HomeMy WebLinkAboutCC 2001-01-11 MinutesCITY OF MIAMI
COMMISSION
MEETING
MINUTES
OF MEETING HELD ON JANUARY 11, 2001
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
INDEX
MINUTES OF CRA MEETING
JANUARY 11, 2001
ITEM NO. SUBJECT LEGISLATION
1. DISCUSSION ON MAYOR'S VETO OF RESOLUTION 1/11/01
00-1073 FROM DECEMBER 14, 2000 MEETING DISCUSSION
REGARDING WAIVER FOR FORMER CITY 2-5
EMPLOYEE JOHN LINDSAY.
2. (A) ABOLISH ECONOMIC DEVELOPMENT 1/11/01
COMMITTEE; AUTHORIZE TRANSFER OF $40,000 R-01-001
FROM COMMITTEE TO CITY'S PARKS M-01-002
DEPARTMENT FOR PURPOSE OF EMPLOYING 6-10
PART-TIME WORKERS DURING WEEKENDS,
INCLUDING HIGH SCHOOL KIDS, DURING SPRING
AND SUMMER OF 2001.
(B) COMMISSIONER REGALADO TO WORK WITH
ADMINISTRATION AND CONSULTANTS
ENGAGED TO PROVIDE CITY WITH PLAN TO
PROMOTE ECONOMIC DEVELOPMENT.
3. COMMISSIONER SANCHEZ COMMENDED CITY 1/11/01
ADMINISTRATION FOR EMPLOYING MEMBERS DISCUSSION
OF HOPE CENTER, A CENTER FOR VISUALLY 11
IMPAIRED.
4. CONSENT AGENDA
1/11/01
DISCUSSION
12-14
4.1 ACCEPT BID OF MR. CLEAN RELIABLE SERVICES 1/11/01
FOR ACQUISITION OF CUSTODIAL SERVICES FOR R-01-003
DEPARTMENT OF SOLID WASTE, $22,284. 14
4.2 ACCEPT BID OF HOPE CENTER, INC. FOR 1/11/01
ACQUISITION OF CUSTODIAL SERVICES FOR R-01-004
MANUEL ARTIME COMMUNITY CENTER FOR 15
DEPARTMENT OF CONFERENCES, CONVENTIONS
AND PUBLIC FACILITIES, $36,360.
4.3 ACCEPT BID OF MOTOROLA, INC. FOR 1/11/01
PROCUREMENT OF FORTY-FIVE EAR PIECES FOR R-01-005
MOTOROLA RADIOS, FOR DEPARTMENT OF 15
POLICE, $12,600; ALLOCATING FUNDS FROM LAW
ENFORCEMENT TRUST FUND.
4.4 ACCEPT BID OF DADE CONCRETE AND PUMPING 1/11/01
FOR PROCUREMENT OF READY MIX CONCRETE R-01-006
FOR DEPARTMENT OF PUBLIC WORKS, $213,000. 16
4.5 AUTHORIZE CAP ON USER FEE OF $25,000 PER 1/11/01
EVENT DAY FOR SOUL BEACH MUSIC FESTIVAL R-01-007
TO BE PRESENTED BY AR ENTERTAINMENT 16
MARKETING AT ORANGE BOWL STADIUM ON
MAY 31, JUNE 1 AND 2, 2001; SAID
AUTHORIZATION CONDITIONED UPON
PROMOTERS.
4.6 AUTHORIZE FUNDING OF DOMINICAN- 1/11/01
AMERICAN NATIONAL FOUNDATION, INC., R-01-008
$35,000, ALLOCATING FUNDS FROM LAW 17
ENFORCEMENT TRUST FUND.
4.7 ACCEPT DONATION OF POLICE SERVICE DOG, 1/11/01
FROM POLICE SERVICE DOGS, INC.; WITH R-001-009
ESTIMATED VALUE OF $5,500, FOR USE AND 17
BENEFIT OF DEPARTMENT OF POLICE CANINE
UNIT.
4.8 TRANSFER PORTION OF RIGHT-OF-WAY OF 1/11/01
NORTHWEST 14TH STREET AND NORTHWEST 18TH R-01-10
STREET TO JURISDICTION OF STATE OF FLORIDA 18
HIGHWAY SYSTEM.
4.9
APPROVE RECOMMENDATION OF MANAGER TO
1/11/01
SELECT FIRMS OF ERNST AND YOUNG, LLP AND
R-01-11
ABRAMSON AND ASSOCIATES, INC. TO PROVIDE
19
REAL ESTATE CONSULTING SERVICES TO
DEPARTMENT OF REAL ESTATE AND ECONOMIC
DEVELOPMENT TO ASSIST WITH DEVELOPMENT
AND/OR REDEVELOPMENT OF VARIOUS CITY-
OWNED PROPERTIES; $45,000 FOR EACH FIRM;
SHOULD NEGOTIATIONS NOT SUCCEED WITH
EITHER OF ABOVE-NAMED FIRMS. THEN
NEGOTIATE AGREEMENT IN SAME AMOUNT
WITH NEXT RANKED FIRM, REAL ESTATE
RESEARCH CONSULTANTS, INC.; ALLOCATING
FUNDS FROM STRATEGIC RESERVE INITIATIVE
FUNDS FOR FIRST YEAR.
4.10
DECLARE SEVEN PARCELS OF CITY-OWNED
1/1101
REAL PROPERTY LOCATED IN OVERTOWN
R-01-12
HOMEOWNERSHIP ZONE AS SURPLUS PROPERTY
20
AND DESIGNATE HABITAT FOR HUMANITY OF
GREATER MIAMI, INC. AS DEVELOPERS FOR
THIRTEEN NEW SINGLE -FAMILY HOMES,
AFFORDABLE TO VERY LOW, LOW AND/OR
MODERATE-INCOME FAMILIES AND/OR
INDIVIDUALS.
4.11
AUTHORIZE MANAGER TO ACCEPT QUIT CLAIM
1/11/01
DEED FROM STATE OF FLORIDA DEPARTMENT
R-01-13
OF COMMUNITY AFFAIRS FOR CONVEYANCE TO
21
CITY OF STATE'S INTEREST TO THAT PROPERTY
LOCATED AT 5925-27 NORTHEAST 2ND AVENUE,
KNOWN AS CARIBBEAN MARKETPLACE.
4.12
AUTHORIZE MANAGER TO ACCEPT
1/11/01
CONVEYANCE OF PROPERTY LOCATED AT 613
R-01-14
NORTHWEST 7TH STREET ROAD FROM EAST
21
COAST ADVERTISING, INC.
4.13
AUTHORIZE MANAGER TO EXECUTE
1/11/01
AMENDMENT TO MANAGEMENT AGREEMENT
R-01-15
BETWEEN CITY AND SPRING GARDEN CIVIC
22
ASSOCIATION, INC. FOR MANAGEMENT,
OPERATION AND MAINTENANCE OF SPRING
GARDEN POINT PARK AND TO INCLUDE
MANAGEMENT, OPERATION AND MAINTENANCE
OF PROPERTY LOCATED AT 613 NORTHWEST 7TH
STREET ROAD CONTINGENT UPON PROPERTY
BEING CONVEYED TO CITY FROM EAST COAST
ADVERTISING INC.
5.
(A) TEMPORARILY DEFER CONSIDERATION OF
1/11/01
MIAMI JAZZ FESTIVAL, TO BE HELD JANUARY 13-
M-01-16
14, 2001 AT BAYFRONT PARK (See #15 &47)
23-28
(B) COMMISSIONER REGALADO REQUESTED
THAT TO REINTRODUCE CONSIDERATION OF
PROPOSED WAIVER OR REDUCTION OF FEES IN
CONNECTION WITH BOXING EVENT TO BENEFIT
CYSTIC FIBROSIS, WHICH WILL BE TELEVISED BY
TELEMUNDO NETWORKS (See #56).
6.
DISCUSSION CONCERNING REPORT FROM
1/11/01
ADMINISTRATION IN REGARDS TO
DISCUSSION
IMPLEMENTATION OF CHANGES MADE TO
29
ORDINANCE REGULATING ADULT LIVING
FACILITIES.
7.
MANAGER TO DIRECT MIAMI POLICE CHIEF TO
1/11/01
REVIEW POSSIBILITY OF RELOCATING POLICE
M-01-17
HORSE STABLES FROM TROPICAL PARK INTO
30-32
CITY (SEWELL PARK, MORNINGSIDE PARK,
ROBERT KING HIGH PARK OR LOT AT N.E. 2ND
AVENUE AND 19TH STREET, NEXT TO
CEMETERY); MANAGER TO COME BACK WITH
RECOMMENDATION OF SITE AND SOURCE OF
FUNDING FOR SAME.
8. RELATING TO EMPOWERMENT ZONE; 1/11/01
COORDINATION OF PROJECTS FROM DISCUSSION
EMPOWERMENT ZONE AND CITY'S 33-41
MANAGEMENT (INCLUDING FINANCE
DEPARTMENT, DOWNTOWN DEVELOPMENT
AUTHORITY, COMMUNITY REDEVELOPMENT
AGENCY, MIAMI SPORTS AND EXHIBITION
AUTHORITY, AND OTHERS).
9. MS. BARBARA REY ADDRESSED COMPLAINTS 1/11/01
FROM RESIDENTS OF SOUTHWEST 29TH AVENUE DISCUSSION
THAT THEIR STREET IS UNPAVED AND HAS NO 42-47
DRAINAGE.
10. GRANT WAIVER OF RENTAL FEES FOR JOSEFINA 1/11/01
CASTANO KIDNEY FOUNDATION AT MANUEL R-01-18
ARTIME COMMUNITY CENTER NOT TO EXCEED 48-49
NINETY DAYS.
11. DEFER PROPOSED NEWSRACK REGULATIONS. 1/11/01
M-01-19
M-01-20
M-01-21
50-55
12. (A) APPROVE AND CONFIRM MANAGER'S
1/11/01
FINDING OF EMERGENCY, WAIVE
R-01-22
REQUIREMENTS FOR COMPETITIVE SEALED
M-01-23
BIDDING PROCEDURES, AND AUTHORIZE
56-64
ACQUISITION OF SERVICES FOR DEPARTMENT
OF PUBLIC WORKS FOR CAPITAL IMPROVEMENT
PROJECT ENTITLED MODEL CITY ROADWAY
IMPROVEMENTS, LOCATED AT NORTHWEST 41sT
STREET BETWEEN NORTHWEST 12TH AND
NORTHWEST 17TH AVENUES AND DESIGN
ENGINEERING SERVICES OF $100,000, AND
AWARD CONSTRUCTION CONTRACT TO LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER,
$650,000.
(B) MANAGER TO INSTRUCT DIRECTOR OF PUBLIC
WORKS TO CONDUCT CITYWIDE ROAD CONDITION
SURVEY OF ALL STREETS IN CITY IN NEED OF
REPAIRS; TO BRING BACK PRIORITY LIST
IDENTIFYING FUNDS TO ADDRESS THIS MATTER AT
MEETING CURRENTLY SCHEDULED FOR MARCH 22,
2001.
(C) ADMINISTRATION TO DEVELOP
COMPREHENSIVE STRATEGY, WHICH WOULD
REQUIRE COLLECTION OF IMPACT FEES,
INCONVENIENCE FEES, ETC. FROM ENTITIES
WHO EXCAVATE CITY STREETS.
13. ACCEPT REQUEST TO PAY LEGAL FEES FOR TWO
1/11/01
CASES: HENRY LLORELLA AND FRANK TAYLOR;
M-01-24
CITY ATTORNEY TO COME BACK WITH
65-70
RECOMMENDATION ON APPROPRIATE FEES FOR
SAME.
14. SECOND READING ORDINANCE: ESTABLISH
INITIAL RESOURCES AND APPROPRIATIONS FOR
NEW SPECIAL REVENUE FUND ENTITLED:
"LOCAL LAW ENFORCEMENT BLOCK GRANT V
PROGRAM," AND APPROPRIATE $2,821,192 TO
SAID FUND, CONSISTING OF GRANT RECEIVED
FROM U.S. DEPARTMENT OF JUSTICE, $2,539,073,
AND MATCHING FUNDS FROM CITY, $282,119
FROM DEPARTMENT OF POLICE GENERAL
OPERATING BUDGET; PROVIDING FOR
APPROPRIATION TO SAID FUND OF ANY
INTEREST EARNED FROM FISCAL YEAR 2000-2001
AND FISCAL YEAR 2001-2002.
15. TABLED: DISCUSSION RELATED TO PROPOSED
WAIVER OF FEES FOR MIAMI JAZZ FESTIVAL
AND CELEBRITY BOXING EVENT, WHICH EVENT
IS TO BE INTERNATIONALLY TELEVISED BY
TELEMUNDO NETWORKS TO BENEFIT CYSTIC
FIBROSIS FOUNDATION (See #5,47 & 56).
16. ESTABLISH NEW SPECIAL REVENUE FUND
ENTITLED: "MIAMI-DADE COUNTY EMS GRANT
AWARD (FY `2000-01)," AND APPROPRIATE FUNDS
FOR OPERATION OF SAME, $113,304.80,
CONSISTING OF GRANT APPORTIONED BY
MIAMI-DADE COUNTY FROM STATE OF FLORIDA
DEPARTMENT OF HEALTH "GRANT PROGRAM
FOR COUNTIES".
17. FAILED: PROPOSED AMENDMENT TO SECTION 2-
1144.4 OF CITY CODE ENTITLED
"ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/PARKS ADVISORY BOARD," TO
PROVIDE CHAIRPERSON OF PARKS ADVISORY
BOARD MAY EXCUSE ABSENCE OF BOARD
MEMBER IF MEMBER'S ABSENCE IS DEEMED
UNAVOIDABLE.
1/11/01
ORDINANCE
NO. 12013
71-72
1/11/01
TABLED
73
1/11/01
ORDINANCE
NO. 12014
74-75
1/11/01
DISCUSSION
76-79
18. SECOND READING ORDINANCE: ESTABLISH NEW
SPECIAL REVENUE FUND ENTITLED: "GOLD SEAL
ACCREDITATION PROJECT FY 2000-2001" AND
APPROPRIATE FUNDS FOR ITS OPERATION,
$12,000, CONSISTING OF GRANT FROM MIAMI-
DADE COUNTY DEPARTMENT OF HUMAN
RESOURCES, CHILD DEVELOPMENT SERVICES
DIVISION.
19. SECOND READING ORDINANCE: AMEND
SECTIONS 2-885 AND 2-1152 OF CITY CODE
ENTITLED "ADMINISTRATIONBOARDS,
COMMITTEES, COMMISSIONS" TO CHANGE
PROCESS BY WHICH VACANCIES ON
COMMUNITY RELATIONS BOARD ARE FILLED.
20. FIRST READING ORDINANCE: ESTABLISH
SPECIAL REVENUE FUND ENTITLED: "911
WIRELESS EMERGENCY COMMUNICATIONS
ACT," BY ESTABLISHING INITIAL RESOURCES
AND APPROPRIATIONS AND AUTHORIZING
$379,173.56, CONSISTING OF FUNDS FROM FEES
IMPOSED BY STATE OF FLORIDA WIRELESS 911
BOARD; DEPARTMENT OF MANAGEMENT
SERVICES; PROVIDING FOR APPROPRIATION TO
SAID FUND OF ANY FUTURE FEES COLLECTED.
21. FIRST READING ORDINANCE: AMEND
ORDINANCE NO. 11759 WHICH ESTABLISHED
INITIAL RESOURCES AND APPROPRIATIONS FOR
SPECIAL REVENUE FUND ENTITLED "COPS MORE
98," BY INCREASING SAID APPROPRIATIONS,
$750,376, CONSISTING OF ADDITIONAL GRANT
FROM U.S. DEPARTMENT OF JUSTICE FOR
CONTINUED SUPPORT OF CIVILIAN POSITIONS
AWARDED UNDER COPS MORE 98 PROGRAM.
1/11/01
ORDINANCE
NO. 12015
80-81
1/11/01
ORDINANCE
NO. 12016
82-83
1/11/01
FIRST READING
ORDINANCE
84-85
1/11/01
FIRST READING
ORDINANCE
86-87
22. FIRST READING ORDINANCE: AMEND
ORDINANCE NO. 11167, WHICH ESTABLISHED
INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR SPECIAL REVENUE FUND
ENTITLED "OPERATION C.A.R.S." TO INCREASE
APPROPRIATIONS TO $40,764, CONSISTING OF
GRANT FROM STATE OF FLORIDA MOTOR
VEHICLE THEFT PREVENTION AUTHORITY.
23. FIRST READING ORDINANCE: ESTABLISH NEW
SPECIAL REVENUE FUND ENTITLED: "SOLID
WASTE REDUCTION: RECYCLING AND
EDUCATION (FY' 01)" AND APPROPRIATING
FUNDS FOR DEVELOPMENT AND
IMPLEMENTATION OF SAME, $214,155,
CONSISTING OF TWO GRANTS FROM STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL
REGULATION: (1) RECYCLING AND EDUCATION
GRANT, $174,155, AND (2) WASTE TIRE GRANT,
$40,000.
1/11/01
FIRST READING
ORDINANCE
88-89
1/11/01
FIRST READING
ORDINANCE
90-91
24. TABLED: PROPOSED PROCUREMENT OF 1/11/01
UNIFORM CLOTHING AND ACCESSORIES FOR TABLED
DEPARTMENT OF POLICE (See #26). 92
25. ACCEPT PLAT ENTITLED "JESSE DANIEL 1/11/01
SUBDIVISION". R-01-25
93
26. APPROVE AND CONFIRM MANAGER'S FINDING 1/11/01
OF EMERGENCY, WAIVE REQUIREMENTS FOR R-01-26
COMPETITIVE SEALED BIDDING PROCEDURES, 94-95
AND AUTHORIZE PROCUREMENT OF UNIFORM
CLOTHING AND ACCESSORIES FOR
DEPARTMENT OF POLICE FROM MARTIN'S
LAMAR UNIFORMS, $9,950; ALLOCATING FUNDS
FROM POLICE GENERAL OPERATING BUDGET
(See #24).
27.
DEFER CONSIDERATION OF PROPOSED
1/11/01
CONTINUED ENGAGEMENT OF LAW FIRM OF
M-01-27
TEW, CARDENAS IN MATTER OF CITY OF MIAMI
96-99
BOND OFFERINGS.
28.
AUTHORIZE DIRECTOR OF FINANCE TO PAY
1/11/01
BONNIE SMITH AND CHARMAINE BEAUMONT,
R-01-28
WITHOUT ADMISSION OF LIABILITY, $50,000, IN
100-101
SETTLEMENT OF ALL CLAIMS AGAINST CITY AND
RAMON CARR, FOR CASE BONNIE SMITH,
INDIVIDUALLY AND AS NATURAL GUARDIAN AND
NEXT BEST FRIEND OF CHARMAINE BEA UMONT, A
MINOR; AND JOSE VASQ UEZ, INDIVIDUALLY VS.
CITY POLICE DEPARTMENT, RAMON CARR;
ALLOCATING FUNDS FROM SELF-INSURANCE
AND INSURANCE TRUST FUND.
29.
(A) TABLED: PROPOSED RAUL SOSA AND MAURA
1/11/01
SOSA $380,000, SETTLEMENT. (See #37).
TABLED
(B) TABLED: PROPOSED MEMORANDUM OF
102
AGREEMENT BETWEEN CITY, WYNWOOD TOWER
APARTMENTS, LTD., STATE OF FLORIDA DIVISION
OF HISTORIC RESOURCES (HISTORIC
PRESERVATION OFFICER), AND MIAMI-DADE
COUNTY, TO ALLOW FOR CONSTRUCTION OF
PROPOSED WYNWOOD TOWER APARTMENTS
PROJECT IN EDGEWATER NEIGHBORHOOD (SEE
#36).
30.
APPOINT RAFAEL MAS AS MEMBER OF HEALTH
1/11/01
FACILITIES AUTHORITY.
R-01-29
103-104
31. APPOINTING SONNY ARMBRISTER AS MEMBER 1/11/01
OF PARKS ADVISORY BOARD. R-01-30
105
32. TABLED: APPOINTMENTS TO MIAMI SPORTS AND 1/11/01
EXHIBITION AUTHORITY (MSEA) (See #38). TABLED
106
33. APPOINT JAMES WELLINGTON AS REGULAR 1/11/01
MEMBER OF WATERFRONT ADVISORY BOARD. R-01-31
107-108
34.
SCHEDULE SPECIAL COMMISSION MEETING ON
1/11/01
FEBRUARY 15, 2001 AT 9:30 A.M. TO CONSIDER
M-01-32
REALLOCATION OF FUNDS FROM PRIOR YEAR
109-111
CLOSED OUT COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROJECTS.
35.
ACCEPT BIDS OF LEASING ASSOCIATES AND
1/11/01
ABRAHAM CHEVROLET—MIAMI, INC. (D/B/A
R-01-33
MAROONE CHEVROLET OF MIAMI), FOR LEASE
112-113
OF VEHICLES FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION TO BE UTILIZED BY
VII'/CITY OFFICIALS ON AN AS -NEEDED
CONTRACT BASIS, $156,824.40; ALLOCATING
FUNDS FROM BUDGETS OF VARIOUS USE
DEPARTMENTS.
36.
AUTHORIZE MANAGER TO EXECUTE
1/11/01
MEMORANDUM OF AGREEMENT BETWEEN CITY,
R-01-34
WYNWOOD TOWER APARTMENTS, LTD., STATE
114-116
OF FLORIDA DIVISION OF HISTORIC RESOURCES
(HISTORIC PRESERVATION OFFICER), AND
MIAMI-DADE COUNTY, TO ALLOW FOR
CONSTRUCTION OF PROPOSED WYNWOOD
TOWER APARTMENTS PROJECT IN EDGEWATER
NEIGHBORHOOD (See #29).
37.
AUTHORIZE DIRECTOR OF FINANCE TO PAY
1/11/01
RAUL SOSA AND MAURA SOSA $380,000, IN FULL
R-01-35
SETTLEMENT OF ALL CLAIMS AGAINST CITY,
117-122
FOR RAUL SOSA AND MAURA SOSA, HIS WIFE VS.
CITY, ET AL.; ALLOCATING FUNDS FROM SELF-
INSURANCE AND INSURANCE TRUST FUND (See
#29).
38.
APPOINT INDIVIDUALS AS MEMBERS OF MIAMI
1/11/01
SPORTS AND EXHIBITION AUTHORITY (MSEA):
R-01-36
COMMISSIONER JOHNNY WINTON (AS VICE
123-125
CHAIRMAN), SAM GENTRY, ELI FEINBERG,
ORLANDO GARCIA, JR., DIEGO GARCIA,
MARIANNE SALAZAR, CARLOS MARTELL, AL
HUSTON AND LARRY PIERRE (See #32).
39. DEFER APPOINTMENTS TO CHARTER REVIEW 1/11/01
AND REFORM COMMITTEE. DISCUSSION
126
40.
COMMENTS BY JACK KING REGARDING TERMS
1/11/01
FOR BOARD MEMBERS; SHOULD BE CONSISTENT
DISCUSSION
WITH TERMS OF COMMISSIONERS.
127
41.
APPOINT DAVID BERLEY AS MEMBER OF
1/11/01
FINANCE COMMITTEE.
R-01-37
128
42.
APPOINT GEMA RUIZ AS MEMBER OF PROPERTY
1/11/01
AND ASSET REVIEW COMMITTEE.
R-01-38
129
43.
DEFER APPOINTMENT TO LITTLE HAVANA
1/11/01
FESTIVAL COMMITTEE.
DISCUSSION
130
44.
APPOINT MICHAEL SPETKO AND DANA MANNER
1/11/01
AS REGULAR MEMBERS OF PLANNING
R-01-39
ADVISORY BOARD.
M-01-39.1
131-137
45. APPOINTING JOSEPH GANGUZZA, ALLAN 1/11/01
SHULMAN AND CHARLES J. FLOWERS AS R-01-40
REGULAR MEMBERS OF THE ZONING BOARD. -- M-01-41
CITY CLERK TO READVERTISE FOR ADDITIONAL 138-141
APPLICATIONS TO PLANNING ADVISORY BOARD
AND ZONING BOARD.
46. APPOINT JESSICA SHAPIRO, PEDRO PABLO PENA, 1/11/01
TONY WAGNER AND JUAN CARLOS ESPINOSA AS R-01-42
MEMBERS OF CULTURAL AND FINE ARTS 142-143
BOARD.
47. MIAMI JAZZ FESTIVAL HOSTED BY MIAMI JAZZ 1/11/01
FESTIVAL, INC. TO BE HELD JANUARY 13-14,2001 R-01-43
AT BAYFRONT PARK; AUTHORIZE CO- 144-151
SPONSORSHIP OF EVENT BY CITY AND WAIVER
OF ALL FEES PERMISSIBLE BY CITY CODE,
CONDITIONED UPON ORGANIZERS (See #5 &15).
48. DISCUSS AND TABLE: CONSIDERATION OF 1/11/01
APPROVING SUBSTANTIAL MODIFICATION TO DISCUSSION
PREVIOUSLY APPROVED MAJOR USE SPECIAL 152-174
PERMIT FOR ONE MIAMI PROJECT, LOCATED AT
205 BISCAYNE BOULEVARD (See #62).
49. AUTHORIZE MANAGER TO EXPEND $100,000 FOR 1/11/01
CONSULTANT SERVICES SPECIFICALLY M-01-44
INCLUDING USE OF FINANCIAL ADVISOR IN 175-189
EVALUATION OF PROPOSALS FOR PROPOSED
BASEBALL STADIUM (MARLINS).
50.
DISCUSSION CONCERNING PUBLIC WORKS
1/11/01
INFRASTRUCTURE IMPROVEMENTS AS
DISCUSSION
CONTAINED IN MOODY'S REPORT.
190-194
51.
STATUS REPORT CONCERNING ISSUES OF
1/11/01
INFRASTRUCTURE DISREPAIR IN COCONUT
DISCUSSION
GROVE BUSINESS DISTRICT RAISED BY MS.
195-208
ELENA CARPENTER AND SILVIA CEJAS.
52.
ACCEPT DONATION OF $30,000.00 FOR
1/11/01
DEPARTMENT OF PARKS AND RECREATION
R-01-45
FROM RALSTON PURINA COMPANY OF GOODS
209-210
AND SERVICES AND CERTAIN CAPITAL
IMPROVEMENTS, INCLUDING TWO KIOSKS, AT
NO COST TO THE CITY, AT BLANCHE AND
KENNEDY PARKS, WHICH PARKS ARE
DESIGNATED AS DOG PARKS IN CITY.
53.
MANAGER TO INSTRUCT ALL RELEVANT CITY
1/11/01
DEPARTMENTS AND AGENCIES TO INITIATE ALL
R-01-46
PROCESSES AND ACTIONS, INCLUDING
211-213
PREPARATION OF LEGISLATION TO AMEND CITY
CODE, TO ESTABLISH UNIFORM PARKING LOT
STANDARDS AND CRITERIA AND PROVIDE FOR
ENFORCEMENT THEREOF FOR AREA LOCATED
WITHIN BOUNDARIES OF OMNI AND
OVERTOWN/PARK WEST REDEVELOPMENT
DISTRICTS.
54. (A) CITY ATTORNEY AND MANAGER TO
RESEARCH REQUIREMENT OF MAYOR'S
SIGNATURE ON PROTOCOL DOCUMENTS
(COMMENDATIONS AND PROCLAMATIONS);
DIRECTING THAT PROTOCOL RESOLUTIONS BE
PREPARED WITHOUT MAYOR'S SIGNATURE (See
#57).
(B) DISCUSSION CONCERNING ESTABLISHMENT
OF SERGEANT AT ARMS CLASSIFICATION FOR
MAYOR'S OFFICE (See #57).
55. MANAGER TO PREPARE UNIFORM POLICY
REGARDING CITY'S ROLE IN SPONSORING OR
CO -SPONSORING EVENTS AND PARADES; SAID
POLICY SHOULD CONTAIN PROVISION THAT
PREVENTS CITY FROM SPONSORING OR CO-
SPONSORING ANY PARADE THAT IS ORGANIZED
BY PRIVATE FOR-PROFIT ENTITY; MANAGER TO
BRING SAID POLICY BACK FOR COMMISSION
CONSIDERATION.
56. AUTHORIZE AND DIRECT MANAGER TO WAIVE
RENTAL FEE OF COCONUT GROVE CONVENTION
CENTER, $2,000 FOR CELEBRITY BOXING EVENT
ON MARCH 10, 2001, WHICH EVENT IS TO BE
INTERNATIONALLY TELEVISED BY TELEMUNDO
NETWORKS TO BENEFIT CYSTIC FIBROSIS
FOUNDATION (See #5 & 15).
1/11/01
DISCUSSION
214-217
1/11/01
M-01-47
218-219
1/11/01
M-01-48
220-221
57. (A) MANAGER TO PREPARE ALL NECESSARY
DOCUMENTS, INCLUDING PROPOSED BUDGET
AMENDMENT AND REORGANIZATIONAL CHART,
TO TRANSFER OFFICE OF PROTOCOL FROM
MAYOR'S OFFICE TO MANAGER'S OFFICE;
MANAGER TO BRING THIS ISSUE BACK FOR
COMMISSION CONSIDERATION, REVIEW AND
APPROVAL AT NEXT COMMISSION MEETING (See
#54).
(B) MANAGER TO BRING BACK AT NEXT
SCHEDULED COMMISSION MEETING
RECOMMENDATION CONCERNING SERGEANT OF
ARMS POSITION FOR LEGISLATIVE BODY AND
EXECUTIVE SECURITY CLASSIFICATION FOR
MAYOR, INCLUDING FULL DETAILS
CONCERNING DUTIES AND RESPONSIBILITIES
FOR BOTH POSITIONS, ALONG WITH BUDGET
ALLOCATIONS; MANAGER TO PROVIDE FUNDING
FOR MAYOR'S EXECUTIVE SECURITY POSITION
AT LEVEL THAT MAYOR DEEMS APPROPRIATE
FOR SAID POSITION (See #54).
58. EMERGENCY ORDINANCE: AMEND ORDINANCE
NO. 11869, WHICH ESTABLISHED INITIAL
RESOURCES AND APPROPRIATIONS FOR SPECIAL
REVENUE FUND ENTITLED: "STOP ACTIVE
VANDALISM EVERYWHERE (SAVE) GRANT,"
THEREBY INCREASING SAID APPROPRIATION
$239,520, CONSISTING OF GRANT FROM MIAMI-
DADE COUNTY $179,640 AND PROVISION OF
REQUIRED MATCHING FUNDS FROM CITY
$59,880, WHICH IS 25% OF TOTAL OF ALL COSTS
FOR OPERATION OF PROGRAM; ALLOCATE
REQUIRED MATCHING FUNDS FROM LAW
ENFORCEMENT TRUST FUND.
1/11/01
M-01-49
M-01-50
222-224
1/11/01
ORDINANCE
NO. 12017
225-227
59.
STRONGLY OPPOSE ANY PROPOSED
1/11/01
LEGISLATION TO ASSIGN SOLE CONTROL OF
R-01-51
DELIVERY OF POSTSECONDARY WORKFORCE
228-229
EDUCATION PROGRAMS TO STATE COMMUNITY
COLLEGE SYSTEM; AND URGE FLORIDA
LEGISLATURE TO MAINTAIN CURRENT DUAL
DELIVERY SYSTEM BY CONTINUING
APPROPRIATIONS FOR ADULT AND
POSTSECONDARY VOCATIONAL PROGRAMS TO
BE CONDUCTED BY MIAMI-DADE COUNTY
PUBLIC SCHOOL SYSTEM.
60.
ENDORSE CONCEPT OF "AMBER ALERT"
1/11/01
PROGRAM WHICH REQUIRES TIMELY PUBLIC
R-01-52
NOTICE OF CHILD ABDUCTIONS AND
230-231
ENCOURAGE LAW ENFORCEMENT AGENCIES OF
MIAMI -DADS COUNTY AND ALL ITS
INCORPORATED MUNICIPALITIES TO REVIEW
PROGRAM AND OTHER SIMILAR PROGRAMS FOR
POTENTIAL IMPLEMENTATION.
61.
MANAGER TO HAVE MIAMI POLICE
1/11/01
DEPARTMENT REVIEW MINOR CRIME INCIDENT
DISCUSSION
OF MAN WHO WAS ARRESTED ON BICYCLE AND
232
ISSUE APPROPRIATE STATEMENT AFTER
COMPLETION OF SAID REVIEW.
62.
RECONSIDER PRIOR VOTE TAKEN ON
1/11/01
RESOLUTION 00-1137, RELATED TO
M-01-53
MODIFICATION TO MAJOR US+E SPECIAL PERMIT
M-01-54
FOR ONE MIAMI PROJECT LOCATED AT 205
233-235
BISCAYNE BOULEVARD AND SCHEDULE
CONSIDERATION OF SAID ISSUE AT JANUARY 25,
2001 COMMISSION MEETING.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 11th day of January 2001, the City Commission of Miami, Florida, met at its regular
meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session.
The meeting was called to order at 9:39 a.m. by Presiding Officer/Commissioner Wifredo Gort
with the following members of the Commission found to be present:
Commissioner Wifredo Gort (District 1)
Commissioner Johnny L. Winton (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado (District 4)
ALSO PRESENT:
Carlos Gimenez, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Sylvia Lowman, Assistant City Clerk
ABSENT:
Commissioner Arthur E. Teele, Jr. (District 5)
An invocation was delivered by Commissioner Regalado, after which, Commissioner Sanchez led
those present in a pledge of allegiance to the flag.
1 1/11/01
Vice Chairman Gort: Do you know if Commissioner Teele is here? Anybody get a hold of his office?
Commissioner Teele's office.
(INAUDIBLE COMMENT)
Vice Chairman Gort: It's our first order of business.
(INAUDIBLE COMMENT)
Commissioner Winton: Let's do that first. You better do that then.
Commissioner Sanchez: Did anybody check with Teele's office?
(INAUDIBLE COMMENT)
Vice Chairman Gort: He's coming in?
Unidentified Speaker: Yeah. He may be outside.
(INAUDIBLE COMMENT)
Vice Chairman Gort: OK. First order of business is we have a veto from the Mayor's office.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: I don't know if -- Mr. City Attorney, do we need the five members in order to
act on the veto?
Alejandro Vilarello (City Attorney): No. If you wish to override the veto, you would be required to
override it with a four-fifths vote. So you'd have a unanimous vote of the members present.
Commissioner Regalado: OK. Mr. Chairman, we have a veto from the Mayor regarding a waiver that
was approved, five to zero, by the City Commission. We have -- and I'm sure that you all have the
response of Mr. Lindsay regarding the vacant clipping service. Also, the City Attorney's opinion on this
case, I don't know if you all have read that information, but in order to expedite, I will move to override
the Mayor's veto on the John Lindsay waiver.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Sanchez: Second for the purpose of discussion on the item.
2 1/11/01
Vice Chairman Gort: Discussion.
Commissioner Sanchez: Mr. Vice Chairman, I do have some questions. Commissioner Regalado sent a
memo to the City Attorney asking several questions, which there is one that I would like an answer for. I
did not receive a copy of the response from the City Attorney's Office. But one of the questions states:
Our Assistant City Manager is authorized to enter into a contract, following orders from the City
Manager. Mr. City Attorney?
Mr. Vilarello: The City Manager may authorize employees of the City under his supervision to execute
agreements on behalf of the City, if the Manager specifically authorizes them.
Commissioner Sanchez: OK. So there -- you know, there's two sides to every mountain. And I was -- I
received, just like everybody else, a response from this -- from the other party, which is Mr. John Lindsay,
who basically -- and I'm sure each and every one of you got a copy of this.
Commissioner Winton: I didn't.
Vice Chairman Gort: I didn't.
Commissioner Sanchez: You did not get a copy of it?
Vice Chairman Gort: I didn't get a copy of it.
Commissioner Winton: If I got one, I haven't seen it.
Commissioner Regalado: Yeah. It was given to your office yesterday morning.
Commissioner Sanchez: Well, I have one.
Commissioner Winton: Oh, was it? OK.
Commissioner Regalado: I have it here. I'll give it to you.
Commissioner Winton: Thank you.
Commissioner Sanchez: And by no form is this a forum to challenge the Mayor. He has every right to
veto an item. That is one of the powers and authority that he holds as being the Mayor of the City of
Miami. But he clearly says here in this letter, which we can provide you a copy of that Mr. John Lindsay
was just basically following orders from the City Manager. And that is why he did that. And there's -- it
goes on of why it went over -- and let me just state for the record that I was one that voted against this,
because there was clearly a violation of the City Charter, without a doubt on it. Now, I have one question
for the City Manager now. He was discharged May the 10th, or terminated by the interim City Manager.
The cause for his termination was just changing of the guards. Correct? You wanted to bring in your own
people, like usually it happens?
1/11/01
Carlos Gimenez (City Manager): Yes, sir.
Commissioner Sanchez: OK. So it had nothing to do with this, pertaining to this incident.
Mr. Gimenez: I didn't know anything about that until later.
Commissioner Sanchez: Yeah.
Vice Chairman Gort: I'm sorry, what was that statement?
Commissioner Sanchez: Huh?
Vice Chairman Gort: What was that statement?
Commissioner Sanchez: The statement was that it had nothing to do with this, with this incident. I was
just a changing of the guards, which the new City Manager could bring in his own people. So basically,
you know, he's stating clearly here -- and it goes beyond other things that are irrelevant, and I'm not even
going to bring up. But it clearly states that he was following orders from the City Manager -- from the
City Manager at that time, which was Donald Warshaw, and that is why he did it. And there are other
allegations that are in this letter, which I think are irrelevant, and I don't even want to bring up, because
it'll probably be an embarrassment to the City. But, you know, looking at it -- and I just seconded it for
the purpose of discussion -- was that I feel that he was just following orders. He is the Assistant City
Manager. The City Manager told him to do something, and he did. And that is why that we're here on
this issue today. Anybody else?
Vice Chairman Gort: Any further discussion? Commissioner Winton.
Commissioner Winton: Well, I have to read this first.
Vice Chairman Gort: Well, unfortunately, one of the things we talked about, my understanding is no
funding above five thousand dollars ($5,000) can be approved by the Manager or anyone beyond the
Commission's concern. And one of the things that we're trying to do -- and I voted in favor of paying the
eighteen thousand dollars ($18,000), although it was not approved by us, because it was a mistake made
by someone within the administration. And we've stated in the past -- and I'm sorry it happens to be this
case, and it happens to be this gentleman, because I believe he is a great person. But unfortunately, we
have said that we have to teach the lessons to the individuals in here. I mean, as Assistant City Manager,
he should have been aware that there's no way he can approve an expenditure of eighteen thousand dollars
($18,000) without it being approved by the Commissioners, and I think that's something that we stated in
the past. I just want to say that. Commissioner Winton.
Commissioner Winton: Well, I think I -- Commissioner Gort, I have to agree with you. And I feel, you
know, I've always -- I liked John Lindsay. I thought he was doing a good job when he was in that job.
And I remember clearly at least one or two meetings with the Manager at the time where I was informed
that the Mayor had said that we've got to get -- we need to be working on things to get more press. And
so that's all I knew. I didn't know anything about clippings or anything else. But the fact is that the
Assistant City Manager should -- So regardless of what the Mayor wanted, if it cost dollars, there's still
4 1/11/01
an obligation on the part of those responsible for managing our budget, and an Assistant City Manager
would know that and has that responsibility -- knows that we've got a -- I think it's a forty-five hundred
dollar ($4,500) threshold that you can't exceed. And so whether someone ordered it or not, in my mind is
irrelevant to the primary point, which is you can't spend taxpayer dollars over and above forty-five
hundred dollars ($4,500) without authorization from the City Commission. And so I think that is a
problem in my mind that we have to deal with here.
Commissioner Sanchez: Mr. Vice Chairman, at this time --
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: At this time, I would like to withdraw my second.
Vice Chairman Gort: The second has been withdrawn. Does any -- anyone else who would like to second
the motion? Anyone else like to second the motion? The motion dies because of lack of a second
1/11/01
Vice Chairman Gort: In the consent --
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: If I may, I would like to announce that as a pocket item, I will be asking the
members of the Commission to approve a motion dissolving, abolishing the Economic Development
Committee, and using the forty thousand dollars ($40,000) that were approved by this Commission to
employ part-time workers in the Parks Department in the next five or six months during the weekends,
since we don't have part-time workers. I have to do this, because I have to stand by the members of the
only committee that I chair. Their will was that Mr. Lindsay will help the committee, and I am not going
to let them down. So I would rather ask you to support me in abolishing the Economic Development
Committee and using the forty thousand dollars ($40,000) that have not been used in the next four months,
but especially in the summer, to employ part-time workers in the City parks. So that would be a pocket
item that I will be presenting later on. If you want to, can we do it now and just get it out of the way?
And --
Vice Chairman Gort: You can do it right now if you want. That's no problem.
Commissioner Regalado: Well, I'd like to present a motion abolishing the Economic Development
Committee and using the forty thousand dollars ($40,000) approved by the Commission for the work of
this committee to fund part-time workers during weekends in the spring and the summer in several parks
of the City of Miami.
Commissioner Sanchez: What --
Commissioner Regalado: Forty, forty thousand dollars ($40,000).
Vice Chairman Gort: Would you accept a friendly amendment?
Commissioner Regalado: Yeah.
Vice Chairman Gort: That those funds be used for the high school kids coming out during the summer?
Commissioner Regalado: Absolutely.
Vice Chairman Gort: OK.
6 1/11/01
Commissioner Regalado: I mean, it's a good cause. I think that the Economic Development Committee
would have brought good ideas to the Commission, but I really think that we need people in the parks. So
I move to use that forty thousand dollars ($40,000), starting in the spring, to hire part-time workers.
Vice Chairman Gort: Which, by the way, those funds came out of surplus from your office and my office.
Commissioner Regalado: I'm sorry?
Vice Chairman Gort: Those funds came out with surplus you had from your budget and my budget.
Commissioner Regalado: No, not from my office. From your office, there was some. My office
surpluses are being used for the Flagami Police Department.
Vice Chairman Gort: Right. OK. Thank you, sir. Motion. Is there --
Commissioner Winton: I'll second the motion.
Vice Chairman Gort: Motion and a second. Any further discussion?
Commissioner Winton: Commissioner Regalado, I think that -- and I'm in support of this motion, but I
think that you had a good idea with this committee, and I hate to see you blow it up. I think you could do
a good job there. I think it'd be a good -- I think it'd be a real asset to our Commission. And so I really
hate to see you blow the committee up over this issue.
Commissioner Regalado: Well, it was blown by the Mayor, not by me.
Vice Chairman Gort: Well, once we get past this, I'm going to have a suggestion that's going to be made.
Any further discussion on this motion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Aye, with the friendly amendment to hire high school kids for summer jobs at
the parks.
Commissioner Regalado: Yes, yes, yes.
7 1/11/01
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 01- 001
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING
RESOLUTION NOS. 00-105, 00-359, AND 00-993 IN THEIR
ENTIRETY, THEREBY SUNSETTING THE ECONOMIC
DEVELOPMENT COMMITTEE; FURTHER DIRECTING THE CITY
MANAGER TO REALLOCATE AND TRANSFER FUNDS IN THE
AMOUNT OF $40,0000 ALLOCATED TO SAID COMMITTEE TO
THE OPERATING BUDGET OF THE DEPARTMENT OF PARKS
AND RECREATION, FOR THE EXPLICIT PURPOSE OF ENGAGING
PART-TIME PERSONNEL, INCLUDING HIGH SCHOOL
STUDENTS, TO STAFF THE PROGRAMS SPONSORED BY THE
DEPARTMENT OF PARKS AND RECREATION DURING THE
SPRING AND SUMMER MONTHS OF FISCAL YEAR 2000-2001.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
Alejandro Vilarello (City Attorney): Mr. Chairman.
Vice Chairman Gort: Now, let me ask you a question. My understanding is -- and correct me if I'm
wrong, Mr. Manager. But we allocated some funds to hire some experts within the real estate and the
different industries to come up with plans for economic development for the City.
Mr. Gimenez: Yes, sir. I believe we allocated a certain amount of funds to hire the experts that we need
in order to expedite our projects.
Vice Chairman Gort: Do we have any problem that if we can name Commissioner Regalado as
chairperson of that committee to work with that committee?
Mr. Gimenez: It's not a committee. This is a fund to hire people for projects.
8 1/11/01
Vice Chairman Gort: No, I understand. But can we have -- can we assign Commissioner Regalado to
work with them?
Commissioner Regalado: Well, what is that? What? What are you saying?
Mr. Gimenez: If you want, we can, we can staff this committee and he can be a chair of the committee
and work with us on those projects, certainly.
Vice Chairman Gort: OK. Would you make that motion?
Commissioner Regalado: What? What committee are you talking about?
Vice Chairman Gort: It's an economic -- If you recall, we allocated some funds.
Commissioner Regalado: Yeah, but he's saying about staffing the committee. There is no committee.
Vice Chairman Gort: No, no, no. This is something different. Commissioner, if you recall --
Commissioner Regalado: I know what you're saying, but I think that he was referring to the Economic
Development Committee. But there's no longer an Economic Development Committee.
Vice Chairman Gort: No. No, that was my mistake. It's not a committee. It's the -- a group of
consultants that were hired for the City and staff to work as a team to do very similar to what your
committee was doing, and I'd like for you to head that. Do I have a motion?
Commissioner Winton: So move.
Vice Chairman Gort: Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Further discussion. Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
9 1/11/01
The following motion was introduced by Commissioner Winton, who moved for its adoption:
MOTION NO. 01-002
A MOTION REQUESTING COMMISSIONER REGALADO TO
WORK WITH THE ADMINISTRATION AND CONSULTANTS
ENGAGED TO PROVIDE THE CITY WITH A PLAN TO PROMOTE
ECONOMIC DEVELOPMENT.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: Now we go into the consent agenda.
Alejandro Vilarello (City Attorney): Mr. Chairman, just prior to doing that, getting back to Commissioner
Regalado's motion. Of course, there is going to be legislation necessary to transfer those funds. That was
a direction by the City Commission.
Commissioner Regalado: And if we can do that next meeting, I'd really appreciate it, so we can start the
process.
Commissioner Winton: Or do it this afternoon.
Commissioner Regalado: Huh?
Commissioner Winton: Do it this afternoon, if you could.
Commissioner Regalado: Well, we can do it this afternoon. So.
Vice Chairman Gort: Bring it back this afternoon.
10 1/11/01
Vice Chairman Gort: Do I have any -- consent agenda. Would anyone like to pull any of the items in the
consent agenda? Any one Commissioner that would like to pull any item?
Commissioner Sanchez: No. But I would like to commend the City, the City administration, once again,
for employing the Hope Center, which are individuals that are physically handicapped. And as you know,
several years ago, they came in front of the Commission asking for the City to employ some of their
residents at the Hope Center. And once again -- this is like the third contract that they have received, and
they will be working. And also, Ms. Carter at the Procurement Office, God bless you for having these
individuals being in -- having an opportunity to be productive in our community and be a part of our
community. So thank you so much. And as we know, we're big supporters of the Hope Center. Thank
you.
Vice Chairman Gort: Thank you.
11 1/11/01
Commissioner Sanchez: Motion to approve the consent agenda.
Vice Chairman Gort: No, wait a minute. Before we go into that, is there anyone in the public who would
like to address any of the items in the consent agenda? Is there anyone in the public who would like to
address any of the items in the consent agenda? OK. Commissioner Sanchez.
Commissioner Winton: Move it.
Carlos Gimenez (City Manager): Mr. Chairman.
John Jackson (Director, Public Works): Commissioners.
Mr. Gimenez: Mr. Chairman, we have to amend CA -9 on the floor.
Commissioner Sanchez: What are the amendments?
Vice Chairman Gort: What is the amendment?
Mr. Jackson: Good morning. John Jackson, Director of Public Works. I need to make modifications to
two of my items. The first one is CA -4, which is for purchase of concrete for Public Works. This will be
an annual -- well, the term or the contract amount is two hundred and thirteen thousand dollars
($213,000). But the award will be for the term of the contract. And it's a one-year, one year with two
one-year options.
Vice Chairman Gort: OK.
Mr. Jackson: CA -4.
Vice Chairman Gort: CA -4, the amendment to CA -4.
Mr. Jackson: And I need to also make modifications to CA -9, which is the transfer of public rights-of-
way to the state FDOT (Florida Department of Transportation).
Vice Chairman Gort: Right.
Mr. Jackson: Two modifications. The first one is the need to -- for the streets that are being transferred
And we're also transferring the landscaping responsibilities to the state. And I'm going to pass out -
there's an additional section, a street that also needs to be transferred, which is Northwest 42nd Court from
14th Street to 12th, to 12th Street, which abuts the expressway. So I'm going --
Vice Chairman Gort: 22nd Court from 14 to 15. You said 42nd or 22nd?
Mr. Jackson: 42nd Court.
12 1/11/01
Vice Chairman Gort: 42nd Court. OK. OK. With those amendments --
Mr. Vilarello: One more.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: I think it's important that we have maybe in the next meeting Mr. Jose Abreu
from the FDOT, because the inter -model project is going forward, and I know there are some concerns.
But the bigger picture is we're talking 7,000 jobs in the City of Miami, and we -- I spoke to Jose, and they
are buying all these properties, and they're recommending the people to relocate in the City of Miami. It's
important that the Commission, and the Manager and the Mayor understand what is this inter -model
project. And I -- he's available next meeting. If we want to, he can come and do a presentation.
Vice Chairman Gort: Commissioner Regalado, I think that's an excellent idea. We need to bring him
here. Although I spoke to him also, and there were some -- originally, there was going to be some
property they were going to take away between 37th and 32nd Avenue on the south side of 14th Street. My
understanding is those properties are not going to be taken right now. So that's going to be a little
different. So my understanding, he also was going to send us the complete information to all of us. But
Commissioner Regalado, I think that's an excellent idea, and we should have him here to make a
presentation to us, and we can have it as the first order of business, so he can have a time certain. Thank
you.
Note for the Record: Commissioner Teele entered the Commission Chamber at 9:59 a.m.
Lori Billberry (Director, Asset Management): If I may, Commissioner.
Vice Chairman Gort: Yes.
Ms. Billberry: Lori Billberry, Director of Asset Management. On CA -11, the Law Department would
like to make a couple changes to the purchase or sale agreement. So we are asking that the resolution be
in a form acceptable to the City Attorney, so the attachment is not part of the item at this time.
Vice Chairman Gort: OK.
Ms. Billberry: And then on CA -13, the Law Department has requested that we have it as two separate
resolutions, one to separate out the acceptance of the deed, and the amendment to the Spring Gardens
Homeowners Association agreement, just to make it two separate resolutions.
Vice Chairman Gort: OK. You will take care of that as we make our motion, and that is taken care of
automatically. Does the maker of the motion accept the amendments?
Commissioner Winton: I don't remember who made the motion, so --
Vice Chairman Gort: You made it?
13 1/11/01
Commissioner Winton: So if I made it, yes, I'll accept the amendments.
Vice Chairman Gort: Seconded by Commissioner Sanchez. Commissioner Teele, do you have any
questions on any of the CA items?
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
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 SANCHEZ AND SECONDED BY
COMMISSIONER WINTON, THE CONSENT AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS:
None
ABSENT: None
RESOLUTION NO. 01-003
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF MR. CLEAN RELIABLE SERVICES FOR THE
ACQUISITION OF CUSTODIAL SERVICES FOR THE
DEPARTMENT OF SOLID WASTE, ON A CONTRACT BASIS FOR
ONE (1) YEAR WITH THE OPTION TO RENEW FOR TWO (2)
ADDITIONAL ONE (1) -YEAR PERIODS, IN AN ANNUAL AMOUNT
NOT TO EXCEED $22,284; ALLOCATING FUNDS FROM ACCOUNT
CODE NO. 422001.320102.340.
14 1/11/01
RESOLUTION NO. 01-004
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF HOPE CENTER, INC. FOR THE ACQUISITION OF
CUSTODIAL SERVICES FOR THE MANUEL ARTIME
COMMUNITY CENTER FOR THE DEPARTMENT OF
CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, ON A
CONTRACT BASIS FOR ONE YEAR, WITH THE OPTION TO
RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, IN AN
ANNUAL AMOUNT NOT TO EXCEED $36,360; ALLOCATING
FUNDS FROM ACCOUNT CODE NO. 450001.350509.340.
RESOLUTION NO. 01-005
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF MOTOROLA, INC. FOR THE PROCUREMENT OF
FORTY-FIVE (45) EAR PIECES FOR MOTOROLA RADIOS FOR
THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO
EXCEED $12,600; ALLOCATING FUNDS FROM THE LAW
ENFORCEMENT TRUST FUND PROJECT NO. 690003, SUCH
EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE
TREASURY'S "GUIDE TO EQUITABLE SHARING."
15 1/11/01
RESOLUTION NO. 01-006
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF DADE CONCRETE AND PUMPING FOR THE
PROCUREMENT OF READY MIX CONCRETE FOR THE
DEPARTMENT OF PUBLIC WORKS, ON A CONTRACT BASIS FOR
ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, IN A TOTAL AMOUNT
NOT TO EXCEED $213,000; ALLOCATING FUNDS FROM
ACCOUNT CODE NO. 001000.310501.6.750.
RESOLUTION NO. 01-007
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING A CAP ON THE USER FEE OF $25,000 PER EVENT
DAY FOR THE SOUL BEACH MUSIC FESTIVAL TO BE
PRESENTED BY AR ENTERTAINMENT MARKETING AT THE
ORANGE BOWL STADIUM ON MAY 31, JUNE 1 AND 2, 2001; SAID
AUTHORIZATION CONDITIONED UPON THE PROMOTERS: (1)
PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND
APPLICABLE FEES ASSOCIATED WITH SAID EVENT, (2)
OBTAINING INSURANCE TO PROTECT THE CITY IN THE
AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE AND (3) COMPLYING WITH ALL CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY
MANAGER OR DESIGNEE; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY FOR SAID
PURPOSE.
16 1/11/01
RESOLUTION NO. 01-008
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE FUNDING OF THE DOMINICAN -AMERICAN
NATIONAL FOUNDATION, INC., IN AN AMOUNT NOT TO
EXCEED $35,000, ALLOCATING FUNDS FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NO. 690001, SUCH
EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA
STATUTES (1999).
RESOLUTION NO. 01-009
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE DONATION OF A POLICE SERVICE DOG, FROM POLICE
SERVICE DOGS, INC., WITH AN ESTIMATED VALUE OF $5,500,
FOR THE USE AND BENEFIT OF THE DEPARTMENT OF POLICE
CANINE UNIT.
17 1/11/01
RESOLUTION NO. 01-10
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), TRANSFERRING AND THEREBY ADDING
AND A PORTION OF NORTHWEST 14TH STREET, NORTHWEST
42ND COURT, AND NORTHWEST 18TH STREET, TOGETHER WITH
ALL PUBLIC RIGHTS-OF-WAY ADJACENT THERETO, MORE
PARTICULARLY DESCRIBED IN "EXHIBITS A, B AND C"
ATTACHED HERETO AND MADE A PART HEREOF, TO THE
JURISDICTIONAL RESPONSIBILITY OF THE STATE OF FLORIDA
HIGHWAY SYSTEM IN CONFORMANCE WITH SECTION 337.29,
FLORIDA STATUTES; CONDITIONING SAID TRANSFER AND
ADDITION UPON FDOT AGREEING TO ASSUME THE
RESPONSIBILITY OF THE MAINTENANCE OF THE
LANDSCAPING IMPROVEMENTS INSTALLED AS PART OF THE
CONSTRUCTION OF THE MIAMI INTERMODAL CENTER;
AUTHORIZING THE FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT") TO RECORD RIGHTS-OF-WAY
MAPS OF THE SUBJECT ROADS IN THE PUBLIC RECORDS OF
MIAMI -DADS COUNTY, FLORIDA; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR SAID
PURPOSE.
18 1/11/01
RESOLUTION NO. 01-11
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE RECOMMENDATION OF THE CITY MANAGER TO SELECT
THE FIRMS OF ERNST AND YOUNG, LLP ("ERNST") AND
ABRAMSON AND ASSOCIATES, INC. ("ABRAMSON") TO
PROVIDE REAL ESTATE CONSULTING SERVICES FOR THE
DEVELOPMENT AND REDEVELOPMENT OF VARIOUS CITY -
OWNED PROPERTIES FOR THE DEPARTMENT OF REAL ESTATE
AND ECONOMIC DEVELOPMENT, ON AN AS -NEEDED BASIS, IN
AN AMOUNT NOT TO EXCEED $45,000 FOR EACH FIRM,
INCLUDING EXPENSES, FOR A TWO-YEAR PERIOD WITH THE
OPTION TO EXTEND THE TERM FOR AN ADDITIONAL ONE-
YEAR PERIOD; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES
AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH ERNST AND ABRAMSON; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT WITH THE NEXT RANKED FIRM,
REAL ESTATE RESEARCH CONSULTANTS, INC., IN THE EVENT
A FAIR, COMPETITIVE AND REASONABLE AGREEMENT
CANNOT BE NEGOTIATED AND EXECUTED WITH ERNST AND
ABRAMSON; ALLOCATING FUNDS FROM STRATEGIC RESERVE
INITIATIVE FUNDS.
19 1/11/01
RESOLUTION NO. 01-12
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), DECLARING SEVEN (7) PARCELS OF CITY -
OWNED REAL PROPERTY LOCATED IN THE OVERTOWN
HOMEOWNERSHIP ZONE, AS MORE PARTICULARLY
DESCRIBED IN "EXHIBIT A" ATTACHED HERETO AND MADE A
PART HEREOF, AS SURPLUS PROPERTY AND DESIGNATING
HABITAT FOR HUMANITY OF GREATER MIAMI, INC., A NOT-
FOR-PROFIT CORPORATION, AS DEVELOPERS FOR THIRTEEN
(13) NEW SINGLE-FAMILY HOMES, AFFORDABLE TO VERY
LOW, LOW AND MODERATE INCOME FAMILIES AND
INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO
EXECUTE A PURCHASE AND SALE AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE
SALE IN AN EXPEDITIOUS MANNER.
20 1/11/01
RESOLUTION NO. 01-13
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO
ACCEPT A QUIT CLAIM DEED, IN SUBSTANTIALLY THE
ATTACHED FORM, FROM THE STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS ("STATE"), FOR THE
CONVEYANCE TO THE CITY OF MIAMI OF THE STATE'S
INTEREST IN THE PROPERTY LOCATED AT 5925-5927
NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, COMMONLY
KNOWN AS THE CARIBBEAN MARKETPLACE; AUTHORIZING
THE CITY MANAGER TO EXECUTE ANY NECESSARY
DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY FOR SAID PURPOSE.
RESOLUTION NO. 01-14
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE MANAGEMENT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH SPRING GARDEN CIVIC ASSOCIATION, INC. FOR THE
MANAGEMENT, OPERATION AND MAINTENANCE OF SPRING
GARDEN POINT PARK, TO ALSO INCLUDE THE MANAGEMENT,
OPERATION AND MAINTENANCE OF THE PROPERTY LOCATED
AT 613 NORTHWEST 7TH STREET ROAD, MIAMI, FLORIDA (THE
"PROPERTY"), CONTINGENT UPON THE PROPERTY BEING
CONVEYED TO THE CITY OF MIAMI FROM EAST COAST
ADVERTISING, INC.
21 1/11/01
RESOLUTION NO. 01-15
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
CONVEYANCE OF THE PROPERTY LOCATED AT 613
NORTHWEST 7TH STREET ROAD, MIAMI, FLORIDA (THE
"PROPERTY"), FROM EAST COAST ADVERTISING, INC.;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY FOR THE ACQUISITION OF THE
PROPERTY.
22 1/11/01
Vice Chairman Gort: As requested by Commissioner Regalado, today, we're going to have the items --
Commissioner Sanchez: Commissioners' items.
Vice Chairman Gort: -- for Commissioners. I'll bring my items later on this afternoon. I have to put
them together yet. So we'll let Commissioner Teele, Commissioner Winton.
Commissioner Sanchez: Mr. Vice Chairman, the Mayor has one that he's asked me to move, and that is a
resolution co -sponsoring the Miami Jazz Festival, Inc., which is holding a jazz festival at Bayfront Park.
And I would just make a motion and then we'll -- somebody makes a second, we'll open it for the
discussion. We do have the representatives of the jazz festival here.
Commissioner Winton: Second.
Commissioner Sanchez: So there's a second. Open for discussion. On discussion, I do have some
questions on it. I want to know exactly what the services that they're asking for, what the amount is. And
I think that's important. It wasn't provided here.
Commissioner Winton: Commissioner Sanchez, could we get -- because I think it might be valuable to
the public at large -- get Al to give a brief description of what the jazz festival is, and who's coming, and
little -- a little free advertising.
Vice Chairman Gort: Good morning, sir.
Al Johnson: Good morning, Commissioners. It's my pleasure to be here. Al Johnson, Miami Jazz
Festival, residing at 337 Poinciana Avenue, offices at 2699 South Bayshore Drive, all within the City of
Miami. We're excited about bringing to you a world-class jazz festival. Over a year ago, we met and we
said we were going to bring a jazz festival to Miami, it was going to be a world-class event, and I'm very
excited to tell you that we have an outstanding world-class presentation. If you will look at what I gave
you, it features David Sanborn and Pancho Sanchez that will be closing our ceremonies. They'll be the
primary headliners on Saturday and Sunday. We also have the magnificent legendary Cachao. He's an
82 -year-old Cuban legend, the father of mambo music. This guy is fantastic. We just won't have that
many opportunities to see him performing live. And so we couldn't pass up on that opportunity. So we
booked Cachao. He'll be opening or shall I say co -headlining with David Sanborn on Saturday. Then we
have Jonathan Butler, who will be co -headlining with Pancho Sanchez on Saturday -- I mean on Sunday.
This is a magnificent lineup. It was very costly. We're out there on a limb, hoping that this community
will support us in our attempts to establish a world-class event here and to bring Miami a positive
promotional marketing opportunity. You asked for it. You got it. This is something that can bring this
entire community together. This is an event that will have Miami focused on something that is not like
23 1/11/01
what we had all last year. There were a lot of people who didn't think we could do this, given all the bad
history we had last year. Hey, let the healing begin. This event is about healing, and about community
unity, and, you know, it's exactly what was described in the jazz series that's being featured, and I'm not
plugging that. It's about gumbo. I have with me today two of my partners -- well, my partner's
representative. This is Bob Chisolm, representing Al Chisolm of the Chisolm clan. And I have Joe Jodka
(phonetic). We're native sons. We grew up in this community. We went to school together. We've
known each other since we were boys. Joe's Puerto Rican. The Chisolm clan is Cuban, believe it or not.
And it's about diversity, and it's -- that's what we're bringing here. Jazz is about diversity. We're about
diversity. We want to establish this year after year. And we'd just like your support. Can I get --
Vice Chairman Gort: Well, I have to tell you, when Al came to us at DDA (Downtown Development
Authority) to make the presentation, if you talk about a project that can bring people together -- and I love
jazz. I mean, that's what I listen to in my car. And you're going to have jazz that comes out of Brazil that
comes out of the African-Americans that comes out of the Anglos. It's something that can really bring
this community together. And this is things that we've been looking for. We've been doing it through the
dominos. We're going to do it through the arts, and now we're going to do it through the music,
entertainment. And you've done a tremendous job, and there's a beautiful magazine in here. Now, what's
important -- do you want to add anything, Al?
Mr. Johnson: Well, I mean, I could get to the specifics.
Commissioner Sanchez: Well, if I could for a minute, I just want to put on the record that this is -- they're
asking the City to waive the services of police, fire and solid waste; is that correct? That was my original
question to you.
Mr. Johnson: Right. Yeah. The Mayor, the Mayor --
Commissioner Sanchez: Well, this is the Mayor's item. He has asked me to --
Mr. Johnson: Right. The Mayor wanted the City to co-sponsor it to the extent of waiving police services,
fire services, cleanup services, those things that are City -provided. We would -- we were hoping -- and
I'm hoping that after that is subtracted from our bill at Bayfront Park --
Commissioner Sanchez: No, no. Hold on. Before you go any --
Mr. Johnson: OK. Right. But that's what we were --
Commissioner Sanchez: Mr. Johnson, before you go any further, this has nothing to do with Bayfront
Park.
Mr. Johnson: Right. No, nothing to do with Bayfront Park.
Commissioner Sanchez: You have already negotiated a contract with Bayfront Park. We came in. We
reduced your fees as a co-sponsor.
Mr. Johnson: That's true.
24 1/11/01
Commissioner Sanchez: So this has nothing to do with Bayfront Park.
Mr. Johnson: No, nothing to do with --
Commissioner Sanchez: You're here in front of the City now.
Mr. Johnson: I'm here in front of the City, yes, Commissioner.
Vice Chairman Gort: What's the cost?
Carlos Gimenez (City Manager): That's not the way I read this resolution. The resolution says that this
will be a waiver of fees, but that the organizer will pay for other necessary cost, and that includes police
and fire. Those are substantial in this case.
Commissioner Sanchez: Mr. Johnson, what is it that you are asking this City to assist you with to make
this jazz festival a world-class event for this community?
Mr. Johnson: Well, Commissioner, this is already a world-class event. And that's before you. All right?
What we're asking for -- and most cities that get this kind of presentation do provide what we're asking
for, and that is as much support as you're willing to provide us with to help us bring this back next year,
because if we can't be solvent, if this can't stand on its own two legs, it can't be back next year. And so
what we're asking for you to do is to do those things, which are fire, rescue, and City police and cleanup,
at least, for two days.
Vice Chairman Gort: Well, those are the basic service. What's the cost of that?
Mr. Gimenez: Looking at a rough draft, it looks like anywhere from eight to ten thousand dollars
($10,000) for police, fire and sanitation.
Mr. Johnson: That's each day.
Mr. Gimenez: That's for both days.
Mr. Johnson: Both. OK.
Commissioner Sanchez: Jay, would you like to say something?
Jay Constantz (Executive Director, Bayfront Park): I do want to mention that the sanitation that's listed
on the invoice -- by the way, Jay Constantz, Executive Director of Bayfront Park. The sanitation that's
listed on the invoice is for a private company, not for the City's sanitation service. And that total for those
two days for cleanup is sixteen hundred dollars ($1,600). Am I reading the right line? No. I'm sorry. It's
about five thousand, three hundred, five thousand, three hundred and fifty dollars ($5,350).
Commissioner Regalado: Can I -- Mr. Chairman?
25 1/11/01
Vice Chairman Gort: Commissioner Regalado.
Commissioner Teele: Mr. Chairman. Commissioner Regalado.
Commissioner Regalado: Go ahead, sure.
Commissioner Teele: I strongly support what is before us, but I think we're doing ourselves a disservice.
Why don't we ask that this item be deferred till later on? Let's let everybody get something in writing.
You know, we've got the Manager saying one number, the promoter saying another number. We're
talking now about solid waste waiver. We can't waiver private companies, no matter how powerful, you
know, the Mayor and Commission may think we are in this. So, so that the promoter is not misled by
anything that is said, we don't have anything in writing from the Mayor. The Mayor's name is being
thrown around here. I think we ought to start the year off right. We ought to have a little bit of structure
in what we're doing here. I would hope that we could bring it up right after lunch today, get the Mayor to
write out what it is he's requesting that we do, and let's see if we can move, if that's satisfactory to you.
And I appreciate very much that you have your partners here. And as we shared many, many times, this is
something that is very important. It's really frustrating; I'm sure, to you, as it is to a number of other
people that the City is not really taking the lead in this. And I would hope that after we can work through
the details of this that the City of Miami will be very much in the forefront, the DDA, the Bayfront Trust,
and any of the other entities that can play a role. Jazz is something like sports that brings us together. It's
a unique cross-cultural opportunity. And unless somebody feels strongly, unless you feel very strongly, I
think what we ought to do is get our numbers straight. We ought to have something written up, agree on
it. I'm going to try to support anything that the Mayor is recommending on this and the promoter is
asking for. And -- but I don't -- I do think if the Mayor is asking for it, we ought to have something in
writing from the Mayor.
Vice Chairman Gort: Right. At the same time, I think it's an excellent idea, Commissioner Teele. And
Al, I think it's important for you to understand this Commission this administration, through a vote, which
is taking place here today agreed there, were certain events that the City of Miami would sponsor. We are
going to make it part of our budget. And that would come in front of the Commissioners, and the
Commissioners will make the recommendation and working with the administration. There have already
been selected at least -- I think five events have been selected that's going to be sponsored by the City of
Miami. I don't see any problem in this event being sponsored by the City of Miami, but we have to go
through the procedure. So we'd appreciate it if you'd come back later on this afternoon. OK?
Mr. Johnson: What time? What time would you like us to come back, Commissioner?
Vice Chairman Gort: Probably come back about 3 o'clock.
Commissioner Sanchez: Well, motion to defer to this afternoon.
Commissioner Regalado: Mr. Chairman.
Mr. Johnson: 3 o'clock?
Vice Chairman Gort: Motion to defer.
26 1/11/01
Commissioner Winton: Second.
Commissioner Regalado: Second.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Just for discussion. The other day when we discussed the waiver, some waiver
of fees for the Cystic Fibrosis Foundation for a national VIP boxing championship in Coconut Grove
Convention Center, the Commission decided that we shouldn't, although this will be nationally televised
by Telemundo Broadcasting. So I -- when the Mayor sends information, I would like to request the
Manager if you can communicate, maybe he can also request that we waive the fees for this event on
March in the Coconut Grove Convention Center, because it's important for the City. And I think that this
event will benefit a not-for-profit foundation, and also will be nationally televised, will focus on Miami. It
will have world named boxers visiting the City of Miami, and showing their talents in the City of Miami.
So I would like also to, you know, discuss that issue, because I understood that the policy in Bayfront was
no waiver of fees. So are we --
Commissioner Sanchez: That is correct. And we have reduced their fees as a co-sponsor. Bayfront Park
is a co-sponsor. They have entered into a contract already. So this has nothing to do with Bayfront Park.
Commissioner Regalado: Right. So this is why. This is exactly what we discussed with Coconut Grove
Convention Center, to reduce the fees. So I would like to discuss that, too, when it comes to discussion.
Vice Chairman Gort: OK. It's a motion and a second. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 01-16
A MOTION TO TEMPORARILY DEFER CONSIDERATION OF
AGENDA ITEM CITYWIDE A, (RELATED TO THE MIAMI JAZZ
FESTIVAL, HOSTED BY MIAMI JAZZ FESTIVAL, INC., TO BE
HELD JANUARY 13-14,2001 AT BAYFRONT PARK).
27 1/11/01
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Vice Chairman Gort: See you back here at 3:00.
28 1/11/01
Vice Chairman Gort: At this time, we're going to the Commissioners' items. Commissioner Sanchez,
you got any particular items? Commissioner Regalado?
Commissioner Regalado: There are several items here, Mr. Chairman, and one is that I keep getting
questions from the residents regarding the changes made to the ordinance regulating adult living facilities
in the City of Miami. And we approved that, I think, on the last meeting of December. So by now, on the
14th __
Ana Gelabert (Director, Planning & Zoning): What happens is, Commissioner, on the 16th of this month,
it actually becomes law.
Vice Chairman Gort: Excuse me.
Ms. Gelabert: Ana Gelabert, Director of the Planning Department.
Vice Chairman Gort: Thank you.
Ms. Gelabert: On the 16th of this month, it becomes law, because it was passed second reading on the last
City Commission. The one to implement this is the Zoning Division of the Planning Department. They're
aware of it. What happens now is when they come for their permit, those between seven and fourteen
units will get the Class 2, and then the distance requirements will be checked. So the one to do the
implementation is within the department. In addition to that, we're writing a letter to HRS (Department of
Housing and Rehabilitative Services), just to -- making sure to show them that the law has changed, and
they need to refer all of them, so the permits are not issued. And that also is going to be taken care of.
Commissioner Regalado: Mr. Manager, in terms of inspections, those existing now, are they being
inspected? I know that there is one fire inspector for all of those living facilities in the City of Miami.
Carlos Gimenez (City Manager): I'm not sure of the answer to that. I'm going to have to get the Fire
Marshall to give you the answer. I'm not sure.
Commissioner Regalado: OK. So Ana, if you can give us next meeting a report of how the people are,
you know, are being told to process those applications and the response from HRS.
Ms. Gelabert: I will do that.
Commissioner Regalado: Thank you.
29 1/11/01
Commissioner Regalado: The other item is about the stables of the City of Miami Police Department.
And this, I think, members of the Commission, is important, because for many reasons. The City stables
are located on Tropical Park. That's in Westchester, by Bird Road. It's an unincorporated area of the
County. According to the administration, the deal is that we use those stables for free, but in exchange for
that, we let the County use the parking facilities of the Marine Stadium during the tennis tournament,
which, by the way, the parking there, the County, I'm sure, makes several hundred thousand dollars on the
four or five days. It's at ten dollars ($10) per car, I think. But I was told that the County wishes that the
City moves the stables. And I thought that the best thing that could happen for the City of Miami and its
residents is that the City stable will be somewhere in the City of Miami. The Chief of Police knows about
this, because I've spoken to him. But he needs more time, and -- to give us a full report on cost and size.
There is a site on Robert King High. There is also another site in 22nd Avenue, an almost abandoned park
of the City. So, Chief, can you tell us if we will move the stables to the City of Miami?
Raul Martinez (Chief of Police): Yes, Commissioner. Raul Martinez, Chief of Police. We have been
trying for years to look for sites to bring back the stables to the City of Miami. And one of the main
reasons is the lost time, you know, for our horses. We lose at least two hours per officer, per day to travel
from Bird Road and 72nd Avenue to the City and back, because we're doing it at the peak of traffic. So
there's a lot of lost time coming and going. We also do not get any positive interaction with the
community, because it's out in the County. We also don't put any sense of security of any neighborhood,
because we don't have a police facility into any of the neighborhoods. We have looked at this for many,
many years. Funding is always at -- always has and will be an issue. It's one of the issues we are looking
at right now. We have narrowed it down. The members of the mounted patrol -- and some of them are
here standing in the back -- have identified four possible sites that area -wise are good for the stables, one
of them being Robert King High Park, the other one being Sewell Park, the third one being Morningside
Park and the last one being Northeast 2nd Avenue and 19th Street. They have a parcel there next to the
cemetery that area -wise would be good. Whether that's the place or not, it will be decided. We're now at
the process that we're asking Attorney General's opinions for the use of either Law Enforcement Trust
funds or the use of block grants, you know, where the monies could be used for this. We have in writing
another jurisdiction requested to use the monies, the Law Enforcement Trust Fund to build the mounted
stables. They were denied by the Attorney General to do it. I think the way they asked it was probably
not the right way to ask it, so we're trying -- we've asked our legal advisors to rephrase it and ask it a
different way. If we do a combined mounted patrol and canine patrol, a canine unit that does get involved
in drug confiscations and stuff like that, that maybe that may open up, you know, this is an opportunity to
do that. If that doesn't -- that is not successful, then looking at the block grants, and we have asked off the
record whether moneys could be used there. They're not a hundred percent sure, and they're getting back
to us on this. Once -- as we get the money issue out of the way, we will hold, you know, we will ask the
Manager, ask the Commission and ask the community, what community would support of these four sites,
you know, a mounted stable facility there, because there are -- I know years ago, when Morningside was
one of the sites, there was community opposition because of the so-called possibility of smell, and so on
30 1/11/01
and so forth. So I mean, if a community doesn't want it there, then who are we to say that we should build
it there?
Commissioner Regalado: If I may, Chief. I think that every community will be happy to have the stables,
because of the police visibility. I have -- since you gave me that information, I went to each site. Sewell
Park is the less used park in the City of Miami. It's -- nobody goes there. Actually, it's almost closed.
For me, it's right in the middle of the City. As a Commissioner from Flagami, I would love to have that.
But it's in one extreme of the City. Morningside is in another extreme of the City. However, Sewell is
right smack in the middle of the City. You can cover from Model City to Little Havana to Overtown to
Flagami. So I urge you to give us a response. And I think that the parking issue in the Marine Stadium is
a money making operation that I don't know how can be used in order to defray cost for the construction
of the stables. But we are not getting that money right now, and we will as soon as you leave the Tropical
Park. And this is hundreds and thousands of dollars every year. So.
Vice Chairman Gort: Commissioner, that's a motion to instruct the administration to look into the four
possibilities and the financing, and the feasibility and have --
Commissioner Regalado: Yes, sir.
Vice Chairman Gort: I think that Sewell Park is an ideal. And I think the odor is something that can be
controlled if you have the location. Remember, at Sewell Park, you have certain time when there -- well,
you're right next to the bridge. There's no houses around there. Or you can go to the opposite side, which
is the industrial part of it. So that could be an ideal place. And I think we need that, because the other
day, an officer was supposed to meet with me, and he had an excuse that he was in Tropical Park, and he
couldn't get out on time. So what can I tell you?
Commissioner Sanchez: I have one question. What are we paying? Are we paying the County now to
keep our horses there?
Chief Martinez: No, sir.
Commissioner Sanchez: It's free.
Chief Martinez: No, sir.
Commissioner Sanchez: So the biggest concern is time frame, getting from Tropical Park to the City. It's
the loss of time.
Chief Martinez: Well, Commissioner, but beyond the time, the fact that the County has hinted very
strongly that sooner or later, they're going to kick us out. They have plans for an equestrian center there.
Whether we will be part of that plan or not is up in the air.
Commissioner Regalado: But I mean it doesn't matter. The thing is that we need that in the City of
Miami.
Commissioner Sanchez: OK. So what? Do you need a motion directing the City Manager --
31 1/11/01
Commissioner Regalado: He already.
Commissioner Sanchez: -- to look at feasible site and cost, and come back with a recommendation to this
-- so move.
Vice Chairman Gort: Is there a second?
Commissioner Regalado: Second.
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 01-17
A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT THE
MIAMI POLICE CHIEF TO REVIEW THE POSSIBILITY OF
RELOCATING THE POLICE HORSE STABLES FROM TROPICAL
PARK INTO THE CITY OF MIAMI (SEWELL PARK, MORNINGSIDE
PARK, ROBERT KING HIGH PARK OR LOT AT N.E. 2ND AVENUE
AND 19TH STREET, NEXT TO CEMETERY); FURTHER DIRECTING
THE MANAGER TO COME BACK WITH A RECOMMENDATION
OF A SITE AND SOURCE OF FUNDING FOR SAME.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
32 1/11/01
Commissioner Regalado: Mr. Chairman, you brought the issue --
Vice Chairman Gort: Commissioner Regalado, if you would allow me, we have some individuals here
that would like to make a presentation.
Commissioner Regalado: Sure.
Vice Chairman Gort: And they have to go with the Empowerment Zone, and then we'll go right back to
you. Do you yield?
Commissioner Regalado: Sure.
Vice Chairman Gort: Thank you, sir. Mr. Bryan Finnie, who is the Director of the Empowerment Zone.
This is something that we've talked on quite a bit, and we'd like to have. Mr. Finnie is making now a
presentation. Welcome. Are those the people you work with?
Bryan Finnie: Yes, sir. Good morning.
Vice Chairman Gort: You've got a nice group there.
Mr. Finnie: Good morning, Commissioners. Bryan Finnie with the Empowerment Trust, 140 West
Flagler Street. I'd like to say good morning once again. My visit here was well overdue. I've met with
many of the Commissioners individually, and I thought it appropriate at this time that we give you or
attempt to give you a brief update on what we've been involved in over the last eight months. The
Empowerment Zone Program has nearly completed its first year of operation. In my opinion, we're off to
a good start, but we've got a lot more work to do. Recently, the Miami Herald highlighted some of our
programmatic activities, and while I'm proud of these activities and I thank the Herald for its support, I'm
most proud of the professionalism and the efficiency that has taken place in our neighborhood assemblies.
We've launched programs in all of our eight zones. And in terms of the Miami neighborhoods, Overtown,
Liberty City, Model City, Allapattah and Wynwood are all in the process of program disbursements,
program approvals and planning for the future. If I may, I'd like to introduce three of my City chairs for
the Empowerment Zone. Ms. Kluger, who heads up our Central Business District; Emilio Lopez, who
heads up -- who's the Chairman of our Wynwood District; and Irby McKnight, who is the Chairman of
our Overtown District. To date, we have approved nine point one million dollars ($9.1 million) in
financing, which is scheduled to leverage an additional twenty-five million dollars ($25,000,000) in public
and private investments. Essentially, at the end of the day, we have -- as of now; we have a thirty-five
million dollar ($35,000,000) portfolio of approved projects. It's important to note that 50 percent of these
funds have been allocated to Miami projects, somewhere around seventeen million dollars ($17,000,000).
For instance, in Liberty City, we've allocated two hundred thousand dollars ($200,000) for investments in
a business, businesses along the 7th Avenue Corridor. I understand that two-thirds of these projects will
actually close tonight. Wynwood, we've allocated one point three million dollars ($1.3 million) for a
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street beautification program, economic development, business incentives and a commercial painting
program, in conjunction with the Miami NET (Neighborhood Enhancement Team) Office. East Little
Havana, we've allocated two hundred thousand dollars ($200,000) to support educational, business
investments and youth programs. In Overtown, we've approved ten point three million dollars ($10.3
million) to support micro -business lending and residential development, specifically in the Town Park
area. In addition to our activities in neighborhoods, we are not taking a major focus on our downtown. I
anticipate -- excuse me -- on our Central Business District. I anticipate that on January 25th, I will be
recommending to the board the allocation of approximately twenty million dollars ($20,000,000) in
bonding assistance to support a substantial reuse commercial project right in the heart of downtown. And
we are now close to finalizing a seven million dollar ($7,000,000) financing structure for a company who
will relocate into the Omni District. These figures represent eight months of our activity. I expect these
number to improve dramatically over the coming next 12 months. I think we're moving along fairly well.
Our communities are working. We have a wonderful relationship with your staff, and at least in the
Empowerment Zone, the County, the staff, and the community and the private sector are working well
together. In fact, our banking partners have invested over two hundred million dollars ($200,000,000) in
zones over the last year. So the trends look good. But again, we have a lot of work to do. I'd like to offer
the dais to any of my committee chairs who would like to make any comments, if I may.
Eleanor Kluger: Good morning, Commissioners. Most of you know me. I'm a City person and I'm here
representing the City. I'm Eleanor Kluger, a long time downtown businessperson and a resident of the
City, and working on many of the newly formed committees in order to make Miami the great place that it
is. I am on this board because I am your Mayor's appointee for the City. I'd like to say that this is the
first board that I have worked on where I really can see results going to happen. And I see that hopefully
in the next ten years, there will be much more cooperation between the County and the City. And this is
one thing that I do recommend, that we work more closely with the County and make things happen. I
happen to be on the Transportation Committee, where that is a County and City initiative by
Commissioner Winton, and that's working great. And there's lot of other things that we can be doing
together. And I also work with Commissioner Teele on the CRA (Community Redevelopment Agency).
And we need to constantly work with the Empowerment -- and I know that they have been talking,
Commissioner -- Bryan Finnie and Commissioner Teele. So we'll go down the line like that. And I also
have been talking with the DDA (Downtown Development Authority), trying to get them to have input,
also. And I have gone to the Miami Downtown Partnership and talked with them, and I go around to all
the different groups that I have known throughout the past five years to see what we can do together to
help build downtown.
Vice Chairman Gort: Thank you, Eleanor. And that's an excellent idea. One of the things we need to do
in here is bring all the resources together. And people need to understand that whatever takes place in the
City is going to benefit everyone. And that's very important. Anything. Anyone else?
Emilio Lopez: Good morning. My name is Emilio Lopez. Most of you know me already. What I would
like to say is that for the first time, the neighborhood of Wynwood is really getting a fair share of what has
been provided to the Empowerment Zone. We have a committee that is working with the NET Program
and all the other City -- We have met with Commissioner Winton and we are right now seeing the results
of the actual moneys that are coming into the Wynwood area. We are specifically doing a corridor in
between 20th Street and 281h Street that is going to be done within the next six months. And the next
moneys that are appropriated, we are going to see that some of the projects that the community really
34 1/11/01
wants be implemented. And for the first time, we're really seeing moneys going into that community.
With that, I thank you. If you have any questions, I'll be glad to answer.
Vice Chairman Gort: Thank you, sir.
Mr. Lopez: OK.
Mr. Finnie: Mr. McKnight.
Irby McKnight: Good morning. I'm Irby McKnight, 1450 Northwest 3rd Avenue. I'm the Chairperson of
the Neighborhood Assembly for the Empowerment Zone. And our meetings are the fourth Thursday in
each month, meaning the 24th of January, you are all invited to come out to our meeting and show some
support for the efforts of the citizens. Thank you.
Vice Chairman Gort: Thank you. Thank you, sir. Is there any question? Commissioner Teele.
Commissioner Teele: Mr. Chairman, thank you again. When we requested that Mr. Finnie come before
the Commission and give us an update, a couple of meetings ago, one of the things that I had in mind
specifically is that we really must coordinate a little bit more closely between the staffs of the
Empowerment Board, the City, the various entities of the City, specifically the DDA, the CRA, MSEA
and others. Can you -- and thank you for the very, very brief presentation, but I really would appreciate if
you would provide us with a written report, when it's convenient, in terms of where we are and where
we're going, and how you really assess things. I don't know -- what is your cycle? When is your fiscal
year?
Mr. Finnie: Our fiscal year end is September 30th, sir.
Commissioner Teele: And you've been on board -- what? -- About six, eight months?
Mr. Finnie: Eight months. Eight months, yes.
Commissioner Teele: Yeah. Well, I guess at the end of the fiscal year that you've been here, which
would be another six or seven months would be a good time, if we could just sort of figure out where we
are in this process. The Empowerment Zone is about what percent within the City of Miami, population -
wise?
Mr. Finnie: I think that the zone is somewhere between 65 to 70 percent, in terms of --
Commissioner Teele: Population.
Mr. Finnie: Yeah, of the zone.
Commissioner Teele: Don't you have a limitation of 50,000 people under the federal act?
Mr. Finnie: We do have a limitation of 50,000 people.
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Commissioner Teele: Approximately what percentage of the 50,000 are in the City?
Mr. Finnie: I don't have that answer, but my assumption right now is 65 to 70 percent of the zone.
Commissioner Teele: Sixty-five to seventy percent. So I think the point that I'm trying to get to is the
nexus between the City and the Empowerment Zone, and ensuring that we're working in a cooperative
fashion, recognizing -- and I think it's really important that the City staff recognizes that the
Empowerment Zone process, which is federally mandated is a totally bottoms up process. In other words,
there is a tremendous potential for some conflicts or some cross-purposes. But I think it's very important
for the City to recognize that in those cases, the City staff should defer, from my vantage point, to the
Empowerment Zone process, because it is a bottoms up process. On the other hand, if there are going to
be conflicts, say, in priority -- say you want to pave a street and we want to gravel a street, hypothetically,
that those conflicts be brought immediately to the management, and the management report it back in to
us, so that we can do that. The thing that is very, very important, I think, is that on major projects, there
needs to be a very close coordination between yourself and our Manager. Who do you work with
regularly? Who is the City representative to your office, and who do you work with regularly?
Mr. Finnie: I can speak to that. I spend a lot of time with Dena Bianchino. And there's not anything that
we do in the City where we do not contact my point person. So informally, we have a very good, close
working relationship.
Commissioner Teele: OK. And I'm not -- Who is the City staff person that's staffed in all of this process
to you to -- that you all work with? You know, really, I'm going to hear from Ms. Bianchino, but I want
to know, who are you working with now on a regular -- or who are your staff people working with on the
City?
Mr. Finnie: I mean, there are many. Bob Schwartz, right, Meredith, Dena, the head of the Wynwood
NET office, I mean, Chip. I mean, there's so many people. We've got --
Commissioner Teele: OK. And you're satisfied with the level of communications and cross -
communications that's going on. That's one of the main concerns that I asked -- Some time ago, we
asked that the City and the Empowerment Zone jointly put out a brochure --
Mr. Finnie: Yes, sir.
Commissioner Teele: -- that the City could have. We're -- that was -- what? Nine months ago? I think
Erdal was here at the time, and all of that. I'm yet to see that, that brochure brought back to us, even
though we specifically requested it. In terms of, again, this thing that we're all going through, this feel
good stuff right now, but let's, you know, feel good, and then let's get down to the real issue here. We
need a single brochure that identifies what the City -- and Mr. Manager, you were here then when we were
talking about putting together this single brochure that in some ways identifies what the City is doing, in
some ways identifies the DDA, so that we can at least speak with one material voice. And again, I would
raise that as something that I think would be very helpful to the Commission, even if the City puts out the
brochure, but make sure that we -- capture Empowerment Zone information. I'm not looking for you all --
I'm not trying to assign any task or work to you, but I'm just trying to solicit a little bit of cooperation on
36 1/11/01
meaningful things in all of this -- you know, I'm beyond that. Now, on the twenty or so million dollars,
which I want to commend you, what's your bonding authority? A hundred and fifty million or --
Mr. Finnie: A hundred and thirty million dollars ($130,000,000).
Commissioner Teele: A hundred and thirty million. On the bonding activities, which, again, I commend
you for, has that been coordinated with the DDA, as an example, candidly and truthfully, and honestly?
Or is that something we need to --
Mr. Finnie: We've coordinated with the City, not the DDA, sir.
Commissioner Teele: But it is designed for the Central Business District, right?
Mr. Finnie: It's on a project -by -project basis. So --
Commissioner Teele: And again, the point here is that this City has so many multi -headed facets that I
don't want to confuse you at all. But the Commission or the City in many ways has delegated to the DDA
a lot of our activities. And again, in the redevelopment or the development of the downtown area, the --
and I would encourage you to work cooperatively or -- not cooperatively, but to coordinate with the DDA
in those things, so that we're not letting landowners or property owners work cross-purpose with whatever
government plans that we have. Finally, in this regard, I think, obviously, the City needs to be cooperative
with you, to you, in your efforts through our Washington lobbyists and others in sorting out these federal -
- hi, Dena. How are you? -- in sorting out some of these federal funding issues, which are bigger than all
of us combined. I mean, the Empowerment Zone, which I think I said to my colleagues when I first came
on this Commission, having been in Washington, having understood how government can over -promise
and over -commit, and then, you know, at the end of the day, you've got a lot of mad people saying, well,
why didn't this happen? Why didn't that happen? I kept an arm's length relationship, because, quite
candidly, I've said all along, I'm concerned about the Congress' commitment to funding the
Empowerment Zone. And unfortunately, that commitment is still a problem, I believe.
Vice Chairman Gort: And the state, also.
Commissioner Teele: I think the state has matched --
Vice Chairman Gort: No. They didn't put up the money last year.
Mr. Finnie: I think that the history has not been consistent. They have and they have not. And we're
working diligently to resolve it this year.
Commissioner Teele: But to the extent that we can work with you in that area through Ms. Bianchino and
the Manager's office, I would very much like to get Commissioner Sanchez, who coordinates our
legislative efforts and others to sort of buy into that process, because while I've always said and felt that
this ain't going to really work out the way we're telling the public it's going to work out, we owe it to the
public to put our best foot forward to do it. But let me just tell you where -- I really would like to have a
close, personal working relationship with you through my office and through the Manager's office. You
know, you came in with statistics. And I'm going to tell you something. I've lived in Miami long enough
37 1/11/01
now to know that a large percentage of the statistics are lies. Not that you're lying at all, but statistics in
this town get thrown around like golf balls at a golf course. So when you say two hundred million dollars
($200,000,000) of financial incentives and all of that banking activity, I think was the number, it makes
me very nervous. One of the things that I would hope is that we have -- develop a process, an oversight, if
you will, process or an integrity process to look at some of these numbers.
Mr. Finnie: Yes, sir.
Commissioner Teele: OK? Because banks, like cities, like authorities, like boards will build up the
numbers and make them sound good. OK? And then you start looking around. I mean, we went through
this in the City, in the aftermath of a riot. And then the GAO (Attorney General's Office) finally came
down and issued a report that thick on what happened to the money. And the money, you know, went like
that. But the point that I want to make is this: I really do think that we need to try to develop a close,
cooperative relationship with you in how we can work to leverage banks to invest in the Empowerment
Zone. I cannot tell you, Bryan, honestly, how amazed I have been at the recalcitrance and the reluctance
of banks to invest. If you saw some of the letters between the Fannie Mae office and local banks here in
Miami, you would not believe it. I mean, it's just like something out of the `40s. It's like something out
of the `50s, where Fannie Mae is saying to these banks, you must invest. You cannot say you will not
invest and take our money. And these people are just redlining. So we have a series of projects, I think,
that are very, very important. But I think the most important statistic is not how many loans we give, how
much equity we invest, how many grants we give. The really most important statistic from my vantage
point is how many hundreds of millions of dollars we can get banks to lend into the Empowerment Zone
activity. And that's the main thing that I wanted to ask you to come down here on. We need a working
group. We need a vetting process. We don't need to let banks stand up and say they loaned sixty million
dollars ($60,000,000), when, in fact, they have loaned, you know, fifteen million, or they restructured
some loans that are already in there, and then they're counting that as a loan, and dah-dah-dah-dah-dah-
dah-dah. So with that -- and you've acknowledged or nodded -- I want to tell you how impressed I am
with your resume, your background. As you know, we have a number of close mutual friends throughout
the country, and I'm very pleased to comment very favorably upon how well you're doing. I think you are
a true resource in our community, and I really hope that the City staff and management will give you the
level and the measure of support that this process is entitled to. And I commend you for coming down
today and answering my questions. And I would only ask that you sort of give us an annual report in
writing as to where we are and where we're going.
Mr. Finnie: Yes, sir.
Commissioner Teele: Did you have any question or --
Commissioner Regalado: I --
Commissioner Teele: Thank you very much, Mr. Chairman.
Commissioner Regalado: I have a question. Commissioner, I remember -- I read everything that the
administration sends me. And I remember that back in February of '99, the administration said to the
Commission that the Economic Development Department will be the department in charge of the
Empowerment Zone, that a City official will be designated to be the liaison, and that a full-time staff will
38 1/11/01
be working only on Empowerment Zone issues. And the reason is 74 percent of the population of the
Empowerment Zone is in the City of Miami. Out of 16 elected members of the Empowerment Zone, ten
are from the City of Miami. I don't think that the -- Has the Mayor made all the appointments already, or
some appointments are lacking?
Mr. Finnie: It's a mixed. It's 50 percent community-based appointments and --
Commissioner Regalado: I know. But the appointments coming from the Mayor, has not-- my
understanding is that they have not been --
Mr. Finnie: I think there may be one slot open. But generally, the Mayor's appointments are in place.
Commissioner Regalado: OK. I don't -- I always wonder how are we going to protect the City's interest?
I mean, this is a federal thing. We -- if Congress would approve -- and probably, it will -- we will have
like ten million dollars ($10,000,000) for social services each year.
Mr. Finnie: Excuse me, sir. Congress has made a tremendous shift on the Empowerment Zone concept,
and any new approval now tends to be economic development in nature.
Commissioner Regalado: OK.
Mr. Finnie: For instance, we just received five million dollars ($5,000,000) from the Federal government.
Commissioner Regalado: But that was the original intent, the ten million dollars ($10,000,000) for social
services.
Mr. Finnie: Yes. But of the five million dollars ($5,000,000), more than two-thirds of those dollars were
allocated toward Miami projects. So from a cash flow standpoint in terms of how we're investing our
money, when it's all said and done, I think Miami will be very much represented.
Commissioner Regalado: But my concern is not that you have a concern for the City of Miami. It's that
the City is not working at full capacity in order to get what we need and deserve from the Empowerment
Zone project. And that is my concern, because we were told that a full-time person will be working for
the Empowerment Zone. We don't have that now. Do we, Dena?
Dena Bianchino (Assistant City Manager): No. No, we don't.
Commissioner Teele: Well, on the point, Dena, do we have a City staff person that attends each of these,
each of these neighborhood advisory meetings? We do have staff, without fail that attends each of those
meetings?
Ms. Bianchino: Yes, sir. It's been a collaborative effort among the Planning Department. NET has been
extremely active in this process. And Real Estate and Economic Development has taken a lead role. I do
agree that we need to appoint a point person, and that's not a person.
39 1/11/01
Mr. Finnie: Sir, I'd like to also add that you have various staff members that act as a team on each of our
assemblies. So they are teamed up with my project manager. So when deals are done, we flow it through
our mutual processes.
Vice Chairman Gort: I have to tell you, when they were making a presentation to Allapattah, one of the
things we talked about is let's look at all the priorities in the table, and see how we can join forces, like
Eleanor said a little while ago, because we can maximize on the City contribution, and the County
contribution and the Empowerment Zone contribution. And I think the -- I know DDA is getting
involved, but our NET's are getting involved, but my understanding is that they should get together before
they decide on a project within the neighborhood. Let's make sure we talk to our Planning Department
and make sure it's in accordance with what we have. Question, Commissioner Winton.
Commissioner Winton: I guess I'm going to approach this from a little different angle. I've had the
opportunity to work very closely with Bryan Finnie, and staff from the City of Miami, as a matter of fact,
on a number of different joint collaborative efforts. And Bryan, I've got to tell you, I'm just -- I've been
excited from day one. I think you're doing a heck of a job. You reach out to a lot of people. You follow
through in terms of what you say you're going to do. I couldn't be more pleased with the performance and
the focus that the Empowerment Zone Trust has on City of Miami. So I thank you a lot. We're glad to
have you here. I'm thrilled to death that you decided to leave that cold country up north and get down
here where paradise is found, not lost.
Mr. Finnie: Thank you. And I know I should end, I should leave the podium now, but I would like to say
that Miami -Dade County and Miami is a beautiful community that has tremendous potential. And it's that
potential that drives us each day. I mean, you have a wonderful community here, and I'm glad as heck to
be here.
Commissioner Winton: Thanks for coming.
Commissioner Teele: Further discussion. Dena, did you want to add or subtract anything?
Commissioner Regalado has got a memo here dated February '99. Have you read that memo about the
Empowerment Zone and the Real Estate and Economic Development's commitment to coordinate --
Commissioner Winton: What was the date of that?
Commissioner Teele: 2/99. February '99. Where is it? I don't know where he keeps all that stuff.
Ms. Bianchino: I'd be -- I haven't seen it, but I'd be happy to look at it, Commissioner, and respond. I
don't --
Commissioner Regalado OK.
Commissioner Teele: Dena, will you sort of commit to the Commission that we will look at vetting on an
oversight process relating to the bank, and try to designate somebody from the City, specifically, on
following up with these banks? Because I think we've really got to move greater into holding banks
accountable for what they say they're going to do.
40 1/11/01
Ms. Bianchino: Absolutely.
Commissioner Teele: Will that be done through -- what office?
Ms. Bianchino: It will be done through Real Estate and Economic Development.
Commissioner Teele: OK. Bryan, again, did you have anything else you wanted to add? I think
Commissioner Winton has pretty much summed it up. Some of us that have had the opportunity to meet
with you are excited, and we're committed deeply to this process. Mr. McKnight.
Mr. McKnight: Yes, sir. And we do get help from the City staff persons. However, our NET office has
never attended a neighborhood assembly meeting. We have made requests at the neighborhood assembly
to assist senior citizens in Overtown who own housing that needs facades done, and that we would use
some of our community development -- I mean some of our Empowerment Zone dollars to get these
people's house painted. We asked that they give us the addresses of these people in September. It is now
January. Over the Christmas holiday, I took a group of kids, and we went door to door and wrote them
down ourselves. That's the kind of help we get. Thank you.
Commissioner Teele: All right. Madam Manager, again, the Office of Economic Development should be
coordinating this, not NET, per se. So let's get the request in to the right place and let's try to do that.
The NET process is coordinated through the Manager's office, and those requests should be directed in
that manner. All right. Mr. Finnie, again, and your board members, thank you all for being here. And
Mr. Chairman.
Vice Chairman Gort: Thank you. Thank you all.
41 1/11/01
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Thank you, Mr. Chairman. What you're going to hear now is a problem with a
dead end street with four or five houses, but it's a problem that typifies hundreds of the streets in the City
of Miami and thousands of residents. There is an area in West Little Havana where these is no paved
street, and it has been like that for many years. I was called by one of the residents, I think, about two
years ago, maybe a little more. We went back to the administration. They went there. There is no street.
There is no drainage. The problem was that every time that it rained, the streets flooded. It was muddy.
It was like, you know, a third world kind of situation. Finally, the administration agreed to fund some
projects, and it has been delayed. So one of the residents, Ms. Barbara Rey has requested to speak to the
members of the Commission. And I think it's important, because her problem could be a lot of your
constituents' problem. Delay, I understand for many reasons, in some work, but, I mean, I think it's
important that you all hear what a resident, a taxpayer, a person that does not complain about taxes being
raised to her or fees has to go through every day when going in and coming out. So Ms. Rey, if you'd
come to the podium, please.
Barbara Rey: Yes.
Commissioner Regalado: Just lower the microphone. Lower it.
Ms. Rey: Thank you. Thank you, Commissioner. My name is Barbara Rey. I reside at 2997 Southwest
4th Street, in West Little Havana, in the City of Miami. The reason I am here is because for the last 20
years, since 1980, the residents of that particular area, not only the dead end street, have been asking the
City of Miami to fix the drainage problem and the pavement problem on that dead end street. Regretfully,
to date, no action has ever been taken by the responsible officials, too many to be enumerated. If you go
to Public Works and look at our files, the file for that particular street is about as thick as this. It is out of
frustration and desperation that I come before this honorable assemblage, and I request you to guarantee to
me today that this project will be completed, as per Tickler 4862, which you have now in your hand.
Please refer that that particular tickler, which was written by the City Manager, Carlos Gimenez, to the
Honorable Tomas Regalado for October 25th, 2000. The tickler states that: As a temporary measure to
alleviate conditions, Public Works will place balance rods to facilitate water percolation. That has not
been done to this date. Secondly, my concern with this particular memo again is that it says at the end, the
last paragraph says that: To complete as many locations as possible with the available funding each year.
Well, what happens is sometimes, you know, this alludes to the fact that they'll say to us: Well, I'm sorry,
the funding has gone somewhere else, too bad. Or guess what? There has been a change in the political
administration, and nothing gets done. The reason I say this is with a (inaudible). The reason, my concern
with this is that there was a memo written by City Manager Donald Warshaw to Tomas Regalado
December 13th of 1999, which stated that this particular problem was going to be fixed by August of 2000.
All of a sudden, there was a change in the administration, and guess what? Poof. Nothing gets done. So
what I'm asking you here today, as a citizen is that you, as a Commission, guarantee to me today that this
project will start as slated, March of the year 2001. We, the citizens that live in this particular area, West
Little Havana have been stuck on a 20 -year-old bureaucratic merry-go-round. And you know what?
When you're stuck in a merry-go-round, guess what? You get pretty dizzy. Don't you? And we've been
42 1/11/01
on it for 20 years. We're asking this Commission today for a guarantee. You are our last resort. Every --
nobody else cares. I'm tired of calling other officials. Nobody seems to care. Sometimes, I call people,
and they have no idea what the heck I'm talking about. So I'm asking you as a citizen, as a taxpayer, you
know, on behalf of many people on West Little Havana, please, you know, guarantee to me today, give me
your word that this will be done as per Public Works slated, for March 2001, that I'm not going to be
bumped. May I have that guarantee today, please?
Commissioner Regalado: Mr. Jackson. And, you know, she's right. What I do, what I do, so people
know, is when I have a complaint, I write to the Manager. When I get the Manager's response, we go
back to the person.
Vice Chairman Gort: Commissioner Regalado, excuse me. Can we get somebody to stop the meetings
outside? I mean, it's kind of --
Commissioner Regalado: And she has and her mother has the Warshaw memo, and then other memos.
Ms. Rey: If you'd like to have --
Commissioner Regalado: And let me tell you --
Ms. Rey: Commissioner, excuse me. I have a copy of the Warshaw memo here.
Commissioner Regalado: Yeah. No, don't worry. I have it on me. And let me tell you something.
Sometimes, you may think, well, you know, there are many streets that need repaving or something like
that. The problem there is that there is no street. And every time it rains -- and I have been there when it
rains -- is a very, very difficult situation for the people that even drive through there. So, John, if you can,
can we guarantee that we are going to go ahead and do that project, as promised? I mean, we are not -- for
the people out there, we're not saying here, you know, this lady came and we're going to do a project.
No. This has been on, and on, and on, and on. John.
John Jackson (Director, Public Works): Yes, I can guarantee that. We did place balance rods, but it
doesn't solve the drainage problem. And you're right, the street is not improved. There's no paving. It is
a -- it's something that needs to be done. I can guarantee we will work; we will follow through with our
commitment to get this corrected. We're putting in drainage on March 2001.
Ms. Rey: Yeah. I understand. I understood, Jackson, but my concern is I talked to the engineer working
on this, Engineer Estevez at Public Works. And she said she had the construction, and she had the design
already set, and she was there and she saw the problem. Now, what I'm telling you -- what I'm asking
you is, am I going to get this done? I have so many empty promises that I've lost credibility and faith in
my Commission. You, you are -- we vote you into power. Now, this is the Commission that we elect.
This is my Commissioner. Now, it's been 20 years. I mean, we even wrote letters to Xavier Suarez.
There are pictures there of kids in infested water. We're talking here about a third world situation. We're
talking about a street that is muddy, that you have to take off your shoes, you know, and change your
clothing to go to your office, because once -- you can't get to your car. OK? And this is in the middle of
a renowned international City, the City of Miami? I can't believe this. This is a callejon. That is what
43 1/11/01
you call in Cuba a callejon. "Callejon" means a dirt road in a countryside. This is what we have in the
middle of international City. So are we going to do something about this?
Mr. Jackson: Ma'am --
Vice Chairman Gort: Ma'am, my understanding is we're getting a response now from the administration.
And this is on the record.
Carlos Gimenez (City Manager): Ma'am, we are going to start the drainage project in March, as we
promised in the tickler. And then the street will be paved. And all I can do is tell you that, you know, we
intend to follow our word, you know, which we sent on October 25th. And from what I have gathered
from Mr. Jackson, we did put the balance down as we said we were going to put the balance --
Ms. Rey: No. Regretfully, you didn't, because your memo was dated October 25th, and as of October
25th, no one has been there to place any balance rods to facilitate water percolation.
Mr. Gimenez: Well, that's not what I hear from the Director of Public Works. We'll recheck it and make
sure that they have it. But you have my commitment that by March 2001, your drainage, you know --
Vice Chairman Gort: Ms. Rey --
Ms. Rey: So I have your commitment.
Vice Chairman Gort: Let me interrupt you a minute.
Ms. Rey: Yes.
Vice Chairman Gort: The commitment has been made in here. This is on the record, and it's going to be
done. The problem that we've had in the past is what you have here. Residents -- You answer to us. We
send it back to the residents, believing that this takes place, and then we get a memo saying it took place.
Then you go and visit the location, and it has not taken place. So this is something that we have to be very
careful with, I mean. And you can't blame people when they get memos from us telling them that this is
the information that we have. If we cannot do it, I think we should be informing the people. If we're
going to take time, I think we should. But every time we make a commitment like that and we don't do it,
we lose face. And we get a lot of these. I mean, I got the memo today where you all got together with all
the contractors that are doing these streets and so on, but still, some of our streets still look very bad.
They have not -- even the temporary. They have holes in it. We need to work on this.
Mr. Jackson: Yes, sir.
Commissioner Regalado: And by March of this year, she will be back before the Commission to thank us
or to tell us, but you know, we'll be on top of that, Ms. Rey, I assure you. You have the commitment on
the record. This is videotaped. This is -- and the administration has to --
Ms. Rey: No, I don't -- I have a commitment, I have word commitment. What I'd like to know is what --
you know, the --
44 1/11/01
Commissioner Regalado: You have the commitment.
Ms. Rey: I must -- excuse me. Excuse me, Commissioner. Vice Chairman Gort is correct in what he
states. The citizens here -- and I've spoken to many citizens in the West Little Havana area and in other
places. And our concern is this: If a project is not going to be done, do not tell us that it will be done.
Don't give us empty promises. Just say: Look, I'm sorry, we cannot do this project because, you know,
of this, of this reason. Give us, you know, a legitimate reason. When you give us empty promises, you
know, the citizenry of this -- you know, residents and the taxpayers lose faith in City Commission. You
know that I am here today, and everyone in that particular area, in the West Little Havana area, not only
the ones who reside in the dead end street, but the other people in that area have said to me, and they said,
"The Commission will do nothing." That's exactly what they say. "They're not going to do a damn
thing." That's exactly -- I'm quoting them. "No van hacer nada. No van hacer nada. " And I said to
them, "We elected them. They will do something." They said, "No, they're not going to do a damn thing.
They're just going to increase our taxes." And so I want you to understand the frustration of these people.
And he's correct in what he states. He said, if, you know, if you cannot do something, please tell us, but
don't give us empty promises. And, you know, and then -- because we lose faith and credibility. And
what happens? We don't go out and vote.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Ma'am, you can make sure that that promise made to -- here in front of us, and
things will be done. Commissioner Teele.
Commissioner Teele: Mr. Chairman, I'm in total agreement with everything that Ms. Rey is saying. And
I think, Ms. Rey, you obviously are very frustrated, but you would not be before us today in the manner in
which you are had not your Commissioner placed this on the agenda as an item of high priority, Southwest
29th Avenue.
Ms. Rey: Mm-hmm.
Commissioner Teele: So the system has problems, but it's still working. And it works, because you're
able to come before us and petition us, because your Commissioner is listening to you. Now, this is the
problem that he has, and this is the problem that Commissioner Gort has already shared with you, and a
problem that I want to join you in. A lot of things have happened in the past, and every time we change
Managers, we literally reset the I'll get around to it clock. In other words, everybody is frustrated, and
everybody's saying, "But I didn't make that commitment." But the City made that commitment, and you,
as a citizen that pays taxes, continue to pay taxes, and you don't get services. And so I think you're
absolutely right. I think the thing we should do is put this on the agenda right now for March the 22°d,
invite you back now. Ask your Commissioner to see if he would like to do that. I certainly will support
Commissioner Regalado in this effort. But I will tell you right here and right now, there's a lot of good
intentions, but in this whole area, there's some very, very limited results. And so what we're dealing with
now is a problem -- we've got a new Public Works Director. He's only been there for -- what? How long
you been Director?
Mr. Jackson: Six months.
45 1/11/01
Commissioner Teele: So he's only -- so every --
Ms. Rey: I understand that, Commissioner.
Commissioner Teele: And it's that whole -- it's that whole cycle.
Ms. Rey: Commissioner, I understand that. I understand that. Yes. That's what I called the political
merry-go-round; a bureaucratic political merry-go-round is what I called it, because whenever there is a
change in administration -- you know, because I just passed a memo that Warshaw wrote to Commissioner
Regalado. Now, Commissioner Regalado has been the only one. He's been personally there to see, and to
speak to the residents there. I mean, he personally visited that particular area. And he saw that this place
has become like a City dump, you know. It's like a third world situation.
Commissioner Teele: But, see, this goes to a bigger question. And I thought back in -- when I was
elected three years ago that we made a commitment that there would be no streets -- and I know,
Commissioner Gort, I went into an area, and I used your district, in particular -- that the minimum
standard would be every street in the City of Miami would be paved. And so, I mean, that's not asking a
lot. I mean, none of the streets in the black community have sidewalks. Well, very few of them do.
Drainage doesn't work, but at least every street ought to be paved. I mean, I know there's five people up
here that's going to say we ought to have paved streets. I'm shocked to learn that your street isn't paved.
Ms. Rey: Well, sir, it can't be paved. If they paved the street, then what happens is, according to an
engineer, it would flood even more. So they have to construct a drainage. You see, we have a sewage
system there, and they have to construct the drainage, and then they pave the street.
Commissioner Teele: Yeah, but when I say "paved," you know, it assumes that you're going to do the
drainage.
Ms. Rey: Oh, OK. I understand that.
Commissioner Teele: But every street in this City -- and at the end of all of this, I would ask the Manager
to provide us with a list by district of all of the streets in the City that are not paved, because when we deal
with CDBG (Community Development Block Grant) funding, that should be one of the first things that we
do. And part of the problem, Mr. Jackson, is that Public Works will never come forward with a list of
projects. They want a block of money. And then that's the way this has been done in the three times that
I've sat up here. We give "X" number of dollars to Public Works, and you all are going to come back and
tell us what you're going to do. The time to tell us what you're going to do is right now. Give us a list of
the streets in the City of Miami, starting with this street, that are not paved, because that has to be the
priority of this City.
Vice Chairman Gort: And Commissioner Teele, if you recall, we requested of the Manager to come back
with a capital improvement program for the whole City. And I think you all are working on this capital
improvement program, and we would like to see it. And I think the residents need to see it, and what
dates and what targets that we have for those things. Ma'am -- Commissioner Regalado, if you make the
motion to have her back on March -- when are you saying this is going to begin?
46 1/11/01
Commissioner Regalado: Yes. Ms. Rey will be back, hopefully, on March, on the second meeting of
March and the report from Public Works. We will have pictures available to the members of the
Commission as it is now, and hopefully, the beginning of March, the process to fix that street.
Vice Chairman Gort: So we hope to see you back on March 22nd, and hopefully, you'll have some good
news.
Commissioner Regalado: Thank you.
Ms. Rey: And now, why do you want to see me on March 22nd .
Vice Chairman Gort: So you can tell us if it's being done or not.
Ms. Rey: Well, the project is slated to start March 2001, but it hasn't -- but it doesn't have a date.
Vice Chairman Gort: Well, we have Commission meeting on March the 22nd. That's why we want you to
come back at the Commission meeting.
Commissioner Regalado: That's why we're telling -- we're asking you to.
Ms. Rey: You're asking me to come back and to see if I got off the political merry-go-round?
Vice Chairman Gort: Yes.
Commissioner Regalado: Yes, exactly.
Vice Chairman Gort: OK. And you can get (unintelligible).
Commissioner Regalado: Thank you.
Ms. Rey: OK. Thank you.
Commissioner Regalado: Thank you.
47 1/11/01
Commissioner Regalado: And the last item, Mr. Chairman, is a temporary waiver of rent to a not-for-
profit organization for a period of 90 days in the Manuel Artime. And the City Attorney said that the way
to help a not-for-profit organization who wants to be housed at the Artime is rather than to reduce the rent,
to waives the fees, and this could be done. I think we already have the resolution.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and seconded. Any discussion? Being none, all in favor, state it by
saying "aye."
Commissioner Regalado: Aye.
Commissioner Winton: No.
Commissioner Teele: Aye.
Vice Chairman Gort: Aye. One "no."
Commissioner Sanchez: Two "noes."
Vice Chairman Gort: Two "noes."
Commissioner Regalado: OK.
48 1/11/01
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 01- 18
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING
A WAIVER OF RENTAL FEES FOR THE JOSEFINA CASTANO
KIDNEY FOUNDATION (THE "FOUNDATION") AT THE MANUEL
ARTIME COMMUNITY CENTER FOR A PERIOD NOT TO EXCEED
NINETY (90) DAYS; AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENT (S), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE
FOUNDATION, 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 Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
NAYS: Commissioner Joe Sanchez
Commissioner Johnny L. Winton
ABSENT: None
49 1/11/01
I. I PROPOSES EWSRACKGULA MONS.
Vice Chairman Gort: Item 2.
Carlos Gimenez (City Manager): Mr. Chairman.
Vice Chairman Gort: Yes.
Mr. Gimenez: We'd like to pull Item 4.
Vice Chairman Gort: Any other items you'd like to pull from the agenda?
Commissioner Teele: Second the motion to remove item number 4.
Vice Chairman Gort: Any other items?
Mr. Gimenez: No, sir, that's it.
Vice Chairman Gort: OK. It's been moved and seconded. Any further discussion? All in favor state it
by saying "aye."
The Commission (Collectively): Aye.
50 1/11/01
The following motion was introduced by Commissioner Gort, who moved for its adoption:
MOTION NO. 01-19
A MOTION TO WITHDRAW (PULL) CONSIDERATION OF
AGENDA ITEM 4 (PROPOSED REGULATIONS OF NEWSRACKS IN
PUBLIC RIGHTS-OF-WAY IN THE CITY OF MIAMI BY
REPEALING EXISTING ARTICLE VII OF CHAPTER 54 OF THE
CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
PERTAINING TO SUCH REGULATION AND SUBSTITUTING, IN
LIEU THEREOF, NEW ARTICLE VII IMPOSING SAFETY AND
AESTHETIC RESTRICTIONS RELATED THERETO; PROVIDING
FOR PURPOSE; PROVIDING DEFINITIONS; PROVIDING FOR
NEWSRACK CERTIFICATION PROCEDURES AND FEES, ETC.).
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Commissioner Regalado: On the newsrack, I don't understand. We -- I got a memo, and I sent it back,
because -- for clarification. You said, Mr. Manager, that in your new discussions with members of the
print media, you will incorporate language in the ordinance that will be brought back to us. That's what
the memo says.
Frank Rollason (Assistant City Manager): That is correct. Frank Rollason, Assistant City Manager.
We're going to meet with them again, with all the industry, in mid-February. Some proposals are going to
be brought forward to us, for us to look at. We're going to evaluate those and decide at that time whether
to stand pat with what we have, incorporate them into the language and come back to you in March.
Commissioner Regalado: Well, if we voted for something, how can we vote on a second reading for
something that is different?
Alejandro Vilarello (City Attorney): Commissioner, if you remove it from the agenda -- and there was a
motion made in removing it from the agenda -- essentially, that -- if it comes back to you, it comes back
on first reading. Is that what the intention of the administration is?
Mr. Rollason: That wasn't the intent. But, I mean, if we can postpone it --
51 1/11/01
Mr. Vilarello: So then I would recommend the matter be deferred.
Commissioner Teele: It doesn't come back on fist reading unless you change the title.
Mr. Vilarello: Well, then I would recommend instead of removing it, defer it to a meeting at a date
certain.
Mr. Rollason: Right. Right. We're looking for the first meeting in March to bring it back to you, the --
March 4th
Commissioner Regalado: I don't have any other problem. The problem I have is that we went through all
these hours of discussion, and then you're going to decide that you're going to change it and bring it back
to us for more discussion.
Mr. Rollason: Well, Mr. Commissioner, at the first reading, we were directed to go back to the industry
and see if there was a way to come up with some modifications that may make the -- some publications
more noticeable, and we're attempting to do that. So that's the direction that we had, to come back with
those changes, if it was feasible.
Commissioner Teele: Yeah, but let's just clear up three points here. Number one, the motion was a
motion to defer. The Attorney is saying you would prefer the motion be to -- what?
Commissioner Sanchez: No.
Mr. Vilarello: No. The motion was to remove. I am recommending -- It is before you on second reading
today. That means the City Commission --
Vice Chairman Gort: To continue. We need a motion to continue.
Mr. Vilarello: Defer it to the March meeting?
Mr. Rollason: Yeah, right, the March 4th meeting.
Commissioner Teele: OK. We didn't vote on the previous motion.
Commissioner Sanchez: Yes, we did.
Commissioner Regalado: Yes, we did.
Vice Chairman Gort: Yes, we did.
Commissioner Teele: Then I would move to reconsider that motion.
Commissioner Winton: Second.
52 1/11/01
Vice Chairman Gort: Second. Discussion. Being none, all in favor, state it by saying "aye."
Commissioner Winton: Aye.
Commissioner Regalado: Aye.
Commissioner Teele: Aye.
Vice Chairman Gort: Aye.
Commissioner Sanchez: One "no."
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 01-20
A MOTION TO RECONSIDER VOTE PREVIOUSLY TAKEN IN
CONNECTION WITH THE WITHDRAWAL (PULLING) OF AGENDA
ITEM 4 RELATED TO THE ABOVE-CITED PROPOSED NEWSRACK
REGULATIONS.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: Commissioner Joe Sanchez
ABSENT: None
Commissioner Teele: Then I would move that the item be deferred to the meeting of March --
Commissioner Winton: Fourth. Second.
Commissioner Teele: March 4th or March --
Mr. Vilarello: Eighth.
Vice Chairman Gort: March 8th
Mr. Rollason: March 8th. I'm sorry.
Commissioner Teele: March 8th
53 1/11/01
Mr. Rollason: I need to tweak these a little.
Vice Chairman Gort: It's been moved and seconded. Any discussion?
Commissioner Regalado: Yes. And that before the meeting of March 81h -- right? -- Give us an idea of
what you are incorporating.
Mr. Rollason: We will do that. If we make some changes, as I've been sending the drafts to your office in
the past, we'll do that again and send the draft right away. We'll highlight the changes that we are
recommending.
Commissioner Regalado: Because, I mean, if we are going to accept any other colors, or whatever --
Mr. Rollason: You're right.
Commissioner Regalado: -- you know, we need --
Mr. Rollason: Right. We want you to be aware of it before comes here before you on the Stn
Commissioner Teele: And the third point, while we have the motion there, when this item appears before
us on March 8th, it is up for second reading. If the title changes --
Commissioner Sanchez: It goes back to first reading.
Commissioner Teele: Only if the title changes. You can make changes. The Attorney can make changes.
But if you make changes that change the title, then it has to go back for a new first reading.
Mr. Rollason: Understand.
Commissioner Teele: If you make substantive changes that don't change the title, it's still here on second
reading. Is that a fair statement, Mr. Attorney?
Mr. Vilarello: I would characterize it as material changes are made to the ordinance, it would require it to
go back to first reading. If material changes are not, then it would be before you on second reading.
Commissioner Teele: OK.
Mr. Vilarello: Your City Attorney does.
Commissioner Teele: So it's the intent, unless there are material changes that this would be with us on
second reading on March the 8th. I just wanted to clarify the record.
Mr. Rollason: I guess our position from the administration end is if we make some changes, we'll run that
by the City Attorney, and we'll know on the 8th whether we're coming for the second or we're starting off
on the first again.
54 1/11/01
Commissioner Teele: Well, you'll know before then. You'll know when you make the change.
Mr. Rollason: Right. That's correct.
Commissioner Teele: Yeah. Right. No further questions, Mr. Chairman.
Vice Chairman Gort: OK. Any further discussion? Being none --
Commissioner Sanchez: None.
Vice Chairman Gort: Anything further? State it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 01-21
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 4
(PROPOSED ABOVE-CITED NEWSRACKS REGULATIONS) UNTIL
THE MEETING PRESENTLY SCHEDULED FOR MARCH 8, 2001.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
55 1/11/01
Vice Chairman Gort: Item 2, a resolution ratifying the City Manager's finding of emergency, waiving all
the requirements for --
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Commissioner Sanchez: Second, for the purpose of discussion.
Vice Chairman Gort: Discussion.
Commissioner Sanchez: Now, we just heard Ms. Rey give a very frustrated argument here in front of the
Commission on her street. And she's not the only one. And, you know, I'm not going to get into the past
sins of the City in any way. But I could say that at one time, the City didn't have enough money for
capital improvement or to fix our streets. But today, the City has turned around. And what at one time
was a sixty-eight million dollar ($68,000,000) deficit today is a sixty-five million dollar ($65,000,000)
reserve, and a possible seven million surplus. You know, several of the Commissioners up here stated that
the streets are in poor condition, and Public Works had done all it can with the resources that it has to fix
the streets. But I have not heard a key word here, and pertaining to this one, I can see that they've done a
condition survey, Citywide condition survey to locate this area, and consider it an emergency. Now, what
I would like to direct the City Manager is to conduct a Citywide condition survey on all roads in the City,
and come back with ways to address this, because, let me tell you, our streets -- some streets in our City --
and I dare someone to against me on this -- look like third world streets. Most of the streets are a liability
to the City, because of the lines. The street stripings are so worn out. And I'll tell you, I had two avenues
in my district, which I've contacted Dade County and asked them to pave it. They came back, and what
they did, they went out there and just re -striped it. But, you know, we have several -- throughout the
whole City. I'm not even talking about my district. I'm looking at this as a Citywide concern, is that our
streets -- and we continue to let people come in and do repairs on our street, patch them up and leave, and
56 01/11/01
they look like a third world country. And I know this Commission has addressed this administration
several times to find ways to improve our streets. We have the money now. I think that several editorials
have come out. I think that the administration has made recommendations to find money, locate those
fundings, which they could come out of the capital improvement funds, which this project is coming --that
funding is coming out of. And I got nothing against this project. You got to start somewhere. But we
need to start focusing our resources to improving our roadways. OK? You know, that lady, at least she
had the courage to come in front of this Commission, if very frustrated. But there's hundreds, hundreds of
people out there that are also frustrated, because they contact my office saying, hey, you know, my
curbing is all destroyed. You know, we have made significant improvements, because we have fixed
sidewalks, and we're starting to do some things that now we have the funding. My thing is, what I tell
them is, "Listen, we didn't have the funding back then, but we have it now." We no long have the excuse
we don't have the funding. Now we have the funding. We need to get the resources and get -- and start
doing it. So I would ask -- and this will be a motion to have the City Manager conduct a Citywide
condition survey, Citywide, and come back to this Commission with a priority list of streets that should be
repaired. And I don't care -- I'm not speaking for my district. I'm speaking Citywide -- to come back,
and if there's funding that's going to go towards that, they should go down that list to at least start
showing not only the residents of the City, but everyone else that we're going to start putting some money
in fixing our infrastructure in the City. That's --
Commissioner Teele: All right. On the motion, the motion is not germane to the resolution that's before
us, but it would certainly be appropriate to be made right after this resolution is acted upon.
Commissioner Sanchez: Yes. Well, there's a second.
Commissioner Teele: Mover and second. Is there objection? Commissioner.
Commissioner Regalado: There is one thing in item --
Commissioner Teele: On the resolution before us.
Commissioner Regalado: Yeah, on the resolution before us. I think there's something similar in item 38
in the agenda. It's Moody's report and discussion on the infrastructure of Public Works.
Commissioner Sanchez: Let's call the question on 2.
Commissioner Teele: OK. On item number 2, all those in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Teele: All opposed? Commissioner Gort is voting --
Vice Chairman Gort: I'm sorry. I didn't hear the motion that was made.
Commissioner Teele: This is a motion on approving the Manager's finding to -- of emergency to waiver
sealed bids and do roadway improvements.
57 01/11/01
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01- 22
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5 THS) 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
AUTHORIZING THE ACQUISITION OF SERVICES FOR THE
DEPARTMENT OF PUBLIC WORKS FOR CAPITAL
IMPROVEMENT PROJECT NO. 341203, ENTITLED MODEL CITY
ROADWAY IMPROVEMENTS, LOCATED AT NORTHWEST 41sT
STREET BETWEEN NORTHWEST 12TH AND NORTHWEST 17TH
AVENUES, MIAMI, FLORIDA, AS FOLLOWS: DESIGN AND
ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED
$100,000 AND AWARD OF A CONSTRUCTION CONTRACT TO
THE LOWEST RESPONSIVE RESPONSIBLE BIDDER IN AN
AMOUNT NOT TO EXCEED $650,000; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PROJECT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Commissioner Teele: All right. Commissioner Sanchez is recognized on a companion item that you just -
Commissioner Sanchez: And the companion item is to direct the City Manager to conduct a Citywide
condition survey of roadways, and come back with a priority list to this Commission, so we could find
funding to start fixing our roadways in the City. So move.
58 01/11/01
Commissioner Winton: By when? Second. By when? Commission meeting.
Frank Rollason (Assistant City Manager): If I may, for a second. I think what we need to do is get with
some of the consultants we already have and see what kind of time frame they would tell us, and we can
come back and -- or inform you by memo on a time certain. But I --
Commissioner Teele: Well, why don't we say by March 22nd. And then if that's not enough time, then on
the 22nd --
Mr. Rollason: OK. Then we can come back and say we need an extension.
Commissioner Teele: You need more time.
Mr. Rollason: That sounds fair.
Commissioner Teele: Is that fair?
Commissioner Regalado: Yeah, but remember that the Manager promised that he would tell us in January
the surplus that can be used for infrastructure.
Carlos Gimenez (City Manager): Yes, sir. It's not just the surplus. What we're doing is we're having an
overall meeting of all the projects that were funded from before, and see if any of those projects are really
relevant, and we can reprogram some of those funds to other projects. So --
Commissioner Regalado: No, no, no, no. But I'm talking about the use that we are going to have for the
surplus.
Mr. Gimenez: Yes, sir.
Commissioner Regalado: Exactly in numbers of dollars and money. Remember this rebate idea or
whatever? The Commission set priorities, and we need to know exactly the money amount of surplus. No
Commissioner Sanchez: Yeah.
Commissioner Teele: OK.
Commissioner Sanchez: But one --
Commissioner Teele: Hold on. The motion before us --
Commissioner Sanchez: Right. One step at a time.
Commissioner Teele: -- is a motion to instruct the Manager to report to this Commission by March 22nd
with a list of all of the streets and infrastructure --
59 01/11/01
Commissioner Sanchez: Citywide condition survey.
Commissioner Teele: Citywide, and related infrastructure projects that are needed Citywide. And that
was moved by Commissioner Sanchez, seconded by Commissioner Winton. Now, is there objection on
that?
Mr. Rollason: Well, just a little clarification, if I may ask, because we sort of add that, and any related
infrastructures to it. We've got the drainage situation. We've got the sidewalks. So, you know, you tell
us --
Commissioner Sanchez: No. We're focusing on roadways.
Mr. Rollason: If you want a --
Commissioner Sanchez: Focus on roadway --
Commissioner Teele: That focus is --
Commissioner Sanchez: -- paving some of the streets in our City.
Mr. Rollason: On the roadways I can -- So that we are clear with whatever consultant we get that this is
your charge.
Commissioner Sanchez: Frank --
Mr. Rollason: I hear you.
Commissioner Sanchez: -- paving some of the streets in our City --
Mr. Rollason: I gotcha.
Commissioner Sanchez: -- which so needs to be done.
Mr. Rollason: I hear.
Commissioner Teele: But the point he's making is very important, now, and that's this: You can't pave a
street until you do the drainage.
Vice Chairman Gort: Right.
Commissioner Teele: And so when we say "the roadway," we're assuming that you're going to take all of
the steps necessary to bring that to completion.
Vice Chairman Gort: See, what we're doing right now when we get a complaint, we forward to them.
They go and they -- there's a hole in the middle of the road. They go ahead and put whatever material you
60 01/11/01
put on it, and then within six or four months, that hold comes back again. So I think that's capital -- when
I'm talking about capital improvement, I'm talking about the whole thing. The biggest problem that we
have within the City of Miami right now is the drainage.
Mr. Rollason: I think we should be from the sidewalk over.
Commissioner Winton: Definitely. That's right.
Mr. Rollason: The public right-of-way is what needs to be looked at.
Commissioner Sanchez: Frank, Frank, Frank, why do we tend to complicate things?
Mr. Rollason: Well --
Commissioner Sanchez: Wait, Frank.
Mr. Rollason: OK.
Commissioner Sanchez: If it already has drainage and we just need to pave it, you pave it. If it doesn't
have drainage, then you put the drainage and then you pave it. You know, why do we tend to complicate
things? It's a simple motion.
Commissioner Winton: Because he didn't understand that motion. And that's why we're clarifying.
Commissioner Sanchez: Frank understood that motion.
Vice Chairman Gort: It's not complicated, but you have to give the specifics, because then they'll come
back and say, "Well, you told us that this is what we were going to do." So we want to make sure they
comprehend the whole area.
Commissioner Winton: Call the question. Call the question.
Vice Chairman Gort: All in favor state it by saying "aye."
Commissioner Sanchez: Based on a priority as needed.
The Commission (Collectively): Aye.
61 01/11/01
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 01-23
A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE
DIRECTOR OF PUBLIC WORKS TO CONDUCT A CITYWIDE
ROAD CONDITION SURVEY OF ALL STREETS IN THE CITY OF
MIAMI IN NEED OF REPAIR; FURTHER INSTRUCTING THE CITY
MANAGER TO BRING BACK A PRIORITY LIST IDENTIFYING
FUNDS TO ADDRESS THIS MATTER AT THE MEETING
CURRENTLY SCHEDULED FOR MARCH 22, 2001.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Commissioner Regalado: How about --
Commissioner Sanchez: And then we'll worry about the funding.
Commissioner Regalado: How about --
Commissioner Sanchez: Because that will come up on item 38, correct? Where some of the funding is
going to come for infrastructure improvement.
Commissioner Regalado: Yeah, but how about the amount of money that will be the surplus for last
year's budget?
Mr. Gimenez: When we have that figure available, we will get that back to you. What I was saying, that
in addition to that money that's the surplus, we're identifying the possibility of some other old projects
that were funded that no longer are relevant, that you may even be able to add, in addition to the surplus,
additional moneys to do additional infrastructure work.
Commissioner Regalado: OK.
62 01/11/01
Vice Chairman Gort: OK. Thank you. Yes, sir.
Commissioner Teele: We keep getting into this, and I want to be on the record on one important point.
The reserves or the unused last year is one source. And I don't know, Frank, when we're going to bring
this up. But the biggest source of money is the money we're not collecting impact and fees, based upon
the County and others using our public rights-of-way. And I don't know when -- you know, I've asked
the management. I've pleaded with the management. I've asked Nachlinger. I've asked Rollason. I've
asked the Budget Director. I've asked the Public Works Director. I don't know when you all are going to
all sit down -- and I really hold Mr. Nachlinger as responsible as I do you, Frank, on this -- and figure out
a comprehensive strategy to develop a set of ordinances that require impact fees, and fees -- and
inconvenience fees, et cetera, to be collected from the people who are using and interrupting the streets of
Miami. And you know what I figured out, Commissioners? The only people that really safeguard the
City interests in the past have been the unions, because the way this thing is gerry-rigged, to pull a permit,
all you got to do is work with the Police Department for the extra police officers. That's literally all
you've got to do. Or you may write him a check for twenty dollars ($20), twenty-five dollars ($25) to
Public Works. But this is the way this whole system works. You give Public Works a twenty-five dollar
($25) fee, and then you sit down and you negotiate with the Police Department the overtime for the police
that are going to be working there, which may be three, four, five thousand dollars ($5,000). And this has
been the system for the last ten years in the City of Miami. We're not collecting anything. I asked the
question, Johnny, in your district, from Biscayne Boulevard, from 15th Street to 19th Street has been
blocked off for about a month. You can't get to the Eighteen Hundred, or Margaret Pace Park -- ha-ha --
the Eighteen Hundred Club or the Margaret Pace Park area without being an airborne ranger steeped in
infiltration. The roads are all blocked off. 17th is blocked off. 16th is blocked off. 15th, you can get
through, and some days, you can get through on 19th. And then one of them is a dead end, and one of
them is a dead end you don't want to be in at night, unless that's your lifestyle. So the problem becomes,
how do you get there? But the question that nobody is asking is, how much money are we collecting for
the inconvenience? You know what the answer is? Zero dollars. There is no way the County would
allow us to do that to them without collecting an impact fee and an inconvenience fee. We're literally
leaving tens of thousands and millions of dollars on the table just by not coming forward with a
comprehensive scheme. But you know what? You know who's controlling the whole process? Some
special events major in the Police Department. That's where you have to go to get the permit. Which has
nothing to do with us. It has everything to do with police overtime. And it shows up to us as some huge
amount of money that the Police Chief has overspent. And he's not overspending. They're collecting it.
So we need to hire the unions, maybe, to come advise us on how we can figure out how to collect the
money, because the money is there to repair these streets, if we had been building it up. And Frank, you
know, if I'm overstating, if I -- I mean, obviously, you wouldn't characterize it the way I have, but what is
the amount of fees paid, for example, for the total block off of that whole section of Commissioner
Winton's district, over there around 17th Street, 18th9
Mr. Rollason: Maybe John can tell you the amount, but you're right. After we -- after you and I talked
the issue on the phone the other day, I've been trying to -- or I have been -- instructed my secretary to
schedule a meeting, bring all the people together, so -- with the City Attorney's Office, with Mr.
Nachlinger, myself, Public Works, so we can sit down and we can look at the existing ordinances and see
what we can put in place to recoup those costs.
63 01/11/01
Commissioner Teele: But I want to know from Public Works. For all of that construction that's gone on
for almost 30 days, what is the amount of the fee being paid to Public Works?
John Jackson (Director, Public Works): We do not charge a fee for the blockage, just the permit fee for
the inspection.
Commissioner Teele: How much is that?
Mr. Jackson: It's per linear feet of -- whatever the utilities being installed is what the fee is based on. We
don't charge a fee for blocking the right-of-way as an impact, inconvenience to the community.
Vice Chairman Gort: And the problem is all this is being connected and put there to serve the whole
County, but the residents of the City is the one that's paying for it. And I think if it's going to be a
regional use, it should be paid by everyone. And I think Commissioner Teele is correct in that. We need
to do something. And all we have to do is go look at other cities, see what they do in other cities. I mean,
we don't have to invent the wheel. All we have to do is check with a couple of cities, because this is
taking place all over the United States. Let's check with other cities, see how they do it, because they're
taking advantage of us, I'm telling you.
64 01/11/01
Vice Chairman Gort: OK. Item 3. Do we need a motion?
Commissioner Teele: So move, Mr. Chairman. Mr. Chairman, on Item 3, we need to hear from the City
Attorney. And did we carry Number 2?
Walter Foeman (City Clerk): No, we didn't. Number 2, yes, but on your motion.
Commissioner Teele: Huh?
Vice Chairman Gort: We passed it.
Commissioner Teele: But the motion by Commissioner Sanchez is the one we never carried.
Mr. Foeman: That was, yes, that was carried.
Commissioner Teele: That was the motion instructing the Manager by March 22°a, dah-dah-dah-dah-dah.
Vice Chairman Gort: Right. That was passed, right?
Commissioner Teele: No. Could we call the question?
Mr. Foeman: By Commissioner Sanchez. His motion passed. Yes, we did.
Commissioner Teele: Is there anything pending?
Mr. Foeman: No.
Vice Chairman Gort: So we're on item 3 now.
Commissioner Teele: Mr. Chairman, I'd like to ask the Attorney.
Commissioner Teele: Do you recommend -- what is your recommendation?
Alejandro Vilarello (City Attorney): Commissioner, the Florida Statute permits or allows, gives the City
the option to pay the legal cost and reasonable attorney's fees of law enforcement officers who have been
charged with a crime arising out of their official duties, if ultimately they are found not guilty or not liable.
So the legal status of this matter is that Florida Statutes authorize you, and you have the discretion to pay
or not pay these fees. You have -- Mr. Cohen has brought before you the claims of three different police
officers, Pablo Camacho, Henry Llorella and Frank Taylor. I've provided the City Manager a
memorandum that details some of those issues. I believe he has distributed that to the City Commission.
Commissioner Teele: And what's your recommendation, Mr. Attorney?
65 1/11/01
Mr. Vilarello: Well, I believe the Manager has a recommendation. It's a policy issue. You have the legal
option to pay or not pay.
Commissioner Sanchez: But what is his recommendation?
Carlos Gimenez (City Manager): My recommendation is --
Commissioner Teele: But I want to know what your recommendation is.
Mr. Vilarello: That you exercise your discretion.
Mr. Gimenez: My recommendation is that we pay the costs for Henry Llorella and Frank Taylor, but that
we not pay the cost of Pablo Camacho.
Commissioner Sanchez: And that is based on a conviction?
Mr. Gimenez: It's based on the fact that Pablo Camacho was, in fact, convicted of one of the charges that
was levied against him.
Commissioner Winton: And the other two?
Commissioner Sanchez: And that is pursuant to an agreement between the City of Miami and the FOP
(Fraternal Order of Police)?
Mr. Gimenez: The other two were found not guilty.
Commissioner Teele: I move the Manager's recommendation.
Commissioner Sanchez: Second.
Commissioner Winton: Second.
Ronald Cohen: Mr. Chairman, may I be heard?
Mr. Vilarello: Mr. Chairman, on that motion.
Vice Chairman Gort: Wait a minute. There's a motion and a second. Under discussion. Go ahead.
Mr. Cohen: OK. Mr. Chairman, members of the Commission, my name is Ronald Cohen. I proudly
represent the FOP, one of the many unions that always looks out for the City's interest. One of the things
that we also do is, of course, look out for our members' interest. In the Camacho case ,or in the Camacho
cases -- there were, in fact, two cases, some of you may remember -- he was indicted in the first case. He
was not convicted of any charges in the first case. There was a hung jury on one of the charges, and that
charge was dismissed by the government. So in the first case, there was no finding of guilt, whatsoever, in
the first case. In the second case, he was retried on different counts. He could not be tried on the same
66 1/11/01
counts, or it would have constituted double jeopardy. And the Federal Judge, Judge Marcus, who is now
in the Eleventh Circuit, in fact, ruled that it wasn't double jeopardy, that the trial were different matters
entirely, matters that arose after the incident. There were four counts in the second trial. He was acquitted
on three of the counts. So in summary, on the first trial, Mr. Camacho was not convicted of anything. He
was acquitted on all counts, except one, where there was a hung jury, and the United States did not retry
that. The United States filed a document dismissing that count. So he was, in fact, not found guilty on
any charges in the first case. In the second case, he was found guilty on one charge and acquitted on three
charges. So there are two separate cases in Camacho.
Commissioner Winton: Found guilty of what?
Mr. Vilarello: I can respond to that. He was --
Commissioner Regalado: Was it the church? I mean, was it the shirt, something about the shirt?
Mr. Cohen: On the first case, he was found not guilty of --
Commissioner Winton: I didn't ask that question.
Mr. Cohen: OK.
Commissioner Winton: I asked the question, what was he found guilty of?
Mr. Vilarello: He was convicted of a single count of providing false and misleading information to state
officials involving the death of Mr. Mercado.
Mr. Cohen: On the first case he was --
Vice Chairman Gort: That's the -- the question now is, what were the charges, the other charges that he
was dismissed?
Mr. Cohen: The charges on the first case, he was acquitted of beating Leonardo Mercado in a game room
prior to the incident where Mr. Mercado died, which was about one and one half months earlier. He was
acquitted of conspiring to beat Mercado, of beating Mercado and of beating Jose Soto, Mercado's alleged
son. But he was acquitted of all charges in the first case. The second case had to do with actions that he
allegedly took -- and he was convicted of it -- that he allegedly took back at the station in connection with
the shirt, a pocket on the shirt. That happened back at the station, not at the game room. That incident
happened in November, and not at the house in Allapattah. That incident happened on December 16th
Back at the station, after December 16th, in the second case, he was convicted of one count of something
with the shirt, misleading investigators by tearing his shirt. But on the allegations involving the beating of
Mercado and Mercado's son, on two -- and beatin� of Mercado on two occasions -- in the game room on
November 8th, and at the house on December 16t , he was found not guilty. And Tommy Trujillo was
found not guilty, and you did pay on Tommy Trujillo on that case or the City of Miami paid on Tommy
Trujillo on that case a number of years ago. He was found not guilty of that case, and he remains with the
Police Department. Officer Camacho is a retiree of the Miami Police Department, completed his time
here, and in fact, retired.
67 1/11/01
Mr. Vilarello: Mr. Chairman.
Vice Chairman Gort: Thank you. Mr. Taylor, you want to add something? OK.
Mr. Vilarello: Mr. Chairman, just to make one thing clear. The count that he was convicted about on was
providing false and misleading information in connection with the Mercado incident. So it was not a
separate, a completely separate case. It all arose out of that same incident. And based -- an issue with
regard to the motion that's before you. If this Commission chooses to pay these fees, then I would
recommend that they be directed to provide us the fees, the hours that they've spent on the cases and give
me an opportunity to review it, to make sure that what they are asserting is a reasonable fee in this
community.
Commissioner Teele: Are you saying for all of them?
Mr. Vilarello: For whoever you decide to pay fees on.
Vice Chairman Gort: In other words, you have not received any of this information?
Mr. Vilarello: No.
Commissioner Winton: And we don't --
Mr. Vilarello: I'm sorry.
Mr. Cohen: No. It's -- that's just not accurate. It's been furnished and it's in the file.
Commissioner Teele: Well, hold it.
Commissioner Sanchez: Hold it, hold it, hold it.
Commissioner Teele: I withdraw my motion. Look, look, again, it's the same basic issue. It should not
come before us until at least there is a -- and I mean, I'm going back and forth with you, Alex, about a
recommendation, jokingly. But seriously, I mean, you should have vetted this. You should have your
own independent advice. Don't send us out there and say, "Use your discretion."
Mr. Vilarello: Well --
Commissioner Teele: This is a matter of sensitivity. It involves what we call Rule 1 up in North Florida,
which is attorney's fees, which is very important. And the fact of the matter is, is that it's not -- it's the
public dollars, and we need to know. We have a working relationship with our police officers. We want
our police officers to know that we're going to back them if they don't do anything wrong. If someone
has not been convicted or has been found innocent, or charges are dismissed, we should pay their fees,
their reasonable fees with due dispatch. But it shouldn't come before us without your recommendation as
to what the fees are, reasonable. I don't mind you all arguing about whether he's being entitled to
seventy-five dollars ($75) an hour or seventy-nine dollars ($79) an hour or those kinds of things. We'll
68 1/11/01
resolve those. But on the basic issue as to how much we should be paying, I think you all should have met
on that.
Mr. Vilarello: Commissioner, this is, again, not civil violations or civil charges against our police officers,
but criminal charges.
Commissioner Teele: I understand.
Mr. Vilarello: State law provides that you have the discretion to pay or not.
Commissioner Teele: We may.
Mr. Vilarello: You may pay those fees or not. If you exercise that discretion or not is a policy
consideration, which is why I've deferred to the City Manager, who has made a recommendation to you.
Once you determine that you are interested in paying these fees, then I should get back involved to review
the fees, to make sure that they're reasonable and appropriate.
Commissioner Teele: Then the motion would be -- the appropriate motion then would be to accept the
request to pay legal fees, and instruct the City Attorney to return with a recommendation as to what those
payments should be in those two cases. That would be --
Mr. Vilarello: And Mr. Cohen is correct. I've been provided the fees with regard to Mr. Camacho.
Commissioner Regalado: Are you moving that?
Commissioner Teele: That would be my restated motion.
Commissioner Sanchez: Second.
Vice Chairman Gort: OK. It's been moved and seconded. Any further discussion? Being none --
Commissioner Winton: And that -- just to make sure we're clear here, and that's -- but that's based on the
Manager's recommendation of which fees we're paying.
Commissioner Teele: Of the two.
Commissioner Winton: Right.
Commissioner Teele: Of which two. But the amount, whether it's reasonable or not, that's going to have
to come back before us for a determination.
Commissioner Winton: Right.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
69 1/11/01
Vice Chairman Gort: Thank you.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 01-24
A MOTION TO ACCEPT THE REQUEST TO PAY LEGAL FEES FOR
TWO CASES: HENRY LLORELLA AND FRANK TAYLOR;
FURTHER INSTRUCTING THE CITY ATTORNEY TO COME BACK
WITH A RECOMMENDATION ON APPROPRIATE FEES FOR
SAME.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
70 1/11/01
Vice Chairman Gort: Item 4. That's been deferred. Item 5.
Commissioner Teele: So move. An ordinance, Mr. Chairman.
Vice Chairman Gort: It's been moved. Read it.
Commissioner Sanchez: Second.
Vice Chairman Gort: Second. Read it.
Commissioner Sanchez: It's been moved by Mr. Teele and seconded. It's an ordinance. Read the
ordinance.
Note for the Record: The City Attorney read the pending ordinance into the public record by title only.
Vice Chairman Gort: Roll call.
71 1/11/01
An Ordinance entitled
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS
FOR A NEW SPECIAL REVENUE FUND ENTITLED: "LOCAL LAW
ENFORCEMENT BLOCK GRANT V PROGRAM," AND
APPROPRIATING $2,821,192 TO SAID FUND, CONSISTING OF A
GRANT RECEIVED FROM THE U.S. DEPARTMENT OF JUSTICE IN
THE AMOUNT OF $2,539,073 AND MATCHING FUNDS FROM THE
CITY OF MIAMI IN THE AMOUNT OF $282,119; PROVIDING FOR
THE APPROPRIATION TO SAID FUND OF ANY INTEREST
EARNED FROM FISCAL YEAR 2000-2001 AND FISCAL YEAR
2001-2002; AUTHORIZING THE CITY MANAGER TO ACCEPT
SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
IMPLEMENT ACCEPTANCE OF THE GRANT AND
APPROPRIATION OF SAID INTEREST; FURTHER ALLOCATING
FUNDS THEREFOR IN THE AMOUNT OF $282,119, AS THE CITY'S
REQUIRED MATCH, FROM THE DEPARTMENT OF POLICE
GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
001000.290301.6.050; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of December 14, 2000, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner
Sanchez, the ordinance was thereupon given its second and final reading, by title, and was passed and
adopted by the following vote:
AYES Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12013.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
72 1/11/01
Vice Chairman Gort: Item 6. Establish special revenue fund, Miami -Dade County EMS grant.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: Just -- I have to go and do the daily TV program. You told me we'd be back at
3. I understand that the Mayor has plans to come down. If he does, I want to be here. If we can take a
recess, if he comes?
Commissioner Sanchez: The item is going to be heard at 3 o'clock. That's fine. That was my
understanding.
Commissioner Teele: What item was that?
Commissioner Sanchez: That's the jazz festival.
Vice Chairman Gort: The what?
Commissioner Teele: Oh, OK. All right.
Commissioner Sanchez: Yeah.
Commissioner Regalado: Oh, that. He's coming for that. OK.
Vice Chairman Gort: OK. Go ahead.
Note for the Record: At this point, agenda item 15 was tabled.
Note for the Record: Commissioner Regalado exited the Commission chamber at 11:46 a.m.
73 01/11/01
Vice Chairman Gort: Item 6. Do I have a motion?
Commissioner Teele: So move.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Read it.
Note for the Record: The City Attorney read the pending ordinance into the public record by title only.
Vice Chairman Gort: Roll call.
An Ordinance entitled
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED:
"MIAMI-DADE COUNTY EMS GRANT AWARD (FY 2000-01),"
AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME
IN THE AMOUNT OF $113,304.80, CONSISTING OF A GRANT
FROM MIAMI-DADE COUNTY; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of December 14, 2000, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner
Winton, the ordinance was thereupon given its second and final reading, by title, and was passed and
adopted by the following vote:
AYES Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS:
None
ABSENT: Commissioner Tomas Regalado
74 1/11/01
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12014.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
75 1/11/01
Vice Chairman Gort: Item 7. An ordinance amending the City Code for Parks Advisory Board.
Commissioner Sanchez: So move.
Commissioner Teele: Second.
Vice Chairman Gort: Read it.
Commissioner Winton: Wait, wait. Oh, do we discuss it before or after reading the ordinance?
Vice Chairman Gort: You can discuss afterwards.
Commissioner Sanchez: You discuss after you get a second.
Commissioner Winton: All right. Sorry.
Vice Chairman Gort: Well, it's been moved and seconded.
Commissioner Winton: Yeah. I thought --
Vice Chairman Gort: Discussion. Go ahead.
Commissioner Teele: This only gives the Chairman the authority to determine an absence to be
unavoidable.
Commissioner Sanchez: Yes.
Commissioner Teele: That's all this does.
Commissioner Winton: Yeah, but I'm not sure why we'd set that standard for one board and we don't
have it for any of the other boards. And from my viewpoint, if it's my appointee -- you know, I don't
know what all the excuses are that the Chairman's going to say are legitimate, but I'd like to know if my
appointee is going to these meetings or not. I don't care what his excuse is. It's kind of like an employee
who's always sick, you know. We need the job done.
Commissioner Teele: Well, I think we should defer the item, then. I think we should defer the item until
you're satisfied.
Vice Chairman Gort: Item 8.
76 1/11/01
Commissioner Winton: All right. But no -- well, you know, you all can vote. I'm not going to support it.
That's the only -- I'm just not in favor of this concept. So if you all vote me -- if you all out -vote me --
Commissioner Teele: Yeah. I'm not -- I mean, I'd like to understand why we would have one standard
for this board and different from all the City boards. If all the Chairmen of boards have that authority --
do they, Mr. Attorney?
Commissioner Winton: I don't think so.
Frank Rollason (Assistant City Manager): No. That's why it's here.
Commissioner Teele: Move that the item be deferred.
Vice Chairman Gort: Moved to be deferred.
Alejandro Vilarello (City Attorney): Defer it to the next Commission meeting?
Commissioner Teele: When the management is satisfied that we're not creating a precedent here.
Mr. Vilarello: It's before you on second reading, and I'd recommend that you defer it to a date specific.
Commissioner Winton: This is second reading? Well, I meant to say this last time. And I think it was
late. I think I was trying to get out of here for my Christmas party. That's what that was, and I -- so I let
it go by.
Vice Chairman Gort: Bring it back February the 8th or next meeting. All right.
Commissioner Winton: Well, I think, you know, from my viewpoint --
Commissioner Teele: November 8th
Commissioner Winton: -- if it's going to come back, we just ought to deal with it now, I mean, because
my view is we shouldn't set a separate rule for this one board over the rest of them. So if you all think
that I'm wrong, then, you know, we vote and I lose.
Vice Chairman Gort: Johnny, I think what you're saying is we'd like to move this across to all the boards,
but at the same time, we would like to have it -- set the rules to apply to everyone and not to the discretion
of the Chairperson?
Commissioner Winton: No that is absolutely not what I'm saying.
Vice Chairman Gort: OK.
Commissioner Winton: I'm saying I don't like this rule for any of the boards, because I don't want the
boards out of the control, where the Chairman's deciding that people can come or not come, and they're
excused, when under the current process, we get a notification from the City Attorney's Office when our
77 1/11/01
board member isn't coming, because they get thrown off, and then we have to vote them back on again,
because we choose to do so. And I would much rather go through that process, where we just have to, you
know, quickly sweep through and say, well, they missed attendance, and we're going to vote them back in
again. And we've done that on many boards. And then at least I know that my attendee is coming or not
coming. And that's all my point.
Vice Chairman Gort: I understand what you're saying, but let me ask you a question. Do we have a
standard within the boards that the -- I believe the person is in the hospital, hospitalized, or it's death in
the family, it's -- we don't have that.
Mr. Rollason: No, no.
Vice Chairman Gort: OK. We also have the levy that the -- you can be absent five times in a year.
Walter Foeman (City Clerk): It's four times.
Terry Griffin (Assistant Director, Parks & Recreation): Then you're off.
Mr. Rollason: And then you're removed.
Mr. Foeman: Three consecutive. Three consecutive.
Vice Chairman Gort: Three consecutive?
Mr. Griffin: It's three, three consecutive. What is it? Three --
Mr. Foeman: Four times in a calendar year, three consecutive times.
Vice Chairman Gort: OK. Now, why was this, the code for Parking Advisory Board was brought in?
Who brought this? Who sponsored this?
Mr. Griffin: Good afternoon.
Commissioner Teele: Whoever the chairman of the code -- of the Parking Board is.
Mr. Griffin: That's right. Terry Griffin, Parks and Recreation Department. This was something that was
asked of the Parks Department by the Parks Advisory Board Chair, Mr. Gregg Bush, in relation his
comments from members who had legitimately not been able to make meetings that wanted to, and I guess
he felt they had very legitimate reasons.
Vice Chairman Gort: OK.
Commissioner Teele: Call the question.
Vice Chairman Gort: Call the question.
78 1/11/01
Commissioner Teele: Have you finished reading it, Mr. Attorney?
Vice Chairman Gort: Call the question.
Note for the Record: The City Attorney read the pending ordinance into the public record by title only.
Commissioner Sanchez: Call the question.
Mr. Foeman: Roll call. Commissioner Sanchez.
Commissioner Sanchez: Yes, sir.
Mr. Foeman: Commissioner Winton.
Commissioner Winton: No.
Mr. Foeman: Commissioner Teele.
Commissioner Teele: No.
Mr. Foeman: Vice Chairman Gort.
Vice Chairman Gort: No.
79 1/11/01
Vice Chairman Gort: Item 8.
Commissioner Teele: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Read it.
Note for the Record: The City Attorney read the pending ordinance into the public record by title only.
Vice Chairman Gort: Roll call.
An Ordinance entitled
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED:
"GOLD SEAL ACCREDITATION PROJECT FY 2000-2001" AND
APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT
OF $12,000 CONSISTING OF A GRANT FROM MIAMI-DADE
COUNTY DEPARTMENT OF HUMAN RESOURCES, CHILD
DEVELOPMENT SERVICES DIVISION; AUTHORIZING THE CITY
MANAGER TO ACCEPT THE GRANT AND TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID
GRANT; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
80 01/11/01
passed on its first reading, by title, at the meeting of December 14, 2000, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner
Winton, the ordinance was thereupon given its second and final reading, by title, and was passed and
adopted by the following vote:
AYES Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS:
None
ABSENT: Commissioner Tomas Regalado
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12015.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
81 01/11/01
Vice Chairman Gort: Item 9.
Commissioner Teele: So move.
Vice Chairman Gort: It's been moved.
Commissioner Winton: Second.
Commissioner Sanchez: Second.
Vice Chairman Gort: Second. Read it.
Note for the Record: The City Attorney read the pending ordinance into the public record by title only.
Vice Chairman Gort: Roll call.
An Ordinance entitled
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS" TO
CHANGE THE PROCESS BY WHICH VACANCIES ON THE
COMMUNITY RELATIONS BOARD ARE FILLED; MORE
PARTICULARLY BY AMENDING SECTION 2-885 AND 2-1152 OF
SAID CODE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
passed on its first reading, by title, at the meeting of December 14, 2000, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner
Winton, the ordinance was thereupon given its second and final reading, by title, and was passed and
adopted by the following vote:
AYES Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS:
None
ABSENT: Commissioner Tomas Regalado
82 1/11/01
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12016.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
83 1/11/01
Vice Chairman Gort: Item 10. 911 wireless emergency.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved, seconded. Read it.
Note for the Record: The City Attorney read the pending ordinance into the public record by title only.
Vice Chairman Gort: Roll call.
An Ordinance entitled
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "911
WIRELESS EMERGENCY COMMUNICATIONS ACT," BY
ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS
AND AUTHORIZING EXPENDITURES IN THE AMOUNT OF
$379,173.56, CONSISTING OF FUNDS FROM FEES IMPOSED BY
THE STATE OF FLORIDA WIRELESS 911 BOARD, DEPARTMENT
OF MANAGEMENT SERVICES; PROVIDING FOR THE
APPROPRIATION TO SAID FUND OF ANY FUTURE FEES
COLLECTED AND AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID FUNDS AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
84 1/11/01
was introduced by Commissioner Teele, seconded by Commissioner Winton, and was passed on first
reading by title only, by the following vote:
AYES Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
S5 1/11/01
Vice Chairman Gort: Item 11. Cops More 98 Grant.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: So move -- second.
Vice Chairman Gort: It's been moved and seconded. Read it.
Note for the Record: The City Attorney read the pending ordinance into the public record by title only.
Vice Chairman Gort: Roll call.
An Ordinance entitled
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11759, ADOPTED FEBRUARY 9, 1999, WHICH
ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS FOR
A SPECIAL REVENUE FUND ENTITLED: "COPS MORE 98" BY
INCREASING SAID APPROPRIATIONS IN THE AMOUNT OF
$750,376, CONSISTING OF AN ADDITIONAL GRANT FROM THE
U.S. DEPARTMENT OF JUSTICE FOR THE CONTINUED SUPPORT
OF THE CIVILIAN POSITIONS AWARDED UNDER THE COPS
MORE 98 PROGRAM; AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THIS PURPOSE; AUTHORIZING THE CITY
MANAGER TO EXPEND MONIES FROM THIS FUND FOR THE
OPERATION OF THE PROGRAM; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
86 01/11/01
was introduced by Commissioner Teele, seconded by Commissioner Winton, and was passed on first
reading by title only, by the following vote:
AYES Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
87 01/11/01
Vice Chairman Gort: Item 12. Proposed ordinance, Operations C.A.R.S. Grant.
Commissioner Teele: So move.
Commissioner Sanchez: Second.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved, seconded. Read it.
Note for the Record: The City Attorney read the pending ordinance into the public record by title only.
Vice Chairman Gort: Roll call.
88 1/11/01
An Ordinance entitled
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11167, AS AMENDED, ADOPTED JULY 14, 1994,
WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED
"OPERATION C.A.R.S.," TO INCREASE APPROPRIATIONS TO THE
FUND IN THE AMOUNT OF $40,764, CONSISTING OF A GRANT
FROM THE STATE OF FLORIDA MOTOR VEHICLE THEFT
PREVENTING AUTHORITY; AUTHORIZING THE CITY MANAGER
TO ACCEPT THE GRANT AND EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE AND TO EXPEND MONIES
FROM THIS FUND FOR NECESSARY EXPENSES TO CONTINUE
THE OPERATION OF THE OPERATION C.A.R.S. PROGRAM;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on first
reading by title only, by the following vote:
AYES Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS:
None
ABSENT: Commissioner Tomas Regalado
89 1/11/01
Vice Chairman Gort: Item 13. Recycling Appropriations Ordinance.
Commissioner Winton: So move.
Commissioner Sanchez: So move -- second.
Vice Chairman Gort: It's been moved, seconded. Read it.
Note for the Record: The City Attorney read the pending ordinance into the public record by title only.
Vice Chairman Gort: Roll call.
An Ordinance entitled
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED:
"SOLID WASTE REDUCTION: RECYCLING AND EDUCATION (FY
'01)" AND APPROPRIATING FUNDS FOR THE DEPARTMENT AND
IMPLEMENTATION OF SAME IN THE AMOUNT OF $214,155,
CONSISTING OF TWO GRANTS FROM THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION: (1) A
RECYCLING AND EDUCATION GRANT IN THE AMOUNT OF
$174,155, AND (2) A WASTE TIRE GRANT IN THE AMOUNT OF
$40,000; AUTHORIZING THE CITY MANAGER TO ACCEPT THE
GRANT AWARDS AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR ACCEPTANCE OF THE GRANTS; CONTAINING
A REPEALER PROVISION AND SEVERABILITY CLAUSE.
90 1/11/01
was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first
reading by title only, by the following vote:
AYES Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Joe Sanchez
91 1/11/01
Vice Chairman Gort: Item 16. 14 and 15 have been deferred. Item 16.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. It's an emergency. We need -- Commissioner
needs to be here.
Alejandro Vilarello (City Attorney): This item needs a four/fifths vote.
Vice Chairman Gort: Wait a minute. Yes.
Note for the Record: At this point, agenda item 16 was tabled.
92 1/11/01
Vice Chairman Gort: 17. Accepting the proposed record plat.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved, seconded. Any further addition? Mr. Public Works, they
complied with all the requirements?
Commissioner Winton: Yes.
Vice Chairman Gort: Yes, they do. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01- 25
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, ACCEPTING THE PLAT ENTITLED "JESSE
DANIEL SUBDIVISION," A SUBDIVISION IN THE CITY OF MIAMI,
SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND
STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; AUTHORIZING AHD DIRECTING THE
CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT;
AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Joe Sanchez
93 1/11/01
Commissioner Teele: Brenda Lee? Where is Brenda?
Vice Chairman Gort: Item 18. Rather than waive this, I'll wait until everybody is here. It's a payment.
Proposed settlement, 19, the same. OK.
Commissioner Teele: Take item number -- what was that item --
Vice Chairman Gort: 16. Item number 16. Resolution ratifying the City Manager's action. Uniform
clothing and uniform accessories.
Commissioner Sanchez: So move.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? All in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 01-26
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5 TIS) AFFIRMATIVE VOTE RATIFYING, APPROVING,
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES, AND
AUTHORIZING THE PROCUREMENT OF UNIFORM CLOTHING
AND ACCESSORIES FOR THE DEPARTMENT OF POLICE FROM
MARTIN'S LAMAR UNIFORMS, IN AN AMOUNT NOT TO
EXCEED $9,950; ALLOCATING FUNDS FROM THE POLICE
GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.075.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
94 1/11/01
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
95 1/11/01
Vice Chairman Gort: Item 18. You all want to wait until we have a full Commission? It's the payments
of attorney fees.
Commissioner Sanchez: No. I would go ahead. Is this your recommendation, Mr. City Attorney?
Vice Chairman Gort: Mr. Vilarello.
Alejandro Vilarello (City Attorney): Yes, sir.
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion? All in -- Commissioner Teele.
Commissioner Teele: I'd like to take this up when Commissioner Regalado is here. Let me do this,
though. I think Commissioner Winton is owed a detailed explanation and background as to what's going
on here, because there is a contingent fee arrangement in an unrelated matter, in an unrelated matter
involving this law firm. It was an agreement that the Commission made after a lot of debate and
discussion. The firm was totally willing to do anything that the Commission wanted to do. But as I said
then, and I say it again, the contingent fee arrangement in an unrelated matter is going to come back one
day, and everybody is going to say, "Oh, I didn't know it was going to be that much money," or, "Oh, why
didn't we have a regular agreement?" or, "Oh something."
Mr. Vilarello: Mr. Chairman, if I may express my apologies to Commissioner Teele. When he brought
this matter before me, he did express some concerns. I have not had an opportunity to speak to Mr. Tew
with regard to that. And I would request that this matter be deferred to the next meeting so that I can
address that, and brief Commissioner Winton in full detail on this matter.
Commissioner Teele: I don't have any problems with what is before us.
Mr. Vilarello: I understand.
Commissioner Teele: My concern is --
Commissioner Sanchez: It continues on the other --
Commissioner Teele: -- is these matters overlap, and I would prefer to pay them an advance now on --
against any contingent fee that they get, because I think down the road, you know -- And they cut their
arrangement. I mean, this agreement was vetted. It went before the Oversight Board. But I think
96 1/11/01
Commissioner Winton needs to have the same information source as we all do, so that -- because it's
going to be something that's going to get discussed one day.
Commissioner Winton: Is this the one you and I talked about in my office?
Mr. Vilarello: Yes, sir.
Commissioner Winton: OK. So I am up to speed on that, now that you reminded me. And my view, I
guess, was a little different. I thought that -- because he did explain to me that this law firm had struck
this deal, and so my view was that if we're going to pay them now more than they agreed to in the
beginning, because they were --
Commissioner Teele: But this is an unrelated matter.
Commissioner Sanchez: It's an unrelated --
Commissioner Teele: But the facts are similar.
Commissioner Winton: No, I'm not sure. That isn't what I'm --
Mr. Vilarello: Commissioner Winton, what Commissioner Teele is referring to is the Deloitte, Touche
litigation where the City is a plaintiff against that accounting firm. This matter that's before you is
regarding representation by the firm in charges brought against the City by the SEC (Securities and
Exchange Commission). And Commissioner Teele's comment was not against this item as much as it was
perhaps to address it in terms of an advance against fees that they would collect in the Deloitte, Touche
matter at some future date. And I had not had an opportunity to speak with a partner in the firm on that
issue. And that's why I apologize, because I hadn't had a chance to speak with them.
Commissioner Winton: But they originally agreed that their fee would be capped at whatever the amount
was here.
Mr. Vilarello: They agreed to the presentation in the SEC matter at the amount of seventy thousand
dollars ($70,000).
Commissioner Winton: In the SEC matter, right? And now they want more in the SEC matter.
Mr. Vilarello: Correct.
Commissioner Winton: And so my view was, Commissioner Teele, that they struck the -- they offered up
the deal. We struck the deal. We have the deal. Now we want to provide incentive for them to not drop
the ball at this point. But it seems to me that if we were going to pay them additional fees, it'd be based
on performance. You get what we need at the end, and we're going to pay you this additional money.
You don't get what we need at the end, and what do we want to pay you more money for?
Commissioner Teele: But with the SEC, they obviously did perform, and they obviously performed
almost twice the amount of legal services as had been negotiated.
97 1/11/01
Commissioner Winton: Well, I'm talking about performance at the end of the day. What's the end result?
Because that negotiation, litigation is ongoing, right?
Mr. Vilarello: The SEC litigation has already been argued before the administrative judge.
Commissioner Winton: And we're waiting for an answer. And so when we get the decision back, then
it's easier for me to -- if we get the decision back that's favorable to us, then, you know, I'm going to raise
my hand and say they deserve the extra money. But if we get a decision back and we lost, then I'm not so
-- no. I can state that pretty clearly. If we lost, I'm not enthusiastic at all about giving them extra money,
in light of the fact that they agreed that they would cap this deal. So.
Commissioner Teele: The matter is going to be deferred until the next meeting? Is that it, Mr. Chairman?
Vice Chairman Gort: Yes.
Mr. Vilarello: That's my request.
Vice Chairman Gort: Motion to defer.
Commissioner Sanchez: Motion to defer.
Commissioner Winton: Right.
Vice Chairman Gort: Second. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 01-27
A MOTION TO DEFER TO THE NEXT COMMISSION MEETING
CONSIDERATION OF PROPOSED CONTINUED ENGAGEMENT OF
THE LAW FIRM OF TEW, CARDENAS IN THE MATTER OF CITY
OF MIAMI BOND OFFEREINGS.
98 1/11/01
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
99 1/11/01
Vice Chairman Gort: 19. Post -settlement, City Commission, Bonnie Smith versus City of Miami.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-28
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY BONNIE
SMITH AND CHARMAINE BEAUMONT, WITHOUT ADMISSION
OF LIABILITY, THE SUM OF $50,000, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI AND RAMON CARR, FOR THE
CASE, BONNIE SMITH, INDIVIDUALLY, AND AS NATURAL
GUARDIAN AND NEXT BEST FRIEND OF CHARMAINE
BEAUMONT, A MINOR; AND JOSE VASQUEZ, INDIVIDUALLY,
VS. CITY OF MIAMI POLICE DEPARTMENT, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA, RAMON CARR,
INDIVIDUALLY, IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, CASE NO. 98-9913 CA (23), UPON THE EXECUTION OF
A GENERAL RELEASE, RELEASING THE CITY OF MIAMI, ITS
PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES
FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING
FUNDS THEREFOR FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE NO. 51500L624401.6.652.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
100 1/11/01
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
101 1/11/01
Vice Chairman Gort: Item 20 is a proposed settlement by the Commission with Raul Sosa. Mr. Attorney.
Alejandro Vilarello (City Attorney): Commissioner, this is a case that we tried back in the beginning of
January or February of last year. There is a judgment that has been entered against us. This matter is
before you, based on an entitlement, based on that judgment of attorney's fees by the plaintiff. They have
expended and would be reasonably entitled to significantly more than eighty thousand dollars ($80,000) in
attorney's fees. We've negotiated with them, and they have agreed to accept eighty thousand dollars
($80,000) as the attorney's fees, as a result of that judgment.
Vice Chairman Gort: I'll tell you, before he left, Commissioner Regalado asked me to -- that he would
like to be present. And I'm not sure if it's item 20 or 20-A, so I'd like to leave these two for this
afternoon, until he comes back.
Commissioner Sanchez: Motion to defer to this afternoon item 20.
Vice Chairman Gort: 20 and 21 -- I mean 20 and 20-A. Item 20 and item 20-A.
Commissioner Sanchez: OK.
Note for the Record: At this point, agenda items 20 and 20-A were tabled.
102 1/11/01
Vice Chairman Gort: We have board appointments. Item 21 is Health Facilities. Commissioner Winton.
Commissioner Winton: No, I don't have an appointment. In fact --
(INAUDIBLE COMMENT)
Commissioner Winton: Oh, you do? OK, great. I was just going to say --
(INAUDIBLE COMMENT)
Commissioner Winton: You going to do it now? You got it now? What?
Vice Chairman Gort: Rafael Mas.
Commissioner Winton: I will appoint Dr. Rafael Mas.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Accepting the nomination made by Commissioner Winton. All in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 01- 29
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES
AUTHORITY FOR A TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
103 1/11/01
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Latin Quarter Review Board. Commissioner Teele has two appointments.
Commissioner Teele: Temporarily pass.
104 1/11/01
Vice Chairman Gort: Parks Advisory Board. Commissioner Teele has one appointment. Mayor Carollo
has one appointment to be made.
Commissioner Teele: Mr. Sonny Armbrister.
Vice Chairman Gort: Miami Sports and Exhibition Authority.
Walter Foeman (City Clerk): Excuse me. Can we take a motion -- a roll call on that one, please?
Vice Chairman Gort: I'm sorry. You made a motion?
Commissioner Teele: Mr. Armbrister, Sonny Armbrister.
Vice Chairman Gort: Okie-doke. It's been moved, and is there a second? Do I have a second accepting
this --
Commissioner Winton: Second. Sorry.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-30
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE PARKS ADVISORY
BOARD FOR A TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
105 1/11/01
Vice Chairman Gort: Sports Authority.
Commissioner Sanchez: I would go ahead and reappoint my two appointees.
Commissioner Teele: Read them into the record.
Commissioner Sanchez: Orlando Garcia and Diego Garcia.
Vice Chairman Gort: Commissioner Winton.
Commissioner Sanchez: No relationship, whatsoever.
Commissioner Winton: Well, I only get on appointment. That's Sam Gentry. So I'm reappointing him.
And I guess I can't -- I didn't appoint myself to begin with. So.
Walter Foeman (City Clerk): I know. I guess --
Commissioner Sanchez: We did.
Vice Chairman Gort: We did it. Don't worry.
Commissioner Winton: Yeah. You all drafted me into all of these things.
Commissioner Teele: Listen. On the MSEA (Miami Sports and Exhibition Authority) Board, could we
do that after lunch?
Vice Chairman Gort: OK. We'll bring it back after lunch. No problem.
Note for the Record: At this point, agenda item 24 was tabled.
106 1/11/01
Vice Chairman Gort: 25, Waterfront Board. Commissioner Teele, you have one nomination.
Commissioner Teele: Who is my appointee now?
Walter Foeman (City Clerk): James Wellington.
Commissioner Teele: I'll reappoint Mr. Wellington.
Commissioner Winton: Second.
Vice Chairman Gort: It's 12:06. We can come back later. Come back at 3 o'clock.
Commissioner Sanchez: Before we break --
Mr. Foeman: Can we take a motion?
Commissioner Winton: Did you move for Mr. Wellington?
Mr. Foeman: Can we do a roll call on Commissioner Teele's appointment, please? It was moved by
Commissioner Teele, seconded by Commissioner Winton.
Commissioner Winton: Second.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
107 1/11/01
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-31
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A REGULAR MEMBER OF THE
WATERFRONT ADVISORY BOARD FOR A TERM AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
108 1/11/01
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: Mr. Vice Chairman, I will ask the City Manager to schedule a special CDBG
(Community Development Block Grant) meeting, scheduled for the end of February, reference the
reallocation of the carryover funds. You know, that's going to be coming up, and I think that we all need
to get ready for that. And I'm sure that everyone has shown an interest in it. So if we can go ahead and
schedule a meeting for the end of February, I know that we could discuss --
Vice Chairman Gort: You mean a special meeting just for --
Commissioner Sanchez: Yeah, special meeting.
Vice Chairman Gort: OK.
Commissioner Sanchez: Just for the CDBG carryover funds.
Vice Chairman Gort: How about the morning of the 15th? Can we be ready?
Gwendolyn Warren (Director, Community Development): Sorry?
Vice Chairman Gort: The morning of the 15th
Ms. Warren: We were looking forward to the week of the 22"d, if that was possible.
Vice Chairman Gort: The 22nd. Well, they don't want to make it with the regular Commission meeting, is
my understanding. They want just a special meeting for this.
Commissioner Teele: Well, why don't we just preempt everything on the 22nd for that morning?
Ms. Warren: We could do two meetings.
Commissioner Sanchez: For that morning?
Commissioner Teele: And do that and then have a --
Ms. Warren: We have about five items that will take some time.
Commissioner Sanchez: OK.
Vice Chairman Gort: OK.
109 1/11/01
Commissioner Sanchez: So for the 22'd . And Ms. Warren, I'd like to talk to you about some things
pertaining to that.
Vice Chairman Gort: OK. So it's already set for the 22°d. OK. There's no motion.
Ms. Warren: OK. But it'll be a special Community Development meeting plus a Commission meeting?
Commissioner Sanchez: Yes.
Carlos Gimenez (City Manager): It's going to be a long meeting. It's a P&Z (Planning and Zoning)
meeting.
Commissioner Sanchez: Well, then, forget the 22"a. It's going to be --
Commissioner Teele: Why don't we do it on March 8"', the morning of March 8th?
Ms. Warren: I'm sorry?
Commissioner Teele: Why not the morning of March 8th?
Vice Chairman Gort: Commissioner Teele, there's agencies out there that are waiting for funding to
continue.
Ms. Warren: This is the reallocation of carryover dollars, and we are also anticipating needing to do it
before the close of February.
Vice Chairman Gort: Right.
Commissioner Sanchez: I'm available any time on --
Vice Chairman Gort: Could you do it on the 15th9
Ms. Warren: Yes, we could.
Vice Chairman Gort: Is that all right with everyone, the 15th? That's a Thursday.
Commissioner Teele: The morning of the 15th9
Commissioner Sanchez: 15th
Vice Chairman Gort: The morning of the Thursday.
Ms. Warren: I wish the 27th, but I know it was up to them. All the time we can have is important to us but
110 1/11/01
Commissioner Teele: Mr. Chairman, I move that a special CDBG community meeting be held for 9:30 on
the morning of Thursday, February the 15th
Vice Chairman Gort: Right after Valentine's. Everybody should be very happy. Is there a second?
Commissioner Sanchez: Second.
Commissioner Winton: Second.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 01-32
A MOTION TO SCHEDULE A SPECIAL COMMISSION MEETING
ON FEBRUARY 15, 2001 AT 9:30 A.M. TO CONSIDER
REALLOCATION OF FUNDS FROM PRIOR YEAR CLOSED OUT
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROJECTS.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
111 1/11/01
Commissioner Teele: Mr. Chairman, could I handle this one GSA (General Services Administration)
matter for the management?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: This is a pocket item regarding approving -- A resolution of the City accepting the
bids of Leasing Associates and Abraham Chevrolet -Miami, doing business as Maroone Chevrolet of
Miami for the lease of vehicles for the Department of General Services, to be utilized by City officials on
an as -needed contract basis for a period of 24 months, with the option to renew the lease for an additional
12 months in the annual amount not to exceed a hundred and twenty-six thousand, eight hundred and
twenty-four thousand dollars (sic), allocating funds thereof from the budget of various user departments,
subject to budgetary approval. So move.
Vice Chairman Gort: It's been moved. Is there a second? Motion is --
Commissioner Winton: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
112 1/11/01
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-33
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BIDS OF LEASING ASSOCIATES AND ABRAHAM
CHEVROLET -MIAMI, INC. (D/B/A MAROONE CHEVROLET OF
MIAMI), FOR THE LEASE OF VEHICLES FOR THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION, TO BE UTILIZED BY
VIP/CITY OFFICIALS, ON AN AS -NEEDED CONTRACT BASIS FOR
A PERIOD OF TWENTY-FOUR (24) MONTHS, WITH THE OPTION
TO RENEW THE LEASE FOR AN ADDITIONAL TWELVE (12)
MONTHS, IN AN ANNUAL AMOUNT NOT TO EXCEED
$156,824.40; ALLOCATING FUNDS THEREFOR FROM THE
BUDGETS OF THE VARIOUS USER DEPARTMENTS, SUBJECT TO
BUDGETARY APPROVAL.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Thank you. See you all back at 3.
Commissioner Teele: Hey, Gwen. Gwen Warren.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:10 P.M. AND
RECONVENED AT 3:14 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPTING
VICE CHAIRMAN GORT, FOUND TO BE PRESENT.
113 1/11/01
Commissioner Teele: It was held for Commissioner Regalado. All right.
(INAUDIBLE COMMENT)
Commissioner Teele: Yeah. 20-A and 20-B were held.
Commissioner Winton: Oh. OK.
Commissioner Teele: Commissioner Gort didn't have a problem with it. Commissioner Regalado just --
(INAUDIBLE COMMENT)
Commissioner Teele: It was -- we held 20 -- Mr. Clerk, didn't we hold 20?
Walter Foeman (City Clerk): Yes. We held 20 and 20-A.
Commissioner Teele: And 20-A. Which one did you have a problem with, Tomas? Because
Commissioner Gort -- Chairman Gort was not certain.
Commissioner Regalado: 20.
Commissioner Sanchez: 20?
Commissioner Regalado: Did we do -- you guys did up to 20? Or --
Commissioner Winton: No, we didn't do 20 or 20-A.
Commissioner Regalado: Oh.
Commissioner Teele: Yes, we did up to 20, yes.
Commissioner Regalado: Oh, OK then.
(INAUDIBLE COMMENT)
Commissioner Winton: Because 20-A may have a long --
Commissioner Teele: All right. 20-A relates to Wynwood Tower Apartments. All right. Mr. Hepburn.
114 1/11/01
Jeff Hepburn (Assistant Director, Community Development): Jeff Hepburn, Assistant Direcotr,
Community Development. Item 20 is basically a resolution.
Commissioner Teele: 20-A.
Mr. Hepburn: 20-A is a resolution that authorizes the Manager to sign a memorandum of agreement with
the developer, the State of Florida, Miami -Dade County and the City, basically to be able to move this
project forward.
Commissioner Winton: Move it.
Commissioner Teele: It's been moved by Commissioner. Is there a second?
Commissioner Sanchez: Second.
Commissioner Teele: Is there discussion? Commissioner Regalado. 20-A.
Commissioner Regalado: No. I don't have any. I'm fine with that.
Commissioner Teele: Does the Manager recommend it?
Carlos Gimenez (City Manager): Yes, we do.
Commissioner Teele: Is there further discussion? Is there further objection? All those in favor of item
20-A, say "aye."
The Commission (Collectively): Aye.
Commissioner Teele: Those opposed have the same right.
115 1/11/01
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 01-34
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO
EXECUTE A MEMORANDUM OF AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY
OF MIAMI, WYNWOOD TOWER APARTMENTS, LTD., THE STATE
OF FLORIDA DIVISION OF HISTORIC RESOURCES (HISTORIC
PRESERVATION OFFICER), AND MIAMI-DADE COUNTY, TO
ALLOW FOR THE FINANCING AND CONSTRUCTION OF THE
PROPOSED WYNWOOD TOWER APARTMENTS PROJECT IN THE
EDGEWATER NEIGHBORHOOD, IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 106 OF THE 1966 NATIONAL HISTORIC
PRESERVATION ACT, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
116 1/11/01
Note for the Record: Vice Chairman Gort entered the Commission chamber at 3:17 p.m.
Commissioner Teele: All right. And what other item did we hold?
Commissioner Sanchez: 20.
Commissioner Teele: 20, 2-0? And why did we hold that? He wasn't certain which one?
Commissioner Sanchez: Commissioner Regalado --
Commissioner Teele: OK. That was on a settlement item.
Vice Chairman Gort: Yeah.
Commissioner Regalado: Because I had some questions, and I told the Chairman that I would like to ask
some questions about it.
Commissioner Teele: One moment. Chief Cheatham, would you see Mr. Sterling out there? Because he
just gave me some information that's inconsistent with everything else. The Chairman is back. And the
only item that we did, Commissioner Gort, is we did Item 20-A at Commissioner Winton's request. And
we're at 20, 20, that you had held for Commissioner Regalado. And I think there's two presentations.
One by Solid Waste and one other. And we've done nothing. Yield back.
Vice Chairman Gort: Thank you, sir. And what are we on now?
Commissioner Sanchez: Let's go ahead and do 20.
Vice Chairman Gort: 20-B? 20-A?
Commissioner Sanchez: 20.
Commissioner Teele: I would move Item 20, 2-0, for purpose of discussion.
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Discussion.
Commissioner Sanchez: Discussion. The settlement is three hundred thousand dollars ($300,000) and
attorney's fee is eighty thousand dollars ($80,000). A point of clarification.
117 1/11/01
Alejandro Vilarello (City Attorney): Commissioner, in fact, the amount of three hundred thousand dollars
($300,000) is the amount of the judgment in this case, and the settlement is of eighty thousand dollars
($80,000) in attorney's fees.
Commissioner Sanchez: And it is your recommendation to settle this case?
Mr. Vilarello: For a total of three hundred and eighty thousand dollars ($380,000). And, yes, it is my
recommendation.
Commissioner Sanchez: What is the Police Department doing to assure training that it doesn't happen
again?
Mr. Vilarello: Commissioner, with regard to this case, the case was tried last year. The police officers
involved in the case, two of the police officers involved in the case were absolved of any responsibility,
and there was a judgment entered against two others. However, we believe that in this case, we simply
received a bad result from a jury. We have limited issues with regard to appeals, and therefore, I am
recommending the settlement. But this is one of those cases when you try before a jury that we had a bad
result on.
Commissioner Sanchez: And it was based on a -- what? -- Bad search?
Mr. Vilarello: No, sir. Well, the claim was false arrest. And Section 1983 claims against the police
officers.
Commissioner Sanchez: And what -- Is there anybody from the Police Department here? I don't think
he's going to be able to answer the question I'm going to throw at him.
Commissioner Teele: Would somebody go out there and get Deputy Chief Cheatham, that I --
Mr. Vilarello: Commissioner Sanchez, I did review this with Chief Martinez, and after a review of the
case, we determined that in this particular case, there was no need for additional training with regard to the
Police Department. We did speak with regard to the prior case that there were specific instances where
additional training was necessary. But that did not relate to this case.
Commissioner Sanchez: Mr. City Attorney, that's fine. But, you know, we continue to have cases come
here that cost us money. And some cases are in six figures, you know, as high as seven figures. And it's a
big concern. Three hundred thousand dollars ($300,000), another case, three hundred thousand dollars
($300,000). You know, it's just a drop in a bucket ever minute will fill the bucket sooner or later. So
those are the things -- if we could do everything we can to make sure that we don't end up paying for our
mistakes, we could even -- you know, the best money spent is money spent on training to assure that it
doesn't happen again. That's just my message to you and the City of Miami Police Department.
Mr. Vilarello: Yes, sir. And this Commission, this Commission has made that clear again and again.
And Chief Martinez and I have been working on those cases where we believe that there was a particular
problem or deficiency with regard to training. Unfortunately, those facts, in our collective opinion don't
exist in this case.
118 1/11/01
Vice Chairman Gort: No, we understand. But remember, at one time, we requested of you that whenever
there was a settlement that would come in front of us -- not only the police, but any department where we
had to go to a settlement -- that you were to sit down with that department and the administration and
come up with ideas of what needed to be done so that type of thing will not happen again. In other words,
we're going to have to learn from our mistakes.
Mr. Vilarello: Yes, sir. And for the last two and a half years, we, in fact have done that, not only with the
Police Department, but with each and every department.
Vice Chairman Gort: Thank you.
Commissioner Regalado: Question.
Vice Chairman Gort: Yes, question.
Commissioner Regalado: If we have a bad jury situation, why don't we appeal?
Mr. Vilarello: You can't -- this was -- when I indicated to you that I think we had a bad result, we address
and pursue all of those issues that we believe that there is error. In fact, if you notice in this case, the
judge reduced the verdict significantly because of our post -trial motions. However, at the same time that
she reduced those issues, she also cured many of the appellate issues that we had in the case. So therefore,
I'm recommending that we proceed with the judgment, because of our -- the judge has corrected most of
the issue on appeal.
Commissioner Regalado: Why do you think that it's so much money involved? I mean, was the --
Mr. Vilarello: Commissioner, Commissioner, this office -- and I've been trying cases for many years.
And sometimes, you get before a jury, and you get a result that we believe is unjust. However, if there's
no issues on appeal, ultimately, the conclusions of the court and the judgment of the court is final.
Commissioner Regalado: Go ahead.
Commissioner Teele: Commissioner, I mean, Mr. Attorney, let me see if I have this right. Is this a 1984
case? Is this --
Mr. Vilarello: A section 1983 case, yes.
Commissioner Teele: 1983. OK. Under 1983, the attorney is entitled or may make a claim for attorney's
fees?
Mr. Vilarello: Yes, sir. Even if the size of the judgment is nominal.
Commissioner Teele: One dollar ($1).
Mr. Vilarello: Correct.
119 1/11/01
Commissioner Teele: So the underlying case, which is the three hundred thousand dollars ($300,000), is
not really before us for our discretion. It's for us for our acknowledgement that the judge has issued an
order saying that we have to pay three hundred thousand dollars ($300,000). Is that a fair --
Mr. Vilarello: Correct. And in the context of full disclosure to you, of course, I bring that to your
attention.
Commissioner Teele: Say again?
Mr. Vilarello: In the context of full disclosure to you, I didn't want to bring forward just the settlement of
an attorney's fees issue without giving you the rest of the story.
Commissioner Teele: OK. So the issue before us right now is the legal fees of the other party.
Mr. Vilarello: Yes, sir.
Commissioner Teele: But in doing so, you have put before us both the judgment and the legal fees.
Mr. Vilarello: Yes, sir.
Commissioner Teele: What was the amount of the award by the jury?
Mr. Vilarello: Just under eight hundred thousand dollars ($800,000).
Vice Chairman Gort: Seven -seventy-five.
Commissioner Teele: OK. So everybody needs to understand that the award by the jury was eight
hundred thousand dollars ($800,000). The trial court judge in his or her discretion has reduced that
amount from eight hundred thousand --
Mr. Vilarello: To three hundred thousand dollars ($300,000).
Commissioner Teele: Now, who's going to approve -- Welcome back, Mike. Who's going to approve
the attorney's fees if it goes before the attorney? The judge?
Mr. Vilarello: Before the court? The judge will consider a motion, the appropriate motions from
plaintiff's counsel.
Commissioner Teele: And the only point that I'm trying to get everybody to see is, look, we've gotten a
nice, healthy reduction from eight hundred thousand to three hundred thousand. There's no need to take
this matter before a judge again, because we could all be embarrassed. And that's the only point. I fully
agree with what Commissioner Sanchez has just raised about training. And I don't think we can raise that
point too much. In fact, part of my real resentment sometimes from the Chief -- not this Chief to date --
and the Manager is this cavalier attitude sometimes. Well, it happened, and I can't assure you it's not
going to happen again. I mean, of course you can't. But the prudent thing is what Commissioner Sanchez
120 1/I1/01
is saying. We need to review each one of these cases, both the lawyers and the management, and we need
to try to put in steps to ensure that it doesn't happen again. And I think that's really the thing that's
getting me a little bit annoyed, is that they're really -- Whether it was a bad result or not from our legal
point of view, we need to, as a matter of training, insist, as Commissioners that there is a training module
put in. And whatever lessons have been learned, we ought to make sure that we don't repeat this, because
this isn't our money. This is taxpayer money.
Vice Chairman Gort: OK. Any further discussion?
Commissioner Sanchez: Call the question.
Commissioner Regalado: Wait, wait.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Do we have a way to explain to the taxpayers of the City of Miami what
happened in this case?
Mr. Vilarello: Commissioner, other than to provide the documents that I've provided, which are an
attempt to do that. Any citizen who has a concern, I always return citizen calls.
Commissioner Regalado: Because, you know, we are discussing here one case that no one watching, not
even the people in the audience, they don't know what this is about. For all they know, maybe the police
killed somebody in that family. And seems to me that this is a case of perception. That's what --
according to your explanation.
Mr. Vilarello: Commissioner, clearly, this is a case that if it came before me today, prior to having gone
to a jury, as I mentioned to you in our private conversation, I would not recommend a settlement of this
case. I felt that the facts and circumstances surrounding this case required us to proceed to trial.
However, a jury of six, over a week long trial reached a different conclusion. And unfortunately, our
issues with regard to an appeal have been resolved -- Well, actually, I can't say "unfortunately," because
the judge did, in fact, resolve those issues and significantly reduced the verdict. But at this point, there is -
- we have limited issues on appeal.
Vice Chairman Gort: Further discussion. Being none, all in favor, state it by saying "aye."
Commissioner Teele: Aye.
Commissioner Sanchez: Aye.
Commissioner Winton: Aye.
Vice Chairman Gort: Aye.
Commissioner Regatado: No.
121 1/11/01
Vice Chairman Gort: Thank you. One "no."
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-35
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY RAUL
SOSA AND MAURA SOSA, WITHOUT ADMISSION OF LIABILITY,
THE SUM OF $380,000, IN FULL AND COMPLETE SETTLEMENT
OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY
OF MIAMI, FOR THE CASE RAUL SOSA AND MAURA SOSA, HIS
WIFE VS. CITY OF MIAMI, ET AL., IN THE FEDERAL COURT,
CASE NO. 97-3097-CIV-NESBITT, UPON THE EXECUTION OF A
GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS
PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES
FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING
FUNDS THEREFOR FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: Commissioner Tomas Regalado
ABSENT: None
122 1/11/01
Vice Chairman Gort: Miami Sports and Exhibition. I'm going to reappoint -- Well, any appointment for
the Miami Sports and Exhibition?
Commissioner Sanchez: I would like to reappoint my two appointments, Orlando Garcia and Diego
Garcia.
Commissioner Teele: Second the motion.
Commissioner Regalado: Second.
Commissioner Sanchez: So move.
Commissioner Teele: Did you get them all?
Commissioner Sanchez: Johnny?
Commissioner Regalado: I --
Vice Chairman Gort:
It's been moved and seconded. Who else?
Commissioner Winton: I'd like to reappoint Sam Gentry.
Vice Chairman Gort:
OK. Commissioner Teele?
Commissioner Teele:
I'd like to reappoint Dr. Larry Pierre.
Vice Chairman Gort:
Commissioner Regalado.
Commissioner Regalado: Carlos Martell, Marianne Salazar.
Vice Chairman Gort:
At this time, I'd like to reappoint Eli Feinberg. I'll hold my other reappointment for
next meeting.
Commissioner Teele: Commissioner Winton, would you like to go back on the board?
Commissioner Winton: Yeah. We have a new Executive Director who's really working hard and --
Commissioner Teele: I move the reappointment of Commissioner Johnny Winton as the Vice Chairman
of the board.
Commissioner Sanchez: Second.
123 1/11/01
Vice Chairman Gort: Well, I don't know about that. Let me see. Wait.
Commissioner Winton: Hey, if you want to take it away from me, that's OK. I'll have one less job to do.
Vice Chairman Gort: OK. Do we have to take it a different time?
Commissioner Sanchez: Do we have to vote independently on each, or can you combine them all
together?
Vice Chairman Gort: Can we vote on this thing, on the re -appointment of Johnny and the re -appointment
of the board members?
Walter Foeman (City Clerk): We can do it all together.
Commissioner Teele: All together? OK.
Mr. Foeman: Yeah.
Vice Chairman Gort: Do I have a motion to accept all the nominations and the appointment of --
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved. Is there a second? Is there a second?
Commissioner Teele: Second.
Commissioner Regalado: Second.
Commissioner Teele: How many -- did I -- I appointed my two people, didn't I?
Mr. Foeman: You appointed one. Dr. Pierre.
Commissioner Winton: No, you only appointed one.
Commissioner Teele: Well, the other one was Al Huston.
Mr. Foeman: Al Huston.
Commissioner Winton: Right.
Commissioner Teele: I'm sorry.
Commissioner Sanchez: Need to reappoint him. He's always been there.
Commissioner Teele: I got confused. I apologize. Thank you. I got confused.
124 1/11/01
Vice Chairman Gort: OK. You staying with the one appointment?
Commissioner Teele: No. Both.
Vice Chairman Gort: Both. You're reappointing both people.
Commissioner Teele: Al Huston and --
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 01-36
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS
AND EXHIBITION AUTHORITY ("MSEA" FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
125 1/11/01
39.. DEFiR AfINZ'1T't.Tw
Vice Chairman Gort: Waterfront Advisory Board. Commissioner Teele, you have an appointment.
Commissioner Teele: Temporarily pass. Somebody was trying to make some input on that.
Walter Foeman (City Clerk): You had previously appointed James Wellington, and right before the end of
the break, I believe you voted on that. James Wellington was the incumbent.
Commissioner Teele: Right. But didn't we do that before the break?
Mr. Foeman: We voted on that before the break.
Vice Chairman Gort: Yeah. OK. We have the Charter Review and Reform Committee. Commission at
Large has one appointment, a citizen of the City of Miami, who has knowledge on the City Charter, Codes
and government procedures. And Commissioner Teele nominates one technical advisor.
Mr. Foeman: It's Charter Review.
Commissioner Teele: What number are we talking about?
Commissioner Winton: 26.
Vice Chairman Gort: 26.
Mr. Foeman: Number 26.
Commissioner Winton: Charter Review.
Commissioner Teele: Temporarily pass on a technical advisor.
Vice Chairman Gort: Mr. Clerk, on my appointment, he lives here in Coconut Grove. You have his
business address here, so I want to make sure you have the -- he is a Miami resident.
Mr. Foeman: Yes.
Vice Chairman Gort: How about citizen at large? We'll pass that? 27.
126 1/11/01
Jack King: Mr. Chairman, before you go any further with this, all the appointments, just a request and a
recommendation. My name is Jack King, 4031 El Prado Boulevard in Coconut Grove. I've spoken to
Commissioner Regalado about the appointments, and that maybe they should run concurrently with the
terms of the Commissioners appointing them so we don't have to go through this on an annualized basis.
Vice Chairman Gort: Thank you, sir. We appreciate it. After a long time of that, this Commission
decided we should do it this way.
Mr. King: OK.
Vice Chairman Gort: Thank you.
Mr. King: Mm-hmm.
127 1/11/01
41 APPG DAVE ERL AS METER F FII A GE C�1 Il�f EE,
Vice Chairman Gort: OK, 27.
Commissioner Winton: I don't have anybody.
Vice Chairman Gort: 29. Mayor Carollo has one. I have one. I pass. Finance Committee.
Commissioner Winton has one. Mayor Carollo has one.
Commissioner Winton: Yeah. For mine, I'm going to appoint David Berley.
Vice Chairman Gort: OK. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 01-37
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE
FOR A TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
128 1/11/01
42: APPOINT G A R � f 00
? 9 ATO' Ss,
Vice Chairman Gort: Item 30, Property and Asset Review Committee. Commissioner Regalado has one.
Commissioner Sanchez has one.
Commissioner Regalado: I have to defer that.
Commissioner Sanchez: I would like to appoint Gema Ruiz. That's G -E -M -A Ruiz as my appointment to
Property and Asset Review Committee. She is a City resident.
Vice Chairman Gort: Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion. Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 01-38
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE PROPERTY AND ASSET
REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
129 1/11/01
. EWR APPOMMENT lot)$ A O TNA"ONOMTEE-
Vice Chairman Gort: 31. Little Havana Festival Committee. Commissioner Winton.
Commissioner Winton: Is this -- Commissioner Sanchez, is this your district or Commissioner Regalado?
Both?
Commissioner Sanchez: I guess it's everybody's district.
Commissioner Winton: Well, Commissioner Regalado or Commissioner Sanchez, I think you guys focus
on this more so. If you all have somebody that's good that you would like me to appoint to this committee
that would help whoever is working on it --
Commissioner Sanchez: I'll have somebody contact you.
Commissioner Winton: I'd be glad. Bring me the name, and I'd be glad to put them on. I don't know
anybody that has an interest here. So if you all know someone that you think would really be interested in
serving, I would be glad to appoint them.
Commissioner Sanchez: So you're deferring on that item?
Commissioner Winton: Yes, I am.
Vice Chairman Gort: OK.
Commissioner Regalado: We'll give you a list, and then you pick up from there.
130 1/11/01
Vice Chairman Gort: Item 32 is the Planning Advisory Board.
Commissioner Sanchez: 32, I will --
Vice Chairman Gort: I'll have to pass on that and it'd have to be re -advertised. Now, my question to you
is --
Commissioner Teele: Why does it have to be re -advertised?
Commissioner Sanchez: They already advertised.
Walter Foeman (City Clerk): This is an application board and I don't -- none of the incumbents applied.
Vice Chairman Gort: Well, you know, one of the reasons --
(INAUDIBLE COMMENT)
Mr. Foeman: Yeah. I mean, these are the people who applied. All of these people applied, and we made
a table to really identify who applied and who didn't within the deadline. But separate and apart from
that, the incumbents, none of the incumbents applied. And I had requests from the Commission --
Vice Chairman Gort: My understanding, Commissioner Teele, the incumbents somehow were not
notified that they had to fill out the application and apply. I hope the administration can take care of that
and make sure you inform the board members that would like to continue to serve within those boards the
procedure they have to go through. OK?
Commissioner Winton: Well, whose job is that? Is that the Clerk?
Mr. Foeman: Well, we notified in the Miami Herald. I don't know
Commissioner Winton: No. They're not going to be reading the Miami Herald.
Mr. Foeman: Well, I guess the liaison to the board has the responsibility to inform them.
Commissioner Winton: So does that mean all of the people -- do the existing appointments --
Vice Chairman Gort: They have to reapply.
Commissioner Winton: -- have to reapply?
Mr. Foeman: They don't have to reapply, but as a courtesy, I think some of the Commissioners have
expressed interest in wanting to see if the people they appointed --
131 1/11/01
Vice Chairman Gort: OK. Well, wait a minute, wait a minute.
Commissioner Teele: They have to reapply if they're going to be appointed though.
Mr. Foeman: Yeah. It's an appointed board, so they have to apply.
Commissioner Teele: Well, that's what he asked. He said --
Mr. Foeman: I'm sorry. I thought he was asking whether or not they had notice.
Commissioner Teele: They don't have to reapply, but they have to reapply if we want to reappoint them.
You know we have to ask the question.
Commissioner Winton: I got it.
Commissioner Sanchez: Mr. City Clerk --
Vice Chairman Gort: My understanding is, my understanding is -- and correct me if I'm wrong -- my
understanding is even if they're incumbents, if they would like to stay on the board, they would have to go
through the procedure just like anybody else.
Mr. Foeman: Absolutely.
Vice Chairman Gort: They have to fill out the applications and they have to put it in.
Mr. Foeman: That's right.
Vice Chairman Gort: And somehow, you have to make the people aware that that's the procedure they
have to do.
Teresita Fernandez (Chief Officer, Hearing Boards): Mr. Chairman, I notified them myself in person
twice in the last two meetings. Before, we didn't have a quorum, the two previous ones.
Commissioner Sanchez: OK.
Vice Chairman Gort: You're talking about the Planning.
Ms. Fernandez: Planning Advisory Board.
Vice Chairman Gort: I'm talking of both Planning and Zoning, also.
Ms. Fernandez: Planning Advisory Board and Zoning. Yes.
Vice Chairman Gort: OK.
Commissioner Winton: And we've not had a quorum for two meetings in a row?
132 1/11/01
Ms. Fernandez: Yes.
Commissioner Winton: So does that mean that anybody that has an issue that goes before those two
boards, it gets deferred?
Vice Chairman Gort: Right.
Ms. Fernandez: Yes.
Commissioner Winton: Well, that's baloney. I mean, we --
Vice Chairman Gort: And we had two issues in there.
Commissioner Winton: That is a serious problem for us.
Ms. Fernandez: However -- excuse me. Any member that is there can serve without being reappointed.
So they know.
Commissioner Sanchez: Yeah. As long as you don't reappoint, they'll continue to serve.
Commissioner Teele: Wait, wait, wait. That's not what he said.
Ms. Fernandez: Yes.
Commissioner Teele: You just said something totally different.
Commissioner Winton: That's exactly right.
Commissioner Regalado: No. She's right and he's right. They're both right. They can serve until
reappointed. They can keep serving.
Mr. Foeman: Right. There's an expiration period, but if no one reappoints them, they continue to serve.
Vice Chairman Gort: Right.
Commissioner Teele: Well, why don't we do this, Mr. Chairman. I realize that the gentleman came down
and made a recommendation, which I don't agree with. But I really do think what the Attorney should be
instructed to do, I really think what the Attorney should be instructed to do is to bring back a Code change
for these boards that says that any incumbent who was appointed by a Commissioner shall be eligible for
reappointment. And don't -- I mean, why do we have to have the paperwork? I mean, why do we have to
have the paperwork? Why don't we just make any incumbent who was appointed by a Commissioner --
Vice Chairman Gort: And wants to be reappointed.
Commissioner Teele: -- eligible for re -appointment?
133 1/11/01
Commissioner Teele: I mean, you know.
Commissioner Winton: Right.
Commissioner Teele: And so the process, the underlying process is it'll be advertised and you apply.
However, any eligible -- any incumbent that is serving will be eligible for appointment, with or without
applying.
Vice Chairman Gort: Can we do that? Can we do that?
Maria Chiaro (Assistant City Attorney): Yes. That's a --
Vice Chairman Gort: OK. That's the best way to do it.
Ms. Chiaro: Amendment to the Code.
Dena Bianchino (Assistant City Manager): Commissioner Gort.
Vice Chairman Gort: Yes.
Ms. Bianchino: There are people who have applied, new people. And because we haven't had a quorum,
is there any way we can get some appointments today from this list? Because --
Vice Chairman Gort: First of all, I'd like to know if any of my appointments to the Planning Board did
not make any of those two meetings, because if they're absentees, I'd like to know, because then I would
reappoint someone else.
Ms. Bianchino: OK. We'll give everybody a --
Vice Chairman Gort: But I'd like to get that information.
Ms. Bianchino: We'll give you a full report for everyone.
Vice Chairman Gort: All right.
Commissioner Regalado: Wait, wait, wait. On my two appointments, they want to continue. And they do
attend regularly, because Doris and Mr. McElroy are here always. So you still -- they can still serve until
the process.
Vice Chairman Gort: Sure, right.
Commissioner Regalado: So, you know, they can -- you can go ahead and call them. But they have to
reapply on this board.
134 1/11/01
Commissioner Teele: But I think she's making a very good point. And the point is, how many people on
this board now -- we're talking about Zoning or Planning? Which one?
Vice Chairman Gort: Planning.
Mr. Foeman: Planning.
Commissioner Teele: How many people on the Planning Board right now have been booted from the
board because of vacancies?
Ms. Fernandez: Nobody.
Commissioner Regalado: They can't.
Commissioner Teele: You can't boot them for vacancies?
Vice Chairman Gort: Yes. Three absences, they can.
Ms. Fernandez: Yes, we can. But --
Commissioner Teele: So nobody has three absences?
Ms. Fernandez: I believe Mr. --
Commissioner Sanchez: And they can't get a quorum.
Ms. Fernandez: -- Mr. Revuelta.
Commissioner Teele: Mr. who?
Ms. Fernandez: Luis Revuelta.
Commissioner Winton: Oh, that's my appointment. That's even worse.
Ms. Fernandez: Yes.
Commissioner Teele: That's the only person? Had that person been --
Ms. Fernandez: He has been absent more than three times.
Commissioner Teele: Then why don't you appoint somebody right now, Commissioner Winton, of this
list of names.
Commissioner Winton: Yeah. I'm going to appoint Michael Spetko.
Commissioner Sanchez: That's who I was going to -- OK. I'll second it.
135 1/11/01
Vice Chairman Gort: OK. There's a motion.
Commissioner Winton: He's the only one I know on there.
Vice Chairman Gort: Anyone else? Anyone else would like to make a nomination?
Commissioner Teele: Now, are you appointing him permanently, or are you appointing him to -- you're
appointing him to replace that person?
Ms. Fernandez: Michael Spetko, he's the one -- I think that you just appointed him to the Zoning Board.
I have to check my records.
Commissioner Winton: No, I didn't appoint him to the Zoning Board.
Ms. Fernandez: No, no, no. It was Ganguzza, the other one. Ganguzza.
Commissioner Sanchez: I have a question on one of my appointments. Dana Manner, is he coming to the
meetings?
Ms. Fernandez: Oh, he always comes.
Commissioner Sanchez: Well, I'd like to move him from an alternate to permanent, because he was my
alternate. So I make that motion.
Commissioner Teele: Second.
Commissioner Sanchez: To move him from the alternate to permanent. Steve Poliakoff, he doesn't
attend?
Ms. Fernandez: He resigned.
Commissioner Sanchez: He resigned. So I have one opening, which I will defer at this time.
Commissioner Teele: On the Planning Board?
Commissioner Sanchez: Yeah.
Vice Chairman Gort: All right, there's two --
Commissioner Teele: She said there was only one vacancy.
Commissioner Sanchez: Apparently there's two.
Vice Chairman Gort: There's two appointments. There's two nominations to the Planning Board. Do I
have a second?
136 1/11/01
Commissioner Teele: Second.
Commissioner Sanchez: Second.
Vice Chairman Gort: Seconded. Any further discussion? Being none, all in favor, state it by saying
aye.59
The Commission (Collectively): Aye.
The following resolution and motion were introduced by Commissioner Winton, who moved for their
adoption:
RESOLUTION NO. 01-39
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A REGULAR MEMBER OF THE PLANNING
ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
MOTION NO. 01-39.1
A MOTION APPOINTING DANA MANNER AS A REGULAR
MEMBER OF THE PLANNING ADVISORY BOARD.
Upon being seconded by Commissioner Teele, the resolution and motion were passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
137 1/11/01
Vice Chairman Gort: Zoning Board.
Commissioner Regalado: It's the same case.
Vice Chairman Gort: It's the same thing.
Commissioner Regalado: He has to re -advertise.
Commissioner Teele: Are there any vacancies on the Zoning Board now?
Vice Chairman Gort: No.
Teresita Fernandez (Chief Officer, Hearing Board): No, sir. All the Zoning Board, the Zoning Board
members are all appointed. However, all of them will have to be reappointed.
Commissioner Teele: My question is, are there any persons serving on the Zoning Board now that their
appointments have expired for not coming to meetings?
Ms. Fernandez: No, sir. In fact, the two appointments that Mr. Winton made last time, he has to remake.
Walter Foeman (City Clerk): Those two individuals have applied, also.
(INAUDIBLE COMMENT)
Mr. Foeman: They have submitted applications for this particular item.
Vice Chairman Gort: OK. Is there anyone who would like to make any nominations to the Zoning Board
at this time?
Commissioner Winton: Do I have to reappoint my two?
Mr. Foeman: Yes.
Commissioner Winton: Then I want to --
Mr. Foeman: And they have submitted applications.
Vice Chairman Gort: But if they didn't reapply, they can't do it.
Mr. Foeman: They both have submitted applications. We --
Commissioner Winton: Yeah, they both. I just appointed them like a week ago, so.
138 1/11/01
Mr. Foeman: We've had three incumbents to submit applications. Two of them were yours.
Commissioner Winton: OK. And so the names are Joe Ganguzza and Allan Shulman.
Vice Chairman Gort: OK. There's a motion for nomination.
Commissioner Teele: Second.
Vice Chairman Gort: Second.
Mr. Foeman: And Commissioner Teele, your appointment, your incumbent also submitted an application,
Charles Flowers.
Commissioner Teele: It says here "no."
Vice Chairman Gort: He did.
Mr. Foeman: He submitted it after deadline. But in the past, we've accepted applications after --
Commissioner Teele: Well, I will appoint Charles Flowers.
Vice Chairman Gort: OK. Do I have a --
Commissioner Sanchez: Now, my two appointments have not turned in an application, correct?
Mr. Foeman: That is correct.
Commissioner Teele: On the three.
Vice Chairman Gort: Is there any further nomination on the Zoning Board? Any further discussion?
Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
139 1/11/01
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 01-40
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE
ZONING BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Commissioner Teele: Mr. Chairman, I would move that the Clerk be instructed to re -advertise
Planning/Zoning Board --
Commissioner Regalado: Second.
Commissioner Teele: -- and any other board that needs more time for applications.
Commissioner Sanchez: I don't know about guys, but this takes most of my time getting -- trying to keep
everybody on these boards. I mean, it's almost a nightmare for my staff and myself to try to keep people
on these boards, I mean.
Vice Chairman Gort: If you want to, we'll be more than glad to appoint them for you. No problem. You
let me know and I'll appoint them.
Commissioner Teele: I so move.
Vice Chairman Gort: Second. It's been moved and seconded. Any further discussion? Being none, all in
favor, state it by saying "aye."
The Commission (Collectively): Aye.
140 1/11/01
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 01-41
A MOTION DIRECTING THE CITY CLERK TO RE -ADVERTISE
FOR ADDITIONAL APPLICATIONS TO THE PLANNING
ADVISORY BOARD AND THE ZONING BOARD.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L.Winton
NAYS: None
ABSENT: None
Vice Chairman Gort: Mr. Manager, I would like for you to direct the secretary to make sure in writing
that she sends a memo to all the board members telling them that they have to reapply, and fill out the
application, and present it, and they have a deadline.
Carlos Gimenez (City Manager): Yes, sir.
Vice Chairman Gort: Thank you.
141 1/11/01
Vice Chairman Gort: Cultural and Fine Arts Board. Commissioner Teele, you have one nomination.
Commissioner Teele: I temporarily pass.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Pedro Pablo Pena.
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: I don't have anyone at this time.
Vice Chairman Gort: Yeah, you have Jessica Shapiro.
Commissioner Winton: I don't even know who that is.
Vice Chairman Gort: OK.
Commissioner Winton: Oh, I do. I'm sorry. Jessica Shapiro. Yeah. Sorry.
Vice Chairman Gort: OK, Jessica Shapiro. Commissioner Sanchez.
Commissioner Sanchez: I'd like to appoint Juan Carlos Espinosa.
Vice Chairman Gort: And I will appoint Tony Wagner. Do I have a motion to accept the nominations?
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: OK. Further discussion. Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
142 1/11/01
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 01-42
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE CULTURAL AND
FINE ARTS BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Vice Chairman Gort: International Trade Board. Teele, you have one.
Commissioner Teele: Temporarily pass.
Vice Chairman Gort: OK. There's a Zoning Board revised. That goes by. Departmental presentation,
we do that later.
143 1/11/01
Commissioner Sanchez: Mr. Vice Chairman, can we bring the people from the Jazz Festival up?
Vice Chairman Gort: We will. We only have about two more and we're finished.
Commissioner Teele: Two more boards?
Vice Chairman Gort: No, no. Status report. We'll do that later. OK. Jazz, you're on.
Commissioner Sanchez: What have you been able to work out, Mr. Johnson?
Commissioner Teele: Do we have anything in writing from the Mayor?
Commissioner Sanchez: Do we have anything in writing from the Mayor or his staff?
Al Johnson: Commissioners, I think the Mayor is looking at roughly twelve thousand dollars ($12,000).
Vice Chairman Gort: We have a presentation from the staff. Would you like to be on the record and
introduce yourself, please, sir?
Mr. Johnson: Al Johnson, Miami Jazz Festival
We're at 2699 South Bayshore Drive, Miami, Florida.
As I was stating, I believe the Mayor is talking about an amount not to
($12,000). And we would hope that you would support this resolution.
support us to whatever extent we deserve, please do, Commissioners.
exceed twelve thousand dollars
And if you deem it necessary to
Vice Chairman Gort: Thank you, Mr. Johnson. At this time -- If you all recall, my understanding, City
Manager, you had set aside -- I thought it was about three hundred thousand dollars ($300,000) for events
that would bring benefit to the City of Miami that this Commission would recommend and it would be
part of a budget. Now, so far, we have allocated, my understanding is, about a hundred and sixty-five, a
hundred and sixty, somewhere in that area.
Carlos Gimenez (City Manager): Yes, sir. There's plenty of money for twelve thousand.
Vice Chairman Gort: Like I stated this morning, I believe that this is one event; it's a great cultural event
that's being created in downtown Miami. And the good of it, the thing about this one event is that it will
attract many -- not only international people, but the diversity of the culture that we have within this City
will be coming together for this event. I believe this is one of the events that we, as the Commission
should sponsor at this time and look at the success of it, and make it one of the permanent events that
should be sponsored by the City of Miami. If somebody would make a motion. If not, I'll make the
motion myself.
Commissioner Teele: I so move.
144
1/11/01
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second for the purpose of discussion.
Vice Chairman Gort: Discussion.
Commissioner Sanchez: You will also be paying for all other necessary costs --
Mr. Johnson: I believe --
Commissioner Sanchez: -- of City services?
Mr. Johnson: Yes, yes, Commissioner.
Commissioner Sanchez: OK. And also, as a friendly amendment to this, that you will pay Bayfront Park
prior to gates opening, which you agreed in the contract. You have not paid Bayfront Park to date.
Mr. Johnson: Commissioner, if that's what the contract requires --
Commissioner Sanchez: Well, it doesn't require it. It's going to be a friendly amendment to this
resolution.
Mr. Johnson: So be it. So be it.
Commissioner Sanchez: Mr. Johnson, OK.
Commissioner Regalado: I have a question.
Vice Chairman Gort: Yes, sir. Go ahead.
Commissioner Regalado: I really think that you are doing a great thing for a City, doing this jazz festival.
And as a matter of fact, we are promoting that in several radio stations that I work.
Mr. Johnson: I appreciate that, Commissioner.
Commissioner Regalado: However, I don't understand how we function. We are proud of this, and yet,
we didn't reduce the fees for the Cystic Fibrosis Foundation for a boxing event that is going to be
televised nationally on the Telemundo Broadcasting. Is it that we like -- the Mayor likes jazz rather than
boxing? Or I mean, what is going on here? I don't understand. Can you, as a representative of the Mayor
explain? I mean, why is this -- why the administration recommends against reducing the fees -- not
waiving all the fees -- reducing the fees for a not-for-profit nationally televised event, and yet, favors this?
Jay Rhodes: I'm not sure that the Mayor was approached about sponsoring that event.
145 1/11/01
Commissioner Regalado: So the Mayor has to be approached for every event or party that we are going to
have in the City? Is that -- no?
Commissioner Winton: Only if he wants to help sponsor it.
Mr. Rhodes: I believe the Jazz Festival approached the Mayor about sponsoring this event. They came to
him, and it was something that he was more than happy to get involved with. I don't think that every time
that the Mayor necessarily requires someone to approach him, but this was something that was brought to
his attention.
Commissioner Regalado: So --
Vice Chairman Gort: Sir, would you identify yourself, please?
Mr. Rhodes: I'm sorry. Jay Rhodes, Director of Legislative Affairs, Mayor Carollo.
Commissioner Regalado: So we won't do the boxing event in the Coconut Grove Convention Center. We
can't do it.
Carlos Gimenez (City Manager): Are you asking the administration? That's a policy decision of the
Commission.
Commissioner Regalado: Right. No, I am asking the members of the Commission, because the
administration, I mean --
Vice Chairman Gort: No. My understanding --
Commissioner Regalado: -- wasn't in favor, or against. I mean, you --
Vice Chairman Gort: Commissioner Regalado, if you recall, one of the things that we discussed, if ever
one of -- any one of us at any time felt that any festival that produced publicity, will bring certain benefit
to the City of Miami could be part of the benefit accepted by all of us. You can bring that back, and that
could be one of the co-sponsors if we all vote on it. And I don't have any problem. And if you have --
Commissioner Teele: Commissioner.
Vice Chairman Gort: What we discussed is, let's look at all of them, bring them all together, analyze
which ones we believe will bring the most benefit to the City, and we'll vote on it. So it's the City
Commission that votes on these things.
Commissioner Regalado: I understand that.
Vice Chairman Gort: OK.
146 1/11/01
Commissioner Regalado: I understand that. But what I'm saying is, why the double standard here? Why
we support a national event like the Jazz Festival, and we don't support a national boxing event? That's
what I'm asking. I just want to know.
Commissioner Winton: Well, let me --
Commissioner Teele: One is violent.
Commissioner Regalado: One is violent. That could be -- that could be the --
Commissioner Winton: Let me give you my answer to that, Commissioner Regalado. I was struggling
with the same question as I've done at --
Commissioner Regalado: PG -13.
Commissioner Winton: -- every one of these.
Commissioner Teele: One's a "unifier". How does Bush say it? "Unifier"?
Vice Chairman Gort: That's right.
Commissioner Regalado: That's right. It's like the Three Kings Parade. It unifies.
Commissioner Teele: One's a divider.
Commissioner Winton: I've struggled with this issue on every one, as you all know. In fact, I voted
against almost everything that we -- because I don't -- the procedure is awful for us. And the Manager is
working on for this coming year, we'll have a new procedure, so this stuff will all be sorted through, and
we won't get this torture every time there's somebody here -- the torture of whether we do support or
don't support -- because we'll have a budget, and somebody is going to do the ranking, like we do for lots
of other things, and then we'll have a decision to make, based on some solid criteria, in terms of whether
or not it benefits the City or not. But this process is always awful, and I'm always opposed to it. And
there's one of the same questions I had here, the same question as you have is, how do you differentiate?
So you are asking me a specific question, and I'm saying I was struggling with the same issue. So --
Commissioner Regalado: Yeah, because, you know, Johnny, you and all the members of the Commission,
we told the people from the King Mango Parade to go and form a not-for-profit organization, so the City
will sponsor.
Commissioner Teele: King Mango Strut.
Commissioner Regalado: Yeah, the King Mango Strut.
Commissioner Winton: King Mango, right. And we wouldn't support them until they did that.
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Commissioner Teele: OK. But yet, we supported a radio station that sponsored the Three Kings Parade,
which is a -- not a not-for-profit. According --
Commissioner Winton: Three Kings Parade is a for-profit entity?
Commissioner Regalado: Yeah. This is the memo from the Manager.
Commissioner Winton: Oh, I had no idea. I always assumed that it was a for -- a not-for-profit entity. I
had no idea it was for profit.
Commissioner Regalado: So what do we do?
Commissioner Winton: And this is a for-profit entity, as well.
Commissioner Regalado: Yes. So what do we do? Do we tell them to go and make a not-for-profit
organization, or do we keep supporting one for profit and the other not-for-profit?
Commissioner Sanchez: Mr. Vice Chairman.
Vice Chairman Gort: You've got a point.
Commissioner Sanchez: He does. He has a valid point. Here's the problem. Sooner or later, you're
going to have to come up with a standardization that applies to everyone across the board. And right now,
we don't have that. Now, who should dispute that this jazz festival is not good for the economy. It is,
because if you look around, every major City in the United States has a jazz festival. It's known to attract
a lot of performers, and it's good for the community. So what is us to say which one is good for the
community, is it good or not good? So once the administration comes up with a standardization of what
we select, and who do we provide in-kind service, and who do we co-sponsor with, you know, then we
have a guideline to follow. But right now, we don't. This coming in front of us -- when it came before, it
was sent back to see if we could work out something where we -- it's acceptable to this Commission and
the administration. You know, Commissioner Regalado, you have a valid argument to make. How do we
defer from a non-profit organization to a profit organization, and how do we turn around and assist the
individuals to do what they want to do? Now I -- we need to come up with a standardization as quickly as
possible. We keep playing ping-pong with this. We send it back to the administration. The
administration says, well, we need to come up with five or six events that are coming up on line, and, you
know, we -- it's really -- and it isn't fair for us to turn it over to you with a time frame to create such a
guideline of what we, as a City, within a budget can support. Now, this comes in front of us, and I -- you
know, we could dispute whether it's a non-profit organization or not. But at the end of the day --
Commissioner Regalado: No, I'm not talking about them.
Commissioner Sanchez: I know. But at the end --
Commissioner Regalado: I'm talking about the parades, that one Commissioner each --
Commissioner Sanchez: Well that should be discussed at another time. But we need to discuss --
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Commissioner Regalado: No, no, no. But -- if you'd yield. What I'm saying is that -- and the bottom line
here is, you're right. We create a policy. We say, we're going to do this. But then somebody approached
the Mayor. And the Mayor has all the right in the world to come and ask for a fee waiver, which we only
can do. And we have situations like this. Who is to say that tomorrow, we have a summer jazz festival,
which will be bigger and better than this winter jazz festival? And we have to support it. What I'm
saying is that this Commission has to have a set standard, and parades and events are the same. We didn't
want the televised event in Coconut Grove. However, we want the jazz festival. We told the Mango Strut
Parade to go form a non-profit. However, because some power radio station sponsored this parade, we do
this for a for-profit organization. So that's what I'm saying.
Vice Chairman Gort: We understand, and you're right. But unfortunately -- and Al, please don't get any
idea about summer. We need to make a decision on this. And you're right, we have to come back with
the criteria and hopefully -- and we have to tell the Manager what are the parameters that we want to look
into, and I think there has to be quite a few parameters that need to be looked into in order for us to
sponsor any of these.
Commissioner Sanchez: Mr. Vice Chairman, I yield to Tomas.
Vice Chairman Gort: Yes.
Commissioner Sanchez: I'd like to just say something else. Let me tell you, Mr. Johnson, I support this.
And really, you came in front of our Trust, you know, with not enough sufficient time to our Trust for
assistance. And today, you show up here Thursday, where this event takes place this weekend. Once
again, I'm not sure if it's you, or the Mayor, which I'm not going to get into that. It's in front of us for
support to make it happen, and I strongly feel that it's in our best interest to make this event happen for
our community. But an advice to you next year. You know, don't put us in such a predicament that we
have to make a decision today for your jazz that starts --when? Does it start tomorrow or Saturday?
Mr. Johnson: It starts Saturday.
Commissioner Sanchez: It starts Saturday. So let's just -- you know, if there is no other further
discussion, call the question and --
Vice Chairman Gort: Further discussion. Being none, call the question.
Walter Foeman (City Clerk): I need a motion and a second.
Commissioner Sanchez: It was already -- there is.
Vice Chairman Gort: It was moved by Commissioner Sanchez.
Commissioner Sanchez: I didn't move it. Who moved it?
Vice Chairman Gort: Commissioner Teele.
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Commissioner Sanchez: Teele moved it.
Commissioner Teele: I'll move it.
Commissioner Sanchez: You moved it. And who made the second? I'll second it.
Unidentified Speaker: You did second it.
Commissioner Sanchez: Yeah, I did, for the purpose of discussion. You're right. OK. Call the question.
Vice Chairman Gort: All in favor state it by saying "aye."
Commissioner Regalado: Aye.
Commissioner Winton: No.
Commissioner Teele: Aye.
Vice Chairman Gort: Aye.
Commissioner Sanchez: Aye.
Vice Chairman Gort: One nay.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-043
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO
THE MIAMI JAZZ FESTIVAL, HOSTED BY MIAMI JAZZ
FESTIVAL, INC., TO BE HELD JANUARY 13-14, 2001 AT
BAYFRONT PARK, MIAMI, FLORIDA; AUTHORIZING THE CO-
SPONSORSHIP OF THE EVENT BY THE CITY OF MIAMI AND THE
WAIVER OF ALL FEES PERMISSIBLE BY THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, CONDITIONED UPON
THE ORGANIZERS: (1) PAYING FOR ALL OTHER NECESSARY
COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED
WITH SAID EVENT; (2) OBTAINING INSURANCE TO PROTECT
THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY
MANAGER OR DESIGNEE; AND (3) COMPLYING WITH ALL
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY
THE CITY MANAGER OR DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
150 1/11/01
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: Commissioner Johnny L. Winton
ABSENT: None
Vice Chairman Gort: IA. IA. Thank you, Mr. Johnson.
Mr. Johnson: Thank you, Commissioners.
Vice Chairman Gort: And hope you hear the advices we're putting up to you.
Mr. Johnson: Thank you.
Commissioner Sanchez: Have a good one -- and what we agreed on, before the gates open.
Mr. Johnson: We'll do our --
Commissioner Sanchez: I run a tight ship at Bayfront Park.
Mr. Johnson: Well, you know, Commissioner, we promise you a long-term commitment. We'll make it
the home of the Miami Jazz Festival. We can only do that if we can --
Commissioner Sanchez: We look forward to a friendly working relationship, Mr. Johnson.
Mr. Johnson: Oh, it's going to be friendly. Thank you.
Commissioner Sanchez: Thank you. God bless you.
Mr. Johnson: All right. Bye-bye.
151 1/11/01
Vice Chairman Gort: OK. A couple of items. We have PZ -1. My understanding is it was deferred for
the reasons -- and do we have to adjourn? We need to adjourn the regular meeting for a few minutes, and
then let's start the PZ (Planning and Zoning) meeting.
Note for the Record: At this point, the City Commission closed consideration of the regular portion
of the agenda to consider items from the Planning and Zoning portion of the agenda.
Vice Chairman Gort: PZ -1. My understanding -- and correct me if I'm wrong -- last time we were here,
we deferred this with the idea that the two parties would get together. And today, they were supposed to
come up with a plan that they both agree to. And if not, there were not any further presentations to be
made, since we have gone through all the other presentations, and we're to make a decision.
Alejandro Vilarello (City Attorney): Did we adjourn?
Commissioner Sanchez: You got to adjourn this meeting.
Vice Chairman Gort: I already did. We did. We adjourned the meeting, and then I called to order the
meeting of PZ -1.
(INAUDIBLE COMMENT)
Vice Chairman Gort: PZ -1. Was that the -- my understanding of the motion that was made,
Commissioner Teele, I think you were the maker of the motion at that time.
Joel Maxwell (Assistant City Attorney): No.
Vice Chairman Gort: Was that your motion, if you recall?
Commissioner Sanchez: Yeah. What exactly was that motion?
Commissioner Teele: Mr. Attorney?
Mr. Maxwell: Commissioner may I? Mr. Chairman, if 1 may? There is some question as to exactly what
the motion was, and the fact that you (inaudible), on your on, raised that question, simply underlines that
question as to exactly what occurred, whether or not you deferred the item, whether or not you continued
the item, whether or not you approved the item, subject to coming back. When you voted --
Vice Chairman Gort: We approved it, subject to coming back.
Mr. Maxwell: When you voted, there was discussions about continuance of the item. But then, the
appellant's attorney spoke as the question came up, and said on the record that you were approving the
item, and the Commission seemed to agree with that, that you were approving it, subject to. After the
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vote, four to one, there was further discussion. Commissioner Teele indicated that his motion was to
approve, subject to it coming back. Whether or not that was the total will of the Commission is
questionable. That can be resolved
Commissioner Sanchez: Wait, wait, wait. So we don't know whether we made a motion to continue or
approve with conditions.
Commissioner Teele: How dare you say --
Mr. Maxwell: If I may -- go ahead.
Commissioner Teele: How dare you say that I made a motion that had my intent, but my colleagues
didn't share my intent when they voted. How do you know?
Mr. Maxwell: Well that is the question, sir. That's the question.
Commissioner Regalado: Well, you know, the people, the people, the poll watchers figured out the intent
of the vote.
Commissioner Sanchez: I do recall the two issues. One was the wall, and the garage. That, I do recall.
Mr. Maxwell: Yes, sir.
Vice Chairman Gort: That's it.
Mr. Maxwell: That's what you wanted to hear more information on, the wall of the garage.
Commissioner Winton: And the pedestrian
Mr. Maxwell: That's correct.
Commissioner Teele: Have they worked out an agreement?
Commissioner Sanchez: Yeah, have they worked out an agreement?
Mr. Maxwell: What you can do at this point, what you do at this point, hear presentations by both parties.
Vice Chairman Gort: The full presentations, we heard for three hours now.
Mr. Maxwell: No, not full presentations. You have -- what you have before you now, the questions of the
wall --
Commissioner Sanchez: And the garage.
Mr. Maxwell: -- and the garage.
153 1/11/01
Vice Chairman Gort: That's it.
Mr. Maxwell: One could argue, one could argue that the resolution in the Clerk's Office which says that
you approved --
Vice Chairman Gort: Right.
Mr. Maxwell: -- is correct. One could just as vigorously argue that that was a misinterpretation of the
record. However, that is what is in the City Clerk's Office.
Vice Chairman Gort: OK.
Mr. Maxwell: And that is what the record shows occurred. I would recommend to you at this point that
you hear both presentations, and at that point, I could make a final recommendation to you, based on what
occurs then. I would recommend that, sir.
Vice Chairman Gort: You recommend after what kind of presentation?
Mr. Maxwell: After their presentations and your discussion.
Vice Chairman Gort: OK.
Mr. Maxwell: OK?
Vice Chairman Gort: Yes, ma'am.
Lucia Dougherty: Good afternoon, Mr. Vice Chairman, members of the board. Lucia Dougherty, with
offices at 1221 Brickell Avenue. I'm here today with my partner, Adrienne Pardo. We're representing
both the owner of the property, as well as the applicant, related companies. Jorge Perez is with us this
evening, as well as Tony Albanese, who is the project manager. At your last meeting, you approved the
major use special permit with a bunch of conditions. Typically, your conditions say things like: Subject
to a landscape plan that has to be coming back to the staff for recommendation of approval. But in this
case, you wanted two things to come back to you. You wanted to see us revise the plans to reduce the
height of the wall, and you wanted to see how we would reduce the height of the garage. Those were the
two issues that you wanted to come back and see reviewed. The purpose of these meetings -- Since that
time, let me just say this to you. That evening --
Vice Chairman Gort: There is a third recollection, which was you at one time wanted to use their garage
and create a mixed project.
Ms. Dougherty: Yes.
Vice Chairman Gort: OK.
Ms. Dougherty: That's correct. And to their credit, that evening, right after the meeting, the
representatives from both the hotel as well as the office building came to us, and they said, we'd like to
154 1/11/01
explore this issue of going through our garage, but there are legal issues, and we can't resolve them really
quickly. So our client, Jorge Perez, said to us: I don't care what you do -- to Arquitectanica and Bernardo
Frebrescher (phonetic), who was here then -- you reduce that wall. You revise these plans. You reduce
that wall. You reduce that garage, and come back as soon as possible. That staff, Bernardo, as well as
Louis Sinclair and Jackie Gonzalez worked throughout the entire holidays to come and do that, and that's
what I'd like to present to you today.
Jeffrey Bass: Mr. Chair, just a few procedural issues before we get started. Jeffrey --
Vice Chairman Gort: Who are you?
Mr. Bass: Let me tell you. Jeffrey Bass, 46 Southwest 1" Street. I'm joined here together with my
partner, John Shubin. We're representing the very same people who we represented before. Very
quickly. I need to object to anything occurring today, other than answering the simple question, which
was: Did you reach an agreement in what was going on with the wall and what was going on with the
parking garage? Because that was the specific instruction.
Vice Chairman Gort: No problem. No problem. We'll oblige you. If that's what you want, we'll do that.
My understanding is that you reached an agreement.
Ms. Dougherty: The answer is "no."
Vice Chairman Gort: OK.
Ms. Dougherty: And the reason for that is --
Vice Chairman Gort: Now, my understanding was if you had not reached an agreement, there was a vote
that was taken about this -- and then you correct me --
Commissioner Teele: What did you say, Commissioner Gort? What?
Mr. Maxwell: Whether or not -- There was discussion about an agreement. They were asked to get
together. But they were also asked to come back, addressing the concerns that the Commission had about
the wall, the garage, et cetera. I would suggest to you that whether or not they reached an agreement is
really irrelevant. And that's not what you're going to base an opinion on -- a decision on. That's why the
presentation should be made. Counsel has made an objection and the record so notes it.
Mr. Bass: If I could just clarify the objection.
Mr. Maxwell: Certainly, yeah.
Mr. Bass: The objection was that as noticed, anything other than the items that we just discussed, this
would fall outside the scope of that notice. And I would respectfully and politely just object to all of this,
because we're not here prepared to put on a full presentation in response, because Commissioner Sanchez
and others said they didn't want to hear a full presentation from us. So we're here -- we can't really
meaningfully respond to this now. That objection preserved.
155 1/11/01
Vice Chairman Gort: OK. Thank you.
Commissioner Sanchez: Let's clarify that.
Vice Chairman Gort: Wait a minute.
Commissioner Sanchez: No, wait, let's clarify that. We saw a presentation last time that last almost two
hours. To go through it again, I think it's irrelevant. OK?
Vice Chairman Gort: OK. My understanding is, Mr. Attorney, Mr. Attorney.
Mr. Maxwell: Yes, sir.
Vice Chairman Gort: We're to listen to their presentation, whether there was an agreement or not, and we
can make a decision according to what we're agreeing here.
Mr. Maxwell: Oh, yes, sir.
Vice Chairman Gort: OK. Thank you.
Mr. Maxwell: You absolutely would need a presentation in order to make a decision.
Vice Chairman Gort: Go ahead.
Mr. Maxwell: What counsel, what the opponents are saying is that they have not been privy to this
information, and they are not in a position to make a knowing --
Vice Chairman Gort: OK.
Mr. Maxwell: -- take a knowing position, I believe.
Vice Chairman Gort: Thank you.
Mr. Bass: That's not entirely true. They have shared this information with us during the course of our
settlement negotiations, at the behest of this Commission, which everybody needs to be congratulated for
doing. But what I'm saying is the way we left it last time, we were not prepared to come in and put on
what Commissioner Sanchez has characterized to be a redundant attack either on the old plans or on the
new plans. We haven't had time to do that. So --
Commissioner Teele: May I inquire, Mr. Chairman, please? Because I think this is about to get messy.
Vice Chairman Gort: Yep.
Commissioner Teele: When did Commissioner Sanchez make that statement about not wanting --?
156 1/11/01
Mr. Maxwell: That, I couldn't comment on. That question is not to me, is it, Commissioner?
Commissioner Teele: No. No. Counsel continues to make reference to that. When are you saying that
Commissioner Sanchez said he didn't want to hear that?
Mr. Bass: What I'm saying was --
Commissioner Teele: The full presentation.
Mr. Bass: What I'm saying was during the close of the last hearing's deliberation, Commissioner Sanchez
said, in response to Commissioner Winton's motion: "But Johnny, we have to set the ground rules when
you come back. It's not to dispute whether the DR was amended or there was Charter language. We've
got to make progress, because in the long run, everything that's going to happen is every single document
that we have will have an exhibit number, and this will go up in court." And then there was jockeying
back and forth as to what arguments would be waived, or preserved and the like. But the only purpose is
we did not prepare to come here and put on another full-blown presentation, and that was the clear will as
expressed by this Commission at the hearing, and as expressed by this Commission in its resolution, and
as expressed by the notice. That's all.
Commissioner Teele: And what notice are you relying upon?
Mr. Bass: The public notice.
Commissioner Teele: And the public notice indicated that this would be a truncated or an abbreviated
hearing?
Mr. Bass: The Commission's resolution reads -- the resolution from the last hearing reads, the language --
I'm going to look for it -- for the limited purpose of The Commission's resolution reads: Come back for
the limited purpose of --
Commissioner Teele: Who made the motion?
Mr. Maxwell: Mr. Chairman, I think that I may be able to assist on this. Hearing Boards is here. They
can tell you what was noticed. Obviously, you can't go outside the parameters of the notice, whatever that
may be. I submit to you that it's unquestioned that regardless of what happened, whether it was at the last
meeting, it was clear that what the Commission -- well, I'll retract that statement. The resolution in the
packet talks about parking and other elements of a major use special permit -- I'm sorry -- which depicts
adjustments to the location and design of the parking garage and other elements of the major use special
permit. If the notice says that, too, I would suggest to you that you are now limited to discussions of the
garage, parking, I think the wall -- it talks about the wall -- and anything that may be reasonably related to
such an adjustment, certainly not the entire major use special permit. Now, the way to, as one
Commissioner just pointed out, to clear up the so-called messy nature of the whole thing would be to
reconsider this item and bring it back. If you hear, right now, if you hear a presentation that you think
addressed the concerns that you had about the garage, and the wall and so forth, then act on that.
Commissioner Sanchez: Is that your advice, Mr. Attorney?
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Mr. Maxwell: I suggest you should hear the presentation.
Commissioner Sanchez: Right.
Mr. Maxwell: If that presentation does not address your concerns --
Commissioner Sanchez: Correction.
Mr. Maxwell: -- reconsider this item. Bring the whole thing back.
Commissioner Sanchez: OK.
Commissioner Teele: I just want to understand --
Mr. Bass: If I just may respond to Commissioner Teele.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Excuse me. Wait a minute. Hold it, hold it, hold it. Yes, sir.
Commissioner Teele: I just want to understand what counsel just said. What counsel just said --and Joel,
please think about this -- you said you recommend we hear this entire matter.
Mr. Maxwell: No, sir. No, not -- no, no.
Commissioner Teele: What did you say we --
Mr. Maxwell: The only thing before you right now is the wall and the garage. That's the only thing
properly before you now.
Ms. Dougherty: And that's all we're going to address.
Commissioner Winton: I had one other point, though. The other point that I -- and I don't know who
didn't get it in the document. My other point was the -- the riverfront walkway where a point was made
by one of the opposition that I thought was a good point that said that this really isn't creating the kind of
pedestrian friendly environment that we're looking for on the river walk. And I said, you also need to go
back and look at that. Because we have -- we come off the river, and then we build that wall, and then we
go to the street. And I said that, also. So I don't know why that isn't in there. And that was clearly one of
the points that I talked about, the wall, the pool and pedestrian friendly environment. Those were my
three points.
Ms. Dougherty: Mr. Commissioner, we did address that, but that was one of the things that you had as a
condition to be fulfilled prior to building permit. But we did address that in this, if we could make our
presentation.
158 1/11/01
Vice Chairman Gort: OK.
Lourdes Slazyk (Assistant Director, Planning and Zoning): Yes that is on as a condition of the
development order. That wasn't one of the --
Vice Chairman Gort: So that's part of the development order.
Ms. Slazyk: Yeah. Yes. It did get in there, though.
Commissioner Winton: OK. Thank you.
Vice Chairman Gort: All right.
Ms. Dougherty: Again, in one week's time, they not only revised this plan entirely, reducing everything,
so it still comes within the scope of the original major use special permit, but they got approval from our
Planning staff, they got approval from the owner, and they presented it within one week's time to the
owners of both the Intercontinental Hotel, as well as the office building. That's in one week's time. In
three weeks' time, they did all of that, plus they had another meeting with the owners of the
Intercontinental Hotel, as well as the office building, and presented it to the Miami River Commission,
which again approved it and was delighted with the changes. And they also made another presentation to
the Planning staff, which again approved it, and finds these changes to be substantial and ones that
improve the project substantially. Just by looking at this profile of the presentation, if you can just look at
this profile, the red dotted lines here is where the hold building existed. Itis substantial. These are not
token changes. This is a hundred -- now it is 190 feet between the buildings, leaving a huge corridor now
that didn't exist before. This is where the old wall was. And remember, this is the wall that was 73 feet
high, that everybody was very concerned about from the Intercontinental Hotel pool deck. That has now
been reduced down to 18 feet. The wall is literally this area here now. We have a cross-section of that --
Jackie, if you could show it to me. Jackie, could you take this up to them? Because I don't know that
they can see it. You can see the cross-section with a tree at the lower level, and vines coming from the
top. You don't see a wall. It basically disappears at the pool deck level. Now, what that does -- How did
we accomplish that? We did that by lowering the height of the office by five floors, and taking 103,000
square feet out of the office building. We lowered the height of the residential eleven floors, and taking a
hundred and seven thousand dollars ($107,000) out of the residential --
Commissioner Winton: A hundred and seven thousand dollars ($107,000)?
Ms. Dougherty: Square -- excuse me -- 107,000 square feet out of the residential project.
Commissioner Winton: Repeat both of those. I didn't catch that.
Ms. Dougherty: The height of the office has been reduced by five floors, and 103,000 square feet. The
height of the residential has been reduced by eleven floors and 107,000 square feet. The height of the
residential garage has been reduced by six floors and 39 spaces. The height of the office garage has been
reduced by three floors and 260 spaces. So a total of almost 300 spaces has been reduced and taken out of
this project. Now, in plans -- where's the plan?
159 1/11/01
(INAUDIBLE COMMENT)
Ms. Dougherty: Mm-hmm. In plan view --and this is something that is significant to you, Commissioner
Winton. In plan view, what this does is take the building that used to be 26 feet here at the eastern edge
and moved it over to 48 feet. This now leaves this large urban plaza here that is accessible from the bay
walk, itself. And what used to be a 700 foot, 700 square foot restaurant is now a 6,000 square foot
restaurant, something a little less than 6,000 square feet. This is a significant improvement to the vitality
and the life of the bay walk, and also leaves a significant view corridor, as well as sun to the pool deck of
the Intercontinental. What also occurs here is we took the pool off of this area here. We used to have two
pools. We now have one pool. We used to have two tennis courts. We now have one tennis court.
Pushed the building back so this is very significant, plaza area here. We've increased the plaza area that is
accessible to the public by, I think, 43 percent? 43 percent more. So in terms of two of the issues that you
had, addressing the garage, addressing the wall, which we have reduced from 73 feet down to 18 feet,
there's other issues that we can do, if we could ever reach an agreement. And we commit to you -- I can't
tell you how fast this has been done. And this is not a token change that we have done in a -- remarkable -
- within three weeks. We will continue to work with these folks. They've now decided that they're going
to hire an architectural firm or an engineering firm to review our plans. And that's going to take them,
you know, ten days or whatever it is to do that. But the truth is they can't respond as well as -- as fast as
we need to have happen for our project to be successful. Our client is a very sophisticated builder. You
know his reputation all throughout the country. Time is the only enemy with respect to building and
development. Right now, the time is good. The time is great for the financial market. Six months from
now, it may not be. If you defer this item, if you reconsider it, put it on for next week, next month to be
reconsidered, the thing goes into effect 30 days thereafter. We don't know what's happening. All we're
suggesting to you is that this was an approval, a major use special permit approval with a condition. The
condition has been fulfilled. We ask that you approve the resolution that is before you that has fulfilled
this commitment or this condition. And if they appeal -- and we're going to continue to work with them.
I don't think that you can -- I think that you have to acknowledge with the amount of work that we've
done so far, to address not only your issues, but also the issues of our neighbors, we will continue to work
with them. We cannot afford to have the time that would occur because of an appeal. We can't afford
that. We will continue to work with them, and we will continue to solve the issues that they have. So
with that, we urge your approval of this resolution.
Vice Chairman Gort: Thank you. Yes, sir.
Mr. Bass: Once again, for the record, Jeffrey Bass. And I just want to again clarify the objection and
particularly the spirit of the objection. We are working as fast as we can. We have hired the Spillis
Candela firm. We've hired Mr. Spillis personally to review all of this. We know time is their enemy, but
making a quick decision with a gun to your head is our problem. So we're taking this with the degree of
seriousness that it requires. As it relates to being here and being able to respond in a meaningful way as
an attorney to these plans, I can't do it. I wasn't expecting to do that. I didn't think any of the
Commissioners really wanted to hear from me on that. So I can't come here and put up Jack Luft, or put
up another expert to walk you through how this plan affects us. We do think they're moving in the right
direction. But as we stand here today, we don't have an agreement. And I would just like to say -- and I
think Lucia would certainly agree with this -- a lot of -- even though the last hearing was pretty ugly, I
think you can see that not necessarily the worst came about because of it. So we are going in the right
direction. We're not there yet. As a matter of law, I think there are a couple of problems with approving
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these modified plans today, and I've articulated a couple of them. One that I just want to make very clear
is whether or not these modifications, these substantial modifications would require going back to the
Planning Advisory Board. These are not token modifications. And when a modification reaches a certain
threshold, under your ordinance, it's required to go back. And we would submit to you that you probably
can't or you certainly can't approve these today without following that process. And if you could give me
one second and just let me see if any of my clients have anything quickly to add, I'll be right back.
Vice Chairman Gort: Let me ask a question.
Commissioner Sanchez: Wait. Just pertaining to his question, can we get City to respond to that?
Juan Gonzalez (Chief Zoning Inspector): Yeah. Juan Gonzalez, Planning and Zoning. We haven't
reviewed the plans yet. However, a quick site data reviewed has been given to us. It looks like on one
portion of the northeast corner setback, movement of 17 feet would be considered a substantial change to
a MUSP (major use special permit), requiring it to go back to Planning Advisory Board and back to the
Commission.
Commissioner Sanchez: OK. All right.
Commissioner Winton: Say that again?
Mr. Gonzalez: Yes. In review the site data development program, which they have given us, there is one
portion on the northeast corner that has been moved 17 feet. The -- Section 2215.1 requires that any
substantial change to a MUSP that moves ten feet in any horizontal direction is considered a substantial
change. So that we would consider it substantial. They would have to go back to Planning Advisory
Board and then back to Commission.
Commissioner Winton: And when do they meet?
Mr. Gonzalez: Planning Advisory Board, the next meeting is February. But I think the deadline --
Ms. Slazyk: January 31St
Mr. Gonzalez: January 31St
Commissioner Winton: January 31St, what? Is the next meeting?
Mr. Gonzalez: Planning Advisory Board.
Commissioner Winton: And when is our next meeting?
Commissioner Sanchez: That would be February the --
Vice Chairman Gort: 25th
Commissioner Sanchez: No. The 8th
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Vice Chairman Gort: Ours is January 25`h, guys.
Commissioner Sanchez: Right. And they meet January the -- what? -- 31 "q
Commissioner Winton: So the Planning Advisory Board meets after -- I mean meets -- yeah, after we
meet.
Ms. Slazyk: February 8`h would be (inaudible).
Mr. Maxwell: Mr. Chairman.
Vice Chairman Gort: Mr. Attorney.
Ms. Dougherty: Mr. Gonzalez, I just want to make something clear. It's just the tower that moves. It's
not the podium.
Mr. Gonzalez: Well, I'm looking at what you submitted. We haven't reviewed the plans, but it does say
the northeast corner setback. It says plus 17 difference.
Ms. Dougherty: It's only the tower. It's not -- and we have -- you have made an opinion in the past that if
the podium does not change, in terms of the setback then --
Mr. Gonzalez: That is correct. If the podium is the same, and you only move the tower, it would not be.
However, I can only go by what this tells me, and there's a difference of 17 feet.
Ms. Dougherty: It's a clarification. The podium does not change. It is simply the tower that moves back.
Mr. Gonzalez: Once we review the plans that will be, obviously, looked at. But looking at the site plan, it
is the 17 feet.
Vice Chairman Gort: Well, I was under the impression you all read the -- you all looked at the plan and
you all recommended it.
Ms. Slazyk: The plan was only received by us several days ago, and it was a plan of the work in progress.
It was missing dimensions everywhere. There's no way to tell from the set of plans that were shown to us
just as a progress set, whether the change was substantial or non -substantial. We just got the site data
information right now that was handed out, and it appeared that at the northeast portion, there was as 17 -
foot reduction, which means it's actually further away from the water and closer in. But if there is a
footprint change of more than ten feet in any direction, even if it's making it smaller, that does constitute a
substantial modification.
Vice Chairman Gort: OK. Excuse me a minute. Before we continue -- excuse me.
Ms. Slazyk: The plans have not -- Just for clarification, the plans have not gone through review.
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Vice Chairman Gort: OK. So you have not reviewed them, so there's no way you can recommend.
Ms. Slazyk: No.
Vice Chairman Gort: OK. Before we continue, my understanding is that I've omitted to swear in
everyone, especially attorneys.
Walter Foeman (City Clerk): Yes. Would you raise your right hand, please?
Vice Chairman Gort: Anybody that's testifying or is willing to testify, please stand up and raise your right
hand to be sworn in.
Note for the Record: AT THIS POINT, THE CITY CLERK ADMINISTERED OATH, REQUIURED
UNDER CITY CODE SECTION 62-1, TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Vice Chairman Gort: Thank you. OK. My understanding is, from everything that I hear, we should take
the recommendation that the Attorney opined, and that's up to you all to come back on the 23rd. Maybe
by that time, Spillis Candela and yourself, you can -- and our Planning Department can come, and we can
go ahead and make more recommendations. That'll be in two weeks.
Commissioner Winton: It can't come before us then, because it's got to go to Planning Advisory Board
first.
Vice Chairman Gort: Not if the reduction is not -- they still --
Mr. Maxwell: No.
Commissioner Winton: Oh, I see. OK.
Mr. Maxwell: What you can do is -- I'm sorry. Go ahead, Commissioner. I didn't mean to be rude. If
you move to reconsider this item, it will come back to you, and it will come back in two weeks. Now, the
issue that just came up as to whether or not that was a substantial modification is one that still has to be
addressed.
Vice Chairman Gort: But my understanding, if they're coming back in two weeks, they can take care of
that with the Planning --
Mr. Maxwell: That's correct.
Vice Chairman Gort: -- and with the other individuals and so on.
Mr. Maxwell: Yes, sir.
Vice Chairman Gort: And we might not have to go through this whole process --
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Mr. Maxwell: That's correct.
Vice Chairman Gort: -- and go back six months.
Commissioner Winton: What if it's ultimately determined that it is a substantial change?
Mr. Maxwell: It would have to go back. It would go back through the process. If you -- it would go back
to the required review process.
Commissioner Winton: Which means that it would come back to us at the first meeting
in --
Commissioner Sanchez: February.
Commissioner Winton: -- February, right?
Vice Chairman Gort: My understanding is -- excuse me. My understanding is that if they can get the
plans together, they can get everyone together, they might not need, if there's not that major change, to go
to the Planning and they can come directly back to us in two weeks.
Mr. Maxwell: Yeah.
Vice Chairman Gort: And if not, they would have to go to the Planning.
Mr. Maxwell: I would suggest it come back in two weeks. If you move to reconsider, I would suggest it
come back to you in two weeks, and then you decide where it should go.
Vice Chairman Gort: Right. Move to reconsider. I need a motion to reconsider.
Commissioner Winton: Got it. OK. Move to reconsider.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and seconded. Any further discussion?
Commissioner Regalado: Just a question. Several minutes ago, we discussed the Planning Board
situation. You guys are aware that if we send it back to Planning or whatever, they may not have quorum.
Mr. Maxwell: Well, but it's not going back now.
Vice Chairman Gort: And it's not going back.
Commissioner Regalado: I know that, I know that. But we have to think. We have to include this
scenario in every decision that we make, because we cannot make quorum if we don't have it. So, you
know --
164 1/11/01
Vice Chairman Gort: I understand what you're saying, Commissioner Regalado. But my understanding --
and please, someone, correct me if I'm wrong. The only time that the Planning Board did not have a
quorum was one time -- two times during the month of December. Am I correct?
Ms. Slazyk: That's correct.
Vice Chairman Gort: In all the years they have been in existence.
Ms. Slazyk: No, not in all the years. Just in the last year.
Vice Chairman Gort: Well, let's say in the last year. One month, and that was the month that we had all
the problems, we had all the cold weather, and we had all the holidays taking place. Am I correct?
Ana Gelabert (Director, Planning): That's correct, sir.
Vice Chairman Gort: At the same time, we'll have an opportunity on the 23rd to appoint new board
members if our board members are not complying with it. All right?
Ms. Slazyk: The 25th
Vice Chairman Gort: We have a motion and a second. Any further discussion?
Mr. Maxwell: Mr. Chairman, can I give you the language here, just so if there's any question?
Vice Chairman Gort: Go right ahead, sir.
Mr. Maxwell: It would be a motion to consider Resolution Number 11300 -- reconsider the resolution
adopting this MUSP. I think these numbers are correct. 1137 -- I'm sorry, that's right -- 00-1137, adopted
December 14, 2000, of a major use special permit for this project, and bringing it back for hearing by the
Commission at the -- January 25th? -- January 25th. And just for the record, that's the motion. I will give
you more information after.
Vice Chairman Gort: It was the motion made by Commissioner Winton and seconded by Commissioner
Sanchez.
Commissioner Teele: Question.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Now, if you revoke this, as you're proposing to do in the resolution, in effect, you
have nothing before you, and we have to start out all over again.
Mr. Maxwell: What you're doing is repealing the approval of the last action. You're reconsidering it.
You come back, and you will take that item up as you did two weeks -- a month ago. The item is then
again before you. They have no approvals. There is nothing to appeal. The item is then again before you,
as it was on December the 141h
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Commissioner Teele: All right. May I inquire?
Mr. Maxwell: It almost nunc-pro-tunc, Commissioner.
Vice Chairman Gort: Go ahead, Commissioner Teele.
Commissioner Teele: Thank you. May I inquire, Mr. Chairman, of counsel? What is the effect, from
your point of view -- I'd just like to get on the record what the effect of this action would be if it were to
pass.
Ms. Dougherty: Well, as I told you the last time, we have commitments, contractual commitments. And
that's the reason we wanted it approved the last time. To do this sets us back light-years. I mean, that's
the reason we worked so hard to get this thing done and made all of these substantial changes, albeit, I
think, totally within the criteria of non -substantial changes, according to the City Code. But I can tell your
right now that this a problem, because we have not only this month, we come back n the 25th. It doesn't
come into effect for another 30 days after that. And we should have had an approval last hearing. Now,
we're taking a step backward, from our standpoint.
Commissioner Teele: And if the matter has to be referred, as a result of the meeting on the 25th to the
Planning Review, Advisory Review Committee, will we have enough time, if this were January 25th, to
send this to the 31 st meeting, Mr. Attorney?
Vice Chairman Gort: Yeah.
Mr. Maxwell: Well, I don't know what their time lines are, Commissioner.
Commissioner Teele: No, no, no. Please, just answer my question. If we were taking this action, if we
were acting right now, on January 25th, and we were to decide, well, this requires a Planning Advisory
review, hearing -- I'm trying to anticipate a problem, rather than get to January 25th, and I just want to
understand what the implications of all of this are. If, on January 25th we determine this must go before
the Planning Advisory Review Board, can we certify this matter to the Planning Advisory Review Board's
meeting of January 31" on January 25th
Mr. Maxwell: No. You have to meet notice requirements, and you wouldn't have the adequate notice.
You have to meet all notice requirements for that item.
Ms. Slazyk: But we would notice it beforehand.
Vice Chairman Gort: Let me ask you. My question is, there's an interpretation by our Planning
Department who has not seen, has not had an opportunity to review these plans, that there is a major
change. Now, if your attorney is making a presentation that the opinion in the past, according to her, if
they're correct -- and if they're correct, it shouldn't be a major change then.
Ms. Slazyk: It may not be. And if it is, we will determine that well before the 25th. And then we will
meet the notice provisions to keep them on the 31St, PAB (Planning Advisory Board).
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Vice Chairman Gort: Now, I was under the impression that what we we're doing today -- and do we have
enough time to do that, to find out if there is a major change or not?
Ms. Slazyk: We need the dimension drawings as soon as possible, and then we can make that
determination.
Commissioner Teele: Well, let me say this, let me say this. I think sometimes, haste makes waste. I'm
not sure what counsel is really trying to do. My sense is --
(INAUDIBLE COMMENT)
Commissioner Teele: My sense is, is that for some reason, you all want to delay this. I don't know why.
I mean, I'm listening. I'm reading back the arguments. We're not prepared to discuss this matter in full.
I mean, you know, I've known you for how long? Ever since you first started.
Mr. Bass: Since my very first Zoning hearing.
Commissioner Teele: That's right. And you've always --
Mr. Bass: Where staff was against me, both Planning and Zoning, where there were 100 neighbors in
there, where everybody looked at me as though I didn't speak the language, and where after everybody
decided that we were going to do this right, the vote went my way, You led the charge, and that vote was
affirmed up the appellate ladder.
Commissioner Teele: That's right. In many ways --
Mr. Bass: And what I'm trying to do here today is do it right.
Commissioner Teele: That's right.
(INAUDIBLE COMMENT)
Mr. Bass: That's all I'm trying to do.
Commissioner Teele: And I can remember the first day. You were just out of law school, I think. You
looked 30 years younger than you do now.
Commissioner Winton: He looks pretty young now. I don't know about that.
Commissioner Teele: But let me just say this, in all fairness. I mean, you all are obviously delaying this
thing. Now, look, look --
Mr. Bass: In all fairness, if I could respond.
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Commissioner Teele: Well, let me say that's my impression. But at the same time, I think we have an
obligation to get this right. Now, as ludicrous as it seems, the applicant is making a substantial change,
based upon the request of the public, you all's request, et cetera, and in bending over backwards and doing
all these great things, it sends them back even further in the queue. And that just may be the way it is in
City Hall, that's just the way it works. But I'll tell you where I'd like to come out on this, and this is not
going to please you all. I would very much rather let everybody do what they're going to do. Let's refer
this thing right now to the Planning Review Board -- Planning Advisory Board, because it's very clear that
that's going to be an issue, no matter what. Whether or not it is or it was, and whether or not the
determination that has previously been law, which is, if you don't move the pedestal, apparently, we'll
look at it a little bit differently. And let's just agree to have a special meeting a week from that on this one
issue. And let's do this thing right. But what I would really hate to do -- I'm going to tell you where I'd
hate to be -- is to come here on the 25th and meet, and then you all come in here -- and I know you, I know
you. You will argue like the devil for your client, if it's the position you all want to take, that this is a
substantial change, and it requires going back to the Planning Advisory Review Board, won't you, if you
determine that's what it is?
Mr. Bass: If that's what it is, and that's what your ordinance requires, that's what I'm going to argue.
Commissioner Teele: And so then we will have absolutely lost three weeks.
Mr. Bass: But if it's not, then I won't.
Commissioner Winton: Well I think it -- we don't know about that, because we know
that --
Commissioner Teele: I don't want to put a project this large to the flip of a coin that's --
Commissioner Winton: I don't, either.
Commissioner Teele: If it's that close, then I think, you know, Lucia, you all ought to think about this.
Vice Chairman Gort: Let me tell you, let me tell you, Commissioner Teele, the approach I have a lot of
times. You have your two property owners in there, and the question is always, "Do you want to do it, or
you don't want to do it?" Just a minute. If you want to do it, you find a thousand ways why it should be
done. If you don't want to do it, you will find another thousand why it should not be done. This is a great
project within that area. It's a shame we're getting all this opposition. I think the applicant has gone
through a lot to reduce quite a bit, not only the wall, but the size of the building. And if your client still
objects to that, then I don't think we'll ever build anything in there.
Ms. Dougherty: Mr. Chairman.
Vice Chairman Gort: Yes.
Ms. Dougherty: There is absolutely no reason that you cannot approve this project in final form today,
along with these changes. Now, all the time, we go back in and ask for substantial changes. The process
is the same regardless of whether or not you do it now or you do it after you approve the major use special
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permit. You file an application. You have the Zoning Director determine whether or not substantial, or
not substantial, it is substantial. We come back to the Planning Advisory Board. There is absolutely no
reason not to approve this today. And I certainly would object to motion for reconsideration, which no
one ever told us that this was a possibility until just now. This is really a hardship on us. And --
Commissioner Winton: So what you're saying -- Well, Mr. City Attorney, I thought that you said that we
really can't approve this, because there is -- Well, tell me that again. Can we approve this today? Period.
Lucia just said we could approve this.
Mr. Maxwell: Well, the items properly before you, assuming notice was correct on it, would be the
pedestal and the parking, those two items. What has been presented, according to staff, moves beyond
that. They said it's a substantial change. It moves beyond that. That's not something properly before
you.
Commissioner Winton: Only if it's a substantial change.
Ms. Dougherty: I did not hear staff say that.
Mr. Maxwell: Only if that change --
Vice Chairman Gort: Excuse me.
Mr. Maxwell: Only if that change can be reasonably related to the required parking changes and wall
changes. And that's a question of fact, not a question of law. Staff has said that there is a substantial
modification. With that opinion on the record, I would suggest to you that you shouldn't proceed on that.
They've said that this is a substantial modification, based on what they have, information that they have.
Commissioner Winton: And the risk that we create if we do move forward, given the staff's point there, is
what?
Mr. Maxwell: Well, it could be overturned on appeal, because we didn't follow --
Ms. Dougherty: Which is our risk.
Mr. Maxwell: Excuse me. Excuse me, Commissioner -- I'm sorry -- Ms. Dougherty. With all due
respect it --
Commissioner Winton: So that's their risk.
Vice Chairman Gort: That's their risk.
Commissioner Winton: That's their risk.
Mr. Maxwell: It's their risk. It's their risk. But, of course, our job is to advise you as you make your
decisions on the legal consequences of those decisions, and we're doing that. Secondly -- and it disturbs
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me somewhat that staff has indicated that they are not now in a position to make a recommendation to
you.
Vice Chairman Gort: Right.
Mr. Maxwell: So there goes part of your competent, substantial evidence right there.
Ms. Dougherty: I don't think that --
Commissioner Winton: Part of my what?
Ms. Dougherty: That is not what staff said. Excuse me.
Vice Chairman Gort: But my question -- excuse me, excuse me. Hold it. Somebody give her a glass of
water, please. My understanding is this is a risk that they're willing to take. They have the -- according to
my knowledge -- the best of architects, the best of engineers, and according to them, it's not a -- so this is
a -- Now, originally, when I talked about continuing this on the 25th, I was under the impression we were
continuing what we have today. And I was under the impression that I have a resolution that I wanted to
be -- and then if they're --
Mr. Maxwell: Well Commissioner --
Vice Chairman Gort: If they're in mistake, that's their risk and they take it. If they want to take that risk -
Mr. Maxwell: Those statements that you're making simply makes things more difficult, because then it
brings into question what happened before. And the way, as I indicated before, quite candidly, the way to
resolve this matter as to what happened before and what you're voting on now would be to move to
reconsider it, bring it back in two weeks. That would give them opportunity, as well, to address, with
proper notice and everything, to address the issue of whether or not there's a substantial modification.
Commissioner Sanchez: Point of clarification. And I've kept my mouth shut and opened my ears. OK?
Let's just say -- See, I have a problem. With the modifications, the City is telling me that it may require
Planning and Zoning. Now, I know that time is of an essence to them. But if we're able to, one, defer
this, and the City will determine whether it requires Planning and Zoning or not, bring it back on the 25th
From there, we should know whether these modifications by the Planning and Zoning require or does it
need to go to the Planning and Zoning, which is on the 31St, and then we could always have a special
meeting to discuss this item alone. I mean this item is going to take hours.
Mr. Maxwell: The problem is that you won't have time between the 25th and the 31St. You cannot get that
on the Planning Board agenda.
Commissioner Winton: That's not necessarily true. Staff? Staff, please.
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Ms. Gelabert: What we will do is if we could get the information as soon as possible, we could look at it
and see if it is, in fact, a substantial or a non -substantial. And at that point, they will know. They don't
have to wait until --
Commissioner Winton: And get it properly noticed.
Commissioner Sanchez: Well, Johnny, that process is going to happen from the 11th to the 25th. They
could come back and say, OIC, it doesn't need it. Then we could move forward. If it does need it, then on
the 31st --
Commissioner Winton: They'd be properly noticed.
Ms. Slazyk: It will already be noticed. The notice for the 31St --
Commissioner Winton: And it will already have been noticed, because they will have done that already.
Ms. Slazyk: Yes.
Commissioner Winton: And so --
Ms. Slazyk: The notice for the 31St hasn't gone out yet. So if we determine in the next two days whether
it is or not, and that's all Zoning would need, then we'll notice it, and it'll be on the agenda.
Commissioner Sanchez: And then on the 31" -- and then we, this Commission will have a special
meeting, just to hear this PZ item on --
Vice Chairman Gort: On the 8th. And it can come back on the 8th
Commissioner Teele: February 1St
Commissioner Sanchez: -- February Pt
Vice Chairman Gort: Fine. Is that the motion?
Commissioner Winton: No. There was some other --
Vice Chairman Gort: You want to read the motion again?
Mr. Maxwell: Commissioners, I vigorously recommend you not do that. You are bootstrapping. You
would be bootstrapping out of the 31St --
Vice Chairman Gort: Let me ask you a question.
Mr. Maxwell: Won't work.
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Vice Chairman Gort: We have a lot of good attorneys in here. What kind of resolution -- you understand
what we want to do. I think everybody understands what we want to do.
Mr. Maxwell: I know it. I hear that. But you need -- you need more --
Vice Chairman Gort: Can we get a resolution that can accomplish this?
Mr. Maxwell: Well, first of all, there's a motion and a second on the floor to reconsideration. That's the
one right there.
Vice Chairman Gort: Take the motion down, the maker of the motion.
Commissioner Winton: I'll withdraw the motion.
Vice Chairman Gort: Does the seconder of the motion withdraw his second?
Commissioner Sanchez: So there's --
Vice Chairman Gort: OK. What's the resolution?
Commissioner Regalado: Mr. Chairman, if I -- just make a comment.
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: First time it came here, I voted "no" on this project, because I thought that what
they were asking was unusual change of scenery. Of all the things that have been discussed here and I
have listened to, I think that the most important for me is what the City Attorney says. If we cannot prove
it, if they have a problem, they have to fight them in court. I don't, I don't want to be part of a City
Commission that derails one of the biggest projects that this City has seen in the last years or so. They
have made some changes. I think that everybody has to be treated equal in terms of the shoreline. But I
would just vote today, if you asked me, let them fight them in court. That will take away the
responsibility of this Commission of dragging its feet through so many months on all these issues, because
it keeps coming back. I don't mind to come for a special meeting. I don't mind to come twice for a
special meeting to do this. I live very close from here, so I don't have any problem. My problem is that if
they have a problem with the funding or the financing, and they decided to cancel the project. So, you
know, I don't know what you guys want to do. For me, it's the same to come back on the 1St of February,
or the 31St of January. As long as it's after 9 o'clock, it's fine by me. I finish work at 9.
Vice Chairman Gort: Why don't we defer this, give the attorneys a chance to get together, and maybe
they can come up with a resolution within the next 20 minutes, something like that. All right?
Mr. Maxwell: I think I heard the Chairman say he was tabling this item for about 20 minutes to let
counsel meet or something to that --
Commissioner Sanchez: OK.
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Vice Chairman Gort: And your --
Mr. Maxwell: Sir?
Vice Chairman Gort: And try to come up with the right resolution. OK?
Mr. Maxwell: Just if I may, Commissioner.
Vice Chairman Gort: Is that all right with the rest of the Commission?
Commissioner Sanchez: It's fine with me. My concern, and I want to put it on the record, is, you know --
and it's not dragging our feet. It's just, you know, there has to be a process. And if -- I'm concerned with
the statement made by the City that if it's got to go to Planning and Zoning and if we don't take it to
Planning and Zoning, then it's overturned in court, and then we start from ground zero again. That's a
concern that I have. So I'm OK. I'm OK with tabling and discussing it. But, you know, I know time is of
an essence, and we were bombarded with information and arguments based on both sides, and then we
have to make a decision.
Vice Chairman Gort: Commissioner Sanchez, Commissioner Sanchez --
Commissioner Sanchez: I just want to make the right, intelligent decision on this important project.
Vice Chairman Gort: Commissioner Sanchez, the only reason I'm asking for a table to give -- they've
heard from us. They heard what we like to see. We just want to have the right wording. We want them to
come back and by resolution, to accomplish what we're asking that we want to do here.
Mr. Maxwell: Yeah.
Vice Chairman Gort: That's why we're doing it. OK? We're coming right back. We're coming back in
20 minutes.
Mr. Maxwell: Hold it. But before you table, Commissioner, there were some comments that were made
that I think need to be addressed.
Vice Chairman Gort: Go ahead.
Mr. Maxwell: Commissioners, what we are advising -- our recommendations are based not -- they're
based on the experiences we've had, our best legal advice, based on court decisions, one as recently -- it's
less than six months to a year ago, a scenario almost identical to this one. Some of the things that the
court took exception to were comments like "let the courts decide," bouncing items immediately out of the
Planning Advisory Board. The scenario is identical. We got our heads handed to us. That's why we're
making --
Commissioner Winton: Well, I don't think we got our heads handed to us.
Mr. Maxwell: Well, when I say that --
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Commissioner Winton: The developers got their heads handed to them, not us.
Mr. Maxwell: They challenged -- we defend the City, and they challenged the City's resolution. They
challenged your decision, and we're defending your decision. The court reversed the City's resolution.
And the circumstances are so analogous to this one that we can see that problem coming up again. That's
why we're making these recommendations.
Commissioner Teele: Why don't you iron this thing out, like the Chairman said, and come back in 20 or
30 minutes.
Vice Chairman Gort: Table this for 20 minutes. And so I need to -- wait a minute. Don't go, don't go
away. We are going to continue. What do we need to do now? We need to recess.
Commissioner Sanchez: Let's take a five-minute recess.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 4:48 P.M. AND
RECONVENED AT 5:15 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
Vice Chairman Gort: -- Item 1 and go back to the regular agenda. So can we all get back to the regular
agenda now? And give them more time to work it out.
Note for the Record: AT THIS POINT, THE CITY COMMISSION CLOSED CONSIDERATION OF
THE PLANNING AND ZONING PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE
REGULAR PORTION OF THE AGENDA.
Vice Chairman Gort: Mr. Manager, Mr. Attorney, Finance Department.
Mr. Gimenez: Yes, sir.
Vice Chairman Gort: We're going on the regular agenda. My understanding is you asked the Sanitation
presentation to be postponed for the next meeting.
Mr. Gimenez: Yeah, we can defer that till next meeting.
Vice Chairman Gort: All right.
Note for the Record: At this point, agenda item 36 was deferred.
174 1/11/01
Vice Chairman Gort: All right, the next item of business.
Carlos Gimenez (City Manager): Mr. Chairman, we had told some other folks that we were going to do
the discussion on baseball around 4 o'clock.
Vice Chairman Gort: OK.
Mr. Gimenez: And so we have some people here that are interested in that.
Vice Chairman Gort: What's the wish of this board?
Commissioner Sanchez: Well, if they're still discussing the PZ (Planning and Zoning) item, I don't --
Vice Chairman Gort: Yes, they are. They'll take a little while.
Commissioner Sanchez: All right. I don't see why not. Let's just go on to it.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: On this Marlins baseball stadium issue, I certainly think that the management
should do all that they can to vet, and to understand, and to work through all of the issues. But at some
point, we either are going to have to say we're not going to take up baseball unless and until the County
Manager and the City Manager, or the County process and the City process work out some of these big
issues. Now, the last time we had an issue like this, I will remind this Commission was the Performing
Arts Center. And I said I would like to move the item forward, I'd like to clear it. But once again, we are
responding to issues that relate to what the County would like to see done. But we can't even get an
arbitration on our issues. We've got the parking surcharge, which the County is holding money for. We
voted three times not to take up any more issues from the County unless and until the County and the City
can sit down and work out some of these other issues. We have the payment in lieu of taxes, which is a
clear violation against the rule against perpetuity. It's a whole series of issues. They failed; the City and
the County have failed to meet on that, to determine that. We don't want to file a lawsuit against the
County. I certainly don't. But at some point -- You know, we keep getting manipulated into taking up
issues, and our issues never get on the table. Now, we all, as a body, voted that we would not take up any
more of these issues until the County takes up our issue. We sat up here this morning, talked about road,
and water and sewer and the way that is not working out. And so my question, I guess, to my colleagues
is, are we really prepared to take up the baseball stadium and these joint issues? Because ultimately, this
is an initiation of Mayor Carollo and Mayor Penelas, along with the Marlins. When the people from the
Marlins have called me on it, I've told them that I'm not going to get into any serious discussion on this
until the County and the City can work out some differences. We have probably close to six to seven
million dollars ($7,000,000) a year in reoccurring income that's on the table that we can't even get
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discussions on. And I'm talking about money that would save the taxpayers, moneys that are owed to the
City. Just on the fire fee alone, we estimated that -- the fire fee in the area of public housing, et cetera,
you all have the numbers. We're talking millions of dollars. And I, for one, am not prepared to have any
discussion on the Marlins baseball stadium until the manager and the attorney can come back to us and
say, we have a discussion going on, that we're making progress on these things. Before long, it's going to
be either a tax increment district on the water, or it's going to be -- I mean, everybody is making plans. I
mean, the plan, itself, assumes that the City is going to give up one point eight million dollars ($1.8
million) in parking revenues from the parking surcharge. Well, who's talked to any of you about it? I
mean, nobody's talked to me about it. So, I mean, I just think unless and until we can get the guts to say
we're not going to deal with these issues until the management, or the Mayors or someone in authority,
between the City and the County sit down and deal with these issues that have been going on for the last
three years that I've been here, and in many cases, have been going on before then. We're just going to
continue to get drug (sic) around, and dragged around and reacting to issues that are of the moment of the
day, and the issue of the day, as dictated by the County. I believe that at some point, we've got to draw a
line in the sand and say, the financial stability of this City, which is still under an Oversight Board, is our
number one priority. And 1, for one, don't want to make a motion unless -- I mean, I would like to make a
motion, but I don't want to make a motion if it's going to be offensive to the Commission. But I will tell
you that I believe that the best thing we can do is instruct the manager to keep talking, and to keep
working on whatever he wants to work on. Do whatever you want to do. You certainly should hire
whatever consultants that are necessary, so that we don't wind up getting to the point where we can't
make a decision. But we need to send a very clear signal. We are not going to take this issue up. There is
going to be no baseball stadium until we can get some resolution on some of the long-term financial
issues. I'm not talking about nit -picky issues, now. I'm talking about multi-million dollar issues of
reoccurring dollars that we have not been able to bring closure on. So that's -- at the appropriate time, Mr.
Chairman, unless it's going to offend one of my colleagues, I would be prepared to move that the item
relating to the Marlins baseball stadium be deferred until the Manager can give us a report that we're
making progress on the substantial issues between the City and the County, financial issues the relate to
these very important issues.
Note for the Record: Mayor Carollo entered the Commission chamber at
5:30 p.m.
Commissioner Winton: I don't know who put the agenda on the item (sic). I don't know who put the
item on the agenda. It wasn't me, either, so.
Carlos Gimenez (City Manager): Commissioner, I put the item on the agenda as a discussion item, for the
administration to give you a rundown on what the proposal is, some of the numbers. And then basically,
we're trying to get a sense from the Commission as to what you want the administration to do, and how
you want us to follow up, you know, on what's on the table.
Vice Chairman Gort: OK. So if you wanted a sense from us, I think the statement was made -- Yes,
Commissioner Regalado.
Commissioner Regalado: Well, you see, but Commissioner Teele is right. We have to see the big picture
and address this issue. But the problem is that as of today, this is the first information that we get -- I
mean officially -- from the City, which his the letter that the Mayor of the County signed with Mr. Henry
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and some -- the same points that the County discussed and approved with the Marlins. Now, the only
problem that I have, personally, is that the Mayor and the Manager were at this ceremony, and their
presence was seen as an endorsement of this letter of intention. Now, the Manager later was quoted --
Carlos, you were quoted as saying that you don't agree with giving away the land, or something like that.
Something I read on some --
Mr. Gimenez: That's correct. I do not agree with giving away the land.
Commissioner Regalado: Right.
Mr. Gimenez: And I was asked to be in a press conference, you know, the day before, and I attended the
press conference. It no way intended to mean that I somehow has signed off on this document.
Commissioner Regalado: Absolutely not. But, you see, when you have a ceremony to announce what -- it
was perceived as a deal -- and you have the Mayor of the County, and the Mayor of the City, and the
County Manager and the City Manager, it looks as an endorsement. And then what happens is that we
start talking about it in the media, criticizing some of these points in behalf of the City of Miami. As of
now, we are not able to tell the people of Miami what are we planning to do with the site, or the financing,
or the proposal. If we are asked by the media today or tomorrow, "Have you all rejected the proposal of
the County Mayor that was endorsed by the City Mayor?" we cannot say anything. We have to say, "No,
we haven't," because we haven't -- this is the first time that we meet as a Commission and have the
possibility of discussing this issue. So for us, it's a very difficult and awkward position, because we have
to criticize a plan, even if we want to build a stadium in the City of Miami. And it's unfair. It's unfair to
the Marlins, and it's unfair to the people of Miami. It's unfair to the members of the City Commission.
We don't have information. Bob gave me some over the phone the other day, because I had to do a radio
program. And I understand that the appraisal will be done by the 20th. That's what, more or less, what
you told me. So we don't know if the Mayor of the City of Miami agreed in giving away the land to the
County at the site of the Bicentennial. We don't know that, because either the press has not asked him, or
he has not even sent any document. We know that you don't agree. But then, we don't know where we're
going. So I, what I would -- you know, I would support Commissioner Teele's motion, but at the same
time, what this does to us is that it leaves us exposed for everyone involved -- the Marlins and the different
civic organizations to come and talk to us. The Miami River Commission or the Marlins, the -- a lot of
people that are here today are all trying to get that point across. So we are really exposed to this, and we
don't know what to say. So I would suggest to the members of the Commission to at least give the
administration some direction, whether we want some information, whether we need some figures of the
land. So that would be -- And I would really ask the Mayor to tell us if he agrees with the letter of intent.
I mean, not tell me. He doesn't speak to me. But, I mean, tell the people of Miami, or send a memo to the
Commission, because I -- we really need to know what is the feeling in the administration, which is a
follow-up to what the Mayor's position is. So I would ask the members of the Commission to at least give
him some direction of what we want to know.
Mr. Gimenez: Commissioner, if I may. The intent of this discussion was for us to give you a rundown of
the deal, the dollars, and also give you a rundown of the proposed sites, and give you as much information
as we have, and then that could lead to a discussion (inaudible).
Vice Chairman Gort: Go ahead, Commissioner Sanchez.
177 1/11/01
Commissioner Sanchez: Mr. Manager, there is no deal. See, that's the bottom line here. The letter of
intent that the County had with John Henry, which for the County, the deal isn't that bad, because the
money comes out of CDT money. However, I -- First of all, the letter of intent didn't have a site. It just
had boundaries of where the stadium was going to be. There's a lot of things that we need to clarify here.
I mean, we have to look at this. And one thing I want to state for the record is Commissioner Teele is
absolutely right. We need to, first of all, before we move forward with this -- And we will send you
directions and guidelines. But one thing is we got to use this -- we have to do this as a business. Mr. John
Henry is doing it as a business. His interest is to protect the Marlins. Our interest, including your interest,
is to protect the City of Miami and the taxpayers. See, that is the biggest responsibility that we have here,
that we are the true guardians of the assets of the City of Miami. I mean, we are here to protect the City in
its best interests. I, for one, think that baseball is good for Miami. But we have to see how we could do
this where everyone is a winner, where we all are a winner. There are ways that we could sit down, and
I'll make it very clear. And I think that the number one issue on everybody's mind is which site. My
preferred site is the Miami River. And I think that that is, from discussions that I've had, with my
understanding, you know, I think the ideal site would be the Miami River. But what is to say that we
study what the recommendations are. We have to ask you to go out and negotiate the best possible deal
for the City. Are there concerns? I have a lot of concerns pertaining to this deal. First of all, some of the
calculations concern me, where the money and the funds are going to come from. What is our
commitment? One is the parking surcharge that we are going to negotiate, that is in the best interest of the
City to negotiate, because if we're able to extend that for 20, 40 years, it's in the best interest of the City,
because it's a revenue of money that's going to be coming in the City for many, many years. However, as
the liaison between the City of Miami and Tallahassee, I know firsthand how we managed to get that
parking surcharge passed in Tallahassee. And we had to, under the compromise of that legislation, put a
sunset clause that expired in the year 2000. That was sold as a tax relief. Now, that money that could
come in, in the tentative deal that's set between the County and John Henry, two million -- totaling
twenty-six million for 20 years -- go into the stadium. Now, if you look at this -- And I took a lot of notes
pertaining to this. This is very important. There's a lot of things that we need to let you know that
concern me. Now, focusing on the site that 1, as a Commissioner, would support. It's the Miami River
site. Now, if there were to be another site, I'll tell you one of the concerns that I have. I think there was a
clear message to John Henry that this City would not turn over another inch of land to the County, not
another inch. Can you imagine this City today, having the Port of Miami, having the airport, WASA
(Water and Sewer Authority) and other entities? We would have been the richest City in the United
States. We would have never been under an Oversight Board. We would have never been in financial
crisis. So here we are today. The only thing that I could tell you is, if we're going to negotiate, is to
negotiate the best possible deal for the City. And how you're going to do that, well, you know, you're
going to come back and direct us of what you think is the best interest of the City. Now, here's another
thing that I have pertaining to the other side of Bicentennial. One of the biggest problems that people
need to understand -- and I'm sure the County is discussing it today, and they will -- is the impact that the
traffic is going to have to the Port of Miami, the second largest employer and the largest revenue -bringer
to the County, which generates almost eight billion dollars ($8,000,000,000) of revenue in the
international trade. It will have such an impact on traffic that you're going to have a lot of people that are
going to be upset at that. And I'm sure that you have been brought aware of the problems that exist now
with just the traffic when you have a Heat game, people trying to get in and out of the port. So those are
things that I'm sure you'll take into consideration before any movement is made. Is baseball good for the
City? Yes, I do (sic). There's a lot of things we need to take into consideration. There's a possibility of a
178 1/11/01
strike over the efforts to control the skyrocketing salaries that exist. I mean, we should just put together a
couple of ballplayers, and they should build a ballpark, because they're making that much money. But,
hey, listen, if you can make it, God bless you. You know, you did it, you go it. As long as you did it
legally, God bless you. But, you know, we need -- whatever we do here, we need not to rush. The time
frame that was put on it, we didn't, they did. You know, this puppy has to jump over a lot of hoops before
it crosses the finish line and gets a biscuit. You know, they got to come through us, then they go to
Tallahassee. Now, Tallahassee is going to be a different ballgame. So I think that we do need to send you
out, and do a study to make sure that we -- if we make the decision, we make the best decision that's
going to be in the best interest of the City of Miami and the taxpayers. So I will see what the other
Commissioners have to say, and then, you know, we would make a decision here.
Vice Chairman Gort: Thank you, Commissioner Sanchez. I have one question. My understanding is
when this was presented to us and to the press, the team of people that were going to sit down to negotiate
then, we had 60 days. Now, what I'd like to know from the City of Miami, who's sitting down doing this
negotiation on our behalf, besides the Mayor and --?
Mr. Gimenez: So far, I've only sat down with Merrett Stierheim to discuss the numbers. That's basically
the extent of -- (inaudible).
Vice Chairman Gort: The numbers of --
Mr. Gimenez: (Inaudible), that's about it.
Vice Chairman Gort: That's the only extent of negotiations that we've had?
Mr. Gimenez: That's the extent of any negotiations or any talks that we've had.
Vice Chairman Gort: Johnny.
Commissioner Winton: I think that the comments that Commissioner Teele made, in terms of process
here are the ones that I would like to focus on, because I think that's absolutely right. We -- we have a lot
of issues with the County. I'm a little nervous, though, about completely tying this issue into all of our
other issues with the County. But I'm not totally opposed to that. But what we do need to do -- and I
think he suggested that -- was that we also don't want to bury our heads in the sand. We need to start
developing our own plan, posthaste, for how we would like to have baseball work, both from a siting
standpoint and a financial standpoint in our City. The train is moving. It's moving quickly. There's a lot
of people on this train. So we want to make sure that we aren't just lying down, in front, on the tracks and
getting run over by the train. I think we have a significant stake and voice in how this all plays out. And
the way we come out of this and look good is by doing the appropriate and proper kind of planning. So
my view is we need to make sure that we do bring the appropriate consultants to the table as fast as we can
to begin working on our own plan, in terms of how we would like to see not only the stadium sited, but in
terms of how we would like to see the financial package work, so that it works for us, as well as the
County. And that's my view. And I don't think we need to have a big debate tonight about whether it's
here, or there, whether you have baseball or not baseball. You know, I think we've got a lot of work to do
before we get to that point.
179 1/11/01
Vice Chairman Gort: Mr. Mayor.
Mayor Carollo: Thank you, Commissioner Gort. Let me begin by wishing all of you a very happy New
Year. And this is our first meeting of the New Year, and I'm seeing that the right tone in many ways is
being set for the rest of the year. I'm very happy to see that. I'm pleased that, from what I'm hearing is
that there is a consensus here to keep the channels of communication open with the County, with the
Marlins. And that's a very positive sign to me, because that's what I think that this City needs to do at this
point in time. Briefly, let me go back and share with you what transpired a few weeks ago, beginning with
the day before the press conference, where the announcement was made. I received a phone call from
Mayor Penelas where he wanted me to meet with a group of individuals who are working in this. They
came to my home. I believe it was early afternoon. We met. Within the group, there was a representative
from the Marlins. There were others that were negotiating this. From there and the briefing that I
received, we went over to the Pro Ball Stadium, where the meeting was with the Marlins organization,
owner, the County Mayor, Manager and others. And I went prepared, even though the notice was short. I
had been waiting for this date for some time, so I had enough information to know what we at least needed
to throw on the table to begin the process of moving forward in negotiations. So in essence, I'm giving
you this insight so that you could understand and know that it wasn't that I was part of any negotiations
for weeks and weeks or months and months. I think that 1 did what any Mayor in this City should have
done, in a responsible way, to have met and worked with the County Mayor, with other elected officials
and the Marlins organization, because after all, the only way that this community is going to be moving
forward in the future is if we work together. And the maximum benefit that is going to be received by a
new Miami Marlins Stadium will be to the City of Miami, if it's built within City of Miami limits. While
there was no guarantee in our discussions where this stadium would go, the consensus, the agreement was
that we were going to be looking in downtown Miami at a possible three sites, maybe more. But three
sites is what we felt and what was felt that there were, one of them being Bicentennial. And to relieve the
concerns that some might have that we're not going to receive anything, if, indeed, this Commission
would want to have a stadium there in the future, if, indeed, that's the site that is chosen afterwards, there
was talk, and Mayor Penelas and I discussed this, and had a gentlemen's agreement of what he would
support to his Commission if the Bicentennial site would be one that would be chosen into the future.
And again, I emphasize that that's one of three sites that we spoke about. Basically, what I found
acceptable would be approximately a hundred and twenty-three million dollars ($123,000,000) over a 20 -
year period. And these were dollars that the County was not going to have to go into their pocket to give
to us -- in other words, the new money that they were going to have to find. But at the same time, it was
money that was not coming for the use and benefit of the City, other than where it's going to now. And
what I'm talking about is that what I proposed was that the City of Miami Sports and Exhibition Authority
would be given the right, after it would sell the present arena, the Miami Arena, to then be able to transfer
the approximately six million dollars ($6,000,000) a year, and it varies. Some years, it's more; some, it's
less. But for 20 years left in those bonds, the amount, that would be over a hundred and twenty-three
million; that the City of Miami would have use of those funds for those 20 years; that the County
Commission would have to approve; that instead of them, the County, taking this money back, like they
would do, if MSEA would sell -- Miami Sports and Exhibition Authority, for those that don't know that
"MSEA" stands for -- that instead of the County then taking that money back, like they could do and
would do, that we would have an agreement that that money would flow to the City of Miami for those 20
years left. And it would represent to us approximately a hundred and twenty-three million. So the City
would receive those dollars. The County would not have to go into any newfound money to give us those
dollars, because right now, for the next 20 years, they have to provide those dollars to the Miami Arena.
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The only difference is that it's going into that facility, and it's not going into many other areas for the City
of Miami to use that money for to relieve the general fund. So in a nutshell, you know, I think this would
answer some of your main questions that you have. And I think it's very positive where this Commission
has said that it wants the management to go, and that is to keep on talking.
Commissioner Sanchez: Mr. Mayor, I have a question for you.
Mayor Carollo: Sir.
Commissioner Sanchez: Would that only pertain to the Bicentennial Park?
Mayor Carollo: Well, Joe, I think if it doesn't go into the Bicentennial Park, then we have to negotiate
everything else, and that's obvious. But the reason that we had the direct discussion on the Bicentennial
tract is because that's the only one out of the three sites that's being looked at right now that's all City -
owned land. But this is why it's important to keep communications going, because if it's going to go to
another site, then we have to make sure that we're going to negotiate in the best interest of the City of
Miami. Last but not least, and I almost forgot to mention this. And this is why I really didn't have any
problems with this issue, and that's with the approximately two million dollars ($2,000,000) of parking
surcharge that this Commission could approve to give back, and they could bond it out to build this. That
would be new found money to us. In other words, it would not be any of the moneys that we're receiving
now. That would be moneys that would only be generated if a stadium is built. At the same time, it
would put us in a much better position, because then the County would be joining us, unlike what's
happened before. And it happened to go to the State legislature to make sure that the surcharge is going to
be around for a lot longer than it was approved for a couple of years ago.
Commissioner Winton: Well, I don't think the Commission has made that decision yet.
Mayor Carollo: Well, Johnny, this is all, as you know, something that once something final is done, it
would have to be approved or not approved by the Commission. But I will tell you this. On surcharge,
there is no way that the City of Miami will be able to survive into the future unless we find dollars from
somewhere else, and it's not easy to find, unless we keep that surcharge alive. That's the only reason that
we've been able to lower property taxes by a little over ten percent, and other fees. Without that, it never
could have happened.
Commissioner Winton: And Mr. Mayor, I missed one point. Did you say that there is a potential buyer
for the old arena, which is how we could -- ?
Vice Chairman Gort: The County would.
Mayor Carollo: Commissioner Winton, with the amount of dollars that are owed there, which is a little
over thirty-seven million dollars ($37,000,000), and the location that it has, and the potential, with the
additional FAR (floor/area ratio) that there to -- after you take bleachers out, you could probably put five
floors inside. That's not going to be a problem, whatsoever. That would not be a problem. But you see
the dilemma we have. And I apologize, because I was out for two and a half weeks, and just got back.
And some of us haven't been able to speak individually. And in your case and mine, it's a little more
delicate, because I do have a Sunshine Law with MSEA with you. We're both on the board. So there,
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I've got to be careful that I don't stray. But the situation that we would have now, if we would see that it
would be in the best interest of the City of Miami, of the Miami Sports and Exhibition Authority to sell
that arena for any other use, we would be very foolish if we would even start contemplating that until we
have a deal with the County. Because if not, they're going to take all that money right into their coffers.
And you know they will. I mean, we won't see a penny of it. So we have for the next 20 years about a
hundred and twenty-three million dollars ($123,000,000) and change that, if we're smart negotiators, we
could bring this into the City, and that could brings some major tax relief.
Vice Chairman Gort: OK. Now, my understanding, Mr. Mayor, is there has to be some continuing
negotiation between yourself, our staff and the County.
Mayor Carollo: Well, I think that, you know, we have to keep on talking. I'll say one last area. And I'm
sorry that I keep forgetting key points, but these are key. And this was never settled in our conversations,
but I've made it clear to the County where I stood. I am not in favor of selling any City land. Whatever
deal we enter into would be for a long-term lease or any other way that we could work it -- and there are
several others -- where at the end of the day, the property after the 40 years would revert back to the City
of Miami. So I want to make that perfectly clear. And I know the County will come up with reasons why
they would want that, but I could give you many more how we could do it without giving them title of the
land.
Vice Chairman Gort: OK. So --
Commissioner Winton: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Winton: I think all of you know that, whether I wanted to, or liked to or not, I've been
forced to spend a pretty significant amount of time on this whole baseball issue, I think, by virtue of two
points. One is that you all appointed me as Chairman of the Bicentennial Park Master Planning
Committee, and that master plan is ongoing. And so that brings a great deal of focus to this question over
siting. And the other is that it also happens -- the three sites happen to be in my district. So I've spent a
lot of time talking to a lot of people, including the media about this issue. But in addition to that, between
last meeting and this meeting, I have spent a fair amount of time with staff. And next week -- one of the
consultants we have on board Jack Osterholdt, who's going to help us with our retreat that's coming up in
the next couple of weeks. And I had an opportunity to meet with him, I guess, about -- sometime last
week, and had a real good conversation with him. And that conversation -- and we ended up talking about
baseball, and financing and all that jazz. And that led to a suggestion on his part that he knows a
consultant who's done a tremendous amount of work on financing professional sports facilities around the
country. That guy was willing to come down here for a freebie for a day. And so he is coming down here
at no charge to the City for a day, I believe one day next week. And our intent was to have a meeting with
that consultant, Jack Osterholdt, me, the Manager, Finance Director, a couple of other people from City
staff. This is an internal meeting, not an external meeting for the specific purpose of sitting down to begin
to talk about our own position as it relates to the financing of professional baseball somewhere in
downtown Miami. And so that's a process that between our Commission meetings that has started. And
if my colleagues have some other suggestion, I'm wide open. But if you object to me doing that, then we
won't do that. But it's a process that I've started so that we can at least begin to get a clearer picture for
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our own internal consumption, which I intended to bring back to the Commission once we got done, so
that we could develop, begin to develop a plan of our own to protect our City's best interest to get baseball
into downtown. But as you all know, also, I've been very, very specific to the media that that location is
not Bicentennial Park. So.
Mayor Carollo: Commissioner Winton, let me say this, if I may. First of all, let me thank you for all the
time that you have been putting in this, and particularly when you've been going through some very
difficult times recently -- the death of your father -- and I want to thank you personally for that. I want
you to know where I'm at, and for all of you to know where I stand. While I differ with you on the issue,
that I would have no problem in supporting a stadium in Bicentennial Park, as long as the negotiations
were in the best interest of the City of Miami, where we would have a deal that would be in the best
interest of the City of Miami. And I think the one that I described financially is. There is one other area,
of course, that has to be settled, and that's traffic into the Port of Miami, which is very key. But at the
same time, with the previous plan that we had for the tunnel to Watson Island that should resolve that.
Now, having said that, I can also very strongly support a stadium at the river site location, which is the
original site that Mayor Penelas and I were talking about a long time ago when this first got started. And I
could also support a site on Overtown/Park West. They're all good sites. I, you know, I commit to all of
you that whatever site is finally decided upon, I will support that. And I think the most important thing for
this City is to make sure that the Marlins are going to be kept in Miami -Dade County, and particularly
inside the City of Miami limits, in downtown Miami, where they can be called the Miami Marlins, in the
location that is going to make the best sense for us financially in the City of Miami, and for the Marlins
financially. But what needs to be done to make that dream a reality is for all of us here to work together,
for the County, the City, the State, the Marlins and the public to be able to work together. Otherwise, it's
not going to happen.
Vice Chairman Gort: Mr. Mayor, I think Commissioner Teele came up with a suggestion, is we need to
take advantage of this. There's a lot of issues that still need to be discussed, and this should maybe be part
of the negotiation with the County. And that's one of the motions that Commissioner Teele said he was
ready to make. And I think it's very important. I think all of us want the Miami Marlins to stay here, but
we also want to make sure that we get the best deal for everyone, and take advantage of it.
Commissioner Sanchez: Mr. Vice Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: If I may. Just as the murky waters start clearing up -- OK? -- And we're able to
move forward, and, you know, I'm not going to be a Commissioner that's going to be spoon-fed. And just
to get to that point, you know, a lot of things that are going to be coming up, I think everything needs to be
put on the table. The Mayor is absolutely right. This is something that we, the County and the state is
going to have to work on to make this happen. Once again, I'll make the statement I made. Everyone's
got to be a winner on this one, just not the Marlins, but the City, the County and the State. We all have to
be a winner. But, you know, I could see where this is going to. And although some may not want to come
out and say, I think there's a strong push for the Bicentennial. And I think that the one question that I
have to ask is, you know, we haven't even done an appraisal of that property to find out exactly how much
the land is worth. And if there's one thing that we could all agree on in this Commission, it's that we're
going to make the best deal for this City. I've stated it. At one point, I was not, not committed. But I
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think the ideal setting -- it's just my opinion, 20 percent of this Commission -- I think that the stadium
could be built at Miami River site.
Commissioner Winton: Well, you're up to 40 percent.
Commissioner Sanchez: Well, 40 percent. And there's some things that could be worked out, because let
me tell you something. The last piece of land that we have, you know, that land to us is priceless. I don't
care how much -- you know, people tell me it's worth six million to ten million. To me, it's worth a
hundred million an acre, because if you look at all great cities throughout our country, you have
downtown, you have residents, and then you have a park that people could walk into a park and enjoy.
We talk about the future development of downtown. Well, if we do away with that park, then we're just
going to have what we call in our development; it's a concrete jungle. And I think that we could work out
-- I am very glad to say that when I met with John Henry, at one time, the Miami River site was a no -no.
Now I think that there is some, "Hey, you know, things could happen there." And the concern of the
retractable roof, well, you know, that's another idea that'll be discussed. But I know tomorrow, there's a
big meeting with the committee to discuss other issues. I will be there to educate myself on this issue. I
want to analyze it well. But once again is the message to the City Manager, is go out there and, you know,
once again, don't sell the City short. We're tired of at the end of the rung -- and most of us haven't been
here -- but at the end of day, we end up losing on a lot of deals. And this is one deal we can't lose, we
have to win on.
Vice Chairman Gort: OK.
Commissioner Regalado: One issue I -- you know, it was good that the Mayor came down and spoke to
us about this, because I attended a meeting of the state committee on the Mayor's Office. And first of all,
there were some issues. I think that the Manager was there. Yes, you were there. Mr. Henry was asked
about the site, and he specifically said Bicentennial, because of this and that. He gave several issues.
Now, Mayor Penelas said that you were not involved at all in any talks or any deal, which it offended me,
because, I mean, a major component of the stadium is the City of Miami. But your presence there, Mayor,
endorsed the plan, I mean, and for us, it's important that you come and tell us that, you know, you are
working on some ideas. But my problem is that neither your Manager nor you keep the Commission
informed.
Mayor Carollo: No, it's our Manager. It's our Manager, Commissioner.
Commissioner Regalado: No, it's your Manager, because I mean, you have the administration working
for you. We don't have any information at all. At all.
Mayor Carollo: I'm sorry, I'm sorry, Commissioner. Look, you know, I want to --
Commissioner Regalado: No, no, I'm --
Mayor Carollo: I want to inform you -- I wanted to --
Commissioner Regalado: You know, I'm glad that you came down, Mr. Mayor, and gave us some
information. But I hope that in the future, you'll at least give us some idea, so we can --
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Mayor Carollo: Mr. Commissioner, again, I don't know how many times I said this to you. You are so
welcome to come one on one and meet with me any time you'd like. And I personally would really enjoy
giving you a full review, breakdown on this issue or any other issue that you would like.
Commissioner Regalado: OK. But, I mean, you know --
Mayor Carollo: Thank you.
Commissioner Regalado: All I'm asking is for the Mana or to give us some information. And I think
that's fair, and I hope -- This letter was signed on the 17t of December. We are at the 11 th of January,
and now we know something.
Vice Chairman Gort: OK. Thank you. Anything else that you'd like to add, Mr. Mayor? Any other
discussion? Any -- You have your instructions, and what's taking place is there's a lot of negotiation that
still needs to be taken place. There's nothing in specific. So at this time, I'm ready to continue to go on,
unless anybody would like to propose something else.
Brett Bibeaux: Commissioner Gort, if I may?
Mr. Gimenez: Mr. Chairman.
Vice Chairman Gort: If we're going to open it up for discussion, we're going to have -- everybody will
want to speak on this. I don't think -- at this time, this is not a public hearing. This is just informal, a
meeting for the Commission. There will be plenty of time when the public hearing is going to be taking
place, like it has in the past, and you know I've always been very open to that.
Mr. Gimenez: Mr. Chairman.
Commissioner Toole: Mr. Chairman.
Mr. Gimenez: It may be beneficial for you to give me an approval to spend a certain amount of money if
we need some type of consultant to help us out on this deal, you know, to some limit, maybe fifty to a
hundred thousand dollars ($100,000).
Commissioner Toole: I move that the Manager be authorized to expend up to a hundred thousand dollars
($100,000) for consulting services, specifically including the use of a financial advisor in the evaluation of
these proposals.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
185 1/11/01
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 01-44
A MOTION AUTHORIZING THE CITY MANAGER TO EXPEND AN
AMOUNT NOT TO EXCEED $100,000 FOR CONSULTANT
SERVICES SPECIFICALLY INCLUDING THE USE OF A
FINANCIAL ADVISOR IN THE EVALUATION OF PROPOSALS FOR
PROPOSED BASEBALL STADIUM.
Direction to the City Clerk and City Manager: by Commissioner Teele to
enter into the public record documents provided on the proposed baseball
stadium issue by the AIA, the Miami River Commission, Mr. Jorge
Espinel and other documents which may be forwarded by members of the
Commission within the next two days, further requesting a review of
1. Proposed legislation relating to the parking surcharge;
2. Proposed relocation of WASA pumping station on Bicentennial Park;
3. Old Miami Arena site for proposed baseball stadium;
4. Proposed amendment to our PILOT to include agreement with county
to pay the City fire fee for County buildings; and
5. Tipping fees paid to County for solid waste.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: If I may. I would like to put into the record to the Clerk as a part of this discussion
the literature provided to us by the AIA (American Institute of Architects, the Miami River Commission,
Mr. Jorge Espinel and any other documents that are forwarded by any member of the Commission that
they've given us, because I think it should be very clear that it's there, and that the record be left open for
a period of two days or one day, for the purpose of providing this information for the record. Mr.
Chairman, again, I said what I meant, and I meant what I said. I think, you know, again, we need to be
very careful that we're not assuming away the problem. And the problem is, quite candidly, the dollars
and revenues that are owed to the City, that are due to the City. And quite frankly, the way, I guess, others
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have expressed it, Commissioner Winton and others, getting the best deal for the City in this process. I
would like to see the legislation, the next time we have this discussion, as an example, that we're
proposing regarding to the parking surcharge. I have great, great difficulty comprehending a proposal
between two Mayors in which the parking surcharge is envisioned as a part of the revenue stream, and yet,
the Mayor of the County is in court saying that this is an illegal parking surcharge. I mean, you know,
like, "duh."
Vice Chairman Gort: And now, it becomes legal.
Commissioner Teele: I mean, and I mean, you know, this is -- You know, again, it's all good. We give
these great speeches, and we talk about getting the best deal for the City. Well, the time to get the best
deal for the City is not when we get to talk about the baseball stadium. It's right here, right now. If we're
talking about the issue of Bicentennial Park, which, quite candidly, for the record, I think the only guy
who thinks this thing could be in Bicentennial Park is Mr. Henry. I think at the end of the day, this is --
you're going to see the old famous Miami -Dade County Airport shuffle on this deal. And you're going to
see the, you know, airport rule one, which is now the guys in the closet will come out. And this deal is
already cut for the Miami River. I mean, the only guy in this town who really believes that this thing is
going to be at Bicentennial Park at this point is Mr. Henry, unfortunately. But he'll -- you know, all he's
got to do is go out to the airport and talk to some of those folks that have been trying to get their shops out
there. He'll figure out what's going to happen. The lobbyists will rush out of the closet. And there's no
money for land right now, but to buy the -- to get it on the Miami River is going to cost forty-five million
dollars ($45,000,000), right? At least. They'll take a five percent, ten percent drop. So it'll be forty
million dollars ($40,000,000) in round numbers, OK? And guess what? The money is going to come out,
because they know -- They talk about forty million dollars ($40,000,000) for land, then Bicentennial is in
play. I mean, I, for one, am prepared to say that if Mr. Henry wants to put up a hundred million dollars
($100,000,000) for a park trust fund, for use of parks Citywide, to operate parks in everybody's district,
that' show you can put it in Bicentennial Park, because with all due respect to everybody who's going to
argue about Bicentennial Park, the fact of the matter is you got five Commissioners up here who have
parks in their neighborhoods that are un -funded, under -funded. There is not a park in my district, in Little
Haiti that has one part-time attendant. And even though we've got this Park Advisory Committee and all
that, at some point, these guys and ladies are going to figure out the biggest problem is not land for parks
in the City of Miami. The biggest problem is dollars to operate them. So if Mr. Henry wants to come up
with a hundred million dollars ($100,000,000) for the use of the Bicentennial Park in a trust fund that's
going to go Citywide, equally, in all five districts, let me tell you something. Even the people who are for
parks are going to have a hard time arguing against a park in any community that's going to get money.
So I mean, you know, the reason that isn't on the table is because there is no money for land. But when it
gets down to the end and Mr. Henry has got one -- he's got one word he can say. It's "yes" or "no." At
the end of the day, the Miami -Dade airport two step will come out, and it'll be the Miami airport river two
step, and it'll be at the river, take it or leave it, and here are the guys you got to go over in a corner and
deal with and get their blessing. But that's more to come later on that. The fact of the matter is, if you're
serious about Bicentennial, somebody should talk about moving the pump station at Bicentennial. How
many acres is the pump station? That's about two, two and a half acres, isn't it?
Mr. Gimenez: I'll get that for you.
Commissioner Teele: But more important than that --
187 1/11/01
Vice Chairman Gort: Two acres.
Commissioner Teele: But more important than the amount of land is where it is. If you remove the pump
station, which is going to cost money, but it's a water and sewer money. I mean, you know, the County
gets forty-five million dollars ($45,000,000) a year for their overhead, for their technical assistance and
their supervision of water and sewer every year at your expense. But the fact of the matter is, if you really
want to go into Bicentennial Park, remove the water and sewer pump station over there. Put it somewhere
where it makes sense, and make that park available. So I think there are a lot of ways to get the best deal
for the City. I think to make the Mayor's -- the two Mayors' proposal very simple, clearly, the best
location for this, based upon what Mayor Carollo said, what's been whispered is the old Miami Arena
location. I mean, why sell it, and trade it off and go through all of those machinations, in fact? Because
we all know economically, this stadium works against another County facility. I mean, you know, where
is the Ringling Brothers Bailey Circus this week?
Unidentified Speaker: Miami Arena.
Commissioner Teele: It's at the Miami Arena, I mean. So, you know, you got two stadiums, neither one
of which are making money. I mean, you know, only in government, only in Miami. But the fact of the
matter is, you know, if we can shoehorn it on the Miami River, who is looking at shoehorning this stadium
at the current Miami Arena? Is anybody doing that, Mr. Manager? Do you all have consultants looking at
that, seriously?
Mr. Gimenez: We're looking at a number of different sites. There are problems with the old arena site, in
terms of the FEC (Florida East Cost) Railway and all that. Those are things we have to work around.
Commissioner Teele: But is anybody seriously looking at -- I know that the private sector, the owners of
the land, I know that people are -- that have a vested financial interest are looking at the river site. Is
anybody, other than the City of Miami, who has a vested interest -- are we looking at the Miami Arena
site? Well, I'm trying to give you my input of what it is I'm looking for. There is no way I'm going to
want to go to the Miami River if we could have it at the Miami Arena. And if you're prepared to sell, or
get rid of or transfer that location and get the -- what is it? -- a hundred and twenty million dollars
($120,000,000) -- let's get it in a site that makes sense. So those are some of the things that I really think
that we should look at. But at the end of the day, I really do think the fire fee study we had had a
quantifiable amount of money that we're spending, and we're taxing the taxpayers on fire fee for County
facilities. Would you give us that number? Have we looked at meeting with the County and amending
our -- what's the property term, Mr. Attorney? A payment in lieu of taxes, what do they call it?
Alejandro Vilarello (City Attorney): PILOT (payment in lieu of taxes).
Mr. Gimenez: It's a PILOT payment.
Commissioner Teele: A PILOT. Have we looked at amending our PILOT to include that? Have we
looked, seriously, at working an agreement with them on issues like the solid waste fees and the tipping
fees that continue to go up? Are we really looking for the best deal? Because the truth of the matter is the
best deal for the City could very well be to give it to them at the Bicentennial or give it to them at -- well,
188 1/I1/01
not Bicentennial -- but to give it to them at the Miami Arena site with no money. I mean, if we could pick
up four or five million dollars ($5,000,000) a year of the six or seven that we're owed, I mean, I'd be more
than happy to vote to give them the Miami Arena site, fee simple on it. So, I mean, there are a lot of ways
to get there. But I think the real issue here is that we've got to get our issues ahead, and we cannot spend
all of our time researching how fast can we change the zoning -- because that's what it's going to get
down to -- how fast can we change the zoning at the Miami River site, and how fast can we do all of these
things? Because at the end of the day, we're not looking out for our best interest in my judgment. We're
responding to the issues as the County is putting it on the table. That's why we're having this discussion
now, because if we were looking out for our best interest, we would be talking about the parking
surcharge. We'd be talking about WASA. We'd be talking about the PILOT. We'd be talking about the
land there in Park West/Overtown that they're trying to reclaim, all of those kinds of issues that are
important to the City of Miami. And none of those are on the table right now.
Commissioner Winton: Aren't you Chairman of a committee -- Didn't we set up a committee, though, to
go after all of that stuff?
Commissioner Teele: No. We set up a committee to be in a position.
Commissioner Winton: Oh.
Commissioner Teele: But you can't make -- it takes two people to talk.
Commissioner Winton: Yeah, right.
Vice Chairman Gort: The other side has got to come in, also. And we never sat down. OK. I think
you've got your marching orders.
Mr. Gimenez: That's really all I wanted, basically, just get you the best deal. And you really haven't
closed the door on anything. And so that way, I can come back to you with what my best
recommendation is.
Vice Chairman Gort: OK. Thank you.
189 1/11/01
Vice Chairman Gort: We've got a couple of items that we want to finish on the regular agenda. Any
other pocket items? Do you have any other items that --
Commissioner Regalado: I have a pocket item, Mr. Chairman. Well, you have several, too.
Carlos Gimenez (City Manager): Yes, sir, we have a couple more items. There's Item 38, and there's
item 40.
Vice Chairman Gort: 38 is the one we requested where we had the Commission to review Public Works'
Infrastructure Improvement Plan to us.
Frank Rollason (Assistant City Manager): Frank Rollason, Assistant City Manager. What we would like
to do -- and I discussed this, Mr. Chairman, with you at the last Commission meeting when this was done -
- is that we need to put this package together totally. We've got the meeting that was going to be on the
10`h -- now it's on the 24th -- to look at all the CIP (capital improvement project) projects of January, and
also to address the issues that Moody's talks about, which were mentioned in the direction to the
Commission. So our request to you at this point is to, at the earliest, bring it back the first meeting in
March, so that we would be able to have a report to you on the CIP projects totally, not just the streets, but
to have something to where we can start looking at a total plan of CIP.
Vice Chairman Gort: And this total plan, is this going to be a five-year plan, CEP total plans with the
budget to go along with it, and the total expenditure, and the expenditure per year?
Mr. Rollason: I'm not sure what we would be able to have done for you by March, but I certainly think at
the first meeting in March, we could come with a first phase picture of what we found, where we're at,
and where we go from this point forward. And then maybe it'll be April that we come back with the --
Commissioner Regalado: Willy, don't, don't make him do a five-year. Just to come back with --
Mr. Rollason: Right. Here's where we're at.
Commissioner Regalado: And the money that we have this year, and then --
Mr. Rollason: Right, right. That's what we're looking at, at this point.
Vice Chairman Gort: But at the same time, I think we've seen, with all the storms that we've had, the new
storms that we never had before here --
Mr. Rollason: Right.
Vice Chairman Gort: -- the major problems within the City of Miami. I mean, I think we have been able
localize those. We have been able to find and pinpoint where we have the major problems.
190 1/11/01
Mr. Rollason: Right. And in other words, I know that Fire has recently been able to get some -- I'm
saying around twenty-eight million. Isn't that what FEMA (Federal Emergency Management Agency) is
talking about for the Flagami area on the --
Mr. Gimenez: Yes, twenty-eight million.
Mr. Rollason: About twenty-eight million. So that's a capital project. So we're going to-- regardless of
what the funding source is at this meeting on the 24th, we're going to look at all the capital projects,
whether it's CDBG (Community Development Block Grant), whether it's fire fee, whether it's Safe
Neighborhood Parks. We've got to start looking at all of the projects. And some of them are multiple
sources for the same project, and we just don't have a good handle on that right now.
Commissioner Regalado: If I may. I sent a memo to the Manager yesterday. FEMA is bringing thirty-
five million dollars ($35,000,000) for flooding related work. Sweetwater has requested fourteen million.
West Miami is requesting fourteen million. So I don't know how much we have requested.
Mr. Rollason: I think Captain Joe Fernandez can speak to that, because he's got some information, so I'll
let him. Come on, Joe, do it.
Joe Fernandez (Assistant Fire Chief): Joe Fernandez, Assistant Fire Chief, Disaster Management, Public
Affairs Division.
Mr. Rollason: Chief Joe Fernandez. I said, "Captain." Sorry.
Chief Fernandez: That's OK. In reference to the FEMA dollars for the 404 mitigation fund, at this point,
there's thirty-five million dollars ($35,000,000) in that fund. It's a fund that continues to grow, based on
the projects that get done Countywide. The request from Sweetwater is eight point nine three million to
do their solutions to their flooding problems. West Miami is twenty-eight point seven million and --
Vice Chairman Gort: How much?
Chief Fernandez: Twenty-eight point seven.
Vice Chairman Gort: Twenty-eight.
Chief Fernandez: And the City of Miami's solution is twenty-five million for that area. So and that's
what we've requested through a process we've been in for the past three years, which is a local mitigation
strategy with the state. And we have a scope of work, and it's sitting there. Now it's a matter of getting
the support form the State and FEMA, and keep money injected into that fund. And we have a prioritized
list to deal with the projects in that area. As soon as the money starts flowing in, we'll start doing the
projects and getting the funding back in.
Commissioner Regalado: Are they going to use some of that money for South Florida Water Management
and the pumps that they want to do?
191 1/11/01
Chief Fernandez: Yes, Commissioner. The way that this was done, in 1997, the Department of
Community Affairs launched a local mitigation strategy. They wanted to have a comprehensive plan for
all the communities in Florida, to identify what their risks were, and have mitigating solutions. We
provided a plan in 1999 September. We had our prioritized projects in there, as every other municipality
and County government did. And one of our projects was the Flagami storm water drainage problem. As
soon as the flooding occurred in that area, and the Governor's Task Force got formed, those projects
moved to the top of the list. And what they've done now is the C4 drainage canal, which encompasses
West Miami, Sweetwater and the Flagami area is the area that's being dealt with under that pot of money.
As I said, that pot of money is a function of the restoration work that gets written as part of the flooding
disaster. Right now, that's two hundred and thirty million dollars ($230,000,000) Countywide. So the
formula is 15 percent of that that they build that fund from. Fifteen percent of two thirty is the thirty-five
million currently. But if more restoration work gets done, the pot increases. And as I said, we have
prioritized projects for that area, and we're -- at this point, when you take out the forward pumping, and
the canal dredging, and the back pumping, which was prioritized by the Army Corps of Engineers, that's
what has to happen first, before we do any municipal projects. So if we don't get the water pumping done
in that canal, we can't do anything.
Commissioner Regalado: Right, right.
Chief Fernandez: So the first twenty-four million has to go to South Florida Water Management District,
so it's an effective canal. At that point, of the thirty-five, what's left is eleven, and that is to be split to the
municipalities to start working on their highest priority projects.
Commissioner Regalado: Yeah, but how can we force South Florida Water Management to expedite the
cleaning of the canals that, you know, that go around the Flagami area and install the pump on Southwest
8th and the Palmetto? That is -- so that would mitigate some of the flooding, even if we don't do the real
work, because that was the problem before.
Chief Fernandez: You're correct. And that funding, they're fast -tracking that, and trying to deal with a
lot of the environmental issues that are the biggest slowdown, the Nepa (phonetic) reviews, et cetera. And
they're trying to fast track that as quickly as they can. They have some project dates, and they're
supposed to start working on them, according to what South Florida Water Management District has said,
they have the scope of work and the engineering prepared, within the next four to six months. And then
these other projects can start going into play. And then it's our responsibility to start the projects, and then
we'll get reimbursed for them.
Commissioner Regalado: Thank you.
Vice Chairman Gort: The one question that I have every time, and I'm learning this quite quick as I get
involved in several projects in here, like the -- excuse me -- Flagami Marketplace. We all had the projects
together, and then we had the team together. And once we got the team together and everybody was
agreeing, we signed a contract. I was under the impression we could start right away. My understanding
is that drawing plans takes a year. When we look at this capital improvement we need to do, after we've
decided this is what we're going to do, then we're going to have to do the same process. We're going to
have to go through the consultant and the drawing plans, and it's going to take that long, because if that is
-- what I'd like to really -- and you heard from the residents today. The biggest problem that we have is
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when we misrepresent what's going to take place and the time span that it's going to take place. When
you put this together, let's make sure we say this is what we need to do, this is how long it will take and
we can start by then and finish by then.
Mr. Rollason: You're right. We have to do a Gant chart or have to go into prioritizing. We have to
design them. We have to go out and get the contractors. We've got the environmentals. We've got all
those steps we have to go through. So when we say to somebody that the project's going to start in
March, some people think you're going to start turning dirt in March, when in reality, you're out for
design in March. So you're right. We need for the general public to say, look, you're looking to see work
on site in September.
Vice Chairman Gort: This is what we needed to put together when we give the information to the public.
Mr. Rollason: Right.
Vice Chairman Gort: To make sure that they understand that.
Mr. Rollason: We agree with that.
Vice Chairman Gort: OK.
William "Shorty" Bryson (Fire Chief): Chief Bryson. Just one more point. The plan that Chief
Fernandez presented to you is now going to go for approval. We do have other entities trying to take our
share of the pie. And we will be trying to put together a team effort to make sure that we lobby to stay
with the process, and get what we are entitled to.
Vice Chairman Gort: But I think it's very important. A lot of people don't understand the process of
government, and especially we in the private sector. When we want to get something done, we do it right
away. People don't realize sometimes the restrictions that we have and the criteria that we have to follow.
That's why I think it's very important when we send a memo stating that we're going to do something that
in that memo, we specify the time span that it's going to take. Thank you.
Commissioner Regalado: Yeah, but Willy, he's right. There are some other agencies, municipalities;
entities that are trying to take away the money. That's why I was saying, you know, we should be
aggressive with South Florida Water Management, so they drain and clean the canals, and install the
pumping station. If they do that, the flooding situation will be 50 percent solve in the Flagami area. I
know. I've been to the South Florida Water Management castle that they have in West Palm several
times, and I understand a little about this. I'm telling you, they are going to try to take away. West Miami
has a very aggressive team in Tallahassee, and they're going to try to take away some of the money. I'm
sure that they will. So if we can at least get them through our lobbying efforts in this coming session of
the legislature to start the cleaning of the canals and the pumping station next year, we won't have that
major problem.
Chief Bryson: Commissioner, we plan on working on that, of course, through Joe's division, but also
through the Manager. We've already started lining up the names and the people to make sure that we
posture so nobody takes what we've worked hard to get allocated for the City.
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Vice Chairman Gort: I tell you, the reason Commissioner Regalado and myself know a little bit more
about this is because we get -- every time it rains, we're the ones that get the phone calls, and we're the
ones that have to go out there. And we received some funds from the legislation to clean up the Blue
Lagoon, and we've been in the process. We've received an allowance of funds; I think it was about six or
eight months ago. We have not been able to start the cleanup yet. Now we find out that we need some
additional funding. We are getting some additional funding. But in talking to the canals, my
understanding is the responsibility of cleaning the canals; a lot of it belongs to the City, that we used to
subcontract with the County. The County was no longer doing that. And somehow things -- we started
doing it again. And this will be very helpful, also.
Mr. Rollason: That's correct. The Comfort Canal, Wagner Creek and some of those, the County has
backed out of, and we've assumed the responsibility. We have already done one initial cleaning, and gone
through there, and taken out a lot of the large debris. But again, that's one of the projects that we're going
to have on the 24th to look at, because they need some deep cleaning.
Vice Chairman Gort: Great. The other thing that I would like to do, my understanding is the funding that
we received from the South Florida Water Management, and we might be able to receive some more
funding to make sure we could combine it with the Public Works, and we can work on a team on that.
OK? Thank you. Any other questions? Thank you.
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Vice Chairman Gort: Any other matter? My understanding is Item --
Dennis Wheeler (Acting Director, NET): Item number 40.
Vice Chairman Gort: I wondered why Elena was still around here. OK. Item 40.
Mr. Wheeler: Dennis Wheeler, Assistant Director of NET (Neighborhood Enhancement Team). Before
you -- I mean Acting Director of NET. Before you is a report that was prepared by all of the respective
department Directors, with Mr. Francisco Garcia taking the lead on this and finalizing the report. It's a
statement of the problem, solution to the problem and possible solutions to the problem. And I have a
PowerPoint presentation I'd like to present, and I'll try to keep it as short as possible. How do you turn
this on? Walter.
Vice Chairman Gort: Go ahead.
Mr. Wheeler: Much better. As you can see, there were 24 issues that are included in the report, or at least
that we were dealing with. First one was the Peacock Park boardwalk, which was vandalism, graffiti and
some of the boards were missing. As you can see on the right, we have corrected most of that problem if
not all of the problem. However, once corrected, we had some vandals go in there and paint the
boardwalk itself, the walking part of the boardwalk floor. To the left is what the Miami Beach boardwalk
looks like. And Parks, the Parks Department is trying to find out how they maintain, and what type of
material they use to maintain their boardwalk. The sidewalks, as we can see, they're in a state of
disrepair. However, the entire district is presently undergoing sidewalk repairs, and they're over 70
percent complete in that area. As you can see -- and I think to the left there, the slide to the left is the new
parking garage, where they have the concrete in between, where it acts as a stabilizer for the bricks. And
our recommendation would be in future redesign to add that to the design feature, and it gives you
segments, which will be much easier to repair. Vandalism, graffiti, stickers. This is probably going to
have tougher legislation, but banning underage individuals from drinking established in the area may be
an option. Tougher laws against vandalism, such as the implementation of a zero tolerance zone, more
enforcement and higher penalties for those caught engaged in any such activity. The planters, I think that
speaks for itself. Either trees are missing, there's weeds, shrubs and there are planters of different
configurations throughout the district. Our recommendation would be to have a uniform design and
landscaping proposal for these planters, and maybe some robust specimens that would not require frequent
maintenance or watering, so they can survive. The street lamps that was a problem. The missing -- cones
were placed over the junction boxes, missing light bulbs and just in a general bad state of disrepair. The
missing lamps have been replaced by GSA (General Services Administration), and Public Works is
engaged as we speak with meetings with Florida Power and Light to study the feasibility of them taking
over the whole new system like we have on 8t" Street with what you see right there. That's a "before," or
as it exists now, and I think the next slide will show what, with the new ordinance, what the City of Miami
can look like, even though I think our ordinance will allow us to do a much better job than Coral Gables is
doing. Pay phones. Obviously, there's an overabundance of pay phones in the public right-of-way.
They're not in service, and they need to be removed. And NET offices right now are making referrals to
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Public Works Department, who will ensure the prompt removal of the pay phones. And again, this is a
shot from Coral Gables, and we might want to look at having a plan in the Grove where we can have such
areas where you can have a nice place for a bus bench and pay phone. Dangerous or unsightly conditions.
That's the street furniture, which is utility poles, bus benches. They're just in need of replacement. Again
-- how did we go to pay phones? GSA and Public Works Department are presently engaged in a
feasibility study for eliminating visual clutter created by these items. And County administration has
already taken significant steps by reconfiguring some of the intersections at Grand Avenue, Main and
McFarlane Road. The bus benches -- as you can see, the slide on the right, we have a bus bench there
with another bus station down there. So that bus bench there is just strictly there for advertising. And
Public Works Department -- Public Works has reviewed the contract with the bus bench company in the
process of correcting any such violations. The broken planter is going to speak for itself with the next
slide. It's already been fixed, thanks to the Public Works Department. And the striping of the public
right-of-way, the next slide, we're in the process of -- go on to taxis. Anyway, we're doing some of the
striping, and some of the paving has already taken place. Taxi stands. We're attempting to identify
additional location for the stands, and the Police Department will continue to monitor the taxi stands to
ensure that we're in compliance. There is the striping. The parking meters, they're frequently vandalized
and tampered with, which is again very obvious. And the solution to that is the Parking Authority has
replaced single -headed meters with double -headed meters; sort of reduce some of the visual clutter. And
again, this is a slide from Coral Gables, where we might want to look at planters around some of the
meters to give it a better visual appearance. Trash bins. Insufficient number. I think Solid Waste is
putting some more bins in the Grove, and repaired some of the ones that were in need of repair. Again,
the one on the right, Solid Waste wouldn't have a problem putting that in, but again, it takes -- it has a
much better look than the ones that we presently have. This is a cleanup. There was insufficient weekly
man-hours available in the Grove to do a proper cleanup. And I think at this time, by increasing the
number of hours of the cleanup crews in the Grove, I think we have a very good handle on the Center
Grove and the business district, where we have seven -day -a -week coverage in there. The sandwich
boards, again, they speak for themselves. And the solution to that is, is the Miami Police has really been
helping us enforcing the codes, and they're getting a higher degree of compliance. And we will extend the
hours of some of the NET inspectors to have a bigger impact with some of these infractions.
Commissioner Winton: I see our friend, Quick Park Parking is back. You know, that's one of the
examples of the sandwich board.
Mr. Wheeler: Again, the traffic signs with graffiti and abundance of these type signs. And, you know,
these fall under the jurisdiction of Miami -Dade Public Works. And we have done, and again, we will do
another survey of the signs and report. And when I say "we," NET will report it to Public Works, to make
sure that these type of problems get fixed throughout the City, not just in the Grove. Signs. As you can
see, that's a sign at Fuddruckers, and I think the other one is a directory in Mayfair. And maybe a possible
solution to that would be a uniform signage program district -wide. Like the one you see on the left is in
the Gables. And the other one is on private property in the Mayfair, and we may want to look at that to
have a more friendly environment. Again, graffiti and the private dumpsters visible on the prowl, and we
think the solution to that is -- and we're actively -- is making them enclose it. And when we find any
establishments that have not enclosed it, we actively get with the owner, and cite them, and try to take care
of that problem.
Vice Chairman Gort: I tell you, we did that in the Farmers Market, and that helped it by 40 percent.
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Mr. Wheeler: And there's another little problem here that we're working on. If you look at the slide on
the left, if you look just at the bottom of the slide, below the blue door, in the Grove, on Saturdays and
Sundays, they open those doors to clean the inside of that out. They push all the trash out on the sidewalk.
And it may be a new sidewalk, and we have food and grease and everything on the sidewalk. So I've
asked Haydee Regueyra, the NET Administrator to go over and meet with those owners and cite them, if
need be, to keep them from doing that.
Commissioner Regalado: Chief, one question. Saturday night, I parked in the new Off -Street Parking
facility -- by the way, congratulations, Mr. Noriega. It's beautiful. And then I walked to Cocowalk for
the movies. This is Saturday night, with my wife.
Unidentified Speaker: What movie? What movie?
Commissioner Regalado: That's easy. Well, anyway, you have to walk about two blocks. Of those two
blocks, you have to go on the sidewalk. And you face -- I don't know what kind of establishment is that,
but it could be a restaurant -- the backside of a restaurant. They have open -- they have these gates open,
and the smell is really not nice. And as you say, there is food, and garbage, and trash and you have to just
jump around the trash. You also have a problem, because right there, you have two -- on that same block,
you have two signs that apparently were hit by a car or something, trying to park. And if you don't look
as you walk, you may get hurt, because it's -- the iron part of the sign -- it's a small thing that you can
barely see it, because there is no light on those. And I'm talking the two blocks from the side of the
parking to the main street. But there is also another problem. Those things -- I don't know how you call
them -- that are on the sidewalks that are supposed to be -- I guess manholes for electricity or something.
Every time that somebody steps on it, it jumps. And it's really scary for a person that feels that it -- could
get hurt. And as you go, you have several pieces of sidewalk who are not there anymore. Apparently,
somebody has taken the time to lift them. So that is -- in two blocks, that is a problem, which is totally,
totally opposed to any marketing that you can do for tourism in an area, because if I want to tell visitors,
go park in our newest, and biggest and prettiest parking facility in the Grove, and walk to them, they have
to go through that. It's like an obstacle race. And that is a problem, I think even bigger than the issue of
graffiti, because it makes dangerous the walk from the parking facility to the movie theater.
Mr. Wheeler: What I'll do tomorrow is myself and Haydee Regueyra will go over there and walk that
area, and hopefully with somebody with Public Works, and we'll just do some recon over there and
address some of those problems.
Commissioner Regalado: No, but you see, this is a tourist area. And the thinking has to be as a marketing
oriented goal. That is, make it beautiful, make it nice. Not only address those issues that are important,
but what I'm saying is that even if the sidewalk is OK, the smell of the garbage is not nice when you are
going with your family for a dinner or a movie. So what I'm trying to say to you and to members of the
Commission is that we have to see a bigger picture. We have to say, do we want Coconut Grove as a
tourist -oriented place? And then we have to do everything to make it safer, and pretty, and, you know, not
smelly, for the tourism. It's just a matter of working within a framework of marketing, not within a
framework of Public Works, or Solid Waste or whatever. That's all.
Vice Chairman Gort: Thank you.
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Mr. Wheeler: These are the South Miami New Wall, which again speaks for itself in this slide. And we
have referred some of the problems to some of the property owners. And I think as you look at the slide
on the left that they are -- some of the property owners are starting to working on their wall and make it
look a little bit better.
Commissioner Winton: Well, in your solution in here, though, you say that: "Please note that some of
these governmental property owners supersede our jurisdiction, so additional personal contact may be
required." Who are you talking about? Vizcaya? The church? I mean, which ones? We have to know,
so if you want us to do something, we can go bug them. And you took a picture of the good wall. The
bad walls are on the other side that belong to Mercy, and Vizcaya and the archdiocese. Those are just
god awful. They're atrocious. They're disgusting. They're a disgrace.
Commissioner Sanchez: Hey, Johnny, isn't that your wall?
Commissioner Winton: Yes, that's my wall. That's my neighborhood.
Mr. Wheeler: We're citing you tomorrow.
Commissioner Winton: Good. Good. In fact, I went to a homeowners association meeting months ago,
and they said, "Well, we're going to start painting." And there was all this blah blah about painting. And
then I haven't seen anything. Actually, they yelled at me about a whole bunch of things.
Francisco Garcia (Assistant Director, NET): I wanted to put out --
Commissioner Winton: But they said they were going to paint. So I'm all in favor of them painting. But
the other side is terrible.
Mr. Garcia: Francisco Garcia, Assistant Director of NET. I'm sorry the -- actually, the image left us. But
if you look at the brochure, the image on the right is actually the new entrance to the Bay Heights
neighborhood, and that has -- they have really done a very nice job of it. They are continuing that down
the road. The point we wanted to make with the caption here is that it's not as easy as elsewhere in the
City, where there is a wall per property owner. You could cite the property owner. We're dealing with
governmental agencies. We're dealing with hospitals, government, institutional agencies, and
neighborhood associations. So the process is al little more protracted. Not to say that we're not following
up, but we certainly -- and we will get there. But it will take a little bit longer to find.
Commissioner Winton: If you need help with somebody, you need to let us know. My point is those
walls are a disgrace. And whoever the people are that are responsible, particularly on the other side of the
street there, I want to get after them, because it ticks me off every time I drive down that road. And I do
that every day, twice.
Vice Chairman Gort: If their homeowners association is not getting fined, and they know they're going to
have to pay five hundred dollars ($500) a day and things like that, they're going to do something about it.
The hospital, the same thing and archdiocese, same thing.
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Mr. Garcia: Agreed, Commissioner. The point we're trying to make is we don't have direct recourse,
because, remember, our code enforcement system is based on an address, a property address that we can
cite. There, what we have to do, basically, is rely on the NET Administrator and NET inspectors to pay a
visit to the person responsible, establish that rapport, and see the problem through a solution. It takes a
little bit longer.
Commissioner Winton: Those walls are in front of property that has a property boundary, just like any
other wall. So where the -- where Vizcaya's property starts and where it ends, and the archdiocese picks
up, that's Vizcaya's property. The next one where Vizcaya ends and the archdiocese -- that's the
archdiocese. Then the next wall becomes Mercy's wall. This isn't any high science here. So, Francisco,
that's unusual for you to give -- that's one of those --
Vice Chairman Gort: Bureaucratic answers.
Mr. Wheeler: He can tap dance, too.
Commissioner Winton: He's very good at that. My question is, what are we doing about Vizcaya, Mercy
Hospital, the archdiocese? I think those are the three.
Mr. Garcia: We'll get it done.
Mr. Wheeler: We'll get on it.
Commissioner Winton: Good. Thank you very much. I like that answer much better.
Mr. Wheeler: Again -- show the next slide, Francisco, please. I think we've made an effort with the post
office to try to be more responsive to our needs in the Grove and all over the City, to try to get out there
and either paint, allow us to paint, or get out there and remove the mailboxes throughout the City that are
in need of repair. I talked to the City Manager about this, and he may have to intervene somewhere with
someone in the Post Office Department within --
Vice Chairman Gort: Let me ask a question.
Mr. Wheeler: Yes, sir.
Vice Chairman Gort: Let me ask a question. You don't see any of this in many of the other cities within
Miami -Dade. Well, how do they do it? I mean, you don't see that in Coral Gables.
Commissioner Winton: I think we can get one of our Congress persons to help us out with the Post
Master General. I think they'll be paying a lot more attention to our City. So if we need to do that, let's
do that. And we've got several very friendly Congress persons in our district, and we'll be glad to help
with that. If you want that help from me, let me know, and we'll set up a couple of meetings.
Mr. Wheeler: I will. Yes, sir.
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Carlos Gimenez (City Manager): The answer is we probably haven't focused on it. We haven't, you
know, gotten on them, whereas in other cities, they focus on the little stuff like this, and it makes a big
difference. And that's something that we have to learn here.
Vice Chairman Gort: Yeah. The little things go through the big things. They create the bigger problems.
Commissioner Winton: Except bicycle bells.
Mr. Wheeler: Just go to the next line, Francisco. This is -- there was another graffiti problem, and this is
another -- other slides of other places in the Grove where we just don't have that problem. And we're
working on a contact list with some of the properties in the Grove for -- and active enforcement to make
sure that people keep their properties looking good. Again, this is Peacock Park, and as you can see, the
trash. And there was a problem in there. However, with the increased number of hours that we have put
into the trash pick up and the maintenance in there, we think we have a fairly good handle on trash and
litter in the Grove, especially in Peacock Park. Again, the sanitation, we've increased the hours. Go
ahead, next line. And again, some of the -- we've solved some of the problems. Some of the problems are
more long-range problems. They're going to require some policy decisions, and dollars. So that
concludes my presentation. And the other department Directors are here to answer any questions anyone
may have. And thank you.
Vice Chairman Gort: Thank you, sir.
Commissioner Sanchez: Keep up the good work, buddy.
Vice Chairman Gort: Yes, ma'am.
Elena Carpenter: Good afternoon. Elena Carpenter, 2980 McFarlane Road, Suite 204, Coconut Grove,
Florida, 33133. I must thank you and express my deepest appreciation for all the work that you've put in,
in creating this. It can't but assist us in creating more awareness as to the problems that we have been
experiencing in the Grove. And Commissioner Regalado was actually far better at explaining than I could
ever be right now. Also, there's a lot of progress that we have accomplished since the first day that I
grabbed Frank Rollason and walked him around the Grove, before we even appeared to -- in our first
appearance a few months ago. There's a few things that I must take advantage of the moment to express
my concerns over, over this, albeit wonderful report. When we first appeared here, we kind of had done
already a report. It's great to get another one. But now, I need to know where are we going to go from
here? My understanding had been that what we were expecting at this point would have been a plan and a
budget. So I guess we need to go to that step, as well. I have two other concerns from the report. One of
my pet peeves was the landscaping of the streets. And if we are going to recognize that Coconut Grove is
a desirable tourist destination, we do have to make it beautiful. And our planters look disgusting on their
better days. The recommendation in this report is that we go to the Grove Tree Man Trust and try to
negotiate a deal with them so that they will plant the plants and maintain them. I'm not sure that what I'm
looking to get from you, our Commissioners, is permission to delegate your responsibilities. And I didn't
really need your suggestion to go somewhere else to get it. I really do believe that this is a responsibility
of the City of Miami. And I would feel far more comfortable having you all say, "Don't go get your
money from a non-profit organization, but let us step up to the responsibility and do it ourselves." I'd love
to get somewhere with that item today. A lot of the photographs that they gave you as their solutions, as
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the proposed solutions for Coconut Grove's problems were photographs taken in Coral Gables. And in
Coral Gables, they go and they buy their own flowers, and they buy their own annuals, and they plant
them, and they change them, and they water them and they trim them. So I would hope that the City of
Miami would do the same for us. My last concern is that the last item on this report suggests that this
document could serve as a point of departure for a steering committee made up of the above-mentioned
departments, as well as representatives of other County agencies and area stakeholders. I am not sure that
a steering committee to maintain our City's infrastructure, and our City's streets, and our City's
landscaping is necessary, but rather, I would hope that that would be part of our daily -- just actions,
which is to take care of our City. So I would be scared of going through the bureaucratic route and saying
now we need a charette to determine what kind of flowers we're going to plant in a planter, or how to
remove graffiti. I'm scared of that steering committee. They do say that there's a need for a master plan.
That's a great concept. And we do have a Coconut Grove planning study, which was begun. Elizabeth
Plater-Zyberk worked it. And perhaps it would be a good idea to get somebody like Liz Plater-Zyberk to
oversee a master plan for Coconut Grove, so that we don't spend our lives trying to put out fires, but
rather see where our future is going to get us to in maybe redesigning our sidewalks, et cetera. At this
point, I can't but request from you to, please, where do we go from here? How can we get a plan and the
dollars that are necessary to accomplish some of those tasks that we have left? And I'd love to prioritize.
It's tourist season. Can we plant something on those planters, please?
Vice Chairman Gort: Thank you.
Ms. Carpenter: Thank you, sir.
Vice Chairman Gort: Next.
Ms. Carpenter: Do you mind talking over there?
Albio Castillo: OK. My name is Albio Castillo. I live in 2386. I'd like to know -- this question is very
funny.
Vice Chairman Gort: 2386, where?
Mr. Castillo: Southwest 1St Street.
Vice Chairman Gort: Thank you.
Mr. Castillo: You should know that by now.
Vice Chairman Gort: I know that. They don't.
Mr. Castillo: Twenty-nine years, they should. I'd like to ask this question: Why do you fine them and
you can't collect the money? Why do you fine. You know, it's taxpayers' money wasted there. You're
not going to collect them, so why do you fine them?
Vice Chairman Gort: Thank you, Albi. Yes, sir.
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Charles Cutler: In terms of the presentation that I just saw, I think it was a very good and perceptive idea
as far as the maintenance and the cleanup of the City and the overall outlook for the future, as far as
making it a mecca for tourism. However, I see that you've overlooked the west side of Coconut Grove.
There's a west side to Coconut Grove. There's also a west side to Overtown. And Liberty City is also in
the City of Miami. And I think that we need to make the same type of aggressive inroads in improving
those communities, as far as physical development, as far as cleanup, as far as making those areas a part of
this tourism industry that exists here in the Miami area. And I think that now, it's time for the
Commission and time for this overall community to start sharing the resources that are coming into these
communities and start investing some of the resources into the inner cities, to start rebuilding the inner
cities to make them a viable part, because from what I see here, the complaints that you have as far as the
graffiti and the type of work that is being done, that's nothing compared to what's actually going on in the
inner City. And just like the Commissioner was talking about the graffiti that's on the side of the wall,
that's a Picasso, compared to some of the work that's really needed to be done within the inner City. So I
think that we should, as a community, start working together and concentrating on the overall City of
Miami, and start concentrating more on the left out portion of the City of Miami, instead of continually
putting resources into specific areas. Thank you.
Vice Chairman Gort: Thank you, sir.
Commissioner Winton: What's your address?
Mr. Cutler: 654 Northwest 10`h Street. Charles Cutler.
Commissioner Winton: Well, I happen to be the Commissioner for the West Grove. And I can tell you
that maybe you need to go to the West Grove again, because I've spent more of my time, more of my
time, and probably more of the administration's time on working on a redevelopment plan in the West
Grove, with the folks who live there than any other thing I have done, including, by a long shot, Center
Grove, which I have virtually -- and they're going to be yelling at me about this -- have virtually ignored.
So from my viewpoint, I'm already doing that. We're doing a lot of work in the West Grove. And it's
very, very much a part of the entire Grove, and we're making some very substantial progress in that
community. And it is not, by any stretch of the imagination, being ignored.
Mr. Cutler: OK. The only point that I wanted to make is compared to Cocowalk and the West Grove; it's
just like day and night. Thank you.
Vice Chairman Gort: I'd like to -- One of the biggest problems that we have within the district in
Allapattah was the Farmers Market, a produce market. And the PST, which is the Problem Solving Team
working with the NET and working with the private sector, let me tell you, the -- I know we have certain
responsibility, but you'd be surprised how much responsibility is on the private sector, also. And the only
reason we were able to solve a lot of the problems is because we worked as a team, and we brought it
together. Now, what I'm saying also is, this is a pilot program that we have used in Coconut Grove. We
have used -- we have worked in some other areas. But this type of problem solving should be included in
all the neighborhoods. I agree with the statement made by the gentleman before. And one of the things
we're committed to do in order to improve the City is to bring all of the neighborhood to the same
standards. And we understand the economics in some of the business districts. And let's face it; some of
the business districts in one of our neighborhoods is not going to be a Cocowalk, because there's not a
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demand for a Cocowalk in some of the districts. But at least -- and this is our hope -- it's taking into
consideration into the Public Works the programs you're going to come up with, the improvement, the -- I
got a cold and it's really --
Commissioner Winton: Could I make two more points?
Vice Chairman Gort: Sure.
Commissioner Winton: One relates to --
Vice Chairman Gort: Can I finish?
Commissioner Winton: I'm sorry.
Vice Chairman Gort: Thank you. In the capital improvements that we need to make, one of the problems
that we've had in the past -- and we had this on 8th Street -- we come up with a beautiful plan, we come up
with the funding to do a beautiful project. And we did that in downtown on Flagler in the demonstration
block. But we did not put money for maintenance. And one of the things that I'm saying right now, part
of the progress that we really need to do, if we're going to do a project, let's make sure that we have the
funding, like she stated, that we can maintain it, because at first, it looked very good. But then after a year
or two, if it's not maintained, it gets deteriorated and it looks kind of bad. So I think it's very important.
And what you're looking for is -- I don't know if we make a motion here for anything specific. I'll let the
Commissioner in the district -- he's been working so hard at it -- to see if he wants to come up with a
motion.
Commissioner Winton: Well, I just wanted to understand. I think there's two separate component parts to
needs here. One is day-to-day maintenance, and taking care of things, including planters and that kind of
stuff. So I'd like to hear from you all, in terms of what you think we might be able to do in that regard.
Second part, though, is really, the master plan, because as you guys have said, Elena said, I mean
everybody, right, if we don't have a road map knowing where we're going, then every little component
piece of something we do won't fit in terms of the long haul. So I think that I need some guidance from
you all in terms of how we might go about getting -- There's two parts again. What are we going to do
about day-to-day? But the bigger issue here also is, what are we going to do, and how are we going to get
to this master planning process, so that every time we do a component part, it fits, in terms of a greater
whole, and at the end of some period of time, we've got something really great?
Mr. Gimenez: Commissioner, I'll speak about the day-to-day maintenance. The problem that we have in
the City is that we don't have enough people in the streets doing the day-to-day maintenance. We've cut a
number of employees. And one of the initiatives that is top on my list is to look at ways that we can put
more people in the street, and it's something that, as a matter of fact, we met on yesterday, and converting
some positions that are vacant, really not necessary, and converting them into doers, people that maintain,
you know, flowers, that cut grass, that, you know, do -- trim trees, et cetera, the things that, you know, that
make a City nice. We've cut a lot of those out over the years, and we need to put some of those people
back in the street. So, you know, I mean, I could sit here and tell you, yeah, it's going to happen. But you
know what? We really don't have all the people that we need in order to make it happen. And if you tell
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me that I've got to now start doing this, then I'm going to have to rob people, you know, from someplace
else. The only solution is actually getting more people in the street.
Ms. Carpenter: Are there not welfare to work programs that perhaps the City could avail themselves of
for planting and maintenance?
Mr. Gimenez: And we're looking at that, yes. We're looking at that, and there's -- but with those
programs, you have to hire some at the end. And again, we are looking to eliminate certain -- a large
number of vacant positions, and converting them over to what we call worker bees, people that actually
are in the street that will make a difference, you know, to you all, you know, versus making a difference to
us all, in an office somewhere. And it's going to take a little while. We have identified a number of these
positions, and it's just a matter of converting that and using those monies wisely by using some of those
welfare to work programs, so that you can really leverage those dollars and get the biggest bang out of the
buck. But that does not -- that's not going to happen tomorrow. It's going to take a little while for us to
do. In terms of the master planning, I'll let Ana Gelabert talk about that.
Vice Chairman Gort: I think the understanding of the master plan, and what are you going to do, and how
you can affect it, comply with, it's very important. Now, if you look at the -- what Reverend Dunn did in
going into Overtown on -- what is it? 14th Street? I think it's 14th Street or 11th Street.
Commissioner Teele: You mean Dr. Marvin Dunn.
Vice Chairman Gort: Dr. Marvin Dunn. Excuse me. Dr. Marvin Dunn did a beautiful project in there.
And at the same time, my understanding is -- and this is the thing we need to identify, but we need to work
with the County, with the City and everybody else. My understanding is there's places within the State
where there -- and there was a lady who used to come here, volunteer herself, where she could get plants
for us, and flowers and so on. I don't know if that is still in existence, but it's something we should look
into, and try to get also some of the schools or some of the people to adopt some of these things. We have
to be very creative in maximizing our resources.
Ana Gelabert-Sanchez (Director, Planning & Zoning): Regarding the master plan, like Elena said, it was
prepared. There is a comprehensive planning study for Coconut Grove, and it's quite specific. What it is,
it's broad, too. It goes from zoning regulations to preservation districts to a hierarchy of streets and street
improvements. And it goes from -- they divided the Grove pretty much in five sections, in the Grove, the
Center Grove, south, north. What I would like to do is be able to, together with NET and the community,
we would need to really look at -- extrapolate those streetscape improvements, and put a dollar value to
them, and be able to prioritize where are we going to start, because they all -- you know, the ones that
would be on streetscape improvement, you know, they did call for the pavers, for the trees, for -- certain
streets have different themes, and be able to come up with which ones do we start, and how much do they
cost, and then we would have to then produce the plans to be able to construct. So I would suggest that,
working through the NET and the community, to be able to come to you with that. What I would like to
say is also, the Department -- and that is part of some of the suggestions of this plan -- it was a landscape
ordinance, and we have worked on that. It's pretty much completed. The person in staff has been
working with someone from the Grove, just sharing what we've been doing. I know it was intended to be
only for the Grove, but we feel it should be a Citywide landscape ordinance that pretty much addresses
better and more requirements for landscape. And that is pretty much completed. We just want to take it
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through the NET to the community, and be able to bring it to you. There's other initiatives, as far as
zoning, parking, what we call tandem parking, which, again, was something that came as a suggestion of
this. On that one, we pretty much have the language ready, and we're planning to bring it to PAB
(Planning Advisory Board) for approval, and then to you. So there's certain things that already, the
Planning Department has taken, as a result. Those are the regulation portions. Now, the infrastructure and
the street is the one where we really have to prioritize and put a dollar value.
Commissioner Winton: But that's going to fit in terms of our overall capital
improvement --
Ms. Gelabert-Sanchez: Sure, exact -- and that's --
Commissioner Winton: -- needs assessment, anyhow.
Ms. Gelabert-Sanchez: Right, right. And --
Commissioner Winton: So that ought to -- that's got to be done as a part of that.
Ms. Gelabert-Sanchez: Exactly. It all falls to form. And then one more thing that I would like to
address, because I know it's an issue in the Grove has been the traffic calming devices, which I
know the Public Works Department has been working on that. They have done some on South
Grove, and I understand -- John Jackson told me that I think he received a few more requests for
the North Grove, and I think he's also about to start. So there have been some things done, follow
up, as far as the regulations are. But, yes, I am -- whatever improvements, we work together with
the -- what Mr. Rollason was talking about, on the CIP, on the 24th
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Mr. Chairman, you've been extremely patient. And I do think that, you know,
we've been on this item for about 40, 40 some minutes now. And it's an important issue. But, you know,
Mr. Cutler came up, and he spoke this afternoon, Charles Cutler. Thank you for coming back. We heard
this morning from Ms. Reyes. And we need to be very careful. I mean, some of this needs to be done in
workshops. Some of this needs to be done in memos, because, you know, we have one City out here, and
everybody watches this. And the picture that we're sending right now, as important as it is to Ms.
Carpenter and to others is really a very, very, very questionable picture. And I don't mean to be the
person -- the skunk at the picnic here. But, you know, sometimes, a "Thank you, and let's work out some
details," is much better than trying to explain why people don't have a road in front of their house, and
why people don't have a lot of the basic infrastructure. And I think, you know, one of the reasons that we
get this perception that there's two Miamis or three Miamis is, of course, the way we manage our time,
and the way we manage these issues. And so while I am 100 percent in support of what the Manager is
doing, I'm more interested in the plan for the other 13 neighborhoods that we do the same process,
because everybody who's watching this, who's looking at this in their neighborhood is saying, "Well,
nobody is really going block by block in my neighborhood." I know I hear it in every homeowner
association meeting. And I think we have the obligation and the responsibility of ensuring an equal justice
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and an equal access to government resources. So my only issue here -- and I think, you know, Dennis,
what you and Frank -- I'm sorry that you didn't invite me or Commissioner Winton for the walk through
the Grove. I'd love to be invited with Ms. Carpenter to take a walk through the Grove. I'm sure --
Ms. Carpenter: When would you like to do it, sir?
Commissioner Teele: Well, any time that's convenient. You know, we're all here jealous that you took
Frank. You got him in a lot of trouble by announcing that. Eyes are bucking. But the fact -- (laughter) --
but the fact of the matter is --
Ms. Carpenter: For the record, we did nothing but observe the infrastructure problems in Coconut Grove.
Commissioner Teele: Well, I'd be bitterly --
Mr. Rollason: Don't help me, don't help me.
Commissioner Teele: You did nothing but what?
Ms. Carpenter: But observe the infrastructure problems in Coconut Grove.
Commissioner Teele: Well, I'm going to let Frank explain that down the road. But the fact of the matter
is the Grove is unique and special. It is a resource. It's a very, very precious resource in our community.
But we cannot -- I cannot leave the meeting without sending the message to everybody in every other
neighborhood that happens to watch this meeting that we're going to make a commitment to go through
every neighborhood with the same diligence, and we're going to use the Grove as a standard. And I really
appreciate the fact that the Coconut -- Ms. Carpenter and others have come forth with this initiative,
because it is, I think, the next step. And I commend you for your diligence. And the squeaky wheel really
does get the grease. So thank you, Mr. Chairman.
Vice Chairman Gort: Commissioner, the one thing that I'd like to bring up which is very important, and I
bring it up in every meeting that I can with the different homeowner associations, and we have the
example very close, in downtown Miami. You might have the most beautiful place in the Grove, and
Brickell, and downtown, but if you don't take care of the adjacent neighborhood, sooner or later, that will
deteriorate the same. So this is very important. And I think we saw that happen with the Omni. When we
first opened up the Omni, it was a beautiful place -- excuse me -- everybody would go there from Miami
Beach, all over. And somehow, we allowed the neighborhood, the adjacent neighborhood to deteriorate,
and we saw what happened to the Omni. So that's why it's so important that we not only do it within this
business district, but the adjacent neighborhood, we have to take care of it, too. Thank you, ma'am.
Ms. Carpenter: Where do we go from here?
Commissioner Winton: Well, I guess I've got to --
Ms. Carpenter: Can I just like know that, so that I don't squeak for a while unless I have to? Where do
we go from here?
206 1/11/01
Vice Chairman Gort: No, you need to continue squeaking all the time, ma'am. I'm sorry. That's a
request that we're going to have from all of you.
Commissioner Teele: You need to keep squeaking.
Commissioner Winton: I didn't hear the question.
Commissioner Teele: Keep squeaking.
Vice Chairman Gort: How much she has to squeak. She's going to have to squeak every day.
Ms. Carpenter: Where do we go from here, Commissioner?
Commissioner Winton: We're going to -- I'm going to meet with staff, and apparently, we do have a
master plan already, so I'm going to meet with staff to understand what's in that master plan. We clearly
have to have a needs assessment done, associated with capital improvements that's going to go into the
overall needs assessment that we've talked about several times that the staff is working on at this day. So
I want to understand how that fits in. And then the short-term stuff is just going to be a function of the
Manager being able to get staff that can do some of these things on a day-to-day basis, and focusing on
existing resources that we already have in place to just do a little more. But as he said, in terms of short-
term solution, there is no magic wand that he's going to be able to wave. So I understand that.
Vice Chairman Gort: But I think you should look at some of the plants and some of the things. At the
Commodore Plaza, if you recall -- you were not here at that time -- there was a project that came in front
of us that we were going to go through the Commodore Plaza, and we were going to extend that to Grand
Avenue, because, let's face it. People that come into Coconut Grove from the south have to come through
Grand Avenue, also. So there was a plan where we were going to do 50 percent and the property owners
were going to do the other 50 percent. I don't know whatever happened to that. But that's some of the
things we need to look at. And that was before your time, so -- but I just -- food for thought. There's
plenty of studies. Believe me, there's plenty of studies, there's plenty of plans. What we need is the
source and the funding to carry them on. Thank you.
Commissioner Winton: Well, and by the way, we've got a plan for Grand Avenue, itself, that's in place,
five million dollars ($5,000,000). We know what we need. We know what the plan is. I met with the
Manager this week, and we discussed very specifically. He's going to help me understand where we can
go to get the resources to make that kind of thing work. And, you know, it's a County road, so we've got
some work to do with the County, and some other things, but that's the kind of support I'm getting. Those
are the kind of things that are going on. We're not just paying attention just to the Center Grove. But
there was a detailed presentation made. I think you're right, Commissioner Teele. The public isn't going
to understand that. And in that regard, I'd like to make one additional comment. We have two additional
neighborhood revitalization efforts going on, in addition to the West Grove project, and that's in Little
Haiti, as you know, and in Wynwood. And we're doing the same kind of -- literally, house -by -house,
block -by -block, needs assessment analysis in cleanup. So the only point to that is that the staff is working
on the same kinds of things in other neighborhoods. And I meet with them weekly on this stuff, so I'm
right up to date. Thank you.
207 1/11/01
Ms. Carpenter: Thank you very much.
Commissioner Winton: And Elena, if you want to come talk to me about this other stuff in my office,
please.
Ms. Carpenter: Yes, sir. Thank you.
208 1/11/01
Vice Chairman Gort: OK. We're now going to the pocket items. Commissioner Winton, do you have
any pocket items?
Commissioner Winton: This is a resolution of the City of Miami accepting a donation with an estimated
value of thirty thousand dollars ($30,000) for the Department of Parks and Recreation from the Ralston
Purina Company of goods and services. And -- well, this doesn't make any sense. I know what the deal
is but --
Terry Griffin (Assistant Director, Parks and Recreation): Commissioner.
Commissioner Winton: Well, the wording is a challenge.
Mr. Griffin: Yes.
Commissioner Winton: So I know what it is. It's from Ralston --
Mr. Griffin: We need to make a change to that.
Commissioner Winton: OK. It's from Ralston Purina for dog park?
Mr. Griffin: Yes. Two dog parks. I'd like to -- We need to make an amendment here on the floor.
Commissioner Regalado: I have a dog park in my district. Would you give me some money? The dogs
go there.
Commissioner Winton: Well, I think they've identified this one. We'll need to talk to them about getting
another dog park, huh?
Mr. Griffin: Yes, because the resolution will be changed to read a donation of approximately thirty
thousand from Purina for capital improvements. You know, the goods and services, that wording will be
deleted from it.
Commissioner Winton: Good.
Mr. Griffin: It'll be reworded. I needed to do that here on the floor.
Vice Chairman Gort: OK. There's a motion. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
209 1/11/01
The Commission (Collectively): Aye.
Mr. Griffin: Thank you.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 01-45
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
A DONATION, WITH AN ESTIMATED VALUE OF $30,000.00,
FROM RALSTON PURINA COMPANY FOR THE DEPARTMENT OF
PARKS AND RECREATION FOR CERTAIN CAPITAL
IMPROVEMENTS, AT NO COST TO THE CITY OF MIAMI, AT THE
SECTIONS OF BLANCHE AND DAVID T. KENNEDY PARKS
WHICH ARE DESIGNATED AS DOG PARKS; 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 Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
210 1/11/01
Vice Chairman Gort: Any other pocket item? Johnny, any other pocket item?
Commissioner Winton: No.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Mr. Chairman, I have an item. In lieu of coming forward with an emergency
ordinance, listening to the City staff, and Mr. Manager, as I think I shared with you over lunch today --
you and I didn't have lunch, but in my office, while everybody else was having lunch -- that I really do
think, you know, that this is the beginning of another year, and we're very blessed. You've got a very
good staff and a very good, professional staff. I think we're moving in the right direction. And I really do
listen very closely to your staff recommendation in the area of planning and zoning, and many other areas.
This is a resolution of the City of Miami directing the Manager to instruct all relevant departments and
agencies to immediately initiate processes and actions, including the preparation of legislation to amend
the City Code to establish a uniform parking lot standard and criteria for the enforcement of parking lots
for the areas located within the boundaries of the Omni redevelopment area and the Overtown/Park West
Redevelopment Districts. And this would create a uniform standard. I would so move, asking that the
Manager develop that standard.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Commissioner Teele: On discussion, Mr. Manager, Mr. Chairman, let me tell you what precipitated this.
Along Biscayne Boulevard and the Omni, as soon as you pass 395, you will find a parking lot that is under
construction that has no landscaping, has no nothing. It's right before you get to the Sears building. I'm
advised that the City issue this sort of as a construction on a temporary parking lot, which is sort of a one-
year deal. Well, we've had too many one-year deals in the City of Miami. If it's being done for the
Performing Arts Center, we all know that the construction line on that is three years. It'll probably be four
years. And it doesn't make sense to continue to "degradate" our own communities, especially in the
redevelopment area with government action. It's also a question as to whether or not we want to even
issue parking permits for entities that are not going to pay the parking surcharge, whether they be the City,
the County, or Fast Park, Slow Park, Quick Park, or whomever. So, I mean, I think we need one standard.
One of the other things that came out, Commissioner Winton is that we go to this MSEA (Miami Sports
and Exhibition Authority), we go to the Miami Arena all the time. We have board meetings there. We
park. We walk through a god -awful parking lot. That parking lot is another one of these one-year
immediate solutions. And it's a City issue. Commissioner Regalado has a memo from the Manager in
which it reveals that MSEA turned back to the County last year three point six million dollars ($3.6
million), money, some of which could have been used to build a state-of-the-art parking lot that could
have been an enhancement for that neighborhood. It's a part of the amenities that go with that facility, and
211 1/11/01
it's an eligible CDT use. The point is -- and then we've got these illegal parking lots all over the
Overtown/Park West area that were given by, you know, Mayors 20 years ago, and Commissioners and all
of that. We need to stop that. We need to develop one standard. The standard that I'm urging the
Commission to do, or the staff to do is to eliminate, first of all, all of these hurricane fence lots anywhere
within the redevelopment area. They don't enhance property values. And let us begin. The worst parking
lot in the entire City in this area, or the worst piece of property in the entire area is not in the
redevelopment area, but it's directly in front of the old arena -- I mean the new arena, directly in front of
the Weaver Parking lot, which, again, is City -owned property. And I would urge the management to look
at that. But I do think, you know, we keep being accused of dual standards. We want to shut down one
person, but on the other hand, we want to give other people a second look or sort of a closed eye, one -eye
wink. We need to develop a single standard, particularly in the redevelopment area. And that's why my
goal is. And so that's why this is being asked of the Manager to develop, and I would so move.
Vice Chairman Gort: OK. It's been moved and seconded. Any discussion?
Commissioner Teele: On this item?
Seth Sklarey: May I just say one thing? There are some rules on the books that aren't enforced currently
in regard to parking lots.
Vice Chairman Gort: And you are?
Mr. Sklarey: Oh, my name is Seth Sklarey (unintelligible). One of them relates to that parking lots
should be paved, and there's a lot of unpaved parking lots in the City. Number two is the lighting
requirement in these parking places. And number three, that several years ago, when cars started to
become smaller and smaller, when there was a gas crisis, they allowed very small parking spaces. I own
pickup trucks. I can't get into half these parking spaces. And, you know, all that --
Commissioner Winton: I take two.
Mr. Sklarey: Yeah. It's just impossible. So think about that as you're doing this ordinance, and start
enforcing what you have on the books for the existing parking lots. And, you know, quit giving these
sweetheart deals to these people and then ignoring, you know, what's there. That's all.
Vice Chairman Gort: Thank you, sir.
Commissioner Teele:
I'm in full agreement.
Vice Chairman Gort:
Thank you.
Commissioner Teele:
Thank you, Mr. Chairman.
Vice Chairman Gort:
Any further discussion?
Commissioner Winton: Call the question.
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Vice Chairman Gort: Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-46
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO INSTRUCT ALL RELEVANT CITY
DEPARTMENTS AND AGENCIES TO IMMEDIATELY INITIATE
ALL PROCESSES AND ACTIONS, INCLUDING PREPARATION OF
LEGISLATION TO AMEND THE CITY CODE, TO ESTABLISH
UNIFORM PARKING LOT STANDARDS AND CRITERIA AND
PROVIDE FOR ENFORCEMENT THEREOF FOR THE AREAS
LOCATED WITHIN THE BOUNDARIES OF THE OMNI AND
OVERTOWN/PARK WEST REDEVELOPMENT DISTRICTS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
213 1/11/01
Commissioner Teele: Mr. Chairman, the other pocket item of such is this: We have a workshop
scheduled for January the 27th -- is that right? The week -- the Saturday before Super Bowl -- is that
right?
Carlos Gimenez (City Manager): Yes, sir.
Commissioner Teele: Well, I hope we can look at that item again, maybe. But at some point -- And this
is to my colleagues on the Commission. We need to look closely at the manner in which the Commission
honors citizens. And this is a very sensitive issue. I have deferred for 30 days before I bring it up. I'm
going to ask the City Attorney to begin to research the issue, so that the Commission can provide
commendations and sense of the Commission that do not require the signature of the Mayor. I was
privileged to serve as the Chairman of the Commission, the de facto Mayor of Dade County for five years.
And I can tell you, the manner in which this Mayor is allowing or not allowing for commendations, for
proclamations to be awarded, while it's not only an insult to the citizens, it really doesn't present a good
image of the City. I believe that this Commission, as any legislative body, as any legislator has the
authority to create resolutions that do not require the Mayor's signature. I have instructed my staff to clear
with me what should otherwise be a staff -to -staff process, and I do believe that we've reached the point --
at least I've reached the point where I'm prepared to move forward with legislation that creates a standard
of resolutions, proclamations, et cetera, that may or may not require the Mayor's signature. In that regard,
obviously, if it's not going to be forthcoming -- And I'm not going to be told by anybody's staff person
that I can't get a proclamation. I mean, that's just somebody way out of line, smoking dope, having
delusions of grandeur or popping pills or something. But I'm not going to subject the people that I
represent to that. Similarly, this issue of the sergeant at arms and the executive security for the Mayor
needs to be clarified. And Mr. Manager, at the next Commission meeting, I would like to have a
discussion item that includes job descriptions and budgeting and finance for the sergeant at arms that is the
legislative officer of this Commission, and how it's going to be structured, and how it's going to be
properly managed versus the executive security for the Office of the Mayor. And for the record, I fully
support the Office of the Mayor having executive security commensurate with what he is currently having.
But I think we're going to have to have some boundaries to this. We are not going to have sergeant at
arms or executive assistants to the Mayor initiating petition drives, collecting petitions, fund-raising and
those kinds of things, either as sergeant at arms or otherwise. So what I'm asking the City Attorney and
the Mayor to do is to begin to come up with codes of standards for -- and the Manager -- codes of
standards for the sergeant at arms versus the executive security for the Mayor, job descriptions, et cetera.
One of the problems with this community is that we don't take things seriously until there is a crisis. No
Mayor, no executive official, neither does the President of the United States have a sergeant at arms. A
sergeant at arms is a legislative officer. And to have a, quote, "sergeant at arms" walking around -- or
someone who thinks they're the sergeant at arms -- with the Mayor is a part of what's wrong with this
community. It is just not something that happens in America. Sergeant at arms are functions of a
214 01/11/01
legislative body. And the Mayor is entitled to all of the executive security. You see, the problem was
when the Mayor was a member of a legislative body, as it was before the change in government. You had
a sergeant at arms, because the Mayor was a legislator. When the Mayor no longer became a legislator,
that title left and personnel should have changed job descriptions, PD's, et cetera, et cetera, et cetera. So
we need to have this out. We need to clarify it, and we need to resolve it before we get into a campaign
season, because the last thing that I'm going to sit here and do is have people carrying out campaign
functions as officers of a legislative body. So that's sort of my pocket item between the Manager and the
Attorney, that I'm requesting those two items be looked at very closely and a report to come back in the
next meeting, please.
Vice Chairman Gort: But let me tell you one of the things I did, although when I requested a proclamation
or something like that, most of the time, I got it pretty much on time. But I checked with the City
Attorney, and then I created my own, as a City Commissioner, my own proclamation, sort of, to give out.
And I checked with the Attorneys two years ago.
Commissioner Teele: It shouldn't work that way.
Vice Chairman Gort: I know. Well, now -- and I've called the Finance Department, because we received
a memo from the Mayor's office where from now on, we have to draft our own proclamations and we
have to send the draft ourselves. My question was: Do we have a budget within our office to have
someone to be able to do this, or are you, as an Administrator going to have someone that will do this for
the Commission? I don't know if you're aware of this memo that we received from the Chief of Staff of
the Mayor.
Commissioner Teele: Who is it addressed to? Who is the memo addressed to?
Vice Chairman Gort: Commissioner Gort, Commissioner Regalado, Commissioner Sanchez,
Commissioner Teele and Commissioner Winton.
Commissioner Teele: Well, let me tell you something.
Vice Chairman Gort: It's an E-mail.
Commissioner Teele: Let me tell you something, Willy. No City staff person should be sending memos
instructing you, as the Chairman of this Commission or Commissioner that's elected to do a damn thing.
And I mean, I think by accepting a memo like that, you cheapen the office of the Chair and the elected
position that we all hold. And, you know, somebody needs to get a rule book and go up there and read it
to -- the difference between elected officials and appointed officials.
Vice Chairman Gort: That's why I'm glad you brought this up, because I was going to send a memo. I
asked the Finance Department if there was going to be a budget for that, since according to that
instruction, we're supposed to create our own draft and send it up. Are we going to have the funding to do
that or the personnel to do that? Number one.
Commissioner Regalado: But Mr. Chairman.
215 01/11/01
Vice Chairman Gort: Yes.
Commissioner Teele: But see, Mr. Chairman, you shouldn't ask the Finance Department.
Commissioner Regalado: No, no.
Commissioner Teele: If somebody is telling you, you've got to be responsible, if somebody who makes
ten times the amount of money you make is gong to tell you that you need to start writing up
proclamations, like this is your full-time job, or cause that to be done, you know, the thing we need to be
talking about is, how do we go ahead and make a budget amendment right here and now --
Commissioner Regalado: Well, I was going to mention that. It's very easy. We take away the Office of
Protocol from the Mayor. After all, I mean, every time that I request something, they don't give it to me.
But that's a personal thing between him and I.
Commissioner Teele: It's not personal.
Commissioner Regalado: Yes, it is.
Commissioner Teele: It is not personal.
Commissioner Regalado: It is.
Commissioner Teele: I don't agree.
Commissioner Regalado: Because this guy takes things personally.
Commissioner Teele: Tomas, but let me tell you something.
Commissioner Regalado: And he's very rude.
Commissioner Teele: It's personal because you let it be. But if you --
Commissioner Regalado: No, no.
Commissioner Teele: No, no, no. You represent the constituents. The constituents that you represent are
just as entitled to have keys to the City, they're just as entitled to have proclamations, they're just as
entitled to have the kind of honor and respect as people flying in here from Venezuela or people coming in
from New York City. And it is not -- it should never be personal. Your constituents -- My constituents
are entitled to have a certain number -- about one fifth or one sixth -- of the proclamations in this City.
And you shouldn't have to go "kiss fanny" to get a simple proclamation. That's just not what government
is supposed to be about. And there's a way around that. We can authorize a key to the City to be issued
by the discretion of the Commission. I mean, obviously, that's not the way I would rather see it be done.
But if we're going to -- if everybody is having this problem -- I thought I was the only guy having the
problem.
216 01/11/01
Commissioner Regalado: No, no, everybody. I mean, it's -- but it's very easy. The Office of Protocol
has how much? Sixty thousand dollars ($60,000), Mr. Manager?
Mr. Gimenez: I don't know, sir. I would have to check with the Budget Department on that.
Commissioner Regalado: OK. Could you place on the agenda this item in order to amend the budget and
transfer the funds from the Mayor's office to your office, and then we'll get the proclamations, hopefully
from you, and the keys, using your personnel that you would hire with the money that the Mayor is --
Actually, this Commission approved that budget, and the only one doing proclamations, and keys and
parties is the Mayor. So for that matter, he could use his budget. So we are going to take away the
Protocol Office budget and bring it to your office, so we can all get the fair share. That's all. Could you
place it on the agenda, please, for the next meeting?
Mr. Gimenez: If that's your direction, sir, I'll put it on the agenda.
Commissioner Regalado: Thank you.
Commissioner Teele: Coupled with the organization chart, as well. The budget and the organization chart
for the Office of Protocol.
Mr. Gimenez: To be in the Office of the City Manager?
Commissioner Teele: To be under or report directly to the Office of the City Manager, yes, sir.
Mr. Gimenez: Yes, sir.
217 01/11/01
Vice Chairman Gort: Any other pocket items?
Commissioner Regalado: Yes. I have two.
Vice Chairman Gort: Yes.
Commissioner Regalado: One has to do with what we discussed, and I think -- before. And it's a motion
directing the City Manager to prepare a uniform policy related to the City of Miami's role in sponsoring or
co -sponsoring events and parades, and to present the policy before the City Commission for approval in a
period not to exceed 60 days. This policy should include the direction that prevents the City of Miami
from sponsoring or co -sponsoring any parade that is organized by a private for-profit entity. That would
be my motion. Hello?
Commissioner Winton: Read that one more time, please.
Commissioner Regalado: OK. This is a motion directing the City Manager to prepare a uniform policy
related to the City of Miami's role in sponsoring or co -sponsoring events and parades, and to present the
policy before the Miami City Manager for approval in a period not to exceed 60 days. Furthermore, this
policy should include a direction that prevents the City of Miami from sponsoring or co -sponsoring any
parade that is organized by a private for-profit entity. That would be my motion.
Commissioner Winton: Second.
Vice Chairman Gort: Motion and a second. Any further discussion? I think part of the criteria that
should be looked at is there are certain -- there are some parades or some events that we have been
sponsoring for a long time that have been a credibility. And the one thing that I'd like to say, maybe if it
is a profit corporation, maybe we could look at the weight that it would benefit the City of Miami, like we
did with Calle Ocho. I mean, we sponsored the Kiwanis of Little Havana, Calle Ocho for three years, and
then they became self-sufficient and they're great right now. So --
Commissioner Winton: But aren't they a not-for-profit?
Commissioner Regalado: They are a not-for-profit.
Vice Chairman Gort: They are not-for-profit. But there are for -profits. You have the Grand Prix that
took place in here. The Grand Prix would never have taken place in downtown Miami if it hadn't been for
the help of Miami, and that brought a lot of publicity to the City of Miami. So part of the -- I just want
you to look at part of the criteria, for profit for one or two years, if it means it's a meaningful program for
the City of Miami. OK? Do you mind if we amend that?
218 1/11/01
Commissioner Regalado: No.
Vice Chairman Gort: OK.
Commissioner Regalado: No, no. I do mind.
Vice Chairman Gort: You do mind. OK. You don't want to look at that.
Commissioner Regalado: No.
Vice Chairman Gort: OK. All right. Any further discussion? All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 01-47
A MOTION DIRECTING THE CITY MANAGER TO PREPARE A
UNIFORM POLICY REGARDING THE CITY OF MIAMI'S ROLE IN
SPONSORING OR CO -SPONSORING EVENTS AND PARADES;
FURTHER STIPULATING THAT SAID POLICY SHOULD CONTAIN
A PROVISION THAT PREVENTS THE CITY OF MIAMI FROM
SPONSORING OR CO -SPONSORING ANY PARADE THAT IS
ORGANIZED BY A PRIVATE FOR-PROFIT ENTITY; AND
FURTHER DIRECTING THE MANAGER TO BRING SAID POLICY
BACK FOR COMMISSION CONSIDERATION AND POSSIBLE
APPROVAL WITHIN THE NEXT SIXTY (60) DAYS.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
219 1/11/01
Commissioner Regalado: The other pocket item is the celebrity boxing event to be held on March 10,
2001.
(LAUGHTER)
Commissioner Regalado: Sponsored by Cystic Fibrosis Foundation and Telemundo Network, in order to
raise funds for the Cystic Fibrosis Foundation. This is a waiver of rental fees for the Coconut Grove
Convention Center. The organizers will pay employees and all other charges and permits.
Vice Chairman Gort: My understanding is this is a nationally televised program that will give a lot of
publicity for the City of Miami for a full day.
Commissioner Regalado: Yes.
Vice Chairman Gort: Which publicity could be valued to millions of dollars. What's the charge of the
fee?
Commissioner Regalado: I don't know. I don't remember.
Unidentified Speaker: Terry remembers.
Frank Rollason (Assistant City Manager): Terry?
(INAUDIBLE COMMENT)
Mr. Rollason: Two thousand dollars ($2,000) for non-profit.
Vice Chairman Gort: We're talking of sponsorship from the City of Miami, two thousand dollars
($2,000), to get, in return, coverage in the nationwide television. OK. Any further -- was there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Second. Any further discussion? All in favor state it by saying "aye."
The Commission (Collectively): Aye.
220 1/11/01
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 01-48
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO WAIVE RENTAL FEE OF THE COCONUT GROVE
CONVENTION CENTER IN AN AMOUNT NOT TO EXCEED $2,000
FOR CELEBRITY BOXING EVENT ON MARCH 10, 2001, WHICH
EVENT IS TO BE INTERNATIONALLY TELEVISED BY
TELEMUNDO NETWORKS TO BENEFIT THE CYSTIC FIBROSIS
FOUNDATION.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
221 1/11/01
Vice Chairman Gort: Any other pocket items?
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: There was never a vote. I want to make sure, because I know this is going to play
back, and I want to make sure that this doesn't get lost in the discussion. I would like to formally move
that the Manager present at the next meeting the budget, a revised budget and reorganization for the Office
Vice Chairman Gort: We voted on it.
Commissioner Teele: No, we did not vote.
Commissioner Regalado: No, we did not vote.
Vice Chairman Gort: No? OK. Sorry.
Commissioner Teele: -- for the Office of Protocol --
Commissioner Regalado: No, we did not vote.
Commissioner Teele: -- relating to the matters that have been discussed, including an appropriations
amendment as appropriate to effectuate the budget reconciliation. I would so move.
Commissioner Regalado: Second.
Vice Chairman Gort: OK. It's been moved and seconded. Discussion. Being none, all in favor, state it
by saying "aye."
The Commission (Collectively): Aye.
222 1/11/01
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 01-49
A MOTION DIRECTING THE CITY MANAGER TO PREPARE ALL
NECESSARY DOCUMENTS, INCLUDING A PROPOSED BUDGET
AMENDMENT AND RE -ORGANIZATIONAL CHART, TO
TRANSFER THE OFFICE OF PROTOCOL FROM THE MAYOR'S
OFFICE TO THE CITY MANAGER'S OFFICE; FURTHER
DIRECTING THE CITY MANAGER TO BRING THIS ISSUE BACK
FOR COMMISSION CONSIDERATION, REVIEW AND APPROVAL
AT THE NEXT COMMISSION MEETING.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
Commissioner Teele: And at the same time, I would move that the Manager bring forth the job
descriptions, a budget and a full detail and recommendations for duties and responsibilities of the sergeant
at arms versus the executive staff -- executive security for the Mayor, fully funding the executive security
for the Mayor at the level that the Mayor desires it to be compensated, to be funded.
Carlos Gimenez (City Manager): Can I clarify something, sir?
Commissioner Teele: Yeah.
Mr. Gimenez: Are you also asking for a sergeant at arms position for the --
Commissioner Teele: Absolutely, absolutely.
Mr. Gimenez: Yes, sir.
Vice Chairman Gort: You've seen many times that we need to call order out there in the other meetings.
We don't have anybody here to do so. The County has that all the time, where the police officers are the
ones that take care of the order.
Commissioner Teele: The County has three.
223 1/11/01
Mr. Gimenez: Are you asking for one individual, sir?
Commissioner Teele: I'm asking for your recommendation coming forward.
Mr. Gimenez: Yes, sir.
Vice Chairman Gort: OK. Any other pocket items? I have three if you guys don't mind.
Commissioner Teele: On the motion, I would call for the vote on that item.
Vice Chairman Gort: Oh, I'm sorry. Sorry about that. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 01-50
A MOTION DIRECTING THE CITY MANAGER TO BRING BACK
AT THE NEXT REGULARLY SCHEDULED COMMISSION
MEETING (JANUARY 25, 2001) A RECOMMENDATION
CONCERNING A SERGEANT AT ARMS POSITION FOR OUR
LEGISLATIVE BODY AND EXECUTIVE SECURITY
CLASSIFICATION FOR THE MAYOR, INCLUDING FULL DETAILS
CONCERNING DUTIES AND RESPONSIBILITIES FOR BOTH
POSITIONS, ALONG WITH APPROPRIATE BUDGET
ALLOCATIONS FOR SAME; FURTHER DIRECTING THE
MANAGER TO PROVIDE FUNDING FOR THE MAYOR'S
EXECUTIVE SECURITY POSITION AT A LEVEL THAT THE
MAYOR DEEMS APPROPRIATE FOR SAID POSITION.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
224 1/11/01
Vice Chairman Gort: Don't go, guys. I have three. I have an emergency ordinance of the City of Miami
Commission amending Ordinance No. 11869, adopted December 14, 1999, which established initial
resources and appropriations for the special revenue fund entitled Stop Active Vandalism, where we get a
grant of two hundred and thirty-nine thousand, five twenty. And the grant is from Miami -Dade County of
a hundred and seventy-nine, six forty. And the contribution from the City is 25 percent, fifty-nine
thousand, eight eighty.
Commissioner Winton: Second.
Vice Chairman Gort: You all have a copy of this.
Commissioner Teele: Moved by Commissioner Gort. Seconded by Commissioner Winton. Is there
discussion? Mr. Clerk, call the roll.
Alejandro Vilarello (City Attorney): It's an emergency ordinance of the Miami City Commission.
Note for the Record: The City Attorney read the pending ordinance into the public record by title only.
Vice Chairman Gort: Roll call.
225 1/11/01
An Ordinance entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 11869, ADOPTED
DECEMBER 14, 1999, WHICH ESTABLISHED INITIAL RESOURCES
AND APPROPRIATIONS FOR A SPECIAL REVENUE FUND
ENTITLED: "STOP ACTIVE VANDALISM EVERYWHERE (`SAVE')
GRANT," THEREBY INCREASING SAID APPROPRIATION IN THE
AMOUNT OF $239,520, CONSISTING OF A GRANT FROM MIAMI-
DADE COUNTY IN THE AMOUNT OF $179,640 AND THE
PROVISION OF REQUIRED MATCHING FUNDS FROM THE CITY
OF MIAMI IN THE AMOUNT OF $59,880, WHICH IS 25% OF THE
TOTAL OF ALL COSTS FOR THE OPERATION OF THE PROGRAM;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR ACCEPTANCE OF THE GRANT, AND
EXPEND MONIES FROM THIS FUND FOR NECESSARY
EXPENSES TO CONTINUE THE OPERATION OF THE PROGRAM;
ALLOCATING THE REQUIRED MATCHING FUNDS IN THE
AMOUNT OF $59,880 FROM THE LAW ENFORCEMENT TRUST
FUND, PROJECT NO. 690001, SUCH EXPENDITURE HAVING
BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING
WITH SECTION 932.7055, FLORIDA STATUTES (2000);
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
226 1/11/01
was introduced by Vice Chairman Gort, and seconded by Commissioner Winton, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
Whereupon, the Commission, on motion of Vice Chairman Gort, and seconded by Commissioner Winton,
adopted said ordinance by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12017.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Commissioner Teele: The item passes unanimously, Commissioner Gort.
227 1/11/01
Commissioner Teele: Additional items?
Vice Chairman Gort: I have another resolution. As you all recall, one of the night schools within the
school system, the trade schools supplies a lot of the education for our neighborhoods and one of the
legislations that is up in Tallahassee is trying to take this funding away from the school system and give it
all to the Miami -Dade. Although I am an alumni of Miami -Dade, I believe they don't have as many
facilities as the school system does through the County to really provide the service. So I'd like to pass a
resolution of the Miami City Commission strongly opposing any proposed legislation to assign the sole
control of the delivery of the post -secondary workforce education programs to the state Community
College System, and further urging the Florida legislature to maintain the current dual delivery system by
continuing appropriations for the adult and post -secondary vocational programs to be conducted by the
Miami -Dade County Public School System.
Commissioner Teele: Is there a second? Is there a second? Second by Commissioner Regalado. Is there
objection? All those in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Teele: All opposed, say "no."
228 1/11/01
The following resolution was introduced by Vice Chairman Gort, who moved for its adoption:
RESOLUTION NO. 0 1 -51
A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY
OPPOSING ANY PROPOSED LEGISLATION TO ASSIGN THE SOLE
CONTROL OF THE DELIVERY OF POSTSECONDARY
WORKFORCE EDUCATION PROGRAMS TO THE STATE
COMMUNITY COLLEGE SYSTEM; AND FURTHER URGING THE
FLORIDA LEGISLATURE TO MAINTAIN THE CURRENT DUAL
DELIVERY SYSTEM BY CONTINUING APPROPRIATIONS FOR
ADULT AND POST -SECONDARY VOCATIONAL PROGRAMS TO
BE CONDUCTED BY THE MAIMI-DADE COUNTY PUBLIC
SCHOOL SYSTEM; AND DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THE HEREIN RESOLUTION TO THE
OFFICIALS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
229 1/11/01
Vice Chairman Gort: The last resolution, you have a copy. One of the things we have, a lot of the
children being missing. This is a program which is the -- a resolution of the Miami City Commission
endorsing the concept of the Amber Alert, which is a program that's being established by the police
throughout the nation, where if any one kid is missing, they all work with the public TVs and radios to
make the public aware, and try to find these children as soon as possible.
Commissioner Teele: Moved. Is there a second?
Commissioner Winton: Second.
Commissioner Teele: Second. Is there objection? All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Teele: All opposed, say "no." Mr. Chairman.
Vice Chairman Gort: Thank you. And that takes care of my business.
230 1/11/01
The following resolution was introduced by Vice Chairman Gort, who moved for its adoption:
RESOLUTION NO. 01-52
A RESOLUTION OF THE MIAMI CITY COMMISSION ENDORSING
THE CONCEPT OF THE "AMBER ALERT" PROGRAM WHICH
REQUIRES TIMELY PUBLIC NOTICE OF CHILD ABDUCTIONS
AND ENCOURAGING THE LAW ENFORCEMENT AGENCIES OF
MIAMI-DADE COUNTY AND ALL ITS INCORPORATED
MUNICIPALITIES TO REVIEW THE PROGRAM AND OTHER
SIMILAR PROGRAMS FOR POTENTIAL IMPLEMENTATION;
FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY
OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
231 1/11/01
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: With your permission, Mr. Manager, while Chief Martinez is here, let me just say
one thing. There have been reports in the paper about the minor crime issue and incident. Just one
minute, Tomas.
Carlos Gimenez (City Manager): I'm sorry, sir.
Commissioner Teele: No, no, no. There have been reports about the minor crime arrest, the gentleman
who was arrested on a bicycle for a bell. I've had the occasion to meet with the City Attorney and counsel
to the Police Department, and the Police Chief, and I am thoroughly satisfied that the police understand
the public concern, and quite frankly, the public outrage about that particular incident. I want to establish
on the record that the minor crimes program has not yet gone into implementation. It's not scheduled for
implementation for at least another 20 or 30 days; is that correct, Mr. Manager?
Mr. Gimenez: Yes, sir. It's -- that's absolutely correct.
Commissioner Teele: And my only concern, I would like to say that as a district Commissioner, I deeply
regret the incident that the gentleman was arrested and held overnight, and I want to offer my regrets to
the public on that matter. I've asked that the Police Department review it, and at an appropriate time, the
Police Chief issue a statement or the Manager issue a statement that's consistent with whatever your
thinking is, after a thorough review. But I did want to assure both my colleagues and the public that Chief
Martinez has responded extremely forthright and professionally to the questions that I've asked of him.
And I don't think it does any real public service to rehash it at this point, but I do think that some public
explanation should be forthcoming in the very near future, Mr. Manager.
Mr. Gimenez: Yes, sir.
Commissioner Teele: Thank you, Chief.
Vice Chairman Gort: Thank you.
232 1/11/01
Vice Chairman Gort: We'll now recess the hearing and go to PZ -1.
Note for the Record: AT THIS POINT, THE CITY COMMISSION CLOSED CONSIDERATION OF
THE REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE PLANNING
AND ZONING PORTION OF THE AGENDA.
Vice Chairman Gort: I understand we finally came up with a resolution that can be passed by this
Committee.
Lucia Dougherty: Mr. Chairman.
Vice Chairman Gort: Yes.
Ms. Dougherty: On behalf of my clients, we have agreed with the City Attorney and with the other side to
have you rescind your --
Vice Chairman Gort: Could you identify yourself, please?
Ms. Dougherty: Oh. Lucia Dougherty, 1221 Brickell Avenue.
Vice Chairman Gort: Thank you.
Ms. Dougherty: -- to have you reconsider your former motion and set this down for a hearing on the
January 25th agenda. We do that even though this has financial implications to not only one client, but
both clients. We do that based on the fact that I am assured by the-- Jeff Bass and John Shubin that the
reason for this continuance and the reason for the expert Witness is not for the purpose of challenging our
plans, but instead to study them, to see if other changes can be made that we could accommodate and
make it a more successful project. And based on their representations, I would agree to this, and my
clients do agree.
Vice Chairman Gort: OK. So what is the motion?
Joel Maxwell (Assistant City Attorney): This would be a motion to reconsider Resolution Number 00-
1137, which was adopted on December the 14th, 2000 for a major use special permit for the One Miami
Proj ect.
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second the motion.
233 1/11/01
Vice Chairman Gort: Moved and seconded. Any further discussion?
Mr. Maxwell: Yeah. And scheduling it for January the 25th
Vice Chairman Gort: January 25th. Any further discussion? Being none, all in favor, state it by saying
" 99
aye
The Commission (Collectively): Aye.
Ms. Dougherty: Thank you very much.
The following motion was introduced by Commissioner Winton, who moved for its adoption:
MOTION NO. 01-53
A MOTION TO RECONSIDER PRIOR VOTE TAKEN ON
RESOLUTION 00-1137, WHICH HAD PASSED ON DECEMBER 14,
2000, RELATED TO MODIFICATION TO A MAJOR USE SPECIAL
PERMIT FOR THE ONE MIAMI PROJECT LOCATED AT 205
BISCAYNE BOULEVARD; FURTHER SCHEDULING
CONSIDERATION OF SAID ISSUE AT THE JANUARY 25, 2001
COMMISSION MEETING.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
Vice Chairman Gort: do I have a motion to adjourn?
Commissioner Winton: So move.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: Thank you. You all have a good day.
234 1/11/01
The following motion was introduced by Commissioner Winton, who moved for its adoption:
MOTION NO. 01-54
A MOTION TO ADJOURN TODAY'S COMMISSION MEETING.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
There being no further business to come before the City Commission, the meeting was adjourned at 7:46
p.m.
ATTEST:
WALTER J. FOEMAN
City Clerk
SYLVIA LOWMAN
Assistant City Clerk
WIFREDO GORT,
Vice Chairman
(SEAL)
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