HomeMy WebLinkAboutCC 1999-11-16 Minutes0 "r
CITY OF MIAMI
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COMMISSION
MINUTES
OF MEETING HELD ON NOVEMBER 16, 1999
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foemair/City Clerk
INDEX
MINUTES OF REGULAR COMMISSION MEETING
NOVEMBER 16,1999
ITEM NO. SUBJECT LEGISLATION
PRESENTATIONS AND PROCLAMATIONS. 11/16/99
DISCUSSION
1-2
(A) CONSENT AGENDA 11/16/99
(B) COMMENTS RE FEELINGS OF INSECURITY AMONG DISCUSSION
CITY EMPLOYEES RELATED TO CHANGE IN 24
GOVERNMENT.
2.1 ACCEPT BID OF HESCO SALES, INC., FOR EIGHT 11/16/99
ROLL -OFF TRASH CONTAINERS FOR THE R-99-842
DEPARTMENT OF SOLID WASTE, ($19,300); ALLOCATE 5
FUNDS FROM CAPITAL IMPROVEMENT PROJECT.
2.2 ACCEPT BID OF ELECTRICAL CONTRACTING 11/16/99
SERVICE, INC., FOR PROJECT "WEST END SPORTS R-99-843
LIGHTING PROJECT -SOFTBALL FIELD, B-6292," 5
($83,800), ALLOCATE FUNDS FROM THE SAFE
NEIGHBORHOOD PARK BONDS, AS APPROPRIATED
IN APPROPRIATIONS AND CAPITAL
IMPROVEMENTS ORDINANCE NO. 11705, ($83,800
THE CONTRACT COST AND $12,902.91 EXPENSES,
TOTAL ESTIMATED COST $96,702.91).
2.3 ACCEPT BID OF MBL PAVING, UTILIZING BID PRICES 11/16/99
IN INVITATION FOR BID NO. 97-98-183, FOR R-99-844
INSTALLATION OF ASPHALT WALKWAYS AT 6
KENNEDY AND MORNINGSIDE PARKS, ($25,000);
ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT
PROJECT.
2.4 ACCEPT BID OF INCLAN PAINTING CORP., UNDER 11/16/99
BID NO. 98-99-186, FOR INTERIOR AND EXTERIOR R-99-845
PAINTING OF TWO FACILITIES, FOR THE 6
DEPARTMENT OF SOLID WASTE, ($21,395); ALLOCATE
FUNDS FROM CAPITAL IMPROVEMENT PROJECT.
2.5
ACCEPT BID OF COMMERCIAL INTERIOR
11/16/99
CONTRACTOR CORP., UNDER BID NO. 98-99-185 FOR
R-99-846
PROCUREMENT AND INSTALLATION OF CERAMIC
6
TILE, FOR THE DEPARTMENT OF SOLID WASTE,
($30,176); ALLOCATE FUNDS FROM CAPITAL
IMPROVEMENT PROJECT.
2.6
ACCEPT BID OF CARPET BOUTIQUE, INC., UNDER
11/16/99
BID NO. 98-99-188 FOR PURCHASE AND
R-99-847
INSTALLATION OF CARPET FOR THE DEPARTMENT
7
OF SOLID WASTE ($9,300); ALLOCATE FUNDS FROM
CAPITAL IMPROVEMENT PROJECT.
2.7
AUTHORIZE PURCHASE OF LIME ROCK BOULDERS
11/16/99
FROM OVERLAND CARRIERS, INC., AWARDED
R-99-848
PURSUANT TO MIAMI-DADE COUNTY CONTRACT,
7
FOR VIRGINIA KEY BEACH RENOURISHMENT AND
STABILIZATION PROJECT, ($100,000); ALLOCATE
FUNDS FROM CAPITAL IMPROVEMENT PROJECT.
2.8
APPROVE PROCUREMENT OF AIR TIME ACCESS
11/16/99
AND PORT CHARGES FOR A VEHICLE LOCATION
R-99-849
SYSTEM FROM TELETRAC INC., UTILIZING
7
EXISTING STATE OF FLORIDA NEGOTIATED
AGREEMENT PRICE SCHEDULE (SNAPS), FOR
DEPARTMENT OF SOLID WASTE, ($32,000); ALLOCATE
FUNDS.
2.9 AUTHORIZE MANAGER TO ACCEPT GRANT FROM 11/16/99
FLORIDA INLAND NAVIGATION DISTRICT ("FIND") R-99-850
- $180,000 FOR KENNETH MYERS PARK "SEMINOLE,, 8
PUBLIC BOAT RAMP AND LAUNCHING FACILITY.
2.10 AUTHORIZE MANAGER TO ACCEPT GRANT FROM 11/16/99
FLORIDA INLAND NAVIGATION DISTRICT ("FIND") R-99-851
- $196,086 FOR MARGARET PACE PARK PUBLIC 8
WATERFRONT ENHANCEMENT PROJECT.
2.11 AUTHORIZE FUNDING OF PROJECT, HAVING 11/16/99
UNDERSTANDING GUIDANCE AND SUPPORT R-99-852
("HUGS"); ALLOCATE FUNDS ($35,000), FROM THE 8
LAW ENFORCEMENT TRUST FUND (LETF).
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3 TABLE CONSIDERATION OF REAPPOINTMENT OF 11/16/99
CLERK AND ATTORNEY. (see sections # 80, # 82) DISCUSSION
9
4 TABLE CONSIDERATION OF PROPOSED FIRST 11/16/99
READING ORDINANCE TO MODIFY WIDTH OF N.E. 12 DISCUSSION
STREET BETWEEN N.E. BISCAYNE BOULEVARD AND 9-12
N.E. 2 AVENUE. (see section # 77)
ALLOCATING $5,002,050 OF TWENTY-FIFTH (25TH) 11/16/99
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT M 99-853
(CDBG) FUNDS TO FUND MUNICIPAL R 99-854
SERVICES/COMMITMENTS IDENTIFIED ON PAGE 170 13-39
OF THE CONSOLIDATED PLAN; ALLOCATING $253,665
OF EMERGENCY SHELTER GRANT FUNDS TO THE CITY
OF MIAMI HOMELESS PROJECT; REPROGRAMMING
$1,162,351 OF PREVIOUSLY ALLOCATED CDBG FUNDS.
6 RATIFY, APPROVE, CONFIRM MANAGER'S FINDING 11/16/99
OF EMERGENCY; WAIVE REQUIREMENTS FOR R 99-855
COMPETITIVE SEALED BIDS, APPROVE 40-41
PROCUREMENT AND INSTALLATION OF AIR
CONDITIONING UNITS AND DUCT WORK FOR
DEPARTMENT OF FIRE -RESCUE AT FIRE STATION
NOS. TWO AND FOUR FROM COMFORT TECH AIR
CONDITIONING, ($67,590), AND FOR FIRE STATION
NO. 8 FROM AIR SYSTEM DISTRIBUTOR, INC.,
($7,676), AT FIRE STATION NO. 8, (TOTAL $75,266),
ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT
PROGRAM ("CIP") AS FUNDED BY 23RD YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS, AND FROM CIP PROJECT, "FIRE STATION &
BUILDING RENOVATIONS," AS FUNDED BY THE FIRE
ASSESSMENT.
7 PERSONAL APPEARANCE: CAMILLE MERILUS, 11/16/99
"OPERATION SAVE EYES," TO ADDRESS THE M 99-856
COMMISSION CONCERNING ITS EVENT ON SUNDAY, 42-47
DECEMBER 5, 1999.
MR. GUSTAVO NOGUERA TO ADDRESS THE 11/16/99
COMMISSION CONCERNING THE APPROVAL OF A SITE DISCUSSION
FOR THE PROJECT "MIAMI MILLENNIUM MILESTONE 48-50
SCULPTURE."
9 AUTHORIZE MANAGER TO RECEIVE INFORMATION
11/16/99
FROM NEIGHBORS AND NEIGHBORS ASSOCIATION
M 99-857
(NANA) IN CONNECTION WITH MATCHING FUNDS
50.58
FROM THE CITY RELATED TO MIAMI-DADE COUNTY'S
FINANCIAL ASSISTANCE FOR COMMERCIAL
REVITALIZATION PROGRAM -- MANAGER TO
EVALUATE RECOMMEND, GIVING PRIORITY TO THE
THREE CITY BUSINESSES RECOMMENDED FOR
FUNDING BY MIAMI-DADE COUNTY (GEORGE REAL
ESTATE APPROVED FOR $20,000, SHAKERS CONK
HOUSE APPROVED FOR $10,852, OMEGA FASHION
APPROVED FOR $25,000) -- ECONOMIC ANALYSIS OF
PROGRAM TO ENSURE IT IS ADEQUATE -- REQUEST
FROM MIAMI-DADE COUNTY AN EXTENSION OF 30
DAYS FOR CITY TO EVALUATE ITS PROPOSED
PARTICIPATION -- EVALUATE THE REMAINDER OF
APPLICATIONS SUBMITTED BY THIS ORGANIZATION.
10 DEEPEST SYMPATHY AND SINCEREST CONDOLENCES
11/16/99
TO THE FAMILY AND FRIENDS OF JOE LANG
R 99-858
KERSHAW, SR. (LEGISLATOR, TEACHER, ATHLETIC
58
COACH)
11 PRESENTATION BY CHRISTINA ABRAMS OF 11/16/99
DEPARTMENT OF CONFERENCES, CONVENTIONS AND DISCUSSION
PUBLIC FACILITIES. 59-65
12 PRESENTATION BY FRANCISCO GARCIA OF COCONUT
11/16/99
GROVE NET SERVICE CENTER.
DISCUSSION
65-69
13 ALLOCATE 25TH YEAR COMMUNITY
11/16/99
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO
R 99-859
HOUSING OPPORTUNITIES PROJECT FOR
69-72
EXCELLENCE, INC. ("HOPE") ($41,666) TO PROVIDE
FAIR HOUSING ACTIVITIES ($109,000) TO PROVIDE
SUPPORT SERVICES IN RELOCATION OF 109
FAMILIES IMPACTED BY THE CITY'S
TERMINATION OF THE SECTION 8 HOUSING
ASSISTANCE PAYMENT ("HAP") CONTRACT WITH
MIAMI LIMITED II.
14 ALLOCATE $163,000 OF 25TH YEAR COMMUNITY
11/16/99
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR
R 99-860
RELOCATION FOR THE 109 FAMILIES IMPACTED
72-74
BY THE CITY'S TERMINATION OF SECTION 8
HOUSING ASSISTANCE PAYMENT ("HAP")
CONTRACT WITH MIAMI LIMITED II,
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15 (A) MANAGER TO RECALCULATE RECOMMENDED
FUNDING LEVELS FOR THE CITY 25TH YEAR
ECONOMIC DEVELOPMENT RECOMMENDED FUNDING
LEVELS (FY 1999-2000), TO PROVIDE ADDITIONAL
FUNDING DOLLARS FOR THE HEREIN BELOW LISTED
AGENCIES: (1) ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY; (2) SMALL BUSINESS OPPORTUNITY
CENTER, AND (3) LITTLE HAVANA DEVELOPMENT
AUTHORITY, IN THE AGGREGATE AMOUNT OF $51,000.
(B) EXTEND TO MARCH 31, 2000 CDBG CONTRACTS
WITH HOUSING ADMINISTRATION AGENCIES;
SCHEDULE SPECIAL COMMISSION MEETING ON
NOVEMBER 30, 1999;
(C) CHANGE MEETINGS TO SECOND AND FOURTH
THURSDAYS OF EACH MONTH; BEGINNING AT 9:20
A.M. FOR PROTOCOL ITEMS AND THE REGULAR
MEETING SHALL BEGIN AT 9:30 A.M.
(D) ALLOCATE $1,100,396 OF 25TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS TO CONTINUE EXISTING ECONOMIC
DEVELOPMENT AGENCIES THROUGH SEPTEMBER
30, 2000; AGREEMENT(S) WITH COMMUNITY BASED
NEIGHBORHOOD ORGANIZATIONS.
(E) MANAGER TO MEET WITH REPRESENTATIVE(S) OF
SMALL BUSINESS OPPORTUNITY CENTER TO
DETERMINE COST FOR ITS EMERGENCY PROGRAM;
MANAGER TO ADVERTISE AND SCHEDULE ALL
RESOLUTIONS PASSED BY THE COMMISSION
RELATING TO CDBG.
(F) EACH MEMBER OF THE COMMISSION TO GIVE THE MANAGER
WRITTEN RECOMMENDATIONS CONCERNING CDBG FUNDING
(G) ADVERTISE ISSUE RESULTING FROM THE
DEPARTMENT OF COMMUNITY DEVELOPMENT'S
$25,000 EMERGENCY LOAN TO THE SMALL BUSINESS
OPPORTUNITY CENTER'S FACADE PROGRAM, WHICH
AIDED BUSINESSES ALONG SOUTHWEST 8 STREET
THAT WERE AFFECTED BY THE STATE OF
FLORIDA/DEPARTMENT OF TRANSPORTATION'S
REFURBISHMENT EFFORTS; MANAGER TO RETURN
WITH HIS RECOMMENDATIONS FOR CDBG
ALLOCATIONS; MANAGER TO INCLUDE THE
RECOMMENDATION AND REPORT BY THE INTERNAL,
AUDITOR REGARDING THE AUDIT REVIEW BY THE
DEPARTMENT OF COMMUNITY DEVELOPMENT OF
MIAMI CAPITAL DEVELOPMENT CORPORATION, INC.
11/16/99
M 99-861
M 99-862
M 99-863
R 99-864
M 99-865
M 99-866
75-112
16 DEFER CONSIDERATION OF REQUEST FROM MS. 11/16/99
EMMA MARTIN FOR FORGIVENESS OF LOAN FROM DISCUSSION
MIAMI CAPITAL DEVELOPMENT, INC. RELATED TO 112-115
PRESTIGE SUPERMARKET.
17 BRIEF COMMENTS RELATED TO "MIAMI- 11/16/99
DADE/MONROE WAGES COALITION PROGRAM" (see DISCUSSION
section # 19) 115-116
18 SECOND READING ORDINANCE: AMEND ORDINANCE
11520, TO INCREASE APPROPRIATIONS TO SPECIAL
REVENUE FUND "COPS MORE 96" ($340,002), FUNDS
RECEIVED IN 1998 AND 1999 AS SUPPLEMENTAL
GRANTS FROM THE U.S. DEPARTMENT OF JUSTICE
FOR THE CONTINUED OPERATION OF PROGRAM.
19 SECOND READING ORDINANCE: ESTABLISH SPECIAL
REVENUE FUND: "MIAMI-DADE/MONROE WAGES
COALITION PROGRAM (FY `99-2000)" APPROPRIATE
GRANT FUNDS ($750,000) FROM THE MIAMI-
DADE/MONROE WAGES COALITION THROUGH THE
STATE OF FLORIDA WORK AND GAIN ECONOMIC
SELF-SUFFICIENCY (WAGES ACT), CHAPTER 414
FLORIDA STATUTES. (See Sec. #17)
20 SECOND READING ORDINANCE: AMEND ORDINANCE
11167, WHICH ESTABLISHED INITIAL RESOURCES
AND APPROPRIATIONS FOR SPECIAL REVENUE
FUND "OPERATION C.A.R.S.," TO INCREASE
APPROPRIATIONS, ($49,124), CONSISTING OF
GRANT FROM STATE OF FLORIDA MOTOR
VEHICLE THEFT PREVENTION AUTHORITY.
21 SECOND READING ORDINANCE: ESTABLISH INITIAL
RESOURCES AND APPROPRIATIONS FOR SPECIAL
REVENUE FUND "TROOPS FOR COPS 99 GRANT,"
AUTHORIZE MANAGER TO ACCEPT GRANT,
($54,900), FROM THE U.S. DEPARTMENT OF JUSTICE,
OFFICE OF COMMUNITY ORIENTED POLICING
SERVICES (COPS).
22 SECOND READING ORDINANCE: ESTABLISH INITIAL
RESOURCES AND APPROPRIATIONS FOR SPECIAL
REVENUE FUND "SCHOOL BASED PARTNERSHIPS
GRANT II," AUTHORIZE MANAGER TO ACCEPT
GRANT, ($206,197) FROM U.S. DEPARTMENT OF
JUSTICE, OFFICE OF COMMUNITY ORIENTED
POLICING SERVICES ("COPS").
11/16/99
ORDINANCE 11852
116-117
11/16/99
ORDINANCE 11853
117-118
11/16/99
ORDINANCE 11854
119-120
11/16/99
ORDINANCE 11855
120-121
11/16/99
ORDINANCE 11856
121-122
23
SECOND READING ORDINANCE: AMEND CODE
11/16/99
SECTION 2-892 "ADMINISTRATION/BOARDS,
ORDINANCE 11857
COMMITTEES, COMMISSIONS," TO REMOVE THE
122.123
REQUIREMENT FOR SUNSET REVIEW OF
OCCUPATIONAL LICENSE EQUITY STUDY
COMMISSION.
24
SECOND READING ORDINANCE: AMEND CODE
11/16/99
SECTIONS 42-116 TO 42-118 "TOWING OF MOTOR
ORDINANCE 11858
123-126
VEHICLES"; TO PROVIDE DEFINITIONS AND
ESTABLISH REGULATIONS, PROCEDURES AND
PENALTIES FOR IMMOBILIZATION (BOOTING
CARS) OF VEHICLES PARKED ON PRIVATE
PROPERTY WITHOUT PERMISSION OR
AUTHORITY.
25
FIRST READING ORDINANCE: ESTABLISH INITIAL
11/16/99
RESOURCES AND APPROPRIATIONS FOR SPECIAL
ORDINANCE
REVENUE FUND: "STOP ACTIVE VANDALISM
126-127
EVERYWHERE" ("SAVE") GRANT, AUTHORIZE
MANAGER TO ACCEPT GRANT, ($179,640), FROM
MIAMI-DADE COUNTY; AUTHORIZE 25% REQUIRED
MATCHING FUNDS OF $59,880; ALLOCATE FUNDS
FROM THE POLICE DEPARTMENT LAW
ENFORCEMENT TRUST FUND, FOR A TOTAL OF
$239,520.
26
FIRST READING ORDINANCE: AMEND ORDINANCE
11/16/99
11769, TO INCREASE APPROPRIATIONS TO SPECIAL
ORDINANCE
REVENUE FUND "SCHOOL BASED PARTNERSHIPS
127-129
GRANT," ($17,500), CONSISTING OF A SUPPLEMENTAL
GRANT FROM U. S. DEPARTMENT OF JUSTICE, OFFICE
OF COMMUNITY ORIENTED POLICING SERVICES.
27
FIRST READING ORDINANCE: AMEND CODE SECTION
11/16/99
35-91, 35-92 AND 35-93 BY CHANGING RATES AT
ORDINANCE
CERTAIN ON -STREET LOTS AND MUNICIPAL
129-138
PARKING GARAGES.
28
FIRST READING ORDINANCE: AMEND ORDINANCE
11/16/99
10021, WHICH ESTABLISHED INITIAL RESOURCES
ORDINANCE
AND APPROPRIATIONS FOR LAW ENFORCEMENT
138-139
TRUST FUND, RECEIVED AND DEPOSITED
PURSUANT TO ORDINANCE 9257, PROVIDE FOR
INCREASE ($3,000,000), AS A RESULT OF ADDITIONAL
MONIES DEPOSITED IN SAID FUND FROM
SUCCESSFUL (POLICE) FORFEITURE ACTIONS.
29
FIRST READING ORDINANCE: AMEND CODE SECTION
11/16/99
29-122 "LANDFILLS AND WATERFRONT
ORDINANCE
IMPROVEMENTS/WATERFRONT ADVISORY
139-141
BOARD/SCOPE;' TO REQUIRE THAT WATERFRONT
ADVISORY BOARD BE INFORMED OF ANY
DEVELOPMENT AND/OR DISPOSITION OF
WATERFRONT PROPERTY AT THE CONCEPTUAL
PLANNING STAGES.
30.
DEFER CONSIDERATION OF PROPOSED AGREEMENT
11/16/99
WITH 8325 N.E. 2 AVENUE CORPORATION FOR LEASE
M 99-867
OF OFFICE/CLASSROOM/WORKSHOP SPACE AT 8325
141-143
N.E. 2 AVENUE.
31
RATIFY, APPROVE, CONFIRM MANAGER'S ACTION
11/16/99
IN EXECUTING GRANT OF EASEMENT TO FLORIDA
R 99-868
POWER & LIGHT COMPANY AT THE CITY -OWNED
143-148
PROPERTY (N.W. 12 AVENUE AND 12 STREET), OF A
TEN FOOT WIDE PERPETUAL, NON-EXCLUSIVE
EASEMENT ON PROPERTY, FOR CONSTRUCTION,
OPERATION AND MAINTENANCE OF OVERHEAD
AND UNDERGROUND ELECTRIC UTILITY
FACILITIES.
32
ACCEPT BID OF LAW ENFORCEMENT SUPPLY CO.,
11/16/99
INC., FOR POLICE VEHICLE EMERGENCY
R 99-869
EQUIPMENT ($389,229), UTILIZING EXISTING CITY OF
149-150
MIAIVII BEACH BID, WITH OPTION TO EXTEND;
ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT
PROGRAM.
33
RATIFY MANAGER'S EMERGENCY MEASURES, FOR
11/16/99
PRESERVATION OF PEACE, HEALTH, SAFETY AND
R 99-870
WELFARE BY DIRECTING DEPARTMENT OF
151-152
COMMUNITY DEVELOPMENT TO PROVIDE
IMMEDIATE PRESENCE OF CITY SERVICES AND
PERSONNEL AT THE SECTION 8 HOUSING UNITS
LOCATED IN THE MODEL CITY AREA BETWEEN
NORTHWEST 12TH AND NORTHWEST 15TH AVENUES
ON NORTHWEST 59TH, 60TH, 61 ST, AND 62ND
STREETS; ALLOCATE $69,594 OF SECTION 8 GRANT
FUNDS TO RATIFY CONTRACTS FOR PLUMBING
SERVICES, PEST EXTERMINATION, INSPECTION;
TEMPORARY LEASE OF MOBILE VEHICLE FACILITY.
Q Q
34 AUTHORIZE ACQUISITION OF COMPUTER 11/16/99
SOFTWARE TRAINING AND TECHNICAL SUPPORT R 99-871
FROM EXECUTRAIN AND OTHER VENDORS, 152-t54
UTILIZING STATE OF FLORIDA CONTRACT FOR
DEPARTMENT OF POLICE ($450,000); ALLOCATE
FUNDS FROM LAW ENFORCEMENTTRUST FUND.
35 AUTHORIZE MANAGER TO NEGOTIATE AND 11/16/99
EXECUTE COMMUNICATION SERVICE R 99-872
AUTHORIZATION AGREEMENT UNDER STATE OF 155-156
FLORIDA CONTRACT FOR INTERNET SERVICES
THROUGH BELLSOUTH, ($18,029), WITH THE OPTION
TO EXTEND FOR THREE ADDITIONAL ONE-YEAR
PERIODS, FOR DEPARTMENT OF POLICE; ALLOCATE
FUNDS FROM DEMONSTRATION CENTER GRANT.
36 RESCIND BID AWARDED UNDER RESOLUTION 99- 11/16/99
292 TO BELL & SON FENCE COMPANY FOR STEEL R 99-873
PICKET FENCING AT SIMPSON PARK; AWARD TO 156-157
FENCE MASTERS, INC., ($93,306); ALLOCATE FUNDS
FROM CAPITAL IMPROVEMENT APPROPRIATED
UNDER APPROPRIATION ORDINANCE 11748.
37 AUTHORIZE MANAGER TO EXECUTE MICROSOFT
11/16/99
ENTERPRISE SELECT AGREEMENT WITH
R 99-874
WAREFORCE, .INC., FOR LICENSING PRODUCTS,
157-159
UTILIZING EXISTING STATE OF FLORIDA
CONTRACT, ($330,000); REMAINING YEARS SUBJECT
TO COST ADJUSTMENTS BASED UPON THE ADDITION
OF NEW DESKTOP COMPUTERS; ALLOCATE FUNDS
FROM CAPITAL IMPROVEMENT PROJECT, EXISTING
GRANTS, -INCLUDING THE COPS MORE 98 GRANT,
AND OPERATING BUDGETS OF VARIOUS USER
DEPARTMENTS AT TIME OF NEED.
38 APPROVE PROPOSED "CITY OF MIAMI FIVE YEAR
11/16/99
PLAN" FOR FISCAL YEAR 2000, THROUGH AND
R 99-875
INCLUDING FISCAL YEAR 2004.
M 99-876
159-171
39 RECESS THE REGULAR PORTION OF TODAY'S
11/16/99
CITY COMMISSION MEETING IN ORDER TO
DISCUSSION
CONSIDER ITEMS OF THE PLANNING & ZONING
171-172
PORTION OF TODAY'S MEETING.
40
SECOND READING ORDINANCE: AMEND
11/16/99
COMPREHENSIVE NEIGHBORHOOD PLAN
ORDINANCE
ORDINANCE 11544 TO CHANGE FUTURE LAND USE
172-174
ELEMENT FROM HIGH DENSITY MULTIFAMILY
RESIDENTIAL TO RESTRICTED COMMERCIAL AT 1800
NORTH BAYSHORE DRIVE AND 1825-1837 N.E. 4
AVENUE. [Applicant: Ader Properties]
41
SECOND READING ORDINANCE: AMEND ZONING
11/16/99
ORDINANCE, 11000 TO CHANGE ATLAS FROM R-4
ORDINANCE
MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO SD-6
174-175
CENTRAL COMMERCIAL -RESIDENTIAL DISTRICTS AT
1800 NORTH BAYSHORE DRIVE AND 1825-1837 N.E. 4
AVENUE. [applicant: Ader Properties]
42
SECOND READING ORDINANCE: AMEND ZONING
11/16/99
ORDINANCE 11000 TO CHANGE ZONING
ORDINANCE
DESIGNATION AT 2600 AND 2612 S.W. i STREET AND
176-177
2601 AND 261 S.W. 2 STREET TO ADD SD-12 BUFFER
OVERLAY DISTRICT (ALLOWING PARKING LOT FOR
ADJACENT COMMERCIAL FACILITY) [applicant:
Benjamin Leon, Jr., President for Twenty Seven & First, Inc.]
43
FIRST READING ORDINANCE: AMEND
11/16/99
COMPREHENSIVE NEIGHBORHOOD PLAN
ORDINANCE
ORDINANCE 10544 - CHANGE LAND USE
177-181
DESIGNATION AT 2500 BRICKELL AVENUE FROM
SINGLE FAMILY RESIDENTIAL AND MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL TO HIGH
DENSITY MULTIFAMILY RESIDENTIAL (TO ALLOW
NEW ADDITION TO EXISTING HOTEL) [applicant: Charles
Leemon III and Linda Leemon]
44
FIRST READING ORDINANCE: AMEND ZONING
11/16/99
ORDINANCE 110000 BY CHANGING ZONING
ORDINANCE
DESIGNATION AT 2500 BRICKELL AVENUE FROM R-1
182
SINGLE FAMILY RESIDENTIAL AND R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO
R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL. (TO
ALLOW NEW ADDITION TO EXISTING HOTEL)
[applicant: Charles Leemon III and Linda Leemon]
45
FIRST READING ORDINANCE: AMEND
11/16/99
COMPREHENSIVE NEIGHBORHOOD PLAN
ORDINANCE
ORDINANCE 10544 - CHANGE LAND USE
183
DESIGNATION AT 1515, 1545, 1605, 1615 AND 1625 N.W.
7 STREET FROM OFFICE TO RESTRICTED
COMMERCIAL. [applicant: Ashton Ventures Two, LLCJ
46
FIRST READING ORDINANCE: AMEND ZONING 11/16/99
ORDINANCE 11000 - CHANGE ATLAS AND ORDINANCE
DESIGNATION AT AT 1515, 184
1545, 1605, 1615 AND 1625
N.W. 7 STREET FROM 0 OFFICE TO C-1
RESTRICTED
COMMERCIAL. [applicant: Ashton Ventures Two, LLC]
47
SECOND READING ORDINANCE: AMEND ZONING 11/16/99
ORDINANCE 11000
- SD-9 BISCAYNE BOULEVARD ORDINANCE
NORTH OVERLAY DISTRICT TO MODIFY SIGNAGE 185-186
REGULATIONS FOR CERTAIN PORTIONS OF SD-9.
[applicant: Planning and Zoning Department]
48
CONTINUE CONSIDERATION OF PROPOSED MAJOR 11/16/99
USE SPECIAL PERMIT FOR BRICKELL BAY M 99-877
VILLAGE
APARTMENTS PROJECT AT APPROXIMATELY 2101- 186-190
2105 BRICKELL AVENUE.
49
GRANT APPEAL OF NITRAM PARTNERS, LTD., 11/16/99
REVERSE ZONING
BOARD DECISION, GRANT R 99-878
VARIANCE FROM ZONING ORDINANCE 11000 TO 190-194
ALLOW REDUCTION IN NUMBER OF OFF-STREET
PARKING SPACES FOR PROPERTIES LOCATED
AT 289,
297, 301, 311, N.W. 23 STREET, 215, 219, 227, 237, 240,
247, 250, 255, 267, 310, 325, 338, 339, 342, 350 N.W. 24
STREET AND 240, 252, 260, 282, 292 N.W. 25 STREET.
50
CHANGE COMMISSION MEETING DATE TO 11/16/99
DECEMBER 14, 1999.
R 99-879
194-195
51
VACATION AND CLOSURE OF PUBLIC RIGHT-OF-WAY
11/16/99
AT 790 N.W. 61 STREET. [applicant: Church of the Open R99-880
Door] 195-197
52
VACATION AND CLOSURE OF PUBLIC RIGHT-OF-WAY
11/16/99
- PORTION OF N.E. 6 AVENUE AND 7 AVENUE R 99-881
BETWEEN N.E. 36 STREET TO THE SOUTH AND 195 197-199
JULIA TUTTLE CAUSEWAY TO THE NORTH. [applicant:
Biscayne Bay Tower, LLCJ.
53
AMEND ORDINANCE NO. 11000, IN ORDER TO ADD SD- 11/16/99
12 BUFFER OVERLAY DISTRICT AT 2725, 2731, 2733 ORDINANCE
NORTHWEST 6TH STREET
— INCLUDE TRAFFIC STUDY M 99-882
200-215
AT THE EXPENSE OF THE APPLICANT:
FORTUNE OF
THE CHI, INC., FROM NORTHWEST 6TH STREET FROM
28TH TO 27TH AVENUE,
54 FIRST READING ORDINANCE: AMEND ZONING 11/16/99
ORDINANCE 11000 TO ADD HISTORIC PRESERVATION ORDINANCE
OVERLAY DISTRICT AT 2167 SOUTH BAYSHORE 215-216
DRIVE. [applicant: Coconut Grove Park, Inc.]
55 FIRST READING ORDINANCE: AMEND ZONING 11/16/99
ORDINANCE I1000 TO ADD SD-12 BUFFER OVERLAY ORDINANCE
DISTRICT AT 3633, 3653, 3661 AND 3665 S.W. 22 217-221
TERRACE. [applicant: II Palazzo, Inc.]
56 CONTINUE CONSIDERATION OF PROPOSED FIRST 11/16/99
READING ORDINANCE CONSIDERING NOTIFICATION M 99-883
OF PROPOSED CHANGE OF PREVIOUSLY APPROVED 221-222
DEVELOPMENT OF REGIONAL IMPACT [DRI] FOR
BRICKELL SQUARE PROJECT, LOCATED AT
APPROXIMATELY 845-999 BRICKELL AVENUE.
57 SECOND READING ORDINANCE: AMEND ZONING
11/16/99
ORDINANCE 11000 TO MODIFY PROVISIONS
ORDINANCE
REGARDING SIGNS (MURALS) WHICH HAVE ARTISTIC
222-225
OR GRAPHIC VALUE ALONG I-395, ADD CRITERIA -
MINIMAL COMMERCIAL MESSAGES.
58 SECOND READING ORDINANCE: AMEND
11/16/99
COMPREHENSIVE NEIGHBORHOOD PLAN
ORDINANCE
ORDINANCE 10544 - GOALS, OBJECTIVES, POLICIES
225-227
OF FUTURE LAND USE ELEMENT TO ADD NEW
POLICY WHICH ADOPTS DESIGNATION OF CITY AS
URBAN INFILL AREA TO COMPLY WITH STATE
REQUIREMENTS BY CONFIRMING CITY'S SCHOOL
SITING AND CO -LOCATION LAND USE POLICIES.
59 DISCUSSION:
11/16/99
(A) COMMISSIONERS TO BE INFORMED OF ALL
DISCUSSION
MATTERS AFFECTING THEIR RESPECTIVE DISTRICTS;
227-229
(B) TIMETABLE CONCERNING THE SD-12 OVERLAY
FOR THE 17TH AVENUE CORRIDOR;
(C) CONSULTATION PROCESS WITH COMMUNITY
REDEVELOPMENT AGENCY (CRA) RELATED TO
PARKING.
60
SETTLEMENT: ESTATE OF JOSE VLADIMIR
11/16/99
RODRIGUEZ, ALEXANDER RODRIGUEZ, SURVIVING
R 99-884
SON, MICHAEL RODRIGUEZ, SURVIVING SON, AND
229-230
TANIA RODRIGUEZ, SURVIVING SPOUSE, $200,000.
61
SETTLEMENT CATHERINE DARDEN YOUNG, $49,000.
11/16/99
R 99-885
231-232
62
DEFER CONSIDERATION OF PROPOSED $2.5 MILL.ION
11/16/99
SETTLEMENT OF JANEKA BROWN CASE; INSTRUCT
M 99-886
ATTORNEY TO DISCUSS THIS MATTER WITH THE
232-236
STATE ATTORNEY AND COME BACK ASSURING THE
COMMISSION THAT THERE ARE ADEQUATE
SAFEGUARDS IN PLACE WHICH WILL PREVENT THIS
FROM HAPPENING AGAIN.
63
AUTHORIZE ADDITIONAL PAYMENT ($27,779) TO
11/16/99
LAW FIRM OF TEW CARDENAS REBAK KELLOGG
R 99-887
LEHMAN DEMARIA AND TAGUE, L.L.P., IN
237-238
CONNECTION WITH LAWSUIT, MIAMI-DARE
COUNTY VS. BRICKELL POINT, LTD., BCOM-BP,
INC-, BCOM-OP, INC., COLONIAL BANK, AND THE
CITY OF MIAMI, ELEVENTH JUDICIAL CIRCUIT
COURT, CASE NO. 99-04219, CONCERNING THE
PROPERTY LOCATED AT 401 BRICKELL AVENUE,
COMMONLY KNOWN AS THE "MIAMI CIRCLE."
64
RATIFY, APPROVE, CONFIRM MANAGER'S FINDING
11/16/99
OF EMERGENCY; WAIVE REQUIREMENTS FOR
R 99-888
COMPETITIVE SEALED BIDS, APPROVE
238-241
PROCUREMENT OF FURNITURE FROM VARIOUS
VENDORS FOR RENOVATION OF FIRE STATIONS,
FOR THE DEPARTMENT OF FIRE -RESCUE, ($88,853.86);
ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT
PROJECT FUNDED BY THE FIRE ASSESSMENT.
65
AUTHORIZE MANAGER TO EXECUTE
11/16/99
PROFESSIONAL SERVICES AGREEMENT, WITH R 99-889
MATZ TRAKTMAN, TO PROVIDE COURT 241-242
REPORTING SERVICES TO OFFICE OF THE CITY
CLERK FOR FISCAL YEAR 1999/2000, ($27,360);
ALLOCATEFUNDS
66
ACCEPT GRANT FROM U.S. ECONOMIC 11/16/99
DEVELOPMENT ADMINISTRATION FOR ROAD AND R 99-890
INFRASTRUCTURE IMPROVEMENTS AT WATSON 242-243
ISLAND.
67 APPOINT WALDEMAR LEE AS MEMBER OF GENERAL 11/16/99
EMPLOYEES' AND SANITATION EMPLOYEES' R 99-891
RETIREMENT TRUST. 243-244
68
DEFER CONSIDERATION OF ALL BOARD
11/16/99
APPOINTMENTS SCHEDULED FOR TODAY.
DISCUSSION
244
69
APPOINT COMMISSIONER JOE SANCHEZ AS THE
11/16/99
CHAIRPERSON OF THE BAYFRONT PARK
R 99-892
MANAGEMENT TRUST.
244-246
70
DISCUSS APPOINTMENT OF COMMISSIONER WINTON
11/16/99
AS CHAIRMAN OF THE INTERNATIONAL TRADE
DISCUSSION
BOARD (ITB). [see section # 72].
246-247
71
DISCUSS PROPOSED RESTRUCTURE OF MIAMI
11/16/99
SPORTS AND EXHIBITION AUTHORITY (MSEA) AND
DISCUSSION
SALARY OF ITS STAFF.. (see section # 73)
247-248
72
APPOINT COMMISSIONER JOHNNY L. WINTON AS THE
11/16/99
CHAIRPERSON OF THE INTERNATIONAL TRADE
R 99-893
BOARD.
248-249
73
(A) APPOINT COMMISSIONER JOHNNY WINTON AS A
11/16/99
VOTING MEMBER/VICE CHAIRPERSON (ACTING
R 99-894
CHAIRPERSON IN THE ABSENCE OF THE MAYOR) OF
249-251
THE MIAMI SPORTS AND EXHIBITION AUTHORITY —
COMMENTS RE MSEA STAFF SALARY AND
RESTRUCTURE OF BOARD. (see section # 71)
(B) PROVIDE THE COMMISSION WITH A STATUS
REPORT ON THE DECOMA VS. MIAMI SPORTS AND
EXHIBITION AUTHORITY LAWSUIT.
74 APPOINT COMMISSIONER TEELE AS MEMBER OF THE 11/16/99
MIAMI-DADE TOURIST DEVELOPMENT COUNCIL R 99-895
(TDC). 251-252
75 SETTLEMENT: WILLIAM B. BRICKELL, JAMES B. 11/16/99
BRICKELL, JR., BEATRICE A BRICKELL, MARY R 99-896
SNYDER, AND ARCHIE K. PURDY -- FURTHER 252-255
AUTHORIZE ATTORNEY AND DIRECT MANAGER TO
COMMENCE DISCUSSIONS WITH MIAMI-DADE
COUNTY REGARDING THE MIAMI CIRCLE IN
RELATION TO THE POTENTIAL SALE OF THE
BRICKELL PARK PROPERTY; ALLOCATION OF
$2,000,000 FROM THE CITY'S PROCEEDS FROM THE
SALE OF THE BRICKELL PARK TOWARD THE
PRESERVATION OF THE MIAMI CIRCLE BY FUTURE
RESOLUTION.
76 MANAGER TO NEGOTIATE AGREEMENT WITH MR. 11/16/99
THOMAS DIEGO FOR AFFORDABLE HOUSING M 99-897
PROJECT TO BE LOCATED AT CIVIC CENTER SITE, 255-258
1700 N.W. 14 AVENUE, STIPULATE TERMS: (A)
DEVELOPER WILL PAY FAIR MARKET VALUE, (B)
CLEAN UP PROPERTY AND (C) BUILD WITHIN A TIME
CERTAIN.
77 CONTINUE CONSIDERATION OF PROPOSED FIRST 11/16/99
READING ORDINANCE TO AMEND CODE SECTION 54- M 99-898
190 TO MODIFY THE WIDTH OF N.E. 12 STREET 258-259
BETWEEN NORTHEAST BISCAYNE BOULEVARD AND
N.E. 2 AVENUE.
78 AUTHORIZE MANAGER TO NEGOTIATE AND 11/16/99
EXECUTE COMMUNICATIONS SERVICE R 99-899
AUTHORIZATION (CSA) AGREEMENT WITH STATE OF 259-261
FLORIDA FOR PROCUREMENT OF T-I CHANNELIZED
MEGALINK SERVICES THROUGH BELLSOUTH, (FIRST
YEAR $31,022.73 AND THEREAFTER $26,424.73), FOR
DEPARTMENT OF POLICE, ALLOCATE FUNDS FROM
POLICE GENERAL OPERATING BUDGET.
79 DISCUSS ENGAGEMENT OF THE LAW FIRM OF 11/16/99
AKERMAN, SENTERFITT & EIDSON, P.A. FOR DISCUSSION
REPRESENTATION OF THE CITY OF MIAMI AND 261-263
WALTER FOEMAN, CLERK OF THE CITY OF MIAMI, IN
ANY AND ALL MATTERS THAT HAVE ARISEN OR
WILL ARISE AS A RESULT OF THE LAWSUIT, MIAMI
ASSOCIATION OF FIREFIGHTERS, LOCAL .587, ET AL., VS.
CITY OF MIAMI, ET AL, ELEVENTH JUDICIAL CIRCUIT
COURT. (see section # 81).
E
RE
80
ELECT, REAPPOINT ALEJANDRO VILARELLO AS
11/16/99
CITY ATTORNEY OF THE CITY OF MIAMI
R 99-900
264-265
81
ENGAGEMENT OF LAW FIRM OF AKERMAN,
11/16/99
SENTERFITT & EIDSON, P.A. FOR REPRESENTATION
R 99-901
OF THE CITY OF MIAMI AND WALTER FOEMAN,
265-267
CLERK OF THE CITY OF MIAMI, -- LAWSUIT, MIAMI
ASSOCIATION OF FIREFIGHTERS, LOCAL 587, ET AL., VS.
CITY OF MIAMI, ET AL, ELEVENTH JUDICIAL CIRCUIT
COURT, CASE NO.99-23358, CONCERNING ISSUES
RELATED TO AMENDMENTS TO THE CITY OF MIAMI
CHARTER; ALLOCATE FUNDS ($50,000), PLUS COSTS
AS APPROVED BY THE CITY ATTORNEY, FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND. (See
section # 79).
82
ELECT, REAPPOINT WALTER J. FOEMAN AS CITY
11/16/99
CLERK OF THE CITY OF MIAMI.
R 99-902
267-270
83
REAFFIRMING THE REAPPOINTMENT OF ALEJANDRO
11/16/99
VILARELLO AS CITY ATTORNEY OF THE CITY OF
M 99-903
MIAMI. (See section # 80)
270-271
84
CONCERT PERFORMANCE OF METALLICA BY
11/16/99
FANTASMA PRODUCTIONS, INC., AT THE ORANGE
R 99-904
BOWL STADIUM; AUTHORIZE USER FEE TO BE
271-274
CAPPED AT $25,000; AUTHORIZE MANAGER TO
EXECUTE USE AGREEMENT; CONDITION UPON THE
ORGANIZERS PAYING ALL NECESSARY COSTS OF
CITY SERVICES AND APPLICABLE FEES, OBTAINING
INSURANCE.
85
DIRECT CLERK TO ISSUE REPORT REGARDING
1I/16/99
THE IMPLEMENTATION OF THE LEGISTAR SYSTEM
R 99-905
(COMPUTER SOFTWARE PROGRAM TO TRACK
273-274
LEGISLATION AND FACILITATE RESEARCH).
86
CONSIDERATION OF REINSTATEMENT OF
11/16/99
CHARTER REVIEW COMMITTEE.
DISCUSSION
274-275
87
ESTABLISH THE JURISDICTIONAL BOUNDARIES
11/16/99
COMMITTEE TO EVALUATE, ADVISE AND MAKE
R 99-906
RECOMMENDATIONS TO THE COMMISSION
275-277
REGARDING POSSIBLE CITY OF MIAMI MUNICIPAL
BOUNDARY CHANGES.
0m,
a
88 DEFER CONSIDERATION OF PROPOSED FIRST
11/16/99
READING ORDINANCE TO AMEND SECTION 2-33 OF
DISCUSSION
THE CODE: "ORDER OF BUSINESS AND RULES OF
278-280
PROCEDURE" TO VEST THE RESPONSIBILITY OF
AGENDA PREPARATION WITH THE CITY
ATTORNEY.
89 APPROVE PURCHASE AND INSTALLATION OF
11/16/99
PLAYGROUND EQUIPMENT, SITE FURNISHINGS AND
R 99-907
BLEACHERS AT VARIOUS CITY PARKS FROM
280-282
VARIOUS VENDORS, UNDER EXISTING MIAMI-DADE
COUNTY CONTRACT SUBJECT TO FURTHER
EXTENSIONS BY THE COUNTY, FOR THE
DEPARTMENT OF PARKS AND RECREATION,
($226,528.57); ALLOCATE FUNDS FROM THREE (3)
SOURCES, THE DEPARTMENT OF PARKS AND
RECREATION GENERAL OPERATING BUDGET FOR FY
99-00 OPERATING BUDGET, THE COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS (CDBG), AND
SAFE NEIGHBORHOOD PARK BOND FUNDS (SNPB)
APPROPRIATED UNDER SECTION VI OF THE CITY'S
GENERAL APPROPRIATIONS ORDINANCE NO. 11748.
90 DESIGNATE COMMISSIONER J.L. PLUMMER, JR. AS
11/16/99
COMMISSIONER EMERITUS OF THE CITY OF MIAMI.
R 99-908
282-283
91 COMMEND JIM KAY, DIRECTOR OF THE DEPARTMENT
11/16/99
OF PUBLIC WORKS, FOR HIS 28 AND A HALF YEARS
M 99-909
OF DISTINGUISHED AND HONORABLE SERVE TO THE
283-284
CITY OF MIAMI.
2
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 16th day of November 1999, the City Commission of Miami, Florida, met at its
regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in
regular session.
The meeting was called to order at 9:43 a.m. by Vice Chairman 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)
ABSENT:
Commissioner Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Donald Warshaw, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Vice Chairman Gort: OK. Good morning, everyone. First, we -- as you all recall, 9:30 was the
ceremonies and presentations and award presentations and, at 10:00, we begin our regular meeting.
At this time, I'll give the floor to Commissioner Sanchez.
Key of the City presented to Orlando "El Duque" Hernandez for winning the World Series for two
years in a row and being named MVP in this year's American Baseball League Championship.
Vice Chairman Gort: We'll be back at 10:00. Teele's not here, yet. As soon as he comes in, we'll do
the other three presentations. Regular meeting will begin the meeting at 10:00.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 9:47 AM AND
RECONVENED AT 10:05 AM WITH ALL MEMBERS OF THE CITY COMMISSION
FOUND TO BE PRESENT, EXCEPT COMMISSIONER TEELE.
November 16, 1999
Vice Chairman Gort: Tomas, can we get the meeting going? All right. It's get 10:04. Let's the
meeting going. I'd like the invocation IV Commissioner Sanchez and we'll have the pledge of
allegiance by Commissioner Winton. Mr. Manager, can we get this meeting going?
An invocation was delivered by Commissioner Sanchez, followed by Commissioner
Winton leading those present in a pledge of allegiance to the flag,
von: Mood morning. Thank you all. We have the consent agenda. Are there any
questions -- any defers on the consent agenda?
Mr. Donald Warshaw (City Manager): Mr. Chairman?
Vice Chairman Gort: Yes.
Mr. Warshaw: We have one addition to the consent agenda, a correction on one of the items.
Ms. Judy Carter: Yes, sir. This is Judy Carter, Purchasing Director. Agenda item CA-8, we would
simply like to add the name Pan American Construction Company as the secondary vendor. This is
a piggyback contract and the Dade County...
Vice Chairman Gort: CA...
Ms. Carter: CA-8, and the primary vendor Overland Carriers and the secondary vendor is Pan
American Construction. Other than that, the legislation is fine.
Commissioner Sanchez: Willie, if you would allow me just to address the employees of the City of
Miami, just on a short statement? Mr. Vice Chair.
Vice Chairman Gort: Go right ahead.
Commissioner Sanchez: Mr. Vice Chair, in recent months there has been numerous reports
regarding the City of Miami and its politics. These reports have brought insecurity and uncertainty
to our City employees, who have, basically, been riding a roller coaster ride throughout the past three
years. The instability has taken a toll, not only on our citizens, but on the heart and soul of the City
of Miami employees, who continue to be the mechanism that keep this City going. Today, if I can
deliver a positive message to our residents and our City employees, is that the storm will pass; that
the sun will shine again, soon. And I challenge also City employees to continue their commitment of
excellence and continue to provide services with professionalism, as they always have done.
Vice Chairman Gort: Thank you. Let me ask just add to that, I don't think there's ever been crisis.
I think the City has always functioned very professionally. I think it's more of the crisis of the public
media that really exist. I think a lot of people like to put the City on the spot. I think the City is
doing real good and the administrators are doing great. Anyone have any questions on the consent
agenda?
2 November 16, 1999
Commissioner Sanchez: I do have— and I want to apologize. I've just been very busy today trying to
get the award presentation going and some delays that occurred. I think there is an item that I had
some concern on, but if I could be allowed to bring it back, if I do catch up where I'm at, and address
the issue.
Vice Chairman Gort: Commissioner Winton? Commissioner Regalado?
Commissioner Regalado: No.
Vice Chairman Gort: OK. Anyone in the public? Yes, sir.
Mr. Mariano Cruz: On CA-12. Mariano Cruz, 1227 Northwest 26 Street. I've been here many times
questioning these grants from the Law Enforcement Trust Fund to different agencies. Like here, I
went to the back-up material and it say HUGS, Having Understanding, Guidance and Support for
children from the third to the fifth grade, but it doesn't say where or who they are, what school the
money is going to be used. Is some of that money going to Allapattah, to all the different schools
there? Because in Allapattah there, we have a problem. I just was talking to some of the police
officers and they said, "Well, look at, the market is clean but we are making so many drug arrests
everyday," so the only day I'll be happy is when we don't have anymore drug arrests. What's the
problem? Because you are placing this problem of drugs at the end. You've got to come from the
base, from the children, from the school, from the family. We don't do anything for having so many
numbers or statistics or the Crime Suppression Team and the Crime Problem Solving Team no. We
have to go. And this money, I said many times, I don't see any money is going directly to the YMCA
(Young Men Christian Association) or to after school program in Allapattah. Why? Where do they
go? I have said it here many times. Christmas in July. Christmas in September. Going to the Boys
Club, to the Coconut Grove Playhouse. What about some of this money going directly there, to what
we have a drug problem as supported by the number of arrests on your two teams right there in our
neighborhood. That's all I have to say on that.
Vice Chairman Gort: Thank you. You want to answer that?
Mr. Angel Urquiola: Good morning, gentlemen. My name is Angel Urquiola. I live...
Vice Chairman Gort: Excuse me. Let me have somebody answer it first.
Mr. George Manresa: Commissioners, George Manresa, in charge of Business Management
Section. Basically, this program is for after school and the students will be referred to this program,
basically, from homes and Drew School, although any other elementary in the area can refer them.
And it's, basically, for high -risk students and they're going help them with their school work and,
hopefully, try to keep them in school.
Vice Chairman Gort: Mr. Manresa, I think it would be very important, in the future, when we have
any items like this, that we publish all the other places where we provide help, and also the system,
how that anyone can solicit the help from those funds.
Mr. Manresa: Yes, sir.
Vice Chairman Gort: OK. Thank you. Yes, sir.
Mr. Angel Urquiola: Good morning. My name is Angel Urquiola. I live 25 Southwest 38 Avenue.
Like Mr. Cruz said, I have nothing against to this fund, but I want to know how much of this fund
November 16, 1999
goes to Flagami? Because I never saw in Flagami a project only toward disability kids on 47
Avenue. And another way, all the way kids on Flagami is running around the street. I never saw a
program. The program is in bay wall and the golf course is private people who give the money. I
want to know -- somebody answer me -- how much of this money going to be invest of Flagami,
please?
Vice Chairman Gort: Thank you, sir. As I said, they'll give a report of where this fund is being
reported. At the same time, you have to understand, organizations have to request the funds to put in
-- whatever use there is to it. They'll give you a lot of information. Yes, ma'am?
Ms. Mary Hill: Good morning. I'm Mary Hill, the founder, CEO (Chief Executive Officer) and
Director -- National Director of the Economic Opportunity Acts and Amendments.
Vice Chairman Gort: Ma'am, are you addressing CA-12?
Ms. Hill: Yes. Yes. This the gentleman that spoke on CA 12, with the after school care, right?
Vice Chairman Gort: Yes.
Ms. Hill: Yes, I'm familiar with that. What we need to do here is to stop labeling where those
monies supposed to go. Because all of this will be taken care of, but we're going to have to follow
directives first from the director, in which I will be elaborating, specifically, on later. Those funds is
not, at this time, supposed to be carried out according to the way they're carried out right now. So,
every -- we will be taking care of after school and so many other things, but there is something else
to do first. I'll speak on later. Thank you.
Vice Chairman Gort: Thank you, ma'am. Anyone else? Being none, do I have a motion?
Commissioner Regalado: Move it.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved, second. Further discussion? Being none, all in favor state by
saying "aye."
The Commission (Collectively): Aye
Vice Chairman Gort: At the same time, I'd like to notice that there are no vetoes from the Mayor's
Office.
November 16, 1999
RESOLUTION NO.99-842
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF HESCO SALES, INC., FOR THE PROCUREMENT OF
EIGHT ROLL -OFF TRASH CONTAINERS FOR THE DEPARTMENT
OF SOLID WASTE, IN AN AMOUNT NOT TO EXCEED $19,300;
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO.353010.329402.6.840.
RESOLUTION NO.99-843
A RESOLUTION OF THE MI.AMI CITY COMMISSION ACCEPTING
THE BID OF ELECTRICAL CONTRACTING SERVICE, INC., FOR
THE PROJECT ENTITLED "WEST END PARK SPORTS LIGHTING
PROJECT -SOFTBALL FIELD, B-6292," IN THE AMOUNT OF
$83,800.00, TOTAL BID OF THE PROPOSAL; ALLOCATING FUNDS
THEREFOR FROM THE SAFE NEIGHBORHOOD PARK BONDS,
PROJECT NO. 333107, AS APPROPRIATED IN THE ANNUAL
APPROPRIATIONS AND CAPITAL IMPROVEMENTS ORDINANCE
NO. 11705, AS AMENDED, IN THE AMOUNT OF $83,800.00 THE
CONTRACT COST AND $12,902.91 EXPENSES, TOTAL
ESTIMATED COST $96,702.91; AND FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
November 16, 1999
.... _............. ..
RESOLUTION NO.99-844
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF MBL PAVING UTILIZING BID PRICES IN INVITATION
FOR BID NO. 97-98-183, FOR THE INSTALLATION OF ASPHALT
WALKWAYS AT KENNEDY AND MORNINGSIDE PARKS, FOR
THE DEPARTMENT OF PARKS AND RECREATION, AT A TOTAL
COST NOT TO EXCEED $25,000; ALLOCATING FUNDS THEREFOR
FROM CAPITAL IMPROVEMENT PROJECT NOS. 331313 AND
333112.
RESOLUTION NO.99-845
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF INCLAN PAINTING CORP., UNDER BID NO.98-99-186,
FOR THE INTERIOR AND EXTERIOR PAINTING OF TWO
FACILITIES, FOR THE DEPARTMENT OF SOLID WASTE, AT A
TOTAL AMOUNT NOT TO EXCEED $21,395; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO.
353015.329401.6.860.
RESOLUTION NO.99-846
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF COMMERCIAL INTERIOR CONTRACTORS CORP.,
UNDER BID NO. 98-99-185 FOR THE PROCUREMENT AND
INSTALLATION OF CERAMIC TILE, FOR THE DEPARTMENT OF
SOLID WASTE, AT AN AMOUNT NOT TO EXCEED $30,176;
ALLOCATING FUNDS THEREFOR FROM CAPITAL,
IMPROVEMENT PROJECT NO. 353015.329401.6.860.
6 November 16, 1999
RESOLUTION NO.99-847
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF THE CARPET BOUTIQUE, INC., UNDER BID NO. 98-
99-188 FOR THE PROCUREMENT AND INSTALLATION OF 436
SQUARE YARDS OF CARPET FOR THE DEPARTMENT OF SOLID
WASTE, AT A TOTAL AMOUNT NOT TO .EXCEED $9,300;
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO.353015.329401.6.860.
RESOLUTION NO.99-848
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PURCHASE OF LIME ROCK BOULDERS FROM THE
PRIMARY VENDOR, OVERLAND CARRIERS, INC., AND THE
SECONDARY VENDOR, PAN AMERICAN CONSTRUCTION LP,
FOR ZONE 4 ITEM NO. 130, AWARDED PURSUANT TO MIAMI-
DADE COUNTY CONTRACT NO. 4056-3/01-1-CW-OTR, SUBJECT
TO FURTHER EXTENSIONS FROM MIAMI-DADE COUNTY, FOR
THE VIRGINIA KEY BEACH RENOURISHMENT AND
STABILIZATION PROJECT, AT A COST NOT TO EXCEED $100,000;
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 336006, ACCOUNT CODE NO.
589301-860.
RESOLUTION NO.99-849
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PROCUREMENT OF AIR TIME ACCESS AND PORT CHARGES
FOR A VEHICLE LOCATION SYSTEM FROM TELETRAC, INC.,
UTILIZING AN EXISTING STATE OF FLORIDA NEGOTIATED
AGREEMENT PRICE SCHEDULE (SNAPS) NO. 9911506, FOR THE
DEPARTMENT OF SOLID WASTE, IN AN AMOUNT NOT TO
EXCEED $32,000; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO.422001.320102.6.340.
November 16, 1999
RESOLUTION NO.99-850
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT
FROM THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND")
IN THE AMOUNT OF $180,000 FOR THE KENNETH MYERS PARK
"SEMINOLE" PUBLIC BOAT RAMP AND LAUNCHING FACILITY;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, TO ACCEPT SAID GRANT.
RESOLUTION NO.99-851
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT
FROM THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND")
IN THE AMOUNT OF $196,086 FOR THE MARGARET PACE PARK
PUBLIC WATERFRONT ENHANCEMENT PROJECT; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO ACCEPT SAID GRANT.
I c0slii1t06)zaMOM'3 -Mm
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING FUNDING OF THE PROJECT ENTITLED, HAVING
UNDERSTAND GUIDANCE AND SUPPORT ("HUGS");
ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO
EXCEED $35,000, FROM THE LAW ENFORCEMENT TRUST FUND,
PROJECT NOS. 690001, 690002 AND 690003, SUCH EXPENDITURE
HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS
COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S
"GUIDE TO EQUITABLE. SHARING," AND FLORIDA STATE
STATUTES, CHAPTER 932.7055, AS AMENDED.
November 16, 1999
,
Vice Chairman Gort: Item Number 2. You guys want to think about this one or...
Commissioner Regalado: Mr. Chairman, I would request to have a full Commission.
Vice Chairman Gort: All right.
Commissioner Regalado: On the two appointments.
Vice Chairman Gort: Two and three, we'll wait until Commissioner Teeie gets in.
Note for the Record: Items 2 and 3 were tabled, pending full Commission.
Vice Chairman Gort: Item 4.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there a second? Is there a second?
Commissioner Regalado: I'll second.
Vice Chairman Gort: Moved and second. Discussion? Public Works, you want to add anything?
Mr. Jim Kay (Director, Public Works): This is just a reduction in street width from seventy feet
down to fifty feet. This is on Northwest -- Northeast 12th Street. On the south side of that street you
have the expressway, the 836. North side, you have some buildings that are in an area that is getting
to be right for development with the coming out of the Performing Arts Center somewhere down the
road -- a few years down the road. The reason for this reduction is that we would not change the
alignment of the existing buildings. Right now, a 70•foot right-of-way you require dedication of
another 10 to 15 feet into the buildings there right now, and we think that's really getting to be too
much of...
Vice Chairman Gort: Thank you. Yes.
Commissioner Winton: I do have a question. Are we absolutely sure that with the potential and
eventual realignment or redevelopment of 1-395 that this site will not be impacted by that
redevelopment?
Mr. Kay: You're talking about the Performing Arts.
Commissioner Winton: No, I'm talking about 1-395. Will I-395 impact this site? The
redevelopment of I-395, when it gets redone, will it impact this particular site? The reason I ask this
question is because if you're going to change this particular right-of-way allowance, which will allow
9 November 16, 1999
for higher density development, which is what, it seems to me, is being requested here -- then, if
I-395 is to be realigned in some fashion or another and that realignment requires that particular site, if
we are short -sited and allow the developer to build a higher density project there, when we know
something is coming down the line, I think it's g,ing to cost the public more if we allow that.
Mr. Kay: This is just a reduction of street width. Right now we have --presently have three driving
lanes westbound. That is not likely to change as a result of anything happening to 1395. There are a
lot of questions about 1-395 at that location, including, at one point, considering going below ground,
I think.
Commissioner Winton: Right.
Mr. Kay: So, there's still -- if we had a more definitive plan at this point, I could better answer your
question. But there's no definitive plan on 1-395 right now.
Mr. Donald Warshaw (City Manager): And correct me if I'm wrong. Commissioner, this doesn't, in
any way, impact or affect the density of the construction of the unit. It's just impacting thewidth and
it's, basically, asking for a variance that will reduce it from 70 feet to 50 feet.
Mr. Kay: Fifty feet is our standard street width.
Commissioner Winton: So, it will not impact density?
Mr. Kay: No. Density, that's another issue.
Mr. Warshaw: Well, that's a separate issue that the Commission will either address or possibly has
already addressed and I'm not sure.
Mr. Kay: No. That probably will be an issue later on that will be addressed.
Commissioner Winton: Well, then, I guess, if it's going to be an issue later on, I'm not sure I
understand why we're...
Mr. Kay: I think that -- reason why I say it that way is that there are some properties along the north
side that are looking to be redeveloped in that area and, certainly, they have an opportunity to request
any kind of variances that they want to, and that would always come before you, before this
Commission. So, that's why I said it's going to happen later on.
Vice Chairman Gort: Let me ask you a question and you can probably answer very simple. My
understanding is in the calculation of the width of the street, the City, present, does not own the
street.
Ms. Gelabert: That street, no, sir.
Vice Chairman Gort: OK. So, the person who wants to develop can use that land that he has in
order to comply with the Floor Area Ratio? Is anybody here from Planning? OK. My
understanding is that the width of the street is, the City will have to buy it later on if they need it —
they need it to dedicate it. Is thatbeing dedicated to the City, at all?
Mr. Warshaw: I don't know the answer to that, Commissioner.
10 November 16, 1999
Mr. Kay: There is going to have to be like a five-foot dedication on this.
Vice Chairman Gort: Right.
Mr. Kay: Even as a result of this rezoning.
Commissioner Winton: Say that again.
Mr. Kay: There still is -- right now the street is built out to the-- like a 40400t width.
Commissioner Winton: Right.
Ms. Gelabert: It's below our minimum standards. For five foot on each side of thestreet, there still
is going to have to be a five-foot dedication on one side of the street.
Commissioner Winton: OK.
Vice Chairman Gort: The question is, if the FAR (Floor Area Ratio)-- please state your name and
position.
Ms. Ana Gelabert: Ana Gelabert, Director of Planning and Zoning Department.
Vice Chairman Gort: Ana, the question is, right now this property has-- in the future there should be
— the road should be 70 feet, a dedication. So, in other words, this property owner will have to
dedicate "x" amount or the City will have to buy from. The City right now does not own that land.
Even though they have that dedication that could take place in the future, can they use that land as an
FAR right now, as it is?
Ms. Gelabert: I don't know the answer to that, but I can check to make sure.
Vice Chairman Gort: OK. What do you want to do, Commissioner?
Commissioner Winton: I'm just not sure I understand then, given the questions that can't be
answered here, why we're rushing to make this decision. It seems to me that, if this --excuse me. It
seems to me that, if this particular property owner will gain a new right and that new right is to build
a higher density project on that site tomorrow, and we have 1-395 redevelopment coming down the
road and that redevelopment of 1-395 will impact that site, and the state or the feds or the City or
whomever has to take part of that site to do the realignment of 1-395, then we've created a much
higher public cost in making this change today than, it seems to me, is necessary. So, I'm not sure
why we're rushing to make this change when you've got the kind of public sector changes that are
going to be going on in that area. That's my question.
Vice Chairman Gort: Why don't you all try to get the answers to those questions and come back
later. We'll bring it back later.
Mr. Kay: OK.
Mr. Warshaw: We will.
Ms. Adrianne Pardo: Excuse me. Commissioner Gort?
11 November 16, 1999
Vice Chairman Gort: Yes.
Ms. Pardo: I represent the property owner. Could I just address some of those questions?
Vice Chairman Gort: Who are you?
Ms. Pardo: My name is Adrianne Pardo, with law offices at 1221 Brickell Avenue. I'm here today
on behalf of the owner, Jay Prinsey. Some of the questions that you were asking with regard to FAR,
if I could address them? In the City's Zoning Ordinance, FAR is calculated on the gross lot area.
Meaning that, in addition to the land that you own, you get to go halfway into the street and add that
to the FAR. Here, it's not changing much differently because what were asking for is, in this
particular case, the standard lot-- the standard street width in the City is 50 feet. This particular road,
though, has a requirement stated in the Code that it need to be 70 fert, as Mr. Kay had stated. Right
now it's already existing at 40 feet. My client would be required to dedicate an additional-- if it's
reduced to 50 feet, he'd still have to dedicate an additional five feet during any approval building
permit process. The problem is that, with a 70-foot wide dedication, the Public Works Department
has looked at it, and it's my understanding, determined that it's not necessary that this street --
particular street have a width of 70 feet. Also, it affects the developmentof the property as to what
can be built on this property because of-- if he has to dedicate another 35 feet, then it's a— you know,
obviously it's going to cut into his property as to the width of it. And that's why there's the need.
Vice Chairman Gort: I understand.
Ms. Pardo: Also, he wanted...
Vice Chairman Gort: But the problem— that the question that arises is, yes, you're allowed to build
that and you build that. Then, later on, the state comes and says they need to widen the street aid
then they need to buy the property and they have to pay a lot higher. My suggestion is, why don't
you consult with the State's Law Department and come back later after lunch, all right?
Ms. Pardo: OK.
Vice Chairman Gort: Get a question answered by the state.
Ms. Pardo: OK.
Vice Chairman Gort: Thank you.
Ms. Pardo: Thank you.
Note for the Record: Item 4 was tabled until later in the agenda.
12 November 16, 1999
S. ALLOCATING $5,002,050 OF TWENTY-FIFTH (25 ) YEAR COMMUNITY.
DEVELOPMENT BLACK GRANT (CDBG) FUNDS TO FUND MUNICIPAL
SERVICES/COMMITMENTS IDENTIFIED ON PAGE 170 OF THE CONSOLIDATED PLAN;
ALLOCATING $253,665 OF EMERGENCY SHELTER GRANT FUNDS TO THE CITY OF
MIAMI HOMELESS PROJECT, REPROGRAMMING $1,162,351 OF PREVIOUSLY
ALLOCATED CDBG FUNDS.
Vice Chairman Gort: Five. Item 5. Twenty five. There's a lot of questions on these CDBG's
(Community Development Block Grants).
Mr. Dan Fernandes: Dan Fernandes, Assistant Director at Community of Development. Item 5
deals with the reprogramming of some Community Development Block Grant funds, as well as the
allocation of municipal programs identified previously in the Consolidated Plan on page 170, and
also the allocation of Emergency Shelter Grant funds.
Commissioner Regalado: OK. On your proposal here, Lot Clearing: four hundred thousand dollars
($400,000). How much did we spend last year in Lot Clearing?
Mr. Fernandes: We had allocated approximately four hundred -- we had allocated four hundred
thousand dollars ($400,000) last year. There's approximately hundred and sixty-four thousand
dollars ($164,000) remaining in that particular allocation. So, there will be approximately five
hundred and sixty thousand dollars ($560,000) in the coming year.
Commissioner Regalado: Right. So, we are going to - I propose we're going to reduce by a hundred
thousand dollars ($100,000) the Lot Clearing and use that money, Commissioners, for- to fund
another worthy projects. That will be my proposal, to reduce hundred thousand dollars ($100,000)
from the Lot Clearing. In fact, you say that we have - we spent, roughly, three hundred thousand
dollars ($300,000) in Lot Clearing?
Mr. Fernandes: No.
Commissioner Regalado: And we did...
Mr. Donald Warshaw (City Manager): Less than that.
Mr. Fernandes: Two hundred -- a little bit less than that.
Commissioner Regalado: OK. So we had surplus, almost two hundred thousand?
Mr. Fernandes: Hundred and sixty-four thousand dollars ($164,000).
Commissioner Regalado: You're requesting four hundred thousand?
Mr. Fernandes: Correct. An additional four hundred thousand dollars ($400,000). Now, keep in
mind, Commissioner, one of the reasons that the additional funds have been requested is, as part of
our HOME ownership activities, we anticipate to be doing a lot of activity within the revitalization
zones to establish locations for those properties, so that was one of the reasons for that addition.
13 November 16, 1999
1
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Commissioner Regalado: Well -- but we have demolition. You have money allocated for
demolition, which is another separate issue but it's related to the Lot Clearing. We have done many
lot clearings in the past - in the past years, and I know that that was an issue that the Commission
dealt with. Even if we - and I know that the will of the Commission is always to go forward with the
projects, but I'm concerned that you're taking away money from other worthy organizations and
you're increasing the amount in Lot Clearing. So, my issue will be to reduce, by hundred twentyfive
thousand dollars ($125,000), the lot clearing and use that to fund another project and another- in
fact, another organization.
Mr. Fernandez: That's fine, Commissioner.
Vice Chairman Gort: There's going to be a need, according to your policies and what you dictated
before, you're going to award the funding according to performance. Now, when 1 look at the books,
one of the top agencies that performs the most and had done the most for the last four years, they're
not getting their fair shares, and that's something I'd like to discuss. My understanding, at the same
time, you are -- right now you're supposed to be collecting from the property owner, the cost of doing
the lot clearing, am I correct?
Mr. Fernandes: There are liens that are placed on those particular properties.
Vice Chairman Gort: OK. So, that money should be going back into that pool and, as we collect that
money, we should reduce the allocations to put into the neighborhood?
Mr. Warshaw: Correct.
Commissioner Regalado: Of course. And it goes - mind you, it goes to the general fund.
Mr. Warshaw: That's correct. And it's not a problem taking this hundred -- we got a late start last
year.
Commissioner Regalado: I understand that, but I just want to make sure because I think it's
important that what Commissioner Gort- Chairman Gort said, we use CDBG funds to clean the lots
and, then, when we get paid, that money goes into the general find. I'm telling you, we could use
that for capital improvement because that's what CDBG funds are for. And, so, I'm proposing to use
hundred and twenty-five thousand dollars ($125,000) out of the Lot Clearing, and the Commission
will decide on the different programs. Is that agreeable with you, Mr. Manager?
Mr. Warshaw: Yes, sir.
Vice Chairman Gort: Right now we're discussing the allocations in different funds. This is supposed
to be a public hearing, so to give an opportunity to Commissioner Teele to get here, why don't we
open it up to the public? Now, we're addressing...
Mr. Fernandes: Commissioner Gort, let me point out one thing to you. The item that we're working
on right now is not...
Vice Chairman Gort: It's not a public hearing.
Mr. Fernandes: ...the item that deals with Economic Development agencies. This isthe municipal
projects.
14 November 16, 1999
Vice Chainnan Gort: Deals with the City alone. OK.
Commissioner Sanchez: This is only for City projects?
Vice Chairman Gort: City projects.
Mr. Fernandes: That's correct.
Commissioner Sanchez: So, not allocations of CDBG funds to...
Vice Chairman Gort: No.
Mr. Warshaw: No.
Mr. Fernandes: That's correct.
Mr. Warshaw: That's another item.
Commissioner Sanchez: Which item is that?
Mr. Warshaw: That's number 8.
Commissioner Sanchez: OK. Well, I have...
Vice Chairman Gort: Six...
Commissioner Sanchez: I'll reserve about two minutes on that item.
Vice Chairman Gort: ... seven and 8. Any other questions? I'm song, ma'am. This is not open to the
public on this one. Thank you. Any other questions on the funds to be utilized by the City?
Mr. Alejandro Vilarello (City Attorney): Commissioner, I think you -- there might have been a
misunderstanding. This still is a public hearing. It's just on a different item than the onethat you
have...
Vice Chairman Gort: Well, that's what I'm saying.
Mr. Vilarello: It's still a public hearing.
Vice Chairman Gort: It°s Item Number 5.
Mr. Vilarello: Item 5 is a public hearing.
Vice Chairman Gort: They want to address Item 5, which is not the allocation to the agencies. This
is not the allocation to the agencies. This is Item 5, which discusses the NET (Neighborhood
Enhancement Team) Inspection and projects by the City of Miami utilizing the CDBG funds. Yes,
ma'am. Go ahead.
Ms. Mary Hill: This is me again, Mary Hill, founder of the Economic Opportunity Acts and
Amendments, Title 20, the Revenue Sharing and the whole nine funds. I still see under these
different projects that the CDBG funds are being recognized very highly here under labeling and not
15 November 16, 1999
carried out by directives by the National Director, as my duties allow me to do. And under my
promulgating and investigated, I have found CDBG funds is being diverted in different manners,
which I still would talk on Section 8 on -- out of eight here today and, I will bring it to their attention
again about those CDBG funds and its directives. So, I'm asking all of the CDBG funds, which been
amended, if it's not CDBG funds, to be held until the right set up is in phce, then we do business
according to statutory laws. Thank you.
Vice Chairman Gort: Thank you. This is Item 5.
Mr. Mariano Cruz: Item 5, but it could be applied generally to CDBG block grants. I'm going to
refresh the memory. I'm going by the book from HUD, 570.2 General Provision -- first, Mariano
Cruz, 1227 Northwest 26th Street, Miami, Florida, 33142. The primary objective of the Title I of the
Housing and Community Development Act of 1974, as amended, and with its Community
Development Program was each grantee, under the title is a development viable urban community by
providing decent housing, a suitable living environment, and expanding economic opportunities
principally For persons of low/moderate income. What is low income? As defined by person that's
got an income equal to or less than the Section 8 guidelines of HUD. That was start by HUD,
believe me. And now can go on. But, the main thing is these monies of Community Development
are supposed to be used in poor communities, for development of the community. It's not supposed
to be used for the general use of government first, unless extreme necessity or emergency or for up to
20 percent cap on salaries or administration. Because here take over right today, 20 percent salary. I
mean, administration. Because the money supposed to be used for that. That's why I pay a lot of
federal taxes. For my monies -- that's why I participate in Community Development-- to make sure
that my -- the money I sent to Washington come back for my community, for the old people thing or
for the air condition for King High Tower, not for the air condition of the fire station. While they've
got other sources --they got monies coming from the fire fee and the fire assessment, right? Why
should they use this money for that? Because there's an item there for that. I am completely against
those money or those money being used for the general use of government, unless it's code
enforcement or something or parks in poor areas that contribute to the quality of life of the poor
neighborhoods. That's what those monies are supposed to be used for. Thank you.
Vice Chairman Gort: Thank you, Mariano. My understanding, these funds are to be utilized in the
NET, Building and Zoning Inspection, Community Development, (unintelligible) Inspection, in the
area needed. They cannot use it outside those target areas. Those funds have to be used in the target
areas only. Am I correct?
Mr. Fernandes: That is correct, Commissioner.
Commissioner Regalado: No, no, no, no.
Vice Chairman Gort: OK. Let's discuss that.
Mr. Fernandes: The funds that we have here, identified are for activities in the commercial
revitalization districts identified in your Consolidated Plan.
Commissioner Regalado: You might remember that the City Commission voted in favor of
extending the facade program to Southwest 8 Street. That is not a target area.
Mr. Fernandes: Again, Commissioner, this particular item does not deal with the facade program.
We're talking about Code Enforcement activities.
16 November 16, 1999
Commissioner Regalado: Wait, wait, wait, wait. Is this Item 5? It's the same that is here? Probably,
my back-up information is wrong. This is Item 5, and I see here all the grants change of Community
Development Block Grant Funds...
Mr. Vilarello: Mr. Chairman?
Mr. Fernandes: Sir, the advertisement...
Commissioner Regalado: Fair Housing, Economic Dev...
Mr. Fernandes: ...itself combined Items 5 and 8. So, what you have here is a consolidation of two
items. It was to advertise the public hearing regarding the CDBG funds. Item 5, however,
specifically deals -- what we're talking about now anyway are the Code Enforcement activities and
the Lot Clearing activities.
Commissioner Regalado: No, no, no, no. Why, then, I have as back-up, documents other than Code
Enforcement?
Mr. Fernandes: Again, what you have here is a copy of the advertisement that was utilized and it
was utilized for both the item number 5 and number 8.
Commissioner Sanchez: I have a question for the City Attorney.
Vice Chairman Gort: OK.
Commissioner Regalado: Well...
Vice Chairman Gort: Let's let the City Attorney answer the question.
Mr. Vilarello: The notice of public hearing, Commissioners, provides the notce for the items which
are within item 5, as well as the items in number 8.
Commissioner Regalado: Excuse me. Mr. City Attorney?
Mr. Vilarello: Yes, sir.
Commissioner Regalado: I just want to make sure that we will not approve Item 5 and, then go on
to other items, without revising this number. You gave us, as a backup information in Item 5, some
grants that now you tell me should belong to Item 8? Is that what you're saying?
Mr. Fernandes: The back-up that you have is the public notice, sir, which includes both Item 5 and
Item 8. The public hearing identifies the municipal commitments that you have in this particular
proposed legislation. You have the exact backup that you have to Item 5, as part of your back-up to
Item 8. That particular item deals with the Economic Development agencies.
Mr. Vilarello: Commissioner, if I may?
Mr. Warshaw: Commissioner, if you're talking about the hundred and twenty-five thousand that you
want to pull out of Item 5 and reprogram it, you know, with that understanding, if this motion passes,
you'll have the opportunity to...
17 November 16, 1999
Commissioner Regalado: Oh, no. I know that. But there are other issues here that need to be
discussed.
Mr. Warshaw: I understand.
Vice Chairman Gort: My understanding, from what I -- information that I'm getting from the
attorneys, what we're dealing in Item 5 is what you have the expenditure that the City has put aside,
which is the Consolidated Plan at one point five for the target areas. The allocations to fie agencies
will not take place in five. They will take place in the other issues.
Commissioner Regalado: Does quality of life enhancement fall into Item 5?
Mr. Vilarello: Yes, sir.
Commissioner Regalado: It does?
Mr. Fernandes: Yes, sir.
Mr. Vilarello: Commissioner, if you look at the resolution, which is the last item in your package on
item number 5, it details the projects and the reprogram from projects on pages four and five of the
resolution. And if you consider Item 5 as presented to you today, it would have that list of items.
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: Yes. Thank you, Mr. Vice Chair. City Attorney, the process established in
the notification or the advertising, would that-- on your term, would that be a proper thing to do? Is
it legal?
Mr. Vilarello: Yes, sir. The notice is attached for the purposes of providing proof of publication of
the advertisement, and it can incorporate all of the reprogramming --the point of the advertising is to
give the public knowledge and awareness of the recommendation of the City Administration to the
City Commission, and that there will be a public hearing and that this City Commission, after the
public hearing, will make determinations as tothese -- distribution of these funds and the reallocation
of these funds.
Commissioner Sanchez: The key word here that I've always emphasized, basically, has been
simplifying things because the process itself --and it's a very complicated process. Although you try
to please everyone, I know, in the long run, you cannot please everybody. But I think that the
process needs to be improved. I think, somewhere along the line, where we have not had the proper
experience to deal with the changes that have been going on, on this -- I mean, there are rules and
regulations set by HUD that we must comply with and I think that, in the past, we have basically
done our best to try to comply with them, but we have fallen short in some ways and sometimes.
The key word is simplifying the process where people are not --you know, they get to a point where
they get confused on it. Because I, basically, on the item is now --I didn't know whether it was item
five or eight pertaining on what CDBG would establish. But the one thing that I think that
emphasize or I would like to emphasize and the Commission to set forth is that, you know, simplify
the process so people are more comfortable dealing with it. Because right now, it's just like the
budget. It's too complex.
Mr. Fernandes: Point well taken.
18 November 16, 1999
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Mr. Chairman, thank you very much. Mr. Chairman, at an appropriate time,
I'd like to make a statement regarding the passing of the late State Representative Joe Lange
Kershaw, who was the first African -American elected into the legislature since reconstruction, who'll
be funeralized today, and I'd like to make that statement closer to noon. Mr. Chairman, I couldn't
agree more with what Commissioner Regalado and Commissioner Sanchez is saying. This process
is very unart -- inarlfully, unartfully... Inappropriately -- I don't want to use the word inappropriate.
Because it really is the way it's being presented and I think, rather than complaining aboutstaff, I
think we need to look again at ourselves in what we have allowed to develop. Because there's this
sense, you know, that staff is wrong but staff is not wrong. I mean, it's sort of like they're doing
whatever they can get away with in this, and Eve need to establish some very clear parameters. We
have not done that. We did it, I think, in the first year that I've been sitting here, but we did not do it
this year for a number of reasons. First, we changed the fiscal year from, I think -- and I want to put
this on the record, particularly, because we're joined by a new colleague, that we changed the fiscal
year for CDBG funding, which should have been done years ago, but we changed it from July 1 to
October 1, and that has a lot of different implications. But one of the problems that has occurred is
that we never really properly put a calendar together as it relates to what we want to see and when we
would like to see it. And, Mr. Attorney, I would appreciate if you would prepare a resolution
regarding the calendar, if you will, for next year, beginning, you know, today, with how the process
should evolve. But the first thing is this. We should-- well before this process begins, we should
make a preliminary allocation as to the percentages of dollars that we would like to see in each
category. In other words, today we have before us Economic Development as a category and I think
we need to stick with the seven categories that are contained in the CFR, that is, in the federal
regulation. I have seen more categories created here in the City of Miami than I've seen in my entire
political career. There are only seven categories and the funding should be allocated based upon
those seven categories in the CFR, and we need to interact with the staff early on in telling you what
percentage of money we want to see in each category. For example, I think the easiest thing we can
all agree on is that we're going to have to put the legal limit in administration. Because that's how the
staff has funded. That's how the program is put together. And one of the things that we've been
criticized is not having sufficient staffing, and I think we've made a lot of steps. How many people
have we hired in the last year in Community Development, approximately?
Mr. Warshaw: I don't know the exact number. We've hired a substantial number, though.
Mr. Fernandes: Approximately forty.
Commissioner Teele: We've hired approximately forty people. And the reason we've hired them is
because the Federal Government said, "If we don't get more staff to monitor this program and
manage it properly, they're going to suspend us or they're going to put us -- take an action against
us." So, the first thing is administration. We agree on administration as twenty percent. The next
thing is on Community Service. The legal limit on Community Service, with the exception of the
Meek Amendment, is fifteen percent. Is that right?
Mr. Fernandes: That's correct.
Commissioner Teele: So, we know that we have the fifteen percent limit. And, then, from there I
think we have to look at the other five categories of funding and make decisions based upon your
recommendation, and this should happen literally in the month of February, April, May or June.
Somewhere in there. It needs to happen well enough upstream that we're not down here doing now.
Because what we're doing now is we're making decisions on how much money is going into
19 November 1 G, 1999
s _
Economic Development without voting on it. I mean, we're being driven by the staff process onthis
and that's wrong. And that's what Commissioner Sanchez is expressing frustration about, and I join
him in that. Because we're, literally, just rubber stamping now the recommendations or the decisions
that you're making for us and, quite frankly, it means that the Commission has very limited latitude.
Now, the area of Fair Housing is not an area. We all agree on that. There is an area called Housing,
right?
Mr. Fernandes: That's correct.
Commissioner Teele: And all of it-- all of the programs under Housing should be funded under the
Housing category, in accordance with the CFR, and if it's Fair Housing, if it's...
Mr. Fernandes: One thing about Fair Housing, sir, is that comes out of the administration cap. That's
federally mandated.
Commissioner Teele: So, that's out of administration?
Mr. Fernandes: For the fair housing activities.
Commissioner Teele: And that's what I'm saying, is that one of the problems that you've got right
now is just reconstructing what we've done in Community Development for the last 23 years. That's
one of the biggest problems you've got. You've had that problem for the two years that I've been
here. I've asked, repeatedly, for where we are? We've passed resolutions. We even passed an
ordinance, directing that Management and Budget provide us with an analysis of previous year.
Somewhere along the line, it got transferred to Finance. It got --but the fact of the matter is, we still
don't have that. Fart of the problem, Mr. Manager, Commissioners, is that we are allowing a process
to be written up that is so inartfully (sic) drafted that no one can audit it or follow it three years later,
when the notes have gone cold. The publication in the newspaper should be very clear. It should list
the categories of the CFR -- of the statute. And, Mr. Attorney, I hope you will -- you know, because,
you know, you and I had a disagreement on what I see as a major deterioration in the Law
Department about the way Community Development is being handled. But you've got categories
here that don't even exist in the CFR. There's no such thing as a Quality of Life Enhancement in the
CFR. That's something internal to us. And if we want to do that, it's nothing wrong with doing that
but it shouldn't be characterized as that because this notice should parallel what the CFR says. And
the reason we met on this the last meeting is because the Federal Government said we didn't do the
notices proper and correct. Is that a fair statement, Mr. Attorney?
Mr. Vilarello: That they were concerned about the public's participation in the process.
Commissioner Teele: They were concerned about the public participation and, specifically, the
notice provisions. And, so -- I mean, I'd rather stop or suspend this process or deal with whatever
public issues Commissioner Regalado and Commissioner Sanchez and my colleagues,
Commissioner Winton want to deal with but, as far as I'm concerned, I'd rather see us start now and
do this right. I'd rather see this whole thing readvertised, readvertised in an appropriate manner that
Commissioner Sanchez is saying, and give us a document that we can be proud of. I mean, we've
got to keep --we've got to stop just always approving something because we don't have a choice. So,
when Commissioner Sanchez or Regalado or Winton make a motion, I'm going to be supporting it
because I really do think that this is extremely confusing to the public. I don't think that it's intended
to be. I see on this project of considerable concern is the -- and I'm not picking on anybody,
Commissioner Gort, but...
20 November 16, 1999
Vice Chairman Gott: You're picking on Commissioner Winton, too.
You're picking on two.
Commissioner Teele: Picking on two. Why am I picking on the two of you all?
Vice Chairman Gott: That's Winton's district.
Commissioner Teele: But I haven't said what it is. But the thing that really bothers me is that I don't
like -- and I'm going to say this very clearly -- I do not like to take money from one area,
geographically, and put it into another area. There are too many ways to deal with that. It sends the
wrong message. And this is a fragile community. I remember, as a citizen, watching how money got
taken out of a swimming pool in Hadley Park and put in another area, and it doesn't look good. You
know, it may be -- the intentions may be sound. It just doesn't look good when you take money from
the Virrick Park -- or from Jose Marti Park and put it in Virrick. It doesn't sound right when you take
money from the Armsbrister Park and put it in the Virrick Park. Now, those are perhaps in the
same...
Mr. Warshaw: There's a reason.
Commissioner Teele: ...Commission district and I certainly would respect if a Commissioner wants
to move dollars around. But the point is this: if we're going to reprogram dollars, then, we should go
out and do what we've instructed you to do, which is to reprogram dollars. And I want to put this on
the table.
Commissioner Sanchez: Mr. Teele, could you...
Commissioner Teele: I'll yield.
Commissioner Sanchez: ...yield for me? Thank you. Just to address the issue that you brought forth
that says that money will be relocating from Jose Marti Park to the Virrick Gym. I studied the issue
because I sat down with Parks and Recreation and as a Commissioner one of the toughest things that
the Commissioner could do here is basically say, I'm going to give something away from my district
and give to another district, and I think that taking that process forward will show that a
Commissioner will go outside his district...
Commissioner Teele: Right.
Commissioner Sanchez: ...to show not only district leadership, but City leadership, which is
something that I will like to elaborate on this. That money that's taken from Jose Marti money is
money that, if we do not allocate and use before the end of the year, we will lose that money. So,
instead of me losing that money for my park, I am willing to give it to another park in the City of
Miami so they could have implement; that always with an agreement that later on, when the process
has cleared a year from now, that that money will be relocated back to my district so we could move
forward with the program in my parks. So, I think what it shows here, not only as myself or all the
Commissioners, sometimes we have to look outside the box, not look from inside the box in showing
that, you know, we're willing to expand not only for our district but the whole City.
Commissioner Teele: Commissioner, and I commend you. But let me give you mother
counterpoint to that. I think we should not take ourselves so seriously that the communities in these
neighborhoods know exactly what we're doing. When they read it in the newspapers -- and that's
what I'm talking about, the kinds of dialogue and discussions that go on, the kind of unintended
21 November 16, 1999
ca 0
consequences of things that you and I may not even think about, that are said over the coffee cups or
over the Senior Center. I agree and I commend anyone who moves funds from one district to the
other for the greater good.. But let me just say this. Somebody needs to be very clear when they said
to you what they said to you, that they're going to lose this money. That is, we're talking now-- not
about Park Bond money, but CDBG dollars. What year are these dollars coming from? What year?
Because the Commission has a stand -- the Commission has a standing instruction, OK? And, Mr.
Attorney, I want to put it on the record right here and now. The standing instructions are, is that all
reprogrammed dollars will be made available for the purposes of the redevelopment, as implemented
by the twenty-five million dollar ($25,000,000) Plan, OK? And you know and I know-- and I'll put
it right here on the table -- that there's about thirty to forty-five million dollars of CD (Community
Development) funds that are available for reprogramming, OK? The amount is staggering. And the
reason that the Commission made the decision we made --Commissioner Sanchez, I don't think you
were here at that point-- is that all reprogram dollars would be made available, first and foremost, for
the redevelopment areas that have been outlined in the area. And were running around right now
trying to get the money for the redevelopment over there in the Omni area, right now, beggingthe
County for the funds. And if there's going to be park dollars reprogrammed, it needs to be done
consistent with the resolutions and the ordinances of this Commission. I'm not objecting to it and I
commend it, but at some point we're going to have to have a real discussion before the end of
December. Because I'm not sure, Commissioner Sanchez, that the statement you made, that it was
presented to you as one hundred percent accurate, in the context that if these specific dollars are not
reprogrammed from CDBG -- these dollars. I'm not talking about any dollars but the ones you just
spoke about, that we're going to lose it. I would like to see the legal opinion or, at least, have the
lawyers to provide me with a legal opinion as to that specific issue,as to why those dollars are going
to be lost.
Vice Chairman Gort: Commissioner Teele, before I yield to Commissioner Regalado. I want to ask
a question to the attorneys. You were asking to -- my understanding, you're asking to defer this
process and...
Commissioner Teele: No, sir, I'm not. I'm just simply indicating that I'm going to support those
Commissioners who are not comfortable with the way this looks because...
Vice Chairman Gort: OK.
Commissioner Teele: ... it's not done properly.
Vice Chairman Gort: But my understanding is, do we have --decisions have to be made today, am I
correct or not?
Commissioner Sanchez: Well, once again...
Mr. Fernandes: The decision does not have to be made today.
Vice Chairman Gort: Does not have to be made today.
Mr. Fernandes: I mean, the funds are there. The funds are targeted to these particular areas and the
Commission, at any time, can reallocate or allocate these programs-- these funds as they feel fit.
Vice Chairman Gort: No, I understand we can reallocate and do whatever is necessary, but do we
have to make a decision today of the final...
22 November 16, 1999
Mr. Raul Martinez: Commissioner, Raul Martinez, Assistant City Manager. As to the
reprogramming moneys from one park to the other, from one sidewalk to the other, we were advised
a couple of months ago that these moneys were at risk that, if we did not spend it by a certain time
frame, the end of September of next year, we may have to -- we would have to give back the money.
When we were told that, the Public Works Department and the Parks Department looked at all the
projects and said, "Yes, we can spend it on the sidewalks and the ones that like Jose Marti, that was a
longer project, we will move it to projects like Virrick Pa>k, that will be completed by that date."
Commissioner Sanchez: Raul, if you would allow me for just a minute. And I think that sometimes
things need to be clearly, clearly identified and discussed. Jose Marti Park, we had the
implementation of building a building for parks there. However, we were in the process of buying
several lots to extend the park. Due to the process that the owners of the property did not want to sell
the property -- and it's in litigation right now or in court or pending litgation -- we were not able to
buy that property as it is right now. Therefore, we will be jeopardizing four-- five hundred -- almost
half a million dollars ($500,000) for that project. So, the best thing to do is relocate that money to
another park in the City that needs it.
Commissioner Teele: I agree.
Commissioner Sanchez: In that way, next year, when the funds come available and we're able to buy
that property, I'm sure that money will be reallocated back, as it is right now. Yes. You know,I'm
glad to say that I'm willing to make a sacrifice in my district for the betterment of other districts and
the whole community as a whole. But, also, Mr. Winton is also making a sacrifice, to give me a
hundred fifty thousand dollars ($150,000) from Downtown Street., and Sidewalks to the Artime
Center Project. He's also given me money for other projects in my community. So, that clearly
sends a message that we're all willing to work together. And I'll tell you, one of the things that I've
always said that has divided this community has been the districts. Because it creates a turf war.
And I'm glad that the Commission up here doesn't feel that way because we're willing to work and
implement projects such as sidewalk repairs, not in my district, but inArthur Teele's district. So, I'm
just here to say that, as a Commissioner, I'm going to make decisions that-- we're all going to make
decisions that may not benefit our districts but as long as it benefits the whole City as a whole.
Vice Chairman Gort: Commissioner Regalado. Guys, we have to make decisions.
Commissioner Regalado: Would you-- I'm song?
Vice Chairman Gort: Go ahead.
Commissioner Regalado: Would you feel more comfortable if we addressed Item 9 first? Because
you seem to be...
Mr. Warshaw: You mean Item 8, I believe.
Commissioner Regalado: I'm song. Eight instead of five? Because what you're saying is that this is
all combined. And what you're telling us that we cannot move the funds from this area to another
area.
Mr. Fernandes: Commissioner, that's not what I'm trying to tell you. You can move monies from the
one area to the other area. That's not the case. All we're saying is that the way the legislation is
proposed here, there are two separate items: one dealing with the municipal programs, the
reprogramming, and the other with the Economic Development Agencies.
23 November 16, 1999
H,
Commissioner Regalado: Then, Mr. Chairman, I -- Commissioner Teele wasn't here when I
requested from the administration, and they agreed, to take a hundred and twenty-five thousand
dollars ($125,000) from the Lot Clearing program, to use it in another fund. And I'm proposing, if
the Commission agrees, to reduce by fifty thousand dollars ($50,000) the Department of Real Estate
and Economic Development. I know that this is a newly created department. This money is going to
be used for personnel hiring and benefits. And I really think that there is a need for capital
improvement. There is a need for projects throughout the City, regardless of any district. And I feel
that it's a more urgent need than this amount that has been proposed to us here. And this is riot taking
from one district to another. It's just taking --reducing some of the funds so the Commission will be
able to use it in other projects.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes. Mr. Teele.
Commissioner Teele: May I inquire? Has the public hearing been held?
Mr. Vilarello: The public hearing was open and we're currently within the publb hearing.
Commissioner Teele: But has everybody spoken that's going to speak on these issues?
Vice Chairman Gort: In this one item, number five, yes.
Commissioner Teele: Well, if Commissioner Regalado's requests is to be acceeded to, then, dm't we
have to open the public hearing on item number eight, as well?
Vice Chairman Gort: Well, right now, what I'd like to do is deal with item number five.
Commissioner Teele: Number five.
Vice Chairman Gort: Keep it separate and not mingle it together. We can come to Item 8. Now, the
question that I have on Item 5. My understanding, this is a notice of the public hearing, so we will
not be voting on the Community Development / Economic Development that is here. This is where
the confusion comes from. And package -- and number five is the back-up material.
Mr. Fernandes: What you're actually voting on, Commissioner, is page four and five of the
resolution. That's probably the simplest way to portray it to you. It will give you a list of each of the
projects that is recommended for funding. On page four will be the municipal projects. On page five
you'll have a listing of the reprogram funds.
Vice Chairman Gort: OK. That's what we voted on, Item 5, and that's what we discussed.
Commissioner Regalado: OK.
Vice Chairman Gort: So, I imagine this public hearing is closed on this Item 5.
Commissioner Regalado: So, a part of Item 5, hundred and twentyfive thousand dollars ($125,000)
of the Lot Clearing process; fifty thousand dollars ($50,000) of the Department of Economic
Development Real Estate. That's my proposal on Item 5.
24 November 16, 1999
Commissioner Teele: Wait, wait, wait. Hold it, hold it.
Commissioner Sanchez: Wait, wait, wait.
Commissioner Teele: See, and this is where you're in box, you know. I hear what you're saying but
the way this has been broken down, you can't do -- I want to do what you want to do, I think, but you
can't take money from Item 8 and put it in Item 5 now because of the way the public hearing wa;
held. See, that's why I said...
Mr. Warshaw: Commissioner, what-- and there was discussion...
Commissioner Regalado: They said no.
Mr. Warshaw: ..just before you came here. It's not a problem to take out the hundred twentyfive
thousand from the Lot Clearing, fifty thousand from Real Estate and Economic Development, and
when Item 8 comes up, that hundred and seventy-five thousand can, then, be reallocated when you
open up the public hearing and make a decision on Item 8.
Commissioner Teele: Where is the money going-- just tell me where the money is going.
Mr. Warshaw: I don't think Commissioner Regalado has identified a particular place for that yet.
Commissioner Teele: Well, you've got to put the money somewhere, unless yo4e going to...
Mr. Warshaw: Well, I think...
Commissioner Regalado: No. Commissioner, if I may?
Mr. Warshaw: ... that will happen when Item 8 comes up.
Commissioner Regalado: If I may? It's just that I was told that we cannot deal with that until we get
to Item 8. So, before we leave Item 5, I was trying to get some money so the Commission can decide
on Item 8, which are the priorities. So, this is why I'm doing this, following the attorney's and the
administration's advice. But we do have to vote on Item S. So, this is why I'm taking or trying to
take some money to use it on the other items that would come up as we follow.
Vice Chairman Gort: My understanding, Commissioners, what we're trying to do here is reduce
some of the expenditures that is being utilized by this City and put those funds later on, when we
start dealing with Item 8 -- my understanding, some of the agencies and the individuals that are here,
that feel they have not been adequately funded and we might want to make the decision to utilize
those funds, to go ahead and fund -- and that will be a public hearing that will take place on number
8.
Commissioner Teele: I second the motion.
Commissioner Sanchez: Discussion.
Vice Chairman Gort: Discussion.
Commissioner Sanchez: I just have a question. Does the incentive plan fall under this? Does the
incentive plan for...
25 November 16, 1999
i 71't
Mr. Fernandes: Not under this category.
Commissioner Sanchez: Under...
Mr. Fernandes: That will fall under Item 8.
Commissioner Sanchez: OK. All right. OK. No discussion. Ready to vote.
Commissioner Teele: Discussion.
Vice Chairman Gort: Discussion.
Commissioner Teele: Mr. Chairman, would you ask the Attorney to restate the motion exactly the
way...
Vice Chairman Gort: Mr. Attorney, will you read the resolution?
Mr. Vilarello: Yes. The motion would-- the motion was to amend the resolution that's before you
on Item 5 by reducing Lot Clearing allocation from -- which is currently allocated at four hundred
thousand dollars ($400,000) dollars, reduce that by hundred twentyfive thousand dollars ($125,000).
And the allocation for the Department of Economic Development and Real Estate, which is currently
at two hundred and ninety-eight thousand fifty dollars ($298,050), reduce that allocation by fifty
thousand dollars ($50,000).
Vice Chairman Gort: Would you give us...
Commissioner Teele: That's the motion and a second.
Commissioner Regalado: Yes.
Vice Chairman Gort: Right. Any further discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.99-853
A MOTION AMENDING THE PROPOSED ALLOCATION TO
FUND MUNICIPAL PROJECT COMMITMENTS, AS MORE
PARTICULARLY IDENTIFIED ON PAGE 170 OF THE
CONSOLIDATED PLAN, AS FOLLOWS: (1) BY REDUCING THE
FUNDING IN THE PROJECT CATEGORY ENTITLED "LOT
CLEARING" FROM $400,000 TO $275,000 ($125,000 REDUCTION);
AND (2) BY REDUCING THE FUNDING TO THE PROJECT
CATEGORY ENTITLED "DEPARTMENT OF ECONOMIC
DEVELOPMENT AND REAL ESTATE" FROM $298,050 TO
$248,050 ($50,000 REDUCTION).
26 November 16, 1999
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: OK. Item S.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Teele: Before we leave Item 5, I would like for the staff or the Manager to provide
me with a written letter, a memorandum, providing assurance that none of these uses of funds exceed
the twenty percent administrative, and I'd like that letter concurred with by the attorney. And,
secondly, I would like to see categories, the seven categories, that are set forth in the CFF, as to how
these funds are actually being used in accordance with the seven eligible categories. Because this
thing has gotten so commingled, it's difficult to understand.
Vice Chairman Gort: Thank you. Do I have a motion to pass on Item 5...
Mr. Vilarello: Commissioner?
Vice Chairman Gort: ... as stated? Yes. Did you ►ead the resolution?
Mr. Vilarello: You did open the public hearing and I would request that you have one final call for
any public comments before you adopt the resolution.
Vice Chairman Gort: OK, here's your chance. Go ahead. Yes, ma'am.
Commissioner Teele: Is this Item 5? What did we just vote on?
Ms. Mary Hill: Public can speak now? Any questions.
Vice Chairman Gort: We just voted on the amendment.
Commissioner Teele: The amendment?
Commissioner Sanchez: The amendment. Mrs. Hill.
Ms. Hill: Yes. Thank you. I would like to ask if it's okay with you all or whoever is the appropriate
official, to ask him a question.
27 November 16, 1999
Vice Chairman Gort: Yes, ma'am. It's a public hearing. You make your presentation. You'll ask
your question. We'll ask staff to answer it.
Ms. Hill: Thank you. What policies and laws are you working under to use CDBG grants?
Mr. Fernandes: Community Development Block Grant Regulations.
Ms. Hill: Pardon?
Mr. Fernandes: Community Development Block Grant Regulations.
Ms. Hill: Redevelopment. Do you keep...
Mr. Fernandes: CFR 570.
Ms. Hill: OK. But redevelopment has been amended, also, if you see the laws. They --and CDBG
grants cannot, cannot -- it's targeted for poor areas with specifics to deal with the poor people,
regardless to race, creed or color. That's what CDBG grants are for, which I am familiar with it and
know what it is. And this is -- and one thing, when it got here, this is a problem here. Municipal
services, what I heard you say, sir, that was created instead of bringing the Founder, CEO (Chief
Executive Officer), and Director to set up. Municipal service is not supposed to be in order. And
October 1 was created fiom my efforts to implement the ties of these acts and it should not have been
changed to October 1. Those funds are earmarked, earmarked, from my effort, to reach the poor
areas, which I will bring in directors in a few minutes on Item 8. Thank you very much.
Vice Chairman Gort: Thank you, ma'am. Yes, sir.
Mr. Mariano Cruz: I forget...
Vice Chairman Gort: State your name and address, please.
Mr. Cruz: Mariano Cruz, 1227 Northwest 26 Street. Everything was here lumped together and now
they go by item. But here on -- my question here, is two hundred ninety-eight thousand and fifty
dollars ($298,050) going to Department of Real Estate and Economic Development. When I see the
track record, I just look at -- just went by the Bobby Maduro Miami Stadium that they sold. Theyget
two point two million. And it's an eyesore in our neighborhood, that's against my quality of life. So,
I like better to see -- get some of that money out for-- like to go into Little Havana Development or
to ABDA (Allapatah Business Development Authority) or Rafael Hernandez or something. They do
more than our -- because what they've done there is a -- I don't know what they did. Really "bunda"
(phonetic). Whatever they did, it was completely wrong. They did good with the Winn Dixie
Marketplace, on I lth Street. Out there, it's still a mess there. And I see why we're going to give
them a price of two hundred and ninety-eight thousand dollars ($298,000), when that money should
be used for the communities. That's earmarked money. It's not to go to municipal service. Where
we got other moneys from the general funds, that can go to Real Estate.
Vice Chairman Gort: Thank you. Yes, sir.
Mr. Angel Urquiola: My name is Angel Urquiola. I live at 25 Southwest 38 Avenue. Mr.
Commissioners, the regulations on the fund, we receive the fund, wasn't done. Are supposed to have
a regulation. The staff had to put members of the board. I consulted with the members of the board
about our recommendation because we know all these people. We visited everybody who is asking
28 . November 16, 1999
for money, and this year we was not representing to anyone. We, the board, we don't know whether
they do it. They do it and we never know nothing. Today, I found out all this money, we don't
recommended anyone. I want this to be on the record because I see -- I defended Flagami. They cut
Flagami, where we have only one institution to receive money is Vadia Elderly Center. Are they
cutting back. They are giving a lot of money to the people who doesn't work. I do not agree with
this they did. Please.
Vice Chairman Gort: Thank you sir. Yes, ma'am.
Ms. Anita Rodriguez Tejera: Good morning. My name is Anita Rodriguez-Tejem. I'm with East
Little Havana Community Development Corporation. I have how many minutes, one or two?
Vice Chairman Gort: Two minutes.
Ms. Rodriguez-Tejera: Two minutes. I'll make it very quick. I just want to express a concern as to
the amount of funds you're distributing here, today. The Social Service agencies and the Economic
Service agencies automatically got their one-year extension and their funds are being allocated.
They didn't have to go through an RFP (Request for Proposal) process. The Housing agencies, the
Community Development Corporations had to go through an RFP process for which
recommendations are still not in front of you until December. And the question is, how much CDBG
funds are you leaving behind to be spent on the CDC's (Community Development Corporations)
when they come to you in mid December? Because you may not have enough. And I want to make
you aware that the County, this year, cut back the funding on all of us that are within the City of
Miami. Where, in our case, we used to receive hundred and twenty-five thousand from the County.
This year they only recommended sixty thousand. Plus, foundations that used to fund entities, like
ours, are no longer funding in Dade County. They've gone to other states this year. So, I want to
make you aware that the Housing agencies are in greater need of your support this particular year,
not just my entity but the other organizations. And I want to make sure that you're leaving enough
behind for your December meeting. And you're making some pretty big allocations on this sheet
today. You may want to hold back on some of these. Thank you.
Vice Chairman Gort: Thank you. Anyone else? Yes, sir.
Mr. Manuel Gonzalez-Goenaga: I was going to say something, but I'm more confused. I feel kind of
uncomfortable here without my dear friend, Mr. Plummer. But, anyway, I can see that we're having
Christmas in November. Thank you.
Vice Chairman Gort: Thank you. Yes, ma'am?
Ms. Dorothy Quintana: Dorothy Quintana, Chairperson of Wynwood. It's the first time that I want
to speak to the Commissioners. I'm a chairpersas and I haven't recommended anything that is here.
And I would like to know why, always Wynwood is left behind? I never spoken because everyone
from Wynwood, they have -- they speak for themselves. But I would love to find out why we were
not recommended for anything that is here and it's over here? I'd like an answer to that, please.
Vice Chairman Gort: Yes, ma'am.
Ms. Quintana: Thank you.
Vice Chairman Gort: Any particular agency? My understanding is, Wynwood was not getting any
-- Edgewater.
29 November 16, 1999
Mr. Fernandez: If I could alleviate the last two concerns of the last two speakers.
Vice Chairman Gort: Yes.
Mr. Fernandez: The funds that we are talking about are funds that have been previously approved.
They have nothing to do with the RFP that was out. That money is set aside for that particular
purpose, for Housing Administration, for Housing agencies. This is just a formalization basically of
the municipal programs that were identified in the Consolidated Flan, that has been approaed by both
the City Commission and by the Citywide Advisory Board, previously, and this is the formalization
of that particular action. So, we haven't -- this allocation that you're seeing before you today is not
taking money away from any of the agencies, per se. They're the municipal programs that had been
previously identified.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Question. Yes.
Commissioner Regalado: Just before we move on, I just want to make a comment. And I'm juEt one
vote here. But I think that if we're going to deal with Item 8, and disburse some funds, I would like
to make a comment on Item 39. I think that that money should not be taken from CDBG money to
pay for the air conditioners in several fire stations There is a fire fee and I believe that we can use
that money, which is about sixty-seven thousand dollars ($67,000) -- almost sixty-eight thousand
dollars ($68,000). No more, I think. Seventy-five thousand dollars ($75,000) to be distributed in
Capital Improvement or in different-- other different projects. I don't want to just-- I just want to
make the Commission aware that on Item 39,1 will be trying to bring back those funds to the CDBG
pot and have the administration look for funds within the fire fee to pay for this.
Vice Chairman Gort: Thank you. Angel.
Mr. Angel Gonzalez: Yes. I'm Angel Gonzalez, 3280 West Flagler Street, Miami. I just want to
take a minute to support Anita Rodriguez-Tejera's concern in reference to the Housing funding. This
RFP process won't be finalized until December, which means that the agency, like ours, that receive
funding, housing funding monies, won't be getting any money until January, at best shot. That
means that, in December, we won't have any type of funding from the Housing Administration to
cover our expenses and that is something that should be considered. But I support a hundred percent
Anita's concern. Thank you.
Vice Chairman Gort: Thank you, for bringing that up. That's something that vie discussed before.
Those agencies cannot be without funding a month. So, that's something that I hope be
contemplated. Now, my understanding is, when an RFP was going to be, going out, if an existing
agency was producing and it was a top producer within that district, they should be recommended
again.
Mr. Fernandes: The recommendations would be based on performance.
Vice Chairman Gort: OK.
Commissioner Winton: How much money will we have for Housing? Is that number available? It
keeps being asked.
30 November 16, 1999
Mr. Fernandes: It was approximately one point three million dollars ($1,300,000).
Commissioner Winton: And that compares to what last year? Give me some benchmarks.
Mr. Fernandes: Somewhere -- probably eight or nine hundred thousand dollars for Administration.
The funds that we have for Housing is a combination of funding. We had one point three million
dollars ($1,300,000) that was available through the RFP, which includes both the Housing
Administration monies, as well as the minimalamount for some brick and mortar projects.
Commissioner Winton: Well, I just want to make sure I understand. You used different terms there
when you tried to explain that. The amount of money that we had for Housing-- and I don't -- I'm
not defining Housing. The questioners used the term Housing, so I'm assuming that you know the
definition of Housing. So, for Housing, you're saying we have one -- approximately one point three
million dollars ($1,300,000) for this coming year, and that compares to how much that we actually
provided for the year that just ended?
Mr. Fernandes: The question again -- it's kind -- it's two -fold. Because the moneys that we're talking
about under that one point three million dollars ($1,300,000) are for administratbn expenses, as well
as some brick and mortar. bast year when we allocated the Housing Administration moneys, we
didn't have brick and mortar as part of the RFP process. So, there's approximately an additional half
a million dollars ($500,000) that, potentially, can go to brick and mortar, if the Commission feels,
based on the evaluations that we do, that there should be more money going into Administration.
We have that pot of money, that one point three million dollars ($1,300,000) available, that canbe
used for, you know, either one or both or a combination of the two.
Vice Chairman Gort: My understanding is, some of the feedback that we had with some of the
agencies, the Administration funds, according to your recommendation, had been cut and inorder to
continue the performance, they need to be either funded at the same level or a higher level, according
to their performance. I think that's very important. So, the moral is that, if you give them enough
funds, they can get the funds for the financing -- in some other places, Thank you. Now, you need
to answer Wynwood's concern -- I'm sorry, you're finished, Commissioner?
Commissioner Winton: No. I'm sorry. And I apologize for taking up time here that might not be
necessary, but...
Vice Chairman Gort: Don't apologize. You need to come up to speed.
Commissioner Winton: ...I don't understand the answer and I'm not sure I understand why I can't get
a decent comparison here to the term Housing. I didn't create the term and the questnners have. So,
I'm not sure why I can't get an apples to apples answer here.
Mr. Fernandes: OK. Let me try to explain it this way. The funds that we had available last year
were exclusively for Housing Administration.
Commissioner Winton: OK.
Mr. Fernandes: OK. So, this year...
Commissioner Winton: And that was how much?
Mr. Fernandes: Approximately...
31 November 16, 1999
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Commissioner Winton: Eight or nine hundred thousand?
Mr. Fernandes: ...nine hundred thousand dollars ($900,000), in that ballpark. Between eight and
nine hundred thousand dollars ($900,000).
Commissioner Winton: And this year, there's one point three million available but half a million of
that is for bricks and mortar as opposed to Administration?
Mr. Fernandes: It can to go to bricks and mortar. We went through an RFP process, which will
make it available to either Administration or bricks and mortar.
Commissioner Winton: I understand.
Mr. Fernandes: So, there's a combination of the two. That's why it's..
Commissioner Winton: Thank you.
Mr. Fernandes: You know, I can't really compare apples to apples because...
Commissioner Winton: Now,1 understand. Thank you. My apologies.
Vice Chairman Gort: Well, you answer Wynwood's question? Goahead, Commissioner Teele.
Commissioner Teele: Commissioner Winton, when we talk about Housing, though, there's a whole
'nother side of that equation that's much bigger than the CD (Community Development) side. Over
the years, the Federal Government has come in more programs. The SHIP (State Housing Initiatives
Partnership) funds, for example, augment and that augmentation has now become, literally, much,
much bigger than the CD funds. So, if you track the SHIP funds -- what does SHIP stand for, by the
way?
Mr. Jeff Hepburn: Jeff Hepburn, Assistant Director. It stands for State Housing Initiatives
Partnership Program.
Commissioner Teele: And how much housing dollars come out of that program? Normally, we try
to allocate those dollars around the same time.
Mr. Hepburn: On an average, the City has received about one point three, one point four million
dollars each year.
Commissioner Teele: And, then, what's the other Federal program that has Housing dollars?
Mr. Hepburn: There's also the HOME program. And this year's allocation was roughly four point
eight.
Commissioner Teele: So, when you take SHIP, the HOME, and the CD, you have to -- I think we
have to take great respect for the persons that have come in and talked and made on the record their
concern that we're not allocating -- we need to make sure that we're holding back enough money of
CD funds. But we, also, need to remind the public and put in the record that those funds are not
available for any of these other uses. Those funds are only available for Housing, the SHIP funds,
the HOME funds. And, so, I think it's important that the record be complete in that line. I think it's
32 November 16, 1999
also important that we respond to each of the persons who make comments, and we commit to
getting an answer back or putting an answer on the record. Particularly, those that have some merit.
I think it is important for this Commission to note the drastic change in policy that our colleagues
over at the County have announced and implemented in their reductions, substantial reduction of CD
funds, historically, that have gone into the City of Miami and have said they are not going to put
those funds in the City -- CD funds in the City, and they have been discussing that for some years.
And this year they apparently have implemented that. And what I think would be helpful, Mr.
Manager, if you would give us a memo that shows, to the extent we can figure it out, all of the
organizations, in terms of how much money they received over the --say, the last two years and how
much they're receiving this year, so the Commission can measure that and can-- in our discussions
with the County on a number of other issues, we can begin to factor that in. Because I think that's a
very important point that should be a part of the record and we want to respond to it.
Vice Chairman Gort: OK. There's one question to be answered.
Mr. Fernandes: Talking directly about the Wynwood area. The Wynwood area will receive
activities through the Lot Clearing Program, through the different municipal programs that have been
identified. So, Wynwood has not been ignored.
Ms. Quintana: To me, these corporations that have here, they want to continue doing the job but if
they don't get the money-- I mean, after all, they need it like anybody else and they're doing a very
good job. And I understand that...
Mr. Fernandes: Again, this...
Ms. Quintana: ...they wouldn't -- we did recommend. They didn't give it to us to recommend. And
they deserve and they need that money.
Mr. Fernandes: Again, we're referring...
Vice Chairman Gort: Ma'am?
Mr. Fernandes: I'm speaking...
Vice Chairman Gort: Go ahead.
Mr. Fernandes: ... specifically on Item 5.
Vice Chairman Gort: Excuse me, excuse me.
Mr. Fernandes: I want to make that clear.
Vice Chairman Gort: Ma'am, ma'am, ma'am. Through the chair, please. Through the chair, please.
Come through me. You talk to me and I talk to him.
Ms. Quintana: Oh, I'm sorry.
Vice Chairman Gort: Thank you. Go ahead.
Ms. Quintana: I'm sorry.
33 November 16, 1999
Mr. Warshaw: Again, this is only addressing item number 5. Item number eight, which is yet to be
heard, will address, Dorothy, I think, some of your issues.
Vice Chairman Gort: OK?
Ms. Quintana: Well, can I tell you which is the first one? ASPIRA is doing a wonderful job.
They're not getting anything at all. I mean...
Vice Chairman Gort: We're going to be addressing that in eight. This is item 5. `This is a different
item.
Ms. Quintana: Well, this is what I'm telling you. We weren't told to recommend to this company,
Rafael Hernandez and Wynwood School Daycare Center and so on and so on. We were not told to
recommend and they really need that money. And I would appreciate if all of you think about the
needs of these people and Wynwood has not been recommended for a long time and you know it.
And now that we have it out, Wynwood -- well, please, think about us.
Vice Chairman Gort: Yes, ma'am. He's going to be looking at it. Iassure you.
Ms. Quintana: OK. Thank you very much.
Vice Chairman Gort: Thank you. Yes, sir.
Commissioner Winton: And may I respond directly to that question. And I am your new
Commissioner and I have spent some time, during my campaign trail, in Wynwood. I'm very
interested. I'm -- and, by the way, I'm not just interested in Wynwood. I'm as interested in the
neighborhoods that my Commissioners look after, as I am the District 2 neighborhoods because this
is one City and we've got to work together. But I will be spending a fair amount of time in
Wynwood and I look forward to meeting with you. I can't do a whole lot about the process that's
completed, but I can do an awful lot about the process moving forward, and I need your help and I
need your support, and I will be there talking to you and helping you get your own groups organized
so that we can compete effectively. But I must say, that I'm very, very much in favor of
performance -based funding, and those agencies that do a good job, I'm going fight for them. Those
agencies that do a lousy job, I'm going to fight equally hard to get them unfunded.
Ms. Quintana: That's right. That's the way it should be done. Thank you very much
Commissioner Winton: In my districts, so...
Vice Chairman Gort: Thank you, ma'am.
Commissioner Teele: Commissioner?
Vice Chairman Gort: Yes. Commissioner Teele.
Commissioner Teele: Commissioner?
Vice Chairman Gort: Yes. Commissioner Teele.
34 November 16, 1999
Commissioner Teele: Commissioner Winbn, Commissioner Plummer, in abstentia, let me inform
you guys again -- and I'm pleased to work with you -- that I also represent a substantial part of
Wynwood.
Commissioner Winton: My apologies.
Commissioner Teele: And I want you to feel free, at any time, to fight for Wynwood just as hard as
you want to and know that I'm going to back you, but I don't want you to say that I'm the district
representative of Wynwood because we share that district. And, in fact, one of the areas that I do
agree with Dorothy on and I don't agree with the staff this morning, because they haven't been-- they
didn't receive anything and I don't think it's fair to say what you're doing citywide, we're doing in
Wynwood. And, see, I am fully supportive that we have to have a citywide vision and a citywide
view but in saying that, we need to be very careful that we don't continue to underwrite the inequities
that have occurred in this process over the last 20 years. And I'm encouraged by what Commissioner
Winton just said about ineffective organizations because we don't hear that on the Commission. And
I join you in saying that any organization that is completely ineffective, we need to move to defund
them, and you'll have my support on that if you move on that, and any Commissioner will have my
support on that, as it relates to the organizations that don't perform. Now, I'm going to tell you what
happens, just as a sidebar. When an organization doesn't fund and when they're ready to defund
(sic), then they change the Executive Director and they say, give -- "That was the old team. Give us
a new chance." And after you do that three times with the same organization, you realize what
that's...
Vice Chairman Gort: Well...
Commissioner Winton: And we're smarter than that
Vice Chainnan Gort: I want you to know that the -- since I've been here, we have unfunded four
agencies for non -performing.
Commissioner Teele: But this is the point I want to make and I want to be very clear about this.
And, Commissioner Winton, I'm saying this because I've said it before. I've never said it with you on
the dais, but I want to say it here so that it's very clear. Certain parts of this City have received,
disproportionately, far, far, far more money than they should have gotten, based upon an equitable
distribution, and you can argue about that and you can discuss it or debate it. Specifically, the district
that you're privileged to represent, the district that your predecessor represented, received a totally
inequitable amount of Community Development money and if you look at this agenda today, we're
continuing that pattern, The DDA (Downtown Development Authority) is getting five hundred
thousand dollars ($500,000). This is not about commercial development. I'm not objecting, but I'm
putting it on the record. The DDA -- and if you look at how much money these target areas, and
what she's talking about -- we can talk about citywide, but we also have to understand what target
areas mean. The target areas generate one hundred percent of the money, OK? There's no fluffy
amount that comes down, other than the hundred percent of the money. One hundred percent of this
money is generated based upon -- and the City staff will not give us this information properly, and
I've asked for it for two years. We've still not received it. And, Mr. Clerk, I'm going to look to you
next to get this information to us. This Commission needs, in the next meeting, a GSI map, a map
that shows all of the target areas of this City, all of the recognized CD target areas of this City. We
need a printout that shows the exact amount of money that each target area generates. And let me
say this from the beginning. Dollars should not flow dollar for dollar based upon where they come.
That's not, at all, what I'm saying. But there needs to be a clear understanding of the target areas and
how much money each area generates. And when you begin to look at this -- that's why somebody
35 November 16, 1999
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said, "Well, we're going to fed twenty-five million dollars ($25,000,000) and divide it among five
Commissioners." And I'll go to court if the City staff tries that trick. What we need to do is, we need
to agree that we're going to evaluate this, objectively. We're going to get the Community
Development Office, the Office of Budget and Management, the Office of Audit, the City.Attorney
to look at this and to try to recommend, in percentages, a relative targeting area. Taking into account
that there are citywide activities. Lot Clearing is citywide. That comes off thetop. There's a certain
amount of road work -- of street work, that should come off the top. It's citywide. But at the end of
the day, an area that generates, let's say, 12 percent of the total CDBG dollars...
Vice Chairman Gort: Should get 12 percent.
Commissioner Teele: ...should get something. I'm not even saying 12 percent. It may be four
Percent. It may be six percent. But an area that generates three percent should not get 15 percent.
And Johnny, it's not your fault. It's not U.'s fault. It's the system's fault. That is what has been
happening in this City for the last 25 years, is that the areas that have the Gucci lobbyists, the areas
that have the high paid law fines have come down here. We just put-- how much money was that
we put in Community Development just two months ago? A grant. We put a grant of a million three
in an ineligible area. I voted for it because it was committed three years ago and it took those people
three years. A million three. The total amount of money that we put in all of Poinciana is three
hundred thousand in grants. We put a million three in downtown Miami just two months ago, in
grants of Community Development. And we've got to, basically, wean ourselves off and we've got
to deal with these under targeted areas like Wynwood, like Little Haiti, you know, that have had
nobody to fight for them. And, so, I just want to put it on the record, Johnny and Commissione,
that we need to have the facts before we start making these allocatirs
ons. And ifwe get the facts, we'll
all be much more informed and we'll all do the right thing. And that's why there's so much going
back and forth, because people have been historically -- Wynwood has historically been --
Edgewater and Wynwood, both of whom are largely in your district, not all. Edgewater is totally in
your district. Wynwood is -- you only have about a half of it. Only really about 40 percent.
Wynwood has, historically, been mistreated by the system and we need to address that.
Vice Chairman Gort: Commissioner Teele, I've already requested it. My understanding, the
percentage that have been presented to me, I'd like for those copies to be made aware and I'd like for
You to publish it, where the money is coming from, which -- and how the allocation is done.
Because I've seen a lot of those in -- yes, ma'am.
Commissioner Winton: And by when can we expect that, by the way? Excuse me.
Vice Chairman Gort: Staff should have it.
Mr. Warshaw: As a result of what happened at the last Commission, we do have the breakdown by
target area. What Commissioner Teele asked for is a breakdown by district. The staff is working on
that. We were better than halfway done, so it's forthcoming very shortly.
Commissioner Teele: Target areas would be a good start, if we could just get that today.
Vice Chairman Gort: We have that.
Mr. Fernandez: The target area information is included in your Consolidated Plan.
Vice Chairman Gort: We have that information.
36 November 16, 1999
"_ef
Mr. Fernandez: Page 29...
Mr. Warshaw: Right.
Mr. Fernandez: ... of the Consolidated Plan will have that information.
Mr. Warshaw: But we're working on the district by district.
Vice Chairman Gort: OK. Thank you. Yes, ma'am.
Commissioner Teele: Give me a copy of that, please. Where is Ms. Warren, by the way?
Mr. Warshaw: She's out.
Ms. Lottie Person: My name is... `
Mr. Warshaw: She's out ill.
Ms. Person: My name is Lottie Person. I really don't know whether -- you know, what -- if I'm
allowed to say what I have to say.
Vice Chairman Gort: Your address, ma'am.
Ms. Person: Huh?
Vice Chairman Gort: Your address.
Ms. Person: Oh. My address is 3245 Oak Avenue. And I'm sort of new here in the City but I've
been an activist all my life. What I'd like to bring to the attention of the Commissioners today,
Housing funded. Does that come underneath here? That word or an agency, Sunshine, I guess,
Construction, did some work on my mother's home. Does that come under this...
Vice Chairman Gort: I'm sorry, ma'am. No. We're discussing issue number five, but if you have
particular questions about something being done, you can ask staff over here and -- Mr. Manager,
can you have someone answer her question?
Mr. Warshaw: Yes. Right now.
Commissioner Teele: What is your mother's address by the way?
Ms. Person: I live with my mother, 3245 Oak Avenue. And they did work in my mom's home and
they didn't finish the job. My mother was without water for a whole year. I was vacationing up here
at this time, and they left my mother with just a little stream of water and the work is still not
completed in her home. The only reason she got that water now is because I came down here
threaten to -- you know, let the Commission to know what, you know, they have done to my mother.
And that is the Sunshine. And before you all do anything with that agency, you should put them
under investigation, simply reason because they went to my mom's house when none of the children
were there and had her to sign some papers for another five hundred dollars ($500), which the City
were paying for the work on my mom's house. And I am so upset because they went there knowing
my mother and father are old, can't hear and don't understand.
37 November 16, 1999
`t=t)`;"
Vice Chairman Gort: Ma'am, I understand. Why don't you come over here and they're going to take
care of your problem. They're going to give you all the answers. If they don't, you come back to us,
OK?
Ms. Person: OK. And another thing. Coconut Grove not getting their fair share of funds either.
Vice Chairman Gort: Right.
Ms. Person: And I think we should get what we deserve in Coconut Grove.
Vice Chairman Gort: Yes, ma'am. We get that from every neighborhood.
Commissioner Winton: Lottie, could you, please, also, when you finish with this discussion, at the
end of the Commission meeting, let me know how that goes?
Mr. Person: Thank you very much for hearing me out because, like I said, I'm new here.
Vice Chairman Gort: You're doing real good.
Ms. Person: And I'm trying to learn your -- you know, the laws and regulations here, but I will get
my point over.
Vice Chairman Gort: You're a fast learner, ma'am. You're doing very well. I can assure you of that.
OK. Do I have a motion on five?
Commissioner Regalado: Move it.
Commissioner Winton: Second.
Vice Chairman Gort: Item 5, it's been moved and second. Any further discussion?
Mr. Vilarello: The public hearing has been closed. Commissioner, I'll change the computations
based on the amendments made by motion.
Vice Chairman Gort: OK. Will you read the resolution, please?
Mr. Vilarello: Do you have the correct number, Dan? It's a resolution of the Miami City
Commission allocating...
Mr. Fernandez: It'll be a hundred and seventy-five thousand dollars ($175,000) less than what we
have.
Mr. Vilarello: So, its five million two thousand and fifty dollars ($5,200,050) less the hundred and
seventy-five thousand dollars ($175,000) of the 25th Year Community Development Block Grant
Funds to fund municipal service commitments identified on page 170 of the Consolidated Plan;
allocating two hundred and fifty-three thousand six hundred and sixty-five dollars ($253,665) of the
Emergency Shelter Grant Funds to the City of Miami Homeless Project, reprogramming one point
one six two million three hundred and fifty-one dollars ($1,162,351) of the previously allocated
CDBG funds; and further authorizing the City Manager to enter into agreements as required, in a
form acceptable to the City Attorney, subject to applicable City Code provisions.
38 November 16, 1999
Vice Chairman Gort: OK. Thank. you. All in favor state by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: No nays. Thank you.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-854
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AND DIRECTING THE ALLOCATION OF FUNDS,
IN THE AMOUNT OF $4,827,050, FROM TWENTY-FIFTH (25TH)
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG")
FUNDS TO FUND MUNICIPAL SERVICES/COMMITMENTS AS
IDENTIFIED ON PAGE 170 OF THE CONSOLIDATED PLAN;
AUTHORIZING AND DIRECTING THE ALLOCATION OF FUNDS,
IN THE AMOUNT OF $253,665, FROM EMERGENCY SHELTER
GRANT FUNDS TO THE CITY OF MIAMI HOMELESS PROJECT;
AUTHORIZING AND DIRECTING THE REPROGRAMMING OF
FUNDS, IN THE AMOUNT OF $1,162,351, FROM PREVIOUSLY
ALLOCATED CDBG FUNDS; AND FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S)
AS REQUIRED, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
[Note for the Record: The minutes of the December 8, 1998 and February 16, 1999 meetings
were approved unanimously (motion by Commissioner Sanchez and second by Commissioner
Regalado.]
39 November 16, 1999
Commissioner Regalado: Can we take Item 39?
Vice Chairman Gort: Item 39.
Commissioner Regalado: It's just that-- Mr. Chairman, I feel that, if we're going to disburse funds,
then we need to know how much we have and that's why I'm -- Item 29. I move to...
Vice Chairman Gort: You're talking about 39.
Commissioner Winton: Thirty-nine.
Commissioner Regalado: thirty-nine, I'm sorry. Item 39. I move that this emergency will be paid by
Fire Fee or General Fund from the Fire Department, and that the seventy-five thousand dollars
($75,000) of CDBG (Community Development Block Grant) funds will to disburse in Item 8. be used for the Commission
Mr. Donald Warshaw (City Manager): Excuse me. Mr. Chairman?
Vice Chairman Gort: Is there a motion?
Mr. Warshaw: It's sixty-seven thousand from CD (Community Development) dollars.
Commissioner Regalado: Sevenq five thousand. Oh, OK. Sixty-seven thousand.
Mr. Warshaw: Sixty-seven is from CD.
Commissioner Regalado: OK. Sixt),seven thousand five hundred and ninety dollars ($67,590) from
CDBG funds.
Commissioner Teele: I'll second it, with an understanding that the money would be available as a
reserve. So, it may be in Item 8; it may be in Housing; it may be somewhere else.
Commissioner Regalado: Exactly. I don't have a problem.
Vice Chairman Gort: It's motion. Is there a second? Any discussion?
Commissioner Teele: Discussion.
40 November 16, 1999
0 0
Vice Chairman Gort: Discussion.
Commissioner Teele: I'm seconding the motion because, as you know, I've asked the Manager to
bring back the reconciliation of the budget after the Five -Year Plan and all of that has been
established. It would be my intent to restore the funds from the Fire Department. I think it was a
hundred and thirty thousand dollars ($130,000).
Vice Chairman Gort: Right.
Mr. Warshaw: I think so. One sixty-five.
Vice Chairman Gort: One sixty.
Commissioner Sanchez: A hundred and sixty...
Commissioner Teele: One hundred sixty thousand dollars.
Commissioner Sanchez: Sixty-eight.
Commissioner Teele: It would be my intent to restore those funds to the Fire Department that were
cut, based upon the fact that we were operating under the assumption that we had about three million
dollars ($3,000,000) -- two million dollars ($2,000,000) more than we thought we had at the time we
put the budget together. So, the budget will be coming back on a reconciliation, once the Oversight
Board has approved it, and it would be -- I just want to make the Fire Department comfortable that,
you know, there's something more than this coming back, so don't fight it too hard. Just cooperate.
Vice Chairman Gort: Thank you. Is there any further discussion?
Commissioner Teele: Cooperate and graduate.
Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying "aye."
Vice Chairman Gort: Nay? No nays.
41 November 16, 1999
[a]
H
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION NO. 99-855
A RESOLUTION OF THE MIAMI CITY COMMISSION,
BY A FOUR/FIFTHS (4/5THS) VOTE, RATIFYING,
APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY;
WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDS, AND APPROVING THE PROCUREMENT
AND INSTALLATION OF AIR CONDITIONING UNITS
AND DUCT WORK FOR THE DEPARTMENT OF FIRE -
RESCUE FROM COMFORT TECH AIR CONDITIONING
IN THE AMOUNT OF $67,590, AT FIRE STATION NOS.
TWO AND FOUR, AND FROM AIR SYSTEM
DISTRIBUTOR, INC., IN THE AMOUNT OF $7,676 AT
FIRE STATION NO. 8; ALLOCATING FUNDS
THEREFORE, IN A TOTAL AMOUNT NOT TO EXCEED
$75,266, FROM CAPITAL IMPROVEMENT PROGRAM
("CIP") PROJECT NO. 313302, "FIRE STATION &
BUILDING RENOVATIONS," ACCOUNT CODE NO.
289401.6.850, AS FUNDED BY THE FIRE ASSESSMENT
FEE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
7. PERSONAL APPEARANCE: CAMILLE MERILUS, "OPERATION SAVE EYES," TOI
ADDRESS THE COMMISSION CONCERNING ITS EVENT ON SUNDAY, DECEMBER 5,
1999.
Vice Chairman Gort Operation Save Eyes.
Mr. Camille Merilus: Yes. Good morning, Honorable Commissioners, Honorable Mayor, Mr.
Manager, City Attorney, members of the audience. My name is Camille Merilus, Founder and
Executive Director of Operation Save Eyes, Inc., together with my wife, a not -for -profit
42 November 16, 1999
organization. Commissioner Teele knows our work for a long time, how hard we have been fighting
to serve the community. Commissioner Gort have been helping us. As you all know, Little Haiti is
an unserved area and Nye have people living in that neighborhood who has been having problems like
diabetes, and I've got friends whose legs have been amputated because of diabetes. I have ladies, in
this community, who lost two breasts. Some of them lost one breast because ofbreast cancerA . nd
I've got men, in this community, who don't even know there is a disease called Prostate Cancer, just
to name these diseases. And, as you can understand, I am the victim of two diseases, which are
glaucoma and diabetes, and that's why I lost my eyesight. So, we have decided to go out there and
spread the words to those people who don't have time to get -- to have access to information; who
don't have time to know that early detection is their best bet; to tell these ladies, 40 years oldor older,
that they've got to undergo a breast cancer screening, a mammogram, as they call it; to rtell these men,
45 years or older, that prostate cancer is the second killing cancer for men 45 years or older; to tell
them that they've got to undergo a prostate cancer screening. So, there are so many people who have
been dying in this community because of high blood pressure. They don't have time to check their
blood pressure. They don't take their medication on time, and a lot them, they don't have tine to do
it because they've got to work two jobs. They're not to think about it. That's why. On December the
Sth, we have decided to set up an activity so that-- there is a professor from the University of Miami,
Dr. Angelo Guss (phonetic), who is coming down to do a slide presentation on prostate cancer at this
activity, so that more people could have a chance to know more and more about this disease. We
have a doctor coming to talk about glaucoma, about diabetes in these activities, so...
Vice Chairman Gort: Mr. Merilus, let me ask you a question
Mr. Merilus: Yes.
Vice Chairman Gort: Let me ask you a question, sir.
Mr. Merilus: Yes.
Vice Chairman Gort: Have you met with the staff, with the Manager?
Mr. Merilus: Yes, I met with the Manager's staff, but they -- I met Mr. John...
Vice Chairman Gort: What are you requesting?
Mr. Merilus: I'm requesting some money. I got the budget here. Because this campaign is costing
me not just energy, but money. Because I have to be on the radio, on the airwaves at 2 a.m., in the
morning, at 5 a.m., so I can get the people...
Vice Chairman Gort: Excuse me, sir.
Mr. Merilus: ...so they could come and participate to this activity.
Vice Chairman Gort: Excuse me. What you're requesting is five hundred and .sixty dollars ($560),
not...
Mr. Merilus: No. Five hundred and sixty, that's for the Police to...
Vice Chairman Gort: Right,
Mr. Merilus: I'm requesting five thousand dollars ($5,000), because it cost me money...
43 November 16, 1999
Ow 0
Vice Chairman Gort: Five thousand dollars ($5,000)?
Mr. Merilus: Yeah. And this money would be -- I can tell you, it would help us to spread the word.
Because we already started this campaign, but it cost us money already, but we need moremoney so
we can continue this, so that more people could come to this activity. Because you have a Health
Fair on the sixth -- December 6th, where we're going to have free mammogram, free prostate
screening, free diabetes screening, free high blood pressure screening, free HIV (Human
Immuno-Deficiency Virus) screening. So, that means, in order to have -- for us to tell the word, to
spread the word to these people, so they could know that...
Vice Chairman Gort: OK, sir. We understand the importance..
Mr. Merilus: Yeah.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: ...of the program. You're requesting five thousand dollars ($5,000). Mr.
Manager?
Commissioner Teele: Mr. Chairman, if may?
Vice Chairman Gort: Mr. Teele. Commissioner.
Commissioner Teele: There are two things. The first thing is the police overtime that
for this event Mr. Camille has come in and discussed. It's my understanding --Camille, how many people are you
antici -- the amount of overtime is predicated on the number of people. In many cases, when you
have a reasonable number of people, it could be handled by the on -duty police. When you come in
and you say to the police, "Well, we're going to have 10,000 people," then. the budget -- as an
example, the budget, basically, is required to manage 10,000 people. I think, if,
t could work with a
realistic number-- Mr. Manager, do you think that the Police Department can work, based upon the
history that we've had with the-- I know that we had the Independence Day activity that Mr. Camille
Merilus sponsored. Can we anticipate that we can work with on duty police to meet most of his
needs?
Mr. Donald Warshaw (City Manager): Yes, Commissioner. And the Chief has advised me that it
could be covered on an on -duty basis.
Commissioner Teele: So, we can begin -- how much money were you on Police, Camille, five
thousand dollars ($5,000), did you say?
Mr. Merilus: No, no, no. For Police, that's five hundred and sixty dollars ($560), but...
Commissioner Teele: Five hundred?
Mr. Warshaw: What is it for?
Mr. Merilus: ... the five thousand, that's to cover the expenses.
Commissioner Teele: Then, what I would do is, I would ask the Manager if he would consider
sitting down with your staff and you, Camille, and coming up with a budget of say three to fortyfive
44 November 16, 1999
Ow.", ro)
hundred dollars worth of activities that the City can co-sponsor with you. It, in effect, would wind up
being a grant of say four thousand, five thousand dollars ($5,000), forty-five hundred dollars
($4500). But rather than say -- say the equipment rental. I don't know what that equipment is.
Generators or that. But the Manager may be able to work with you to provide that equipment, like
the generators or the kinds of things that are necessary to put this on tents, et cetera, not to exceed
forty-five hundred dollars ($4,500). Is that a fair request, Mr. Manager?
Mr. Warshaw: Commissioner, I'll be glad to meet with him. Right now the only thing we were
looking at was the four hundred and sixty dollars ($460). I wasn't aware of the additional five, but
we'll be glad to sit down and look at the budget, see if that...
Commissioner Teele: Is that fair, Camille?
Mr. Merilus: Yes. But the money that I'm requesting-- you know, I have to go to the radio a lot and
it cost me money to do that, to pay the guys. You see what I mean? So, because that's a magic thing,
Mr. Commissioner.
Commissioner Teele: The City will not be in a position, unfortunately, to provide agrant for you for
radio shows but I'll appeal to some of the distinguished business leaders and if you would just give
me the amount of money that we'll try to raise for you for radio, we'll get some of the businesses that
advertise on radio to try to, maybe, make some time available for you.
Mr. Merilus: Yes. Anyway, Commissioner...
Commissioner Teele: The problem is, the City is in a financial emergency. We cannot provide grant
money to radio stations at this time, and it's going to be difficut for us to come up with the three or
four thousand dollars to pay for things like equipment. I mean, the Manager has a flexibility of going
to the Parks Department, for example, and asking them to make tents available or things that we have
or sound systems or the kind of equipment that you would rent, we may go to Public Works and try
to borrow that. So, you know, if you need a generator, it doesn't matter to you whether you'll rent it
or the Park's Department or the Public Work's Department provide it. It's an in -kind cash cost to you.
OK?
Mr. Merilus: Anyway, Commissioner, how much money I'm going to get? You know, because I'm
to pay the Police. You know what I mean? You know, there is a cost for us, you know. The main
thing, Commissioner, is to get the people to understand, you know -- you know, get the message
across. That's what it's -- our campaign is all about, you know, so we can protect these people.
Because we tried to vocalize the concept of preventive medicine within our community..
Commissioner Teele: All right.
Mr. Merilus: ...so that less and less people will be victims of...
Commissioner Teele: Mr. Camille, it also --the message that you're trying to get out is a community
message. It's also important for leaders in the community to support that, and I think what we're
trying to do in the City is say, the City is no longer giving away money for worthy causes. We're
going to ask the City to be a co-sponsor. We're going to help underwrite certain costs, but the money
is going to have to come from business leaders and community activists. You know, have you gone
to that guy who, you know -- didn't we commit to give somebody a million two for a building that's
worth two hundred thousand dollars ($200,000)? I mean, you know, he's right there in the heart of
Little Haiti. I mean, what are we doing with the businesses there? I'll work with you to raise the
45 November 16, 1999
0
YY
money for the radio. How much money are we talking about going on radio? How much money
would have to be on radio?
Mr. Merilus: Twenty-six hundred dollars ($2600).
Commissioner Teele: Well, I'll commit to try to raise you a thousand-- thirteen hundred, half of it,
OK?
Mr. Merilus: That's good. OK.
Commissioner Teele: And let's other businesses raise the other half. How's that?
Mr. Merilus: Yes. That would be...
Commissioner Teele: OK. Is that satisfactory?-- and the Manager will work with you on the rest of
it.
Mr. Merilus: And, also, I'd like the Commissioners to be at the gala,first. So, it is a worthy cause.
Commissioner Teele: All right. Thank you very much.
Mr. Merilus: Thank you.
Commissioner Teele: Thank you.
Vice Chairman Gort: Thank you. Do we need a motion?
Commissioner Teele: So moved. So move, Mr. Chairman?
Vice Chairman Gort: What would be the motion, Commissioner Teele?
Commissioner Teele: The motion is to request the Manager to work with Mr. Camille, to try to
develop a program for -- to minimize off duty police costs and to provide support for in -kind services
and activities that would normally be municipal activities, such as tents, generators, et cetera, not to
exceed forty-fve hundred dollars ($4,500) in costs.
Vice Chairman Gort: Thank you. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second. Is there any discussion? Being none, all in favor,
state by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you. Thank you, sir.
46 November 16, 1999
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-856
A MOTION REFERRING TO THE CITY MANAGER REQUESTS
MADE BY MR. CAMILLE MERILUS IN CONNECTION WITH $5,000
ASSISTANCE NEEDED FOR "OPERATION SAVE OUR EYES"
EVENT, WHICH IS SCHEDULED FOR SUNDAY, DECEMBER 5,
1999; FURTHER REQUESTING THE MANAGER TO WORK WITH
MR. MERILUS TO DEVELOP A PROGRAM TO MINIMIZE THE
COSTS FOR OFF -DUTY POLICE PERSONNEL TO COVER SAID
EVENT; FURTHER STATING THE CITY INTENDS TO TRY AND
PROVIDE IN -KIND SERVICES FOR EQUIPMENT IN AN AMOUNT
NOT TO EXCEED $4,500; FURTHER PLEDGING BY
COMMISSIONER TEELE TO PERSONALLY RAISE
APPROXIMATELY $1,000 OF THE $2,600 IN CONNECTION WITH
RADIO COVERAGE FOR SAME.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado.
Commissioner Teele: Mr. Chairman, there are two items. I guess Commissioner Regalado is not
here, so I won't deal with those two items, the items relating to the City Clerk and the City Attorney.
But I do think, in fairness to Commissioner Winton, when Commissioner Regalado gets Iack, if you
would like an additional 30 days to consider and to interview and to discuss with the Clerk, if you're
ready to vote today. I think, we -- you know, I think it should be your call. But I know that, when I
came in, I asked for an opportunity to meet with the Attorney and the Clerk and I, certainly, would be
pleased to make the motion to continue their services when Commissioner Regalado is on the dais. I
think it has to be done with...
Commissioner Winton: I don't need any more time.
Commissioner Teele: OK.
Vice Chairman Gort: OK. Thank you. Can we go to Item 10. Get all those personal appearance...
Commissioner Teele: Sure.
47 November 16, 1999
E
8. MR. GUSTAVO NOGUERA TO ADDRESS THE COMMISSION CONCERNING THE
APPROVAL OF A SITE FOR THE PROJECT "MIAMI MILLENNIUM MILESTONE
SCULPTURE!,
Vice Chairman Gort: Can we go to Item 10? Get all these personal appearances?
Commissioner Teele: Sure.
Vice Chairman Gort: Item 10.
Mr. Gustavo Noguera: Thank you. My name is Gustavo Noguera. My address is 1530 Southwest
1 st Avenue.
Vice Chairman Gort: Gustavo, for the sake of time, I think we have approved this project and we
asked you to get together with the Department of Parks and see what they location. What do you
have in mind?
Mr. Noguera: Yes. OK. Specifically, to your question, on October 21st, we got a letter from the
Bayfront Park Management Trust, informing us that it was appropriate placing the Miami
Millennium Milestone Sculpture in the northeast corridor of Bicentennial Park. I's a corner that
belongs to the State of Florida, a small parcel. Of course, they say they are sending to the Miami
City Commission for the approval.
Vice Chairman Gort: See, this will have to come through us through a resolution. Mr. Manager, can
you guide us on this one? My understanding is, the Bayfront Park Trust approved a site for this
sculpture to be placed.
Commissioner Sanchez: Bayfront Park.
Mr. Donald Warshaw (City Manager): That's correct, the Bayfront Park Management Trust.
Vice Chairman Gort: OK. What is the procedure? Why is...
Mr. Warshaw: Well, this is a personal appearance. The gentleman has requested to appear before
the Commission. I think, originally, there was a suggestion that this sculpture, which, by theway, is
50 feet high, be placed in Margaret Pace Park, but that was not something that the gentleman agreed
to. Was looking at Bicentennial Park. Basically, it's an appearance before the Commission to tell
you something about the sculpture and ask your thoughts.
Vice Chairman Gort: We've had this before.
Mr. Warshaw: I know.
Vice Chairman Gort: I mean, Winton hasn't. Maybe he would like to hear it.
Commissioner Winton: I'm not sure I need a long explanation. There's probably some questirns, but
I've seen the renderings of it. I'm not sure I understand what the question is to us. Is there an issue...
Vice Chairman Gort: Do we have to approve this or...
48 November 16, 1999
Mr. Warshaw: Well, at this point, this is a personal appearance. It's not a bgislative item that has to
come out of this. I guess, after hearing the Commission's wishes...
Commissioner Sanchez: Mr. Chairman?
Mr. Warshaw: ...it would come back, if you wish to consider Bicentennial Park as an option for this.
Commissioner Sanchez: Has the administration made an agreement with the gentleman concerning
placing it and where the location?
Vice Chairman Gort: I think you're a little ahead of your time. I think you need to-- now that you
have the letter from Katz, I think you have to get together with the administration...
Mr. Noguera: OK. Can I add something?
Vice Chairman Gort: ... and come up with the right resolution.
Commissioner Sanchez: Yes.
Mr. Noguera: Can I add something? We have also two letters, one from architect, Lester Pancoast,
you know, the advisor to the Bayfront Park.
Vice Chairman Gort: Right.
Mr. Noguera: He was here but he need to left. Well, he supports the idea.
Vice Chairman Gort: Right.
Mr. Noguera: And, also, a letter from the Office of Mrs. Catherine Harris, the Secretary of State,
recommended that that parcel, Parcel C, that belongs to the State of Florida, could be considered, of
course, in accord with the City, you know.
Vice Chairman Gort: We support all this. What you have to do is go through the procedure right
now to get it done, OK?
Commissioner Winton: Mr. Chairman?
Vice Chairman Gort: Thank you. Yes, sir.
Commissioner Winton: I guess I do have one thought about that and that is that if your request -- if I
understood this right, your request was that this sculpture go into Bicentennial Park?
Mr. Noguera: That is correct.
Commissioner Winton: And I will have to admit that that makes me pretty nervous, making a
commitment to put a sculpture this size into a park, that we have no real master plan for yet, and I
think we need to have a master plan for that park before we make decisions that take up the kind of
land that this will take up.
49 November 16, 1999
01
Vice Chairman Gort: That's why the procedure. He has to go through the administration. The
administration has got to get together with him. They've got to come back to us and recommend yes
or no. OK?
Mr. Noguera: Can I add something? We are open, not only necessary for Bicentennial.
Vice Chairman Gort: Eight.
Mr. Noguera: That is the main option.
Vice Chairman Gort: We've been trying to locate a site for you for the last year and a half, Believe
me, we're trying real hard.
Mr. Albert Ruder: We gave -- Albert Ruder, Parks Director. We gave Mr. Noguera a list of all the
parks about a year ago, so he could look at all of them and, like the Manager said, Pace was one of
the first ones that was suggested by the Commission, but he didn't think that was appropriate. So,
he's been looking at Bicentennial, but...
Vice Chairman Gort: Well, I understand. But that's something that he has to comply with the master
plan at Bicentennial.
Mr. Ruder: Right, right.
Vice Chairman Gort: OK? Thank you. Thank you.
Mr. Ruder: I agree with it.
Vice Chairman Gort: Eleven, Neighborhood Association. This will be the last item that will be
heard today. Next items will come back at 2 o'clock this afternoon.
Commissioner Teele: Mr. Chairman, I have a resolution relating-- at the end of this, please.
Mr. Leroy Jones: Good afternoon. My name is Leroy Jones. I'm the Director of Neighbors and
Neighbors Association, 180 Northwest 62nd Street. First of all, I'd like to thank the Commission for
giving me a proclamation in September for our first annual Community Service Awads banquet we
held. Commissioner Sanchez came to the event. I think he had a nice time. Thank ,you,
Commissioner Teele, for sending a representative from your office to attend. I've been awarded for
doing a lot of things in my community, but that day wa, the one that topped the cake. You can't
50 November 16, 1999
compare when people who struggle on a daily basis, like you, to support you and collect money to
have events dedicated to you for your service that you do for the community. So, I was honored, you
know, for the proclamation that the City of Miami gave me for my achievements that I've been
doing. We're here on behalf of the day. In June -- in July I met with you, Commissioner Gort-- I
think July or August -- Commissioner Sanchez, Commissioner Teele, also, Commissioner
Regalado's office, about the Commercial Revitalization Program that the County have. The way the
program works: the County allows a business up to a hundred thousand dollars ($100,000) for
interior and exterior facade renovations of destruction. One of the criteria is that the business have to
put up 10 percent, and if the business is located in a separate municipality, other than Miami•Dade
County, it would have to get support from that other municipality, even if you have additional
funding that's needed. If you don't need support from the municipality that you in, other than the
County, the criteria is that the County still wants you to get some financial assistance from that other
— that municipality in which your business is located in. I'm Eping to pass you a copy of some — the
recommendations that the County approved. At first it was 20 businesses. They narrowed it down to
17. And out of those businesses, three of the businesses -- four -- actually, four of the businesses
that's in that group, that was selected in the 17, are packages that was bid by my office. We
submitted 16 packages and out of the 16 packages, 14 -- out of 16 packages, four of them was
approved through Miami -Dade County. One of them is located in Miami -Dade County, so, I don't
need no support from the City, and three of them is located in the City, which is Mr. George Real
Estates, Ms. Ann from Ms. Shakers' Conch House, and Mr. Omega from Omega Fashion. All they
did was approve for funding through the County. Each one of these businesses. Mr. George was
approved for twenty thousand dollars ($20,000). Ms. Shaker was approved for ten thousand eight
hundred and fifty-two. And Mr. Omega was approved for twenty-five thousand. The way the
County works, if you're in another municipality, the most the County would give you is fifty
thousand dollars ($50,000). That municipality that your business is located will have to put in
additional funding.
Vice Chairman Gort: Leroy, my understanding is, for the figures you gave me, you need
twenty-seven hundred dollars ($2700) from the City of Miami.
Mr. Jones: No, sir. I need a lot more than that. The figures that I gave you was the figures that the
County approved.
Vice Chairman Gort: I thought you said 10 percent.
Mr. Jones: I'm going to give you the figures that they applied for, that they need to complete the job
and, then, I'm going to give you the figures that the County awarded, and then I'll let you know how
much they need. For example, George Real Estate, he applied for eighty thousand. The City
approved him for twenty. So, he needs sixty thousand.
Commissioner Teele: The City or the County?
Mr. Jones: The County approved him for twenty. Shaker's Conch House applied for forty-three --
four hundred and thirty-one. The City approved them for a ten thousand eight hundred and
fifty-eight.
Commissioner Teele: The County. The County.
Vice Chairman Gort: The County.
Commissioner Sanchez: The County.
51 November 16, 1999
Mr. Jones: The County. I'm sorry. I'm sorry. The County approved them for ten thousand eight
hundred and fifty-five. They need thirty-two thousand five hundred and seventy-three to complete
the job. Omega Fashion applied for a hundred thousand. The County approved them for twenty-five
thousand. They need seventy-five thousand. A total of one hundred and sixtyseven thousand five
hundred and seventy-three dollars ($167,573) that they need. Now —
Commissioner Winton: What's that number again?
Mr. Jones: Sir?
Commissioner Winton: What was that total number?
Mr. Jones: One hundred and sixty-seven thousand five hundred and seventy-three. The way the
County process is, even if these businesses had the additional funding that they needed to complete
the project, the County still would rot approve them for the funding, unless the City approved them
for the rest of it, other than the ten thousand — the 10 percent that they need to put up. The other
members here are people that's located in the City of Miami, who packages we done, and theway the
project work is, the business, if it's not in the County, would have to seek some financial assistance
from that municipality that it's located in.
Commissioner Sanchez: What percent is that?
Mr. Jones: Say it again, sir.
Commissioner Sanchez: What percent is that?
Mr. Jones: The County would only —the County can put up to fifty thousand dollars ($50,000). But
most of the projects, they was only putting up— if you're located in another municipality, other than
Miami -Dade County, they only putting up twenty-five thousand. Most of the projects. You've got a
couple of the projects in there are on that list that I'm giving you, that they gave some fifty and some
a hundred thousand, but they're located in the County. But if you're in another municipality other
than Miami -Dade County, you would have to get the rest of the funding...
Commissioner Sanchez: But the County can only pay twenty-five percent, maximum fifty thousand?
Commissioner Teele: No. No, they can't.
Mr. Jones: Uh-huh.
Commissioner Sanchez: No?
Vice Chairman Gort: No.
Mr. Jones: No. For example, the way the project works: The County could give you up to a
hundred thousand dollars ($100,000) if you're located in Miami -Dade County. If you're located in
another municipality, they could give you up to fifty thousand, the less twenty-five thousand. Most
of the projects, they just been giving them twenty-five thousand.
Commissioner Teele: But let's be careful.
52 November 16, 1999
c�
Mr. Jones: Yes.
Commissioner Teele: What the County -- you're not exactly right. The County could give these
businesses the same amount of money they're giving other business as that are in unincorporated
Dade County, if they chose to.
Mr. Jones: Right.
Commissioner Teele: As a matter of-- by federal regulations. As a matter of policy-- and we talked
about that early today -- they have said -- and this is -- again, the first round of this, they said, if
you're in the City of Miami, we're going to treat you differently from if ycu're in the County. Before,
there was no distinction. And, so, what this winds up being is that this program is a program that we
should ask our County staff to evaluate and to come back to us on because -- I'm talking about
overall program. Because I think the program has a lot of merit, the County program of providing
economic grant assistance to businesses. That's, essentially, the program the County's doing. It's a
90/10 program. It's a 90/10 program. In other words, the federal -- the way they have structured the
program, they are providing up to— is it a hundred thousand dollars ($100,000)?
Mr. Jones: Yeah.
Commissioner Teele: A hundred thousand dollars ($100,000). Let's be real clear. They're providing
up to a hundred thousand dollars of support. Now, technically, under the way they've done it, they'll
only provide ninety thousand dollars ($90,000), and the individual business puts up 10 percent. And
this is a new program that they've come out with. It's a very good program. So, its a 90/10 basis.
Now, what they have done in the City of Miami is, they have said, rather than putting up 90 percent
and the business put up 10, we will only putting up 20 percent.
Commissioner Winton: The City?
Commissioner Teele: No, the County.
Commissioner Winton: OK.
Commissioner Teele: And say— and that means the City has now got to put up 70 percent.
Mr. Jones: The additional.
Commissioner Teele: So, what this is is a lost leader deal now. So, now, we've got to put up 70
percent to chase 20 percent. I don't have a problem doing that. I think the broader issue is, number
one, the County is now clearly saying "We're not going to provide the level of support," and that's
the thing that we heard in the public hearing. The second thing that this says to us is that, if the
County is not going to provide the full 70 percent, then, who is really doing the due diligence on the
packages in the City? And the thing that I fear most in government is that we give people enough
money to fail or not enough money to succeed. There are more examples of government doing that,
particularly, to minority businesses than any other thing. And, so, I would basically— the other and
the more important issue, is that you applied, under the Community Development process, for loans
or grants for these businesses, did you or did you -- so, that's a part of a competitive -- on a separate
track now. When the CD (community development) people held their open solicitation for
proposals, this organization submitted and you submitted, basically, to support these four businesses,
is that correct?
53 November 16, 1999
Mr. Jones: All the businesses that's members of our organization.
Commissioner Teele: Well, the 16...
Vice Chairman Gort: Twenty.
Commissioner Teele: You supported -- the priority would be four that have got some monies
available, I would assume?
Mr. Jones: Yes.
Commissioner Teele: And what I want to be careful about is that we don't put ourselves in a position
where everybody else is submitted in this category comes back and attacks the process now.
Because it's being evaluated by the staff, and if we -- we need to put that on the record, that we're not
going to interfere with the staffs evaluations. And when will those -- when will the
recommendations be back with us? And, then, we can act upon this request, consistent with the grant
application that you have. Because if we're not careful, we're going to get ourselves in trouble with
the federal program because they're evaluating your application, along with everybody else's, and if
You come out recommended and somebody else doesn't, then they're going to say, "Well, the only
reason" — you know, they could say a lot of things.
Mr. Jones: Commissioner, if I can say this. We didn't apply for commercial revitalization funding
from the City for these businesses. My organization did apply for funding through the City, but for
technical assistance and for assistance for our warehouse distribution center. Now, if I could...
Commissioner Teele: OK. I stand corrected.
Mr. Jones: Yes, sir.
Commissioner Teele: You're saying that you did not apply for any funds for these four businesses
that have funding recommended...
Mr. Jones: No. Right.
Commissioner Teele: ... or the other business that may be in the City.
Mr. Jones: Right. See, that's totally-- the money that my organization award is totally separate from
these applications that we did for these businesses.
Commissioner Teele: Then I would move...
Mr. Jones: We don't receive funding for that. It's totally separate.
Commissioner Teele: Then I would move that the Manager receive the information and make a
recommendation in the next Commission meeting regarding, as a priority, the four businesses that
have been recommended for funding by the City -- by the County, to determine whether or not we
support -- the management supports for providing the local match. And included in that
recommendation will be an economic analysis of the total program to ensure that the totd program is
adequate, based upon the scope of work to meet the needs, and that that report would be back at the
next meeting.
54 November 16, 1999
Mr. Jones: Commissioner, if can...
Vice Chairman Gort: There's a motion. Is there a second? Excuse me. There's a motion. Is there a
second?
Commissioner Winton: Second.
Vice Chairman Gort: Second. Discussion? Go ahead.
Mr. Joncs: This program only— they only allowed a certain amount of time before they get approval.
They only got about another two weeks to get some approval from the City, saying the City going to
help them or they're going to be disqualified from the program. When we first started working on
these projects, I met with all of you all and I explained this program, other than you, Commi$ioner
Johnny, about this program, and I received support letters from you all saying that you're going to
support us on this issue. You know, if...
Commissioner Teele: Well, I would amend the motion to also request that the Manager and the
Attorney communicate to the County that the program is under active review and to give us an
additional 30 days to make a decision, with the understanding that we're looking for a
recommendation to come back to us on December 7th.
Mr. Jones: Thank you, Commissioner. One other thing, Commissioner, and I'll be done. These
other businesses also applied, too. And the way the program is feathering out, it's going to be some
monies still available. And if I could sit down with the Manager and you all and discuss theother
business that applied and the funding that's available, then, we can work to help give them some
funding, too, because it's going to be some...
Commissioner Teele: I would include it in the motion that, as a secondary request-- but let's deal
with the thing that's on the time line.
Mr. Jones: Yes, sir.
Commissioner Teele: ...that Manager's staff will evaluate the other businesses that had applications
in, and determine the appropriateness of an action by the City.
Mr. Jones: I appreciate it.
Vice Chairman Gort: Will the seconder accept the...
Commissioner Sanchez: Call the question.
Commissioner Winton: Yes. =j
Vice Chairman Gort: Yes. Question. OK.
Commissioner Winton: May I ask a question? I guess I don't understand why we're at this stage
we're at.
Vice Chairman Gort: There are certain procedures that need to be followed before it comes in front
of us. It has not been followed, so he needs to follow that procedure.
55 November 16, 1999
Commissioner Teele: Got to have a Manager's recommendation.
Vice Chairman Gort: Has the Manager's recommendation. It has not been in front of the Manager.
Commissioner Winton: OK. And we just didn't get it done in time?
Vice Chairman Gort: One of the things we requested from the Manager, any personal appearances
that's going to come in front of us, they're going to request for funding, I think it should go to you
first before it can come back to us so we don't have to go through this. OK?
Mr. Jones: Commissioner, I met with the Manager, as well. The Manager also gave me...
Vice Chairman Gort: Leroy, there's a process.
Mr. Jones: OK. I'm sorry.
Vice Chairman Gort: ... that need to be followed and you didn't follow it. Let's leave it at that.
Mr. Jones: OK.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Nay? No nays.
56 November 16, 1999
0
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-857
A MOTION AUTHORIZING THE CITY MANAGER TO RECEIVE
INFORMATION FROM NEIGHBORS AND NEIGHBORS
ASSOCIATION (NANA) IN CONNECTION WITH MATCHING
FUNDS FROM THE CITY RELATED TO MIAMI-DADE COUNTY'S
FINANCIAL ASSISTANCE FOR COMMERCIAL REVITALIZATION
PROGRAM; FURTHER DIRECTING THE CITY MANAGER
(HEREINAFTER REFERRED TO AS MANAGER) TO EVALUATE
AND MAKE A RECOMMENDATION AT THE NEXT COMMISSION
MEETING ON DECEMBER 14, 1999 GIVING PRIORITY TO THE
THREE CITY BUSINESSES RECOMMENDED FOR FUNDING BY
MIAMI-DADE COUNTY (GEORGE REAL ESTATE APPROVED FOR
$20,000, SHAKERS CONK HOUSE APPROVED FOR $10,852,
OMEGA FASHION APPROVED FOR $25,000) TO DETERMINE
WHETHER TO MATCH SAID FUNDS; FURTHER DIRECTING THE
MANAGER TO PERFORM AN ECONOMIC ANALYSIS OF THE
TOTAL PROGRAM TO ENSURE IT IS ADEQUATE BASED UPON
SCOPE OF WORK TO MEET THE NEEDS; FURTHER DIRECTING
THE MANAGER AND THE CITY ATTORNEY TO REQUEST FROM
MIAMI-DADE COUNTY AN EXTENSION OF 30 DAYS DURING
WHICH TIME THE CITY CAN EVALUATE ITS PROPOSED
PARTICIPATION REGARDING THIS MATTER; AND FURTHER
DIRECTING THE MANAGER TO ALSO EVALUATE THE
REMAINDER OF APPLICATIONS SUBMITTED BY THIS
ORGANIZATION.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Thank you. See you back at— need a resolution.
Mr. Jones: Thank y'all so much.
57 November 16, 1999
P
Commissioner Teele: Mr. Chairman, the time is 12:12. I would like to read a resolution and ask to
be dispatched.
[AT THIS POINT, COMMISSIONER TEELE READ THE RESOLUTION INTO THE PUBLIC
RECORD]
Commissioner Teele: And that this resolution shall become effective immediately upon adoption. I
would so move.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second. Discussion? Being nong all in favor state by
saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-858
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
DEEPEST SYMPATHY AND SINCEREST CONDOLENCES OF THE
CITY COMMISSION ON BEHALF OF THE CITY OF MIAMI AND
ITS CITIZENS TO THE FAMILY AND FRIENDS OF JOE LANG
KERSHAW, SR., UPON HIS UNTIMELY DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Thank you. See you all at 2 o'clock.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:15 PM AND
RECONVENED AT 2:12 PM WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT, EXCEPT COMMISSIONER TEELE.
58 November 16, 1999
Note for the Record: No appearance on behalf of Richard Astrom.
Vice Chairman Gort: While we're waiting for Commissioner Teele, let's — Item 12, which is a
report. Item 12. Personal appearance by Richard Astrom. Is Mr. Astrom here?
Mr. Donald Warshaw (City Manager): I guess not.
Note for the Record: No appearance on behalf of Ms. Emma Martin.
Vice Chairman Gort: Item 13, Ms. Martin. These are all personal appearances.
Mr. Donald Warshaw (City Manager): They're both personal appearances, yes.
Note for the Record: COMMISSIONER TEELE ENTERED THE COMMISSION CHAMBERS
AT 2:15 P.M.]
Vice Chairman Gort: Let me ask you a question. Whenever we have a personal request like this, do
we find out what are they inquiring, like a little while ago we had someone that should have gone to
you before they come to us. So, whenever there's a personal request, I think we would appreciate if it
goes through you all first.
Mr. Warshaw: Commissioner, there are some times that personal appearances requests come via
Commissioner's offices and, basically, they're just asking, you know, to get on the agenda and
sometimes they're being requested by a Commissioner. We put them on and try, at the same time, to
meet with them to see if there's any recommendations that the administration needs to make, but it
can get on a variety of ways.
Vice Chairman Gort: OK. Commissioner Teele is here. So, Item 6. The allocation of CDBG
(Community Development Block Grant) funds to HOPE. We're going to hear item 52 as a request
of — 52.
Ms. Christina Abrams: My name is Christina Abrams. I'm the Director of the Department of
Conferences, Convention, and Public Facility, and I'm here to make a brief presentation on the
department and our responsibilities. Our department is responsible for the management, operation,
and maintenance of the Dinner Key Marina, the Miamarina at Bayside, Marine Stadium Marina,
James L. Knight Center International, the Manuel Artime Community Center, the Coconut Grove
Convention Center, and the Orange Bowl Stadium. Our department in fiscal year `98/99 grossed
over fourteen million dollars ($14,000,000) in revenue, and we've hosted more than one point one
million visitors to our facilities. Dinner Key Marina is considered the largest marina in the State of
Florida.
Commissioner Teele: Excuse me. Mr. Chairman, is there a handout with this?
Ms. Abrams: No, sir, there isn't.
59 November 16, 1999
9
Vice Chairman Gort: No. And the reason we're hearing this at this time because Ms. Abrams, my
condolences to you. Her grandfather passed away and the funeral is today, and she requested to be
heard now.
Ms. Abrams: But I'll be sure to forward a copy to your office. Dinner Key Marina has five hundred
and eighty-two slips and operates at 94 percent capacity. We allow for some vacant slips for
transient visitors that come to Miami in the peak season. The marina grossed over two point five
million dollars ($2,500,000), which is the highest revenue that the marina has ever produced in its
history, and we've recovered sixty thousand dollars ($60,000) delinquent accounts, which the marina
had a history of delinquent accounts, and we retained the private company, who's helped us with the
collection. Dinner Key Marina is managed by Renato Diaz, the marina's manager. We also manage
the Marine Stadium Marina, which is a dry storage marina. It has a capacity for two hui-ired and
fifty slips. The marina grossed over six hundred and fifty thousand last fiscal year. It has 92 percent
occupancy. And the only reason we have eight percent vacancy is because the slips were in
disrepair. This year we initiated the repair of the racks and we also initiated fuel service. Marine
Stadium Marina is operated by Steven Bogner, the Marina's manager. We're also responsible for
Miamarina at Bayside. This is a new Marina that was recently constructed and opened in October of
1997. It has a hundred and thirty-five slips that are geared mostly for commercial, transient, and
permanent vessels. Most of the visitors to Miami go to Bayside and enjoy the various vessels that
operate there. The Marina grossed over eight hundred and forty-two thousand dollars ($842,000) last
fiscal year, which exceeded revenue projections and met 116 percent. Also, the marina manager
developed and implemented an Economic Development Plan that produces a hundred twenty
thousand dollars ($120,000) recurring revenue each year. The marina is managed also by Steven
Bogner, Marina's Manager, and hosted the Miami International Boat Show last year, the strictly sail
portion that had over one hundred thousand visitors. It also hosted the Super Bowl XXXIII Pregame
Broadcast that was viewed from around the country and the world. The department also is
responsible for the James L. Knight International Center, which is a public/private partnership
between the Hyatt Corporation, the City of Miami, and Heines Corporation. The facility hosts world
class events, including the Summit of the Americas, Lord of the Dance, the Latin Music Awards,
major billboard artists, and international performers from various countries around the world. We
booked over two hundred and forty-five events last fiscal year and we renegotiated in 1996 the hotel
lease, which increased the rent revenue from the hotel by over five hundred percent. The Marina
host -- the James L. Knight Center has hosted two hundred and eight conferences, conventions and
meetings with sixty — over sixty-one thousand room nights with an economic impact of over
seventeen million. The gross revenue for J.L. Knight Center was in excess of six point five million.
We also manage the Manuel Artime Community Center, which is an eight hundred theater — seat
theater with twenty-five thousand square feet of office space. It is also occupied by fifteen different
community services that offer a variety of service to the community, including day care, Alliance
Blind Association, and other agencies. It offers the public affordable events, and we recently had the
Florida Philharmonic, which was free to the public, and a variety of other events. We also secured a
hundred and forty-five thousand dollar ($145,000) from the Dade County Cultural Affairs Council to
refurbish the theater. The Coconut Grove Convention Center hosts two hundred and thirty show
days, which shows it's one of the most busiest facilities. It grossed over eight hundred thousand
dollars ($800,000) in revenues and is recognized, nationally, as one of the most cost-effective
facilities, based on our operating expenses. The events that we have hosted this year include the
American Airlines Travel Expo, the South Florida Orchid Show, the Home and Design Show, the
Medical Expo, the Florida International Hotel and Restaurant Bakery. And, lastly, but not least, is
the Orange Bowl Stadium. The Orange Bowl Stadium is a seventy-four thousand seat stadium. It is
the home to the University of the Miami Hurricanes Football,which recently renewed their contract
for another 10 years. It grossed over two point eight million dollars ($2,800,000), and has hosted
events, such as the Orange Bowl Classic, recently the UM (University of Miami) and Penn State
60
November 16, 1999
f�,
game, which sold out, and will be hosting the Gold Cup Soccer competition in February, which will
be competition between four different countries. And, also, we will be hosting the Metallica Concert
in December with your approval. Ands also, we recently filmed the Any Given Sunday, which
stayed at the Orange Bowl for over four months. Our goals and visions into the future are to
continue to provide exceptional service and events to the public; to be recognized worldwide as a
provider of quality facilities and first class servbes, and to continue to increase profitability, while
maintain the highest standards of appearance and professionalism within the approved budget.
Thank you very much.
Vice Chairman Gort: Thank you. Are there any questions?
Commissioner Winton: Yes.
Vice Chairman Gort: Christina?
Commissioner Regalado: Christina?
Ms. Abrams: Yes, sir.
Commissioner Regalado: How long is the contract between the Fusion and Lockhart Stadium in Fort
Lauderdale? Do you know?
Ms. Abrams: I don't know, sir.
Commissioner Regalado: Is it a five -years --? Any possibility of them coming back to the Orange
Bowl?
Ms. Abrams: Well, it's interesting you mentioned that because the Metallica concert that's going to
be at the Orange Bowl is being brought to us by Fantasma Productions, which is one of the investors
into the Fusion and they did talk to us last week about bringing exhibition games to the Orange Bowl
Stadium.
Commissioner Regalado: Because I have learned that they're having problems in terms of
marketing...
Ms. Abrams: And attendance.
Commissioner Regalado: ...and assistance. And I think that the City should approach them, not wait
for them to approach us. I mean, we have the stadium and we have the public that they want to reach
in terms of marketing. So, I would like, if you can, that you get in touch with them to explore any
possibilities of them coming back.
Ms. Abrams: All right, sir.
Commissioner Winton: Christina, I have one question or maybe it's a request. In looking at all of
the financial information you provided, it was always gross operating revenues and, as some of my
constituents heard me say earlier today, I'm really — if we're going to dole out public dollars,
performance -based standards are going to be very crucial to my voting to give out public dollars. I
think, from a public standpoint, in terms of facilities that we manage, I would like to see more
information thanjust gross revenue. I would like to see net operating income and I would like to me
net cash flow after debt service and capital costs, so that we know what the real bottom line
61 November 16, 1999
performance is on these facilities. I also understand that some facilities clearly won't make money
and, in some instances, probably shouldn't make money. Bit from my perspective, I want to know
that and I want to have that information in front of me. So, is it possible for us to get that
information...
Ms. Abrams: Absolutely.
Commissioner Winton: ... on a routine basis?
Mr. Donald Warshaw (City Manager): Yes.
Vice Chairman Gort: Thank you.
Ms. Abrams: You're welcome.
Vice Chairman Gort: All right. In order to-- yes, sir. You have any questions?
Mr. Warshaw: Christina?
Vice Chairman Gort: Christina?
Ms. Abrams: I'm sorry, sir.
Commissioner Teele: Christina, let me also commend you for coming forward. I can't say loudly
enough how strongly I agree with what the Commissioner just said. It's really-- given the fact that
we're in a financial emergency, it's incumbent upon this Commission to understand, like any board of
directors of a corporation -- and while every department is a part of this corporation, this municipal
corporation -- clearly, if we have a responsibility to act like a fiduciary, it's in your department and
the information that we've had, it looks good and its -- you know, it's great Chamber of Commerce
stuff. No reflection on the Chamber. But it really doesn't address, at all, in any details, the kind of
information we want. For example, how much money are we losing on the Knight Center?
Ms. Abrams: Three point five million, approximately, pending the year-end.
Commissioner Teele: OK.
Ms. Abrams: I believe the finance...
Commissioner Teele: So, we're losing three and a half million dolhrs ($3,500,000). But nowhere in
this presentation, nowhere would that even -- I mean, nowhere does it even suggest that there's a
problem. I mean, it's all, you know, coining up roses and, you know, that's great if it is but if it's not,
it's not in our best interest to get that kind of presentation. I mean, you know, you look at the
numbers, you say we're generating fifteen, sixteen million dollars a year. Yeah, but how much does
it cost to run it? I mean, that sounds like a great number. Everybody watching this on TV says
"Look at those jerks. Why are they charging us all these taxes?" That's what they've got to say when
they see that. But if they realize that we really aren't charging-- we do charge too much taxes. But if
we realize that — I can't even finish that. But if you realize that, it's not just fifteen million dollars
($15,000,000) but it's more like eighteen million dollars ($18,000,000) to run it-- and I don't know
that's the number. And maybe -- you know, one thing is really making a real, real profit and
something else is losing, but we need to evaluate each one of these activities on its own merit. Some
of this stuff we ought to sale off, maybe. This Commission has had, as a policy recommendation,
62 November 16, 1999
Commissioners, for three years, the sale of the Knight Center. It is in the Five -Year Plan for three
years. The condition precedent to the sale of the Knight Center was the establishment and the
appointment of a Financial Advisor because it's a very complicated process. We've not appointed a
Financial Advisor in three years so, obviously, we can't begin the process intelligently of selling the
Knight Center. I would very much like to ask the Manager to ask you to make this report again in
the next three or four months, maybe even ahead of some of the other departments, because I think
it's clearly what we need to get our hands around, if we're here as financial managers or financial
board of directors of this corporation. I would, specifically, ask if you would ask each of the
managers of each of these facilities to come forth to this podium, and if you would just introduce
them...
Ms. Abrams: I'd be glad to. Thank you for the opportunity.
Commissioner Teele: ...to the public. Because I think, you know, we've got a lot of gx>d people
here, and I think we don't take enough time to say thank you. We certainly need to say thank you.
And if you would just -- ma'am, if you could just step to the side for a minute and let each one of the
managers, if you could just introduce to the public...
Ms. Abrams: Thank you very much. I appreciate the opportunity. But I'd like to point out...
Commissioner Teele: Ma'am.
Ms. Abrams: I'd like to point out that the Knight Center deficit stands alone. It does not— the
revenues from the other facilities don't subsidize the Knight Center deficit because it's a separate
account.
Commissioner Teele: No. But hold it. Hold it. I'm not going to let you get away with that. If I
may, Mr. Chairman? The citizens of Miami are subsidizing the Knight Center. We have pledged the
proceeds of our electric -- is it utility, the Florida Power & Light...
Ms. Abrams: Utility Service Tax.
Commissioner Teele: ...franchise? And, so, everybody who's paying a Florida Power & Light bill
that the City gets money back...
Vice Chairman Gort: Is helping to pay for that.
Commissioner Teele: The City is subsidizing that, which makes it even worse. I would feel a lot
better about the department if it was cross -subsidizing from, you know, enterprise -type activities
because by tying up that three and a half, four million dollars as we've tied up, we, literally, are
hurting the entire City. So, it's not like it's coming from somewhere else. It's coming from the Utility
Franchise Fee, which is paid by every citizen and every business in this community.
Ms. Abrams: Every month we prepare a monthly report...
Vice Chairman Gort: Excuse me. Christina, just a minute. What's the gross income and gross
expenditure?
Ms. Abrams: The gross revenues are fourteen million. The expenses are ten million, as a whole.
The department produces a surplus of seven point four.
63 November 16, 1999
Vice Chairman Gort: OK.
Ms. Abrams: But that goes to pay the debt service.
Vice Chairman Gort: Right.
Ms. Abrams: The Knight Center, which is six point one and other debts.
Vice Chairman Gort: I understand, but this is some of the figures-- I'd like to suggest also to the
Manager, as we make this presentation to us, so people know about the department directors and
what each department does that we can incorporate this also into Channel 9. I think it's very
important for the public and channel 9 to have this presentation, also.
Mr. Warshaw: If I may just add? And I agree a hundred percent with Commissioner Teele. There's
obviously a large debt service on the Knight Center but, independent of that, my charge to Christina
is to continue to market the Knight Center and to create as many event days during the ,year as
possible because it still is, you know, a great facility for us. It has an ideal size in this market place
that there aren't too many other places that have something that's comparable, in spite of the debt
service and, believe me, we'd love to sell the Knight Center. And I know we've gone through that.
And, by the way, on Friday, we did issue the RFP (Request for Proposal) for the financial
advisor... finally.
Vice Chairman Gort: Christina, are you going to introduce your stall
Ms. Abrams: Yes, I'd like to. I'd like to start by introducing the manager of the Orange Bowl
Stadium, Ileana Gomez. Ileana has done a great job in booking many events and, you know, I credit
her with the success of the Orange Bowl. Then I'd like to introduce Lilia Varas, who's the manager
of the Manuel Artime Center, and she's also done an excellent job. She has very few resources. She
has only two employees and runs the facility seven days a week.
Vice Chairman Gort: I remember when she used to have black hair when she started managing it.
Ms. Abrams: Yeah, the Job did that to her. After that, I'd like to introduce Renato Diaz. He's the
manager of Dinner Key Marina. He's been with the City 15 years. And I credit him with producing
the highest gross revenues in Dinner Key Marina's history. Then, I'd like b follow that with Steven
Bogner, who's new to the City of Miami. He's been with us two years. Steven runs Marine Stadium
Marina and also Miamarina Bayside, which opened in'97, and he's done an excellent job in filling
the Marina and in training a professional organization and producing the revenues that he's
producing. And then I'd like to continue to Greg Wright. Greg is the Manager of the Coconut Grove
Convention Center. He's an outstanding manager because he is running that facility with only five
employees, and he's produced tremendous gross revenues and he's a credit to our department. And
then, although not standing up, I'd like to introduce Ruth Robinson, who prepared the presentation.
Ruth Robinson is a college intern. She's working with my department. We soon hope to make her
permanent. If she would stand up. Ruth has a master's in Health Management Services. She's also a
registered nurse, and she's also a computer genius. And I'm really happy to have her in my
department. And then Siegfried Espejo. Siegfried Espejo, he's the senior staff analyst. He has been
with the Knight Center since it opened, back in 1982, and he's probably the most knowledgeable
person on the Knight Center. And then Terry Buice, my assistant director, who I would be lost
without, and he's a great person to work with and a great person.
Vice Chairman Gort: How about James?
64 November 16, 1999
Ms. Abrams: And James Tevas.
Vice Chairman Gort: Who's he working with?
Ms. Abrams: James Tevas is the Event Coordinator and Marketing Manager. He works with the
bureau; he books events; he coordinate conferences. He's extraordinary with also minimum
resources and a great attitude, and he's a pleasure to work with.
Vice Chairman Gort: Thank you, ma'am. Appreciate it. Thank you all. Thank you.
Vice Chairman Gort: For the sake of time, I'd like to put our employees back into the work. The
Coconut Grove NET (Neighborhood Enhancement Team) is here. If you don't mind, I'd like to hear
their presentation so we can get them back out again. Coconut Grove NET, you're on. Thank you,
Christina.
Mr. Francisco Garcia: This will be a low -tech presentation. Good afternoon, Honorable
Commissioners. My name is Francisco Garcia and I am the administrator for the Northeast Grove
NET (Neighborhood Enhancement Team) Office. I thank you for the opportunity to share with you
a snapshot of the activity that takes place at the Northeast Coconut Grove NET Office I appreciate
your time and I promise, I'll be brief. The Northeast Grove NET area is located along the Bay shore
and I am proud to say it happens to be the home of this City Hall. I wanted to share with you,
briefly, a couple of facts about the NET district, so that — and I think you'll find them interesting.
The population is essentially nineteen thousand three hundred and eighty; the total of households is
eight thousand eight hundred and twenty, median age, 35 years; number of businesses, three hundred
and forty-three; number of employees in Northeast Coconut Grove, eight thousand nine hundred and
fifty-nine. As pertains to our NET office, on a yearly basis, we handle approximately three thousand
one hundred and nineteen. That is actually the number that we've handled so far this year. We
attend approximately one hundred and twenty-seven meetings we had so far this year — public meetings, that is. We conduct three thousand two hundred and fift)�Leight inspections, and we have
brought so far this year one thousand eight hundred and seven violations into compliance. That's as
far as the trivia goes. I'd like to then introduce briefly the people who make all of this possible, my
NET staff. Ana 7�apata, who is the office manager. The service center representative is not able to
be with us here today. She has an illness in the family. But I do have here-- if you would, please
come closer to the podium for just a moment. Gilda Rodriguez, who just handed out those booklets
to you, Inspector Gilda Rodriguez; Inspector Gisela Alfonso, and our Code Enforcement, Mary
Jones. They really do a great job. In addition to them, we have-- we're lucky to have, I should say,
four people assigned to our clean-up crew. 1'11 mention them by name. As we speak, they're out
there cleaning the streets, so they were not able to be here. Their names are Jill Turner, Louis
Theiusma, Willie Sandefer (phonetic), and Jose Fernandez. And they certainly deserve to be
recognized because they're out there at six in the morning trying to get the Grove ready for the
breakfast crowd, and they're still out there trying to clean up the streets. Following this, I would like
to leave you, briefly, with Lieutenant Daniel Watkins, so he may speak about the fine work the
Police Department does in the area, and I will be back briefly to complete the presentation. Thank
you.
65 November 16, 1999
Lieutenant Daniel Watkins: As Mr. Garcia mentioned, I'm Lieutenant Dan Watkins. I'm the
Commander for Coconut Grove. The major goal of the Miami Police Department is to provide
service of the highest quality, reduce crime and be accessible to community that we serve. One of
the ways that we can be accessible is by attending the number of meetings that Francisco mentioned.
Each year we attend homeowners' meetings, civic club meetings. Any meeting that you want us to
come to, we'll be more than happy to come to. One of the other ways that we are accessible to the
community is through an article that I write each month for the Coconut Grove Times. In this articb
I provide crime statistics and other important information. At the end of each article, I place my
E-mail address (cocogrove.lt). This enables the writers -- or readers of the articles to contact me
directly through the Internet. One of the most important meetings that we attend each year is the
Annual Coconut Grove Town Hall Meeting. This is put on by the Chamber of Commerce. Each
year this is a benchmark for us to tell how much and how well we are doing with the Coconut Grove
area. This last year, the only police matter that was brought up during this meeting was the noise
pollution of motorcycles. On April 15, Operation Quiet Street was implemented in the Coconut
Grove Business District. Immediately, we saw the effects of the reduced number of violators and the
number of illegal motorcycles in the Grove. The complaints from citizens also had diminished, and
we continue to work on this problem. Following the Columbine High tragedy, Officer Tom Braga
and Officer Audre Ekerd, the Neighborhood Resource Officers for the Coconut Grove area, which
are in the back of the room, conducted school surveys of each school and daycares in Coconut
Grove, public and private. They did a complete survey, a security survey. There were only minimal
problems that we found, and those schools that had the minimal problems addressed those problems
immediately. The most important thing that we got out of that information was the contact numbers
for the administration of the schools and also diagrams for each school. In the event there's an
emergency at one of these schools now, where the police or emergency personnel has to respond,
we're now able to respond and know exactly where we're going. In the past, if you had told us we
had to go to say Ransom Everglades and go to the music room or the auditorium, we'd have to go to
the office to find out where it was. Now, we have maps that will take us directly to those problems.
The Center Grove, which has long been a destination of many vehicles looking for inexpensive
parking has also been a target of increased police patrols. Utilizing raised swales, planting of trees
and shrubs, and no parking zones, this problem is being addressed daily. In the first 10 months of
this year, 12 -- over twelve hundred parking citations were written in Center Grove. Officers who
are assigned to the area during the peak days, Thursday, Friday and Saturday night, also target
qualify -of -life issues, such as under -age drinking and loitering. On October 31st of this year, the
Coconut Grove Business District hosted thousands of partygoers. This annual Halloween event
continues to grow each year. Prompting by the Miami Police Department, local establishments,
including Coco Walk and The Shops of Mayfair, prohibits the sale of glass containers on this day.
With their assistance, this event has been incident -free for the last two years. In fact, this year only
seven misdemeanor arrests were made. As officers that work for the Coconut Grove area go about
their daily routine, they're made aware of problems and concerns from area residents, as well as
through personal observations. Each officer working the Coconut Grove area, each month must pick
a project. At the end of that month, that project is, then, written up as a report. and such things as the
action taken, the problem, and what results are written down. Some of the projects that we've
recently addressed were combating speeding, assisting the homeless, reducing retail theft in the
business district and being very -- more visible in the residential area. These projects have helped
reduce crime overall in Coconut Grove by 16 percent while, in the business district, has been reduced
by seven percent. And, finally, I'd like to just say that all of the accomplishments that I've
mentioned, plus a number of other ones, could not be made without the diligent work by the officers
and the sergeants that are out here every day, day and night. So, I'd like to take this opportunity to
commend those officers and sergeants for doing a fine job. Thank you. (applause).
Vice Chairman Gort: Thank you, lieutenant.
66 November 16, 1999
Mr. Garcia: I'd like to say briefly-- I'd like to share with you my understanding of a NET Officer's
role. My understanding of a NET Office's role is to reach out and build partnerships with City
departments, County departments and other agencies; to identify the issues that affect the
community; to devise plans to address those issues, and to see those plans implemented. I would like
to share with you, very briefly, a number of the most successful projects we have tackled over the
last nine months since I've been at the NET office, and I think they will show that each of those
relies on the sorts of partnerships that I just described. The implementation, joined with the Police
Department of an enforcement system, to curb excessive noise generated by businesses in the
Coconut Grove central commercial district; the implementation, joined with the Solid Waste
Department, of a clean-up detail for residential neighborhoods near commercial areas. That has been
very successful. Work joined with the Off -Street Parking Department and the Coconut Grove
Parking Advisory Committee, to create a local transit system, which will facilitate transit activity
between the Coconut Grove commercial and residential areas. Production jointly with Mass Media
Enterprises, a local media group, of a parking directory map for the central commercial district,
which has — which will be, as soon as it's implemented, of great assistance to the visitors to the
Coconut Grove Commercial Center. Identification and removal, joined with Public Works
Department, of illegal newsracks from the public right-of-way. Some remain. We'll get to those,
also. Identification of sidewalks and street lamps in the Village Center, which need repair for future
work with the Public Works Department and GSA (General Services Administration) to undertake
repairs to these and, finally, one of the most exciting projects that I've been involved with lately, the
coordination of the Bayshore Drive Median Beautification Project, which involves the Coconut
Grove Festival Committee, the MiamimDade County Public Works Department and Parks
Department, the City of Miami Public Works Department, and the Coconut Grove Tree Man Trust.
Again, alliances forum to enhance the appearance and quality of the community. Those are only
really to name a few. Then, I'd like to move to the community report segment. In a community of
very active participants, I have asked some of the most active participants in he Coconut Grove area
to come here today to appear before you and share with you some of the thoughts they have about
how the NET Office functions and about how, perhaps, the work of the NET office can improve and
the function can improve in the City. I'd like to first introduce Mr. Frank Balzebre, who is the
Chairman of the Coconut Grove Village Council and the president of the Coconut Grove Civic Club.
Mr. Frank Balzabre: Thank you, Francisco. Commissioners, thank you for the time to elaborate on
NET office in Coconut Grove. I'd first like to say that-- Frank Balzabre, 3925 Park Drive. I was
lucky enough to be invited by the manager and staff to be part of the selection process when we had
to go out and get a new staff-- NET administrator, when Maggie Cordova retired. So, this goes back ' f
to November of last year. I was part of that process. I'd like to read a letter from Mr. Raul Martinez " =`
into the record. "Dear Mr. Balzabre, I would like to thank you for the time you took to participate in
the selection process of the Northeast Coconut Grove NET administrator. Partnerships between the
public sector and community groups, such as yours, lead to better government, and your presence at 'S
the interviews enhanced the selection process. Again, thank yai for your involvement in making
Miami one of the best cities in the world." Very succinct to say, the community thanks you for very
much for your selection. And it has been a very true public, private partnership. And as far as the
recommendation to the NET office itself, my only recommendation would be more staff. More help
in Code Enforcement. With that, I think he could do more, operate on a better level, get more done.
So, we thank Francisco and we thank Lieutenant Dan Watkins for all their help, for making Coconut f
Grove a better place. (.-
Vice Chairman Gort: Thank you.
Mr. Donald Warshaw (City Manager): Thanks, Frank.
67 November 16, 1999
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Mr. Garcia: Thank you, Mr. Balzabre. In continuing, I'd like to introduce Mr. Robert Masrieh. He
is the chairman of the Coconut Grove Parking Advisory Committee.
Mr. Robert Masrielr: Thank you. Good afternoon, Commissioners. My name is Robert Masrieh and
my office is at 2980 McFarlane Road, Coconut Grove. I'm here only to say a few words to you
regarding the Northeast Coconut Grove NET Office and the NET system, in general. First, I'd like to
commend all your staff, Francisco and yourself, for the excellent job, the polite and helpful service
that you have, and your staff, have always given us. The NET office serves as an effective way for
City government to interact with our local communities. We've had many instances in the past
where the NET office has assisted in many different community issues, ranging from the Coconut
Grove Planning Study that was conducted a few years ago, all the way -- along with the Parking
Trust Fund issues that we deal with on a daily basis and where I, particularly, am involved with the
NET and other departments. And now, more recently, with the proposed county improvements at
the intersection Main, Grand and McFarlane. I believe that the NET system is effective and
necessary and, in fact, could use further enhancement in areas where it would allow for more
involvement to the public and the City government to benefit together, but we won'tget into those
today. Thank you.
Vice Chairman Gort: Thank you.
Mr. Garcia: Thank you, Mr. Masrieh. I'd also like to introduce Mrs. Silvia Cejas. She's the
president of the Coconut Grove Chamber of Commerce.
Ms. Silvia Cejas: Good afternoon. Silvia Cejas, president of the Coconut Grove Chamber of
Commerce and also Director of Marketing for Coco Walk, 3015 Grand Avenue, Coconut Grove. To
begin with, we'd like to say the experience with the NET Office has been extremely positive. The
NET office provides a clear understanding of the issues that are important to both residents and
business in the community of Coconut Grove. Coco Walk, as well as the Chamber of Commerce,
has needed to call on the NET Office on many occasions. I think that it's probably the one phone
number I know by heart in the City of Miami, and it's really a pleasure to call an organization in
which you always receive help in a polite, courteous and professional manner. And I'd like to give
three examples -- specific examples of the many — the only three of the many projects, which the
NET office has assisted us on. To begin with, we had a progressive dinner this summer for Pow
Wow delegates. Pow Wow is the travel show that brings the most important travel agents around he
world to this area, and we were able to attract one hundred VIPs for a progressive dinner in Coconut
Grove, in which we visited a number of restaurants. The NET office, Francisco Garcia, Lieutenant
Watkins, were extremely important in making certain that this mission of entertaining a hundred top
delegates was carried through in a great manner. We, also, recently worked with the Florida
Department of Transportation on the issue of getting better signage for Coconut Grove, and we were
able to obtain three new signs, which you can see on U.S. 1, that say Coconut Grove in big letters.
And, once again, that was done through the partnership with the NET Office. And very recently we
had La Cumbre, which is a major travel show, which we entertain one thousand travel agents in the
Coconut Grove area, and we were able to, through the Chamber, to get the Greater Miami
Convention and Visitors Bureau to cover the expense, which was thirty thousand dollars ($30,000),
but could not have been done without the support of the NET office and, again, the Ciof Miami
ty
Police Department. I think in areas such as Coconut Grove, in which we have residents and
businesses together, really needs to have a NET office that understands both, and has really offered
such a valuable service to us. On behalf of Coco Walk, as well as the Coconut Grove Chamber of
Commerce, we'd like to thank all the fine work that both Francisco Garcia, Lieutenant Watkins, and
their staffs have done to make Coconut Grove a better community to live in and to work in. And I
68 November 16, 1999
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will say that, as far as ways to improve, support the NET offices as best as possible. And I think that
that's what you'll hear from most of us. Thank you very much.
Vice Chairman Gort: Thank you very much.
Mr. Garcia: Thank you very much, Mrs. Cejas. And lastly, I'd like to introduce- and I was sort of at
a loss to come up with a title for this gentleman, but Mr. Daniel Ricker. I will simply identify him as
the Community Issues Advocate. Mr. Daniel Ricker.
Mr. Daniel Ricker: Commissioners, thank you very much. Daniel Ricker, 4302 Ingraham Highway,
Coconut Grove, Florida. Well, Mr. Garcia, thank you. When he first called me to speak about the
activity of the NET office, I frankly said, "All I hear is very positive tlings." All I know is the trash
on Main Highway, across from Plymouth Church that used to be there year -in and year -out, day -in
and day -out, has been gone and I just checked it yesterday. So, I mean, it's been, oh, probably three,
four months now. So, whatever, you know, you've done to take care of that, has worked. But also,
this whole team, to me, validates the success of the NET office and how dependent it is on the people
staffing it. Mr. Garcia is, I believe, an architect by training. Everyone in fie Commission and the
City brings certain talents, and we've been blessed to kind of bring this group together for Coconut
Grove, which is, you know, kind of a unique area within the municipality. He and I have worked on
only one project with Coconut Grove Elementary School, and he was very organized and I believe, at
this point, we're able to get a good interface with the school system and they're proceeding in
resolving the matter. So, frankly, I-- as, you know, the citizen who's fairly critical sometimes, I have
no beef with this group, at all. On a slight note, I just came from the school board. Perla Togman
Hogman (phonetic) is the new chairman and Dr. Cropp was re-elected vice chair, so if anyone here
would like to send them a congratulatory letter, it would be really handy since much of the school
system is in their district. And also, in the County today --just one last thing -- Creole was passed as
a language to put on the election ballots and, hopefully, in the near future, for a County emergeney
stations for our communities. Thank you very much.
Vice Chairman Gort: Thank you.
Mr. Garcia: Thank you for your indulgence, Commissioners. In closing, I'd simply like to thank
Mr. Manuel Diaz, the NET Coordinator, Mr. Raul Martinez, and, of course, Mr. Warshaw for the
leadership and support they have provided us with. Thank you all.
Vice Chairman Gort: Thank you. Appreciate it. Thank you.
Mr. Warshaw: Good job.
Vice Chairman Gort: Now, we get back to Item 6. Item 6, my understanding, is a resolution
awarding the funds for the emergency move of relocations of some individuals we've had here.
Commissioner Teele.
69 November 16, 1999
Commissioner Sanchez: We're voting on Item 8?
Vice Chairman Gort: Item 6.
Mr. Alejandro Vilarello (City Attorney): Commissioner, this is a public hearing.
Vice Chairman Gort: It's open to the public. Item 6.
Commissioner Sanchez: Mr. Vice Chair, hearing no discussion from the public, I'm willing to move
Item 6 and 7 or Commissioner Teele could move them and I'll second them.
Vice Chairman Gort: There's been a move. Is there a second?
Commissioner Teele: Second for discussion.
Vice Chairman Gort: It's been moved and seconded for discussion. Commissioner Teele.
Commissioner Teele: On item number 6, is there a representative of HOPE here?
Mr. Dan Fernandes (Assistant Director, Community Development): No, sir, there's not.
Commissioner Teele: Could someone just outline what services HOPE is going to be providing?
Mr. Fernandes: HOPE provided the orientation services for our Section 108 clients, which have
already been conducted, as well as they will be doing the actual -- taking the tenants to their
perspective locations of new residents, providing that liaison between those particular locations and
the current residents.
Commissioner Teele: Thank you.
Vice Chairman Gort: Any further questions? Discussion?
Commissioner Teele: That's on item number 6.
Vice Chairman Gort: Six. Item 6.
Commissioner Teele: Did he move six and seven?
Vice Chairman Gort: He moved six. No, six
Commissioner Sanchez: Yeah, six and seven. I moved both.
Commissioner Teele: Take them one at a time.
Commissioner Sanchez: OK. Move 6.
Commissioner Teele: Second. Call the question.
Mr. Vilarello: Commissioners, it's a public hearing. You have to open it and close it.
Vice Chairman Gort: Yes, ma'am.
70 November 16, 1999
Ms. Mary Hill: I would like to direct a question, if I may, through the...
Commissioner Teele: To the Chairman.
Ms. Hill: To the Chairman, to the gentleman. I notice that you are using Community Development
Block Grants is what you're asking for for housing opportunities projects, and how would this relate
to CDBG (Community Development Block Grant) funds under your HOPE set-up according to
statutory laws? Could you define this?
Vice Chairman Gort: Thank you. Yes, sir. You can go ahead and answer the question.
Mr. Fernandes: The funding that we are providing under this particular resolution is through the
public services portion of the CDBG allocation for the City. It does conform to the explicit
requirement of the waiver requests to service in those particular underserved areas, as well as serve
individuals that are impacted by welfare reform.
Ms. Hill: What...
Vice Chairman Gort: Thank you. Yes, ma'am. Does that answer your question?
Ms. Hill: Not exactly.
Vice Chairman Gort: Well, ma'am, this is the individuals, if you recall, that were here that were
living in the very bad facilities and we need to reallocate them. These are the funds to relocate those
people and get them new homes.
Ms. Hill: But there are still people that need to be covered under this office that I am to head, and
there are still people who are supposed to be helped under CDBG grants, as amended. Authorization
of appropriation by National Director, and I have nothing to do with this, and that sbuld be taken
under great consideration about these CDBG funds and its allocation at this time. You're putting the
horse before the wagon because — I am never there or consulted on this before you — before this is
coming here to be approved, and I would like for you to take great consideration in putting these
things off track according to law, so these people can be really served, according to statutory laws
and guidelines. That's including homes and houses under my floating chart that went through
Washington, DC, not over there. Thank you.
Vice Chairman Gort: Thank you, ma'am. Yes, sir.
Mr. Manuel Gonzalez-Goenaga: Yes. Just a clarification. I have heard about the problem of all
these federal grants. There are HUD (Department of Housing and Urban Development) complaining
about "x" amount of people and the way it was disbursed, and I have heard in the radio stations about
twenty million dollars ($20,000,000), and I don't know if that, in any way, is related to any of these
issues, number one. And, then, number two, as a matter of checks and balances, when are you guys
or Commissioners going to appoint the new independent auditor that will be able to help all of us,
especially when the date —the specific date is January 1, 2000? Could I get an answer on that?
Vice Chairman Gort: Yes, sir. We'll have an RFP (Request for Proposal) and that RFP will be
answer and will be before the deadline and we'll comply with it. Any other- any further discussion?
Being none, all in favor state by saying "aye."
71 November 16, 1999
The Commission (Collectively): Aye.
Vice Chairman Gort: Nays? No nays.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-859
A RESOLUTION OF THE MIAMI CITY COMMISSION
ALLOCATING TWENTY-FIFTH (25TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO THE
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC.
("HOPE") IN THE RESPECTIVE AMOUNTS OF $41,666 TO
PROVIDE FAIR HOUSING ACTIVITIES AND NOT TO EXCEED
$109,000 TO PROVIDE SUPPORT SERVICES IN THE
RELOCATION OF 109 FAMILIES IMPACTED BY THE CITY'S
TERMINATION OF THE SECTION 8 HOUSING ASSISTANCE
PAYMENT ("HAP") CONTRACT WITH MIAMI LIMITED II;
FURTHER AUTHORIZING THE CITY MANAGER TO AMEND OR
ENTER INTO AN AGREEMENT WITH HOPE, INC., IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO PROVIDE SAID
SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Seven. A resolution allocating CDBG (Community Development
Block Grant) Funds to relocate Section 108 residents. Staff?
Commissioner Sanchez: Commissioner Teele, I'll let you move that.
Commissioner Teele: Move it.
72 November 16, 1999
Commissioner Sanchez: Second.
Vice Chairman Gort: Moved by Commissioner Teele. Seconded by Commissioner Sanchez. Does
this continue to be a public hearing?
Mr. Alejandro Vilarello (City Attorney): That's right, it's a public hearing.
Vice Chairman Gort: Is there anyone that wants to address item number 7? i+re we go.
Ms. Mary Hill: This is still contrary here. We are supposed to, by statutory laws, to do nothing.
There is something that 1 would have to do to put the programs and departments off of ground,
according to statutory laws, then, we go in to helping these people, according to statutory laws and
guidelines. This is Federal Laws and this is mandated orders. So, we are still dragging our feet
trying to adhere to these CDBG grants, which been amended to read as authorization of
appropriations, which is always promulgated, investigated and all and put off of ground according to
statutory laws, and this is not being done. I'm on the outside looking in. When I'm the founder who
brought it into this state and other states, from the White house. Im on the outside looking in and I
want this to be corrected. We do first things first. Let's get Mary Hill, who brought it here, to set up
and help these poor people and stop diverting CDBG grants with municipalities, social services and
what have you, which I will talk on Section 8 and bring it to a head. Thank you.
Vice Chairman Gort: Thank you, ma'am. Any further discussion? Hearing none, all in favor state
by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Nays? No nays. Thank you.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-860
A RESOLUTION OF THE MIAMI CITY COMMISSION
ALLOCATING $163,000 OF TWENTY -FIFTY (25TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
FOR THE COST OF RELOCATION EXPENSES FOR THE 109
FAMILIES IMPACTED BY THE CITY'S TERMINATION OF THE
SECTION 8 HOUSING ASSISTANCE PAYMENT ("HAP")
CONTRACT WITH MIAMI LIMITED II.
73 November 16, 1999
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(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: By the way, Mr. Bridges wants us to let the public know that we're going to go
through this whole agenda. So, probably, Zoning matters will take a little longer. Probably five or 6
o'clock. So, stay around, just in case. Item 7. That's the one you all have been waiting for.
Commissioner Teele: Excuse me. Have we ever published the names and the addresses, as we
requested, of the people that are under this program? Has that been published anywhere?
Mr. Dan Fernandes (Assistant Director, Community Development): No, sir.
Commissioner Teele: We asked that you do that, so that we don't get to the end of this and
somebody says that we left them off. And I think it's very important. There are a number of
nuances. We requested this, I think, about three weeks ago. We asked that you compile the list.
You said it had been compiled. And we said, would you publish it in the newspaper of general
circulation or...
Mr. Donald Warshaw (City Manager): Where the people would be relocated.
Commissioner Teele: No, not where the-- the people who are eligible for the program.
Mr. Warshaw: OK.
Commissioner Teele: It, invariably, comes out that somebody didn't get the right information or
somebody got left out, and I'm trying to perfect our claim to have a beginning point and an ending
point by saying, these are the people that are in this program.
74 November 16, 1999
}a,
Vice Chairman Gort: Item 7 -- 8.
Mr. Alejandro Vilarello (City Attorney): Item 8
k j4
Mr. Walter Foeman (City Clerk): We've taken up seven, Vice Chair.
Vice Chairman Gort: We took seven. Eight. I'm sorry. Eight, eight, eight.
Mr. Dan Fernandes (Community Development, Assistant Director): Item 8 is a public hearing again
regarding the continuation of the Economic Development Organizations that have been previously
funded by the City for administrative purposes. We are also... base this particular recommendation
on program performance, as the Commission has directed us to do in the past, and the recommended
allocation includes incentive awards for those agencies that have exceeded performance
requirements.
Vice Chairman Gort: OK. Thank you. We will now have a public hearing.
,r
75 November 16, 1999
.+.^ d 'twt+'a '�`\ :�iK'..n,tFt,i 3..:Dja rY W iiri'Yi sNs'�nP. �t �,R •• ky ,Yq c..
i
Mr. Emile Viard: My name is Emile Viard. I'm with Pierre Toussaint Center in Little Haiti. We are
in support of this resolution. We've been receiving funding from the City through that program for
the past six years, and we've been helping a lot of small entrepreneurs staying in business through the
compliance and technical assistance program. And, also, through the Facade Rehabilitation we
helped a lot of small businesses increase their sale. We serve the area of Edison Little Rives Little
Haiti, and also we've been invited, several times, to serve Model City. And we are here again to
support that resolution. Thank you.
Vice Chairman Gort: Thank ,you, sir. Next.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. I've been a member of the board --
was a member, founding member of ABDA (Allapattah Business Development Authority), and I got
all the different -- in Allapattah. And based on what I hear here this morning, that's going to be
performance funding, I see here that the only group from Allapattah has been... the staff is
recommending fifty-four thousand something, while other groups get a lot more. And I think that the
ABDA, Allapattah Business Development Authority, have a better track record, a better performance
record through all the different facade programs, housing that's there on (unintelligible) and other
housing that's not done because there's been a political vendetta against them, that Ralph Plaza hasn't
been finished. You know why? The funding had been there. I say so. I can say so. I don't have any
business -- a developer -- I live there in Allapattah. I like my money, my tax money go in there and,
then, I see here now -- I see other groups that haven't done nothing, that weren't responsible, that was
supposed to have housing at the Bobby Maduro Miami Stadium. They took that away from
Allapattah Business Development because they tried to divide east and west Allapattah, and did
nothing -- and they've been funded too. And Allapattah did -- while other groups get a lot more
money. If it's going to be a performance funding, Allapattah should be getting more money than all
of the combined. Thank you.
Vice Chairman Gort: Thank you, sir. Ms. Hill.
Ms. Mary Hill: Yes. Maybe some don't recognize me. I'm Mary Hill. I'm the Founder of the
Economic Opportunity Acts and Amendments, creator of the Public Laws, which allows this to come
through to these different states, to help the poor regardless to race, creed or color. I created Title 20
funds, Revenue Sharing, which they call it Matching Fund, and whole lot of other projects and things
come under these laws, that these laws supposed to be taking care of the poor, regardless to race,
creed or color. I live at 146 Northwest 67 Street, Miami Florida. And I want you to know and I want
you to see me good. I am Founder, CEO (Chief Executive Officer) and Director, National Director,
that brought these system -- brought the system and the plan into this county, and not only in this
county are we supposed to deal with, after setting cap my regional office and bringing poor people
under there in compliance with the statutory laws. Not only in Dade County, but national. We are
not doing this. Now, what we have here is on this Section 8 here, number 8, is continuation of
existing Economic Development Agencies. This is contrary to the law. Not only now, it is contrary
since 1971. We have extension of what 1 started from my home, from the very beginning, before we
had any of this, and expanded out in 1964. Now, what we have here -- may -- let me -- please, give
me a few more seconds.
Vice Chairman Gort: You have 30 seconds, ma'am.
Ms. Hill: OK. Now, we've got to recognize the transition period that's supposed to come, not
Economic Development, It's Economic Opportunities, HR 6394, which called for the extension of
the Economic Opportunity Act beyond its present expiration date of June 30, 1971, which you all
76 November 16, 1999
Cry
have been illegally running programs. I am the director. I have nothing to do with what you all are
doing and we're going to have to straighten up and recognize the...
Vice Chairman Gott: Thank you, ma'am.
Ms. Hill: ... and put it off the regional office according to-- call me in.
Vice Chairman Gort: Thank you, ma'am.
Ms. Hill: Thank you.
Vice Chairman Gort: Next.
Mr. Juan Carlos Hurtado: Good afternoon. Juan Carlos Hurtado, Director of SBOC (Small Business
Opportunity Center), 1417 West Flagler. The main concern that I have from my agency-- and I'm
pretty sure a lot of agencies have the same concern -- is the incentive and how they break those down
and how the formulas have come out for the new coming year. And according to our numbers, the
incentives are not included with the recommendations that are given here for the new year, and that's
one of the main concerns. Another concern was also, we also put for the RFP special project that
we're trying to do within the Flagami area and to see if that was going to be included and if there is
any money left over, maybe having consideration and having that for us as well.
Commissioner Sanchez: Willy?
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Thank you. You guys want to hear from everybody and then, make our
comments? Let's hear from the public first?
Commissioner Regalado: Right.
Commissioner Sanchez: Well, L.
Commissioner Regalado: Right. Just that...
Commissioner Sanchez: I would yield to Commissioner Regalado.
Vice Chairman Gort: Well, now, wait a minute.
Commissioner Regalado: Very brief.
Vice Chairman Gort: If we're going to go through this, Commissioner Sanchez asked first.
Commissioner Regalado: Go ahead.
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: Well, I would yield to Commissioner Regalado.
Commissioner Regalado: No. Are we, this coming year, offering incentives? Yes or no.
77 November 16, 1999
4
Mr. Fernandes: The formula that we have here does have incentives.
Commissioner Regalado: No.
Commissioner Sanchez: No, no, no, that's not the question.
Commissioner Regalado: No, no, no. No, that's not the question.
Commissioner Sanchez: Yes or no?
Mr. Fernandes: Yes.
Commissioner Sanchez: And how is it going to be implemented?
Mr. Fernandes: The incentive is...
Commissioner Sanchez: And before you go any further, let me just elaborate a little bit on why I
think that the incentive program -- and I think that Commissioner Winton made it very perfectly
known that the Commission up here believes in performance -based projects. Once again, I've made
to it very clearly that I'm willing to support any organization that produces and does a good job, and
I'm willing not to award other organizations that are not doing a good job. So, I think that if an
organization -- and the organization that I speak now represents my district and has done a good
work in my district, and thanks to them and thanks for the hard work of many other people that have
been a part of this process, my district looks much better today, thanks to the facade program and
other assistance these businesses have gotten. And I am here to say that, if a business is supposed to
do 40 facades, how they are required, and they do 50, 60 and 70, I think that they should be awarded
for accomplishing a work or going beyond what I call the line of duty, not in this profession but in
any profession. And I think that when you say that a formula, you know, we need to know whether
there's going to be incentives going towards these people or there's not going to be any incentives
going toward them. Because what's going to happen is, the organizations that do 40 are going to get
the 40 and they're going to stop. And if they do that, have the incentive, they're going to continue.
Instead of doing 40, they'll do 50, 60 or 70 and, in the long run, the City looks better.
Mr. Fernandes: The formula that I described is a formula that does exactly what you're asking for.
Basically, an organization, based on the 15 month funding period that we just went hrough, would
have to do 23 facades in order to meet minimum requirements. Any facade completed above that 23
level will be -- there will be an incentive receipt at two hundred and fifty dollars ($250) per facade.
Commissioner Sanchez: She's telling you, you're not right. What are the numbers? Forty? It's forty.
Ms. Barbara Rodriguez: No. The facade, they had to do 25.
Vice Chairman Gort: Come to the mike, please.
Commissioner Sanchez: Well, 25. But is that language forth in this plad? Is the extent of...
Ms. Rodriguez: They are getting incentives in facade at two hundred and fifty dollars ($250) above
any facade over 25.
Vice Chairman Gort: Please, your name and department.
78 November 16, 1999
Ms. Rodriguez: Barbara Rodriguez.
Vice Chairman Gort: Thank you.
Ms. Rodriguez: Community development.
Commissioner Sanchez: But is it in writing?
Ms. Rodriguez: The issue that they have brought up...
Commissioner Sanchez: Barbara, is it in writing?
Commissioner Regalado: No.
Ms. Rodriguez: It is here. The problem that they're facing with is that they've been, in the past,
getting incentive from two categories. The formula used this year does not include that. That's the
problem that Mr. Hurtado and Angel have. So, there is facade incentive above the 25. There is.
Commissioner Sanchez: There is?
Ms. Rodriguez: And that is what they've been getting in the last five years. Technical Assistance,
they used to get fifteen hundred, if they did more than what they were required. That was changed.
They get fifteen hundred above 13 Technical Assistance. That is why they see the number less than
what the projections they had.
Mr. Hurtado: Excuse me. For the last-- the extent...
Vice Chairman Gort: Excuse me. Wait a minute. Excuse me. Commissioner has the floor now.
Mr. Hurtado: OK.
Commissioner Sanchez: No. I would yield to-- Commissioner Regalado wants to say a word.
Commissioner Regalado: We just want this to be simple, Barbara.
Ms. Rodriguez: Yes.
Commissioner Regalado: There is incentive?
Ms. Rodriguez: Correct.
Commissioner Regalado: For those who perform?
Ms. Rodriguez: Correct.
Commissioner Regalado: Why it's not on paper on the information that we have here?
Ms. Rodriguez: It is, Commissioner Regalado. They did-- if you get Allapattah...
Commissioner Regalado: Could you tell me what page?
79 November 16, 1999
Ms. Rodriguez: If you see the exhibit -- and let's use SBOC or Allapattah. Let's use SBOC with Mr.
Hurtado. He did 97 facades. He was supposed to do 60. He got an incentive for 37 facade at two
hundred and fifty dollars ($250). OK. That is calculated in your formula. However, he did 10
Technical Assistance. In past funding, he would have been entitled to fifteen thousand dollars
($15,000). In the formula being used right now, he is not. That is the difference between the two
incentive formulas used between this one and the one used in the past.
Commissioner Regalado: So, what you're saying is that there is incentive on the facade program?
Ms. Rodriguez: Correct.
Commissioner Regalado: Are you now, as of today, providing that incentive?
Ms. Rodriguez: We are.
Commissioner Regalado: You are?
Ms. Rodriguez: Right here on the resolution you have in front of you.
Commissioner Regalado: No, no. In the past weeks or months, you have?
Ms. Rodriguez: They've been operating on a two -month extension.
Commissioner Regalado: Right.
Ms. Rodriguez: Now, if this...
Commissioner Regalado: So, what does mean is that you're not counting. Is that what you're
saying?
Ms. Rodriguez: What we did -- when we gave the two -month extension, the incentive was prorated
when the two -month extension was given to them. So, at that time, when they receive the two
months, there was some incentive there. Now, when this resolution, if it does passes, then they will
be entitled to do a Budget Modification to include this additional dollars.
Commissioner Regalado: I yield.
Commissioner Sanchez: Barbara?
Ms. Rodriguez: Yes.
Commissioner Sanchez: Why were these changes implemented?
Mr. Fernandes: It was an administrative decision to segregate the national objective for Technical
Assistance, as well as the facade program.
Commissioner Sanchez: And these changes that were presented, were they informed and aware of
these changes? Did you inform them that these changes were going to occur? Were they informed
of these changes?
Mr. Fernandes: I don't know if they were formally informed but -- we...
80 November 16, 1999
Commissioner Sanchez: We can't change the rules halfway through the game and that continues to
be a problem, that if anything -- if there's a problem, I think it's lack of communication between
CDBG and these people. I mean, they're -- since day one, I think that the number one argument that
I could make is that the changes that you have, whether they're good for the City or not, I'm not
going to dispute that at this point. But I am willing to say that, when you change-- people aren't
receptive to change, no matter what they are and, yet, it even irritates the situation where you create
these changes and they're not aware of these changes. So, that's why I think, in all the public
meetings and all the meetings that we've had here, we've had such disagreements in the process that
was established. I think that, once again, the issue is the progress has been set forth by the
administration of the City of Miami towards the changes they have not been informed. Because they
don't -- they didn't know that. They're saying that, what happened to the incentives? Which I agree
with. If they're doing 40 facades and they did 20 more or 25 more, it's just like anything else. You
reward people for a good job and you don't reward the one that did not do a good job. But it's the
changes that happen along the way that creates this confusion.
Vice Chairman Gort: Let me give you an example. Talking about the-- you have the Aliapattah
Business Development Facade. There was supposed to be 25. They did 120. I mean, when you
look at the performance and they're not being rewarded in accordance -- and I'll let the next speaker
address that. But the biggest problem that I -- the feedback that I received, just like Commissioner
Sanchez has, there's no communication between the agencies and there's no direct communication.
That's why I requested, in the meeting we had on the 16th of November, the last week, I requested
the questions be written by the recipients and answered, in writing, by you all so we can see the
differences, and I think it's very important for now and I requested of them, any telephone
conversations, to write a memo and I want a response back in writing.
Mr. Fernandez: Just for clarification sake, Commissioner. The incentive award that is included here
does give the agency credit for those 120 facades that they performed.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Let me ask you a question. We are going to get over-- I think we only have
one more speaker or two -- two speakers and, then, close the public hearing and discuss among
ourselves?
Commissioner Sanchez: Yes.
Vice Chairman Gott: OK. Is that all right with the Commissioners?
Commissioner Regalado: Go ahead. I don't-- go ahead, go ahead.
Vice Chairman Gort: Yes, sir.
Mr. Angel Gonzalez: Good afternoon, Mr. Chairman, Commissioners. My name is Angel Gonzalez.
I reside at 3280 West Flagler Street. I'm the Executive Director of Allapattah Business Development.
Referring to the information, Commissioner Sanchez, you asked if we were informed of these
changes? No, we were not. And the reason why we were not, I assume is based on the fact that the
administration believes that we work for them. They don't have the perception -- the right
perception, as I stated here the last meeting, that we are in a partnership with the local government,
the state government and the federal government to provide services to the different communities
and, specifically, to the low income, moderate people of this City. That's the reason why we're not
81 November 16, 1999
being funded. The way the program work -- and I have a little bit of knowledge about the program
because, as I stated many times, for the last nine years, we have been the most successful agency of
here that have done a great job also in their respective
all the Community Based Organizations, even though they're many Community Based Organizations
communities. We have, for example, our
basic funding was fifty thousand dollars ($50,000) based on a productivity of 20 facades or and/or,
and/or -- and I have my contracts -- 10 Technical Assistance, which means that we either had to do
20 facades -- the clock was at 1.15, so I still have time. We had to do 20 facades or we had do
Technical Assistance. Anything in addition to the 20 facades, we will be rewarded two hundred and
fifty dollars ($250) per additional facade, as an incentive and for each additional Technical
Assistance, we will get fifteen hundred dollars ($1500), OK? Technical Assistance has various types
of Technical Assistance, but the most important one are the one that I concentrate most in Allapattah,
is to create new jobs for the community and to retain new jobs, which is, by the way -- you
mentioned national objectives. Facade is considered a national objective, Technical Assistance is
considered a national objective, and Loan Processing is considered...
Vice Chairman Gort: Mr. Gonzalez?
Mr. Gonzalez: OK?
Vice Chairman Gort: Excuse me. Let me -- for the clarification of the new members and some of
the people in the public, can you explain the difference between the facade and the Technical
Assistance, please?
Mr. Fernandes: The Facade program, as it currently exist, we do renovations to sto
refronts on and a1
businesses. The other area of Technical Assistance would be, as Mr. Gonzalez indicated, you could
be providing assistance getting a loan, retaining jobs in a community or a business, creating new jobs
in that particular area.
Vice Chairman Gort: And sometimes -- they didn't tell you -- or to bring businesses into the area...
Mr. Fernandes: That's correct.
Vice Chairman Gort: ... and assist the people in getting the license and the whole works.
That's...
Mr. Gonzalez: Mr. Chairman, Commissioners, even Code Compliance if a business has a Code
Problem and we assist them, obtaining them funds to take care of the Code violation. That's also a
Technical Assistance that assist you to keep that job and to retain jobs or create new jobs.
Commissioner Teele: Mr. Chairman?
Mr. Gonzalez: The changes now reflect that what they're projecting now is that we're going to have
to do 20 facades and Technical -- it's not going to be 20 and/or. It's going to be 20 facades and 10
Technical Assistance to get the same fifty thousand dollars ($50), 000 OK? At my Last appearance
here, I requested, with all due respect to you, Mr. Chairman and you Commissioners, that I be treated
-- that's all I ask. I be treated fairly, with decency, and with equality. That's all I ask.
treated as everybody else, as all the other organizations that produce, that provide services to their
respective community.That I be
We have been providing services to our community and we have
great difference in our Allapatlah Thank you. made a
Commissioner Sanchez: Mr. Chairman?
82 November 16, 1999
Vice Chairman Gort: Thank you. Let's hear from one more speaker and that's it. Then, we'll close
the public hearings. Thank you, Mr. Gonzalez.
Commissioner Teele: Mr. Chairman, let-- before you do. I have a great respect for Mr. Gonzalez
but, you know, I don't know what he's talking about in the context of Number 8, the issue before us.
At some point, I'm going to have to maybe bring him back up here because I don't understand
anything that you're saying. Do you want the amount of money recommended or not want the
amount that's recommended? Because you didn't say anything about the issue-- please, don't now.
You've used your two minutes, Mr. Gonzalez. But, you know, I think it's -- everybody's very
frustrated and you can hear it, Mr. Chairman. You can feel it. You can see it. We're going to need
to have a special meeting on just Community Development here in the next two or three weeks. It's
just -- this is not very helpful to have this level of anxiety because we're not being really able to, I
think, focus in on what the issues that are being presented to us. And the way the issues are
presented, Mr. Chairman, I fundamentally don't agree with it. I mean, I don't agree that goverment
should ever just have the right to unilaterally change something. You know, and we had this
discussion the last meeting we had. I said, did you all advise the public of --you know, I don't know
where people get on feeling like this is their money or that they can make the rules up as they go
along. I mean, I think government has got to, basically, have clear standards, clear rules. We have
the right to change those rules. I mean, there's no question that we have the right to change those
rules. But, first of all, the policy of what they're doing should come from us, not from the staff. We
should set the policy. If Mr. Gonzalez is right, this is turned into a bureaucratic disaster. Because --
no. Hold it, hold it. Because if I need a facade and I have a business and I'm very profitable, I don't
need you or anybody else to start telling me to give me Technical Assistance. I mean, that's me
being personal about it, and I don't mean to be personal with you. So, I need to understand what it is
we're doing because if he's right -- and I'm not saying Mr. Gonzalez is right -- that you're saying 20
facades and Technical Assistance, does that mean "and" -- how did Clinton say this? "And mean
and." Now, if "and means and," it would mean-- is it "and" or is it "or"?
Vice Chairman Gort: Commissioner Teele, I think what we have seen from every one of the
agencies coming in front of us, this is not a real good understanding, and I think the agencies have
told me that they don't mind the change and if the changes is to improve the services to the
community, they will welcome those changes, but they would like to see, in writing, what those
changes are, not to change every other day or every month.
Commissioner Teele: But, Mr. Chairman, even the Federal Government, even the Federal
Government publishes Notice of Changes, gives you a 20-day period to comment on them and, then,
they publish some type of rules. Now, I'm not suggesting that we should do everything the Federal
Government says, but we're supposed to be closer to the people.
Vice Chairman Gort: We're supposed to be very close to it, and they're supposed to respond to them.
Let's hear -- Commissioner Sanchez, if you don't mind, can we hear from one...
Commissioner Sanchez: I'm ready to put a motion on the floor.
Vice Chairman Gort: ... and, then, we'll close the public hearing? One more.
Mr. Manuel Gonzalez-Goenaga: Following -- well, I am another Gonzalez, but I'm going to change
now to Smith.
Vice Chairman Gort: Are you hear to discuss it?
83 November 16, 1999
t
Mr. Gonzalez-Goenaga: What I love to do have here...
Commissioner Sanchez: Why are you going to change your name to Smith?
Mr. Gonzalez-Goenaga: Because there is -- the other one was a Gonzalez. I'm a Gonzalez. And I
don't want to get mixed up, you know. And Gonzalez, in Spanish, is like Smith in the US (United
States). There's plenty of them. Well, the issue is that, I got an answer to the first question. The
other question is -- because I go more broadly. Because if Mr. Teele, who is a very knowledgeable
person, does not understand too much of what's going on, can you imagine this Gonzalez? So, I'd
love to have an answer that management gave to the HUD audit that came like a year or two years
ago, about the twenty million dollars ($20,000,000) and the different developers, in how-- do you
understand? And, then, from now on, since I don't understand too much of what's going on, I am
yielding my time, not to Mariano Cruz but to Ms. Mary, because I am still trying b understand her,
also. Thank you.
Vice Chairman Gort: Thank you.
Ms. Hill: Thank you for yielding your time. Someone is on the right side. Thank you.
Vice Chairman Gort: Thank you, sir.
Ms. Hill: I'm going to take this time and I'm gang to let you know again, we've got to cut out this
red ink spending, rubber stamping and not authorization and authorize by the director, Mary Hill,
statutory laws. We've got to change today because we are tired of the poor suffering and the money's
not going and reach the poor people, according to statutory laws. And I wish you all do it today. We
need to do it immediately. This is law. Should have been long time ago. Thank you.
Vice Chairman Gort: Thank you, ma'am.
Ms. Hill: Mary Hill supposed to put it together. Thank you.
Vice Chairman Gort: Thank you, Mary Hill. I'm going to try to work it out so you can make a
presentation to the Greater Miami Chamber of Commerce. Yes, ma'am.
Ms. Helena Del Monte: My name is Helena Del Monte and I'm Assistant Director for the
Association for the Development of the Exceptional, an agency that all of you on the dais know,
except for, of course, Commissioner Winton. So, please, bear with me and I'll make a very brief
explanation. Because we are in the VVynwood side, where you are our Commissioner, sir, even
though we service really citywide. And to make it very brief, we've been operational for 25 years
and we solely serve low income adults with disabilities. Mostly developmental disabilities And the
services we offer are survival skills training, job training and job placement. I stand here before you
very humbly to request-- I don't know if I'm out of line and, please, you know, let me know so-- our
building is in dire need of repair. It has not been painted for the past 11 years. Also, our gravel roof,
we're getting, you know, leaks, especially with these rains. I have not bothered you with this before
because I presented a grant, an RFP, to OCD Metro for twenty thousand five hundred to cover both
the repair of the building, the gravel roof and, unfortunately, because I'm in the City, we've been
denied. And being here in the meeting today, I understand that there might be some freed up funds
and I'm here begging that, if there's any way that our agency can receive some of those funds. I
thank you for your time.
Vice Chairman Gort: Thank you. We'll now close the public hearings. Commissioner Sanchez.
84 November 16, 1999
Commissioner Sanchez: Yes, sit, Mr. Vice Chairman. I do believe that all three of the organizations
that basically complained about this have gone beyond their facade and they have passed their goals
and have acted -- and performed very well. So, I would direct a motion to direct the City Manager to
recalculate, under last year's formula, these three organizations.
Commissioner Regalado: Which are?
Commissioner Sanchez: The three organizations that have complained.
Mr. Fernandes: The three organizations affected would be the Small Business Opportunity Center,
Little...
Mr. Warshaw: Little Havana and ABDA.
Mr. Fernandes: Little Havana and ABDA.
Commissioner Sanchez: And what this motion does, it just directs the City Manager to recalculate,
under last year's formula, for these three organizations.
Mr. Warshaw: And, Commissioner, for the record, the other six organizations are not affected by
this at all. So, it's just those three.
Vice Chairman Gort: It's a motion. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Motion and second. Discussion?
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: As I indicated, I'm going to ask staff to just do a basic briefing. What are you
trying to -- what does this item purport to accomplish?
Mr. Fernandes: This item is set out to continue the Economic Development Organizations that have
been historically funded by the City of Miami. Those organizations that have performed effectively,
historically. It also provides funding for the facades themselves, the actual improvements to the
structures that will be impacted. And there are also two pilot projects set out for those two target
areas that have been identified as being underserved in this area, where the program has not been
effective. On page 2 of your cover memorandum, you'll see that the facade programs that have been
provided throughout the years in the different areas, we've set up in Model City and in the Overtown
area a pool of fifty thousand dollars ($50,000) in each of those target areas, which would be
commensurate to the awards in other areas, as far as base funding is concerned.
Commissioner Teele: Now, what are you doing in Edison? You see...
Mr. Fernandes: Edison Little River is represented, sir. The first speaker of the afternoon was
representing Pierre Toussaint and they are recommended for funding in this particular
recommendation.
85 November 16, 1999
Commissioner Teele: Yeah, but let's -- I understand, but let's don't deal with -- let's deal with the
numbers as you've outlined on page number 2. Edison is seven percent. And I guess, Commissioner
Winton, this is just an excellent example to point out how the historical-- this is a rive -year window.
This is not just a one-year snapshot. This shows you a very clear trend of how moneys and programs
have been allocated. It shows you clearly that Wynwood -- and when you look at this table and you
look at the -- do you have that -- you look at page, what is that, 29, in the Five -Year Plan of our
Community Development?
Mr. Warshaw: Consolidated plan.
Commissioner Teele: Unfortunately, this wasn't calculated based upon, again, on percentages. But
Downtown, as an example, gets 23 percent -- has used 23 percent of the money. This is actuals and,
yet, Downtown generates one percent of the funding. Allapattah, which has had perhaps the most
effective Community Based Organization working in the area, notwithstanding the fact that Mr.
Gonzalez has gotten up and patted himself and his organization on the back. It's probably true in this
instance. Allapattah has gotten 32 percent of the money and they represent 16 percent of the formula
allocate -- they generate 16 percent of the funds.
Commissioner Winton: How does anyone generate funds? I don't understand that.
Commissioner Teele: The CDBG money is generated based upon target area and it's generated
based upon a mathematical formula that is developed in Washington nationwide. Every Community
Development area in the entire country is a part of the formula that Congress appropriate. The three
tests are population, which is the lowest, the next one is population under poverty and, then, the third
and the largest factor is the density of the poverty of the population. Those three things, which are
based on census track data, put into a computer-- and, so, Miami, when the computer comes out in
comparison the other Metropolitan areas, gets approximately thirteen to fifteen million dollars. That
thirteen million is not a whole number. It is based on the fact that this pie generates that thirteen
million. So, we know exactly-- we can tell you or the staff can tell you, to a statistical dollar, exactly
how much money is generated by each of the target areas. And, so, when you do what we're doing
here, when you take 32 percent -- for example, in Allapattah-- and these statistics should not be-- it
shouldn't be dollar for dollar because there are going to be Metropolitan significance, there are going
to be some things that stand out, but over a four or five year period of time, it ought to level out.
There are going to be projects that come and go. And what is happening, you see, is that while
Wynwood generates seven percent -- well, they got five percent, while Overtown generates six
percent, they got two percent. Model Cities generates 12 percent. They got one percent. And these
statistics -- you know, when you generate 12 percent, you're getting one percent, you're getting
1/12th of what you should get. And the point that I'm trying to make is thatwe, as a public body,
have got to basically do a better job of ensuring that equity is being done and that these dollars flow
based upon where they're needed. Now, the one point is this. The staff has agreed, based upon
previous recommendations, that in the area of Model Cities and Overtown -- I represent both -- the
program has not worked over a five-year period. I mean, when you look at it, it just-- the numbers
don't suggest that it work. So, rather than continuing to invest in this program, we'regoing to do
pilot programs. So, you know, those pilot programs are in lieu of participating in the facade
program, so to speak. And I just wanted to make that point very clear to you because when the pilot
Programs come up, some other areas won't be in it. Someone's going to come up from Allapattah
and say, "Well, we should be in the pilot program," but they already got a hundred and eighty-- two
hundred percent of the other funds. So, these are the kinds of policies that we have to try to make
clear to the public.
86 November 16, 1999
o
Vice Chairman Gort: Commissioner Teele, but I also want to check with staff' because some of the
indexes that I have received and some of the percentage that I have received, my understanding, this
percentage is based on this one program, which is one portion of the whole.
Commissioner Teele: One small portion.
Commissioner Winton: Of many dollars.
Mr. Fernandes: That is correct.
Vice Chairman Gort: My one small portion...
Commissioner Winton: Right.
Vice Chairman Gort: My understanding, when it comes to all the allocations, when it comes to
homes, when it comes to all the other social programs, it evens up quite a bit. It's not as
advantageous.
Commissioner Teele: Don't...
Vice Chairman Gort: That's the numbers that I received in the past, Commissioner. Then...
Commissioner Teele: J.L., let me tell you. I mean, Willie...
Vice Chairman Gort: ... I'd like to have those numbers.
Mr. Warshaw: We'll get that for you.
Commissioner Teele: Commissioner Gort, let me tell you. It gets worse in some areas. And, you
see, we've already approved it, and I want to make the point berause there are a lot of issues that
we've got to deal with. We approved, for example five hundred thousand dollars ($500,000) today
for the DDA (Downtown Development Authority).
Vice Chairman Gort: Right.
Commissioner Teele: OK? The DDA generates -- I mean, the downtown area, totally, generates
about seventy thousand dollars ($70,000) of the fifteen million dollars($15,000,000). That's the total
amount of money that's generated by the downtown poverty, OK? So, when you take five hundred
thousand dollars ($500,000) off the top, when you take the one point two, one point three million
dollars, the distortions begin to add up. And I'm saying, over time, we've got to begin to address this
because you're never going to get the money into Wynwood. You're never going to get the money
into Overtown. And you're never going to get the money -- Overtown's a bad example because of
the CRA (Community Redevelopment Agency) and the commitment that we've made there. But
you're never going to get the money into Edison, is a very good example, where the need is far
greater than even the statistics. That's an example of where the census is really hurting the City, in
Edison, and that's a whole'nother story.
Mr. Fernandes: One thing I want to make clear now...
Commissioner Winton: Mr. Chairman?
87 November 16, 1999
0
M,
Commissioner Teele: Edison, by the way, is also referred to as Little 14aif.
Commissioner Winton: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Winton: Rather than have a debate with Commissioner Teele about the pros and cons
Of where the money goes, I would like to have a broader discussion about this, but we need the
information in front of us. And I would like to, formally ask, for an accounting of all of the dollars
that Commissioner Gort was talking about with all of the programs. I would like to do that
accounting, by districts, so that we can and by __ what's the technical term, the Community
Development areas...
Commissioner Teele: Target areas.
Commissioner Winton: Target areas.
Vice Chairman Gort: Target areas.
Commissioner Winton: So, do it in both fashions so that we can be infonred and know what the real
numbers are, so that we can -- because the points that he make are probably very valid and if we're
going to address this issue properly, we have to know where all the dollars are going so that we can
make the right decisions long-term.
Vice Chairman Gort: Thank you.
W. Fernandes: Commissioner Winton...
Vice Chairman Gort: OK. Is there any other...
Mr. Fernandes: ...we had given you a handout early this morning, which gives you a breakdown of
the dollar amount by target area, which will give you some -- at least, a background of some of the
information that you're looking for.
Commissioner Winton: I don't think this is all the money.
Commissioner Teele: We need a detail on that.
Vice Chairman Gort: You need to go back and get all that information and get it back to us,
Commissioner, OK?
Commissioner Sanchez: All right. Mr. Vice Chair, there's a motion on the floor and a second.
Vice Chairman Gort: OK. There's a motion on the floor. Is thereany further discussion?
Commissioner Teele: Didn't you have some amendments?
Commissioner Sanchez: Yes, sir.
Commissioner Regalado: What is the motion, to approve?
88 November 16, 1999
2
HE
Commissioner Sanchez: The motion is to direct the Manager to recalculate, under last year's
formula, these three organizations that are being affected.
Commissioner Teele: Would you state the three organizations again?
Mr. Warshaw: ABDA, Little Havana Development Authority and...
Vice Chairman Gort: Small Business Opportunity Center.
Mr. Warshaw: ... SBOC. And, for the record...
Commissioner Regalado: We're voting-- Mr. City Attorney, we're voting here just on one motion by
Commissioner Sanchez. We're not voting on eight, is that correct?
Commissioner Sanchez: Correct.
Commissioner Regalado: Is this an amendment to eight or we're voting on...
Vice Chairman Gort: We're voting on eight. It's an amendment to eight.
Commissioner Regalado: No.
Mr. Vilarello: I think the item came up as a...
Commissioner Teele: We never voted on eight.
Commissioner Regalado: No, we never voted on -- no.
Commissioner Sanchez: We never voted on it, so call the question.
Vice Chairman Gort: No, we haven't voted on eight. Yes, I know.
Commissioner Regalado: No, no, no, no. This is only a motion,
Mr. Vilarello: This is a motion.
Commissioner Sanchez: This is only a motion.
Commissioner Regalado: Separate from eight?
Commissioner Sanchez: Yes.
Commissioner Regalado: OK.
Commissioner Sanchez: Call the question.
Commissioner Regalado: Call the question.
Commissioner Teele: Before you do, could you clarify the "and" or the "or"?
Vice Chairman Gort: Or.
89 November 16, 1999
Mr. Fernandes: Under the Commission motion, what we will do is, we will calculate fifteen hundred
dollars ($1,500), per national objective met in the Technical Assistance area, which we did not do in
this particular calculation.
Commissioner Sanchez: Correction.
Commissioner Teele: But would you...
Mr. Warshaw: We'll use last year's formula for those three organizations. And for the record, the
amount for the three of them combined comes to fiftjLone thousand dollars ($51,000).
Commissioner Teele: Would you comment, though, on the interpretation of your policy, that they
must provide 20 -- in this particular organization, 20Facade and 20 Technical Assistance. Is it "and"
or "or"?
Mr. Fernandes: It should be "and/or." So, it would be -- we would use the "or" classification in
determining our calculation.
Commissioner Teele: Well, why would you have the "and" or the "or' It would either be one or the
other. I mean...
Mr. Fernandes: Because there could be a combination of the two in order to meet the objective. It's
possible that they could be, for example, slightly short in the area of facade. They could be slightly
short...
Commissioner Teele: So, why wouldn't it be "or"?
Mr. Fernandes: ...in the area of Technical Assistance but it's and/or. So, it would be a combination
of the two or we would use the thing that would work to their most advantage with the....
Mr. Warshaw: It's and/or because any combination of eitherTechnical Assistance...
Vice Chairman Gort: If they could meet the...
Mr. Warshaw: ...or, they'll get funded both from the same formula we used for last year for those
three organizations. They will be operating under the same way they operated last year. So, they
will not be...
Commissioner Regalado: Is that...
Vice Chairman Gort: It should be standard for all the organizations.
Commissioner Regalado: Is that for next year or is that back payment that you owe them?
Vice Chairman Gort: Commissioner Sanchez.
Mr. Fernandes: This is based...
Mr. Warshaw: That's for next year.
90 November 16, 1999
Mr. Fernandes: ...on performance from the 24th year and that's what we're applying the incentives
for this particular year.
Commissioner Regalado: No, no. We gave them or we decided for an extension from September to
November. Now, that will be included. Are you going to prorate that-- those three months and pay
them?
Mr. Fernandes: Yes, sir.
Mr. Warshaw: It's uninterrupted. We're going to...
Commissioner Regalado: Uninterrupted?
Mr. Warshaw: Right. They'll be working under the same formula, if it had not changed.
Commissioner Sanchez: Call the question.
Vice Chairman Gort: OK. Any other...
Commissioner Winton: I have one more question. I'm sorry, Commissioner Sanchez. You said that
there -- it seems to me I heard two different things. One thing that I heard that this would cost
additional fifty thousand dollars ($50,000) and it seem like I heard also that it wouldn't-- that it
would be revenue neutral. So, I'm not sure which it is here.
Vice Chairman Gort: Fifty-one, is my understanding.
Mr. Fernandes: It's an additional fifty-one thousand dollars ($51,000) that would be allocated.
Commissioner Winton: And where does that money come from?
Mr. Fernandes: It'll come from the 25th yearallocation of CDBG funds.
Vice Chairman Gort: And a savings of hundred and seventy-five that we cut, plus the sixty-seven.
You're talking about two hundred and some...
Commissioner Winton: So, it's going to come out of that money?
Vice Chairman Gort: Comes out to two hundred and some thousand dollars that we have there.
Commissioner Regalado: And we still have, remember, two hundred and forty thousand dollars
($240,000).
Commissioner Winton: OK.
Mr. Warshaw: Two hundred and forty-two thousand, yes.
Commissioner Winton: And, then, one last question. If we're doing it for three that have good
performance records, are there any others that have good performance records that should be
considered? I don't know the answer to that, but I don't think we ought to be unfair to anyone.
91 November 16, 1999
Mr. Fernandes: The agencies that we've included here are the only agencies that will be impacted by
the change of the revised policy.
Commissioner Winton: I see. I understand, then. Thank you.
Vice Chairman Gort: OK. Any further discussion. Being none, all in favor, state by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: No nays.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.99-861
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO RECALCULATE THE RECOMMENDED FUNDING
LEVELS FOR THE CITY OF MIAMI 25TH YEAR ECONOMIC
DEVELOPMENT RECOMMENDED FUNDING LEVELS (FY 1999-
2000), TO PROVIDE ADDITIONAL FUNDING DOLLARS FOR THE
HEREIN BELOW LISTED AGENCIES: (1) ALLAPATTAH
BUSINESS DEVELOPMENT AUTHORITY; (2) SMALL BUSINESS
OPPORTUNITY CENTER AND (3) LITTLE HAVANA
DEVELOPMENT AUTHORITY, IN THE AGGREGATE AMOUNT
OF $51,000.
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.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: You know, I know that we've got a lot to do but I think it's important that
members of the Commission, Mr. Manager and staff, know about this letter. Because it shows the
domino effect that one decision that you make had, not only in these groups, but in simple
merchants. This is a person that writes to me, lives in my district; has a store in Commissioner
Sanchez' district. He sells paint. There's a small store. So, he says that he has been supplying paint
to a contractor that works for Small Business Opportunity Center and he -- this contractor bought
four thousand three hundred dollars ($4,300) in paint, August of this year. Now, the contractor has
not been paid because the SBO has not received the payment, and we all know that you send checks
92 November 16, 1999
and the delays and we all know that process. So, he's saying here, "Look at what my dilemma is. I
want to keep this guy as a customer, but if he doesn't get paid because the City does not pay the
SBOC, I'm going to have to sue them and I want to keep him as a customer. But if I don't get my
money, I'll be bankrupt because I'm a very small store." And he finished by saying, "I don't care
what is the politics of the City of Miami. I don't really care what is going on with SBOC or my
contractor. I just want my four thousand three hundred dollars ($4,300). If not, I'm going to have to
close my store." So -- you see. I mean, we're talking here -- you guys made a decision and this guy
is about to close his store, and I'm -- I mean -- and this is the one we know. This is the one we know.
We don't know how many bills are not being paid because you guys made a decision because you
felt that was the right thing to do. So, I don't know if there are any back bills that needs to be paid to
the different facade organizations, but I really know that this guy is hurting. I mean, probably we will
all go home and we won't remember this guy tomorrow but -- I mean, he's going to have to close the
storejust because the City don't pay.
Vice Chairman Gort: Hold it a minute. Hold it a minute. Wait a minute.
Mr. Fernandes: We will talk with that individual and...
Vice Chairman Gort: The other day there was a lady who was sitting here. She was supposed to
have gotten a check on Friday or Monday. She didn't get it. When she went and -- she was even
accused that she was threatening someone and the police was called and all that. Somehow we need
to establish communication. Somehow we need to work with some of these individuals to make sure
that payment comes in because this is one problem that we've been having. So, somehow, you need
to put all these things together. And I agree with Commissioner Teele, we're going b need to sit
down here, some time next week and two weeks, and just spend a whole day just on this program to
establish -- to make sure that we're complying with the federal guidelines and that we are providing
the service to the community. OK? What...
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: We've got a very long...
Vice Chairman Gort: I know. We've got to get going.
Commissioner Teele: ..and big agenda. Let me just understand. Now, we've got some Zoning
items. They're not going to come up before 5 o'clock. Would that be...
Vice Chairman Gort: No, they're not.
Commissioner Teele: So, would it be fair that Zoning-- we won't take...
Vice Chairman Gort: We already announced that. I announced that, that probably Zoning won't start
until about 5 o'clock.
Commissioner Teele: OK. Now, could I -- may I just inquire. On the Housing, I've got faxes here,
letters here. Where are we on the Housing Community Development contracts?
93 November 16, 1999
Y
Mr. Fernandes: The housing agencies are funded through November 30th. Again, the agencies we
talked about this morning for administration, they are part of the RFP process and we'll be coming
back to the Commission in December relating to the housing projects.
Commissioner Teele: Yeah, but see -- Mr. Chairman, we can't keep doing this. Look, I have a letter
here and I'm not going to -- the first -- I'm taking this out of context. In general, the ambiguity
concerning -- the first extension for the housing contracts was from July 1, '99 to September 30th,
which was a three month extension. We complied. The second extension is now being prolonged
from October 1 to November 30, a two month extension. Again, we had to execute a new contract.
You know, imagine all of this contracts and staffing for 60 days and we've complied. Additionally,
in the midst of all the contract extensions, there are payroll delays and contract execution delays,
which cause severe financial hardship for not -for -profits. Undoubtedly, there will be more delays,
more paperwork, financial hardships. We're requesting that the Community Development treat us
the same way as the Social Services. Well, that was a one year -- I don't think that's fair. Mr. Chairman, it's already November 30th for all -- we're not going to meet again between now and
November 30th, so we know we've just planned a train wreck. When we leave here today on
November 16th, these contracts will extend and we will have done nothing, will have expired. On
November 30th, they expire. So, we're participating now -- I mean, it's one thing for the staff to lead
us into this train wreck, but we're participating because we know that we're not going to meet again
until December 7. So, what happens to these people from November 30 to December 7? And I'll tell
you this. Everybody in this room knows that the contracts won't be ready. You won't have
recommendations for us on December 7.
Mr. Fernandes: That is our projected date to come back to you for those recommendations.
Commissioner Teele: It will be absolutely, legally impossible...
Commissioner Regalado: Do you yield?
Commissioner Teele: ...for you to have gone through all of the processes, including the Community
Development Advisory Committee and gotten them to have a meeting and a notice and a board
meeting. I mean, come on. We're all adults here. Let's be fair with each other. Mr. Chairman, if the
Manager -- if the Chairman will allow it, if the Manager will agree to it, I would Ike to move, not a
one-year extension, but an extension through March the 30th, which is literally four months, and give
us time to do this. And the reason I'm saying that, that's six months into the next year. So, in effect,
April 1st to September 30th is six months. So, that's the-- that will be an 18 month kind of deal. And
when we bring these people forward, we can give them an 18-month contract and be back on cycle.
But the way we're doing this now, we're just going to have more people being not paid. It's coming
up on Christmas. It's coming upon Thanksgiving. Even Scrooge is sorry about what he did because
his name is being forevermore called out in every town, in every hamlet. So, let's don't be the
Scrooges here. Let's get this thing straight. I think a 90-day, 120-day extension is the right thing to
do. Let's take our time. Let's do it properly. Let's notice it for the next meeting to do it. Because I
don't think we can legally do it today.
Mr. Warshaw: Have to advertise it.
Commissioner Teele: We have to advertise it.
Mr. Vilarello: Commissioner, I did ask if we could advertise it for the 30th and have the meeting on
the 30th.
94 November 16, 1999
Commissioner Teele: And what I would propose, if the Chairman and the Commission would agrcq
is that we have a special meeting on November 30th for the purpose of considering an extension
through March 30th, as well as putting every notice of every program in the CDBG on the agenda for
that meeting, including all of the previous awards and inshuctions relating to the activities that are
under review and underway, specifically including the commitment of the CRA and other areas. Put
it all on the paper. Let's notice it. And let's have a full meeting on November 30 on the whole
CDBG program.
Vice Chairman Gort: There's a motion to move the meeting...
Commissioner Regalado: Second.
Vice Chairman Gort: ... special meeting on November 30th. Is there a second?
Commissioner Regalado: No. This is a special meeting.
Mr. Vilarello: Special meeting.
Vice Chairman Gort: Special meeting, yes. Is there a second?
Commissioner Teele: A special meeting on CDBG...
Vice Chairman Gort: On CDBG.
Commissioner'Teele:... as well as any other matters that the Manager wants toput on the agenda.
Vice Chairman Gort: Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Second. Discussion? Being none, all in favor, state by saying...
Mr. Vilarello: I'm song. Commissioner?
Commissioner Regalado: What time?
Vice Chairman Gort: Nine o'clock.
Mr. Vilarello: Mr. Chairman?
Commissioner Teele: What time?
Vice Chairman Gort: What time can you make it? That's one thing-- what time is the earliest?
Commissioner Regalado: I can be here at 9:30.
Commissioner Teele: Nine thirty?
Vice Chairman Gort: OK.
Mr. Vilarello: Mr. Chairman?
95 November 16, 1999
Vice Chairman Gort: Nine thirty.
Mr. Vilarello: It's a special meeting. The call has to be specific. Reference to the Manager --
anything that the Manager...
Commissioner Teele: Let's do this. Why do we need to call it a -- why don't we just have a
Commission meeting and focus on CDBG, but allow the Manager to--? You don't want -- you just
want to limit it to CDBG?
Commissioner Winton: Yeah. I think that we've got a serious issue here that needs all of our
attention, and to have a bunch of other stuff thrown in the middle of it, doesn't make any sense to me.
That ought to be in our regular meeting. So, I think this ought to be a one -issue deal and get this
problem resolved.
Commissioner Tecle: I don't object.
Commissioner Regalado: It will be a special meeting on CDBG?
Mr. Vilarello: So, the Manager can place items on the agenda related to CDBG...
Vice Chairman Gort: CDBG. That's it.
Commissioner Winton: Only.
Mr. Vilarello: ... CRA?
Commissioner Teele: But everything related to CDBG.
Vice Chairman Gort: OK?
Commissioner Teele: The one thousand...
Mr. Vilarello: HOME, SHIP...
Commissioner Teele: ...units per year, the housing stuff. Everything that is in the CDBG program,
we need to have notices, Mr. Attorney, Mr. Clerk, Mr. Manager.
Vice Chairman Gort: OK. Is that understood?
Mr. Warshaw: Yes.
Mr. Vilarello: Yes.
Vice Chairman Gort: OK.
Mr. Vilarello: But you're not including Item 8 for consideration.
Mr. Warshaw: You're going to...
Commissioner Regalado: No, we're going to vote...
96 November 16, 1999
Commissioner Teele: We're going to vote on that now.
Commissioner Regalado: We're going to vote on now.
Commissioner Teele: But we also are, specifically, asking that you put on the agenda every
resolution and every ordinance that's pending, that hasn't been funded, put it on for funding,
including the hundred and -- the March 30th extension for the Housing programs. We may not
approve it at that time but if we don't notice it, we can't approve it. And every item that we have
pending under our 5-Year Plan, that is up for this year, please notice them under the requirement,
please. I would call the question.
Vice Chairman Gort: OK. It's already been passed.
Mr. Vilarello: It's on a special meeting.
Vice Chairman Gort: You've got your orders. OK.
Commissioner Teele: Would you vote on it, please?
Mr. Vilarello: On a special meeting.
Vice Chairman Gort: We voted on it already.
Commissioner Regalado: No, we did not.
Vice Chairman Gort: OK. All in favor state by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-862
A MOTION TO EXTEND BY FOUR MONTHS (DECEMBER 1, 1999
TO MARCH 31, 2000) THOSE CDBG CONTRACTS BETWEEN THE
CITY OF MIAMI AND AFFECTED HOUSING ADMINISTRATION
AGENCIES; FURTHER SCHEDULING A SPECIAL COMMISSION
MEETING ON NOVEMBER 30, 1999, BEGINNING 9:30 A.M., TO
CONSIDER CDBG FUNDING FOR CDBG-RELATED CONTRACTS,
ALONG WITH CONSIDERATION OF LEGISLATION (BOTH
ORDINANCES AND RESOLUTIONS) PERTAINING TO ALL OTHER
CDBG-RELATED PROGRAM ACTIVITIES (INCLUDING CDBG
LEGISLATION IMPACTING ON THE COMMUNITY
REDEVELOPMENT AGENCY), AS WELL AS PENDING
LEGISLATION FOR 1999 PERTAINING TO CDBG COMMITMENTS,
COMMUNITY REDEVELOPMENT AGENCY COMMITMENTS, AND
INDIVIDUAL RESOLUTIONS AND ORDINANCES WHICH FORM
PART OF THE 5-YEAR RECOVERY PLAN).
97 November 16, 1999
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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Commissioner Regalado: Mr. Chairman?
Commissioner Teele: Mr. Chairman, I would move that the December 7th meeting be scheduled for
December 14th.
Commissioner Regalado: Second.
Commissioner Teele: That gives the Commission two weeks. I know the City Attorney would like
to be present on the 14th. On the 7th, he cannot be. And what that does is it takes a little bit of time
to process agenda packets, and putting two meetings week behind week is very difficult on the staff.
Vice Chairman Gort: Let me ask you a question, while we're dealing with the meeting days.
Forever, the City of Miami always had the meetings on Thursday, not to be in conflict with the
County's meetings. They're on Tuesdays. Do we have any problem in changing this back to -- on
Thursdays? That will give you the whole week to look at the agenda.
Commissioner Regalado: Thursday is the County's meeting. That's why we...
Vice Chairman Gort: No, Tuesday.
Commissioner Teele: Tuesday.
Commissioner Regalado: They do meet on...
Commissioner Teele: They have their additional meetings, the zonings...
Vice Chairman Gort: Their regular meetings are on Tuesday.
Commissioner Teele: Their real meetings are on Tuesdays and they use Thursday as a back-up day.
Commissioner Regalado: I don't have any problem.
Commissioner Winton: I don't have a problem.
Vice Chairman Gort: Do we have any problem? Now, question: It used to start at 9 o'clock also,
and that will give us a lot more time to really deal with that.
Commissioner Teele: He can't be here until 9:30.
98 November 16, 1999
Vice Chairman Gort: You can't be here until what time?
Commissioner Regalado: Nine thirty.
Vice Chairman Gort: Nine thirty. OK. We'll start with regular meeting at 9:30. Is there any
problem with that?
Commissioner Teele: No. I think what we should do is schedule the protocol meetings for like
9:20...
Vice Chairman Gort: OK.
Commissioner Teele:...and the regular meeting beginning on 9:30.
Vice Chairman Gort: All right.
Commissioner Teele: And that will give us a full time. And we can always hold something if
Commissioner Regalado would like it held.
Vice Chairman Gort: Can I have a motion?
Commissioner Teele: I would so move, Mr. Chairman...
Commissioner Winton: Second.
Commissioner Teele: ...that Commission meeting days, that are currently scheduled for Tuesdays,
be moved to the following Thursdays for the entire year and that the Clerk will be instructed to
publish in the newspapers the changes in the Commission meeting for the full year, as well as the
meetings will start at 9:30, with the presentations to be scheduled for 9:20.
Vice Chairman Gort: Do you want to start as of December or do you want to start next year?
Commissioner Teele: Starting-- effective in January. January the...
Vice Chairman Gort: OK.
Commissioner Teele: ... 13th would be the first one.
Commissioner Sanchez: Mr. Vice Chair?
Vice Chairman Gort: Yes. Under discussion.
Commissioner Sanchez: Why? If we've been doing it on Tuesday, why move them to Thursday?
Commissioner Teele: Because they never did it on Tuesday. They always did it on Thursday.
Vice Chairman Gort: Because we never did it on Tuesday. That was just the change that was made
to -- OK? All in favor, state by saying "aye."
The Commission (Collectively): Aye.
99 November 16, 1999
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-863
A MOTION INSTRUCTING THE CITY ATTORNEY TO PREPARE
AN ORDINANCE AMENDING SECTION 2-34(B) OF THE CITY OF
MIAMI CODE TO CHANGE THE REGULAR MEETINGS OF THE
CITY COMMISSION EFFECTIVE JANUARY 2000 FROM THE
SECOND AND FOURTH TUESDAYS TO THE SECOND AND
FOURTH THURSDAYS OF EACH MONTH; FURTHER STATING ITS
INTENT TO SET THE TIME FOR ALL PROTOCOL ITEMS
BEGINNING AT 9:20 A.M. AND THE REGULAR MEETING SHALL
BEGIN AT 9:30 A.M.
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.
Vice Chairman Gort: No nays. Thank you very much.
Commissioner Teele: Mr. Clerk, did you get that instruction?
Vice Chairman Gort: Do I need a motion on eight?
Commissioner Regalado: I would...
Mr. Vilarello: Mr. Chairman, yes. I will-- those meetings are set by ordinance. I will bring back an
ordinance with those changes for your consideration.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: So, that will come back on the 30th?
Mr. Vilarello: Yes, sir.
Vice Chairman Gort: Have we moved Item 8?
Mr. Vilarello: Well, I can do it for the first meeting in December. If you pass on an emergency
basis, it will be effective for January. There's an ordinance— well, actually, I can bring it back today,
if you'd like, first reading.
Vice Chairman Gort: You're talking about Item 8?
100 November 16, 1999
Mr. Vilarello: No, no. The special...
Vice Chairman Gort: I'm talking about Item 8.
Mr. Vilarello: ... the meeting change...
Vice Chairman Gort: Have we moved Item 8?
Mr. Vilarello: No, you have not.
Vice Chairman Gort: We have not. We have to deal with that.
Mr. Walter Foeman (City Clerk): No, we haven't.
Commissioner Teele: I would so move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion? Yes.
Commissioner Regalado: We need to revise some of the funding and I would try to explain to my
fellow members. We have two hundred and forty thousand dollars ($240,000). Because the
fifty-one thousand dollars ($51,000) that we approved are not coming out of this amount. Is that
correct?
Mr. Warshaw: Yes.
Mr. Fernandes: Correct.
Commissioner Regalado: So, we still have two hundred and forty thousand dollars ($240,000)
Mr. Warshaw: Two hundred and forty-two thousand.
Commissioner Teele: You moved fifty thousand dollars ($50,000) from Economic Development-- I
mean, the Development office earlier this morning into a reserve.
Commissioner Regalado: Right.
Commissioner Teele: So, that fifty thousand dollars ($50,000), I would assume, would be applied
for those three organizations?
Commissioner Regalado: No.
Mr. Warshaw: No.
Commissioner Regalado: No.
101 November 16, 1999
Mr. Warshaw: The fifty-one thousand dollars ($51,000) that we just passed for these three
organizations, we're going to take out of next year's funding. You've still got the one twentyfive, the
fifty and the forty-seven -- two forty-two. One twenty-five.
Commissioner Regalado: Minus fifty thousand dollars ($50,000), which Commissioner Teele
dedicated as a reserve.
Mr. Warshaw: OK. From that two forty-two. OK. I understand.
Commissioner Teele: I mean, I just said make it a reserve, rather than trying to give it tosomebody
that...
Commissioner Regalado: No. I mean, it's fair. But it's still-- for instance, they -- there are several
groups here, Little Havana Development Authority has been underfunded twentyeight thousand
dollars ($28,000) less. Could you explain why?
Mr. Fernandes: The twenty-eight thousand dollars ($28,000) represents the funding for the months
of October/November. They are recommend at the same levels, as they have been historically
funded in the past.
Commissioner Teele: Commissioner, let me try to help you. Do you support all of the funding, at
least, at a minimum level as they're getting now?
Commissioner Regalado: No, Commissioner.
Commissioner Teele: Is there anybody you'd like to reduce?
Commissioner Regalado: Is anybody I'd like to increase? That's what I'm...
Commissioner Teele: No. I'm saying, is there anybody here that you would like to reduce?
Commissioner Regalado: No, sir.
Commissioner Teele: Then, what I would recommend we do, just for the sake of moving this is, we
approve this, as it is. Bring it back on the 30th, with the Manager's recommendation and your
recommendation coming forward, as to how you would like to distribute those dollars. In that way,
we have a clean package and we can make that decision, but it's going to look, I think, rather inartful
(sic), if we begin to try to move it at this precise moment.
Commissioner Regalado: I don't...
Commissioner Teele: If you want to do it now, we can do it now, but I think it's --we should notice
it, that these agencies are going to be reviewed for the funding and he -- and if you've got
recommendations, then, give it to the staff now and let them prepare it.
Vice Chairman Gort: But wait a minute.
Commissioner Regalado: I...
Vice Chairman Gort: Excuse me. I don't think you're reading correctly
102 November 16, 1999
Vice Chairman Gort: Huh?
Vice Chairman Gort: They received a hundred thousand last year. This year they're going to receive
a hundred and five.
Commissioner Winton: Right.
Commissioner Regalado: I'm sorry?
Vice Chairman Gort: Last year they received a hundred thousand. This year they're going to receive
a hundred and five.
Commissioner Winton: That's a five thousand increase.
Mr. Fernandes: Commissioners, the moneys that they would be shortchanged would be the month
moneys that you've already approved...
Vice Chairman Gort: right.
Mr. Fernandez: ... because of the recalculation of the formula.
Vice Chairman Gort: What you're doing is..
Commissioner Regalado: Wait a minute. The SBOC, how much is the funding? Mind you, this
year is not...
Vice Chairman Gort: This year they're getting a hundred and nine thousand. Last year they had a
hundred thousand. They get an additional nine thousand this year.
Commissioner Regalado: No, no, no, no. But this Commission approved the Flagami-Southwest 8th
Street corridor. And this is a lot of money we're talking about. They already have more than 40
clients that they're willing to do a facade. And this Commission, because of an emergency and
because of administration's approval, did approve. So, you expect them to do the same, plus
Southwest 8th Street, from 27th to the Palmetto, with nine thousand dollars ($9,000)? I don't think
SO.
Mr. Fernandes: Again...
Commissioner Regalado: So, what's your answer?
Mr. Fernandes: ...the recommendation that we have here is based on the base funding from last year.
Does not taken into consideration the extra money that they received.
Commissioner Regalado: Yeah, but-- but, you see, Dan, you did not follow what the Commission
directed you to do.
Vice Chairman Gort: Commissioner Regalado, my understanding is-- and, then, correct me if I'm
wrong. This can come back on the next meeting -- they're getting a hundred and nine thousand
dollars ($109,000) addition, and they have certain targets they have to meet, twenty. If they're
doing...
103 November 16, 1999
Commissioner Regalado: No, no, no.
Vice Chairman Gort: ... a lot more, they're goingto get additional funding for doing so.
Commissioner Regalado: Mr. Chairman, no. i know what I'm talking about. This Commission
approved to go out of the target area because of the hardship of Southwest 8th Street, and they were
directed to go past 27th Avenue, which is the end of the target area. They went business by business.
It was advertised on radio and TV. A lot of people called them. Now, they're faced with a situation
that they do not have the money to do these projects. Although, whenyou did the funding, you knew
that this Commission had approved this project. I don't understand why you did not include this
project.
Mr. Fernandes: T'hey're included through November 30th. Beyond that point, the additional funding
is not there. That is correct, Commissioner.
Commissioner Regalado: But I'm still -- I don't understand. Why -- I mean, does it matter that the
Commission approves a resolution? I mean, does it matter, Mr. City Attorney? Do they have to
follow that direction?
Mr. Vilarello: I don't — I'm not familiar with the resolution, but if your resolution gives them a
directive and the Manager must follow your directive.
Commissioner Regalado: Must? They cannot ignore.
Mr. Vilarello: He cannot ignore your-- the Commission's directive by resolution.
Commissioner Regalado: And what happens if they do?
Vice Chairman Gort: Let the Manager answer.
Mr. Warshaw: Commissioner, it's my understanding that, for this emergency situation only, that
there was to be an additional twenty-five thousand dollars ($25,000), which they were given. So, if it
was beyond that...
Commissioner Regalado: No, Mr. Manager, that's not what-- it was discussed here.
Mr. Warshaw: That's my understanding.
Vice Chairman Gort: OK.
Mr. Warshaw: If I'm wrong and it's supposed to be continued...
Vice Chairman Gort: When you look at the documentation that's in front of us, the only additional
funding they're receiving from last year is nine thousand dollars ($9,000). So, if you're talking about
an additional twenty-five thousand dollars ($25,000), it's not in here.
Mr. Fernandes: And that is correct. As the Manager indicated, the funds that we did was on an
emergency basis at a twenty-five thousand dollar ($25,000) allocation, at that time. This particular
recommendation deals with the base funding, the base funding for last year...
Vice Chairman Gort: OK.
104 November 16, 1999
fi�t�s
err
Mr. Fernandes: ... and the incentives.
Vice Chairman Gort: Where do you account for those twenty-five thousand dollars ($25,000) you
already gave them? What is accounted here?
Mr. Fernandes: The twenty-five thousand dollars ($25,000) are received on an emergency basis.
Mr. Warshaw: For this year.
Mr. Fernandes: For this year. And the funding is through November 30th. Now, if the Commission
wants to continue that, you, obviously, have the authority to go ahead and do that.
Mr. Warshaw: And what Commissioner Regalado is saying is, where is the twentyfive thousand -- I
think is what you're saying -- for next year's funding? What I'm saying is, it wasn't my understanding
that that was to be a continuing, ongoing. If it is, you know, we'll deal with it.
Vice Chairman Gort: Well, my understanding is, you need to sit down with them. Becaise my
understanding -- and, Commissioner Regalado, stop me if I'm wrong-- that they did not receive the
twenty-five thousand dollars ($25,000) that they received. They received for the...
Mr. Fernandes: The twenty-five thousand dollars ($25,000) they had...
Vice Chairman Gort: Additional to their normal funding for the extension? In other words...
Mr. Fernandes: They received the twenty-five thousand additional dollars. Yes, sir.
Commissioner Winton: So, it's over and above the base line hundred?
Mr. Fernandes: Above the base line. So, they have a base line of a hundred thousand dollars
($100,000), and they got another allocation for the 8th Street emergency of an additional twentyfive
thousand dollars ($25,000).
Vice Chairman Gort: So, you're saying they received a total of a hundred and twentytfive thousand
-- they will receive a hundred twenty five thousand dollars ($125,000)?
Commissioner Winton: They did.
Mr. Fernandes: They have received that.
Vice Chairman Gort: Somehow, they -- you know, this is where communication comes in. You say
yes. They say no.
Commissioner Regalado: So what-- I mean...
Mr. Fernandes: Again, I want to make it clear that the funding that they have received is through
November 30th. It was an emergency funding that we had provided that particular allocation.
Commissioner Regalado: Can you tell us...
Mr. Fernandes: Beyond November 30...
105 November 16, 1999
Commissioner Regalado: Excuse me. Can you tell us what have you received? I mean...
Vice Chairman Gort: Come into the mike, please.
Commissioner Regalado: I mean -- you know, because we made a commitment. I mean, we had
like a big party in Palmetto and 73rd and Southwest 8th Street and, you know, everybody was happy
there. No one from the administration was there. So-- I mean, they didn't know that the merchants
were really rushing to get into the facade program and...
Commissioner Teele: Commissioner, does this-- just so that the public is clear. Does this relate to
the 8th Street -- reconstruction of 8th Street by the Department of Transportation, how they just tore
up the streets, shut down businesses for about a year or so?
Vice Chairman Gort: That's right.
Commissioner Regalado: Right.
Commissioner Teele: And the City all voted-- we all voted that we were going to get resources in to
help those businesses?
Commissioner Regalado: Correct. Exactly.
Commissioner Teele: Many of them went out of business.
Commissioner Regalado: Exactly.
Commissioner Teele: A lot of them were just holding on...
Commissioner Regalado: Exactly.
Commissioner Teele: ...and I think we designated one organization to go in and provide technical
assistance.
Vice Chairman Gort: That's correct.
Commissioner Teele: I just want the public to understand what this is all about.
Commissioner Regalado: Right. It's because of an emergency and the hardship of many merchants
in Southwest 8th Street. And could you tell us what have you received and what you have pending?
Mr. Luis Sabines: We did receive -- Luis Sabines, Jr. I'm the Assistant Director of the Small
Business Opportunity Center. We did receive additional twentyfive thousand dollars ($25,000).
Now, the problem is this. These facades take months to be finished. Now, we only have the
allocation of the money until the last of November. We don't have any more money to pay the staff
after November. We already have 72 participants and 27 businesses under contract, which we will
not be able to finish, unless additional funds are given to us to pay employees to go and work the
Flagami area.
Commissioner Teele: But the City staff gave you everything that we directed?
106 November 16, 1999
L01
X
Mr. Sabines: Well, they gave us an extra twenty-five thousand dollars ($25,000)...
Commissioner Teele: OK.
Vice Chairman Gort: Right. So, they need an additional...
Mr. Sabines: ... for the period of two months.
Vice Chairman Gort: OK. All right.
Mr. Sabines: Now,1 need to pay my employees for the rest of the 10 months so they can go ahead
and finish those 72 businesses that we have there.
Commissioner Teele: And see, Commissioner Regalado...
Commissioner Winton: Which is what we're trying to vote on.
Commissioner Teele: But that's why I'm suggesting, really, the best thing we can do is to end
number eight the way we've done, then, yield to you, Commissioner Regalado, to give instructions to
the Manager to consider the things that you want to have considered and to have it adverised and
back here on November 30'h, so that we can make whatever decision it is, and 1 will support your
recommendations because you know the problems. But I think it doesn't do the staff and the process
fair to try to do it up here like this, at this time.
Commissioner Regalado: No. I agree with you, Commissioner Teele. But the problem is that, you
know, you live one day at a time and the merchants call my office. They don't call their office. They
call my office because they -- we announced that. I mean, it was said that the City Commission did
approve -- the only help, mind you, that the City of Miami gave merchants of Southwest 8th Street
was this. They requested many things from waivers of permits to taxes waivers and whatever, and
the only help that we gave them was the facade program. Now, we have dozens of merchants in
Southwest 8th Street, which is logical because they just have the street redone and they want to have
their business nice, and we don't have the money. And we have this situation that every week we
have to call the Manager in order to continue. It's very frustrating, to say the least.
Vice Chairman Gort: My understanding is, we're to do a motion. If we pass this motion, then you
make an amendment that, on the 30th, they come back. My understanding, they have enough funds
to cover until the 30th of November and, then, on the 30th of November, we can make the
extensions. Can I have a motion, please?
Commissioner Teele: So moved, Mr. Chairman.
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 by saying "aye."
The Commission (Collectively): Aye.
107 November 16, 1999
a
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-864
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING AND DIRECTING THE
ALLOCATION OF FUNDS, IN THE AMOUNT OF $1,141,394,
FROM TWENTY-FIFTH (25TH) YEAR. COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR THE
CONTINUATION OF SERVICES PROVIDED BY EXISTING
ECONOMIC DEVELOPMENT AGENCIES FOR THE PERIOD OF
DECEMBER 1, 1999 THROUGH SEPTEMBER 30, 2000, AT THE
SPECIFIC AMOUNTS AND FOR THE COMMUNITY -BASED
NEIGHBORHOOD ORGANIZATIONS AS IDENTIFIED IN THE
CHART, ATTACHED HERETO AND MADE A PART HEREOF;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE COMMUNITY -BASED NEIGHBORHOOD
ORGANIZATIONS FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the 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 ayes take it. Thank you very much.
Commissioner Teele: Mr. Chairman, I would move all further that theManager, again, specifically,
advertise this item for the November 30th, that Commissioner-- that you meet with the organization
and you determine what is the full cost, through the end of the year, for this emergency program.
See, we -- it may be twenty-five thousand dollars ($25,000). We may have a seventy-five thousand
dollars ($75,000) issue here. But whatever it is, this Commission has said we're going to do it, so we
really want to do that. And, so, if you could return with us. And, then, I would further request that
each Commissioner be able to give the Manager a written letter, making recommendations as to how
You would like to see -- and the Manager will present those recommendations. You know, you don't
have to recommend it but, at least, present it so that we can act upon it, with your analysis on it at the
next meeting for the 30th, as well as all resolutions. And, Mr. Attorney, I hope you all were-- all
resolutions that have been passed by this Commission relating to Community Developmelt funds
would be noticed and advertised and placed on this agenda for consideration and action. Would you
second that, please, sir?
108 November 16, 1999
Commissioner Regalado: I will. I will second it.
Vice Chairman Gort: That last vote, that was a resolution. Weall voted for it and it was not ...
Mr. Foeman: Item as presented on the agenda...
Vice Chairman Gort: Item 8? I asked for the vote. It was all unanimous. Yes.
Mr. Foeman: OK. We only heard you move it and second it. You were interrupted by the
Commissioner on another issue. But we never took the roll call. That's why I requested that Item 8
be shown...
Vice Chairman Gort: You have to have roll a call?
Mr. Foeman: No. I mean, just the unanimous vote. That's what I was asking.
Vice Chairman Gort: We need a unanimous vote. They don't need a roll call. OK. That's my
understanding.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-865
A MOTION DIRECTING THE CITY MANAGER TO ADVERTISE
THIS ITEM (CDBG) FOR THE NOVEMBER 30 SPECIAL MEETING;
FURTHER INSTRUCTING THE MANAGER TO MEET WITH
REPRESENTATIVE(S) OF SMALL BUSINESS OPPORTUNITY
CENTER TO DETERMINE WHAT IS THE FULL COST NEEDED
THROUGH THE END OF THE YEAR FOR ITS EMERGENCY
PROGRAM; FURTHER DIRECTING THE MANAGER TO
ADVERTISE AND SCHEDULE ALL RESOLUTIONS PASSED BY
THE COMMISSION RELATING TO CDBG FOR CONSIDERATION
AND ACTION.
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.
Mr. Sabines: I have to clarify something.
Vice Chairman Gort: You want it again?
109 November 16, 1999
Mr. Foeman: I just wanted to show that the full body voted on it unanimously.
Vice Chairman Gort: OK.
Commissioner Teele: Yes, we. did. Yes.
Vice Chairman Gort: Yes.
Commissioner Sanchez: He wants to clarify.
Vice Chairman Gort: Yes, sir.
Mr. Sabines: I want to clarify something. The twenty-five thousand dollars ($25,000) we got was
for August and September. It wasn't for October and November. So, we do not have any money for
October and November.
Commissioner Teele: But, see, that's what -- my motion covers that. I just moved it and
Commissioner Regalado seconded it. And that is that you'll meet with the Manager and you all will
do the plan for the end -- not for the year, but for the end of the project, OK? So, if you can finish it
in August or March, you know -- and we'll look at that as a separate project, those businesses on 8th
Street.
Vice Chairman Gort: Special project.
Commissioner Teele: As a special project.
Vice Chairman Gort: OK. There's a motion and second on that one. Is there any further discussion?
Being none, all in favor, state by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: We all unanimous. Thank you.
110 November 16, 1999
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-866
A MOTION INSTRUCTING THE CITY MANAGER TO ADVERTISE
THE ISSUE RESULTING FROM THE DEPARTMENT OF
COMMUNITY DEVELOPMENT'S $25,000 EMERGENCY LOAN TO
THE SMALL BUSINESS OPPORTUNITY CENTER'S FACADE
PROGRAM, WHICH AIDED BUSINESSES ALONG SOUTHWEST 8
STREET THAT WERE AFFECTED BY THE STATE OF
FLORIDA/DEPARTMENT OF TRANSPORTATION'S
REFURBISHMENT EFFORTS FOR THE SPECIAL COMMISSION
MEETING OF NOVEMBER 30, 1999; FURTHER DIRECTING THE
CITY MANAGER TO MEET WITH THE SMALL BUSINESS
OPPORTUNITY CENTER TO DETERMINE THE FULL COST
NEEDED FOR SAID REFURBISHMENT PROJECT, THROUGH THE
END OF THE YEAR, FOR SOUTHWEST 8 STREET; FURTHER
DIRECTING THE CITY MANAGER TO RETURN BEFORE THE
CITY COMMISSION ON NOVEMBER 30TH WITH IIIS
RECOMMENDATIONS FOR CDBG ALLOCATIONS; FURTHER
DIRECTING THE CITY MANAGER TO INCLUDE THE
RECOMMENDATION AND REPORT BY THE INTERNAL AUDITOR
REGARDING THE AUDIT REVIEW BY THE DEPARTMENT OF
COMMUNITY DEVELOPMENT OF MIAMI CAPITAL
DEVELOPMENT CORPORATION, INC.
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.
Vice Chairman Gort: Item 9, 10, 11. We took 11. Fourteen. National Rehab Property. Theyare not
here.
Commissioner Teele: Number 13. Mrs. Martin is here, Mr. Chairman.
Vice Chairman Gott: Mrs. Martin.
Commissioner Teele: Mr. Chairman, while Ms. Martin is making her way up, included in that
motion on the 13th, Mr. Manager, would be the recommendations and the report of the Audit Office
and recommendations from the Manager, the audit, and the attorney on Miami Capital.
111 November 16, 1999
Mr. Donald Warshaw (City Manager): I think I sent you something this morning.
Commissioner Teele: Yeah, but it's just a one -page -- we need a recommendation. I mean, as of
November 30th -- and it's the same problem. As of November 30th, the entire loan portfolio for
Miami Capital has no Manager.
Mr. Warshaw: Commissioner, in addition to the memo on the audit I sent you, there was a rather
thick, extensive package. Ann Sterling has your copy. I'll make sure you get it.
Commissioner Teele: Well, just tell me this. As of November 30th, who's in charge of tile Miami
Capital Loan portfolio?
Mr. Warshaw: That's a good question. And the recommendation that you receive today, basically,
talks about some options as to Miami Capital's future.
Commissioner Teele: Well, I would hope that the Miami Capital would be an item that would be on
the November 30 agenda, everything related to CDBG, so that we could get all those decisions --
that's what we're trying to...
Vice Chairman Gort: Yes, ma'am?
Ms. Emma Martin: Good afternoon. My name is Emma Martin. I'm the owner of Prestige
Supermarket, and I've been operating Prestige Supermarket
r;
for two years without a budget. I
submitted some documentation to City Manager, Mr. Warshaw's Office, to indicate all the
allegations that I have against Miami Capital,
as far as deceit, fraud, conversion of funds, and about
me using my working capital for fire damage repair. And I've been running this store for two
x;=
and a
half years without a budget and, as of three weeks ago, we had to close the store down. Winn Dixie
is coming a block away from where the store is. We were already in trouble prior to them
coming.
And my recommendation to the City of Miami is for Miami Capital to forgive their loan in order for
me to convert it to a business that will be viable for myself, as well as the community. Me keeping
it
a supermarket would not be viable with Winn Dixie coming September 2000. And I've already
invested almost two hundred and
s_
some thousand of my personal money, and I owe the City and the County four hundred and fifty thousand dollars ($450,000) and Miami Capital,
three hundred
thousand dollars ($300,000). And, at this point, I don't see no way that we're going to survive with
Winn Dixie coming in September 2000,
4
of because we haven't been surviving now due to the fact
that I didn't have operational funds to keep the store
operational. I sold every piece of property that I own to keep going on my own and I have lost everything and I'm losing now. So,
my
recommendation would be that the loan -- I'm willing to pay Ocean Mark the hundred and fifty
thousand dollars ($150,000). 1 can't even sell the building because
no one wants to buy it because
Winn Dixie is coming, and because my debt is four hundred and fifty thousand dollars ($450,000).
So,
I'm put against -- in a position that I'm in a no -win situation due to the fact that, in the beginning,
my working capital was used to do fire damage
repairs, which I was told by Miami Capital that they
would reimburse me. I have copies of checks that they received from the insurance company, and I
had not received any monies. I have
copy of the closing statement, where they made a fourteen
thousand dollar ($14,000) profit from me at closing, them being a non-profit
organization. I have all
the documents to prove — and I've been trying to get some assistance on this for the last two
years,
112 November 16, 1999
and, as of yet, I haven't had anything done about it, and Miami Capital isn't willing to cooperate to
rectify the situation in the past, nor in the future. So, that's where it leaves me now. But I do have a
copies of everything that I'm speaking on. So, I only, at this point, to come to the City and see can
they resolve this issue.
Vice Chairman Gort: OK. Thank you. Mr. Manager.
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman I have not had an opportunity to review this
matter. Of course, the City Commission does not have the authority to forgive a note or a loan or an
obligation to Miami Capital. I'll be more than happy to look into the matter and report back to the
City Commission after I review it with the City Manager. But as presented to you, I'm not sure what
the basis would be for this City Commission to forgive a loan that was given by Miami Capital.
Vice Chairman Gort: My understanding, we had not done this inthe past?
Mr. Vilarello: Pardon me?
Vice Chairman Gort: This has not been done in the past?
Mr. Donald Warshaw (City Manager): I don't know.
Commissioner Teele: What was the question?
Mr. Warshaw: Whether it's been done in the past.
Mr. Dan Fernandez (Assistant Director, Community Development): The City Commission has, in
the past, taken that kind of an action. It has been questioned by HUD (housing of Urban
Development) in the past, and it's something that I think --you know, I'll leave it in the hands of the
Law Department, but it's something that we certainly wouldn't recommend as an administrative
recommendation from the department.
Vice Chairman Gort: My understanding is, allocation has been made. There was the fire that todc
place within this building. The property owner paid for the fire, and the return by the insurance
company was kept by Miami Capital and she was never reimbursed for that. So, can we look into
this and come back to us with a report on this?
Mr. Warshaw: Yes.
Commissioner Teele: Mr. Chairman?
Mr. Fernandes: Commissioner, we've already initiated an investigation. We sent a correspondence
to Miami Capital when we received the allegations from Ms. Martin. We have a deadline of
November 22nd for Miami Capital to respond back to us, relating to those allegations, and we'll
come back with • you know, with our results of that.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Mr. Chairman, thank you very much. The matter that Ms. Martin is raising is
a very serious matter. I don't think we can understate the personal and emotional damage that is
113 November 16, 1999
being done by this transaction. The City Attorney, however, has, I think, raised the appropriate red
flag, and I would hope that we would begin the discussion on the 30th with the audit findings against
the City of Miami, specifically, against Miami-- specifically, against the Department of Community
Development, the Law Department and the City Attorney -- and the City Commission. Because one
of the issues that was one of the paramount findings of the OIG (Office of Inspector General) and the
audit was that the City Commission, inappropriately, entertained the kinds of requests that we're
hearing now. I am very, very interested in trying to find a solution, but that solution does not appear
to be what Ms. Martin is asking for, in that the HUD auditor just told us that we can't do what Ms.
Martin is asking us to do and, that is, we don't have the authority to forgive a loan issued by another
corporation. Miami Capital has its own board of directors; it has its own structure, and while they do
receive grant -funding from us, it's legally impossible and certainly inappropriate for us to try to do
that. We could buy the loan maybe or we could — there are some things maybe that we could do or
entertain if we were so inclined. But I think this is a very good starting point for the meeting on next
-- the next Commission meeting. We should start with the audit OIG findings that came about about
18 months ago, and many of those findings directly relate to the issue that we're dealing with right
now. In other words, the history of the Commission involving itself in those things. When I was
elected two years ago, this loan had been approved and I sat down with Ms. Martin then and shared
with her my concern about this loan, and I met with Miami Capital and told Miami Capital the same
thing I said this morning, that this loan was underfinanced, in my judgment. Itwas underfunded, in
my judgment. I said that to you, Ms. Martin, before the monies were ever disbursed, that this was a
loan that was going to be in deep trouble, and I was assured by Miami Capital that it was fairly and
adequately financed. In addition, there were a lot of things that came about after the commitments
were made, that she's made reference to, some emergency issues relating to a fire that had previously
been held. I think what Ms. Martin is putting on the table are some very serious lender liability
issues, and I don't know who the lawyer is for Miami Capital. Is it the City Attorney?
Mr. Vilarello: No, sir.
Commissioner Teele: But the lawyer for Miami Capital needs to be on the case, and I would hope
that, as a part of the Miami Capital discussion on November 30th, we could, specifically, probe and
inquire about this loan, as well as other loans, with the presence of the officers of Miami Capital, as
well as the lawyers for Miami Capital. Essentially, you bought the building from Miami Capital, is
that right, Ms. Martin? Is that my recollection? Or you bought equipment from Miami Capital?
Ms. Martin: At closing, Miami Capital purchased the building from Trans Atlantic Bank and then
sold it to me the day they closed it.
Commissioner Teele: But they purchased it from Trans Atlantic Bank. Why? Because they had a
loan with the...
Ms. Martin: They owned the equipment at the time, not the building.
Commissioner Teele: They owned the equipment in the building?
Ms. Martin: Right. But at closing they bought it from Trans Atlantic for a hundred and thirtysix
thousand and sold it to me for a hundred and fifty thousand at the closing table.
Commissioner Teele: And it goes on, and I don't want to get into it. I thick that's enough on the
i_
record to establish that everybody's lawyers ought to be at the table when this thing gets discussed.
Vice Chairman Gort: OK. Thank you. The Manager will talk to you. Thank you.
114 November 16, 1999
d
0
Vice Chairman Gort: Fourteen is approving the grant of seven hundred and fifty thousand dollars
($750,000) for WAGES (Work and Gains Economic Self -Sufficiency Coalition).
Ms. Joni Jones -Harris: Good afternoon, Commissioners. Item 14 is our funding award from the
Miami-Dade/Monroe WAGES Coalition to operate the WAGES Program, where we currently are
serving approximately one thousand clients. Its operating capital, as well as our building, to provide
support of services to our clients.
Vice Chairman Gort: Thank you. Do I have a motion?
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second? I need a second. Second? Second?
Commissioner Sanchez: Second.
Vice Chairman Gort: OK. Any further discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
Mr. Walter Foeman (City Clerk): Excuse me. It's an emergency ordinance.
Mr. Alejandro Vilarello (City Attorney): This is an emergency ordinance.
Vice Chairman Gort: OK. I'm sorry.
Commissioner Sanchez: It's an emergency ordinance? Four/fifths vote?
Mr. Foeman: Yes.
Commissioner Sanchez: It's a four/fifrlis vote.
Vice Chairman Gort: Read the ordinance. The ordinance accepting the WAGES funds.
Commissioner Teele: Accepting funds?
Commissioner Sanchez: Grant funds.
Vice Chairman Gort: Grant funds. It's for WAGES. Don't go.
I need you. I need you.
Commissioner Sanchez: ... for the operation of programs in the amount of...
Mr. Alejandro Vilarello (City Attorney): There's a potential conflict and I haven't had the chance to
look at it.
115 November 16, 1999
Vice Chairman Gort: OK.
Mr. Vilareilo: This is an emergency ordinance.
Vice Chairman Gort: Is Regalado here? The City might have a conflict.
Commissioner Sanchez: Who?
Note for the Record: Item 14 was tabled.
Vice Chairman Gort: All emergency ordinances, 16, IS.
Commissioner Sanchez: Well, Pass them because we dorit have four Commissioners.
Vice Chairman Gort: Sixteen the same. Seventeen.
Mr. Donald Warshaw (City Manager): Fifteen is not an emergency.
Major J. Longueira: They're all second readings, 15, 16, 17, 18.
Vice Chairman Gort: Second reading, but the... After second reading, what?
Commissioner Sanchez: Item number 15, so moved.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and second. Is there any further discussion? Read it. OK.
Call the question. Call the roll.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 11520, TO INCREASE
APPROPRIATIONS TO THE SPECIAL REVENUE FUND
ENTITLED "COPS MORE 96" IN THE AMOUNT OF $340,002, SAID
ADDITIONAL FUNDS RECEIVED IN 1998 AND 1999 AS
SUPPLEMENTAL GRANTS FROM THE U.S. DEPARTMENT OF
JUSTICE FOR THE CONTINUED OPERATION OF THE "COPS
MORE 96" PROGRAM; FURTHER AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANTS, AND TO EXECUTE THE
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
116 November 16, 1999
H
was passed on its first reading, by title, at the meeting of October 26, 1999, 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.
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: Let's go back to 14 now.
Mr. Alejandro Vilarello (City Attorney): Commissioner...
Vice Chairman Gott: Read it.
Commissioner Sanchez: So moved.
Vice Chairman Gort: Been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Moved and second. Call the roll. Second roll call.
117 November 16, 1999
An Ordinance Entitled —
AN EMERGENCY ORDINANCE BY THE MIAMI CITY COMMISSION
ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "MIAMI-
DADE/MONROE WAGES COALITION PROGRAM (FY'99-2000)"
APPROPRIATING GRANT FUNDS FOR THE OPERATION OF THIS
PROGRAM IN THE AMOUNT OF $750,000 FROM THE MIAMI-
DADE/MONROE WAGES COALITION THROUGH THE STATE OF
FLORIDA WORK AND GAIN ECONOMIC SELF-SUFFICIENCY (WAGES
ACT), CHAPTER 414 FLORIDA STATUTES; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE MIAMI-
DADE/MONROE WAGES COALITION FOR THE ACCEPTANCE OF SAID
GRANT; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Sanchez and seconded by Commissioner Regalado, 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.
NAYS: None.
ABSENT: Commissioner Johnny L. Winton
Whereupon the Commission on motion of Commissioner Sanchez and seconded by
Commissioner Regalado, adopted said ordinance 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
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11853.
118 November 16, 1999
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vice L;nai man Gort: Sixteen. Second reading. This is accepting additional grant from Motor
Vehicle Theft Prevention Authority for forty nine thousand one hundred and twenty-four dollars
($49,124). Do I have a motion? Second reading.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Second. Any discussion? Read the ordinance. Call the roll.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 11167, AS AMENDED, ADOPTED
JULY 14, 1994, WHICH ESTABLISHED INITIAL RESOURCES AND
APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED
"OPERATION C.A.R.S.," TO INCREASE SAID APPROPRIATIONS,
IN THE AMOUNT OF $49,124.00, CONSISTING OF A GRANT
FROM THE STATE OF FLORIDA MOTOR VEHICLE THEFT
PREVENTION AUTHORITY; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT, AND TO EXECUTE ALL
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSE; AUTHORIZING THE
CITY MANAGER TO EXPEND MONIES TO CONTINUE THE
OPERATION OF THE PROGRAM; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
was passed on its first reading, by title, at the meeting of October 26, 1999. 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.
119 November 16, 1999
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11854.
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: Seventeen. The U.S. Department of Justice, Office of Community Policing.
Commissioner Sanchez: So moved.
Vice Chairman Gort: Second reading. It's been moved. Is there a second? Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. An ordinance. Read it. Call the roll.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS
FOR A SPECIAL REVENUE FUND ENTITLED "TROOPS FOR
COPS 99 GRANT," AUTHORIZING THE CITY MANAGER TO
ACCEPT A GRANT, IN THE AMOUNT OF $54,900, FROM THE
U.S. DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY
ORIENTED POLICING SERVICES (COPS), AND TO EXECUTE
ALL NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, TO ACCEPT SAID GRANT;
AUTHORIZING THE EXPENDITURES OF SAID GRANT FOR
OPERATION OF SAID PROGRAM; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
was passed on its first reading, by title, at the meeting of October 26, 1999. On motion of
Commissioner Sanchez, seconded by Commissioner Winton, the ordinance was thereupon given
its second and final reading by title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner "Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
120
November 16, 1999
,f
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11855.
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: Eighteen. Proposed ordinance of School Based Partnerships Grant I1.
Commissioner Sanchez: So moved.
Vice Chairman Gore Accepting two hundred and three thousand dollars ($203,000). It's been
moved. Is there a second?
Commissioner Regalado: Second.
Major Joseph Longueira: Commissioner?
Vice Chairman Gort: Moved, second. Yes.
Major Longueira: I've got a correction. The total amount is two hundred and six thousand nine
hundred and seventeen dollars ($206,917). OK. That's the total amount. There was a correction
letter.
Vice Chairman Gort: Two zero six nine one seven?
Major Longueira: Two zero six nine one seven, yes.
Vice Chairman Gort: OK.
Commissioner Sanchez: Move. Still move.
Vice Chairman Gort: Read the ordinance. Call the roll.
121 November 16, 1999
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS
FOR A SPECIAL REVENUE FUND ENTITLED "SCHOOL BASED
PARTNERSHIPS GRANT II"; AUTHORIZING THE CITY
MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF
$206,917, FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF
COMMUNITY ORIENTED POLICING SERVICES ("COPS"), AND
TO EXECUTE ALL NECESSARY DOCUMENT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID
GRANT; AUTHORIZING THE EXPENDITURES OF SAID GRANT
FOR OPERATION OF SAID PROGRAM; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
was passed on its first reading, by title, at the meeting of October 26, 1999. 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11856.
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: Nineteen. An ordinance...
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, this is just simply a cleanup ordinance.
The Occupational License Equity Study Commission, of course, expired after its last report. Section
2-892 of the City Code includes that in one of the committees that needs to be sunsetted every four
years, and this just strikes that reference out of that provision.
Commissioner Sanchez: So moved.
Vice Chairman Gort: Is there a second?
122 November 16, 1999
i
Commissioner Winton: Second.
Been moved. Been moved and second. Any discussion? Being none...
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATIONBOARDS, COMMITTEES, COMMISSIONS,"
TO REMOVED THE REQUIREMENT FOR A FOUR YEAR SUNSET
REVIEW OF THE OCCUPATIONAL LICENSE EQUITY STUDY
COMMISSION; MORE PARTICULARLY BY AMENDING
SECTION 2-892 OF SAID CODE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of October 26, 1999, was taken up
for its second and final reading, by title, and adoption. On motion of Commissioner
Sanchez, seconded by Commissioner Winton, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO 11857.
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: Twenty. Second reading. The booting ordinance.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
123 November 16, 1999
Vice Chairman Gort: Been moved and second. Is there-- read the ordinance. Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 42/ARTICLE IV, OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "TOWING
OF MOTOR VEHICLES;" TO PROVIDE DEFINITIONS AND
ESTABLISH REGULATIONS, PROCEDURES AND PENALTIES
FOR THE IMMOBILIZATION OF VEHICLES PARKED ON
PRIVATE PROPERTY WITHOUT PERMISSION OR AUTHORITY;
MORE PARTICULARLY BY RENAMING ARTICLE IV OT
"TOWING AND IMMOBILIZATION OF MOTOR VEHICLE," BY
DIVIDING SAID ARTICLE INTO DIVISIONS 1, 2, AND 3, BY
AMENDING SECTIONS 42-102 THROUGH 42-104, AND BY
ADDING NEW SECTIONS 42-116 TO 42-118 TO SAID CODE;
PROVIDING FOR A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
was passed on its first reading, by title, at the meeting of October 26, 1999. On motion of
Commissioner Sanchez, seconded by Commissioner Winton, the ordinance was
thereupon given its second and final reading by title, and was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: Commissioner Tomas Regalado
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11858.
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: Did we establish the rates?
Major Longueira: Yes.
Vice Chairman Gort: Twenty-one. First reading.
Commissioner Teele: Does this ordinance allow for the City police to use this to immoblize or is
this limited now to...
Major Longueira: Private property.
124 November 16, 1999
semis.
Commissioner Teele: ... private operators?
Major Longueira: Private operator on private property.
Commissioner Teele: Now, suppose the City wanted to immobilize vehiclesusing this method, what
would they have to do?
Mr. Alejandro Vilarello (City Attorney): I could certainly look into it. Because you're now seizing
the vehicle, I would be concerned about the notice requirements. Of course, the ordinance...
Commissioner Teele: Hold it. This happens to vehicles all over the nation. I mean, if you park your
-- first of all, if you have a ticket, a series of tickets, in most cities...
Commissioner Sanchez: Unpaid tickets.
Commissioner Teele: ...unpaid tickets and you don't — you don't even have to do anything just that
day, just have it all already there, they boot the car. But this is one of the areas that I see.
Mr. Donald Warshaw (City Manager): In lieu of towing, you're talking about?
Commissioner Teele: Booting of cars.
Mr. Warshaw: Right. In lieu of towing.
Commissioner Teele: In lieu oftowing. You take the areas, for example, therein Spring Gardens. I
mean, there in Spring Garden, where all of these people -- we've discussed this now for two or three
months. You've got all the people from Jackson, who don't want to pay to park. They are just
parking all up and down the residential areas on side streets. I would much rather see those people
booted than towed. You know why? Because if you tow those people -- these are honest, hard
working people there at Jackson Hospital, just trying to save a dollar, even though we've asked them
not to park; we've signed it not to park; we're -- I assume we're giving them tickets not to park, Mr.
Off -Street Parking Authority, it seems to me that, if you really want to get control of these
neighborhoods, you put a boot on one time and you have the people in the area and, essentially,
they'll get the message. When you pick up somebody's car and tow it, you take them through
tremendous amount of inconvenience. And it just seems to me that booting cars, in some cases, is
more appropriate than towing. I don't know. But I'm asking this question: If we wanted to boot, can
we boot and how would they we go about doing it, Mr. Manager or Mr. Attorney or Mr. Longueira--
Major—Colonel Longueira?
Major Longueira: Commissioners, probably two ways we would have to look at it. If the Police
Department had to do it themselves, OK, we'd have to have a mechanism for the collection of the
money, and people to go around booting and unbooting, and I don't think we want to tie a police
officer up doing that. The second part would be whether through our current contracts with towing
companies, we enable them to do that at our authority. We ticket them; they boot them, and then, in
order to take the boot off, they would have to pay. Again, they would have to have a mechanism to
pay on the spot. I think it's possible, one of the things to consider is, what happens if a car is left
there late into the evening and they don't get it that day? We would have to end up towing it because
I don't think we want the liability of leaving it there all night and it getting vandalized. So there's a
bunch of things -- if you want us to look at it, we'll look at it and come back.
125 November 16, 1999
X,
Vice Chairman Gort: Part of your RFP (Request for Proposal) could be that they have to provide 24-
hour service, if they want to provide that service, and they should have somebody in line with it. My
understanding, the commitment is, they have to be there within 30 minutes.
Major Longueira: Weil go contact some cities that do booting, you know, themselves and we'll
come back for you.
Commissioner Tecle: I got booted in 1978 in Washington, DC. So, I mean, this is not new...
Vice Chairman Gort: You were lucky they didn't tow you away. OK. Thank you.
Vice Chairman Gort: Twenty-one.
Major Longueira: Commissioners, just real briefly. This is a new grant. This is a first reading. We
received from the Federal Government. It's an antfvandalism grant and it's a hundred and
seventy-nine thousand six hundred and forty dollars ($179,640) and we have to match it. We're
matching it with fifty-nine thousand eight hundred and eighty dollars ($59,880) from the Law
Enforcement Trust Fund.
Commissioner Sanchez: So moved.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved. Is there a second? Moved and second. Discussion?
Major Longueira: It's an ordinance. I believe we need a reading.
Vice Chairman Gort: Read the ordinance. Call the roll.
126 November 16, 1999
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS
FOR A SPECIAL REVENUE FUND ENTITLED "STOP ACTIVE
VANDALISM EVERYWHERE" ("SAVE") GRANT, AUTHORIZING
THE CITY MANAGER TO ACCEPT SAID GRANT IN THE
AMOUNT OF $179,640.00, FROM MIAMI-DADE COUNTY AND TO
EXECUTE ALL NECESSARY DOCUMENT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; AUTHORIZING 25%
REQUIRED MATCHING FUNDS OF $59,880.00; ALLOCATING
FUNDS THEREFOR FROM THE POLICE DEPARTMENT LAW
ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001,
690002, AND 690003, FOR A TOTAL OF $239,520.00; CONTAINING
A REPEALER PROVISION AND SEVERABILITY CLAUSE.
was introduced by Commissioner Sanchez, seconded by Commissioner Winton, and was
passed on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Vice Chairman Gort: Let me ask a question before we go on to School Based Partnership Grant. On
the agenda you have first reading and then, when it comes to }our back-up material, you have
ordinance and you have an emergency ordinance.
Mr. Donald Warshaw (City Manager): On which item?
Vice Chairman Gort: On Item 22. But this has happened to all of the items, so a lot of times we
emergency ordinance. Although, we have to have that language. have — either it's first reading or second reading. And if it's a second reading, it shouldn't be an
127 November 16, 1999
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Mr. Alejandro Vilarello (City Attorney): On item 22 =- no. Actually, there's an attachment to it,
which refers to an April 1999 ordinance, which is an emergency ordinance. The ordinance for your
consideration is not an emergency ordinance.
Major Joseph Longueira: Yeah. This is additional monies on top of the .first one.
Mr. Warshaw: I see.
Vice Chairman Gort: Right. I understand. But I wanted the difference between the...
Mr. Vilarello: Because it amended the earlier one.
Vice Chairman Gort: ... documents, the backup documents. OK. Do I have a motion to accept?
Commissioner Winton: So moved.
Vice Chairman Gort: To allocate seventeen thousand five hundred.
Commissioner Winton: So moved.
Vice Chairman Gort: It's been moved.
Commissioner Sanchez: Second.
Vice Chairman Gort: Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: OK. Read the ordinance. Call the roll.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 11769, TO INCREASE
APPROPRIATIONS TO THE SPECIAL REVENUE FUND
ENTITLED "SCHOOL BASED PARTNERSHIPS GRANT", IN THE
AMOUNT OF $17,500, CONSISTING OF A SUPPLEMENTAL
GRANT FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF
COMMUNITY ORIENTED POLICING SERVICES; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
128 November 16, 1999
was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was
passed on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
The 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 c:nairman Gort: Twenty-three. The executive director of the Miami Parking System increase
in rate increase.
Mr. Clark Cook: Commissioner Gort, do you want my comments on that?
Vice Chairman Gort: You all have a chance to look at the increases?
Commissioner Sanchez: No. I would like an explanation of...
Vice Chairman Gort: Well, we requested that they increase the...
Commissioner Sanchez: Huh?
Mr. Cook: I'll make a very short presen — my name is Clark Cook. I'm the Executive Director of
Miami Parking Systems. What you have in front of you is a rate increase request. This request is a
request so that we could meet the two million dollar ($2,000,000) requirement that we have to the
City. When we negotiated the five-year contract, we explained to the City people in a negotiation
with the City Manager that our negotiation — that in order to meet those goals over the frvo-year
period. It would take two rate increases of the parking meters, one rate increase this year and one
rate increase two years from now. The meters being raised now— they are very sight -specific. The
meters being raised now have not had a rate increase in over five years. Actually, I think it's eight
years, or five that I can follow in my own records -- over five years. So, this is not something where
we have continually raised the rates. This is a long-term type project. The funds will be used to
meet the City's requirement of two million dollars ($2,000,000), which we owe this City we're
committed to.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Yes.
129 November 16, 1999
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Commissioner Regalado: Question for Clark, not related to this but related to parking. Are you
going to have a grace period for Thanksgiving...
Mr. Cook: For the holiday season, yes sir.
Commissioner Regalado: ... and Christmas Holiday?
Mr. Cook: Just like we do every year.
Commissioner Regalado: It's starting when?
Mr. Cook: I don't know the exact date, but I'll get the Commission a memo. I think we start about
five or six days before the actual holiday, somewhere around the 2dh, if my memory is correct.
Around the twentieth or the 19th. But I will see that it's -- I will get you a memo out on that
immediately.
Commissioner Regalado: Thank you.
Vice Chairman Gort: Instead of a ticket, you get a Christmas card. OK. Do I have a motion?
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: What is the amount of revenue?
Mr. Cook: That that rate increase will bring? Approximately, two hundred thousand dollars
($200,000), sir.
Commissioner Teele: In your memorandum, you indicated that your analysis of rates did not include
parking garage number -- was it six or...
Mr. Cook: Parking garage number four, sir.
Commissioner Teele: Number four.
Mr. Cook: Number four is owned by the City of Miami, and the City specifies the rates for us-- to
US.
Commissioner Teele: How do those rates differ from these rates?
Mr. Cook: Those rates are six dollars ($6) an hour, much higher. And I think I explained in my
memo that I sent to the Commissioners that, the reason for that is, that is a parking garage and a
premiere office building and probably the premier parking garage in the City from an office
standpoint, and that's the difference. And these are meter rates that you're looking at and permit rates
that we're looking at. Doesn't have anything to do with the garages actually there, will raise them.
Commissioner Teele: Are the garage rates being adjusted?
Mr. Cook: The garage rates have been adjusted for the twenty percent. We're not asking you to...
130 November 16, 1999
Commissioner Teele: No. Hold it. That's not fair. The twenty percent?
Mr. Cook: The garage rates are not being adjusted, Commissioner, in this rate.
Commissioner Teele: No. But the twenty percent is not a rate. It is a surcharge onto the rate, and it
may be paid by the rate payer but is it not-- it does not reflect in the rate base?
Mr. Cook: All the rates I show you include the twenty percent.
Commissioner Teele: That's -- the hventy percent, which you keep raising, is not the issue. We're
talking now about rates.
Mr. Cook: Yes, sir.
Commissioner Teele: OK. Have the garage rates been raised or adjusted in the last two years?
Mr. Cook: No, sir.
Commissioner Regalado: Excuse me. But the private ones have, right?
Mr. Cook: What...
Commissioner Regalado: The private parking in downtown.
Mr. Cook: We do a survey of all our downtown lots and garages every year. We do it from once to
twice a year. Those rates -- and we try to maintain ourselves as keeping the rates as low as we can.
We report to our board on that on a regular basis. The last time we looked at the rates, we were all
about the same downtown.
Commissioner Teele: Mr. Cook, when is the last time the garage rates were adjustment?
Mr. Cook: Commissioner, it would have to be at least four years ago. And I— and it's not since
then. Now, except for garage four.
Commissioner Teele: Garage four is run by the City?
Mr. Cook: Actually, we operate it but the City owns it and tells us what rate...
Commissioner Teele: But we set the rates?
Mr. Cook: Yes, you do.
Commissioner Teele: So, garage four has one rate structure and the other garages have a different
rate structure?
Mr. Cook: All the garages have a little different rate structure, depending on the customers they
serve.
Commissioner Teele: What is the value of the garages that we have in the City of Miani that...
131 November 16, 1999
Mr. Cook: Commissioner, I think I would be misleading you if I tried to give you a figure. There
would certainly be a high value on those garages. The garages we have -- one garage, garage one, is
an older garage and it's over 40 years old. The other garage are relatively in the 20-year period and
in very good shape.
Commissioner Teele: Well -- I mean, you know, part of the issue that this City has been dealing with
is that we have put virtually all of the burden of the economic recovay on the homeowner and on the
residents of Miami. What we have said we're going to try to do is see how we can relieve the
citizens of Miami of some of that burden and shift it to the people that come here, that use our City
resources and services and, then, they retreat to Coral Gables and to Miami Shores and on to Kendall
and Broward and on and on and on and on and on. This City has been good to a lot of people, right?
But the point is this: Is it appropriate that we look at a rate increase for the garages, as well?
Mr. Cook: I will be glad to look at that, yes, sir. This was part of the negotiations that we had with
the City Manager at the time we did this five-year contract. It was not City Manager Warshaw was
his predecessor. This is part of the plan that we negotiated. I will be delighted to look at that for you
and report back to you on that. I would ask that you pass this ordinance today because we need to
get going. It has to be effective in February.
Commissioner Teele: Well, letme put on the record. I really believe that we pander on one hand to
the special interests, the lawyers, the lobbyists, the Gucci wearers, and we really stick it to the
homeowners and the residents that live in this City. On the other hand, I think thatdowntown,
particularly, generates important tax base and, yet, we provide very few amenities for the continued
development and redevelopment of downtown. It's sort of a "Catch 22." I, particularly, take note of
the fact that you all have plundered pretty well the dollars out of the redevelopment area and you put
in over the last, what, six years? You took that money out of redevelopment and put it into Gusman,
right?
Mr. Cook: We didn't take the money out, sir. We put it into Gusman because the City had
committed to pay for the Gusman and told us to do it.
Commissioner Teele: Yes. But let me be very clear, Mr. Cook, on the record again. The money that
went into Gusman came out of Overtown, out of the redevelopment authority, in violation of state
law, in violation of the intent of everything that this community is supposed to stand for. Now, we
do agree on that, don't we?
Mr. Cook: We do. We do. And...
Commissioner Teele: OK. So, the point that I'm trying to make is, I want to seeGusman be a great
facility, and I would be willing to support a rate increase in the garages, to the extent, and dedicate
the funds to Gusman. I mean, the point is this: we need to build our downtown, but we don't need to
build it at the expense of any other area of the City. And it just seems to me that, if we've had— not
Gusman and the parking authority has the jurisdiction over Gusmhad a rate adjust involvement in the garages for four- years, you know, and we need an, it seems to me that wecan look funds for
at the parking authority rate structure as one way to provide those funding, as one way.
Mr. Cook: Commissioner, let me speak. And I understand your position. I think you and I have
spoken on this several times. I'd rather take Gusman and take it away, set it off to the side -- I know
you don't feel that way, but I would. I really think you have to...
Commissioner Teele: No. If you don't think that's an appropriate linkage...
132 November 16, 1999
Mr. Cook: Yeah, I don't.
Commissioner Teele: ...I will respect that. But I do think...
Mr. Cook: I think we need to look at parking...
Commissioner Teele: But I do think it's fair for us to say that we have raised taxes on the residents of
this City every year up until this year. This is the first yea; you know, and I've been basically
saying, "The taxes in this City are too high. They are at nine point six mills. If I have my way, if I
can get a a Mayor and Commission to agree, we're going to have the millage rate down to six and a
half to seven mills because that's where it ought to be." But the fact of the matter is, to do that, we're
going to have to increase the cost of fees of people who use City services but don't pay a fair value
for that or they don't pay a market -driven value for that. So, the only point that I'm asking you to do
is, would you look at...
Mr. Cook: Absolutely. And I will tell you that we are looking at it and I will, not only look at it, I'll
get back to you and the rest of the Commission on our opinion on that. Let me say this, if I may?
And I don't want to overtalk, and I apologize. We need to look at the parking, understand the
importance of parking, that parking plays, not only in downtown but throughout the community.
And we don't want to put ourselves in a problem -- this is my recommendation with eight years
experience -- that I saw in other towns, such as Atlanta, where you can't find a place to park and the
cost is so high you just— it's ...up. I have some other information...
Commissioner Teele: Let me tell you why. Do you know why? Because the policymakers in
Atlanta have good sense. and the policymakers in Atlanta took two billion dollars ($2,000,000,000)
of federal funds -- I'm song -- four billion dollars ($4,000,000,000) now of federal funds. They built
a transit system. They have, basically, used the parking and the land use policies to underwrite and
to underscore that investment. On the contrary, in Miami, we have consistently underminded the
transit investments in this community by having all sorts of land use policies, parking policies that
work against those things. And, so, if you want to get to — if you want to use Atlanta, I will show
you at 5 o'clock, in Atlanta, leave any building and go to the airport. You can be at the airport within
twenty minutes in anywhere downtown Atlanta. In Miami it's going to take you 45 minutes to an
hour, even though its three times closer.
Mr. Cook: You're absolutely right.
Vice Chairman Gort: OK. Do I have motion to approve the increase?
Commissioner Winton: So moved.
Vice Chairman Gort: It's been moved. Is there a second? It's an ordinance.
Mr. Alejandro Vilarello (City Attorney): Yes.
Vice Chairman Gort: Will you read it?
Mr. Vilarello: "An ordinance of the Miami City Commisson amending Sections 35-91, 35-92 and
35-93 of the code of the City of Miami, Florida, as amended, by changing rates at certain on•street
lots; changing the rates at municipal parking garages; providing for said rate changes to become
effective February 1, 2000"...
133 November 16, 1999
Vice Chairman Gott: Hold it. Hold it. Hold it. I understand I don't have a second?
Commissioner Sanchez: I didn't second it.
Vice Chairman Gort: OK.
Commissioner Sanchez: I'll second it for discussion.
Vice Chairman Gort: OK. Discussion,
Commissioner Sanchez: As Commissioner Teele was saying on the parking, you know, I could
compare it almost to the Solid Waste, where, for so many years, there weren't any increases and then,
all of a sudden, you know, you have to have an increase. And the impact that it creates is really an
eye opener. And the other issue on the transit, I'm not even going to get involved in that, but I don't
want Miami to turn out like in New York, where parking space, it's almost like going out to a fancy
dinner with your family. Now...
Mr. Cook: I believe you will find my board feels-- agrees with you, Commissioner. They are very
careful with that. We addressed that with surveys, looking at the parking costs that we have all time,
on both meters and parking garages. We feel the same way that you do.
Commissioner Sanchez: But to elaborate on the issue. One is that, you know, we just implemented
a twenty percent increase. And, of course, we try to focus us having the people from the outsidepick
up the burden, reference the taxpayers, who, today, are paying not only high taxes but other taxes
that really they would do just about anything to do away with. My concern is that, you know, the
increase, and you did provide us with a list, where the increases are not that much, compared to other
cities, as Coral Gables...
Mr. Cook: That's correct.
Commissioner Sanchez: ... and surrounding cities where they are paying higher parking rates.
Mr. Cook: Absolutely.
Commissioner Sanchez: Now, how much are we looking at an increase in the different areas?
Because when I looked at the...
Mr. Cook: Well, it...
Commissioner Sanchez: Excuse me. When I looked at the back-up material, different areas...
Mr. Cook: Different areas give different increases.
Commissioner Sanchez: ... paid different prices.
Mr. Cook: And you change hours, you know, instead of-- it's a dollar ($1) an hour. Let's say that
it's seventy-five cents ($0.75) an hour and you make it a dollar ($1) an hour. You're really not
tremendously increasing the cost to parking. You're just -- the way it's set up, the way you do
parking meter increases like this, and you do get more funds. We estimate, based on historic records,
what we will raise. We look at every zone, every parking meter zone, throughout the City, to see
134 November 16, 1999
how much revenue it brings in and we evaluate what the potential is. We also are very, very careful
in looking and making sure we don't raise the zones too many times in one area. These zones that
you are looking at today have not been -- rates have not been raised in in over five years.
Commissioner Sanchez: But if you look at these areas— and just out of lack of standardization...
Mr. Cook: Yes.
Commissioner Sanchez: ... which is a word around here that people don't understand.
Mr. Cook: But you can't standardize meter rates and you shouldn't because that would be totally
unfair.
Commissioner Sanchez: I agree with you. But just to look and study the issue on -- like Coconut
Grove pays, per hour, a dollar twenty-five ($1.25) per hour.
Mr. Cook: Yes.
Commissioner Sanchez: Civic Center area pays a dollar twenty-five ($1.25) an hour; Jackson
Memorial area pays seventy-five cents ($0.75) an hour.
Mr. Cook: That's correct.
Commissioner Teele: Designer District pays sevent)-five cents
Mr. Cook: And if you stop...
Commissioner Sanchez: I think it's standard. It's just basically standard, but when you look --when
you get to areas like the Garment Center area, fifty cents ($0.50). And then you go back to 8th Street
and it's 75 cents ($0.75); West Flagler, seventy-five cents ($0.75); Brickell Avenue, a dollar ($1.00);
Coral Way, 75 cents ($0.75). I mean...
Mr. Cook: As you just think about what you just said, you understand the economic reality that we
look at.
Commissioner Sanchez: Well, absolutely.
Mr. Cook: You see our pattern...
Commissioner Sanchez: Well, I looked -- I know the way you look at it, where there's more people,
that's where you are going to make the money.
Mr. Cook: Well, no. And I don't look at it that way. I also look at it-- my board looks at it the other
way, too, in a case where the economics and the ability to pay. You know, you shouldn't have the
rates in one area, like Southwest a Street, like you say, a dollar and a quarter ($1.25). You should
have it at what we had set it at.
Commissioner Sanchez: And what is it --? No, Coral — no. My area now is seventy-five cents
($0.75)...
Mr. Cook: Yeah.
135 November 16, 1999
0 'y 15�y
Commissioner Sanchez: ... not a dollar and a quarter ($1.25).
Mr. Cook: I know -- I say — that's what I say,
Commissioner Sanchez: What would it go up to?
Mr. Cook: Your area shouldn't be a dollar and a quarter ($1.25). It should be seventy-five cents
($0.75), yes. That's the point I'm making. That's what that rate increase— that's what the rate...
Commissioner Sanchez: Is it seventy-five cents ($0.75) an hour or how much is it going up?
Mr. Cook: It varies, seventy-five, and it has some dollar areas in it.
Commissioner Sanchez: OK.
Mr. Cook: We look at that very carefully,
Commissioner Sanchez: OK.
Mr. Cook: I can assure you.
Commissioner Sanchez: Thank you for the clarification.
Mr. Cook: My pleasure.
Vice Chairman Gort: Yes, sir.
Mr. Manuel Gonzalez-Goenaga: Well, based on what I've been hearing on and on and on and on,
let's do it one way. This is a suggestion, because you guys are never satisfied to maintain this
bureaucracy. I suggest -- because let me tell you. The downtown Commissioners of Lade County
are very happy because you increase the taxes, because I don't go there anymore. You might as well
raise the taxes and charge parking here in this area so we don't attend, the citizens don't attend.
Commissioner Sanchez: Boom -Boom, you get free parking here.
Mr. Manuel Gonzalez-Goenaga: Huh?
Commissioner Sanchez: You get free parking here.
Mr. Gonzalez-Goenaga: Well — but if you want to get rid of me...
Commissioner Sanchez: Nobody wants to get rid of you.
Mr. Gonzalez-Goenaga: Well, sometimes, some ex -Commissioners did want to get rid of me. But,
anyway — but I'm just making a suggestion. Put someone and charge some here and, then, if people
don't pay, if you are -- if we're delayed because of you, because -- then you put -- you bring the
police and then you put the tickets and you getting directly, then we have to go to court, and then —
more, more money. More money the easiest way. And let me tell you, if you want --you know that
downtown is a ghost town. Put more taxes, put more fees, so it would become more of a ghost.
136 November 16, 1999
L01
Vice Chairman Gort: Thank you, sir. Mary Hill, you want to speak on this, too?
Ms. Mary Hill: Yes, I do.
Vice Chairman Gort: Yes, ma'am.
Ms. Hill: Anything concerning, I'd like to speak on. This monies that I'm hearing being collected in
matching funds and funds that's collected from property owners, I would like to have a question
answered. What authority and what policies that allow you all to collect monies to subsidize to the
federal money from Washington, DC, which I am founder of the revenue sharing? And that
language came from me. And I would like to get an answer here. Mr. Attorney or Mr. Manager,
maybe you could -- if it's appropriate, a Commissioner, someone to answer that.
Vice Chairman Gort: There is no revenue sharing in here. This is my understanding. It says, the
parking increase that we are doing on the meters on the street.
Ms. Hill: I understand that.
Vice Chairman Gort: That's it. OK.
Ms. Hill: I understand that, but I also am — I heard what I heard when — at the beginning before that.
It says that they collect this monies, and some of these programs being financed from that money
that's turned back in to help these programs and help implement differentthings here. I heard that,
and that is a revenue sharing terminology came from me and outlined from the White House. And
this is another thing. We're not adhering to statutory laws and my duties, regional office, 42 USC,
2979-A Section 33.638(a) small parenthesis. Direct -- utilize community service administration
offered for the purpose of, number one, carrying out the national responsibilities and directives
delegated to them, processing and finalizing grants and contracts under this act. This is nrt being
done and that — and many more there. And it is to — the state of the purpose is to carry out specifics
under Title I, Title IX, and also what I hear you all doing here. In order to carry this out, the director
- I have not approved any of this; I have not authorized this.
Vice Chairman Gort: Thank you, ma'am.
Ms. Hill: And I'm asking today...
Vice Chairman Gort: Thank you.
Ms. Hill: ... to take this under consideration...
Vice Chairman Gort: Thank you, ma'am.
Ms. Hill: ... and straighten it up and pass over...
Vice Chairman Gort: Thank you, ma'am. It will roll.
Ms. Hill: ... to the poor people because you're taking it out the hand of the poor people, not us.
Vice Chairman Gort: Thank you, ma'am. Thank you. Call the roll. Read the ordinance first. Call
the roll.
137 November 16, 1999
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING SECTION 35-91, 35-92, AND 35-93 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING
RATES AT CERTAIN ON -STREET LOTS; CHANGING THE RATES
AT MUNICIPAL PARKING GARAGES; PROVIDING FOR SAID
RATE CHANGES TO BECOME EFFECTIVE FEBRUARY 1, 2000,
RATIFYING AND CONFIRMING ALL ACTS OF THE OFF-STREET
PARKING BOARD TO DEVELOP EXPERIMENTAL RATES
STRUCTURES AND TO INITIATE RATES FOR NEW FACILITIES
DURING THE FISCAL YEAR; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was
passed on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: Commissioner Joe Sanchez
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Vice Chairman Gort: Twenty-four.
Commissioner Sanchez: So moved.
Vice Chairman Gort: Amend ordinance and...
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and second. It's an ordinance. Read it. Roll call.
138 November 16, 1999
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 8, 1981, THEREBY
PROVIDING FOR AN INCREASE IN THE AMOUNT OF $3,000,000,
AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID
FUND FROM SUCCESSFUL FORFEITURE ACTIONS;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Commissioner Teele, and was
passed on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Vice Chairman Gort: The ordinance — 25, ordinance amending Section 29-112, Article IV, of the
City of Miami Code, as amended, entitled "Waterfront Advisory Board."
Commissioner Sanchez: So moved.
Commissioner Regalado: Second,
Vice Chairman Gort: It's been moved. Is there a second? Read the ordinance.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Yes.
139 November 16, 1999
Commissioner Regalado: Before we go on, I think that this is a very important ordinance. Not only
that, I am concerned because the board have not met, all the boards, for months. We have a
community Relations board that has not met for several months. And I'm a little concerned because
— I mean, we create boards and, then, they don't meet and the people are really eager to serve, but, at
the same time, frustrated. I believe that the fact that it was an idea of this board to bring this to the
Commission is important because I believe the Commission should take more seriously the boards of
the City of Miami and give them all the support that they need. I have enjoyed watching on Channel
9 the Waterfront Board because those are very intelligent discussions every time, but I think that
sometimes they lack information, they do not have all the facts, and they should make a decision
because, after all, they're here to recommend to the City Commission and to the administration what
needs to be done with the waterfront, and I would ask the members of the board and the
administration to be on guard. If there is -- if you read the paper that there is a project regarding the
waterfront of the City of Miami and you have not been informed, I think that you should come to the
Commission and -- because sometimes we also learn through the paper that there is a project on the
waterfront. So, I commend you guys for the work that you're doing.
Vice Chairman Gort: Read the ordinance. Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 29/ARTICLE 1V/SECTION 29-122 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "LANDFILLS AND WATERFRONT
IMPROVEMENTS/WATERFRONT ADVISORY BOARD/SCOPE",
TO REQUIRE THAT THE WATERFRONT ADVISORY BOARD BE
INFORMED OF ANY DEVELOPMENT AND/OR DISPOSITION OF
WATERFRONT PROPERTY AT THE CONCEPTUAL PLANNING
STAGE FOR SUCH DEVELOPMENT AND/OR DISPOSITION;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and
was passed on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
The 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.
Mr. John Brennan: Gentlemen, thank you very much.
Vice Chairman Gort: You're welcomed.
140 November 16, 1999
Mr. Brennan: We'll try to live up to your standards.
Vice Chairman Gort: Great presentation.
Vice Chairman Gort: Twenty-seven. Lease between the City of Miami 8235. For those who were
not here before, this was in front of us about three months ago and there was some individuals from
the neighborhoods that wanted to have it go out for an RFP (Request for Proposal). My
understanding is, we asked staff to take it out for an RFP and to come back to us.
Ms. Laura Billberry (Director, Asset Management): We did advertise it with an informal process,
where did we advertise the...
Vice Chairman Gort: You are?
Ms. Laura Billberry: Laura Billberry, Director of Asset Management. We advertised and mailed
letters of solicitation for parties interested in leasing the space to the City for office, classroom and
workshop space for Workforce Development. Four parties responded that they were interested, but
only three actually submitted proposals. Workforce Development, Asset Management reviewed the
proposals; we evaluated items, such as the rent per square foot, the location, parking, among other
things, the layout of the space, and determined that the proposal by 8325 was in the best interest of
the City. Highlights of the agreement is that it's a lease for seven years, at a rate of thirteen dollars
($13) a square foot, and that it's on a gross basis, meaning, everything is included, exclusive of the
janitorial that...
Commissioner Teele: What's the gross payment over the seven-year period of time?
Ms. Billberry: It's 364,247 a year. I'm sorry. I didn't multiply that out by seven.
Commissioner Winton: Three sixty-four what?
Ms. Billberry: Three sixty-four/247 a year.
Commissioner Winton: Seven years?
Ms. Billberry: Yes.
Commissioner Winton: Two million five hundred and forty-nine thousand seven hundred and
twenty-nine dollars ($2,549,729).
Commissioner Teele: Whats the appraised value of the building?
Ms. Billberry: The current -- I don't have the appraised value.
Commissioner Teele: What's the assessed value of the building?
141 November 16, 1999
9
0.
Ms. Billberry: The assessed value is currently two hundred and sevent)-five thousand. They are
proposing...
Commissioner Teele: l move the item be deferred to -- I'd like to look at this. I'd like for the other
Commissioner to look at it-- until the next Commission meeting, regular Commission meeting.
Vice Chairman Gort: Moved to defer. Is there a second?
Commissioner Regalado: I'll second.
Vice Chairman Gort: Second. Discussion?
Mr. Alejandro Vilarello (City Attorney): To December 14?
Vice Chairman Gort: Being none, all in favor state by saying "aye."
Commissioner Teele: Mr. Chairman, I want to be very clear. This building -- the payments for this
building would be two million dollars ($2,000,000). Did you say two million?
Commissioner Winton: Two -five.
Commissioner Teele: Two -five. And the current value of the building is what?
Ms. Billbeny: Two hundred and seventy-five, and they are investing an additional eight hundred
thousand in the property.
Commissioner Teele: Call the question.
Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying "aye" for
deferral.
Commissioner Sanchez: One against.
Vice Chairman Gort: Comeback on the 14`�.
Commissioner Teele: You're against the deferral?
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-867
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 27
(PROPOSED AGREEMENT WITH 8325 N.E. 2 AVENUE
CORPORATION FOR LEASE OF
OFFICE/CLASSROOM/WORKSHOP SPACE AT 8325 N.E. 2
AVENUE) TO THE MEETING PRESENTLY SCHEDULED FOR
DECEMBER 14, 1999.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
142 November 16, 1999
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: Commissioner Joe Sanchez
ABSENT: None.
Vice Chairman Gort: Twenty-eight.
Ms. Laura Billberry (Director, Asset Management): Item 28 is a ratification of granting of easement
to FP&L (Florida Power & Light), and this is to so -vice the Winn Dixie property.
Vice Chairman Gort: Do I have a motion. It's a resolution.
Commissioner Teele: So moved, Mr. Chairman.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Discussion.
Vice Chairman Gort: Discussion.
Commissioner Teele: Do we have a report on the status of the job training and these other matters
related to the Winn Dixie?
Mr. Donald Warshaw (City Manager): I have been in contact with the attorneys representing Winn
Dixie, and I'm satisfied that they're going to live up to and are committed to the first source hiring as
is set out in their initial contract when they...
Commissioner Teele: But not in the subsequent agreement that we propose&
Mr. Warshaw: Correct.
Commissioner Teele: So, they rejected the subsequent agreement?
Mr. Warshaw: That's correct.
Commissioner Teele: What is the opening date of the store?
143 November 16, 1999
X-1
Could I hear from staff?
0
Ms. Joni Harris: Joni Harris, Assistant Director, Community Development. When we spoke with
Winn Dixie previously, their anticipated opening date was the second, the third week of November.
So, we're there.
Commissioner Teele: Well, I'm trying to understand, how are you all implementing a First Source
Hiring Agreement if they anticipated opening it already? Have we identified people? I mean, what's
the plan? Can I...
Ms. Harris: The whole point of the First Source Hiring Agreement is, in that document that we
forwarded to Winn Dixie was a request for their staffing plan. We have sat down with them and
talked about processes and procedures. However, that information has not been provided.
Vice Chairman Gott: Follow-up question. My understanding, in our WAGES (Work and Gains
Economic Self -Sufficiency Coalition) Program, we are training quite a few individuals-- persons to
be hired. Are we sending a list of individuals that could work for them?
Ms. Harris: Certainly, we will send people from our WAGES Program, as well as our WIA
(Workforce Investment Act) Program, and other persons. We had even discussed having ads placed
in the newspaper with the City of Miami as the reporting mechanism to be referred --to refer clients
to them. However, none of that has been finalized.
Vice Chairman Gort: Do we have a follov-up if any of our clients have been hired by Winn Dixie?
Ms. Harris: None of our clients have been hired at this point, no,
Vice Chairman Gort: None has been hired as of today?
Ms. Harris: No.
Vice Chairman Gort: OK.
Mr. Warshaw: And, Commissioner, just as a follow-up.
Vice Chairman Gort: Yes.
Mr. Warshaw: Nothing really has changed since the last discussion we had on this, except that Winn
Dixie is not wanting to sign. The First Source Hiring Agreement was replaced by discussion I had
with their attorney, that they would live up to the spirit of what was in the original contract, on the
sale of the property, and that they would, as a corporation -- and they do have a policy that lends
favorably to what we want done, and they gave me assurances, in writing, that they would do that.
Commissioner Sanchez: And was the first hiring source in that contract?
Mr. Warshaw: It wasn't a First Source Hiring Agreement as had been discussed at the last
Commission meeting. That was the one they really refused to sign. They gave me something in lieu
of that, which was, you know, a corporate statement of policy that they are a good, corporate citizen;
that they have a good track record, not only in Florida, but everywhere they've been, and that they
would do the things that they are supposed to do and would -- basically, do right by us.
144 November 16, 1999
Vice Chairman Gort: Do we have any reports on how many people they have hired and domiciles?
Ms. Harris: The hiring hasn't begun yet.
Mr. Warshaw: I don't think they've hired anybody.
Vice Chairman Gort: Hiring hasn't begun yet?
Ms. Harris: No, it hasn't.
Vice Chairman Gort: OK. Are they interviewing people or are they in the process of interviewing
people now?
Ms. Harris: If they are, we don't know about it.
Commissioner Teele: Mr. Chairman, the attorney is here, obviously. But, again, my frustration is
clearly. This is an empowerment zone area. They made a commitment. You know, this was a very
difficult vote. Two members of the Commission wanted to not give this to Winn Dixie and give it to
the County. The Mayor made a personal appeal. Mayor Pinellas made a personal appeal not to give
this building to Winn Dixie, but to allow it to be used as a -- what was it, a detention — Women's
Detention Center?
Mr. Warshaw: Yes
Commissioner Teele: Huh?
Mr. Warshaw: It was a jail.
Commissioner Teele: And there was strong staff support. Now, you know, we went ahead-- the
Commission went along with me, as the district Commissioner and, basically, rejecting Mayor
Penellas' request, rejected staffs recommendation on this. It wasn't a strong recommendation. And
we did it under the understanding that Winn Dixie would be a good, corporate citizen; they would
hire from within the area. The area has 50 percent unemployment, and if we're talking about opening
with anytime, within the next two or three weeks or next month-- I mean, if we're not in this process,
I mean, literally, having identified people and training people, we're way behind the power curb.
And I would really welcome input that you have.
Mr. Santiago Echemendia: Mr. Teele, Santiago Echemendia, 201 South Biscayne Boulevard, on
behalf of Winn Dixie. My understanding is that we haven't secured the Certificate of occupancy and
we don't commence our hiring process until we get our CO (Certificate of Occupancy) and CU
(Certificate of Use). To the extent that we haven't gotten it, it is my understanding, we're goingto
get it in about a week or two. At the point, we will start engaging First Source in connection with the
hiring program.
Vice Chairman Gort: Let me give you a suggestion. I think, somehow— and I understand the
attorneys have a job to do. I like to deal directly with the management, if possible, and I think I
know some of the senior vice presidents within — and I'll give them a call. But I think you, Mr.
Manager, you should be getting together with their managements — their managers and not the
attorneys. The attorneys sometimes like to complicate things. You get together with the
management and let's see if we can get something done, please.
145 November 16, 1999
Commissioner Sanchez: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Sanchez: If I may just throw in my two cents. Winn Dixie is a corporate citizen, a
good corporate citizen. I mean, we've done just about everything. And we constantly fight to bring
in big companies to do business in the City, and we lure them down here and we treat them well attl
we just about try to sell them Miami to the best capacity, as possible. But when we start
implementing things and we start— and I don't want to use the word as pressure or strong arming
people to do things. You know, it gets us in a position where these companies may not want to come
back to Miami and do business with us, so that's a concern that we have. Now, I do agree that we
must employ our people and wherever that business may be located, and I think it's within our means
to find employment for our people, through companies such as Winn Dixie and other big companies
that are coming in here— when I say companies, I mean, referring to McDonald's and Burger King,
because I'd rather bring in a business that's going to provide employment for five peq)le than none
or bring in a company that's going to provide employment for 150 people. So, when these
companies come in, you know, I think that we need to work with them. And this is-- how many
times has this been in front of this Commission, already?
Commissioner Teele: Hold it. Hold it. Hold it. The item that we're-- before this agenda is not this.
It's, we're giving them an easement that we don't have to give them. In fact, you know, staff even
recommended not doing it at one point, and we said we want to be good citizens. They're getting a
free -- the agenda item is not giving them a hard time. The agenda item is just determining where
they are. We're giving them something that they should be paying for. We're giving them a free
easement, and that's what they're here on today, is the easement for the Florida Power & Light.
Commissioner Sanchez: But he's talking about Occupational License. Are you having a problem
getting your Occupational license?
Commissioner Teele: But I don'tthink we ought to get into that.
Mr. Echemendia: We don't start...
Commissioner Teele: If they don't meet the test, they ought to have— whether it be Winn Dixie or
Joe and Moe, they ought to have a tough standard to get an Occupational License. There should not
be...
Commissioner Sanchez: Art, and I agree with you. I agree with you to a point, but where it gets that
we — to have business that come down here and then we start putting obstacles in their way, it leaves
m
a sour taste for these corporate citizens that may not want to come back and do business in Miai
because they're going to go back and when they sit down in their— in a nice restaurant with other
people that are involved in businesses, they're going to say, "you know what? It's nightmare to do
business in the City of Miami."
Commissioner Teele: Well, well...
Vice Chairman Gort: Commissioner Sanchez, I'd like tell you, because I know they are good citizens
and I know the people well, and I know they are willing to do the right things. That's why I asked the
Manager to get together with the management, and not that I have anything against the attorneys, but
attorneys have a job to do and there's something different. I think management should get together
with the management. And I have seen Winn Dixie has hired people within the neighborhoods
146 November 16, 1999
because they understand that's good business policy, good people are going to shop where they are
treated right and when they are treated friendly, and nobody's going to do it better than tic people
that live in the neighborhood.
Commissioner Teele: Yeah. But I want to clear the air. There has been no discussion...
Vice Chairman Gort: No, sure.
Commissioner Teele: The reference to Occupational License was brought up by him. There is no
pressure on anybody not to give somebody an Occupat -- to the contrary. We have bent over
backwards. In the last meeting, he even thought he wasn't going to get what he asked for and we
went ahead and gave it to you. So, I mean -- we, obviously, are all in the shadows of the Miami
Airport. We don't -- none of us want that kind of issue to flow over here. No one is going to get,
you know, hijacked or pressured. But what we are trying to say is that everybody should make a
commitment. The area they are locating is in the empowerment zone. We're federally— we are
obliged under our agreement with the federal government to encourage businesses to locate there and
to hire from within there. The unemployment rate in the area is 50 percent as compared to the
unemployment rate all over Dade County, being more like five and a half percent. And I'm going to
continue to urge Winn Dixie and anybody else that comes in there, especially, people using City land
-- acquiring City land, to do the right thing and Winn Dixie has all ready done the right thing. I don't
know how many people they are going to hire.
Vice Chairman Gort: Do I have a motion?
Commissioner Teele: On the easement.
Vice Chairman Gort: On the easement, yes.
Commissioner Teele: But the issue is the easement.
Vice Chairman Gort: Yes.
Commissioner Teele: I have no idea how many people. They normally hire, what two hundred
people for a store?
Mr. Echemendia: I believe we discussed about two hundred, if I'm not mistaken.
Ms. Harris: Between two and two fifty is what they're anticipating.
Commissioner Teele: Big numbers, you know.
Vice Chairman Gort: Do I have a motion?
Mr. Echemendia: And Ave intend to abide by the First Source Hiring Agreement and we will, assoon
as we get our CO.
Vice Chairman Gort: Excuse me. Are we being now— go ahead. Do I have a motion?
Commissioner Teele: On the question, we have a motion and second. I moved it.
Vice Chairman Gort: OK.
147 November 16, 1999
Commissioner Sanchez: Second.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
Vice Chairman Gort: Thank ,you.
Mr. Echemendia: Thank you.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-868
A RESOLUTION, WITH ATTACHMENTS, OF THE MIAMI CITY
COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S ACTION IN EXECUTING A GRANT OF EASEMENT TO
FLORIDA POWER AND LIGHT COMPANY AT THE CITY -OWNED
PROPERTY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND
MADE A PART HEREOF, OF A TEN FOOT WIDE PERPETUAL, NON-
EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE
CONSTRUCTION, OPERATION AND MAINTENANCE OF OVERHEAD
AND UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE
RIGHT TO RECONSTRUCT, IMPROVE, CHANGE THE VOLTAGE, AND
REMOVE SUCH FACILITIES OR ANY OF THEM WITHIN THE
EASEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regaiado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
148 November 16, 1999
vice Chairman Gort: Twenty-nine.
CommissionerTeele: Somoved.
Vice Chairman Gort: Purchase of police vehicles. Emergency ordinance. Emergency equipment.
Thereis a motion. is therea second? Is therea second? Twenty-nine.
Commissioner Sanchez: Additional vehicles?
Vice Chairman Gort: Right.
Commissioner Sanchez: How much?
Vice Chairman Gort: For emergency equipment.
Commissioner Sanchez: For what type of emergency equipment?
Mr. Dean De Jong: Dean De Jong, Acting Director, GSA (General Services Administration). This
is for the sirens, the lights, the striping, the plastic back seats, the transfer petitions, as they're called
now. Those kinds of things.
Commissioner Sanchez: So, accessories.
Mr. De Jong: Basically, yeah. To make cars street ready— patrol street ready
Commissioner Sanchez: What police lights do you have now? What sirens— is this contract that you have is with federal? Code 3, Federal? federal the
Mr. De Jong: The last one is federal. This one, Commissioner, is part of an existing Miami Beach
bid. I'm not sure of the specific make.
Commissioner Sanchez: What do you mean, an existing Miami Beach bid?
Vice Chairman Gort: It's a bid that was put up on Miami Beach.
Ms. Judy Carter (Director, Purchasing): Yes, we're piggybacking...
Mr. De Jong: We're piggybacking...
Commissioner Sanchez: You're piggybacking from Miami Beach?
Ms. Carter: Yes, absolutely.
Mr. De Jong: ... on a Miami Beach bid.
149 November 16, 1999
GA p
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second. Is there any further discussion? Being none, all
in favor state by saying "aye."
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-869
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF LAW ENFORCEMENT SUPPLY CO.,
INC., FOR THE PROVISION OF POLICE VEHICLE EMERGENCY
EQUIPMENT ON AN AS NEEDED BASIS, FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, AT
AN ANNUAL AMOUNT NOT TO EXCEED $389,229, UTILIZING
EXISTING CITY OF MIAMI BEACH BID NO. 77-98/99, WITH THE
OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR
PERIODS, SUBJECT TO FURTHER EXTENSIONS BY THE CITY
OF MIAMI BEACH AND AVAILABILITY OF FUNDS;
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROGRAM PROJECT 3311850.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: All right. Thank you.
Commissioner Teele: I commend you for piggybacking, if it's the best price available.
Ms. Carter: Yes, sir.
Commissioner Teele: No pride in saving money.
ISO November 16, 1999
Ell
Vice Chairman Gort: Emergency measures, Section 8 residents.
Commissioner Teele: So moved, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Commissioner Winton: Second.
0
Vice Chairman Gort: Second. Any discussion? Being none, all in favor state by saying "aye."
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-870
A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING
THE CITY MANAGER'S EMERGENCY MEASURES TAKEN
UNDER MOTION 99-431, RECOGNIZING THE CITY MANAGER'S
INHERENT POWERS ON THE GROUNDS OF URGENT PUBLIC
NEED FOR THE PRESERVATION OF PEACE, HEALTH, SAFETY
AND WELFARE BY DIRECTING THE DEPARTMENT OF
COMMUNITY DEVELOPMENT TO PROVIDE AN IMMEDIATE
PRESENCE OF CITY SERVICES AND PERSONNEL ON -SITE AT
THE SECTION 8 HOUSING UNITS LOCATED IN THE MODEL
CITY AREA BETWEEN NORTHWEST 12TH AND NORTHWEST
15TH AVENUES ON NORTHWEST 59'H, 60TH, AND 62ND STREETS;
ALLOCATING $69,594, OF SECTION 8 GRANT FUNDS FOR
EXPENDITURES AND TO RATIFY CONTRACTS FOR PLUMBING
SERVICES ($2,000); PEST EXTERMINATION SERVICES ($2,040),
INSPECTION SERVICES ($5,607); TEMPORARY LEASE OF A
MOBILE VEHICLE FACILITY ($5,067); AND THE PURCHASE
AND RENOVATION OF A PERMANENT MOBILE VEHICLE
FACILITY ($54,880); ALL MEASURES TAKEN TO ASSIST
RESIDENTS OF THE SECTION 8 HOUSING PROGRAM.
151 November 16, 1999
n
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
Vice Chairman Gort: Computer Training.
Commissioner Teele: So moved.
Vice Chairman Gort: Thirty-one.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: Is there a motion?
Commissioner Winton: Second.
Vice Chairman Gort: Second.
Commissioner Teele: Question, Mr. Chairman.
Vice Chairman Gort: Question.
Commissioner Teele: Who's responsible for this item, Capital Longueira?
Vice Chairman Gort: Police.
Commissioner Teele: Captain Longueira?
Vice Chairman Gort: Colonel? Major? Put you down from Colonel to Major now.
Major Joseph Longueira: Excuse me, Cornmissioners.
152 November 16, 1999
Commissioner Teele: Do you have this item?
Vice Chairman Gort: Thirty-one, computer training.
Major Joseph Longueira: Yes, sir.
Commissioner Teele: Would you make that training marginally available to policymakers, 3aff that
may need training?
Major Ungueira: OK. We might have to increase the dollar amount...
Commissioner Teele: Ah, come on.
Major Longueira: ... because the dollar amount is set to the number of people.
Commissioner Teele: Who are we talking about, two hundred dollars ($200) a person, three hundred
dollars ($300) a person?
Major Longueira: OK. We'll work out something, Commissioner.
Commissioner Teele: Want to make you feel like you're giving you something, see?
Major Longueira: We'll work it out.
Commissioner Teele: All right.
Vice Chairman Gort: OK.
Commissioner Teele: I think it's a three-day training, though.
Major Longueira: Yes. We're looking at giving our people basic three-day training, minimum.
Commissioner Sanchez: Just remember, information is priceless.
Commissioner Teele: Well, I would just hope that the personnel office-- see, again, we need to
make sure -- I realize that we're using Law Enforcement Trust Fund or we're using other funds, but
it's really important that everybody in the City or every employee in the City have similar training,
wherever — and I'm not holding you responsible. I'm just basically saying to the Manager, I
commend you all for moving forward, but I note: this is limited to the Police Department. Five
hundred and some employees, it's great. And I just hope that the rest of the City departments will
have the same opportunity at the appropriate time.
Mr. Donald Warshaw (City Manager): And all members of your staff and all training is available —
citywide, is available to every member of all of your staffs.
Commissioner Winton: But that isn't this.
Mr. Warshaw: No, that's not this. But there is additional computer training Citywide that's provided
to all City employees.
153 November 16, 1999
Commissioner Teele: But this looks like a great module, because this is a threeday comprehensive
training and they're going to test you before and test you when you come out. It's the right way to do
it.
Major Longueira: And what we're doing is, we're training the people for three days. When they
come back to work, the new computers are going to be sitting on their desks.
Commissioner Teele: Congratulations. I think it's a great step forward.
Vice Chairman Gort: Good. OK. I have a motion and second.
Commissioner Teele: So moved, Mr. Chairman. Second.
Commissioner Sanchez: Second.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-871
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE ACQUISITION OF COMPUTER SOFTWARE TRAINING AND
TECHNICAL SUPPORT FROM EXECUTRAIN AND OTHER VENDORS,
UTILIZING STATE OF FLORIDA CONTRACT NO. 973-890-98-1, FOR THE
DEPARTMENT OF POLICE AT A TOTAL AMOUNT NOT TO EXCEED
$450,000; ALLOCATING FUNDS THEREFOR FROM LAW
ENFORCEMENT TRUST FUND PROJECT NOS. 690001, 690002, AND
690003, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE
CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF
THE TREASURY'S "GUIDE TO EQUITABLE SHARING," AND FLORIDA
STATE STATUTES, CHAPTER 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
154 November 16, 1999
""' 11jjR3`twO- Kesolution authorizing the establishment of Internet Service with
the State of Florida at a cost of...
Commissioner Teele: So moved, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Discussion? Being none, all in favor state by saying "aye.,,
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner'Teele, who moved its adoption:
.RESOLUTION NO.99-872
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
COMMUNICATION SERVICE AUTHORIZATION AGREEMENT UNDER
STATE OF FLORIDA CONTRACT NO. DMS 97/98-015, FOR THE
PROCUREMENT OF INTERNET SERVICES THROUGH BELLSOUTH,
FOR A ONE YEAR PERIOD AT A COST NOT TO EXCEED $18,029, WITH
THE OPTION TO EXTEND FOR THREE ADDITIONAL ONE-YEAR
PERIODS, THROUGH APRIL 13, 2003, AT AN ANNUAL AMOUNT NOT
TO EXCEED $16,164.00, FOR THE DEPARTMENT OF POLICE -
ALLOCATING
FUNDS THEREFOR FROM THE DEMONSTRATION
CENTER GRANT, ACCOUNT CODE NO. 142021.290496.6.510 FOR THE
FIRST YEAR AND THE ENSUING THREE YEARS FUNDS WILL BE
ALLOCATED FROM THE POLICE GENERAL OPERATING. BUDGET,
ACCOUNT CODE NO. 00 1000.290201.6.5 10.
155 November 16, 1999
77
(Itere follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thirty-three.
Commissioner Sanchez: Move.
Vice Chairman Gort: Resolution of steel picket fence, Simpson Park.
Commissioner Sanchez: So moved.
Commissioner Winton: Second.
' i e.�Chairman Gort: It's been moved, second. Discussion? Being none, all in favor state by saying
The Commission (Collectively): "Aye."
156 November 16, 1999
0
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-873
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING THE
BID AWARD APPROVED PURSUANT TO RESOLUTION NO. 99-292, TO
BELL & SON FENCE COMPANY, WHO HAS DECLINED TO PROVIDE
AND INSTALL STEEL PICKET FENCING AT SIMPSON PARK FOR THE
DEPARTMENT OF PARKS AND RECREATION; FURTHER
AUTHORIZING THE AWARD OF THE BID TO FENCE MASTERS, INC., IN
AN AMOUNT NOT TO EXCEED $93,306; ALLOCATING FUNDS
THEREFOR FROM SAFE NEIGHBORHOOD PARKS BOND FUNDS, FOR
CAPITAL IMPROVEMENT PROJECT NO.331346, AS APPROPRIATED BY
THE CITY'S ANNUAL APPROPRIATIONS AND CAPITAL
IMPROVEMENT PROJECTS ORDINANCE NOS. 11705, AS AMENDED,
AND 11839.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thirty-four. Authorizing Microsoft Enterprise Select Agreement with
Ware -force, Inc. My understanding is, we're going to be saving some money on this transition.
Commissioner Sanchez: What's the savings on that?
Ms. Neyda Galvez: Three hundred thousand dollars ($300,000). Excuse me. Three hundred and
thousand dollars ($330,000) over three years.
Commissioner Sanchez: Over a three-year period.
157 November 16, 1999
0
Ms. Galvez: Yes.
Commissioner Sanchez: So moved.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Discussion? Being none, all...
Commissioner Teele: Discussion, Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: Now, the Procurement office is directly involved in this as well, the
Purchasing Office is?
Ms. Galvez: Yes.
Commissioner Teele: OK. And, so, this same software package will be available citywide...
Ms. Judy Carter (Director, Purchasing): Oh, absolutely. Absolutely.
Ms. Galvez: Certainly. Yes. This would cover all the computers.
Ms. Carter: Instead of having individual license, we now have a master license.
Ms. Galvez: Right.
Commissioner Teele: And you're with Technology, right?
Ms. Galvez: Yes, sir. Neyda Galvez, Assistant Director of Information Technology.
Commissioner Teele: Congratulations. Everybody's working together. Thank you.
Ms. Galvez: Thank you.
Vice Chairman Gort: OK. Any other questions? Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
158 November 16, 1999
N,
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-874
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO EXECUTE A MICROSOFT ENTERPRISE
SELECT AGREEMENT WITH WAREFORCE, INC., FOR LICENSING
PRODUCTS FO A TERM OF THREE YEARS, UTILIZING EXISTING
STATE OF FLORIDA CONTRACT NO. 252-001-97-1, AT AN ESTIMATED
FIRST YEAR TOTAL COST NOT TO EXCEED $330,000; WITH THE
REMAINING YEARS SUBJECT TO COST ADJUSTMENTS BASED UPON
THE ADDITION OF NEW DESKTOP COMPUTERS; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NOS
311608.469401.6.850 AND 311044.469401.6.840, EXISTING GRANTS,
INCLUDING THE COPS MORE 98 GRANT, AND THE OPERATING
BUDGETS OF VARIOUS USER DEPARTMENTS AT TIME OF NEED,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Vice Chairman Gort: Thirt)4six, Proposed Five -Year Plan.
Mr. Donald Warshaw (City Manager): Before I ask Ms. Henry and Mr. Brennan to talk on this
issue, we have a requirement for the Oversight Board to present a Five -Year Plan. That requirement
had necessitate we present that plan. Some time in the past, we've gotten some increases in the
timeframe and we're going to be presenting that to the Oversight Board some time next week. I think
what the most important thing for you to look at here is that the plan is balanced through the years
2002 -- that's next year 2001/2002 -- and we have dramatically reduced the deficits in the two out -
years of 2003 and 2004. It contemplates surcharge revenue; it contemplates Save Our Seniors,
which I know is something very important to the Commission. I'm going to ask Ms. Henry to go
through the highlights of the plan. You should have a book. You've just been handed out kind of
executive summary that gives you the highlights of what's in the threaring binder that you have, and
they'll be glad to answer any questions.
159 November 16, 1999
Vice Chairman Gort: I have one question. When was the original contract with the Oversight
Board, what year?
Mr. Warshaw: The original contract...
Vice Chairman Gort: Was it December 1996?
Mr. Warshaw: ... with the Oversight Board was back in'96.
Vice Chairman Gort: Nineteen ninety-six. My understanding, that contract stated that we have to be
-- have a balanced budget for five years, am I correct?
Mr. Alejandro Vilarello (City Attorney): I think it provides that they stay as long --until three years
after two consecutive balanced budgets...
Vice Chairman Gort: Five years of balanced budget. Well, there's two and then three is five.
Mr. Vilarello: OK.
Mr. Warshaw: OK.
Vice Chairman Gort: We've had a balanced budget for how many years now, three?
Mr. Warshaw: Correct.
Vice Chairman Gort: OK. Thank you.
Ms. Bertha Henry: Bertha Henry, Assistant City Manager, Finance and Administration.
Commissioners, you have received a document that the Manager referred to. Today, in the essence
of time, I just wanted to highlight a few itms that are important in the plan and these issues,
obviously, will be discussed pretty heavily at the Financial Oversight Board meeting on next
Tuesday, at 1 o'clock. If you go to the first page -- this is a summary that's included in your
document and, as you will notice, if you look at the very bottom, you'll see a bunch of zeros all along
the line at the bottom. Those zeros represent, as the Manager indicated, a balanced budget. We are
required to submit a balanced budget. But it's also important hat you know that within that — this
document, we have made some commitments that we have to fulfill, and it's sort of— if I can take
you to the next page. If you look at the bottom and you see -- at the very bottom, where it says
"General Fund Total" and it has a line of surpluses through FY 2002, and you'll notice that there are
some deficits in FY 2003 and 2004. What the administration has committed to do is that, between
now and, obviously, that period of time we will find additional revenue and/or find operating
efficiencies to balance that budget.
Mr. Warshaw: I want to point out, again, that those deficits and those two years, 2003/2004, were,
you know, multiples higher than that. Particularly, in 2004, at one point, our deficit was almost
twelve or thirteen million dollars (13,000,000). So, the staff has worked to bring those numbers
down. You also see that, in 2000/2001, 2002, we're looking at some, you know, relatively good
surpluses being built into those budgets, which also were numbers that we worked hard on to bring
the budget in excess of being just balanced.
Ms. Henry: OK. The next slide is just to focus a little bit on the general fund. As you notice, the
previous two sheets give you a picture of the total City budget but, obviously, the attention for the
160 November 16, 1999
Oversight Board and, as well as the City Commission, is the general fund since that's where,
obviously, we had the most liability and discretion. In your special revenue funds, for the most part,
they are grants and when those grants, typically, go away, the expenses go away at the and time, and
with debt service, those are requirements that we make. We fund those through either ad valorem,
which is, at this point, one point four mills and/or various revenue sources, like utiity service taxes
and the like that support that. But one of the reasons that we focus on the general fund is because,
typically, our revenues for the general fund do not grow at the same pace as our expenditures, and as
you can see, starting in 2001, you can begin to see the impact of that. It does not create a problem for
us, though in terms of having to find additional monies just so that we are, technically, balanced until
2003 and 2004. And to give you just a snapshot within that general fund, you can see that seventy-
three percent of the general fund expenses relate to salaries and fringe benefits. They are personnel -
related expenses. Other expenses are there, as you can see. But we contribute -- of that three
hundred and seven point million dollars ($3,700,000), we contribute five percent to our various
respective reserves, so they are technically not spent, but they are there for the specific purposes that
we'll talk about in just a few minutes. One of the key issues that will be discussed at he Financial
Oversight Board next Tuesday are the proposed increases, where appropriate, to balance out the
budget. Their concern, obviously, is that when we adopt a plan, the City Commission makes certain
commitments and unless there are some changes in the revenue stream that affect what you see today
-- and, obviously, that always happens. It means things never come in exactly the way you expect
them to do. But, generally speaking, the Oversight Board would expect that you would follow
through on the increases that are in your plan. And I think it's important that we point out that there
are really four key revenue sources in this plan that we clearly expect to effect the budget in nineteen
-- through 2004. First, with respect to ad valorem taxes. We do not expect to increase the property
taxes from the nine point five mills throughout the period. But it is also important to note that we
have a couple of years out there (the 2003 and 2004) that if we aren't able to find additional revenue
or operating expenses, there is some portion of that millage that could be used to balance. And, as I
said, the Oversight Board would -- in part of the discussion, would be expecting some
acknowledgment of that. We really think that, given the next three years, ifwe focus — and we'll talk
a little bit about that shortly. If we focus on finding revenue-- and it doesn't have to be -- we're not
looking for raising taxes anymore but we think, if we focus on the people that owe the City money
and really go after those funds, given some very structural changes that we've made, with some
automation techniques that we put in place, that we should be able to close that deficit without any
taxes. So, that's why they are reflected there as staying constant. The Solid Wast increases, as you
know, those were passed, at least, through 2003, at twenty dollars ($20) a year. We certainly expect
that to go through 2004 and, in this case, we are building our rates so that, eventually, that program
pays for itself.
Commissioner Sanchez: Mr. Vice Chair, if I may?
Ms. Henry: Yes.
Commissioner Sanchez: Mr. Manager, how much money have we raised on the Parking Surcharge?
Vice Chairman Gort: Excuse me a minute. Can you get it quiet out there, please?
Commissioner Sanchez: How much money have we raised in the Parking Surcharge?
Mr. Warshaw: Commissioner, for the — and I'm glad you asked me this. For the month of
September we have collected eight hundred and twent}-nine thousand dollars ($829,000). Now, it's
important to understand that this was done without any kind of an enforcement program that was
really in place, without monies due us from the County. And considering that this is a brand new
161 November 16, 1999
F
charge, some of the money lagged in, you know, after the deadline. So, it's the first month
(historically, a slow month). Based upon that, the initial estimates that we had given to the Oversight
Board, which were rejected, but yet approved by the Estimating Conference, which was in the nine
and a half million dollar range, we feel now that we will exceed those numbers, and we could be in
the ten or eleven million dollar range or even beyond that. So, I think it says a lot, also, about the
parking industry, which there was a lot of speculation that people would not pay and that there would
be people who would be, you know, finding ways not to pay us. At the end of the day, with basically
sending out invoices and the staff worked throughout the summer to make sure that the vendors
knew how to pay eight hundred and twenty-nine thousand, I think, is a good testimony to the
industry and to the staff, who was able to put this whole program together.
Commissioner Sanchez: So, a projected formula, based on the pattern of one month collection, it
will come out to about nine point five mill?
Mr. Warshaw: If you were to take that month — and, again, I think that is a low month, September,
for all reasons outlined, including the County's dollars. I mean, we could be looking at ten or eleven
million or even beyond that.
Ms. Henry: It's important to note that, in the revisions, the plan that you have reflect --revisions that
is reflected in the plan is the increase in the parking surcharge. One
'
11
of the reasons we were -- I
mean, obviously, being able to use that revenue up from the seven point two million up to the ten
million and, then out, in outer in
years, terms of inflation, we were able to, we will be able to say-- to
the Oversight Board on next Tuesday, that we're able to support "Save Our Seniors".
Just to
continue. The Fire Fee increase, the original plan reflected increases for 2000, 2001 and 2. The two
thousand increase was not implemented, it
so stayed the same. The plan now presumes nine dollars
($9), which generates about one point seven and four dollars in 2002, which generates about eight
hundred thousand.
Finally, the other increase that is reflected in the plan is occupational license.
The occupational license increase rates have not been
adjusted in several years. In fact, the
Commission has an opportunity to raise every two years, five percent does not generate a lot of
money but it does try to work to keep
our rates stable. Finally, there are some major initiatives that
we are currently embarked on. We're still working on. First and foremost is the clean up of the
financial system. I've
(.
got to tell you that, on -- over the last five to six months, we have closed
probably seven, eight hundred, nine hundred different projects and funds in
`
the system. For many,
many years, they've never been reconciled. And it's one of the reasons why it just makes it so
difficult for people to really understand their budgets
�~
and their financial statements because there's so
much, for lack of a better term, junk in there. So, we have worked very hard to do. We
have, in
essence, completed reconciliation special revenue fund. They are not now being reported in your
monthly financial report. I know it's a lot of data you may or
may not be interested in but those
departments who will need to manage this in thefuture will find this information
very helpful. We're
in the process of doing the same thing for the capital funds and by the end of this year, both those
reconciliations should be done
and completed. We should have a clean financial system that will
make it very easy for anyone to go in and find out what's
f
going on with their budget. The second
companion piece to that is, we're working to our current practice for special revenue funds, once we
appropriate -- we forget about them, they stay on the system. There's
not a really annual look -- see
at those funds and that's why we proliferation the way we've done. We are going to move to provide
for an annual appropriation of those
special revenue funds. What that means is, if there are any funds
that remain at the end of fiscal year, they are reappropriated. There's a budget association request
that -- and I'd like to give you an opportunity
I
ff
to get a better picture of how much we really spend
each year because what you see in terms of appropriation of 469, the total that does not in
everying that City spends annual basis include
f
it's just because of the way things were done in the past.
respect to the financial advisor that have RFP (Request for Proposal)
was released on Friday. We
162 November 16, 1999
r
expect the closing -- there's a prebid conference on the 23rd, I believe, and we expect closing to be in
December. So, we're moving pretty quickly with that. The committee that you appointed the Debt
Service Committee, has participated in review of RFP. There's a couple of memos, actually, on the
selection and negotiation committee, the evaluation committee that will make recommendations back
ultimately to the Commission. For the Capital plan upgrade, one of the criticisms that we have
received from the Oversight Board and, obviously, concern for a legitimate consent for all of us is
that we really need to have some definitive costs with respect to our infrastructure. Right now, we
have a capital plan with numbers, a hundred and seventy some odd million but if we're goingto
prepare ourselves for the market, we're going to have to have something more concrete than that.
We have to literally have architects and engineers go physically look at our major facilities. We can
take that task, as far out as we like, sidewalk and the condition, so that that information is relayed
back to us. It's put in a computer. We get models that will help us determine what our annual
depreciation should be, how much money we technically should be putting aside to prepare for those.
So, that's a mayor project for us. The RFP for the IT (Information Technology) Strategic Plan should
go out on Monday. It's now IT Steering Committee has completed its review of that. It's with the
Purchasing Department. Ultimately, go to the Law Department for its final review. The
neighborhood is part of the Five -Year Plan. Obviously, there are several initiatives with respect to
the neighborhoods. Some of the aesthetics of the neighborhood, but there, there is also economic
development activities, and what we really would like to do is begin to incorporate in our overall
thought process and overall general discussion, how all of that relates to the City as a whole because,
right now, it's pretty bifurcated. I mean there is the CD (Community Development) Ilan and there is
other plan we really would like ultimate package all of this so that we begin to see how we spend
general fund monies and other funds that you appropriate on an annual basis, how they all come
together to make our neighborhood better. The rating presentation, I mean I there is know a lot of
discussion, again, in the news periodically about our rates, our current rating. It is certainly staffs
opinion that we should get a rate increase. We don't really see-- we really don't see any reason...
Vice Chairman Gort: Let me ask you a question.
Ms. Henry: Sure.
Vice Chairman Gort: We're paying on interest and we're paying our principle on time, am I correct?
Ms. Henry: Yes, we are.
Vice Chairman Gort: And we've been doing so from way back. And that's one of the things that
rating agencies looked at.
Ms. Henry: Well, it's not only that. I mean, there's a whole host of other issues that they look at, and
we're doing a lot of things right, and we are building our base so that, when we go for this rating
presentation, we will — you know, we feel we're going to be very much positioned. Obviously, we
cannot — I mean, they look at their factors and they are concerned about the political environment.
There's no question. But I think, from all of the other issues that we certainly can control, we think
we deserve a rate and we're going to be pushing to get it.
Mr. Warshaw: Yeah. And I'd like to add to that. And I've had these discussions with Bertha, with
the Finance Director, and I understand the benchmarks that the rating agencies look at, and based
upon the reserves and the picture that we're projecting, not only for this year, but for the oayears
now, there is no reason why, when you look at us compared to other cities that, on the face, that our
rating should not be uptake to investment grade, and we're going to, you know, get a little bit more
aggressive with the rating agencies and let them see what we've done, what our surplusses are, how
163 November 16, 1999
they are being converted into reserves in accordance with the intergovernmental agreement with the
Oversight Board, which very few other cities have those kinds of demands placed on them, and not
only have we had those demands placed on us, but we've exceeded them.
Ms. Henry: If I could just go back one second. There is a chart in here that provides a reserve
analysis over the next five years. I think it's important that we spend a little time on that because it's
a -- you know, I see it as one of our stabilizing initiatives that's going to help us with the rating
agencies. And I think the important thing, if 1 could point to for FY-99, we expect tt carry over into FY-2000, thirty point four million in reserves. Technically, it would be higher than that because
the Blue Ribbon initiative funding hasn't been spent, nor the strategic investments, but the Oversight
Board wanted to make sure that those are designated and that, you know, we keep in front of us, at
all times, that they-- that the particular strategic investments, that they want to see us use those funds
for some major initiative that's going to help us with recurring revenue in the future.
Mr. Warshaw: Just to add something to that. You know, we're in a position now to do something --
at least, going back in the years I've been here, that I don't remember -- which is to start to look at
general fund dollars and use general fund dollars committed to City projects. And if you think about
it -- I mean, and I think back to the years in the Police Department, that was almost unthinkable. If
you didn't have it in a grant or in some capital line item, you just didn't do it. So, we're in a position
now to start to look at some of these general fund dollars, and look longterm about strategic
initiatives for the City that can really make a longterm impact, and I think that's the position we want
to be in today.
Ms. Henry: If you notice at the very bottom, it says: "Percentage of reserves to the threeyear
average." That line really is governed by the provisions of the parking surcharge. As you know, we
will contribute our reserves, as part of this plan, to -- from the parking surcharge to our reserves
through 2001. At that point, we will be able to meet our 15 percent commitment that would allow us
to, then, take those reserves and start to pay for some debt, and that's what this plan incorporates. But
the other thing that this plan does is, there is a line here— it's about the fourth line up -- and it says:
"Amount available for capital and other long-term liabilities." Those are monies that, in addition to
the reserves that we are required to set aside to keep that 15 percent going, those are dollars that are
also available once we've gone through the assessment of our buildings and we know this is how
much money we should set aside each year. We start to, you know, really develop a plan to deal
with those long -tern liabilities. And, as you recall, those longterm liabilities, at the end of 1998,
was in excess of a hundred million, but we're working on those and we're not unique. Other cities
have...
Commissioner Sanchez: Long-term liability. What are we looking at now?
Ms. Henry: You don't have that in front of you. That's part of the annual — the financial report. But
that's the seventy-four million of insurance related liabilities that we have for Worker's Comp and
other liability claims, the uncompensated balances. It's all the vacation that all the employees have
generated. And, at some point we should have money— built funds available to pay those. Just sort
of wrapping up with respect to the other initiatives. Once again, we think it's very important that the
City begin to really focus on our revenue. I mean, we've come a long way. I mean, we've started
from trying to get things cleaned up. We've just --we've been doing a lot of things, but we think that
there's money out there that's legitimately due to the City, and we want to put us a little team together
whose sole focus will be to go after the money. And the importance of that is, obviously, as each
year, if they're successful, we start to eradicate those deficits out in those outyears, but also we can
start to take a look at the existing rates based on our success, and we've had some limited success.
So, we know that it's out there and we'll just keep pushing with that. The parking surcharge
164 November 16, 1999
administrator: We've had two sessions with the two providers. We have, hopefully, what we
consider will be our last session on the le (that's this coming 'Thursday), so at your December
meeting we'll be bringing your recommendation with respect to the firm to provide dept services for
us. And that's really sort of it in a nutshell. I think it's important that, when we speak to our
residents, it's important that-- this year was a success for the City and a success for the residents. We
implemented for FY 2001, "Save Our Seniors". For our seniors, for the City's tax breaks alone,
that's two hundred and thirty-seven dollars ($237) that our residents (for those that are eligible) can
save. They will also benefit from the County's millage.
Vice Chairman Gort:... four hundred and some dollars.
Ms. Henry: Yeah. They will benefit from the County's millage. I think the countywide millage rate
now is six and a half percent, as well. The property tax millage reduction. There were technically
two. We dropped from 10 mills to nine point five. We, also-- for the ad valorem millage, that also
dropped by point three nine of a mill. So, yes, there was a parking surcharge, but SO percent of the
people paying that parking surcharge are non -city residents and, so, we think it's a success for the
City. Questions?
Vice Chairman Gort: Thank you. Bertha, what I would like I'd like to do is, I received some calls of
individuals that had received the bill, and although we have reduced taxes, they have an increase and
they don't understand that that increase is due, that the Solid Waste bill is put into the tax. So,
somehow, I think through Channel 9 and through press release, we should let the people know that
the increase is not on their tax, but it's -- instead of paying by month -- by yearly, the sanitation, that
they are doing that ... the Solid Waste fee is being incorporated into their tax bill.
Mr. Warshaw: Put something...
Vice Chairman Gort: I think it's important we let them know that.
Commissioner Sanchez: Mr. Chairman?
Vice Chairman Gort: Questions? Yes, sir.
Commissioner Sanchez: So move the Five -Year Plan.
Vice Chairman Gort: Is there a motion? Is there second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion.
Commissioner Winton: Can I ask one-- Mr. Chairman, ask one question? On the revenue side, on
ad valorem tax rate, I see that the tax rate stays at nine point five mills. So, does that assume, then,
that, as we redevelop and bring back our neighborhoods and we put more homes into true home
ownership, that brings properties onto the tax rolls -- we also have new development going on all
over the City. So, does this assume that none of the increased value of redevelopment or new
development is included or projected increases included in this?
Ms. Henry: The projections for the property taxes -- I mean, they are included but, quite frankly, the
negotiations that took place November 2nd and November 4th with the Estimating Conference,
which is a subcommittee of the Financial Oversight Board, they allowed us— I mean, in terms of
165 November 16, 1999
using estimates in the early years to be a little bit more aggressive in the latter years, they were
uncomfortable that we could sustain a kind of growth that we sustained in this year. So, obviously...
Commissioner Winton: OK. And that makes sense in the end.
Mr. Warshaw: And there are some conservative estimates of increases that are built in. But, again,
you know, we go through this with the Estimating Conference all the time, to look out to the years
2003, 2004, 2005, you know. We think we know, as visionaries, where the City is going to be but,
on the conservative side, the increases are there but I think, if things happen the way most of us think
they will, those numbers are going to be substantially higher.
Ms. Henry: Absolutely.
Commissioner Teele: All right.
Commissioner Regalado: One question.
Commissioner Teele: Further discussion?
Commissioner Regalado: One question.
Commissioner Teele: Mr. Goenaga, you're always recognized on financial matters.
Mr. Manuel Gonzalez-Goenaga: One question. I have seen these papers and, of course, I love to
have (and I wonder if they have been included) the new office of Independent Counsel. No. Of
independent counsel, no
Commissioner Winton: Auditor.
Mr. Goenaga: Of the auditor.
Commissioner Teele: Auditor General
Mr. Gonzalez-Goenaga: So this, my friends, my — the representatives of the citizens would be a
cross-reference, and I wonder if that is included? And I presume that the Office of Audit, it will be
taken off the City Managers and transferred to the new office. I don't know if that is included here.
And number one. I have my great respects to the Oversight Board but they -- remember, they are all
rich people; they are professionals; they earn a lot of money; none of them live in the City of Miami
and, of course, additional revenue, they are in love with it. But the citizens would be asking, what
operating efficiencies can you provide us today if we approve of this Five -Year Plan? Forget about
additional revenue because that's not happen. Operational efficiencies. Because let me tell you.
When you compare -- I love to see a comparison of the general fund. What percentage of the income
on the general fund in the City of Miami goes to 73 percent in salaries and fringes, plus other things,
the side lines, which means the equipment that is taken home aid all of that. In comparison with
Hialeah, in comparison with Coral Gables, and if we take into consideration in comparison with the
city of San Juan, you will be shocked...
Commissioner Teele: All right.
Mr. Gonzalez-Goenaga: ...to see the difference. Because there in Puerto — in other -- you have extra
money for infrastructure, which we don't have here. Thank you.
166 November 16, 1999
0. 0
Commissioner Teele: All right. Now, this is not a public hearing item. Please, everyone is going to
be limited to a question cr 30 seconds, please. I'm sorry. Mr. Chairman.
Vice Chairman Gort: Thank you, sir.
Ms. Mary Hill: OK. Ms. Warren — not Warren...
Ms. Henry: Ms. Henry.
Commissioner Teele: To the Chairman. To the Chairman.
Ms. Hill: To the Chairman, may I ask a question?
Vice Chairman Gort: Yes, ma'am.
Ms. Hill: You know, I asked a question. What policies-- before this was created in your plan for
Community Development, what policies and laws were you operating under-- they never officially
answered this -- to use CDBG (Community Development Block Grant) funds?
Vice Chairman Gort: I think this needs to be answered by our attorney.
Ms. Hill: Sir, what policies?
Commissioner Teele: All right.
Mr. Alejandro Vilarello (City Attorney): I don't believe that there is any reference in this Five -Year
Plan with regard to CDBG funds.
Ms. Hill: There's no reference. OK. Now, what we did after this -- I didn't get an answer -- but we
came up with a plan today and this plan, will this be recognizing as -- under -- I mean, I cannot
understand -- let me ask you another question. Since you didn't have the policies and the laws, what
monies are you -- other than trying to get these parking fees, which is also affecting citizens, what
other funding are you planning to use? Are you planning to use under your Community
Development CDBG grants again?
Ms. Henry: CDBG -- the community -- the Department of Community Development does not
receive general fund revenues. They receive a myriad of funding from the federal government under
the CDBG and HUD (Department of Housing and Urban Development) Program.
Commissioner Teele: Not a part of this plan, though?
Vice Chairman Gort: That's not a part of this plan, ma'am.
Ms. Hill: No, it's not part of this plan.
Commissioner Teele: All right. Thank you very much.
Ms. Hi11: OK,
Vice Chairman Gort: OK. Thank you.
167 November 16, 1999
a p
Ms. Hill: OK. It's over?
Vice Chairman Gort: You've had your two questions, ma'am.
Ms. Hill: OK. Thank you.
Vice Chairman Gort: Thank you. Mr. Cruz.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I have a very simple question. In
that -- those budgets that you got-- asking question to the chair.
Vice Chairman Gort: Yes, sir.
Mr. Cruz: OK. In those — and you relay that question to Ms. Henry there. Are they providing by the
expense that we would have paying all these --soon I see every agenda about civil rights violations
and City liability and all that, is that contemplated there, the many millions of dollars that we will pay
yearly? Because we still paying for people, like they keep him alive for years and years and years
now. You know, that -- all those things -- then we need money for the parks. We don't have money
for employees there.
Vice Chairman Gort: OK. Question. Yes.
Ms. Henry: There are funds available to pay for our liabilities. In our Risk Management
Department, we budget for a certain level of worker's compensation expenses, other liabilities. We
also have the ability -- as part of this plan, we are building our reserves for those out -years, as well.
So, there are some funds available for that.
Mr. Cruz: You have any idea how many millions will be in the five years that we will be paying?
Vice Chairman Gort: No, we don't know yet because we don't know what the future incidents that
could take place. OK. Thank you. Any further questions?
Commissioner Teele: Mr. Chairman, I want to, again, state I think it's important that we make policy
input, and while I certainly don't think it's appropriate to make a motion on this, in that we need to
get this approved and ratified by the board, I just think that we need to be very clear that the ad
valorem rate of five point -- 9.5 mills is something that a number of us (at least, from public
discussions that I've heard) believe that the rate is too high. I think we should have, as a goal, our
rate somewhere around six to seven and a half mills, and I'm certainly going to be working with the
staff to try to do that. Now, as it relates to the Solid Waste rate, even extending this rate and
increasing it twenty dollars ($20) per year, I think it needs to be very clear that this rate does not
cover the costs of running the Solid Waste Department. I think one ofthe things we've got to do is
look at other revenue streams to bring that budget, so that the Solid Waste Department is not losing --
it's losing approximately what, fifteen million dollars ($15,000,000) -- twelve to fifteen million
dollars a year now? And these rates are not going to reduce that by more than about half, so we are
still going to need six million dollars ($6,000,000). The fire fee is something I think, you know, we
made a mistake this year in not increasing it, and I will be supporting tie management, not only in
increasing the fire fee, as we have agreed to, but reducing and eliminating some of the exemptions
that we carved out just to get this started. Just to refresh everyone's mind, we created a number of
exemptions for the purpose of just trying to get through the first round of it, and said we would come
back next year and look at the exemptions. Not only did we not look at the exemptions, we basically
168 November 16, 1999
blinked on the increase. And I think there is a tremendous opportunity to pick up the exemptions --
and the County, of course, is a part of that discussion. The City Attorney has promised to give us a
report. I'm going to ask for that report by the first meeting in January on that letter agreement that we
signed that is a violation of contracts of imperpetuity of some rule on something. I don't know. But
there is some real issues that that the County, again, is getting a free ride on the fire expenditures
because we're limited. We capped ourselves with some ridiculous amount of money, and we know
that it cost well over a million dollars in providing services that we're not getting. The important
thing, though, is that I think the public maybe-- have even captured this. We continue to focus on
more revenue, and I think we should, but we need to focus equally on efficiencies and reductions of
costs. And I think, you know, there's no way you are going to have the kind of training, for example,
that the Police Department is going to have and not pick up efficiencies. The question, fien, is, with
-
those efficiencies, do you reduce and adjust staffing or do you just continue to go along? And I can
-
tell you, having done this before in a different agency, at a different point in life, that when you do
that kind of training and put that-- introduce that amount of computers, you're going to have so much
more productive time available. The question is, do you create mak&work, which is generally what
will happen if nobody does anything differently, or will you begin to adjust and reduce aid make
shifts and changes? The most dangerous thing and damaging thing about this report, I think, is the
thing that we all see and we just sort of gloss over. Seventy five -- seventy-three percent of this
budget is in fringes and salaries and three percent is in capital improvement. And I don't think there's
any corporation in America that can operate, you know, other than a strictly service company that
has that kind of ratio. What would be very helpful, Mr. Chairman and Mr. Manager, is that we had
some comparables of other cities. I mean, these numbers don't have the -- let's just look at Ft.i;
Lauderdale. Let's look at Coral Gables as two cities that are in the same general area. But I think we
need to establish a policy that says our capital budgetwill be "x" percent of our general budget, and.
w
then drive it in that direction. Because if we just continue to never make any policy direction, we're
going to always be driven by salaries and benefits and this, that, and the other. The other issue that,
one day we're going to look at, is we need to determine what percentage of the City staff lives within
the municipality of the City of Miami, and I keep saying that. If the Commissioners have to live in
the City, if the Mayor's got to live in the City --I'm not saying that any employee should have to live
in the City. But I think we need to have a proactive policy of encouraging people to live in the City.
}:
I saw a police officer the other day, Mr. Manager, who was on duty there at the building that's s,rt of
falling in, the historic building, and the officer said "I would love to live in the City, but I cannot
ter.
afford to live in the City." And I can't afford-- I talked about Poinciana Village. I love it, but we
can't -- I can't afford the down payment It's so much easier to go to Pembroke Pines or to some of'x
d,
these Miami Lakes. We've got to be competitive and we've got to proactively try to encourage our
R� r11
employees to live in the City. And one of the things that I hope is that we will -- at least, the
K
Commission will require that all future Clerks -- won't affect any incumbents — all future City
Attorneys and the Auditor General must make a commitment to live in the City. I don't think there's
anything wrong with that. I don't think, when we interview people for a job, that we should not have
to take off the table whether or not they live in the City or they're willing to live in the City. Because
r
when you live in the City, and when you see that 73 percent of the taxpayers' money that we're
spending is going for people that we employ, we have an obligation to encourage the people who live
in the City, and that shouldn't be punitive. It should be positive and it should be incentives. And I
think we ought to look at ways to provide incentives of loans, low interest loans, grants, or whatever
to get our officers and our employees back in the City. So, I think we need to look at this. And,
particularly -- I keep saying the same thing. I have discussed it with the Public Works Director, Mr.
Manager, Johnny Winton. These people -- these technology companies, these optical companies are,
literally, all over this City. Everywhere you turn, there are streets being torn up. People are-- and
we are not getting -- the streets are being destroyed. We're not getting franchise fees. The State has
limited us, I think, to some extent, on the kind of franchise fees
we can charge. But I guarantee you,
if we enact an ordinance, Mr. Public Works Director -- let's call it the Jim Kay Memorial Ordinance.
169 November 16, 1999
Iie's scheduled to retire soon. But if we could enact an ordinance that requires that anyone who tear
up City streets mast replace it in sections— you know, not this little slither that— you know, you've
got streets all over this town that have got slithers look like giant snakes are under it or something.
You know, we need to require that they have to patch, at least, a quarter of a mile or whatever it is
that they do, or pay a fee that we will do it. Because we're just giving away money left and right and
it's not right, and I think we need to take a look at that. We've asked the Public Works Department,
we've asked the Audit Office, everybody to look at it. Nothing has come back. But we really need to
look at that as a revenue enhancement. So, I hope that you -- wish you well. I hope the City
Attorney will go. I hope the Commissioners will be invited to go or-- what time is this meeting?
Ms. Henry: The Oversight Board meeting?
CommissionerTeele: Yes.
Ms. Henry: One o'clock, next Tuesday.
Commissioner Teele: Where is it going to be held?
Ms. Henry: At the Museum Tower, 18th Floor.
Commissioner Teele: And, you know, as they say, Godspeed.
Vice Chairman Gort: Gentlemen, we have 52 items. We have Planning and Zoning items thtt people have been waiting since two. We're on 36. I'd like to call the question on this one, if we
don't have any further discussions and, then, see if you guys would like to hold the agenda and go
into the Planning and Zoning in five minutes -- take a five-minute recess and go into Planning and
Zoning, because we have a lot of individuals waiting here.
Commissioner Teele: So moved. Call the question.
Vice Chairman Gort: Call the question. All in favor state by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you. Unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 875
A RESOLUTION OF THE MIAMIA CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING A PROPOSED "CITY OF MIAMI
FIVE-YEAR PLAN" FOR FISCAL YEAR 2000, THROUGH AND
INCLUDING FISCAL YEAR 2004, ATTACHED HERETO AND
MADE PART HEREOF.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
170 November 16, 1999
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: Six fifteen? Come back at 6:15.
Vice Chairman Gort: Let's come back at 6:15 sharp, please.
Commissioner Winton: Six fifteen whose time?
Vice Chairman Gort: Johmiy, we'll get you. Don't worry.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 6:08 PM AND
RECONVENED AT 6:23 PM WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT, EXCEPT COMMISSIONER WINTON.
39: RECESS THE ,REGULAR PORTION OF TODAY'S CITY COMMISSION;
MEETING IN. ORDERTO CONSIDER ITEMS OF THE PLANNING & ZONING
PORTION,OF-TODAY'S MEETING:
Vice Chairman Gort: Can we get this meeting going, please? I need one more person to make a
motion. I need a motion to recess the general meeting. I need a motion to recess.
Commissioner Teele: So moved, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second? Second? I need a second.
Commissioner Sanchez: Second.
Vice Chairman Gort: Second. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 99-876
A MOTION TO RECESS THE REGULAR PORTION OF TODAY'S
CITY COMMISSION MEETING IN ORDER TO CONSIDER ITEMS
OF THE PLANNING AND ZONING PORTION OF TODAY'S
MEETING.
171 November 16, 1999
Ki
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.
NAYS: None.
ABSENT: Commissioner Johnny L. Winton
Note for the Record: At this point, the City Commission closes consideration of the regular
portion of the agenda to consider items from the Planning and Zoning portion of the agenda.
39 .;RECESS THE . REGULAR PORTION OF 'TOpAY9S CITY COMMISSION
1VIEETING .IN .ORDER TO CONSIDLR ITEMS OF :THE PLANNING ZONING
POR'TION'OF TODAY'S MELTING.
Vice Chairman Gort: OK. Now, we begin the Planning and Zoning meeting.
Commissioner Sanchez: What are we going to do with the rest of the meeting?
Vice Chairman Gort: We'll come back later. We'll have to.
Commissioner Sanchez: That's why you're such a good Vice Chairman.
Vice Chairman Gort: My understanding is, we might have some non -controversial issues that we
can take immediately and get them passed. Staff. My understanding, we might have some non-
controversial that we can...
Ms. Ana Gelabert-Sanchez (Director, Planning & Zoning): Yes. Non -controversial items five, six,
seven, eight, nine, 10, H, 16 and 18.
Vice Chairman Gort: Five, six...
Ms. Gelabert-Sanchez: Seven, eight, nine, 10, H, 16 and 18.
40. SECOND READING ORDINANCE: AMEND COMPREHENSIVE NEIGHBORHOOD
PLAN ORDINANCE 11544 TO CHANGE FUTURE LAND USE ELEMENT FROM HIGH
DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL AT 1800
NORTH BAYSHORE DRIVE AND 1825-1837 N.E. 4 AVENUE. [Applicant: Ader Properties]
Vice Chairman Gort: OK. Let's take those items. What are we calling first? Item 5. Second
reading.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. Item 5 is a second — items 5 and
6 are companion items, second readings; to change the land use and zoning at 1800 North Bayshore
Drive, and 1825-37 Northeast 4th Avenue. This was recommended for approval. It was originally
172 November 16, 1999
recommended for denial and the Commission accepted — no. Actually, the covenant was not
required at the last hearing and it was recommended for approval by the Commission, first reading,
and the department concurs for second reading.
Vice Chairman Gort: OK. Before we proceed, I would like to -- all those that are going to testify to
please stand and raise your hand to be sworn in. All of those planning to testify, please stand up to
be sworn in.
Unidentified Speaker: On this item or all items?
Vice Chairman Gort: On all items. On all items. Anyone that wishes to testify later on, to please
stand and be sworn in, especially attorneys.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Vice Chairman Gort: Thank you. OK. Item 5 is a second reading. Do I have a motion? Johnny, it's
in your district. Item 5, do I have a motion? You want to go into it? It's a second reading.
Ms. Slazyk Yes, it's a second reading. Change the land use and zoning. The properties are located
up in the Omni district, fronting Pace -- Margaret Pace Park. it's to a restricted commercial, with the
zoning of SD-6, which would allow high density, mixed use development.
Ms. Vicky Garcia -Toledo: Mr. Chairman, would you like me to do a presentation on that?
Vice Chairman Gort: Staff recommend.
Ms. Slazyk: We recommend approval.
Vice Chairman Gort: And it's a second reading. It was approved on the first reading.
Commissioner Winton: Was there neighborhood input on this?
Ms. Garcia -Toledo: There was -- no opposition showed up. There was nobody...
Commissioner Winton: No opposition?
Ms. Garcia -Toledo: No.
Commissioner Winton: All right.
Vice Chairman Gort: What do you need, Mr. Attorney?
Mr. Joel Maxwell (Assistant City Attorney): Understand to be sure to open the public hearing on it.
Vice Chairman Gort: We'll now open the public hearing. Is there anyone that wishes to testify on
Item Number 5? Item Number 5 is approximately 1800 North Bayshore Drive. Being none, do 1
have a motion? Second reading.
Commissioner Sanchez: So moved.
173 November 16, 1999
Vice Chairman Gort: It's been moved. is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Moved and second. Any further discussion? Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE
LAND USE DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 1800 NORTH BAYSHORE DRIVE AND 1825-
1837 NORTHEAST 4TH AVENUE, MIAMI, FLORIDA, FROM HIGH
DENSITY MULTIFAMILY RESIDENTIAL, TO RESTRICTED
COMMERCIAL; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of October 26, 1999, 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.
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.
41'. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000 ' TO
CHANGE; ATLAS FROM R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO SD-6
CENTRAL COMMERCIAL -RESIDENTIAL DISTRICTS AT 1800 NORTH BAYSHORE
DRIVE AND 1825.1837 N.E. 4 AVENUE. [applicant: Ader Properties]
Vice Chairman Gort: Item 6, a companion item.
Commissioner Sanchez: Which item?
Vice Chairman Gort: Six.
174 November 16, 1999
H.2
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-6 is a companion zoning change.
Vice Chairman Gort: Do I have a motion? Let's open the public hearing. Is there anyone here to
testify on Item 6? Show that no one come forward. Do I have a motion? Second reading, once
again. Do I have a motion?
Commissioner Regalado: Move it.
Commissioner Sanchez: Second,
Vice Chairman Gort: OK. It's been moved and second. Discussion? Call the question.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE
NO. 23 OF THE ZONING ATLAS OF ORDINANCE NO, 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM
R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO SD-6 CENTRAL
COMMERCIAL -RESIDENTIAL DISTRICTS FOR THE PROPERTY
LOCATED AT APPROXIMATELY 1800 NORTH BAYSHORE DRIVE AND
1825-1837 NORTHEAST 4TH AVENUE, MIAMI, FLORIDA; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of October 26, 1999, was taken up
for its second and final reading, by title, and adoption. On motion of Commissioner
Regalado, 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 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.
175 November 16, 1999
' 1✓COf MADINd MINAN 1i. AMM ZONING OMNANCE. 11000 TO'
C1 � �1�11I�1 #�'Sii3NA`l`)tI�N A '' GUO AN)r1 612 S:iNr.1 STR V- ANII '2661 AND
:5� ?� 1" 1 T .TO - ADD,; SI��1,2 BtJ�'i�tk O'V RLA: ' WSTIUCT (ALLOWN.
l3A O- 3;iJi',FJPt Al J�1 -Ext, CCivl 8R-, CIAt, PA�CILITY) tapplicat t, AeiajatMb L.i , ,.
Vice Chairman Gort: Item 7 -- PZ-7. This is a second reading also. Approximately, 2600 and 2612
Southwest i st Street, and 2601 and 2611 Southwest 2nd Street.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): The department recommends for
approval. This is in order to add an SD-12 overlay district to the subject property. This would allow
it to be used for surface parking, to be used in conjunction with the adjacent commercial property,
and we recommend approval. And, again, this is second reading. It was approved by the
Commission first reading.
Commissioner Sanchez: Question.
Vice Chairman Gort: Go ahead.
Commissioner Sanchez: Does it allow a buffer from property to — business parking lot to property?
Ms. Vicky Garcia -Toledo: Yes, Commissioner. For the record, Vicky Garcia -Toledo, with offices
at First Union Financial Center. It does call for a buffer. It also calls with a covenant at the request
of the neighbors for a CBS (Concrete Block Structure) block wall on the east fronting 2nd Street, a
chain link fence with ficus landscaping, security during operating hours, parking lot to be closed after
operating hours, and no vehicular access from 2nd Street.
Commissioner Sanchez: Is anyone in opposition?
Vice Chairman Gort: We already had the public hearings.
Commissioner Sanchez: So moved.
Commissioner Teele: Second.
Vice Chairman Gort: OK. It's been moved. Second. Discussion? Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE
NO. 34 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, BY ADDING THE SD-12 BUFFER OVERLAY DISTRICT
FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2600 AND 2612
SOUTHWEST 151 STREET, AND 2601 SW 2Na STREEY, MIAMI, FLORIDA;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE,
176 November 16, 1999
was passed on its first reading, by title, at the meeting of October 26, 1999 , was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Sanchez, 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 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.
43:FIRST ;READING"ORDINANCE: ' AMEND COMPREHENSIVE NEIGHBORHOOD
PLAN .ORt3INANCE I0544 CHANGE LAND. USE;bESIGNATION AT; 2500 BRIGKELL'
AVENUE , FROM:. SINGLE FAMILY ' RESIDENTIAL AND MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL TO HIGH DENSITY MULTIFAMILY RESIDENTIAL' (TO
ALLOW NEW ADDITION TO EXISTING HOTEL) [applicant: Charles Leemon III and Linda
Leemon]
Vice Chairman Gort: Thank you. Is that it?
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): Next will be PZ-8.
Vice Chairman Gort: PZ-8.
Ms. Slazyk: PZ-8 and 9 are companion items for land use and zoning change for 2500 Brickell
Avenue. This is the property you know as the Hampton Inn on Brickell Avenue. They are
requesting a zoning and land use change for the rear of the property. This would bring it into
conformity and allow them to do an addition to the Hampton Inn. The property, it's an isolated
block and it is bound by the Rickenbacker Causeway, it was recommended for approval by the
department and the lower boards.
Commissioner Sanchez: Vice Chair, it is in Mr. Winton's district, if he wants to move it.
Vice Cliainnan Gort: Is there anyone in the public that would like to testify on this item?
Commissioner Winton: And how about public input before? I'm sorry.
Vice Chairman Gort: This is the public input.
Ms. Slazyk: Again, this is the public hearing. At the lower hearings, there was no opposition. The
applicant is here, if you would like for him to make a presentation.
177 November 16, 1999
11
Commissioner Winton: I would like to hear a little bit more about what's really going to happen
here. And for any of you who are bringing these issues before this body tonight, my apologies up
front, but I am -- as the newest Commissioner here and having just had an opportunity to get these
three notebooks with the agenda, the budget, and these planning and zoning issues, planning and
zoning issues are among the most important steps that, I think, we're going to be taking relative to
rebuilding our neighborhoods. So, I'm going to be paying very close attention. And my apologies,
but if I don't understand something well tonight, I'm going to ask that it be deferred for the next
meeting so I can get up -to -speed.
Mr, Chad Williard: Pair enough. Thank you. For the record, my name is Chad Williard. I'm an
attorney with offices at 999 Ponce De Leon Boulevard, here on behalf of the applicant and property
owners Charles and Linda Leemon. In fact, Mr. Leemon is here in the audience with me tonight.
He's the owner of the property and also the operator of the hotel. I'll be very brief and try to speak to
the issues, I think, that the Commissioner is most concerned with. The reason we're here, this
property was rezoned to R-3 back in the 501s, late 50's, because that was the zone that allowed hotels
as a matter of right. At some point in the 60's or early 70's, the City of Miami amended their Zoning
Code to take hotels out of R-3 as a permitted use and put them into R-4. That transformed the hotel
at 2500 Brickell into a legal, nonconforming use, which meant we could stay there at that size, but
we couldn't expand at all. Over the years, we found a need -- because Hampton Inn does a very
good job. The demand has increased over the years and they found the need to expand the facility.
We came to the City; found out the only way we could do that was to rezone the property to the
designation and the zoning classification that permitted hotels as a matter of right, which, in this case,
was R-4. So, we're here. And, specifically, what we have in mind is — it's currently a three-story
building. We're going to expand that to five stories, without expanding the footprint. We met with --
actually, at about the time we filed the application, met with the Roads Homeowner's Association,
They did not have an objection to what we were proposing. We, then, approached the Brickell
Homeowner's Association. In fact, I believe Mr. Tory Jacobs is here in the audience, as well as the
Brickell Homeowner's Attorney Jeff' Bass, and their concern was the height. Because, even though
we only have in mind a five -square building, if you just granted R-4 zoning, in and of itself,
theoretically, it could go much higher. We understood that concern, It was never our intent to go
any higher than that. So, we have proffered a covenant to the City and to the Brickell Homeowner's
Association, limiting the height of the building to five stories, and I'll proffer -- actually, a final
signed executed version of that into the record today. So, that's what we're doing. We've met with
the neighbors; didn't have any objections, and we're here before you tonight.
Commissioner Winton: Tory, Brickell Homeowner's Association is all right with this?
Mr. Tory Jacobs: Very much so.
Commissioner Winton: OK.
Vice Chairman Gort: Do I have a motion?
Commissioner Winton: So moved.
Commissioner Sanchez: Second,
Ms. Eva Nagymihaly: Excuse me. Could we speak?
Vice Chairman Gort: Excuse me. Yes. Have you been sworn in?
178 November 16, 1999
o c
Ms. Nagymihaly: No, I have not.
'Vice Chairman Gort: OK. Will you swear in the lady, please.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Ms. Nagymihaly: Sorry. I just came running here because I heard it was the noncontroversial issues
that were going to be heard, and I think this is controversial. I just got here. My name is Eva
Nagymihaly, and my mother owns the property right across from the Holiday Inn at 2520 South
Miami Avenue. I did go to the other hearing and I just want it to be known that the 2500 Brickell --
when that was re --not even properly rezoned, they just put a motel on that without any permission.
It just happened one night back in 1960, 1 think it was, or '64. But the whole thing is, we're still
zoned R-1 on Miami Avenue the owners. Now, if that footprint is as they say it is and they have R-3
on Brickell, and if R-3 is the way I understand it, they can have lodging. If lodging is possible and
they can have five stories, there's no need to go to an R-4, which is high-rise. So, you are going into
a residential neighborhood and you are changing the zoning froin R-1 to R-4. You can put all the
covenants you want into something. Somehow those "sometimes" can be forgotten. I feel that there
is another way to handle it. If the motel can get into the R-I zoning area, it surely can put two stories
on it in an R-3 rating. There is no need for them to go to R-4. I have no objection that they put two
more stories on it, but do they take stress tests? Did they realize that a concrete structure that was
built in 1960 can maintain two more stories? Were we ever told that this building can be sold? And
you can say a covenant is in place, but I know covenants can get lost. So, why go to the extreme if
you can do something or check to see if you can do something with an R-3?-because you're not
going greater than five stories.
Vice Chairman Gort: Thank you, ma'am. Planning.
Ms. Slazyk: The R-3 district does allow lodging houses, but the definition is a little bit different than
a hotel. They wouldn't be able to operate it the same way, so it would not be an operation like what
the Hampton Inn is operating now. It would be different. It would be different.
Vice Chairman Gort: Also, my understanding is, in order to do this, they would have to apply for the
building permit. They would have to go through the whole process of the Building Department
and...
Ms. Slazyk: Yes. And in the building permit process-- that's right. A building permit process would
check all the structural. They would have to — I mean, all that is examined. There are inspections
and they wouldn't just be able to add on without doing whatever structural re -enforcement would
have to be done to accommodate the two new levels.
Vice Chairman Gort: Thank you, ma'am.
Ms. Nagymihaly: What would be guaranteed that the R-1 zoning will stay R-1? I know a footprint
could mean just a small portion of the building remaining on top of it. Do not forget you have family
homes on the other side of the street. We do not need thirty -story buildings, which they could
probably build if the covenant disappears.
Commissioner Winton: Is that right?
179 November 16, 1999
Ms. Slazyk: Well, first of all, the covenant is recorded. It doesn't just disappear. Secondly, the R-1
-- any R-1 property they would want to build on to do a thirty -story building would have to come
back to this Commission to get a zoning change to a district that would allow that thirty -story
building. You can't just build a thirty -story, single family residences.
Vice Chairman Gort: Not only that. There are other — excuse me. Excuse me, ma'am. Excuse me.
Ms. Nagymihaly: No, no, it's not a single family residence, but it's all R-I zoned.
Vice Chairman Gort: Ma'am, excuse me. My understanding, there are other requirements, like
parking, setbacks, and that would not permit a thirty -story to go up. Thank you, ma'am. Any
addition? OK. Do I have a motion?
Commissioner Sanchez: Yeah, there's a motion and a second.
Commissioner Winton: There's a motion.
Vice Chairman Gort: There's a second. OK.
Mr. Micky Biss: For the record, my name is Micky Biss. Live at 2025 Brickell Avenue, in the
immediate vicinity of the subject property. Public hearing, you're supposed to speak, but I think,
also, it's not out of order to just ask for a point of clarification. By virtue of my being a member of
the Atlantis On Brickell Condominium Association, I am a member of the Brickell Homeowner's
Association, and I understood, from what was mentioned briefly, that the Brickell Homeowner's
Association supports this resolution -- or a zoning change. I would just like, for the record, to
establish by what authority the president or chairperson of the Brickell Homeowner's Association has
supported this? As a member of the association, I'm not familiar with it. So, if he would be kind
enough to establish here, in the public portion of this hearing, by what authority lie's endorsing this
zoning change, whether it's by resolution? If so, what date of the meeting and so forth. Thank you.
Vice Chairman Gort: Thank you. Mr. Jacobs, you want to answer that, please?
Commissioner Sanchez: This is a non -controversial issue
Vice Chairman Gort: Yes, sir.
Mr. Tory Jacobs: My name is Tory Jacobs. I live at 145 Southeast 25 Road, here representing the
Brickell Homeowner's Association. I'll attempt to answer this question. Several years ago we met
with the Hampton Inn people, and they presented the program of adding these two stories. I can't
recall the date, but it was certainly covered in the minutes at that time that we approved their adding
the couple of stories in the wing. They went east/west, not on the front entrance of building. Not on
the building that fronts Brickell, but the one that goes alongside the flyover to the Rickenbacker
Causeway. And several years went by and nothing happened. And a few months ago, I was
approached by Chad Williard, and it seemed that they couldn't go ahead. They worked with the
City. They tried to add this without a zoning change, but the zoning laws, as such, that it was
absolutely impossible for the City to permit the addition of these two stories without the R-4
designation. So, we, having agreed that it was OK to do it, felt that the only way that we could go
along with adding the additional stories, if there were covenants protecting the neighborhood from
any deviation from this. And, so, with the help of Chad Williard and Jeffrey Bass, covenants were
drawn that included the City and included the Brickell Homeowner's Association as bodies that have
to be notified, and this has to be a public hearing from any deviation or change in this. And a frve-
180 November 16, 1999
story height is consistent with the west side of Brickell, and we want to hold to that and not give any
encouragement to any developer to do anything on the west side of Brickell that is higher than five
stories.
Vice Chairman Gort: OK. Thank you. There's no resolution from the Homeowner's Association.
We understand that. My understanding is...
Mr. Biss: OK. The record will so reflect that there is no official resolutions.
Vice Chairman Gort: My understanding, that would not influence on the vote on this — vote here.
OK. Thank you.
Mr. Biss: I understand, but I'd like the record to reflect that. Thank you.
Vice Chairman Gort: Thank you very much for putting it on the record. OK. All in favor state — do
you need to read the...
Mr. Joel E. Maxwell (Assistant City Attorney): Yes, sir.
Vice Chairman Gort: Call the roll.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
FUTURE, LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD
PLAN BY CHANGING THE LAND USE DESIGNATION OF THE
PROPERTY LOCATED AT APPROXIMATELY 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.
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 Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
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.
181 November 16, 1999
Vice Chainnan Gort: That takes care of all of the...
Ms. Slazyk: Nine is a companion item.
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: OK. Any public hearing? OK. Read. Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE
NO. 37 OF ZONING ATLAS OF ORDINANCE NO. I1000, AS AMENDED,
ZONING ORDINANCE OF CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS BY CHANGING
ZONING CLASSIFICATION FROM R-I SINGLE FAMILY RESIDENTIAL
AND R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO R-4
MULTIFAMILY HIGH DENSITY RESIDENTIAL FOR THE PROPERTY
LOCATED AT APPROXIMATELY 2500 BRICKELL AVENUE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and
was passed on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
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.
Unidentified Speaker: Thank you.
182 November 16, 1999
Vice Chairman Gort: Thank you. Item one.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): i believe 10 and 11 were also...
Vice Chairman Gort: Sure they are not controversial?
Ms. Slazyk: They weren't at the lower boards. PZ-10 and ] 1, companion, land use and zoning
change, for property at Northwest 7th Street, from office to restricted commercial. The department
recommends approval, and it was recommended approval by lower boards.
Commissioner Sanchez: Nine to zero. So moved.
Commissioner Regalado: Second.
Mr. Joel Maxwell (Assistant City Attorney): Public hearing.
Vice Chairman Gort: The public hearing is open now. Anyone that would like to testify on this
item? OK. Show no one coming forward. Read it. Call the roll.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE
NO. 24 OF THE ZONING ATLAS OF ORDINANCE NO. I1000. AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS BY CHANGING ZONING CLASSIFICATIONS FROM O-
OFFICE TO CD-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 1515, 1545, 1605, 1615, AND 1625
NORTHWEST 7TH STREET; CONTAINING A REPEALER AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and
was passed on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
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.
183 November 16, 1999
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Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): And eleven is a companion.
Vice Chairman Gort: Eleven. Companion item. Anyone to come forward? Show no one has come
forward. A motion?
Commissioner Sanchez: So moved.
Commissioner Regalado: Second.
Vice Chairman Gort: It's been moved and second. Roll call.
An Ordinance Entitled —
AN ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION
OF PROPERTIES LOCATED AT APPROXIMATELY 1515, 1545, 1605, 1615,
AND 1625 NORTHWEST 7TH STREET, MIAMI, FLORIDA, FROM OFFICE
TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
REPEALER AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE
was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and
was passed on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
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: Thank you.
184 November 16, 1999
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Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): The last noncontroversial one is
PZ-16. It's also second reading. This is that text amendment up on Biscayne Boulevard, SD-9, for
the Biscayne Shopping Plaza, that would allow them to do their signage. It's a second reading. It
was approved by the Commission on first reading.
Vice Chairman Gort: Would you give a brief description to the Commissioner in the district, please?
Ms. Slazyk: Yes. Basically, when we put the SD-9 district in place up on Biscayne Boulevard, it put
restrictions on sizes for signs. The SD-9 district over at the Biscayne Shopping Center covers die
entire shopping center, and they were unable to get larger tenants because they can't really do signage
on those buildings. What this text amendment does is it puts -- for a distance of a hundred feet on the
boulevard, the lower sign requirements exist. But further back, we go back to C-1 sign requirements,
which would allow them to lease those spaces, and they actually have interest in them now and it
could revive the shopping center. So, everyone was in favor of that.
Vice Chairman Gort: OK. Is there anyone -- come forward on Item 16? Yes, sir.
Mr. Heikki Talvitie: My name is Heikki Talvitie. I'm the president of the Upper Eastside Miami
Council. You all got a fax from me on Monday about this issue, and we support what they are trying
to do in the shopping plaza and get it revitalized. Thank you.
Vice Chairman Gort: Thank you.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there...
Commissioner Winton: Second.
Vice Chairman Gort: Moved and second. Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE 112000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 609, SD-9
BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, TO MODIFY
THE SIGNAGE REGULATIONS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
185 November 16, 1999
was passed on its first reading, by title, at the meeting of October 26, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded
by Commissioner Winton, the ordinance was thereupon given its second and final reading by
title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
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.
48. , CONTINUE 'O01ISIDERATION Oh' PROPOSED MAJOR USE SPI.ECIAL=PERMIT FOR.
BRICICELL BAY VILLAG$ APARTMENTS PROJECT AT APPROXIMATELY 2101-2105
BRICKELL AVENiJE.
Vice Chairman Gort: Item 1, noncontroversial.
Ms. Lourdes Slazyk (Assistant Director, Planning): PZ-1 is a Major Use Special Permit for the
Brickell Bay Village Project, proposed at 2101, 2105, Brickell Avenue. This was continued from
City Commission meeting in order for the applicant to meet with the neighbors and to try and resolve
some of the concerns that the neighbors had with the project. The applicant has proposed to the City
a modification in their proposal to reduce the number of units, the height, parking spaces to eliminate
one of the FAR (Floor Area Ratio) bonuses that they were proposing. The department has reviewed
the proposed numbers that they were going to reduce the project by and we concur with these
numbers and we would recommend that the project be approved with the reductions in the unit, the
density, the height. And what I'd like to do is read the reductions into the record because we would
recommend that they be approved with those reductions. The density -- the original proposal was for
421 units. The applicant is now proposing to revise that to 359 units. The original height of the
building was for 28 floors. The applicant is now proposing to revise that to 26 floors. Parking
spaces from 650 to 535.
Ms. Vicky Garcia -Toledo: Excuse me. That's up to 510. That's a typographical error.
Ms. Slazyk: Oh, 510. The parking deck levels was originally six levels of parking, five above grade
and one below. They've revised that to two above and two below. The building length on the
east/west access was revised from 391 feet down to 317 feet. And this would -- the elimination of
the Affordable Housing Trust Fund bonus would reduce the project by eighty-seven thousand
additional square feet of space. They have withdrawn that request. So, we would recommend that it
be approved, with these modifications, subject to the final implementation of the design being
approved -- reviewed and approved by the Planning Department prior to building permit.
Vice Chairman Gort: OK.
186 November 16, 1999
Commissioner Sanchez: Question. What's the setback from the Bay?
Vice Chairman Gort: To be 50 feet. Minimum 50 feet
Ms. Garcia -Toledo: Can we give you that in a minute?
Commissioner Sanchez: Yes. I just}
Commissioner Winton: Mr. Chairman?
Vice Chairman Gort: Yes, sir
Commissioner Winton: I would like to defer this item to the next regularly scheduled meeting,
which, I think, we moved to December -- whatever that date was. December...
Vice Chairman Gort: Fourteenth.
Commissioner Winton: ... 14th.
Vice Chairman Gort: It's your district.
Commissioner Sanchez: It's your district.
Ms. Garcia -Toledo: Commissioner Sanchez, it's two hundred and sixteen feet from the Bay. Two
hundred and sixty feet from the Bay. Commissioner Winton, with all respect, if I may? This matter
first was scheduled, I believe, for May or June, and we have now continued this matter for
approximately six months. During which time, we have been working with the neighbors,
particularly the neighbor that responded to our request for meeting, which was the Bristol
Condominium Association.
[INAUDIBLE OUTBURSTS FROM THE AUDIENCE]
Vice Chairman Gort: Excuse me. Excuse me, please. Let's keep it down, please
Ms. Garcia -Toledo: We have now entered into a settlement by working very hard with members of
the Bristol Condominium Association, which we would like to present to you tonight. Your
background and real estate, I don't need to preach to the choir. Certainly, there are tremendous
liabilities and costs that incurred for the developer with these kinds of delays. So, I would beg for
you to reconsider.
Vice Chairman Gort: Unfortunately, when one of the Commissioners asks for a deferral, it's
something that we need to comply. This is a new Commissioner. He's just been elected and he
would like to look into it.
Commissioner Winton: And it has been a controversial issue. So, I do want -- right. And still is.
So, I'm simply not up to speed on this project yet and I don't feel comfortable making a decision that
has dramatic impact to the neighborhood without understanding more of the issues. That doesn't
mean --I don't know --I have no idea right now what way I'm voting. I'm just telling you that I want
to get brought up to speed on this whole issue.
Vice Chairman Gort: There's a motion to defer. Is there a second
187 November 16, 1999
(71
Commissioner Sanchez: Out of respect for the new Commissioner, I would second it.
Vice Chairman Gort: OK. You're going to testify on the motion to defer? And you're going to
speak on the motion to defer?
Mr. Micky Biss: I would like to -- if I may, on the motion to defer, may I speak, briefly? Micky
Biss, 2025 Brickell Avenue, member of the Condominium Association, homeowner and the
chairman of the committee that was headed up a few months ago to monitor and oppose this project.
And I'd like the public record to properly reflect -- and, Commissioner Winton, in support of your
motion, I'd like to tell you that what you heard here was an untruth. Not only was this building not...
Vice Chairman Gort: Excuse me, sir. We're only talking to defer.
Mr. Biss: No, I'm not talking on the merits of the issue, only on the deferment. That this item, I
think, as a matter of procedure, has to be deferred. We, at the Atlantis and the neighbors, have not
seen the project, have not been noticed. We heard, for the first time this evening, what the changes
are. There was a deliberate attempt to withhold the information from us. So, for no other reason, as
a matter of proper procedure, proper noticing and proper deference to the community, this has to be
deferred, and we have to see what we're here to talk about because it's been withheld from us.
(applause)
Vice Chairman Gort: Excuse me. Hold it, hold it, hold it, hold it, hold it, hold it, hold it. This is...
Mr. Biss: Thank you.
Vice Chairman Gort: Please, we've got a lot of items to go to yet. OK? Yes, sir. We're going to
defer.
Mr. Kent Harrison Robbin: I understand that. But I would ask that maybe this matter be referred
back to the Planning Advisory Board)
Commissioner Sanchez: No.
Mr. Robbin: ) because there is a substantial change in the footprint. The footprint has been moved
more than 10 feet. It is required, under 2215. that that matter be deemed a substantial change and the
matter go back to the Boards for rehearing on the lower boards. So, I'd ask that this not only be
deferred, but referred back to the Boards and, if not referred now, we're going to raise this issue once
again at the next meeting and it's going to just end up delaying this project even further, which we're
trying, in good faith, to attempt to cooperate. So, I would strongly suggest that this be referred back
to the Planning Advisory Board.
Vice Chairman Gort: OK. Thank you. My understanding, the...
Ms. Garcia -Toledo: Mr. Chairman, I must put my objection, procedural objection on the record.
They have testified to factual information and not to the issue of deferral.
Vice Chairman Gort: My understanding, this is to be continued?
Mr. Joel Maxwell (Assistant City Attorney): Continued to December the 15th.
188 November 16, 1999
G) @
Ms. Garcia -Toledo: Fourteenth.
Vice Chairman Gort: December the...
Mr. Maxwell: Fourteenth.
Vice Chairman Gort: Fourteenth.
Ms. Garcia -Toledo: December the 14th.
Vice Chairman Gort: OK.
Commissioner Sanchez: Willy, we've got to vote on it.
Vice Chairman Gort: Any further discussion?
Commissioner Sanchez: We've got to vote on it.
Ms. Garcia -Toledo: May we have a time certain?
Commissioner Regalado: Time certain?
Ms. Garcia -Toledo: Five p.m?
Commissioner Regalado: Five.
Vice Chairman Gort: Five p.m.
Ms. Garcia -Toledo: Thank you.
Commissioner Sanchez: We've got to vote on it. It was a first and a second and we didn't vote on it.
Vice Chairman Gort: You accept the time certain?
Commissioner Sanchez: I do what the wish of my colleagues would decide.
Vice Chairman Gort: Roll call.
Commissioner Sanchez: For the defer.
Vice Chairman Gort: For defer, yes. Not to...
Commissioner Winton: The vote to defer?
Commissioner Sanchez: Yes.
Vice Chairman Gort: No, no, no. To continue.
Commissioner Winton: To continue.
Mr. Maxwell: It will show as continued, pursuant to your request.
189 November 16, 1999
�3C }}
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Commissioner Winton: Then, I'm voting to continue.
Mr: Maxwell: That's correct.
Commissioner Winton: Is that a yes or a no?
Ms. Slazyk: Yes.
Commissioner Sanchez: That's a yes.
Mr. Walter Foeman (City Clerk): Yes.
Commissioner Winton: Yes.
Vice Chairman Gort: OK. Thank you.
The following motion was introduced by Commissioner Winton, who moved its adoption:
MOTION NO. 99-877
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ-1 (PROPOSED MAJOR USE SPECIAL PERMIT FOR BRICKELL
BAY VILLAGE APARTMENTS PROJECT AT APPROXIMATELY
2101-2105 BRICKELL AVENUE) TO THE MEETING CURRENTLY
SCHEDULED FOR DECEMBER 14, 1999 AT 5 P.M
Upon being seconded by Commissioner, 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.
I 1 ORANT APPEAL OF NITRAM PARTNERS, LTD., REVERSE ZONING BOARD
DECISION, . GRANT VARIANCE FROM ZONING ORDINANCE 11000 TO. ALLOW
REDUCTION IN NUMBER OF OFF-STREET PARKING SPACES .FOR PROPERTIES
LOCATED AT 289, 297, 301; 311, N.W. 23 STREET, 215, 219, 227, 237, 240, 247, 250, 255,
267, 310, 325; 338, 339, 342, 350 N.W. 24 STREET AND 240, 252, 260, 282, 292 N.W. 25
STREET,
Vice Chairman Gort: OK. Thank you. Excuse me. If you could leave quietly. We still got a lot of
agenda to go through. Appreciate it. Thank you very much. Item 2. PZ-2.
Ms. Lourdes Slazyk (Assistant Director, Planning &c Zoning): PZ-2 is an appeal from a variance,
which was denied by the Zoning Board. What actually happened at the Zoning Board is, it was a
190 November 16, 1999
4�:
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V'
motion to approve, which failed, constituting a denial. The department has recommended denial of
the variance, finding that there is not sufficient hardship to justify the requested variance. This is for
the property you all know as the Pompay.
Commissioner Winton: Known as what?
Ms. Slazyk: The Pompay Furniture. It's located -- the address is long. It's on 25`h Street. Twenty-
fourth and 25`h Street. If you look in your package, there's a map of where the property is located.
The variance is to reduce the number of off-street parking spaces from a requirement of 92 to a
proposal of 42 being provided.
Commissioner Sanchez: Mr. Vice Chair, if I may?
Vice Chairman Gort: Yes.
Commissioner Sanchez: How long has this business been established at that location?
Ms. Slazyk: I don't have the answer to that. The applicant is here. Perhaps, they can respond to that.
Mr. Steve Helfinan: Steve Helfman, for the record. Since 1955.
Commissioner Sanchez: How many employees does it hold? How many employees does it
employ?
Mr. Helfinan: Day-to-day, it varies. It's well over two hundred employees.
Commissioner Sanchez: And the issue is, there's not enough parking and that's what you're trying
to...
Mr. Helfman: For the record, Steve Helfman, 2665 South Bayshore. It's a pretty simple issue.
We're -- there is a proposed renovation of this facility of four million dollars ($4,000,000). In order
to do that, we need to bring this facility up to code. We've been working with the staff for months to
come up with an acceptable plan, and what's happened is we ended up short. Technically, on
parking. But I will tell you that this business has been here for 49 years. There is no parking
problem here. I mean, I know they're worried that there's a parking problem and that, somehow,
we're going to create a parking problem, but we have a business, 49 years of history here. No
parking problem. And, in fact, we've added, as part of our renovations, an additional 36 parking
spaces to a situation where we have no parking problem to begin with. So, the Zoning Board split it.
It wasn't that it was denied. They actually were struggling with this situation. It was a tie vote, and
we ended up having to come to you. There's no opposition. This is a company that's committed to
staying in the City of Miami. They're putting substantial funds into this business. We need to
encourage this.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Let me ask a question. Is there anyone in opposition? Is there anyone in
opposition to this application? OK. I'll now close the public hearings. Comments by board
members. Yes, sir.
Commissioner Sanchez: If I may? They're willing to invest four million dollars ($4,000,000) to
renovate the business?
191 November 16, 1999
Mr. Heifinan: Absolutely. And the plans had been submitted for that approval.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: This is an area within the district. First of all, Mr. Helfman, you're a
wonderful human and you're a great lawyer, but don't get carried away with the facts, please. There
is a parking problem in the general area. This is a very commercial area. A lot of international trade,
a lot of warehouses, a lot of trucks are there all the time. The parking problem that's there is really
because of the semitrailers. This is directly across from the Free Trade Zone, the proposed
Wynwood Free Trade Zone, which is there in the Wynwood/Overtown area exactly. There's a
substantial traffic problem there in that area, and this is where some of the famous clothing places
are. My tailor, Fashion Clothier, is right in that same general area. So — that's a plug, for Fashion
Clothing. So, we shouldn't overstate this. The problem is this. I've taken a very strong position that
we're not going to waive parking shortfalls, particularly, as it relates to residential -- Madam
Director, as it relates to residential quality of life issues. When you have a business that's existed for
some 30 years, 40 years, going on 50 years, that has literally grown, they probably have close to 400
employees, contrary to what you have understated. Many of them are worldwide. Their salespeople
are worldwide. This is a worldwide company, and I think we probably should -- and I would be
pleased that the Chairman would allow me, at the appropriate time, to grant the exemption or the
waiver of parking, primarily predicated on the fact that right across the street is close to 75 to a
hundred parking spaces that's fenced in called the Wynwood Trade Center. I mean, when you open
up all of this and we figure out how to get all this going, there probably won't be as much of a
parking and traffic problem as there is right now, but it's created by some artificial things, largely,
government again, because I'm not sure where we are in that. So, I would move the exemption and,
somehow -- Mr. Attorney, can it be couched on the fact that they complete the renovations and
development or is that free standing? We can't condition it on their overall improvement of the
building. They're making two to four million dollars of improvements.
Commissioner Sanchez: Which is hard, nowadays, to have any...
Commissioner Teele: I mean — and, you know, we need to work with the inner City, you know, in
westward whole kind of people. So, is there any way we can...
Mr. Joel E. Maxwell (Assistant City Attorney): Commissioner, to answer your question, you can put
reasonable conditions on it. And I understand that they have submitted plans, so you can condition it
on compliance with the plans on file.
Vice Chairman Gort: They can volunteer.
Commissioner Teele: It would be conditioned on...
Commissioner Sanchez: Reasonable condition.
Ms. Slazyk: Plans on file, which were submitted by the applicant.
Commissioner Teele: ...the plans on file?
Mr. Helfman: Fine.
192 November 16, 1999
Commissioner Teele: In other words, you don't get to get the exemption and then walk away and not
do the improvement, based upon the plans on file?
Mr. Helfinan: That's a condition that's fully acceptable to us.
Commissioner Sanchez: Second.
Vice Chairman Gort: There's a motion and a second.
Mr. Maxwell: This would be a resolution reversing the decision of the 'Zoning Board and granting
the variance.
Vice Chairman Gort: OK.
Commissioner Teele: Was that a tie vote? Wasn't that a tie vote?
Ms. Slazyk: Yes.
Commissioner Sanchez: Three/three.
Mr. Maxwell: Yes, sir, it was.
Commissioner Teele: And a tie vote is a loser. It means you lose. OK.
Mr. Maxwell: That's correct.
Vice Chairman Gort: Right. So, the resolution is to...
Mr. Maxwell: And the resolution would — I mean, this reso — it would be a motion to reverse the
Zoning Board and grant the variance, as requested.
Vice Chairman Gort: OK.
Commissioner Sanchez: With the conditions attached.
Mr. Maxwell: With the conditions.
Vice Chairman Gort: With the conditions attached. It's been moved and second. Is there any
discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): Aye.
193 November 16, 1999
IS
The following resolution was introduced by Commissioner Teele, who moved As adoption:
RESOLUTION NO.99-878
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING
THE APPEAL AND REVERSING THE DECISION OF THE ZONING
BOARD, THEREBY GRANTING A VARIANCE FROM
ORDINANCE NO. I1000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401,
TO ALLOW A REDUCTION IN THE NUMBER OF REQUIRED
OFF-STREET PARKING SPACES [PROPOSED 42
SPACES/REQUIRED 92 SPACES] FOR THE PROPERTIES
LOCATED AT APPROXIMATELY [11 289, 297, 301 AND 311
NORTHWEST 23RD STREET, [21215, 219, 227, 237, 240, 247, 250,
255, 267, 310, 325, 338, 339, 342 AND 350 NORTHWEST 24TH
STREET, AND [31240, 252, 260, 282 AND 292 NORTHWEST 25"H
STREET, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
M ING DATE TO DECEMBER 14, 1999. '
Vice Chairman Gort: Thank you, sir. My understanding is...
Mr. Helfman: Thank you very much.
Vice Chairman Gort: We didn't have the roll call in changing the meeting from November --
December the 7th to the 14th. So, can we make the motion again, please?
Commissioner Teele: I would so move, Mr. Chairman.
Vice Chairman Gort: It's been moved, that it change from the 7"' to the 14t' of December.
Commissioner Regalado: Second.
Vice Chairman Gort: OK. Moved and second. Discussion? Being none, all...
194 November 16, 1999
1tt4.r{e.
Commissioner Teele: What time was that flow? Did we agree on 9:30?
Vice Chairman Gort: Nine twenty.
Commissioner Teele: Nine twenty for the presentation, 9:30 for the formal meeting?
Vice Chairman Gort: That's correct. All those in favor state by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you. No nays.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-879
A RESOLUTION OF THE MIAMI CITY COMMISSION
RESCHEDULING THE FIRST REGULAR CITY COMMISSION
METING OF DECEMBER RESCHEDULED TO DECEMBER 7, 1999,
TO TAKE PLACE ON DECEMBER 14, 1999 AT 9:30 A.M.;
FURTHER RESCHEDULING THE SECOND REGULAR CITY
COMMISSION MEETING OF DECEMBER RESCHEDULED TO
DECEMBER 7, 1999, TO TAKE PLACE ON DECEMBER 14, 1999
AT 2:00 P.M.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Jae Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
i., vAi A ITON ;AND CLOSURE OF PUBLIC RIGHTOF-WAY AT 790 N.W. STREET.
[applicant; Church of the O61 pen Door]
Vice Chairman Gort: Item 3.
Mr. Jim Kay (Director, Public Works): Item 3, Mr. Chairman, is a public hearing for the vacation
Closure of a 10-foot wide easement in conjunction with the plat of Church of the Open Door. All the
requirements of the Plat and Street Committee and Public Works Department have been met. And
this is right now an unused easement, but it's a platted casement ... platting to vacate the easement.
195 November 16, 1999
Vice Chairman Gott: OK. Do I have a motion? This is to close an unused easement for safety
reasons.
Commissioner Teele: So moved.
Vice Chairman Gort: So, it's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: It's been moved and second. Any further discussion? Anyone in the public to
speak on this item? Show that no one has come forward.
Commissioner Teele: This PZ-3?
Mr. Joel Maxwell (Assistant City Attorney): Yes.
Commissioner Teele: This is three, right?
Mr. Kay: PZ-3, yes, sir.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-880
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND
DISCONTINUING FOR PUBLIC USE THAT PORTION OF A
PUBLIC RIGHT-OF-WAY, BEING A TEN FOOT UTILITY
EASEMENT FOR THE PROPERTY LOCATED AT
APPROXIMATELY 790 NORTHWEST 61ST STREET, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A", ATTACHED HERETO AND MADE A PART HEREOF.
196 November 16, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: That was a resolution, right?
Mr. Maxwell: Correct.
52, VACAfiiON''AND' CLOSURE OF PUBLIC RIGHT-OF-WAY PCIZTION' OF NE. b:
AVENUE AND 7 AVENUE BETWEEN' N.E. 36 STREET TO THE SOUTH AND 195 JUt Iik
TUTILE CAUSEWAY TO THE;NORTH [applicant: Biscayne Bay Tower, LLC]
Vice Chairman Gort: OK. PZ-4.
Mr. Jim Kay (Director, Public Works): PZ-4 also in relation to a plat. It's the vacation closure of
Northeast 6th and 7th Avenues, between Northeast 36th Street and I-195. Also, in conjunction with
a plat known as Biscayne Bay Tower, which is on file in the Public Works Department. We're
looking at about twelve thousand six hundred and seventy-four square feet of right-of-way that's
going to be closed, and all the requirements of the Plat and Street Committee again have been met
and of Public Works Department. These are dead end streets, and the applicant is closing the streets
for a unified development.
Vice Chairman Gort: OK. Thank you.
Mr. Kay: By the way, the applicant -- one of the applicants also is the Florida Department of
Transportation.
Vice Chairman Gort: Yes, ma'am.
Commissioner Teele: Now, is that negative or positive? I'm trying to...
Mr. Kay: No, that's...
Vice Chairman Gort: It depends on their future allocation for road improvements.
Ms. Adrianne Pardo: Hello. My name is Adrianne Pardo, with law offices at 1221 Brickell Avenue.
I'm here today on behalf of Biscayne Bay Tower, LLC, which is the applicant of this particular
property. With me here today is Mr. Felipe P. (phonetic), who is associated with that company, as
197 November 16, 1999
well as the surveyor, Mr. Andrew Connor. We have before you a property that's located on
Northeast 36th Street. We're very excited about it. If it looks familiar, this particular project came
before you on April 27, 1999, just this past year, and you approved a Major Use Special Permit for it,
for 358 residential units and it's 34 stories tall. The proposed Major Use Special Permit, however,
was subject to replatting and we needed to close certain streets. The two streets that we were seeking
to close is a portion of Northeast 6th Avenue and a portion of Northeast 7th Avenue. Both of these
roads are highlighted in red on the survey, and you can also see that both of these roads deadend
directly into 1-95. Therefore, we would not be prohibiting any type of access for these particular
roads. This will allow the project to be developed as a unified site. We would request your approval.
And I'd be happy to answer any questions, if you have...
Vice Chairman Gort: Thank you.
Commissioner Sanchez: Yes. That's Interstate 195.
Ms. Pardo: One ninety-five. Excuse me. One ninety-five.
Commissioner Sanchez: Did you conduct traffic studies? I think the last time that was there was
here some concern on the traffic studies or something. Was this item -- if I recall correctly, there was
some concern with traffic pertaining to this item.
Ms. Pardo: Not that I'm aware of. We did — when we did submit our Major Use Special Permit, we
were required to do a traffic study at that time. But Lucia did handle some of the hearings because I
was out on maternity leave, so — if an issue arose, nobody advised me as to that traffic. But I don't
believe we do have a traffic fix issue here. And on these particular two roads, you can see that they
deadend.
Commissioner Sanchez: And where is Biscayne Boulevard?
Ms. Pardo: Biscayne Boulevard is to the west.
.Mr. Kay: To the left on there.
Commissioner Sanchez: OK.
Commissioner Winton: Is there any neighborhood opposition to this?
Mr. Kay: I'm not aware of any. This is a public hearing.
Commissioner Winton: But there hasn't been prior to this either?
Mr. Kay: I'm not aware of any right now.
Vice Chairman Gort: OK. It's your district.
Commissioner Winton: I'm fine.
Vice Chairman Gort: Make a motion.
Commissioner Sanchez: Make a motion.
198 November 16, 1999
9Y. 1 l;y
3-
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second,
Vice Chairman Gort: Moved and second. Any further discussion? Is this a resolution or an
ordinance?
Mr. Joel E. Maxwell (Assistant City Attorney): It's a resolution.
Vice Chairman Gort: A resolution. All in favor state by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
Ms. Pardo: Thank you very much.
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 99-881
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND
DISCONTINUING FOR PUBLIC USE THAT PORTION OF A
PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF NORTHEAST
6TH AVENUE AND 7TH AVENUE BETWEEN NORTHEAST 36TH
STREET TO THE SOUTH AND I-395 JULIA TUTTLE CAUSEWAY
TO THE NORTH, MIAMI, FLORIDA; AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE
A PART HEREOF.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the 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.
199 November 16, 1999
53. AMEND ORDINANCE NO. 11000, IN ORDER TO ADD SD-12 BUFFER OVERLAY
DISTRICT AT 2725, 2731, 2733 NORTHWEST 6.. STREET — INCLUDE TRAFFIC STUDY AT
THE EXPENSE OF THE APPLICANT: FORTUNE OF THE CHI, INC., FROM NORTHWEST
6"' STREET FROM 281" TO 27TH AVENUE.
Vice Chairman Gort: PZ 5. Second reading. We already passed this. Six, 7, 9, 10, 11. Twelve.
Approximately, 2725, 2731 and 2733, Northwest 6th Street.
Commissioner Regalado: Mr. Vice Chairman, this is in District 4. This is an issue that we sent back
to meet with the administration and he has the approval now of the Planning and Zoning Department,
plus the Zoning Board, recommended approval to the City Commission. We're going to see the
presentation and, then, I have something to add to what the administration has proposed.
Vice Chairman Gort: Item 12
Commissioner Teele: Is there opposition?
Vice Chairman Gort: Yes.
Commissioner Winton: Yes.
Commissioner Regalado: There is opposition, yes.
Vice Chairman Gort: Item 12.
Commissioner Sanchez: There is opposition.
Vice Chairman Gort: Hello?
Ms. Lourdes Slazyk (Assistant Director, Planning): This application is in order to put the SD-12
buffer overlay district on the subject property. Again, what the SD-12 district does is, it allows the
property being changed to be used for surface parking. The SD-12 district requires that that parking
have a wall around it and a landscape buffer along the street, and that no ingress and egress be done
along that property facing residential. Again, the department recommends approval of this solution.
As some of you may recall, this property came before you with a request to change the whole thing
to commercial, and when they came back to meet with the Planning Department, we were able to
find a solution that included the SD-12 overlay so that the whole property wouldn't be changed to
commercial zoning. This allowed them to get their parking without necessarily changing the rest of
the property. We feel that that was an appropriate solution, and the Zoning Board also recommended
approval.
Commissioner Regalado: One thing that I'd like to add, Ana and Lourdes. We need to include in
this motion, if it's approved, a study, a traffic study, in order to -- a street closure. I understand that it
takes about six weeks and that the City will work with the County. Our Public Works Department
will request the traffic study and the street will be closed on the end of the parking. That is, the
people exiting the shopping center will not have access to Northwest 6th Street. It will be a
permanent street closing, and they will exit through 27th Avenue. Ana?
Ms. Slazyk: They have to anyway.
200 November 16, 1999
tijry.a_
Commissioner Regalado: Sixty -- 7th Street. Seventh Street. Exit through 7th Street and also
through 27th Avenue. Is that -- Ana?
Ms. Slazyk: Well, with the SD-12, they're not allowed to exit on that street anyway.
Commissioner Regalado: I know. But just to make sure. Just to make sure that there would not be
people exiting or going the wrong way. That might be the case. There will be signs, but I will also
want to include a traffic study in order to close the street, so any traffic will not go through the west
of Northwest 6th Street, Jim and Ana?
Mr. Joel E. Maxwell (Assistant City Attorney): Commissioner, are you making that -- what you're
making a part of your motion is a direction to staff to initiate the traffic study.
Commissioner Regalado: Exactly.
Mr. Maxwell: With full knowledge that that study will, then, come back and...
Commissioner Regalado: Right, right.
Mr. Maxwell: ... no closure would occurs...
Commissioner Regalado: Right, right.
Mr. Maxwell: ...until a full process occur.
Commissioner Regalado: Right, right.
Mr. Maxwell: OK.
Vice Chairman Gort: And, also, needs a public...
Commissioner Regalado: It's a separate issue, but it's something that will guarantee further to the
residents that no traffic will flow west of 27th on 6th Street. So, it's a separate process but it has been
done. We've done this, here in this Commission, several times, and I just want to include that.
Mr. Maxwell: But this rezoning is not tied to that.
Commissioner Regalado: I am not attaching. This is a separate issue.
Mr. Maxwell: OK, OK.
Commissioner Regalado: Both are separate issues. This is a direction to the administration.
Mr. Maxwell: Yes, sir.
Mr. Jim Kay (Director, Public Works): Can we get the applicant to commit to a traffic study, by any
chance? 1 realize you're saying it's not a part of the issue, but that will cost money.
Vice Chairman Gort: The applicant will have to do it.
201 November 16, 1999
Commissioner Regalado: Yes, yes.
Mr. Kay: OK.
Commissioner Regalado: Yes.
Mr. Luciano Isla: Good evening, Mr. Chairman, members of the Commission, ladies and gentlemen.
My name is Luciano Isla. I'm an attorney at law, with offices at 1790 West 49th Street, Suite 300,
Hialeah, Florida. The answer is yes.
Commissioner Regalado: OK.
Vice Chairman Gort: Why don't you go ahead...
Mr. Isla: And I'll expand on that on my presentation, as well.
Vice Chairman Gort: Why don't you go ahead and make your presentation.
Mr. Isla: Thank you very much, Mr. Chairman, members of the Commission. The last time that the
applicant appeared in front of you was past July die 8th of 1999. At that time, the Commission, after
public discussion and recommendation, recommended that the matter be deferred for further study
and for review and analysis of the proposed plan with the staff and with the neighbors. At that time,
this was the plan that was before you. I did not represent the applicant at that time. I began
representing the applicant afterwards. This plan that the staff objected to; this plan that the neighbors
objected to, at the direction of the Commission, following your advice, a meeting with the staff has
now been scratched and done away with. For the record, Mr. Chairman, I offer a certified copy of
the transcript of that July 8th hearing. In particular, at that time, Commissioner Gort's
recommendation, now Chairman Gort's recommendation, that the offending building, that was a
two-story building that was being planned on the south side of the property, be and that the
commercial activity be part of the Northwest 7th Street area, to the north of the property. To the west
of the property, you have Northwest 27th Avenue, running north and south, with the existing stores
that are there today, the Gross Point Market, et cetera. The revised plan that we offered into the
record at the Zoning Board meeting of October 18, 1999 -- and I now offer those same transcripts for
the record -- have the full recommendation and support of your professional staff. It calls the area in
question -- it's a southern portion of the property, and it calls for a zoning change from R-1 to an
SD-I2 Buffer Parking Overlay District. The northern portion of the property, that is also owned by
Fortune of the Chi, Inc., is already existing C-I . That zoning will not change. The property to the
west, that is also owned by Fortune of the Chi, Inc., is not affected or part of the application. That is
already existing and there are no changes that are proposed. This property, and the southern portion
of it, which is the subject matter of your application today, has now been revamped so that what was
originally proposed to be a two-story building, plus parking and everything coming in and out of
Northwest 7th Street, is no longer there and it is not before you. At the October Zoning Board
meeting, Mr. Chairman and members of the Commission, we proffered what is being delivered to
you today, which is the exact replica of the site plan. It is now a matter of record. It should be in
each of your individual packages. For the record, the comments and the approval of the Zoning
Board and body within them, the approval of each of tiie 10 elements that are part of your Section
20-10 zoning requirements, meaning, that the subject application is in conformity with the Land Use
Plan; it's in conformity with the adjoining neighborhoods, and it is for the betterment of the
neighborhood, among all of the other items. We're here before you with a recommendation of your
professional staff, as well as the Planning and Zoning Board. With me this evening, are the
principals of Fortune of the Chi. Mr. Luis Chi, Mrs. Maria Chi. I'm also joined today by their
202 November 16, 1999
vdt, xy
professional architect, Angel Saqui, by Mr. Joe Chi, who will be speaking on behalf of the family.
At the Zoning Board meeting, Mr. Luis Sabines, the Chamber of the Latin Presen -- Latin Chamber
of Commerce, entered his comments on the record, and I now have also, approving the
recommended changes on the property. More importantly, Mr. Chairman and members of the
Commission, was your mandate to the applicant on July the Wh, and your instructions were "review
the plan with the staff. Meet with the neighbors." Following our meetings with the staff, the
revisions of the plan on September 3, 1999, I hand delivered to Mr. Ruben Avila, the Administrator
of the West Little Havana NET (Neighborhood Enhancement Team) Center, a copy of the site plan
that you have in front of you, at the request of the Chi family. I asked Mr. Avila that 1 forward these
-- that Ire make these documents available to the neighbors that had come fortli on July the 8th, and
that we will be available to meet with the neighbors at their earliest convenience. Mr. Avila met with
the neighbors, but the neighbors did not want to meet with us. Notwithstanding that, Mr. Chairman
and members of the Commission, on October 8, 1999, by UPS (United Parcel Service), I delivered to
Mr. Dennis Rod? to Mr. Alberto Quiroz; to Mr. Hank Deutscher; to Mr. Gunsey, and to Mr. Angel
Naves, all of the neighbors that. we identified, that had spoke in the meetings, were delivered, by
UPS, a copy of the same site plan that each of you have in front of you today, together with a copy of
the Unity of Title that I have put on the record, that has been approved by the City Attorney's Office.
And through that Unity of Title, the subject property cannot be divided into individual parcels. That
property must be taken as a whole and cannot be subdivided. I also included in my letter to all these
neighbors a copy of the SD-12 ordinance, and you have those in your package, explaining to them
that the SD-12 zoning, buffer overlay district, does not change the R-1 zoning. It merely provides for
parking. In I mean, in accordance with your zoning ordinance for the SD-12 buffer parking overlay,
it has to be with an adjoining commercial property. If that property is no longer used for parking, the
zoning will revert back to R-1. I received, through the courtesy of Mr. Hank Deutscher, a reply to of
my letter, who's the only reply that I received. Mr. Deutscher took the time to draw up his concept how the site should look. I advised Mr. Deutscher that his proposed site plan should be reviewed by
the City staff, so that the City staff could make comments on the proposed site plan, just as I have
today. Following the approval by the Zoning Board, I have not yet received the response as to
whether the proposed site plan of Mr. Deutscher has ever been reviewed by the staff or not. I will
reserve two minutes of rebuttal, if I may, Mr. Chairman, at the conclusion of our presentation. I
would now like to introduce the architect, Mr. Angel Saqui, who will expand on the characteristics of
the site plan that is now of record, and I'll answer any questions you may have. He will be followed
by Mr. Joe Chi.
Mr. Angel Saqui: Good evening. Mr. Chairman, members of the Commission, my name, for the
record, is Angel Saqui, Angel C. Saqui, I1, Architect. I'd like to welcome Commissioner Winton. I
H
don't know whether to offer you condolences or congratulatory remarks. Congratulations to the rest
of the Commissioners that were also reelected. I have been a practicing architect at offices 2801
Ponce De Leon Boulevard, Suite 820, Coral Gables, Florida, approximate) about Y now, at 14 years.!
I've also served as expert witness in the courts of law, and I'd like to stand here today and say that this particular site plan meets with all of the Planning and Zoning regulations. I'm also very happy to
say that, from what you saw just a moment ago -- almost hit the rest of us over here when youth threw
it in this direction -- was a plan that we obviously started out with, and working in conjunction with
staff was immediately discredited, and this particular site plan in front of you is something that we're
all very proud of because it was a coming together of what we feel the developer, owner of the
property, and inasmuch as we have been able to work with those around from the community and, of
course, staff. This is a project that was, at one point, approximately 19,000 square feet of product
and has now been reduced to 12,600 square feet. It is a project in which over 75 percent additional`'
green area and open space is brought into the site. In other words, where the landscape area is
required to be 5,667 square feet, we have over 9,900 square feet. We have 42 parking spaces, where
required are also 42. In addition to -- obviously, you have all heard the SD-12 requirements many
203 November 16, 1999
,mar
moons and many times over. We have a 20-foot buffer on the south of the property with a very
nicely, decorative fence proposed. I think there is a misconception, in fact, that there is any kind of
vehicular cross -over from one or the other. In fact, the truth is that the only cross -over from one side
of this property to the other is the public right-of-way that exist there right now. The intent of the
owner is not to have any openings at this point, which is what also has been worked out with staff.
The rest of it, I think, speaks for itself. I'd like to be brief. You have a long agenda still ahead of
you. And should you have any further questions, by all means, I'm here to respond to them. Thank
you very much.
Mr. Isla: Mr. Joe Chi.
Mr. Joe Chi: Good evening, Mr. Chairman, honorable gentlemen of the Commission. Good evening
also to all the staff who have been so helpful in guiding us through this very arduous effort. My
name is Joe Chi. I am here representing my family and Fortune of the Chi, Incorporated, address
2719 Northwest 24th Street, Miami, Florida. First, a little bit of history about us because in order to
know about where we are going, I think a little bit of background on us would be incumbent at this
point. We came from Cuba in 1960, about 40 years ago, with little more than the clothes off our
backs. We escaped the clutches of world communist domination for the second time in this century.
Our first time was from China to Cuba during the 1940's. That was during my grandfather's era.
Once here in 1960, my father washed dishes, cooked at restaurants for many years, until 1965, when
the family was able to save enough money to open a small restaurant on Flagler Street and 12th
Avenue. Then, around 1960, we opened a small grocery store in the Allapattah area on Northwest
27th Avenue and 26th street. In 1977, about 22 years ago, we started Maxims Import Corporation in
the same area, on Northwest 24th Street and 27th Avenue. Today Maxims Import, we are proud to
say, deal on domestic, as well as the international level, in the trading distribution of seafood, meat
and poultry. It is a company that grosses more than twenty-five million dollars ($25,000,000) a year
and we employ about 50 individuals, and many of them from the City of Miami, on a full-time basis.
It has been a lot of hard work and a great deal of sacrifice. However, we are eternally grateful to the
City of Miami for giving us the opportunity to achieve the American dream. My reason for being
here today is to explain why we need your help. My family and I have invested over a million and
half dollars to purchase the subject property. We've invested thousands of dollars in architectural, as
well as attorney's fees. We have staked our reputations and our pocketbooks, behind the City of
Miami, in order to see this project succeed. Of course, we, as businessmen, are also hoping for a
decent return in exchange for risk -taking and hard work. However, we also expect to improve the
neglected, commercial environment in this area, which has caused this neighborhood to decline. We
also expect to contribute more to the tax rolls, which is significant when you consider the precarious
financial state of the City of Miami today, although it is improving, I heard. We have taken the
effort. We have spoken to the neighborhoods. I've had direct meetings with the -- in the
neighborhood, directly facing neighborhood, the neighbors on a face to face basis, who, they may or
may not agree with this project. Perhaps, they are afraid because they do not know of our reputation
for integrity. We've been in this town for over 40 years. A lot of people know us and how we
operate. We have also spoken to local leaders, like Mr. Luis Sabines, the president of CAMACOL
(Latin Chamber of Commerce of USA), who was just mentioned here before, who happens to have
7th Street -- Northwest All Street, which borders the north part of our shopping center named after
him. He has known us for many ,years, and he was here to vouch for our integrity. He wasn't feeling
too well, so lie had to leave early. We've also spoken to Mr. Anthony Rivas, the Executive Director
of the Little Havana Development Authority. It's an organization dedicated to the improvement of
the Greater Little Havana area. He has endorsed our project before the Zoning Board. It's within the
Zoning Board record. We also have had several small newspapers, neighborhood newspapers,
endorse us in this effort: Libertad News, El Universal News. These are neighborhood newspapers,
which from actually distributed within the area of this neighborhood. They have endorsed this
204 November 16, 1999
project. What they have said is, our project is a much anticipated effort in the right direction for the
revitalization of Little Havana. We believe that there is potential for this site and we are willing to
make a large investment of approximately one point five to two million dollars, in addition to the
acquisition price of one point five million dollars ($1,500,000), which we have already spent, making
the total investment to be approximately three to three and a half million dollars in this
neighborhood, and in the City of Miami, again. We just hope that you will support us and will help
us to send the right message to other potential investors who want to come to the City. We bought
this site because we're not willing to abandon, as a lot of people have, the City of Miami financially
or commercially. We are planning to invest much more money to do a great job because not doing a
great job will be absolutely detrimental to our reputation in this town and also to our track record.
Again, I ask you, on behalf of my family, please give us your support. We have carefully
incorporated all your suggestions from our last meeting and we have worked diligently with the
City's Planning Department to incorporate your input, as well as the neighbors, into a win -win
situation, this means residentially, as well as commercially. We are proceeding with this project in
accordance with the rules and recommendations of the Planning Department and also with full
approval of the Zoning Board from the previous meeting. We also own other properties and operate
a hardware and construction material store right across the street from this site. We are part of the
neighborhood. Our financial faith will rise and fall with our neighbors. We are not anonymous
investors. We are stakeholders, who are truly invested in this process of commercial and
neighborhood revitalization. Finally, for this project we place ourselves and our common faith in
your hands and our resources at the disposition of the City of Miami. I would like to thank all of you
for giving us the opportunity to present our case today. Thank you.
Vice Chairman Gort: Thank you. We'll now hear from the opposition. Then, you get a few minutes
for rebuttal later on.
Mr. Isla: Thank you very much, Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Mr. Dennis Rod: I am citizen Dennis Rod and, once again, we're here, due to the situation of the Mr.
Luis Chi, that I could be wrong...
Vice Chairman Gort: Address, please.
Mr. Rod: I could be wrong but I think...
Vice Chairman Gort: Excuse me. Your address, please.
Mr. Rod: Oh, 2759 Northwest 6th Street, Miami. I think that he may be the Vice President of the
CAMACOL or something of that nature. He's going to reply, I think. But, nonetheless, the
neighborhood is not in bad shape. Only his two first homes are in bad shape because he let them be
in bad shape. I have lived there all my life. I've gone through school. I've gone through the Army.
And we also -- and I want to make sure that everybody understands this. We also came from Cuba
and my father, who happens to be here, was a millionaire. We lost everything to Communism. So, I
don't see what one thing has to do with the other. I do want to let everybody know here that we have
nothing against anybody here, but I represent the neighborhood because I've lived there all my life.
If I have the money to move out, yes, of course, I do have the money, but we don't want to break up
Street 6. It's not the fact that they're making it a parking lot. It's the fact that they're breaking up my
street. I've lived there. And when 1 say this, I want to make sure that everybody understands that I'm
talking on behalf of a lot of angry neighbors here. It's not the fact that they change commercial to
205 November 16, 1999
4
residential or residential to commercial. It's the fact that they want to break up this street. Now, if
they do accomplish in breaking up this street, what's going to happen? They're going go ahead and
close this street, so we have a broken up street with a closed street.. We don't want that to happen.
We want every profits to the City of Miami, but we don't want to break up our neighborhoods
because we've lived there all our lives. I have come to this place on many occasions, not as a
politician, for I'm not. I have come here to beg and knock at doors, and I've met with a few of you,
and some of you I've left notes and I don't even know who they are. And I've gotten stands, always
stamp. We don't want to break Street 6. We don't want no change there. We want those homes, that
he has let them go down or dilapidated, be fixed and rented or sold. But we just want to have it the
way it was. I do want to mention one thing. Back in 1962, when that old Kentucky Fried Chicken,
which just closed two weeks ago, I was in a buy school. I met Colonel Sanders. He was giving me
snacks, so I could give the neighbors, myself and the kids across the street. I don't want to have
anything changed. I don't want to move to Coral Gables. I don't want to move anywhere. We just
want our street to be intact. This is our home. And I beg of each one of you to consider what I'm
saying. I'm talking on behalf of a lot of angry neighbors, not at Mr. Chi or his family. We don't have
anything against them. We just don't want to break up Street 6 for a parking lot, for the benefit of a
building or a shopping mall. We are fed up with shopping malls. Look at what happened in Coconut
Grove. Maybe they can do this. Maybe some place closer to the East Little Havana area. That place
is quite dilapidated. I mean, that is a suggestion. I'm not trying to tell you what to do. But, again, I
beg of you to understand. It's not me. I'm talking on behalf of a lot of old neighbors, who have lived
there since 1960, 19 -- the lady across the street from my house, she's been there since 1937, OK?
So, she cannot come over here today because she's very ill. Of course, she's 89, and her brother is, I
think, 86. Eighty-six? So, therefore, I beg of you to understand, it's not myself. I'm only one person.
I'm only representing a lot of angry people, who do not care to break up that street and have all this
traffic go on 28th Avenue or enlarge 28th Avenue so, therefore, you can have access to the
auditorium, to the mall, to the bank. We just want to keep it the way it is. Thank you. (Applause).
Vice Chairman Gort: Let me ask a question of staff. I keep hearing about the widening of 28th
Avenue. You know, this is something that -- I understand, that's been going around, that 28th
Avenue is going to be widened. Is Public Works here?
Mr. Slazyk: Yeah. We need to find Public Works.
Commissioner Regalado: What is the widening of 28th Avenue?
Vice Chairman Gort: Well, he just made the statement, and my understanding in the presentation
that's been made to the neighbors, that 28th Avenue is going to be widened, if this was to go through.
Commissioner Regalado: It's not possible. It's not -- I have seen all the plans in the area and it's not
in the...
Vice Chairman Gort: [just want to make sure and I want to put it on the record.
Commissioner Regalado: No, no.
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: I...
Vice Chairman Gort: Excuse me.
206 November 16, 1999
i
Commissioner Regalado: Oh. No, no. Go ahead.
Mr. Hank Tentschere: My name is Hank Tentschere. I'm speaking on behalf of my father-in-law,
Hal Gunsey. He lives right opposite this new project or what is being proposed. He lives on 2730
Northwest 6th Street. Myself, I live on 15760, 150th Avenue, Southwest. Number I -- let's see
where we start. OK. Endorsements in free magazines we can all get very easily -- if we do some
advertising in them, they're free, given to you anywhere you go. Dr. Saab is wherever you go. That's
number one. Number two. They're talking about this Unity of Title. Now, the Unity of Title is
talking about six lots, which is one, two, three, four, five, six. Presently, there are two lots, 27/30 and
27/32, which are these two lots over here, which are blacktopped parking lots. Why is it parking
lots? Because the existing stores would otherwise only have approximately 22 parking spaces,
which, by far, would not be enough, as this today, at peak periods -- and let me pull a quote here
from the Fortune of Chi statement in June of 1999. "One of the problems anticipated by our
planning team and also brought to light by the recent zoning meetings has been the lack of adequate
parking at the present shopping center, which has caused an improper overflow of vehicles during
peak periods into the residential area." Now, in the first plan, we were looking at approximately 90
parking spaces on those plans that were thrown in the garbage and didn't pass. Now, we're actually
looking at 22, which we still have none in the back of the existing property, and 42 here. My
mathematics says, we're now looking at 64 parking spaces for the whole project. This building that
requires 42 parking spaces is smaller than the existing building. So, where are the people going to
park? It's very simple than to park in 6th Street, isn't it? We'll have to, if we want to do business
over here. So, by creating a Unity of Title, we're actually losing parking for the existing building.
That has been taken away. That has just been off the board. When I addressed that last time when I
see this gentleman, that was a non -subject. That was not to be discussed. Because my proposal, that
they talked about and that they were going to send to the Planning Board, there was never told me --
to me that they was going to brought to the Planning Board. I sent it as a compromise that the
neighbors had come up with, that was maybe open for discussion. I'm not an architect. I'm just a
"simple Joe", trying to do something by giving maybe one lot to Mr. Chi and see what he could do.
On the last meeting that was in June -- sorry. Chairperson Gort, you mentioned that the principals
should meet with the neighbors. You directed them to do that. Well, that was kind of impersonal. I
have not too much to talk to the UPS man when he delivers a package to me. I was the man that
responded to them -- after I had talked to the rest of the neighbors at Mr. Avila's office, who, by the
way, at the time in June, said "You can't take half a block away for a parking lot or a building and put
a building in there where houses have been for years." And three months later, suddenly, Mr. Avila
says, "Go right ahead. Do it. It's OK with me." Things happen very strangely. Also, Mr. Regalado,
you told, in "The Miami Herald" of June 24th, in Neighbors Section, "They need to address the
traffic problem if they come here. They need to express the traffic problem. If they come here with
the same plan, then I have a problem." Well, in the old plan there was no exit period onto 6th Street.
It was completely closed of On the new plan, we got an alleyway, that is existing, granted -- that is
existing, and it still opens up to 6th Street. So, I guess, they got a problem. Basically, in closing, I
cannot offer you, Mr. Luis Sabines, who I respect as a person. I cannot offer you, Mr. Rivas. But I
can offer you, Mr. Ralph, Sr. and Jr., who has lived there for 35 years. I can offer you, Mr. Naves,
who have lived there for 29 years, I believe.. Mrs. DeArmaS, who has lived there for 28 years. And
my father-in-law, who has his birthday today, and has lived there for 29 years. The outpouring of the
neighborhood about this plan, I think, says a lot more than some gentlemen, who are very respectful
gentlemen from major organizations, but who do not live in that neighborhood. So, give the people
back their neighborhoods. Mr. Chi came in as a speculator and as a speculator, you take risks. It can
go yes and it can go no. I, respectfully, ask you, say no to him and let him go elsewhere. Let him
sell the -- I said, let him sale or rent the properties that he has existing there. He probably could sell
them -- he would have to take a loss, but that's the chance you have to take in life. Because he said,
you have to take a chance. Thank you very much. (Applause)
207 November 16, 1999
Vice Chairman Gort: Thank you, sir. Next? Anyone else? Anyone else?
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: OK, sir, you've got a few minutes for rebuttal.
Mr. Isla: Mr. Chairman, before I go, Mr. Mariano Cruz has asked to speak. If he could talk and,
then, I'll rebuttal.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I stay here because I saw the Chi or
the family. I know Joe Chi. I know the family. The grocery store on 27th Avenue, Estrella, name of
that too. And I know -- I'm going to talk about the integrity of what lie say. Working people that
invest their money in Miami. And also, besides that, is one of the few people I know that takes time
to be member of the board of the -- advisory board of Melrose and be in time Empowerment Board
too -- on Melrose by the way -- we have a meeting next Thursday. So, very seldom you see people,
business people, being -- I mean, when they close a business, they go home to whatever. Pinecrest,
you know, Coral Gables, and leave. They don't bother with... bike Jackson or this place, that place
where people go to make money and leave. Well, Mr. Chi, lie wants something good for...
community is something good for the community. And also, by the way, I see, when big
corporations -- when Republic comes, Republic Bank came and bought all that property, Northwest
1st and 2nd Street, nobody said anything. They rezoned the whole block there and you can see right
there. Monpetit, the restaurant. I mean the nightclub. Thirty-two and 7th, they built houses because
the people were parking all over the place. The grass all over the place there, like that. They
rezoning there. And I know time neighborhood because I took my children to Dr. Galetthe (inaudible)
515, 27th Avenue. I used to go to Pizza City, 27 and 7. Time Jim Bar, 27 and 7, before there was a
Shell Gas Station there. So, even -- like somebody mentioned, tlmis is not to be the neighborhood
parochial The same thing, when they rezoned something in Jackson for nine Hundred car garage and
people say, "It's for the benefit of the whole community." Even if it impacts my neighborhood,
right? So, there is going to be for the benefit of the whole community, of the whole City of Miami.
But even if it impacts neighbors or whatever, because... nothing in my back yard. Because whatever
they do there on 12th Avenue is impacting my neighborhood, but it has to be done for time benefit of
the whole City. We don't live in vacuum places. We live in the whole, the total community.
Vice Chairman Gort: Thank you, sir.
Mr. Cruz: Thank you. (Applause)
Mr. Isla: On rebuttal, Mr. Chairman, it should be noted on the first speaker, Dr. Dennis Rod, he --
Dr. Rod lives approximately two homes away from the eastern -- correction, western most boundary
line here. The backyard of Dr. Dennis Rod, the backyard, along 27th Avenue, backs into a 24 hour,
drive banking facility. Dr. Rod did not object that his backyard goes into a 24-hour a day
banking facility. Dr. Rod, who received a copy of the site plan; failed to mention that the subject
entryway here is a City of Miami alleyway. It was not designed as part of this proposal. It is here.
The City of Miami's staff, we asked them, should we -- let's close that. They said, "No, you cannot
do that because that's an existing alleyway of the City of Miami." We cannot touch that. Although,
the reason why the existing shopping stores, along 27th Avenue, have no parking is because when
27th Avenue was being widened, all the parking for those stores was taken away. Yet, the Chi
family has stayed with their commercial property and not abandoned it. This proposal, unlike the
second speaker, exceeds the landscaping requirements, fully meets all of your parking requirements.
There are no variances or exceptions that are being requested by this site plan. There are no
208 November 16, 1999
conditions that your staff is placing on this site plan application because they fully meet your SD-12
buffer overlay. What better respect can we have for our neighbors, and Mr. Deutscher's
father-in-law, Mr. Gunsey, who also received a copy of my letter and who lives across the street
from this area, to see that there is an 80 foot buffer before the parking area begins and that contains
the landscaping buffer, plus a CBS wall buffer.
Vice Chairman Gort: Mr. Isla, your time is up.
Commissioner Sanchez: How much is the buffer?
Mr. Isla: The buffer, sir, is a -- there's a 20 from -- as you will see on your site plan.
Commissioner Sanchez: It's not on here.
Mr. Isla: There's a 20-foot landscaping buffer, Commissioner Sanchez, along 6th Street.
Vice Chairman Gort: Mr. Isla?
Mr. Isla: Yes, sir.
Vice Chairman Gort: Your time is up, sir.
Mr. Isla: I'm answering the question, sir.
Vice Chairman Gort: Your time is up, sir.
Ms. Slazyk: I need to make...
Vice Chairman Gort: Lourdes. Yes.
Ms. Slazyk: ...a clarification for the record. You said that there were no exceptions being requested.
Today's request is to get the SD-12 overlay designated on the property. In order to actually use the
SD-12 for the access for the parking, they would have to comeback for a special exception. So, you
will need one. Tonight's approval isn't your special exception approval.
Mr. Isla: Correct.
Ms. Slazyk: At that time, it would go to the Zoning Board and the Department would be able to
make any other recommendations or conditions, in addition to everything we've already done in
working with you to develop this plan.
Mr. Isla: Mr. Chairman, just a question to the staff.
Vice Chairman Gort: Yes, go ahead.
Mr. Isla: And having proffered this site plan, then, it would need to be consistent with the site plan
that's on the record today.
Ms. Slazyk: If you're proffering that in the forn of a covenant, you would have to be. If not, when
YOU apply, staff will be doing its review and recommendation at that time.
209 November 16, 1999
Mr. Isla: Mr. Chairman, it was proffered at the Zoning Board hearing and it should be part of all the
packages.
Ms. Slazyk: OK.
Vice Chairman Gort: My understanding, what you're saying is, in order for them to do anything else
here, if this is approved, it's got to come back to the department...
Ms. Slazyk: Yes. They can't...
Vice Chairman Gort: It's got to go over -- OK.
Ms. Slazyk: Yeah. They can't even use the SD-12 without going back through another public
hearing process before the Zoning Board.
Vice Chairman Gort: Thank you.
Mr. Isla: Thank you.
Commissioner Regalado: OK.
Vice Chairman Gort: We'll now close the public hearings.
Commissioner Regalado: Mr. Chairman, this is in District 4. We've been dealing with this since
July. On the first meeting here, the Commission, we sent this back. They have come back with
something that the staff has approved, also the Zoning Board. But, also, as part of this issue, we have
requested that a study be made in order to close the area, to avoid traffic going west from the
shopping center. Lourdes and Ana, is it easier to close the alleyway or to close the street? What
would you -- the thing is not to have -- Jim, not to have traffic from the stores, from the shopping
center, going west. Some of the neighbors have told me, just a few minutes ago, that they would
rather have the street closed when this center is workable. Now, the applicant has agreed to do the
traffic study. What would you recommend in terms of closure, the alley or the street?
Mr. Kay: If there...
Vice Chairman Gort: Neither one.
Mr. Kay: ...was a way to close the alley, I would recommend that...
Commissioner Sanchez: You can't.
Mr. Kay: ...and the alley only. The street closure involves -- is a process for the street closure, which
is really...
Vice Chairman Gort: Yeah. You can't.
Mr. Kay: ...outlined in Chapter 54 of the City Code, which requires public hearings and, in generally
-- also, it goes only as a recommendation to the County. The County ultimately makes a decision on
the road closure.
Commissioner Regalado: Right.
210 November 16, 1999
EN
0
Mr. Kay: And it requires a -- like a 75 percent approval of the neighborhood affected.
Commissioner Regalado: Right. But it -- I mean, we have done that. I mean...
Mr. Kay: We have. But I can tell you, the rules have become a lot stricter since we did it last.
Commissioner Regalado: OK. We're still going to do the traffic study.
Mr. Kay: Right, let's do a traffic study.
Commissioner Regalado: That is part of this motion. So, Mr. Chairman, I move to approve.
Mr. Maxwell: Commissioner, if I may? Could I suggest to you that you have that as a separate
motion?
Commissioner Regalado: I did. And I don't know if we voted on it, but...
Mr. Maxwell: No. I mean, after you — either you take it as a separate motion now...
Commissioner Regalado: It's a separate motion, yes.
Mr. Maxwell: ... and then vote on that item but keep it separate from the item in front of you, at this
point.
Commissioner Regalado: Yeah, I know, I know.
Mr. Maxwell: OK.
Commissioner Regalado: Mr. Chairman, I move to approve Item 12.
Vice Chairman Gort: There's a motion to approve Item 12. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Second. Discussion?
Mr. Maxwell: An ordinance of the Miami City Commission amending page number — I'm sorry.
Vice Chairman Gort: Discussion? Mr. Winton.
Commissioner Winton: Could I ask a couple of questions, if you don't mind?
Vice Chairman Gort: Go right ahead.
Commissioner Winton: I would like to know what the land use is for the property adjacent to the
proposed building, which is, I guess, to the west of the proposed building -- the west of the proposed
parking lot, and what's on the south side of Northwest 6th Street? What are the current lane uses for
those properties?
211 November 16, 1999
Ms. Slazyk: All of the property that fronts 7th Street, which is the north, where the building is going,
the actual commercial building, all of that is restricted commercial, which is C-1.
Commissioner Winton: On northwest 7th Street?
Ms. Slazyk: On Northwest 7th Street.
Commissioner Winton: Going west?
Ms. Slazyk: That's right.
Commissioner Winton: OK.
Ms. Slazyk: Now, west of the subject property, along Northwest 6th Street, it's all designated R-1
single family, residential. And the request tonight is to keep the R-1 there, but to add the SD-12
overlay, which allows you to use R-I for surface parking.
Commissioner Winton: And how about on Northwest 6th Street on the south side?
Ms. Gelabert: It's all R-1 single family residential.
Vice Chairman Gort: Commercial with the Kentucky on 27th Avenue.
Ms. Slazyk: Right. And on 27th Avenue, it's all C-1 restricted commercial.
Commissioner Winton: Yep. Got it.
Vice Chairman Gort: You got a question?
Mr. Isla: No.
Vice Chairman Gort: Any further discussion? OK. Call the roll. Roll call.
Mr. Maxwell: I have to read...
Vice Chairman Gort: You have to read?
Mr. Maxwell: Have to read it.
Vice Chainnan Gort: Roll call.
212 November 16, 1999
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING PAGE 33 OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, ZONING
ORDINANCE OF THE CITY OF MIAMI FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULED DISTRICT
REGULATIONS BY ADDING SD-12 BUFFER OVERLAY
DISTRICT FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 2725, 2731 AND 2733 NORTHWEST 6TH
STREET; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Regalado, seconded by Commissioner Teele, and was
passed on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: *Commissioner Joe Sanchez
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.
[*In agreement, though absent]
Mr. Maxwell: Commissioner Regalado, your motion.
Commissioner Regalado: My motion is to direct the administration to do a traffic study on
Northwest 6th Street from 28 to 27th Avenue.
Commissioner Winton: Developer.
Commissioner Sanchez: City Clerk, yes.
Ms. Ana Gelabert (Director, Planning): Excuse me. Could I ask, is that the costs going to be by the
administration? I believe Jim Kay was saying...
Commissioner Winton: Traffic study paid for by the developer.
Ms. Geiabert:... the applicant would be...
Commissioner Regalado: I'm sorry?
Commissioner Winton: Traffic study funded or paid for by the developer.
213 November 16, 1999
Commissioner Regalado: Paid by the developer. They agreed to, right.
Ms. Isla: Yes, yes. Thank you very much, Mr. Chairman, members of the Commission.
Commissioner Regalado: It's a motion, Mr. Chairman.
Commissioner Teele: Second.
Commissioner Sanchez: There's a second on the motion?
Commissioner Regalado: Yeah.
Commissioner Teele: Second on the motion for the traffic study that's acceptable to the Department.
Vice Chairman Gort: OK. Any further discussion? Being none, all in favor, state by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.99-882
A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT
THE DEPARTMENT OF PUBLIC WORKS TO CONDUCT A
TRAFFIC STUDY, ACCEPTABLE TO THE PLANNING
DEPARTMENT, OF N.W. 6 STREET FROM 28 TO 27 AVENUES;
FURTHER STIPULATING THAT SAID TRAFFIC STUDY IS TO BE
PAID BY PROPOSED DEVELOPER OF SAID PROPERTY (LUIS
CHI FOR FORTUNE OF THE CHI, INC.)
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.
Commissioner Teele: Mr. Chairman, I just would like to say that, when this came before, it was
really unacceptable and I just hope that the neighbors understand and appreciate that the developer
has really tried to make an effort. And I think that, with the traffic study, most of the problems will
be resolved and if they don't -- if they're not resolved, then, we certainly would like to hear back from
the residents. But I think this really represents a tremendous improvement, and I commend the
developer and the staff very much for working for a much better plan.
214 November 16, 1999
Vice Chairman Gott: I think it's very important to understand also that the mixture...
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Teele: I apologize about one thing. I know that you made a reference to the fact
about the cost of the -- and we really can't get into that, but you do have a very good attorney and I
compliment the attorney for the work that he's done as well.
Mr. Isla: Thank you very much. Thank you all very much. Thank you, Commissioner
Vice Chairman Gort: Excuse me. I think it's very important to understand that the residential area,
as well as the commercial area, if you let a commercial area deteriorate, the residential, in turn, will
deteriorate also. Unfortunately, the biggest problem we have within that area, when 27th Avenue
was widened and all the parking was taken off of 27th Avenue, a lot of the businesses there suffered
quite a bit. And I tell you, because I go to Tasty's Bakery all the time and I had a lot of problems
parking in there.
Unidentified Speaker: It's only going to get worst.
AMEND
n-AY D1—UNING ORDINANCE 11000 TO ADD
RI ISTRICT AT 2167 SOUTfi BAYS140M DRIVE:
Vice Chairman Gort: Item 13.
Ms. Sarah Eaton: Mr. Vice Chairman, members of the Commission, Sarah Eaton, Preservation
Officer for the City. This is an application to apply the historic preservation overlay district to Vila
Woodbine, which is located on South Bayshore Drive. The intent of the historic overlay district is to
allow certain adaptive uses for historic properties that otherwise may not be preserved without such a
use. One of the most significant characteristics of Vila Woodbine is its setting. It's characterized as a
large estate on the top of the lime stone bluff on South Bayshore Drive. The size of the property,
however, would allow Vila Woodbine to be subdivided into many single family lots or a planned
unit development; thereby destroying the setting and detracting from the historic and architectural
character of the entire property. We feel that the only means of assuring the preservation of the
historic building and its site is to allow an adaptive use. Without such a use, the building and/or its
site will likely be redeveloped. The proposed use of the subject property as a private club will run
with the preservation of the historic building, not the land. If the building is destroyed, the use will
no longer be permissible. Because the application of the HP (Historic Preservation) overlay is tied to
the preservation of the historic building, the approval will, in no way, set a precedent for similar uses
on South Bayshore Drive. We, therefore, recommend approval of the overlay.
Vice Chairman Gort: Thank you, ma'am. Is anyone here in opposition to this item? Is anyone here
in opposition to this item? Shows there's no opposition. Sir, do you want to add anything?
Mr. Gilberto Pastoriza: I just...
Vice Chairman Gort: Thank you, sir. This is your district.
215 November 16, 1999
Commissioner Winton: I move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second, Mr. Chairman.
Vice Chairman Gort: OK. Any further discussion? Is that an ordinance or a reso...
Mr. Joel Maxwell (Assistant City Attorney): It's an ordinance.
Vice Chairman Gort: Will you read the ordinance.
Vice Chairman Gort: Thank you. Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE
45 OF THE ZONING ATLAS OF ORDINANCE 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY ADDING
HISTORIC PRESERVATION DISTRICT FOR THE PROPERTY LOCATED
AT APPROXIMATELY 2167 SOUTH BAYSHORE DRIVE, MIAMI,
FLORIDA; 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:
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 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: By the way, Mr. Pastoriza, are you a registered lobbyist?
Mr. Pastoriza: Yes, sir. Yes, sir.
Vice Chairman Gort: OK. Thank you. I just want to make sure.
216 November 16, 1999
K5NAVCty , AtvMND Ztr
ffbISTRICT AT 3633,
Vice Chairman Gort: Fourteen.
uvv ORDINANCt I I000- Tb ADD St)-
t t AND 366
Ms. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ-14 is a request to add the SD-12
Buffer Overlay District to the properties at 3633, 3653, 3661 and 3665 Southwest 22nd Terrace. The
Department recommends approval, and it was also recommended for approval by the Zoning Board.
Again, this is to use the property for surface parking in conjunction with a proposed development on
Coral Way.
Commissioner Regalado: Excuse me. I think that we approved several months ago, a resolution that
said that anything pertaining to anybody's district, in terms of zoning, should be informed — or the
Commissioner should be briefed. I didn't know about this, although, I'm not going to defer because
I think that the policy of deferral is wrong, in my case. I know this area. This is District 4. But what
is the purpose of this? Why we're not being briefed on this, Lourdes? I mean...
Ms. Slazyk: I'm sorry. I wasn't aware about the briefing, but I could explain it now. This proposal
is to unify this property with the property on Coral Way, and it is an order to put an extended stay
hotel. Again, like the previous pro...
Commissioner Regalado: An extended what?
Ms. Slazyk: An extended stay hotel with surface parking in the rear. Like the previous case, in order
to actually utilize the SD-12, the applicant will be coming back before us with a Special Exception.
At that time, we'll be able to review the entire set of plans, including the landscape plan.
Commissioner Regalado: This is — where is this, next — across from the Blockbuster? Is it in the
back of the restaurant?
Mr. Gilberto Pastoriza: For the record, Gilberto Pastoriza. It's right next to Havana Vieja. On the
west side of Havana Vieja Restaurant.
Vice Chairman Gort: Excuse me, sir. Will you state your name and address for the record, please.
Mr. Pastoriza: Gilberto Pastoriza, 2665 South Bayshore Drive, Suite 420. This is immediately west
of Havana Vieja Restaurant and goes four lots to the west. One lot next to Blockbuster.
Commissioner Regalado: It's all now shacks...
Mr. Pastoriza: What you have in the back, you have 20 lots in the back, which is the subject of SD-
12...
Commissioner Regalado: Right. Right,
Mr. Pastoriza: ... and two panel — very old houses.
Commissioner Regalado: Right.
217 November 16, 1999
Mr. Pastoriza: And, then, in the front you've got some -- you know, some commercial, which is...
Commissioner Regalado: Right. I know.
Mr. Pastoriza: ... in a...
Commissioner Regalado: So, what's the purpose? Demolish that?
Mr. Pastoriza: Right. The purpose is — and you can see it on the bottom — on the bottom you'll see,
this is going to be an extended stay hotel on the C-1 portion of the property, which is the portion
fronting Coral Way. And, then, on the rear lots is surface parking for the extended stay hotel.
Commissioner Regalado: What the fronting in Coral Way is, is it a plumbing business, a time share?
Mr. Pastoriza: I think it's next to — right next to a plumbing is a restaurant. Is the old there's like a
little restaurant in there.
Vice Chairman Gort: Some old smoke bakery and...
Commissioner Sanchez: Argentina.
Mr. Pastoriza: Argentinan restaurant, which is now, I think, Italian restaurant.
Commissioner Regalado: Italian.
Mr. Pastoriza: Used to be the old El Rincon Argentino.
Commissioner Regalado: Right.
Mr. Pastoriza: And now — and there's also like a...
Commissioner Regalado: A ballet.
Mr. Pastoriza: ...antique shop. It's like an antique shop also in there. I mean, it's like much, much of
commercial.
Commissioner Regalado: Record shop. That is going to go away?
Mr. Pastoriza: That is going to go away. And, then, on that site, on the front, you're going to have
the hotel, and the parking on the rear.
Commissioner Regalado: OK. I move to approve.
Vice Chairman Gort: OK. 'There's a motion to approve. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: OK. Motion. Any further discussion?
Yes, Johnny.
218 November I6, 1999
4HA'
I
Commissioner Winton: Yes, please. 1 can't see from here, but what -- I guess that's on the lower -- at
least from my vantage point, the lower red line.
Mr. Pastoriza: Yes. This is the property.
Commissioner Winton: No, that's the upper. Go to the lower red line. Right there.
Ms. Eaton: Right in there.
Commissioner Winton: What's on the other side of the street from that?
Ms. Eaton: OK. There's R-2.
Commissioner Winton: So, those are single family or multi -family?
Mr. Pastoriza: They are duplexes.
Commissioner Winton: I'm sorry. Duplexes?
Mr. Pastoriza: Duplexes, right. All this whole -- this whole street right now is starting — you have the
Boston Market here on the corner.
Commissioner Winton: Yeah.
Mr. Pastoriza: The Boston Market is on the C-1, parking is on the south half. Then you go to the
Havana Vieja Restaurant, which is on the C-1, parking on south half. Then you'll have our property,
which is going to be the hotel on C-1 and parking.
Commissioner Winton: I'm more interested in what the residential adjacent properties are, not the
commercial adjacent properties.
Mr. Pastoriza: They are R-2, sir.
Commissioner Winton: And I want to make a point about that. Rezoning residential properties and
turning them into commercial properties in this City, that are adjacent to residential neighborhoods,
have lead significantly to the downgrading of neighborhoods all over this City. And my apologies,
Commissioner Gort, but, philosophically, I believe that commercial follows residential, not the other
way around. And it's the strength of our neighborhoods that leads to the need for good, strong
commercial development. And if we allow commercial development to encroach into our
neighborhoods, into our single family neighborhoods, then we run the risk at eating away at the
neighborhood, which is what destroyed the tax base in this City. So, that's the reason I asked the
question. Now, we do have R-2, which is duplex zoning, which is a little higher density, so that
makes me not quite as nervous. But, Commissioner Regalado, if that were R-I zoning with good
single family residential neighborhoods on the south side...
Commissioner Regalado: Absolutely.
Commissioner Winton: ... I would be going the other direction here
Commissioner Regalado: Absolutely.
219 November 16, 1999
Vice Chairman Gort: Thank you.
Mr. Pastoriza: Thank you.
Vice Chairman Gort: Commissioner Winton, on the east and west side of the property there all —
already parking structures that's been there.
Commissioner Regalado: The problem is that on 22nd Terrace, what you have is the back of Boston
Market; the parking lot for Havana Vieja Restaurant, and then you have L1vo houses that are really in
bad shape, and an empty lot, and then you have Blockbuster there. It's more of a commercial type
environment on 22nd Terrace. On the north side, you're right. On the south side, it's residential.
Although, you have also on the corner of 37 some commercial, too.
Commissioner Winton: And the other problem here is, as we allow this kind of change in zoning,
you get more traffic onto these side streets, and more traffic further deteriorates the neighborhood.
So, it's a tricky thing. And I think that one of the things we have to watch very carefully in all of our
ng for us to go the
neighborhoods is how we allow this kind of thing to happen. Because I'm pushiother direction, where we take the people who own the residential properties and have let them go
downhill. We sick code enforcement on them and make them clean the properties up so that we no
longer say, "Well, that's a junky piece of single family residential property," which is a typical
procedure that commercial developers like to use to be able to turn it into commercial property. Let
the thing run down and so, then, all of us are sucked into this idea that, "Well, it's a junk house
anyhow, so we might as well tear it down and make it commercial." That's what's destroyed single
family residential neighborhoods in this City. And, so, I just wanted to -- I understand more clearly
now, and this seems to be, at least, at the moment -- and we need to look at how traffic patterns are
going to work and how tall and what kind of density we're going to have on that site. But traffic
patterns will be very important to the next step, and I assume there is a next step because this is an
overlay again.
Ms. Ana Gelabert (Director, Planning and Zoning): Yeah, they would have to come for a special
exception, so there would be another public hearing. This one, as it was the other one, what you are
approving is the -- that they can come back to you, and the zoning remains the same. What it is is the
SD-12 overlay, which is the possibility of using this as surface parking lot.
Commissioner Winton: So, we will be looking closely at how this site impacts the residential
neighborhood that's adjacent to it very closely?
Mr. Pastproza: I will tell you that there is no access to the residential neighborhood from that street.
It's not permitted on the SD-12.
Commissioner Winton: Great.
Vice Chairman Gort: And when it talks about code enforcement, I want to make sure that the
covenants that go along with the landscaping, the landscapings are maintained because that's what's
going to improve.
Commissioner Sanchez: Call the roll.
Vice Chairman Gort: At the same time, Commissioner Winton, for your information, we've had a
lot of applications here to people trying to get into R-1 and then they deny in the past. You have to
read the... Roil call.
220 November 16, 1999
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE
42 OF THE ZONING ATLAS, ORDINANCE 11000, AS AMENDED,
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY ADDING
SD-12 BUFFER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED
AT APPROXIMATELY 3633, 3653, 3661 AND 3665 SOUTHWEST 22ND
TERRACE, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Regalado, seconded by Commissioner Teele, and was
passed on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
The 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.
Mr. Pastoriza: Thank you. Goodnight.
Vice Chairman Gott: Thank you.
:TQN OE PROPOSED: FIRST READING pRDINANCE
[,OF PROPOSED, CHANGE OF PREVIOUSLY APPROVED
L IMPACT [DRI] FOR BRICKELL SQUARE ' PROJECT, .:
,Y 845-999 BRICKELL AVENUE.
Vice Chairman Gort: Fifteen, PZ-15.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-15, we'd like to ask for a
continuance to December 10 .
Vice Chairman Gort: Great.
Commissioner Teele: So moved.
Vice Chairman Gort: So moved.
Commissioner Sanchez: Second.
221 November 16, 1999
Commissioner Winton: Second.
Vice Chairman Gort: All in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-883
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ-15 (PROPOSED FIRST READING ORDINANCE CONSIDERING
NOTIFICATION OF PROPOSED CHANGE OF PREVIOUSLY
APPROVED DEVELOPMENT OF REGIONAL IMPACT [DRI] FOR
BRICKELL SQUARE PROJECT, LOCATED AT APPROXIMATELY
845-999 BRICKELL AVENUE)
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
57 SECOND ; REAPING. ORDINANCE: AMEND ZONING ORDINANCE ' i 1000 , TO
1VIODIFI' PR OVISIONS'REGARDING SIGNS (MURALS) WHICH RAVE ARTISTIC OR
GRAPHIC VALUE ALONG I-395, ADD CRITERIA , MINIMAL `COMMERCIAL
MESSAGES.
Vice Chairman Gort: We already worked on 16. Seventeen.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-17 is a second reading amendment
to zoning ordinance 11000, regarding the mural ordinance. This is that one...
Vice Chairman Gort: Right.
Ms. Slazyk: ...that we passed in downtown...
Commissioner Teele: Is this the art?
Vice Chairman Gort: Right.
Ms. Slazyk: The art, right.
222 November 16, 1999
Commissioner Teele: Art in Public Places?
Vice Chairman Gort: What does Tucker have to do with that?
Ms. Slazyk: What does who?
Vice Chairman Gort: Tucker has to do with that.
Commissioner Sanchez: Tucker, what do you have to do with that?
Vice Chairman Gort: Tucker, what's...
Commissioner Sanchez: Did you select a picture?
Vice Chairman Gort: OK. Second reading.
Commissioner Sanchez: So moved.
Ms. Adrianne Pardo: Wait. Could I speak on that, Commissioners?
Commissioner Winton: Are we on 16 or 17?
Commissioner Teele: Doesn't he have to read the ordinance into the record or something?
Mr. Joel Maxwell (Assistant City Attorney): Yeah, but he hasn't closed the public hearing yet.
Vice Chairman Gort: Yes, ma'am.
Ms. Pardo: I'll speak very quickly. My name is Adrianne Pardo, with law offices at 1221 Brickell
Avenue. I have one small request to be made on this particular item. This particular item includes
properties that are north of 395, but it only limits the murals to the south side of those buildings,
rather than all the other properties that are allowed to have murals could have them on any side of the
building. I'm just requesting that those particular properties that are included on the north side be
allowed to have their murals on any side of the building.
Ms, Slazyk: Let me explain why that restriction was put in. The Planning Advisory Board -- the
Planning Department didn't originally draft it with the limitation on the south side. That was a
request of the Planning Advisory Board because they felt that if any murals with commercial
messages were going to be located, that it would be -- that it should face the expressway and not the
rest of the Performing Arts district. So, they requested that it be just the south side of those
buildings.
Vice Chairman Gort: OK. Thank you. Sorry, ma'am. You want to read it?
Commissioner Teele: Could it be that they — could it be adjusted to allow them to request a variance
or -- not a variance been, but an exception? In other words, by just coming back...
Vice Chairman Gort: They can always...
223 November 16, 1999
u xkr��s -n 4 c3 9'3 i
Rliki � ;a
Ms. Slazyk: Any of these murals require City Commission approval anyway. So, they would be
back before you whether it was the south, north, east or west side.
Ms. Pardo: Anything that we would want to do, we would have to come before you and show you
the picture and...
Vice Chairman Gort: Right.
Ms. Pardo: ...the location of where it would be on that particular building and you would have the
right to say yes or no.
Vice Chairman Gort: Yes. OK.
Commissioner Teele: Do we — do you have to show us the picture? Can't we get out of the
censorship business?
Ms. Pardo: I think the City Commission had requested it.
Ms. Slazyk: Yeah. When we first came before you with this ordinance, the City Commission
wanted to see these.
Commissioner Teele: Well, I think it's a Guiliano amendment, personally. I mean, you know, we
don't need...
Vice Chairman Gort: OK. Read it.
Ms. Ana Gelabert (Director, Planning and Zoning): Excuse me.
Vice Chairman Gort: Teele moved and...
Commissioner Teele: I moved it.
Ms. Gelabert: Mr. Chairman, excuse me.
Vice Chairman Gort: Yes.
Ms. Gelabert: I don't think it was decided if you were going to allow it on the other sides of the
building or just...
Mr. Joel Maxwell (Assistant City Attorney): No. They said no.
Ms. Gelabert: Oh.
Mr. Maxwell: They said no.
Vice Chairman Gort: Roll call.
224 November 16, 1999
.,F1i
S. '' 0
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, BY AMENDING ARTICLE 9, SECTION 926, TO
MODIFY PROVISIONS REGARDING SIGNS WHICH HAVE ARTISTIC OR
GRAPHIC VALUE, PROVIDING FOR ADDITIONAL LOCATIONS FOR
SAID SIGNS ALONG I-395 AND ADDING CRITERIA; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of October 26, 1999, 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.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
; I A %
--....,:vary...VYl♦L17, vi.W._irJ vr, rU.iUtcL:LANWv. USE
J POLICY WHICH ADOPTS DESIGNATION OF CITY AS�.URBAN'
?LY WITH STATE REQUIREMENTS,BY CONFIRIVUN CITY'S'
O-LOCATION LAND USE POLICIES.
Vice Chairman Gort: Eighteen. PZ-1 S.
Mr. Clark Turner: Mr. Chairman, members of the Commission, Clark Turner, Chief of Community
Planning. This item will amend the Miami Comprehensive Neighborhood Plan to accomplish two
objectives. One is to designate the entire City as an urban infill area, which is consistent with
Miami -Dade County's designation of the area east of the Palmetto Expressway as urban infill area.
The second is to affirm the provisions of the Miami Comprehensive Neighborhood Plan pertaining to
location of schools and the cooperation of the school board to provide for co-education of school
facilities with other public facilities, where it's practicable.
Commissioner Teele: So moved, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
225 November 16, 1999
Commissioner Sanchez: Second.
Vice Chainnan Gott: OK. Moved and second. Do you have to read? It's a resolution.
Mr. Joel Maxwell (Assistant City Attorney): Close the public hearing.
Vice Chairman Gott: All in favor state by saying "aye."
The Commission (Collectively): Aye.
Mr. Joel Maxwell (Assistant City Attorney): Oh, I'm sorry. No. Commissioner, Commissioner?
Vice Chairman Gort: Yes.
Mr. Maxwell: I do need to read it.
Vice Chairman Gort: You told me it was a resolution.
Mr. Maxwell: I was asking had you closed the public hearing. I didn't...
Vice Chairman Gort: Public — anyone to speak on this item? Go ahead. Roll call. Thank you.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, BY AMENDING THE TEXT OF THE
GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE
ELEMENT TO ADOPT DESIGNATION OF AN URBAN INFILL AREA AND
TO MEET STATE REQUIREMENTS REGARDING SCHOOL SITING AND
CO -LOCATION; SAID AMENDMENTS MAKING SUBSTANTIVE
ADDITIONS; DIRECTING TRANSMITTAL OF THE HEREIN ORDINANCE
UPON APPROVAL OF FIRST READING; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of October 26, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Teele, seconded by
Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title,
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.
226 November 16, 1999
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: Thank you. We're now through with...
Commissioner Teele: Mr. Chairman, before they leave, I would like to make three inquiries of the
staff. The first one is: There was a reference to the fact that apparently staff doesn't know that the
Charter was changed and that we have single member districts now. How do we inform the staff or
how do we...
Vice Chairman Gort: I'm sorry. I stand corrected. That was 17.
Commissioner Winton: That we just did?
Ms. Lourdes Slazyk (Assistant Director, Planning and Zoning): No, that was 18.
Ms. Ana Gelabert (Director, Planning and Zoning): That was 18, PZ-18.
Vice Chairman Gort: Eighteen.
Commissioner Winton: Oh, OK. So, I got it wrong. Sorry.
Commissioner Teele: How do we put in process, Mr. Attorney, a process that request the staff to
make sure that Commissioners are briefed about projects or matters in their district?
Mr. Maxwell: That direction should be given to the Manager. The Manager will, then, direct staff to
establish such briefings.
Commissioner Teele: But that direction has been give repeatedly. I mean, obviously, we need to do
something a little bit differently about that.
Mr. Maxwell: I don't know if you formalize it in tenns of resolutions. I don't think it would be
necessary. However, if you want to formalize it in terms of a resolution...
Commissioner Teele: Well...
Mr. Maxwell: I understand that such a resolution has been adopted.
Commissioner Teele: Would you discuss it with the Manager...
Mr. Maxwell: That's correct.
227 November 16, 1999
Commissioner Teele: Would you discuss it with the Manager and, if it needs to be formalized,
would you and bring us back one? The second matter involves the SP. There was a request that has
been made now for about three months relating to 17th Avenue. Is that request for the SP district
overlay coming forward, and do we have a timetable on that?
Ms. Gelabert: That I can provide you with the timetable. The 17th Avenue Corridor, yes, the
Planning Department has done, and we can put it on the next PAB (Planning Advisory Board) and --
which it was this SD-12 all along the 17th Avenue corridor. So, yes, the Planning Department has
proceeded in the -- we can do that...
Commissioner Teele: I know that you have, but I'm just wondering when is it going to come
forward? And, thirdly, there are matters relating to the Park West and Overtown areas and Omni that
are within the redevelopment areas. Would you prepare an ordinance that requires the approval or
the input of the redevelopment authority, prior to issuing any exemptions or exceptions or whatever
by staff prior to that, and to require that some type of consultation process -- so that the development
order, pursuant to state law, takes precedent over the City -- the various City zoning. And one of the
things that we're looking at now is that the staff is beginning a process of approving certain massive
parking that may or may not be consistent with the development plan, that is the 1983-1985
development plan. So, can the staff give us a report on that, and how we can ensure that there is
appropriate consultation that has some legal connotation that, at least, on issues of a tie, where you all
can agree that it comes to the City Commission for a decision, and that, that is no longer with the
staffjust to make those decisions relating to the development plan?
Ms. Gelabert: I think the request is, if I understand, what you would like is for the Planning
Department to inform and consult to have a referral to the CRA (Community Redevelopment
Agency); that any future development in the CRA...
Commissioner Teele: Within the CRA boundaries that is a part of the development plan. In other
words, right now you all are approving parking left and right, is that correct?
Ms. Gelabert: Well, it's not -- I wouldn't say left and right, but there has been several applications
coming and requested for surface parking.
Commissioner Teele: Let's say more than three or four. And by what -- none of that's coming either
to the CRA board or the City Commission. That's being done at the staff level. And by approving
the amount of parking, surface parking that you're doing, you literally are rewriting the
redevelopment plan that is in effect in that area. You know, you can change the character of the area
if we're not careful. And what we want to do is ensure that we're developing this consistent with the
overall development plan, pursuant to the state law that we have in effect now in this City.
Vice Chairman Gort: Commissioner Teele, I think my understanding is, if it doesn't come in front of
the CRA, it comes in front of us because they comply with all...
Ms. Gelabert: Zoning, yes.
Vice Chairman Gort: With all the zoning requirements, so we need to look at the zoning...
Commissioner Teele: But, see -- they're dealing with a zoning issue, but the broader issue is the
development plan for the redevelopment of those areas that takes precedent actually over the zoning.
Ms. Slazyk: I'm not sure -- parking is a permissible use.
228 November 16, 1999
Commissioner Teele: We're not talking about...
Ms. Slazyk: Right.
Commissioner Teele: Anything is permissible. What we're talking about is, when you begin to
approve the amount of parking that you're approving, you're changing the nature and character of that
entire corridor, particularly, in a very small area. And the only thing that I'm saying is that the
Commission or the CRA board should, at least, be able to determine whether or not we want that
amount of parking in there.
Ms. Slazyk: The best way to do that would be to look at the whole district and do a kind of zoning
district or zoning overlay that puts an overall cap.
Commissioner Teele: No, no, no. No. Why don't you all confer with the attorneys, particularly, the
regional planning counsel attorneys, and those attorneys that are involved, specifically with the
development order that is in effect there, and let's see how we can rationalize it. The point is this, is
that we're making policy now as to how that area looks and it is going to look, and it's not really
coming before us. And it's the amount and the intensity of that parking that is concerning me. It also
is of great concern as to the exceptions that may or may not be granted. For example, in landscaping.
And I want to make sure that, a year from now, we don't all turn around and say "What happened
here?" because something dramatic has happened, and I don't think that was in the plan. When you
look at all of the development plans that were submitted as to what we were going to try to have the
Omni, Park West and Overtown look like, none of it look like a giant parking lot, and that's the
direction we're moving in now, very quickly, and it gets back to the cheap way out versus the right
way out. You know, it may be that somebody needs to be building some high-rise structures as
opposed to just turning this place into something that looks like a landing field.
Ms. Gelabert: We'll look into it.
Note for the Record: At this point, the City Commission closes consideration of the Planning and
Zoning portion of the agenda to consider items from the regular portion of the agenda.
Vice Chairman Gort: OK. We'll now go back to our normal agenda. We're reconvening.
60. SETTLER�ENT ESTATE. OF JOSE VI.ADE IIR 'RODRIGUEZ, ALEXANDER;
'RODRIGUFZ. SURVIVING SON; MICHAEI, RODRIGUEZ, SURVIVING SON, AND:
-TANIA RODRIGUE&SURVIVING`SPOUSE, $200,000.
Vice Chairman Gort: Item 37. You all been advised of Item 37? The estate of Jose Rodriguez
versus City of Miami, Eleventh Judicial.
Mr. Alejandro Vilarello (City Attorney): Commissioner, the attached resolution requests
authorization to settle all claims in the case of the estate of Jose Rodriguez versus the City of Miami,
which is a case that -- where the allegations are that the police — the 911 operators and dispatchers
were negligent in a response to the call, which resulted in a delay of more than one hour before the
scene was cleared and paramedics were permitted to render treatment to the victims. The claimant
allegedly died as a result of the untimely treatment, and he is survived by two minor children from a
prior marriage. This resolution request authorization to settle the case in the amount of two hundred
229 November 16, 1999
1
thousand dollars ($200,000) in order to resolve all claims against the City, and it comes with my
recommendation.
Commissioner Sanchez: Mr. Vice Chair?
Vice Chairman Gort: Yes.
Commissioner Sanchez: Being that it has the recommendation of the City Attorney, I move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-884
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE DIRECTOR OF FINANCE TO PAY THE ESTATE OF JOSE VLADIMIR
RODRIGUEZ, ALEXANDER RODRIGUEZ, SURVIVING SON, MICHAEL
RODRIGUEZ, SURVIVING SON, AND TANIA RODRIGUEZ, SURVIVING
SPOUSE, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $200,000,
IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, ITS CURRENT AND
FORMER OFFICERS, AGENTS AND EMPLOYEES, PENDING IN THE
CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, CASE NO. 95-10658 CA-23,
CONSOLIDATED WITH CASE NO. 96-13004 CA-23, UPON THE
EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF
MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND
EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS THEREFOR FROM THE INSURANCE AND SELF-
INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
230 November 16, 1999
0
Vice Chairman Gort: Yes, sir?
Commissioner Teele: I didn't say anything. I just said yes, I guess.
Vice Chairman Gort: OK. Thirty-eight "B." I mean 38.
Mr. Alejandro Vilarello (City Attorney): Item 38 is the resolution -- request authorization to settle all
claims with regard to the case of Catherine Young versus the City of Miami in the total amount of
forty-nine thousand nine hundred dollars ($49,900). This lawsuit arises from injuries that Ms. Young
received allegedly as a result of an automobile accident where a police cruiser was parked in the third
lane of 1-95 without the lights illuminated on at approximately 1:30 in the morning. Medical bills, in
this case, were approximately forty-two thousand dollars ($42,000). This claim can be settled for
forty-nine thousand nine hundred dollars ($49,900), and it comes with my recommendation.
Commissioner Sanchez: So moved.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Discussion? Being none, all in favor state by
saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-885
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE DIRECTOR OF FINANCE TO PAY CATHERINE DARDEN YOUNG,
WITHOUT ADMISSION OF LIABILITY, THE SUM OF $49,900, IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE CATHERINE
DARDEN YOUNG VS. CITY OF MIAMI, IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, CASE NO. 95-16169 CA (10), UPON THE EXECUTION OF A
GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT
AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND
ALL CLAIMMS AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM
THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE
NO. 515001.624401.6.653.
231 November 16, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Mr. Manager, let me ask you a question. In all these cases that we have going
through, I imagine we have taken steps so these things will not happen again?
Mr. Donald Warshaw (City Manager): Yes, absolutely. As it relates to -- some of these cases are
old, but as it relates to things like defensive driving and -- I mean, there's always an ongoing
preventive safety program to deal with not only driving issues, but certainly other kinds of --
particularly, in police.
Vice Chairman Gort: Thank you, sir.
61 DEFER CONSIDER4TIOI3 OF PROPOSED $25. MILLION SETTLEMENT OF J1��1EI'
13itOWN:CASE„INSTRUCT ATTORNEY�TO. DISCUSS THIS MATTER WITH TIIE STATE`.
ATTORNEY AND CAME. BACK. ASSURING :.THE ,COMMISSION : TIiAT.` THERE ARE
ADEQUA'•TE SAFEGUARDS IN PLACE WHICH . WILL PREVENT THAT.
'FROM
HAPPENING AGAIN..;:
Vice Chairman Gort: Thirty-eight A.
Mr. Alejandro Vilarello (City Attorney): Commissioners, this resolution seeks to resolve the lawsuit
of Janeka Brown and the estate of Richard Brown versus the City of Miami, together with seven
individually named police officers in a federal civil rights claim and state law claims for wrongful
death. In addition to compensatory damages, the plaintiff' seek punitive damages against the
individual police officers. The claim was brought by the estate of Richard Brown and Janeka Brown,
who was a minor at the time of the incident. The allegations are that, in attempting to execute a
search warrant at the plaintiffs residence on the night of March 12, 1996, the officer discharged 122
rounds, concluding with the fatal shooting of Richard Brown and the near shooting of Janeka Brown.
In fact, another officer was accidentally shot by a fellow officer. This claim seeks to resolve all
claims against the City and all individually named police officers in the total amount of two point
five million dollars ($2,500,000), payable over two fiscal years, in equal amounts. First payment
would be due 30 days from final approval of the City Commission, the Financial Oversight Board.
And the second portion of it would be payable within 30 days, at the beginning of the next fiscal
year. And it comes with my recommendation.
Commissioner Sanchez: Comes with your recommendation? Well, Mr. Vice Chair, I had the
opportunity to sit down with the City Attorney, and also a gentleman representing his office, who I
232 November 16, 1999
a
was very impressed with his professionalism. I'm very concerned with this case, but I think that the
attorney's going to caution me on the language that I use because of the situation that we're in. So,
You know, two point five million dollars ($2,500,000) really, really hurts. And there's a lot of factors
to take into consideration after reviewing the case and being informed of the case. I really don't
know what to do at this time.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Teele: I'd like to establish on the record some information. What year did this occur
and who was the chief at the time?
Mr. Vilarello: In 1996, and the chief was...
Mr. Warshaw: Me.
Mr. Vilarello: Was it you? Chief Warshaw.
Commissioner Teele: Did the State Attorney review this matter?
Mr. Vilarello: I believe there was an inquest into the shooting death, and I believe all officers were
cleared in the inquest.
Commissioner Teele: If all officers were cleared, then why don't we take the matter to court?
Mr. Vilarello: I'd be more than happy to discuss the individual factors of this case if this City
Commission votes it down. I'd rather not talk about those issues on the public record. There are
some concerns...
Commissioner Teele: But I think we have a...
Mr. Vilarello: ...which would lead me to my recommendations.
Commissioner Teele: Mr. Attorney, I think we have to put enough on the public record to at least
establish that we are -- I mean, this is a Sunshine Law state. This
a private room and discuss it. I mean, we have to establish toisn't a state where we can all go in
financial emergency. We're going to , at least, a moral satisfaction we're in a
vote on this and, you know, you're not going to vote on it. And
we need to put enough on the record that establishes, not just that we're voting on it based upon your
recommendation, because every vote that this Commission made from every attorney and every
Manager that's here, we voted based upon an attorneys recommendation or a Manager's
recommending that we pay out two m
recommendation. So, you're going to have to put more on the record as to why you e
million dollars ($2,000,000). You know, we had a case the other
day where we voted -- I voted against it -- about somebody -- about some painting of a building
because somebody said it wasn't done properly and the Commission wanted to go "ape"
But, here again, 73 percent of the budget of the City is personnel and nobody seems to really care.
Now, if we're spending two million dollars ($2,000,000) to settle something,it needs to be
you know,
established very, very clearly, not only that you're recommending this, but you thk that if we took
this to court, it would not be in the best interest of the City of Miami's legal position or pocket.
233 November 16, 1999
Mr. Vilarello: Commissioner, any time I make a recommendation on a settlement, it is based on the
fact that it is in the City's best interest, in my opinion, to resolve this case prior to litigation or even
post litigat -- post trial. There are some concerns that I have in this case, which may render a jury to
return a verdict well in excess of the amount that I'm recommending for settlement. As far as
particulars, I have confidential documents, tort memorandums, which I've discussed individually
with you, which, at the end of this litigation, will become public records and available for public
inspection. However, to discuss those at this meeting would immediately make those -- that
information public, and could lead to an admission with regard to the City. But, certainly, our file is
documented so that there is a substantial and adequate basis. That information becomes public 60
days after the conclusion of all litigation.
Commissioner Teele: Then, let me ask this of the Manager. When the public learns of this
settlement that, I suppose, we will approve tonight, can we assure the citizens and taxpayers that this
not only will never happen again, but those parties that gave rise and the conduct that gave rise,
specifically the conduct that gave rise, will not be repeated?
Mr. Warshaw: I don't think that can be said, Commissioner. And I think there are two issues here.
And I know the Police Department now will probably want to make a statement. The City Attorney
has arecommendation -- I guess, I'm making an assumption based upon what he thinks the City's
position is relative to, you know, our having to take this forward, you know, to court, to trial. But in
terms of the actions of the police offices, the inquest, the internal investigation and procedures that
lead to this shooting, all of which I'm intimately familiar with, I don't think I could -- I don't think the
Police Department is going to be willing to make a statement that that action could not happen again.
And that's not to say that there weren't some things done wrong.
Mr. Vilarello: In fact, Commissioners, I would advise the department, the Chief, and the Manager
not to make a statement at this time.
Commissioner Teele: I didn't...
Vice Chairman Gort: Let me tell you what my problem is. My understanding, the victim was a
75-year old, and I don't know — and I inquired of you to...
Mr. Vilarello: Commissioner, I apologize. The level of damages, as well as the issues of liability,
should not be discussed.
Commissioner Teele: But he didn't say anything but the age, which is a matter of public record. It's
been reported in the media. I mean, you know, let's be fair. I mean, some of -- there's one or two
other lawyers around here too. Let's be fair. The facts that have been publicly, that anyone can take
judicial notice of are not off limits to be discussed, Mr. Attorney. The fact of these matters that have
been widely reported in the press...
Mr. Vilarello: Well, I would suggest...
Commissioner Teele: We want to, let's recess...
Mr. Vilarello: Commissioner?
Commissioner Teele: ...let's pull it up on the Internet, and let's just read out loud everything that's in
the...
234 November 16, 1999
0�J i
t y' t±
Mr. Vilarello: I would certainly suggest that the matters that are of record in the press are not with
regard to judicial notice.
Commissioner Teele: Well, all he said is that the person was 75 years old and you began to caution
him. That's a matter of fact that's widely publicized. I mean, this is -- I mean, I know he has some
communist Mayors in town, but this is America still. I mean, you know, the fact of the matter is is
that the facts are the facts.
Mr. Vilarello: Commissioner, my apologies. I certainly didn't cut him off because he was stating
Mr. Brown's age at the time of death. Certainly, that is a matter of public record. However, my
concern was what was going to follow the statement of his age, and if that's the only issue that
Commissioner Gort was going to bring up, I apologize for having cut him off.
Vice Chairman Gort: My understanding is, in settlement, you look at the person's age and that's been
the track record that I've heard in the past. I don't know. I'm personally not ready to vote on this.
Commissioner Teele: You're what?
Vice Chairman Gort: I'm not ready to vote on this. I will vote against it.
Commissioner Teele: I move that the matter be deferred. And let me just say this. I move also that
you be instructed to discuss the matter with the State's Attorney and you come back and assure us --
you give us some assurance that there are safeguards in place. I don't mind voting for this. If
everybody would come down and say this was an unfortunate incident; we're paying it, but we could
assure you that there are adequate safeguards in place. We've reviewed it; we've made changes in
our procedures; we have reviewed this. I mean, I was in the military for nine years. I conducted at
least 40 After Action Reports, and I know that when there's an incident, even if a guy is shot, you
know, a bolt goes forward accidentally, somebody's got to do an After Action Report and satisfy
everybody in the change of command that this is not going to happen; that there are safeguards in
place. And I don't think the public will be upset if we spend two million dollars ($2,000,000) if it
was an accident or an incident and we didn't have adequate safeguards or we've made changes in it.
But if you're going to tell me and lead this -- the public to believe, "Well, we can't assure you that this
isn't going to happen again," then if we're going to pay out two million dollars ($2,000,000) and
everybody walks out of here smiling, then basically we're reneging on our responsibilities.
Mr. Vilarello: Commissioner, I will certainly follow-up on your specific request.
Vice Chairman Gort: Great insurance policy.
Commissioner Teele: So, I mean — you know, let's bring it back. Let's sit down -- you sit down with
the State's Attorney, go over this matter, and let -- and convince -- come back and convince us that
these matters are such that they are just sort of acts of God, the way it's being explained now. And
we can't give us any assurance that it will happen again, but at least the State's Attorney is
comfortable with the settlement that we're proposing for this. But I think there's got to be a little bit
more -- and not, you know, the "Good Old Boy", everybody should stand shoulder to shoulder, like
we're hearing now, because that's just not going to fly as long as I'm up here. Someone is going to
have to say, "We've looked at this matter; it was an unfortunate incident, and in settling this, we can
assure you, Commissioners, that this incident -- the circumstances that brought rise to this incident
will not be repeated. Because a hundred and -- how many bullets?
Commissioner Winton: Twenty-two
235 November 16, 1999
Commissioner Teele: A hundred and twenty-two bullets, which is a fact, which is a public fact, you
know, is, by any standard, 122 bullets. A hundred and twenty-two bullets is still 122 bullets. And
the fact that there was friendly fire and police officer shot with police bullets underscores the fact that
somebody needs to come up here and say, "If you approve this, the circumstances that brought rise to
this, we can't assure you that 122 bullets won't get fired again, but they won't be fired under these
circumstances and these conditions." And I just think that's responsible on our part, and the
management has got to come forward, the Attorney has got to come forward and give us some
assurance of that.
Mr. Vilarello: Commissioner, if this Commission defers the item, I will make sure to come back to
you before the next meeting with a response.
Vice Chairman Gort: Motion to defer.
Commissioner Sanchez: Second.
Vice Chairman Gort: Moved by Teele. Seconded by Sanchez. All in favor state by saying "aye."
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-886
A MOTION A MOTION TO DEFER CONSIDERATION OF
AGENDA ITEM 38-A (PROPOSED $2.5 MILLION SETTLEMENT
OF JANEKA BROWN CASE) TO THE MEETING CURRENTLY
SCHEDULED FOR DECEMBER 14, 1999; FURTHER
INSTRUCTING THE CITY ATTORNEY TO DISCUSS THIS
MATTER WITH THE STATE ATTORNEY; AND FURTHER
INSTRUCTING THE CITY ATTORNEY TO COME BACK
ASSURING THE COMMISSION THAT THERE ARE ADEQUATE
SAFEGUARDS IN PLACE WHICH WILL PREVENT THIS FROM
HAPPENING AGAIN IN THE FUTURE.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E, Teele, Jr.
NAYS: None.
ABSENT: None.
236 November 16, 1999
0
Vice Chairman Gort: Thirty-eight B.
Mr. Alejandro Vilarello (City Attorney): Thirty-eight B is a resolution, which request authorization
to do two things: One is to accept an award of thirty-one thousand dollars ($31,000) in a combination
of attorney's fees and costs, payable from the County, arising out of the Miami Circle case, and
authorization to pay the law firm of Tew Cardenas the balance of the fees owed in their
representation of the case. As a result of the injunction that was entered against the City, we were
able to successfully argue that they were — the County was not entitled to the injunctive relief and
were awarded damages of twenty-five thousand dollars ($25,000) in attorney's fees and
approximately six thousand dollars ($6,000) in costs.
Commissioner Sanchez: So moved.
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 by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-887
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN
ADDITIONAL PAYMENT TO THE LAW FIRM OF TEW CARDENAS
REBAK KELLOGG LEHMAN DEMARIA AND TAGUE, L.L.P., FOR
SERVICES PROVIDED TO THE CITY OF MIAMI IN CONNECTION WITH
THE LAWSUIT, MIAMI-DADE COUNTY VS. BRICKELL POINT, LTD.,
BCOM-BP, INC., BCOM-OP, INC., COLONIAL BANK, AND THE CITY OF
MIAMI, ELEVENTH JUDICIAL CIRCUIT COURT, CASE NO. 99-04219,
CONCERNING THE PROPERTY LOCATED AT 401 BRICKELL AVENUE,
MIAMI, FLORIDA, COMMONLY KNOWN AS THE "MIAMI CIRCLE,"
WITH FEES FOR SAID SERVICES IN AN AMOUNT NOT TO EXCEED AN
ADDITIONAL $27,779; ALLOCATING FUNDS THEREFOR FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO.
515001.624401.6.652.
237 November 16, 1999
0 0
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: 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: Forty. Thirty-nine we dealt with. Forty is the ratifying, approve, confirm
emergency purchase of furniture for Fire Rescue and station renovations, and these comes out of the
Capital Improvement Budget. Fire station and building renovation project number 33302.
Commissioner Sanchez: I was given some pictures that I can't find them right now pertaining to
some furniture that was in very poor condition. I don't know if they're worth eighty-eight thousand
dollars ($88,000), but I'll move the item.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Commissioner Teele: This was a competitive bid, right?
Mr. Carlos Gimenez (Chief of Police): Three of the items were taken off of state contract. One item
was done through an informal bid process. Yes, sir.
Commissioner Teele: But that's — the state bid is a bid.
Mr. Gimenez: Yes, sir.
Commissioner Teele: So, all of this is a competitive bid, right?
Mr. Gimenez: Like I said, three of -- ten thousand dollars ($10,000) were through an informal
process. Those were — that's the bids. The other seventy-eight thousand dollars ($78,000) were
taken off the state bid.
238 November 16, 1999
Commissioner Teele: Would you tell me what an informal process is? By the way, where is the
Tony Romas that's in the City of Miami.
Mr. Gimenez: It's not. The Tony Romas was on 67th Avenue and US. I .
Commissioner Teele: Because, see, you all told me that there was -- I went looking. That Tony
Romas burned down.
Mr. Gimenez: Yeah. He was right.
Commissioner Teele: There is no Tony...
Vice Chairman Gott: It's been knocked down.
Commissioner Teele: Huh?
Vice Chairman Gort: It's knocked down.
Commissioner Teele: That's Tony Romas...
Vice Chairman Gort: It's been demolished.
Commissioner Teele: I mean, you know, not only did you all go all over — you even went out of the
County to buy — I mean, out of the City to buy barbecue and, you know, you've got a barbecue right
around the corner.
Commissioner Sanchez: People's.
Vice Chairman Gort: People's.
Commissioner Teele: People's.
Mr. Gimenez: Yes, sir. And next time we'll make sure we go to People's.
Commissioner Teele: Or some other place nearby. I mean, at least the businesses in the City.
Mr. Gimenez: Yes, sir.
Vice Chairman Gort: There's a motion. Is there a second? Any discussion?
Commissioner Teele: Did you ever say what is an in...
Commissioner Regalado: What is an infonnal?
Mr. Maurice Kemp: Maurice Kemp, Department of Fire Rescue. What we did, Commissioner, was,
we requested quotes from at least three vendors and we went with the least expensive quote.
Commissioner Teele: Don't give us the name of the vendor. Was the vendor in the City of Miami?
Mr. Kemp: No, sir. It's in Dade County, but it was not in the City of Miami.
239 November 16, 1999
Commissioner Regalado: This has been already bought. I mean, this furniture...
Mr. Gimenez: Yes, sir.
Commissioner Regalado: ... has already been bought?
Vice Chairman Gott: Yes. It's been used for six months now. OK. Any further questions?
Discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-888
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OR AN EMERGENCY;
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS,
AND APPROVING THE PROCUREMENT OF FURNITURE FROM
VARIOUS VENDORS FOR THE RENOVATION OF CERTAIN FIRE
STATIONS, FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT
NOT TO EXCEED $88,853.86; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT ENTITLED "FIRE STATION AND
BUILDING RENOVATIONS", PROJECT NO. 313302, ACCOUNT CODE
NO. 289401.6.850, FUNDED BY THE FIRE ASSESSMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
Mr. Kemp: Thank you.
Commissioner Sanchez: Who seconded?
Vice Chairman Gort: You did.
Commissioner Teele: No, Johnny Winton seconded.
240 November 16, 1999
Him
Vice Chairman Gort: Johnny Winton second, OK.
Vice Chairman Gort: Forty-one. Authorize City Manager to execute Professional Services
Agreement for Court Reporting Services.
Commissioner Sanchez: So moved.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved. This young lady sits here all day long.
Commissioner Sanchez: She does a great job.
Vice Chairman Gort: I mean, she doesn't move...
Commissioner Sanchez: No.
Vice Chairman Gort: ... and she stays all day long. She doesn't take a break. OK.
Mr. Walter Foeman (City Clerk): Thank you.
Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): Aye.
Commissioner Teele: I've got a feeling, if the vote had been three to two, it still would have come
out unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-889
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH MATT. TRAKTMAN, TO PROVIDE COURT REPORTING SERVICES
TO THE OFFICE OF THE CITY CLERK FOR FISCAL YEAR 1999/2000, IN
AN AMOUNT NOT TO EXCEED $27,360; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE 022301.220106-270.
241 November 16, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
5; AO+E'T +)T iGRi?M U ''EGONONIIC DEV`ELOi'1��ENT ADMIleTIS1`ItATION
`! R 120A� A D,INFRA 'ItI�CTI UAPROVEMENTS AT WATSON ISLA�Vb
Vice Chairman Gort: A resolution accepting EDA (Economic Development Administration) grant
from Watson Island Road improvement. This is the Economic Development Administration, EDA,
in the amount — they're receiving four hundred and thirty-two thousand dollars ($432,000) to
complete the road improvement at Watson Island. Do I have a motion?
Commissioner Teele: So moved.
Commissioner Sanchez: Second.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Any discussion? Being none, all in favor state
by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-890
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A
GRANT FROM THE U.S. ECONOMIC DEVELOPMENT
ADMINISTRATION FOR ROAD AND INFRASTRUCTURE
IMPROVEMENTS AT WATSON ISLAND; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT
ACCEPTANCE OF SAID GRANT.
242 November 16, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
67APPbT1't VALD>✓IvIAR LEE'..AS MEMBER OF GENERAL ENII'IVOYEES'' AID;;
SAT�rDN )E%V11L+iiEES3 RETIItMENT TIt><JST.
Vice Chairman Gort: Retirement Trust memorandum — GESE (General Employees and Sanitation
Employees) is recommending -- the pension plan is the request of Mr. Waldemar Lee be appointed to
the Pension Plan, AFSCNIE (American Federation of State, County and Municipal Employees)
representative.
Commissioner Regalado: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Second. Discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-891
A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE
APPOINTMENT OF AN INDIVIDUAL AS MEMBER OF THE BOARD OF
TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND
SNAITATION EMPLOYEES' RETIREMENT TRUST FOR A TERM AS
DESIGNATED HEREIN.
243 November 16, 1999
0
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None,
ABSENT: None.
68 D I~t;WrvdNSlb I T$O9OF ALL BOARD APPOINTMENTS SCHEDULED FOR
':TOI'3A'Y
Vice Chairman Gort: List of member resolution. Commissioner Teele has nomination.
Commissioner Teele: What number is that?
Commissioner Regalado: Forty-four.
Vice Chairman Gort: This is Affirmative Action.
Commissioner Teele: Not at this time.
Vice Chairman Gort: If you all want to, we can save those for later.
Commissioner Regalado: Defer.
Vice Chairman Gort: Defer all the appointments? Does anybody have any appointments they want
to make?
Commissioner Regalado: I have one.
Commissioner Sanchez: No. I'll defer mine, 48.
69. APPOINT COMMISSIONER JOE SANCHEZ AS THE CHAIRPERSON. OF. THE
BAYFRONT PARK MANAGEMENT TRUST.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Regalado: I have one.
Vice Chairman Gort: Yes. Which board?
244 November 16, 1999
Commissioner Regalado: For Bayfront Trust. Move to appoint Chairman -- Commissioner
Sanchez.
Commissioner Teele: Under the condition he resigns as the International Trade.
Commissioner Regalado: International Trade Board.
Vice Chairman Gort: OK.
Commissioner Teele: Do you renounce it?
Commissioner Sanchez: What? Do you guys know my resignation?
Commissioner Regalado: Because you can't have so many boards.
Commissioner Teele: You can't have...
Commissioner Sanchez: What are you guys against, conspiring against me or what?
Commissioner Teele: No. You've got to...
Commissioner Sanchez: I'll give up the International Trade Board for the Bayfront Park.
Vice Chairman Gort: OK. There's a motion. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Moved and second. Any discussion? Being none, all in favor, state by saying
"aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO.99-892
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
COMMISSIONER JOE SANCHEZ AS A MEMBER AND AS THE
CHAIRPERSON OF THE BAYFRONT PARK MANAGEMENT TRUST FOR
A TERM AS DESIGNATED HEREIN.
245 November 16, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
"70 OISCU89 ,APPOINTMBNV OF%tOlV MISSIONER'WINTON AS CHAIRMAN
INT$RNATIONAt' I`RAOE BOARD (ITB) [see'section # ?2]
Commissioner Teele: I move that Commissioner Winton chair the International Trade Board.
Commissioner Sanchez: Second.
Commissioner Regalado: I second that.
Vice Chairman Gort: It's been moved and second. Any discussion?
Commissioner Winton: I don't know if I want to. I don't -- I'm not sure I know enough about to it
yet to make that decision, so if we don't have to do that, I'm not prepared to take that on.
Vice Chairman Gort: OK. Save it for later.
Commissioner Teele: You're making one Commissioner happy.
Vice Chairman Gort: Maybe not.
Commissioner Regalado: He still has to go.
Commissioner Teele: But -- no. He has to stay there until he's been -- a successor has been acceded.
Sanchez has to stay on International Trade. Commissioner Winton, what happens is that, basically,
each person is chairing something and...
Commissioner Regalado: Except me.
Commissioner Teele: Except you, that's correct.
Commissioner Winton: There you go.
Commissioner Sanchez: We're going appoint you to MSEA (Miami Sports and Exhibition
Authority).
246 November 16, 1999
Commissioner Regalado: No.
Commissioner Sanchez: Vice Chair to MSEA.
Commissioner Regalado: No.
Commissioner Teele: But I think the rule is, is that whoever is there, stays until their successor has
been appointed. I mean, we can't have a situation where there's nobody at International Trade as the
chair for the time being. Is that fair, Mr. Attorney?
Mr. Alejandro Vilarello (City Attorney): Well, unless we're going to revoke a resignation from
MSEA, as well.
Commissioner Sanchez: Well, I haven't turned in my resignation yet.
Commissioner Teele: At MSEA?
Commissioner Sanchez: Oh, no. At MSEA, I did. I'm no longer at MSEA.
Commissioner Teele: Mr. Chairman?
Commissioner Sanchez: I resigned from MSEA.
Mr. Vilarello: I'm sorry, Commissioner.
Commissioner Teele: Mr. Chairman, while there is...
Mr. Vilarello: Generally speaking, the rules, with regard to continuing the seat until their new
appointee is seated, relates to board members. And, in the past, we've not applied that to
Commissioners.
Vice Chairman Gort: Commissioner Teele, I think Commissioner Winton has reconsidered the
appointment.
Commissioner Winton: Only to get you out of hot water, Commissioner Sanchez.
Commissioner Sanchez: Thank you, my friend.
. DISCUSS' PROPOSED RESTRUCTURE OF MIAMI SPORTS AND EXHIBITION
UTHORITY (MSEA) AND SALARY'OF ITS STAFF.. (see section # 73)
Commissioner Teele: Mr. Chairman, while we're here, as you know, this Commission appointed me
to begin a process to make a recommendation, by the end of December, regarding MSEA (Miami
Sports and Exhibition Authority), etcetera. I've had one or two meetings with the External Auditor
and the City Attorney. There are a number of vacancies at MSEA. I'm advised that the distinguished
Vice Chairman, which has traditionally been a Commissioner, and the distinguished Vice Chairman
of MSEA has bailed out or resigned, at least two of the other appointees of MSEA have resigned.
Now, I want to just put this on the record very clearly. Effective January 1, I think we all know that
the Heat lives the arena.
247 November 16, 1999
Commissioner Sanchez: Yes.
Commissioner Teele: And the financial status of MSEA is very much impaired by that departure,
their signature tenant. Additionally, there's a very significant lawsuit, which MSEA has been -- in
which there's been a finding against MSEA. However, the City was dismissed, and I would hope
that the City Attorney would bring Commissioner Winton up -to -speed on that issue, whenever is
convenient.
Mr. Alejandro Vilarello (City Attorney): I've not yet done that.
Commissioner Teele: Yes. The point is this. One of the recommendations that we will be making is
a restructuring of MSEA; to reduce MSEA from the current to two appointments by Commissioners
to one appointment by Commissioners. The MSEA board has to be reduced consistent with the
changes and the costs, et cetera. I do want to bring to the board's attention one matter, relating to
MSEA. After failing several times to name an executive director, by a majority vote of MSEA, I
think the MSEA board has done something that, quite frankly, is just shocking. There's a very
wonderful person, who has been there for some years, who has paid in the range of twenty-five
thousand to thirty-five thousand dollars a year, whose salary has been doubled. I think that just sends
a bad signal. I mean, when a corporation is going under, you don't double the staff -- the salary of
any individual. I mean, I think it's just a terrible precedent that, in government, we would ever
double someone's salary. Obviously, I'm very proud of the fact that most of the people that have
worked for me have had their salary increased and maybe doubled over five or six years, but you
don't double anyone's salary. And I would only appeal to the City Attorney to begin a process, with
the existing MSEA board, to remind them that these are public dollars and that, you know, we realize
that we've got some serious problems in MSEA. We provide some of the oversight but, clearly, we
need to establish some parameters by which MSEA is functioning. The final matter in this regard,
Mr. Attorney, is that I would appreciate if you would prepare a memorandum and give us a briefing
as to the status of the lawsuit between MSEA and Decoma and the other parties. Because, obviously,
many board members have now -- these lawsuits have a chilling affect on people's reputation and
their willingness to serve, and I recognize that. And I think we should also be aware of that when we
appoint people to this board, and the attorney needs to make each of us aware as to the matter of that,
as well as advising us as to board liability insurance over there because there are some very serious
issues that that raises.
72 APPOINT COAMNIISSIONER JOHNNY L.,-WINTON AS THE CHAIltPERSON OF: TgiE
INTERNATIONAL TRADE BOARD.
Vice Chairman Gort: My understanding is, we have a motion have to vote on, the appointment of
Commissioner Winton to the International Trade Board.
Commissioner Sanchez: I believe you made the motion. I seconded it.
Commissioner Teele: I did move it. sir.
Commissioner Sanchez: And I'll second it.
Vice Chairman Gort: OK. All in favor state say "aye."
The Commission (Collectively): Aye.
248 November 16, 1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-893
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
COMMISSIONER JOHNNY L. WINTON AS A MEMBER AND AS THE
CHAIRPERSON OF THE INTERNATIONAL TRADE BOARD FOR A TERM
AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: And, Art, I'd like to give you suggestions. Commissioner Winton's knowledge
in real estate and development and his contacts, I think to be an ideal person to take the Vice
Chairperson of MSEA, and maybe he can get going on some of those things there. So, if somebody
wants to make a...
Commissioner Teele: I would so move, that Commissioner Winton be named as Vice Chairperson
of the MSEA Board, with rights of resigning in 60 or 90 days, if you determine that's something that
you don't want to do.
Commissioner Sanchez: Or 48 hours.
Commissioner Teele: But I think, in fairness to you, Johnny, that's the one you want to sort of get
into and -- before you -- and that his appointment shall not take effect until he has been sworn in.
Vice Chairman Gort: OK. There's a motion. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: OK. Further discussion? Being none, all in favor state by saying "aye."
249 November 16, 1999
Commissioner Sanchez: One nay. Johnny, I would not do that to you, Buddy. I will not do that to
you. So, one nay.
Mr. Vilarello: Mr. Chairman?
Commissioner Winton: It's not going to work.
Vice Chairman Gort: Yes.
Mr. Vilarello: If I can just address one issue for the MSEA board. The increase in salary was in
connection with an employee who was going to assume all the additional responsibilities as
executive director, and it was only a temporary increase in salary for that period of time, until they
can seat an executive director. I just wanted to explain to you the action of the Board.
Commissioner Teele: Well, the person, by reputation, is an out -- Mr. Chairman, I want to put on
record, the person, by reputation, is a woman, is outstanding, and we certainly want to help break
glass ceilings, but I think we need to be careful and we need to recognize that these are public dollars
and that is not the way to do that, I don't think. But, in any event, I accept what the attorney is
saying. And I would hope that Mr. Winton, Commissioner Winton, would look at it very closely and
by making the motion, that you don't take office until you're sworn in. That gives you some time to
contemplate that because that is something that, given your private sector role, it may or may not be
something -- we need you to do it, but it may be something you would like to take a careful
consideration on.
Commissioner Winton: Thank you.
Commissioner Teele: Thank you.
Vice Chairman Gort: OK.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-894
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING COMMISSIONER JOHNNY L. WINTON AS A
VOTING MEMBER AND AS THE VICE CHAIRPERSON (ACTING
CHAIRPERSON IN THE ABSENCE OF THE MAYOR) OF THE
MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) FOR A
TERM AS DESIGNATED HEREIN.
250 November 16, 1999
007
Q
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: Commissioner Joe Sanchez.
ABSENT: None.
Vice Chairman Gort: OK.
r✓OMMtS ONLR;TEELE AS'MEMBfiR OE T #E IviIAMI?DAAI✓ TOI 2TST
h
Commissioner Regalado: Mr. Chairman, I've got another appointment.
Vice Chairman Gort: Yes.
Commissioner Regalado: I'd like to move a motion to nominate Commissioner Teele as a member
of the Miami -Dade County Tourist Development Council. City of Miami has one appointment. It
was formerly J.L. Plummer. I move to nominate Commissioner Arthur Teele.
Commissioner Winton: Second.
Vice Chairman Gort: OK. Is there any discussion?
Commissioner Regalado: Why?
Vice Chairman Gort: Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO.99-895
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
COMMISSIONER ARTHUR E. TEELE, JR. AS A MEMBER OF THE
MIAMI-DADE TOURIST DEVELOPMENT COUNCIL FOR A TERM AS
DESIGNATED HEREIN.
251 November 16, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Vice Chairman Gort: Any other appointments? Can we jump to — we have the update on towing
services. You want to deal with that?
Commissioner Teele: Towing Service?
Commissioner Regalado: Mr. Chairman, I — there are two persons here that are here for a district
item, which will be on my district, but I think that this has come up so many times and the City
Attorney and the Administration has dealt with this. It's the 1700 Northwest 14 Avenue site.
Vice Chairman Gort: Before we go to that, let me bring up 55. It would be an item that I think...
Commissioner Regalado: No problem. But I'm just saying, if we can take this...
Vice Chairman Gort: Yes, we'll take it right afterwards.
Commissioner Regalado: ...I'm willing to either defer other items because of the time, but they have
been here so many times, so I wouldn't.
Vice Chairman Gort: Item 55 will be very important that we make a decision today, instructing the...
Commissioner Regalado: What is that one?
Vice Chairman Gort: Do you all have the resolution, Mr. Attorney?
Commissioner Teele: This is on Brickell?
Vice Chairman Gort: Yes.
252 November 16, 1999
Mr. Alejandro Vilarello (City Attorney): Commissioner, the resolution was distributed after the
agenda went to print, and it's not attached to your agenda. I tried to have some copies made but was
unable to provide those for you right now. The resolution is, as was discussed at the City
Commission -- at the Executive Session -- and if I could just read the title, I think that generally
describes the direction of the resolution if the City Commission adopts it.
[AT THIS POINT, THE CITY ATTORNEY READ THE RESOLUTION INTO THE PUBLIC
RECORD]
Vice Chairman Gort: Thank you.
Commissioner Teele: Mr. Chairman, I would be pleased to move that recommendation, and I hope
that the...
Vice Chairman Gort: Tyler's awake
Commissioner Teele: ...that the fourth estate noted that the City is now reversing its opposition to
the Miami Circle and is about to commit some two million dollars ($2,000,000) should the
settlement come forward toward the preservation, subject to a satisfactory negotiation with the
County on that issue.
Vice Chairman Gort: OK. There's a motion. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: It's been moved and second. Any discussion?
Commissioner Winton: Yes. While I'm excited about the idea of contributing, from the City's
standpoint, to the preservation of the Miami Circle, I'm not as excited about this settlement. Because
it seems to me that from (and based on the information that I know, at this point) that this issue was
settled some time ago and the City, in error, forgot to take their part of the settlement and, so, what
we're settling now is really -- what we're getting now is a situation where we're taking half of what
we really were awarded by a judge some years ago. I don't know how many years ago it was now.
But it just seems to me...
Vice Chairman Gort: Many, many years before our time.
Commissioner Winton: Well before our time. And I have talked to the City Attorney about this, and
he doesn't feel that we have a hundred percent probability of winning if we continue this case in the
courts. But he also doesn't feel that we have a real low probability, so I'm not so sure that I'm
anxious to step out and give essentially half of the value of that land back to a family that a court of
law has already ruled really should be given to the City of Miami in an exchange that was
consummated seven or eight years ago.
Vice Chainnan Gort: OK. Any further discussion?
Commissioner Teele: Mr. Chairman, I want to add my statement of support in what Commissioner
Winton said. This is a very bad fact situation. The facts --there was only one person who understood
the facts on this matter. He's not here now to give his point of view. And, so, the facts are simply
that this is like trying to fix a broken egg and put it back together. This thing is broken and the City
253 November 16, 1999
max', akr
did some things or failed to do some things properly at the right point in time when this could have
come out a different way. I think the important point issue here is that we are trying to make a
commitment and restore the commitment to maintain open space in the Brickell area, and the Miami
Circle merely provides us with a convenient opportunity. If it were not for the fact that the money
and the proceeds and the intent of maintaining some public land were going to the Miami Circle, I
would be opposed to it because the facts and the circumstances are just something none of -- at least,
I'm certainly very uncomfortable with, and I agree with what you're saying.
Vice Chairman Gort: OK. All in favor state by saying "aye."
Commissioner Winton: No.
Vice Chairman Gort: One nay.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-896
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY ATTORNEY TO
NEGOTIATE AND EXECUTE A SETTLEMENT AGTREEMENT IN THE
CASE OF WILLIAM B. BRICKELL, JAMES B. BRICKELL, JR., BEATRICE
A. BRICKELL, MARY SNYDER, AND ARCHIE K. PURDY V. CITY OF
MIAMI, CASE NO. 88-0230, IN SUBSTANTIALLY THE TERMS STATED
IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN;
FURTHER AUTHORIZING THE CITY ATTORNEY AND DIRECTING THE
CITY MANAGER TO COMMENCE DISCUSSIONS WITH MIAMI-DADE
COUNTY REGARDING THE MIAMI CIRCLE IN RELATION TO THE
POTENTIAL SALE OF THE BRICKELL PARK PROPERTY; FURTHER
PROVIDING FOR THE ALLOCATION OF THE SUM OF $2,000,000 FROM
THE CITY'S PROCEEDS FROM THE SALE OF THE BRICKELL PARK
TOWARD THE PRESERVATION OF THE MIAMI CIRCLE BY FUTURE
RESOLUTION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: Commissioner Johnny L. Winton
ABSENT: None.
Commissioner Sanchez: Pocket items?
Vice Chairman Gort: OK. We have one item there...
254 November 16, 1999
Commissioner Regalado: Commissioner...
Note for the Record: Commissioner Sanchez deferred district items to the next regularly scheduled
Commission meeting.
Commissioner Sanchez: Mr. Vice Chair, if I may, I'm willing to defer all my personal items.
Commissioner Teele: To the 30"'.
Commissioner Regalado: I'm going to do that to, too.
Commissioner Sanchez: To the next Commission meeting.
Commissioner Regalado: I would like to take an issue. It's concerning a proposed multi -family
building on the Civic Center side at 1700 Northwest 14th Avenue. And what we have here is for the
fourth or the fifth time -- and this is Commissioner Gort's district. But it's a group of very respected
community leaders that have offered the City, first of all, to clean up and then pay the City the rest of
the market value property. This is an empty lot. And, also, I was told by Dena, before she left, that
they would agree to a one-year term to begin construction. So, that -- I think that the administration
was leaning towards supporting that. I don't know, Mr. Manager.
Ms. Laura Billberry: Laura Billberry, Director of Asset Management. I'm sorry. I'm not aware of
that comment you just made. We had always wanted to do an RFP (Request for Proposal) for this
property, for the development of affordable housing.
Commissioner Regalado: I don't know why you were not aware because it was said by Dena on the
record here. She said that one year, they would have to start construction and that, according to the
State Statutes, there was no need for an RFP, but there is a need for construction in that area.
Ms. Billberry: You are correct in that it's not legally required. However, the property has been
appraised at just over a million dollars and, depending on the plans, that could be approved by the
State under our Brownsfield Program. There could still be some value to -- of this property to the
city, so that's...
Commissioner Regalado: What is the cost of the clean up?
Ms. Billberry: It may vary. It could cost as little as two hundred and eleven thousand, based on a
Phase II that was done by EE&G (Evans Environmental & Geo Sciences).
Commissioner Regalado: OK. If I...
Mr. Thomas Diego: Good evening, Commissioner. My name is Thomas Diego, 2151 Southwest
21 st Terrace. First of all, I wasn't aware also that Dena had come up with one year to construct the
property. As you're aware, we've been at this for the last year. We've met a couple of times with
255 November 16, 1999
them and we still haven't been able to purchase -- I mean, get a hold of property to start design work
-- to do design work and do construction drawings. To do a building, it might take a little bit more
than a year. As part of the resolution, we asked that you give us two years so we can start the
construction, so we could analyze the property with the construction drawings, with the survey and,
then, come up with a positive building for the neighborhood. On top of that, I'd like to put on the
table that this property was purchased in 1984, then sold -- then brought back to the city because of
pollution problems. The property has been staying there for 15 years. Was taken out of the tax roll.
You've had to invest money on this property to clean it up, to kill vermin, animals that had been
lingering in there, people, trash. We do have a pollution problem on the property, which we are
aware of, and we do want to attack it with the Brownfield and try to get some cleanup. Although, I
know that we don't have to clean the entire property. Just that portion where we're going to be
building on, if we build on that portion. Something else that I wanted to bring you aware of was
when an appraisal was done on the property, the appraisal was done in three parts, as a C-1 zone, as
an R-4 zone and as an R-3 zone. This is an R-4 zone property and we're not going to change the
zoning on this property. We're going to build according to the zone. We are going to -- we are
proposing to build an affordable housing, where people come in that have low income, purchase, not
rent, not lease but purchase these properties; come into a program with Miami -Dade County Housing
Authority and the City and start living and paying their own homes within the City, within the
Jackson Memorial Hospital, within that neighborhood. Therefore, based on the appraisal, I notice
that there was an appraisal done for a million forty-five thousand and that appraisal was going to
expire, I believe, 90 days and after the 90 days, it was going to go down to eight hundred and
eighty-eight thousand, based on the City's record or the City's paperwork. We're ready to go. The
only problem that we're having now is that we may lose the people who are interested in financing
this project. Again, we've been at this for a whole year, year and a quarter now and we really do
want to try and get this going. We're not going to purchase the property. It is a non-profit
corporation and what we want to do is, we want to help out the City.
Commissioner Regalado: Well, I'm -- for one, I'm ready to put it to a vote, if the Commission
decides, you know, whatever it decides. But I think, you know, to have that for 14 years without any
construction and to have respected leaders of the community to back this project, I am very
comfortable that they would build whatever they feel. And, so, I'd like to move this item to approve
this proposal.
Commissioner Teele: Second the motion.
Vice Chairman Gort: There's a motion. There's a second. But there's a proposal...
Commissioner Sanchez: What proposal are we talking about?
Commissioner Regalado: The proposal that we're talking about is that this group...
Vice Chairman Gort: Excuse me. We've got to hear from the attorneys.
Mr. Alejandro Vilarello (City Attorney): I'm sorry, Commissioner. My question just now to the
administration was, did they have a proposal in front of them? And I was advised that they did not,
so the...
Commissioner Regalado: Well, they gave you...
Mr. Vilarello: ...appropriate motion...
256 November 16, 1999
0
Commissioner Regalado: I mean, we remember the last time that we were...
Mr. Vilarello: Well, I'm familiar with the property. But my suggestion to you is, perhaps the
resolution should be a direction to the City Manager...
Commissioner Regalado: To draft the proposal.
Mr. Vilarello: ... to draft an agreement...
Commissioner Regalado: That would be to include fair market value, you know, whatever the terms.
1 remember that Dena told me the terms. I don't know if you can reach her or ask her.
Mr. Donald Warshaw (City Manager): I'll try to get in touch with her. My recollection was that she
felt we should go out, you know, on an RFP for this piece of property.
Commissioner Regalado: That wasn't what she told me. She said that, you know, she would
recommend that but she thought that if this group will pay market value, will clean up the place and
have a time certain to build, she would not oppose that. That's...
Mr. Warshaw: And I agree, if they'll pay fair market value and -- I don't have a problem with that.
Vice Chairman Gort: Your motion is a resolution to instruct the City Manager to work out a...
Mr. Vilarello: A draft agreement...
Commissioner Regalado: A draft agreement and bring it back.
Vice Chairman Gort: ... resolution and come back to us.
Mr. Vilarello: ... and bring it back to the City Commission.
Vice Chairman Gort: OK.
Commissioner Regalado: OK.
Vice Chairman Gort: It's been moved and seconded. Is there any further discussion? Being none,
all in favor state by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: No nays. Thank you.
Mr. Diego: Good night and thank you.
257 November 16, 1999
The following motion was introduced by Commissioner Regalado, who moved its
adoption:
MOTION NO.99-897
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO NEGOTIATE AN AGREEMENT WITH MR.
THOMAS DIEGO FOR AN AFFORDABLE HOUSING
PROJECT TO BE LOCATED AT THE CIVIC CENTER SITE,
1700 N.W. 14 AVENUE, STIPULATING THE FOLLOWING
TERMS: (A) SAID DEVELOPER WILL PAY FAIR MARKET
VALUE FOR SAID CITY -OWNED PROPERTY, (B) CLEAN
UP PROPERTY AND (C) BUILD WITHIN A TIME
CERTAIN.
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.
NAYS: None.
ABSENT: Commissioner Johnny L. Winton.
Mr. Diego: Good night. Thank you.
7�/ ' CONTIN[TE C�NS117ERATION .':nF PROPOSEIJ FIltST-READING ORDINANCE TO:'
AMEND .�GODF SECTION . `54 ,190 ',TO ' 1VIODIFX• THE `WIDTH ,OF N E 12 STREET`<
BIT'WEENNORTHEASTB,ISCAYNB BOt1L;EVARD'A_ND N:E.,2 AVENUE ;"
Commissioner Sanchez: Pocket items.
Vice Chairman Gort: Pocket items.
Mr. Donald Warshaw (City Manager): Excuse me. Commissioner?
Vice Chairman Gort: Yes.
Mr. Donald Warshaw (City Manager): Item number four, if I can...
Vice Chairman Gort: OK. Item number four.
Mr. Warshaw: That's the width of Northeast 12th Street. If by agreement of the attorney and the
City, we can continue that item until December the 14th.
Vice Chairman Gort: OK.
258 November 16, 1999
'V
Commissioner Teele: So moved, Mr. Chairman,
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-898
A MOTION TO CONTINUE CONSIDERATION OF
AGENDA ITEM 4 (PROPOSED FIRST READING
ORDINANCE TO AMEND CODE SECTION 54-190 TO
MODIFY THE WIDTH OF N.E. 12 STREET BETWEEN
NORTHEAST BISCAYNE BOULEVARD AND N.E. 2
AVENUE) TO THE MEETING CURRENTLY SCHEDULED
FOR DECEMBER 14, 1999.
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.
NAYS: None.
ABSENT: Commissioner Johnny L. Winton.
i o. r.0 i n�tctG� :1V1H1VACrhK :TO NEGOTIATE AND EXECUTE COMMUMICATIONS
SERVICE AUTHORIZATION (CSA) , AGREEMENT WITH STATE OF .'FLORIDA :'FOi1t
PROCUREMENT - OF . `T-1 CHANNELIZED MEGALINK SERVICES THROUGH
BEL' LSOUTH, (FIRST - YEAR $31 022.73 AND TI-1EREAFTER $26,424.73), FOR
DEPARTMENT OF POLICE, ALLOCATE FUNDS FROM POLICE GENERAL OPERATING
BUDGET.
Commissioner Teele: Mr. Chairman, there was an item that the Police Department had on — what
was that, antenna?
Major Joseph Longueira: Thirty-two.
Commissioner Teele: Thirty-two? It was a companion item. Did we take it up?
Vice Chairman Gort: How come?
259 November 16, 1999
s S k
Commissioner Teele: It was a companion item and it involved something, a tower, was it?
Major Longueira: If I could read it. It's a resolution of the Miami City Commission authorizing the
City Manager to negotiate and execute a communication service authorization agreement with State
of Florida...
Vice Chairman Gort: We moved it and we passed it. Thirty-two?
Major Longueira: No. ..for procurement of T-1 Channelized Megalink Services through Bell
South, for a three-year period, at the first year cost of thirty—one thousand zero twenty-two
seventy-three, to include installation service and, thereafter, at an annual cost not to exceed
twenty-six thousand four twenty-four seventy-three for the Department of Police; allocating funds
therefore from the Police General Fund operating budget account code. It's off of state contract.
Vice Chairman Gort: OK.
Commissioner Teele: I so move.
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman?
Vice Chairman Gort: It's moved. Second? Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: OK, second. Any other discussion? Being none...
Commissioner Teele: Sounds official. What's a megalink?
Vice Chairman Gort: ... all in favor state by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-899
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
COMMUNICATIONS SERVICE AUTHORIZATION ("CSA") AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE STATE
OF FLORIDA, CONTRACT NO. DMS 97/98-18 FOR THE PROCUREMENT
OF T-I CHANNELIZED MEGALINK SERVICES (SUNCOM NETWORK
INTRALATA BROADBAND) FOR THE DEPARTMENT OF POLICE, FOR A
THREE-YEAR PERIOD, AT A FIRST YEAR COST OF $31,022.73, FOR
INSTALLATION AND SERVICE, AND THEREAFTER AT AN ANNUAL
COST NOT TO EXCEED $26,424.73; ALLOCATING FUNDS THEREFOR
FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 00 1000.290201.6.5 10.
260 November 16, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon tieing seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Commissioner Sanchez: Pocket items.
Vice Chairman Gort: Go ahead.
Commissioner Sanchez: Yes, sir. Mr. City Manager? Mr. City Attorney?
Mr. Alejandro Vilarello (City Attorney): I just have an item.
Commissioner Sanchez: You have an item.
Mr. Vilarello: Yes. Involving a conflict within a case. Yes.
Commissioner Teele: You have a conflict?
Commissioner Sanchez: Which case is that?
Commissioner Teele: Does it involve your family?
Mr. Vilarello: No. I mean, I can wait for— I'm sorry.
Commissioner Teele: No, let's hear it. I'd like to hear your item.
Mr. Vilarello: "Phis is a request for authorization to engage counsel in the case of the Miami
Association of Firefighters versus the City of Miami. Mayor Carollo has filed a motion to join in
that lawsuit as a party/plaintiff. Based on the fact that the Mayor is also a client that I represent and it
may put me at adverse interest in either his case and/or the City Commission, I have a prohibited
261 November 16, 1999
conflict. I would like to note for the record that Mayor Carollo has advised me several times that he
would waive that conflict. And, in fact, he's reduced that waiver to writing.
Commissioner Teele: That's generous of him.
Mr. Vilarello: However, the conflict is not — there's a couple of steps in the issue. One is waiver by
both parties, which means I would need a waiver from the Mayor and a waiver from the City
Commission. And the third issue, which is the one -- the threshold that I can't cross, is that I would
have to feel comfortable that I could advance the interest of one client without jeopardizing or to the
detriment of another client. And, in this situation, I don't think I can get there. So, I have what I
believe to be a prohibited conflict of interest, even if there's waivers from all sides. So, therefore, I
would recommend that we retain the law firm of Akerman & Senterfitt to represent the City. They
have agreed to represent the City in this case at a very reasonable rate, within the limits of what the
Financial Oversight Hoard has approved in the past.
Vice Chairman Gort: Let me ask you a question.
Commissioner Teele: I would so move, Mr. Chairman, for the purpose of discussion.
Vice Chairman Gort: Motion. Is there a second?
Commissioner Sanchez: There's a second also for...
Vice Chairman Gort: Discussion.
Commissioner Sanchez: For discussion. First of all, any firm that represents us cannot — while they
are representing us, they can't sue us. That's an agreement that you have with them, correct?
Mr. Vilarello: That's right. Attached to the resolution is a retention letter with the firm, where they
have stipulated that, during their representation of the City, they would not be involved in any
litigation against the City. That's a condition that I impose on any firm that does that represents the
City.
Commissioner Sanchez: And you're going to assure that the law firm doesn't have a conflict of
interest to represent us in any way?
Mr. Vilarello: That's correct. This law firm, as any large law firm in the City, will have particular
cases where they've handled matters, either in favor or against the interest of the City. However,
there is no litigation that they're involved in as litigation counsel against the City.
Vice Chairman Gort: Who is this law firm?
Mr. Vilarello: Akerman & Senterfitt.
Commissioner Sanchez: Excellent law firm. One of the top ten law firms in the State of Florida.
Commissioner Teele: In the nation.
Vice Chairman Gort: Let me ask you a question. They have the ability to get all these services pro
bono. Can we do that? I mean...
262 November 16, 1999
Mr. Vilarello: Well, the lead counsel that I have — that I retained in this case has agreed to represent
the City at an hourly rate of two hundred dollar ($200) an hour. He normally charges his hourly rate
of five hundred and fifty dollars ($550) an hour. So, frankly...
Vice Chairman Gort: Can you imagine the publicity he's going to get!
Mr. Vilarello: I would be — I'm embarrassed to have asked him two hundred dollars ($200) an hour.
So, pro bono — it's retired Chief Justice Joseph Hatchet, who is, frankly, we're privileged to have him
represent the City.
Vice Chairman Gort: OK. Thank you.
Commissioner Teele: Let me just say this. The law firm is one of the finest law firms in the nation.
I'm surprised that they would agree to be involved in a matter like this because, clearly, you know, a
lot of people want to stay away from squabbles, as we should. But we confirmed the City Attorney's
tenure, I guess, for another year.
Vice Chairman Gort: No, we didn't.
Commissioner Regalado: No, we didn't.
Commissioner Teele: Oh, we didn't?
Mr. Vilarello: No. You need to consider his reappointment, as well.
Vice Chairman Gort: Both of them.
Commissioner Teele: But in all seriousness, I think one of the things that the City Attorney has done
is, he's really protected his staff and he's pushed them out in the forefront. I thought it were not
appropriate to commend the City Attorney's Office a whole lot in the matter that went before the
Third DCA (District Court of Appeals) because it appears to be gloating, particularly, at that
moment, but we never did express appreciation. Because the City Attorney went into a matter ni
which there were at least seven, eight lawyers and law firms, and they went in without any
co -counsel, and that's always intimidating but, again, it shows the confidence that the City Attorney
has and his staff, and it shows the competence of our staff and I commend you. I didn't commend
you at that time, publicly, because, you know, in the aftermath of that, it takes on a political overture.
By the same standard, stepping back and saying I have a conflict, even though the City Attorney does
not work for the Mayor, the City Attorney works for the board -- the board of directors, as any
attorney does for a corporation. I think you're absolutely correct, and you are the City Attorney for
the Manager, the Mayor, under the Charter, and it really is an ethical dilemma for you to try to
represent the Mayor and to represent his management and, at the same time, be in a litigation, and I
commend you on your own ethics for not trying to be everything to everybody, but drawing the line.
And I further commend you, Mr. Attorney, for, bringing in such a noted law firm and noted jurist.
Any time you engage the Chief Justice of a court, you're going all the way to the top drawer, and no
one can accuse you of selling us out. So, I would hope that the Commissioner also sees you with this
new stature that I have for you and the admiration that I have for you, Alex.
Commissioner Winton: Is that a motion?
263 November 16, 1999
Vice Chairman Gort: Commissioner Teele, I've just been informed by Commissioner Winton that,
after that speech, he's ready to make a nomination of the extension of one-year contract for the
attorney. It's a motion by...
Commissioner Regalado: What is the...
Vice Chairman Gort: It's a motion by Commissioner Winton. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Second.
Commissioner Sanchez: Did he make the motion?
Commissioner Regalado: To nominate Alex?
Commissioner Teele: Yeah.
Vice Chairman Gort: Yes.
Commissioner Regalado: Sure.
Mr. Alejandro Vilarello (City Attorney): It's on Item 2, and it's two years
Commissioner Regalado: I'll second that.
Vice Chairman Gort: It's two years. It's been moved and second.
Mr. Vilarello: Two years until there're three votes against me.
Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 99-900
A RESOLUTION OF THE MIAMI CITY COMMISSION ELECTING AND
REAPPOINTING ALEJANDRO VILARELLO AS CITY ATTORNEY OF
THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE AS PROVIDED FOR
IN THE CITY CHARTER.
264 November 16, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
•• •••Platt vv,"IrIm.,V1+.,AKRRMAN, SENTERFITT & EIDSON, PA`,FOIt'
REPRFSEN'TATI()N OF ,THE CITY OF WAff AND WAL1'ER FOEMAIV, CLERK t7F-THE
CITY �� MIAMI, - LAWSUIT; MIA ASSOCIATION OF OF LOCAL 587, ET
AL, ;TES CIITY bFETiL, ELEVENTH.TUDICIAL CIRCUIT COURT, EASE
I`tb+ 99,�3358, CtNCERNIN(a ISSUES :RELATED TO AMEND
MENTS„TO THE 7 CII"i' OF
MIAA'II CHARTER; `ALI;OCA I'E FIJNL�S. ($50000), PLUS COSTS AS APPROVED BY,
CITY, ATTORNESC; FROM TIDE- SELF-INSURANCE 'AND INSURANCE TRUST FUND.:;
Vice Chairman Gort: At the same time, we'd like to nominate...
Commissioner Sanchez: Make the motion...
Commissioner Teele: We have the motion...
Commissioner Sanchez: Motion to City Clerk.
Commissioner Teele: Motion on the — approval of the...
Commissioner Sanchez: City Clerk.
Commissioner Regalado: City Clerk.
Commissioner Teele: No. But hold it. We have the main motion on the approval of the law firm
that's on the floor.
Vice Chairman Gort: But we passed that already.
Commissioner Regalado: Before we vote on it...
Vice Chairman Gort: OK.
Commissioner Regalado: ...I just want to ask the timetable. What are the timeframe for this lawsuit,
Mr. City Attorney?
265 November 16, 1999
Mr. Alejandro Vilarello (City Attorney): We did have a hearing before Judge Smith yesterday, and
the motion that was filed, her decision is still pending. We do anticipate, because of the nature of this
case, that any ruling will be on an expedited basis. But I can't tell you, with any degree of certainty,
how soon it will be ruled on.
Commissioner Regalado: But are we talking here of appeal to — appeal process here, too, if...?
Mr. Vilarello: There are two separate courses of action that have been taken. The plaintiffs below
have asked the Supreme Court of the State of Florida to exercise jurisdictional over this. That is
discretionary. And, at the same time, Judge Smith also has jurisdiction over the matter, and she is
considering the motion filed by the Mayor at this time. So, it — the case can take two tracks,
depending on Judge Smith's motion -- how Judge Smith responds to the motion .filed.
Commissioner Regalado: Does the City Commission need to set the filing date for the March 14th
election?
Mr. Vilarello: There will be a requirement that we bring forth legislation calling the election, but we
only set the last day for -- we don't have an opening day for qualifications. We only have the last day
to qualify.
Commissioner Regalado: That has to be done.
Mr. Vilarello: Well, that's, in fact, a specific day.
Mr. Walter Foeman (City Clerk): It's 45 days.
Mr. Vilarello: It's 45 days before the election.
Commissioner Regalado: The March l4th election.
Vice Chairman Gort: We need a motion on the law firms.
Commissioner Teele: I move, Mr. Chairman.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved. Is there a second? Discussion? Being none, all in favor state
by saying "aye."
The Commission (Collectively): Aye.
266 November 16, 1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-901
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM
OF AKERMAN, SENTERFITT & EIDSON, P.A. FOR REPRESENTATION
OF THE CITY OF MIAMI AND WALTER FOEMAN, CLERK OF THE CITY
OF MIAMI, IN ANY AND ALL MATTERS THAT HAVE ARISEN OR WILL
ARISE AS A RESULT OF THE LAWSUIT, MIAMI ASSOCIATION OF
FIREFIGHTERS, LOCAL 587, ET AL., VS. CITY OF MIAMI, ET AL,
ELEVENTH JUDICIAL CIRCUIT COURT, CASE NO. 99-23358,
CONCERNING ISSUES RELATED TO AMENDMENTS TO THE CITY OF
MIAMI CHARTER; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT
NOT TO EXCEED $50,000, PLUS COSTS AS APPROED 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 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.
vv.g a. i L� d� J: FOEMAN AS `CITY CLERK OF THE CIT'f OF
Vice Chairman Gort: OK.
Commissioner Teele: Mr. Chairman, I would yield to Mr. Winton regarding the Clerk.
Commissioner Winton: So moved.
Vice Chairman Gort: It's a motion. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second. Any discussion?
267 November 16, 1999
Commissioner Regalado: Yes. I want to commend the City Clerk for the way that he has tried to get
new revenues. I was going to expand an idea that I discussed with him, and I think that the City
Clerk's Office should be in the business of selling videos of the different boards and meetings that are
broadcast on Channel 9. And the reason is that this process is very slow now, and I don't know
through what office it's been done, but we should -- I'm here asking the City Manager to come up on
the 14th with some proposal so the City Clerk would be able to sell to the public all videos pertaining
to all boards that are broadcast on Channel 9. And I will tell you that, if we market this in an
intelligent way, the City Clerk's Office will have another additional income. Remember, when we
started and I supported the Passport Office, and this has been one of the biggest and better projects of
the City Clerk's Office, in terms of income, so I would figure -- I would tell you that the City Clerk's
Office could create an income of several thousand dollars a month by getting into the business of
selling these meetings.
Vice Chairman Gort: We're going to have to make them more interesting.
Commissioner Teele: Is that the motion on the bloopers --the Miami Commission...
Commissioner Sanchez: City of Miami Bloopers.
Commissioner Teele: —bloopers.
Commissioner Regalado: We will -- I tell you...
Commissioner Winton: So, it's worth a lot of money.
Commissioner Regalado: I'll tell you...
Commissioner Sanchez: And, then, of course, the fairy — the sissy episodes.
Commissioner Teele: Hey, hey, hey, hey. I'm going to apologize. You're going to have to
apologize for that.
Vice Chairman Gort: Especially, the public presentations. OK. Pocket items.
Commissioner Regalado: And, you know, you can only sell the legal recordings, not the other
recordings.
Vice Chairman Gort: Pocket items.
Commissioner Teele: Mr. Chairman, let me just...
Vice Chairman Gort: Pocket items.
Commissioner Sanchez: I apologize.
Commissioner Teele: He wants to apologize.
Commissioner Sanchez: I apologize.
Commissioner Teele: I knew you would.
268 November 16, 1999
Vice Chairman Gort: Come on, guys. We're going to get out of here.
Commissioner Teele: Mr. Chairman, I know it's late. But like Stark — where old Sparky sits to
answer Commissioner -- the Attorney wasn't really candid on when will this be over. What's the --
this thing is going to be just like old Sparky. At 12:01, on the night before the primary -- what is that,
March 14th? That's when it will be over, when the Supreme Court hears that final appeal to stay the
election. So, I just want to advise you to be on behalf of judge up there in Tallahassee at 12:01 when
they apply to stop the election. But the City Attorney -- the City Clerk should also be commended --
and I was hoping Commissioner Sanchez would say this -- because when we looked for the budget
issues, the only...
Commissioner Sanchez: Yes, absolutely.
Commissioner Teele: The only person or entity that came forward with constructive efforts to try to
help us pear down the budget really came from the Clerk's Office, and I've never forgotten that. And
I know the City Attorney, you know, and others. But we had department after department say they
couldn't save not even a paper clip from their budget. So, that should also be a part of record in
supporting your tenure. Now, I commend you as well, sir.
Commissioner Sanchez: Pocket items.
Vice Chairman Gort: Pocket item. Congratulations to both of you. Welcome back.
Commissioner Sanchez: Congratulations, City Attorney, City Clerk.
Commissioner Regalado: We haven't vote.
Mr. Walter Foeman (City Clerk): Can we formalize it in a vote?
Vice Chairman Gort: Did we vote on it? We did?
Commissioner Regalado: No, we did not.
Vice Chairman Gort: OK. All in favor state by saying "aye."
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO.99-902
A RESOLUTION OF THE MIAMI CITY COMMISSION ELECTING AND
REAPPOINTING WALTER J. FOEMAN AS CITY CLERK OF THE CITY OF
MIAMI, FLORIDA, TO HOLD OFFICE AS PROVIDED FOR IN THE CITY
CHARTER.
269 November 16, 1999
1
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
83, i AFFIRMAVG Ti#E , RIWAppOINTI OF ALEJANDRO VU ARELLO AS CITE
AT'C)T` OF TIDE CITE Ol~'M;t�rvir (Seese�tiori`;#,80),.
Commissioner Sanchez: Yes. My pocket item, it's a resolution of the City of Miami Commission
authorizing a cap of user fee of twenty-five thousand dollars ($25,000).
Vice Chairman Gort: We need to vote on Alex, too.
Commissioner Teele: We voted on Alex.
Commissioner Winton: We did.
Commissioner Sanchez: We did vote on Alex.
Commissioner Regalado: No, we did not.
Vice Chairman Gort: We already did.
Commissioner Sanchez: Yes, we did.
Commissioner Winton: We didn't?
Commissioner Regalado: No, we did not.
Vice Chairman Gort: I called it.
Mr. Alejandro Vilarello (City Attorney): Please do.
Mr. Foeman: I know, but we — there was a movant and a seconder but we never...
Vice Chairman Gort: All in favor of the reappointment of Alex for the next two years, state by
saying "aye."
The Commission (Collectively): "Aye."
270 November 16, 1999
The following motion was introduced by Commissioner Winton, who moved its
adoption:
MOTION NO. 99-903
A MOTION REAFFIRMING THE REAPPOINTMENT OF
ALEJANDRO VILARELLO AS CITY ATTORNEY OF THE
CITY OF MIAMI.
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.
84 CONCERT PERFORIvIANCB OF. METALLICA BY FANTASMA PRODUCTIONS INC:
AT :THE ORANGE ,BOWL ; STADIUM, AUTI IORIZE USER FEE TO BE .GAPPED AT'
$25000,,AiJTHORIZE IvIAIdAGER.TO,EXECIJTE USE AGREEMENT; CONDI3'ION UPGN:
TIDE ORtiANIZERS ':PAYIleTG AI,L ':NECESSARY COSTS , OF CITY SERVICES AND'
APPLICABLE_FEES, ;OBTAII�tING INSURANCE., '
[AT THIS POINT, COMMISSIONER SANCHEZ READ THE RESOLUTION INTO THE
PUBLIC RECORD].
Commissioner Sanchez: This will allow the City also to take a surcharge, retain all revenues for food
and beverage and parking. In addition to user fee, the organization will pay for the necessary costs,
et cetera, et cetera. The event is also expected to produce net revenue to the City in excess of three
hundred thousand dollars ($300,000). So move.
Mr. Donald Warshaw (City Manager): Just for the record, Commissioner, that's December 28,
Commissioner.
Vice Chairman Gort: Is there a second?
Commissioner Teele: It's a second for the discussion. Does the Manager have an opposition?
Commissioner Sanchez: It says here the 270i.
Mr. Warshaw: There's a coversheet -- I think...
Commissioner Sanchez: The 2.8°i. Correction. On the 280'.
271 November 16, 1999
Mr. Warshaw: The 28th.
Commissioner Sanchez: So moved.
Commissioner Regalado: Second.
Commissioner Teele: Does the Manager have an...
Mr. Warshaw: Supports this. Supports this.
Vice Chairman Gort: OK. Anyone -- all in favor state by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-904
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), RELATED TO A CONCERT' PERFORMANCE OF
METALLICA TO BE PRESENTED BY FANTASMA PRODUCTIONS, INC.
ON DECEMBER 27, 1999, AT THE ORANGE BOWL STADIUM;
AUTHORLZING THE USER FEE TO BE CAPPED AT THE AMOUNT OF
$25,000 FOR SAID EVENT; AUTHORIZING THE CITY MANAGER TO
EXECUTE A USER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH FANTASMA PRODUCTIONS, INC. FOR SAID PURPOSE;
FURTHER CONDITIONING SAID AUTHORIZATIONS UPON THE
ORGANIZERS PAYING ALL NECESSARY COSTS OF CITY SERVICES
AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT, OBTAINING
INSURANCE TO PROTECT THE CITY IN AN AMOUNT AS PRESCRIBED
BY THE CITY MANAGER OR HIS DESIGNEE, AND COMPLYING WITH
ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY
THE CITY MANAGER OR DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chainnan Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None,
272 November 16, 1999
Y t'
Vice Chairman Gort: Any other pocket items?
Commissioner Regalado: Yes, I do.
Commissioner Teele: Mr. Chairman, I would like to defer the majority of the items on my district
agenda. I would like to bring up two items. This is a resolution directing that the City Clerk issue a
report — develop and issue a report regarding the implementation of the Legistar System. The
Legistar System is a system that is designed for the agendas, and it would provide on-line agendas so
that the kinds of issue we're talking about, where something is done after it goes into the computer, it,
in effect, will always be available up until the last moment, and we can always pull it down and the
public can pull down any item that has been filed, including pocket items. And what we would ask
the Clerk to do is to sit down with the Legistar people at the County and with consultants and give us
a report as to whether or not you think it's feasible to implement it with the City. I would so move,
Mr. Chairman.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Sanchez: Second.
Commissioner Winton: Second.
Commissioner Regalado: Second.
Vice Chairman Gort: Discussion. Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-905
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY CLERK TO RESEARCH THE POTENTIALITY OF IMPLEMENTING
A COMPUTER PROGRAM KNOWN AS LEGISTAR, A LEGISLATIVE AND
AGENDA INFORMATION AND MANAGEMENT TRACKING SYSTEM;
FURTHER DIRECTING THE CITY CLERK TO PRESENT A REPORT OF
HIS FINDINGS TO THE CITY COMMISSION BY FEBRUARY 1, 2000.
273 November 16, 1999
{
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gott
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
EIG[EElo1't' o) ci Tt RE '14i.Ct71VIlViITTE1
Commissioner Teele: Mr. Chairman?
Vice Chairman Gott: Yes, sir.
Commissioner Teele: Now, we got into this box and I hope that the press is still here. You know,
these elections come very quickly and it's always the last minute recrimination that you rush
something through. This Commission heard from the Charter Review Committee a series of some
nine — eight or nine items. In fact, we voted initially to put on some seven items on the ballot and the
Mayor vetoed four of them, I believe. Ali of them -- well, he didn't veto one or two. He didn't veto
the term limits for the Commission. But, in any event, we said that we would review those four
matters when they came back, as well as other matters. The main package of legislative reform or
Charter reforms that the attorney wanted, we pulled off; is that correct, Mr. Attorney? We're talking
now about the Charter Review process. We put your package on hold, the technical items, and we
took up the four land review items, a then we pulled those off.
Mr. Alejandro Vilarello (City Attorney): The Charter sections 29A, B and C, yes, sir.
Commissioner Teele: So, now, I want everybody to look at the calendar. We have, literally, from
today until what day to make a decision about putting these items on the ballot?
Mr. Walter Foeman (City Clerk): January 14 is the last day with respect to any Charter issues that
we can put something on the ballot.
Commissioner Teele: So, we've got until -- between now and January 11. We probably need to go
ahead and schedule a meeting for January 14, as well, if we're going to do this because we need to
have enough discussion. But the point I'm trying to show us is, we really don't have time. I would
like to thank Commissioner Gott for his services to chair of the Charter committee and ask
Commissioner Winton if lie would serve as the chair of the Charter committee. And, Johnny, the
point is this. If you don't want an item to go fonvard, you know, then you'll be able to recommend it.
But I think the best way to ensure that we're trying to put only those things on the ballot that have the
support of the staff and have the support of the attorney (and may be they're controversial, but they'll
come here) is to involve you directly, if you're so inclined. 1 know there are a lot of things coming at
274 November 16, 1999
you, but the fact of the matter is, there is nothing more important than the Constitution and the
Charter of this City. And there are, at least, four items relating to property, Mr. Manager. Two of
them, which I know you pushed very hard for and I did not support you after the Mayor vetoed them
and I sustained his work -- to sustain his veto, but we promised you that we would give you a shot at
putting those items on because you felt very strongly they were in the best interest of the public. So,
we've got technical items on property, technical items that the attorney has and we, literally, don't
have but two or three meetings -- two meetings to get this reviewed. And, quite frankly, it's going to
have to be done outside of the Commission. Coming in new, Commissioner Winton, I don't want to
put you on the hot seat if you don't feel that you have the time or inclined to do it. You know, I
would respect that. But, again, I think it should be your right of first refusal.
Commissioner Winton: Thank you for allowing me the right of first refusal. Thank you very much.
I will take that right of first refusal.
Commissioner Teele: Well, Mr. Attorney -- Mr. Chairman, then what I would like to do is begin the
boundary process that we've discussed with a two -member committee. I was hoping that you and
Commissioner Regalado would agree to chair the boundaries, in that your areas are the western most
areas. You have the western most area, right?
Commissioner Regalado: Yes.
Commissioner Teele: And you have the western area on the north end of the City, Commissioner
Gort. Because we can't go to the east. The east is the ocean, the bay. So, all the boundary changes
we're going to make are going to be made either to the west or to the north or to the south,
Commissioner Regalado: Or to the south.
Commissioner Teele: Or to the south. And, Mr. Attorney, would you read the ordinance for first
reading that would just establish this so that we can begin the process? As you know, the County has
entertained boundary adjustments now for the Iast four years, and cities have not -- most cities --
Coral Gables has adjusted their boundary. Homestead has adjusted their boundary. Several other
cities have. Miami is the only mayor city that has not looked at the issue seriously, and I believe that
it -- while the County is saying that they want these boundary adjustments to be relatively
revenue -neutral, I think it could have a very positive impact on our ad valorem tax base, if it's done
properly and thoughtfully.
Mr. Alejandro Vilarello (City Attorney): Of course. It's not an ordinance. It's a resolution.
[AT THIS POINT, THE CITY ATTORNEY READ THE RESOLUTION INTO THE PUBLIC
RECORD.]
Vice Chairman Gort: OK.
Commissioner Teele: I would move the resolution to begin the process, and it would be my intent
that we would have two co-chairs. Does it list the number of people?
275 November 16, 1999
Mr. Vilarello: Currently, we have it listed as "Shall consist of seven voting members." One voting
member shall be a City Commissioner -- appointed by the City Commissioners and shall serve as
chairperson; two voting members appointed by the Mayor, and four voting members appointed by
the City Commission, with each member of the City Commission nominating one individual, except
that individual Commissioner who is acting as the chair.
Commissioner Teele: Could we amend that to the Commission appointing two members and the
chair appointing one additional person, or the two co-chairs -- two Commission co-chairs?
Commissioner Regalado: That presents a problem with the Sunshine Law?
Commissioner Teele: The committee is under the Sunshine Law anyway.
Vice Chairman Gort: You have to meet...
Commissioner Teele: You've got to meet in the public anyway.
Mr. Vilarello: That's correct.
Vice Chairman Gort: OK. There's a motion. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Been moved and second. Any discussion? Being none, all in favor state by
saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-906
A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING
THE CITY OF MIAMI JURISDICTIONAL BOUNDARIES COMMITTEE
("COMMITTEE") FOR A PERIOD NOT TO EXCEED ONE YEAR TO
EVALUATE, ADVISE AND MAKE RECOMMENDATIONS TO THE CITY
COMMISSION REGARDING POSSIBLE CITY OF MIAMI MUNICIPAL
BOUNDARY CHANGES; SETTING FORTH SAID COMMITTEE'S
PURPOSE, POWERS, AND DUTIES; AND PROVIDING FOR OFFICERS,
MEETINGS; QUORUMS, AND REQUIREMENTS FOR MEMBERSHIP.
276 November 16, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: OK.
Commissioner Teele: Mr. Chairman, if I could just, very briefly, without getting into this, the City of
Miami is shown here in green. There are pockets obviously up here in the northeast.
Vice Chairman Gort: A lot of pockets are there. I can tell you, Melrose, which is that little square
you just went by, that white square in the green.
Commissioner Regalado: This is Melrose...
Vice Chairman Gort: That's a problem that we -- that's one area that's being ignored completely by
the County,
Commissioner Teele: They totally ignore it because — I mean, the City hasn't done this area right
because the City has got this area surrounded and we -- while it's in the County, the City needs to
look at this. You also have this ability to move across t the west, under the airport. And the potential
of annexing as much as of this makes sense.
Commissioner Regalado: You have Little Gables here, which is a county -- twenty blocks -- square
block, that it's really dirty by the way. They don't take care of it, so it's a possibility.
Commissioner Teele: This entire area here between Hialeah and 27th Avenue is primarily
commercial, industrial. Warehouses in here, which would be very, very positive, while some of this
area is relatively poor. But you have a lot of combinations, and I think one of the things that we
should say is that the intent is to ensure that the population, as it relates to the Hispanic population, is
not to dilute the Hispanic population because I know how the politics and the demagoguery can start,
that what you're doing is diluting one — the majority group. And I think the instructions of the
committee should be not to dilute the dominant population base, whatever that is.
Vice Chairman Gort: OK. Let me tell you, that's one topic that has been discussed from way before.
That's something that has been -- my understanding is it was discussed 10, 15 years ago.
Commissioner Teele: Yeah. There are some other issues, like at five hundred thousand people, you
get a lot more federal assistance and if you qualify under a different formula for federal funds, as
well.
277 November 16, 1999
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bF41M COD94 "�121b1 t O1F $IJSIN 55 AND, 501
j1jy{5��;`} fi�j tES)P� iS 1 'Tip OF AGENDAtAtIbAN
Commissioner Teele: The only other matter, Mr. Chairman, would be to move the balance, I guess,
of the agenda — oh, I'm sorry. To read, for first reading, the transfer of the agenda coordination to
City Attorney's Office. And, Mr. Winton, let me explain. This is something that we have already
agreed to do in this regard. The agenda coordinator works for the Manager, which works for the
Commission, under a Manager/Commission form of government. When we went to the Executive
Mayor form of government, the Clerk -- the agenda coordination should have gone immediately
either to the Clerk or the attorney, as it is in the county. In that the Manager doesn't work for the
Commission, the Manager does work for the Mayor. The agenda is the Commission agenda. That is
our legislative document. Sort of like the Clerk of the House working for the President of the United
States. Going to the Strong Mayor Form of Government absolutely necessitates it because once you
have a Strong Mayor Form of Government, all of the persons that work for the Manager or work for
the Mayor because there is no Manager are accountable to them, and the agenda coordination process
doesn't even have a dual responsibility. And, so, the agenda coordinator is no more than the clerk or
the agenda clerk for the Commission agenda, and that's what their role is. Remember, the Manager
is removed in the Strong Mayor form of government from the entire process.
Commissioner Regalado: But if and when the new Mayor is elected...
Commissioner Teele: What do you mean, if and when?
Commissioner Regalado: You're talking about the Supreme Court and all that. What I'm saying is,
on March the 14th, Arthur, then, according to what we decided, the agenda will fall on the Chairman
of the Commission, is that...
Commissioner Teele: Well, that's a whole nother...
Commissioner Sanchez: That's tinder Strong Mayor type of government.
Vice Chairman Gort: That was my understanding.
Commissioner Regalado: That's what I'm saying. On March 14" ...
Commissioner Teele: Under a strong Mayor type of government that we're going to -- on March
14...
Commissioner Regalado: Only three months away or four months away.
Commissioner Teele: ...which is only three months away. On March 101, the Mayor no longer
appoints the chairman of the Commission. The Chairman of the Commission and the Commission
are totally separated. Right now under the Executive Mayor Form of Government that we previously
had, the Mayor appoints and organizes the Commission. The Mayor appoints the committee chairs.
The Mayor does those appointments. On March 140i, as a result of the Charter Amendment that has
already passed, the Commission organizes and runs itself, and the agenda coordination is simply a
278 November 16, 1999
part of that, as is the Sergeant At Arms. So, that's the purpose of it, and that's how it will work, and
that is consistent with the legislative form of government as opposed to the executive.
Commissioner Sanchez: Mr. Vice Chair. So, what you're proposing now is to change it now before
March the 14t', where...
Commissioner Teele: Well, a lot of the changes will take place before. For example, on January 1,
the Auditor General kicks in. But the issue of the agenda coordinator is not tied to the Executive
Mayor/Strong Mayor. It really should have been -- it should have been done when we moved from
the Mayor/Commission to an Executive Mayor.
Vice Chairman Gort: Art, let me ask you a question. My understanding right now, the agenda is put
together by the needs and the administration sees the things that needs to be approved by us, like
purchasing and legislation and so on. How will the attorney -- who will the attorney work with?
Because the attorney does not have that relationship with staff and the administration and so on, to
put the agenda together.
Commissioner Teele: Sure.
Vice Chairman Gort: And the need of the agenda.
Commissioner Teele: Sure.
Vice Chairman Gort: I think the attorney has got enough problems as it is right now. We can't get
the contracts out of the Attorney's Office.
Commissioner Sanchez: If I may, just fora minute. I think --I feel —and this is just...
Vice Chairman Gort: Alex, a lot of board meetings that I go to, the biggest complaint that I get, that
we cannot get most of the contracts soon enough. Maybe it's because they wanted to expedite it or
something like that.
Commissioner Winton: That's correct.
Mr. Vilarello: With regard to contracts, each and every time that the issue has been brought to my
attention, I think I've addressed it. And, in particular -- I've shown in those particular instances that
they were not sued. That's not the issue that's before us.
Commissioner Winton: I guess I'm confused. What we're trying to do is make a change that will be
only a three-month change and it's going to have to change again at the end of three months?
Commissioner Teele: No, not at all. When the Commission was a Commission — a Mayor/Manager
— a Commission/Manager form of government and changed to an Executive Mayor, like in the
County, the agenda coordinator should have shifted either to the Clerk's Office or the Attorney's
Office because those are the two offices that support the legislative branch, as they do in the County
right now. The agenda coordinator, now is in the county, is prepared directly through the County
Attorneys Office -- coordinated through the County Attorney's Office and works through the
Mayor's Office. The fact is, is that the agenda coordinator is a legislative apparatus. It's the agenda
for the legislative Commission agenda. With a Strong Mayor Form of Government you absolutely
have to move the Agenda Coordination, because under the Strong Mayor Form of Government, you
279 November 16, 1999
no longer have a Manager, at all. What you have is a Mayor, and you don't have the legislative
Agenda Coordinator working for the Mayor.
Commissioner Sanchez: Mr. Vice Chair, it's been a long day. And let me tell you, as twenty percent
of this legislative body, I feel much comfortable speaking to the City Manager or whoever is in that
department than talking to the City Attorney pertaining to an item on the legislation. On the matter
of putting a legislation or putting an agenda together, I've seen the process. It's a lengthy, very
complex process that, I think, that in three months, if we were to take this step, we would just create
more confusion and more friction between the things that are going on. And it's just me speaking
now. I feel more comfortable having the City Attorney, at this point, prepare the agenda because the
attorneys...
Commissioner Winton: Having who?
Commissioner Sanchez: Having the City Manager. I'm sorry. Having the City Manager because
the City Attorney, for one, they are overworked. I don't think they have the resources to prepare and
orchestrate and present to us an agenda. Now, when the government changes or when our form of
government changes, you know, the chair will run it. The changes of the infrastructure that will
change with the government, I think, at that time, the change will be more acceptable than doing it
now, where I just think it's just more -- creates more problems and more confusion for the
legislation.
Commissioner Teele: Well, I have no problems deferring it but let's be very clear here. You know,
we should not have changed the form of government if we're not going to change the infrastructure
to support it, and you don't wait until the change — see, this is how we've gotten in trouble on all the
other changes. We've waited until the change goes in effect, and we're saying "Well, what are we
doing with the change?" I think it is too late to maybe take this up. The reporter has now got a few
sound bites he'd like to try to get out there and...
Commissioner Sanchez: Art, with all due respect, I would move to defer the item.
Commissioner Teele: OK. And I second the motion.
Vice Chairman Gort: OK.
AW V L, AND INSTALLATION OF PLAYGROUND EQUIPMENT, SITE
FURNISI INGS AND BLEACHERS AT VARIOUS CITY PARKS FROM VARIOUS
VENDORS, UNDER , EXISTING MIAMI-DADE COUNTY CONTRACT SUBJECT TO
FURTHER; EXTENSIONS ' BY THE COUNTY, FOR THE DEPARTMENT OF PARKS. AND
RECREATION, ($226,528:57); ALLOCATE FUNDS FROM THREE (3) SOURCES, THE
DEPARTMENT QF PARKS AND RECREATION GENERAL OPERATING BUDGET FOR
FY 99- QP'RATING BUDGET, THE COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS (CDBG), AND SAFE NEIGHBORHOOD PARK BAND FUNDS (SNPB)
APPROPRIATED UNDER SECTION VI OF THE CITY'S GENERAL APPROPRIATIONS
ORD NANcE NO: 11748.
Commissioner Regalado: Mr. Chairman, I have a second pocket item that I think is important.
Vice Chairman Gort: Yes. Go right ahead. I've got one.
280 November 16, 1999
Commissioner Regalado: OK. Can I go ahead? This is a resolution authorizing the purchase and
installation of playground equipment, furnishings and bleachers at various city parks from various
vendors, under an existing Miami -Dade contract. This is a total amount not to exceed two hundred
and twenty-six thousand dollars ($226,000) for the Department of Parks and Recreation. The
problem was that the Parks Department could not get into this agenda. Since we only have decided
that we had a meeting in December...
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Yes. So, this is...
Commissioner Teele: Second.
Commissioner Sanchez: Second.
' ice Chairman Gort: Second. Any further discussion? Being none, all in favor state by saying
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO.99-907
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
ACQUISITION AND INSTALLATION OF PLAYGROUND EQUIPMENT,
SITE FURNISHINGS AND BLEACHERS AT VARIOUS CITY PARKS
FROM VARIOUS VENDORS, FOR THE DEPARTMENT OF PARKS AND
RECREATION, UTILIZING EXISTING MIAMI-DADE COUNTY
CONTRACT NO. 4907-3198, AT A TOTAL AMOUNT NOT TO EXCEED
$226,528.57; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF PARKS AND RECREATION GENERAL OPERATING
BUDGET FOR FISCAL YEAR 1999-2000, THE SAFE NEIGHBORHOOD
PARK BOND PROGRAM AND COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS, AS APPROPRIATED IN ORDINANCE NOS. 11705, AS
AMENDED, AND 11839, THE ANNUAL APPROPRIATIONS AND
CAPITAL IMPROVEMENT PROJECTS ORDINANCES.
281 November 16, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you. I have a pocket item, people. I'd like to read it into the record,
please. Do you all have a copy of this?
Commissioner Teele: Excuse me. The Manager does support that item that we just passed?
Mr. Donald Warshaw (City Manager): Yes, sir.
Vice Chairman Gort: This is a pocket item that I'd like to, at this time-- because the elections in the
history of the City of Miami, since we have term limits, there will never be anyone that would be
able to be elected for 30 years, like J.L. Plummer has. So, whereas, at this time, I'd like to pass a
resolution of the Miami City Commission designating Commissioner J.L. Plummer, Jr. as
Commissioner Emeritus of the City of Miami.
Commissioner Teele: It's properly moved by Commissioner Gort. Is there a second?
Commissioner Sanchez: Second.
Commissioner Teele: Seconded by Commissioner Sanchez. Discussion? Is there discussion?
There being no discussion, roll call, Mr. Clerk.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO.00-908
A RESOLUTION OF THE MIAMI CITY COMMISSION DESIGNATING
COMMISSIONER J.L. PLUMMER, JR. AS COMMISSIONER EMERITUS OF
THE CITY OF MIAMI.
282 November 16, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
91, COMMEND KAY .DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS, FOR
1EiIS 2$ AND,A HALF YEARS O DISTINGUISHED AND HONORABLE SERVE TOV;THE
triTY °OF MIA);v[I � ..
Vice Chairman Gort: And the last -- Jim Kay's last Commissioner meeting today. My
understanding, Commissioner Teele, you had a motion. What was the motion that you had for
honoring...
Commissioner Teele: Honoring Jim Kay, and commending him on his absolutely distinguished,
unblemished, outstanding service of how many years?
Mr. Jim Kay: Twenty-eight and a half years.
Commissioner Teele: Twenty-eight and a half years. And urging that you come back and help us
any way you can, and don't get lost on us.
Mr. Kay: OK, sir.
Commissioner Teele: But I think you represent the best in a professional and we commend you.
(applause) And 1 would so move that a resolution be prepared and enrolled with the -- providing for
the signatures of all five Commissioners.
Vice Chairman Gort: Thank you, Jim. Good night people. Thank you very much
Commissioner Regalado: Second. Second.
Commissioner Teele: Call the question.
Commissioner Regalado: Call the question, please.
Commissioner Teele: All in favor...
283 November 16, 1999
G"
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-909
A MOTION COMMENDING JIM KAY, DIRECTOR OF THE
DEPARTMENT OF PUBLIC WORKS, FOR HIS 28 AND A HALF
YEARS OF DISTINGUISHED AND HONORABLE SERVICE TO
THE CITY OF MIAMI.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
284 November 16, 1999
c")
0
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:47 PM.
ATTEST:
Walter Foeman
CITY CLERK
Sylvia Lowman
ASSISTANT CITY CLERK
JOE CAROLLO
MAYOR
(SEAL)
285 November 16, 1999