HomeMy WebLinkAboutCC 2003-06-25 MinutesMINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 25th day of June 2003, the City Commission of Miami, Florida, met at its regular
meeting place City Hall, 3500 Pan American Drive, Miami, Florida, in regular session.
The meeting was called to order at 9:09 a.m. by Vice Chairman Teele with the following
members of the Commission found to be present:
Commissioner Angel Gonzalez (District 1)
Chairman Johnny L. Winton (District 2)
Commissioner Joe Sanchez (District 3) (entered at 9:13 a.m.)
Commissioner Tomas Regalado (District 4)
Vice Chairman Arthur E. Teele, Jr. (District 5) (entered at 9:24 a.m.)
ABSENT:
Joe Arriola, City Manager
ALSO PRESENT:
Mayor Manuel A. Diaz
Alejandro Vilarello, City Attorney
Linda Haskins, Deputy City Manager
Priscilla A. Thompson, City Clerk
Sylvia Scheider, Assistant City Clerk
Chairman Winton: I'd like to call to order our Commission meeting of June 25, and would like
to start it off by Commissioner Regalado leading us in the invocation, and Commissioner
Gonzalez, pledge of allegiance, please.
An invocation was delivered by Commissioner Regalado, followed by Commissioner Gonzdlez
leading those present in a pledge of allegiance to the flag.
1 June 25, 2003
1. COMMENTS REGARDING ORDER OF DAY; COMMENTS REGARDING
APPOINTMENTS TO CHARTER REVIEW COMMITTEE (See #15 & 29).
Chairman Winton: Just so everyone understands, we're on a mission this morning. That mission
is to have this Commission meeting completed by the noon break, so off we go. We --
obviously, we don't have everyone here. Mr. City Attorney, we're going to start through the
agenda and all five Commissioners are here. There is a process whereby we could rehear an
agenda item if any Commissioner wants to bring it back who wasn't here this morning?
Alejandro Vilarello (City Attorney): Certainly. Any item that is adopted by the City
Commission this morning can be reconsidered --
Chairman Winton: Great --
Mr. Vilarello: -- before the close of the meeting.
Chairman Winton: -- so I would like to put that on the record that we're certainly willing to do
that. We'll go through this agenda, and if any Commissioner -- if the two Commissioners who
aren't here on any of the agenda items would like to revisit those issues, we'll be happy to do so.
There are -- you know what? I've been chairman I don't know how long, and I've never said
this, so maybe I've been in violation. Mr. City Attorney, am I supposed to announce that there
are no mayoral vetoes?
Mr. Vilarello: Actually, the last -- it was at the last meeting, your special meeting, that that took
place.
Chairman Winton: Oh. Well, I don't seem to ever do that. I -- you know, it's another one of
those tasks that I don't get done.
Mr. Vilarello: It's on your agenda, and we would have refreshed your memory if --
Chairman Winton: Thank you.
Mr. Vilarello: -- there was a veto.
Chairman Winton: Great. I'd also like to remind each of the Commissioners that we're -- we've
-- we want to get -- today, we need each of you, and we're going to -- Commissioner Regalado --
hand out a list of the past members of the Charter Review Committee. If we're going to get this
Charter review thing done, we need to start it now and so we --
Commissioner Regalado: I'm ready to make appointment.
Chairman Winton: Great, and I'll give you a list also of each of them, and -- because we --
Commissioner Regalado: Want to make the appointment now?
2 June 25, 2003
Chairman Winton: -- need to make those appointments today. I'll bring it up a little -- when the
other two Commissioners get here. Mr. Mayor, would you like to wait until the other two
Commissioners get here for your events?
Mayor Manuel A. Diaz: (INAUDIBLE).
Chairman Winton: OK, fine.
2. CONSENT AGENDA.
Chairman Winton: So, let's go to the CA (consent agenda) agenda, if you don't mind. Madam
Manager, do you have any CA items you're going to pull?
Linda Haskins (Deputy City Manager): Yes. CA.3 will be deferred.
Chairman Winton: And --
Commissioner Gonzalez: CA.3 will be deferred?
Chairman Winton: Yes.
Commissioner Gonzalez: OK.
Chairman Winton: I will tell you there's an awful lot of concern out there about CA.3, so when
you bring it back, you probably ought to put it on a regular agenda item, and I'm not sure there's
a lot -- Oh. There is a lot of concern about that.
Ms. Haskins: That's what we'll do.
Chairman Winton: OK, and CA.8, could y'all just explain the details of CA.8? I don't -- I'm
not sure I understand what's going on there.
Commissioner Regalado: CA.8?
Chairman Winton: 8.
Commissioner Regalado: Oh, that's the lease for the Flagami NET (Neighborhood Enhancement
Team).
Chairman Winton: Well, I couldn't figure out who's doing --
Commissioner Regalado: We just paid the electricity; that's all.
Chairman Winton: We're just doing what?
Commissioner Regalado: We pay the electricity and the water.
3 June 25, 2003
Chairman Winton: Oh, OK. Got it.
Commissioner Regalado: That's what I --
Chairman Winton: That's all I need.
Commissioner Regalado: -- understand.
Chairman Winton: OK. Need a motion on adopting the CA agenda.
Commissioner Regalado: Move it.
Chairman Winton: Got a motion and a second. Discussion? Being none --
Commissioner Gonzalez: Second.
Chairman Winton: -- all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
Note for the Record: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA
ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION
CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR
AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY
COMMISSION.
THEREUPON, ON MOTION DULY MADE BY COMMISSIONER REGALADO AND
SECONDED BY COMMISSIONER GONZALEZ, THE CONSENT AGENDA ITEMS WERE
PASSED BY THE FOLLOWING VOTE:
AYES: Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
NAYS: None
ABSENT: Vice Chairman Arthur E. Teele, Jr.
Commissioner Joe Sanchez
4 June 25, 2003
2.1 AUTHORIZE MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENT,
REVOCABLE AT -WILL, WITH FAMILY CHRISTIAN ASSOCIATION OF AMERICA,
INC., NOT-FOR-PROFIT ORGANIZATION, FOR USE OF 875 SQUARE FEET OF SPACE
WITHIN BUILDING OF PROPERTY KNOWN AS RANGE PARK, LOCATED AT 525
NORTHWEST 62ND STREET, TO PROVIDE COMPUTER EDUCATION PROGRAMS, AT
USE FEE OF $590.88.
RESOLUTION NO. 03-714
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S) AUTHORIZING THE CITY MANAGER TO EXECUTE A
REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), REVOCABLE
AT -WILL, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FAMILY
CHRISTIAN ASSOCIATION OF AMERICA, INC., A NOT-FOR-PROFIT
ORGANIZATION, FOR USE OF APPROXIMATELY 875 SQUARE FEET OF
SPACE WITHIN THE BUILDING OF THE PROPERTY KNOWN AS RANGE
PARK, LOCATED AT 525 NORTHWEST 62ND STREET, MIAMI, FLORIDA,
TO PROVIDE COMPUTER EDUCATION PROGRAMS, AT A USE FEE OF
$590.99 PER MONTH PLUS FLORIDA STATE USE TAX, IF APPLICABLE,
AND UNDER THE TERMS AND CONDITIONS SET FORTH IN THE
AGREEMENT.
2.2 AUTHORIZE MANAGER TO EXECUTE LEASE AGREEMENT BETWEEN CITY AND
STATE OF FLORIDA, BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST
FUND, FOR CITY'S USE OF SUBMERGED LANDS OWNED BY STATE ADJACENT TO
CITY UPLAND PROPERTY AT 250 NORTHWEST NORTH RIVER DRIVE, A/K/A
LUMMUS PARK.
RESOLUTION NO. 03-715
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA,
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND, FOR THE CITY'S USE OF SUBMERGED LANDS OWNED BY THE
STATE OF FLORIDA ADJACENT TO CITY UPLAND PROPERTY AT 250
NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, A/K/A LUMMUS
PARK, FOR A FIVE-YEAR TERM, AT NO RENTAL FEE FOR AS LONG AS
THE SLIPS ARE USED FOR TEMPORARY DOCKAGE.
5 June 25, 2003
2.3 AUTHORIZE MANAGER TO EXECUTE MAINTENANCE MEMORANDUM
AGREEMENT WITH MIAMI-DADE COUNTY, CITY, AND STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT), FOR PURPOSE OF ESTABLISHING
MAINTENANCE RESPONSIBILITIES OF BRIDGE FACILITIES THAT CONTAIN
LANDSCAPE AREAS FOR COUNTY, CITY, AND FDOT.
RESOLUTION NO. 03-716
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
MAINTENANCE MEMORANDUM AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN MIAMI-DADE
COUNTY ("COUNTY"), THE CITY OF MIAMI ("CITY"), AND THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), TO
ESTABLISH MAINTENANCE RESPONSIBILITIES OF THE BRIDGE
FACILITIES THAT CONTAIN LANDSCAPED AREAS FOR THE CITY, THE
COUNTY, AND FDOT.
2.4 APPROVE ASSIGNMENT OF PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY AND IMAGE NETWORK, INC. D/B/A DOVER, KOHL & PARTNERS WITH A+S
ARCHITECTS, FOR MASTER PLANNING SERVICES IN MODEL CITY
HOMEOWNERSHIP ZONE ENTERED INTO SEPTEMBER 1, 2001.
RESOLUTION NO. 03-717
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING THE ASSIGNMENT OF THE
PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") BETWEEN
THE CITY OF MIAMI AND IMAGE NETWORK, INC. D/B/A DOVER,
KOHL & PARTNERS, AND A+S ARCHITECTS, EXECUTED ON
SEPTEMBER 1, 2001, TO THE MODEL CITY COMMUNITY
REVITALIZATION DISTRICT TRUST, FOR MASTER PLANNING
SERVICES IN THE MODEL CITY HOMEOWNERSHIP ZONE;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO
THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR
SAID PURPOSE.
6 June 25, 2003
2.5 AUTHORIZE MANAGER TO EXECUTE ASSIGNMENT OF PROFESSIONAL
AGREEMENT FROM SURVEYING AND MAPPING SERVICES FIRM OF FERNANDO Z.
GATELL, P.L.S., INC., TO F.R. ALEMAN AND ASSOCIATES, INC., TO PROVIDE
PROFESSIONAL LAND SURVEYING AND MAPPING SERVICES TO CITY.
RESOLUTION NO. 03-718
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE ASSIGNMENT OF A
PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") FROM THE
SURVEYING AND MAPPING SERVICES FIRM OF FERNANDO Z.
GATELL, P.L.S., INC., ("GATELL") TO F.R. ALEMAN AND ASSOCIATES,
INC., ("ALEMAN") TO PROVIDE PROFESSIONAL LAND SURVEYING
AND MAPPING SERVICES AS SET FORTH IN THE AGREEMENT;
CONFERING GATELL' S REMAINING BALANCE OF THE NOT -TO -
EXCEED CUMULATIVE COMPESNATION OF $200,000 TO ALEMAN;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
2.6 ACCEPT DONATION, $30,000, FROM MICROSOFT CORPORATION TO ASSIST
WITH DEPLOYMENT OF CITY -OWNED WINDOWS XP OPERATING SYSTEM AND
OFFICE XP/OFFICE 2003 LICENSES ON CITY -OWNED DESKTOP COMPUTERS AT
VARIOUS CITY OF MIAMI LOCATIONS, WITH DEPLOYMENT SERVICES PROVIDED
BY MICROSOFT CERTIFIED PARTNER, ADVANCED SYSTEMS DESIGN, INC. (ASD),
WITH PAYMENTS MADE BY MICROSOFT DIRECTLY TO ASD UP TO TOTAL
DOLLAR VALUE OF $30,000.
RESOLUTION NO. 03-719
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A
DONATION, IN THE AMOUNT OF $30,000, FROM THE MICROSOFT
CORPORATION ("MICROSOFT") TO ASSIST WITH THE DEPLOYMENT
OF CITY -OWNED WINDOWS XP OPERATING SYSTEM AND OFFICE
XP/OFFICE 2003 LICENSES ON CITY -OWNED DESKTOP COMPUTERS
AT VARIOUS CITY OF MIAMI LOCATIONS, WITH DEPLOYMENT
SERVICES PROVIDED BY A MICROSOFT CERTIFIED PARTNER,
ADVANCED SYSTEMS DESIGN, INC. ("ASD"), WITH PAYMENTS MADE
BY MICROSOFT DIRECTLY TO ASD UP TO A TOTAL DOLLAR VALUE
OF $30,000; AUTHORIZING THE CITY MANAGER TO ACCEPT THE
DONATION AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY.
7 June 25, 2003
2.7 AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 2 TO SUBLEASE
AGREEMENT BETWEEN CITY AND ALL FLORIDA DRIVER IMPROVEMENT
SCHOOL -CENTRAL, INC., (LESSOR) FOR OFFICE SPACE AT 3802 NORTHWEST 11TH
STREET, AS FLAGAMI NET SERVICE CENTER AND DEPARTMENT OF POLICE MINI
SUB -STATION OFFICES, EXTENDING AGREEMENT FOR FIVE YEARS.
RESOLUTION NO. 03-720
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO.2, IN SUBSTANTIALLY THE ATTACHED FORM, TO
THE SUBLEASE AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF
MIAMI AND ALL FLORIDA DRIVER IMPROVEMENT SCHOOL -
CENTRAL, INC., ("LESSOR") FOR OFFICE SPACE AT 3802 NORTHWEST
11TH STREET, MIAMI, FLORIDA, AS THE FLAGAMI NET SERVICE
CENTER AND THE DEPARTMENT OF POLICE MINI SUB -STATION
OFFICES, EXTENDING THE AGREEMENT FOR FIVE YEARS,
COMMENCING JULY 1, 2003, WITH AN ANNUAL FEE OF $1.00, AND
REIMBURSEMENT TO THE LESSOR OF $225 PER MONTH FOR
ELECTRIC AND WATER AND SUBJECT TO TERMS AND CONDITIONS
AS SET FORTH IN THE AGREEMENT.
2.8 AUTHORIZE DIRECTOR OF FINANCE TO PAY DONALD DEBERRY $75,000, AND
RICKY JACKSON $35,000 IN COMPLETE SETTLEMENT OF ALL CLAIMS AND
DEMANDS AGAINST CITY, FOR CASE OF DONALD DEBERRY AND RICKY JACKSON
VS. CITY AND DETECTIVE ANDRES AROSTEGUI; ALLOCATE FUNDS FROM SELF-
INSURANCE AND INSURANCE TRUST FUND.
RESOLUTION NO. 03-721
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY DONALD DEBERRY THE SUM OF
$75,000, AND RICKY JACKSON THE SUM OF $35,000 IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, FOR THE CASE OF DONALD DEBERRY
AND RICKY JACKSON VS. CITY OF MIAMI AND DETECTIVE ANDRES
AROSTEGUI, IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA, CASE NO. 01-2088-CIV-LENARD,
UPON EXECUTING RELEASES FOR THE CITY OF MIAMI, ITS PRESENT
AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND
ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO.
515001.624401.6.651.
Chairman Winton: We have to -- 2, 3, and 4 require four-fifths vote.
8 June 25, 2003
3. SECOND READING ORDINANCE: CHANGE TUESDAY, NOVEMBER 11, 2003, CITY
MUNICIPAL RUN-OFF ELECTION TO TUESDAY, NOVEMBER 18, 2003, TO PROVIDE
MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS SUFFICIENT TIME TO
ACCURATELY PROGRAM VOTING MACHINES, PRINT AND TEST -RUN BALLOT,
AND PROVIDE SUFFICIENT TIME FOR PROCESSING ABSENTEE BALLOTING.
Chairman Winton: Item 5 is a second reading ordinance --
Commissioner Gonzalez: Item 5.
Chairman Winton: -- on municipal elections.
Commissioner Gonzalez: So move. Move Item 5.
Chairman Winton: Commissioner Regalado.
Commissioner Regalado: Where is it?
Chairman Winton: Item number 5 is the second --
Commissioner Regalado: It's past the blue pages?
Chairman Winton: -- reading -- Yeah, it's on the -- yes, it's past the blue pages.
Commissioner Regalado: Oh, OK.
Chairman Winton: No, I'm sorry. In your --
Commissioner Regalado: Yeah, yeah, yeah, yeah, yeah. It was --
Commissioner Gonzalez: The regular agenda.
Commissioner Regalado: -- wrong in my agenda; 5, yeah, but I don't know. I still --
Chairman Winton: Yeah. You can -- but we can --
Commissioner Gonzalez: Reconsider.
Chairman Winton: -- we will bring back anything that you want to bring back, is what I said at
the very beginning. Yes, sir.
Commissioner Regalado: I'll second it, but still we know that the machines were certified
already?
Alejandro Vilarello (City Attorney): Pardon me?
9 June 25, 2003
Commissioner Regalado: Do we know if the machines were certified already?
Mr. Vilarello: I don't know whether the machines were certified, but we will not be able to go
back to the punch card system, so they will have to have something in place by that election.
Commissioner Regalado: OK.
Chairman Winton: Any other discussion on C -- on Item number 5? If not, Mr. Attorney, would
you read the ordinance? Roll call, please.
An Ordinance Entitled --
AN ORDINANCE RELATING TO MUNICIPAL ELECTIONS; CHANGING
THE TUESDAY, NOVEMBER 11, 2003, CITY OF MIAMI MUNICIPAL RUN-
OFF ELECTION TO TUESDAY, NOVEMBER 18, 2003, TO PROVIDE THE
MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS SUFFICIENT TIME
TO ACCURATELY PROGRAM VOTING MACHINES, PRINT AND TEST -
RUN THE BALLOT, AND PROVIDE SUFFICIENT TIME FOR PROCESSING
ABSENTEE BALLOTING; DIRECTING THE CITY CLERK TO TRANSMIT
CERTIFIED COPIES OF THIS ORDINANCE TO THE MIAMI-DADE
COUNTY MANAGER AND ELECTIONS SUPERVISOR; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of May 9, 2003, was taken up for its
second and final reading, by title and adoption. On motion of Commissioner Gonzalez,
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: Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12381
The Ordinance was read by title into the public record by the City Attorney.
Priscilla A. Thompson (City Clerk): Roll call. The ordinance is adopted on second reading, 4/0.
10 June 25, 2003
4. MAKING PROVISIONS FOR HOLDING NONPARTISAN PRIMARY ELECTION ON
NOVEMBER 4, 2003, FOR NOMINATION OF CANDIDATES FOR OFFICES OF THREE
COMMISSIONERS, AND FOR HOLDING LATER GENERAL MUNICIPAL ELECTION ON
NOVEMBER 18, 2003, UNLESS ALL OF SAID OFFICES HAVE BEEN FILLED IN THE
NONPARTISAN PRIMARY ELECTION.
Chairman Winton: 5A.
Commissioner Gonzalez: Move 5A.
Commissioner Regalado: Second.
Chairman Winton: Got a motion and a second. Discussion on 5A? Being none, all in favor,
aye.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gonzalez, who moved its adoption:
RESOLUTION NO. 03-695
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), MAKING PROVISIONS FOR HOLDING A GENERAL
MUNICIPAL ELECTION ON NOVEMBER 4, 2003, FOR THE NOMINATION
OF CANDIDATES FOR THE OFFICES OF THREE COMMISSIONERS, AND
FOR HOLDING A LATER RUNOFF ELECTION ON NOVEMBER 18, 2003,
UNLESS ALL OF SAID OFFICES HAVE BEEN FILLED IN THE GENERAL
MUNICIPAL ELECTION; PROVIDING FOR THE REGISTRATION OF
PERSONAS QUALIFIED TO VOTE IN SAID GENERAL MUNICIPAL AND
RUNOFF ELECTIONS; DESCRIBING PERSONS QUALIFIED TO VOTE IN
SAID GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESCRIBING
THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE
PROVISIONS OF THE GENERAL LAWS OF Florida AND CHAPTER 16 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH
THE CITY HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH
GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESIGNATING AND
APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE
OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH
REGISTRATION BOOKS AND RECORDS; AND DIRECTING THE CITY
CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF
THIS RESOLUTION AND THE PROVISIONS THEREOF.
11 June 25, 2003
(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: Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
5. FIRST READING ORDINANCE: ACCEPT GRANT FROM CORAL GABLES
HOSPITAL/TENET SOUTH FLORIDA HEALTHSYSTEM AND TENET FOUNDATION,
TO ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED "CORAL GABLES
HOSPITAL/TENET FOUNDATION CONTRIBUTION" AND APPROPRIATE FUNDS FOR
OPERATION OF SAME, $2,000.
Chairman Winton: 6 is a first reading ordinance on accepting a grant.
Commissioner Sanchez: So move.
Commissioner Gonzalez: Second.
Chairman Winton: Got a motion and a second. Discussion. Mr. City Attorney, would you read
the ordinance, please?
Alejandro Vilarello (City Attorney): Mr. Chairman, item number?
Chairman Winton: 6. Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION ACCEPTING A
GRANT FROM THE CORAL GABLES HOSPITAL TENET SOUTH
FLORIDA HEALTH SYSTEMS AND TENET FOUNDATION, TO
ESTABLISH A NEW SPECIAL REVENUE FUND ENTITLED "CORAL
GABLES HOSPITAL TENET FOUNDATION CONTRIBUTION," AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE
AMOUNT OF $2,000; AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO ACCEPT THE GRANT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
12 June 25, 2003
was introduced by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was
passed on first reading, by title only, by the following vote:
AYES: Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
The ordinance was read by title into the public record by the Deputy City Attorney.
Priscilla A. Thompson (City Clerk): Roll call. The ordinance is passed on first reading, 4/0.
6. FIRST READING ORDINANCE: AMEND SECTION 29-123 OF CITY CODE ENTITLED
"LANDFILLS AND WATERFRONT IMPROVEMENTS/WATERFRONT ADVISORY
BOARD" TO INCREASE MEMBERSHIP OF WATERFRONT ADVISORY BOARD FROM
TEN TO TWELVE MEMBERS, ELIMINATE ALTERNATE MEMBER POSITION, AND
PROVIDE FOR APPOINTMENT OF TWO INDIVIDUALS BY MAYOR.
Chairman Winton: 6A is a first reading ordinance on revising the Waterfront Advisory Board.
Commissioner Sanchez: So move.
Commissioner Gonzalez: Second.
Chairman Winton: Got a motion and a second. Discussion? My only -- the only -- Mr. City
Attorney, is there -- the tiebreaker provision is in this ordinance? You've got an even number of
members now.
Alejandro Vilarello (City Attorney): This was not the one that we addressed that issue on. It had
an even number, and it moved from 10 to 12. We can add that provision, if you'd like.
Chairman Winton: Seems like we should, don't you think?
Mr. Vilarello: Certainly.
Chairman Winton: Otherwise, they're going to get stuck one of these days and have nowhere to
go.
Commissioner Sanchez: Well, that -- wasn't that discussed?
Chairman Winton: That was on a different --
13 June 25, 2003
Mr. Vilarello: It was on a --
Commissioner Sanchez: Right.
Mr. Vilarello: --different item.
Chairman Winton: Yeah, so then my recommendation is that you add that provision that we put
in the -- whatever the last board we put together, and so that they're -- they could deal with it
when they get here --
Mr. Vilarello: Very good.
Chairman Winton: --so --
Mr. Vilarello: We will add that.
Chairman Winton: -- that's an amendment to the motion. Does the maker of the motion and the
second accept the amendment?
Commissioner Sanchez: Yes, sir.
Chairman Winton: OK. Any further discussion on 6A? Mr. City Attorney, read the ordinance,
please. Roll call, please.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 29, ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "LANDFILLS AND WATERFRONT
IMPROVEMENTSMATERFRONT ADVISORY BOARD" TO INCREASE
THE MEMBERSHIP OF THE WATERFRONT ADVISORY BOARD FROM
TEN TO TWELVE MEMBERS, ELIMINATE THE ALTERNATIVE MEMBER
POSITION, AND PROVIDE FOR THE APPOINTMENT OF TWO
INDIVIDUALS BY THE MAYOR; MORE PARTICULARLY BY AMENDING
SECTION 29-123 OF SAID CODE; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
14 June 25, 2003
was introduced by Commissioner, seconded by Commissioner, and was passed on first reading,
by title only, by the following vote:
AYES: Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
The ordinance was read by title into the public record by the Deputy City Attorney.
Priscilla A. Thompson (City Clerk): Roll call. The ordinance is passed on first reading, 4/0.
Chairman Winton: Item 7's been withdrawn.
7. RELATING TO PROVISION OF SOLID WASTE SERVICES, FACILITIES AND
PROGRAMS IN CITY; DESCRIBE METHOD OF ASSESSING SOLID WASTE COSTS
AGAINST PROPERTY LOCATED WITHIN CITY; DIRECT PREPARATION OF
ASSESSMENT ROLL; AUTHORIZE PUBLIC HEARING FOR SEPTEMBER 11, 2003; AND
DIRECT PROVISION OF NOTICE.
Chairman Winton: Item 8. Need a motion on 8.
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Gonzalez: Second --
Chairman Winton: Motion --
Commissioner Gonzalez: -- for discussion.
Chairman Winton: Discussion.
Commissioner Gonzalez: Yes. Is there any kind of increase on these fees, or -- ?
Linda Haskins (Deputy City Manager): No, this is the same fee that has --
Commissioner Gonzalez: The same fee.
Ms. Haskins: -- been charged.
Commissioner Gonzalez: OK.
15 June 25, 2003
Chairman Winton: So this keeps the fee that we have in place, and --
Ms. Haskins: At 3 --
Chairman Winton: -- that's all this is doing.
Commissioner Gonzalez: Right.
Ms. Haskins: Yes, it does.
Chairman Winton: Thank you.
Commissioner Gonzalez: OK.
Chairman Winton: Any other discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 03-723
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, RELATING TO THE PROVISION OF SOLID WASTE
SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI,
FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE
COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF MIAMI;
DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL;
AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 11, 2003; AND
DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE.
16 June 25, 2003
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
8. RATIFY, APPROVE AND CONFIRM EXECUTIVE DIRECTOR OF BAYFRONT PARK
MANAGEMENT TRUST'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES AND ACCEPT BID OF GANCEDO
TECHNOLOGIES, INC. TO REPAIR ADDITIONAL CODE VIOLATIONS NECESSARY TO
COMPLETE RE-PULL OF MAIN POWER TO MILDRED AND CLAUDE PEPPER
FOUNTAIN AND PUMP HOUSE AT BAYFRONT PARK, $29,710; ALLOCATE FUNDS
FROM CAPITAL IMPROVEMENT BUDGET OF TRUST.
Chairman Winton: Number 9 --
Commissioner Sanchez: So --
Chairman Winton: -- resolution --
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Gonzalez: Second.
Chairman Winton: Got a motion and a second. Oh, this requires four-fifths. Oh, we have four-
fifths. Motion and a second on 9. Resolution, so any further discussion? Being none, all in
favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
17 June 25, 2003
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 03-724
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR/FIFTHS
(4/5 THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE EXECUTIVE DIRECTOR OF BAYFRONT PARK
MANAGEMENT TRUST'S ("TRUST") FINDING OF AN EMERGENCY,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES AND ACCEPTING THE BID OF GANCEDO
TECHNOLOGIES, INC. TO REPAIR ADDITIONAL CODE VIOLATIONS
NECESSARY TO COMPLETE THE RE-PULL OF MAIN POWER TO THE
MILDRED AND CLAUDE PEPPER FOUNTAIN AND PUMP HOUSE AT
BAYFRONT PARK, IN AN AMOUNT NOT TO EXCEED $29,710;
ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENT BUDGET
OF THE TRUST.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
9. TABLED: PROPOSED INCREASE CONTRACT WITH CONSULTING ENGINEERING
& SCIENCE, INC., TO COVER COSTS FOR ADDITIONAL SERVICES REQUIRED FOR
PREPARATION AND SUBMITTAL OF ENVIRONMENTAL CORRECTIVE ACTION
PLAN AND IMPLEMENTATION OF SEDIMENT SAMPLING PROGRAM ALONG
WAGNER CREEK (WAGNER CREEK RENOVATION PROJECT, PHASE IV), $250,000,
INCLUSIVE OF REIMBURSABLE EXPENSES(See #27).
Chairman Winton: Number 10.
Alejandro Vilarello (City Attorney): Mr. Chairman.
Chairman Winton: Yes, sir.
18 June 25, 2003
Mr. Vilarello: There are some amendments that we want to make to the legislation and the
attached documents, and we'd like to defer this to the end of the meeting so that we can get that
in front of you.
Chairman Winton: Well, the end of the meeting may be 11 o'clock, by the way.
Mr. Vilarello: I -- we understand that.
Chairman Winton: OK, thank you. We do have four-fifths, so --
Commissioner Sanchez: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Sanchez: Before we go to item -- well, we still got 10, but before we go to Item
11, I'd like to move out of the order of the day, I have a commendation, and we do have, I
believe, some representatives from Royal Caribbean and Celebrity Cruise --
Chairman Winton: No problem.
Commissioner Sanchez: -- that are here. Yes.
Chairman Winton: Are they here?
Commissioner Sanchez: Yes. If you would allow me --
Chairman Winton: Absolutely.
Commissioner Sanchez: -- the opportunity to -- well, I tell you what, why don't we do 10?
Commissioner Gonzalez: You want to finish 10 or -- ?
Commissioner Sanchez: Yeah, let's finish 10.
Chairman Winton: Well, I'm going to -- OK. Well, no, they need to defer -- they need a little
bit of time on 10.
19 June 25, 2003
10. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE;
WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND
AUTHORIZE PROCUREMENT OF PARATECH RESCUE ACME THREAD STRUTS AND
ACCESSORIES, FROM TEAM EQUIPMENT, INC., SOLE SOURCE PROVIDER, FOR
DEPARTMENT OF FIRE -RESCUE, TOTAL $36,014.50; ALLOCATE FUNDS FROM
DEPARTMENT OF FIRE -RESCUE HOMELAND DEFENSE PREPAREDNESS BOND
PROGRAM PROJECT.
Chairman Winton: But we can go to the beginning of the agenda, where we had the four-fifths,
so if you don't mind, we will go back to Item 2.
Commissioner Gonzalez: Are we done with 10, Johnny?
Chairman Winton: No. We'll -- they want some time on 10. They've got to make some
modifications to 10, so --
Commissioner Gonzalez: OK, so we'll come back to it?
Chairman Winton: -- we'll come back to 10 --
Commissioner Gonzalez: All right.
Chairman Winton: -- so Item number 2 is a resolution confirming City Manager's sole source
finding. Need a motion.
Commissioner Sanchez: So move.
Commissioner Gonzalez: Move 2.
Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
20 June 25, 2003
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 03-725
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5 THS)
AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES
AND AUTHORIZING THE PROCUREMENT OF PARATECH RESCUE
ACME THREAD STRUTS AND ACCESSORIES, FROM TEAM
EQUIPMENT, INC., THE SOLE SOURCE PROVIDER, FOR THE
DEPARTMENT OF FIRE -RESCUE, FOR A TOTAL CONTRACT AMOUNT
NOT TO EXCEED $36,014.50; ALLOCATING FUNDS FROM THE
DEPARTMENT OF FIRE -RESCUE HOMELAND DEFENSE
PREPAREDNESS BOND PROGRAM PROJECT NO. 313305, ACCOUNT
CODE NO. 289307.6.840.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
21 June 25, 2003
11. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE;
WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND
APPROVE IMPLEMENTATION OF "ADOPT -A -WATERWAY" PROGRAM, AN
EDUCATIONAL PROGRAM TO IMPROVE CITY RESIDENTS' AWARENESS OF
ENVIRONMENT AND TO PROTECT WATERFRONT, INCLUDING MIAMI RIVER,
NAVIGABLE CANALS AND BISCAYNE BAY AT NO COST TO CITY, FROM ADOPT -A -
WATERWAY LLC, SOLE SOURCE PROVIDER.
Chairman Winton: 2A is exactly the same thing.
Commissioner Gonzalez: Move 2A.
Commissioner Sanchez: Second.
Chairman Winton: Got a motion and a second on 2A. Discussion? Being none, all in favor,
aye.
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Commissioner Gonzalez, who moved its adoption:
RESOLUTION NO. 03-726
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR/FIFTHS
(4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES
AND APPROVING THE IMPLEMENTATION OF THE "ADOPT -A -
WATERWAY" PROGRAM, AN EDUCATIONAL PROGRAM TO IMPROVE
CITY OF MIAMI RESIDENTS' AWARENESS OF THE ENVIRONMENT
AND TO PROTECT THE WATERFRONT, INCLUDING THE MIAMI RIVER,
NAVIGABLE CANALS AND BISCAYNE BAY AT NO COST TO THE CITY,
FROM ADOPT -A -WATERWAY® LLC, THE SOLE SOURCE PROVIDER;
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH ADOPT-AWATERWAY® LLC, FOR SAID PURPOSE.
22 June 25, 2003
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
12. AUTHORIZE MANAGER TO EXECUTE GRANT OF EASEMENT, ON WATSON
ISLAND LOCATED AT 1111 PARROT JUNGLE TRAIL TO BELLSOUTH
TELECOMMUNICATIONS, INC., CONTAINING 7659.80 SQUARE FEET, TEN (10) FOOT
WIDE STRIP, FOR PERPETUAL NON-EXCLUSIVE EASEMENT ON PROPERTY, TO
CONSTRUCT, OPERATE, MAINTAIN, ADD, AND/OR REMOVE SUCH SYSTEMS OF
COMMUNICATION, FACILITIES, STAND BY GENERATORS AND ASSOCIATED FUEL
SUPPLY SYSTEMS AS MEANS OF PROVIDING UNINTERRUPTED SERVICE DURING
COMMERCIAL POWER OUTAGES, WITH ALL WIRING, CABLE, OR CONDUITS TO BE
PLACED UNDERGROUND.
Chairman Winton: 3, this is granting an easement on Watson Island, tied to the Parrot Jungle
development and BellSouth Telecommunications. Need a motion.
Commissioner Sanchez: Well, I would second it for the purpose of discussion, and --
Commissioner Gonzalez: OK, move 3.
Chairman Winton: So, we have a motion and a second. Discussion.
Commissioner Sanchez: And second for discussion. I just want to be briefed by the
Administration exactly as to what the easement is.
Chairman Winton: We need a discuss -- we need a description of what this easement is on the --
Commissioner Sanchez: Absolutely.
Chairman Winton: -- on Watson Island, relative to Parrot Jungle.
Keith Carswell (Director, Economic Development): It's just to --
Chairman Winton: Name and --
23 June 25, 2003
Mr. Carswell: Keith Carswell, director for Department of Economic Development. This is just
basically to provide underground utilities for BellSouth. It is a nonexclusive utility easement.
Commissioner Sanchez: So it's nonexclusive.
Mr. Carswell: It's perpetual, and it's nonexclusive --
Commissioner Sanchez: That was one of the questions I had, but go ahead.
Mr. Carswell: -- and it's just basically to provide for the phone service lines that --
Chairman Winton: Any other questions?
Mr. Carswell: -- will be on the island.
Commissioner Sanchez: No.
Chairman Winton: OK, being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Commissioner Gonzalez, who moved its adoption:
RESOLUTION NO. 03-727
A RESOLUTION OF THE MIAMI CITY COMMISSION WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
ON WATSON ISLAND, LOCATED APPROXIMATELY 1111 PARROT
JUNGLE TRAIL, MIAMI, FLORIDA, TO BELLSOUTH
TELECOMMUNICATIONS, INC. A GEORGIA CORPORATION
("BELL SOUTH"), CONTAINING APPROXIMATELY 7659.80 SQUARE
FEET (A TEN (10) FOOT WIDE STRIP), AS DEPICTED IN "EXHIBIT A"
ATTACHED AND INCORPORATED, FOR A PERPETUAL NON-
EXCLUSIVE EASEMENT ON THE PROPERTY, TO CONSTRUCT,
OPERATE, MAINTAIN, ADD, AND/OR REMOVE SUCH SYSTEMS OF
COMMUNICATION, FACILITIES, STAND-BY GENERATORS AND
ASSOCIATED FUEL SUPPLY SYSTEMS AS A MEANS OF PROVIDING
UNINTERRUPTED SERVICE DURING COMMERCIAL POWER OUTAGES,
WITH ALL WIRING, CABLE, OR CONDUITS TO BE PLACED
UNDERGROUND.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
24 June 25, 2003
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
13. TABLED: PROPOSED EMERGENCY ORDINANCE AMENDING ORDINANCE NO.
12279, ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN
OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING
SEPTEMBER 30, 2003. (See #17)
Chairman Winton: 4, we have some substitute language, I understand, Mr. City Attorney.
Commissioner Gonzalez: Yes.
Alejandro Vilarello (City Attorney): Yes. I -- it was previously distributed to the City
Commission yesterday, and a new copy has been given to you today.
Chairman Winton: Oh, well, I don't -- we don't want to take this one up until Commissioner
Teele gets here, so we're going to leave 4. I want to make sure all the Commissioners are here
for that item, so --
Commissioner Gonzalez: 5 is done; 5A is done; 6 is done.
Chairman Winton: Yeah, so we can go to Item number 11, and then we're going to go to
personal appearances, and then blue sheets.
Commissioner Regalado: Are you going to do -- ?
Chairman Winton: Item 11 is appointment to Little Havana Festival --
14. PRESENTATIONS AND PROCLAMATIONS
Commissioner Regalado: I think he has the people for --
Commissioner Sanchez: Yeah.
Chairman Winton: Oh, is he ready?
Commissioner Sanchez: Yeah.
25 June 25, 2003
Chairman Winton: You're ready? OK, fine.
1. COMMENDATION TO ROYAL CARIBBEAN AND CELEBRITY CRUISES -GIVE DAY
PROJECT
2. PROCLAMATION FOR NATIONAL BLONDE DAY.
Presentations made.
Note for the Record: Vice Chairman Teele entered the meeting at 9:24 a.m.
Chairman Winton: Commissioner Teele, welcome. Sorry, we've been on a roll, but I did say,
right at the beginning, that if any Commissioner wants to take any item up that we've already
dealt with, we're happy to bring it back, so --
Vice Chairman Teele: Roll on, tide.
Chairman Winton: Roll on.
Vice Chairman Teele: Isn't that what -- ?
Chairman Winton: Roll, tide.
Vice Chairman Teele: Roll, tide.
Chairman Winton: Roll, tide.
15. APPOINT MIGUEL DE LA O AS MEMBER OF CHARTER REVIEW AND REFORM
COMMITTEE.
APPOINT JUDY S. CARTER AS MEMBER OF CHARTER REVIEW AND REFORM
COMMITTEE.
APPOINT SONNY HOLTZMAN AS MEMBER OF CHARTER REVIEW AND
REFORM COMMITTEE. (See #1 & 29)
Chairman Winton: We do have all the Commissioners here. I want to repeat one thing that we
said. We need to get the -- we appointed a Charter Review Committee. No. We set up a Charter
Review Committee, I think, at last month's meeting, or a month before last. We need to get the
appointments made in this meeting, so Commissioner Teele, today we need to get -- we're
handing out --
Vice Chairman Teele: Judy Carter would be my nomination.
Chairman Winton: OK, you're ready, so --
Commissioner Sanchez: I'm also ready, if you --
26 June 25, 2003
Chairman Winton: Well, then let's do --
Commissioner Sanchez: You want to take it -- you want to get it out of the way now, we could
do it now.
Chairman Winton: Yes, let's do it right now, so we're going to do Charter Review
appointments. I'll start with you, Commissioner Sanchez.
Commissioner Sanchez: Mr. Chairman, I would like to appoint Miguel de la O, who is a local
attorney.
Chairman Winton: We got a motion. Need a second.
Commissioner Regalado: Second.
Chairman Winton: We got a motion and a second. Discussion. Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 03-728
A MOTION APPOINTING MIGUEL DE LA O AS A MEMBER OF THE
CHARTER REVIEW AND REFORM COMMITTEE.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
Chairman Winton: Commissioner Gonzalez, do you have someone for Charter Review?
Commissioner Gonzalez, Charter Review; do you have somebody? You want to wait a minute?
27 June 25, 2003
Commissioner Gonzalez: (UNINTELLIGIBLE) labor lawyer -- in the labor lawyer category,
Miguel de la O.
Commissioner Sanchez: No, I --
Commissioner Regalado: No, he already appointed.
Commissioner Sanchez: -- already appointed him.
Chairman Winton: He just did him.
Commissioner Gonzalez: You already appointed him?
Chairman Winton: Yeah. OK, so --
Commissioner Gonzalez: Well, I defer my appointment then --
Chairman Winton: OK.
Commissioner Gonzalez: -- for next time because --
Chairman Winton: Or maybe later on --
Commissioner Gonzalez: Or later.
Chairman Winton: -- because we really need them now. Commissioner Teele -- Vice Chairman
Teele.
Vice Chairman Teele: What's that?
Chairman Winton: Charter Review.
Vice Chairman Teele: A lawyer?
Chairman Winton: Oh, I don't -- no, it doesn't have to be a lawyer. I think you can --
Vice Chairman Teele: I thought my Charter Review -- didn't I say Judy Carter?
Chairman Winton: Yeah, but we -- I kind of --
Vice Chairman Teele: Oh, I'm sorry.
Chairman Winton: -- I went back to the beginning.
Vice Chairman Gonzalez: Again, Judy Carter.
28 June 25, 2003
Chairman Winton: Judy Carter.
Vice Chairman Teele: I mean, if she's acceptable.
Chairman Winton: Right. We have -- need a motion.
Commissioner Regalado: Second.
Chairman Winton: We got a motion and second. Discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-729
A MOTION APPOINTING JUDY S. CARTER AS A MEMBER OF THE
CHARTER REVIEW AND REFORM COMMITTEE.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
Chairman Winton: Commissioner Regalado.
Commissioner Regalado: Sonny Holtzman.
Chairman Winton: Sonny Holtzman. Need a second.
Vice Chairman Teele: Second.
Vice Chairman Gonzalez: Second.
Chairman Winton: Got a sec -- motion and a second. Discussion? Being none, all in favor,
aye.
29 June 25, 2003
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 03 -73 0
A MOTION APPOINTING SONNY HOLTZMAN AS A MEMBER OF THE
CHARTER REVIEW AND REFORM COMMITTEE.
Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
16. DIRECT MANAGER TO INSTRUCT OFFICE OF COMMUNICATIONS AND
DEPARTMENT OF COMMUNITY DEVELOPMENT TO WORK WITH COMMISSIONER
REGALADO TO DEVELOP PLANS NECESSARY TO COMMUNICATE TO THE HUD
SECRETARY AND OTHER FEDERAL AND CONGRESSIONAL DELEGATES, NEED TO
REVERSE CUTS OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS;
DIRECT ADMINISTRATION PROVIDE SUPPORT TO COMMISSIONER GONZALEZ
FOR MONDAY'S PRESIDENTIAL VISIT AT LITTLE HAVANA ACTIVITIES AND
NUTRITION CENTER.
Chairman Winton: One other issue that we would like to revisit just briefly from yesterday's
meeting, and that is --
Commissioner Regalado: Charter Review.
Chairman Winton: -- we talked about the fact that the President is coming, and this all comes
out of yesterday's meeting on CDBG (Community Development Block Grant) funding, and we
asked Commissioner Regalado to kind of lead a team that would begin to prepare necessary
actions that we can take that can reverse the funding cuts that are coming out of Washington for
our senior citizens, and I would like to get somebody to, essentially, sponsor a motion here that
would direct the City Manager -- Madam Manager -- to direct our Department of
Communications to work directly with Commissioner Regalado to develop whatever plans that
30 June 25, 2003
he thinks are necessary to deal with this issue regarding communications to both Congress and
the White House in terms of reversing these funding cuts that we're experiencing.
Commissioner Gonzalez: So move.
Chairman Winton: Got a motion, need a second.
Commissioner Regalado: And Community Development.
Chairman Winton: And Community Development, so the motion includes Community
Development and Communications, so got a motion, need a second. Second.
Commissioner Regalado: Second.
Chairman Winton: Discussion.
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Vice Chairman Teele: Mr. Chairman, I think it's very important that the focus of this not be on
the Congress. I thought about this long and hard this morning, around 3 o'clock. This is a
serious issue, and I think we've got to understand how Washington works. When Commissioner
Regalado made the point that he -- that a press secretary at HUD (Department of Housing and
Urban Development) was saying what they said, and I -- being in the media, I know that's true --
they don't care about Congresspeople. There's four hundred and some Congresspeople, it's 500
people up there in Congress. They -- you know, it's a wall of difference. They care about their
secretary.
Commissioner Regalado: Exactly.
Vice Chairman Teele: They care about their secretaries, the Secretary of Housing and Urban
Affairs is Mel Martinez. If you want to get this thing changed, the heat's got to be put on him,
with copies going to the Congressional Delegation. That's not to say that we shouldn't write the
Congressional Delegation -- or the constituents -- and complain about what HUD is not doing,
but I can tell you this, if the secretary of HUD starts getting heat, it's going to be a part of an
administration proposal, and I think we ought to try to find out who at HUD made the statement
that they didn't know, but I think it's also very important to get our legislative representatives
and lobbyists directly involved. I think this can happen, and I think the President's trip may be a
unique circumstance. I mean, you know, I certainly wouldn't suggest, Angel, that you do to the
President what you did to me on the Camillus House, but --
Chairman Winton: But you wouldn't not suggest it either.
Vice Chairman Teele: I would not be offended if you did.
31 June 25, 2003
Commissioner Gonzalez: I'm ready, willing, and able.
Chairman Winton: Very good.
Vice Chairman Teele: But I just think that we --
Chairman Winton: OK.
Vice Chairman Teele: -- really need to make -- I mean, that's not to say -- but a letter to the
President, letters to the White House, that -- if you make the HUD Secretary the focal point, this
thing is going to windup getting a lot of attention because that's his job. The President delegates
to him the responsibility of running the CD (Community Development) program.
Chairman Winton: OK.
Commissioner Sanchez: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Sanchez: I believe Mel Martinez knows the situation the City's in.
Vice Chairman Teele: His staff doesn't.
Commissioner Sanchez: Well, that's a big problem, and the other issue is, I believe the
President's going to be here Monday visiting out elderly centers, so I don't see why, you know,
all the pressure that was put on --
Chairman Winton: That's on Monday, you said?
Commissioner Sanchez: Excuse me, sir?
Chairman Winton: When?
Commissioner Sanchez: Monday.
Commissioner Gonzalez: He's going to be here on Monday, at the Little Havana Activity
Center.
Commissioner Sanchez: So, I don't -- I really don't -- you know, I would like to see the pressure
that they put on us be put on the President when he's there --
Commissioner Gonzalez: Exactly.
Commissioner Sanchez: -- you know, pertaining to the funding shortage, and I think it's
important to communicate it to the President, and of course, I agree with Commissioner Teele.
The pressure should be on the Secretary of Housing, which is Mel Martinez, who is local; was a
32 June 25, 2003
mayor of Orlando. He's -- as you know, he will be running for governor. He stated that he will
not be running for the senate seat, but is interested in running for governor of the state of Florida,
so I think it's the appropriate time now for us to, you know, turn on our heat on a campaign to
educate him and his staff as to the conditions and situation here in our city.
Chairman Winton: So, we've provided some additional thought and direction to Commissioner
Regalado, which I'm sure he understands, and Commissioner Regalado, you know, I know we
have sunshine issues that we have to be aware of, but I would not be hesitant at all, if you need
somebody's help, to just notice a meeting, and any of us would be glad to help you in any way
we can as a team. Just make sure we notice the provisions, and we'll be glad to be there to help
you. We have a motion and a second. Further discussion? Being none, all --
Vice Chairman Teele: Included in the motion is a request for the Administration -- Madam
Administrator, included in the motion is a request for the Administration to provide whatever
supplemental support to Commissioner Gonzalez or -- and, you know, the legislative thing. I
mean, you know, we may need to print some stuff or something, but we --
Chairman Winton: For this Monday.
Vice Chairman Teele: Yeah, that's --
Chairman Winton: Right.
Vice Chairman Teele: -- but I'm saying, you know, if you want to make the impact, the impact
is --
Chairman Winton: You bet.
Vice Chairman Teele: -- the opportunity is right there.
Chairman Winton: And by the way, I would say the same to each of you, I mean, if you all have
something going on and you needed our help. Now, we can all be at certain -- if we all -- if we
were all at the Little Havana Activities and Nutrition Center, I mean, is that a sunshine violation
if we all happen --
Vice Chairman Teele: No.
Chairman Winton: -- to be there?
Commissioner Sanchez: No.
Commissioner Regalado: No, no, no, no.
Chairman Winton: OK, good.
Commissioner Regalado: Not at all.
33 June 25, 2003
Commissioner Sanchez: I'll be out of town on Monday.
Chairman Winton: OK. All right. Anyhow, we got a motion and a second. Any other
discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following motion was introduced by Commissioner Gonzalez, who moved for its adoption:
MOTION NO. 03-731
A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE
OFFICE OF COMMUNICATIONS AND THE DEPARTMENT OF
COMMUNITY DEVELOPMENT TO WORK WITH COMMISSIONER
REGALADO TO DEVELOP PLANS NECESSARY TO COMMUNICATE TO
THE HUD SECRETARY AND OTHER FEDERAL AND CONGRESSIONAL
DELEGATES, THE NEED TO REVERSE THE CUTS OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS; FURTHER DIRECTING
THAT THE ADMINISTRATION PROVIDE SUPPORT TO COMMISSIONER
GONZALEZ FOR MONDAY'S PRESIDENTIAL VISIT AT THE LITTLE
HAVANA ACTIVITIES AND NUTRITION CENTER.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
34 June 25, 2003
17. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 12279, ANNUAL
APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND
BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2003.
(See #13 and 37).
Chairman Winton: Now, I wanted to save this discussion on the annual appropriations ordinance
until we had all the Commissioners here. I -- what item number is that, 4? So, let's go to 4.
Yes, sir.
Larry Spring: Good morning, Commissioners. Larry Spring, Chief of Strategic Planning,
Budgeting, and Performance. Before you, you have the recommendation for the midyear
appropriation increase. The nature of the general fund -related increases are generally to get us
through the end of the year. In your legislative packet, there is a Excel spreadsheet detailing
each of the transactions, specifically. Page 1 of 4, the first trans -- the first set of transactions is a
correction of a scrivener's error from the cleanup ordinance that was passed on February 27, $4
million; correcting -- it does not have any general fund effect, but it's simply correcting a
scrivener's error in the NDA section of the legislation. Next item, City Clerk's Office: You
have two transactions listed there. The bigger one, which also includes a moving of seven
people, is the transfer of the Hearing Boards out of City Clerk Office to its sep -- own separate
department. You'll see a change of seven -- a headcount of seven and a change in total salary --
I mean, a budget of $743,898. Also, you have an appropriation increase there of $20,000, which
is a appropriation which will help cover the deficit in City Clerk's Office for the remainder of the
year.
Chairman Winton: So, explain that, on City Clerk, the million, six -thirty that's lined out, replace
by 906,540; I mean, how do I read that? Does that mean that the budget went from a million, six
down to 906 with the transfer of the seven -- ?
Mr. Spring: That is absolutely correct, sir.
Chairman Winton: OK.
Mr. Spring: Going back -- well, going back to the spreadsheet again, the next item is the Law
Department. We have a change there of one headcount, an addition, and an increase in salary of
$22,040. The nature of that request is a audit of a part-time law clerk position being changed to
a Typist I, which would require us to do a headcount increase of one, and the --
Vice Chairman Teele: Why is a change an increase?
Mr. Spring: Come again, sir. I cannot hear you.
Vice Chairman Teele: Why is a change of position an increase? If you changing something
from a -- ?
Mr. Spring: It was a part-time position, not counted as a one full-time -- one full -- OK. Next
item is the Fire Department, Fire -Rescue Department. We're recommending an increase of
35 June 25, 2003
868,391. That has two components. The first component is to cover the earned time payoff
forecast that we have for the remainder of the year. We originally budgeted about --
approximately 1.5 million and we're forecasting a $2 million expenditure in that line item.
Additionally, we have 289,000 for paramedic supplemental pay, which is a plus item for the Fire
Department. That increase, again, is because of our change of forecast. It is generally related to
an increase in the number of para -- fire -rescue personnel that have that paramedic designation.
Chairman Winton: But why wouldn't that have been budgeted ahead of time? I mean, how is
that a surprise?
Mr. Spring: Al, the number of individuals who have that certification, we -- at the time the
budget was done, we did not get a projection of the individuals who would receive that
certification. The other item is because of an increase, a (UNINTELLIGIBLE) increase of, I
think, a half percent on the plus item itself relative to the salary that was just not forecasted.
Chairman Winton: Well, that sounds like bad forecasting. I mean -- you know, particularly, the
big departments because it's such a big impact. I mean, this isn't a little number, and chief, we've
got to -- you know, this kind of forecasting is -- that's why we do these budgets, and I know
they're complex, but I think we've got to do a better job each year making sure -- this stuff that this is predictable kinds of stuff and we really do need to get it in round one instead of being --
because we also have to make decisions on what we're doing with millage rates and all kinds of
fees, and -- yeah, and this kind of mid -year stuff, I think, is not good.
Chief William "Shorty" Bryson: Commissioner, on -- Chief Bryson, Miami Fire. On the
paramedics certifications, the reason it wasn't that predictable was that collective bargaining
wasn't completed, their plus item went up to a higher rate for holding that certification, and
people went to all kind of classes off-duty and everything else to attain it. All of a sudden, we
had a huge influx of paramedics that we wouldn't have had if it had maintained the same trend as
it had years before, so that's one that you really can't predict until a contract is done. That
contract -- people start reacting once they throw that carrot out there, and they definitely reacted.
Chairman Winton: OK.
Commissioner Regalado: So, it's not overtime that we're talking about?
Mr. Spring: No, not that I -- no. Next item is Police Department. We have two transactions.
The first is a transfer of one person from FACE (Film, Arts, Culture and Entertainment) office
into the Fire Department. What you see is one head count added and a salary of 25,105, and a
$63,000 recommended increase to the Police Department budget. That increase is to cover the
increase in our security guard service contract citywide.
Vice Chairman Teele: What is that?
Commissioner Gonzalez: What do you mean, citywide?
Mr. Spring: The citywide security service --
36 June 25, 2003
Commissioner Gonzalez: For what?
Mr. Spring: -- citywide --
Commissioner Gonzalez: For the Police Department?
Mr. Spring: No, no, no. The security guards that you see at the MRC (Miami Riverside Center)
and all of the City buildings.
Vice Chairman Teele: Why not GSA (General Services Administration)? No government
agency I've ever been in is the Police Department responsible for security of a building. That's --
first of all, it's not a normal police function. It's normally a GSA function, same person who's
responsible for the (UNINTELLIGIBLE).
Mr. Spring: The Police Department themselves is not doing the security; they're just responsible
for the negotiation of the contract, but we will take that under advisement for the next budget
year.
Commissioner Gonzalez: How much are we paying in security?
Mr. Spring: I believe the contract is about $1.1 million.
Commissioner Gonzalez: One point one --
Mr. Spring: One million --
Commissioner Gonzalez: -- million dollars.
Mr. Spring: Yes.
Commissioner Gonzalez: For how many buildings?
Mr. Spring: All of the city -owned buildings. I don't have that specific number in front of me
right now. We'd have to get back to you on it.
Commissioner Gonzalez: What -- why is the Police Department the one that is handling the
contractual side of these security companies? Why it's not the City Manager instead of the
Police Department?
Chairman Winton: Well, that's what the --
Linda Haskins (Deputy City Manager/Chief Financial Officer): Commissioner, that -- oh, I'm
sorry.
Chairman Winton: That's what Commissioner Teele just asked.
37 June 25, 2003
Ms. Haskins: The tran -- my recollection is is that the transfer of the security services from
various areas in the city to Police occurred post 9/11. At that time there was a significant
increase in the security costs for the City, and there was a sense -- my recollection is there was a
sense that there needed to be some monitoring by the Police side in the aftermath of 9/11, but
this is something that we can look at for the next budget cycle.
Chairman Winton: But the increase, Commissioner Gonzalez, absolutely happened. I mean, this
building was a classic example, I mean, where our costs went just sky-high, post 9/11.
Commissioner Regalado: Mr. Chairman.
Chairman Winton: It was a big deal. Yes, sir.
Commissioner Regalado: So, if the result of the increased security is because of 9/11, most of
the cities that are complaining because of increase security and increase cost in security are sort
of getting grants from the federal government, especially the Homeland Security Office. Do we
have any grants on the pipeline? Are we -- have we gotten the grants? Are we paying this
security with grants, and the other question is, are we using any, any police officers for security
detail when we go from yellow to orange, and where?
Mr. Spring: OK. To answer your first question regarding grants, we are in the process of
applying for a $13.1 million Homeland Defense grant as we speak.
Commissioner Regalado: Which will go to?
Ignacio Ortiz -Petit: Sorry, Commissioner. Ignacio Ortiz, with the City Manager's Office. The
$13.1 million grant has already been awarded to the state of Florida, and it is going to be directed
to the region here in City of Miami as the initial point of contact, and then it'll be a regional
award with the City of Miami getting the lion share of the 13.1 million.
Commissioner Regalado: Yeah, yeah. I know how they work.
Mr. Ortiz: It will be used for general Homeland Security matters, to be determined at a later
date, but once the application is made, the risks will be assessed, and then you have to say, we're
going to use "X" for this amount, "X" for this amount, and that --
Commissioner Regalado: Yeah, but you don't know, I don't know, nor they know when they're
going to raise from yellow to orange, so my question --
Mr. Ortiz: That's correct.
Commissioner Regalado: -- still, where is the grant coming to, and if we're using police -- sworn
police officers in security detail when we raise from yellow to orange, and where?
38 June 25, 2003
Deputy Chief Frank Fernandez: Frank Fernandez, deputy chief, Miami Police. Commissioner,
we have several locations that we can't disclose where we, obviously for security reasons, can't
say where they are, but we do have several locations that we man during an orange alert. These
locations are vital to both to infrastructure of the City and the County. Be more than happy to
discuss it with you in private. Some of the locations that -- in public, we can't really divulge
them for security reasons.
Commissioner Regalado: I'm not talking about the location; I'm talking about police officers,
and I'm talking about that money, because you're -- the Administration is asking for more money
for security guards --
Deputy Chief Fernandez: Correct.
Commissioner Regalado: -- but when we go from yellow to orange, we double, so I'm saying,
you know, who's going to be responsible for getting that money? Are we, in the general fund,
through the City Manager, paying the security, or is the Police Department going to get all that
money and use them for their general budget?
Major Joe Longueira: Commissioner, if I could address a couple of things. The $13 million, we
have a meeting tomorrow with the state and the federal government, but it's a very structured
program. They want us to assess our risks of all the critical infrastructure in the City, in the
County; water, roads, banking, transportation, government services, and then, based on that, they
want us to come up with a plan. They're going to be bringing in a university to help us do this,
so it's not just we can go take it and use it for -- to supplement our budget. It's a very structured
approach.
Chairman Winton: Could --
Major Longueira: Up to now, we've been taking --
Commissioner Regalado: Yeah, but --
Chairman Winton: Can I interrupt --
Commissioner Regalado: -- Major --
Chairman Winton: -- fora second? It seems tome that if we're successful at getting the grant, I
think you need to make sure you get around and talk to each of the Commissioners and talk
about, in detail, in private, where -- how these funds are used, who's going to determine who gets
to use the funds --
Major Longueira: Right.
Chairman Winton: -- and answer --
Commissioner Regalado: And -- but Johnny --
39 June 25, 2003
Chairman Winton: --key questions.
Commissioner Regalado: -- my only basic question is this: Suppose that we go tomorrow to
orange from yellow, now the police, by federal directive, has to come to City Hall, but we have
security guards here. My question is, are we going to double the service? Is the police going to
be used for security in City Hall and other city buildings, or are we going to continue with -- or
are we going to have a double -- ?
Chairman Winton: Or is it a combination? It'll be a combination.
Commissioner Regalado: Well, that's --
Chairman Winton: Is it -- so -- maybe I think I understand this question now a little clearer. I
think he's asking whether are you going to use -- if you go from -- what's the color, yellow to
orange or -- ?
Commissioner Gonzalez: Yellow to orange.
Chairman Winton: -- yellow to orange, which is heightened sense of security, do you add both
security guards and police, depending on the location, depending on the circumstance?
Deputy Chief Fernandez: There's two locations in the City that we do double them up with a
security guard and an officer during an orange alert; that's the MRC and it's here at City Hall.
Chairman Winton: OK.
Deputy Chief Fernandez: Only two. Does that answer your question, Commissioner?
Commissioner Regalado: Yeah.
Chairman Winton: Let's get back to the appropriation issues.
Commissioner Sanchez: But did they answer your question, Commissioner?
Commissioner Regalado: Yeah, yeah, but still --
Chairman Winton: But that's --
Commissioner Regalado: -- we need --
Chairman Winton: -- this is really --
Commissioner Regalado: -- to know --
40 June 25, 2003
Chairman Winton: -- a budget issue you guys are talking about, not appropriations, so you
know, I think --
Commissioner Regalado: But we need to know where the money is coming because, you know,
we are appropriating money here, and maybe the Police will get that fund and use the fund as
they wish --
Chairman Winton: Right.
Commissioner Regalado: -- and then we have to --
Chairman Winton: And that's why --
Commissioner Regalado: -- get this from the general fund to pay the security guard.
Chairman Winton: That's why --
Commissioner Regalado: That's what I'm talking about.
Chairman Winton: I understood that, and that's why I suggested that if we get the grant, we will
make them come back and talk about where this money's going, so that it doesn't just melt away.
Commissioner Gonzalez: I have another question. Looking at the right of the explanation, it
says addition of one public relation specialist transfer from FACE -- I don't know what that
means, but anyway, for whatever it's worth -- 25,105. Additionally, $246,000 is added to various
other operating line item that includes other contractual service, new equipments and equipment
replacement.
Mr. Spring: We passed out --
Commissioner Gonzalez: What are the equipments? What are -- ? We need -- at least, I want
more information than just tell me that you're going to buy equipment, because you can go out
there and buy, I don't know, bicycles, or balloons, or whatever, you know. I would like to see
more description of what we're buying and what they're asking for.
Mr. Spring: We actually passed out a correction for you, sir. I don't know if you received it. I
have a second copy from my copy.
Chairman Winton: Right there. Commissioner, right here to your right. Right here.
Commissioner Gonzalez: And let me tell you. At least, myself, I'm going to be very critical of
the budget, very, very critical of the Police budget, so I'm telling you so you prepare yourself for
the future because it's not going to be easy.
Vice Chairman Teele: We'll balance out.
41 June 25, 2003
Commissioner Gonzalez: Without a doubt.
Vice Chairman Teele: I said, we'll balance out; you be critical and I'll be softballing [sic].
Commissioner Gonzalez: OK, good.
Chairman Winton: OK.
Commissioner Gonzalez: We make a good team.
Chairman Winton: That's right. Do we have any other questions here?
Vice Chairman Teele: Mr. Chairman, I had --
Chairman Winton: Yes, sir.
Vice Chairman Teele: Mr. Springs [sic], thank you very much. I think your presentation is one
of the best in terms of the transparency, and to the predecessor budget director, and -- I mean,
this thing has come 180 degrees in terms of clarity and transparency, and I do have one or two
concerns. I think, you know, for us really to get on the ball here -- didn't we, yesterday, direct a
$300,000 change?
Mr. Spring: Yes, we did. That actually will take place in fiscal '04, and we'll have that
appropriation --
Vice Chairman Teele: No, sir.
Commissioner Regalado: No.
Vice Chairman Teele: No, sir. No, sir. That had --
Commissioner Regalado: Immediately.
Vice Chairman Teele: -- better take place --
Mr. Spring: The feeding --
Vice Chairman Teele: Now, you see, I heard what the Mayor said yesterday, and I'm hearing
what you're saying, and we all need to get on one script. First of all, when you sweep money --
you know, the Mayor said, well, we want to take all of the money from --
Mr. Spring: Poverty initiative.
Vice Chairman Teele: -- the Commission budgets, there's no such thing as that in the -- at the
end of the year, you cannot take -- this is the painful lesson that I learned from the Oversight
Board -- you cannot take year-end savings and structure your budget the next year. You know,
42 June 25, 2003
you've got to balance it out year-to-year, so the tech -- you know, I know it doesn't make sense to
anybody, but it's the way they've set up this budget scheme to ensure a balanced budget to avoid
you from borrowing in the future and borrowing in the past. The current year budget has to be
balanced in terms of this, that, and the other, so it's not like you get to take a number from here
and put it over there. The concern that I have is this: You're technically right, in that the funds
would be expended on October 1, but what I'm trying to avoid is a situation whereby we're
basically sweeping those funds and then winding up having to come up with revenue stream to
use them because it's not like a capital or a special account. That's a operating -- in every sense
of the word, that's an operating account.
Ms. Haskins: Commissioner -- yeah. Commissioner, that's not what the intent is in this. The
one point -- the amounts that are left from the allocations for the Mayor's poverty initiative have
not been appropriated anywhere. They're held aside in a reserve fund because it was the wish of
the Commission that those monies not be appropriated until specific plans are put forward, so --
Vice Chairman Teele: But, Linda --
Ms. Haskins: -- for this year, there's no correction to an appropriation, so those monies are still
held aside in a reserve, and there's no need to appropriate them until next year, and they would be
appropriated from the initiative funds, if there were surpluses available from elected officials --
Vice Chairman Teele: Let's don't get into a --
Ms. Haskins: -- to replace it --
Vice Chairman Teele: -- technical argument because --
Ms. Haskins: -- we can do that.
Vice Chairman Teele: -- the discussion from Commissioner Gonzalez and Commissioner
Regalado yesterday and the board instructions have been that everybody is to be under contract
prior to September 30. That's the standard operating instructions on CD (Community
Development) funding; that everybody is to be under contract prior to September 30; is that
right? I mean, that's -- Mr. Attorney, isn't that -- hadn't that been our instructions?
Alejandro Vilarello (City Attorney): With regard to --
Vice Chairman Teele: With regard to our CD funds, particularly for public service, that -- you
can't appropriate those funds, technically, in October -- after October if everybody's under
contract. I -- look, I don't have a horse in this race or a dog in the fight. All I'm saying is this: I
think we need to make sure that we live up to what we said we're going to do, and I would urge
you to err on the side of caution, and we need to appropriate that $300,000, we need to make
those $300,000 available so that everybody can be under contract prior to September 30 of this
year --
Chairman Winton: And not --
43 June 25, 2003
Vice Chairman Teele: -- in my opinion.
Chairman Winton: -- do modified contracts. That's going to only confuse everyone.
Mr. Vilarello: Well, the CDB -- I think I understand your question now, Commissioner. In the
CDBG (Community Development Block Grant) -- the CD contracts all take effect October 1
together with the new budget year.
Vice Chairman Teele: Yeah, but the funds have been budgeted and appropriated, and we've
received those grants in this year. Yes, we do. We receive the CD dollars -- aren't they in this
budget?
Chairman Winton: When do we receive the CD dollars that are going to be distributed --
Ms. Haskins: The CD --
Chairman Winton: -- beginning October P
Ms. Haskins: -- dollars for the 29th Year are received in fiscal 2004, not in --
Vice Chairman Teele: When are they appropriated?
Ms. Haskins: -- fiscal 2003. The appropriation comes for 2004, including CDBG, with the
September appropriations ordinance for the City.
Mr. Vilarello: Effective October 1.
Ms. Haskins: It includes -- effective October 1.
Vice Chairman Teele: So it's appropriated in September?
Mr. Spring: Right.
Ms. Haskins: Yes, sir, for --
Chairman Winton: So that works.
Ms. Haskins: -- the next fiscal year.
Vice Chairman Teele: OK. All that I'm saying is -- I mean, I think it's very important --
Chairman Winton: Your point was good.
Vice Chairman Teele: -- that we keep the faith --
44 June 25, 2003
Chairman Winton: Right.
Vice Chairman Teele: -- with this, and I think, you know --
Chairman Winton: Your point was a good point, Commissioner Teele.
Vice Chairman Teele: The other point is this, the one -cent sur -- the one -cent transportation tax -
Chairman Winton: Half -cent.
Vice Chairman Teele: -- half -cent -- has any of that money been reflected in our budget for this
year? I've not tracked it.
Ms. Haskins: That money has not been reflected yet. It will be -- the intent is for it to go into a
special revenue fund because of the restrictions attached to it, and we had not yet received the
first check on that. We're still waiting for some estimates on what we will receive this year, and
that will be brought before the Commission to show it as a special revenue fund revenue.
Vice Chairman Teele: Again, Ms. Haskins, I mean, I'm not trying to make this difficult. The
whole budget is an estimated document, you know, and the County is being criticized because
how slowly they're moving. There is no reason for us to wait until we get a check to do a budget,
and I'm just suggesting to you, Mr. Budget Director, that the budget document itself is an
estimate. We don't wait until we get checks from the garbage collections or whatever before we
make the budget, and I think that needs to be reflected now, and the more of that stuff we can
see, the more we can figure out how to do it. The problem is this, when -- and this is the game
that goes on all the time with the budget people and the legislative people. The more they can
dump onto you at one time --
Chairman Winton: The less you figure --
Vice Chairman Teele: -- the less you can figure out, and that's no personal reflection on you. I
know you all learned that stuff in the budget school somewhere, but our job is to try to keep this
thing as simple as we can, and to get it -- eat it in bite sizes so that we can understand it. I think
we should schedule before the beginning of -- before September, under Commissioner Winton's,
perhaps, leadership, a full discussion on the transportation dollars, and to develop a
transportation plan. Because I can tell you right now, as far as -- and it should be in this budget,
Mr. Spring, in my opinion. I would feel a lot better if it were in this budget as a budgeted item,
OK, because we know what the numbers are, but my priority, just so that it's on the table, is to
get bus benches and bus shelters organized out there, and I don't know if the municipal director
or the capital director is here today. He wasn't here yesterday, but Mr. Director, I want to be
very clear about this, because I'm hopeful in asking, specifically, in conjunction with the Budget
Office and cap -- and the assistant manager for Operations, that you all come back to us with the
transportation recommendations, and please coordinate that through the Chairman's office, but
my priority is a priority that we have talked about, and some things that I know that
45 June 25, 2003
Commissioner Gonzalez and I see like on, in terms of some of the infrastructure that is needed in
our communities, but we need to resolve the bus bench/bus shelter --
Chairman Winton: My goodness, yes.
Vice Chairman Teele: -- chaos that is out there that -- where we just allow the contractors to
stick `em up out there. We never had a plan. We talked to Mr. Monzon. I'm hopeful, you know,
that that -- commitments that he made are being worked on aggressively, where we said we were
going to go through this whole city and work to buy land or to -- we're talking about little strips
of land or get easements, so that the bus shelters and the bus benches are not, you know,
blocking the ADA (Americans with Disabilities Act) and all of that. We need to solve that
problem, and Mr. Manager, Madam Manager, every time I drive down 7th Avenue, every time I
drive down some of these streets, it's really pathetic what we're doing to the people of this city.
It's really horrible.
Chairman Winton: Could we get a bus bench discussion put on the next Commission agenda so
we could get a full report from staff in terms of where we stand with bus benches? We also want
to know when the shelter contract is up so we get some -- so we can communicate with our
constituents in terms of how this whole global issue on bus benches, bus shelters, where it
stands, what our --
Commissioner Sanchez: Updated --
Chairman Winton: -- next steps are --
Commissioner Sanchez: An updated report.
Chairman Winton: -- and what we're going to -- how we're going to solve and when we're going
to solve this overall problem, so would you put that on the agenda next time? Now, let -- if we --
if y'all don't mind, I'd like to come back to the appropriations ordinance. Do we have any other
questions on this?
Commissioner Gonzalez: Mr. Chairman, I have one additional question. I just want a straight
answer, and I don't know if Madam City Manager, you can answer the question or the Finance
Director. I was at a radio program two weeks ago, and one of the callers come on and said that
in addition to the Police Chief salary of $178,000, he was getting an allowance of living -- to
cover his living expenses of $10,000 a month, plus another allowance for personal expenses. Is
that -- could you confirm that?
Ms. Haskins: Commissioner, I'll have to get back with you on that. However, those are not the
numbers that I'm familiar with. There was a living allowance for the move that was not --
$10,000 is my recollection, but would it be possible for me to get back with you on that? We'll
try --
Commissioner Gonzalez: OK. I really --
46 June 25, 2003
Ms. Haskins: -- to get the information and get back with you before the end of the meeting.
Commissioner Gonzalez: -- appreciate that you get me that information. I'm not so concerned
about his personal expenses allowance, but about the $10,000 a month for living expenses, I am
very concerned about that, and --
Chairman Winton: I can't imagine that's --
Commissioner Gonzalez: -- I need to have an explanation.
Chairman Winton: I cannot imagine that's --
Commissioner Gonzalez: Well --
Chairman Winton: -- fact, so we will find out. OK. Anything else? We need a motion and a
second on this ordinance -- on adopting the appropriation.
Commissioner Sanchez: So moved.
Commissioner Gonzalez: Second.
Vice Chairman Teele: Second.
Chairman Winton: Got a motion and a second. Would you read the ordinance, please?
The Ordinance was read by title into the public record by the City Attorney.
Mr. Vilarello: And Mr. Chairman, for the record, there was a substitute ordinance, with
attachments, distributed from what was contained in your agenda package.
Chairman Winton: Roll call, please.
Priscilla A. Thompson (City Clerk): First roll call. Commissioner Gonzal -- ?
Vice Chairman Teele: An emergency?
Chairman Winton: Is this emergency? Yes? OK.
Mr. Spring: Yes, sir.
Chairman Winton: Emergency ordinance.
Ms. Thompson: Commissioner Gonzalez?
Commissioner Gonzalez: Yes.
47 June 25, 2003
Ms. Thompson: Commissioner Regalado?
Commissioner Regalado: Yes.
Ms. Thompson: Commissioner Teele?
Vice Chairman Teele: Yes.
Ms. Thompson: Commissioner Sanchez?
Commissioner Sanchez: Yes.
Ms. Thompson: Chairman Winton?
Chairman Winton: Yes.
Ms. Thompson: Second roll call. Commissioner Gonzalez?
Commissioner Gonzalez: Yes, ma'am.
Ms. Thompson: Commissioner Regalado?
Commissioner Regalado: Yes.
Ms. Thompson: Commissioner Teele?
Vice Chairman Teele: The Chairman rushed me. There's one other observation. I have not
supported this --
Chairman Winton: My apologies.
Vice Chairman Teele: No, no, no. You're doing a good job. -- discussion about the Clerk's
office, but I would hope that the Manager's office, and Human Resources, and Budget and Clerk
would meet and come up with either budget adjustments or part of the next year. It's my
understanding that one -- the number two person has entered into the DROP (Deferred
Retirement Option Plans) program, a whole series of things, which I won't get into, but I really
would like to see a much better dialogue in discussion between the Manager's office and the
Clerk's office, the Manager's office and the Law office, the Manager's office and the Auditor
General, because it can't just be whatever the Manager says. We've got to -- we're the ones that
have to make that decision, not the Manager's office, and we have to treat, you know, all four
offices, the Manager, the Attorney, the Clerk, and the Auditor General, you know, in addition to
the Mayor's office, which we're responsible for in the budget, as well as our own office, so we've
got six policy decisions we're always trying to balance, and I would really appreciate if you all
could work cooperatively with each of those offices, the Auditor General, the Attorney, the
Clerk, because the management's going to take care of the management. All the decisions that
48 June 25, 2003
are made are management decisions. I assume you all are going to talk to each other in the
management, so please, I vote yes.
Ms. Thompson: Commissioner Sanchez?
Commissioner Sanchez: Yes, ma'am.
Ms. Thompson: Chairman Winton?
Chairman Winton: Yes, definitely.
An Ordinance Entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 12279, AS
AMENDED, THE ANNNUAL APPROPRIATIONS ORDINANCE TO
REVISE CERTAIN OPERATIONAL AND BUDGETARY
APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2003,
FURTHER AMENDING THE TABLE OF ORGANIZATION AS SET FORTH
IN THE FISCAL YEAR 2003 APPROPRIATIONS ADJUSTMENT,
ATTACHED AND INCORPORATED, CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Sanchez and seconded by Vice Chairman Teele, for adoption
as an emergency measure, and dispensing with the requirement of reading same on two separate
days, was agreed to by the following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Tomas Regalado
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None
ABSENT: None
49 June 25, 2003
Whereupon the Commission on motion of Commissioner Sanchez and seconded by Vice
Chairman Teele, adopted said ordinance by the following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Tomas Regalado
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None
ABSENT: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12382.
Ms. Thompson: The ordinance is adopted as an emergency, 5/0.
18. DISCUSSION CONCERNING COLLABORATING WITH HEALTH FOUNDATION OF
SOUTH FLORIDA TO IMPLEMENT SENIOR IMMUNIZATION PROJECT IN CITY.
Chairman Winton: We're going to go to the blue page items. Commissioner Regalado, we
always put you last. You can be first.
Commissioner Regalado: Thank you.
Chairman Winton: You're welcome. And could we get the Mayor. The Mayor's got a couple
of blue page items. So, could we put him on notice that we'd like him to be here?
Vice Chairman Teele: Why? Is there objection to something?
Chairman Winton: No, no. He has two blue page items himself.
Commissioner Regalado: Yeah, but we'll move it. He -- at least, he talked to me about it.
Chairman Winton: OK. Well, all right, fine.
Commissioner Regalado: At least, he talked to me about it. I guess he didn't talk to the other --
Chairman Winton: OK, fine. Then -- OK. That's all right with me. Commissioner Regalado,
you're up.
Commissioner Regalado: What do you want to do, the Mayor's thing, or do mine?
Chairman Winton: No, do yours. You are --
Commissioner Regalado: Oh, thank you.
50 June 25, 2003
Chairman Winton: -- numero uno today.
Commissioner Regalado: Hey, numero uno.
Vice Chairman Teele: The first shall be last and the last shall be first.
Commissioner Regalado: Yeah, that's the Bible, man. I have a discussion item regarding the
Health Foundation of South Florida to implement a Senior Immunization Project in the City of
Miami. Let me tell you what this is, very briefly. They did that in West Palm Beach. This is a
very serious group that has funds, resources, and what they do is they immunize against flu,
influenza, the senior citizens, but they do need permission from the City and they need no
money, at all. They're not asking for money, but they do need the facilities of the fire stations in
order to offer this kind of flu shots. They will do their own marketing and advertising, and in
West Palm, it worked. They had almost 90% coverage of seniors, so my motion is to officially
enter into an agreement with the Health Foundation, at no cost to the City. There will no use of
resources from the Fire Department, only the locales, so I think it's a good deal and it worked in
West Palm and they're willing to try here in the City of Miami as the pilot program for Miami -
Dade County. So, my motion --
Chairman Winton: Got a motion -- motion and a second. Chief, any comment?
Chief Shortly Bryson (Fire Chief, City of Miami): Thank you, Commissioner. The only
comment is, I haven't really studied it to see what they've done other places and if there's an
impact on anything, but of course, anything we can do to try and make our community healthier
is in our best interest, too.
Chairman Winton: Right.
Commissioner Sanchez: Would you report -- Chief, would you report back to us as to what
impact it may have to the City?
Chief Bryson: Absolutely, yeah.
Chairman Winton: And you can do --
Commissioner Sanchez: Both on the negative aspects of it, positive aspects of it.
Chairman Winton: Where did you say it was done, Commissioner Regalado?
Commissioner Regalado: I'm sorry?
Chief Bryson: Of course, sure.
Chairman Winton: You said they started in West Palm?
51 June 25, 2003
Commissioner Regalado: Yeah, they did in West Palm.
Chairman Winton: And they did it in Police --
Commissioner Regalado: I have all the information here.
Chairman Winton: They did it in firehouses in West Palm?
Commissioner Regalado: I'm sorry?
Chairman Winton: They did it in firehouses in West Palm?
Commissioner Regalado: Yeah.
Chairman Winton: So, Chief, you might get hold of your counterpart up there and you'll get a
head start on this.
Chief Bryson: I'll do that. Thank you.
Chairman Winton: OK. Any other --
Commissioner Regalado: Let me just mention something. The City of Miami, which is number
1 in poverty, ranks seventh in the United States of cities over 100,000, so imagine how many
cities we have. Number 7 in senior citizens over 65 years of age, and this -- the senior
population is the most vulnerable to flu, so that is why they want to use the City of Miami as a
pilot program.
Chairman Winton: Great, great idea, so we have -- any further discussion on this idea? Being
none, all in favor "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign opposed. The motion carries.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 03-732
A MOTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH HEALTH FOUNDATION OF SOUTH FLORIDA, AT
NO COST TO THE CITY, FOR USE OF FIRE STATION FACILITIES TO
CONDUCT A PILOT PROGRAM FOR THE SENIOR IMMUNIZATION
PROJECT; FURTHER DIRECTING THE ADMINISTRATION TO REPORT
BACK TO THE COMMISSION WITH BOTH THE POSITIVE AND
NEGATIVE IMPACTS OF THIS PILOT PROGRAM TO THE CITY.
52 June 25, 2003
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
19. AUTHORIZE AND PERMIT RESTRICTION OF VEHICULAR AND PEDESTRIAN
ACCESS AT ALLEY LOCATED AT SOUTHWEST 54TH AVENUE, BETWEEN
INTERSECTIONS OF SOUTHWEST 5TH STREET AND SOUTHWEST 5TH TERRACE, DUE
TO UNSAFE CONDITIONS.
Commissioner Regalado: Mr. Chairman, the other thing is a -- authorizing and permitting the
restriction of vehicular and pedestrian access. This is actually an alley, which is not an alley, and
it's -- this is supposed to be a public hearing. Public Works and the City Manager agree with
this, and this piece of land is very small; has been a nightmare for a resident, who has already
signed a covenant with Public Works regarding insurance, and all that, so my motion, provided
this is a public hearing, is to approve the restriction of vehicular and pedestrian access in the
intersection of Southwest 54th Avenue, between Southwest 5th Street and Southwest 5th
Terrace, in the City of Miami.
Commissioner Sanchez: Second.
Chairman Winton: We have a motion and a second. Madam Manager, has staff -- I mean, is
there any issue here that maybe none of us are aware of that, public safety, any other thing that --
Linda Haskins (Deputy City Manager/Chief Financial Officer): No.
Chairman Winton: Management, have y'all reviewed this?
Unidentified Speaker: Yes.
Chairman Winton: OK, fine. Good. We have a motion and a second. Let us see. Is this a --
resolution. Any further discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
53 June 25, 2003
The following resolution was introduced by Commissioner Regalado, who moved for its
adoption:
RESOLUTION NO. 03-733
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
AND PERMITTING THE RESTRICTION OF VEHICULAR AND
PEDESTRIAN ACCESS AT THE ALLEY LOCATED AT SOUTHWEST
54TH AVENUE, BETWEEN THE INTERSECTIONS OF SOUTHWEST
5TH STREET AND SOUTHWEST 5TH TERRACE, MIAMI, FLORIDA,
DUE TO UNSAFE CONDITIONS, SUBJECT TO CERTAIN CONDITIONS
AS MORE PARTICULARLY SET FORTH HEREIN.
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
20. DIRECT ADMINISTRATION TO FOLLOW UP WITH SOUTH FLORIDA WATER
MANAGEMENT DISTRICT ON FLOODING PROBLEMS THAT OCCURRED
YESTERDAY IN AREAS OF SOUTHWEST 47TH 62ND AND 64TH AVENUES ALONG
SOUTHWEST 4TH STREET, DUE TO FLOOD GATES NOT BEING OPENED AND STORM
DRAIN SYSTEM NOT ACTIVATED PROPERLY, AND REPORT DETAILS BACK TO
COMMISSIONER REGALADO IN THIS MATTER.
Commissioner Regalado: Just, Mr. Chairman, one question to the chief of Neighborhood
Services. Are -- under the Manager -- Madam Manager -- are the back door trucks operating
now?
Jorge Cano (Acting Chief of Neighborhood Services/Director, Capitol Improvements): What
we're doing, we're finalizing a purchase order to get a 30 -- yard --
Chairman Winton: Name, please.
Mr. Cano: I'm sorry. Jorge Cano, acting chief of Neighborhood Services and director of Capital
Improvements. What we've done in the past week, we should be ready to finalizing this. A
purchase order where we're acquiring a 30 -yard container to be put on Public Works yard, so that
we can empty the Vactor trucks.
54 June 25, 2003
Commissioner Regalado: But they're not working now.
Mr. Cano: They are? They're back? OK, they're back working, sir.
Commissioner Regalado: Since when?
Mr. Cano: Yesterday, sir.
Commissioner Regalado: OK, so you have the schedule.
Mr. Cano: Yes.
Commissioner Regalado: What did you do with what you had inside, if you don't have the
container?
Mr. Cano: OK. We made arrangements on Virginia Key.
Commissioner Regalado: Oh, OK. Well, I mean, you know, we have -- we should have --
Chairman Winton: I don't even know what this conversation is.
Commissioner Regalado: -- thought of that.
Chairman Winton: I'm afraid to ask.
Commissioner Regalado: Because we have 10,000, and yesterday we had problems. I think that
the gates were not open by South Florida Water Management. We had floods in 62nd and very
small rain. We have floods on 62nd, 64th Avenue, 47th Avenue, 4th Street; it was all flooded.
We only have two pumps working, and we had six sites really flooded, and I think it's because of
the storm drain system.
Mr. Cano: I'll follow up with the regional director of the South Florida Water Management
District. I was in conversation with him Sunday night and they were going full blast on the gates
from Sweetwater (UNINTELLIGIBLE) --
Chairman Winton: So --
Mr. Cano: So I'll find out what happened --
Chairman Winton: And get the details specifically back to Commissioner Regalado, please.
Mr. Cano: Yes, I sure will.
Chairman Winton: OK.
55 June 25, 2003
Commissioner Regalado: OK.
Chairman Winton: Anything else, Commissioner?
Commissioner Regalado: Thank you.
Chairman Winton: All right.
Commissioner Regalado: Done.
21. FIRST READING ORDINANCE: AMEND CHAPTER 2/ARTICLE XI/DIVISIONS 2, 3
AND 16 OF CITY CODE ENTITLED "ADMINISTRATIONBOARDS, COMMITTEES,
COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS
GENERALLY, INTERNATIONAL TRADE BOARD AND SISTER CITIES
COORDINATING COUNCIL" TO ABOLISH EXISTING INTERNATIONAL TRADE
BOARD AND SISTER CITIES COORDINATING COUNCIL, AND SUBSTITUTE IN LIEU
THEREOF NEW DIVISION 3, ENTITLED "THE MAYOR'S INTERNATIONAL COUNCIL".
Chairman Winton: Mr. Mayor, I was told that you didn't even have to be down here, but we
always welcome you down here. It's great to have you, and we're going to go to your blue page
items.
Mayor Manuel A. Diaz: Thank you, Mr. Chairman. We have, you know, two items on my blue
page. The first one is one that you're very familiar with, since you worked and your staff worked
with my staff to develop, and that is the, in essence, creation of a new entity and the abolishment
of two existing entities, the International Trade Board, which the Chairman chairs, and the Sister
Cities Coordinating Council, and creating in lieu of that the Mayor's International Council. We
believe that this will give us a more focused approach in terms of our international policy as a
City, instead of having two staffs working in two separate directions; it merges the budgets,
merges staff, so I think, from a policy perspective, it allows us to have a more defined and clear
policy going forward in terms of our international efforts, and is more efficient, and will
hopefully save some money in the process, and be able to have one director to speak to instead of
several directors and so forth, so I would request that you approve this first reading ordinance.
Chairman Winton: Need a motion.
Commissioner Gonzalez: So moved.
Commissioner Sanchez: Second.
Chairman Winton: Got a motion and a second, and I would like to make just one comment about
the Mayor's comments, and that is that, frankly, I hope that, over time, it doesn't save money. I
hope we put more money into this because I think that international trade is a huge part of our
economy here, and if we can make this really an effective economic development tool, which I
think it has simply not been in the past, and I think we could generate a lot of jobs in economic
56 June 25, 2003
development all over the City of Miami through this economic development tool, so any further
discussion?
Alejandro Vilarello (City Attorney): This is an ordinance.
Chairman Winton: Oh, I'm sorry.
The Ordinance was read by title into the public record by the City Attorney.
Chairman Winton: Roll call, please.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE XI/DIVISIONS 2, 3 AND 16 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATIONBOARDS, COMMITTEES,
COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF
BOARDS GENERALLY, INTERNATIONAL TRADE BOARD AND SISTER
CITIES COORDINATING COUNCIL" TO ABOLISH THE EXISTING
INTERNATIONAL TRADE BOARD AND THE SISTER CITIES
COORDINATING COUNCIL, AND SUBSTITUTE IN LIEU THEREOF NEW
DIVISION 3, ENTITLED "THE MAYOR'S INTERNATIONAL COUNCIL",
TO SET FORTH THE COUNCIL'S PURPOSE, POWERS, AND DUTIES, AND
PROVIDE FOR GOVERNING BODY, COMPOSITION AND
APPOINTMENTS, TERMS OF OFFICE AND VACANCIES; MEMBERSHIP
ELIGIBILITY REQUIREMENTS; OFFICERS; OATH; QUORUM AND VOTING,
MEETINGS; ATTENDANCE REQUIREMENTS; INDEMNIFICATION;
APPOINTMENT OF AN EXECUTIVE DIRECTOR, TERM,
QUALIFICATIONS, COMPENSATION, GENERAL POWERS AND
RESPONSIBILITIES; EMPLOYMENT OF ASSISTANTS, COUNSEL;
APPROVAL OF BUDGET; ANNUAL REPORT AND AUDIT; ABOLITION
OF COUNCIL; AND PROVIDING FOR SUNSET REVIEW; MORE
PARTICULARLY BY AMENDING SECTIONS 2-887 AND 2-892;
REPEALING DIVISION 3, CONSISTING OF SECTIONS 2-921 THROUGH 2-
930 AND DIVISION 16, CONSISTING OF SECTIONS 2-1231 THROUGH 2-
1238 IN THEIR ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF NEW
DIVISION 3, CONSISTING OF SECTIONS 2-921 THROUGH 2-930 TO SAID
CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
57 June 25, 2003
was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was
passed on first reading, by title only, by the following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0.
Mayor Diaz: Thank you.
22. AUTHORIZE MANAGER TO ENTER INTO CONTRACT WITH MIAMI-DADE
PUBLIC SCHOOL SYSTEM, AND ACCEPT FUNDS $316,965, FOR SUMMER READING
PROGRAMS TO TAKE PLACE IN CITY PARKS.
Mayor Manuel A. Diaz: The second item is to authorize the City Manager to execute a contract
with the Miami -Dade public school system to accept almost $317,000 for summer reading
programs in our parks. I'm proud to report that all of us, collectively, through our efforts and
support, the summer program that we have initiated this year, which hopefully, will become an
after school program on an annual basis, has proven to be very successful. I am told by our
Parks director that we have some 12,000 children registered for the summer programs during the
first week. We are -- as you remember from the Heart of Our Parks initiative, we're providing
reading classes. We're also providing, obviously, athletic -type programs, but more importantly,
we're also providing band for those that want to play instrument, and dance classes, and a series
of artistic and cultural endeavors for those of our children that choose to do so, so it's been very
successful, and this is part of that. I congratulate our Parks director because he's the one that
went to Superintendent Steirheim and was able to make this deal to bring this money into the
City. This will provide us, through the summer, I believe, with 30 reading teachers and some 15
or 16 aides or apprentices that will work with them. We're also, --- let you know in advance,
working on receiving a grant from NASA (National Aeronautics and Space Administration) to
provide math and science classes in our parks, as well.
Commissioner Gonzalez: Move the blue page item of the Mayor, accepting the donation of the
school board for $300,000.
Vice Chairman Teele: Second the motion.
Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
58 June 25, 2003
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Commissioner Gonzalez, who moved for its
adoption:
RESOLUTION NO. 03-734
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO ACCEPT FUNDS, IN THE AMOUNT OF $316,965,
FROM THE SCHOOL BOARD OF MIAMI-DADE COUNTY TO PROVIDE
SUMMER READING PROGRAMS AT CITY OF MIAMI PARKS; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
SAID PURPOSE.
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
23. URGE MIAMI-DADE COUNTY TO TERMINATE CURRENT NEGOTIATIONS FOR
LEASE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND GREYHOUND LINES,
INC. AND OPPOSE EXECUTION OF AGREEMENT FOR USE OF UNIMPROVED
PARCEL OF LAND TO BE USED AS METRORAIL GUIDEWAY AT METRORAIL
STATION FACING SOUTHWEST 8TH STREET; REQUEST NOTIFICATION OF
ALTERNATE LOCATIONS CONSIDERED BE PRESENTED TO COMMISSION.
Chairman Winton: There's another -- and we have a pocket item that's actually, I think, both
from the Mayor and me. This is an issue where the County is working to -- nobody can quite
figure out what it is because the story line changes constantly, but to put some sort of Greyhound
bus terminal at the West Brickell Metrorail station. Commissioner Morales and I have worked
on this for months now, and we keep getting these statements out of the County that it's dead;
only to find that some other bureaucrat in the County is pushing it. We learned yesterday that
the agreement is now on the Manager's desk for signature, so Commissioner Morales is opposed,
I'm opposed, and so this resolution is coming from the Mayor to the County, suggesting that they
really need to pay closer attention to what we're trying to do in the City, if you know what I
mean, so if I could get a --
59 June 25, 2003
Commissioner Gonzalez: Mr. Mayor -- Mr. Chairman.
Chairman Winton: Yes, sir. Yes, sir, Commissioner Gonzalez.
Commissioner Regalado: Can I?
Chairman Winton: Oh, I'm -- Commissioner Regalado.
Commissioner Regalado: No, no. I remember when the Children's Museum was going to be
built in Commissioner Sanchez district that the attorneys for the Museum said, there's nothing
you can do about it. You know, if we want to build it there, we're going to build it there; just that
they want to be good neighbors, so is there anything that we can do to avoid this --
Commissioner Sanchez: I think this pocket item starts the process.
Chairman Winton: Yeah. I'm hoping that there's a follow up phone call to George Burgess
suggesting that, you know, the whole Commission is opposed to it, and it isn't a -- it probably
wouldn't be a very good step, as a newly appointed County Manager, to go against the entire
Commission and the Mayor of the City of Miami, more politely said, so we need --
Mayor Manuel A. Diaz: And if you adopt this, I will sign it immediately and we'll get it over
there immediately.
Chairman Winton: Great.
Commissioner Sanchez: All right.
Chairman Winton: We need a motion.
Commissioner Gonzalez: Mr. Chairman --
Commissioner Sanchez: It's been moved.
Commissioner Gonzalez: -- I have a resolution of the City of Miami Commission opposing the
execution of the lease between Miami -Dade County and Greyhound Lines, Inc. --
Commissioner Sanchez: Second.
Commissioner Gonzalez: -- and this is a pocket item from the Mayor.
Chairman Winton: Motion and a second. Any other discussion?
Vice Chairman Teele: I just want to know, what are they proposing?
60 June 25, 2003
Chairman Winton: Well, we can't ever get the same story, so we know they're going to start
running buses over there from their other downtown location, and they're going to sell tickets,
but we know they're running buses over there, as well, and -- but we can't get a straight story,
which is another part of the problem on this whole issue.
Commissioner Regalado: Is this facing the residential building, the -- ?
Chairman Winton: Well, we don't know what it looks like. We don't know exactly how it's
going to be operated. We don't know anything.
Commissioner Regalado: No, because what I'm saying is that we do have a noise ordinance, and
past 11 o'clock, there will be noise that would go beyond the limit in the City of Miami, and it is
less than 100 feet away. If it is --
Chairman Winton: That is true.
Commissioner Regalado: -- where I think it may be --
Chairman Winton: It's on 1 st Avenue there.
Commissioner Regalado: -- from the adult building, the (UNINTELLIGIBLE) adult building
right there in front of the Metrorail station, near Southwest 8th Street, so --
Chairman Winton: That's correct.
Commissioner Regalado: -- that would be a violation of the noise ordinance, unless they would
not get buses during the early morning hour, which they do --
Chairman Winton: Right.
Commissioner Regalado: -- so, you know --
Chairman Winton: So --
Commissioner Regalado: -- they need to be advised of that, of the City Code surrounding the
area that -- where they plan to do this.
Chairman Winton: Right. OK. Any other discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
61 June 25, 2003
The following resolution was introduced by Commissioner Gonzalez, who moved for its
adoption:
RESOLUTION NO. 03-735
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-
DADE COUNTY TO TERMINATE CURRENT NEGOTIATIONS FOR A
LEASE AGREEMENT ("AGREEMENT") BETWEEN MIAMI-DADE
COUNTY AND GREYHOUND LINES, INC. AND OPPOSING THE
EXECUTION OF THE AGREEMENT FOR USE OF AN UNIMPROVED
PARCEL OF LAND TO BE USED AS A METRORAIL GUIDEWAY AT THE
METRORAIL STATION FACING SOUTHWEST 8TH STREET, MIAMI,
FLORIDA; AND REQUESTING NOTIFICATION OF ANY ALTERNATE
LOCATIONS CONSIDERED BE PRESENTED TO THE CITY COMMISSION.
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
Chairman Winton: Thank you, Mr. Mayor. Pleasure having you down here.
Mayor Diaz: Thank you.
24. DISCUSSION REGARDING USE OF TEATRO ARTIME FOR TWO HOURS ON 6TH OF
JULY FOR TRILINGUAL INTERRACIAL ECUMENICAL SERVICE.
Chairman Winton: Commissioner Sanchez. Commission -- yes.
Commissioner Sanchez: Thank you, Mr. Chairman. I have several items. One is Reverend
Martin Anorga, who turned 76 today. It's his birthday, and basically, I told him to stay home
with his family and not to show up. Basically, what we're so going to do here, they're going to
do an event at the Teatro Artime for two hours on July 6, for a trilingual interracial ecumenical
service, and basically, the money is just going to come out of my budget, so I don't -- I don't
think I need a motion for that.
62 June 25, 2003
25. DIRECT MANAGER TO KEEP MEMBERS OF COMMISSION INFORMED WHEN
MANAGER MAKES CHANGES RELATED TO APPOINTMENT AND/OR
REASSIGNMENT OF DIRECTORS OF DEPARTMENTS AND OFFICES.
Commissioner Sanchez: So, we'll move on to Item B, which is discussion concerning the City
Grants Department and the importance of the grants for the City. We've all experienced the
shortfall of funds for Social Services, and in many ways, the Department now, I think, lost one
individual, who did an outstanding job in bringing in a lot of grants to the City, and he's moved
on to bigger and challenging things with the NET (Neighborhood Enhancement Team) offices,
Juan Carlos Espinosa, who is here. Let me just say that the grant season now starts, and
basically, the deadline is June and July, and there's millions and millions of dollars out there that
we could seek, and the importance of it is to make sure that we don't lose that opportunity to seek
these grants that could offset what we spend off our general funds. One thing that -- is to be
recognized is the grant process is very labor-intensive. It takes a lot of work to put it together
and send it to federal government, where most of our funds come from, but what I wanted to do
is -- I know that we have not hired someone yet, and that position has been vacant. Yeah, Juan,
could you come up and elaborate a little bit? But I just wanted to -- since we're losing you, and I
know you've done an outstanding job with the limited resources that you had in that department -
- the process itself, and I know that we could seek funds now from -- you're talking from CIP
(Capital Improvement Program), you're talking from Parks, Economic Development; of course,
Police and Fire have their own grant writer, I believe, but those are all the possibilities that really
we -- I feel, and that's why I'm bringing it up, that we are not doing everything we can within our
powers to seek these grants, better make use of these grants, and then execute these grants,
because it's one thing obtaining the grants, and then not following through with good
management to implement it, and the worst thing that we could do or any government could do is
obtain these funds and not use them and have to give them back, so that is of great concern to
me, and I just want to take this opportunity, first of all, to congratulate you for the good work
you've done and to see what you could pass on to someone who's going to come in and take on
this position because we agreed on one thing here: We cannot bring somebody in who's going to
have that learning curve when we have an important deadline of June through October on these
grants, because basically, we're going to lose out on another year of obtaining all these grants
that are available out there, and I brought this up and it came to my thought when we had an
organization to plant trees -- and if Commissioners -- my colleagues, if you recall the last
Commission meeting -- I believe Teele was not here; he was absent -- but we had an
organization come up, who have planted trees throughout the entire city, and basically, they
begged for $5,000 to plant trees, and really, I said, if there is grants out there -- and I know that
there are many foundations who give grants to plant trees and to improve the quality of life, and I
know that these foundations work with the stock market, and when the stock market doesn't do
well, they cut back on their grants and stuff, but the federal government's got plenty of grants,
especially when we focus on AIDS (Acquired Immuno Deficiency Syndrome) now, and we
focus on health care and homeless defense [sic] that we spoke about, and then all the other
departments that work together, but I think that the important thing here is to -- that you could
give some suggestions to pass on, so we could improve that department, so Juan Carlos, without
any further interruption, I'll allow you to say a few words, sir.
63 June 25, 2003
Juan Carlos Espinosa: Juan Carlos Espinosa, director of NET, and still wearing the second hat as
grants administrator for the City of Miami. Mr. Commissioner, thank you for your kind words. I
have been the grants administrator for the City for the last, approximately, 15 months. In that
time, I think we have been able to, with the help of a very good -- small, but very good staff,
been able to really improve the way that the grants function works in the City of Miami. In
terms of my successor, we have a very strong candidate right now that we're in the process of
negotiations with, and I've made a commitment to the Manager that I will work with whomever
the -- my successor is to make sure that the transition is smooth. The Commissioner is correct in
that --
Commissioner Sanchez: May I interrupt you?
Mr. Espinosa: -- we are entering -- yes, sir.
Commissioner Sanchez: Does this individual have expertise in grant writing?
Mr. Espinosa: Grant writing and grant management. My -- among the goals I had for my first
year as grants administrator was basically to create a system where one did not exist, improve the
coordination. The grants administrator actually only works with the departments in the city that
are under the purview of the City Manager, with the exception of Community Development; we
only work with discretionary grants. We finished the first phase of the reorganization of the
Office of Grants Administration, and for my second phase, which was for our next fiscal year,
my goal was to create -- make the city a better manager of the grants that it gets, and also seeing,
as grant funding is drying up at the state level foundations, as you mentioned, many of them will
depend on endowments, and we've seen what's happened with the stock market. I've also been
working on finding other kinds of resources that the City could use to leverage its existing
resources so that the City can meet its priorities and needs with the assistance of grant monies
and other kinds of alternative resources of revenue.
Commissioner Sanchez: I have a question. What do you think that the big departments could
better do to manage these grants? It's not just getting the grants; it's them managing the grants
and knowing exactly -- because you obtain the grants and, in many case, they have to participate
in the process as to -- I mean, all the grants go through you. In other words, they don't write their
own grants, do they?
Mr. Espinosa: Well, all -- well, the Office of Grants Administration is involved in the pre -award
process. In other words, we help research, write, package, but the content experts, of course, are
the departments themselves. They are the end users. One thing that we have -- that I had
suggested and -- to some of what we call our frequent flyer departments, the departments that
have heavy grant portfolios, is that they consider having one person as a coordinator for their
grants. I'm speaking specifically of Parks, CIP, Economic Development. The Fire Department
actually has a grant writer in my office, Christian Jordeau (phonetic), who's done an excellent job
working with Fire -Rescue, and we are also -- we also have a position that we are going to be
interviewing for very soon that will be a person who will specialize on -- in Police and
Homeland Security so that we can better coordinate with the departments that are relevant to
Homeland Security to meet those needs.
64 June 25, 2003
Commissioner Sanchez: Thank you, and that will be one of your recommendations?
Mr. Espinosa: Absolutely.
Commissioner Sanchez: Thank you.
Mr. Espinosa: Thank you, sir.
Commissioner Gonzalez: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Gonzalez: Mr. Espinosa, excuse me, please. How long have you been employed
with the City?
Mr. Espinosa: Fifteen months, sir.
Commissioner Gonzalez: And what -- all you have done is grant writing, right?
Mr. Espinosa: I have been the director of the Office of Grants Administration, yes, sir.
Commissioner Gonzalez: Do you have any experience at all as NET director or been involved
with the NETS?
Mr. Espinosa: Well, my involvement -- in my previous life, I'm an academic. I'm not a person
who is a -- have done -- I've been involved with grants. My experience has been -- as a resident
and citizen of City of Miami, as a customer of NET, as someone who has studied NET and used
it (UNINTELLIGIBLE) example, and work that I have done as an consultant with the United
Nations, I've used it as a model for other municipalities around the world in terms of providing
direct services. I'm a -- I have experience as a manager of people, as an administrator, and as an
expert on urban issues.
Commissioner Gonzalez: You don't have any experience, at all, on that, in that field? You have
-- your experience with the NET is as a resident of the City of Miami.
Mr. Espinosa: Well, I've also worked closely with NET on grants, and have also --
Commissioner Gonzalez: On grants.
Mr. Espinosa: -- two studies on the NET system in the City of Miami, and I've also been
involved in other ways with the City and through the NET system.
Commissioner Gonzalez: All right. This has been Manager's decision to make the changes, and
you know --
65 June 25, 2003
Chairman Winton: Which?
Commissioner Gonzalez: -- we cannot interfere with the Manager on his decision, but --
Chairman Winton: Correct.
Commissioner Gonzalez: -- I believe -- and I believe that I am entitled to express my opinion --
that we need to be more careful on how -- on the changes that we're making in this city because,
you know, some of them may work out well, but some of them could become a disaster, because
this gentleman, his expertise is in one field, where he's doing a great job and has been doing a
fantastic job for the City, and now we're taking him out of that field and we're putting him in a
completely new field that he doesn't know. Because it's very simple to look at NET from the
outside or to look at NET and write papers at home about NET, and another thing is to be out
there facing the challenges of NET, but once again, he's our --
Chairman Winton: But like you --
Commissioner Gonzalez: -- City Manager and that's his option, to move people around the way
he want. One thing that I need to express is that the way that the acting NET director, Eddie
Borges, the way that his transfer was handled was very unprofessional. You don't take a 27 -year
employee of the City of Miami, a dedicated employee of 25 years, and just call him in the office
and tell him "I only got two minutes to you. You're transfer." You know, you didn't do that. I
mean, you got to treat employees with decency and respect, especially when they're people that
don't have any bad, you know, data on their resumes and their work, so -- but, you know --
Chairman Winton: And I would urge the --
Commissioner Gonzalez: If this is the type of management --
Chairman Winton: Right.
Commissioner Gonzalez: -- that we want to do, I mean --
Chairman Winton: I would --
Commissioner Gonzalez: -- you know, it's fine. I'm not the Manager, so --
Chairman Winton: I would urge you to take this conservation up with the Manager when he gets
back.
Commissioner Gonzalez: I already did. I already did, but I know that a lot of people are feeling
very bad about it, not only employees of the City of Miami, but even residents, you know. The
way that this was handled was very inappropriate and very unprofessional. Like I say, you
know, you don't -- even if you're going to fire an employee, you don't, Johnny, humiliate the
employee. You don't --
66 June 25, 2003
Chairman Winton: I agree.
Commissioner Gonzalez: -- you know, you just call him and say, listen, I appreciate your
services. You've been great to the company, but unfortunately, you know, I no longer need you,
and I really appreciate everything you have done for us and -- you know, you don't have to --
there's certain ways to get things done, you know.
Chairman Winton: Agreed.
Commissioner Sanchez: Mr. Espinosa.
Chairman Winton: OK.
Commissioner Sanchez: Thank you for your --
Mr. Espinosa: Yes, sir.
Commissioner Gonzalez: Thank you.
Commissioner Sanchez: -- professionalism and I know you'll do well on your new position.
Thank you, sir.
Mr. Espinosa: Thank you, sir.
Chairman Winton: Thank you.
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Vice Chairman Teele: I think you're right to try to redirect the conversation that I'm in total
agreement with at this point of what I've heard Commissioner Gonzalez say, but I don't think
these should be private conversations. I think it should be done when the Manager, the
Administrator is on the dais because it almost looks like we're do -- you're saying something
behind somebody's back. The only criticism that I've had of this management is the manner in
which faithful employees have been dealt with. Commissioner Gonzalez -- Commissioner
Regalado, I said, " Isn't that our grants guy?" And he says, "No, no, no. You didn't know?" No,
I didn't know. I -- I mean, you know, I commend you, congratulations, condolences, but I just
think it's really terrible for the Commission, who's ultimately -- when the people got rodent
problems, they come to my office. When they got trash pick-up problems, they come to my
office. When the system doesn't work, they come to my office. It's not really right for the NET
process to work so aloof -- and I've got to learn that you're the new big NET, you know, through
-- I mean, the way this should happen is that everybody should receive a phone call and a
courtesy meeting, and somebody -- one of those aides running around with the Manager's office
ought to be the person responsible for setting up those meetings, et cetera. I mean, you know,
we've got -- there's just not enough coordination, and what Commissioner Gonzalez is saying --
67 June 25, 2003
you know, the most disrespectful and rude thing that can happen is when you're talking to
somebody about a subject matter that they need to be hearing -- you know, I don't talk to you
once a year, and I really don't think that it's courteous or proper for you to take the attention
away from someone, when a Commissioner or the Mayor is talking to them, in a public meeting.
That's just -- I mean, you know, we need to get some Courtesy 100 here. It's just not right. It's
just not right. You know, and I'll fully support the decisions of the management, but at least, I
want the -- if this is my only opportunity, I -- I've been holding somebody else responsible, but
you know, I don't know what all this is about. All that I'm saying is, you know, I want to give
you a chance. I don't know if you know the NET job the way Commissioner Gonzalez has
described it. I know you're an extraordinarily competent in the grant -writing business, and
you're a real asset to the City, and I would hope that you would do well, but I really don't -- I
think it's really unfair to us to put you in this position, to put our constituents in this position.
We ought to have a little bit better dialogue, and I think, you know, one of the things is that when
these major appointments are made -- you know, a NET Administrator was appointed. Nobody
said to me, I'd like to set up a meeting with the NET. What am I supposed to do? Go down and
knock on the NET door? You know, that's just so uncouth, I think. It's just not civil.
Chairman Winton: So --
Mr. Espinosa: Mr. Commissioner.
Chairman Winton: -- Madam Acting Manager, I think there's -- and I would suspect that if we
all wanted to chime in, you'd hear the same thing from each of us, but we're not all going to
chime in, but there is a message here that needs to get -- and it isn't you, and Commissioner
Teele's right, we need to deliver this message directly to the Manager, but I think everybody's
going to echo the same sentiments. You know, I know he's in a rush, but we're the ones that
ultimately get all the damn phone calls when the rush doesn't work; he doesn't, and so enough
said.
Commissioner Regalado: Well, Mr. --
Chairman Winton: Yes, sir.
Vice Chairman Teele: Commissioner Sanchez had the floor, I think.
Chairman Winton: Well, no. He was finished. Commissioner Regalado.
Commissioner Regalado: No. I just have a comment. I think -- I just want to agree with my
colleagues. I really think that because of NET is the front line of defense of the residents, we get
all the calls. When a NET employee is rude, we get a call. When they need somebody to go
there, we get a call, and we have not been given the courtesy of knowing not, not the new
director, which we know as a very good grant writer and administrator, but I have heard -- we
have been told that there is a new --
Chairman Winton: I guess I was wrong.
68 June 25, 2003
Commissioner Regalado: -- and revolutionary plan to change the NET Office, and I -- and that
will -- soon it will go before the Commission. Well, guess what? If it comes to the Commission
before we are at least --
Vice Chairman Teele: Hold it. Get a 911.
Chairman Winton: Get -- Yes, we'll take a recess.
THEREUPON, THE COMMISSION RECESSED AT 10:38 A.M. AND RECONVENED AT
10:49 A.M. WITH ALL MEMBERS OF THE CITY COMMISSION BEING PRESENT.
26. RATIFY, APPROVE, CONFIRM AND AUTHORIZE SALARY AND BENEFITS TO BE
RECEIVED BY INDEPENDENT AUDITOR GENERAL VICTOR I. IGWE.
Commissioner Sanchez: Yes, sir. It's --
Vice Chairman Teele: I want to compliment Mr. Espinosa. This is -- you certainly know how to
get --
Unidentified Speaker: To get attention.
Commissioner Sanchez: Get everybody's attention.
Commissioner Regalado: Attention.
Vice Chairman Teele: -- everybody's attention. The subject's dropped.
Joe Arriola (City Manager): Well, Mr. Commissioner, I --
Vice Chairman Teele: I predict you'll go on to great things from here.
Chairman Winton: J.C., we will give you an opportunity after you're -- you just sit for a bit, but
we're going to go through some more agenda stuff, then we'll give you an opportunity, OK. OK.
Commissioner Sanchez, your next blue page item.
Commissioner Sanchez: You skipped breakfast and you have a workload. Yes. Mr. Chairman,
I believe the first meeting of May the Commission asked me to work with the Administration to
approve the salary and benefits of the Independent Auditor General, Victor Igwe, and I believe --
Mr. Igwe.
Commissioner Gonzalez: Yeah, he's here.
Commissioner Sanchez: Oh, yes, sir, and do we have somebody from the Administration?
Through tough negotiations, Mr. Igwe, myself, and Rosalie Marks, we were able to come into an
agreement as to a recommendation to you, the Commission, and the City Manager as to what his
salaries and benefits are. I'd like to take this opportunity to say a few things about Mr. Igwe,
69 June 25, 2003
who I consider to be a true professional. Although we disagreed on certain issues, we agreed on
other issues, and that's the beauty of democracy, when we're able to sit down -- and although we
don't agree, we walk out with a handshake and a smile, but I think it's -- the agreement that we
came forth and what we're presenting you, I think it's very fair. I think it's -- when you take into
consideration that we're taking the Audit Department and putting it into the Independent Auditor
General's office, I think it's more than reasonable what we're offering him, and at this time I'd
like to have the City staff present to us the package that was agreed upon.
Ana Gonzalez -Fajardo: Good morning. My name is Ana Fajardo. I'm the deputy director of
Employee Relations. I'm here this morning on behalf of Rosalie Mark, the director. There was a
salary survey done, an extensive one, that was provided to the Commissioner, and we feel this is
a fair compensation. I'm going to go through the benefits and start with the salary. It's being
proposed, a salary, a 141,300 --
Commissioner Sanchez: Could --
Ms. Gonzalez -Fajardo: Excuse me?
Commissioner Sanchez: Could we have the other Commissioners here?
Ms. Gonzalez -Fajardo: Sure.
Commissioner Sanchez: I think it's important that they're here.
Chairman Winton: Where'd they go? Oh.
Commissioner Regalado: Where's the package? Where's the information?
Chairman Winton: Do we have the information in front of us, by the way?
Ms. Gonzalez -Fajardo: It could be provided.
Alejandro Vilarello (City Attorney): M -- 3C --
Chairman Winton: 3C.
Mr. Vilarello: -- in the blue pages.
Chairman Winton: I don't have an item C -- 3C. You have an item C3?
Commissioner Regalado: No.
Chairman Winton: C3. 3C?
Commissioner Regalado: No.
70 June 25, 2003
Chairman Winton: I don't either. I mean, I don't --
Linda Haskins (Deputy City Manager/Chief Financial Officer): We're providing copies.
Chairman Winton: Oh, it's Sanchez's -- OK, got it. Yes, we have it. It's in the --
Commissioner Sanchez: It's hidden in there in the --
Chairman Winton: Yeah. OK. It's in Commissioner Sanchez's section, Commissioner
Regalado. OK.
Ms. Gonzalez -Fajardo: And would you like me to continue now?
Chairman Winton: Yes, please.
Ms. Gonzalez -Fajardo: OK. The salary being proposed is 141,332.27. Salary increase includes
five percent for annual performance that was due 4/19, plus ten percent promotion increase. The
leave time being proposed is 38 days per year, for vacation; sick, 12 days per year; no annual pay
out; earned personal leave, two days per year, no annual pay out; holidays, 11 days; at times a
separation payment of all community, vacation, and sick leave; insurance, the executive benefit
plan; life is two times annual salary; AD&D, two times annual salary, and disability, in the event
that a disability plan is offered to other City executives, the Auditor General shall have the same
right to negotiate for a similar benefit; car allowance, $800 per month; phone allowance, $200
per month; expense allowance, reimbursement of reasonable expenses; deferred compensation,
$12,000 per year; retirement, 401a, 28.3 percent of salary, not to exceed 40,000, annually
payable biweekly; COLA (Cost of Living Allowance), same as currently being granted to
employees -- general employees of the collective bargaining agreement; severance, at time of
separation, the City Commission may consider the payment of six months compensation as
severance at its discretion. One again, this is what we're recommending based on a survey that
was done by our office.
Commissioner Sanchez: OK. This is what I'm recommending also.
Chairman Winton: So you're --
Commissioner Sanchez: You've asked me to recommend; this is what I'm putting forth.
Chairman Winton: -- submitting a motion?
Commissioner Sanchez: Yes, sir.
Chairman Winton: Motion to approve?
Vice Chairman Teele: Second.
Chairman Winton: We have a motion and a second. Do we have any discussion?
71 June 25, 2003
Vice Chairman Teele: I just --
Chairman Winton: Yes, sir.
Vice Chairman Teele: -- want to be clear on one thing. What do -- what is the vacation time
allotted to employees under the new collective bargaining agreement?
Ms. Gonzalez -Fajardo: OK. I don't have that figure in front of me, but I could get that to you
before the end of the meeting.
Chairman Winton: I'm not sure you can because the meeting is going to end very soon.
Ms. Gonzalez -Fajardo: OK. I have my collective bargaining agreement, but --
Vice Chairman Teele: Mr. Cox, do you know? Is 38 what all the other executives are getting?
Chairman Winton: That's the question.
Ms. Gonzalez -Fajardo: Yes.
Chairman Winton: Yes.
Vice Chairman Teele: Is that what the Attorney's getting?
Ms. Gonzalez -Fajardo: Well, the current one --
Alejandro Vilarello (City Attorney): I don't -- I think that's what your Manager, your City
Attorney, your City Clerk would get. It don't know what mine is specifically, but that's
approximately correct.
Vice Chairman Teele: Is that consistent with the Manager and the City Attorney and City Clerk?
Ms. Gonzalez -Fajardo: It says here, currently, there were seven day -- 27 days and rec --
Commissioner Regalado: No, no.
Ms. Gonzalez -Fajardo: OK.
Vice Chairman Teele: My question is -- this position was beneath the Manager before, so you
can't -- there is no current, per se. I mean, you know, you can say what HE currently -- the
incumbent is currently getting, but not the position.
Ms. Haskins: The 38 days is consistent with the Manager, the City Attorney, City Clerk.
72 June 25, 2003
Vice Chairman Teele: I just want to make sure that everybody is (UNINTELLIGIBLE) on a
consistent level. Thank you.
Chairman Winton: OK.
Commissioner Sanchez: We'll make sure of that.
Chairman Winton: No, no, no. Victor Igwe.
Vice Chairman Teele: Call the question.
Chairman Winton: Any further discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 03-736
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), RATIFYING, APPROVING, CONFIRMING AND
AUTHORIZING THE SALARY AND BENEFITS TO BE RECEIVED BY
INDEPENDENT AUDITOR GENERAL VICTOR I. IGWE.
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
Chairman Winton: Now we go to item number --
Victor Igwe: Commissioner, I just say a word or two. I just want to say that negotiation wasn't
that long. I was in agreement with what they offered, so --
Chairman Winton: Great.
73 June 25, 2003
Commissioner Sanchez: What?
Mr. Igwe: I said that I was in agreement with the offer that --
Chairman Winton: He is in agreement.
Mr. Igwe: -- the negotiation wasn't that long.
Commissioner Sanchez: He is not?
Chairman Winton: No, he is.
Commissioner Sanchez: Oh, oh, OK.
Chairman Winton: He is.
Commissioner Sanchez: Igwe, come on, Victor.
Commissioner Regalado: Oh, OK.
Chairman Winton: Yeah. He is.
Vice Chairman Teele: What you want to put on the record is -- this is pretty much the offer that
was presented; you accepted, pretty much.
Mr. Igwe: Yes, that's what I -- precisely, that's what I said, that the offer that was presented to
me was -- that I accepted the offer. The negotiation wasn't long and prolonged. I do accept the
offer.
Chairman Winton: OK. Thank you very much. Now, we're going to go to item number -- I
believe we haven't done item number 10.
Commissioner Sanchez: But Mr. Chairman, before we do that -- I mean, although we negotiated
the salary and benefits, I also wanted to inquire as to make sure that his department has the
adequate resource and the manpower to conduct the necessary audits because he's taken on the
biggest responsibility now. Not only is he taking on, you know, what he's done before, but -- I
mean, I want to make sure that they're adequate principal auditors and auditors -- sufficient
auditors in his department to be able to carry the workload. I don't want his department to be
another understaff, where it jeopardizes City audits, and I -- Mr. Igwe, I need -- you and I had
that discussion on that, and I need -- I think you need to put something on the record on that.
Mr. Igwe: Absolutely. We had that discussion, and Commissioner, I told you that when I came
to the City, I did a survey of other cities determining, in terms of budgeted amounts, how much -
- when the City spends one dollar, how much of that one dollar can be spent on auditing
function, and I've done those analysis, and I came up with the numbers that we need 11 budgeted
74 June 25, 2003
positions in the City of Miami. We don't need any more. We don't need any more. We don't
need any less. We have 11 budgeted positions.
Commissioner Sanchez: You have 11 budget positions right now?
Mr. Igwe: Right, right now. We just have -- we have what we need to do audits in the City. We
don't need any more. We don't need any less than that. I don't think we need, you know, 22
auditors just because we're getting other directions from the City Commission, which we usually
-- you know, we used to get in the past --
Commissioner Sanchez: Well, I just --
Mr. Igwe: -- so we have enough resources --
Commissioner Sanchez: I want to make sure that you state on the record, sir --
Mr. Igwe: Right.
Commissioner Sanchez: -- that you do have the adequate manpower to handle the City of
Miami's load on auditing process.
Mr. Igwe: Yeah. We have 11 budgeted positions that we have. It's more than adequate to do all
the audits. Thank you.
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Vice Chairman Teele: In a related motion, I would move that Commissioner Sanchez be
designated as the point for a review of the Auditor General's office, the City Attorney's office,
and the Clerk's office. Look, look, hold it, Joe, listen.
Commissioner Sanchez: Not -- Mr. Chairman, no, I won't accept that. Thank you for being so
kind, but -- thanks, but no thanks.
Chairman Winton: OK, so much for that one. OK.
75 June 25, 2003
27. INCREASE CONTRACT WITH CONSULTING ENGINEERING & SCIENCE, INC., TO
COVER COSTS FOR ADDITIONAL SERVICES REQUIRED FOR PREPARATION AND
SUBMITTAL OF ENVIRONMENTAL CORRECTIVE ACTION PLAN AND
IMPLEMENTATION OF SEDIMENT SAMPLING PROGRAM ALONG WAGNER CREEK
(WAGNER CREEK RENOVATION PROJECT, PHASE IV), $250,000; ALLOCATE FUNDS
FROM CAPITAL IMPROVEMENT PROJECT, ENTITLED "CITYWIDE LOCAL
DRAINAGE PROJECT FY' 02-06.". (See #9)
Chairman Winton: Item number 10.
Vice Chairman Teele: So moved, Mr. Chairman.
Alejandro Vilarello (City Attorney): We have a substitute item. The motion's on the substitute
item.
Vice Chairman Teele: Is the amount being changed?
Mr. Vilarello: No. It's just corrections, and there's a correction to the project account number.
Chairman Winton: OK. We have a motion, Commissioner --
Commissioner Gonzalez: I'll second --
Chairman Winton: -- Gonzalez, you'll second?
Commissioner Gonzalez: --but I just want to comment on it.
Chairman Winton: OK. We got a motion and a second.
Mr. Vilarello: Item 10.
Chairman Winton: Comment.
Mr. Vilarello: Item 10.
Commissioner Gonzalez: Yeah, I understand that there had been two meetings, and for reason of
the sunshine law, I haven't attended. These two meetings has been called by Commissioner
Teele because we -- both of us share this canal, and I heard that at the last meeting there was an
allegation made that the area that precisely was dredged is the area that is the most contaminated
area in that canal, you know, and I'm kind of concerned of what have the people that we paid the
money to do the dredging have done that they dredge this area and it's still the most polluted area
of the entire canal.
Chairman Winton: Jorge.
Commissioner Gonzalez: I mean, what are we doing?
76 June 25, 2003
Jorge Cano: Commissioner, Jorge Cano, director of Capital Improvements. That particular area
that was made reference to was dredged about seven years ago, but it was not a full dredge to
bedrock. It was two to three feet deep. This happened before the contaminants were identified.
This area is going to be part of the maintenance dredge project that had been identified for
Wagner Creek, so --
Commissioner Gonzalez: Right, but you know, Mr. Cano, one thing that I would like to -- you
know, I would like some day, some time we finish talking about Wagner Creek Canal, because I
became Commissioner in 1991 and I have been talking about this canal for two consecutive
years and Commissioner Teele has been talking about this canal for two consecutive years, and
every time that the issue is brought up, there are more comments and more issues and more --
you know, when is this finally going to be completed? I mean, when is this going to be over,
done and over? Because as been said here many, many times today, in different issues, we are
the one that get the calls. The residents of the area, they don't call you. They don't call the
consultant company. They don't call -- they call us. They call me, they call my staff, they call
my cell number, and I'm sure that, in different districts, same thing happen with my colleagues.
You know, they get all the calls. I mean, you know, when are we going to -- when is this going
to be finished? Can I -- can we have maybe -- you know, if you tell me that it's going to be done
by December of year 2004, maybe I'll accept it and I'll be happy with it, but you know, at least
I'll have a date. When is this going to be over? I mean, it's constant.
Chairman Winton: OK. Jorge.
Vice Chairman: The 12th of never.
Mr. Cano: As you know, we had a maintenance dredging plan --
Commissioner Gonzalez: It's the 12th of December.
Chairman Winton: Twelve of never, he said.
Vice Chairman Teele: Twelfth of never.
Commissioner Gonzalez: Oh, OK.
Mr. Cano: Commissioners, as you know, we have a maintenance dredging plan. I have with me
Jose Lago, who's the project manager for that, but pursuant to the findings of the dioxin
contaminants that had been temporarily put on hold as we work collaboratively with
Metropolitan Dade County, the Department of Environmental Resources Management, the
Health Department to make sure that we implement all of the dredging material handling, and
disposal --
Chairman Winton: 2007.
Mr. Cano: (UNINTELLIGIBLE) appropriate.
77 June 25, 2003
Commissioner Gonzalez: Not 4, 7.
Chairman Winton: No, no, not 4, not if you got all those agencies involved.
Commissioner Gonzalez: All right, just, please, I appreciate it if you just keep me informed
because I got four residential buildings --
Mr. Cano: Yes.
Commissioner Gonzalez: -- next to that canal, 700 families --
Mr. Cano: Right.
Commissioner Gonzalez: -- you know, so I don't know.
Chairman Winton: Yeah.
Vice Chairman Teele: I want to just correct, Mr. Attorney, one thing on the record. There is no
prohibition on you and I going to a meeting --
Commissioner Gonzalez: Oh, really.
Vice Chairman Teele: -- as long as it's publicly noticed and announced, and all of those
meetings have been publicly noticed and announced. I think, they were noticed that you would
not be there, so -- but the easy thing to do is just to notice that you will be there. If you don't
come, you don't come --
Commissioner Gonzalez: Yeah.
Chairman Winton: Absolutely.
Vice Chairman Teele: -- and you were very ably represented --
Commissioner Gonzalez: Yeah.
Vice Chairman Teele: -- by your chief of staff --
Mr. Vilarello: That --
Vice Chairman Teele: -- who stayed throughout the meeting; he didn't leave early.
Commissioner Gonzalez: OK.
Mr. Vilarello: That's correct. Notwithstanding that, because it's not a City Commission meeting,
even if you had a quorum present, you could not take any action because it wouldn't have been
78 June 25, 2003
announced as a City Commission meeting, but Commissioner Teele is correct, you -- at those
publicly announced meetings, you certainly can participate, just as if you can also go to a public
meeting of the Zoning Board or the --
Chairman Winton: Any other discussion on this item?
Commissioner Gonzalez: All right. Thank you.
Chairman Winton: If not, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-737
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, EXTENDING THE TERM OF THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND
CONSULTING ENGINEERING & SCIENCE, INC., (THE "CONSULTANT")
TO DECEMBER 31, 2003, INCREASING THE MAXIMUM
COMPENSATION PAYABLE THEREUNDER BY $250,000, AND
RATIFYING, BY 4/5THS AFFIRMATIVE VOTE, THE CITY MANAGER'S
FINDING OF AN EMERGENCY IN AUTHORIZING THE CONSULTANT TO
PERFORM THE WORK DESCRIBED IN THE WORK ORDER ATTACHED
HERETO, FOR THE PROVISION OF PROFESSIONAL ENVIRONMENTAL
SERVICES FOR WAGNER CREEK RENOVATION PROJECT, PHASE IV;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THIS
RESOLUTION; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT
PROJECT NO. 352216.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
NAYS: None.
ABSENT: Commissioner Joe Sanchez
79 June 25, 2003
Mr. Cano: Commissioner, one last comment. Right now we're waiting on permitting from the
regulatory agency. If everything goes according to plan, we should complete that by December
2004.
Commissioner Gonzalez: Good.
Chairman Winton: OK. Thank you.
28. APPOINT ROSS JIMENEZ, ANGEL ZAYON, LUIS SABINES, JR., AND MARIA
OFELIA PARAJON AS MEMBERS OF LITTLE HAVANA FESTIVAL COMMITTEE.
Chairman Winton: Item 11, Little Havana Festival Committee. We have one?
Commissioner Regalado: I have an appointment.
Chairman Winton: Oh, we are. Yes, sir.
Commissioner Regalado: Angel Zayon.
Chairman Winton: Got a --
Commissioner Gonzalez: Second.
Chairman Winton: -- motion, second. Discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 03 -73 8
A MOTION APPOINTING ANGEL ZAYON AS A MEMBER OF THE
LITTLE HAVANA FESTIVAL COMMITTEE.
80 June 25, 2003
Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Vice Chairman Teele: I reappoint Luis Sabines, Jr.
Chairman Winton: Need a second.
Commissioner Gonzalez: Second.
Chairman Winton: Got a motion, second. Discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03 -73 9
A MOTION APPOINTING LUIS SABINES, JR. AS A MEMBER OF THE
LITTLE HAVANA FESTIVAL COMMITTEE.
Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Chairman Winton: Commissioner Gonzalez.
Commissioner Gonzalez: I will renominate Maria Ofelia Parajon.
Commissioner Regalado: Second.
81 June 25, 2003
Chairman Winton: Motion, second.
Commissioner Regalado: Second.
Chairman Winton: All in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following motion was introduced by Commissioner Gonzalez, who moved for its adoption:
MOTION NO. 03-740
A MOTION APPOINTING MARIA OFELIA PARAJON AS A MEMBER OF
THE LITTLE HAVANA FESTIVAL COMMITTEE.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Chairman Winton: Commissioner Sanchez. Oh, he's not here. I will reappoint Ross Jimenez.
Vice Chairman Teele: Second.
Commissioner Gonzalez: Second.
Commissioner Regalado: Second. I'll move your appointment.
Chairman Winton: Thank you very much.
Vice Chairman Teele: Second.
Commissioner Gonzalez: Second.
Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye."
82 June 25, 2003
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Commissioner Regalado, who moved for its
adoption:
RESOLUTION NO. 03-741
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE LITTLE HAVANA
FESTIVAL COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
NAYS: None.
ABSENT: Commissioner Joe Sanchez
29. APPOINT MIGUEL DE LA O, JUDY S. CARTER, SONNY HOLTZMAN, NIESEN
KASDIN, EDDIE GARCIA AND MARLON HILL AS MEMBERS OF CHARTER REVIEW
AND REFORM COMMITTEE (See #1 & 15)
Commissioner Regalado: Chairperson's boards.
Chairman Winton: OK. We have three appointments to the Charter Review Committee, the
Mayor's three appointments to the Charter Review Committee.
Commissioner Regalado: Move it.
Chairman Winton: Would you move those three, please?
Vice Chairman Teele: Niesen Kasdin is technical advisor; Marlon Hill as a member, and Eddie
Garcia, so moved.
Commissioner Regalado: Second.
Chairman Winton: Got a motion and a second. Discussion? Being, none, all in favor, "aye."
The Commission (Collectively): Aye.
83 June 25, 2003
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-742
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS
OF THE CHARTER REVIEW AND REFORM COMMITTEE.
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
NAYS: None.
ABSENT: Commissioner Joe Sanchez
84 June 25, 2003
30. APPOINT MEMBERS OF MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -
CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES,
BOARDS, COMMITTEES AND AGENCIES: BAYFRONT PARK MANAGEMENT TRUST,
DOWNTOWN DEVELOPMENT AUTHORITY, INTERNATIONAL TRADE BOARD,
ORANGE BOWL ADVISORY BOARD, SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY, OMNI COMMUNITY REDEVELOPMENT
AGENCY, MIAMI SPORTS AND EXHIBITION AUTHORITY, COMMERCIAL SOLID
WASTE MANAGEMENT ADVISORY COMMITTEE, DADE COUNTY VISITORS
INDUSTRY, VOLUNTARY EDUCATIONAL SERVICE TRAINING TRUST, DADE
LEAGUE OF CITIES, ENTERPRISE ZONE ADVISORY COUNCIL, FLORIDA LEAGUE OF
CITIES, GREATER MIAMI CONVENTION AND VISITORS BUREAU, METRO DADE
COMMUNITY ACTION BOARD, METROPOLITAN PLANNING ORGANIZATION (MPO),
MIAMI RIVER COMMISSION, SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM, TOURISM DEVELOPMENT COUNCIL, LITTLE HAVANA FESTIVAL
COMMITTEE, MIAMI-DADE HIV/AIDS PARTNERSHIP, COCONUT GROVE SPECIAL
EVENTS AND MARKETING COMMITTEE.
Chairman Winton: What did you say, Commissioner Regalado?
Commissioner Regalado: You have -- if we can do now the chairmanship of the boards, maybe,
if you want to do that. If we -- do we have to do it, I guess.
Chairman Winton: Do you all want to do it? I mean, I don't know what to do, other than -- do
y' all have any --
Commissioner Regalado: Well --
Chairman Winton: I guess we should --
Commissioner Regalado: -- I'll move --
Chairman Winton: Do we have any suggested changes?
Commissioner Regalado: I'll move to reappoint Chairman Winton to Downtown Development
Authority.
Commissioner Gonzalez: I second.
Chairman Winton: Rather than going through each one of these, we ought to look at them; see if
we have any changes. If we don't have any changes, adopt what we've got here. If we have any
changes, do the changes, rather than walk them through with a motion on each one of them --
Commissioner Regalado: OK.
Chairman Winton: -- and I don't have any recommended changes.
85 June 25, 2003
Commissioner Regalado: Me neither.
Vice Chairman Teele: I would recommend Commissioner Gonzalez for the TDC (Tourist
Development Council), if he would like to serve.
Commissioner Gonzalez: Of the TDC, what --
Vice Chairman Teele: Tourist Development Board. That meets at the County, and it gives away
money.
Chairman Winton: Right.
Commissioner Gonzalez: I'll be happy to.
Chairman Winton: OK, so is that on here? Who's on there now?
Vice Chairman Teele: I am.
Chairman Winton: So, we have a -- we have all the board appointments, with one exception,
which substitutes Commissioner Gonzalez for Commissioner Teele on the Tourism Development
Council. We need a motion to --
Commissioner Regalado: Move it.
Commissioner Gonzalez: Second.
Chairman Winton: Oh, yeah, and also, Commissioner Gonzalez, I think we wanted to appoint
you or Commissioner Regalado to South Florida Employment and Training Consortium, which
also has a lot of money.
Vice Chairman Teele: I think Angel would be great in that, if --
Chairman Winton: Me, too, if you can --
Commissioner Regalado: Me, too.
Vice Chairman Teele: -- serve for a year.
Chairman Winton: Can you do it, Angel? Can you do it?
Commissioner Gonzalez: Yeah.
Chairman Winton: OK, so let's -- where is that one? That substitutes me -- substitute you for
me, so we'll -- we need a motion to adopt all of these, with the two modifications.
Commissioner Gonzalez: So move.
86 June 25, 2003
Commissioner Regalado: Move it.
Chairman Winton: Motion, second. Discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Commissioner Gonzalez, who moved for its
adoption:
RESOLUTION NO. 03-743
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS,
VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS,
AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS
AS DESIGNATED HEREIN.
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Commissioner Regalado: So, it remains the same, chairperson and vice chairperson are
members --
Chairman Winton: Correct.
Commissioner Regalado: -- with amendments.
Chairman Winton: Correct.
Commissioner Regalado: OK.
87 June 25, 2003
31. DIRECT MANAGER TO IMMEDIATELY BEGIN TO BROADCAST ON MIAMI
TELEVISION ALL CITY BOARD MEETINGS, WITH PRIORITY GIVEN TO HOMELAND
DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND OVERSIGHT BOARD AS IT
RELATES TO ACCESS TO CITY HALL CHAMBERS FOR ITS MEETINGS DURING
NEXT SIX MONTHS.
AFFORD OPPORTUNITY TO HOMELAND DEFENSE/NEIGHBORHOOD
IMPROVEMENT BOND OVERSIGHT BOARD (HD/NIBOB) TO MAKE SEMI-ANNUAL
PRESENTATIONS TO COMMISSION.
Chairman Winton: Item -- yes.
Vice Chairman Teele: The Oversight Board people have been waiting, and --
Chairman Winton: Yes.
Vice Chairman Teele: -- I really would like to get that in before Commissioner --
Chairman Winton: I agree, so Mr. Flanders, you're up. Welcome.
Robert Flanders: Good morning. Let me give everybody a copy.
Commissioner Regalado: Thank you.
Chairman Winton: Bob, how long will your presentation be?
Vice Chairman Teele: This is in our packet, Bob. We have this, yes.
Chairman Winton: Got another copy now.
Commissioner Regalado: I got -- before you start, Bob.
Mr. Flanders: Yes.
Commissioner Regalado: I got a question to the City Attorney. One of my appointees in the
Oversight Board, the Bond Oversight Board, although he works in the City of Miami as a police
officers, has moved from the City, from out -- to outside the city limits. Does he need a waiver,
or by working in the City, he can be -- still be there? I mean --
Alejandro Vilarello (City Attorney): Let me check the ordinance, and I'll give you an answer
right now.
Commissioner Regalado: Huh?
Mr. Vilarello: Let me take a look at the ordinance quickly, and I'll let you know.
88 June 25, 2003
Commissioner Regalado: I just want to do -- if we have to do a waiver, I'll do a waiver, because
I want to -- him to remain on the board, so --
Chairman Winton: OK. Mr. Flanders, name and address for the record, please, sir.
Mr. Flanders: Robert Flanders, 720 Palm Bay Lane, Miami, Florida. Gentlemen, the short
version of the report is the Bond Oversight Board is doing the job that you intended. Let me
state, for the record, that we share your urgency to get shovels in the ground and get these
projects completed as fast as possible. Let me also recognize that the division of this
Commission, in creating the board and your leadership and your support, has meant a lot to the
members of the board. The Mayor's support as well. Many of you have come several times to
address the board with your quality of life improvements, and your concerns to get the projects
started. At this time, we would also like to recognize the dedication of City staff, starting first
with Frank Rollason, and now, of course, Jorge Cano. I can't -- I -- we worship the ground that
Jorge walks on. He's great. He's very focused and he's on track.
Chairman Winton: Pretty heavy there, Jorge.
Mr. Flanders: No, but we are unreserved in our respect and admiration for him. Also, Danette
Perez has been there from the beginning, and she has given freely of her time. We'd also like to
thank the other City staffers from the Clerk's Office, the City Attorney's Office, and all of the
other people. Thirdly, my fellow board members, I don't think you could meet a more
committed group of people. In fact, we have actually several subcommittees. One is the Audit
Committee, which crunches the projects; make sure that they meet the CIP (Capital Improvement
Projects) requirements; make sure that the matching funds have been applied for; make sure that
they're within budget, so on and so forth, and one gentleman, who's an attorney, his partners
called him on the fact that he had spent 40 billable hours in Audit Committee meetings during
one month period; that's how dedicated these people are. We've only missed one quorum in 13
months, and we actually, for the first five months, met twice a month. In any case, I would like
to thank my fellow members for helping us to do the job that we're supposed to be doing. The
questions are all answered before you. I don't need to reiterate them. Is the board serving the
purpose? Yes, it is. Is it serving current community needs? I could tell you that the members of
the board make sure that happens. As far as our major accomplishments to date, starting with the
first three grants last year, the first was for the greenway around the Miami Circle. The second
was about a million dollars for improvements for Homeland Defense, for the Police Department,
and a like amount also for the Fire Department. Since then, we have looked at approved projects
to send to you for your consideration that are literally all over the City. Since we were a new
board, we had to define the process.
Commissioner Regalado: Excuse me, Bob.
Mr. Flanders: Yes, sir.
Commissioner Regalado: When did you send that? When did you send those projects to us, the
ones that you have approved, the ones you have disproved?
89 June 25, 2003
Mr. Flanders: Well, the first three projects -- you know, it took a while for the City to be funded
with the money, et cetera, et cetera, and the first three projects, we started in September.
Commissioner Regalado: No, I understand, but I haven't received anything from --
Chairman Winton: Nothing to spend the money.
Commissioner Regalado: -- the board.
Mr. Flanders: Sir, I don't know how that's been overlooked because we actually asked, very
early on, that a report of our minutes --
Commissioner Regalado: That's why.
Mr. Flanders: -- bullet points, a single sheet, be sent to every single Commissioner, the Mayor's
Office, the City Manager's Office.
Commissioner Regalado: We haven't received it. I haven't received it because I read
everything, and that was my suggestion; that every time that you have a meeting, we get a report
of what you discuss in the meeting, because, you know, I've gone before the board. You know, I
went before the board because I think it -- this is a critical moment and a critical board, but I
would like to know what you guys discuss. You know what I mean? But I haven't received it.
Mr. Flanders: Commissioner, I don't know how that's possible, but we'll find out real fast.
Chairman Winton: Not only finding out, but make sure it's cured, and if you need our help in
curing it, let us know. Call my office, Bob.
Mr. Flanders: Right. Thank you very much. As far as defining the process, again, we weren't
stepping into anyone's shoes. We invented a form, a tracking form, and that tracking form, we
will be happy to make available to you, as well as the report that is supposed to be sent every
month. In any case, we have a second form, which is a monthly tracking form, which shows you
every single project, and I'll be glad to make sure that you have a copy of it. Actually, Jorge
Cano and his staff developed this in answer to a request. It literally has the total amount of bond
funds, the total appropriated, the encumbered funds, et cetera, et cetera, so it's all there in black
and white.
Chairman Winton: We would love to see that.
Mr. Flanders: OK. As you said, Commissioner Winton, what we're doing here is hundred year
stuff. It'll far outlive us. We understand that if we do our job, that we have helped you to return
integrity to the process and trust to the City, and the City's ability to raise funds to address the
other unmet capital needs. In addition to oversight and monitoring the projects as they get built,
our mission is to build the trust so that as the City's bonding ability grows in the future, we can
return to the well and to continue to rebuild the City. If you have any questions, I'll be glad to --
90 June 25, 2003
Chairman Winton: Well, Bob, it seems to me -- and this is -- Commissioner Regalado would
probably suggest this, but Commissioner Regalado, wouldn't it make sense if that schedule he
has that shows all the projects that they've allocated money for -- and I don't -- I want to ask
how much that is -- but wouldn't it make sense if our Communications Department routinely put
that information out, in the form of a news release to the public, so the public would start -- if
any of the media people wanted to carry it, would start seeing the activity here? I mean, would
that make sense?
Commissioner Regalado: I mean, to me, what it doesn't make sense is that this board meeting is
held in the COW room and not here, and not broadcast on live TV. You know why? Because --
Chairman Winton: I agree.
Commissioner Regalado: -- 50 percent of the selling of the bonds that we did to the people of
Miami was that we were going to have a Citizens Oversight Board, which is what the County
used then to sell the half a penny, and we have not ever publicized, nor we have told the
residents of Miami, that this board ever meets, and I think that we need to have this board live on
TV. We need to have the discussions live on TV. We need to have the public understand. We
need to have the public invited here, because you all need to have input from residents, because
you know, trust is what we depend on to advance any issue with the voters of Miami, and some
day somebody is going to ask "Whatever happened to that board, you know," and we're going to
tell you, oh, they meet all the time, and this attorney spend 40 billable hours, but they don't know
about it, and that is my problem. I think that this board has to go live on TV. If there is another
board meeting here, well, they have to just move the date around. That's all.
Chairman Winton: The --
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Could I ask one question? Madam Manager, does the Communications
Department work for the Manager's Office?
Vice Chairman Teele: Absolutely.
Linda Haskins (Chief Financial Officer): Yes.
Chairman Winton: I just wanted to make -- OK --
Commissioner Regalado: Yes, sir.
Chairman Winton: -- but where -- I can tell you -- I can't tell you how many complaints I get
also about how our Communications Department is working, about what gets shown on Net -9
and what doesn't get shown on Net -9, and its repetitive playing of the same stuff over and over
again, and the fact that it misses a bunch of our committee meetings that are important to the
public, and I'm also amazed at how the public really watches this stuff. They do watch it. It
shocks me. I don't understand, you know, but they do, and so we need to get all of this stuff
91 June 25, 2003
that's the public's business on Net -9, and so I hope that the Manager will reevaluate how that
whole system is working, and our communication and press releases to media and things, in
terms of what we're doing, and what gets on Net -9. I mean, that's a really crucial element, so --
Commissioner Regalado: Mr. Chairman --
Vice Chairman Teele: Mr. Chairman --
Commissioner Regalado: -- if I may.
Vice Chairman Teele: -- let's don't debate this --
Chairman Winton: I agree.
Commissioner Regalado: No, but --
Vice Chairman Teele: -- but we all are in agreement. Commissioner Regalado, make the
motion; I'll second it --
Commissioner Regalado: I was going to make --
Vice Chairman Teele: -- and that's the best --
Commissioner Regalado: I was going to make a motion to have --
Vice Chairman Teele: -- that --
Chairman Winton: Sorry.
Commissioner Regalado: -- that direct the Administration to broadcast.
Vice Chairman Teele: Priority, as a priority.
Commissioner Regalado: It's starting the next meeting, broadcast -- no excuses -- to broadcast
on Miami TV, or Net -9, whatever it's called --
Chairman Winton: We have a motion --
Commissioner Regalado: -- all the boards' meetings --
Vice Chairman Teele: As a priority --
Commissioner Regalado: -- as a priority --
Vice Chairman Teele: -- and further --
92 June 25, 2003
Commissioner Regalado: -- of the (UNINTELLIGIBLE).
Vice Chairman Teele: -- that the Homeland Security have priority for access for the chambers
for the purpose of broadcasting for the next six months.
Commissioner Gonzalez: Second.
Chairman Winton: Motion and second. Discussion. Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 03-744
A MOTION DIRECTING THE CITY MANAGER TO IMMEDIATELY BEGIN
TO BROADCAST ON MIAMI TELEVISION ALL CITY OF MIAMI BOARD
MEETINGS, WITH A PRIORITY GIVEN TO THE HOMELAND
DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND OVERSIGHT
BOARD AS IT RELATES TO ACCESS TO CITY HALL CHAMBERS FOR
ITS MEETINGS DURING THE NEXT SIX MONTHS.
Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Vice Chairman Teele: I am one hundred percent in agreement with everything that Tomas
Regalado has said. I'm also in total agreement with the report under Question 3, and where it
says that the board recognizes that, quote, "communication is king," and there -- close quote --
and therefore, all methods of effectively communicating and with proficient technical assistance
of staff, et cetera, and website and all those things, and I really think the Clerk's Office and --
93 June 25, 2003
ought to get involved in this, as well, and our technology implementation, et cetera. I think
there's a hundred things we can do, but I want to go to a core point, Mr. Attorney, because I have
been in government long enough to know when something is about to jump the track. Now, this
board is very close to jumping the track, Mr. Attorney. I don't want to frustrate the board, but I
want the board -- if the board is going to move in the direction they're doing, I don't want this to
be done through subterfuge; I want it to be done by ordinance. Number one, this is an oversight
board. This board does not direct or approve grants, per se. What they do is they review them
and provide us with their advice or not. This terminology about the grants, et cetera, et cetera, et
cetera, and I'll tell you what really disturbs me and frightens me is this concept that
Commissioners are sending up projects. How is this thing framed in here? But before I get to
that, the broader question -- and let me just tell you, Mr. Attorney, where this board is way off
track. We approved a $255 million bond issue. We provided an oversight board over the $255
million bond issue. We did not provide a committee, to my knowledge -- and I could be
convinced to do it, but we have not created a committee -- Jorge, you better listen to me, sir -- for
a $1.5 million oversight over the capital projects. If you read this, every sentence in here, every
sentence, is that this board believes that they're providing oversight over the capital
improvement plan. Just read every sentence in here. Has the CIP and its budget been approved
by the CIP department and gotten the approval? Will CIP be purchased, implemented, or
constructed within the timeframes that the BOB (Bond Oversight Board) has established? Now,
what does that say? That the capital improvement program has got to meet a timeline for the
board oversight committee, which is well beyond either the original authority in terms of
jurisdiction over subject matter and jurisdiction over process, and I'm all for coming back in and
rewriting this thing, if there is a consensus, but to my knowledge, we did not give them the
approval over the capital improvement program and the two -- and the $1.5 million of unmet
needs, which we all agree is there. Now, if I were on the board, I would sort of make some of
the arguments that they're making. Well, look, we can't do our job effectively if we don't see
what else is going on, and what else is being done, and -- but that's -- that really begins the
extension of the argument. The real issue, in my judgment is, number one, are the projects that
have been approved by the Commission and the management, are those projects moving? That
was where the School Board process broke down. It's not like going out here looking for new
jurisdictions and new areas, and then, let's face it, folks, the $25 million quality of life, which
was $5 million per district, is for projects within those districts for which the Commission has
the jurisdiction, not the BOB, and the BOB can't substitute their judgment for Commission;
otherwise, you know, we've got a problem with who's in charge here. They either are a creation
of this board or this Commission or not. Having said that, I think there are some very legitimate
issues in terms of meeting the public expectation, of addressing problems, et cetera. I said
yesterday -- Bob, just so you know -- is that I want to make money available to the Oversight
Board, to your board for the purpose of information. Didn't I make a motion yesterday that got
approved to use -- to redirect community development dollars that are not spent for this year, for
the purpose of going out and doing pamphlets, et cetera, because you don't have resources? So, I
don't want you to take my comments as being adversarial. My comments, I want you to hear,
are: I believe that we need to give you all more resources; you all need a public relations budget,
a printing budget. You need to be in a position -- and I think if you do a good job of the first
steps -- if you all want to get into capital improvements, you know, be my guest. I don't have a
problem with it. I'll support it. I'll support it legislatively, but what I'm not going to do, Bob, is
allow, through the creeping process, for you all to take jurisdiction as this memo clearly states
94 June 25, 2003
and clearly establishes, you know, that you all want to review the capital improvement program,
and line items, and the following year, and cost, and maintenance, et cetera. I just think, you
know, we're racing down a road that we've got a lot of basic things to do. I want your support in
pushing the staff to --
Chairman Winton: Perform.
Vice Chairman Teele: -- perform. Look, you know how many pieces of land we've closed on
Little Haiti?
Mr. Flanders: Yes, sir, I do.
Vice Chairman Teele: For the park?
Mr. Flanders: Yes, sir.
Vice Chairman Teele: How many?
Mr. Flanders: Seven.
Vice Chairman Teele: Not a one. Not a one.
Mr. Flanders: Well, that's what we've sent to you.
Vice Chairman Teele: We haven't -- see, that's the point. The point ain't what you do; the point
is what the management does. The management hasn't -- I asked the question yesterday. If I'm
wrong, Mr. Carswell is wrong. Mr. Carswell, didn't I ask you that question yesterday?
Unidentified Speaker: The Law Department --
Vice Chairman Teele: I know the Law Department's got some foreclose -- how many have been
closed?
Keith Carswell (Director, Economic Development): None --
Vice Chairman Teele: Zero.
Mr. Carswell: (UNINTELLIGIBLE) closing --
Chairman Winton: But --
Mr. Carswell: -- but (UNINTELLIGIBLE) -- with the time --
Chairman Winton: (UNINTELLIGIBLE) part in place.
Vice Chairman Teele: Your name for the record. Don't faint.
95 June 25, 2003
Mr. Carswell: OK. Keith Carswell, director for Department of Economic Development. We've
actually taken to the Commission. We've executed contract --
Vice Chairman Teele: What's the question? Answer the question, then explain.
Mr. Carswell: We haven't closed. We're in the process of closing. They go to the -- they've
been assigned to the attorney.
Vice Chairman Teele: And, Bob, you know what the point I'm trying to make is? You all ought
to go out there and look at what has happened to property values, because you know what has
happened with this $25 million? That $25 million, three years ago today, is about $17 million,
and you all are in a better position to go out there with no agenda and say, look, if the
Commission voted to put a parks program together, if the voters approved it, you all are not there
to determine whether that was a good decision or a bad decision, but to help get the information
out there. Bob, if you go out there and do a study, if you go to the City staff, get the appraisers
and go look at specific properties, and you come back and say that here's a piece of land that has
doubled in value from 2003, and by extrapolation, if you look at this whole thing, I'm telling
you, the $25 million, that's going to wind up being the biggest waste of money, is the failure of
the City to move aggressively on that program because 25 million ain't going to be 25 million in
those dollars. All that I'm saying, Bob, is I one hundred percent support it. I want to get you
more money. I want to get you more resources, but if you all want to change the jurisdiction of
the committee, I think you all ought to sit down and work that first through the City Attorney and
through your appointee -- the chairman of the Commission, and I'm willing to do that. I mean,
I'm willing to consider that.
Mr. Flanders: Sir, if I may be allowed to have a point of clarification here. A, we only consider
projects that are brought to us by the Department of CIP. We are not expanding our role, and
actually those projects that we look at, the first question we ask, is this: what was sold to the
voters and is this what they voted on? So, we are -- A, we have enough work to do; we're not
expanding our role to be in charge of the unmet capital needs of the City of Miami, which total
about a billion and a half, according to City staff. Number two, we do have a communications
committee. We do have a website. We got one within three months, which is faster than any
other City department did, and in fact, people actually came to me and said, "How the heck did
you do that? And I said, well, communication is king. We figured the same thing that you did,
Commissioner, and that is, if you get the word out, the voters are going to know that we're doing
something, and they're going to trust us to continue to do it. All right, we do have a meeting
coming up of that committee. It's chaired by Jami Reyes. Ringo Cayard and Walter Harvey
have agreed to serve on that committee. What is the point of that committee? It's to enlarge
upon the website, and it is specifically targeting, sir, Little Haiti Park, because we see that
project, if I may use your words, as about to go off the track. As a member of the Parks
Advisory Board, I think, you know, and all of us know that the most underserved, you know,
place is Little Haiti, as far as parks go, so we -- you know, we're very desirous of seeing that
project move forward. We do have an excellent City Attorney, Rafael Diaz, and if we start to go
off the track, he sits there and he tells us, "Hey, wait a minute. You can't do that." This -- and
we say thanks. Thanks for keeping us on focus, so if you think we have, I'll be glad to sit down
96 June 25, 2003
with you, Commissioner, and -- perhaps, my nomenclature wasn't up to your standards, but I'll
be glad to discuss what we see as our role. Our role is narrowly defined by the ordinance.
Vice Chairman Teele: On the other hand, let me just say something totally inconsistent what you
said. You don't need to wait for the City staff to refer a project to you, in my opinion. The 255
bond issue and those specified projects -- you know, it sounds like I'm going back and forth
now. The 255, as far as I'm concerned, we gave you oversight over. If you sit back and wait for
the City staff or the City Commission to refer a project to you specifically, I think, you know,
you could very well miss the problem. The real issue in my mind is the 255 and those earmarked
projects. Now, there're going to be some broad categories in there, like the $5 million for this, or
the FEC (Florida East Coast) corridor, you know, something like that, where it may be some
room for discussion, but you all have got to take jurisdiction over the full $255 million. Every
park that is in there -- and it's probably in what, forty -some parks in there? How many parks are
listed in the bond issue? Sixty -some parks. Every park in there, whether the City has moved it
forward or not, Bob, in my opinion, is on your plate, and you all need to be asking what's the
status of those. Don't wait until we send them to you. That's all that I'm saying, so, I mean, I
respect what you're saying, and I want you to know that I voted yesterday to give you all
resources or propose to give you resources, unused community development dollars in the public
service area, particularly targeted for brochures, et cetera, and I said for the Homeland Security
and the Parks Department because you all need more resources.
Mr. Flanders: Well, we accept them gratefully. The subject of meeting in this chamber did
come up, quite frankly, and going live. However, there were several board members who did not
want, specifically, to be identified on TV. The strongest opponent has actually been -- just been
replaced on the board to that idea. I will tell you, I do think that the other members agree that it -
- we need all the publicity we can get. We need to be able to go back to the well.
Chairman Winton: Agreed.
Mr. Flanders: If you look at the bond, it's 255. With the other funds that are there, it totals
almost 600 million. That is one/third of what this City needs.
Chairman Winton: Right.
Mr. Flanders: I mean, if you look at the City's projects, it's a catalog of unmet capital needs,
deferred maintenance, so we're critically aware, and we share, again, I say to you, like you -- and
by the way, gentlemen, we realize that you do this for very little money, and we don't do it for
any money. We do it because, like you, we love our City.
Chairman Winton: OK. Bob, thank you very much. Any other comments or questions for Mr.
Flanders?
Commissioner Sanchez: No. I --
Vice Chairman Teele: Mr. Chairman.
97 June 25, 2003
Chairman Winton: Yes, sir.
Commissioner Sanchez: -- I've had the honor to go in front of their board twice --
Mr. Flanders: Yes.
Commissioner Sanchez: -- on some of my CIP projects, and it has been refreshing and
rewarding to know that they are looking after the taxpayers, and especially looking out for the
best interest of those $255 million bonds, because the projects that I -- that have been brought in
front of them that I have gone, I have been drilled with very good questions, and it's just been a
pleasure to go in front of you guys on my projects, and hopefully, we'll get them done quick.
Mr. Flanders: Thank you, Commissioner, and in fact, may I reiterate? We invite all the
Commissioners, and if I may, Commissioner Gonzalez, bring your projects forward to us; we
haven't seen them yet, and we know you're working on them. Bring them forward so that we
can get them rolling.
Chairman Winton: Commissioner --
Mr. Flanders: In fact, I'd --
Chairman Winton: -- Teele.
Mr. Flanders: -- like to sit down with you, if I may, next week and review that and -- so we can
get that process started.
Chairman Winton: Commissioner Teele.
Vice Chairman Teele: Mr. Chairman, I move that the Bond Oversight Committee be afforded
the opportunity to make semi-annual presentation at -- on dates as determined by the board [SIC]
oversight committee to the Commission. I would so move.
Commissioner Gonzalez: Second.
Chairman Winton: Got a motion and a second. Discussion. Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
98 June 25, 2003
The following motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-745
A MOTION TO AFFORD THE OPPORTUNITY TO THE HOMELAND
DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND OVERSIGHT
BOARD (HD/NIBOB) TO MAKE SEMI-ANNUAL PRESENTATIONS TO
THE CITY COMMISSION ON DATES TO BE DETERMINED BY THE
HD/NIBOB BOARD.
Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Chairman Winton: You know, in that --
Mr. Flanders: Thank you, gentlemen.
Chairman Winton: Thank you, Mr. Flanders. In that regard, Madam Manager, are we analyzing
the point at which we may be able to go out for the second tranche?
Ms. Haskins (Deputy City Manager): Yes, sir, we are, and we anticipate that we'd be able to do
something potentially next year. Once we get -- we did come in with higher taxable value this
year than anticipated, but it's not giving us enough of a kick to be able to go out with additional
bonds in an efficient basis, but if we have this same sort of rate of increase next year over and
above what was originally --
Chairman Winton: You mean the year that's coming up?
Ms. Haskins: Yes.
Chairman Winton: OK.
Ms. Haskins: Talking about for 2000 and -- fiscal 2004, we don't anticipate. We -- potentially,
2005, but that is something that we are looking at.
Chairman Winton: That's awful because interest rates aren't going to be the same 18 months
from now.
99 June 25, 2003
Ms. Haskins: That is one of the reasons that we have the swap one-on-one discussion is what --
we're exploring different ways to be able to look at forward, starting swap, that sort of thing to be
able to hedge, effectively, future risk issues of debt.
Chairman Winton: All right.
Vice Chairman Teele: Mr. Manager -- Madam Man -- Madam -- Mr. Chairman, when you all
get time, would you give me a memo on how much money has been outlaid for the -- from the
255?
Ms. Haskins: Yes, sir.
Chairman Winton: Thank you.
32. INSTRUCT MANAGER TO PURSUE BROWNFIELD ECONOMIC DEVELOPMENT
INITIATIVE (BEDI) GRANT, $1.5 MILLION, FOR PURPOSE OF BUILDING PUBLIC
PARKING GARAGE IN ALLAPATTAH; MANAGER TO PREPARE NECESSARY
ACCOMPANYING DOCUMENTS, INCLUDING PUBLIC NOTICE PROVISION OF
SECTION 108 LOAN, $3,000,000; SCHEDULE SPECIAL CITY COMMISSION MEETING
FOR TUESDAY, JULY 15, 2003 TO CONSIDER THIS MATTER; DIRECT
ADMINISTRATION TO WORK WITH GOODWILL INDUSTRIES OF SOUTH FLORIDA
REPRESENTATIVE IN ORDER TO EXPLORE OTHER SOURCES OF FINANCIAL
SUPPORT, AND TO REQUEST COMMUNITY REDEVELOPMENT AGENCY (CRA) TO
PROVIDE SERVICES OF ITS CONSULTANT FOR STRUCTURE AND CAPACITY OF
THIS ISSUE, AT A COST TO CRA.
Chairman Winton: I think we go to pocket items. Commissioner Gonzalez, would you like to
start?
Commissioner Gonzalez: Yes, sir. I have a pocket item, but before I introduce my pocket item,
Mr. Chairman, if you allow me, we have with us here today Mr. Dennis Pastrana, who's the
executive director of Goodwill Industries, and I would appreciate it if you could give him three
minutes so he can do a presentation.
Chairman Winton: I'm sorry. Yes, sir. Welcome.
Dennis Pastrana: My name is Dennis Pastrana, 2121 Northwest 21st Street, Miami. I am the
president and chief executive officer of Goodwill Industries, and I would like to give you a very
quick overview of what we have in mind. Our organization, the mission is to help people with
disabilities, and people who have special needs. We operate almost as a self-supporting
organization because 93 to 94 percent of our budget is supported from entrepreneurial activities.
We are providing you a copy of our annual report, and if you review that. Keep in mind that 85
percent of the services and the people who are benefit from our program are from the City of
Miami. We relocated to the Allapattah area in the year 1979. We bought a Post Office building
that had been abandoned by the government for about five years. We started with about 185
100 June 25, 2003
employees, and today Goodwill Industries employ about 1,300 individuals, most of them in the
Allapattah area. We operate our program by operating many entrepreneurial activities, most of
which involve manufacturing for the Department of Defense. We make military clothing in
fairly large quantities, and in fact, we make the (UNINTELLIGIBLE) flag of the United States.
The flags that you have flying behind you were made by Goodwill Industries, and as a result of
that, we provide employment to people with disabilities; that then we eventually will help them
become competitively employed in the local labor market. We have a plan to create another 400
jobs in the Allapattah area, and this is a plan that it will take three to four years to implement,
and mostly, it will be by developing a company to manufacture flags in very large quantities by
allowing or by attracting more Department of Defense contracts into the area. To make this plan
work, Goodwill Industry have already taken some steps. We have purchased a company for $2.6
million that actually do the embroidery of the U.S. flag that you have behind you; that we also
bought a company that specialize in custom-made flag in embroidery and in certain things. As a
result of those two companies, plus our manufacturing capability, we will be able to eventually
launch a fairly large company to make flags and to compete nationally. In fact, we are working
now on a bid to see if we can get the contract to manufacture the flag for the United States of
America Congress, and we hope that we're going to submit that bid in about four or five weeks
for now, so we have taken some step. We have bought a company for $2.6 million; one of them
is in Broward County. We have about $5 million that we are going to be investing to expand our
facility by 40,000 square feet. This expansion, plus equipment we are going to buy, is going to
cost about five million; $2.5 million is money that Goodwill Industry is contributing; another
$2.5 million is a grant from the U.S. Department of Commerce, Economic Development
Administration, and then in addition to that, we are going to be receiving a $2 million
Congressional appropriation that we are going to be utilizing to develop super store, to develop
additional equipment purchases; all of those part of money that either Goodwill is contributing or
that we are attracting; three percent of about $10.4 million that we already are committed to
bring into the plan. Now, Commissioner Gonzalez have been discussing with Goodwill Industry
the need in Allapattah, and there is a desperate need for parking in the area. The area have really
developed. We believe that Goodwill Industry have a great deal to do with that development
because many years ago, when we started there, the area was very empty, unoccupied, so the
area could benefit from a parking lot, not only to make our plan possible, but to improve the
conditions in the Allapattah area, so we are here to appeal to you for your support in, you know,
authorizing us to apply for a HUD (Department of Housing and Urban Development) Section
108 loan application of $3 million that would go to the City of Miami Parking Authority -- it will
not to Goodwill Industries -- for the purposes of developing a -- the parking garage. We are also
-- if we are able to do this, we will be able to attract what is called a BEDI (Brownfield
Economic Development Initiative) grant. A BEDI grant can only be done in connection with a
Section 108 and also with a -- you know, the creation of job that we have planned for about $1.5
million; that one-half would go to the parking authority; one-half would go to Goodwill
Industries working capital, and we are offering to actually do all of the work in applying for the
grant. We have a grant writer that we are funding. The Parking Authority will be funding, you
know, part of the grant for, you know, the cost of actually applying for this grant. We have a
problem, and it's that we have until June 16 to do this. This is the deadline date. If we don't do it
by June 16, the opportunity will be lost. Also, we have rely on information that seem to indicate
that --
101 June 25, 2003
Chairman Winton: What's the date?
Mr. Pastrana: June 16.
Chairman Winton: What's today's date?
Commissioner Gonzalez: We will have to -- we --
Mr. Pastrana: I'm sorry. July 16.
Commissioner Gonzalez: Thank you.
Mr. Pastrana: I apologize.
Commissioner Gonzalez: Thank you, Mr. Pastrana.
Chairman Winton: Well, see, I'm a little confused here.
Mr. Pastrana: July 16. I --
Chairman Winton: OK.
Mr. Pastrana: -- so we have until July 16. Now, we have reliable information from the federal
government that the BEDI grant that we are looking for may not be available in the future, so in
other words, if we do not go for the $1.5 million BEDI grant in connection with the Section 108,
it may be lost, so that is the essence of our presentation. We are asking for your support of this
effort so we can create jobs, we can create parking and economic development in the Allapattah
area, and I'd like to call to your attention that Goodwill Industry have a track record of doing this
type of plan --
Chairman Winton: We understand.
Mr. Pastrana: -- and have been very successful.
Chairman Winton: Thank you.
Mr. Pastrana: Thank you.
Chairman Winton: Commissioner Gonzalez.
Commissioner Gonzalez: Yes. Commissioners, today we have a tremendous opportunity to take
the first step to help a great organization, which is Goodwill. We also have -- has helped
thousand of low-income and handicap individuals become self-sufficient, and at the same time, if
this -- if we are able to achieve this project, we are going to be solving a huge problem on the
commercial area in Allapattah, specifically, 20th Street, 21st Street, and 21st Terrace, which is
expanding; 20th Street Is already expanding inside 21st Terrace and 21st Street. The biggest
102 June 25, 2003
problem -- and you always talk about this, Commissioner Teele, and you have been a thousand
percent correct -- that if we don't have parking, business do not succeed. You can open the best
business of the world, with the best type of merchandise, and the best prices; if you don't have
parking or accessibility, the business is going to go down. I've been for years and years, not now
that I'm a Commissioner, for years, when I worked for the Allapattah Business Development and
also for the Chamber of Commerce, I had become crazy looking for land to build a parking lot.
Right now we have the opportunity that Goodwill is willing to lease their land -- they're
providing the land, and they're going to lease the land for -- and correct me if I'm wrong -- a
dollar a year for 99 years, OK, so they're putting up the land --
Chairman Winton: That's a great partnership.
Commissioner Gonzalez: -- and also they will be putting up some money to build a factory, to
build more stores, which will provide an additional 400 jobs, and more economic development to
the City, and at the same time, give us a facility to build about 500 parking spaces that will solve
the problem of parking in the commercial area in Allapattah. The problem is that, as it was said
here, the application has to be in Washington by July 16, so what we will need to do is to call a
special meeting of the City Commission so we can advertise because this has to be publicly
advertised, have to have a public hearing, and then work on the approval of the application of the
BEDI grant and the 108 loan in order to move this project ahead.
Chairman Winton: Has the Administration seen this request, at all, before this, Commissioner
Gonzalez?
Linda Haskins (Deputy City Manager): There was a discussion, I believe, yesterday or Friday --
it was Friday. We have asked for information relating to the details of the proposal, and I think
the first time we got some thing in to talk about -- look at the details of the proposal, it was
yesterday afternoon; is that right? We're also looking at making sure that there is 108 capacity.
Chairman Winton: Right.
Ms. Haskins: there is -- we have competing interest here. We have a policy issue here.
Commissioner Teele is certainly -- with the potential commitments to the CRA (Community
Redevelopment Agency) or commitments to the CRA for 108 availability, so that's something
that needs to be balanced on all of this.
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir, Commissioner Teele -- Vice Chairman Teele.
Vice Chairman Teele: If I could frame the motion, I'd rather discuss something than just
theoretically discuss it, and maybe Commissioner Gonzalez would second -- would make the
motion, but let me just frame it, or the City Attorney can, but it would be to instruct the
Administration to work on the BEDI grant in the amount of 1.5 million, and further to instruct
the Administration to work on the accompanying documents, including the public notice
103 June 25, 2003
provision of the 108 loan application in the amount of $3 million with a public hearing to be held
on Tuesday, July 14, at --
Chairman Winton: July 15.
Vice Chairman Teele: Tuesday --
Chairman Winton: Monday's the 14th.
Vice Chairman Teele: What's the deadline?
Chairman Winton: What's the deadline?
Commissioner Gonzalez: The deadline is the 16th.
Mr. Pastrana: July 16.
Vice Chairman Teele: On Tuesday, July 15, at, say, 10 p.m. — 10 a.m. If that motion -- I'd rather
debate --
Commissioner Gonzalez: Yes, sir.
Vice Chairman Teele: -- something that's on the table than have --
Commissioner Gonzalez: That's correct, that's my motion, so I'm -- I move.
Vice Chairman Teele: And I'll second it for discussion.
Commissioner Sanchez: With --
Chairman Winton: We have a motion and a --
Commissioner Sanchez: With your amendment, Commissioner Teele.
Vice Chairman Teele: Yeah. I --
Commissioner Sanchez: you amended his --
Vice Chairman Teele: -- framed the motion; he's making it.
Commissioner Sanchez: Right, OK.
Commissioner Gonzalez: Right.
Chairman Winton: He framed the motion then.
104 June 25, 2003
Commissioner Sanchez: The public hearing will be held when, July 15?
Chairman Winton: Fifteenth, at 10 a.m. --
Commissioner Gonzalez: July 15.
Vice Chairman Teele: At 10 a.m. It'll be a special Commission meeting.
Chairman Winton: -- so we have a motion and a second. Discussion?
Vice Chairman Teele: For discussion. Mr. Chairman, let me say this. I have been totally
concerned about the way 108s have been used. They're used primarily by the corporations with
the lawyers, the lobbyists, the Guccis, and you know, and what happened, you know -- the Parrot
Jungle thing is a classic example. The County's taking the credit; everything's going to the
County, but at the end of the day, the bills are going to get passed over to us, and it's going to be
on our 108 capacity. We had a discussion about 108 capacity, and we've never gotten a revised,
revised, revised memo as to what that capacity is. I would -- speaking on behalf of the -- as
Chairman of the CRA, but not on behalf of the CRA, but as chair, there is no question that this
grant will do more for this City than anything that we can talk about doing. It is an area that
serves the entire community. It serves, disproportionately, disadvantaged people and disabled
people. I mean, I would do anything for you to move your project into the district that I
represent because truly -- I mean, if there is a 108 kind of situation, this is it, you know, and there
is nothing that the CRA, with all due respect -- and I mean, we'll have to work through that,
those commitments that have been made, and I appreciate the staff acknowledging that -- there's
nothing that could trump this kind of commitment in terms of the number of jobs, in terms of the
national visibility, in terms of, again, trying to work to make Miami the capital of the hemisphere
with flags. One thing y'all ought to do is start looking at flags of every country in this
hemisphere and getting the models, and being able to did that and do that, because you're going
to have the hemispheric conference --
Commissioner Gonzalez: Right.
Vice Chairman Teele: -- people here in September, I guess, Commissioner Winton --
Commissioner Gonzalez: November, I believe.
Chairman Winton: Yeah, November.
Vice Chairman Teele: -- in November, and you ought to be able to give all those people -- you
probably could get contracts for the Venezuelan Government, somebody that'll be bigger than
U.S. government, but that's neither here nor there. I am so encouraged by what Goodwill is
doing, but more importantly, parking is the Achilles heel to all of the poor neighborhoods, and I
commend Commissioner Gonzalez for dealing with this issue. I would only say this. I think the
BEDI grant 108 is one of several options, and I'm prepared to support the Administration in
looking at other options that may even be better, because I'll say this to you. I see no reason at
all why parking infrastructure can not be an eligible activity under the transit -- under the one -
105 June 25, 2003
cent transportation for both revolving loans and grant activity. It's just something for the
Administration to think about.
Mr. Pastrana: Mr. Commissioner, let me make an observation with your permission. I'd like you
to know that while we are in Allapattah, the population that we serve come from within a three-
mile radius. I have a list here with over 2,800 individuals that we serve from the City of Miami
last year. We have their names, zip Codes. I wish you to see the disabilities that they have.
Ninety-eight percent of these individuals are below the poverty level. This is a --
Chairman Winton: We all agree. OK, so we have a motion. I'm looking at my calendar.
Vice Chairman Teele: You want to change the date?
Chairman Winton: I would like to change the time. I would rather do the time at 9 a.m., as
opposed to 10.
Vice Chairman Teele: 9 a.m. is perfect.
Chairman Winton: So, could -- so, we could --
Vice Chairman Teele: I accept.
Chairman Winton: -- maker of the motion change --
Commissioner Gonzalez: Yeah, I accept the --
Vice Chairman Teele: I accept --
Commissioner Gonzalez: -- amendment.
Chairman Winton: OK, so we have a --
Vice Chairman Teele: Commissioner Sanchez, are you all right with the 9 a.m.?
Commissioner Gonzalez: 9 a.m.
Chairman Winton: 9 a.m. instead of 10. 9 a.m.
Commissioner Gonzalez: Mr. Chairman, to make the record correct, it was asked if we had had
met with the Administration, and yes, in fact, we did. We had -- I wanted to make sure that
everything was in order before this was brought up to the Commission, and we met with the City
Manager. We met with you in my conference room. We met at -- with Goodwill two or three
times, so this is a series of meetings that I've been conducting --
Chairman Winton: That had been ongoing.
106 June 25, 2003
Commissioner Gonzalez: -- for the last three or four months, OK, but fine -- it was finalized last
week on my conference room.
Chairman Winton: OK.
Commissioner Gonzalez: So --
Chairman Winton: We have a modified motion and a second. Any other discussion?
Vice Chairman Teele: One other amendment. This will help, I think, Commissioner Gonzalez
and the Administration. I would also amend to -- for the Administration to request of the CRA
that their consultant be brought in on the structuring of this and the capacity issue, at the CRA's
cost, because obviously, you're right in making that policy issue, but we did hire a consultant --
Chairman Winton: And they are an expert.
Vice Chairman Teele: -- of the national --
Chairman Winton: Right.
Commissioner Gonzalez: Right.
Vice Chairman Teele: -- etcetera, et cetera, etcetera.
Commissioner Gonzalez: I accept the --
Chairman Winton: OK, so we have --
Commissioner Gonzalez: -- amendment.
Chairman Winton: -- a -- the second modification to the motion. Any further discussion? Being
none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
107 June 25, 2003
The following motion was introduced by Commissioner Gonzalez, who moved for its adoption:
MOTION NO. 03-746
A MOTION INSTRUCTING THE CITY MANAGER TO PURSUE A
BROWNFIELD ECONOMIC DEVELOPMENT INITIATIVE (BEDI)
GRANT IN THE AMOUNT OF $1.5 MILLION FOR THE PURPOSE OF
BUILDING A PUBLIC PARKING GARAGE IN ALLAPATTAH; FURTHER
DIRECTING THE MANAGER TO PREPARE THE NECESSARY
ACCOMPANYING DOCUMENTS, INCLUDING PUBLIC NOTICE
PROVISION OF A SECTION 108 LOAN IN THE AMOUNT OF $3,000,000;
FURTHER SCHEDULING A SPECIAL CITY COMMISSION MEETING
FOR TUESDAY, JULY 15, 2003 AT 9:00 A.M. TO CONSIDER THIS
MATTER; AND FURTHER DIRECTING THE ADMINISTRATION TO
WORK WITH THE GOODWILL INDUSTRIES OF SOUTH FLORIDA
REPRESENTATIVE IN ORDER TO EXPLORE OTHER SOURCES OF
FINANCIAL SUPPORT, AND TO REQUEST THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) TO PROVIDE THE SERVICES OF
ITS CONSULTANT FOR THE STRUCTURE AND CAPACITY OF THIS
ISSUE, AT A COST TO BE BORNE BY THE CRA.
Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Gonzalez: Thank you, Commissioners.
Chairman Winton: And good luck on that.
Commissioner Gonzalez: Appreciate it.
Vice Chairman Teele: That's a great project.
Chairman Winton: That's a great project. Outstanding.
108 June 25, 2003
33. DIRECT CITY ADMINISTRATOR [MODEL CITY NET, PUBLIC WORKS, SOLID
WASTE, MAYOR'S CLEAN-UP DETAIL, ETC.] TO PROVIDE IN-KIND SUPPORT
INCLUDING PLASTIC BAGS, GLOVES AND REFRESHMENTS, FOR ANNUAL FLORAL
PARK HOMEOWNERS' COMMUNITY CLEAN-UP TO BE HELD AT 8 A.M. SATURDAY,
JULY 19, 2003.
Chairman Winton: Next pocket item. I have a mess in front of me, so I'm totally
discombobulated. Commissioner Teele, do you -- Commissioner Gonzalez, you have any other
pocket items?
Commissioner Gonzalez: No, sir.
Vice Chairman Teele:
Chairman Winton: Commissioner Teele.
Vice Chairman Teele: Thank you, Mr. Chairman. Mr. Chairman, you have a mess. I guess I
have, too.
Chairman Winton: Here you go.
Vice Chairman Teele: A resolution of the City Commission directing that the administrator
Model Cities NET (Neighborhood Enhancement Team), Public Works, Solid Waste, and the
Mayor's Clean -Up Detail with Solid Waste to provide in-kind support, including plastic bags,
gloves, refreshments; to provide support for the annual Floral Heights Park homeowner clean-up
-- community clean-up to be held at 8 a.m., Saturday, July 19. I would so move.
Commissioner Gonzalez: Second.
Chairman Winton: Motion, second.
Vice Chairman Teele: Mr. Chairman, Floral Park, just so everybody knows, is the area west of
17th Avenue. Seventeenth is not the city boundaries for the forgotten part of the City, and it
goes over the 19th Avenue, and it's an area that really needs a lot of support, and I hope Mr. --
Public Works people and Solid Waste people will take note. Thank you.
Commissioner Gonzalez: Ralph used to be --
Chairman Winton: Did we vote?
Vice Chairman Teele: Ralph Packingham.
Commissioner Gonzalez: -- the president of that association, right?
Chairman Winton: All right.
109 June 25, 2003
Vice Chairman Teele: Exactly, Ralph Packingham.
Commissioner Gonzalez: I remember going to those meetings.
Chairman Winton: Did we vote? OK.
Vice Chairman Teele: No.
Chairman Winton: Did we get a motion and a second?
Vice Chairman Teele: Yes.
Chairman Winton: We have a motion and a second. Discussion? Being none, all in favor,
LL "
aye.
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-747
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO
THE "ANNUAL FLORAL PARK HOMEOWNERS' COMMUNITY
CLEAN-UP EVENT," TO BE HELD ON SATURDAY, JULY 19, 2003;
AUTHORIZING THE CITY MANAGER TO PROVIDE IN-KIND SUPPORT
SERVICES, INCLUDING THE PROVISION OF PLASTIC BAGS, GLOVES
AND REFRESHMENTS, BY THE DEPARTMENTS OF SOLID WASTE,
MUNICIPAL SERVICES, MODEL CITY NEIGHBORHOOD
ENHANCEMENT TEAM ("NET") AND THE MAYOR'S CLEAN-UP
DETAIL.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
110 June 25, 2003
34. RELATING TO PROVISION OF FIRE SERVICES, FACILITIES AND PROGRAMS IN
CITY; ESTABLISH ESTIMATED ASSESSMENT RATE FOR FIRE ASSESSMENTS FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2003, IN ACCORDANCE WITH CITY FIVE-
YEAR PLAN; DIRECT PREPARATION OF ASSESSMENT ROLL; AUTHORIZE PUBLIC
HEARING FOR SEPTEMBER 11, 2003.
Vice Chairman Teele: Mr. Chairman, there's two items from the Manager. A resolution of the
City Commission, with attachments, relating to provisions of fire services and programs; City
establishing an estimated assessment rate for the fire assessment for fiscal year beginning
October 1, 2003 in accordance with the City of Miami Five -Year Plan, providing for new
definitions; directing the preparation of assessment roll, authorizing public hearing for
September 11, 2003, and directing the provision of notice thereof, and providing an effective
date, and it is my under -- so move.
Commissioner Sanchez: Second.
Vice Chairman Teele: And it's my understanding, Madam Administrator -- I need you to put this
on the record -- that this does not substantially or incrementally increase the fire fees.
Linda Haskins (Deputy City Manager): It does not change the residential fire fee, at all. In fact,
it -- and on the commercial side, the total revenues will be down slightly to -- by about $800,000
under this proposal.
Chairman Winton: But --
Vice Chairman Teele: But all this is is providing for the notice --
Commissioner Sanchez: For the public hearing.
Vice Chairman Teele: -- and the preliminary assessment. This does not do anything but set us
up to have a meeting on September 11 on it.
Chairman Winton: Right, good.
Ms. Haskins: That's correct.
Vice Chairman Teele: Is that all right?
Chairman Winton: Yes, agreed, so --
Vice Chairman Teele: Public hearing.
Chairman Winton: -- we have a motion and a second. Further discussion? Being none, all in
favor, "aye."
The Commission (Collectively): Aye.
111 June 25, 2003
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-748
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, RELATING TO THE PROVISION OF FIRE SERVICES,
FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA;
ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE
ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2003, IN ACCORDANCE WITH THE CITY OF MIAMI FIVE-YEAR PLAN;
PROVIDING FOR NEW DEFINITIONS; DIRECTING THE PREPARATION
OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR
SEPTEMBER 11, 2003, AND DIRECTING THE PROVISION OF NOTICE
THEREOF; AND PROVIDING AN EFFECTIVE DATE.
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
112 June 25, 2003
35. RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING OF EMERGENCY,
UNTIL AWARD OF REQUEST FOR PROPOSALS (RFP) NO. 02-03-099, BY
COMMISSION, FOR PROCUREMENT OF PSYCHOLOGICAL PRE-EMPLOYMENT
SCREENING AND PSYCHOLOGICAL COUNSELING SERVICES, FROM LAW
ENFORCEMENT PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC., FOR
DEPARTMENT OF POLICE, $106,334.00; AUTHORIZE MANAGER TO EXECUTE
TEMPORARY MONTHLY AGREEMENT WITH LAW ENFORCEMENT
PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC.; ALLOCATE FUNDS FROM
POLICE GENERAL OPERATING BUDGET.
Vice Chairman Teele: And the second one is ratifying the City Manager's actions regarding the
psychological pre-employment screening and psychological counseling from the Police budget.
I would so move.
Commissioner Sanchez: Second.
Chairman Winton: Motion, second. Discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-749
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS
AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION,
RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY, UNTIL AWARD OF REQUEST FOR
PROPOSALS (RFP) NO. 02-03-099, BY THE CITY COMMISSION, FOR THE
PROCUREMENT OF PSYCHOLOGICAL PRE-EMPLOYMENT SCREENING
AND PSYCHOLOGICAL COUNSELING SERVICES, FROM LAW
ENFORCEMENT PSYCHOLOGICAL AND COUNSELING ASSOCIATES,
INC., A NON-LOCAL/NON-MINORITY VENDOR, FOR THE
DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED
$106,334.00; AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE A TEMPORARY MONTHLY AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH LAW ENFORCEMENT
PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC.;
ALLOCATING FUNDS THEREFOR FROM THE POLICE GENERAL
OPERATING BUDGET, ACCOUNT CODE NOS. 001000.290201.6.260
($69,000) AND 001000.290201.6.270 ($37,334); FURTHER, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S ISSUANCE OF
AN EMERGENCY PURCHASE ORDER FOR THESE PURCHASE.
113 June 25, 2003
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
36. DIRECT MANAGER TO SCHEDULE AS REGULAR AGENDA ITEM PROPOSED
ORDINANCE TO ALLOW EMPLOYEES TO PARTICIPATE IN FEDERAL ECONOMIC
DEVELOPMENT PROGRAMS ADMINISTERED BY DEPARTMENT OF COMMUNITY
DEVELOPMENT IN ORDER TO DEBATE MERITS OF THIS PROPOSAL.
Vice Chairman Teele: And the next one is an ordinance which brings in the federal grant
program to be consistent with the current changes and the current program related to homeowner
purchases, is that correct, Mr. Attorney?
Alejandro Vilarello (City Attorney): Yes. This would make employees eligible for economic
development projects as they are already eligible for single-family housing and other CDBG
(Community Development Block Grant) type grants.
Vice Chairman Teele: Would you read the ordinance, please?
Commissioner Sanchez: Wait, wait.
Chairman Winton: Yeah. We need a motion and a second. We need a motion -- you moved
that.
Vice Chairman Teele: Moved.
Chairman Winton: Second?
Commissioner Sanchez: For discussion, discussion. I need to clarify. What is this? This allows
-- you're basically amending the City Code here to allow City employees to participate in federal
economic development programs.
Mr. Vilarello: Currently, the code allows for City employees to participate in Community
Development Block Grant, single-family, rehab loan programs, other affordable housing
programs, home investment partnership programs, state housing initiatives partnership program;
all which are administered by the Community Development Department, and require the
employment -- the employee to meet all the criteria. All this does is add an additional federal
program to that list --
114 June 25, 2003
Commissioner Sanchez: Which is that federal program?
Mr. Vilarello: -- that you already authorize, the federal economic development program.
Vice Chairman Teele: Read the ordinance, please.
Commissioner Sanchez: No. You know, I -- let me just caution you. I mean, you -- you're
entering into a slippery slope here. I mean, you know, what's going to happen when people
apply for it and a City employee gets it? I mean, they're going to basically be upset about it.
There's going to be complaints on this. I mean, this --
Chairman Winton: Well --
Commissioner Sanchez: -- is something that --
Chairman Winton: -- we're already way down that slope.
Commissioner Sanchez: Well, it's going to happen.
Chairman Winton: All this stuff --
Commissioner Sanchez: I mean, people -- someone's going to apply; they're going to get it;
they're a City employee, and someone who's not a City employee is going to apply and then
they're going to be, hey -- you know, favoritism is going to come into play. We're going to be
put in jeopardy. I mean, a lot of fingers are going to be pointing at people.
Vice Chairman Teele: Well, what I would like to do --
Commissioner Sanchez: it's a concern that I have.
Vice Chairman Teele: -- is at least let's get it over for first reading. On second reading --
Commissioner Sanchez: Well, Commissioner Teele, with all due respect, sir --
Chairman Winton: Wait.
Commissioner Sanchez: -- I think this is an item that should be put on the agenda and not -- I
mean, not be brought out as a pocket item. Basically, when you're --
Vice Chairman Teele: I'll be more than happy to.
Commissioner Sanchez: -- amending the City Code in a pocket item --
Vice Chairman Teele: I'll --
115 June 25, 2003
Commissioner Sanchez: This is something that has --
Chairman Winton: Done.
Commissioner Sanchez: -- Herald material written all over it. I mean --
Chairman Winton: Done.
Commissioner Sanchez: -- done in good faith, but anybody who's listening out there on Net -9 is
going to say, "Wait a minute. City employees going to be able to, and how about me?" and then
when they -- when we both apply --
Chairman Winton: And there's only enough for two and the City employee gets it --
Commissioner Sanchez: -- and somebody gets it, they're going to say, "Hey, well, how come the
City employee" -- and then you have to explain or I'll -- we'll find ourselves explaining here,
well, you know, there was a fair process. We put these safeguards in place, but at the end of the
day, they're going to say, "Hey, it's BS. It's favoritism, and it's not right," and it's something that,
you know -- it's -- I just don't feel comfortable with this. I don't think I could support it. I mean,
I could -- my mind could be changed if I could be educated enough on the issue, but as it is right
now, I see it as people coming forth and saying, "Hey, it's unfair."
Chairman Winton: There is a flip side to the coin, but I think you're absolutely right. This needs
to be put on the regular agenda.
Vice Chairman Teele: I think it needs to be put on the regular agenda and debated.
Chairman Winton: Right, and then it gets debated so that both sides of this coin get fully
debated, and then we can all make a decision, so this one y'all need to put this on regular agenda.
Do we have another pocket item?
Vice Chairman Teele: No, sir.
Chairman Winton: Anybody else?
Commissioner Sanchez: Now, just out of curiosity, on the other conditions that are set forth
here, have we gotten a lot of complaints on people that have filed that said -- you know,
pertaining to preferential treatment to City employees over their -- the applicant?
Mr. Vilarello: I've not heard --
Chairman Winton: Probably, the real question --
Mr. Vilarello: -- (UNINTELLIGIBLE) at all.
116 June 25, 2003
Chairman Winton: -- that says have any City employees ever been able to take advantage of any
of these? And when you -- when y'all bring this back on the agenda, would you do some
research so that we understand the two questions. One, whether or not City employees have been
able to take advantage of any of these things that have already exist, and whether or not there've
been complaints from the community about preferential treatment?
Vice Chairman Teele: But Commissioner Winton, I mean, with all due respect, Commissioner
Sanchez is -- let me take the word Commissioner Sanchez out. This is a red herring. Let me
explain. The federal program does not mandate, at all, what we're doing; to the contrary. The
federal program, for example, for police officers, it specifically says that police officers
employment, people should be given preference for housing and certain things. I mean, this is
just -- you know, this is --
Chairman Winton: But we agree. That's why I said there is a flip side to this.
Vice Chairman Teele: But just understand one thing. These requirements that we're talking
about are not waiving federal requirements. These are simply conforming the City rules to the
federal rules, OK, and I --
Chairman Winton: Right.
Vice Chairman Teele: -- agree completely that it ought to be done openly, if that's the concern.
The truth of the matter is, just so that the record is clear, an item on first reading cannot go to
second reading without a public hearing, so this is all more of a -- you know, some mischief
that's going on that I'm aware of, but it's neither here nor there, OK.
Chairman Winton: Got it. OK. Do we have anything --
Commissioner Gonzalez: Let me --
Chairman Winton: anyone else?
Commissioner Gonzalez: Let me also add that in the case of people buying affordable housing,
OK, it all depends -- the transparency of the program depends on the agency that is handling the
sales of these affordable housing units. The system that was established in Allapattah is that if
you are an applicant, once you put in your application, the application gets clocked and you get a
copy of a clock application, and they have a ledger of who applied, what date, what hour, so on
and so on and so on, so those applications are submitted to the funding sources or the finance
sources, to the bank, and to surtax, and whatever in the order that they were received. If the
person is disqualified, you know, that doesn't mean -- let's say that you have a person that is not a
City employee and he doesn't qualify, and you have an employee of Solid Waste, or any
department in the City of Miami that qualifies, well, you know, you're going to take that right
away from them because they qualify just simply because they're City employees not to have the
same rights as any other citizens? So, you know, I think, yeah, this needs to be discussed, but
one -- you know, as long as we (UNINTELLIGIBLE) transparency negotiation, there shouldn't
be any problem.
117 June 25, 2003
Vice Chairman Teele: But Mr. Chairman --
Chairman Winton: OK.
Vice Chairman Teele: -- I just want you to know, I want you to know, as Chairman, that this
item could never be adopted except as an emergency, without a public hearing, and it would not
be (UNINTELLIGIBLE). I just want you to be aware of that --
Chairman Winton: Thank you.
Vice Chairman Teele: -- Mr. Chair.
Chairman Winton: I appreciate you -- I appreciate that.
37. CLARIFICATION OF STATEMENTS MADE EARLIER REGARDING CHIEF
TIMONEY' S MOVING EXPENSES (See #17).
Chairman Winton: One last point. Commissioner Gonzalez, you asked -- you said you had
heard a rumor that Chief Timoney was getting a $10,000 per month housing allowance. We all
got this handout --
Commissioner Sanchez: Did we clarify that?
Chairman Winton: -- that should -- yeah, and so, yeah, it does need to be clarified on the air,
since the question was asked on the air, that he got a moving allowance where his moving
expenses were reimbursed at about $8,500, and he got a $2,000 per month temporary living
expense allowance only for three months, only for three months, so there -- that's the facts.
Commissioner Gonzalez: (INAUDIBLE) because next time I go to the (UNINTELLIGIBLE).
Chairman Winton: Bingo. OK. Anything else we have? Motion to adjourn.
Commissioner Gonzalez: Thank you.
Commissioner Sanchez: Congratulations, Mr. Chairman.
118 June 25, 2003
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 12:06 P.M.
Attest:
Priscilla A. Thompson
CITY CLERK
MANUEL A. DIAZ
MAYOR
119 June 25, 2003