HomeMy WebLinkAboutCC 2002-04-18 MinutesMINUTES OF CONTINUATION OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 18`h day of April 2002, the City Commission of Miami, Florida, met at its regular meeting
place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session to continue the
meeting of April 11, 2002, which had recessed at 11:08 p.m.
The meeting was called to order at 1:48 P.m. by Chairman Tomas Regalado with the following
members of the Commission found to be present:
Commissioner Angel Gonzalez (District 1)
Vice Chairman Johnny L. Winton (District 2)
Commissioner Joe Sanchez (District 3)
Chairman Tomas Regalado (District 4)
ALSO PRESENT:
Carlos A. Gimenez, City Manager
Joel Maxwell, Deputy City Attorney
Priscilla A. Thompson, City Clerk
Sylvia Scheider, Assistant City Clerk
ABSENT: Commissioner Arthur E. Teele, Jr. (District 5) (Came in at 2:13 p.m.)
1. BRIEF STATEMENTS BY CHAIRMAN REGALADO ON COMMISSIONER SANCHEZ'S
DECISION TO STAY ON AS CITY COMMISSIONER FOR DISTRICT 3.
Chairman Regalado: Good afternoon. Let's begin this special session of the City Commission with a
moment of silent prayer and then Commissioner Joe Sanchez will do the pledge of allegiance. This is a
special session, plus the continuance of the last meeting of the City Commission. So, if you all stand,
please. A minute of silent prayer. Thank you. Commissioner Sanchez.
An invocation was delivered by Chairman Regalado, followed by Commissioner Sanchez leading those
present in a pledge of allegiance to the flag.
Chairman Regalado: OK. We have several items in the agenda. We -- Vice Chairman Winton has to
leave so, we're going to try to take as much as we can this afternoon, and then continue on with the
different items that we have to deal with. First of all, I don't know if you know, but we got a very good
news this afternoon. Commissioner Joe Sanchez is staying as City Commissioner of the City of Miami.
(APPLAUSE)
April 18, 2002
Chairman Regalado: And I guess that we all -- I was thinking, well, maybe, you know, I'm going to have
a state Senator who is a very good friend, but then I said, me, personally, no. I would rather have him
sitting next -- I'm used to him, so I don't want to change. I'm --
Commissioner Sanchez: Well, it's good news to some and bad news to others.
Chairman Regalado: Well, that that's true. That is true. For me, it's bad news and I'm sure to the
residents of District 3, it's very good news. And.
Commissioner Sanchez: And they are why I'm staying.
Chairman Regalado: -- believe me, for all the members of the City Commission, it is good news.
2 April 18, 2002
2. APPOINT XAVIER CORTADA, PAUL R. PHILLIP, JACK BLUMENFELD, AND ROGER ROJAS
LAVERNIA AS MEMBERS OF CIVILIAN INVESTIGATIVE PANEL NOMINATING COMMITTEE.
(See # 14).
Chairman Regalado: OK. In the last meeting, Vice Chairman Winton requested that we take the CIP
(Civilian Investigative Panel) appointments, the nominations for the Nominating Committee as first item.
We're going to do that, and then we'll proceed with the other items.
Joel Maxwell (Deputy City Attorney): Well, Commissioner --
Chairman Regalado: Yes, sir.
Mr. Maxwell: Mr. Chairman, you have two meetings scheduled. You have the Special Meeting --
Chairman Regalado: Right.
Mr. Maxwell: -- which is Raceworks.
Chairman Regalado: Right.
Mr. Maxwell: And if you want to address that, that should be a separate agenda -- it is a separate agenda
from the continuation of last Thursday's meeting. I would suggest that you not mix those. You can
handle it whichever order you like. We're --
Chairman Regalado: We are going to start with the nominations for the CIP, and then we'll come back to
the Special Meeting --
Mr. Maxwell: OK.
Chairman Regalado: -- to deal with the Raceworks item.
Mr. Maxwell: OK.
Chairman Regalado: So this is a continuation of the regular meeting. Could we find out if Commissioner
Teele is in the building or -- OK. The way that the City Commission wanted to do these appointments for
what was set last meeting is that we do this in two meetings, and do one set of nominations today, wait for
the Mayor this coming week to do his five appointments, and then the City Commission will do the last
five appointments on the 25"; that is, on next Thursday, on the regular Commission meeting. Each
member of the Commission will nominate a member of this group that will have the task to submit to the
City Commission three names for each of the nine positions on the CIP panel. This is a very important
issue, and I'm sure that all of you are aware of the debate in the County regarding this CIP panel. I do
have a question, though, maybe for the City Attorney, because one of the elected officials of the County
said that if there was such a panel in the County, that that panel should have powers of -- over all Police
Department in the County. And I just want to understand if this is possible because, you know -- Joel.
Mr. Maxwell: If it's possible or is that the case?
Chairman Regalado: I don't know if that's the case. They haven't voted on anything.
April 18, 2002
Mr. Maxwell: Right now, they -- we have power. They don't have power over our -- they wouldn't have
power over our panel.
Chairman Regalado: But can they do it?
Mr. Maxwell: Well, I don't believe so at this point. I don't think the Charter gives them the power to do
that. Obviously, under the Home Rule Powers Act the County has extraordinary powers, but I would
have to look at the Charter to see if it's a specific provision that would apply to that. Off the top of my
head, I would say no, unless there is a specific Charter provision that authorizes it.
Chairman Regalado: OK. So you know that -- and so the members know. So we're going to start the
nomination of seatings.
Commissioner Sanchez: Mr. Chairman.
Chairman Regalado: Yes, sir.
Commissioner Sanchez: Mr. Chairman, let me just elaborate a little bit on this. I think that it's prudent
that the -- that we -- the process that we set forth to nominate individuals for the Nominating Committee -
- I think that a lot of the organizations that have made nominees -- have appointed nominees to be
appointed by us, I see a lot of great names on this list. But let me just say that I would ask my colleagues
to really focus on appointing people that not only are they respectable in our community, but also have
what I consider to be probably the appropriate education or the background to deal with this. Because,
once again -- I've always said it -- we're only going to have one chance to create such a board, the
Civilian Investigative Panel. And I see some names here that really scare me. I'm not going to name
them, but I also see some great names here, people that have respect among our community, people that
are not going to take a leap of faith when it's such a sensitive issue in our community. So, once again,
you know, I have selected two people, and I have put almost a week talking to these people, asking them
questions, because I think this is one of the most important appointees that this legislative body is going
to do. And, at this time, I am prepared to name my two, which I consider to be --
Chairman Regalado: One, one.
Commissioner Sanchez: Oh, just one?
Chairman Regalado: Joe. Joe, one because what -- the way that the members of the Commission wanted
-- Commissioner Teele and Commissioner Winton suggested -- is that we do one round now, then wait
for the Mayor to appoint his five appointees, and then, next Thursday, we'll do the second round. So you
can do one, if you want to -- I will ask you not to name the other person so, you know.
Commissioner Sanchez: Whenever we're ready to make any nominations.
Chairman Regalado: OK. We're ready to take -- Madam City Attorney, do we need one motion for each
member, or do we need one motion for each member?
Maria Chiaro (Deputy City Attorney): Yes. You should make these appointments by individual motion
for each member.
Chairman Regalado: OK. Do we have a motion?
Commissioner Sanchez: Mr. Chairman.
4 April 18, 2002
Chairman Regalado: Yes, sir.
Commissioner Sanchez: At this time, I would like to appoint Xavier Cortada, who is representing the
Spanish American League Against Discrimination. So moved.
Commissioner Gonzalez: Second.
Chairman Regalado: There is a motion and a second by Commissioner Sanchez, to appoint Xavier
Cortada as a member -- and, remember, for the benefit of the press, this is the Nominating Committee for
the CIP. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes four to zero.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 02-404
A MOTION APPOINTING XAVIER CORTADA AS A MEMBER OF THE CIVILIAN
INVESTIGATIVE PANEL NOMINATING COMMITTEE.
Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following
vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Chairman Regalado: Yes, sir. Vice Chair.
Vice Chairman Winton: Mr. Chairman, I'm prepared to nominate Paul R. Phillip, nominee of the Greater
Miami Chamber of Commerce.
Commissioner Sanchez: Second.
Chairman Regalado: There is a motion by Vice Chairman Winton to nominate his appointee, and it's
been seconded. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
The following motion was introduced by Vice Chairman Winton, who moved for its adoption:
5 April 18, 2002
MOTION NO. 02-405
A MOTION APPOINTING PAUL R. PHILLIP AS A MEMBER OF THE CIVILIAN
INVESTIGATIVE PANEL NOMINATING COMMITTEE.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Chairman Regalado: Commissioner Gonzalez.
Commissioner Gonzalez: Yes, Mr. Chairman. My appointment will be Jack Blumenfeld.
Vice Chairman Winton: Second.
Chairman Regalado: The appointment by Commissioner Gonzalez, it's been moved and seconded. All in
favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Gonzdlez, who moved for its adoption:
MOTION NO. 02-406
A MOTION APPOINTING JACK BLUMENFELD AS A MEMBER OF THE
CIVILIAN INVESTIGATIVE PANEL NOMINATING COMMITTEE.
Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following
vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Ms. Chiaro: Mr. Chairman, if I may just interject the language of these appointments. These are not
individual Commissioner appointments. They are nominations by individual Commissioners, and
appointment by the entire City Commission.
April 18, 2002
Chairman Regalado: Right. That's why we are voting on each motion. Do we know if Commissioner
Teele has done something in writing?
Priscilla A. Thompson (City Clerk): We did not receive anything from him in writing, and he is in the
building.
Vice Chairman Winton: Want me to chair so you can make your nomination?
Chairman Regalado: Yes, sir, if you can.
Vice Chairman Winton: Chairman Regalado.
Chairman Regalado: Thank you very much, Mr. Chairman. My nomination will be Roger Rojas
Lavernia for the first round of nominations.
Commissioner Sanchez: Second.
Vice Chairman Winton: We have a motion and a second. Discussion. Being none, all in favor "aye."
The Commission (Collectively): Aye.
Vice Chairman Winton: Like sign opposed. The motion carries.
The following motion was introduced by Chairman Regalado, who moved for its adoption:
MOTION NO. 02-407
A MOTION APPOINTING ROGER ROJAS LAVERNIA AS A MEMBER OF THE
CIVILIAN INVESTIGATIVE PANEL NOMINATING COMMITTEE.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Chairman Regalado: Thank you very much, Mr. Chair. I -- so we're going to wait for Commissioner
Arthur Teele, for his nomination of the nominating panel. And I would think that maybe I would -- if you
don't mind, let's wait for Commissioner Teele to start the Raceworks item.
7 April 18, 2002
3. RESCIND RESOLUTION 02-318, ADOPTED MARCH 14, 2002, WHICH HAD APPOINTED
INDIVIDUALS AS MEMBERS OF MIAMI SPORTS AND EXHIBITION AUTHORITY (See #20).
Vice Chairman Winton: Mr. Chairman.
Chairman Regalado: Yes, sir.
Vice Chairman Winton: In that regard, then, I have a resolution -- very quickly. A resolution of the City
of Miami Commission rescinding resolution number 02-318, adopted March 4, 2002, which appointed
certain individuals as members of the Miami Sports and Exhibition Authority. So moved.
Commissioner Gonzalez: Second.
Chairman Regalado: It's been moved and a second. All in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Winton, who moved its adoption:
MOTION NO. 02-408
A MOTION TO RESCIND RESOLUTION 02-318, ADOPTED MARCH 14, 2002,
WHICH HAD APPOINTED CERTAIN INDIVIDUALS AS MEMBERS OF THE
MIAMI SPORTS AND EXHIBITION AUTHORITY.
Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following
vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele. Jr.
8 April 18, 2002
4. EMERGENCY ORDINANCE: ACCEPT DONATIONS TO DEPARTMENT OF PARKS AND
RECREATION PERSONS WITH DISABILITIES FUNDRAISING SPECIAL PROJECT, $4,000,
FROM PHYSICIANS HEALTHCARE PLANS, INC. TO CO-SPONSOR CITY MUSICAL
SHOWCASE TO BE HELD ON MAY 10, 2002, AT MANUEL ARTIME THEATER, AND $5,000
FROM NAPA AUTO PARTS FOR PURPOSE OF PROVIDING FURNISHINGS AND EQUIPMENT
FOR SANDRA DELUCCA DEVELOPMENT CENTER.
Chairman Regalado: You have a follow up? You want to do a follow up?
Vice Chairman Winton: That's all I have.
Chairman Regalado: Let's -- as we wait for Commissioner Teele and since we are in the agenda of last
Commission meeting --
Vice Chairman Winton: Commissioner Regalado, could I suggest something?
Chairman Regalado: Yes.
Vice Chairman Winton: Because I understand that just in terms of the agenda, we're going to do these
things because they need four-fifths --
Chairman Regalado: I was looking exactly for that, to do the four-fifths since you are here. And that
would be an emergency ordinance item 11. It needs a four-fifths vote. And do we have a motion?
Vice Chairman Winton: Let me turn to the page.
Chairman Regalado: Item 11 on your last week agenda. Item 11.
Commissioner Gonzalez: So moved.
Chairman Regalado: It's been moved. Do we have a second?
Vice Chairman Winton: Second.
Chairman Regalado: It's a public hearing. An emergency ordinance. Anybody from the public on this
donations to the department of Parks? No one from the public. Mr. City Attorney, read the ordinance.
Roll call.
9 April 18, 2002
An Ordinance Entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION
APPROPRIATING AND ACCEPTING DONATIONS TO THE DEPARTMENT OF
PARKS AND RECREATION PERSONS WITH DISABILITIES FUNDRAISING
SPECIAL PROJECT NO. 110032, REVENUE ACCOUNT CODE NUMBER
110032.058010.4.349, IN THE AMOUNT OF $4,000 FROM PHYSICIANS
HEALTHCARE PLANS, INC. TO CO-SPONSOR THE CITY OF MIAMI MUSICAL
SHOWCASE TO BE HELD ON MAY 10, 2002, AT THE MANUEL ARTIME
THEATER, AND IN THE AMOUNT OF $5,000 FROM NAPA AUTO PARTS FOR
THE PURPOSE OF PROVIDING FURNISHINGS AND EQUIPMENT FOR THE
SANDRA DELUCCA DEVELOPMENT CENTER, FOR A TOTAL AMOUNT OF
$9,000; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
ACCEPT THE DONATIONS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Commissioner Gonzdlez and seconded by Vice Chairman Winton, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
Whereupon the Commission on motion of Commissioner Gonzdlez and seconded by Vice Chairman
Winton, adopted said ordinance by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzdlez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12218
10 April 18, 2002
5. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING
PURCHASE FOR PROCUREMENT OF EIGHT LEVEL "A" TRELLCHEM HPS CHEMICAL SUITS
FOR DEPARTMENT OF FIRE -RESCUE FROM RIGHT SAFETY WARE, INC., $34,672;
ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT.
Chairman Regalado: Resolution, needs a four-fifths vote. Item 21, it needs a four-fifths. Do we have a
motion?
Commissioner Sanchez: So moved.
Chairman Regalado: It's been moved. Do we have a second?
Vice Chairman Winton: Second.
Chairman Regalado: It's been second. All in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 02-409
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS
(4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND
ISSUING PURCHASE ORDER NO. 229028 FOR THE PROCUREMENT OF EIGHT
LEVEL "A" TRELLC14EM HPS CHEMICAL SUITS FOR THE DEPARTMENT OF
FIRE -RESCUE FROM RIGHT SAFETY WARE, INC. IN AN AMOUNT NOT TO
EXCEED $34,672; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT
PROJECT NO. 313304, ACCOUNT CODE NO. 289401.6.840, AS FUNDED BY THE
FIRE ASSESSMENT FEE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following
vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Chairman Regalado: It passes with a four-fifths vote.
11 April 18, 2002
6. RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUE
PURCHASE ORDER FOR ACQUISITION FOR AIR CONDITIONING MAINTENANCE SERVICES
FOR POLICE CENTRAL HEADQUARTERS BUILDING, NORTH AND SOUTH SUBSTATIONS,
AND DAVID HERRING TRAINING CENTER FOR DEPARTMENT OF POLICE FROM MAGNUM
CONSTRUCTION AND A/C INC., $31,326.44; ALLOCATE FUNDS FROM POLICE GENERAL
OPERATING BUDGET.
Chairman Regalado: It's a resolution from the department of police. Item 22.
Vice Chairman Winton: So moved.
Chairman Regalado: It's been moved.
Commissioner Gonzalez: Second.
Chairman Regalado: And second. All in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Winton, who moved its adoption:
RESOLUTION NO. 02-410
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS
(4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING
THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND
ISSUING A PURCHASE ORDER FOR THE ACQUISITION FOR AIR
CONDITIONING MAINTENANCE SERVICES FOR THE POLICE CENTRAL
HEADQUARTERS BUILDING, NORTH AND SOUTH SUBSTATIONS, AND THE
DAVID HERRING TRAINING CENTER FOR THE DEPARTMENT OF POLICE
FROM MAGNUM CONSTRUCTION AND A/C INC., IN AN AMOUNT NOT TO
EXCEED $31,326.44; ALLOCATING FUNDS FROM THE POLICE GENERAL
OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.670.
(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 Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
12 April 18, 2002
7. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE
INSTALLATION OF 8 FEET BY 152 FEET LINEAL FENCE, TWO SINGLE SWING GATES AND
DOUBLE SWING GATE AT BARRY UNIVERSITY MARINE CENTER, LOCATED AT 3601
RICKENBACKER CAUSEWAY, $6,500.
Chairman Regalado: Office of a Asset Management. A resolution, Item 23. It needs a four-fifths vote.
Vice Chairman Winton: So move.
Commissioner Gonzalez: Second.
Chairman Regalado: It's been moved and second. Anybody from the public? None from the public. All
in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Winton, who moved its adoption:
RESOLUTION NO. 02-411
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS
(4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND
APPROVING THE INSTALLATION OF A NEW 8 FEET BY 152 FEET LINEAL
FENCE, TWO SINGLE SWING GATES AND A DOUBLE SWING GATE AT
BARRY UNIVERSITY MARINE CENTER, LOCATED AT 3601 RICKENBACKER
CAUSEWAY, MIAMI, FLORIDA, IN AN AMOUNT NOT TO EXCEED $6,500;
ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.810101.6.670.
(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 Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
13 April 18, 2002
8. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, ACCEPT INFORMAL
BID OF CONDO ELECTRIC, INC., FOR EQUIPMENT REPAIRS AT FOUR CITY STORM WATER
PUMP STATIONS, $35,415; ALLOCATE FUNDS FROM STORM WATER UTILITY TRUST FUND.
Chairman Regalado: A resolution, Number 26.
Vice Chairman Winton: So moved.
Chairman Regalado: Needs a four-fifths vote. It's been moved. Do we have a second?
Commissioner Gonzalez: Second.
Chairman Regalado: It's been second by Commissioner Gonzalez. All in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Winton, who moved its adoption:
RESOLUTION NO. 02-412
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS
(4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES,
ISSUING A PURCHASE ORDER AND ACCEPTING THE INFORM BID OF CONDO
ELECTRIC, INC. DATED JUNE 20, 2000, FOR EQUIPMENT REPAIRS AT FOUR
CITY OF MIAMI STORM WATER PUMP STATIONS, IN AN AMOUNT NOT TO
EXCEED $35,415; ALLOCATING FUNDS FROM THE STORM WATER UTILITY
TRUST FUND, ACCOUNT CODE NO. 001000.311002.6.670.
(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 Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Chairman Regalado: It passes by a four-fifths vote.
14 April 18, 2002
9. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ACCEPT
INFORMAL BID OF JUAN C. VIGUERAS, FOR REBUILDING SIDEWALKS IN CIVIC CENTER
AREA, $5,500; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT.
Chairman Regalado: Item 27 is a resolution. The City Manager's finding of an emergency. Needs a
four-fifths vote.
Vice Chairman Winton: So move.
Commissioner Gonzalez: Second.
Chairman Regalado: It's been moved and second by Vice Chairman Winton and Commissioner
Gonzalez. All in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Winton, who moved its adoption:
RESOLUTION NO. 02-413
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS
(4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES,
ISSUING PURCHASE ORDER NO. 229162 AND ACCEPTING THE INFORM BID
OF JUAN C. VIGUERAS, DATED MARCH 4, 2002, FOR REBUILDING
SIDEWALKS IN THE CIVIC CENTER AREA, IN AN AMOUNT NOT TO EXCEED
$5,500; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO.
341182, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND
CAPITAL IMPROVEMENTS ORDINANCES, AS AMENDED.
(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 Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Chairman Regalado: It passes.
15 April 18, 2002
10. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES ISSUE PURCHASE
ORDER AND ACCEPT INFORMAL BID OF SAXON BUSINESS, INC. FOR ENGINEERING
COPIER/SCANNER/PRINTER FOR PUBLIC WORKS DEPARTMENT.
Chairman Regalado: Item 28 is a resolution that needs a four-fifths vote.
Vice Chairman Winton: So move.
Commissioner Gonzalez: Second.
Chairman Regalado: It's been moved and second. All in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Winton, who moved its adoption:
RESOLUTION NO. 02-414
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS
(4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES,
ISSUING PURCHASE ORDER NO. 219426 AND ACCEPTING THE INFORMAL
BID OF SAXON BUSINESS, INC., DATED SEPTEMBER 4, 2001, FOR THE
PROCUREMENT OF AN ENGINEERING COPIER/SCANNER/PRINTER FOR THE
DEPARTMENT OF PUBLIC WORKS, IN AN AMOUNT NOT TO EXCEED $26,975;
ALLOCATING FUNDS FROM THE FY `2001 PUBLIC WORKS OPERATING
BUDGET, ACCOUNT CODE NO. 001000.310501.6.840.
(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 Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Chairman Regalado: It passes. So that's the balance of resolutions that need a four-fifths vote.
16 April 18, 2002
11. A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE SALARY AND
BENEFITS TO BE RECEIVED BY CITY CLERK PRISCILLA A. THOMPSON.
Chairman Regalado: We have also Item 2. It's a resolution ratifying and confirming the salary and
benefits to the City Clerk. The City Commission requested that I did some research and present to you.
What we have for the position of City Clerk is one of three key positions appointed by the City
Commission; each serves a unique purpose, with a different set of responsibilities. For example, based on
the fiscal year 2001 budget, the City Clerk supervised 15 employees on a budget of one million three
hundred and two thousand dollars ($1,302,000). The City Attorney oversees 51 employees, with a
budget of five thousand -- I mean, five million and a half, and, of course, we all know the City Manager
serves as the Chief Executive Officer of our government. Each position is essential to the work that we,
as City Commissioners, perform.
Therefore, I researched this position of the City Clerk in comparison with the other positions and what I
recommend is an annual salary of ninety-seven thousand three hundred and fifty dollars, which represents
an eight percent increase for the current City Clerk. In terms of benefits, I recommend the same package.
Commissioner Winton: Excuse my, Mr. Chairman?
Chairman Regalado: Yes, sir.
Commissioner Winton: What do you mean -- that means the salary differential between her prior job and
this job is only an eight percent increase?
Chairman Regalado: It's eight percent.
Commissioner Winton: Thank you.
Chairman Regalado: It's eight percent. She agreed to that. In terms of benefits, I recommend the same
package afforded to the unclassified executive staff, department directors. That is my recommendation.
If we have a motion...
Commissioner Winton: So moved.
Commissioner Gonzalez: Second.
Commissioner Sanchez: Discussion.
Chairman Regalado: Yes, sir.
Commissioner Sanchez: The salary -- the annual salary, there is an increase -- a five percent increase,
effective March 7, 2003 and a five percent increase, effective March 7, 2004?
Chairman Regalado: You're talking about this position?
Commissioner Sanchez: Yes.
Chairman Regalado: My understanding is that the City Clerk has accepted this salary, but I don't know
about somebody from budget here?
Commissioner Winton: It's on mine.
17 April 18, 2002
Commissioner Sanchez: It's on mine.
Commissioner Winton: It's reflected on my ...
Commissioner Gonzalez: It's in mine also.
Chairman Regalado: OK. But that is -- is that what budget write? Do you want to amend that?
Anything you want to do then?
Commissioner Sanchez: I don't mind reviewing the 2004 at that date, but, I mean -- you're talking a 10
percent raise in two years.
Joel Maxwell (Deputy City Attorney): Mr. Chairman, could I make a suggestion?
Chairman Regalado: Yes.
Mr. Maxwell: Could I suggest that you actually go down the individual items in attachment one, just to
make sure that what you're voting on now is what's in the packet because the salary that you indicated,
ninety-seven thousand three hundred and fifty-- I believe is the figure you said-- I think the Chairman said
ninety-seven three fifty annual.
Chairman Regalado: I said, ninety-seven three fifty.
Mr. Maxwell: Right. Which is three fifty different from the figures that's shown in here.
Commissioner Winton: From what we have.
Mr. Maxwell: So, I think it would be prudent if you would go down each one of the items so there is no
misunderstanding.
Chairman Regalado: So, is three fifty more -- three fifty more to what it is under back up --
Commissioner Sanchez is right. Five percent increase March 7, 2003; five percent increase March 7,
2004.
Commissioner Sanchez: Mr. Chairman, the five percent in March 7 of 2004, I mean, I could revisit that
in 2003.
Chairman Regalado: Absolutely. Do you want to amend the motion to just leave the five percent
increase ...
Commissioner Sanchez: Ninety-seven thousand annually, and a five percent increase, effective March 7,
2003, and I want to scratch that and we'll revisit it in the year 2003.
Chairman Regalado: OK. The motion has been amended as ninety-seven thousand, and a five percent
increase, effective March 7, 2003.
Commissioner Winton: Second.
Chairman Regalado: We have a motion and a second. Do you wish to say anything, Madam City Clerk?
18 April 18, 2002
Priscilla Thompson(City Clerk): No, sir.
Chairman Regalado: OK. All in favor
Commissioner Winton: Let me ask one question, though. There is this two hundred and fifty or three
hundred and fifty dollar difference here. Did you agree to ninety-seven thousand or ninety-seven
thousand three hundred and fifty or whatever that number was?
Ms. Thompson: Ninety-seven thousand three hundred and fifty.
Commissioner Winton: Then over the three hundred and fifty dollars ($350), I would like to request an
amendment to your motion so that the annual salary reflects ninety-seven thousand three hundred and
fifty, which is what they really agreed to, as opposed to the ninety-seven that's reflected here. For the
three hundred and fifty dollars ($350), it's -- you know, once you have an agreement, it's ...
Commissioner Sanchez: I accept that. I mean, I'm just saying that the five percent, you know ...
Commissioner Winton: No. I mean
Commissioner Sanchez: Two thousand three, we'll revisit it again. I'll be more than glad to see it, but I
want to see ...
Commissioner Winton: Right. We're agreeing with all of that. I'm simply modifying the annual salary
from the ninety-seven to the ninety-seven three fifty.
Commissioner Sanchez: Also...
Commissioner Winton: And agreeing that we strike the five percent increase in 2004 and we do revisit it
at that appropriate time.
Commissioner Sanchez: I accept that. Also, under deferred compensation, the twelve thousand per year,
effective 2/14, what was the previous City Clerk getting?
Ms. Thompson: The previous City Clerk had a special package that was approved back a couple
Commission -- it had a full retirement package that was paying into almost 22 percent of their salary -- of
his salary.
Chairman Regalado: But what I'm recommending is the same package afforded to the unclassified
executive staff, that is, the department directors. That is different than what the former City Clerk had.
That's what I'm recommending.
Commissioner Sanchez: OK. Call the question.
Chairman Regalado: As amended, the motion, all in favor say "aye."
The Commission (Collectively): "Aye."
Chairman Regalado: It passes.
The following resolution was introduced by Commissioner Winton, who moved its adoption:
19 April 18, 2002
RESOLUTION NO. 02-415
A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING
AND CONFIRMING THE SALARY AND BENEFITS TO BE RECEIVED BY CITY
CLERK PRISCILLA A. THOMPSON.
(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 Tomas Regalado
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
20 April 18, 2002
12. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND ACCEPT BID OF
METRO EXPRESS, INC., FOR PROJECT ENTITLED "FAIRLAWN STORM SEWER EMERGENCY
OUTFALL RECONSTRUCTION PROJECT, B-5671", $108,972.
Chairman Regalado: OK. We -- we really need to know if Commissioner Teele is coming back soon,
because -- can you -- can you -- because Commissioner Winton needs to --
Vice Chairman Winton: Leave.
Chairman Regalado: -- leave. And I'm sure that you all want to participate -- Oh, I'm sure of that -- in
the Raceworks item.
Vice Chairman Winton: I took a chill pill before I got here.
Chairman Regalado: But -- OK. We have a resolution meanwhile -- just checking with the Mayor's
office to see if Commissioner Teele has finished. We have a resolution. It needs a four-fifths vote. Item
3. It's a public hearing. It's the Manager's finding of an emergency. The bid of Metro Express. It needs
a four -fifth. Do we have a motion for Item 3?
Vice Chairman Winton: Yes.
Chairman Regalado: We do. Do we have a second?
Vice Chairman Winton: So move.
Chairman Regalado: It's been moved and --
Commissioner Gonzalez: Second.
Chairman Regalado: -- second by Commissioner Gonzalez. It needs a four-fifths vote. All in favor say
"aye."
The Commission (Collectively): Aye.
21 April 18, 2002
The following resolution was introduced by Vice Chairman Winton, who moved its adoption:
RESOLUTION NO. 02-416
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS
(4/5THS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND ACCEPTING THE
BID OF METRO EXPRESS, INC. THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER, PURSUANT TO INVITATION FOR INFORM BIDS,
DATED FEBRUARY 12, 2002, FOR THE PROJECT ENTITLED "FAIRLAWN
STORM SEWER EMERGENCY OUTFALL RECONSTRUCTION PROJECT, B-
5671", IN THE AMOUNT OF $99,2600; ALLOCATING FUNDS FROM PROJECT
NO. 352265, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND
CAPITAL APPROPRIATIONS ORDINANCES, AS AMENDED, IN THE AMOUNT
OF $99,600 FOR THE CONTRACT COSTS AND $9,372 FOR EXPENSES, FOR A
TOTAL ESTIMATED COST OF $108,972; AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gonzdlez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzdlez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Chairman Regalado: It passes.
22 April 18, 2002
13. WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND
APPROVE ACQUISITION OF 280A NEIHOFF ALTERNATOR UPGRADE, MOTOROLA RADIO
AND INSTALLATION, FREIGHTLINER CHASSIS, AND MODULAR BODY DIFFERENCE FOR
ONE EMERGENCY MEDICAL CARE VEHICLE FOR DEPARTMENT OF FIRE -RESCUE FROM
AERO PRODUCTS CORPORATION, $7,197; ALLOCATE FUNDS FROM CAPITAL
IMPROVEMENTS PROJECT.
Chairman Regalado: Item 4, resolution. Needs a four-fifths vote. It's ratifying and approving and
confirming the City Manager's finding --
Commissioner Sanchez: Mr. Chairman.
Chairman Regalado: Yes, sir.
Commissioner Sanchez: Why are we waiving competitive bidding?
Chairman Regalado: Huh?
Commissioner Sanchez: Why are we waiving competitive bidding?
Chairman Regalado: That's what the Manager --
Commissioner Sanchez: Just a harmless question.
Maurice Kemp: Maurice Kemp, Deputy Fire Chief. At the last meeting you approved the purchase of a
rescue vehicle, and this alternator upgrade and a couple other upgrades are items that are more prudent to
get the builder to put these into the truck as they're built as opposed to buying them separately.
Note for the Record: Commissioner Teele entered the meeting at 2:14 p. m.
Chairman Regalado: Commissioner Sanchez, we have Commissioner Teele nowhere. We need to do
the Raceworks. Do you want to defer this?
Commissioner Sanchez: No. No, I do not.
Chairman Regalado: OK.
Commissioner Sanchez: We could vote on it.
Chairman Regalado: We have a motion and a second. All in favor say "aye."
The Commission (Collectively): Aye.
Priscilla Thompson (City Clerk): I'm sorry.
Vice Chairman Winton: So move.
Ms. Thompson: Chairman Regalado, we don't have a motion.
Vice Chairman Winton: Yeah. So move.
23 April 18, 2002
Chairman Regalado: Yes, we did.
Commissioner Sanchez: Second.
Chairman Regalado: OK. It's been moved and seconded. We have Commissioner Teele here.
Commissioner, we are on—
Vice Chairman Winton: All in favor?
Chairman Regalado: All in favor say, "Aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Winton, who moved its adoption:
RESOLUTION NO. 02-417
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS)
AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE
SEALED BIDDING PROCEDURES ARE NOT PRACTICAL OR ADVANTAGEOUS FOR THE
ACQUISITION OF 280A NEIHOFF ALTERNATORS UPGRADE, MOTOROLA RADIO AND
INSTALLATION, FREIGHTLINER CHASSIS, AND MODULAR BODY DIFFERENCE FOR ONE
EMERGENCY MEDICAL CARE VEHICLE; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE ACQUISITION OF
280A NEIHOFF ALTERNATOR UPGRADE, MOTOROLA RADIO AND INSTALLATION,
FREIGHTLINER CHASSIS, AND MODULAR BODY DIFFERENCE FOR ONE EMERGENCY
MEDICAL CARE VEHICLE FOR THE DEPARTMENT OF FIRE -RESCUE FROM AERO
PRODUCTS CORPORATION, IN AN AMOUNT NOT TO EXCEED $7,197; ALLOCATING FUNDS
FROM CAPITAL IMPROVEMENTS PROJECT NO. 313233, ACCOUNT CODE NO. 289401.6.840,
AS FUNDED BY THE FIRE ASSESSMENT FEE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Chairman Regalado: It passes.
24 April 18, 2002
14. RESTATE POLICY THAT MEMBER OF CIVILIAN INVESTIGATIVE PANEL NOMINATING
COMMITTEE SHALL NOT BE ELIGIBLE TO SERVE AS MEMBER OF CIVILIAN
INVESTIGATIVE PANEL UNTIL ONE YEAR AFTER COMPLETION OF DUTIES OF CIVILIAN
INVESTIGATIVE PANEL NOMINATING COMMITTEE; CITY CLERK TO ASSURE THAT EACH
MEMBER OF NOMINATING COMMITTEE ACKNOWLEDGE IN WRITING SAID
INELIGIBILITY.
APPOINTING BESS MCELROY, XAVIER CORTADA, PAUL R. PHILLIP, JACK
BLUMENFELD AND ROGER ROJAS LAVERNIA AS MEMBERS OF CIVILIAN INVESTIGATIVE
PANEL NOMINATING COMMITTEE. (See #2).
Chairman Regalado: We're waiting for your appointment or selection for the CIP (Civilian Investigative
Panel) Selection Committee. We already --
Commissioner Teele: Paul Phillips.
Chairman Regalado: No.
Commissioner Sanchez: Somebody already appointed him.
Chairman Regalado: He's already been appointed.
Commissioner Teele: Who appointed him?
Commissioner Sanchez: Johnny.
Chairman Regalado: He can serve twice.
Vice Chairman Winton: I had no idea, or I would have been glad to -- I have something --
Chairman Regalado: See. It shows that we really respect the Sunshine law.
Vice Chairman Winton: And we think a lot alike.
Chairman Regalado: That's true, too.
Commissioner Sanchez: That's scary.
Commissioner Teele: Mr. Chairman, before I make my appointment, I'd like to ask the City Attorney to
draft up a resolution to be considered today.
Chairman Regalado: Yes, sir.
Commissioner Teele: That would require that no member of the Nominating Committee will be eligible
to serve for one year after they resign or are no longer a member. The worst thing we can do with
something like this is create the thing that the public is complaining about, about government official's
revolving door. And I'm very concerned that members of the Nominating Committee may wind up
nominating themselves if there's not a prohibition, and I would ask --
Chairman Regalado: There is a prohibition. We discussed that within the framework of the ordinance. I
remembered that.
25 April 18, 2002
Commissioner Teele: I was informed by several people that I respect -- Mr. Chief, I think you and I
discussed this.
Chief Raul Martinez (Chief, Police Department): That's right, Commissioner. The ordinance, as it stands
right now -- and maybe the City Attorney can give me some more guidance -- even though it may have
been discussed, the actual ordinance does not -- doesn't have a prohibition that Nominating Committee
members cannot be appointed.
Commissioner Teele: Well, whether the ordinance has it or not --
Vice Chairman Winton: Right.
Commissioner Teele: -- there's nothing wrong with a resolution --
Vice Chairman Winton: Clarifying.
Commissioner Teele: -- that clarifies it and further requires that the Clerk of the City, prior to
administering an oath, shall have each applicant to sign that they understand that they cannot and may not
serve for one year after their term of service. In other words, they're not eligible for up to one year after
they've left. So, if anybody that's nominated chooses to decline, that would be their right to serve, but we
need to make it very clear that this isn't going to be something -- that's on the nominating -- members of
the Nominating Council may not serve or shall not be eligible to serve for one year, during the term of
their appointment and for one year thereafter.
Vice Chairman Winton: Second the motion.
Chairman Regalado:
OK.
Commissioner Teele:
Is there objection, Mr. Chairman?
Chairman Regalado:
No, sir, not at all.
Commissioner Teele:
Then I would call the question.
Chairman Regalado:
There is a -- you want to --
Commissioner Teele:
Well, that's on --
Chairman Regalado:
-- amend the ordinance or a resolution?
Commissioner Teele:
No, no. That's simply a resolution.
Chairman Regalado:
OK.
Commissioner Teele:
That's simply a resolution. But it further requires that the Clerk, prior to
administering the oath, shall have each person to acknowledge the resolution.
Chairman Regalado:
OK. All in favor say "aye."
The Commission (Collectively):
Aye.
26 April 18, 2002
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-418
A RESOLUTION OF THE MIAMI CITY COMMISSION RESTATING THE POLICY
THAT A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL NOMINATING
COMMITTEE SHALL NOT BE ELIGIBLE TO SERVE AS A MEMBER OF THE
CIVILIAN INVESTIGATIVE PANEL UNTIL ONE YEAR AFTER THE
COMPLETION OF THE DUTIES OF THE CIVILIAN INVESTIGATIVE PANEL
NOMINATING COMMITTEE; FURTHER DIRECTING THE CITY CLERK TO
ASSURE THAT EACH MEMBER OF THE NOMINATING COMMITTEE
ACKNOWLEDGE IN WRITING SAID INELIGIBILITY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following
vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: And I would nominate -- how many women have been nominated?
Chairman Regalado: None.
Commissioner Teele: I figured that. I'll nominate Bess McElroy.
Chairman Regalado: OK.
Vice Chairman Winton: Second.
Chairman Regalado: We have a motion and a second. All in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-419
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL
NOMINATING COMMITTEE.
27 April 18, 2002
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following
vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Chairman Regalado: OK.
Commissioner Teele: Now, is it the next procedure, the Mayor is going to be asked to --
Chairman Regalado: The Mayor is going to be -- it's already been requested that before next Thursday,
the 25`", the Mayor sends his five appointments, and the City Clerk should inform the members of the
Commission of the Mayor's appointments. And then, on the 25`'', we make a second round to complete
the 15 members of the Nominating Committee.
Commissioner Teele: So the Nominating Committee consists of 15 members, and the CIP will consist of
13 members?
Chairman Regalado: Nine.
Commissioner Teele: Is it 13 or nine?
Chairman Regalado: What's the total, eleven?
Vice Chairman Winton: Eleven or 13?
Chairman Regalado: Eleven.
Mario Chiaro (Assistant City Attorney): Thirteen members.
Chairman Regalado: Thirteen. I'm sorry. Thirteen.
Ms. Chiaro: One appointment by the Chief of Police and 12 appointments by the City Commission.
Commissioner Teele: Is it 12 or 13? Is it 13 or --
Chairman Regalado: Thirteen.
Ms. Chiaro: Thirteen members, one appointment by the Chief of Police and 12 by the City Commission.
Chairman Regalado: It was supposed to be 15, but Johnny didn't like the number. OK. We are closing,
for now, the continuance of the Regular City Commission meeting.
28 April 18, 2002
Note for the Record: Thereupon, the continuation of the April 11, 2002
Commission meeting was recessed at 2:19 p.m.
29 April 18, 2002