. Billberry: The County has continued to provide the stables out at the Tropical
Park at no charge to the City, and they've provided various other in-kind clean-up
services to the stadium. .
Mr. Warshaw: They are going to pay us basically in that --
January 27, 2000 34
Commissioner Teele: I didn't hear -- but I didn't hear the answer? What does the
County pay us?
Ms. Billberry: They are paying through in-kind.
Mr. Warshaw: That's how they pay us.
Vice Chairman Gort: It's an exchange. No money.
Commissioner Teele: Huh?
Ms. Billberry: They are paying through in-kind.
Commissioner Winton: No money.
Mr. Warshaw: We don't -- they don't charge us for the police stable facilities -- and
this was an agreement that was made many years ago -- and, basically, they take
whatever space is available. So, while it's true we might be taking a little away from
the County --
Commissioner Teele: Well, I see why the County has money and we're broke. I mean,
we give a way everything.
Vice Chairman Gort: OK. There is a motion to defer. Is there a second?
Commissioner Sanchez: Teele seconded it.
Commissioner Teele: I seconded it.
Mr. Walter Foeman (City Clerk): Yes.
Vice Chairman Gort: Second. OK.
Commissioner Winton: Could I make just one quick comment?
Vice Chairman Gort: On defer, yes.
Mr. Vilarello: To February 10?
Commissioner Winton: Commissioner Sanchez, could we give them some direction,
though, in terms -- staff, some direction in terms of, you know -- I think that the
question is, do we want any revenue or do we want them to just below this thing up
completely or do we want them to negotiate a better deal?
Commissioner Sanchez: Two hundred dollars ($200) a month isn't going to make or
break the City.
Commissioner Winton: Right.
Commissioner Teele: Mr. Chairman, I think -- I mean, I think Commissioner Winton's
request is fair, and I think that's part of the problem that we have in our dealings with
January 27, 2000 35
staff. We take these actions but we don't give any directions or instructions.
Vice Chairman Gort: Right.
Commissioner Teele: I, for one, would like to help the businessmen, any business
person to the extent that they need space to park a vehicle, then we should limit them
to the amount of space that they need. I think there should be a minimum charge. I
think we could put reasonable conditions that the vehicles must be you know stored in
an appropriate manner, and it should not -- and it shall not be something that is a
detriment, environmentally, and aesthetically, and only vehicles. We don't want this
to turn into a service area or a derelict vehicle area where he's got four or five
vehicles. We certainly don't want him subleasing or arranging anything else for that.
And I think there should be a minimum payment for something like that. And I think
we should, you know, work with him. But to give them more space than they need,
which simply is going to mean, he's going to wind up subleasing; somebody else is
going to come in with something and it's just not necessary. I also think that we
should look at staff and ask them to identify all of the available space that can be
made available for a park parking arrangement for the Lipton and other events, and we
need to -- Erickson and other events in this area, and we need to try to organize this
space in a logical manner and, if necessary, put it out to bid or to make it available to
anybody who wants to operate a parking. I mean, the point that I'm making is, we're
giving away space all over their town. Mr. Manager, Moss Tech. parks vehicles right
there on 3rd Avenue as they redo the fiber optic lines. All over City property. Who
gives them permission? How much money are we collecting? I mean, -- I'm using
that because that's one specific example that I'm aware of. But we're giving away all..
of these assets all over the place -- these fiber optic trucks use City lots as staging
areas, but when they use private areas, they pay us. So, I think we need to look at this
very closely.
Mr. Warshaw: Just for clarification purposes. Number one, I'm told he would be
prohibited from any kind of subleasing and the reason it's three thousand seven
hundred and sixty-two square feet is that that area happens to be fenced. So, all three
thousand seven hundred and sixty-two feet are contained within the fence. The reality
is, he'll probably be using three hundred square feet, but we wanted to let you know,
the reality is that that area exists, you know, as thirty-seven hundred square feet.
And, again, whatever the wishes of the Commission are --
Commissioner Teele: And my point on this is essentially the same. When the Lipton
comes along, and these other events, that area is parking at a premium. We have been
giving away those revenues, OK. And we need to organize ourselves in asset as it
relates to every space of land in this City, that we have just been allowing people to
come in and make money on it. I mean they collect money. It's not like it's an in kind
service. They are collecting money. This is not like we're going to let the City -- if
these were Dade County Fire -Rescue vehicles or police vehicles parking there, that
would be one thing. They are collecting money, and, so, we need to have a
reservation during the Lipton and other events that we can basically use those and run
those as facility to collect money for the City.
Vice Chairman Gort: Let me ask you a question and maybe a suggestion. Since
Commissioner Winton is in the business, he knows well very much about the revenues
and the charges and the cost of parking spaces, why don't you try to come up with a
January 27, 2000 36
formula so we can give it to staff and that's a great idea? We can find out how many
assigned parking spaces we have there and we -- what kind of revenues we can get out
of that.
Commissioner Winton: Well, -- and I think that's a good idea. And I wanted to echo,
in fact, to add to something Commissioner Teele was saying. Commissioner Teele, I
think that there is another thought here that's an extension of what you just said.
Staff said that we don't generate revenue during Lipton because there is a trade off.
They use -- I forget what it is you --
Vice Chairman Gort: The cost of trade off versus...
Commissioner Winton: Right. That's the analysis we need to do. What's the cost of
that trade off? So, let's do a cost analysis and figure out what it would cost us if we
paid the County for whatever we're using of theirs and let's do a separate analysis of
the revenue we could generate through events at Lipton or other events, if we were
able to control the parking and charge for it. And then, Commissioner Teele, we'll
have real data in front of us and can make an informed decision based on that data, as
to whether or not we want to change the system.
Commissioner Teele: And I yield to your -- I defer to your expertise in this. Could
you just state on the record what we've been receiving from the County?
Ms. Billberry: The use of the stadium -- excuse me, stables over at tropical park, at
no cost, and this year they are enhancing their clean up efforts to clean areas that they
will not be using, as well as if areas they will be using at the stadium.
Commissioner Teele: Stables like horse stables, like police horse stables?
Mr. Warshaw: Yes.
Ms. Billberry: Horse stables, yes.
Commissioner Winton: So, we could figure out what that -- you know, that's easy to
figure out. What would it cost to have horse stables somewhere?
Commissioner Sanchez: Well, we --
Vice Chairman Gort: OK. There is a motion to defer, Joe.
Commissioner Sanchez: And we have directed the administration to --
Vice Chairman Gort: OK. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
January 27, 2000 37
r
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 00-75
A MOTION TO DEFER CONSIDERATION OF AGENDA
ITEM 8 (PROPOSED AGREEMENT WITH MIKE'S
KITCHEN COACH, INC. FOR USE OF SPACE WITHIN
THE MIAMI MARINE STADIUM PROPERTY); FURTHER
INSTRUCTING THE MANAGER TO RENEGOTIATE SAID
AGREEMENT IDENTIFYING /LIMITING THE SPACE
NEEDED TO PARK VEHICLE, PROVIDING A MINIMUM
PAYMENT TO THE CITY, REASONABLE CONDITIONS
REGARDING APPROPRIATE STORING OF VEHICLE,
PROTECTING ENVIRONMENTAL AND AESTHETIC
PARTICULAR CONCERNS, PROHIBITING SERVICE OR
DERELICT VEHICLES ON PREMISES, OR SUBLEASES.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Item 9.
Ms. Laura Billberry (Director, Asset Management): I'm going to pass down to you a
revised resolution.
Commissioner Teele: What about eight?
Ms. Billberry: What is the --
Commissioner Sanchez: Eight was deferred.
Mr. Donald Warshaw (City Manager): Explain the revision, if this is a lighter one.
Ms. Billberry: Yes. The revision is to amend the pre qualified bidders list from eight
qualified bidders down to seven because one, we had inadvertently included an error.
January 27, 2000 38
Mr. Warshaw: But, other wise, the resolution is basically the same.
Ms. Billberry: Right. The item before you has been -- prepared in response to the
Commission's comments that we take a more active role in the Value Adjustment
Hearing process. So, Asset Management prepared an RFQ (Request for Qualification)
for appraisal consultant services, which was mailed to forty-three proposers, and we
received ten responses, three of which have been deemed non responsive. Their
services will be to provide everything from complete -- a complete appraisal to
providing market analysis, reviewing comp data, analyzing comp data, providing
rental analysis, furnishing operating expense data. The City will be working with the
property appraisers office to identify properties that have been appeal today the Value
Adjustment Board hearings, where our services will be the most useful. They will be
the ones that the property appraiser has a limited knowledge of, so by providing
expertise of appraiser, we will be able to enhance our efforts of maintaining the
values at the Value Adjustment Board hearings. The consultants additionally may be
asked to testify before the VAB (Value Adjustment Board). All the people on the
qualified list are certified general appraisers. They have additionally, some additional
designation in the appraisal field. They also have a local experience. They've had to
conduct at least 60 appraisals in the last three years in office, commercial retail and
hotels, and have had to appraise offices with a minimum of a hundred thousand square
feet and hotels with not less than a hundred rooms.
Commissioner Sanchez: And, just for the record, the RFQ that went out, 43 potential
providers turned in -- only ten proposals came in. Of course, out of those ten, three
were deemed non-qualified for failure to meet the minimum qualification for
experience, correct?
Ms. Billberry: Correct.
Commissioner Sanchez: So, that's good to be on the records.
Ms. Billberry: Correct. And the consultants will be used on a rotational basis. They
are all qualified. So, as they develop the properties that we will be appealing,
obtaining the appraisals for, the property appraiser, we will be awarding them on a
rotational basis.
Commissioner Sanchez: OK. Well, one thing that I just want to put out is, you know,
one of the things that Commissioner Plummer always used to say was, you know,
"Let's do business within, when possible," and always try to do business with the City.
After all, they are the taxpayers and we need to do business within. So, we would
always ask you Judy, I know you do the best to provide --
Ms. Judy Carter (Director, Purchasing): Absolutely. We did physically -- we did out
reach the local vendors through my two member staff that I have available to do that.
Commissioner Sanchez: Thank you. I have no further questions.
Vice Chairman Gort: I have a question. Do we have any idea how much we lose a
year on the -- inaudible
January 27, 2000 39
Ms. Billberry: When they are successful, there is an average adjustment downward of
five to ten percent.
Vice Chairman Gort: But do we have any idea how much --
Mr. Warshaw: What that converts to a dollar?
Ms. Billberry: That, I don't know.
Mr. Warshaw: Probably not. And part of doing this, we'll be able to get a better
handle on that. I mean, that's something you've asked before and --
Commissioner Winton: Well, -- and relative to cost here, which is seventy-five
thousand dollars ($75,000), you know, I'm assuming that the resources here are going
to be applied primarily to larger properties, not little single family homes. And, so,
the cost -- average cross of an appraisal on commercial properties -- on descent sized
properties, you know, the lowest cost is, if you're doing refinancing, it's three
thousand dollars ($3,000). And generally, they are five thousand to seventy-five
hundred is a typical range accept for real big properties. So, this seventy-five
thousand dollars ($75,000) could do ten full appraisals at the most expensive end and
25 at the least expensive end. So, we're certainly not -- we're not over spending in this
effort to try to figure out if we can have an impact here.
Mr. Warshaw: We're not saying that it's being done for income producing purposes,
but it's certainly going to make sure we get our fair share. We get what we're entitled
to.
Ms. Billberry: Additionally, the information can be used by the property appraiser for
future assessment values, too.
Commissioner Teele: Mr. Chairman, I would --
Vice Chairman Gort: Yes.
Commissioner Teele: At the appropriate time, I would move the item. But I would
also ask this: I think it's important that we focus in on commercial areas in the
downtown Brickell, Park West and Omni areas. It's particularly important -- it has a
double impact when you have special districts like the DDA (Downtown Development
Authority) and unique districts like the redevelopment authority, the CRA
(Community Redevelopment Agency), and I can tell you, based upon the property
values that are there now, there has been a very quiet type of revolution that has
occurred in the City of Miami over the last twenty years. I would like for you all to
present, at the first available opportunity, what the current values of land in the Park
West area are, and what we believe the actual value should be. Because I think it's
very important that this Commission understand what this City has allow today go on
for the last twenty years. And there has been a total artificial elimination of property
values with acquiescence of the City, and the County in allowing this to happen. And,
so, I would hope that we would step in now and be very vigilant with the Value
Adjustment Board because you have a lot of comparables that have been going on in
downtown, in Brickell, and in --
January 27, 2000 40
0
Ms. Billberry: These services would not allow us, though, to go and do an area in the
manner that I believe you're suggesting, as far as --
Commissioner Teele: But when we authorize this, that was specifically -- if you go
back and get the transcript of the discussion, that was specifically the issue that was
being asked. When I brought this forward 18 months ago, the one issue that we
wanted them to do was to do an area wide and not residential, but area wide
evaluation of what property values are on the books for at the County Appraiser's
Office, versus what comparables are selling for. And you remember, we talked about
the big -writ I think it was the Miami Center? Was it the Miami Center that sold
about a year and a half ago?
Mr. Warshaw: There were a couple of properties that came up.
Commissioner Teele: We used those as specific examples. And this is -- if you all
are not comfortable -- if you all are not prepared to do that, this is .an example of why
I think we need to get the transcript. Because what happens too often is that we give
instructions and then something totally different is coming back. The reason that I
pulled and ask that this process be done was based upon what happened in the Miami
Center, where we had -- I think it was a writ from Texas -- that came in and paid two
and a half times the assessed value of the Miami Center, which means we've been
leaving on the table something like four or five hundred thousand dollars ($500,000) a
year in that one building, and, so, -- you know, I don't know what we're doing here,
but I would like for you to get the original discussion, the transcript, let's circulate it
to the Commission, and let's ensure that we're capable of doing an area wide,
particularly of downtown, and of Park West, where these property values have been
literally stolen from the City.
Ms. Billberry: We did do what -- that what you're specifically talking about last year.
We believe we only had a limited success rate last year when we hired an appraisal to
do more of area studies, and that's why we thought we would try this year taking it on
the VAB appeal side trying to do a more detailed analysis of some of the sites.
Mr. Warshaw: And, Commissioner Teele, you are correct. I recall that discussion.
There were two pieces of property. One of them was also the MayFair when it was
sold. And it also was sold in an exorbitant amount of money and we went back -- and
that's when Dena was here.
Commissioner Teele: But I don't think it was exorbitant. I think it was an actual --
Mr. Warshaw: Exorbitant as it relates to what it was assessed on the books. Correct.
Commissioner Teele: As to the property values. And we're getting our money --
we're getting our revenues from the property values, and the more we let these
professionals come in, who literally do one thing, challenge property values -- that is
an area of law and professionalism of professionals who do nothing but challenge the
values. In the City of Hialeah, someone pointed out that the Mayor and Alex, you
were a City Attorney -- the Mayor of Hialeah personally goes to Value Adjustment
Board meetings and basically presents another perspective. Alex, is that a --
Mr. Alejandro Vilarello (City Attorney): It's actually the City Clerk. And, I assume,
January 27, 2000 41
on some cases, the Mayor would go. But the City Clerk in that form of government
has some unusual powers. So, the City Clerk does go and represent the City.
Commissioner Teele: But they literally go in there and challenge the property owner
who challenge -- see, these value adjustment judges, they are wonderful people, but if
they only hear one side of the story, they are ruling on that. The property owner is
always going to be there. So, I just hope that we are setting this process up or some
comparable process, where the City is represented in these value adjustment hearings.
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: A couple of things. One is that I'm in agreement -- even
though I'm a commercial property owner downtown and we appeal our taxes on a
routine basis, by the way. But the City does need the balance, and I'm in favor of the
balance. I think we do have to have that balance, and it's the appropriate thing for the
City to do. However, I think there are two other kinds of things at work here that we
have to pay, I think, more attention to. And, Commissioner Teele, you talk about the
history of things over twenty-year period. The fact of the matter is that this City has
also literally abandoned its responsibility for infrastructure improvements in
downtown Miami for the past twenty years, and that, by itself, has caused huge
erosion in values, and I can speak personally to that. Our office building downtown is
the only asset we own where our investors have never, never made a dime, which is
bologna. And that's in large part because the City flat has abandoned from an
infrastructure standpoint the improvements we need to make our downtown look good
and bring new investors in. So, that's point one. And we -- and I think this
Commission needs to pay real careful attention to that and develop a policy that
improves appropriately infra -- I'm not talking about us building buildings and stuff.
I'm just talking about fundamental infrastructure improvements. So, we need to focus
on that. Right. Number two; we also want to be careful about the message we're
sending to the investment community that we're trying to get to our community here.
Downtown, Brickell, Omni, Park West. The fact of the matter is that those areas are
the primary tax base for our entire City, and, more importantly, they will be the
significant tax -- incremental tax generator for the future if we do the right kinds of
things. We can, in fact, draw lots of additional development into that corridor if we
do the right thing. So, we need to make sure that, from the point, -- you know, in
addition to the fire fees and the parking tax and this new initiative here, all of those
are kind of negative signals that we keep sending to the investment community. We
have to make sure that we put together a plan that sends that same community a
positive signal that says, We're only trying to do the best we can to run our City in a
very efficient manner, and we're willing to make investments back in your part of the
community so that your direct dollar investment gets a damn good return and we
haven't done a very good job of that part and I hope we get to that.
Commissioner Teele: Amen.
Vice Chairman Gort: Further discussion? Being none, all in favor state by saying
Itaye.
Mr. Walter Foeman (City Clerk): We need a movant and a seconder, Mr. Vice
Chairman.
January 27, 2000 42
Commissioner Teele: I moved.
Commissioner Sanchez: I second.
Vice Chairman Gort: Moved Teele. Second, Sanchez.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-76
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING THE ESTABLISHMENT OF A
PRE - QUALIFIED BIDDER'S LIST COMPRISED OF SEVEN (7)
QUALIFIED PROPOSERS, AS LISTED ON EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AGREEMENT (S) IN SUBSTANTIALLY THE
ATTACHED FORM, WITH EACH OF THE APPRAISERS, TO
PROVIDE APPRAISAL CONSULTING SERVICES, ON AN AS -
NEEDED, ROTATIONAL BASIS, FOR ONE (1) YEAR WITH
THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE
YEAR PERIODS, FOR THE OFFICE OF ASSET MANAGEMENT,
AT A TOTAL ANNUAL AMOUNT NOT TO EXCEED $75,000,
SUBJECT TO AVAILABILITY OF FUNDS FOR SUCCEEDING
FISCAL YEARS; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NUMBER 810101-270.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
January 27, 2000 43
Vice Chairman Gort: OK. Item 10, Network Backbone Maintenance Agreement.
Mr. Aldo Stancato (Interim Director, Information Technology): Accepting a bid.
Commissioner Teele: Is this the Unisys deal?
Mr. Stancato: Yes, sir.
Commissioner Teele: They were the only bidder, right?
Mr. Stancato: Correct, they were the only bidder. We bid that out twice, and they
came back twice.
Commissioner Winton: Second.
Commissioner Teele: So moved.
Commissioner Winton: Second.
Commissioner Sanchez: Discussion.
Vice Chairman Gort: Moved and second. Discussion.
Commissioner Sanchez: I just want to make sure that there is some type of language
established and restrictions, penalties for non performance on that contract.
Mr. Stancato: There is. We have penalties that, if the items are not repaired within a
24-hour period, there is a thousand dollar ($1,000). a day penalty. They have to
respond within two hours; be on site within four, and repair it within twenty-four.
Commissioner Sanchez: OK.
Vice Chairman Gort: No wonder they have one responding. It's been moved, second.
All in favor state by saying aye.
The Commission (Collectively): "Aye."
January 27, 2000 44
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-77
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF UNISYS CORPORATION, FOR THE PROCUREMENT OF
NETWORK BACKBONE MAINTENANCE SERVICES, FOR THE
DEPARTMENT OF INFORMATION TECHNOLOGY, PURSUANT TO
INVITATIONS FOR BID NO. 99-00-075R, FOR AN INITIAL PERIOD OF TWO
(2) YEARS, COMMENCING FEBRUARY 1, 2000, WITH THE OPTION TO
RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, IN AN
ANNUAL AMOUNT NOT TO EXCEED $330,073 PER YEAR; ALLOCATING
FUNDS THEREFOR FROM GENERAL FUND, ACCOUNT CODE NUMBER
001000.460101.5.670.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado.
Commissioner Sanchez: Mr. Vice Chair, if I may? You know, this is a department
that has worked very hard. I mean, they -- with the Y2K, the department has basically
met all their deadlines and all their goals. The NET (Neighborhood Enhancement
Team) offices are up and running. They are up to par. You know, it often goes
unnoticed and we've often made the statement here that "information is priceless." I
just want to commend you and your department for doing such a wonderful job, and
we have come a long way in the technology field or the improvements on the
technology site here in the City of Miami.
Mr. Donald Warshaw (City Manager): And I like to just -- if I can add -- yesterday at
the City Award ceremonies, some of their employees received special awards for the
work they've done over the holidays to upgrade the computers without disruption.
Vice Chairman Gort: Well, one of the things we want to do is the -- I requested some
information from him so we can properly recognize the department. This is something
I'd. like to do also in the future. Those departments that go beyond the call of duty
should be recognized in here. Thank you.
January 27, 2000 45
Vice Chairman Gort: One more item, which is the parks. Is an easy item. It's
Allocation of funding to finish some of the parks.
Mr. Albert Ruder (Director, Parks & Recreation): Safe Neighborhood, yeah.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Is there any discussion? Being none, all in favor state by saying
aye.
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-78
A RESOLUTION OF THE CITY OF MIAMI COMMISSION,
AUTHORIZING THE AMOUNT OF $2, 862, 950 IN
APPLICATIONS FOR SPECIFIED PROJECTS TO MIAMI-DADE
COUNTY AS DESIGNATED HEREIN FOR THE SAFE
NEIGHBORHOOD PARKS BOND PROGRAM, BOND SERIES
1999, YEAR THREE FUNDING; FURTHER AUTHORIZING THE
CITY MANAGER TO ACCEPT SAID GRANT AWARD AND
EXECUTE THE NECESSARY DOCUMENT (S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT
ACCEPTANCE OF SAID GRANTS; FURTHER PURSUANT TO
THE PROVISIONS OF THE SAFE NEIGHBORHOOD PARKS
ORDINANCE, AUTHORIZING THE PAYMENT OF (1)
SUPPLEMENTAL FUNDS REQUIRED TO COMPLETE SAID
PROJECTS IF THE COSTS OF SAID PROJECTS EXCEED THE
GRANT ALLOCATION; AND (2) FUNDS TO OPERATE,
MAINTAIN AND PROVIDE PROGRAMMING AT EACH
PROJECT UPON ITS COMPLETION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
January 27, 2000 46
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Thank you.
Vice Chairman Gort: What time you guys want to be back, two thirty or three?
Commissioner Sanchez: Two, two.
Commissioner Teele: Three
Vice Chairman Gort: Three.
Commissioner Teele: I have an MPO (Metropolitan Planning Organization) meeting.
Commissioner Sanchez: All right, three.
Mr. Donald Warshaw (City Manager): We've got a short agenda. What time?
Commissioner Teele: Two o'clock. So, I mean -- you know, 3:00 is a better time for
me.
Commissioner Sanchez: You see the things I do for you.
Commissioner Teele: Mr. Chairman, before you adjourn, the Manager has circulated
the surcharge thing. I agree with everything Commissioner Winton just said, but,
Commissioner, the one thing that is important is that we put into resolutions or
ordinances a lot of the words that we say, and I would hope that if you would
consider, before that million dollars gets into the HOPWA (Housing Opportunities for
Persons Living with AIDS), that you would consider some legislation that would pull
out the -- today -- I mean, I would -- I think that should be an initiative that comes
from that end of the dais , the DDA (Downtown Development Authority), et cetera,
,but I think it's very important -- I think there is --
Commissioner Winton: Thank you very much. That's a great suggestion and we will
follow through on that. Thank you.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:03 PM AND
January 27, 2000 47
RECONVENED AT 3:09 PM, WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPT
COMMISSIONER TEELE AND COMMISSIONER WINTON, FOUND TO BE PRESENT.
Vice Chairman Gort: Where is everybody?
Commissioner Sanchez: Mr. Vice Chair, just to inform you, Commissioner Teele is
still at the MPO (Metropolitan Planning Organization) meeting. We could go ahead
and proceed, if you would like.
Vice Chairman Gort: The next item is item 12, if we see any one item that we think
could be -- (inaudible).
Commissioner Winton: (Inaudible).
Vice Chairman Gort: Yeah, you can read it. Read it. It's good for you.
Commissioner Winton: I did. No, I didn't. I saw the heading just now.
Vice Chairman Gort: Read the whole thing. This is a recommendation for resolution
accepting the bid number 99-00-031. OEM (Original Equipment Manufacturer) parts
and repairs for various City vehicles. Yes.
Mr. Donald Warshaw (City Manager): We're on item 12? Item 12?
Vice Chairman Gort: Yes.
Mr. Dean De Jong (Acting Director, GSA): Item 12 - Dean De Jong, Acting Director,
General Service Administration. Item 12 is brought for you for the acceptance of bids
for OEM (Original Equipment Manufacturer) parts and outside repairs. This is
specifically need for a contractor, four hundred and fifty thousand dollars ($450,000)
to be able to do that.
Mr. Donald Warshaw (City Manager): And this is for the City's light fleet.
Mr. De Jong: Light fleet.
Mr. Donald Warshaw (City Manager):, And this item, I think was deferred or pulled
from a previous meeting.
Vice Chairman Gort: Who is the one who pulled this -- deferred this item?
Commissioner Regalado: I did.
Vice Chairman Gort: OK, Commissioner. Any specific reasons? Did you have any
questions or were the questions answered?
January 27, 2000 48
Commissioner Regalado: Sorry?
Vice Chairman Gort: Did you have any specific -- I don't recall right now the specific
reason why you deferred the item.
Commissioner Regalado: No, no, no. We got answers to --
Vice Chairman Gort: You got your answer. Mr. Cox.
Mr. Cox (President, General Employees): What I'd like to do is take a different
perspective from the Manager's memo to you. I brought the issue before by stating
that, in the budget, they have over five hundred thousand dollars ($500,000) to go
outside and only five thousand dollars ($5,000) for overtime. So, if you look at the
Manager's memo, my memo is behind it, and what I did is took the 326 transactions
with five car dealerships from October 1998 through September of 99, and I did a
comparison on labor only. Under his part on cost of parts and labor, if you take the
eighty-eight thousand eight hundred and thirty-six dollars ($88,836) and divide it by
the number of cars, you come up with two hundred and seventy-two dollars and fifty
cents ($272.50) per car on labor. If you subtract out the 97 transmissions and
changing out of 28 car engines, you're going to come up with two hundred and thirty-
five dollars and seventy-five cents ($235.75) per car. In his memo he said, "our
mechanics fix nine thousand five hundred vehicles." I've listed the salaries of last
year of our mechanics. We had 29, at a total of nine thousand -- nine hundred and
fifty-seven thousand seven six one five seven. We add two auto mechanics
supervisors at eighty-six thousand four hundred and ninety-seven, we add two auto
mechanic helpers, forty-seven thousand eighty-two dollars and five cents
($47,082.05); one auto service rider at forty-one thousand nine ninety forty-two; one
auto body worker/painter at forty-three thousand nine sixty-eight, and you have a
grand total of one seven seven two ninety-nine. If you divide that by the number of
cars that we fixed, you're going to come up with a hundred and twenty-three dollars
and ninety-two cents ($123.92) per car. What I also did is, because in his memo he
mentions that last year we spent forty-eight thousand dollars ($48,000) on over time,
so what I did is, I added the forty-eight thousand and then redivided it and you come
up with the higher figure of one twenty-eight ninety-nine. And all of you that's been
here a while know how many times I've come before the Commission and talked about
the selling the property our shops used to be on, and it's going to come back to haunt
us. Well, now it's come back to haunt us. Even by this memo that go and tell you that
some of the reasons why they are having to privatize it is because we no longer have
access for people to do the jobs, and you can't leave the car sitting. Well, we started
out selling Parks Operation Building and then they were crammed into property
maintenance. The motor pool was next. Then they went to the heavy equipment
garage at GSA (General Services Administration). So, in other words, the heavy
equipment garage got cut in half, half going to the motor pool and half to the heavy
equipment side, where before it was all heavy equipment there. Next was Public
Works Building. Now, they are in the sanitation building sharing that with sanitation.
Then next was the communications. Now, communications is in using garage space in
the GSA heavy equipment building. So, there are some of your reasons why they can't
-- they don't have the bins that they used to when we had our own motor pool. And
now they are -- there was talk before when I came before you about getting rid of
property maintenance. So, then, where are you going to put property maintenance
January 27, 2000 49
and, now, Parks that's in.there with them? And I totally disagree that we can send
cars out and fix them cheaper than we can in-house. We used to do our transmissions
in-house, and we had one man that did that, and he always kept eight to ten
transmissions ready to go at all times. As you could see in my comparison, I put the
salaries because they mentioned that if employees are off for holidays, scheduled
vacation, illness and injuries, but what I did is, I compared all those hours. In other
words, my numbers are based on total salaries for the year, whether you're out sick,
you get paid or not. So, I didn't deduct how many hours are used to do this. In the
last paragraph, he puts that; "Management must consider cost-efficient and time -
efficient method available." In conclusion, what I'm asking the management, not to be
so haste City to send out the cars to the dealerships, even if it takes more weekends,
holidays, weekends working. Employees should be commended for fighting for their
jobs, and not sending them out. And that's what I wanted to point out to you by using
their memo.
Vice Chairman Gort: Thank you, Charlie.
Mr. Donald Warshaw (City Manager): Commissioners, couple things. I have some
firsthand knowledge of this, going back to the years I was the Police Chief, when the
Police Department took over the operation, the motor pool. I mean, Charlie is God
love him. I mean, he's the greatest advocate for his people, and I tremendously
respect that, and we want to work to ensure that City employees get the bulk of this
work. He's correct. Previously, that piece of property was sold and the motor pool
had to be consolidated. There were cut backs of people and there were a whole lot of
things that happened then. I am telling you now that I am committed to ensure you
that we do as much work as we can in-house, but we need to have this latitude to go to
the outside to repair particularly major repairs, transmissions, major body work, but
all that being said -- I mean, I have the greatest respect for what Charlie Cox is
saying, and I want City employees to get this work. The problem is, we experienced,
over a period of years, a tremendous number of backlog of cars not being repaired,
and it was no one's fault. It was -- truly, it was just poor management. We had
hundreds of cars on the line, police cars and others, and we started to initiate a
change, and part of the change was to do some out sourcing. I can tell you -- and I've
spoken to Dean and to Raul, were committed to keep a balance with the understanding
that the work will go to City employees, but management needs to have this latitude to
go to the outside. We have a lot of work.
Vice Chairman Gort: Let me ask a question. Those figures we have here, the four
hundred and fifty thousand dollars ($450,000), how much is parts and how much is
labor?
Mr. De Jong: Based on the study that I did before, it's about 22 percent labor; about
78 percent on parts.
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: Charlie, just a question for you pertaining to the statements
you made. By the City sending out work to be done outside, do you for certain know
that people have been cut back on work or the City has basically cut down its force
at...
January 27, 2000 50
Mr. Cox: As a matter of fact, we've hired more mechanics recently. No, I'm not
saying that. But what I am saying is...
Commissioner Sanchez: You've hired more mechanics? But -- hold on, hold on. This
is what I'm going to try -- what I'm trying to get to.
Mr. Cox: OK.
Commissioner Sanchez: We not long ago spent almost four million dollars
($4,000,000) on new vehicles, and, of course, those vehicles come with warranty and
those do not fall in this process. However, the vehicles that we have today -- and
when you look at just vehicles, you can't talk about vehicles because we have
everything from heavy equipment all the way down to lawn mowers. Of all the
equipment that we need to have to provide adequate service to our constituents and the
voters of Miami and the residents of Miami. However, what I want to get the message
across is, if we take -- if we somehow take the money or funds that is going out and
the people that are working there, we come to an agreement with the administration --
that's basically what they are saying. That's what I want to get to is, that you will
have -- where they will apply all the resources to try to keep as much work as they can
inside the City and not put them out. Would you be content to that?
Mr. Cox: I'm absolutely happy with that. That's all I wanted to begin with. I mean,
don't come back to me and tell me that we're going to put five hundred thousand
dollars ($500,000) into outside parts and spend forty-eight thousand on overtime. I
don't want the people to be burned out. I don't want them to be forced every weekend.
But you know what? If there are thirty cars, too many out there on that line, give the
guys an opportunity to come in on a weekend, bust their buts, and try and get the
thirty cars out instead of sending them, to the dealership, not even know what they are
doing. That's all I'm asking for.
Mr. Donald Warshaw (City Manager): And we don't have a problem with that.
Mr. Cox: And they get nervous when they start seeing their work going out, which is
justifiable.
Commissioner Sanchez: So moved.
Vice Chairman Gort: Sure. Charlie, let me ask you a question, and this is something -
- when we sold the properties that we sold, we made a commitment that we were going
to expand the garage and then we got into the deficit and all that. We never did that.
I think it's something that we need to continue to look into. We need to improve those
garages so the service can be provided.
Mr. Donald Warshaw (City Manager): We are.
Vice Chairman Gort: Now, you said 78 percent. It gives the -- 78 percent is used for
parts. In your calculations, Charlie, when you did your figures, and the one point
million dollars ($1,000,000), you're only talking about salary. Parts and -- that's
salaries and parts?
Mr. Cox: No, no. Straight labor costs. Salaries.
January 27, 2000 51
Vice Chairman Gort: Straight labor costs.
Mr. Cox: Right. Not -- I didn't address the...
Vice Chairman Gort: OK. Now -- OK. On this figure that we're going to do today,
we're talking about four hundred and fifty thousand, where 78 percent of it goes to
parts, my understanding, and 22 percent goes to -- OK? And we have a commitment,
and I think this is something that we requested, the most work that can do -- be done
by the citizen -- by our people, it should be done, and I think they understand that.
Mr. Cox: Thank you.
Vice Chairman Gort: Thank you, Charlie.
Commissioner Sanchez: And, once again, Charlie, you ought to be commended for
sticking up for your people. I admire that in you.
Commissioner Winton: Mr. Chairman, actually, I see this a little differently. Charlie,
I think that your analysis that you've done, if this is apple to apples analysis, where
you did the cost -- the labor costs per car, that's the kind of analysis that we always
need to look at that gives us a much easier road map for making a decision. Now, I
don't have enough data here to know whether or not the tests on this labor cost per car
from the dealers and your calculations, whether those are really apples to apples, but
if they are, you know -- but we need to look at that kind of information. So, I'm
hoping that, in if future, that both the administrative staff and your folks can get
together and do those kind of in depth analysis, where we have agreement on what the
base line is, and look at this data absolutely, objectively, so that we can make the
right decisions all the way around. So, I appreciate the data analysis you did there.
Mr. Cox: Thank you.
Vice Chairman Gort: At one time we used to have -- and I think we should go back to
it -- the administrations and the unions would work together as a team. I mean we
came out of the deficit because we worked as a team, and we continue to do so. I
think the union, as much as the employees would like to see the City to continue to
prosper. We need to continue to do so. Now, according to the figures that I have, out
of this money, three hundred and fifty-one thousand go to parts. So, the rest is just in
the labor. Thank you, Charlie. Appreciate it. There is a motion. Is there a second?
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Yes, Commissioner. Regalado.
Commissioner Regalado: One thing that I think we should ask the administration or
request or direct is that a certain percent -- and I'm sure that they have the capability
of deciding what kind of percent you do in-house and you do outside. Maybe major
work, transmission or change of an engine. If you say here, well, you know, it's going
to take a lot of space. But I would suggest that no more than twenty percent of all the
labor will be done outside, and I would -- since it's close to 22 percent of the figure
that you're doing with this item, I would like to amend this resolution so, in the
January 27, 2000 52
future, you will guide your decisions by an 80/20 percent of labor done -- 80 percent
in-house, 20 percent outside. That would be a friendly amendment to this.
Vice Chairman Gort: Does the maker of the motion accept the amendment?
Commissioner Sanchez: I do not support the amendment. I'll tell you why. One of
the concerns that Charlie had was, you know, overworking his people. If we're going
to apply that, I don't think that they'll be able to handle that much work going to them.
That means the City would have to hire more people and, in some times, you want to
flex out the balance, where we want to make sure that our employees have work to do,
but if we have to hire more people, it means more expenses for the City. So,
sometimes you have to compare both services and see which one is more reasonable.
And here we have an opportunity to provide work for our employees and maybe go
outside and provide work for some of these companies that I may feel that, through
the numbers, may come out cheaper.
Commissioner Regalado:. Yeah. But the thing, Joe, is that they have hired more
people and that's -- that is the issue. They have hired more mechanics. They have
now 29. or 26. And since this ratio is 22 percent, I don't think it's a lot to ask for a
20/80 percent ratio.
Commissioner Winton: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Winton: I'm sorry, Commissioner Regalado, but I, too, disagree
because I think that setting up that kind of standard puts this Commission in the
position of micro managing what we have a management staff to do, and takes us out
of the policy realm, and, so, I'm very uncomfortable taking the flexibility out of the
hands of the Manager and labor, for that matter, in accomplishing primary objectives.
So, I don't like the idea of fixed percentages at all.
Commissioner Regalado: I don't -- you know, I don't have -- my motive is not to
micromanage or to -- does not give flexibility to the administration. But we are
responding to the needs of the City employees and this ratio, 22 percent outside labor,
I would think that every time that we approve an item with a lot of money, you know,
it's more or less the ratio 22...
Vice Chairman Gort: Charlie, wait a minute.
Commissioner Regalado: The danger is that it goes over 25, 30 percent, and then you
will have people nervous because of -- they see more and work being taken outside of
the City garage.
Vice Chairman Gort: Commissioner, my understanding, the maker of the motion will
not accept and the seconder of the motion will not accept the amendment, so we have
to move on this. And I understand what you're saying. And we have instructed -- and
I think something was stated here today that, whenever we instruct something to the
administration, we have to be more specific so the same thing that happened a little
while ago with the business people that came in front of us, it will not happen again.
The instruction to the administration by us, before you make any of those contracts,
January 27, 2000 53
before you go out, sit down with the union, sit down with the employees and make
sure that we can work it out.
Commissioner Sanchez: And I agree with that. Because my fear is that we would
send them more work and they would not have the resources to provide that service.
They don't have the facility; from what I've gathered from these documents, and the
thing is that they are going to create a backdrop of a lot of work that's not going to be
done and, then, you know, they won't have cars out on the street. So, that's a concern
that I have. And I think it'sa great idea for maybe the administration to sit down with
Charlie and see what they can come out with and recommend something to this
Commission.
Vice Chairman Gort: Charlie, you know what I'd like to do, if possible, that same
tabulation that you did with the , hours, would you go ahead and do the same thing,
including the parts, the cost of the parts? OK? Thank you, sir. Appreciate it. OK.
All in favor state by saying aye.
Mr. Walter Foeman (City Clerk): Mr. Vice Chairman, we need a seconder, sir.
Vice Chairman Gort: It was made by Sanchez and second by Winton.
Commissioner Sanchez: I don't -- but the amendment. No amendment.
Vice Chairman Gort: No. The amendment was not accepted.
Commissioner Regalado: No, without the amendment.
Commissioner Sanchez: No amendment. OK.
Vice Chairman Gort`. OK? All in favor state by saying aye.
The Commission (Collecti-vely): "Aye."
January 27, 2000 54
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-79
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING BIDS RECEIVED PURSUANT
TO BID 99-00-031R FROM TWELVE VENDORS AS LISTED ON
EXHIBIT "A", FOR THE FURNISHING OF OEM PARTS AND
REPAIR OF VEHICLES AND MOTOR CYCLES, AND
PROVIDING FOR THE AWARD OF ADDITIONAL VENDORS
WHICH MAY BE ADDED TO THE LIST AT ANY TIME, AT THE
SOLE DISCRETION OF THE CITY, FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, ON AN AS -NEEDED
CONTRACT BASIS, FOR A ONE (1) YEAR PERIOD WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1)
YEAR PERIODS, AT A TOTAL PROPOSED ANNUAL AMOUNT '
NOT TO EXCEED $450,000; ALLOCATING FUNDS THEREFOR
FROM FY 1999 - 2000 GENERAL SERVICES
ADMINISTRATION,. LIGHT FLEET DIVISION, ACCOUNT
CODE 503001.420905.6.670.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: Thirteen, (inaudible) recommendation resolution to accept RFQ
(Request for Qualification) 90-037, out of body repair and painting services. This is
an RFQ. In other words, this is a request for ...
Commissioner Sanchez: Qualifications.
Vice Chairman Gort: ...qualification. My understanding, they have calls from Capital
-- local people they are with organizations that would like to participate. If they send
January 27, 2000 55
0 . 0
in the list, they can participate on that also. OK?
Mr. Donald Warshaw (City Manager): That's why we brought it back, to allow for
more...
Commissioner Sanchez: Great.
Mr. Dean De Jong (Acting Director, GSA): That's why we brought it -- it's been
rebid.
Vice Chairman Gort: And this goes back to the same thing again. Before we do any
other things with contracts, let's make sure we sit 'down with the unions and
employees and see whatever we can do in-house and what the savings will be. Any
motion?
Commissioner Sanchez: Moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Moved and second. Discussion?
Commissioner Sanchez: Just one. I would really ask the administration to focus on
local body shops. We have plenty in our community that are interested in working,
once again.
Mr. Donald Warshaw (City Manager): And, Commissioner, we will, and that's why we
brought it back. We increased the number of local vendors.
Ms. Judy Carter (Director, Purchasing)
are local vendors.
Commissioner Sanchez: Thank you.
Vice Chairman Gort: Right. Thank you.
Sir, all of them-- excuse me. All of them
Mr. Donald Warshaw (City Manager): Even better.
Vice Chairman Gort: OK. It's been moved and second.
discussion? Being none, all in favor state by saying aye.
The Commission (Collectively): "Aye."
January 27, 2000
Is there any further
56
•
The following resolution was introduced by Commissioner Sanchez who moved its adoption:
RESOLUTION NO. 00-80
A RESOLUTION, WITH ATTACHMENT, APPROVING THE
ESTABLISHMENT OF A QUALIFIED BIDDER'S LIST
COMPRISED OF NINE (9) PRE -QUALIFIED VENDORS, AS
LISTED ON EXHIBIT "A", ATTACHED HERETO AND MADE A
PART HEREOF, FOR THE PROVISION OF AUTO BODY
REPAIRS AND PAINTING SERVICES OF CITY VEHICLES,
AND ALLOWING THE CITY TO RESERVE THE RIGHT TO
INCREASE THE NUMBER OF PRE -QUALIFIED VENDORS FOR
EACH GROUP AT ANY TIME AS IT DEEMS IN THE BEST
INTEREST, ON AN AS -NEEDED, CONTRACT BASIS, AT A
TOTAL ANNUAL AMOUNT NOT TO EXCEED $800,000, FOR
ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE-YEAR PERIODS, FOR THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION,, FLEET
MANAGEMENT DIVISION, SUBJECT TO AVAILABILITY OF
FUNDS FOR SUCCEEDING FISCAL YEARS; ALLOCATING
FUNDS THEREFOR FROM FY 1999-2000 GENERAL SERVICES
ADMINISTRATION, LIGHT FLEET DIVISION, ACCOUNT
CODE NO. 503001.420905.6.670 ($700,000); AND HEAVY
FLEET DIVISION, ACCOUNT CODE NO. 509000.420901.6.670
($100,000).
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: Thank you.
January 27, 2000 57
Vice Chairman Gort: Thank you. Item 14, resolution rectifying City Manager's action.
Extension for the purchase of OEM parts and repair services.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-81
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, AND APPROVING THE
PROCUREMENT OF ORIGINAL EQUIPMENT MANUFACTURES
("OEM") PARTS AND REPAIR SERVICES FOR THE LIGHT
FLEET SERVICE CENTER, FROM EXISTING VENDORS AT
THE CONTRACT TERMS, CONDITIONS AND PRICING UNDER
BID NUMBER 95-96-105, FOR A PERIOD OF THREE MONTHS,
FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, IN AN AMOUNT NOT TO EXCEED
$128,000; ALLOCATING FUNDS FROM THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, FY `99-00 GENERAL
OPERATING BUDGET, ACCOUNT CODE NUMBER
5 03 001.420905.6.670.
(Here follows body of resolution, omitted here and on file in the Office,of the City Clerk.)
January 27, 2000 58
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: Thank you.
Vice Chairman Gort: Item 15, amendment number 1 to an existing agreement between
the City of Miami and NAPA Auto Parts. This is an increase in an amount not to
exceed a hundred and twenty-five thousand dollars ($125,000) for the contract of one
point five thirty—five, thirty- six point five zero to one point six four eight, two
thirty- six point five zero. It's an extension of -- an addition of hundred and twenty-
five thousand dollars ($125,000) to an existing contract.
Commissioner Sanchez: And this, once again, is for parts for everything that we
have?
Mr. Dean De Jong (Acting Director, GSA): These are our internal work parts. And,
just as a point of clarification, the hundred and twenty-five thousand is to extend the
existing for the second year of the contract. We are, in fact, asking for more money,
six hundred and --
Vice Chairman Gort: What we're saying, we spent in parts. For it -- to be (inaudible)
done within the City of Miami.
Mr. De Jong: Correct.
Vice Chairman Gort: One six forty -eight. OK.
Commissioner Sanchez: So moved.
Vice Chairman Gort: Thank you: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor state by saying aye.
January 27, 2000 59
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-82
A RESOLUTION OF THE..,MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO AN EXISTING AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
GENUINE PARTS COMPANY D/B/A NAPA AUTO PARTS, FOR
THE PROVISION OF IN-HOUSE PARTS OPERATIONS
PARTNERSHIP FOR THE DEPARTMENTS OF FIRE -RESCUE
AND GENERAL SERVICES ADMINISTRATION TO PROVIDE
INCREASES IN THE CONTRACT AS FOLLOWS: (.1) FROM
$1;523,236.50 TO $1,648,236.50, FOR AN AMOUNT NOT -TO
EXCEED $125,000, FOR THE CONTRACT YEAR BEGINNING
MARCH 5, 1999; (2) AN AMOUNT NOT TO EXCEED $617,000,
FOR THE CONTRACT YEAR BEGINNING MARCH 5, 2000;
ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION ACCOUNT NOS
503001.420905 AND 509000.420901, AND , FIRE RESCUE
ACCOUNT NUMBER 001000.280701.
(Here follows body of resolution, omitted here and on file In the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr..
Vice Chairman Gort: Item 16.
Commissioner Sanchez: So moved.
Commissioner Winton: Second.
January 27, 2000
We
Vice Chairman Gort: Rescinding contract. Wait a minute. Before we go on, Ms.
Carter, this is a contract, that. was awarded to a vendor, which vendor went through
the process for an RFP (Request .for Proposal), and, then after he responded to the
RFP and he came out with the lowest figure, then you realized that he was not able to
perform. Somehow, I'd like to have. a penalty being built into our contracts. In my
business, when I submit a bid, I have to put a check -- large amount of check, and if I
don't comply, I lose that money. So, can we have a deposit in this -- according to the
amount of the business, there is a percentage to make sure that, if they don't comply,
they are penalized?
Ms. Judy Carter (Director, Purchasing).: This is a little different situation
Mr. Walter Foeman (City Clerk): Yeah. This is a kind of a different scenario, Mr.
Vice Chairman. They did comply .in terms of providing us with certain data, but after
the approval, they were told that they -- they were informed -- informed us that they
provided information based on certain industry standards, that we were unaware of.
Vice Chairman Gort: Correct. And they were not able to do that.
Mr. Foeman: Right
Vice Chairman Gort: But I want to -- that this is brought up. I want to make sure that,
in future contracts that is put into a penalty for non-compliance.
Ms. Carter: Yes, sir.
Vice Chairman Gort: Thank you. It's been moved and second. Any discussion? All in
favor state by saying aye. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-83
A RESOLUTION OF THE MIAMI CITY COMMISSION
RESCINDING RESOLUTION NUMBER 99-889 WHICH
AUTHORIZED THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH MATZ
TRAKTMAN, FELDMAN &WILDNER COURT REPORTERS TO
PROVIDE COURT REPORTING SERVICES TO THE OFFICE OF
THE CITY CLERK FOR FISCAL YEAR 1999-2000, IN AN
AMOUNT NOT TO EXCEED, $27,360; FURTHER REINSTATING
SAID FUNDS INTO ACCOUNT CODE 022301.220106-270.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
January 27, 2000 61
Upon being seconded by Commissioner Winton, the motion.was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: Procurement Protective -- item 17, procurement protective
quality in Department of Fire- Rescue.
Commissioner Sanchez: So moved.
Vice Chairman Gort: Now, according to what I read, this is gloves only or the whole -
Mr. Carlos Gimenez (Chief of Police): This is the whole ensemble.
Vice Chairman Gort: The whole -- OK. Because the way it was written here, it sounds
like it was just the gloves.
Commissioner Winton: Second.
Mr. Gimenez: It's the coat and the trousers, sir.
Vice Chairman Gort: OK, great. Any discussion? Being none. All in favor state by
saying "aye."
The Commission (Collectively): "Aye."
January 27, 2000 62
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-84
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE 'PROCUREMENT OF 100 SETS OF GLOBE
.GX7 FIREFIGHTER PROTECTIVE. CLOTHING FROM BENNET
FIRE PRODUCTS CO., . INC. USING BROWARD COUNTY
CONTRACT NO. J8FR1024, EFFECTIVE THROUGH JULY 14,
2000, FOR THE DEPARTMENT OF FIRE- RESCUE, IN AN
AMOUNT NOT TO EXCEED $92,701; ALLOCATING FUNDS
THEREFOR FROM THE FIRE -RESCUE GENERAL FUND,
ACCOUNT NUMBER 001000.280601.6.075.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: Thank you. Item 18, rectifying, confirming the emergency rental
of water truck.
Mr. Donald Warshaw (City Manager): This is for emergency cleanup for special
events, and it exceeded the forty-five hundred dollar ($4500) cap. About five hundred
dollars ($500). So, it needs to come before you.
Commissioner Sanchez: It's ratifying. So moved
Commissioner Winton: Second.
Vice Chairman Gort: OK. It's been moved and second. It's moved and second.
Discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
January 27, 2000 63
•
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-85
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 BIDS, AND
APPROVING THE RENTAL OF A WATER TRUCK FROM
HERTZ EQUIPMENT RENTAL REQUIRED FOR CLEANUP
SERVICE FOR THE 1999 GOOMBAY FESTIVAL, FOR A TOTAL
AMOUNT OF $4,935, FOR THE DEPARTMENT OF SOLID
WASTE; ALLOCATING •FUNDS THEREFOR FROM ACCOUNT
CODE NUMBER 422001.320302.6.340.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Mr. Donald Warshaw (City Manager): Yes, sir.
Vice Chairman Gort: OK. _
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. .Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort; Discussion? Commissioner Winton.
64
January 27, 2000
Commissioner Winton: What are the land uses around the -- is this an existing facility
or an existing church or is it a planned church or what's going on here?
Mr. John Jackson (Acting Director, Public Works): This is an area up in the
Northwest that's being developed by the church. Just a minute. Just a minute.
Vice Chairman Gort: Where are we? This is an existing facility that's building there
or this is to be built? I think the applicants are here. They can probably come and --
Commissioner Winton: Plus, I want to know what the current land uses are around
whatever is there already because --
Vice Chairman Gort: We have anybody from Zoning here?
Commissioner Winton: Right. When we get into these whole kind of issues about
land use, it's important to understand what the 'surrounding uses are, and I've. been
over this several times: The problems we've created in our cities, in neighborhoods, is
that we've had single use projects that made some sense maybe for that particular
project but was in direct conflict with the residential neighborhoods surrounding it,
and literally, decreased the value of the residential properties, particularly those that
are joined whatever this new kind of facility is, whether it is an office building or
church or whatever the case may be. And those are the kinds of things that we have to
pay very careful attention to. The reason our neighborhoods are wrecked in the City
of Miami is because we've had lousy planning, lousy zoning, and non -existing code
enforcement for the past twenty years. I'm. not talking about what we've been doing
for the past two years, but I. do 'want to make sure, from this point on, that we're
looking at all of these things and we know what the impact of a different kind of use
in a residential neighborhood will be on the residential neighborhood.
Mr. Donald Warshaw (City Manager): We have the applicant here.
Vice Chairman Gort: My understanding -- I'll let the applicant -- but my
understanding, we look at. this plat, it's not a change of use. It's not a -- it's just
replatting a property. .It's not a change of use or a change of zoning, which in front of
US.
Mr. Donald Warshaw (City Manager): It's an existing building.
Vice Chairman Gort: OK. Yes, sir. Your name and address, please.
Mr. Hosea Butler, Jr.:, I'm Hosea Butler, Jr. I live at 6517 Northwest 20 and First
Terrace, and I'm a representative of the Church of the Open Door. We have an
existing facility that's .been there for forty years and what we're doing is improving
and expanding to provide additional services to that community in the form of a day
care type and elderly care and other activities that churches are normally involved in.
This property previously was in ten different lots that have now been combined with
this action here, and it's really an improvement.
Commissioner Winton: And we've looked to see that the fashion in which the
improvements are done don't decrease the value of any adjacent single-family homes,
which is a crucial issue. I mean, the services that you're talking about providing may
65
January 27, 2000
make a ton of sense for the neighborhood,. but the way we deliver those services has to
be compatible with the surrounding residential neighborhoods, or we wreck their
values, and that hurts long term.. Hurts your own values and your ability to provide
service.
Mr. Butler: I assure the Commissioners that this will be an improvement in that
community, and complies with the (inaudible) of this program in that area.
Commissioner Winton: Lourdes.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. The replat, which
is what before you today, doesn't automatically give him a right to the use. He's
going to have to come in now and get permits. The plans will be reviewed. After he
gets this, then he can apply for building permits for either a church expansion or the
day care use. Typically, in. residential districts, those require some kind of special
permit. So, we would be taking a look at it, making sure they do landscape buffers
and all of the appropriate improvements.
Commissioner Winton: Thank you very much. Appreciate your answers.
Vice Chairman Gort: Thank you. Do I have a motion?
Commissioner Sanchez: Move.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved. Is there a second? Further discussion? Being
none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-86
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, ACCEPTING THE PLAT ENTITLED CHURCH
OF THE .OPEN DOOR, A SUBDIVISION IN THE CITY OF
MIAMI, FLORIDA, 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.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
January 27, 2000 66
In
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Item 20. Resolution relating to the development of Wynwood
Tower Apartment Projects. Mr. Hepburn.
Mr. Jeff Hepburn (Assistant Director, Housing): Jeff Hepburn, Assistant Director for
Housing. This item is an amendment to a resolution that was adopted back in last
year, 98-1210, and, basically, what it does, it allows for the transfer of about a half a
million dollars ($500,000) in home funds from a private sector developer to Wynwood
-- to Greater Miami Neighborhoods. In addition, it corrects the address of the actual
development site, and also recognizes a change in one of the code developers, which
is affordable neighborhoods to Pinnacle Housing Group.
Vice Chairman Gort: It's your district. Yes, sir.
Mr. Hepburn: So, what we're doing here amending a resolution that was adopted last
year.
Vice Chairman Gbrt: OK. What's the wish of this board?
Commissioner Sanchez: It's your district.
Commissioner Winton: Well, I'll -- no; it's in mine, I think. I will move it.
Commissioner Sanchez: Second.
January 27, 2000 67
0
•
Vice Chairman Gort: It's been moved. Second. Discussion?
Commissioner Winton: Yes.
Vice Chairman Gort: Under discussion.
Commissioner Winton: I don't remember -- and if you said it was introduced late Iasi
year, that means I was probably here, but I'm -- my apologies. Obviously, I didn't
catch all these parts, but what --
Mr. Hepburn: Let me correct that. It was in 1998. December '98.
Mr. Hepburn: Let me correct that. It was in '98. December '98.
Commissioner Winton: Oh, OK. So, what is this,project, by.the way? It's a high-rise
development or --
Mr. Hepburn: It's a high-rise development. It's 186 units of rental housing, planned
in the Wynwood area.
Commissioner Winton: How tall?
Mr. Hepburn: I think it's about 14 stories.
Commissioner Winton: This is not necessarily a view of ,all of my fellows
Commissioners, but I hope that we can have a policy debate about this issue in the
not -too -distant future because, from a personal standpoint, I am, accept in an area like
downtown, in a real major condensed urban area, where there is only high-rise
buildings, I am personally, totally opposed to the development of high-rise afford
affordable housing. All across the United States high-rise affordable housing is
getting torn down because it's been a failure. Whatrebuilds neighborhoods and
provides great futures for our low- income citizens is this ability to own single family
homes, and that isn't to say that everybody going to get into homeownership because
we do have to have quality rental- housing in our communities also. But quality rental
housing isn't necessarily high-rise either, and this doesn't happen to be in a location,
as far as Fin concerned, that warrants high-rise, low-income development. Now, it's
too late for me to -- I wouldn't, in a million.years, stop a process that's this far along,
but I would like to put all of the development community on notice that, from my
standpoint, where I sit, I'm not in favor, except, under unique circumstances, the
development of high-rise, low income housing. I want single family, attached or
detached housing, affordable housing built in our neighborhood for our low- income
citizens so they have real ownership opportunities to rebuild our neighborhoods.
Vice Chairman Gort: Any further discussion? This is a resolution. All in favor state.
by saying "aye."
The Commission (Collectively): "Aye."
Vice Chairman Gort: No nays. Thank you.
January 27, 2000 68
0
n
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-87
A RESOLUTION OF THE MIAMI CITY COMMISSION
AMENDING RESOLUTION NUMBER 98-1210 TO AUTHORIZE
THE TRANSFER OF HOME PROGRAM FUNDS, IN THE
AMOUNT OF $500,000, PREVIOUSLY ALLOCATE TO
WYNWOOD TOWER APARTMENTS, LTD. TO GREATER
MIAMI NEIGHBORHOODS, INC. AND TO .CORRECT A
SCRIVENER'S ERROR TO REFLECT THE PROPER ADDRESS
OF SAID PROPERTY; ACKNOWLEDGING GREATER MIAMI
NEIGHBORHOODS, INC. INTENT TO LEND SUCH FUNDS TO
WYNWOOD TOWER APARTMENTS, LTD. AND FURTHER
ACKNOWLEDGING WYNWOOD TOWER APARTMENTS, LTD.
INTENT TO ENGAGE PINNANCALE HOUSING GROUP, INC.
(IN SUBSTITUTION FOR AFFORDABLE NEIGHBORHOODS,
INC.) FOR THE CONSTRUCTION AND DEVELOPMENT OF
THE PROPOSED 186 UNIT WYNWOOD TOWER APARTMENTS
PROJECT AT NORTHEAST 23RD. STREET AND .NORTHEAST
2ND AVENUE; MIAMI, FLORIDA; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT AND
ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: A resolution amending Resolution No. 99-702 to properly reflect
the name of the services provided being funded.. This is the -- go ahead.
Mr. Jeff Hepburn (Assistant Director, Housing): Yeah. This is the also an amendment
January 27, 2000 69
n
•
to a resolution that was adopted last year, '99. It basically awarded funding to certain
service providers under the HOPWA (Housing Opportunities for Persons Living with
AIDS) program. Their names were not reflected accurately in that particular
resolution, so we're here today to reflect their accurate correct name. There are five
of them.
Vice Chairman Gort: And the amounts have not changed.
Mr. Hepburn: The amounts of the funding levels have not changed.
Vice Chairman Gort: OK. All right.
Commissioner Teele: Scrivener's error.
Vice Chairman Gort: Do I have a motion?
Commissioner Sanchez: So moved.
Commissioner Teele: Second.
Vice Chairman Gort: It's moved and second? Any discussion? Being none, all in
favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-88
A RESOLUTION OF THE MIAMI CITY COMMISSION
AMENDING SECTION 2 OF RESOLUTION NO. 99-702,
ADOPTED SEPTEMBER 28, 1999, TO PROPERLY REFLECT
THE LEGAL NAMES OF THE SERVICE PROVIDERS
AWARDED FUNDING FROM THE FY 1998 HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA")
PROGRAM GRANT FOR THE PROVISION OF HOUSING
ASSISTANCE. AND HOUSING RELATED SERVICES TO LOW
INCOME PERSONS LIVING WITH HIV/AIDS THROUGHOUT
THE GEOGRAPHIC AREA OF MIAMI-DADE COUNTY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
January 27, 2000 70
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES. Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Item 22., resolution allocating fifty thousand dollars ($50,000)
from FY98/99 HOPWA (Housing Opportunities for Persons Living with AIDS) funds
to Miami -Dade Housing Agency.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved: Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
January 27, 2000 71
0
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-89
A RESOLUTION OF THE MIAMI CITY COMMISSION,
AUTHORIZING AND ALLOCATING FUNDS, IN THE AMOUNT
OF $50,000 TO THE MIAMI- DADE .HOUSING AGENCY, THE
SERVICE PROVIDER, FOR THE PROVISION OF HOUSING
QUALITY STANDARDS INSPECTIONS FOR HOUSING UNITS
SUBSIDIZED UNDER THE HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS ("HOPWA") LONG-TERM AND SHORT-
TERM RENTAL/MORTGAGE HOUSING ASSISTANCE
PROGRAMS FOR LOW- INCOME PERSONS LIVING WITH
HIV/AIDS IN MIAMI-DADE COUNTY; ALLOCATING FUNDS
FROM FISCAL YEAR 1998-99 HOPWA PROGRAM GRANT
ACCOUNT' NUMBER 194006.590606.6860.94654, FOR THE
PROVISION OF SAID SERVICES; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO EFFECT SAID ALLOCATION AND
IMPLEMENTATION OF THE PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the motion was. passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Jeff, you've got them all here now.
Mr. Hepburn: Yes, I see that.
January 27, 2000 72
Vice Chairman Gort: Item 23. Resolution allocating seven hundred forty-two
thousand dollars ($742,000) in SHIP (State Housing Initiatives Partnership) program
funds to Little Haiti Housing Association and Habitat for Humanity.
Mr. Jeff Hepburn (Assistant Director, Housing): Basically, this is a resolution. Part
of the Five -Year Plan talks about homeowner ship housing. What we're trying to do
here is basically get some programs and some housing going in two neighborhoods,
Overtown and the Little Haiti, Edison - Little River area target area: There are two
projects here. One Habitat for Humanity plans to use those 'four hundred thousand
dollars ($400,000.0.0) strictly for land acquisition and they will come in with
volunteers to build :those units later. The other project is the Little Haiti Housing
Association, and basically there is a 19 -unit town house project that's planned up in
the Edison Little River .area. Those funds, likewise, for land acquisition and some
predevelopment activities.
Vice Chairman Gort: Both agencies have a real good track record. .
Commissioner Sanchez: What's the total amount of CDBG (Community Development
Block Grant) funds allocate to. SHIP?
Mr. Hepburn: SHIP is funding from the State of Florida. The City, on the average,
gets about a million four each year.
Commissioner Sanchez: A million four each year?
Mr. Hepburn: That's correct.
Commissioner Sanchez:. And we're going to give themselves hundred and forty-two
thousand right off ahe bat?
Mr. Hepburn: That's the recommendation.
Commissioner Sanchez: That's more than 50. percent. That's what, 68 percent, almost
70 percent?
Mr. Hepburn: That's correct. There was roughly, I think, one point four million
dollars ($1,400,000) put out through RFP (Request for Proposal) process.
Commissioner Sanchez: Are there any other projects that have applied for that or --
Mr. Hepburn: _There are other projects that we plan to come back during the month of
March with recommendations for projects that are ready to go, because the SHIP
January 27, 2000 73
program requires that the housing unit be developed and occupied within two years.
So, we're going to really take a hard look at those projects that are ready to go and
ready to be built and families are ready to move in within two years..
Commissioner Sanchez: I will not dispute the facts that we need housing in Little
Haiti. I don't think I will or any of the Commissioners here. But to give them more
than - almost 70 percent or 60 percent of the total funds that we have for that -- sand,
you know, correct me if I'm wrong -- might not be appropriate to do that, if other
programs have applied for the .process and they are waiting for funds.
Mr. Hepburn: Commissioner, there are other funding sources that we plan to fund,
some of the other brick.and mortar projects that are ready to .go. There is roughly
about - almost two point three million dollars ($2,300,000) in HOME funds that we
plan to come back in March with, along with the additional seven hundred thousand
dollars ($700,000) that's left in the SHIP allocation at this point and time.
Vice Chairman Gort: Jeff, I think the question would be does the allocation of these
funds will not stop any other project in any other neighborhood?
Mr. Hepburn: We're saying that those that are ready -- we want to see that. Those are
the ready move forward, and that we continue to make some funding available to those
that pre- development is the only stage ,that they are at, at this point in time. Because
several projects only -- you know, they need funds from other sources like Dade
County, from the State of Florida. So we want to fund those that have funding from
other sources, from the banks, that are ready to go at this point in time. Those are the
ones that we would like to push.
Vice Chairman Gort: Thank you. Any other questions?
Commissioner Teele: Is this a public hearing?
Vice Chairman Gort; The public hearing -- anybody in the public can speak, yes.
Mr. Hepburn: Yes.
Commissioner Teele: I want to understand, was this advertised as a public hearing?
Mr. Hepburn: It's my understanding under SHIP program, we're not required to
advertise as we are under the federal programs, HOME, HOPWA --
Commissioner Teele: I want to agree with one part of what Commissioner Sanchez
said. I think it's important that we try to ensure that dollars are distributed
throughout the community, but, I mean, in certain areas, we don't want to do -- we
don't want to do what Solomon proposed, which is to divide the baby and wind up
with nobody getting anything. If this is a program where dollars have to be spent,
they have to be spent. I would hope, Mr. Attorney, that we would develop a policy, as
a. Commission, that any time we're giving out money, especially federal dollars,
whether it's specifically required by the regulations or not, that it be noticed as a
public hearing, and that the dollars be - we have no -- I mean -- if we have no idea if
there is another organization somewhere in the world that would be ready to go -- and
if that had happened and then we had twenty people here saying, "Well; I've got funds
January 27, 2000 74
and they are ready to go " and you all had verified it, that would be a different thing.
So, I think, one way to cure this is, Mr. Attorney, for unto develop an ordinance that
requires -- with a lot of specificity -- I'd like to -- for that ordinance to show exactly
how -- examples of how -- because this thing keeps coming up. I'm never comfortable
awarding funds without a public hearing, and the way this City has traditionally done
it, is that the Commission would actually do it as pocket items, subject to a public
hearing. So, then, the .public hearing is a done deal, and I don't want to be. a part of
that either. I just think that the funding issue should be publicly noticed, the point
that Commissioner Sanchez is making that, if somebody else is in a similar situation,
and ready to go, then we can give that consideration. But the absence of anyone here
would suggest that this is an appropriate decision. So, I want to support it. But I
think we need to say this is the last time we're going to have any distribution of SHIP
funds, HOME funds. The same problem we got into that time when I brought out the
transcript before when we had awarded some money at the last minute and it was one
of those things -- and then we wind up realizing that no one ever had notice of it. So,
Mr. Attorney, can you prepare an ordinance for our signature that includes examples
as attachments of how the public notice will look? Because I think it's very, very
important. And it be done first reading, second reading, but we've got to bring more
order. And I agree with some of the points that Commissioner Winton is making.
Commissioner Sanchez: And if you can provide that for the next Commission
meeting, if time allows you. Because I think that, you know, although we represent
districts, we have an obligation to represent the City of Miami as a whole, and what
happens here is that we -- and I am not going to dispute the fact -- once again, I'll
state, Little Haiti needs housing. Just last year they got 12 houses that we went out
there, not only the City employees that went out there and assisted in building these
homes, but we need to look. at the whole City. And when you have other programs
that are in similar situations and they get the money, and then we start transferring
money, which is legal, because you could take the money from HOME or SHIP and
move it around as long as it's in guidelines, to .assist in doing these things. But it just
basically puts ,us in a situation where we have no standardization, which is the key
word when you're handing out money.
Vice Chairman Gort: Thank you. Mr. Cruz.
Mr. Mariano Cruz: Mariano Cruz, 1227 .Northwest 26th Street. I am not being
parochial that way, but I agree with the monies that are going to Little Haiti because
we need a Little Haiti spot on of the City of Miami, and whatever happens in one
place happens in the other place. But the only thing I am saying is for the SHIP, OK.
We have SHIP and we have HOPWA, all these kind of acronyms. But now what's
going on that most of the housing (inaudible) Allapattah is rental? The one on 1236
(inaudible) and now I learn the other day, by serendipity; the one at Bobby Maduro
Miami Stadium is 136 units. They don't say what. Well, how come? What about --
how come they don't use those -- and we have here an example of the housing from the
County. Twenty-one units, both up there on 12TH and 36TH. And, now, why don't
we go back to the plan that the City have, the affordable housing of the City, here
next to my house. I live at 1227, yet 1221. The (inaudible) convert itself into a
duplex. How come we don't continue those (inaudible) that were a success? Why?
Because they don't make money for developers? What you care about them? You've
got to care about us, residents. Look at this plan. Look at that beautiful house next to
me there. That was an empty lot full of garbage. But now they got -= now they've got
January 27, 2000 75
all these things. And going now about advertising. Don't tell me about advertising at
public hearings. These are the advertising for the Community Development hearings,
the CRA (Community Redevelopment Agency). You know what, they came out last
Sunday. I bet nobody -- you saw it. In "The Herald", in section eight, 24A, 21A.
How come? They couldn't (inaudible) at the neighbors, what the local news section.
My brother had to come -- I got to pull the paper out of the recycle bin to check that.
How come? What about -- advertise a public hearing. Well, is that because the
Community Development don't want to see me here, all the people at the meetings?
Vice Chairman Gort: You're going to be here anyway, so don't worry.
Mr. Cruz: No. Don't worry. I'll be here. I'll be here on Monday night, too, OK.
Vice Chairman Gort: Thank you.
Mr. Cruz: I'll reserve my time for later.
Vice Chairman Gort: Thank you, sir. Remember, you have to paint your house now.
Mr. Cruz: Right.
Vice Chairman Gort: OK. There is a motion, a second. Any further discussion?
Commissioner Teele: Mr. Chairman, unreadiness.
Vice Chairman Gort: Yes.
Commissioner Teele: Mr. Clerk, you know, -- and what's the guy's name who's
missing? Can we have the police to find out -- ,if they would release Boom -Boom? I
really miss him. Where is he? But I'm telling you, Mr. Chairman --
Commissioner Regalado: He's in Puerto Rico: He's not in jail.
Commissioner Teele: -- sometimes Mr. Boom -Boom and --
Vice Chairman Gort: They make a lot of sense.
Commissioner Teele: -- Mr. Cruz makes a lot of sense.
Vice Chairman Gort: Yes.
Commissioner Teele: And I'm telling you, you know -- and, Mr. Clerk, you do well to
hear what he said. We need -- if we're going to do an ordinance on this, we need to
establish some parameters of what it is we're trying to get. I mean, are we advertising
in "Neighbors"? Are we advertising in the local section? I mean, -- but we ought to
specify a preference for where we want this to appear and not just leave it up -- I
realize sometimes it's just whatever you can get out there, but I agree with what he's
saying. We should say, as a matter of preference, we want our ads in the local section
of the paper or we want them in "Neighbors" on -- what is that Tuesdays?
Commissioner Regalado: Thursdays and Sundays.
January 27, 2000 76
Vice -Chairman Gort: Thursdays.
Commissioner Teele: Thursdays and Sundays or whenever that appears. And there is
a way you could sit down with the Herald and get a plan where all of the cities --
neighbors that are, distributed in the City of Miami would be identified and that's
where I. would hope that that ordinance, Mr. Attorney, would be specific and what
have, because he' makes a very good point.
Vice Chairman Gort: Also, I would like to give a suggestion to our communication
department. What do we call it, the press releases? They should come out with the
press releases and send it to the radio stations. You'll be surprised. Some of those
radio stations will play it. At the same time, this advertising goes on Channel 9 also?
Commissioner Teele: No.
Commissioner Sanchez: No
Vice Chairman Gort: No? They should go on channel 9. Channel 9 is also -- Mr.
Manager?
Mr. Donald Warshaw (City Manager): There is the possibility they would do that as a
commitment of public service --
Vice Chairman Gort: Besides the way we're doing it, I think, if you send it to the 88
radio stations, they'll announce it and also, the same thing; Channel 9 will be very
favorable to do . so. Make it part of -- in that ordinance, make it part. Any other
further discussion?
Mr. Walter Foeman (City Clerk): Need a movant and a seconder, Mr. Chairman.
Vice Chairman Gort: It was moved by --
Commissioner Winton: I forgot.
Vice Chairman Gort: It was moved by Sanchez, seconded by Commissioner Teele.
OK? You got it. All in favor state by saying aye.
The Commission (Collectively): "Aye."
January 27, 2000 77
•
•
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-90
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ALLOCATE $742,000
IN STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
("SHIP") FUNDS TO THE LITTLE HAITI HOUSING
ASSOCIATION, INC. AND HABITAT FOR HUMANITY OF
GREATER MIAMI, INC. IN CONNECTION WITH THE'
DEVELOPMENT OF .APPROXIMATELY FORTY-NINE (49)
UNITS'OF AFFORDABLE HOMEOWNERSHIP HOUSING IN THE
NEIGHBORHOODS OF EDISON - LITTLE RIVER AND
OVERTOWN; AUTHORIZING THE CITY MANAGER TO
ALLOCATE SAID SHIP PROGRAM FUNDS IN THE AMOUNT
(S) SPECIFICALLY STATED IN SECTION 2 OF THIS
RESOLUTION; FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENT (S)
WITH THE AFOREMENTIONED NOT FOR PROFIT HOUSING
DEVELOPERS IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE, SUBJECT TO CERTAIN
TERMS AND CONDITIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the motion.was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
January 27, 2000 78
Vice Chairman Gort: Item 24; propose a resolution. January 27, 2000, City
Commission meeting, amending Resolution number 99-773. Who's taking that?
Mr. Alejandro Vilarello (City Attorney): This is following up on a request from the
DDA (Downtown Development Authority), endorsing a recommendation for the
submission of an application for a grant to cover the conversion of Flagler Street.
Vice Chairman Gort: Right. Do I have a motion?
Commissioner Winton: So moved.
Commissioner Teele: So moved.
Vice Chairman Gort: -It's been moved and second. Any discussion? All in favor state
by saying "aye."
The Commission (Collectively): "Aye."
Vice Chairman Gort: No nays.
January 27, 2000 79
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-91
A RESOLUTION OF THE MIAMI CITY COMMISSION
AMENDING RESOLUTION NO. 99-773, WHICH ENDORSED
AND RECOMMENDED THE SUBMISSION OF AN
APPLICATION TO THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION ("FDOT") FOR A $25 MILLION
DOLLAR GRANT TO COVER COSTS RELATED TO TWO-WAY
STREET CONVERSION AND REALIGNMENT AND
CONSTRUCTION OF THE METRO MOVER STATION (S) FOR
VARIOUS STREETS IN THE DOWNTOWN MIAMI CENTRAL
BUSINESS DISTRICT, TO ELIMINATE SOUTHEAST 2ND
STREET, SOUTHEAST 2ND AVENUE, SOUTHEAST 4TH
STREET (BISCAYNE BOULEVARD WAY), BISCAYNE
BOULEVARD, SOUTHEAST RD STREET, AND SOUTHEAST
3RD AVENUE, MIAMI, FLORIDA, TO PROVIDE FOR AN
AMENDMENT TO THE APPLICATION TO REFLECT THAT THE
GRANT SHALL BE FOR COSTS ASSOCIATED WITH
HIGHWAY TRANSPORTATION AND ROADWAY
IMPROVEMENTS; AND FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN
FURTHERANCE OF THE FILING OF SAID APPLICATION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
G�:3.9�1►11�i:[7iL�
January 27, 2000 80
Vice Chairman Gort: Twenty-nine, Parking Surcharge Administration Contract
authorization.
Commissioner Sanchez: Twenty-five.
Vice Chairman Gort: Twenty-five, I'm sorry.
Mr. Donald Warshaw (City Manager): Commissioner; before I ask Ms. Henry to make
a short presentation, this is the Parking Surcharge Administration. There has been an
evaluation committee and made a recommendation on it. Ms. Henry will walk you
through the process briefly.
Ms. Bertha Henry (Assistant City Manager): Thank you. Bertha Henry, Assistant
City Manager, of the finance and administration. Commissioners, as you recall at our
October 12 meeting, the administration submitted a recommendation to you to allow
the City Manager to enter into contract negotiations with joint venture of Parking
Network, Inc. and Rachlin, Cohen and Holtz. At that time the company, Revenue
Recovery Services asked that they be permitted to make a presentation. At such time,
they proposed that they be allowed to enter into the process because they had a-- they
would be able to guarantee the City nine million dollars ($9,000,000). At that time,
the Commission rejected the initial process that included an evaluation committee that
consisted of Marva Wiley, who's the Special Assistant to the City Manager; Finance
Director, Julie Wheatherholtz; Oakland Park Finance Director, Bert Wrains, and a
local attorney by the name of Rolan Sanchez Medina. The administration -- the
process was rejected. We were directed to enter into direct competitive negotiations
with both firms and, in fact, the Commission directed us to contact any other firms
that would be interested in involving themselves into the process. We contacted
several other firms. But, in the end, there were only two firms that continued into the
process and, once again, those two firms were the Joint Venture Parking Network, Inc.
and Rachlin, Cohen and Holtz, and, as a joint venture and in revenue recovery
services. The committee -- the evaluation -- I'm sorry, the competitive negotiation
team proceeded with competitive negotiations with both firms. 'At the conclusion of
that process, the committee felt strongly that the best proposal for the City at this
time would be that of Joint Venture Parking Network, Inc. and Rachlin, Cohen and
Holtz.
Vice Chairman Gort: Thank you. Yes, ma'am. You want to say something?
Ms. Lucia Dougherty: Yes, sir. Mr. Chairman, members of the board, my name is
Lucia Dougherty with offices at 1221 Brickell Avenue. Here today representing the
non -recommended proposer, Revenue Recovery Services. With me is Gloria
Velazquez of my office, as well as Nick Panarella (phonetic), who is a principal of
Revenue Recovery Services, as well as Rena Cutler, who is the person who would
January 27, 2000 81
head up this organization should you decide to select my client The first thing you
have to ask yourself in connection with this RFP (Request for Proposal), what are you
engaging this company to do? Are you engaging them to operate and manage and
design parking lots and garages? Or are you engaging them to be a surcharge
administration to administer and enforce your surcharge program? If it is the latter,
which I think it is, there is really only one bidder that you can select, and it's the only
one with any experience in this particular area, and that is the collection of taxes.
Nick Panarella, who owns his.own firm, his own law firm, since 1993 and specializes
in tax, pioneered in 1993 the Municipal Tax Bureau, which is actually the private
sector, which is a pioneer in the private sector role in full service tax administration
to supplement municipal and state revenue departments. He has represented over 50
municipal and state tax organizations, privatized to help and assist them in collecting
taxes. The city of Philadelphia, the New Jersey Division of Taxes, Oklahoma Tax
Commission, the Massachusetts Department of Revenue, Detroit, New Orleans, the
Washington, DC, the department -- California Department of Equalization were all
clients of his, as well as 50 other municipal clients. Rena Cutler also has twenty
years experience in the parking management and tax administration. She has recently
resigned as the City of Philadelphia's, Director of Parking Authority. Prior to that
time, she was the transportation Commissioner of the City of Austin and prior to that
time, she served as the Director of Parks -- Parking and Traffic for the City of San
Francisco. She is a recognized expert in municipal parking authorities and municipal
parking administrations. The City cited eight reasons why they think that Parking
Network ought to receive this contract. These eight reasons should not be your sole
reasons, but even if they are the reasons, Revenue Recovery Services meets and
exceeds each one of these reasons that were given. Rena Cutler is going to speak
specifically about two of the reasons because they are the defining reasons that
separate the two companies. These are two good companies, but they are definite
reasons to select one over the other, and she's going to speak about that in a minute.
The City also indicated that Parking Network has available staff on site to begin this
effort. The truth is, they, like us, principals in Texas and Georgia and two employees
that they spoke about, one lives in Davie and the other lives in Oklahoma City. Rena
Cutler is a resident of Florida at this time. She is able to come immediately to begin
to implement this program today. They have committed to move into your enterprise
zone in the City of Miami and to do first source hiring. More importantly, you all
said or the City said that there was a lower cost to the other -- for the other company.
The truth is, they keep matching our costs or proposal. Every time that we would
meet, they would negotiate a proposal and then the other side would come and meet it.
The truth is, this is a competitive negotiation and cost is not a factor. What you really
want is, who is going to maximize the revenue to the City of Miami? Not who's going
to cost -- who's going to bill you the most in terms of that because if you make more
money, so will the company. Say it again? OK. Revenue Recovery Services has the
experience, know-how to maximize these revenues. The audit and discovery programs
are creative and proven -- we've also engaged other local firms to act as consultants,
(inaudible) for your hardware network, Smart Target Marketing for data mining;
Rudrick Investigations for investigations, and Plat Fernandez for auditing services. I
just have to talk about one further thing, Mr. Chairman. And there has been some
rumors and innuendos dealing with one of our principals, and I know that you, too, all
heard it because we have heard it, and I just have to go on the record that one of our -
- one of my principals, he has a relationship with a politician in another state. That
politician is being investigated and, as a result, he also is being investigated. This
lawyer, the lawyers representing him, feels that there will be a full exoneration of him
January 27, 2000 82
within -- well; you say you don't hear about it. It was in the paper. Other folks have
talked about it and we have heard about it. It was in the paper not too long ago. What
I'm saying to you is, that we expect a full exoneration of this thing, but what we feel
about this is, this kind of rumor is the sort of thing that, if you don't have -- if you
can't meet the qualifications, then what you do is, you attack the other side, and we
feel very strongly that we needed to go on the record with respect to that. I'd like
Rena Cutler to come up and talk about how she views this contract and distinguishes
herself from the other. Thank you.
Vice Chairman Gort: Mr. Manager?
Mr. Donald Warshaw (City Manager): I just want to say something for the record.
Commissioner, I was not aware of any principal or relative or friend of a principal
under investigation, and I can assure you that that played absolutely no part in the
recommendation of the evaluation committee.
Vice Chairman Gort: Let me ask a question to refresh my mind. My understanding,
this item was in front of us two months ago?
Ms. Henry: Yes.
Vice Chairman Gort: And is this the same firm that offered ten million dollars
($10,000,000) up front?
Ms. Henry: Yes. Nine million dollars ($9,000,000).
Vice Chairman Gort: Nine million dollars ($9,000,000) up front. And the only reason
we deferred that to see the feasibility of the nine million dollars ($9,000,000) that was
going to come and all that. Is this the same thing?
Ms. Dougherty: That is the same firm. And, luckily, you don't need that guarantee
because you're looking at ten million dollars ($10,000,000) a year.
Ms. Henry: I'd like to correct the record.
Mr. Warshaw: Well -- but, for the record, that firm did not guarantee us nine million
dollars ($9,000,000). That was loans and a whole host of other things.
Ms. Rena Cutler: Commissioners, thank you. My name is Rena Cutler. I wanted to
speak on a few of the issues relative to this contract. In both the City of San
Francisco, as their director of parking and traffic and in the City of Philadelphia, as
their director of parking, both of those cities, in fact, collected a parking tax, as they
are called, in both California and Pennsylvania. In fact, the last -- in the last fiscal
year for the City of Philadelphia, the Philadelphia parking authority gave to the City
about an equal amount of revenue as the entire City of Miami expects to collect this
year. It is my sense, from having been involved in municipal parking operations in
three different cities at this point, that while you do need some parking expertise
relative to this contract -- in fact, this is not a parking contract. This is a revenue
collection contract. And what you need in this area, with all due respect to the staff,
is the ability to be able to deal with parking operations, but, in fact, know how to go
after and identify companies that are either not reporting or under reporting, and that
January 27, 2000 83
is how you set up auditing systems in order for the City to receive the full amount of
money. While I've been in the parking business a long, long time, I will tell you that
the honor system in parking does not, in fact, work. While municipal parking
operations tend to do things the correct way, as they represent the governments in
their cities, if the playing field is not level, if one entity is doingparking taxes --
Vice Chairman Gort: Excuse me. Somehow, we're going to have to put some time to
this. This is not even supposed to be a public hearing. So, please, will you try to
speed it up?
Ms. Cutler: I certainly will.
Vice Chairman Gort: Thank you.
Ms. Cutler: The one last piece I wouldlike to deal with, then, is the fact that nobody
likes taxes or surcharges. In the parking business, not paying them and not fully
paying them, makes the playing field not level. And, therefore, one of the things you
need to ensure in here is that the collection side of this is, in fact, the piece that you
need to do. I could go on, but I will, in fact, end it at that point. Commissioner,
thank you.
Ms. Thomasina Williams: Good afternoon. May I speak to this item? My name is
Thomasina Williams.
Vice Chairman Gort: Whom are you representing?
Ms. Williams: I'm here representing the joint venture that's been recommended by
your staff.
Vice Chairman Gort: OK. That's been recommended for staff. My understanding, the
decision we need to take here, accept the staffs recommendation and have the
Manager direct them to go ahead and negotiate with the company selected or reject the
whole thing. So, go ahead.
Ms. Williams: We're here if you have any questions. Thank you.
Vice Chairman Gort: Thank you. OK. What's the wish of the board? My
understanding, what's in front of us is, we either accept the staff's recommendation
and ask the City Manager to sit with the parties involved and negotiate the
arrangement. Then, if we don't want to do that, then we have to send the whole thing
back.
Commissioner Winton: I move acceptance of staff's recommendation.
Vice Chairman Gort: There is a motion. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Discussion? Being none, all in favor state by saying "aye."
Commissioner Regalado: No.
January 27, 2000 84
Vice Chairman Gort: Thank you. Two noes.
Commissioner Teele: Are you --
Vice Chairman Gort: Item --
Commissioner Teele: Mr. Attorney, would you explain to me what the Chairman just
said? That's -- the Chairman said what?
Mr. Alejandro Vilarello (City Attorney): In the competitive negotiations selection,
this City Commission in the award of an agreement must follow the Manager's
recommendation or reject the Manager's recommendation and, if appropriate, give
further instructions to the Manager to interview additional providers. So, your
choices are either to accept the Manager's recommend ...
Commissioner Teele: That's not what the Chairman said.
Mr. Vilarello: I understood him to say that you either accept the Manager's
recommendation, reject and instruct the Manager further...
Commissioner Teele: All right. Thank you.
Mr. Vilarello: I understood him to -- generally to paraphrase the provision.
Vice Chairman Gort: I'm sorry. What's the question?
Commissioner Sanchez: No, it passed.
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-92
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE RECOMMENDATION OF THE EVALUATION
COMMITTEE, AND AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE JOINT
VENTURE OF PARKING NETWORK, INC./RACHLIN, COHEN
AND HOLTZ, LLP, FOR THE ADMINISTRATION OF THE CITY
OF MIAMI'S PARKING SURCHARGE PROGRAM, FOR A
PERIOD OF THREE YEARS, WITH THE OPTION TO RENEW
FOR TWO ADDITIONAL ONE YEAR PERIODS, AT A COST
NOT TO EXCEED FIVE PERCENT (5%), AS AUTHORIZED
PURSUANT TO THE ENABLING ORDINANCE; AND
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE
NUMBER 001000.260415.6340.27013 FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
January 27, 2000 85
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: Commissioner Tomas Regalado
ABSENT: None.
Note for the Record:. Item 27 was deferred.
Vice Chairman Gort: Twenty-seven.
Mr. Donald Warshaw (City Manager): It's appointments. I'm sorry. Item 27 is
appointments.
Vice Chairman Gort: Bayfront Park.
Commissioner Winton: I have no appointments to make.
Vice Chairman Gort: Bayfront Park.
Commissioner Teele: Appointments.?
Commissioner Sanchez: Yes.
Mr. Walter Foeman (City Clerk): Yep.
Vice Chairman Gort: Yes.
Vice Chairman Gort: Budget and Finance Review Committee. Commissioner Winton,
you have one nomination.
Commissioner Teele: What appointment -- what number are we on?
Commissioner Sanchez: Bayfront Park.
Vice Chairman Gort: Bayfront Park.
Commissioner Teele: No nomination at this time.
Commissioner Sanchez: Johnny?
January 27, 2000 86
Commissioner Winton: No.
Vice Chairman Gort: So, you hold for the (inaudible).
Mr. Foeman: Commissioner...
Commissioner Sanchez: I believe I have one for Budget and Finance.
Mr. Foeman: Yeah. You have Budget and Finance Review. There is a revised memo
to the Commission.
Commissioner Sanchez: I would like to nominate or reappoint Manolo Reyes.
Commissioner Teele: Second the motion. My memo from the clerk only shows one.
Was there a supplemental memo? OK.
Mr. Foeman: There is a supplemental memo. We're going to distribute that now.
That has to be passed out.
Vice Chairman Gort: It's a regular nomination? It's been moved and second. All in
favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-93
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
BUDGET AND FINANCES REVIEW COMMITTEE FOR A TERM
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 Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Sanchez: For Manolo Reyes, correct?
Mr. Foeman: Yeah, this is for Manolo Reyes.
January 27, 2000 87
•
Vice Chairman Gort: Right.
11
Vice Chairman Gort: Civil Service Board. This is the City Commission at large has
three appointees. The seats are currently held by Gerald Silverman, Frankie Rolle,
and Martin Garcia.
Commissioner Regalado: Mr. Chairman, I move to appoint Manuel Garcia.
Commissioner Sanchez: Is it Manuel or Martin?
Commissioner Regalado: Manuel Garcia.
Vice Chairman Gort: OK. I would like to suggest...
Commissioner Regalado: Martin is the other member.
Vice Chairman Gort: I would like to suggest Gerald Silverman, who's been on it for a
long time.
Commissioner Teele: I would like to suggest Mrs. Rolle, who's...
Vice Chairman Gort: OK. So, we move to...
Commissioner Sanchez: I would like to nominate Martin Garcia.
Vice Chairman Gort: That's whom he nominated.
Commissioner Teele: He just did.
Commissioner Sanchez: He said Manolo. His name is not Manolo.
Commissioner Regalado: No. Manuel Garcia. Martin, Joe Sanchez has nominated.
Commissioner Winton: Is that two different people or is it the same person?
Commissioner Regalado: Two different people.
Commissioner Sanchez: Two different people.
Commissioner Regalado: One is called Martin...
Commissioner Teele: Then, I think we should go down the line and vote on one per
seat.
Commissioner Winton: So do I.
Vice Chairman Gort: Let's begin with the Silverman? All in favor state by saying aye.
January 27, 2000 88
The Commission (Collectively): "Aye."
Vice Chairman Gort: Any nays? No nays.
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO. 00-94
A MOTION REAPPOINTING GERALD SILVERMAN AS A
MEMBER OF THE CIVIL SERVICE BOARD. (NOTE: THE
ESSENCE OF THIS MOTION IS CONTAINED AS PART OF
RESOLUTION 00-96.)
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Rolle.
Vice Chairman Gort: Rolle. Mrs. Rolle. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-95
A MOTION REAPPOINTING FRANKIE ROLLE AS A MEMBER OF
THE CIVIL SERVICE BOARD. (NOTE: THE ESSENCE OF THIS
MOTION IS CONTAINED AS PART OF RESOLUTION 00-96.)
January 27, 2000 89
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Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: OK. Now comes the Garcias.
Commissioner Sanchez: Martin Garcia.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second.
Commissioner Teele: Could we just get a little bit of information about the two
people?
Commissioner Sanchez: Martin Garcia has been on this board. He's a City of Miami
police officer, and he's been on this board for many, many years, if I'm correct.
Commissioner Regalado: I appointed him.
Commissioner Sanchez: Huh?
Mr. Donald Warshaw (City Manager): Yes.
Commissioner Sanchez: Couple of years.
Commissioner Regalado: A couple years. I appointed him.
Commissioner Sanchez: I think you appointed him on...
Commissioner Teele: Well, I would move that we defer it and I'd like to interview the
two people. I mean these are not individual appointments. These are at large
appointments.
Vice Chairman Gort: This is an at large committee appointments.
Commissioner Teele: I would move that the Garcia appointment be deferred to the
next meeting, and that we be afforded to have the resumes and the interviews. But I
do think it is not a good precedent to have City employees -- the persons that are
literally City employees that are on this board be here for an excessive amount of
time. I mean, it -- this is a...
January 27, 2000 90
Vice Chairman Gort: (Inaudible) you want to rotate it.
Commissioner Teele: This is a Civil Service Board, and I think it would be very, very
helpful if the lawyers would explain, at some point in the next meeting, the role.
Because I know that, at one point, there was, a concern by Mayor Suarez, Mayor Ferre,
and Mayor Carollo, about the way the Civil Service Board was not -- that the City
administration view was not getting a fair hearing because the Civil Service Board
also includes union appointees, is that right?
Mr. Foeman: That's correct.
Mr. Alejandro Vilarello (City Attorney): I'd be happy to prepare a report giving the
administration's concerns with regard to Section 36 of the City Charter, which were
most of the issues that were raised.
Ms. Priscilla Thompson: Excuse me. If I could just clarify one matter. Priscilla
Thompson, Executive Secretary, Civil Service Board. It's not that we have union
appointees. We have two individuals who are elected by the Civil Service employees.
Commissioner Teele: That's what I'm saying. They have representation on the board.
Ms. Thompson: All City employees do, classified. By election but not by
appointment.
Commissioner Teele: They have representation, rights.
Ms. Thompson: Yes.
Commissioner Teele: And the board's composition ensures there is union
representation on the board by its composition. The concern that I have had or at
least it's been expressed to me by people that I respect, is that at one point the
Commission had one or two people that were retirees on the board. At the same time,
you have the union representation and, as a result, there was some concern about the
way the Civil Service Board was being biased and slandered. And I -- that
particularly came to- me, you know, when the African-American representative
apparently voted with the union on almost all issues, and that has been dealt with and
corrected and changed. So, I think we have a legitimate right, as the board members,
to know exactly what kind of patterns are going on because this is a board that reflects
the City and we have a right to ensure that it's balanced in every way. Fair and
balanced.
Vice Chairman Gort: OK, sir. So, we defer the other -- the nomination to meet with --
thank you. Did we vote on that? Yes, we vote on both of them.
Mr. Foeman: On the first two, yes. And there is another category. There were two
employees that were elected...
Vice Chairman Gort: Elected. Those -- do I have need a motion?
Commissioner Teele: I would so move the appointment of those individuals that were
January 27, 2000 91
uu
elected by the union.
Mr. Foeman: William Scarola and Robert Frazier, seats one and two, respectively.
Vice Chairman Gort: Moved by Commissioner...
Commissioner Sanchez: Second.
Commissioner Teele: And Teele.
Vice Chairman Gort: Second.
Commissioner Teele: And Mr. Scarola represents whom? What is seat one?
Mr. Foeman: He represents seat number one.
Commissioner Teele: Does that have a designation like fire or something?
Mr. Foeman: Yeah. Fire -- (inaudible) department.
Ms. Thompson: Commissioner, if I can? No seat is designated to any particular
union. It's just that union -- individuals who are classified employees, who may be
part of the union, will elect to run. If they win by a majority of the vote, they get the
seat. There is no guarantee that any particular union supported individual will always
win. It just happens that way by the majority of the vote. The seats belong to no one
other than classified City of Miami employees.
Commissioner Teele: And my question is, what union does Mr. Scarola come from?
Ms. Thompson: He is a FOP (Fraternal Order of Police). He is a police officer.
Commissioner Teele: And what union does Mr. Robert Frazier?
Ms. Thompson: He is a general employee, so he would be represented by AFSCME.
Commissioner Teele: And I'm moving both. I just want to put on the record who their
perspective is.
Vice Chairman Gort: OK. There is a motion. There is a second. All in favor state by
saying "aye."
The Commission (Collectively): "Aye."
January 27, 2000 92
11
E
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-96
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AND CONFIRMING
THE ELECTIONS OF CERTAIN INDIVIDUALS AS MEMBERS
OF THE CIVIL SERVICE BOARD FOR TERMS 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 Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Note for the Record: Item 30 was deferred.
Vice Chairman Gort: Thirty is Community Relations Board. Who has -- Teele, you
have two vacancies.
Commissioner Teele: On the Community Relations -- I'd like to take this up later on
today. I understand the Mayor of Hialeah has expressed some concern to me today
about this.
Vice Chairman Gort: Thank you.
Vice Chairman Gort: Cultural and Fine Arts Board.
Commissioner Regalado: I have an appointment.
Vice Chairman Gort: You have an appointment?
Commissioner Regalado: Pedro Pablo Pena.
Vice Chairman Gort: Commissioner Teele?
Commissioner Teele: Reappoint Ms. Nichols.
January 27, 2000 93
Vice Chairman Gort: Reappoint the same person?
Commissioner Teele: Yes.
Vice Chairman Gort: Commissioner Winton?
Commissioner Winton: No appointment.
Vice Chairman Gort: Commissioner Sanchez will appoint Juan Carlos Espinosa, and I
will reappoint Tony Wagner. Do I have a motion?
Commissioner Teele: So moved, Mr. Chairman.
Commissioner Winton: Second.
VICE CHAIRMAN GORT: THERE IS A MOTION TO ACCEPT THOSE
NOMINATIONS. ALL IN FAVOR STATE BY SAYING "AYE."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-97
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF
THE CULTURAL AND FINE ARTS BOARD FOR TERMS 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 Winton, the motion was passed and adopted by the following
voter
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Vice Chairman Gort: OK. Commissioner Winton's reappointment for the International
Trade Board.
Commissioner Winton: And I'm not making any.
January 27, 2000 94
Vice Chairman Gort: OK. I'd like to appoint Waldo Castro.
Commissioner Teele: So moved, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: second.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-98
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
INTERNATIONAL TRADE BOARD FOR A TERM 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 Regalado, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas RegaIado
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Vice Chairman Gort: Latin Quarter Review Board. I have a question in Latin Quarter Review Boards.
We've been -- I've requested, personally, for the last two years, that the Latin Quarters ordirunce be sort of
changed a little bit. Because my understanding is, a lot of developments within Latin Quarters have not taken
place because of so many restrictions. Are we, in the Planning Department, working on that?
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): I don't know if -- I don't think that it's the
restrictions so much as delays in...
Vice Chairman Gort: In the process.
Ms. Slazyk: ...other delays in the processing, but I don't think it's the restrictions. We have amend the
January 27, 2000 95
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0
ordinance and we simplified it. Most of the rest of what's in there now is guides and standards, which the
board and the Planning Director do have authorities to waive as part of the permit process, but we'll take a
look at it.
Vice Chairman Gort: OK. Because I'll give you an example. The shopping center, the little, small shopping
center built on 8th Street and 12th Avenue, those people run out of money because of all requests and
because they had to create the portales that took a lot of space away from them. They could not rent and so
on.
Ms. Slazyk: Yeah. A lot of that stuff was removed from being a Code requirement. It's a guide and
standard. We still try to get as much of it as possible. But we'll look at it again.
Vice Chairman Gort: Thank you. Because I understand, there's two projects that's supposed to be taking
place and they're major projects and they have little problems with them. And we need economic
development in that area. Yes, sir.
Commissioner Regalado: No. I just want to say that you're right and I think that it's not the fault of the
board. It's all the specifications that are demanded, and I think that we have to change that. If we don't, there
will not be any development on that area.
Vice Chairman Gort: OK. Commission Winton is the only one that has an appointment and he'll waive it.
Note for the Record: Item 34 was deferred.
Vice Chairman Gort: Item 34, Miami Audit and Advisory Board. Commissioner
Winton, you have one nomination.
Commissioner Winton: None.
Vice Chairman Gort: OK.
Note for the Record: Item 35 was deferred.
Vice Chairman Gort: Nuisance Abatement Board. Commissioner Winton, you have
one nomination.
Commissioner Winton: None.
Vice Chairman Gort: Waterfront Advisory Board. Commissioner Regalado, this might
be a good one for you -- Garcia.
Commissioner Regalado: Amado Valdez.
Commissioner Teele: Second the motion.
Vice Chairman Gort: Commissioner Winton?
January 27, 2000 96
0
Commissioner Winton: None.
Vice Chairman Gort: OK. It's been moved and second. All in favor state by saying
"aye "
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 00-99
A MOTION OF THE MIAMI _ CITY COMMISSION
APPOINTING AN INDIVIDUAL AS A REGULAR MEMBER
OF THE WATERFRONT ADVISORY BOARD FOR A TERM
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 Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Vice Chairman Gort: Budget information in Office of Media Relations. Talking about discussion,
explanation concerning a proposed additional appropriation of thirty-one thousand five hundred dollars
($31,500).
Commissioner Teele: What number is that?
Vice Chairman Gort: Thirty-eight. Item 38.
Mr. Donald Warshaw (City Manager): Item 38, Media Relations? Thirty-eight?
Vice Chairman Gort: Yes.
Commissioner Teele: I didn't get the explanation in my package.
Mr. Warshaw: This morning, I...
Vice Chairman Gort: I don't have it.
January 27, 2000 97
Mr. Warshaw: You don't have copies?
Vice Chairman Gort: No.
Mr. Warshaw: You want to just give us a minute?
Vice Chairman Gort: OK.
Mr. Warshaw: If you want, I can start giving you just a little-- a capsule summary. Basically, prior to the
passing of the Anti -Deficiency Ordinance and in anticipation of monies coming as a result of the TCI
(Telecommunications, Inc.) negotiations, of which there was a three, four hundred thousand dollar
($400,000) piece that was supposed to go to rebuild Media Relations, that budget, at that time, you know, was
in deficit when the process started, and built into it was the anticipation of receiving those revenues. Then,
the Anti -Deficiency Ordinance was passed. The monies from TCI, obviously, have not come because that
AT&T situation was still out there and, as a result of that, at the end of fiscal year'99, Media Relations was in
deficit thirty-one thousand dollars ($31,000) and -- I mean, I think we've stated this on the record previously.
I mean it is what it is. And when we get those additional monies from TCI, that will still go to rebuild
infrastructure, but it won't change the fact that the fiscal year ended with them being in deficit and...
Vice Chairman Gort: OK.
Commissioner Regalado: That was not -- that's what Mr. Brennan said the other time. I remember that he
said that the position changed and the salary changed. That's what's the explanation. It's different than this
one.
Mr. Warshaw: Well, before he speaks to that. You're right, there were some position changes and the
individual who was there previously, who was brought by the former Manager, Mr. Garcia- Pedrosa, she had
a different salary, a severance package. I mean, things happened in the budget throughout the year. But,
again, I'm telling you, on the record, they ended the year in a deficit. No question about that. There are no
excuses about it, other than what I'm telling you in this memo, that there had been an anticipation of a large
amount of money going into that department to rebuild, basically, NET 9. That was part of the deal with
AT&T. But, Commissioners, again, overall, the City ended in -- with a large surplus. This was the only
department. It's a small "amount of money. And I understand and appreciate the Arti- Deficiency Ordinance.
And, you know, it happened and we'll make sure it doesn't happen again this year. I don't know what else I
can say about it.
Commissioner Regalado: No. The only thing I say is that this was not programmed for infrastructue. It's
salary, right?
Mr. Warshaw: I'm not sure I understand the question.
Commissioner Regalado: You're saying that you were expecting some money for the infrastructure of NET
9.
Mr. Warshaw: Correct.
Commissioner Regalado: But this, according to the Budget Director, was not for that, but a change of
position and salary?
Mr. Warshaw: Correct. However, there are items in the budget that go for equipment. The budget isn't just a
line item for salaries. So, had there -- obviously, if there had been three hundred and fifty thousand dollars
January 27, 2000 98
($350,000) in the budget at the beginning of the year, they would have had, at least, a surplus. They certainly
wouldn't have been in deficit. But you're right, that money was not for salary. Thl money was for
infrastructure. Although, it's possible, some of that money could have been used for new employees to work
on NET 9, and I'm not even sure if that's correct or not. You want to address that?
Mr. Jorge Luis Hernandez (Director of Media Relations): Yes. Maybe will be good to clarify that. When the
Manager...
Vice Chairman Gort: Your name, please.
Mr. Hernandez: I'm sorry. Jorge Luis Hernandez, Director of Media Relations. As you know,
Commissioner, before this administration the Office of Media Relations and Channel 9 -- I mean, they were
not accountable to just one place. Employees at Channel 9, as you know, were being paid by the NETS
(Neighborhood Enhancement Teams) and by Fire and by different departments. In an effort to bring
accountability, this administration brought Channel 9 to the proper place, to the Office of Communications or
Media Relations. In this restructuring, new employees and new expenses were brought to the office. This
budget, since its inception, and due to these new efforts to bring accountability, was in deficit. We were
expecting monies from the TCI negotiations that never came. As a matter of fact, if you look just at the
directorship of the office, the savings to the office itself, it's aboutforty-four thousand dollars ($44,000) just
in salaries. But the negotiations have not culminated and we simply don't have even the basic money to
operate both things, the Office of Media Relations and our Channel 6 now. Other departments are not paying
for salaries. It is -- I mean, the Office of Media Relation's accountable for all expenses and all salaries.
Vice Chairman Gort: Thank you, sir. Any further questions?
Commissioner Regalado: I still cannot comprehend the difference...
Mr. Hernandez: Well, what is it you don't comprehend, Commissioner?
Commissioner Regalado: What the Budget Director said on the other Commission meeting and what the
Manager said now.
Mr. Luis Brennan: Luis Brennan, Interim Director, Department of Management and Budget. You are
correct, Commissioner, I did say those things about the change in personnel. But, as a result of those
changes, we had this problem and all this occurred before the Anti Deficiency Ordinance. So, I would say
that you're correct; the Manager's correct, but is the chronological order of how it happened.
Mr. Warshaw: But, again, I want to say, in spite of the Anti- Deficiency Ordinance, the budget was in deficit.
Commissioner Regalado: I mean, just say it.
Mr. Warshaw: The budget was my responsibility.
Commissioner Regalado: Just say it. This deficit is because of a salary increase. That's all.
Mr. Warshaw: And that's my response -- I take full responsibility for the entire budget.
Commissioner Regalado: I mean, I'm not disputing that. I'm just saying that I remember what they told me
before and this is not what you told me today. That's all. That's all I'm saying. I'm saying that-- I mean, I
agree. I don't have any problem. You know, you won't do it again. The department will behave. You know,
they'll be good. But, what I'm saying is that the deficit is because of a raise in salary. That's all I'm saying.
January 27, 2000 99
Vice Chairman Gort: OK.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir. Commissioner Teele.
Commissioner Teele: I really do think that this is, perhaps, instructive of the kinds of issues that we, as a
Commission, will be confronted with in the year -- in the period ahead, assuming there are changes in the
Charter. You know, a Commission -- a legislative body really limits itself to making policy and
appropriating funds and overseeing the expenditure,of funds, something we have never done, at all. The
Manager is right, as far as it goes. It's done. It's done. But it's really not nearly that simple. The Budget
Office and the Finance Office are supposed to be a check and balance against this. We all know that when
Caesar Odio era came into power, the first thing that they did is merged and placed under each over the
Budget Office over the Finance Office, which is one hundred percent wrong. Because you've got to have
some degree of accountability and check and balance. That was one of the things that the Oversight Board,
that the Blue Ribbon Committee, et celera. When a personnel description or a job hiring comes through, it's
supposed to require at least three signatures: the department head, the Finance Office, the Budget Office and,
I assume, I guess Personnel. In the cases of promotions, the same things happen. Was there a failure in our
Budget Office process to prevent this from being triggered? In other words, when you start hiring -- when
you hire people or give people raises, the Budget Office is required to sign off on that. Am I right or am I
wrong or is that...?
Mr. Warshaw: That's correct.
Commissioner Teele: So, why did the bud -- who, in the Budget Office, signed off on that?
Mr. Warshaw: I don't think the question is as simple as who signed off on a salary, as much as looking at he
whole budget during the course of an entire year.
Commissioner Teele: Ok. That's very fair but that's not my question. Who signed off on this in the Budget
Office?
Mr. Warshaw: On what, in particular, Commissioner?
Commissioner Teele: On all of the promotions and hirings that occurred in this office, after it was realized
that there was going to be a financial problem or at the point the budget was established?
Mr. Warshaw: I don't know if there were any promotions or hirings after it was realized that there was going
to be a deficit. I mean, Mr. Hernandez was an employee of the City prior to the beginning of the fiscal year,
as were other people, including one who worked in the City Manager's Office, previously to my getting there,
and that one individual was moved from the Manager's Office, retained and moved to Media Relations. So, I
don't know if I have the answer to that specific question. The budget went into deficit at some point during
the year, and the only way to have remedied it would have been to put more money in or, at some point
during the year, let go, lay off, remove one of the employees, and I opted not to do that. So, I take full
responsibility for the deficit. And I'd like to point out; again, that the surplus theCity ended the year with
was eight million dollars ($8,000,000). This is thirt},,one thousand dollars ($31,000) in one department, as
part of an eight million dollars ($8,000,000) surplus for the entire City, which means every other department
exceeded by a total of almost eight million dollars ($8,000,000) in surplus dollars. So, I think the Budget
Department did a pretty good job, along with the Finance Department, in those checks and balances in
monitoring the separation you're referring to. I couldn't agree with you more. I think that we have to have
January 27, 2000 1 100
n
that system and I adhere to it.
•
Commissioner Teele: Is there a total separation in authority and autonomy between the Budget Office and
the Finance Office today?
Mr. Warshaw: One hundred percent.
Commissioner Teele: In other words, there is no Assistant Manager or assistant person who's overseeing
both?
Mr. Warshaw: That's correct.
Commissioner Teele: So...
Mr. Warshaw: I'll qualify the answer and say that Ms. Henry, at times, xNears not only two hats but probably
a hundred hats, in that she has used her expertise to assist more than that in the budget.
Commissioner Teele: It frightens me, to no end, as competent as Ms. Henry is --every time I see Ms. Henry
getting up talking about budget matters, when she -- by her line item, she's over the Finance Department.
Because the same scenario that we had with Cesar Odio is the same scenario that we're beginning to replicate
and, that is, when there is one person that has control over both sides of this equation, you're setting this thing
up -- if I may finish -- you're setting this thing up for the same scenario, under a different guide. I have total
confidence in Ms. Henry. What I don't have total confidence in is when we have a deficit and nine -- six
months later someone is saying, "I take responsibility." But in every meeting I've ever been in, I've asked the
question, the same question I asked the other night: do we have a problem with any departments? Are there
any problems? And, of course, this is what, you know, the role of the Commission-- we're paid six thousand
dollars ($6,000). We have to rely upon who's saying it? Now, if one person is over...
Commissioner Winton: Five.
Commissioner Teele: Five. The County is six. The County is six. Five thousand. And if we're getting back
to one person as overseeing both, one person is responding -- I mean, it's very, very important to me that there
be total independence between the Finance Office and the Budget Office and that, somewhere along the line,
somebody ought to come forward and trigger this thing. You know, everybody says, "Well, nobody spoke
up." The first time you came in to be confirmed, in the first budget hearing, the first thing you said to the
Commission was -- just six months ago. What was the guy's name, who was the Manager? The guy -- the
attorney from Miami Beach?
Commissioner Regalado: Garcia- Pedrosa.
Commissioner Teele: Garcia- Pedrosa came in here in February and told us that the budget was fine,
according to you, Commissioner -- Donald Warshaw. And we all knew that it wasn't true. It wasn't fine.
Mr. Warshaw: He didn't tell you the truth. That's exactly right.
Commissioner Teele: That's what I'm saying. But nobody spoke up.
Mr. Warshaw: I did.
Commissioner Teele: You didn't speak up in February.
January 27, 2000 101
Mr. Warshaw: I didn't know in February.
Commissioner Teele: No. You spoke up in Jan...
Mr. Warshaw: I spoke up when I got here.
Commissioner Teele: ... in November, when you got the job.
Mr. Warshaw: You better believe it.
Commissioner Teele: And what I'm saying is this, we're not making any steps forward if we have deficits
that people know about, that they don't speak up. That's my only point. If someone knows about the deficit,
either the Finance Department or the Budget Department or the department that is responsible for this or the
Manager or two of the four or three of the four should be speaking up. And you're right; it's a matter of
amount of money. The amount is totally inconsequential. But the whole point is, I don't want to go back to
where we were. And what I'm seeing is that this is some clear evidence, as far as I'm concerned, that there is
something wrong with the system, if a department can -- anybody can go over -- if you came and said, "well,
we bought a computer and it wasn't booked and, then, the accountant said it ought to be booked and it took us
over, that's fine. But for us to just have personnel issues and march over, it ought to get triggered. And that's
the only point that I'm making. And whether it's the Mayor's office or the Manager's office or the
Commission office, it's the same principal.
Mr. Warshaw: I'd just like to...
Vice Chairman Gort: Mr. Manager, let me tell you what I think the message is. I think the message is, any
other department that have gone through this, have come through us before it happened, which means, if it
happens with a department because you did not -- for some reason, you did not have control of the expenses
-- of the expenditure and all of the departments, they have expenditures within our budget, should be
controlled by you or you should be aware of it,
Mr. Warshaw: And I get that message. But I feel compelled to say something on the record, if I may?
Vice Chairman Gort: Go ahead.
Mr. Warshaw: Number one; there is a very big difference between, Commissioner Teele, what you refer to
when Mr. Odio was here and now. Back then one man, Manno Surana, was, in effect, acting as the Budget
Director and the Finance Director. There is a heavy wall, even though Bertha Henry is assisting me-- the
Budget Director reports,directly to me and we have a Budget Director in Luie Brennan. Julie Wheatherholtz
is the Finance Director and she runs Finance. So, there are two distinct departments directors, two distinct
departments, two distinct systems and operations. The fact that I was able to find a person as competent as
Bertha Henry, who had experience running a six hundred million dollar ($600,000,000) budget, I have to tell
you on the record, this is a woman who spends seven nights a week in her office working on budgetary
matters, because she is part of a team and that team has had tremendous success. I'd also like to say thatl
would put the integrity of our system, number one, because of the Anti Deficiency Ordinance, which I totally
and fully support. And number two, because of the ordinance you passed this morning that will
institutionalize, even more so, the integrity ofthe system. So, while it's true that one department did exceed
its budget by thirty-one thousand dollars ($31,000) and, yes, it's a small amount, I also recall, at the beginning
of the budget year, there were comments made about, if you give bureaucrats money, they'll spend every
dime of it and, yet, the departments were able to expend their budgets and save the City eight million dollars
($8,000,000), and that surplus, of course, is going into what, hopefully, will deal with future deficits and
future problems that the City might encounter. But I get the message, Commissioner Gort. I understand
January 27, 2000 102
L_J
exactly what you're saying.
Commissioner Teele: And, Mr. Chairman, if I may respond? Let me just say one thing. Injecting a person
in this, by person and name, is not the issue. We all know that Ms. Henry is competent. I know Ms. Henry to
be extremely competent. She works long. And it is the kind of gratuitous baiting that I've come to learn, that
is very, very personally the characteristic of the way this management is operating that it really does annoy
me. Now, I'm going to be very candid with you. Every time this budget has been presented to this
Commission, three times this year, Ms. Henry has been the person that has been doing the talking, and that
bothers me. Because if there's a Budget Director, on budget matters, the Budget Director should do the
budget. If Ms. Henry is over the finance, Ms. Henry can talk about finance matters. But I would repeat what
I'm saying again and I'm going to say it as long as I'm here. Because the last time I looked, "The Herald"
didn't blame you or the predecessor. "The Herald" said it's the Commission's problem; that we weren't
diligent; that we didn't ask questions. And all that I'm saying is this, very clearly I would expect for there to
be total autonomy with the Budget Office and that the Budget Office does not report to anyone that is
overseeing the finance process because that is exactly the Manno Surana, or whatever the fine gentleman's
name was, scenario that I want to avoid. I would like to know that, if a department is requesting expenditures
that a budget director that does not report to the finance process is saying, yes or no. And I still say that,
while the amount is very, very insignificant, the fact of the matter is, is that we need to have a process that
triggers that and prevents it from happening, especially on personnel matters. And I'm really a little bit taken
aback, to some extent, that there is no explanation for it. The memorandum thatI've read doesn't provide an
explanation, but it is what it is.
Vice Chairman Gort: I think the message was sent. Every department should have-- and be controlled by
the Budget and by the Manager. The Manager's there.
Commissioner Winton: Mr. Chairman?
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: I think I understand a goodly part of what Commissioner Teele is saying. I was
looking for the solution to the problem, so that we didn't have to continue to debate back and firth. There is
an answer here, frankly, just in terms of organizational structure. I don't know what that answer is. But if the
Blue Ribbon Task Force has stated that there is some -- and I'm not -- I'm nervous about using the term
Chinese Law because that's a technical term. But they, obviously, according to Commissioner Teele, have
described a process that we ought to have, that separates those two departments completely. I think that the
message that we -- and maybe we need, as a Commission, need to look at this in a little more detail so that we
give a clear direction in terms of what we would like to see that be. But I think that is the message, whatever
that real Chinese Law is, whatever that structure that the Blue Ribbon Task Force was recommending, we
ought to make sure that that, or to the best of our ability, make sure that it is in place. If it is in place, we
ought to know that that is in place and that helps me understand maybe that all of this discussion isn't where it
ought to be.
Mr. Warshaw: Last comment, if I may?
Vice Chairman Gort: Yes, sir.
Mr. Warshaw: I understand, totally agree and I've been the biggest advocate of the separation. And
understand, and for your benefit, because I know you weren't here, the infrastructure of the Finance and
Budget departments was damaged, to put it mildly, and the fact that we were able to attract people like Ms.
Henry -- and I am going to personalize a little bit --she does not have the organizational role over the Budget
Director but, certainly, this has been a team effort and I'm proud to say that, as people who were able to cross
January 27, 2000 103
over the boundary lines of the little box on the organizational chart and make contributions based upon their
past, that doesn't mean that there has been a merging, an integration or a breaking down of the wall. It simply
means the City is blessed to have some people who have expertise when, a year and a half ago, we didn't
have a Bertha Henry; we didn't have Julie Weatherholtz; we didn't have a Scott Simpson. And I'm sorry to
say, even at that time, without personalizing it, Luie Brennan was acting in an administrative role, and we still
had the former Assistant Budget Director, who's no longer here, for all the right reasons. So, it wasn't too
long ago, even in the past fiscal year, that the person running the Budget Department is someone I had to fire.
So, this is still a new process. It's a team effort. The wall is knocked down. There's a total separation. Julie
Weatherholtz, you know, who, unfortunately, is ill right now. And Scott Simpson, two CPAs (Certified
Public Accountants), who brought with them systems that the City has never had before. I assure you, there
is a total separation and the Oversight Board, Public Financial Management and t1E financial community has
bought into the fact that that separation exists. And I want to assure you that on the record.
Commissioner Winton: Thank you.
Vice Chairman Gort: Well, let me quit while I'm ahead. OK. You want to address this item, sr?
Mr. Mariano Cruz: Yes. Few things only.
Vice Chairman Gort: Yes. Go ahead.
Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. The only thing I want to know, what is the benefit for
the average taxpayers over there of the Media Relations Department? And how accurate is the information
that they disseminate? Because I remember, specifically, last year, when there was an article on TV and the
whole thing about development of the business in Allapattah. In a way, the article said it was due to the
Mayor, to the whole thing here, to the City. Then, I wrote to "The New Herald", to "El Nuevo Herald," in
spite of the City, Allapattah's businesses have developed because on account of ABDA (Allapattah Business
Development Authority), Allapattah Chamber of Commerce, of other people. The downtown situation, the
rent's high. The people have to move from there. In.no way the City, the Department of Media Relations,
addressed to that. Why? Because there was apolitical vendetta with somebody it Allapattah or something?
No. They should be. And even the paper wrote, "Honor a quien honor merece," honor to whom honor
deserves. Thank you.
Vice Chairman Gort: Thank you, sir.
Note for the Record: Item 4A was deferred to the next regularly scheduled
Commission Meeting.
Vice Chairman Gort: OK. Next item. One, two, three -- none of the Commissioners.
Four, Commissioner Regalado. Your district.
Commissioner Regalado: There are several items here, Mr. Chairman...
Vice Chairman Gort: Discussion about the operation of the office and -- go ahead.
Commissioner Regalado: There are several items. I think that -- well, we discussed
some of the operation of the office of Media Relations, so I would defer this for a
different discussion, and next Commission meeting. Strike all of that above. I did all
of that in relation to the Media Relations item. The next item is 4A, note for the
record: Item 4A was deferred until the next regularly scheduled Commission meeting.
January 27, 2000 104
Commissioner Regalado: The status of the Young Explorers Program of the Miami
Police Department, this has been deferred for several months now, and I think that,
briefly, I would just like to give you -- give the administration an idea that has been
given to me by police officers and community leaders, and they say that if we could
have the classes of the Young Explorers in different parts of the City, we will have
more participation of young men and women. We will have a more lively environment
in the parks in the evening, and it would be easier for the Young Explorers to attend,
since now they have to go to the headquarters of the Police Department. So, I would
like to ask the administration if there is the possibility of establishing this Young
Explorer Program throughout the different parks, with facility. And the reason is that
we do not need Park Department employees, because the police will bring its own
personnel, the one that trains these Young Explorers. I would tell you that I think it
would bring more people to the Young Explorers. I think that the young explorers is a
great organization, and I compliment you for having this, but I don't know, from the
logistical point of view, if this can be done throughout the parks of the City of Miami,
especially now that we contemplate for the future to have a new community centers in
Shenandoah, Gibson Park. We -- and Robert King High, which is in the other end of
the City, in Flagami, and throughout the City. So, that's was my issue on this matter.
Mr. H. A. Johnson: OK. H. A. Johnson, Miami Police Department. Mr.
Commissioner, currently our program -- we have -- with the kids, we have like an
"Invite -A -Night Program". That's what brings the kids into the program. The one
that's are interested in becoming young explorers. We just had our -- you mentioned
Robert King High. We had our camper out there this past Saturday, and it was a total
success with the Boy Scouts of America. But bringing it to the parks, we probably
could look at rotating it through the NET (Neighborhood Enhancement Team) areas
and try to get the kids. Because the criteria that we have is, we need 14 year olds or
older. We look at young adults at that age group. And it's a possibility that we could
run it through the NET areas and get more people to get involved with it.
Commissioner Regalado: And the reason that I asked is because -- I don't know. I
talked to a kid in Wynwood several weeks -ago and it was very interesting, this
conversation. He said that, you know, I participate in the Young Explorers but where
I'm here in my neighborhood, I kind of not tell the people. However, if they will see
me with the police and the other kids in this park, then they would respect me more.
Is that something that makes sense? Probably is. But I'm just -- I'm just telling you
what I think it could bring more young men to this group.
Mr. Johnson: And I concur with you. I believe that if we, like you said, rotate them
through the NET areas, we probably could get more kids. Currently, we have three
posts that you're well aware of, the south district, the north district, and central
station. So, most kids that belong to those particular posts, they go to meetings at
those particular sites. So, Wynwood, that kid there would probably come to central
station to participate in the meetings.
Commissioner Regalado: Yeah, he did. Yeah, he did. Well, thank you. But you
January 27, 2000 105
would consider that and maybe give us a report on --
Mr. Johnson: Yes, sir, I will.
Commissioner Regalado: Thank you, sir.
Mr. Johnson: You're welcome.
Commissioner Regalado: Mr. Chairman, I -- item C is concerning methods for
Commissioners to receive information related to their district, and, you know, I cannot
complain about the flow of information from the administration to the Commissioner.
Are you happy? But I think, I think, that there are things that we need to know, and if
we choose, we attend. If you look at the -- if you look at the monthly NET report, you
will see that the NET administrators, in one line said, "Community meetings," and 12,
14 or none. To my knowledge, I think -- I have not ever been informed by a NET
office of a community meeting. I am informed by the Neighbors Association if they
choose to invite us. So, my question was, were those community meetings -- is it one
person? Is it five persons? Is it a neighbors association? Is it a problem that they
have and they call and that's called a community meeting? Because, if it is, then, you
know, we will not be running to whatever problem? But, if there is a community -
meeting, an area that wants to meet with a NET director or members of the Police
Department, the district Commissioner should be, at least, informed. That's one of the
things that I think is part of this issue.
Mr. Donald Warshaw (City Manager): And, Commissioner, you're right, and we can
give you that information so you know -- one of the things I demand and expect from
the NET administrators, that they are not sitting in the offices, that they are out there,
that they have a full understanding of their neighborhoods and, yes, they do, in
evening hours, often times attend small neighborhoods, civic associations,
condominium groups, homeowner's association groups, and they have to document
those on those monthly reports. Some of them are very small. For example, often
times we get mail, even from your office, where you say, "There is a problem in a
particular neighborhood," or you've identified a problem where several residents are
complaining about crime or they have complaining about some other issue in the
neighborhood. I sent that out as a tickler from the Manager's office, send the NET
administrator, who are representatives of NET, and sometimes meetings take place as
a result of that. So, if you want to be made aware of that, I'm not sure what that
mechanism is because sometimes they happen, you know, in a day or so after they get
that. Because we turn around those things in four or five business days. I don't know
if you want to know about those things that you've asked us to investigate, but I can
assure you, we can provide you with all that information. But there is a lot going on
between the NET Offices and citizens. They are not necessarily big meetings and big
groups, but...
Commissioner Regalado: No. Mr. Manager, the issue is not how the NET functions.
They are functioning very well. The issue is that you, as a Commissioner, you get --
most of the time you get the complaints and you get the heat or sometimes thank you.
January 27, 2000 106
The problem is that you need to know what is the situation in certain areas of your
district, and if there is a situation, there are way that's you can help, through the
administration. And my point is that it will be easier to establish a mechanism by
which the NET Office, probably finds doubt that there is a community meeting or a
group that wants to talk to the City officials and they can just either call or fax the
Commissioner of that district office, and I think that that's part of the information.
Mr. Warshaw: That will be fine. There is no problem at all with that.
Commissioner Regalado: There are other issues to that issue, but my Chairman isn't
patient. So, I'll just move on.
Vice Chairman Gort: We've got a lot of people waiting for zoning. Planning and
Zoning is coming up.
Commissioner Regalado: I know. I know.
Vice Chairman Gort: But what other issues you have?
Commissioner Regalado: I would ask the City Attorney, on the status of the Ad Hoc
Committee that was created by the City Commission, and when the committee will
start its meetings? .
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, if I may? The Ad Hoc
Committee apparently has not received the appointment of members from
Commissioner Winton, Teele, Sanchez, and Mayor Carollo. There has been three
appointments made to the committee so far, but at this point, it has not met.
Commissioner Winton: I just --
Mr. Walter Foeman (City Clerk): Mr. City Attorney, I think, as we talk.
Commissioner Sanchez: I have made --
Mr. Foeman: Commissioner Winton has just proffered his appointment.
Commissioner Sanchez: So have I.
Mr. Foeman: And so has Commissioner Sanchez, who I happen to have.
Commissioner Sanchez appointed Eladio Armesto, and --
Commissioner Regalado: So -- and so, we almost have a full committee almost --
Mr. Vilarello: At this point, the committee could organize and meet and, of course,
we'll provide guidance to the committee on how to do that.
January 27, 2000 107
Commissioner Regalado: OK. Can we do this for -- I mean, next week? I should call
your office to --
Mr. Vilarello: I certainly will make myself available at the conveniences of the
committee.
Commissioner Regalado: Thank you.
Commissioner Regalado: And the other issue, members of the Commission, I think is
important, and we have here several members of the community, and it ties somehow
to this issue and, on the last day of March, NACARA will end. NACARA is a law
passed by Congress, whereby Central Americans and Cubans are adjusting their
immigration status. The problem is that those forms that have to be submitted to INS
(Immigration and Naturalization Services) do cost about eight hundred dollars ($800)
per person, without an attorney, and as of now, there are thousands of people who
have not applied, and if they do not apply, they will be subject to deportation
proceedings. Some of the leaders of this groups that push through Congress this item
are requesting from the different municipalities -- and they already have the County
on record -- that we go on record asking the administration to extend the NACARA
deadline. So, my motion will be to ask the administration, the Federal Government to
extend for six months the deadline of NACARA. That is a motion.
Vice Chairman Gort: To draft a resolution requiring six months extension. Is there a
second?
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and second. Any discussion? Being none, all in
favor state --
Commissioner Teele: Let me just say this. You know, the dilemma, my dear
colleague, is the fact that Haitians are not included, at all, and, you know, I would
appreciate --
Vice Chairman Gort: Make a motion.
Commissioner Teele: -- if you would consider an amendment to the motion --
Commissioner Regalado: Oh, Absolutely. Oh, absolutely.
Commissioner Teele: -- that extends and further would include Haitians for the same
treatment.
Commissioner Regalado: Oh, absolutely. This is a -- you know, the law of Congress.
But absolutely.
January 27, 2000 108
•
•
Commissioner Teele: But if we're applying -- if we're going to send a resolution to
extend it, let's at least --
Commissioner Regalado: Absolutely. I think that --
Commissioner Teele: And I don't mean to be --
Commissioner Regalado: No. I think that what we saw -- what we saw with this
woman that --
Vice Chairman Gort: It's a motion
amendment?
Commissioner Regalado: Absolutely.
Vice Chairman Gort: OK.
Do the maker of the motion accept the
Commissioner Regalado: Oh, yes, absolutely. And asking the administration to
include the adjustment of status for Haitian in the United States.
Vice Chairman Gort: OK. It's been moved and second. An amendment has been
accepted. Any further discussion? Being none, all in favor state by saying aye.
The Commission (Collectively): "Aye."
Vice Chairman Gort: No nays.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 00-100
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
FEDERAL GOVERNMENT TO EXTEND THE DEADLINE FOR A
PERIOD OF SIX MONTHS FOR THOSE INDIVIDUALS ELIGIBLE
TO FILE APPLICATIONS AND TO GAIN LAWFUL IMMIGRATION
STATUS UNDER THE NICARAGUAN AND CENTRAL AMERICAN
RELIEF ACT ("NACARA"); FURTHER URGING THE FEDERAL
GOVERNMENT TO ADOPT AND IMPLEMENT LEGISLATION TO
EXTEND THE SAME RIGHTS AND PRIVILEGES GRANTED
UNDER NACARA TO HAITIAN IMMIGRANTS; AND DIRECTING
THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION
TO THE OFFICIALS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
January 27, 2000 109
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: *Commissioner Joe Sanchez.
[*Although absent, in agreement.]
Vice Chairman Gort: Any other things, Commissioner Regalado?
Note for the Record: Commissioner Regalado deferred his other district items for the
next regularly scheduled Commission meeting.
Commissioner Regalado: Mr. Chairman, I would defer the other items for next
meeting.
Vice Chairman Gort: Pocket items. Do you want to leave the pocket items for after
the Planning? You want to take five minutes and go into Planning? That's a pocket
item. He wants the painting to be done in Allapattah as a pocket item. You guys want
to take a five minute recess and come back, and we'll do pocket items later, after
Planning and Zoning? What is the wish?
Commissioner Winton: Whatever. You're the Chairman. You tell us.
Vice Chairman Gort: Five minutes. We'll come back in five minutes.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 5:04 PM AND RECONVENED
AT 5:10 PM, WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT.
Vice Chairman Gort: Thank you. OK. Item 1. I'm sorry. I got a request from
Commissioner Winton.
Commissioner Winton: I read in the paper yesterday that the Commission had
approved an appeal of the Judge's ruling on the strong -- on the whole referendum on
the Strong Mayor, and I didn't vote on the idea for the appeal, and -- so, I'm curious
as to how the process works that lead to the decision that the Commission, which I
wasn't a part of, made the decision to actually file the appeal?
January 27, 2000 110
C:
Vice Chairman Gort: Mr. Attorney, you want to answer that.
Mr. Alejandro Vilarello (City Attorney): Commissioner, if I may? Notwithstanding
the good work of the reporters of the Herald, often there is misquotes and information
that's not exactly accurate within that fine newspaper. One of the issues is the
concept of the City Commission authorizing the appeal. Of course, you understand, in
this case, because of a conflict of interest, the City Commission hired outside counsel
sell, the law firm of Akerman, Senterfitt, which has represented the City in that
litigation. The firm -- once Judge Smith entered her order, the firm asked me whether
it was necessary to receive Commission approval to file the appeal, and I told them
that they needed to exercise their best judgment in preserving the interest of the City
Commission and the voters that passed the charter amendment, an that they had the
authority to proceed with an appeal, if they thought that that was in the City's best
interest, and that is consistent with my advice on cases where I'm handling the
representation of the City, because it's my responsibility to preserve the best interest
of the City Commission, and the City Commission authorize the initial representation.
Commissioner Winton: So, historically, if we've had a lawsuit and we have outside
counsel working on that lawsuit, and there is a ruling that could be subject to appeal,
the appeal process does not come back before this Commission. It just goes straight
through, with no further discussion from the Commission?
Mr. Vilarello: Correct. In fact, you -- since you've been on the Commission, you may
have noticed memorandums coming from me when I've asked whether or not there was
an objection to the dismissal of an appeal that we had already filed. Because of the
very short time frames for filing of appeals, it's often necessary for me to file that
appeal. Once we have an opportunity to review it, we might recommend to you a
dismissal of the appeal. But normally speaking, I would not -- not even normally
speaking. I would not come to you for authorization to file an appeal.
Commissioner Winton: Well, this issue, however, is a significant issue. It isn't-- it's
unlike any other issue that's likely to come before the City, and certainly unlike any
other issue that's been before us in the two months that I've been here. So, I guess --
I'm not sure, just from a policy standpoint, that that's a smart thing for us to be doing.
Because one of the things we also have to look at is what the costs associated with an
appeal is, and the costs of getting where we are versus the costs of the City if we don't
move forward, and I'm not sure if that analysis has been done. If it has, I'm not aware
of it. But that said, it just seems to me that an issue like this is one that we ought to,
as a Commission, revisit and make a group decision on whether or not we want to do
that appeal. So, I guess I'm asking that the Commission revisit the issue on whether
or not we want to appeal -- move forward with an appeal on the Judge's ruling? So, I
guess that need to come in a form of a motion. If it's going to go anywhere, which
would require a second. So, I will move that as a motion.
Commissioner Teele: Before you make the motion --
Commissioner Winton: Oh, I'm sorry. I will --
Vice Chairman Gort: There is a motion.
Mr. Vilarello: What is the motion?
January 27, 2000 111
Commissioner Winton: Hold on. Commissioner Teele, I will withdraw the motion for
the moment to accept the information you want to offer.
Commissioner Teele: Commissioner, I've served on a number of legislative bodies
and much has happened -- almost happened today when I moved in the MPO
(Metropolitan Planning Organization), your appointment, as the Chairman. The worst
thing in the world is to make a motion and not get a second. Just for a few moments.
You'll get over it. And I always had the policy, when I chaired, that I would always
give a courtesy second to most motion s. You know, this -- you won't understand this,
but the people I represent will. This Commission has seen the sort of bazaar behavior
in the past of one of the department directors, who happen to be a woman, even in the
old Miami Arena. I've heard stories about the manipulative behavior of some of our
senior managers, but I'm going to be very candid with you. After what I just
witnessed, I would not even give you the courtesy of a second if you made that
motion. And it has nothing to do with you, but it really has to do with something that
goes all the way back to slavery. I'm just not going to sit here and see how
manipulation of people, and how people start getting pitted against people, when
words are said in totally trying to distort and create a conflict when there is no
conflict. That kind of behavior is really not appropriate for intelligent people,
particularly people who hold offices of trust. But I see now how that works. I
thought I had seen it before, but now I saw it very clearly today. So, I want to just
say to Ms. Henry, don't get manipulated. I'm not making -- I'm not seconding any
motion.
Commissioner Winton: Commissioner Teele, I listened to everything you said just
then, and I'll have to admit, I obviously missed whatever that was.
Commissioner Teele: You would have to see the kind of behavior that went on over a
period of time relating to some community -- you'd have to understand how this
manipulation and how things get blown up that aren't even said, but made it look like,
well, .I'm defending you about something, which is just total, self-perpetuating BS.
The fact of the matter is no one put Ms. Henry's qualifications or her work ethics in
question. Only the Manager did that with his words. But it was being done in such a
way that it looked as if I was doing it. And I'm just saying it -- I'm just breaking the
code to all blacks that work for the City of Miami, don't get manipulated into that
kind of mentality.
Vice Chairman Gort: OK. What else?
Commissioner Teele: I won't second the motion.
Commissioner Winton: Well, I'm not trying to get into that-- whatever that is. That
isn't my -- I'm really focused on a different issue, and that is the issue of where this
City's going. Excuse me, please. I'm focused on an issue of where this City's going,
and an issue that does impact us greatly. And, Commissioner Teele, my concern isn't
-- I'm not interested in any of the personalities, frankly, from the Mayor on through
anything. And my position has never been about the personal tease. Mine is about
process.
Commissioner Teele: And mine is about authority an lines of authority and abuse of
January 27, 2000 112
0
authority, and the way this Charter works -- when you've got people calling
Commissioners and lobbying Commissioners against things that don't relate to the
agency or the entity, something is wrong when you've got that kind of manipulation
going. I'm only saying this to you -- and Commissioner Sanchez and others know
exactly what I'm talking about. I am not -- coming into this meeting, I had a.totally
different -- I may have been confused a little bit, but I'm very clear now on what -- I
cannot second that motion in good conscious, at this point. I think the debate -- the
discussion may have been helpful -- I don't think that we should establish a process of
short-circuiting appeals. I think there should be an ordinance, Mr. Attorney, that
codifies that everything is appealed because I think this is the third time -- and I'm
taking note today of The Miami Herald editorial, as well, which gives me personally
some concern because I really think that the editorial board has every right to give
their views. But I think, you know, there is one minor issue. The voters of the City
of Miami voted on something. I mean, we didn't -- you know, we're being blamed now
for what the voters approved and approved, you know -- so, I would like to discuss
this. But I think maybe the time and the moment is not as a matter of procedure, as I
said this morning in meetings all the time, government has the obligation to preserve
its orders and to preserve its rules, its laws, its regulations, and the procedures
routinely are an automatic appeal, as the City Attorney has said. I've only sat in one
body where we essentially voted, and that was after tremendous lobbying. It involved
single member districting, which was a 5/4 vote, 5 /4 vote not to appeal, and finally,
one of the Commissioners in the County reversed himself, but that's extremely rare,
and it's usually done with a lot of aforethought and discussion, which, quite frankly,
we have not had the opportunity to join you in, given your tenure here. But I don't
want -- I mean, I think -- I mean, I want -- I would like very much for you to be able
to register your no vote. That's what is bothering me. Because I would not vote yes
to appeal, but so that it's very clear -- you know, maybe we would all make a
statement of how we feel, but I would have -- I think it's important that you be on
record to your constituents, to the public, as saying you're opposed to this, and the
best way to do that is -- would be to vote no and, hopefully, the vote would be four to
one. But I just am not in a position to do that.
Commissioner Winton: Well, maybe -- because my mission here is not to put my
colleagues in a difficult position either. I do want to register for the record that I am
opposed to the process of the appeal, and a lot of reasons that go back -- and it's all --
it has nothing to do again with personalties. It just has to do with process and
procedure, and it's what -- it's the reason why I was against the Charter change in the
very first place, so I don't need to repeat that to my constituents because they heard it
a million times out there. And I also am not necessarily trying to deliver a message to
my constituents because they are going to be times when I'm going to vote on issues
that they probably are opposed to, and I am standing up for my own principals, and
from my own principal standpoint, I think that we're making a mistake by continuing
with the process. But, again, I don't want to -- we all have to work together as a team
to move forward the real agenda of this City long-term. So, I'm not going to do
something that, if there isn't a second and it's not going to come, then I'm not going to
put you all in a position that make -- that create some kind of new problem for you. I
think I've made my point, and I've said it to the -- I guess I've said it to the public,
which gives me a clear conscience that I've done what I can do, and I guess enough
said.
Vice Chairman Gort: OK. Thank you.
January 27, 2000 113.
Note for the Record: At this point, the City Commission closes consideration of the
regular portion of the agenda to consider items from the Planning and Zoning portion
of the agenda.
Vice Chairman Gort: Now, call item 1. PZ -1.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -1 is the request for
approval of the Allapattah Gardens Apartment proposal for consistency with the
Station Area Design and Development plan, the SADD (Station Area Design and
Development) plan for the Allapattah Metro -Rail Station, and also for the record to
adopt -- they are in your package -- the design -- I'm sorry. The development
standards, master plan development standards for the project at the Allapattah Metro -
Rail Station. The department has reviewed it and recommended approval. The
Planning Advisory Board had added a condition to the approval, that it be conditioned
that the landscape be required outside the fence and the project to soften the edges of
the project.
Vice Chairman Gort: Thank you. Yes, sir, Mr. Holtzman.
Mr. Walter Foeman (City Clerk): Mr. Chairman, may I swear in everybody at this
point?
Vice Chairman Gort: Oh, OK. I'm sorry. In the planning and zoning, everybody that
wants to testify has to be sworn in. Anyone that's going to testify, please stand up
and raise you're right hand to be sworn in.
Note for the Record: Vice Chairman Gort addressed the audience in Spanish.
Vice Chairman Gort: Anyone that's going to speak. Go ahead.
At This Point, The City Clerk Administered Required Oath Under Ordinance No. 10511 To Those
Persons Giving Testimony On Zoning Issues.
Vice Chairman Gort: OK. Thank you.
Mr. Sonny Holtzman: Mr. Chairman and members of the Commission, my name is
Sonny Holtzman, attorney, 2601 South Bayshore Drive, in Coconut Grove. But, Mr.
Chairman, if it's your wish to defer this matter, we'll certainly defer to that.
Vice Chairman Gort: Let's hear what it is. I want the -- what I'd like to do is, when
the City -- when the County originally planned the rapid transit, one of the things that
the County talked about is to create residential around the stops of the station in order
for the people to utilize this. My understanding, you have a project that deals with
January 27, 2000 114
the station. My understanding also is, unfortunately, there are certain opposition from
Homeowner's Association that's been fighting there for a long time to get rid of
crimes, to get rid of some of the problems that exist in that area. They believe and
they are under the impression. that this is low-income housing, and this is going to be
affected. I think affordable housing is something that could be created and well -
managed, it would be a very well institution. We have an example in Brickell west
that was built right here in downtown, right off Brickell. It's affordable housing, and
it's a beautiful project, and it responds very well. But I think, unfortunately, I receive
calls from the Homeowner's Association. You need to sit down with them because
they have some misunderstanding. And I°think it's important for you to sit down with
them and talk to them. I'll be willing, if it's OK -- if it can be done, if we can
continue this to the 7th, because I know they have certain limits in order to apply for
tax credits. Can we make a motion to continue this for if 7th, so they could be here
on the 7th?
Mr. Holtzman: When?
Vice Chairman Gort: For the seven. Oh, the 10th. The 10th. For the 10th. What I
would like to -- Mariano, I would like for you -- those people have tried to have
meetings with the Homeowner's Association. I'd like for you to take charge and sit
down with the Homeowner's Association, and make sure that that meeting takes place.
Because I think it's very important that you all meet with these individuals, and look
at all the pros and cons.
Mr. Mariano Cruz: You know, one thing, they never want to meet with me.
Vice Chairman Gort: Name and address, please.
Mr. Mariano Cruz: I am in the phone book.
Vice Chairman Gort: Name and address. Hey, name and address.
Mr. Cruz: 1227 Northwest 26 Street, Mariano Cruz.
Vice Chairman Gort: My understanding, they did have a meeting. It was very poorly
attended. They could not vote on it. So, I'm going --
Mr. Cruz: They never call me.
Vice Chairman Gort: They didn't tell you. So, from now on, make sure you get
together and you do that. Mr. Holtzman, you have one of the gentlemen right here.
Sit down with him and make sure you get an appointment -- not an appointment, but
you set up a meeting. And we'll continue and we'll bring it back for February the
10th. By any chance, this Commission can do any letter or anything to help you with
the application, we'll be more than glad to do so.
Mr. Joel E. Maxwell (Assistant City Attorney): Commissioner?
Vice Chairman Gort: For the tax credit. Yes, sir.
Mr. Maxwell: Mr. Chairman, you indicated, during your brief discussion just now,
January 27, 2000 115
that you'd received certain phone calls on this matter. Could you please disclose on
the record the nature of those phone calls?
Vice Chairman Gort: The phone calls came in from the Homeowner's Association or
the president of the Homeowner's Association. They spoke to one of my secretaries,
and she's previously talked to me personally. (Inaudible)
Mr. Maxwell: They were asking that they --
Vice Chairman Gort: They were asking, they would like to see -- they were under the
impression that this was a multifamily building, and they were under the impression
this was going to be single families and so on.
Mr. Maxwell: All right. As you know, -- this item does fall under Jennings
(phonetic) requirements.
Vice Chairman Gort: Right.
Mr. Maxwell: And because you've indicated on the record that there were ex parte
communications --
Vice Chairman Gort: Right.
Mr. Maxwell: That's why I asked you to disclose on the record that the applicant has
any questions of the Commissioner regarding those communications, he can do so at
this time.
Mr. Holtzman: I have no questions.
Mr. Maxwell: Thank you.
Vice Chairman Gort: OK. Commissioner Winton.
Commissioner Winton: Mr. Chairman, this whole issue of development around the
Metro -Rail stations, I'm just curious about the City's role, by the way, and I guess I
applaud the County for their thoughts about appropriate development around Metrorail
stations, but I want to make sure -- I don't understand what role the City has in
ultimate approval because those Metrorail stations are all in the middle of our
neighborhoods, and, so, there is a potential huge impact to our neighborhoods on any
of those .high -density developments that get built around Metrorail stations, and I'm
curious as to the City's role and responsibility in all that.
Ms. Slazyk: Right. Each one of those in the municipal boundaries will have to come
to the City Commission.. Unfortunately, our role is more of an approval for
consistency, with a study that was done approximately 20 years ago. When the
Metrorail system was being planned, they took a look at each of the sites within the
City and prepared a station area design and development plan, and we have those in
my department. I can, you know, get copies if you'd like. For each particular station,
it looked at the existing land use, future land use proposals, and the mix of uses that
would be appropriate at that station to take advantage of ridership of, you know, the
Metrorail system. For most of the stations, they called for fairly mid to high density
January 27, 2000 116
mixed use proposals. At Santa Clara, I think it was called for industrial because it's
in the middle of an industrial area, that employees could reach jobs through the Metro
there. But, otherwise, they were either residential or mixed, commercial residential
uses.
Commissioner Winton: But they are high-density development?
Ms. Slazyk: Fairly high density. And when I said unfortunately, one of the things
that was put into this ordinance is that we relinquish the permitting powers, special
exception, and variance powers to the County. The City does get the taxes, but we
gave the final review and approval of design to the County. We review for a
consistency, and, in this one, it's a multifamily, not really high- density. It's a mid
density project. It would have complied with the under lying zoning anyway, so we
found it to be consistent with the plan that was done for the Allapattah station. But
the final design review is the County's.
Commissioner Winton: I guess, just for the benefit of the public, and particularly, the
development community, the problem that I have with this is that most of these Metro -
Rail stations, at least in the City of Miami, are located in single family residential
neighborhoods, so it's very different than Metrorail stations that might be plopped in
the City of -- in the middle of downtown Miami, where high- density development is
not only expected, but is appropriate. But high-density development jammed right up
against single-family homes creates a huge problem. And, Sonny, you weren't here
earlier, but I've made that statement a number of times. The reason that Miami is the
fourth poorest City in America is because of the neglect that government has imposed
upon our single family residential neighborhoods throughout the City, and it's been
through poor planning, poor zoning, and non existing code enforcement. And we've
literally -- you can see these examples all over the City where we've built high density
development on some major -- not even major, but significant surface area corridors
with absolutely no regard to the single family residential neighborhood that abutted it,
and the home values of those homes that abutted the commercial high density
development fell right off the map, and that began the cancerous process that led to a
whole neighborhoods, and was a part of the process that led to whole neighborhoods
really getting damaged. So, I don't know if there is anything else we can do, but I
hope that, at minimum, we can go, as partners, and meet with the County, and talk
with them about the appropriate density within those corridors and the appropriate
buffers to protect the neighborhoods that adjoins those developments.
Ms. Slazyk: Yes. The City is represented at a committee level with representatives
from all the other municipalities that have Metrorail stations through them in
preliminary reviews and selection of development for the station sites. So, we do
have representation, and we do get this opportunity, you know, to review each one as
they come through. We just don't have a whole lot of weight, because the final
approval is the County's.
Commissioner Winton: Well, maybe if -- and I would volunteer -- I mean -- or any of
the other Commissioners -- if we need some additional support -- I mean, we would
Vice Chairman Gort: You got it. You're it.
Commissioner Winton: -- I mean, we would -- you know --
January 27, 2000 117
Vice Chairman Gort: You're it. Do I have a motion? It's been moved and second.
Thank you. Congratulations.
Commissioner Winton: Because I would love to -- I don't mind sitting and talking to
them in trying to get them convinced that we were not opposed to the document. We
just want the right development at those Metrorail stations that does the right thing
for everybody.
Vice Chairman Gort: Mr. Attorney, you asked me, there are many individuals that
have called me on this item, and both for and opposition, and not going into specifics,
but the project and so on. Just want to state it on the record.
Mr. Maxwell: Yes. Earlier, when you were commenting, you indicated that you had
received telephone calls on this particular item, and you indicated that there had been
calls -- you specifically mentioned, at that time, the calls from the -- I think the
opponents.
Vice Chairman Gort: Right.
Mr. Maxwell: At that time.
Vice Chairman Gort: And the proponent also, before they even went into specific, they
came to me and they talked to me, that they were planning to go into the (inaudible)
and they were planning to go into the County and so on. So, both sides have been
there, represented.
Mr. Maxwell: And when that side came, is there any specific information that they
gave you?
Vice Chairman Gort: Not that I recall.
Mr. Maxwell: All right.
Vice Chairman Gort: OK. So -- what I'd like to do is have it continued, go back and -
- I'm going to request a little something. The other fear that the neighborhood had, if
you look right behind the property, there is about thirty or forty abandoned single-
family homes. Maybe, somehow, you can talk to the County, if they can give it all to
you, and you guys can do something with that property also. It's some additional --
OK. Do I need a motion to continue?
Mr. Maxwell: Yes, sir, and to a date certain.
Vice Chairman Gort: Motion to continue to February the 10th.
Mr. Maxwell: Commissioner?
Commissioner Winton: Second.
Mr. Maxwell: Mr. Chairman, could I -- I may be of some assistance to the
Commission in situations like this because I understand that you all are put in
January 27, 2000 118
(inaudible) situation on P and Z items very often because the public doesn't
understand or is fully aware of the prohibitions on parties to items that come before
you, quasi judicial items communicating with you all off the public record. The
Commissioners are prohibited by law from communicating with these Commissioners
when they sit in a, what's called a quasi-judicial capacity, and that's almost all land
use matters. It's not all, but it almost covers all of them that they have. Therefore,
they can't accept telephone calls, communications of any kind, which would include,
e-mail, fax, anything like that, other than at a public hearing. If you do send a letter-
- they can accept letters. Those letters would then have to be placed into the public
file for scrutiny by all parties. That includes opponents, proponents, regardless of
whether or not you have directly involved or not, they cannot communicate. That's
why, when that occurs, it is necessary for us to try to cure it in some way, and that's
what you just observed.
Vice Chairman Gort: Thank you. Commissioner Teele.
Commissioner Teele: Mr. Chairman, you know, I think the attorney should give us a
legal opinion and an analysis on our role on the Metrorail. I know the other -- that
special counsel has discussed this with us, but I really do think that it's important that
we understand that we have no authority, no binding powers -- and this thing blue up
before. I think there was a children's museum issue there around Vizcaya, and, you
know, we took up hours and hours, and a lot of people thought they had to come down
here and convince us; then they were really upset when they realized that the decision
or the recommendation we made was a mere, naked recommendation. The County --
long before Metrorail was built, the County, as a part of the planning and
construction, as counsel has said, special counsel has said, the Planning Department
has said, basically preempted and took away all of the City's authority in zoning -- in
land use on the Metrorail stations, and, for that reason -- I mean, I really do think that
we can -- there are a lot of things that we can do, but there are some things that we
can't do. That's a matter of County ordinances, is it?
Mr. Maxwell: Yes, sir. It's part of the County ordinance, but it's also included,
almost verbatim, in the City code, that section.
Commissioner Teele: I mean, we could repeal ours, but it would have no affect.
Mr. Maxwell: In is zoning code. I'm sorry.
Commissioner Teele: It would have no affect if we repealed ours. So, I mean, I just
think we don't need to hold the public up. I mean, one of the concerns that I have --
and I do think that we do have some legitimate issues -- we need to make sure that
anyone that's doing anything on these Metrorail stations understand that there will be
no municipal support for these things because what will happen is, this thing --
whatever it is could get passed and then they'll come back through the other door and
ask for Community Development funds or ask for waivers and this, and I think that's
where we need to focus -- sir?
Commissioner Winton: That's where we have leverage.
Commissioner Teele: That's where we have leverage, and that's where we need to
focus. Is this a homeownership project?
January 27, 2000 119
Vice Chairman Gott: No, rental.
Commissioner Teele: This is rental or homeownership? And, of course, that's
directly in conflict with the policy that we've announced, but that in no means, is a
reason that it shouldn't go forward. I mean, the City has said we're going to take our
CDBG (Community Development Block Grant) resources now and 80 percent of that
money or whatever the percentage of that money we agreed on is going to go for home
ownership, and rental units are no longer going to get the kind of consideration for
public support that they got in the past. I mean, we did that a year or so ago. So, -- I
mean, I think there is leverage, but I really don't think that we ought to frustrate or
either the developer or the lawyers -- this is a form that's going to be decided in the
County Commission and, other than providing advice, we really have very limited
authority.
Vice Chairman Gott: OK. There is a motion. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gott: All in favor state by saying aye.
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-101
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ -1 (PROPOSED APPROVAL OF ALLAPATTAH GARDEN
APARTMENTS PROPOSAL TO BE LOCATED AT
APPROXIMATELY NORTHWEST 36 STREET AND 12 AVENUE
FOR CONSISTENCY WITH STATION AREA DESIGN AND
DEVELOPMENT PLAN AT ALLAPATTAH METRORAIL STATION)
TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR
FEBRUARY 10, 2000.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gott
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
January 27, 2000 120
Commissioner Sanchez: What PZ item are we on?
Vice Chairman Gort: PZ item 2.
Commissioner Teele: Wow!
Vice Chairman Gort: Extension of the DRI (Development of Regional Impact).
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -2 is an extension of
a DRI (Development of Regional Impact) for the Brickell Square Project. We have
not -- as of yesterday, we didn't. Did you receive the letter? OK. As Of yesterday, I
hadn't received the letter from DCA (Department of Community Affairs). OK. It
came in yesterday. They have -- The DCA has no objection, so we would recommend
for approval. It's a time extension on the DRI.
Vice Chairman Gort: Yes, ma'am. Yes.
Ms. Lucia Dougherty: Lucia Dougherty, 1221 Brickell Avenue. Here today on behalf
of the owner and the applicant, and here to answer any questions. If you'd like, we
have a recommendation of approval from the staff, as well as the DCA. And it's
simply a five-year extension on a DRI, which the first building has been built. It's at
the Southeast corner of 8th and Brickell. You may know it as the One Brickell Square
Project. That project was approved as phase 1. That was a first phase II and III. This
is an extension for phases II and II1.
Commissioner Winton: Is this a first extension?
Ms. Dougherty: No, there have been several.
Commissioner Winton: And which -- which is really my question. You know, how
many extensions do we do before this owner really does something?
Ms. Dougherty: I think that -- Jack Lowell, from Cardena Group is here. And I think
that is proof, in and of itself that the owner is now in the process of trying to do
something. The market was never terribly good before now.
Commissioner Winton: I agree.
Ms. Dougherty: You're shaking your head, so you know. So the market was never
good before now. He's now in the process of trying to find us a joint venture partner,
or a tenant, a --
Commissioner Winton: And, so -- OK. So, the request is for five -- just a single five
- year extension?
January 27, 2000 121
Ms. Slazyk: Yes. The positive side to this for downtown is that because this is a free
standing DRI, they don't dip into to our credits in the area of wide -- DRI. So, it's to
downtown's benefit that this projects stay in their own DRI.
Commissioner Winton: Got it. So moved.
Commissioner Sanchez: Second.
Vice Chairman Gort: Any further discussion? All in favor state by saying aye.
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-102
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT (S), AMENDING A PREVIOUSLY
APPROVED DEVELOPMENT ORDER (RESOLUTION NO.
85-1060, ADOPTED OCTOBER 10, 1985, AS AMENDED
BY RESOLUTION NO.89-410, ADOPTED APRIL 27, 1989,
RESOLUTION NO. 92-597, ADOPTED SEPTEMBER 24,
1992, RESOLUTION NOS. 94-597 AND 94-598, ADOPTED
JULY 26, 1994, RESOLUTION NO. 96-290, ADOPTED
APRIL 25, 1996, AND RESOLUTION NO. 97-554,
ADOPTED JULY 24, 1997, FOR THE BRICKELL SQUARE
PROJECT, PHASES II AND III, LOCATED AT
APPROXIMATELY 845-999 BRICKELL AVENUE,
MIAMI, FLORIDA, A DEVELOPMENT OF REGIONAL
IMPACT, PURSUANT TO SECTION 380.06, FLORIDA
STATUTES, AND A MAJOR USE SPECIAL PERMIT,
PURSUANT TO PRIOR ZONING ORDINANCE NO. 9500,
BY AMENDING THE DEVELOPMENT ORDER TO
APPROVE: 1) A TIME EXTENSION FOR
COMMENCEMENT DATE FROM DECEMBER 31, 1999
TO DECEMBER 31, 2005; 2) A TIME EXTENSION FOR
COMPLETION DATE FROM DECEMBER 31, 2001 TO
DECEMBER 31, 2007; AND 3 ) AN AMENDMENT TO
CONDITION NO. 28 TO PROVIDE A TIME EXTENSION
FOR THE DATE AT WHICH THE DEVELOPMENT
ORDER SHALL BE CONSIDERED NULL AND VOID,
FROM DECEMBER 31, 1999 TO DECEMBER 31, 2007;
FINDING THAT SAID CHANGES DO NOT CONSTITUTE
A SUBSTANTIAL DEVIATION; MAKING ADDITIONAL
FINDINGS ; INSTRUCTING TRANSMITTAL OF COPIES
OF THIS RESOLUTION TO AFFECTED AGENCIES; AND
PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
January 27, 2000 122
0
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
Vice Chairman Gort: PZ -3.
Commissioner Sanchez: PZ -3.
Chairman Johnny Winton: This should be John Jackson. John Jackson, acting
Director, Public Works. Commissioners, PZ -3 is an official vacation closure of a
public right-of-way. It's the applicant is big time equipment. The' closure area is
Northwest Miami Court, from 14th Street to 15th Street.
Commissioner Winton: So moved.
Commissioner Sanchez: Second.
Vice Chairman Gort: Moved and second. Any discussion? Being none, all in favor
state by saying "aye."
The Commission (Collectively): "Aye."
January 27, 2000 123
•
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-103
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 NORTHWEST NORTH MIAMI COURT
FROM NORTHWEST 14TH STREET TO NORTHWEST
15TH STREET AND THE ALLEY LOCATED AT BLOCK
41 OF THE WADDEL'S ADDITION SUBDIVISION FROM
NORTHWEST 14 STREET TO NORTHWEST 15TH
STREET FOR THE PROPERTY LOCATED AT
APPROXIMATELY 59 NORTHWEST 14TH STREET,
MIAMI, FLORIDA; AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED HERETO
AND MADE A PART HEREOF.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you. PZ -4
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -4 and 5 are
companion items for a land use and zoning change. Second reading for the TCI
(Telecommunications, Inc.) property. Remember, you heard this at the last meeting?
You recommend -- you voted in favor of it at first reading on December 14.
Commissioner Winton: Move it.
Commissioner Sanchez: Second.
January 27, 2000 124
Vice Chairman Gort: Second. Discussion? Being none, all in favor state by saying
"aye "
Mr. Joel E. Maxwell (Assistant City Attorney): It's an ordinance, Commissioner. Mr.
Chairman, it's an ordinance.
Vice Chairman Gort: an ordinance. I'm sorry. Read it.
Commissioner Sanchez: Call the roll.
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 PROPERTY LOCATED
AT APPROXIMATELY 724 NORTHWEST 14TH STREET,
MIAMI, FLORIDA, FROM DUPLEX RESIDENTIAL TO
GENERAL COMMERCIAL; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of December 14, 1999, was taken up for its second
and final reading, by title and adoption. On motion of Commissioner Winton, seconded by
Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was
passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11883.
The Ordinance was read by title into the public record by the City Attorney.
January 27, 2000 125
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): Five is a companion.
Vice Chairman Gort: Second reading also.
Commissioner Winton: Move it.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second. Discussion? Being none, read the
ordinance. Call the roll.
Mr. Rafael Ruiz:
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
PAGE NO. 24 OF THE ZONING ATLAS OF ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL AND
SD -12 BUFFER OVERLAY DISTRICT TO C-2 LIBERAL
COMMERCIAL DISTRICT FOR THE PROPERTY LOCATED AT
APPROXIMATELY 724 NORTHWEST 14TH STREET MIAMI,
FLORIDA, EXCEPT FOR A ONE FOOT (1') PERIMETER RUNNING
ALONG THE WEST BOUNDARY OF THE HEREIN DESCRIBED
PROPERTY AND SUBJECT TO PLANNING DEPARTMENT
APPROVAL OF NEW LANDSCAPE PLANS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
January 27, 2000 126
was passed on its first reading, by title, at the meeting of December 14, 1999, was taken up for its second
and final reading, by title and adoption. On motion of Commissioner Winton, seconded by
Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was
passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11884.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -6 and 7 are
companion land use zoning change from duplex residential to restricted commercial
shall. This is for property just off of Coral Way, along 22nd Terrace. It was
recommended for approval by the Planning Advisory Board and for approval by the
Zoning Board. The department had recommended denial of this because it was a
straight change to restricted commercial, and we're not allowed to consider covenants.
But I believe the applicant at the Zoning Board level had proffered a covenant. The
covenant was to do a specific project on this parcel. Again, the objection -- our
objection is that C - 1 really leaves two wide an array of uses that could potentially
have adverse affects on the adjacent duplex neighborhood, but the lower boards, you
know, had listened to the proposal and recommended approval.
Commissioner Regalado: Mr. Chairman, I -- last time I deferred this item. This is in
district 4. I'm -- I visited the area and I received information, read the background
information, and I'm ready to move the item.
Commissioner Winton: Second.
Vice Chairman Gort: Wait a minute. Is the public -- is.anyone here to testify on this
item? Anyone here to testify on this item? OK.
Mr. Joel E. Maxwell (Assistant City Attorney): Commissioner?
January 27, 2000 127
•
Vice Chairman Gort: Yes.
0
Mr. Maxwell: Mr. Chairman, again, Commissioner Regalado just made a statement.
When you visited the site, you --
Commissioner Regalado: I did not talk to neighbors.
Mr. Maxwell: You said -- just clarification.
Commissioner Regalado: I said I visited -- I visited the area to see by myself, and
read the background information. That's what I said.
Mr. Maxwell: OK.
Vice Chairman Gort: There is a motion. Is there a second?
Commissioner Sanchez: Second.
Mr. Walter Foeman (City Clerk): Yes.
Commissioner Winton: Wait. But -- let me -- I seconded it, but let me make sure I
understood -- I made a -- may have -- what's the motion?
Commissioner Sanchez: The motion to move. Accept.
Commissioner Regalado: To approve it.
Commissioner Winton: Well, but we're -- are we approving --
Ms. Slazyk: It's the companion item, where you would accept the covenant.
Commissioner Winton: OK. So we're approving the acceptance of the covenant?
Ms. Slazyk: You approved the --
Mr. Maxwell: No, no. You have two items before you. PZ -6 is a comprehensive
plan. That's the land use change. You're not -- you don't consider covenants with
that. It has a companion item. That's item seven. That one you can consider
voluntary covenants. So, you -- voting on this one, you're not considering a covenant.
Voting on the next one, you would be considering a covenant.
Commissioner Winton: Well, -- and, Commissioner Regalado, I'm just trying to make
sure that we're both doing is allowing ourselves to get to the issue of the covenant,
and that we're not flowing this, thing out without hearing the covenant. And I think
that's what you're trying to do and it's certainly what I'm trying to do.
Ms. Slazyk: Yes.
Vice Chairman Gort: OK. What you need to understand, this is first reading. This
has to come back in front of us for second reading.
January 27, 2000 128
Ms. Vicky Garcia -Toledo: For the record, Vicky Garcia- Toledo with offices at 2500
First Union Financial Center. And we would like to proffer into the record that we
have met with the neighbors in the area. They are very excited about the project,
because we are voluntarily proffering a covenant that is tying ourselves to a design
that will not have any vehicular access to the town homes facing 22nd Terrace from
22nd Terrace. We will be coming back, not only on second reading, but the project, as
envisioned and presented and tied to in that covenant requires a major use special
permit. It is a mix -use residential tower, commercial on the frontage on Coral Way,
with the townhouses on the rear on 22nd Terrace. We can do a full presentation today,
or we can wait until we come back for the major use. It's your pleasure.
Vice Chairman Gort: No, no. We can do that on first -- second reading.
Commissioner Sanchez: Is there any opposition?
Vice Chairman Gort: I asked for that. Is there anyone in opposition to this item? Is
there anybody that wants to speak on this item and there was none.
Commissioner Sanchez: No.
Vice Chairman Gort: And there was none.
Commissioner Sanchez: Call the...
Vice Chairman Gort: OK.
Commissioner Regalado: Call the roll.
Vice Chairman Gort: Read the ordinance.
Commissioner Sanchez: Call the question.
(Comments made during roll call.)
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
PROPERTIES LOCATED AT APPROXIMATELY 3163,
3165, 3171, 3175, AND 3179 SOUTHWEST 2ND TERRACE,
MIAMI, FLORIDA, FROM DUPLEX 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.
January 27, 2000 129
was introduced by Commissioner Regalado, seconded by Commissioner, Winton and was passed on first
reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
The Ordinance was read into the public record by the City Attorney.
Commissioner Teele: This is first reading, right?
Mr. Walter Foeman (City Clerk): Yes.
Vice Chairman Gort: PZ -7.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -7 is the companion,
and this is the one where you would accept the voluntarily proffered covenant, which
the applicant will then give to the Law Department so we can review and approve.
Mr. Joel E. Maxwell (Assistant City Attorney): You're not accepting the covenant.
They are simply proffering it at this time.
Ms. Vicky Garcia- Toledo: We're proffering the covenant voluntarily on the record.
Vice Chairman Gort: They are voluntary --
Mr. Maxwell: Yeah. You would accept it at second reading.
Vice Chairman Gort: Tomas. Commissioner Regalado.
Commissioner Regalado: I'm sorry. It is in my district, yes. What --
Commissioner Winton: Accepting the covenant.
Mr. Maxwell: Commissioner --
Commissioner Regalado: I'll move that item.
January 27, 2000 130
Vice Chairman Gort: Change of zoning.
Commissioner Sanchez: Second.
Mr. Maxwell: Commissioner, just for clarification. You're not accepting the
Covenant at this point. They are offering it because it has to be reviewed.
Commissioner Winton: Accepting the offer.
Mr. Maxwell: Yes, sir.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
An ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING PAGE NUMBER 42 OF THE ZONING AT
LAST OF ORDINANCE NUMBER 11000, AS AMENDED,
AS ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4 /SECTION 401; SCHEDULE OF
DISTRICT REGULATIONS BY CHANGING ZONING
CLASSIFICATION R-2 TO TWO FAMILY RESIDENTIAL
TO C-1 RESTRICTED COMMERCIAL FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 3163,
3165, 3171, 3175 AND 3179 SOUTHWEST 22ND
TERRACE, MIAMI, FLORIDA; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Regalado, seconded by Commissioner Sanchez, and was passed on first
reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The Ordinance was read into the record by the City Attorney.
January 27, 2000 131
Ms. Garcia- Toledo: Thank you. Commissioner, with your leave, if -- and with Ms.
Dougherty's permission, if I could have you hear numbers 10 and 11, which, I believe,
are not controversial?
Vice Chairman Gort: Well, in here you never can tell, but -- sure, no problem. In
here, you never can tell.
Vice Chairman Gort: But sometimes these non controversial -- OK. PZ -10.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -10 and 11 are
companion items for land use and zoning change from office and high density
multifamily residential to restricted commercial. This one is actually related to the
previous two items, eight and nine, in that the Planning Department conducted a study
of this particular 2"d Avenue Coral Way corridor, and with the coming of the Publix
and the Walgreen's at that intersection and with the approval, you know, throughout
the past several years of three thousand or plus residential units in the downtown
Brickell area, this intersection was -- is ideally suited to serve as a commercial node
for support retail and services for the residential area surrounding the central and west
Brickell and Brickell corridor. So we recommend approval of this. It was also
recommended approval at the Planning Advisory Board and at the Zoning Board.
Commissioner Sanchez: So moved.
Commissioner Winton: Second.
Vice Chairman Gort: Wait a minute. First, is there anyone in opposition to item 10?
Is there anyone here in opposition to item 10? 201,203 Southwest 13`h Street, 1216
Southwest 2"d Avenue. OK. It's been moved and second. Read the ordinance.
January 27, 2000 132
•
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
PROPERTIES LOCATED AT APPROXIMATELY 201 AND
203 SOUTHWEST 13 STREET AND TO 1216
SOUTHWEST 2 AVENUE, MIAMI, FLORIDA, FROM
OFFICE AN 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.
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 Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The Ordinance was read into the record by the City Attorney.
Vice Chairman Gort: PZ -11.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning)
zoning change.
Commissioner Sanchez: First reading. So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Moved and second. Any discussion?
ordinance. Call the roll.
January 27, 2000
PZ -11 is a companion
Being none, read the
133
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING PAGE NUMBER 37 OF THE ZONING ATLAS OF
ORDINANCE NUMBER 11000, AS AMENDED, AS 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 AND O -OFFICE
TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 1, 201 AND 203 SOUTHWEST
13TH STREET AND 2, 1216 SOUTHWEST 2ND AVENUE, MIAMI,
FLORIDA, CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
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 Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The Ordinance was read into the record by the City Attorney.
Vice Chairman Gort: PZ -8.
Ms. Lourdes Slazyk (Assistant Director, Planning): OK. Back to PZ -8 and 9 are companion items. This is
across the street from the one you just approved. This would complete the four corners of this commercial
note having the restricted commercial land use and zoning category. There are several parcels on this block
that are not in this application and it's interesting that the one right on the corner, that is not part of this
application, is currently an auto service station use, which makes it a nonconformity, with the existing
zoning, and restricted commercial would probably be more appropriate: This would take the rest of the
property, as shown in your package, and bring it to a restricted commercial category, so that it could also
serve that function in the neighborhood.
January 27, 2000 134
Vice Chairman Gort: OK. Thank you. Yes, ma'am.
Ms. Lucia Dougherty: Good afternoon. Lucia Dougherty, with offices at 1221 Brickell Avenue. Here today
on behalf of Trion Ventures, Incorporated, which is the Contract Purchaser and lessee, and it's the developer
of the Walgreen's property, which is directly category -- caddy corner to this property, which you'll see in
green. The property that you just voted on is located directly across the street in blue and the property in the
corner, that is not included in this application, is the gagDline service station that Lourdes just referred to. It is
a 2.41 acres, bounded by northeast -- on the northeast corner of 2nd Avenue and 12th Street and it is an
aggregation of four different parcels and six different apartment buildings that is a partof this application.
The front part of it is zoned office. This property here is zoned office and this is multifamily behind it. And
you may know, it -- the multifamily behind it could be developed, just like the related property that you know
on 2nd Avenue, as a multifamily -- large multifamily building. The office building, of course, could be-- or
the office could be developed as an office building, but we believe that it is more suitable for commercial
development, just like across the street, the Publix and the Walgreen's and the other commercial development
that will soon take place, where the old High Park is. To service the residential development on Brickell, of
which now I am a new member of the Brickell Avenue or Brickell Homeowner's Assocition, as a purchaser
of Tequesta 11. So, 1, among others, like to have the idea of having some service commercial in the Brickell
village and this would be just an addition of that Brickell, village service commercial. We don't believe it's
appropriate for high rise residential or, for that matter, an office development in this district. We understand
there may be some folks here who live in the existing apartment buildings and may not want to be displaced
and, for that, we have some sympathy. On the other hand, this property is in transition. It will be developed,
if it's not now, with a low rise, commercial, retail service commercial. It will be a high rise because that's
what it's zoned for. So, we would urge your support of this application and be happy to answer any questions
and would like some time for rebuttal.
Vice Chairman Gort: Thank you. Those in opposition? Anyone in opposition?
Commissioner Sanchez: Eight and nine.
Mr. Oscar Quinonez: (unable to translate)
Vice Chairman Gort: We need somebody to translate. Josephine.
Ms. Maria J. Argudin (Assistant City Clerk): I will try.
Vice Chairman Gort: Speak slowly so they can translate it.
[AT THIS POINT, MARIA ARGUDIN SERVED AS TRANSLATOR FOR THE FOLLOWING
OPPONENT, OSCAR QUINONEZ]
Mr. Quinonez: My name is Oscar Quinonez and I live at 130 Southwest 12th Street, Apartment 32. 1 have
lived there for 12 years. My children have enjoyed the park, the South Side school. I don't know why it has
been explained that that's an office zone. It's true that there is a Walgreen's and a Publix. Those two buildings
have been the only commercial buildings that have been established in that area. In Coral Way and 2nd
Avenue, there is a small building that is an architectural firm. I represent about, 160 families that live in the
surrounding area and around, approximately, two blocks and that's the area that they're interested in
demolishing in order to establish their business. If that happens, we're all poor families. In my building there
are a lot of families under Section 8. They have many problems and I'm sure that the problems that they
have, neither the City nor the County will be able to face them. It's a nice, residential zone, tranquil and now
it's changed to commercial, it may become a danger zone. You will have a lot of people-- bad element going
into the area, not just residential.
January 27, 2000 135
Commissioner Winton: I didn't hear that. Repeat that.
Ms. Argudin: He's saying that if the zoning is changed to commercial, you will have a different element of
individuals going into the area, not just people that just live there. Residential.
Mr. Quinonez (Ms. Argudin, Translator): Why didn't they go to the southeast, between 1st and Brickell?
There's plenty of space, land space, to build. They should go to that area and build in that area, but not
damage so many families that live there already. Because 150, 160 families is a lot. It is in your hands to
either do well by 160 families or do well by one developer.
Vice Chairman Gort: Thank you.
Mr. Quinonez: Thank you.
Vice Chairman Gort: Anyone else? Anyone else?
Mr. Mican Paumer: Right here, sir.
Vice Chairman Gort: Anyone else.
Mr. Paumer: My name is Mican Paumer and I live at 159 Southwest 13 Street, directly across the street from
the monster Publix. I've lived there for the last 20 years. But in the last couple of years, it's becoming over
there terrible. Traffic. And sometimes I feel like I'm prisoner. Can't get in. Can't get out. And I really do
feel like, if you change to commercial district, I don't think it will improve the living and the conditions of the
area between the Rhodes and Brickell Avenue. And I think that what the gentleman over here said, that he
was representing those 150, 160 people. I'm single man. I have no family. But he is talking about people
who have children. There is a school on 1st Avenue and 13 Street. A lot of people from that area where I
live and where he lives having children attending the school, and I just don't see why, beside that Publix and
Walgreen's over there, should be something else commercial. That's it.
Vice Chairman Gort: Thank you, sir. Anyone else?
Mr. Steven Salsber: Good evening, Steve Salsber.
Mr. Jesus Ramirez: Jesus Ramirez, 1245 Southwest 2nd Avenue.
Mr. Salsber: Talking about the property that's in the corner of the gas station. That's not being...
Vice Chairman Gort: Name and address.
Mr. Salsber: Oh. Twelve forty-five, 1235 Southwest 2nd Avenue.
Vice Chairman Gort: Name.
Mr. Salsber: Steve Salsber. It's -- we have the property that's in question, that's not being rezoned or
anything. We have our permits to build a gas station and everything. Thank you. Thank you. Pointed out
there. We understand -- these are the neighbors. They're the community. We're going to go ahead with our
project no matter what. Just if everyone just remembers that there is a park there, there's a school, and there's
a lot of little kids. I mean, a truck is this high. Just remember the little people, the little kids. That's all we
ask. Nothing else.
January 27, 2000 136
Commissioner Winton: I'm missing your point.
Mr. Salsber: The point is, I don't think anybody's mentioned that there is a park right behind the project
everybody wants to do. I could point it out here real quick.
Commissioner Winton: What did you say about you're developing your what?
Mr. Salsber: We have the corner. We're building a gas station. Good afternoon. The property that's in
question here, we have the one that's not being rezoned. The rest of the block is being rezoned, across the
street has been rezoned. We are on grand fathered, I guess. What would be considered grand fathered.
Vice Chairman Gort: Grand fathered in.
Mr. Salsber: But where the alley that we're talking about, the street behind, where the question is everything
is questioned, is there's a little park back there and that's where the kids come running past and running. You
know, there's no parking to where you could park there. So, the kids come running through there and things
like that. We understand that, you know, money makes the world go round. These people don't own
property. They're going to have to move. Understood. In progress. What are we going to do? The only
thing is that we're still going to have a park there, no matter what. And there's nowhere-- I mean, just look
what they're going to do. We don't know. Just watch for the children. That's all we ask. Because we're still
going to be there. We've been there 28 years. That's all I could really say. Thank you for your ear. Have a
good day.
Vice Chairman Gort: Thank you. Anyone else? Anyone else? OK. Ma'am, you've got a few minutes for
rebuttal. Two minutes.
Ms. Dougherty: The only thing I want to remind the Commission is that this is already zoned high density
residential, in which hotels, motels, any kind of high density, multifamily building can already be built.
That's in the back. And in the front you can have offices and medical offices, dental offices, banks, schools,
institutions. So, I think what we're proposing is actually something less intrusive for the neighborhood and
actually can service them better than what is already permitted by the zoning ordinaner. Thank you very
much.
Vice Chairman Gort: What's the wish of this board?
Commissioner Sanchez: Well, since it's in my district, I just want-- I'm very sympathetic to the residents of
that property. But the owners have the right to sell that property. It's already rezoned. The Planning and
Zoning Department approved it. The Planning Advisory Board recommended approval to this City
Commission on an 8 to zero unanimous vote. I would move.
Commissioner Winton: Second.
Vice Chairman Gort: There's a motion to approve. Is there a second? Discussion?
Commissioner Winton: I'd like to ask a question of Planning. You know, I think that-- and for the neighbors
that are there, just to repeat a little bit of what Commissioner Sanchez said The fact of the matter is, this
property is already zoned high density. So, at some point, someone, without our-- while we may have the
right to finally approve what the project looks like, we have no right to create a lower density. So, at some
point in the future, someone's going to develop something by current zoning standards, something very big
there. That's already in play. So, our role, as your representatives, is to look at that neighborhood and
January 27, 2000 137
encourage the kind of development that will enhance long-term the neighborhood. Now, one of the questions
that you all raised, that I think is an important question, that we've really got to look at, is this whole-- which
is back to Commissioner Teele -- traffic and transportation related issues. I think they've made a good point
about the nearby school and the park. And I hope that, in our continued negotiations with the developer, that
we strongly consider the impact that both vehicular -- well, particularly, vehicular traffic will have on the
little park and the school and get a project designed in a fashion that may actually enhance the opportunities
for that park and the school, as opposed to detracting from. And, particularly, paying careful attention to
traffic patterns that may create further, serious problems for kids walking to school. And there are a lot of
kids in that neighborhood because I see them all the time. So, I think that's a very real issue that we've got to
look at very closely.
Ms. Slazyk: Yes, I agree. If the project -- and, again, you know, they wouldn't be tied to it at this point. But
the proposal I had seen had the ingress and egress on the commercial corridors. And you're right, if it's
designed well with the buffer in the back, it could actually make the streetin front of the park safer.without
vehicles coming in and out, if they stick to 2nd Avenue and Coral Way.
Vice Chairman Gort: Further discussion? Under discussion. If you all don't mind, I would like for --
Lourdes, if you may, could you explain, in Spanish -- because I understand there's a lot of individuals here in
objection and they do not understand what the comments have been made by the...
Ms. Slazyk: I don't know if I'm comfortable explaining in Spanish. It's not-- my Spanish isn't that good.
Vice Chairman Gort: OK. Go ahead. And, by the way, during your explanation, make sure you tell them
this is a first reading. And one of the things I'm going to request is for the-- because a lot of times, there's a
lot of misunderstanding in the project and the effect on the projects -- that the people -- the developers get
together with the neighbors and explain to them what you guys are planning to do. Because this has got to
come back to a second reading. So, make sure you explain that this has got to come back to a second reading.
[AT THIS POINT, MARIA ARGUDIN SPOKE TO THE AUDIENCE IN SPANISH]
Vice Chairman Gort: You want to add to the translation?
Ms. Gloria Velazquez: It's just not commercial.
Vice Chairman Gort: Go ahead.
Ms. Velazquez: She said commercial.
Vice Chairman Gort: Beg your pardon?
Ms. Velazquez: She said commercial. And I don't want them to get confused.
Vice Chairman Gort: Right. OK. I know. Go ahead and do it. Name and address, please.
Ms. Velazquez: OK. Gloria Velazquez.
Vice Chairman Gort: Your address, please.
Ms. Velazquez: Twelve twenty-one Brickell Avenue.
[AT THIS POINT GLORIA VELAZQUEZ SPOKE TO THE AUDIENCE IN SPANISH]
January 27, 2000 138
Ms. Slazyk: Residential and office.
Vice Chairman Gort: Also, let them know this is a first reading. They'll get a chance to sit down with them
and talk to them, OK?
Ms. Velazquez: Which I have been doing.
Vice Chairman Gort: OK. Thank you. Read the ordinance. Call the roll.
An Ordinance Entitled -
PENDING
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 Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: Commissioner Arthur E. Teele, Jr.
Commissioner Tomas Regalado
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Vice Chairman Gort: First reading. It's got to come back to us.
January 27, 2000 139
r
Vice Chairman Gort: Ten. Well...
Ms. Lourdes Slazyk (Assistant Director, Planning): We're actually up to PZ -12 now.
Vice Chairman Gort: Wait a minute.
Ms. Slazyk: We took the other two out of order.
Vice Chairman Gort: I mean, nine.
Ms. Slazyk: OK, the companion. You're right. You're right. Nine. Yeah, PZ -9 is the companion.
Commissioner Teele: Are those people here on this?
Vice Chairman Gort: PZ -9. It's a companion.
Ms. Slazyk: It's a companion zoning change to the one you just voted on.
Vice Chairman Gort: OK. Is there a motion? First reading. It's your district, Sanchez.
Commissioner Sanchez: So moved.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved by Sanchez. Seconded by Winton. Discussion? Being none,
read the ordinance. Roll call.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE
NO. 37 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 AND O -OFFICE TO
C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT
APPROXIMATELY (1) 130-190 SOUTHWEST 12TH STREET, (2) 121, 131
AND 159 SOUTHWEST 13" STREET, AND (3) 1227-1229 SOUTHWEST
2ND AVENUE, MIAMI, FLORIDA, CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE..
January 27, 2000 140
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 Wifredo Gort
Commissioner Joe Sanchez
Commissioner J.L. Winton
NAYS: Commissioner Arthur E. Teele, Jr.
Commissioner Tomas Regalado
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Vice Chairman Gort: PZ -13.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -12 and 13 are
companion land use and zoning, to change the property at approximately 1951
Northwest South River Drive, from industrial to high-density multifamily
residential. The department is recommending approval, finding that if the
property on the river is not going to be used for a marine industrial purpose,
that a high-density residential zoning would allow housing -- new housing
opportunities on the River and allow more people to actually enjoy and access
riverfront/waterfront property in the City. This was also recommended for
approval by the Planning Advisory Board.
Commissioner Sanchez: Where exactly is that?
Vice Chairman Gort: Let me ask you. That's just off 22nd Avenue.
Ms. Slazyk: Yeah. It's adjacent to a high-density multifamily residential
project.
Vice Chairman Gort: That's right next to -- you have the park on 17'h Avenue
and the River, then you have the hospital, and then you have the condominium
that was built there, and then you have the open lot. Right. My understanding
that used to be a marina at one time, but waterfront has not been used in the
last 10 or 15 years. So, it's in my district and I'm ready to move.
Commissioner. Winton: Second.
Vice Chairman Gort: No, I don't make the motion. Somebody make the motion.
January 27, 2000 141
Commissioner Winton: I'll move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: State your name and address for the record so you can --
Mr. Gilberto Pastoriza: Gilberto Pastoriza, 2665 South Bayshore Drive, Suite
420.
Vice Chairman Gort: Great presentation. Thank you, sir.
Mr. Pastoriza: Thank you..
Commissioner Winton: Could I ask one question?
Vice Chairman Gort: Go ahead.
Commissioner Winton: About the -- once the project -- the development side of
this project, which will come back before us, are we going to make sure that --
you know, we've worked real hard -- y'all have worked real hard to develop the
walkways along the River and along the Bayfront, and are we going to --
Vice Chairman Gort: It doesn't go that far out.
Ms. Slazyk: It doesn't go this far.
Commissioner Winton: Oh, it doesn't go anywhere?
Vice Chairman Gort: That's 17th Avenue.
Commissioner Winton: Well, but you could create the same process all along
through there. I mean, from long term planning standpoint, you know, there is
a --
Vice Chairman Gort: You can't. You can't because you've got between
Northwest 51h Street and 17th Avenue or between 7th Avenue to 17th Avenue,
you have a lot of private home that's will not allow you to do that. They'll take
you to court.
Ms. Slazyk: Yeah. We wouldn't get the same type of continuous flow as in
commercial.
Commissioner Winton: OK. Thank you.
Ms. Slazyk: But there will be design review, and we'll make -- what we look at
in the design review on the River is that the view of the project from the River
is aesthetically pleasing and appropriate for Miami, so they are going to have to
landscape it, and there probably will be walkways for their own project on
there.
January 27, 2000 142
Vice Chairman Gort: OK. Yes, sir.
Commissioner Teele: Mr. Chairman, I'm in agreement with the project, but I
really would like for the lawyers or the Planning Department to consider -- you
know, these marina residential use remind me a lot of aviation airport
residential uses, you know. It sounds good now, but this is a river and I really
do think that we need to try to attach some type of language to the deeds or
some kind of restriction or, at least, acknowledgment, that people understand
that this is a river, and that it's going to be used as a river. Because what's
going to happen, I can tell you, you start putting residential up, and the next
thing you're going to have people complaining about the boats and complaining
about the shipyard, and complaining about this, and it's like everybody that
buys these houses 20 years after the airport is built, they all come back in and
they start complaining. "Well, we don't want the runway over here." You
know, you buy a house near an airport; you're going to have airport noise. But,
you know, somewhere along the line -- you know, government has not really
been able to at least put all buyers on notice that this is a marina or this is an
airport. And, you know, we looked at that on some of the Homestead kind of
issues in the County. It just seems to me that there ought to be some type of
way -- and I'm maybe asking a philosophical question of the Planning
Department, of the Law Department -- but I get nervous because I know what's
going to happen. The sales people are going to market this. They are going to
say, "It's going to be great. It's going to be this. We're going to be cleaning
the river here, dredging the River," and, if we're not careful, we're going to
kind up with the kind of issues that we're confronted with now. We've got task
force and working groups on the aviation noise issue. I just don't -- I just
would like to see if there is anything -- maybe not for this -- that can be
assigned or attached to the land, that basically puts everybody on notice that
this use is a river use, and that there will be some -- help me, Ms. Planning
Director?
Ms. Slazyk: It's a working order. Yeah. No. It's a working river. You're
absolutely right. But I don't -- I can't think of a way to do that.
Vice Chairman Gort: But let me tell you something. As a kid, I used to go up
and down the river all the time. It's a combination of the two. It has the
working river, but, at the same time, that area we're talking about, you have the
park, you have a hospital --
Ms. Slazyk: Sewell Park, yeah.
Vice Chairman Gort: -- mental hospital, Sewell Park, then you have apartment
buildings, condominiums, and then, right across, it's all residential. It's a
beautiful neighborhood right across single family residential there. And across
the street, then you have your working river and then further south -- further
west you have working river. But I think -- I agree with you. Because one of
the biggest problems -- and, somehow, maybe in your sales, we can request, as
a condition, during the sales advertising, let the people know it's a working
river.
January 27, 2000 143
Commissioner Teele: I think that's going to be one of the challenges that we're
going to have to look at. The Miami River, you know with all of the discussion
about dredging the river, with all of the development that's beginning to come
on, we've got to make sure, that encouraging development, we also make sure
that the use of the River is preserved, and that the buyers are aware, and I think
sometimes we don't do as much as we can. And I would only ask that you look
at this -- maybe not associate it with this -- as to what kinds of notices we can
protect subsequent buyers that we may be able to mandate, that people
understand that this is not -- this is a working river, and I just would like to
sort of be on record to that. I live right on the river. You know, it's a beautiful
-- but it's noisy and it's smutty and -- I mean, it really looks great, but, you
know, when you look at all the diesel gets blown up out of those stacks, and
some people start complaining -- I saw Charles Flowers. He lives in the same
unit there in Spring Garden, and a lot of people want to complain, and I hear it
all the time. "What can you do?" I say, hey, the river was here before we
were.
Vice Chairman Gort: Well, I think it should be part of your literature, let the
people know. It's for your own good. OK. Read the ordinance.
Mr. Joel E. Maxwell (Assistant City Attorney): Close the public hearing?
Vice Chairman Gort: Excuse me? It's been moved and second. Is there anyone
in opposition to this item? Is anyone in opposition? Being none, call the --
read the ordinance. Roll call.
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 PROPERTY LOCATED
AT APPROXIMATELY 1951 N.W. SOUTH RIVER DRIVE,
MIAMI, FLORIDA, FROM INDUSTRIAL TO HIGH DENSITY
MULTIFAMILY RESIDENTIAL; MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
January 27, 2000 144
was introduced by Commissioner Winton, seconded by Commissioner Regalado, and
was passed on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
*Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
[*In agreement, although absent.]
The Ordinance was read into the public record by the City Attorney.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): Thirteen is the
companion zoning change from SD -4 4 waterfront industrial to R-4 multifamily
high density residential.
Vice Chairman Gort: Moved by Winton. Seconded?
Commissioner Sanchez: Second.
Vice Chairman Gort: Seconded by Sanchez. Roll call. Roll call. Thank you.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
PAGE NO. 25 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 SD -4 WATERFRONT INDUSTRIAL
DISTRICT TO R - 4 MULTIFAMILY HIGH-DENSITY RESIDENTIAL
FOR THE PROPERTY LOCATED AT APPROXIMATELY 1951
NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE AN PROVIDING FOR AN EFFECTIVE DATE.
January 27, 2000 145
was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed
on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
The ordinance was read into the public record by the City Attorney.
Vice Chairman Gort: OK. We go to Item...
Ms. Lourdes Slazyk (Assistant Director, Planning): PZ -14...
Vice Chairman Gort: ... 14.
Ms. Slazyk: ...is a second reading amendment to the Zoning Atlas in order to add the Sa 12 Buffer
Overlay District to 2725, 2731, and 2733 Northwest 6`h Street. This was approved on first reading
and continued from the meeting of December 14th for additional information.
Vice Chairman Gort: Yes, sir.
Mr. Luciano Isla: Good evening, Mr. Chairman and members of the Commission. My name is
Luciano Isla and I'm an Attorney at Law, with offices at 1790 West 4SP Street, Suite 300, Hialeah,
Florida. We're here this evening, Mr. Chairman and members of the Commission, as a continuation
from the previous meeting, to answer questions that was raised by the Commission at that time. I
would like, very briefly, to put into the record the backup to the materials that we will be presenting
to you today, in response to the questions that you had at the previous meeting, plus, any additional
questions that you may have. It also shows the work -- the continuing work that we have been doing
with the City staff and with the professional staff to fulfill the answer to your questions and the City
requirements. Initially, we are providing, for the record, a full and complete, certified survey of the
entire property, not only the subject property that is part of the application in front of you today, but
also the adjoining property that is facing Northwest 27`h Avenue. I'm sorry, Mr. Chairman. With me
this evening are the principals of the applicant, Fortune of the Chi, Mr. Luis Chi and Ms. Maria --
Mrs. Maria Chi. I'm accompanied by Mr. Angel Saqui, the architect, who will present -- who will
put together and will be answering any further questions that you may have on the exhibits today. At
this time, Mr. Chairman, if we may, we'd like to pass out what are condensed copies of the existing
site and the back-up to the building sites that are there, and we'll get to those in a minute.
January 27, 2000 146
Mr. Joel E. Maxwell (Assistant City Attorney): Mr. Isla?
Mr. Isla: Yes, sir.
Mr. Maxwell: Counselor?
Mr. Isla: Yes, sir.
Mr. Maxwell: Can you indicate that any opponents -- you have copies available for any opponent?
Can you make those available, please, sir?
Mr. Isla: Yes, sir. Following the last meeting, then, Mr. Chairman, our first step was to conduct the
full survey, encompassing not only the subject property that is the part of the application, but also the
additional building, as I indicated, that was on Northwest 2'P Avenue. Once that survey was
completed and certified, we next went to the City's microfilm records and, at this time, we would
introduce, for the record, a certified copy of the microfilm records of the City, showing the original
building facing Northwest 27A Avenue, as was built, and received a Certificate of Occupancy in
1938. The building, as shown, by the original microfilm records, shows the building, as it exists
today, with the pavement surface area behind the building and the alley, as it exists today. Next, we
went to Dade County and we obtained from the County certified copies of the aerials, which we will
now introduce for the record, dating back to 1945 and, thereafter, at ten-year intervals, showing how
the aerials indicate the development of this entire section in the City, including the building and how
the parking for the building was laid out behind the building, as t exist today, between the building
and the alley. Those ten-year aerials show what we began to discuss at the last meeting, the parking
behind and the off-street parking being behind the building and not on Northwest 27" Avenue. We
would introduce, for the record, a copy of the transcript of the December 14th meeting, should you
wish to refer to it, in terms of the issues that were involved at that meeting regarding the Northwest
27"' Avenue project. If I may now refer to the small, handout exhibits that you have here that we've
passed out to you. Your first exhibit, Page A-1.01 shows a large exhibit in front of you. The
building along Northwest 27"' Avenue, the way it is currently depicted, identifies 21 parking spaces,
including one handicap parking space. It identifies, as recommended by the City, landscaping, as
proposed; an island every 10 spaces; the full dimensions of the parking areas that are currently
required by the City. Page A-1.02 shows the subject property that is before you, for the application
to the SD -12 Buffer Overlay District. This is the site plan that has been a matter of record for several
months now, that has the full recommendation and approval of the Planning staff and of the Zoning
Board, and they received the unanimous approval from you first reading. This is a matter of record.
Sheet A-1.03 shows a detail of the building as it's facing Northwest 2tAvenue, as is depicted there,
which is showing the section sheet here. Sheet A-1.04 identifies the subject property, that is part of
your application, with the existing building and the 24 -parking spaces that are currently
accommodated between the alley and the building area. It coincides with the aerial photographs that
you have in front of you. It coincides with the parking information that was -- that is part of the
record of the last Zoning meeting, whereby 42 parking spaces are part of the main area and 24
parking spaces are a part of the building. It is important to note that, when the building was first built
and erected in 1938, parking regulations for the City did not exist at that time. So, there was no
specific parking per square footage ratio. We have, nevertheless, identified the number of parking
spaces that are available and that are being utilized in that area. Sheet A-1.05 just presents the
section sheet of the building along Northwest 2t Avenue, as it exist today, with the 24 parking
spaces. Again, because it was CO'd (Certificate of Occupancy) in '38, handicap parking spaces were
not part of the parking requirements, landscaping were not part of their parking requirements, a
separation aisle every ten spaces were not required. The building exists today, as was originally
CO'd. The dimensions of the building, Mr. Chairman and members of the Commissirn have not
January 27, 2000 147
changed. Thus, the building that is along Northwest 27th Avenue, the area encompassed by the
building on land, has a net gross area of 37,740.55 square feet. The net area of the building is
16,144.80 square feet. The net lot area, then, meaning, gross less the building area, is 22,399.50
square feet. The pavement area where the parking is located is 4,062.85 square feet. We've
indicated zero parking spaces were required back in 1938, and if we now look at the main diagram
by -- as recommended by the staff, by lowering the number of parking to be able to accommodate
landscaping, the aisle separations, plus the handicap parking spaces, it will simply reduce it from 24
parking spaces there now on the building along Northwest 27th Avenue to 21 parking spaces. That
is in accordance with the staffs recommendation and your current Code, as it pertains to the parking
and the separation. We'll be happy to answer any further questions you might have.
Vice Chairman Gort: Let me ask a question of the architect. One time when you were here, we
requested that you -- that alley is not being used; that somehow you work with the Public Works
Department so that alley can become part of the -- replat the property, and that alley would become
part of the property also, with certain agreement you have to do. If you do that and that alley is
granted, according to what I'm looking here, you can provide some additional parking spaces in this
entrance, ingress/egress that you have on 7th Street. More or less, a rough figure, how many parking
spaces you think you can provide? Right now it's 24 by 84. Because that could be some additional
parking you could provide, and I don't know if you started your procedure, have you been trying to
work with the Public Works Department on that?
Mr. Angel Saqui: Before attempting to answer, my name Angel C. Saqui, II Architect, for the
record, offices at 2801. Ponce De Leon Boulevard. Obviously, I understand the question. How many
parking spaces would I be able to insert into the site plan? But it would firstly be assumed that we
would be utilizing the alley for ingress and egress into the site.
Vice Chairman Gort: That's what I'm saying. Last time you were here, we told you-- and the Public
Works said they would meet with you, so you can incorporate that as part of your property. Never
mind.
Mr. Saqui: I'm going to defer that because I'm not quite sure that that has really been part of this at
this time, but I'm going to defer to the attorney for one moment.
Mr. Isla: Mr. Chairman, we have retained the services of Transport Analysis Professionals, under
contract, so that we may address what you've just indicated. They have been retained; they are, at
this moment, however -- because this is a two-stage process. We're here on the issue of the SD -12
overlay. We will come back to you, sir, with the matter pertaining to the ingress and egress. Yes, I
have discussed...
Vice Chairman Gort: I understand what you're saying. But anything that could happen in the future,
it could enhance your application. That's what I'm trying to tell you.
Mr. Isla: Very much so, Mr. Chairman. And I concur with you, in that I've -- first of all, I have
correspondence, which I've put on the record, with the City of Public Works Department. I've also
contacted the County. We've retained the engineer. The engineer has made some recommendations,
along the lines of what you've indicated, including, perhaps, some angle parking here that would
enhance that, until -- but, at this point, until we get to the second stage, which we will and we'll be in
front of you again, then, with the traffic expert.
Vice Chairman Gort: Because I recall, that was a major complaint that --one of the major questions
that was asked by one of the board member here was, did we have sufficient parking? And if you
January 27, 2000 148
wanted to be successful, you need to have the parking, and that's one of the main complaints you also
get from the residents.
Mr. Isla: Mr. Chairman, we're in full compliance with the parking requirements on the property.
Vice Chairman Gort: I understand. But if you even go beyond that, it's even better.
Mr. Isla: I concur with you, sir, and we're prepared to go beyond that, if we can move forward from
this point.
Vice Chairman Gort: Thank you.
Commissioner Winton: Well, except, I think, the point that we tried to make over and over again last
go round was that you are coming before this Commission asking us for a zoning change?
Ms. Slazyk: It's a zoning change for the SD -12 overlay.
Commissioner Winton: For the SD -12 overlay, which allows you to, in essence, meet your parking
requirement by moving into residentially zoned land. So, you're asking for something very
significant from this Commission that impacts the neighborhood. And the point I kept trying to
make, that never did get through at the last meeting, was trying to have an understanding of the --
because your -- you couldn't build that new building without this Commission granting you a
variance -- a zoning change.
Ms. Slazyk: A zoning change.
Commissioner Winton: A zoning change. So, you're asking us to grant you a zoning change
whereby, at least, the neighbors -- and, frankly, I'm on the side of the neighbors on this event -- are
concerned that there won't be enough parking and, therefore, we will -- that project will negatively
impact the residential neighborhood that abuts it. And, so, what we were trying to get at, to help you
further along with this project, was understanding what the btal parking ratio would be for the entire
project. Because the fact of the matter is, the fact that you're building one building, it's a part of a
larger complex. So, we were hoping that your people could figure out some better ways to get a
better parking ratio on that overall site, so that we could work with you and you could get this
developed. But I've done the calculations and, in the original project, the one that was built in 1934
or whatever, has a parking ratio of about one and a half per thousand. The total project now has a
parking ratio of 2.1 per thousand. Well, two point one per thousand, the last time I checked, wasn't a
very good parking ratio. So, you're asking this Commission to grant a variance...
Ms. Slazyk: Zoning change.
Commissioner Winton: A zoning change on residentially zoned land that will bring additional traffic
impact into the neighborhood when, in fact, the impact of that entire project simply doesn't have
enough parking to guarantee that there won't be parking overflow moved into the streets in that
neighborhood, and that's not good for the neighborhood. So, this issue -- and we brought it up.
Commissioner Gort brought it up last time -- talked about a way to block the egress -- to, actually,
block one of the egress/ingress points of that alleyway to, potentially, create additional parking,
which is a suggestion we made...
Ms. Slazyk: Yes.
January 27, 2000 149
Commissioner Winton: ...hoping that you could end up with more parking. That didn't come back
to us, so we don't see additional parking. But the ratio is still 2.1 per thousand and that's not adequate
parking for that entire project. It may be adequate for the one building, but the only way you got it
was by encroaching into that residential neighborhood, and the total project still creates a problem for
the neighborhood. So, I think we're in a pretty tough -- at least; I'm in a tough position as it relates to
this project right now.
Commissioner Teele: Well, you're helping me to learn, but I'm not sure if youdidn't -- I'm failing the
course here. Can we go beyond what the Code requires? I mean, if -- Mr. -- let me ask the lawyer
because I see SD -- is it SD -12? -- as a very positive way of -- a middle ground of trying to help
commercial provide the parking, which should have been done 30 years ago, 40 years ago, in a lot of
these areas, when these buildings were built but they don't have it. Now, the problem with SB 12, it
really is a transitional, and we've got to be very careful that it doesn't negatively impact the
neighborhood. But if we grant an SD -12 and if the SD -12 use brings you to Code, can we look
beyond the Code? Don't we have to sort of approve everything at that point and change the Code, in
an unrelated matter, down the road somewhere? But I agreed with everything you said but when you
got to the fact you meet the Code and, then, say, "But we don't have to...
Commissioner Winton: And I understand. That's a great point. And let me see if I can clarify that,
at least, as I'm thinking about it. It meets the Code. However, we are -- in order to meet the Code,
we have had to allow additional movement into a residential neighborhood, in order to allow them to
meet the parking Code. So, if we didn't allow them to expand the parking into that residential
neighborhood, they couldn't meet the Code. So...
Ms. Slazyk: Or they'd have to cut the building down to what they could meet.
Commissioner Winton: Or they would have -- right. Or they would have to cut back on the size of
the building. And, so, that's the -- and it -- your point is a good one. I think that this overlay is a
smart process in a lot of areas and we don't want to discourage good, quality, commercial
development. And I'm not convinced -- I mean, this is probably a good, quality building here. It's
definitely got great landscaping; it's got the great buffer; it's got those kinds of things that are
positive, but it still has a critical shortage of parking. It didn't solve -- it really didn't solve the
problem. Because 2.5 -- 2.1 parking ratio per thousand in that environment, frankly, isn't adequate.
So, maybe, one of the things we do, as we move forward in these kinds of things, we've got to figure
out how, when we allow those overlays, we better make sure that there's enough land mass there to
get adequate parking to serve the needs of the proposed new building.
Ms. Slazyk: Right. The problem here is, there's a grand fathered building. There's a building that
was grandfathered with zero parking and they have 21 spaces, where they really didn't have to have
any. That's the problem. It's the grand fathered building, not so much the new one. The other thing I
want to try and clarify is that the alley closure that we talked about at the last meeting and that was
brought up again today, that's a separate application. They have to file for a street closure and
replatting. It's about a seven-month process. And I think what they wanted to do was proceed with
this today, while that process gets started. And for your peace of mind, I guess, once they get the
SD -12 today or if -- whether you give it or not -- when and if they get it, they would have to come
back for a Special Exception to actually use it. The SD -12 doesn't give them a right to asphalt one
space without going through a Special Exception. That is a process that takes a couple of months, as
well, so we could see where they are on their alley closure, as their Special Exception comes in, and
see if we can, you know, hold one to wait for the other and they can come back to you, jointly.
Commissioner Regalado: Mr. Chairman? It's my district and...
January 27, 2000 150
Vice Chairman Gort: But before...
Commissioner Regalado: No, no, no, no. What I'm going to say is that we have demanded several
changes and this has been going on and on for several months. And sometimes, when I get
information from the administration on the new constructions each month, if you look at it, you won't
find much, if not any, in District 4. West Little Havana is an old area of the City. And when you
have in front of you projects that are nice and that would help enhance the area, it's --one has to feel
proud. And I understand all the technicalities but the problem is that we need to have new
constructions in that area of West Little Havana because it's a domino effect. If you go by now that
area, we have a problem because Kentucky Fried Chicken has vacated their store because they didn't
have parking, and it's closed and it's abandoned. If you go past the street, there are two building
abandoned. That's on 27"' Avenue. It's very sad to see that. So, I'm glad that the administration and
the developers have reached a conclusion. And I'm glad that we can see the plans, as they now are
presented to us. And I feel that, through this process, we could build in that corner something that
will enhance our neighborhood.
Vice Chairman Gort: OK. Let's hear from the opposition, then, you get a few minutes of rebuttal.
Mr. Isla: Thank you very much, Commissioner.
Mr. Henk Tenkscher: Good evening, Chair...
4
Vice Chairman Gort: You could put the mike up.
Mr. Tenkscher: Good evening, Mr. Chairman, Commissioners. My name is Henk Tenkscher. I
represent -- or I speak on behalf of my father-in-law, Mr. Gunser, who lives on -- resides on 2730
Northwest 6`" Street. I've been here before with you. For a matter of record, this meeting was not
posted on the properties tonight. That's why I got on the phone -- because I came by City Hall to
check the agenda and we only have a few people here, today. There are many more opposed people
but they could not make it because it was not posted or no courtesy notice was sent out to them.
That's number one.
Ms. Slazyk: If I may?
Commissioner Regalado: If I can ask a question.
Vice Chairman Gort: Excuse me. We'll let staff answer.
Commissioner Regalado: When we deferred this, didn't we...
Vice Chairman Gort: It's a continuation.
Mr. Maxwell: Yes, sir.
Commissioner Regalado: ...set a time and a date to the people fiat were here?
Mr. Maxwell: Yes, sir, that's correct.
Commissioner Regalado: Oh, OK.
January 27, 2000 151
Mr. Maxwell: It wasn't necessary for any additional notice to be made.
Vice Chairman Gort: Go ahead.
Mr. Tenkscher: OK, fine. Commissioner Regalado, I'm sorry. You were misinformed. Kentucky
Fried Chicken is gone, that's correct. It's in your district. But Hippy Parade Don Pan is opening up
within a couple of weeks.
Commissioner Sanchez: It's open now.
Vice Chairman Gort: Don Pan?
Mr. Tenkscher: Don Pan International, a big bread outlet. It makes fancy breads and pastries and
they're opening up in the same location. Just for your...
Commissioner Regalado: Great.
Mr. Tenkscher: Just for your notification.
Commissioner Regalado: Great.
Mr. Tenkscher: So, you have a new tenant.
Commissioner Regalado: Good.
Mr. Tenkscher: OK. Let's get to the business. I believe that these two gentlemen can
say what they want because they weren't even sworn in to speak here. They forgot to
mention that, yes, when this building was built in 1938, there wasn't a requirement of
shared parking spaces. The previous owner recognized that and rag topped (phonetic)
two pieces of property on 2730 and 2732 Northwest 7`" Street, to make additional
parking because he understood that there was not enough parking with 24 spaces.
Because, of course, over the years, everybody has two cars. That's number one.
Number two. The plan still has not given us any space to work with. They have not
contacted any of the neighborhoods to see what they can do'. So, basically, what we
have today is, we have 54 parking spaces. The new building will stand on what is
today the additional parking and we're going end up, actually, with 64. But, again,
eight thousand square foot of additional property. I do not know how long we can go
back and forth, back and forth, but we feel, as neighbors, that this is going to destroy
the neighborhood. Right now, between, basically, the Dolphin Expressway and West
Flagler, there are approximately 8 to 10 buildings empty for lease and have been so
for periods of six months. So, do we do -- still need the additional commercial space
in the area when, at the present, there's plenty of space available, if anybody wants it?
But, apparently, there's nobody out there that really would need it or wants it. Sorry,
Commissioner. Nobody wants to come to your district, apparently, to rent that
additional space. So, do we need the extra eight thousand square foot? I do not, and
neither does the neighbors, think so at this point. Thank you very much.
Vice Chairman Gort: Thank you, sir. Anyone else? OK, sir. You have a few minutes for rebuttal.
Mr. Isla: Thank you, Mr. Chairman, members of the Commission. We have worled with the staff --
the petition in front of you applies and complies with all of your SB 12 zoning requirements. We're
January 27, 2000 152
not asking for any zoning variance. We have not attempted to create a fiction by transferring the
deed on the building on 27th Avenue to a different property owner. If that fiction had been created,
then, we would not be here discussing the building on Northwest 2-P Avenue. You have in front of
you, on the record today, how that property has stood since 1938, and every 10 -year intervals. The
alley has existed since 1938. The commercial zoning along Northwest 7th Street has existed since
1945, which is the first zoning map that I was able to find in the County. The building on 27th
Avenue existed since '38. The alley has existed since 1938. The north/south alley has had access
from 7th Street to 6th Street since 1938. Northwest 27th Avenue and Northwest 7th Street is a major,
arterial, commercial area for the City of Miami. I am very proud that I stand in front of you with a
full recommendation of the staff. There are no staff conditions that have been attached to this
application. I am on record of having contacted neighbors, met with the neighbors. We cannot
continue to come back, Commissioners, in all fairness, and every time sanething different appears in
front of you. We cannot provide landing pads for Martians. Kentucky Fried Chicken is a vacant
building at this point. They have vacated that. Now, all of a sudden Don Pan shows up. Where is the
proof in front of you? We have asked the neighbors that we will consider any plan that they propose,
if we can meet with the staff to consider their plans. But if, every time we appear in front of you,
there are new matters that come up, we cannot address those. We can move forward with the SD -12
overlay. We don't have any conditions for the site plan in front of you. We have proposed, of
record, in front of you, exactly how the property begins to look like. And we've gone back, since our
last meeting, and come back to you with every piece of data and fact that we've been able to muster.
On that basis, because the commitment from the developers is there, because we've met and we have
your staff recommendations because there's substantial, competent evidence of record as to the
approval for this application, we would request your favorable consideration this evening and your
approval. Thank you very much.
Vice Chairman Gort: Thank you. We'll now close the public hearings.
Commissioner Regalado: Mr. Chairman, I move to approve.
Vice Chairman Gort: There's a motion to approve. Is there a second?
Commissioner Winton: I'll second.
Vice Chairman Gort: It's been moved and second. Discussion?
Commissioner Winton: I'm sorry.
Commissioner Teele: Strictly the SD -12, right?
Commissioner Winton: Right. Commissioner Regalado, I just want to make one more point about
the future of our neighborhoods. And, by the way, I'm going to follow your lead on this anyhow. It
is in your district, but it is part of the City. The fact of the matter is that the longterm success of our
community is going to be driven by the success of our neighborhoods. It is not going to be driven by
the commercial development that is adjacent to our neighborhoods. If we do commercial
development on the 27`x' Avenues and the 7th Streets of the world all throughout the City of Miami
and do it in a fashion that takes away from the quality of life of the neighborhood behind it, then, the
neighborhood is going to deteriorate and when that neighborhood goes down, it won't only be
Kentucky Fried Chicken that closes, it will be this project that closes. If you don't successful
residential neighborhoods, you don't have successful commercial development. And, so, I am going
to follow your lead on this. But it's an issue that, I think, is crucial to this Commission longterm
because it -- this kind of stuff does -- will have either a positive or a negative impact on whether we
January 27, 2000 153
make this City -- get this City out of the realm of being the fourth poorest city in American.
Commissioner Regalado: Thank you. Call the roll.
Vice Chairman Gort: Any further discussion? OK. I would like to make a statement because that's
right across from my district. I shop in that shopping center. I have been shopping there for the last
30 something years. And one thing, Johnny, where I disagree with you a little bit-- and I understand
your point of residential, where you're talking the residential makes the commercial. But it's the
mixture. If the residential -- the commercial area continues to deteriorate, so would it be the
residentials. It's a combination of the two. And I'm not an expert on real estate. But your Planning
Board can tell you. Planning Board approved it. Your Planning Department recommended it. And
what I agree with you is, it's got to be project that is well-designed. I think they have to follow
through to try to get the -- what do you call it? Get the alley to be part of the property, to create
additional parking because parking is becoming a problem. A lot of the buildings that the
gentleman's talking about is closed because they don't have sufficient parking. Also, my request is, is
that right next door to you, you have the Republic Bank that does not use the parking 24 hours a day.
You might be able to make some kind of arrangement with them because they've got excess parking
over there, and they're right next door to you. They're your next-door neighbor. This is a suggestion
that I think you should follow. Read the ordinance. Roll call.
[COMMENTS MADE DURING ROLL CALL]
Commissioner Winton: Reluctant, yes.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE
NO. 33 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, BY ADDING SD -12 BUFFER OVERLAY DISTRICT FOR
THE PROPERTIES LOCATED AT APPROXIMATELY 2725, 2731 AND 2733
NORTHWEST 6TH STREET, MIAMI, FLORIDA; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of November 16, 1999, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by Commissioner
Winton, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
January 27, 2000 154
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11885
The ordinance was read into the public record by the City Attorney.
Vice Chairman Gort: And, please, follow the instructions that we've given you and continue to work on
them.
Mr. Isla: I will. Thank you, Mr. Chairman, members of the Commission. Thank you very much.
Mr. Saqui: Thank you. Good night.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -15 is a
second reading ordinance to amend the Zoning Atlas from government
institutional to R-3 multifamily medium density residential. If -- as you may
recall at the last Commission meeting, this is the one that is the cleanup of our
Zoning Atlas. We're required to keep our comprehensive plan land use map and
the Zoning Atlas consistent, and we're going to be coming back to you with a
series of changes that's going to bring the two maps into compliance. This is
one of those cleanups.
Commissioner Sanchez: So moved.
Commissioner Teele: Public hearing. Is this an ordinance?
Ms. Slazyk: Yes.
Commissioner Winton: Second.
Vice Chairman Gort: Yes. Anyone? Second reading. It's a resolution or an
ordinance?
Mr. Joel E. Maxwell (Assistant City Attorney): It's an ordinance.
Ms. Slazyk: It's an ordinance.
Vice Chairman Gort: I have -- how come I have resolution here? OK.
Mr. Maxwell: This is PZ -15?
'Vice Chairman Gort: It's an ordinance. Call the roll.
January 27, 2000 155
An Ordinance Entitled —
AN ORDINANCE AMENDING PAGE NO. 12 OF THE ZONING
ATLAS OF .THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FROM " GOVERNMENT AND
INSTITUTIONAL TO " MULTIFAMILY MEDIUM - DENSITY
RESIDENTIAL FOR THE PROPERTY LOCATED AT
APPROXIMATELY 6110 NORTHWEST 12TH AVENUE; 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 November 16, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded
by Commissioner Winton, the ordinance was thereupon given its second and final reading by
title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED NO. 11886.
The Ordinance was read the ordinance into the public record by the City Attorney.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -16 is a first
reading ordinance, a text amendment, in order to add child daycare centers as
permissible uses within the SD -6 zoning district, by Class II Special Permit and
limiting it to locations other than the ground floor frontage of pedestrian streets
and urban plazas. This is in recognition of the changing nature of the area. We
are getting some high-rise residential projects, but we don't feel that Biscayne
Boulevard frontage is the right place for some of the child daycare centers. So,
this would allow them in the district in locations other than ground floor of
Biscayne Boulevard and other pedestrian pathways.
Vice Chairman Gort: OK. First reading. Do I have a motion?
January 27, 2000 156
Commissioner Winton: Move it.
Vice Chairman Gort: Moved. Second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any discussion? Call the roll.
An Ordinance Entitled —
AN ORDINANCE AMENDING NUMBER 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING
ARTICLE 6, SECTION 606 SD -6, CENTRAL COMMERCIAL
RESIDENTIAL DISTRICT, IN ORDER TO AMEND SECTION 606.4.2,
TO ADD CHILD DAYCARE CENTERS AS PERMISSIBLE USES
WITHIN THE SD -6 DISTRICT BY CLASS 11 SPECIAL PERMIT
ONLY, AND ONLY IN LOCATIONS OTHER THAN THE GROUND
FLOOR FRONTAGE OF PEDESTRIAN STREETS IN URBAN
PLAZAS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and
was passed on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
The Ordinance was read the ordinance into the public record by the City Attorney.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -17, this is --
was requested by the Commission. This is an amendment to SD -9 to remove
clinics as permissible uses within the SD -9 Biscayne Boulevard north overlay
district.
Vice Chairman Gort: Great. Is there a motion?
January 27, 2000 157
Commissioner Winton: Absolutely.
Commissioner Sanchez: Second.
Vice Chairman Gort: second? Discussion? Being none, read the ordinance.
Call the roll.
An Ordinance Entitled —
AN ORDINANCE AMENDING 11000, AS AMENDED, ZONING.
ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE
6, SECTION 609, SD -9, BISCAYNE BOULEVARD NORTH
OVERLAY DISTRICT IN ORDER TO AMEND SECTIONS 609.4 AND
609.5 TO ELIMINATE CLINICS, MEDICAL OR DENTAL OFFICES
AS CONDITIONAL PRINCIPAL USES WITHIN THE SD -9
BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed
on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
The Ordinance was read into the public record by the City Attorney.
Note for the Record: At this point, the City Commission closes the Planning and Zoning portion
of the agenda to consider items from the regular agenda.
Vice Chairman Gort: OK. Do we close the PZ or we go to pocket items now?
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I'd like to report to the Commission that today the MPO
(Metropolitan Planning Organization) approved a resolution establishing a
downtown Miami Transportation Master Plan Task Force, which includes the
State of Florida, the Miami -Dade County, the Miami -Dade Expressway
January 27, 2000 158
Authority, and City of Miami officials, along with private sector representation,
as designated by the chair and the MPO, and further designated Commissioners
Johnny Winton and County Commissioner Bruno Barrera as co-chairs of the
task force. It's very important that the management take note of this. The
Manager of the County was extremely cooperative. Commissioner Winton, if
you review the tape, you'll see that, when the motion was made, there was no
second for it about 15 seconds, and finally one of the Commissioners seconded
the motion. The Manager immediately jumped in. Merritt Steirheim is really
explained that this was something that his staff has worked with you on, and
they fully support this. And we saw this as a.prelude to perhaps even build ago
tunnel in the future. Mayor Martinez had some concerns because he had read in
the Herald some statements regarding the 2nd Avenue Bridge not being built,
and he wanted clarification, that this didn't delay -- that the Florida DOT
(Department of Transportation) was extremely cooperative and supportive of
this position. And I congratulate you, sir, and ask you to go forth.
Commissioner Winton: And I would like to say that this absolutely could not
have happened without the support of Commissioner Teele, as our
representative to the MPO. Because in the public hearings that y'all authorized
us to hold, Commissioner Teele had to take the leadership role in terms of the
whole process and procedure, because I was just kind of .a babe in the woods.
So, I really appreciate that help. And it seems to me that those are the ways
that all of us, as a team tied to the staffs of our City -- because, frankly, if it
hadn't have been -- I mean, the staff of the City and the staff of the County, as
you said, Commissioner Teele, really jumped on this and did and did an out
standing job, and put all of the detail together to allow us to pull off this really
major support mechanism from the State on down. So, it was a heck of a team
effort, and I want to thank everybody that was involved. I'm very, very
appreciative.
Commissioner Teele: And, finally -- thank you. And finally, Mr. Chairman, to
the management and the Commission, the MPO also approved a second phase of
the study, which, quite frankly, they hadn't even begun. We passed a resolution
regarding Northeast 2"d Avenue. They have reversed themselves on this issue
within the last 30 days, an they are going to move forward with seeking an
expedited federal funding of a funding source that is unique and never been
utilized by the County to revitalize and to reconstruct Northeast 2nd Avenue.
And, again, Mr. Manager, I think it's very important that the planning staff --
Northeast 2"d Avenue is a County road, but it really, you know, goes from the
design district right all the way up through Little Haiti, and I think it's very
important that the Planning staff and the Public Works staff work with the
County. The big issue, Mr. Manager, is that there is a short timetable. There is
a unique federal funding opportunity, which expires on this coming Monday,
and we have done a lot of work. There was a charrette done, I think. Mayor
Carollo and others were very much involved in the design district, you know,
where they had Plater-Zyberk doing these studies. So, we have enough
information, and it really would behoove the City if the City could sort of take
the lead in writing the grant application, which has to be completed by Monday
to go to Washington. But, you know, it's an annual process and, you know, it
never hurts to get the grant in. You can always amend it and change it, but it's
a unique opportunity, and I would, Mr. Manager, ask your cooperation in
January 27, 2000 159
working closely with the County in the Planning Department and Public Works.
And I think, again, the MPO is paying particular attention to municipalities,
thanks largely to the presence of Mayor Martinez of Hialeah and other mayors,
and we're very interested in trying to keep that process alive. Thank you.
Vice Chairman Gort: Thank you.
Vice Chairman Gort: Pocket item. We'll begin Commissioner Winton, do you
have any?
Commissioner Winton: No.
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: Yes, I do. Thank you, Mr. Vice Chair. I just want to
elaborate a little bit on the legislation 2000 session that starts the first week of
March. The City of Miami has requested various projects to be funded through
the State of Florida, to complete the application of the community budget
request form, ask whether the projects request were heard before a public
notice meeting. Therefore, I respectfully request to discuss the attached
legislative budget request at today's meeting. I am faced with a deadline-- the
deadline require that's this be heard today. I have four items, and this could be
considered a public hearing, being that the public is here, and also channel 9
would show this. There are four items --
Commissioner Teele: You know, Commissioner --
Mr. Joel E. Maxwell (Assistant City Attorney): I'm sorry, Commissioner.
Commissioner Teele: -- I'm not -- you know, I'm not going to do this things
that you did the other night, but you've got to understand, a public hearing has -
- is a term of art and, you know, I would like to be cooperative, if you would
like to be a committee of one, to hold a public hearing or something. You
know, there is a way to do it. But let's don't make the rules up as we go. A
public hearing requires most -- first and foremost -- Mr. Attorney, you need to
clarify this. First and foremost, it requires notice.
Commissioner Sanchez: It's to be heard publicly.
Commissioner Teele: Well, if it's to be heard publicly, that's --
Commissioner Sanchez: I want to clarify, so if we could wait for Marva to get
here. I want to clarify it. I think that this has to be just heard publicly, so we
could get this on the way. I have just four items that I'll brief the Commission
on, and then the following projects, in the next Commission meeting, I will
brief you on. A lot of these items are pertaining to each of our districts, but
we'll wait for Marva to be here to clarify that.
January 27, 2000 160
Vice Chairman Gort: OK. What are you requesting in this pocket item? What
are we requesting in this pocket item? What are you requesting?
Commissioner Sanchez: I have a deadline. Marva will explain it to you. Just
let her get here.
Vice Chairman Gort: No.
Unidentified Speaker: Marva is gone.
Commissioner Sanchez: She's gone.
Vice Chairman Gort: She's gone. She's got to take care of the kid. What do
you --
Mr. Alejandro Vilarello (City Attorney): Commissioner, if I could review the
document that's you have, perhaps I can help you through. Public meeting --
you are in a public session, which, if that's the sole requirement, you can take
up any business which appropriately comes before you.
Commissioner Sanchez: I do believe that is the -- what's required; however, I
wanted to clarify it so we do it, because we're faced here with a deadline that
these items have to be heard today. And I apologize for --
Commissioner Teele: Why do they have to be heard today?
Vice Chairman Gort: Why do they have to be heard?
Commissioner Sanchez: Marva will explain. Let's try to get her on the phone.
Let's pass this and we'll get back to it.
Vice Chairman Gort: Let me ask you a question. Let me ask you a question.
These are -- are these to be included in the package for the legislative package?
Commissioner Sanchez: They are already included. I went in front of the Dade
delegation Dade Delegation and briefed them on the --
Vice Chairman Gort: So, what is this in front of us?
Commissioner Sanchez: This is to basically allow the public to know what
we're doing.
Vice Chairman Gort: Well, -- I mean, you're, not requesting any funding.
You're not requesting anything. This is an informative -- there is no problem in
that. That's my understanding.
Commissioner Sanchez: What it asks is, if this has been heard in public?
Mr. Vilarello: Commissioner Sanchez?
January 27, 2000 161
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Vice Chairman Gort: Yes.
0
Mr. Vilarello: Commissioner, if you would give me -- defer just for a few
moments so that I have an opportunity to read it and see if I can find a way to
resolve this for you.
Vice Chairman Gort: OK. Defer it for five minutes. Any other pocket items?
Vice Chairman Gort: Any Other pocket items? Commissioner Regalado.
Commissioner Teele. I'm sorry. Commissioner Teele.
Commissioner Teele: Yeah. I'm not going to -- I think we need to stop having
pocket items, because I think everybody needs to have notice and enough time
to consider each item. And our rule is that any Commissioner can kill a pocket
item; is that right, Mr. Attorney?
Vice Chairman Gort: That's correct.
Commissioner Teele: OK. So, I think we need to really take another look at
the pocket item process. But in the context of where we are, I need
clarification, Mr. Attorney, on this fact that I've received apparently from the
court or somewhere, that basically says that the emergency motion to expedite
hearings is granted, and the initial brief is to be filed by February 5. An then it
suggests that Monday, February 14, will be set for oral argument, 10 minutes
per side?
Mr. Alejandro Vilarello (City Attorney): Yes. We received that --
Commissioner Teele: Is this a hoax or is this serious?
Mr. Vilarello: No. That is -- that's the order from the third district -- the clerk
of the Third District Court of Appeals, setting the expedited hearings and the
briefing schedule.
Commissioner Winton: I didn't understand any of that. Could you help me
there?
Mr. Vilarello: Counsel for the City -- I'm sorry.
Commissioner Teele: Let me just ask one question. I read -- I didn't know if
this was a hoax or if this was serious, but it appears that the hearings have been
set for February 14 on the lawsuit.
Mr. Vilarello: Yes, sir.
Commissioner Teele: Is it fair to say that the granting of the hearing
January 27, 2000 162
constitutes, in some ways, a stay of the lower courts .decision, or it holds --
Mr. Vilarello: No, sir. The notice of appeal, filed by counsel for the City,
operates under the rules of appellate procedure as a stay.
Commissioner Teele: Stay, OK.
Mr. Vilarello: That means Judge Smith's order --
Commissioner Teele: So, is this election -- I mean, I think, you know -- I know
the Herald will explain this very clearly, with an unbiased view, but I think it's
very important -- because this is very serious no. Is the election on or off?
Mr. Vilarello: As of this moment, the election is on.
Commissioner Teele: OK. So, if the stories tomorrow read -- well, let me put
it this way. The elections are on. What about qualifying? Is the Clerk still
authorized to qualify?
Mr. Vilarello: Yes, sir.
Commissioner Teele: Let's assume that someone doesn't qualify and, at the end
of the day, they are still in the election. Can they come back and get qualified,
waiting on the end of the Court's decision?
Mr. Vilarello: No.
Commissioner Teele: So, if somebody is going to run, they have to file by
when?
Mr. Walter Foeman (City Clerk): Saturday, at 6 p.m., January 29.
Commissioner Teele: That's this coming Saturday?
Mr. Foeman: Yes.
Commissioner Teele: OK. Because I -- you know, the last time this thing
occurred, the way things got characterized is that people were of the impression
there was going to be no election. I mean, this was a whole lot of things that
happened. So, I really do think that, to the extent NET -9 can notice that the
elections are on until otherwise off, and if the media could be very clear and
not, you know, confusing about this -- I think you've been very clear, but it just
seems to me that this February 14 is -- it really works a hardship on the public
because they don't know what the ruling is going to be.
Mr. Vilarello: Commissioner, if I can briefly just try to say, the notice of
appeal operates as a stay of the Judge's order, which essentially means that you
should assume -- it's as if it was the day before Judge Smith issued her order.
Everything that was going to happen the day before she issued her order will
continue, unless we get a further order from the court changing it. So, as we
stand today, the election will pursue.
January 27, 2000 163
Commissioner Teele: One final question, very important. Is there an appeal
from the Third DCA (District Court of Appeals)?
Mr. Vilarello: Yes, sir.
Commissioner Teele: Where is that appeal?
Mr. Vilarello: I'm sorry?
Commissioner Teele: What court is --
Mr. Vilarello: Oh, I'm sorry. The Supreme Court.
Commissioner Teele: The Supreme Court of Florida. So, in other words, no
matter what the third DCA rules, there could be an appeal before the Florida
Supreme Court?
Mr. Vilarello: There is one procedural distinction. There is no automatic
associated with an appeal from the Third District Court of Appeals. That would
have to be requested and granted.
Commissioner Teele: But the question is, could there be an appeal from the
third DCA by either party to the Florida Supreme Court?
Mr. Vilarello: Yes, sir.
Commissioner Teele: So, this is truly a case of "The opera ain't over until the
Supreme Court sings," perhaps?
Commissioner Winton: Well, I certainly hope that -- Commissioner Teele,
you've kind of led this charge, at least since I've been on this Commission. I
mean, you've been very consistent in your demand that the public understand
the implications of what we're doing, and particularly trying to get people to
understand what things costs. And, so, I hope that -- if we, as a Commission,
make the decision, if we lose, to appeal to the Florida Supreme Court, that
somebody stopped and looked at the overall costs associated with this.
Commissioner Teele: It's an automatic appeal, if we lose. That's.the -- one of
the issues that I'm trying to make sure that everybody understands.
Commissioner Winton: It's automatic?
Commissioner Teele: We always appeal --
Commissioner Sanchez: Yeah, it's always. It's an automatic appeal.
Commissioner Teele: -- all decisions that are at --
Mr. Vilarello: Sometimes we over state the case. There needs to be -- you've
selected counsel to give your advice. They need to review the case, and they
January 27, 2000 164
make a legal conclusion as to whether an appeal would serve the best interest of
the City, and then they take it forward. So, automatic is not something that I
would -- I wouldn't use that word.
Commissioner Winton: So, it's not automatic.
Commissioner Teele: Well, OK.
Mr. Vilarello: I wouldn't use that word.
Commissioner Regalado: But can I say something, Mr. Chairman, on this
matter? What Commissioner Teele said -- and it wasn't, in a way to direct the
administration. I think it makes sense. We do not have the ways to get publish
in all the media with what is going on right now because there are different
media with other stories or agendas, and we need to have the City Attorney
write a legal report to the residents and citizens of Miami, and to be placed
and translated on channel 9, under the title "Information to the residents of
Miami from the City Attorney's Office." I think that that would help the people
to understand what is really going on, the people who would watch that. I have
a pocket item, Mr. --
Vice Chairman Gort: Thank you. Go ahead.
Commissioner Regalado: I have a pocket item, Mr. --
Vice Chairman Gort: Thank you. OK. Go ahead.
Commissioner Sanchez: If I could just get back -- I have spoken to Marva
Wiley, who said that this does require a public meeting. These four items,
legislative items, are in jeopardy. Of course, we did not meet the deadline.
Commissioner Teele: Second the motion.
Commissioner Sanchez: However, I will make a motion to hold a public
meeting in the next agenda to discuss the other items that are pertaining to the
legislation 2000 session.
Commissioner Teele: Why don't you do this.
Mr. Alejandro Vilarello (City Attorney): Commissioner? Commissioner, with
all due respect to Ms. Wiley. I did have an opportunity to read what's
necessary here. You are at a properly called Commission meeting. You can
January 27, 2000 165
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consider the items here. They are asking an expression of this City
Commission's consent to these legislative items going forward.
Vice Chairman Gort: We want to do it, yes.
Mr. Vilarello: A resolution is not necessary. Simply a motion of the City
Commission is, and that -- and it would be appropriate to bring this up, if this
City Commission, by motion, approves these items. It has been discussed at a
public meeting.
Commissioner Teele: All of them, not --
Commissioner Sanchez: Well, these are the ones that have just required. I
would bring the other ones up. You have not been provided a copy. I have
provided a copy to you of all the other items.
.Commissioner Teele: Second the motion.
Vice Chairman Gort: You move to approve the -- and it's second. Any further
discussion?
Mr. Vilarello: Just the four items.
Vice Chairman Gort: For four items. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 00-104
A MOTION OF THE MIAMI CITY COMMISSION
EXPRESSING ITS SUPPORT FOR THE FOLLOWING
LEGISLATIVE PRIORITIES CURRENTLY SCHEDULED
TO BE CONSIDERED DURING THE UP COMING 2000
FLORIDA STATE LEGISLATIVE SESSION:
1. BLUE LAGOON LAKE CLEAN UP; 2. VERRICK PARK
COMMUNITY CENTER RECREATIONAL ACTIVITIES; 3.
MIAMI LOVE AT RISK YOUTH PROJECT; AND 4. AN
AFTER SCHOOL ENRICHMENT PROGRAM;
ENRICHMENT; FURTHER STIPULATING THAT OTHER
PENDING LEGISLATIVE PRIORITIES TO BE
PROFFERED BY THE CITY FOR THE 2000
LEGISLATIVE SESSION WILL BE CONSIDERED BY
THE CITY COMMISSION, AS A SCHEDULED PUBLIC
HEARING ITEM AT THE UP COMING COMMISSION
MEETING OF FEBRUARY 10, 2000.
January 27, 2000 166
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Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur. E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: That's the famous Blue Lagoon. Hope we can get it
cleaned once and for all.
Vice Chairman Gort: What do you have, Commissioner Regalado?
Commissioner Regalado: Mr. Chairman, in the last Commission meeting, the
City Commission appointed me as Chairman of one - man committee for
Economic Development. As you know, I'm not Chairman of any other
committee; but the City Attorney advised that we need to rescind that
resolution, and appoint a full committee, that is, a five - member committee,
myself and four other members appointed by the other four members of the
Commission; and that that committee will have the support, in terms of
information and personnel from the administration, and that would report each
60 days from the empanelment of the committee to the Commission, and it
would last for 363 days. That would be an Economic Development Committee
created by the City Commission.
Commissioner Teele: Second the motion, with an amendment.
Commissioner Regalado: Sure.
Commissioner Teele: That the committee be seven persons, with the Mayor and
the Chairman of the committee each having one appointment.
Commissioner Regalado: OK.
Vice Chairman Gort: OK. And that this appointment could be sent in by the --
Commissioner Regalado: By memo to --
Vice Chairman Gort: By memo, and do it as soon as possible, please.
January 27, 2000 167
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Commissioner Regalado: And I would ask the member of the Commission to do
so.
Vice Chairman Gort: And you, as a chairperson, can call the meeting any time
you want to, and you should have the full cooperation of staff. Don't go,
people. I've got something. Anybody else?
Commissioner Teele: Call the question, as amended.
Vice Chairman Gort: As amended. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
Vice Chairman Gort: Nays? No nays.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 00-105
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING, IN
ITS ENTIRETY, RESOLUTION NO. 00-40 WHICH APPOINTED
COMMISSIONER TOMAS REGALADO AS A COMMITTEE OF ONE FOR
A PERIOD OF 360 DAYS, TO REVIEW THE STATUS OF ECONOMIC
DEVELOPMENT IN THE CITY OF MIAMI; ESTABLISHING IN LIEU
THERE OF THEREOF, THE ECONOMIC DEVELOPMENT COMMITTEE
(THE "COMMITTEE"); SETTING FORTH SAID COMMITTEE'S PURPOSE,
POWERS, AND DUTIES; PROVIDING FOR MEMBERSHIP, OFFICERS,
RULES OF PROCEDURE, MEETINGS AND QUORUM, ASSIGNMENT OF
PERSONNEL, PUBLIC NOTICE, AND THE "SUNSET" OF SAID
COMMITTEE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
January 27, 2000 168
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Vice Chairman Gort: I have a -- for the -- Juan Duarte Park, I have a donation.
I went to work right after you all told me we need to get the private sector
involved. The YMCA, in coordination with the Jackson Memorial -- Jackson
High School had come up with some paintings that they would like to do in the
building that we have in that park. I need a resolution approving and accepting
the donation.
Commissioner Teele: So moved, Mr. Chairman, but --
Commissioner Regalado: Second. ,
Commissioner Teele: -- subject to the Planning Department and the Parks
Department providing --
Mr. Albert Ruder (Director, Parks & Recreation): We have approved it, and
they want to start tomorrow, and we just got it. You know, it's a last minutes
thing, and it looks like --
Commissioner Teele: Without amendment.
Vice Chairman Gort: And maybe you and Mr. Cruz -- you're not opposing this,
right? OK. Thank you, sir. Thank you. Even Cruz is approving this. This is
great.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes. No. I have two more.
Mr. Walter Foeman (City Clerk): Mr. Chairman, we need to take a roll call on
that.
Vice Chairman Gort: OK. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
Vice Chairman Gort: Accept it. Okee doke.
a
January 27, 2000 169
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-106
PENDING — LEGISLATION
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Teele: Mr. Chairman, I would move the resolution that was
approved by the MPO (Metropolitan Planning Organization) today on behalf of
the City Commission, which establishes the Downtown Miami Task Force
Master Plan, and it designates Commissioners Winton and Bruno as the co-
chair, and further provides that task force shall make reports, as called for, in
the resolution. I would so move.
Vice Chairman Gort: There is a motion. Is there a second?
Commissioner Winton: Second.
January 27, 2000 170
Vice Chairman Gort: Second. Any discussion? Being none, all in favor state
by saying "aye."
The Commission (Collectively): "Aye."
Vice Chairman Gort: No nays.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-107
A RESOLUTION OF THE MIAMI CITY COMMISSION ENDORSING THE
METROPOLITAN PLANNING ORGANIZATION'S RESOLUTION
RELATED TO THE ESTABLISHMENT OF A DOWNTOWN MIAMI
TRANSPORTATION MASTER PLAN TASK FORCE WITH CITY
COMMISSIONER JOHNNY WINTON AND MIAMI-DADE COUNTY
COMMISSIONER BRUNO A. BARREIRO, AS CO -CHAIRPERSONS;
FURTHER ESTABLISHING THE DOWNTOWN COMPREHENSIVE
TRANSPORTATION MASTER PLAN TASK FORCE ("TASK FORCE") FOR
A PERIOD NOT TO EXCEED ONE YEAR, TO ADVISE AND MAKE
RECOMMENDATIONS TO THE CITY COMMISSION RELATED TO THE
COORDINATION AND PREPARATION OF A TRANSPORTATION
MASTER PLAN FOR THE DOWNTOWN AREA; SETTING FORTH SAID
TASK FORCE'S PURPOSE AND DUTIES; AND PROVIDING FOR
OFFICERS, MEETINGS; QUORUMS, AND REQUIREMENTS FOR
MEMBERSHIP.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Joe Sanchez
January 27, 2000 171
Commissioner Teele: And, Mr. Chairman, pursuant to the 2"d Avenue, I would
ask that the -- move that the Commission -- the management work with the
County in conducting a public hearing within the community to ensure the
maximum participation, and to work closely with the County and the MPO
(Metropolitan Planning Organization) and the Florida DOT (Department of
Transportation).
Vice Chairman Gort: There is a motion. Is there a second?
Commissioner Sanchez: Second.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Any further discussion?
Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-108
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACKNOWLEDGING AND ENDORSING THE METROPOLITAN
PLANNING ORGANIZATION'S ("M P O") RESOLUTION ADOPTED
JANUARY 27, 2000, WHICH DECLARED IMPROVEMENTS AND
RECONSTRUCTION FOR THE TRANSPORTATION CORRIDOR
LOCATED AT NORTHEAST SECOND AVENUE FROM 36TH TO
87TH STREETS TO BE A PRIORITY; REQUESTING THAT THE MPO
PURSUE ALL AVAILABLE FUNDING SOURCES, INCLUDING THE
INCLUSION OF THIS CORRIDOR IN THE APPROPRIATE FEDERAL
AND STATE LEGISLATIVE INITIATIVE PACKAGES FOR SAID
IMPROVEMENTS AND RECONSTRUCTION; DIRECTING THE
CITY MANAGER TO SCHEDULE A PUBLIC HEARING AT A CITY
COMMISSION MEETING TO OBTAIN INPUT FROM THE
COMMUNITY FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
January 27, 2000 172
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Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: I have a resolution that we passed in the legal cities. As
you know, there is a legislation in Tallahassee where they are trying to pass the
funds that come for the adult education. Right now, they are in the hands of
the school system, and it's being used quite a bit by community schools. The
change is to try to get the Miami -Dade Community College to have those funds,
and I think that would be a disservice to our neighborhoods.
Commissioner Teele: I would so move, at the Chairman's request, but, Mr.
Chairman, you know, with all due respect, this was a Lieutenant Governor's
initiative and it really has hurt the whole area of -- it really has work to the
detriment of workforce development activities, and may be too late. But I
would so move it at your request.
Vice Chairman Gort: It's moved and it's second.
Commissioner Sanchez: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor state by saying
"aye."
The Commission (Collectively): "Aye."
January 27, 2000 173
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-109
A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY
OPPOSING ANY PROPOSED LEGISLATION TO ASSIGN THE SOLE
CONTROL OF THE DELIVERY OF POSTSECONDARY
WORKFORCE EDUCATION PROGRAMS TO THE STATE
COMMUNITY COLLEGE SYSTEM; AND FURTHER URGING THE
FLORIDA LEGISLATURE TO MAINTAIN THE CURRENT DUAL
DELIVERY SYSTEM BY CONTINUING APPROPRIATIONS FOR
ADULT AND POST SECONDARY VOCATIONAL PROGRAMS TO
BE CONDUCTED BY THE MIAMI-DADE COUNTY PUBLIC
SCHOOL SYSTEM; AND DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THE HEREIN RESOLUTION TO THE
OFFICIALS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: I have a request today from the Department of Off -Street
Parking, where they named the -- they reappointed Mike Kosnitzky to the board
of the -- and he's done an excellent for the many years that he's been there.
Commissioner Teele: So moved.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved. Is there a second? Any further
discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
January 27, 2000 174
•
•
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-110
A ,RESOLUTION OF THE MIAMI CITY COMMISSION
CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL AS A
MEMBER OF THE OFF-STREET PARKING BOARD OF THE CITY
OF MIAMI FOR A TERM 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 Sanchez, the resolution was passed and adopted by the
following vote'
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: And, as you all know -- well, you don't know, but I've
been named chairperson of the American Cancer society. It's having a function
here in Coconut Grove, and right now we're having an opening invitation to Tu
Tu Tango for the announcement of the events that are going to take place.
You're all welcome to go.
Commissioner Teele: Tu Tu Tango?
Vice Chairman. Gort: Tu Tu Tango. Right now. It starts at 7 o'clock. You're
all invited. Do I have a motion to adjourn?
Commissioner Teele: So moved.
Commissioner Winton: So moved.
Vice Chairman Gort: Thank you. Have a good day. Take care of yourselves.
January 27, 2000 175
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 7:30 P.M.
ATTEST:
Walter Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
(SEAL)
JOE CAROLLO
MAYOR
January 27, 2000 176