HomeMy WebLinkAboutCC 2000-06-29 MinutesCITY OF MIAMI
COMMISSION
MEETING
MINUTES
OF MEETING HELD ON JUNE 2% 2000
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
ITEM NO.
1.
INDEX
MINUTES OF COMMISSION MEETING
JUNE 29, 2000
SUBJECT
LEGISLATION
PRESENTATIONS: 6/29/00
PRESENTATIONS
1) COMMENDATION: TO OFFICER RICHARD 2
PEREZ, POLICE OFFICER OF THE MONTH.
2) PROCLAMATION: TO IVAN RAMIREZ, FOR
CONTRIBUTIONS TO LOCAL ARTISTIC AND
CULTURAL EVENTS.
3) PROCLAMATION: TO BILL TECK, FOR HIS
SUCCESS IN BUSINESS AND MEDIA RELATED TO
CUBAN -AMERICAN RADIO, MAGAZINES AND
FILMS.
4) PROCLAMATION: TO BERTHA W. HENRY
FOR HER OUTSTANDING WORK AS ASSISTANT
CITY MANAGER IN FINANCE AND
ADMINISTRATION.
5) COMMENDATION: TO DR. KATHLEEN
SCHRANK FOR HER DEDICATION TO MEDICAL
SERVICES FOR FIRE FIGHTER REHABILITATION
SERVICES.
2. RESCHEDULE JULY 13, 2000 COMMISSION 6/29/00
MEETING TO JULY 20, 2000. R-00-522
3-4
3. TABLED: PROPOSED AMENDMENT TO 6/29/00
RESOLUTION NO. 00-427 TO TRANSFER $3" DISCUSSION
MILLION DOLLARS ($3,000,000) OF CDBG FUNDS 5
FROM 3RD AVENUE HISTORIC BUSINESS
CORRIDOR. (See # 11 and 37)
4. TABLED: DISCUSSION AND PERSONAL 6/29/00
APPEARANCE BY DEBBIE SPIEGLEMAN DISCUSSION
CONCERNING THE MIAMI YOUTH MUSEUM. 6
(See #34)
5. CONSENT AGENDA.
6/29/00
DISCUSSION
7-11
5.1
ACCEPT BID OF WINNER INTERNATIONAL
6/29/00
FOR PURCHASE OF 2,772 DOUBLE HOOK
R-00-523
STEERING WHEEL LOCK/CLUB UNITS, FOR
11
DEPARTMENT OF POLICE, $24,948; ALLOCATING
FUNDS FROM OPERATION C.A.R.S. GRANT.
5.2
AUTHORIZE ALLOCATION OF LAW
6/29/00
ENFORCEMENT TRUST FUNDS, $77,443, FOR
R-00-524
ACQUISITION OF TEN MERCURY OUTBOARD
12
ENGINES FROM MERCURY MARINE, AWARDED
UNDER EXISTING STATE OF FLORIDA
CONTRACT.
5.3
APPROVE ESTABLISHMENT OF QUALIFIED
6/29/00
BIDDERS LIST COMPRISED OF FOUR PRE-
R-00-525
QUALIFIED VENDORS FOR LATENT PRINT
12
EXAMINATION SERVICES FOR DEPARTMENT OF
POLICE, $75,000, ALLOCATING FUNDS FROM
POLICE DEPARTMENT GENERAL OPERATING
BUDGET.
5.4
APPROVE PROCUREMENT OF RECORDING
6/29/00
SERVICES FROM CLERK OF THE COURT,
R-00-526
MIAMI-DADE COUNTY, FOR OFFICE OF
13
HEARING BOARDS, $19,400, ANNUAL AMOUNT
$25,000; ALLOCATING FUNDS FROM
PROFESSIONAL SERVICES.
5.5 APPROVE CITYWIDE. PROCUREMENT OF
MICROSOFT LICENSES AND MAINTENANCE
FROM SOFTWARE HOUSE INTERNATIONAL,
AWARDED UNDER EXISTING STATE OF FLORIDA
CONTRACT FOR DEPARTMENT OF PURCHASING
TO BE UTILIZED CITYWIDE; ALLOCATING FUNDS
FROM OPERATING BUDGETS OF VARIOUS USER
DEPARTMENTS.
5.6 APPROVE ACQUISITION OF COMPUTER
TECHNICAL TRAINING FROM EXECUTRAIN,
AWARDED UNDER EXISTING STATE OF FLORIDA
CONTRACT FOR DEPARTMENT OF
INFORMATION TECHNOLOGY, THROUGH
CITYWIDE TRAINING INITIATIVE COORDINATED
BY DEPARTMENT OF HUMAN RESOURCES,
$20,000; ALLOCATING FUNDS FROM
DEPARTMENT OF HUMAN RESOURCES.
6. APPROVE AND CONFIRM MANAGER'S FINDING
OF SOLE SOURCE; WAIVING REQUIREMENTS
FOR COMPETITIVE SEALED BIDS, AND
APPROVE PROCUREMENT OF SID TM
EXPLOSIVE DEVICE TRANSPORT SYSTEM
FROM CRIMINALISTICS, INC., THE SOLE
SOURCE PROVIDER, FOR DEPARTMENT OF
POLICE, $24,600; ALLOCATING FUNDS FROM LAW
ENFORCEMENT TRUST FUND.
7. WAIVE REQUIREMENTS FOR , COMPETITIVE
SEALED BIDS, APPROVE AND CONFIRM
MANAGER'S FINDING THAT COMPETITIVE
BIDDING PROCEDURES WOULD NOT BE
PRACTICABLE OR ADVANTAGEOUS, AND
APPROVE ACQUISITION OF SMARTPATH
LIGHTGATE SERVICE TO UPGRADE THE E-911
SYSTEM AT POLICE DEPARTMENT AND
BACKUP SITE AND FIRE COLLEGE FROM
BELLSOUTH TELECOMMUNICATIONS, INC.,
$14,652; ALLOCATING FUNDS FROM E-911
OPERATING BUDGET.
6/29/00
R-00-527
13
6/29/00
R-00-528
14
6/29/00
R-00-529
15-16
6/29/00
R-00-530
17-18
8. APPROVE CITY'S FIVE-YEAR STRATEGIC (FY
2000-2004) AND ANNUAL (FY 2000-2001) PUBLIC
HOUSING PLANS, IN CONNECTION WITH
CITY'S SECTION 8 MODERATE
REHABILITATION VOUCHER REPLACEMENT
PROGRAM.
9. AUTHORIZE MANAGER TO ALLOCATE
FUNDING FROM CITY'S FY 1999-2000 HOME
INVESTMENT PARTNERSHIP ("HOME")
PROGRAM TO JUBILEE COMMUNITY
DEVELOPMENT CORPORATION, $500,000, AND
LITTLE HAITI HOUSING ASSOCIATION, INC.,
$360,000, IN CONNECTION WITH
CONSTRUCTION OF FIFTY-EIGHT (58) UNITS OF
HOMEOWNERSHIP HOUSING IN THE
ALLAPATTAH AND LITTLE HAITI
NEIGHBORHOODS.
10. AUTHORIZE MANAGER TO ALLOCATE $10,000
OF 25TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT ("CDBG") FUNDS TO WORD OF
LIFE COMMUNITY DEVELOPMENT
CORPORATION, AND CARRY-OVER
ADDITIONAL AMOUNT, $11,934, IN
UNEXPENDED 24TH YEAR CDBG PROGRAM
FUNDS TO THE AFORESAID AGENCY, TO
UNDERTAKE HOUSING DEVELOPMENT
ACTIVITIES IN THE CITY.
11. DEFER CONSIDERATION OF PROPOSED
AMENDMENT TO RESOLUTION NO. 00-427 BY
TRANSFERRING $3 MILLION OF PREVIOUSLY
APPROVED COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS FOR HISTORIC
OVERTOWN PRIORITY BUSINESS CORRIDOR
PROJECT TO MEET THE ANNUAL FUNDING
COMMITMENT TO THE COMMUNITY
REDEVELOPMENT AGENCY (CAMILLUS HOUSE).
(SEE #3 & 37)
l
6/29/00
R-00-531
19-23
6/29/00
R-00-532
24-26
6/29/00
R-00-533
27-29
6/29/00
M-00-534
30-31
12. ALLOCATE $100,000 OF COMMUNITY
DEVELOPMENT BLOCK GRANT ("CDBG")
FUNDS FROM PREVIOUSLY APPROVED LITTLE
HAITI JOB CREATION PROJECT TO ASSIST
TWO BUSINESSES IN EDISON LITTLE
RIVER/LITTLE HAITI AREA AND $28,230 OF
CDBG FUNDS FROM PREVIOUSLY APPROVED
CITYWIDE MICRO LOAN PROGRAM TO ASSIST
ONE BUSINESS IN MODEL CITY AREA, WITH
SAID ALLOCATIONS PROVIDING FUNDING FOR
THREE BUSINESSES TO PARTICIPATE IN
COMMERCIAL REVITALIZATION PROJECT. ,
13. EMERGENCY ORDINANCE: AMEND SECTIONS
54-411 THROUGH 54-429 OF THE CITY CODE
"STREETS AND SIDEWALKS, USE OF THE
PUBLIC RIGHTS-OF-WAY FOR INSTALLATION
OF PAY TELEPHONES," TO PROVIDE FOR
UNIFORM PROCEDURES RELATING TO
GRANTING OF PERMITS FOR CONSTRUCTION,
OPERATION AND MAINTENANCE OF PAY
TELEPHONES IN THE CITY'S PUBLIC RIGHTS-
OF-WAY.
14. SECOND READING ORDINANCE: AMEND
SECTION 54-190 OF THE CITY CODE "STREETS
AND SIDEWALKS/BASE BUILDING
LINES/NONSTANDARD STREET WIDTHS," TO
MODIFY WIDTH OF CERTAIN STREETS, AVENUES,
AND PLACE IN OVERTOWN COMMUNITY.
15. FIRST READING ORDINANCE: AMEND
ORDINANCE NO. 11912 WHICH ESTABLISHED A
SPECIAL REVENUE FUND "MIAMI-DADE
COUNTY EMS GRANT AWARD (FY 99-00)" BY
INCREASING SAID APPROPRIATION TO
INCLUDE $120,000 CARRY-OVER FUNDS, FOR
TOTAL ALLOCATION OF $236,857.10, FOR
DEPARTMENT OF FIRE -RESCUE: EMS EQUIPMENT
$70,857.10; RISK WATCH PROGRAM $58,000;
CONFERENCES AND SEMINARS $31,000; AND
STATION ALERTING UPGRADE $77,000.
6/29/00
R-00-535
32-38
6/29/00
ORDINANCE
NO. 11937
39-61
6/29/00
ORDINANCE
NO. 11938
62-63
6/29/00
FIRST READING
ORDINANCE
16. FIRST READING ORDINANCE: AMEND SECTION
2-33 BY ADDING NEW SUBSECTION (f) AND
RELETTERING EXISTING SUBSECTIONS 2-33 (f)
THROUGH (k) OF THE CITY CODE
"ADMINISTRATION/CITY COMMISSION/ORDER
OF BUSINESS AND RULES OF PROCEDURE," TO
PROVIDE THE FOLLOWING BE POSTED ON
THE INTERNET: (1) CITY COMMISSION
AGENDA WITH AGENDA'S DISTRIBUTION, (2)
SUPPLEMENTAL AGENDA AND INFORMATION
RELATED TO UPCOMING AGENDA WITH ITS
DISTRIBUTION, AND (3) CITY CLERK'S REPORT
AFTER RELEASE OF BY CITY CLERK AFTER A
CITY COMMISSION MEETING.
17. AUTHORIZE MANAGER TO EXECUTE PERMIT
AGREEMENT BETWEEN CITY AND MIAMI-
DADE COUNTY FOR USE OF 1,200 SQUARE FEET
OF OFFICE SPACE FOR OFFICE OF
WORKFORCE DEVELOPMENT AT GROSS RATE
OF $9.50 PER SQUARE FOOT, FOR MONTHLY COST
OF $950.00.
18. AUTHORIZE MANAGER TO EXECUTE AMENDMENT
NO. 1 TO SUBLEASE AGREEMENT BETWEEN CITY
AND ALL DADE TRAFFIC SCHOOL, FOR USE OF
OFFICE SPACE FOR FLAGAMI NEIGHBORHOOD
ENHANCEMENT TEAM SERVICE CENTER AND MINI
POLICE SUB -STATION OFFICES.
19. APPROVE AND CONFIRM MANAGER'S FINDING
OF EMERGENCY, WAIVING REQUIREMENTS
FOR COMPETITIVE SEALED BIDS AND
APPROVE RENOVATIONS AND REPAIRS TO
MANUEL ARTIME COMMUNITY CENTER
BUILDINGS AND THEATER, FOR DEPARTMENT
OF CONFERENCES, CONVENTIONS AND
PUBLIC FACILITIES, $185,000, ALLOCATING
FUNDS FROM GRANT AWARDED BY MIAMI-
DADE COUNTY CULTURAL AFFAIRS COUNCIL,
$145,000, AND $40,000 FROM FY 2000 CAPITAL
IMPROVEMENT PROJECT.
6/29/00
FIRST READING
ORDINANCE
66-68
6/29/00
R-00-536
69-70
6/29/00
R-00-537
71-72
6/29/00
R-00-538
73-74
20. TABLE: CONSIDERATION OF PROPOSED 6/29/00
APPROVAL OF REPAIRS TO COOLING TOWER AT DISCUSSION
MIAMI CONVENTION CENTER FROM MIDDLETON & 75
ASSOCIATES AND TRANE AND COMPANY. (See #32)
21.
AUTHORIZE INCREASE IN ANNUAL
6/29/00
CONTRACT AMOUNT WITH LAW
R-00-539
ENFORCEMENT SUPPLY CO., INC., $143,211.14;
76-77
FROM $389,229 TO $532,440.14 FOR PROVISION
OF POLICE VEHICLE EMERGENCY
EQUIPMENT, UTILIZING EXISTING CITY OF
MIAMI BEACH BID FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, TO BE
UTILIZED BY POLICE DEPARTMENT;
ALLOCATING FUNDS FROM LAW ENFORCEMENT
.
BLOCK III GRANT.
22.
AUTHORIZE INCREASE IN CONTRACT WITH
6/29/00
XEROX CORPORATION, $50,000, FROM
R-00-540
$451,723.20 TO $501,723.20 FOR
78-79
LEASE/PURCHASE OF XEROX DOCUTECH
COPIER, FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, GRAPHICS
REPRODUCTION DIVISION.
23.
AUTHORIZE MANAGER TO EXECUTE
6/29/00
MEMORANDUM OF UNDERSTANDING
R-00-541
BETWEEN CITY, DOWNTOWN DEVELOPMENT
80-82
AUTHORITY, MIAMI-DADE COUNTY, AND
FLORIDA DEPARTMENT OF
TRANSPORTATION FOR PURPOSE OF SETTING
FORTH TERMS AND CONDITIONS PARTIES
INTEND TO IMPLEMENT DOWNTOWN FLAGLER
STREET CORRIDOR IMPROVEMENT PROJECT.
24.
APPROVE INTERGOVERNMENTAL
6/29/00
COOPERATION AGREEMENT, WHICH
R-00-542
AUTHORIZES PROPERTY APPRAISER TO
83-84
INCLUDE THE CITY NON -AD VALOREM
ASSESSMENTS FOR FIRE -RESCUE SERVICES
AND FACILITIES AND SOLID WASTE SERVICES
AND FACILITIES ON "NOTICE OF PROPOSED
PROPERTY TAXES AND PROPOSED OR
ADOPTED NON -AD VALOREM ASSESSMENTS";
TRIM NOTICE.
25. ACCEPT PLAT ENTITLED VILLA CHRISTINA
6/29/00
SUBDIVISION.
R-00-543
85-86
26. TABLE: PROPOSED PLAT ENTITLED
6/29/00
AUTOZONE TRACT (See #70)
DISCUSSION
87-88
27. ACCEPT BID OF CARPET BOUTIQUE, INC. TO
6/29/00
FURNISH AND INSTALL CARPET FOR POLICE
R-00-544
DEPARTMENT'S HEADQUARTERS BUILDING,
89-90
$453,841.60; ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROGRAM.
28. (A) AUTHORIZE LAW FIRM OF AKERMAN, 6/29/00
SENTERFITT & EIDSON, P.A. FOR R-00-545
REPRESENTATION OF CITY, IN MATTER OF R-00-546
DONALD H. WARSHAW v. JOE CAROLLO AND M-00-547
THE CITY OF MIAMI ALLOCATING $20,000. 91-108
(B) AUTHORIZE LAW FIRM OF SALE & KUEHNE,
P.A. FOR REPRESENTATION OF MAYOR JOE
CAROLLO, IN MATTER OF DONALD H.
WARSHAW v. JOE CAROLLO AND THE CITY
ALLOCATING $15,000.
(C) SCHEDULE ATTORNEY-CLIENT SESSION IN
CONNECTION WITH CASE OF DONALD H.
WARSHAW VS. JOE CAROLLO.
29. AUTHORIZE COMMUNITY REDEVELOPMENT 6/29/00
AGENCY (CRA) TO IMPLEMENT COMMERCIAL SEOPW/CRA
REVITALIZATION SUPPLEMENTAL GRANT R-00-74
PROGRAM AND TO GRANT $420,000 IN GRANTS 109-123
WITH RESPECT TO GRANT PROGRAM.
30. BRIEF COMMENTS REGARDING OUTSIDE 6/29/00
COUNSEL FOR LAWSUIT - DONALD H. WARSHAW DISCUSSION
v. JOE CAROLLO AND THE CITY OF MIAMI. 124-125
31. RESCIND RESOLUTION NO. 99-906 AND 6/29/00
SUNSETTING CITY JURISDICTIONAL R-00-548
BOUNDARIES COMMITTEE. 126-127
32. APPROVE AND CONFIRM MANAGER'S FINDING 6/29/00
OF EMERGENCY, WAIVING REQUIREMENTS R-00-549
FOR COMPETITIVE SEALED BIDS, AND 128-130
APPROVE REFURBISHMENT AND REPAIRS TO
THE COOLING TOWER AT MIAMI CONVENTION
CENTER FROM MIDDLETON & ASSOCIATES,
AND TRANE AND COMPANY, $140,000, FOR
DEPARTMENT OF CONFERENCES, CONVENTIONS
AND PUBLIC FACILITIES; ALLOCATING FUNDS
FROM CAPITAL IMPROVEMENTS PROGRAM. (See
#20)
33. DESIGNATE COMMISSIONER JOHNNY WINTON AS 6/29/00
CHAIRMAN OF "COMMITTEE TO DEVELOP A M-00-550
MASTER PLAN FOR BICENTENNIAL PARK". 131-142
34. (A) AUTHORIZE AND DIRECT MANAGER TO 6/29/00
IDENTIFY AND APPROPRIATE LOCATION FOR M-00-551
PROPOSED MIAMI YOUTH MUSEUM. (See #4) M-00-552
143-159
(B) CITY LEGISLATIVE CONSULTANTS
(LOBBYISTS) COMPRISING RONALD L. BOOK,
ESQ., MICHAEL ABRAMS, PAMELA BURCH-FORT,
ESQ. AND ROSARIO KENNEDY TO SEEK FUNDS
FROM STATE FOR MIAMI YOUTH MUSEUM. (See
#4)
35. AUTHORIZE MANAGER TO EXECUTE 6/29/00
AMENDMENT TO INTERGOVERNMENTAL R-00-553
COOPERATION AGREEMENT ("ICA"), BY THE 160-164
GOVERNOR, FINANCIAL EMERGENCY
OVERSIGHT BOARD AND THE CITY, AMENDING
SECTION 5 OF THE AGREEMENT AS IT
PERTAINS TO THE FIVE-YEAR FORECAST AND
REVISED FIVE YEAR PLAN, TO INCLUDE
AGREEMENT FOR REIMBURSEMENT BY THE CITY
FOR ACTUAL COSTS INCURRED BY STATE OF
FLORIDA IN OPERATION OF OVERSIGHT BOARD.
0
36. DEFER CONSIDERATION ACCEPTANCE OF 6/29/00
PROPOSED BUDGET FOR FISCAL YEAR M-00-554
BEGINNING OCTOBER 1, 2000 AND ENDING 165-166
SEPTEMBER 30, 2001; SCHEDULE SPECIAL
COMMISSION MEETING TO CONSIDER SAME.
37. DEFER PROPOSED AMENDMENT TO RESOLUTION 6/29/00
NO. 00-427 TO BE CONSIDERED ON THE TUESDAY, M-00-555
JULY 11, 2000 AGENDA, IN CONNECTION WITH M-00-556
COMMUNITY DEVELOPMENT BLOCK GRANT 167-169
(CDBG) FUNDING TRANSFERRING $3 MILLION FOR
HISTORIC OVERTOWN PRIORITY BUSINESS
CORRIDOR PROJECT. (See #3 & 11) (Camillus House)
38. APPOINTMENT TO THE PARKS ADVISORY 6/29/00
BOARD (Sallye Jude) R-00-557
170-171
39. DEFER CONSIDERATION OF DECISION 6/29/00
REGARDING STATUS REPORT FOR PALMETTO M-00-558
HOMES OF MIAMI, INC. 172-173
40. APPOINTING FERNANDO FIGUEREDO AS A 6/29/00
MEMBER OF THE INTERNATIONAL TRADE R-00-559
BOARD. 174-175
41. ACCEPT VOLUNTARY CANCELLATION OF 6/29/00
REVOCABLE PERMIT AGREEMENT BETWEEN M-00-560
CALOR DEVELOPMENT, LTD. AND THE CITY TO 176-182
CONSTRUCT A PARKING LOT ON CITY OWNED
PROPERTY; DIRECTOR OF ASSET MANAGEMENT
TO PREPARE A REQUEST FOR PROPOSALS.
42. DISCUSSION CONCERNING THE 6/29/00
SUMMARIZATION OF THE 2000 LEGISLATIVE DISCUSSION
SESSION. 183-194
43. DISCUSSION AND PERSONAL APPEARANCE BY 6/29/00
JAY CONSTANTZ, EXECUTIVE DIRECTOR OF DISCUSSION
THE BAYFRONT PARK MANAGEMENT TRUST. 195
44. DISCUSS AGENDA ITEMS TO BE DEFERRED AND 6/29/00
ONES TO BE HEARD AT CURRENT MEETING. DISCUSSION
196-197
45. FIRST READING ORDINANCE: DECLARE 6/29/00
EXEMPTION FROM PROHIBITIONS CONTAINED IN FIRST READING
SECTION 36-6(A) OF THE CITY CODE, RELATED TO ORDINANCE
LEVEL AND HOURS OF NOISE RESULTING FROM 198-199
CONSTRUCTION EQUIPMENT LOCATED IN THE
PARK WEST AREA OF THE COMMUNITY
REDEVELOPMENT AREA.
46. CITY ATTORNEY TO MEET WITH BRICKELL 6/29/00
FAMILY HEIRS WHO DONATED BRICKELL PARK M-00-561
TO THE CITY, TO NEGOTIATE A VIEW TOWARD 200-206
HAVING THE CITY RETAIN SAID PROPERTY AS A
PARK.
47. AUTHORIZE MIAMI DEVELOPMENT SUMMIT, A 6/29/00
CONFERENCE OF REAL ESTATE DEVELOPMENT R-00-562
PROFESSIONALS AND END-USERS TO SHOWCASE 207-211
DEVELOPMENT OPPORTUNITIES IN THE CITY;
ALLOCATING FUNDS $60,000, FROM NON -
DEPARTMENTAL ACCOUNT.
48. REFER TO CODESIGNATION COMMITTEE 6/29/00
PROPOSED CODESIGNATION OF SOUTHEAST 5TH M-00-563
STREET AT BRICKELL AVENUE IN MEMORY OF 212
THE LATE JUDGE MILTON A. FRIEDMAN.
49: REFER TO CODESIGNATION COMMITTEE 6/29/00
PROPOSED CODESIGNATION Of SOUTHWEST 12TH M-00-564
AVENUE AT CORAL WAY IN MEMORY OF THE 213-214
LATE MRS. LOURDES AGUILAR OF THE LEAGUE
AGAINST CANCER (LIGA CONTRA CANCER).
50. MANAGER TO ORDER STUDY RELATED TO 6/29/00
PROPOSED REDIRECTION OF TRAFFIC ALONG S.W. M-00-565
8TH STREET; FURTHER DIRECTING THE MANAGER 215-216
TO FUND SAID STUDY FROM CAPITAL
IMPROVEMENT PROJECTS FUND.
51. DISCUSSION CONCERNING STATUS OF 6/29/00
REDEVELOPMENT OF MIAMI MARINE DISCUSSION
STADIUM PROPERTY. 217 .
•
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52. OFFICIAL CLOSURE OF PUBLIC RIGHT-OF-WAY 6/29/00
PORTION OF N.W. 4TH STREET BETWEEN M-00-566
NORTH MIAMI AVENUE AND NW 1sT AVENUE r R-00-567
TO ALLOW CONSTRUCTION OF A NEW`', 218-224
FEDERAL COURTHOUSE. (Applicant(s): U.S.
Government)
53. APPROVE RELEASE OF ZONING COVENANT 6/29/00
FOR PROPERTY LOCATED AT 900 NW 22ND R-00-568
STREET, TO ALLOW RELEASE OF PARKING 225-226
EASEMENT ON THE PROPERTY (Applicant(s): Juan
M. Almeida, Jr.).
54. APPROVE RELEASE OF ZONING COVENANT 6/29/00
FOR PROPERTY LOCATED AT 1818-1834 NW 36TH R-00-569
STREET. (Applicant(s): Autozone, Inc.). 227-228
55. APPROVE RECOMMENDATION FROM PLANNING
6/29/00
AND ZONING DEPARTMENT TO DENY APPEAL
M-00-570
AND DENY VARIANCE TO ALLOW PROPOSED SIDE
229
YARD SETBACK REDUCTION FOR DOCKS
LOCATED AT 3501 ANCHORAGE WAY. (See #57)
56. CONTINUE CONSIDERATION OF PROPOSED
6/29/00
OFFICIAL CLOSURE OF PUBLIC RIGHT-OF-WAY
M-00-571
PORTION OF LANE LOCATED BETWEEN NW
230-233
17TH AVENUE AND NW 15TH AVENUE FROM NW
7TH STREET RUNNING NORTH TOWARDS NW 8TH
STREET.
57. DENY APPEAL OF ZONING BOARD DECISION
6/29/00
WHICH DENIED A VARIANCE FROM
R-00-572
ORDINANCE 11000, ARTICLE 9, SECTION 924.1.3,
234-235
LIMITATIONS ON LOCATION AND EXTENSION
OF DOCKS AND PIERS IN RESIDENTIAL
DISTRICTS, TO ALLOW A SIDE YARD SETBACK
OF 210" (1010" REQUIRED) FOR DOCKS FOR
PROPERTY LOCATED AT 3501 ANCHORAGE
WAY (Applicant(s): Eduardo R. Lacasa) (See #55).
58. OFFICIAL CLOSURE OF PORTION OF 10' 6/29/00
UTILITY EASEMENT LOCATED ON THE R-00-573
NORTHEAST CORNER OF THE INTERSECTION 236-237
OF CORAL WAY AND CORAL GATE DRIVE
(Applicant(s): Walgreens, Co.).
59. FIRST READING ORDINANCE: AMEND
ORDINANCE 10544, THE COMPREHENSIVE
NEIGHBORHOOD PLAN, BY CHANGING LAND
USE DESIGNATION FOR PROPERTIES LOCATED
AT 229 AND 231 NW 12TH STREET FROM MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL TO
RESTRICTED COMMERCIAL (Applicant(s): Robert
Tyler, CRA, City of Miami Planning and Zoning
Department and Eliza Spann and Sussie Simmons
(owners).
60. FIRST READING ORDINANCE: AMEND
ORDINANCE 11000 BY AMENDING ZONING
DESIGNATION FOR PROPERTIES LOCATED AT
229 AND 231 NW 12TH STREET FROM R-3
MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL (Applicant(s): Robert Tyler, CRA, City
of Miami Planning and Zoning Department and Eliza
Spann and Sussie Simmons (owners).
61. FIRST READING ORDINANCE: AMEND
ORDINANCE 10544, THE COMPREHENSIVE
NEIGHBORHOOD PLAN, BY AMENDING FUTURE
LAND USE MAP BY CHANGING LAND USE
DESIGNATION FOR PROPERTIES LOCATED AT
325-351 NW 10TH STREET FROM HIGH DENSITY
MULTIFAMILY RESIDENTIAL TO RESTRICTED
COMMERCIAL. (Applicant(s): Robert Tyler, CRA and
the City of Miami Planning and Zoning Department).
6/29/00
FIRST READING
ORDINANCE
238-239
6/29/00
FIRST READING
ORDINANCE
240-241
6/29/00
FIRST READING
ORDINANCE
242-243
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62. FIRST READING ORDINANCE: AMENDING
ORDINANCE 11000 BY AMENDING ZONING
DESIGNATION FOR PROPERTIES LOCATED AT
325-351 NW 1OTH STREET FROM R-4
'MULTIFAMILY HIGH DENSITY RESIDENTIAL
TO C-1 RESTRICTED COMMERCIAL (Applicant(s):
Robert Tyler, CRA and the City of Miami Planning and
Zoning Department).
63. FIRST READING ORDINANCE: AMEND
ORDINANCE 10544, THE COMPREHENSIVE
NEIGHBORHOOD PLAN, BY CHANGING LAND
USE DESIGNATION FOR PROPERTY LOCATED
AT 250 NW 10TH STREET FROM HIGH DENSITY
MULTIFAMILY RESIDENTIAL TO RESTRICTED
COMMERCIAL. (Applicant(s): Robert Tyler, CRA and
the City of Miami Planning and Zoning Department).
64. FIRST READING ORDINANCE: AMEND
ORDINANCE 11000 BY AMENDING ZONING
DESIGNATION FOR PROPERTY LOCATED AT 250
NW 10TH STREET FROM R-4 MULTIFAMILY
HIGH DENSITY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL. (Applicant(s): Robert
Tyler, CRA and the City of Miami Planning and Zoning
Department).
65. FIRST READING ORDINANCE: AMEND ARTICLE
6, SECTION 620 OF ORDINANCE 11000, SD -20
EDGEWATER OVERLAY DISTRICT, TO INCLUDE
PROVISIONS FOR CLASS II SPECIAL PERMITS.
(Applicant(s): City of Miami Planning and Zoning
Department).
66. FIRST READING ORDINANCE: AMEND ARTICLE
9, SECTION 918.2 OF ORDINANCE 11000 TO
MODIFY PROVISIONS OF TEMPORARY OFFSITE
PARKING REGULATIONS TO ALLOW ANNUAL
RENEWALS WITHOUT LIMITATION, WITH
CONDITIONS (Applicant(s): City of Miami Planning
and Zoning Department).
6/29/00
FIRST READING
ORDINANCE
244-246
6/29/00
FIRST READING
ORDINANCE
247
6/29/00
FIRST READING
ORDINANCE
248
6/29/00
FIRST READING
ORDINANCE
249-250
6/29/00
FIRST READING
ORDINANCE
251-252
67. FIRST READING ORDINANCE: AMEND ARTICLE 4,
6/29/00
SECTION 401, AND ARTICLE 6, SECTION 616 OF
FIRST READING
ORDINANCE 11000 TO MODIFY PARKING
ORDINANCE
LIMITATIONS (Applicant(s): City of Miami Planning and
253-254
Zoning Department).
68. FIRST READING ORDINANCE: AMEND ARTICLE
6/29/00
6, SECTIONS 605 AND 607 OF ORDINANCE 11000
FIRST READING
TO MODIFY PROVISIONS OF SD -5 AND SD -7
ORDINANCE
DISTRICTS PERTAINING TO PROVISION OF
255-256
UPPER LEVEL SETBACKS (Applicant(s): City of
Miami Planning and Zoning Department).
69. PLANNING DEPARTMENT TO STUDY POSSIBLE
6/29/00
EXEMPTION OF ONE BEDROOM, ONE STUDY
M-00-574
RULE TO APPLY TO PROPERTIES WITH LESS
257-259
THAN FOUR (4) UNITS WITH A VIEW TOWARD
STIMULATING URBAN INFIELD AREAS.
70. ACCEPT PLAT ENTITLED AUTOZONE TRACT. 6/29/00
(See #26) R-00-575
260-261
71. (A) ESTABLISH A SERIES OF PROGRAMS 6/29/00
ENTITLED, "MIAMI'S NEIGHBORHOODS," TO BE R-00-576
AIRED ON NET -9 CABLE TELEVISION WITH M-00-577
INFORMATION ON VARIOUS NEIGHBORHOODS 262-267
THROUGHOUT THE CITY.
(B) MANAGER TO DIRECT PLANNING
DEPARTMENT, NET OFFICES AND OTHER
APPROPRIATE DEPARTMENTS TO DEVELOP
DOCUMENT THAT REFLECTS VARIOUS
NEIGHBORHOODS OF THE CITY, BOUNDARIES
AND HISTORICAL DATA OF EACH.
72. COMMENTS BY COMMISSIONER REGALADO 6/29/00
REGARDING PROBLEMS OF TOWER THEATER -- DISCUSSION
$1 MOVIES. 268-269
9 •
73. COMMENTS CONCERNING INVESTIGATION OF 6/29/00
COMMISSIONER REGALADO MAKING PHONE DISCUSSION
CALLS TO CUBA FROM CITY TELEPHONES. 270-271
74. COMMENTS REGARDING YACHT USED BY 6/29/00
DIGNITARIES. DISCUSSION
272-274
0
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 29th day of June 2000, the City Commission of Miami, Florida, met at its regular meeting
place in the City Hall, 3500 Pan American Drive, Miami, Florida, in regular session.
The meeting was called to order at 9:43 a.m. by Vice Chairman Gort, with the following members
found to be present:
Vice Chairman Wifredo Gort (District 1)
Commissioner Johnny Winton (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado (District 4)
ABSENT:
Commissioner Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Carlos Gimenez, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Sylvia Lowman, Assistant City Clerk
An invocation was delivered by Vice Chairman Gort, after which, Commissioner Winton led those present
in a pledge of allegiance to the flag.
1 6/29/00
1. PRESENTATIONS.
1) COMMENDATION: TO OFFICER RICHARD PEREZ, POLICE OFFICER OF THE
MONTH.
2) PROCLAMATION: TO IVAN RAMIREZ, FOR CONTRIBUTIONS TO LOCAL
ARTISTIC AND CULTURAL EVENTS.
3) PROCLAMATION: TO BILL TECK, FOR HIS SUCCESS IN BUSINESS AND MEDIA
RELATED TO CUBAN -AMERICAN RADIO, MAGAZINES AND FILMS.
4) PROCLAMATION: TO BERTHA W. HENRY FOR HER OUTSTANDING WORK AS
ASSISTANT CITY MANAGER IN FINANCE AND ADMINISTRATION.
5) COMMENDATION: TO DR. KATHLEEN SCHRANK FOR HER DEDICATION TO
THE MEDICAL SERVICES FOR FIRE-FIGHTER REHABILITATION SERVICES.
NOTE FOR THE RECORD: Commissioner Teele entered the Commission chamber at 9:50 a.m.
and Mayor Carollo entered the Commission chamber at 9:51 a.m.
2 6/29/00
•
2. RESCHEDULE JULY 13, 2000 COMMISSION MEETING TO JULY 20, 2000.
Commissioner Sanchez: Mr. Vice Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: If I could have an opportunity to address the floor and the Commission. If it's
OK with the Commission, the July 13th Commission meeting, I will be out of town that entire week. Is
there any way that we could move it to July the 201h, if it's OK with this Commission?
Mayor Carollo: Gentlemen?
Vice Chairman Gort: Well, I don't think I have any problem.
Commissioner Winton: I have a noon MSEA (Miami Sports and Exhibition Authority) board meeting, so
we'll have our normal three-hour break that day?
Commissioner Sanchez: Yes.
Commissioner Winton: So that works for me.
Commissioner Sanchez: Commissioner Teele?
Commissioner Teele: (No audible response.)
Commissioner Sanchez: Commissioner Regalado?
Commissioner Regalado: What then?
Commissioner Sanchez: Moving from the 13th through the 20th — to the 201h, which is July the 20th, we'll
hold our meeting.
Commissioner Regalado: Sure.
Commissioner Sanchez: OK.
Mayor Carollo: There's a motion by Commissioner Sanchez. Is there a second?
Commissioner Winton: Second.
Mayor Carollo: Second by Commissioner Winton. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
3 6/29/00
•
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-522
A RESOLUTION OF THE MIAMI CITY COMMISSION
RESCHEDULING THE FIRST REGULAR CITY COMMISSION
MEETING OF JULY TO TAKE PLACE ON JULY 20, 2000,
COMMENCING AT 9:30 A.M.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
.4 6/29/00
•
3. TABLED: PROPOSED AMENDMENT TO RESOLUTION NO. 00-427 TO TRANSFER
THREE MILLION DOLLARS ($3;000,000) OF CDBG- FUNDS FROM 3'm AVENUE HISTORIC
BUSINESS CORRIDOR. (See #11 and 37)
Commissioner Sanchez: Also, there's two items that I would ask this Commission — they're both — one's
a public hearing that would be heard after 5 o'clock, and one of them is Item C -A.
Commissioner Teele: What does it relate to?
Commissioner Sanchez: It relates to the transfer of the money from the Overtown Corridor to the CRA.
,Mayor Carollo: What item is that again, Commissioner?
Commissioner Sanchez: Seven -A.
Mayor Carollo: Seven -A?
Commissioner Sanchez: Seven -A.
Mayor Carollo: OK. This is Item 7-A.
Commissioner Sanchez: To be heard after 5 o'clock so we could have ample opportunity for — to have
good public input.
Mayor Carollo: Item 7-A, after 5 p.m., a time certain?
Commissioner Sanchez: After 5:00, any time after 5:00.
Mayor Carollo: OK.
NOTE FOR THE RECORD: Consideration of Agenda Item 7-A was tabled until 5 p.m.
5 6/29/00
4. TABLED: DISCUSSION AND PERSONAL APPEARANCE BY DEBBIE SPIEGLEMAN
CONCERNING THE MIAMI YOUTH MUSEUM. (See #34)
Commissioner Sanchez: Also, there is another item, and that is the — one of my personal items on the blue
sheets. That is pertaining to the Miami Youth Museum. They would like to hear that at sometime
between 3:00 and 4:00 when they get here.
Mayor Carollo: All right. Any objections to any one of those? OK. Hearing none, then let's move on,
then, to the first item that we have, which is A-1. There are no vetoes by the Mayor; is that correct, Mr.
City Clerk?
Walter J. Foeman (City Clerk): That is correct.
Mayor Carollo: OK. Thank you.
6 06/29/00
5. CONSENT AGENDA.
Mayor Carollo: Now, let's move on to the Consent Agenda, CA -1 through CA -6. Is there anyone present
that is an objector or proponent of any of the items that are here that would like to speak?
Vice Chairman Gort: Mr. Mayor, I'd like to ask some questions on CA -2.
Mayor Carollo: OK. CA -2, Commissioner Gort wants to discuss. Is there any one of these items that any
member of the Commission would like to put aside to discuss?
Vice Chairman Gort: I'd like to put this one aside and bring it back after lunch. I want a chance to sit
down with the Police Office and discuss this a little bit. All right?
Mayor Carollo: OK.
Vice Chairman Gort: Thank you.
Mayor Carollo: CA -2 is being put aside for later in the afternoon, Commissioner?
Vice Chairman Gort: Yes.
Mayor Carollo: For the afternoon. So we're left with the other items in the consent agenda. Before we
hear from the public, is there any other member of the Commission that would like to discuss any of the
items in the Consent Agenda?
Commissioner Winton: Move the remaining CA items.
Commissioner Sanchez: Second.
Mayor Carollo: OK. There's a motion and there's a second. Let's hear from the public. Mr. Brennan,
what item would you like to discuss here?
John Brennan: I wanted to talk about Item 2, but can I get in on your meeting, Mr. Commissioner?
Vice Chairman Gort: Why are you going to discuss it later? You can go ahead and discuss it now.
Mr. Brennan: Huh?
Vice Chairman Gort: You can go ahead and discuss it now.
Mayor Carollo: Would you like to hear from him now, Commissioner?
Vice Chairman Gort: Yes.
Mayor Carollo: OK. Go ahead, Mr. Brennan.
7 6/29/00
0 •
Mr. Brennan: Well you — what —
Mayor Carollo: It's being — CA -2 is being put aside for the afternoon meeting, but you could go ahead
and address this Commission now if you'd like, or come back later. It's up to you.
Mr. Brennan: The Commissioner is going to talk to the Manager about it. I'd just like to get in on the
conversation.
Vice Chairman Gort: No, sir. That's my conversation with my officers. You're welcome to put your
opinion now.
Mr. Brennan: OK. I'm on the Waterfront Board. I guess almost everybody here knows that. We've
asked -- First, I'd like to know how many marine patrol officers do we have?
Joseph Longueira (Major, Police): One sergeant and seven officers.
Mayor Carollo: OK. Eight, John.
Mr. Brennan: You've got eight and buying ten engines. My big concern is — and we've asked this at
Waterfront Board meetings — is that apparently, the Police Department do not do any repairs. I see from
your notes that it would cost five or seven thousand dollars ($7,000) to replace the engines or to repair
them. But somewhere in the middle, there has to be — if you have spare engines, there has to be a place
where the repair only costs a hundred dollars ($100). And the question — and I was told at a Waterfront
Board meeting that we don't do any repairs. And I would like to hear from the Police Department.
Maj. Longueira: Commissioners, the reason we're buying ten engines is we've got five boats that we
want to outfit. OK? We haven't bought engines in many, many, many years. Most of our boats are
running on confiscated engines, and we've kind of robbed, and cheated, and kept them. going. We've even
horse -traded a little bit to keep them going. This is the first time in a long, long time since we bought the
new boats back in the early `80s that we're coming to buy new engines. And what we hope to do is get on
a replacement plan, to where we get a good credit, and a good trade-in and get new engines without
extending the life so much that they're not worth anything. But we do repair them, you know, when we
can. You know, these are — these have major problems. A lot of them were taken from drug dealers. I
mean, the City didn't even have to buy a lot of these.
Vice Chairman Gort: Since the discussion is taking place here, let me tell you, my worry was when I read
the report that one of the reasons we're replacing these engines is because they have been blowing up, the
engines have been blowing up. I was under the impression that they were fairly new engines. And my
question to you is going to be, what kind of maintenance that we have that this is happening. Now, you're
telling me that these are confiscated engines that have been used by drug runners, which they run them to
death, and you have been able to keep them — how long has it been since we bought any engines?
Maj. Longueira: I have to think it's got to be in the `80s when we bought the new Boston Whalers that we
actually came and bought new engines.
Commissioner Winton: Mid, early, end of the `80s?
8 6/29/00
• 0
Maj. Longueira: Late, late `80s, I'd say.
Commissioner Winton: Late `80s.
Maj. Longueira: You know, but these boats are used, you know, every day when they run, and they do get
in chases at times.
Vice Chairman Gort: OK. I don't have any problem. That was my question, the maintenance of it and so
forth, but I'm sure they're being maintained and so on.
Maj. Longueira: Yes, sir.
Vice Chairman Gort: Thank you.
Commissioner Winton: A point I would like to make. I don't know who told the Waterfront Advisory
Board. I'm assuming it was a Police Department official that told you that there was no maintenance.
You know, it's —
Mr. Brennan: Well, no repair.
Commissioner Winton: Right. Well —
Mr. Brennan: That's a little different bag, but —
Commissioner Winton: But frankly, John, it's preposterous to think that there's no repair going on if you
keep an engine that has to run all the time for ten years. But the problem rests with bad information going
to the Waterfront Advisory Board. So whoever gave them that information set John up and the Board to
say, well, what are we really doing here?
Maj. Longueira: Right.
Commissioner Winton: And that's bad.
Vice Chairman Gort: John, but let me know where you do that repair for the engine for less than a
hundred dollars ($100). I'd like to know the address. OK?
Mr. Brennan: Oh, yeah. He's a friend of mine.
Vice Chairman Gort: I want to take mine over there.
Mr. Brennan: He's got a little tree out in the back yard.
(INAUDIBLE COMMENT NOT INCLUDED IN THE RECORD)
Commissioner Winton: Yeah, yeah. Where's Code Enforcement?
9 6/29/00
Mr. Brennan: No, my concern is, I'm sure you're aware that I would like to keep at least a half a dozen
boats and officers on the water. If you can imagine what it's like to ask the officer in charge who stops
and says hello to us, and he says, well, we can't do that because we don't have any boats, we don't have
any — the officers are all on vacation or — and I'm serious. I happen to be a boater. I'm sure a couple of
you know that. And I know a little bit about the water. You need to have these things on a continuous
basis. If what the Lieutenant — is it Lieutenant?
Maj. Longueira: Major, sir.
Mr. Brennan: -- the Major says is going to go on, that's wonderful. But I got a guy that appears at our
meetings that I'm going to hold his feet to the fire. If we want something — if we think there's something
— some reason for a police boat — and you have the only boats. Dinner Key Marina doesn't have any
boats. They don't have any boats down at Miami, downtown Miami. You have the only boats. And if we
can't get the Police Department to come by -- And I got to tell you, I hit — I hit a boat that was in the
channel right off Dinner Key just a couple of months ago, and it took a full two weeks before the boat got
moved. I made a phone call. The officer was out, and it went on and on. Finally, they sent a diver down
and they found enough to drag it out of the channel. And as a — this is a personal deal for me, although
I'm sure a lot of other people have had the same problem. You're going to take care of keeping how
many boats in the water?
Maj. Longueira: Well, with these engines, we're going to equip five boats with these engines.
Mr. Brennan: What does that mean?
Maj. Longueira: It's two engines per boat. Ten engines, five boats.
Mr. Brennan: And you're going to try to keep most of them running, so that you've got five boats
running. I'm sorry it may sound like a war of words but —
Maj. Longueira: Why don't we meet. I'll let you meet with the chief in charge of that, and we'll try and
explain to you. But there — with eight people — we'll meet. Let's meet outside here.
Mr. Brennan: That's fine. Gentlemen, thank you very much for your time. I just want the Marine Patrol
to be properly manned, and having them manned is of no value if you don't have any boats to send them
on a chase with. Thank you.
Mayor Carollo: Thank you for your input, John. Commissioner Gort stated that CA -2 could be put back
on the Consent Agenda. Is there any further discussion on the Consent Agenda? Is there anyone from the
public that would like to address the Commission on any item in the Consent Agenda? OK. Hearing none
Commissioner Sanchez: CA -2.
Mayor Carollo: CA -2 is back on. Is there a motion?
10 6/29/00
Commissioner Winton: Motion to approve all CA items.
Mayor Carollo: Motion by Commissioner Winton.
Commissioner Sanchez: Second.
Mayor Carollo: Second by Commissioner Sanchez. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
THEREUPON, MOTION DULY MADE BY COMMISSIONER WINTON AND SECONDED BY
COMMISSIONER SANCHEZ, THE CONSENT AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
NOTE FOR THE RECORD: PURSUANT TO CITY CODE SEC. 2-33(I), 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,
UNLESS BY A UNANIMOUS VOTE OF ALL THE COMMISSIONERS PRESENT, THE CITY
COMMISSION CONSIDERS SUCH CONSENT ITEM AS A REGULAR ITEM AT THE SAME
MEETING.
5.1. ACCEPT BID OF WINNER INTERNATIONAL FOR PURCHASE OF 2,772 DOUBLE
HOOK STEERING WHEEL LOCK/CLUB UNITS FOR DEPARTMENT OF POLICE, $24,948;
ALLOCATING FUNDS FROM OPERATION C.A.R.S. GRANT.
RESOLUTION NO. 00-523
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF WINNER INTERNATIONAL FOR THE PURCHASE OF
2,772 DOUBLE HOOK STEERING WHEEL LOCK/CLUB UNITS,
FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO
EXCEED $24,948; ALLOCATING FUNDS THEREFOR FROM
OPERATION C.A.R.S. GRANT, ACCOUNT CODE NO.
110063.290516.6.722.
11 6/29/00
5.2. AUTHORIZE ALLOCATION OF LAW ENFORCEMENT TRUST FUNDS, $77,443,
FOR ACQUISITION OF TEN MERCURY OUTBOARD ENGINES FROM MERCURY MARINE,
AWARDED UNDER EXISTING STATE OF FLORIDA CONTRACT.
RESOLUTION NO. 00-524
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE ALLOCATION OF LAW
ENFORCEMENT TRUST FUNDS, IN AN AMOUNT NOT TO
EXCEED $77,443, FROM PROJECT NOS. 690001, 69002, AND
690003, FOR THE ACQUISITION OF TEN (10) MERCURY
OUTBOARD ENGINES FROM MERCURY MARINE, AWARDED
UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 120-440-
00-1, EFFECTIVE UNTIL JULY 31, 2000, SUBJECT TO FURTHER
EXTENSIONS BY THE STATE OF FLORIDA, SUCH EXPENDITURE
HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS
COMPLYING WITH THE U.S. DEPARTMENT OF THE
TREASURY'S "GUIDE TO EQUITABLE SHARING," AND FLORIDA
STATE STATUTE, CHAPTER 932.7055, AS AMENDED.
5.3. APPROVE ESTABLISHMENT OF QUALIFIED BIDDERS LIST COMPRISED OF
FOUR PRE -QUALIFIED VENDORS FOR LATENT PRINT EXAMINATION SERVICES FOR
DEPARTMENT OF POLICE. $75,000, ALLOCATING FUNDS FROM POLICE DEPARTMENT
GENERAL OPERATING BUDGET.
RESOLUTION NO. 00-525
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING THE ESTABLISHMENT OF A
QUALIFIED BIDDERS LIST COMPRISED OF FOUR (4) PRE-
QUALIFIED VENDORS, AS LISTED ON EXHIBIT "A," ATTACHED
HERETO AND MADE A PART HEREOF, FOR LATENT PRINT
EXAMINATION SERVICES FOR THE DEPARTMENT OF POLICE;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
PROFESSIONAL SERVICE AGREEMENT (S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH EACH OF THE
PROVIDERS ON AN AS -NEEDED CONTRACT BASIS, FOR ONE (1)
YEAR WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL
ONE-YEAR PERIODS, AND TO ALLOW FOR THE INCLUSION OF
ADDITIONAL VENDORS AS DEEMED NECESSARY, FOR THE
DEPARTMENT OF POLICE, AT AN ANNUAL AMOUNT NOT TO
EXCEED $75,000, ALLOCATING FUNDS THEREFOR FROM THE
POLICE DEPARTMENT GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 001000.290201.6.270.
12 6/29/00
E
5.4. APPROVE PROCUREMENT OF RECORDING SERVICES FROM CLERK OF THE
COURT, MIAMI-DADE COUNTY, FOR OFFICE OF HEARING BOARDS, $19,400, ANNUAL
AMOUNT $25,000; ALLOCATING FUNDS FROM PROFESSIONAL SERVICES.
RESOLUTION NO. 00-526
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PROCUREMENT OF RECORDING SERVICES FROM THE'
CLERK OF THE COURT, MIAMI-DADE COUNTY, FOR THE
OFFICE OF HEARING BOARDS, EFFECTIVE THROUGH
SEPTEMBER 30, 2000, IN AN AMOUNT NOT TO EXCEED $19,400,
FURTHER AUTHORIZING CONTINUED PROCUREMENT OF
THESE SERVICES FOR FOUR (4) ADDITIONAL ONE (1) YEAR
PERIODS, FOR AN ANNUAL AMOUNT NOT TO EXCEED $25,000;
ALLOCATING FUNDS THEREFOR FROM PROFESSIONAL
SERVICES ACCOUNT CODE NO. 001000.820101.6.270.
5.5 APPROVE CITYWIDE PROCUREMENT OF MICROSOFT LICENSES AND
MAINTENANCE FROM SOFTWARE HOUSE INTERNATIONAL, AWARDED UNDER EXISTING
STATE OF FLORIDA CONTRACT FOR DEPARTMENT OF PURCHASING TO BE UTILIZED
CITYWIDE; ALLOCATING FUNDS FROM OPERATING BUDGETS OF VARIOUS USER
DEPARTMENTS.
RESOLUTION NO. 00-527
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE CITYWIDE PROCUREMENT OF MICROSOFT LICENSES AND
MAINTENANCE FROM SOFTWARE HOUSE INTERNATIONAL,
AWARDED UNDER EXISTING STATE OF FLORIDA CONTRACT
NO. 252-001-00-1, EFFECTIVE THROUGH MARCH 31, 2002, ON AN
AS -NEEDED CONTRACT BASIS, SUBJECT TO FURTHER
EXTENSION BY THE STATE OF FLORIDA, FOR THE
DEPARTMENT OF PURCHASING TO. BE UTILIZED CITYWIDE;
ALLOCATING FUNDS THEREFOR FROM THE OPERATING
BUDGETS OF VARIOUS USER DEPARTMENTS, REQUIRING
BUDGETARY APPROVAL PRIOR TO USAGE.
13 6/29/00
0 •
5.6. APPROVE ACQUISITION OF COMPUTER TECHNICAL TRAINING FROM
EXECUTRAIN, AWARDED UNDER EXISTING STATE OF FLORIDA CONTRACT FOR
DEPARTMENT OF INFORMATION TECHNOLOGY, THROUGH CITYWIDE TRAINING
INITIATIVE COORDINATED BY DEPARTMENT OF HUMAN RESOURCES, $20,000;
ALLOCATING FUNDS FROM DEPARTMENT OF HUMAN RESOURCES.
RESOLUTION NO. 00-528
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE ACQUISITION OF COMPUTER TECHNICAL TRAINING FROM
EXECUTRAIN, AWARDED UNDER EXISTING STATE OF
FLORIDA CONTRACT NO. 973-890-98-1, EFFECTIVE THROUGH
JANUARY 19, 2003, SUBJECT TO FURTHER EXTENSIONS BY THE
STATE OF FLORIDA, FOR THE DEPARTMENT OF INFORMATION
TECHNOLOGY, THROUGH THE CITYWIDE TRAINING
INITIATIVE COORDINATED BY THE DEPARTMENT OF HUMAN
RESOURCES, IN AN AMOUNT NOT TO EXCEED $20,000
ANNUALLY; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF HUMAN RESOURCES ACCOUNT CODE NO.
001000.270101.6.4.10.
14 6/29/00
Ll
\J
6. APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVE PROCUREMENT OF
SIDTm EXPLOSIVE DEVICE TRANSPORT,SYSTEM FROM CRIMINALISTICS, INC., THE SOLE
SOURCE PROVIDER, FOR DEPARTMENT OF POLICE, $24,600; ALLOCATING FUNDS FROM
LAW ENFORCEMENT TRUST FUND.
Mayor Carollo: We are now in Item Number 2, public hearing items. It's a resolution ratifying,
approving and confirming the City Manager's finding of sole source.
Commissioner Winton: Move it.
Vice Chairman Gort: Second.
Mayor Carollo: It's been moved by Commissioner Winton, seconded by Commissioner Gort. All in
favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-529
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF SOLE
SOURCE, WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDS, AND APPROVING THE PROCUREMENT OF A
SID TM EXPLOSIVE DEVICE TRANSPORT SYSTEM FROM
CRIMINALISTICS, INC., THE SOLE SOURCE PROVIDER FOR THE
DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED
$24,600; ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002,
AND 690003.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
15 6/29/00
•
•
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
16 6/29/00
Mayor Carollo: Number 3 is a resolution waiving requirements for competitive sealed bids.
Vice Chairman Gort: Move it.
Commissioner Sanchez: Second.
Mayor Carollo: Moved by Commissioner Gort. Seconded by Commissioner Sanchez. All in favor,
signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
17 6/29/00
The following resolution was introduced by Vice Chairman Gort, who moved for its adoption:
RESOLUTION NO. 00-530
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDS, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING THAT
COMPETITIVE BIDDING PROCEDURES WOULD NOT BE
PRACTICABLE OR ADVANTAGEOUS, AND APPROVING THE
ACQUISITION OF SMARTPATH LIGHTGATE SERVICE TO
UPGRADE THE E-911 SYSTEM AT THE POLICE DEPARTMENT
AND THE BACKUP SITE AT THE FIRE COLLEGE FROM
BELLSOUTH TELECOMMUNICATIONS, INC., FOR A TWENTY-
FOUR (24) MONTH PERIOD AT AN ANNUAL COST OF $14,652;
ALLOCATING FUNDS THEREFOR FROM THE E-911 OPERATING
BUDGET, ACCOUNT CODE NO. 196002.290460.6.510;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THIS 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 resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
18 6/29/00
8. APPROVE CITY'S FIVE-YEAR STRATEGIC (FY 2000-2004) AND ANNUAL (FY 2000-2001)
PUBLIC HOUSING PLANS, IN CONNECTION WITH CITY'S SECTION 8 MODERATE
REHABILITATION VOUCHER REPLACEMENT PROGRAM.
Mayor Carollo: Now, in Item Number 4, a resolution approving the City of Miami's five-year strategic
annual public housing plans. Is there a motion?
Commissioner Winton: Move it.
Commissioner Sanchez: Second, for discussion.
Mayor Carollo: It's been moved and seconded. Now it's open for discussion, from the Commission
members first.
Commissioner Sanchez: We're on the preparation of the Section 8, the PH -A plan?
Jeffery Hepburn (Assistant Director -Housing, Community Development): Jeff Hepburn. Yes,
Commissioner. Jeff Hepburn, Assistant Director, Community Development Department.
Commissioner Sanchez: Are all the required forms properly filled and attached to this PH -A plan?
Mr. Hepburn: Yes, Commissioner.
Commissioner Sanchez: Just out of curiosity, how much are we getting in annual contributions?
Mr. Hepburn: In terms of the total Section 8 Mod -Rehab Program, we're receiving over two point five
million dollars ($2.5 million) annually.
Commissioner Sanchez: Do we get any additional?
Mr. Hepburn: No. There are no additional funds. That's a contract that dates — a 15 -year contract with
USHUD (United States Department of Housing and Urban Development) that annually, we receive rental
assistance for the tenants.
Commissioner Sanchez: Has the plan been available for review?
Mr. Hepburn: Yes, it has. They were provided to each NET (Neighborhood Enhancement Team) office,
and we also had a public hearing.
Commissioner Sanchez: So it's had plenty of public input.
Mr. Hepburn: That's correct.
Commissioner Sanchez: Also, just to make sure, the anti -lobbyist certification has been signed?
19 6/29/00
5�
0
Mr. Hepburn: Those — once you approve this action today, then the Manager will be signing those
documents, yes, all the certifications required.
Commissioner Sanchez: OK. No further questions.
Mayor Carollo: Any further questions from the Commission?
Vice Chairman Gort: I do. My understanding is "X" apartment buildings, that we contract with the
apartment buildings or with the individuals?
Mr. Hepburn: The actual — this particular plan addresses the old Miami, Limited Project. Because we
vouchered out those tenants, we are required to submit this particular document. Those contracts, in fact,
are with the landlord and the tenant, which is 109 families involved.
Vice Chairman Gort: So it's a combination of the two that goes in the contract? -
Mr. Hepburn: That's correct.
Vice Chairman Gort: My question, also, is according to what I read in here, there's certain responsibilities
that we have, that we have to go into these buildings and make sure that the owners comply with the
regulations and criterias. And I think that's something that we have failed to have in the past. And I
understand you're overworked and you have a lot of responsibilities. But this is what Commissioner
Teele was talking about a couple of meetings ago, where we should have a separate inspector to make sure
that those people comply, because most of the complaints that we get from this Section 8 that the City has
is that the owners are not maintaining the buildings.
Gwendolyn Warren (Director, Community Development): Commissioner, you're correct. Under the
HAP (Housing Assistance Program) contract in the past, the City had three inspectors. Those — in
housing. Those inspectors were responsible for the 400 Section 8 housing units plus all new construction
and rehab. You currently have an inspections unit, as a result of the reorganization of 23 inspectors. Ten
of those individuals are City clients who are being trained in the inspection area, and the rest of them are
certified housing inspectors. So we do have a full complement now, as a result of the reorganization.
Vice Chairman Gort: Great. Also, what I would like to see, not only the owners, but I think the renters
also should go to some courses and help with the maintenance of the buildings to keep them up.
Ms. Warren: Yes, sir.
Vice Chairman Gort: Thank you. I don't have any more questions.
Commissioner Sanchez: If I may.
Mayor Carollo: Go ahead.
Commissioner Sanchez: Gwendolyn, correct me if I'm wrong. I think my district leads in Section 8. I
think I have 420 Section units.
20 6/29/00
Ms. Warren: There's 420 totally, Citywide, and you have currently under a HAP, I think you have — about
200 units are in East Little Havana.
Commissioner Sanchez: Just to elaborate a little bit on what Commissioner Gort said, what this does, it
protects us from landlords.
Ms. Warren: What this does is what we haven't been able to accomplish in the past. One, we're required
to, on a quarterly basis, no less than twice a year and every time a new tenant moves in, we're required to
do a housing, a full high-quality housing inspection.
Commissioner Sanchez: So it protects us from crummy landlords.
Ms. Warren: Absolutely. Also, what we have not had in the past, we have these 15 -year contracts, but it
did not include an employment transition assistance, where we're now implementing a portion of the
program that will provide job training, counseling, and assistance to help the individuals move into their
own homes and/or move off of subsidized housing. So it's a more comprehensive plan. It intensifies the
inspection, and it does, in fact, hold the landlords responsible for providing quality housing. And again,
you have a full complement of inspectors now, and the era of non -inspections has passed.
Commissioner Regalado: Question.
Mayor Carollo: Go ahead.
Commissioner Regalado: Gwen, since we have now a unit that is taking care of those buildings, can we
request from the County to administer any building in the City of Miami that has a Section 8 County
program?
Ms. Warren: Unfortunately, no. The City has its own Housing Authority. It does include our own
contract Section 8 Housing Projects. But the County has a lot larger Section 8 Housing Program. And
those projects are under contract to the County.
Commissioner Regalado: The reason I'm asking this is because there is a building at Southwest 24th
Street that has a number of violations. The tenants are complaining, and it seems that the County is not
taking care of those violations. If you go into that building, you'll see holes in the floor, toilets that don't
work and I mean — and that's a County thing. And the only thing that we can do is enforce the Code
outside of the building.
Ms. Warren: Well, what we can do — Rafael Rodriguez -- I'm not sure if you gentlemen remember him —
used to be a NET Administrator. He's the manager in charge of inspections. What we can do is have him
to contact the County to follow up on that. What you have done, however, is under your HOPWA
(Housing Opportunities for Persons with AIDS) Program, the County used to do the inspections in the
City. We're now doing our own, and that will insure quality goes up. But we can have him to contact
them to look at their inspection reports to see if they're in compliance.
Commissioner Regalado: Yes. Rafael can call his brother.
21 6/29/00
L
Ms. Warren: And I'll have him to get that number and find out what's going on.
Vice Chairman Gort: Question.
Ms. Warren: Yes, sir.
Vice Chairman Gort: You mean we cannot apply Code Enforcement inside a building if there's non-
compliance?
Ms. Warren: No. We can do Code Enforcement in the City of Miami.
Commissioner Regalado: And Mr. —
Vice Chairman Gort: OK. If the property is within the City of Miami, we can go in and do the
enforcement. OK.
Ms. Warren: Yes, sir.
Commissioner Regalado: Yeah, but if you see that building, it's a shame that people are living there. And
it's a shame that we cannot go in. We can enforce — we have enforced the perimeter, but inside, it's bad.
Mayor Carollo: Any further questions? Hearing none, it's been moved and seconded previously. All in
favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
22 6/29/00
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-531
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING THE CITY OF MIAMI'S FIVE (5)
YEAR STRATEGIC (FY 2000-2004) AND ANNUAL (FY 2000-2001)
PUBLIC HOUSING PLANS, IN CONNECTION WITH THE
IMPLEMENTATION AND ADMINISTRATION OF THE CITY'S
SECTION 8 MODERATE REHABILITATION VOUCHER
REPLACEMENT PROGRAM; AUTHORIZING THE CITY MANAGER
TO SUBMIT THE ATTACHED PLAN (S), ATTACHED HERETO
AND MADE A PART HEREOF, FOR REVIEW AND APPROVAL BY
THE U.S. DEPARTMENT OF HOUSING AND, URBAN
DEVELOPMENT, AND TO EXECUTE ANY AND ALL DOCUMENTS
AND CERTIFICATIONS REQUIRED, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR SUBMISSION OF THE ATTACHED
PHA PLANS.
(Here follows body of the 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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
23 6/29/00
9. AUTHORIZE MANAGER TO ALLOCATEFUNDING FROM CITY'S FY 1999-2000 HOME
INVESTMENT PARTNERSHIP ("HOME") PROGRAM TO JUBILEE COMMUNITY
DEVELOPMENT CORPORATION, $500,000, AND LITTLE HAITI HOUSING ASSOCIATION, INC.,
$360,000, IN CONNECTION WITH CONSTRUCTION OF FIFTY-EIGHT (58) UNITS OF
HOMEOWNERSHIP HOUSING IN THE ALLAPATTAH AND LITTLE HAITI NEIGHBORHOODS.
Mayor Carollo: We're now in Item Number 5.
Vice Chairman Gort: This is the 58 new single-family homes in the Allapattah/Little Haiti
neighborhoods. I move it.
Mayor Carollo: It's been moved by Commissioner Gort.
Commissioner Winton: Second.
Commissioner Teele: Second.
Mayor Carollo: Seconded by Commissioner Teele. Is there any discussion on this item?
Commissioner Winton: I have a question. I'm not sure. It seems to me isn't there like four point one
million dollars ($4.1 million) in this program? Is that what this says? And we're allocating — there's two
projects we're allocating money to. And I read this twice; so I decided — but I read it late at night. So I
couldn't decide if I was just thickheaded, or whether the answer, might be in here. I just didn't get it.
Jeffery Hepburn (Assistant Director -Housing, Community Development): Commissioner, I think — to
answer your question, back in October when we issued the RFP (Request for Proposals), there was
roughly four point two million dollars ($4.2 million) or so available program -wise.
Commissioner Winton: OK.
Mr. Hepburn: -- wide. There was only two point seven million dollars ($2.7 million) allocated from the
home pot for homeownership projects, and that's where these two are being funded from. But in total, the
home allocation was over four million dollars ($4,000,000).
Commissioner Winton: OK. And so — but we're going to allocate eight hundred and sixty thousand
dollars ($860,000) here. So does that mean there's still money left over, or has it all — does this — does this
eat up the rest of the allocation?
Mr. Hepburn: Last year's allocation was not totally used. It's part of the RFP that we issued recently, the
carryover, so that's part of the new projects that we'll be bringing before you, hopefully, in the future.
Commissioner Winton: OK. So there is money that will be unallocated so that there could be future
proj ects.
Mr. Hepburn: That's correct.
24 6/29/00
Commissioner Winton: Thank you.
Mayor Carollo: Any further questions? For the record, could you state for the public the total amount of
units for each corporation, and state the names 6f the principals on each of these corporations?
Mn Hepburn: Through this action, we're recommending funding to Jubilee Community Development
Corporation in the amount of half a million dollars for the development of 38 units of homeownership
housing. The other recommendation is to Little Haiti Housing Association, 20 scattered single-family
homes, homeownership. The recommendation is three hundred and sixty thousand dollars ($360,000).
Mayor Carollo: Thank you very much.
Vice Chairman Gort: Also, I think it's important that we state that our portion to this home comes out to
fourteen thousand dollars ($14,000) per home, because there's 58 homes. The total value of all this is
three point seven -o -two million dollars ($3.702 million).
Mr. Hepburn: That's correct. There's substantial leveraging here.
Vice Chairman Gort: Thank you. It's a good leverage.
Mayor Carollo: All right. Any further questions? Hearing none, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It's passed unanimously.
The following resolution was introduced by Vice Chairman Gort, who moved for its adoption:
RESOLUTION NO. 00-532
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF FUNDS FROM THE CITY'S
FY 1999-2000 HOME INVESTMENT PARTNERSHIP ("HOME")
PROGRAM TO JUBILEE COMMUNITY DEVELOPMENT
CORPORATION, IN THE AMOUNT OF $500,000, AND LITTLE
HAITI HOUSING ASSOCIATION, INC., IN THE AMOUNT OF
$360,000, FOR THE CONSTRUCTION OF APPROXIMATELY FIFTY-
EIGHT (58) UNITS OF HOMEOWNERSHIP HOUSING IN THE
ALLAPATTAH AND LITTLE HAITI NEIGHBORHOODS; .FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL
AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE, SUBJECT TO CERTAIN TERMS
AND CONDITIONS.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
25 6/29/00
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS:. None
ABSENT: None
26 6/29/00
10. AUTHORIZE MANAGER TO ALLOCATE $10,000 OF 25TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT ("CDBG') FUNDS TO WORD OF LIFE COMMUNITY
DEVELOPMENT CORPORATION, AND CARRYOVER ADDITIONAL AMOUNT, $.11,934, IN
UNEXPENDED .24TH YEAR CDBG PROGRAM: FUNDS TO THE AFORESAID AGENCY, TO
UNDERTAKE HOUSING DEVELOPMENT ACTIVITIES IN THE CITY.
Mayor Carollo: We're now in Item Number 6. It's a funding resolution authorizing the Manager to
allocate certain amounts of the 25th year Community Development Block Grant funds.
Gwendolyn Warren (Director, Community Development): Yes, sir. At the Commission's direction and
request of the agency, Word of Life Community Development Corporation has requested to carry over
some unspent funds from last year in a total amount of eleven thousand, nine hundred and thirty-four
thousand dollars ($11,934). The Commission had directed that they be eligible to do this. We've now
defined the amount, and we're requesting that officially, you authorize us to incorporate and allow them to
expend the funds. These are unspent monies from their contract from last year. And we're requesting that
they be carried over.
Mayor Carollo: Go ahead, Commissioner.
Commissioner Teele: Public hearing, I'm sorry. Is this the public hearing?
Commissioner Sanchez: It is a public hearing.
Mayor Carollo: They are public hearings, yes.
Commissioner Teele: There's no person speaking. I would move the item, Mr. Chairman.
Mayor Carollo: OK. There's a —
Vice Chairman Gort: Second.
Mayor Carollo: -- motion by Commissioner Teele.
Commissioner Sanchez: I — open for discussion.
Mayor Carollo: Second by Commissioner Gort. It's open for discussion.
Commissioner Sanchez: It is my understanding that approximately about three months ago, this
Commission agreed to reduce all the CDC's (Community Development Corporations) to fifty thousand
dollars ($50;000), except the ones that were holding major projects in the works. Why are we revisiting .
this issue at this time?
Ms. Warren: The reason why you're revisiting the issue at this time is under a previous action in
February, you authorized the agency carrying — using their unspent monies for housing -related activities.
At that time, the amount of money that you authorized for carryover was incorrect. We needed to adjust
some figures, and this is the real amount. So basically, we're correcting the amount of money.
27 6/29/00
Commissioner Sanchez: And why is the staff recommending this agency and not the other ones that were
affected by the reduction?
Ms. Warren: At the Commission meeting, I believe, in February, the Commission authorized three
agencies to carry over unspent housing -related funds. One of the agencies was Word of Life. The amount
of money that was read into the record was incorrect. This is a correction to that record, and it's basically
implementing your previous actions.
Commissioner Sanchez: What other agencies received a reduction?
Ms. Warren: Again, this is not a reduction. This is the — a resolution or ordinance implementing a City
Commission resolution to allow them to carry over their unspent funds. I believe Word of Life, Model
Housing and — I'm sorry; I can't remember the other organization. But there were —
Commissioner Sanchez: Was it Model Housing?.
Ms. Warren: Model Housing and another organization, along with Word of Life, were authorized to carry
over unspent housing expenditures from the previous year.
Commissioner Sanchez: Why weren't they recommended?
Ms. Warren: Their amounts that were read into the record were correct. This agency, we had to do some
reconciliation to identify the proper carryover amount. We're at this time correcting the record, and the
amount to be carried over is eleven thousand, nine hundred and thirty-four dollars ($11,934):
Commissioner Winton: Instead of what?
Ms. Warren: I think it was sixteen thousand. It's a lesser amount.
Mayor Carollo: Any further questions?
Commissioner Sanchez: I do. We got three months to go to finish the fiscal year, correct?
Ms. Warren: Yes, sir.
Commissioner Sanchez: In September, it expires.
Ms. Warren: Again, this is — the agency had requested at the time to the Commission to use their unspent
monies from the previous year for some housing -related cost to acquire some land. The Commission
authorized .their administrative support for this year, and also approved them using carryover monies from
the previous year for land acquisition and some predevelopment costs. The amount of money that they
had — that we had stated in the record was off by several thousand dollars. We're correcting the real
amount that's available for that land acquisition activity. This is consistent with your actions for the other
agencies. And again, it's just a record correction in the amount that would be available.
28 6/29/00
Mayor Carollo: Any further questions?
Commissioner Winton: Move it.
Mayor Carollo: It's been moved by Commissioner Winton, seconded by Commissioner Gort. All in
favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It's passed unanimously.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-533
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ALLOCATE THE
AMOUNT OF' $10,000 OF 25TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS TO WORD OF
LIFE COMMUNITY DEVELOPMENT CORPORATION, AND THE
CARRYOVER OF AN ADDITIONAL AMOUNT OF $11,934 TO
UNEXPENDED 24TH YEAR CDBG PROGRAM FUNDS TO THE
AFORESAID AGENCY, PREVIOUSLY APPROVED BY
RESOLUTION NO. 98-402.1, TO UNDERTAKE HOUSING
DEVELOPMENT ACTIVITIES IN THE CITY OF MIAMI; FURTHER
AUTHORIZING THE CITY MANAGER TO AMEND THE 25TH YEAR
CDBG AGREEMENT WITH WORD OF LIFE COMMUNITY
DEVELOPMENT � CORPORATION, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, IN THE AMOUNT STATED ABOVE FOR
SAID PURPOSE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES:, Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
29 6/29/00
11. DEFER CONSIDERATION OF PROPOSED AMENDMENT TO RESOLUTION NO. 00-427
BY TRANSFERRING $3 MILLION OF PREVIOUSLY APPROVED COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS FOR HISTORIC OVERTOWN PRIORITY BUSINESS CORRIDOR
PROJECT TO MEET THE ANNUAL FUNDING COMMITMENT TO THE COMMUNITY
REDEVELOPMENT AGENCY (CAMTLLUS HOUSE). (See #3 and 37)
Mayor Carollo: We're now in Item Number 7 of the public hearing items.
Commissioner Teele: Mr. Chairman.
Mayor Carollo: Go ahead.
Commissioner Teele: I was unaware at the time of a memo sent to you regarding 7-A. Commissioner
Sanchez. talked about deferring it till 5 o'clock. I would move to defer the item to the next meeting,
consistent with the request to Father Lloyd.
Commissioner Sanchez: Second.
Mayor Carollo: OK.
Commissioner Teele: I'm talking about the —
Vice Chairman Gort: Art, 7 is different from 7-A. You.want to defer both?
Commissioner Sanchez: It's 7-A. You want to defer both?
Commissioner Teele: Say again?
Commissioner Sanchez: That's 7-A.
Vice Chairman Gort: Item 7 is different from 7-A. Seven is the one the merchants on 17th Avenue —
Commissioner Teele: I'm sorry, I'm sorry. I stand corrected.
Mayor Carollo: You're referring to 7-A, Commissioner?
Commissioner Teele: I was referring to 7-A.
Mayor Carollo: OK. Is there.a motion to defer the item?
Commissioner Teele: So move, Mr. Chairman.
Commissioner Sanchez: Second.
Mayor Carollo: OK. There's a'motion by Commissioner Teele to defer Item 7-A to the next meeting.
It's been seconded by Commissioner Sanchez. All in favor signify by saying "aye."
30 6/29/00
The Commission (Collectively): Aye.
Mayor Carollo: Item 7-A has been deferred.
The following motion was introduced by Commissioner Teele, who moved for. its adoption:
MOTION NO. 00-534
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM NO. 7-
A (PROPOSED AMENDMENT OF RESOLUTION NO. 00-427 BY
TRANSFERRING $3 MILLION OF PREVIOUSLY APPROVED
COMMUNITY DEVELOPMENT BLOCK .GRANT FUNDS FOR THE
HISTORIC OVERTOWN PRIORITY BUSINESS CORRIDOR PROJECT
TO MEET THE ANNUAL FUNDING COMMITMENT TO THE
COMMUNITY REDEVELOPMENT AGENCY) TO THE COMMISSION
MEETING PRESENTLY SCHEDULED FOR JULY 20, 2000.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Mayor Carollo: We're back in Item 7
Alejandro Vilarello (City Attorney): Mr. Mayor, I'm sorry. If the item is being deferred to a date
specific, there were advertising requirements, and we'd like to meet those and continue, so if we can defer
it to a date specific —
Commissioner Teele: To the next Commission meeting.
Mayor Carollo: Yeah, it was said, the next Commission meeting.
Mr. Vilarello: Which is July 201h now?
Commissioner Teele: Yes.
31 6/29/00
0 0
12. ALLOCATE $100,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG")
FUNDS FROM PREVIOUSLY APPROVED LITTLE HAITI JOB CREATION PROJECT TO ASSIST
TWO BUSINESSES IN EDISON LITTLE RIVER/LITTLE HAITI AREA AND $28,230 OF CDBG
FUNDS FROM PREVIOUSLY APPROVED CITYWIDE MICRO LOAN PROGRAM TO ASSIST
ONE BUSINESS IN MODEL CITY AREA, WITH SAID ALLOCATIONS PROVIDING FUNDING
FOR THREE BUSINESSES TO PARTICIPATE IN COMMERCIAL REVITALIZATION PROJECT.
Commissioner Sanchez: Are we on 7?
Mayor Carollo: We're on 7 right now. Does the Administration have anyone to address the Commission?
Carlos Gimenez (City Manager): Yes, sir, she's coming up.
Mayor Carollo: Thank you. This is allocating the amount of a hundred thousand of Community
Development Block Grant funds from the previously approved Little Haiti Job Creation Project to assist
two businesses in the Edison/Little River/Haiti area, and twenty-eight thousand, two hundred and thirty
dollars ($28,230) of CDBG funds from the previously approved Citywide Micro Loan Program to assist
one business in the Model City area. Gwendolyn.
Gwendolyn Warren (Director, Community Development): Yes, sir. We're again requesting the approval
to provide commercial revitalization assistance to these three businesses located in the Edison/Little River
community.
Mayor Carollo: Are there any questions from the members of the Commission?
Commissioner Teele: Mr. Chairman.
Mayor Carollo: Go ahead, Commissioner Teele.
Commissioner Teele: This matter has gone on now for over nine months. And it has been thoroughly
discussed and debated. This is, I think, a very important first step. I've,\got some concerns once the
Commission has taken an action on this. But I think we've all heard from Mr. Jones and the community
on this ad infinitum, and I would move that the item be approved.
Mayor Carollo: OK. There's a motion to approve the item.
Vice Chairman Gort: I will second it.
Mayor Carollo: Second by Commissioner Gort.
Vice Chairman Gort: Under discussion.
Mayor Carollo: It's under discussion.
Vice Chairman Gort: The reason I seconded it is we have CDBG funds, and we have created the NET'S
(Neighborhood Enhancement Teams), and some of the CDBG funds and some of the programs like the
32 6/29/00
•
fagade treatment have worked very good in certain neighborhoods. In other neighborhoods, this program
has not worked, because the merchants in the area did not have the capability to come up with the 20
percent. Now, I'm a great believer that we do need to do economic development within certain
neighborhoods, and that's going to bring back the — we need homeownership and we need small
businesses to succeed. That's why I think the change in this program in this area is to really help those
merchants to come up, like because a fagade would not help. And the one thing we talked about is, and I
requested of staff that once we make this loan — and this is the, also, partial loan that they get. And they're
also getting a grant from the County. So this is matching funds that they're getting from the county — to
make sure that these businesses do become successful, to make sure that we not only give economic
assistance to these individuals, but that we also provide technical assistance. I think that is very important.
Somehow, we need to find that technical assistance to go along with these funds, because that's the only
way they're really going to succeed. And I think once we start seeing one or two of the businesses within
certain areas becoming successful that would really help the rest of the area. So that's the reason why I
second this motion.
Mayor Carollo: OK. Any further discussion?
Commissioner Winton: Yes. And it really isn't — my comments aren't going to apply today to these
projects, because as Commissioner Teele has said, this has been on the agenda way too long, and we need
to move on with it. But from a philosophical standpoint, at some point in the future, I am going to want to
discuss how these programs really work, because philosophically, I'm not enthusiastic about providing
outright grants to commercial businesses. I think that these monies should be provided in the form of
long-term loans that pay — that have three percent interest or something. And if you charge a three percent
interest rate or a very low interest rate and you amortize it over 20 years, it doesn't have a dramatic impact
on the business, the business proprietor to pay the money back. You can build an additional pool of
dollars long-term to continue to reinvest in the community. And if you charge a minimal interest rate, you
can put the loans out to the servicing company. They'll charge a point for servicing. Internally, you get a
point or two internally to continue to manage the process. So it's really about a break even for the City.
And so from a philosophical standpoint, in the future, I want to have a debate about this. But I don't want
to have a debate about this issue on these three items today.
Commissioner Teele: Mr. Chairman.
Mayor Carollo: Go ahead, Commissioner.
Commissioner Teele: I think, you know, we need to have this debate sooner rather than later, you know.
But before we start applying it, I think it's very important that -- You know, one of the reasons that I've
tried to get Overtown, and Liberty City, and Little Haiti out of the fagade program is we've got to stop this
one shoe fits all, you know. These fagade improvements are great in Allapattah. I fully support them.
They've not worked for eight years in Liberty City, in Overtown. These — you know, we just had a
charette process, and what they recommended, you know, largely was redoing Overtown. Well, you
know, that sounds great if you own the property. But most of the property owners in Overtown don't live
there, nor are they African-American, nor are they benefited by it. So, you know, there is some room for
debate. Johnny, I respect you deeply, but I'm going to tell you, the phenomena of black -owned businesses
is totally different from the phenomena of Asian -owned businesses, which is at the apex of American -
owned businesses, which is totally different from Latin -owned businesses. I mean, black businesses make
33 6/29/00
up one half of one percent of all of the businesses in the United States, according to the Census
Department. We're dealing now with this issue of Emma Martin. This City has been involved for the last
20 years in making loans to businesses in the black community, and for 20 years, it has not worked. The
Federal Government has moved drastically. The County is way ahead of us again. This program is
designed to mirror or match the County. We have one later with the CRA (Community Redevelopment
Agency) with a Federal program that is the so-called Meek Fund, which is the Federal appropriations
which were -- But the biggest problem is the problem that Commissioner Gort raised, and that is — and this
is not going to be popular with Mr. Jones — the problem is, is that there's so much red tape, and so much
debate and controversy in getting this money that the mentality — and this may not apply to the people, and
I'm not putting anybody down — the mentality is, just get the money, if you can get anything, because
everybody knows they're going to get hammered. They're going -- If it relates to the black community,
there is going to be a discussion and a controversy. I've been watching this process for 20 years in this
town. It's always that way. And so what you wind up with are people coming in and just trying to get
whatever they can, because everything is so difficult. My concern and what I wanted to discuss after this
is when we looked at the MAP (Metro Action Plan) money at the CRA, which I personally looked
through, those people had about one-fourth of the money that they needed to bring the buildings to code.
To code. I'm not talking about success versus failure and all of that. This is a grant program, not a loan
program. It is widely agreed in this town, if you look at what we've done with the BAC, if you look at
what we've done with Miami Capital — I spent an hour and a half with the County Administrator for this
program last week. And he says, Commissioner, Countywide, there is no one to administer a loan
program in the black community, take my word for it. He says, we've gone out with private individuals.
They had a Newall Daughtrey contract; we had Miami Capital. I'm talking for them. And the guy —
what's his name? -- He's a very, very educated guy, Dr. — a Hispanic, the guy that runs the program at the
County. Dr. Ignacio De La Campo. Extremely knowledgeable. And he says, we wish the City and the
County could come up with a way to get a program, but it hasn't worked in 30 years. If you go back to
the 1980 riots, there is not one active program right now that is administering loan funds in this County.
Now, they just made the decision again, they're going to move the money back to the BAC. They've
gone through at least five different entities, Johnny. It doesn't work. It has not worked here. And in
those cases, what you have is the City literally putting people out of business, like in the case of Emma
Martin, which is an issue that is still out there that we're going to have to deal with. So I'm signing on to
the Federal program now, which the County has adopted. This is the first one that has come out of the
City. I don't like the idea that we're following the leader to the County. All of these dollars are being
matched.by Metro -Dade County funds. It's a grant program. The County money is grant, this money is
grant, and the fact of the matter is, is that if we're going to change the statistical trend in America where
blacks make up 15 percent of this country, and get one half of one percent — and I wish you all would get
the recent census statistics on black -owned businesses, because ten years ago, it was one fourth of one
percent. Twenty-five percent of one percent of the businesses in America are owned by African-
Americans. So, I think we have to recognize that one shoe doesn't fit all. We have a unique problem.
This is an approach — I don't necessarily have an experience with this approach at all. It's permissible
under the Federal guidelines. It's designed — I was going through the record of Tacolcy, and I'll tell you
this: When the Mayor, Mayor Ferre granted the Martin Luther King money, it was supposed to have been
a grant, and the dialogue on the record was frightening. I mean, Ferre says, well, why make it a grant?
Why not make it a loan, and we'll forgive it every year. And that's what's happening. I don't mean to be
disrespectful of Mayor Ferre, but that's what's happened all for the last — this is in 1981, '82 when that
decision was being made. Loans have not worked. Tacolcy loan doesn't work now. They're trying to
34 1 6/29/00
0 9
work out something with the County and the City. And is it — Martin Luther King. It's not Tacolcy. It's
the Martin Luther King --
Ms. Warren: It's both.
Commissioner Teele: -- Foundation or the center there. And I just think that on this case, we ought to
look at it. But I think we ought to ask staff to write up a white paper and to begin that process, because I
don't think, you know, we can solve that process. But for those programs that we're doing both here and
later on today at the CRA, we're matching programs — we're running to catch up in — both here with the
County and with the CRA, with the MAP and the Federal Government in those two programs — those
three programs.
Commissioner Winton: Well, there's two points I would like to make. And first of all, I have to ask a
question. If this were treated as a loan, and the principal comes back, do we have to give that money back
to the Federal Government?
Ms. Warren: No. It's recirculated in other programs.
Commissioner Winton: OK. So the point I want to make, Commissioner Teele is —
Ms. Warren: It would have to come back.
Commissioner Winton: Two points I want to make. One is that the fact of the matter is the amount of
money that we have to put into black businesses isn't enough to ever statistically change any of this,
because we don't have any real money. And if you had a loan program, as opposed to a grant program,
over the course of time, you could build up one heck of a pool. And with each successive year, you're
building the pool, and you're adding to a pool of resources that over a ten- to 15 -year period could have
dramatic impact, whereas the way we're doing it here, you do three businesses a year. What have we
done? Not much. And so that's point one. The other point is that just in terms of making it work, it
seems to me that we don't change the criteria related to how you choose these things, whether it's a loan
or a grant. There were criteria that were used to choose these three businesses from a grant standpoint. So
use the same criteria. Follow that same criteria, use them. Don't do — you know, we're not going to do
the kind of loan underwriting that is the real basis of the problems that you've had in the past.
Commissioner Teele: But that's where the Federal Government comes back. You do have to, and that's
where this City has gotten in trouble. If you go look at the audit report, one of their issues was the failure
to have proper underwriting. If you're going to do a loan, you've got to do a loan. If you're going to do a
grant, you can do a grant. But it was the proper underwriting, and the follow-up, and quite candidly, the
aggressiveness in putting these people out of business, which the City didn't do.
Commissioner Winton: And the other point —
Commissioner Teele: So the Federal Government — it's sort of like Parrot Jungle is a 108. It's a loan.
When you do these loans, the government expects for you to follow up on them.
Commissioner Winton: Different criteria.
35 6/29/00
Commissioner Teele: Or do a grant. And the point is, Johnny — and I'll concede your issues that are you.
But from my point of view, I'd rather have one business in my district that works than have five or six
businesses that are sitting around waiting for some money to come down that may or may not come down,
based upon a policy that has failed.
Commissioner Winton: Yeah, I can't dispute that. That's right.
Commissioner Teele: I mean, you know, it's a difference in philosophy. I mean, it's sort of the Booker T.
Washington philosophy, you know. Just do one thing well, don't try to do everything well. And what you
have is, I think the problem is we should not ever fund any startups. That's one of the real issues. These
programs should be for people who have endured, who have sweated, who have shown an ability and a
propensity to make it.
Commissioner Winton: Track record, right.
Commissioner Teele: Not for somebody who's got a great idea.
Commissioner Winton: I agree.
Mayor Carollo: What is the will of the Commission?
Commissioner Winton: Did we move this yet?
Vice Chairman Gort: Yes. We moved and seconded.
Mayor Carollo: It's been moved and seconded. No further discussion? All in favor signify by saying
aye.95
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
36 6/29/00
11
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-535
A RESOLUTION OF THE MIAMI CITY COMMISSION
ALLOCATING THE AMOUNT OF $100,000 OF COMMUNITY
DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS FROM THE
PREVIOUSLY APPROVED LITTLE HAITI JOB CREATION
PROJECT TO ASSIST TWO (2) BUSINESSES IN THE
EDISON/LITTLE RIVER/LITTLE HAITI AREA AND $28,230 OF
CDBG FUNDS FROM THE PREVIOUSLY APPROVED CITYWIDE
MICRO LOAN PROGRAM TO ASSIST ONE (1) BUSINESS IN THE
MODEL CITY AREA, WITH SAID ALLOCATIONS PROVIDING
FUNDING FOR THE THREE BUSINESSES TO PARTICIPATE IN
THE COMMERCIAL REVITALIZATION PROJECT APPROVED BY
THE CITY COMMISSION AT ITS SPECIAL MEETING OF MAY 11,
2000; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER
INTO CONTRACT(S) WITH THE BUSINESSES, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Mayor Carollo: Passed unanimously. Seven -A was deferred to the next meeting.
Unidentified Speaker: Thank you, Commission and thank you, Mayor.
Vice Chairman Gort: Mr. Mayor Item 8 was requested by some other individuals to be heard after 11
o'clock, if possible.
Mayor Carollo: Which item is that?
Vice Chairman Gort: Item 8. Are they all here?
37 6/29/00
•
Commissioner Teele: Jones. Mr. Chairman.
Mayor Carollo: Go ahead, sir.
Commissioner Teele: One thing on this. Mr. Manager, I really wish you all — where is Gwen? I don't
want to say something she doesn't hear. I really wish you all would determine the best way to administer
this program, which is the issue that Commissioner Winton is getting to. My preference would be to
transfer this money to the County for them to administer, or have an interlocal agreement with them, and
let them administer it. I mean, I think the most ridiculous thing we can do is to have two separate
governmental agencies trying to administer one program for one business. And we've got a — I mean,
everybody knows I'm kicking and screaming about everything the County is doing and does wrong, but
we should not work against the County when we're trying to serve the same person. So I don't know if
Community Development is going to administer it, or Economic Development, or if we're going to try to
contract it out, but my preference would be for you all to come back at the next meeting and tell us how
this is going to be administered, and see if we can work an arrangement. Since the County is already in
this program, at least we can hold the County or somebody responsible for the proper administration of the
funds. But that's a request, and I'd like for you all to just come back and let us know.
Mr. Gimenez: Yes, sir.
Mayor Carollo: We're on item number 8 now.
Commissioner Winton: Could I add one point to that, Commissioner Teele? I think one thing we don't —
we do want to guard against, however, is we want to get the money in the hands of these businesses now.
And so while your idea is absolutely 100 percent right, it makes no sense to have two administering
agencies; the fact of the matter is we're providing 75 percent and the County is providing 25 percent. So
if the County, for reasons that I won't understand right now, begins to drag their feet on figuring out how
we can do an interlocal agreement, we might really want to just move forward, full steam ahead with our
money and the owners' money. Those two combined could really get things rolling.
Leroy Jones: If I can say, Commissioner Winton, is the —
Vice Chairman Gort: Technical assistance.
Commissioner Teele: Your name and address for the record.
Mr. Jones: Leroy Jones, 180 Northwest 62nd Street. I'd like to thank you, Commissioner Teele, for your
last comments. I think that was well spoken. And the reason why is because these three businesses have
been approved for the County money for over a year. And we need to do something now to try to give the
County the money so that the County can move forward with their projects, because the County is moving
forward. Matter of fact, I got a letter from the Director, Mr. Crapp, last week, saying, Leroy, we've been
waiting a whole year for you. We need to move forward with this program. We can wait no longer. So if
we can at least take care of that person, and then if the Commission wants to come back and see how
they're going to structure it, I would appreciate it so much. I'd like to thank you all for the vote, too,
Commissioners. Thank you so much.
38 6/29/00
13. EMERGENCY ORDINANCE: AMEND SECTIONS 54-411 THROUGH 54-429 OF THE CITY
CODE "STREETS AND SIDEWALKS, USE OF THE PUBLIC RIGHTS-OF-WAY FOR
INSTALLATION OF PAY TELEPHONES," TO PROVIDE FOR UNIFORM PROCEDURES
RELATING TO GRANTING OF PERMITS FOR CONSTRUCTION, OPERATION AND
MAINTENANCE OF PAY TELEPHONES IN THE CITY'S PUBLIC RIGHTS-OF-WAY.
Mayor Carollo: OK. We're back in Item Number 8. Emergency ordinance.
John Jackson (Director, Public Works): Good morning.
Commissioner Sanchez: It's a public hearing.
Mayor Carollo: Yes.
Mr. Jackson: Good morning. John Jackson, Director of Public Works. Item 8 is an emergency ordinance
amending Chapter 54 of Article 11 entitled use of public rights-of-way for installation of pay telephones.
Basically, there's been amendments to bring this ordinance in line with the requirements of the Florida
Public Service Commission, and also to, on July the 1St, require all providers for telephone, pay telephones
in the right-of-way to reapply and follow the requirements of this ordinance. And three, which is probably
the most important, is that we will be having a flat fee, annual flat fee for the pay phones of a hundred and
fifty dollars ($150) a year, which in the past, we were charging a percentage of the revenues that were
generated, and we haven't been audit — those have not been audited or we had no staff to audit them.
That's basically the provisions that we're changing here. Questions?
Vice Chairman Gort: My question is, my understanding is they would have to pull a permit for each
phone that's going to be installed.
Mr. Jackson: Yes.
Vice Chairman Gort: My question sometimes is, if you look at some of those phones within the right-of-
way of the sidewalk, which we'll have to be very careful. In other words, our inspectors, I guess, after the
phone has been installed, they go by or before, there's some kind of a plan that's presented to you all. I
mean, Public Works, do we have inspectors that go and look at the facility as it's being built?
Mr. Jackson: We have inspectors. Primarily, they've been handled by Mr. David Hernandez, who is also
here, that's been heading that up. But we can provide him with some assistance, because with this new
permitting, re -permitting of all the phones, we're going to be — you know, he's going to need some help.
Vice Chairman Gort: Because they might need some help. I'm still waiting for some lights, but I'll talk
to him later on that.
Commissioner Winton: How many providers are out there that are going to be covered by this ordinance,
roughly? I don't care, you know, I don't need exact numbers.
Mr. Jackson: About 27.
39 6/29/00
Commissioner Winton: About 27? So in this ordinance, and if you look at — and I didn't think to ask you
this morning here on 4, on free phones here, are we going to -- How are you going to make sure that
there's kind of an equitable distribution on issues like Number 4, Number 1 and Number 2? We want to
make sure that we have equitable standards set up for each of these providers, so that one guy at the
bottom of the totem pole doesn't get to put up a piece of junk, and somebody at the middle or the top of
the totem pole puts in something very nice. So we will — we're going to work on those standards, anyhow,
aren't we?
Mr. Jackson: Yes, we are, Commissioner. The requirements is that it will — the permitting has to come in
compliance, according to the Director of Public Works. I'm going to be working with Planning, Planning
Department for some minimum standards are — some uniformity throughout the City.
Commissioner Winton: Great. Thank you.
Mayor Carollo: Commissioner Sanchez needs the floor.
Commissioner Sanchez: Commissioner Winton, are you done?
Commissioner Winton: Yes, I am.
Commissioner Sanchez: OK. I have a couple of questions or points of clarification that I would like to
bring out. We — in the City now, we have 1,150 existing payphones, and those are the ones with permits.
Mr. Jackson: With permits, yes, sir.
Commissioner Sanchez: Do we know of any that are out there without permits?
Mr. Jackson: I'm sure there are a number. As they're identified, you know, we're going after them.
Commissioner Sanchez: What is the City doing to identify these phones without permits?
Mr. Jackson: Well, we have the NET (Neighborhood Enhancement Team) Administration, and the NET
inspectors that are out and — which identify phones that are illegally there or not in compliance. And then
we actually go out and inspect those. And if they are, then we take action.
Commissioner Sanchez: One other point that I would like to address is — and I've had numerous calls on
some payphones in my district, and I speak for my district — where constituents have called complaining
that these phones are being utilized for so-called criminal activity. And that is an ongoing problem on
some phones in my community. So what I want to ask is, under this agreement that you have forth here in
front of this Commission, what legal means do we have to do away with those phones as far as we can
prove that there is a history of ongoing problems with those phones being used for, one, criminal activity
or other matters that are not accepted by our constituents?
Mr. Jackson: Well —
40 6/29/00
•
Alejandro Vilarello (City Attorney): Commissioner, if I could address that. There is a procedure through
— this is regulated through the Public Service Commission, and there is a procedure in place.
Commissioner Sanchez: But it's a lengthy — it's a very lengthy procedure.
Mr. Vilarello: It's a lengthy procedure that we're preempted from interfering with. But there is a
procedure that allows us, after having a series of complaints — three — reporting to the Public Service
Commission about high crime activity or crime activity in a particular — associated with a particular
payphone, and that would allow us to remove the phone that is otherwise properly permitted.
Commissioner Sanchez: OK. And thank you for clarifying that on that matter. The other —
Mr. Vilarello: The Manager also asked me to mention that we don't — it doesn't necessarily mean we
have to remove the phone. Sometimes you can accomplish that by just restricting incoming calls, which
has a tendency to assist in crime prevention.
Commissioner Sanchez: And you have to go through certain steps, and that's one of the steps where calls
can come in. And, of course, it takes a long period of time before we're able to remove that phone. I just
wanted to see where we're at on legal means of how we could remove those phones. The other question
that I have, and I think Commissioner Winton addressed is to create a standardization where you have a
fair process, because right now, we have 27 competitors, correct?
Mr. Jackson: Yes, sir.
Commissioner Sanchez: Competing. So what happens — I'm sure everybody is going to fight for the
phones that make money, for the profitable zones in the profitable areas. Well, what happens with the
non-profitable areas of those phones? How is it distributed equally, so somebody who may have six
phones will only get maybe one area that's non-profitable, and (inaudible) somebody who has four phones
in a profitable area, and somebody with the same problem and two phones in a non-profitable area? See,
standardization. I mean, we have Commissioners here — Commissioner Teele brings it all of the time,
Commissioner Gort brings it all of the time that, you know, you've got to have a standard that fits
everybody. You can't have double standards. And that's a concern that I have. When you have 27
businesses that are competing for these phones, how are you going to distribute it where it's fair for
everyone? So that way, they don't come back to this Commission with complaints and -- you know.
Mr. Jackson: The provisions in the ordinance is that first come, first served. However, the existing
permittees that have phones have the right to come in and make application for those locations by the 15"'
of July. And if they complete all the permit requirements, they'll get the location.
Commissioner Sanchez: Who did the research on all this?
Mr. Jackson: Worked on this is Elaine Buza in Communications and Yamile Trehy from the Law
Department.
41 6/29/00
Commissioner Sanchez: Elaine, have you done anything to identify phones with no permits? I mean,
what is the lost revenue to the City with those phones? I mean, I don't know. It may be a hundred
phones, ten phones.
Elaine Buza (Information Technology): Well, I don't know that I can answer that right now,
Commissioner, but I do know that between NET and Public Works, they're having a stepped up program
to try to identify the phones that are not permitted. One of the items within this new revision to the
ordinance is that we'll be placing a decal on the phones as they're permitted. We're going to try to put
that decal. We've been working with the Florida Pay Telephone Association, as well as BellSouth.
They've been working with us every step of the way in this ordinance revision so that we can get
something that's agreeable to all the parties that have pay telephones out there. And we're going to try to
put decals that are not so conspicuous to people who would remove them, but will be available to the NET
inspectors and other people who need to check them, so that they could easily determine what phones
have been properly permitted. Also, the NET inspectors have a checklist now of items that they can check
on the phone that is in conjunction with the rules of the PSC (Public Service Commission) that they check
to be sure that the phone complies with each PSC rule that we have out there. Then if the phone is not in
compliance, then they can begin the process of issuing a complaint to the PSC and following through on
it. The PSC also, because we had a workshop with them last year, has volunteered to come down, if
necessary, and work with whoever in the City they need to work with to try to resolve these problems with
criminal activity or anything else. They have been more than willing to work with us if we can't resolve it
ourselves, and if we need their assistance, they've offered that to us. I don't know, does that address your
question, Commissioner?
Commissioner Sanchez: Thank you.
Ms. Buza: OK.
Commissioner Sanchez: In some ways, it does. Thank you.
Mayor Carollo: Commissioner Gort.
Vice Chairman Gort: I'd like to give you suggestions, and our police force uses this quite a bit. My
understanding is each phone needs an electrical outlet. Check with FP&L (Florida Power and Light).
They can give you the list of all of them.
Ms. Buza: Thank you, Commissioner.
Vice Chairman Gort: They need an electrical outlet. They have to contact the FP&L.
Mayor Carollo: Go ahead.
Commissioner Regalado: How many phones do not have incoming calls? I mean --
Mr. Jackson: I'm not sure I have that number. Do you have any idea?
Commissioner Regalado: All of them or —
42
6/29/00
•
David Hernandez (Public Works): David Hernandez, Public works. The majority of the phones that are
out there just to give you a brief overview. Again, there's about 1,150 phones that are permitted. Those
are only the ones that we're talking in this case on public right-of-way. To block the incoming calls, like
the City Attorney explained, we, at this moment in time, we don't have a list of how many phones have
block on. But we can, we can get that from the PSC. And I could follow up on that.
Commissioner Regalado: Because you know that that's one of the major problems that we have with the
gangs and the drug sales, you know, the beeper and the incoming calls. And you, yourself, helped me in
91h Street. They had this situation that went away with the change.
Mr. Hernandez: I think that what we've done here is that — and I'm sure they could attest, the association
could attest. Most of the — the industry is a good industry. It's just that you have rotten apples in the
industry. And that's where the problem is, when they come in and they put these phones without permits.
It's very difficult for me to find out or for — when I get called, and by the time I go out there, you know,
you got to go out there and pull these phones out. And I think that there's only a few that I could relate
that there's — you know, they're bad apples. And that's what we're trying to —
Commissioner Regalado: The other complaint — and my question is, how can we regulate this? The
other complaint is that some phones are being installed where -- right in front of driveways into markets or
places of business, and then people will park, block the driveway, and, you know, the merchant will
complain. And they say, mind you, some of the merchants say, well, when they were installing, they — I
went out and asked, and they told me, well, the City gave us a permit. So I don't know if we check if this
is in the driveway, on the path of cars, or we just give the permits per location.
Mr. Hernandez: No. There are rules and regulations set forth in Section 54 in reference to where they can
put the phone. And it can't be too close to a driveway. It can't be next to a fire hydrant. It can't be —
there's certain areas that they can't. I see your concern, because a lot of times, the phone is out there in
the sidewalk. And what they do is they drive into a private property, and then they stop there, use the
private property. They go ahead and use the phone out in the public right-of-way. Yes, we have certain
areas like that, and that is a problem.
Commissioner Regalado: OK. The other question is, why are we asking 500 feet instead of 300 feet?
Why people need to cross the street?
Mr. Hernandez: I think that —
Carlos Gimenez (City Manager): That's to stop the proliferation of payphones. With a 300 -foot distance,
you could actually have four payphones on one street. You have one on one end of the block, one on the
other end of the block, and across the street, you'd have two more there. With a 500 -foot distance, you
wouldn't have the proliferation of all these phones.
Frank Rollason (Assistant City Manager -Operations): Frank Rollason. What we did was — the ordinance
reads 300 feet now. There was a discussion about whether it should be stretched to 500 feet, and that's
why we sent the information to you, to see if you wanted to change it here on the floor. But if it stays at
300, we don't have an objection to that.
43 6/29/00
Commissioner Regalado: And the other question is, are we charging the amount of the new permit for
those who now have paid the permit? Like, for instance, BellSouth has this agreement — right? — with the
City that we all discussed about. But other companies have paid. Do they have to pay now? Why is this?
Mr. Vilarello: Commissioner, all applicants will have to pay the application fee, including BellSouth.
Commissioner Regalado: Even if they did pay before?
Mr. Vilarello: Yes. This was a new regulation, a new system of collecting a fee. It'll be the same fee for
anybody who comes in and applies.
Commissioner Regalado: Yeah, but what I'm asking is, people that paid before — some people didn't,
some people paid.
Mr. Vilarello: When the licenses are renewed at the beginning of the fiscal year, they will have to pay on
an annual basis an application fee or an occupational license fee.,
Commissioner Regalado: Yeah, but not now. I mean not right now?
Mr. Rollason: No. The permits will all expire. And when they come under this new ordinance to pull a
permit, they will have to pay the new fee. So the franchise agreement expires. The permit fees — the
permits expire.
Commissioner Regalado: OK.
Commissioner Winton: Well, I'm not sure. Let me — can I ask that question again? Because I'm not sure
I understand. I understand what Commissioner Regalado is asking. But say that the -- I don't know how
long the permit is good for. Let's say it's a year. And half the companies got their permit six months ago.
So they've got six months left on the money that they're spent for a permit. We enact this new ordinance.
Unidentified Speaker: October 1St
Commissioner Winton: Does the payment for the new permit go into effect at the expiration date of their
old permit?
Unidentified Speaker: No. October 1.
Mr. Vilarello: I apologize. Commissioner, I apologize for the confusion I think I lent to that. On October
I", everyone will have to come in and apply for their new permits and pay the fee at that time.
Commissioner Regalado: But why is that? I mean, Commissioner Winton is asking the same thing. It's
just his question was more direct.
Commissioner Winton: Why are we double dipping? That's the question.
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Commissioner Regalado: That's — I'm asking, why? Why did we do this?
Ms. Buza: Maybe I can clarify this. Elaine Buza, Telecommunications Administrator. What we are
trying to do is to set a level playing field. Right now, we don't think it's a level playing field. We want to
get to a point where everybody is on the same page of music, so to speak. In order to do that, we felt that
it was only possible by causing all existing permits to expire as of July 1St, and then start the process of re -
permitting. This will allow us to do several things. First of all, we have to charge the permit fee, which is
a one-time charge of two hundred dollars ($200) to cover the cost of processing the application. We will
not cause them to pay the annual fee until the start of the new fiscal year, which is October 1St. The new
permit year will begin on October 1St of each year and end on September 30th. So we weren't going to
require them to pay the annual fee for a partial year, but we were going to cause them to pay the two
hundred dollar ($200) one-time permit fee to pay for the reapplication. This will cause us to be able to do
several things. Throughout the years, we believe that there's been an inconsistency in the documentation
of the site plans, for instance. This will cause us to insure that all existing schematics and site plans are up
to date and accurate. We need that information to adequately administer this ordinance. You know, it is
unfortunate, possibly, if somebody just applied, but in order to get a level playing field, we felt this was
the best alternative. And again, we have discussed this with all the providers, and we don't believe that
there is an issue among the existing providers that they're going to have a problem with this.
Commissioner Regalado: I know — you know, I haven't discussed this with a provider, but I just noticed
that if you pay, you're going to pay again, because everybody has to be on the same page. That's for me
unfair. But that — you know, if there is an ordinance or whatever, if the City Attorney says that it's OK,
but still, it's unfair. If you pay, you're going to make me pay again. That's for me very' unfair.
Mayor Carollo: Any further questions (inaudible)? OK. We're going to open it up to the public now.
Madam, if you could give your name and address, and whom you represent for the record, please?
Angela Green: Yes, Mr. Mayor. I'm Angela Green. I'm with the Florida Public Telecommunications
Association in Tallahassee. And I thank you and the Commissioners for allowing me to address you
today. Before I begin, I must point out to you, you have some very exemplary staff that you can be proud
of. Ms. Buza and Mr. Hernandez have gone above and beyond the call of duty in trying to draft this
ordinance that they bring to you today. They have done everything humanly possible to get the industry's
support, and to hear what the industry has to say. And regardless of how you vote today, that needs to be
recognized and acknowledged. I appreciate what they've done. I wanted to come here today and tell you
I endorse this ordinance 100 percent. And from a legal standpoint, it has a 100 percent endorsement.
From a fairness standpoint, there is a small percentage point that I do have to withhold, and that's the issue
regarding the application fee. My organization is small and medium-sized businesspeople that own and
operate pay telephones. They compete with large multi -billion dollar corporations, such as BellSouth.
Some of these people own a half a dozen phones. Many of them live and work right in your community.
Again, as an issue of fairness, under previous versions of your ordinance, BellSouth was never required to
pay an application fee. The people that I represent did pay this fee. They paid it in good faith. They have
been abiding with the conditions of the ordinance. Now, in order to appear to be fair, they're going to be
asked to pay another application fee. I have a compromise that I think is legal and is fairer, and that is one
that for those providers who already paid the two hundred dollar ($200) permit fee, let's assess them a
reduced processing fee; not let them off the hook completely, because your staff will have work to do.
They still have to gather paperwork and make sure that everything is in order. So let's charge them maybe
45 6/29/00
fifty dollars ($50) as a clerical or ministerial fee to recognize the work that's involved in processing
additional paper. I understand the staff's motivation. They believe they are trying to be fair. They want
to bring Bell under the ordinance, which Bell has not been for over five years. And so it's their feeling in
order to be fair, they have to charge everyone. The result is Bell pays once and my members pay twice.
And I submit to you that is still unfair. I would not want to throw out the whole ordinance because of that,
though. This is a good ordinance. There has been substantial work. In many ways, this can serve as a
model to other communities. And as to the concerns that were raised by — if I could have just a moment to
sum up — by Commissioners Sanchez and Regalado regarding the PSC. The PSC has a workshop coming
up probably this summer, maybe a little bit later, because .of the departure of Chairman Garcia. But it's to
precisely deal with the types of concerns you have raised. They recognize that their regulations need to be
modified so that they can work more cooperatively with the cities.
Vice Chairman Gort: Thank you, ma'am.
Ms. Green: Thank you.
Vice Chairman Gort: Mr. Attorney — Mr. Mayor.
Mayor Carollo: Go ahead.
Vice Chairman Gort: I have a question. Could somebody in the industry tell me more or less each phone,
how many calls will be made a year? Do we have an average that we know? How many calls are made
out of each phone a year? Phone calls.
Ms. Green: Well, if you were to just take a hypothetical —
Vice Chairman Gort: Industry standard, what's the average of phone calls per phone a year?
Ms. Green: Per year?
Lance C. Norris: It's somewhere between 450 and 550 calls per month.
Vice Chairman Gort: Please state in the mike your name and address for the record.
Mr. Norris: I'm Lance Norris. I'm President of the Florida Public Telecommunications Association. And
I just gave you that on a monthly basis, is what the industry average is.
Vice Chairman Gort: Five thousand calls a year?
Mr. Norris: I'm sorry?
Vice Chairman Gort: Five thousand calls a year could be an average?
Mr. Norris: About that.
Vice Chairman Gort: Thirty-five cents (.35) a call?
46 6/29/00
0
Mr. Norris: Well, that's a competitive issue. I notice down here, there's a lot of phones that are twenty-
five cents (.25) for a local call, and there's a fair amount that's thirty-five cents (.35).
Vice Chairman Gort: Well, by law, it's about thirty-five. They can go up to thirty-five cents (.35).
Mr. Norris: Right.
Vice Chairman Gort: Thank you, sir.
Mayor Carollo: Any further statements (inaudible) members of the Commission (inaudible).
Commissioner Regalado: Mr. Chairman.
Mayor Carollo: Go ahead, Commissioner.
Commissioner Regalado: Mr. City Attorney, if we were to reduce the payment for administration
purposes from maybe two hundred to one hundred dollars ($100), can that be done to the people that
already paid?
Mr. Vilarello: You can reduce the application fee —
Commissioner Regalado: The application.
Mr. Vilarello: -- for all individuals. That application fee is designed to cover the cost of processing the
application. So —
Commissioner Regalado: Well, for those who hadn't paid already.
Mr. Vilarello: The purpose of the fee is to cover the processing of the fee, the processing of the particular
application. And processing an application for one entity or another is still the same cost of processing.
Commissioner Regalado: Yeah, but that application has been processed already.
Mr. Vilarello: Each application will be processed as new.
Commissioner Winton: Everyone has to step back to the plate and reapply all over again.
Commissioner Regalado: I understand that.
Mr. Vilarello: You certain can reduce the fee.
Commissioner Regalado: But those people that paid, wouldn't they get some kind of relief? Is it possible
to do it within the ordinance?
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Mr. Vilarello: The problem is the different treatment of exactly the same application, or in other words, a
different charge for exactly the same application.
Commissioner Regalado: So there's no way?
Mr. Vilarello: Other than reducing the entire fee for all applicants.
Mayor Carollo: Let me say this for the record. I certainly could see why the association has made you
their vice president and general counsel. You've been very smooth in your presentation. I compliment
you for it.
Ms. Green: Thank you. It's been a pleasure to work with your staff. And there is, I guess, a difference of
legal opinion on what would be legally permissible. If every application has to be treated exactly the same
in processing, then your City Attorney is absolutely correct. There's no basis that you can charge a
different fee. I was under the impression it would not be necessary to dispatch an inspector out to every
single phone that had already been permitted. I thought that once he had permitted them, and thought they
were all in compliance, he would just be getting paperwork. That is was why I thought it was legally
permissible.
Mr. Rollason: If I may. One of the things we have to do is we will be installing, you know, some kind of
a permit sticker on all the phones that are permitted. So there's going to have — every phone is going to
have to be visited.
Mayor Carollo: Well, I've learned a long time ago that any time you ask two different attorneys for an
opinion, you'll always get at least three or more answers.
Mr. Norris: Yes, sir.
Commissioner Winton: Have we — has this been moved yet?
Mayor Carollo: It has not been moved yet. In fact one —
Commissioner Winton: Move, move the motion.
Mayor Carollo: One of the issues that's outstanding is are we moving 300 feet or 500 feet?
Commissioner Sanchez: Five hundred feet.
Commissioner Winton: Five hundred.
Mayor Carollo: Five hundred feet. OK. So there's a motion by Commissioner Winton.
Commissioner Sanchez: Second. Second.
Mayor Carollo: Second by Commissioner Sanchez to approve this emergency ordinance —
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Commissioner Regalado: Mr. Chairman.
Mayor Carollo: -- with 500 feet per phone. Go ahead, sir.
Commissioner Regalado: Why is it that the 500 feet? I'm still not clear, because what you're going to
have is, you're going to have to cross the street to get to a phone; is that correct?
Mr. Rollason: Not necessarily. What — my own personal view, and that's why I put the 500 feet is that I
personally do not want to see a proliferation of the phones, and a 500 -foot distance cuts down on the
number of the public telephones you're going to have on the public right-of-way. With the 300 -foot
distance, you could theoretically have four phones on one street. You'd have two on one side of the street
and two on the other side of the street. By moving it to 500, you're going to cut down (inaudible).
Commissioner Regalado: So what you want to do is you want to cut down on the number of phones?
Mr. Rollason: Yes, on the public right-of-way, yes, sir. That's my recommendation. But it's a policy
decision that this body will have to make.
Mayor Carollo: Absolutely.
Ada Teruel: Excuse me. My name is Ada Teruel, and I'm with BellSouth. I'd like to have the
opportunity to speak to you.
Mayor Carollo: Go ahead, ma'am.
Ms. Teruel: OK. We're here and we appreciate all the work that has been done, but we do have a concern
on another item on the agenda — I mean on the ordinance, and that is Item Number 4 on Page 6. And this
is concerning the low revenue phones that are located inside buildings and other locations. There is a
large amount of phones today, for instance, at the Orange Bowl and the Convention Center, that are very
low revenue to zero revenue. As of tomorrow, there is no contract. Those phones should be then
removed, because they generate zero revenue. And there's a large amount of expense associated with
each of those phones. As we look at the future, and we read this item, it says that a policy will be set to — I
guess if I read this correctly, they're going to — this policy is going to be set no later than October I", and
it's to — not to exceed one revenue -generating — I'm sorry — per ten generating payphones, revenue -
generating phones, one low revenue phone will have to stay. But in here, it's kind of confusing, because it
says also, or one bank of phones. And before we move forward, we need to also have a clarification as to
what is it that we're going to be doing, and how is this going to be policed, if I may say so. I mean, if
that's the right term. How is it that every company that has ten phones on the outside or revenue -
generating phones is going to be policed to have so many low revenue phones out in the public way or in
the private way? And with that, that opens another can. If we have to provide low revenue phones out in
the public way, are we going to be exempt for an application and a permit? Because here is a three
hundred and fifty dollar ($350) additional expense for a phone that will generate zero revenue. So those
are the concerns that we have today.
Ms. Buza: Elaine Buza, Telecommunications Administrator. This was a very weighty issue that we tried
to deal with, with all of the sides involved in this. We recognize that there are many public facilities that
49 6/29/00
do not have revenue -generating phones. We looked at a number of scenarios of continuing to provide
these, because they do need to be provided for the general public welfare. We don't want somebody in a
public facility and not be able to place an emergency call. In looking at the number of phones in City -
owned and operated facilities that we have today, we feel it's reasonable to require one of those phones be
put in place, either one or a bank -- and a bank is limited to two phones, back to back or side to side – to
require them to put phones in City -owned and operated facilities. We felt this maintained a requisite
number of pay telephones in City -owned and operated facilities, did not cost the City any additional,
because today, we're in a situation where we would have to pay for the installation and for the monthly
charges on these phones. And we didn't want to do that. We wanted to have it at no cost to the City. So
we thought this was a fair way of providing them. If -- in the application process, every provider is
provided with the opportunity of being able to decide whether they want to retain or not retain phones that
they have currently permitted. We have a schedule of events in the ordinance by which key dates – first of
all, we've asked each provider to give the City in writing a statement of all the phones they have permitted
today, which ones do they want to retain. This gives them an opportunity to not permit in the new
structure any phones that they don't wish to, because they may feel they're low revenue-producing or
whatever. But that's an individual decision. Another provider may feel that that is a – that's a position
that they would like. They would like that location for some reason. So what we're doing is we're trying
to look to see who wants to permit the existing permitted phones, get that pool of phones permitted.
Whatever remains as far as existing locations or new locations would be dealt with after October 1St, once
we've permitted all the phones in the rights-of-way, once we've established the one phone per ten
permitted phones for City -owned and operated facilities. Then we'd see on October 1St or after October 1St
what additional phones need to be permitted, or locations would be available to be permitted, and then will
be assigned on a first come, first served basis. You know, we believe that while BellSouth may not feel
that a particular location that they have today is desirable on a continuing basis, another provider may not
feel that way, and they may wish to permit that location. So we believe that that's going to be the
outcome of this. And we feel we've handled it in the most equitable way.
Commissioner Regalado: You really think that there are companies who would want to place phones in
facilities where they don't make money?
Ms. Buza: Well, if they're City -owned and operated facilities, they're obligated by the ordinance to place
one phone in a City -owned and operated facility. And that's up to the choice of the City what facility that
is. You know, we felt that was equitable. It's only one public phone in a City facility per ten permitted.
So that allows them a significant amount of revenue. And then they have to provide the obligation of one
phone in the City -owned and operated facility.
Commissioner Regalado: Are you going to charge them for that phone, too? Are you going to charge a
permit fee?
Ms. Buza: No.
Commissioner Regalado: No? So any phone placed on a City facility will not have to pay the two
hundred dollar ($200)—
Ms. Buza: This ordinance is to permit phones on the public rights-of-way.
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Commissioner Regalado: I know. But I'm talking Orange Bowl, Knight Center, parks.
Ms. Buza: Mm-hmm.
Commissioner Regalado: Do they have to pay, also?
Ms. Buza: We will obligate them to put the phone there, but I don't believe it's our intention to require
them to pay the permitting fee.
Commissioner Regalado: So if they don't have to pay, it's OK, I mean, for them, for any company,
whether it's low revenue or high revenue. OK.
Ms. Teruel: Our biggest concern comes back to the procedure. How is this procedure going to be
implemented to make sure that we are all in the same playing field? You know, we do have that concern.
Commissioner Winton: Well, which procedure are you talking about? The one to ten?
Ms. Teruel: Right, exactly.
Commissioner Winton: So how — in the application process, aren't you going to determine it right up
front, in the application process?
Ms. Buza: Yeah. During the permitting process, we intend to establish that and work with the provider
on what location the City is going to require them to put the phone in, and that we'll work out any
particulars during the permitting process. You know, we recognize —
Commissioner Winton: So you don't get your permits unless you've agreed to the one to ten.
Ms. Buza: Right.
Mayor Carollo: OK. Let me ask if there is anyone else that would like to address this body on this
particular issue right now. Do you have any further questions, ma'am?
Ms. Teruel: No.
Mayor Carollo: Ms. Green, do you have any further questions?
Ms. Green: I'll just take one moment, please. Thank you. I appreciate this opportunity to get back one
more time, because the 500 feet is something that has come to us out of the blue. We have sat at the table
in good faith for months, months and months. I have exchanged no less than I'd say 25 versions of this
ordinance with your staff, and I have never seen 500 feet. I submit to you we have not had a proliferation
problem. It's not been an issue. The phones that are out there will be grandfathered, and let's give this
new ordinance a chance to work. We've solved the other problems that we've had with it, and we'd like
to just take what we've agreed to in good faith and go with it.
Commissioner Winton: Mr. Chairman.
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Mayor Carollo: OK. Well, hold on, Commissioner, because I just want to say we have closed the public
hearing part so that the Commission can discuss.
Ms. Green: But as far as the ten to one, my organization commits to you. I personally commit to you; we
will work with your staff. Your locations will not go unserved.
Mayor Carollo: OK. Thank you. No one else that wants to address this body? OK. Then the public
hearing portion of this item is now closed.
Commissioner Sanchez: You have a question.
Mayor Carollo: Commissioner Winton.
Commissioner Winton: Well, I think I was the maker of the motion, and I included in the motion a 500 -
foot requirement as opposed to 300 feet. And I am a big believer in this partnership effort. And I was real
happy to hear that the industry was working hand in hand with the Administration to get a comprehensive
package. And while emotionally and practically, I love the idea of 500 feet as opposed to 300 feet, I'm
going to withdraw the motion on the 500 -foot distance requirement at this time, because it wasn't part of
the original deal. And I think if we want the 500 feet, we ought to go back to the table with the industry. I
love the idea that we have this real partnership working here and everybody working together. So I'm
going to withdraw the 500 -foot part.
Mayor Carollo: That's a non -emotional withdrawal, right?
Commissioner Winton: That's a non -emotional withdrawal.
Mayor Carollo: For the record, staff, Elaine, could you state for the record the confirmation of what
Commissioner Winton stated that Ms. Green expressed on behalf of the industry?
Ms. Buza: Certainly. Elaine Buza, Telecommunications Administrator. Throughout our negotiations
over the past several years that this has been ongoing, we have been talking about the 300 -foot limit,
because it's in conjunction with the size of a City block. You know, it's certainly up to the Commission
to make whatever changes they wish to, to the ordinance. But she is correct; it's only been recently that
the 500 feet really rose as a discussion item.
Mayor Carollo: Mr. Manager, what do you recommend, sir?
Carlos Gimenez (City Manager): Yes, sir. The recent — it's been only recently, because I've been
recently the City Manager.
Mayor Carollo: That's a very good reason.
Mr. Gimenez: You know, the first time I heard about this, I was briefed on this, and I felt that 500 foot
was better. The 500 feet does not affect the pay telephones that are currently permitted. This would be
only for newly permitted telephones. Any additional phones would have the 500 -foot limit.
52 6/29/00
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Vice Chairman Gort: In other words, the existing phones would be grandfathered in. The permits have
already been issued, and they'd be grandfathered in and would not be affected. This is for newly, you're
talking.
Commissioner Sanchez: Johnny just withdrew this.
Commissioner Regalado: Mr. Chairman.
Commissioner Sanchez: (Inaudible) withdrew the fee?
Mayor Carollo: He withdrew the 500, which means that we don't have a motion in hand now.
Commissioner Sanchez: No. Motion to move forward with the 500 feet.
Mayor Carollo: OK. There's a motion to move forward with the 500 feet.
Vice Chairman Gort: Second.
Mayor Carollo: It's been seconded by Commissioner Gort. And the clarification to that motion is that the
present phones are grandfathered in.
Commissioner Sanchez: Grandfathered in.
Mayor Carollo: It would apply to all the new phones. Any further discussion? Commissioner Winton?
Commissioner Teele: And the Manager is comfortable, I mean. What was your original
recommendation?
Mr. Gimenez: The original recommendation as when I was briefed was 300 feet. And when I heard that,
then I directed them to put a 500 -foot, because I felt that we did not need a proliferation of more phones.
However, the phones that are already there would be grandfathered in. This just stops the proliferation of
more phones along — more phones along the public right-of-way. So my recommendation is the 500 feet
with the understanding that the ones that are already permitted are grandfathered in.
Commissioner Teele: And Commissioner Winton, you don't have a problem with that? Or you —
Commissioner Winton: Well, I feel a lot better that they're grandfathered in. I still maintain that we're all
better serviced if there had been negotiation with the industry ahead of time on that. And I apologize for
that, and we'll do a better job in this. You know, the relationship seems to me to be a good one, and we
want to maintain that.
Commissioner Teele: Thank you, Mr. Chairman.
Commissioner Regalado: One final thought. You know, I don't care if it's 300 or 500. But I really think
that Commissioner Winton is right. You know, we are sending the wrong message to the people that want
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to do business in the City of Miami. You know, you come and then they change the rules. You talk for
months, and they change the rules on you at the last minute. And usually, the Commission follows the
Administration's recommendation. And so they leave with the bad taste that we stabbed them in the back.
And so for that reason, I'm voting "no" on this ordinance, because I think that if you all agreed with them
on 300 feet and now you're coming back with 500, or 600, or 700, whatever, it doesn't matter. And so
you all are going to have your ordinance, but I think it's a wrong message to send to the people that want
to do business with the City of Miami.
Commissioner Winton: Commissioner Regalado, thank you. I should have been thinking. That's exactly
right, and I missed that key little major point there. So thank you.
Mayor Carollo: All right.
Vice Chairman Gort: I think that — I'd like to make a comment. I think it's very important to understand
that we've had a new change in management, and let's face it; we've had a lot of reports. And I agree
with the industry. I think it's a great industry, and communications is something that we need, especially
in certain neighborhoods. But at the same time, the reason I don't have any problem is, because we are
grandfathering already the existing permits. My understanding is we have within the City of Miami
already 1200 phones, 1200 phones installed within the City of Miami already. I don't know how many
are illegal that can add to those 1200 phones. So I don't know how many more phones they can put in.
So if we don't put certain limits to it, we can have them all over the place. And this is something we need
to avoid.
Mayor Carollo: All right. I'll call the question now. Mr. Clerk -- can the ordinance be read? And then
you call the roll on this one.
NOTE FOR THE RECORD: The City Attorney read the pending ordinance into the public record,
by title only.
Commissioner Teele: Mr. Chairman, why is this an emergency?
Mr. Vilarello: Mr. Chairman?
Mayor Carollo: They have it as an emergency ordinance, Commissioner. I will stop the vote.
Technically, we're not supposed to do this by the rules that we're playing by, but I will stop the vote right
now, because I think it's important. I think it's important that the question be answered so that we could
get a 4/5ths vote.
Commissioner Teele: They're going to lose. I'm just trying to save --
Mayor Carollo: That is a good question. Why is it an emergency ordinance?
Mr. Vilarello: This is before you as an emergency based on the flat tax, which is coming in July 1st
We're trying to establish our revenue stream before July 1st, which will be implicated by the enactment of
the flat tax, which comes in and it becomes effective on July 1st
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Commissioner Winton: There's your answer.
Mayor Carollo: OK.
Mr. Vilarello: Mr. Mayor, in addition to being before you as an emergency basis, it was also advertised,
which is more than is necessary. It was also advertised in a newspaper of general circulation in the City
prior to this coming before the City Commission.
Mayor Carollo: OK. Call the roll, please.
Walter Foeman (City Clerk): Roll call. Commissioner Sanchez.
Commissioner Sanchez: Yes, sir.
Mr. Foeman: Vice Chairman Gort.
Vice Chairman Gort: Yes.
Mr. Foeman: Commissioner Winton.
Commissioner Winton: No.
Mr. Foeman: Commissioner Regalado.
Commissioner Regalado: No.
Mr. Foeman: Commissioner Teele.
Commissioner Teele: Yes. I tried to help you. Somebody should have said (inaudible).
Commissioner Winton: Mr. Chairman.
Mayor Carollo: Yes, sir.
Commissioner Winton: Could I submit a new motion?
Mayor Carollo: You certainly can at this point in time.
Commissioner Winton: New motion is to accept the — accept this new ordinance with the provision that
the separation between phones be 300 feet as opposed to 500 feet.
Mayor Carollo: OK. There's a new motion.
Commissioner Regalado: I'll second it.
Mayor Carollo: It's been seconded.
55 6/29/00
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Commissioner Winton: And the reason that I'm doing it is exactly what Commissioner Regalado said.
It's a small little thing, but these are businesspeople from around the United States. I think that this
Commission has done an outstanding job in sending great signals to the business community certainly
since I've been on the Commission. So you all are to be commended. This is a little thing, but it's a big
thing. It is, I think, the wrong — even though it's little; the deal was negotiated with the industry. There
was an agreement. Now, in the future, we don't want people coming to the table worried, like in the good
old days when agreements were reached between staff and the industry, and they get to the Commission
and the whole deal gets turned upside-down. And I don't think we want to start that precedent here. I
think that you all have done a really, really good job for a long time here in solving that problem. And
this kind of opens that door again, as small as it may sound. It reopens that door. That's the reason I'm
voting to — submitting this new resolution.
Mayor Carollo: There's been a duly placed motion and it's been seconded. It's open for discussion now.
Mr. City Attorney, in case this motion fails, what would your best suggestion be in passing it on a first
reading then and taking it up at a second reading before July 1St? Can we call an emergency —
Mr. Vilarello: The problem, Mr. Mayor, is you won't be able to have a second reading before July 1" and
meet our advertising requirements, and that's why it's before you on an emergency basis --
Mayor Carollo: That's what I was afraid of.
Mr. Vilarello: -- to diffuse those advertising issues.
Mayor Carollo: OK. All right. There's a motion and there's a second. You read it before. The only
exception is the item that the Commissioner placed.
Mr. Vilarello: The change in the motion does not affect the reading of the caption.
Mayor Carollo: Right. Can you call the roll?
Mr. Foeman: Roll call. Commissioner Winton.
Commissioner Winton: Yes.
Mr. Foeman: Commissioner Regalado.
Commissioner Regalado: Yes.
Mr. Foeman: Commissioner Teele.
Commissioner Teele: Yes, sir.
Mr. Foeman: Commissioner Sanchez.
Commissioner Sanchez: No.
56 6/29/00
Mr. Foeman: Vice Chairman Gort.
Vice Chairman Gort: No. And the reason I voted no, I understand what Winton is saying, but at the same
time, we need to protect our City. And I think it's a great industry, and I've worked with the industry
before. But at the same time, within my neighborhood, within my district, I have a lot of those phones.
They're really blocking some of the sidewalks, and there's just too many of them at the time. And we've
seen some activity take place around these phones that I don't care for it. And the main thing is, we're
grandfathering in the already existing phones, which is 1200. For that reason, I vote no.
Mayor Carollo: If I could go back to the maker of this motion, see if he would reconsider then going back
to the original motion. Otherwise, I guess I'll have to quote one of the old "Abbott and Costello" movies,
"Who's on first? Who's on second?"
Mr. Gimenez: Mr. Mayor.
Mayor Carollo: Yes, sir.
Mr. Gimenez: To the Administration, it's more important that we pass the ordinance. The three or the
five hundred feet, that was a philosophical issue, and it's more important that we pass the ordinance.
Mayor Carollo: Well, I understand that. That's why I'm going back and trying to see if —
Commissioner Sanchez: Mr. Mayor, if I may. I'd like to stipulate to what Commissioner Gort said. We
tend to have the same concerns for our communities. So I would move that the 300 feet — move the
motion with the 300 feet and the -- grandfather the existing phones.
Vice Chairman Gort: Move it.
Commissioner Winton: What was that?
Commissioner Sanchez: Yeah. Wasn't it grandfather the —
Mayor Carollo: Yeah. The existing phones are grandfathered at 300.
Commissioner Sanchez: Move the motion with 300 feet.
Mayor Carollo: So you're —
Vice Chairman Gort: Then you don't need to grandfather. That's —
Mayor Carollo: What you're saying is you're making a motion—
Commissioner Sanchez: No, I'm sorry, I'm sorry. The 500 feet. I'm sorry. The 500 feet. I'm — no, no,
no. Move the motion with the 500 feet.
57 6/29/00
Mayor Carollo: With the existing phones grandfathered at the 300 feet.
Commissioner Sanchez: Right.
Vice Chairman Gort: Second.
Mayor Carollo: The motion has been made. It's been seconded. Can you call the roll?
An Ordinance entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 54, ARTICLE XI OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "STREETS AND SIDEWALKS, USE OF THE PUBLIC
RIGHTS-OF-WAY FOR INSTALLATION OF PAY TELEPHONES,"
TO PROVIDE FOR UNIFORM PROCEDURES RELATING TO THE
GRANTING OF PERMITS FOR THE CONSTRUCTION,
INSTALLATION, OPERATION AND MAINTENANCE OF PAY
TELEPHONES IN THE CITY'S PUBLIC RIGHTS-OF-WAY, TO
ENSURE CONFORMANCE WITH THE POLICIES AND
PROCEDURES OF THE FLORIDA PUBLIC SERVICE COMMISSION
("PSC") AS IT RELATES TO PAY TELEPHONES, TO PROVIDE FOR
THE REVOCATION OF PAY TELEPHONE PERMITS FOR
NONCONFORMANCE WITH THIS ORDINANCE, AND TO
PROVIDE FOR UNIFORM COMPENSATION FOR THE COST OF
REGULATION AND ADMINISTRATION OF THE PROVISIONS
CONTAINED IN THIS ORDINANCE; MORE PARTICULARLY, BY
AMENDING SECTIONS 54-411 THROUGH 54-429; CONTAINING A
REPEALER PROVISION, AND A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
58 6/29/00
•
was introduced by Commissioner Sanchez and seconded by Vice Chairman Gort, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: Commissioner Tomas Regalado
ABSENT: None
Whereupon, the Commission on motion of Commissioner Sanchez and seconded by Vice Chairman Gort,
adopted said ordinance by the following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: Commissioner Tomas Regalado
ABSENT: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11937.
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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Winton: You know, you guys put me in a terrible box here. To the industry, I think that
there are enough of us here; we're going to work hard to make sure these kinds of things don't happen in
the future. In the future, I probably won't change my vote. I'll just sit here and let the thing wait for six
months if I have to. But I'm not going to do it this go around. But I do want my fellow Commissioners to
know that I won't budge the next time. I think that we cannot negotiate this way. I don't care. I don't
care what the reason is; it's the wrong thing for us to do. That ought to have been debated by the industry
and the staff ahead of time so that at least everyone came in knowing. They may have a disagreement, but
they ought to come in here knowing there's that disagreement, not us as a Commission changing the deal
at the last minute. But I'm going to fall and go —
Vice Chairman Gort: Johnny, Johnny, let me — this documentation comes out and I had this for a whole
week where it states that the changing from 300 to 500 was going to take place. And I'm sure the industry
59 6/29/00
got a copy of what's in front of us. The industry was aware of this about a week ago at the same time that
we received this. So the industry had the opportunity to come to us —
Commissioner Winton: Is that right?
Vice Chairman Gort: -- because they've always done that. They could have come to us and they could
have talked to us, and they could have told us how they felt about this.
Commissioner Winton: Could we clarify that?
Mayor Carollo: I apologize. The public hearing is over at this point in time. I'm sorry.
Ms. Green: I'm sorry. I thought I was asked a question.
Commissioner Winton: Can you shake "yes" or "no"?
Ms. Green: No, it's not (inaudible).
Commissioner Winton: Thank you. So they didn't know. And — but anyhow, I'm voting —
Vice Chairman Gort: Let's hear from staff (inaudible).
Commissioner Regalado: Excuse me. We've got an E-mail yesterday asking for the 500 or 300.
Mayor Carollo: Gentlemen, you know, we're in the midst of a vote. And I bent the rules before to try to
get a vote on this.
Commissioner Winton: My vote is yes.
Mr. Foeman: Continuing roll call. Commissioner Regalado.
Commissioner Regalado: No.
Mr. Foeman: Commissioner Teele.
Commissioner Teele: Yes.
Mr. Foeman: Second —
Commissioner Winton: What was Commissioner Teele?
Mr. Foeman: He voted "yes."
Mayor Carollo: He voted "yes."
COMMENTS MADE AFTER ROLL CALL:
60 6/29/00
0
Mayor Carollo: OK, it passes. And I apologize to those present that we deviated from the procedures that
we should follow where if there was discussion in the midst of a vote, it's not allowed. But I felt it was
important enough to try to get a consensus on either 300 or 500, and hopefully, we would abide by it in the
future. Thank you.
Ms. Green: Thank you all.
Mr. Gimenez: Mr. Mayor.
Mayor Carollo: Thank you very much.
Mr. Gimenez: Mr. Mayor.
Mayor Carollo: Yes.
Mr. Gimenez: I want to clarify that I advised staff to let the industry know of the change, and staff is
telling me that they did.
Mayor Carollo: Well —
Ms. Green: (Inaudible Comments).
Mayor Carollo: OK. We're —
Commissioner Winton: Thank you again for coming down from Tallahassee, ma'am.
Ms. Green: Thank you.
Commissioner Winton: Thank you.
61 6/29/00
14. SECOND READING ORDINANCE: AMEND SECTION 54-190 OF THE CITY CODE
"STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS," TO
MODIFY WIDTH OF CERTAIN STREETS, AVENUES AND PLACE IN OVERTOWN
COMMUNITY.
Mayor Carollo: We're now in Item Number 9, a second reading ordinance.
Vice Chairman Gort: Move it.
John Jackson (Director, Public Works): Mayor and Commissioners —
Commissioner Sanchez: Wait, wait, wait a minute.
Commissioner Teele: So move, Mr. Chairman.
Mayor Carollo: OK. Who made the motion?
Commissioner Teele: Teele.
Mayor Carollo: OK.
Commissioner Winton: Second.
Mayor Carollo: OK. Commissioner Teele made the motion, seconded by Commissioner Winton. OK.
You need to make any statements, Mr. Jackson?
Mr. Jackson: No. I was just on the previous item, because the pay telephones are administered by Public
Works.
Commissioner Sanchez: No, it's over with.
Commissioner Teele: Leave that alone.
Mayor Carollo: That's over, please. We've spent enough time on that right now. That's over. OK. Can
the ordinance be read, Mr. Attorney?
NOTE FOR THE RECORD: The City Attorney read the pending ordinance into the public record
by title only.
Mayor Carollo: OK. Call the roll, please.
62 6/29/00
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 54/ARTICLE V/SECTION 540-190 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS
AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD
STREET WIDTHS," TO MODIFY THE WIDTH OF CERTAIN
STREETS, AVENUES AND PLACES IN THE OVERTOWN
COMMUNITY, MIAMI FLORIDA; 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 June 8, 2000, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner
Winton, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11938.
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.
Mayor Carollo: OK, it passes.
63 6/29/00
•
15. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 11912 WHICH
ESTABLISHED A SPECIAL REVENUE FUND "MIAMI -DADS COUNTY EMS GRANT AWARD
(FY 99-00)" BY INCREASING SAID APPROPRIATION TO INCLUDE $120,000 CARRYOVER
FUNDS, FOR TOTAL ALLOCATION OF $236,857.10, FOR DEPARTMENT OF FIRE -RESCUE:
EMS EQUIPMENT, $70,857.10;, RISK WATCH PROGRAM, $58,000; CONFERENCES AND
SEMINARS, $31,000; AND STATION ALERTING UPGRADE, $77,000.
Mayor Carollo: We're in Item Number 10, first reading ordinance.
Commissioner Sanchez: So move.
Commissioner Teele: Second.
Mayor Carollo: It's been moved by Commissioner Sanchez, seconded by Commissioner Teele. Would
you read the ordinance?
NOTE FOR THE RECORD: The City Attorney read the pending ordinance into the public
record by title only.
Mayor Carollo: Call the roll, please, on first reading.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11912 WHICH ESTABLISHED AND
APPROPRIATED FUNDS FOR A NEW SPECIAL REVENUE FUND
ENTITLED: "MIAMI-DADE COUNTY EMS GRANT AWARD (FY 99-
00)" BY INCREASING SAID APPROPRIATION TO INCLUDE THE
AMOUNT OF $120,000 CARRYOVER FUNDS, FOR A TOTAL
ALLOCATION OF $236,857.10, FOR THE DEPARTMENT OF FIRE -
RESCUE TO BE ALLOCATED AS FOLLOWS: EMS EQUIPMENT,
$70,857.10; RISK WATCH PROGRAM, $85,000; CONFERENCES
AND SEMINARS, $31,000; AND STATION ALERTING UPGRADE,
$77,000.
64 6/29/00
•
0
was introduced by Commissioner Sanchez, seconded by Commissioner Teele, and was passed on first
reading by title only, by the following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Mayor Carollo: OK. It passes unanimously.
65 6/29/00
• 0
16. FIRST READING ORDINANCE: AMEND SECTION 2-33 BY ADDING NEW SUBSECTION
(f) AND RELETTERING EXISTING SUBSECTIONS 2-33 (f) THROUGH (k) OF THE CITY CODE
"ADMINISTRATION/CITY COMMISSION/ORDER OF BUSINESS AND RULES OF
PROCEDURE," TO PROVIDE THE FOLLOWING BE POSTED ON THE INTERNET: (1) CITY
COMMISSION AGENDA WITH AGENDA'S DISTRIBUTION, (2) SUPPLEMENTAL AGENDA
AND INFORMATION RELATED TO UPCOMING AGENDA WITH ITS DISTRIBUTION, AND (3)
CITY CLERK'S REPORT AFTER RELEASE OF SAME BY THE CITY CLERK AFTER A CITY
COMMISSION MEETING.
Mayor Carollo: Item Number 11, first reading ordinance.
Commissioner Sanchez: So move.
Commissioner Winton: Second.
Mayor Carollo: Moved by Commissioner Sanchez, seconded by Commissioner Winton. Read the
ordinance.
NOTE FOR THE RECORD: The City Attorney read the pending ordinance into the public record
by title only.
Commissioner Teele: Mr. Mayor.
Mayor Carollo: Go ahead.
Commissioner Teele: The last — in the budget hearing last year, we asked that this be done. I want to
commend the Manager and the Attorney. I think, you know, this is consistent with where the State is
going. And we really need to work to make this information available to the public. A lot of the
misinformation about items that are late that may not be on the Agenda I think will be clarified. So this is
very important, and Mr. Mayor, I really hope you'll monitor this with us, as well.
Mayor Carollo: OK. Thank you.
Commissioner Sanchez: However, this should not substitute the five-day rule.
Commissioner Teele: It does not.
Mayor Carollo: No.
Commissioner Sanchez: I'm just kidding.
Mayor Carollo: Call the roll, please.
66 6/29/00
•
An Ordinance entitled —
0
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE II OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ADMINISTRATION/CITY COMMISSION/ORDER OF
BUSINESS AND RULES OF PROCEDURE," TO PROVIDE THAT
THE FOLLOWING BE POSTED ON THE INTERNET: (1) THE CITY
COMMISSION AGENDA SIMULTANEOUS WITH THE AGENDA'S
DISTRIBUTION, (2) THE SUPPLEMENTAL AGENDA AND ANY
INFORMATION RELATED TO THE UPCOMING AGENDA
SIMULTANEOUS WITH ITS DISTRIBUTION, AND (3) THE CITY
CLERK'S REPORT AND ANNOTATIONS TO THE AGENDA
IMMEDIATELY AFTER RELEASE OF SAME BY THE CITY CLERK
AFTER A CITY COMMISSION MEETING; MORE PARTICULARLY,
BY AMENDING SECTION 2-33 BY ADDING NEW SUBSECTION (f)
AND RELETTERING EXISTING SUBSECTIONS 2-33 (f) THROUGH
(k) OF THE CODE; CONTAINING A REPEALER PROVISION, 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: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Mayor Carollo: It passes unanimously. I hope you do have enough personnel to handle this, Walter, in
your office.
Walter J. Foeman (City Clerk): I believe the website issue is done through IT (Information Technology).
Mayor Carollo: IT. But still, you work with them on this, correct?
Mr. Foeman: Yes, we work with them.
Commissioner Teele: Just taking a disc and putting it on.
Aldo Stancato: We have a — Aldo Stancato, Information Technology. We have a process where either the
City Clerk or the —
67 6/29/00
Vice Chairman Gort: You are?
Mr. Stancato: Aldo Stancato, Information Technology. — where either the City Clerk or the Agenda
Office can automatically put their pages on the web page with a three-step process.
Commissioner Teele: That's great.
Mayor Carollo: Thank you.
68 6/29/00
•
9
17. AUTHORIZE MANAGER TO EXECUTE PERMIT AGREEMENT BETWEEN CITY AND
MIAMI-DADE COUNTY FOR USE OF 1,200 SQUARE FEET OF OFFICE SPACE FOR OFFICE OF
WORKFORCE DEVELOPMENT AT GROSS RATE OF $9.50 PER SQUARE FOOT, FOR
MONTHLY COST OF $950.00.
Mayor Carollo: Item Number 12 is a resolution.
Commissioner Winton: Move it.
Mayor Carollo: It's been moved.
Vice Chairman Gort: Second.
Mayor Carollo: Moved by Commissioner Winton, seconded by Commissioner Gort.
Commissioner Sanchez: Just for discussion, can you provide the Commission or myself what the
Workforce Development Office, how many employments they've done, and an update of what they've
done in the last year?
Lori Billberry (Director, Asset Management): I would have to defer to CD (Community Development).
Carlos Gimenez (City Manager): We'll do that.
Commissioner Sanchez: Thank you.
Mayor Carollo: All in favor —
Commissioner Sanchez: It's a resolution.
Mayor Carollo: It's a resolution. OK. Are we waiting for somebody to —
Commissioner Sanchez: No, no, no.
Mayor Carollo: OK.
Commissioner Sanchez: They're going to provide — Mr. City Manager, you will provide it?
Mr. Gimenez: Yes.
Mayor Carollo: OK. Thank you. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
69 6/29/00
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-536
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE A PERMIT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY
FOR THE USE OF 1,200 SQUARE FEET OF OFFICE SPACE
LOCATED AT 3750 SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA,
FOR THE OFFICE OF WORKFORCE DEVELOPMENT FOR AN
INITIAL TERM OF ONE (1) YEAR, UNDER THE TERMS AND
CONDITIONS MORE PARTICULARLY SET FORTH IN SAID
AGREEMENT; AT A GROSS RATE OF $9.50 PER SQUARE FOOT,
FOR A MONTHLY COST OF $950; PROVIDING FOR THE
EXTENSION OF THIS AGREEMENT FOR ONE (1) YEAR, SUBJECT
TO THE SAME TERMS AND CONDITIONS AND THE
AVAILABILITY OF FUNDS; ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NOS. 184092.454.014.620,
184094.454.015.620 AND 184094.454.019.620.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
70 6/29/00
C
'18. AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 1 TO SUBLEASE
AGREEMENT BETWEEN CITY AND ALL DADE TRAFFIC SCHOOL, FOR USE OF OFFICE
SPACE FOR FLAGAMI NEIGHBORHOOD ENHANCEMENT TEAM SERVICE CENTER AND
MINI POLICE SUB -STATION OFFICES.
Mayor Carollo: Item 13.
Vice Chairman Gort: Move it.
Mayor Carollo: Moved by Commissioner Gort.
Lori Bilberry (Director, Asset Management): I would ask for one amendment to this. The underlying
lease had been assigned to All Florida Driver Improvement School Central, Inc., so that is the name of the
entity that we are now dealing with.
Commissioner Winton: Second.
Vice Chairman Gort: (Inaudible) weren't changed or anything.
Ms. Bilberry: No.
Vice Chairman Gort: OK.
Mayor Carollo: OK.
Commissioner Winton: Second.
Mayor Carollo: It's been duly moved by Commissioner Gort, seconded by Commissioner Winton. All in
favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
71 6/29/00
The following resolution was introduced by Vice Chairman Gort, who moved for its adoption:
RESOLUTION NO. 00-537
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHEMT (S), AUTHORIZING THE CIY MANAGER TO
EXECUTE AMENDMENT NO. 1 TO THE SUBLEASE AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY AND ALL FLORIDA TRAFFIC SCHOOL, FOR THE USE OF
OFFICE SPACE AT 3802 NORTWEST 11TH STREET, MIAMI,
FLORIDA, FOR THE FLAGAMI NEIGHBORHOOD ENHANCEMENT
TEAM SERVICE CENTER AND MINI POLICE SUB -STATION
OFFICES, TO PROVIDE FOR: 1) AN EXTENSION OF THE TERM OF
THE SUBLEASE FOR THREE (3) YEARS COMMENCING JULY 1,
2000, AT AN ANNUAL FEE OF $1.00; 2) REIMBURSEMENT TO ALL
FLORIDA TRAFFIC SCHOOL IN THE AMOUNT OF $225.00 PER
MONTH FOR THE COST OF ELECTRIC AND WATER UTILITIES;
AND 3) THE EXPANSION OF THE RENTAL PREMISES FROM 1,354
SQUARE FEET TO 1,594 SQUARE FEET, WITH TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE
SUBLEASE AGREEMENT; FURTHER ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 145001.251113.620.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Winton, the resolution was passed and adopted by the following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
72 6/29/00
19. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE RENOVATIONS AND
REPAIRS TO MANUEL ARTIME COMMUNITY CENTER BUILDINGS AND THEATER, FOR
DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, $185,000,
ALLOCATING FUNDS FROM GRANT AWARDED BY MIAMI-DADE COUNTY CULTURAL
AFFAIRS COUNCIL, $145,000, AND $40,000 FROM FY 2000 CAPITAL IMPROVEMENT
PROJECT.
Mayor Carollo: Fourteen.
Commissioner Sanchez: So move.
Mayor Carollo: OK.
Commissioner Winton: Second.
Vice Chairman Gort: Second.
Mayor Carollo: OK. It's been moved by Commissioner Sanchez, seconded by Commissioner Gort.
Christina, would you like to make any statements on it?
Christina Abrams (Director, Public Facilities): No, thank you.
Mayor Carollo: OK. Hearing no further questions, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
73 6/29/00
• 9
The following resolution was introduced by Commissioner Sanchez who moved for its adoption:
RESOLUTION NO. 000-538
A RESOLUTION BY THE MIAMI CITY COMMISSION, BY A FOUR
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVING RENOVATIONS
AND REPAIRS TO THE MANUEL ARTIME COMMUNITY CENTER
BUILDINGS AND THEATER, FOR THE DEPARTMENT OF
CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, IN AN
AMOUNT NOT TO EXCEED $185,000, ALLOCATING FUNDS
THEREFOR FROM A GRANT AWARDED BY THE MIAMI-DADE
COUNTY CULTURAL AFFAIRS COUNCIL, $145,000 AND THE
AMOUNT OF $40,000 FROM FY 2000 CAPITAL IMPROVEMENT
PROJECT NO. 322060; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
74 6/29/00
20. TABLE: CONSIDERATION OF PROPOSED APPROVAL OF REPAIRS TO COOLING
TOWER AT MIAMI CONVENTION CENTER FROM MIDDLETON & ASSOCIATES, AND TRANE
AND COMPANY (See #32)
Mayor Carollo: Item 15.
Commissioner Teele: Mr. Chairman.
Mayor Carollo: Yes.
Commissioner Teele: Could we temporarily pass this one and — I mean come back to this one?
Mayor Carollo: Come back to this one?
Commissioner Teele: Yeah, just a little bit.
Mayor Carollo: OK, All right.
Vice Chairman Gort: Mr. Chairman, Mr. Mayor, I'd like to ask you a question. Maybe you can come
back. If you recall, we approved the building for — built by FP&L (Florida Power and Light), they were
supposed to be providing. With these new services, we would not need to have our own towers. And I
don't know if the feasibility of this — this is for the air conditioning tower already being done.
Commissioner Winton: It's FP&L's new central cooling plant.
Vice Chairman Gort: Central plant. Well, this is being done already, this (unintelligible).
Christina Abrams (Director, Public Facilities): Yeah. This is to repair the —
Vice Chairman Gort: OK, never mind.
75 6/29/00
21. AUTHORIZE INCREASE IN ANNUAL CONTRACT AMOUNT WITH LAW
ENFORCEMENT SUPPLY CO_, INC., $143,211.14; FROM $389,229 TO $532,440.14 FOR
PROVISION OF POLICE VEHICLE EMERGENCY EQUIPMENT, UTILIZING EXISTING CITY OF
MIAMI BEACH BID FOR DEPARTMENT OF GENERAL SERVICESADMINISTRATION, TO BE
UTILIZED BY POLICE DEPARTMENT; ALLOCATING FUNDS FROM LAW ENFORCEMENT
BLOCK III GRANT.
Commissioner Teele: Item 16, I move it, Mr. Chairman.
Mayor Carollo: OK. Item 16 is a resolution authorizing an increase in the annual contract.
Commissioner Winton: Second.
Mayor Carollo: It's been moved by Commissioner Teele, seconded by Commissioner Gort.
Maj. Joseph Longueira (Police -Support Services): Mr. Mayor.
Mayor Carollo: Go ahead.
Maj. Longueira: We have a correction we'd like to make. We got two —
Mayor Carollo: Please identify yourself.
Maj. Longueira: Major Longueira, Miami Police Department.
Mayor Carollo: Thank you.
Maj. Longueira: We have received two vehicles recently. We need to equip those, and we want to
increase the amounts to not to exceed a hundred and forty-three thousand, two hundred and eleven dollars
and fourteen cents ($143,211.14), for a total amount of five thirty-two, four forty, fourteen. Same funding
source.
Commissioner Teele: So move, Mr. Chairman, as corrected in the record.
Commissioner Winton: Second.
Mayor Carollo: It's been moved; it's been seconded. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
76 6/29/00
0
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-539
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE IN THE ANNUAL CONTRACT
AMOUNT WITH LAW ENFORCEMENT SUPPLY CO., INC., IN AN
ANNUAL AMOUNT NOT TO EXCEED $143,211.14; TO INCREASE
THE TOTAL CONTRACT FROM $389,229 TO $532,440.14 FOR THE
PROVISION OF POLICE VEHICLE EMERGENCY EQUIPMENT,
UTILIZING EXISTING CITY OF MIAMI BEACH BID NO. 77-98/99,
ON A CONTRACT BASIS, EFFECTIVE UNTIL SEPTEMBER 30,
2000, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL
ONE (1) YEAR PERIODS, SUBJECT TO FURTHER EXTENSIONS
BY THE CITY OF MIAMI BEACH AND AVAILABILITY OF FUNDS,
FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, TO BE UTILIZED BY THE POLICE
DEPARTMENT; ALLOCATING FUNDS THEREFOR FROM LAW
ENFORCEMENT BLOCK III GRANT, ACCOUNT CODE NO.
142023.290499.6.840.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
77 6/29/00
22. AUTHORIZE INCREASE IN CONTRACT WITH XEROX CORPORATION, $50,000, FROM
$451,723.20 " TO $501,723.20 FOR LEASE/PURCHASE OF XEROX DOCUTECH COPIER, FOR
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, GRAPHIC REPRODUCTIONS
DIVISION.
Mayor Carollo: Seventeen.
Commissioner Teele: So move, Mr. Chairman.
Mayor Carollo: It's been moved.
Vice Chairman Gort: Lease purchase.
Mayor Carollo: Is there a second?
Vice Chairman Gort: Second.
Mayor Carollo: Second by Commissioner Gort. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-540
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE IN THE CONTRACT WITH XEROX
CORPORATION, IN AN AMOUNT NOT TO EXCEED $50,000, FROM
$451,723.20 TO $501,723.20 FOR THE LEASE/PURCHASE OF THE
XEROX DOCUTECH COPIER, FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, GRAPHICS
REPRODUCTION DIVISION; ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NO. 505000.420501.6.610
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
78 6/29/00
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
79 6/29/00
23. AUTHORIZE MANAGER TO EXECUTE MEMORANDUM OF UNDERSTANDING
BETWEEN CITY, DOWNTOWN DEVELOPMENT AUTHORITY, MIAMI-DADE COUNTY, AND
FLORIDA DEPARTMENT OF TRANSPORTATION FOR PURPOSE OF SETTING FORTH TERMS
AND CONDITIONS PARTIES INTEND TO IMPLEMENT DOWNTOWN FLAGLER STREET
CORRIDOR IMPROVEMENT PROJECT.
Mayor Carollo: Eighteen. Department of Real Estate and Economic Development.
Arleen Weintraub (Assistant Director, Real Estate & Economic Development): Arleen Weintraub,
Assistant Director, Department of Real Estate and Economic Development. This item is before you
seeking the authorization to execute what's called a memorandum of understanding. It's an agreement
that really is a roadmap that lays out the responsibilities between four agencies — the City, DDA
(Downtown Development Authority), Dade County and the State Department of Transportation, so that
we may proceed with the Flagler Street Corridor Project.
Vice Chairman Gort: Move it.
Mayor Carollo: Moved by Commissioner Gort.
Commissioner Winton: Second. It's only ten years old that project.
Commissioner Sanchez: Just a discussion. It's ten years old? It's an interlocal agreement between all
four agencies?
Ms. Weintraub: It's an interlocal agreement —
Commissioner Sanchez: OK.
Ms. Weintraub: -- to move forward now, yes.
Commissioner Sanchez: Interlocal agreement? OK. It's been seconded?
Mayor Carollo: Second by Commissioner Winton.
Commissioner Teele: Mr. Chairman.
Mayor Carollo: Yes.
Commissioner Teele: This has languished a long time, but there's just one issue. The CD (Community
Development) funds, how much CD funds are in this grant?
Ms. Weintraub: The City's total — let's see. The total obligation for this component of the City's side of
things is over three million dollars ($3,000,000). The portion of the component that has already been
committed seven hundred and forty-four thousand dollars ($744,000), of which two hundred and forty-
four thousand under a November 22, 1999 CDBG (Community Development Block Grant) grant
80 6/29/00
commitment has been entered into, and an additional five hundred thousand dollars ($500,000) from
CDBG. So the answer, Commissioner, is seven forty-four.
Vice Chairman Gort: There's another million that comes in from impact fee. That's my understanding.
Ms. Weintraub: The agreement does not state that. This agreement leaves it open, and that's possibly
unidentified.
Vice Chairman Gort: No, oh no, the agreement doesn't talk about the funds. It talks about responsibility.
Let me tell you, one of the biggest problems — we've been working on this for the last four years. The
biggest problem that we have in this is trying to get the County, the State, the City and all of us to work as
a team. And we, what we wanted to have done, after several conversations and meetings, we wanted to
document this into black and white to make sure that we all know what our responsibilities are going to
be, and who's going to be doing the building and so on, and supervision. Charlie, you're not included.
Mayor Carollo: And all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Vice Chairman Gort, who moved for its adoption:
RESOLUTION NO. 00-541
A RESOLUTION OF THE MIAMI CITY COMMISSION,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI, THE
DOWNTOWN DEVELOPMENT AUTHORITY, MIAMI-DADE
COUNTY, AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE PURPOSE OF SETTING FORTH THE
TERMS AND CONDITIONS THE PARTIES INTEND, TO DEVELOP
AND IMPLEMENT THE DOWNTOWN FLAGLER STREET
CORRIDOR IMPROVEMENT PROJECT.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
81 6/29/00
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
82 6/29/00
24. APPROVE INTERGOVERNMENTAL COOPERATION AGREEMENT, WHICH
AUTHORIZES PROPERTY APPRAISER TO INCLUDE THE CITY NON -AD VALOREM
ASSESSMENTS FOR FIRE -RESCUE SERVICES AND FACILITIES AND SOLID WASTE
SERVICES AND FACILITIES ON "NOTICE OF PROPOSED PROPERTY TAXES AND PROPOSED
OR ADOPTED NON -AD VALOREM ASSESSMENTS"; TRIM NOTICE.
Mayor Carollo: Nineteen. Is there a motion? Department of Fire -Rescue.
Commissioner Winton: So move.
Mayor Carollo: It's been moved by Commissioner Winton.
Commissioner Teele: Second.
Mayor Carollo: Seconded by Commissioner Teele. Hearing no further discussion, all in favor, signify by
saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-542
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING AN INTERGOVERNMENTAL
COOPERATION AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WHICH REQUESTS AND AUTHORIZES THE
PROPERTY APPRAISER TO INCLUDE THE CITY OF MIAMI NON -
AD VALOREM ASSESSMENTS FOR FIRE -RESCUE SERVICES
AND FACILITIES AND SOLID WASTE SERVICES AND
FACILITIES ON THE "NOTICE OF PROPOSED PROPERTY TAXES
AND PROPOSED OR ADOPTED NON -AD VALOREM
ASSESSMENTS," COMMONLY REFERRED TO AS THE TRIM
NOTICE; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE.
(Here follows. body of the resolution, omitted here and on file in the Office of the City Clerk.)
83 6/29/00
0
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
84 6/29/00
25. ACCEPT PLAT ENTITLED VILLA CHRISTINA SUBDIVISION.
Mayor Carollo: We're now in Item 20.
Vice Chairman Gort: Move it.
Mayor Carollo: It's been moved by Commissioner Gort.
Commissioner Winton: Second.
Mayor Carollo: Seconded by Commissioner Winton. Hearing no further discussion, all in favor, signify
by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Vice Chairman Gort, who moved for its adoption:
RESOLUTION NO. 00-543
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, ACCEPTING THE PLAT ENTITLED VILLA
CHRISTINA SUBDIVISION, A SUBDIVISION IN THE CITY OF
MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT
AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO RUN
WITH THE LAND POSTPONING THE IMMEDIATE
CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL
REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS;
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 the resolution, omitted here and on file in the Office of the City Clerk.)
85 6/29/00
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
86 6/29/00
26. TABLE: PROPOSED PLAT ENTITLED AUTOZONE TRACT (See #70)
Mayor Carollo: Twenty -A.
Vice Chairman Gort: Move it.
Mayor Carollo: Moved by Commissioner Gort.
Commissioner Teele: Second.
Mayor Carollo: Seconded by Commissioner Teele.
Carlos Gimenez (City Manager): Mr. Mayor.
Mayor Carollo: Discussion. Yes.
Mr. Gimenez: This item needs to — is a companion, I think, to PZ -2. It needs to be read after PZ -2.
Mayor Carollo: OK.
Vice Chairman Gort: Well, we'll do it after PZ -2, then.
Mayor Carollo: Twenty -A, if you can make a note, Commissioner Gort, since you will be chairing the
Planning and Zoning Agenda, to bring it back.
Vice Chairman Gort: Thanks a lot.
Mayor Carollo: The most exciting part of the day.
Vice Chairman Gort: This is a companion to 20-A, right? This 20-A is a companion to 2, PZ -2, or the
previous one?
John Jackson (Director, Public Works): There's a zoning covenant that has to be retired, which has to go
before this plat.
Commissioner Winton: Yeah, "But is it PZ -2?" he asked.
Mayor Carollo: Well that should have been included, then, in PZ, in the PZ Agenda.
Vice Chairman Gort: Right. Next time, put them in the proper order.
Mayor Carollo: OK.
Vice Chairman Gort: Thank you. I have a question. Mr. Jackson, the long-awaited parking lot for the
Cedars, when is that going to be in front of us?
87 6/29/00
Mr. Jackson: Cedars. It's scheduled for the next Commission meeting.
Vice Chairman Gort: Great. OK, thank you.
88 6/29/00
® 0
27. ACCEPT BID OF CARPET BOUTIQUE, INC. TO FURNISH AND INSTALL CARPET FOR
POLICE DEPARTMENT'S HEADQUARTERS BUILDING, $453,841.60; ALLOCATING FUNDS
FROM CAPITAL IMPROVEMENT PROGRAM.
Mayor Carollo: We're in Item 21, a bid by the Carpet Boutique to furnish and install carpet for the Police
Department's headquarters building in the total amount —
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: Second.
Mayor Carollo: -- of four hundred and fifty-three thousand, eight hundred and forty-one, sixty
($453,841.60). It's been moved by Commissioner Teele, seconded by Commissioner Gort. Any
discussion?
Commissioner Sanchez: None. Glad to see it's a local vendor.
Mayor Carollo: OK.
(unidentified Speaker): I'm so proud of you.
Commissioner Sanchez: I'm so proud of you.
Mayor Carollo: All in favor, signify by saying "aye.)
The Commission (Collectively): Aye.
Mayor Carollo: OK. It passes unanimously.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-544
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF THE CARPET BOUTIQUE, INC. TO FURNISH AND
INSTALL CARPET, FOR THE POLICE DEPARTMENT'S
HEADQUARTERS BUILDING, IN A TOTAL AMOUNT NOT TO
EXCEED $453,841.60; ALLOCATING FUNDS THEREFOR FROM
THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO.
312025.299301.6.830 IN THE AMOUNT OF $53,841.60 AND
ACCOUNT CODE NO. 312015.299401.6.830 IN THE AMOUNT OF
$400,000.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
89 6/29/00
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
90 6/29/00
28. (A) AUTHORIZE LAW FIRM OF AKERMAN, SENTERFITT & EIDSON, P.A. FOR
REPRESENTATION OF CITY, IN MATTER OF DONALD H. WARSHAW v. JOE CAROLLO AND
THE CITY OF MIAMI, ALLOCATING $20,000.
(B) AUTHORIZE LAW FIRM OF SALE & KUEHNE, P.A. FOR REPRESENTATION OF
MAYOR JOE CAROLLO, IN MATTER OF DONALD H. WARSHAW v. JOE CAROLLO AND THE
CITY OF MIAMI, ALLOCATING $15,000.
(C) SCHEDULE ATTORNEY-CLIENT SESSION IN CONNECTION WITH CASE OF
DONALD H. WARSHAW vs. JOE CAROLLO.
Mayor Carollo: Twenty-two, a resolution of engagement.
Commissioner Teele: Mr. Chairman.
Mayor Carollo: Yes, sir.
Commissioner Teele: Is there any way we can wait till we have —
Vice Chairman Gort: I hope you improve the gym.
Commissioner Teele: -- till we have five Commissioners here on this one?
Mayor Carollo: OK. Well —
Commissioner Sanchez: There are two of them.
Mayor Carollo: Yeah. There's 22 and 22-A. Is he coming back now or —
Commissioner Teele: He leaves — we always break at noon, and he leaves right after or five minutes to.
It's noon now.
Mayor Carollo: OK. All right.
Commissioner Winton: When are we coming back? 3 o'clock?
Mayor Carollo: Well, you want 3 or you want before?
Commissioner Sanchez: No, no.
Commissioner Teele: Three.
Vice Chairman Gort: The problem is that this is a very short meeting at 3 o'clock.
Commissioner Sanchez: Well, we still have our personal items, and then we have the budget.
Commissioner Teele: The zoning and the budget. And we really need to give enough time. And we have
a 2 o'clock CRA (Community Redevelopment Agency) carryover.
91 6/29/00
•
Commissioner Sanchez: Can I make a suggestion on the budget? Can we hold a special meeting just on
the budget?
Commissioner Teele: When? Today?
Commissioner Sanchez: No, not today. Sometime next week?
Commissioner Winton: No, I'm not available.
Mayor Carollo: Well, was there any request by Commissioner Regalado on any items that he did not want
to have the body take up when he was not here?
Commissioner Teele: He didn't say anything to me.
Commissioner Sanchez: He didn't state any on the record.
Mayor Carollo: Unless you don't get three votes on this, you want to go move forward with it, try to
move ahead? I think we could finish all the Agenda in what remaining time we have now.
Commissioner Sanchez: Mr. Teele?
Commissioner Teele: What?
Commissioner Sanchez: You want to move forward, or you want to wait for five Commissioners?
Commissioner Teele: No.
Vice Chairman Gort: We can always bring it back before the Commission.
Mayor Carollo: Exactly.
Vice Chairman Gort: We've moved — we've done it in the past. If we're not in agreement, we can always
bring it back.
Commissioner Teele: All right.
Commissioner Sanchez: So move, 22.
Mayor Carollo: There's a motion on 22.
Vice Chairman Gort: Second.
Mayor Carollo: Second by Commissioner Gort.
Commissioner Winton: I have questions.
92 6/29/00
Mayor Carollo: Discussion.
Commissioner Winton: How much have we spent to date on – and I'm going to combine 22 and twenty –
Vice Chairman Gort: -- three.
Mayor Carollo: Twenty-three.
Commissioner Winton: -- because it's all tied to the same issue.
Alejandro Vilarello (City Attorney): Commissioner, at this point, I have authorized, under my authority,
forty-five hundred dollars ($4500) under each of those engagements. The billing on each of the cases has
exceeded that at this point, but it's approximately – this is inclusive of all fees paid on both items.
Commissioner Winton: It's inclusive. So I wouldn't add nine thousand to the twenty and the forty.
Mr. Vilarello: My (inaudible) within these amounts.
Commissioner Winton: So what you're asking for is authorization, essentially, to spend sixty thousand
dollars ($60,000).
Mr. Vilarello: Correct.
Commissioner Winton: To defend this position. And what was the – what's the technical term? – the
amount of money that—
Commissioner Teele: The amount in controversy.
Vice Chairman Gort: The discussion amount.
Commissioner Winton: Yes.
Mr. Vilarello: Well, if you recall, former Manager Warshaw sued the City on three different counts, two
including whistleblowers, and now he's added a count with regard to his severance package. His
severance package –
Commissioner Winton: "Severance," that's what I was looking for.
Mr. Vilarello: -- is discussing an amount of approximately a hundred and sixty-two thousand dollars
($162,000). The other two counts are seeking funds in excess of that amount.
Commissioner Winton: But if we were to pay the severance package, would he be willing to drop the
other two suits?
93 6/29/00
Mr. Vilarello: I have not been involved in that litigation, but certainly, you can instruct Ms. Brown to
consider that and discuss it with opposing counsel. And I will direct her, if that's the wish of the City
Commission.
Commissioner Winton: In order to do that, would we need a motion to do that?
Mr. Vilarello: If you pass a motion to direct her to do that, it's fine. That's a direction from the City
Commission.
Vice Chairman Gort: First thing, you need to pass this one.
Mr. Vilarello: Yes, sir.
Commissioner Winton: Well, one doesn't necessarily —
Commissioner Teele: Would you yield on that point?
Commissioner Winton: Yes, please.
Commissioner Teele: You know, if the issue is defending the Mayor, this Mayor, the next Mayor, any
Mayor, I'm going to vote for it. It's just — I mean, we have to support our institution.
Commissioner Winton: Right.
Commissioner Teele: If the issue, however, is the issue of the severance pay, you know, at some point,
we're going to look ridiculous. The amount in controversy is how much? How much is in controversy?
Commissioner Winton: A hundred and sixty-two thousand.
Commissioner Teele: I mean, I don't — you know, how much money of this — we need to have a break out
of the fees, because I need to know how much is going in terms of that issue. My personal view is that we
should hear from our lawyer on this. You have a conflict. We cannot, you know, have a really intelligent
discussion about this. And if we're going to approve fees, we ought to at least know where we are with
this and what this represents. But I can tell you, you know, I voted against all those settlements on those
police chiefs. We've spent; you know, three hundred, four hundred, thousands of dollars, you know, for
police chiefs going back eight years ago. I don't recall how much money. But I think at some point, we
have to be prudent about this. And it's fine when you want to argue over principles, but it's not fine when
you're arguing over principles with public money. And you need to at least look at this thing very
carefully. So I'm not sure where we are and what of this lawsuit relates to the severance package versus
what relates to the records. But as I said before, I don't think we should have been in the position of
asserting privacy records either for the Manager or — I mean, I have a hard time believing that the City is
asserting a right of privacy, when every week, the Herald wants my schedule, they want this, they want
that. They get it. And, I mean, you know, this is a pretty transparent place. And I would like to know
what we're paying for. What we've paid for, I'm willing to vote on now. What we're going to pay for, I
don't want to vote on that now.
94 6/29/00 .
i
Mayor Carollo: Yeah.
Vice Chairman Gort: Let me ask a question.
Mayor Carollo: Go ahead.
•
Vice Chairman Gort: This request in front of us, what you're telling us is these expenditures have taken
place already?
Mr. Vilarello: No, no, Commissioner. On the item before you, Item 22, I believe the billings to date are
approximately thirteen thousand dollars ($13,000).
Vice Chairman Gort: OK.
Mr. Vilarello: This forty thousand dollars ($40,000) represents what we anticipate being the expense of
taking this all the way to and right before trial, through the discovery stage.
Vice Chairman Gort: OK. And then if we were to go to trial, there would be additional funds, as well?
Mr. Vilarello: Yes, sir.
Vice Chairman Gort: Commissioner Teele, I agree. I think if we're defending the Mayor, I don't have
any problem in putting the money, or any — or ourselves or any of the employees. But this is — there
comes a time when you have to make a business decision. And I think we should instruct our attorneys,
like Commissioner Winton stated, to sit down with the other party and find out if we can get out of this for
less money.
Commissioner Sanchez: If I may. This is exactly what we're doing. We're going to hire an attorney to
sit down and settle to see what, you know, what agreements they could come up with. I mean, we've got
to — and I agree with Commissioner Teele. We have to support the institution, and we have to provide the
Mayor of the City of Miami with legal backing to, you know, sit down with the other party and find a
settlement. And I'm basing my decision based on your recommendation, Mr. City Attorney.
Vice Chairman Gort: Yeah, that's what we're saying. I think that's what we're all saying.
Mayor Carollo: I appreciate the statements that have been made here by all of you in protecting the
institution of Mayor. But I would like to clarify for the record that I have been taken out of this lawsuit as
Mayor, and personally. The lawsuit is —
Vice Chairman Gort: Against the Commissioners.
Mayor Carollo: -- against all of you. That we are even accused in court of having violated the Sunshine
Law. And I was asked by the plaintiff, he asked the judge through counsel to investigate this Commission
for violation of the Sunshine Law, also. So I just wanted to clarify that for the record. At the same time, it
has been widely brought up to the question of protecting public funds. This, indeed, is a part of what is
still a question here, public funds. There were in excess of a hundred and sixty-three thousand dollars
95 6/29/00
($163,000) that were charged to one credit card that was issued by a public entity, funded by this City
Government that to this date, this City, nor anybody that I know of has gotten copies showing that all
those funds were paid personally, and not by the agency. For that matter, there is another large amount
that was also paid to another credit card issued by the Do the Right Thing Agency that even had a hotel
bill in Switzerland beyond —
Commissioner Teele: Hotel bill where?
Mayor Carollo: In Switzerland. Not Sweden. Switzerland. That I think we need to clarify what were the
expenses that were expenses of Do the Right Thing, and what were personal expenses, and if, indeed,
those expenses were paid privately. Furthermore, out of numerous years, the City of Miami has provided,
I think, some one million dollars ($1,000,000) or so, approximately, of funding for this organization. All
that, to my understanding, that has been shown has been 15 months of one checking account, not all of
them. And everything else has been refused, or excuses have been given as to why it cannot be shown.
Now, when you have an organization that has basically been funded almost in 90 percent or more by the
City of Miami taxpayers' dollars that — or should I say — let me rephrase that — City of Miami dollars,
because these are confiscated dollars. But nevertheless, they're our money, City of Miami. We need to
have that clarified, and particularly when you only have had two individuals, even until today, that have
the signature rights in the checks of this organization. Now, we need to get to the bottom of that before
we can discuss if we do have liability or not in paying this money. But what I would suggest to the
members of the Commission is that discussions such as that, as Commissioner Teele rightly pointed out,
the City Attorney has gotten outside counsel, for the reasons that we all know already, that this is an issue
that should be discussed with counsel. And if need be, there should be an executive session called by the
Commission to discuss it with counsel. But again, I just wanted to clarify that the Mayor, as Mayor and as
an individual is not part of this anymore, and it has to do with the whole City of Miami.
Commissioner Winton: Mr. Chairman.
Vice Chairman Gort: Well the — Mr. Attorney, then you need to change this, because the way it has been
— in our package, it says authorization to continue engagement of law firm of Akerman, Senterfitt and
Eidson, P.A., for representation of the City of Miami in the matter of Donald Warshaw versus Joe Carollo.
Mayor Carollo: No, it's actually correct, I think, Commissioner.
Mr. Vilarello: The caption —
Mayor Carollo: Because originally, that's how the — that's how it was filed originally.
Vice Chairman Gort: OK.
Mr. Vilarello: The caption is correct.
Vice Chairman Gort: You need to keep that title.
Mr. Vilarello: The caption has remained the same. The Mayor has been withdrawn by the plaintiff from
the cause of action. However, that's the correct caption of the case.
96 6/29/00
0 •
Vice Chairman Gort: OK.
Mayor Carollo: OK. What's—
Commissioner
hat's—
Commissioner Winton: Mr. Chairman.
Mayor Carollo: Yes, sir.
Commissioner Sanchez: There's a motion and a second, right?
Mayor Carollo: There's a motion and a second.
Commissioner Winton: While no one can refute, Mr. Mayor, your ability to dig up information that no
one else can seem to get dug up — and you're very good at that —
Mayor Carollo: Well, on the contrary, on the contrary —
Commissioner Winton: Let me finish. I've —
Mayor Carollo: I have not -- gotten information that is public record. It should be available to everyone,
the media, the public and all of us.
Commissioner Winton: Well, we haven't seen it, number one. Number two, this Commission voted to
pay the City Manager, the removed City Manager his severance pay, and we voted on that a month ago.
And because of an action of the Mayor, the City is now in a lawsuit. And that lawsuit is going to cost us
now, it looks to me like at least sixty thousand dollars ($60,000) -- and it could be much more than that --
for an issue that's about a hundred and sixty-two thousand, against an individual where there have been no
charges brought by any law enforcement agency at all relative to this, and the Commission has already
voted to pay out that severance package. So we have at least -- any time you're in a court of law -- at
least, a minimum 50/50 chance of losing. So then you spend sixty thousand dollars ($60,000) in law fees,
legal fees, or more. And then you pay a hundred and sixty-two thousand dollars ($162,000), plus cost,
plus interest. And so from my viewpoint, we need to get out of this business. We need to instruct our
legal counsel to enter into a settlement agreement to get all lawsuits dropped, and the agreement of the
City to pay the ex -City Manager his hundred and sixty-two thousand dollar ($162,000) severance package.
Commissioner Teele: Would you yield on that point?
Commissioner Winton: Yes, sir.
Commissioner Teele: Commissioner, we never voted on — we were advised — we never voted on that
action. We were advised by the City Attorney that it was a matter of right that he receive the funds, and
that it would not come back to the City Commission unless there was an effort to block it. And, of course,
we never voted when we gave Mayor Carollo his back pay, either, which was, you know, well over a
hundred thousand dollars ($100,000) or so.
97 6/29/00
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Mayor Carollo: No, it was not. No, no, no.
Commissioner Teele: How much was it?
Mayor Carollo: Some thirty -plus thousand dollars, Commissioner. And by State law, I was certainly
entitled to that.
r.
Commissioner Teele: But the point I'm making is, is that those actions never came back to us. Whatever
the amount was, it was — September — how long were you out of office?
Mayor Carollo: I don't know. But you were doing good in the beginning till you got sidetracked. You
did bring up something that I was going to bring up.
Commissioner Teele: But the point that I'm making, Mr. Mayor, is that these things ought to happen as a
matter of course. They really should not require Commission action. I think your advice to us is probably
the best course of action. We need to have, before we approve this, we need to have a meeting with the
attorneys. You said something today that somebody said to me on the street, but I've never heard it from
my lawyer, nor have I think I read it in the press, and that is that we were accused of violating the
Sunshine Law. I mean, I think our lawyer has an obligation to tell us that, from lawyer to client, client to
lawyer. So I think the more prudent course of action may be to have a meeting. I'm very, very concerned
about the issues that you have raised, and, you know, the whole issue of Do the Right Thing. I said in the
context of the Mayor's summit that I don't think that we should be releasing funds for Do the Right Thing,
nor should any person be employed by the City that is not cooperating with court orders, as a matter of
course. And I'm shocked to hear that you're saying records haven't been released.
Mayor Carollo: That's correct, Commissioner.
Commissioner Teele: And I think we need to look at this, because, I mean, we can't on one hand act one
way, and another hand, act different, totally inconsistent with that.
Vice Chairman Gort: Commissioner, Commissioner —
Mayor Carollo: And I'm not even getting to the area yet, Commissioner --
Vice Chairman Gort: Mr. Mayor —
Mayor Carollo: -- of over a million, three hundred thousand dollars ($1,300,000) that disappeared from
the Police Pension Fund, and other matters and other credit cards relating to that. But I think this
Commission needs to behave the same way in dealing with all our dollars, whether they're Law
Enforcement Trust Fund dollars that are as real as any other funds from our general fund, or Police
Pension Fund dollars. And, you know, this is very simple.
Commissioner Teele: I agree.
Mayor Carollo: All that needed to be done since back in September until now is to have records provided.
And I have never seen in my life, at least since I've been in government, any public agency that is so hard -
98 6/29/00
pressed in not wanting to give out simple public information that should be readily available to the media
that's been asking for it, to many others, and I think this needs to be cleared up.
Commissioner Teele: Are any members of the City staff —
Vice Chairman Gort: Mr. Mayor, I apologize, but I have a 12:30 appointment way out in the west. I have
to be there. I think this is a matter that every (unintelligible), not only for the Commission, but I think the
citizens deserve to know what has taken place with those funds, and if those funds have been repaid or
not. And that could be part of the negotiation that could take place. What I'd like to do is instruct our
attorneys to come back and let us know why, the reason why all this information has not been given out
like it should. And I apologize, but I have to be leaving right now, because I have I don't want to get a
ticket. I'm going to have to do 100 miles an hour —
Mayor Carollo: No, no.
Commissioner Sanchez: Are you suggesting an executive session?
Vice Chairman Gort: I'm suggesting an executive session so we can discuss all these matters.
Commissioner Sanchez: So direct the City Attorney to —
Vice Chairman Gort: As soon as possible.
Commissioner Teele: Second the motion.
Commissioner Sanchez: Motion for an executive session.
Mayor Carollo: You can't have another motion —
Mr. Vilarello: Commissioner.
Mayor Carollo: You have a motion in hand right now that was made by —
Vice Chairman Gort: There's a motion made and we can still approve that, and then we can consider it.
Mr. Vilarello: Commissioner, if the will of the Commission is not to approve this item at this amount, I'd
request that you approve the item at a reduced amount of twenty thousand dollars ($20,000), and that
allows payment before the executive session.
Vice Chairman Gort: Do I have a motion for twenty?
Commissioner Teele: As amended to twenty thousand?
Vice Chairman Gort: As amended by the Attorney.
Commissioner Sanchez: As amended to twenty thousand, Teele, you move it?
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Commissioner Teele: So move.
Commissioner Sanchez: I'll second it.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
Commissioner Sanchez: Aye.
Commissioner Teele: Aye.
Vice Chairman Gort: Aye.
Commissioner Winton: No.
Commissioner Teele: Move the City —
Vice Chairman Gort: OK. Three "yes," one "no." Show that.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-545
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF
AKERMAN, SENTERFITT & EIDSON, P.A. FOR REPRESENTATION
OF THE CITY OF MIAMI, IN THE AMOUNT OF $20,000, IN THE
MATTER OF DONALD H. WARSHAW v. JOE CAROLLO,
INDIVIDUALLY, JOE CAROLLO IN HIS CAPACITY AS MAYOR OF
THE CITY OF MIAMI, AND THE CITY OF MIAMI, IN THE
ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CASE NO. 00 -11244 -CA -05; ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $20,000,
PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, FROM
THE SELF-INSURANCE AND INSURANCE TRUST FUND,
ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
100 6/29/00
r:
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
NAYS: Commissioner Johnny Winton
ABSENT: Commissioner Tomas Regalado
Commissioner Teele: Move that the City Attorney be instructed to set up an executive session.
Commissioner Sanchez: Executive session. Second.
Mr. Vilarello: The executive session has to be at my request. And I, of course, am requesting it. And we
can schedule it for the next Commission meeting or sooner.
Commissioner Teele: Well, I think you ought to try to schedule it —
Vice Chairman Gort: I'd like to do it as soon a possible.
Commissioner Teele: -- as soon as possible.
Vice Chairman Gort: If it could be next Thursday, it's fine. I think most -- or either next Wednesday.
Commissioner Winton: I'm not available next week for anything.
Vice Chairman Gort: Well, the week after that.
Commissioner Winton: You know it's — I don't know why we can't do it at the -- We've authorized
twenty thousand dollars ($20,000). If they spend twenty thousand dollars ($20,000) in two weeks, we're
in trouble. I don't know why we can't do this at the next Commission meeting.
Mayor Carollo: Mr. City Attorney, can —
Vice Chairman Gort: I apologize. I have to leave.
Commissioner Winton: We have more emergency meetings in this place than I can keep up with.
Mayor Carollo: I think the City Attorney needs to be more specific. There has been more monies spent
by the law firms than forty-five hundred dollars ($4500), and this is why you're bringing this here.
Mr. Vilarello: Yeah, I mentioned that.
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Mayor Carollo: Well, can you clarify it, please?
Mr. Vilarello: Yes. There has been more than the amount authorized to the City Attorney spent on this
item, in excess of forty-five hundred dollars ($4500). That's why I've asked that we approve an item that
at least gives me some room to pay the firm for the services provided and get to the executive session so
they can properly advise you.
Commissioner Winton: He told us that to date, they've spent thirteen thousand.
Mayor Carollo: That's the full amount that you've spent in this one, in Item 22?
Mr. Vilarello: On Item 22. And then forty-five hundred dollars ($4500) in — slightly in excess of forty-
five hundred dollars ($4500) with regard to Mr. Kuehne's firm.
Commissioner Winton: But what you told — because I combined both of them. You told me in total,
we've spent thirteen thousand dollars ($13,000) so far.
Mr. Vilarello: I didn't mean to —
Commissioner Teele: I understood him to say it was that one firm.
Mr. Vilarello: That was on Item 22. With regard to Mr. Kuehne, the expenditures have been slightly less
than that. He was more involved in the initial motion to dismiss. So Mr. Kuehne expended an additional
number of hours early on in the case prior to Mr. Warshaw amending the complaint and dropping the
Mayor from the complaint.
Commissioner Winton: So what's the total then?
Commissioner. Teele: Have we approved Mr. Kuehne's expenditures?
Mr. Vilarello: You have not. That's Item 23.
Mayor Carollo: Twenty-two A.
Commissioner Teele: I would so move.
Mayor Carollo: Well, you got 22 first, Commissioners. We haven't voted on 22 yet. So —
Commissioner Sanchez: Yeah, we did. We voted on 22.
Walter Foeman (City Clerk): Yeah, to reduce the amount. Yeah.
Mayor Carollo: No, you didn't.
Commissioner Sanchez: Yeah, we voted on 22. It passed.
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Mayor Carollo: Did they vote on 22? OK. I stand corrected.
Commissioner Winton: Twenty thousand dollars ($20,000).
Mr. Vilarello: You haven't voted on the executive session, I think is the —
Mayor Carollo: No. You got —
Commissioner Teele: Is there a motion on 22? Moved by Commissioner Sanchez. That's relating to Mr.
Kuehne?
Mr. Foeman: That's 22-A.
Mr. Vilarello: It's 22-A.
Commissioner Teele: Twenty -two -A?
Mayor Carollo: Right.
Commissioner Teele: Seconded by Commissioner Teele. Is there objection? Is there objection? All
those in favor, say "aye."
Commissioner Sanchez: Aye.
Commissioner Teele: Aye.
Commissioner Winton: No.
Mr. Vilarello: You have a quorum.
Mayor Carollo: Did Commissioner Gort leave or not?
Commissioner Teele: Yeah, he's gone. Yeah, he had to leave.
Commissioner Sanchez: Did we vote on the executive session?
Commissioner Teele: No.
Mr. Foeman: No.
Commissioner Teele: Mr. Mayor, I would move that we recess for lunch or whatever the —
Mr. Vilarello: On Item 22-A, that motion fails.
Commissioner Teele: Two to one?
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Commissioner Sanchez: Two to one?
Mr. Vilarello: I'm advised that three affirmative votes are required.
Mayor Carollo: That is correct. Three affirmative votes are required.
Commissioner Teele: All right. Well, we can take it up again later on, maybe.
Mayor Carollo: Sure, it could be taken up again.
Commissioner Teele: Motion to — can we —
Mr. Vilarello: I would like to request an executive session to discuss — for the law firm of Akerman and
Senterfitt to discuss this matter.
Commissioner Sanchez: So move.
Commissioner Teele: Second. At the early —
Mayor Carollo: You know, I think you should, and let me say why. Because some of the actions that I'm
seeing here today, instead of helping the City could be placing the City in a situation that we're not in
now. Because right now, the City will be going to court on a motion — and all of our attorneys — that has
been placed for sometime in the middle of July to throw this whole case out. That's why you need to go
speak to them. Now, one last statement I'd just like to say to you, Commissioner. This happened not
because of any action that I took, because this Mayor or any other Mayor in the history of Miami has a
right to fire a City Manager. And particularly —
Commissioner Winton: No one is arguing that point.
Mayor Carollo: And particularly —
Commissioner Winton: That point has not been argued.
Mayor Carollo: Well, but the only action that I took was the duly constitutional action of firing a
Manager, and this Manager just didn't want to go.
Commissioner Winton: What does that have to do with his severance package?
Mayor Carollo: Well, it has to do with —
Commissioner Winton: That's what was negotiated between you and him.
Mayor Carollo: It has to do with a statement that was made before. Now, as far as negotiating anything,
this is not the way the negotiations are done. Basically, what I'm hearing is something that I hope I'm not
hearing here. I think that the best thing to do, again, is to have an executive session. But you do have
payments that, whether it's liked or not, they have been spent already by the City. Furthermore, I think
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the City Attorney needs to further explain some additional areas on both 22-A and 20. And that is that one
of the issues at hand is that Mr. Warshaw lost every single motion that was before the courts. Therefore,
the courts ruled that he was liable for court fees. And that's still at issue. So therefore, these attorneys
need to go back into court, like they're planning to, so that we could collect the monies that the court will
rule will be owed to the City, because he lost all those cases, including the injunction that was gotten in a
way that right now looks very, very cloudy.
Commissioner Winton: Well, so you understand my position — and I will listen to the point of view. I
don't want to do anything that jeopardizes the City, first of all. So if we have to make some additional
modification to this, I'm willing to do that. What I'm saying very clearly is that I'm opposed to this whole
lawsuit business. That's the point I'm making.
Mayor Carollo: But that you can —
Commissioner Winton: You can be in favor of all the lawsuits you want. I don't have to be in favor of it.
I don't want to do anything, however, that jeopardizes the City. So if you tell me that there's some
amount that's less than this that we absolutely have to put on the table that prevents our City from
jeopardizing its position, I will listen to that.
Mayor Carollo: What I am saying is right now that just like 20-A that was passed and 22-A, you have
certain amounts that have been spent already above the forty-five hundred dollars ($4500), and the
additional limited amount that's before you needs to be approved so that we could collect the full amount
by going to court.
Commissioner Winton: Well, and if you remember, the City Attorney — because I asked the City
Attorney, and we had a misunderstanding between ourselves, because I thought he had told me clearly that
the entire amount we had spent, because I said combine 22 and 22-A, and I thought it was thirteen
thousand dollars ($13,000). So I thought we had appropriated enough.
Mayor Carollo: And that's why I asked him to come back, because I thought you needed to have the right
answer.
Commissioner Winton: Yeah. So I will — I don't want to do anything to jeopardize the City's position.
So I am amenable to right now, since you have to have three votes, to a modification that puts some
amount of money on the table that preserves our position. But I don't want to put enough money on the
table that carries us through to some end point, which is what this is doing.
Mr. Vilarello: OK. Commissioner, on item —
Commissioner Sanchez:, Can I address the Commission?
Mr. Vilarello: If I could?
Commissioner Sanchez: Go ahead.
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Mr. Vilarello: On Item 22-A, I can — that figure can be reduced, but it can only be reduced slightly,
because Mr. Kuehne was very actively involved early on, and there's a little bit of work left to take that to
the conclusion. So if you could reduce this to fifteen thousand dollars ($15,000) —
Commissioner Winton: So move.
Mr. Vilarello: -- that would be sufficient to get us through the short term.
Commissioner Sanchez: So moved by you, fifteen thousand?
Commissioner Winton: Fifteen thousand for Kuehne here.
Commissioner Sanchez: Fifteen thousand. So move — second.
Mayor Carollo: There's a motion, there's a second. OK. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes by a vote of three/zero.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-546
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF SALE
& KUEHNE, P.A. FOR REPRESENTATION OF MAYOR JOE
CAROLLO, IN THE AMOUNT OF $15,000, IN THE MATTER OF
DONALD H. WARSHAW v. JOE CAROLLO, INDIVIDUALLY, JOE
CAROLLO IN HIS CAPACITY AS MAYOR OF THE CITY OF
MIAMI, AND THE CITY OF MIAMI, IN THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE
NO. 00 -1244 -CA -05; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $15,000, PLUS COSTS AS APPROVED
BY THE CITY ATTORNEY, FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, ACCOUNT CODE NO.
515001.624401.6.661, FOR SAID SERVICES.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
106 6/29/00
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
Vice Chairman Wifredo Gort
Commissioner Sanchez: And I would request for us to have an executive session with our attorney, and
sit down with her, and see where we're at, so she could brief us, and see where we're at on this. Maybe
we'll pursue on a settlement or we pursue on continual litigation. But I think it's in the best interest of us
to sit down with our attorney and have her brief us on what's going on.
Mr. Vilarello: Mr. Mayor, my recommendation is that you would have this executive session at your next
City Commission meeting. That would give Ms. Brown and Judge Hatchet (phonetic) a sufficient amount
of time to properly
Commissioner Winton: So move.
Mayor Carollo: There's a motion by Commissioner Sanchez.
Commissioner Winton: Second.
Mayor Carollo: Second by Commissioner Winton. All in favor, favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes by a vote of three/zero.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 00-547
A MOTION CONFIRMING THE CITY ATTORNEY'S
RECOMMENDATION FOR SCHEDULING OF AN ATTORNEY-
CLIENT SESSION AT THE NEXT COMMISSION MEETING, JULY
20, 2000, IN CONNECTION WITH THE CASE OF DONALD H.
WARSHAW VS. JOE CAROLLO IN HIS CAPACITY AS MAYOR
AND THE CITY OF MIAMI
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Upon being seconded by Winton, the motion was passed and adopted by the following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
Vice Chairman Wifredo Gort
Mayor Carollo: And that will be — the next meeting will be July the 20th, correct?
Mr. Vilarello: July 201h
Mayor Carollo: You'll choose the time.
Mr. Vilarello: It will be "agendized" on the Commission Agenda. It will recess for that meeting.
Mayor Carollo: Very good. OK. We're now in recess until 3 in the afternoon; is that correct? Three?
Commissioner Winton: Three, correct.
Mr. Vilarello: Yes, there's a special CRA (Community Redevelopment Agency) meeting at 2 o'clock.
Commissioner Teele: It'll be 2:30.
Mayor Carollo: Yeah, 2:30, then. Thank you.
108 6/29/00
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:29 P.M. AND
RECONVENED AT 2:38 P.M., WITH ALL MEMBERS, EXCEPTING VICE CHAIRMAN
GORT, FOUND TO BE PRESENT; AT WHICH TIME, THE CITY COMMISSION, UNDER
AUTHORITY OF SECTION 163.01, FLORIDA STATUTES, AND PART III, CHAPTER 163,
FLORIDA STATUTES, CONSTITUTED ITSELF AS THE SOUTHEAST OVERTOWN/PARK
WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, IN ORDER
TO DEAL WITH THE FOLLOWING ISSUES:
29. AUTHORIZE COMMUNITY REDEVELOPMENT AGENCY. (CRA) TO IMPLEMENT
COMMERCIAL REVITALIZATION SUPPLEMENTAL GRANT PROGRAM AND TO GRANT
$420,000 IN GRANTS WITH RESPECT TO GRANT PROGRAM.
Chairman Teele: We're going to have a — the Commission meeting is scheduled to begin at 3 o'clock, and
we're going to have a — we called a brief meeting of the Redevelopment Authority for 2 o'clock. So Mr.
Clerk, Mr. Attorney, if you could just call the roll for the CRA (Community Redevelopment Agency),
please.
Walter Foeman (City Clerk): Roll call. Board Member Winton.
Vice Chairman Winton: Here.
Mr. Foeman: Board Member Regalado.
Board Member Regalado: Here.
Mr. Foeman: Board Member Sanchez.
Board Member Sanchez: Here.
Mr. Foeman: Chairman Teele.
Chairman Teele: Present.
NOTE FOR THE RECORD: Also present: Robert Tyler, Director -Operations, Administration &
Development, CRA.
Chairman Teele: Commissioners — and I know that Commissioner Gort is not here. Commissioners --
Do you have an easel, please? An easel at all? If there's an easel (unintelligible). At the last CRA Board
Meeting, at the request of one of the Commissioners, the items relating to the Supplemental Commercial
Revitalization Grant Program was asked to be deferred. I think it's very important that there be a little bit
of background. I know that Commissioner Winton expressed some concern this morning. As it relates to
the 3rd Avenue Business Corridor -- which is a small component of Overtown/Park West Initiative. The
overall initiative is a twenty-five million dollar ($25,000,000) initiative, which has been briefed and
discussed. A separate component of this which preceded, which actually went in time before the overall
master plan was the 3rd Avenue Business Corridor. These activities that are being discussed now are an
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integral part of the 3rd Avenue Corridor, but they are not a part of the 3rd Avenue Corridor funded
activities under the CDBG (Community Development Block Grant) eligible activities, so that the record is
clear. On June of '98 — and Commissioner Winton, if you've not had an opportunity, we'll be happy to
discuss this with you the City passed several resolutions. The most important one was the resolution,
actually that developed and adopted 3rd Avenue as a destination. The background on this goes back all the
way to the snatch -and -grabs. And just in a word, nowhere in all of Dade County is there a destination that
generates sufficient tourist interests and activities from Perrine to Opa Locka in the black community.
That is not to say that there aren't black businesses or black activities. And so after about a year of study
and planning, it was determined that the area actually along 8th Street, and originally, it was determined
from 4th Avenue over to 3rd Avenue, which is the area where People's Barbecue is, and from 3rd Avenue
on Eighth Street up to 14th Street would be — is a small and compact enough area in which possibly, if you
infuse somewhere between fifteen and twenty to thirty million dollars ($30,000,000), you can make an
impact in terms of creating a corridor. One of the things that we drew heavily from was the
Empowerment Zone study of '96, in which all of the Overtown residents were individually interviewed.
And the one thing that they said were their number one priority was jobs. And quite candidly, the
frustration was that everything that the City was doing was in housing, predominantly, either Section 8,
Section 8 Mod. Rehab. and those activities which have been discussed, which really don't benefit the
residents directly. It benefits the property owners, which is a situation that if you go into the Section 8
Mod. Rehabs. that, are there now, you'll see what I'm talking about. They look good for 30 days, but
there's a real issue .there. They don't meet code. They don't — the real heavy rehabilitation doesn't
happen. So suffice it to say that the discussion was, how do we revitalize this corridor? A series of public
hearings were held within Overtown, within the Overtown community. Several bound reports have been
written. The CRA Board accepted those reports, adopted those reports, and then instructed staff,
Bermello, Ajamil at the time, to go out and develop a five-year plan. The central theme of the five-year
plan is to create what is called a Job Creation Plaza, which is scheduled to begin in year two, to begin — to
be completed in year three. This is year one; from October of this year to September 30th is year one of
the five-year plan. The 3rd Avenue Business Corridor actually predates year one. That was last year,
which still hasn't been funded or still hasn't been acted upon. But that plan primarily related to sidewalks,
parking lots, lighting, changing out the fencing. That commitment is, 120 percent subscribed for in terms
of just the so-called infrastructure amenities. The fencing alone in that area — and it's all fencing,
primarily owned by the City and the County or the State. And we're just changing out fencing. The way
we do fencing in the poor communities is totally different from the way we do . fencing in other
communities. So the hurricane fencing is really a deterrent. It's a detraction. That component is
approximately three million dollars ($3,000,000). The parking lots alone that are within that area that are
necessary to support and meet code are well in excess of a million dollars ($1,000,000) in just
construction. So that's so called the 3rd Avenue Business Corridor, which has been. But because of the
issue that we approved this morning, which was when we started doing some of the parking lots, the right-
of-way requirements were such that you couldn't complete the parking lot, and we had to go back and
change that. That was a part of what we were doing today. Several environmental issues, and then there
was some land use issues, where a parking lot cannot be in a residential area, even though all of this is
fronting 3rd Avenue or within the block of 3rd Avenue. What you wind up with is if the back of the lot is
residential, you have to change that zoning to be able to do the lot. So to be very candid, that has slipped
about six months, nine months, just getting the governmental land use issues related to the public works
issues, the land use issues back on track. The significant thing about the entire 3rd Avenue Corridor is the
fact that the components of this — not the Corridor as a project, but the 3rd Avenue five-year plan, which is
to create a destination — is that there are three main components of that destination. Number one is to
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•
assist the existing businesses that have been there. And after numerous surveys, there are only two
significant businesses that are able to draw tourists and visitors to that area as they are currently
configured, and that's the two businesses we will be talking about. However, within the next six months,
we will have completed the franchise competitive process to put for the first time in the history of all of
Overtown a franchise in Overtown along 3rd Avenue. And that's something that is extremely important to
the residents.
(INAUDIBLE COMMENT NOT INCLUDED IN THE RECORD)
Commissioner Teele: Well, when you say, "What do you mean as a franchise?" Church's, a donut shop, a
Subway shop, a Miami Subs. You know, without getting into this, one of the problems of Overtown is
Overtown is in a valley between Biscayne Boulevard and Jackson Hospital. When you draw the lines you
— essentially, it's not racism. It has nothing to do with race. It just has to do with the way the geography
is. Restaurants or these franchises normally don't award franchises within three miles of each other. So
from Biscayne Boulevard to 3rd Avenue is less than three miles. From Jackson Hospital, which is the site
of the largest franchise center in the County, other than the airport — it's even bigger than the airport. But
Jackson Hospital over there on about 11th Avenue, 10th Avenue by the eye place, a huge franchise. Every
franchise imaginable is there. When you draw the line, you can't get a franchise there. So it has to be
"incentivized." The site of that franchise location which was agreed to a year ago, which is on the corner
of 3rd Avenue and 10th Street, which is the old — 12th Street, which is the old WMBM Building is also like
a pioneer, because the plaza there, which is largely City -owned with one or two other property owners that
we're trying to either acquire or take through eminent domain, will be the site of a three million dollar
($3,000,000) — in effect, strip mall, Job Creation Plaza, ten to twelve thousand square feet. The important
thing about all of that — that will be the premier destination. That's 3rd Avenue and 12th Street. The
important thing about all of that is the CRA, the City — the CRA will wind up with a wonderful plaza, if
you will, where new businesses can come and relocate, where businesses and restaurants can be built.
We're just sort of going to do the shell, if you will. But what about the businesses that are there? And so
the real issue that we're dealing with today is we felt that it was critical, particularly in light of the Federal
funding that came down, that we identify those businesses that are there and that we assist them and
primarily give them a head start. The Job Creation Plaza, which is a draft document, was prepared over a
year ago. It's been circulated. Everybody has got copies of them in some ways. We're trying to get these
back, because of the issues relating to the eminent domain issues and the other issues that are associated.
So the whole issue is this: The Job Creation Plaza is sort of the end of the story. And bob, if you've got
the original that's the color, why don't you start it with Commissioner Winton and let it go down that way.
I think it gives — but we need to get these back, because the lawyers have said unless and until you have
site control, you can raise some serious issues. And this is strictly conceptual, strictly conceptual in its
being. But the whole point is this: There are in Overtown right now three or four businesses that are
languishing through all of this, that are operating, that have received funding from the Federal
Government, grant funding. We're proposing a supplemental program. The biggest problem — and I don't
want to be crucial of MMAP (Metro -Miami Action Plan) or the MMAP process, but the biggest problem
we have with both of those two businesses is that when the MMAP funding is completed as it is currently
structured, neither of those businesses will nearly about meet code, and neither of them meet code now. I
mean, the bathrooms, if you've been to either of those, we don't need to get into that.
Vice Chairman Winton: I've been there.
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NOTE FOR THE RECORD: Board Member Gort entered the meeting at 2:49 p.m.
Chairman Teele: Done that. So you know what we're talking about. They need to be ADA (Americans
with Disabilities Act). And the truth of the matter is, in this urban environment, it's hard to justify from a
business point of view meeting the kinds of stringent regulations that we have. And one of the reasons
that we have what we have is it's just not economically feasible. The Feds have approved this program in
concept. They have funded this. Their funding was a total of two point five million dollars ($2.5 million).
The Fed Program is two point five million dollars ($2.5 million). There are a total of about nine
businesses. We're only going to be engaged with two of the nine businesses — three of the nine businesses
that are on the 3rd Avenue Business Corridor that would be a part of the destination. In summary, the goal
is this: Is that if someone has guests from out of town, whether you be white, black, Hispanic, young or
old, elderly or handicapped that there is going to be a place in the inner city community where you can go
and take people and know that you're going to have the same quality of experience that you would have
anywhere else. The only other component that I should mention, since a lot of this has been discussed —
it's all in the budget documents, it's in the budget that was approved — is the Technology Center. And the
Culture and Technology Center, which is scheduled to be right where the big parking lot is there on 10th
and 3rd Avenue, across from Jackson. Soul Food, why don't you show that. Where is the parking lot? Just
so that the Commissioners can see it. That's — yeah. P-3.
Vice Chairman Winton: Where is Jackson?
Chairman Teele: You're going to have to have a mike if you're going to speak here. By the way —
Vice Chairman Winton: I know exactly where it is.
Chairman Teele: SP -1 is — you see P-2? Then SP -1 is the franchise, up top. Yeah, SP -1.
Board Member Sanchez: Right there, in between P-2 and SP -2.
Chairman Teele: Yeah. That's the franchise. And SP -2 is the Job Creation Plaza, what you're looking at.
So you can see that between 8th Street and 14th Street, it's all spread out. And the P-3 is the area in which
the Culture and Technology Center is being proposed, obviously in light of the NAP (Network Area
Point), and obviously in light of the fact that AT&T (American Telephone and Telegraph) and other have
said, we would really like to do a pilot demonstration program. We're going to be looking to see over the
summer if we can move that program up and try to get something on line that could be compatible with a
training facility, a facility that could even be adopted.
Vice Chairman Winton: Yeah, some sponsorship.
Chairman Teele: Or sponsorship by technology companies. But we --
Vice Chairman Winton: Which I'd love to work with you on.
Chairman Teele: Good. So we see that, of course, the Culture and Technology Center. And the whole
concept there is that that would be a black box. That would be a place where there is theater. That would
also support the Lyric Theater. In other words, if someone is going to perform in the Lyric, they need to
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have rehearsal space, they need to have prop space, they need to have that. So that would be an auxiliary
facility to the Lyric, and it's right around the corner, if you can see where the Lyric would be. So the
whole idea is 3rd Avenue should be a destination. The whole five-year funding concept is based on the
fact that we're going to create a destination in Overtown. Much of this planning was done in '97 and '98.
The entire '97 was spent doing nothing but planning. No programs or projects were presented or
prepared. And that's sort of the whole plan. The component that we're looking at now is the
supplemental Community Development, which is a program that is designed to match the two point nine
million dollars ($2.9 million) of Federal dollars that are being put in the Overtown under the Carrie Meek
Federal MMAP Initiative that is being administered by MMAP. And I'll ask the director to go directly
into that. But I thought it was important to get a little bit of the overview, because the thing that we were
concerned about and the thing that was expressed to us from the very beginning, it's fine to help
businesses come into Overtown, it's fine to build these nice buildings, but what about the people that are
there, that have been there, that have gotten very little, if no help? And as you know, that's sort of what
this whole program is about. Your name and address, for the record.
Robert Tyler (Director, Operations, Administration & Development, CRA): Robert Tyler. I'm Director
of Operations, Administration and Development for the CRA. We're at 300 Biscayne Boulevard Way. I
have with me also staff, the comptroller and the two business specialists for the CRA. I'll let them state
their names if need be. Basically, the Chair covered pretty much what we would have wanted to present
today. We did a real brief and thorough evaluation of the MMAP competitive process. MMAP basically
awarded several grants to businesses all over the City, three of which were in the CRA area, and we
focused our efforts on those three. As our Chairman stated, when we did our evaluations, we immediately
saw that there were deficiencies in simple code compliance that we couldn't — didn't have enough to get
them up to code. So what you have in front of you is our evaluations of that and budget thereof, and the
requested funding. And we're asking that our Board approve this funding.
Chairman Teele: I didn't go at all over the issue. Why don't you touch upon the two major restaurants,
and show exactly where they are and what has been planned for them.
Mr. Tyler: In Section 4 of your package, we have Jackson's Soul Food Restaurant. And the plan for
Jackson's Soul Food Restaurant is to go from — I think their current seating is somewhere around 80, 80
seats, and they're intending to go to 200 seats with the expansion. But more important than the expansion
is the upgrade. The Commissioner mentioned the bathrooms earlier. Their initial grant from MMAP was
fifty-nine thousand. We have budgeted fifty .thousand for the bathrooms alone, to bring those up into
code, as well as other interior improvements. And we expect the seating capacity to go from 80 to 200,
the number of employees to go from 10 to 18, and we show an economic impact that's almost an increase
of 200 percent. In addition to — your package also shows some renderings that will show an increased
floor plan, again, still in Section 4. It will show the floor plan and some elevations of the proposed
expansion. There's owner participation, as well. The owner acquired the land in the rear of the property
to facilitate their expansion, as well as facilitate some other plans that they've got for the future. Two
Guys Restaurant, which is located on 11`h Street and 3rd Avenue. All these businesses are on 3rd Avenue,
by the way. Two Guys, which is located on 11`' Street and 3rd Avenue basically offers a takeout service
right now. And the intention there is to facilitate -- number one, bring the building up to code and allow
them through the addition of some counters and some customer seating to increase their capacity, as well.
What we're proposing in Two Guys is a hundred and fifty thousand to match — to supplement the forty-
five thousand that they got from MMAP. I didn't do the numbers on Jackson, but Jackson, we're
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proposing two hundred and fifty thousand. And the third in our scenario is Just Right Barbershop, which
is also on 11`h Street and 3rd Avenue. Just Right Barbershop, through our evaluation, we thought had
sufficient funding from MMAP to cover what was necessary in their improvements. We proposed an
additional twenty thousand just to make their improvements consistent with our redevelopment plan. And
that's a total of four hundred and twenty thousand they we're proposing for the three businesses on 3rd
Avenue.
Chairman Teele: Would you introduce Werner, because I think Werner has done a lot of the technical
work, and let him just say who he is. I know he's been introduced before to the staff.
Werner Kuster: My name is Werner Kuster. I'm a business specialist for the CRA, 300 Biscayne
Boulevard Way. 1 spent basically the last 12 months in surveying all the businesses, but in particular, the
Two Guys Restaurant, Jackson's Soul Food and Just Right Barbershop. Most of the business evaluation
reports you see were done by me. And one of the first aspects you find in most of those businesses, like
Mr. Bob Tyler said, they're very — all of them don't meet any or very few of the codes issues. There is
inadequate parking, no handicap access. Kitchen — even though the restaurants are running very clean and
professional operations, under the circumstances, they are just, all of them, in need of money in order to
be able to make the last step to become code compliant.
Chairman Teele: Would you just put on the record very briefly some of your restaurant experience. I
think this is important that the Board know that we're dealing with —
Mr. Kuster: I have been in the restaurant business for about 25 years. I owned Greenwich Village
Restaurant on South Miami Avenue before I sold it in '97. I owned Greenwich Cafe on Miami Beach,
500 Washington Avenue. I also owned Greenwich Caf6. I am a 50 percent partner at Cappriccio's
Restaurant at 1221 Brickell Avenue at the Union Planters Bank Building. Currently, I am managing,
besides doing work with the CRA, three restaurants on Fisher Island. So I have a fairly extensive
professional background in surveying and evaluating those businesses.
Chairman Teele: Thank you very much.
Mr. Kuster: You're very welcome.
Chairman Teele: Members of the Board, the floor is open for questions. Commissioner Sanchez.
Board Member Sanchez: How did you know I was going to be first? The supplement grant program, the
four hundred and twenty thousand dollars ($420,000) that are being allocated to these three restaurants
which I've — I haven't been to Two Guys Restaurant, but I've been to the barbershop and the Jackson's
Soul Food Restaurant. The fund sources is coming out from the SEOPW (Southeast Overtown/Park
West) TIF (Tax Increment Funding). Is there money in that TIF to pay for that?
Chairman Teele: Comptroller.
Mr. Tyler: I'll introduce our comptroller, Brian Hankerson.
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5�
Brian Hankerson (Comptroller, CRA)
approximately one point nine —
Chairman Teele: Go ahead.
Brian Hankerson, Comptroller of the CRA. There's
Mr. Hankerson: There's approximately one point nine million dollars ($1.9 million) budgeted for transfer
from the SEOPW, Southeast Overtown/Park West TIF into the capital projects fund for purposes of
funding projects such as this.
Chairman Teele: OK. But you need to put on the record that seven hundred and fifty of that has been
encumbered for —
Board Member Sanchez: NAP.
Chairman Teele: -- for the NAP activities, as well. So, I mean, it's not as open as that. And so, I mean —
Mr. Hankerson: OK. And I will put —
Board Member Sanchez: I just want to make sure there's sufficient funds in those accounts to cover this.
Mr. Hankerson: Yes, there is.
Board Member Sanchez: OK. The other thing that I'd like to add is these grants; they shall be subject to
Federal laws and grant regulations?
Mr. Tyler: What we were initially considering doing was to pattern ourselves after the MAP Grant, just
stay along those lines. So our Board is to decide ultimately what regulations will apply. I think our local
regulations will probably prevail.
Board Member Sanchez: Well, here it says the program may be subject to Federal laws and grant
regulation. That shall be "shall," because the Federal is regulated.
Chairman Teele: It depends on whether -- the source of the funds. If the source of the funds was CDBG
funds, then they shall apply. In this case, these are redevelopment funds under State law; so they don't
apply. But there will be — in that it's a matched program, it will be utilizing the same track. In other
words, if these were CDBG funds, they shall apply. If they're general funds, it's up to us. If it's TIF
funds, it's subject to Chapter 163, State law.
Board Member Sanchez: Which oversees the CRA. It is in compliance with the redevelopment plan that
we approved, correct?
Mr. Tyler: Yes, that's correct.
Board Member Sanchez: OK. Now, I'm a little concerned with the map here where Two Restaurants got
such amount, and then Just Right Barbershop, which is a very small barbershop, got a hundred and five
thousand dollars ($105,000).
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Mr. Tyler: Yeah. We were baffled by that, as well. And that's why our response or our contribution in
that case is much smaller than the others, because we think in that case that there's sufficient capital to do
— to at least come up to code. So our contribution really reflects making the improvements consistent with
the redevelopment plan.
Board Member Sanchez: And the owners are putting in ten percent?
Mr. Tyler: That's what's reflected in their submission to MMAP, yes.
Board Member Sanchez: OK: Thank you.
Board Member Regalado: Mr. Chairman.
Chairman Teele: Commissioner Regalado.
Board Member Regalado: I think that this is pretty simple, but at the same time, it's difficult, for one
reason. When these people went to CRA or the City to apply, they, in fact, signed a death warrant,
because what I'm reading here is that they are not complying. If we don't give them this money, these
funds, we have to close them. It's as simple as that, because noncompliance on many areas is a matter of
code enforcement. And we have seen businesses being closed by these same violations. So it's either we
decide we keep them open and moving forward; or we close them. And.that's what we have to decide
today. It's important that we make a decision whether we want to focus on the development of that
Corridor, or we don't. And if we do, well, I mean, it's either we give them or we close them. There's no
middle ground in here with this information. I mean, the City now has this information, so I guess that the
Code Enforcement inspectors have to do something. So that's the comment that I wanted to make, Mr.
Chairman.
Commissioner Teele: All right. Commissioner Winton.
Vice Chairman Winton: Could you all, for the record, tell the public how long each of these businesses
has been in business, number one?
Mr. Tyler: Sure.
Vice Chairman Winton: And number two, how many new jobs will be created out of these efforts?
(INAUDIBLE COMMENTS NOT INCLUDED IN THE PUBLIC RECORD)
Mr. Tyler: All right. We'll just — let me respond to the jobs first. In the case of Jackson's Soul Food
Restaurant, that goes from — their current employees are 10 and they're going to as much as 18 with the
expansion. How long have they been in business? I think it shows. Since 1961? 1961. So the —
Chairman Teele: It's really not —
Mr. Tyler: That's experience.
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Chairman Teele: It's. been in business under different names by the same owners for over 40 years. Not
in this location, but the same family of owners.
Vice Chairman Winton: Long track record.
Chairman Teele: Long track record in the restaurant business.
Mr. Tyler: Experience of the principals.
Vice Chairman Winton: And the other two businesses?
Mr. Tyler: Just Right, Just Right, I think, has been at that location for seven, if I'm not mistaken. And
Two Guys has been at their location for four years. But both of them have a wealth of experience. Two
guys started off at Joe's Stone Crab. And I think he's got about 16 years with them -- no, I'm sorry — 16
years is Just Right.
Vice Chairman Winton: There are a number —
Mr. Tyler: Twenty-six years.
Vice Chairman Winton: I'm sorry. Thank you. Well, when you get that information for me, because I
think it's important to put both of those pieces of information on the record. So as soon as you get it,
come back. Mr. Chairman, the point I want to make is that frankly, in terms of business redevelopment in
that neighborhood, we've targeted three successful businesses, number one, that really do need additional
support to continue moving their businesses forward and creating jobs. And number two, we're doing
something here that the City — and you've said it many times. I think each of the Commissioners has said
this at least once since I've been here, and that is maybe, for the first time, we're giving people enough
money to succeed instead, of just enough money to fail. And I see this as a real comprehensive effort to
create greater long-term success here. So I like the way this process is working. And number two, I like
the fact that the CRA has piggybacked with the MMAP, which has done the lion's share of the initial
underwriting, and made the original Federal grant commitments to make this program work. And so
we're not creating something on our own. We're piggybacking on something that somebody else has
done, whether it's been money already committed. Frankly, the Federal Government's done what the
City's done many times, and that was get them just enough money to have a little bigger mess, as opposed
to really curing their problems. So we're stepping to the plate and doing that. And finally, as I look at
these financials -- and I have no reason to disbelieve them, some of the ratios that I looked at looked good
-- but all the financials looked good here in this entire picture, so that what we're really doing, I think, is
creating a major anchor for three businesses that can, with their successes and their entrepreneurial drive,
and hopefully, without additional government funding in the future, we will plant the anchor here that will
allow them to expand into other business ventures and continue to add jobs in the neighborhood. So I
think that overall, what the CRA has done here and the package that they've put together is very, very
good. I was pleased with all the information that we got here. And a final point, and I will yield. And
again, I'm not sure I really want to focus on this part of it for this piece, but I want to bring out this. part,
Commissioner Teele, that we talked about earlier. When I did the analysis on Jackson's Soul Food
Restaurant, if this were — our two hundred and fifty thousand dollars ($250,000) was a 25 -year amortizing
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loan at three percent interest as opposed to a grant, the cost to the borrower would be about fourteen
thousand dollars ($14,000) a year, which when you looked at their gross profit margin, it seemed to work
out pretty well, also. And so I'm not going to bring that issue up here, because we discussed it in the first
round. I think just from a policy standpoint, it's something we want to look at. I talked to Bob about it
when we had our discussion, also, just in terms of how we look at these kinds of things in the future,
because I think it could bring a new pool. But I'm overall pleased with the way this process has played
out for these three businesses.
Chairman Teele: Is there a motion, Commissioner Gort?
Board Member Gort: Mr. Chairman, I'll make the motion to move it, but there's a couple of things that I
want to state. I'll make the motion. Is there a second?
Board Member Regalado: Second.
Board Member Gort: OK. I have to tell you, in the 1960s, we had a similar plan that we put together,
which is today called Latin Quarters, where we got some of the businesses moving in Little Havana, and I
think this is the way to go. But at the same time, I want to make sure --and a lot of charettes have been
done in Overtown. A lot of studies and a lot of dreams have been put in documentation. This is the first
time that we're really going to implement something. So we need to make sure that it's going to be very
successful. Now, in looking at the numbers — and this is what I keep saying — we got to make sure that we
not only provide economic assistance, but we provide technical assistance, as well. I think it's just as
important. I've had a little experience in some of this, and in looking at your numbers here and your
projections, I think you're being very optimistic, and I think you need to look at these numbers in here.
And you're an expert in restaurants, but let me give you one example. In your costs, you don't have any
cost for food. You only have salaries, your biggest cost -- line item that you have in your cost breakdown,
or according to the documents that I have here.
Mr. Tyler: Which restaurant?
Board Member Gort: Jackson's. I mean, I just had a chance to look at this one. And also, according to
your projections, you're going to have 190 people coming in every day. Divided among three shifts —
Chairman Teele: Let me —
Board Member Gort: This is something for them to look into.
Chairman Teele: Yeah. And I think that's a good point. But right now, just as an example, Jackson's is
open from 6 a.m. to 1. One of the things — and this is not something that they're excited about — but one
of the things that we encouraged them, strongly encouraged them, as a condition of the grant is that
they're going to have to be open in the evenings, in other words. So the numbers are going from whatever
they are now literally to potentially doubling, because they're going to put on an evening meal. I doubt
they'll have three meals the way we're looking at it there, because they want to stay with what they're
doing. That is, they serve breakfast at 11 o'clock, 12 o'clock and 1 o'clock.
Board Member Gort: Well, this is where I think the technical assistance can come in.
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Chairman Teele: Right.
Board Member Gort: And can sit down with them and make sure their projections are in accordance with
the plan, because we want this to succeed. We want these three businesses to be the focal point to attract
attention of visitors, because if we make those successful, additional people are going to come in, and
you're going to bring more people not only from Overtown, but from the outside of Overtown. That's the
only statement I wanted to say. I don't need the answer now. I need just for you to look at your numbers
and make sure of your numbers.
Vice Chairman Winton: Mr. Chairman.
Chairman Teele: Commissioner Winton.
Vice Chairman Winton: I have one other comment, and that is about the long-term success of the
neighborhood. And Commissioner Teele, as you've heard me say a number of times, I believe strongly,
firmly that business will not prosper in Overtown until we go after the bad guys in the neighborhood. And
I believe it's 12th Street, or 14th Street and one of the avenues there.
Chairman Teele: Twelfth Street, right where it says SP -I and SP -2, 12th Street, is a war zone.
Vice Chairman Winton: Right, exactly.
Chairman Teele: You can buy anything you want.
Vice Chairman Winton: Right. And if we don't close down the war zone — and there's two war zones.
There's another war zone over by the elementary school. And if we don't close those down, these
neighborhoods and these businesses will never reach their true potential, because I don't care what
anybody wants to say and how idealistic people would like to talk about things, folks aren't going to go
and buy goods and services where there's a perception that they're going to get in trouble. And it doesn't
— I don't care whether it's black folks or white folks or Hispanic folks. If you're from outside the
neighborhood, you're not going there if you think you're going to be in trouble. And the other -- and so
the fact about these businesses is that their true potential will rest in their ability to attract,, as you said,
Commissioner Teele, people coming in from the outside — tourists and those of us who will go there. And
so coupled with this commercial revitalization effort, if we don't have in lock step a plan to attack
absentee landlords who don't give a damn about their property and drug dealers who are the scourge of
the neighborhood, our plan and this twenty-five million dollars ($25,000,000) will fail.' So I am hoping,
Commissioner Teele, that — and I'll do anything I can to help, but we've got to put together a team within
the City of Miami, and our support to literally go in and make Overtown a safe community for all the good
folks who want to live there that will then make that community attractive for ,new people who want to
come back into the neighborhood.
Chairman Teele: I couldn't agree more. Further discussion? Mr. Clerk, call the roll.
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The following resolution was introduced by Board Member Gort, who moved for its adoption:
RESOLUTION NO.
SEOPW/CRA 00-74
A RESOLUTION AUTHORIZING THE COMMUNITY
REDEVELPOMENT AGENCY (THE "CRA") I) TO IMPLEMENT A
COMMERCIAL REVITALIZATION SUPPLEMENTAL GRANT
PROGRAM (THE "GRANT PROGRAM") AS DESCRIBED ON
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF,
AND II) TO GRANT AN AMOUNT NOT TO EXCEED $420,000 IN
GRANTS WITH RESPECT TO THE GRANT SHALL BE SUBMITTED
TO THE BOARD OF DIRECTORS FOR APPROVAL.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Board Member Regalado, the resolution was passed and adopted by the
following vote:
AYES: Board Member Wifredo Gort
Board Member Tomas Regalado
Board Member Joe Sanchez
Vice Chairman Johnny Winton
Board Member Arthur E. Teele, Jr.
NAYS: None
ABSENT: None
Chairman Teele: Is there any other matter? Because we are running late.
Board Member Sanchez: Running late.
Mr. Tyler: The Board Member asked me to speak into the record the experience of the three. The
experience of the principals from Jackson's Restaurant is 40 years, and we're creating eight jobs. The
experience of Two Guys is 20 — I'm sorry — yeah, 26 years, and they're .creating an additional two jobs
there. And Just Right has 16 years experience, and an additional two jobs with that.
Chairman Teele: All right. Further discussion? All right. Then the meeting of the — special meeting of
the CRA —
Board Member Gort: I'd like to give you suggestions. We have some restaurant owners that own chains
in here that are very successful, and maybe we can recruit their help and assistance.
Chairman Teele: An advisory committee.
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E
Board Member Gort: And create an advisory committee to give technical assistance.
Chairman Teele: I think that would be absolutely ideal. And we'll put that on and ask that we have a
seven -member advisory committee. If there's no other matters to come before the CRA, then this meeting
is adjourned. And Chairman Gort — I'm sorry. Ma'am, did you want to say something?
Annie Wooden: There was just one thing that wasn't addressed.
Chairman Teele: Your name and address for the record, please.
Ms. Wooden: My name is Annie Wooden. I am here to represent Susie Simmons who is now in —
Chairman Teele: All right. You're going to have to speak up. Put the — how about putting up that PZ -3
You all need to stay here because she's dealing with this issue that you all — yes.
Ms. Wooden: I just have one question to ask, Commissioners, which wasn't addressed, you know. My
name is Annie Wooden, and I'm here to speak for or ask the question for Ms. Susie Simmons, who resides
in Jacksonville, Florida.
Chairman Teele: Yes, ma'am. Yes.
Ms. Wooden: And she's a friend, and I didn't think it was appropriate to have her come way down here
just to ask this question. Now, my question is, which wasn't addressed, what about compensation to the
landowners for their land being used for the parking lots? That was not addressed. And I would
appreciate it if it is addressed.
Chairman Teele: OK. We'll get you a written answer. What we're talking about is P-2, right there.
Ms. Wooden: I know. Yes, I know.
Chairman Teele: The CRA — this is what's happened. The CRA was briefed on this the other night. They
went in to purchase the lots. It's three pieces of land there.
Ms. Wooden: That's right.
Chairman Teele: The owners are willing to sell.
Ms. Wooden: They are.
Chairman Teele: But there's defects in the title, you remember Mr. Bloom saying? And so what we said
is we would go ahead and enter into an agreement until we can clear the title to pay the people a market
rate, subject to us being able to close. And this created a lot of confusion, and a lot of misunderstanding,
and a lot of frustration, because it looks like we're pulling a fast one. In other words, the family is
prepared to sell two of the — all three of those lots at P-2, really.
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Ms. Wooden: These are cousins that own these three lots.
Chairman Teele: Yeah. But the problem is, there's all kinds of other cousins that no one can seem to —
Ms. Wooden: No. Those — Ms. Simmons' property was quitclaimed over to her. I helped her do that
with an attorney.
Chairman Teele: Yes.
Ms. Wooden: That property belongs to her. There is a lien from Jackson Hospital on one of those
properties, 247.
Chairman Teele: Yes, ma'am.
Ms. Wooden: And I think the other one is clear. Now, then I understand the City can eminent domain
those lots if it's going to be used for —
Chairman Teele: One of the things that all of the lawyers are telling us is the best and the cleanest way to
do this is to do an eminent domain. The only way we can get clear title in some of these cases, and we're
pursuing that right now as an option.
Ms. Wooden: Well, she would be very happy if you would eminent domain, because —
Chairman Teele: Happy. Everybody has told us at that time, pretty much.
Ms. Wooden: This, as you said, is a war zone. I have been before you people before, having this lady
keep that property clean, and the grass cut, and the litter that the neighbors throw on those lots. You clean
them today. You go back tomorrow, they are littered up again.
Chairman Teele: Yeah. If you will meet with this —
Ms. Wooden: And she just want to get — I mean, she just want to get, you know, rid of the lots.
Chairman Teele: Sure, get it resolved.
Ms. Wooden: Get it resolved. And thank you very much for your time.
Chairman Teele: Yes, ma'am. If you would meet with the director right there, now; he'll go back and
give you a good layout of what we're going to do, or what the proposal is. The lawyers have had
discussion. They briefed us the other night. We apologize for the inconvenience and our inability to
close. But the reason we can't close is the lawyers are concerned about perfecting the title.
Ms. Wooden: Well, she just didn't understand what was going on, and she wanted me to come to try to
find out, to clarify further for her. Thank you very much.
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•
Chairman Teele: All right. I'm sure they're going to assign somebody to work directly with you on this.
Thank you very much. All right. If there be no further discussion, the meeting is adjourned.
-THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
MIAMI, ADJOURNED CONSIDERATION OF THE HEREINABOVE ISSUE, IN ORDER TO
RESUME CONSIDERATION OF REGULAR AGENDA ITEMS.
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30. BRIEF COMMENTS REGARDING OUTSIDE COUNSEL FOR LAWSUIT — DONALD H.
WARSHAW v. JOE CAROLLO AND THE CITY OF MIAMI.
Commissioner Teele: And Chairman Gort; Commissioner Regalado was not here for that last item, and I
do think if we could just bring him up to speed, that we did ask for an executive meeting.
Vice Chairman Gort: Right. What we did is, we asked the City Attorney to prepare an executive meeting
so we can all get together and go over this matter. The only thing that we approved at that time was the
Attorney needed an approval of twenty thousand dollars ($20,000) to pay up some of the bills that have
been running up. Anything else you would like to add? So we're going to have an executive meeting to
discuss these two items, 23 and 24?
Commissioner Regalado: When?
Vice Chairman Gort: When?
Alejandro Vilarello (City Attorney): When? At the next Commission meeting.
Commissioner Regalado: You mean for the payment of the attorneys.
Vice Chairman Gort: Right. Not only that. There's many other items.
Mr. Vilarello: Well, for the discussion on the strategies related to the case.
Vice Chairman Gort: There's many other items that we'd like to bring and discuss during that session.
Commissioner Regalado: And in that session, you can also get directions on any settlement?
Mr. Vilarello: The City Commission can give direction, yes.
Vice Chairman Gort: Right. Whoever is hammering, could we get them to quit and hammer some other
time?
Carlos Gimenez (City Manager): I think your next item is Item 23.
Vice Chairman Gort: Twenty-three and 24, we're going to go in that special session. The budget, my
understanding is also they wanted to discuss it at the -- Can we get someone upstairs to — The Morse
Code, that has been gone for a long time. We now use the computer. We don't need that.
Mr. Gimenez: I think somebody's working on the roof:
Commissioner Regalado: It could be a Cuban spy.
Vice Chairman Gort: OK. My understanding is the Commission is at Item 23.
Mr. Vilarello: Mr. Chairman, Item 23
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Vice Chairman Gort: Twenty-three and 24. Twenty-three was passed with twenty thousand dollars
($20,000) is my understanding.
Mr. Vilarello: No. Item 23 relates to the sunsetting of the City of Miami Jurisdictional Boundaries
Committee.
Vice Chairman Gort: Oh, OK. That's OK.
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31. RESCIND RESOLUTION NO. 99-906 AND SUNSETTING CITY JURISDICTIONAL
BOUNDARIES COMMITTEE.
Commissioner Teele: Mr. Chairman, we had set for immediately after lunch a special item from the
Planning Department, I thought, and that's what a lot of these people are in here for. What's that?
Carlos Gimenez (City Manager): Yes, sir. They're ready to go whenever you want.
Commissioner Teele: It was supposed to be right after lunch.
Vice Chairman Gort: Go right ahead.
Ana Gelabert (Director, Planning and Zoning): We're going to ask you five minutes to put the computer
together, if you can give us five —
Commissioner Teele: Well, while you do that, let me move the item to repeal the Boundaries Committee.
Walter J. Foeman (City Clerk): That's Item 23.
Commissioner Winton: Second.
Vice Chairman Gort: This is Item 23. It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion. Being none, all in favor, state it by saying —
Commissioner Teele: It's an ordinance. Is it an ordinance?
Commissioner Sanchez: It's resolution.
Commissioner Teele: It's a resolution.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
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The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-548
A RESOLUTION OF THE MIAMI CITY COMMISSION
RESCINDING, IN ITS ENTIRETY, RESOLUTION NO. 99-906,
ADOPTED NOVEMBER 16, 1999, AND SUNSETTING THE CITY OF
MIAMI JURISDICTIONAL BOUNDARIES COMMITTEE
("COMMITTEE") WHICH WAS ESTABLISHED TO EVALUATE,
ADVISE AND MAKE RECOMMENDATIONS TO THE CITY
COMMISSION REGARDING POSSIBLE CITY OF MIAMI
MUNICIPAL BOUNDARY CHANGES.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
127 6/29/00
32. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVE REFURBISHMENT AND
REPAIRS TO THE COOLING TOWER AT MIAMI CONVENTION CENTER FROM MIDDLETON. &
ASSOCIATES, AND TRANE AND COMPANY, $140,000, FOR DEPARTMENT OF
CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES; ALLOCATING FUNDS FROM
CAPITAL IMPROVEMENTS PROGRAM. (See #20)
Commissioner Teele: Mr. Chairman, we also temporarily passed this morning an item relating to the
Hyatt cooler. And the reason that we did is that I wanted to look at the timeline, because my comment
was, you know; thank God that -we have professionals who operate in spite of us, and in spite of the
system. When I read the timeline, I just couldn't believe it. And I wanted to meet privately with staff.
What's the item number?
Alejandro Vilarello (City Attorney): Fifteen.
Commissioner Teele: Item what?
Christina Abrams (Director, Public. Facilities): Item Number 15.
Commissioner Teele: Fifteen. And it's certainly something that needed to be done. But when we're in
the business of running businesses, like a convention center or something, and the air conditioner breaks,
you literally cannot wait 18 months or 14 months —
Unidentified Speaker: Or 14 hours.
Commissioner Teele: -- to get it done. And while I'm sure there's a story — and the director doesn't want
me to get into this. But this happened a year ago. And I just think that we ought to work within the —
Vice Chairman Gort: Excuse me, Commissioner Teele. Mr. Manager, can we do something about the
woodpecker, please?
Commissioner Sanchez: I think they're working on the roof.
Commissioner Teele: Putting in the termite — I mean the — putting in the insect equipment. But I just
wanted to bring to your attention, Mr. New Manager, the fact that this all occurred in March, April, May,
June of '99, and it's really late getting to us. I'm not objecting to that. I think it's a point that there are a
lot of people in this department, this City that really work to do a good job. And they run the risk of
somebody on the Commission saying, why did it — and I want to not approve it, and all of that. And I just
think that some of us, as Commissioners, need to send the word out as it relates to the operations of this
County like — the City, like the hotel, the convention center, marinas, things that are really operational
particularly for the public. I'm not talking about the executive bathroom, you know, in the
Commissioner's office that doesn't work, so that's an emergency, but I'm talking about those things that
are really emergencies. And I wanted to commend your staff in getting it done, even though it's a year
late coming to us. So I would be pleased to move the item.
Mr. Gimenez: Thank you, sir.
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Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Any discussion? Being none, all in favor, state it by saying
aye.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-549
A..RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR
FIFTHS (4/5 T11) AFFIRMATIVE VOTE, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS, AND APPROVING THE
REFURBISHMENT AND REPAIRS TO THE COOLING TOWER AT
THE MIAMI CONVENTION CENTER FROM MIDDLETON &
ASSOCIATES AND TRANE AND COMPANY, IN AN AMOUNT NOT
TO EXCEED $140,000, FOR THE DEPARTMENT OF
CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES;
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENTS. PROGRAM PROJECT NO. 325008, AS
APPROPRIATED BY ORDINANCE NOS. 11705, AS AMENDED,
AND 11839, THE ANNUAL APPROPRIATIONS AND CAPITAL
IMPROVEMENT PROJECTS ORDINANCES.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
129 6/29/00
Commissioner Teele: Mr. Chairman — Christina, would you just like to — I don't want to cut you off.
Would you like to put a clarification, or explanation or a statement on the record?
Ms. Abrams: No, sir.
Vice Chairman Gort: She's very smart. She's smart and very good.
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33. DESIGNATE COMMISSIONER JOHNNY WINTON AS CHAIRMAN OF "COMMITTEE TO
DEVELOP A MASTER PLAN FOR BICENTENNIAL PARK."
Vice Chairman Gort: OK, are we ready?
Ana Gelabert (Director, Planning & Zoning): Almost there.
Vice Chairman Gort: How much more? How much more time?
Ms. Gelabert: The laptop is coming up.
NOTE FOR THE RECORD: Mayor Carollo entered the Commission chamber at 3:42 p.m.
Commissioner Winton: What item is this?
Ms. Gelabert: I'm sorry?
Vice Chairman Gort: It's the presentation.
Commissioner Winton: What item?
Ms. Gelabert: It's a presentation on Bicentennial Park.
Carlos A. Gimenez (City Manager): This is a presentation by the Planning staff on their vision for
Bicentennial Park.
Ms. Gelabert: It's under the discussion items.
Commissioner Teele: This was done in lieu of a departmental report that we normally have after lunch.
Mr. Gimenez: That's right, sir.
Commissioner Teele: If you give us the password for your (inaudible) might help us.
Ms. Gelabert: Technology is not as quick as they say. It's the budget. First, I would like to thank you for
the opportunity — you want more of them off?
Commissioner Teele: That's fine.
Ms. Gelabert: First — do you want to turn off the other one? — to thank you for the opportunity of coming
and showing you what the Planning Department's vision of Bicentennial Park is. I have with me the staff
of the department that has worked on this. We've had a week or so to work on this, but we've tried to put
some images. And the way I think I would like to call the presentation is imagine, and the City images
that we bring from other cities, how we can do the same on Bicentennial Park. We envision an active
waterfront, something that would have mixed use. It would have civic buildings, and that it would have —
that it would create a destination into downtown. I would like to make reference to the downtown master
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plan that was approved on 1989. Many of those policies were still — they're still real today as they were in
'89. The things that we talked about, about major public open spaces, providing views to the park,
creating the deep water slip as the park center, to introduce major original activities, such as museums,
aquariums at the time, to create attractions, north/south activity to really connect all the way from the
Omni down to Bayside and Bayfront Park, and to emphasize the waterfront with a pedestrian promenade
and plazas. I'm going to run you through — and this is the imagine part — from other cities what is it that
they have done. This particular one is one that comes very close to what we have today, which is in
Copenhagen. It creates — it's a narrow slip, similar to ours, where they have on the left-hand side where
you see the buildings, what they have is a mixed use. Underneath is just retail, restaurants, dining places,
cafes, and then the boats just come in and dock there. On the other side, just because of their weather is
not as good as ours, they — they have shade. And so they just have housing on that side. And as you see,
the active corridor that happens on the street is extremely — I cannot tell you it's 2 o'clock in the
afternoon, 3 o'clock. All the way, it's packed with people. It is a street. It is closed to vehicular, but yet
there is — you know, if there was an emergency, they do have it open. But it doesn't seem to interfere.
You have all the activities, all these impromptu activities going on, and it's all based on what's happening
on the retail and the mixed use. The mixed use there, residential, there's offices and there's even a hotel.
Baltimore, the Inner Harbor, which I'm sure many of you are familiar, again, the same thing. The plaza,
the uses -- this is the Rouse project, the first one they did — and how the two open up onto the street and
the plaza opens up onto the water. The Inner Harbor, the aquarium. This particular one, this one is in the
architecture that we think is such an accent. Again, on the water slip. It is our understanding — and that's
why we're putting that 1.5 million tourists come into the area. And under — as we have been told, they do
produce some income. The aquarium is not just an aquarium; it's a special event place. There's activities,
gathering at night, so the aquarium has the double use. Boston, again, the same thing. As part of their
project, they're revitalizing the whole waterfront. And I cannot tell you how exciting it is to be able to
walk from (unintelligible) into the park, into the waterfront. And all of it just connects to each other. And
then — and you're going from places where you might have some retail, other ones that you might have
office, but it's just that connection that just creates that excitement that you are there, that you are near
water and that you're seeing it. The Navy Pier, same thing. Retail, mixed use. San Juan, Puerto Rico,
they're trying to revitalize, similar to what we're doing here in Miami. They're also working closely with
their port, again, trying to do something on the waterfront. And here we are with our Bicentennial Park.
We have on the slip 1200 feet of linear feet. On the front, 1365 linear feet of water frontage. Biscayne, I-
395, park plaza and pedestrian. And I will do just a layer. And again, this that you're about to see is a
massing study of what these uses could be. A plan would later have to be developed to just give more
detail. But what's important to us is showing you that on the yellow portion on the Biscayne Boulevard,
facing the slip that you can have the — a pedestrian plaza, similar to what the (unintelligible) plan calls,
that (unintelligible) widening of the boulevard, we would have a plaza at that level. The yellow is the
pedestrian connection. Going into Park West, we see a major pedestrian connection, something that could
be also a green area, opening up into Park West and creating that access in looking into the water. And
again, if you follow the yellow, the yellow is the pedestrian walkway that would connect eventually the
Margaret Pace Park down to the Bicentennial, along the slip and into the Miami Arena, and eventually to
Bayside and Bayfront Park. The red that you see would be the — and this again is a possibility to create.
It's some sort of pedestrian bridge, something that could move that we would be able to see sailboats
coming in. But it would create — one is a connection. Another one is an accent that would create into the
entrance to the slip. Vehicular access, we feel the need, because of the uses we see coming into the park,
if we could extend 10th Street, which is just adjacent if you go north of the yellow line on 10th Street, a
vehicular access that would connect into the park on Bayfront — I mean Bay Shore Drive, and it would end
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with a monument and a plaza. Again, what we're trying to put in is elements that we feel that major cities
have (unintelligible) into our City, and starting to create around these uses pieces of urban fabric that
would start defining our City. The mixed use on civic buildings, what you see in orange would be our
proposal to have mixed use buildings and retail office and residential, perhaps a small hotel. The yellow
buildings would be what we call civic buildings. Could be museums. Museums, it could be a students
museum, museum of science. We thought perhaps it could be a maritime museum. In the downtown
waterfront master plan in 1989, it called for an aquarium, too, and that would be at the yellow buildings.
We would see a connection into what is going to become the Performing Arts Center, and then having
eventually — right now, that does not exist, but to be able to even have a pedestrian connection from the
Performing Arts into the park. So what you start seeing is pieces — how the rest of the City, the Omni,
with Park West, with the rest of downtown start getting connected. And our FEC (Florida East Coast)
Bicentennial portion of it really becomes the heart. Some examples from other cities on bridges. And
again, this is just images that we want to show you. This is one in (unintelligible). Again, it's — it could
be an architectural piece, something that you can see through, something that is moveable. I understand
there's something also, swing bridges where you can also have — this bridge would move itself and to
allow again for the ships to be able to come in. The edges could be treated in a way — again, this is
Battery Park. Walkways could actually become art pieces in themselves. Tree line within the park on the
urban area. And we think the part — the heart of Bicentennial would be the park, itself. What could be a
smaller version of Central Park in Miami, the Boston Commons. On this one -- this one, I didn't see, but I
heard a lot about it. And this is in Havana, Paseo del Prado.
Vice Chairman Gort: It looked familiar.
Ms. Gelabert: It looked familiar, yeah. I left too young. But that one, the idea is it's something that
makes the connection into the water. Again, if we can think about what other cities have done, most of
them, they're facing the water. You have those accesses just coming right into the water. And we could
create that. It would end up at the water slip. It would end up at the bay. And the space, itself that this
opening would create would also be something, the spaces that would be along. So we're doing again an
extension of Bicentennial into the Park West, into an urban fabric. Again, this is the site as we're
proposing it, as the uses could be further developed.. This would be what the recommendation of the
department would be. We have considered — there's another option that I'm about to show you, because
there has been a lot of conversations on the past of what — if a stadium should come. If a stadium should
come, the way we would see that happening, it would take the parkland. But we feel then the mixed use
buildings, and revenue -making buildings and museums should wrap around the stadium, in order that the
stadium doesn't become a free-standing building, but actually, becomes something that when the stadium
is not having the games, it does — it doesn't become a monolithic building, just - and we have some
activity.
Commissioner Sanchez: It's a park within a park concept?
Ms. Gelabert: I'm sorry?
Commissioner Sanchez: Park within a park concept.
Ms. Gelabert: Yeah, you could — yeah. Well, it's a — the ballpark, the stadium would be inside, and then
the uses would be around it. It would be an activity that would take the — on this one particular one, what
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might be the deceiving is the height of it. The stadium is much higher than what you're seeing. Because
of the limitations on the computer and the time we had, we tried putting it flat so you could see that we felt
that, even if it's not a recommendation, that if, in the event that this was a scenario to consider that
building should be wrapped up, just to become part of a one component, one building with uses that would
be activated along the edge of our park. On this one, I have some numbers, and I have to say thank you to
the firm of Sharpton and Brunson, and Mr. Thomas (unintelligible) is here with us. I — he did this pro
bono as a favor. I explained numbers is not my strength. And I was able to give him some rough numbers
of the square footage that we were contemplating, and he was kind enough to give us these rough numbers
on what could the buildings, the revenue generating buildings be able to produce. And we have
approximately — and again, these are rough numbers, because I have him rough square footage — it's
twenty-seven million dollars ($27,000,000) on gross, on the leases that these buildings could produce.
That would be taxes, close to two million, eight hundred. That part of it could represent a million for the
City. On construction cost, we have a hundred and thirty-five million dollars ($135,000,000). Again, all
this — the only calculations are on the buildings that are income. I have not done anything with the
museums. I have assumed the museums might not be generating revenues, so I concentrated only on the
buildings. This is the existing condition looking west on the slip looking out to Biscayne Boulevard.
What we would be proposing is something that would — could become this, where we would have a plaza
at the end of Biscayne Boulevard, where we would have a walkway along the Miami' Arena where people
could come and gather. And this could be the plaza we have for downtown Miami on the water, where
perhaps water taxis could start coming into here and go into Dinner Key, Watson Island, Miami Beach,
and then this becomes active. And the trees behind is the green space. And this becomes the heart of the
boulevard and of downtown. This is looking east, Bicentennial and I — and — existing. And this is — and
this is a photomontage. These are not perhaps Miami buildings, but what this attempts to do is to tell you
uses could be along the water, it could be activated, we could have restaurants, we could have activity,
steps that might be going down to the slip, boats that could come in, pedestrian connections into the other
side of the arena, and right behind it, there would be a park, an urban park. And that's it.
(APPLAUSE)
Commissioner Teele: Mr. Chairman. I want to thank you. I want to acknowledge and thank the Planning
and Zoning staff for giving us the benefit of their professional input. I have been in government, and
especially here in local government long enough to know that the last people that get to make input
traditionally are the professionals that we pay, because the people that have these interests, as I
commented in the paper recently, do what works in America, and that's free the marketplace. Start
moving it, and the next thing, you're talking to lawyers, you're talking to lobbyists. And I really
appreciate -- I've never seen that scene of — was that Amsterdam?
Ms. Gelabert: The last is Copenhagen, Denmark:
Commissioner Teele: Copenhagen, Denmark.
Commissioner Sanchez: Copenhagen.
Commissioner Teele: Which is a beautiful, beautiful scene. I've never seen that. And it's certainly not
something that I have ever considered a thought of or would have thought of if you'd given me a planning
book and I would have had a year to think about it. So it raises the possibilities. But I really appreciate
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the professionalism, and particularly looking at scenes . around the world, because I really do think that
Miami is destined to be an international site, and we need to draw upon the best around the world. So
don't be mad at me down the road if I don't follow all of your advice, but I really appreciate it. I really
do.
Mayor Carollo: Well, I think I agree with everything Commissioner Teele said except one thing. We're
not destined to be an international site.
Vice Chairman Gort: We are.
Mayor Carollo: We are. What we're destined to be is the main international City, not only for these
United States, but for the world in this coming century. Again, congratulations on the plan and the
different concepts that you presented. But this is a prime example of just what potential Miami has.
There is no city in America, no major city, and I would probably venture to say few, if any, anywhere else
in the world that have as much prime waterfront land that basically is still virgin like Miami has, and
particularly land that is so unique that everyone that has a great idea, a great concept would want to come
to Miami and present a plan. Now, great cities need to have great park areas. But as the world changes
and has become more globalized, so has the concept of parkland also become modernized. And what we
have to do is take a page from other great cities and see how they have developed some of their park areas
in the past years, also. For instance, here in Miami with the tropical heat that we have, and at the same
time, having so many small parks throughout so many parts of our City — except for Little Haiti — the
concept of having one, big, huge, 15, 20, 40 acres or more of just pure open parkland really doesn't work
in attracting people unless you have a mix that will attract people to it. This particular piece that we have
here has one major problem before we could really open it up into any concrete plan, and that is that the
piece is completely surrounded by either water or traffic where people can't get to it. On one side, you
have the water inlet next to the American Airlines Arena. So you're blocked from people crossing over
from Bayfront Park, Bayside, the American Airlines Arena site and crossing over easily. On the backside
of the property, you have the bay. You're blocked there, too. The other park, you have the expressway.
And then in the front, which is your narrowest of all your different entrances or exits, you have water
plants that it would be too costly to move. It takes a good, portion of it. And then the other area, you have
several hundred feet, which is in the curb, which is in the toughest area, right next to the expressway, to
get people in. So what I conceive that we need to do in this piece of property to open it up for Miamians
and visitors to enjoy, before we really get into any major concept or idea of how we're going to go about
in developing this parkland for the use of our residents to enjoy, is that on the inlet that we have there, we
need to fill most of it, at least. Now, once you do that, now you've created a passageway where people
can enter the parkland easily. If we leave a small marina on the tip of it, it, I think, would go along with
the other marina that we have at Bayside, and it would be another small, nice marina that could be used
for any projects that we have in that area. I think that a good portion of that land has to be green space,
but at the same time, we have to bring other attractions to that piece that will help us attract people to it to
enjoy, and at the same time will bring in the dollars that the City needs for the upkeep of that land and for
the City of Miami to be able to progress. A prime example of what we could look at, at what we did was
right next door, Bayfront Park. By this City having done what it did in Bayfront Park, we created more
usage and more people going to Bayfront Park than ever before in its entirety history. Why? Well, we
took a piece of it and we created Bayside. The rest of it, we made a mixture of uses where people can now
come and enjoy the rest of the parcel. And you have a complete walkway between the one end of the park
to the other, and people can go through the park and enjoy the amenities that are there, and then be able to
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go to Bayside and get something to eat or enjoy some of the shops that are there, some of the other
activities that are family oriented. What I'd like to propose to this Commission is something very simple
that I believe might be the first step that we could all possibly agree upon as we move forward in deciding
what — how to go about in developing this urban park setting that we have here in Miami. And what I'd
like to propose to this Commission to consider at this time, or to bring up at the next Commission meeting
is to fill in the bulk of that inlet up until wherever the street is going to be built on the American Airlines
Arena parcel next door where we could still leave a small marina at the tip of it, but the bulk of that slip
would be filled. And then you have two additional small inlets in the Bayfront Park side. The slip is FEC.
It's part of the old FEC parcel. The two small inlets that you have in the Bayside of the Bicentennial tract
that are combined a little over an acre, to fill those in also, so this way you have a straight line across, and
it would make for a better walkway into the future more attractive. And I'd just like to bring this up for
discussion and see what the Commission thinks.
Vice Chairman Gort: Mr. Mayor, my understanding is we named a committee, which the committee was
made out of the different groups — business people, people of downtown, (inaudible) people to try to come
up with the master plan. And I think what the Planning Department has put together will give some idea
to this group of people from downtown, from the private sector, people that are presently there in the
Arena. And I think now that they have this presentation from the Planning Department, they'll have a
better idea of what's in there. Personally, and I've always stated this, and I'll say it constantly. To me,
one of the best projects that we've done in the City of Miami, the best project is Bayside. Bayside brings
thirty million people a year, visitors to downtown Miami. It produces, my understanding is — and correct
me if I'm wrong — one point two million dollars ($1.2 million) direct revenue to the City, plus the taxes
that are being paid by the building itself. And still, we have a lot of green areas. And when you look at
Flagler Street, Flagler Street opens up right into Bayfront Park, that fountain that we have there, and goes
into the water. I personally would like to see something that maintains some green areas open, but at the
same time, they produce revenues for the City of Miami. This is a commitment that we have made. And I
think with all these people getting together in this committee, we can come up with some concepts, with
some great ideas. I think filling up the land is a great idea. I don't have any problem with that. That
should be considered by this group, also, in my personal opinion.
Commissioner Sanchez: I'm not speaking on this issue. I — Mr. Vice Chairman, I stated that one of my
Commissioner items I wanted to be heard at 3 o'clock, because of the citizen participation that was going
to be here, and I would like to bring that up since everyone is here, and that's pertaining to the Miami
Children's Museum, which is one of my discussion items, if the Commission would allow me to.
Mayor Carollo: Commissioner Gort, I have a mayor from out of the country that I have to attend to
briefly. If you could chair the meeting until I get back. And if for any reason before I get done you get to
Item 28 — it doesn't seem like it will happen — if you could hold that up until I get right back.
Vice Chairman Gort: No problem.
Mayor Carollo: Thank you.
Commissioner Sanchez: Mr. Vice Chairman --
Vice Chairman Gort: Go ahead. Call your item.
136 6/29/00
Commissioner Sanchez: Thank you so much, Mr. Vice Chairman. Through the advances of technology
and the professionalism of Planning and Zoning, which they put a beautiful presentation -
Vice Chairman Gort: Excuse me. Wait a minute, wait a minute. I'm sorry.
Commissioner Winton: (Inaudible Comments).
Vice Chairman Gort: Is there any other additional —
Commissioner Winton: Well let me — then if you don't mind, Commissioner Sanchez, I have a couple of
comments I want to make on Bicentennial Park.
Commissioner Sanchez: No, I would yield.
Commissioner Winton: I think the staff has done a real good job of creating some food for thought here
that the existing Bicentennial Park Study Committee can now work with. But it seems to me what we
really ought to do is there are some issues, including the one Commissioner Sanchez is going to talk
about. I think the pressure is going to increase to make decisions about what we're going to do with that
great piece of land. So it seems to me that we ought to set some new guidelines for the committee. And
one is that we give them a time certain date by which we would like them to finish their master plan. With
that, I would like them to consider a couple of things. One is the idea that was here, and it was also an
idea that Maurice Ferre brought forward, and that was to create a direct linkage between the east side of
the boulevard and the west side of the boulevard by literally taking the park west. And that creates the
direct linkage that we've been struggling with mightily from the very beginning. And without that direct
linkage, we're going to fail. So then I hope you would consider that. The second part that I would hope
that the committee would consider — and this is going to be the hard part. It's one thing to get a bunch of
folk sitting around the table and to draw a bunch of pretty pictures that will never get implemented. And I
don't think that's what the mission this go around will be. I think we should charge the committee with
the responsibility to develop a plan, and to simultaneously or subsequently develop the funding
mechanism for implementing the plan, because without the funding mechanism, the only thing we have is
pretty pictures. And the pretty pictures will only lead to additional debate, and battles, and a long-term
indecisiveness that could clearly be or lead to the complete downfall of that piece of land. And I don't
think any of us want that. So I guess maybe we need a motion here to create some new objectives for the
committee, I would guess. Do we have to have it in a motion, or can we do it in some other mechanism?
Vice Chairman Gort: I think you can instruct the — we can all give instructions -about what we'd like for
the committee to look into.
Commissioner Winton: And how —
Commissioner Sanchez: Johnny, if you would yield.
Commissioner Winton: Please, please.
137 6/29/00
Commissioner Sanchez: I mean, we did that. We asked different committees — I know the Bayfront
Committee and Downtown, DDA (Downtown Development Authority), and I'm not sure who else put
together what they wanted in a master plan, including the City, of Bicentennial Park. And what we've
done in the past is we've put all of those committees together to put one master plan where it's been able
to have a lot of public input and suggestions on it. And I know that one of them — there are several issues
that continue to be on every master plan, and those, I think, that will be agreed to put on that master plan.
Of course, there's going to take a lot of debate, and there's going to be a lot of discussion here on this
Commission pertaining to the — you know, developing the park. But I think we've made significant
improvement in putting all these committees together. And now, what they're trying to do is create a
master plan that, of course, is acceptable to the Administration and us. Now, if you want to direct them on
what they should have there, like what percentage should be developed, what type of activities, what type
of projects, I think that's a great idea for us to do that.
Commissioner Winton: Well, it seems to me the,only thing I'm looking for is a time certain deadline for
completing the plan, significant public input, as you suggested, and also developing the financial
mechanism for implementing the plan, period. And that's all I'm — those are the three elements that I'm
looking for here.
Commissioner Sanchez: Why don't we ask the Administration to ask that committee to do a presentation
to this Commission, and basically give us what you've done already, since the last meeting that you had.
Now, the committees are all together forming one, so I think that the information that could be provided to
this Commission is very prudent.
Commissioner Winton: Mr. Bush, you're on the committee. Do you think that — from a time standpoint,
how much time does this committee really need to do its work? Can we do it in three months? Is it going
to take six months?
(INAUDIBLE COMMENT NOT INCLUDED IN THE RECORD)
Commissioner Winton: Between three and six? So maybe we provide new direction and give this
committee six months, and encourage it to be done in four. In fact, let's give them four, and maybe we'll
have to stretch it to six to get a real master plan back to this Commission, including the financing
mechanism.
Commissioner Sanchez: Well, I don't know how you — I think the Commission would have to appoint a
Chairman, correct?
Commissioner Winton: Who's Chair?
Vice Chairman Gort: Johnny, this is in your district so —
Commissioner Sanchez: They're saying that they need a Chairman.
Commissioner Winton: All right, I'm Chair.
Vice Chairman Gort: This is in Johnny's district so —
138 6/29/00
U
Commissioner Winton: Fine.
Commissioner Sanchez: Johnny, I move. You second?
Commissioner Winton: OK. Done.
Commissioner Sanchez: We got to vote on it.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 00-550
A MOTION DESIGNATING COMMISSIONER JOHNNY WINTON AS
CHAIRMAN OF THE "COMMITTEE TO DEVELOP A MASTER
PLAN FOR BICENTENNIAL PARK"; FURTHER STIPULATING
THAT SAID COMMITTEE SHALL REPORT BACK TO THE CITY
COMMISSION WITHIN FOUR MONTHS, WHICH DEADLINE CAN
BE EXTENDED TO SIX MONTHS, IF NECESSARY.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Vice Chairman Gort: Get it done.
Commissioner Teele: But I -- on the issue --
Commissioner Regalado: Excuse me. I — this master plan is what we all are waiting for. But that doesn't
mean that the Commission would not be able to listen to proposals. Like we're going to listen now to the
children's museum. And if that is the case, we could be moving forward with the children's museum or
any other.
139 6/29/00
Commissioner Teele: See, that's the —
Vice Chairman Gort: I don't know. That's —
Commissioner Regalado: No, no, no.
Commissioner Teele: Yeah, but that's the jackpot everybody is getting ready to get in.
Commissioner Regalado: That's what I'm saying.
Commissioner Teele: That's the jackpot. You can't have it both ways.
Commissioner Regalado: That's what I'm saying.
Commissioner Teele: Now, you cannot have it —
Commissioner Regalado: So it's either we — we are pressed by time. Johnny is saying something that
he's right. I mean we have — we are going to have more pressure every day on doing something. In fact,
we should put pressure on ourselves, because, you know, this Class of 2000 cannot be remembered as a
Commission that just did studies and committees. We have to show the people of Miami that we want to
do something. And so that's why I want to be clear on that. That would not preclude from other projects
to be coming before this Commission.
Vice Chairman Gort: Commissioner Regalado, my understanding is projects can come in front of us, but
unless — if they don't fit with the master plan and if we don't get an opinion, you will start to piecemeal
this property, and that could destroy any future development that could take place. And that's the one
think you have to be careful, because, let's face it, the biggest problem that we have with Bicentennial
Park, everybody wants to use it, but nobody has come and talked to us. First the Marlins, then you have
all the museums and everybody announcing that they're going to go into without talking to us. I have a
problem with that. I think there's a master plan in there. We should put that together. The museum
should be in it as part of it, and then we have to make a decision.
Commissioner Sanchez: Can it be done in three months?
Vice Chairman Gort: Yes.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir, Commissioner.
Commissioner Teele: Mr. Chairman, you know, there's no need in talking around this. And I agree 100
percent with what you've just said. Look, we don't need a master plan at all if we're getting ready to start
putting projects in there. You know, that's sort of where the rubber meets the road on this thing. If you're
going to have a master plan, then you can't put projects in there. If you want to put projects in there, then
there is no more master plan process. And that's sort of — you know, everybody wants to go to heaven,
nobody wants to die.
140 6/29/00
Commissioner Sanchez: Steve Clark.
Commissioner Teele: That's where -- he got it from me first.
Commissioner Sanchez: May he rest in peace.
Commissioner Teele: He got it from me on the Commission. But the fact of the matter is — and I got it
from Flip Wilson. But the fact of the matter is, is that there is a very real pressure, and it's a legitimate
pressure. And it's not a pressure being run by the Gucci paid lobbyists. It's a community pressure. There
are time lines that are coming up. There are very real issues that the public would like to get an answer
on. And I've said publicly, and I've said privately, going back for six years, the children's museum,
which I supported in '93, '94 when it was going to be in Kendall Drive, and I stared down all those folks
in Kendall Drive. I came back. When they wanted to put it in Vizcaya, I strongly supported it. I think it
was a tragic mistake that we didn't put it in the Roads, which is the logical place for the children's
museum. So now, we've got a children's museum that's being bounced around, and losing money,
hundreds of thousands, millions of dollars by the day, while we try to figure out what we're going to do.
Now, I'm for a master plan process, but I'm also for making decisions. But I don't think we can say we're
going to have a master plan and then start saying what we're going to put there, because if we put the
children's museum, or the Dutch museum, the science museum or, you know —
Commissioner Winton: Or Johnny Winton's museum.
Commissioner Teele: -- or Johnny Winton's museum, you don't need a master plan after that process. I
believe — I don't know who on the City is guiding this master plan. Who is the City staff person that's
guiding this master plan process? Is there anybody that is standing up and saying they're -- See, this
master plan process has wound up being something—
Commissioner Winton: I think we just made that decision today.
Commissioner Teele: No, I'm not talking about the Chair. I'm saying who's the real person that's
working 7 a.m. to 10 p.m. trying to make it work, the City staff person?
Commissioner Sanchez: Mr. Bush. And he's not with the City.
Commissioner Teele: Ana, do you all have this under your radar? I mean, are you all managing this
process?
Ms. Gelabert: We have not been managing the Bicentennial. What we have done is what you saw today,
which is the planning. But we would be more than happy, you know. I don't think one single department
has handled the Bicentennial master plan. We have several departments participating in the committee
that was established with Commissioner Sanchez — the Parks Department, the Real Estate, Planning —
that's what you have today.
Commissioner Teele: Well, I'll just conclude on this Bicentennial issue, because I asked for the
presentation that the Planning Department did, because I've had people contacting me from all over this
141 6/29/00
City. And the thing that I've said repeatedly is that there is a master plan process. I assumed that the
Planning Department was pretty much the staffing for this. And I really do believe that if the process has
not been working for the last 90 days, then, you know, I think we ought to move ahead. I mean, if what
you're telling me now is that there really hasn't even been a process, then we're just sort of, you know,
playing the old, "I don't want you involved, I don't want you to do it" kind of thing. And we're here
today on June the 29th. I'm prepared to vote today for the children's museum. But I'm going to tell you
that if we vote for the children's museum, I'm not going to tell anybody else they can't present until after
the master plan. You can't have it both ways. So I'll support keeping the master plan process moving
forward. And I'm going to support the children's museum if you all bring it up on the table today. But
the simple fact of the matter is once you break the code and put one in, it's a free-for-all for everybody,
and just line up right outside the door and, you know, whoever gets three votes, it's the old rule of Miami.
That's the way it works.
Vice Chairman Gort: Commissioner Teele, my understanding is one meeting took place. I think one step
that we've taken today. The problem that you're having is change of Administration while this was going
on. You had your first meeting while there was one Administrator. Now you have a different
Administrator. I think giving the Chair to Johnny, he can call the meetings, and he can get all this group
together. And our Planning Department should be involved, and so should Public Works and Real Estate.
All our departments should be involved in this.
142 6/29/00
Commissioner Sanchez: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: Is the Planning Department - and you just saw the presentation they put
forth. Every master plan that has been done by the Bayfront Park, the DDA (Downtown
Development Authority), have all been very similar in many ways. They have several projects
that all fall within that master plan, and the deal is that in the two years that we've been -- that
I've been here in this Commission; we have yet to put out an RFP (Request for Proposal). We
talk a lot and nothing is done. And, yes, we're getting a reputation of being a Commission that
does studies and study after study and charette after charette and nothing is done. Let me just
elaborate on one thing. The item that I wanted to bring forth -- and it's my Commission item.
It's the Children's Museum, because it's very dear to me because it's in my district and it created a
lot of bitterness in my district because, although, I supported the youth museum, I had to take --
excuse me?
Commissioner Teele: It's in your district.
Commissioner Sanchez: It was in my district, the Roads, where they picked the site. But if I
may?
Commissioner Teele: You put it out.
Commissioner Sanchez: If I may? And I just wanted to elaborate a little bit on this. When it
came out in my district, there was a lot of concern between the homeowners and the youth
museum. And I was in a very awkward situation. I met with every one and heard everybody's
side and I finally had to make a decision and my decision was to help them try to find another
location. That was the agreement that was set forth between the homeowners and the youth
museum. They did not want to feel like the skunk of the family picnic in those neighborhoods.
So, the agreement that was reached between all parties was that everyone was going to work
together and try to find a site that was acceptable to them. Everyone is in support of the
Children's Museum going to Bicentennial Park. Now, they will elaborate when they come forth.
I want to bring my item up to be discussed.
143 June 29, 2000
Vice Chairman Gort: Go ahead. Bring it right up, sir. Get it out of the way.
Commissioner Teele: Bring it up.
Commissioner Sanchez: OK. The Miami Children's Museum, which I believe will have the
support of the Commissioners, is an organization that, today, has been bounced around from
location to location and as Commissioner Teele stated, they had been losing federal grants, local
grants and money day by day as they moved around. The Miami Children's Museum today has
raised seven point one million dollars ($7,100,000). They are ready to build. The construction
documents are all completed and they are ready to break ground immediately but, of course, they
had some problems with the site and they are looking for another site. The only thing that they
lack -- they have the funds; they have the leadership, and the only thing that they are lacking
right now is a site. The museum is committed to providing programs to all in the community,
and I think that's being put together in the master plan. Everyone that put together a master plan
thought that the Bicentennial Park was an ideal site for the museum, and they've asked to come
here and talk -- you know, address the Commission and ask for the support and see what we
could do to accommodate them or find ways to put them in the master plan, which I want to
state, once again, the DDA did a master plan and put them in the Bicentennial. The Bayfront
Park also did a master plan study and they were also put in there and, told them they risk losing
those funds. I went to Tallahassee with them to ensure that they did not lose their funds. And it
was a very hectic day in Tallahassee, but we got the commitment that they would not lose their
funds. Because if we agree on one thing, is that the Miami Children's Museum is an excellent
idea. The only problem was that it was not agreeable on the site and through communication and
working together, I think that both homeowners, the Vizcaya Homeowners Association and the
Roads Homeowner's Association and there is another home -- the Brickell Homeowner's
Association also agreed that they would support the museum in helping them find a site. So, as
the Commissioner for that district, I would ask that they come in front of this Commission and
explain to you what they need because they are going to lose their funds and we don't want to
lose them. We are competing with other cities that want to take them away from us and I think
that, if you have the money available to do it, all we have to provide is a site, and I know that
they have agreed that they are willing to pay rent -- I mean the gravy train is over. They are
willing to pay but they are not going to jeopardize losing the funds that -- not allow them to build
the museum. So, if I could have the counsel, which is working pro bono -- and as Commissioner
Teele stated, this is a community pressure, not big time lobbyists that are pushing for this
program. It's good for our community. I would hate to see it go away and I think it's an ideal
site to have them there at Bicentennial Park. So, counsel, you have the mike.
Ms. Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell
Avenue. We're here today before you on behalf of the Miami Children's Museum, which is
looking at a home by Bicentennial Park. We have a long list of people with me today and I'd just
144 June 29, 2000
like to take a moment to identify them and then we're going to have a few speakers. Debbie
Spiegleman, Interim Director of the Miami Children's Museum, Louis St. Clair, architect with
Architectonica, Rafael Peruyera, project consultant, Sam Terelli, the Miami Children's Museum
past president, Mariane Divine, Vice President of Miami Children's Museum, and Senior Vice
President of Bank of America, Jacqui Colyer, also a board member of Miami Children's Museum
and resident of Overtown, as well as deputy of operations for Lockheed. Tucker Gibbs, who is
here today on behalf of Miami Roads Association and the Vizcaya Roads Association, as well as
several individuals from the Roads Neighborhoods Associations. Dick Lampen and many
others, unfortunately, who could not be with us today because they are on vacation...
Vice Chairman Gort: Not in my back yard.
Ms. Pardo: Pardon?
Vice Chairman Gort: Not in my back yard.
Ms. Pardo: Adolfo Henriques, the campaign chair, Alan Potamkin and Norman Braman. Today
you have the opportunity to really make a difference; to provide the children of Miami an
enriched education with a state of the art Children's Museum, one which would be a showcase
for the City of Miami and a model nationwide. This museum is not a pie in the sky. The Miami
Children's Museum is ready to be built. They have the design plans; they have raised over seven
point one million dollars ($7,100,000); they have community support and we're the only major
city in the United States, which does not have a children's museum. There are 350 children's
museums in the United States. And 26 of those museums are in the process or currently being
built in downtown neighborhoods in order to revitalize those areas. And for that reason, we
think that Bicentennial Park would be an excellent location. We're looking for one acre,
particularly the northwest corner -- Debbie, would you hand out the books to the Commission?
We're looking for one acre, preferably, in the northwest corner for this museum. As
Commissioner Sanchez has stated, there have been master plans done in the past. Particularly,
there was one done in 1989, which did include museums, and the presentation that was done
before you today by the planning department also included museums. In many of the famous
parks around this -- the United States, all include -- many of them include museums. Therefore,
museums would generate people. It would bring people -- the citizens of Miami. It's a central
location for all the citizens of Miami. Those who can afford it, as well as those who don't have
as much money to come to it, and it would be a wonderful attraction for the tourists. Tourists go
to all different cities and then, when people go, they are taking their kids to the Children's
Museum. This would be a dynamic place for it. The key with the Miami Children's Museum is
that they've raised the seven point one million dollars ($7,100,000), but they are in jeopardy of
losing those funds. Unfortunately, just last night, they heard that the State was taking away five
hundred thousand dollars ($500,000) because they don't have a specific site. And there is
145 June 29, 2000
another million dollars ($1,000,000) from the State that is in jeopardy, as well as five hundred
thousand dollars ($500,000) from the Safe Neighborhood Program, which just this past Thursday
said to the Children's Museum, by December of this year, you must have a firm location,
otherwise you're in jeopardy of losing that money, too. That would be basically a total of two
million dollars ($2,000,000). It's such a waste. I mean, this museum would be such a coup for
this community, for everybody within this community, and we shouldn't let it disappear.
Commissioner Regalado: Question. What would it take for the board not to lose any more
money? Is it an intention, a commitment, a direction -- for instance, a direction of the
Commission to the parks committee to include the Children's Museum in the master plan?
Would that be a firm commitment or you really need some agreement -- signed agreement in
order not to lose the funding?
Ms. Pardo: Ideally, the best case scenario would be for this Commission to carve out an acre and
instruct staff to work with the museum as far as entering into an agreement. However, if that
could not work, then we would say, please include this museum in the master plan but have the
committee come before you -- I mean, preferably, I know that there is the important -- some
people say they want to make sure that there is public input and a public hearing. We have no
objection to that. But if that could be done in August or September of this year, at the latest have
a plan -- a master plan brought before this Commission in October, but today have a statement
made that you want to include the Children's Museum within Bicentennial Park. Otherwise, the
Children's Museum, in order not to lose funds, they need to be in the ground and start
construction in the spring of 2001. Now, we still would have to -- if you have the master plan,
we have to wait for the master plan to come back before you. And if it's decided at that time that
you want to include it or today, we still would have to enter into some type of lease negotiations
with the City, and that takes time. As well as, the code -- the zoning ordinance requires that, for
any buildings over three thousand square feet in a park designated zoned area, which this one is,
we have to have a major use special permit, which requires public hearings before the planning
board, as well as the City Commission. So, there is a lot to be done. And they want to work
with the City but we need direction if you want the Children's Museum here. They can't wait
two years. They don't have two years, nor do they have six months to wait for a master plan to
come back to the City. We need a direction. We don't think, if you took an acre that that would
ruin any other plans because this museum can co -exist with many of the various options that are
being discussed within the City, and they would be happy to live with any of those options. And
we have a wonderful presentation. I'd like you to see the rendering because I think they are so
important and you could see really how incredible --
Vice Chairman Gort: Let me ask you a question, for the sake of time. We have still planning and
zoning to go and we have a couple of items to go and if we let everybody speak here, we're not
going to go anywhere. Let me give you a suggestion. You have Watson Island. There are some
146 June 29, 2000
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events that are taking place there already. You say you have the money. There are some
permitting going place. I don't know if you recall, the Watson Island, we're working on the
convention and visitors bureau, they are supposed to have the building there. That is coming
along pretty much ahead of time. In Watson Island, the -- we're supposed to construct there the
heliport or the airport and the convention and visitor bureau.
Commissioner Regalado: Actually --
Vice Chairman Gort: Right across from Watson Island, we have the Parrot Jungle.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Regalado: The Commission appointed me in your place to the Greater Miami
Convention and Visitor's Bureau. I attended my first meeting last Tuesday and the board has a
resolution urging the administration to move forward because they either have to start building or
they are going to lose some funding. They are going to have a problem.
Vice Chairman Gort: We're in the same situation. That's why I am bringing this up.
Commissioner Regalado: And -- no. But what I'm saying is that they are going to meet with the
City Manager. The chief of staff of the City Manager, Chip Iglesias, was there and the resolution
was unanimous. But I think the administration is holding that project because of the talks with
the port expansion issue, and, you know, if we were to tell them that the Children's Museum will
-- Watson Island will be an ideal place, it would fall into the same black hole that the Miami
Great -- Greater Miami Convention and Visitor's Bureau is falling. I'm telling you, they are not
going to build there because they are going to have to go somewhere because of the port deals,
change of Managers and all that. I -- you know, I --
Vice Chairman Gort: Just a suggestion, guys. If you want to go through a presentation, that's
fine. No problem.
Commissioner Regalado: No. I -- but one -- just a brief comment. I really think -- and,
Commissioner Sanchez, I really commend you for bringing this issue and for the Commission to
listen to. I really think that we should, today, make some kind of commitment to this museum
because -- I mean, it's something that we owe to the people of Miami, to the children of Miami
and, you know, we have the resources, they have the money. They want to do it. I mean, what
else we want? So, --
147 June 29, 2000
Commissioner Winton: Mr. Chairman?
Vice Chairman Gort: I don't have any problems. I think we all believe it's a great place. But the
only thing we are discussing here, where should they be at? Because right now I am telling you,
Bicentennial Park is wanted by every one. We have the museum back there, the museum of
science. They are going to be the second one requesting it. Then the other museum, what do
you call that port?
Commissioner Sanchez: Well, if they fall under the master plan --
Vice Chairman Gort: Well, you know how many museums are going to fit under the master plan,
OK. I just want you to think of all those things. Because I've met with them and I told them
what I'm telling you right now, in public, and I told them that. You guys, we make the decision.
Commissioner Winton: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Winton: I also feel strongly that we need to do everything that we can,
everything in our power to see to it that the Miami Children's Museum gets built in the City, and
we can't lose the funds. This is a big -- it's a huge struggle making a decision -- making the
commitment today. To carve an acre out of the park is the tail wagging the dog. In terms of site-
specific, no question about it. But what I'm -- and I'm going to kind of struggle here a bit and
kind of thinking out loud. Our committee is making a commitment to be finished with its master
plan in four months, six months, at the maximum, and maybe, maybe we can speed this process
up. And you shake your head but you guys have focused on one site and one only and giving us
no alternatives. So, that's not my fault. I didn't focus on one site and one site only. You did.
And what we're trying to do is create an opportunity here to -- we've got a piece of land here that
we have one shot with and we're going to take that shot here very soon, and we don't have
another shot with it for the next 300 years -- 100 years maybe. Some great length of time. So,
this is our shot and we can't have the tail wagging the dog to make that shot. Now, I want to
figure out a mechanism here to meet your needs. We all -- I agree with what Commissioner
Sanchez has said. And every single master plan that anybody developed, there has been a
statement that museums belong in a park. I personally agree with that statement. I think most
every one else does. So, the question is, how we can move forward and get our plan developed
in a fashion that says, at the end of the day, that here is where what kind of museum fit in this
land mask, and that's what I'm struggling with. We want to help. We want to be there. I want to
be there. But I don't want to. make a commitment today that has the tail wagging the dog and we
put something in some particular geographical boundary here that completely screws up the long
term plan for the park. So, I guess what you need to do is give me some more detailed guidance
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in terms of time frames. What's the time frame -- what's the -- and don't give me the wrong
answer here. What's the -- what is the absolute maximum amount of time we would have to get
you an answer before you're in real jeopardy?
Ms. Pardo: September 30, I'm being told. September 30.
Commissioner Winton: September 30.
Commissioner Sanchez: Or they lose it.
Commissioner Winton: Would you --
Ms. Pardo: For a site? You're saying for a site?
Ms. Deborah Spiegleman: You're saying for a specific site within the park? We would have a
definitive --
Commissioner Winton: I can't hear you.
Commissioner Sanchez: State your name.
Ms. Spiegleman: Deborah Spiegleman, interim executive director of the museum, 701 Marina
Boulevard is where our offices are located. Commissioner, last night I got a call from the
cultural facility office and as of last night, they took half a million dollars ($500,000) from us
because we did not have a site. I feel that if we went back to them and told them that we were
being very seriously considered, and I would have a time certain time frame, perhaps I could get
60 or 90 days from them and recoup that grant. I have two other State grants that are under
serious jeopardy. They are old grants. We've gone through amendments. The State has worked
with us in the past. I also received notification that they would be sending me a letter to close
out those two grants. And I have an amendment --
Commissioner Winton: I understand.
Ms. Spiegleman: Appeals process.
Commissioner Winton: Then, Commissioner Sanchez, as the Chairman of this committee -- and,
by the way, this being in my district, I would be willing to accept the commitment that the
planning group will take into consideration, serious consideration, as Debbie just said, serious
consideration the placement of the Children's Museum in the Bicentennial Park in our master
plan and we will work as fast as we can to get the kind of masking done that you have to do in
149 June 29, 2000
this planning process that may allow us to begin to zero in on something. And I think we could
make that commitment.
Commissioner Sanchez: Johnny, if I may. I agree with you. I don't want to start breaking up the
master plan. It's really not fair. It's a matter of principle and it's not fair. But the matter that we
need to take into consideration, the matter of the fact is, that they have the funding available.
Seven point one million dollars ($7,100,000) to get the project up and if they don't have a
commitment of a site, they are going to lose that money. The difference here is between them
and others -- and we don't want to exclude anybody out -- is that they have the funds. And if
they don't have a commitment of a site, then what's going to happen is that they are going to lose
those funds. So, if --
Commissioner Winton: I understand.
Commissioner Teele: Mr. Chairman, look, we need to be very careful here. I don't know how
many times and how many ways I can say, at the end of the day, I'm going to support the Miami
Children's Museum but I'm not going to support them -- that in a process that gets us so that
we're creating a precedent that is very, very impossible to defend. The reason they are here is
because the site that they had when they had the money was not acceptable and I don't think, you
know, we ought to be given the dress down treatment because one community, where it was
appropriate, refused to allow them to be there. Now, the fact of the matter is everybody has this
not -in -my -back -yard kind of thing. Obviously, the manatees are not going to object to the
Children's Museum, but neither should a lot of other neighborhoods that have objected to them.
This is a tremendous resource, but I come full circle in saying that what Commissioner Winton is
saying makes a lot of sense. And this is the problem that the Miami Children's Museum has had.
They have selected sites without really giving the benefit of the governmental agencies the
opportunity to propose sites to them. I mean, I don't know if Watson Island works or doesn't
work, but I really do think that if the Children's Museum would say, we have a project, we have
the money, what we need is a site -- and the Manager were instructed to find them a site -- you
know, you could save the money. Now -- you know, I don't want to get into double talk. If, for
some reason, we decided to shift that site from one to another, but it couldn't be like a phony site
-- like with parking you're here until we get you there -- but the fact of the matter is, I believe the
Manager and the management, given the opportunity. The problem is that,nobody ever lets the
process work. In other words, I think we should resolve today right here, right now, to instruct
the Manager to find an acceptable site and to designate a site of City facility for the Children's
Museum, not to exceed whatever the acreage is, and to report back to us, the first meeting in
September, as to what that site is. And have the notices in the newspapers because we've got an
ordinance that says we cannot grant an interest in land without a public notice and let the
Manager do that, do that, do that, do that. Now, if, for some reason, a better site becomes
available in the process, then, you know, that's sort of a windfall for you. But I think -- you
150 June 29, 2000
know, we're being asked and we're being told by my colleague, particularly, that, you know,
we're not doing the right thing. But the fact of the matter is, I'm the guy who stood up here and
said we ought to put it in the Roads. The Miami Children's Museum is not the Roads area. This
has nothing to do with the district that my distinguished colleague represents.
Commissioner Sanchez: It is in my district.
Commissioner Teele: The Miami Children's Museum's site for the Roads was rejected the last
time I checked. Are you all in the Roads?
Ms. Pardo: No. I wasn't rejected. It was approved by the City Commission and then it was -- it
had to go over.
Commissioner Teele: Rejected by the --
Ms. Pardo: No. It wasn't heard by the County Commission. It wasn't rejected.
Commissioner Teele: And the refusal to hear it is tantamount.
Ms. Pardo: No, it wasn't refused to be heard. There was great neighborhood opposition with a
large threat of litigation, which would postpone everything, so the Children's Museum said --
Commissioner Teele: Was it ever heard at the County?
Ms. Pardo: No. The Children's Museum said we want to be a good neighbor and we will work
with the community to look for another site.
Commissioner Teele: But that's the point I'm trying to make, is that this City has worked with
you. Give us a chance to continue to work with you. And, I believe that the appropriate motion
is to instruct the Manager to find a site for them that is acceptable to the management and to all
of the committees and commissions and, most of all, the Children's Museum, and to report back
to us within --
Ms. Pardo: Could you come back to the July meeting because --
Vice Chairman Gort: Commissioner Teele?
Commissioner Teele: Whatever Commissioner Sanchez would like to do. I mean, I -- you
know, I keep saying -but -- but what I don't think is that.we should be made to believe that it's our
fault or that the Commission is not acting by giving a specific site because that's just not the case.
151 June 29, 2000
This Commission has been extremely helpful to the Miami Children's Museum.
Vice Chairman Gort: Commissioner Teele, there is a couple of action that we have to take. If
you all recall, because the Carollo amendment. Now, my understanding, the south side of
Watson Island -- just talking to staff -- it's already been given to the Sports Authority, that they
can move on and it's sufficient site in there, according to the administration, where this museum
can be placed. Now, what is the total land you need with parking and everything, including
parking and so on?
Commissioner Winton: One acre.
Ms. Pardo: No, it's -- we would --
Vice Chairman Gort: No, it's more than one acre.
Ms. Pardo: With parking, it's three acres.
Vice Chairman Gort: See. Back from one acre and moves to three acres.
Ms. Pardo: Could I just make a point?
Vice Chairman Gort: Look, look, --
Ms. Pardo: We didn't ask for parking because we knew that there is an over all master plan for
the -- for a parking garage in there. There is parking across the street at Bicentennial Park.
Vice Chairman Gort: But then -- but see what happens, if we take that decision Bicentennial Park
today and give you that site, then the parking lot for the master plan will have to be right next to
you to --
Ms. Pardo: No, there is parking across the street under the 395 that they could use.
Vice Chairman Gort: Gentlemen, I think Commissioner Teele has got a good suggestion.
Commissioner Sanchez, I think the Manager can look for the site.
Commissioner Sanchez: I would like to present a motion. A motion to include the Children's
Museum in the Bicentennial plan; to instruct the staff to expedite the plan for the Bicentennial
Park and bring a proposed plan back to this City Commission October the 30; to hold public
hearings on a proposed plan later in September.
152 June 29, 2000
Vice Chairman Gort: There is a motion. Is there a second?
Commissioner Regalado: I will second that if I can add something to it, to the maker of the
motion. That the administration would be committed to find a site within the City of Miami.
Vice Chairman Gort: That should be the motion, guys.
Commissioner Winton: So, there are two parallel paths, really.
Commissioner Regalado: It's two parallels.
Commissioner Winton: So that we give extra assurance that something positive happens here.
Commissioner Regalado: For them to go back to --
Commissioner Sanchez: Or they lose the funds.
Commissioner Regalado: For them to go back to the State and say, "We are going to have a site
within the City of Miami."
Commissioner Sanchez: Mr. City Attorney.
Vice Chairman Gort: OK. Any further discussion?
Mr. Alejandro Vilarello (City Attorney): Commissioners, at the appropriate time, I need to bring
to your attention that the City Charter does limit this City Commission's ability to sell or lease
property without a fair market return to the City. Now, I don't know what their plan is and I --
Commissioner Sanchez: They are going to pay rent.
Mr. Vilarello: Well, it's fair market value. It is also subject to competitive -- being
competitively led and if there aren't enough participants, it may require a referendum. So --
Commissioner Regalado: How about if it's a lease?
Mr. Vilarello: It's the same -- sale or lease of property. Now, Commissioner Gort did mention a
lease from the City to MSEA (Miami Sports & Exhibition Authority) of a portion of Watson
Island. That's a -- perhaps that can be expanded. I don't want to suggest that that's a solution.
I'm just saying that 29B is going to have to be dealt with and it may pose considerable
impediments to going forward with this project on any City owned property.
153 June 29, 2000
Vice Chairman Gort: You have a site -- OK. Any further discussion in the motion?
Commissioner Sanchez: Well, I just -- the City Attorney just said my motion isn't acceptable.
It's --
Mr. Vilarello: The intention of the City Commission is to grant a certain right at Bicentennial
Park or any other City property, then your motion is inconsistent with the City Charter. If you're
instructing the committee to consider Bicentennial Park, perhaps there is a potential solution. I
don't know what is being proposed.
Vice Chairman Gort: They need a definite answer.
Commissioner Winton: But if the motion, as I understand it, is parallel paths here. One is that
the master plan committee is going to move forward, with all due haste, to figure out how
masking with work in Bicentennial Park and, at the same time, the City administration is going
to look at all options within the City for -- all options within the City that could allow the
replacement of the Children's Museum. Why doesn't it work? I mean, how does two parallel
paths hurt anything? Why doesn't that work? I don't get it. Because you've got two efforts
going on simultaneously and one of those must work.
Vice Chairman Gort: My understanding, the attorney is telling you, if we were to pass this, this is
subject to competitive biding. It has to be -- whatever --
Commissioner Winton: But -- well, yes. But if that's the case, then you're not going to have
anything ever done in Bicentennial Park and we know that's not the case. There are ways to
solve all these problems.
Commissioner Teele: How did Parrot Jungle get theirs?
Mr. Vilarello: Parrot Jungle --
Vice Chairman Gort: We took it to an election and won an election by the public.
Commissioner Teele: A referendum?
Vice Chairman Gort: It was a referendum.
Commissioner Regalado: Yes.
154 June 29, 2000
Ms. Pardo: We would have no objection with working MSEA or any other agency or
instrumentality of the City, as far as the City entering with an interlocal agreement with them and
then they would enter into a sublease with the Children's Museum and, therefore, the process
would be a lot shorter and this could get done. And we would be happy to work with that
scenario, if something could get done. If you work with the other scenario, it's two years before
you have even signed an agreement.
Commissioner Winton: And in Bicentennial Park, that's the real risk.
Ms. Pardo: Right. But if we worked within an agency or instrumentality of the City and the City
was to enter into an interlocal agreement with them, such as MSEA or another agency, we would
then enter into a sublease with them and we could work it out that way, and it would still fall
within the time frame. As well as, we have no objection if the Commission wants to instruct
staff to look at other sites in the downtown Miami area. We would only request of this
administration was to do that, then on that we could have an answer -- bring it back to the July
27, meeting.
Vice Chairman Gort: Do you have a problem with Watson Island?
Ms. Pardo: I'm sorry. What was the question?
Vice Chairman Gort: Do you have a problem with Watson Island? We could make a decision on
that today. I can make a motion to instruct the administration to find a location where they can
place you on Watson Island and that can be taken care of immediately.
Ms. Pardo: We'll take Watson Island.
Commissioner Sanchez: I withdraw my motion.
Ms. Pardo: We want to build the Children's Museum.
Vice Chairman Gort: Excuse me. Do you have a problem with Watson Island?
Ms. Pardo: No. We would love Watson Island.
Vice Chairman Gort: Do I have a motion to have the administration to locate a place within
south -- for Watson Island for the Children's Museum?
Commissioner Teele: Mr. Chairman?
155 June 29, 2000
Ci
Vice Chairman Gort: Yes.
•
Commissioner Teele: I would be pleased to move that the Manager be instructed to identify an
appropriate location for the Miami Children's Museum, inclusive of Watson Island or any other
downtown -- or any other location that would be acceptable to the City administration and the
Miami Children's Museum.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Further discussion? None. 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. 00-551
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO IDENTIFY AND APPROPRIATE A
LOCATION FOR THE PROPOSED MIAMI YOUTH MUSEUM
(INCLUDING CONSIDERATION OF WATSON ISLAND, AS
WELL AS ANY OTHER LOCATION) THAT IS ACCEPTABLE
TO THE CITY'S MANAGEMENT AND TO
REPRESENTATIVES OF THE MIAMI YOUTH MUSEUM;
FURTHER DIRECTING THE MANAGER TO COME BACK
AT THE CITY COMMISSION MEETING PRESENTLY
SCHEDULED FOR JULY 27, 2000 WITH A
RECOMMENDATION.
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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.
Ms. Pardo: Could I just ask you --
Commissioner Teele: The intent of my motion is not to foreclose. The potential that it may
wind up being in Bicentennial Park. But what I think we can't do, if we're going to have this
process, we can't put it in there. And I would hope that the committee -- Mr. Chairman,
Commissioner Winton, that this would not be lost on that. committee process.
Commissioner Winton: It won't be.
Vice Chairman Gort: Right. OK.
Ms. Pardo: Could we have a date certain on that?
Commissioner Regalado: I was going to ask that. Mr. Manager, when can you come back with
some --
Commissioner Teele: July 27th meeting.
Commissioner Regalado: July?
Ms. Pardo: That would be great.
Commissioner Regalado: July 27th
Vice Chairman Gort: Yes. OK.
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Mr. Carlos Gimenez (City Manager): Mr. Chairman, we -- the administration looks forward to
working on the museum to try to resolve the problem and we're going to try to do the best we
can. We'll come back with something on July 27tH
Ms. Pardo: Could I ask you one other favor, since I'm standing before you? And then I'll leave, I
promise.
Vice Chairman Gort: You're asking too much now. Quit while you're ahead.
Ms. Pardo: I know. But this is important. Could the City Commission also make a motion
instructing the City Manager to have the City's lobbyists work with the museum as far as
recouping the monies from the State, as well as local monies as well?
Commissioner Winton: So moved.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and second. Further discussion? Being none, all in favor
state by saying aye.
The Commission (Collectively): "Aye."
158 June 29, 2000
The following motion was introduced by Commissioner Winton, who moved its adoption:
MOTION NO. 00-552
A MOTION INSTRUCTING THE CITY MANAGER TO
INSTRUCT THE CITY OF MIAMI LEGISLATIVE
CONSULTANTS COMPRISING RONALD L. BOOK, ESQ.,
MICHAEL ABRAMS, PAMELA BURCH-FORT, ESQ. AND
ROSARIO KENNEDY TO SEEK FUNDS FROM THE STATE
FOR THE MIAMI YOUTH MUSEUM.
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: We'll ask the DDA lobbyist to do the same and all of that:
Ms. Pardo: Thank you very much.
Mr. Vilarello: Mr. Chairman, one more piece of business. The Commission appointed
Commissioner Winton as the Chairman of this committee. The way that committee was set up,
no member of the City Commission was there. I will, for the record, just note that I will take that
motion to be an amendment of the resolution that was adopted, allowing for a Commissioner to
be on that committee and there as the Chairman.
NOTE FOR THE RECORD: Mayor Carollo entered the Commission chamber at 4:45
p.m.
159 June 29, 2000
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35. AUTHORIZE MANAGER TO EXECUTE AMENDMENT TO INTERGOVERNMENTAL
COOPERATION AGREEMENT ("ICA") BY THE GOVERNOR, FINANCIAL EMERGENCY
OVERSIGHT BOARD AND THE CITY, AMENDING SECTION 5 OF THE AGREEMENT AS IT
PERTAINS TO THE FIVE-YEAR FORECAST AND REVISED FIVE-YEAR PLAN, TO INCLUDE
AGREEMENT FOR REIMBURSEMENT BY THE CITY FOR ACTUAL COSTS INCURRED BY THE
STATE OF FLORIDA IN OPERATION OF OVERSIGHT BOARD.
Commissioner Teele: Mr. Mayor, if I may. The general counsel of the Oversight Board has been here
now for two and a half, three hours.
Mayor Carollo: Oh, I'm sorry. I wasn't aware of that.
Commissioner Teele: And it's Item Number 25.
Mayor Carollo: Oh, of course, please, please come up.
Commissioner Teele: And I would ask that you would consider approving —
Mayor Carollo: Absolutely. I was not made aware of that.
Commissioner Teele: -- approving the recommendations of the Manager regarding the Oversight Board
Amendment which codifies the agreement that we have with them regarding the original contract, which I
was not privy to, that outlines the —
Commissioner Winton: Second.
Mayor Carollo: OK. Wait, wait, wait. Well, is there a motion that's been made or --?
Commissioner Teele: I so move.
Mayor Carollo: OK. Commissioner Teele made a motion. Commissioner Winton seconded it.
Discussion. Mr. City Attorney, have you gone over any of these agreements?
Alejandro Vilarello (City Attorney): Yes, we have reviewed this agreement. It mostly incorporates policy
decisions of the City, and is legally sufficient.
Mayor Carollo: OK. And what we're discussing here is an amendment to include an agreement for actual
reimbursement by the City of Miami for the actual costs incurred by the State of Florida. Do we -- Well,
first of all, is the attorney for the Oversight Board here? Mr. Wallace, please come up. I apologize that
you've been made to wait. I was not aware that you were here. Thank you for being here.
Mark Wallace: Thank you. Mark Wallace, 2843 South Bayshore Drive, Miami, Florida. Thank you for
your time. I appreciate that. This amendment really codifies what's been understood and agreed to for
some time prior to my involvement and I think prior to the involvement of some of you all. It has to do
with the reimbursement of certain expenses of the Oversight Board, and an amendment as it relates to the
five-year plan, which essentially, this amendment is part of the winding down process. I think the
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winding process of the Oversight Board will be fairly lengthy and will take some time, but this is part and
parcel of it. This allows the Oversight Board to step back a little bit and give the City a little more leeway
in the preparation of the five-year plan, and memorializes the agreement where the City was going to
repay certain of the Oversight Board expenses. The repayment contemplates payment for this year only,
going forward.
Mayor Carollo: Only for this year, going forward, not past years.
Mr. Wallace: Correct. That's all this amendment presently contemplates.
Mayor Carollo: OK. And the reason I'm asking that is that when this City entered into an agreement with
the State originally, there was never any conversation or agreement as far as what would we pay or not.
And that only came about some time later by the — then the Chairman of the Oversight Board, the former
Lieutenant Governor that brought that up that the City would reimburse for all these payments. But there
was nothing that was ever discussed officially with the City Commission as to the entering of any
agreements.
Mr. Wallace: Mr. Mayor, this is not really pitching the issue,, but I can't say that I was not there at that
time. I'm unaware of any formal communication with the City Commission. I've been advised by the
Governor's Office in our communications with the previous Administration that there was an agreement
whereby the City would reimburse all costs for the Oversight Board. And this amendment is really
limited to the going forward cost from this year forward. But I cannot say one way or the other, sir,
whether or not there was formal communication. I'm unaware of it.
Mayor Carollo: No, I understand what you're saying. But I guess the question that I'm get at is, by this
Commission approving this amendment, anything that anyone else perceived that was owed by the City, is
that being waived?
Mr. Wallace: Mr. Mayor, my instructions are really very clear. We are agreeing to. enter into an
amendment. The Governor and the Governor's Office is agreeing to enter into an amendment to modify
the five-year plan and to contemplate the reimbursement of expenses for the year 2000 going forward.
The amendment, candidly, is silent to previous expenses incurred. I cannot say one way or the other
whether or not the State will ever assert the payment for those expenses. Frankly, it's not on the table
right now.
Mayor Carollo: And that's what I'm trying to get at. And you've made it clear, and I appreciate it, Mr.
Wallace. Mr. Manager and Mr. Attorney, have we had the opportunity to go through this thoroughly?
And not just from here on, but the statements that I made previously about prior expenses that some might
perceive that there was an agreement upon.
Mr. Vilarello: Mr. Mayor, there has been an agreement and I believe two amendments to it that were
done, I believe, administratively on how to deal with certain items. Neither the underlying agreement nor
those amendments addressed, discussed any payment to the State of any expenses.
Mayor Carollo: That's what I remember.
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Mr. Vilarello: This amendment provides for the payment of the expenses after January 1" of the year
2000. The contracts are clear and unambiguous, and would be the controlling documents between the two
parties to the agreement, that is the Governor and the City of Miami.
Mayor Carollo: OK. Mr. Manager, has the Administration had the opportunity to go over the resolution
that is before us?
Carlos Gimenez (City Manager): Yes, sir, and we recommend approval.
Mayor Carollo: OK. Any final statements, Bertha?
Bertha Henry (Assistant City Manager): No. I concur with the recommendation that we put forth.
Mayor Carollo: And we can't even take it out of your salary if you're making a mistake. You're going to
Broward now.
Vice Chairman Gort: Mr. Mayor.
Mayor Carollo: Yes.
Vice Chairman Gort: How much are we talking about? How much are we talking about?
Ms. Henry: Three hundred thousand dollars ($300,000).
Commissioner Sanchez: Worth every penny.
Commissioner Regalado: Three hundred thousand dollars ($300,000) for the expenses from January to
June?
Ms. Henry: The remainder of the contract. The remainder of the contract.
Commissioner Regalado: Remainder of the contract is until?
Ms. Henry: The end of 2001.
Commissioner Regalado: That's when the Oversight Board will be gone?
Ms. Henry: Financial statements, when the financial statements for the fiscal year 2001 have been
completed, and it once again reflects that we have not violated any of the other provisions of the
agreement, then the Oversight Board at that point is subject to going away.
Commissioner Regalado: And why are they not charging from the day that they were installed until
December 31, 1999?
Commissioner Winton: I don't think we really want to be asking that.
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Commissioner Regalado: No. I think we should. Because why — they told me that the State legislature
did pass a resolution urging the Governor to bill the City, but the State legislature did not do that. I don't
know who came up with the idea. It wasn't the State — I talked to three State legislators today and
yesterday, and they don't know anything about it. And I was told by the Administration that it was the
State legislature.
Commissioner Teele: Mr. Chairman.
Mayor Carollo: Yes.
Commissioner Teele: Mr. Chairman, I'm a little in a quandary to understand why we want to go back
beyond the period that's before us. If somebody wants to take that up, then I think that should be taken up
in a separate resolution as a separate matter. I think we've got an agreement on this. And if
Commissioner Regalado wants to offer to pay the Oversight Board for some other period, I mean, I'll be
willing to entertain that. But I mean, I think we're at a point right here, right now where we have at least a
tacit agreement on January to the end of this. And the amount is certainly reasonable. And obviously,
there are some open issues. But I think unless you're prepared to solve the open issues, we ought to just
go ahead and deal with this and then meet with Mr. Wallace or meet with the Chairman privately and have
those kinds of discussions. So I'd like to —
Commissioner Sanchez: Just call a motion.
Commissioner Winton: I agree.
Mayor Carollo: There's a motion.
Commissioner Winton: Second.
Mayor Carollo: And there's a second.
Commissioner Sanchez: Call the question.
Mayor Carollo: And to put it in perspective, what we're talking about is approximately twelve thousand
five hundred dollars ($12,500) or so a month for the approximate two-year period that we're talking about.
So that's —
Commissioner Winton: Call the question.
Commissioner Sanchez: Call the question.
Mayor Carollo: OK. Can you call the roll on this one, Mr. Clerk?
163 6/29/00
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The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-553
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, TO THE INTERGOVERNMENTAL
COOPERATION AGREEMENT ("ICA"), BY AND AMONG THE
GOVERNOR, THE FINANCIAL EMERGENCY OVERSIGHT BOARD
AND THE CITY OF MIAMI, AMENDING SECTION 5 OF THE
AGREEMENT AS IT PERTAINS TO THE FIVE-YEAR FORECAST
AND REVISED FIVE-YEAR PLAN, AND FURTHER AMENDING TO
INCLUDE AN AGREEMENT FOR REIMBURSEMENT BY THE CITY
FOR THE ACTUAL COSTS INCURRED BY THE STATE OF
FLORIDA IN THE OPERATION OF THE OVERSIGHT BOARD
EFFECTIVE JANUARY 1, 2000.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Commissioner Sanchez: Mr. Chairman, if I could. Mr. Wallace, thank you and all the members of the
Oversight Board for the financial guidance that you've provided this City. This City, with your assistance
and the good government here, we're all on the track to greatness. Thank you.
Mr. Wallace: Thank you. It's been a lot of fun working with you all, and I appreciate it.
Mayor Carollo: Thank you, Mark. Thanks for your patience.
164 6/29/00
36. DEFER CONSIDERATION OF ACCEPTANCE OF PROPOSED BUDGET FOR FISCAL
YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001; SCHEDULE
SPECIAL COMMISSION MEETING TO CONSIDER SAME.
Carlos Gimenez (City Manager): Mr. Mayor.
Mayor Carollo: Yes, sir.
Mr. Gimenez: I'd like to ask that we defer Item 24 until the special meeting of July 11"' in the afternoon.
Commissioner Sanchez: So move.
Mayor Carollo: OK. Twenty-four will be deferred.
Commissioner Teele: Mr. Chairman, I think the way would do this, since the July 11th meeting is a
special meeting, we would — Mr. Attorney, how would you -- ?
Alejandro Vilarello (City Attorney): You would call a special meeting to discuss this particular item at a
time certain.
Commissioner Teele: So you would, in effect, have two special meetings. Yeah. So I would so move
that we call a special meeting on July 11th, say, at 3 o'clock.
Commissioner Sanchez: At what time are we — what's the first meeting, at what time?
Commissioner Teele: Two o'clock.
Commissioner Sanchez: The first meeting is at 2 o'clock?
Mr. Vilarello: Ten o'clock.
Commissioner Winton: No, it's not 10. I have 2:00 on my calendar.
Commissioner Teele: I thought we said 2 o'clock.
Commissioner Winton: My calendar says 2:00.
Mr. Gimenez: You're right; it's 2 o'clock.
Commissioner Teele: A special meeting, say 3 o'clock, to take this matter up.
Mayor Carollo: I thought the next meeting was going to be — was switched to —
Commissioner Sanchez: No, no, that's the Commission meeting.
Commissioner Teele: That was the 131h
165 6/29/00
Commissioner Sanchez: This is a special meeting.
Mayor Carollo: For the 13th. OK. That's the one we're talking about.
Commissioner Sanchez: Yeah. It went to the 13th through the 20th. I don't have a problem with it.
Commissioner Winton: We have a motion? Is that right?
Mayor Carollo: Is there a motion to that?
Commissioner Teele: That was so moved at 3 o'clock, yes.
Commissioner Winton: Second. Second.
Mayor Carollo: There's a motion, second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-554
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM NO.
24 (ACCEPTANCE OF PROPOSED BUDGET FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30,
2001); FURTHER DIRECTING THE CITY MANAGER TO
SCHEDULE A SPECIAL COMMISSION MEETING FOR JULY 11,
2000, BEGINNING AT 3 P.M., TO INCLUDE CONSIDERATION OF
THE AFOREMENTIONED ITEM.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
166 6/29/00
37. DEFER PROPOSED AMENDMENT TO RESOLUTION NO. 00-427 TO BE CONSIDERED
ON THE TUESDAY, JULY 11, 2000 AGENDA, IN CONNECTION WITH COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDING TRANSFERRING $3 MILLION FOR
HISTORIC OVERTOWN PRIORITY BUSINESS CORRIDOR PROJECT. .(See #3 and 11) (Camillus
House)
Commissioner Teele: Mr. Chairman, this morning, at the request of Father Lloyd, we deferred an item to
the next Commission meeting. I note that he is here. I think it would be appropriate, however, to take that
item up as a Community Development item, which is a special meeting on the 121h
Unidentified Speaker: The 11th
Commissioner Teele: Huh?
Unidentified Speaker: The 11th
Commissioner Teele: The 11th? On the 11th. I'm sorry. I'm looking at the 11th here. So I would just
inquire.
Mayor Carollo: We made a motion previously to defer it for the next meeting.
Commissioner Sanchez: The next Commission meeting.
Commissioner Teele: The next Commission meeting.
Mayor Carollo: The next Commission meeting. So I think it would be appropriate, then, to make a
motion for the date that you're stating now.
Commissioner Teele: Yes. For the date of July 11th, during the special meeting on Community
Development. And that's what that meeting is for, a special meeting on —
Commissioner Sanchez: Second. Second the motion.
Mayor Carollo: There's a motion and there's a second. All in favor, signify by —
Alejandro Vilarello (City Attorney): I'm sorry, Mr. Mayor. It should be a motion to reconsider that prior
motion.
Commissioner Teele: So move, motion to reconsider.
Commissioner Sanchez: Second. Second the motion to reconsider.
Mr. Vilarello: And it's the deferral to July 20th is the reconsidered motion.
Commissioner Sanchez: No. From July 201h to the 11"
167 6/29/00
Commissioner Teele: No. The motion to reconsider is to get it on the table.
Commissioner Sanchez: Oh, yes. OK. All right.
Mayor Carollo: There's a motion and there's a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-555
A MOTION TO RECONSIDER PRIOR VOTE TAKEN ON MOTION
NO. 00-534, WHICH HAD DEFERRED PROPOSED AMENDMENT
TO RESOLUTION NO. 00-427 BY TRANSFERRING $3 MILLION OF
PREVIOUSLY APPROVED COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS FOR HISTORIC OVERTOWN PRIORITY BUSINESS
CORRIDOR PROJECT TO MEET THE ANNUAL FUNDING
COMMITMENT TO THE COMMUNITY REDEVELOPMENT
AGENCY TO THE JULY 20, 2000 COMMISSION MEETING.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Mr. Vilarello: Now.
Commissioner Sanchez: Now you got to make a motion to —
Mayor Carollo: Now you make the motion.
Commissioner Teele: Motion to take up the item regarding Item 7, which is the —
Commissioner Sanchez: Seven -A.
168 6/29/00
Commissioner Teele: -- Seven -A, which is the 3rd Avenue Business Corridor, Community Development
funds being reallocated to the special Community Development meeting as an item within that meeting for
Commissioner Sanchez: July the l ltn
Commissioner Teele: -- July 11"'.
Mayor Carollo: There's a motion and there's a second by Commissioner Sanchez. All in favor signify by
saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passed unanimously.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-556
A MOTION DIRECTING THE CITY MANAGER TO INCLUDE
PROPOSED AMENDMENT TO RESOLUTION NO. 00-427 BY
TRANSFERRING $3 MILLION OF PREVIOUSLY APPROVED
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR
HISTORIC OVERTOWN PRIORITY BUSINESS CORRIDOR
PROJECT TO MEET THE ANNUAL FUNDING COMMITMENT TO
THE COMMUNITY REDEVELOPMENT AGENCY AS ONE OF THE
ITEMS TO BE CONSIDERED ON THE TUESDAY, JULY 11, 2000
AGENDA, IN CONNECTION WITH COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING ALLOCATIONS FOR THE UPCOMING
26TH YEAR FUNDING ALLOCATIONS.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
169 6/29/00
38. APPOINTMENT TO THE PARKS ADVISORY BOARD (Sallye Jude).
Mayor Carollo: Now 25.
Commissioner Sanchez: Appointments.
Vice Chairman Gort: Twenty-seven.
Mayor Carollo: Twenty -five -A.
Vice Chairman Gort: It's 27.
Commissioner Sanchez: Twenty -five -A is appointments to the Park Advisory Board.
Walter Foeman (City Clerk): Parks Advisory Board.
Commissioner Sanchez: Yeah.
Commissioner Winton: Yeah, better get those made. Oh, that's Parks.
Commissioner Sanchez: Mr. Mayor, you have an appointment?
Mayor Carollo: I will send it to the Clerk later in the week.
Commissioner Sanchez: Mr. Chairman, I would like to appoint Sallye Jude as my appointee to the Parks
Advisory Board.
Commissioner Teele: Second the motion.
Commissioner Sanchez: Sallye Jude.
Mayor Carollo: Commissioner Teele, do you have anyone that you'd like to appoint?
Commissioner Teele: Not at this time, Mr. Chairman.
Mayor Carollo: OK. He will make that appointment later. Are there any other items from —
Vice Chairman Gort: We need to vote on this.
Mayor Carollo: Excuse me?
Vice Chairman Gort: Nominations.
Mr. Foeman: Mr. Mayor, could we have a roll call on that one, please?
Mayor Carollo: OK, we could.
170 6/29/00
0
Vice Chairman Gort: Mr. Chairman.
Mayor Carollo: Yes.
Vice Chairman Gort: Excuse me. We need to vote on these nominations.
Mayor Carollo: Is it required for the Commission to have to vote on these nominations, or can
Commissioners send their names to you?
Mr. Foeman: Yeah, on these particular ones, these are Commission appointments.
Mayor Carollo: These particular ones you require that? OK. So there's a motion that was made by
Commissioner Sanchez on Sallye Jude, seconded by Commissioner Gort (sic). All in favor signify by
saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes four/zero.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-557
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE PARKS ADVISORY
BOARD FOR A TERM AS DESIGNATED HEREIN.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
171 6/29/00
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39.DEFER CONSIDERATION OF DECISION REGARDING STATUS REPORT FOR PALMETTO
HOMES OF MIAMI, INC.
Commissioner Teele: Mr. Chairman, the people on Item 27 have been here, and I would just like to move
the adoption of the Manager's report and make available the parcels as outlined there in the report for
Palmetto Homes for development. These are parcels in the Little Haiti neighborhood. that remain
undeveloped.
Commissioner. Sanchez: Second.
Mayor Carollo: There's a motion and there's a second. Any discussion? Any statements from the
Administration?
Jeffery Hepburn (Assistant Director -Housing, Community Development): We'd like to come back
perhaps at the next meeting with a recommendation, and a resolution, a recommendation, and give them
some time frames and some constraints in terms of how quickly they need to develop these sites.
Commissioner Teele: Yeah, I think they need some time lines. So why don't we defer this item, also, to
the special CD (Community Development) item, which is —
Mayor Carollo: OK. There's a substitute motion by Commissioner Teele to defer the item, second —
Commissioner Teele: For the purpose of bringing forth a recommendation during the Community
Development meeting of July 1 Ith on this item.
Mayor Carollo: OK. Seconded by Commissioner Winton. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-558
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM NO.
27 (DECISION REGARDING STATUS REPORT FOR PALMETTO
HOMES OF MIAMI, INC.) TO THE SPECIAL COMMISSION
MEETING OF TUESDAY, JULY 11, 2000, BEGINNING AT 3:00 P.M.
172 6/29/00
9
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
173 6/29/00
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40. APPOINTING FERNANDO FIGUEREDO AS A MEMBER OF THE
INTERNATIONAL TRADE BOARD.
Mayor Carollo: OK, we're in 28. I was just given —
Commissioner Winton: Mr. Chairman.
Mayor Carollo: Yes.
Commissioner Winton: We made some — at least one board appointment. Are we going
to have a chance to make other board appointments shortly?
Vice Chairman Gort: We don't have any on the Agenda.
Mayor Carollo: Do we have here on the Agenda?
Commissioner Winton: No. I just had one that I want to make whenever you feel that's
appropriate.
Mayor Carollo: Why don't you go ahead and make it now. That would be fine.
Commissioner Winton: OK. Thank you. I'd like to nominate to the International Trade
Board Fernando Figueredo. He's the vice president for communications for Lucent
Technologies.
Mayor Carollo: OK. There's a motion by Commissioner Winton.
Commissioner Regalado: Second.
Mayor Carollo: A second by Commissioner Gort (sic). All in favor signify by saying
aye.
The Commission (Collectively): Aye.
Mayor Carollo: It passes.
174 6/29/00
•
The following resolution was introduced by Commissioner Winton, who moved for its
adoption:
RESOLUTION NO. 00-559
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 the resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
175 6/29/00
41. ACCEPT VOLUNTARY CANCELLATION OF REVOCABLE PERMIT AGREEMENT
BETWEEN CALOR DEVELOPMENT, LTD. AND THE CITY TO CONSTRUCT A
PARKING LOT ON CITY OWNED PROPERTY; DIRECTOR OF ASSET MANAGEMENT
TO PREPARE A REQUEST FOR PROPOSALS'.
Mayor Carollo: Any other appointments anyone might have?
OK. On 28 there was a letter that was sent to my office -- and you all should have received it
recently. In fact, it's being passed out now -- where Calor Development is giving up the agreement
that it had with the- City of Miami. I'm not sure if it's both of them or one. Have you had the
opportunity to go over it?
Ms. Laura Billberry (Director, Asset Management): Yes, I did receive this letter during lunch today
that they are voluntarily cancelling the agreement related to the parking.
Mayor Carollo: To the parking. How about the other one?
Ms. Billberry: No, they have not relinquished that.
Mayor Carollo: The other one, they have not. OK.
Vice Chairman Gort: Which other one?
Mayor Carollo: The slip.
Commissioner Teele: Mr. Chairman?
Mayor Carollo: Yes.
Commissioner Teele: I asked that this item be put on the agenda two meetings ago. At that time,
we deferred it to this meeting for the purpose of getting a report. In the subsequent time, I've had an
opportunity to meet with both the management and the staff and the consultant, the parking
administrator. I'm grateful that the Heat has -- that Calor Development has forwarded this letter. I
had indicated that, based upon your conversations and discussions before the Oversight Board and
my review of the record, that I believe that it is appropriate, in this case, to go out with a
competitive bid, with a minimum bid amount to be established by the staff. This is a very
complicated area. There are a number of issues, but as it relates to the 30 -day revocable permit
related to parking, it would be my motion to move that the permit be revoked and that the staff be
instructed to return at the next commission meeting, which is July 20th, with an RFP (Request for
Proposal) document ready to go out, that would have a minimum bid as established by the staff
recommendation. Mr. Chairman, the basis of this is as follows: In October, I made the
recommendation -- it was not a pocket item. It was an item that did not get on the agenda, but as
the accompanying documents indicated in writing from the City Attorney, that the item was being
submitted pursuant to a supplemental agenda. One of the things that we did today in getting an
Internet -based agenda is, we will avoid that kind of confusion. The important thing is this. Like in
coming out of Vietnam, it's always easy to second-guess what you should have done. But the fact
of the matter is, in October of '99, when I made that motion; I would have made that motion again
176 June 29, 2000
•
with the benefit of what we know today. We were all working to get this Arena opened; we waived
a blanket authority to the Manager to waive every possible regulation or rule that could be waived
to cooperate in having a beautiful grand opening, which I'm honored that you were able to represent
the City there on New Year's night. It was a successful opening. The reason it was a 30 -day permit
and not a long-term deal was so that we could go back and review it. I think it needs to be very
clear that the underlying land, much of it is owned now by the state of Florida. We have the
opportunity to continue to use it. That land is being developed by the state as a part of the Biscayne
Boulevard improvements, which, right now, is in year four of the Five -Year Plan, but it's my
understanding that there will be an effort made in October to move that up immediately. The cost
of building a state-of-the-art parking lot is not -- is going to certainly impact the amount of money
that the City receives. And, so, we will know, when the Bicentennial construction is completed,
whether this was a bad decision or a good decision or a sweetheart deal. Because the fact of the
matter is, when you amortize the costs of improving the parking lot to the acceptable state-of-the-art
standards, you're going to spend, I think, in the vicinity -- well, you're going to spend a significant
amount of money. This parking lot is on Biscayne Boulevard, and the one condition that I would
attach to the motion is that the approved plans that have been approved by the City, which
represents state-of-the-art plans, will be the basis by which any operator must improve the lot, too.
In other words, we don't need another cheap parking lot -- temporary parking lot, like we've had
there in front of the old Arena since Mayor Carollo was a freshman Commissioner. Joe, you've
been working -- that parking lot has never been -- that temporary lot in front of the old Arena is still
temporary, and things around here...
Mayor Carollo: You're talking about the one that the City -- well, let it be.
Commissioner Teele: But you get my point? I mean, the point is this, it is much easier to sort of do
this on the cheap and to use this as a temporary parking lot and for everybody to sort of look the
other way for three or four years, but I don't think that's the statement that we want on Biscayne
Boulevard. I don't think the City should be a part of degradating any neighborhood or any
community, even at the expense of getting money. So, I would imagine that the parking lot is going
to cost -- do you have a number? Five hundred, seven hundred thousand?
Ms. Billberry: No. For the parking lot, it's approximately two hundred thousand dollars
($200,000).
Commissioner Teele: Two hundred thousand dollars ($200,000)?
Ms. Billberry: Yes. With lighting.
Commissioner Teele: So, whatever that costs that's on whoever wins the bid and -- I mean, I think
you all should design the bid so that they can reduce or amortize it over a four-year or three-year or
five-year period of time, but I think the real issue is is that the Mayor is right -- the Mayor is correct,
we need to maximize the dollars and the revenues to the City, and I would be pleased to move that
with the condition that the parking lot be built to the standards that have been approved by the
Planning Department and Zoning Department as a first class parking lot.
Commissioner Sanchez: Second.
177 June 29, 2000
Mayor Carollo: There's a motion: There's a second. Let me give the gavel to the Vice Chairman.
I agree with what you stated, Commissioner that that's what we need to do. The only concern that I
have is the following. And what I don't want to do, at the same time, is to build a first class facility,
like we should have, and then, if we fill the slip, hopefully, if we decide on whatever else this
Commission wants to see done in those 40 acres or so that we own there, that we're going to tear up
that parking lot then because we want to put it somewhere else, and whatever is spent there goes to
waste. That's the only concern that I would have. Maybe there's some middle ground until we see
where we're heading in Bicentennial Park and the rest of the FEC (Florida East Coast) track that we
own and maybe we could do something that's a lot cheaper, but still would look respectable, like we
have in the Orange Bowl. In the Orange Bowl we have grass -- that the cars are parked in the grass
but then you have asphalt to drive around. And, in case we -- and that would be really a temporary,
until we decide where to go. You know, I'm just...
Commissioner Teele: I would be happy to make the motion...
Mayor Carollo: But do you see what I'm...
Commissioner Teele: ...in such a way that we're revoking the...
Mayor Carollo: Yeah.
Commissioner Teele: You're going to come back with a bid document and you'll come back with a
range of options as to what the parking lot would look like and let the Commission decide.
Mayor Carollo: Sure.
Commissioner Teele: Because we're not going to decide it now, but I'll tell you this: I really do
think that nobody -- no developer would put up a hundred million dollar ($100,000,000) building
and right next to it have a temporary parking lot, even if it cost money to redo it. I mean, that's just
not the way I think we should send the signal to government and to other people. Joe, in my
district, right there on 7th Avenue and 14th Street, the Women's Detention Center, the County's got
a parking lot. It's a disaster. I mean, Jackson Hospital, those parking lots there. I mean, not
Jackson, but all of the area there in Spring Gardena I mean, you know, this place is being turned
into just cheap parking and we're the ones -- we, the government, are the ones allowing the
degradation of neighborhoods, which is an issue that everybody has campaigned on around here
"We're going to improve neighborhoods."
Mayor Carollo: And I agree with everything you're saying, but I think you understood what I was
trying to say. I'm trying to be efficient in what is spent there.. The only other area that I'd like for
you to consider in this motion is the following one. Even though the Heat basketball season is over,
you still have the women's team that's playing there, "The Sol" and you have constant activities
there going on in the Arena, and I don't think we should be losing significant dollars, which could
come to about twenty-five hundred dollars ($2,500) per event that we could be making out of that
lot. So, I would just like to suggest that we do one or two things while we're waiting to actually put
a bid in this particular lot. One is either to have the City run the lot for game or event activities or
178 June 29, 2000
we look -- there was a recent bid on Bicentennial by the Bayfront Park Trust. That was declined, I
think, because the Commission did not want to see any parking going on there; that, in the
meantime, while we're waiting for this bid, if the City does not want to take the parking activities
itself and run the parking lot, then maybe we get the list of who was the top bidder in the other one
you sat with in the meantime, until this comes back. One or the other.
Commissioner Teele: The way I would do it is, I would authorize the Manager to -- within 30 days,
to take over the lot and to apply whatever management options that he has and we'll ratify those
actions, whatever they are.
Mayor Carollo: OK. That's...
Commissioner Sanchez: Is that a friendly amendment to your motion?
Commissioner Teele: Yes, sir.
Commissioner Sanchez: OK. I'll second it.
Mayor Carollo: OK. There's a motion. There's a second.
Commissioner Winton: Mr. Chairman?
Mayor Carollo: Go ahead.
Commissioner Winton: Are we going to require the RFP also have the 30 -day cancellation clause
that the original one with Calor had in it?
Mayor Carollo: Well...
Commissioner Teele: No. The 30 -day was a permit. It was not a bid. It was not a lease. It was a
permit. This would be, in effect, a contract. It would be subject to the Florida Department of
Transportation, you know, coming in and redoing Biscayne Boulevard. And, for that reason, you
know, it could be a five-year lease but the problem is, it's probably going to be less than four years
at the point -- we know, in year four, that the MPO (Metropolitan Planning Organization), that they
are scheduled to begin construction. There's going to be a major move to move that up to year two.
So, the parking lot may only be there for two years.
Commissioner Winton: Great. Thank you.
Mr. Carlos Gimenez (City Manager): Mr: Chairman?
Mayor Carollo: Yes, Mr. Manager.
Mr. Gimenez: That provision -- I mean, right now it's scheduled to be built in -- or the
improvements to Biscayne Boulevard are supposed to happen in July of the year 2004. If that
179 June 29, 2000
somehow is moved up, then that's going to significantly affect -- and we won't know that until, you
know, I guess a couple months from now, but that would significantly affect whatever -- you know,
the RFP or whatever return we get from that RFP. Because the rate of return will be -- is going to
be deemed on the number of years we'll be able to operate that lot.
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman?
Mayor Carollo: Yes.
Mr. Vilarello: Of course, if it's anything other than a revocable permit, then the provisions of 29-B
would apply and would have to require solicit -- at least three proposals at fair market value.
Mayor Carollo: I don't think you'll have any problems, in that particular location, to get three bids
for parking.
Vice Chairman Gort: Mr. Chairman/Mr. Mayor, I have a question.
Mayor Carollo: OK.
Vice Chairman Gort: My understanding -- and I don't have the documentation in front of me -- but
when that came in front of us, it was in two parts. One was the parking and the other one was the
slips.
Mayor Carollo: Right.
Vice Chairman Gort: What are the connections with the two?
Commissioner Teele: My motion only relates to the parking.
Vice Chairman Gort: To the parking?
Commissioner Teele: Yes.
Vice Chairman Gort: But my understanding, one of the reasons we voted for it is we wanted to
help the Miami Heat and open up but, at the same time, they made certain commitments that they
were going to do on the slip side and they were going to do certain -- the commitment, I think they
came out to about four hundred, five hundred thousand dollars and my understanding, that has not
been completed.
Ms. Billberry: They have done approximately hundred and seventy-eight thousand, I think was the
number, along the south side of the slip for reprap improvements.
Commissioner Teele: You know, they have repre...
Vice Chairman Gort: And what is the bargain on the second side of the slip, is that a
revenue-producing slip or how does that work?
180 June 29, 2000
Ms. Billberry: I'm. sorry. Because I was talking with the attorney, I missed part of your question.
Vice Chairman Gort: The part of the slips, they improved that and they're utilizing that?
Ms. Billberry: They have not fully completed it at this time. They are having some difficulties with
DERM (Department of Environmental Resources Management) that they are trying to work out
concerning regulating the size and types of vessels that can come in. The City only owns about a
six-foot strip along that south side of the slip, so our ability to let anyone else use it is basically nil
because you would not be able to provide the other facilities, such as restrooms and parking.
Vice Chairman Gort: But they still will have to comply with the promise and the commitment they
made here in the front of this Commission?
Ms. Billberry: Only as it relates to their commitment in the marina portion. It doesn't include in
the...
Vice Chairman Gort: No. I understand.
Ms. Billberry: In the marina permit, it does not reference the rest of the shoreline improvements,
which is -- the balance remaining is the western wall of the slip, and they would not be required to
complete that.
Vice Chairman Gort: Right. I understand. Right. OK.
Mayor Carollo: OK. Any further questions or statements of the Commission?
Commissioner Teele: Mr. Chairman, I would only like to ensure that my motion clearly states that
we will be accepting the voluntary cancellation of the agreement by Calor; and further instructing
that a competitive RFP or document be prepared for the next meeting; that, in the interim, the
Manager -- at the end of the 30 days, the Manager would take control or possession and would put
in vendors or City staff or whatever he determines to be best, looking at the most competitive bids
that have been awarded in the past and determining if there are vendors that are available that can
operate this on an interim basis.
Mayor Carollo: For the record, Mr. Manager, you could put a hundred and thirty vehicles there.
They were charging twenty dollars ($20) a vehicle. That's twenty-five hundred dollars ($2,500) an
event. One person was taking care of the lot, just to -- it could help you out.
Commissioner Sanchez: Call the question.
Mayor Carollo: All in favor of this resolution, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously. Thank you.
181 June 29, 2000
•
The following resolution was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-560
A MOTION ACCEPTING THE VOLUNTARY CANCELLATION OF
THE REVOCABLE PERMIT AGREEMENT BETWEEN CALOR
DEVELOPMENT, LTD. AND THE CITY OF MIAMI, TO
CONSTRUCT AND OPERATE A PARKING LOT ON CITY OWNED
PROPERTY; FURTHER INSTRUCTING THE CITY MANAGER TO
DIRECT THE DIRECTOR OF ASSET MANAGEMENT TO PREPARE
A REQUEST FOR PROPOSALS INCLUDING CERTAIN PROPOSALS
INCLUDING CERTAIN MINIMUM BID STANDARDS
COMMENSURATE WITH A FIRST CLASS PARKING LOT
FACILITY TO BE APPROVED BY THE CITY'S PLANNING AND
ZONING DEPARTMENT, FOR THE CITY COMMISSION'S
CONSIDERATION, REVIEW AND APPROVAL AT ITS NEXT
REGULAR MEETIBNG PRESENTLY SCHEDULED FOR JULY
20,2000; FURTHER STIPULATING THAT DURING THE INTERIM,
THE CITY MANAGER WILL TAKE POSSESSION AND CONTROL
OF SAID PARKING LOT FACILITY AND APPLY WHATEVER
OPTIONS HE HAS RELATIVE TO MANAGING SAID FACILITY
AND APPLY WHATEVER OPTIONS HE HAS RELATIVE TO
MANAGING SAID FACILITY, SUBJECT TO RATIFICATION. BY
THE CITY COMMISSION.
(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.
182 June 29, 2000
42. DISCUSSION, CONCERNING THE SMMARIZATION OF THE 2000 LEGISLATIVE.
SESSION.
Commissioner Sanchez: Mr. Chairman, if we could take an item out of order. We have had our lobbyist
from Tallahassee, which I have asked to come before this Commission and give a summarization of the
2000 legislation session. As the liaison between the City of Miami and the lobbying team, I would like for
them to present to us and to the viewers of the City of Miami what we were able to obtain in Tallahassee
in our efforts in trying to bring State assistance to our City.
Commissioner Winton: Mr. Chairman, I just want to know if this is the Gucci shoe guys.
Ron Book: (Inaudible Comments).
Commissioner Winton: ,Thank you, Ron.
Marva Wiley (Special Assistant to the City Manager): Mr. Chairman, as you know, Ronald, Ron Book is
our principal lobbyist for State. I'm Marva Wiley, Special Assistant to the City Manager. Ron Book is
our principal lobbyist for the State issues, and he is accompanied in a joint venture by Rosario Kennedy,
Michael Abrams, who has had to leave, and Pamela Burch -Fort, who is based in Tallahassee. Mr. Book
has prepared a complete presentation that addresses the funding that the City and City -related agencies
have been successful in obtaining during the sessions, as well as some of the substantive issues that the
City pursued during this session. I'll let him.
Mr. Book: Thank you, Marva. Mr.. Mayor and members of the Commission, Mr. Manager, Mr. City
Attorney, what we've given you is a full rundown in the report of all of the issues that passed this session
that have any remote impact, as well as direct impacts on the City. That's contained in the report. We
would not expect you, obviously, to go through that while you're sitting there. But in the coming days, in
the coming weeks, as you do peruse the report, if there are questions about any of the bills that passed, any
of the appropriations issues that passed, whether they were the issues that we addressed directly or were
not, we would be glad to answer questions for you, members of your staff. That includes not only the
Commission staff, but, Mr. Manager, your staff and the City Attorney's staff on any of the issues that are
out there. That's first of all. Second of all — and before we start talking about some of the direct issues, I
would like to, on behalf of your entire lobbying team, the commerce group, Pamela Burch Fort, Mike
Abrams, Rosario Kennedy, myself thank the City for giving us the opportunity to represent you in the City
of Tallahassee and the legislative session, and at the Cabinet and the agency levels. We consider it a
privilege. We consider it an honor. We believe that the City has advanced significantly over the last year.
We believe, Commissioner Sanchez, through your leadership, both last session and this session, we have
been able to position the City in a fashion in front of the legislative leaders and in front of the Legislature,
as a whole, the Governor, members of the Cabinet, the agency heads, in a most positive way. And
Commissioner Sanchez, a lot of that credit goes to you as the Chair of the effort. The Mayor has gone out
of his way to make appearances in Tallahassee, as well. And through your joint efforts, I believe we have
gotten the City in a position to be looked upon very favorably by this Administration. Let me just briefly,
if I could, Mr. Mayor and members of the Commission, Mr. Manager, touch on the appropriations issues
first. Let's talk first about the big issue that we went out to get, which really wasn't part of our original
assignment, Commissioner Sanchez, but one that we came back to and, frankly, delivered, and that was
the three million dollars ($3,000,000) for the Miami River Dredge Project. And I would like to stand here
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and say this person or that .person deserves all the credit for that issue. I will tell you there is a lawmaker
here locally who clearly made that issue a top priority, and that's Senator Mario Diaz-Balart, and he
deserves a significant, substantial amount of credit for helping make that issue happen. There is another
lawmaker, though, from Vero Beach in Indian River County, by the name of Charlie Sembler (phonetic).
And if you didn't know Charlie Sembler was from Vero Beach in Indian River County, you'd have
thought he was from Miami-Dade County, because every one of the general government projects — and
you can go through the pages in the back of the appendices of this summary — 90 percent of the projects
that Miami-Dade County got came out of the general government appropriations process, and are a credit
to what Charlie Sembler did for us. And in addition to Charlie Sembler, and in addition to Mario Diaz-
Balart, I would be remiss at this point — and I'm going to come to someof the leaders later on in this
presentation — if I did not, speak strongly about the class of the group of people that represent this
community today. Marco Rubio, to start with, who is a new member of this delegation, who carried one
of our bills, and who carried one of our appropriations issues, start to finish, really has demonstrated that
he's going to be a player in the process in the future, and he really is a guy who cares about this City. And
we need to, as a group, and as representatives of the City on the outside, but as representatives of the City
on the inside, we need to continue to encourage people like Marco Rubio, to carry our agenda. He is
clearly a bright, rising star in the process, and he takes his responsibilities seriously, and he takes the
representation of this City and its constituents very seriously. Alex Villalobos considers himself a part of
this City. Chairman of the Criminal Justice Appropriations Subcommittee, looking for opportunities to be
helpful to this City. Carlos Lacasa, next Chairman of the House Appropriations Committee, looking to
find other ways to try to be helpful to this City. Senator Ron Silver, meaningfully helpful in
accomplishing our agenda. Gaston Canton. Next potential that this community has to have a real leader is
Gaston Canton. In the running to be Speaker of the House three terms from now. Members of this
Commission, you have a lot of members of this delegation who want to help you, and we need to continue
to encourage that. And that encouragement doesn't just come from your outside forces. It comes from the
Manager, it comes from your City Attorney, and it comes from the Mayor and this Commission. And
without that encouragement, and without your saying to them repeatedly how much you appreciate them
being there for you, it will not continue in the future. We have an opportunity to build, and now is that
opportunity. After the Miami River Dredge, the next issue I want to touch on, because even though it was
only a hundred thousand dollars ($100,000), it was like getting twenty million dollars ($20,000,000), and
that's the hundred thousand dollars ($100,000) we got for Blue Lagoon. That was a tooth pull, start to
finish. The Governor did not particularly like that project. In the end, he let it alone. But again, that was
one of those that Marco Rubio took for us, start to finish, and, in fact, we have lawmakers throughout the
State helping us on the Blue Lagoon item. Virrick Park, that one, you know, again, Charlie Sembler really
made that happen for this community. That project was not supposed to be funded. It wasn't funded early
on. That was one of those we got slipped in, in the tail end of the process, a hundred and fifty thousand
dollars ($150,000) of found money. Miami Love Youth at Risk, I'm not sure that I understand the
Governor's veto of that money. That money has been in the budget year in and year out. I can't explain
his veto on it. He did not give us an opportunity to respond on that one. He did not give us any indication
that that issue was a problem until the veto came down the pike. Inner-City Youth Center, because they
are a part of this City, we want to just mention the fact that they got two hundred and sixteen thousand
dollars ($216,000), and we were meaningfully, Mr. Abrams and myself, meaningfully and substantially
involved in getting that money. And that, the credit on that goes to Senator Kendrick Meek, who, without
him, that money would not have happened. He gave up another one of his projects to make sure that two
hundred and sixteen thousand dollars ($216,000) remained in the budget. Those are basically the budget
issues that we had for you this year. I think we got literally, Mr. Chairman, Mr. Mayor, all of the issues
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that you asked us to get you from a financial perspective. On the issues of a substantive nature, I want to
just cover those, as well. We had our Traffic Fines Bill, and for those who are less familiar with it — and
that's probably more of the audience than members of this Commission body — that was the legislation
that allowed us to take the twelve dollars and fifty cents ($12.50) that is currently taken by the County and
utilized for their telecommunications equipment and other purposes, and allow us to hold onto that twelve
fifty and use it for our telecommunications systems. That legislation got through the Senate in relatively
unscathed fashion early on, it set down in the House in messages. We had commitments from Speaker
Thrasher. We had commitments from Speaker Designate Feeney that the bill was going to get heard in the
last week. They were not taking Rubio's bill up early, because it was down in messages, and we should
just relax, and it would happen. As the day wore on, on that last day, and nerves got frayed, and back and
forth, contentiousness built between the House and the Senate, that bill got left on the wayside. Before I
came here today, I had a meeting with Mr. Feeney and Mr. Fasano, who were controlling the flow of bills,
and had given us the assurances. And I, frankly, the only substantive issue I discussed with them today
was this issue. I needed to know before I came here whether or not there was a problem with the bill,
whether there was a problem with the City, was there a problem with our sponsor, where did it break
down. And their response was it had nothing to do with any of the above. It had to do with the fact that
we just chose not to take a lot of Senate messages, and that one got left by the wayside, and it had nothing
to do with anything. And they encourage us to bring it back next year. In addition to that issue was the
Orange Bowl sales tax issue. Again, the issue that came through the process, we did not get as much help
from our — from some of the people who had given us sponsorship support on the House side. And
unfortunately, when it came down to it, it was a money issue, and the concern became one of opening the
floodgates on the issue, because all of the other educational institutions of higher learning were standing
by the wayside, sort of salivating at the thought that they might be able to get in on this deal, as well. We
believe that not only is the Traffic Fines Bill passable next year, we -believe the Orange Bowl sales tax,
with some additional work on our part, is passable, is gettable, and we believe that we need to start on
both of those issues the day the election is over with, and the day the organizational session is held. We
believe those two bills need to be refiled and resubmitted, and believe that they are items that will get
done early on next session. The third issue of a substantive nature was an issue that the Mayor brought
forward and asked us to push. And we literally had the amendments ready to go. We spoke with the
Mayor in the closing days. He understood the risk of putting the issue on, that it might bog the bill down.
And that was the issue that would have given you, as a City, the ability to convert a portion of the Law
Enforcement Trust Fund dollars to other general spending purposes of the City, which would have given
you some recurring revenue flexibility to dip into the fund when you deemed it appropriate to solve other
problems in the City. In fact, we met with some of the labor people that we thought in the closing days
might have some concern. And interestingly enough, they were willing to be fine with it and sit on the
sidelines, not necessarily get out and support us with the amendment, Mr. Mayor, but were prepared not to
fight or argue about it. Our plan was to put that issue on the Traffic Fines Bill when it moved, ship it back
and be done. And Mr. Mayor, I want to take the opportunity to thank you for your willingness to pull off
of the issue, because we were concerned, as we got into the crunch, that if we,bounced the bill back, as we
told you by telephone, if we bounced that bill back to the Senate after it had been taken up on that last day,
our fear was the Senate wouldn't take it up. And as it turns out, it just wasn't an issue, because they just
didn't get the bill up in messages. We still believe that's a good issue. We think it's a good issue for the
City, because it creates financial flexibility, and it comes along on the heels of the parking surcharge,
again, which was another piece that we were able to convince Legislature helps the City in building its
stronger financial foundation. And quite candidly, the issue of the traffic fines, the issue of the Orange
Bowl are all sold on the same basis, which is you need to continue to give the City the ability to control
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their destiny, and that's how we do it. And so those issues were the substantive issues. I want to touch on
a couple of others that are going to — that not only would have, information act, impacted the City, but in
the future, will also. And before I do that, I want to touch on the Community Improvement Authority,
which I think you've got an item on your Agenda today to talk about that. You know, obviously, you've
got your appointments on there, and the bill is out there, you know, as a way that the City stays involved
in whatever the process is in building a stadium, should a stadium be built in this community in the future.
It not only gives you a couple of seats at the table, in the discussion, but it gives you the seats at the table
on a continuing basis as to where it goes. I will say to you that in my opinion, if the stadium ends up
getting built in the City, and assuming there are financial issues related to the City, I think it is only
appropriate that you go back next session from an advocacy standpoint and try to create some additional
seats for the City on that Authority. And I think that would be an appropriate proactive approach to
making sure that you have ongoing, forever involvement, should the stadium issue become a reality within
the City. Growth Management. There was a Growth Management Bill out there. It will ultimately be a
major issue within the process. The Legislature ended up not passing what they thought they were going
to do, which were minor changes. They were going to appoint a Growth Management Study Commission
under a bill that passed. That did not happen, because the legislation did not pass. In visiting with the
Governor as recently as a week ago, it is the Governor's intention, with consultation with incoming
Speaker Feeney and incoming Senate President John McKay that he will be appointing a Statewide
Growth Management Commission and begin to look at those issues. And I would look for growth
management issues to be at the forefront of legislative debate and discussion next year. Mr. Mayor, Mr.
Chairman, I would strongly encourage you, through your City Manager, to have any growth management
issues or issues that are of any concern to this Commission — and they should be, because as you continue
to do things like master planning of Bayfront Park and the like, those issues could bite you some other
day, in some other physical part of our anatomies, and it is, in my opinion, incumbent upon the City,
through the Manager, to have someone from your Planning and Zoning Department, or somebody from
the City Attorney's Office monitoring those proceedings, so that issues that are of concern are addressed
early on through the deliberations, as opposed to coming back after the fact, a report has come out and it's
difficult to make changes, very similar to what they did on the Building Codes. Growth management is an
issue the Governor wants to deal with and it is an issue the legislative leadership wants to deal with. It
will be dealt with next year. Number two big issue for next year, one bill that they did pass that creates a
Statewide Commission is the Tax Reform Commission. Commissioner Teele sat on the Governor's Tax
Reform Commission a number of years ago, and he knows, he knows full well how important tax reform
is after having sat on a Statewide Commission, looking at tax reform. I would suggest to you that this is
not merely an issue of tax reform, because what comes from this Tax Reform Commission, members of
this body, what comes from this, Mr. Manager, is revenue sharing reform. And let's not kid ourselves.
What's going to happen here is revenue sharing is not going to be the same in the future. And if you only
have a few places to send staff people -- I'd like you to send them to Growth Management —.but there
could be no more important place for this City to monitor than this Tax Reform Commission and it's
deliberations into the future, because they're going to be looking at the Internet tax, because they expect
Congress to make some changes in the moratorium. You cannot continue to look at 20 and 30 percent
cuts in sales tax, because people are doing their business on the Internet, and expect revenue-sharing
dollars to be the same or tax revenues to be the same into the future. It is, ladies and gentlemen, the
number one issue that this Legislature will deal with over the next two-year period. They will take the
first major move next session. The next move will be the session following. This biennium period, this
biennium period is critical, is critical to the future of local governments as it relates to what they do on
revenue sharing. Those people, those people who aren't paying attention today are going to wake up
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sometime late 2001 and realize that the ship left the port, the trucks left the shipping docks, and my
goodness, they didn't get on board. And all of a sudden, they found out they've been gored and they're
getting 30 percent fewer dollars in revenue sharing, because they didn't sit at the table. You cannot let the
League of Cities and the Association of Counties fight this issue on their own. This is the single most
important potential issue to face local governments that we've seen probably in two or three decades,
because that's how committed the Legislature and the Governor is to doing real tax reform and a rewrite
of revenue-sharing. I cannot tell you strong enough how important that issue is to you, as a body, from a
financial perspective. You know how much you rely on revenue sharing, Mr. Manager. If you haven't
yet, as a former Chief of the Fire Department, I know now as you write a budget for this City, you are
going to see how important it is, because you are going to get fewer dollars this year. And if we're not at
the table and we're not playing, you'll have even fewer in the future. Finally, the other commission that
passed from a Statewide legislation perspective is the Homeless Commission. And the Legislature has
made a decision with the Governor that they are going to begin to more fully address the homeless issues
of this State as a whole. I assure you, I assure you that this community is going to be well represented in
the Governor's, the Speaker's and the President's appointments to the Homeless Commission. We will
have a fully vested presence on that Commission. And why that's so important to this City is obviously
well known to each and every one of you. Off of those issues, I want to just talk a minute about the
appropriations process, because if there is a place, if there is a place — and Commissioner Sanchez and I
have had this discussion, the Mayor and I have had this discussion — if there is a place that we can make
further improvement in our productivity and in the results we bring to the City, is we can do a better job, if
you will, for lack of better words, "audibilizing" on appropriations issues as things move along. And I see
Commissioner Winton wincing at that. Let me explain to you what I'm talking about. For example, we
did not know, really until sometime in January and February what the rules were going to be and what the
process was going to be for water projects. We didn't end up submitting a water project because, frankly
— we got the Blue Lagoon in, but that was the only water project we submitted. We didn't really know
what the juvenile justice process was going to be. We still got Miami Love Youth at Risk in. We could
have submitted several more. We just weren't ready for it. We need to have, we need to have a system of
greater flexibility, so as the targets are moving and changing, we are proactive in coming up with ideas for
projects, whether they're water projects, whether they're Juvenile Justice projects, whether they're Health
and Human Service projects, whether they're Transportation projects, whether they're emergency
operations type projects. We've got to do a better job. We do, and we need to get the staff from a
perspective -- we need to do a better job, us, at educating your staff and making sure that we are pulling
them to a place where we think we can get found money, if you will. And that's not to say that we're just
creating things that are frivolous and the City doesn't need, but we're talking about responding to moving
targets of priorities that don't necessarily get set in November and December, 30 days, 45 days after a new
Legislature gets elected, or when the Governor presents his budget, and all of a sudden, there are three
new areas of priority. Let me tell you something, folks, I'll give you an example of what I'm talking
about. Nobody really knew until three days before the legislative session started that emergency
operations centers were going to be a priority. Nobody told anybody they were going to set up a process,
but they did. Frankly, the shortness of time, it's impossible when your staffs are working sometimes to
get them to come up with an idea. We need to start thinking of all the ideas out there in the world that we
might ask for money on, so that when a target presents itself, we're ready to grab a project out of your
Manager's pocket, out of your City Attorney's pocket, out of your Public Works Director's pocket, out of
your Fire Department's pocket, your Police Department's pocket, somewhere within the City. We've got
to be — we've got to get a little bit sharper, because, "A," this Governor's got a real sharp red pen. This
Legislature is responding to the Governor in full fashion. If it doesn't have a local match, if it doesn't
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have performance and outcome measures, if it doesn't have some kind of broader impact and some small
parochial look, it ain't going to make it. So we've got to do a more thorough job at responding to some of
the criteria that they continue to hand out. It is a process of evolution. The Governor's new at this game.
He's two years — he's 19, 20 months in. He's still really new at it. He's still learning. He's still
producing new edicts and new criteria for everything. We've got to be audibilizing, we've got to be
flexible, and we've got to move at the line of scrimmage in order to be more effective on the City's behalf.
We're all learning with this Governor. We're all learning with this Legislature. It's a changing time.
And the Legislature is changing; because term limits are guaranteeing that they're going to change. And
they're going to continue to change, and the rules are going to continue to change, and the process is going
to evolve. And until we go through two or three more cycles of members through term limits, we will not
yet have a full understanding of how we're going to need to respond to those Legislatures and the
Governors. A lot of new members next year, ladies and gentlemen. Lot of new members. You will come
to a Legislature next year that has 70 -plus new members, 70 -plus new members. It will take us a lot to
educate them, and we're going to do it. But we've got to educate them about what the needs are, what the
priorities are and why it is that this is an important community to support, both from a substantive
legislative perspective and a money perspective. Speaker Feeney, Senate President Designate McKay are
very sensitive to this community as a whole. Most importantly, most importantly, they are very sensitive
to the members of the Legislature that serve this community. You cannot, you should not ever lose sight
of the fact that they really are friends of this community. They come to this community and seek
guidance. They come to this community to seek support. And we cannot, we cannot lose sight of the fact
that they are important people. Players that are going to be important to you in the future-- Mario Diaz-
Balart, going back to the House, very important to this City. Gaston Canton, Marco Rubio, Carlos Lacasa,
Gus Ferrero, Manny Prieguez, people that are going to weigh in. When Ron Silver leaves the process two
years from now, we've got to hope, we've got to just hope, we've got to hope a lot that our delegation is
going to be able to mature quickly, and that our freshmen that we're going to elect this cycle into the
Florida Senate are going to become leaders overnight, leaders overnight. And we do have reason to
expect that through our conversations with the leadership. Ladies and gentlemen, in closing, thank you
again, on behalf of your entire lobbying team, who we believe have responded thoroughly and completely
to your requests. We try to be responsive at every turn that we can. We try to be effective on your behalf.
We may not win them all, but we're fighting to the end to do so. I want to just say to you, again, at
Commissioner Sanchez' request, we monitored every single piece of legislation that might have remotely
resembled a Trojan horse on a parking surcharge repeal or alteration. They were smart enough,
Commissioner, not to take that shot. And with that, Mr. Mayor, Mr. Chairman and members of this
Commission, again, thank you very much, and I'd be glad to answer questions.
Commissioner Winton: Mr. Chairman.
Mayor Carollo: Go ahead.
Commissioner Winton: Ronny, is there a need for, or a reason to, or a value to identifying a number of
key legislators from outside Miami -Dade County, and trying to bring them into Miami, and, you know,
some that may not have been here in a while, and show them what's going on, meet with the Mayor, meet
with the Commission, see some of the things that are going on in our community, including identifying
some of the needs? Is there any value in that?
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Mr. Book: That's probably the best question that I've had asked in a long time by anybody that I
represent. There's a very tremendous value to it, tremendous support to it. We've - you know, we've
been sort of in crisis management on behalf of the City since we got retained, and we've tried to do the
best job we could. Therecould riot be a better time to do that, Commissioner, than now in the middle of
the election cycle. You couldn't ask for a better time. Why is Tom and Feeney and Mike Fasano the
leadership of the Florida House of Representatives for the next year here today? They're here for one
reason, and one reason only. Mario Diaz-Balart at the present time is having a fundraiser at the Biltmore.
OK? They're here for one reason, and one reason only. They consider the legislators that represent this
area the most important members of this delegation. Let there be no question, whatsoever, about the
partisanship of the Florida Legislature today. It is the most partisan you have ever seen it. I can tell you,
I've been going to Tallahassee since 1972. I've read as much of Florida history as I could possibly have
read in my life, and I can assure you, there has never been a more partisan period in Florida politics than
there is right now. And let me make it very clear. Let me make it very clear. It is the partisanship that
you want to take advantage of, because it is – they are the legislators that represent this community that
are there in leadership. Villalobos, Silver, Lacasa, Canton, Barreiro. They're the players out there today,
folks. They are the leadership. I will tell you that I thoroughly Alex Villalobos to get elected to the
Senate, and I absolutely expect him to be named an appropriations subcommittee chairman in his first year
in the Florida Senate. There is no reason to think he's not, based on the conversations we've had. We
have a responsibility to try to bring those people in; Commissioner, and I would welcome the opportunity
to invite or to have our legislators invite the leadership in. We can get them in. You want Villalobos, and
Silver, and Diaz de la Portilla, and Meek and those guys inviting them in from the Senate side, and you
want the Cantons, and the Barreiros and the Rubios to ask Mr. Feeney and Mr. Fasano to come in.
Nothing could be more important to the future of this City, because they will understand your financial
situation. They will understand the need to pass that Traffic Fines Bill. They will understand what it did
to us to not get it this year. They will understand the Orange Bowl issue. They will understand the Law
Enforcement Trust Fund issue. They will understand the things at the river and the like that are important
to this City. I would welcome that opportunity.
Commissioner Winton: Then could we ask you to help us figure out how to get that organized through
Commissioner Sanchez and the Mayor's office?
Mr. Book: Absolutely. And we will, Ms. Wiley and I will get on that immediately. And I would try to --
Frankly, the right thing, Commissioner, if I could, without being disrespectful, the right thing is for me to
probably meet with Commissioner Sanchez and the Mayor, "A." `B," any other Commissioners that
would like some input in that discussion, if they would let me know either directly or through the Manager
and Ms. Wiley. The second thing that's important is that I sit down with Marva and the Manager, and sort
of lay out an agenda of discussion.
Commissioner Winton: OK.
Mr. Book: The worst thing you can do is come into a meeting like that and throw a book like this at them.
It will fall on deaf ears. We pick and choose, based on what we think they will listen to and will gravitate
to, and that helps define the agenda. We can always come back and add things —
Commissioner Winton: Right.
189 6/29/00
Mr. Book: -- that we didn't have to hit them with. You will have built them already. You will have
started that process.
Commissioner Winton: OK. Thanks.
Vice Chairman Gort: My suggestion is you get together with all of us, because we all have issues that we
would like to bring to the Congress.
Mr. Book: Right. I would welcome that opportunity, Commissioner, and I will do that.
Commissioner Sanchez: Mr. Chairman.
Mayor Carollo: Go ahead.
Commissioner Sanchez: Johnny, in the six years that I was up in Tallahassee, which I did some lobbying
for the Florida PBA (Police Benevolent Association), I'll tell you, the effective lobbying is only done 365
days a year. And it's proper preparation, and it's absolutely right, knowing when to find out what's going
to be — what are the issues that are going to be passed through the House side and the Senate side, and
appropriation, and knowing the key players, which is the most important part, to get your agenda in to
those key players and have support. And I think that what we've lacked here — and if I once again get
appointed by this Commission to be the liaison is, is that's exactly what we need to do. We need to meet
with every legislator in the Dade Delegation, find out the key players, have them come here in front of this
Commission. We need to prioritize whatever issues that each Commissioner wants to present here. And
we'll do that by — how we did it last year, which each one of you will provide me with what you think is
good for your district, and we will sit down with the lobbying team, and of course, Wiley, and sit down
with the Dade Delegation members, and try right off the bat, as quickly as possible, to get sponsors and
co-sponsors of what we think that we could get through. And Ron, you have way more experience than I
do, and correct me if I'm wrong. The only way, I think, and one of the key issues to succeed in
Tallahassee is having — giving that bill to the person who is going to get it done.
Mr. Book: Absolutely, positively. And I — you know, part of the problem in the House is their six -bill
limitation, Commissioner. And you and I have talked about that on a number of different occasions. And
the problem is, is that we need — one of the places we need to do a better job on behalf of the City is
getting the House members that represent this City to commit not less than one of their bill slots of their
top six to the City, so that — so that they know that every session that they're there, the City might, have
one, and they've got to hold a slot open for us. That's part of what we need to do. And in your
conversation, and conversation with the Mayor and members of this Commission, conversations with
members of the delegation, that's part of the messages. We've got to get them — and I hate to use the
word -- "trained" to be sensitive. But for lack of a better word, it's just sensitizing them to the need to be
responsive to the substantive priorities that the City has. And in fairness, Commissioner, Marco Rubio
was the right guy to take that Traffic Fines Bill. They wanted Marco Rubio to be a star. He is a rising
star. Unfortunately, you know, freshmen, as they move through, don't have, you know, quite the same
experience in pushing that Rules Chairman, and the Speaker and the Speaker Designate. And you know
what? Is was a learning process. Unfortunately, we lost in riding that. We rode the right horse. He was
the right horse to take that bill. It got caught up in -- I don't think there's a member of this Commission
that doesn't understand the legislative process in Tallahassee and the closing days. You certainly learned
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about it last year real well. You knew about it from your six years there. You know what happens in the
closing two days. It just got caught. We did the right thing. We just didn't expect it to end up as a last
day issue. And it ended up a last day issue because, again, sometimes, there are things lobbyists can't
make an impact on. The contentiousness between the two bodies, we knew it was coming, but we didn't
predict it was going to collide and, you know, have a railway crash on the last two days.
Commissioner Sanchez: Most of the bills that we didn't get through, we're planning on refilling them,
including the Orange Bowl and the Fine Bill. The Fine Bill has been going on for years. I could even
recall the Fine Bill.
Mr. Book: We're going to get that bill.
Commissioner Sanchez: It might have been modified, but I remember for many, many years being —
trying to pass Fine. What happens is if one City does it, then all the municipalities want to do it.
Mr. Book: Let me tell you something. Our biggest, our biggest problem on that bill this session was
North Bay Village. OK? North Bay Village didn't take "no" for an answer. And the way we were able,
quite candidly, to keep the County OK was to assure them that we were not going to let it get beyond the
confines of this City, because of the City's financial situation.
Mayor Carollo: Anyone else?
Commissioner Regalado: On the money for roads.
Mr. Book: Yes, sir.
Commissioner Regalado: In Dade County.
Mr. Book: Yes, sir.
Commissioner Regalado: The DOT (Department of Transportation) was hoping to get two additional
million dollars for lighting and sidewalks on the Coral Way renovation project. Do -you have any idea if
they did receive that?
Mr. Book: I do not remember that being in, Commissioner, and had it been on our list, we would have
done a — we would have tracked it and pushed it. I don't remember seeing that on the list of them. I don't
believe so.
Commissioner Regalado: No, but the money for the reconstruction of Coral Way was allocated last year.
Mr. Book: That's there. I just don't know if they put —
Commissioner Regalado: But they were seeking two additional million dollars, and they hoped that
within those two thousand millions for roads, they would get it. So they are trying to find out. I just
wanted to see if you knew about it.
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Mr. Book: I've got the Transportation list in front of me, Commissioner. I don't believe so,
Commissioner.
Commissioner Regalado: OK.
Mr. Book: Commissioner, if that's a continuing issue, if that's a continuing issue, I would appreciate it if
you would put it on your list when we get together with you, but also, through your list that you give to
Commissioner Sanchez. I will get with the District Secretary some time in the next 30 or 45 days to begin
talking to him about where he's going in the future, and I will raise that issue at that time, and see what we
can do to help support making it happen.
Commissioner Teele: Mr. Chairman, thank you very much. Ronny, thank you very much for the
presentation. You know, in a word, the concerns that I have deal more with the way the process has been
recast, and at some point, I'd like to really understand what our plan is to work with the Governor and his
staff in getting these projects in the Governor's budget. You know, I was surprised that Carlos Lacasa
wasn't as high on the list. It seems to me that he's one of the people that's going to be emerging as a
Chairman of the full House Committee Appropriations. And it seems to me that while we always run the
risk of offending some or leaving someone off, certainly, Carlos Lacasa is a person who's going to have
tremendous clout and should be mentioned. But I guess what I'm saying is the old process is the members
and the committee members, chairs like Carlos and others and the up and coming — and I'm appreciative
for that insight. But Governor Bush's process is very much departmental driven, agency driven. It seems
to me that at least in — at least the point of view that I want to at least associate myself with moving
forward is that I'm very interested in seeing how we can more positively affect the Governor's
departments and his budget process in getting activities in the budget, so that they're not subject to vetoes
and considered Turkish. And I guess I'm a little bit surprised that the focus for the last 45 minutes has
been on the members and really not on the Governor. And that's not a political speech at all, but I do
think this Governor, unlike every other Governor who has said they're going to do it, really has created a
new process. In that regard, Ronny, this Commission has voted twice. The Mayor even mentioned it
today. All communities have problems. And it was interesting you brought up the inner city problem,
funding for them. But there is one neighborhood that has no parks at all, and, you know, it's my
understanding that Ms. Wiley, and you, and, the Mayor and others have said that getting the ten to twelve
million dollars ($12,000,000) of funding for Little Haiti is something that should be a very, very high
priority. This is neither the time nor the place to get into that. There is a packet of information. But I
would very much welcome the opportunity to work through your office in meeting with the Governor's
Budget Office, and the Secretary of Community Affairs to try to get this up. You know, this thing has
floundered around. We all recognize it's a problem.. We've got way too many neighborhood parks in
some ways, but we certainly lack — neighborhood parks that don't have staffing to run them, I should say —
but in some ways, we have a debt. This City, not as a district item, but this City has recognized that Little
Haiti needs a park. And the Department of Health and — Youth and — Children and Families, the previous
secretary came down and commiserated with us, if you will, and' indicated that the previous Governor
supported that. We've gone through all of that. But I really do want to just be on the record here and now
as saying I'm going to be very frustrated with the entire process in Tallahassee, and the Governor and our
lobbying effort unless and until, you know, we get a bill or we get the Governor to say no, and veto it, or
we get the Legislature to at least have the appropriate legislation. So I'd like to discuss it at some other
time. But the twelve million, the ten to twelve million dollars for land acquisition, for land acquisition for
a significant park in Little Haiti has been passed out two — at least twice as a high priority list. It's a
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0
record that thick. And we'll ask the Clerk, if you don't have it. We had testimony. The most vivid part of
that testimony was the Chairman said, "You are a very large person," to someone in a funny — in a not so
funny, but hopefully funny way. But we really need to get focused on the park in Little Haiti. And I just
say that as — not in response to anything that you've said, but more in response to what hasn't been said.
And I'm really concerned about that.
Mr. Book: Could I just briefly, Mr. Mayor, through you to Commissioner Teele. Number one, I must
have done a bad job of communicating, because the first thing I want to just reiterate, I thought I had
mentioned Carlos Lacasa a couple of times. If I didn't do it sufficiently enough, let me just say to you that
nobody, there is. nobody in this legislative delegation that will be more important to this City, to this entire
community than Carlos Lacasa. I consider him to be a friend. He is a great leader. The future of what
this City gets out of the budgeting process for the next two years depends on Carlos Lacasa. He is the
next Appropriations Committee Chair. I did mention that. I want to make it clear, there is nobody more
significantly involved in the process, number one. Number two, on the issue of the Governor and the
budgeting process and you and I will visit. I think we have an appointment scheduled to talk about a
couple other issues. But let me just tell you this. Number one, we communicate not only with Don
(inaudible), the Budget Director, on an ongoing basis, we communicate with (inaudible), the Deputy
Budget Director, on an ongoing basis. We visit with each of the budget analysts on an ongoing basis.
And we are submitting our projects, Commissioner, through that process. It would be unfair for me not to
say to you that I do not believe there is any project we will come up with that the Governor would include
in his budget recommendations. What the Governor has said — and I have visited with the Governor on
multiple, multiple occasions about his budgeting process. And the reason we have been as successful in
his office and through the veto process as we have is because of the communication we have with him
directly, as well as the budget staff. But his plan is to further refine the review process I was describing
very, briefly earlier. I could sit here probably for six, or eight or ten hours and talk about the things that
we're doing, but the Chairman says he isn't going to let me do that. The point being that they change
those priorities in August, in September, in October, in November, December, January and February. Ms.
Wiley had your staff in the Manager's office and in the different departments change the submissions not
less than seven different times on the same projects, responding specifically to the rules that the Governor
continued to change, because he was in this process of evolution. We intend, Commissioner Teele, to
continue to do that. You are 100 percent correct. If we are not dealing with the Budget Office, if we are
not dealing with the Governor directly, we will not have success. Every project, every project that gets
into the budget and survives has to go through a process. Blue Lagoon survived, 'Commissioner Teele,
because it went through the water process. It went through the water process. And that's why it survived.
The Governor, in the worst way, wanted to veto Blue Lagoon. He couldn't touch it, because although it
wasn't in his budget rec's, it came through the process he designed. We followed his rules. He had no
choice. And that's a conclusion out of his mouth that he reached. You are 100 percent right. On the
Little Haiti issue, Commissioner, let me tell you the brief problem. The brief problem is they don't have a
process to solve our problem. They have (inaudible), of which they are talking about raising in the future
the amount of money they allow for projects. But to think that we're going to get ten million or even a
million dollars ($1,000,000) for it, we're fooling ourselves. We need to come up with a better way with
the DCA Secretary to do some things in Little Haiti. And 1, when I come and sit with you, got that on my
list to talk to you about first, because nothing would make me happier than to make that problem solved
for you. Thank you, sir.
Mayor Carollo: Ron, thank you very much for the presentation.
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Mr. Book: Thank you, sir.
E
Mayor Carollo: And to Mike Abrams and to Rosario. We're going to jump now to PZ items.
Commissioner Gort is going to have to leave within two hours or less.
Commissioner Teele: He's leaving?
Mayor Carollo: Yeah. So I think it would be wise to have this Commission jump to the Planning and
Zoning items.
Commissioner Sanchez: I'll tell you what —
Commissioner Regalado: Mr. Chairman, after.we do PZ, can we come back to the Commissioners' items,
Mr. Attorney?
Mayor Carollo: Who will be left here?
Vice Chairman Gort: I don't have any problems. We can listen to the Commissioners' items now, but if
they could be nice and short so we can —
Mayor Carollo: You want to jump to some emergency ones? Because I don't think you're going to be
around for them. And you got quite a few PZ items still.
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43. DISCUSSION AND PERSONAL APPEARANCE BY JAY CONSTANTZ, EXECUTIVE
DIRECTOR OF THE BAYFRONT PARD MANAGEMENT TRUST.
Commissioner Sanchez: Well, if I may. I've had the Executive Director of Bayfront Park here since
about 10 o'clock this morning, and if we could allow him just to come up and say a few words, introduce
himself. I am prepared to defer my other five Commissioner's item if it's the will of this Commission, but
I've had Jay Constantz here since 10 o'clock in the morning. And also, while the summit -- We need to
discuss also the legislation — no the Developers Summit 2001. So if it's the will of the Commission, Jay
has come to Bayfront Parkas the Executive Director with 17 years of experience, not only in special
events, but entertainment and facility management. So Jay, if you could just say a few words, introduce
yourself, and what are your goals for Bayfront Park. .
Jay Constantz (Executive Director, Bayfront Park Management Trust): Thank you, Commissioner. Mr.
Mayor, City Commission, my name is Jay Constantz. And as Commissioner Sanchez says, I'm honored
to be in Miami working in Bayfront Park as the Executive Director. I do come to Miami and Bayfront
Park with over 17 years experience in entertainment, facility management experience. That experience
has taught me the importance of fiscal responsibility and integrity. I pledge to you and the citizens of
Miami that those qualities will guide me in my job here in Miami with Bayfront Park. And I would like to
work closely with the City Commission and with your constituents to both increase the quality and the
quantity of the events that Bayfront Park hosts. Thank you for your time.
Commissioner Sanchez: Thank you, Jay.
Mayor Carollo: Thank you, Jay.
Commissioner Sanchez: Does anybody have any questions of the Executive Director?
Mayor Carollo: Welcome aboard again.
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44. DISCUSS AGENDA ITEMS TO BE DEFERRED AND ONES TO BE HEARD AT CURRENT
MEETING,
Mayor Carollo: You said you had one more here.
Commissioner Sanchez: Yeah. I have one more that was deferred the last time. If I could have -- It's
just a discussion, update concerning the Developers Summit 2001, which has received support from the
CRA (Community Redevelopment Agency), the DDA (Downtown Development Authority), and the City
Administration and the Mayor on this.
Mayor Carollo: That's fine. Let me just go through quickly and see which emergency items each
Commissioner has. Going to District I, Commissioner Gort, is there anything you need to take up today
that can't wait till the next meeting?
Vice Chairman Gort: It can wait till the next meeting.
Mayor Carollo: Commissioner Regalado, anything that you need to bring up now that can't wait till the
next meeting?
Commissioner Regalado: Yes, Mayor.
Mayor Carollo: Tell me which items they are.
Commissioner Regalado: I would defer the Tower Theater agreement.
Mayor Carollo: Excuse me?
Commissioner Sanchez: No, the ones that you want to be heard first.
Commissioner Regalado: Oh, that I want to have heard?
Mayor Carollo: The ones that are emergencies that you need to have heard.
Commissioner Regalado: "A" and "C."
Mayor Carollo: "A" and "C"?
Commissioner Regalado: Yes.
Mayor Carollo: Commissioner Teele?
Commissioner Teele: Mr. Mayor, thank you. I wouldn't qualify anything as an emergency. However, at
the end of the PZ, I would like to take up the ordinance that's related to noise regarding the NAP
(Network Area Point) construction. That's very time sensitive, in that it's got to have two hearings. And,
you know, I don't like emergency ordinances, anyway. And I would like to have a discussion at the end
of the evening on the Brickell Park with the City Attorney and the Commission.
196 6/29/00
Vice Chairman Gort: Commissioner Teele, if I may. We have some individuals that have been here all
after noon representing the Brickell Area Association. So if we could hear that now, I don't think there
would be any problem. I think we all more or less have the same thinking.' So if we could take that up,
Mr. Mayor.
Mayor Carollo: That's fine. Let me just ask from the Planning people if you have any feeling, based
upon the items that we have for Planning and Zoning, how much time do you estimate we might need to
finish that part?
Lourdes Slazyk (Assistant Director, Planning & Zoning): The Agenda is non -controversial. There aren't
any major items. I don't think it would need very much time.
Mayor Carollo: OK. All right. Then do you mind jumping then to "C"?
Commissioner Sanchez: Mr. Mayor, I would defer the Miami Development Summit at this time and
allow Commissioner Teele to bring out the Brickell Park, and then we would come back to the Developer
Summit 2001.
Mayor Carollo: All right. Thank you.
197 .6/29/00
45. FIRST READING ORDINANCE: DECLARE EXEMPTION FROM PROHIBITIONS
CONTAINED IN SECTION 36-6(a) OF THE CITY CODE, RELATED TO LEVEL AND HOURS OF
NOISE RESULTING FROM CONSTRUCTION EQUIPMENT LOCATED IN THE PARK WEST
AREA OF THE COMMUNITY REDEVELOPMENT AREA.
Commissioner Teele: Mr. Chairman, if you would allow me, if I could just read this. This is a non-
controversial ordinance. It's going to require two readings, but it's very time sensitive.
Mayor Carollo: OK. All right. Bring this one up first, and then we'll go to Brickell Park.
Commissioner Teele: OK. If I could, I would move an ordinance of the Miami City Commission
declaring an exemption from prohibitions contained in Section 36-6(a) of the Code of the City of Miami,
as amended, as related to the level of noise and hours of noise resulting from construction equipment
located in the Park West area of the Community Redevelopment Area. Said exemption should be
effective for a period of one year from the effective date of this ordinance. It's seven days per week as
follows: Monday through Friday, from 5:30 a.m. to 11 p.m., and Saturdays and Sundays, from 8 a.m. to
11 p.m., containing a repealer provision and severance clause. I would so move.
Commissioner Winton: Second.
Mayor Carollo: There's a motion and there's a second. Any questions on it? No questions. Can you call
the roll, please?
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION DECLARING
AN EXEMPTION FROM THE PROHIBITIONS CONTAINED IN
SECTION 36-6(a) OF THE CODE THE CITY OF MIAMI, FLORIDA,
AS AMENDED, AS RELATED TO THE LEVEL AND HOURS OF
NOISE RESULTING FROM CONSTRUCTION EQUIPMENT
LOCATED IN THE PARK WEST AREA OF THE COMMUNITY
REDEVELOPMENT AREA, SAID EXEMPTION TO BE IN EFFECT
FOR A PERIOD OF ONE YEAR FROM THE EFFECTIVE DATE OF
THIS ORDINANCE, SEVEN (7) DAYS PER WEEK AS FOLLOWS:
MONDAYS THROUGH FRIDAYS: 5:30 A.M. TO 11:00 P.M. AND
SATURDAYS AND SUNDAYS: 8:00 A.M. TO 11:00 P.M.;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
198 6/29/00
•
was introduced by Commissioner Teele, seconded by Commissioner Winton, and was passed on first
reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Mayor Carollo: It passes unanimously.
Commissioner Teele: With a request that the second reading be held for the next available Commission
meeting. Thank you.
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•
46. CITY ATTORNEY TO MEET WITH BRICKELL FAMILY HEIRS WHO DONATED
BRICKELL PARK TO THE CITY, TO NEGOTIATE A VIEW TOWARD HAVING THE CITY
RETAIN SAID PROPERTY ASA PARK.
Mayor Carollo: We're now in Item C, discussion concerning Brickell Park.
Unidentified Speaker: Thank you. My name is —
Commissioner Teele: Mr. Chairman, thank you very much. I asked that this item be placed on the
Agenda. I want to defer to my colleague, Commissioner Winton, if he would like to state or take the lead
on anything. I placed this on the Agenda primarily because I read in the newspaper for the first time the
ongoing discussion between the County Archeology Department and the City Planning Department
relating to our own preservation efforts. And had I known what was reported — and I'm assuming that's
true — at the time, I don't believe that I would have instructed the Manager, the Attorney as we instructed
the Attorney. And my question, Mr. Attorney, is, were you aware of the fact that the area is apparently a
burial ground when you were making your presentation to us?
Alejandro Vilarello (City Attorney): Commissioner, we were aware that the Brickells had a mausoleum
on the site. I was under the understanding that any of the bodies interned in that mausoleum had, in fact,
been removed. Although we are aware that development in any of the downtown area close to the Miami
River is going to be — may have significance or may have artifacts of ancient sites. And anything
associated and close to the river is going to have that. And of course, it'll have to go and be "remediated"
through the process of, you know, the Historic Preservation Board and all of the appropriate conditions
and requirements of those applications for any kind of development in that area.
Commissioner Teele: Well, I guess at some point, we should get on the record from the Planning
Department or her designee how — I mean what the status is, because it's my understanding that the status
of the site, without regard to the mausoleum, which is obvious, I think, to anyone that goes by is that this
was a burial area that the County noted it, but as some matter of policy, they didn't make public
pronouncements, because apparently at some period in our community or in the country, once this was
known, then there was sort of uncoordinated finding or digging up of these Indian remains. And so
apparently, they had a procedure of keeping this sort of on a need -to -know basis from the County to the
City. If this is, in fact, a burial area, as Mr. Carr is quoted as saying that it is, or at least they actually
recovered Indian remains from there, and have, you know, sort of kept it under wraps, it clearly means
that this area is going to have to go through a whole series of other reviews, which really changes the
marketability and the value of the property dramatically. And I guess I'm looking for the Manager to put
on the record. But without pulling this out, I guess I'd like to hear from the public. But my position is
when I was asked to support the legal opinion, which I realize that according to the Attorney that our,
position is not strong on a legal basis, because of certain things that happened in the mid -`80s or the late
`80s by the City failing to perfect and protect its position. And so we were in a position of sort of trying to
salvage the best of a very, very bad situation, and that was the basis by which I supported this. Now, the
press, of course, hasn't portrayed it that way. They portrayed it that we pell-mell, just sort of agreed to
sell this land. But that's life in the big City. The problem, of course, is, had I known, and I think had
most of the Commissioners known that this site was an archeological site, it clearly changes the value, and
the valuation and the availability for the sale before the — it has a commercial development aspect on it.
200 6/29/00
This could take ten years, it could take 20 years, it could possibly take longer. So my question is, have we
talked to the owners or the heirs to determine whether or not they would sell it back to us, in light of this?
But without further ado, Commissioner Winton, I want to yield to you, because I know you've been the
lone voice saying "no" on this. And I want to join your voice, but I want to be responsible in the context
that this is a lot more complicated than it's been portrayed in the public, particularly given the fact that
according to some legal analysis, we have very few rights to litigate over at this point. Is that a fair
statement, Mr. Attorney?
Mr. Vilarello: Obviously, in every litigation, there's strong points in our case, and there's weak points in
our case. We felt that this settlement was in the best interest of the City, given the alternative. So the
worst case scenario is we're losing the park all together, and having the park developed anyways. And the
best case scenario was to be able to maintain it as a park, if we were able to overcome some problems
where the property had already been transferred, in fact, in title to the Brickell heirs. If we could have
overcome those problems, there may have been an opportunity for us to keep the park.
Commissioner Teele: Did you brief the Mayor on this directly? I mean -- Mr. Mayor, I just want to —
we've not — I'd like to know, really, where you are on this or what you'd like to see, because this has
become very convoluted. On the other hand, I'm not trying at all to put you on the spot on this. I'd like to
hear from the public as well. But it seems to me that if this site is going to require significant
archeological excavation and qualification, it seems to me that we may be in a position to sort of do a
reverse merger, if you will, with the owners that were putting us out, and we were taking money from the
sale. Why don't we offer to buy it back from them as an option?
Mayor Carollo: Well, Commissioner, I was listening to you till that last part that we're now giving them
money. On that one, you lost me. .
Commissioner Teele: Well, OK. Well, take that, extract that part. Forget that.
Commissioner Winton: Right. Yeah, take that part back.
Mayor Carollo: Yeah. But let me go back to your original statement; which I'm glad that you put it
clearly on the record, because that is correct. That's why you brought up this item. I don't think that
anything that has happened since then has changed the opinion that the City Attorney gave as to why he
felt that we should go forward in your original motion. I mean, that is, I think, something we could all
agree on, that his original opinion has not changed because of this. The only question would be is, where
do the Brickell heirs stand now? Well, maybe they might feel that the property is not worth as much. But
I will tell you that I don't think that they're going to forgive or forget any rights that they might think that
they have. So we still have that to contend with. And what they're going to want from us — I don't want
to get into another circle deal on this here. But let -- You know, you asked where do I stand. And as
Mayor of the City, I'm very, very concerned that if we're setting precedents that every time someone
claims that there might be bones of prior Indian tribes from the area that are found, and this is going to
stop development, then you know what's going to happen? We're going to stop all development in
downtown Miami, because in that whole site around the mouth of the river, and for maybe half a mile or
more each way, it would be very difficult not to find some Indian remains, and let me tell you why. Does
anyone know of a single full skeleton that's ever been found of a Tequesta Indian? Bring our expert. You
need to listen to this.
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Sarah Eaton: Sarah Eaton, Preservation Officer.
Mayor Carollo: Sarah.
Ms. Eaton: I am not an expert on that. I'm not an archeologist.
Mayor Carollo: Well, but you're as close as we have, Sarah.
Ms. Eaton: I wish I could answer a question about that, but I'm sorry that I can't.
Mayor Carollo: Well, the answer to that, Sarah, is no, there never has been one found. And I doubt if
there will ever be one found, for the simple reason that the Tequestas would — they believed that it was
good luck, a pleasant token to dismember the bodies, the remains of their dead, and they would
dismember the bones, and they would keep it —
Commissioner Teele: That was a trick question.
Mayor Carollo: No, it was not a trick question. It was something that we need to know, because what
you're going to find 'all over that land there, just about every place, you're going to find, if you dig
enough, remains of Indian bones, the Tequestas, because they would not bury any of their dead fully.
You're going to find parts here, parts there, but you're not going to find a full skeleton. So —
Commissioner Teele: You know — where's Johnny Winton? Johnny, you were right. He can dig up stuff
nobody else can.
Mayor Carollo: Well, talk about bringing the skeletons out of the closet, huh? Well, I got encouraged to
read a little bit of history back in the circle days. So, you know, while I certainly respect the issue of parks
and that we need it, I think there's another valid issue that could be discussed. If we're going to go strictly
on whether they're remains or not, partial remains, a skull, a foot bone, a hand bone that is found, we're
going to have a major problem in developing just about any major site that we have left in downtown
Miami, or anyone is going to be petrified to tear down an old building to build a new one. Because of
what I've just described here, you're almost, you know, sure to find some form of bones, some form of a
part of an old skeleton somewhere, and particularly the area of downtown and the area of North Brickell.
In fact, that area there was one of the first areas founded in the New World. St. Augustine was founded
100 years before any other city in America, and about three months later, Ponce de Leon sailed down, and
he was the first European to discover that area. So that's where I stand, Commissioner.
Commissioner Teele: It's an excellent history class. I'm impressed.
Mayor Carollo: That's where I stand, if it makes sense to you.
Commissioner Teele: It makes a lot of sense. The only thing I would change, like you just said, the last
sentence,
"discovery" is an archaic term. It's "encountered." It's the new term of art. When Ponce De Leon
encountered the —
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Mayor Carollo: Whatever it might be. Whatever it might be. But this goes beyond this particular park
site. I think that we really should be concerned for future development in Miami. For instance, we have
approximately one billion dollars ($1,000,000,000) or more of future construction that we have in the
Dupont Center site. You're going to be almost,certain to find remains in that area if the Dupont Hotel
ever gets torn down, you know.
Vice Chairman Gort: It won't.
Mayor Carollo: You'll find something there.
Commissioner Teele: Big.
Mayor Carollo: Who knows how big.
Commissioner Winton: Mr. Chairman may I?
Mayor Carollo: Go ahead.
Commissioner Winton: Commissioner Teele, you asked me to weigh in on this issue. I voted "no"
originally, and that was my very first Commission meeting. So — and it was my first four/one vote. But I
voted against this for a couple reasons. One is that is a park that's valuable to the community of Brickell,
both the East Brickell and West Brickell area. There are so few real green spaces in that area. This is
desperately needed for that community. And I voted against the settlement issue because I felt strongly
that this should remain a park. And I, like you, didn't know anything about any Indian remains on the
site. I didn't vote for it because I had any new information. I have not done my history lessons
appropriately. But I also found it ironic — and this is part of the rub that just really grates at me — that the
Brickell family originally sued the City of Miami to take back the site because we weren't maintaining it
to the standards that they deemed appropriate. Yet they're fully prepared to forget about the park now.
We're not maintaining it to the standards that are appropriate for a park, but now, the Brickell family
wants to pave it over and build high-rises on it and put the money in their pocket. I find that really ironic.
I didn't feel -- and I voted against this also, for the very reason that the Brickell family was getting to
pocket a whole bunch of money that I felt they didn't deserve at all. And I felt strongly that we should
continue as a City to fight to get back that, which was duly ours, and maintain it as a park forever in that
area. And I feel that way. I felt that way on my first Commission meeting, and I feel just as strongly
about that today. So I hope that whatever action that this Commission — new action this Commission may
take heads us in a direction that allows us to preserve that area as a park for the residents of the Greater
Brickell area forever.
Commissioner Teele: Mr. Chairman, I know the time is getting late. I'd like very much to hear from any
person from the public that has come out on this. I know that we have a president of an association here.
Wayne Stringer: Thank you very much. I appreciate the opportunity you're affording us to step forward
and share with you our perspective from a community standpoint. My name is Wayne Stringer, and I am
this year's president of the Brickell Area Association. I represent the business organizations along the
Brickell Corridor, inclusive of Brickell West, Brickell owners and operators. Additionally and more
203 6/29/00
importantly, I'm here today also representing a coalition to save Brickell Park. That coalition consists of
approximately 20 various civic organizations that have all come fort with similar interests in preserving
the park, for reasons that we share that I would like to also offer to this Commission. To give you an idea
of those organizations -- All of these organizations, by the way, have either signed letters of resolution to
support saving the park and oppose selling the park, or have provided written letters of support. And
some of these organizations are here today. For example, the Archeological Conservancy, Audubon of
Florida, Brickell Area Association, of course, Brickell Homeowners Association, City of Miami Chamber
of Commerce, Coconut Grove Chamber of Commerce, Dade Heritage Trust, Friends of the Everglades,
Miami Alliance of Historic Districts, Miami Roads Association, New World Center Group, Sierra Club,
Nature Conservancy, Tropical Audubon, Trust for Public Land, Urban Environmental League, and the
Villagers Organization, among others. I should tell you I also feel responsible from a capacity of
representing well over a thousand Dade residents from all over who have also signed a petition to support
saving the park. The reasons why all of us collectively feel that that's important is several -fold. First, as
was commented on earlier, we also believe the City of Miami to be a great City. And we believe very
strongly that great cities must have great parks and green spaces. And for Brickell Avenue, we believe
that Brickell Park is that park or certainly has the capacity to be. The fortunate thing about Brickell Park
in our opinion is that it is already a park. The other reasons why we think that that's an invaluable asset to
protect, we understand that it is historically important. As we all know, the Brickell mausoleum is there.
It's also believed that there still may be a descendant, a Brickell descendant buried in that park area. And
lastly and perhaps most importantly is for its archeological value. And I have brought with me and would
like to read and share for the Commission a letter that was written from the Executive Director of the
Archeological and Historic Conservancy regarding the matter when it was studied some number of years
ago. And if I may, this letter was written to the archeologist at Miami -Dade County, and this was a recent
letter reconfirming some historic findings. And the letter reads as follows:
"Dear John, I want to clearly document the fact that unmarked human graves are located within
Brickell Park. In 1981, when I was the Miami Dade County Archeologist with your agency, I dug test
holes within the park with students from the University of Miami to determine the southwest boundary
of ADA -12 Miami (inaudible) 2. This was a short time after our agency completed the monitoring of
the construction of the adjacent Holiday Inn, now the Sheraton. At least one of our test units
uncovered broken human bones, such as cranial fragments, long bones and teeth. As soon as these
bones were recognized, I stopped the digging and placed the bones back in the hole and refilled it. It is
my opinion that this part of the site represents an area of Tequesta graves, probably at least 500 to
1,000 years old. The number of individuals, extent of these graves or the boundary of this prehistoric
cemetery is currently unknown, since we did no further digging once we became aware of the graves. I
also want to alert you to the fact that there is the possibility that an historic grave exists in the park. I
received information from two informants that a coffin holding the remains of one of the Brickell
children is interned within the park. One of these informants reported to me in 1964 or 1965 that he
and a friend had dug. up what he described as a coffin, partly made of led, with a glass window within
the coffin lid. When they realized what they had discovered, they re -interned the coffin back into the
hole. Collaborating this report was a separate informant, the late Stan Cooper of Coconut Grove, who
reported to me that Maud Brickell had told him that a child's grave was in their garden area, which I
believe is now in Brickell Park. This information about human remains has been provided to the City
of Miami on several occasions, and records of that correspondent should still be on file in folders of the
City of Miami correspondence on Brickell Park. "
204 6/29/00
In short, of course, I'm here on behalf of the Coalition, the Brickell Area Association, and Dade County
residents to ask that the Commission reverse or unmerge the previous. decision to allow Brickell heirs to
sell the park.
Commissioner Teele: To do what?
Vice Chairman Gort: Thank you, sir.
Mr. Stringer: To sell the park.
Vice Chairman Gort: To reverse the —
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: To reverse the decision that was made before.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir. Thank you, sir.
Commissioner Teele: I would move that the City Attorney be instructed to meet with the Brickell heirs to
see if the heirs would be willing to work with the City in any manner, shape or form, including any and all
options to retain the area as a park.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Any further discussion?
Commissioner Teele: Report at least by the last meeting in July.
Vice Chairman Gort: Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
205 6/29/00
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-561
A MOTION INSTRUCTING THE CITY ATTORNEY TO MEET WITH
THE BRICKELL FAMILY HEIRS (WHO DONATED BRICKELL
PARK TO THE CITY OF MIAMI) TO NEGOTIATE WITH A VIEW
TOWARD HAVING THE CITY OF MIAMI RETAIN SAID
PROPERTY AS A PARK AND REPORT BACK TO THE CITY
COMMISSION DURING THE MEETING CURRENTLY SCHEDULED
FOR JULY 27, 2000.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
206 6/29/00
47. AUTHORIZE MIAMI DEVELOPMENT, SUMMIT,'A CONFERENCE OF REAL ESTATE
DEVELOPMENT PROFESSIONALS AND END-USERS TO SHOWCASE DEVELOPMENT
OPPORTUNITIES IN THE CITY; ALLOCATING FUNDS $60,000, FROM NON -DEPARTMENTAL
ACCOUNT.
Vice Chairman Gort: What other items?
Commissioner Sanchez: The Developers Summit 2000, Mr. Vice Chairman, if I may.
Vice Chairman Gort: The who? The who?
Commissioner Sanchez: Miami Developers Summit 2001.
Vice Chairman Gort: Oh, OK.
Commissioner Sanchez: Diane Johnson.
Diane Johnson: It is 2000.
Commissioner Sanchez: Yes.
Ms. Johnson: 'I.
Commissioner Sanchez: Thank you, Mr. Vice Chair. The Developers Summit 2001 came out of the City
recuperating from its financial difficulties, a sixty-eight million dollar ($68,000,000) deficit. And getting
out of that, now is the perfect opportunity with all the redevelopment and development that we have in our
community, I think that there's no better time than this one to move this project forward, which allows us
the perfect opportunity to, one, stimulate the interest in Miami's development opportunity for presentation
to the real estate industry, professional, including developers, attorneys, architects, planners, designers and
financials, including the banking industry. This would give us the perfect opportunity to showcase the
development opportunities in our City. Of course, we know that one of the quickest ways to recover from
financial difficulties is the recurring revenue that we're all counting on for the next years to come. This
would allow us to, one, bring in not only local developers, but also international developers to our City
and showcase our City, and come with a new plan to alleviate a problem that has existed in this City for
many years, and that is developers complaining of, one, the City bureaucracy in the Planning Department,
the strict restrictions that are placed on them, and I think that the friendly atmosphere is in question by
many developers. So we got together and put this forth. I would like to thank Diane Johnson and all the
members of the City, the Administration, the Real Estate and Economic Development, the Mayor, who is
clearly in support of this, the Administration, the DDA (Downtown Development Authority), which has
been in great support, Commissioner Gort, the CRA (Community Redevelopment Agency) with
Commissioner Teele that has also shown interest in moving this forth. This is -- as it is right now, we
have had several meetings, and we have partners, twelve business and one educational institution that has
so far committed to planning this event. This event is formatted as a two-day and a half conference,
connecting to the weekend for maximal attendance. There will be approximately three concurrent
working sessions or panel discussions for each half-day, alternating with several guide tours of our local
areas and facilities, demonstrating developers trends and issues. They will be interspersed with banquet
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meals for all attendees. They will also feature a speaker of panel discussion, highlighted with a
welcoming cocktail reception and a dinner cruise. We have put out this package, which provides all the
information. And Diane, if you could go ahead and elaborate a little bit more on this plan that we have for
our City.
Ms. Johnson: Thank you, Commissioner. Diane Johnson with the Department of Real Estate and
Economic Development. It's been my pleasure to work with the Commissioner and his staff, and
members of the community in planning this event, which we would like to have occur in January of 2000.
The dates would include a --
Commissioner Sanchez: 2001.
Ms. Johnson: 2001. Excuse me. The dates that are available at the Hyatt Center include a Saturday and
Sunday, January 20th and 21St. The actual conference days would be the 22nd through the 24th. We have a
great deal of interest. The Urban Land Institute, which is a nationally recognized — internationally
recognized organization of real estate professionals has agreed to —
Vice Chairman Gott: Excuse me, Diane. Can we get somebody to gather that meeting outside and take it
some other place?
Ms. Johnson: Thank you. The Urban Land Institute has agreed to assist us and co -host the event. We
have a great deal of interest from academic institutions, including the University of Miami and the
FIU/FAU (Florida International University/Florida Atlantic University) Joint Center, which also would
provide panelists. We have a simultaneous effort going on where we are working with representatives of
the development community, Planning staff, Building Department staff to see if there are ways that we
can improve our development procedures to facilitate development, and smooth out the rough edges, and
try to get things happening correctly and more smoothly, and the results of this ongoing task force, we
hope to make a highlight and announce during our conference. At this point, we are in a time .frame where
we need to make a commitment for the hotel rooms. We need to have a meeting planner on staff who is
skilled with pulling these kinds of activities together. And there is also before you a resolution which
would allocate funds for this purpose. It is the intent, and we have very strong support within the
development community that 90 percent of the cost will be covered through sponsorships. Nevertheless,
we need funding to get started.
Commissioner Sanchez: Very clear that 90 percent will be underwritten by many firms that have already
shown interest in assisting in sponsoring this. Once again, I want to thank yourself, Mr. City Manager, for
putting this in the budget, and the whole staff of the City, and my colleagues. This is a great, great event
for the City. And I want to present this resolution, which is asking for sixty thousand dollars ($60,000) to
be afforded for this summit. The resolution reads as follows:
NOTE FOR THE RECORD: At this point, Commissioner Sanchez read the pending resolution into
the public record by title only.
Commissioner Sanchez: So here move.
Vice Chairman Gott: Is there a second?
208 6/29/00
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•
Commissioner Regalado: I'll second it. Just a question. Mr. Manager, is the money available for —
Carlos Gimenez (City Manager): Yes, sir.
Commissioner Regalado: And it's coming from?
Mr. Gimenez: Non -Departmental.
Commissioner Regalado: Which — I mean, is that in the budget? Is it --
Mr. Gimenez: Yes, sir, it's in the budget.
Commissioner Regalado: OK.
Vice Chairman Gort: Further discussion?
Commissioner Regalado: The rest will be
Commissioner Sanchez: Ninety percent is going to be underwritten by several companies and firms that
have agreed to sponsor it.
Commissioner Regalado: OK. Do we have to pay the Knight Center?
Ms. Johnson: No, not really. The participants, the attendees will essentially be covering all of those costs.
Commissioner Regalado: No, no. I'm saying do we have to pay the space that we are going to use in the
Knight Center for this conference?
Ms. Johnson: The way the arrangement is worked is we try to guarantee them a certain number of rooms
that will be booked by people participating in the conference itself. And given the number of rooms that
we're asking for our guests to — room nights, the accommodations, the meeting rooms then become free.
What we generally pay for are the food, and the promotions and those kinds of activities.
Commissioner Regalado: OK.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Ms. Johnson: Thank you.
209 6/29/00
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-562
A RESOLUTION OF THE MIAMI CITY COMMISSION
SUPPORTING AND AUTHORIZING THE MIAMI DEVELOPMENT
SUMMIT, A CONFERENCE OF REAL ESTATE DEVELOPMENT
PROFESSIONALS AND END-USERS TO BE ORGANIZED TO
SHOWCASE DEVELOPMENT OPPORTUNITIES IN THE CITY OF
MIAMI ON JANUARY 20-24, 2001, AT THE JAMES L. KNIGHT
INTERNATIONAL CENTER; ALLOCATING FUNDS THEREFOR, IN
AN AMOUNT NOT TO EXCEED $60,000, FROM NON -
DEPARTMENTAL ACCOUNT NUMBER 001000.921002.6.270 TO BE
USED AS SEED MONIES FOR THE SUMMIT; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, ASSOCIATED WITH THE SUMMIT.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Johnny Winton
Vice Chairman Gort: Anything else, Commissioner Sanchez? I mean, the Agenda is all yours today.
Commissioner Sanchez: No, it's not mine. I mean, I have several items on my personal Commissioner
items, but I believe that you have three items, and I will at this time yield to you.
Vice Chairman Gort: Commissioner Teele?
Commissioner Teele: Mr. Chairman, I yield to you. You have to leave.
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Vice Chairman Gort: 'No, I called my people and told them the meeting, instead of the beach, is going to
have to be here in City Hall. So they will be coming here. No problem.
Commissioner Sanchez: Those are the great sacrifices we make as Commissioners.
Vice Chairman Gort: Yeah, tell me about it.
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48. REFER TO CODESIGNATION COMMITTEE PROPOSED CODESIGNATION OF
SOUTHEAST 5TH STREET AT BRICKELL AVENUE IN MEMORY OF THE LATE JUDGE MILTON
A. FRIEDMAN.
Vice Chairman Gort: I'll tell you, the items that I had is two items which it was requested to me. If you
all recall — I don't know how many of you remember Judge Milton A. Friedman. His son is also a Judge
right now. And they were asked — I received a letter from the family requesting that we name the street
after this gentleman who's done a lot of service for this community for a long time. And I'd like to have
this go back to the Street Naming Committee. They've selected Southeast 5th Street and Brickell Avenue
to be studied and to have a public hearing.
Commissioner Teele: Mr. Chairman, would you like for me to preside and you make the motion?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Moved by Commissioner Gort. Is there a second?
Commissioner Sanchez: Second.
Commissioner Teele: Seconded by Commissioner Sanchez. Is there objection? All those in favor, say
aye.
The Commission (Collectively): Aye.
Commissioner Teele: All those opposed?
The following motion was introduced by Vice Chairman Gort, who moved for its adoption:
MOTION NO. 00-563
A MOTION REFERRING TO THE MIAMI STREET
CODESIGNATION COMMITTEE PROPOSED CODESIGNATION OF
SOUTHEAST 5TH STREET AT BRICKELL AVENUE IN MEMORY
OF THE LATE JUDGE MILTON A. FRIEDMAN.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Johnny Winton
212 . 6/29/00
49. REFER TO CODES'IGNATION COMMITTEE PROPOSED CODESIGNATION OF
SOUTHWEST 12TH AVENUE ' AT CORAL WAY IN MEMORY OF THE LATE MRS. LOURDES
AGUILAR OF THE LEAGUE AGAINST CANCER (LICA CONTRA CANCER).
Commissioner Teele: Next item, Mr. Chairman.
Vice Chairman Gort: My second request was a very similar lady. You all know of the passing -- and we
approved it a year ago — Mrs. Lourdes Aguilar, the President of the League Against Cancer, who
established the League Against Cancer. They finally bought their own building, and the building is on
12th Avenue and Coral Way. I'd like to send this also to the Street Naming Committee. to be naming 12th
Avenue and Coral Way the Lourdes Aguilar —
Commissioner Teele: Moved by the Vice Chairman. Is there a second?
Commissioner Sanchez: Second.
Commissioner Teele: By Commissioner Sanchez. Is there objection? All those in favor?
The Commission (Collectively): Aye.
Commissioner Teele: Signified by saying "aye."
Commissioner Regalado: I just want to --
Vice Chairman Gort: Thank you.
Commissioner Regalado: Mr. Chairman, you are planning on Coral Way or 12th
Vice Chairman Gort: Well, this will have to go to the committee. I think 12th Avenue, because the
building is facing 12th Avenue.
Commissioner Regalado: Yeah. But that is the State or --?
Vice Chairman Gort: The Street Naming Committee will have to decide where it can be placed.
Commissioner Teele: They'll work it out.
Vice Chairman Gort: They'll have to work it out.
213 6/29/00
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The following motion was introduced by Vice Chairman Gort, who moved for its adoption:
MOTION NO. 00-564
A MOTION REFERRING TO THE MIAMI STREET
CODESIGNATION COMMITTEE PROPOSED CODESIGNATION OF
SOUTHWEST 12TH AVENUE AT CORAL WAY IN MEMORY OF
THE LATE MRS. LOURDES AGUILAR OF THE LEAGUE AGAINST
CANCER (LIGA CONTRA CANCER).
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort'
NAYS: None
ABSENT: Commissioner Johnny Winton
214 6/29/00
50. MANAGER TO ORDER STUDY RELATED TO.PROPOSED REDIRECTION
OF TRAFFIC ALONG S.W. 8TH STREET; FURTHER DIRECTING THE MANAGER
TO FUND SID STUDY FROM CAPITAL IMPROVEMENT PROJECTS FUND.
Commissioner Teele: Your item for the Miami League of Cities.
Vice Chairman Gort: No. That one, I'm going to pull it out.
Commissioner Teele: You took it out?
Vice Chairman Gort: Yes, sir
Commissioner Teele: Do you have any other items, Mr. Chairman?
Vice Chairman Gort: No, sir. That's it.
Commissioner Teele: I yield the chair back to you.
Commissioner Sanchez: Mr. Vice Chairman, I have three more items, one which I will
defer to the next Commission meeting, and that is a discussion and update concerning the
workmen's compensation case. I will ask that it be deferred to the next Commission
meeting and be placed under my Commission items. Also, the other discussion, which is
"F," a discussion and update on the 8th Street redirection. It is my understanding that the
previous funds that were relocated to the Allapattah Traffic Study for the Farmers
Market, which I have no objections to, but I've been advised that there are funds
available for that study, which is an economical impact to 8th Street by redirecting the
traffic. And I have made several arguments concerning the improvements it would bring,
and the economical impact. We have met with FDOT (Florida Department of
Transportation), which supports this. And the Administration, I believe about two or
three months ago, we directed the City Manager to locate the funds, and I believe you
have the funds available now through the Blue Ribbon.
Carlos Gimenez (City Manager): We've identified funds through CIP (Capital
Improvements Program).
Commissioner Sanchez: OK. So I would make a motion that the funds be used for the
traffic study, which is needed. Of course, after that, we plan on filing the forms for the
fast track in Tallahassee, which I think the State will pick up the tab for the redirection of
the street.
Commissioner Teele: Second the motion.
Vice Chairman Gort: Moved and seconded. Any discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
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The following motion was introduced by Commissioner Sanchez, who moved for its
adoption:
MOTION NO. 00-565
A MOTION DIRECTING THE CITY MANAGER TO ORDER A
STUDY RELATED TO PROPOSED REDIRECTION OF TRAFFIC
ALONG S.W. 8' STREET; FURTHER DIRECTING THE MANAGER
TO FUND SAID STUDY FROM THE CAPITAL IMPROVEMENT
PROJECTS FUND.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
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51. DISCUSSION, CONCERNING STATUS OF REDEVELOPMENT OF MIAMI MARINE
STADIUM PROPERTY.
Commissioner Sanchez: The other discussion is discussion concerning the status of redevelopment of
Miami Marine Stadium property. Once again, two years of being here, this City has dragged its feet on
putting out RFP's (Requests for Proposals) for redevelopment of this property. That property continues to
be an eyesore. I know that there was some language put on the redevelopment of Key Biscayne where
one committee was created, and then another committee was created and tied things up_ I would like to
present a resolution, which reads the following:
NOTE FOR THE RECORD: At this point, Commissioner Sanchez read the pending resolution into
the public record by title only.
Commissioner Sanchez: So move.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Teele: Mr. Chairman, I have another item.
Vice Chairman Gort: Is there a second? Is there a second?
Commissioner Teele: Come on.
Commissioner Sanchez: OK.
Vice Chairman Gort: It dies for the lack of a second.
217 6/29/00
52. OFFICIAL CLOSURE OF PUBLIC RIGHT-OF-WAY PORTION OF N.W. 4TH STREET
BETWEEN NORTH MIAMI AVENUE AND'N.W. IT AVENUE TO ALLOW CONSTRUCTION OF
A NEW FEDERAL COURTHOUSE: (Applicant(s): U.S. Government)
Vice Chairman Gort: Any other items? Any other items?
Commissioner Teele: All right. Mr. Chairman, could we get into the PZ items? Because these people —
Commissioner Regalado: I have three items, which I can wait. I don't mind waiting after the PZ items. If
there's people here, I'm sure that they have waited long enough. Mr. City Attorney, can we come back?
Joel Maxwell (Assistant City Attorney): Sure. Yes, sir. You can recess the regular —
Commissioner Regalado: Because I just — I really need to do these three items, and they're questions for
the City Manager.
Mr. Maxwell: You recess the regular Agenda and move into the PZ Agenda.
Lourdes Slazyk (Assistant Director, Planning'& Zoning): Can we — can I ask that we take PZ -4 out of
order? The applicant has to leave to go to the airport.
Vice Chairman Gort: You're here? Who are you?
Ms. Slazyk: Pardon?
Vice Chairman Gort: Who are you?
Ms. Slazyk: Oh. Lourdes Slazyk, Assistant Director, Planning and Zoning.
Vice Chairman Gort: Thank you.
Mr. Maxwell: Mr. Chairman.
Vice Chairman Gort: Yes.
Mr. Maxwell: Is there a motion to recess?
Commissioner Teele: So move.
Commissioner Sanchez: Second.
Vice Chairman Gort: There's a motion to recess. It's been moved and seconded. Discussion. Being
none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
218 6/29/00
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-566
A MOTION TO RECESS THE REGULAR PORTION OF TODAY'S
AGENDA IN ORDER TO CONVENE CONSIDERATION OF THE
PLANNING AND ZONING AGENDA.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION CLOSED
CONSIDERATION OF THE REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS
FROM THE PLANNING AND ZONING PORTION OF THE AGENDA.
Vice Chairman Gort: We open.the meeting now for the PZ items. PZ -4
John Jackson (Director, Public Works): John Jackson, Director of Public Works. PZ -4 is an official
vacation, closure of a public right-of-way, NW 4th Street from Miami Avenue — North Miami Avenue to
NW 1" Avenue. It's for the Federal Courthouse, the applicant. U.S. Government is the applicant. Excuse
me.
Vice Chairman Gort: Does staff recommend it?
Mr. Jackson: Yes.
Commissioner Teele: Move the item, Mr. Chairman.
Mr. Jackson: We both recommend it, yes, sir.
Vice Chairman Gort: Is there anyone here? There's a motion. Is there a second? There's a motion. Is
there a second?
Commissioner Winton: Second.
219 6/29/00
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Vice Chairman Gort: It's been moved and seconded. Is there anyone here to address Item Number 4?
Anyone here to address Item Number 4?
Commissioner Teele: Has this item been coordinated with the NET (Neighborhood Enhancement Team)
Office and the Police Department? Mr. Public Works?
Vice Chairman Gort: OK. All in favor —
Commissioner Winton: Wait, wait, wait. Comments, questions.
Vice Chairman Gort: OK. Wait a minute. One thing is on Zoning matters, we have to swear anybody —
anybody who is going to testify has to be sworn in.
Mr. Maxwell: On any item.
Vice Chairman Gort: On any items. Anyone that's going to testify in any Zoning item in front of us
needs to be sworn in.
Walter Foeman (City Clerk): Raise your hands, please.
NOTE FOR THE RECORD: AT THIS POINT, THE CITY CLERK ADMINISTERED OATH,
REQUIRED UNDER CITY CODE SECTION 624, TO THOSE PERSONS GIVING
TESTIMONY ON ZONING ISSUES.
Vice Chairman Gort: Thank you. Commissioner Winton.
Commissioner Winton: I have a question. And this is the first time I've seen the renderings, and it looks
good. You know, we welcome the Federal Government. You all have done an awful lot for our City, and
we appreciate it. I have a question, though, and that is that I don't know if you're aware or not, but in the
City of Miami, which is, by the way, the fourth poorest City in America, and that's by the 1990 Census,
30 percent of the taxable value of our property is tax-exempt. And that tax -exemption is created by
Federal Government, State Government, schools, hospitals, churches, all the not -for -profits. And it's a
huge burden on the City, because when you take a full 30 percent of the tax base and just throw it out the
window, from a revenue standpoint, it helps contribute to a relatively small tax base being responsible for
generating — and as you know real well, in the State of Florida, real estate taxes are the primary source of
revenue for government. So it really puts a burden on us. And my question is — and I know you've done
this in other areas, .and I just didn't get a chance to ask anyone, and my apologies for that — but that is
whether or not the Federal Government has worked out an agreement with the City to pay for services in
lieu of taxes for this facility or in this landsite. This happens to also be a landsite that has been owned by
the private sector, so it's been on our tax ro1Ls forever, paying real estate taxes that we desperately need in
our community, and now it's going off our tax ro1Ls. So I wanted to know if you had had any dialogue
about paying for — paying a fee in lieu of taxes for services rendered.
Commissioner Regalado: Excuse me. Johnny, I remember three years ago, that we were told that we
have a good neighbors agreement with the Federal Government, and they do pay some money. I
remember it was Dena Bianchino, the one that did that. But I don't know if that's still on or not.
220 6/29/00
Mike Roper: The short answer on this project is no. We have not yet —
Vice Chairman Gort: Excuse me, sir. I need your name and address for the record, please.
Mr. Roper: I'm sorry. I'm Mike Roper with General Services Administration, Atlanta. I don't believe
we have had meaningful discussion yet on this project. But we have had on the other — on the balance
nearby. And, in fact, there is — I think there is a draft agreement in place. We're continuing to talk about
that. I don't think that we have actually funded that program. If I may, one clarification on this site. You
say it was in private ownership. Only half of it. We purchased half of this property from the City. So it
was already off the tax roll.
Commissioner Winton: Right, but the other half wasn't. Well, so then are you making a commitment that
you all are going to work towards trying to negotiate an agreement for our City that provides for some
payment in lieu of taxes to pay for necessary services that we have to provide here in our community?
Mr. Roper: No, sir, I can't really make that commitment, because that program at the present time is not
funded, and I can't commit that we would actually pay money, because it's not been appropriated by the
Congress.
Commissioner Winton: Now how did — I'm sorry.
Vice Chairman Gort: We have some staff that have been working on it. Do you want to talk?
Arleen Weintraub (Assistant Director, Real Estate & Economic Development): Arleen Weintraub,
Assistant Director, Department of Real Estate and Economic Development. Both Commissioners are
exactly correct. And probably about three years ago, we did enter into discussions with the Federal
Government for what's called the Good Neighbor Program. We entered into a memorandum of
understanding, and we were hoping that would lead to then an agreement. As Mr. Roper just stated, it has
never gotten to the end of that process, because Congress has never funded the Good Neighbor Program.
So the intent is there, but there is no money to back it up. Therefore, there is no final agreement in place.
Vice Chairman Gort: So this is an item that we have to bring our lobbyists up to make sure that the
lobbyists in Washington are contacted by personnel, so the appropriation can take place.
Ms. Weintraub: Yes. I do know that USGSA (United States General Services Administration) in Atlanta,
they very much want to finalize an agreement, but it really doesn't mean much, quite frankly. And they
realize that, too, unless they have funding from Congress to back it up.
Commissioner Winton: Aren't there programs around the country where the Federal Government is
paying a fee in lieu of taxes? Like Boston, I think, has a program. And aren't there other cities?
Mr. Maxwell: That's right. Boston has a program. That's a State program that their legislature has
established, the legislature established, and the Federal Government does pay payments in lieu of taxes.
In fact, the City of Miami receives PILOT (Payment in Lieu of Taxes) fees for the housing through Dade
County. So we do get payment in lieu of taxes from the Federal Government for other things already —
221 6/29/00
Commissioner Winton: For housing.
Mr. Maxwell: We get it for housing, that's right, public housing.
Commissioner Winton: Oh. But for other kind of properties, there is no program that's funded.
Mr. Maxwell: That's right. It's purely voluntary. I'm not aware of us receiving funds any place else. It
may be.
Mr. Roper: I'm not aware of a single place where we're paying a fee in lieu of taxes.
Commissioner Winton: OK. Thank you.
Vice Chairman Gort: We need to continue on that and we have to make —
Commissioner Teele: Outside of Washington, D.C. Outside of Washington, D.C.
Mr. Roper: Outside of Washington, D.C.
Vice Chairman Gort: Yeah. We should become a district pretty soon. But we should follow that and
make sure that our lobbyists are well aware of it so we can go ahead and push it. Thank you, sir.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Mariano Cruz: Mariano —
Commissioner Teele: Again, Commissioner Winton is very focused today. And it was my understanding
that we had the Good Neighbor Program agreed to. I remember the previous Manager discussing that in
some detail. So I'm a little bit surprised. We discussed this in several contexts. I would like to know
from — is Ms. Henry still here? Is GSA (General Services Administration) collecting the surcharge, and
are they turning over the surcharge? Are they — are they a part of the — I mean, I'm sure they pay — you all
pay Florida Power and Light, right?
Mr. Roper: Yes. We pay —
Commissioner Teele: Southern Bell?
Mr. Roper: We pay for our utilities.
Commissioner Teele: So you do pay your fees, so that's — I'm just wondering if they're claiming an
exemption or something on that, because surcharges and fees like that generally are paid by the Federal
and State Governments. I know that the County is claiming — but I think it's very, very important, and I'd
just like to echo what Commissioner Winton is saying. This area is — it's on 5t Street? Is that --? And
222 6/29/00
® 9
it's a part of the — if I'm correct, this is that little triangle that feeds off of the redevelopment district. This
is actually, at least a part of this was in the redevelopment — or it may not be this building, but it's
certainly one of the next buildings that they're planning on. So it has a double impact. I mean, it
negatively affects the tax rolls, and it negatively affects the redevelopment rolls. So it's really important
that we try to get something. But I appreciate — as they say in :Washington, that's above my pay grade that
he wants to buck that one back up to the hill. But I want to support it.
Vice Chairman Gort: Mr. Cruz.
Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. I learned about this yesterday while I walked
Miami Avenue and 01 Street, as I was going to the picketing across at the Federal Courthouse, NE 2nd
Avenue and 4t" Street. I saw the sign there. I came here. And you know, I was, over ten years ago, I was
part of the scooping hearings, Department of Justice, Bureau of Prisons at the Federal Building there when
they moved, they built — they were going to build the new Federal Prison. It was going to be on the south
side of the street. But then the people at the college, they put a lobby, and it was built on the (inaudible).
And you remember how many buildings were there that weren't on the tax roll? Trailway Bus Station,
Ford Hotel, the (inaudible) Hotel, all those little hotels that were there that weren't paying taxes. And they
were taking the homeless people out of the street. People could live there for two dollars ($2) a day. That
was — the City changed zoning, and they got that big problem that we got now. And I am going — I'm not
going to say about whatever you said about paying utilities, because that's true. They pay utilities, the
water to the County. They can pay something for the municipal services they receive. Because let me
add, the only thing I'm going to say, Miami is becoming a place that people come to work, make a lot of
money, and they go to Pinecrest, to other places there. And that's what's becoming of Miami. Rich, rich,
that got the money to live in Grove Isle, and poor, poor, .that they got to live in public housing in
Allapattah. I stay in my area. Well, this area I'm going to leave, too, to Polk County in the middle of
Florida. Thank you.
Commissioner Sanchez: You're going to move?
Vice Chairman Gort: Thank you, sir. You going to move?
Commissioner Winton: When?
Commissioner Sanchez: Mariano, you're going to go to Polk County?
Vice Chairman Gort: OK. Any further discussion? I think the gentleman has expressed his sentiments,
and I hope in working with our staff and we can help you get the appropriation.
Commissioner Teele: Did he, come down last night or today?
Mr. Roper: This morning on a 7 a.m. flight from Atlanta.
Commissioner Teele: You have to come — if you're going to do this, you have got to come the night
before, at least stay in one of our hotels and pay our bed tax.
Mr. Roper: I do that often.
223 6/29/00
Commissioner Winton: Good.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you, sir.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-567
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 4TH
STREET BETWEEN NORTH MIAMI AVENUE AND NORTHWEST
1 IT AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED HERETO AND MADE A
PART HEREOF.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
224 6/29/00
•
53. APPROVE RELEASE OF ZONING COVENANT FOR PROPERTY LOCATED AT 900 N.W.
22ND STREET, TO ALLOW RELEASE OF PARKING EASEMENT ON THE PROPERTY
(Applicant(sy: Juan M. Almeida, Jr.)
Vice Chairman Gort: PZ -1.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -1 is a request for a release of a covenant
for 924 Northwest 22'd Street, 900 Northwest 22nd Street. The department is recommending approval of
the release.
Vice Chairman Gort: What's the covenant?
Ms. Slazyk: It was for parking on one property to serve another property. Now a building has been built,
and the parking was provided. So.
Vice Chairman Gort: OK. Who makes the motion?
Commissioner Winton: Move it.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Anyone from the public
would like to address PZ -1? OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you, sir, for your presentation.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-568
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING THE RELEASE OF A COVENANT
RUNNING WITH THE LAND, DATED JULY 9, 1985, RECORDED IN
OFFICIAL RECORDS BOOK 12818, PAGE 1223 OF MIAMI-DADE
COUNTY, FLORIDA, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 900 NORTHWEST 22ND STREET, MIAMI,
FLORIDA, AS THE PURPOSE FOR THE COVENANT NO LONGER
EXISTS AND THE PROPERTY OWNER INTENDS TO DEVELOP
BOTH PROPERTIES AS A COMMERCIAL USE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
225 6/29/00
Upon being seconded by Teele, the resolution was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
226 6/29/00
54. APPROVE RELEASE OF ZONING COVENANT FOR PROPERTY LOCATED AT 1818-1834
N.W. 36TH STREET. (Applicant(s): Autozone, Inc.)
Vice Chairman Gort: Item 2. PZ -2.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -2 is also a request for a release of
covenant. The building for which this covenant was recorded for the parking was demolished and it's no
longer necessary.
Commissioner Winton: Move it.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded. Discussion. Anyone from the public who would
like to address this item? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
Sam Fichbein: Mr. Chairman, my name is Sam Fichbein. The Item that was PZ -2 —
Vice Chairman Gort: Your address, sir.
Mr. Fichbein: -- has a direct impact on an item that was tabled this morning.
Vice Chairman Gort: Your address, sir.
Mr. Fichbein: Pardon?
Vice Chairman Gort: Your address.
Mr. Fichbein: Oh. 7480 Fairway Drive, Miami Lakes.
Vice Chairman Gort: Thank you, sir. The plot, the plot. Well, be have to bring it back. We'll take it up
when we go back to the regular Agenda. Now we have to stick with PZ.
Mr. Fichbein: Yes, sir.
Vice Chairman Gort: We'll take it up. Thank you.
227 6/29/00
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-569
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING THE RELEASE OF A COVENANT
RUNNING WITH THE LAND, DATED SEPTEMBER 11, 1981, AND
RECORDED IN OFFICIAL RECORDS BOOK 11217, AT PAGE 2036
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
FOR THE PROPERTY LOCATED AT 1818-1834 NORTHWEST 36TH
STREET, MIAMI, FLORIDA, AS THE PURPOSE FOR THE
COVENANT NO LONGER EXISTS AND THE PROPERTY OWNER
INTENDS TO DEVELOP BOTH PROPERTIES AS A COMMERCIAL
USE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the' following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
228 6/29/00
0 0
55. APPROVE RECOMMENDATION FROM PLANNING AND ZONING DEPARTMENT TO
DENY APPEAL AND DENY VARIANCE TO ALLOW PROPOSED SIDE YARD SETBACK
REDUCTION FOR DOCKS LOCATED AT 3501 ANCHORAGE WAY. (See #57)
Vice Chairman Gort: PZ -3.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -3 is an appeal of a variance that was
denied by the Zoning Board. The Planning Department also recommends denial. The property is 3501
Anchorage Way. The request for the variance was to allow a side yard setback of two feet where ten feet
is required for docks.
Commissioner Winton: Move to support staff recommendation.
Commissioner Sanchez: Second.
Vice Chairman Gort: There's a motion and a second. OK. Anyone who would like to address PZ -3?
Anyone who would like to address PZ -3? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Winton, who moved for its .adoption:
MOTION NO. 00-570
A MOTION APPROVING RECOMMENDATION FROM THE
PLANNING AND ZONING DEPARTMENT TO DENY APPEAL AND
DENY VARIANCE WHICH WOULD ALLOW PROPOSED SIDE YARD
SETBACK REDUCTION FOR DOCKS LOCATED AT
APPROXIMATELY 3501 ANCHORAGE WAY.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
229 6/29/00
56. CONTINUE CONSIDERATION OF PROPOSED OFFICIAL CLOSURE OF PUBLIC RIGHT-
OF-WAY PORTION OF LANE LOCATED BETWEEN N.W. 17TH AVENUE AND N.W. 15TH
AVENUE FROM N.W. 7TH STREET RUNNING NORTH TOWARDS N.W. 8TH STREET.
Vice Chairman Gort: PZ -4 we just addressed. PZ -5. PZ -5.
John Jackson (Director, Public Works): PZ -5 is an official vacation closure, public right-of-way. It's at
Northwest 17th Avenue and 7th Street. It's met all the requirements, technical requirements of the
subdivision regulations.
Vice Chairman Gort: Do you recommend it?
Mr. Jackson: Yes, I recommend.
Vice Chairman Gort: It's being passed by everyone?
Commissioner Winton: Move it.
Vice Chairman Gort: Zoning Board recommends to approve. It's been moved. Is there a second? Any
further discussion? Anybody wants to address this item? PZ -5. Are you the applicant?
Bob de la Fuente: Bob de la Fuente, law office at (inaudible) 201 South Biscayne Boulevard, on behalf of
the applicant.
Vice Chairman Gort: Ma'am, are you in favor or in opposition?
Theodora Long: I'm in opposition.
Vice Chairman Gort: OK. State your name and address. We'll give you a few minutes for rebuttal
afterwards.
Ms. Long: OK. My name is Theodora Long. My address is 901 Northwest 14th Court. I'm president of
the Grove Park Homeowners Association, which is located on the Miami River from 14th Avenue to 17th
Avenue, from Northwest Seventh Street to the Miami River. Grove Park, as everyone knows or should
know is a historical neighborhood, and we're a jewel in East Little Havana. This walkway that they want
to close is one of the historical aspects of our neighborhood. It was designed into our neighborhood back
in 1922, '23, and this is one of the charming features of our neighborhood. The reason this muse or
walkway, as you would call it — right now, it's being studied by the University of Miami. Our
neighborhood is being studied by an architectural class at the University of Miami under Frank Martinez.
And they thought that this little walkway was quite a historical aspect, so I was quite disconcerted when I
read the notice on the street post saying that you wanted to close it. So anyway, all of our neighbors use
this walkway to go to the banks, and to go to the grocery stores and the neighborhood shops. So anyway,
I think it's a shame that you want to close a historical aspect of our neighborhood.
Commissioner Sanchez: Mr. Vice Chair, if I may. That's part of my district. You're absolutely right,
that is the jewel of Little Havana. I was — as a matter of fact, living here 28 years, I was taken there by Dr.
230 6/29/00
Paul George, who gave me a tour of the place. I know exactly where that little walkway is, and I realize
that a lot of the people that live there either cross it, and a lot of the people that go to the Orange Bowl --
Ms. Long: Right. Well, it goes right through our park.
Commissioner Sanchez: -- go straight, right into that park. So I — that is in my district, and I will not
support closing of that.
Commissioner Winton: I will — Didn't I make the motion? If I did, I'll withdraw it.
Vice Chairman Gort: We'll hear from the applicant.
Mr. de la Fuente: Good evening. Bob de la Fuente, on behalf of the applicant. If I may, Commissioner
Sanchez, I would point out that this is currently a piece of property that was purchased by my client. He
bought the lots, if you can see all the way from the dais over here. And he's — what we're doing is we
have applied to replat these two lots. It's two different tracts. What we want to do is to close the
walkway, which is — let me just point it out over here.
Commissioner Sanchez: I know that walkway. I know exactly — you bought both properties. You want
to close it so you could cross from one path to the other.
Mr. de la Fuente: Right. But what we would do is not — we're not putting up any barriers to close this
walkway. It's just a way to replat the property.
Commissioner Sanchez: Will it always be open to the people?
Mr. de la Fuente: I'll show you on the next plat, on the next board what it will look like.
Vice Chairman Gort: Take it with you and put it up there.
Mr. de la Fuente: OK. If you can see here, what we're proposing to put on this property is a Walgreen's.
And you can see that the proposed walkway is going to be right here: This is the alley that we're talking
about. It's between Lots 9 and 10 that you can see on this, on the lots that are to the north of this property.
So you can see there's nothing that's going to be closed off. This will be open. There's going to be no
buildings blocking it off.
Commissioner Sanchez: So it would always be — somebody could walk out of Walgreen's and walk
across right into the neighborhood.
Commissioner Winton: And get run over by the car in the parking lot.
Mr. de la Fuente: Right. Right now, there's a gas station over here.
Commissioner Sanchez: I know —
Mr. de la Fuente: Right, OK.
231 6/29/00
• 0
Commissioner Sanchez: I'm very familiar with the site. I know exactly — I know the area very well, very,
very well. The little walkway that we're talking about, that you walk through and then you walk into the
neighborhood.
Mr. de la Fuente: Right. It's a walkway that connects into an alley that's over here, that's actually —
Ms. Long: No, no, no. It doesn't go into the alley.
Commissioner Sanchez: No, no, no. It does not go in the alley. I'm telling you, I know the area.
Commissioner Teele: Mr. Chairman, Mr. Chairman.
Vice Chairman Gort: Yes:
Commissioner Teele: I move this item be deferred. I mean, clearly, if the Commissioner that represents
the area has some concerns, then this Commission should give some deference to that. And I think the
staff should take that under advisement. And maybe they want to stay with their recommendation, maybe
they don't. But --
Commissioner Sanchez: By the way, did somebody go out there and look at that? Did somebody from
the City go out there and look at that, look at what he wants to propose?
Mr. Jackson: Yes. Yes, we looked at it. It just — it was not — it did not affect any pedestrian traffic.
There might be some historical value to it, but it doesn't affect any traffic.
Commissioner Sanchez: Well, I'll tell you what, we'll defer it.
Ms. Long: There will be no fence? Is that what they are telling us?
Mr. de la Fuente: I'll be glad — if you defer this, I'll be glad to sit down with her and go over her
concerns. And we can come back with some photos.
Commissioner Sanchez: I'll defer. Second. Mr. Teele moved to defer. I'll second it.
Commissioner Winton: And I withdraw my original motion.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Joel Maxwell (Assistant City Attorney): Could we defer it to the meeting of the 20th, July 20th?
Vice Chairman Gort: To the 20th of July, yes.
Commissioner Teele: Let's defer it to the 20th of July.
232 6/29/00
Mr. de la Fuente: Thank you.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-571
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ -5 (PROPOSED VACATION AND CLOSURE OF PORTION OF
LANE BETWEEN N.W. 17TH AVENUE AND N.W. 15TH AVENUE
FROM N.W. 7" STREET RUNNING NORTH TOWARD N.W. 8TH
STREET APPROXIMATELY' 120 FEET) TO THE COMMISSION
MEETING CURRENTLY SCHEDULED FOR JULY 20, 2000.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS:. None
ABSENT: None
233 6/29/00
57. DENY APPEAL OF ZONING BOARD DECISION WHICH DENIED A VARIANCE FROM
ORDINANCE 11000, ARTICLE 9, SECTION, 924.1.3, LIMITATIONS `ON LOCATION AND
EXTENSION OF DOCKS AND PIERS IN RESIDENTIAL DISTRICTS, TO ALLOW A SIDE YARD
SETBACK OF 2'0"Q
(10'0" REQUIRED) FOR DOCKS FOR PROPERTY. LOCATED AT 3501
ANCHORAGE "WAY (Applicanf(s): Eduardo R. Lacasa) (See #55).
Vice Chairman Gort: We have to go back to Item 3, PZ -3. The motion that was made, it was support of
staff. What we need to do is a motion denying the appeal. So Commissioner Winton, could you make the
motion to deny the appeal?
Commissioner Winton: I move to deny the appeal.
Commissioner Sanchez: And I will second it as previous.
Vice Chairman Gort: Seconded. All in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
Joel Maxwell (Assistant City Attorney): Mr. Chairman, I believe the record should reflect that there was
no one here to speak on that item, including the applicant.
Vice Chairman Gort: No one was here to speak on that item.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-572
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), DENYING THE APPEAL, AFFIRMING THE
DECISION OF THE ZONING BOARD, THEREBY DENYING A
VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9,
SECTION 924.1.3, LIMITATIONS ON LOCATION AND EXTENSION
OF DOCKS AND PIERS IN RESIDENTIAL DISTRICTS TO ALLOW
A SIDE YARD SETBACK OF 2'0" (10'0" REQUIRED) FOR DOCKS,
FOR THE PROPERTY LOCATED AT APPROXIMATELY 3501
ANCHORAGE WAY, MIAMI, FLORIDA.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
234 6/29/00
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
235 6/29/00
58. OFFICIAL CLOSURE OF PORTION OF 10' UTILITY EASEMENT LOCATED ON THE
NORTHEAST CORNER OF THE INTERSECTION OF CORAL WAY AND CORAL GATE DRIVE
(Applicant(s): Walgreens Co.)
Vice Chairman Gort: PZ -6 is a companion item, so we'll defer that, too.
Commissioner Regalado: No. No. PZ -6, Mr. Chairman, is in my district.
Unidentified Speaker: It's a different location.
Vice Chairman Gort: Oh, wait, I'm sorry. It's different. It's just that I saw the Walgreen's. How many
Walgreen's have we got?
Commissioner Regalado: It is. It is about the Walgreen's, but they need this to start construction.
Vice Chairman Gort: PZ -6.
John Jackson (Director, Public Works): It's another official vacation and closure of the public right-of-
way.
Vice Chairman Gort: OK. Does staff recommend?
Mr. Jackson: Yes, we recommend.
Vice Chairman Gort: Zoning Board recommends. Commissioner, this is your district.
Commissioner Regalado: Yes. I'll move the item to approve.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
Commissioner Teele: What item is this?
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
Commissioner Teele: What was that?
(INAUDIBLE COMMENT NOT INCLUDED IN THE RECORD)
236 6/29/00
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 00-573
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), CLOSING, VACATING, ABANDONING AND
DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC
UTILITY EASEMENT, BEING THE PORTION OF A TEN -FOOT
UTILITY EASEMENT LOCATED ON THE NORTHEAST CORNER
OF THE INTERSECTION OF CORAL WAY AND CORAL GATE
DRIVE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED HERETO AND MADE A PART HEREOF.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
Vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
237 6/29/00
59. FIRST READING ORDINANCE: AMEND ORDINANCE 10544, THE COMPREHENSIVE
NEIGHBORHOOD PLAN, BY CHANGING LAND USE DESIGNATION FOR PROPERTIES
LOCATED AT 229 AND 231 N.W. 12TH STREET FROM MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL TO RESTRICTED COMMERCIAL (Applicant(s)': Robert Tyler, CRA; City of Miami
Planning and Zoning Department, and Eliza Spann and Sussie Simmons (owners.)
Vice Chairman Gort: PZ -7. Amendment to future land use map of the Miami Comprehensive
Neighborhood Plan, 229 and 231 Northwest 12th Street from medium density multifamily to restricted
commercial.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Any discussion? Anyone here to address PZ -7?
Anyone here to address PZ -7? Being none, all in favor, state it by saying "aye."
Joel Maxwell (Assistant City Attorney): This is an ordinance, sir. This is an ordinance.
Vice Chairman Gort: Oh, an ordinance. Sorry. Read the ordinance.
NOTE FOR THE RECORD: The Assistant City Attorney read the pending ordinance into the
public record by title only.
Commissioner Teele: So move. Oh, it's been moved and seconded.
Walter Foeman (City Clerk): Yes.
Commissioner Teele: 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 PROPERTIES LOCATED AT
APPROXIMATELY 229 AND 231 NORTHWEST 12TH STREET,
MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
238 6/29/00
was introduced by Commissioner Teele, seconded by Commissioner Winton, and was passed on first
reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
239 6/29/00
0
60. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 BY AMENDING ZONING
DESIGNATION FOR PROPERTIES: LOCATED AT 229 AND '231 N.W. 12TH STREET FROM R-3
MULTIFAMILY MEDIUM DENSITY 'RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL
(Applicant(s): Robert Tyler, CRA; City of Miami Planning and Zoning Department, and Eliza Spann and
Sussie Simmons (owners).
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -8 is a companion Zoning change.
Commissioner Teele: So move, Mr. chairman.
Commissioner Winton: Second.
Vice Chairman Gort: Anyone to address PZ -8? Anyone? Being none, all in favor, state it by saying
aye.
Joel Maxwell (Assistant City Attorney): This is an ordinance, as well.
Vice Chairman Gort: An ordinance. Sorry. Keep reading.
Commissioner Teele: Would you read the ordinance, Mr. Clerk?
Vice Chairman Gort: Go ahead, read it.
NOTE FOR THE RECORD: The Assistant City Attorney read the pending ordinance into the
public record by title only.
An Ordinance entitled —
AN ORDINANCE AMENDING PAGE NO. 23 OF THE ZONING
ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FROM R-3 "MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL" TO C-1 "RESTRICTED COMMERCIAL"
FOR THE PROPERTIES LOCATED AT APPROXIMATELY 229 AND
231 NORTHWEST 12TH STREET, MIAMI, FLORIDA; MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
240 6/29/00
was introduced by Commissioner Teele, seconded by Commissioner Winton, and was passed on. first
reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
0
241 6/29/00
61. FIRST READING ORDINANCE: AMEND ORDINANCE 10544, THE COMPREHENSIVE
NEIGHBORHOOD PLAN, BY AMENDING FUTURE LAND USE MAP BY CHANGING LAND USE
DESIGNATION FOR PROPERTIES LOCATED AT 325-351 N.W. 10TH STREET FROM HIGH
DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant(s):
Robert Tyler, CRA and the City of Miami Planning and Zoning Department)
Vice Chairman Gort: Item 10.
Commissioner Teele: So move, Mr. Chairman.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -9 and 10 are companions.
Commissioner Winton: Second.
Joel Maxwell (Assistant City Attorney): Ordinance.
Commissioner Sanchez: All three recommended for approval?
Ms. Slazyk: All — and 11 and 12, as well.
Vice Chairman Gort: It's a resolution. All in favor - Is there anyone here to address —
Commissioner Teele: First reading. It has to be an ordinance.
Vice Chairman Gort: First reading. It's an ordinance, yes.
Commissioner Teele: Moved by Teele, seconded by —
Commissioner Sanchez: Second.
NOTE FOR THE RECORD: The Assistant City Attorney read the pending ordinance into the
public record by title only.
Vice Chairman Gort: Roll call.
242 6/29/00
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY 325 THROUGH 351 NORTHWEST 10TH STREET,
MIAMI, FLORIDA, FROM "HIGH DENSITY MULTIFAMILY
RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on first
reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
243 6/29/00
• 0
62. FIRST READING ORDINANCE: AMENDING ORDINANCE 11000 BY AMENDING
ZONING DESIGNATION FOR PROPERTIES LOCATED AT 325-351 N.W. LOTH STREET FROM R-4
MULTIFAMILY HIGH DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL
(Applicant(s): Robert Tyler, CRA and the City of Miami Planning and Zoning Department.
Vice Chairman Gort: PZ -11.
Joel Maxwell (Assistant City Attorney): No, 10.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -I l is a —
Mr. Maxwell: Whoa, whoa, what happened to 10?
Ms. Slazyk: -- land use change, CRA (Community Redevelopment Agency).
Commissioner Teele: So move, Mr. Chairman. These are all of the parking lots.
Commissioner Winton: Second.
Vice Chairman Gort: Right.
Mr. Maxwell: Whoa. I read something else.
Vice Chairman Gort: It's been moved. Second? It's an ordinance.
Mr. Maxwell: This is I1 or 10?
Vice Chairman Gort: Eleven.
Commissioner Regalado: We didn't do 10. We didn't do 10.
Commissioner Teele: It should be 10.
Walter Foeman (City Clerk): It should be PZ -10.
Commissioner Teele: It should be 10.
Ms. Slazyk: Actually, 10 was the companion to 9. I don't think we voted yet.
Mr. Maxwell: You sure didn't.
Vice Chairman Gort: Yes, we did.
Commissioner Regalado: No, we didn't. No, we didn't.
Commissioner Teele: I move item 10.
244 6/29/00
Commissioner Winton: I'll second.
Vice Chairman Gort: Did you call the roll on there?
Commissioner Winton: What did we just vote on?
Mr. Foeman: PZ -9.
Commissioner Winton: Nine?
Mr. Foeman: Yeah. We haven't taken up PZ -10 yet.
Ms. Slazyk: Yeah. No, they didn't do 10.
Commissioner Winton: Wow.
Commissioner Teele: This is 10.
Vice Chairman Gort: OK. So this is 10. Is that an ordinance?
Mr. Maxwell: Yes, it's an ordinance, sir.
Vice Chairman Gort: Didn't you read it?
Mr. Maxwell: No. We hadn't — it's been moved and seconded now? Ten.
Commissioner Teele: I moved it.
Vice Chairman Gort: It's been moved and seconded a long time ago.
Mr. Maxwell: OK, I'm sorry.
NOTE FOR THE RECORD: The Assistant City Attorney read the pending ordinance into the
public record by title only.
Mr. Foeman: Roll call.
245 6/29/00
An Ordinance entitled —
AN ORDINANCE AMENDING PAGE NO. 23 OF THE ZONING
ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FROM R-4 "MULTIFAMILY HIGH-
DENSITY RESIDENTIAL" TO C-1 "RESTRICTED COMMERCIAL"
FOR THE PROPERTIES LOCATED AT APPROXIMATELY 325
THROUGH 351 NORTHWEST 10TH STREET, MIAMI, FLORIDA;
MAKING FINDINGS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Teele, seconded by Commissioner Winton, and was passed on first
reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: . None
COMMENTS MADE DURING ROLL CALL:
Commissioner Winton: You know, it's hard to concentrate on him reading that with that shiny head up
there now.
Commissioner Sanchez: The glare is reflecting this way. Why don't you get the cameras to shine on his
head. Get the camera to shine on —
Mr. Maxwell: I wondered how long it would come — how long it would take.
246 6/29/00
\J
0
63. FIRST READING ORDINANCE: AMEND ORDINANCE 10544, THE COMPREHENSIVE
NEIGHBORHOOD PLAN, BY CHANGING LAND USE DESIGNATION FOR PROPERTY
LOCATED AT 250 N.W. l OTH STREET FROM HIGH DENSITY MULTIFAMILY RESIDENTIAL TO
RESTRICTED COMMERCIAL. (Applicant(s): Robert Tyler, CRA and the City of Miami Planning and
Zoning Department)
Vice Chairman Gort: Item 11, PZ -11.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved.
Commissioner Winton: Second.
Vice Chairman Gort: Second. Any — read the ordinance.
NOTE FOR THE RECORD: The Assistant City Attorney read the pending ordinance into the
public record by title only.
Vice Chairman Gort: 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 PROPERTIES LOCATED AT
APPROXIMATELY 250 NORTHWEST 10TH STREET, MIAMI,
FLORIDA, FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL"
TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Teele, seconded by Commissioner Winton,and was passed on first
reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
247 6/29/00
0
64. FIRST READING ORDINANCE` AMEND ORDINANCE 11000 BY AMENDING ZONING
DESIGNATION FOR PROPERTY LOCATED AT 250 N.W. 10TH STREET FROM R-4
MULTIFAMILY HIGH .DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL.
(Applicant(s): Robert Tyler, CRA and the City of Miami Planning and Zoning; Department.)
Commissioner Teele: Final one. I would move PZ -12.
Commissioner Winton: Is it also parking?
Commissioner Teele: Yes.
Commissioner Winton: Second.
Vice Chairman Gort: Read the ordinance.
NOTE FOR THE RECORD: The Assistant City Attorney read the pending ordinance into the
public record by title only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE AMENDING PAGE NO. 23 OF THE ZONING
ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FROM R-4 "MULTIFAMILY HIGH-
DENSITY RESIDENTIAL" TO C-1 "RESTRICTED COMMERCIAL"
FOR THE PROPERTIES LOCATED AT APPROXIMATELY 250
NORTHWEST .10TH STREET, MIAMI, FLORIDA; MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Teele, seconded by Commissioner Winton, and was passed on first
reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
248 ON 6/29/00
65. FIRST READING ORDINANCE: AMEND ARTICLE 6, SECTION 620 OF ORDINANCE
11000, SD -20 EDGEWATER OVERLAY DISTRICT, TO INCLUDE PROVISIONS FOR CLASS II
SPECIAL PERMITS. (Appl bant(s): City of Miami Planning and Zoning Department)
Vice Chairman Gort: PZ -13.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -13 is an amendment to the SD -20
Edgewater Overlay District to require Class II special permits and design review for Biscayne Boulevard
frontage. This is one of only two sections of the Boulevard left where design review is not in place. It
also puts limitations. on use of chain link fence and some stricter design guides and standards. We believe
it's critical to the — you know, the coming back, the — of Biscayne Boulevard, the gateway to the City.
Commissioner Winton: And it will help prevent the "Bird Roadization," for lack of a better word, of
Biscayne Boulevard.
Vice Chairman Gort: Commissioner Winton moves it. Commissioner Teele seconds it.
Commissioner Teele: Second.
Vice Chairman Gort: Read the ordinance.
NOTE FOR THE RECORD: The Assistant City Attorney read the pending ordinance into the
public record by title only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE AMENDING ORDINANCE 11000, AS- AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING ARTICLE 6 SD SPECIAL DISTRICTS GENERAL
PROVISIONS, SECTION 620 SD -20 EDGEWATER OVERLAY
DISTRICT, IN ORDER TO INCLUDE PROVISIONS FOR CLASS II
SPECIAL PERMIT REVIEW, CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
249 6/29/00
was introduced by Commissioner Winton, seconded by Commissioner Teele, and was passed on first
reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
250 6/29/00
•
66. FIRST READING ORDINANCE: AMEND ARTICLE 9, SECTION 918.2 OF ORDINANCE
11000 TO MODIFY PROVISIONS OF -TEMPORARY OFFSITE PARKING REGULATIONS TO
ALLOW ANNUAL RENEWALS WITHOUT. LIMITATION, ,WITH CONDITIONS (Applicant(s): City
of Miami Planning and Zoning Department). ,
Vice Chairman Gort: PZ -14. First reading.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -14 is an amendment to the Off -Street
Offsite Construction Parking Ordinance. The way it's written today, you can only get renewals up to two
years for construction. With all the major construction activity going on in downtown, the Performing
Arts Center alone wouldn't be able to do it in two years. This would allow them annual renewals for as
long as the construction is active.
Commissioner Winton: Move it.
Vice Chairman Gort: Commissioner Winton moves it. Is there a second?
Commissioner Teele: Second. Let me just understand this. When you get the renewal, who issues it?
Ms. Slazyk: It would be the Planning Director — wait. It's class — hold on. It's Class I?
Commissioner Teele: Is there notice?
Ms. Slazyk: It's a Class I. It's issued by the Zoning Administrator with the NET (Neighborhood
Enhancement Team) approval. NET Administrators.
Commissioner Teele: Is there notice on the renewals?
Ms. Slazyk: No, not on renewals.
NOTE FOR THE RECORD: The Assistant City Attorney read the pending ordinance into the
public record by title only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING ARTICLE 9 GENERAL AND SUPPLEMENTARY
REGULATIONS, SECTION 918 OFFSITE PARKING, TO MODIFY
THE PROVISIONS OF TEMPORARY OFFSITE PARKING
REGULATIONS TO ALLOW FOR ANNUAL RENEWALS WITHOUT
LIMITATION; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
251 6/29/00
was introduced by Commissioner Winton, seconded by Commissioner Teele, and was passed on first
reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
252 6/29/00
•
67. FIRST READING ORDINANCE: AMEND ARTICLE 4, SECTION 401, AND ARTICLE 6,
SECTION 616 OF ORDINANCE 11000 TO MODIFY -PARKING LIMITATIONS (Applicant(s): City of
Miami Planning and Zoning Department)
Vice Chairman Gort: PZ -15.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -15 is an amendment to the CBD (Central
Business District) and SD -16 Zoning District, which is Southeast Overtown/Park West, in order to require
Class 11 special permits instead of special exceptions for commercial parking facilities. This will facilitate
the provision of parking for the development that's occurring in these areas. We recommend approval.
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved.
Commissioner Regalado: Second.
Vice Chairman Gort: Seconded by Teele (sic). Read the ordinance.
NOTE FOR THE RECORD: The Assistant City Attorney read the pending ordinance into the
public record by title only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING ARTICLE 4, SECTION 401 SCHEDULE OF DISTRICT
REGULATIONS, AND ARTICLE 6 SD SPECIAL DISTRICTS
GENERAL PROVISIONS, SECTION 616, TO MODIFY PARKING
PROVISIONS FOR THE CBD CENTRAL BUSINESS DISTRICT
COMMERCIAL AND SD -16 ZONING DISTRICTS; CONTAINING A
REPEALER .PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
253 6/29/00
C
was introduced by Commissioner Winton, seconded by Commissioner Regalado, and was passed on first
reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
254 6/29/00
68. FIRST READING ORDINANCE: AMEND ARTICLE 6, SECTIONS 605 AND 607 OF
ORDINANCE 11000 TO MODIFY PROVISIONS OF SD -5 AND SD -7 DISTRICTS PERTAINING TO
PROVISION OF UPPER LEVEL SETBACKS (Applicant(s): City of Miami Planning and Zoning
Department.
Vice Chairman Gort: PZ -16.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -16 is an amendment to SD's 5 and 7,
which is the Brickell and Central Brickell Districts in order to remove the upper level setback
requirements. What we found in the development activity that was occurring in these areas is almost all of
the projects had to get upper level setback variances, because the way the Code is written, it really stifles
the creativity. It becomes more prescriptive, rather than allowing free design. We believe that this is no
longer necessary, and we recommend approval of the item.
Commissioner Winton: Move it.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded. Read the ordinance.
NOTE FOR THE RECORD: The Assistant City Attorney read the pending ordinance into the
public record by title only.
Vice Chairman Gort: OK. Roll call.
An Ordinance entitled —
AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING ARTICLE 6, SD SPECIAL DISTRICTS GENERAL
PROVISIONS, SECTIONS 605 AND 607, IN ORDER TO MODIFY
UPPER LEVEL SETBACK PROVISIONS FOR THE SD -5 AND SD -7
ZONING DISTRICTS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
255 6/29/00
9
was introduced by Commissioner Winton, seconded by Commissioner Teele, and was passed on first
reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
256 6/29/00
69. PLANNING DEPARTMENT TO STUDY POSSIBLE EXEMPTION OF ONE BEDROOM,
ONE STUDY RULE TO APPLY TO PROPERTIES WITH LESS THAN FOUR (4) UNITS WITH A
VIEW TOWARD STIMULATING URBAN INFIELD AREAS.
Vice Chairman Gort: Thank you.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: Ana, before you leave — Ana — Lourdes, as a request, apparently, when we flushed
out the phonies on this one bedroom, one study, as you know, a lot of buildings were being constructed
with one bedroom, one study for the purpose of having one parking lot.
Ms. Slazyk: Yes.
Commissioner Teele: One of the issues that has been raised -- and Dr. Alonso has raised it with me twice.
I'm sure she's raised it with every one of you. In any event, is that she says — she has expressed a concern
about urban infield, which I share her concern with. And the question that I have is, would you all look at
determining whether or not in certain infield areas, as it relates to some small number — less than six units,
more like four units — whether or not an exemption for those one bedroom, one study, which we all know
are two bedrooms could be made as a way of stimulating urban —
Commissioner Sanchez: Infield.
Commissioner Teele: -- infield. I mean, the point is this: When you're building these 20 units and all of
that, and you're talking about one bedroom, one study, I mean, I can give you three examples of where
cars are lined all up and down the street. Eleventh Street and I lth Avenue is one example, right in front of
the Dade County Water and Sewer. One bedroom, one study. And those are 40 and 50 units. I mean, that
just creates a massive neighborhood problem. If there are duplexes or something like that, you know,
quad-plexes, I think we have — and with your permission, Mr. Chairman, I would like to move that the
Planning Department be requested to study and report back to us within 60 days or to report legislation, if
you deem it appropriate, on a way of enhancing urban infield, but clearly, maybe even having a targeted
area or a limited area, so that this doesn't get out of control.
Commissioner Sanchez: Second.
Mayor Carollo: There's a motion and there's a second.
Commissioner Winton: And are you putting a ceiling on the number of units right now?
Commissioner Teele: Well, what I asked them to do is -- I'm not asking them to do anything but study it,
and to come back with legislation if they agree.
Commissioner Winton: OK.
257 6/29/00
•
Commissioner Teele: But I think, you know, once you get above four to six units this is —
Commissioner Winton: Right.
Ms. Slazyk: Then that's where the impact is.
Commissioner Winton: Trouble.
Commissioner Teele: Huh?
Unidentified Speaker: We will look into that.
Commissioner Teele: You know, duplexes ideally; triplexes, great, maybe; quad-plexes, I think you're at
the border, at the outer edge. And the intent was not to stop or to reduce urban infield development, which
we know we need to provide concessions. My question is, why can't we get some water and sewer relief
in the urban infield area? Which is,—
Commissioner
s—
Commissioner Winton: Really. She wants to talk about blocking urban infield, there's a real issue.
Commissioner Teele: Yeah, it really is. But I would move it, and it's been moved, Mr. Mayor, and
seconded, I —
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passed unanimously
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO., 00-574
A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT THE
PLANNING DEPARTMENT TO STUDY POSSIBLE EXEMPTION OF
THE ONE BEDROOM, ONE STUDY RULE TO APPLY TO
PROPERTIES WHICH HAVE LESS THAN FOUR (4) UNITS WITH A
VIEW TOWARD STIMULATING URBAN INFIELD AREAS AND
COME BACK TO THE CITY COMMISSION WITH A
RECOMMENDATION (AND POSSIBLE LEGISLATION) WITHIN 60
DAYS.
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Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION CLOSED
CONSIDERATION OF THE PLANNING AND ZONING PORTION OF THE AGENDA TO
CONSIDER ITEMS FROM THE REGULAR PORTION OF THE AGENDA.
Mayor Carollo: We're done with the PZ items.
Joel Maxwell (Assistant City Attorney): And, sir, you close the PZ meeting. You need to reopen the
regular Agenda.
Mayor Carollo: OK. Now we are back to the regular Agenda at this point in time. Is Commissioner Gort
still available, or is he gone? Do we know?
259 6/29/00
•
70. ACCEPT PLAT ENTITLED AUTOZONE TRACT. (See 426)
Carlos Gimenez (City Manager): Mr. Mayor.
Mayor Carollo: Yes.
rI
Carlos Gimenez: Could we go back to Item 20-A now? Since PZ -4 passed, we can deal with that issue.
Mayor Carollo: OK. Let's go right to that. That was the one that should have been put in the PZ items
but it wasn't. We're going back to Item 20-A of the regular Agenda. That was a companion to PZ — what
number again?
John Jackson (Director, Public Works): It was a companion to PZ -2, sir.
Mayor Carollo: PZ -2.
Mr. Jackson: This is accepting the final plat, Autozone Tract.
Mayor Carollo: OK.
Commissioner Winton: Item what?
Commissioner Sanchez: Twenty.
Mayor Carollo: Twenty -A. It's a resolution.
Joel Maxwell (City Attorney): It's a plat, accepting a plat.
Mayor Carollo: Yeah, accepting a plat. Is there a motion to that?
Commissioner Teele: So move, Mr. Chairman.
Mayor Carollo: Moved by Commissioner Teele. Seconded by Commissioner Sanchez. Do you need to
make a statement on this, sir?
Sam Fichbein: No, I'm here to represent the issue without raising any questions.
Mayor Carollo: OK. Thank you. Then there are no questions then here. All in favor, signify by saying
aye.
The Commission (Collectively): Aye.
Mayor Carollo: It passes. Thank you, sir.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
260 6/29/00
RESOLUTION NO. 00-575
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, ACCEPTING THE PLAT ENTITLED AUTOZONE
TRACT, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO
ALL OF THE CONDITIONS OF THE PLAT AND STREET
COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON
SAID PLAT; AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
(Here follows body of the 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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
261 6/29/00
71. (A) ESTABLISH A SERIES OF PROGRAMS ENTITLED "MIAMI'SNEIGHBORHOODS,"
TO BE AIRED ON NET -9 CABLE TELEVISION WITH INFORMATION ON VARIOUS
NEIGHBORHOODS THROUGHOUT THE CITY.
(B MANAGER TO DIRECT PLANNING DEPARTMENT, NET OFFICES AND OTHER
APPROPRIATE DEPARTMENTS TO DEVELOP DOCUMENT THAT REFLECTS VARIOUS
NEIGHBORHOODS OF THE CITY, BOUNDARIES AND HISTORICAL DATA OF EACH.
Commissioner Sanchez: Anything else?
Mayor Carollo: Anything else before we go to the Commissioners' items?
Commissioner Teele: Oh, we're through with that.
Commissioner Sanchez: We're through with that.
Commissioner Regalado: No, we're not.
Commissioner Sanchez: Move to adjourn. Oh, we're not?
Commissioner Regalado: No, we are not.
Commissioner Teele: Commissioner Regalado was generous to allow us to move into the Zoning and
gave up his items.
Mayor Carollo: Let's go to the items that Commissioner Regalado has.
Commissioner Regalado: Thank you, Mr. Chairman. Mr. City Attorney, how do we instruct the
Administration to comply with a certain directive in certain time? By way of resolution, right?
Alejandro Vilarello (City Attorney): Yes. The City Commission can give directions to the City Manager,
and should do so by resolution or motion.
Commissioner Regalado: OK. I'd like to present a resolution establishing a series of programs called
Miami's Neighborhoods in Net -9. And I will tell you briefly what this is. Miami has many historical
neighborhoods. Recently, Coral Gate celebrated its 50`h anniversary. They filmed with a good quality, I
might say, most of the activities. They do have an historian, and they are willing to produce more
information. I've seen the video of that anniversary. It's a quality video. And I believe that we have in
the City of Miami many, many neighborhoods. That lady that was just here, Grove Park, a small
community, but interesting, Bellemeade, Shenandoah, the Roads, Edgewater, Wynwood, Overtown,
Flagami. We have so many, associations, residential associations that are willing to participate. I have
already talked to several of them, and they are willing to participate. The only thing that we need — we do
not need a studio. We do not need a live truck. We just need around ten hours of one of Net -9's
employees to edit a half an hour program. My resolution would be that within 90 days, we start running
every 30 days a series, this series, Miami's Neighborhoods. If the Administration wants, I can furnish all
the information, the technical information on how we can do this, but we can do it. There is no need for
taping in the studios at all. This will be done via video and editing, B -roll, and also voiceover. And it
262 6/29/00
would take only ten hours to edit this half an hour program. So my resolution is, if the Commission
decides to support, that within 90 days from today, we start airing Miami's Neighborhoods. And all the
members of the Commission and the Mayor will have input with the Administration in offering
information about their neighborhoods in their districts.
Commissioner Teele: Second the motion.
Mayor Carollo: There's a motion and there's a second. And if I may —
Vice Chairman Gort: Mr. Mayor.
Mayor Carollo: Go ahead, Commissioner.
Vice Chairman Gort: For discussion purposes. One of the things that I'd like to see — unfortunately, you
know, newspapers do not publish or the news media do not publish the good things that are happening. I
remember one time when Miami was number one and number two in crime, and made the front pages in
the Miami Herald, and all the televisions and all that. My understanding, and I don't have the latest
statistics, but I understand that the City of Miami has come down quite a bit from that. And I think that
it's news like that, that we need to also add to the historical and whatever, the good news that,
unfortunately, we all know that a lot of the good things that we're doing here is not appearing and should
be put on Channel 9, because I'm amazed. I was not aware of how many people do watch it. There's a lot
of people that do watch it. And this is one way that we can tell our residents what are we doing and what
are the good things that's happening here in Miami.
Carlos Gimenez (City Manager): The problem with Net -9 has been that the resources that the City has put
into Net -9. With the signing of the new agreement with the cable company, we will be putting another —
you know, we're probably doubling the budget of Net -9 in the next year, so you should be able to see
more production, and more programming and more information put out on Net -9.
Commissioner Regalado: Excuse me. We do not need a new studio. We just need two video machines
and a person that knows how to edit for about five, seven, eight hours, and that will give you a half an
hour, 27 -minute program.
Mr. Gimenez: We agree. But, however, a lot of our equipment is obsolete. Things that could take, you
know, in a good studio, you know, five or six hours, with the video equipment that we have takes a lot
longer. So we really have not put the infrastructure in place to really make that, you know, the best use of
the people that we have. We're going to get some money from that agreement. We're going to put some
money into Net -9, and we're going to get some more personnel to make it a better — a better operation for
the City and for the citizens; still not as good as some other like cities who put, you know, quite a bit more
money into their studio than we put in.
Commissioner Regalado: I guarantee you —
Jorge Luis Hernandez (Director, Media Relations): I would like to say, Commissioner, that Channel 9 is
already working in what was the first resolution from the City Commission, which is a program to
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highlight the accomplishments of the Commissioners. I can see now that you are adding another program
to our —
Commissioner Regalado: Well, no, I don't — you know, I'm not going to insist anymore on the
Commissioners' program. I've been at it nine months now, so I don't have no problem.
Mr. Hernandez: The thing is, Commissioner, that respectfully—
Commissioner Regalado: No, but I think, you know, I do think — I've seen the equipment. I can tell you
that we can do this, no problem. The editing equipment is not obsolete. So, Mr. Manager, it can be done,
I'm telling you.
Mr. Gimenez: I'm not saying it can't.
Commissioner Regalado: I know a little about this. Just a little.
Mr. Gimenez: I'm not saying it can't be done. What I'm saying is that it takes a lot more effort because
of the equipment that we have. I didn't say it was obsolete. It's very old, and there's better ways, and
there's newer equipment that makes better use of the manpower. And we are going to comply with the
resolution, and we will, you know, do the best we can to get that program.
Mr. Hernandez: And generally, Commissioner, as you know, when you are going to portray the
Commissioners in the public light in a professional program, whatever we do in half hour, generally, with
all due respect, it takes a .little more than a light and a camera. It takes a producer, it takes an editor, it
takes a scriptwriter, unless you want to do an amateur film.
Commissioner Regalado: That's why I'm not talking about the Commissioners. I'm talking about
another thing. The Commissioners, we'll do it in the next millennium.
Mr. Hernandez: Well, at this moment, Channel 9 has only -
Commissioner Regalado: That's OK. It's no problem.
Mr. Hernandez: All Channel 9 has right now is one cameraman, that's it, and he's quite busy, doing all
this stuff.
Commissioner Regalado: Jorge, we would not need outside shooting for this program. We will not need
outside shooting.
Commissioner Winton: Could I ask another question about Net -9? Is there a way to make it scroll faster?
Even if I were interested in finding something on Net -9 — I sat one day and watched — it took, I mean, it
moves — I read slow.
Mr. Hernandez: Right.
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Commissioner Winton: And that thing goes slower than anything I've ever seen. And so who has — I
couldn't imagine anybody having the patience to sit there and wait for whatever it is, information we're
trying to give out.
Mr. Gimenez: The computer that runs that is not even made anymore. It's made — a computer by
Commodore. I don't even know if Commodore is in business anymore.
Mr. Hernandez: They are not.
Mr. Gimenez: So like I said —
Commissioner Winton: I thought that's a cruise line.
Mr. Gimenez: -- we have really old stuff, real old stuff.
Mayor Carollo: It's not just that we have old stuff. It's a matter, also, that even the camera that we have,
look at it. Just by looking at it, you'll see the quality of filming that you'll get. And the question is, do we
want to present to the public a professional image of what the City of Miami is portraying? If we want to
film our neighborhoods, we want to film a variety of things that we would like to see, do we want to put it
in a professional light, or do we want to have it be filmed in a way that someone is going to turn it off
right away, because they're not going to be hearing it clearly? The camera that you have, no matter how
much you will try, you cannot do adequate filming with that camera. Plus you have the other problem that
is the amount of personnel that you have. What I'd like to ask you, Mr. Manager, so that maybe we could
stop like we've had for the last nine, ten months, Media Relations up time and time again at every meeting
is, if you could come up, like the Manager should, with a comprehensive plan that you could sit with the
Media Director, other professionals that you could bring in, real professionals, and come up with a
comprehensive plan. First of all, what amount of dollars is recommended that is needed to have the
appropriate equipment and the amount of personnel that we need for whatever is going to be
recommended to be done. And then if you'd come back to this Commission with a comprehensive plan,
so the Commission could study it and could decide how much of it they want to accept, or how little of it
they want to accept, the more you put, the more of a price tag you're going to have on it. For instance,
we've looked at Miami -Dade County Commission where you were at before. You know, they have first
rate programming. But they also have a first rate amount of dollars that they spent on staff, and the
equipment and everything else. So it's a matter of how much we want to spend. But what we can do --
cannot do is to expect an "A" type of production when we don't have the personnel, we don't have the
equipment, because at the end, it is going to be the City of Miami that is going to be embarrassed as to
what goes on the air.
Commissioner Regalado: OK.
Commissioner Teele: Mr. Chairman, I have a related issue, but I don't want to amend this, because I
don't want this to get.diluted. So I would just call the question whenever you all are ready.
Commissioner Regalado: Yes, could you call the question?
Mayor Carollo: There's the question. All in favor, signify by saying "aye."
265 6/29/00
® 9
The Commission (Collectively): Aye.
Mayor Carollo: It passes.
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 00-576
A RESOLUTION OF THE MIAMI COMMISSION DIRECTING THE
CITY MANAGER TO TAKE ALL STEPS NECESSARY TO PROUCE
AND BROACAST ON NET 9, WITH INPUT FROM THE MAYOR
AND COMMISSIONERS, A SERIES OF PROGRAMS ENTITLED
"MIAMI'S NEIGHBORHOODS," WITH THE FIRST PROGRAM TO
BE AIRED WITHIN NINETY (90) DAYS OF THE ADOPTION OF
THIS RESOLUTION AND ALL SUBSEQUENT PROGRAMS TO BE
PROUCED AND REPRESENTED EVERY THIRTY (30) DAYS
THEREAFTER.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Commissioner Teele: Mr. Chairman, on a related issue, you know, what he's asking for in neighborhoods
is something that I really think we're assuming that everybody knows what the neighborhoods are. And
one of the things that I've been confronted with — and I know, Commissioner Winton, to your credit, you
campaigned — your whole campaign was based on you're going to revitalize neighborhoods, and that was
the core thing. But a lot of times, the City, through its planning process, has sort of created names for
areas that have gotten lost. For example, Little Haiti is Little Haiti, but there are a lot of areas, like Buena
Vista and other areas that are getting lost. I would like to request by motion that as a part of this that the
Planning Department 'and the NET (Neighborhood Enhancement Team) Office, and CD (Community
Development) and the appropriate departments come together and develop a document that reflects the
neighborhoods of the City of Miami, give a little bit of the boundaries, a little bit of the history. Not a
long, drawn out thing but at least — I think it would be very, very helpful if we could eventually come up
with a book of the neighborhoods of Miami, because a lot of history is getting lost, and a lot of things in
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the transition. And so I would move that the Manager be requested to do that, and to give us a report in
180 days on how that's going.
Mayor Carollo: That's a good idea.
Vice Chairman Gort: You know, and going back to what I stated before, Buena Vista, there's a lot of
changes that are taking, a lot of investments that's taking place. A lot of the old homes are being
refurbished and rebuilt. And people need to know this, so they can look at it. By looking at it, they can
say, maybe that's a good idea for me to buy property there and do that.
Commissioner Winton: Second the motion.
Mayor Carollo: There's a motion and there's a second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes.
Mr. Hernandez: Thank you, Mr. Mayor.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-577
A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT THE
PLANNING DEPARTMENT, THE NET OFFICES AND OTHER
APPROPRIATE DEPARTMENTS TO DEVELOP A DOCUMENT
THAT REFLECTS THE VARIOUS NEIGHBORHOODS OF THE CITY
OF MIAMI, ITS BOUNDARIES AND SOME HISTORICAL DATA
ASSOCIATED WITH EACH; FURTHER DIRECTING THE
MANAGER TO COME BACK TO THE CITY COMMISSION 1N 180
DAYS WITH A STATUS REPORT OR SAME.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
267 6/29/00
72. COMMENTS BY COMMISSIONER REGALADO REGARDING PROBLEMS OF TOWER
THEATER -- $1 MOVIES.
Mayor Carollo: All right. What else do we have?
Commissioner Regalado: Mr. Chairman, on the issue of the Tower Theater management, I will defer that
for next meeting. But I've got to tell you, Mr. Manager, that I sent you a memo, and I really respectfully
request that you would consider in the new management agreement with the Tower operators that at least
once a day — I mean once a week they would have movies for a dollar ($1) in which they would not have
to pay any surcharge to the City. Sometimes, the companies do not accept that first rate, first run movies
will be set on special, so they have to charge. But second run movies can be run for one dollar ($1), even
fifty cents. And that is money that belongs to the people of Miami. CDBG (Community Development
Block Grant) belongs to the poorest of the poor. And that theater was built in great part with CDBG
monies. So I would really request that you would give them the possibility of not paying surcharge to the
City one day a week if they do this for City of Miami residents. And they can do it by showing the I.D.,
like they do in Disney World, in any other park. If you are a Florida resident, you pay less. If you are a
City of Miami resident, you can go watch the movie for one dollar ($1). The other issue is the dressing
room. There is a back stage room that can be accommodated for dressing room in the Tower Theater.
The people of the management company say that they do not have the capability of live shows, because of
the lack of dressing rooms. There is, and I think that John knows a — the possibility of doing a dressing
room without spending thousands of dollars. It's just to cover that and to have a light, and that would be
all. It's downstairs.
Carlos Gimenez (City Manager): I thought that there was just a general lack of space in the back to do any
kind of live shows. I mean live shows with productions. They can do live shows, you know, like I guess
dancing and stuff like that, but they can't do productions..
Commissioner Regalado: Their complaint is their lack of dressing rooms, and they have one downstairs.
They have one, I think. So that would be on the Tower Theater. The last —
Mayor Carollo: What I think in this issue, Mr. Manager that you need to ascertain for this Commission is
what kind of realistic deficit we will be facing from whoever runs the Tower Theater.
Mr. Gimenez: Yes, sir.
Commissioner Regalado: But I thought that the Tower Theater was already paid for.
Mayor Carollo: To run it, Commissioner, you got to spend money.
Commissioner Regalado: Yeah, but they are going to run it. They are assuming all the costs of the
operation. This is what they told me, so that they'll — in fact, they will be paying the City. And what I'm
saying is at least once a week, you know, they can run second run movies for Miami residents at one
dollar ($1). That neighborhood cannot and will not pay seven dollars and fifty cents ($7.50). It's very
simple.
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Mr. Gimenez: We will try to negotiate that. I guess that's a business decision on their side if they want to
do that.
Vice Chairman Gort: Let me ask you a question. My understanding — and I read the contract. And the
contract states what they should have. They have to have at least one or two, I don't remember how many
community events there for the community open, that those could — my understanding is from what I read
in the contract — correct me if I'm wrong — that those events were free of charge to the people putting this
event together, and they were supposed to work with the community to do so. Number two is this could
be a marketing tool, because what happens is you need people — I don't know how many days they are
open. I have not been able to go by, and I don't know if they're open seven -- Are they open seven days a
week?
Lori Bilberry (Director, Asset Management):. Yes. But during the day, there are no shows during the
week.
Vice Chairman Gort: I understand. And what you could do is — and you do this in business all the time.
You do it with frequent flyers and you do it with airlines, and you do it with restaurants. You set up the
day where they don't have that much movement, and they can set up that theater at a dollar ($1) on that
day, on a Thursday, on Wednesday, when there's no movement. And that'll be a great market, because at
least -- When I visited the theater, I was impressed. I think it was beautiful. It looks great. A lot of
people might not go in, because it's seven -fifty and they're not going to pay. But maybe one night, if they
pay the one dollar ($1) and go in, especially on a slow night when there's no traffic in there, this is one
way to create and improve their market. So this is a suggestion that you can talk to them.
Mayor Carollo: And I'll say again what I've said before the Tower Theater was finalized that I don't see
anybody that can run that without incurring a deficit. And no matter who is there now, or who might go
into the future to run that, they might go in there with the best intentions, but you're going to see, sooner
or later, that they're not going to make ends meet. And the time will come that they'll get tired of putting
their hands in their pocket to pay the City and others when they're not making the money. So I just hope
that the Administration keeps this in sight, because all you have to do is just look across the country,
across Florida, and you have hundreds and hundreds of movie theaters with six, eight, even twelve screens
that have been shut down, because they can't make a go at it. I think it's going to be very difficult for us
with a two -screen movie theater to make a go at it.
Vice Chairman Gort: Well, that's something we need to look into, see if the revenues are there or not.
But this could, Mr. Mayor, I think this could be a marketing tool that they can use to try to bring people in
on off nights.
Commissioner Regalado: The way that this theater was presented to the community and to the people that
are interested in running it is that they would run different kind of pictures than other regular movie
theaters. And it worked during the Hispanic Festival. It worked. Thousands of people attended that
theater, the people that could pay seven dollars and fifty cents ($7.50), because they want to see first run
movies from Spain, or Mexico or whatever. And I don't see — I see that theater with a good marketing
campaign really working.
269 6/29/00
73. COMMENTS CONCERNING INVESTIGATION OF COMMISSIONER REGALADO
MAKING PHONE CALLS TO CUBA FROM CITY TELEPHONES.
Commissioner Regalado: And Mr. Chairman, the last issue is an update concerning the internal
investigation of Mr. Donald Warshaw's note. The reason I brought this is that I received this memo from
the Manager regarding the inquiry made at the June 81h City Commission meeting. And according to the
Manager, everything will be done by the special -- State Special Prosecutor, and no other process should
begin until this inquiry is completed by the prosecutor. That I agree. But the Manager says in the
meantime, I have spoken to Police Chief Raul Martinez in reference to any Police Department
involvement in this case. Chief Martinez relayed to me that he has spoken to all parties that could have
been involved in any of the issues included in the Warshaw note. And the group includes Donald
Warshaw, William O'Brien, John Brooks, Bobby Cheatham, Ray Martinez, Carolyn Forquer, Juan Garcia,
John Buhrmaster, Paul Shepard, all personnel in the Special Investigations Section, all personnel in the
Internal Affairs Unit. And you, Mr. Manager, said that all of the parties contacted stated that if any of
those conversations and requests occurred as listed in the Warshaw note, the instructions never made it to
the Miami Police Department to conduct any follow-up or investigation as it related to elected officials.
Then the Herald published this memo to Donald Warshaw, City Manager, from Sergeant Robert Fielder,
Jr., summary report of City Hall telephone long distance calls. It's a huge, long memo that was published
in part by the Herald, but it's in many of the paragraphs where the Mayor allegedly had discussed the
Cuban spies in City Hall. Cuban Spies, the network of Cuban spies. But the problem is — my problem is
that my name is mentioned here in Paragraph 13. And I'm glad that the Mayor is here, because that way -
- It says:
The Mayor and I — this is the Sergeant speaking — spoke about the calls to Cuba. He clearly
believed that Commissioner Tomas Regalado was responsible for the calls. I told the Mayor that it
might be difficult to prove. I suggested that it would be useful to determine if another phone that
Regalado has use of called the same numbers in Cuba. The Mayor told me that he had connections
with the management of one of the Cuban radio stations that Regalado worked. The Mayor said
that he might be able to obtain toll records that would be linked to Regalado. I told the Mayor I
would wait to hear from him. I told the Mayor that it might be best to concentrate on prevention
against future abuse. I was referring to a new system that was due to be installed that would
require a code number to place a long distance call.
There is more here about this. But the Mayor did say to the Herald that he didn't say this. But my
question to the City Manager is, is this sergeant also in this list that did not investigate any elected
officials? Is that different? Did that investigation take place? Did the Police Department work on
investigating an elected official as it says here?
Carlos Gimenez (City Manager): Sir, his name is not listed on the memo that was sent to you.
Commissioner Regalado: It's not?
Mr. Gimenez: No, sir.
Commissioner Regalado: Well, that's why I would like for you, Mr. Manager, to find out if, indeed, that
investigation took place.
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0
Mr. Gimenez: I'll have the Police Department ask the individual if that, you know, actually took place.
I've got to say that I — again, I'm taking steps to make sure that whatever happened in the past will not
ever happen in the future. And I'm not saying anything did happen in the past. I just want to make sure
that even the appearance of the Police Department investigating elected officials, you know, will not be in
the future. And we'll talk to the FDLE (Florida Department of Law Enforcement) about taking over. And
any allegations against any elected official occurred during this Administration, it will not be handled by
the Miami Police Department. It will go right to the FDLE.
Commissioner Regalado: And I'm really glad, Mr. Manager, but I was — I respectfully would request that
you find out if this investigation did take place, because it's important, at least for me to know, and for the
people of Miami, of course.
Mr. Gimenez: I will ask the Police Chief to write me a report, you know, on that particular piece of paper.
Commissioner Regalado: 'Thank you, sir. I'm done, Mr. Chairman.
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74. COMMENTS REGARDING YACHT USED BY DIGNITARIES.
Mayor Carollo: OK. Any additional items, statements, jokes?
Vice Chairman Gort: Move to adjourn. I got people waiting for me, guys.
Commissioner Teele: Hey, I know a joke.
Mayor Carollo: Want to talk about the Tequestas some more?
Commissioner Teele: Well, I was going to recommend that we have the official Mayor's yacht host a
delegation of State representatives and State senators that may be helpful.
Mayor Carollo: Well, I don't know about a yacht, but I'll try to get them as close to the water as I can.
And we'll provide the food, and soda and entertainment. How about that?
Commissioner Teele: That would be great.
Mayor Carollo: If you help me get all of them here, we'll do that.
Commissioner Teele: We'll do it.
Mayor Carollo: OK. I need a motion and a second to adjourn the meeting, please.
Commissioner Teele: So move, Mr. Mayor.
Mayor Carollo: Moved by Commissioner Teele.
Commissioner Winton: Second.
Mayor Carollo: Seconded by Commissioner Winton. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
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The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-578
A MOTION TO ADJOURN TODAY'S COMMISSION MEETING.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
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There being no further business to come before the City Commission, the meeting was adjourned at 7:56
p.m.
ATTEST:
WALTER J. FOEMAN
City Clerk
SYLVIA LOWMAN
Assistant City Clerk
MAYOR JOE CAROLLO
Presiding Officer
(SEAL)
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