HomeMy WebLinkAboutCC 2000-11-16 MinutesC
CITY OF MIAMI,--
COMMISSION
MEETING
MINUTES
OF MEETING HELD ON NOVEMBER 16, 2000
PREPARED BY THE OFFICE OF' THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
ITEM NO.
INDEX
MINUTES OF CRA MEETING
NOVEMBER 16, 2000
SUBJECT
1. (A) ATTORNEY -CLIENT SESSION - DONALD H.
WARSHAW V. CITY OF MIAMI.
(B) ANNOUNCEMENT BY COMMISSIONER
TEELE REGARDING PRESENTATION TO
LITTLE HAITI CITIZENS POLICE PATROL
GROUP.
2. PRESENTATIONS & PROCLAMATIONS
PROCLAMATION: LITTLE HAITI CITIZENS ON
PATROL DAY -CERTIFICATES OF
APPRECIATION TO INDIVIDUALS WHO
ASSISTED POLICE IN CRIME FIGHTING
EFFORTS: FRED ST. AMAND, JOSEPH
TOUSSANT AND MARK JEUDY.
ACCEPT $500 CHECK DONATION FROM
BERNARD WOLFSON FROM HAMPTON INN
HOTEL TO BENEFIT CITY'S PARKS
DEPARTMENT.
COMMENDATIONS TO POLICE OFFICERS:
LT. DAN WATKINS, SGT. PLACIDO DIAZ, OFC.
LUIS CABRERA, OFC. JESSE HENRIQUEZ, OFC.
RICARDO AMARO, OFC. LARRY HAGAN, OFC.
FREDY PONCE, OFC. MAURICE AUSTIN, OFC.
CLIFF TOWNSEND, OFC. PABLO CAMACHO.
LEGISLATION
11/16/00
DISCUSSION
2-3
11/16/00
PRESENTATIONS
4-8
3. (A) SUPPORT FOR FLAGLER MARKETPLACE
11/16/00
PROJECT; MANAGER TO WORK WITH
M-00-972
DOWNTOWN DEVELOPMENT AUTHORITY (DDA)
R-00-973
TO DEVELOP FUNDING PLAN FOR SAME AND
9-20
IMPLEMENT INCENTIVES FOR DEVELOPMENT
CITYWIDE.
(B) MANAGER AND CITY ATTORNEY TO
EXPLORE PRACTICALITY OF LIMITED TAX
INCREMENT FINANCING DISTRICT FOR
DOWNTOWN BUSINESS CORRIDOR, IN
CONJUNCTION WITH OR APART FROM A LIMITED
TAX INCREMENT FINANCING DISTRICT FOR
MIAMI RIVER DREDGING PROJECT.
4. PRESENTATION OF CHECK FOR $292,000 FROM
11/16/00
BAYFRONT PARK TRUST EXECUTIVE DIRECTOR
DISCUSSION
JAY CONSTANZ.
21-22
5. APPROVE IN CONCEPT FIVE PROJECTS
11/16/00
(1) CREATE POOL OF FUNDS, $1,000,000, TO
M-00-974
FORECLOSE ON DERELICT PROPERTY;
23-28
(2) $6,000,000 FOR STREET IMPROVEMENTS
FOR DOWNTOWN, BRICKELL AVENUE AND
DESIGN DISTRICT TO CREATE INFRASTRUCTURE
TO PROMOTE ADDITIONAL DEVELOPMENT;
(3) $1,000,000 TO HIRE PROCESS ENGINEERS TO
LOOK AT CITY'S INTERNAL PROCESS FOR
RECURRING COST SAVINGS;
(4) $2,000,000 TO HIRE OUTSIDE CONSULTANTS
TO FAST TRACK DEVELOPMENT PROJECTS SUCH
AS WATSON ISLAND, BICENTENNIAL PARK,
MARINE STADIUM AND DINNER KEY;
(5) $2,500,000 TO CREATE DEMONSTRATION
PROJECT FOR SOLID WASTE REMOVAL.
6. CONSENT AGENDA. 11/16/00
DISCUSSION
29-31
6.1
ACCEPT BID OF LAMENCA CORPORATION FOR
11/16/00
ACQUISITION OF GROUND MAINTENANCE
R-00-975
SERVICES FOR BAYFRONT PARK
32
MANAGEMENT TRUST, $13,680; ALLOCATING
FUNDS FROM GENERAL OPERATING BUDGET OF
TRUST.
6.2
ACCEPT BID OF SOUTH FLORIDA
11/16/00
MAINTENANCE SERVICES FOR ACQUISITION
R-00-976
OF MAINTENANCE PERSONNEL AND SERVICES
32
FOR SPECIAL EVENTS FOR BAYFRONT PARK
MANAGEMENT TRUST, $80,000; ALLOCATING
FUNDS FROM GENERAL OPERATING BUDGET OF
TRUST.
6.3
ACCEPT BID OF DAK SECURITY AGENCY, INC.
11/16/00
FOR ACQUISITION OF SECURITY AND
R-00-977
PARKING CONTROL PERSONNEL FOR
33
SCHEDULED EVENTS FOR BAYFRONT PARK
MANAGEMENT TRUST, $120,000, ALLOCATING
FUNDS FROM GENERAL OPERATING BUDGET OF
TRUST.
6.4
ACCEPT BID OF NAVAS PARTY PRODUCTIONS,
11/16/00
INC. FOR RENTAL AND SETUP OF TENTS,
R-00-978
TABLES AND CHAIRS FOR BAYFRONT PARK
33
MANAGEMENT TRUST, $80,000; ALLOCATING
FUNDS FROM GENERAL OPERATING BUDGET OF
TRUST.
6.5
ACCEPT BID OF HOLMATRO, INC. FOR
11/16/00
PROCUREMENT OF HOLMATRO EXTRICATION
R-00-979
TOOLS AND ACCESSORIES FOR DEPARTMENT
34
OF FIRE -RESCUE, $27,168; ALLOCATING FUNDS
FROM FIRE ASSESSMENT.
6.6
ACCEPT BID OF HARRISON UNIFORM FOR
11/16/00
PROCUREMENT OF BADGES, INSIGNIAS AND
R-00-980
WALLETS FOR DEPARTMENT OF POLICE
34
$26,867.82; ALLOCATING FUNDS FROM
DEPARTMENT OF POLICE GENERAL OPERATING
BUDGET.
•
6.7
ACCEPT BID OF HOPE CENTER, INC. FOR
11/16/00
PROVISION OF CUSTODIAL SERVICES AT
R-00-981
MARINE STADIUM MARINA, FOR DEPARTMENT
35
OF CONFERENCES, CONVENTIONS, AND PUBLIC
FACILITIES, $8,940; ALLOCATING FUNDS FROM
MARINE STADIUM MARINA OPERATING BUDGET.
6.8
ACCEPT BID OF SOUTH FLORIDA
11/16/00
MAINTENANCE SERVICES, INC. FOR
R-00-982
ACQUISITION OF MAINTENANCE SERVICES
35
FOR SCHEDULED EVENTS AT ORANGE BOWL
STADIUM FOR DEPARTMENT OF CONFERENCES,
CONVENTIONS AND PUBLIC FACILITIES, $150,000;
ALLOCATING FUNDS FROM ORANGE BOWL
STADIUM OPERATING BUDGET.
6.9
ACCEPT BID OF HANDSEL ELECTRIC
11/16/00
COMPANY OF FLORIDA, INC. FOR PROJECT
R-00-983
ENTITLED "SOLID WASTE FACILITY
36
EMERGENCY GENERATOR SYSTEM, B-6361";
ALLOCATING FUNDS FROM FISCAL YEAR 2000
GENERAL FUND, $105,277.
6.10
ACCEPT BIDS OF VARIOUS VENDORS FOR
11/16/00
PROCUREMENT OF WORK AND LATEX
R-00-894
GLOVES FOR DEPARTMENT OF PURCHASING, TO
36
BE USED BY VARIOUS CITY DEPARTMENTS;
ALLOCATING FUNDS FROM OPERATING
BUDGETS OF VARIOUS USER DEPARTMENTS.
6.11
AUTHORIZE ACQUISITION OF COMPUTER
11/16/00
SOFTWARE TRAINING FOR END USERS
R-00-985
CITYWIDE FROM EXECUTRAIN UNDER STATE
37
OF FLORIDA CONTRACT NO. 973-890-98-1 FOR
DEPARTMENT OF HUMAN RESOURCES, $135,000;
ALLOCATING FUNDS FROM DEPARTMENT OF
HUMAN RESOURCES.
6.12
AUTHORIZE FUNDING OF ALTERNATIVE
11/16/00
PROGRAMS, INC., $80,000; ALLOCATING FUNDS
R-00-986
FROM LAW ENFORCEMENT TRUST FUND.
37
i
6.13
AMEND RESOLUTION NO. 00-250 ACCEPTING
11/16/00
BIDS OF CANNON SPORTS, INC., GOPHER
R-00-987
SPORT, SPORTS SUPPLY GROUP, INC., D/B/A
38
BSN SPORTS, ZIPP SPORTING GOODS,
COOLEGIATE PACIFIC, INC., AND BILL FRITZ
SPORTYS CORP. AND INCREASE ANNUAL
AMOUNT FROM $14,140.94 TO $54,140.94, FOR
PROCUREMENT OF RECREATIONAL
EQUIPMENT AND SUPPLIES; ALLOCATING
FUNDS FROM PARKS AND RECREATION
DEPARTMENT'S GENERAL OPERATING BUDGET
AND RECREATION CONSOLIDATED REVENUE
ACCOUNT.
6.14
AUTHORIZE FUNDING OF GANG REDUCTION
11/16/00
ACTIVITIES AND SPORTS PROGRAM
R-00-988
(G.R.A.S.P.), $99,138; ALLOCATING FUNDS FROM
38
LAW ENFORCEMENT TRUST FUND.
6.15
APPROVE LIST OF PRE -QUALIFIED PROPOSERS
11/16/00
TO PROVIDE EXECUTIVE SEARCH SERVICES FOR
R-00-989
DEPARTMENT OF HUMAN RESOURCES, $100,000.
39
6.16
AUTHORIZE MANAGER TO EXECUTE GRANT
11/16/00
OF EASEMENT WITH MIAMI-DADE COUNTY FOR
R-00-990
12-FOOT WIDE PERPETUAL, NON-EXCLUSIVE
39
EASEMENT TO FACILITATE CONSTRUCTION,
INSTALLATION, OPERATION AND MAINTENANCE
OF WATER FACILITIES FOR WINN DIXIE STORE
LOCATED AT 1145 NORTHWEST 11 TH STREET.
6.17
AUTHORIZE MANAGER TO EXECUTE A GRANT
11/16/00
OF EASEMEN, WITH MIAMI-DADE COUNTY FOR
R-00-991
15-FOOT WIDE PERPETUAL, NON-EXCLUSIVE
40
EASEMENT TO FACILITATE CONSTRUCTION,
INSTALLATION, OPERATION AND MAINTENANCE
OF SEWAGE FACILITIES FOR WINN DIXIE STORE
LOCATED AT 1145 NORTHWEST 11TH STREET.
7.
AUTHORIZE MANAGER TO EXECUTE AN
11/16/00
AGREEMENT WITH METRO-MIAMI
R-00-992
COMMUNITY DEVELOPMENT CORPORATION
41-49
TO DISPOSE OF CITY -OWNED PARCELS LOCATED
AT 1700 NORTHWEST 14TH AVENUE.
8.
AMEND RESOLUTION NO. 00-105 WHICH
11/16/00
ESTABLISHED ECONOMIC DEVELOPMENT
R-00-993
COMMITTEE TO INCORPORATE DIRECTIVES
50-51
CONTAINED IN RESOLUTION NO. 00-359, WHICH
DESIGNATED COMMISSIONER TOMAS REGALADO
AS COMMISSION'S REPRESENTATIVE TO
PARTICIPATE IN NEGOTIATIONS BETWEEN CITY
AND PORT OF MIAMI REGARDING PORT
EXPANSION ON WATSON ISLAND AND PROVIDE
FOR ENGAGEMENT OF INDIVIDUAL TO REPORT
DIRECTLY TO COMMITTEE TO ACCOMPLISH
DUTIES AND GOALS CHARGED TO SAID
COMMITTEE; $40,000, FROM FISCAL YEAR 2000
SURPLUS FUNDS.
9.
TABLED: UNIFIED DEVELOPMENT PROJECT
11/16/00
(UDP) FOR NORTHWEST QUADRANT OF
TABLED
WATSON ISLAND — REFERENDUM
52-61
WATERFRONT BOARD, MEGA YACHT
FACILITY, CONSULTANT REPORT,
EVALUATION CRITERIA (See 414).
10.
TABLED: DISCUSSION CONCERNING
11/16/00
CLAUGHTON ISLAND MARINA (SWIRE PACIFIC
TABLED
HOLDINGS) (See #56).
62
11.
MANAGER TO TOW UNAUTHORIZED VEHICLES
11/16/00
OFF PUBLIC RIGHT-OF-WAYS AND PREPARE
M-00-994
COMPREHENSIVE PLAN REGARDING PROPER
63-68
AUTHORIZATION FOR SAME THROUGH LEASE OR
CONTRACT FOR STREET EXCAVATION REPAIRS —
MOONS ENTERPRISE CLOSE TO CAMILLUS
HOUSE.
•
12. MR. MICHAEL J. SAMUELS AND MR. ED ASPER - 11/16/00
PRESENTATION ON MIAMI SENIOR HIGH SCHOOL PRESENTATION
LEGAL & PUBLIC AFFAIRS MAGNATE MENTOR 69-70
PROGRAM.
13. COMMENTS REGARDING RUGBY TOURNAMENT 11/16/00
AT CURTIS PARK. DISCUSSION
71
14. DEFERRED: PROPOSED UNIFIED
11/16/00
DEVELOPMENT PROJECT (UDP) FOR
DEFFERRED
NORTHWEST QUADRANT OF WATSON ISLAND —
72-73
REFERRED TO WATERFRONT BOARD (See #9).
15. APPROVE AND CONFIRMING MANAGER'S
11/16/00
FINDING OF SOLE SOURCE; WAIVE
R-00-995
REQUIREMENTS FOR COMPETITIVE SEALED
74-75
BIDDING PROCEDURES, AND APPROVE
PURCHASE OF ONE LIFEPAK
DEFIBRILLATION/MONITORS, 12-LEAD EKG
MONITOR, AND RELATED EQUIPMENT FROM
MEDTRONIC PHYSIO CONTROL CORPORATION,
SOLE SOURCE PROVIDER, FOR DEPARTMENT OF
FIRE -RESCUE URBAN SEARCH AND RESCUE
(USAR) TEAM, $20,000; ALLOCATING FUNDS FROM
GRANT ENTITLED, "FEMA/USAR GRANT AWARD
(FY 2000).
16. APPROVE AND CONFIRM MANAGER'S FINDING
11/16/00
OF AN EMERGENCY, WAIVE REQUIREMENTS
R-00-996
FOR COMPETITIVE SEALED BIDDING
76-77
PROCEDURES AND APPROVE ACQUISITION OF
ELECTRICAL SPLICE REPLACEMENT SERVICES
FOR PROJECT ENTITLED "DINNER KEY
MARINA SPLICE REPLACEMENT PROJECT (3D
BIDDING) B-6325," CAPITAL IMPROVEMENTS
PROJECT NO. 326004, FOR DEPARTMENT OF
PUBLIC WORKS FROM TRI-CITY ELECTRIC
COMPANY, INC., $201,875; ALLOCATING FUNDS
FROM FISCAL YEAR 1999 GENERAL FUND AND
FISCAL YEAR 2000 GENERAL FUND SURPLUS.
•
17.
CITY'S LEGISLATIVE PRIORITIES TO INCLUDE:
11/16/00
(1) PRESERVATION 2000 (FLORIDA FOREVER
M-00-997
FUND), PROGRAM STATE HAS EARMARKED $300
M-00-998
MILLION ANNUALLY TO PURCHASE LAND, TO
R-00-999
DEVELOP PLAN AND SEEK AFOREMENTIONED
78-89
FUNDING SOURCE TO BE USED FOR GREEN SPACE
AND PARK LAND IN CITY;
(2) LAND ACQUISITION FOR LITTLE HAITI PARK;
(3) AMENDMENT TO SECTION 790.0712 OF
FLORIDA STATUTES, WHICH WOULD PROHIBIT
CARRYING OF CONCEALED FIREARMS AT PUBLIC
DEMONSTRATIONS.
18.
ALLOCATE $50,000 OF HOME INVESTMENT
11/16/00
PARTNERSHIP (HOME) FUNDS TO OSTERHOLT
R-00-1000
CONSULTING, INC., TO PROVIDE CONSULTANT
90
SERVICES RELATING TO MODEL CITY
HOMEOWNERSHIP ZONE PROJECT.
19.
DEFER: REPROGRAM $750,000 OF COMMUNITY
11/16/00
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
DEFERRED
PREVIOUSLY ALLOCATED TO DOWNTOWN
91-95
DEVELOPMENT AUTHORITY AND
TRANSFERRING SAID REPROGRAMMED FUNDS
TO SUPPORT CAPITAL IMPROVEMENT PROJECTS
(CIP) AS PRIORITIZED BY MANAGER OR DESIGNEE
(See #75).
20.
SCHEDULE PUBLIC HEARING CONCERNING
11/16/00
REPROGRAMMING OF 26TH YEAR COMMUNITY
R-00-1001
DEVELOPMENT BLOCK GRANT FUNDS, $50,000,
96-97
PREVIOUSLY ALLOCATED FOR CODE
ENFORCEMENT PURPOSES TO MODEL HOUSING
COOPERATIVE INC. FOR HOUSING
ADMINISTRATION ACTIVITIES RELATED TO
DEVELOPMENT OF GODOY VILLAS AFFORDABLE
HOUSING PROJECT.
21. EMERGENCY ORDINANCE: ESTABLISH SPECIAL
REVENUE FUND ENTITLED
"WORKFORCE/WELFARE TRANSITION
PROGRAM (PY 2000-2001)99; APPROPRIATE
$758,070 FOR ITS OPERATION FROM U.S.
DEPARTMENT OF LABOR THROUGH SOUTH
FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM.
22. EMERGENCY ORDINANCE: ESTABLISH SPECIAL
REVENUE FUND ENTITLED "REFUGEE
EMPLOYMENT AND TRAINING PROGRAM (PY
2000-2001)99; APPROPRIATE $90,594 FOR ITS
OPERATION FROM FLORIDA DEPARTMENT OF
CHILDREN AND FAMILIES THROUGH OFFICE OF
REFUGEE RESETTLEMENT, U.S. DEPARTMENT OF
HEALTH AND HUMAN SERVICES.
23. AMEND PROPOSED EMERGENCY ORDINANCE TO
AMEND ORDINANCE 11970, ANNUAL
APPROPRIATIONS ORDINANCE FOR FISCAL YEAR
2001, BY ADDING $200,000 TO MUNICIPAL
OPERATIONS CONTAINED IN GENERAL FUND FOR
BICENTENNIAL PARK/FEC SLIP WATERFRONT
RENEWAL PROCESS, BRINGING TOTAL AMOUNT
TO $27,153,628 IN NONDEPARTMENTAL ACCOUNT
CATEGORY, AND $319,113,817 AS TOTAL GENERAL
FUND AMOUNT.
24. SECOND READING: AMEND ORDINANCE NO.
10021, WHICH ESTABLISHED INITIAL
RESOURCES AND INITIAL APPROPRIATIONS
FOR LAW ENFORCEMENT TRUST FUND,
PROVIDING FOR AN INCREASE OF $3,000,000, AS
RESULT OF ADDITIONAL MONEYS DEPOSITED
IN SAID FUND DUE TO SUCCESSFUL
FORFEITURE ACTIONS.
11/16/00
ORDINANCE
NO. 11991
98-99
11/16/00
ORDINANCE
NO. 11992
100-101
11/16/00
M-00-1002
ORDINANCE
NO. 11993
102-108
11/16/00
ORDINANCE
NO. 11994
109-110
25. SECOND READING: AMEND SECTIONS 2-694, 2-
887, 2-892, AND 2-976 AND TITLE .NAME OF
ARTICLE XI, DIVISION 5 OF CITY CODE TO
CHANGE NAME OF AFFIRMATIVE ACTION
ADVISORY BOARD TO EQUAL OPPORTUNITY
ADVISORY BOARD TO ACCURATELY EXPRESS
PURPOSE AND FUNCTIONS FOR WHICH AAAB
WAS ESTABLISHED.
26. SECOND READING: AMEND SECTION 18-298(6) OF
CITY CODE ENTITLED
"FINANCE/STORMWATER UTILITY FEES AND
FUND" TO CHANGE REFERENCES FROM
"MIAMI RIVER COORDINATING COMMITTEE"
TO "MIAMI RIVER COMMISSION".
27. ACCEPT RESULTS OF SPECIAL MUNICIPAL
ELECTION FOR CHARTER AMENDMENT NO. 2,
HELD ON NOVEMBER 7, 2000, FOR CHANGE IN
COMPOSITION OF DEPARTMENT OF OFF-STREET
PARKING (DOSP) BOARD FROM FIVE MEMBERS
APPOINTED BY BOARD ITSELF AND CONFIRMED
BY COMMISSION, TO SEVEN MEMBERS, BY
ADDING MAYOR AS CHAIRPERSON OF BOARD
AND BY ADDING ONE MEMBER APPOINTED BY
COMMISSION WAS DISAPPROVED BY
ELECTORATE (See #29).
28. APPROVE AND CONFIRM MANAGER'S FINDING
OF AN EMERGENCY, WAIVE REQUIREMENTS
FOR COMPETITIVE SEALED BIDDING
PROCEDURES AND APPROVE ACQUISITION OF
SPACESAVER MOBILE FILING AND STORAGE
SYSTEM AND RECONFIGURATION OF
MODULAR WORK STATIONS, $25,899.25;
ALLOCATING FUNDS FROM GENERAL OPERATING
BUDGET OF OFFICE OF CITY CLERK AND
LOBBYIST REGISTRATION SPECIAL REVENUE
FUND.
11/16/00
ORDINANCE
NO. 11995
111-112
11/16/00
ORDINANCE
NO. 11996
113-114
11/16/00
R-00-1003
115-116
11/16/00
R-00-1004
117-118
• 1 i
29.
COMMENT BY COMMISSIONER TEELE
11/16/00
REGARDING DECLARATION OF RESULTS OF
DISCUSSION
SPECIAL MUNICIPAL ELECTION FOR CHARTER
119
AMENDMENT NO. 2, HELD ON NOVEMBER 7,
2000 (See #27).
30.
AMEND RESOLUTION NO. 00-170 WHICH
11/16/00
AUTHORIZED MANAGER TO ALLOCATE
R-00-1005
$2,205,000 IN HOME INVESTMENT PARTNERSHIP
120-121
(HOME) PROGRAM FUNDS TO FOUR
DEVELOPERS IN CONNECTION WITH
DEVELOPMENT OF 697 UNITS OF AFFORDABLE
HOUSING IN CITY; AMEND SAID RESOLUTION TO
REFLECT LEGAL NAME OF DEVELOPER
AWARDED $140,000 IN CONNECTION WITH
FINANCING OF VISTA ALEGRE APARTMENTS
PROJECT LOCATED AT 2235 SOUTHWEST 8Tx
STREET IN LITTLE HAVANA NEIGHBORHOOD.
31.
APPROVE AND CONFIRM MANAGER'S ACTION
11/16/00
TO CONTRACT WITH TONYA, INC. TO PROVIDE
R-00-1006
EMERGENCY TECHNICAL ASSISTANCE AND
122
TRAINING TO STAFF; ALLOCATING $29,750 OF
COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS TO COVER COST OF TRAINING.
32.
APPROVE AND CONFIRM MANAGER'S FINDING
11/16/00
OF EMERGENCY, WAIVE REQUIREMENTS FOR
R-00-1007
COMPETITIVE SEALED BIDS AND APPROVE
123-124
PROCUREMENT OF INSPECTION AND ANALYSIS
SERVICES OF FIRE ALARM SYSTEM AT
MIAMARINA AT BAYSIDE, FROM DIVERSIFIRE
SYSTEMS, INC. FOR DEPARTMENT OF
CONFERENCES, CONVENTIONS AND PUBLIC
FACILITIES, $5,125; WITH FUNDS ALLOCATED
FROM MIAMARINA OPERATING BUDGET.
0 •
33. APPROVE AND CONFIRM MANAGER'S FINDING
OF EMERGENCY, WAIVE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES
AND AUTHORIZE REPAIRS TO ROOF OF
COCONUT GROVE CONVENTION CENTER FOR
DEPARTMENT OF CONFERENCES,
CONVENTIONS AND PUBLIC FACILITIES FROM
V.V. ROOFING, INC., $7,000, AND MURTON
ROOFING CORP., $1,500, TOTAL AMOUNT $8,500;
ALLOCATING FUNDS FROM COCONUT GROVE
CONVENTION CENTER FY 99-00 OPERATING
BUDGET.
34. AUTHORIZE AN INCREASE IN CONSTRUCTION
CONTRACT, BETWEEN CITY AND MASTER
EXCAVATORS, INC., $350,000 FOR STORMWATER
DRAINAGE CONSTRUCTION IN CITYWIDE LOCAL
DRAINAGE PROJECT E-75, B-5638, INCREASING
CONTRACT SUM FROM $731,350 TO $1,081,350.
35. RESCIND RESOLUTION NO. 00-332 AND AWARD
OF INVITATION FOR BIDS NO. 99-00-084 TO
PHILCORP . LANDSCAPE, INC., FOR
PROCUREMENT OF HERBICIDE FOR
DEPARTMENT OF PARKS AND RECREATION;
ACCEPT BID FROM AGRO DISTRIBUTION, FOR
SAID PROCUREMENT, $20,090; ALLOCATING
FUNDS FROM DEPARTMENT OF PARKS AND
RECREATION OPERATING BUDGET.
36. AUTHORIZE CONTINUED ENGAGEMENT OF
LAW FIRM OF SALE & KUEHNE, P.A., FOR
REPRESENTATION OF MAYOR JOE CAROLLO
IN MATTER OF DONALD H. WARSHAW v. CITY,
ALLOCATING $5,000 PLUS COSTS FROM SELF-
INSURANCE AND INSURANCE TRUST FUND.
37. AUTHORIZE CONTINUED ENGAGEMENT OF
LAW FIRM OF AKERMAN, SENTERFITT &
EIDSON, P.A., FOR REPRESENTATION OF CITY
IN MATTER OF DONALD H. WARSHAW V. CITY;
ALLOCATING $30,000, PLUS COSTS FROM SELF-
INSURANCE AND INSURANCE TRUST FUND.
11/16/00
R-00-1008
125-126
11/16/00
R-00-1009
127-130
11/16/00
R-00-1010
131-132
11/16/00
R-00-1011
133-134
11/16/00
R-00-1012
135-136
0 0
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38.
APPROVE PARTICIPATION IN CITY GROUP
11/16/00
MEDICAL AND DENTAL INSURANCE PROGRAM
R-00-1013
(1) NON -EMPLOYEE MEMBERS OF CIVIL
137-143
SERVICE BOARD, PLANNING ADVISORY BOARD,
AND ZONING BOARD, (2) ATTORNEYS ENGAGED
TO REPRESENT CIVIL SERVICE BOARD AND
CODE ENFORCEMENT BOARD, (3) TRUSTEES OF
GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST AND
FIREFIGHTERS' AND POLICE OFFICERS'
RETIREMENT TRUST, AND (4) ELIGIBLE
DEPENDENTS OF AFORESAID.
39.
AUTHORIZE MANAGER TO EXECUTE
11/16/00
AMENDMENT TO EXISTING AGREEMENT WITH
R-00-1014
LAW FIRM OF GREENBERG, TRAURIG TO
144-145
EXTEND TERM OF AGREEMENT AT SAME
TERMS AND CONDITIONS FOR PROVISION OF
FEDERAL GOVERNMENT LOBBYING AND
CONSULTING SERVICES TO CITY; ALLOCATING
$100,000.
40.
AUTHORIZE MANAGER TO EXECUTE
11/16/00
AMENDMENT TO EXISTING AGREEMENT WITH
R-00-1015
KATZ, KUTTER, ALDERMAN, HAIGLER,
146-147
BRYANT & YON, P.A. AND RICHARD L. SPEES,
P.A., TO EXTEND TERM OF AGREEMENT AT
SAME TERMS AND CONDITIONS FOR
PROVISION OF FEDERAL GOVERNMENT
LOBBYING AND CONSULTING SERVICES TO
CITY; ALLOCATING $100,000.
41.
REQUEST BOARD OF COUNTY COMMISSIONERS
11/16/00
OF MIAMI-DADE COUNTY DELEGATE POWER OF
R-00-1016
EMINENT DOMAIN TO BE EXERCISED 1N
148
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AREA TO CITY.
•
42. APPROVE ACQUISITION OF MOBILE DIGITAL
11/16/00
COMPUTERS, DESKTOP COMPUTERS, SERVERS,
R-00-1017
SOFTWARE, RELATED EQUIPMENT, AND
149-150
SERVICES FOR DEPARTMENT OF POLICE FROM
UNISYS CORPORATION AND OTHER VENDORS,
UNDER EXISTING STATE OF FLORIDA CONTRACT
NOS. 250-040-99-1, 250-050-97-1, 973-561-99-1, AND
STATE NEGOTIATED AGREEMENT PRICE
SCHEDULES (SNAPS) CONTRACT NOS. 2501738-1
AND 2501937-1, $3,999,633; ALLOCATING FUNDS
FROM CAPITAL IMPROVEMENT PROJECTS AND
COPS MORE '98 GRANT SPECIAL REVENUE FUND.
43. DEFER APPOINTMENT TO BUDGET AND FINANCES
11/16/00
REVIEW COMMITTEE.
M-00-1018
151
44. APPOINT WILL JOHNSON AS MEMBER OF 11/16/00
COCONUT GROVE PARKING ADVISORY R-00-1019
COMMITTEE. 152
45. TABLE APPOINTMENTS TO HEALTH FACILITIES 11/16/00
AUTHORITY (See #52). TABLED
153
46. APPOINT OBDULIO PIEDRA AS MEMBER OF THE 11/16/00
LATIN QUARTER REVIEW BOARD. R-00-1020
154-155
47. APPOINT LUIS SABINES AND JESUS MORALES AS 11/16/00
MEMBER OF LITTLE HAVANA FESTIVAL R-00-1021
COMMITTEE. M-00-1021.1
156-157
48. APPOINT BERNICE SAWYER AS MEMBER OF 11/16/00
MIAMI STREET CODESIGNATION REVIEW R-00-1022
COMMITTEE. 158
49. APPOINT RON CORDON AS MEMBER PROPERTY 11/16/00
AND ASSET REVIEW COMMITTEE. R-00-1023
159
50. APPOINT ROSA GREEN AS MEMBERS OF 11/16/00
OVERTOWN ADVISORY BOARD. R-00-1024
160
51. APPOINT TOMASINA WILLIAMS AS MEMBER OF 11/16/00
CHARTER REVIEW AND REFORM COMMITTEE. R-00-1025
161
52. APPOINT DEANA PONZO AS MEMBER OF 11/16/00
HEALTH FACILITIES AUTHORITY (See #45). R-00-1026
162-163
53. DISCUSSION CONCERNING FINANCIAL UPDATE 11/16/00
AND BUDGET OUTLOOK; COMMENTS ON DISCUSSION
PARKING SURCHARGE. 164-169
54. COMMISSIONER REGALADO SUGGESTS THAT 11/16/00
CHARTER REVIEW COMMITTEE SHOULD DISCUSSION
DELIBERATE WHETHER OR NOT ANY FUTURE 170
ACTIONS SHOULD BE TAKEN REGARDING TWO
PROPOSED CHARTER AMENDMENTS RELATING
TO THE DEPARTMENT OF OFF-STREET PARKING
[DOSP]: (1) AUTHORIZING ASSETS TRANSFER AND
OPERATION, MANAGEMENT AND CONTROL
CHANGE OF DEPARTMENT OF OFF-STREET
PARKING; AND (2) CHANGE COMPOSITION OF
OFF-STREET PARKING BOARD FROM FIVE TO
SEVEN MEMBERS.
55. DISCUSSION CONCERNING EXPENDITURES AND 11/16/00
ORGANIZING COMMITTEE FOR HEMISPHERIC DISCUSSION
CONFERENCE OF CHIEF OF POLICE. 171-173
56. AUTHORIZE CITY TO BE CO -APPLICANT TO 11/16/00
FLORIDA SUBMERGED LANDS LEASE R-00-1027
APPLICATION SUBMITTED BY SWIRE PACIFIC 174-186
HOLDINGS, INC. FOR LEASING OF
APPROXIMATELY 204,861 SQUARE FEET OF
SUBMERGED LANDS (MARINA AT CLAUGHTON
ISLAND).
! 0
57.
CONTINUE CONSIDERATION OF APPEAL OF
11/16/00
HISTORIC AND ENVIRONMENTAL PRESERVATION
M-00-1028
BOARD DECISION WHICH APPROVED
187-188
CERTIFICATE OF APPROVAL FOR REMOVAL AND
RELOCATION OF TREES FOR INSTALLATION OF
PLAYING BALL FIELDS FOR PROPERTY AT 2015
SOUTH BAYSHORE DRIVE [RANSOM
EVERGLADES SCHOOL].
58.
CONTINUE CONSIDERATION OF PROPOSED
11/16/00
ACCEPTANCE OF PLAT ENTITLED MOLINARI
M-00-1029
PARK.
189-190
59.
DENY REQUEST FROM ARGENTINIAN CONST.
11/16/00
GRP., LLC AND ESTATES OF ELVIRA POLLAK TO
M-00-1030
CLOSE PUBLIC RIGHTS -OF -WAY AT S.W. 18TI
191-210
ROAD BETWEEN S.W. 1IT AVENUE AND I-95 AND
S.W. 2ID AVENUE BETWEEN EASTERLY SIDE OF
PROPOSED PLAT OF MOLINARI PARK AND
INTERSTATE I-95.
60.
APPROVE MAJOR USE SPECIAL PERMIT FOR
11/16/00
BLUE LAGOON AIRPORT APARTMENTS
R-00-1031
PROJECT TO ALLOW DEVELOPMENT OF 602
211-216
RESIDENTIAL UNITS WITH ACCESSORY
RECREATIONAL USES AND 1,004 PARKING
SPACES FOR PROPERTY LOCATED AT 4909 NW
8TH STREET (Applicant(s): J. Milton and Associates).
61.
TABLED: CONSIDERATION OF PROPOSED
11/16/00
CLOSURE OF 538 FEET OF PUBLIC RIGHT-OF-WAY
TABLED
LOCATED NORTH OF S.E. 15 ROAD RUNNING
217
PARALLEL AND BETWEEN SOUTH MIAMI AVENUE
AND BRICKELL AVENUE (See #71).
62.
APPROVE SUBSTANTIAL MODIFICATION TO
11/16/00
PARROT JUNGLE AND GARDENS AT WATSON
R-00-1032
ISLAND MAJOR USE SPECIAL PERMIT,
218-219
LOCATED AT 901 MACARTHUR CAUSEWAY TO
ALLOW SERIES OF MODIFICATIONS TO
ORIGINALLY APPROVED PLANS. (Applicant(s):
City of Miami Planning and Zoning Department and Dr.
Bern Levine of Parrot Jungle and Gardens).
9 i
63. FIRST READING ORDINANCE: AMEND
ORDINANCE 10544, CITY'S COMPREHENSIVE
NEIGHBORHOOD PLAN, BY CHANGING LAND
USE DESIGNATION FOR PROPERTY LOCATED
AT 5932 NE 2ND AVENUE FROM "MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL" TO
"RESTRICTED COMMERCIAL". (Applicant(s):
Christian T. Neptune).
64. FIRST READING ORDINANCE: CHANGE OF
ZONING AS LISTED IN ORDINANCE 11000,
CITY'S ZONING ORDINANCE, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, FROM R-3 MULTIFAMILY
MEDIUM DENSITY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL FOR PROPERTY
LOCATED AT 5932 NE 2ND AVENUE (Applicant(s):
Christian T. Neptune).
65. FIRST READING ORDINANCE: AMEND
ORDINANCE 11000, CITY'S ZONING ORDINANCE,
BY AMENDING ARTICLES 4, 9 AND 25 TO
MODIFY LIMITATIONS AND REQUIREMENTS
FOR COMMUNITY BASED RESIDENTIAL
FACILITIES. (Applicant(s): City of Miami Planning and
Zoning Department).
66. FIRST READING ORDINANCE: AMEND
ORDINANCE 11000, CITY'S ZONING ORDINANCE,
BY AMENDING ARTICLE 9, SECTION 916 TO
MODIFY PROVISIONS RELATED TO INTERIM
PARKING. (Applicant(s): City of Miami Planning and
Zoning Department).
67. FIRST READING ORDINANCE: AMEND
ORDINANCE 11000, CITY'S ZONING ORDINANCE,
BY AMENDING ARTICLE 9, SECTION 910 TO
MODIFY PROVISIONS RELATED TO
COVENANTS IN LIEU OF UNITY OF TITLE
AGREEMENT TO ALLOW FOR ACCEPTANCE IN
R-4 ZONING DISTRICT. (Applicant(s): City of Miami
Planning and Zoning Department.
11/16/00
FIRST READING
ORDINANCE
220-221
11/16/00
FIRST READING
ORDINANCE
222
11/16/00
FIRST READING
ORDINANCE
223-225
11/16/00
FIRST READING
ORDINANCE
226-229
11/16/00
FIRST READING
ORDINANCE
230-231
68.
FIRST READING ORDINANCE: AMEND CHAPTER
11/16/00
62/ARTICLE V OF CITY CODE ENTITLED
FIRST READING
"ZONING AND PLANNING/APPOINTMENT OF
ORDINANCE
MEMBERS AND ALTERNATE MEMBERS OF
232-233
PLANNING ADVISORY BOARD AND ZONING
BOARD", TO AMEND PROVISIONS RELATED TO
COURTESY NOTICE FOR CONDOMINIUM
ASSOCIATIONS (Applicant(s): City of Miami Planning
and Zoning Department).
69.
SECOND READING ORDINANCE: AMEND
11/16/00
ORDINANCE 10544, CITY'S COMPREHENSIVE
ORDINANCE
NEIGHBORHOOD PLAN, BY CHANGING LAND
NO. 11997
USE DESIGNATION FOR PROPERTY LOCATED
234-241
AT 2500 BRICKELL AVENUE FROM "SINGLE
FAMILY RESIDENTIAL" AND "MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL" TO
"HIGH DENSITY MULTIFAMILY RESIDENTIAL".
(Applicant(s): Charles Leemon, III and Linda Leemon).
70.
DEFER CONSIDERATION OF PROPOSED ZONING
11/16/00
CHANGE AT 2500 BRICKELL AVENUE FROM R-I
M-00-1033
SINGLE FAMILY RESIDENTIAL AND R-3
242-243
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
TO R-4 MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL.
71.
DEFER CONSIDERATION OF PROPOSED CLOSURE
11/16/00
OF 538 FEET OF PUBLIC RIGHT-OF-WAY LOCATED
M-00-1034
NORTH OF S.E. 15TH ROAD RUNNING PARALLEL
244-250
AND BETWEEN SOUTH MIAMI AVENUE AND
BRICKELL AVENUE (See #61).
72.
DEFER CONSIDERATION OF PROPOSED CLOSURE
11/16/00
OF 337 FEET OF PUBLIC RIGHT-OF-WAY LOCATED
M-00-1035
NORTH OF S.E. 15TH ROAD RUNNING PARALLEL
251-253
AND BETWEEN SOUTH MIAMI AVENUE AND
BRICKELL AVENUE.
•
73. APPROVE MAJOR USE SPECIAL PERMIT FOR
PARK PLACE AT BRICKELL PROJECT TO
ALLOW DEVELOPMENT OF 918 RESIDENTIAL
UNITS WITH 1,374 PARKING SPACES AND 22,823
SQUARE FEET OF RETAIL FOR PROPERTY
LOCATED AT 1450 BRICKELL AVENUE.
(Applicant(s): Park Place, LLC, Contract Purchaser, and
Brickell Investment Realty, Corp., Owner).
74. MANAGER TO SUPPORT EFFORTS OF DEVELOPER
OF PARK PLACE AND ROADS NEIGHBORHOOD
RESIDENTS IN CONNECTION WITH DEVELOPER'S
PETITIONING OF MIAMI-DADE COUNTY TO
PROVIDE NEEDED INFRASTRUCTURE
IMPROVEMENTS TO ROAD'S AREA (MEDIAN ON
SOUTH MIAMI AVENUE BETWEEN 15TH ROAD AND
13TH ROAD AND "NO LEFT TURN" CURBS AT
INTERSECTIONS OF SOUTH BOUND MIAMI
AVENUE AND 15TH ROAD AND SOUTH BOUND S.W.
,IT AVENUE AND 15TH ROAD).
75. REPROGRAM $750,000 OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
PREVIOUSLY ALLOCATED TO DOWNTOWN
DEVELOPMENT AUTHORITY AND
TRANSFERRING SAID REPROGRAMMED FUNDS,
$750,000, TO SUPPORT CAPITAL IMPROVEMENT
PROJECTS AS PRIORITIZED BY CITY MANAGER OR
DESIGNEE. (See #19)
11/16/00
R-00-1036
254-256
11/16/00
M-00-1037
257-258
11/16/00
R-00-103 8
259-262
76. APPOINT REVEREND G. LEROY LLOYD, III AS 11/16/00
MEMBER OF OVERTOWN ADVISORY BOARD. M-00-1039
263
77. EMERGENCY ORDINANCE: AMEND SECTION 2- 11/16/00
892, AND CREATING NEW DIVISION 4 IN ORDINANCE
CHAPTER 53 CONTAINING SECTIONS 53-121 NO.11998
THROUGH 53-128 OF CITY CODE TO DELETE 264-266
ALL REFERENCES TO BOBBY MADURO
STADIUM CONTAINED IN SECTIONS 2-358, 53-1,
53-26, 53-86, AND 53-121 AND ESTABLISH
ORANGE BOWL ADVISORY BOARD; RESCIND
RESOLUTION NO. 99-802. (See #81).
0 •
78. MANAGER TO DEVELOP PILOT PROJECT IN 11/16/00
MODEL CITY SCATTERED SITE AFFORDABLE R-00-1040
HOMEOWNERSHIP DEVELOPMENT PROGRAM 267-268
AREA TO CREATE COMMUNITY
NEIGHBORHOOD PARK, WITH SUBSTANTIAL
PARKING INFRASTRUCTURE, TO BE
MAINTAINED BY COMMUNITY AT NO COST TO
CITY, BETWEEN NORTHWEST 57TH AND 59TIl
STREETS ALONG NORTHWEST 17TH AVENUE
CORRIDOR.
79. MANAGER TO STUDY FEASIBILITY AND 11/16/00
IDENTIFY FUNDS, $95,000, FOR LAND R-00-1041
ACQUISITION IN CONNECTION WITH 269-271
CENTENNIAL TOWER HOUSING DEVELOPMENT
TO BE DEVELOPED BY JUBILEE COMMUNITY
DEVELOPMENT CORPORATION IN
PARTNERSHIP WITH URBAN LEAGUE IN
OVERTOWN COMMUNITY AT NORTHWEST 13TH
STREET AND 8TH COURT TO PROVIDE
SUBSIDIZED HOUSING FOR VERY LOW INCOME
ELDERLY.
80. EMERGENCY ORDINANCE: AMEND ORDINANCE 11/16/00
NO. 11742 TO INCLUDE SUNSET PROVISION AS ORDINANCE
PERTAINS TO STEERING COMMITTEE OF NO.11999
COMMUNITY RELATIONS BOARD AND 272-274
ADMINISTRATION TO PREPARE MONTHLY
STATUS REPORT OF ACTIONS TAKEN BY
COMMUNITY RELATIONS BOARD AND
ADMINISTRATION TO PROVIDE BUSINESS
CARDS FOR MEMBERS OF COMMUNITY
RELATIONS BOARD.
81. APPOINT PAUL DEE, LARRY PIERRE, DOUGLAS 11/16/00
GREIST, ARTHUR HERTZ, STEVE MARIN, LEWIS R-00-1042
FREEMAN, ADOLFO HENRIQUEZ, AL DOTSON, M-00-1042.1
BUTCH DAVIS, SAM BURSTYN, RODOLFO M-00-1043
CAMPS AND MARITZA GUTIERREZ AS 275-278
MEMBERS OF ORANGE BOWL ADVISORY
BOARD. (See #77).
82. EXTEND TO MARCH 31, 2001, DATE FOR WHICH 11/16/00
REPORT BY BICENTENNIAL PARK/FEC SLIP R-00-1044
WATERFRONT RENEWAL PROCESS AND REPORT 279-280
BY CITY MANAGER FOR FLORIDA EAST COAST
RAILWAY (FEC) CORRIDOR REVITALIZATION
PROJECT MUST BE PRESENTED TO CITY
COMMISSION.
83. FIRST READING ORDINANCE: AMEND CHAPTER 11/16/00
37 OF CITY CODE ENTITLED "OFFENSES- FIRST READING
MISCELLANEOUS" BY ADDING NEW SECTION ORDINANCE
37-6, TO MAKE IT UNLAWFUL FOR A PERSON TO 281-282
AGGRESSIVELY PANHANDLE.
84. APPOINT ANITA MCGRUDER AS MEMBER OF 11/16/00
COMMISSION ON STATUS OF WOMEN. R-00-1045
283
85. MANAGER TO DRAFT RESOLUTION EXPLAINING 11/16/00
TO IMMIGRATION AND NATURALIZATION DISCUSSION
SERVICES (INS) THAT MIAMI IS ONE OF MANY 284-286
PASSPORT ACCEPTANCE FACILITIES
AUTHORIZED TO PROVIDE PASSPORT SERVICES
DURING NATURALIZATION CEREMONIES AND
SHOULD NOT BE HARASSED FOR FLYER
DISTRIBUTION.
86. COMMENTS BY COMMISSIONER REGALADO 11/16/00
REGARDING MAYOR'S TWO SERGEANT AT ARMS. DISCUSSION
287
87. COMMENTS FOR STATE DEPARTMENT OF 11/16/00
AGRICULTURE CANKER LAWSUIT TO BE DISCUSSION
DISCUSSED AT DECEMBER 14 COMMISSION 288-289
MEETING.
•
E
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 161h day of November 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 9:12 a.m. by Presiding Officer/Commissioner Wifredo Gort
with the following members of the Commission found to be present:
Commissioner Wifredo Gort (District 1)
Commissioner Johnny L. Winton (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado (District 4)
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
1 11/16/00
•
1. (A) ATTORNEY -CLIENT SESSION -- DONALD H. WARSHAW V. CITY OF MIAMI.
(B) ANNOUNCEMENT BY COMMISSIONER TEELE REGARDING PRESENTATION TO
LITTLE HAITI CITIZENS POLICE PATROL GROUP.
Vice Chairman Gort: It's 9:12. We're going to go to the --
Alejandro Vilarello (City Attorney): Yes, sir. You should call the meeting to order, and then once you do
that, go ahead and make the announcement for the special session.
Vice Chairman Gort: Good morning, everyone, and welcome to another meeting of the City of Miami
City Commission. At this time, we're going to go in the next room to have a special meeting. You want
to call the --?
Mr. Vilarello: Members of the Commission and the public, pursuant to Florida law, the City Commission
is going into a private, closed to the public session to discuss the case of Donald Warshaw versus the City
of Miami, under Case Number 00-11244, to which the City is currently a party. The closed -door session
will begin at approximately 9 o'clock -- 9:13, at this time -- and conclude in, approximately one half an
hour. The session will be attended by the members of the City Commission, Wifredo Gort, Joe Sanchez,
Tomas Regalado, Arthur Teele, and Johnny Winton; the City Manager, Carlos Gimenez; and counsel for
the City, Nina Brown and Joseph Hatchett from the law firm of Akerman Senterfitt. A. certified court
reporter will be present to ensure the session is fully transcribed, and said transcript will be made public
upon the conclusion of the above -cited and ongoing litigation. Mr. Chairman, you may proceed -- I
believe you're using Commissioner Gort's conference room -- to the private session.
Commissioner Teele: Commissioner Gort, Mr. Chairman, let me just advise these fine men and women
here from Citizens on Patrol. As soon as we come back, we'll get to you, but we've got to go into a
closed meeting. And I just wanted to explain that. It'll be about 15 to 20 minutes. So, Chief Martinez,
we really appreciate you all being here. I thought it was scheduled for 9:30, but in typical police tradition,
you're always a step ahead of the rest of us. Thank you:
Vice Chairman Gort: This is like in the Army. Hurry up and wait.
Commissioner Teele: Mr. Chairman, if I may also -- Mr. Chairman?.
Vice Chairman Gort: Yes.
Commissioner Teele: I just would like to take a moment, because these are some of our finest citizens in
Little Haiti, to let you be a part of history. That handsome young man there, African -American is the
former Chief Justice of the Florida Supreme court, and one of the Federal Court Judges, and then went to
Atlanta to the Eleventh Circuit Court of Appeals. That's Justice Joe Hatchett, who also has litigated
against those persons trying to end affirmative action in the State of Florida. Let's give Justice Hatchett a
big hand.
(APPLAUSE)
2 11/16/00
Note for the Record: At 9:15 a.m., the City Commission, the City Manager and counsel for the City
of Miami retired to the conference room of Commissioner Gort in order to hold a private
attorney/client session in the matter of Donald H. Warshaw versus the City of Miami, after which,
the City Commission reconvened in the City Hall Chamber at 9:54 a.m., with all members of the
City Commission found to be present.
Vice Chairman Gort: Will you do the invocation? Teele, will you do the pledge? Teele, pledge. At this
time, we're going to ask Martin Anorga, please, to do the invocation, and Commissioner Teele, you do the
pledge.
Note for the Record: An invocation was delivered by Reverend Martin Anorga, after which,
Commissioner Teele then led those present in a pledge of allegiance to the flag...
Vice Chairman Gort: Now we have some commendations. Commissioner Teele, you have some
proclamations?
Mr. Vilarello: Mr. Chairman, Mr. Chairman, just for the record, let's announce the end of the closed door
session in the matter of Donald Warshaw versus the City of Miami.
Vice Chairman Gort: OK. Do we need a motion?
Mr. Vilarello: No.
Vice Chairman Gort: OK.
3 11/16/00
•
2. PRESENTATIONS AND PROCLAMATIONS
PROCLAMATION: LITTLE HAITI CITIZENS ON PATROL DAY -- CERTIFICATES OF
APPRECIATION TO INDIVIDUALS WHO ASSISTED POLICE IN CRIME FIGHTING EFFORTS:
FRED ST. AMAND, JOSEPH TOUSSANT AND MARK JEUDY.
ACCEPT $500 CHECK DONATION FROM BERNARD WOLFSON FROM HAMPTON INN
HOTEL TO BENEFIT CITY' S PARKS DEPARTMENT.
COMMENDATIONS TO POLICE OFFICERS: LT. DAN WATKINS, SGT. PLACIDO DIAZ,
OFC. LUIS CABRERA, OFC. JESSE HENRIQUEZ, OFC. RICARDO AMARO, OFC. LARRY
HAGAN, OFC. FREDY PONCE, OFC. MAURICE AUSTIN, OFC. CLIFF TOWNSEND, OFC. PABLO
CAMACHO.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Mr. Chairman, if Chief Martinez would come to the podium. Mr. Chairman, as you
know, during the budget hearing, one of the issues that we talk about a lot is the Police Department,
because the Police budget is the largest budget in the City of Miami. As we look for ways to reduce the
burden on taxpayers and to make our Police Department more efficient, I raised the question about the
Citizens on Patrol, and how active that program is, and what successes are we having or not having. I
specifically asked Chief Martinez to identify for us of the Citizens Patrol Programs Citywide, what is the
most effective Citizens on Patrol Program that we have. And Chief Martinez replied.
Raul Martinez (Chief of Police): Raul Martinez, Chief of Police. Our most active, most effective -- I
mean, they're all effective -- but the one that has proven tremendous success is the Little Haiti Citizens on
Patrol.
(APPLAUSE)
Commissioner Teele: And so, Mr. Chairman, we ask if the Citizens on Patrol would be available to come
to our first Commission meeting in November. I know. that they have. I would like to ask the chairman of
the Citizens on Patrol, Mr. Fred St. Amand, if he would just come forward very briefly, take the mike and
maybe make it very brief. And I would like to present the proclamation on behalf of our Mayor and
Commission, as well as ask the Citizens on Patrol after Mr. St. Amand has finished to join us, perhaps
come on up here and take a photo as we present the proclamation and the certificates of appreciation to the
chairman and the two assistant captains of our -- group captains of the Citizens on Patrol. Mr. Fred St.
Amand is a distinguished businessman in the Little Haiti area, and is the chairperson of the Citizens on
Patrol in Little Haiti. Mr. St. Amand, it's a pleasure to have you here today.
Fred St. Amand: Thank you. very much. Commissioner Teele, distinguished members of the Commission
and ladies and gentlemen, good morning. Chief of Police, thank you. It's a pleasure to be here this
morning. Commissioner Teele, you know, as you know, it's a record. I give a lot of credit to those
volunteers, those guys who sacrifice themselves, using their own resources for the past years to make sure
our community is safe and sound. But now, we have reached a point, and we thank God, with this
administration, really, really cares. And I have challenged the Chief, and he has answered me. He has
said, "Fred, you challenged me. I challenge you." One thing that I can guarantee you. We're going to
work not only in Little Haiti, but we're going to work with all the other Citizens on Patrol chairpersons,
using our experiences and everything else to make sure not only Little Haiti is safe, but the entire City of
4 11/16/00.
Miami, because it's a fact, the Police Department alone just cannot do the job. And we have the
intelligence to help them with, we have the manpower. All we're asking you is to give us the resources.
What we need right now, we need automobiles, we need everything else. You know, as I present to the
Chief, who has answered, and we have been very patient, and I really thank Commissioner Teele for
taking that, really, as a priority. So I'm not going to be long. And again, from the bottom of my heart, I
am proud to be the chairperson of this fantastic group. And again, I thank you.
(APPLAUSE)
Commissioner Teele: Mr. Chairman, before we ask the members to come forward, I would like to
confirm or put on the record that Mr. Georges, who is a member of the Citizens on Patrol, was involved in
a particular act of citizenship. Is that a statement that we can confirm?
Mr. St. Amand: Yes, if I don't (unintelligible).
Commissioner Teele: Is Mr. Georges here?
Mr. St. Amand: Yes, yes. He is here.
Commissioner Teele: Would you just stand for a moment. Yes, sir. Thank you.
Mr. St. Amand: And again, using our intelligence, we have been responsible as far as helping the Miami
Police Department solving a lot of crimes, because in our community, we know the good guys, we know
the bad guys, and whenever the police need help, we are there. And he was responsible for solving a
particular crime.
Chief Martinez: And Commissioner, if I may. Mr. Georges. was a key. As we all remember, in
downtown on October 30th, there was a distraught father that shot his daughter as she was leaving Miami -
Dade Community College. One of our officers got involved in a shootout with the individual. The
individual fled the scene, and a perimeter was set, but he escaped the area of our perimeter. Later on, this
individual attempted to commit suicide by drinking some Clorox or Liquid. Plumber. And he was spotted
in the area of Miami Avenue and 68th Street, being transported to a local hospital. Mr. Georges and some
of the other members of Citizens on Patrol recognized, seeing the picture on TV. being our eyes and ears,
did exactly what we asked them to do, to recognize and report, waved down a patrol unit and told them, "I
think the guy you're looking for was just taken to one of the local hospitals." We checked with Fire
Rescue. We went to North Shore, and there we were able to arrest the individual for, you know, attempted
first -degree murder. So we thank Mr. Georges.
(APPLAUSE)
Commissioner Teele: Mr. St. Amand, if you and Captains Mark and Joseph Toussaint would join us,
along with our -- Mr. Georges, if you all would just come on around here and join us up here. And then if
all of the members of the Little Haiti Citizens on Patrol would just come on up now and join us for this
proclamation, which we will read into the record. Come on, gentlemen and ladies. Please join us. While
they're coming up, Mr. Chairman, I do want to apologize. Mr. Chairman? Let me begin to read the
proclamation. Whereas the City of Miami Police Department recognizes the need for community
5 11/16/00
® 0
involvement in the prevention of crime; and whereas the primary purpose of the Citizens on Patrol
Program is to provide a coordinated approach to crime fighting through active citizen involvement; and
whereas the program, through the program, residents are enlisted, trained and equipped to patrol their
neighborhoods, acting as the eyes and ears of our City Police Department; and whereas the Little Haiti
Citizens on Patrol Program is one of the most active groups in the City of Miami; and whereas the actions
taken by the participants of the Little Haiti Citizens on Patrol are appreciated by both the law enforcement
personnel they assist and the community they serve, now therefore, I, Joe Carollo, as Mayor of the City,
do hereby proclaim Thursday, November 16, 2000 as Little Haiti Citizens on Patrol Day. And in
observance thereof, we call the residents of the City to join in saluting these outstanding men and women.
Let's give them one more hand.
(APPLAUSE)
Commissioner Teele: Mr. Chairman, thank you. We're going to also present certificates of appreciation
to Mr. St. Amand, the Assistant Captain Mark Edner [Jeudy] and the Assistant Captain, Group Captain
Joseph Toussaint. And each member of the Citizens of Patrol, we have a special letter of appreciation to
you, which Mr. St. Amand has, individually for you and your family. Mr. St. Amand, does that conclude
it, or is there anything else?
Mr. St. Amand: Yes. I would like to say something. As you know, we couldn't get the job done without
the help of the officers on the beat. And I can say that the officers have been very cooperative. They have
helped us. They are our backbone. When we get in trouble, we have nobody else to call but them, so we
want to say to them, thank you. You're helping us; we're helping you. But one particular officer that I
really want to say publicly which has worked with us in the past, and we have a good track record, I think
two of them. One is no longer in our area, Officer Lorenzo, but we have Officer Pierre Alsee (phonetic).
If you would stand up, Officer Alsee. We'll make sure the Chief knows the kind of job you've been doing
with us. All right? And thank you so much.
Commissioner Teele: Mr. Chairman, thank you so much. And I want to express my apologies to the
members of the downtown community that we said to be here, I guess, at 9:30, and I know they've been
waiting. And I think they can see the interaction between the Little Haiti Citizens on Patrol in just the
incident that happened very recently in downtown. We really are one community. Thank you, Mr.
Chairman, for your patience.
Vice Chairman Gort: I can assure you the individuals and the people from downtown understand the need
of the neighborhoods and how we have to bring them all up at the same time. Before we go on, I had the
opportunity last week to go to the opening of the Hampton Inn in my district, on 57th Avenue and
Northwest 7tn Street, which was one of the few developments that have taken place on that side of town,
especially within my district. And at this time when I -- not only did I have the pleasure of cutting the
ribbon for the new hotel, which is a beautiful facility next to the airport, but the family of Howard
Wolfson and Bernard Wolfson, who's the owners of this property were also willing to give a check of five
hundred dollars ($500). I almost made a mistake. I almost said five hundred thousand. Five hundred
dollars ($500) to the Parks Department. So could you come up so we can accept the check? Five hundred
dollars ($500) for Parks Department. My understanding is this is to go to the Parks Department. Correct?
Commissioner Winton: Not the general fund.
6 11/16/00
Bernard Wolfson: Hello? Yeah. Commissioners, this is just a small token of our appreciation of being
part of the Miami community. We opened our first Hampton Inn right here in Coconut Grove on 271h
Avenue five years ago. And last week, as Commissioner said, we opened our second Miami hotel near the
airport on 57th Avenue and 71h Street. So we're proud to be part of Miami. And Miami has done a lot for
us. And we've worked well with the City. We want to show our appreciation. So we're making this
donation to the City of Miami Parks and Recreation Department. Thank you again. Thank you for your
help.
(APPLAUSE)
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: Yes. I think, as everyone knows, this Commission has had an intense focus on
neighborhood revitalization. That's also been a major commitment that I've made as a City
Commissioner. And in that regard, I want to recognize the Coconut Grove problem -solving team. So if
you guys would all come up right now. The Coconut Grove problem -solving team has really been --
When you do neighborhood revitalization, there's a number of things that you have to do. The first thing
you have to do is you have to run out the bad guys. And there's two kinds of bad guys, as you all have
heard me say many times. One group of bad guys is the criminal bad guys. And the other that I've
always referred to as the civil bad guys are typically absentee landlords who don't take care of their
property, don't care what kind of tenants they have, don't care what kind of maintenance they do, and
they're the other blight on the neighborhood. Our problem -solving team in West Grove has helped in both
regards. They have done a tremendous job at chasing, literally, the bad guys out of the West Grove, and
we're very, very appreciative of that. And in addition to that, last week, this unit took up a real cleanup
effort, which is beyond its usual scope of work. They worked with the Department of Solid Waste to
remove tons of debris that was built up over on the islands, right outside of Dinner Key here. Actually, we
found a lot of things over there. There's a -- I was over there that weekend, and the weather was beautiful,
and there's a nice canopy on that island, .and you could walk through that canopy in short sleeves, and it
was just beautiful. And a few people have decided that that's a good place for them to live. So we're
helping find them better accommodations than --
Vice Chairman Gort: Cheap waterfront property.
Commissioner Winton: Yeah, cheap waterfront property. So on with the commendations.
Commendation, City of Miami, Florida. And they're all the same, so I'll read only one, and then hand
them out to each of the officers. Whereas in recognition of your participation as a member of the West
Grove problem -solving unit, wherein you and your fellow officers average 100 arrests per month, have
documented and provided over 500 photographs of known . drug dealers, arrested three cat burglars,
leading to a burglary rate drop of 75 percent, submitted three buildings to the Nuisance Abatement Board
as work as a part of the DEA (Drug Enforcement Agency), and U.S. Attorney's Office Operation Coco
Rock I and II -- which, by the way, put something in the neighborhood of 60 known criminals in the West
Grove in jail at least a month, maybe six weeks ago, none of whom are back on the streets as of this day --
and closed three corner stores that were known to be dealing in stolen merchandise and criminal activity,
therefore, the City of Miami Commission commends you. Therefore, 1, Joe Carollo, Mayor of the City of
Miami, Florida, on behalf of the City Commission and our citizens, do hereby commend -- and I will read
7 11/16/00
the names -- Lieutenant Dan Watkins, Sergeant Placido Diaz, Officer Luis Cabrera, Officer Jesse
Henriquez, Officer Ricardo Amaro.
Vice Chairman Gort: He's doing the "R's" and everything.
Commissioner Winton: They're trying to embarrass me up here.
Vice Chairman Gort: We're proud of you and everything.
Commissioner Winton: Officer Larry Hagan, Officer Fredy Ponce, Officer Maurice Austin, Officer Cliff
Townsend, and finally, Officer Pablo Camacho.
(APPLAUSE)
Commissioner Winton: These guys really have made, really and truly have made a significant difference
in that neighborhood, and you are all to be commended. We really appreciate the effort. We've made
round one. Let's make sure that nothing gets back into that community, and we all can look back two
years from now and say, we have turned a community that had its fair share of problems into a very
prosperous neighborhood in the City of Miami. Thank you.
8 11/16/00
3 . (A) SUPPORT FOR FLAGLER MARKETPLACE PROJECT; MANAGER TO WORK WITH
DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO DEVELOP FUNDING PLAN FOR
SAME AND IMPLEMENT INCENTIVES FOR DEVELOPMENT CITYWIDE.
(B) MANAGER AND CITY ATTORNEY TO EXPLORE PRACTICALITY OF LIMITED TAX
INCREMENT FINANCING DISTRICT FOR DOWNTOWN BUSINESS CORRIDOR, IN
CONJUNCTION WITH OR APART FROM A LIMITED TAX INCREMENT FINANCING
DISTRICT FOR MIAMI RIVER DREDGING PROJECT.
Vice Chairman Gort: OK. Now, back on the regular agenda. The first order of business is a request that
we had, a presentation from Downtown Development Authority. And I'd like to let you know that this
comes out of a workshop that we had about six months ago where the merchants and the members of the
Community Development Committee got together and came up with a master plan. And as you requested,
Commissioner Teele, for us to make a presentation here, we're in the middle of completing that plan. So
at this time, I would like to introduce Patty Allen. And here, we have some of the property owners, and
the merchants from downtown Miami that have also worked very hard on this. We have Josie Correa
from the DMP (Downtown Miami Partnerships), Rafael Kapustin, Jorge Perez, Sergio Rok, and these
individuals have given a lot of time in this plan. Thank you.
Patricia Allen (Director, Downtown Development Authority): OK. Good morning. My name is Patty
Allen. I'm the Director of the Downtown Development Authority. And as Commissioner Gort reiterated,
we've put together a board committee made up of downtown property owners that are on our board to
look at the Central Business District. There's some really relevant issues in the Central Business District.
There's been no office development in over 16 years in the Central Business District. The last building to
go up was the First Union Financial Center. That went up in 1984. There's no hotel development in the
Central Business District in over 18 years. The last one was the Hotel Intercontinental and the Hyatt
Regency in 1982. There's no residential development, ever, in the Central Business District. This is a
very important point. In all great cities, people live in their City. In downtown Miami, when Henry
Flagler and Alfred DuPont built the historical part of downtown Miami, all that was built was commercial
office towers. What we're trying to do is look at assemblages and look at situations where we can create
that residential development. The only thing that has been developed in the Central Business District right
now is affordable housing, historical rehab., like what the DDA (Downtown Development Authority) did
with the related companies, the Congress Building, and the Olympia Building, and what Rafael Kapustin
has done in the Metropole and the Colon. There's not enough retail product that supports the existing
market or meets the needs of the immediate area residents. There has to be a change in the retail product
offering in downtown Miami. Now, I want you to take a look at the property ownership, because this is
really significant as it relates to the Central Business District. Got to go back, Richard, one. This. OK.
Look at everything in purple. This is the Central Business District. Everything that you see in purple is
public land. OK? None of this land pays tax. So it's government institutions in the Central Business
District that pay no tax. They're typically Federal, State and County buildings that are there. It got
Empowerment Zone designation, but the zone didn't get funded, as everyone knows. And for years,
there's been a deteriorated infrastructure and streetscape in the Central Business District. These are the
development conditions right now. The central piece for the redevelopment of downtown is Flagler Street
Marketplace. What we need to do in downtown Miami is re -fix the infrastructure to start off with Flagler.
We retained some consultants that did Battery Park City and that had a lot to do with the redevelopment of
downtown Detroit. And the idea is to bring in Bayfront Park and create an address again on Flagler Street.
And the central piece of this is the first phase of an infrastructure piece called Flagler Street Marketplace.
9 11/16/00
Vice Chairman Gort: I want you to understand that Flagler Street Marketplace is something that began in
the planning I think over five or six years ago. And what made it very difficult, number one, is dealing
with all three jurisdictions, at the same time getting the funding to be able to do this project. Now, we
were able last year to finally get a signed contract, an agreement contract with the County, the City and the
State to go ahead and forward with the Flagler Street Marketplace. Now, most of all the consultants that
we've talked to, and architects and so on agree that Flagler Street should be the number one, it should be
the number one goal in putting it back together. Now, I want you to know also that we have gone to a lot
of conventions to attract investors to come down into downtown Miami. And one of the biggest problems
that we've had, all the development has taken place south and north of the Central Business District. The
biggest problem that we have when it comes to downtown is the infrastructure that exists in downtown
Miami. And that's the number one rule against it. They've built around everywhere else, north and south,
but not in the Central Business District, because they'd like to see a commitment from the City. I'm sorry,
Patty, go ahead.
Ms. Allen: OK. Next slide. What we're proposing to do and asking the administration's help on is to
create a capital improvement project. For instance, it could be something like a City Capital Improvement
CBD (Central Business District) Bond Series 2001, a 20-bond issue that would need about five million
dollars ($5,000,000) in debt service over a period of 20 years. And the revenue source could be the
downtown property owners, the Federal Government, the State, the County and the City. We need to
structure something to address that, because it's a huge piece. It's the centerpiece of Miami, and we need
to fix this -- Commissioner Gort said -- the infrastructure. We have -- if we have that in place, we are sure
that the development will follow, because the land is more valuable than the existing product right now
that is on top of it. These are some economic development incentives that the committee has worked on
along with the administration to then bring forward back in January. We need for the City to create a
district in the CBD for these incentives. We'd like to see an impact fee process for the administration to
create a staff that could reduce or modify impact fees on a case -per -case basis. It would be a City
administrative committee. We'd like to see zoning expediting for major use special permits, very similar
to what the Commission has done with the NAP (Network Area Point). It's been really fabulous
nationally, and everybody's realized that. To expedite building permits and to look at the possibility of
doing a permit fee payment deferral over three years. Another incentive that we looked at is a graduated
tax abatement, so that the City would retain the assessed value tax. I mean, that would stay constant. That
would never leave the City. But whatever new dollars we would come in with, with the development of
this, the development value would be frozen for five years and then gradually, the developer would pay on
the sixth year 20 percent, then 40 percent, then 60, then 80. OK? That would be an incentive that we
would like the City Administration to come back and help us do. Really, our request herein front of you
is to work with the administration, to come back to you in January, to take a look at the fiscal impacts of
this on the City, the new development that we could bring in, what it would really cost and then have, you
know, you enact some legislation for the Central Business District. That's our request.
Vice Chairman Gort: Thank you. At this time, but this is a conceptual plan that we're still working on.
The commitment that we need, the number one, phase one of this whole project is the Flagler Street
Marketplace, which we've been working for quite a bit. If you can show the slide back again of the cost
of the Flagler Street Marketplace, the funding and the different source of funding, and what is the need
from the City. Right now, the DDA is working very closely with the administration, with the Finance
Department, Planning Department to try to create what we are requesting here, and come back in January
10 11/16/00
with specific plans and specific numbers. At this time, as you can see, the shortfall to complete phase one,
which will be the Flagler Marketplace is around eight point two million dollars ($8.2 million). Right now,
we have been able to secure funds from the State, from the County and from the City contribution. Is
there any questions?
Commissioner Winton: The total project cost i what?
Vice Chairman Gort: Total project cost according -- and we have to come back with the specifics. To do
all the improvements, capital improvements that the City ignored for so many years is going to take you
anywhere from thirty to fifty million dollars ($50,000,000).
Commissioner Winton: No, on Flagler Market.
Vice Chairman Gort: On Flagler Marketplace, the total cost is thirteen million.
Commissioner Winton: Yeah. And that isn't -- and I think it is important to note that those dollars are not
just for Flagler Street. Those dollars also are being spent for improvements on Flagler Street and both
north and south First Streets. I almost said "Avenues." But it's for Flagler Street, First Street Northeast
and -- for north and First Street South, as well. So there's three, three major streets that are being
improved with this thirteen million dollar ($13,000,000) budget.
Vice Chairman Gort: I want the people to understand also, the property owners in downtown Miami
created the DDA by paying additional taxes they pay themselves. At the same time, when the County
needed the matching funds to do the Downtown Peoplemover, it was the downtown property owners that
came up with half the millage, I think it was, to pay for that additional fund, to create what we. have today,
the Downtown Shuttle. So those property owners have worked. Now they need our help, and I think we
need to work with them. Is there any questions?
Commissioner Sanchez: Mr. Chairman, if I may. I just got back from Chicago. I was up there on a
(unintelligible) trip. And let me tell you something about the city that really got me by guard to see that
they have had such great success, and I think the number one element to that success of Chicago is to
make it a true golden city that I consider is the residential impact that it has inside Chicago. They've been
able to -- as I was there, you could still see the massive development that going into downtown when it
comes to residential, because that's the key element to economical growth. At least I think it is, and a lot
of experts think, and I'm not an expert. But the downtown in the City of Miami, when we compare it to
major cities, we are so underdeveloped. And I'm sure that some people may disagree with me. We have
so much potential. And I don't think anyone will dispute the fact of the resources that are needed in the
City. And downtown is such a vital part of the City of Miami that we can't move forward such projects
that I think was needed many years ago. First of all, getting back to Chicago. They protected the
waterfront so, so greatly. I mean, if you look at the waterfront in Chicago from -- I was up at the Sears
Tower, and you could see that there is no development along the water. They really protected the water
there. They're striving with conferences. When I was there, there were so many conferences, so many
people. It had such a major impact to the city that, I mean, we just can't continue to drag out anymore,
because we'reso in need of the resources that downtown can provide. The other thing that I'm very glad
to see is the support from the owners that have property there that want to work with the City and want to
work together. I'm glad to see that the DDA has gotten together with the CRA (Community
11 11/16/00
Redevelopment Agency), and you're looking at the full plan of having the park involved, which we're
very excited over at the park to blend it in. Every major city has to have parks available, friendly open
parks that blend in with their downtown areas to really bring the people back in. So this is also very
important because it all falls in on the City of Miami Development Summit 2001, which will be taking
place here in Miami in April, and it's something that we could all work together on this. So I am 100
percent behind it. I do have some questions when it comes -- First of all, the one concern that I do have is
the fiscal impact that it's going to have on the City. We need to know that if we do provide the funding
that other parts of the City may not suffer from this impact basically, because we take part in taking care
of our districts, and I don't want any social programs or anything to be hurt on this. But I do think that we
need to focus on this. The other possibility is that I would like to ask is, is there any possibility of, you
know, bonding some of this out? Maybe the money could be brought in with whatever assistance, putting
an "X" amount of money in a pot and try to bond out, because in the long run, it's going to work. This is
going to work. I don't think there's a doubt here that this is not going to work. So that's an option that I'd
like the administration to look at. I am 100 percent in support of the administration sitting down with the
DDA and coming together with a great plan to start getting downtown where it should be, because right
now, it's really hurting. The other thing is -- and this is a question directed to the City Attorney -- is I
don't know if it's possible for the City to give tax abatement to private developers. I don't know. That's a
question that was brought to my attention. Mr. City Attorney, maybe you could answer that question for
me.
Alejandro Vilarello (City Attorney): Yes. Several. Commissioners have already asked that question with
regard to tax abatements. And the Florida Constitution authorizes tax abatements for new businesses and
expansions of existing businesses. However, in order to do that, you need to have a referendum
authorizing the City Commission to grant those exemptions. That authorization lasts for a period of ten
years, and the exemption can last -- for the individual businesses -- can last up to ten years.
Commissioner Winton: And that's as written in current statutes. In our legislative agenda, you will see
that there's an issue in our legislative agenda that is seeking to modify that State legislation that will allow
the approval of this very, very important economic development tool by a super majority of the
Commission as opposed to a public referendum.
Commissioner Sanchez: Well, I'm in support 100 percent, you know, when the time is to make the
motion.
Vice Chairman Gort: What I would need today, and I think the property owners and the people that are
here from downtown need today is the commitment for the balance that we have for the Flagler Street
Marketplace, because that's the number one, the.phase one of the total project. Then like I stated before,
we need to come back in January with specific numbers. And we're going to be working very closely
with the Planning Department, with the City Manager and the Finance Department to make sure that we
can put all the finances together.
Commissioner Sanchez: Willy, I would like to present a motion directing the City Manager to sit down
with the DDA and come together .on an agreeable plan, to come back to this Commission for support of
this Commission.
Commissioner Regalado: Mr. Chairman.
12 11/16/00
0 0
Vice Chairman Gort: Yes. Is there a second?
Commissioner Winton: Second.
Commissioner Teele: Second.
Vice Chairman Gort: Moved and seconded. Commissioner Regalado.
Commissioner Regalado: OK. For discussion. I would ask the maker of the motion to -- sort of a small
amendment in terms of the commitment of the City Commission to downtown Miami. We just saw that
Mr. Ray Goode's ideas, six million dollars ($6,000,000) for infrastructure of downtown and Brickell was
before the Oversight Board. And I think it's important that we all recognize that we can use that for
downtown Miami, but we have to go a little farther. And I think that the administration and the Mayor's
Office recognize that, because I'm looking here at the status of major development projects and initiatives
sent by the Manager. And on the last page, I think it is, it says: "One, Miami project recent activity,
discussion in progress with related company and Mayor's office related to incentives that may be offered
to developers." This is the Jorge Perez project, right? Is it not? Jorge Perez, the developer?
Carlos Gimenez (City Manager): Part of it is, yes.
Commissioner Regalado: OK. I think that that is a very important project. But those incentives cannot be
only for this project. It has to be considered for all of the projects in downtown Miami, and for that
matter, Citywide. Because we want downtown, whichis our machine to move forward, but Citywide.
But having said this, I think that we're on the right track. But I would rather amend your motion,
Commissioner Sanchez, in stating the commitment of the City Commission to fulfill the ideas that were
presented to us in terms of funding when those funds are available. So that would be something that I
think -- I mean, they have been very clear. They have at least explained to me what their plans are. And I
think that they need more than "come back to the City Commission." They need a commitment so they
can go to the developers outside of Miami and say,. well, you know, we do have the commitment of the
City Government for this and that. I was talking last Saturday to Emilio Estefan. And he went into the
business of restaurants in the American Airlines Arena fearing downtown. But now, he is very happy with
his success in Bongos in downtown Miami. But not only that, since he started with that, lie told me that
he has bought some property in downtown Miami. And knowing Emilio, which is a very humble person,
I'm telling you that that little property I think is a lot of property. So he has faith. And this is a person
that you can use, that we can use throughout the United States. I mean, this is a person that visits every
king and president in the world if he wants to. And he has faith in downtown. So we should go a little
step further and propose that we commit to the ideas, to the general ideas of this plan:
Commissioner Sanchez: Commissioner Regalado --
Vice Chairman Gort: What I really need today in your motion is.-- Phase one is the Flagler Marketplace.
That's what's going to connect the whole thing. That's phase one. Then the rest of the phases come in.
What we need right now to complete that is eight point two .million dollars ($8.2 million), because we
have secured the rest of the funding from other sources. So if you could make that part of your motion,
we'd really appreciate it.
13 11/16/00
Commissioner Sanchez: Accepted as part of my motion.
Vice Chairman Gort: OK. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor; state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 00-972
A MOTION OF SUPPORT FOR AND COMMITMENT TO THE
FLAGLER MARKETPLACE PROJECT; FURTHER DIRECTING THE
CITY MANAGER TO WORK WITH THE DOWNTOWN
DEVELOPMENT AUTHORITY (DDA) TO DEVELOP A FUNDING
PLAN FOR SAME; AND FURTHER DIRECTING THE MANAGER
TO.IMPLEMENT INCENTIVES FOR DEVELOPMENT CITYWIDE.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Vice Chairman Gort: Thank you all for being here, and appreciate it. We don't have any vetoes from the
Mayor's office.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: Before you leave the item, I think you correctly stated that I asked that this item be
placed on the agenda. And with all due deference to you, Mr. Chairman, I think it's only fair that I be at
least afforded an opportunity --
14 11/16/00
0 0
Vice Chairman Gort: Sorry. Go ahead.
Commissioner Teele: -- to give you the benefit of what I wanted and expect to see. I have no problems
with what's been presented, but this is not what I asked to be presented, nor what I'm interested in
discussing. I support the project 100 percent. But what I'm looking for in the context that I raised this
issue in the three budget hearings that I've been in, that we've been in, the same issue: What are we doing
for downtown Miami? The last budget hearing, which brought about this meeting, I said, I am not going
to sit here anymore and just gloss over this issue, because if we don't have a budget, and a budget process,
and a budget framework, we're just paying lip service. Now, I believe that the Marketplace Project is
great. I support it 100 percent. I'm for it. Let's all move on. But let's talk about what I want to talk
about, and that is we need to look, first of all, at defining what we're talking about. The motions, as they
have passed, quite candidly, in the context of the way the motion was presented and framed talks about
Brickell, it talks about Park West, it talks about Omni, because it talked about the DDA concept. My
interest is in the downtown business core, first and foremost. I'm not talking about the Flagler. The
Flagler project is strictly downtown. But in the context that our priority is. to the DDA, which is the way
the motion was framed, I want a motion, and I wanted this done not, here on the dais, but I want a
resolution that establishes that the downtown business core, that is from the Miami River to Sixth Street,
from the bay to 95 is our number one priority of the City of Miami. And unless and until -- unless and
until we focus in on this problem, we're just moving this thing around. That's number one, Mr. Chairman.
And there may not be three votes for that, because you've got a Brickell constituency, you've got a Park
West constituency, which I represent. But what I'm saying to you is very simple, Mr. Chairman. We
need to focus in, in my judgment, on the downtown core. Now, let me tell you why I say this. When I
talk to the various developers, and when you look at the tremendous success of what's happening on
Brickell with the most fabulous hotels, the Mandarin, the Four Seasons, the J.W. Marriott, those are three
new hotels being built. But when you look at downtown, the business core, we've not had a new hotel
being built there since the .`80s. Now, I'll say this publicly. I had not prepared to say this until December.
I am about 85 percent of the way through a process to do a -- to propose to the CRA Board to do a tender
for a new hotel in the CRA area. That is, in the Overtown/Park West area. And the reason that I wanted
to pull back is if we're not careful, by doing the tender for a hotel in Park West, which is from Sixth Street
North to 13th Street or 121h Street, to 395, we're going to again jump over downtown Miami. And what
I'm hoping we can do is put a funding mechanism together today or at least begin the process, not for a
project -- I'm for the project -- but for a funding mechanism that will fund the downtown business core
ahead of all other priorities. And in that regard, Commissioner Regalado talks about the needs for
incentives. I'm 100 percent for incentives. I've had debates with Commissioner Winton in the context of
some things we're doing in Overtown/Park West which I find very interesting and very helpful. But my
view is simply this: If a developer can go to West Palm Beach, or to Chicago, or to Charlotte, or to any
other major city in this country, we are in competition with those cities, like it or not. And each of those
cities is going to offer an incentive for major development. And I really do think that as a policy matter,
we should have and develop a funding source for incentives for major development. My definition of
major development is over fifty million dollars ($50,000,000) or over seventy-five million dollars
($75,000,000), or over a hundred million dollars ($100,000,000). I'm not talking about for every pizza
parlor, or every Subway, or every, for that matter, even residential conversion, because what you wind up
with is the "me -too -ism," which is what I've learned in Miami. Everybody wants -- you did it over there.
Do it over here for me. And I think we need to have some debate and discussion as to what a major
project would be. But my bottom line is simply this: We talked about tax abatements a little bit, which
15 11/16/00
I'm fine with. I would like to singularly request the Manager and the Attorney to determine the feasibility
-- Mr. Attorney, now I'm .talking to you. See, this is where we -- the feasibility of a limited tax increment
district as one option for downtown Miami. Now, look, we need to -- You know, the problem with the
Sunshine Law is we have to think out loud. The County wants a tax increment district for the Miami
River. Right? We all know that. I'm opposed to it. A number of the Commissioners are opposed to it.
Why? Because if we create a tax increment on the River, the city is going to put in two dollars ($2) for
every one dollar ($1) that the County puts in, but the County is going to run the district. Now, maybe we
can figure out a way to have a meeting of the minds, and maybe the Manager can sit down with the
County Manager and say, can we develop a tax -- We can't do it without the County, and the County
can't do it without us, on either case. Maybe we can look at a Miami River Tax Increment -- limited Tax
Increment District, and a Downtown Tax Increment District. And I will be in support of a Miami River
District to dredge, to get their matching funds for the dredging, which is what they're looking for. If we
can get a tax -- a limited tax increment district for downtown, as one example.. And so I'm -- I would like
to move, Mr. Chairman, that the Manager and the Attorney be instructed to explore the feasibility, jointly,
with the County, to determine the feasibility of a limited tax increment district for downtown Miami in
conjunction with, separate and opposed, or apart of, or in any configuration with the so-called Miami
River Tax Increment District as a way of looking at a long-term funding source for the downtown business
core. I would so move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: There's a motion and a second. Under discussion. Commissioner Teele, a year
ago, when the DDA got together, the board of directors, and we discussed the needs of the downtown
area, all of the members of the board approved and moved that for the next years, all the concentration of
the DDA should be in the Central Business District. The people from the Omni, the people from Brickell,
we al agreed that the Central Business District was the most important part that we needed to develop.
Also, when we present this plan here that you're looking at the plan we're looking at the bonding you
stated before. The reason we need to come back in January is specifics for what you. had -stated. We need
to come up with a specific cost of implementing the whole plan, and a specific strategy on how to finance
it. This we need to work. We need to create the district. And I agree with you, and we've been in
conversation with the Attorneys, with the Planning and Finance Department to come up with the -- for the
whole area. Now, what we're doing is in this Economic Development Committee that's been working on
this now with Mr. Perez, Mr. Rok is a member. Mr. Rok is the chairperson of that committee that has
been working on the master plan for the whole area that you described before. Our understanding is in
talking to the major developers throughout the country that once the City makes that commitment to
improve the facilities, they were willing to come in. And they've assured us that we can bring over three
billion dollars ($3,000,000,000) of construction within that Central Business District. And we don't have
to go too far. All you need is to go to Hollywood, downtown Hollywood, downtown Fort Lauderdale and
downtown Palm Beach, and you can see the difference it has made in there. So I just want to assure you
that the DDA, Brickell and Omni, they all agree with you and with us. The Central Business District is
where we need to concentrate.
Commissioner Winton: Mr. Chairman.
Vice Chairman Gort: Commissioner Winton.
16 11/16/00
Commissioner Winton: I think -- and I would like to echo a number of things that Commissioner Teele is
saying, because I think that without -- and I know you're saying that we're going to have a plan by
January. And I think that is crucial. And that plan really needs to look at two separate pieces, because
they really are -- there are different mechanisms for each of these two. One is development incentives,
and that's to kick-start the development. The other is infrastructure improvements. And the infrastructure
improvements are important to give the development community the confidence that the City is paying
attention and is really interested in that area which will make their investment safe. And so we really need
staff to look at each of these two arenas and develop the appropriate mechanisms for addressing each.
And there really are -- we have a lot of tools. We have more tools, I think, than we think. We have the
real estate tax abatement program, if we can get that in place, which is a major, major incentive for the
development community; probably one of the biggest incentives you can get for the development
community. You also have a mechanism for a business improvement district that could be put in place,
which is a little different than the tax increment district, which I think we also need. We also have,
though, the parking tax, and the parking tax, by law, requires the City to essentially -- some significant
percentage of that, and I forget whether it's 80 percent or 60 percent -- has to be given back to the
community in tax relief and in other arenas. However, that leaves whatever that increment is, whether it's
20 or 30 percent. I'm hearing from the tax consultants that our actual collections are going to be
significantly more than we anticipated. So I think that we have an opportunity here, as well. That piece of
the tax that's over and above what we anticipated and that increment that doesn't have to go back for tax
relief, it seems to me we have an opportunity to earmark that for infrastructure improvements and/or
development incentive support over the course of the life of this parking tax. We also have to get busy
and get our bonding capacity back in.place, and that's going to require some visits to Wall Street that will
allow us to bond, because if you look at this, one of the slides up here, the kind of global estimate of fifty
million dollars ($50,000,000) for infrastructure improvements in the core -- and I don't have a bit of
reservation that it's at least that much money -- fifty million dollars ($50,000,000) is a lot of cash. Five
million dollars ($5,000,000) a year in debt service is a lot easier -- there's a -- we can get to that number.
We can't get to fifty million dollars ($50,000,000) in cash. So without a bonding capacity, that's going to
be a problem, so you've got to solve that problem. And then we have the strategic reserve dollars, some
of which have already been earmarked for some things in downtown Miami. So we really have a lot of
vehicles or a lot of tools in our tool belts here to get at it. And I think, Commissioner Teele, your
directive, and Commissioner Gort, your directive to the staff to really sit and work through each of these
mechanisms and bring a plan back to us that we could approve can get this job done soon.
Commissioner Teele: Mr. Chairman, I agree completely with everything that Commissioner Winton says.
There is one important thing that Commissioner -- that Chairman Gort made very veiled reference to, but
needs to be in that discussion. A benefits district, a special benefits district. or a benefits district which we
had with the Metromover could also be a way -- And I really do believe that if the taxpayers came
forward with a benefit district to us, we'd be obliged to respond by overmatching that kind of approach.
You know the --.we raised this issue two years ago when the benefit district expired for the Metromover.
That was something that Ruth Schack came up with as a way of leveraging federal dollars. I was
privileged to be the Urban Mass Transportation Administrator that required that. That was a showdown
between the County and the City. Yeah, that was my doing. And, you know, we were requiring all other
cities to come up with 25 percent. Miami downtown came up with something like five percent, and I
waived the 20 percent. But again, it wasn't so much how much. It was the intent of the property owners.
And I would hope that the property owners that are downtown that are listening to this discussion --
because if we could get that benefit district extended for the purpose of downtown improvement -- you
17 11/16/00
• 0
know, it's not a lot of money. It actually only generated about a million -two a year, I think. How much
did it generate a year? About a million, a million -two? But it's significant because, as you say, if we need
five million dollars ($51,000,000) of reoccurring, then one fifth of it is there. So I think there. is no question
that we can take this downtown issue and totally turn it around. We've got more resources and more
options than we realize. But I think we've got to get the focus on this. And it doesn't -- it needs to be a
Citywide and a DDA-wide and private sector driven. Property owners need to be a part of that. The final
thing on this, Mr. Chairman -- and we do have a motion -- is this: I believe that we need to develop an
incentive -based program to induce development. But I think we need to have a very clear threshold as to,
you know; do we need to "incentivize" a Subway and a Pizza Hut? I don't think so. But the fact of the
matter is we need to have a very high threshold and begin a process of trying to do that. But to do that,
we've got to have a revenue stream. And so the longer we wait on this, the more complicated, I think, it
becomes. And Mr. Chairman, I believe that the DDA should be the clearinghouse for all of this and
should advise us. But the -- in that context, there is one thing that I want to put on the table. Mr.
Manager, we've got a financial advisor. We've got three financial advisors here in the City. Somebody
needs to get the financial advisor, one of those financial advisors to work with the investors, because there
is red -lining going on of pension funds and major funding sources of downtown. And we've got to figure
out a strategy of -- and it's not going to come from this dais. That strategy has got to be implemented by
men and women that wear those pinstriped suits and those horn -rimmed glasses, and they can talk that
same language. Because I'm telling you, after talking to a number of individual developers, if you want to
build a project on Brickell, you get one response and one level of dollar funding, and if you want to build
it downtown, you get another. And you can't change the way the marketplace addresses these things, but
we can give them more information to make downtown more viable. And I think if we do the right thing
and provide the right kinds of incentives, we can induce pension funds to develop. .And so I would call
the question on asking -- the motion that asks the City Attorney and City Manager to meet and discuss
whether or not a limited tax increment district, limited tax increment district would be appropriate and
something the County would look with favor upon.
Commissioner Winton: Commissioner Teele --
Vice Chairman Gort: Yes, we voted on the first one.
Commissioner Winton: Commissioner Teele, would it make any sense to expand the motion to direct the
City staff to look at all of the different vehicles we have that potentially we have at our disposal, and come
back with a plan by January that -- a concrete plan that deals with --
Commissioner Teele: I would accept that if Commissioner Gort would, because what.I don't want to do is
have the City working cross-purpose with the DDA or vice -versa.
Commissioner Winton: Right. And they should work in tandem on this, not one, but we ought to have a
deadline for it coming back.
Vice Chairman Gort: I want you to understand that we have sat down with the administration. We have
shown the plans and we intend to. come back in January with specific numbers and specific goals to be
met.
18 11/16/00
Commissioner Teele: I would expand the motion, then, with the proviso that that be coordinated with and
through the DDA.
Commissioner Winton: Second.
Vice Chairman Gort: OK. Any further 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. 00-973
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER AND THE CITY ATTORNEY TO EXPLORE
THE . PRACTICALITY OF A LIMITED TAX INCREMENT
FINANCING DISTRICT FOR THE DOWNTOWN BUSINESS
CORRIDOR, IN CONJUNCTION WITH OR APART. FROM A
LIMITED TAX INCREMENT FINANCING DISTRICT FOR THE
MIAMI RIVER DREDGING PROJECT
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Vice Chairman Gort: Thank you.
Mr. Gimenez: Mr. Chairman.
19 11/16/00
® 9
Vice Chairman Gort: Yes.
Mr. Gimenez: We are scheduled to do a one -day planning session in January with the Commissioners, the
Mayor and the Administration as part of the resolution that made me the Manager. If you want, we can
include this and come up with all .the different vehicles, and have this as part of our workshop so that we
can come up with a definitive plan of how you want to tackle downtown.
Vice Chairman Gort: I think that should be part of it, yeah.
20 11 / 16/00
0
4. PRESENTATION OF CHECK FOR $292,000 FROM BAYFRONT PARK TRUST EXECUTIVE
DIRECTOR JAY CONSTANTZ.
Commissioner Sanchez: Mr. Vice Chairman, if this Commission would allow me, I'd like to take
something out of order. We have with us today the Executive Director of Bayfront Park, Jay Constantz,
who will be presenting a check for two hundred and ninety-two thousand dollars ($292,000) to the City of
Miami. And that is part of the --
Vice Chairman Gort: We'll take that out of order any time..
Commissioner Sanchez: That is part of the City giving Bayfront Park, a couple. of years ago, on the
Orange Bowl Festival that they had. They went over, and the City gave them that money. The Oversight
Board stated that we had to pay it back within five years, and I think we've been able to do it in two. So
I'd like to turn it over to Jay Constantz to present this check to the City.
Jay Constantz (Executive Director, Bayfront Park Trust): Thank you, Commissioner. And good morning,
members of the Commission and ladies and gentlemen. As Commissioner Sanchez says, I'm the
Executive Director of Bayfront Park. And our trust board had decided, when we wound up the year with a
little bit over a six hundred thousand dollars ($600,000) surplus -- a lot of these funds were created due to
stronger management, which came in during the interim period. I'd like to recognize Christina Abrams,
who is here this morning, who was the interim Manager from February until about the time I started in late
May. The board has decided that rather than paying down the debt over the.five-year period, which was to
have been paid in a one hundred thousand dollars ($100,000) payment per year, subtracted from our
annual subsidy from the City of Miami, they have decided that they would like to clear the books and pay
the entire amount at one time, the balance of which is two hundred and ninety-two thousand dollars
($292,000).
(APPLAUSE)
Commissioner Regalado: I've got a question, Mr. Manager. That money is for this year's budget? I
mean, it's going into the general fund for this year's budget, or it's going to the surplus of last year's
budget?
Carlos Gimenez (City Manager): It will go into this year's budget.
Commissioner Regalado: This year's budget?
Mr. Gimenez: As far as I can tell, yes, sir.
Commissioner Sanchez: Mr. Chairman, also, Mr. Manager, this -- I would like to commend Jay Constantz
for superb administration. Along the process, we have ruffled a few feathers, but .I guess that's part of
leadership. So thank you.
Vice Chairman Gort: That's the way it goes.
Commissioner Winton: Ruffle some more if that's what we get.
21 11/16/00
.7
Vice Chairman Gort: If we can get two fifty every time you do it, go ahead.
Commissioner Teele: Mr. Chairman, I also would like to extend my congratulations to the Chairman of
the Bayfront Trust. Sometimes, these roles are very lonely. And you ask yourself every day, "What am I
doing here? Why am I doing this?" But I think Commissioner Sanchez is being very modest. He, too,
deserves a salute for his leadership.
Commissioner Winton: Here, here.
(APPLAUSE)
Vice Chairman Gort: He's done an excellent job in taking leadership. Every appointment that we have
given him, he's done excellent.
22 11/16/00
5. APPROVE IN CONCEPT FIVE PROJECTS:
(1) CREATE POOL OF FUNDS, $1,000,000, TO FORECLOSE ON DERELICT
PROPERTY;
(2) $6,000,000 FOR STREET IMPROVEMENTS FOR DOWNTOWN, BRICKELL
AVENUE AND DESIGN DISTRICT TO CREATE INFRASTRUCTURE TO PROMOTE
ADDITIONAL DEVELOPMENT;
(3) $1,000,000 TO HIRE PROCESS ENGINEERS TO LOOK AT CITY'S INTERNAL
PROCESS FOR RECURRING COST SAVINGS;
(4) $2,000,000 TO HIRE OUTSIDE CONSULTANTS TO FAST TRACK DEVELOPMENT
PROJECTS SUCH AS WATSON ISLAND, BICENTENNIAL PARK, MARINE STADIUM AND
DINNER KEY;
(5) $2,500,000 TO CREATE DEMONSTRATION PROJECT FOR SOLID WASTE
REMOVAL.
Vice Chairman Gort: At this time, if you'd allow me, I'd like to bring Mr. Ray Goode, item 8-A. My
understanding is he's got over fifty million dollars ($50,000,000) he wants to give us in different projects,
and I am glad he heard this presentation. Mr. Goode, it's a pleasure, and thank you for being with us.
Commissioner Teele: What's the item number?
Vice Chairman Gort: The item is 8-A.
Ray Goode: Well, Mr. Mayor, I am not bringing -- Mr. Chairman and members -- not bringing cash, but I
am bringing a couple of suggestions as to how you might be able to use some of your available cash. Just
the thought that you could discuss available cash, in fact, and surpluses and reserves right now causes me
to pause and to give commendation to the City administration and to the Commission for a wonderful
process of fiscal improvement that this community has seen, and that you have shepherded over the last
two or three years. Today's discussion, as a matter of fact, which leads into this, is very much on the
question of master -planning, and strategic planning, the kinds of things that we weren't able to discuss just
two or three years ago, because we were that close to having our heads underwater. So just the change in
the tenor of today's discussion is really a delightful thing to see. What you have charged your
Administration to do was to look at potential uses of the remaining funds in the strategic initiative and the
blue ribbon task force funds. And as I have indicated to you just by a note, this is a bit of a Chinese menu
process, if you will. You could pick some of this and some of that, obviously. And in the absence of
some overall strategic and community -wide master plan that's feeding or driving these decisions, then the
next best thing to look at was, in trying to determine the uses of this process, would it be of a long-term
benefit, rather than some short-term ameliorative sort of a thing that wouldn't help in future years. But
will it cause you to increase your revenue base, your tax base? Will it create greater developmental
opportunities and so on? The very kind of things you're discussing this morning. So with that, the
process of looking at a variety of potential programs and projects, working through that and then
developing this list has come over a period of many weeks on the part of your City Administration. And
of course, I guess you've been made aware of their appearance before the Oversight Board, and where --
and unfortunately, I wasn't there, so I'm not -- you have brought them up to speed? You're going to. But
within the context of that, I think the -- they had a little bit of a problem just saying, well, you have
twenty-one million dollars ($21,000,000), so therefore, here is a project list. But within that, their
discussion was more on, "Where is the strategic plan that really supports all of these?" which is not a bad
23 11/16/00
question to ask. But even at the end of the day, they suggested that probably at least over half of these
funds that you be enabled to commit them as soon as possible, and get on with some of these projects. So
I think it's with that, that the City Manager and the staff can bring you up to date on what they did, and
then I'd be glad to answer any questions. But what I've tried to do is just work with them to ensure that
whatever the projects and programs are will have some long-term benefit to the City and not just short-
term.
Vice Chairman Gort: Thank you, Mr. Goode.
Commissioner Sanchez: I, just have one. Mr. City Manager, would you be providing us a list of the things
that the Oversight Board accepted and didn't accept in this?
Carlos Gimenez (City Manager): Yes.
Commissioner Sanchez: Thank you.
Mr. Gimenez: What I plan to do is in yesterday's meeting, there was a lot of discussion with the
Oversight Board about these projects and the need to bring it to a conclusion. In the end, they have, you
know, conditionally approved five of these projects. And again, as I stated, these projects are
conditionally approved by the Oversight Board. If they get your concurrence, we will come back with
separate appropriations for these projects. And the five projects that they conditionally approved were to
create a pool of funds of a million dollars ($1,000,000) to foreclose on derelict property, and this would
cost (inaudible) one-half City block, that particular project. 'They approved the six million dollars
($6,000,000) for street improvements and infrastructure improvements. They approved the use of one
million dollars ($1,000,000) to hire process engineers to look at the City's internal processes in order to
get recurring cost savings. They approved the use of two million dollars ($2,000,000) to hire outside
consultants to fast track the -- our own development projects, such as Watson Island, Bicentennial Park,
Marine Stadium, Dinner Key. And they also agreed to set aside the two and a half million dollars to
create a demonstration project for solid waste removal. Once we, the administration, have come to you,
this board, giving you different options on the way to do solid waste, we would then have a pool of cash to
be able to implement that on a demonstration project basis, if you decide not to implement it fully.
Commissioner Sanchez: So just for my clarification, there were five that were approved, five that were
approved with conditions, and how many were not approved?
Mr. Gimenez: Well, they did not want to use the -- they didn't feel that the use of three hundred thousand
dollars ($300,000) to hire consultants to upgrade the zoning was appropriate use for this money. Also, the
traffic study on 8th Street, they felt that you could use surplus money from the year 2000 for that purpose.
And also, the creating of a pool funds of five hundred thousand dollars ($500,000). What we wanted to do
there was to have a pool of cash that if developers wanted to fast track their.process, we would be able to
hire outside people to fast track the process on a reimbursable basis, and just have the five hundred
thousand as a start-up. But that would be a revolving type of fund. They did not want us to use it for that.
They put aside the five million dollar ($5,000,000) improvements to the FEC (Florida East Coast) slip,
seeing that we need to look at the studies that are currently happening with the FEC slip, itself, and the
Bicentennial Park, find out what the recommendations of those committees are, and if we do need to come
back to them -- They didn't feel it was a bad project. They just felt it was premature. And also, the use
24 11/16/00
of the three hundred thousand dollars ($300,000). to the fueling facility at Dinner Key, they felt that that
was something that you could -- they needed more information on, in terms of what the recurring revenues
would be on that. They also wanted to see us fund an economic -- a strategic economic development plan
for the entire City. We need to go back and figure out exactly how much that would be, and then go
forward from there. And frankly, I feel that that's probably a good idea, and probably a good use of these
funds.
Vice Chairman Gort: OK. My understanding --
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Go ahead. I'm sorry. Go ahead, Commissioner Regalado.
Commissioner Regalado: In all the issues that were presented by Mr. Goode, I think that many of them
are extraordinary. But I would like to point that I believe that the one million dollar ($1,000,000) to
foreclosure on property, on derelict property is the most pressing, the most urgent. And I would ask the
administration to come back as soon as possible with the process to do this, to start doing this. And the
reason is that it doesn't only serve the purpose of development, but it cleans the eyesores in the different
areas of the City. And that is one of the things that has been. sort of stopping people from moving into the
City, some derelict property. So I would request that you move as soon as possible on this issue. And
also --
Commissioner Winton: Commissioner Regalado, before you move to the next one, could I add a piece to
that?
Commissioner. Regal ado: Sure.
Commissioner Winton: And I can't -- I couldn't concur more. I mean, it's the cancer in neighborhoods,
and you got to remove the cancer to allow economic development in the neighborhoods. I am not overly
thrilled by the restriction, though, to doing this only on parcels that allow for the creation of a half a block.
Number one, I don't know how many properties out there fit this description. And number two, a cancer
in a neighborhood is a cancer in a neighborhood.
Commissioner Regalado: I was going to say that.
Commissioner Winton: One single little house that could have --
Commissioner Regalado: I was going to say that.
Commissioner Winton: -- could be a 5,000 or 7,500 or 10,000 square foot lot can be as big a cancer and
something that creates (inaudible). And secondly, the opposition on the part of staff -- and I understand
the point -- is it's difficult for us to get rid of those properties. But my view is if we foreclose five or ten
single-family home type properties, we can do a number of things. One is I think we can sell them,
because we can bundle them like the RTC bundled assets and sell them as a pool of assets, and we will get
a lot of people coming to the table to buy. They're not interested in buying one, because the due diligence
on buying one is a real pain in the rear end, and there's too many problems with it. But if you have ten
25 11/16/00
assets in a pool, you can -- you can get buyers to come to the table, and we will get the three bids that we
need to make that happen. But failure to do that -- let's say I'm dead wrong and it doesn't work. The fact
of the matter is the City -- we have a good Asset Management Department. We might have to get into the
real estate business for a little while, clean those assets up, lease them and then bundle them and sell them.
And somebody is going to buy these assets. So I wasn't thrilled with the restriction there.
Commissioner Regalado: But Commissioner, I was going to say that my only request was that this would
not be limited to this half a block, but to all derelict properties throughout the five districts of the City of
Miami.
Mr. Gimenez: That's not a problem. We'll. do that.
Mr. Goode: Yeah. I think the key point that they're trying to get at is that be sure whatever you do, don't
do improvements to the property or take it. over and then don't have something that's salable. So you
don't want to get into the real estate business and not have something that's income and revenue
producing for the City. Other than that, the half block doesn't have to apply.
Mr. Gimenez: We plan on coming back in the next meeting and looking at this list. It looks like at least
four of the five that we would like to get going right way, especially on the -- at least the six million
dollars ($6,000,000) for street improvements, at least to have -- create the pool of cash there, so whenever
you all make determinations that you want to make improvements in a certain area to incentivize
development there that we'll have that kind of cash available to make those things happen.
Vice Chairman Gort: Well, I think you saw some proposals today of a certain area which is important for
the whole City, because they pay 33 percent of the taxes here. I tell you what, before you come back, I'd
really like to use the -- to use the one million to hire a process engineer to look at the City's internal
processes for internal cost savings. I would like to know how much savings that one million can derive. I
think that would be very important if you -- when you bring that up.
Mr. Gimenez: We'll make our best effort and our best determination. Obviously, the end product will
give us the final total.
Vice Chairman Gort: Now, the three hundred thousand to create a fueling facility at Dinner Key was that
approved or not? They thought it was --
Mr. Gimenez: They wanted some more information in terms of what the return on that would be, and
we'll give them some more information. Our initial analysis indicates that we will get our return back in a
year, and after that, it'll be a net profit.
Vice Chairman Gort: Right. That was my understanding. That's why those projections are important.
OK. Thank you, Mr. Goode, once again, in serving the City. We appreciate it. Is there any other
question of any of the board members? Thank you. Does anyone want to pull any one item from the
consent agenda?
26 1 t/16/00
Mr. Gimenez: Mr. Chairman, I -- I'd also like to thank Mr. Goode for the fine work that he did and
putting in his time to help the City out. I really thank you. Mr. Chairman, can we get an approval in
concept on those five items? Therefore, we could come back to you --
Commissioner Winton: So move.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and seconded, in concept. Any further discussion?
Commissioner Sanchez: Those are the proposed ones that were approved.
Vice Chairman Gort: Right.
Mr. Gimenez: Yes, sir.
Vice Chairman Gort: But they have to come back to us with specifics.
Commissioner Sanchez: OK.
Commissioner Regalado: Yeah. On the two million dollars ($2,000,000), two million dollars
($2,000,000) to hire consultants, I'm not very comfortable with that, because we have an Economic
Development Department, and we have people that are working full-time in this area. So I don't know,
Mr. Manager, what you plan to do in terms of hiring consultants and all that.
Mr. Gimenez: We'll bring that up as an individual item again. But the reason that we wanted to do that is
that with all, you know, the developments gong on in the City, we wanted to have an available pool of
cash and talent so that when we want to develop our properties, we can fast track those particular projects.
Vice Chairman Gort: Consent agenda. Would any Commissioner like to pull any one item?
Commissioner Sanchez: Mr. Vice Chairman I --
Commissioner Regalado: We didn't vote on -- we didn't vote on --
Vice Chairman Gort: We didn't vote? OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
27 11 / 16/00
The following motion was introduced by Commissioner Winton, who moved for its adoption:
MOTION NO. 00-974
A MOTION APPROVING IN CONCEPT FIVE PROJECTS [(1)
CREATE A POOL OF FUNDS OF $100,000 TO FORECLOSE ON
DERELICT PROPERTY; (2) $6,000,000 FOR STREET
IMPROVEMENTS FOR DOWNTOWN, BRICKELL AVENUE AND
THE DESIGN DISTRICT TO CREATE INFRASTRUCTURE TO
PROMOTE ADDITIONAL DEVELOPMENT; (3) USE $1,000,000 TO
HIRE PROCESS ENGINEERS TO LOOK AT CITY'S INTERNAL
PROCESS FOR RECURRING COST SAVINGS; (4) $2,000,000 TO
HIRE OUTSIDE CONSULTANTS TO FAST TRACK DEVELOPMENT
PROJECTS SUCH AS WATSON ISLAND, BICENTENNIAL PARK,
MARINE STADIUM AND DINNER KEY; (5) SET ASIDE $2,500,000
TO CREATE A DEMONSTRATION PROJECT FOR SOLID WASTE
REMOVAL] WHICH WERE APPROVED BY THE STATE OF
FLORIDA FINANCIAL OVERSIGHT BOARD AND THE BLUE
RIBBON TASK FORCE FOR FUNDING FROM THE STRATEGIC
INVESTMENT FUNDS.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
28 11 / 16/00
6. CONSENT AGENDA.
Commissioner Sanchez: Mr. Vice Chairman, I don't have a problem with any of the consent agenda. I just
have one clarification on one, and that's CA-l. We are accepting the lowest bid, which is thirteen thousand,
six hundred and eighty thousand dollars ($13,680,000) for the grounds maintenance services at Bicentennial
Park. However, looking at the other bids, that is a very low bid. And my concern is if this company decides
to pull out, would we go to the second lowest bidder, so we don't have to start the process and in that
process, then the park is not maintained or kept up? I think that's an intelligent question to ask.
Glenn Marcos (Assistant Director, Purchasing): That would be the case.
Commissioner Sanchez: That would be the case in this process?
Mr. Marcos: Yes, sir. Just to inform the Commissioners, I want to let you know that we also sent a letter to
the lowest most responsive and responsible bidder to make sure that they can honor these prices, and that
they can perform, and they have agreed.
Commissioner Sanchez: Well, I don't know how they're going to do it. I don't know how they're going to
do it. If they say that they could do it, it's fine. But to maintain Bicentennial Park and only charge us
thirteen thousand dollars ($13,000), which we'll be -- I mean Bayfront Park would love to pay just thirteen
thousand dollars ($13,000). But I want an assurance that if they can't fulfill their contract or they can't
fulfill the agreement, then we would be able to fall on the next lowest bidder, which is thirty-three thousand,
nine hundred and sixty-two. OK?
Mr. Marcos: That would be the case.
Vice Chairman Gort: OK. Anyone else? Any other Commissioner would like to pull --
Mariano Cruz: I have --
Vice Chairman Gort: Excuse me. Wait a minute. Any other Commissioner would like to pull any item
from the consent agenda? Mr. Cruz.
Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. I was going to talk also in items 3, 4 and number 12.
But 3 and 4 were mostly answered by Mr. Constantz with his check of two hundred and -- because I was
going to say here that the -- those contracts were going to be paid by the general fund. Do they reimburse
the City for any expense, or they --
Vice Chairman Gort: Cruz, do you want to address any consent agenda items?
Mr. Cruz: It's the consent agenda.
Vice Chairman Gort: Which item is that?
Mr. Cruz: Three and 4. But forget --
29 11 / 16/00
Vice Chairman Gort: Three and 4 of consent agenda. OK.
Mr. Cruz: Forget about 3 and 4, because I see that they reimbursed us for the expense that the City got with
-- concerning the Bayfront Park Trust. But on number 12, I always see that the Law Enforcement Trust
Fund, this group that (inaudible) moneys and moneys. I want to know if there is money available for other
groups, like in our neighborhood, the YMCA (Young Men's Christian Association). I think that they
applied, something concerning following the guidelines for some money on crime prevention, because I see
that money has gone to the Boys' Club and all that and this. Do you do, the group do any outreach for the --
telling groups that moneys are available for crime prevention, or certain people get (inaudible)? Because I
see this group all the times getting money for crime prevention, (inaudible) The Alternative Program. And I
am concerned. It's good to see that the PAL (Police Athletic League) is going to get some money and be
working in the parks, because I'd like to see a lot of these moneys be invested in the parks for the City.
Especially we got four major parks in our district. Thank you.
Vice Chairman Gort: Thank you, Mr. Cruz. Chief.
Raul Martinez (Chief of Police): Raul Martinez, Chief of Police. The answer is we are -- we have changed
the procedure of how Law Enforcement Trust's are going to be given out. It's going to be one time a year
for all the ones that want to participate. If, Mr. Cruz, you know somebody who wants to get a notification
of when the funds are available, there will be a package that they have to fill out. There will be a committee
that will review each and every application that will recommend to me which are the ones that merit
funding. But that will begin in the month of December. But if you let me know of somebody else that
hasn't been funded before -- We're basically going to notify all the ones that have requested funding
before, whether they've been given funding or not. But if you want to make sure that they are there, let me
know the name and the address, and they'll get a package.
Vice Chairman Gort: Mr. Cruz, for your information, I have sent two applications for two organizations
within the district that applied for that. And any ones, we'll be more than glad to do so. OK. Any -- do I
have a motion to move the consent agenda?
Commissioner Sanchez: So move, Mr. Vice Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: What's the item?
Vice Chairman Gort: Consent agenda. Do you want to pull any item?
Commissioner Teele: Second the motion.
Vice Chairman Gort: Second. Discussion.
Commissioner Teele: One thing. On CA-15, did anybody pull that?
(INAUDIBLE COMMENT)
30 11/16/00
•
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Commissioner Teele: The only thing that I would like to do is make sure that you work with these trade
associations. I have no problems with what you're doing. In fact, I think this is the right thing. But there
are professional trade associations like the Association of Public Administrators.
Angela Bellamy (Director, Human Resources): Yes.
Commissioner Teele: the Association of Minority -- those things -- not to the exclusion of those
organizations, as well. That's the only thing I wanted to put on the record.
Ms. Bellamy: Angela Bellamy, Director of the Department of Human Resources. We've done that;
Commissioner. . We're working with the National Forum for Black Public Administrators; IPMA,
International Personnel Management Association; SHERM and ICMA. And we're open to working with
other organizations, as well.
Commissioner Teele: Thank you very much.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Note for the Record: CODE SEC. 2-33(J), STIPULATES THAT
CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE
AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL
AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA
ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE
CITY COMMISSION.
THEREUPON, MOTION DULY MADE BY COMMISSIONER
SANCHEZ AND SECONDED BY COMMISSIONER TEELE, THE
CONSENT AGENDA ITEMS WERE PASSED 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
31 11/16/00
6.1. ACCEPT BID OF LAMENCA CORPORATION FOR ACQUISITION OF GROUND
MAINTENANCE SERVICES FOR BAYFRONT PARK MANAGEMENT TRUST, $13,680;
ALLOCATING FUNDS FROM GENERAL OPERATING BUDGET OF TRUST.
.RESOLUTION NO. 00-975
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF LAMENCA CORPORATION FOR THE ACQUISITION OF
GROUND MAINTENANCE SERVICES FOR. THE BAYFRONT PARK
MANAGEMENT TRUST ("TRUST") ON AN AS -NEEDED CONTRACT
BASIS FOR ONE (1) YEAR, WITH THE OPTION TO RENEW FOR
TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL
AMOUNT NOT TO EXCEED $13,680; ALLOCATING FUNDS
THEREFOR FROM THE GENERAL OPERATING BUDGET OF THE
TRUST.
6.2. ACCEPT BID OF SOUTH FLORIDA MAINTENANCE SERVICES FOR ACQUISITION OF
MAINTENANCE PERSONNEL AND SERVICES FOR SPECIAL EVENTS FOR BAYFRONT PARK
MANAGEMENT TRUST, $80,000; ALLOCATING FUNDS FROM GENERAL OPERATING BUDGET
OF TRUST.
RESOLUTION NO. 00-976
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF SOUTH FLORIDA MAINTENANCE SERVICES FOR THE
ACQUISITION OF MAINTENANCE PERSONNEL AND SERVICES
FOR SPECIAL EVENTS FOR THE BAYFRONT PARK
MANAGEMENT TRUST ("TRUST"), ON AN AS -NEEDED CONTRACT
BASIS FOR ONE (1) YEAR, WITH THE OPTION TO RENEW FOR
TWO (2). ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL
AMOUNT NOT TO EXCEED $80,000; ALLOCATING FUNDS
THEREFOR FROM THE GENERAL OPERATING BUDGET OF THE
TRUST.
32 11/16/00
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6.3. ACCEPT BID OF DAK SECURITY AGENCY, INC., FOR ACQUISITION OF SECURITY AND
PARKING CONTROL PERSONNEL FOR SCHEDULED EVENTS FOR BAYFRONT PARK
MANAGEMENT TRUST, $120,000; ALLOCATING FUNDS FROM GENERAL OPERATING
BUDGET OF TRUST.
RESOLUTION NO. 00-977
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF DAK SECURITY AGENCY, INC. FOR THE
ACQUISITION OF SECURITY AND PARKING CONTROL
PERSONNEL FOR SCHEDULED EVENTS FOR THE BAYFRONT
PARK MANAGEMENT TRUST ("TRUST"), ON AN AS -NEEDED
CONTRACT BASIS FOR ONE (1) YEAR, WITH THE OPTION TO
RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, IN AN
ANNUAL AMOUNT NOT TO EXCEED $120,000; ALLOCATING
FUNDS THEREFOR FROM THE GENERAL OPERATING BUDGET OF
THE TRUST.
6.4. ACCEPT BID OF NAVAS PARTY PRODUCTIONS, INC. FOR RENTAL AND SETUP OF
TENTS, TABLES AND CHAIRS FOR BAYFRONT PARK MANAGEMENT TRUST $80,000;
ALLOCATING FUNDS FROM GENERAL OPERATING BUDGET OF TRUST.
RESOLUTION NO. 00-978
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF A. NAVAS PARTY PRODUCTIONS, INC. FOR THE
RENTAL AND SETUP OF TENTS, TABLES AND CHAIRS FOR THE
BAYFRONT PARK MANAGEMENT TRUST ("TRUST") ON AN AS -
NEEDED CONTRACT BASIS FOR ONE (1) YEAR, WITH THE
OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $80,000;
ALLOCATING FUNDS THEREFOR FROM THE GENERAL
OPERATING BUDGET OF THE _TRUST.
33 1 11/16/00
•
6.5. ACCEPT BID OF HOLMATRO, INC. FOR PROCUREMENT OF HOLMATRO EXTRICATION
TOOLS AND ACCESSORIES FOR DEPARTMENT OF FIRE -RESCUE, $27,168; ALLOCATING
FUNDS FROM FIRE ASSESSMENT.
RESOLUTION NO. 00-979
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF HOLMATRO, INC. FOR THE PROCUREMENT OF
HOLMATRO EXTRICATION TOOLS AND ACCESSORIES FOR THE
DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO
EXCEED $27,168; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 313304.289401.6.850, AS FUNDED BY THE
FIRE ASSESSMENT.
6.6. ACCEPT BID OF HARRISON UNIFORM FOR PROCUREMENT OF BADGES, INSIGNIAS AND
WALLETS FOR DEPARTMENT OF POLICE, $26,867.82; ALLOCATING FUNDS FROM
DEPARTMENT OF POLICE GENERAL OPERATING BUDGET.
RESOLUTION NO. 00-980
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF HARRISON UNIFORM FOR THE PROCUREMENT OF
BADGES, INSIGNIAS AND WALLETS FOR THE DEPARTMENT OF
POLICE ON A CONTRACT BASIS, IN AN AMOUNT NOT TO
EXCEED $26,867.82, FOR A PERIOD OF ONE (1) YEAR, WITH THE
OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS, SUBJECT TO A FOUR PERCENT (4%) INCREASE FOR
EACH SUBSEQUENT YEAR; ALLOCATING FUNDS THEREFOR
FROM THE DEPARTMENT OF POLICE GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 001000.290201.6.075.
34 11/16/00
6.7. ACCEPT BID OF HOPE CENTER, INC. FOR PROVISION OF CUSTODIAL SERVICES AT
MARINE STADIUM MARINA, FOR DEPARTMENT OF CONFERENCES, CONVENTIONS AND
PUBLIC FACILITIES, $8,940; ALLOCATING FUNDS FROM MARINE STADIUM MARINA
OPERATING BUDGET.
RESOLUTION NO. 00-981
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF HOPE CENTER, INC., FOR THE PROVISION OF
CUSTODIAL SERVICES AT THE MARINE STADIUM MARINA FOR
THE DEPARTMENT OF CONFERENCES, CONVENTIONS, AND
PUBLIC FACILITIES ON A CONTRACT BASIS FOR ONE (1) YEAR,
WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1)
YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED
$8,940; ALLOCATING FUNDS THEREFOR FROM THE MARINE
STADIUM MARINA OPERATING BUDGET, ACCOUNT CODE NO.
402003.350508.340.
6.8. ACCEPT BID OF SOUTH FLORIDA MAINTENANCE SERVICES, INC. FOR ACQUISITION OF
MAINTENANCE SERVICES FOR SCHEDULED EVENTS AT ORANGE BOWL STADIUM FOR
DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, $15.0,000;
ALLOCATING FUNDS FROM ORANGE BOWL STADIUM OPERATING BUDGET.
RESOLUTION NO. 00-982
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF SOUTH FLORIDA MAINTENANCE SERVICE, INC., FOR
THE ACQUISITION OF MAINTENANCE SERVICES FOR
SCHEDULED EVENTS AT THE ORANGE BOWL STADIUM FOR THE
DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC
FACILITIES ON AN AS -NEEDED CONTRACT BASIS FOR ONE (1)
YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL
ONE (1) YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO
EXCEED $150,000; ALLOCATING FUNDS THEREFOR FROM THE
ORANGE BOWL STADIUM OPERATING BUDGET, ACCOUNT CODE
NO. 404000.350503.340.
35 11/16/00
6.9. ACCEPT BID OF HANDSEL ELECTRIC COMPANY OF FLORIDA, INC. FOR PROJECT
ENTITLED "SOLID WASTE FACILITY EMERGENCY .GENERATOR SYSTEM, B-6361 ";
ALLOCATING FUNDS FROM FISCAL YEAR 2000 GENERAL FUND, $105,277.
RESOLUTION NO. 00-983
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF HANDSEL ELECTRIC COMPANY OF FLORIDA, INC.,
FOR THE PROJECT ENTITLED "SOLID WASTE FACILITY
EMERGENCY GENERATOR SYSTEM, B-6361," IN THE AMOUNT OF
$105,277; ALLOCATING FUNDS THEREFOR FROM FISCAL YEAR
2000 GENERAL FUND, PROJECT NO. 353018, AS APPROPRIATED
BY THE ANNUAL APPROPRIATIONS AND CAPITAL
IMPROVEMENT PROJECTS ORDINANCES, IN THE AMOUNT OF
$105,277 FOR CONTRACT COSTS AND $1.7,191 FOR ESTIMATED
EXPENSES, FOR A TOTAL ESTIMATED COST OF $122,468; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY
FOR SAID. PURPOSE.
6.10. ACCEPT BIDS OF VARIOUS VENDORS FOR PROCUREMENT OF WORK AND LATEX
GLOVES FOR DEPARTMENT OF PURCHASING, TO BE USED BY VARIOUS CITY
DEPARTMENTS; ALLOCATING FUNDS FROM OPERATING BUDGETS OF VARIOUS USER
DEPARTMENTS.
RESOLUTION NO. 00-984
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), ACCEPTING THE BIDS OF VARIOUS VENDORS
AS LISTED IN "EXHIBIT A," ATTACHED HERETO AND MADE A
PART HEREOF, FOR THE PROCUREMENT OF WORK AND LATEX
GLOVES FOR THE DEPARTMENT OF PURCHASING, TO BE USED
BY VARIOUS CITY DEPARTMENTS, ON AN AS -NEEDED
CONTRACT BASIS FOR ONE (1) YEAR, WITH THE OPTION TO
RENEW FOR ONE (1) ADDITIONAL ONE (1) YEAR PERIOD,
ALLOCATING FUNDS THEREFOR FROM EACH OF THE
OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS,
SUBJECT TO BUDGETARY APPROVAL.
36 11 / 16/00
•
6.11. AUTHORIZE ACQUISITION OF COMPUTER SOFTWARE TRAINING FOR END USERS
CITYWIDE FROM EXECUTRAIN UNDER STATE OF FLORIDA CONTRACT NO. 973-890-98-1 FOR
DEPARTMENT OF HUMAN RESOURCES, $135,000; ALLOCATING FUNDS FROM DEPARTMENT
OF HUMAN RESOURCES.
RESOLUTION NO. 00-985
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE ACQUISITION OF COMPUTER SOFTWARE TRAINING FOR
THE DEPARTMENT OF HUMAN RESOURCES FROM EXECUTRAIN,
UNDER STATE OF FLORIDA CONTRACT NO. 973-890-98-1,
EFFECTIVE THROUGH JANUARY 19, 2003, AND ANY EXTENSIONS
THERETO, IN A TOTAL AMOUNT NOT TO EXCEED $135,000;
ALLOCATING ' FUNDS THEREFOR FROM THE OPERATING
BUDGET OF THE DEPARTMENT OF HUMAN RESOURCES
ACCOUNT CODE NO. 001000.270101.6.410.
6.12. AUTHORIZE FUNDING OF ALTERNATIVE PROGRAMS, INC., $80,000; ' ALLOCATING
FUNDS FROM LAW ENFORCEMENT TRUST FUND.
RESOLUTION. NO. 00-986
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE FUNDING OF THE ALTERNATIVE PROGRAMS, INC. IN AN
AMOUNT NOT TO EXCEED $80,000; ALLOCATING FUNDS
THEREFOR FROM THE. LAW ENFORCEMENT TRUST FUND,
PROJECT NO. 690001, SUCH EXPENDITURES HAVING BEEN
APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH
SECTION 932.7055, FLORIDA STATUTES (1999).
37 11 / 16/00
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6.13. AMEND RESOLUTION NO. 00-250 ACCEPTING BIDS OF CANNON SPORTS, INC., GOPHER
SPORT, SPORTS SUPPLY GROUP, INC., D/B/A BSN SPORTS, ZIPP SPORTING GOODS,
COLLEGIATE PACIFIC, INC., AND BILL FRITZ SPORTYS CORP. AND INCREASE ANNUAL
AMOUNT FROM $14,140.94 TO $54,140.94, FOR PROCUREMENT OF RECREATIONAL
EQUIPMENT AND SUPPLIES; ALLOCATING FUNDS FROM PARKS AND RECREATION
DEPARTMENT'S GENERAL OPERATING BUDGET AND RECREATION CONSOLIDATED
REVENUE ACCOUNT.
RESOLUTION NO. 00-987
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 00-250 TO INCREASE THE CONTRACTS WITH
CANNON SPORTS, INC., GOPHER SPORT, SPORTS SUPPLY GROUP,
INC., D/B/A BSN SPORTS, ZIPP SPORTING GOODS, COLLEGIATE
PACIFIC, INC., AND BILL FRITZ SPORTS CORP. FOR THE
PROCUREMENT OF RECREATIONAL EQUIPMENT AND SUPPLIES
FOR THE DEPARTMENT OF PARKS AND RECREATION, IN AN
AMOUNT NOT TO EXCEED $40,000.00 FROM $14,140.94 TO AN
ANNUAL AMOUNT NOT TO EXCEED $54,140.94; ALLOCATING
FUNDS THEREFOR FROM THE DEPARTMENT OF PARKS AND
RECREATION GENERAL OPERATING BUDGET, ACCOUNT CODE
NOS. 001000.580301.6.717 AND 001000.580301.6.722, AND
RECREATION CONSOLIDATED REVENUE ACCOUNT CODE NO.
116002.580211.6.717 FOR SAID INCREASE.
6.14. AUTHORIZE FUNDING OF GANG REDUCTION 'ACTIVITIES AND SPORTS PROGRAM
(G.R.A.S.P.), $99,138; ALLOCATING FUNDS FROM LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO. 00-988
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING FUNDING OF THE GANG REDUCTION
ACTIVITIES AND SPORTS PROGRAM (G.R.A.S.P.), IN AN
AMOUNT NOT TO EXCEED $99,138; ALLOCATING FUNDS
THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND,
PROJECT NO. 690002, SUCH EXPENDITURE HAVING BEEN
APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH
THE U.S. DEPARTMENT OF JUSTICE'S "GUIDE TO EQUITABLE
SHARING."
38 11/16/00
6.15. APPROVE LIST OF PRE -QUALIFIED PROPOSERS TO PROVIDE EXECUTIVE SEARCH
SERVICES FOR DEPARTMENT OF HUMAN RESOURCES, $100,000.
RESOLUTION NO. 00-989
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS (S), APPROVING THE LIST OF PRE -QUALIFIED
PROPOSERS AS SET FORTH ON "EXHIBIT A," ATTACHED AND
INCORPORATED, TO PROVIDE EXECUTIVE SEARCH SERVICES
FROM THE DEPARTMENT OF HUMAN RESOURCES;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AGREEMENT (S), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH THE MOST ADVANTAGEOUS FIRM (S)
ON AS -NEEDED BASIS, FOR AN INITIAL ONE YEAR PERIOD.
WITH THE OPTION TO RENEW FOR THREE ADDITIONAL ONE-
YEAR PERIODS, AT AN ESTIMATED TOTAL AMOUNT NOT TO
EXCEED $100,000 FOR SAID SERVICES; ALLOCATING FUNDS
FROM NON -DEPARTMENTAL ACCOUNT CODE NO.
001000.921002.6.270.
6.16. AUTHORIZE MANAGER TO EXECUTE GRANT OF EASEMENT WITH MIAMI-DADE
COUNTY FOR 12-FOOT WIDE PERPETUAL, NON-EXCLUSIVE EASEMENT TO FACILITATE
CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF WATER FACILITIES
FOR WINN-DIXIE STORE LOCATED AT 1145 NORTHWEST 11TH STREET.
RESOLUTION NO. 00-990
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO
EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR CITY -
OWNED PROPERTY MORE PARTICULARLY DESCRIBED IN
"EXHIBIT A," ATTACHED HERETO AND MADE A PART HEREOF,
FOR A 12-FOOT WIDE PERPETUAL, NON-EXCLUSIVE
EASEMENT TO FACILITATE THE CONSTRUCTION,
INSTALLATION, OPERATION AND MAINTENANCE OF WATER
FACILITIES FOR THE WINN-DIXIE STORE LOCATED AT 1145
NORTHWEST 11 TH STREET, MIAMI, FLORIDA, AND WITH THE
RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE
ALL OR ANY SUCH FACILITIES WITHIN THE EASEMENT, AND
FULL RIGHTS OF INGRESS AND EGRESS.
39 11 / 16/00
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6.17. AUTHORIZE MANAGER TO EXECUTE A GRANT OF EASEMENT WITH MIAMI-DADE
COUNTY FOR A 15-FOOT WIDE PERPETUAL, NON-EXCLUSIVE EASEMENT TO FACILITATE
CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF SEWAGE FACILITIES
FOR WINN-DIXIE STORE LOCATED AT 1145 NORTHWEST 11TH STREET.
RESOLUTION NO. 00-991
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO
EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR CITY -
OWNED PROPERTY MORE PARTICULARLY DESCRIBED IN
"EXHIBIT A," ATTACHED HERETO AND MADE A PART HEREOF,
FOR A 15-FOOT WIDE PERPETUAL, NON-EXCLUSIVE
EASEMENT TO FACILITATE THE CONSTRUCTION,
INSTALLATION, OPERATION AND MAINTENANCE. OF SEWAGE
FACILITIES FOR THE WINN-DIXIE STORE LOCATED AT 1145
NORTHWEST 11T11 STREET, MIAMI, FLORIDA, WITH THE RIGHT
TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR
ANY SUCH FACILITIES WITHIN THE EASEMENT, AND FULL
RIGHTS OF INGRESS AND EGRESS.
40 11/16/00
7. AUTHORIZE MANAGER TO EXECUTE AN AGREEMENT WITH METRO-MIAMI
COMMUNITY DEVELOPMENT CORPORATION TO DISPOSE OF CITY -OWNED PARCELS
LOCATED AT 1700 NORTHWEST 14TH AVENUE.
Vice Chairman Gort: Item 2. District 4, item B.
Carlos Gimenez (City Manager): Mr. Chairman.
Vice Chairman Gort: Yes.
Mr. Gimenez: We need to pull, for the record, pull item 32 and item 11-A.
Vice Chairman Gort: Item 11-A and item 32, if anyone is here, it's going to be pulled by the
Administration. Eleven -A and 32, right? The vending district for Biscayne. And the purchase of police
general vehicles.
Commissioner Winton: Thirty-two, you say?
Vice Chairman Gort: Yes, 11 and 32 have been pulled. Thank you.
Note for the Record: At this point, the administration withdrew agenda items 11 and 32.
Vice Chairman Gort: Item 2.
Dan Fernandes (Assistant Director, Community Development): Dan Fernandes, Department of
Community Development. Item 2 deals with disposal of a City -owned parcel at 1700 Northwest 14t"
Avenue. At the district -- at the last Commission meeting, District 4 had this as an agenda item, and it was
-- the Administration was directed to bring this item back at this particular meeting. The property in
question is again located at 1700 Northwest 14t" Avenue, in the Civic Center area. Giving you a little bit
of history on this particular property, the City purchased this property back in 1984 with housing bond
monies. Subsequently, in January of 1987, Kodak was provided this particular site to develop a property
on there, to develop an elderly project, a 96-unit condominium. However, as a result of contamination,
the site development has not occurred. And over the years, there have been a number of organizations that
have been interested in this particular parcel. Exactly one year ago today, in November of 1999, the
Commission directed the Administration to negotiate with the Metro -Miami Community Development
Corporation with certain stipulations regarding this property. Those stipulations included that the agency
would pay fair market value for the property, they would clean the property up, and they would also be
responsible for developing the property within a certain time. Asset Management since that time has been
negotiating with the organization for this particular property. Since that time, in the last month or so, there
have been some questions that have come up regarding the sales price of the property. The agency
requests or has indicated that the property was originally valued at one million forty-five thousand dollars
($1,045,000). Subsequently, the City has done two appraisals on the property, and the City came up with
a price of one million on hundred thousand dollars ($1,100,000) for that particular property. There was
also a question regarding the deposit of that particular property. Typically, the City requires a ten percent
property on such sales. In this particular instance, the developer had recommended what they identified as
a possible amount of a hundred dollars ($100). The next item that was in question was a default in the
41 . 11/16/00
City's letter back to the agency. I think they indicated that was a negotiable item that. we would be willing
to basically accept any reasonable alternative schedule. So what we've come back. to you today with is
we're giving you an option, or two different options. The first option, which basically gives you a
resolution prepared by the Law Department, which is going to go ahead and dispose of the property
through the Metro -Miami organization. The second option that we would provide to you would be to
finalize negotiations through a Request for Proposals process. And basically, what we're doing is we're
giving the Commission the opportunity to direct the Administration to either go forward with the current
negotiations and finalize that, or to go through an RFP (Request for Proposals) process to develop the
particular property for affordable housing.
Vice Chairman Gort: OK. Thank you, sir.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Let me tell you, I go through there every morning, 14th Avenue, and I've been
seeing that empty lot for a long, long time. And I get the complaints that we have, to cut the grass. And I
don't know how much it cost us to cut the grass every month. So I'd really like to see this expedited as
soon as possible. Commissioner Regalado.
Commissioner Regalado: They've been before the City Commission for -- I don't know -- maybe ten
times. And the last time, the Commission expressed the will to have it as early as possible in the session
so we can finalize this. I think that, first of all, the board of directors of this group are very prominent
members of the community. The City of Miami should be proud to do business with.people like Reverend
Martin Anorga, because it sends a signal that the City is willing to work with people who are trying to do
right for working people and poor people. We have invested many, many millions of dollars in projects
that, unfortunately, have not gone forward. And it seems to me that the Administration now wants to stall
or paralyze a project just for a difference of appraisal, or a deposit, or a ten percent, or a five percent
deposit. I frankly don't know why we are changing the standards for these people that want to do
affordable housing, and we don't set the same standard for every affordable housing project, unless, unless
-- Have you had anyone approach the Administration asking for that property or willing to buy that
property?
Lori Billberry (Director, Asset Management): Yes, we have:
Commissioner Regalado: You have
Ms. Billberry: Yes, we have.
Commissioner Regalado: Can we know who they are?
Ms. Billberry: Do you have the names?
(INAUDIBLE COMMENT)
Ms. Billberry: I can get you the list. We do have it in the office, and I can get that for you.
42 11 / 16/00
Commissioner Regalado: Don't you think it's strange that we've had that property for 20 years, and now,
all of a sudden, we have a list of people that want to buy that? Is it because the City is in demand or --
Ms. Billberry: Possibly.
Commissioner Regalado: Possibly?
Ms. Billberry: Well, this property was also just recently, in the last year and a half, put under the
Brownsfield Program, which has made it financially feasible to develop this site.
Commissioner Regalado: I -- yesterday, I was told by the Manager and by the Assistant City Manager
that there wasn't any problem. Today, we have a problem with that?
Dena Bianchino (Assistant City Manager): No. Commissioner, I think that there isn't a problem. The
issue that Mr. Fernandes presented to you is that there's two options for the Commission. It's up to the
Commission to decide whether to go out with an UP for different options. It has to be affordable housing
because the land was purchased with housing bond funds. And the other option is to proceed with the
group that we've been working with, and allow them to credit the cost of the remediation against the sales
price, which we feel for affordable housing is not out of line, because, you know, the less they have to
spend on land, the less the units can cost. So.
Commissioner Regalado: OK. So my motion will be, Mr. Chairman, to go ahead and proceed with talks
with the group, Miami -Metro, to build affordable housing in that parcel of land.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and seconded. Any discussion?
Commissioner Winton: Yeah, I have one comment.
Vice Chairman Gort: Yes.
Commissioner Winton: Because I have to agree with Commissioner Regalado. I mean, this is -- we need
to get on with this fast, fast, fast, get it on the tax rolls, you know. Just the delay in RFP, we'll never catch
up with that. So if we get this thing done, we're going to have revenue a lot sooner than any other
mechanism. And the difference in sales price isn't enough to justify the process of going -- Now, if there
was a five hundred thousand dollars ($500,000) differential, that's one thing. We're talking about fifty
thousand. So. But I am concerned about one thing, and that's the deposit. I think a one hundred dollar
($100) deposit absolutely does not show good faith on the part of a buyer that they have the wherewithal
to perform. And I don't think that's under any circumstance -- and I'm in the business. A hundred dollar
($100) deposit doesn't do anything. Might as well be ten dollars ($10). So I think you need to come up
with a reasonable deposit. I'm riot saying ten is the right number, either. You know, ten is not always the
number that's used in the private sector, but I can tell you a hundred doesn't get it.
Commissioner Regalado: And if I may, Commissioner. My understanding is that, first of all, they do
have the financing to go ahead, complete financing to go ahead with the project. Second, there is in the
43 11 / 16/00
resolution, there is a probation that if they don't build and clean in 24 months, the parcel reverts to the
City. So that's a guarantee that we have in the City. So I don't know --
Commissioner Winton: Well, if they have their financing in place and they've provided documentation of
financing in place, that's a different issue. So I'm a lot more comfortable with this issue then.
Commissioner Sanchez: Do they have financing in place?
Angel Gonzalez: Angel Gonzalez, 3070 Northwest 19th Street, on behalf of Metro -Miami and Reverend
Martin Anorga. They have the commitment for the financing of this project. And the issue of the deposit
was, as a matter of fact, brought up by me to them. Based on the fact that in every housing, every
affordable housing done in the City, not only the City provides the land, but also, the City provides for
predevelopment money and part of the construction money in a matching fund with the County and with
the State. And I say, why treat this group different? What is the reason to treat these people different? I
think everybody should be treated equal, with the exception that this group is not asking for the land to be
given to them free. They're not asking for any predevelopment money. They are not asking for any
construction money. And in addition to that, the cleanup is going to have to be done by them first, and
paid by them in advance, and then it's going to be deducted from the sales price. But they will have to
come up with whatever the amount is, half a million dollars, seven hundred and fifty thousand dollars
($750,000), whatever DERM (Department of Environmental Resource Management) determines that the
cleanup has to be, and whatever the company will charge. So that was. the content of the argument on the
deposit, Commissioner.
Commissioner Winton: You've answered the question. Thank you.
Mr. Gonzalez:' You are welcome.
Commissioner Teele: Call the question.
Vice Chairman Gort: Any --
Ms. Bianchino: I just want to clarify two things.
Vice Chairman Gort: Yes.
Ms. Bianchino: They won't -- we would not transfer the land to the organization until they get their
financing. So there will be no transfer. It would be like a simultaneous closing.
Vice Chairman Gort: Right.
Ms. Bianchino: And the second thing is that the resolution does not say what it needs to say, which is that
any contamination cost over the one point one --.whatever the land is worth -- does not revert to the City.
It is their responsibility. So --
Commissioner Regalado: And they have agreed to that?
44 . 11 / 16/00
Ms. Bianchino: That's what I understand.
Commissioner Regalado: So we are clear on the deposit, the minimal, nominal deposit is that correct?
OK.
Mr. Gonzalez: Another thing that we are a little bit concerned or they are little bit concerned with is the
with term of the two years to begin construction. We have to realize that plans have to be done. Plans
have to be submitted to Building and Zoning and --
Commissioner Regalado: Excuse me. It says two years to clean the place. That's what it says.
Mr. Gonzalez: No. It says to begin construction. OK?
Commissioner Regalado: Construction shall commence within 24 months upon the date of contract
execution, and shall -- OK.
Commissioner Teele: All right. Look.
Mr. Gonzalez: So, you know, we're going to be --
Commissioner Teele: Hold it, hold it, hold it.
Mr. Gonzalez: Yes, sir.
Commissioner Teele: Let's stop. What's reasonable?
Mr. Gonzalez: Commissioner --
Commissioner Teele: Twenty-four months from the completion of the cleanup?
Mr. Gonzalez: No, no, no, no, no. I think that, you know, I think reasonable will be that once that we
present the plans to the City of Miami for approval and permitting --
Commissioner Teele: No, no, no. We have to have a term. You can't write that like that. Just give us a
term. We've established you've got 24 months to get it cleaned up. OK?
Mr. Gonzalez: OK. And --
Commissioner Teele: Now, how long after the cleanup is reasonable? Six months? A year?
Mr. Gonzalez: Let's say one year.
Commissioner Teele: Is that acceptable to everybody? Is that acceptable?
Commissioner Regalado: Yeah.
45 11/16/00
Commissioner Teele: So the amendment. would be one year after the cleanup, construction must
commence.
Commissioner Regalado: OK.
Mr. Gonzalez: OK.
Commissioner Regalado: Just a minute.
Vice Chairman Gort: Hold it, hold it, hold it, hold it. You might get in trouble there, because you might
complete your cleanup within six months, and let's face it, people. Sometimes -- I don't know if the -- the
permitting process, and you already have all your financing.
Mr. Gonzalez: We have --
Vice Chairman Gort: A lot of times, this financing is very difficult to put together. So.
Commissioner Teele: Then why don't we just say 36 months?
Vice Chairman Gort: Thirty-six months, and that would be it.
Commissioner Teele: Thirty-six months from the date of signing.
Vice Chairman Gort: Yes, right. OK.
Mr. Gonzalez: That would be fine. That would be acceptable.
Commissioner Winton: Well --
Commissioner Teele: Twenty-four months to complete the cleanup, and 36 months to commence
construction.
Commissioner Sanchez: That's three years.
Commissioner Winton: I like this 18-month deal a lot better than I like this 36 months.
Mr. Gonzalez: OK. They're telling me that they can compromise to begin construction within 24 months.
Commissioner Teele: Well, that's what it says now.
Mr. Gonzalez: Yeah, that's what it says now.
Commissioner Winton: Fine.
Vice Chairman Gort: All right, yeah, OK. All right. All in favor state it by saying "aye."
46 11/16/00
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 00-992
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH METRO-MIAMI COMMUNITY
DEVELOPMENT CORPORATION ("MMCDC"), A FLORIDA NOT -
FOR -PROFIT CORPORATION, TO CONVEY AND DISPOSE OF
CITY -OWNED PARCELS LOCATED AT 1700 NORTHWEST 14TH
AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED ON "EXHIBIT
A" ATTACHED HERETO, CONTINGENT UPON CERTAIN TERMS
AND CONDITIONS; FURTHER DIRECTING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL OTHER NECESSARY
DOCUMENTS REQUIRED FOR CLOSING ON SAID PROPERTY, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Vice Chairman Gort: Thank you. Good luck.
Commissioner Teele: Mr. Chairman, I want to say something on the record. I don't think we're treating
these people fairly. I think they're being over -generous. I think we need to -- the Administration, the
Management needs to take a close look at what our policy is. We are jumping people through hoops
unnecessarily. If we normally give the land to folk for affordable housing -- or frequently we do. If we
normally give grants for predevelopment -- and I can tell you that Greater Bethel AME (African
Methodist Episcopal), we've given, you know, hundred and hundreds of thousands. of dollars of
predevelopment cost. If we have a statutory obligation to be responsible for the environmental cleanup --
and I believe we do. I don't think government should dodge and hide. If we own land, we ought to clean
it up, because I think it's very hard for us to enforce environmental issues on the public if we hold
47 11 / 16/00
ourselves to a different standard. I think the City is getting a great, great, great deal here, and I think we
need to really understand that we don't have a clear agreement between the Management of this City and
at least this Commissioner on what our priority should be. Our priority should be to help these people.
And I think they, have gone the first, second and third mile on this. And I would hope that any other
affordable group that comes in, that the City agrees that it's a good project that we really try to establish a
standard that we don't take the people through. I think we ought to be granting them the land, personally.
That's my personal view.. But I'm not here to give away anything. This is a deal to move forward. But I
would just hope that we don't keep taking people through the same thing, over and over and over again.
And I'm through with it. It's gone, it's done, we voted. So it's nothing to discuss.
Mr. Gonzalez: Mr. Chairman, Commissioners, Mr. Manager and Mr. Attorney, thank you very much.
We appreciate it.
Vice Chairman Gort: Thank you.
Commissioner Sanchez: Thank you.
Vice Chairman Gort: Now, get a building soon. We need to. Thank you. Item 2-A.
Mariano Cruz: Willy, luckily, I didn't say one thing. But the only thing I was going to say is, in a way, I
live between these two properties, between. The Bobby Maduro Miami Stadium was treated in a different .
way by Administration. It still sits there with no construction started yet. Nothing.
Vice Chairman Gort: Excuse me. Excuse me. Who are you?
Mr. Cruz: Mariano Cruz, 1227 Northwest 261h Street, two blocks from your house. OK?
Vice Chairman Gort: Thank you, Mr. Cruz.
Mr. Cruz: And, you know, we are right there. And the stadium, they give even money from Community
Development, the whole thing.
Commissioner Winton: And when is that stadium -- when is that project going to get started?
Vice Chairman Gort: Cruz, I understand -- my understanding was -- How much did they pay, Dena?
How much did they pay for the stadium?
Ms. Bianchino: I'm sorry; I was not listening.
Vice Chairman Gort: The Miami Stadium, how much did they pay?
48 11/16/00
Mr. Cruz: Two point two million. I know. It's in the bag. I know that. Already spent.
Vice Chairman Gort: OK. Thank you.
Commissioner Teele: And it's on the tax rolls.
Ms. Bianchino: That's right.
49 11/16/00
8. AMEND RESOLUTION NO. 00-105 WHICH ESTABLISHED ECONOMIC DEVELOPMENT
COMMITTEE TO INCORPORATE DIRECTIVES CONTAINED IN RESOLUTION NO. 00-359,
WHICH DESIGNATED COMMISSIONER TOMAS . REGALADO AS COMMISSION'S
REPRESENTATIVE TO PARTICIPATE IN NEGOTIATIONS BETWEEN CITY AND PORT OF
MIAMI REGARDING PORT EXPANSION ON WATSON ISLAND AND PROVIDE FOR
ENGAGEMENT OF INDIVIDUAL TO REPORT DIRECTLY TO COMMITTEE TO ACCOMPLISH
DUTIES AND GOALS CHARGED TO SAID COMMITTEE; $40,000, FROM FISCAL YEAR 2000
SURPLUS FUNDS.
Vice Chairman Gort: OK, item 2-A. Three.
Commissioner Regalado: Mr. Chairman, last Commission meeting, the Commission requested the
Administration to come back with the funding for the Economic Development Committee. And we have
already the resolution. I just wanted to mention that the members of the committee met this week, and we
decided to work on a plan. And one of the things is that by January, we .will have for the members of the
City Commission and the City Manager a huge volume of information on different projects by district,
because I think that it can be used on the developer's summit that will be held in the spring, chaired by
Commissioner Sanchez. So I would request to approve this resolution. I'll move the resolution.
Commissioner Teele: Second the motion.
Vice Chairman Gort: Which item is that? Moved and seconded.
Commissioner Teele: Two -A.
Vice Chairman Gort: Item 2-A, moved and seconded. Any further discussion?
Martin Tritt: I'd like to talk to the --
Vice Chairman Gort: Excuse me, sir. Are you on Item 2-A?
Mr. Tritt: Huh?
Commissioner Regalado: No, he's not.
Mr. Tritt: On 2-A, yes.
Vice Chairman Gort: On the economic development?
Mr. Tritt: Two -A is in regards to the port, isn't it?
Commissioner Teele: No. Item 3.
Vice Chairman Gort: No, it's not. No, it's not.
Mr. Tritt: No?
50 11/16/00
Commissioner Regalado: No.
Mr. Tritt: Oh. OK.
Vice Chairman Gort: OK. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 00-993
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 00-105 WHICH ESTABLISHED THE ECONOMIC
DEVELOPMENT COMMITTEE (THE "COMMITTEE") TO: (1)
INCORPORATE THE DIRECTIVES CONTAINED IN RESOLUTION
NO. 00-359, WHICH DESIGNATED COMMISSIONER TOMAS
REGALADO AS THE CITY COMMISSION'S REPRESENTATIVE TO
ACTIVELY PARTICIPATE IN ALL FUTURE AND CURRENT
NEGOTIATIONS BETWEEN THE CITY OF MIAMI AND THE PORT
OF MIAMI REGARDING THE PORT EXPANSION ON WATSON
ISLAND, AND (2) PROVIDE FOR THE ENGAGEMENT. OF. AN
INDIVIDUAL TO REPORT DIRECTLY TO THE COMMITTEE TO
ACCOMPLISH THE DUTIES AND GOALS CHARGED TO SAID
COMMITTEE; AND ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $40,000, FROM FISCAL YEAR 2000
SURPLUS FUNDS FOR COMPENSATION OF SAID INDIVIDUAL
TO PROVIDE ASSISTANCE TO THE COMMITTEE.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
51 11/16/00
9. TABLED: UNIFIED DEVELOPMENT PROJECT (UDP) FOR NORTHWEST QUADRANT OF
WATSON ISLAND -- REFERENDUM WATERFRONT BOARD, MEGA YACHT FACILITY,
CONSULTANT REPORT, EVALUATION CRITERIA (See #14).
Vice Chairman Gort: Item 3.
Dena Bianchino (Assistant City Manager): Commissioners, at your last meeting, we gave you a
presentation about Watson Island, and particularly about this particular UDP (Unified Development
Project) area. We have brought before you today a resolution, which approved the RFP (Request for
Proposals), in order for us to get it out, so that we can complete the process by the November 2001
election. At the same time, by Charter, we have to approve a certified public accounting firm. We are
recommending Pricewaterhouse Coopers. This went through a selection process with the City and they
were recommended for negotiations. I would like to just add a few items that the Commission asked for.
We would like to add into the document that the developer take into consideration the fishing boats and
the opportunity for a fish market at the site, and try to incorporate them into the marina use. We'd like to
move the schedule back that's in your package two weeks earlier so we can bring this to you at the first
meeting in July, in preparation for the referendum. I want to just let you know that the title report is not
back on this. We will not issue the RFP until it is. We don't foresee any major problems on title with this
property. We need to add in, as well, that the City will either be an applicant or co -applicant for the
marina, because it is very difficult for private developers to get marina approvals without municipalities
being part of that process, and we want to facilitate this. And Commissioner Winton, we did put in a
whole section on design guidelines in response to your concerns at the last meeting. And I want to say
that there's a strong emphasis in this RFP on marina development. A marina is required. There are five
extra points given for a mega yacht marina, so that's a major part of this RFP. And this is a public
hearing.
Commissioner Sanchez: OK. This is a public hearing. Any of the Commissioners would like to say
anything before we turn it over to the public? Hearing none, sir, state your name for the record, please.
Martin Tritt: My name is Martin Tritt. I live at 5261 La Gorce Drive, Miami Beach. I have been running
the bait shop at Watson Island for 22 years. And I.feel that three very important projects have been
approved and started. Just like the dummies that put mountains in Bicentennial Park. You may become
known as the dummies that closed MacArthur Causeway, because you have no idea what the Parrot
Jungle, and the children's museum and the aviation center is going to do to traffic on MacArthur
Causeway. You have no way, with any kind of -- you know, any kind of engineering firms or anybody
that can look at the situation,, because nobody knows how much business, extra business the Parrot Jungle
is going to have from being 'at this location.. I just urge you to cut it out. Stop giving away our public
parks. This is a very well used park, particularly where you're planning on putting cruise ship lines.
People come over there to rest, to clean their cars while they're watching the ship activity and the
seaplanes going out, the helicopters going out. So what I'm telling you is that I urge you to just take it
easy, "espera:" You don't have to do -- conquer America in a few years, after at least 22 years of
inactivity and partially stupidity, too. So I think that you should wait on these projects until the current
projects are in place and working. Thank you.
Commissioner Sanchez: Thank you, sir.
52 11/16/00
Robert Parente: Good morning, gentlemen. Robert Parente, 751 Southwest 27th Road, in the heart of the
beautiful Miami Roads neighborhood, where, by the way, Saints Peter and Paul is having their fall festival
this weekend. I'd like to invite you to come out to it.,
Commissioner Sanchez: Congratulations on your first meeting.
Mr. Parente: Thank you, sir. Thank you. I'm here not as a private citizen. I'm here as the chairman of
the City's Waterfront Advisory Board, and I was asked by a unanimous proclamation to be here this
morning. For two years, over two years, the City Waterfront Board --
Commissioner Regalado: Excuse me. Can I just interrupt you? Because I think it's important, and in a
way, it was my mistake. There was an item on the Commission's district that had to do with waterfront
property. That has been withdrawn by the Administration and myself, because, among other things, it did
not went before the Waterfront Advisory. I just want to make that comment.
Mr. Parente: Thank you, sir. For two and a half years that I've been on the board, we have tried on
numerous occasions to convince City staff that a mega yacht marina was the proper use for, I think the
northwest quadrant, however it's defined, that part of Watson Island. For the longest time, it languished.
It didn't go anywhere. And then because this Commission, rightfully so, getting frustrated, asked City
staff to get moving on some RFP's. Well, the analogy I'd like to use is, if you're going to make a stock
when you cook, and you get all the right ingredients in the pot, you put it on the burner and you cook it at
a slow, steady pace, properly. When you take it on the burner, off the burner, on the burner, off the
burner, and then you think by putting it back on and turning it on full blast high heat you're going to have
it come out right, you're not. OK? I'm a chef I know. And what's happened is, is that because you guys
are frustrated and you want things to happen -- We couldn't be at the last meeting when the RFP was
explained to you, because of short notice. We're volunteers. We weren't able to come here. I hope I can
keep going. We're volunteers. We weren't able to come here and present our side. We had no meetings
with staff as to what the framework of the RFP would look like. We had no workshops with them. Plenty
of people interested in doing that. None were called upon. And now, we're here today. I received a 40-
some odd page RFP framework on Thursday. The members of my board, which met two days ago, got it
that night. It's a very extensive document. We don't have huge arguments with it, but I will tell you this:
In the original drafts, it says mega yacht marina in the items before you, and then that changed -- are you
doing that, or does it do it on its own? -- And then it changed to just the words "marina." The words
"mega yacht marina" are gone. They are still in the RFP. But let me tell you something. They're not
defined at all clearly enough to really explain what the developer needs to do. The City staff will tell you
that they've included marina use as a must for this site. But in the presentation we had here on Tuesday,
we said, but wait a minute. A developer could come and say, we'll put in 20 boat slips. Then we'll put in
Bayside -- I mean another Cocowalk and a 400-room hotel, but we've achieved the marina use. Let me
tell you what you have there. The last City -owned property that has deep -water navigation and a turning
basin. So that means not only can you do mega yacht, 80 and above, but your 100 to 120-foot yachts,
which are being built faster than the slips are being created for them, that's the place to do them. A
developer could totally ignore that. The return on investment to the City over the long period, long after
the developer has gone, packed his bags, got his short-term revenue and left, we'll be short-changed if you
don't put mega yachts in there. It's the last place the City can do it. I won't go on. I have more facts and
figure. But you want to know something? They're scattered all over. Why? Because I didn't have time
to do my homework voluntarily, at night, over a period of time where I can do it properly. And I
53 11/16/00
respectfully request the Commission to allow City staff to work with us over the next month. Every
member of my board has the RFP. We're going to tear it apart, work on it. We have a meeting Tuesday,
December 1It. , and we'd like to have the City staff come back for final approval on the 13th after we've
had time to workshop with them and work on this, especially the mega yacht part. It's got major holes in
it, especially as to the return to the City on investment regarding the mega yacht portion of the thing. I
know they put in points for it, but it's got huge doors open where that could .be ignored, and we think
that's a major problem.
Note for the Record: Commissioner Regalado exited the Commission Chamber at 11:40 a.m.
Vice Chairman Gort: Thank you, Robert. Also, the last time after you made your presentation, I think
you limited it to "X" amount of feet. I got a call back from some people who said we should go beyond
that, a hundred and something.
Ms. Bianchino: No. Just to clarify, we have not limited anything. And I wanted to just respond to Mr.
Parente. "Mega yacht" is specified throughout this document. It's in bold. It's preferred. It gets extra
points. It's there. I mean, if you want to make it a require use, we can, but we don't want to foreclose any
options that we might have with responses.
Commissioner Winton: Hold on. Mr. Chairman, it seems tome that we, as a Commission, ought to do
one or two things. We either ought to -- if we're going to have these advisory boards and we set them up,
then we ought to use them the way that it's been directed to use them. If we're not going to do that, get
rid of them. Quit wasting these people's time.
Commissioner Teele: Here, here.
Commissioner Winton: So I know we're in a hurry. I'm in a hurry. Dena, you're in a hurry. But the
process ought to be -- and frankly, I think it's a -- particularly in this instance, I think it's a safe process
for us, because they've got some levels of expertise that we don't necessarily have internally, and they
could be looking -- they're advisory. They don't make the final decision. We do. But they've got a
different -- they've got different levels of expertise. They've got a different look at this thing that could
allow us to make this RFP probably maybe better. But we decide at the end of the day if we think their
suggestions are better or worse. But it really doesn't hurt us to get that input. In fact, it helps us. So from
my view, as much as I'd like to get this thing rolling, it seems. to me to be in our best interest to send this
back to the Waterfront Advisory Board, give them the month, work with them. They're willing to spend
the time. We ought to work with them, get their input and bring this thing back to the next meeting.
Carlos Gimenez (City Manager): Mr. Chairman.
Vice Chairman Gort: Yes.
Mr. Gimenez: I would -- we are under certain time lines. This particular -- because of where it's at, we
have to go to a referendum in November. If we, you know, delay the process, we may not meet that
deadline. And then you're going to have to go for another -- only God knows how long -- before we get
another election, because whatever happens under the process, we have to hit that November referendum,
or else nothing is going to happen. So, you know, I urge you to -- we need to move on. We've been
54 11 / 16/00
talking about this for a long, long time. And my indications are that we've made numerous presentations -
Mr. Parente: No. I'm sorry, I -- can I rebut that?
Vice Chairman Gort: Excuse me. Excuse me. Excuse me. I'm going to conduct the meeting, please.
OK?
Mr. Parente: Yes, sir, Mr. Gort.
Vice Chairman Gort: Thank you. We go through the Chair. Mr. Clerk, what is the -- which election are
you talking about? November of next year?
Ms. Bianchino: Yes.
Vice Chairman Gort: What's the last date you can have something ready to take it to the --
Walter Foeman (City Clerk): Is it a Charter amendment issue or just a referendum?
Ms. Bianchino: It's just a referendum.
Mr. Foeman: The Supervisor of Elections hasn't prepared the schedule for the 2001 elections, but I
believe it's anywhere from 45 to 60 days that you're looking at.
Vice Chairman Gort: Before the election?
Mr. Foeman: To get the legislation to the supervisor. But then we have the advertising requirement. We
have to advertise it in the fifth and third week prior to the election.
Vice Chairman Gort: All right. OK. What we need to understand is if we want to get it in next year's
elections, you have to put this out, they have to answer, and you have to give -- how long do you have to
give them before they can answer it?
Ms. Bianchino: Well, the minimum --
Vice Chairman Gort: I know by -- we have to --
Mr. Foeman: The reason why I asked, you know, if there is distinction with the Charter amendment issue
is because with the Charter amendment, it's a longer time line. But just for a referendum issue, I'm --
Vice Chairman Gort: No, this would be a referendum. But my understanding is if we have an RFP that
goes out, we have a set time that we have to give. My understanding is three. months?
Ms. Bianchino: Yes, sir, and I might explain that we have put longer than three months in here, because
we want to be able to market this property sufficiently and give people an opportunity to put together
proposals. And I wanted to say -one other thing about -- The RFP was, in fact, not sent to the Waterfront
55 11/16/00
Board until shortly before their last meeting. However, this entire concept, the mega yacht, everything
we're talking about here has been discussed with the boards for over two years.
Mr. Parente: Mr. Chairman, would you give me a chance to rebut that? I'd like to.
Vice Chairman Gort: Yes, I'll let you speak, OK? Any other Commissioner?
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: We're in a public hearing mode. Commissioner Regalado did want to -- he walked
out and said, "Please tell the Chair I'd like to vote on this when we get back." So --
Vice Chairman Gort: Bring it back later.
Commissioner Teele: Today. But let me say this: I'm in 100 percent with the statement of
Commissioner Winton. It doesn't make sense to have boards if we don't work with these boards. And
mailing them a copy is not working with them. Now, look, every time there has been anything involving
waterfront, they come in here and they want to be heard. So somebody ought to get it after a while. These
folks are not going away. They're not going to go back home. They're going to keep -- You know, you
got even more of them squirreling around now, ready to join in. And they're just doing their job. They're
not being paid, and it doesn't make sense to have a board if we're not going to listen to them. We said
before we wanted a workshop. There is no way I'm going to vote to move forward without a sit-down
workshop with the Waterfront Board on this item. It's too important. It's too big. Now, I'm not -- I don't
want to take the place of the guy who used to be here that would always say, "Well, I remember," but I
remember when I first came to Miami in 1984, a guy named John Hall came to town, and the guy who did
the Firehouse Four. What's his name? John Meyer. OK? And this thing was out on the street then,
around '85, '86, '87. And the same discussion that we're hearing now from these people, the waterfront
people was the same discussion. Now, I don't know anything about boating. I don't know anything about
marinas. I don't even like being on boats. But the one thing I do know is this: Back in '85, they were
talking about mega yachts, and that this is one of the few places in all of Miami where you can have mega
yachts, because it's something about the draw, and all of this and all of that, stuff I don't really
understand, and that if we don't do anything here, we should make this, not for the purpose of what's
commercially viable, necessarily, for Miami today, but what is commercially viable for Miami in the
future, that this should be a mega yacht facility, first, second and foremost. That was the discussion with
John Meyer and a young black fellow named John Hall, who is now the president of Peoples Bank, and
has done a tremendous job of serving this community. This was the project that brought all those folks
here. And I don't see a consultant's report from a marine expert. Now, that's what I need for this. I need
to see the consultant's report on the marine experts as to what the yacht capacities are, and where, this
whole thing is going, because it's easy to say we want a marina. But I do think if there is a shortage of a
certain type of marina.-- and, you know, we're not talking about mass appeal, now. We're talking about
people who don't mind paying ten thousand dollars ($10,000) a week for a -- or whatever the right number
is for a marina. We're not trying to talk about, you know, arguing about "Are they going to pay for the
lavatory service or the electrical service?" And this is a very small, but a very growing group of people. I
really do believe that the mega marina should be on the title of this thing, based upon what I heard in '85,
56 11 / 16/00
'86, '87. Now, maybe I'm out of date. Maybe that needs to be updated. But I'm not hearing that now. In
fact, the mega marina is built in as a bonus point the way I read it. I want to just focus on one other thing,
Mr. Chairman. There's 60 points in here. And I'm listening to Tallahassee with all of the things that are
going on. I think one thing everybody is either in favor of, either take your time and get it right, or get it
done right away. So, you know, I don't want to bring the Tallahassee problem in here. But I'm sort of, of
the view that we ought to take our time and do this thing right. There's 60 weighted points in here that are
totally subjective. And I'm referring now to the scoring system, because that's the first thing I look at, is
the scoring system in these things. The overall plan and design of the development is 20 points. The
experience and capacity of the development team is 20 points. The minority participation is five points.
That's 45 points. And the financial capacity, which is, quite candidly, just how rich you are. So between
management, the overall plan and design and how rich you are, you're already up to about 65 points. And
you know what bothers me about this? It's that personally, the least subjectivity in this, and the more
objective, the more comfortable I'm going to be. I want to start out with somebody explaining to me why
the financial return to the City isn't 50 points, because, I got to tell you something, dollars, you can
quantify or you should be able to quantify. And as far as I'm concerned, bearing the financial return to the
City argues against rushingthis thing, because if we are really concerned about the financial return to the
City, that ought to be 50 points, or somewhere up there. And I'm not proposing any particular number,
but that bothers me tremendously about the way this RFP comes to us, particularly in the context of time.
And I really would like a more thorough explanation of how we get to that, because all of these things are
very, very subjective. And quite candidly, they have nothing to do with the benefit to the City. I'm not
saying they shouldn't be there. I'm not saying they shouldn't have a point. But 65 points for subjective
things -- minority participation, financial capacity -- you're either rich or you ain't. It means the guy
coming in off the street doesn't have the financial capacity, but that doesn't accrue to the benefit of the
City of Miami. It does in the sense that if you get somebody that comes in and can't do it, you got a
problem. But the point that I'm arguing for is that I want to see the financial return to the City as certainly
something that we give a very high dignity to, in terms of the point system. And finally, the selection
committee process is totally -- I can't find it in here. Who is going to appoint.the selection committee? Is
the committee -- the evaluation committee that recommends, is that going to be approved by the board, or
is it going to be approved by the Mayor? And where is that in here? Just help me find that.
Ms. Bianchino: We would come back to you. You will appoint the selection committee.
Commissioner Teele: Just show me where it's at in here.
Ms. Bianchino: It's not in the RFP.
Commissioner Teele: No, no, no. I'm not talking about -- I'm talking about in the supporting documents.
You have time lines of issue -- you have a schedule, but I don't see that in the schedule -- issues of RFP, a
submission date, negotiation referendum. This is very detailed. But, you know, the real meat of this thing
is empowering a subjective group of people with making a recommendation. And I'm telling you, Dena,
that's not in here in this schedule.
Ms. Bianchino: It is in the schedule, sir. And I would -- the process would be that you would select the
committee.
57 11/16/00
Commissioner Teele: Where is that in the schedule? It's on page 28. And I may have misread it, and I
apologize.
Ms. Bianchino: It's not in the schedule.
Commissioner Teele: Well, going back to `85/'86, there were more fights over who was going to be on
the committee than anything else historically; because I think it's very, very important that this
Commission and the Mayor, through the power of veto, have the right to do it. This is something I want
done right out here in the sunshine. I don't want to read in the newspaper that, you know, da-da-da-da-da.
I mean, this is something, to me, that has -- and it has even more importance when you weight this whole
criteria on subjective things.
Ms. Bianchino: Commissioner, could I respond to a few of those points?
Commissioner Teele: Yes, ma'am.
Ms. Bianchino: You do pick the committee, and if it's not clear in here, I apologize for that, but you do.
In terms of the subjectivity of the criteria, Watson Island is a tricky piece of property, because it has to
have a public purpose. We felt -- and it has to pass a public referendum. Financial return to the City may
not be the best criteria for us to look at. We could have someone come in here with a mega mall that's
worth 50 points, and they get the bid, but we know the voters are not going to approve it. So --
Vice Chairman Gort: Neither are we.
Ms. Bianchino: Right. So the problem with this RFP, unlike others -- others are different -- because of
the public purpose,. we put in these other criteria, because it's going to be a very delicate balance. It's not
just the money. The other thing I just wanted to respond to is we've had -- in our experience on RFP's,
we did not look carefully enough at the financial capacity of the developer. We went through a process.
We picked the developer, and then we found out this team couldn't get any financing, and why did we
waste all this time. So we feel that it's very important to really go look at these people, make sure they
have the capability, because that's half the battle right there. They've got to get the financing on this. I
mean, if you want to raise the financial return some, that's no problem.
Commissioner Teele: No, ma'am. I want you all to look at the context of the concern -- I agree with
everything that you have said, but I *also would ask you to do one thing. Let's separate the roles. I don't
think that the selection process should give a -- should even consider the referendum. I think that's an
inappropriate consideration. I think the Commission is where that should be. I mean, I think what we're
asking the staff to do is not to play the politics around here, not to count votes, ever, but to give us the best
professional recommendation as to what's in the best interest of the City. And, you know, maybe the
voters won't vote for it. But what we need, I believe -- and I may be a minority of one here -- from my --
from the staff that I -- you know, I got people around me that advise me politically, and all of that, and all
that. What I need from the staff is the best professional recommendation, without regard to the
referendum, without regard to how the five of us feel, necessarily, in the context of personal feelings. But
what is the best professional recommendation, based upon the policies? The point you make is good.
Traffic is a problem. We don't want to approve something that's going to create, you know, a level five,
four or five on our roads. I mean, you're absolutely right. And I don't think the financial issues are the
58 11/16/00
only thing that we should consider, but I do think financial -- objective financial considerations should be
given more dignity. And I totally agree with you that financial capacity -- a la Sherman Whitmore --
financial capacity should be a -- But you know how I view that? I think it shouldn't even be a question of
points for that. I think they should be deemed non -responsive bidder, Mr. Attorney. I really believe that.
I think financial capacity should be at the essence of a responsible bid versus a non -responsive bid. I
don't think we ought to give people brownie points necessarily for financial capacity. I think that ought to
be a non -responsive bid. Otherwise, anybody who can come up with a bond, anybody who can come up
with the bond -- what is it? Twenty-five thousand dollars ($25,000) or whatever it is? Anybody who can
come up with the bond can submit a bid. But I've got to tell you something. I have a totally different
view. I believe a person who does not clearly demonstrate or a team that does not clearly demonstrate
financial capacity shall be deemed as a non -responsive bid. We shouldn't even entertain it any further.
And that's what kills us, is we let these people in the door, and then they start arguing. They start hiring
lobbyists; they start hiring lawyers, and pretty soon, just -threw them out.
Ms. Bianchino: Commissioner, I don't disagree at all. And if you -- if the Commission prefers, we can
make that a threshold item. And then if -- you have 20 points. If you want to add it to financial return --
Commissioner Teele: I think there should be a financial capacity in which the truly responsive bidders are
evaluated against each other. But I think there should be a threshold.in which -- that if somebody isn't in
the opinion -- and we ought to say -- in the opinion of the selection committee, and the financial advisors
and whatever -- and we ought to have a financial advisor assigned to this thing, to do nothing but
determine the financial capacity. And they ought to start out by hiring a private detective or whatever,
based upon the information on the web site, to determine what they are. We shouldn't read in the Miami
Herald or in the, you know, Sun Sentinel about somebody filed 14 different bankruptcies, and da-da-da-
da-da-da-da, and none of us know it. You know, we ought to really do that kind of -- and we ought to
make that a part of this RFP.
Ms. Bianchino: We can do that.
Commissioner Sanchez: We do, don't we?
Commissioner Teele: No, we don't.
Commissioner Winton: Mr. Chairman could —
Vice Chairman Gort: OK. What's the -- What action do you guys want to take?
Commissioner Winton: Well, I have a suggestion.
Commissioner Sanchez: Don't we do due diligence on --
Commissioner Teele: Not in the past. Not in the past.
Commissioner Sanchez: Well, I think that I've made it very clear many times here, and I know that some
of my colleagues have, that in -- if we're going to deal with people that want to come here and do
59 11/16/00
business, the first thing we've got to do, just like in the private sector, is due diligence. Find out if they
really, you know, have what they're offering.
Ms. Bianchino: Absolutely. We do background investigations. We do all sorts of things. We check their
credit. Commissioner, I have maybe a suggestion that might work here. If you could approve this in
concept —
Commissioner Winton: I was just going to suggest that.
Ms. Bianchino: It is a draft. And then if we could work with the Waterfront Board, maybe we can work
with them to the extent that it doesn't even need to come back to you. If we can't reach agreement with
them, then we will come back in December.
Commissioner Winton: Right. Right.
Ms. Bianchino: But there may be issues with the Waterfront Board. We can just work with them and try
to resolve them.
Commissioner Winton: Yeah. And I think that is a good suggestion, that --
Vice Chairman Gort: But it's got to come back to us.
Commissioner Sanchez: Johnny.
Commissioner Winton: Yeah. Well, no
Commissioner Sanchez: Johnny.
Commissioner Winton: It wouldn't require an additional vote if the Waterfront Board and the staff agreed
to all the issues. It would be on a time line that's still moving forward, and we wouldn't have skipped
anything. However, if the --
Commissioner Sanchez: Johnny, it's my understanding there's only one issue, the mega yacht. Is that the
only --
Commissioner Winton: No, I don't think that's the only issue.
Commissioner Sanchez: There's more issues?
Commissioner Winton: We don't know if that's --
Mr. Parente: Well, there are some other items.
Commissioner Sanchez: Oh. So I don't think you guys are going to resolve it in one month.
Commissioner Winton: Well, I don't know why they --
60 11/16/00
Commissioner Sanchez: I don't think so but --
Mr. Parente: I think that the majority of the board is focused on the mega yacht part. Commissioner
Teele has just raised a whole series of other issues that we weren't even -- that's not even in our bailiwick.
Commissioner Teele: I think that's an -- I think the Attorney ought to get in this, and get off the phone,
because this is an -- what you're proposing is an unlawful delegation. We have to approve this thing, and
we approve it after they approve it. We can't approve it subject to somebody who's providing advice to
us doing it, in my opinion.
Vice Chairman Gort: Gentlemen --
Commissioner Teele: And I just -- I think that's a -- even if it's legal, I think it's a terrible precedence.
Commissioner Winton: Right.
Ms. Bianchino: What if we require a I --
Commissioner Teele: Even if we have to come back for three minutes and approve it, I mean --
Vice Chairman Gort: Gentlemen, I have a request from one of the Commissioners that he would like to be
present when we vote on this, because he has some items that he would like to discuss, and I have some
additional items that I'd like to discuss, too. So let's bring it back.
Commissioner Teele: Mr. Chairman, let me say this: I think we should be very careful about the way we
give away our authority. There is nothing wrong with us agreeing that we'll have a special meeting on
this. We're going to limit it to 30 minutes to approve this thing after the Waterfront. Advisory Board has
given it. But we really should not, I don't think --
Commissioner Winton: No, I don't disagree with you.
Commissioner Teele: -- as a legislative body just start saying, you know, da-da-da-da-da.
Commissioner Winton: Well, see, Commissioner Teele, with all this experience you have, you keep
getting -- keeping -- you keep pulling me out of this hot water. So that's good.
Note for the Record: At this point, agenda item 3 was tabled.
61 11/16/00
10. TABLED: DISCUSSION CONCERNING CLAUGHTON ISLAND MARINA (SWIRE
PACIFIC HOLDINGS) (See #56).
Vice Chairman Gort: OK, we'll be back at 3 o'clock. Before -- let me ask you a question. We have item
44 that they've been sitting here and waiting for, for a while. Is that -- it will take a lot or is it discussion?
It's a discussion item.
(1NAUDIB,LE COMMENTS)
Commissioner Sanchez: What time would you like?
Robert Parente: Pardon?
Commissioner Sanchez: What time would you like?
(INAUDIBLE COMMENT)
Mr. Parente: That's fine. I have to be here at 5:00 anyway for those PZ (Planning and Zoning) items. I'm
going to camp out here for the rest of the day. Thank you, gentlemen.
Vice Chairman Gort: Item 44, is that --? .
Alejandro Vilarello (City Attorney): Commissioner, as I understand it, the documents aren't even
completed on that item. So I would request that it be considered later in the afternoon.
Vice Chairman G6rt: OK. Okie doke. We'll be back at 3:00.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:06 P.M. AND
RECONVENED AT 3:20 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
62 11 / 16/00
11. MANAGER TO TOW UNAUTHORIZED VEHICLES OFF PUBLIC RIGHTS -OF -WAY AND
PREPARE COMPREHENSIVE PLAN REGARDING PROPER AUTHORIZATION FOR SAME
THROUGH LEASE OR CONTRACT FOR STREET. EXCAVATION REPAIRS -- MOONS
ENTERPRISE CLOSE TO CAMILLUS HOUSE.
Vice Chairman Gort: I apologize for being late, but, Mr. Manager, I know it's a little out of the order, but
if possible -- Do we have Public Works in here and Rollason's here, right? Mr. Manager, I know we've
had this discussion many a time, and I hate to do this. But I just got a call from a gentleman by the name
of Muller (phonetic), and he owns Moon Enterprise. Moon Enterprise, Mr. Muller. His name is Muller
and he owns Moon Enterprise, right across from the YWCA (Young Women's Christian Association) on
5`h Street. I was there the other evening at about 11 o'clock. They were tearing up the sidewalk. They
were really interrupting his business. And this is a man that's trying to make it in a very difficult area. I
went there and I talked to the person in charge of the subcontracting in that area. And they made a
commitment that they were going to repair the sidewalk. This was about a week ago. Today, I got a call.
This gentleman is trying to get the press. He's trying to get everybody, because the subcontractors in this
City are doing whatever the hell they want. And excuse the language. I mean, they destroyed some of his
property. They damaged his fence. And somehow, I think we in the City need to take control over these
subcontractors. The other day, I was going through Southwest 81h Street at 8 o'clock in the morning, and
you had three lanes blocked in Southwest 81h Street at rush hour. And there were no police officers,
nobody controlling the traffic in that area. Somehow, we need to coordinate this, because everywhere I
go, I mean, I'm having a lot of problems, a lot of phone calls. I don't know if the other Commissioners
are having the same problem that I am. But believe me, this is getting out of hand, and somehow, we need
to control this. I don't know how you're going to do it, but we need to do it, because the complaints that
I'm getting every day, it's ridiculous. I mean, this is a gentleman that is really working hard to make his
business go. This is a very easygoing gentleman. And the way he called me today, I mean, I've never
seen him this way. And I have known this gentleman for many years. We need to do something with
these subcontractors. I know we want to be business friendly, but not at the expense of our citizens, and
our streets and our sidewalks.
Carlos Gimenez (City Manager): Mr. Chairman, could we have the address again where this particular
problem was? And we'll get together with Mr. Rollason and Mr. Jackson to see if we can come up with a
plan of how to better monitor the work that our subcontractors are doing.
Vice Chairman Gort: You know, we've been talking on this -- I think it's been six or seven months that
we're discussing this. Somehow, we need to coordinate the subcontractors, because these guys, they think
they own the streets, and it's not fair. If we need topull their permits, or put fines, or whatever, we need
to do something.
John Jackson (Director, Public Works): Yes. John Jackson. Would you give me the address? Do you .
have the address?
Commissioner Teele: It's 3rd Court --
Vice Chairman Gort: John, I've given you the addresses many a time. I'.ve given all the complaints to
your office. You've got them all. You've got them all. And I don't think this should be issue by issue. I
think we need to set a policy where we can control this.
63 11 / 16/00
Mr. Jackson: Yes, sir.
Mr. Gimenez: Yes, sir.
Commissioner Teele: Hold on just one minute. Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Mr. Chairman, just for the record, you're talking about Moons Enterprises, which is
there right next to the Camillus House Health Center.
Vice Chairman Gort: That's just one of them.
Commissioner Teele: Third Court and about 6th Street. But Mr. Chairman, let me say this: I commend
you, because, you know, I have come in here several other Commissioners have said this. You know, we
just submitted this thing on the strategic plan to the Oversight Board. And the one thing that is missing,
Mr. Jackson, the one thing that is missing is the thing that this Commissioner has been saying ever since
I've been here. I'm going to say it one more time. We are giving away tens of thousands and millions of
dollars by not having a permitting process that forces these contractors, number one, to do exactly what
Commissioner Gort is saying, get control. You know, they own the streets. There is no telling, on any
given day, when any of us wake up, who is going to be where, doing what. And it is not nearly -- it is
much worse than what the Chairman has just described. In addition to all of that, you've got Water and
Sewer from the County that is digging up the streets. And we need to have a permitting process. They
need to pay us a fee to do that. And if you start collecting a fee every time everybody -- for the staffing,
and the administration, and the whole nine yards to do this, plus, as we talked about before, requiring that
they can't just turn this town into a series of snakes along the road, you know, these roads, because they
just come in -- We should require them to complete entire sections or make a payment in lieu of, you
know. And we're hiring these consultants. You all identified two million dollars ($2,000,000) for code
and zoning. You identified money for consultants to improve this, that and the other. We need to get
some consultants in here to write some rules relating to public works and the use of our streets,
specifically targeted to water and sewer, but specifically also, given the technology that is -- the cable and
technology contractors that are just tearing up the streets. And I'm in total support of what the Chairman
has said. I think we need to go out there and shut. some people down. And while I'm on the point, Asset
Management, these people park their trucks, and their cars and their cables all over City of Miami
property. I know it. They do it in the CRA (Community Redevelopment Agency), on CRA property.
They sit down and they pay every private contractor -- every private property owner in this town to use
their property. But you know what? If it's City property, it's free. And we need to send a very strong
message that the free lunch is over for all of these cable and these water and sewer, these various operators
that are using our streets, and indeed, using our land. And I think the Asset Management people with the
Police Department need to go out there with some of these tow truck operators and tow some equipment
off of our land. And Mr. Chairman, if you would permit, Mr. Attorney, I would appreciate if you would
draw up a resolution that instructs the Manager to tow property that is -- tow equipment off of City
property unless there is an authorization to be there of any cable, or contractor, or equipment, lighting
equipment that is on City property, because as long as we just continue to act like the City of Miami of old
-- that's why we got bankrupt. So I'm 100 percent with what the Chairman is saying.
64 11 / 16/00
Vice Chairman Gort: There's a motion and a second. I know there's a lack of inspectors, and this is what
I've been hearing, but from now on, I don't want to hear any more excuses, because, I mean, our citizens
are the ones that are suffering the whole problem. And this is a continuous problem. My understanding is
other companies can come in and open up, and there is no coordination. And we need to coordinate all
those companies and charge them for it. There's a motion and a second.
Commissioner Regalado: Mr. Chairman, just briefly.
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: We expect the best service from every department, but in the last month -- and
personally, I think that I am the one that requests more items from Public Works. And I understand that
they have an overwhelming situation in their department in terms of requests, and needs and projects.
Some of this money that we are talking about, strategic reserves and surplus should be used. For instance,
there is about a three- to four -month backlog in tree trimming. Right, John?
Mr. Jackson: Yes, Commissioner, primarily due to bucket trucks that we do not have that is being
repaired.
Commissioner Regalado: OK, bucket trucks. There is a guy in Shenandoah that -- he works for the
Public Works Department, and he was trying to trim a tree standing up on the roof of a pickup, trying to
reach. And he told us, "Well, you know, that's the highest I can reach," because he had to jump on the
bed of the truck, and then on the roof, and then trying to cut. I mean, that is something that is pretty
bizarre, because we don't accomplish -- the people still get upset, .because they don't get the service, and
we still have this huge backlog. And the problem that I have is that every time that I get from the
Manager a memo responding to one of my 200 or 300 memos a week, you know, you get a date. The tree
trimming in that address will be done the week of October 301h. So I go there and I tell the people, don't
worry, that the tree will be trimmed. And then three weeks after, they call and say, "What is it with you?"
Not with the Public Works. They say, "What is it with you? You know, you told us that you're going to
trim the tree." So what I'm saying is that, you know, we -- I know that we request a lot from the
department, but we've got to give you the tools and see if you can perform if you have the tools. But
when you have somebody, you know, it's like a circus worker, you know, trying to cut a tree from the roof
of a pickup truck, it's very difficult to see that we can accomplish something. And I know that you were
trying to rent a bucket truck or something like that, but I don't know what we can do. But, you know, I
think that in terms of tree trimming and storm sewer cleaning, we should use the winter and the spring
months to do whatever we have to do, and not wait for June, in May or June, because then we're going to
see the rainy season and the hurricane season. So I don't know, Mr. Manager. I could complain about the
lack of timing, but I understand that there is a lot that has to be done by the Public Works Department.
But I'm just saying that they need, you know, a little help from us and from you.
Mr. Gimenez: Commissioner, if I can --
Vice Chairman Gort: Commissioner Teele. Commissioner Teele.
Mr. Gimenez: We've started a process --
65 11/16/00
Vice Chairman Gort: Excuse me a minute. Wait a minute. Commissioner Teele, what was your motion?
Commissioner Teele: Mr. Chairman, my motion with the City Attorney's assistance, is -- Mr. Attorney,
you want to frame the motion properly?
Alejandro Vilarello (City Attorney): The motion was to instruct the City Manager to remove any
equipment and/or vehicles that are placed on City of Miami property, to instruct the Manager to have
those vehicles or equipment removed from City of Miami property.
Commissioner Teele: Without permission.
Vice Chairman Gort: Could you amend your motion, also, to state that by next board meeting, I'd like to
have a comprehensive plan of how we're going to deal with this?
Commissioner Teele: Absolutely, Mr. Chairman. And your aides are passing out a memo that you signed
on February 2000, as well as a Commission item on February 1 Oth that further instructed the Manager to
develop fee standards for companies performing street excavation, and further instructing the Manager to
hire consultants that can advise the City on the matter, and further requiring the Manager to develop a cost
matrix, to the extent the law allows, showing the services that the City provides to ensure that this fee does
not become a tax, all relating to the same area that we're talking about. That was done on February 1 oth,
again. So I mean, you know, this is not new. But that -- I would amend my motion as you've requested,
Mr. Chairman.
Vice Chairman Gort: Thank you. Mr. Manager.
Commissioner Teele: Including, also, that the Clerk be instructed to provide legal notice, public notice
regarding these matters, and whatever further executive orders that the Manager or the Mayor may issue
on this matter.
Vice Chairman Gort: Thank you, sir. Will the seconder of the amendment accept that -- seconder of the
motion?
Commissioner Sanchez: I believe -- Johnny, did you second?
Commissioner Regalado: Yes.
Vice Chairman Gort: Thank you. Yes, Mr. Manager.
Mr. Gimenez: I just would like to inform the Commissioners that we agree that a lot of the problem is that
Public Works needs more resources. And there's some other departments that actually provide services to
the citizens that need more resources. We started a process to look at vacancies, and also positions that
may be better served in other departments that actually provide those services to actually give them more
resources, also give them the tools that they need, because he's right. Even though we may give them
more people, a lot of the problem is that they don't have the proper equipment to do the job right. And it's
a problem that's been going on for a long time. I'm going to try to resolve it. It won't be resolved by
66 11 / 16/00
tomorrow. But we're making strides to give them more people and more resources to do the job. And
hopefully, by the end of the year, you're going to see some results in that area.
Vice Chairman Gort: Mr. Manager, I think it's something we requested a long time ago, and we've been
at it for a long time now, and I'd really like to see something done. At the same time, my understanding is
our administration has had meetings with the subcontractors. My understanding is you've had two or
three meetings discussing the same issues. And somehow, they're not listening to you. So somehow, we
have to put some teeth into it, because we get ignored all the time. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: At the same time --
Commissioner Teele: Mr. Chairman, on that point -- and I want to say this one time to the Manager. If
there is any department in the entire City -- and where is the GSA (General Services Administration)?
Where is the union representative? I don't want, to say something behind his back. If there is any
department that cries out for contracting services, it's Public Works. Hiring people and buying equipment
for Public Works is not the right answer, in my opinion. It cries out. The thing that Commissioner
Regalado described, the Manager has the authority, for forty-five hundred dollars ($4,500) -- there's at
least 50 different companies in this City that have the equipment that could do the tree cutting services.
There is no reason to have the Risk Manager's Office being ready to write a check for five hundred
thousand dollars ($500,000), while some guy does an acrobatic act from the truck bed to the -- I mean this
is -- only government would do this. Only government would do this. That is like a Risk Management
disaster waiting to happen. The cleaning out of these drainage things cries out for contractors to come in
and help you out on this. These are tasks that literally, there are people that you could mobilize to do this
within a matter of five days, because the County's got contractors on miscellaneous task orders to go in
and clean out this stuff. So I just don't understand why we keep talking about hiring people, and buying
equipment, given the problems that we have in this City. I don't understand it.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-994
A MOTION INSTRUCTING THE CITY MANAGER TO TOW ANY
UNAUTHORIZED VEHICLES OFF THE PUBLIC RIGHTS -OF -WAY;
FURTHER DIRECTING THE CITY MANAGER TO PREPARE A
COMPREHENSIVE PLAN REGARDING PROPER AUTHORIZATION
FOR SAME THROUGH LEASE OR CONTRACT AND COME BACK
TO THE COMMISSION WITH A RECOMMENDATION AT THE
NEXT COMMISSION MEETING SCHEDULED FOR DECEMBER 14,
2000; FURTHER INSTRUCTING THE CITY CLERK TO PROVIDE
APPROPRIATE PUBLIC NOTICE ON ANY EXECUTIVE AND/OR
ADMINISTRATIVE ORDERS THAT ARE FORTHCOMING
REGARDING SAID MATTER.
67 11/16/00
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
68 11/16/00
•
12. MR. MICHAEL J. SAMUELS AND MR. ED ASPER -- PRESENTATION ON MIAMI SENIOR
HIGH SCHOOL LEGAL & PUBLIC AFFAIRS MAGNATE MENTOR PROGRAM.
Vice Chairman Gort: Commissioners, as the Vice Chairperson, I'd like to pull two privileges. One is I
was requested by Judge Michael Samuels and Mr. Ed Asper to be here. They are going to make a brief
presentation about a program, which is very important for the City of Miami, especially for some of us
alumni. I'm sorry. Let's -- we called the roll on that. We all -- all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Judge Samuels.
Judge Michael Samuels: OK. Thank you. Honorable Chairperson and members of the Commission, my
name is Michael Samuels. I live here in Coconut Grove. And with me today is Ed Asper. Ed is the lead
teacher for Miami Senior High School Legal and Public Affairs Magnate Program, which is a new
magnate program at Miami High School. It's a program that will greatly affect our community, because
the kids that come out of this program will be the future leaders of Miami. These are kids that are
committed to the public positions, such as Commissioners, attorneys, judges, judicial assistants, people
that are going to work in the public sector. And as part of this program, Mr. Asper has developed a
mentor program, and what we would like to do is get one mentor for each student. There are 106 students.
Walking in here today, we had 72 mentors, and we've had several of the Commissioners who have already
agreed to become mentors. Commissioner Gort has been involved with Miami High, I think since the
beginning of this magnate program, and he is a mentor. Commissioner Sanchez is going to be a mentor,
Commissioner Regalado. Mr. Vilarello is going to be a mentor, and he's going to get a lot of the City
Attorneys to be mentors. Mr. Gimenez, I believe is going to be a mentor. And what this entails is a
minimal amount of time. It's about one hour per month to meet with a student at Miami High. And
during the month, just to have the student be able to call and ask questions that have to do with whatever
they're studying in their class at that moment. As Commissioner Gort said, Chairperson Gort said, I'm
going to be very brief. I'm going to let Mr. Asper. give you a few words. And anybody that would like to
sign up to be a mentor for this program, we have handouts for everyone, and we can supply you with our
telephone numbers to give us a call if you'd like to do that. Here is Mr. Asper.
Vice Chairman Gort: Thank you, Judge. At the same time, my understanding, in talking to several police
officers and people in the City of Miami they're willing to -- they're alumni and they're willing to do so.
And I would like to see, if possible, any other school within the City of Miami that we can do this same
program, extend the program, we'd Jove to do so, like Jackson, Edison and other ones. Yes, sir.
Ed Asper: Well, I want to also thank Chief Martinez. He's volunteered to be one of our mentors, and he's
been very instrumental in trying to help us in getting some officers involved. And briefly, what I want to
say about this program is our goal is to provide students this opportunity so that they could pursue this
career in the future. And one of the things that we want to do is, this is our very first year, and we're
hoping that maybe we could create some kind of a partnership with the City of Miami, so that it could
become not just something from the textbook, but we could make it a living laboratory, so that the
students could really experience what they have -- what they've been reading, and they could see it in
reality, and do different things throughout the City. We just don't want to take from the City of Miami.
We want our students to also give back to the City, and get involved in whatever programs that you need.
69 11/16/00
And our goal for the mentor program is to create, you know, to have them positive role models; so. that
they could see that they, too, one day can reach those positions. So I'm asking the Commissioners that if
at any time I could go to some of your districts and speak to parents about this program, so that I can also
try to get some students to come to our program, I would really appreciate it. And Miami High is here for
the City of Miami. Thank you very much.
Vice Chairman Gort: Thank you.
Judge Samuels: Just to mention a few other people that are involved. State Representative Gus Barreiro;
Ruben Carrerou, the Court Administrator; Bob Ginsburg, the County Attorney and several others. Thank
you very much.
Vice Chairman Gort: Thank you, Judge. And I'm sure we will continue to work with you. I know the
Chief and his police officers have done a great job in there, and we, as elected officials would be more
than glad to work with you. But at the same time, Judge, I would like for you to look at the program being
expanded to other schools, also. Thank you for being here, and I appreciate the work you're doing.
70 11/16/00
® 1 •
13. COMMENTS REGARDING RUGBY TOURNAMENT AT CURTIS PARK.
Vice Chairman Gort: At this time, I'd like to call -- if you all recall, we are co -sponsoring the rugby
tournament that's going to take place this weekend. And Mr. Felipe Velazquez is here to make a
presentation to all of you. This is going to be in Curtis Park.
Felipe Velazquez: Well, this is my topic, sports and rugby. Maybe a lot of people are not familiar. First
of all, I want to thank all the Commissioners for their support, and the City of Miami, to make this
possible. This is the logo of the event that's been posted everywhere. And to talk just very briefly about
what we're doing is rugby is the third most viewed sport in the world. Last year, the TV ratings were:
Number one, the world soccer; number two, the Olympics; and number three in TV ratings has been ruby.
Rugby World Cup '99, showing that more than three billion people are looking at this sport. In the U.S.,
it's one of the most fast growing sports. And in the State of Florida -- in the U.S., we have already 1500
teams. In Florida,. we have 15 men's teams, and we're trying to develop this at a youth level in promoting
this sport. The City of Miami has two of the seven first division teams in the City of Miami. And what
we tried to do for many years was to bring the attention of the world into the City of Miami. And to do
this, we had to develop an international event. We've been doing this for many years, trying to put this
together. We have been very successful, promoting it over in 50 countries. We are having some top
international teams coming into Miami this weekend, like the National Side of Chile that qualified for the
World Cup. We have the Jamaican National Side, and other very important teams. We look forward for -
- to continue developing this event year by year and creating in the world the word that Miami has a place
for international rugby, which we know will bring along a lot of people to the City of Miami. It will
promote the City of Miami. It will be a way of making the hotels and all the industries a lot of money
with rugby. So I thank you.
Vice Chairman Gort: Thank you, Mr. Velazquez. I understand you have some packages to give out to the
Manager, and to the Parks Department and to the Commissioners here.
Mr. Velazquez: Yes.
Vice Chairman Gort: You're welcome to do so. There are invitations to the events in there, so. Thank
you, sir. And I hope it's a very prosperous event that will come to Miami. Thank you very much.
71 11/16/00
9 •
14. DEFERRED: PROPOSED UNIFIED DEVELOPMENT PROJECT (UDP) FOR NORTHWEST
QUADRANT OF WATSON ISLAND -- REFERRED TO WATERFRONT BOARD (See #9).
Vice Chairman Gort: OK. Next order of business. Commissioner Regalado, we held number 3 for you to
come back. It's Watson Island.
Commissioner Regalado: OK.
Vice Chairman Gort: We have a request from the -- I think it was- the feeling of the Commission to defer
this and have them -- give them an opportunity to get together with the Waterfront Board and come back
to us.
Commissioner Regalado: I think we will be violating our own rules, so, you know, it's important. This is
important. It is important for the people that have some businesses on Watson Island to know what's
going to happen, but it is more important to get the input of the people appointed by this Commission. So
I would rather hold any comment until the Waterfront Advisory Board deals with this issue, and
hopefully, they'll send us their views and ideas on this project.
Vice Chairman Gort: Mr. Parente, and I hope you can get your board and our staff together as soon as
possible to have the workshop. The one thing that I'd like. to add to the =- and I apologize that I was not
able to go through the whole proposal. But the one thing that I would like to see in it-- and I remember
when I was a kid, one of the biggest attractions, my dad used to take me fishing with the fishing boat, and
that used to be a great tourist attraction. And it seems like today, it's unaffordable for tourists to come
here and try to charter a boat, or try to go on one of those fishing boats. I think we should try to maintain
that somewhere within the island. Thank you. Any other comments from any of the board members?
OK. Mr. Parente, please try to set up the workshop as soon as possible.
Mr. Parente: We have to do notice. For all of us to meet in the room at the same time, there has to be --
the Clerk and the Attorney knows -- there has to be some notice. We'll do the best we can. We'll meet.
Commissioner Winton: We have 30 days to get this figured out. Thank you.
Commissioner Sanchez: Well, wait a minute. Is this going to be --
Mr. Parente: Don't forget, we're volunteers, too, so..
Commissioner Winton: I don't care. We have 30 days to get this rolling.
Commissioner Sanchez: Mr. Vice Chairman, let's -- for a point of clarification, is this coming back at the
next Commission meeting?
Vice Chairman Gort: Yes. Yes.
Commissioner Sanchez: OK. So you all -- and what we need to do here --
Vice Chairman Gort: Definitely. Then we'll take a decision. Yes.
72 11 / 16/00
i
Commissioner Sanchez:. Well, what we need to do is here set the ground rules that they will meet with the
City Administration and iron out their differences, so when they come back again, this legislative body
will have --
Vice Chairman Gort: Will take a decision.
Commissioner Sanchez: -- the avenues to make the right decision.
Mr. Parente: Yeah. I mean, we're also going to expand on opportunities that we have mutual agreement
on. It's not just differences.
Vice Chairman Gort: OK. Thank you.
73 11/16/00
•
15. APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVE
PURCHASE OF ONE LIFEPAK DEFIBRILLATION/MONITORS, 12-LEAD EKG MONITOR, AND
RELATED EQUIPMENT FROM MEDTRONIC PHYSIO, CONTROL CORPORATION, SOLE
SOURCE PROVIDER, FOR DEPARTMENT OF FIRE RESCUE URBAN SEARCH AND RESCUE
(USAR) TEAM, $20,000; .ALLOCATING FUNDS FROM GRANT ENTITLED, "FEMA/USAR
GRANT AWARD (FY 2000).
Vice Chairman Gort: Item 4, sole source purchase, Medtronic Physio Control equipment. This is the
things that keep you alive in the case of emergency that they can apply to you.
Commissioner Sanchez: So move, Mr. Chairman.
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."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-995
A RESOLUTION (PENDING)
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
74 1.1 / 16/00
•
Upon being seconded by Commissioner Winton,. the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr..
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
75 11 / 16/00
16. APPROVE AND CONFIRM' MANAGER'S FINDING OF AN EMERGENCY, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE
ACQUISITION OF ELECTRICAL SPLICE REPLACEMENT SERVICES FOR PROJECT ENTITLED
"DINNER KEY MARINA SPLICE REPLACEMENT PROJECT (3' BIDDING) B-6325," CAPITAL
IMPROVEMENTS PROJECT NO. 326004, FOR DEPARTMENT OF PUBLIC WORKS FROM TRI-
CITY ELECTRIC COMPANY, INC., $201,875; ALLOCATING FUNDS FROM FISCAL YEAR 1999
GENERAL FUND AND FISCAL YEAR 2000 GENERAL FUND SURPLUS.
Vice Chairman Gort: Four -A. Dinner Key Marina Electric Splice Replacement Project. Department of
Public Works and Public Facilities deem Tri-City Electric Company to be the lowest responsible. bid at
thirty-four thousand, eight hundred and seventy-five.
Commissioner Sanchez: And what is this, please?
Commissioner Winton: Well, except it jumped to a hundred and sixty-three, didn't it?
Commissioner Sanchez: Christina?
Christina Abrams (Director, Public Facilities): It's two hundred and one thousand, eight hundred and
seventy-five. And that was to replace the electrical wiring that's going on now that was causing fires
underneath the piers, because they had deteriorated to such a severe point.
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Winton: So we're having to rewire the whole thing.
Ms. Abrams: Yes, all the piers.
Commissioner Winton: Second.
Vice Chairman Gort: That's the problem with salt water. It's been moved and seconded. Any further
discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
76 11/16/00
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-996
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR
FIFTHS (4/5Txs) 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 BIDDING PROCEDURES AND
APPROVING THE ACQUISITION OF ELECTRICAL SPLICE
REPLACEMENT SERVICES FOR THE PROJECT ENTITLED
"DINNER KEY MARINA SPLICE REPLACEMENT PROJECT (3m
BIDDING) B-6325," CAPITAL IMPROVEMENTS PROJECT NO.
326004, FOR THE DEPARTMENT OF PUBLIC WORKS FROM TRI-
CITY ELECTRIC COMPANY, INC., IN THE AMOUNT OF $201,875;
ALLOCATING FUNDS THEREFOR FROM THE FISCAL YEAR 1999
GENERAL FUND AND FISCAL YEAR 2000 GENERAL FUND
SURPLUS, AS APPROPRIATED BY THE ANNUAL
APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS
ORDINANCES, IN THE AMOUNT OF $197,875 FOR THE
CONTRACT COSTS AND $4,000 FOR ESTIMATED EXPENSES, FOR
A TOTAL ESTIMATED COST OF $201,875; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY 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 Commissioner Winton,. the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
77 11 / 16/00
17. CITY'S LEGISLATIVE PRIORITIES TO INCLUDE:
(1) PRESERVATION 2000 (FLORIDA FOREVER FUND), PROGRAM. STATE HAS
EARMARKED THREE HUNDRED MILLION ($300,000,000) ANNUALLY TO PURCHASE LAND,
TO DEVELOP PLAN AND SEEK AFOREMENTIONED FUNDING SOURCE TO BE USED FOR
GREEN SPACE AND PARK LAND IN CITY;
(2) LAND ACQUISITION FOR LITTLE HAITI PARK;
(3) AMENDMENT TO SECTION 790.0712 OF FLORIDA STATUTES, WHICH WOULD
PROHIBIT CARRYING OF CONCEALED FIREARMS AT PUBLIC DEMONSTRATIONS.
Vice Chairman Gort: Item 6, resolution for consultant services for Model City Homeownership Zone
Projects.
Commissioner Sanchez: You skipped 5.
Vice Chairman Gort: Sorry about that.
Commissioner Sanchez: Five is a public hearing.
Vice Chairman Gort: Oh, excuse me, sir. State legislative priorities. Marva.
Marva Wiley (Special Assistant to the City Manager): Marva Wiley, Special Assistant to the City
Manager. As we mentioned previously, a House bill that was passed last session requires that all
legislative projects that are submitted be given a public hearing at the municipality level. That is why this
item is before you. But we have also included all of the substantive bills that we have discussed with each
individual Commissioner over the past few months.
Commissioner Winton: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Winton: I have -- and my apology to the staff, because I haven't -- frankly, I didn't think
of this in time. But the State of Florida has -- I think it's called Florida Forever Fund. And it's a program
where the State has earmarked three hundred million dollars ($300,000,000) to public -- to purchase land.
The program historically has been used in more rural areas, but apparently, the Legislature has changed
the rules to create an opportunity for urban areas to purchase land that can be converted to green spaces,
and parkland, and those kinds of things. And it seems to me that while we don't have a plan in terms of
exactly how we can use it, we know that the Trust for Public Lands is working on a green belt along the
river, and through Overtown, and connecting downtown. And we know that we have a shortage of parks.
As an example, Little Haiti doesn't have a park at all. So I would like to add to our legislative agenda the
commitment that we will go -- maybe we can develop a plan real quickly and go after some of the money
in this session that we could use for green space and parkland within the City of Miami. And that's one.
The other is something that the Chief of Police brought up, and that is there is a -- and he probably needs
to come up here, because I'm not an expert on this issue. But there is a concealed weapons at public
demonstrations. Currently, there is no law on the books for the City of Miami. And actually, I need to get
him to the table to explain this better. So is he here?
78 11 / 16/00
Vice Chairman Gort: I think there is.
Carlos Gimenez (City Manager): I think he should be in the back. We'll try to get him.
Commissioner Winton: OK. So he can bring that up later. I'm done.
Commissioner Sanchez: But Johnny, just for clarification, is that a bill that has been already presented?
Because --
Commissioner Winton: When he comes in, he can explain it and we'll take this issue up again.
Commissioner Sanchez: Because we could always, you know, support that bill. And we have a House
sponsor and a Senate sponsor. We could always in Tallahassee support it or tag on, onto the bill.
Raul Martinez (Chief of Police): OK. I'm sorry. I was talking to a citizen outside. It is my
understanding that already in the concealed weapons permit, there is a prohibition about carrying those
weapons at demonstrations, and Federal buildings, and so on and so forth. The question was: Is there a
bill now to remove that restriction? I'm not sure what the question was. I missed the question.
Ms. Wiley: Is someone else bringing a bill, or does the City need to identify a legislator to bring the bill
forward?
Chief Martinez: No. Commissioner, it is my understanding -- and maybe I'm incorrect -- that already, the
wording on the statute prohibits you from having weapons at demonstrations.
Commissioner Sanchez: That's correct.
Chief Martinez: So there is no need for us for us to create another bill. And I thought the Commissioner
thought that somebody was trying to take that away from the current legislation.
Commissioner Sanchez: Commissioner Winton is that it? There is a statute already that does not allow
you to carry a concealed weapon into a federal building, courthouse and other --
Chief Martinez: Public demonstrations.
Commissioner Sanchez: -- public demonstrations and some others.
Chief Martinez: And it's one of the ones that is highlighted as to places. Yes, you can have a weapon, but
you cannot -- schools, and -- and it highlights several places. So unless there's a -- unless there's a bill
now that's going to take that away, you know, standing patterns would be the right move.
Commissioner Sanchez: And Commissioner Winton, all this does is -- House Bill 2377, all it does.is that
our legislative projects or anything that's going to go through the legislation has to go through a public
hearing. So this today will comply with this ruling. And therefore, we can move on with our package in
Tallahassee when we go up, of course, to try to get these bills turned into law. That's all this resolution
does. So I -- if there are no other statements from the Commission, I so move the. resolution.
79 11 / 16/00
Commissioner Teele: Second. You're moving item number --
Commissioner Sanchez:. -- Five, sir.
Commissioner Teele: Yeah. Second, for discussion.
Commissioner Sanchez: Mr. Teele, you're recognized.
Commissioner Teele: Yes. Why was the Little Haiti Park Program dropped from this, from our
legislative agenda? I thought -- Marva, you know, when you and I discussed this, I said the only thing that
I -- I realized that the Governor said it may not get funded, but I think to take things off insures that it
never will get funded, even to the extent that Commissioner Winton's point, there may be some creative
ways. I don't think we should take from this legislative agenda what essentially has traditionally been the
responsibility of the state to fund new parks. It has been traditionally the responsibility of local
government to operate them, to build them up and operate them. And I realize Governor Bush has done a
change in that policy, in that direction, but the Little Haiti situation is created by circumstances outside of
the control of the City of Miami. And so with your permission, I would like to restore the Little Haiti
project that we had on last year. I met with Mr. Book and you, as you recall, and he said it's going to be
slim chances to none of getting it. But I think we lose faith with the community, you know, and we wind
up getting this thing bounced back and forth, that if anybody goes to Tallahassee and says we want it, the
first thing they'll say is well, but the City didn't even request it. So, I mean, you know, we're sort of
betwixt and between. And Marva, I'd like to know, do you have a problem with restoring this?
Ms. Wiley: Not at all. You're right, Commissioner. I will put it back on the list. And as we discussed in
the meeting with Mr. Book, the Manager has prepared a letter that has been sent to the Governor to
express the need for a Little Haiti Park, and the fact that the current state venues do not present an
opportunity to get .it funded right now.
Commissioner Teele: And as I recall, the amount was eight to twelve million. I'm not sure what it was,
but we're talking about the land acquisition cost for a significant park in Little Haiti, whatever that amount
was. And I would specifically ask, unless there is objection that it be restored. It was in the last two
legislative agendas.
Commissioner Winton: Why wouldn't that qualify under the P-2000 Florida Forever Funds Program?
Commissioner Teele: It very well may. It very well may. But the fact of the matter is, is that it used to be
treated as a special project, and the Governor has eliminated it. And the point is, the Governor's position
is unless a department requests the funding for it, he's not funding it. And so it would have to come from
either Community Affairs or one of the special agencies. The Florida Forever people would have to
request it, or somewhere like that. But taking it off .eliminates it. And I just would like to be on the
record.
Commissioner Sanchez: And --
Vice Chairman Gort: Commissioner Sanchez.
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Commissioner Sanchez: Mr. Vice Chairman, thank you. You're right, Commissioner Teele. And let me
just state, that's what happens when we -- I got nothing against Jeb Bush, but that's what happens when
we elect someone who is not in the system up there. And he went up there, and he changed things around,
and I think it got people off guard; not only the people who had been there for many years, but the people
that were up there in the lobbying process to get things accomplished. Now, let me tell you how hard it is
when you have "X" amount of bills that you want to pass through the House and then the Senate. First of
all, you need a sponsor from the House side. and the. Senate. And right now, the way things are, it's very
hard sometimes to get sponsors on both sides. And when we focus on having sponsorship -- and that's
when we get to the issue that I've brought forth, is that we need to get the House members and the
Senators who are elected by the people from the City to commit themselves, because the House side is
limited to bills. They only file six bills. The Senate side is unlimited on bills. But the House side, each
representative is only allowed six bills. So what happens is when we approach them to file bills, and we
show up with a big list, then we basically have to get to.a point where we have to agree that we have to
sacrifice some of these bills, because nobody's going to tag onto them. So that is why it's so important to
get us this -- the legislative body could play a very important role in contacting these House members and
these Senators that represent our City, and have them commit themselves to one of our bills. Because by
the time that we get to sit down with them, most of them are already committed to other people, which is
wrong, because we're the ones that elect them to office. But they're already tied up with bills. And that's
why I've always emphasized, being the liaison between the City of Miami and Tallahassee lobbying, is
that we need to lobby 365 days a year.
Commissioner Teele: You're right.
Commissioner Sanchez: And when you sit down with the list, and you try to sell a bill that they will
accept -- because each bill is -- fundamentally has to go through committees. And you really -- I mean,
things have changed in Tallahassee drastically, whether for the better or for the worse. But now, the
changes in Tallahassee is you really have to cross all your "T's" and dot all your "I's," and make sure that
every bill is properly filed; every bill has gone through the right committee. And it's very, very hard to
get, when you're limited to House sponsors, to get them to sign onto this bill. So the process, it's a very
complicated process. And sometimes in the process -- it's not our fault and it's not Marva's fault, and it's
not the fault of the lobbying team, but we can't get anybody to sponsor these bills. And that's where
sometimes, these bills happen to fall through the crack. That bill, specifically, I think that if any bill
should have priority, it's that one, because, you know, there's no parks in that area: But, you know, all
these representatives are already committed, and we don't have a sponsor for. the bill to move forward, so
the bill dies. And then we have to work the art of compromising up there in Tallahassee. I've. gone up
there for six years, and I know how it is. And sometimes, you have to sacrifice one bill for the other, or
reference the other. They're both good. Every bill that we send up there that we want, we really rely on,
and it's good for our City, but we can't get them all. So I know that the process is complicated, and I tried
to explain it to you that we need to have these representatives commit themselves to bills from the City if
they represent the City. Thank you.
Ms. Wiley: Can I make one point? In response to your comment, Commissioner Winton, regarding
Preservation 2000, most recently, that has gone primarily towards conservation projects, not a true
recreational park. There may be an opportunity this year to truly get what we're looking for. So we are
taking that and putting it on the list, and hopefully, we will get it done.
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• . •
Commissioner Winton: Yeah, so maybe we can look at greenways and those kinds of things. You know,
we need to be creative and figure out how we can take advantage. Three hundred million dollars
($300,000,000) is a lot of money. I think we need to sit down and figure out how we can take advantage
of the opportunities that are there.
Ms. Wiley: Most definitely.
Commissioner Teele: Mr. Chairman, just to clarify a matter.
Vice Chairman Gort: Commissioner Sanchez -- yes.
Commissioner Teele: I heard our legislative coordinator, Commission Coordinator, Commissioner
Sanchez has no objections to adding that and the staff doesn't. Do we -- we don't need a formal motion
by -- as an amendment to this, so we have added that on. I just -- so when it comes up, it'll be as
amended.
Maria Chiaro (Assistant City Attorney): You do need to have a motion to amend.
Commissioner Teele: I would so move to amend to add the Little Haiti Park as specified in last year's
budget, Mr. Chairman.
Vice Chairman Gort: I have a question. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Second to the amendment: I have a question. My understanding is in.the past, we
were funded for the pilot programs that we utilized, trying to get the school system to work with the Parks
Department so that in after school programs, the kids will be there in our Parks Department to get help to
do their homework and so forth.
Ms. Wiley: It's number 12.
Vice Chairman Gort: That's still on, 12. OK.
Ms. Wiley: It's on the list.
Commissioner Winton: And could I add, Marva, I'm looking at the percentage allocation. Fifty percent
of the funding is to go to conservation and recreation lands.
Ms. Wiley: I understand that. But the definition of "recreation" --
Commissioner Winton: Well, it's our -- well --
Ms. Wiley: I'm just saying historically. Of course, we're going to pursue it aggressively and see what we
can get done.
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Commissioner Winton: Yeah. We need to figure out how we have some of these recreation lands that fit.
Ms. Wiley: And there are two issues. One is the Little Haiti Park. But as you mentioned, there's a lot of
opportunity for the City of Miami as a whole that we may not be capitalizing on right now.
Commissioner Winton: Great.
Ms. Wiley: And the chief --
Vice Chairman Gort: Gentlemen, my suggestion is Commissioner Sanchez has done a great job in
Tallahassee, but he needs some assistance. Anyone we can talk to, I think we should. And any time we
have an opportunity to go up to Tallahassee, we should. And we should be part of the delegation, to make
sure that we're heard.
Commissioner Teele: Call the question.
Vice Chairman Gort: Thank you. All in favor state -- on the amendment.
Commissioner Winton: But I have one more question.
Commissioner Teele: On the amendment.
Vice Chairman Gort: On the amendment.
Commissioner Winton: Oh, on the amendment. Fine.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-997
A MOTION TO AMEND THE MIAMI STATE LEGISLATIVE
PRIORITIES LIST TO RESTORE THE ISSUE OF LAND
ACQUISITION COST FOR THE LITTLE HAITI PARK, SAME
PROJECT AS SPECIFIED IN LAST YEAR'S CITY OF MIAMI
LEGISLATIVE PRIORITY AGENDA.
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Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Vice Chairman Gort: OK. Question.
Commissioner Winton: There's a number 20 on here. It says workers' compensation, but there's nothing
behind it. Is that --
Ms. Wiley: The City Attorney brought that item to our attention. I have to filter it down so it fits nicely
on the paper, versus the long dissertation. So that is something the City Attorney's Office may be able to -
Commissioner Winton: I don't get it.
Ms. Wiley: But it'll help us on workers' comp.
Vice Chairman Gort: The explanation will come from the Legal Department.
Commissioner Winton: OK. And is there a number 21? Is 20 the last number?
Ms. Wiley: Twenty is the last number.
Commissioner Winton: Thank you.
Ms. Wiley: But the Chief wanted to make a correction to something he had said earlier.
Chief Martinez: Yes. Raul Martinez, Chief of Police. I was erroneous on my statement reference the
carrying of firearms in a demonstration. One of the legal advisors just got a hold of me. There is nothing
currently in 790, which is the Florida statute that prohibits you from taking a firearm in a public
demonstration, prohibits you from a school, federal building, etcetera, et cetera, but nothing that prohibits
you from taking it at a demonstration. I guess my mind set is because we do tell them that when we give.
them a permit. That's one of the things we put in that we do.
Vice Chairman Gort: It's state law
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Chief Martinez: So there's nothing that prohibits that right now. So if we want to endorse that type of
legislation, it's something that we definitely would endorse, because I think when we have masses of
people walking around or demonstrating, putting firearms in the same group is not a good mix. But we
would definitely support anything that also they say. But I was erroneous when I told you. that was
already part of the statute. It is not.
Vice Chairman Gort: Commissioner Winton, you want to amend it?
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved by Commissioner Winton. Is there a second?
Commissioner Teele: Second.
Commissioner Sanchez: What are we --
Commissioner Winton: The firearms thing.
Vice Chairman Gort: OK. On the firearms during a demonstration. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: But isn't it already in the language?
Chief Martinez: Commissioner, I, like you, thought the same thing. My legal advisor got a hold of me
immediately after I spoke here. And I just read 790. It --
Commissioner Sanchez: So this is to amend -- so demonstrations, the way the law is --
Chief Martinez: Well it --
Commissioner Sanchez: Wait, wait, wait. Let me just -- The way the law is written now, a concealed
firearm, which I have a permit when I left law enforcement, your public buildings, schools, you can't go
into.
Chief Martinez: That is correct, sir.
Commissioner Sanchez: So a demonstration right now, as it's stated in the law is you could go to a
demonstration with a concealed firearm?
Chief Martinez: That is correct, sir. There is nothing now that prohibits any person with a concealed
firearm permit to take a firearm.
Commissioner Sanchez: So Commissioner Winton, what he's asking is that we go up there and we amend
that to include demonstrations.
85 11/16/00
Chief Martinez: That is correct. It's to amend 790.0712, if my numbers are correct.
Commissioner Sanchez: Well, it's important that we put all this, because it has to go through a public
hearing. Now, here is where we might have a problem:. That at the day of the public hearing, we added
these. That opens up another door.
Ms. Wiley: Mr. Commissioner, I think the public hearing part is specifically about the legislative projects,
those items we're seeking funding for. I don't anticipate a problem with bringing a substantive bill, if
that's what we decide to do. Or it may be best as we move forward to identify a bill where this would be
an amendment that we tack on. As you know, there are a lot of things out there that may be related.
Commissioner Sanchez: I think that's the best, that's the best avenue right there, to identify it. I'm sure
there will be another bill in Tallahassee that we could tag this onto.
Vice Chairman Gort: OK. There's a motion and a second. All in favor state it by saying "aye," to the
amendment.
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Winton, who moved for its adoption:
MOTION NO. 00-998
A MOTION TO AMEND THE MIAMI STATE ,LEGISLATIVE
PRIORITIES LIST TO INCLUDE A PROPOSED AMENDMENT TO
SECTION 790.0712 OF THE FLORIDA STATUTES WHICH WOULD
PROHIBIT THE CARRYING OF CONCEALED FIREARMS AT THE
PUBLIC DEMONSTRATIONS.
Note for the Record: Motion 00-998 was later restated, whereupon
because of the previous passage of the above cited issue, it did not warrant
the assignment of another number for same.
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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Vice Chairman Gort: Mr. Cruz, you want to speak on this?
86 11/16/00
•
Mariano Cruz: No, item number 7, a public hearing.
Vice Chairman Gort: Oh, OK. All in favor, state it -- I need a motion on the -- We don't need a motion
on this. Am I correct? This is just information.
Alejandro Vilarello (City Attorney): Are we on item 6?
Vice Chairman Gort: No, Item 5.
Commissioner Winton: I thought we just passed 5.
Vice Chairman Gort: No. We passed the amendments to include. We need a motion, or you don't?
Mr. Vilarello: A motion approving the priorities of the City of Miami Commission.
Commissioner Winton: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor --
Commissioner Regalado: Yeah, I just got a question.
Vice Chairman Gort: Yes.
Commissioner Regalado: The legislature has to address the issue of the bullet train. And -- huh? It
passed.
Commissioner Winton: Yeah, but we could be trying to get it unpassed.
Commissioner Regalado: Well, but the thing is that they are going to try to take away money from the
DOT (Department of Transportation) budget. And DOT had already budgeted some projects within the
City of Miami, Coral Way, Flagler in 2001, the last part of 2001/2002. And the priority of the team that
we pay to represent us and to work with Commissioner. Sanchez will be to try to avoid any cuts in DOT
funding for the City of Miami, because, you know, sometimes they start cutting here and there. And they
will, because they're going to have to get some money out of the DOT budget. And the City is always the
one that suffers. So I would -- I don't know if we need that as an amendment or -- but it's important,
because they're going to try to do it.
Commissioner Teele: What are you asking for?
Ms. Wiley: That we protect the funding for City of Miami projects in transportation.
87 11 / 16/00
u
Commissioner Regalado: I'm telling that the legislature is going to take away money from DOT budget
for the bullet train, and that we should .direct the lobbyists that we pay in order for them to try to avoid any
cuts in funding for the City of Miami projects, which we have at least five or six from DOT. That's all.
Vice Chairman Gort: I think Commissioner Regalado makes --
Mr. Vilarello: Mr. Chairman.
Vice Chairman Gort: Commissioner Regalado is making a good point. I think this is -- how much is this
project? How many billions of dollars? Three billions of dollars?
Commissioner Regalado: You mean the bullet train?
Vice Chairman Gort: Yeah.
Commissioner Winton: That's going to be in the planning.
Commissioner Sanchez: (Inaudible, speaking off mike.)
Vice Chairman Gort: Yeah, you're right. We have to see.
Commissioner Regalado: No, but they're going to take money this session. They're going to take away
money, because it's a constitutional amendment ordering the Governor and the legislature to take away
money. I'm just saying, you know, if they want to take it, they have to take it from somewhere else. But
don't take it from the City, because we need those projects. That's what I'm saying.
Vice Chairman Gort: For generating more funds. OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you. This is 5.
Commissioner Teele: This is the main motion.
Vice Chairman Gort: That was the main motion.
88 11/16/00
•
0
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-999
A RESOLUTION OF THE MIAMI CITY COMMISSION ADOPTING
THE CITY OF MIAMI STATE LEGISLATIVE PRIORITIES, SESSION
2001, ATTACHED HERETO AND INCORPORATED 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
89 11/16/00
Vice Chairman Gort: Item 6, resolution for the consultant service for Model City homeownership.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-1000
A RESOLUTION (PENDING)
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
90 11/16/00
19. DEFER: REPROGRAM $750,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS PREVIOUSLY ALLOCATED TO DOWNTOWN DEVELOPMENT AUTHORITY
AND TRANSFER SAID REPROGRAMMED FUNDS TO SUPPORT CAPITAL IMPROVEMENT
PROJECTS (CIP) AS PRIORITIZED BY MANAGER OR DESIGNEE (See #75).
Vice Chairman Gort: Item 7.
Commissioner Sanchez: So move.
Vice Chairman Gort: Resolution reprogramming CDBG (Community Development Block Grant) funds.
What they're doing is taking funds away from --
Commissioner Winton: Second.
Vice Chairman Gort: -- Downtown Development -- OK. It's been moved and seconded. Under
discussion. Any discussion?
Commissioner Teele: Mr. Chairman, this should be a public hearing.
Vice Chairman Gort: There is, yeah.
Commissioner Sanchez: It is.
Vice Chairman Gort: But I want to know if any Commissioners have any discussion.
Commissioner Teele: Yeah. Mr. Chairman, I have one item of discussion that I have been unsuccessful
in for three years. I'm going to keep trying. But this time, I'm going to direct all this to the City Attorney.
Mr. Attorney, there is a form and a procedure all over the United States. If you don't know what it looks
like, if you'd just read the Miami Herald every two or three months, Dade County reprograms money. It
shows where the money is coming from, the projects, where the money is going, in line item form. I have
read this five times, and I do not know exactly where the money is coming from, what projects and what
years they were obligated from. This should be, as we have asked you in two separate motions, Mr.
Attorney, to ensure that all future publications utilize the federally prescribed format outline in outlining
the forms. We don't need a narrative, and a summary and a whole lot of resolutions. We just need the
dollar amount, the name of the program, the year, the dollar amount being reprogrammed, the name of the
program, the dollar amount and the category, if appropriate, of the current request. And I think that puts
everybody on notice. This is, again, something that I'm not sure about, and I'm going to ask at the end of
the public hearing for you to go through every dollar of where it's coming from, so -- and what year it
came from -- so that we're very clear on the record on this, please.
Alejandro Vilarello (City Attorney): Yes, sir.
Commissioner Teele: I'm talking to the staff on the -- asking you to read it into the record. Thank you,
Mr. Chairman.
Vice Chairman Gort: Any further discussion among the Commissioners?
91 11/16/00
Commissioner Regalado: I have one, but it has to do with a separate issue within, because the City
Attorney has a resolution.
Commissioner Teele: On this?
Commissioner Regalado: On this CDBG, yeah.
Vice Chairman Gort: Item 7?
Commissioner Regalado: Do we do it within this item, Mr. City Attorney, or wait after this?
Mr. Vilarello: No, Commissioner. That item is a resolution. It would direct the City Manager to call for
a public hearing at the next City Commission meeting, and I'll have that ready for you in a few minutes.
Commissioner Regalado: OK.
Commissioner Teele: But it's not on this.
Commissioner Regalado: It's not on this.
Vice Chairman Gort: OK. No.
Commissioner Regalado: So we don't have to do it. OK.
Vice Chairman Gort: Mr. Cruz.
Mariano Cruz: Mariano Cruz, 1227 Northwest 261h Street, a federal taxpayer. That's where most -- this
year already, I think I have paid (unintelligible) about ten thousand dollars ($10,000) in federal dollars.
Not so much in the City. But here, Mr. Teele is -- and he's confused about this. And they call a public
hearing. And what it bothers me there, that I read there, it say reallocation, reprogramming, de -obligation,
the one point federal five level years, all that, blah, blah, blah, blah. All of that lingo. Now, and they say
those moneys are going to be reprogrammed to CIP (Capital Improvement Project), prioritized by the
Assistant City Manager for Operations. As I recall in 1997 or '99, I didn't vote for the Assistant Manager
of Operations. I vote for Commissioner Gort to represent me in how we would spend those federal
dollars. And what happened to the Community Development Advisory Board? I don't know if you're
following federal guidelines, but I don't think the Assistant Manager for Operations. should be prioritizing
those -- my federal dollars that come to Miami in target areas, because they are poor areas. Why? Is that
something now they're playing with that? Now another shell game? They're using that on the City?
Why? That's the question I'm asking. Is that following federal guidelines? Maybe when the senior audit
come around, they will be saying, "How come this happened here?" What happened to the Advisory
Board that's supposed to go and meet with the people, and the people prioritize the capital improvement
projects in their neighborhoods? Or it's just for the whole -- for the commercial business district or
whatever they say there? I think that's wrong. No, because even Commissioner Teele is confused. I need
more information on that. Consider that. And yet, you say where the money is coming from, from the
92 11 /16/00
downtown, but you don't say where the money is going from. Just leave it open. Prioritize by the
Assistant Manager for Operations, who doesn't answer to me, because I didn't vote for him.. Thank you.
Vice Chairman Gort: Mr. Cruz, I'll be more than glad to ask staff to answer your question. I am sure they
received from the Advisory Board of priorities that should be done in the City that were not able to do in
the past, because they didn't have the funds for it, and maybe now, they'll have the funds to go ahead and
do it. Yes, sir. Could you answer the questions?
Dan Fernandes (Assistant Director, Community Development): Yes, Commissioner.
Commissioner Teele: Is the public hearing closed, Mr. Chairman?
Vice Chairman Gort: Anyone else to speak on this item? Anyone else? Being none, we'll close the
public hearing.
Mr. Fernandes: Yes, Commissioner. Basically, let's remember in May of this year, the City had a number
of capital improvement projects that we had not been able to complete in a timely basis. So we came back
to the City Commission. We reallocated all those moneys. A certain amount of moneys went:to the CRA,
and other moneys went to capital improvement projects that were previously approved, but they were
projects that could be completed in the fiscal year that we were working in, the same as the situation this
year. We want to identify previously approved projects that have been approved by the City Commission,
however, projects that have to be completed by September 301h of this fiscal year.
Vice Chairman Gort: It's important when you state, "approved by the City Commission" that these also
were projects recommended by the Advisory Board. Is that so?
Mr. Fernandes: Correct. These projects all went through the Advisory Board process when the Advisory
Board was in effect, yes.
Vice Chairman Gort: OK. What Commissioner Teele is asking, which he's been asking for a long time,
is identify more or less. In other words, the final decision -- Mr. Cruz, I think it's very important you
understand this. My understanding is after you decide where the expenditures are going to take place,
you're going to come back to us, and there will be another public hearing where you will make the
statement of how these funds and where they're going to be spent. Am I correct on that?
Mr. Fernandes: That is not the way that we did it last year, Commissioner. Last year, the priority went to
the Assistant City Manager for Operations, who approved those projects on a first come, first served basis.
So it was first in, first out.
Vice Chairman Gort: Right. But I think what we're saying is from now on the -- and it's been requested
quite a few times -- we'd like to know where they're going to so the citizens and the Advisory Board can
know that their statements and their recommendations are being followed by the Administration.
Commissioner Teele Mr. Chairman.
Vice Chairman Gort: Commissioner Teele.
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Commissioner Teele: This is a bigger problem. Look, let's get the record straight. Last year, when we
did this for the CRA, I insisted, and I heard the staff say very clearly, "You don't want to do it that way.
It's controversial." It is controversial, but it's the right way to do it. We identified every park in every
year that we were taking the money. And some of it, he came and he objected. But that's the only way to
do this process correctly. This needs to be transparent. What you've done in this case, you've identified a
resolution, but you've not shown where the dollars are coming from. And this is why your own
department is having such a hard time reconciling what's gone on in the past, because there's no
transparency. So you've got in here, for example, in the backup, 00-427, the resolution, which is the
CRA. Are you taking money from there? Or if not, why is it a part of the backup? It seems to me that
that's one item. It took money. 00-427 took money from 98-592 and several other places, which were
identified, and we published each one of those parts. One of.them was thirty-six thousand. Something
else as a hundred and some thousand. And I just think you're asking for a lot of trouble. I strongly
support the Flagler Marketplace. This is the right thing to do. But when I think we wind up losing our
credibility is when we do things and it's not clear to everybody what we're doing. And I'm very
confused, because I tried to keep up with where money is. And I'm going to ask you on the record. I
want you to identify for me where the Mount Zion money is that we gave to Mount Zion two years ago for
the housing project, and where the -- what was that religious group? The Faith Power and Deliver, two
hundred and fifty thousand dollars ($250,000) are. Because, see, those two numbers have never come
back up. OK? And I want to make sure that we know what's going on around here, because one thing is
for sure. The Manager, the Mayor, the Assistant Managers, nobody has the authority, under the federal
rules, to move money around. Only the Commission can do it in a public hearing. And this is why I keep
saying to the City Attorney, you all are asking for a lot of trouble with this thing by not making the
management do this in a very clear and transparent manner. And so that's a separate request. I want to
know today where those two pots of money are on those two items, because I just have a sense now that
something -- no. I just have a sense that we ought to make sure that everything is very clear and. very
transparent. That's all that I'm going to say. And I strongly support what we're doing. But I think, again,
this does not allow for record keeping two years from now, three years from now as to where the money is
coming from and all of that, and I think it further confuses our already. confused books. And I'm not
against the project. I'm all for it. I'm not against what we're doing. I just don't think it's transparent
enough.
Frank Rollason (Assistant City Manager): Frank Rollason, Assistant City Manager. I guess through my
oversight, the list of where the seven fifty is to be spent is not in that part of your backup --
Commissioner Teele: It's not where it's coming -- we know where it's going to be spent. It's going to be
spent on the Flagler Marketplace.
Mr. Rollason: No.
Vice Chairman Gort: No. It's being pulled out of Flagler Marketplace.
Mr. Rollason: No. We're taking it from the Flagler Marketplace for this year -- for this year -- to finish
out these projects that the City is committed to that has to be finished, and in next year's allocation, that
seven fifty will be put back, because this year, the Marketplace is not--
94 11 / 1.6/00
Commissioner Teele: You can't expend the money.
Mr. Rollason: That's correct. So we're going to get the money spent to finish out the other projects that
were under -funded, and we will put the seven fifty back next year, back into the Flagler Marketplace.
And that list, I did not put in there.
Commissioner Teele: But it goes to the point. That's the whole point. We're only giving the public in
the documentation half of the equation.
Mr. Rollason: And I can get that. If you want to defer this till later in the meeting, I'll have it faxed down
and we can pass it out and show exactly where that money is going.
Commissioner Teele: I just think it needs to be -- I just think it needs to be transparent so that --
Mr. Rollason: And we agree. They're all City projects that have been approved that are ongoing right
now, and we can show exactly where it's going.
Vice Chairman Gort: We understand, but we don't want to create the -- like, let me tell you something
about the -- you know, the presentation we had from DDA (Downtown Development Authority) today?
Commissioner Teele: Mm-hmm.
Vice Chairman Gort: You know what the rumors are?
Commissioner Teele: What?
Vice Chairman Gort: That we want to do away with all retail on Flagler Street, that we want to create
something completely different to what really is. And that's perception, unfortunately. And that's one of
the biggest problems that we have within the City of Miami. Once you go outside the City of Miami,
people love this City. We are our own worst enemy.. All we do is look at the negative things.
Commissioner Teele: I move that the item be deferred until after 5 o'clock today.
Mr. Rollason: All right. I'll have that faxed down here, and we'll get it distributed.
Vice Chairman Gort: Thank you.
95 11 / 16/00
20. SCHEDULE PUBLIC HEARING CONCERNING REPROGRAMMING OF 26TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, $50,000, PREVIOUSLY ALLOCATED
FOR CODE ENFORCEMENT PURPOSES TO MODEL HOUSING COOPERATIVE, INC. FOR
HOUSING ADMINISTRATION ACTIVITIES RELATED TO DEVELOPMENT OF GODOY VILLAS
AFFORDABLE HOUSING PROJECT.
Vice Chairman Gort: Item 8 and 8-A has been --no -- 8-A has been taken care of. Item 8 has been taken
care of Item 9.
Commissioner Regalado: Mr. Chairman, Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: I have a -- within that discussion that we have, I have a resolution, just directing
the City Manager to schedule a public hearing at the next Commission meeting of December 14th on the
issue of code enforcement purposes, money for the Model Housing, Inc., for housing administration. And
this is. something that the Administration has already spoken to the members of this agency. So we just
need now a resolution to advertise publicly, and to discuss that in the next City Commission of December
14tn
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and seconded. Any further discussion?. Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Teele: We're not going to move -- we're not moving money. We're just advertising, da-
da-da-da-da. But that's where that should be. Where the money is coming from, what the discussion is.
Alejandro Vilarello (City Attorney): It is reprogramming money.
Commissioner Teele: Right.
Mr. Vilarello: But that will be at a public hearing, and the line items will be provided.
96 11/16/00
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 00-1001
A RESOLUTION OF THE MIAMI CITY COMMISSION
SCHEDULING A PUBLIC HEARING AT THE DECEMBER 14, 2000
CITY COMMISSION MEETING CONCERNING THE
REPROGRAMMING OF 26TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS, IN THE AMOUNT OF $50,000,
PREVIOUSLY ALLOCATED FOR CODE ENFORCEMENT
PURPOSES, TO THE MODEL HOUSING COOPERATIVE, INC. FOR
THE HOUSING ADMINISTRATION ACTIVITIES RELATED TO THE
DEVELOPMENT. OF THE GODOY VILLAS AFFORDABLE
HOUSING PROJECT.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
97 11 / 16/00
21. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED
"WORKFORCE/WELFARE TRANSITION PROGRAM (PY 2000-2001); APPROPRIATE $758,070
FOR ITS OPERATION FROM U.S. DEPARTMENT OF LABOR THROUGH SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM.
Vice Chairman Gort: Item 9. Item 9 is the appropriation ordinance for the Workforce/Welfare --
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: -- seven hundred and fifty-eight thousand dollars ($758,000) to be received by the
City. It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor --
Alejandro Vilarello (City Attorney): It's an ordinance.
Vice Chairman Gort: An ordinance. Read it.
Mr. Vilarello: From item 9, correct?
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN EMERGENCY 'ORDINANCE OF THE MIAMI CITY
COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "WORKFORCE/WELFARE TRANSITION PROGRAM
(PY 2000-2001)" AND APPROPRIATING FUNDS FOR THE
OPERATION OF SAME IN THE AMOUNT OF $758,070,
CONSISTING OF A GRANT FROM THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM ("SFETC");
AUTHORIZING, THE CITY MANAGER TO ACCEPT THE GRANT
AWARD, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY WITH SFETC,
FOR ACCEPTANCE OF SAID GRANT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Teele, and seconded by Commissioner Sanchez, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
98 11/16/00
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Whereupon, the Commission, on motion of Commissioner Teele, and . seconded by Commissioner
Sanchez, adopted said ordinance by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. l 1991.
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.
99 11/16/00
•
22. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED
"REFUGEE EMPLOYMENT AND TRAINING PROGRAM (PY 2000-2001)"; APPROPRIATE
$90,594 FOR ITS OPERATION FROM FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
THROUGH OFFICE OF REFUGEE RESETTLEMENT, U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES.
Vice Chairman Gort: Item 10 is the Refugee Employment and Training Program, receiving a grant of
ninety thousand, five hundred and ninety-four dollars ($90,594).
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Teele: Second, Mr. Chairman.
Vice Chairman Gort: It's been moved and seconded. Any further discussion?
Alejandro Vilarello (City Attorney): Mr. Chairman, it's also an emergency ordinance.
Vice Chairman Gort: Read the ordinance.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "REFUGEE EMPLOYMENT AND TRAINING (RET)
PROGRAM (PY 2000-2001)" AND APPROPRIATING FUNDS FOR
THE OPERATION OF SAME IN THE AMOUNT OF $90,594
CONSISTING OF A GRANT FROM THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM ("SFETC");
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT
AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY WITH SFETC,
FOR ACCEPTANCE OF SAID GRANT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
100 11 / 16/00
was introduced by Commissioner Sanchez, and seconded by Commissioner Teele, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Whereupon, the Commission, on motion of Commissioner Sanchez, and seconded by Commissioner
Teele, adopted said ordinance by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11992.
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.
101 11/16/00
23. AMEND PROPOSED EMERGENCY ORDINANCE TO AMEND ORDINANCE 11970,
ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 2001, BY ADDING $200,000 TO
MUNICIPAL OPERATIONS CONTAINED IN GENERAL FUND FOR BICENTENNIAL PARK/FEC
SLIP WATERFRONT RENEWAL PROCESS, BRINGING TOTAL AMOUNT TO $27,153,628 IN
NON -DEPARTMENTAL ACCOUNT CATEGORY AND $319,113,817 AS TOTAL GENERAL FUND
AMOUNT.
Vice Chairman Gort: Item 11, emergency --
Commissioner Teele: So move, Mr. Chairman
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and seconded. Any discussion? Hearing none, read it.
Susan Gooding-Liburd (Assistant Director, Budget): Yes, we -- excuse me, Commissioners.
Vice Chairman Gort: OK, go ahead.
Ms. Gooding: Before you vote -- Susan Gooding-Liburd, Assistant Director, Budget. We would like to
make an addition to the item before you, number 11. Whereas the City Commission approved Resolution
00-711, as amended, to approve funding in the amount of two hundred thousand for the Biscayne Park
FEC Slip Waterfront Renewal Project, and whereas it is necessary to appropriate the funding for the
Bicentennial Park FEC Slip Waterfront Renewal Project in the fiscal year 2001 operating budget from
undesignated fund balance.
Commissioner Teele: You're adding two hundred thousand dollars ($200,000)? Is that what you're
doing?
Ms. Gooding: Yes.
Commissioner Teele: For the Biscayne slip? And Commissioner Gort, I mean, when does that --
Commissioner Winton: For the -- right, yes.
Commissioner Teele: I would move the amendment, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: I'm a little lost here.
Commissioner Teele: She's adding two hundred thousand dollars ($200,000) to the five point five three
one seven nine.
102 11 / 16/00
•
CE
Vice Chairman Gort: Five three one seven nine one. OK.
Commissioner Teele: And you ought to give us a total of what this comes to. You're adding two hundred
thousand for that project and changing the total to what amount?
Alejandro Vilarello (City Attorney): The total on the non -departmental accounts is twenty-seven million,
one hundred and fifty-three thousand, six hundred and twenty-eight. Correct?
Ms. Gooding: Correct. And the general --
Mr. Vilarello: And the total general fund is three hundred and nineteen thousand, one hundred and -- I
mean three hundred and nineteen million, one hundred and thirteen thousand, eight hundred and
seventeen. Correct?
Ms. Gooding: Correct.
Commissioner Teele: And what's the total expenditure?
Ms. Gooding: Two point four.
Mr. Vilarello: Two point four nine one.
Commissioner Teele: Two point four nine one.
Mr. Vilarello: Two million, four. hundred and ninety-one thousand.
Vice Chairman Gort: OK. Any further discussion?
Commissioner Teele: On the amendment, Mr. (inaudible). On the amendment.
Vice Chairman Gort: Addition. On the amendment. OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
103 11/16/00
•
•
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-1002
A MOTION AMENDING THE PROPOSED EMERGENCY
ORDINANCE TO AMEND ORDINANCE 11970, THE ANNUAL
APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING
ON SEPTEMBER 30, 2001, BY ADDING $200,000 TO MUNICIPAL
OPERATIONS CONTAINED IN THE GENERAL FUND FOR THE
BICENTENNIAL PARK/FEC SLIP WATERFRONT RENEWAL
PROCESS, THEREBY BRINGING TOTAL AMOUNT TO $27,153,628
IN THE NON -DEPARTMENTAL ACCOUNT CATEGORY, AND
$319,113,817 AS THE TOTAL GENERAL FUND AMOUNT.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Vice Chairman Gort: OK. Read the ordinance with the right number. Thank you, ma'am.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
104 11/16/00
An Ordinance entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 11970, THE ANNUAL
APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30,
2001 FOR THE PURPOSE OF ADJUSTING SAID APPROPRIATIONS
RELATING TO OPERATIONAL AND BUDGETARY
REQUIREMENTS OF CERTAIN CITY DEPARTMENTS AS MORE
PARTICULARLY SET FORTH HEREIN; REVISING ONGOING
CAPITAL IMPROVEMENT PROJECTS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Teele, and seconded by Commissioner Sanchez, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Whereupon, the commission, on motion of Commissioner Teele, and seconded by Commissioner
Sanchez, adopted said ordinance by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
The ORDINANCE WAS DESIGNATED ORDINANCE NO. 11993.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Vice Chairman Gort: Eleven -A has been pulled. Item 12.
105 11 / 16/00
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: To the Manager, to the Budget Director, to the Assistant Manager. I realize that we
are looking to clean up this leftover or carryover dollars pursuant to our budget, and I know this is the first
round. Can we try to get as much of this in the next meeting as we can, anything that's left? Because we
really need to try to bring this to closure. And I am -- Is the Assistant Manager for Finance here?
Carlos Gimenez (City Manager): Yes, he is.
Commissioner Teele: Yeah. And I'm specifically aware of at least three or four other pieces of this, and
I'm specifically requesting that we get all of this cleanup on this unexpended money, so that we can get a
clean audit, because we really can't turn this over to our auditors until we clean up this. This is all going
against last year's unexpended funds. Is that right, Mr. Manager?
Mr. Gimenez: Yes, sir.
Commissioner Teele: So I'm just requesting that we get the other three, or four or five pieces of this by
the next meeting in December, so we don't go into January, if at all possible.
Vice Chairman Gort: He's the guy with the glasses. That's a smart guy.
Commissioner Teele: Yeah, that's the smart guy with the glasses. He ought to tell us what he said. What
he --
(INAUDIBLE COMMENT BY CITY MANAGER GIMENEZ)
Mr. Gimenez: If I understand your question, sir, you want the entire surplus appropriated by next
meeting?
Commissioner Teele: No, I'm not saying that at all. What I'm saying is that I want to make sure that we
clean up all of these open issues on our books, as we said we were, out of the surplus, so that we can get
this done. And, I mean, this is taking a long time. We don't have two meetings in December is what I'm
saying. We didn't have but one meeting now. And I'm just trying to put them on notice that they ought to
get this done in December rather than taking it into January, because the auditors -- we're holding up the
auditors at some point. You remember last January, February, the auditors came in with a preliminary
report. And we are obliged, I think, by the Oversight Board obligation. We're supposed to have that audit
up to them, I think, by -- when? December or January?
Bob Nachlinger (Assistant City Manager): Bob Nachlinger, Assistant City Manager. We're obligated to
have the financial statements to the Oversight Board by the end of March.
Commissioner Teele: By the end of March?
106 11/16/00
•
Mr. Nachlinger: Yes, sir.
Commissioner Teele: OK. Thank you.
Commissioner. Regalado: But what we need, and I think what Commissioner Teele is asking is, so we
know how much money, because we are told that maybe ten, or maybe eight or maybe eleven million.
And we need to know, because we have ideas and priorities that we want to bring to you, Mr. Manager.
And we need to know by December.
Mr. Gimenez: OK. So by December, you need to know what extra money is available from last year's
surplus --
Commissioner Teele: Exactly.
Mr. Gimenez: -- that has not been appropriated already.
Commissioner Teele: Exactly.
Commissioner Teele: That's what he wants to know. What I want to see in December, before you tell us
what is available, I'd like very much for us to clean up all of these issues. Have we done the Law
Enforcement Trust Fund Grant already? Have we appropriated that amount?
Mr. Nachlinger: No, sir. That second reading is on your agenda today.
Commissioner Teele: Not the Law Enforcement Trust Fund, but the -- There is a hole or a gap in the
grant money that we had of about four million dollars ($4,000,000) or six million dollars ($6,000,000).
We didn't know what the amount was. Have we been able to focus in on that yet?
Mr. Nachlinger: I believe Budget is almost to a resolution of that issue.
Commissioner Teele: Well, that's what I'm saying. There -- You know, everybody keeps saying there's
this large amount of money, but we've got some very real obligations, and we need to clean those up.
And everybody is saying we've got this obligation under the grant, under the COPS (Community Oriented
Policing Services), I think; grant money that we've got. We've got a hole in there, and we need to go
ahead and bring these unexpended dollars up to close up the hole. Mr. Manager, you understand what I'm
saying?
Mr. Gimenez: Yes, yes, I do. And --
107 11/16/00
0
Commissioner Teele: Because, see, all of us are up here -- candidly, there's five up here and probably one
upstairs, all trying to figure out what kind of projects we can propose. And I keep saying before we
propose projects, let's clean it up, you know.
Mr. Gimenez: Will do. Anything that's a shortfall, we'll identify those that already have not been
appropriated, and we'll try to give you, if not the exact amount, a very close amount as to what is un-
appropriated and what basically is unencumbered and free for projects. That's basically what you want.
All right? OK, sir.
Vice Chairman Gort: Thank -you.
108 11/16/00
24. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 10021, WHICH
ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR LAW
ENFORCEMENT TRUST FUND, PROVIDING FOR AN INCREASE OF $3,000,000, AS RESULT OF
ADDITIONAL MONEYS DEPOSITED IN SAID FUND DUE TO SUCCESSFUL FORFEITURE
ACTIONS.
Vice Chairman Gort: Item 12. Proposed ordinance amending the ordinance for LETF appropriation by
three million dollars ($3,000,000).
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second? This is second reading.
Commissioner Regalado: Second.
Vice Chairman Gort: OK. Read it.
Commissioner Regalado: Question. I have a question.
Vice Chairman Gort: Yes.
Commissioner Regalado: I have a question. In the letters that you get, Mr. Chief Martinez, from residents
praising the police, there is one from South Florida Impact on the seizures that were made on 8/22/2000,
8/30/2000, and 9/8/2000. I just want to make -- I just want to, out of curiosity -- The South Florida
Impact Group seized about four million dollars ($4,000,000). Out of that, how much will the City be
getting?
Raul Martinez (Chief of Police): Commissioner, it's a percentage split, because there's a lot of agencies
that participate on impact. It depends on how many people you have assigned to impact. We have it,
FDLE has it, Coral Gables has, Miami Beach has. So we get a percentage of whatever down the road the
courts decide to give us. And sometimes "down the road" is 18 months, two years. Sometimes, it's
quicker. But that's the average time span. It takes between 18 months to two years for the money to
actually make it, and then the money gets divided into the formula. And the formula is based on how
many people do you have assigned to the Impact Squad at the time of the seizure, when it happens.
Commissioner Regalado: At the time of the seizure?
Chief Martinez: Correct. We have currently about seven to eight sworn officers assigned to impact. I
think the total number is about 30, 35, the form of impact. So whatever seven is of 35 -- 20 percent of the
money, of whatever gets, you know -- whenever the courts actually give us the money.
Commissioner Regalado: OK.
Vice Chairman Gort: OK. Roll call.
109 11 / 16/00
•
Note for the Record: The 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
ORDINANCE NO. 10021, ADOPTED JULY 18, 1985, AS AMENDED,
WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND,
RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO.
9257, ADOPTED APRIL 9, 1981, THEREBY PROVIDING FOR AN
INCREASE IN THE AMOUNT OF $3,000,000, AS A RESULT OF
ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO
SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of October 26, 2000, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Teele, seconded by. Commissioner
Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: Commissioner Johnny L. Winton
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11994.
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.
Note for the Record: Though absent during roll call, Commissioner Winton requested of the Clerk
to be shown in agreement with the motion.
110 11/16/00
25. SECOND READING: AMEND SECTIONS 2-694, 2-887, 2-892, AND 2-976 AND TITLE
NAME OF ARTICLE XI, DIVISION 5 OF CITY CODE TO CHANGE NAME OF AFFIRMATIVE
ACTION ADVISORY BOARD TO EQUAL OPPORTUNITY ADVISORY BOARD TO
ACCURATELY EXPRESS PURPOSE AND FUNCTIONS FOR WHICH AAAB WAS
ESTABLISHED.
Vice Chairman Gort: OK. Second reading, next item. It's 13. Ordinance amending the name of the
Affirmative Action Board. This is second reading. Any discussion? Being none, read it.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
Walter Foeman (City Clerk): I need a movant and a seconder, Mr. Chairman.
Vice Chairman Gort: It was moved and seconded.
Commissioner Winton: So move.
(UNINTELLIGIBLE COMMENT BY VICE CHAIRMAN GORT)
Commissioner Sanchez: Which one is that one? I'll second. Thirteen?
Vice Chairman Gort: Thirteen.
Commissioner Sanchez: So move.
Vice Chairman Gort: Changing the name.
111 11/16/00
•
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLES VII AND XI OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, TO CHANGE THE NAME OF
THE AFFIRMATIVE ACTION ADVISORY BOARD ("AAAB") TO
THE EQUAL OPPORTUNITY ADVISORY BOARD TO
ACCURATELY EXPRESS THE PURPOSE AND FUNCTIONS FOR
WHICH THE AAAB WAS ESTABLISHED; MORE PARTICULARLY
BY AMENDING SECTIONS 2-694, 2-887, 2-892 AND 2-976 AND THE
TITLE NAME OF ARTICLE XI, DIVISION 5; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of October 26, 2000, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Winton, seconded by. Commissioner
Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11995.
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.
112 11/16/00
26. SECOND READING: AMEND SECTION 18-298(6) OF CITY CODE ENTITLED
"FINANCES/STORM WATER UTILITY FEES AND FUND" TO CHANGE REFERENCES FROM
"MIAMI RIVER COORDINATING COMMITTEE" TO "MIAMI RIVER COMMISSION."
Vice Chairman Gort: Fourteen, second reading ordinance.
Commissioner Winton: So move, Mr. Chairman.
Vice Chainnan Gort: It's been moved. Is there a second? Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: OK. Read it.
Note for the Record: The 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
CHAPTER 18/ARTICLE VIII OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/STORM
WATER UTILITY FEES AND FUND" TO CHANGE REFERENCES
THEREIN FROM "MIAMI RIVER COORDINATING COMMITTEE"
TO "MIAMI RIVER COMMISSION," MORE PARTICULARLY BY
AMENDING SECTION 18-298(6); CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of October 26, 2000, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner
Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L /Winton
NAYS: None
ABSENT: None
113 11/16/00
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11996.
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.
114 11/16/00
27. ACCEPT RESULTS OF SPECIAL MUNICIPAL ELECTION FOR CHARTER AMENDMENT
NO. 2, HELD ON NOVEMBER 7, 2000, FOR CHANGE IN COMPOSITION OF DEPARTMENT OF
OFF-STREET PARKING (DOSP) BOARD FROM FIVE MEMBERS APPOINTED BY BOARD
ITSELF AND CONFIRMED BY COMMISSION TO SEVEN MEMBERS', BY ADDING MAYOR AS
CHAIRPERSON OF BOARD AND BY ADDING.ONE MEMBER APPOINTED BY COMMISSION.
SAID AMENDMENT WAS DISAPPROVED BY ELECTORATE (See #29).
Vice Chairman Gort: Items 15 and 16 have been pulled. Item 17, accept the results of November 7, 2000
election, Charter.
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any discussion?
Walter Foeman (City Clerk): Mr. Chairman, I just want to put it on the record. This is accepting the
declaration of results and certificate from Dade County Canvassing Board, not from the City Clerk.
Commissioner Regalado: Is this a hand count or -- ?
Commissioner Sanchez: So stated on the record.
Vice Chairman Gort: Thank you. All --
Commissioner Regalado: No. Wait, wait, wait. There was a -- they're certifying only the second --
Mr. Foeman: They're certifying --
Commissioner Regalado: --'the second, only the second Charter Review.
Mr. Foeman: Right. The first question was suppressed.
Commissioner Regalado: Do we have to pay for both? Or -- it is the same Code.
Mr. Foeman: I haven't received the billing. Normally, the billing comes about three months after the
election. But I haven't received any notice of their intent to bill us for both issues.
Vice Chairman Gort: Can we make the statement that the check is in the mail, or something like that, or
we'll pay it when you pay us?
Commissioner Regalado: No, because, you know, there was only one page, right?
Mr. Foeman: Yeah. Our issue was only one.
115 11/16/00
•
Commissioner Regalado: So the cost will be the same. If there were two pages, it would be double cost.
That's basically it.
Mr. Foeman: I would assume.
Commissioner Regalado: I'm just saying that we didn't make the mistake.
Vice Chairman Gort: OK. Any further discussion? Being none, all in favor, state it by saying "aye."
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-1003
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, OFFICIALLY ACCEPTING THE ATTACHED
MIAMI-DADE COUNTY'S CERTIFICATION AND DECLARATION
OF THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION FOR
CHARTER AMENDMENT NO. 2, HELD ON NOVEMBER 7, 2000, IN
WHICH THE CHARTER AMENDMENT TO PROVIDE, EFFECTIVE
JANUARY 1, 2001, FOR A CHANGE IN THE COMPOSITION OF
THE DEPARTMENT OF OFF-STREET PARKING ("DOSP) BOARD
FROM FIVE MEMBERS APPOINTED BY THE BOARD ITSELF AND
CONFIRMED BY THE CITY COMMISSION, TO SEVEN MEMBERS,
BY ADDING THE MAYOR AS CHAIRPERSON OF THE BOARD
AND BY ADDING ONE MEMBER APPOINTED BY THE CITY
COMMISSION, WAS DISAPPROVED BY THE ELECTORATE.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
116 11/16/00
• 0
28. APPROVE AND, CONFIRM MANAGER'S FINDING OF AN EMERGENCY, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE
ACQUISITION OF SPACESAVER MOBILE FILING AND STORAGE SYSTEM AND
RECONFIGURATION OF MODULAR WORK STATIONS, $25,899.25; ALLOCATING FUNDS
FROM GENERAL OPERATING BUDGET OF OFFICE OF CITY CLERK AND LOBBYIST
REGISTRATION SPECIAL REVENUE FUND.
Vice Chairman Gort: Item 18, resolution ratifying the City Manager's actions, modular workstations in
City Clerk's Office.
Walter Foeman (City Clerk): Mr. Manager -- Members of the Commission, this was my issue. We had
the chain that supported the rotational movement between our filing shelves, which was broken, and it
prevented us from any access to our public documents., So we had work in the amount of twenty-five
thousand dollars ($25,000) that included not only filing system, but the modifications to our filing units,
modular work stations, some electrical modifications. And we did this back in September.
Commissioner Sanchez: So move.
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Any further discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-1004
A RESOLUTION (PENDING)
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
117 1 11/16/00
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
118 11/16/00
29. COMMENT BY COMMISSIONER TEELE REGARDING DECLARATION OF RESULTS OF
SPECIAL MUNICIPAL ELECTION FOR CHARTER AMENDMENT NO. 2, HELD ON NOVEMBER
7, 2000 (See #27).
Commissioner Teele: Mr. Chairman, on Number 17, did we do that one already?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I wanted to call for a recount.
Commissioner Regalado: That's what I said, a hand recount.
Commissioner Teele: A hand recount?
Commissioner Winton: Is that a manual recount?
Commissioner Sanchez: A manual count.
119 11/16/00
30. AMEND RESOLUTION NO. 00-170 WHICH AUTHORIZED MANAGER TO ALLOCATE
$2,205,000 IN HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FUNDS TO FOUR
DEVELOPERS IN CONNECTION WITH DEVELOPMENT OF 697 UNITS OF AFFORDABLE
HOUSING IN CITY; AMEND SAID RESOLUTION TO REFLECT LEGAL NAME OF DEVELOPER
AWARDED $140,000 IN CONNECTION WITH FINANCING OF VISTA ALEGRE APARTMENTS
PROJECT LOCATED AT 2235 SOUTHWEST 8TH STREET IN LITTLE HAVANA
NEIGHBORHOOD.
Vice Chairman Gort: Item 20. A resolution amending Resolution No. 00-170, Vista Alegre Apartments
Proj ect.
Commissioner Teele: So move. Whose district is this?
Commissioner Sanchez: Second 20. Mine. So I'll second.
Commissioner Teele: I apologize. I second the motion.
Commissioner Sanchez: I so move.
Vice Chairman Gort: It's been moved and seconded. Any discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-1005
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 00-170 TO CORRECTLY REFLECT THE LEGAL
NAME OF PENINSULA HOUSING DEVELOPMENT, INC. XV AS
THE DEVELOPER AWARDED FUNDS IN CONNECTION WITH
THE FINANCING OF THE VISTA ALEGRE APARTMENTS
PROJECT LOCATED IN THE LITTLE HAVANA NEIGHBORHOOD
AT 2235 SOUTHWEST 8TH STREET, MIAMI, FLORIDA;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
120 11/16/00
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the, following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None .
ABSENT: None
121 11/16/00
31. APPROVE AND CONFIRM MANAGER'S ACTION TO CONTRACT WITH TONYA, INC.
TO PROVIDE EMERGENCY TECHNICAL ASSISTANCE AND TRAINING TO STAFF;
ALLOCATING $29,750 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO COVER
COST OF TRAINING.
Vice Chairman Gort: Item 19, I passed it, which is a resolution ratifying the allocation to Tonya, Inc. to
provide technical assistance.
Commissioner Winton: So move.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded. Is there any further discussion? Being none, all in
favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-1006
A RESOLUTION (PENDING)
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
122 11 / 16/00
32. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE PROCUREMENT OF
INSPECTION AND ANALYSIS SERVICES OF FIRE ALARM SYSTEM AT MIAMARINA AT
BAYSIDE, FROM DIVERSIFIRE SYSTEMS, INC. FOR DEPARTMENT OF CONFERENCES,
CONVENTIONS AND PUBLIC FACILITIES, $5,125; WITH FUNDS. ALLOCATED FROM
MIAMARINA OPERATING BUDGET.
Vice Chairman Gort: Twenty-first. A resolution ratifying the City Manager's emergency finding for
inspection and analysis, the fire alarm system, Miamarina at Bayside.
Commissioner Teele: So move.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Any discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-1007
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES AND
AUTHORIZING THE ACQUISITION OF INSPECTION AND
ANALYSIS SERVICES FOR THE DEPARTMENT OF
CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES FOR
THE FIRE ALARM SYSTEM AT MIAMARINA AT BAYSIDE, FROM
DIVERSIFIRE SYSTEMS, INC., IN AN AMOUNT NOT TO EXCEED
$5,125; ALLOCATING FUNDS THEREFOR FROM THE
MIAMARINA OPERATING BUDGET, ACCOUNT NO.
413000.350505.840.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
123 11 / 16/00
•
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
124 11 / 16/00
33. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZE
REPAIRS TO ROOF OF COCONUT GROVE CONVENTION CENTER FOR DEPARTMENT OF
CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES FROM V.V. ROOFING, INC., $7,000,
AND MURTON ROOFING CORP., $1,500, TOTAL AMOUNT $8,500; ALLOCATING FUNDS
FROM COCONUT GROVE CONVENTION CENTER FY 99-00 OPERATING BUDGET.
Vice Chairman Gort: Twenty-second. A resolution ratifying the Manager's emergency finding of roof
repairs to Coconut Grove Convention Center.
Commissioner Teele: So move.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Request that the Chairman of the Charter Committee take note and increase the
Manager's authority to --
Commissioner Winton: I have taken duly note -- or duly taken note.
Vice Chairman Gort: OK. Thank you. 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. 00-1008
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -
FIFTHS (4/5THs) AFFIRMATIVE VOTE RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES AND
AUTHORIZING REPAIRS TO THE ROOF OF THE COCONUT
GROVE CONVENTION CENTER FOR THE DEPARTMENT. OF
CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES FROM
V.V. ROOFING, INC., IN AN AMOUNT NOT TO EXCEED $7'000,
AND MURTON ROOFING CORP., IN AN AMOUNT NOT TO
EXCEED $1,500, AT A TOTAL AMOUNT NOT TO EXCEED $8,500;
ALLOCATING FUNDS THEREFOR FROM THE COCONUT GROVE
CONVENTION CENTER FY 99-00 OPERATING BUDGET,
ACCOUNT CODE NO. 415000.350201.830.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
125 11/16/00
•
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
126 11/16/00
34. AUTHORIZE AN INCREASE IN CONSTRUCTION CONTRACT BETWEEN CITY AND
MASTER EXCAVATORS, INC., $350,000 FOR STORM WATER DRAINAGE CONSTRUCTION IN
CITYWIDE LOCAL DRAINAGE PROJECT E-75, B-5638, INCREASING CONTRACT SUM FROM
$731,350 TO $1,081,350.
Vice Chairman Gort: Item 23 has been withdrawn. Item 24. A resolution increasing construction
contract with Master Excavators, Inc., for drainage improvement.
Commissioner Winton: So move.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Discussion.
Commissioner Regalado: Mr. Chairman, Mr. Chairman; I need to -- there is a need to get a report of your
priorities on this project and the timetable, so we can be aware of what's going on.
John Jackson (Director, Public Works): Yes, sir, Commissioner. I'll provide -- we'll provide that.
Commissioner Regalado: Thank you.
Commissioner Sanchez: And this is based on the most urgently needed areas?
Mr. Jackson: Yes. John Jackson, Director of Public Works. These are some. of the locations where we
had flooding in the recent tropical storm on October 3rd and 4th. We were able to -- we increased this
contract with these locations. We already have them designed, and we can get them done at least within
the next four months or so.
Commissioner Sanchez: So these projects will be completed in the next four months. Is that what you're
saying?
Mr. Jackson: Most of the locations on here, yes.
Commissioner Sanchez: OK.
Commissioner Winton: And Mr. Jackson, I'm assuming that these are the places where you had the worst
flooding, not just flooding, because I know of a few other places where there's flooding, and they're not
on here. So I'm assuming this is prioritized in terms of worst flooding.
Mr. Jackson: Absolutely.
Commissioner Winton: And thank you, sir.
Mr. Jackson: These are the most severe areas.
127 11 / 16/00
C_
Commissioner Winton: And I know you're looking at the rest of them.
Mr. Jackson: Yes.
Commissioner Winton: Thank you.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: I'm in support of this resolution, but what I don't understand is this: Why isn't this
a sole source, Mr. Attorney? Why doesn't this require a four -fifths vote? I'm asking out of ignorance,
just for a point of information.
Alejandro Vilarello (City Attorney): On Item 24?
Commissioner Teele: Yes. The contract amount was substantially less than -- When the document was
bid, what was the bid amount of the contract?
Mr. Jackson: One million, eighty-one thousand, three hundred and fifty dollars ($1,081,350). One --
Commissioner Teele: No, no, no.
Mr. Jackson: No, excuse me. Seven -- excuse me.
Commissioner Teele: When this contract was bid some years ago, the bid limit, I thought, was seven
hundred and some thousand dollars.
Mr. Jackson: I'm wrong, Commissioner. You're right. It was seven hundred and thirty-one thousand
dollars ($731,000), yes.
Commissioner Teele: My question is really a legal question. Why is this not -- I mean, I agree with what
we're doing, but why isn't this a -- this, in effect, is a sole source.
Mr. Vilarello: Well, no, Commissioner. "Sole source" means that there's no other vendor or provider that
can do the job, or do the work or provide that particular service. And certainly, as an excavator, that
certainly wouldn't be the case._ However, they appear to be expanding a drainage project that has
expanded from seven hundred and thirty-one thousand dollars ($731,000) to slightly over a million. But it
would not qualify as a sole source.
Commissioner Teele: I withdraw the question. I'd like to talk to you about it, because, you see, this is a
sole source by another name.
Commissioner Sanchez: Call the question.
128 11/16/00
Vice Chairman Gort: What you're saying is there's no one else that can provide this type of work. I
mean, we all understand what "sole source" is. But what you're telling us is there's no one else that can
do this work.
Mr. Jackson: No, sir. That's not what we're saying. This is an increase in contract. Master Excavators is
currently working out here on drainage projects.
Commissioner Teele: It's a sole source. By definition --
Vice Chairman Gort: But why are we increasing the contract? Because when we went out for bid, we
went out for bid with a specific --
Mr. Vilarello: You expanded the scope of the work, and that's what expanded the price of the work.
Vice Chairman Gort: I'm sorry, what was that again?
Mr. Vilarello: You expanded the scope of the work from the time that you went out for bid, which
increased the cost of the project.
Vice Chairman Gort: And all the bidders were aware of this?
Mr. Jackson: This is a way of accelerating the work, and that was the request --
Commissioner Teele: That's exactly right.
Mr. Jackson: -- at an earlier Commission meeting. You asked us to accelerate the work, and this is the
way to get it done.
Vice Chairman Gort: That's OK. That's the explanation. Thank you
Commissioner Sanchez: Call the question.
Commissioner Teele: It's a sole source.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you. See --
Commissioner Teele: Mr. Jackson, see, be darned if you do and be darned if you don't.
Commissioner Winton: Right, right.
Vice Chairman Gort: See, but I want you all to understand that unfortunately -- unfortunately -- since we
are on TV, and there's many people watching this, there's many people coming to this meeting, they're
129 . 11/16/00
not aware that we receive all this background the week before we come here, and we do our homework,
and we go through all this. And sometimes, we go very fast on some of these issues. So it's important for
the people to understand what we've voting on and why these things happen. That's why we ask these
questions. Thank you.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-1009
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE IN THE JUNE 6, 2000
CONSTRUCTION CONTRACT WITH MASTER EXCAVATORS,
INC., FOR THE DEPARTMENT OF PUBLIC WORKS FOR STORM
WATER DRAINAGE IN THE CITYWIDE LOCAL DRAINAGE
PROJECT E-75, B-5638, IN AN AMOUNT NOT TO EXCEED
$350,000, FROM $731,350 TO $1,081,350;. ALLOCATING FUNDS
THEREFOR FROM PROJECT NO. 352231, AS APPROPRIATED BY
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 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
130 11/16/00
C�
35. RESCIND RESOLUTION NO. 00-332 AND AWARD OF INVITATION FOR BIDS NO. 99-00-
084 TO PHILCORP LANDSCAPE, INC.,' FOR PROCUREMENT OF HERBICIDE FOR
DEPARTMENT OF PARKS AND RECREATION; ACCEPT BID FROM AGRO DISTRIBUTION FOR
SAID PROCUREMENT, $20,090; ALLOCATING FUNDS FROM DEPARTMENT OF PARKS AND
RECREATION OPERATING BUDGET.
Vice Chairman Gort: Twenty-fifth. Rescission of award to Philcorp Landscape, Inc. and award to Agro
Distribution for herbicides.
Commissioner Teele: What number?
Commissioner Sanchez: Number 25. So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: Number 25. It's been moved. Is there a second? Discussion. Being none, all in
favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-1010
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING
RESOLUTION NO. 00-332 IN ITS ENTIRETY AND THE AWARD OF
INVITATION FOR BIDS NO. 99-00-084 TO PHILCORP LANDSCAPE,
INC. THERETO FOR THE PROCUREMENT OF HERBICIDE FOR
THE DEPARTMENT OF PARKS AND RECREATION; FURTHER
ACCEPTING THE BID FROM AGRO DISTRIBUTION, THE NEXT
LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR SAID
PROCUREMENT, IN AN ANNUAL AMOUNT .NOT TO EXCEED
$20,090, ON AN AS -NEEDED CONTRACT BASIS FOR ONE (1)
YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL
ONE (1) YEAR PERIODS; ALLOCATING FUNDS THEREFOR FROM
THE DEPARTMENT OF PARKS AND RECREATION OPERATING
BUDGET, ACCOUNT CODE NO. 00 1000. 5 803 02.6.712.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
131 11/16/00
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe .Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None
132 11/16/00
36. AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF SALE & KUEHNE, P.A.,
FOR REPRESENTATION OF MAYOR JOE CAROLLO IN MATTER OF DONALD H. WARSHAW
v. CITY, ALLOCATING $5,000 PLUS COSTS FROM SELF-INSURANCE . AND INSURANCE
TRUST FUND.
Vice Chairman Gort: Twenty-six. Mr. Attorney.
Alejandro Vilarello (City Attorney): Twenty-six is a request for additional funding for the law firm of
Sale and Kuehne in the amount of five thousand dollars ($5,000), with reference to the Warshaw versus
City of Miami matter, Case Number 00-112445. These are services that had been provided early on, and
these are outstanding invoices for the firm.
Commissioner Winton: So move.
Vice Chairman Gort: Thank you. It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded.
Commissioner Teele: What's the total amount that's going to the firm now?
Vice Chairman Gort: Fifty -- well --
Mr. Vilarello: At this point, it's a total of twenty thousand dollars ($20,000). If this resolution passes, it
would be a total of twenty thousand dollars ($20,000).
Vice Chairman Gort: OK. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
133 11/16/00
0 0
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00- 10 11
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW
FIRM OF SALE & KUEHNE, P.A. FOR REPRESENTATION OF
MAYOR JOE CAROLLO, IN THE AMOUNT OF $5,000, IN THE
MATTER OF DONALD H. WARSHAW v. THE CITY OF MIAMI, A
MUNICIPAL CORPORATION, IN THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DARE COUNTY, FLORIDA, CASE
NO. 00-11244-CA-04; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $5,000, 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.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
134 11/16/00
1
J
L_J
37. AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF AKERMAN, SENTERFITT
& EIDSON, P.A., FOR REPRESENTATION OF CITY IN MATTER OF DONALD H. WARSHAW v.
CITY; ALLOCATING $30,000, PLUS COSTS FROM SELF-INSURANCE AND INSURANCE TRUST
FUND.
Vice Chairman Gort: Twenty-seven. Mr. Attorney.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00- 10 12
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW
FIRM OF AKERMAN, SENTERFITT & EIDSON, P.A. FOR
REPRESENTATION OF THE CITY OF MIAMI, IN THE AMOUNT OF
$30,000, IN THE MATTER OF DONALD H. WARSHAW V. THE
CITY OF MIAMI, A MUNICIPAL CORPORATION, IN THE
ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CASE NO. 00-11244 CA 04; ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $30,000,
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.)
135 - 11/16/00
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
136 11 / 16/00
0 0
38. APPROVE PARTICIPATION IN CITY GROUP MEDICAL AND DENTAL INSURANCE
PROGRAM: (I) NON -EMPLOYEE MEMBERS OF CIVIL SERVICE BOARD, PLANNING
ADVISORY BOARD, AND ZONING BOARD; (2) ATTORNEYS ENGAGED TO REPRESENT CIVIL
SERVICE BOARD AND CODE ENFORCEMENT BOARD; (3) TRUSTEES OF GENERAL
EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST AND FIREFIGHTERS'
AND POLICE OFFICERS' RETIREMENT TRUST AND (4) ELIGIBLE DEPENDENTS OF
AFORESAID.
Vice Chairman Gort: Twenty-eight.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Second. Discussion.
Commissioner Winton: Yes.
Vice Chairman Gort: Yes, ma'am.
Sue Weller (Labor Relations Officer): I just need to make -- Sue Weller, Labor Relations Officer. I need
to make a correction for the record. On the memorandum, the cover memorandum that accompanied this
resolution, it specifies that the attorneys for all -- for the specified boards will be covered, whereas the
resolution specifies that the attorneys strictly for the Civil Service Board and the Code Enforcement Board
would be included.
Commissioner Winton: So if I read this right, this issue of providing health benefits isn't just to the
attorneys covering these boards, right?
Ms. Weller: No, sir. It is for the --
Vice Chairman Gort: No. It's also the board members, restoring what they used to have.
Commissioner Winton: The board members.
Ms. Weller: -- also the non -employee board members of the specified boards.
Commissioner Winton: I'm sorry? All which?
Ms. Weller: The non -employee board members of the specified boards.
Commissioner Winton: So why just these boards? Why not all the boards we have?
137 11/16/00
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Ms. Weller: My understanding is that these boards are the ones -- the boards that are compensated by the
City. The other boards are not.
Vice Chairman Gort: What you're doing, Johnny, is restoring the privilege that was taken away from
them at one time.
Commissioner Winton: Yeah, I understand. I'm not thrilled by it, anyhow. So what -- and why -- I see
Code Enforcement Board isn't included in this first group. Is it?
Alejandro Vilarello (City Attorney): No. The members of the Code Enforcement are not covered,
because they're a State authorized board, or authorized by State Statute, and that -- we're not permitted to
provide that benefit to them.
Commissioner Winton: What is the difference in a board member serving on one of these boards, in terms
of the amount of time and commitment they have versus other boards that we have?
Ms. Weller: I don't know.
Commissioner Winton: Waterfront Advisory Board, just pull that one out of the air. There's a -- there's
probably a dozen more.
Mr. Vilarello: Well, specifically -- well, you just mentioned advisory board. Certainly, the boards that are
contemplated here are the Civil Service Board, the Planning Advisory Board and the Zoning Board.
Commissioner Winton: Planning Advisory Board. He just said that.
Ms. Weller: Right.
Mr. Vilarello: It's somewhat different than the Waterfront Advisory Board. These are boards that --
perhaps the Administration can explain why, historically these were funded. However --
Ms. Weller: The boards are compensated boards, and what we are approaching to do is to address these
boards that previously had this benefit that was deleted at the time of the crisis, the fiscal crisis.
Commissioner Sanchez: What's the total cost to the City?
Ms. Weller: That total cost can range anywhere from -- if every -- all of the non -employee members and
the attorneys.
Commissioner Sanchez: No, just the ones that are in this resolution.
Ms. Weller: That's what I'm talking about.
Commissioner Sanchez: OK.
138 11/16/00
•
Ms. Weller: There would be a total of about 40 individuals that could participate. .And if all of them
participated, it could be anywhere between eighty-seven thousand and two hundred and forty-nine
thousand, if all participated.
Commissioner Sanchez: And of course, this would be subject to the Oversight Board approving it?
Ms. Weller: My understanding is that's correct.
Commissioner Winton: Well, I've served on a lot of boards in my life, and I never served on one single
civic board where whatever that entity was provided me and my family for health insurance. And I
understand that these people are volunteers, but there's a million volunteers out there serving on lots of
boards. And I just don't get the reason why the City of Miami is going to provide health insurance and
spend ninety to two hundred and fifty thousand dollars ($250,000) a year -- and it's an annual cost, so it's
recurring forever -- on these boards. The people -- and if the volunteers feel that it's too burdensome to
serve in that capacity because they don't have health insurance, there's a lot of people we could line up to
fill those spots. So I'm not thrilled, at all, about the City providing this benefit.
Commissioner Sanchez: Johnny, two sides to this argument here. One is that we, in the past, set a
precedence that they did receive these benefits. And the other side is that a lot of these individuals that are
on these boards get here about 6 o'clock and leave here about 1, 2 o'clock in the morning. But then again,
you know, I can't argue the fact that you make a good argument when you say, "Well, how about the
Water Board, the Waterfront Board and all these other boards that hold the same commitment?" You
know that they make the same sacrifices as everyone else, and they're not getting it. The concern that I
see here, and, you know, it's something that I really have to think about in supporting is that, you know,
the Oversight Board, I don't think it will pass muster with the Oversight Board. But, you know, I don't
know. Some of the things that didn't get approved I thought were going to get approved from the
Oversight. So that's something that I would like to further analyze, because you make a good argument.
Why aren't the other boards here? And you're talking a major impact of eighty-seven thousand dollars
($87,000) to two hundred and some thousand dollars. That's a major impact.
Commissioner Winton: Per year.
Commissioner Sanchez: Per year.
Commissioner Winton: And I'm not even arguing, making the argument about all the other boards,
frankly. Philosophically, I'm opposed to the City providing this cost to volunteers. I think the word
"volunteer" means you're a volunteer. It doesn't mean you are paid. Otherwise, you're paid. So this
creates paid positions, not volunteer positions. And so I'm not going to support it.
Vice Chairman Gort: OK. Any further discussion? Any other Commissioner? Yes, sir.
Mariano Cruz: Mariano Cruz, 1227 Northwest 26'h Street. I serve on the Civil Service Board. I won't be
using any of that insurance. So it's not that so much money, because is that non-contributory or
contributory, also, the plan? You have to pay.
Commissioner Sanchez: And another good question: If you have insurance already --
139 11 / 16/00
Mr. Cruz: I got --
Commissioner Sanchez: -- like yourself.
Mr. Cruz: I got federal insurance and I got the Veterans Affairs Medical Center. So I don't need to use
any insurance.
Commissioner Sanchez: So not everyone --
Mr. Cruz: NO, no.
Commissioner Sanchez: -- that's on this board is going to take advantage of this resolution.
Mr. Cruz: Of that, sure.
Ms. Weller: That's.correct. We don't know.
Commissioner Sanchez: Which, in the long run, has a cost factor to the City. Now, hypothetically
speaking, and just reaching up to the sky and grabbing a number, how many people do you think will
participate? And maybe you don't have the answer, and I apologize for asking a hypothetical question.
But I would like to know, because, I mean, there's a big difference. Maybe only 20 people would
participate, not 80, and then that's something that's more acceptable. I mean, eighty thousand dollars
($80,000) to two hundred and some thousand dollars, there's a big gap in money.
Ms. Weller: Commissioner, let me explain on that eighty thousand. That eighty thousand is single
coverage, if every person participates for single coverage. The two hundred and some odd thousand is if
every person participates for family coverage. So it could be considerably less than eighty thousand,
because I certainly do not believe that everyone will participate in it.
Commissioner Sanchez: All right. Well, how about if I ask the Administration to ask these individuals if
they're going to participate in it, so we have an exact number.
Commissioner Teele: Good idea. So he wants to do a survey.
Commissioner Sanchez: It's just to find out an exact -- an exact amount. Hey, listen, it's the taxpayers'
money. That's my philosophy here. You know, you want -- every -- people come to me with waivers and
all kinds of ideas. Hey, you want to make it easy? Let's put it out for referendum and, let the people
decide. You know, we can't do it that way. I would like to know -- I could support this concept, because
these people make a tremendous sacrifice, they do. To come here, and sit here, and put up with all the
"donkey dust" that goes around here, you know, you might as well give them at least an insurance,
because they leave here with headaches, and, you know, they're going to need to see a doctor when the
leave here after a few years, especially if you're in the second floor. So, you know, I'd like to find out an
exact number, come back -- 20 people are going to participate -- so, you know, the taxpayers that are
watching right now, you know; they may accept only 20 people. What is the cost of 20 people if they
participate, singly or family? That --
140 11 / 16/00
•
Commissioner Winton: Call the question.
Commissioner Sanchez: Well, the question would be to have the Administration come --
Commissioner Winton: No, no. I said, "Call the question." Let's vote.
Vice Chairman Gort: OK. Call the question. OK.
Commissioner Sanchez: You want to vote on the issue?
Commissioner Winton: Yes.
Commissioner Sanchez: All right, call the question.
Vice Chairman Gort: All in favor state it by saying "aye."
Commissioner Teele: Aye.
Commissioner Sanchez: Aye.
Commissioner Regalado: Aye.
Vice Chairman Gort: Aye.
Commissioner Winton: No.
Vice Chairman Gort: One "nay." Thank you.
141 .11/16/00
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The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00- 10 13
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PARTICIPATION IN THE CITY OF MIAMI GROUP MEDICAL
AND DENTAL INSURANCE PROGRAM DURING THE TERM OF
THEIR APPOINTMENTS BY: (1) THE NON -EMPLOYEE MEMBERS
OF THE CIVIL SERVICE BOARD, PLANNING ADVISORY BOARD,
AND ZONING BOARD; (2) ATTORNEYS ENGAGED TO
REPRESENT THE CIVIL SERVICE BOARD AND CODE
ENFORCEMENT BOARD; (3) TRUSTEES OF THE GENERAL
EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT
TRUST, AND THE FIREFIGHTERS' AND POLICE OFFICERS'
RETIREMENT TRUST AND (4) THE ELIGIBLE DEPENDENTS OF
THE AFORESAID, EFFECTIVE AS OF THE COMMENCEMENT OF
FISCAL YEAR 2001; FURTHER DIRECTING THE CITY MANAGER
TO TAKE ALL STEPS NECESSARY TO AMEND THE CITY OF
MIAMI GROUP MEDICAL AND DENTAL INSURANCE PLAN
DOCUMENTS TO ALLOW FOR THE PARTICIPATION OF SAID
INDIVIDUALS, CONTINGENT UPON PAYMENT BY THESE
INDIVIDUALS OF THE SAME PREMIUM CONTRIBUTION PAID
BY CITY OF MIAMI GENERAL EMPLOYEES; ALLOCATING
FUNDS THEREFOR AS REQUIRED FROM THE GENERAL FUND,
ACCOUNT CODE NO. 001000.920104.6.170, 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 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.
NAYS: Commissioner Johnny L. Winton
ABSENT: None
Vice Chairman Gort: By the way, why are we being charged another cent to send letters out? I mean,
don't you guys make enough already and all that?
Mr. Cruz: Listen, I just case and deliver. I am not on the Board of Governors.
142 11 /16/00
E,
Commissioner Winton: You guys ought to get more efficient out there.
Vice Chairman Gort: Oh, OK. We should get you on there.
Commissioner Winton: Instead of yelling at us, you need to go yell at the Post Office.
Vice Chairman Gort: I'm going to make sure. I'm going to get you on the Board of Governors.
143 11 / 16/00
39. AUTHORIZE MANAGER TO EXECUTE AMENDMENT TO EXISTING AGREEMENT
WITH LAW FIRM OF GREENBERG, TRAURIG, TO EXTEND TERM OF AGREEMENT AT SAME
TERMS AND CONDITIONS FOR PROVISION OF FEDERAL GOVERNMENT LOBBYING AND
CONSULTING SERVICE TO CITY; ALLOCATING $100,000.
Vice Chairman Gort: Item 29.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: OK. Any further 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. 00-1014
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE EXISTING AGREEMENT,, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE LAW FIRM
OF GREENBERG, TRAURIG, ET AL. TO EXTEND THE TERM OF
THE AGREEMENT AT THE SAME TERMS AND CONDITIONS FOR
THE PROVISION OF FEDERAL GOVERNMENT LOBBYING AND
CONSULTING SERVICES TO THE CITY OF MIAMI FOR A PERIOD
OF ONE (1) YEAR EFFECTIVE OCTOBER 1, 2000, INCLUSIVE OF
EXPENSES; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT
NOT TO EXCEED $100,000, FROM ACCOUNT CODE NO. 920216-
270 FOR SAID SERVICES.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
144 11/16/00
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
145 11 / 16/00
40. AUTHORIZE MANAGER TO EXECUTE AMENDMENT TO EXISTING AGREEMENT
WITH KATZ, KUTTER, ALDERMAN, HAIGLER, BRYANT & YON, P.A. AND RICHARD L.
SPEES, P.A., TO EXTEND TERM OF AGREEMENT AT SAME TERMS AND CONDITIONS FOR
PROVISION OF FEDERAL GOVERNMENT LOBBYING AND CONSULTING SERVICES TO
CITY; ALLOCATING $100,000.
Vice Chairman Gort: Item 30.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved. Is there a second? Any further discussion? 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. 00-1015
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE EXISTING AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH KATZ, KUTTER,
ALDERMAN, HAIGLER, BRYANT & YON, P.A. AND RICHARD L.
SPEES, P.A. TO. EXTEND THE TERM OF THE AGREEMENT AT
THE SAME TERMS AND CONDITIONS FOR THE PROVISION. OF
FEDERAL GOVERNMENT LOBBYING AND CONSULTING
SERVICES TO THE CITY OF MIAMI FOR A PERIOD OF ONE (1)
YEAR, EFFECTIVE OCTOBER 1, 2000; ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $100,000,
INCLUSIVE OF EXPENSES, FROM ACCOUNT CODE NO. 920216-
270, FOR SAID SERVICES.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
146 11 / 16/00
E
U
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
147
11/16/00
® 0
Vice Chairman Gort: Item 31.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00- 10 16
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, REQUESTING THAT THE BOARD OF MIAMI-
DADE COUNTY COMMISSIONERS DELEGATE, PURSUANT TO
SECTION 163.410, FLORIDA STATUTES (1999), THE POWER OF
EMINENT DOMAIN TO THE CITY OF MIAMI ("CITY") TO BE
EXERCISED BY THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY DEVELOPMENT AGENCY FOR THE COMMUNITY
REDEVELOPMENT AREA; AUTHORIZING AND DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO
THE HEREIN NAMED OFFICIALS.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
148 11 / 16/00
• 0
Vice Chairman Gort: Item 32. Purchase of police -- that was pulled. Item 33. Mobile digital computers.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved. Is there a second? Discussion? What I'd like in the -- and I had
requested this a long time ago -- we would have a -- not specifically on this, we're going to move on this -
- but I requested every time we have an item that deals with communication and computers, I want it to be
part of the master plan that we have put together, and we can specify what segment of the master plan
each item is. OK? Thank you. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Which one was that one?
Vice Chairman Gort: Thirty-three.
Commissioner Sanchez: Wow.
a
149 11/16/00
i
n
u
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00- 10 17
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE ACQUISITION OF MOBILE DIGITAL COMPUTERS ("MDC's"),
DESKTOP COMPUTERS, SERVERS, SOFTWARE, RELATED
EQUIPMENT, AND SERVICES FOR THE DEPARTMENT OF
POLICE FROM UNISYS CORPORATION AND OTHER VENDORS,
UNDER EXISTING STATE OF FLORIDA CONTRACT NOS. 250-040-
99-1, 250-050-97-1, 973-561-99-1, AND THE STATE NEGOTIATED
AGREEMENT PRICE SCHEDULES ("SNAPS") CONTRACT NOS.
2501738-1 AND 250937-1, AND ANY EXTENSIONS THERETO, IN
AN AMOUNT NOT TO EXCEED $3,999,633; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO.
312032, IN THE AMOUNT OF $2,150,451; CAPITAL IMPROVEMENT
PROJECT NO. 312010, IN THE AMOUNT OF $166,230; AND THE
COPS MORE '98 GRANT, SPECIAL REVENUE FUND, ACCOUNT
CODE NO. 142025.290512.6.840, IN THE AMOUNT OF $1,682,952.00.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
150 11/16/00
LJ
43 DEFER APPOINTMENiT T®`BVDGET AND FINANCES REVIEW C®MMITTEEE
Vice Chairman Gort: Item 34. Budget and Finance Review Committee.
Commissioner Teele: Move to defer, Mr. Chairman.
Vice Chairman Gort: Moved to defer.
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Any further discussion?
Commissioner Winton: Do you have to defer that?
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00- 10 18
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 34
(APPOINTMENT TO THE BUDGET AND FINANCES REVIEW
COMMITTEE).
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
151 11/16/00
Vice Chairman Gort: We have board appointments now. Item 35. Coconut Grove Parking Advisory
Board. The Commission at Large has one appointment.
Commissioner Winton: Oh. I'd like to appoint Mr. Will Johnson.
Vice Chairman Gort: There's a motion to --
Commissioner Teele: Second the motion.
Vice Chairman Gort: -- appoint Mr. Will Johnson. It's been seconded. Further discussion? Being none?
All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00- 10 19
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE COCONUT GROVE
PARKING ADVISORY COMMITTEE. 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
152 11/16/00
Vice Chairman Gort: The Health Facilities Authority Board, I have an appointment. Commissioner
Winton, you have an appointment?
Commissioner Winton: I don't.
Vice Chairman Gort: I'll pass until later on. I'll bring my appointment in a minute. Let me appoint the
same person that's been serving.
153 11/16/00
46 APPOINT OBDTTLIO PIEDRA ASMElVIBER..OF ,THE LATE;:QUARTER ; VIEW BOARD ;
Vice Chairman Gort: Item 37. Latin Quarter. Commissioner Teele, you have one appointment.
Commissioner Winton, you have an appointment.
Commissioner Winton: I don't have anyone, but I would say to any of my fellow Commissioners up here,
you know, if you all know someone who really has an interest in this subject, let me know. I'll be glad to
appoint them. We can do it next time.
Commissioner Teele: What are we working on?
Commissioner Winton: Latin Quarter Review Board.
Commissioner Teele: What item number?
Commissioner Winton: Then I would appoint Obdulio Piedra.
Commissioner Sanchez: Second.
Vice Chairman Gort: OK. It's been moved. Is there second? Teele, you want to waive your nomination?
Commissioner Teele: Yes, sir.
Vice Chairman Gort: OK. All in favor of the nomination please state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-1020
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE LATIN QUARTER
REVIEW 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.)
154 11/16/00
r�
u
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
155 11/16/00
Vice Chairman Gort: Thirty-eight. Little Havana Festival Committee. Commissioner Winton, you have
an appointment.
Commissioner Winton: And I would say the same thing.
Vice Chairman Gort: Commissioner Teele, you have an appointment.
Commissioner Teele: Same thing. I'd say the same thing.
Commissioner Winton: Bring us names next time. I would nominate Jesus Morales.
Vice Chairman Gort: You're getting real good at this. There's a motion. Is there a second?
Commissioner Teele: Which one is this?
Commissioner Sanchez: Hey, Johnny, I'm going to bring you up to advanced Spanish already.
Commissioner Teele: What number are we on?
Commissioner Sanchez: When you came here, you couldn't pronounce the "R's," and now you're rolling
them, man, "Rrrrr."
Commissioner Regalado:.Thirty-eight.
Vice Chairman Gort: This is the Little Havana Festival Committee. This is the committee that sits
through the whole year and selects the amount of festivals that should be done. The reason, the merchants
and the Latin Chamber of Commerce came to us, because there were too many events taking place on
Saturdays and Sundays on Calle Ocho, and it was hurting some of the businesses. So they want to make
sure that the events that take place are limited and they are really a benefit of the area. Commissioner
Teele, you have an appointment for that one.
Commissioner Teele: Luis Sabines.
Commissioner Sanchez: Senior or Junior?
Commissioner Teele: Senior.
Vice Chairman Gort: OK. There's another motion. Do I have a --
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Do I have a vote to approve the nominations by the
two Commissioners?
156 11/16/00
i
•
Commissioner Sanchez: So move.
Commissioner Regalado: Second.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively):. Aye.
The following resolution and motion were introduced by Commissioner Teele, who moved for its
adoption:
RESOLUTION NO. 00-1021
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE LITTLE HAVANA
FESTIVAL COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
MOTION NO. 00-1021.1
A MOTION REAFFIRMING THE REAPPOINTMENT OF JESUS
MORALES AS A MEMBER OF THE LITTLE HAVANA FESTIVAL
COMMITTEE.
Upon being seconded by Commissioner Winton, the resolution and motion were 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
157 11/16/00
Vice Chairman Gort: Thirty-nine. Miami Street Co -Designation Review Committee. Commissioner
Winton, Commissioner Teele.
Commissioner Teele: Bernie Sawyer.
Vice Chairman Gort: The nomination by Commissioner Teele is Bernie Sawyer.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor of
the nomination, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-1022
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE MIAMI STREET CO -
DESIGNATION REVIEW COMMITTEE 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 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
158 11/16/00
Vice Chairman Gort: Item 40. Property and Asset Review Committee. Commissioner Regalado,
Commissioner Sanchez, Commissioner Teele, you all have one nomination.
Commissioner Regalado: I will defer mine.
Commissioner Sanchez: I will defer mine.
Commissioner Teele: I'll nominate Ron Cordon.
Vice Chairman Gort: Nomination by Commissioner Teele, Ron Cordon.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor of
the nomination, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-1023
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE PROPERTY AND ASSET
REVIEW COMMITTEE 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 Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
159 11/16/00
U
Vice Chairman Gort: Overtown Advisory Board. Item 41. Mayor Carollo has one appointment to make
and Commissioner Teele has one appointment to make.
Walter Foeman (City Clerk): These have to be made from the applications on file. We have three names
that are proffered: Rosa Green, Israel -=
Commissioner Teele: It's my understanding that the Mayor is going to name Father Lloyd. Is that -- do
we have anything on that? Let's hold it open until we do. I'll just nominate Rosa Green.
Commissioner Winton: Second.
Vice Chairman Gort: OK. It's been moved. Is there a second? You seconded it, Commissioner Winton.
Any further discussion? Being none, all in favor of the nomination, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-1024
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE OVERTOWN 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 Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele; Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
160 11 / 16/00
•
•
Vice Chairman Gort: Commissioner Winton, you have a nomination.
Commissioner Winton: For Charter Review Committee, I nominate Tomasina Williams.
Vice Chairman Gort: Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Moved and seconded. Any further discussion? Being none, all in favor of the
nomination, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-1025
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE CHARTER REVIEW AND
REFORM COMMITTEE 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 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
161 11/16/00
Walter Foeman (City Clerk): Mr. Chairman.
Vice Chairman Gort: Discussion, item 46. Yes.
Mr. Foeman: Excuse me. On the Health Facilities Authority, you had mentioned you want to make your
same appointment again.
Vice Chairman Gort: Yes, sir.
Mr. Foeman: Can we do that by motion?
Vice Chairman Gort: Go right ahead.
Commissioner Teele: What's the name?
Mr. Foeman: I need a movant and a seconder.
Commissioner Teele: I move the name -- what's the name?
Mr. Foeman: Deanna Lee Ponso.
Commissioner Teele: I move that person, on behalf of who?
Mr. Foeman: Vice Chairman Gort.
Commissioner Teele: Vice Chairman Gort.
Commissioner Winton: Second.
Vice Chairman Gort: It's moved and seconded. Any further discussion? Being none, all in favor, state it
by saying "aye."
The Commission (Collectively): Aye.
162 11 / 16/00
•
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-1026
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL AS A MEMBER OF THE HEALTH
FACILITIES AUTHORITY 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 Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman. Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
163 11/16/00
0. 10
Vice Chairman Gort: Item 42 is a discussion item in compliance with the required ordinance --
Commissioner Teele: Forty-two?
Commissioner Sanchez: Discussion concerning financial update and budget --
Vice^Chairman Gort: Financial and budget.
Commissioner Sanchez: -- outlook. Mr. Budget Director?
Vice Chairman Gort: It's all yours.
Bob Nachlinger (Assistant City Manager): Thank you, Mr. Chairman. Bob Nachlinger, Assistant City
Manager. The July 2000 financial report is presented for your review. At the July period, we anticipated
a budget surplus in the neighborhood of ten point five million dollars ($10.5 million). We are going to use
a portion of those funds to set aside a reserve for the Ortiz settlement. A portion was planned to be used at
that point for the Miami River Dredging Project, about one point four million dollars ($1.4 million) for
capital improvements. At that time, we were planning to use one to two million dollars ($2,000,000) for a
revolving fund to foreclose property. And the fifth item was one million dollars ($1,000,000) for other
capital improvements, as designated by the Commission. The Parking Surcharge Program, at that point,
we had collected for the fiscal year about nine point six million dollars ($9.6 million). We --
Commissioner Teele: How much?
Mr. Nachlinger: Nine point six for the 2000 fiscal year. That's through the ten-month period. We had
hired 478 people for the year and had 326 separations. Total employment, including part-time employees
at that point was 4,087 employees. The overtime portion, the total amount that had been expended in
overtime for the fiscal year was nine point eight million dollars ($9.8 million). Slightly over eight point
four million of that was in the Police Department. We had -- Basically, that's a summary of the financial
statement. If there's any questions, I'll be happy to try to answer them for you.
Vice Chairman Gort: Any questions?
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Thank you. Mr. Nachlinger, regarding the parking surcharge, that period was for a
ten-month period; is that correct?
Mr. Nachlinger: That is correct.
Commissioner Teele: And that period, that nine point -- what was the number you said? Nine point -- ?
164 11 / 16/00
Mr. Nachlinger: Nine point six million.
Commissioner Teele: The nine point six does not include funds from Dade County, including the seaport,
Jackson Hospital --
Mr. Nachlinger: And other County facilities.
Commissioner Teele: -- or any of those, nor does it include anything from Miami -Dade Community
College, or any other governmental agency; is that correct?
Mr. Nachlinger: That is correct.
Commissioner Teele: Have we begun an audit of those agencies to determine the amount of money that's
in controversy? I would imagine in discovery, or whatever -- or whatever, we'd be trying to determine
that?
Alejandro Vilarello (City Attorney): Yes, Commissioner. An audit has been commenced of Miami -Dade
County, at a minimum, Miami -Dade County and its facilities, all of its facilities.
Commissioner Teele: And Miami -Dade Community College?
Mr. Vilarello: I have not -- I'm not aware of Miami -Dade Community College. It has that one parking
garage, and the Heat portion of the parking garage that's used for the games is allegedly providing a
surcharge. I don't know whether there's been an audit of that done.
Commissioner Teele: What about the Miami -Dade School Board? I mean, I just think we need to really
be -- You know, after watching Commissioner Gort's presentation this morning, you know, this -- you
know, if there's ever a City, other than Washington, D.C. that is being totally inundated in its business
core with non -tax -bearing properties, it's the City of Miami. I mean, we're not even Tallahassee, and
we've got all of this stuff here. And it just seems to me that in the areas where we can make it up, such as
in fees, we should be very, very aggressive. And I really would like to have a much better understanding,
and I think we should really be seeking through discovery or through audit a much better handle on how
much money is out there. Would you offer a ballpark figure as to what the full amount of parking
surcharge, if we were collecting that on a 12-month basis? Just a -- I won't hold you to the number, but a
"back of the envelope" number.
Commissioner Sanchez: Twelve mill.
Mr. Nachlinger: If you don't hold me to the number, my guess is fourteen million annually.
Commissioner Teele: Fourteen to fifteen million. OK. And I think that's the right number, I really do.
And I do think there are a lot of other things that we have not looked at, like Miami -Dade Community
College, as well as the School Board. So I just think we need to be -- I mean, nobody is trying to hurt any
of these institutions, but they are there. They're not paying any -- bearing any tax burden. The least they
can do is pay the fees. And again, I would just remind you of .the presentation by Commissioner Gort and
165 11/16/00
the DDA (Downtown Development Authority) as to why that's so important. My final issue is this:
There are -- I'm aware of a number of bookkeeping issues, Mr. Nachlinger, between the auditors and the
City. I would hope that we can resolve all of the bookkeeping issues. I know that there -- we passed a
resolution relating to revenue bonds, relating to the Southeast Overtown/Park West bonds that were done
about eight years ago. There's a five hundred and fifty thousand dollar ($550,000). reserve that is not in
place now by the City. We need to go ahead. and do that. I think there are some serious issues in
Commissioner Sanchez' area where he has shown really initiative and leadership on behalf of the
Commission in the risk management area, where we've always had some holes. And I think we need to
look very closely with the City Attorney and with Frank Rollason. In his previous life, he used to run the
Risk Management. And we need to go ahead and clean that stuff up. That was one of the real big areas of
concern. So I'm specifically directing you or asking you to please look closely at the risk management
area in terms of the holes that we have in our budget, as well as the financial areas where we've got
reserves that have not been -- that have been booked one way, and they should be booked another way,
and those kinds of bookkeeping errors, so that we can get it done. I mean, these aren't big numbers, but
it's just a question of getting the round pegs in the round holes, and the square pegs in the square holes.
And I really appreciate you coming forth and explaining where we are. Thank you.
Vice Chairman Gort: Thank you. I'd like to add Ms. Weintraub has been working with the federal
government for quite a bit, I think two or three years, where the federal government would not pay taxes,
but they'll pay service fees. I'd like to know where that is, because in that presentation today, you saw the
amount of property, tax-exempt, that we have only within the Central Business District.
Mr. Nachlinger: Yeah. At this point, I don't believe the federal government has agreed to pay a PILOT
(payment in lieu of taxes) payment on their new courthouse facility. I know that Real Estate and
Economic Development is working with them, trying to get that. I think their issue is that they are willing
to do it. They're concerned about congress actually appropriating the funds to do so.
Vice Chairman Gort: OK. Well, the other day, I went by Jackson, which is not owned by us. They don't
pay taxes. There were ten police cars in there, because they had an incident to take place in there, and we
are the ones that were covering that incident. And if there is a fire, we are the ones that have to cover it, or
if there is an emergency. And I think somehow, they should, pay for those services. Thank you, sir. I
appreciate it. Any other questions from the Commissioners?
Commissioner Sanchez: I do. Bob, how much are we putting into the Miami River dredging?
Mr. Nachlinger: I think our total commitment is two million dollars ($2,000,000) we've budgeted out of
the surplus.
Commissioner Sanchez: Our commitment is a time frame -- right? -- in certain years, or .is it just all at
once?
Mr. Nachlinger: No. It.actually will span two to three years. We put one point two million of the.prior
year's reserve into the Miami River Dredging Project, leaving us eight hundred thousand to fund. Our
commitment was four million, but the Florida Inland Navigation District came in with a 50 percent match
for both the City and County, leaving us with a two million dollar ($2,000,000) commitment, of which one
point two has been funded.
166 11 / 16/00
Commissioner Sanchez: Bob, another thing that I have brought out on several occasions -- I'm going to
bring it out today again -- is that we, of course, we're always trying to bring in revenues to the City. And I
think the parking surcharge that was so needed in Tallahassee, and we fought it in Tallahassee and were
able to get it passed really helped us out. I underestimated the revenue. I always thought it was about
twelve million. You say fourteen million. That's even better. But one of the things that I think that we
lack of-- and I know that it's probably not a good political thing to say, but I think leadership -wise, it's
good -- I think that we tend to not to focus on the businesses that -- you know, some businesses, I continue
to get phone calls. And I'm not going to name any names, but people change businesses, and they don't
get occupational licenses, and they continue to use the other occupational license. I think if we look at
that -- which I really don't see anything wrong with it -- if you really go to a business and you check if
they have the licenses. I mean, there are rules and regulations. This is a country of rules and regulations,
and we follow them. But I think there is a lot of revenue that could be brought into the City, if we're able
to do that, if we're able to go to these businesses and see if their occupational license is up. And any other
permits or whatever licenses that are not up, I think that we could generate more money. I know that
you're in the stage of cleaning up now, and going through all the numbers, and, you know, we're driving
you crazy at the Orange Bowl to finally put the numbers together. And I really appreciate you working
very hard with Mr. Freeman to finally put an end to it and see if the numbers match. But those are -- I
think every Commissioner here should provide bits, pieces to try to come up with more revenues without
having to reach the taxpayers of the City, which, you know; they have carried the load for a while now.
And hopefully, next year, we'll be able to work on some tax relief for them. But those are just some
suggestions I'm making. If we could get some people to check on the businesses and make sure their
occupational license -- because, you know, they sell the business, and the other guy comes in, and he
continues to run the business with that old license. And those are just some creative ways that I think we
could come up with additional revenues for the City.
Mr. Nachlinger: Yes, sir. Thank you.
Vice Chairman Gort: Thank you, Commissioner Sanchez. My understanding is the amount approved by
the board was nine million dollars ($9,000,000) for the parking surcharge.
Mr. Nachlinger: I think it was nine.
Carlos Gimenez (City Manager): The original amount?
Vice Chairman Gort: The original amount.
Mr. Gimenez: The original is seven or nine. You're right.
Commissioner Sanchez: What? The original numbers?
Vice Chairman Gort: It was nine. Now, for the year 2001, they had stated how much they're going to --
in that budget, for next year's budget, what was it agreed?
Mr. Nachlinger: Eleven million in next year's budget.
167 11 / 16/00
0
n
LJ
Commissioner Sanchez: Just out of --
Vice Chairman Gort: It was nine, also, nine something?
Mr. Gimenez: It was originally seven. They adjusted it up to nine.
Vice Chairman Gort: Right. OK. But for next year, it's also nine?
Mr. Nachlinger: Eleven.
Commissioner Sanchez: Eleven.
Vice Chairman Gort: Oh, eleven for next year. OK.
Commissioner Sanchez: Bob, just out of curiosity, how much are we collecting on the parking surcharge
percentage -wise? Would you think we're like in the 80 percent range, 90 percent?
Mr. Gimenez: In terms -- are you talking about compliance?
Commissioner Sanchez: Compliance, compliance. People paying.
Mr. Gimenez: I think we're pretty high, but there's still some more to reel in. But if I were to guess, I'd .
give you a guesstimate of somewhere between 80 and 90 percent.
Mr. Nachlinger: Excluding; of course, Dade County.
Vice Chairman Gort: Thank you.
Commissioner Regalado: Question. I got a question. How much is the new parking facility in Coconut
Grove, the Off -Street Parking facility that they just opened, expected to bring to the City?
Mr. Gimenez: The -- in terms of surcharge?
Commissioner Regalado: Yes.
Mr. Gimenez: I really couldn't tell you. They have 450 spaces. I don't know if those are spaces that are
new spaces, or just reallocation of spaces. I need -- I'll call them and find out how much they estimate the
increase to us from that particular facility.
Commissioner Regalado: They say it's nineteen thousand dollars ($19,000).
Mr. Gimenez: Per month?
Commissioner Regalado: Yeah.
168 11/16/00
Mr. Gimenez: OK. But then, of course, you have to -- we have to estimate if that's -- there are other
parking lots in the area that maybe theirs will decrease because you have this new one, so we really have
to balance it out, we need to find out what that impact will be.
Commissioner Regalado: Do you have any meetings planned with Off -Street Parking in terms of, you
know, seeing what they -- what else they can do for the City?
Mr. Gimenez: Yes. As a matter of fact, we've asked them to give us an estimate or a proposal for that
parcel of land in front of the FEC (Florida East Coast) slip to provide the parking there, and we're
awaiting their response on that.
169 11/16/00
Commissioner Regalado: Has the Mayor requested from you to bring back to the Commission the issue of
the Charter amendment for a special election?
Carlos Gimenez (City Manager): Which Charter amendment are you talking about?
Commissioner Regalado: The parking, the Off -Street Parking.
Mr. Gimenez: No, sir.
Vice Chairman Gort: OK. Any further questions?
Vice Chairman Gort: Then -- Mr. Chairman. Then it's now in the hands of the Charter Review
Committee if they want to do it. That is Johnny?
Commissioner Winton: I guess. I mean, anything that anyone wants to bring, any --
Commissioner Regalado: Any Charter review.
Commissioner Winton: Right.
Commissioner Regalado: Any Charter review will have to go through --
Commissioner Winton: Any issue that people want to come bring before the Charter Review Committee
is fair game to bring before the Charter Review Committee. So. And we're meeting. But no one has
brought that issue up yet.
Commissioner Regalado: OK.
Vice Chairman Gort: OK. Thank you. Thank you, sir.
170 11 / 16/00
Vice Chairman Gort: Next item is Item 4.2. We did 42 right now.
Commissioner Winton: Forty-three.
Vice Chairman Gort: Forty-three. Hemispheric Conference of Chiefs of Police.
Raul Martinez (Chief of Police): Yes. Commissioners, good afternoon. Raul Martinez, Chief of Police.
At the last Commission meeting, we were asked to bring forth this item and discuss the expenditures that
were made at the First Hemispheric Conference of Chiefs of Police. We sponsored our conference that
was held between October 24th and October 27th. We invited all the Chiefs of Police, major Chiefs of
Police from Latin America, South America and the Caribbean, about 30 or 31 of them. We had about 26
to 27 of them actually attend. We also invited some of the top FBI (Federal Bureau of Investigation)
officials from the nation, locally, and the Deputy Director from their headquarters. As far as the
expenditures, we have sent you a report on how the moneys were spent, but I'll give you a quick synopsis.
We had a total sponsorship of over seventy-four thousand, five hundred dollars ($74,500) coming in for
different sponsorships. Beyond that, every lunch and every dinner was paid for by a sponsor. After all the
bills were paid, minus one bill that we still owe, we have an overflow of money of forty-two thousand
dollars ($42,000) left from the sponsorship dollars. We're going to use those forty-two thousand dollars
($42,000) to pay the one last bill that was due as of this week; also, to pay for the overtime that was used
for the event. If more moneys are needed than that -- which I don't think so -- but in the event they are,
this Commission approved fifty thousand dollars ($50,000) from the Law Enforcement Trust Fund, out of
which, we haven't spent a penny of it yet. So if there's any more money that is needed beyond this money
that's left, we will use the fifty thousand dollars ($50,000). But there will be no City funds spent at all.
Up to now, no City funds will be spent at all. Definitely, there will be no City funds spent at all. There's
slight possibility that some of the Law Enforcement Trust Fund moneys that you approved may be spent
to cover some of those costs, but if it does, it will be minimal. The rest of the Law Enforcement Trust will
be put back into the pot so that it could be spent for something else.
Commissioner Sanchez: Mr. Vice Chairman, I have some questions. How much was the total?
Chief Martinez: Commissioner, we don't have the total, because overtime, it has to wait for a payroll
period. But not including overtime, it's -- we spent thirty-three thousand dollars ($33,000) -- thirty-two
thousand, three hundred and fifty-seven thousand dollars, not including, though, the lunches and the
dinners were paid by somebody else. The sponsors paid for those lunches and dinners. So that wasn't our
expense, you know. Different companies like Bacardi, Casa Juancho, they pay for it. It didn't cost us a
penny.
Commissioner Sanchez: And we allocated fifty thousand dollars ($50,000), which you have not touched.
In other words, the money has come from Law Enforcement Trust Fund.
Chief Martinez: Yeah. You allocated fifty thousand dollars ($50,000), which we haven't touched that
yet, and we wouldn't intend to touch it unless at the end of the day, after this last bill comes in for
171 11/16/00
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overtime, if it gets beyond the money that we have, then we'll go there and cover whatever shortages we
have.
Commissioner Sanchez: What happens if you don't use those fifty thousand dollars ($50,000)?
Chief Martinez: Like I said before, Commissioner, it would go back into the Law Enforcement Trust
Fund pot. I'll send you a memo telling you we had the money left over, it was fifty, or forty-eight, or
forty-nine. It will go back into the Law Enforcement Trust Fund to be spent at another event.
Vice Chairman Gort: Any other questions?
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Thank you. Again, this is an item that .I asked to be put on the agenda at the last
meeting. And I've had the opportunity to meet with Chief Martinez. I think this is the first meeting that
I've met -- meeting with you since you've been named Chief, because I wanted to share privately with the
Chief my concern about the lack of diversity in the welcoming or the convening committee. I think we
both agreed that the Police Chiefs from Haiti, and the Bahamas, and Jamaica and them were well received.
Fortunately, the committee, overall committee was extremely diverse. But my disappointment was that
the City of Miami Police Department that was one of the co -hosts of that. And I think it was an oversight,
and I accept your statements, Chief Martinez, at face value. But I did want to advise my colleagues what
my concern was, since I didn't make it at that time. I also would like to go a step further by saying to you,
Chief that I've spoken with the FBI staff responsible for the Caribbean. They are absolutely ecstatic. This
program exceeded their wildest expectations. And a lot of it has to do with the professionalism of the City
of Miami Police Department. They were very; very complimentary of you and your senior staff, and the
way the men and women carried themselves. And I would hope that at the appropriate time, you know,
we can get letters of thanks. But here again, in getting letters of thanks, some people who should have
been involved in this are not going to get letters. And this is how this lack of diversity has a way of
hurting you down the road, and down the road, and down the road. So again, my congratulations to you.
And I really hope that the Department will stay very closely attuned to diversity issues in the future.
Chief Martinez: We will, Commissioner. And like I told you privately, it was an oversight, because of
the speediness that we needed to put this together. But let me share something with the Commission as a
by-product of this conference. As we speak right now, we have a homicide team that has been sent off -
site of a City homicide which the --
Vice Chairman Gort: Excuse me a minute. Can we have quiet and only one meeting taking place at this
time? Thank you. Go ahead, Chief.
Chief Martinez: Yes, Commissioner. As we speak right now, there's a homicide team that's off -site that
we sent to one of those countries that attended the conference. We had two Panamanian nationals that
were murdered here in downtown Miami back in January of this year, part of a drug deal that didn't go
well. And the offender is also a Panamanian national. And a homicide team was going to go to Panama,
kind of blind, to see where the guy was at. All it took after this conference, we pick up the phone, speak
172 11 / 16/00
with the Chief of Police. that had just been here in Miami, and they were .picked up at the airport, .taken
around, making sure that they got to the right place, to the right person. We also got this week a phone
call from one of the other countries, requesting assistance from us about a royal visit that they were
having, you know, and they needed some assistance. And, you know, it's back and forth, and I think
Miami, because of the international City that it is, is going to greatly benefit from this type of conference.
Vice Chairman Gort: Thank you.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Finally, I'm going to make the point I made during the budget hearing. I continue
to make it. We are missing an opportunity, again, to institutionalize this type of relationship. We need to
have full-time liaison in the various areas. Miami is truly an international City. And the point that you're
making, I think it's a great point. But I would urge you again to consider how we can institutionalize
these relationships. We need to build on these relationships and not just let them be a once a year, you
know, conference in which various -- DEA (Drug Enforcement Agency), and Customs and FBI come
down and we just sort of host it, but we need to use this as an opportunity to elevate the City of Miami
Police Department. But I really am very proud of what you've done.
Chief Martinez: Thank you, sir. Thank you for this report.
Vice Chairman Gort: Thank you.
173 11 / 16/00
Vice Chairman Gort: Item 44. Discussion item.
Dena Bianchino (Assistant City Manager): Commissioners, you have before you a resolution that was just
passed out. The resolution authorized the City of Miami to be a co -applicant to the State of Florida to
obtain a submerged lands lease application. We would be co-partners with Swire Pacific Holdings. They
want to build a marina, which would have 112 wet slips, six of which would be dedicated for use by the
City's Marine Patrol. In addition, they would provide office space for the Marine Patrol at no cost to the
City. In order for them to move forward with the state, they need a decision by this Commission today as
to whether or not we want to joint with them and become a co -applicant. Without our action, it is
probably safe to say the marina will not get approved.
Vice Chairman Gort: Is your staff recommendation to --
Ms. Bianchino: Yes.
Vice Chairman Gort: OK.
Commissioner Winton: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second for discussion.
Vice Chairman Gort: Discussion.
Commissioner Sanchez: How much are they going to pay for this marina?
Ms. Bianchino: Well, they're building the marina.
Commissioner Sanchez: They're building the marina. What else --
Ms. Bianchino: They're building all the --
Commissioner Sanchez: What are they providing for the community?
Ms. Bianchino: They are going to be dedicating a park on the island, approximately three point six acres
which will be open to the public. There will also be -- if you look at the attachment to the resolution, there
will be a public walkway open at all times to the public, adjacent to the marina., They will assume all
costs associated with this, all fees, all application fees.
174 11 / 16/00
Commissioner Sanchez: How much is it going to generate for the City? How much is the City going to
get out of this?
Ms. Bianchino: The City is not going to receive any direct rental payment for this. It is not our land. It's
state submerged land. Swire was required by a development order to donate land to the City. I guess we
could describe it as a way of supporting economic development on Brickell Key. It's something that the
City can do to assist them in their success, which results in a lot of tax revenues to the City.
Commissioner Sanchez: Let me just state one thing. First of all, I could support the concept. I have two
concerns. One is the park, which they're willing to donate. It's a little island that to get in it, you have to
go through a guarded gate. So to say that it's open to the public, that pill is hard to swallow, one. Two is
if -- to provide six slips for our Marine Patrol, everyone out there that has that type of facility, marina will
love to have -- it's a benefit to them to have our police. I mean, my neighbors, when I quit being a state
trooper, they were upset because the car wasn't there anymore at the house. So in the long run here, the
concern that I have, when you say it's an open park, it's a public park, it's truly not an open park. I mean,
I don't buy that concept. I'd like to get -- see, I think we have to break away from the old Miami, and I
think that they should come up and pay something for that marina. They should pay the City. We should
get something out of that, because we're providing -- Yeah, they're providing a parkland. But I don't
think the general public is going to benefit from that park. That's going to be an exclusive little park for
that little island there. What's the name of that little island?
Ms. Bianchino: Brickell Keys.
Commissioner Sanchez: Brickell Key. So I mean, I have some concerns with it. I would like to see the
City benefit financially from it in some ways.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Let me ask you a question. Just -- well, I'll wait until last. Commissioner Teele.
Commissioner Teele: Mr. Chairman, I.really wanted to say one thing about what Commissioner Sanchez
just said, because I've sat here now with you for -- what, two years, two and a half years? And that, to
me, is the finest statement that Commissioner Sanchez has ever said, notwithstanding anything else he
said great. That is absolutely a very unselfish statement that he's making, because we all want this, but we
can all just sort of go along, and wink, and nod. And Commissioner Sanchez is breaking the code. He
just broke the code. And that is for a developer to say that a park behind a gated area is a donation to the
public is really a little bit -- I mean, it is a park. It's there. We're all for that. Nobody is saying, "No,
thanks." But what we're saying and what I want to commend Commissioner Sanchez and join him with is
that there needs to be more benefit to the citizens of the City of Miami, other than those on Claughton
Island and Brickell Key, et cetera. And I just think that this is something we clearly want to do. But as far
as I'm concerned, I would like to add an amendment to this, subject to additional voluntary proffers of
support for parks or other amenities throughout the City of Miami, and just leave it open. But I really do
think that what Commissioner Sanchez said has broken the code, because this Commission has always
approved things and said, "Look what we've done." But the truth of the matter is that park is going to
benefit that development more than it's going to benefit the citizens of Miami. Commissioner Sanchez, I
appreciate very much what you've just said.
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Vice Chairman Gort: OK. Any --
Ms. Bianchino: I'd like to clarify something. We are here for your policy guidance on this. Are not
recommending, or not recommending.
Vice Chairman Gort: OK. Let me -- and I was not here when this was first assigned. But I think that one
of the -- as a member of the East Little Havana CDC (Community Development Corporation); I believe
we were the benefit, the same as though there's a neighborhood within the town. They received -- I don't
recall the amount, but I know we were able to build some affordable housing, thanks to the donation that
was made by the developers of that area. At the same time, the thing we need to look at is we can look at
hard cash, also. But my understanding is the economic development in that island is very important for
the City, and let me tell you the reasons why. Is there anybody who can give me the number of taxes, how
much ad valorem taxes is paid by -- Excuse me. Mr. Owens, how much taxes do you pay?
Stephen Owens: My name is Stephen Owens. 888 Brickell Key Drive, City of Miami. We pay
approximately fifteen million dollars ($15,000,000) in total taxes. There's seven hundred and fifty million
dollars ($750,000,000) worth of value on the island, which has been created through our efforts. And I
also might point out that we're about to open Miami's first luxury five star hotel on Monday. It will add
another hundred million dollars ($100,000,000) in value to the existing portfolio. In addition, it's going to
create 350 new jobs from employees that are already hired. And I might add 90 percent of those are
minority jobs. We will be escalating that employment base to 400 within the next six months. The bed
tax, and also the sales tax revenues, as well as the real estate tax revenues that come out of that hotel alone
are rather significant. If I could, just because I might be the only one who's been around for a long time
on this particular subject, if I could just explain a few things and maybe clarify some of the questions.
The whole question of the park, and the park as it relates to the marina go back to a 1975 development
order. In fact, Brickell Key has its own development order. It's unlike any other piece of property, I
believe, in the State of Florida. We're not a part of the City of Miami's development order. We actually
have our own. This came about before Swire was involved, but nevertheless, it is something that we
acquired when we purchased the property. As a part of that development order, there were very unique
circumstances, the first of which was the requirement for a three point five -acre park. Now, in all due
reference to what some developers might have done with that obligation, we have taken the cause of
putting it along the waterfront, so that the public could use this. We could have buried it in the center of
the island where access to it would have been very, very difficult, and it wouldn't have really been very
meaningful. We've not done that. In fact, the access to that park is along and over your bridge. I quite
often have to remind the City of Miami that it is your bridge. And by the way, in conjunction with the
City of Miami, we just spent a hundred and fifty thousand dollars ($150,000) enhancing that bridge. If
that bridge were in perhaps another place, like Miami Beach, where they have three similar communities,
those funds would have been expended by the City of Miami Beach. We didn't do that. We knew the
City was not in a circumstance where it could do that. So we've been in partnership with the City on our
development order since 1975. Perhaps the most unique characteristic of that development order that I'd
like to touch on is one that called for a contribution of low-income housing. We worked with the City of
Miami, and we donated what in today's dollars would be over eleven million dollars ($11,000,000) for
two low-income housing projects, which were actually built. Rio Plaza, in East Little Havana, which was
a low-income ownership plan that was built, and the first Tacolcy Project in Liberty City. That happens to
be one of five projects that are now in Liberty City. And I think our hard equity which was put in was the
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really cornerstone of that redevelopment in Liberty City, which was very much needed. There has been
no other development in this City where property was challenged with that kind of commitment. When
we came into this, we looked at that, and our counsel, quite frankly, advised us that, "You can probable
get out of this, this obligation of low-income housing. It's not done to anyone else. There's no
precedence for it. If you're willing to challenge it in court, you can beat it." Swire made a decision we're
not going to do that, this is not a way to start our commitment with this community, and we stood by it.
So with all that we're talking about this morning, and I heard some very interesting comments in this
chamber about assisting developers, and working with them, and tax incentives and all the rest of it to get
our urban area moving in the right direction, and to encourage developers to come from outside, I
respectfully suggest that the developers that are here also could use some assistance. We put seven
hundred and fifty million dollars ($750,000,000) worth of development in place, without a single tax
incentive. And I think the taxes that we're paying and what we get from the City certainly would suggest
that this is not an unreasonable case. The marina -- just to touch briefly on developing marinas. And I
think with your upcoming RFP (Request for Proposals) on Watson Island, you're going to find out a lot
about developing marinas. We've been at it for 14 years. And without you, our chances of getting a
marina are zero. And I will tell you that. And I will tell you any developer that looks at Watson Island
who thinks he's going to build a marina is not going to be able to do it without you. It takes a
public/private partnership to achieve that. I'm not sure we'll ever make any money off a marina on
Brickell Key, but we are an island community of 3,300 apartments, which, at some point, would like to be
able to use the water in which it is surrounded by. If you happen to look at just the hotel alone, and what
it will do for this City, I think it's something that's not an unreasonable request. So I think that in terms of
job growth, in terms of taxes already on the books, in terms of taxes coming -- and even the marina itself
produces sales tax and other types of revenues from not necessarily mega yachts, which also was touched
on this morning, but the normal yachting community that will stop and use the hotel, I think in itself is of
significant economic benefit.
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: Mr. Owens, first of all I -- you know, I, myself, am grateful, and so are the -- the
residents in Miami are grateful for all the development that has gone on there, because we rely on the
revenue that comes in, and the big turnaround that has gone on in that area, which really has benefited
surrounding communities, because their prices have gone up. But through the whole City, sir, there are
people that, you know, truly have not seen the "purple mountain's majesties," or the "amber waves of
grain." You know, we do have people in our community that through this Thanksgiving may not even
have a hot meal. And the park that you are providing out there -- and, you know, I could see that the park
is sort of, you know, the carrot in front of the horse to make it move. I would like -- and, you know, we
run this as a business. I think that the two and a half years that I've been here, the philosophy that I've
taken is that we're going to run the City as a business. We're going to run the City differently than the old
business. And with the marina back there that you will provide services to yachts and mega yachts and
stuff, I know that you will be benefiting. So all that I would like to see as an elected official representing
the City of Miami, I would like to see if we could work something out where, you know, some other
services could be given to the City, because in the long run, you know, I think that you're getting more
than what we're getting on this issue, on this site. And the park, itself there, one thing that we may not be
criticized is that we don't have so much green space. I just got back from Chicago, and that was one of
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the things that they criticized, was similar, you know, you don't have that many parks in our City. And
that's fine and dandy. I mean, I applaud you for donating that land and turning it into a park, but I would
like to see some type of fiscal return back to the City, and I just don't see it now. I mean, I see it from the
taxes that you pay there, but you're going to benefit more than what you're giving in this marina. And I
do have a problem with that. And maybe the administration will sit down and come up with some other
ways that, you know, I may swallow the pill, that may be easier for me to swallow. But not right now. I
can't just swallow that pill.
Vice Chairman Gort: Let me ask a question. Ad valorem taxes that you pay to the City of Miami, how
much is it?
Mr. Owens: Well, generally, it's approximately one third of the total tax bill.
Vice Chairman Gort: Which is?
Mr. Owens: So it's roughly five million dollars ($5,000,000).
Vice Chairman Gort: Five million dollars ($5,000,000). Does Public Works perform any duty in your
island, in Fisher Island?
Mr. Owens: None. Our streets are privately owned and maintained. In fact, we're still struggling to try
and get the bridge striped, after five years, for eleven thousand dollars ($11,000).
Commissioner Teele: Trying to get what?
Mr. Owens: The bridge striped.
Vice Chairman Gort: Does Sanitation provide any services in Brickell Key?
Mr. Owens: No.
Vice Chairman Gort: OK. Thank you.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I think what we have is a request before us that does not have the Manager's
affirmative recommendation, nor opposition for this public/private partnership. I think it's very clear that
if the City doesn't join in this petition before the Florida Cabinet -- that's an interesting body; I guess,
right now -- there's very little chance that this can go forward.
Mr. Owens: You're absolutely correct.
Commissioner Teele: This, of course, is an important project. The Mandarin Hotel, which is a part of that
overall development, is clearly one of the world -class hotels. And from all report -- I've not gone inside
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or anything, but I understand it's going to be fantastic. Three quarters of a billion dollars of investment
without any public money sort of speaks for itself, without any incentives. And we are looking for ways
to "incentivize" downtown. And I mean, I think you heard the discussion this morning, and that's very
important. As I think Commissioner -- I think -- was it Commissioner Winton who made the motion? I
thought the motion was to approve it. And it was my understanding it was subject to further discussions
with the management, to determine how the overall public benefit of the City of Miami can be enhanced.
Is that burdensome to you at this point? Is that kind of language burdensome to you?
Mr. Owens: Well, I think what we understood the request to be is that the City would become our co -
applicant in terms of taking the next step forward in approaching the Governor's Cabinet. Obviously, the
transfer of the land in terms of the park, all the details of that would have to be worked out with the City
Attorney.
Commissioner Teele: The only thing that I would like to make sure that the motion includes is reserving
the right of the City over the next 180 days to withdraw our position if you all don't make satisfactory
arrangements with the management. And I think that's the best way to handle this at this point to move
forward. Clearly, I think most of us up here would like to see it go forward. None of -- I haven't heard
anybody speak against the project. I think the real issue becomes if the City of Miami is going to be a co -
applicant with you, we need to ensure that there is a public benefit beyond the geographic area that's being
talked about; that is, the island, itself. And I don't want to retreat from that position. I do want to put on
the record, though, that your organization was a co -host of the Summit of the Americas, and the dinner
after the grand finale presentation was hosted there on the island. And so again, it goes to the issue of
being a great corporate citizen. And I'm very grateful for what you all have done. I'm very well aware of
the Tacolcy Project, and that you all did put in money, substantial dollars for that, and it would not have
happened had that not. So I'm mindful of all of that, and I would hope that the management would be
mindful that we don't want to burden this developer beyond a point that makes economic sense for the
project. So.
Mr. Owens: If I could, Commissioner, just make one comment to that. It's not secret that trying to
develop a marina in Biscayne Bay is akin to climbing Mount Everest.
Commissioner Teele: It's what?
Mr. Owens: It's akin to climbing Mount Everest.
Commissioner Sanchez: It's not easy.
Mr. Owens: It's almost impossible without you. If -- and generally, in Tallahassee, the mood is that there
should be no new private marinas, ever, in Biscayne Bay. And that's been the policy, and since the
Biscayne Bay Aquatic Reserve Act was passed, there has not been one. And unless a municipality is
willing to join with the private sector, there never will be one. Now, you may can develop it, because the
standards of which a municipality are held to are different than that of the private sector. And we've been
at it for 14 years, and I can tell you, we've got rooms full of documents and frustration. To the extent that
the commitment on the part of the City is seen in Tallahassee to have any reservation or to be weak-kneed,
we need not go any further, because without you, we can't do it.
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Commissioner Teele: All right. You've helped me on that. I won't specifically ask that that be asked.
May I inquire, have you done a feasibility study?
Mr. Owens: On a marina?
Commissioner Teele: On the marina.
Mr. Owens: We have feasibility studies, yes.
Commissioner Teele: May I ask who did it, what company did it?
Mr. Owens: I can't tell you, no.
Commissioner Teele: Is it a -- would you consider allowing-- has the City staff reviewed that feasibility
study?
Mr. Owens: That, I can't say.
Commissioner Teele: Madam Director, have you all reviewed the feasibility study?
Ms. Bianchino: Nothing.
Commissioner Teele: You know, what seems to just sort of strike me is we spent all that time on the
Watson Island marina this morning, but the first thing you do is, do what everybody else does, is try to
steal the research that's been done, at least to understand whether or not this thing makes sense. And I
mean, I would very much like to see it, to the extent that you'd make it available. And it goes to the other
question as to -- we obviously are relying upon them, but I think we ought to have some independent
documentation that this is something that makes sense. The final issue that I'm going to raise is, does this
document contain a prohibition on gaming boats coming to that marina?
Mr. Owens: If it doesn't, I would like to have it, so it's not a problem.
Lori Billberry (Director, Asset Management): State leases do.
Ms. Bianchino: Go ahead. Go ahead.
Ms. Billberry: State leases do have that requirement that it prohibits gambling.
Commissioner Teele: I know that Butterworth, Attorney General Butterworth is absolutely opposed to it.
And I was just saying that that would be something that we would like to add on it going up, so that it
would just be coming from the City that we would not endorse a gaming boat marina, or use of the marina
by a gaming boat.
Vice Chairman Gort: Let me ask you a question. My understanding is if this goes through the Cabinet
and it gets passed, they still would have to pull a permit within the City of Miami, and they would have to
come in front of us.
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Ms. Bianchino: There would be a lease that would be brought back to you if this gets approved.
Vice Chairman Gort: A lease document would have to come back to us. OK.
Mr. Owens: If I could add this so you understand what we're about here. This is really "chicken or egg."
We can't update our feasibility studies and so forth until such time as we get past the Governor's Cabinet.
If we are fortunate enough to achieve that, then we have DERM and a number of other agencies that we
sill have to continue to work with. There are actually 17 agencies that have to approve this thing before
we come back to you. So we have a long way to go. You may never see us again. We may just sort of
fall off the boat somewhere along the way. But it's a question, really, of getting started. And we can't
really get any further with it without the City's support. And that's why we're here.
Commissioner Teele: Mr. Chairman, I would like to add my voice of support at this point to what
Commissioner Winton has moved and withdraw for this moment for further observations or concerns.
But I would make a request that I be able to review any feasibility studies and maritime studies that you
all have made that you would choose to make available to us, if you would.
Vice Chairman Gort: Mainly what he's saying is your studies could save the City some money, and can
help us with the Watson Island Projects we want to do.
Commissioner Teele: Well, I would hope we've already done studies.
Vice Chairman Gort: Well, this would be some additional. Is there any further discussion?
Commissioner Regalado: Just a brief comment. I think that what Commissioner Sanchez said is the will
of all of us, but the problem that I have is that we cannot send a mixed signal to developers. On one hand,
we're saying, come here, because we want you to spend your millions of dollars, and then to try to have
some obstacles in the road to achieve that goal that they need. Unfortunately, the poor kids from the inner
City will not be able to go to your hotel or marina, and that's a reality, but it's something that the City
needs, because we need those recurring revenues in order for us not to raise taxes on services. So, you
know, I have to say that I think it's important that we support that the City will be co -sponsoring this. But
again, I would just like to mention for the record that we should have let more public input on this issue.
And the only way to do it is through the Waterfront Advisory Board that, you know, it's always -- We
should either decide to abolish the board or do what we said we will do. And I mean, these members of
the board, they really want to do right for the City, and I just cannot understand why we don't pay
attention to the board that we created. And it seems a little arrogant on the part of the City that first of all,
that we bring these issues to the Commission without that much information, because frankly, I never had
information until I got the agenda on this issue, and yesterday that I had the opportunity of talking to Dena
and the Manager. I didn't know before that you were planning to do that. And I thought that such an
important and controversial project would merit that you have sent some information to the members of
the City Commission. I don't know if you rely only on the administration, but it's a little embarrassing to
have this public meeting on deciding what we're going to do. I support the project because I think it will
be a must for the Mandarin Hotel. But, you know, I really think that we deserve to have more
information, that we would have deserved more information and details about all of this and the history of
your plans. So that is --
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Vice Chairman Gort: Gentlemen, let me tell you. My understanding of what is in front of us today is to
go and require the permit to do so. If we get the -- and like we said, that might not happen, so there might
not be a marina. After that takes place and the Cabinet does approve it, then they have to make the plans.
Then they have to come in front of us, in front of the boards and in front of everyone. We have to go
through this first step first. And I have to tell you, when you look at the Brickell Key, the think you need
to look at Brickell Key, Brickell Key gives the City of Miami about eleven million dollars ($11,000,000)
in taxes, and receives from the City of Miami zero services. So that eleven million dollars ($11,000,000)
goes to the neighborhoods and goes to everywhere, because they don't require services from the City of
Miami. I think we should move this. Let's move on, and if we do, if we're lucky enough that we get it,
then it would have to go in front of all the boards and all everyone else.
Commissioner Sanchez: Mr. Owens I don't --
Vice Chairman Gort:. We have people waiting here we promised -- oh.
Commissioner Sanchez: I don't want to sound like, you know, the skunk at the family picnic. I really
don't want to sound like that. I mean, I support it. I just see the park maybe seen as a little self-serving,
that it's just going to benefit that community. I, along with this, to throw in my hat and support this would
like later on in the future for the Administration to find ways to do something that's going to benefit more
people than just the people on the island with the park. I mean, I support the project, and I think that being
that you're a good corporate citizen, you know, you do have a reputation in our community, and I would
just like the City to better negotiation something that everyone is going to benefit from. I'm always
looking out for the best interest of the City in trying to find more revenues for the City. And that's why I
said it. And once again, I don't want to sound like the skunk at the family picnic, but, you know, I think
that the City later on will find ways to do something. So thank you so much.
Vice Chairman Gort: I'd like to request that --
Commissioner Winton: Mr. Chairman.
Vice Chairman Gort: Before we go on, I'd like to request from the administration when you come back
how much services we provide to Brickell Key. OK?
Commissioner Winton: Well, Mr. Chairman, I don't think we should --
Vice Chairman Gort: In dollars. I'm sorry, go ahead, Mr. Winton.
Commissioner Winton: I don't think we should lose sight of the fact that when you talk about public, the
issues for the public good that as Mr. Owens stated at the beginning, they provided real hard capital
dollars, unlike any other developer has been required to do, real hard capital dollars for low-income
housing in two complexes within this community. So how -- what was the amount of real hard capital
dollars?
Mr. Owens: In today's dollars, it would be slightly over eleven million.
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Commissioner Winton: Well, how about yesterdays' dollars?
Mr. Owens: In 1985, it was three point two million.
Commissioner Winton: So three point two million dollars is a substantial amount of money up front that
they provided that, absolutely, it went to low-income housing. That's for the public good. And secondly,
I think that we don't want to lose sight of the fact that when the entire downtown area -- and I'm including
Brickell Avenue, the Omni area, the core -- when there was no development going on in the City of
Miami, we had nothing going on, Swire Properties was building buildings on that island. That is hugely
significant, because in order to get financing, you have to -- the banks, the lenders require comparable
somethings -- comparable rent, comparable sales, whatever. And because there had been no development
in our community for years, you couldn't develop those comparables. And if you can't develop
comparables that means you have to put a heck of a lot more equity into the deal. So Swire Properties
came to the plate. They put lots of equity into their projects initially. They were building when no one
else was building. That created the base that allows comparables to be done, which then led to what we're
seeing all over that's driven our tax base up absolutely dramatically. So I think there' has been a
significant amount of public good, in addition to what Commissioner Gort was saying, and that is, here is
a development that receives virtually no City services, whatsoever, and adds dramatically to our tax base.
Robert Parente: One more speaker.
Vice Chairman Gort: Mr. Parente, you want to speak? You got 30 seconds.
Mr. Parente: Thank you, sir. Robert Parente, Chairman of the Waterfront Advisory Board. We're not
even sure if submerged land is waterfront property for us or not. Commissioner Sanchez, we support you,
but we also support Mr. Owens in the -- Anybody who is willing to go after DERM and the applications
he's going to have to go through with the City to get that marina deserves a medal just for courage. We
believe if you guys go with them, let's get the permission to do this, and then we'll work out the other
things. I don't want to open "Pandora's Box," but I do want you to know that we have an incredible asset
back here, and Ms. Abrams, who runs a terrific marina behind us, and maybe Ms. Abrams and Mr. Owens
could come to some sort of deal where the City runs the marina in conjunction, in a true public/private
partnership. OK?
Commissioner Winton: Call the question.
Vice Chairman Gort: OK. Any --
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Before you call the question, I want to ask the Manager one or two questions,
because I'm not up to speed on this. I'm going to be very candid. I think I know the answer. What is the
emergency? Why do we need to act today? Is it because of a Cabinet meeting on November 29th, which
this item is scheduled to come up on?
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Carlos Gimenez (City Manager): Yes, sir.
Commissioner Teele: Is that in your memo to us?
Mr. Gimenez: No, sir. The original intent of this was to get a policy direction from this Commission. My
predecessor had basically written a letter to the State saying that we were going to be a co -applicant to this
endeavor.
Commissioner Teele: Did your predecessor have approval of this board to write such a letter on April 21,
1999?
Mr. Gimenez: That's the reason why I came back, because my research indicates that there was no
authorizing resolution to that, and that's why I needed an authorizing resolution to continue.
Commissioner Teele: To your knowledge, has the Commission been informed of the existence of this
letter that makes such a commitment?
Mr. Gimenez: No, sir, I'm not sure whether --
Commissioner Teele: I was made aware of it about three minutes ago. And, you know, again, this is not
the way, Mr. Chairman, you know, that we want -- I mean this letter has been out there since April 20 --
April '99. And it always put us in a position that we have to do the "Captain Hook." We have to walk the
gangplank, because if we either don't act now, we're killing the deal, and if we ask questions, then we're
delaying the process, even though this has been with the management now for well over a year. I think
this is very awkward for us all. We can't overlook the fact that Commissioner Winton is saying what he's
saying, and that is that the developer has made a tremendous commitment, three quarters of a billion
dollars, paying the taxes on ad valorem basis, by this statement, some fifteen million dollars
($15,000,000). And I don't want to penalize you, but I really do think that this is more evidence as to why
we really have to work harder to clean up our act, if you will. And I'm certainly not going to hold you
responsible for it, but I do think between you and the attorney that this Commission should have been
made -- should have been apprised of it, either in your memorandum that is before us today, or with some
background information. I would join Commissioner Winton in calling the question, and ask that we
support this, as messy as it is.
Commissioner Sanchez: Call the question.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
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The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-1027
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY OF MIAMI ("THE
CITY") TO BE A CO -APPLICANT TO A STATE OF FLORIDA
SUBMERGED LANDS LEASE APPLICATION SUBMITTED BY
SWIRE PACIFIC HOLDINGS, INC., FOR THE LEASING OF
APPROXIMATELY 204,861 SQUARE FEET OF SUBMERGED
LANDS AS DEPICTED IN "EXHIBIT A," ATTACHED HERETO AND
MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO
EXECUTE SUCH DOCUMENTS AS MAY BE NECESSARY, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO BE SUCH CO -
APPLICANT; FURTHER DIRECTING THE CITY MANAGER TO
PRESENT THE NEGOTIATED SUBMERGED LANDS LEASE
AGREEMENT TO THE CITY COMMISSION FOR ITS FINAL
REVIEW AND APPROVAL ALONG WITH SUCH OTHER
AGREEMENT(S) OR DOCUMENTS NECESSARY TO DELINEATE
THE RESPONSIBILITIES AND OBLIGATIONS OF THE CITY AND
SWIRE PACIFIC HOLDINGS, INC.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Vice Chairman Gort: The PZ's?
Commissioner Sanchez: If we could take an item out of order. They were supposed to be here at 5
o'clock. If we could take their item up, Mr. Vice Chairman.
Vice Chairman Gort: Well, we have to --
Commissioner Sanchez: We could always come back to our Mayor and Commissioners items.
185 11/16/00
C]
L.J
Vice Chairman Gort: Yeah, we will come back. We have to break from the regular area and go into
zoning hearing now.
Commissioner Sanchez: Why don't we take five.
Vice Chairman Gort: PZ. Do you want to take five?
Commissioner Sanchez: Let's take five.
Vice Chairman Gort: Five please. 6:08.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 6:03 P.M. AND
RECONVENED AT 6:09 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER TEELE, FOUND TO BE PRESENT, AT WHICH TIME, THE
CITY COMMISSION CLOSED CONSIDERATION OF THE REGULAR PORTION OF THE
AGENDA TO CONSIDER ITEMS FROM THE PLANNING AND ZONING PORTION OF THE
AGENDA.
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•
Vice Chairman Gort: Let's go. We're one minute late.
Commissioner Sanchez: All right, let's go. I want to go home and see "Who Wants to be a Millionaire? "
Who wants to be a millionaire? I can't pass the eight hundred bucks. Hey, I apologize if your e-mails are
quite short. OK.
Vice Chairman Gort: Is administration here?
Commissioner Sanchez: Mr. City Clerk, you're going to have to swear in a lot of people.
Vice Chairman Gort: OK. We're opened as second -- this is the second meeting of the month. All of you
or anyone that's going to testify, please stand up to be sworn in. Anyone that's going to testify, please
stand up and be sworn in.
Commissioner Sanchez: Tonight's dinner, "Hot Pocket." "Hot Pocket" tonight over at my office. "Hot
Pocket."
Vice Chairman Gort: Mr. Clerk.
Walter Foeman (City Clerk): Would you raise your right hands.
THEREUPON, ALL PERSONS PRESENT INTENDING TO GIVE TESTIMONY DURING THE
MEETING WERE DULY SWORN BY THE CITY CLERK.
Vice Chairman Gort: Thank you. I understand I have a request to continue one item. Mr. Tucker?
Vicky Garcia -Toledo: Yes. Good evening. Vicky Garcia -Toledo with offices at 2500 First Union
Financial Center. I think Tucker -- Mr. Gibbs and I have an agreement, a stipulated agreement that we
take Item 15, I believe, which is Ransom School and continue that until the P&Z (Planning and Zoning)
meeting of January.
Vice Chairman Gort: Do I have a motion?
Commissioner Sanchez: Move.
Vice Chairman Gort: It's been moved. Do I have a second?
Commissioner Regalado: Second.
Vice Chairman Gort: To continue to the next meeting --
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11
Ms. Garcia -Toledo: January.
Vice Chairman Gort: January, January meeting. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
Commissioner Sanchez: What PZ item was that?
Vice Chairman Gort: Fifteen.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 00-1028
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ-15 (APPEAL OF HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD DECISION WHICH APPROVED
CERTIFICATE OF APPROVAL FOR REMOVAL AND RELOCATION
OF TREES FOR INSTALLATION OF PLAYING BALL FIELDS FOR
PROPERTY AT APPROXIMATELY 2015 SOUTH BAYSHORE
DRIVE [RANSOM EVERGLADES SCHOOL] TO THE COMMISSION
MEETING PRESENTLY SCHEDULED FOR JANUARY 25, 2001.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
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John Jackson (Director, Public Works): Commissioners.
Vice Chairman Gort: Mr. Jackson.
Mr. Jackson: Yes. John Jackson, Director of Public Works. Item PZ-lA is for the acceptance of the
Molinari plat. I need to pull that. They have not completed all the requirements. PZ-1A.
Vice Chairman Gort: OK.
Vicky Garcia -Toledo: And we agree to that.
Vice Chairman Gort: You want to continue that to when?
Mr. Jackson: Pardon?
Ms. Garcia -Toledo: Next month will be fine.
Vice Chairman Gort: OK.
Vice Chairman Gort: That's PZ --
Ms. Garcia -Toledo: One -A.
Mr. Jackson: One -A.
Ms. Garcia -Toledo: One -A, only.
Mr. Jackson: One -A, only.
Vice Chairman Gort: PZ-lA to be continued to the next meeting in December. Do I have a motion?
Commissioner Sanchez: So move.
Commissioner Regalado: Second.
Vice Chairman Gort: It's been moved. Is there a second? Discussion? Being none, all in favor, state it
by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
189 11/16/00
0 •
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 00-1029
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ-lA (PROPOSED ACCEPTANCE OF PLAT ENTITLED MOLINARI
PARK) TO THE COMMISSION MEETING SCHEDULED FOR
DECEMBER 14, 2000.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
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Vice Chairman Gort: Any other item? Anybody else wants to go home? OK. Yes, ma'am. This item is
PZ -- the Roads. The South Miami, Brickell.
Commissioner Sanchez: PZ-l?
Vice Chairman Gort: PZ-1.
Commissioner Sanchez: OK.
Vice Chairman Gort: I'm sorry, you've got to speak in the mike.
Dena Bianchino (Assistant City Manager): We're asking which project the Roads people are here about?
Commissioner Sanchez: Yes.
Vice Chairman Gort: I understand there's two of them, but the --
Ms. Bianchino: PZ-1.
Vice Chairman Gort: PZ-1. Let's --
Ms. Bianchino: And the Park Place Project.
Vice Chairman Gort: Let's get PZ-1.
Commissioner Sanchez: All right. Who is in opposition to PZ-l?
Vicky Garcia -Toledo: Mr. Gibbs and Mr. Echemendia.
Tucker Gibbs: Thank you, Vicky. Yes, we're the opponents.
Ms. Garcia -Toledo: I think staff has to present the case.
Commissioner Sanchez: Staff?
John Jackson (Director, Public Works): PZ-1 is official vacation, closure of the public right-of-way of
approximate location of Southwest 18th Road, Southwest 2nd Avenue. They've met all the requirements of
the subdivision for a closure of the public right-of-way at this location.
Vice Chairman Gort: Thank you.
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Ms. Garcia -Toledo: For the record, Vicky Garcia -Toledo with offices at 2500 First Union Financial
Center. I'm accompanied today by my associate, Mr. Andrew Dickman. I also am accompanied by Mr.
Bazan (phonetic), who is the architect on the project, as well as Mr. Nestor Rodriguez, who is the surveyor
and the representatives of the applicant, actually, their headquarters in North America. The applicant of
this project is ADG or ACG Development. They are one of the largest developers in Argentina. And
consistent with our efforts to -- by the City of Miami to be the gateway of the Americas, they received
information and brochures representing the City, and asking developers to come and look at our fair City,
and become part of our dream. And consistent with that, I'd like to pass around a booklet that shows the
company's background. It should be put into the record, but I would like the City Commissioners to be
able to leaf through it as we are doing this presentation. This company came to Miami. Actually, they
came to the United States, established offices in Miami and in California, and placed their headquarters
for North America here in Biscayne Boulevard. They directly went on to purchase the Langford Hotel on
Is'Avenue, which is now undergoing renovations, back to its glory of heyday. And they also invested in
the property that is subject matter of the road closure that is before you today. Can you put up the survey
for Nestor? The road closure that is before you today is a request to close 18th Road and a portion of 2nd
Avenue. And as we go through this process, I will be referring mostly to 181h Road. And the reason for
that is that the actual property that we're talking about for closure on 2„d Avenue, it's a very, very small
parcel. And what ended up happening when we undertook to close that portion, because the applicant
owns both sides of the street on 2nd Avenue, we found that the City had never requested from the Florida
FDOT (Florida Department of Transportation) to do turnarounds at the end of these streets that became
dead-end by state action when I-95 was created. So even though we are closing a small portion of 2nd
Avenue as it dead -ends at I-95, we had to satisfy the requirements of the City Code for a turnaround. And
that turnaround could not be accommodated on your public right-of-way. In order to facilitate a
turnaround that would serve the entire neighborhood and all of the residents on that street, we actually had
to contribute part of our private property, because the "T" has to extend beyond the width of that street.
And as such, a dedication from us was required. So what is occurring on 2nd Avenue, it's almost a wash.
We are getting -- we are asking for a vacation of a portion of the street, but we are also putting not only a
portion of our property to allow for fire engines and larger emergency trucks to be able to have a safe
turnaround, but we also have to build that turnaround at our cost. So it's pretty much a benefit to the City.
On 18th Road, we are asking for the closure of all of 181h Road, which is completely on both sides the
property of the applicant. This is, again, a dead-end street. It has no turnaround as it dead -ends on I-95.
There are no other property owners on that street. It does not provide access to anywhere. And you will
hear a little bit more detail about that from the architect. We submitted the appropriate plat application to
the City of Miami. We went to the Plat and Street Committee, which recommended closure. We have a
recommendation of approval from that department that is on the record. And interestingly enough, the
analysis from that department, which is part of the record as public works analysis for approximately
Southwest 18th Road and Southwest 2' Avenue paraphrases the requirement of your City Code and states
that the closure of these roadways will not adversely affect traffic circulation or access for public service
vehicles; that these roadways are not part of a critical pedestrian or vehicular transportation network for
the neighborhood; that all the technical requirements contained in the City of Miami Code subdivision
regulations have been met, and that a closure of these roadways and development of the property would
benefit the general public. It also states that the Plat and Street Committee recommend approval of the
closure and vacation request. This is your technical staff, after three meetings of the Plat and Street
Committee. We also have to undertake as part of that closure and replat proposed subdivision
improvements of over forty-three thousand dollars ($43,000). Now, there's something very interesting
about this particular applicant. As I mentioned before, when the applicant came to the City and purchased
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this property for development -- and I'll also pass out a small map that will give you a better showing of
what is here -- they thought to become part of the community in which they have moved into and to make
an effort to be an active participant. As a result, like I said, they built and purchased -- I'm sorry -- they
have purchased the Langford Hotel, and there was an extensive report and media coverage in several
different entities which clearly stated what the efforts of this company would be. I'd like to enter into the
record articles from Projecto magazine, the magazine of Latin Builder Association, articles in the Miami
Herald or El Herald, I should say. And in trying to reach the community, they also contacted the Brickell
Post and expressed their intentions, and introduced themselves to the community, and advised of their
intent to build this project. This particular street and this developer's involvement in the community is not
a surprise to anyone. It's well documented. More interesting is the fact that 18th Road has been closed to
public access for over 30 years. The prior property owner of the properties on that -- that fronted that road
and that had access from that road was Mr. Camilo Lopez of Camilo Furniture. Mr. Lopez informed me
that he contacted the City of Miami when he was upset over the construction of I-95 back in
approximately 1967, and requested permission from the City of Miami to physically close that street off.
The City of Miami granted that approval. And I have for you -- I'm going to submit it into the record, and
I have copies for you, also -- of an affidavit from Mr. Lopez stating that, in fact, he closed that street over
30 years ago, and has maintained it closed during that entire time, and that to the best of his knowledge,
there has never been any -- and this is the original, Mr. Clerk and here is -- and that there's never been any
objections or any complaints. Further, attached to that affidavit is three or four different documents
granted by the City of Miami giving the permission to physically close that street with a gate, a motorized
gate which has been maintained at the entrance to that street until approximately a month and a half ago or
two months ago when it was sold to my client, and Mr. Lopez asked if we were going to use it. My client
said, "No, you can take it with you." And he physically took it down. But other than that time, that street
has been in continuous private use for over 30 years. You will see that the documentation from the City of
Miami is dated 1968. I would also like to submit into the record copies of photograph that depict the gate
and the fences that were physically placed across that street, and that have been there for over 30 years.
We feel that this closure of a street that goes nowhere, that access -- has no access to anywhere, that the
abutting owner along the entire street is the applicant, is not only reasonable, but according to your own
staff, satisfies all the requirements of the City Code. I know that there are those who are here in
opposition tonight, and what I'd like to do at this time is to have the architect express to you as an expert
the basis for the closure.
Note for the Record: Commissioner Teele entered the Commission Chamber at 6:18 p.m.
Adolfo Albaisa: Hello. My name is Adolfo Albaisa, with offices at 14 Northeast 1st Avenue. I'm an
architect and a professor at the University of Miami School of Architecture.
Ms. Garcia -Toledo: Give them your educational background.
Mr. Albaisa: Sure. I have an architecture and urban planning degree from Harvard University, and an
undergraduate architecture degree from Rhode Island School of Design. And I also have a special degree
from an urban design program in (unintelligible) France.
Ms. Garcia -Toledo: I would ask that his testimony be taken into the record as an expert.
Mr. Gibbs: Could I just ask a quick question in that regard? Are you a professional engineer?
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Mr. Albaisa: Hello. I'm an architect, a registered architect.
Mr. Gibbs: Are you certified as a professional engineer?
Mr. Albaisa: Professional engineer? Why a professional engineer?
Mr. Gibbs: In the issue of platting, it's my understanding that professional engineers are considered
professionals in the area of platting. That's all I want to know.
Mr. Albaisa: Well, I wasn't going to speak to the issues of platting, I guess. I was going to --
Mr. Gibbs: You weren't going to -- The issue here is road closures. Because the Plat and Street
Committee has required that. I just wanted to clarify your expertise in this engineering issue.
Vice Chairman Gort: Tucker.
Ms. Garcia -Toledo: You want to take the surveyor first?
Unidentified Speaker: Sure.
Mr. Gibbs: I just want to clarify for the record.
Ms. Garcia -Toledo: Let's do the surveyor, then, first.
Mr. Gibbs: Thank you.
Nestor Rodriguez: Good evening. My name is Nestor Rodriguez, with Peninsula Land Surveyors. I'm a
professional surveyor and mapper registered with the State of Florida. I am not a registered engineer, but
it is surveyor and mappers field of expertise to prepare surveys for tentative plats and final plats to
conform with state regulations.
Ms. Garcia -Toledo: I would like to have his testimony entered as an expert on the record.
Mr. Rodriguez: Basically, Vicky gave a pretty thorough explanation of what we're doing, as far as the
vacation of the roads. Mr. Jackson mentioned that it did meet all of the City subdivision code
requirements. Highlighted in yellow are the two strips of road that will be vacated. If there is --
Ms. Garcia -Toledo: Do they have access to anywhere?
Mr. Rodriguez: No. They are both dead-end streets at Interstate 95.
Ms. Garcia -Toledo: Is the applicant --
Mr. Rodriguez: I'm sorry?
194 11 / 16/00
Ms. Garcia -Toledo: Is the applicant the only property owners on both sides of those closures, as indicated
in the survey?
Mr. Rodriguez: That's correct. The developer owns all of the land directly abutting the rights -of -way that
are proposed to be vacated.
Ms. Garcia -Toledo: As shown in the plat?
Mr. Rodriguez: As shown on the plat.
Ms. Garcia -Toledo: Thank you.
Mr. Rodriguez: If there's any other questions, I'll be available for any technical support, as far as the
survey. Thank you.
Mr. Gibbs: Mr. Chair, we'd like to reserve the opportunity to call him back for some questions if we have
them.
Vice Chairman Gort: No problem.
Mr. Gibbs: Thank you.
Mr. Albaisa: I'm back, as an architect and urban planner. Some of the reasons that we are asking for the
road closure is that as an urban planner, I feel that we are able to produce a much better project if we are
able to actually incorporate the streets, first issue being that all the cars that are required by code will be
housed within the actual body of the project, and they are going to be submerged two stories down. So the
parking will not be seen from the street. This is one issue that we are always very concerned with, the
idea that you have a podium five stories, four stories of exposed parking, setting 20 feet back from the
street. So by closing the street, again, all the parking is contained 15 feet down into the actual property.
The other thing that this allows us to do is that the configuration of the building is able to be thinner, and
broken up in a way that allows light to pass between several pieces of the project, itself, so we're not
producing one large mass that would have much more impact on neighbors. We're producing two slender
buildings with a large gap in between them. And we feel that this is a nicer configuration for the
neighborhood. And we're also able, by incorporating the two streets, to produce a plaza space, which
actually would be along 95, which is an open space. Thank you.
Ms. Garcia -Toledo: We would like to reserve our time for rebuttal, please.
Vice Chairman Gort: OK. Now, opposition.
Mr. Gibbs: Yes. My name is Tucker Gibbs, and I represent the Miami Road Neighborhood Civic
Association, as well as the South Miami Homeowners Association. The issue here is for us, as neighbors
and people who have lived here for a long time and who are affected by this project that this proposed
road closure begins the effort to change the character of this neighborhood. The closure will allow the
construction of a 16, 23-story towers within the Roads neighborhood. What I'd like to do is explain to
you how we're going to make our presentation tonight. Mark Alvarez, who is a professional planner, will
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testify as to the planning and traffic aspects of this project and its impact on the neighborhood. And then
neighbors who live in the Roads, who have lived in the Roads for many years will also speak. I'll speak at
the conclusion of our presentation. And I know that there are other people here who are neighbors and
attorneys for neighbors who will also be making presentations regarding the impacts, and the negative
impacts of this rather large project, extremely large project on the community. First thing I want to talk
about is some of the issues that Vicky brought up. She spoke about an illegal use, illegal road closure,
having some kind of precedential value here. I don't think that has any value. If somebody illegally
closed a street, they illegally closed a street. That doesn't mean that you legalize it several, many years
later by closing it for a developer. She speaks about an article in the Village -- in the Brickell Post, and
articles in trade magazines. And while -- if I'm in the development trade, I can understand why I should
have notice of this. But I'm not in the development trade. It is -- the Brickell Post is not a newspaper of
general circulation in the community, although I have a lot of respect for the editor and publisher of that
newspaper, and I occasionally write for it. That doesn't mean that everybody reads it and everybody in
the Roads knows what's in it, particularly on an inside page. I don't know what page that was on. And
the final comment I had to make on the presentation that was made before we get into our presentation
was the quote that this is going to be better for the community, because it's less mass. It's going to be two
small, slender buildings. I know that some of the neighbors have better drawings than I have, but I'm
going to submit this into evidence. And I only have one copy, but Vicky has seen it, because I -- through
her gracious offices, I got a copy of it. This is the two small, slender buildings that they're talking about.
This is -- this is in a residential neighborhood. This is, yes, adjacent to the expressway and adjacent to
Metrorail, but there are small houses right there now, and this is what's going to be built. And some of
these neighbors are understandably concerned. This is, to them, a tower of terror. And I want to submit
this into evidence, and I'm going to submit it to Dena, because she's the closest person by. To the issues,
to the legal issues, and that's what I'm going to be addressing. There are too many questions that
surround this site. The standard for a right-of-way closure in this community is set forth in the City Code.
It must be a public purpose. A public purpose. These are public roads, dead-end or not, they belong to the
people. What is the public purpose here? How do we know what will be built here? Will it be a MUSP
(Major Use Special Permit)? Will it be this attractive drawing? Will it be an office? Will it be
residential? Will it need variances? Will it need special exceptions? We don't know, because, quite
frankly, Commissioners, we are here for a road closure. As counsel for the other side has reminded me,
this is a road closure issue. And so what we want to talk to you about is promises. We've been promised
by the architect and promised by the attorney that this building that is being hopefully passed around to
the Commission is what will be built here. There is no assurances that once this builder assembles these
parcels that he will sell this property tomorrow to another developer who will want to put in a major use
special permit. You, as Commissioners, have the authority to determine what is a public purpose. Is a
public purpose served where a road closure gives the public right-of-way to a property owner for its use,
increases that owner's land area, and therefore, increases the allowed density? We've all seen the site plan
there. We've seen the two dead-end streets. What do those two dead-end streets represent? They
represent 12,000 square feet of public land. I don't know what the going price of a 12,000 square foot lot
would be in the Roads, but I don't think you're getting it. I know who is getting it, and that is the
developer. The developer is getting the free use of 12,000 square feet. But that isn't all. If it was just
that, maybe that wouldn't be a problem. This property lies along the expressway. But right now, it's two
parcels. With the road closure, it becomes one parcel. And I spoke to Juan Gonzalez, and I'm not the
expert, and I know that Mr. Alvarez here will speak to this in probably much more detail. But the fact is
that -- the fact is that allowing this property to include these rights -of -way in the property will allow it to
increase its density incredibly. Why? Because of the access, because of the -- not access -- because of the
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proximity to the highway. That means they can now measure their gross -- and Mark, you can correct me
if I'm wrong -- their gross FAR (floor/area ratio) all the way -- their gross lot area -- all the way out into
the expressway and Metrorail. Those are open spaces that are not buildable. So what we're talking about
here is not just what's allowed under the Zoning, which is a 1.72 FAR. And for those of us who live in
Coconut Grove, that's the Ritz Carlton -- OK? -- Just to give you an idea about what FAR is. Is the public
purpose served where the public has open space, public open space, which is the right-of-way, is replaced
by two tall towers? Is the public purpose served where a road closure allows a large project within a well -
established residential neighborhood? You are being asked to start a development process by these road
closures without knowing its finish. What we ask you to do is wait. Wait until you see the whole picture,
not just the picture that I've showed you. Wait till you see a commitment from this developer as to what
it's going to do and what its impact is going to be. Other people live on 1st Avenue. They can talk about
what adding these units are going to do to 1st Avenue. Once you look at the whole picture, then decide if
this road closure and the development is going to allow -- the development it will allow -- is going to be in
the public interest. You have that power when you decide, according to section 54.5-16H, which is the
part about public purpose, if this right-of-way closure is in the public purpose. Let me bring something to
your attention that I know the City Attorney is aware of, and that Ms. Garcia -Toledo is aware of, and
some of you who watch the Zoning Board is aware of. Road closure cases are problematic. Could I see
that for a second? This is the original plat for this property. Usually, a plat's a map. But one of the issues
that's very important -- and I will defer to my betters in the legal end of things, such as George Barket,
who is the chairman of the Zoning Board, and he is also a title attorney of 35 years as a member of the
Title Insurance Fund. He knows his business. Mr. Barket, as Ms. Garcia -Toledo and any other attorney
who's in here who does zoning knows votes against every road closure, including this one, for a reason,
and I'm going to explain this reason to you, because it's important. This plat granting to the City of
Miami the tract of land being subdivided into blocks and lots that the said real estate is shown, marked,
designated under said plat shall be known hereafter as Holloman Park, that all streets, avenues, roads,
courts and terraces as shown, marked and designated thereon are hereby dedicated to the perpetual use of
the public, reserving, however, to the said C.J. Holloman Company its -- its -- successors and assigns all
reversion and reversions, remainder and remainders when said streets, avenues, roads and terraces and
courts cease to be used as public highways, or are closed or vacated according to law. In English, what
that means is the guy who subdivided this land, his company, his company said, I'm going to sell all these
parcels, and I'm going to give the roads to the people, meaning the City of Miami, as public roadways.
But if the City of Miami wants to give up the 12,000 square feet of 18th and 2nd that I know is worth a lot
of money, and someone had mentioned something -- I forget what that cost -- maybe three hundred
thousand, maybe two hundred thousand dollars ($200,000), who knows -- that it doesn't go to -- doesn't
go to the City. It goes back to the successors and assigns of the Holloman Company. Now, those heirs, in
my opinion, have a right to the property, in Mr. Barket's opinion, has a right to the property. Your City
Attorney is going to tell you something, and he's well versed in this, because it comes up at every single
Zoning Board meeting where there is a road closure. That the state law has taken away the heirs of Mr.
Holloman's rights, something that they were given in 1922. The state decided to take away in 1922 -- in
1972. However, it is our position that the state has no power to create a law in 1972 that takes away a
property right that was given in 1922. This opinion is shared by others, Mr. Barket in particular. And I
use Mr. Barket's name, because he is well known in the legal profession as a title attorney. And he has
been doing this for 35 years. What's interesting that Mr. -- I talked to Mr. Barket about this issue after the
Zoning Board made its determination, and in preparation for this. And Mr. Barket explained to me, well,
you know, the City of Miami, because of all the complaints I've been making, they require an attorney's
opinion of title. And sure enough, in your package, Public Works analysis says the property owner must
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provide a specific attorney's opinion addressing the reversionary rights of these roadways as part of the
application process. So I said to Mr. Barket, I said, "Mr. Barket, isn't that -- doesn't that protect the City,
if an attorney says it's OK?" He laughed. He said, "It would, maybe several years ago, when attorneys'
opinions were bonded." So if the attorney gave the opinion, and Mr. Holloman's heirs came, sued and got
title to the property after the City allowed a multimillion dollar development on it, then Mr. Holloman's
heirs would have to have action against that attorney and his bond. The Attorneys' Title Fund doesn't
bond those opinions anymore. So what you have here and what they will provide you is an attorney's
opinion that has no financial background, nothing backing it financially. So you all will be rolling the
dice. And that's our opinion. We present it to you in that regard. I can defer to Mr. Maxwell, who I'm
sure would like to speak to you on it.
Vice Chairman Gort: Mr. Maxwell.
Joel Maxwell (Assistant City Attorney): Mr. Chairman, as Mr. Gibbs said, the City Attorney's Office
obviously would have a different opinion, and we do. We believe that under Florida law, title to that
property vests in the City of Miami. Reverter rights also are in the City of Miami. We are very familiar
with Mr. Barket's argument. He's made it maybe hundreds of times to us, and we have disagreed almost
every time, every time with him. So the reversionary rights are in the City of Miami, in our opinion.
Mr. Gibbs: And just to respond to that, the case law out there -- because I've read the two cases and two
Attorney General opinions on this issue -- is sparse. But each of the cases talks about "may" and "might."
They are not certain about this. United States Constitution says there shall be no ex -post -facto laws made.
And that means you can't undo. You can prospectively say "from now on." And that's our position, Mr.
Barket's, as well.
Mr. Maxwell: Mr. Chairman, until declared unconstitutional by a court of competent jurisdiction, Florida
law says that those rights are in the City of Miami.
Mr. Gibbs: I'd hate to be the City of Miami if one of those heirs comes up. And I'm just going to leave it
at that. I'll leave it at that.
Vice Chairman Gort: Gentlemen, I know attorneys can argue all day long. We have quite a few people
here. Please, let's try to expedite it.
(INAUDIBLE COMMENT)
Mr. Gibbs: Absolutely. I know. OK. I'll leave that issue, and I -- but I wanted to put that on the record,
so that you all would understand that. At the end of the day, the City Commission and the neighbors
affected by this proposed development urge you to reject the road closure, as it does not serve a public
purpose. The only purpose this road closure serves is to allow this developer to get City land to allow him
to build a much bigger project than he otherwise would be able to build. Therefore, we urge you to object,
to reject it. And if you can't bring yourselves to object it, we ask you to defer this matter, require them to
prepare a site plan, work with the neighborhood to develop something that the neighborhood can live with.
Thank you. And I'll leave it to Mr. Alvarez.
Vice Chairman Gort: OK. Next.
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Mark Alvarez: My name is Marl Alvarez. 25 -- sorry -- 2520 Coral Way, Miami. I am a professional
planner. I have practiced in the State of Florida for eight years. I am AICP. I have a master's degree in
civil engineering and a master's degree in planning, and I am a certified planner. And I will be speaking
strictly to planning issues tonight. Just a very quick background, and I think it bears stating. Back in
1985, this neighborhood, this little triangular neighborhood, being considered somewhat of a marginal part
of the Roads was rezoned. It was rezoned to office from residential. At that time, that was sound
planning practice. Metrorail had just been installed, and the idea was to intensify the uses, and hopefully,
the market would respond. Well, as in other areas of the Roads, the market did not respond. And, in fact,
the single-family residential use is still predominate, and they have become quite stable in that
neighborhood. And I think that bears a lot of thinking as we go forward with this. The request that we
have tonight is to vacate two parcels of roadway. And the basic effect of that is -- I'll just -- 181h Road is
11,059.75 square feet, or exactly about a quarter of an acre -- sorry -- about a quarter of an acre.
Southwest 2nd Avenue is 1,892.25 feet, which is .42 acres. Basically, we're vacating and transferring the
rights of almost .3 acres of land. The purpose that's in the fact sheet, it very simply says to allow for a
unified site development. And Mr. Gibbs went over this, but again, what is unified site development?
How does that fulfill a public purpose? That's the only purpose that's mentioned. What it actually is, is
it's a code word for intensification to the site, building more on that site than could be built if it was in
actually three separate parcels, which would have -- it would otherwise be. Just to give an example, you
know, and I know we haven't spoken about "What is a valid public purpose?" But I found in the City of
Miami Comprehensive Plan Policy TR1.1.11 talks about relocating or extending streets that do not fit the
developed grid system. Those are the kinds of things that a valid public purpose is, if you're moving the
street to vacate it and put it somewhere else. It serves something for the public. It doesn't serve
something for a private developer. The effect of this .297 acres being conveyed as a public asset to a
private developer is to actually -- One, it increases the developer's parcel from .93 acres to 1.23 acres,
which is about a gain of 32 percent, which is fairly substantial. It also allows -- I want to go to another
point first. It also conveys to that developer real, real estate type rights. If we were to look at those
12,952 feet and price them, based on the property assessor's assessed land values for the properties that
were purchased around it, the Dade County Property Assessor is using about thirteen dollars ($13) a
square foot. That property would be worth a hundred and sixty-eight thousand, three hundred and
seventy-six dollars ($168,376). If we looked at it based on the market value of what this developer paid
for those parcels, what they paid for all of the seven -- I'm sorry -- eight parcels of land, that property
would be worth four hundred and fifty-five thousand, two hundred and sixty-three dollars ($455,263).
That's what we would be conveying in value from a public asset to a private developer. It also allows a
very -- it allows a substantial gain in floor/area ratio, and I know this is a very confusing point. We're
near -- we're within 600 feet of Metrorail on this site. That allows us a ten percent gain over the 1.72
FAR. We are also, because it's a triangular site -- when it's unified, that is -- it becomes one unified
triangular site. We can now, for the whole site go 70 feet into I-95 to calculate the gross land area, gross
land area and 70 feet into the right-of-way of the Metrorail. Whereas normally, that would apply to
different pieces of the triangle, now we can apply it to the whole triangle, and gain floor/area ratio. Not
only is the floor/area ratio increased, but when we take these three little parcels and put them together into
one big triangle, what we have is a very, very significant difference in the bulk that can be there. And
when I speak of bulk now, I'm going to speak of sort of an imaginary envelope, if you will, that's based
on the setbacks of what could be there in the two situations. And it will actually be limited by FAR, but
this is sort of an envelope of development. If we were to look along Northwest 1st Avenue in the existing
situation, we would have two buildings separated by about 70 feet on 18th Road. They'd be ten feet back
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from 1" Avenue. One building would be 100 feet wide, about the size of two houses. The other building
would be about 80 feet wide, sort of a large house, I guess. They could go up 120 feet before setting back,
and after that, they have to set back ten feet. Because of the practical limits of the size of the property and
the setbacks they would have, one building could go to 16 floors, and the other to 25. OK. That sounds
like a lot already. If we unify the property, look along the same street, and what you'll see is a 250-foot
long envelope that you could build in. It could go up 25 stories, because now the -- by unifying the
property, that setback limitation as it goes up becomes less of a limiting factor, because you have more
space to work with. And, of course, you don't have the setbacks that would occur on 18th Road. In effect
-- and try to follow this again. I mean, if you were to look at the volume of that space that would be in the
two cases, in one case, there would be about 5,000,251 cubic feet. I know these numbers are a lot. And
the other envelope would be about 7,378,000 feet, which is a 40 percent larger envelope. So it's 32
percent more land, increases in FAR, and a 40 percent larger bulk envelope. That's the effect of what we
would be doing by conveying the -- doing the road closure and conveying that property to the adjacent
properties. The impact to the neighborhood. Again, I mentioned as a premise to this that this is still a
single-family residential neighborhood. And although it's not easy to find in the Zoning Code, if we look
in any neighborhood master -- any neighborhood plan that's been done in the City of Miami -- and I am
very familiar with Coconut Grove Design District, Omni, I worked on a lot of them. And I remember in
all of those, we defined something that's very important to a neighborhood, and that's the scale. If you
have a neighborhood that has single-family homes and you put something that's enormous next to it, it
just doesn't work, and it devalues the neighborhood. And by allowing this, we would devalue this
neighborhood, and reduce the enjoyment to these people, to the people who live in this small
neighborhood, by allowing this kind of bulk. And finally, well -- OK, I'll read. There are several goals
and policies that relate to this. And I expected Mr. Gibbs to read them, but I remember that he didn't now.
Mr. Gibbs: They don't want to hear from me.
Mr. Alvarez: OK. And I appreciate that, and I should read these. The goals -- all the things that I've
spoken about relate to goals and policies in the City of Miami Comprehensive Plan. Goal Number 1 --
and it's good that it's Goal Number 1 -- it says maintain a land use pattern that protects and enhances the
quality of life in the City's residential neighborhoods, fosters redevelopment and revitalization -- oh -- I
don't need blight and planning areas and so on. But the emphasis of it is in the first clause. It says
protects and enhances the quality of life in the City's residential neighborhoods. That's sort of that bundle
of rights that homeowners are entitled to by owning that property. Objective 1.1 says ensure that the land
use regulations and development policies are consistent with fostering a high quality of life in residential
areas. Policy 1.1.3: Residential neighborhoods shall be protected from the encroachment of incompatible
land uses, from the adverse impacts of future land uses and adjacent areas that disrupt or degrade public
health and safety. This is important because not only have we spoken about how this land use was
proposed as incompatible, but when I spoke about the increases in density, the increase in that envelope of
bulk, if, let's say, this development didn't occur and those roads are closed, all of that could happen to a
larger extent than even this proposal. And this particular policy speaks about guarding against the adverse
impacts of future land uses. And there is another one, historic preservation. I think I have it. Do you
have it?
Mr. Gibbs: No.
Mr. Alvarez: Well, we'll reserve that one for later. I can't find it. Thank you very much.
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Vice Chairman Gort: Thank you. Anyone else in opposition?
Linda Koenigsberg: Gentlemen, this issue is basically the Roads versus the towers of terror.
Mr. Gibbs: Identify yourself.
Ms. Koenigsberg: My name is Linda Koenigsberg. I live at 144 Southwest 19t" Road. Although I'm an
attorney, I'm not a zoning attorney, which is why we're hiring Mr. Tucker Gibbs. We, the neighborhood
of the historic and pioneer area known as the Roads -- and our board of directors is here, also -- urge you
not to close the roads, as requested by this developer, and not to put up the type of project that they have
brought before you. The Roads was part of the property acquired by Miami pioneers William and Mary
Brickell in 1869. It was mostly undeveloped before the `20s. And our beautiful trees, serene
neighborhood, neighborhood of lovely homes and wide boulevards was the brainchild of Mary Brickell.
She wanted a showplace, and she got it. We're very proud of our neighborhood and our association's
attempts to lower crime, maintain the beauty of the area and building, keeping the building in the area
consistent with the character and charm of the neighborhood. This does not cut it. We are bombarded
now by developers wanting a piece of the Roads. They obviously believe the title of that little play that's
been playing for years in Coral Gables, "I Love You, You're Perfect, Now Change." We don't want that
type of change in the Roads. We do not -- we did not agree to the rezoning of this to office space. Our
association wasn't even around in 1985 or whenever that was done. This should have been maintained as
R-1, just like the other portions of the Roads. Simply because it has already been voted on, you should
look at its appropriateness in this area. And there is no permitting yet here for this project, and we -would
urge you to downzone. Many neighbors are here tonight to discuss the issues, and their feelings and
beliefs, and I will address some of these and the other neighbors will address others. The property owned
by my husband and I is about 200 feet, as the crow flies from this project. We will be coming out of our
door and facing this project. And I want to tell you; I'm going to be looking straight up at it every day.
We are outside people. We don't live inside our homes. We are always outside in our neighborhood,
greeting neighbors, walking our dogs and being outside. We object to the road closure and the building of
any inappropriate structure such as the enormously massive and tall project that has been proposed. And
we don't even know if that's been proposed, because when we -- when the developer and the architect first
came to us, they showed us this same picture and said, "Well, we don't really know if we're going to build
this." So this is a mystery, gentlemen. Did we speak to the developers? Yes. As I have just told you, we
did.
Vice Chairman Gort: Let me interrupt you for a minute.
Ms. Koenigsberg: Yes.
Vice Chairman Gort: How many people are going to speak on this item? We have three more. OK. I'm
going to have to put it to two minutes each, because of not, we have three items in here. Your attorneys
took about a half an hour, more or less, or 20 minutes, and we have three other items here. All of you, I
guess, are going to speak. So I'm going to time it.
Ms. Koenigsberg: Several of our items we believe have been stipulated to.
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Vice Chairman Gort: Well, just in case. Thank you.
Ms. Koenigsberg: Does that need to be changed?
Vice Chairman Gort: We'll start now. Two minutes. Go ahead. You get the benefits.
Ms. Koenigsberg: OK. Notice is a problem. When this property was first noticed for the Planning and
Zoning Commission, the notice was put on a tree in the cul-de-sac, 50 feet from the busy street of I-95. It
was hidden behind a tree, totally inappropriate. That's the first picture. It had no information on it. The
other side of the Roads, in the back triangle, still, even today -- I went back there with my husband -- there
is no red sign at all. I will give this to you. This is the area that -- this is looking at it from my house. I
will not be able to see the sun rise. I will not be able to see the moon rise. Maybe about 10 o'clock or 11
o'clock, I'll be able to see the sun. I think my tomato plants will all suffer. We have submitted -- we will
be submitting to you our petition opposing the road closure, which has over 61 signatures. We are
submitting to you approximately 80 letters signed by members of the associations opposing this. The type
of notice that I'm talking about, gentlemen is repugnant. It is not notice. I believe it's unconstitutional.
It's the same type of thing I got when I wrote to the City of Miami Manager and the Attorney, and I
objected. And they wrote me back a letter on October 27th, October 27th, telling me I could appear at a
hearing on October 26th. And I got the letter postmarked November 3�d. I got it on November 7th. Typical
notice. This building will not be a good neighbor. These people said this develop is a dream, a
developer's dream. I submit to you it is. But it is a neighborhood's nightmare. We will not benefit in the
least. You should re-evaluate the bad decision that was made. This road reverted to Holloman and his
successors and heirs. This road was not closed to the public as they indicate. It was open for kids, and
skates, and bikes and dogs. So, please, say no. The developer doesn't care about us, but you should.
Vice Chairman Gort: Thank you. Next.
(APPLAUSE)
Vice Chairman Gort: Excuse me. Hold it. We have a long agenda still to go, so, please, let's keep the
applause down. None at all. Thank you. Yes, sir.
Daniel Leibow: My name is Daniel Leibow, resident homeowner at 3041 Southwest 2"d Avenue. I'm
also here this evening as president, representing the. Miami Roads Neighborhood Civic Association. We
ask you to be aware and poised in a proactive stance in league with all of our neighbors who are now,
more than ever, under siege from all corners and points in between by massive development projects
proposed and already underway. Now, rather than only registering with you our complaints and concerns
over this project, we'd like also to provide a list of improvements which can significantly reduce the many
negative impacts which would severely compromise the long-time established, unique character, charm
and safety of this precious section of our Roads neighborhood. And that's not to say that all sections of
our neighborhood are not precious. They are. We ask you to consider the matter of transition on this
project. A building project of this nature, design, size and density, as proposed, proves to be grossly
inappropriate for placement smack dab in the middle of a quiet, residential area, despite it's "office"
zoning designation. Please consider, for example, the ever increasing burden suffered by our local
schools, such as South Side Elementary, Fire Department, and overwhelmed, understaffed Department of
Law Enforcement. In view of our concerns over this project, which fails on all fronts to provide a smooth,
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functional and aesthetic transition into a leisurely paced, low density area of the Roads, we submit to you
the absolute need to require that a project of this type be -- if it must be at all -- much smaller in scale;
lower in height and density; more generous with in-house parking; lighting on and about the premises, in
keeping with existing illumination of the surrounding area, which is comfortably mild; a full canopy of
large, low maintenance shade trees fronting the project on all sides, and extending all along 1st Avenue.
Vice Chairman Gort: Thank you, sir. Could you close, please?
Mr. Leibow: -- turn restrictive controls to local and non -local area of vehicular traffic, and a building
architectural style worthy and befitting of a wholehearted welcome into our home, the Miami Roads
neighborhood. Thank you.
Vice Chairman Gort: Thank you, sir. Next.
Joe Wilkins: Thank you. Joe Wilkins, 228 Southwest 23rd Road. I'm also a director of the Miami Roads
Neighborhood Civic Association. I understand that it's sometimes difficult to discern what the public
purpose is on an issue like that, and we're here to be helpful. We brought the public with us, so that you
can hear and see the amount of concern that we have in our neighborhood. And I want to thank everybody
for coming out. This is a fraction of the concerned people who have given up their working time, their
dinner time to come here on this issue. I won't repeat the points that have already been made. I will try to
make a couple of few others that I have. It was interesting to hear Mr. Camilo Lopez' name being
mentioned, because we received a call from him a few weeks ago applauding our efforts to preserve our
neighborhood and to protect us from this type of development. One issue that hasn't been mentioned is
that this project sits directly across 1st Avenue, which, by the way, if you look at 1st Avenue, it's about as
wide as this podium. Thank about it. This sits right across that narrow street, across Metrorail from
Simpson Park, which is a very significant environmental area. It's a protected area. Big buildings cast
long shadows. Now, we have dealt with this on some of the other projects. We're still in the process of
evaluating the impact of these developments. We have a lot of zoning in our neighborhood that permits
projects like these, but it's old zoning. It was put in before the impact could really be established, and we
want to look at that. We're looking at the long-term impacts of these projects, also. But that's one thing
we have to consider. There may be environmental regulations, because Simpson Park is a protected area.
We again urge you to consider if public purpose is the criterion, the public is here. Please consider that.
Thank you.
Vice Chairman Gort: Thank you. Yes, ma'am.
Debbie Swain: Hi. I'm Debbie Swain, 228 Southwest 22°d Road. I am here on behalf of the Roads
Neighborhood Civic Association. I'm also a director and the president elect of the association. There's a
couple issues I wanted to bring up, and I'm going to talk real fast so I can get everything in, in two
minutes. The first is traffic. Certainly, the traffic flow is going to be up and down lst Avenue and into the
Roads area to get in and out of that project. It's a neighborhood that in the past few years has finally
become stable with respect to traffic. And I finally feel safe to have my kids out in the streets without
concern about the severe nature of the traffic there. The second issue I wanted to bring up is the fact that
the parking garage is going to be submerged. I haven't had an opportunity to have anybody take a look at
it yet, but we're very worried about how that's going to be done. We have problems in the area already
with just the Metrorail going so close to some of the neighbors that there's vibrations. And to dig two
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stories down into the area is certainly going to have some impact on surrounding houses. There are
single-family homes right along that property. The next is something I was hoping Linda would bring up
but -- because she and I had discussed it -- and that is she did mention to you about downzoning. And
certainly, we are realistic and we realize that you all may not want to correct the errors of past actions by
doing a downzoning, but not make it worse, please. Do not make it worse by allowing this road closure.
Let the density be as little as it can be, and don't give them an opportunity to open it up with higher
density. Thank you very much.
Vice Chairman Gort: Thank you. Yes, sir.
Luis Herrera: My name is Luis Herrera. I live in 1181 Southwest 22„ d Terrace. I'm representing the
Miami -- Vizcaya Homeowners Association. I'm a member there. And I'd like to remind you a little bit.
In 1979, Vizcatran Corporation, they tried to make some kind of building like this one in the
neighborhood. It's close to it. And we go into the court, we go into the Supreme Court, and it cost a lot of
money to the neighborhood. Finally, Mr. Steve Clark did reverse everything for our neighborhood. And I
ask you, and remember that, all the Commissioners over here before, we fight for the -- keeping the Roads
like residential, and the -- intruding something big like that, when the people, they love the Roads, and we
want to keep it that way. I'm asking you people to helping us to keep it like a residential, and not let them
do it again, like in 1979. For ten years, we fight for that, Vizcatran Corporation. I don't know if you
remember it or not, Wifredo. So we -- please, we'd like to keep it like it is. Thank you.
Vice Chairman Gort: Thank you. Next.
Edith Ysada: My name is Edith Ysada. I am a property owner, and I reside at 1751 Southwest 2nd
Avenue, one house down from the proposed street closure. I am very worried. I am not well versed. I am
going to speak to you from the heart, as a homeowner who has worked very hard to have what little I
have. And please help us protect the value of our house. Something like this would be a monstrosity.
Our streets cannot handle the traffic. Up to today, I didn't even know that it was going to be two stories
down. I don't know what's going to happen to my house with that. Please help. Thank you.
Commissioner Winton: Excuse me. Which direction are you from the proposed development?
Ms. Ysada: I am on 2nd Avenue. See, the property that they say they own right across from me on both
sides, it's just a little driveway. OK. I am on -- you want me to point it to you?
Commissioner Winton: OK. But you're in this section here on the --
Vice Chairman Gort: On the triangle.
Commissioner Winton: -- on the south side, between the -- you're between the tracks and I-95?
Ms. Ysada: It's -- I'm in 2„ d Avenue that dead -ends, the avenue.
Commissioner Winton: Right.
Ms. Ysada: It dead -ends in I-95.
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Commissioner Winton: OK. Thank you.
Ms. Ysada: 171h Road.
Commissioner Winton: Thank you.
Ms. Ysada: Thank you.
Vice Chairman Gort: Thank you. Next.
Louise Jewell: My name is Louise Jewell. I live at 1535 Southwest 2nd Avenue. And I also own another
property on the block, 1611 Southwest 2nd Avenue. And I'd like to echo my neighbors concerns. We are
worried about property values. Not just mine, but the whole surrounding area, by having an inappropriate
building in a residential neighborhood, in addition to the traffic that's going to be generated on 2„ d
Avenue, which will mean a lot of moving vans, and trash trucks. I think the way the property -- the
building will be situated that 2nd Avenue will be the exit or the -- you know, for the major trucks coming
in and out. That's what I'd like to say. Thank you.
Vice Chairman Gort: Thank you, ma'am.
Maria Castellanos: Maria C. Castellanos. 54 Southwest 14th Street. I'm a professional board -certified
interior designer by the State of Florida, and I'm coming here to talk to you about the architecture, which
to us is very important in the Roads. We have a scale of the neighborhood, one, two-story homes. I
wanted you to see what the difference in scale is between what our homes are what these projects would
be. (Inaudible comment.)
Vice Chairman Gort: You've got to go to the mike.
Ms. Castellanos: OK. That's all right. We'll use this one. This is the scale of our homes. If the property
that we are talking about was only 15 stories high -- and these are not the elevations of the building.
These are just height of building, would be the first elevation. What they're proposing is possible of 23
stories, which is the higher of the three buildings. I think that this is a giant among our neighborhood. I
don't think that any Commissioner or any person should be submitted to the echo, the factor that the sound
resonance from I-95 against these buildings is going to intensify the noise in all the neighborhood. You're
also going to get people that can actually see you. If you're in your swimming pool, if you're someplace
in the privacy of your home, you're now totally visible and exposed to everybody else. I think that this
should be a concern. And we want our homes and our privacies protected by you. Thank you.
Tory Jacobs: Good evening. Tory Jacobs. 145 Southeast 25th Road. I'm here as president of the Brickell
Homeowners Association. And we'd like you to know that our board of directors has voted to support our
neighbors. We -- our neighbors of the Miami Roads Neighborhood Civic Organization and the newly
formed South Miami Avenue Homeowners Association. We share their concerns over encroaching over-
development in the area, and we ask that you try to see that developers scale their new projects to be more
in keeping with the existing neighborhood. Thank you.
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Vice Chairman Gort: Thank you.
Eva Nagymihaly: My name is Eva Nagymihaly, and I reside at 3110 South Miami Avenue. Even though
I am not near that, all my friends are there. I go to Publix, I use First Avenue, and even now, when I go
down there, I have to be very careful of oncoming traffic. It is a very narrow road. We have lots of
developments. We are going to be discussing two more issues of development on Miami Avenue, on the
Roads, on 18th Road. And all of this affects the neighborhoods. So we want you to remember that we are
a neighborhood, and we're all together, and hopefully, you will help us through this by not allowing
monstrosities, and towers, and huge, dense properties in our small neighborhoods. Thank you.
Vice Chairman Gort: Thank you. Anyone else?
Santiago Echemendia: Santiago Echemendia. 201 South Biscayne Boulevard. We'll be very quick,
because I think the record evidence is compelling. I would like to incorporate all of the comments that
have been made by reference, especially the one of the professionals. I'm representing Brickell View
West, whose main principal is Nelson Rodriguez. He's an adjoining property owner. I would like for
Nelson to briefly articulate his reasons for being opposed to the vacation and closure. It's not so much the
development of the project, but it is the scale and massing of the project that would be enabled vis-a-vis
the vacation and closure that you would be granting today. And then I'd like our architect to make a few
brief comments for the record, and then I'll wrap up very quickly.
Nelson Rodriguez: My name is Nelson Rodriguez, a resident at 919 Firefighter Drive, Coral Gables, and
real estate developer. And I'm breaking today Rule 101, testifying against another developer. I'm doing
this out of my heart, because for the last four or five weeks, I've been trying to reach them to scale down
this development. I've been building in the Roads for the past 15 years on lst Avenue. I have two
apartment buildings. Even though that I could have built these buildings with much bigger density, I
always have the sensitivity and the caring for these people that are in this neighborhood. I own more land
in this same block that they have. And I was talking to the architect outside and telling them why we feel
that this project should be scaled down. And I told him that even though that I could build 24-story
apartment building without even coming here to this Commission, I don't have to ask permission from
anybody, I have instructed my architect in doing the plans not to go over a 12-story apartment building.
And I still feel that I may reduce that density a little bit. I ask from them the same thing. I ask them to be
sensitive to this neighborhood and do the same for them. Scale down the project, come back and maybe
we can support their application. Thank you.
Vice Chairman Gort: Thank you, sir. Next.
Albert Cordoves: Albert Cordoves, president of (unintelligible) Architects with offices at 999 Ponce de
Leon Boulevard, Coral Gables, Florida. We have reviewed the preliminary drawings, conceptual
drawings that we have gathered of the proposed project, and it is our professional opinion that this is
totally out of context and scale with the surrounding neighborhood, as predominating single-family
residences all around. Yes, you do have some four-story and six -story apartment buildings, but nothing in
the sense of 23 stories in height. As Nelson alluded to, we have been working on projects very close to
the area, and he has instructed me not to take advantage of the full FAR, not to take advantage of the full
height restrictions, keeping the buildings within the scale of the neighborhood. Thank you.
206 11 / 16/00
Vice Chairman Gort: Thank you, sir.
Mr. Echemendia: We believe the record evidence reflects that there is no public interest being furthered.
In fact, it is to the detriment of the general public if you allow the vacation and closure, because you allow
the massing of this development in allowing additional height. They will tell you that if you don't allow
the vacation and closure, they could still get 24 stories. As a practical matter, they can't. They would
have to have a six -story parking pedestal, as was admitted by their architect earlier. So it just -- it
wouldn't work. We think that what is more compatible with the area, at least from our perspective, would
be something along the lines of 12 stories. That's what we were trying to negotiate with them.
Unfortunately, they were unwilling to . agree. So we think again, there is no competent, substantial
evidence to support this. I haven't heard any in the record. Incidentally, at the Zoning Board, where you
didn't have any of these folks present, the vote was five to four. It was very, very close. The argument
that was made earlier, the argument that somehow, the fact that it was illegally closed in the past,
somehow, it justifies the vacation, I think that's ill advised to make an argument like that. And it does not
justify in this instance the standard that you have, which is whether this is in furtherance of the public
welfare, which clearly, it is not. And there is no record evidence to confirm the same. Two minor
comments. There is a case that says -- it's Fogg versus the City of South Miami -- that says the public
welfare is the welfare of the whole community. A benefit or anticipated benefit to a special group within
the City is not enough. I think the whole community are all of the folks with the yellow signs are at least
the community within this area, and not the developer that's going to get a special benefit. There is
another case, Boulder versus Ocaloosa, which is a First District Court of Appeals case where the court
actually held that under the statute, there must be a finding in the record that it is in furtherance of the
public interest. Your code says that if you find that it is not, you can deny. I think the burden is actually a
little more than that under the case law, which is there has to be record evidence that it, in fact, is in
furtherance of the public interest. And what you have here is quite the contrary. Thank you.
Vice Chairman Gort: Thank you, sir. Thank you. Anyone else? Anyone else? OK. You get a few
minutes of rebuttal.
Ms. Garcia -Toledo: Thank you. You have heard some very compelling testimony here today. And the
basis of that compelling testimony has been incorrect assumption that this is a residential neighborhood.
This area of the Roads, which is north and east of I-95, is, in fact, zoned for office use. It is permeated
throughout the area with offices. Actually, the single-family homes of the -past have been converted into
office use. Number two, the public purpose use of the original dedication in the plat for 181h Road ended
when the City of Miami -- not illegally, because this was prior to 1972 and the laws that require the plat
process that we're in now -- but in a very open manner agreed and gave permission to the property owner
to close the street to public use. So the basic purpose of the original dedication which was for public use
ended when the City, in 1968, said to the private property owner, close the street, put a gate up and put
fences up. And it was entirely controlled by a private individual. And it has been in that continuous
control, and not used for public purpose, which is required by Florida Statute when you have a dedication
of a public right-of-way. I would also like to say that a public purpose now is to stop a nuisance. Those
of you who have taken the time to drive out to the end, the dead end of Southwest 2°a Avenue, I'm sure,
like I did various times will find that the end of that street, that dead end up against I-95 ends up becoming
a dumping ground. Same kind of problems existed back in 1968. If you look at those documents that I
have asked to be admitted into the record, you will see that back then, it was turning into a, quote/unquote,
"lovers lane." And more recently, just last week, we had two dogs that were tortured and killed right
207 11/16/00
outside of this property, and a third dog that seems to have been spun from lst Avenue over the railing into
I-95. The dead animal was there for several days. So clearly, you have a public purpose, because this
dead-end street does become a problem. Let me also say that you heard on the record that we don't care,
and that we have done nothing. I would like to enter into the record correspondence that I personally
extended to several members of the community, the neighborhood, to give me an opportunity to meet with
them and hear what their concerns were. I can also tell you that we had a meeting, a couple of hours
meeting with the executive members of the Roads Homeowners Association. I've also been in
communication with Tucker. And my -- Mr. Gibbs -- and I offered to Mr. Gibbs on behalf of my client
that we were willing to tie ourselves to the project that we had presented to the Homeowners Association
-- could you put up the boards? -- That we were willing, by covenant to tie ourselves to that project; that
we were willing, by covenant, to be responsible for beautifying 1st Avenue and that we wanted to work
with them. Apparently, there is a kiddy tot lot that has been in the works for this area for quite some time,
and we said, as good neighbors, we would also be willing to work with them on that. So we have tried to
be sensitive. We have tried to communicate. I was told that there was no communication. You also heard
-- and I just need to get some things on the record very quickly -- requests for downzoning. This is not a
zoning hearing. This is street closure. But claims of down -zoning or rolling back the "office" zoning that
this City placed on that property could be the basis for condemnation by the City, eminent domain, or
violations of the Byrd -Harris Act. We need to be very careful when we start treading into violating
property rights of individuals. I also want to repeat that your professional staff has stated in their analysis
that the closure of these roadways would benefit the general public. So the basis for the public purpose
has been established by your code and your staff analysis. Thank you very much.
Vice Chairman Gort: Thank you. We'll now close the public hearing and --
Mr. Gibbs: Mr. Chairman, may I -- Mr. Chairman, I really feel that --
Vice Chairman Gort: Tucker, Tucker, Tucker, this is Item Number 1. The Commissioner in that area is
ready to make a recommendation. OK? Thank you. Commissioner. It's his district.
Commissioner Winton: I'll start. I'm not a planner, but I can tell you, and I've spent a lot of time.
Neighborhood redevelopment has been a primary focus of my stay on this Commission, and it was a
primary focus of my campaign. And there is no question, zero question, when you build high-rise office
buildings with no buffer between single-family homes, you destroy the value of the homes that are
adjacent to those high-rise properties. And there is no buffer between this and single-family residences in
this neighborhood. And I think the fact that the City made, as far as I'm concerned, a huge error in 1985
in zoning this "office" doesn't mean that we should be compounding the problem by encouraging the
development community to build this kind of high-rise, which is totally out of character for that particular
location in that particular neighborhood. We do have an opportunity yet, as far as I'm concerned -- and
I'll back up a step. I think that apart from my standpoint as a Commissioner, I'm going to always work as
hard as I can at not only -- aVnot only the redevelopment of our single-family residential neighborhoods,
but in preserving all the single-family residential properties that we can preserve throughout the City of
Miami, not just this small neighborhood. Single-family residences create the kind of safety and street
level activity that we're looking for in our City. And I'm not opposed to -- you know, we want high-rise
residential development in the City, and there is an appropriate place for high-rise residential development
in our City. But I think we've identified the lion's share of those places throughout the City of Miami.
And I'll give you, my fellow Commissioners, a classic example of where this kind of development
208 11 / 16/00
destroys property values. If you go onto Douglas Road, in the Douglas Park area, across the street from
Coral Gables Hospital, the City allowed some years ago, many years ago the development of an office
building right there on Douglas Road, and it's a high-rise office building. They built a wall immediately
behind that office building, and there's a single-family house right behind it. The value of that single-
family house has been relatively zero since the day that got built. And that kind of process creates the
kind of cancer that we've all talked about in the neighborhoods that you simply can't allow. If you're
going to have high-rise development, there has to be appropriate buffers. And if there aren't appropriate
buffers, you're going to -- and in this particular case, when you bring this property literally up into the
corner of this particular property, we just wrote that triangle of land off, period, and it will have no choice
but to go high-rise development over some long period of time. So my view is this is an inappropriate use
for that site, and I will not vote to close the road.
(APPLAUSE)
Vice Chairman Gort: Hello, please, please. Thank you. Commissioner Sanchez.
Commissioner Sanchez: Thank you, Mr. Chairman. As the Commissioner representing the area, let me
just start by what we do here. And we're like judges. We listen to both sides; we listen to both
arguments. Of course, we look at the legality of the project, itself. I look at the project and I could find at
least one concern that I have that gives me what I consider to be the right to deny it, and that is the road
closure. Once again, we are elected by you to protect your assets, the public assets. And that road
belongs to the public. This project becomes such a mammoth project if we allow for them to close that
road. Then they fall under the right to build such a structure, because they fall under the laws of the
zoning for the City of Miami. So that's the concern that I have, that I have to protect that road, because it
belongs to you. Second of all, it's very simple. You're the ones that are being affected. You're the ones
that are going to walk out of your house, and you're going to be living in a fish bowl, because the guy on
the 25th floor is going to see your back yard. And, of course, I don't want Linda's tomatoes to go bad,
either. Linda, you said something about your tomatoes. But those are the concerns that I have when you
see this. The other thing is, you know, I always make the argument that the City needs revenue. Yes, we
do. We don't need it that bad, but the City needs revenue, because the biggest concern that we get is, hey,
you know, my taxes are too high. And that's a concern that I always bring out. But based on the idea that
I can't support it, it's a give-away of the land that belongs to us, the taxpayers in the City of Miami, and
being that it's so close to the single-family residents, it's right bordered, I mean, it's a great concern that I
have. This project is just too much of a mammoth project to be placed there. And in the long run -- you
know, I have so much love for that neighborhood, which I live in -- I live in the Roads -- that in the long
run, it's just not going to be good for that area. And I cannot be a part of anything that will deform what I
consider to be one of the most -- prettiest neighborhoods in the City of Miami. So based on you being
here, and the arguments based on both sides, whenever my colleagues are done I am prepared --
Vice Chairman Gort: Go ahead.
Commissioner Sanchez: -- to make a motion, and that motion is to deny the road closure.
Vice Chairman Gort: There is a motion to deny the road closure.
Commissioner Winton: Second.
209 11/ 16/00
Vice Chairman Gort: It's been -- a motion to deny and seconded. Any further discussion?
Commissioner Regalado: Call the roll.
Vice Chairman Gort: Let me tell you all something. When I first came and was elected, I was elected
November of '93. My first year was in November 1994, and I think that's when I met you all with the
Vizcatran. And you did a great job on that. You preserved a real good neighborhood, which needs to be
maintained. Roll call. Every -- oh, there's no roll call. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 00-1030
A MOTION TO DENY REQUEST FROM ARGENTINIAN CONST.
GRP., LLC AND ESTATES OF ELVIRA POLLAK TO CLOSE PUBLIC
RIGHTS -OF -WAY AT S.W. 18TH ROAD BETWEEN S.W. 1IT
AVENUE AND I-95 AND S.W. 2ND AVENUE BETWEEN EASTERLY
SIDE OF PROPOSED PLAT OF MOLINARI PARK AND
INTERSTATE I-95.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
210 11/16/00
•
Vice Chairman Gort: One -A.
Joel Maxwell (Assistant City Attorney): One -A was withdrawn.
Vice Chairman Gort: We'll go to 12 now.
Mr. Maxwell: Yeah.
Vicky Garcia -Toledo: One -A was withdrawn -- was continued to next time.
Vice Chairman Gort: PZ-12.
Commissioner Sanchez: Which one is that?
Ms. Garcia -Toledo: Twelve. PZ-12.
Commissioner Sanchez: PZ-12, is that yours, also?
Ms. Garcia -Toledo: No, 2. I have 2.
Commissioner Sanchez: Which one is your PZ? Let's --
(INAUDIBLE COMMENT)
Commissioner Sanchez: OK. Which one do you want to take? Twelve?
Ms. Garcia -Toledo: Commissioner, could we take PZ-12? We can do it very quickly. I mean, excuse
me, 2.
Commissioner Sanchez: PZ-2? Mr. Vice Chairman?
Vice Chairman Gort: Let's go, PZ-2.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ-2 -- for the record, Lourdes Slazyk,
Department of Planning and Zoning. PZ-2 is a major use special permit for the Blue Lagoon Airport
Apartments Project. The original request on this major use special permit was for 608 units with 969
parking spaces. The Department had a concern over the overall parking ratios for the entire project, two
towers of which were approved prior to a Zoning Code change regarding parking. That put the overall
number something that we had a concern on, because it didn't front a street, so there would be no place for
overflow parking to be accommodated. The applicant at the Planning Advisory Board proffered to reduce
the number of units to 602, increase the parking to 1,004, and the Planning Advisory Board recommended
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0 0
approval of these amendments. And the Department has no objections. So we would recommend
approval with the remaining conditions that are listed in the development order in your package.
Vice Chairman Gort: Is there anyone here to address PZ-2? Is there anyone here to address PZ-2?
Marietta Galindez: Yes.
Vicky Garcia -Toledo: Yes. For the record --
Vice Chairman Gort: I understand you area I know you are.
Commissioner Sanchez: Hey, Tucker, what? Are you involved in everything here?
Marietta Galindez: Yes, I'm also here to address PZ-2.
Vice Chairman Gort: OK. Are you in favor or in opposition?
Ms. Galindez: We're not in opposition. We favor the project.
Vice Chairman Gort: OK. Yes, ma'am.
Ms. Garcia -Toledo: Vicky Garcia -Toledo, with offices at 2500 First Union Financial Center. I would be
happy to do a full presentation of this if you wish.
Vice Chairman Gort: Thank you, Vicky. That's very nice. Is there anyone in opposition?
Ms. Garcia -Toledo: We do have an agreement with the neighbors.
Ms. Galindez: Wait.
Ms. Garcia -Toledo: She is the attorney representing the condominium association, who are neighbors.
Vice Chairman Gort: Right.
Ms. Garcia -Toledo: She wants to put a few things on the record very quickly.
Vice Chairman Gort: Well, that's what I want to get out of the way. Let's go to the item.
Ms. Galindez: OK. My name is Marietta Galindez. I'm here from Hyman &
Kaplan. We represent Half Moon Condominium Association. The board of directors of Half Moon, we
have agreed to support the project. However, the support has been subject to an agreement. This
agreement consists of five terms. The first term is that the developer will undertake a drainage study, and
is willing to undertake a drainage plan that is mutually beneficial to Half Moon Towers and Blue Lagoon
Apartments. The second, the developer is willing to join in an effort to install a traffic signal on 7th Street,
either on Northwest 47th Avenue or in the immediate vicinity. The third is the developer will contribute
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i 0
up to ten thousand dollars ($10,000) to repave the parking areas of Half Moon Towers. Number four is
the developer will donate five thousand dollars ($5,000) to Half Moon --
Joel Maxwell (Assistant City Attorney): Excuse me. Mr. Chairman, could I ask that you not include that
information in the record? It's really not relevant to your decision.
Vice Chairman Gort: I understand. That's something that --
Mr. Maxwell: It's simply --
Ms. Garcia -Toledo: It's for information only.
Vice Chairman Gort: That's not going to change our decision, but that's something that the applicant has
gone and volunteered. Yes, ma'am.
Mr. Maxwell: Yeah. And the City is not a party to that at all, and that information simply clouds the
record at this point.
(INAUDIBLE COMMENT)
Mr. Maxwell: Yeah, the agreement.
Ms. Galindez: I'm about to finish. I mean I --
Mr. Maxwell: What she's reading is the agreement.
Vice Chairman Gort: Excuse me. OK.
Mr. Maxwell: None of that really is relevant to --
Vice Chairman Gort: OK, I understand. I --
Ms. Garcia -Toledo: We know it's not relevant. We just wanted it as a point of information.
Vice Chairman Gort: Excuse me. Let's go through the Chair. Thank you. What I'd like to do --
Ms. Galindez: I just have --
Vice Chairman Gort: Excuse me. I received a lot of calls from people in opposition to this project. They
have had meetings. I understand they went to the radio and they went to different places, and they talked
about this, this project coming up. I understand there -- My understanding, from what you're talking
now, you both got together and you worked out with the --
Ms. Garcia -Toledo: Correct, with the condominium association.
213 11/16/00
Vice Chairman Gort: Like a good developer, you got together with the condominium association and the
people that are in opposition.
Ms. Garcia -Toledo: That's correct.
Vice Chairman Gort: Yes, ma'am.
Ms. Galindez: OK. I have two more terms that were agreed upon. The fourth term is the --
Vice Chairman Gort: Two suggestions. You have suggestions that were made by the property owners in
the area to improve the project.
Ms. Garcia -Toledo: Correct.
Vice Chairman Gort: OK.
Ms. Galindez: All right. OK. Two more terms. The developer is going to donate about five thousand
dollars ($5,000) to Half Moon Towers for the express purposes of rehabilitating or renovating the squash
courts on the north side of the property, and lastly, the developer will submit a letter from a property
appraiser identifying the correct expectations that Half Moon Towers, as well as the neighbors' property
values will be enhanced by the Blue Lagoon Apartments. Those are the five terms that have been agreed
upon.
Ms. Garcia -Toledo: I concur. Those are the points of agreement.
Vice Chairman Gort: Ms. Vicky Toledo, my understanding is you had a meeting with the people in the
neighborhood and --
Ms. Garcia -Toledo: We met with the --
Vice Chairman Gort: Excuse me. Let me finish.
Ms. Garcia -Toledo: OK.
Vice Chairman Gort: You had a meeting with the people in the neighborhood, and you all came to the
conclusion that in order to make that a perfect, ideal project for that area, you came up with some
suggestions that you're willing to do voluntarily, which are?
Ms. Garcia -Toledo: The items as outlined in her letter that she has just put into the record. The purpose
of these improvements are to enhance the area for all of the neighbors in the area, since they are viewed by
all common neighborhoods.
Vice Chairman Gort: Thank you. Is anyone else here to speak on this item? Anyone else here? We'll
close the public hearing. Comments among Board Members.
214 11/16/00
Commissioner Regalado: Mr. Chairman, just a point to clarify something. To my knowledge, the reason
that some of the people of the condominiums went to the radio was not this project. It was something --
they had an internal situation in one condominium. That's my understanding. I may not have heard them.
The second thing is that to get a traffic light, you know, the developer cannot do it. It has to be done with
a study from Miami -Dade County Public Works. And of course, it's something that has been determined
by a team of experts from the County, with the support of the City that would give them traffic flow and
accident report. But if you don't get the traffic light, it's not the developer's fault or anybody's fault. I
mean, it's just a decision from the County. I just wanted to say that.
Ms. Galindez: But the agreement is that they will --
Vice Chairman Gort: Commissioner, my understanding is the applicant is going to do all the intentions
and all the procedures they're going to go through to try to get a traffic light in that area. OK?
Ms. Garcia -Toledo: Correct.
Vice Chairman Gort: Right.
Ms. Garcia -Toledo: And we are going to undertake the cost of the traffic light, and we're going to work
with all of the neighbors, so that together, as a neighborhood, we can go to the proper authorities and
persuade them to allow us to have the light.
Commissioner Regalado: But I just want to point that out.
Ms. Garcia -Toledo: That's correct. Thank you.
Commissioner Regalado: That it's -- you know, it's not --
Vice Chairman Gort: Thank you. Do I have a motion?
Commissioner Regalado: I'll move the item.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
Ms. Garcia -Toledo: Thank you.
Ms. Galindez: Thank you.
215 11/16/00
U
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 00-1031
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING WITH CONDITIONS A MAJOR USE
SPECIAL PERMIT DEVELOPMENT ORDER PURSUANT TO
ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. I1000,
FOR THE BLUE LAGOON APARTMENTS PROJECT, TO BE
LOCATED AT APPROXIMATELY 4909 NORTHWEST 8T11 STREET,
MIAMI, FLORIDA, TO BE COMPRISED OF NOT MORE THAN 602
RESIDENTIAL UNITS, ACCESSORY RECREATIONAL SPACE,
AND 1004 PARKING SPACES; DIRECTING TRANSMITTAL OF THE
HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND
STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING
EFFECT; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
216 11/16/00
0
Vice Chairman Gort: Ready for 12?
Lourdes Slazyk (Assistant Director, Planning and Zoning): OK. PZ's 12,13 and 14 are actually all
related to the major use special permit for the Park Place Project.
Adrienne Pardo: If I could request your indulgence. And I've been working with the neighbors, and now
they have some other questions. And we just need a few minutes to address it, because Mr. Tucker has
had the last few items that I haven't been able to talk to him. So since --
Vice Chairman Gort: Yes. If we can expedite this, you're welcome to do it, and we love to see
developers working with the neighbors.
Ms. Pardo: OK.
Vice Chairman Gort: OK.
Note for the Record: At this point, agenda item PZ-12 was temporarily tabled.
217 11/16/00
Tucker Gibbs: Could we do Hampton Inn? Because I know that Mr. Williard has been waiting.
Vice Chairman Gort: Gentlemen, I'd like to run the meeting. I'm being very nice tonight. We're getting
close to December. If you have something to discuss, please step outside. There's still people here on
other items that would like to be listened to.
Commissioner Sanchez: It's been a long day. Which PZ item? Three?
Vice Chairman Gort: PZ-3.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ-3 is a request for a modification to the
Parrot Jungle and Gardens at Watson Island major use special permit. The modification, in a nutshell,
they're taking the parking garage from three levels down to two. That change caused a change in the
footprint, which modified some other footprints. Technically, it qualifies as a substantial modification,
because there was more than a ten -foot change in the footprint. But on a project the size of Parrot Jungle,
at that acreage, the small -- the changes really are small in magnitude. But again, technically, it is a
substantial modification.
Commissioner Winton: Move to approve PZ-3.
Vice Chairman Gort: Right. Thank you.
Commissioner Sanchez: Wait, wait, wait.
Vice Chairman Gort: Wait a minute.
Commissioner Sanchez: What were the conditions?
Ms. Slazyk: The same conditions as the original MUSP (major use special permit). All the same.
Commissioner Sanchez: That condition? Second.
Vice Chairman Gort: Anyone here who would like to speak on PZ-3? Anyone here? Being none, we'll
close the public hearing. Motion by Commissioner Winton.
Commissioner Sanchez: Second.
Vice Chairman Gort: Second by Commissioner Sanchez. Any discussion? Being none, all in favor, state
it by saying "aye."
218 11/16/00
•
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-1032
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING WITH CONDITIONS A SERIES OF
MODIFICATIONS TO A MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER, PURSUANT TO ARTICLE 17 OF ZONING
ORDINANCE NO. 11000, FOR THE PARROT JUNGLE AND
GARDENS PROJECT TO BE LOCATED AT 901 MACARTHUR
CAUSEWAY ON WATSON ISLAND, MIAMI, FLORIDA;
DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION;
MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF
LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
(Here follows body of 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: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
219 11/16/00
Vice Chairman Gort: PZ-4.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ 4 and 5 are companion items for land use
and zoning change for the property located at 5932 Northeast 2„d Avenue from medium density
multifamily to restricted commercial. If you look at the maps in your package for this, this is a real tiny
sliver of land that when the property was replatted, a little piece was left off. It's part of another property
that's already got the commercial zoning fronting 2" d Avenue. It's been recommended for approval by the
Planning Board, Zoning Board and the administration.
Vice Chairman Gort: Is anyone here --
Commissioner Winton: I'll move PZ-4.
Commissioner Teele: So --
Vice Chairman Gort: It's been moved by Commissioner Teele, seconded by Commissioner Winton. Is
anyone here to address PZ-4? Anyone here to address PZ-4? Being none, we'll close the public hearing.
All of you- OK. Just say "yes." All in favor --
The Commission (Collectively): Yes.
Vice Chairman Gort: Thank you.
Walter Foeman (City Clerk): It's an ordinance.
Joel Maxwell (Assistant City Attorney): It's an ordinance, sir.
Vice Chairman Gort: An ordinance. OK, read it. Good. Give me a break.
Commissioner Sanchez: Read the ordinance.
Mr. Maxwell: It's a motion to approve? OK.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
220 11 / 16/00
•
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AMENDING THE FUTURE LAND USE MAP OF
THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING
THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 5932 NORTHEAST 2ND AVENUE, 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.
was introduced by Commissioner Teele, seconded by Commissioner Winton, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
221 11 / 16/00
Lourdes Slazyk (Assistant Director, Planning and Zoning): Five is the companion.
Vice Chairman Gort: Motion by Commissioner Winton. Second by Commissioner --
Commissioner Winton: Motion by Commissioner Teele. Second by Commissioner Winton.
Vice Chairman Gort: -- Teele and seconded by Winton.
Note for the Record: The 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, WITH
ATTACHMENT (S), AMENDING PAGE NO. 13 OF THE ZONING
ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY
CHANGING THE ZONING CLASSIFICATION FROM R-3
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT
APPROXIMATELY 5932 NORTHEAST 2ND AVENUE, MIAMI,
FLORIDA, LEGALLY DESCRIBED ON ATTACHED "EXHIBIT A";
CONTAINING A REPEALER PROVISION, 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
222 11 / 16/00
65. FIRST READING ORDINANCE: AMEND ORDINANCE 11000, CITY'S ZONING
ORDINANCE, BY AMENDING ARTICLES 4, 9 AND 25 TO MODIFY LIMITATIONS AND
REQUIREMENTS FOR COMMUNITY -BASED RESIDENTIAL FACILITIES (Applicant(s): City of
Miami Planning and Zoning Department).
Vice Chairman Gort: PZ-6 is the -- go ahead.
Lourdes Slazyk (Assistant Director, Planning and Zoning): Community -Based Residential Facilities
Ordinance. This is doing two things. First of all, it's bringing the regulations up to date with the State
regulations, with the definitions. And the other thing it's doing is allowing us to better analyze the
impacts of community -based residential facilities, particularly the community residential homes, the seven
to 14 ones allowed in the Duplex Districts by requiring class two special permits for them and changing
some of the distance requirements. The main reason for this is -- you know, the original intent of
community -based residential facilities is to integrate residents of these facilities into communities. When
you get a concentration in certain communities, because of the way the distance requirements have been
interpreted in how it was written here, they're defeating their own purpose, because the concentration is
making the community lose the community feel. So this is going to allow us to tighten up some of those
loop holes and to require class two's for the community residential homes and --
Commissioner Winton: And wrecking our neighborhoods.
Vice Chairman Gort: Thank you.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: if you remember, two years ago, I requested to do something, and it's been two
years. I would rather -- I would rather have something stronger, but I think that with this change, we
could -- we could decide who gets and who doesn't get the permits, because I'm telling you, I think that
the main problem is that we do not have control over the clients of those facilities. And the main problem
of that issue is that they are mixing people that are mentally challenged with people that are sick or old.
And those people are creating a huge problem in terms of safety for themselves and for the people that live
in the area. I can tell you that in Southwest 12"' Street, in the Shenandoah area, they have bought on a
three -block area four community ALF's (Adult Living Facilities). And the people are up to here. They
just want to sell and leave. So I would hope that we pass this today, but that the enforcement and the
criteria, Lourdes, will be -- really follow the spirit and the letter of this ordinance.
Ms. Slazyk: Yeah. We did add new criteria in here, too. And if you read in your package, we really
have, you know, the ability for a lot more control.
Commissioner Winton: And Commissioner Regalado, I'm not sure that you shouldn't be requesting of
the administration that we very carefully and appropriately monitor all of the activities of those facilities
to make sure that they're always in compliance.
Commissioner Regalado: Yeah, but the problem, Johnny, you know what? Is that we send --
223 11/16/00
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Commissioner Winton: Now that they're there.
Commissioner Regalado: We send the Fire Department and they are in compliance, because they have the
minimal set of standards. We do not have any power in other standards, other than complain to the owner
that the client is throwing rocks to the neighbor, or trying to touch a child. And that is the problem. This
is why we need -- we need some power to decide who gets the license or not.
Commissioner Winton: I would think that when there are -- whatever those kinds of violations going on
that the City has some influence and power over whether or not those occupational licenses get renewed.
That's what I would suggest.
Commissioner Regalado: That's what we are looking for. And also, when there's a series of actions that
the police have been called in, we can close it down.
Commissioner Winton: Correct, right.
Commissioner Regalado: Like they did in North Miami. They closed down one of these facilities
because there were three or four incidents in that house. So, Mr. Chairman, I move the item.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none -- all in favor,
all in favor state it by --
Commissioner Regalado: It's an ordinance.
Vice Chairman Gort: It's an ordinance. Read it.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
224 11 / 16/00
An Ordinance entitled —
AN ORDINANCE (PENDING)
was introduced by Commissioner Regalado, seconded by Commissioner Winton, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
225 11/16/00
Vice Chairman Gort: PZ-7.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ-7.
Vice Chairman Gort: This is something we've been asking for a long time, also.
Ms. Slazyk: Yes, yes. PZ-7 is related to the interim parking lots. What it does is, it allows them no more
than one year in which they have to come into compliance with all of the City Code and Building Code
requirements. The only exception to that will be extensions granted by the City Manager, and that would
be upon a finding by the Director of the Department of Planning and Zoning that the renewal is in the best
interest of the City, for reasons related to insufficient parking within proximity of a major facility. This is
so they don't all get like shut down at once, and we find, as a City, we have a problem. The Manager,
upon that kind of finding, can grant renewals. The Planning Advisory Board had recommended
something a little different, and I just wanted to put it on the record, because I wanted to make sure you
understand. They wanted the approvals to be no longer than December 31st of 2002. They wanted a drop -
dead date. The Department doesn't recommend approval of that, because there is no way to foresee that
far in advance if we're going to have a need, and if a renewal will be necessary, again, for the better
interest of the City, the general welfare of the City and success of the major development downtown.
Therefore, we recommend approval as originally proposed.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: I've asked for this. I would like to move approval as amended by the Planning
Advisory Board, and let me tell you why. If you don't put an end date on this, it's not going to ever mean
anything. We can extend it by ordinance. Just put a tickler out there, six months before the end of 2002.
And if you need to come back with an ordinance to extend it, we'll consider it that way. But if you don't -
- I don't mean to sound like George W. Bush or any of those folks -- but if you don't put an end date on
this thing, it's going to keep on, and on, and on and on. So let's put an end date on it, and then, if six
months before that, if we need to review it, we can extend it. And so I think, again, the same principle that
we're saying. We've got a Planning Advisory Board. They give it their thought. We ought to give them
some deference, not -- with all due respect to the City staff. And I think we can accommodate both issues.
And so I would move it with that provision.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Any further --
Commissioner Teele: Mr. Chairman --
Vice Chairman Gort: Yes.
226 11 / 16/00
0
Commissioner Teele: -- the only thing I want to understand is this: Does this relate to government
agencies? I mean, you know, one of the problems here is that the government, the County, in some cases
perhaps even the state are among the biggest perpetrators. MSEA (Miami Sports and Exhibition
Authority), they've got parking lots all over there that have never been done properly. I mean, you know,
maybe even the CRA (Community Redevelopment Agency). But the point here is: Are we going to hold
government responsible? If you go to the Women's Detention Center on 7th Avenue --
Commissioner Winton: Hold it everybody --
Commissioner Teele: -- and 14th Street, they're parking all over the neighborhood. They pollute these
neighborhoods. Are we going to hold -- Does this ordinance -- Is this ordinance --
Ms. Slazyk: The answer is, "yes," it applies to government, as well. However, it only applies to the ones
that came in and got class two's as interim parking lots that they have to convert by a certain amount of
time. If a parking lot --
Commissioner Teele: So if they don't have anything, if they're just --
Ms. Slazyk: If they don't have anything, they're illegal, anyway. We just -- you have to, you know,
target them and they do have to come into compliance. If they're under a previous permit before the
codes were what they are today, they're grandfathered. So this will apply to government, but only the
ones that came in for class two's for interim parking lots, the way the code is set forth.
Commissioner Winton: Or the illegal ones.
Ms. Slazyk: And the illegal ones.
Commissioner Teele: I would specifically ask if this passes that the Management work with the Law
Department and the Clerk, and do a public notice that this is in effect, so that everybody is on notice, you
know, that we don't get into a situation that "we didn't know," please.
Joel Maxwell (Assistant City Attorney): Mr. Chairman.
Vice Chairman Gort: There's a motion. Is there a second?
Mr. Maxwell: Mr. Chairman, just for the record, please.
Vice Chairman Gort: Yes.
Mr. Maxwell: It applies to state and local government. It does not apply to federal government. I just
wanted the record to be clear on that, because we talked about government.
Vice Chairman Gort: We understand. "Big Father." What can I tell you? OK. It's been moved. Is there
a second?
227 11/16/00
Commissioner Winton: I second it.
Vice Chairman Gort: Seconded. Any further discussion? Being none, read the ordinance.
Mr. Maxwell: As modified.
Vice Chairman Gort: As modified.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE (PENDING)
was introduced by Commissioner Teele, seconded by Commissioner Winton, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
COMMENTS MADE DURING ROLL CALL:
Commissioner Teele: This does apply to the CRA and MSEA, right?
228 11/16/00
Mr. Maxwell: Yes, sir.
Commissioner Winton: Sounds like.
Vice Chairman Gort: And the Chairpersons should be --
Commissioner Teele: Yes.
229 11 / 16/00
•
Vice Chairman Gort: PZ-8.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ-8 is an amendment to allow for R-4 zoning
properties to -- for property owners to give the City covenants in lieu of unity of title. The reason for this
is R-4 has the same density and intensity allowable as the C-1 and "O" Districts. This was where you find
your bigger projects, where you may have more than one building and they want to have separate owners.
The covenant in lieu of unity of title is a protection for the City. It allows for maintenance agreements and
better code enforcement. It was recommended for approval by the Planning Advisory Board, and the
Planning Department also recommends approval.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Read it.
Note for the Record: The 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
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE
9, SECTION 910, UNITY OF TITLE, TO ALLOW ACCEPTANCE OF
A COVENANT IN LIEU OF A UNITY OF TITLE FOR PROPERTIES
ZONED R-4 MULTI -FAMILY HIGH DENSITY RESIDENTIAL;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
230 11/16/00
was introduced by Commissioner Teele, seconded by Commissioner Winton, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
231 11/16/00
Vice Chairman Gort: PZ-9 is the amendment to Chapter 62 regarding notices to condominium owners.
Lourdes Slazyk (Assistant Director, Planning and Zoning): Notice, right. This --
Commissioner Winton: Move it.
Commissioner Teele: Second, Mr. Chairman.
Tory Jacobs: May I?
Vice Chairman Gort: Yes, sir. Are you in favor or against it?
Mr. Jacobs: Still Tory Jacobs. I'm not only in favor of it, but I want to thank the Planning and Zoning
Department for doing this, and I want to thank the Commission, because --
Commissioner Winton: Well, we haven't voted yet, Tory.
Mr. Jacobs: -- as I recall, January of '97 -- what?
Commissioner Winton: I said, "We haven't voted yet, Tory." Don't be thanking us yet.
Mr. Jacobs: Well --
Commissioner Winton: We only have a motion and a second.
Mr. Jacobs: I'm optimistic. But anyway, in January of '97, I think we, the homeowners association
suggested this. And I understand that you are also considering extending the 375-foot distance to 500 feet
in the near future for this notice, and we applaud this and thank you.
Vice Chairman Gort: OK. Any further discussion? Being none, read the ordinance.
Note for the Record: The City Attorney read the pending ordinance into the public record by title only.
Vice Chairman Gort: Roll call.
232 11/16/00
•
0
An Ordinance entitled —
AN ORDINANCE OF THE CITY OF MIAMI COMMISSION
AMENDING CHAPTER 62/ARTICLE V OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND
PLANNING/APPOINTMENT OF MEMBERS AND ALTERNATE
MEMBERS OF THE PLANNING ADVISORY BOARD AND ZONING
BOARD," TO AMEND PROVISIONS RELATED TO COURTESY
NOTICE FOR CONDOMINIUM ASSOCIATIONS; MORE
PARTICULARLY BY AMENDING SECTION 62-129(4) OF SAID
CODE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Winton, seconded by Commissioner Teele, and was passed on first
reading by title only, by the following vote:
w
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
233 11/16/00
69. SECOND READING ORDINANCE: AMEND ORDINANCE 10544, CITY'S
COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING LAND USE DESIGNATION FOR
PROPERTY LOCATED AT 2500 BRICKELL AVENUE FROM "SINGLE FAMILY RESIDENTIAL"
AND "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY
RESIDENTIAL" (Applicant(s): Charles Leemon, III and Linda Leemon).
Vice Chairman Gort: PZ-10 is second reading. It's been --
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ-10 and 11 are companion items for the
zoning and land use change for the Hampton Inn at 2500 Brickell Avenue. I gave the Department
recommendation at the last meeting. We recommend approval. It was recommended for approval by the
Planning Advisory Board and Zoning Board. It was also approved by the City Commission on first
reading November 16, 1999.
Vice Chairman Gort: Thank you. Yes, sir.
Chad Williard: Good evening, members of the Commission.
Commissioner Sanchez: We haven't come to a decision yet?
Commissioner Teele: Is there opposition?
Mr. Williard: We'll get to that in a moment, Commissioner.
Commissioner Teele: Are you opposing this?
Tucker Gibbs: Me? Yes. I'm representing the Roads Association and the South Miami Avenue
Homeowners Association on this issues, too.
Commissioner Sanchez: He's like ketchup. He's everywhere.
Mr. Williard: He's a triple threat tonight.
Mr. Gibbs: Thank you, Chad.
Mr. Williard: For the record, my name is Chad Williard, offices at 999 Ponce de Leon Boulevard, here on
behalf of the applicant, Charles Leemon, who is also here with me tonight and will be making a few
comments after I conclude my remarks. Also with me tonight is the architect for the project, Mr. Tony
Evia (phonetic) and my partner, Mr. Tom Carlos. Now, this item has been before you -- I feel like maybe
some sort of election joke coming -- one, two, three times. So you're very familiar with it. I'm not going
to go into a lot of the merits. However, I do need to get into a little bit of it, because, unfortunately, we
were not able to reach an agreement with the new South Miami Avenue Homeowners Association. And
unfortunately, it appears that the Roads Association has rescinded their previous approval of the
application. However, the Brickell Homeowners Association is still in support of the application, subject
to the covenant that we proffered, and I'll get into that a little bit, too, in just a minute. And I want to
make this clear. We're sort of sandwiched in between two large tower applications. I just want to be very
234 11/16/00
clear, because it seems like the facts have gotten distorted a little bit about this application. This is
technically an R-4 zoning request, yes. But what we're talking about here is not a double digit -story
tower. We're talking about a three-story hotel that's been there since 1959, and a request now that asks
that we add two floors to that, and that's all we can ever add to this hotel. So I want to make it clear.
We're talking about five stories now, and that's it. A big difference between the other applications that
have come before tonight and the one that will be coming before you in a few minutes. Now, legally, the
record is very clear on this application. There is complete, substantial, competent evidence on the record
in support of this application. We have staff support on that issue. So I don't want to get in too much of
the legal aspects of why you should approve that, because that's clear, that's on the record. I don't need to
go into that anymore. This is really an equity and fairness argument in how the City chooses to treat
business owners who have been a good influence and been a productive member of the City for many,
many years. They come to the City, they ask what the rules are, they find out what those rules are, and
they follow those rules. And, as you'll see in a minute, we're in danger of treating that type of positive
business influence in a very unfair way. And to appreciate just how far we've come and where we are
now, I just briefly want to go over some of the -- a quick time line of where we are. As early as 1996, the
property owner, Mr. Leemon approached the City and requested whether -- an inquiry as to whether or not
his current zoning would permit him to expand his hotel from three floors to five floors. And he got an
opinion from -- it was actually Assistant City Attorney Joel Maxwell. And he explained that this is a
strange piece of property. It was rezoned to R-3 in 1959 by virtue of a Supreme Court -- a Florida
Supreme Court decision where they had come in asking for hotel zoning at the time, which was R-3
zoning classification. It was denied. It went through the courts, and the court, after reviewing the unique
characteristics of this site ordered and adjudged that this property be rezoned for hotel use, which at the
time was R-3. And it's important to know because it -- this is where I'm going to touch on the merits just
a little bit. When you look at this property, be very clear about where it's located, and you can -- We
don't have the aerial here, so it doesn't do it justice. But just from the site plan here, you can tell we are
an island, a veritable island. And that's the words the Supreme Court used back in 1957, and that was
then. Imagine how much worse the traffic has gotten and the lanes have expanded since then, at that time.
And we still today -- it's gotten worse. We're surrounded by Brickell Avenue, 25th Road, South Miami
Avenue and now the 1-95 flyover. So it really is -- If you're worried about precedent -setting and that sort
of thing, you don't have to worry about that in this case, which is one of the major reasons why staff
supported us, because there are facts unique to this particular piece of property that you don't see in other
properties. It is literally surrounded by four major roadways. And it was for that reason that the Supreme
Court at that time found that one of the few uses that you could have on this property was a hotel. And
just for the record, I want to submit a copy of that case. So we were told that R-3 was the hotel zoning at
the time. At some point after that, in the `60s or `70s -- the City wasn't able to find out for sure -- the
hotel use was removed from the R-3 zoning classification. It was taken out by ordinance. So you had --
our property was transformed into a legal non -conforming use, which meant you can have the hotel that's
there, but you cannot expand it. So it was for that reason that Mr. Leemon was told by the City at that
time you can't do this administratively, it's going to require a rezoning. So a couple years go by. Mr.
Leemon approaches my office to go back to the City and explore ways in which he could get his two-story
addition. And again, we met with Assistant City Attorney Maxwell, and we met with Lourdes Slazyk.
And we were told that today, the zoning district that permits hotels is R-4. Therefore, we would have to
come in, because we were a legal non -conforming use, to get rid of that non -conformity, which the City in
their Code -- I believe it's Article 1100, promotes the removal of non -conformities, which is another
reason why they support this application. But we were told that we needed the R-4 zoning. We didn't
come in asking for R-4. And you're going to hear from some of the objectors that they think this is some
235 11 / 16/00
sort of surreptitious ploy on the part of the developer to get an R-4 zoning so we can maximize the
building height, the FAR (floor/area ratio), that sort of thing. That is not, was never our intent. It's not
our intent. We've given a covenant to further memorialize and prove our good faith here. But R-4 is the
only way we can go. And that's really the main issue here. Now, and you'll hear from the other side they
don't really object to the two stories. No one objects to the two-story addition. It's really an issue of a
difference of opinion over the procedure versus the substance. If there was another way to do this, believe
me, we would. However, you will recall at the last hearing, we took a deferral to go meet with staff to see
if there was some other way to do this. And what we didn't know at the last hearing that we found out in
that meeting is that the issue is this property is split into six lots, three on the east, three on the west. We
thought at the time that the hotel footprint today sits entirely on the eastern three lots. Therefore, maybe it
was possible to keep R-1 on the back three lots. What we found out when we looked at the survey was the
hotel footprint does go across that line and into the R-1 parking lot. And for that reason, in order to
remove the non -conformity and to allow the two extra floors, the entire property needs to be zoned R-4,
which again goes back to why the City told us to do this in the first place two years ago. Well, we've
done exactly what they've asked us to throughout. And I just want to -- I think it's important to note that -
- what I said before. We're not here to try to get R-4 zoning for the entire property so we can go and build
some tower. We have given a covenant, and I'll tell you what the covenant says. That we will limit the
building to five stories, the three that's there plus the two. We will limit development to this site plan. So
any fears they have about us being able to come in without any sort of public hearing and build on those
back lots, that cannot happen if you approve this application, because if you approve it, we will record this
covenant, it will become part of the public record. And what we've agreed to do, even though two of the
homeowner groups now oppose us, we've included them in the notice provision to the covenant, which
says that if we ever do come back in for a public hearing, we will have to notify them before we can do so.
So they're going to have ample opportunity to come and use the process to air whatever grievances they
may have, if at all. Again, we have no intentions -- I'll state that for the record -- of coming in and doing
anything. Mr. Leemon will be here in a few minutes and will explain to you his history with the property
and his intentions.
Vice Chairman Gort: Let me ask you a question, and staff. My understanding is the only reason we're
here today is because the footprint goes how many feet into the R-1?
Ms. Slazyk: Yeah, yes. They're a non -conformity. So the only way they can expand is to remove their
non -conforming status. What we explored from the last meeting to this meeting was if there was any
other way so the R-1 could just stay R-1 and leave the parking non -conforming.
Vice Chairman Gort: Right.
Ms. Slazyk: But a piece of the building encroaches into the R-1. So.
Vice Chairman Gort: Question. In rezoning, do we have to rezone the whole area? Because in rezoning
before, to save the residential area, we have taken just "X" amount, and you don't have to do the whole
area.
Commissioner Winton: And replat it.
Ms. Slazyk: Yeah. They would have to replat.
236 11/16/00
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•
Vice Chairman Gort: Right.
Ms. Slazyk: They would have to replat.
Commissioner Winton: Well, how expensive is it?
Ms. Slazyk: I checked with the Zoning Administrator, and he can come testify. But you can't rezone just
a portion of a property. It would have to be on a property line that was platted, a recognized line.
Vice Chairman Gort: OK.
Joel Maxwell (Assistant City Attorney): And then you'd have to rezone it.
Ms. Slazyk: Then you'd have to rezone it.
Mr. Maxwell: Then you'd have to rezone it, Commissioner.
Ms. Slazyk: And then they'd have to rezone after --
Vice Chairman Gort: Excuse me, sir. You are? Go ahead.
Tom Carlos: My name is Tom Carlos. I am Mr. Williard's partner. And in the replatting, that portion of
the parking lot that would be serving the hotel that would be in the so-called R-1 zone would be --
Vice Chairman Gort: The parking lot.
Mr. Carlos: Would be a conforming use or a non -conforming use?
Ms. Slazyk: The parking in the R-1 would be non -conforming. But there's -- the other thing we checked
from the last meeting to this meeting is if there was sufficient parking, including parking for the addition,
and there was. There is sufficient parking. But they would be a non -conformity.
Vice Chairman Gort: That's the whole thing. That'll take care of the whole thing.
Mr. Carlos: And staff would be able to represent that this would not impede a building permit to build a
facility in which the amenities serving that facility would be non -conforming?
Juan Gonzalez: Yeah. Juan Gonzalez, Planning and Zoning. That is correct. Even though the R-1 would
be non -conforming, it's a non -conforming characteristic of use. That parking will still be able to serve the
R-4 portion of the hotel.
Mr. Carlos: Let me -- there are two items that are here. One has to do with the master plan change, which
we had to do in order to even request the R-4 zoning. That has to take place as well?
Ms. Slazyk: Yes.
237 11/16/00
Mr. Gonzalez: In the R-4 portion, yes.
Mr. Carlos: Forget the zoning for a moment. The master plan designation has to change. Then the
zoning would be deferred, allow us to go and replat, and then come back and have the zoning application
conform.
Vice Chairman Gort: Hello? Talk to me.
Ms. Slazyk: Yeah. Let me explain that. The comprehensive plan amendment, the land use plan
amendment isn't tied to lot lines. In fact, it's not supposed to be. So you could approve the R-4 land use
designation, high density, multifamily residential for the front of the property, and then, say an area of
about 100 feet, which is the minimum width that they would need for replatting the back, would remain
the single-family.
Vice Chairman Gort: Why didn't I think of that last time?
Ms. Slazyk: And then they would replat and come back for the zoning change.
Vice Chairman Gort: Let's do that. OK? And that way, we will make everybody happy. OK?
Commissioner Winton: And -- right.
Vice Chairman Gort: All right. So what's the motion we need to --
Mr. Carlos: Well, we have a client. We need our client to also embrace --
Vice Chairman Gort: Well, I think your clients heard all the opposition. Your clients have seen all the
work that we're doing to try to make sure that it stays and he gets his two stories.
(INAUDIBLE COMMENTS)
Commissioner Sanchez: All right. Boy, that's the beauty of the art of compromising.
Mr. Carlos: You have to come back here, because the zoning will be approved at a later date. The zoning
issue will be deferred today to a later day, after we've gotten the property platted. And the zoning then
will conform to that area that will be replatted.
Charles Leemon: Charles Leemon. And I think we could accept that, as long as we don't have to answer
to another homeowners association.
Commissioner Winton: I can't hear you.
Mr. Leemon: I mean, how many times do we have to go through this vote?
Vice Chairman Gort: Sir, state your name and address, name and address for the record, sir.
238 11/16/00
•
Mr. Leemon: Charles Leemon. And that's acceptable to us. It's just that I don't want to have to go back
before another homeowners association. Like I said, how many votes do we have to take? I mean --
Commissioner Winton: Well, and --
Vice Chairman Gort: Well, this will be an agreement, and this is a compromise that pleases everyone.
Commissioner Winton: Let me -- yeah. And I'm the Commissioner for that district, and I can tell you, if
you go through that process -- and I've heard the arguments, pro and con, on both sides -- and you have
my support from this, even if the homeowners association changes their mind. You've got my support in
doing this, if we can replat that piece so that you can do your addition, but we don't create R-4 for the
whole parking lot, which is their -- all the arguments I've heard about. Then, then we're happy, and you'll
get my vote of support on that.
Mr. Maxwell: Commissioner, just to clarify for the record, please. What the Commissioner is saying, Mr.
Carlos is that --
Commissioner Winton: Yes, please.
Mr. Maxwell: -- is that if these changes are done, it's very likely that, based upon that information he has,
and a public hearing at that time, that he would vote for it.
Commissioner Winton: That's exactly what I said.
Commissioner Sanchez: See, that's why we pay him the big bucks, to protect us when we make
statements that we're not supposed to be making.
Mr. Leemon: We enjoy the plain talk of the Commissioner more than the legalese of the Legal
Department. So we'll rest with that. We'd like to tell you about all the merits this project would have, as
a person who grew up in the Roads and what have you, but your night is long, and the compromise
achieves everybody's goal. Why -- like Steve Clark says, know when to hold them, know when to fold
them. We just folded.
Commissioner Winton: Thank you.
Vice Chairman Gort: All right. Thank you, sir.
Mr. Gibbs: And just to put on the record, so you will have it on the record that this was the proposal that
we were going to propose after a lengthy presentation. So thank you all very much.
Vice Chairman Gort: You're welcome.
Mr. Gibbs: I love it.
Commissioner Sanchez: Any action by this Commission?
239 11/16/00
i 0
Vice Chairman Gort: What actions do you need from us?
Ms. Slazyk: OK. Yes. On PZ-10, we're going to be -- it would be an approval for the property located at
approximately 2500 Brickell Avenue, excluding -- excluding a portion of land with frontage on South
'Miami Avenue, approximately 100 feet southeast from Miami Avenue into the property.
Vice Chairman Gort: OK.
Ms. Slazyk: That's the best I can describe it until it's platted.
Vice Chairman Gort: That's Commissioner Winton's motion. Is there a second?
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor,
state it by saying "aye."
Mr. Maxwell: It's an ordinance, it's an ordinance.
Vice Chairman Gort: An ordinance. Read it.
Mr. Maxwell: As amended.
Vice Chairman Gort: As amended.
Note for the Record: The City Attorney read the- pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
240 11 / 16/00
0 10
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 2500 BRICKELL AVENUE, MIAMI, FLORIDA,
FROM SINGLE FAMILY RESIDENTIAL AND MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL TO HIGH DENSITY MULTIFAMILY
RESIDENTIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS
TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of November 16, 1999, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner
Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11997.
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.
241 11 /16/00
Vice Chairman Gort: Item 11, a companion item.
Lourdes Slazyk (Assistant Director, Planning and Zoning): On item 11 is the one that needs the
continuance. And I was just speaking to the Zoning Administrator.
Commissioner Sanchez: So move for continuance.
Ms. Slazyk: Well, it's actually going to have to be a deferral, and we're going to have to re -advertise it,
because we don't -- it's going to have to come back to you as a companion item with the final plat, and we
don't know when that'll be. So if you just defer it, then we will re -advertise.
Vice Chairman Gort: Right.
Commissioner Winton: Move to defer.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and seconded. Any discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Winton, who moved for its adoption:
MOTION NO. 00-1033
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM PZ-11
(PROPOSED ZONING CHANGE AT APPROXIMATELY 2500
BRICKELL AVENUE FROM R-1 SINGLE FAMILY RESIDENTIAL
AND R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO R-
4 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL).
242 11 / 16/00
1]
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U
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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
243 11 / 16/00
Vice Chairman Gort: PZ-12. Don't ever put three items from the Roads -- Well, let's hope they're never
coming back again.
Tucker Gibbs: Next time, we'll do the Grove, three items from the Grove. OK?
Vice Chairman Gort: Now (inaudible) Miami Avenue and Brickell. Did we ever reach any agreement or
--? We have. OK.
Adrienne Pardo: Yes, we did. Yes, we did.
Vice Chairman Gort: Yes. PZ-12.
Commissioner Sanchez: So there's peace in the valley.
Mr. Gibbs: Yes.
Vice Chairman Gort: Go ahead.
Mr. Gibbs: Yes.
Vice Chairman Gort: This is the art of compromising. You'd be amazed and surprised sometimes, when
we defer these items, how many things you can get accomplished. Yes, ma'am.
Ms. Pardo: Hello. My name is Adrienne Pardo with law offices at 1221 Brickell Avenue. I'm here today
on behalf of Park Place, LLC, which is the owner of the subject property. With me here today is Mr.
Allen Ojeda, principal of the company, as well as Mr. Willy Bermello, the architect. We have reached an
agreement with our neighbors, with the South Miami Homeowners Association, as well as with the Roads
Homeowners Association. After our last meeting, we sat down with the association and they -- we had
several meetings, mind you. And they basically told us what they were looking for on this particular piece
of property. At the previous hearing, we had come before you with a project that was for 918 residential
units, and there were three towers. That project is shown on the board. Looking towards it, it would be on
the left board. The red area on that board was the parking garage, which was a nine -story structure, and
then there were three towers. As you can see, there's three towers outlined in blue. We did have
recommendations before the various boards that we had gone before, and we had complete architectural
drawings of the proposed buildings at the time we had come before you. However, we sat down with the
neighbors, and they told us their concerns for this piece of property. It is important to note that it is
located in the SD-5 District that allows for unlimited height, very high density, and we met all the
requirements there. We were asking for a variance, however. However, we did sit down with them, and
we went through a long list. And at the time, I told them, "This is a Christmas list you're giving us."
However, I went back to my office with my client, and he said, "You know what? There's some truth to
what they're saying here. Let's sit down. I am willing to scrap that prior project, and I will redesign this
project," which is what we have before you today. What we have before you today is a project with only
244 11 / 16/00
two towers, so it creates a lot more open space. The area in red will be the parking garage, and the area in
green, which is located off of 151h Road and South Miami Avenue, will be a plaza area at grade. That will
be the driveway -entrance for both the buildings. We don't know exactly how -- you know, exactly how it
will look, but we understand that we will have to come back before the Urban Development Review
Board, the Planning Advisory Board and the City Commission. But we think this is a great project, and
our neighbors think this is a great project, as well. In addition to only providing for two towers, we have
agreed to decrease the density from 918 units to 840, which is a reduction of 78 units. That brings it down
to 233 units per acre, which is basically the average for the various buildings that have been approved
within the Brickell area, and, in fact, there have been others that have been approved with a lot higher
density. So at this point in time, what we're asking this Commission is to approve a resolution -- approve
a major use special permit that allows for 840 residential units with 16 -- I'm sorry -- 22,000,
approximately 22,823 square feet of retail. We will have 1,224 parking spaces, and to approve in concept
our design plan, which we would have attached to the resolution. And then we will come back before
you. Like we said, we need to do complete architectural plans again, and so that will take several months.
And we'll have to do a substantial amendment. At that time, obviously, notices will be sent out, and part
of our agreement, we will be showing our architectural designs to the associations before we file them
with the City.
Vice Chairman Gort: Thank you, ma'am. I appreciate it. Yes, sir.
Mr. Gibbs: OK. I'm Tucker Gibbs. I represent the Miami Roads Neighborhood Civic Association, and
the South Miami Avenue Homeowners Association. And --
Vice Chairman Gort: How about the Brickell?
Mr. Gibbs: Pardon me?
Vice Chairman Gort: Brickell Homeowners Association?
Commissioner Sanchez: No. They got Tory Jacobs.
Mr. Gibbs: No. They got Tory Jacobs here. Tory's big enough. He doesn't need a lawyer.
Tory Jacobs: I'm free. I'm free.
Vice Chairman Gort: You're a free agent. OK. Yes, sir. I'm sorry. Go ahead.
Mr. Gibbs: That's all right. And we're here to support this application as described. However, we would
like to add one thing. And this is something we've talked about with the developer. One of the issues of
this project has always been from the very beginning the density and the impact on South Miami Avenue
and the Roads neighborhood. And the developer has agreed to apply for and obtain permits to build a "no
left turn" curbing at the corner of South Miami Avenue and 15' Street to -- and the corner of -- and the
corner of Southwest Ist Avenue and 151h Street. These are roads that parallel Metrorail and south -- and
the expressway that are often used as speedways down to access to I-95. This would help discourage that.
In addition --
245 11 / 16/00
L�
•
(INAUDIBLE COMMENT)
Mr. Gibbs: I did say that. 151h Road. I'm sorry. 15th Road. I apologize. And the other is to create a
narrow median along Miami Avenue going up from 151h to 131h Street, Coral Way. What this will do is
will encourage those 1200 or so cars that would be parked in the parking garage of this project to exit and
be encouraged to move north -- to move north, which is the intent of -- their traffic study has said this is
what's going to happen. Our position is we were very concerned about this. And in doing so, Mr. Ojeda
has -- has proffered that he will pay for these improvements, he will apply for them. However, as you all
know, it isn't in the purview of the City Commission to say do it. It is the purview of the County. The
County deals with these issues, the County Public Works Department. What we would like as the
homeowners in the neighborhood -- and Mr. Ojeda has no objection to it, he supports this -- is that we
would like a motion from the City Commission that would support the medians and the "no left turns," as
we have described, and encourage and direct City staff to go with Mr. Ojeda to the County to put your
(unintelligible), so to speak, on this effort to protect the neighborhood. This was -- and Mr. Ojeda has no
control over the County, and this is the one way we can --
Vice Chairman Gort: Yeah, but I think we -- there's a lot we can do, because let's look at it. When you
look at Miami Avenue, that's one of the few beautiful, residential, historical areas that still exists within
the City of Miami. And I would like to see that area protected as much as we can.
Mr. Gibbs: And this is a critical issue.
Vice Chairman Gort: I mean, I think that we have to look for a way to do it.
Mr. Gibbs: Right.
Commissioner Sanchez: First of all, Mr. City Attorney, are we allowed to do that?
Joel Maxwell (Assistant City Attorney): Well, what you're doing is suggesting -- first of all, you have
three items in front of you right now, and the cart is kind of getting put ahead of the horse here. What you
have is the first -- this item right now is a street closure. And the next item is a street closure. It's the item
after that, number 3, which is the major use special permit and the one that really would address the issues
that Mr. Gibbs talked about.
Commissioner Sanchez: Well, legally, guide us through the -- through the process here.
Mr. Maxwell: I think I -- as Mr. Gibbs pointed out, that's not, that's not a purview of the City, traffic, so
forth. But there's nothing wrong with you passing a motion saying you would suggest to the Manager that
support be given, moral support. And that's basically what Mr. Gibbs is asking for, moral support.
Mr. Gibbs: Well, I'm asking also for active support. I'd like to see Mr. Jackson go down there and talk to
his compatriots in the County Public Works Department. And I think that's also in your purview.
Vice Chairman Gort: Let me tell you, not only moral support but I think we --
Mr. Maxwell: That's still moral support.
246 11 / 16/00
Vice Chairman Gort: We have to realize --
Commissioner Sanchez: Active support.
Vice Chairman Gort: I think it's very important that we all realize we, the Commission, are the front line.
But we also have the legislators, and we have the County Commission. They're elected by us. They
represent our districts. And we have senators that represent our districts, and we have to tap those people,
too. And I'm not going to say anything else, because he's getting ready to tell me I'm saying the wrong
thing. But you have the commitment from this one Commissioner. I know all of us want to protect that
one area.
Mr. Gibbs: But one of our concerns -- and this is an issue in negotiation. This is a very critical issue in
getting the agreement that was like probably me giving birth to an elephant. I don't know about the other
side. But what I'm saying is, is that --
Ms. Pardo: I won't go there.
Mr. Gibbs: Yeah. But what I'm saying is it was very -- it was -- this was not an easy thing. And a critical
issue here was the commitment of the Commission. And it's essentially a sense of the Commission
directing the Manager to direct the Director of Public Works to go and support Mr. Ojeda at the County.
It isn't -- we're not trying to step on the County's toes here, but we know they're the ones who have to do
it. And Mr. Oj eda has no control over that.
Vice Chairman Gort: Right, OK.
Commissioner Sanchez: Tucker, Tucker, I think we are prepared. My thing was to make sure that it was
legal for us to come by. I mean --
Mr. Maxwell: Yes. But I would -- I would again suggest that that be something that you do at the very
end.
Commissioner Sanchez: At the very end? OK.
Mr. Maxwell: At the very end, because that -- I'm concerned that that will --
Vice Chairman Gort: At this time --
Mr. Maxwell: -- that will be tied up in it.
Vice Chairman Gort: At this time, I'd like to recognize the one individual that it's his district, and he's
the one that's got to make the motion. Commissioner Winton.
Commissioner Winton: Thank you. Well, I have to take my hat off to the developer for stepping to the
plate and making some radical changes. I have one question, however, and that is, from a staff standpoint,
have we looked at the -- I had a huge concern about the density here. I mean, it was of significant
247 11 / 16/00
concern. And the design is a lot better. The ideas on changing, the limiting left turns, and changing
medians is also a really nice, mitigating factor to keep traffic off of South Miami Avenue. But the density
is still very, very significant. And have we, from a staff -- have we looked at the impact of traffic on that
particular area? This isn't -- this isn't your typical little spot in the City. I mean, that's a -- that's a pretty
crowded little corner right there. And the last thing I think that we want to do is kill the ghost -- kill the
ghost -- kill the goose that laid the golden egg here, in that we create a density problem that literally stifles
future development. Then we just die. So have we --
Ana Gelabert-Sanchez (Director, Planning & Zoning): I think at this point, on the density, we have
looked at it, and like it is consistent with the rest of Brickell. As far as a traffic study, they would provide
it once the project is presented to us, like they did before, when the project -- they present the project.
Right now, you're not looking at a project. You're looking at a proposal of what they would do with the
land. Then at that time --
Commissioner Winton: So that's going to be required to come back.
Ms. Gelabert-Sanchez: -- then we would go ahead and see the traffic study. As part of the last project in
the development, one of the conditions on the development order that we had said was if it was phased
that we would see a traffic study once they presented, and if the second phase came after, we would see an
additional traffic study at that time.
Commissioner Winton: OK.
Ms. Pardo: Which we agreed to that condition.
Commissioner Winton: Got it, got it. Then I move to accept the compromise that's been reached by the
developer and the neighborhood.
Commissioner Sanchez: Go ahead.
Mr. Maxwell: No, no. No. Remember what you have --
Vice Chairman Gort: What's Johnny saying?
Mr. Maxwell: First of all, it's a street closure. It's the same as the item you had before, in the best interest
of the City, whether or not closing the street is in the best interest of the City. That's the criteria you have
there. Same for the next one. Then after that -- separate criteria.
Ms. Pardo: I'm going -- I have to defer the street closure, because we need to do some reworking, because
of the new configuration of the parcels. So we will be bringing those items back. At this point in time, I
would just like to defer it to a date uncertain. I understand they would have to be re -advertised.
Mr. Maxwell: Is this both items?
Ms. Pardo: That's 12 and 13.
248 11/16/00
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Vice Chairman Gort: Johnny, it's a motion to defer.
Commissioner Winton: So move.
Mr. Jacobs: May I have a quick word? Just for the record, I'd like it to be known that Mr. Ojeda has
agreed --
Vice Chairman Gort: Please, Mr. Jacobs, can you give us your name and address?
Mr. Jacobs: Again? Sure. Tory Jacobs, 145 Southeast 25th Road, Miami. Mr. Ojeda has agreed to
landscape the medians of the two blocks from South Miami Avenue to Brickell, and Brickell to South Bay
-- to Brickell Bay Drive. And I'd like that for the record. And we certainly appreciate that very much.
Mr. Maxwell: Mr. Chairman, I think it's only fair --
Vice Chairman Gort: Yes.
Mr. Maxwell: I must object to that for the same reasons.
Vice Chairman Gort: Right. OK. I need a motion to defer.
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Teele: What?
Vice Chairman Gort: We're deferring.
Commissioner Winton: They've asked for a deferral.
Vice Chairman Gort: For a deferral.
Ms. Pardo: On the street closures.
Commissioner Winton: The developer has asked for a deferral.
Ms. Pardo: Just on the street closures.
Mr. Maxwell: On the street closure.
249 11 / 16/00
Ms. Slazyk: Just the street closures are being deferred.
The following motion was introduced by Commissioner Winton, who moved for its adoption:
MOTION NO. 00-1034
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM PZ-12
(PROPOSED CLOSURE OF APPROXIMATELY 538 FEET OF
PUBLIC RIGHT-OF-WAY LOCATED NORTH OF S.E. 15TH ROAD
RUNNING PARALLEL AND BETWEEN SOUTH MIAMI AVENUE
AND BRICKELL AVENUE).
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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
250 11/16/00
Joel Maxwell (Assistant City Attorney): Now, on item 14, on item 14, all of the discussion concerning the
County --
Vice Chairman Gort: Wait a minute. I have to get -- I have -- I need to vote on this one.
Commissioner Teele: On which one?
Vice Chairman Gort: Item --
Commissioner Winton: Item 12 and 13, right?
Mr. Maxwell: Deferral.
Ms. Lourdes Slazyk (Assistant Director, Planning and Zoning): It would be a deferral, not to a date
certain, so there will be re -advertising.
Commissioner Winton: At the request of the developer. So moved, and we have a second.
Ms. Adrienne Pardo: Because of the configuration of the new property with regards to our alley closure,
we need to rework the public access easement, so we need to bring that back.
Commissioner Sanchez: Johnny, you moved. I'll second.
Commissioner Winton: Which they had told us while you guys were talking down there.
Vice Chairman Gort: It's been moved and seconded. Any further discussion?
Commissioner Teele: Let me say one thing. I think we need to be very careful here. And Mr. Attorney,
I'm not comfortable at all with these things that are being put on the record about what somebody
promised to do and this. I mean, you know, we're going now on a slippery slope now that got us to --
what's that case that they all have to -- in the County, they're all scared of? The court -- Jennings. You
know, we're heading down a slippery slope. I don't think we ought to allow all this stuff in here. Look,
we cannot be used to enforce side deals and sidebars, and all of that kind of stuff. And I think it's really,
really, really important that we put the public on notice, the lawyers on notice that this is -- this is going
somewhere that I'm not very comfortable with, because I don't know what's being agreed to, and I don't
want to know anything but what is before us. And all this stuff about somebody is going to do
landscaping and this, that and the other, because if it doesn't happen -- and, see, I walked in here on this --
what was that thing in the Grove? -- The Cloister, or some park or something? -- Where everybody was
coming in, saying what side deals had been made, what had been agreed to off the record and on the
record, and one Commissioner said one thing. We need to be very careful here, ladies and gentlemen.
And Mr. Attorney, I'm really disappointed that you're not being more aggressive in keeping this stuff off
the record.
251 11/16/00
Commissioner Winton: He told us that.
Vice Chairman Gort: He's been saying that all along.
Commissioner Winton: He's been saying it to us. You guys were talking down there, and he was saying
it.
Commissioner Teele: But why is everybody up -- well, why is everybody up saying about landscaping,
and side -walking and --
Vice Chairman Gort: Commissioner Teele, Commissioner Teele, one of the problems that we have, we
try to tell people what we can hear, but people don't listen. What can I tell you? You know, people come
up, and they make statements.
Mr. Maxwell: Commissioner, on the item before here, a young lady was introducing things into the
record, and I was very clear about the irrelevance of that, and advised the Commission that shouldn't be
considered. The Chairman tried on a couple of times --
Commissioner Teele: See, but once it's uttered, once it's uttered, then if somebody, doesn't do something,
these same people are going to come back here and say, "Well, why didn't you make them do it?" You
see? And we can't make them do it. So we need to -- we don't need to mislead thepublic, either, about
this stuff. I'm very comfortable with the fact that the developer and the communityare working together.
That's a good thing. But we cannot be used to enforce relationships or agreements that have been made
that are not a part of what's before us. And to that point, you know, there -- just so that the public knows -
- there are resources available that -- We need to work with our Public Works Department and the
Management in addressing legitimate issues. If there is a left lane turn that ought to be done, then the
Public Works Department ought to be working with us. And if the developer wants to work with us, God
bless him, fine, and all of that. But that shouldn't be a part of the zoning stuff. That should be a part of
the Commission agenda, and I just am very nervous about this.
Commissioner Winton: We have a motion.
Vice Chairman Gort: Any further discussion on the deferral?
Commissioner Sanchez: None.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
252 11/16/00
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The following motion was introduced by Commissioner Winton, who moved for its adoption:
MOTION NO. 00-1035
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM PZ-13
(PROPOSED CLOSURE OF APPROXIMATELY 337 FEET OF
PUBLIC RIGHT-OF-WAY LOCATED NORTH OF S.E. 15TH ROAD,
RUNNING PARALLEL AND BETWEEN SOUTH MIAMI AVENUE
AND BRICKELL AVENUE).
Note for the Record: Commissioner Teele indicated that per Jennings
Rule, the public is to be notified that on certain zoning issues, the City
cannot enforce relationships or agreements made between interested
parties, which are not a part of the particular issue being considered by the
City Commission.
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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
253 11/16/00
Vice Chairman Gort: Thirteen..
Joel Maxwell (Assistant City Attorney): Mr. Chairman?
Vice Chairman Gort: Yes.
Mr. Maxwell: This is 14.
Lourdes Slazyk (Assistant Director, Planning and Zoning): Fourteen is the major use.
Mr. Maxwell: Yeah.
Ms. Slazyk: For 14, I guess, to accept the conditions that were put into the record by the applicant. The --
Mr. Maxwell: Excuse me. That's the point I was trying to make.
Adrienne Pardo: No, no. I didn't deal with conditions. It was just the development program.
Mr. Maxwell: Yeah. I want to make sure that everyone understands that directions or suggestions
regarding going to the County are not part of this major use special permit.
Vice Chairman Gort: Right.
Mr. Maxwell: I feel that that would probably be an improper delegation.
Ms. Pardo: I'm not asking --
Mr. Maxwell: The County, the County, that's the County's decision. But certainly, whether or not they
approve it or not has nothing to do with the decisions of this Commission. That's why I suggested again
that that not be addressed, at all, until after you've dealt with the major use special permit.
Ms. Pardo: That's fine. We have no problem with that.
Ms. Slazyk: OK. So on the major use special permit, that you would be doing is approving a major use
special permit, the conceptual site plan, and then in the resolution, we would make whatever changes are
necessary to reflect that it be up to 840 units, 22,823 square feet of retail, which is the same as the original
proposal, and 1,224 parking spaces, that it be the conceptual plan dated November 8, 2000. And I would
add an additional condition that requires the applicant to apply for the substantial modification review and
approval for each phase of the major use special permit. Each phase shall require approval of the design
component, including right-of-way improvements, facade treatment, signage, lighting. No phase of the
project shall be constructed until such time that said approvals are obtained. Said approvals shall require
254 11/16/00
all customary reviews required for a major use special permit,'including Planning Advisory Board, Large
Scale Development Committee and Urban Development Review Board. That ensures that when they
redesign it, they're going to go right back through the process --
Vice Chairman Gort: They have to come back through the whole process.
Ms. Slazyk: -- and it'll get all the reviews, and we won't find ourselves with something that can't be done.
Commissioner Winton: So moved.
Commissioner Sanchez: Second.
Vice Chairman Gort: Second. Discussion. Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you all. Have a good evening.
Ms. Pardo: Thank you.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-1036
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING WITH CONDITIONS A MAJOR USE
SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF
ZONING ORDINANCE NO. 11000, FOR THE PARK PLACE AT
BRICKELL PROJECT, A PHASED PROJECT TO BE LOCATED AT
APPROXIMATELY THE NORTHWEST CORNER OF THE
INTERSECTION OF BRICKELL AVENUE AND SOUTHEAST 15Tx
ROAD, MIAMI, FLORIDA, TO BE COMPRISED OF NOT MORE
THAN 840 RESIDENTIAL UNITS, ACCESSORY RECREATIONAL
SPACE, 22,823 SQUARE FEET OF RETAIL AND OTHER
NONRESIDENTIAL USE AND 1,224 PARKING SPACES;
DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION;
MAKING FINDINGS OF FACT AND STATING, CONCLUSIONS OF
LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
255 11 / 16/00
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
256 11 / 16/00
Vice Chairman Gort: Item 15. PZ-15.
Mr. Tucker Gibbs: Excuse me. We'd asked if you all -- and despite Commissioner Teele's comments,
we'd asked for a motion from the board directing staff to cooperate with the neighborhood and staff in
getting those. And --
Commissioner Teele: I would so move.
Mr. Gibbs: Thank you very much, Commissioner Teele.
Commissioner Winton: Second.
Commissioner Teele: I mean, I really would. I would so move. And not only would I so move that staff
be directed, I would also move that we work as a priority in supporting infrastructure needs in this area.
Mr. Gibbs: Thank you. And we will work with you. And if we can start this as quickly as possible?
Commissioner Teele: Well, that's subject to Commissioner Winton doing the --
Commissioner Winton: No, no. I'm -- I second your motion.
Mr. Gibbs: I thank you, Commissioner Teele and Commissioner Winton.
Commissioner Teele: You want to carry that motion, Commissioner -- Mr. Chairman?
Vice Chairman Gort: Yes. Motion, second. Discussion. Being none, all in favor, state it by saying
{G ff
aye.
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
257 11/16/00
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-1037
A MOTION DIRECTING THE CITY MANAGER TO SUPPORT THE
EFFORTS OF THE DEVELOPER OF PARK PLACE AND THE
ROADS NEIGHBORHOOD RESIDENTS IN CONNECTION WITH
THE DEVELOPER'S PETITIONING OF MIAMI-DADE COUNTY TO
PROVIDE NEEDED INFRASTRUCTURE IMPROVEMENTS TO THE
ROADS AREA (MEDIAN ON SOUTH MIAMI AVENUE BETWEEN
15TH AND 13TH ROADS AND "NO LEFT TURN" CURBS AT THE
INTERSECTIONS OF SOUTHBOUND MIAMI AVENUE AND 15TH
ROAD AND SOUTHBOUND S.W. 1ST AVENUE AND 15TH ROADS).
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
258 11/16/00
Vice Chairman Gort: PZ-15 has been deferred. OK. We'll close the PZ agenda and we go back to
regular agenda. Regular agenda. Excuse me. Let's get back to the regular agenda. Item 7.
(GAVEL KNOCKING)
Vice Chairman Gort: I've been wanting to do that for a long time. Please, quietly. Item 7.
Commissioner Sanchez: Item 7, Commissioner Teele.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Where is the e-mail, the famous e-mail?
Vice Chairman Gort: You mean on item 7? You want to take five?
Commissioner Teele: Item 7.
Vice Chairman Gort: You guys want to take five?
Commissioner Winton: Yeah.
Vice Chairman Gort: Take five.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 8:37 P.M. AND
RECONVENED AT 8:43 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT, AT WHICH TIME, THE CITY COMMISSION CLOSED CONSIDERATION
OF THE PLANNING AND ZONING PORTION OF THE AGENDA TO CONSIDER ITEMS
FROM THE REGULAR PORTION OF THE AGENDA.
Vice Chairman Gort: Seven.
Frank Rollason (Assistant City Manager): Item 7. Frank Rollason, Assistant City Manager. And
hopefully, the documents that I have provided -- there's no laughing for item number 7. We'll clear up
where we talked about the issue of what the expenditures were going to be. What I gave to you is really
an internal document that shows how the money is being allocated. And although it may sort of look like
a "Palm Beach ballot," it'll just take me a second to run through it to try to -- to try to help you understand
how we came to the numbers that are here. On the front page, at the beginning, you'll see there's a five
hundred and sixty-three thousand, three twenty-two. That is CD (Community Development) money that
has already been allocated to us through the budget process for this year. The next item is sixty-seven
259 11/16/00
thousand dollars ($67,000), and that is an amount of money that's left from the one point five million that
we had from the previous budget year that the CD is going to roll forward for us to throw into the pot on
the capital projects for this year. And then you see the seven hundred and fifty thousand dollars
($750,000) is what we're saying we anticipate getting this afternoon. That gives us a total of one point
three eight. And then what you see in parentheses are the debits coming out of that money, the actual
projects of where that money is going to go. The Overtown Shopping Center Roof, the Allapattah Elderly
Center Roof Project, the Manuel Artime Refurbishment Project, the ongoing Parks projects. And when
you look at that, that's a total of a hundred and eleven thousand, four forty-eight. And if you turn the
page, you'll see that same figure for the Parks projects of a hundred and eleven thousand, four forty-eight,
and the breakout for those. You need one of those, Commissioner?
Commissioner Winton: Apparently.
Mr. Rollason: Here, there's one right here. There's a breakout of that that shows you exactly by dollar
amount where those projects are. And again, these projects are projects that are in progress. These are not
new. These are ones that the bills are coming in every day that we're having to pay. And then when we
go on to the Tower Theater, another hundred and fifty thousand is going to be needed to close that out,
and there are some issues there that have to be finished with some structural beams, and some lighting and
some other issues that have to be done. And that's our best guess estimate to finish that out. And that
gives us a balance of four twenty-seven, eight seventy-four. We're putting those on the Public Works
projects, which, again, are on the second page, which you'll see at the bottom, which total eight hundred
and seventy thousand, five ninety-eight. So we've got a shortfall of around four fifty, which we are
funding through at this point with the budget surplus to fund those projects to the end. So with that all
together, that's where the money is going, of which a part of that is the seven hundred and fifty. The way
we do it is when the bills come in, we process them as they come, as the projects are done, and debit them
down until we run it down to zero.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: It's very clear to me.
Mr. Rollason: That's a little scary, isn't it?
Commissioner Teele: Again, I -- this is definitely a butterfly. It is -- it really does show the amount of
work that's going on. And I do think that we need to work with the CD, and the lawyers, and still publish
what we're doing here, just after the fact, because I think it's important that the public know. And you
glossed over this, and I'm just going to go through it very quickly. On the Parks, for example, the one
eleven, thirty thousand is going to African Square Playground; thirty-eight thousand to the Athalie Range
Playground; six thousand, six twenty-one to Durante Park, site furnishings; fifteen thousand to Moore
Park Daycare; four thousand, five hundred to Moore Park Tennis; one thousand, five hundred to the
Moore Park Recreational roof; twelve thousand to the Hadley Park Palms and Boulders; two thousand,
nine hundred and sixty to the Cuban Memorial Flag Pole, for a total of a hundred and eleven thousand.
And again, I think that builds confidence when the public knows where the money is going and the
government is really working for them. But just as importantly, it gives the Community Development
260 11/16/00
0 0
Office and ultimately, the Finance and Budget Office a clear line as to what it is we've approved. And so
I commend you, Mr. Rollason and the Department, but I would still stand by my original statement in
supporting this that we ought to figure out how to publish this in a form that the public can see exactly
how --
Mr. Rollason: We agree with that.
Commissioner Teele: Yeah.
Vice Chairman Gort: See, this same document, you could put it in the paper and that would be just as
good. Do I have a motion?
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved.
Commissioner Winton: Second.
Vice Chairman Gort: Second. Discussion. Mr. Cruz.
Mariano Cruz: Mariano Cruz, 1227 Northwest 261h Street. The only thing I want to know now I see here
in the paper, it's all right. Especially, I'm seeing the use of some of the money, that they already got the
lights in place at Duarte Park, the one that the people, there were problems. They were playing soccer
there. Now you got lights on that site, and people are staying on that site instead of being at the other side
of the playground. This is fine with me. It should have been there before.
Vice Chairman Gort: We also -- I want you to know, we also talked to the Parks Department about the
fence where the --just behind the first base where there's people sitting now, to go up six feet.
Mr. Cruz: Oh, to higher, right. It needs higher, the fence there.
Vice Chairman Gort: Yes, sir. OK.
Commissioner Winton: Wait, wait, wait. Did I hear this correctly? What did you just say again? You
said that this is OK?
Commissioner Regalado: He said it's OK. It's OK.
Commissioner Sanchez: It's OK. He's happy.
Commissioner Teele: Something's wrong.
Commissioner Winton:,, Wait, wait, wait. Something's wrong. This has to be bad. This has to be bad.
Mr. Cruz: Well, no. If I see it right here, I got to say it's all right.
261 11 / 16/00
Commissioner Winton: I've been listening to you for a year here. I've watched you on television for
years before. I have never heard you say, "This is OK."
Mr. Cruz: Okie dokie.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-1038
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE REPROGRAMMING AND TRANSFER OF
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN
THE AMOUNT OF $750,000 PREVIOUSLY ALLOCATED TO THE
FLAGLER MARKETPLACE PROJECT TO SUPPORT CAPITAL
IMPROVEMENT PROJECTS AND IDENTIFIED AND PRIORITIZED
BY THE CITY MANAGER, SUBJECT TO CERTAIN CONDITIONS.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
262 11/16/00
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I have a Mayor from -- a memo from the Clerk's Office, apparently signed by the
Mayor. It appears to be signed by the Mayor. And it says: "Please be advised that I have made the
following appointment: Reverend Lloyd to the Overtown Advisory Board. " And I would so move.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Any discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-1039
A MOTION APPOINTING REVEREND G. LEROY LLOYD, III AS A
MEMBER OF THE OVERTOWN ADVISORY BOARD.
Note for the Record: Commissioner Teele made the nomination on behalf
of Mayor Carollo. Pursuant to City Code Sec. 2-1052(d)(1) the Mayor of
the City shall appoint one member, which does not require an action of the
City Commission.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
263 11/16/00
Vice Chairman Gort: We have the Commissioners' agenda. I don't have anything in mine.
Commissioner Winton: I have a number.
Commissioner Sanchez: Mr. Chairman, I have one, and it's really an emergency ordinance, which
requires a four -fifth.
Vice Chairman Gort: Excuse me. We have Commissioner 2 first.
Commissioner Sanchez: Huh?
Vice Chairman Gort: One, 2.
Commissioner Sanchez: Oh, nobody -- no, I looked. Nobody's got one. And basically, it's amending
Chapters 2 and 53 of the Code of the City of Miami as amended to: One, delete all references to the
"Bobby Maduro Stadium"; and two, create and establish the Orange Bowl Advisory Board, setting it with
one year sunset clause. The reason is that the Orange Bowl Steering Committee expires, or it already
expired. And we're making so much process -- I mean progress with the naming right and the web site
that we've put forth that we just would like to continue it for one more year, which will sunset.
Commissioner Winton: I'll move that.
Commissioner Teele: Second the motion. Oh, who's -- oh. Did he move it?
Commissioner Winton: I -- you want me to move it?
Commissioner Sanchez: Moved by --
Commissioner Teele: Moved by Commissioner Sanchez. Seconded by Commissioner Gort. This is an
emergency ordinance you said?
Commissioner Sanchez: Yes, sir. It requires a four -fifths vote.
Commissioner Teele: Would you read the title, please.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
264 11 / 16/00
An Ordinance entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTERS 2 AND 53 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO (1)
DELETE ALL REFERENCES TO THE BOBBY MADURO STADIUM;
AND (2) CREATE AND ESTABLISH THE ORANGE BOWL
ADVISORY BOARD (`BOARD"); SETTING FORTH THE BOARD'S
PURPOSE, POWERS, AND DUTIES; AND TO PROVIDE FOR
"SUNSET" REVIEW, MEMBERSHIP, TERMS OF OFFICE,
VACANCIES, OFFICERS, RULES OF PROCEDURE, MEETINGS,
VOTING AND QUORUM, ATTENDANCE REQUIREMENTS,
ASSIGNMENT OF PERSONNEL AND COUNSEL; SUNSETTING
THE ORANGE BOWL STEERING COMMITTEE AND RESCINDING
RESOLUTION NO. 99-802 IN ITS ENTIRETY; AND MORE
PARTICULARLY BY DELETING ALL REFERENCES TO THE
BOBBY MADURO STADIUM CONTAINED IN SECTIONS 2-358, 53-
1, 53-26, 53-86 AND 53-121, AMENDING SECTION 2-892 AND
CREATING NEW DIVISION 4 IN CHAPTER 53 CONTAINING
SECTIONS 53-121 THROUGH 53-128 TO SAID CODE; AND
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
265 11/16/00
Whereupon, the Commission, on motion of Commissioner Sanchez, and seconded by Vice Chairman
Gort, adopted said ordinance by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11998.
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.
Commissioner Teele: Mr. Chairman, with your permission. Mr. Clerk, would you get a list real 'fast of
the members of the existing board that was just put out of business, so that you can pass it out and we can
make those reappointments to this new board right now, before we leave. That gives you your board
tonight, so you -- because you eliminated the other one. You've got to appoint the members to this one.
Commissioner Sanchez: OK. Do we have -- we could provide you a copy. I guess that everybody just
reappoints whoever they had.
Commissioner Teele: Yeah. That's what I'm saying.
Commissioner Sanchez: Yeah.
Commissioner Teele: And that way, we can just get it done tonight.
Commissioner Sanchez: OK. Johnny, you want to start? Who did you appoint?
Commissioner Teele: Well, he doesn't know. He's going to get us a list real fast.
Walter Foeman (City Clerk): Yes, we're going to go get a copy of the board appointments.
266 11 / 16/00
0
•
Commissioner Teele: Mr. Chairman, I have two items that are not pocket items. They were passed out,
and actually, they should have been placed on a supplemental agenda. But in any event, this is a
resolution of the City of Miami directing the City Manager to plan and develop a pilot project in the
Model City Scattered Site Affordable Homeownership Development Program area to create a community
neighborhood park with substantial parking infrastructure, to be maintained by the community, at no cost
to the City, between Northwest 57th and 591h Streets, along the Northwest 17th Avenue Corridor, and
further directing that the City Manager present the status report to the City Commission within 60 days as
to the progress of such a plan. And this has been staffed with the Manager's staff, and with Mr.
Olsterholdt (phonetic), the new consultant for this area. And there is support with all departments. I
would so move.
Commissioner Winton: Second.
Vice Chairman Gort: Is there any --
Commissioner Sanchez: City Administration supports it?
Carlos Gimenez (City Manager): Yes, sir, we do.
Commissioner Sanchez: OK.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
267 11 /16/00
0
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-1040
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO PLAN AND DEVELOP A PILOT PROJECT
IN THE MODEL CITY SCATTERED SITE AFFORDABLE
HOMEOWNERSHIP DEVELOPMENT PROGRAM AREA TO CREATE
A COMMUNITY NEIGHBORHOOD PARK, WITH SUBSTANTIAL
PARKING INFRASTRUCTURE, TO BE MAINTAINED BY THE
COMMUNITY, AT NO COST TO THE CITY OF MIAMI, BETWEEN
NORTHWEST 57TH AND 59TH STREETS, ALONG THE NORTHWEST
17TH AVENUE CORRIDOR, MIAMI, FLORIDA; FURTHER
DIRECTING THE CITY MANAGER TO PRESENT A STATUS REPORT
TO THE CITY COMMISSION WITHIN SIXTY (60) DAYS AS TO THE
PROGRESS OF SUCH PLAN AND DEVELOPMENT.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
268 11/16/00
•
Commissioner Teele: And the second and last one is a resolution of the City Commission directing the
Manager to study the feasibility, and if appropriate, to identify and -- to identify funds in an amount not to
exceed ninety-five thousand dollars ($95,000) for the land acquisition in connection with the Centennial
Towers Housing Development, to be developed by Jubilee Community Development Corporation in
partnership with the Urban League at Northwest 13th Street and 81h Court, Miami, Florida, in Overtown,
and to provide subsidized housing for the very low income elderly, and to report the findings to the
Commission at the December 141h meeting, along with publication of any notice, as required by law if
there is a recommendation. I would so move.
Commissioner Sanchez: Let me get that -- let me just get the --
Commissioner Regalado: Second.
Vice Chairman Gort: Is there a second?
Commissioner Sanchez: Second for --
Vice Chairman Gort: Any discussion?
Commissioner Sanchez: Discussion. It'll be back on the 141h, and you're directing the City Manager to
find the funding?
Commissioner Teele: I'm directing him to first study the feasibility, and if he supports it, to provide the
funding. This is the Jubilee Project that we had discussion on 3rd Avenue and 141h
Vice Chairman Gort: Right.
Commissioner Teele: I think Commissioner Winton had some questions about the design. This is a 202
Federal housing. And to be very candid, if Jubilee does not find an appropriate site before December 301h,
we're going to lose the two and a half million dollars -- six million dollars ($6,000,000).
Vice Chairman Gort: Six million dollars ($6,000,000).
Commissioner Sanchez: That's even worse.
Commissioner Teele: So this is ninety --
Commissioner Winton: I'm clear now.
269 11/16/00
Commissioner Teele: And what they've done is they found the land, they've got it under option, but they
don't have the ninety-five thousand dollars ($95,000). If they can get the ninety-five thousand, they can
build the six million dollars ($6,000,000). And we're not directing it. We're asking the Manager to look
at the feasibility and to come up with the money, if he supports the project.
Commissioner Sanchez: Call the question.
Vice Chairman Gort: That will be a pretty good leverage.
Commissioner Winton: Yeah.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Teele: Thank you, Mr. Chairman.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-1041
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO STUDY THE FEASIBILITY, AND IF
APPROPRIATE, IDENTIFY FUNDS IN AN AMOUNT NOT TO
EXCEED $95,000 FOR LAND ACQUISITION IN CONNECTION
WITH THE CENTENNIAL TOWER HOUSING DEVELOPMENT TO
BE DEVELOPED BY JUBILEE COMMUNITY DEVELOPMENT
CORPORATION, IN PARTNERSHIP WITH THE URBAN LEAGUE,
IN THE OVERTOWN COMMUNITY AT NORTHWEST 13TH STREET
AND 8TH COURT, MIAMI, FLORIDA, TO PROVIDE SUBSIDIZED
HOUSING FOR THE VERY LOW INCOME ELDERLY AND TO
REPORT HIS FINDINGS TO THE CITY COMMISSION AT THE
DECEMBER 14, 2000 CITY COMMISSION MEETING.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
270 11/16/00
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
271 11/16/00
0 1 0
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Yes, Mr. Chairman, I do have one item. It's about the Community Relations
Board, and it's an item to amend Ordinance Number 11742, to include a sunset provision as it pertains to
the Steering Committee of the Community Relations Board. The reason for this is that this Commission
funded some -- for personnel for the Community Relations Board. So they decided that there is no need
for the Steering Committee. So, Mr. Attorney, we -- I think you have also the amended ordinance?
Alejandro Vilarello (City Attorney): Yeah. The amendment, amended ordinance is in the package.
Commissioner Regalado: OK. So I'll move, I'll move the ordinance.
Commissioner Sanchez: And the ordinance -- I'm sorry, I'm sorry, I didn't quite understand.
Commissioner Regalado: It's to -- it's to sort of abolish -- The Community Relations Board didn't have a
staff. But now, they've got funds, so they don't need the Steering Committee, which was formed by
several people from our office. So now, they have a staff that they can work for them, so they don't need
the Steering Committee.
Mr. Vilarello: The Community Relations Board continues to exist in its present capacity. It's simply
getting rid of and sunsetting the Steering Committee --
Commissioner Sanchez: Oh, OK.
Mr. Vilarello: -- which was the support staff for the board. So the board still stays intact. It simply is
getting rid of the Steering Committee.
Vice Chairman Gort: Is that an ordinance?
Mr. Vilarello: Yes, it is.
Vice Chairman Gort: Read it.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
Walter Foeman (City Clerk): I need a seconder, Mr. Chairman.
272 11/16/00
Commissioner Winton: Second.
Commissioner Sanchez: Second.
An Ordinance entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 2, ARTICLE XI, DIVISION 10
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ADMINISTRATION, BOARDS, COMMITTEES,
COMMISSIONS, THE COMMUNITY RELATIONS BOARD," TO
PROVIDE THAT THE STEERING COMMITTEE OF THE
COMMUNITY RELATIONS BOARD SHALL BE DISCONTINUED
EFFECTIVE NOVEMBER 30, 2000; MORE PARTICULARLY BY
AMENDING SECTION 2-1152(a)(3) OF SAID CODE; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Regalado, and seconded by Commissioner Winton, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Whereupon, the Commission, on motion of Commissioner Regalado, and seconded by Commissioner
Winton, adopted said ordinance 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
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THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11999.
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.
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Vice Chairman Gort: Is that it?
Commissioner Sanchez: Mr. Vice Chairman, the Orange Bowl Steering Committee. There are 14
members. I would like to re -appoint Mr. Paul Dee, which is one of my appointments, and Lewis B.
Freeman being the other appointee.
Commissioner Winton: And I would like --
Commissioner Sanchez: No, I'm sorry, I'm sorry. Paul Dee is at -large. I appointed Lewis B. Freeman
and Arthur Hertz.
Commissioner Winton: Then nominate the at -large at the same time right now.
Commissioner Sanchez: OK. Both? Can we do both at the time?
Commissioner Winton: Yeah. Let's do them all.
Vice Chairman Gort: I'm re -appointing mine.
Commissioner Sanchez: OK.
Vice Chairman Gort: I re -appoint my members.
Commissioner Sanchez: Yours is Steve Marin and Adolfo Henriquez.
Commissioner Winton: And I reappoint mine, Al Dotson and Butch Davis.
Commissioner Sanchez: OK. Commissioner Teele.
Commissioner Teele: And I will appoint Sam Burstyn. Sam Burstyn and Larry Pierre.
Commissioner Sanchez: Larry Pierre?
Commissioner Regalado: I will reappoint Rodolfo Camps and Maritza Gutierrez.
Commissioner Winton: And Commissioner Sanchez, you want to put the at -large on here?
Commissioner Sanchez: The at -large, I would so move that it be Paul Dee, the Athletic Director at the
University of Miami.
Commissioner Winton: Second.
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Vice Chairman Gort: Right. OK. There's a motion and a second to accept the nominations. Any further
discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution and motion were introduced by Commissioner Sanchez, who moved for their
adoption:
RESOLUTION NO. 00-1042
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL
ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
MOTION NO. 00-1042.1
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS. AS
MEMBERS OF THE ORANGE BOWL ADVISORY BOARD:
ARTHUR HERTZ (nominated by Vice Chairman Gort)
STEVE MARIN (nominated by Vice Chairman Gort)
LEWIS FREEMAN (nominated by Commissioner Sanchez)
ADOLFO HENRIQUEZ (nominated by Commissioner Sanchez)
AL DOTSON (nominated by Commissioner Winton)
BUTCH DAVIS (nominated by Commissioner Winton)
SAM BURSTYN (nominated by Commissioner Teele)
LARRY PIERRE (nominated by Commissioner Teele)
RODOLFO CAMPS (nominated by Commissioner Regalado)
MARITZA GUTIERREZ (nominated by Commissioner Regalado)
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Upon being seconded by Commissioner Winton, the resolution and motion were 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
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I would also, on behalf of the Mayor, assuming he doesn't get offended, move the
Mayor's current appointment, Mr. Douglas Greist.
Vice Chairman Gort: OK. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: OK. All in favor of accepting the nomination by the Mayor, state it by saying
GG ))
aye.
The Commission (Collectively): Aye.
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The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-1043
A MOTION APPOINTING DOUGLAS GREIST AS A MEMBER OF
THE ORANGE BOWL ADVISORY BOARD.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
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•
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: Are you sure?
Vice Chairman Gort: Let's get out of here. Yes.
Commissioner Winton: OK, very quickly. There is a resolution -- couple of resolutions. One is on the
Bicentennial Park Planning Committee, to which you all appointed me Chairman. If you remember, we
had -- I think we had four months or six months. I forget what the deadline was, but it was roughly
December 31" to get the planning done. This committee has been meeting routinely. I mean, a lot of
work has gone into this. It's crystal clear we can't be done by that point in time. In addition, not only did
we have the resolution to do the master plan for Bicentennial Park, but the Mayor had an issue which was
directing the City Manager to bring a plan back to him by that same deadline for doing the feasibility
study to fill in the slip, both 100 percent, 75 percent and 25 percent. And we all agreed at that time that it
made sense to do both of these things in tandem. And so therefore, I am requesting a resolution that
extends the deadline for both of those processes to March 31, 2001, which is a 90-day extension. It's a lot
of work.
Commissioner Teele: Second the motion.
Vice Chairman Gort: There's a motion and second. Any further discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
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0 •
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-1044
A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING
TO MARCH 31, 2001 THE DATE FOR WHICH THE REPORT BY
THE BICENTENNIAL PARK/FEC SLIP WATERFRONT RENEWAL
PROCESS, AS DIRECTED BY RESOLUTION NO. 00-314, AND AS
AMENDED BY RESOLUTION NO. 00-550, MUST BE PRESENTED
TO THE CITY COMMISSION; FURTHER EXTENDING TO MARCH
31, 20015 THE DATE FOR WHICH THE REPORT BY THE CITY
MANAGER FOR THE FLORIDA EAST COAST RAILWAY (FEC)
CORRIDOR REVITALIZATION PROJECT, AS DIRECTED BY
RESOLUTION NO. 00-705, MUST BE PRESENTED TO THE CITY
COMMISSION.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
280 11/16/00
0 0
Commissioner Winton: Another resolution. .It's the addresses panhandling ordinance. And as we all
know, aggressive panhandling presents a threat to health, safety, welfare of the inhabitants and visitors of
the City. This ordinance does not prohibit panhandling, but it does prohibit obstructing vehicular traffic,
or obstructing a pedestrian from walking down the street. It prohibits following a person, soliciting or
persisting after a person has refused. It prohibits using violent or profane language against the person
being solicited. And there is a provision that allows police personnel to take violators to treatment
programs if they consent, rather than arresting the violator. So --
Commissioner Sanchez: Second.
Commissioner Winton: Thank you.
Commissioner Sanchez: For the point of discussion.
Vice Chairman Gort: It's been seconded. Discussion.
Commissioner Sanchez: Now, once again, it's a law that -- it's for the improvement of quality of life, and
it falls once again, Chief, in your hands to assure that these individuals -- and you see them all over the
City of Miami. You see them in the exit ramp to 8th Street on I-95. You see them in Douglas and Bird
Road in U.S. 1. I mean, they have their spots where these people aggressively walk up to cars, and if you
don't give them any money, they get offended, and they throw things at you. I mean, these are the things,
when visitors come to our City and see this; this is what gives us a bad impression. That's why I'm really
looking forward to that trip to New York, because we're going to bring back and implement some more
laws that, of course, they'll only work if law enforcement is behind them. And maybe we might have to
create some special detail to crack down on these things, because they are getting out of hand. And I
commend you for bringing that up. These are the quality of life issues that we need focus on in the City.
Raul Martinez (Chief of Police): And Commissioner, let me say I met with Commissioner Winton, and I
fully agree with this ordinance to be brought forward. Don't forget, before this is brought, we have no
power to do anything about panhandling. Zero. Once this passes, 30 days from now, whatever the second
reading in 30 days, whatever that time line is, we'll be able to do it, but only aggressively. You know, if
they're just standing there, asking for money, you know. But I do a -- beginning in January, our big
campaign, there's going to be little crime such as this one.
Commissioner Sanchez: So what's "aggressive"? Is that (inaudible)?
Chief Martinez: Well, if you aggressively beg, intimidate, obstruct a pedestrian, you swear at them, grab
them by the shirt, block their traffic so that, you know, they have to get around you. There's different
things that are delineated or in the ordinance what the officer must observe. Just asking for money is not
enough.
281 11 / 16/00
•
Vice Chairman Gort: Look, it's all enforcement. I've seen selective enforcement sometimes being done
when trying to help a friend or something like that. I think we have some very good police officers. We
have to give them some additional training in other things to look at. I mean there's --
Chief Martinez: Correct.
Commissioner Winton: Call the question. I got two more issues.
Alejandro Vilarello (City Attorney): There's a motion and a second. It's an ordinance.
Vice Chairman Gort: Move it.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Walter Foeman (City Clerk): Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE CITY OF MIAMI CITY COMMISSION
AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "OFFENSES -
MISCELLANEOUS" TO ADD A NEW SECTION TO MAKE IT,
UNLAWFUL FOR A PERSON TO AGGRESIVELY PANHANDLE;
MORE PARTICULARLY BY ADDING NEW SECTION 37-6 TO SAID
CODE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
I
was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
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0 0
Vice Chairman Gort: "Oye," how many are you going to have?
Commissioner Winton: I want to reappoint Anita McGruder to the Commission on Status of Women. I
got a call that it's important, they can't get a quorum. So I can help them get a quorum. So move to --
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and seconded. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-1045
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE
STATUS OF WOMEN 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
283 11 / 16/00
Commissioner Winton: And the last, last item. Last item. This is Walter's item, and it's a -- and frankly,
I think it's kind of a serious item. Walter has been working hard to figure out how to get other revenue
sources for our City. And he's been providing passport processing for residents out there who need to get
passports. He was in front, on City property, mind you, on City property, City sidewalks at the Knight
Center during an INS (Immigration and Naturalization Services) ceremony. He was passing out flyers to
get people to sign up for passports. And that works on City property, City property, our sidewalks. The
INS people got mad at him --
Commissioner Teele: Did you get arrested?
Commissioner Winton: Well they're --
Walter Foeman (City Clerk): No. Almost.
Commissioner Winton: Yeah. They're really -- and the Chief needs to be around here. There are two
points to this. One, I think it was totally inappropriate for a federal agency, the INS -- We're allowed by
federal law to provide this service. Yet, the agency, itself, is saying, "Get out of here, we don't want you."
So we've got to deal with that issue. Secondly --
Commissioner Sanchez: Call the police the next time.
Commissioner Winton: Well, the police threatened -- City police threatened to arrest him if he didn't get
off the City sidewalks and stop distributing those flyers. So.
Commissioner Regalado: Then you get arrested. You didn't?
Commissioner Winton: That's not too cool.
Vice Chairman Gort: Did you get arrested?
Commissioner Winton: No. He quit distributing the flyers.
Mr. Foeman: No. I came pretty close.
Vice Chairman Gort: Next time, get arrested. We'll get you out.
Commissioner Winton: So we need to take whatever steps might be appropriate -- and Commissioner
Teele, you're the brain trust on all this kind of stuff --
Vice Chairman Gort: In the federal cases.
284 11/16/00
Commissioner Winton: -- to get to the feds to get this kind of mess straightened out, since on agency says
we've got the authority to do it, and another one doesn't want us to.
Commissioner Teele: Well, I mean, the City Attorney, I guess, would be the appropriate person. But I
think one thing is very clear. If they were passing out Ku Klux Klan literature, they have a right to do
that, as offensive as that may be. And I think one of the things that we in Miami have to be very, very
sensitive to is protecting people's right to free speech in the public right-of-way. And I'm really surprised.
Did you really have a problem with the City of Miami Police?
Mr. Foeman: Well, I had a problem directly with the director over the INS ceremony.
Commissioner Teele: No, no. Did you have a problem with the City of Miami Police?
Mr. Foeman: She called the police, and the police --
Commissioner Teele: She did?
Commissioner Winton: Are you an attorney now?
Mr. Foeman: The police asked me to move.
Commissioner Teele: The police asked you to move?
Mr. Foeman: Yes.
Commissioner Teele: And I think that's a problem with the Law Department and the Police Management
that they need to really go back and have some training on the Constitution, and First Amendment, and all
those kinds of things. That's number one. Number two; what's at stake here is this -- what day did this
happen? On a weekend?
Mr. Foeman: It was on a Saturday.
Commissioner Teele: On a Saturday.
Mr. Foeman: Yeah.
Commissioner Teele: Now, here you have a City employee working on a Saturday. Do you get overtime?
Mr. Foeman: No, but you pay me well.
Commissioner Teele: But, you know, trying to do what's right. And this is what this is about. There are
a lot of people out there in the private sector and others who process passports. And, you know, they have
different relationships with the INS. And what you were doing was poaching on business. This is when
people are being sworn in as citizens.
285 11/16/00
Mr. Foeman: Yeah.
Commissioner Teele: And this is a very fertile ground. And I just think we need to pass an appropriate
resolution, and instruct that it be sent to the INS Office, indicating that it is a policy of the City that the
City of Miami's INS Office will be given first rights within the law, within -- among others who may have
first rights -- to process, and under no circumstances are they to be interfered. with.
Vice Chairman Gort: No, I don't know why they did that, because private clubs and parties, people sit
right outside to register people to vote. And this is a service being provided, too.
Commissioner Teele: That's free. See, you're paying a fee to this, and we get a fee back. And everybody
who processes people get fees back.
Mr. Foeman: Yeah.
Commissioner Teele: So this is a -- this -- How much money did we make for the -- did you make for the
City last year doing passport processing, net?
Mr. Foeman: It was about sixty thousand dollars ($60,000), roughly. But the previous year, we did about
eighty-eight thousand. The biggest problem is most of the naturalization ceremonies are over on Miami
Beach. And the next one, which is in December, will be on Miami Beach. We pay a fee for an exhibit
space to go over there and do business. So we're going to encounter the same issue on the 141n
Commissioner Teele: Well, maybe we ought to ask the Police Department to detail somebody to our INS
Office on days that you're doing that. That may be the best thing to do so you-- you have a -- rather than
being arrested, you have protection.
Vice Chairman Gort: I mean, we do have a relationship with the --
Mr. Foeman: This was more the exception, because we only -- I think we only had one ceremony in the
City of Miami. But most of them are over on Miami Beach.
Raul Martinez (Chief of Police): No, I don't know. No, I don't. With INS, no, I don't. No. And
Commissioner, let me tell you, there's no excuse if he was doing this in public right-of-way that this
happens. It's the first time I hear from him. Mr. Foeman never called me when this happened. If he's
doing it in private property, it's different. People in private property have a right to tell whomever is
doing whatever on their own property. But, I mean, I'll talk to Mr. Foeman afterwards and find out when
this happened, who did it, and make sure it doesn't happen.
Vice Chairman Gort: I think training is very important. Let me tell you about a relationship I had one
time before even becoming a Commissioner. We were having a meeting at the Off -Street Parking and
somebody got a little wild. Our attorney called the police officer, and the attorney and I almost got
arrested.
286 11/16/00
Commissioner Regalado: Well, OK. I got just a simple question, now that we have the Chief of Police.
Chief Martinez, does the Mayor still have two sergeants at arms, or one sergeant at arms?
Commissioner Winton: Come on, let's go home.
Raul Martinez (Chief of Police): The Mayor right now has one person assigned to him and conducting
those duties.
Commissioner Regalado: So what happened to the other one?
Chief Martinez: The other officer came back to his formal duties in the Police Department.
Commissioner Regalado: At the same salary or with a different salary?
Chief Martinez: No, sir. The second he stopped being the unclassified position, he rolled back to his
normal rank of a police officer at the normal pay of a police officer.
Commissioner Regalado: OK.
Commissioner Teele: I hope he's on motorcycles for Tomas.
Vice Chairman Gort: Thank you.
287 11/16/00
Alejandro Vilarello (City Attorney): Mr. Chairman, Mr. Chairman, before you adjourn, just very briefly.
On October 26t'', you authorized me to file suit against the State of Florida Department of Agriculture. `3.
They in fact -- we did file suit. The Department of Agriculture agreed to provide us exactly what the
Commission asked for, and I recommended a settlement. However --
Commissioner Regalado: Yeah, but however, there is -- there may be a decision tomorrow in Broward -- I
mean, not about the elections, but about the canker thing. And if we can just wait, because we could
piggyback on that Broward decision.
Mr. Vilarello: And, in fact, that's what I was going to recommend, is that we should wait until that
decision comes in. If it does --
Vice Chairman Gort: Thank you. We accept your recommendation.
Mr. Vilarello: -- in fact, declare the statute unconstitutional, it will stop the eradication process
completely. And I can report back to you on it December 13tn
Vice Chairman Gort: Thank you, sir.
Mr. Vilarello: Fourteenth.
Vice Chairman Gort: Do I have a motion to adjourn?
Commissioner Teele: So move.
Vice Chairman Gort: Thank you. You all have a good evening.
288 11 / 16/00
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-1046
A MOTION ADJOURNING TODAY'S COMMISSION MEETING.
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
289 11/16/00
.®
There being no further business to come before the City Commission, the meeting was adjourned at 9:12
p.m.
ATTEST:
WALTER J. FOEMAN
City Clerk
SYLVIA LOWMAN
Assistant City Clerk
WIFREDO GORT
Vice Chairman
(SEAL)
290 11 / 16/00