HomeMy WebLinkAboutCC 2000-01-13 MinutesOF MEETING HELD ON JANUARY 13, 2000
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
INDEX
MINUTES OF COMMISSION MEETING
January 13, 2000
ITEM NO. SUBJECT LEGISLATION
1 PRESENTATIONS AND PROCLAMATIONS. 1/13/00
DISCUSSION
1-2
2 Consent Agenda. 1/13/00
DISCUSSION
2-3
2.1 ACCEPT BID OF INTER -AMERICAN PROTECTIVE 1/13/00
SERVICES, FOR SECURITY GUARD SERVICES R-00-01
CITYWIDE ($130,000), ALLOCATE FUNDS FROM 4
VARIOUS USER DEPARTMENT BUDGETS.
2.2. ACCEPT BID OF JOE BLAIR GARDEN SUPPLY, FOR 1/13/00
RIDING MOWERS AND POWER EDGERS, FOR THE R-00-02
DEPARTMENT OF GENERAL SERVICES 4
ADMINISTRATION TO BE UTILIZED BY THE
DEPARTMENTS OF PUBLIC WORKS AND PARKS AND
RECREATION, ($24,406), ALLOCATE FUNDS FROM
CAPITAL IMPROVEMENT PROJECT.
2.3 ACCEPT BID OF AERO PRODUCTS CORPORATION, 1/13/00
D/B/A AMERICAN LA FRANCE, FOR CERVICAL R-00-03
COLLARS, FOR DEPARTMENT OF FIRE -RESCUE, 5
($31,700); ALLOCATE FUNDS.
2.4 ACCEPT BID OF BEST'S MAINTENANCE Si 1/13/00
JANITORIAL SERVICE, TO PROVIDE EVENTS R-00-04
MAINTENANCE SERVICES AT THE COCONUT 5
GROVE CONVENTION CENTER FOR THE
DEPARTMENT OF CONFERENCES, CONVENTIONS &
PUBLIC FACILITIES ($80,000), ALLOCATE FUNDS
FROM 1999-2000 COCONUT GROVE CONVENTION
CENTER DIVISION OF BUDGET.
2.5 APPROVE PROCUREMENT OF COFFEE SERVICES, 1/13/00
FROM PERFECT CHOICE S. COFFEE SERVICE, INC., R-00-05
AWARDED UNDER EXISTING MIAMI-DADE 6
COUNTY CONTRACT, FOR THE DEPARTMENT OF
PURCHASING, TO BE . UTILIZED CITYWIDE;
ALLOCATING FUNDS FROM VARIOUS USER
DEPARTMENTS.
2.6 AUTHORIZE ACQUISITION, DELIVERY AND 1/13/00
INSTALLATION OF MOBILE VEHICLE LIFT SET R-00-06
FROM STERTIL-KONI, USA, FOR DEPARTMENT OF 6
GENERAL SERVICES ADMINISTRATION, HEAVY
FLEET MANAGEMENT DIVISION, ($37,497); ALLOCATE
FUNDS FROM IMPACT FEE.
2.7 APPROVE LIGHTING AT FIRE STATIONS 4 AND 10 1/13/00
FROM GRAINGER, INC., USING EXISTING STATE OF R-00-07
FLORIDA NEGOTIATED AGREEMENT PRICE 7
SCHEDULE (SNAPS) FOR DEPARTMENT OF FIRE -
RESCUE, ($7,862.29); ALLOCATE FUNDS, FUNDED BY
THE FIRE ASSESSMENT.
2.8 APPROVE PROVISION OF CITYWIDE ANNUAL 1/13/00
INSPECTIONS/CERTIFICATION, TESTING, R-00-08
REFILLING AND REPAIRS TO FIRE 7
EXTINGUISHERS, FROM MIAMI FIRE EQUIPMENT,
AWARDED UNDER EXISTING MIAMI-DADE COUNTY
CONTRACT, FOR DEPARTMENT OF PURCHASING;
ALLOCATE FUNDS FROM VARIOUS USER
DEPARTMENTS.
2.9 AUTHORIZE INCREASE IN CONTRACT WITH 1/13/00
SUNTORY WATER GROUP D/B/A CRYSTAL SPRINGS R-00-09
WATER, ($30,000), - INCREASE FROM $30,170 TO 8
$60,170, FOR DEPARTMENT OF PURCHASING, TO BE
UTILIZED CITYWIDE; ALLOCATE FUNDS FROM
VARIOUS USER DEPARTMENTS.
2.10 AUTHORIZE PURCHASE OF 1,300 YEAR 2000 1/13/00
FLORIDA LAW ENFORCEMENT HANDBOOKS, CITY R-00-10
OF MIAMI EDITION, FROM THE MIAMI-DADE 8
POLICE DEPARTMENT, ($13,780) - ALLOCATE FUNDS
FROM POLICE DEPARTMENT GENERAL OPERATING
BUDGET.
2.11 AUTHORIZE ALLOCATION OF LAW 1/13/00
ENFORCEMENT TRUST FUNDS, ($200,000), FOR R -00-I1
PURCHASE OF SPECIALIZED SUPPORT AND 9
INVESTIGATIVE EQUIPMENT.
2.12 AUTHORIZE CONTRIBUTION TO THE MENTAL 1/13/00
HEALTH ASSOCIATION OF DADE COUNTY, INC., R-00-12
"LISTEN TO CHILDREN PROGRAM," - ALLOCATE 9
FUNDS ($25,000), FROM THE LAW ENFORCEMENT
TRUST FUND.
2.13 AUTHORIZE FUNDING OF "CITIZENS ON PATROL 1/13/00
VOLUNTEER PROGRAM," ($29,110), TO BE USED R-00-13
TOWARDS A SUBSCRIBER AGREEMENT FOR A 10
RADIO SYSTEM AND EQUIPMENT; ALLOCATE
FUNDS FROM THE LAW ENFORCEMENT TRUST FUND.
2.14 AUTHORIZE ALLOCATION OF LAW 1/13/00
ENFORCEMENT TRUST FUNDS, ($28,486), FOR THE R-00-14
RICKIA ISAAC FOUNDATION, INC. 10
2.15 AUTHORIZE MANAGER TO EXECUTE AGREEMENT, 1/13/00
TO ACCEPT OBLIGATIONS OF OWNERSHIP, R-00-15
MAINTENANCE AND LIABILITY OF THE 11
"TRAILBLAZER SIGNAGE" (NEIGHBORHOOD
IDENTIFICATION) IN THE CITY OF MIAMI'S
OVERTOWN NEIGHBORHOOD.
2.16 APPROVE GRANT OF EASEMENT, TO MIAMI-DADE 1/13/00
COUNTY FOR CONSTRUCTION, INSTALLATION R-00-16
AND MAINTENANCE OF NEW STORM DRAINAGE 11
SYSTEM AND APPURTENANCES UNDER AND
THROUGH THE CITY OF MIAMI FERN ISLE PARK
PROPERTY LOCATED AT 1100 N.W. 22ND AVENUE.
2.17 AUTHORIZE MANAGER TO EXECUTE A MUTUAL 1/13/00
AID AGREEMENT, JOINT DECLARATION AND R-00-17
ADDENDUM TO THE JOINT DECLARATION, WITH 12
MIAMI-DADE COUNTY, FOR RENDERING MUTUAL
LAW ENFORCEMENT ASSISTANCE.
3 COMMENTS BY VICE CHAIRMAN GORT RE 1/13/00
AGENDA BACKUP TO CONTAIN COPIES OF DISCUSSION
SECOND READING ORDINANCES. 1 12
4 RATIFY, APPROVE, CONFIRM MANAGER'S
1/13100
FINDING OF SOLE SOURCE; WAIVE
R-00-18
REQUIREMENTS FOR COMPETITIVE SEALED
13-14
BIDS; APPROVE ACQUISITION OF LTS 2000
PORTABLE RADIOS WITH SMARTNET
SOFTWARE, INCLUDING CHARGERS AND
BATTERIES, FROM MOTOROLA, INC., FOR
OFFICE OF NEIGHBORHOOD _ENHANCEMENT
TEAM (NET) ADMINISTRATION, ($50,000);
ALLOCATE FUNDS FROM THE NET BUDGET.
5 FIRST READING ORDINANCE:
1/13/00
ESTABLISH SPECIAL REVENUE FUND, "LOCAL
FIRST
LAW ENFORCEMENT BLOCK GRANT IV
READING
PROGRAM," AUTHORIZE EXPENDITURES FOR
ORDINANCE
OPERATION ($3,449,194), CONSISTING OF
14-15
GRANT FROM THE U.S.' DEPARTMENT OF
JUSTICE; AUTHORIZE ALLOCATION OF
MATCHING FUNDS, ($383,244), FROM POLICE
DEPARTMENT GENERAL OPERATING BUDGET.
6 DEFER CONSIDERATION OF PROPOSED
1/13/00
ALLOCATION OF $1,923,814 OF 25TH YEAR
M-00-19
COMMUNITY DEVELOPMENT BLOCK GRANT
15-16
(CDBG) FUNDS TO APPROVED PUBLIC
SERVICES, HOUSING AND ECONOMIC
DEVELOPMENT AGENCIES.
7 (A) GRANT REQUEST MADE BY DEMETRIO PEREZ,
1/13/00
FOR WAIVER OF CITY FEES FOR JOSE MARTI
R-00-20
PARADE ON JANUARY 28; 2000;
17-22
(B) REQUEST POLICY RE FUNDING OF PARADES
AND EVENTS.
8 AUTHORIZE SALE OF ALCOHOLIC BEVERAGES 1/13/00
DURING THE BANK OF AMERICA COCONUT R-00-21
GROVE ARTS FESTIVAL ON FEBRUARY 19-21, 22-24
2000.
9 PRESENTATION BY RICHARD ASTROM, 1/13/00
PRESIDENT OF NATIONAL REHAB DISCUSSION
PROPERTIES, INC., TO INTRODUCE HIS 24-25
COMPANY AND DISCUSS FUTURE PLANS.
10
1/13/00
MANGER TO CONSULT WITH OFFICOiLS OF
THE U.S. HOUSING AND URBAN
M-00-22
DEVELOPMENT (USHUD) DEPARTMENT AND
25-35
HOUSING OPPORTUNITIES FOR PERSONS WITH
AIDS (HOPWA) BOARD RELATED TO
ELIGIBILITY FOR USE OF UP TO $1.8 MILLION
IN HOPWA FUNDS IN CONNECTION WITH
PROPOSED MIAMI RIVER PARK APARTMENTS
DEVELOPMENT AND SCHEDULE A PUBLIC
HEARING AS TO AVAILABLE HOPWA FUNDS
AND FURTHER NOTIFICATION REGARDING
THE HISTORIC NATURE OF THE AREA.
I 1
(A) EMERGENCY ORDINANCE: AMEND CODE
1/13/00
SECTION 18-80 "FINANCE/PURCHASING AND
ORDINANCE
CONTRACTS GENERALLY," TO ALLOW
O 1878
SERVICES RELATED TO CULTURAL,
3
5-42
EDUCATIONAL, RECREATIONAL OR PARK
ACTIVITIES PROVIDED BY NON-PROFIT
ORGANIZATIONS WITHIN CITY PARKS TO BE
AWARDED WITHOUT COMPETITIVE
NEGOTIATIONS.
(B) COMMENTS RE "ADOPT -A -PARK"
SYSTEM TO GENERATE FUNDS FOR
NEIGHBORHOOD PARKS.
12
SECOND READING ORDINANCE: AMEND CODE
1/13/00
SECTION 40-245 "PERSONNEL/PENSION AND
ORDINANCE
RETIREMENT PLAN/CITY OF MIAMI GENERAL
NO. 11879
EMPLOYEES' AND SANITATION EMPLOYEES'
42-44
RETIREMENT TRUST, TO ALLOW FOR INVESTMENTS
OF STOCK IN FOREIGN CORPORATIONS.
13
SECOND READING ORDINANCE: AMEND CODE
1/13/00
SECTION 54-190 "STREETS AND SIDEWALKS/BASE
ORDINANCE
BUILDING LINES/NONSTANDARD STREET WIDTHS,"
NO. 11880
TO MODIFY THE WIDTH OF NORTHEAST 12TH
44-46
STREET BETWEEN NORTHEAST BISCAYNE
BOULEVARD AND NORTHEAST 2ND AVENUE.
14
SECOND READING ORDINANCE: AMEND CODE
1/13/00
SECTION 38-8 "PARKS AND RECREATIONAN
ORDINANCE
GENERAL," TO ESTABLISH FLAT RATES AND
NO. 11881
CHANGING CERTAIN CONFERENCE ROOMS TO
46-47
RENTAL OFFICE SPACE AT THE MANUEL ARTIME
COMMUNITY CENTER.
15
SECOND READING ORDINANCE: ESTABLISH
1/13/00
SPECIAL REVENUE FUND "CITY OF MIAMI
ORDINANCE
PROGRAMS FOR PERSONS WITH DISABILITIES
NO. 11882
MIAMI-DADE COUNTY ADA GRANT" APPROPRIATE
471-48
FUNDS ($58,878) FROM 1996-1997 GRANT FUND;
$61,038.61 FROM 1997-1998 GRANT FUND; AND
$51,783.39 FROM 1998-1999 GRANT FUND, FROM
MIAMI-DADE COUNTY, OFFICE OF AMERICANS
WITH DISABILITIES ACT ("ADA") COORDINATION.
16 FIRST READING ORDINANCE: ESTABLISH SPECIAL 1/13/00
REVENUE FUND "BULLETPROOF VEST FIRST
PARTNERSHIP GRANT," AUTHORIZE READING
EXPENDITURES, ($14,000), CONSISTING OF GRANT ORDINANCE
FROM U.S. DEPARTMENT OF JUSTICE, OFFICE OF 49
JUSTICE PROGRAMS, BUREAU OF JUSTICE
ASSISTANCE.
17 FIRST READING ORDINANCE: AMEND 11418, WHICH 1/13/00
ESTABLISHED INITIAL RESOURCES AND FIRST
APPROPRIATIONS FOR SPECIAL REVENUE FUND, READING
"PARTNERSHIP FUND"; TO INCREASE ORDINANCE
APPROPRIATIONS ($25,000), SAID FUNDS RECEIVED 50
AND ACCEPTED AS DONATIONS FROM VARIOUS
PRIVATE ORGANIZATIONS; AUTHORIZE
EXPENDITURE FOR PRODUCTION OF COMMUNITY
EVENTS AND IN-HOUSE, PROGRAMS, INCLUDING THE
PUBLICATION OF THE POLICE DEPARTMENT'S
ANNUAL REPORT.
18 FIRST READING ORDINANCE: AMEND CODE, 1/13/00
SECTION 2-161, "ADMINISTRATION/OFFICERS" TO FIRST
CREATE AND PROVIDE FOR THE APPOINTMENT OF READING
CITY ADMINISTRATOR. ORDINANCE
51-56
19 DEFER CONSIDERATION OF PROPOSED FIRST 1/13/00
READING ORDINANCE SETTING FORTH AND M-00-23
DELINEATING SPECIFIC SERVICES PROVIDED TO 56-60
INDIVIDUAL BOARDS BY THE OFFICE OF THE CITY
CLERK.
20 AUTHORIZE MANAGER TO EXECUTE MINORITY 1/13/00
BUSINESS ENTERPRISE AGREEMENT, TO R-00-24
PARTICIPATE IN THE FLORIDA STATEWIDE 60-66
UNIFORM MINORITY BUSINESS ENTERPRISE
CERTIFICATION PROGRAM.
21 PERSONAL APPEARANCE BY FRANKLIN ZAVALA- 1/13/00
VELEZ CONCERNING DEAF SERVICES BUREAU - DISCUSSION
REFERRED TO CITYWIDE COMMUNITY 66-68
DEVELOPMENT ADVISORY BOARD.
22 ESTABLISH RATES AND PROCEDURES FOR
1/13/00
ISSUANCE OF REVOCABLE LICENSES FOR USE OF
R-00-25
OFFICE SPACE WITHIN THE MANUEL ARTIME
68-76
THEATER AT 900 SOUTHWEST 1 ST STREET AND THE
MANUEL ARTIME COMMUNITY CENTER AT 970
SOUTHWEST IST STREET.
23 MANAGER TO REAPPLY FOR GRANT FUNDS IN
1/13/00
CONNECTION WITH LEASE OF OFFICE SPACE FOR
M-00-26
THE CITY'S OFFICE OF WORKFORCE DEVELOPMENT.
77-79
24 RESCHEDULE COMMISSION MEETING PREVIOUSLY
1/13/00
SCHEDULED FOR FEBRUARY 24TH TO BE SCHEDULED
R-00-27
FOR FEBRUARY 17, 2000.
79-80
25 AUTHORIZE MANAGER TO EXECUTE DEED AND
1/13/00
DOCUMENTS NECESSARY TO TRANSFER FEE
R-00-28
SIMPLE OWNERSHIP TO THE STATE OF FLORIDA
80-83
DEPARTMENT OF TRANSPORTATION ("FDOT") OF
APPROXIMATELY 20,724 SQUARE FEET OF CITY -
OWNED LAND LOCATED ALONG BISCAYNE
BOULEVARD, FOR CONSTRUCTION OF CERTAIN
IMPROVEMENTS TO BISCAYNE BOULEVARD ALSO
KNOWN AS STATE ROAD NO. 5 AND U.S. 1, SUBJECT
TO FDOT LEASING SAID PROPERTY BACK TO THE
CITY.
26
RATIFY, APPROVE, CONFIRM MANAGER'S FINDING
1/13/00
OF EMERGENCY, WAIVE REQUIREMENTS FOR
R-00-29
COMPETITIVE SEALED BIDS, APPROVE PROVISION
84-85
OF AIR CONDITIONING MAINTENANCE SERVICES
FOR HEADQUARTERS BUILDING, NORTH AND
SOUTH SUBSTATIONS, AND THE DAVID HERRING
TRAINING CENTER, FOR DEPARTMENT OF POLICE,
($16,900); ALLOCATE FUNDS FROM POLICE GENERAL
OPERATING BUDGET.
27
RATIFY, APPROVE, CONFIRM MANAGER'S FINDING
1/13/99
OF EMERGENCY, WAIVE REQUIREMENTS FOR
R-00-30
COMPETITIVE SEALED BIDS, AMEND 98-846 BY
85-87
RESCINDING BID AWARD TO SOVEREIGN
CONSTRUCTION, INC., APPROVE INSTALLATION OF
STEEL PICKET FENCE FROM RONALD GIBBONS
FENCE CO., AT WAINWRIGHT PARK AND SEWELL
PARK, FOR THE PARKS AND RECREATION
DEPARTMENT, ($44,999); ALLOCATE FUNDS FROM
SAFE NEIGHBORHOOD PARK BOND FUNDS
APPROPRIATED IN CAPITAL IMPROVEMENT PROJECT.
28
RATIFY, APPROVE, CONFIRM MANAGER'S FINDING
1/13/00
OF EMERGENCY, WAIVE REQUIREMENT FOR
R-00-31
COMPETITIVE SEALED BIDS, APPROVE AUTO BODY
87-89
REPAIRS AND PAINTING SERVICES FOR CITY
VEHICLES, FROM EXISTING VENDORS, ($180,000),
FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION; ALLOCATE FUNDS FROM FY 1999-
2000 GENERAL SERVICES ADMINISTRATION, LIGHT
FLEET DIVISION.
29
DEFER CONSIDERATION OF PROPOSED
1/13/00
AUTHORIZATION TO EXECUTE AMENDMENT NO. 1 TO
M-00-32
EXISTING AGREEMENT WITH GENUINE PARTS
89-91
COMPANY D/B/A NAPA AUTO PARTS FOR IN-HOUSE
PARTS OPERATIONS PARTNERSHIP FOR FIRE -RESCUE
DEPARTMENT AND GENERAL SERVICES
ADMINISTRATION DEPARTMENT -- MANAGER TO
INSTRUCT FIRE -RESCUE AND GENERAL SERVICES
ADMINISTRATION STAFF TO ADDRESS
COMMISSIONER REGALADO'S CONCERNS.
30
AUTHORIZE MANAGER TO EXECUTE
1/13/00
AMENDMENT TO AGREEMENT WITH SIMON
R-00-33
LADDER TOWERS, INC., (CONTRACTOR), FOR NEW
91-92
AERIAL TRUCK FOR THE DEPARTMENT OF FIRE -
RESCUE ($414,099), PLUS AERIAL TRUCK NO. 4855 AS
A TRADE-IN; FUNDING FOR THE NEW AERIAL TRUCK.
31 AMEND 99-874 TO CLARIFY THAT PURSUANT TO 1/13/00
STATE OF FLORIDA CONTRACT, THE MANAGER R-00-34
IS AUTHORIZED TO EXECUTE A MICROSOFT 92-94
ENTERPRISE SELECT AGREEMENT WITH
MICROSOFT OR ITS CONTRACTING AFFILIATE,
AND NOT WITH WAREFORCE, AS STATED IN 99-874
FOR THE LICENSING OF PRODUCTS.
32 ESTABLISH USE FEE ($2,500) PER EVENT DAY, 1/13/00
"GOLD CUP 2000" SOCCER TOURNAMENT BY R-00-35
INTERFOREVER SPORTS, AT THE ORANGE BOWL 94-95
STADIUM, CONDITIONED UPON ORGANIZERS
PAYING FOR ALL NECESSARY COSTS OF CITY
SERVICES AND APPLICABLE FEES, OBTAINING
INSURANCE TO PROTECT THE CITY, AND
COMPLYING WITH ALL CONDITIONS AND
LIMITATIONS.
33 DEFER CONSIDERATION OF PROPOSED 1/13/00
ESTABLISHMENT OF POLICY PRIORITIZING FUTURE M-00-36
ALLOCATION OF COMMUNITY DEVELOPMENT 95-98
BLOCK GRANT FUNDS.
34 AUTHORIZE CARRY-OVER OF IN UNEXPENDED 1/13/00
24TH YEAR CDBG PROGRAM FUNDS PREVIOUSLY R-00-37
ALLOCATED TO MODEL HOUSING 97-98
COOPERATIVE, INC. AND WORD OF LIFE
COMMUNITY DEVELOPMENT CORPORATION,
PREVIOUSLY APPROVED BY 98-402.1, FOR
UNDERTAKING HOUSING DEVELOPMENT
ACTIVITIES IN THE CITY.
35 PRESENTATION BY PABLO CANTON RE EAST 1/13/00
LITTLE HAVANA NEIGHBORHOOD ENHANCEMENT PRESENTATION
TEAM (NET) SERVICE CENTER. 98-105
36 AUTHORIZE JANEKA BROWN, SETTLEMENT IN 1/13/00
PERIODIC PAYMENTS OVER TWO FISCAL YEARS. R-00-38
105-110
37 RATIFY, APPROVE, CONFIRM REQUEST OF 1/13/00
MIAMI SPORTS AND EXHIBITION AUTHORITY R-00-39
("MSEA") TO RATIFY ENGAGEMENT BY CITY 111-112
ATTORNEY, ON BEHALF OF MSEA, OF LAW FIRM
OF VERNER, LIIPFIRT, BERNHARD, MCPHEARSON
& HAND TO REPRESENT MSEA IN DECOMA, LTD
CASE; PAYABLE FROM MSEA.
38 APPOINT COMMISSIONER TOMAS REGALADO AS
1/13/00
A COMMITTEE OF ONE TO REVIEW THE STATUS
R-00-40
OF ECONOMIC DEVELOPMENT.
112-114
39 AMEND 99-823, WHICH AUTHORIZED EXTENSION
1/13/00
TO AGREEMENT WITH MODIS CORPORATION,
R-00-41
FOR PROCUREMENT OF COMPUTER
114-115
PROGRAMMING CONSULTING SERVICES.
40 1. DISCUSS (VOTE FAILED) PROPOSED
1/13/00
VALET OR SELF -PARKING OPERATION
M-00-42
AT BICENTENNIAL PARK RFP;
115-132
2. DEFER CONSIDERATION OF
R-00-44
SUBSTITUTE PROPOSED RESOLUTION
M-00-45
PROFFERED BY GREG BUSH IN
R-00-46
CONNECTION WITH REDESIGN,
162-167
PARKING AND MANAGEMENT OF
BICENTENNIAL PARK.
41 CREATE AD HOC COMMITTEE TO
1/13/00
INVESTIGATE AND REVIEW COMMUNITY
R-00-43
RELATIONS BETWEEN POLICE DEPARTMENT
132-162
AND PARTICIPATING INDIVIDUALS WHICH
TRANSPIRED THE WEEK OF JANUARY 3, 2000,
RELATED TO PROTESTS AND
DEMONSTRATIONS CONCERNING ELIAN
GONZALEZ' POLITICAL ASYLUM AND
CUSTODY HEARING.
42 ESTABLISH BOARDS AND COMMITTEES REVIEW
1/13/00
COMMITTEE TO EVALUATE THE PERFORMANCE
R-00-44
AND EFFECTIVENESS OF EACH EXISTING CITY
M-00-45
BOARD, COMMITTEE, AUTHORITY, AND TRUST.
R-00-46
162-167
43 DEFER CONSIDERATION OF APPOINTMENT OF A 1/13/00
MEMBER OF THE FLORIDA EMPLOYMENT AND DISCUSSION
TRAINING CONSORTIUM. 167
44 APPOINT JOE FERRERO AS A REGULAR MEMBER 1/13/00
OF THE CODE ENFORCEMENT BOARD. R-00-47
167-168
45 APPOINT COMMISSIONER SANCHEZ AS MEMBER 1/13/00
OF THE COMMERCIAL SOLID WASTE R-00-48
MANAGEMENT ADVISORY COMMITTEE. 169
46 CONFIRM APPOINTMENT OF MEMBERS OF THE 1/13/00
DOWNTOWN DEVELOPMENT AUTHORITY: R-00-49
LORETTA COCKRUM, JUAN CARLOS MAS, CARLOS 170-171
MIGOYA, SERVIO ROK AND RODRIGO TRUJILLO.
47 APPOINT MEMBERS OF THE MIAMI SPORTS AND 1/13/00
EXHIBITION AUTHORITY (MSEA): MARIANNE R-00-50
SALAZAR, CARLOS MARTELL, AL HUSTON, 171-173
ORLANDO GARCIA, DIEGO GARCIA, ELI
FEINBERG, STEVE MARIN, JOHNNY WINTON.
48 APPOINT MEMBERS OF THE ORANGE BOWL 1/13/00
STEERING COMMITTEE: RODOLFO CAMPS, R-00-51
LEWIS FREEMAN, ARTHUR HERTS, SAM 174-175
BERNSTEIN, STEVE MARIN, ADOLFO HENRIZUEZ,
AL DOTSON, JR., BUTCH DAVIS.
49 APPOINT DORIS K. SCHEER AS MEMBER OF THE 1/13/00
PLANNING ADVISORY BOARD. R-00-52
175-178
50 APPOINT MEMBERS OF THE ZONING BOARD: 1/13/00
RICARDO RUIZ, CHARLES FLOWERS AND R-00-53
GEORGES WILLIAMS. 178-180
51 APPOINT STEVE KNEAPLER AS MEMBER OF THE 1/13/00
BAYFRONT PARK MANAGEMENT TRUST. R-00-54
180-181
52 1. DISCUSS FINANCIAL UPDATE AND
BUDGET OUTLOOK;
2. COMMENTS RE WHO IS NOT PAYING
PARKING SURCHARGE;
3. CALL EXECUTIVE SESSION RE PARKING
SURCHARGE;
4. COMMENTS BY CC REED RE OVERTOWN
DEAD TREES.
53 MANAGER TO REVIEW AND EVALUATE
ZONING LAWS RE CURRENT PROBLEMS
ASSOCIATED WITH ADULT ENTERTAINMENT,
TELECOMMUNICATION ANTENNA TOWER
INSTALLATIONS AND DRUG REHABILITATION
FACILITIES ABUTTING RESIDENTIAL
NEIGHBORHOODS.
1/13/00
R-00-55
182-192
1/13/00
M-00-56
193-199
54 APPOINT JAMES KEANE AS MEMBER OF THE 1/13/00
CODE ENFORCEMENT BOARD. R-00-57
199-200
55 BRIEF COMMENTS CONCERNING MR.
1/13/00
WILLARD HART'S CONCERNS REGARDING
DISCUSSION
GARBAGE BINS AND TRASH PICKUP.
200-201
56 BRIEF COMMENTS CONCERNING FIRST
1/13/00
SOURCE HIRING AGREEMENT WITH
DISCUSSION
BASKETBALL PROPERTIES AND LEVY
201
RESTAURANTS FOR ARENA.
BEAUTIFICATION PROJECTS.
57 MANAGER TO PREPARE STUDY TO BE
1/13/00
CONDUCTED BY EXTERNAL AUDITOR, IN
M-00-58
CONNECTION WITH PROPOSED TRANSFER OF
201-213
FIRE -RESCUE SERVICES TO MIAMI-DADE
COUNTY.
DISCUSSION
58 1. DISCUSS OFFICE OF MEDIA RELATIONS
1/13/00
EXCEEDING ITS BUDGET;
DISCUSSION
2. COMMENTS RE DECEMBER CALENDAR
214-218
BEING TELEVISED ON NET -9 CABLE
PANHANDLERS.
TELEVISION DURING THE MONTH OF
JANUARY.
220-221
59 DEFER CONSIDERATION OF DISCUSSION 1/13/00
CONCERNING THE INDEPENDENT AUDITOR M-00-59
GENERAL AND OFFICE OF INDEPENDENT 218-219
AUDITOR GENERAL.
60 DEFER CONSIDERATION OF CRIME ALONG 1/13/00
MIAMI RIVER. DISCUSSION
219
61
BRIEF COMMENTS RE ROAD CONSTRUCTION
1/13/00
IMPROVEMENTS ON 8 AVENUE BETWEEN 8
DISCUSSION
STREET AND N.W. 4 STREET.
220
62
COMMENTS CONCERNING MONIES FOR
1/13/00
BEAUTIFICATION PROJECTS.
DISCUSSION
220
63
COMMENTS CONCERNING CRIME IN LITTLE
1/13/00
HAVANA.
DISCUSSION
220
64
COMMENTS CONCERNING BEGGARS AND
1/13/00
PANHANDLERS.
DISCUSSION
220-221
65
COMMENTS CONCERNING SIDEWALKS AND
1/13/00
LACK THEREOF.
DISCUSSION
221
W,
66 1. DISCUSSION CONCERNING USE OF LAW 1/13/00
ENFORCEMENT TRUST FUNDS FOR R-00-60
MAYOR'S CONFERENCE;
221-22s
2. AUTHORIZE ALLOCATION OF LAW
ENFORCEMENT TRUST FUNDS ($500,000),
FOR SPECIAL OVERTIME PAY TO BE
USED TO CONDUCT VEHICLE
IMPOUNDMENT PROGRAM STING
OPERATIONS.
67 1. VEHICLE IMPOUNDMENT PROGRAM FOR 1/13/00
POLICE $1.2 MILLION; R-00-61
2. COMMISSIONER TEELE DIRECTS TO FIND 226-228
ALTERNATIVE LOCATION FOR THE VEHICLE
IMPOUNDMENT LOT CURRENTLY LOCATED
AT 700 N.W. 3 AVENUE, UNDER THE I-95
EXPRESSWAY DOWNTOWN.
68 URGE SECRETARY OF THE FLORIDA 1/13/00
DEPARTMENT OF TRANSPORTATION ("FDOT") R-00-62
TO DELAY REPLACEMENT OF S.W. 2 AVENUE 228-230
BRIDGE TO CONDUCT STUDY TO DETERMINE
FEASIBILITY OF CONSTRUCTING A TUNNEL
UNDER THE MIAMI RIVER, ATA LOCATION
BETWEEN BRICKELL AVENUE AND THE 1-95
EXPRESSWAY.
69 METROPOLITAN PLANNING ORGANIZATION 1/13/00
BRIEFING REGARDING TRAFFIC STUDY OF PORT DISCUSSION
AREA ALONG 2ND AVENUE. 230
70 DISCUSS PROPOSED MARLINS BASEBALL 1/13/00
STADIUM DOWNTOWN, POSSIBLY DISCUSSION
BICENTENNIAL PARK. 231
71
MANAGER TO DIRECT APPROPRIATE
1/13/00
DEPARTMENTS, INCLUDING PUBLIC WORKS,
M-00-63
PLANNING AND BUDGET, TO WORK
232-233
TOGETHER TO DRAFT ORDINANCE THAT
PROVIDES FOR IMPACT FEES OR MINIMUM
REQUIREMENTS FOR RESURFACING CITY OF
MIAMI RIGHT-OF-WAYS, BASED UPON WORK
DONE BY WATER AND SEWER, FIBER OPTIC
CABLE COMPANIES, ETC.; FURTHER
DIRECTING MANAGER TO PATTERN SAID
PROPOSED ORDINANCE AFTER THE CORAL
GABLES' ORDINANCE.
72
COMMISSIONER SANCHEZ REQUESTS
1/13/00
UPDATE ON STATUS AND FUTURE PLANS OF
DISCUSSION
THE CITY AS IT PERTAINS TO THE FIVE
234
MAJOR DEVELOPMENT SITES IN THE CITY:
DINNER KEY, VIRGINIA KEY, WATSON
ISLAND, BICENTENNIAL PARK AND THE
MARINE STADIUM.
73
AUTHORIZE MANAGER TO EXECUTE ASSIGNMENT
1/13/00
OF PROFESSIONAL SERVICES AGREEMENT FROM
R-00-64
ARCHITECTURAL FIRM OF DUANY, PLATER-
234-235
ZYBERK AND COMPANY TO R.J. HEISENBOTTLE
ARCHITECTS, P.A., TO PROVIDE THE DESIGNS,
CONSTRUCTION PLANS AND OTHER PROFESSIONAL
SERVICES REQUIRED FOR THE VIRRICK
COMMUNITY CENTER WATER SPORTS CENTER.
74
AUTHORIZE FUNDING OF BOYS AND GIRLS CLUB
1/13/00
OF MIAMI, INC. $100,000 FROM VEHICLE
R-00-65
IMPOUNDMENT PROGRAM FUNDS.
235-236
75
COMMENTS BY COMMISSIONER TEELE
1/13/00
CONCERNING MARTIN LUTHER KING PARADE -
DISCUSSION
PARTICIPATION BY PUBLIC OFFICIALS.
236-237
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 13th day of January 2000, the City Commission of Miami, Florida, met at its regular
meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session.
The meeting was called to order at 9:33 a.m. by Vice Chairman Wifredo Gort, with the
following members of the Commission found to be present:
Vice Chairman Wifredo Gort (District 1)
Commissioner Johnny L: Winton (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado (District 4)
ABSENT:
Commissioner Arthur E. Teele, Jr., (District 5)
ALSO PRESENT:
Donald H. Warshaw, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
An invocation was delivered by Mayor Joe Carollo, who then led those present in a pledge
of allegiance to the flag.
L PRESENTA II®NS ANiD EROCLANI ONS ,
Vice Chairman Gort: Do we have any other presentations?
Note for the Record: The Minutes of the following Commission meeting were
approved: January 12, 1999, January 26, 1999,February 9, 1999, February 23,
1999, March 2, 1999, March 23, 1999, May 11, 1999 August 16, 1999.
Vice Chairman Gort: Okay. I understand I need some motions on the minutes.
You have the regular meetings of January 12, Planning and Zoning meeting of
January 26, Regular meeting of February 9.
Commissioner Sanchez: So moved.
Vice Chairman Gort: Do we have to do them one at a time or can we do them all
at once?
Commissioner Regalado: Mr. Chairman, I'd like to pull from the consent
agenda CA --
1 January 13, 2000
Vice Chairman Gort: Wait a minute. We have to finish with this.
Commissioner Regalado: Huh?
Vice Chairman Gort: We have to finish with the minutes.
Commissioner Regalado: Oh, I'm sorry.
Vice Chairman Gort: Mr. Attorney, can we do them all at once or you need
them one by one, the minutes, the approval of the minutes.
Mr. Alejandro Vilarello (City Attorney): You can approve -- they are all --
Vice Chairman Gort: They are all in item B.
Mr. Vilarello: You can approve them all in one motion.
Vice Chairman Gort: Okay. There is a motion. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Is there any discussion? Being none, all in favor state by
saying aye.
The Commission (Collectively): "Aye."
Vice Chairman Gort: No nays.
2. ,Consent Agenda41
Vice Chairman Gort: Any items that would like to be pulled on the consent
agenda?
Commissioner Regalado: Yes, Mr. Chairman. CA -15. That would be discussed
within Commission district items. CA -15.
Vice Chairman Gort: Any other items? Is there a motion? Is there a second?
Wait a minute. Idon't think you --
Commissioner Teele: The motion would be to approve the consent items with
the exception of item number 15.
Vice Chairman Gort: No. I want to see if any other items anybody --
Commissioner Sanchez: Well, Mr. Vice chair, if he's going to pull item 15, he
needs a motion and a second.
Commissioner Teele: No, he doesn't.
2 January 13, 2000
Vice Chairman Gort: No. No. My understanding is, in the consent agenda, any
one of us can ask that that the item be brought as a regular agenda at the next
meeting. Any other items?
Commissioner Teele: Move the approval of the consent items, with the
exception of item number 15.
Commissioner Winton: Second.
Commissioner Regalado: Second.
Vice Chairman Gort: Moved and second. Any further discussion? Being none,
all in favor state by saying aye.
The Commission (Collectively): "Aye."
Note for the Record: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT
AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO
CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE
SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT
REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION.
THEREUPON MOTION DULY MADE BY COMMISSION TEELE
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.
3 January 13, 2000
RESOLUTION NO. 00-01
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF INTER -AMERICAN PROTECTIVE
SERVICES, FOR THE PROVISION OF SECURITY GUARD
SERVICES CITYWIDE, ON AN AS NEEDED CONTRACT BASIS
FOR ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO
(2) ADDITIONAL ONE-YEAR PERIODS; AT AN ANNUAL
AMOUNT NOT TO EXCEED $130,000, ALLOCATING FUNDS
THEREFOR FROM THE VARIOUS USER DEPARTMENT
BUDGETS AT TIME OF NEED.
RESOLUTION NO. 00-02
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF JOE BLAIR GARDEN SUPPLY, FOR
THE PROCUREMENT OF NINE (9) RIDING MOWERS AND TEN
(10) POWER EDGES, FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION TO BE UTILIZED BY THE
DEPARTMENTS OF PUBLIC WORKS AND PARKS AND
RECREATION, PURSUANT TO INVITATION FOR BID NO. 98-
99-123; IN AN AMOUNT NOT TO EXCEED $24,406,
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NOS. 311702 ($9,916) AND 331368
($14,490).
4 January 13, 2000
•
RESOLUTION NO. 00-03
0
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF AERO PRODUCTS CORPORATION,
D/B/A AMERICAN LA FRANCE, FOR THE PROCUREMENT OF
CERVICAL COLLARS, ON AN AS NEEDED CONTRACT BASIS
FOR ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO
(2) ADDITIONAL ONE (1) YEAR PERIODS, FOR THE
DEPARTMENT OF FIRE -RESCUE, AT AN ANNUAL AMOUNT
NOT TO EXCEED $31,700; ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NO. 001000.280601.6.714.
RESOLUTION NO. 00-04
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF BEST'S MAINTENANCE &
JANITORIAL SERVICE, TO PROVIDE EVENTS
MAINTENANCE SERVICES AT THE COCONUT GROVE
CONVENTION CENTER FOR THE DEPARTMENT OF
CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES,
PURSUANT TO INVITATION FOR BID NO. 99-00-043; AT A
TOTAL PROPOSED ANNUAL AMOUNT NOT TO EXCEED
$80,000, FOR A PERIOD OF ONE (1) YEAR, WITH THE
OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1)
YEAR PERIODS; ALLOCATING FUNDS THEREFOR FROM
1999-2000 COCONUT GROVE CONVENTION CENTER
DIVISION OF BUDGET, ACCOUNT CODE NO.
415 000.3 5 020 1.6.3 40.
5 January 13, 2000
•
RESOLUTION NO. 00-05
u
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE PROCUREMENT OF COFFEE SERVICES,
FROM PERFECT CHOICE S. COFFEE SERVICE, INC.,
AWARDED UNDER EXISTING MIAMI-DADE COUNTY
CONTRACT NO. I135393-0/98, EFFECTIVE UNTIL JANUARY
31, 2000, SUBJECT TO FURTHER EXTENSIONS BY MIAMI-
DADE COUNTY, FOR THE DEPARTMENT OF PURCHASING,
TO BE UTILIZED CITYWIDE ON AN AS NEEDED CONTRACT
BASIS; ALLOCATING FUNDS THEREFOR FROM VARIOUS
USER DEPARTMENTS, REQUIRING BUDGETARY APPROVAL
FROM USER DEPARTMENTS PRIOR TO USAGE.
RESOLUTION NO. 00-06
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ACQUISITION, DELIVERY AND
INSTALLATION OF ONE (1) MOBILE VEHICLE LIFT SET
FROM STERTIL-KONI, USA, UTILIZING INVITATION FOR
BID NO. 97-98-196, FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, HEAVY FLEET MANAGEMENT
DIVISION, IN AN AMOUNT NOT TO EXCEED $37,497;
ALLOCATING FUNDS THEREFOR FROM IMPACT FEE,
ACCOUNT CODE NO. 311841.429301.6.340.
6 January 13, 2000
11
RESOLUTION NO. 00-07
•
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE PROCUREMENT AND INSTALLATION OF
LIGHTING AT FIRE STATIONS NO. 4 AND 10 FROM
GRAINGER, INC., USING EXISTING STATE OF FLORIDA
NEGOTIATED AGREEMENT PRICE SCHEDULE (SNAPS) NO.
2851185, FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN
AMOUNT NOT TO EXCEED $7,862.29; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT NO. 313302.289401.6.85029,
FUNDED BY THE FIRE ASSESSMENT.
RESOLUTION NO. 00-08
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE PROVISION OF CITYWIDE ANNUAL
INSPECTIONS/CERTIFICATION, TESTING, REFILLING AND
REPAIRS TO FIRE EXTINGUISHERS, FROM MIAMI FIRE
EQUIPMENT, WARDED UNDER EXISTING MIAMI-DADE
COUNTY CONTRACT NO. 4922 -2/01 -OTR, EFFECTIVE UNTIL
JANUARY 31, 2000, SUBJECT TO FURTHER EXTENSIONS BY
MIAMI-DADE COUNTY, FOR THE DEPARTMENT OF
PURCHASING; ALLOCATING FUNDS THEREFOR FROM
VARIOUS USER DEPARTMENTS AND REQUIRING
BUDGETARY APPROVAL OF USER DEPARTMENTS PRIOR TO
USAGE.
7 January 13, 2000
•
RESOLUTION NO. 00-09
0
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE IN THE CONTRACT WITH
SUNTORY WATER GROUP D/B/A CRYSTAL SPRINGS WATER,
IN AN AMOUNT NOT TO EXCEED $30,000, THEREBY
INCREASING THE AMOUNT FROM $30,170 TO $60,170,
PURSUANT TO INVITATION FOR BID NO. 98-99-037, FOR
THE DEPARTMENT OF PURCHASING, TO BE UTILIZED
CITYWIDE ON AN AS NEEDED BASIS; ALLOCATING FUNDS
THEREFOR FROM VARIOUS USER DEPARTMENTS, SUBJECT
TO BUDGETARY APPROVAL PRIOR TO USAGE.
RESOLUTION NO 00-10
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE PURCHASE OF 1,300 YEAR 2000
FLORIDA LAW ENFORCEMENT HANDBOOKS, CITY OF
MIAMI EDITION, FROM THE MIAMI-DADE POLICE
DEPARTMENT, AT A TOTAL COST NOT TO EXCEED $13,780,
FOR THE DEPARTMENT OF POLICE, ALLOCATING FUNDS
THEREFOR FROM THE POLICE DEPARTMENT GENERAL
OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.760.
8 January 13, 2000
•
RESOLUTION NO. 00-11
•
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF LAW ENFORCEMENT
TRUST FUNDS, IN AN AMOUNT NOT TO EXCEED $200,000,
FROM PROJECT NOS. 690001, 690002, AND 690003, FOR THE
PURCHASE OF SPECIALIZED SUPPORT AND INVESTIGATIVE
EQUIPMENT, SUCH EXPENDITURE HAVING BEEN
APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH
THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO
EQUITABLE SHARING," AND FLORIDA STATE STATUTE,
CHAPTER 932.7055, AS AMENDED.
RESOLUTION NO. 00-12
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING A CONTRIBUTION TO THE MENTAL HEALTH
ASSOCIATION OF DADE COUNTY, INC., "LISTEN TO
CHILDREN PROGRAM," AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $25,000, FROM
THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS
690001, 690002, AND 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" AND FLORIDA STATE STATUTES,
CHAPTER 932.7055, AS AMENDED.
9 January 13, 2000
NIiiiiiii��►[��IZI�i3
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING FUNDING OF THE "CITIZENS ON PATROL
VOLUNTEER PROGRAM," IN.AN AMOUNT NOT TO EXCEED
$29,110, TO BE USED TOWARDS A SUBSCRIBER
AGREEMENT FOR A RADIO SYSTEM AND EQUIPMENT;
ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001,
690002, AND 690003, SUCH EXPENDITURE HAVING BEEN
APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH
THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO
EQUITABLE SHARING," AND FLORIDA STATE STATUTES,
CHAPTER 932.7055, AS AMENDED.
RESOLUTION NO. 00-14
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF LAW ENFORCEMENT
TRUST FUNDS, IN AN AMOUNT NOT TO EXCEED $28,486,
FROM PROJECT NUMBERS 690001, 690002, AND 690003, FOR
THE RICKIA ISAAC FOUNDATION, INC., 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"
AND FLORIDA STATE STATUTES, CHAPTER 932.7055, AS
AMENDED.
10 ' January 13, 2000
•
RESOLUTION NO. 00-15
A RESOLUTION OF 'THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
TO ACCEPT THE OBLIGATIONS OF OWNERSHIP,
MAINTENANCE AND LIABILITY OF THE "TRAILBLAZER
SIGNAGE" (NEIGHBORHOOD IDENTIFICATION) IN THE CITY
OF MIAMI'S OVERTOWN NEIGHBORHOOD.
RESOLUTION NO. 00-16
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING A GRANT OF EASEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, TO MIAMI-DADE
COUNTY FOR CONSTRUCTION, INSTALLATION AND
MAINTENANCE OF A NEW STORM DRAINAGE SYSTEM AND
APPURTENANCES UNDER AND THROUGH THE CITY OF
MIAMI FERN ISLE PARK PROPERTY LOCATED AT 1100
NORTHWEST 22ND AVENUE, MIAMI, FLORIDA; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
GRANT OF EASEMENT ON BEHALF OF THE CITY.
11 January 13, 2000
RESOLUTION NO. 00-17
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO
EXECUTE A MUTUAL AID AGREEMENT, JOINT
DECLARATION AND ADDENDUM TO THE JOINT
DECLARATION, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY O MIAMI AND MIAMI-DADE COUNTY,
FLORIDA, FOR THE PURPOSE OF RENDERING MUTUAL LAW
ENFORCEMENT ASSISTANCE.
Vice Chairman Gort: My understanding is there are no vetoes from the Mayor's
office. Item 1. Item 2. The purchase of 35 Motorola, something we approve --
I'd like, in the future, for the agenda -- we do have it on the agenda that we
received it, but on the package in here we do have one, which is a second
reading. I would like, if possible, on the package also, to put second reading
when it's a second reading. First reading and second reading. In other words,
in the items in here, in this -- and I don't know what you call this.
Mr. Donald Warshaw (City Manager): In the agenda itself?
Vice Chairman Gort: This one itself, when it's a first reading, it states first
reading. When it's a second reading, it states a second reading. If we can have
in the back-up material, we can also have second reading. We appreciate it.
OK?
Mr. Warshaw: Okay.
Vice Chairman Gort: Right. Because I -- a lot of us will go by the back-up
material right on the agenda itself.
Mr. Warshaw: I understand.
12 January 13, 2000
•
Vice Chairman Gort: Item 2. Thirty-five new LTS-2000 Motorola radios. The
price not to exceed 50,000.
Mr. Donald Warshaw (City Manager): These are for NET (Neighborhood
Enhancement Team), Mr. Chairman.
Vice Chairman Gort: This is for the NET office. One of the things we talked
about, a lot of our NET inspectors, they don't have communication and they
don't have phones and sometimes it's very difficult within the field to
communicate with the headquarters
Commissioner Regalado: I move the item.
Commissioner Winton': Second.
Vice Chairman Gort: It's been moved and second. Any discussion? Being
none, all in favor state by saying aye.
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 00-18
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S FINDING OF SOLE SOURCE, AND WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS; APPROVING THE
ACQUISITION OF THIRTY-FIVE (35) LTS 2000 PORTABLE RADIOS
WITH SMARTNET SOFTWARE, INCLUDING CHARGERS AND
BATTERIES, FROM MOTOROLA, INC., THE SOLE SOURCE PROVIDER,
FOR THE OFFICE OF NEIGHBORHOOD ENHANCEMENT TEAM (NET)
ADMINISTRATION, FOR A TOTAL COST NOT TO EXCEED $50,000;
ALLOCATING FUNDS THEREFOR FROM THE NET BUDGET, ACCOUNT
CODE NO. 145001.251113.6.840.
13 January 13, 2000
•
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Item 3, local enforcement. This is accepting three million
four hundred forty-nine thousand dollars ($3,449,000) from the --
Commissioner Sanchez: So moved.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved. Is there a second? Discussion on this
item? Being none, all in favor state by saying aye.
Mr. Alejandro Vilarello (City Attorney): It's an ordinance.
Vice Chairman Gort: It's an ordinance. Okay. I'm sorry. Read the ordinance.
[AT THIS POINT THE CITY ATTORNEY READ THE ORDINANCE INTO
THE PUBLIC RECORD.]
Vice Chairman Gort: Thank you. Call the roll.
14 January 13, 2000
•
An ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
SPECIAL REVENUE FUND ENTITLED, "LOCAL LAW ENFORCEMENT
BLOCK GRANT IV PROGRAM" AND AUTHORIZING EXPENDITURES
FOR ITS OPERATION, IN THE AMOUNT OF $3,449,194, CONSISTING OF
A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE; PROVIDING FOR
THE APPROPRIATIONS TO SAID FUND OF INTEREST EARNED FROM
FISCAL YEAR 1999-2000 AND FISCAL YEAR 2000-2001; AUTHORIZING
THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE
ALL NECESSARY DOCUMENT (S), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR THIS PURPOSE, AND THE APPROPRIATION OF
INTEREST FROM THE GRANT MONIES; FURTHER AUTHORIZING THE
ALLOCATION OF MATCHING FUNDS, IN THE AMOUNT OF $383,244,
FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 001000.290301.6.050; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
was introduced by Commissioner Sanchez, seconded by Commissioner Winton, and was passed
on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
The ordinance was read by title into the public record by the City Attorney.
Vice Chairman Gort: My understanding, item 4, that was requested to be pulled
out because the Advisory Board would like to have more time. My
understanding is, we can still be within the time frame and we can have it back
here on the first meeting of February. Do I have a motion to defer?
Commissioner Regalado: Just a question, Mr. Chairman
Vice Chairman Gort: Yes.
Commissioner Regalado: Can we approve some items today as we go forward
with this process later on or -- when?
15 January 13, 2000
•
•
Commissioner Sanchez: Motion to defer. Motion to defer.
Commissioner Winton: Second.
Commissioner Regalado: I know that it's a motion to defer and I will support
it, but I'm asking if, independently, we can approve some items within the
framework of what it needs to be discussed by the board?
Ms. Gwendolyn Warren (Director, Community Development): I would refer
that to the City Attorney.
Mr. Alejandro Vilarello (City Attorney): Commissioner, of course, if -- you
would have to take up the item and discuss it or approve some and defer
everything to the balance of the -- the balance of it to the next meeting. But as
of right, you could consider some items today.
Commissioner Regalado: Okay.
Vice Chairman Gort: Okay. Any additional discussion? Being none, all in
favor state by saying aye.
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 00-19
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 4
(PROPOSED ALLOCATION OF $1,923,814 OF 25TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO APPROVED
PUBLIC SERVICES, HOUSING AND ECONOMIC DEVELOPMENT
AGENCIES) UNTIL THE FIRST MEETING OF FEBRUARY (PRESENTLY
SCHEDULED FOR FEBRUARY 10, 2000).
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
16 January 13, 2000
Vice Chairman Gort: I have a request of Item 9. It's Demetrio Perez, Jr., from the Board of
Directors School Boards. Are you here, Demetrio? Item 9. This is the Jose Marti Parade that we
help sponsor every year that would take place on January the 28th. Good morning, sir.
Mr. Demetrio Perez: Good morning, Mr. Chair, Commissioners, Mr. City Manager. This parade has
been held in the City for the past 25 years and the City of Miami has been gracious enough to
support and cooperate with us each year. This year the school system, the Miami -Dade County
Public Schools, is going to be providing some of the organization and we request certain help with
some logistical issues so that we can make this a reality once again for the community.
Vice Chairman Gort: OK. Mr. Manager.
Mr. Donald Warshaw (City Manager): Commissioner, we've been, basically, doing this parade for
years, on an on -duty basis, and subject to some insurance requirements and the fact that the School
Board Police assist doing it. And we don't have a problem with this.
Vice Chairman Gort: OK. Do I have a motion?
Commissioner Sanchez: So moved.
Vice Chairman Gort: Second?
Commissioner Regalado: Excuse me. What other costs...
Vice Chairman Gort: Is there a second? You second it?
Commissioner Teele: Second.
Vice Chairman Gort: Discussion?
Cominissioner Regalado: What other costs are we talking about here, besides the Police?
Mr. Raul Martinez (Assistant City Manager): Commissioner, there is a total of three hundred and
fifty-five dollars ($355) on permit fees, which the Commission can waive if it wishes to do so.
Commissioner Regalado: Well, I move to waive those fees, too.
Vice Chairman Gort: OK. That's part of the motion.
Commissioner Winton: Could I ask a question here?
Vice Chairman Gort: Yes, sir.
Commissioner Winton: And it's about precedent and policy, really. I've had a request from the folks
from the Goombay Festival to waive fees that the City charges for Police and Fire protection and
17 January 13, 2000
Sanitation and all that kind of stuff for the Goombay Festival and we haven't been doing that -- well,
I don't know if we -- for sure, whether we haven't been doing it in the past or not, but my sense is that
we haven't done it in the past and we're not planning on doing it this year. And, so, from a policy
standpoint -- and that's what I'm trying to understand. Because we have to give some reasonable
answer to all of the people who have parades and festivals in this community -- that where there is a
clearly, definable policy, that you can sit in front of somebody and really understand what you're
telling them and why you're telling them, and this issue here seems to not necessarily -- at least, to
my understanding, when I got here, was that the primary policy is that we wouldn't waive fees or we
haven't been waiving fees. So, could y'all help me understand what we're doing?
Commissioner Regalado: I think that...
Vice Chairman Gort: Sure. Just before you came into the board, we all decided that each one of us
should look into our neighborhood because there are certain events that take place within our
neighborhoods that benefits to the neighborhood. And we should...
Commissioner Regalado: One per.
Vice Chairman Gort: One per Commissioner. And we should go ahead and sponsor it. So, you
would have to decide, within your districts, which one will you sponsor. For example, in my
districts, I don't have any, so, I don't bring any here. But the other members do have. Any other
questions?
Commissioner Winton: Thank you. I understand.
Commissioner Regalado: So, that would cover my...
Vice Chairman Gort: Covers two of your districts, so you'll have to decide whose district it's going
to be.
Commissioner Regalado: Well, we'll share. It's Joe's...
Commissioner Winton: Half and half.
Commissioner Sanchez: No, that's...
Commissioner Regalado: It's Joe's district.
Commissioner Sanchez: I have two parades in my district. I have the...
Vice Chairman Gort: Three Kings.
Commissioner Sanchez: ...Three Kings Parade and, then, I have this parade.
Vice Chairman Gort: OK.
Commissioner Winton: Who gets Calle Ocho?
Commissioner Regalado: So, Joe...
Vice Chairman Gort: Any further discussion?
18 January 13, 2000
Commissioner Regalado: ...can waive other, if you...
Commissioner Sanchez: I've made the motion already.
Vice Chairman Gort: There's a motion and second. Any further discussion?
Commissioner Regalado: No, no. But we were talking, first, about the Police and the Manager
explained that they would be on duty and, then, they said additional...
Vice Chairman Gort: We amended that.
Commissioner Regalado: ...three hundred and sixty-five. So, it's amended.
Vice Chairman Gort: That's amended.
Commissioner Regalado: So, all the fees will be waived?
Vice Chairman Gort: Yes.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, Commissioner Teele.
Commissioner Teele: I think Commissioner Winton's point, though, is a point that we're still skirting
over and, that is, the Oversight Board has asked us, repeatedly, for a policy. We have not, to my
knowledge, put together a resolution that is comprehensive; although, we've requested the
management to do so. At the completion of this, I would like very much to support that there be a
clear policy, including in that policy would be a recommendation from the management of those
parades which are important to the well-being of the City, that are beyond this one Commission
policy. Because this is going to get ridiculous. We're talking about a parade now that's going to have
a cost of three hundred dollars ($300), which no one's going to argue. But how do you compare a
parade like this to Calle Ocho? I mean, you know, that just defies logic. Calle Ocho, the Three
Kings Parade, the Martin Luther King Parade, Orange Bowl Parade these are national events. These
are national parades. They're national activities. For that matter, even the King Mango Strut, which,
quite frankly, gets a lot of coverage on CNN from time to time. But I think we need to look at this
and understand that the business of Miami, again, is the business of bringing people here and getting
people outside to spend money, and we need a comprehensive policy that preempts or that the
management, working with the -- what's that department, Marinas and Parks and.
Mr. Martinez: Convention Facilities.
Commissioner Teele: That the management look, comprehensively, with the Media Department and
the various departments, and let's figure out -- I don't think we should ask Commissioner Sanchez or
myself to sponsor the Three Kings Parade or the Martin Luther King Parade. Particularly, if
somebody else is sponsoring a parade that has a cost of three hundred dollars ($300) in comparison
to thirty thousand dollars ($30,000). So, again, that policy, it needs to be reduced to writing and it
needs to be clear and it needs to be something that we approve and refer it to the Mayor and refer it
to the Oversight Board as a comprehensive policy. The policy we have in place now is a sort of
modified parade version of "Don't ask. Don't tell," where we all say one parade and we all wink and
nobody is supposed to say anything. But the fact of the matter is, a three hundred dollar ($300)
parade is a lot different from a thirty thousand dollar ($30,000) parade. And, you know, the Haitian
19 January 13, 2000
community has parades, the Puerto Rican community has parades and we really need to do that. I,
fundamentally, believe that the business of the City of Miami should be to enhance neighborhoods
and communities and to celebrate diversity, and I have a very liberal approach toward the support of
these parades, as long as they're -- it's a clear policy. So, again, piggybacking on what Commissioner
Winton is saying, we're sort of skirting over it again and it may not be on point, since we all appear to
support this. But I think we still need a clear policy. And, yes, the Coconut Grove Goombay
Festival is the largest festival in the United States of its kind and it certainly is the kind of festival that
should be supported.
Commissioner Winton: But your point is outstanding and, frankly, I would appreciate it if -- and I
don't know what the procedure is here, but I would love to see a complete analysis of all this business
and a clear-cut policy drafted that's in front of us. That's easier for me to do my job.
Vice Chairman Gort: Gentlemen, if you all recall -- and administration, I want to remind you of this
again -- we talked about we should send to the administration what we believe are the main parades
that should take place within the City of Miami and that should be put together and that should be
part of the budget so, we would not have any problems. That should be submitted. As I recall,
Commissioner Teele, that's what we requested from the administration. Identify the ones that we're
going to sponsor. Those that we're going to sponsor, make sure they become part of the budget, of
the City's budget, and bring it back to us. And I think we should recommend -- Calle Ocho, as you
all remember, it began with assistance from the City of Miami but today, thank God, Calle Ocho is
very -- it's self -sustained. It doesn't need any assistance and the contract; it pays full for all the
services. OK. All in favor of the motion state by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Any nays?
Mr. Martinez: And, Commissioner, if I may, for a quick second? Raul Martinez, Assistant City
Manager. Back, I think, in September/October, this Commission approved a resolution allowing
each Commissioner to approve one parade, per district, for fees. And let me explain that. There's
fees and then there's costs, you know. And fees are like permit fees. Cost is, if they hire forty
off-duty police officers, which cost the City money. The resolution didn't give the authority to do
that. It's just to waive fees. And fees are mainly about the same for every parade. Now, if there's
longer parades, instead of three hundred and fifty-five dollars ($355), it may be a thousand dollars
($1,000). But if they hire sixty police officers or if they hire ten firefighters, if they hire -- you know,
Solid Waste has to do a clean-up afterwards, those are costs that cost us money because we're
bringing in employees, off-duty, to do this on a Saturday or on a Sunday or on a holiday to do that.
So, you know -- so, there's a difference between fees, which are minimal, which means not income
come into the City versus costs that we have to pay out, in most instances, for off-duty officers. In
this instance, the Police Department has been doing it. It's a small parade and County Public Works
-- and County School Board provides police officers. At the same time, the Police Department has
been doing it on -duty so there's no costs, other than the permit fees that have been waived by this
Commission.
Commissioner Winton: So, if there are costs that the policy that you all just described doesn't impact
costs?
Mr. Martinez: Correct. It's just to waive the fees. You have to get a permit fee from the Police
Department and Public Works and so on and so forth. It's about a thousand dollars ($1,000), two
thousand dollars ($2,000), depending on the nature of the event.
20 January 13, 2000
Commissioner Winton: Thank you.
Vice Chairman Gort: OK. But at the same time, if this — we bring a policy to us, we make it part of
the budget, and it's sponsored by the City of Miami, I'm sure we can get the private sector to go
ahead and help sponsorit, too, and pay for some of the costs during the events. Thank you.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO -00-20
PENDING — LAW DEPARTMENT
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Note for the Record: Item 4 deferred to February IOth.
Vice Chairman Gort: Item 5, Mr. Carol Romine. By the way, the CDBG
(Community Development Block Grant) Board of Directors requested that they
would like to have more time to look at the proposal of the City that was
presented them, so that's going to come back to us on the 7th of February. This
issue will not be taken today.
Commissioner Teele: Is that a motion to defer?
Vice Chairman Gott: That motion was done with four, the board had requested
that they have -- they wanted more time and they wanted to have another public
hearing before they recommend to us, so it's going to be back on February the
7th.
21 January 13, 2000
Commissioner Teele: But isn't it on this agenda now?
Vice Chairman Gort: Yes. It was item 4.
Commissioner Teele: And we deferred it already?
Vice Chairman Gort: Yes, sir.
Note for the Record: Item 34 to be heard at 11:00 AM.
Commissioner Teele: Mr. Chairman, while you have the floor, may I
respectfully request that item number 34, I believe it is, be brought up at 11:00
or as soon as possible. We have a number of people here from Tallahassee that
are working in the Governor's office on this whole process. The State is going
to make a presentation, I think, out of courtesy to them, we can do that.
Vice Chairman Gort: No problem
Commissioner Teele: If the management is in agreement.
Vice Chairman Gort: We'll do that. We might even do it before
Mr. Donald Warshaw (City Manager): Right.
Vice Chairman Gort: Yes, ma'am.
Ms. Carol Romine: Yes. I'm Carol Romine and requesting the Commission the
ability to sale the alcoholic beverages once again this year. This is the 37t"
year of the festival, the Coconut Grove Arts Festival.
Vice Chairman Gott: Okay. Thank you, ma'am. I need a motion.
Commissioner Winton: So moved.
Vice Chairman Gort: Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: It's been moved and second. Discussion? Being none, all
in favor state by saying aye.
The Commission (Collectively): "Aye."
22 January 13, 2000
•
The following was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-21
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE
37TH ANNUAL BANK OF AMERICA COCONUT GROVE ARTS
FESTIVAL, CONDUCTED BY THE COCONUT GROVE ASSOCIATION,
INC., TO BE HELD ON FEBRUARY 19-21, 2000; AUTHORIZING THE
CITY MANAGER TO ISSUE A THREE-DAY PERMIT FOR THE SALE OF
ALCOHOLIC BEVERAGES DURING SAID EVENT IN THE AREA OF
MCFARLANE ROAD FROM SOUTH BAYSHORE DRIVE TO MAIN
HIGHWAY AND SOUTH BAYSHORE DRIVE FROM MCFARLANE ROAD
TO MAIN HIGHWAY, INCLUDING ALL STREETS, AVENUES, ALLEYS,
WAYS AND THOROUGHFARES WHICH INTERSECT SAID AREAS IN
COCONUT GROVE, MIAMI, FLORIDA; SAID AUTHORIZATION
CONDITIONED UPON THE ORGANIZERS: (1) OBTAINING ALL
PERMITS REQUIRED BY LAW, INCLUDING BUT NOT LIMITED TO A
TEMPORARY PERMIT TO SELL ALCOHOLIC BEVERAGES BY THE
FLORIDA DEPARTMENT OF BUSINESS REGULATION, DIVISION OF
ALCOHOLIC BEVERAGES AND TOBACCO, PURSUANT TO SECTION
54-13 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
(2) PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND
APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; (4)
INSTITUTING AN IDENTIFICATION PROGRAM TO ASSURE THAT
ONLY THOSE INDIVIDUALS OVER THE AGE OF TWENTY-ONE MAY
PURCHASE ALCOHOLIC BEVERAGES; (5) ADVISING ALL ADJACENT
BUSINESSES, PROPERTY OWNERS, AND RESIDENTS OF STREET
CLOSURES ASSOCIATED WITH SAID EVENT; AND (6) COMPLYING
WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED
BY THE CITY MANAGER OR HIS DESIGNEE.
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
Note for the Record: Item 6 was deferred, pending speech translation.
Vice Chairman Gort: Mr. Franklyn Zavala -Velez requested that we give time
23 January 13, 2000
certain because he needs to get someone from the county to translate for him
and so we're going to hear him at 11:00 o'clock.
Vice Chairman Gort: Mr. Richard Astrom. President of National Rehab
Properties.
Mr. Richard Astrom: Good morning. My name is Richard Astrom. I'm the
president of National Rehab Properties. I'd like to thank the Commissioners
and the City Manager for giving me the opportunity to speak with you today.
National Rehab is a real estate developer and a small publicly traded company.
I wanted to come and speak to you today because we are entering the plans
process of building two 60 -unit apartment buildings in the City of Miami. They
are mostly going to be two and three bedroom apartments. Very little upscaled
but not luxury apartments. We have purchased two pieces of land; one is at
5270 Southwest 8th Street, which is Southwest 8th Street just 52nd avenue. On
the north -- it's on the north side of the street. 5270 Southwest 8th Street, on
the north side of the street. So, it's in the City of Miami.
Vice Chairman Gort: Excuse me. What's the address again?
Mr. Astrom: On the north—it's on the north side of the street. 5270 Southwest
80' Street, on the north side of the street. So, it's in the City of Miami.
Vice Chairman Gort: No, 7270 should be on the south side.
Mr. Astrom: 5271, I'm sorry.
Vice Chairman Gort: Okay. Now you are right. Okay.
Mr. Astrom: Excuse me. Okay. Everybody's listening.
Commissioner Regalado: And I -- if I want -- I'd like to say something and ask
representative district four, I'd like to thank you for what you have done. What
we had there an eye -sore and there were homeless people living there, there was
drugs being sold there, and now the place is gone and we hope that we have a
very new building, which, by the way, we don't have any new construction in
Southwest 8th Street since several years ago. So, I thank you.
Mr. Astrom: Thank you. As you said, the building is now demolished. It was
an old motel and on that parcel we're going to build brand new apartment
buildings, 60 units. Going to be kind of upscale, the recreation building, and
the pool will be on the roof. We are also building a very similar building at
2270 Southwest 32nd Avenue, just south of Coral Way. On that parcel, there is
presently an old auto junkyard and a small little cafe. So, I think that we will
certainly be improving the neighborhood there. Aside from these two projects,
we are in the process right now of building 17 single family affordable houses
24 January 13, 2000
in the unincorporated area of Metropolitan Dade County. And for 11 months,
we have been waiting for building permits. That experience has brought me
here because I see that perhaps Metro -Dade County is too large an entity and
may be unresponsible to the needs of small projects and poor people. I wanted
to come and meet you today so that you would associate a name, National
Rehab, with a face, because we are coming in to build two projects. We are
bringing our own money in. We're not asking for any grants, no favors, no
variances, no zoning changes, no favors, at all. All we would like to do is just
build the buildings as rapidly as possible. I was raised in Miami. I went to
grammar school here in the City of Miami, I went to Miami Senior High
School. I graduated from the University of Miami. And I consider Miami to be
home. National Rehab would like to be a good corporate citizen. We've
participated in the sponsorship of projects, the Miami City Ballet, Miami
Children's Hospital, and the Banyon Art Festival. We are here. We would like
to do more successful projects here in the City of Miami, and we would like to
have a good relationship. Thank you very much.
Vice Chairman Gort: Thank you, Mr. Astrom. Especially, the comments that
you made about the building permits because that's something that we have
been working quite a bit in the City of Miami, to make sure we can expedite the
permits because we understand the interests that have to be paid while you are
waiting for those to come in. So, we really appreciate that. And you'll find us
to be very friendly City.
Mr. Astrom: Thank you.
Vice Chairman Gort: Thank you
Vice Chairman Gort: We're now ready to listen to Item 10. Adrienne Pardo. If
you all recall, this was the project that was in front of us and right on 4th
Street.
Ms. Adrienne Pardo: Hello. My name is Adrienne Pardo with law offices at
1221 Brickell Avenue. We are here today on behalf of the Miami River Park
Apartments. You recall, it was before you on December 14, with regards to a
special exception dealing with parking -- and I'm going to introduce Mr. Mark
Plonskier, who is the president of Gate House at this time. Thank you.
Mr. Mark Plonskier: Thank you. My name is Mark Plonskier. I'm president
of the Gate House Group. About a month ago -- almost a month ago to this day
we appeared before this Commission to receive what we thought was a routine
25 January 13, 2000
parking exception. What has occurred since that time has been anything but
routine. This Commission, on Commissioner Teele's initiative and seconded by
Commissioner Winton, did two things at that meeting. The first is the
Commission ,voted to deny our parking exception. The second is that the
Commission voted unanimously to direct staff to work with us to find the City
funding needed to cover the costs of redesigning the development to address
neighborhood and community concerns relative to historic Lumus park
neighborhood. Implicit in your action was a clear message. The public hearing
process must be respected in the City of Miami. Both sides, the preservation
community and the developers, were very skeptical about our ability to arrive
at mutually acceptable redesign. But both parties agreed to work in good faith
to try. I'm pleased to report to you that we have reached an agreement on a
redesign Miami River Park Development. Many members of the preservation
community, including representatives of the Dade Heritage Trust, Ms. Arva
Moore Parks, the Miami River Commission, as well as representatives from
Miami -Dade County, City staff, notably, Sarah Eaton, spent many, many hours
working with us on these plans. They have all been terrific. I'd like to now
introduce David Canepani, who is a principal of Gate House Group, to show you
what we have accomplished.
Mr. David Canepani: There are two key elements --
Vice Chairman Gort: Excuse me, sir. You have to give your name and speak
into the mike. And are you a registered lobbyist? ,
Mr. Canepani: No.
Vice Chairman Gort: Excuse me?
Mr. Canepani: David Canepani, Gate House Companies. There are two key
elements to this community, and I'm going to deal with the south parcel first.
Vice Chairman Gott: Excuse me, sir. You have to give me your address also.
Mr. Canepani: Oh. Boston, Massachusetts. 313 Congress Street, Boston,
Massachusetts.
Mr. Canepani: Okay. As an originally proposed, the south site was to include
one building with 24 apartments homes, and as basically as designed here.
There are three significant historic homes on this site that were originally
proposed to be demolished. Through these series of meetings and redesigns
that occurred, a detailed plan of mitigation was arrived at, which includes not
only preserving four of the homes but ensuring that three of them become part
of the development. These two existing homes will remain in their current
location, be redesigned. The home that is here, which is a relatively small one,
will be moved and relocated on the corner of third and fourth and the
significant home that is on the north site will actually be moved in these three
homes will end up having five apartment homes within them. The 18 unit
building, which was originally 24 unit building, was redesigned, parking was
placed in the rear, and it was redesigned to reflect the historic character of single
family neighborhood. So, this view down here will show you one of the
26 January 13, 2000
restored homes, as well as what the new building will reflect, and it will have
entrances right on fourth, as well as balconies. The north parcel, where the
high-rise was to be located, this was the original plan with the parking, the
parking on this plan show reflected the variance that we were seeking on our
last meeting. And this has also been significantly redesigned to reflect -- yes.
And what we've done, we've increased the parking to make sure that we meet
the requirements of the City with the historic and preservation people's input,
we are actually creating five town houses on the front of the parking garage.
Not only shield the parking lot garage from view from the street, but also to
give it more of a residential character. As you can see, a lot of detail has gone
into changing in these town houses to make sure they look as part of
neighborhood and as part of single-family neighborhood. The tower went --
also went through a major redesign. What we've done is changed all the windows
in the property. The original windows are relatively standard, horizontal.
Where we've gone to all vertical windows, as well as indentating the building
and making significant changes to the roofline. But the most important changes
that have taken place have been basically on the three first floors where we've
created again to blend in with the single family nature balconies, new
entrances. All of which has lead to a pretty unanimous decision on where we
are on the community. And I just quickly show you the revised site plan. This
is the south site with the three homes, the newly designed building. This
becomes the north site; you can see the brand new town houses here. The
entrance to garage is no longer on fourth. It's now going to be on 4th Avenue.
And, also, significant work was done with landscaping. A big concern of the
neighborhood was the sure we had canopy of oak trees, which is also reflected
here. So, we're very pleased with everybody's efforts and I think we have ended
up with a much, much better community.
Vice Chairman Gort: Thank you, sir. Is this in front of us a report?
Mr. Canepani: It is.
Vice Chairman Gort: My understanding is the motion that --
Mr. Donald Warshaw (City Manager): Let me explain a couple of things.
Vice Chairman Gort: Yes.
Mr. Warshaw: There are several issues here. Number one, it's not before you
for special exception changes or variances, which they will have to come back
at future, a Commission meeting for. The staff commends the group as to what
they've done in terms of the redesign. I think why they are back is the
Commission directed us to work with them to see if there would be any eligible
historic preservation funds, which there are not. The problem is the redesign has
costs associated with it. I don't want to speak for them. I think it's in the area
of two million dollars ($2,000,000). Of course, we don't have that money. So,
the problem is how are they going to get to where they want to get absent that
two million dollars ($2,000,000), based on the redesign? I'm not really sure.
Maybe they want to address that.
Mr. Plonskier: Could I address that, Commissioners? We've met with staff to
27 January 13, 2000
identify the additional funding sources needed to cover the added costs as was
directed in your previous motion. The cost total two point three million dollars
($2,300,000), of which about three hundred and twenty-five thousand covers
the costs of moving the historic housing, setting foundations, and acquiring an
additional lot, and displacement of parking caused by preserving the houses.
About seven hundred and seventy-five thousand covers rehab costs, about five
hundred and seventy-five thousand covers added facade and town house
construction on the north site. And about six hundred and fifty thousand to
cover the additional parking caused by the need to meet 100 percent of the
parking requirements. This funding, together with the previously allocated
funds from the City, is less than 15 percent . of the total funding for this
development. We've identified two sources from the City and would ask for
your support. One is a one point six million dollar ($1,600,000) grant of
HOPWA (Housing Opportunities for Persons with AIDS) funds for six HOPWA
units. Two, seven hundred thousand dollars ($700,000) from the current
consolidated funding cycle. And the third action that we would ask is to
authorize the City Manager to execute all contracts and expedite the execution
of those contracts and the permitting process and take all other action necessary
to bring the development to fruition because timing now is extremely critical
and these tax credits will expire if we don't begin construction almost
immediately.
Commissioner Sanchez: Mr. Chairman, if I may?
Vice Chairman Gort: Yes.
Commissioner Sanchez: Did I hear that correctly, HOPWA money?
Mr. Plonskier: HOPWA
Commissioner Sanchez: Can that money be used for that?
Ms. Gwendolyn Warren (Director, Community Development): That HOPWA
funds can be used in association with rehab for.the .use of HOPWA clients. The
amount that we're talking about might be a little -- is a little excessive. We
would have to look at that. But, yes, rehabilitation is an eligible activity under
HOPWA.
Commissioner Sanchez: Isn't that money directed to assist the housing for
people with AIDS (Acquired Immune Deficiency Syndrome)?
Ms. Warren: Yes, sir. And it's -- so the assumption would be HOPWA clients
would occupy the dwellings, if, in fact -- or a portion thereof -- if, in fact, it was
used as leverage on this project.
Commissioner Sanchez: So, you would house --
Vice Chairman Gort: Question
recommendations on this?
Ms. Warren: No, we -do not.
Does the administration have any
28 January 13, 2000
Vice Chairman Gort: Okay.
Commissioner Winton: So, what do they need to do? They have a time
sensitive issue here, which is the tax credit that they have already received.
While this additional money is a big question mark, I think that -- and I was
one of the ones who voted against this project at the last meeting for a whole
lot of reasons, including the parking variance issue, and I think that the fact
that the developer has spent the time and this doesn't get done without real
money being spent also redesigning this project and meeting with the folks from
historic preservation leagues and others, and I think that they have responded
really pretty admirably here. So, given the fact that they have this time
constraint, I would like to see us give them some guidance, not just kind of
leave this thing hanging here. Let's give them some guidance in terms of what
we can do and what we can't do and how we can get it done.
Ms. Warren: Mr. --
Commissioner Winton: And I don't know if we can get all the money, but let's
at least give them guidance to -- until some decisions come forth.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Commissioner.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: I really would like to hear from Ms. Jude or anyone that
is here that was a part of historic negotiations or discussions from the state
historic -- I mean the City historical director, planning director or someone who
was a part of the discussions regarding the nature of the neighborhood and the
character of the neighborhood. Madam director, we've heard from the
applicant. Are you all basically comfortable with the compatibility of the project
with the neighborhood now? And I -- particularly, the considerations and
concerns that were expressed regarding the historic preservation components of
it.
Ms. Ana Gelabert (Director, Planning & Zoning): Yes, we are. The applicant
has done some major work and they have taken care of our concerns, as far as
the historic preservation on the south site and on the north side, which we had a
concern on the height of the building, how that would be treated on the ground
level. They have also addressed that. So, yes, they have.
Commissioner Teele: And on the issue that brought about the controversy, the
parking. The applicant has indicated that they are now meeting substantially
all of the parking requirements, which, as I recall, they were seeking a variance
of about 30 percent a reduction of 30 percent of the --
Ms. Gelabert: They have met the parking on the north site and we were
29 January 13, 2000
discussing on the proposal that would come on the south side. They would still
have to go through 25 percent and a variance to -- they would not be able to put
the parking on the south site. It is my understanding that they would be able to
provide it on the north side. So they would still have to go through a process
of requesting a variance, but the parking spaces would be provided. It's just --
Commissioner Teele: But the parking spaces would be provided?
Ms. Gelabert: Would be provided, exactly. They would be off-site, but they
will be provided. So, that would satisfy our concern.
Commissioner Teele: Well, I mean, I want to -- there were three or four separate
issues. There was the parking issue, which was the issue before us; there was
the historic preservation issue, which was raised, and then there was the
compatibility and the design issue, which, architecturally, I have no knowledge of
what's a beautiful design or a good design. So, I -- but that was the issue I
think Commissioner Winton raised, if it's being suggested -- certainly, the first
two are very, very clear. I mean, you either have 100 parking places or you
have 50 or you have 99 and so, numerically, they are meeting the parking. If I
may, Mr. Chairman, I have heard from a number of people around the country,
the Reverend, Dr. Kishner, who is the assistant secretary of HUD (Department of
Housing and Urban Development) in the Reagan administration, who I was
privileged to serve with, has called me on the project. He's like many of us, he's
found his way now. He's pastoring. I did not know (Jerald as a pastor. It's still
hard for me to think of him as a pastor. But he apparently has had tremendous
experience in Palm Beach with the City there and with the gateway and so, I
wanted to put on the record that what the previous developer came up and said,
is that there are a lot of good developers who just really want an opportunity to
work with the City or work with local government. You don't always get that.
I'm really encouraged with what the Planning Department and the Development
Department have reported back in terms of the positiveness ofthe developer and
the team in really just trying to figure out how do we solve the problem, as
opposed to going around the nation complaining or going around the community
complaining, which we hear much too much, particularly from our own local
people. I'm more encouraged by the positive movement than the project, to be
very candid. Because I'm really concerned about making sure that
Commissioner Winton is comfortable with the district because he represents the
district. In accordance with the request of Commissioner Winton, I would
therefore move that a public hearing be established at the next meeting, that is
legally permissible, with notification of whatever the available HOPWA funds
are, and let's have a full public hearing. Let's make sure that, in the notice, the
public hearing includes that -- the area includes a historic area and put in some
notice of a historic area. And the only thing that I think we can do is basically
to instruct the staff to schedule this for a public hearing at the next meeting.
Only available HOPWA funds, funds that may be we have a written request I
suppose, or we have an oral request for 1.6. And I think that the first step is to
determine what's in the pot, what's in the pipeline, what's really available from
HOPWA funds. That will give the applicant and the Manager the opportunity to
sit down and negotiate and to work and they can sort of -- then we would have a
memo from the Manager that gives us our options. But I think, legally, number
one, we can't do anything in terms of directing or giving out HOPWA funds
30 January 13, 2000
because there has been no public notice. Number two, we don't have a
Manager's memo here today that recommends that or doesn't recommend it or
does anything like that. And we certainly want to let the process catch up. But
to the extent we can do it on an expedited basis, it would be my motion that,
subject to the Manager's input now, that we schedule this item for a public
hearing for the proposed use of up to 1.6 million dollars ($1,600,000) of
HOPWA funds subject to the Manager's recommendation and subject to public
process. Mr. Manager, would you be comfortable with a process like that?
Vice Chairman Gort: There is a motion. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion. Mr. Manager?
Mr. Warshaw: Yes, sir. Okay. And, yes. We will expeditiously check with
HUD to ensure appropriate eligibility, and I think the City Attorney wants to --
Vice Chairman Gort: My understanding, one of the reasons we deferred item
four of the CDBG (Community Development Block Grant) was to give the
board of director an opportunity to have another public hearing, so maybe that
you could take it up, too. Now, my question is -- I don't know if this year's
allocations will be able to fit there or if next year's allocation will do the same
and that's something that you need to look into it. Okay.
Ms. Warren: Yes, sir
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, one point that I want
to make sure that it's clear on the record -- and I know the City Commission
understands this, that whatever -- and I want to make sure the developer
understands this -- whatever the City Commission decides to do with regard to
funding, has no'.impact with regard to any zoning application or special permits,
which you would have to go that process and the City Commission would make
an independent decision at that time based on the evidence presented to them.
Mr. Plonskier: We absolutely understand
Vice Chairman Gort: Okay.
Ms. Warren: Mr. Chairman?
Vice Chairman Gort: Yes, ma'am.
Ms. Warren: Just again for the record, I just wanted to again remind the
Commission that the HOPWA funds do not go through the community advisory
board process. They go through the HIV, the partnership and that housing
subcommittee, which is co-chaired by Mr. Sanchez, would have to review the
project then make a recommendation. There are ample funds in this year's --
that are available funds. The issue at hand here is the leveraging and the
amount of monies at the proposed price that we're talking about for rehab,
We're looking at about 600 -- three hundred thousand dollars ($300,000) a unit.
31 January 13, 2000
• 0
That's not -- so we're going to have to figure out some other leveraging
requirement. We can do that with HUD. I am going to meet with them on the
18th and then we would notify you of a scheduled public hearing after that.
Commissioner Sanchez: And, Mr. Vice chair, that's a concern that I have when
it comes to HOPWA money. I want to make sure that all the rules and
regulations are followed and make sure that the money is going toward that,
which is designed for that.
Ms. Warren: And we will expedite this.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gott: Yes, sir.
Commissioner Teele: I want to just caution staff and the public on one thing.
The national priority in both Community Development and in HOPWA and in
HUD is historic preservation. The leveraging of dollars, which I fully
supported -- in fact, I -- the City has a standard right now that's too low for
leveraging of Community Development funds with non Community
Development funds. I mean, we filially got a standard. That standard is about
what, four to one now?
Ms. Warren: Yes, one to three.
Commissioner Teele: Three to one. It ought to be up to around eight to one,
seven to one. But when it comes to historic preservation, I don't think -- 1
think leveraging issues certainly consistent with the way the federal rigs are
written, which provides, as you know, one to one as it relates to historic
preservation, even private uses, commercial use, such as a sports bar, those rigs
are written totally around the historic preservation component. And I would
just hope that, while I encourage the management to look closely at leveraging,
I certainly think that leveraging is not an appropriate criteria as it relates to
historic preservation. As it relates to the project, that's a different thing. The
other thing is this. I would note Commissioner Winton, to you., that the project
that we funded with two million dollars ($2,000,000) of Community
Development funds, which still is the most bizarre funding that, I voted for,
was originally a HOPWA fund. That's the Nathan Rock, two million dollar
($2,000,000) grant. Not a loan but a grant for housing downtown and that's
one of the reasons why the HOPWA funds, which were previously committed to
that project, they took it out and I think that's the point that Commissioner
Sanchez is making. Again, is that we need to make sure that this is a real
HOPWA commitment and not a HOPWA commitment to get us funds and then,
in a month, we'll come back and hear the flip from HOPWA to CDBG or
HOPWA to some -- to HOME (Home Invested Partnership Program) funds and I
know that you wouldn't do that. I certainly don't mean to impugn that you
would. But we've had that history before and I just waist to put it on the record.
Vice Chairman Gort: Okay. Do we have a motion? Is there a second? Further
32 January 13, 2000
Mr. Plonskier: Could I make one brief --
Vice Chairman Gort: Yes, sir
Mr. Plonskier: I apologize, Commissioner. The cost of two point three million
dollars ($2,300,000) was to -- we were looking at two potential sources, one
was the HOPWA funds for perhaps one point six million ($1,600,000). The
reason that we came up with one point six million is, in fact, directly related to
what Commissioner Sanchez and Teele were referring to, which is, we've
reviewed those regulations. There are only certain costs, which were eligible
and those would be the costs that we would look for. In addition to that --
Vice Chairman Gort: Sir, my understanding is the motion is for staff plan --
Mr. Plonskier: -- the seven hundred thousand dollars ($700,000) --
Vice Chairman Gort: -- to sit down with you and try to work it out. OK?
Mr. Plonskier: Okay.
Vice Chairman Gort: Thank you. Any further discussion?
Commissioner Teele: Could I just real quickly. Where is the HOPWA
component that you're looking at -- are those the historic homes that -- are you
going to use those as the frontage for the parking?
Mr. Plonskier: Yes. The funds would be used for the rehab component and
related costs.
Commissioner Teele: Which is the historic rehab components?
Mr. Plonskier: Yes, sir.
Commissioner Teele: And I think a memo and a discussion with federal HUD
will provide a lot of light, especially when this is the clearly historic rehab.
You know, we've got a lot of issues and the issue are we haven't designated
those as prehistoric -- I mean, the City hasn't designated anything as historic,
and we need to do that, like the fire station and some of these other things that
we have.
Ms. Warren: Again, Commissioner, absolutely agree. Just wanted to, again,
for just a point of getting some more feedback from the Commission, HOPWA
has no historic preservation designation. CDBG and HOME do. HOPWA is
specifically for housing of persons with HIV or HIV infected. It is not a
housing development issue. So, we can look --
Commissioner Teele: Is it a HUD funded agency or department of health and
services?
Ms. Warren: It's a HUD funded agency with specific housing criteria. And,
again, I just want to -- I'll look -- I'll take .it and I'll aggressively pursue it with
33 January 13, 2000
•
HUD, but there is no historic designation for HOPWA funds.
Mr. Plonskier: There is also no leveraging requirement in HOPWA. I
apologize.
Ms. Warren: No, it's not.
Vice Chairman Gort: Excuse me, sir. You're out of order. There is a motion. There further
discussion? Being none, call the roll.
Commissioner Teele: The motion is for this to go back with the public hearing
immediately to involve the various committees, including Commissioner
Sanchez' committee.
Commissioner Sanchez: HOPWA Board.
Commissioner Teele: And the HOPWA Board or whatever they are, and to
return it back here as soon as timely and feasible within a short period of time.
Thirty days, something like that. Is that the motion? Is that what we are voting
on? Yes, sir.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-22
A MOTION DIRECTING THE CITY MANAGER TO CONSULT WITH
OFFICIALS OF THE U.S. HOUSING AND URBAN DEVELOPMENT
(USHUD) DEPARTMENT AND HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) BOARD RELATED TO ELIGIBILITY
FOR USE OF UP TO $1.8 MILLION IN HOPWA FUNDS IN CONNECTION
WITH PROPOSED MIAMI RIVER PARK APARTMENTS DEVELOPMENT;
FURTHER INSTRUCTING THE MANAGER TO SCHEDULE A PUBLIC
HEARING AT THE EARLIEST POSSIBLE TIME WITH NOTIFICATION AS
TO THE AVAILABLE HOPWA FUNDS AND . FURTHER NOTIFICATION
REGARDING THE HISTORIC NATURE OF THE AREA OF THE
PROPOSED DEVELOPMENT OF THE MIAMI RIVER PARK
APARTMENTS; FURTHER DIRECTING THE MANAGER TO BRING
BACK A WRITTEN RECOMMENDATION ON SAID ISSUE.
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you. CDBG funding, if you are here, it was
34 January 13, 2000
C
postponed for February the 7th, so you have knowledge of it. The advisory
board requested to have another public hearing.
Commissioner Teele: Mr. Chairman, I just want to ask...
Vice Chairman Gort: The Advisory Board is going to have another public
hearing, and you need to be advised of it.
Commissioner Teele: Reverend White, I didn't understand the point you were
making, please.
Reverend White: We do have a concern, Commissioner, about the timeline. If
we don't move, we are going to lose the tax credit. This is a tax credit project.
And we understand and we appreciate everything that you are doing. We
appreciate all the help that you are giving and we appreciate the collaboration
with the City and this project. We do want to help you be mindful of the fact
that there is a timeline, and it's critical in the development of this project.
Commissioner Teele: But you do know that we can't move dollars until there is
a public hearing. I mean we legally cannot move any dollars until there is a
public hearing process.
Reverend White. We understand. We understand.
Commissioner Teele: Again, thank you.
Mr. Warshaw: The first meeting in February, for the record, is the 10th.
Vice Chairman Gort: The 10th, okay. Thank you. Sorry.
Vice Chairman Gort: Eleven.
Ms. Laura Billberry (Director, Asset Management): Item 11 -- Laura Billberry,
Asset Management. Item 11 is an item that the City has been trying to develop
public /private partnerships to enhance cultural, recreational and educational
activities in City parks. And this ordinance would allow the City to award
contracts to non-profit agencies, providing these services without competitive
negotiations, subject to written finding by the Manager that it's -- competitive
negotiations would not be advantageous or practical and that finding would
have to be ratified by a four-fifths vote of the Commission.
35 January 13, 2000
Vice Chairman Gort: Final approval is by the Commission by four-fifths vote,
right?
Mr. Donald Warshaw (City Manager): Yes.
Ms. Billberry: Correct.
Commissioner Sanchez: I have a question.
Commissioner Teele: Mr. Chairman, this is an ordinance that I requested.
Again, I don't know why we're doing it as an emergency. Is this an emergency
ordinance?
Mr. Alejandro Vilarello (City Attorney): It is presented to you as an
emergency ordinance. Certainly, the City Commission can consider it --
Commissioner Teele: Mr. Chairman, again --
Mr. Vilarello: -- not on an emergency basis.
Commissioner Teele: -- I really want to get this done, but I really don't think
we ought to do these as emergencies. So I would -- at the appropriate time, I
would move this for discussion as a regular ordinance, and I also would like to
ask some questions about public notice and those kind of things that I would
like to ensure are written in here, into this ordinance. But I would move this
for purpose of discussion for first reading at this time.
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded.
Commissioner Sanchez: Discussion.
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: What are the limitations for this? That would be non-
profit organizations dealing with recreational --
Ms. Billberry: Cultural and educational activities in City parks. The City --
the Parks Department has been developing various activities, such as the
Virrick Gym, with the Shake -a -Legg and the YMCA. There is Hadley Park, for
example, with Inner City Dance, and they have been working to develop these
programs. The reason we had presented it as an emergency was strictly to try
and get some of these people on board to help in the design process to get these
projects on board and going.
Commissioner Sanchez: And what has been the concern in the past from the
administration is that sometimes you don't get three individuals to bid for the
service and this would cut red tape and could down time to proceed with the
process. Would that be the intent of this administration?
36 January 13, 2000
Ms. Billberry: In many cases -- and Al Ruder can maybe expand upon this -- it
is not easy to find agencies that are going to want to provide these types of
services, so it is not easy to find people that are willing to bid and negotiate
with us and a lot of time these are even agencies that may come to the City with
an idea that want to provide a service to --
Commissioner Sanchez: But I want to be sure that these are non-profit. That's
the key word here. That these are non-profit organizations that are going to
provide the service for our parks or recreational areas.
Vice Chairman Gort: Commissioner, the most important things that we need to
understand, nothing is approved unless it's four-fifths vote of this Commission.
So everything has to come to us. The buck stops with us. OK?
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir. Commissioner Teele.
Commissioner Teele: When we originally discussed this, what we talked about
things were adopt a park, as well. Now, I've heard Commissioner Sanchez'
concern. I candidly have a different concern and that is, I would like to see an
ordinance come forth on a separate track that allows for adopt a park by a -- for
a profit corporations. I mean, the whole idea here is this: We've got hundreds
of parks. We don't have any money to run them. We've got every park in Little
Haiti. There is not one park in Little Haiti that has a full-time staff person in
it. If you take out Athalie Range Park, which is really not in Little Haiti but
it's on the east side of the boulevard. Is that a correct statement? Between
Biscayne Boulevard --
Mr. Albert Ruder (Director, Parks & Recreation): Yes.
Commissioner Teele: -- okay. So, we've got -- but, yet, we've got places like —
what's the thing on 2nd Avenue and Fifth -- the park there that -- highly used the 54th Street Boys or 56 Street Boys took it over, the Police Department.
We've got parks all over the City that don't have sponsorship or anything. I
would like to see an American Airline or a Norwegian or Carnival Cruise Line
adopt a park.
Vice Chairman Gort: Or Delta or United. I mean they are all welcomed to come.
forward.
Commissioner Teele: Or Delta or U.S. Air or any of them. And I think, you
know -- again, I'm all for not for profit but it seems to me that the only for
political profits that get control of parks are the ones that are politically
connected for reasons. And there are parks in this City that have management
agreements that have relationships that are for profit entities. The Melreese
Golf Course is one. And the problem is, what's wrong with designating non-
premium parks, if you will. I'm not talking about the premium parks. I'm not
talking about a Hadley Park necessarily, but there are community parks in all of
these communities that we can go get a dry cleaners or a Winn Dixie and I don't
think there is anything wrong with that, as a management agreement, and so, I
37 January 13, 2000
really would like to hear from you, Commissioner Winton, or Commissioner
Gort --
Vice Chairman Gott: I agree with you 100 percent. I think all of us agree with
that. If we can get someone in the private sector to come in and improve our
parks, there is no reason why they should not have the name. And that's the
best marketing they can do.
Commissioner Winton: And, you know, it seems to me that what we have to do,
though, so that we guard against the future takeover of our parks in that regard,
is have very strict guidelines as to what adopt a park really means. And if we
have that, then --
Vice Chairman Gort: Maintain and keep it clean and have activity.
Commissioner Winton: Right.
Commissioner Teele: Well, Mr. Attorney, I don't want to amend this because I
think that's sort of a separate issue. But, again, the context of this was a two -
prong context. It goes to this non -for-profit and everybody knows that any
corporation who wants to go in and do what can be done for a profit, we'll set
them up. I mean, for years there were organizations -- one of them was called
paste. Was it Pace (phonetic)? Pace (phonetic) was a shell that was used. I
mean, you know, so let's be honest with the public and ourselves. There is
nothing wrong with the private sector, Mr. Attorney, having a management
agreement with specific safeguards, and I would appreciate if you would
provide that ordinance. I think they should be non -waterfront parks, okay.
They should be smaller community parks. It should be subject to the Parks
Advisory Board's recommendation. But there is nothing wrong with getting the
private sector involved. We do it with Optimist, you know, and I just think we're
missing a real opportunity by creating some artificial barriers.. I don't want to
commercialize parks. But I do think I want parks to be used. And,
particularly, if somebody is going to come in and do it and you know, we ought
to talk about signage and all of that. So, I'm supporting this but I'm still
calling for an ordinance that provides for management agreements that can be
year-to-year or short term. But we need to try to involve commercial activities
in our neighborhood parks. And it could be limited to neighborhood parks. Do
we have, Mr. Director, a clear classification of parks in the City? Do we have -
Mr. Ruder: Yes. We have like you said neighborhood parks, community parks
and I do -- we don't disagree with your comment. .
Commissioner Teele: Do we have a classification system of parks, a formal --
Mr. Ruder: We have one. I think it would be something we would want to
look, you know, with the Parks Advisory Board, review it once again. But we
do have a system right now. I do want to say that we do agree with your
creating an ordinance, but we have been forming a lot of partnerships with
private organizations like Nike, who have done courts for us. We're just
bringing them to you on an individual basis. Nike has done over --
38 January 13, 2000
Commissioner Teele: But, see, Nike is a for profit corporation.
Mr. Ruder: That's what I mean. We've been --
Commissioner Teele: And I'm in support of that, but I don't -- the way I read
this, unless Nike goes out and creates --
Mr. Ruder: No, no.
Commissioner Teele: -- a non -for-profit shell --
Mr. Ruder: This is a separate issue. I'm saying we agree with the fact that an
ordinance can be created but, at the same time, we've been doing a lot of
partnerships over the years and bringing them back to you on an individual
basis with for profit companies like Nike, Warner Lamp Berg and a whole
bunch of other companies.
Vice Chairman Gort: I think the for profit, and the non profit, they can work
together but I agree, Commissioner Teele, you should come back with an
ordinance and you should work with the Law Department to make sure you put
the criteria in the guidelines so we can follow it.
Mr. Ruder: Sure, we have no problems.
Commissioner Teele: Mr. Chairman, with Commissioner Winton's approval,
since he seconded it, since this is only not for profit and since you all are
representing that you've got a series of agreements in the -- I know shake a leg
and -- and you need this legally -- I would be willing to make this an
emergency ordinance for the purpose of moving that, but not for the purpose of
avoiding a public hearing and all of that.
Mr. Ruder: Well, each one has to be brought back to you in a public hearing
anyway and advertised.
Vice Chairman Gort: Mr. Cruz.
Commissioner Teele: Under this, each of these agreements would also be
subject --
Mr. Ruder: Yes, by a four-fifths vote.
Mr. Warshaw: That's correct.
Vice Chairman Gort: Yes, as a four-fifths vote. Yes, sir.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 street. As Inaudible I'm
going to stay, when Mr. Teele was inaudible, I was coming here to fight for the
parks. When Mr. Ruder was an assistant to the City, I used to come here to
fight for the parks. So, I know a little bit about parks. And what you say is
right because I go to -- like example, I used to pay a hundred dollars ($100) to
39 January 13, 2000
the City of Hialeah as a non resident permit for my children to participate in
organized activities and we went past Allapattah- Comstock. It was a good
park. A physical plant. It was perfect. It was no problems. And that's at the
time it was a different -- was Parks Department and Recreation Department.
Inaudible and other inaudible. And nobody was doing anything. Just big
salaries and all that. The reason I come here, I want 'to know a question too about
this. Non-profit, what about the academies. What's going on there? Because I
have many people complain to me, the children in any neighborhood, can't
participate in Juan Pablo Duarte Park now, former Allapattah- Comstock,
because they don't have the fifty dollars ($50) it takes or the uniform money or
whatever, because everything there is controlled by the academy. And the same
thing, you go to Grapeland High, the same thing happening. Why? That parks
belongs to the community, to the citizens and you know why so much problem
too with the parks and inaudible Because the Parks Department was
internalized. Years ago by the Police Department and the Fire Department it
was inaudible and instead of taking loan inaudible, they work for the
inaudible. They .went -- instead of eliminating the root causes of crime, they
went for this short sometime and they didn't hire inaudible citizens against
crime. Money was given to them and they where -- the Police Department was
forced to hire people fast. And then what happened to the river cops? We still
paying for that and the City image on that. And you know, why we going to
given inaudible take care of the parks there. I don't know this non-profit
because a lot of people make profit. I say quote non-profit unquote and I.like
to know exactly what's going on here.
Vice Chairman Gort: Thank you. Yes, ma'am.
Ms. Mary Hill: Good morning. My name is Mary Hill and I want this
documented again to the Clerk. I am chief executive founder -- chief executive
officer and director of Economic Opportunity Action and amendments of 1962
all the way to 1967, November, HR 114-42-01/14/2142-1142 signage of law,
November the second, 19/23/72 give me the right as a private sector with no
company to deal with these issues and what I'm still hearing here is dragging
the feet and putting it off and we know we rubber stamping red ink spending
and we need to correct this. I hear labeling. You don't even know what is
under these laws until you deal with me, the founder, your dealing with every
one else but the founder.
Vice Chairman Gort: Ma'am, we're not addressing CDBG right now. This item
is on parks.
Ms. Hill: This is not -- I hear labeling under monies. And according to hope, I
have spoke to HUD national office and I know that name is there, okay. And I
know what is the going on. I'm not in this dark. I'm not in the dark. And this
is away to ignore right now because you know this is not right what you are
doing and why put it off. I think it's dragging your feet. Not to come through
Mary Hill. You're not dealing with me. Your keeping me on the outside
looking in while your putting it off and putting it off and you know this is not
right, the red ink spending.
Vice Chairman Gort: Thank you. Okay. Call the question.
40 January 13, 2000
•
•
Mr. Ruder: Commissioner, on the youth groups that Mr. Cruz brought up, we
are in the process of gathering information on these groups. They've been in
this City's parks some of them for 25 or 30 years. You all know them. And not
only includes the academy --
Vice Chairman Gort: I understand they providing service. But one of the things
we request requested is that they provide scholarships for those people who
cannot fund it. Okay.
Mr. Ruder: They do. That's part of their question --
Vice Chairman Gort: And I can understand -- okay. Thank you. So, make sure
you talk to Mr. Cruz and you inform him about that. And maybe Mr. Cruz can
help you get a sponsor for the uniform. Call the question. Call the roll.
An Ordinance Entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING SECTION 18/ARTICLE III OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/PURCHASING
AND CONTRACTS GENERALLY", TO ALLOW SERVICES RELATED TO
CULTURAL, EDUCATIONAL, RECREATIONAL OR PARK ACTIVITIES
PROVIDED BY NON-PROFIT ORGANIZATIONS WITHIN CITY PARKS
TO BE AWARDED WITHOUT COMPETITIVE NEGOTIATIONS; MORE
PARTICULARLY BY AMENDING SECTION 18-80; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Teele and seconded by Commissioner Winton, for adoption as
an emergency measure, and dispensing with the requirement of reading same on two separate
days, was agreed to by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None.
41 January 13, 2000
•
L�
Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner
Regalado, adopted said ordinance by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11878
The ordinance was read by title into the public record by the City Attorney.
Vice Chairman Gort: We have with us Senator Ron Silver. I'd like to recognize
you at this time. I understand you are on item 13?
Commissioner Sanchez: What item is his?
Vice Chairman Gort: Thirteen.
Mr. Ron Silver: Thank you, Mr. Chairman. I represent the City of Miami
General Employees Sanitation Empl.oyees Retirement Trust, and we have put
that item on the agenda. Our investment advisor has recommended that we
pursue this course of action.
Vice Chairman Gort: This is second reading. We passed on first reading.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any discussion?
Commissioner Teele: Mr. Chairman
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Mr. Chairman, why does Mr. Silver always have such a
concerned look when he comes before us? You normally are such a happy go
42 January 13, 2000
lucky, wonderful, out going --
Mr. Silver: Well, thank you, Commissioner Teele. I guess I'm concerned
because I always want to make sure that I'm serious about the topic that I have
before us, and also that the legislative session is about to begin and I want to
make sure that we are in line with that, and your desires.
Vice Chairman Gort: I have a question. My understanding, is one of your
requirements is -- if any of the money managers do not perform within 95
percent of the meeting, they are automatically fired. So, this would be adjusted
to this also?
Mr. Silver: It will be subject to this also.
Vice Chairman Gort: They will be subject to this also. Okay.
Mr. Silver: That's right. Exactly.
Vice Chairman Gort: Any further discussion? Read the ordinance. Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION
AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES'
AND SANITATION EMPLOYEES' RETIREMENT TRUST", TO ALLOW
FOR INVESTMENTS OF STOCK IN FOREIGN CORPORATIONS; MORE
PARTICULARLY BY AMENDING SECTION 40-245 OF SAID CODE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
43 January 13, 2000
was passed on its first reading, by title, at the meeting of December 14, 1999, was taken
up for its second and final reading, by title, and adoption. On motion of Commissioner
Sanchez, seconded by Commissioner Winton, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11879
The ordinance was read by title into the public record by the City Attorney.
Vice Chairman Gort: Yes. Thank you, sir.
Mr. Silver: Thank you very much, Mr. Chairman. Congratulations to you, Mr.
Winton.
Commissioner Sanchez: So moved.
Vice Chairman Gort: A motion.
Commissioner Sanchez: So moved. I moved the last time.
Vice Chairman Gort: Is there a second?
Commissioner Regalado: I'll second.
Vice Chairman Gort: Second. Any further discussion? All in favor state by
saying aye.
Mr. Walter Foeman (City Clerk): It's an ordinance.
Mr. Alejandro Vilarello (City Attorney): It's an ordinance.
Vice Chairman Gort: Second reading. Roll call.
Commissioner Winton: Am I too late to make a point? I would like to make
one quick point before I vote and that is that as I understand that the developer
who stepped to the plate to by this parcel land, in his due diligence did not pick
44 January 13, 2000
up the fact that this extra right-of-way requirement was on that parcel of and,
as the public knows, I voted against this project last go round simply because
I'm concerned about what the future redevelopment issues are related to I-395.
And what I want to say to the development community from this point on is that
its up to you to do your due diligence before you come before this Commission
and I didn't fight strongly against this request last time even though I voted
against it but my word to this development community is that do your due
diligence before you get here because next time I might look at this much more
strongly and, in fact, work hard to prevent this kind of request. You have to do
your due diligence. Do your homework before you get here. Understand what
the requirements, what you can build on that land an not build on that land so
we're not put in a position where we have to make a tough economic did he
significance that could negatively impact our community in the future. That
said, and understanding that the developer missed that piece, I will vote in
favor.
Vice Chairman Gort: Thank you.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND
SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET
WIDTHS," TO MODIFY THE WIDTH OF NORTHEAST 12TH STREET
BETWEEN NORTHEAST BISCAYNE BOULEVARD AND NORTHEAST
2ND AVENUE, MIAMI, FLORIDA; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of December 14, 1999, was taken up for its
second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded
by Commissioner Regalado, the ordinance was thereupon given its second and final reading by
title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11880
The ordinance was read by title into the public record by the City Attorney.
Note for the Record: Item 24 and 26 have been deferred.
45 January 13, 2000
Vice Chairman Gort: Item 13.
Unidentified speaker: You voted on. 13 already, sir.
Vice Chairman Gort: We passed that. Fourteen, an ordinance to establish the
flat rate. This is second reading.
Ms. Christina Abrams (Director, Public Facilities): Yes. Christina Abrams,
Department of Public Facilities, second reading. Establishing a flat rate for the
Commissioner Sanchez: Just for clarification, Christina, is that pertaining to
the rate set forth now with the --
Ms. Abrams: This is for the theater.
Commissioner Sanchez: Through the theater, okay. Never mind. So moved.
Vice Chairman Gort: It's been moved. Is there a second? It's been moved. Is
there a second?
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Read the ordinance. Roll
call.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 3 8/ARTICLE I, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION/IN
GENERAL", TO ESTABLISH FLAT RATES AND CHANGING CERTAIN
CONFERENCE ROOMS TO RENTAL OFFICE SPACE AT THE MANUEL
ARTIME COMMUNITY CENTER; MORE PARTICULARLY BY
AMENDING SECTION 38-8; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
46 January 13, 2000
r
was passed on its first reading, by title, at the meeting of December 14, 1999, was taken up for its
second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded
by Commissioner Winton ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11881
The ordinance was read by title into the public record by the City Attorney.
Vice Chairman Gort: Item 15, an ordinance establishing special revenue funds,
City program for persons with disability. Second reading. Do I have a motion?
Second reading. Pass unanimous on first reading. Do I have a motion?
Commissioner Regalado: Which item is it?
Vice Chairman Gort: Item 15. This is second reading.
Commissioner Sanchez: So moved.
Commissioner Regalado: Second.
Vice Chairman Gort: Accepted and granted.
Commissioner Sanchez: It's a disability grant. I moved it last time.
Vice Chairman Gort: This is accepting money for disabilities for the parks.
Mr. Albert Ruder (Director, Parks & Recreation): It's accepting three grants
for the disabilities program and appropriating the money.
Vice Chairman Gort: Is there a motion?
Commissioner Sanchez: There is a --
47 January 13, 2000
Vice Chairman Gort: Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort Second. Call the ordinance. Read the ordinance. Roll
call.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
SPECIAL REVENUE FUND ENTITLED "CITY OF MIAMI PROGRAMS
FOR PERSONS WITH DISABILITIES MIAMI-DADE COUNTY ADA
GRANT" AND APPROPRIATING FUNDS FOR ITS OPERATION IN THE
AMOUNTS OF: $58,878 FROM 1996-1997 GRANT FUND; $61,038.61 FROM
1997-1998 GRANT FUND; AND $51,783.39 FROM 1998-1999 GRANT
FUND, FROM MIAMI-DADE COUNTY, OFFICE OF AMERICANS WITH
DISABILITIES ACT ("ADA") COORDINATION; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AWARDS 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.
was passed on its first reading, by title, at the meeting of December 14, 1999, was taken up for its
second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded
by Commissioner Regalado, the ordinance was thereupon given its second and final reading by
title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11882.
The ordinance was read by title into the public record by the City Attorney.
48 January 13, 2000
Vice Chairman Gort: Item 16. This is a proposed ordinance. First reading.
Bulletproof vest. Partnership. We're receiving a grant for fourteen thousand
dollars ($14,000) from the Bureau of Justice and Assistance.
Commissioner Sanchez: So moved.
Vice Chairman Gort: Its been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Read the ordinance. Roll
call.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
SPECIAL REVENUE FUND ENTITLED `BULLETPROOF VEST
PARTNERSHIP GRANT," AND AUTHORIZING EXPENDITURES, IN THE
AMOUNT OF $14,000, CONSISTING OF A GRANT FROM THE U.S.
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU
OF JUSTICE ASSISTANCE; AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID GRANT AND TO EXECUTE ALL NECESSARY
DOCUMENT (S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
was introduced by Commissioner Sanchez, seconded by Commissioner Winton, and was passed
on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
The ordinance was read by title into the public record by the City Attorney.
49 January 13, 2000
I
•
Vice Chairman Gort: Item 17, a proposed ordinance.
Commissioner Sanchez: So moved.
•
Vice Chairman Gort: Allocating twenty-five thousand dollars ($25,000) to the
police.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Read the ordinance. Roll
call.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11418, ADOPTED ON DECEMBER 12, 1996, WHICH
ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS FOR THE
SPECIAL REVENUE FUND, ENTITLED "PARTNERSHIP FUND"; TO
INCREASE APPROPRIATIONS TO THE FUND IN THE AMOUNT OF
$25,000, SAID FUNDS RECEIVED AND ACCEPTED AS DONATIONS
FROM VARIOUS PRIVATE ORGANIZATIONS; FURTHER AUTHORIZING
THE EXPENDITURE OF SAID FUNDS FOR THE PRODUCTION OF
COMMUNITY EVENTS AND IN-HOUSE PROGRAMS, INCLUDING THE
PUBLICATION OF THE POLICE DEPARTMENT'S ANNUAL REPORT,
SUBJECT TO COMPLIANCE WITH ALL CITY CODE PROCUREMENT
PROCEDURES; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
was introduced by Commissioner Sanchez, seconded by Commissioner Winton, and was passed
on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
The ordinance was read by title into the public record by the City Attorney.
50 January 13, 2000
Vice Chairman Gort: Item 18. City Attorney.
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, this is the ordinance
which the City Commission directed me to prepare, creating the position of a
City administrator once the change in government takes place after the election
of a Mayor in the March 14, 2000 election.
Vice Chairman Gort: Comments?
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Teele: I think it's important that the Commission recognize the
fact that the charter provision that has been passed does not contain any
supporting ordinances, et cetera. You can argue we should do the ordinances
before we do the Charter provisions, et cetera. One of the strengths of the
strong Mayor form of government is that it's absolutely a separate and equal
branch of government and all of the employees that work for the Mayor, in
effect, the entire management today that works for the Manager, will have no
responsibility to inform the Commission or keep the Commission informed,
except to the extent that we establish ordinances. This ordinance, as far as it
goes, establishes what is the framework in virtually every major City that has a
strong Mayor form of government, Philadelphia, Washington DC, and others, as
possible. What is not in here and should not be in here is that the Commission
does not approve the administrator. He's not subject to a confirmation hearing,
if you will. He or she is not subject to the Commission directing the
administrator. And I think part of what we're going to have to do is rethink
because everybody's sort of used to the old Manager where we say "we direct",
and while there -- we need and we must carry out our duties, we must require,
Mr. Attorney, and the one thing that I apologize for not getting back to you --
and I know that you tried to reach me twice on this -- is we must require by this
ordinance that there be a City administrator and the ordinance should further
state and the administrator should be present at all Commission meetings, and
shall assist in the deliberations of the Commission by responding fully and
appropriately as to the Mayor's intentions or the Mayor's recommendations. I
also believe consistent with what is the intent is that the person shall be a civil
servant. I have a background of civil servant. We can discuss that as we move
forward. I would like to make sure that we have a second reading that is at
least in the month of March, and not right away. I think this should be allowed
to simmer. I think there should be discussions with the Mayor, candidates for
the Mayor, because I think what we want to establish is a process that is
seamless, that moves forward, without a lot of allegations one way or the other.
The only thing that I would be very insistent upon is that, whoever the
administrator is, that that person shall not be subject to a vote of the
51 January 13, 2000
Commission. In effect, that person is a Mayor's staff person, and just like the
Mayor staff or none of our staff should be subject, that should be a person that
the Mayor has confidence in. I also believe, Mr. Attorney, that we need to look
at some minimum qualifications and there could be the opportunity, if you will,
to lay on the desk, if you will, the qualifications, something short of a hearing
but, at least, the person comes forth and establishes what his philosophy is or
her philosophy is and point of view. So, those three caveats, with the
understanding that if this does go forward for a second reading, that the second
reading should be held in the first meeting in March and it should give
sufficient time for the Mayor, Mayor Carollo, and other candidates who may
aspire to be Mayor, to input this. Because, in effect, this is the Manager but
it's a Manager under a different form of government — it's a Manager that is
created by ordinance, not by charter, and it is a Manager .that does not have a
dual accounting and responsible reporting to the Mayor and the Commission.
This administrator will be reporting solely to the Mayor, but will provide an
accounting in the Commission meetings and will be present at all Commission
meetings to assist in the deliberations of Commission activities. And, so, with
that, I would move the item for first reading, subject to any other discussion
and debate and amendments that may be appropriate.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Moved and second. Discussion?
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, at the appropriate
time.
Commissioner Sanchez: Open for discussion. Mr. Vice Chair, if I may. Just
wanted to break down what Commissioner Teele said, and that was that one of
the biggest concerns that we had was not to mix the executive branch with the
legislative branch of our government to have that mix. One of the things that I
want to basically --
Vice Chairman Gort: Commissioner Sanchez, there is a meeting taking place
outside. Can we hold on and tell them to please go outside? Go ahead, Mr.
Sanchez.
Commissioner Sanchez: I want to commend the City Attorney for preparing
this ordinance, which basically to off on a lot of the concerns that we
had, and one was the creation of and the appointment and the residency of it.
But the qualification is very important, to ensure that whoever takes that
position is an individual who has integrity, has the experience and the proper
knowledge how to conduct or participate in government. So, that was just my
two cents.
Vice Chairman Gort: Thank you.
Commissioner Teele: On that point. Mr. Attorney, I would amend that the
word "qualification" be added as a separate title and we'll fill that in this second
52 January 13, 2000
reading but at least so that the title has it, we understand it. Because I fully
agree that there should be a minimum qualification and that qualification
should be five years, ten years of career government service or professional
government service, or something of that nature. I mean, what we don't want is
a campaign Manager of any candidate. You know, that wouldn't happen now
but 20 years from now, coming in as the administrator. What we want is a
professional administrator of the same health that we have now or the same
health that we have throughout local government, in a way that we have a
professional who has an established reputation and, you know, it could be a
man or a woman, it could be young or old, but we do need to have
qualifications. I think, maybe even those qualifications should be laid on the
desk. I think there possibly should be a process whereby the person comes to
the Commission, just states what their qualifications are, puts them on the desk,
but not a hearing with a vote. That's what I'm trying to say. We don't get to
approve that. And I think we've got to educate and reorient ourselves that we
don't approve the Manager or the administrator.
Commissioner Sanchez: And once we pass this ordinance --
Vice Chairman Gort: Thank you. Any further discussion?
Commissioner Sanchez: -- it's in the ordinance.
Commissioner Winton: Yes, I have a question. Is the new Mayor required to
hire this -- to fill this position?
Commissioner Teele: By ordinance, he would be, if we passed it. If we said
there shall be. Now, we can do that. But this position, Johnny --
Commissioner Winton, is an extremely important to assist the Commission in
its deliberations in moving forward. Suppose the Mayor gets road and says,
"Well, let those guys do what they want to do. I'm not going to answer any
questions or whatever." So, yes, in that way, you've got to have a give and
take. I mean, you would obviously -- if he did that, he would be walking --
riding around on a motorcycle because the first thing I would do would be to
strike from his budget the car and the next thing and the next thing and the next
thing. So, it's a lot of ways to deal with that. But the fact of the matter is --
and the cellular phone and the bodyguards and all that. So, there are a lot of
ways to deal with that, to prevent that from happening. But the way to do it is
to think positively and say that what we want to do is have an administrator -- I
think that also gives to the staff, the career staff, the sense that this is not
going to just buy a political free-for-all, and that's one of the things that we do
want to establish to the professional staff.
Vice Chairman Gort: Thank you
Mr. Vilarello: Mr. Chairman?
Vice Chairman Gort: Yes. t
Mr. Vilarello: If I can just.make a couple of points. One, the ordinance, as
currently written, does not require the Mayor to make such an appointment.
53 January 13, 2000
That person would serve at the will, can be discharged or appointed by the
Mayor and the Mayor need not make the appointment. That's the way it's
currently written.
Commissioner Teele: Can you change that to say that there shall be an
appointment?
Mr. Vilarello: One of the things -- the reason I wanted to speak on the issue is,
I'm a little concerned about consistency with the City's Charter amendments.
And, certainly, I think that we can deal with and address issues of minimum
qualifications. I'm not sure we can address issues of civil service. What I
would recommend --
Vice Chairman Gort: I tell you what, item --
Mr. Vilarello: -- take it on first reading today.
Vice Chairman Gort: Commissioner Teele, let him look at it and bring it back --
Commissioner Teele: I don't think we need to fill that in now. I think that's
the debate that we need to have --
Vice Chairman Gort: We can do that on second reading.
Commissioner Teele: We can leave it blank. We just need to say qualifications
and then we'll establish that in consultation with you and --
Mr. Vilarello: There are material changes at that second reading that brings us
back to first reading. So, what I -- I guess what I'm recommending to the City
Commission is perhaps to -- I've heard new comments today. I'd like to
incorporate that, perhaps have -- defer this to first reading. At the next
Commission meeting, I'll incorporate those comments and address all the legal
issues and that will still give you an opportunity to adopt it before March.
Vice Chairman Gort: So, motion to defer
Commissioner Teele: So --
Commissioner Winton: Just so that we're all on the same wavelength here. I
guess it's -- philosophically, the idea of having a professional administrator --
in fact, that was one of the things that I worried about greatly when we -- when
this whole debate about a new strong Mayor was going on and I was hugely
worried about it, and was one of the reasons why I was opposed to that process
also. However, it has passed. We will have a new strong Mayor. I'm now
worried about a process whereby we require the strong Mayor to hire a certain
position and it seems to me that takes away part of the flexibility and authority
that the original ordinance granted. Now, that puts me in an interesting
conflict there and I'm not sure I know how to get through this.
Commissioner Teele: Commissioner Winton, I will tell you this. This is why
historical scholars of law always refer to the founders and what the founders
54 January 13, 2000
meant and they go back and read papers, like the Jefferson paper and federal
papers, the Jefferson papers. You know, there was a long debate and
discussion. Unfortunately, that debate never got outside of the context of City
Hall in terms of what we discussed and what we had. Same thing you're going
to deal with on the auditor general today. The debate was always that there
would be a professional administrator. I will go back and get you chapter and
verse that there would be a professional administrator and this is not something
done in a vacuum. Every city in America that has a strong mayor --
Washington, DC, Philad-elphia -- every city in America that has a strong mayor
has a City administrator, and there was never the notion -- and that's part of the
frustration in terms of a free flow of information and a democracy is that when,
you know, people don't want that position, then all the information never gets
out. So, this is not inconsistent with what the intent was when we set it up. In
all of the debate, we said there would be an administrative position created and
that position would be a civil servant, but it would not be subject to the
Commission's approval, unlike department heads.
Vice Chairman Gort: Okay.
Commissioner Sanchez: And that's clear.
Vice Chairman Gort: Call the roll..
Commissioner Teele: Mr. Chairman, you know what I would rather do, Mr.
Attorney, I would rather pass this on first reading with the understanding that,
in the next meeting, you'll come back with a revised version. In that way, the
public is on notice. Maybe the media will cover it and we can get more
discussion and more debate. Is that OK?
Mr. Vilarello: Certainly. I just want to make sure the Commission
understands, material changes would require it to go back to first reading.
Commissioner Teele: And you'll return this for another first reading, right.
Vice Chairman Gort: Okay. There is a motion. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Read the ordinance. Roll call.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE III OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/OFFICERS"
TO CREATE AND PROVIDE FOR THE APPOINTMENT OF CITY
ADMINISTRATOR; MORE PARTICULARLY BY ADDING NEW DIVISION
5, SECTIONS 2-161 AND 2-162, TO SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
55 January 13, 2000
was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on
first reading, by title only, by the following vote:
AYES: Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: Commissioner Tomas Regalado
ABSENT: Vice Chairman Wifredo Gort
The ordinance was read by title into the public record by the City Attorney.
Commissioner Winton: Next.
Commissioner Teele: Where is the Chairman?
Commissioner Sanchez: It passes.
Mr. Walter Foeman (City Clerk): The Chairman is out. It passes three/one.
Commissioner Sanchez: It passes --
Mr. Foeman: Three to one.
Commissioner Sanchez: -- three to one. Eighteen -A, first reading ordinance.
Is there a motion?
Commissioner Teele: So moved.
Commissioner Sanchez: It's moved. Is there a second?
Commissioner Winton: Second for discussion.
Commissioner Sanchez: Second. Open for discussion. Commissioner Winton.
Commissioner Winton: Excuse me. My voice is getting worse here. I guess I
have -- I see this task as a pretty significant task for somebody to carry out.
We do have an awfully long list of boards that the City has to provide resources
to and in support of, and in order for a new review committee to do their job
and I think we want a really thorough job done -- everyone has to understand
what the real mission is and we have to make sure that the committees that are
being evaluated, that -- and probably we need to make sure that they understand
what their own goals an objectives are -- and there has to be some standard of
measure, it seem toss me, in here for determining whether or not these boards
are doing an effective job for the City or non effective job for the City. And,
56 January 13, 2000
so, I'm just concerned that once we appoint this committee — and, by the way,
I'm not oppose to the concept of reviewing these boards at all. I'm just nervous
that we don't get the kind of product that we're really looking for. if we're
serious about really trying to determine whether or not we need to call on our
citizens to use their volunteer efforts to sit on these boards. We do need to
make sure that there are definable goals and objectives that are measurable, that
we can look at. But the Review Committee has to have the skill sets to ask the
right questions an get the right information or we will end up with the wrong
answers at the end of the day.
Commissioner Regalado: Well, Commissioner, if I may.
Commissioner Sanchez: Commissioner Regalado, you are recognized.
Commissioner Regalado: Problem is that most of the boards don't meet and --
for instance, on March of last year the Commission approved the Community
Relations Board of the City. They have met only once. The Committee of the
Status of Women has not met -- I mean for two years. And the problem is that
they do not get the support of the administration. They do not have any budget.
But there are plenty of people who are willing to serve. And I just think that
that committee should look more into support from the different departments of
the City instead of telling us which board doesn't work. Because they don't
meet. They don't meet because they do not have places to meet, nor support,
nor nobody calls them. So, I think that the first thing that that committee
should do is look into how can we support ask the government those boards.
Because there are a lot of people who are really frustrated because they get
appointed and they never meet.
Commissioner Winton: Well, isn't that a function of leadership of the board?
Commissioner Teele: Mr. Chairman? Commissioner Winton, on the point. The
resolution -- the ordinance that is before us now doesn't do any of these things,
with all due respect. There is something in this agenda, I read, that does get to
that. This ordinance -- if I may, Mr. Attorney, Mr. Clerk, this ordinance, in
effect, does three things. First, it codifies what has been going on all along. I
mean, I'm always confused about what board is meeting where, and it really
came about as a result of the Virginia Key Board never getting notices and
never getting the word -- I mean, we create these boards, we the Commission,
but somehow they never really get into the flow of an organization chart. So
what this does is this first of all designates the City Attorney to be the
administrative person for boards. We create boards like a Parks Board, the
Virginia Key Board, but the Clerk's Office was never involved in it so to speak.
So another department sort of took the lead on it and then notices didn't get out
and two months later we realize it. So, this, in effect, says what has been going
on now for the last twenty or thirty years stops. In other words, when we
create a board, the clerk has to take the administrative responsibility for that
board.. The second thing it does, it classifies and categorizes boards in some
degree of hierarchy. That is boards that are full service boards and there are
boards that are citizens' boards and then the third and the most important thing
that it suppose to do -- an Mr. Clerk I'm going to look to you -- is it creates a
revenue stream of -- this is an appropriations bill as well, isn't it? It creates a
57 January 13, 2000
revenue stream for the...
Commissioner Sanchez: For the City Clerk.
Commissioner Teele: For the Clerk to administer boards. Because right now it
is sort of -- we're creating these boards but nobody is really keeping up with the
cost accounting of these boards. So, Mr. Clerk, if I'm wrong, correct me. But
that's what I thought we where doing here.
Mr. Walter Foeman (City Clerk): Yes. What we where trying to do is create a
tier structure in terms of services that we provide to the boards.
Commissioner Teele: A tier structure.
Mr. Foernan: Right. And that's kind of in detail. We itemize that in the
ordinance. And based on that, -- certain boards we provide more services than
others but there basic services provided to all boards. And what we've tried to
do is try to assess that in terms of what physical impact that has to our office, to
the Clerk's Office in terms of dollars as well as in terms of time and resources.
Vice Chairman Gort: Okay. Thank you.
Commissioner Sanchez: I -- Mr. Chairman, I --
Vice Chairman Gort: Commissioner Winton. OK. Thank you. Commissioner
Winton. Commissioner Sanchez.
Commissioner Sanchez: I have looked at this and I have some concerns that
maybe could be clarified. And one is I see some boards benefiting more than
others pertaining to this. Some of the boards that create revenue and therefore
put revenue in and those that may not don't get the service. However, when we
put them in categories, what you're doing is you're basically allowing some
other boards to basically benefit more than others. So, that's a concern that I
have.
Commissioner Teele: What's the benefit?
Commissioner Sanchez: Well, the benefits are that you're going to — it's going
to generate money for that board. You could ask the City Clerk for readings of
all the documents and stuff. You know, why not put all the boards together, let
all the board -- every board instead of putting them in categories, if they need
the services, they can get the services.
Vice Chairman Gort: Commissioner Sanchez, I think this is what this ordinance
would do. It would provide the services to those that have not been receiving
services before. I think that's what this ordinance will do.
Commissioner Teele: Most of these boards --
Commissioner Sanchez: Inaudible.
58 January 13, 2000
Commissioner Teele: Wait, wait, wait. Most of these boards don't get
serviced. The reason this ordinance was created was that the Virginia Key
Board was created but the Clerk's Office was not providing any services to that
board, there where no notices being given. When we started checking, you
know, it's of hodgepodge of activities. Now, if any Commissioner, after
reviewing this with staff, feels that a board should be move today a different
tier, then certainly, we would do that. But I would assume that there has been
an analysis of each one -- this wasn't done randomly. That there was an
analysis done of each of these boards.
Vice Chairman Gort: Let me give you an example. The Status of Women.
They've done a great job for the City of Miami for a long time and not
receiving the service. I provided my office and they can use my office and the
MRC (Miami Riverside Center) building but they've they have not been able to
getting to. What this ordinance they'll be somebody from staff of the Clerk that
will work with them to make sure the meetings get going -- notified.
Commissioner Winton: I --
Commissioner Sanchez: If I may? I would request to defer this to study it
more and bring it up at the next Commission meeting.
Mr. Foeman: Commissioner, there is an item on later on the agenda today, I
believe its 39 B, and it talks about establishing a committees board and review
committee. And within that particular charge, it kind of parallels to the annual
reporting requirement that annually the Commission has the -- the chairpersons
of the various boards come before the Commission and talk about the annual
report. There is criteria that is laid out in the code, section 2-890, lays out
criteria. One of those criteria is the cost for maintaining the boards, both
direct and indirect costs. Maybe within the parameters of that, maybe once this
board is formed, this new review boards and committee review committee,
maybe they can in fact look at that area as it impacts on the Clerk's Office, as
well, the physical impact.
Commissioner Teele: I have no objection to move together defer the item if a
Commissioner needs more information.
Commissioner Sanchez: So moved.
Vice Chairman Gort: Moved to defer. Second. Any discussion? Being none,
all in favor state by saying aye. Thank you.
59 January 13, 2000
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 00-23
A MOTION TO DEFER CONSIDERATION OF AGENDA
ITEM 18-A (PROPOSED FIRST READING ORDINANCE
SETTING FORTH AND DELINEATING SPECIFIC
SERVICES PROVIDED TO INDIVIDUAL BOARDS BY THE
OFFICE OF THE CITY CLERK) FOR FURTHER
INFORMATION.
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Before we go to 19, you said we had individuals from the
State. They are here. Can we hear from them? Which item is that?
Commissioner Teele: Item number 34 is the
Vice Chairman Gort: Item 34.
Commissioner Teele: Mr. Chairman, I want to again compliment the Manager.
This is again one of those ideas that came about. Everybody was opposed to it
Vice Chairman Gort: It's very good.
Commissioner Teele: -- when it came out, the Purchasing Director was
concerned, the Manager was concerned. And I think the point is that when we
sit down and we talk to people like we've seen before, there may be some good
things. I think the bottom line of this is by entering into a reciprocal
certification agreement with the State, the bottom line is that the minorities
that are certified in the City will not only be certified to do business with the
City of Miami, but they will be certified to do business with the State of
Florida and in that regard, I would like to publicly acknowledge the
representative of the State, who I let the Manager introduce, Ms. Bryant is a
professional. I can remember reading the headlines in the Washington Post
60 January 13, 2000
back in the eighties when she rushed into save the D.C. government's Summer
Jobs Program and since that time, she's been around the country as a
professional. She's a high level professional with the State of Florida under
how many administrations, Miss. Bryant? Under Bob Graham, Lawton Chiles,
and Governor Bush, three administrators have sought her services and it's an
honor, Ms. Bryant, just to have you here and to see you in a context where you
are helping our. City. And I hope you keep in City in mind as you carry out
some of your discretionary duties, particularly with the discretionary pot of
money that you use to control at the Department of Labor.
Vice Chairman Gort: Commissioner Teele, I'll tell you. I know a little bit
about this reciprocal. I think it's the best thing that could happen in the City of
Miami. One of the biggest problems that we have, is these firms, they have to
go to the different jurisdictions and get qualified. I think this is great.
Broward County, for example, once you get qualified by any one of the
authorities, automatically you become qualified for the whole county. Yes,
ma'am.
Ms. Judy Carter (Director, Purchasing): Yes. This is Judy Carter, Director of
Purchasing and I would like to formally welcome Arnell Bryant -Willis, as well as
Dwayne Car4gile from the State of Florida Minority Business and Advocacy
Office. Wehavebeen working probably for the last three or four months on
this project. We are very eager and interested in being a part of this program.
We have seen throughout the years that it is a burden for our minorities to have
to become certified in different agencies. This particular reciprocal
certification is going to a allow those minorities to be in a position to become
certified in one store, if you will, certified both by the City of Miami, as well
as the State of Florida. So we are pleased today to have both of the
representatives who felt it was appropriate that we not only have the agreement,
but they personally appear before us to share with the Commissioners all the
advantages of having such a program. So, we now like to have Miss. Bryant
Willis to speak to you about the Reciprocal State Certification Program.
Ms. Arnell Bryant -Willis: Good morning.
Vice Chairman Gort: Thank you. Ms. Bryant Willis, name and address, please.
Ms. Willis: Arnell Bryant Willis, 2021 Executive Center Circle, Tallahassee,
Florida, Office of Minority Business and Advocacy. Basically, we have both
PowerPoint presentation and we've given you copies for further reference in
case you need to contact us and talk about this a little bit more. But we wanted
to start by just telling you what a reciprocal agreement is. And Judy has
already done that. But I'll restate it. It's an initiative that is put together in
coordination and cooperation with the State and local entities so that we will be
able to certify minority businesses where their participation can be accepted
statewide. And then by doing that, just want to note that it gives you an
opportunity to increase your economic base by having your businesses located
in Miami to be able to go out else where and bring back resources home. So
that you'll be able to operate. But our main intent is so that we will have one
application; we'll have one process and we'll have one database. So we want to
streamline the process by having our local businesses to come to the City, the
61 January 13, 2000
City certifies them an then once the City says they are OK, then the State of
Florida says they are okay also, they become a part of the database and then
they are utilized statewide. So then that opens up competition or it increases
competition for every one and gives everyone a fair opportunity. The benefits
of the partnerships. Those partnerships expand the pools and you increase your
competition. There's sharing of information between from all parts of the
State. There's also the responsiveness to small businesses. You have a
reduction of workload and all of us are interested in the reduction of workload
and down sizing, et cetera, et cetera. You also have combined knowledge of
participating partners, and you have a direct online availability. You'll be able
to tap into our database and discover all of those individuals who are in fact
registered to serve in a particular capacity. We also provide for you just a little
bit of history about the legislation and the mandate for minority business
certification. And that occurred in 1994, we provided for you all of those by
entities that where a part, it included cities, counties, school board
associations, special districts and of course the Minority Business Office, along
with inter -governmental purchasing, and advisory councils on inter -
governmental relations. The task force completed their review and the
Department of Labor approved that process in 1996 and we then went further to
brief all of the MBAE managers throughout the State. We developed and
secured a network, a computer network process and the program was actually
kicked off September 2, 1997. Certifying partners today include our office, the
MBAO office, the City of Tampa, Leon County, City of Jacksonville, Duvall
County, public schools and the City of Tallahassee. Now you might ask what
the difference between a certifying partner and a registration partner? The
certifying partner has the authority to say this company has the right to do
business statewide. A registration partner only has access to the database and
they can simply look at who is available. So, in the categories you have school
boards, universities, special districts, and you also have the private sector and
community colleges. That's cities and you've got counties. And, lastly, the
inter- local agreement allows you, again -- and this is a very important point --
to be connected to the database to be able to get information and look at what is
available throughout the State of Florida for you. Upon approval of this
process, the State of Florida will come down and do -- should you approve --
the State of Florida will come down, my office, and train your staff on how to
use the systems that we have developed and the person who has gladly agreed
to assist me, Mr. Cargile, is our Systems Manager, and he's the person who will
be coming down, along with one other individual to train the staff for, if I had to
do that, we would not have gotten through this within the time line that we have
available today. Thank you.
Vice Chairman Gort: Thank you very much, ma'am. Yes.
Commissioner Teele: Miss. Brian, what your -- your last name is Willis now,
and I apologize.
Miss. Willis: That's okay.
Commissioner Teele: Miss. Willis, what you're saying is that the Office of
Automated is that within the Department of Labor?
62 January 13, 2000
Miss. Willis: Yes. The -- our system that we have -- yes, it's within the
department of labor. And we also tap into some of the D M S (Department of
Management Services) data.
Commissioner Teele: What's DMS?
Miss. Willis: Department of Management Services. Excuse me.
Commissioner Teele: So, you all have not only worked with Ms. Carter's
office, but it's my understanding there been a very positive response from the
City's Management Information Office?
Miss. Willis: Correct. We're working with a number of cities. It's just that
the process gets to be a little lengthy and it gets to be a little complicated an
we have to do what we're doing here today, come and do presentations so that
we'll have an opportunity to show you just how- beneficial it is to participate.
Commissioner Teele: And I would also indicate that you all also advised me
that is City Attorney's office was very helpful or very cooperative and there
were several so their persons,. and I just wanted to acknowledge it.
Miss. Willis: Through Miss. Carter office, the City Attorney has been very
instrumental in getting the inter- local agreement, which she has available for a
signature. They have reviewed this and we've gone back and forth with our
State attorney and the local attorney, yes. .
Commissioner Teele: So, if I may, Mr. Chairman, Ms. Carter, the motion -- the
item that is before us now would be authorizing the Manager to execute an
agreement, if in effect, that would make us a certifying partner.
Ms. Carter: Yes, sir.
Commissioner Teele: Which, in effect, would mean we would beyond just
being registered and part of database.
Ms. Carter: Without question.
Commissioner Teele: But the businesses that are in our data base now would
transition into being in the State's data base and now these companies would
have the opportunity not only to buy from the City but from the State of Florida.
Ms. Carter: Yes, sir.
Commissioner Teele: And what is the budget of the State of Florida for
procurement purchases in rough dollars? What do you all estimate the state
budget?
Miss. Willis: I believe the most recent information says that there is
somewhere around 12.6 billion dollars ($12,600,000,000).
Commissioner Teele: And the Governor also recently said that blacks and
63 January 13, 2000
minorities are participating to the opportunity of less than two percent of one
percent?
Miss. Willis: Correct.
Commissioner Teele: So, I don't -- this is not a part of the one Florida One
Initiative thing. Now, I want to be real clear. This is not a part of the
Governor' One Florida One --
Miss. Willis: One Florida Initiative.
Commissioner Teele: One Florida Initiative. But it is a component in the term
-- is Governor is looking to try to find more certified businesses that they could
give work so, so this, in effect, would put Florida -- Miami businesses on the
front tear and you all would work with them. So I would move it, Mr.
Chairman, and --
Commissioner Winton: Second.
Vice Chairman Gort: Moved and second. Moved and second. Discussion? I
have a question, Miss. Willis. How about if the process is the other way, the
individual gets certified by the State, would the cities automatically accept
that?
Miss. Willis: Yes
Vice Chairman Gort: In other words, if you are certified by the State, all those
participants, you would also be -- with all the people you have an agreement.
Great. Thank you. Okay. Yes, ma'am. You're going to speak about this?
Ms. Mary Hill: Yes, I would like to speak to this. Ms. Bryant, I would like to
ask you a question.
Vice Chairman Gort: Excuse me, ma'am, you address the chairperson.
Ms. Hill: Okay. May I ask her?
Vice Chairman Gort: What is the question, ma'am?
Ms. Hill: Miss. Brown, what year and what laws and what policies does this
come under and are you still in the Department of Labor?
Miss. Willis: I am still in the Department of Labor. And if you remember, I
spoke to the fact that the legislature, the Florida legislature, in 1994, passed
this particular piece of legislation.
Vice Chairman Gort: Thank you, ma'am.
Ms. Hill: Okay. Thank you. Because I knew somewhere that it was off course
but what need to be done in the State of Florida, since I was the one that sent
copies and talk to the Department of Labor many years ago, an which was
64 January 13, 2000
corrected. Here is a letter here that is supposed to be corrected. It says -- it
was to Mr. Barry Evans, (phonetic), had reached the State of Florida, I - T G S,
Training Government Services /2 (INF) - one Florida and it was sent here for
me to establish a regional office from my request from the White House and it
was taken out the hand of the State in 1980. So the legislature is in violation
of these laws. I believe it's circumvented. And it says, in closing, please find
copy to -- from Ms. Hill when I asked them and requested to make a mandate
commitment that this suppose to be in the State of Florida. May I have just one
little second because this is very important? And it was sent here and known as
comprehensive employment and training administration, which took it out the
hands of that labor department. Okay. And it says, "Call Ms. Hill and provide
any assistance provided by the act," and that have never been done. That's
what I'm fighting for right now, to establish this regional office. Thank you.
Vice Chairman Gort: Thank you, ma'am. I think you made .the presentation to
the chamber. I think they would like to -- will you call the question, please.
There is a motion. There is a second. All in favor state by saying aye. Any
nays? No nays.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-24
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE A
MINORITY BUSINESS ENTERPRISE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, TO
PARTICIPATE IN THE FLORIDA STATEWIDE UNIFORM
MINORITY BUSINESS ENTERPRISE CERTIFICATION
PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Ms. Bryant
Vice Chairman Gort: Now we have the --
Commissioner Teele: Mr. Chairman, now, does that mean that there is going to
65 January 13, 2000
0 . 0
be another star added to this PowerPoint?
Vice Chairman Gort: That's correct. There has got to be a very bright star.
Commissioner Teele: As of today, we can --
Commissioner Sanchez: You want us to draw it in for you, Commissioner
Teele?
Miss. Willis: As soon as we get the order -- once we get the inter -local
agreement in Tallahassee, we will then revise our PowerPoint and put a star
there, yes, sir.
Commissioner Teele: Thank you.
Vice Chairman Gort: Thank you very much.
Vice Chairman Gort: Now we go to Item 6, the gentleman that's waiting for the
translator to be here and it's here.
Commissioner Winton: Which item, six?
Vice Chairman Gort: Six. Administration had a chance to meet with all the
people that have personal appearance in front of us today?
Mr. Donald Warshaw (City Manager): To except those that have requested
directly through a Commissioner, that they just want to come and introduce --
Vice Chairman Gort: All the people that are here today, have talked to
administration before coming to us?
Mr. Warshaw: Yes.
Vice Chairman Gort: Okay. Thank you.
Mr. Franklyn Zavala -Velez: Good morning, Mr. Chairman and members of the
Commission. I'm sorry that the rest of the staff didn't receive our package. I
didn't have enough of it but I promise. I'll mail it to your office. My name is
Franklyn Zavala -Velez. I live in Miami Beach. However, I'm a board member
of the Deaf Service Bureau. I'm here to educate the Commissioner about our
community and our need. It's been in history that the deaf and hard of hearing
community have been ignored, neglected and no body concern. In the package
you will find the population of -- in Dade County, of the hearing impaired. It's
10 percent of the general population. That information is in the package. It
was inaudible to 1995. Now, that's five years ago. So, right now, it have been
increased over 2,000,000 here in is the State of Florida. Miami, Broward and
66 January 13, 2000
Monroe County have a very large population. During my time, I had to resign
the Board HIV AIDS Partnership and protest because there ain't no service for
the hearing impaired population in this.County. I was a former member of the
HOPWA (Housing Opportunities for Persons Living with AIDS) board and now
I am a former member of partnership. I'm giving myself one 100 percent and
more to become a grant writer and participate, and my responsibility is to
educate the legislators. At the same time, during the year, we did a voter
registration drive, and I was glad to inform everybody that its over 80,000 new
registered voters are hearing impaired. And all from the south area of Florida.
We have a -- we are funded by United Way and the Equipment and Public
Health Trust and all our budget is nothing but five hundred and ninety-nine
thousand dollars ($599,000) for serving a population of 200,000 here in Dade
County. Now, that is a lot. We already put an application in Community Block
Grant. We would like the Commissioner to review the proposal and see that
our request of the amount that we asking for is -- it could be agreeable from the
Commission because I went to the Community Development Agency herein and
they had to cancel it until the next time but never the less, I already put in an
application and the City have recommended twenty /thirty thousand dollars
($30,000). We need to get more interpreter, sign language interpreter here. We
are in a red flag alert. And the public school system, they need seven more. In
the City, we need four more. We haven't got enough interpreters to deal with
the court system or any type of classes that involve DUI (Driving Under the
Influence) or petty stuff. Our agency just turned into probation for the Justice
Department and that's very bad. Because -- I'll give you an example. We
receive a letter from the Advocate Program in the County Court saying that
Miss. Blank case number blank were referred to our agency the petty theft
classes could not provide the interpreter, so therefore, ask D S B, Defendant
Service Bureau, for report and have them can come to our office do community
service, and we became all of a sudden a probation department for the deaf,
without the support from the State Department or law enforcement. We don't
have the funding and our staff is overwhelmed. Our interpreter is overworked.
We need to work together because there is more and more hearing-impaired
population here and especially in the City of Miami, we speak -- we have a sign
language, three different sign language, American Sign Language, English Sign
Language, and inaudible language. All of a sudden, we have to take in people
who come from other country, from Cuba, from Haiti, to come to our office
because they have to learn English as a second language in order to be a
member of this society, so, therefore, they are applying and we have a class at
Miami Springs High School to teach them as a second language. We also have
a class in our office to deal with driving tests also for citizenship of the United
States citizenship. We had to do a lot an we -- we would like very much that
the member of this Commission drop by our office, get a first hand to
understand our deaf culture. Lucky for me, since I became a member of this
board two months ago, I will be able to secure three buildings in less than 30
days and a guarantee money from HUD (Department of Housing and Urban
Development) for deaf independent living. Only took me 30 days, not one year,
not five years, because I knew what needed to be done and I went directly to
the Congress. I got the support by three Congress representatives for this
project, and the support by the secretary of HUD to do this project, because we
need to put our people in one community because they are isolated outside.
They need to be among us. Sign language and also they feel comfortable with
67 January 13, 2000
r1
�J
the environment. I also would like
living with AIDS (Acquired Immune
long-term survival for 17 years.
Chairman.
11
to let you know that I'm a person who is
Deficiency Syndrome), and I've been in
We need to work together. Yes, Mr.
Vice Chairman Gort: Two minutes are finished.
Mr. Zavala -Velez: OK. So we need to work together.. If there are any
questions that you want to know about, our agency, I'll be happy to answer it.
Because this is an organization that been around for 21 years. That's why the
legislator says where have you been? We're well hidden. So, please help us.
Vice Chairman Gort: Thank you, sir. My understanding is there is going to be a
public hearing. They're going presentation going to be made to the Board of
the Community Development so they all informed when that meeting going to
take place. Because I requested all the allocations be taken to them again, give
them more time to analyze and look at the application for them to make a
recommendation to us. Thank you. Thank you, sir.
Vice Chairman Gort: Item 19.
Ms. Laura Billberry (Director, Asset Management): Laura Billberry again, Asset Management. A
few months ago I made a presentation to the Commission concerning a market analysis we
conducted for the establishment of new rental rates at the Manuel Artime -- for office space within
the Manuel Artime Theater and the Community Center, and I was directed to bring back the
implementing legislature, which is what is before you today. Basically, it provides that, for new
licenses and for any expansion space of an existing license that they would pay seven seventy-five
for office space in the theater building and eight fifty for office space in the Community Center, and
non -profits would receive a twenty-five percent discount from these rates. The square footage of
their office space would also include a sixteen percent common area factor, which would help cover
the operating expenses for the common areas, and it would include provisions for CPI increases. For
the existing licensees, what we were proposing is that they remain as -is today but, commencing
October 1st of 2000 and each October 1st thereafter, they would increase at the rate of fifty cents
($0.50) a square foot. In this manner, they can try and develop new revenue streams and be able to
work towards the market rates. Once they reach the market rates of the rest of the facility, they
would just get the standard CPI increases, like everyone else. And, lastly, this resolution would
provide the authority to the Manager to execute these licenses when they pay the established rates.
Commissioner Sanchez: Mr. Vice Chair?
Vice Chairman Gort: Thank you. Yes, sir.
Commissioner Sanchez: If I may? The Manuel Artime Community Center has, for many years,
housed a lot of the non -for-profit organizations that have provided great service to our community.
One of the concerns that I have -- and it may be changed through communication -- is that, I think
68 January 13, 2000
that some of the non -for-profit organizations that are there may not be able to afford the change of
rates. Now, I am one that does not support the ones that are paying one dollar ($1) because I think
everybody should pay a fair share. But there are some large non -for-profit organizations there that
may not be able to pay when the rate or the long-term rate happens and that's a concern. I just want
to know, did you have any group meetings to provide them with the proper information on how
changes are going to be taken?
Ms. Billberry: We have not had a group meeting. I know a few of the organizations are aware of
this change already; that we have been working on this. Two agencies have already agreed to pay
the increased rates for some expansion space that they taking. One agency has expressed concern
and would like us to take into consideration some improvements they've made to the building, as part
of any rental consideration. This resolution, if anyone would want to be exempt from it, their
individual license could come back to the Commission on an individual basis, based on their
circumstances. But this would allow the Manager, when people are paying the established rates, to
go ahead and enter into agreements.
Commissioner Regalado: Mr. Chairman?
Commissioner Sanchez: Here's one that I have great concern with because of the large portion that
they're using. Square footage is almost four thousand. Their rent will probably increase by a large
amount. And this is the Catholic Community Service that provides childcare services to a lot of
needy families in that community. That is on 970 Southwest 1st Street. It is the third one with
204-207 Catholic Community Service.
Ms. Billberry: They are presently paying four fifty a square foot and that is the one agency that has
expressed some concern because they've made some improvements to the facility, which we can
look at and see if they should, for some reason, be given consideration, if those improvements have
benefited the building and the City and they're not exclusive to them. A fifty -cent ($0.50) increase
on, you know, four thousand square feet, you're talking a couple thousand over the years' time. It's
not a substantial...
Commissioner Sanchez: Now, I have visited the facility and the facility is in, somewhat, poor
condition. My office has sent out some complaints about the elevator being broken and that's been
taken care of But not long we had a meeting there and there were halls -- I mean, there were,
literally, holes in the walls and that's also a concern. And I know that -- you know, in the long term,
the City is the one that has to pay for it. But the concern that I have, and I think every Commissioner
up here has, is that if we raise our rates to a point where we flush them out of there, they have
nowhere to go and, then, these organizations are going to suffer and, then, the services they provide
to the community is the one that's diminished and people will suffer. So, that's a concern that I have.
Vice Chairman Gort: My understanding is, from what's being stated, that they have made some
improvements within their own property. That improvement could be taken into consideration
instead of the additional fifty thousand.
Commissioner Sanchez: That's not my under...
Vice Chairman Gort: I mean, fifty cents ($0.50).
Commissioner Sanchez: Well, that's not my understanding. I think there's one organization that has
made significant amount of improvement or they're plan on making improvement and they wanted
that to compensate for the increase of rent.
69 January 13, 2000
J
Ms. Billberry: They have requested that. They have not provided documentation, which I've asked
for at this time, in order for us to consider that. This resolution would not prevent us from
considering that but, yes, it would establish a policy, that it would be increased fifty cents ($0.50) but
we could bring that particular one back to you if they have done something that a warrants staying at
the...
Vice Chairman Gort: But at the same time, my understanding is, even if we pass this resolution, the
individual agency can come to us and if they can present the burden to us and they can show it within
the budget that they would have...
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: ...deficiency in the service they provide in the city, then we can make a
decision to maintain as an individual case.
Ms. Billberry: That's correct. And these...
Vice Chairman Gort: Is that correct?
Ms. Billberry: These rates have also been in effect since -- prior to 1985, without any increase. And,
so, the City has, through the years, had to accept this additional burden. So, we're trying to provide
for some form of incremental increases so we can start reducing our subsidy.
Vice Chairman Gort: Thank you.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: The Artime Center is a community center. I have not seen there a store or
an attorney's office. All of the organizations there are serving the community. So, before I leave --
and I know, very well, the Artime -- I lalow that we're getting funds from different sources, Dade
County, the Cultural Board of the County, the State, and even the City should send also -- or allocate
some funds. But, you know, the community center is a community center. And if you go to the
Artime, as I did yesterday, you'll see a lot of vacant office. We're going to do some work there, but
we need more organization. The Catholic Service Bureau that works there serves so many people
with so little money and if we're not going to increase whatever they pay, well, you know, that would
mean less milk for the children because we won't be able to provide more funds. So, my vote is no.
Vice Chairman Gort: Guys, let me tell you how this works. And I used to be at that building at one
time. All those agencies, they have grants that they applied for the findings. Some of them, they
can increase their rent and they'll receive the funds. Some of them would not receive the finds. I
think you can pass this and those agencies that cannot receive additional funds to pay for, we'll
consider and we can maintain it. This is my understanding of this resolution. But there is agencies
that's willing to pay an increase and there's agencies that probably, if they make it part of the grant,
when they put the proposal, it be accepted. And if it's accepted and it's being paid for the grant,
there's no problem with that. If it's not accepted and the budget is being affected and the service will
be diminished, then those agencies, we'll take it one by one and we can vote on that.
70 January 13, 2000
Commissioner Sanchez: Willy, I agree with you on that. But you know what? I'd rather hear from
the tenants, the ones that can't come up with it. Because what you do is, you put them in a situation
where they have to apply for it -and whether get it or not, it's a situation where they have to get in the
process. You know, if everyone that comes up and says "I could afford it," it's perfectly fine.
Vice Chairman Gort: Well, you guys got to make a decision today. Tell me what you want to do?
Commissioner Winton: Could I make one other point? And I think the Commission has to establish
the policy in regard to whether we provide community service organizations free space in our
community centers or discounted space or whatever the case is. We have to set that policy. But a
point that I want to make is about those tenants who are willing to make needed capital
improvements to buildings. As far as I'm concerned, that's the same as rent. So, I think that if we're
hesitant in giving them full credit for the capital improvements that are needed to maintain the
building, that we're not going to have to make -- as far as I'm concerned, that's a dollar -to -dollar trade
off on rent.
Vice Chairman Gort: OK, gentlemen. What would you like to do?
Commissioner Sanchez: I would move it with an amendment.
Vice Chairman Gort: Make the amendment.
Commissioner Sanchez: And that amendment would be that the credit be provided for the repairs
done to the... -
Vice Chairman Gort: To the capital improvement.
Commissioner Sanchez: ...officers or individual -- the tenants' office, the property.
Vice Chairman Gort: OK. There's a motion.
Commissioner Winton: Well, let me -- I'm not sure I understand what your amendment is.
Commissioner Sanchez: Well, my amendment is very simple. If somebody has an office and they...
Vice,Chairman Gort: Any capital improvement be considered in lieu of rent.
Commissioner Winton: Any capital improvement.
Commissioner Sanchez: Capital improvement of the building.
Commissioner Winton: Any capital improvement approved by the City would become -- will have a
trade off dollar for dollar for rent?
Commissioner Sanchez: Absolutely.
Vice Chairman Gort: At the same time, those agencies that cannot afford under the new proposal,
they have not received their fundings for the increase, they can come in front of us and we can make
a decision on that. Yes, Mr. Cruz.
Commissioner Winton: I'll second the motion.
71 January 13, 2000
Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. As you mentioned, community service, I
hate to see these groups that service the community being charged more, then they won't be able to
serve the community. Because it would be like the FBI (Federal Bureau of Investigations) or some
people charging us for -- or the police charging us for doing a service to come into our home. And,
also -- but, on the other hand, I hate to see, when I go to manage this building and I see
non-functional equipment that could be repaired. Yesterday, I mentioned a building of the City. I
was at the Allapattah Community Center and there have been a water fountain there that's been
broken for -- I don't know -- months or years now. Why? Why is that? Why is it, a water fountain
breaks at the 444 Southwest 2nd Avenue building, it's fixed right away and, then, one of these
service is not being fixed? That's all I have to say. Thank you.
Vice Chairman Gort: Thank you. OK. Yes, ma'am.
Ms. Mary Hill: What I'm hearing here today is like scare tactic. I'm Mary Hill. It's more like scare
tactic. Because when these government services, according to statutory laws and guidelines, under
these laws and these policies that was created national, not at the state, and supposed to be
implemented in Dade County and State of Florida, by law. This will not harm a lot of services, but it
has to be brought under -- and the people that did -- I mean, the people that these services supposed
to help. This is the Community Service Based Organization also, which I only asked to be brought
to Dade County to implement, not from the White House, not from Washington, D.C., which has
been approved, and to establish this regional office here so that we can comply by the statutory laws,
the standard, concept and system under these laws and it has to be provided by me, Founder, CEO,
and Director, to help -- I will work with the City, County, State, as I say, from the Federal level and
this will have to be adhered to.
Vice Chairman Gort: But don't forget the Chamber of Commerce. They're very important. You
should work with them, too, OK?
Ms. Hill: Pardon?
Vice Chairman Gort: The Chamber of Commerce, they're very important. You should work with
them, too. Thank you, Mary Hill.
Ms. Hill: My comments are important.
Vice Chairman Gort: Yes, ma'am. Go to the Chamber.
Ms. Hill: And I should work with them.
Vice Chairman Gort: Sure.
Ms. Hill: I'm asking you all to work with it because it's recognized from the White House and this is
to be.
Vice Chairman Gort: Thank you, ma'am.
Ms. Hill: Thank you.
72 January 13, 2000
Vice Chairman Gort: Thank you. Is Ruder going -- Al, you know, there's a lot of people that do a lot
of running in that park, mentioned by Mr. Cruz. Make sure we get that water fountain fixed. OK.
All in favor state by saying "aye."
Commissioner Teele: Wait, wait, wait.
Vice Chairman Gort: OK. Hold it.
Commissioner Teele: Who seconded the amendment and where are we on all of this?
Commissioner Winton: I did.
Vice Chairman Gort: The motion was made by Sanchez. It was seconded by Commissioner
Winton.
Commissioner Teele: And the motion is?
Commissioner Sanchez: Capital improvement should be offset.
Vice Chairman Gort: Where mayor capital improvement has been shown and documented to staff;
that staff could -- instead of increasing the rent, they could take that into consideration, according to
the amount of money they spent on the capital improvement. At the same time, the statement was
made that if some of those agencies might be able to put the increase in the budget and they might be
able to be accepted by the grantee and receive their funds. But those agencies that have not received
the funds, they have the right to come back in front of us and we make a decision.
Commissioner Teele: Let me -- I really appreciate the fact that we have someone on the
Commission that's involved in real estate and -- because, I tell you, you know, you just sort of go
through this blindly and agree to it. Because I don't have any -- where does the money go from these
rentals? Does this money go back into the Parks Department? Does it go to the General Fund?
Does it go Asset Management? Does it go to -- where does the money go?
Ms. Abrams: The revenue is deposited -- Christina Abrams, Director of Public Facilities. The
revenues go into the account code for the Manuel Artime.
Commissioner Teele: They go to the what?
Ms. Abrams: To our budget in the Manuel Artime. We have allocated...
Commissioner Teele: Who is the -- I'm just trying to understand. What department does this money
go to?
Ms. Abrams: Department of Public Facilities.
Commissioner Teele: OK. So, this is...
Ms. Abrams: Who also incurs the expense.
Commissioner Teele: These are -- the funds used to do this were Community Development funds,
right?
73 January 13, 2000
Ms. Abrams: No. It comes out of the general fund.
Commissioner Teele: The funds used to renovate and to provide the -- I thought we approved
Community Development finds for the restaurant equipment and for...
Vice Chairman Gort: No. We received a County grant to do that.
Ms. Abrams: Well that was...
Vice Chairman Gort: It was County.
Ms. Abrams: We received...
Commissioner Teele: What grant?
Ms. Abrams: If I could answer that? We received a grant from Metro -Dade Performing...
Commissioner Teele: Performing Arts Center.
Ms. Abrams: Metro -Dade. Thank you. That we matched, to renovate the theater of the Manuel
Artime.
Commissioner Teele: So, the matching funds came from?
Ms. Abrams: And that was to renovate the theater.
Commissioner Teele: Where did the matching funds come from?
Ms. Abrams: The General Fund. Oh, excuse me. Let me correct myself. Let me verify that with
Community Development. I don't recall exactly where those matching funds came from.
Commissioner Teele: I thought...
Vice Chairman Gort: My understanding is, general funds, not CDBG (Community Development
Block Grant) funds.
Mr. Warshaw: For the renovation.
Vice Chairman Gort: Right.
Mr. Warshaw: But the funds you're talking about that come from income? The income goes back
into the account code that's responsible for running the...
Commissioner Teele: But it doesn't go back to the General Fund. It goes to a special fund, is that
right?
Mr. Warshaw: No. But it's part of the General Fund.
Commissioner Winton: Well, let ine help with that question because I think -- and I don't mean to
put words in your mouth, Commissioner Teele. But the rental income that's generated from the
particular facility, that rental income comes -- go -- obviously, the funds are held by the City but the
74 January 13, 2000
dollars themselves are held for reinvestment back in that facility or for operating the facility,
operating costs, capital costs, whatever the case may be.
Ms. Abrams: Yeah, for operating costs.
Commissioner Wilton: It doesn't disappear into the general fund to be used for anything else.
Ms. Abrams: Correct, correct.
Commissioner Teele: Well, the point that I wanted to establish, first and foremost, is that whatever
finds are being generated, that they're going back into that building because there's a trend, you
know -- and I've witnessed this -- that monies are collected and, then, they -- you know, and ala, you
know, park revenues in Overtown. So, I mean, I don't want to get back into that. But it's real clear
that this City has a history of taking money and moving it around. And I just want to make sure that,
if we're going to commit dollars to this facility and we're going raise rents or we're going to have
rent, that we establish those funds for that facility so that that community gets the benefit and it turns
over within there. So, I really do think that a lot of these real estate decisions, more and more -- I
would like to see a professional, you know, real estate appraisal or somebody -- you know, the City
needs to develop more expertise in the marketplace because one of things that I'm really concerned
about is, on one hand, we're government. On the other hand, we're talking marketplace. I really
would be a lot more comfortable with a lot of these recommendations if we sought the professional
support of the accountants and real estate professionals, and this doesn't go to this facility, per se. It
has more to do -- this concern doesn't go to this, per se, but I'm really trying to get Commissioner
Winton and those that have a background in real estate to, at least, understand one of my frustrations
and concerns is that, at some point, we're playing at things that we're really not experts in, and I'm not
talking about anybody. But -when I read in the newspaper the other day that we're talking about
getting a million dollars ($1,000,000) a year or, at least, learned a year, from a Cruise Port -- and I
know, for a fact, that we've got one little old dinky -- I shouldn't say dinky -- a fine, wonderful
Princess Cruise or whatever that gaming thing. They pay about six hundred -- seven hundred
thousand a year to Bayfront Trust. So, you know, my question is, where's the Financial Advisor
that's advising us on these matters? Where is the Maritime Advisor that's advising? And I think,
when we deal with real estate -- and I just want to say this in this context -- we need to rely upon
marketplace professionals. This is not a static situation. It changes, you know, monthly, quarterly,
certainly annually, and this doesn't really relate to this theater. But I am going to ask, more and
more, Mr. Manager, of the municipal staff, that we augment our expertise with marketplace experts
that are selected competitively, from wherever. And I'm just sort of serving notice that, I think, a
million dollars ($1,000,000) a year from for one cruise port is absolute rape of the City, and I don't
think that we ought to continue to play like we're experts in matters that we're not. We ought to get
professionals. And in the context of this, I support the decision primarily because whatever the
dollars are being generated, it's going back to that facility. And I just don't want to see the money for
this now going -- you know, saying, "Well, it's in the department and now it's going out to help
something that, you know, at Pelican Bay" or wherever or wherever. So, we're comfortable. I want
to commend the management and the Commissioner Sanchez for continuing. Because I think
culture facilities really should not have a marketplace analysis on them. This is a real value to the
community and if we make money, fine. But I'm not driven by us making money in culture. I'm
driven by having the facility and improving the neighborhood. So, thank you, Mr. Chairman.
Vice Chairman Gort: Thank you. Mr. Winton. Commissioner Winton.
Commissioner Winton: Ms. Billberry, are you not a CCIM?
Ms. Billberry: Yes, I am.
75 January 13, 2000
9
:7
Commissioner Winton: Just for the record, Laura Billberry is a CCIM and a CCIM is a specialty real
state designation that is the equivalent of a master's degree in real estate investment oriented
decisions. So, it's one of the highest technical designations that you can get in the field of
commercial real estate investment world. So -- and I was real pleased when I saw that. I didn't know
that we had people of that caliber but that's pretty impressive. So, I'm happy that the City has that.
Commissioner Sanchez: Call the question.
Vice Chairman Gort: Thank you. All in favor state by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: No nays. Thank you.
The following resolution was introduced by Commissioner Sanchez, who moved
its adoption:
RESOLUTION NO. 00-25
A RESOLUTION OF THE MIAMI CITY COMMISSION.
ESTABLISHING POLICY AND SETTING RENTAL RATES FOR
USE OF OFFICE SPACE AT THE MANUEL ARTIME THEATER
AND COMMUNITY CENTER, LOCATED AT 900 SOUTHWEST IST
STREET AND 970 SOUTHWEST IST STREET, MIAMI, FLORIDA,
RESPECTIVELY; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
AFFECTED ORGANIZATIONS FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commission Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
76 January 13, 2000
•
0
Vice Chairman Gort: One more item before we leave. Item 20, my
understanding, it was requested to be pulled out. My understanding is,
Commissioner Sanchez, you want to bring it -- you want to discuss it?
Commissioner Sanchez: Item 20.
Vice Chairman Gort: Commissioner Teele.
Commissioner Sanchez: Which item is that?
Vice Chairman Gort: That's the lease agreement between the City of Miami and
8325 Northeast 2nd Avenue Corporation.
Commissioner Sanchez: That's the work force?
Mr. Donald Warshaw (City Manager): Correct.
Commissioner Sanchez: That's in Commissioner Teele's district.
Commissioner Teele: Yes. But I understand you've got a lot of interest in it,
so I'm just trying to figure this out.
Commissioner Sanchez: Who's got interest in it.
Mr. Warshaw: We'll just -- we'll pull it.
Commissioner Sanchez: Well, let's talk about it since you brought --
Commissioner Teele: I didn't bring it up.
Vice Chairman Gort: My understanding is, the reason that this was pulled
because the grant is no longer in there. And the funds are not available to pay
for the rental of this property.
Commissioner Sanchez: But.
Mr. Warshaw: That's correct.
Commissioner Sanchez: Let's say the funds are not there, and --
Commissioner Teele: Well, why don't we do this. Why can't the City reapply
for the funds?
Commissioner Sanchez: Well --
Mr. Warshaw: We can.
77 January 13, 2000
Y=
0 .0
Commissioner Sanchez: That's --
Commissioner Teele: I would move that the City be requested or be instructed
to reapply for the funds.
Vice Chairman Gort: There is a motion. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Discussion? Being none, all in favor -state by saying aye.
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-26
A MOTION INSTRUCTING THE CITY MANAGER TO
REAPPLY FOR GRANT FUNDS IN CONNECTION WITH
THE LEASE OF OFFICE SPACE FOR THE CITY'S OFFICE
OF WORKFORCE DEVELOPMENT.
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Gentleman, this is the last item. As you can see, we have
moved along quite a bit. If you want, we can come back about three or do you
want to come back earlier?
Commissioner Winton: Earlier, It can get done.
Commissioner Teele: Three o'clock, yes, sir. Earlier -- what is the majority --
Commissioner Winton: Well, I was just hoping we — it's easier for me if we get
back from lunch quickly and get on with this and get done, then I can go home -
- go to real work.
Vice Chairman Gort: Two thirty?
Commissioner Teele: Whatever is convenient.
78 January 13, 2000
L]
Commissioner Winton: Whatever y'all want.
Vice Chairman Gort: Come on, guys.
Commissioner Teele: Two thirty.
Commissioner Sanchez: Two thirty.
Vice Chairman Gort: See y'all back at 2:30. Thank you.
T
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:03 P.M. AND
RECONVENED AT 2:33 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION
FOUND TO BE PRESENT, EXCEPT COMMISSIONER TEELE.
Commissioner Sanchez: If I may just, I will not be here on the 24th of
February. And I was wondering if we could change it.
Vice Chairman Gort: No problem. We'll change it.
Commissioner Sanchez: If we can change it. We can't on the 17th because its
Martin Luther King, but if we could do both Commission meeting on the 10th,
if it's OK with -- I will be out on a business trip on the --
Vice Chairman Gort: How about the 16th? Are you here on the 16th?
Commissioner Sanchez: I will be here on the 16th.
Vice Chairman Gort: We can do it on the 16th or the thirty.
Commissioner Sanchez: It's -- I mean --
Commissioner Regalado: The 16th, the 16th because --
Commissioner Sanchez: I mean, you are being nice enough to accommodate my
Commissioner Regalado: Two meetings in one, it doesn't work.
Commissioner Sanchez: Okay. How about the 16th?
Vice Chairman Gort: The 16th, no. How about -- let's go to -- okay. February,
okay.
Commissioner Sanchez: No, wait a minute. Wait a minute. February, the --
we could do it on the 17th of February. Martin Luther king is the 17th of
January.
79 January 13, 2000
Vice Chairman Gort: 17th, yes. No, no, 17th of February.
Commissioner Sanchez: Okay. I would move the meeting to the -- motion to
move the second Commission meeting to the 17th of February.
Vice Chairman Gort: Is there a second?
Commissioner Regalado: Yes, second.
Vice Chairman Gort: Okay. Discussion.
Commissioner Regalado: What -- that is a Thursday?
Vice Chairman Gort: That's a Thursday, yes.
Commissioner Regalado: And the first meeting is?
Unidentified speaker: The 10th.
Commissioner Regalado: The 10th. And the -- sure, no problem.
Vice Chairman Gort: Okay. All in favor state by saying aye.
The Commission collectively: Aye.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-27
A RESOLUTION OF THE MIAMI CITY COMMISSION
RESCHEDULING THE SECOND REGULAR CITY
COMMISSION MEETING OF FEBRUARY TO TAKE PLACE
ON FEBRUARY 17, 2000, COMMENCING AT 9:30 A.M.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
80 January 13, 2000
•
Vice Chairman Gort: Item 21, authorizing the committed land of the FDOT
(Florida Department of Transportation) of lease back of property. Yes, ma'am.
Ms. Laura Billberry (Director, Asset Management): Laura Billberry, Asset
Management. This is a conveyance of approximately 20,724 square feet of a
strip of property along Biscayne Boulevard to FDOT so they can do the
improvement and widening of Biscayne Boulevard. The Commission, a couple
months ago, entered into a licensing agreement with Calor Development for
additional parking at the Arena. So we will be leasing back this property at a
dollar a year until such time as construction actually begins.
Vice Chairman Gort: Thank you ma'am. Is there a motion?
Commissioner Sanchez: Moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion? Being none, all in favor state by saying aye.
The Commission (Collectively): "Aye."
Vice Chairman Gort: No nays.
81 January 13, 2000
•
•
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-28
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT (S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A CITY DEED AND ANY AND
ALL OTHER DOCUMENTS NECESSARY TO TRANSFER
FEE SIMPLE OWNERSHIP TO THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION ("FDOT") OF
APPROXIMATELY 20,724 SQUARE FEET .OF CITY -
OWNED LAND LOCATED ALONG BISCAYNE
BOULEVARD, MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF, FOR CONSTRUCTION OF CERTAIN
IMPROVEMENTS TO BISCAYNE BOULEVARD ALSO
KNOWN AS STATE ROAD NO. 5 AND U.S 1, SUBJECT TO
FDOT LEASING SAID PROPERTY BACK TO THE CITY;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH FDOT TO LEASE BACK SAID
PROPERTY AT ONE DOLLAR PER YEAR UNTIL SUCH
TIME AS CONSTRUCTION OF THE IMPROVEMENTS TO
BISCAYNE BOULEVARD COMMENCE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
82 January 13, 2000
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 Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Regalado: One question. I have a question.
Vice Chairman Gort: Yes.
Commissioner Regalado: When is this project going to start? This is FDOT,
right?
Ms. Billberry: Correct. The last I have heard, they have been looking at trying
to expedite it by doing a did he sign build, which could bring it as starting as
close as 18 months from now, but that is not final at this point.
Vice Chairman Gort: My experience, Commissioner Regalado, has been that it
takes a year to put the documents together and the working drawings and then
Commissioner Regalado: No, no. But what I was going. to suggest -- this is in
Commissioner Winton's district, right? This is in your district, Johnny, right?
FDOT has, in the past -- and I would recommend that to you because it worked
very well on Southwest 8th Street -- met first with merchants and explained to
them what is going on, the plans they have input as to the closures, as to the
entrance and the exits. And let me tell you, they are going to do something
similar in Coral Way and we are putting together two committees of one
residents, one merchants, and I think that you should get that same treatment
from FDOT. I'm sure -- and they will send support personnel to visit the people
and all that.
Commissioner Winton: And thank you, and Laura we will look to you to get to
the DDA (Downtown Development Authority) and have them participate in this,
and that's the key group to help coordinate all that.
Ms. Billberry: Yes, sir.
Vice Chairman Gort: Thank you. Do I have a -- do we have a motion and a
second? We passed it, right? Yes.
83 January 13, 2000
Vice Chairman Gort: Item 23. The emergency purchase of air conditioning
maintenance service for the Police Department.
Mr. Donald Warshaw (City Manager): I'm sorry, Commissioner.
Vice Chairman Gort: Item 23.
Mr. Warshaw: Item 23.
Vice Chairman Gort: The emergency. The four /fifths vote.
Mr. Warshaw: Air conditioning services for the south districts and the David
Herring Center.
Commissioner Sanchez: So moved.
Vice Chairman Gort: Okay. It's a move. Is there a second?
Commissioner Regalado: Yes, second.
Vice Chairman Gort: Is there any further discussion? Being none, all in favor
state by saying aye.
The Commission (Collectively): "Aye."
Vice Chairman Gort: No nays.
84 January 13, 2000
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-29
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY
A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE,
RATIFYING, APPROVING, AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS,
AND APPROVING THE PROVISION OF AIR
CONDITIONING MAINTENANCE SERVICES FOR THE
HEADQUARTERS BUILDING, NORTH AND SOUTH
SUBSTATIONS, AND THE DAVID HERRING TRAINING
CENTER, FOR THE DEPARTMENT OF POLICE, IN AN
AMOUNT NOT TO EXCEED $16,900; ALLOCATING
FUNDS THEREFOR FROM THE POLICE GENERAL
OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.670.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: Item 24 has been pulled. Item 25, approval of emergency
action for the installation of steel picket fences of Wainwright and Sewell
parks. Yes, sir.
Mr. Albert Ruder (Director, Parks & Recreation): This is a -- we're just asking
for your ratification of this action. This was very much needed. The original
bidder never fulfilled his obligations, and we went to the next bidder.
Vice Chairman Gort: One thing that I would like to do from now on, the
85 January D, 2000
business that I'm in, when I put a bid, I have to put a check in. If I don't
perform, I lose the money. I think somehow we cannot allow this to happen.
So, part of the procedure should be, there should be a guaranteed check or
deposit check to go say long with the -- and if they don't -- if they can't
comply, they lose their money.
Ms. Judy Carter (Director, Purchasing): Yes, without question. One of the
things that we have become very concerned about, particularly as relates to
these service contracts, and that's the performance.
Vice Chairman Gort: Excuse me, a minute. Sorry. Look, somehow we have too
many meetings going on in here. Somehow, I would like somebody to get this
straightened out. But outside you have meetings taking place outside also. I'm
sorry, yes, ma'am.
Ms. Carter: Yes. What I was trying to share with you is that over the several
months we have become very concerned about our service contracts and the
extent to which many of these vendors are not performing. So, as a result of
that, I've gotten quite aggressive, I think, in terms of making a decision that, in
the future, we're going to begin to track the performance records of our
individuals and if while we cannot prohibit them from biding, but if they should
bid and if in fact they have the low bidder, first, one thing will occur. They
will have to provide us with a cost breakdown. You are going to show us how
you arrived at that low bid amount. Because often times particularly in service,
labor costs are not appropriately summed up or tabulated for purposes of
determining what your true rate is. So we're now going to impose that
requirement. If they cannot proof to me how they came with that low bid
amount, then my position is you are non responsible. So you may very well see
in the future where I have deemed individuals non responsible because they
have failed to do that or we have track record to show that they have not
performed and for this City of Miami or any place else satisfactorily. So, look
for it and if it comes, I'm hoping that I will still have your support.
Vice Chairman Gort: Motion. It's been moved.
Commissioner Sanchez: Second.
Vice Chairman Gort: Winton moved it. Sanchez second it. Its four /fifth vote.
Call the roll.
86 January 13, 2000
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-30
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY
A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE,
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS,
AND AMENDING RESOLUTION NO. 98-846 BY
RESCINDING THE BID AWARD TO SOVEREIGN
CONSTRUCTION, INC. AND APPROVING THE
INSTALLATION OF STEEL PICKET FENCE FROM
RONALD GIBBONS FENCE CO., AT WAINWRIGHT PARK
AND SEWELL PARK FOR THE PARKS AND RECREATION
DEPARTMENT, IN THE TOTAL AMOUNT NOT TO
EXCEED $44,999; ALLOCATING FUNDS THEREFOR
FROM THE SAFE NEIGHBORHOOD PARK BOND FUNDS
APPROPRIATED IN CAPITAL IMPROVEMENT PROJECT
NOS. 333100 AND PROJECT NO. 333105.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
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: Item 26, the exercise -- the extension for the --
Mr. Donald Warshaw (City Manager): That was pulled.
Vice Chairman Gort: That was pulled, right?
Mr. Warshaw: Yes, sir.
87 January 13, 2000
Vice Chairman Gort: Item 26 was pulled. Twenty-seven. Resolution notifying
the City Manager's extension of the purchase of auto body repairs and painting
services.
Commissioner Sanchez: Who is providing it now? Is it a local?
Mr. Dean De Jong (Acting Director, GSA): Yes, sir. The reason for the -- --
this is the Dean De Jong, Acting Director, General Service Administration. The
reason that we're requesting this addition is because we ended up rejecting the
original bids because we discovered that a few local minority contractors
apparently did not get the bid package, so in order to correct that, we reissued
the bids and in order to get the cars fixed for the remainder of the time, we're
asking for this extension.
Vice Chairman Gort: Okay. Make sure there is a lot of body shops within the --
even close to the police station within walking distance.
Mr. De Jong: Yes, sir.
Vice Chairman Gort: So we don't have to pay for taxi services taking them
back.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Commissioner Regalado: Second.
Vice Chairman Gort: Okay. All in favor state by saying aye.
The Commission (Collectively): "Aye."
Vice Chairman Gort: No nays.
88 January 13, 2000
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-31
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A
FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENT
FOR COMPETITIVE SEALED BIDS, AND APPROVING AUTO
BODY REPAIRS AND PAINTING SERVICES FOR CITY
VEHICLES, FROM EXISTING VENDORS, FOR A PERIOD OF TWO
MONTHS UNDER THE SAME TERMS AND CONDITIONS OF BID
NO. 95-96-136, IN THE AMOUNT OF $180,000, FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION;
ALLOCATING FUNDS THEREFOR FROM FY 1999-2000
GENERAL SERVICES ADMINISTRATION, LIGHT FLEET
DIVISION, ACCOUNT CODE NO. 503001.420905.6.670.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
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 Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: Twenty-eight.
Commissioner Regalado: Twenty-eight, Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Regalado: I would like to defer this --
Vice Chairman Gort: Move to defer.
Commissioner Regalado: -- for next meeting.
89 January 13, 2000
Vice Chairman Gort: Motion to defer. Is there a second? Motion to defer is there
a second?
Commissioner Winton: Second for purpose of discussion.
Vice Chairman Gort: Discussion.
Commissioner Regalado: The reason, Commissioner, is that I feel that I don't
have personal information on this increase and also I believe that minorities
will be affected in extending this contract or increasing the amount. I think it's
about a hundred thousand or a hundred and fifty thousand dollars ($150,000) and
six hundred and seventeen thousand dollars ($617,000) of increase, so I am not
-- I don't know why is this process. I don't understand very well and I wish to
get some information.
Vice Chairman Gort: Six hundred and seventeen thousand.
Commissioner Regalado: Huh?
Vice Chairman Gort: Six hundred and seventeen thousand.
Commissioner Winton: So, could we -- Commissioner, I understand what your
questions are. Could we ask if this item being deferred to make sure that staff
does get with you before the next Commission meeting so they answer all your
questions appropriately?
Commissioner Regalado: Sure. Sure.
Vice Chairman Gort: Of course. Commissioner Winton, for your knowledge,
it's always been the policy of this board, that any Commissioner that ask for a
defer automatically is granted. .
Commissioner Winton: Didn't need a motion.
Vice Chairman Gort: Yes. We still have to go through the motion.
Commissioner Winton: Sorry.
Vice Chairman Gort: It's been moved. Is there a second? Discussion?
Commissioner Sanchez.
Commissioner Sanchez: No. I will oblige with my colleagues on this matters.
If they want to defer it. I'm prepared to vote. I'm just saying that, you know,
being that -- what we have going from heavy equipment all the way to lawn
mowers and all the equipment that we have, that we have to keep maintaining
and properly running to maintain our City streets clean and properly cut. I'm
prepared to vote on it, but if you want to defer it, I'll be more than glad to defer
it also.
Vice Chairman Gort: Okay. All in favor state by saying aye.
90 January 13, 2000
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 00-32
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 28
(PROPOSED AUTHORIZATION TO EXECUTE AMENDMENT NO.
I TO EXISTING AGREEMENT WITH GENUINE PARTS
COMPANY D/B/A NAPA AUTO PARTS FOR IN-HOUSE PARTS
OPERATIONS PARTNERSHIP FOR FIRE -RESCUE DEPARTMENT
AND GENERAL SERVICES ADMINISTRATION DEPARTMENT)
TO THE NEXT COMMISSION MEETING; FURTHER DIRECTING
THE MANAGER TO INSTRUCT THE FIRE RESCUE AND
GENERAL SERVICES ADMINISTRATION STAFF TO ADDRESS
COMMISSIONER REGALADO'S CONCERNS REGARDING SAID
ISSUE AND TO PROVIDE HIM BEFORE NEXT MEETING WITH
ALL THE PERTINENT SUPPORTIVE BACKUP INFORMATION
REGARDING PROPOSED INCREASES IN AFOREMENTIONED
CONTRACT
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 Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: Thank you.
Vice Chairman Gort: Item 29. Execute an agreement Simon Ladder towers, Fire
Department. This is the truck. My understanding is, in going through the
back-up papers, rather than reserve or refit one of our old units, we can get new
unit and save three hundred thousand dollars ($300,000).
Mr. Carlos Gimenez (Chief of Police): We'll save over a hundred and seventy
thousand dollars ($170,000), sir from the new unit cost.
Commissioner Sanchez: So moved.
91 January 13, 2000
Vice Chairman Gort: It's a motion.
Commissioner Winton: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor state by staying
aye.
The Commission (Collectively): "Aye."
Vice Chairman Gort: No nays. Thank you.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-33
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO THE AGREEMENT, DATE SEPTEMBER 18, 1997,
BETWEEN THE CITY OF MIAMI AND SIMON LADDER TOWERS,
INC., (CONTRACTOR), FOR A NEW AERIAL TRUCK FOR THE
DEPARTMENT OF FIRE -RESCUE AT A COST NOT TO EXCEED
$414,099, PLUS AERIAL TRUCK NO. 4855 AS A TRADE-IN;
FUNDING FOR THE NEW AERIAL TRUCK HAS BEEN
PREVIOUSLY ALLOCATED IN THE ABOVE-CITED AMOUNT
FROM ACCOUNT NO. 313233.289401.6.840.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: Item 30. Amending Resolution 99 - 874, Microsoft
Enterprise Select Agreement. This is the -- we've had this in front of us before,
92 January 13, 2000
didn't we?
Mr. Aldo Stancato (Interim Director, Information Technology): Commissioner,
you've passed this resolution before. We're changing the wording on it. It
initially said that it was with Wareforce. Wareforce is a contracting agency for
Microsoft. Now it will read that it's with Microsoft or its contracting affiliate.
It more clearly identifies it.
Vice Chairman Gort: My understanding one of the reasons we're doing this is
because we have a savings, we can show savings. And refresh my mind of how
many.
Mr. Stancato: The cost is three hundred thousand but it will produce a savings
of about three/four hundred thousand dollar ($400,000) over three years.
Additionally, this will further -- by stating Microsoft, it will further protect us,
the City, in the up coming potential litigation that Microsoft is going with the
Justice Department.
Vice Chairman Gort: Okay. Thank you. Is there a motion? Is there a motion?
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved and second.
Commissioner Sanchez: Second.
Vice Chairman Gort: Discussion? Being none, all in favor state by saying aye.
The Commission (Collectively): "Aye."
Vice Chairman Gort: No nays.
93 January 13, 2000
•
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-34
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 99-874 TO CLARIFY THAT PURSUANT TO
STATE OF FLORIDA CONTRACT NO. 252-001-97-1, THE CITY
MANAGER IS AUTHORIZED TO EXECUTE A MICROSOFT
ENTERPRISE SELECT AGREEMENT WITH MICROSOFT OR ITS
CONTRACTING AFFILIATE, AND NOT WITH WAREFORCE, AS
STATED IN RESOLUTION 99-874 FOR THE LICENSING OF
PRODUCTS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr
Vice Chairman Gort: Resolution establish for the Gold Cup 2000 Soccer
Tournament at the Orange Bowl.
Commissioner Sanchez: So moved.
Vice Chairman Gort: Move it. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Moved and second. Any discussion? Being none, all in
favor state by saying aye.
The Commission (Collectively): "Aye."
Vice Chairman Gort: No nays.
94 January 13, 2000
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-35
A RESOLUTION OF THE MIAMI CITY COMMISSION
ESTABLISHING A USE FEE AT $2,500 PER EVENT DAY, FOR
THE PRESENTATION OF THE "GOLD CUP 2000" SOCCER
TOURNAMENT BY INTERFOREVER SPORTS, TO BE HELD
FEBRUARY 12, 14, 16 AND 19, 2000 AT THE ORANGE BOWL
STADIUM, FURTHER CONDITIONING SAID AUTHORIZATION
HEREIN UPON THE ORGANIZERS PAYING FOR ALL
NECESSARY COSTS OF CITY SERVICES AND APPLICABLE
FEES ASSOCIATED WITH SAID EVENT, OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE, AND
COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS
MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: Thank you. Community Development Block Grant, that's
been postponed to the next meeting.
Mr. Donald Warshaw (City Manager): Has this one been pulled, 32?
Vice Chairman Gort: Wasn't all the allocations of --
Commissioner Sanchez: I believe it was. It's part of --
Vice Chairman Gort: No. Wait a minute.
Commissioner Winton: Thought it was all. They moved to defer. Seems to me
they all ought to be done at once.
95 January 13, 2000
•
L--]
Ms. Gwendolyn Warren (Director, Community Development): Yes, this is 32.
Vice Chairman Gort: My understanding is, when we -- all of this has got to go
back in front of the board.
Mr. Alejandro Vilarello (City Attorney): And this item should be deferred --
Vice Chairman Gort: deferred to --
Mr. Vilarello: The January --
Vice Chairman Gort: Seven. I'm sorry.
Mr. Vilarello: February --
Vice Chairman Gort: February 10th.
Mr. Vilarello: Tenth.
Commissioner Sanchez: Moved to defer --
Vice Chairman Gort: February the 10th.
Commissioner Sanchez: -- February the 10th.
Ms. Warren: Can you -- is it possible you can -- to the second meeting in
February? This is the inaudible.
Commissioner Sanchez: That would be the 17? So moved to be heard at the
February 17, meeting.
Commissioner Winton: Second.
Vice Chairman Gort: The 17. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Any discussion? Being
none, all in favor state by saying aye.
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
f�����►1[�ZIII C .
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 32
(PROPOSED ESTABLISHMENT OF A POLICY PRIORITIZING
FUTURE ALLOCATION OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS) TO THE COMMISSION MEETING
PRESENTLY SCHEDULED FOR FEBRUARY l 7, 2000.
96 January 13, 2000
•
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 Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: Thank you.
Commissioner Sanchez: Thirty-three, so moved.
Vice Chairman Gort: Thirty-three, the same motion. Will you make the motion
again?
Ms. Gwendolyn Warren (Director, Community Development):
Vice Chairman Gort: This is part of your CDBG (Community Development
Block Grant) also, so it needs to be deferred also.
Ms. Gwendolyn Warren (Director, Community Development): Yes, sir. Item 33
was the carry over of monies for two agencies that was previously allocated.
This one is not subject to the public hearing and the Commission directed us to
bring it back to this meeting and it's fine to be moved on, if you so desire.
Commissioner Winton: And this is a second reading, right?
Ms. Warren: No, this is a first reading but it's a -- yes. It only --
Commissioner Winton: I move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor state by saying
aye.
The Commission (Collectively): "Aye."
97 January 13, 2000
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-37
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE TRANSFER OF THE AMOUNTS OF $15,743
AND $23,370 FROM UNEXPENDED 24TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS
FOR THE PERIOD JULY 1, 1998- SEPTEMBER 30, 1999, TO THE
PERIOD OCTOBER 1, 1999 -SEPTEMBER 30, 2000, ALLOCATED
TO MODEL HOUSING COOPERATIVE, INC. AND WORD OF LIFE
COMMUNITY DEVELOPMENT CORPORATION, PURSUANT TO
RESOLUTION NO. 98-402.1, FOR UNDERTAKING HOUSING
DEVELOPMENT ACTIVITIES IN THE CITY OF MIAMI; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENT(S), INA FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE AFOREMENTIONED HOUSING
COMMUNITY DEVELOPMENT CORPORATIONS IN THE
AMOUNT(S) STATED ABOVE FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the 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: Thank you.
Vice Chairman Gort: Continue it, sort of kind of head -- I know we have the
NET presentation here. Is the Mayor ready to make the presentation?
Unidentified speaker: We're ready. Good afternoon, Commissioners, Mr.
Chairman, City Manager. It's with great pleasure that I want to introduce to
you the East Little Havana NET team, highly motivated group of people. We're
going to start here with the lieutenant, Mike Perez with the commander for the
Police Department, East Little Havana, and followed by the two NROs
(Neighborhood Resource Offices), the two officers, Jose DeHombre and Freddie
D'Augustino, also known in the area for "el Papi Italiano." The rest of the team,
98 January 13, 2000
I have Evelin Barriel, who is the Service Center Representative, and my two
Code Enforcement Officers, Aldo Reyes and Guillermo Borges. No, no, no, no.
She's in Little Havana. I also have a group of speakers. I also want to
introduce and later on I'd like to have the opportunity for them to say a couple
of words. I have Sallye Jude, Mr. Luis Sabines Junior, Frank Martinez and Jose
Fernandez, and they are all going to be here. We are going to try to be brief.
As you all know, East Little Havana, I'm going -to say the boundaries are 17
Avenue on the west. We have I-95 on the East. On the north part is the Miami
River. The south side we are bounded by 9 Street, between 12th Avenue to
17th is 9 Street. And then between 12th Avenue and I-95 we go down to 11
Street. There is a map there for you so you can have a better idea as to the
exact location. The population is approximately 40,000 people. The last
census indicates that 98 percent of those are Hispanics; 58 percent are Cuban,
but then, that was the last census in the .last 10 years. The community has
changed, so we believe right now that Cubans are under 50 percent. Again, all
the Hispanic in the area are from Central America, mostly Nicaraguans,
Hondurans, Colombians, and so forth. For your information, East Little Havana
is the poorest area in the whole City. There is a chart that will compare East
Little Havana to some of the other areas, and you can see. the amount of poors
in the East Little Havana community. We're facing with several problems.
Like we're facing with the rest of the City of Miami, that we are fighting day
by day, like illegal units. Our code enforcement inspectors are constantly
checking for illegal units, illegal construction. Solid Waste a big problem still.
we have problem with the apartment building that are putting the trash out.
And they are not supposed to. So we are constantly checking with the
inspectors. Passing out -- and you are going to see some flyers that we are
constantly passing out to the community to inform them of the code. regulations
and at the same time, in some cases, encouraging them to work with us with the
East Little Havana NET (Neighborhood Enhancement Team) office to give us
information and to help the East Little Havana NET clearing some of these
problems. We encourage them to call every time they see an illegal unit or
somebody dumping illegal in the streets, like if they see some crime committed
in the middle of the corners or at night, they will call the office an then the
police officer will take care of it. Again, there's a lot of good things in Little
Havana. I'm not going to mention all the bad things. The opportunities are
there. We have probably beginning of February, the Latin Quarter Specialty
Center, that's going to break ground. The Tower Theatre, which is probably in
the next few month, going to be finished. Hopefully. I don't want to say a
date. But it's getting there. It's finished. The exterior is finished, and we're
just retouching the interior with lights and screens and so forth, but you are
seeing that the area is picking up. We have the largest concentration of cigar
stores in the area, record shops, you name it and we got it. Restaurants. Some
of the best restaurants are in the East Little Havana NET area, the Orange
Bowl, Domino Park. Again, the Miami River -- and I no Sallye is probably
going to say a few words on the Miami River but that's one of our most positive
things that we have in the area is the Miami River. As you all read in the
paper, there are several things going on on the other side of East Little Havana,
which I'm sure is going to trickle down to our area and it's definitely going to
be booming. I have one of the investors here that's going to actually talk a
little bit later as to why he's in Little Havana and there is a lot of money
coming in. I know I am taking a little bit of our time. I'm going to leave it to
99 January 13, 2000
the commander to -- but I can't -- I can't finish up my part of the speech
without saying that this is a NET team, the whole concept. They work together
with us. Any kind of their problems is our problem. Our.problems is theirs. I
think we have some of the best police officers working in the area. Definitely
we -- Friday we're getting the unit citation for some of the undercovers that are
working at night an also our two NROs are getting community service award for
the year because they have done a lot of projects. And I'm going to have
Lieutenant Mike Perez address you and go a little bit more into the police
matters. Mike.
Mr. Lewis Perez: Good afternoon. My name is lieutenant M Perez. I've been
in East Little Havana for about nine months. I was assigned by the Chief of
Police there back in April of `99. I just want to cover some of the most
significant accomplishments of `99 for you. In East Little Havana the area has
shown a 12 percent decrease in major crimes and 19 percent increase in arrests.
Additionally calls for service have been decreased by two percent. We have an
Operation Hell Raisers /Clean Streets, which is the name of it now. These are
five officers and one sergeant assigned. They basically combat any problems
that the area may have that I need help with. Basically, they are narcotics
related. That's the - big problem we have in the area. And also quality of life
issues of course. The operation netted over 1200 arrests in the nine months that
they've been existence, which is excellent, and we've received a lot of praise in
the area from citizens about the operation. Also, when I got there, there was a
lot of homeless people in the area and we have homeless sweep team that's we
created an basically we do four to six every months we do a homeless sweep
and.we get the assistance team out there and we assist the homeless people to
try to improved their lives and I think that the results have decreased the
homeless population in the East Little Havana area, include improving the
quality of life. We also have done prostitution details on a weekly basis, which
has netted over 300 arrests and over 175 confiscated vehicles under the VIP
(Vehicle Impoundment Program) program. I'm just going to go over some of
the major accomplishments and now the major events and operations.
Basically, we've done some bar /cafeteria checks, my sergeants do those every
month. But also, during the middle of the year, the City departments we
created a Bar Inspection Team, which had inspectors from electrical, plumbing,
anything you could think of, fire, and we got together as a team and we went
out an checked these bars and cafeteria. They were cited. And I think it
created a good atmosphere for the area and we also -- at that time, I saw that
the crime did decrease during those months that we were doing that and I think
that as a team we did a really good job as a City and a team. Also, we've done
some community event, Halloween party. We had over 1300 people that
attended we gave different types of things away. And while we gave turkeys
away with Commissioner Sanchez on Thanksgiving. They -- these NROs do a
;Junior Swat Camp every year with some elementary kids. They have over a 100
people. The NROs, DeHombre and D'Augustino, who I can't say enough about
them. They are great officers, and I haven't worked with two better officers in
my career and I've been here for 20 years. They are excellent. They received
the Community Service Award six times out of twelve this year. As Pablo was
saying, they are going to get the Policing Award for the year. The last thing I
want to cover is, as I said, the major crimes were down. Robbery, as a whole,
was down 17 percent; burglary, 23 percent; auto theft 11 percent; larceny, 7
100 January 13, 2000
percent. So I believe that we're on the right track and I also want to give credit
to Pablo's team. They are excellent and I think myself and Pablo get say long
really good and that's what makes a team. I think East Little Havana has the
right foot forward and we're out to improve the community and I think we're
doing that. Thank you.
Vice Chairman Gott: Thank you, sir.
Mr. Pablo Canton: Now, I would like to introduce Mr. Jose Fernandez, who is
an investor in the area.
Mr. Jose Fernandez: Thank you, Pablo. Good afternoon, Commissioners. My name is Jose
Fernandez, and I grew up in Little Havana.
Vice Chairman Gott: Address.
Mr. Fernandez: Address? 471 Southwest 8th Street. I grew up in Little
Havana, but I was away to Los Angeles for about 10 years. And came back in
`86 and actually ended up doing a lot of real estate in South Beach. Five years
ago, to fast forward you, I bought a building on 8th Street an Fifth Avenue and
renovated it and shortly there after moved our offices over there, in hopes that
that would be the next up in coming area. Little did I know that downtown was
way ahead of East Little Havana but now East Little Havana is definitely
following in those footsteps. I'm very happy to say that over the last five years
I've seen a remarkable improvement in the last 12 months. I'm not sure what
happened, but it's like things just started to come together. The NET office has
been working incredibly well in the area, as well as the support that we receive
from Commissioner Joe Sanchez in gathering with whom owners and working
together with the NET to really focus in on the littlest tiny details that make a
big difference in a neighborhood. We -- I am particularly looking forward to
the development of the Tower Theatre area as a tourist destination probably
within the next couple of years. Flagler and the rest of 8th Street should be
following. We're starting to get a lot of residential activity in the area, which I
see is very important before the commercial district can turn around because if
you don't have the spending power, you can't really -- you don't need the
Supercuts and the Pizza Huts and all the other stuff, the laundries and so forth.
So it's incredible to see the amount of action that we had in 1999, and I am
terribly enthusiastic and I'm communicating it to all our investors of which we
are starting to bring in and is actually selling buildings, which we had a very
hard time doing in last few years. And I just can't say more. I don't want to
take up any more of your time. But I think the year 2000 is -- will be
geometrically better. Thank you.
Vice Chairman Gort: Thank you, sir.
Mr. Canton: Thank you, Jose. And now I'm going to have Luis Sabines, Jr. I
cannot say enough about Mr. Sabines. He's working extremely hard to do the
Facade Program in our area. And we have done over 60 in this past year and
everything is because of the -- due to the hard work of Mr. Sabines.
Mr. Luis Sabines: Commissioners, I'm Luis Sabines Junior, Assistant Director,
101 January 13, 2000
Small Business Opportunity Center. First of all, I would like to say that none
of my work could be possible without Mr. Canton -- address? 6407 Northwest
2nd Street, Miami, Florida. I'd like to stay that none of my work could be
possible without the help of Pablo and his staff. Not only do we have the
Facade Program, we have our Code Compliance Program, which I see we've
contained over 60 jobs in that area through that. Also, we have collected
thousands of dollars in businesses that owe the City in licenses or certificates of
use which that benefits the City very much because I do know there is a lot of
businesses that owe the City a lot of money -- and this is the only way that this
is being done. And also I like to say, that sense Lieutenant Parrish took over
the area there has been a big difference and a big change. And I like to
commend the Lieutenant and his staff for the great job that they do. Thank
you.
Vice Chairman Gort: Thank you. Sir. Next.
Mr. Canton: Thank you, Luis. And now I'm going to have Sallye Jude. She
needs no introduction. As you know, she's very active in the area. Sallye,
please.
Vice Chairman Gort: She's one of the pioneers that did a beautiful development
in the river.
Miss. Sallye Jude: I have to tell you that the NET office, all of the staff there
has --
Vice Chairman Gort: Name and address.
Miss. Jude: Oh, Sallye Jude, 200 Edgewater Drive, Coral Gables, Florida.
The NET team has made a tremendous difference in our area. I started
developing in East Little Havana in 1975, when nobody else was there. I have
spent five million dollars ($5,000,000) in that neighborhood. But beyond
spending money and having development that I am pleased with, I see needs of
the neighborhood that I feel like we must address. The lack of parking space in
the neighborhood is a tremendous problem, 20 acres of park or less. When we
get the school redone, that will be used as school ground so it will reduce it
even more. My wish is to look for pocket parks and find funding for that. And
as a member of the Miami River Commission, I see a very great excitement in
that area but I have to feel like we, as members of a community, have to be part
of that big planning and I see a need for an overlay district all say long the
river, if we're going to be a great City. Thank you.
Vice Chairman Gort: Thank you, Sallye.
Mr. Canton: Thank you, Sallye. And now I'm going to introduce Mr. Frank
Martinez, who's an assistant professor of architecture at University of Miami,
and he has been working for the last several years in the East Little Havana
area, together with his students.
Mr. Frank Martinez: Thank you, Pablo. Frank Martinez, I reside in west Little
Havana, 2211 Northwest 4th Terrace. I really am here to express gratitude to
102 January 13, 2000
the NET office. Pablo and the entire team and staff; they've been incredibly
helpful to us at the University of Miami. And in a way I'm representing both
the School of Architecture and the School of Medicine. We've worked there
through various grants. One major grant through the Department of Education,
which actually brings lots of services to the children of East Little Havana and
currently we're pursuing working on a grant through the Robert Wood -Johnson
Foundation that seeks to study the physical environment and the impact of that
with reference to child development and the snaking of community. So
certainly there is a great interest across the country with the development of
cities more urban areas and particularly the inner city and really without their
help and it's the kind of help that actually happens during the workday but also
on the weekends, I can't think of countless number of times that Pablo and his
staff have is actually given tours to welcome scholars from other part of the
country, as well as to an incredible amount of time spent with our students at
the School of Architecture, so I really do need to thank them and also many of
you that have participated in wonderful he strength in East Little Havana.
Thank you.
Mr. Canton: Thank you, Frank.
Vice Chairman Gort: Pablo, you allow your staff to introduce themselves and
explain what they do. Very short.
Mr. Canton: okay. We're going to start with Mr. Aldo Reyes, who is one of
the code enforcement inspectors. He started eight years ago, since we start
NET in Little Havana, before we even broke it down. He's one of the original
inspectors. We started `92, so it's eight years now. Aldo.
Mr. Aldo Reyes: Good afternoon, Commissioners. My name is Aldo Reyes,
Code Enforcement Inspector. And I'm here working as a team. We're a team in
that office and working hard to move that area up. Thank you.
Vice Chairman Gort: Thank you.
Mr. Canton: Bill Borges, code enforcement inspector.
Mr. Bill Borges: Good afternoon, Commissioners. My name is Bill Borges. I
work for the East Little Havana NET office. Been an inspector now for about a
year and a half. And I'm enjoying my job tremendously. Thank you.
Vice Chairman Gort: Thank you.
Mr. Canton: Evelin Barriel, she's.Service Center Representative.
Ms. Evelin Barriel: Good afternoon. My name is Evelin Barriel. It's a pleasure
to work for East Little Havana NET, and the team we have. Thank you.
Vice Chairman Gort: Thank you.
Mr. Canton: .Okay. We can't finish without having our two NROs say a couple
words. Officer DeHombre and Officer D'Augustino. Both.
103 January 13, 2000
Commissioner Sanchez: They are individuals of few words and a lot of action.
Mr. Jose DeHombre: Good afternoon. Jose DeHombre, 17 years with the
Police Department and enjoying every single day.
Vice Chairman Gort: Thank you. When are you doing the bike ride again?
Mr. Fred D'Augustino: Officer Fred D'Augustino. I'm the Neighborhood
Resource Officer for East Little Havana. And I've been there about a year now.
Thank you.
Vice Chairman Gort: Thank you.
Mr. Canton: In short, Commissioners, all I can, tell you is that we want to
thank the rest of the departments for backing us up, the City Manager's office,
NET central, the Homeless Assistance Program that we have, they were all
being extremely great in backing us up.in doing what we do. So, without them
we can't really be successful. But, at the same time, I also want to thank my
group, my team, our team that is working. extremely hard to make Miami better
for you and the community. Thank you.
Vice Chairman Gort: Thank you. Are there any questions from the
Commissioners?
Commissioner Sanchez: Mr. Vice?
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: Mr. Vice chair, if I may say, I would hope that all of
you had a NET office like I have in my district. It is truly an honor to work
with them. I am very pleased to help them in any way. They truly do make a
difference in Little Havana. And I've always been a big support of the NET
concept and especially, you know, all the good things that they have done in the
community. Their records speak for themselves. So, I want to commend each
and every one of you for the tireless jobs that you do for this City. Thank you.
Vice Chairman Gort: Thank you.
Mr. Canton: Thank you.
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: My comment about the NET office also is that I've had
an opportunity to get out and visit a lot of the NET offices and I have found
across the board, unequivocally, that in every NET office that I've been in in this
City, it's full of -- some of them are smaller offices than others but the
employees in those offices have been absolutely phenomenal. I mean, the
enthusiasm, and commitment has been -- has really been very rewarding for me.
And what's more important is that the citizens and the neighborhoods really are
coming to depend on those of you who work in these NET offices and the only
104 January 13, 2000
complaint that they have, Mr. Manager, is that they don't have enough
resources. And so I hope, as you continue to look at new ways to make our
City better, that you find additional way toss pull more people out of the MRC
(Miami Riverside Center) Building and get them in those NET offices to help
with every single level of service that we can think of to bring the services
back to our neighborhoods and the neighbors love it. It gives us a great image
in the neighborhoods. It's very responsive and with the kind of dedicated
people that we seem to have in all of them, I mean, it's a huge plus for all of us.
Vice Chairman Gort: Thank you. Thank you all for being here.
Mr. Canton: Thank you.
Vice Chairman Gort: Item 34 was pulled. Item 35.
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, Item 35 is a request for settlement authority
in a lawsuit involving Janeka Brown versus the City and several individually named police officers
in a Federal Civil Rights Action. This cause of action is alleged out a March 12, 1996 incident,
where we attempted to serve a search warrant; a shoot-out ensued. Mr. Richard Brown was fatally
shot and there was a near shooting of Janeka Brown, the named plaintiff in the lawsuit. Since the last
meeting, the City Commission had requested that the Chief of Police provide assurances that, in fact,
through additional training and supervision, that we could assure, to the best of our ability, that this
incident would not be repeated and he's done so. In addition, did review the report of the inquest on
this matter and, in fact, all the police officers individually named in this lawsuit have been cleared of
any wrongdoing on any criminal charges as a result of the inquest investigation in this case.
Notwithstanding that, I still continue to recommend settlement of this lawsuit with Janeka Brown in
the estate of Richard Brown.
Commissioner Sanchez: Mr. Vice Chair?
Vice Chairman Gort: Yes. Go ahead.
Commissioner Sanchez: This item has been in front of us, I believe, already three times. It has been
the administration's recommendation, as well as the legal representation of the City of Miami, that
we settle this lawsuit. And as much as it hurts to have to pay this money, I am willing to move this
item.
Vice Chairman Gort: There's motion to move. Is there a second?
Commissioner Winton: Second for discussion.
Vice Chairman Gort: Discussion.
Commissioner Teele: Discussion. Mr. Chairman, it doesn't hurt to settle lawsuits. We need to do
that. The question is, you know, are we going to ensure the public, in settling this, that this kind of
occurrence will not happen again, reasonably? And, secondarily, have we put in place the
appropriate safeguards to guard against this type of occurrence? We all are aware of what's
105 January 13, 2000
happened in New York and other cities. We all are aware of a series of circumstances that's
happened in Dade County in which Miami is the only city that has been the epic center of the civil
disturbance based, quite candidly, on police actions that have been taken that do not have the support
of the cormnunity. Now, let me be very candid, Commissioner Sanchez. This didn't happen in your
district. It didn't happen in the context of what is of concern to the community that I represent, but
I'm not going to white coat or sugarcoat the fact that this City has had, long before I was privileged to
serve or you or anybody on this dais, a problem with the discharge of weapons by the City of Miami
Police Department in the African -American community. Now, when you start paying out two point
five million dollars ($2,500,000) of taxpayer money, I think it is incumbent upon, at least this
Commissioner, to receive something in writing, which is not in this agenda, which is not in this
packet from the Manager and the Police Chief, that there have been an adequate safeguards, training
and corrective actions taken, after action reports -- now, we're going to have a discussion at four
o'clock on things, quite candidly, that I may have a different view about, but I'm going to tell you
something. If this Commission doesn't begin and doesn't understand the importance of
understanding the sensitivities in each and every community that are different, this Commission is
headed -- rushing headlong into some very rocky road. Now, I am not going to be, a potted plant,
north am I going to rubber stamp this -- and I may be a four to one vote, but I am going to receive
something in writing, that is not here today, that I've asked for repeatedly...
Mr. Vilarello: Mr. Chairman?
Commissioner Teele: ...as it relates to this item being on the agenda, of the full After Action Report
and a full report and a statement by the Police Chief that, in his professional judgment, that there are
adequate safeguards to ensure that this type of occurrence will not happen again. That doesn't get
into admitting guilt; it doesn't get into saying that anybody did anything wrong, but we wouldn't be
paying two point five million dollars ($2,500,000) -- and we're the stewards of that. We're writing a
check right now for everybody that we represent out of their pocketbook to settle this matter. I am
not very pleased, at all, that a family will receive two point five million dollars ($2,500,000) because
I would rather see the life not be lost in my community. And, so, Mr. Chairman, with your
permission, I'm asking the Manager and the Director again, for a statement of assurance that this kind
of circumstance has been evaluated; it's been examined; that there are adequate safeguards and that,
in their professional judgment, we will not be confronted with this type of situation again. Who's to
say what other circumstances, but I think that's a reasonable request.
Mr. Vilarello: Mr. Chairman?
Vice Chairman Gort: My understanding, last time, when we deferred this item, we requested that.
Mr. Vilarello: Mr. Chairman that, in fact, has been provided by the Chief of Police. It is not
included in the agenda package but it has been addressed by the Manager and the Chief of Police and
distributed to the City Commission.
Commissioner Teele: And the point that I've asked, repeatedly, is for there to be a clear statement on
the record.
Mr. Vilarello: The clear statement, I repeated -- Commissioner, it is less than a foregone conclusion
that this matter is settled. So, I'd be very happy to present and represent that this Chief of Police has
reviewed this matter; has reduced it to writing, and distributed it to the City Commission. However,
as far as a statement before the City Commission, I will make a statement on the Chiefs behalf, that
he has reviewed the situation and made sure that, through training and supervision, that he has
ensured that this matter won't -- situation like this won't happen again in the future, and he's...
106 January 13, 2000
0
Vice Chairman Gort: If you recall, one of the times -- every time you bring any one of these items,
being any other departments, that we ask, let's learn from this to make sure that we don't have to
make another payment in the future. Not only this, any department. .
Mr. Vilarello: Commissioner, on any settlements, not -- this one notwithstanding, before we
recommend a settlement to the City Commission, we discuss it with the affected department. I don't
always get their concurrence. However -- because some of those decisions are for me to recommend
to this City Commission, ultimately, your decision. However, we do review with each of the
departments so that we can -- not that I'm talking about this case in particular -- but that we can learn
from any errors in judgment or errors -- mistakes in a particular case.
Vice Chairman Gort: OK. Thank you. Further discussion.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Teele: Mr. Vilarello, you're an attorney?
Mr. Vilarello: Yes, sir.
Commissioner Teele: You are speaking now as an attorney or a person that has personal knowledge
of the review? Because I am keenly aware of the responsibilities of lawyers to advocate. Now, I
would like to know on the record, are you speaking based upon the fact that you have personally
reviewed the record yourself and determined and -- are making statement as a person that has
reviewed the record or are you speaking as an attorney?
Mr. Vilarello: Well, as your attorney. I have not only reviewed the record on this particular case...
Commissioner Teele: As the attorney for the citizens of the City of Miami, yes, sir.
Mr. Vilarello: Yes, sir. I have not only reviewed the matter that is handled primarily by another
assistant in my office, but I've reviewed the record in this particular case and do not lightly make a
recommendation for settlement in this case.
Commissioner Teele: I'm not questioning, at all, your recominendations. That's -- see, what I want
to do is move this from being a legal advocacy to a responsibility, which we have. And the only way
I'm going to get that is to hear from the Manager or the Attorney, unless you're telling me that you've
reviewed the record, not as an attorney, but as an official of this City and you're -- not as an attorney
you're speaking, because we all know what attorneys are paid to do. That's advocate for whatever --
what I'd like to understand is, are you representing to us that you've reviewed the record; you've
reviewed the fact situation; you have reviewed the process and the training and the corrective actions,
and you are personally comfortable that those actions have taken place?
Mr. Vilarello: Well, I have not reviewed all of the records associated with the training.
Commissioner Teele: OK. Then, that's what I want to establish. So, who has reviewed the record?
Mr. Vilarello: The records are reviewed by the Police Department and the policies are reviewed by...
107 January 13, 2000
0. 0
Commissioner Teele: All right.
Mr. Vilarello: ...the Police Department on a regular basis. We have hundreds of cases involving
similar policies of the Department. We are, on a regular basis, reviewing and updating those
policies.
Commissioner Teele: Similar to two point five million dollars ($2,500,000)?
Mr. Vilarello: Pardon me?
Commissioner Teele: You said you have hundreds of cases...
Mr. Vilarello: We have hundreds of..
Commissioner Teele: ...that are similar?
Mr. Vilarello: We have hundred of cases involving police torts and/or civil right violations, yes, sir.
Commissioner Teele: Mr. Chairman, with your permission? Mr. Attorney -- Mr. Manager, have you
reviewed the record?
Mr. Donald Warshaw (City Manager): Commissioner, I'm intimately familiar with this case,.
because I was the Police Chief at the time. If you recall, at the last meeting, both myself and the
Chief wanted to respond to your questions on the record but, on the advice of the attorney, he told us
basically we shouldn't be discussing it in this forum, so we didn't. But the answer is yes, I have
reviewed it; the Chief has reviewed it. The Chief is very familiar, as am I, with what happened; how
it happen -- I mean, from "A" to "Z."
Vice Chairman Gort: My understanding is, the question being asked is, do we have the sufficient
training; that we have put sufficient documentation so this would not happen again? That's the
question and do you agree with it and you have seen it and you...
Mr. Warshaw: And the answer is, yes.
Commissioner Teele: And Mr. Warshaw -- Mr. Chief, have you reviewed the record?
Chief William O'Brien (Chief of Police): Yes, I have.
Commissioner Teele: And are you confident...
Vice Chairman Gort: Police Chief, introduce yourself.
Chief O'Brien: William O'Brien, Chief of Police.
Commissioner Teele: And are you confident that the procedures and the safeguards have been put in
place to ensure that a similar occurrence, in this fact situation and circumstance, will not occur again?
Chief O'Brien: Training has been conducted to ensure that this will not happen again, that's correct.
Commissioner Teele: That's the only question I've been asking you now for three Commission
meetings. The last time I asked the question, the statement was "I'm not sure. I can never say that it
108 January 13, 2000
won't happen again." And -- I mean, I'm all right with it as long as professionals are reviewing this
and determining it. So, I don't have a problem with it. All I'm asking for is a clear statement on the
record.
Vice Chairman Gort: Thank you. Any other -- Mariano.
Mr. Mariano Cruz: Yes. Mariano Cruz, 1227 Northwest 26 Street, Miami, Florida. What bothers
me when I read the -- I read the agenda the other day, they came -- a settlement of periodic payments
but no amount. How come they didn't write a two point five million dollar ($2,500,000) there? Was
it sent -- another cover-up? Because they should put like two point five million dollars ($2,500,000)
because we are entitled. We are paying. The taxpayers are paying for this. Not only that, last year,
how many -- still making payments. Is it chokehold payments? Now, we've been making payments
in -- what's the other one? The Pottinger decision, too, we making payments? Are we making
payments -- we were making payments to throw away weapons, the change for radio to -- it is not
training and supervision. You now what it is? It's the man on the street. The buddy -buddy system.
Because people know who is the guy who's going to go bananas in a certain minute. It's not training
and supervision. It's whatever happens outside. It's adrenaline flowing; the hormonal imbalance,
whatever you call it. It will happen in that split second that determines how the officer is going to
react. Because I've been in conflict and I know how I'm going to react. You never know until you
are in conflict, how you're going to react. Much training you can have and much going to
(unintelligible) thing, that doesn't help a lot. It's your buddy. The guy knows how you may be by
certain things, certain warning signs. That's the way it is. Get those apples out and you know who
those apples are because they got the code of silence. Thank you.
Vice Chairman Gort: Thank you, sir. By the way, two point five million dollars ($2,500,000) has
been public records, been in every document that we've had, so there's no corrupting that. Any
further discussion on that?
Commissioner Sanchez: Yeah. I just have a question for the City Attorney. How much money have
we spent on liability -- Police Department liability in the last year?
Mr. Vilarello: I can provide you a report on that. I don't have that number readily available.
Commissioner Sanchez: Well, provide me with the last ten years.
Vice Chairman Gort: OK. Any further discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Nays? No nays. Thank you.
109 January 13, 2000
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-38
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
JANEKA BROWN, A MINOR, WITHOUT ADMISSION OF
LIABILITY, AND TO THE ESTATE OF RICHARD BROWN,
WITHOUT ADMISSION OF LIABILITY, A SETTLEMENT
IN PERIODIC PAYMENTS OVER TWO FISCAL YEARS, IN
FULL AND COMPLETE SATISFACTION OF ANY AND
ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, FOR THE CASE OF JANEKA BROWN, A MINOR,
THROUGH HER LEGAL GUARDIAN, CHARLIE MAY
ELLIS, AS PERSONAL REPRESENTATIVE OF THE
ESTATE OF RICHARD BROWN, IN THE UNITED STATES
DISTRICT COURT IN THE SOUTHERN DISTRICT OF
FLORIDA, CASE NO. 97 -2415 -CIV -JORDAN, 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 Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
110 January 13, 2000
Vice Chairman Gort: Thirty-six.
Mr. Alejandro Vilarello (City Attorney): The next item is a request for
authorization to retain the law firm to represent MSEA (Miami Sports and
Exhibition Authority) in the lawsuit Decoma versus the City of Miami and the
Miami Sports and Exhibition Authority.
Commissioner Sanchez: Alex, how many have we spent already on legal fees
for MSEA?
Mr. Vilarello: With regard to MSEA representation, I believe this. is the
approximately seventy to seventy-five thousand dollars ($75,000) in its
representation. This is before you because -- in fact, this City -- my office an
outside counsel for the City represented MSEA over the last several years of
this litigation. It came to a point in time where there was a conflict of interest
and our office, continuing to represent MSEA and MSEA was -- it was required
that MSEA retain separate council. This is their separate counsel.. We cannot
handle this litigation because of ethical conflict of interest.
Vice Chairman Gort: Okay. What is the wish of this board?
Commissioner Winton: So, I move the resolution.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Second. Any discussion? Being none, all in favor state
by saying aye.
The Commission (Collectively): "Aye."
111 January 13, 2000
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-39
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY
A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE,
RATIFYING, APPROVING AND CONFIRMING THE
REQUEST OF THE MIAMI SPORTS AND EXHIBITION
AUTHORITY ("MSEA") TO RATIFY THE ENGAGEMENT
BY THE CITY ATTORNEY, ON BEHALF OF MSEA, OF
THE LAW FIRM OF .VERNER, LIIPFIRT, BERNHARD,
MCPHEARSON AND HAND TO REPRESENT MSEA IN
THE CASE OF DECOMA, LTD., A TEXAS LIMITED
PARTNERSHIP VS. CITY OF MIAMI, A FLORIDA
MUNICIPAL CORPORATION, AND MIAMI SPORTS AND
EXHIBITION AUTHORITY, CASE NO. 96-12055 CA 04 IN
THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT; PAYABLE FROM MSEA OPERATING
ACCOUNT, NO. 189001117384.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS:. None.
ABSENT: None.
Vice Chairman Gort: Thank you.
Vice Chairman Gort: Thirty-seven.
Commissioner Sanchez: So moved.
Commissioner Teele: Second.
Vice Chairman Gott: Inaudible. It's been moved and second.
Commissioner Regalado: Mr. Chairman?
112 January 13, 2000
Vice Chairman Gort: Yes.
Commissioner Regalado: Mr. Chairman, one. I thank the Commission for this
appointment. Also, I would like the Manager to not only provide information
but logistical support in terms of whenever we need information or some
proposals that he would facilitate that for us.
Mr. Donald Warshaw (City Manager): No problem.
Vice Chairman Gort: Okay. Any further discussion? Being none, all in favor
state by saying aye.
The Commission (Collectively): "Aye."
Vice Chairman Gort: No nays.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-40
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING COMMISSIONER TOMAS REGALADO AS A
COMMITTEE OF ONE (THE "COMMITTEE") FOR A
PERIOD OF 360 DAYS, TO REVIEW THE STATUS OF
ECONOMIC DEVELOPMENT IN THE CITY OF MIAMI;
REQUESTING THAT COMMISSIONER REGALADO
PRESENT A REPOT OF HIS FINDINGS TO THE CITY
COMMISSION WITHIN SIXTY (60) DAYS FROM THE
DATE OF THE ADOPTION OF THE HEREIN RESOLUTION
AND EACH SIXTY (60) DAYS THEREAFTER; DIRECTING
THE CITY MANAGER TO PROVIDE ALL INFORMATION
AND ADMINISTRATIVE SUPPORT AS REQUESTED BY
THE COMMITTEE; FURTHER REQUIRING THAT ALL
MEETING WITH MEMBERS OF THE COMMUNITY OR
OTHER INDIVIDUALS OR ENTITIES HELD FOR SAID
PURPOSE BE CONDUCTED PURSUANT TO AND IN
ACCORDANCE WITH THE PROVISIONS SET FORTH IN
F.S. 286.011 (THE FLORIDA GOVERNMENT IN THE
SUNSHINE LAW).
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
113 January 13, 2000
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Proposed resolution City Commission meeting amend
resolution.
Commissioner Teele: Number 38, I so move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: Thirty-eight, it's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor state by saying
aye.
The Commission (Collectively): "Aye."
114 January 13, 2000
•
•
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-41
A RESOLUTION OF THE MIAMI CITY COMMISSION,
AMENDING RESOLUTION NO. 99-823, WHICH
AUTHORIZED AN EXTENSION TO THE CONSULTING
SERVICES AGREEMENT WITH MODIS CORPORATION,
FOR THE PROCUREMENT OF COMPUTER
PROGRAMMING CONSULTING SERVICES FOR THE
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, TO REFLECT THAT THE TEM OF
THE AGREEMENT WITH MODIS CORPORATION SHALL
BE SUBJECT TO EXTENSIONS AS APPROVED BY THE
STATE OF FLORIDA; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO
SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO REFLECT THE CORRECTED TERM
OF THE AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thirty-nine. Bicentennial Park Parking Concession. Anybody to address that?
Commissioner Sanchez.
Commissioner Sanchez: Yes, sir, Mr. Chairman. Last Commission meeting, pursuant to the
Commission, Bayfront Park Management was requested to put out an informal bidding, which we
did for temporary parking at Bayfront Park -- Bicentennial Park. When I was advised of that, we,
basically, followed all the proper procedures on this and we said for the process, that we contacted all
the companies that pertain to that business. We contacted Central Parking System, Central City
Parking, Caribbean Parking, Goldstar Parking, Bayfront Venture; Miami -- City of Miami Off -Street
115 January 13, 2000
Parking also participated in it. We contacted Baretto Cunningham in May, DAK (Demand
Assistance Corporation). At that time, the bidding went out. We contacted the City Manager for
open bidding and we put out the -- we went with the best deal at the end, which was 90/10 for the
park. At this time, we ask that we would be able to put out the RFP (Request for Proposal) for self -
parking at Bicentennial.
Vice Chairman Gott: Is that a motion?
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been a motion. Is there a second?
Commissioner Winton: Second for discussion purposes.
Vice Chairman Gort: Discussion. Commissioner Winton.
Commissioner Winton: I guess -- and, Commissioner Sanchez, I think that the idea that, in some
fashion or another, we figure out ways to generate more revenue for the Bayfront Park Trust in
support of parks downtown, and I think that concept is very important. I'm just nervous about the
idea of establishing parking in Bicentennial Park because, in this City, we've all seen -- although, I
think there's a lot of new players today. But there sure is a lot of history of once something gets
planted somewhere it never can get removed. And the last thing we want Bicentennial Park to
become is a parking lot. And that's point one. Point two is, I guess I'm a bit concerned because I've
been under the impression that the idea behind the American Airlines Arena was that we would get
pedestrian traffic and new business generated on the west side of Biscayne Boulevard, and if we are
forcing people to park on the west side of Biscayne Boulevard and get out of their cars and walking
through that neighborhood there, we have a greater chance that businesses that want to open
restaurants and provide services to people going to the games, will, in fact, do so. Rather -- and we
diminish that opportunity if we allow the patrons of the Arena to park on the east side of the
boulevard. We, literally, will give them the opportunity to stay on the east side of the boulevard; go
to the game; get back in their car, and go away. And part of our mission here is to bring new
business to the west side of Biscayne Boulevard into Park West, and the more people we allow to
park on the east side, the less the opportunity is going to occur for generating business. So, those are
my two concerns.
Commissioner Sanchez: Johnny, If I may address your concerns. And I'm with you on what you're
saying. I think there's more to this than just, you know, being a parking issue. As you know, Morse
Diesel, who is, basically, doing all the construction work at the Arena. First, with having a thousand
employees, then not have a place to park, and we were very concerned about people parking across
Biscayne Boulevard and walking over. Because I think it would have been a possible liability issue
on that. So, we -- the Bayfront Park Trust, basically, put out -- and we voted on it and the
Commission approved it -- to allow them to park there, while the construction was going on. Their
lease expired December the 31 st, and the Bayfront Park Management Trust extended it to March the
31 st, until they're done. Now, there's more to this. As you know, in 1994, Resolution 94-204 was
passed, giving the Bayfront Park authority to operate and maintain Bicentennial Park. It's costing the
park right now five to six thousand dollars ($6,000) to keep it clean and maintained. Now, one of the
first'things that I did when I came -- I was appointed by you, and I thank you, this Commission, for
appointing me as the Chairman of Bicentennial -- Bayfront Park -- was to make sure that
Bicentennial Park was kept clean, as much as possible. And one of the first things I did, I directed
Ira Katz, who's a director, to assure that that park was maintained. The concern that I have is that
there is no restoring plan for that and, therefore, being that we maintain the park, it's costing us
116 January 13, 2000
money. As you know, that Bayfront Park took a budget cut because of financial situation. Our
budget was cut by two hundred thousand dollars ($200,000). So, it's costing us a lot of money to
maintain the parking. I think we've done a great job and I think that Greg Bush would --I took a tour
with you, that we took, and there was another tour that I couldn't make it. But, Johnny, I was with
you on one of them. I think, at that point, being -- I think it's maintained as best as we can, with the
resources that we have. So, that's one of the concerns that -- I have even established a committee,
chaired by Ruth Greenfield, a strong advocate of parks, along with Greg, and they have input on
putting together a master plan to restore Bicentennial Park. We had -- and I would like participation,
not only from Waterfront Board but also the DDA (Downtown Development Authority), the CRA
(Community Redevelopment Agency) and other organizations, to assure that that park -- at some
time somebody puts a master plan to restore the park. But...
Vice Chairman Gort: (Inaudible).
Commissioner Sanchez: CRA, of course. The CRA. I forgot the CRA.
Commissioner Winton: You said CRA.
Vice Chairman Gort: You said CIA (Central Intelligence Agency).
Commissioner Sanchez: No, the CRA. So, that is one concern that we have. And I agree with you.
We need a long-term plan for that park but you know it's taking money to maintain that park and we
have to come up with it. I think that, within the next couple of months or very shortly, the company
that's there now, Morse Diesel, will be out. And we've even committed that that money that's
generated at the -- for parking will go back into Bicentennial Park for improvements, whether it be
maintaining or providing improvement to it. I don't have a problem with that.
Commissioner Winton: You know...
Vice Chairman Gort: Thank you.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes. Commissioner Winton.
Commissioner Winton: One more comment, and Commissioner Teele brought this point up at,
probably, two Commission meetings ago. And that is this whole issue of what's -- what lands we're
going to allow for parking in that area? This whole parking issue is a crucial issue that has to,
ultimately, get resolved because everyone knows that surface parking destroys the
pedestrian -friendly environment that we're looking to create both in Park West and the park itself.
And we also know that, in order to make Bicentennial Park successful, we're going to have to have
buildings that bring pedestrian traffic into the area. There has to be a draw to come in there. And,
so, that draw is going to create a need for parking and, from my view point, you don't allow any
parking long-term in the park, but you have parking in Park West. But the problem with thinking
about it just in parking in Park West is that, what you also don't want to have is a sea of surface level
parking lots in Park West. If you create that, then you're going to ruin the opportunity to create the
kind of residential and low-density commercial development we want in Park West. So, this parking
issue for facilities in the park in Park West is a crucial, crucial component that we've got to figure
how we get resources for to study so that we don't end up with, as you've pointed out earlier, this sea
of parking. In fact, one of the things we may want to consider, frankly, in Park West -- and I'm sorry
to get -- this is a little bit off your point, and my apologies for that. But we may want to consider a
117 January 13, 2000
moratorium on the development of additional surface level parking lots in Park West until we've had
time to study this whole issue.
Commissioner Sanchez: If I may? Just one answer. On the environment side, we made very clear
that the cars that park, park along the old racetrack. I mean they're not really destroying the park's
grass. And the other -- for the concern of the park and looking out for the park's best interest, we --
the agreement signed by Morse Diesel basically says that, when they leave, they have to restore the
grass and fix it up or whatever damage that was caused. So, I think actions are being taken to do
everything that's possible to maintain the parking as best kept possible conditions that we could ask
for.
Vice Chairman Gort: OK. Thank you.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Mr. Chairman, I'm tempted to piggy back onto what Commissioner Winton
said because the Planning Director -- is the Planning Director here? The Planning Director and I
have discussed -- and I've said privately and publicly, and I want to say it again. I have great
concerns about turning the entire study that was done by the City of Miami in 1981/83 of the
redevelopment of Park West into a giant parking lot. I think that's the worse thing that could happen.
There are a number of concerns that I've had. I've said privately. I'll say it publicly. That anybody
in parking, we should insist on the maximum expenditures for amenities, such as lighting and
landscaping, and we should not cut any corners. You know, people in this business tend to try to
maximize the parking space. And I certainly want to be very clear on the record that I am deeply
concerned about where we are going in terms of the lack of development in the Park West area.
Now, that's not the issue before us today, at all. In fact, there's only one issue before us, the master
plan of park -- of the Bicentennial Park, which I'm very encouraged about what Commissioner
Sanchez has said. It's not before us today. There is one discrete issue before us today and, that is,
whether or not the City of Miami should permit and encourage the use of parking on Bicentennial
Park? And to enter into what is now an emergency, temporary, crocodile -eyed teared Commissioner
Plummer, that I said then -- if you go back and look at the record, I said, "This is a mistake." But like
all of these interim decisions we make -- sort of like the Gatehouse thing. It was a -- you can go back
and look at the transcript. I said that was a mistake. These pocket items are a mistake to make
policy. The Morse Diesel deal was represented to us, at that time, as an emergency deal. It had
nothing to do with liability. God bless Micky Arrison and the Heat. They've got two hundred and
thirteen million dollars ($213,000,000) committed to this. They can carry out their own liability.
This was never the issue of liability. Everybody in Development knows that what we need in this
city is the sheep flow of people, pedestrians, and the best thing that can happen for the City of Miami
is for parking to be north of 2nd Avenue, and people to walk down. That's going to have more to do
with the retail and the development than anything that we can do. Trying to shoe horn people on the
east side of Biscayne Boulevard is a huge mistake. It was a mistake that I made when I voted, as a
County Commissioner, and I said I was making a mistake. And, sure enough, I did, make that
mistake of voting to put the American Airline Arena on the east side of the boulevard. The Arena
should have been on the west side of the boulevard. And I only voted for that because they promised
that there would be no development; that the south side of the American Airline Arena would be a
natural park. If you go back and review the transcript, there would be no Bongo's, no Margaritaville
that you could walk down Biscayne Boulevard and you would see landscape. They talked about
Japanese Gardens inversed and all kinds of beautiful things that I can't even conceptualize. The
mistake we made, as a city, was to permit Morse Diesel, at the request of the Chairman of the
118 January 13, 2000
Bayfront Park -- at that time, Commissioner Plummer, who said it was for financial reasons, and as I
recall, he said they were going to pay something like a hundred and twenty thousand dollars
($120,000) for the period of construction, per year. And I need to confirm, from somebody, if they
paid the hundred and twenty thousand? Because that's why I voted -- and that was a mistake. But I
voted because they were going to infuse into the Bayfront Trust a hundred and twenty thousand
dollars ($120,000) a year for parking. Now, have they done that, ten thousand a month?
Mr. Ira Katz: Yes, sir, Commissioner. They've been there for 19 months and...
Commissioner Sanchez: Ira Katz. Your name and...
Mr. Katz: Ira Katz, Director of Bayfront Park. They've been there 19 months and paid 19 months
worth of rental.
Commissioner Teele: Now, all of a sudden, an emergency decision is being extended into a
permanent decision. I have grave reservations about this. I want to support the vision of the
Bayfront Trust as it relates to Bayfront. But now, all of a sudden, because of a Morse Diesel/Otto
Brenner (phonetic) parking lot emergency, all of a sudden now we're being told that the Bayfront
Trust has the requirement to provide parking. Now, if they've put in two hundred and fifty thousand
dollars ($250,000) or so over the two years -- I just did a walk through the park and I haven't seen
two hundred thousand dollars ($200,000) -- and maybe I'm wrong, and I shouldn't say that. But can
you assure me that we've put two hundred thousand dollars ($200,000) or something like that into the
maintenance and upgrade of Bayfront -- of the Bicentennial Park?
Mr. Katz: The issue is, Commissioner, is the money from Morse Diesel. Until Commissioner
Sanchez pointed out, until he came there recently, some of that money was directed into Bayfront
Park itself, not into Bicentennial.
Commissioner Teele: That's not what I heard. Let me very be very clear. Sort of like the theater
issue we dealt with today. Did the money from the Bicentennial Parking go into Bicentennial over --
Commissioner Sanchez has nothing to do with this. He wasn't even there when we voted on this.
This is something that's happened for two years now. Did the money, two years ago, up until now;
did that money go to Bicentennial Park?
Mr. Katz: It went to a combination between Bayfront Park and Bicentennial.
Commissioner Teele: About how much and how much?
Mr. Katz: I would have to get you an analysis of that, sir.
Commissioner Teele: An estimate? About how much money have we put...
Mr. Katz: Well, as Commissioner Sanchez explained to you, we're spending right now about five to
six thousand dollars a month maintaining Bicentennial Park.
Commissioner Teele: So, we're putting fifty thousand, sixty thousand dollars ($60,000) a year...
Mr. Katz: Just so you know, for the record, Morse Diesel's payment is ten thousand dollars
($10,000) a month to us.
119 January 13, 2000
Commissioner Teele: So, we're putting about sixty thousand dollars ($60,000) a year into the
Bicentennial Park?
Mr. Katz: No. Actually, about seventy-two thousand.
Commissioner Teele: OK.
Mr. Katz: Plus paying for utilities.
Commissioner Teele: So, it's more than that?
Mr. Katz: Right.
Commissioner Teele: So, the question is, simply, do we want to put parking at Bicentennial Park
and how much money are we estimating we're going to get from the parking on a monthly basis or
whether or not we view the park as something that we ought to try to maintain and work with the
Bicentennial Park and the Bayfront Trust in doing the kinds of things that Commissioner Sanchez
said, that I'm encouraged by, in terms of doing a master plan? So, how much money are we talking
about on an annual basis?
Mr. Katz: Well, just for the record, for the Morse Diesel thing, they've...
Commissioner Teele: No, no, I'm not -- their lease expires.
Mr. Katz: Well, that's what -- I want to point out to you just so you understand. As Commissioner
Sanchez said, their lease expired on the 31 st. They came to the 28th Trust meeting in December,
asked for extensions in March. But I want to be clear, as you understand; they have a 30 -day
provision, as well as the Park Trust does. It's not even a lease. It's a license. The City Attorney...
Commissioner Teele: But that's not what's before us today, is it?
Mr. Katz: Well, it's...
Commissioner Teele: The recommendation before us today, I thought, was -- and correct me if I'm
wrong -- is to grant the Bayfront Trust the authority to enter into a long-term relationship on
parking...
Commissioner Sanchez: No.
Commissioner Teele: ...or simply the short -tern lease.
Commissioner Sanchez: Short-term.
Mr. Katz: Commissioner, there's several options. I mean, the Commission -- one of the options was,
they could have taken a long-term perspective, but I sense that's not what you want to do. I mean, the
other option is, they can extend the interim agreement or they could cancel all the agreements. That's
the options at our face today, Commissioner.
Commissioner Teele: Mr. Chairman, with all due respect, Mr. Bush, who has become an advocate
for the citizenry, has been standing. I would -- before I respond further, I would really like to
understand what the citizens' effort that Mr. Bush is leading is stating and what they would like --
with your permission, Mr. Chairman.
120 January 13, 2000
Vice Chairman Gort: Mr. Bush.
Mr. Greg Bush: Good afternoon. I'm Greg Bush, President of the Urban Environment League, and
thank you all for having me. I want to speak up for the park, a very sad and lonely place in many
ways, as some of you know, who have taken this walk and, yet, a place with a lot of problems that
we've seen over many years, in terms of the design of it, the neglect of it, in certain respects, et
cetera. I don't think its -- now is the time, necessarily, to go into that. I do want to state that, in the
last several months, I have seen significant aspects of improvement in the park. In other words, the
grass has really been cut and I think there's a lot that's been kept up. So, 1, particularly, appreciate
Commissioner Sanchez and Ira Katz for attending to that in the last several months. I guess where
I'm coming from is, I think this park has incredible potential for Miami, that really has not been
realized or conceptualized very clearly at this point. You take a look at other cities around the
country, around the world, and their bay front parks are extraordinary. They make real estate value.
They transform the notion of what citizenship is, in many respects. They provide a green space and a
town center in many ways. I think this park could be some kind of a freedom heritage park.
Extending out some of the ideas from Bicentennial Park, it could be some kind of a park of the
Americas; that could honor the struggle for freedom of all people; that could make a big difference to
our community in a number of different ways. It could be a place with small-scale entertainments,
not a huge shopping mall. Some kind of child's world with little bits off splash fountain or mini zoo,
et cetera, to bring people back. I don't think we need huge institutions there. But what is needed in
this process, it seems to me, is planning. I think everybody agrees to that, as far as I'm concerned.
The last plan for -- overall for the parks, as many of you know, is in the distant past. People don't
seem to even realize when that was, and this park, obviously, almost nothing done to it since it was
first planned in the 1970's. I think we're in an era now, too, with the Virginia Key Charrette coming
up this weekend, where citizenry, getting involved in planning our public parks, is signaling
something new and very important, that people care about parks in ways they might not have, for a
number of years -- because they said, oh, the homeless have taken over or there's no money, et
cetera, et cetera. I think now we're in a place where corporate sponsorship, setting up parks
conservancies, a number of different aspects, the funding mechanisms can be found. There's a lot of
grant money out around the country to be able to enhance parks. So, I would like to, if I may, pass
out a potential resolution that I'd like you all to consider, that I'd like to read, if I may, quite briefly.
"Whereas, Bicentennial Park has, since 1994, been under the management of the Bayfront Park Trust
and; whereas, the condition of the park needs to be upgraded in order to place it in compliance for
public safety; and whereas, downtown Miami is in need of more well-planned, secure, and accessible
open spaces that are attractive for residents and tourists alike. Be it therefore resolved that this
Commission commits itself to redesign Bicentennial Park as a premier public park for Miami, as well
as to work with the Marlins in finding an alternative site for a new baseball stadium; and that the
management of Bicentennial Park will remain under the Bayfront Park Trust until March 30th, 31st
-- I guess is what the actual date is -- the end of the present parking agreement, when all parking
arrangements will cease, a dedicated source of funding will have been identified and the
management of the park will revert back to the Parks Department. And, finally, that the Commission
will initiate a planning process for the redesign of Bicentennial Park that will include the general
public, city staff, Commissioners, as well as representatives of the newly created Parks Advisory
Board, the Waterfront Board, the Bayfront Park Trust, and other interested parties." It seems to me
that we need a real coherent planning process to make this a world class park for everybody, so that
people from Little Havana, Little Haiti, all residents can feel a real sense of identify, not only with
each other but together as people from this area, including, I must add, too -- because I live, as some
of you well know, outside the City of Miami, even though I represent an organization that, I think,
speaks to a lot of people; that this is also a countywide asset, that we really need to, frankly, place a
121 January 13, 2000
lot more attention in and, frankly, look for some more county money for, too, as far as I'm concern.
So, thank you.
Vice Chairman Gort: Thank you, sir.
Commissioner Sanchez: Mr. Vice Chair, if I may just for...
Vice Chairman Gort: Wait a minute. Commissioner Teele has the floor. Commissioner Teele, are
you finished?
Commissioner Teele: Mr. Chairman, I would like to extend the same privilege.to Ms. Jude to be
heard just very briefly.
Ms. Sallye Jude: I think -- this is Sallye Jude and I live at 200 Edgewater Drive. I believe, when we
discussed this space, we're always talking about parking. We have a people mover station that is
closed. People could come by public transportation, something that we have and should use much
better, and I think that ought to always be part of our conversation about downtown space. I think
another factor that needs to be put in this is part of the focus that the Freedom Tower is going to be
reopened with Museum space and public interests opportunities, so I think we've got a connection
already, both on the east and west side of the highway. And I think all these components need to be
part of our thinking for the future plan. Thank you.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Mr. Chairman, I would like for the Chairman -- I mean, the Attorney to restate
what the motion is that was made by Commissioner Sanchez and second by Commissioner Winton.
Mr. Alejandro Vilarello (City Attorney): The resolution before you is authorization for the manager
to issue a Request for Proposal for a valet or self -parking operation at Bicentennial Park. This would
be in the nature of a long...
Commissioner Teele: Oh, wait wait. That's not what Mr. Katz just said. Mr. Katz said the only
issue before us was whether to extend the existing parking.
Commissioner Sanchez: No, no, no, no.
Mr. Vilarello: This City Commission, as I understand it, gave very specific limitations on the
agreement that was negotiated by the Trust; that was just to go through the holiday season in order to
help with the opening at the arena, et cetera. And that agreement, in fact, is limited to, I believe,
January 15, and that was the City Commissions' direction.
Commissioner Teele: So, you are proposing or Mr. Katz is proposing, the Chairman of the Bayfront
Trust is proposing to extend that parking in the Bicentennial Park area for how long?
Mr. Vilarello: Well, this would be an issuance of..
Commissioner Teele: What's the resolution?
Mr. Vilarello: The resolution would be to issue an RFP, to provide for competition. Remember, that
that agreement was...
122 January 13, 2000
Commissioner Teele: But for how long would...
Mr. Vilarello: The agreement would have to be something on a short-term basis, thirty days
revocable. However, it could go on for an extended period of time.
Commissioner Teele: So, that's what we're discussing now?
Vice Chainnan Gort: Right.
Commissioner Teele: Whether or not to, basically, institutionalize the parking at Bicentennial Park?
Mr. Vilarello: Through a competitive process, which allows the time that we did not have prior to
entering into the last agreement.
Commissioner Teele: Well -- Mr. Chairman, I am prepared to work, cooperatively, with Mr. Bush
and the Manager and the Bayfront Trust. I think one of the areas that we ought to look at, quite
frankly, is parking fee surcharges and we ought to take some of that money and develop a parking --
I mean, a planning strategy for Bicentennial Park, since there seems to be some nexus. But I think,
to talk about allowing parking at Bicentennial Park is a serious policy decision. I respect everybody
that has different views. I respect Commissioner Plummer, who's not here. I respect Commissioner
Sanchez. I respect Mr. Katz and everybody, the parking moguls, the Heat. But I think parking on
Bicentennial Park was a mistake from the beginning. I thought we were talking about extending the
Morse Diesel lease for 90 days, which is what Mr. Katz said. I would like to support that, since -- I
don't want to unscramble an egg that we've already done, if they need 90 days. But I think we need
-- I would, personally, like to be on record -- I may be the only person that feels this way -- that we
need to get everything off the east side of the boulevard. We don't need to use the City of Miami
land to now begin a whole new process of land use that was not contemplated. We have done a
series of these things that I don't understand. I'd like, at some point after this discussion, to know
where we are on the parking surcharge issues, as it relates to a series of issues. I notice that you all
gave out bids to a lot of people. I want the Finance Department to give us a letter, certifying that all
those people are paying the surcharge. Because I think, at some point, gentlemen, we've got to
understand one thing. We have created a major revenue stream for the first time in 20 or 30 years
that doesn't tax the citizens of this City, and that is parking surcharge. A very small percentage. Or a
very small percentage. And, Johnny, I know that there's a lot of oppor...
Commissioner Winton: I was going to say it sure taxes me.
Commissioner Teele: Well, I understand that. And I understand that there's some strong opposition
to it. But the fact of the matter is this; I think we require the Heat to build parking. The Heat -- that
was a part of the special permit that was granted to them three years ago. Why are we now getting
into undermining our own policies? It works against the basic sheep flow, if you will, of pedestrians,
which is what it is I'm trying to do and some people are trying to do from Overtown and Park West,
to get people moving across Biscayne Boulevard. And I just happen to think that the policy is the
wrong policy. If three people agree -- I mean, you know -- but I think it's something we really ought
to consider what we're doing here.
Vice Chairman Gort: Thank you, sir. Commissioner Sanchez.
Commissioner Sanchez: If I may just...
Vice Chairman Gort: And, people, you've got to make a decision here, OK?
123 January 13, 2000
Commissioner Sanchez: You know, attending some of the Heat games, the traffic and the parking --
I mean, we are providing one of the cheapest rates to park anywhere, if one attends the Arena. Just
to go to a game nowadays, to take a family -- I mean, I don't know how can some people afford it.
But the parking is the cheapest rate. It's on a temporary base. I have committed that the money will
go back into assisting and working together to implement a plan of action to restore the Bicentennial
Park. It's just for short-term. Diesel has been parking there for 18 months. I mean, the process has
gone on. I just think that because of the financial situation, it's -- it helps not only the City but our
park to generate that money.
Vice Chairman Gort: OK.
Commissioner Winton: How are you...
Vice Chairman Gort: I've been -- wait a minute. I'd like to express my opinion. That's been sitting
there. It's not being used. And while we're planning and we all know that whatever we plan and
whatever we do and all the public hearings we have, it's going to take, at least, two years before
anything gets done. I think it's a waste of finds f we don't utilize that portion to get some funds to go
ahead and improve the area. I agree that the park should be made into a park that people can go to.
But at the same time, we need to recall and we need to remember the suburbs and the expansion of
Miami -Dade County has been at the detriment of the City of Miami. And if you go, our
neighborhood parks are very well used and they're very -- they have many activities in our
neighborhood parks. I don't want to create a county park for the benefit of people outside the City of
Miami and be paid by the citizens of the City of Miami, and that's something I think we should
consider. If this is going to be an original park that we're looking at, I think there's something that we
should consider it. Because if you try to go to Crandon Park, you have to pay for it. If you go in the
other places, you have to pay for it. I think this is something we need to look at. At the same time, if
you look at the Bayfront Park -- and I was a part of that 15, 20 years ago -- nobody would go to
Bayfront Park. Bayfront Park became very active with over thirteen thousand -- thirteen million
visitors after Bayside was built. Bayside was built on that facility, I understand -- and correct me if
I'm wrong -- produces about three million dollars ($3,000,000) for the City of Miami, yearly, and we
have a park that's being utilized by people. And we have to make sure that, when we get our
thoughts together -- Mr. Manager, I agree with everything that's been stated here. I think we need to
work with the parks, with the committee that we have created, with the public, with the downtown
people, and make sure that we come up with a plan that can be -- maximize the benefit of the City of
Miami and its residents because that's a commitment that we made. The land that we have left, we
want to make sure, it's for the benefit of the citizens in the City of Miami. At the same time, I hate to
read in the paper of people talking about how they're going to use our parks without you or us having
any knowledge of it and I think we -- it's about time we've talked about coming up with a plan. I
think it's about time we get going on this plan and as soon as possible. And, the other part, when
originally we were creating the bayside, one of the things that we requested, the people on the east
side of Bayfront Park, we tried to do something very similar so we could take advantage and take
people across. I don't think this parking facility will really bring that many parking. I don't think that
many people will utilize this. We still have people crossing and going across the east side. So, what
I would like the administration to do, we need to get going on this right away. We need to work with
all the citizens and come up with a plan, once and for all.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
124 January 13, 2000
Commissioner Teele: I respect what you're saying and I appreciate your position and I'm certainly
supportive of your right to have a position, but I just want to give you another point of view. If we
allow parking, if we, for the first time now -- you know, the parking before was an emergency
parking situation. That was the Otto Brenner thing, I think. If we now, basically, allow parking over
here, we have, for today, established a precedent. Before the precedence were emergencies, they
were temporary. And this is the only point I want you to understand. Once you allow parking, there
is no intellectual reason why you can't have a stadium. I mean, what's -- if you can afford to have
parking over there -- and I'll show you that parking area, which is two to three hundred cars right
now, for Otto Bremner -- for the Morse Diesel -- once you allow parking, you have, literally,
penetrated the threshold, and that may be fine. That may be what the majority of this Commission is
going to be prepared to do when -- at the time of the vote. I will not be a part of that majority, but
this is the issue now. Now, we say -- let's theoretically say three Commissioners -- and I hope it
won't be -- but three Commissioners support this. Now, is that parking going to be the same kind of
parking that we're asking everybody else to do? Look, we've got enough of this renegade foolishness
going on -- that has gone on in the City of Miami for too long. We've got parking right next to the
old arena for 10 years. It's temporary parking. It's never been paved; it's never been landscaped.
The parking closest to the arena is a "temporary parking." Are we now saying that the City is going
to adhere to the same zoning and planning rigs that everybody else is doing? Are we going to pave
it, as required? Are we going to landscape it? Are we going to light it? Are we going to fence it?
I'm telling you, this is a giant step in a direction. It's not as simple as it sounds. If we're going to do
that, fine. I don't have a problem with it. But I'll be darn if I'm going to sit here and see the City
begin to do what the City has done for the last 20 years. They have one set of rules for the City and
one set of rules for the property owners. The worse thing in Overtown right now is a County public
housing building that is not boarded up, that is in total dereliction right there from 20th Street all the
way down to 17th Street. We've got to stop this duality of government. If we're going to put a
parking lot there and if that's what the majority wants to do, then, for God sake, let's do it right. Let's
don't have a half butt parking lot in the park and, then, over here, require something different. This is
a big policy decision that we're making and I don't have a problem with whatever the majority wants
to do.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Excuse me. My understand is, what we are voting on today, here, is to come
up with an RFP and the RFP would include that. I think the City, if the City requested people
comply with the ordinance, that city is the first one that will have to comply with the ordinance. So,
the people responding to the RFP would have to see if it's feasible or not.
Commissioner Sanchez: And it's temporary.
Vice Chairman Gort: Yeah, I understand. But...
Commissioner Sanchez: Vocational license. And the precedence has already been set. Eighteen
months ago we were able to park cars there. My argument continues to be that Bayfront Park is
picking up the maintenance to maintain that park at the best level of maintaining park clean.
Vice Chairman Gort: Commissioner Sanchez, what you have to understand, this was -- and this is a
point that Teele brought up, which is very important by Commissioner Teele, is that that was
temporary because it was an emergency. Now, it's a different ball game and if we're going to have
parking, are we have to -- are we going to require those people to comply with all the ordinances and
all the criteria, that we make all the people do so. That's something you have to look at.
125 January 13, 2000
Commissioner Sanchez: Well, we have. And let me just elaborate. The other time that this was in
front of the Commission, it was an informal bidding. I think we went beyond the scope on informal
bidding. This will be a bidding that will go out and if it comes back, we're going to continue to go
with the best deal, what's right for the City.
Commissioner Teele: We're not talking about the bidding, Commissioner. We're talking about the
fact -- no. No, forget the...
Commissioner Regalado: Code Enforcement. Code Enforcement.
Commissioner Teele: We're talking now about the fact that we can't have two sets of rules. If we're
going to allow parking -- let me tell you something. Have you been to the old Arena? Do now know
that there is -- this City Commission, you know, in the one of the -- in the errors of deal, this City
Commission granted to the Florida East Coast the right to do some kind of crazy, temporary parking.
That is still a temporary parking, OK? That parking is the most expensive parking at the Arena.
Directly in front of the old Arena, it's a temporary parking. I asked how are we doing that? They
say, "Well, the Commission determine it's temporary." The question that I'm asking has nothing to
do with the bid. If we're going to allow parking over there, is this parking going to be in compliance
with our Code, as it relates to parking? The same thing that I'm saying that everybody else should
do, we've got to do. And once you start paving and landscaping and striping and handicapping
assessing, you basically have made a determination of the Bicentennial Park. And what I'm
suggesting to you is, that's a determination that I'm not comfortable with. If you all want to do it,
then, let's just vote on it. Do whatever you want to do.
Commissioner Sanchez: Call the question.
Commissioner Winton: I have one -- there's one more point about this also and, that is -- and it's
along the same line, Commissioner Teele, and that is, are we going to impose the parking surtax on
the charging there...?
Vice Chairman Gort: Yes, of course.
Commissioner Teele: We have to.
Commissioner Winton: On parking there, which you would have to?
Commissioner Sanchez: We have to, by law.
Commissioner Teele: Yeah. But he said...
Vice Chairman Gort: OK.
Commissioner Teele: But you heard him say we've got the cheapest parking in town.
Commissioner Winton: Right. So...
Commissioner Sanchez: And we do.
Commissioner Teele: What business in America would compete against itself? We make more
money with the -- we should have the highest parking in town...
126 January 13, 2000
Commissioner Winton: Not the law.
Commissioner Teele: ...if we're getting 20 percent. I mean, 20 percent of ten dollars ($10) is totally
different from 20 percent of a hundred dollars ($100).
Vice Chairman Gort: My understanding, the resolution in front of us is to give the right to come up
with an RFP, which RFP will have to be approved and, at same the time, we have to — it will have to
be coming back to this Commission and to have more time to discuss it. OK. Call the question.
Commissioner Regalado: Mr. Chairman, just a brief..
Vice Chairman Gort: Yeah. I'm sorry. Commissioner Regalado.
Commissioner Regalado: Brief comment. I don't know if the rational that we're going to follow is
that we do parking whenever we have an empty lot. If that is the case, then, let's vote on it. But I'm
troubled for what Commissioner Teele says, is that -- and I think that the Manager knows about this
because I communicated with his office several months ago. Code Enforcement closed a parking in
downtown Miami because it wasn't paved, nor it was according to Code and, you know -- Johnny,
you know, that...
Commissioner Winton: Yes.
Commissioner Regalado: Because you were not, at that time, here. But you know about that
because you know very well the place. So, you know, for me, it's very difficult.
Vice Chairman Gort: OK.
Commissioner Regalado: Call the question.
Mr. Walter Foeman (City Clerk): Roll call. Commissioner Sanchez?
Commissioner Sanchez: Yes, sir.
Mr. Foeman: Commissioner Winton?
Commissioner Winton: No.
Mr. Foeman: Commissioner Regalado?
Commissioner Regalado: No.
Mr. Foeman: Commissioner Teele?
Commissioner Teele: No, sir.
Mr. Foeman: Vice Chairman Gort?
Vice Chairman Gort: Yes.
127 January 13, 2000
MOTION - FAILED
The following motion was introduced by Commissioner Sanchez, who moved its adoption. Upon
being seconded by Commissioner Winton, the motion failed by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
NAYS: Commissioner Johnny L. Winton
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
ABSENT: None.
Vice Chairman Gort: One of the things I'd like to do is to add to the Code in the "temporary
parking." Temporary, according to my understanding, should not be more than one year.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: So, I would like to apply that -- I want you to look at the Code and anybody
that has a temporary parking permit and it's going beyond the one year, we should look into that. I
think that's something we need to look at. Temporary, to me, my understanding is less than a year.
Yes, Commissioner.
Commissioner Teele: Mr. Chairman, I would move the resolution proposed by the park advocates
that, in effect, extends to March 30th, the right of the Morse Diesel to complete their agreement. The
resolution was passed out. It just seems to me that what we need to do is find a funding source, and I
would, specifically, suggest the Manager report back to us for the funding -- for a funding source that
would include looking at a way to estimate and to come up with a funding for the Bicentennial Park.
We have been, saying this now for ten years; it hasn't been done, and we really need to move forward
with a planning process for the Bicentennial Park. So, I would so move the resolution that was
passed out.
Vice Chairman Gort: Commissioner Teele, I would like for you to add that, not only Bicentennial
Park, but all the waterfront property that exist there.
Commissioner Teele: Say again.
Vice Chairman Gort: I think that plan should study the whole area, not only the Bicentennial, but it's
a gap in between, that that gap can be filled up and that's an additional ten acres that we can get into
it.
Commissioner Teele: Adding the Bicentennial and all of the city -owned waterfront areas in there --
specifically, in conjunction with the Bayfront Trust, the Parks Department and the Waterfront Board
Committee. I would so move.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: It's been moved and second. Discussion?
128 January 13, 2000
Commissioner Sanchez: Open for discussion, Mr. Vice Chair.
Vice Chairman Gort: Yes.
Commissioner Sanchez: We have made, on the record today, several arguments that our parks,
being, you know, budgeted with only four percent or five percent, don't have the resources. This
would automatically, in March, turn Bicentennial over to the Parks Department. I would like to hear
from the Parks Department Director on -- to see if he has the resources, at this time, to take over the
park on March.
Mr. Warshaw: I'd like to address that. The Bayfront Park Trust has the budget and funding to deal
with the maintenance of the park. So, if the park is going to revert to the Parks Department, the
budget that goes with. maintaining it should revert to the City so that we could continue to do what
the Bayfront Park Trust has been doing to this point. Absent that, we would have to find the money.
If you decided not to do that, then, we would have to look for the money.
Commissioner Sanchez: Well, my concern, as Chairman...
Vice Chairman Gort: (inaudible).
Commissioner Sanchez: ...of Bayfront Park is that, you know, exactly a year ago we were affected
by the budget cut. We lost two hundred thousand dollars ($200,000) and now we're going to take a
beating of another hundred thousand dollars ($100,000) for (unintelligible) for whatever time. So,
that's a concern that I have. The other concern that I have is that, once you do that, at this time, not
having the proper -staff to maintain that park, you're going to have to take personnel from other parks
to go work that park. Therefore, affecting other parks. And it's on the record today, Commissioner
Teele, that you made the argument. You were one of the strong vocalists on. That was that our
parks are not -- have the proper resources and, a lot of times, are underly funded.
Vice Chairman Gort: Commissioner? Commissioner?
Commissioner Sanchez: So, if you were...
Vice Chairman Gort: My understanding, the resolution stated that "the management of Bicentennial
Park will remain under the Bayfront Park Trust."
Commissioner Winton: Until March 30th.
Commissioner Sanchez: No.
Vice Chairman Gort: No. I'd like to expand that.
Commissioner Teele: Until March 30th.
Commissioner Sanchez: Until March 30th.
Vice Chairman Gort: Eliminated March 30th.
Commissioner Teele: But I agree with Commissioner Sanchez, that the Bayfront Trust must be held
harmless. It's up to us to come up with the money. And, I think, what we need is to give the
129 January 13, 2000
Manager some time, before now and March 30th, to come back to us with the funding for this.
Because I don't think that we should ask the Bayfront Trust to be -- to give back money, particularly,
when their budget was, what, eight hundred thousand dollars ($800,000) over budget last year. So,
they're not in any position to give back money and it's no need in even discussing that. What we
need to do -- wherever the budget was. It is what it is. But I don't think we should ask the Bayfront
Trust. I think we should ask the Manager to study the matter, to work with it, and I think it's up to
the Commission to make funds available. But I certainly think that the Bayfront Trust should be held
harmless and should not be asked to give back money.
Vice Chairman Gort: They should continue with the administration of it. I'm not in favor of this.
Commissioner Sanchez: And the other point that I want to make, if I could be allowed, is that, you.
know, I think we're putting the cart ahead of the horse here. We don't even have a restoring plan of
action to restore that park and we're going to, basically, just go ahead and turn it over to the City
parks.
Commissioner Winton: Mr. Chairman?
Commissioner Teele: But wait, wait, wait. It's not being turned over. Listen, this is a City park. I
mean, let's don't lose -- look, look, let's don't lose sight of the...
Commissioner Sanchez: Yield for me. If I could continue? I don't have a problem turning it over to
.you. I, honestly, don't have a problem turning it over to the City. It's a City park, and I agree with
you. The problem that I do have is that you may not be able to, right now, at this time, have the
adequate resources to maintain that park. Therefore, what the administration is going to do and what
Albert Ruder, the Parks Director, is going to do is have to take resources from other parks that are
going to affect just not one park but many parks in the community.
Commissioner Teele: I thought the motion was that the Manager would report back to us, within 90
days, additional resources, and it's up to us to ensure that everything that you're saying doesn't
happen. We have got to make -- take the commitment to be responsible for this park as a park, and it
doesn't need to be anything but a park, a non -commercialized park. So, I think, by giving the
Manager and the Bayfront Trust and giving the Waterfront Board and everybody time to sit down
and work it out, we can develop a rational policy. But I can tell you right now. One of the items, I
just found one point five million dollars ($1,500,000). So, I mean, there's one point five million
dollars ($1,500,000) of budget money that's on the agenda, that's available for reallocation right now.
So, but we won't do that. But I think that's something that we're going to have to get into. So, I don't
think there's anything wrong now with letting the Manager and the management study this issue and
come back within 90 days. Mr. Manager, do you have a problem...
Vice Chairman Gort: But I don't have any problem, but I will not go with the -- until March 30th. I
think the Bayfront Park...
Commissioner Sanchez: Well, can I make a friendly amendment to the resolution put forth? That
the management of Bicentennial Park remain under the Bayfront Park Trust until the administration
finds a dedicated source of funding.
Commissioner Teele: Well, a funding source
Commissioner Sanchez: A funding source.
130 January 13, 2000
Commissioner Teele: I will accept that, absolutely.
Commissioner Sanchez: OK.
Vice Chairman Gort: OK. As amended. Any further discussion? Being none, all in favor --
Commissioner Winton.
Commissioner Winton: Well, frankly, I'm not very comfortable with this resolution. I think that
there is a lot that we need to do to figure out how we integrate Bicentennial Park into Park West.
There's a lot of unanswered questions. And it seems to me that what we're doing here is prematurely
jumping the movement of this park management from one entity to another and still not focusing on r.
or addressing the primary issue. And, frankly, the only part of this resolution that I support is the last
paragraph, and that really is the crux of the issue. And to be making other decisions regarding these
other things right now, at least in my mind, is premature. So, I'm really troubled by this resolution
myself, except for the last paragraph.
Vice Chairman Gort: OK. Further discussion? Being none, call the roll.
Commissioner Winton: What's the resolution?
Commissioner Teele: The resolution before us -- I think, you know -- I hear what you're saying. The
thing that bothers me about it, I'll be honest with you, is a reference to the Marlin's, to be very candid
with you. I mean, there are some things I don't like in this resolution because, I think, by mentioning
the Marlin's in the context of the...
Vice Chairman Gort: Why don't you take the resolution out, let the Manager come back with a
resolution by next meeting, OK?
Commissioner Teele: Come back -- yeah.
Vice Chairman Gort: Thank you.
Commissioner Sanchez: So, what...
Commissioner Teele: To move to defer the resolution.
Commissioner Sanchez: Second.
Commissioner Winton: Second.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
131 January 13, 2000
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-42
A MOTION TO DEFER CONSIDERATION OF SUBSTITUTE
PROPOSED RESOLUTION TO AGENDA ITEM 39
(PROFFERED BY GREG BUSH IN CONNECTION WITH
REDESIGN, PARKING AND MANAGEMENT OF
BICENTENNIAL PARK); FURTHER DIRECTING THE CITY
MANAGER TO COME BACK WITHIN 90 DAYS WITH A
SUITABLE ALTERNATIVE PROPOSAL REGARDING
SAME.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: OK.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: It's 4:15. Commissioner Regalado, you wanted to call a meeting to address
some of the issues you wanted to address about the police. You're welcomed to do so. Go ahead, sir.
Commissioner Regalado: Thank you very much, Mr. Chairman. Yesterday I consulted with the
Chairman to see what time we could address an issue that I consider important and urgent. The City
of Miami is a signature city of the State of Florida. We all know that. We know also that it's a city
of many nationalities and races, languages. But it's also a city that has, in itself, all the favorite sites
for demonstrations throughout South Florida. Ninety percent of all the consulates are within the city
limits of the City of Miami. All the federal buildings, including INS (Immigration Naturalization
Services), are within the City of Miami. And, of course, there is Southwest 8th Street. The City has,
in its future, many protests. Whatever happened with Elian will, probably, create protests by some
people who would not agree with the courts or just people expressing joy for what the courts will do.
Then, we have the situation in Haiti. We saw yesterday the plight of the Haitian community. And
132 January 13, 2000
the political situation in Haiti, as we all know, is rapidly deteriorating and we feel that, in the near
future, we will see more people from Haiti trying to come to Florida and confronting INS and the
coast guard. We all should, of course, remember that Nacara, the law of the Congress, approved in
1998, will end in March 30th and, according to INS, there are 40,000 Nicaraguans in Central
America who had not, yet, applied. When Nacara ends, if there is no extension by the Executive or
Congress, the Department of Immigration will start deportation proceedings of 40,000 people that
live within Dade County. So, the challenges that we have in this city are greater than any other city.
Ninety-five percent of all the protests, regarding the Elian case, were done within the City of Miami,
and I feel that it is the duty of this city, this government, to look into what happened last week. And
let me tell you something that happened in Elian's living room several days ago. Before the protest
started, Mayor Alex Penelas, from Miami -Dade County, went to the house and he sat on the table in
the living room with Lazaro, the well-known uncle, and with United States Congressman Lincoln
Diaz-Balart, I was there, Commissioner Jimmy Morales from Miami -Dade County, Commissioner
Miguel Diaz- De la Portilla from Miami -Dade County, and the leaders of Democracy Movement and
Brothers to the Rescue, and the Cuban -American National Foundation, and they were talking about
doing some protests, and Mayor Penelas immediately said to them "Well, why don't you go to
Southwest 8th Street or the Orange Bowl. That's the right place to demonstrate." And they talked
and they disagreed and they agreed. But the fact that the Mayor of Dade County suggested two sites
within the City of Miami, it's important and it typifies the need that we have to have a plan, a policy
in place. Last week we had a situation that it was very uncomfortable, to say the least, and I,
unfortunately, was part of it. Let me just say that, since this boy came to Little Havana, I have visited
the house because, as a reporter and journalist specializing in Cuban issues, I just felt the need to visit
that house. And I want to say that the City of Miami Police Department has done an extraordinary
work around Elian's house. In fact, several weeks ago there was a call from Cuba, from the kid's
father, that said to him, "Elian, two friends of mine are coming from Cuba; going to Miami through
Bahamas and they're taking a gift for you and I want you to meet with them. Do not let your uncle
say that you don't want to see them because it's important that you see them. They're going to be
visiting you." The family was really scared. This is a humble family. These are working people.
When they called me, I went there and I have to say that, at that time, I thought that they wanted to
kidnap the kid. Because I have just heard on the Cuban radio that they believe that the kid will be in
Havana before his birthday, which was two days away. So, I took the liberty of calling the
Commander of the south/central district, who is here now, and he went there, personally, talked to
the family, and arranged for some security. I will have to say that Mayor Garcia knows very well the
situation and he, also, was, somehow, alarmed by this information and he did the right thing. I would
also have to mention the fact that Lieutenant Moriera, the commander for the West Little Havana
NET (Neighborhood Enhancement Team), everyday -- and I will tell you that I go everyday, most
everyday to that house -- everyday, when he finished his shift, he goes to that house, talk to the
people, drinks coffee, asks them if there's anything wrong, anything that can be done, and everything
has gone well. So, there's no complaint, whatsoever, about the way that this police, they've been
accommodating; they've talked to the neighbors; they have gone beyond the call of duty to help the
media, the national media around that house, and it's been a relationship that we should all be proud
of I am witness to that relationship because, as the officers may tell you, I visit the house almost
everyday. So, when INS took the decision that they took, people, who have identified with this boy,
took to the streets and they were protesting. They first went to downtown and decided to go march
through Flagler and, then, they decided to go through the Port. We all see -- we all remember the TV
(Television) image around 1 o'clock, 2 o'clock on that Thursday, last Thursday, of people being
arrested by the County Police in the Port of Miami. Many arrests were made and there was no
violence. So, I called the police and I asked them if there were other protests? And they gave me
some of the spots throughout the city where they were protesting and one of them was in District 4.
So, I went there, Flagler and 57th Avenue. I arrived around 2 p.m. and left at 8:45 p.m. I was there
all that time, the Mayor was there, several lieutenants, and the people were, indeed, blocking the
133 January 13, 2000
streets. I talked to the people. Some of them said that they have achieved what they wanted. Some
of them said that we will not leave. But, as the afternoon progresses, we talked to the Mayor and he
was very accommodating, I should say, and -- but was saying that he had the orders to clear the street
and, so, he did. The people went to the sidewalks, when a more visible police presence was made. I
remember that I called City Manager, Donald Warshaw, and I said, Don, please do not -- try not to
send the field force. And he told me that he was going to talk to the Chief, but the field force arrived
and people got excited and people left the street. I was able, working with the Mayor, to make sort
of a compromise. Take some field forces -- and I give you my word that these people will not block
the streets and he agreed. Some people were withdrawn. .And we used police cars to talk to the
people. They cleared the street. An hour later, they came back. We cleared it again. As a matter of
fact, I work for a TV station and there was a crew from this cable station that I work for and they
followed -me all the time, and I have several tapes of what they feel they should film: me talking on
the police car or talking to the people. There are people here who helped the police in clearing the
streets. So, what went wrong? It was on Flagler and 57th Avenue, where a lot of arrests were made,
where some people were arrested by the field force for interfering with the Police Department or not
complying with the orders of the police. 1 really don't know exactly what went wrong, but I do know
that a lot of police officers did not like the orders that they received to either push people or clear the
streets by any means. I will have to say that there are members of the press here and I understand,
you know, that, in the middle of any situation, you have...
Vice Chairman Gort: Commissioner, excuse me a minute. Can we have somebody keep the
meeting outside quiet?
Commissioner Regalado: Thank you, Mr. Chairman. And I understand. But the press is always
blamed for bringing more people or inciting people. Sometimes you know, the authorities would not
like to have the press but the press has to be there, has to be here, has to be everywhere because it's
the only way that we have to learn what is going on. And there were some people of the press who
were trying to do their job. That man over there had a problem while taking pictures, Roberto Cotun
(phonetic), from "The Miami Herald". That lady over there, Carrie Rogan (phonetic) from 1360
AM, had another problem. I saw it. I saw both, incidents. Whether or not they were doing
something illegal at that, I am not a police officer. I cannot judge. What I said and what I wanted is
that, first of all, we do not blame the forces for what they did. I blame the orders that were given.
And this is the reason that I asked the Chairman for this time to be heard. And I consulted with the
City Attorney to draft a resolution that I have here. And, by the way, which is not the first time that
it's done in the City of Miami. The City Commission has acted, in three occasions, in the last 20
years, to investigate events between the police and the people of Miami. So, there's nothing new
about what we're trying to achieve. It has been done in the past. It has worked. The people were
able to be heard. The police was able to be heard. And recommendations were made that avoid
future crisis. So, this is not the first time. I read on the paper a very amusing quote that said that
"They're making a big deal out of this." Well, it is a big deal. Because when you have your police
officers, your people dressed as uniforms, confronting the residents of Miami, that's a big deal. And
I'm here to ask my fellow members of the Commission, who are really in tune with the people of
Miami, with the different communities of the people of Miami, to look into this matter and to look at,
not in a few minutes now, with some people telling us what happened, but to do a formal inquire, to
have a community that would have, through the Commission, subpoena powers to bring those people
who gave orders, the Chief of Police or the City Manager or the Assistant Chief or whatever. What
was the rationale behind those orders? And to bring citizens. So, this will not be a one -afternoon
event, where people vent and go home and nothing happens. I repeat that this has been done in the
past. It was done, I remember, and I testified in that committee, by the way, in 1981, in downtown
Miami, when a Cuban was deported to Cuba during the Reagan Administration, and there was a very
ugly situation in downtown Miami. I was there, my wife was there, and I think that Kenny Harms
134 January 13, 2000
(phonetic) was, at that time, the Chief of Police. And there was an inquire of the Blue Ribbon
Committee and it worked: So, I am asking the members of that Commission to start this formal
process and to give the opportunity to many people to express their feelings, and to the Police
Department, and to the people that were in the field. But, remember, guys, that we are going to have
more of this, whether we like it or not. You can say anything you want about the Cubans, that -- you
know, that they shouldn't do this because they're not gaining support, nationally; or that the Haitians
should not block Biscayne Boulevard. But the fact is, that it's going to happen again and there's
nothing we can do about to prevent it. Because all of the things that happen in Miami are because of
decisions that are taken in Washington and the City takes the brunt of everything (applause).
Vice Chairman Gort: Excuse me. Excuse me. We have a meeting. We've got a long way to go.
Commissioner Regalado: I will tell you. I sit on this dais every month, and we approve settlements
of events between the police and the residents of Miami. We just did now two point four million
dollars ($2,400,000). 1 voted for it because there's no other way. Because the City Attorney is the
one that tells us what we should do on these matters. But, you know, if I -- I asked the City Attorney
whether or not I cannot vote on any issue? And he told me that I'm -- it's my duty, according to the
State Statutes, to vote, that I have to vote. Well, if I have to vote on those settlements, I also have the
right to try to avoid those problems and that is what I tried to do and that is what I will do in the
future. I will not renounce the fact that I represent the people and I will not be intimidated, nor by
the FOP (Fraternal Order of Police) or by any other organizations. I will continue to do what I think
I should do and that is my duty. I remember that when Suarez wanted to fire Donald Warshaw, in
this Commission, I brought people, through the radio, to support that Chief of Police. So, don't tell
me I have to apologize to the police, Mr. Rodriguez, because I don't. Because I'm trying to defend.
the City and the Police Department from a bad imagine. I want to know what rationale was behind
those orders? Why the orders were given? Why didn't we have a more concrete plan? And I think
that we owe that to the people of Miami. Then, we'll.do the settlement in the Commission, probably,
when it happen, and I hope it don't. This is why -- members of this Commission, I have a resolution
here that, if I may, I will read it to you. See if you agree with it. And I think it's important that we
start this process. It says...
Commissioner Sanchez: Can you provide us with a copy? We haven't seen it?
Commissioner Regalado: City Attorney? I will read it to you. It says, "A resolution of the Miami
City Commission creating a seven -member Ad Hoc Committee to investigate and review community
relations between the City of Miami Police Department and the participating individuals that
transpired the week of January 3rd, 2000, related to the protests and demonstration concerning Elian
Gonzalez political asylum and custody hearing; providing for appointment of members to the Ad
Hoc Committee; setting forth the Ad Hoc Committee's responsibilities and powers; stipulating that
said investigation shall conduct its activities consistent with the applicable law and contractual
requirements; requiring status reports to be presented at each City Commission meeting; and
allocating funds therefor in the amount not to exceed twenty-five thousand dollars ($25,000) from
Special Programs and Accounts to cover expenses incurred by the Ad Hoc Committee." It is the
opinion of the City Attorney that each member of the Commission will appoint a member of this
committee; that the Chief of Police will appoint one, and that the Mayor will appoint one member to
the committee. And I would so move. But I will say this. I will say this. This is a very highly
visible case that is going to linger and it's not going to go away in the next weeks. It is important that
the residents of Miami see that there is a true commitment by the City, and I would move this
resolution. But, also, that those hearings will be held here in this chamber, with NET 9 on the air, so
people will have the possibility of seeing what is going on; that translations be provided, and I think
135 January 13, 2000
that that is what some of the funds are to be used for. And that committee will have subpoena
powers, through the City Commission, if that is the case, Mr. City Attorney:
Mr. Alejandro Vilarello (City Attorney): Technically, the City Commission has the subpoena
powers, but they can request that the City Commission issue the subpoenas.
Commissioner Regalado: OK. So, having said that, I don't know, Mr. Chairman, if the Chief or the
City Manager would like to say something. My desire is to start a process and to take away any
passion or, for that matter, politics out of this process. But I think it's important that we do this
because it has been done in the past. There's nothing new. It has been done, and the police have
survived. The police have been strengthened by these actions, of this Citizen's Committee. The City
has gone and I will feel that it's very healthy for the City, and the future of the city, to do this inquiry
in a very formal way. Thank you, Mr. Chairman.
Vice Chairman Gort: Thank you. Chief.
Chief William O'Brien (Chief of Police): William O'Brien, Chief of Police. Mr. Commissioner, if
your desire is to know who gave the order, you don't need a committee. I gave the order to clear that
intersection (applause).
Commissioner Regalado: No, but (applause).
Vice Chairman Gort: Excuse me. Hold it, hold it, hold it. Hey. Hold it. Chief, Mr. Manager, if we
don't have order here, I'll remove everybody out of here.
Commissioner Regalado: Sir, sir?
Vice Chairman Gort: Excuse me. Excuse me
Commissioner Regalado: Chief?
Vice Chairman Gort: Excuse me. Excuse me. I'm running this meeting. If you act out of order, I'll
remove everyone out of here. We're going to conduct a hearing in here and it's going to be in order.
Commissioner Regalado: Chief..
Vice Chairman Gort: So, please, let's try to keep it in order.
Commissioner Regalado: It's not that simple. Of course, you gave the order. Of course, you're the
Chief of Police. Everybody knows that. But it's about the process. It's about the rationale. If you
want to sit here and explain to us -- look, I don't have anything to do until tomorrow morning at 3:30
A.M., when I have to be at the radio station. So, I'm willing to stay here, like Adlei Stevenson said in
the United Nations, "Until hell freezes over." But that is not the point. Don't you think that the
people of Miami deserve to be heard before a committee? Don't you think that your officers deserve
to be heard before a Citizen's Committee? This is not the Police on trial, sir. This is about learning
what the police did and why they did it. And maybe you're learning why some people did what they
did. So, it's not that easy, sir.
Vice Chairman Gort: Commissioner Regalado, excuse me a minute. Chief, I think it's important that
you explain the actions and what are the programs that you have. And we've always learned from
the past and we could always improve. If you look at other -- any field, medical field, they take film
136 January 13, 2000
and they take pictures to see what the operations they've done and what they can do to improve
whatever system they have. I think, as a courtesy, that you explain this system that we have
presently and if, maybe, that system needs to be changed or improved.
Chief O'Brien: We can do that. But I can tell you this. This was a very stressful situation for the
police officers and I think the men and women of the Miami Police Department exercised great
restraint and conducted themselves in a commendable fashion. And if I had it to do over, I don't
think that we would have done anything differently.
Vice Chairman Gort: Chief, I think the conversation began stating, does Commissioner Regalado --
and I think we all appreciate what the police have done throughout all this week. If we think the
police have gone beyond the call of duty, we seen in downtown,, working with the demonstration in
downtown and improving and helping to be a smooth transaction. But I think it's important for you
to explain, if possible, the system that you have present, the reason why some of the things are done.
I think it's very important.
Chief O'Brien: I don't have a problem with that.
Commissioner Teele: I didn't hear you. I'm having a difficult time hearing you, Chief O'Brien. In
response to the first question, you said something about do it again. I just didn't hear you. You went
down. What was your response -- the previous question, what was your response? I did not hear
either one.
Chief O'Brien: In the response to what question?
Commissioner Teele: The previous question, where you said something about not doing it over or
doing it over. I'm not sure what that was. 11
Chief O'Brien: No. I said the conduct of the men and women of the Miami Police Department, I
think was commendable, under extremely, stressful conditions. And reviewing what we've viewed at
this point in time, I see no significant areas of shortcoming. In fact, the conduct was more than
commendable.
Commissioner Teele: And the last question that was asked.
Chief O'Brien: The last question is, the conduct can withstand any review and I don't have a problem
with what.
Commissioner Teele: Can withstand any review?
Chief O'Brien: That's correct.
Commissioner Teele: And you don't object to a review?
Chief O'Brien: I don't object. I'm not certain that it's necessary, but I don't object.
Vice Chairman Gort: Well, let me tell you my opinion. This City has had demonstrations going
back since 1959, and we had to deal with. And the reason I brought a picture here, during the
Summit of the Americas, I remember, at that time, the demonstration was going to take place, which
could have done a lot of harm to this city and to the Summit, itself. Our administration worked very
closely with the Cuban -American leaders and we did that demonstration and we provided a
137 January 13, 2000
demonstration -- and there's a picture of that demonstration. It was a peaceful demonstration and the
message was sent to everyone that the Cuban community was asking of the presidents of the
different countries to look at that.
Commissioner Regalado: Willy, let me see it.
Vice Chairman Gott: I understand...
Commissioner Regalado: Willy, let me see it.
Vice Chairman Gort: I think we should, somehow -- presently, Mr. Regalado, it was your committee
-- you created your Community Relations Board and I believe, while we're waiting for these
hearings...
Commissioner Regalado: Community Relations Board don't meet.
Vice Chairman Gort: Excuse me. Let me finish. This is the time for you to meet, then, do it. My
understanding is, if we have this hearing, I think it will be important because people can learn why
the decisions were taken, why actions were taken; the reasons why the actions were taken. At the
same time, you can learn why some of the individuals behaved the way they did and they did the
things they did. I think that communication is very important, and we need to do that. We need to
establish that. Now, in the mean time, I agree with you. This is a community that had, in the past,
many problems and that's what makes Miami different. Miami is the capital of exile. We have
people from all over the world here. But we have to make sure that, when we conduct this, we
conduct it rightly. My understanding is -- Commissioner, my suggestion to you is, when you get the
Community Relations Board aboard, right now, and you get...
Commissioner Regalado: No, sir. No.
Vice Chairman Gort: OK. Excuse me.
Commissioner Regalado: No. Excuse me. No.
Vice Chairman Gort: No. Wait a minute. Wait a minute.
Commissioner Regalado: This has got to be a formal inquiry.
Vice Chairman Gort: We're going to do them both. Commissioner, let me finish. We're going to do
them both. You're going to have a motion. I think we're going to support it because I think that
inquiry is going to be very important. But, in the meantime, that inquiry might take -- I don't know
how long it will take. I don't think you can do it overnight. In the meantime...
Commissioner Regalado: No. It has to be done quickly. And the City Attorney knows that they
need to meet before the next Commission meeting, in case they need subpoena power from this
Commission.
Vice Chairman Gort: Commissioner, my suggestion to you is, besides this inquiry, I think it would
be very important that this administration, through your committee or through whatever instrument
this Commission would like to utilize, should get together with the Cuban community leadership, sit
down with them and strategize (sic). I know they've done it in the past, but they need to do it further
than that. They need -- and that's why we were able to do this demonstration the last time, because
138 January 13, 2000
we got together with our leaders and we all worked together as a team. All of us. The police, the
political leaders, the citizens and ourselves. And that's why we were able to do it. What I'm
requesting of you is, you put your motion on the table; let's listen to it but, at the same time, let's start
working and working with the community. Because, like you stated, things are going to happen, and
not only in the Cuban- American community. It's going to happen in the Haitian community and we
should work with all those leaders to make sure that we do things correctly. That's all I'm asking.
Commissioner Regalado: I am -- I don't have any problem. You voted for the Community Relations
Board on March of last year. That board, by the way, had the opposition of some people within the
city government, and I can tell you that that board has not met. Only once. I don't know why. The
liaison says that there is no logistical support; that there is no quorum; that the people don't want to
meet until a full board is ready. But I'm telling you, the board don't meet.
Vice Chairman Gort: Well, Commissioner Regalado, right now this board has an issue they have to
address and they have to deal with, and I think the administration has to be positive, to give logistic
support so this meeting does take place.
Commissioner Regalado: Yeah, yeah. But it can -- this cannot be diluted within the Community
Relations Board. This committee is a full inquiry about what happened in Miami last week.
Because it's happened and nobody is blind. We all saw it. And what happened, we want to know.
Not only we want to know that it's -- but we need to address the future events that will...
Vice Chairman Gort: Commissioner, what I'm saying, we're going to do them both. I think the
inquiry is important. I think the inquiry is important for everyone here. But, at the same time, we
need to work on the other matters that are going to take place, so that both can take place at the same
time. Commissioner.
Commissioner Sanchez: Mr. Vice Chair?
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: If I could just elaborate. You know, under the Constitution of this great
country of ours, everyone has the right to protest, but it is the best interest of every citizen to obey the
laws of this country and that is a key thing that needs to be addressed. If people have complaints
against the Police Department, there are certain avenues that exist. They could contact the ACLU;
they could do it through the Internal Affairs; they could do it through the court system. And if
complaints are founded or not founded -- I ihink, as of now, I think those are three avenues that
everybody is entitled to take.
Vice Chairman Gort: Any other Commissioners?
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Teele: Much has been made of Mr. Rodriguez. I don't -- I must say this. I honestly
and truly don't fully understand -- and I want you to hear me, Commissioner Regalado, because I
don't have the opportunity -- I read that we are allies. I don't have the opportunity to ally with you
very much. I'd like that opportunity. But I wanted you to know this, is that I disagree almost with
everything that you've said, respectfully, other than your conclusion. And that's this: I come out of a
Civil Rights background. I went to jail 17 times. A part of disrespecting and disobeying the law is
139 January 13, 2000
the expectation that you're going to jail. Now, somewhere along the line, I think a dialogue is simple.
Because I don't think people understand fully what's expected. Every time I went to jail, I made sure
that somebody was going to be there to bond me out. That was -= I mean, it was a part of the Civil
Rights ritual. And so much of this Civil Rights stuff that we read doesn't have breath because it
happened in the 60's. I went to jail, the first time; I was in the eighth grade. My father was a
professor. The Board of Region called my dad, who was a dean, called the president of the
university and said "Can't you control your son?" You know. Of course, that had a real chilling
effect in my household because my father, like every other professor, who's hoping to get his raise
and all of that. But that's a part of the whole Civil Rights issue. What I don't understand -- and I'm
not being funny, Tomas. What I don't understand, is there supposed to be an expectation that people
who violated the streets are not to be arrested? I mean, is that what we're saying? Because the truth
of the matter is, I believe that the arrests were rather slow in coming. I was embarrassed, Chief
O'Brien, that Miami -Dade County was saying we're not going to tolerate the blockage of city streets
at the Port that the City and the County share a jurisdiction and that the County had a field force in
place. At the very time the County's field force was in place, the City's spokesperson was saying,
"We are trying now or we're in the process of assembling a field force." And, so -- I mean, I think
after -action reports are always good and I think after -action studies are always good. But the point
that I want to make is that, I'm going to support Commissioner Regalado's request, in some modified
form, I would believe. Because I really do think there has to be a dialogue between the Police and
the community and the public policymakers as to what is expected. If someone says that the police
abused people, which I've not heard very clearly, or that they were mistreated in the jails, which I've
not heard very clearly, or that property was taken and never returned, you know, I would have one
attitude about this. But my concern is that, in supporting this, I don't want to convey the notion that
the Police didn't do what the Police have always done. The only reason that Martin Luther King was
arrested a hundred and how many ever times was because he violated the law a hundred and how
many times. And if you believe that the laws are unjust, if you believe that this is the best way to
articulate your vision of what American should be about, then, you should be arrested, to indicate
that this is the highest disrespect for the way you believe that the laws are being imposed. But to
criticize the Police for arresting people is not what I would hope that a dialogue like this would come
out on. I mean, if the Police did something wrong in the arrests, then, I hope...
Commissioner Regalado: Arthur, will you yield just one second?
Commissioner Teele: Yeah. Yes, sir.
Commissioner Regalado: It was never mentioned that the purpose of this committee that, even the
perception of the creation of this committee, is to give a green light to block other streets. It was
never said by me or by any elected official, for that matter, that we should block the streets or that
you should not be arrested for blocking the streets. What transpired where I was, I can account...
Commissioner Teele: Is this on Flagler and 57th?
Commissioner Regalado: Flagler and 57th Avenue. I can account for what I saw. I cannot tell you
about the tear gas because I wasn't there. It was early in the morning. I left there at 8:45 p.m. And I
can tell you that arrests were made and some decisions to make arrests, I felt and some other people
felt some officers that came to me and talked to me felt, created a more tense situation because they
were made into the crowd. And I saw the tapes of the County arresting people. The County arrested
people that sat on...
Commissioner Teele: On the street.
140 January 13, 2000
Commissioner Regalado: On the street, like Martin Luther King did.
Commissioner Teele: You don't have a problem with that, the...
Commissioner Regalado: I don't have a problem with that. I do have a problem with this, this guy
who -- you know, who's being arrested. Now, they might say, well, you know, this happened, that
happened. And that's what we want to find out. You're right we need a dialogue. This is -- this
committee is not to condone any street blocking or any throwing to -- bottle throwing to Police.
Department. This committee -- this inquiry is to find out why we could not have a dialogue and why
we should have a dialogue?
Commissioner Teele: If I may regain my time? And I'll be happy to yield. But let me just shift just
-- because I think this is very important because everybody's getting calls. Commissioner Regalado,
let me tell you what my real concern is and I have a very real concern. I believe you're about to get
set up and I mean this honestly, in the sense that it's the most frightening aspect of a democracy, and
that is when officials and people in law enforcement begin to conspire to create an issue. Now, I
want to hear it on the record because I've had three or four calls. I've heard about things that I didn't
know exist. Chief O'Brien, are you aware of any Commissioner obstructing justice or interfering
with the conduct of the police?
Chief O'Brien: We have a videotape that has Mr. Regalado conducting himself in those fashions,
that's correct.
Commissioner Teele: Well, let me tell you what someone called me to tell me. Someone called to
tell me -- is there something called an SSI Unit or...
Chief O'Brien: No, sir.
Commissioner Sanchez: SIS (Special Investigations Section).
Commissioner Teele: Or SIS?
Chief O'Brien: SIS.
Commissioner Teele: What is SIS?
Chief O'Brien: It's a Special Investigation Section.
Commissioner Teele: And do they or did they report to a Mr. Buhrmaster?
Chief O'Brien: No, sir.
Commissioner Teele: So, no SSI units have ever reported to a Mr. Buhrmaster?
Chief O'Brien: That's correct.
Commissioner Teele: Well, let me put on the record, Commissioner Regalado. I understand that a
high-ranking police officer and a police officer assigned to the Office of the Mayor has been
involved in dialogues with other police officers, trying to get a statement made or an affidavit made
against you that would try to attempt to indicate that you should be removed from office, indicted or
somehow arrested. Now, let me tell you. This, to me -- and, then, they began to relay certain things
141 January 13, 2000
that are going on or have gone on over the last two years, and the person was Hispanic. Now, I want
to support the right to an inquiry because I really do believe that, if we have elements that would go
so far to attempt to chill your free speech as an elected official, then, we need to, basically, issue a
dare and a challenge. Because I will tell you right here and now, any Commissioner who is in his
district or in his official capacity does not have the right to give orders or instructions to police, but
you do have the right to represent the people. And while I don't fully understand the issues that took
place on 58th and Flagler, I fully support your right and that of the Commissioners, each
Commissioner, to represent their constituents. And I'm willing to learn. I'm willing to understand
better the issues that affect the Cuban community in this issue. I do, fundamentally, believe that
people who violate the law and break the law should be arrested. I think those arrests should be
coordinated in a manner that people are given the opportunity not to be arrested. And there should
be, hopefully, even as sinister or as cameo as this may sound -- and, Chief O'Brien, you're a
professional. Hopefully, there could even be an agreement beforehand as to who would be arrested,
when they would be arrested, et cetera, et cetera. And I'm sure you've been a party to those
agreements, have you not?
Chief O'Brien: No. I have in the past, yes, and it's been very successful.
Commissioner Teele: And, so, the whole notion of arrests is something that, I think, really needs to
be discussed. But what is really troubling to me is that, when people are lined up now -- appear to be
lined up to try to assassinate a person's character and to, literally, involve the law enforcement
process -- you mentioned, Mr. Harms, you know, I used to read about the so-called "safe" -- and
Howard Gary was the manager, and the "safe" where people followed people and this information
was being held and that information. And I'll tell you this. If that's happening -- if a police officer is
going to other police officers and trying to get them to make a statement, this is a really -- the real
tragedy is not what's happening in the streets. The real tragedy would be what's happening behind
the badge. And I have no independent evidence to suggest that is happening. I apologize to you, Mr.
Union President, and to the Chief, if it's not happening. But it's, at least, being alleged. And it would
be very interesting to know where the officers who, specifically, are being used -- or being suggested
what their schedule was and that's what I'm going to want to know about, what those police officers
have been doing to, basically, chill the First Amendment in this community? So, I guardedly,
Commissioner Regalado, put you on notice as an "ally," that memorandums are being circulated
about you, designed to make you shut your mouth; a letter signed by Captain Bolin (phonetic) of the
Navy, as well as an affidavit signed by a lady Elsie Moore (phonetic) and others, and it's. very
disgusting. It's very despicable. And even though I may not agree with you on the underlying issue,
I'm going to support you all the way on what you're trying to do. Because if this is going to bring out
the really corrupt scene in this community, then, we need to flush this thing out once and for all.
Commissioner Regalado: Thank you, Commissioner. And I just wanted to say that Major Garcia is
there and I -- the Chief said that they have video tapes of me doing something, but Major Garcia
knows that I went there to help and I tried to help, and he's an honest person and a good officer. And
I tried to help; Chief, and I did the best I could to protect. And, probably, if I said "Don't do, don't do
it" to the police, I said it "Don't do it" in front of the cameras. Because cameras were rolling all over
that four corners and this is the image of the City of Miami and the image of the Police Department.
Mind you, that, on my program, we have a service from satellite, everyday from Europe -- they have
an agreement with some Spanish and German TV Stations and they receive feeds from Germany and
from Spain, and the first news of the following day was the City of Miami Police Department in
Germany and in Spain. And I just hope that you understand, sir that I tried to help. I just hope that
you listen to other tapes or watch other tapes, like this one. Probably, they didn't provide you with
that, where I was using a police car, pleading with the people to get off the street. And it's very
uncomfortable to hear that one side of the crowd because the only thing that I wanted to help -- and
142 January 13, 2000
0. 0
wanted to do is to help. But let me tell you another thing. I would like to talk to you or to whomever
you decide in order to get your views on what should be my role. Because, sir, I'm going to be there
again.
Chief O'Brien: Let me just say this, Mr. Commissioner.
Commissioner Regalado: And again and again.
Chief O'Brien: I don't have any problem with you saying or shouting to one of my police officers
"don't do it. Don't do it," but I do have a problem with you laying hands on my police officers.
(Applause)
Vice Chairman Gort: Hold it. Hey? Excuse me. Hello? Hold it.
Commissioner Regalado: Well, I'm not...
Vice Chairman Gort: Excuse me.
Commissioner Regalado: I'm not...
[UNINTELLIGIBLE OUTBURSTS FROM THE AUDIENCE]
Commissioner Regalado: Sir, I'm not...
Vice Chairman Gort: We're going to clear...
Unidentified Speaker: I was there.
Vice Chairman Gort: Excuse me?
Commissioner Regalado: I'm not -- sir; I don't want to become the issue. I don't want to become the
issue. I really don't want to become the issue, please. I don't want to become the issue because I
think there are more important things that has to be dealt with and I don't have any problem...
Unidentified Speaker: I'm sorry. I have to go because I'm not...
Vice Chairman Gort: Excuse me. Excuse me. Excuse me, sir. You're out of order.
Unidentified Speaker: No, I know that.
Vice Chairman Gort: Excuse me. OK.
Unidentified Speaker: I don't want to listen. I will see him in court.
Vice Chairman Gort: Fine. Good. Fine.
[CHAOTIC OUTBURSTS]
Vice Chairman Gort: Fine. Thank you.
Unidentified Speaker: All the police. He's lying. He's lying.
143 January 13, 2000
Commissioner Regalado: Anyway -- Mr. Chairman?
Vice Chairman Gort: Excuse me. Excuse me. We're going to try to conduct a meeting. If you sit
down, we're going -- if not, I'm going to close the hearing and we'll get out of here and we won't
accomplish anything. Excuse me. You go back in there and you can speak when you get over there.
Commissioner Regalado, we've got to get this out of the way.
Commissioner Regalado: Can we vote on it, Commissioner? Commissioner, can we vote on this
resolution, please?
Vice Chairman Gort: I don't have any problem with this resolution. But I think, people, it is
important to understand that we have to conduct in certain ways, too.
Commissioner Regalado: Yeah. But can we vote on it, please?
Vice Chairman Gort: The motion -- excuse me. We understand. We have a meeting. We got --
we're going to take care of all that.
Commissioner Regalado: Mr. Chairman, can we vote on this issue? Anyway, if we do vote and if
you all...
Vice Chairman Gort: Commissioner, you opened up this meeting. The people want to speak; you
have to let the people speak.
Commissioner Regalado: Well -- no. I'm saying that some people left and some people stayed. If
we vote and if we approve, there's going to be ample time for the people to address this issue. And I
think that, you know, we should vote. I'm ready to vote.
Commissioner Teele: Well, I've got some concerns about it. I mean I want to be respectful. I don't
really understand -- I'm going to be honest with you. I don't understand what the controversy is at
this precise moment. But let me say this on the resolution. First, as long as it's very, clear to the
Police Chief and to the Manager that the intent of this is not to have a chilling effect or to, in any
way, limit the enforcement of the command -in -control and the enforcement by the police, through
the Police Chief, of any action -- and, as long as you've stated that on the record and I want to be very
clear -- that the intent of this resolution is not to, in any way, send a message to the Chief that he's not
to do his job.
Commissioner Regalado: Of course not.
Commissioner Teele: That he's not to arrest people if he thinks they should be arrested.
Commissioner Regalado: Of course not.
Commissioner Teele: That he's not to deploy field forces. You know, whatever -- you know,
operationally, that's what his job is. If we don't like -- if the Manager doesn't like the way the Chief
is doing the job, and there's away to do that. But what I don't want to do is have a Police Chief that
is feeling, with one hand behind his back, number one, or the members of the Police Department
feeling that way. Secondly, on this resolution, I do not agree that there should be a report made to
the Commission every Commission meeting. I think what that's going to do is to now take a process
that should -- really should be almost quasi judicial in its form. If you start talking about subpoena
144 January 13, 2000
0
powers, you really are talking quasi judicial, and it should operate really in a cold, dispassionate
circle of an inquiry and not a political discussion and circus, like we're having now. And, so, I
would, respectfully, ask, number one, if the requirements of reports to the meeting could be
withdrawn? And, secondly, I really do believe that this kind of process should almost take place, not
in a Commission chambers but almost in a courthouse, in a judicial kind of atmosphere and
environment. I think it really should take the form of an inquiry, in that regard, and I don't feel very
strongly. I just want you to think about it. You know, and I'll -- I want to support what you want to
do. The third and final point on this is this. It's not on the resolution. I would hope that, assuming
that the election process moves forward on time, that you, Commissioner Regalado, in particular --
because, you know, I've seen you and you get very enthusiastic for appointments and, you know,
nobody wants to discuss appointments and everybody wants to approve appointments. I would hope
that, as a Commission that we would begin the process of discussing these kinds of issues and what
is your approach and what is your philosophy, in the confirmation process of the various officials
that are asked to do the job. In other words, the time to, in this context, is really not to have an
inquiry in the middle of the discussions. And the concern that I have is that this isn't over yet and it's
almost better to finish it and have the review after the fact, but you want to move forward. I'm not
going to get into that. But the time, really to have the discussion to determine the philosophy, the
methodology, the approach to law enforcement of the Chief is when we're putting a Police Chief in
the job and not while they're on the job because, then, it looks like we're sort of second-guessing, and
I know that's not your intent and that...
Commissioner Regalado: It is not.
Commissioner Teele: And I just want to be...
Commissioner Regalado: And, Commissioner -- Mr. City Attorney, just a question. Do you
remember -- I mean, you weren't here but -- and I vaguely remember. Do you remember how many
Blue Ribbon Committees have been impaneled by the City Commission on these matters in the past?
Mr. Vilarello: Commissioner, in reviewing the resolutions previously, I found one other occasion
where there was a committee impaneled for this purpose. You indicated three, but I don't know,
specifically, how many there were.
Commissioner Regalado: So, this is nothing new?
Commissioner Teele: Not the first one.
Mr. Vilarello: Certainly not.
Commissioner Regalado: Not the first time?
Mr. Vilarello: No.
Commissioner Regalado: OK. That's all I wanted to...
Commissioner Teele: Do you have a problem withdrawing the provision, if there be...
Commissioner Regalado: I do not have a problem. I did not write this. It was the City Attorney. I
asked him for some ideas, and I don't think they have to come to the Commission. I don't think that
the idea of the members and -- it was the City Attorney who suggested the Chief of Police has to
have an appointment and the Mayor, of course. That's something that we all know.
145 January 13, 2000
Commissioner Sanchez: I have some questions. Tomas, the more you go on, the more confused I
get. One is, Ad Hoc committee you're asking to one, one investigate each police officer that was
accused of..:
Commissioner Regalado: No, sir. No, no, no, no.
Commissioner Sanchez: Well, hold on. The Police Department as a whole?
Commissioner Regalado: No, sir. No, no, no, no.
Commissioner Sanchez: Or the Chief of Police?
Commissioner Regalado: The resolution is very clear. It says what happened on that -- we don't
want to -- I would not dare to investigate the Police Department, nor the philosophy of the Police
Department, nor to determine whether the Police Department...
Commissioner Sanchez: One of the questions...
Commissioner Regalado: Specifically, what happened last week.
Commissioner Sanchez: And one of the questions...
Commissioner Regalado: The Chief said I gave the order, but you know we deserve a rationale.
Well, you know, we felt that, at that time, the streets were blocked and, then, we have this situation.
I mean, is it too much to ask? I don't think so. It's only dealing with what happened last week.
That's all. Nothing more about the Police Department.
Vice Chairman Gort: Mr. Manager.
Mr. Donald Warshaw (City Manager): Thank you, Commissioner. Couple of things I'd like to say.
I guess I'm going to kind of put on my hat as a 27/28 -year member of the Police Department. I've
said this a hundred times before and I'm going to say it again, and I addressed this to the community,
as well as to the Police Department. We are blessed in Miami because, over the years, in a
community that has changed so rapidly in such a short period of time -- and what Commissioner
Regalado says is right. We are always under the media spotlight and we are, again. But oftentimes
that media spotlight, in the last 15 years, has been that we're a community that developed a
relationship between police officers and people, second to none, anywhere in this country. And,
although, passions are high on all sides and there's sympathy and empathy on the part of the police
and people about Elian Gonzalez, this relationship that we have has been the subject of international
stories, of people talking about how, in a city that, 20 years ago, 'didn't even have a Spanish-speaking
police officer, now has 60 percent of its work force Hispanic. And not only the fact that we Haitians
and others, who have begun to be able to look like and mirror the community that we have. All that
being said, we are so fortunate in this City that we have this kind of a relationship. You know the
reason why Police Chiefs around America get fired as often as they do? Because they don't have
Police Departments that look like ours; who work well with some many of you in this audience, who
have citizens on patrol, who have community groups who work with NET (Neighborhood
Enhancement Team), and all the cops who you all know in here. I've never condoned inappropriate
police behavior, and I fired lots of police officers when I was Chief. But I also applauded the police
and was their biggest cheerleader when they did well. So, I only ask all of you to think of what this
city has gone through. There is no city like it anywhere in the world. None. And I acknowledge and
146 January 13, 2000
understand that we're a city that's only 90 miles away from the only remaining communist country
left on the planet and because of that, we have things happen here that don't happen in other places.
But all that being said, we're very blessed. And I have, absolutely, no objection to this inquiry. I've
discussed this with the Chief, knowing that this was a possibility. I know he doesn't. But I think we
should take a step back and look at how fortunate we are. Sure, things happen and things get made
wrong and there are mistakes that are made but, at the end of the day, we're very lucky to have here
what we have. And I'd like to send a message that's a little bit different to people who are watching
this around the world. This Police Department is a model around the world and that's why the
Federal Government gave it a hundred million dollars ($100,000,000) and that's why it wins the
awards and that's why crime's gone down 'six years in a row. Is it perfect? No, it's not perfect. But
we're pretty damn fortunate to have those kinds of relationships.
Vice Chairman Gort: OK. What is the wish of this Commission?
Commissioner Regalado: Mr. Chairman, I'm willing to amend the resolution. I think that
Commissioner Teele is right in terms of reporting to the Commission to moving the meetings to any
other place, other than City Hall'. I don't have a problem with that. I feel that it would be important
for the Police Department to hear what some people have to say. It would be important. I mean, I --
again, I quote some people. What is the big deal? It has been done before and it has worked. And
we're not planning to investigate the Police Department. I can say that, in the almost four years that
I've been here, there is not one time where I have, in this, as a legislator, confronted the Police
Department. On the contrary, I have helped, with my vote, the Police Department. So, it is not about
the Police Department. It's about what transpired last week and what I feel the police should know,
the administration should know, and the Commission, eventually, should know and what the people
would want to express. This is not, in any way -- and, again -- and I said it. Probably, I did not
express myself, as I should. But this is not to send any message to the Police, don't do this or do it
different. This is about only what happened last week in the City of Miami, which I hope that we all
agree, that we all felt very uncomfortable with what happened. I think that we agree on that,
everyone here. No one wanted a confrontation but it happened. And I think that, by learning, we
could establish -- I remember the Mariel Boat Lift and the committees that were created. The
Cuban/American -- the Cuban/Haitian Task Force did that and there were some people here that used
to work in the Cuban/Haitian Task Force. There were police officers from the City of Miami that
worked on that task force and they went to the radio station and they did a lot of outreach with the
people of Miami. So, it is not my intention, in any way, to investigate the force, only what happened
here. I would accept any amendments. I would ask the Chairman whenever we can proceed, to vote
on.
Vice Chairman Gort: Commissioner Regalado, there's been a motion. It was being amended by
Commissioner Teele. Can you repeat the motion, as amended, by Commissioner Teele?
Commissioner Regalado: Well, it's a resolution that you all have in front of you, but instead of
reporting to the Commission every meeting or whatever, it will delete that part of not reporting to the
Commission. 1 guess, at the end of the -- what the City Charter Committee did to bring a report at
the end, to have a report to the Police Chief, to the Mayor, to the City Manager or the City
administrator or whatever, who will be -- and to the City Commission.
Vice Chairman Gort: OK. Commissioner.
Commissioner Winton: Mr. Chairman, I've been sitting here listening to this. Excuse me. My voice
really is going away. But thank goodness, huh? Very carefully, and there's no question in my mind
that, when you have any kind of crisis or confrontation between two groups of people, the best
147 January 13, 2000
solution, always, is to create some vehicle for establishing a dialogue. There's no question in my
mind about that. That said -- and I've read this resolution very carefiilly, Commissioner Regalado, to
make sure that the mission here is to look at everything related to the event. That includes the
conduct of the people demonstrating, as well as the conduct of the police. So, I read that to make
sure that that's in here. And, yet, I sat here, continued to be bothered by it, because there was
something in my stomach that said, is there something hidden here? Is there another mission, really,
afoot, other than the one that you read about? And, in this city, there's lots of history of those kinds
of things in the past. And, so, that's the thing that I'm trying to guard against. So, I continued to read
this and there's one little small part, that maybe you can explain to me, that might make me feel a
little better. But it's the part about the subpoena power. Now, there's something about a subpoena
power, which is a very significant law -- power of the law, which kind of changes the dynamic of a
dialogue, trying to get to the bottom of an issue, where you really are seeking out to understand what
created the problem and how you can work together, as a group, to solve the problem, so that you
don't have those problems in the future. But a subpoena power suggests to me something much more
-- much stronger, much more powerful and almost evil. And it sounds to me like that this could be
used in a fashion that it's not designed as. So, if I could get through that issue, I would feel much
better about the support of a group of individuals.
Commissioner Regalado: Commissioner, there's nothing hidden here. I didn't write anything. It was
the City Attorney, I guess, looking back at the resolution of the other Blue Ribbon Committee. So, I
don't have any problem, at all. At all.
Commissioner Winton: We could get rid of subpoena power.
Commissioner Teele: Well, why don't we hear from the City Attorney on it?
Mr. Vilarello: The resolution, of course, incorporates the City Commission's authority to investigate
into the affairs of the City, and that allows the City Commission to compel witnesses to come testify
before either a committee of the City Commission or a committee that you create. That comes right
out of your Charter. It's an authority that is only vested in the City Commission. The committee
cannot subpoena anyone without this City Commission issuing the subpoena. And it is also
conditioned on compliance with collective bargaining agreements and compliance with ongoing
criminal investigations, which might take place. So, that language and the power to subpoena and to
compel witnesses to testify is one that's contained within the City Charter and, certainly, all I can
address is on the surface that issue, and that power was put into this resolution as a result of that
provision in the City Charter.
Commissioner Winton: Well, I guess that answers my question and makes -- that's the part that
makes me the most uncomfortable. If the real idea is to get all the parties to sit at the table and truly
understand what motivated each to do what and to set the tone for assuring that, in the future --
because, as everyone has said, the right to protest is fundamental to democracy. So, we all believe, to
the death, in that principle. But that right ends when you block the rights of others. So, what we're
really trying to do here is solve the problem, through dialogue and understanding, and subpoena
powers says "By God, you get your rear in. You're going to talk," even if I don't want to talk. And,
so, suddenly, you're not talking about a dialogue. You're talking about a hearing, a courtroom
hearing kind of setting. So, I don't like the subpoena power, Commissioner Regalado, and if you
would remove that, I could support this process.
Commissioner Regalado: I agree with that, Commissioner.
Vice Chairman Gort: I don't think there's any need for that either
148 January 13, 2000
Commissioner Regalado: I agree with that, Commissioner. Because I think that everybody's in good
faith. I really do believe that people will come. And, so, I don't have any problem, at all.
Commissioner Teele: So, he accepts that amendment.
Vice Chairman Gort: Right.
Commissioner Teele: But just so that the record is clear, Mr. Attorney, the conveying of subpoena
power is merely a statement of the authority that this Commission has anyway. If it came back to it
-- if there were a request, the decision to subpoena would still have to come back here for a vote, is
that correct?
Mr. Vilarello: Yes, sir. That's correct.
Vice Chairman Gort: That's correct.
Commissioner Teele: And this committee would not have subpoena power, itself?
Mr. Vilarello: This committee wouldn't have subpoena powers under any circumstances.
Commissioner Teele: OK. And I just want to make that clear because...
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: Well, I -- just to elaborate on that. I believe that the dialogue to find
solutions to the problems is great, but I'll be willing to say up here that I will not put the City of
Miami Police Department on trial; I will not put the Chief of Police on trial, and I want that to be
very, very clear. Complaints? I made it very clear in my last statement. If people believe that they
were violated, in any way, abused, police brutality, violation of human rights, they have channels to
take that are there. The ACLU (American Civil Liberties Union), the Internal Affairs. They could
go to the Police Department and file a complaint. It would be handled. And, also, the court system, if
they decide to go that route. But to continue to divide a community that, today, is -- I mean, it's hot.
I mean, this is good. I could support this now that it doesn't have the subpoena power. It has,
basically, been watered down to just an inquiry to find out what ways we could work together, the
Police Department and everyone else, to find ways to cool the tempers that are out there; that they're
all waiting for the next step to see what happens to this poor child, who has been traumatized for his
life. But I hope that this is a step in the right direction to keep the situation cool in the City of Miami.
Vice Chairman Gort: I think, mainly, at this time, we're going to make a decision on this. The
speakers that are going to be talking about the event that took place. All I want is the discussion on
the motion that is on the floor. That's all I want to hear, the motion on the floor. At this time, any of
the other arguments, you're going to be here, in front of this committee, and you can make your
presentation in front of this committee.
Commissioner Teele: Before you do, I would ask that Mr. Rodriguez be afforded the opportunity to
speak?
Vice Chairman Gort: Anybody who wants to speak on the motion that's on the table is welcomed to
do so. Any other minor issues, they can discuss them when the committee gets together.
149 January 13, 2000
Commissioner Teele: But I would like to hear from Mr. Rodriguez, first. And I would ask that the
two -minute limitation not apply, if necessary.
Mr. Tony Rodriguez (President of Miami Fraternal Order of Police): I won't be long, Commissioner.
Thank you very much. Tony Rodriguez, President of Miami FOP (Fraternal Order of Police). Very
briefly, I do want -to speak to the motion, but I just want to clarify some things that I think are very
important and I want to assure this Commission, the entire Commission, that, at no time, is it the
intention of me or the FOP or my officers to intimidate anyone or any Commissioner. I, certainly,
ask my officers, as you all know, to be here because there's an issue that's being discussed that
involves them. I think they have a right to be here on an off-duty basis and participate in this. I
totally concur with Commissioner Sanchez. Well, let me just say something else. We are also very
sympathetic and understand, and many of our officers take many of the same positions, on a personal
basis, as the demonstrators and the Cuban exile community. Many of our officers being of Cuban -
American descent. And we understand and sympathize with the Elian Gonzalez situation. But we
have a job to do. We took an oath to preserve the public safety and to serve our entire community.
To the issue, specifically, of this panel, Blue Ribbon Panel special committee, we oppose that and we
would ask that you vote this down. And I'll tell you why. From what it started -- certainly we were
opposed to that. But from what it started to what it is now, it's, basically, your Community Relations
Committee, your Public Relations Committee, that you already have in place. If you recall, when
that issue first came up, we had some objections with that Committee because we were afraid that the
issue of subpoena power and it would be just another police inquiry board, as it has occurred in other
areas of our country. And we received assurances from all of you that that would not be the case.
So, clearly, you have, yet, another avenue, separate from all the avenues, of course, that
Commissioner Sanchez spoke about, to do that. And I would suggest that you use that board to do
that. Because let me tell you, clearly, right now, we welcome any inquiry. We firmly stand by the
position and we support the Chief and by the position that our officers acted appropriately. They,
used tremendous amounts of restraint. In fact, I agree with you, Commissioner Teele. We received
criticism for using too much restraint, for being too tolerant. So, certainly -- thank you, sir. So,
certainly, that is a position that we take in that regard. And what we would ask -- and let me just say
something else. Well, I won't do that. I'll stick to the issue. On another date, I'll address that issue.
What I do want to say to what you mentioned. If, in fact, there is anybody doing some of the things
that you mentioned, I want you to know -- and I'm saying it here on the record -- that's deplorable
and we'll be the first to say that. That's inappropriate. That should be investigated, and I welcome
for that to be investigated. Because I want you to know, we have no knowledge of that and I don't
support that. Commissioner Regalado, where I may not agree with his views, I certainly respect his
right to express them, his right to represent his constituents, and I would fight for that, even though I
may not agree with it. So, I want to be very clear about that. We oppose the forming of an
independent panel. You have one now. Let's use it. If it hasn't met, well, let's get them to meet.
Now, you have an issue for them to meet. And we support and reject some of the notions that have
been made, that our officers were beating people or being abusive, that they were ordered to do that.
Absolutely not. We are the best trained in a country on those issues. So, I think that's very
important.
Vice Chairman Gort: Let's talk on the issues, OK? Yes, ma'am. We talked on the motion on the
table.
Ms. Elena Carpenter: To the motion, sir. Elena Carpenter, 2980 McFarland Road. Actually,
perhaps, I should say my name is Elena Villoldo —Ramirez- De Arellano. I was born in Cuba, and I
only say that because, maybe, it will add some depth to what I'd like to say. I have a problem with
his motion, with Commissioner Regalado's motion. Because, as he has stated, that he has a concern
about our image, meaning the image of the City of Miami, the image of the Police Department; I also
150 January 13, 2000
have a concern about the image of the Cubans in the City of Miami, for I am one that has been
blessed with American citizenship. But I'm still Cuban. I think that we have already caused enough
havoc to create a questionable image by inconveniencing our regular citizens of the City of Miami, to
protest in a fashion that was nothing but civil disobedience. Now, having said that -- and that has
been discussed with Mr. Teele, who I now need to steal his phrase and say, I don't often have the
opportunity to agree, as much I do today, with Commissioner Teele. I think dialogue is wonderful.
Formal inquiry smells of questioning your Police Department of a vote of no confidence to your
police officers and statements that, perhaps, something was done wrong. I am a product of our hippy
generation and we protested, fully well knowing, that if you protested, you had a chance of going to
jail. Amazed, we didn't end up in the same one, Mr. Teele. But the bottom...
Commissioner Teele: I wasn't with the hippy deal.
Ms. Carpenter: Maybe I'm a little younger, Commissioner. But the bottom line is that, if we
dialogue, perhaps, as we -- we'll talk about that later. The bottom line is that, perhaps, we were
cognizant of the fact that, if we did protests and sit-ins and things along those lines, we knew that we
were going to get arrested. And, perhaps, dialogue will educate these fine people. Hey, why don't
we protest the right way? But if you want to do it the wrong way, you are going to get arrested. And
if you get up and create the kind of image that was displayed here just not too long ago of people
yelling and screaming -- and let me tell you...
Vice Chairman Gort: Thank you, ma'am. Two minutes are up. The two minutes are up.
Ms. Carpenter: May I, please, finish?
Vice Chairman Gort: Look, I have many people...
Ms. Carpenter: They got to speak more than I did, and they were screaming, Commissioner.
Vice Chairman Gort: No. The only person that got to speak...
Ms. Carpenter: If I commit an act of civil disobedience, will you do a committee for me?
Vice Chairman Gort: Carpenter, I have to follow the rules. Two minutes, OK? You're out of order.
Ms. Carpenter: I know, and so were they.
Vice Chairman Gort: Next. Excuse me. And they were...
Ms. Carpenter: But they got to do it.
Vice Chairman Gort: And they're not here. They're not talking to us, and we're not listening to it.
Thank you.
Ms. Carpenter: I doubt that.
Vice Chairman Gort: Thank you. Yes, sir. We talked about the issue now.
Mr. Eladio Armesto Garcia: Yes. Mr. Chairman...
Vice Chairman Gort: We talked about the issue, resolution in here.
151 January 13, 2000
Mr. Garcia: Mr. Chairman and members of the Commission. My name is Eladio Armesto Garcia,
formally State Representative, former member of many commissions in the City of Miami. I was
part of the demonstration and I was told by some police officers to...
Vice Chairman Gort: We're talking about the resolution that is in front of us. You'll get a chance to
testify on the incident on the day of the hearing.
Mr. Garcia: The resolution is needed. A resolution like this was needed before when a hundred and
fifty thousand dollars ($150,000) disappeared from the safe deposit box of the Police Department in
Miami years ago and nobody discovered it. Resolution like this was needed before and needed it
now and resolution like this, I support fully because will be the first step to come together the good
policemen, the good citizens and get rid of the bad apples in both sides. This is needed because of
that reason. Because in both sides are bad apples and good apples. Let's keep the good apples and
get rid of the bad apples, once and for all. That is one of the reasons why I support this resolution, to
clear up the air.
Vice Chairman Gort: Thank you, sir.
Mr. Garcia: Thank you for your time.
Vice Chairman Gort: Next? Excuse me. Hold it
Mr. Meilyn Camejo: Good afternoon. Meilyn Camejo, 5555 Collins Avenue. I wouldn't be here if I
didn't think that it was my civic duty to be here. The allegations that have been brought against...
Vice Chairman Gort: We're going to talk about the resolutions in front of us. That's all we're going
to discuss. You'll get a chance to speak at specific item later on.
Mr. Camejo: OK. I want to state that this is not -- this should not be a fight against people against
police officers or Cubans against police officers. This is just a couple of police officers that gives --
everyone that gives all the police officers a bad name. This is not against all of you. You shouldn't
take this all personally. It's just a couple of people in the department that I saw, while I was at the
demonstration that were acting with excessive force because it was used against me.
Vice Chairman Gort: Excuse me. We've addressed the resolution. Are you in favor of the
resolution or you're against the resolution?
Mr. Camejo: I'm in favor of the resolution.
Vice Chairman Gort: Thank you.
Mr. Camejo: Thank you.
Vice Chairman Gort: Next? Excuse me. Hold it.
Mr. Eladio Jose Armesto: Eladio Jose Armesto, 850 North Miami Avenue. I am in favor of the
resolution, without any amendments, especially the amendment of taking out the subpoena powers.
As a former member of the Office of Professional Responsibility Advisory Board of the City of
Miami which is the board that investigated complaints against our Police Department, I participated
in the investigation of the police brutality cases that arose from the Haitian disturbances back in
152 January 13, 2000
1990, against a Cuban storeowner in Little Haiti. And I can tell you that, without subpoena powers,
this committee is nothing but a farce. It's not going to be able to enforce anything. It's not going to
get anywhere, and it's just putting a little bit of cosmetic or white -washing over the incident that
occurred. The real fault has to be investigated. I believe the fault lies in the leadership of the City, in
not having set asides base for demonstrators, where people could go and demonstrate, but that's
another story. That fact of the matter is, that if you take away the subpoena powers, it's only but a
farce. In Spanish, there's a saying. (Comment in Spanish) "He who doesn't has -- who has nothing
to hide has nothing to fear." Therefore, I don't see why we have to do away with the subpoena
powers of this Blue Ribbon Committee. Thank you.
Vice Chairman Gort: Thank you, sir. Next.
Mr. Juan Cueller: My name is Juan Cueller. I'm not from the City of Miami but I'm...
Vice Chairman Gort: Give us your address, please, sir.
Mr. Cueller: I'm from Pembroke Pines.
Vice Chairman Gort: Give us your address, please, sir.
Mr. Cueller: My address is 18284 Northwest 12th Street, Pembroke Pines. The reason that I'm here
because my name is Juan Cueller and I would like to ask, in my two minutes, to Chief O'Brien. Does
my name bring any ring to you, sir?
Vice Chairman Gort: Excuse me, sir. We're addressing the issue itself.
Mr. Cueller: I know. But since...
Vice Chairman Gort: OK. And you address it through the Chair.
Mr. Cueller: ...the Commissioner is present -- like Commissioner Sanchez expressed; there are three
avenues for the people to resolve this matter. I resolve my matter through the ACLU, when my First
Amendment right was infringed by the Police Department of Miami. Now, my case was sent to Mr.
O'Brien, by John De Leon, and Mr. O'Brien apologized to me when he broke -- his Police
Department broke my First Amendment right. Now, what I'm saying to Joe Sanchez, Commissioner,
and to all the Commissioners and Mr. Tillman, that it's very true that, when we go and manifest or
demonstrate peacefully, we are willing to get arrested. That's why, even poor people from different
backgrounds, were handing in their hands, voluntarily. We made a mockery in the English language.
Now, I want to ask, can I please? I would like to allow this time -- since I'm not going to be back in
this meeting -- for Chief O'Brien to respond to me. Because I was on Flagler and 57th, Friday.
There was no emergency. And I just came, Chief O'Brien, from Internal Affairs and I spoke with
Francia Bria Brown (phonetic) and I would like to ask you, sir, how many times do you have to
infringe, your Police Departments, my First Amendment right before your force does something
about it? And I'm talking now about Officer Rodriguez.
Vice Chairman Gort: Excuse me, sir. We're talking about the resolution. Are you in favor or
against the resolution?
Mr. Cueller: I approve the resolution. And I think Joe Sanchez have to understand that there's not
only three ways to resolve this matter because sometimes, they don't even pay attention. And here, I
have my case -- it happened months ago. I was thrown out from a public place and Mr. O'Brien --
153 January 13, 2000
Chief O'Brien has done nothing about it, and we're stili waiting for a second letter because the first
one didn't apologize for nothing. As far as Chief O'Brien is concerned, everything that he does is
fine.
Vice Chairman Gort: Thank you, sir. Your time -- sorry, sir. Your time is up. Thank you. Next.
Ms. Vanessa Garcia -Serra: Good afternoon. My name is Vanessa Garcia -Serra, 445 Santander,
Coral Gables. And, no, I'm not in favor of the proposition, as it has been presented, for the following
reasons: It does not specify the quality or the type of individuals that are going to be of such a
serious endeavor, "A." And, "B," if we are dealing with issues, such as possible abuse of police
power or possible handling of people who broke the law -- and I'm certain that there may be a little
bit of both -- I think that, before approving such a motion, we might want to address what the
composition of it would be. I would like to impose on you that I was a Police and Fire
Commissioner in Illinois for 11 years and presided that board. I'm very well aware of how police
officers should conduct themselves, and how they are sometimes confronted with what's beyond
reasonable patience to expect from anyone. And, likewise, I had the opportunity to observe handling
that I found less than desirable by police officers, including this very evening, listening to comments
by some of the gentlemen who were sitting around me, such as "Marvin should have been sent back
to Cuba." I, as an educated person, understand that. But I believe this is the wrong forum to deal
with this issue, from this point on. Because what I have heard and presenced here has been, I
believe, too nationality -oriented, rather than what we're procedures and what are expectations from
civilians. Therefore, I would propose to you that you consider defining better what kind of
composition that board would be prior to considering that, a process to follow and I would urge, if it's
serious enough, that it should include subpoena powers because legitimate boards have that power. I
thank you, sir, for your time.
Vice Chairman Gort: Thank you, ma'am. Next.
Mr. Joaquin Pujol: I don't agree with the proposition. My name is Joaquin Pujol, 2009 Southwest 25
Street. To the police officer, we need you.
Vice Chairman Gort: Excuse me, sir. We addressed the resolution.
Mr. Pujol: Yeah, the resolution. That's the resolution.
Vice Chairman Gort: The resolution in front of us, OK?
Mr. Pujol: With the police officers, we need you. As a citizen, we have to respect the law. If we
broke the Law, we are supposed to be arrested. I understand it. From the police point of view, I
think have to respect the citizens. Give us some chance, you know, more flexible. Instead it's like I
see -- watching of the picture in the newspaper...
Vice Chairman Gort: Excuse me, sir.
Mr. Pujol: Put the knee in the back of the person.
Vice Chairman Gort: Sir, sir?
Mr. Pujol: You know, that's not right.
Vice Chairman Gort: Sir, address the resolution. Are you in favor or against the resolution?
154 January 13, 2000
0
Mr. Pujol: That's it.
Vice Chairman Gort: OK.
Mr. Pujol: But let me say.
Vice Chairman Gort: Sir?
Mr. Pujol: Again, all the police...
Vice Chairman Gort: Sir?
Mr. Pujol: All the police...
Vice Chairman Gort: Sir? Sir?
Mr. Pujol: We need you and we...
Vice Chairman Gort: Hello?
Mr. Pujol: ...in favor and respect the law.
•
Vice Chairman Gort: Hello? When you come to the hearing, you'll get a chance to talk to them, let
them know. Thank you. Next.
Mr. Albio Castillo: My name is Albio Castillo, lives in 2386 Southwest 8th Street. Before I said, I
am in favor. But I'd also like to say that I feel like the City should do something about this. They
should follow -- these people should follow the proper permit to do it. And I also feel that it's costing
us two million dollars ($2,000,000) for this shenanigan for no reason, at all. And I feel the City
should file a class action suit against these organization that caused these people what they did.
Thank you. And I am favor for it.
Vice Chairman Gort: Thank you, sir. Next.
Ms. Lilliana Blanco: Good afternoon. My name is Lilliana Blanco-Stevenel (phonetic), 8005
Northwest 8th Street. I have nothing against the Police Department. I come from a law enforcement
family. In fact, I took classes down at the Miami Police Department in 1986/87 and I see a lot of
ex -people that went to school with me here, today. The police is supposed to serve and protect and
that's what I believe. I'm and American citizen, born and raised in this country, and I am appalled
with what has happened.
Vice Chairman Gort: Ma'am, we're talking about the issue that's on the table.
Ms. Blanco: I totally support it.
Vice Chairman Gort: The motion that's in front of us.
Ms. Blanco: Because I had nothing to do there, and I was brutally attacked by police officers.
155 January 13, 2000
Vice Chairman Gort: Ma'am, you'll get a chance to express that in front of a committee. What we're
addressing right now, are you in favor or against the resolution?
Ms. Blanco: Of course, I am in favor.
Vice Chairman Gort: OK.
Ms. Blanco: Thank you.
Vice Chairman Gort: Thank you. Next.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street, in Miami. I am in favor of the
resolution, as it is written. And I am very much in favor of having subpoena powers because I don't
know if many people will go willingly or with a certified letter or something because if he send by
mail, it's already lost in the mail. You know, they don't get it. But subpoena power, you get a server
and it's a different story. Then, you have to go and consider to get to be careful of the mention about
the ACLU, all that. I am a member of the ACLU, dues paying member. And, you know, the First
Amendment say not only "freedom of expression," but they have the freedom of the people to
peacefully assemble and to ask the government for redress of grievances and that's what we're doing
here, peaceful assembly and asking the government for a redress of the grievances that we have.
Thank you.
Vice Chairman Gort: Thank you. Next.
Ms. Ruby Feria: Good evening. Ruby Feria, 3099 Southwest 5th Street. It's unfortunate that -- first
of all, I support. And the subpoena power is something that, if we have the dignity and the integrity
to be able to perform the way we should without it, then, so be it. Otherwise, if it's necessary or if it
becomes necessary, then, we have to enforce it. But I think this community and this Police
Department, which is not the first time that I come here to say that I am very proud that we have one
of the finest police forces in the nation. And as Chief Warshaw put it -- and I couldn't have said it
myself -- we are, in the eyes of the world, as the best police force. At least, we were. I support
Tomas Regalado for coming out there and being with his community in a moment of need, and I'm
just sorry that not all of you were there. I think it's the place of a Commissioner to be with its
community when it becomes necessary. So, I applaud what he did. I totally support what he did and
I don't think there was any wrongdoing on his part. On the part of the police officers...
Vice Chairman Gort: We're talking about the resolution in here, OK?
Ms. Feria: I support the resolution. OK.
Vice Chairman Gort: OK. That's it. If any other issue, you can address it later on.
Ms. Feria: I just -- OK. Let me finish my statement and make a comment about what Mr. Rodriguez
says. What is an issue...
Vice Chairman Gort: Excuse me.
Ms. Feria: ...is not -- I'm sorry. Commissioner, I am talking something in relation to the resolution
Vice Chairman Gort: OK.
156 January 13, 2000
Ms. Feria: I am not addressing any particular issue. Mr. Rodriguez put it well when he said they
have a job to do. It is not in question whether or not they have a job to do. It's the way in which the
job is carried out. And I believe that, as a community, we should come together and have the dignity
to work this out together because we're going to have to continue to live together and we -- and I like
to remind the police officers, the entire police force, with all due respect, that this is the same
community that, when the police needed it, it was out there for them.
Vice Chairman Gort: Thank you, ma'am.
Ms. Feria: So, it is my desire...
Vice Chairman Gort: Your two minutes are up. Thank you, ma'am.
Ms. Feria: ...to be a part of working this out together. Thank you. Commissioner!
Vice Chairman Gort: Thank you.
Ms. Feria: Commissioner!
Vice Chairman Gort: Thank you. Thank you. Next.
Mr. Pablo Perez Cisneros: My name is Pablo Perez -Cisneros. I live at 1420 Brickell Bay Drive, in
Miami. Definitely, I support the resolution. Number 2. I believe that, without the subpoena powers,
whenever this committee will ask somebody to come in, the person can just ignore it. Doesn't have
to come in. So, if this Commission don't want to have that in there, which I don't know what
difference it makes, at least, if the person doesn't show up at the meeting, then, they should bring --
the committee should bring that name to the Commission and the Commission should subpoena the
person to appear before the committee. Otherwise, it doesn't work. And the question, of course, on
this matter is that some people think that Chief O'Brien, as he said here, "He will do it all over again,
the same way." And there's some question about how it was handled. Therefore, I think the
subpoena power is the correct way to go, and I am definitely in favor of the resolution.
Vice Chairman Gort: Thank you. OK. We'll now close the public hearings and -- let's go guys.
OK. Let me -- before I call the question and vote on this. I think it will be very important -- because
there's a lot of misunderstanding, misrepresentation that has been made. I think people coming
together in here, expressing their feelings, and I think it's very important for the citizens to
understand the actions of the police. It's very important for the police to understand the actions of the
citizens. At the same time, I think -- I believe that this will be very important to do so. I think it will
bring people closer together. Like I stated before, we've had this type of demonstrations before and
if we work as a community, we've had it and we've done it very successful and very peaceful. We're
going to continue to have those in there, but we're going to do it correctly and the right way. There's
a motion and there's a second. Would you read the...
Commissioner Teele: Mr. Chairman, in light of the debate, there are two things that I would ask
Commissioner Regalado to consider and advise us. One lady made a very good point, that there are
no qualifications. Is there anybody -- just very quickly. I guess we're to be guided by our common
sense. But I think that's a very good...
Vice Chairman Gort: I'm sorry. Go ahead.
157 January 13, 2000
Commissioner Teele: I think that's a very good point. The second thing is this. Reports have a way
of never ending, if you don't have an ending date.
Commissioner Regalado: Oh, it has a sunset, I think, does it?
Commissioner Teele: When do you expect to have this report back? It's not clear to me. I mean,
we've deleted the part about the interim reports coming to the Commission, which I strongly support.
But I...
Commissioner Regalado: I believe, Commissioner -- I mean...
Commissioner Teele: It's not in here.
Commissioner Regalado: No. The most important thing that any committee has done was the
Charter Review of the City of Miami, which changed the whole system of government of the City of
Miami, and it did that in six months. This committee has a very simple task, to review what
happened, one -- two days in a week and why it happened. I think it should have a sunset of 90 days.
Commissioner Teele: Well, I would only recommend to you that, if it's your intent to have it in 90
days and stated, otherwise, it'll just go on and on. And if they need more time, then, we can do like
we did with that.
Commissioner Regalado: Exactly, exactly.
Commissioner Teele: But I would strongly recommend to you that you consider putting in a date for
the report.
Commissioner Regalado: You know, 90 days, Mr. City Attorney, is the sunset of that committee.
And that the appointment -- excuse me, Mr. Chairman. If you agree that the appointments could be
made by memo to the City Clerk...
Vice Chairman Gort: I'm ready to make my...
Commissioner Regalado: ...so we don't have to wait...
Vice Chairman Gort: I'm ready to make my appointment tonight.
Commissioner Regalado: Me, too.
Vice Chairman Gort: OK. Well, somebody talked about we do have -- within the resolution, we
have also a system that could be established and the person that can be appointed. So, could you
repeat that, again, for the sake of the public and the...?
Mr. Vilarello: The appointment simply requires that the Commissioner notify the City Clerk.
Vice Chairman Gort: No; no. Who's going to make the appointments and what's going to be the
composition of this?
Mr. Vilarello: Each member of the City Commission will have one appointment; the Police
Department will have one representative, and the Mayor will have one appointment.
158 January 13, 2000
Vice Chairman Gort: OK. Thank you. OK? Do you want to repeat the motion now, with the
amendments and the sunset date?
Mr. Vilarello: The resolution was modified to delete the subpoena -- the authorization for the
committee to request a subpoena to be issued by the City Commission and instead of interim reports
to the City Commission, it would simply require a final report to the City Commission after 90 days.
Vice Chairman Gort: No more than 90 days and it could be less than 90 days if the committee does
come up with a resolution before, am I correct? Is that the motion? It was moved by Commissioner
Regalado. It was seconded -- who's the seconder?
Commissioner Winton: I'll second.
Vice Chairman Gort: It was seconded by Commissioner Winton. OK?
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: And while the venue issue was never in the motion, it's understood that the
venue will be City Hall or some other appropriate quasi-judicial location.
Vice Chairman Gort: Correct. To support, the administration will work to come up with the ideal
location to have this hearing, OK?
Commissioner Regalado: Work with Commissioner Regalado...
Mr. Warshaw: We have several locations we can offer.
Commissioner Teele: I don't have a problem with it being NET 9 broadcast, at all. I just think it
looks...
Vice Chairman Gort: I think it should. I think it's very important. They will.
Commissioner Teele: It looks like it's a Commission thing, if it's...
Mr. Warshaw: That's fine?
Vice Chairman Gort: I think it's very important. They will. And I have another motion, after this
one goes through, OK? Are we all in agreement? All in favor state by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Nays? No nays.
159 January 13, 2000
•
•
The following resolution was introduced by Commissioner Regalado moved its adoption:
RESOLUTION NO. 00-43
A RESOLUTION OF THE MIAMI CITY COMMISSION CREATING
A SEVEN (7) MEMBER AD HOC COMMITTEE TO INVESTIGATE
AND REVIEW COMMUNITY RELATIONS BETWEEN THE CITY
OF MIAMI POLICE DEPARTMENT AND THE PARTICIPATING
INDIVIDUALS THAT TRANSPIRED THE WEEK OF JANUARY 3,
2000, RELATED TO THE PROTESTS AND DEMONSTRATIONS
CONCERNING ELIAN GONZALEZ' POLITICAL ASYLUM AND
CUSTODY HEARING; PROVIDING FOR APPOINTMENT OF
MEMBERS TO THE AD HOC COMMITTEE; SETTING FORTH THE
AD HOC COMMITTEE'S RESPONSIBILITIES AND POWERS;
STIPULATING THAT SAID COMMITTEE SHALL CONDUCT ITS
ACTIVITIES CONSISTENT WITH APPLICABLE LAW AND
CONTRACTUAL REQUIREMENTS; REQUIRING A FINAL
REPORT TO BE PRESENTED TO THE CITY COMMISSION AT A
CITY COMMISSION MEETING NO MORE THAN NINETY (90)
DAYS FROM THE DATE OF THE ADOPTION OF THIS
RESOLUTION; AND ALLOCATING FUNDS THERFOR, IN THE
AMOUNT NOT TO EXCEED $25,000, FROM SPECIAL PROGRAMS
AND ACCOUNTS, TO COVER EXPENSES INCURRED BY THE AD
HOC COMMITTEE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: One of the things I'm going to request of you and, Commissioner Regalado,
the statement was made that the Community Relations Board should get together and I think the
administration should give the logistics to this committee and this committee should immediately try
to get together with the leaders, not only Cuban -American community but the Haitian community, to
make sure that any future demonstration that is put together, is done orderly, in accordance with all
of us.
Commissioner Teele: Mr. Attorney would there be any prohibition on me appointing former Mayor
Suarez?
160 January 13, 2000
Mr. Vilarello: My recollection, Community Relations Board allows for each Commissioner to make
their own appointment. In fact, I believe that not all Commissioners have made their appointment.
Commissioner Teele: You don't have a sense of humor, at all, do you?
Mr. Vilarello: Not at this point, no, sir.
Vice Chairman Gort: OK. Are we ready to make appointments to this committee? I'm ready to
make my appointment.
Commissioner Sanchez: I'm not.
Commissioner Winton: I have no idea.
Vice Chairman Gort: Well, I am. I would like to appoint Richard Cooper to this committee as my
representative,
Commissioner Sanchez: OK. I will defer mine.
Commissioner Regalado: My appointment will be Jose Herrera.
Vice Chairman Gort: Anyone else? Do I have a motion to accept these individuals to the...
Commissioner Teele: The resolution requires only be filed with the Clerk.
Vice Chairman Gort: OK. We'll file it with the Clerk. OK? Thank you, ladies and gentlemen,
for being with us and we're looking forward to seeing you again.
Vice Chairman Gort: Next item.
Mr. Donald Warshaw (City Manager): Thirty -nine -A, I think it was.
Vice Chairman Gort: Thirty-nine. We took the inaudible. We're going to 40,
which is appointments.
Mr. Warshaw: I think you have 39-A.
Mr. Alejandro Vilarello (City Attorney): 39-A.
Mr. Warshaw: And 39-B.
Vice Chairman Gort: Okay. Why don't we take a five-minute recess?
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 6:03 P.M. AND
RECONVENED AT 6:09 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION
FOUND TO BE PRESENT, EXCEPT COMMISSIONER REGALADO.
Vice Chairman Gort: 39 was denied. Item 40. I'm sorry. Thirty -Nine -A. Let's
go, 39-A. Resolution starting the City of Miami Charter Review and Reform
Committee to review the charter of the City of Miami, Florida, as amended, and
any charter -- who is the maker of the resolution? Hello? Thirty-eight passed.
161 January 13, 2000
Unidentified speaker: Yes, it passed.
Vice Chairman Gort: What are you talking about? It already passed.
Unidentified speaker: It passed.
Mr. Warshaw: 39-A passed?
Vice Chairman Gort: 39-A, we had to take 39-A. Whose resolution is this?
Mr. Alejandro Vilarello (City Attorney): 39-A.
Mr. Warshaw: These came off of your blue sheets. They moved over to the
regular agenda.
Vice Chairman Gort: Commissioner Teele, this is your resolution. .
Commissioner Teele: What?
Vice Chairman Gort: 39-A. See, you are the guys that cause all the problems.
Then, you blame it onus. Dropping cameras on people. 39 - A.
Unidentified speaker: Can we defer this item?
Mr. Vilarello: Do you want me to read it, Commissioner?
Vice Chairman Gort: Read it.
Mr. Vilarello: It's --
Vice Chairman Gort: Defer to the next meeting.
Vice Chairman Gort: Thirty-nine B.
Commissioner Teele: I would so move. This is the one that Commissioner...
Vice Chairman Gort: Right. To evaluate the...
Commissioner Teele: ... Winton and Commissioners...
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second. Discussion? Being none, all in favor state by
saying "aye."
162 January 13, 2000
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-44
A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE CITY OF
MIAMI BOARDS AND COMMITTEES REVIEW COMMITTEE ("COMMITTEE") FOR A
PERIOD NOT TO EXCEED ONE YEAR TO EVALUATE THE PERFORMANCE AND
EFFECTIVENESS OF EACH EXISTING CITY BOARD, COMMITTEE, AUTHORITY,
AND TRUST ("BOARD"), AND ADVISE AND MAKE RECOMMENDATIONS TO THE
CITY COMMISSION REGARDING THE CONTINUATION, CONSOLIDATION,
SUNSETTING, AND ANY CHANGES WHICH SHOULD BE MADE IN THE
MEMBERSHIP, FUNCTION OR ANY OTHER CHARACTERISTIC OF SAID BOARDS;
SETTING FORTH SAID COMMITTEE'S PURPOSE, POWERS, AND DUTIES; AND
PROVIDING FOR OFFICERS, MEETINGS; QUORUMS, AND REQUIREMENTS FOR
MEMBERSHIP; DIRECTING THE CITY CLERK TO IMMEDIATELY TRANSMIT
SPECIFIC INFORMATION AS SET FORTH HEREIN TO THE COMMITTEE, OR
REQUEST SAID INFORMATION FROM THE CHAIRPERSON OR ADMINISTRATIVE
STAFF LIAISON OF EACH BOARD.
(Here follows the body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded Commissioner Sanchez , the resolution was passes 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: Unanimous.
Commissioner Teele: Commissioner Winton -- and on the point. You know, one of the things,
though; I really wish we could try to figure out how to reduce the number of committees. I think,
once we start putting the pen to pencil, not to consider the man hours of staff, to support them, and
the other thing that we have to do is, we really do have to -- if we're going to empower these
committees, we need to listen to them, too. So, I'm not sure how we get about this, but it's really
important, Mr. Manager. I think, you know, a lot of things come across -- it's really in the
management's best interest to work with us to streamline, to consolidate -- I mean, you all are
staffing all these things. And it's not just the Manager's Office. It should be the City Attorney's
Office and the Clerk's Office. You know, we get committees that get created, for example, that
nobody goes to them and gives them their responsibilities, under State Law, such as Sunshine Law. I
mean, they don't get briefed. And that's not anybody's fault because we've never really had a process.
And it takes a lot of man-hours to do that and answer the profound questions and not so profound and
the silly questions that are going to, invariably, come up. We need to really look at how we can
163 January 13, 2000
reduce the number of committees, consolidate committees. And I'm just sort of appealing to the
Manager and the Attorney and the Clerk to really be a part of a process to help us to reduce this.
Mr. Donald Warshaw (City Manager): If you'd like, we can put something together, look at it,
evaluate it, come back to you, make some recommendations.
Commissioner Teele: Well, yeah. And that's sort of what this committee is supposed to do, but...
Vice Chairman Gort: That's what it's going to be doing.
Commissioner Teele: ...we really would like to do that. I know that it's very frustrating when I've
come in -- I know that Commissioner Sanchez and Commissioner Winton have both been here less
than two years. We just see too many committees coming in. We create a lot of these committees,
too. I don't mind creating an interim committee, like for 90 days or 60 days, but we create these
committees that last forever.
Commissioner Winton: By the way, it seems like I've been here for more than two years.
Vice Chairman Gott: Especially, tonight's meeting.
Mr. Walter Foeman (City Clerk): Commissioner Teele?
Vice Chairman Gort: Welcome aboard.
Mr. Foeman: Commissioner Teele?
Vice Chairman Gott: Yes.
Mr. Foeman: I just want to say that Section 2-890, the Code lays out some specific criteria by which
the board that you just talked about can look at, with respect to boards and committees. That criteria
normally forms part of the annual review of the specific boards, as relates to the annual reports. But
there is some specific criteria laid out for the committee's deliberation.
Commissioner Teele: Now, the problem with this committee -- and I can tell you right now -- is that
one member of this committee is to be a member of the Commission, and I think we need language
that says "four members shall be appointed with one member and, in the alternative, if one member
shall not serve, the Commission shall name a chairperson." Because I can tell you that we're -- you
know, there's just so many committees and so much time that we, as Commissioners, have right now.
So, I would ask that as a friendly amendment, you know, for -- with the option of one Commissioner
serving as Chairman if no one -- then, that Commissioner shall -- then the Commission shall
designate a chair.
Vice Chairman Gort: OK. We voted on that already, so...
Commissioner Teele: I would move to reconsider that for the purpose of amending...
Vice Chairman Gort: OK. It's been moved and second. All in favor state by saying "aye."
The Commission (Collectively): Aye.
164 January 13, 2000
•
C7
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-45
A MOTION TO RECONSIDER PRIOR VOTE TAKEN ON
RESOLUTION 00-44, WHICH ESTABLISHED THE CITY OF MIAMI
BOARDS AND COMMITTEES REVIEW COMMITTEE. [Note for the
Record: The above cited resolution was immediately thereafter passed
and adopted, as modified, as R-00-46.]
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Teele: I would move the amendment -- I mean, I would ask that it be amended, with
the consideration that, if no Commissioner serves, that the committee will reserve the right to name a
chairperson. And so moved.
Vice Chairman Gort: OK. It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Second. All in favor state by saying "aye."
165 January 13, 2000
The following resolution was introduced by Commissioner Teele, who moved
its adoption:
RESOLUTION NO. 00-46
A RESOLUTION OF THE MIAMI CITY COMMISSION
ESTABLISHING THE CITY OF MIAMI BOARDS AND
COMMITTEES REVIEW COMMITTEE ("COMMITTEE") FOR A
PERIOD NOT TO EXCEED ONE YEAR TO EVALUATE THE
PERFORMANCE AND EFFECTIVENESS OF EACH EXISTING
CITY BOARD, COMMITTEE, AUTHORITY, AND TRUST
(`BOARD"), AND ADVISE AND MAKE RECOMMENDATIONS TO
THE CITY COMMISSION REGARDING THE CONTINUATION,
CONSOLIDATION, SUNSETTING, AND ANY CHANGES WHICH
SHOULD BE MADE IN THE MEMBERSHIP, FUNCTION OR ANY
OTHER CHARACTERISTIC OF SAID BOARDS; SETTING FORTH
SAID COMMITTEE'S PURPOSE, POWERS, AND DUTIES; AND
PROVIDING FOR OFFICERS, MEETINGS; QUORUMS, AND
REQUIREMENTS FOR MEMBERSHIP; DIRECTING THE CITY
CLERK TO IMMEDIATELY TRANSMIT SPECIFIC INFORMATION
AS SET FORTH HEREIN TO THE COMMITTEE, OR REQUEST
SAID INFORMATION FROM THE CHAIRPERSON OR
ADMINISTRATIVE STAFF LIAISON OF EACH BOARD.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Teele: Commissioner Winton, it was really hoped that you would consider this
because -- I mean, it gives you a real overview and it gives you an opportunity to help streamline
something.
Vice Chairman Gort: Well, I've got another one for him, too.
166 January 13, 2000
Vice Chairman Gort: Forty. We need to form a Commissioner Plummer was
appointed as a member of the South Florida Employment and Training
Consortium. We need to appoint someone to represent the City of Miami. This
consortium, what it does, it provides funding for training and your decision is
very important to determine where the monies are going to go. Who will
volunteer?
Commissioner Sanchez: I volunteer Arthur Teele.
Commissioner Teele: No, no, no, no.
Commissioner Sanchez: Is there a second?
Commissioner Teele: No, don't do this. Well, again, this is a committee that is
very important to business people. I mean, I think -- you know, obviously if
Commissioner Winton does not want to serve, I will serve. But I think it
should be your -- up to you to accept it and if you don't want to make the
decision now, you'd like to make it at the next meeting, you know -- but.
Commissioner Winton: Yes, okay. Good. Thank you.
Vice Chairman Gort: Talk to staff. Okay.
Vice Chairman Gort: Forty-one.
Commissioner Teele: But if you don't accept it, then I will go ahead and accept
it.
Commissioner Winton: And I'll come back next time and let you know.
Vice Chairman Gort: Forty-one, Code Enforcement Board.
Ms. Mary Hill: Good morning. I wanted to say something on 40. Can the
public speak on 40? It's very important.
Vice Chairman Gort: We refer that, ma'am. We refer that, ma'am. .
Commissioner Winton: By the way, Mr. Chairman --
Ms. Hill: You deferred it?
Commissioner Winton: Mr. Chairman, on all these board appointments, I'm
still a little behind and my apologies to all you committee people who are
167 January 13, 2000
working hard but I do not -- I am not making any appointments this evening.
Vice Chairman Gort: Okay.
Commissioner Regalado: Excuse me. I have some appointments, Mr.
Chairman. Where are we? I'm sorry.
Commissioner Teele: Code Enforcement.
Vice Chairman Gort: Code Enforcement Board. Commissioner Regalado, you
have one nomination.
Commissioner Regalado: Joe Ferrero.
Vice Chairman Gort: Do I have a motion to approve the recommended board?
Commissioner Teele: Second.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved by Teele, seconded by Sanchez. All in
favor state by saying aye.
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 00-47
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL AS A REGULAR MEMBER
OF THE CODE ENFORCEMENT 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 Teele, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
168 January 13, 2000
i
11
Vice Chairman Gort: Commission Solid Waste Management Advisory
Committee, 42.
Commissioner Regalado: I move to appoint Commissioner Sanchez as the
Commissioner at large appointment.
Vice Chairman Gott: Second? Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Second. All in favor state by saying aye.
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 00-48
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING COMMISSIONER JOE SANC1 EZ AS A
MEMBER OF THE SOLID WASTE MANAGEMENT
ADVISORY 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 Teele, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
169 January 13, 2000
•
•
Vice Chairman Gort: Forty-three. Downtown Development Authority Board of
Directors. This is the interim board to be recommended, to be approved and
confirmed by the Commissioners. Loretta Cockrum, Juan Carlos "J. C" Mas,
Carlos Migoya, Servio Rok, Rodrigo Trujillo.
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: All in favor state by saying aye.
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-49
A RESOLUTION OF THE MIAMI CITY COMMISSION
CONFIRMING THE APPOINTMENTS OF CERTAIN
INDIVIDUALS AS MEMBERS OF THE BOARD OF
DIRECTORS OF THE DOWNTOWN DEVELOPMENT
AUTHORITY 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 Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
Note for the Record: Item 44 was deferred.
Vice Chairman Gort: Finance Committee, Commissioner Sanchez one
170 January 13, 2000
nomination.
Commissioner Sanchez: Defer it.
Commissioner Teele: What number is this?
Commissioner Sanchez: Forty-four.
Mr. Walter Foeman (City Clerk): Forty-four.
Vice Chairman Gort: Forty-four. You don't have any?
Note for the Record: Item 45 was deferred until the next regularly scheduled Commission
Meeting.
Vice Chairman Gort: Forty-five, health facility. I'll hold mine until the next
meeting. I'm the only one that has any.
Note for the Record: Item 46 was deferred.
Vice Chairman Gort: Jurisdictional Boundary Committee. No one has named
anyone yet.
Commissioner Regalado: Defer mine, please.
Vice Chairman Gort: Defer mine.
Commissioner Sanchez: Also defer mine.
Vice Chairman Gort: Miami Sports and Exhibition Authority.
Commissioner Teele: What number is this?
Commissioner Regalado: I have an appointment.
Mr. Walter Foeman (City Clerk): Forty-seven.
Vice Chairman Gort: Forty-seven. Beg your pardon.
Commissioner Regalado: I have an appointment.
Vice Chairman Gort: Go ahead.
Commissioner Regalado: Actually, I have two appointments.
Vice Chairman Gort: You have to make two appointments. Yes, sir.
171 January 13, 2000
Commissioner Regalado: Marianne Salazar and Carlos Martel.
Vice Chairman Gort: Okay. Commissioner Teele. You can nominate the same
individual you have or --
Commissioner Teele: Are we back in the business appointing all of these board
members again?
Mr. Foeman: Yes.
Commissioner Teele: It's tied to a calendar year, hull?
Mr. Foeman: Yes, because of the expiration term this month.
Vice Chairman Gort: I thought we did that -- I thought we did it last month.
Mr. Foeman: It expired January of this month.
Commissioner Teele: Al Houston is one of my appointments, reappointments.
Vice Chairman Gort: Okay. Commissioner Sanchez.
Commissioner Sanchez: My two appointments are to reappoint Landy Garcia
and to appoint Diego Garcia.
Vice Chairman Gort: My two appointments will be Eli Feinberg and Steve
Marin. You hold yours?
Commissioner Winton: I'm deferring all of mine.
Vice Chairman Gort: Okay. Do I have a motion to approve all --?
Commissioner Regalado: He has to appoint himself.
Commissioner Sanchez: Yes. He's got two, but he's going to defer thein.
Commissioner Regalado: Yes, I know. But he has to -- we have to appoint
him.
Commissioner Sanchez: He's already been appointed.
Commissioner Teele: No. He was appointed -- subject to him determining
whether or not he wants to serve and again he's asked for some time to think
this through so let's don't --
Commissioner Regalado: No. But I --
Commissioner Winton: Well, I thought you all drafted me some time ago. In
fact, I got sworn in two or three weeks ago, so --
172 January 13, 2000
Commissioner Regalado: Yes, but still, I --
Commissioner Teele: Oh, you did accept that?
Commissioner Winton: Yes, yes, yes, yes.
Commissioner Teele: Well, if you've accepted that, then I assume you will --
Commissioner Regalado: Then we have to appoint you again.
Commissioner Teele: We have to appoint you again because your inaudible has
expired.
Mr. Walter Foeman (City Clerk): Term had expired.
Commissioner Sanchez: So, I move to appoint Johnny Winton.
Commissioner Winton: I haven't even been to a meeting.
Vice Chairman Gort: It's a move. Is there a second?
Commissioner Teele: Second the motion.
Vice Chairman Gort: All in favor state by saying aye.
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-50
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 motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
173 January 13, 2000
Vice Chairman Gort: 48, Orange Bowl Steering Committee.
Commissioner Sanchez: I have -- Mr. Vice chair, if I may be allowed. I have
provided you with a letter and a list of people that have shown interest to be a
part of this committee. Of course, it is up to you to appoint whomever you
wish, but the members off this list have expressed concerns — interests in being
appointed. You have the list?
Vice Chairman Gort: I have to wait for mine.
Commissioner Regalado: I have an appointment.
Commissioner Sanchez: Okay. Commissioner Regalado, go ahead.
Commissioner Regalado: Rodolfo Camps. Rodolfo Camps. I'll give you the
list. The other one I defer.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: I would appoint Sam Bernstein, and he's the owner of the
nearest hotel to the Orange Bowl.
Vice Chairman Gort: Anyone else?
Commissioner Sanchez: I have two appointments. One would be Lewis B.
Freeman and Arthur Hertz.
Commissioner Winton: Well, Commissioner Sanchez, explain this memo to me.
Commissioner Sanchez: Well, that memo clearly is a list of people that I have
contacted and have shown --
Commissioner Winton: That would be willing to serve.
Commissioner Sanchez: -- interests -- yes, and will to serve in that committee.
Commissioner Winton: Well, frankly, I think that the coach of the University of
Miami would be great for the Orange Bowl Commission. So I would nominate
him and Al Dobson, Jr. I'm only going to make that one appointment and then
I'll come back to you.
Vice Chairman Gort: I'll make the person that brought the idea to me and that
was able to bring here, Steve Marin, and Steve Marin and I don't know if he
can serve the two boards at the -- this is an Advisory Board so I don't think it
will be any problem. And I would also Adolfo Enriquez. Anyone else? Is
174 January 13, 2000
there a motion to approve the nominated?
Commissioner Regalado: Move it.
Vice Chairman Gort: Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: All in favor state by saying aye.
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 00-51
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF
THE ORANGE BOWL STEERING COMMITTEE 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 Winton, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
Vice Chairman Gort: Planning Advisory Board.
Commissioner Regalado: I have two appointments.
Vice Chairman Gort: Let me begin this side down. Mr. Winton.
Commissioner Winton: No, I have none.
Vice Chairman Gort: Commissioner Sanchez.
175 January 13, 2000
Mr. Walter Foeman (City Clerk): We've received applications from Steven
Polakoff, Doris Scheer and James Chipman -Black. This is an Application
Board. You have to choose from the applications on file.
Commissioner Sanchez: So know one has sent -- can I reappoint my previous
appointees?
Mr. Foeman: If the applications are on file. We've only received three on file.
Commissioner Sanchez: So Frank Wendell is not on file and.
Mr. Foeman: No.
Commissioner Sanchez: And Dana Manner is not on file?
Mr. Foeman: No. They would have to.
Commissioner Sanchez: I'll defer at this time, so I.
Mr. Foeman: - You could direct me to go back out, and we can accept
applications.
Vice Chairman Gort: Go back out again, please. Okay. Commissioner?
Commissioner Regalado: Planning Advisory Board, Doris Scheer. She has an
obligation.
Mr. Foeman: Yes; she's on file. Ray.
Commissioner Regalado: Raymond McElroy?
Mr. Foeman: No, we don't have his on file
Commissioner Regalado: He's a current member.
Mr. Foeman: Yes, but --
Vice Chairman Gort: Yes, but they have to reapply.
Mr. Foeman: Yes, these are expired. They have to reapply. We do have Doris
Scheer on file.
Commissioner Regalado: Okay. Then Doris Scheer and he need to reapply.
Vice Chairman Gort: Okay. Commissioner Teele.
Commissioner Teele: No appointment.
Vice Chairman Gort: By the way, if we don't make any appointments today, the
people that already serving will continue to be serving.
176 January 13, 2000
Mr. Foeman: That's correct.
Vice Chairman Gort: Okay. Do I have a inotion to accept the nomination by
Commissioner Regalado?
Commissioner Winton: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: All in favor state by saying aye.
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-52
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.)
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
Note for the Record: Item 50 was deferred.
Vice Chairman Gort: Property and Asset Review Committee.
Commissioner Sanchez: Defer.
Vice Chairman Gort: I defer mine.
Commissioner Regalado: Defer. Defer.
177 January 13, 2000
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Defer.
Vice Chairman Gort: Okay.
Vice Chairman Gort: Fifty-one, Zoning Board. Commissioner Regalado.
Commissioner Regalado: Two appointments, Osvaldo Moran and Ricardo Ruiz.
Vice Chairman Gort: Will you read the names?
Mr. Walter Foeman (City Clerk): Ricardo Ruiz we have on file.
Commissioner Regalado: We have on file Ricardo Ruiz. So, we defer second.
Mr. Foeman: You want me to read into the record the names that we have on
file?
Vice Chairman Gort: Yes, please.
Mr. Foeman: George Barkett, Denis Ney Rod, Ricardo Ruiz, Georges Williams,
James Chipman- Black, and Charles Flowers.
Vice Chairman Gort: Mr. Flowers, okay. He's there.
Commissioner Teele: All right. Well, since Mr. Flowers is in the room, I'm
going to make sure that I appoint him now and Georges Williams.
Vice Chairman Gort: Okay. I will defer mine.
Commissioner Sanchez: Zoning? Are we in zoning?
Vice Chairman Gort: Yes.
Commissioner Teele: This is 51, right?
Commissioner Sanchez: I would like to reappoint both of mine, which is Iuvi
Pina and Fidel Perez.
Mr. Foeman: They are not on file. They haven't applied.
Vice Chairman Gort: They didn't send the --
Mr. Foeman: You can redirect me to go back out --
178 January 13, 2000
Ills
Vice Chairman Gort: Mr. Clerk
Mr. Foeman: Yes.
Vice Chairman Gort: Could you do me a favor and inform the secretary to
inform the. board members that although they are serving they have to reapply.
Mr. Foeman: Yes. I think Teresita Fernandez, who is the Hearing Board
Secretary, has done that.
Vice Chairman Gort: Teresita, please make sure that they reapply.
Ms. Teresita Fernandez (Executive Secretary, Hearing Boards): Teresita
Fernandez for the Hearing Boards. I mentioned to my board members for
Zoning and Planning twice that they had to reapply and the last two meetings.
Vice Chairman Gort: Please let them know. Thank you.
Miss. Fernandez: And I'll do it again.
Vice Chairman Gort: Thank you.. Do I have a motion to accept the nominations
by Commissioner Teele?
Mr. Foeman: And Commissioner Regalado.
Vice Chairman Gort: And Commissioner Regalado.
Commissioner Winton: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Commissioner Teele: Now, does the rule allow the people that are there to
continue to serve?
Mr. Foeman: Yes.
i
Commissioner Teele: Until their appointments are -- okay.
Vice Chairman Gort: All in favor state by saying aye.
The Commission collectively: Aye
179 January 13, 2000
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-53
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 Sanchez, 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
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
Commissioner Winton: But how do they go about by applying, by the way?
What's that process?
Vice Chairman Gort: They have to fill out some forms and City Clerk can tell --
they have to fill out a form and present it to the City Clerk.
Commissioner Winton: A specific form has to be filled out?
Vice Chairman Gort: Yes. Yes.
Commissioner Regalado: Mr. Chairman, I have a pocket item, whic.h is an
appointment.
Vice Chairman Gort: Right. We'll get to --
Commissioner Regalado: Can we do it now?
Vice Chairman Gort: To which board is it?
11 Commissioner Regalado: To the Bayfront Trust.
180 January 13, 2000
•
•
Vice Chairman Gort: We'll get there. We're not there yet.
Commissioner Regalado: There are no more appointments.
Vice Chairman Gort: Yes, there is.
Commissioner Regalado: No, there isn't.
Vice Chairman Gort: Okay. Then they offer appearance. ._Discussion item.
Okay. Your appointment?
Commissioner Regalado: I'm moving to appointment Steve Kneapler to the Bay
front Park Management Trust.
Vice Chairman Gort: There is a motion. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Okay. All in favor state by saying aye.
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 00-54
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
BAYFRONT PARK MANAGEMENT TRUST 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 Teele, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Vice Chairman Gort: Thank you. NET office presentation, we had that.
181 January 13, 2000
Vice Chairman Gort: Fifty-three. Discussion.
Commissioner Teele: Who was your previous appointment?
Commissioner Regalado: Fred Joseph.
Vice Chairman Gort: Fifty-three. Discussion item. In compliance with the requirement of
Ordinance number 11727, enacted November 1998, the City Commission will review the monthly
financial report. Which month is this?
Mr. Luie Brennan (Acting Director, Budget Department): This is for the -- this present fiscal year.
Mr. Donald Warshaw (City Manager): It's been deferred a few times. So, it's more, at this point, of a
generic update on where we are financially a few months into the year.
Vice Chairman Gort: OK.
Mr. Brennan: Well, for the past few months, we continue to monitor the budget and...
Vice Chairman Gort: Put your mike up.
Mr. Brennan: For the past three months, we are monitoring the budget and no department is in
violation of the anti -deficiency ordinance. But seeing that you have cut Media Relations budget by
thirty-one thousand five, we...
Commissioner Teele: I'm having a difficult time. Can you just speak into the mike and speak
slowly. We cut whose budget?
Mr. Brennan: No. I'm saying that, in monitoring the budget for this fiscal year...
Commissioner Teele: Is there a hand -- where's the back-up that you're...
Mr. Warshaw: This has been...
Mr. Brennan: Discussion Item 53.
Mr. Warshaw: A verbal report. If you'd like something in writing, we can give it to you. But,
basically, this has been an update by the Finance Director.
Vice Chairman Gort: We get it every month. Let's...
Mr. Warshaw: Get something in writing.
Commissioner Teele: We get the same thing the Oversight Board gets?
182 January 13, 2000
Mr. Warshaw: Yes.
Commissioner Teele: And it's not available? Decembers is not available?
Mr. Warshaw: You've got it already. It's just not part of the back-up. You've got, I think, October
and November.
Mr. Brennan: No, that's not inaudible
Vice Chairman Gort: No, not December.
Commissioner Teele: Is that right? We got November -- we got December's already?
Mr. Warshaw: No, you don't have December.
Mr. Brennan: October, November, December, they're not available yet. It has not been given to...
Commissioner Teele: What's the last month that we received?
Vice Chairman Gort: October.
Mr. Brennan: No, not October. I think the last month you received was, I think -- reports would be
July.
Commissioner Winton: July?
Vice Chairman Gort: The monthly report?
Mr. Brennan: Monthly reports, you received July.
Vice Chairman Gort: That was the last one we had received?
Mr. Brennan: That was the last one you have received.
Commissioner Winton: Well, how does that work?
Mr. Brennan: Because we have been having discussions with the Oversight Board and they have
given us permission, because of other priority items, not to present them right away.
Commissioner Teele: Yeah. But the point I'm trying to make is that I'm hearing, on one hand, the
Manager saying, "We've already got it." I haven't seen it. I really look at the financial stuff that
comes in because I've got a series of questions.
Mr. Warshaw: We send you financial information. What I'm saying is, it's not in the back-up of this
particular item in which, historically, it has been Julie Wheatherholtz, the Finance Director, telling
you that our financial situation is, and then she qualifies where we are and gives you, in very general
terms -- I mean, that's been what this report this. If you want something in more depth, in terms of a
presentation...
183 January 13, 2000
Commissioner Teele: I don't want to create some paper. But I thought -- it was my understanding
that we were given the Oversight Board a month -- have we gotten all of the financial reports that
have gone to the Oversight Board since October 1?
Ms. Henry: Yes, you have. You have all of the reports that -- the last report that the Oversight
Board has is the Five -Year Plan that has the forecast out through 2004. The monthly...
Vice Chairman Gort: My understanding is there has not been a monthly report since July.
Ms. Henry: The monthly -- the format of the monthly financial reports are under revision because of
the complete reconciliation under the special revenue funds and the capital funds, and they're being
totally reorganized. And the reports and formats have to be adjusted, so that it now reflects all of the
information that's being provided.
Commissioner Winton: But if we don't do monthly financial reports -- and now we're five months
behind -- how do we know where we are?
Ms. Henry: Because the actual preparation of the report hasn't been done but the monitoring, on
ongoing basis, that comes from the system is.
Vice Chairman Gort: Well, we should get copies -- do you present that monitor to the...
Ms. Henry: At this point, they don't have those but we can provide those reports. Those reports are
produced monthly, five days after the close...
Vice Chairman Gort: We should get those.
Ms. Henry: Yes. It's five days after the close of the system.
Commissioner Winton: Yes, absolutely.
Vice Chairman Gort: We would like to get those, OK?
Ms. Henry: OK.
Vice Chairman Gort: Are we in agreement, then?
Ms. Henry: The --I...
Commissioner Teele: Yeah, but I've got some questions on the report. I mean...
Vice Chairman Gort: OK.
Mr. Warshaw: And we'd like to give you a quick update of the Financial Advisor.
Ms. Henry: OK. There were two additional updates we wanted to provide you with. I know that
this Commission has been very interested in the follow through with the selection of a financial
advisor. The committee -- an Evaluation Committee is currently in the process of reviewing five
proposals that were submitted. The Evaluation Committee has met twice. They will have oral
presentations at the end of the month and shortly thereafter, they will be making a recommendation
to the Finance Committee, which is the committee that you've appointed that will also review the
184 January 13, 2000
criteria and the recommendations of that committee. And, then, that committee would make a
recommendation to the Manager that would, ultimately, make its way to you. So, that process is
moving. The other update that I wanted to provide...
Commissioner Teele: Before you leave that.
Ms. Henry: Yes.
Commissioner Teele: Mr. Manager, on the Financial Advisor. Who is the evaluation panel? Does
the evaluation panel of the Financial Advisor selection include non-governmental persons...
Ms. Henry: Yes.
Commissioner Teele: ...such as members of the Finance Committee? It's my understanding that it
does, but I want to confirm that.
Ms. Henry: Yes, it does. There are two internal staff employees, and that's myself and Julie
Weatherholtz. And, then, there are three people from the outside. One of which is a member of the
Finance Committee.
Commissioner Teele: Well, I was just want to make the point to the Manager, is that I'm reading
now about some of the things that the County is proposing to do, which is have private sector. And I
think one of the things that we're doing right is that we have been involving the private sector in the
selection panels and I think that's very important. And I want to commend you on that. We do need
a financial advisor.
Ms. Henry: Yes.
Commissioner Teele: And the Five -Year Plan says we're going to select one a year -- two years ago,
and we still haven't done it. So, I...
Mr. Warshaw: We're getting there.
Ms. Henry: And the second update, as you know, it was our goal to have the financial audit
completed by the external auditor by the end of December. They are prepared to complete their
work today, if -- I think there were two external audit reports that they needed, the Olympia and the
Gusman Center. Assuming those came today and the commitment from the outside agencies, that
we would have them today. They will walk away and start their partner review, and we should have
a full-fledged report to you in a matter of weeks. That's the fastest we've ever done it.
Mr. Warshaw: Fastest we've ever -- probably history.
Vice Chairman Gorr: OK. Any other questions?
Commissioner Teele: Mr. Chairman, I would like to ask the Manager questions along two lines, and
I really do think that the finances have come a long way and the budget process has come a long
way. But I'm really concerned now. What, in budgetary lingua, is a discount for budgeted items not
spent in the context of a budget? I mean, I've reviewed budgets from OMB; I've reviewed OMB
pass backs; I've dealt with congressional budget meetings, joint meetings. I've never seen -- could
you enlighten me, Ms. Henry? What is this -- in the discussion of a budget that has been approved
and a discount for budgeted amounts not spent -- and this comes from another report, but I just want
185 January 13, 2000
to understand. Have we adopted a new concept of budgeting and, if so, could you just enlighten me
as to what we're doing now?
Ms. Henry: No. I think that the -- what they -- the analyst that wrote that report was, basically,
referring to is that, when we developed the revenue estimates and -- in this case, the revenue
estimates for the budget is done, probably, three/four months before the end of a fiscal year. So,
typically, what happens is, some of those revenue estimates are overstated and, in this case, the
analyst looked at what actually came in for FY `99 compared to what was projected on the revenue
side and brought the numbers down to reflect, basically, what the 1999 numbers would be. On the
expend...
Commissioner Teele: Ms. Henry, we're talking now about FY 2000.
Ms. Henry: Right. What I'm saying is, because you start your revenue -- you develop the revenue
estimates for FY 2000 several months before you know exactly what you're going to bring in in FY
`99. Some of them could be overstated. In that case...
Commissioner Teele: Could be overstated?
Ms. Henry: Yes.
Commissioner Winton: The budget numbers.
Commissioner Teele: So, the budget.
Mr. Warshaw: Revenue projections.
Ms. Henry: Right.
Commissioner Teele: So, are we to assume now that, not just the Fire Department but all of the
budgets contained -- this is about a two point seven overstatement. Because I sat through a
three-hour process with Commissioner Sanchez and I was painfully agonized that no one could come
up with any numbers. Now, all of a sudden, there's a number here in the Fire Budget that says one
point five million dollars ($1,500,000) is not needed in the budget.
Ms. Henry: OK. That's on the expenditure side.
Commissioner Teele: I'm talking now about the FY 2000.
Ms. Henry: OK. For the FY 2000, in the context of that report, Commissioner, typically, none of the
departments spend one hundred percent of their budget. So, there is a budget. And because of
attrition, because of -- it's just -- it's, literally, impossible with the anti -deficiency ordinance being --
things down. It's just very difficult to spend a hundred percent of your budget. So, in the context of
that analysis, a certain percentage was assumed of that budget would not be spent.
Commissioner Teele: See, now, she's good. She, basically, throws a hell of a roadblock in the way
because she said, Well, you did the anti -deficiency so, here it is." That's very interesting. We'll get
into that. But, Ms. Henry, this, as you know -- and you know budget process. In a budget, when you
start taking one point five million out of a expenditure side of a budget, after its been appropriated, if
we tried to do it, I mean, it has to be spent or you have to come back and justify it because it means
that you've justified this is what you need. We clearly didn't intend to give them one point five
186 January 13, 2000
million dollars ($1,500,000) more than that need. 'I mean, that's —there are lawsuits about that. It's
called "Impoundment." You cannot impound dollars. The Mayor won't be able to impound dollars.
The Manager can't impound dollars. If that's what the budget number is that you need, then, you
have to spend it and if you're not going to spend it, then you have to come back and ask for a
reduction. But you don't get the whole, huge millions of dollars in budgets as a cushion and --
because that is, in effect, a definition of an impoundment. And impoundments are unconstitutional.
Mr. Warshaw: And we do that in the form of appropriation ordinances mid -year and I think we're
doing more now than we've done in the past, rather than wait until the end of the year. So, those
adjustments will be made.
Commissioner Teele: I'll get into that. The other issue that's very important. And I think we need to
think this thing through clearly and loudly, because I heard some things this morning on the -- in the
parking fee. The parking fee is a major source of revenue, and it is extremely controversial. I mean,
it hasn't really began to bubble back but everybody that I know that's in the parking industry -- I've
had calls from Tallahassee, Washington, would like to see us repeal the Parking Fee Ordinance or
restructure it. I've heard four or five things and I want you to know that my mind is closed to it, at
least for two years. I have every reason to believe that both the County and lobbyists in this state are
being engaged right now to work to repeal the legislation that created this revenue stream for us.
Remember, the legislature granted us the permission. We don't have that authority, inherently, in
that. And I just want to send a word of caution, that everybody that I've talked to in the parking
industry is opposed to this fee, OK? And, secondly, there have been major lobbyists and trade
associations contacted seeking the repeal of this fee. Thirdly, the County is on record and it's saying
-- and, in fact, the County has been talking about price controls; they've been talking about as it
relates to parking, and a whole series of things. And I think it needs to be very clear and on the
record that the County has not paid us their money.
Ms. Henry: They have not.
Commissioner Teele: And I think -- you know, this is very, very important because if this parking
fee is out, we have a major budget -- a major budget hole.
Mr. Warshaw: No question. This is an integral part of the out -year plan, without a doubt.
Commissioner Teele: So, the second thing in this context is, we need to clearly maximize our
parking revenues and one of the things that I really would like to see is a list -- no, I don't want to see
that. What I think is important is that the NET (Neighborhood Enhancement Team) Offices, Mr.
Manager, and the Internal Management Office, and the Finance Office create a working group right
now and begin a process of trying to validate and verify the parking revenues. Because, already,
what is happening is, there are a number of people that are not paying us because that word is getting
out now. And I was in a discussion very recently, in the context of a hospital, where the hospital --
Jackson Hospital, apparently, is not paying us.
Ms. Henry: Some of their facilities, they are paying.
Commissioner Teele: Well, one facility isn't and they were urging people around them, where their
people were parking, not to start paying. Because once they pay, they're in the system. So, I think
it's very important that we get proactive and that we really get out there. The third and final point is
this. I don't want to see the City involved in setting rates but where we have facilities, our policy
should be that we're going to be, at least the median, in the median of parking rates. We don't need to
be the most expensive and we don't need to be the lowest, but we certainly don't need to work against
187 January 13, 2000
ourselves in the parking policy. But my appeal to you, Ms. Henry, and to the Manager, specifically,
is that we get on guard, particularly,. in Tallahassee, as it relates to efforts to repeal this. Because I
think there's going to bean avalanche of activity to, basically, take another look at this. And I see no
way to make the budget work if we take this number out.
Mr. Warshaw: And just for the record, so you know. I think we've been providing it. If we haven't,
we will. In each successive month, the revenue stream has been increasing from the surcharge.
Vice Chairman Gort: Thank you.
Commissioner Winton: Commissioner...
Vice Chairman Gort: Yes.
Commissioner Winton: ...Teele, you made a point that's very bothersome to me and, that is, that if
there are facilities out there who are sneaking out of the process, you know, that flat isn't acceptable.
So, I don't know what kind of enforcement we've got but we need to double, triple, quadruple
enforcement because this absolutely wrong. Everybody needs to pay and shoulder this burden
equally.
Ms. Henry: We've have been -- we've been in contact, specifically, with the County. The County's
position, at this point, is that they are -- in some of their facilities, they are collecting it but they're
putting the money in escrow. They had, initially, provided us an analysis of what they had in escrow
because we requested that. After providing the information, they called back to say that they needed
to retrieve it; that it was not correct. So, we're waiting on an updated spreadsheet, as public
information. But they said they are assessing it. They are collecting it. But they are putting it in
escrow until the lawsuit has been resolved.
Commissioner Winton: Well, what Commissioner Teele said is something very different than that.
So, it sounds like he knows of an example where a parking structure that's either owned or managed
by the Jackson complex, one of multiple -- because we all know they have a lot of different parking
structures but, at least, one of them isn't doing anything. And, so, we need to do an inventory of
maybe public sector garages out there and figure out which ones are going into an escrow fund and
which ones are not.
Ms. Henry: Yes. And one of the reasons we've asked them to update the information, because they
gave us gross members and they didn't give us the information by facilities and in some of them it's
very difficult to determine by which facility.
Commissioner Teele: Do we currently require an occupational permit...
Ms. Henry: Yes.
Commissioner Teele: ...for our parking?
Ms. Henry: Yes, we do.
Vice Chairman Gort: For any business.
Commissioner Teele: I mean, but is there a separate -- is it coded by parking?
188 January 13, 2000
Ms. Henry: Yes.
Commissioner Teele: So, everybody that's got a permit we know from a computer?
Ms. Henry: Yes.
Vice Chairman Gort: It's the illegal ones, the ones we've got to go look for and make sure we got it.
OK?
Ms. Henry: And that...
Mr. Warshaw: The biggest problem we have is the County. I mean, the small number of illegal lots
and others who are trying to skirt us, we're gradually getting them online, but the big revenue stream
that's still outstanding is the County. And, of course, there's an outstanding lawsuit and I think Maria
has some...
Commissioner Teele: Where is that management scheme of managing and getting our money in
advance?
Vice Chairman Gort: Next meeting.
Commissioner Teele: That's coming up at the next meeting?
Vice Chairman Gort: It's coming up for -- yes, ma'am.
Ms. Maria Chiaro (Assistant City Attorney): Insofar as the lawsuit related to the parking surcharge
filed by the County against the City, who was the City Attorney's intention to request at the end of
this meeting that we have an Executive Session, that we had previously requested related to that
lawsuit. The County has agreed to mediation and that mediation is set. Prior to the mediation, we
would request that we have an Executive Session. So, if you all would set that now, that will forego
the need for the City Attorney to request it at the end of the meeting.
Vice Chairman Gort: When do you need to do it? Do you need to do it...
Commissioner Teele: Why don't we have it...
Ms. Chiaro: At your next regular meeting.
Vice Chairman Gort: OK. Why don't we have it 9 o'clock?
Commissioner Teele: Why don't we set the Executive Session for 10 o'clock. We have
Commissioner Regalado's work...
Vice Chairman Gort: Oh, that's right. What time you can get in, Regalado?
Commissioner Regalado: What date are we talking?
Commissioner Teele: Twenty-seventh of January.
Vice Chairman Gort: The 27th.
189 January 13, 2000
Commissioner Regalado: I can be here at 9 o'clock. I may be a little -- five minutes late.
Vice Chairman Gort: OK. All right. Let's have the special session at 9:15.
Ms. Chiaro: Thank you.
Commissioner Teele: Is that a motion or how do we do this?
Vice Chairman Gort: We need a motion.
Commissioner Teele: I would so move.
Commissioner Sanchez: Second.
Vice Chairman Gort: Second. All in favor state by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved
its adoption:
RESOLUTION NO. 00-55
A RESOLUTION OF THE MIAMI CITY COMMISSION, CALLING
AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC,
FOR JANUARY 27, 2000, AT 9:15 A.M., FOR PURPOSES OF
DISCUSSING PENDING LITIGATION RELATED THE CITY OF
MIAMI'S IMPOSITION OF A PARKING SURCHARGE TO WHICH
THE CITY IS A PARTY (MIAMI-DADE COUNTY, ET AL. VS. CITY
OF MIAMI AND PATRICK MCGRATH, III VS. CITY OF MIAMI).
(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.
Commission Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
Commissioner Teele: Mr. Chairman, finally, on this whole issue. Ms. Henry, finally, on this whole
issue. I really would like to see some projections of where we are and where we're going on the fees,
the parking fees. Because I -- there are two issues that I want to reiterate. Number one -- and I've
190 January 13, 2000
got a transcript. I say this for the benefit of the chairman of the DDA (Downtown Development
Authority) and for Commissioner Winton, who left. I believe we're making a mistake by not
moving, forthright, to withdraw a percentage of the parking fee dollars and commit it to the
downtown Miami area for some of the activities that we hear so much from the DDA, whether it be
Gusman, whether it be infrastructure improvements. But, see, this is where I get really upset,
Johnny. It's not right for the DD -- for the Downtown to take CD (Community Development)
money, in my judgment. I mean, here is the time -- you know, giving five hundred thousand dollars
($500,000) of CD money for, you know, mega millionaires just doesn't strike me as the way to do it.
What we need to do right now is look at this, before that money gets committed to everything. It's no
question; there is a nexus between the dollars that we're collecting and the downtown area -- not to
the discrediting of Coconut Grove or any other area. And I think we should commit a revenue
stream, right now or in the very near future, to the downtown DDA activities, including planning,
including things like the Bicentennial Park Study, the planning study, a master plan, some of the
things that you all have been talking about, on and on and on. It's up to us. If we don't recommend
it, I can assure you it's not going to come to us. We have to make that recommendation and I'm not
comfortable cutting across the downtown or the DDA, but I continue to say that, as these dollars
come in, we need to take some money off the top and reinvest it in capital activities. And I would
only say that, I would hope that, in the next meeting or two, the DDA or the Commissioner that
represents downtown would consider that, respectfully.
Vice Chairman Gort: Commissioner Teele, that's something that we addressed from the beginning,
the problem that you had. In the past, the need for capital improvement downtown is great. The
problem that you have, the monies were not there and the commitment that was made to downtown
was through the CDBG (Community Development Block Grant) funds. But I agree with you a
hundred percent and I think that downtown gives enough taxes and pays enough revenues to receive
it back. Now, my understanding -- let me ask you a question. We're going to do the side street with
the -- what do you call that fee?
Mr. Warshaw: hnpact fee.
Vice Chairman Gort: The Impact fee.
Ms. Henry: The impact fees.
Vice Chairman Gort: Because part of the money that we're using right now is the impact fee, which
is the rightful way to use the impact fee.
Mr. Warshaw: That's correct.
Vice Chairman Gort: Now, my understanding, that's going to be taking place soon.
Mr. Warshaw: That's correct.
Vice Chairman Gort: Because those sidewalks on 2nd Avenue, they're really in bad shape. And,
you know, this is the living room for the City of Miami and not only for the City, for Miami -Dade.
Thank you.
Commissioner Teele: But my only point is this. We've had the discussion on Gusman; we've had
several other infrastructure discussions that have come through the CD process, which I, quite
frankly, hold my nose and vote yes for that stuff. I think it would be very good if the DDA, if
Commissioner Winton, representing the district and the DDA would come forward to the
191 January 13, 2000
0
Commission, ask for a revenue stream and agree that you won't get any CD monies in the future in
exchange for this, and let's go ahead and make that kind of commitment for a long-term. And if we
bond it or do whatever we can do, fine. But we need to put money back into our downtown area and
I support that.
Ms. Henry: Commissioners, we are anxious to provide you with that projection of the revenue. One
of the reasons we've really been pushing the County to give us that information, so that we can have
a true picture of that. We have a projection that we can provide you, that excludes the County, and
I'd be happy to provide you with that. What I don't have is the County right now.
Vice Chairman Gort: Give us both. Give us the one that's excluding the County and the one with the
County, with your...
Ms. Henry: OK. As soon as -- I can give you the one without the County right away. The one with
the County, as soon as we get it.
Vice Chairman Gort: And projections. Dealing with the projections, OK?
Ms. Henry: That's fine. OK.
Commissioner Sanchez: Mr. Vice Chair?
Vice Chairman Gort: Do you want to address on this item?
Mr. Calvin Clarence Reed: Yes, I do. Basically, my name is Calvin Clarence Reed and it stands for
C.C. Reed, R -E -E -D. And I live at 1601 Northwest 1st Court, Number 201, Miami, Florida 33136.
And my telephone number is 305-241-7614. Basically, I'm here for Item Number 52 because of the
fact...
Vice Chairman Gort: Excuse me, sir. Item 52 was already discussed and...
Mr. Reed: But the thing is, sir, is that it's a very serious concern in the community of Overtown
because the NET Office...
Vice Chairman Gort: Excuse me.
Mr. Reed: ...that's located, with Miranda Albury, who is not responding to our phone calls and we
got community activities on hold because of the fact they're not being presented to this board. Now,
the thing is that on, only thing we're asking, there are some trees that fell when Hurricane Irene came
in our area and they have been lying there and they have decayed.
Vice Chairman Gort: Excuse me, sir. Item 52 was taken already. We voted on it. And the specific
complaint on your NET -- the person in charge of your NET is over here. Could you please talk to
him and he can address that complaint?
Mr. Reed: Well, Chairman, we have several times made phone calls for appointments to sit down
and talk, discuss these issues. But the address is 224 Northwest 12th Street and we would like the
tree to be removed as soon as possible. Thank you.
Vice Chairman Gort: Thank you. Come and talk to the gentleman over here, please. Over here.
Sir? Hello? Thank you.
192 January 13, 2000
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: Mr. Vice chair?
Vice Chairman Gott: Yes.
Commissioner Sanchez: Sir, if you would allow me and also this Commission
to take a pocket item out of order. The reason is Sallye Jude has been here, and
she is not feeling well and she wanted to just say a few words. If you would
kindly allow me the opportunity to speak on behalf of...
Vice Chairman Gort: Go right ahead, sir.
Commissioner Sanchez: -- on an issue that that's of great concern to my
district and it's recently, to my surprise, I noticed that an adult entertainment
establishment rose up in my district. My office has been bombarded with calls
and I have contacted the City Manager, I've contacted John Lindsey and I
realize that you have a similar issue to mine pertaining to zoning.
Vice Chairman Gort: Yes, we do.
Commissioner Sanchez: This has created an upset in the neighborhood, in my
community, in our community as a whole, therefore I ask that the
administration, the City Attorney review the zoning laws applicable to such use
and determine whether the City regulations are in restrictive and legally
permissible and act accordingly. Now, this establishment -- not only is it a
block away from a park, a baseball field, it is also a block away from a
childcare center. Not alone, several blocks away from the MRC (Miami
Riverside Center), from your window, which you have a clear view. Now, this
is downgrading to our neighborhood but I think that we need to assure that we
rewrite or review and study the necessary -- the zoning ordinance to assure that
this does not happen again. I'm sure Sallye wanted to stay a few words.
Ms. Sallye Jude: I've told the people in City Hall there where discounts there
for them.
Vice Chairman Gort: Name and address, please, ma'am.
Miss. Jude: Therefore them so, may be they are glad. Sallye Jude, 200
Edgewater Drive. There are single-family homes within the same block that
this facility has been placed. Our zoning does need to be addressed so that this
type of situation cannot happen in neighborhoods in the future. The neighbors
yesterday were on the street picketing and we have a number of people putting
together resolutions to send to you. But I think that it's something that I would
193 January 13, 2000
request that your Zoning Board address and maybe nuisance abatement will be
the way that we have to get rid of this particular facility, but neighbors have
come to me and businesses with the thought that our neighborhood is really
going downhill. And we don't want to think that about our neighborhood.
Thank you.
Vice Chairman Gort: Thank you, ma'am. Besides that, I would also like to
incorporate to that, we -- the problem of this communication towers that are
going up in all our neighborhoods -- and it's only in certain neighborhoods it's
going up, and I would like to -- and I understand they are under the R C - 2
Ordinance, they are allowed to go into -- I mean of the C -2 but what I would
like to do is have an amendment that if it's C-2 next to a residential area, they
should have a public hearing. I'd like to see that taking place.
Commissioner Sanchez': As much -- and if I just may elaborate. As much
public input as possible to assure that these things don't reoccur.
Commissioner Winton: I think for those kinds of towers we need to have public
hearing period.
Vice Chairman Gort: No, not unfortunate. In our present ordinance, my
understand is, the if think are within the C2, they'll pull the permit and that's it.
They can get it done within 3 or four days.
Ms. Ana Gelabert (Director, Planning & Zoning): On both issues, the Planning
and Zoning Department are looking into it. The first time adult entertainment,
presently it allows it on C-2 and industrial and right now the Planning and
Zoning Department is working on amending that and just snaking it stricter.
And on the other one, on the telecommunications, we are also discussing how is
it that we can work it out in order to make it a public hearing that there might
be input from the residents. So, on both we're working on it.
Vice Chairman Gort: Also, we sent a memo to the Manager requesting that a
study be confirmed about the radiation because we have all kind of stud
December, my understanding is, and the radiation give given out by this towers.
We would like to know the effect of it. Because if there is something wrong
with it, I mean we need to do something. Because they going all over
Allapattah and Liberty City and all over odd cities.
Commissioner Regalado: Yes, but towers don't go after people and we need to
address the halfway houses that are being set in Shenandoah and west Little
Havana. I'm told that there's nothing we can do about it. And let me tell you,
there are drug addicts, bothering people, attacking people, stalking people in
that area and they say that there is nothing we can do, short of send the Code
Enforcement to see if they have some kind of code violation, and what this is
doing -- all the neighbors around the block are selling their houses because they
do not want to live in that place. And Mr. City Attorney, what* if anything we
can do about -- you sent me the information but still, they are there. I mean,
the inspectors cannot go in because they wouldn't open the door.
Mr. Alejandro Vilarello (City Attorney): Commissioner, the particular site that
194 January 13, 2000
you're talking about is a site that has more than 14 residents and we have a
higher level of regulation that we're permitted to be involved in in those kind
of situations. Now, I believe with the department, with the administration, and
some direction that we provided them, we can go in and we can conduct
additional inspections and if they are not complying with all the appropriate
regulations, we can shut them down.
Commissioner Regalado: I mean --
Mr. Vilarello: The difficulty that we have is we can't make assumptions on the
conduct of these individuals. You have to confirm that. .
Commissioner Winton: Well, then, it seems to me that what we've got to do is
reevaluate our whole Zoning program so that we can control within our City
things like -- and I'm not suggesting we're shutting things down but we have to
have things like adult entertainment facilities appropriately placed. These big
giant antennas that really destroy property values also, appropriately placed and
designed and drug rehab and alcohol rehab centers that we've allow today go
right into the middle of residential neighborhoods all over this City is very, very
bad an we all know it. So, whatever we've got to do from a planning and
zoning standpoint, let's get- y'all need to get the stuff in front of us so we can
make it whatever changes we can make to prevent this stuff in the future and to
grandfather some of the stuff in so it can't come back if it closes its doors for a
minute, it doesn't get back in the door.
Vice Chairman Gort: Not only that, but this Commission made a decision over
three years ago that we no longer -- and we had a study done -- for the amount
of halfway houses and facilities that exist within the City of Miami, we told
them we not want any of it anymore. So, please, will you look at that and --
Commissioner Winton: So, when could we get this back?
Mr. Donald Warshaw (City Manager): You're talking about a study of the
whole Zoning Code, zoning ordinances?
Vice Chairman Gort: No.
Commissioner Winton: Y'all are going to have to help me understand what I'm
asking for. You know what our problem is.
Vice Chairman Gort: Immediately, we need to -- immediately, we need to look
at the -- change some ordinance in the C-2 for the use of towers and for adult.
That we need right away. And the other halfway house we need to start
working on those too.
Mr. Warshaw: We'll get to that right away.
Vice Chairman Gort: Okay.
Mr. Warshaw: But in terms of the whole comprehensive study --
195 January 13, 2000
•
Commissioner Winton: Well, we're really only -- I deem three major kinds of
uses here that are terribly problematic that we need to address. I'm not talking
about redoing our entire Planning and Zoning systems for all uses but for those
three categories and the one little broader category, drug rehab, and alcohol
rehab and halfway house and all that jazz, in whatever category you want to
include that in. But those three issues need some serious attention and rapid
attention.
Vice Chairman Gort: Okay. We have a motion.
Mr. Vilarello: Mr. Chairman?
Vice Chairman Gort: Is there a motion?
Commissioner Teele: By Commissioner Sanchez.
Vice Chairman Gort: Second.
Commissioner Teele: Second.
Vice Chairman Gort: All in favor state by saying aye.
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 00-56
A MOTION DIRECTING THE CITY MANAGER TO
REVIEW AND EVALUATE OUR ZONING LAWS AS IT
PERTAINS TO CURRENT PROBLEMS ASSOCIATED WITH
ADULT ENTERTAINMENT, TELECOMMUNICATION
ANTENNA TOWER INSTALLATIONS AND DRUG
REHABILITATION FACILITIES ABUTTING RESIDENTIAL
NEIGHBORHOODS; FURTHER DIRECTING THE
MANAGER TO COME BACK WITH RECOMMENDATIONS
TO ADDRESS SAID PROBLEMS.
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
196 January 13, 2000
Commissioner Teele: Mr. Chairman, on the --
Vice Chairman Gort: Thank you. Yes.
Commissioner Teele: -- debate. While the Planning Director is here, Mr.
Chairman, I'm not sure that I fully concur with the notion that we need to look
at. What I would like to suggest, we need an ordinance that places severe
limitations on these antennas in residential areas. Whatever the ordinance is
now, we need to change it. And we need to have, at a minimum, a public
hearing for those things in residential areas. Now, obviously, the Planning
Director and the Zoning can sort of help guide us. But I don't have a problem
with this in say in an industrial area, an industrial park. I mean, I don't know
where -- I you know, I'm not sure about all the technical uses of property but
something about these residential areas or these abutting residential areas.
What is your triplex/duplex? What is that?
Ms. Gelabert: That's R3...
Commissioner Teele: So it would be prohibited there right now, right? I mean
Ms. Gelabert: No. Right now I understand that you can have it.
Commissioner Teele: Where?
Mr. Javier Carbonel: Most places say round the City you are allowed to have
them within the City, including R3.
Vice Chairman Gort: Name and position.
Mr. Javier Carbonel: My name is Javier Carbone]. I'm from Planning and
Zoning.
Commissioner Teele: And you can have it now in where?
Mr. Carbonel: There are different sections, including R4, that you can have as
far as part of the building, which are like the whip antennas on the side, which
inaudible are the same thing as the towers.
Commissioner Teele: This is what I would like to support Commissioner Gort
in. I think there needs to be a public hearing. I don't think anybody should be
ambushed on these things. In a commercial in a downtown area, in an industrial
area, I don't have a concern about them but in a residential, especially these
low intensity areas, we really need to ensure that there is more of a public
process. Having said that, Mr. Chairman, Mr. Manager, Commissioner Winton
said we need to review the Zoning Code. I really think that we do need to
review the way we handle zoning or more directly I think planning functions in
the City. Too much goes to these boards, I think, and the Planning Director and
the Zoning Director are providing advice. I really think that one of the things
we need to look at is tight ending up a little bit and letting the Planning
Director make the decision and letting there be an appeal of that decision to the
Zoning Board, if you don't like that decision. But right now, I mean, you know
197 January 13, 2000
what we've got is, we've got a process that is designed to keep feeding things
through -- and I like to see the professional staff 'empowered more to make
decisions and appeals from those decisions that the public doesn't like. So, I'm
supporting what Commissioner Winton is saying but in a different perspective
that I really would like to see more empowerment of the staff in the planning
and zoning areas, particularly, with an appeal from those decisions to this
Zoning Board or some of these other places. But right now we've got things
that are just routine that have to go before the Zoning Board and that just sort
of frustrates everything, I think. I don't know if you consider it, Mr. Manager,
if you have considered.
Mr. Warshaw: I'm discussing it with the attorney right now, and we'll take a
look at it.
Commissioner Sanchez: The -- if I just may elaborate, Mr. Vice chair. Is that
the ordinance -- the zoning ordinance are very, very old. When was the last
time that they were either reviewed or changed?
Vice Chairman Gort: Six, seven years ago. Ninety-five hundred.
Mr. Carbonel: For -- which, for inaudible towers? About five, six years ago.
Five years ago.
Commissioner Sanchez: For the yard?
Mr. Carbonel: For the seller towers, you mean.
Commissioner Sanchez: No, not the center tower. The situation that I'm in.
Ms. Gelabert: 9500.
Vice Chairman Gort: The nine thousand five hundred, I think, was
implemented.
Ms. Gelabert: It was in 1991 the -- it 9,500. Now, its 11,000 what we have
right now, the Zoning Ordinance. So it was March 3, specific date.
Commissioner Teele: Did they have a public hearing?
Vice Chairman Gort: Yes.
Commissioner Teele: Before they did the adult thing?
Commissioner Sanchez: Know, they did not. See, that's where it comes in.
They did not have -- did they have a public hearing for the adult entertainment?
Ms. Gelabert: I'm sure they did.
Mr. Carbonel: Yes. Well, it's all part of the same ordinance that came into
effect. So, yes, an ordinance was --
198 January 13, 2000
0
Commissioner Sanchez: And you posted signs, like you usually do and no one
showed up?
Vice Chairman Gort:
Mr. Vilarello: Commissioner
Vice Chairman Gort: No, no.
Mr. Vilarello: He's answering a different question, Commissioner. The adult
business that you're referring to didn't require a public hearing for prior to
Vice Chairman Gort: It's part of the 9,500.
Commissioner Sanchez: Maybe those things require a public hearing.
Commissioner Teele: That's what he's saying.
Vice Chairman Gort: Well, that's what we're saying right now. We need to
change and amend the ordinance, so we can require public hearing. That's what
we're trying to do right now.
Commissioner Teele: Where is this thing? Let me go see it and see it what's in
there.
Vice Chairman Gort: Okay. Thank you. We passed it.
Commissioner Teele: Mr. Chairman, on the Code Enforcement Board, with
your permission, I would like to appoint Mr. Keane, Jim Keane.
Vice Chairman Gort: Okay.
Mr. Walter Foeman (City Clerk): Can I say something, Commissioner? I think
the -- if the City Attorney doesn't have any problems with making the effective
date -- Mr. Keane's term expires, I believe, in two weeks, February 10th, so I
think in the resolution would be -- make the resolution effective --
Commissioner Teele: Immediately.
Mr. F.oeman: -- upon expiration because.
Commissioner Teele: Upon the expiration of his current appointment.
Vice Chairman Gort: Okay. There is a motion by Commissioner Teele. Is there
a second?
Commissioner Winton: Second?
199 January 13, 2000
0
Vice Chairman Gort: All In favor state by saying aye.
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-57
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL AS A REGULAR MEMBER
OF THE CODE ENFORCEMENT 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 motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
Note for the Record: Item 54 was deferred.
Vice Chairman Gort: Discussion, 54. This is CDBG (Community Development
Block Grant). We will have to defer it.
Vice Chairman Gort: 55. Discussion item, Mr. Hart.
Mr. Alejandro Vilarello (City Attorney): The deferral is to February 10th or
17th?
Vice Chairman Gort: February 10th. Solid Waste didn't pay us any attention.
We want a report on Mr. Hart, who was here. My understanding he met with
you all. Do we have a report?
Mr. Clarance Patterson (Director, Solid Waste): One full report. Yes, we met
with Mr. Hart and the Imperial Sanitation representatives on December 30, and
we resolved the matter to Mr. Hart's satisfaction.
200 January 13, 2000
Vice Chairman Gort: Okay.
Mr. Patterson: I can go into the details if you wish?
Vice Chairman Gort: OK thank yo.u, sir. Are there any questions?
Commissioner Teele: Thank you again, Mr. Manager.
Vice Chairman Gort: Thank you.
Commissioner Teele: And Mr. Director.
Mr. Patterson: Thank you.
Vice Chairman Gort: Discussion concerning report on the First Source Hiring
Agreement within the City of Miami and Basketball Properties, Ltd. and Levy
restaurants.
Mr. Donald Warshaw (City Manager): We just sent you something the day
before yesterday.
Vice,Chairman Gort: Right.
Vice Chairman Gort: Do we have any questions on the report? Any comments
by any of the Commissioners?
Vice Chairman Gort: Item 57. Discussion, propose resolution December 4.
Propose the straw ballot question on March 14, special election, transfer City
of Miami Fire and Rescue service to Miami -Dade County.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: As always, we won't have time so probably this will
be deferred but I have here -- I'm sure that I have it. , I have here a report to
members of the Miami- Dade County Fire Board by the chief of fire, fire chief
or Miami -Dade County. These are responses that were addressed to Mr.
Gimenez' questions. I don't know if you all have this, but I received this today
and the problem is that I personally received this report, which I'm sure that it's
very complete and very well done, on January 11th, and today is the 13th. I
still think that it's a lot of need for information. I would suggest that
201 January 13, 2000
Commissioner Teele does a report for the Commission in terms of his options,.
what he see our options. I don't know how long this would take and how long
this would -- how much time we would need. I know that for the straw ballot
issue, we have until the end of this month and other than that, then there is a
possibility of the November -- I mean of the September election. So,
Commissioner --
Commissioner Teele: Mr. Chairman, thank you. I ask that this item -- and I
guess Commissioner Regalado has discussed it. I think it's important that we
just sort of push back a little bit and let's talk about where we are and what
we're doing here. Number one, first and foremost, a straw ballot in the context
that we're discussing, will have no impact and so the important thing is to begin
a discussion and a dialogue. That's the focal point that I am here on because I
really do think that information is the most powerful thing that we have in a
democracy. Unfortunately, we're not able to get information sometimes
because of the way the process works, but I'm also just as confident that that
will change very quickly. A straw ballot is not necessary to begin the debate
and to this extent that we are hit with a report today that came out on the eve of
this. I think it underscores the importance of getting the information out. This
Commission and the Mayor don't need to have a referendum or as the Miami
Herald editorial said today cover to do what is right. Although I will say that I
have sat up here, Commissioner Sanchez, long before you and Commissioner
Winton got here, just -- and I've been on the end of four to one votes on the fire
fee, on everything, only to have the Oversight Board force it down our throat.
And I do think that any elected official likes to know that you're in step with
the sentiment of the public and for that reason, political cover is good
sometimes but I think it begs the question and the question is, can this
Commission get information? Now, I'm taking note of the Herald editorial
today and I agree with one point. One, we don't need a straw vote. And two,
we don't need to have political coverage to do what is right. And I believe that
this Commission, if it has the information, will do what is right. And, so, what
I would like to do is essentially ask that a working group be established -- I
would please to chair that working group -- that would include a member of the
Fire District, that would be staffed by all of the appropriate people, including
principally the External Auditor that would have the ability to look at other
entities around the country and around this community and that we really begin
this process in earnest. But I want to just make two observations. Do you have
on the PowerPoint, the one page economic analysis, which is, contained as page
two of page ten or seven of ten? I can't read it here, the impact of the
economic analysis.
Mr. Gimenez: We have it in a different format and about three pages, yes, sir.
Commissioner Teele: Okay. Let me just point to my colleagues then, one
thing. In the October budget hearings, I witnessed the staff give five different
numbers for the Police Department. It was embarrassing. You were here,
Commissioner Sanchez. On what it cost. This Commission asked that we give
a fully allocated cost by department. And that process went on and a document
was finally released. Now, if you look at the economic impact -- and I'm
certainly not going to get into a debate about numbers, your numbers or your
numbers, the numbers in the budget book or in the budget book, the budget we
202 January 13, 2000
approved the number an number -- numbers and numbers. If you look at the
economic analysis, it starts with the notion that the total economic costs are FY
expenditures estimated, including the estimated true allocation which is seven
million five -- it's approximately sixty million two hundred and forty-six
thousand dollars ($60,246,000) That number is in comparison with the cost that
has been presented, which is sixty-six point eight million dollars
($66,800,000). So we start out right away -- and again, this is why you need to
-- you don't need to have a debate. You just need to agree on what the numbers
are. See, -- and I believe it's not a question really as to whether or not we want
to merge it or we don't. I don't want to merge the Fire Department. That's not
my goal. My goal is to lower the millage rate as low as you can get it for the
taxpayers. If you start out with the 60 million dollars ($1,000,000) differential,
which is a half mill, because one mill equals . twelve million dollars
($12,000,000), eleven point eight. You starting out -- you just took a half a
mill off the table out of the analysis. You then come up with some creative
budget analysis that says; well we don't need one point five million.
Discounted for non -expenses so you're already at one -- you're already at seven
mills, seven and a half mills. I mean seven and a half million dollars
($7,500,000). If you accept all of the other numbers, and just go down to the
bottom line, which the is contained in a one sentence statement by Chief
Rollason that says this, to maintain a comparable level of service, and that's the
premise -- to maintain a comparable level of service, the City may be required
or requested to provide an additional fifteen to twenty-two million dollars, OK?
But what they are saying very clearly is, if you were to merge the two services
-- and I think Mr. Godoy is here from the Fire Board, and you've discussed it
with Chief Rollason. I've discussed it with Dr. David Morris, the County
Budget Director today, as well as the fire people, they cannot require us to give
them fifteen million dollars ($15,000,000) or twenty million dollars
($20,000,000) or any amount of money, under the ordinance, they can only say
if you want to maintain this level of service, that's what you need. So if you
take the bottom-line number here, which we all agree on -- and I'm just
accepting all of their number. It's real simple. The last little block says, the
County proposes -- and it doesn't propose that -- supplement of sixteen to
twenty-one million dollars. So, now you take that money out and it's real
simple. There is not savings. Well, I agree. I agree. If you assume that you're
going to do everything the same way. But if you assume -- if you can give me
that list. I don't have the letter from Rollason. But if you can assume -the
Rollason letter that lists the cities. If you assume that you're going to have a
fire service that's comparable to the other cities in this community, what you're
basically saying is, that fifteen to twenty-one million dollars is not needed.
And the question is, can we deploy a fire service starting with the twenty-one
million dollars ($21,000,000), plus the six million dollars ($6,000,000), six and
a half million dollars ($6,500,000), plus some other budgetary issues, which I
would go into in a different context, automatically you're up to some thirty
some million dollars and thirty-six million dollars ($36,000,000) is equivalent
of about three mills. And that's the only issue. The issue is not competence.
The issue is not commitment, dedication, professionalism. I'm willing to
stipulate that the Fire Department of the City of Miami is the most professional
in America. The only question that I'm saying if we go through these numbers
is simply this, do the citizens of Miami willing to pay a three mill premium for
the City of Miami Fire Department as we have it or are the citizens more
203 January 13, 2000
willing to accept a Fire Department that is comparable to after Aventura, Bal
Harbour, Bay Harbor, El Portal, Florida City, Golden Beach, Homestead, Indian
Creek, Medley, Miami Shores, North Miami Bay, North Miami Beach, Opa
Locka, Pinecrest, South Miami, and Surfside, Sweetwater, west Miami, Virginia
Gardens and the rest of unincorporated Dade County, which is one point
1,000,000 people? And if you read this report, Commissioners, what it
suggestions is that if you don't maintain the fire services exactly like it is,
you're going to have lost of life, you're going to have lost of property, it's
going to disproportionately affect the poor, the elderly, and African-American,
specifically African-Americans in this report. Now, there are three African-
American cities in this town. El Portal, they are in the Fire District with the
same level of service that I'm saying we need to go to. The other one is Opa
Locka; they are in the statement level of service. And the third City is Florida
City, and they are in the level of service. And I don't think it's necessary to
play the race card or the old age card or the gender card in all of this. This is
not about the Fire Department of the City of Miami being anything other than a
competent Fire Department. The only question is how do we reduce taxes and
what I'm suggesting to you, Commissioners, is if we go through these numbers
it's going to come out to be one thing. At the end of the day, it's going to be
two big numbers. The City -- Miami millage rate is going to go from nine point
five mills -- if you were to consider and merge and assuming you can work out
the merger issues with the county, and the layoff issue which was being floated,
the County shot that down. Say, we won't layoff anybody. All of these other
kind of red herring issues, we're basically shot down in the policy. There is
one little sentence in a five -sentence paragraph that says, but if you want to
maintain is the same level of service -- and that's the question -- it's going to
cost you an additional twenty-one million dollars ($21,000,000), and that's
what the bottom line of the number is. So you take the twenty-one million
there, the ten that's not on the table that has already been left off the table
you're literally three mills. And this is the point. By the Fire Department's
own expression in these numbers, the ad -valorem burden is approximately
thirty-eight -- forty million dollars ($40,000,000), which is approximately three
and a half mills. That's the number at the top. Estimated cost of fire service,
paid from ad valorem. That's 39 -- its thirty-nine point five million, which is
forty million dollars ($40,000,000), plus you have seven million dollars
($7,000,000), which has not been put on the table, which we can argue about
and debate about, but it's the City's own numbers, which is coming from ad -
valorem because it's darn sure not coming from fire fees.
Mr. Gimenez: The seven million is included in the thirty-nine million dollars
($39,000,000), sir.
Commissioner Teele: No. I'm talking about the seven million that never got on
to the document. You see, when we went through the -- the document is
entitled Departmental Budgets and Internal Charges and it goes down to the
Fire Department and this is every department in the City, where everybody
numbers -- it includes the fleet, light fleet, heavy fleet, property maintenance,
the MRC allocation, it includes everything. When you get down to that, the
number are off by seven million dollars ($7,000,000) before we even start. So,
I don't want to debate it. I mean, if you can convince the budget director and
the finance director that the numbers are wrong -- but that's the fully allocated
204 January 13, 2000
costs. Not sixty, but sixty-six million. So, when you add that back in, you're
at three and a half mills. When you take out the Fire Department that is
advalorem and shift it over there, assuming it goes all the way to three mills,
the number is this. The millage rate for the City of Miami goes down from nine
point five mills to four point five mills. Four point five mills. And that's a
dramatic change because the three mills for fire service are going to be
switched into a special district and that is the fire service district. Right now
the citizens of Miami get a special district for library services, which the
County does and all of the other special services. But the thing about this
report that is so striking to me are not the economic issues, but it is the
discussion on how necessary it is to protect life and safety. And you know what
I'd like to know, I'd like to know not by name but I'd like to know by statistic,
how many people in the City of Miami Fire Department live in the City and
how many are right now living in the unincorporated area that is served -- that
their houses and their protection is being served by this so - called totally
inferior -- and I think that's going to tell the whole story. I have no idea what
it is but, Mr. Manager, I'm going to request it, at this time, just for a break out
of union verse us non union; residents in the City and residents outside of the
City because I will tell you something. If at least 50 percent of the Fire
Department doesn't live in the City, that is, to read this argument that
everybody life, limb and property is going to be in substantial danger and
particularly the poor, the African- Americans and the elderly are going to be
more at risk, and if 50 percent don't live in the City, who are we really fooling?
Because the real issue is this, fire fighters need protection just like everybody
else. And if it's safe enough for the City of Miami fire fighters, it's safe
enough for the citizens. The issue is going to. come down to being this. No
matter how long we study it. Do we want to move the millage rate down and
perhaps accept an interior -- an I use that word respectfully, Mr. Godoy and I
know you won't accept it, but accept an inferior but a safe level of fire service
or do we want to maintain, for the fourth poorest City in the nation, a fire
service that admittedly is going to require a subsidy of at least twenty-five
million dollars ($25,000,000) just to maintain the service, which I'm saying the
tax payers cannot afford? We've got to stop going out with these golden
Cadillacs and we've got to get down to what we can afford. And if the Fire
Department can reduce it and get it down, I'm all for it. But the fact of the
matter is this, we live in an era today of merges for efficiency and for
productivity and government should not be exempt from that and I simply say
to my colleagues, I accept all of the numbers essentially in the round context
that they are presented. I don't have any big disagreement with the numbers.
The question is going to get down to this. Are we going to continue to pay a
premium of three mills, three mills, which is 30 percent for a fire service that
is over and above what the fire service is being provided by the rest of the
unincorporated area and over two/thirds of the municipality of the City of
Miami -- of Metropolitan Dade County? Two/thirds of the City in Dade County
- over two/thirds have this fire service and ladies and gentlemen, members of
the Commission, this service is not crap. It's real. They go to :Mexico, they go
to Nicaragua, they go to Kansas City, they go wherever there is a disaster and
there are a lot of issues. And I don't mean to minimize any of the issues, Chief
Gimenez necessary, but as it relates to the fire service and the Fire Department,
the most obvious thing is that when you look at the total number of fire
fighters, that the County has in relationship to the population and the total
205 January 13, 2000
number that we have in relationship to the population, that's where the numbers
begin to show up. So, I would only ask that my colleagues would authorize a
process that would include an objective analysis of the numbers, a review of the
numbers, numbers are the numbers and the question is going to come back to us
-- and it's really going to be a question, I think, that the next Mayor of the City
of Miami is going to have to deal with because I can tell you this, this is the
beginning not the end of the discussion. The question is going to be, are we
going to first and foremost look out for the taxpayers or we're going to look out
for the working -- the workers of the City of Miami at the expense of the
taxpayers. And all that I'm saying is this, I don't object to Fire Department. I
think it's a great Fire Department and I'm very proud of it. I just don't think
that the fourth poorest City in the nation can afford to pay a three -mill premium
for the Fire Department and that's sort of where it comes out. So, Mr.
Chairman, I appreciate you allowing me. I certainly would like to hear some
presentation from chief -- from the Fire Chief because they have prepared for
this. And I think, although we don't have time to go into it since it's going to
be deferred or it's going to be sidetracked -- there is going to be ample
opportunity to put numbers up. But the service is superior in my. judgment to
that that's provided by the county. And I know that the county doesn't like to
hear that. I agree with you. The service and the rescue is far superior. But I'm
maintaining that the service provided by the County is fully acceptable for the
citizens -- the vast the majority, over two/third or three/fourths of the citizens
of Dade County have this service and I think it's acceptable, quite frankly, to
the majority of the professional men an women that work in the City of Miami
Fire Department. I believe are living and their families are under the same fire
service that we're saying in this report is so inadequate and inept. So, I thank
you, Mr. Chairman.
Commissioner Sanchez: Mr. Vice chair, I think the question that everybody
wants to ask is the level of service pertaining to savings. One is the level of
service going to be reduced? And that's a concern that everybody has. Now, I
have other concerns that, of course, being that we got the report just today and
I am not prepared today make a decision on this issue, one thing that I would
like to say is, if we do go out with the merger which is a possibility and may be
not happening, or does happen, one is that we will not have control of the level
of service and one concern that I have and will have a concern in the millage,
one of the key arguments being made is yes, we're able to lower our millage but
then the County will raise their millage and , therefore, you have no savings.
So, there is a lot of question that's are being asked that we don't have answers.
This is going to be something that we're going to have to study very carefully.
The numbers that were presented here today, we have to find out if these
numbers are valid because they are -- numbers on paper don't mean that it's
correct. So there are a lot of questions that we are going to have to -- inquire
input from the community because if people want to pay for a good service,
they should. One thing that I'd like to bring out -- and I have passed on to
other people that I have talked to -- you know, the level of service, if we
reduce -- I mean, time of response increases, I will -- this Commission will not
jeopardize the life of people for savings. I mean that's for sure. I don't think
none of us up here will. As an experience when I was a trooper and I used to
work Martin county and remember Vero Beach and Okeechobee, you know, the
time of response was 45 minutes and some times those 45 minutes seem like
206 January 13, 2000
seven days to get help to you, and it's nice an sure to know that the people in
the City of Miami, yes, their service is great and they are willing to pay for it.
You know, so there are a lot of things that need to be addressed here. And I
think with time we'll be able to make a conclusion. I support the idea of
putting in the committee. I would like to be involved in that because I -- the
process go on, you learn a lot about the possibility of comparing both
departments an see what we can come up with in the long term conclusion or
may be benefits both the City an the Fire Department.
Commissioner Teele: Mr. Chairman, on one point, Commissioner -- on just one
point that you raised. The Constitution of Florida limits, Commissioner
Sanchez, the amount of millage that can be raised. These calculations assume
that it goes to the three -mill cap. But they can't go any higher than that and I
accept that. So, I mean that's factored in. But it's not like it will just go up
because --
Commissioner Sanchez: No, no.
Commissioner Teele: -- it can't. Is it two point seven mills, two point six
seven or seven/four and it can't go any more than three mills. So, right now by
this statement alone,
Commissioner Sanchez: If I may interrupt you. If it's three mills -- savings of
three mills on one side an additional three mills on the other, there is no
savings and basically we've given away our Fire Department. .
Commissioner Teele: Well -- and I understand that after the arithmetic, but six
from nine is -- I mean, six from nine is three, OK, and that's where you come
down to. You don't come down three mills. You come down five and a half
mills, okay. The savings -- that's did difference between --
Vice Chairman Gort: look, I'm sorry -- I don't -- may be it's too late and I don't
understand this. My understanding is, our cost is three but if we go to the
County, it's two point -- two point something.
Commissioner Teele: No, no, no. Our cost is seven. Six and a half right now
Vice Chairman Gort: Six anda half mills?
Commissioner Teele: Six and a half right now. In other words, --
Vice Chairman Gort: In other words, out of the nine point five mill that's we
have as tax, six and a half goes to Fire Department, is that what you're saying?
Commissioner Teele: By their number, they say forty million dollars
($40;000,000). Forty million dollars ($40,000,000) is three point five mills,
OK, is general fund, OK? In addition, there is another calculation that gets
them to the sixty million dollars ($60,000,000), which is twenty-one million
dollars ($21,000,000), okay. If you remove the -- that doesn't include the ten
million dollars ($10,000,000) that left off the table, et cetera. If you remove
the fire from the City millage cap or the City millage, it goes down from the
207 January 13, 2000
existing nine point five mills less the three mills that is attributed here, so what
happens is that the full millage now moves over into the fire district. Now,
what Commissioner Sanchez is saying is right. To the taxpayer, the taxpayers
only going to save two mills. Because the two mills is the difference that's on
the bottom line, which they are saying a subsidy of fifteen million dollars
($15,000,000) to twenty-five million dollars ($25,000,000). See, their own
numbers admit -- their own numbers acknowledge that the bottom line that the
City is subsidizing the Fire Department over and above the millage rate to the
tune of 15 to 25 million dollars. If you back that out, if you back out the
number that they are saying that Chief Rollason is going to request, what you
have now is a savings of twenty-one million dollars ($21,000,000), which by
law, they can't require us to give them an additional twenty-one million dollars
($21,000,000).
Commissioner Sanchez: Mr. Vice chair.
Vice Chairman Gort: It's kind of late. I can't reason anymore.
Commissioner Sanchez: I suggest -- I suggest that -- well, I'll tell you what.
Vice Chairman Gort: Let's let the Chief make his presentation. Worked for it.
Make his presentation, then we'll go into it. .
Commissioner Sanchez: Listen, I have a better suggest. Why don't we defer
this and have a special meeting just to deal with this?
Commissioner Teele: I would like to do that but you know what I would like to
do, I would like to at least -- before you do that, I'd like to at least work with
the Internal Auditor, the External Auditor, the finance and budget office, in
preparing something because when you walk in with one set of numbers, I
mean, you know, that's just going to wind -up being one discussion. You
shouldn't be afraid Commissioner, of information.
Commissioner Sanchez: And I'm not. I just think it's premature sure and we'll
Commissioner Teele: And I --
Commissioner Sanchez: It's 7:38. By the time we get his presentation, when
he make presentation, it will be 9:30 or 10:00. So I. suggest that this is
something of great importance and if we believe that it is good -- the best thing
for this City, then I think it's something that we should apply time and
resources and debate it an argue it well and I agree with you. Information is
richness.
Commissioner Teele: But it's no need to debate if you don't have the numbers.
Commissioner Sanchez: We don't have the numbers.
Commissioner Teele: We can't even agree on the numbers.
Vice Chairman Gort: We don't -- that's what I'm saying. I don't have
208 January 13, 2000
information here that they have been working.
Commissioner Sanchez: They can come up with the numbers and we'll set up a
special meeting.
Vice Chairman Gort: Let me hear from -- the Manager has been asking me that
he would like to speak. Mr. Manager.
Mr. Donald Warshaw (City Manager): And I hear a lot of the things that are
being said. We do have the numbers and, respectfully, I don't agree with some
of the assessments, but let's talk about service delivery and who the experts
here I think you have to rely on. Okay.
Commissioner Regalado: It's about €Nan.
Mr. Warshaw: Number one, I've come to learn a lot about the technical
workings of an urban fire department and I think we have the experts right here
in the Fire Department that's over 100 years old. These are people that are
statutorily certified by the State of Florida and until and we get someone else, I
think they are the people that we have to rely on. With all due respect, Mr.
Godoy is someone I have tremendous admiration for. It's the Fire Chief and the
Fire Chief staffs as it relates to what it takes to staff an urban fire department
in the 35 square mile city, fill it with a lot of poor people, who reach out to the
fire service for things that people in those other municipalities and the
unincorporated areas don't. And I agree with Commissioner Teele, I think it's
going to come down to whether or not the citizens of Miami are willing to pay
and it is in excess of what being paid in unincorporated area, for this additional
service. And again, it's not a race issue or old people issue, but the fact of the
matter is, the citizens of Miami have historically reached out not just to fire but
police as well, for a level of service that people in other places do not. So the
question come down to are we willing to sacrifice that level of service and what
will happen, what will the consequences be whether they are good or bad. I
think that's really what the issue is, as far as the savings, no question. We are
going to have a Fire Department who's service was equal to Miami -Dade
County there would be significant savings for the City. Now, in this report that
you've got in front of you, this are some letters from some experts people who
talk about the fact that in the City of Miami, we would be you know in great
difficulty if we would anyway reduce the number of fire stations. We're talking
right now -- chief has been requesting of me that we build another fire station.
Let's keep in mine again we have traffic issues that nobody else in the County
has when those hundreds of thousands of people pour in here day and night into
the City, which changes the whole routine as to the way fire trucks and
emergency vehicles have the ability to get where they are going. These are the
kinds things I think you need to really take a good hard look at. Certainly,
there are savings, if you reduce the level of service. But the Fire Chief go
ahead -- I know he's got a presentation an I apologize that you've got this so
late but he and his staff had been working literally around the clock day and
night on the weekends to get this thing done. It's very comprehensive and it's
taken a long time.
Vice Chairman Gort: Commissioner Winton.
209 January 13, 2000
Commissioner Winton: I'll save my comments until the Chief gets his
presentation.
Vice Chairman Gort: Chief you have two minutes.
Mr. Carlos Gimenez: Actually, the presentation if I can beg your indulgence is
about 15 minutes long and it will answer a lot of the questions as to why this
department requires or needs the level of service or the citizens need the level
of service this department requires. So, if I could, I'm going talk a little bit
about the department, the history, the level of service demands that the citizens
place on this department, we'll go through the financial analysis that we did and
we'll come up with some conclusions.
Commissioner Winton: Can I interrupt him for one second? Mr. Chairman, --
and chief, I know you guys have worked real hard on this and I appreciate that.
But it's also almost 8 o'clock and we still have other agenda items on here.
And I guess my concern is that if you're going to create an argument as to why
we need to -- why the citizens need to be willing to pay for this -- pay extra for
the same level -- for the service that we're getting which is above level of
service, I'm not sure that argument isn't premature because -- as I listen to -- I
came into this room tonight really trying to understand what the real mission
was here and I, as a business man, have felt from day one, when we first went
into the tank, that the blue ribbon task force spent all of its time figuring out
new way toss get revenue in the City and spent no time figuring out if we can
do any of our jobs more efficiently or more effectively. And that process really
-- and for a lot of reasons -- simply hasn't been done yet. I mean, there are a
lot of fires that you all -- I mean, not -- lot of fire within the City that
everybody been fighting to try to ,get us out of the soup. And so, it's taken
people a lot of time. As I've listened to this discussion, this debate over the
cost of providing services and the cost benefit relationship here, I think is a
very, very interesting question. And from my viewpoint, before we got --
before we would jump into a dialogue to defend paying what we're paying, I
want to make sure that the data that I've got in front of me accurately describes
what our real costs are providing the service. And being able then to snatch
that real cost for providing service against other level of service within other
areas and their cost, then we can get into a true debate about whether or not it
makes sense or whether our citizens want to pay that extra cost, if, in fact,
there are extra cost. So, I guess -- and I don't want to short-circuit anything. I
do want to give you time, but it is late. And I'm hoping that if the lion share of
your presentation is simply defending the added costs, defending the added
level of service, I would just assume we wait and have that part of the
presentation as a part of bigger dialogue. Did that --
Vice Chairman Gort: Okay.
Commissioner Winton: So, I'm just asking you the question --
Mr. Gimenez: A big portion of my presentation is the reasons why we have the
level of service that we have. And I also have to add that the Metro -Dade Fire
Chief or the Miami -Dade Fire Chief agrees that there should be no reduction in
210 January 13, 2000
level of service in the City of Miami, an that's why he put the fifteen to twenty
million dollar supplement. Because he also sees the number of calls that we
have in this City are much greater on a pro cap basis than the number of calls
that they have in the County. It is two different environments. We average
much more -- we have seventy thousand calls per year in the City of Miami.
For three hundred and fifty thousand people. In Metro - Dade they have about
one hundred and seventy thousand calls per one point three million people. So,
you see the citizens of Miami use this department to a much higher level than
the County does. That's why even he thinks that the service levels in the City
should not decline.
Commissioner Winton: I new there was a reason I was suggesting this. You
just gave me two data points four numbers. Not a single one of those stuck. I
couldn't repeat either -- any of those numbers back to you. Has.
Mr. Gimenez: Well, I guess if you could just remember that the people here use the Fire
Department a lot more than the people there. I guess that's all I want you to remember.
Commissioner Regalado: Excuse me. Mr. Chairman, and Johnny, how do we know that these
are residents and not people who are working or --
Mr. Gimenez: It really -- that -- it may be -- look, we have --
Commissioner Regalado: We know -- we all say that we have how many people during the day
here?
Mr. Gimenez: We may have a million. And that's why we have so many calls.
Commissioner Regalado: So we are not talking about residents. You just said residents.
Mr. Gimenez: But I'm saying for the resident population. That's the only thing that we -- that we
really look at. The resident population. Doesn't matter if we have a million -- we have seventy
thousand calls in this department. Where do they come from? From a million people or three
hundred and fifty thousand, we still have seventy thousand calls. The County, on the other side,
with --
Commissioner Regalado: I agree but you just said that we get seventy thousand calls for three
hundred and fifty thousand residents.
Mr. Gimenez: Because that's our resident base.
Commissioner Regalado: And I just want to clarify if we have some calls that are not made by
residents but by people that...
Mr. Gimenez: Absolutely. And they have calls made by non-residents also.
Vice Chairman Gort: Well, you are going to have to respond to those calls, being the County
being aware of the services, they are going to have to still have to respond to it.
Commissioner Regalado: I know, Willie, but the issue is not -- the issue is to get the information
straight. That's all.
211 January 13, 2000
0
Commissioner Teele: Mr. Chairman, I think -- Commissioner Winton and Commissioner
Sanchez have both said to defer. I mean, I'm willing to defer. It's an item that I'm putting here. I
think this is the beginning. This is nowhere near the end of the discussion. The only thing, Mr.
Warshaw, Mr. Manager, I'm encouraged with your professionalism on this point and the context
of stating the facts. But the one thing that I want to be very clear with because I don't want you or
anybody walk away thinking that I'm playing the numbers games because I'm not generating any
numbers. I just would like at least for Mr. Louie -- Mr. -- the Budget Director or the Assistant
Manager to verify that the numbers that have been given to this Commission are what I said.
Because I've not -- I'm not manufacturing any numbers now. And I'm talking now about the
departmental budget and internal service charge distribution, which this document that we start
out with has it at sixty million dollars ($60,000,000) but the total cost based upon the fully loaded
cost is sixty-six point eight million dollars ($66,800,000). Now, is that the correct number or has
this number been revised?
Ms. Bertha Henry (Assistant City Manager): The spreadsheet that you have reflects the total cost
of sixty-six point eight million. The numbers that are reflected in that report answers a different
question. And the question that was asked generate those numbers was what would the City save
-- what expenses would the City save as the result of a transfer to the Fire Department, and when
you ask that question, some of those -- many of the expenses that you have represent liabilities
that, as we understand, the County would not take over as a result of a merger. That anything --
any liabilities, worker's compensation, pension costs for retirees, health care costs for retirees
would be the County -- would be the City's obligation.
Commissioner Winton: This is a great point, and I think Commissioner Teele makes the right
point here. We can't make decisions without good clear and concise data. And, so, the idea to
pull together a group of people, including those who have no acts to grind, to really object
objectively get all of the numbers -- and there will be debate about allocation of over head and
those kinds of things, which goes on all the time in business when you have departments here.
So, I'm very much in favor of trying to get the real data and once we have an agreement on the
data, then the real debate can begin.
Ms. Henry: I think that's real important and especially when you involve the County because
we've had to make a lot of assumptions, absent any data, about what they will do and won't do,
especially with respect to our assets.
Commissioner Teele: Mr. Chairman, respectfully, I would ask that the External Auditor be
instructed to pull together a first round of all of the data working with boat the City and the
County and to make a preliminary report back to us within the next 45 days or say by the -- when
are we having the meeting, the 17th of February now? By the
Vice Chairman Gort: Seventeen.
Commissioner Teele: -- 17th of February, a report just from the External Auditor of pulling
together the numbers with everybody participating and feeding into those numbers. I would so
move.
Commissioner Winton: Second.
Vice Chairman Gort: It's moved and second. Further discussion, being none all in favor state by
saying aye.
212 January 13, 2000
The Commission (Collectively): "Aye."
Ms. Henry: Point of clarification. By external auditor, do you mean our --
Commissioner Teele: Whoever our --
Ms. Henry: KPMG (Klynveld,Peat, Marwick, Goerdeler).
Commissioner Teele: KPMG, Ernest and Young, whoever you all have, but they have that
expertise to pull numbers together.
Vice Chairman Gort: Okay. Thank you.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-58
A MOTION DIRECTING THE CITY MANAGER TO.
PREPARE A STUDY TO BE CONDUCTED BY THE
EXTERNAL AUDITOR OF THE CITY, IN CONNECTION
WITH PROPOSED TRANSFER OF THE CITY OF MIAMI
FIRE -RESCUE SERVICES TO MIAMI-DADE COUNTY;
FURTHER DIRECTING THE MANAGER TO COME BACK
WITH A PRELIMINARY REPORT AT THE COMMISSION
MEETING OF FEBRUARY 17, 2000.
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Vice Chairman Gort: So, chief, you will get your opportunity to save it. You'll get the
opportunity to present it.
Mr. Gimenez: Thank you.
213 January 13, 2000
Vice Chairman Gort: Fifty-eight. Budget information
Office of Media Relations. Discussion. It's relate — it's in relation concerning propose additional
occupation in the amount of thirty-one thousand five hundred to the Office of Media Relations.
Mr. Donald Warshaw (City Manager): Commissioner, I'm not sure what additional they want on
this -- this is what we agreed at the last meeting because Media Relations had exceeded its `99
budget by thirty-one thousand five hundred dollars ($31,500), we removed thirty-one thousand
five hundred from its fiscal year 2000 budget, and that was at the direction of the Commission. I
don't know if there is anything else. I signed something I did last night, you know, memorializes
this, gives you some background on it. But, basically, that was done at the last meeting.
Vice Chairman Gort: Where is it here?
Mr. Warshaw: It was asked to be put back.
Vice Chairman Gort: Who asked to put it back?
Mr. Warshaw: And I'm really not sure. It's a discussion item.
Vice Chairman Gort: Item 58, the media -- the increase of the media budget, thirty-one thousand
they went over.
Mr. Warshaw: I think it was --
Commissioner Teele: No. I tell you what happened. On this item, the media budget is the, only
budget in the City that exceeded their budget last year. As required by the City antideficiency,
that department head is supposed to appear before here and explain exactly how they went over
the budget. We're supposed to listen to them. We're suppose to listen to the personnel
department because obviously -- most of this is going to be personnel numbers and the budget
office an finance office are suppose to have a system of not approving hirings and raises if there
is not budget, and we just need to understand where did the system breakdown, how did it
breakdown, whose responsible, who in the budget office allowed this to happen.
Mr. Warshaw: And we are prepared to explain to you how it happened.
Commissioner Teele: Do we have any back up on this?
Mr. Warshaw: As I said, this wasn't part of the Commission package. The original memo
which Ms. Henry has, I haven't signed yet, which addresses those questions. But I'd like to be
able to explain to you, on the record, if you --
Commissioner Teele: Could we defer it then to the next meeting?
Mr. Warshaw: You can. That will be fine.
214 January 13, 2000
•
Commissioner Teele: And let us at least get the documents and review it.
Mr. Warshaw: Okay. That's fine. Until the next meeting in January.
Commissioner Teele: In January. And we can -- can we get those documents this week and --
Mr. Warshaw: You'll get them first thing in the morning.
Commissioner Teele: But, Chief --
Commissioner Regalado: What are you going to send?
Mr. Warshaw: I'm going to send you the back-up, which is a memo from me to all of you,
explaining exactly what happened with that thirty-one thousand five hundred dollars ($31,500),
how that happened.
Commissioner Regalado: But is that a raise?
Commissioner Teele: He's going to explain --
Mr. Warshaw: I'm going to explain to you how the budget was exceeded by thirty-one thousand
five hundred dollars ($31,500).
Commissioner Regalado: I know.
Mr. Warshaw: And the remedy that you directed me at the last meeting.
Commissioner Regalado: I know that you are going to explain but I'm asking is that a raise,
though, thirty-one thousand dollars ($31,000). Is it a raise or is it another position?
Mr. Warshaw: It's neither.
Mr. Luie Brennan (Interim Director, Management & Budget): No, it's not -- it's not increases.
It's just a matter of changing the administration old position went new position came in and it just
differences of increases and decreases in salaries.
Commissioner Regalado: Is that a raise?
Mr. Brennan: No, it's not a raise.
Mr. Warshaw: No.
Commissioner Regalado: Oh.
Mr. Warshaw: And there was also, if I'm not mistaken, some settlements that was paid --
Commissioner Regalado: Wait, wait, wait. You say that old position, new position, old salary to
new salary. Is that a raise? I asked you.
Mr. Brennan: I would not deem that a raise. If it was given to different persons, I would not --
215 January 13, 2000
•
Commissioner Teele: It was a different person.
Mr. Warshaw: It was a different person.
Commissioner Regalado: It was a different person. Who got a different salary?
Mr. Brennan: Right. So, I would not call that an increase.
Mr. Warshaw: And, simultaneously, simultaneous with that, there was a severance pay out that I
authorized to the former director, who was an appointment of Mr. Garcia -Pedrosa, so some of her
dollars went against that budget as well. But that will all be in that package.
Commissioner Teele: But the severance pay really should be paid out of a different code and --
Mr. Warshaw: I agree.
Commissioner Teele: And that's understandable but that really should be treated, I would hope,
as a budget adjustment and take it out of a different account that has it. But I think the important
point is this, Mr. Manager, roughly 90 to 92 percent of these budgets are going to be personnel
and fringe benefit cost. Is that a fair statement?
Mr. Warshaw: Close. Yes.
Commissioner Teele: Seventy-five, 85? In this department?
Mr. Warshaw: In this department.
Commissioner Teele: In this department.
Mr. Warshaw: Inaudible but it's close.
Mr. Brennan: In this department, --
Commissioner Teele: Let's just assume 80 percent or so. So, really the point is going to be the
process should protect the department head. In this case, the head of the department. Because
personnel should be approving these actions, the budget department should be approving them,
and the finance department should be approving them. I mean, when we get personnel actions in
here, we have to justify, we have to show that we have enough money, and I mean, I really do
think that there is a systems problem if it happen, as much as a personality problem. I mean, I
like Jorge Luis and he knows I respect him, but you know it is the only department that went over
their budget.
Mr. Warshaw: I understand.
Vice Chairman Gort: Okay. Thank you.
Mr. Jorge Luis Hernandez (Director, Media Relations): We can explain that.
Vice Chairman Gort: Thank you. Fifty-nine.
Commissioner Regalado: I am --
216 January 13, 2000
Commissioner Sanchez: The Independent Auditor General.
Commissioner Regalado: Mr. Chairman, just a brief comment. Mr. Manager, I received today
your memo on NET 9. I sent a memo, I think it was Monday, stating that the calendar for
December was still running on the weekend of the 7th and on the 8th and you answered that. One
of the person was on vacation and the other was out ill.
Mr. Donald Warshaw (City Manager): That only those two people know how to operate this
arcade or --
Commissioner Regalado: Was that person ill all week from the first to the seventh, one week out
ill?
Mr. Warshaw: I don't know the answer to that.
Mr. Hernandez: There is one person, Commissioner. I'm sorry. Jorge Luis Hernandez, Director
of the Office of Media Relations. As you perfectly know, we do have an obsolete equipment,
which not only the --
Commissioner Regalado: No. Jorge, I'm not asking about the equipment. I'm asking was the
person ill all week?
Mr. Hernandez: Yes. There is only one person in the City of Miami able to fix problems in this
machine. He's not even my employee and we was out on vacation, yes, sir. Due to the fact that
this equipment, not only is the obsolete, you cannot find parts for it and the manufacturer doesn't
exist anymore.
Commissioner Regalado: Okay. No. But -- okay. So the memo from the Manager was wrong.
Mr. Hernandez: It is not. It's correct.
Commissioner Regalado: But the equipment was broken. He says that there was two people, one
out on vacation --
Mr. Hernandez: There is another person, Commissioner, who knows how to type into it. When
she tried to make some modifications, the system crashed. And we were in the middle of the
Y2K crashes and we were even afraid to touch it again, not to create another Y2K crashes in
Channel 9. And all that is because we don't have money to do anything there.
Commissioner Regalado: Okay. If we want to blame Y2K, fine with me. You know, it -- I don't
have any problem with that. I mean --
Mr. Hernandez: Well, if you don't know, Commissioner --
Commissioner Teele: Hey, Y2K has gotten very little blame. I mean, we all are disappointed
but, but at least give him a Y2K blame.
Commissioner Regalado: Hey, that's why I'm saying. Somebody -- the City should have Y2K --
Mr. Hernandez: When the whole world was celebrating because we didn't have problems, we
217 January 13, 2000
crashed four days before Y2K.
Commissioner Teele: It's a second reported Y2K glitch. The other one was a blockbuster --
Vice Chairman Gort: All right. Make sure you send it to the news so they can broadcast
something.
Commissioner Regalado: No. The Pentagon. NET 9 and the Pentagon.
Commissioner Teele: NET 9 and the Pentagon. Mr. Chairman —
Vice Chairman Gort: Guys, what would you like to do? We are on item 59. We have pocket
items. We have all your individual items.
Commissioner Teele: Mr. Chairman, on item number 59, -- Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: There are a series of issues that have now come to my attention and I
would like very much for the City Attorney. The -- it's the same issue that Commissioner Winton
raised this morning, regarding what was in the public domain or what was discussed from what
was not discussed and what was the debate and what was the Commission intent. A number of
issues relating to the intent of the Commission have been clearly being researched now that has
not been made available to the public. I would hope that the City Attorney would under take a
thorough research of all of the debate and print the applicable transcripts related to the
Independent Auditor General, and that the City Attorney be given 60 days to complete that
research, and that the matter be deferred for 60 days, pending the research report coming back.
Because the intent was very clear. And I reviewed the tape, but I've not reviewed the transcript.
And I think once the tape or the transcript is made, it will be very clear as to what the issues are
and what the issues aren't. And, so, I would respectfully ask that this item be deferred for 60
days, and that the City Attorney, working with the City Clerk, be directed to provide a verbatim
transcript of -- all of the debate on this issue and a summary of that debate.
Commissioner Sanchez: On the Independent Auditor General?
Commissioner Teele: On the Independent Auditor General.
Commissioner Sanchez: So, being --
Vice Chairman Gort: Being made -- defer for next 60 days. Is this a second?
Commissioner Teele: It was seconded.
Vice Chairman Gort: Second.
Commissioner Sanchez: Open for discussion.
218 January 13, 2000
0 -0
Vice Chairman Gort: Discussion.
Commissioner Sanchez: Just out of to clarify something. Disregard.
Vice Chairman Gort: All in favor state by saying aye.
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-59
A MOTION TO DEFER CONSIDERATION OF DISCUSSION
CONCERNING THE INDEPENDENT AUDITOR GENERAL
AND OFFICE OF INDEPENDENT AUDITOR GENERAL;
FURTHER DIRECTING THE CITY. CLERK TO PROVIDE'
THE CITY ATTORNEY WITH MINUTES OF ALL
DISCUSSIONS PERTAINING TO SAID ISSUE; FURTHER
DIRECTING THE CITY ATTORNEY TO RESEARCH SAID
MINUTES AND COME BACK TO THE COMMISSION
WITHIN 60 DAYS WITH A REPORT ON THE INTENT OF
THE COMMISSION REGARDING 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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: District one I don't have anything. District two. Commissioner Winton
doesn't have anything. District three, Commissioner Sanchez.
Commissioner Sanchez: Who --
Vice Chairman Gort: Go ahead.
Commissioner Sanchez: Yes. Concerning the crime along the Miami River, we'll go ahead and
defer that. I met with the NET office and we have established a couple of things pertaining to the
shopping cart ordinance. So that will be deferred. That's taken care of.
219 January 13, 2000
Commissioner Sanchez: Construction along 8th Avenue and 8th Street. I've been briefed by
Public Works.
Commissioner Sanchez: Discussion concerning money for beautification. I believe that the
Beautification Committee meets Friday -- tomorrow, so I will have somebody from my staff there
to follow up on that. Discussion concerning the issue of Workman's Comp will be deferred at
this time and heard at the next Commission meeting.
Commissioner Sanchez: Discussion concerning crime in Little Havana. I met with the East Little
Havana NET office and the officers and I was briefed on the progress of both programs, Hell
Raisers and Safe Streets.
Commissioner Sanchez: Discussion concerning beggars and panhandlers. That's an item that I
want to bring forth. I have had several complaints and one of the biggest complaints that I get
from tourists that come here is -- for one reason is the cabs, which have been improved a lot and
the other is beggars in intersections, most of our major intersections now are -- have to have or
have residency of the same beggars that are begging there in all formats. One concern that I have
is on the aggressive panhandlers. Now, the County has an ordinance on aggressive panhandling.
And I would like the City to do some research to find out if we could come up or adopt one of
their laws.
Vice Chairman Gort: Adopt the same ordinance, yes.
Commissioner Sanchez: Yes, the same ordinance. The thing is these people deserve better and I
think that this City is being perceived as a City of beggars because of the large amount of beggars
that we have at intersections. Being that we have a nation model, the Homeless Trust, world
wide, and we also have one thing that many other cities are looking at adopting and that is the
Pottinger case, which gives us -- and I don't want to confuse the issue. This is -- first of all; it's a
health and safety issue, and a quality of life issue. So, all the resources that we do have, I think,
that if we establish some type of plan and start a process -- and one of the processes would be to
sit down with the City Attorney, sit down with the chief of police and try to come up with a
strategic plan to alleviate a lot of these thing that we have because we can make the argument that
some of these panhandlers are basically blocking the streets, and it becomes a safety issue. I
mean they are out in the middle of the street asking for money. So, that's something that I would
like to direct, and being that we don't have too much time, I would like to direct the City Manager
to assist me in setting up a meeting with the City Attorney, the Chief of Police, and maybe Hilda
Fernandez from the County, and our homeless — what's her name?
Unidentified speaker: Livia Garcia.
220 January 13, 2000
Commissioner Sanchez: Livia Garcia. And try to start -- oh, there you are. I didn't see you. And
see if we could get something going to -- you know, these people deserve better and we have the
opportunity to help them.
Commissioner Sanchez: So, the other issue is the sidewalks -- discussion concerning issues of
sidewalks and lack of there of. I would like the City Manager to do a study and find out exactly
where we lack sidewalks in our City. I think that, you know, I am the type of individual that has
focused on the basics of our community, beautification project, sidewalk repairs and other items.
I do believe, that after doing some study, a lot of the sidewalks that are lacking in our community
are in Overtown and in poor areas and I think it's of great concern that every major City at least
should have good sidewalks that people could walk on and not have to walk on our streets an get
hit by a car. And I would like the City Manager to conduct a study through Public Works and
advise where we lack sidewalks so we could come up with some funding mechanism to put
sidewalks where they lack.
Note for the Record: Items 3-H and 3-I were deferred.
Commissioner Sanchez: The Flagler corridor, I'll go ahead and defer because I'm waiting for
some information back. And the other item, the Domino Park, I will also defer. Thank you.
Deferred.
Vice Chairman Gort: Commissioner Regalado. There was one item -- my understanding is, the
Chief has a meeting at 8:30. There's one item that he needs to address.
Commissioner Regalado: I'm sorry?
Vice Chairman Gort: You have one of concern and the Chief needs to answer, and he has to get out
of here.
Mr. Donald Warshaw (City Manager): Commissioner, the Chief has a meeting to go and has to be
there at 8:30. If you could do Item G, I'd appreciate it, which I know is the one he's beer! waiting for.
Commissioner Regalado: Oh, sure. No problem. No problem. We'll do it. It's an item that I
requested people from the agenda because it's some funding for overtime from the Law Enforcement
Trust Fund. We called your office, Chief, and we were told that overtime for the Mayor's
Conference will be paid from that fund. The City Attorney, however, seems to think that these funds
were not approved by the Commission. So, I -- can you tell me what is going on with these funds in
the Mayor's Conference? And why, if there was a resolution saying that no City funds or employees
should be used, until and unless this Commission receives information that we never did receive, by
the way, those funds were used?
221 January 13, 2000
Chief William O'Brien: William O'Brien, Chief of Police. I'm not sure who told you that in my
office regarding LE TF (Law Enforcement Trust Fund) monies being spent on the Summit. That's
not the case. The Summit was staffed by Miami police officers and I directed that that be done. An
event of that nature, an international event, large scale event, it's my responsibility, as Chief of
Police, to ensure that that goes off well and there's security for all the high-ranking, political figures
from around the world. That was paid out of my overtime account. I believe, however, that that
would be eligible for LETF monies, but those monies haven't been granted at this point.
Commissioner Regalado: Then, I'll move to approve the item, with the exception of using any of
that money ever of those half a million dollars ($500,000) to pay for the overtime of the Mayor's
Conference that the Commission said it couldn't be done until we got the information. That would be
the amendment to CA -15.
Mr. Warshaw: Fifteen.
Vice Chairman Gort: It's been moved. Is there a second? Is there a second? Hello? There's a
motion. Is there a second?
Commissioner Teele: Second for the purpose of discussion. If he's authorized it, what can we do?
Commissioner Regalado: No, he said he didn't authorize. He said that, eventually, the money will
be taken from the half a mill from the Law Enforcement Trust Fund.
Mr. Warshaw: No. Let me reiterate. Here's what he's saying. He's saying that he provided the
_police security -- excuse me. He's saying that he provided the police security for the Summit because
it was a high-profile event for the City and he felt it had to be done. The five hundred thousand
dollars ($500,000), which is on the agenda today, which is part of the Fiscal Year 2000 budget -- that
was done, I think, the 28th or 29th of September -- some of those ironies would be eligible for use
for this event. Now, if you're saying you don't want us to use any of those trust fund monies...
Commissioner Regalado: That's what I'm saying.
Mr. Warshaw: ...for this event, then, that's fine. But the five hundred thousand is needed because it's
part of the General Fund budget.
Commissioner Regalado: I mean, it's not that you're going to find it somewhere else and -- that we
will eventually approve it.
Mr. Warshaw: I understand.
Commissioner Regalado: It's just that we need to send the message that City departments could not
decide to do things that are in violation of the policies of this Commission, and that was a violation
of the policy of this Commission.
Commissioner Teele: But don't you think it's over. It's done. The Chief -- I mean, at some point...
Commissioner Regalado: If you let it go, they'll do it again.
Commissioner Teele: You think sol
Commissioner Regalado: Oh, absolutely.
222 January 13, 2000
Chief O'Brien: Well...
Commissioner Teele: Why did you all do it? I thought the resolution of the city was that there
would be no funds expended until there was an accounting and -- why did you all authorize that if the
Commission directed that you couldn't do that?
Chief O'Brien: From my standpoint, as Chief of Police, there's no way I can let an event of that
nature go by without police protection. I mean, you've got high-ranking people from all over the
world. If something went bad on that, it would be a terrible stain on the Miami Police Department
and on the City of Miami.
Mr. Warshaw: And on the City of Miami.
Chief O'Brien: Exactly.
Commissioner Teele: Well, I agree with you, but I think the same kind of dignity should be afforded
to the Martin Luther King Parade. And I want you to know, when I sat down here -- three months
after I sat here, the Fire -- the Police Department said they had no money for the parade, even though
there were dignitaries from everywhere. And I'm suggesting to you that dignitaries are dignitaries
and there's just -- there's all-around dual standards, and that's what, I think -- you know, I keep
hearing Commissioner Winton and others saying. We need to get one standard here. I mean, I
support -- I don't think we can lock the barn now. And, Commissioner Regalado, I want to
supportive but I mean, I think it's done, it's done and if the Manager's going along with it, if the
Manager's not going to bring in the Chief and reprimand him or, you know, pull his ears or give him
a raise -- I mean, you know, that's part of the nature of this form of government we're in. We've got a
resolution that said it can't be done, but it's nothing we can do to a department head. If we're going to
do something, we've got to do it to the Manager. But, I mean, I think it's really...
Commissioner Regalado: Or the City Administrator, which will not respond to the...
Commissioner Teele: Well, the City administrator is going to be totally insulated from all of that.
But the fact of the matter is, is that we had a policy that the money wouldn't be spent. That policy
was well-known and I just don't understand, Mr. Manager, why you would authorize that or why you
would let that happen. And I guess -- but I don't want to be a part of something that we just wind up
digging in deeper and deeper because it's, obviously, nothing we can do. We could determine,
perhaps...
Vice Chairman Gort: Guys, there's a motion. There's a second.
Commissioner Regalado: Vote on it.
Commissioner Teele: Vote on what?
Commissioner Regalado: On the motion.
Vice Chairman Gort: On the motion. The motion is to approve it.
Commissioner Regalado: On the motion that...
Vice Chairman Gort: To approve the five hundred thousand dollars ($500,000).
223 January 13, 2000
Commissioner Regalado: to approve the half a million dollars ($500,000), but they cannot use any
money to pay for the Mayor's Conference because they did not adhere to the resolution of the
Commission or they violated the policy of the Commission.
Mr. Warshaw: That's for the General Budget.
Commissioner Regalado: That's what I said. That's the resolution.
Vice Chairman Gort: What's the motion?
Commissioner Regalado: The motion is...
Commissioner Teele: Aye.
Commissioner Regalado: ... to approve the half a million dollars ($500,000). That's the motion I did,
to approve the half a million dollars ($500,000), but to direct the Chief of Police and the
administration not to spend any of that money in paying the overtime that was used by the Chief of
Police on the Mayor's Conference because it violated a resolution of the City commission. That's the
motion.
Commissioner Winton: Call the question.
Vice Chairman Gort: Go ahead.
[COMMENTS MADE DURING ROLL CALL]
Commissioner Teele: I'm voting yes, to spend the money, but I don't understand the rest of it.
Vice Chairman Gort: They'll find ways. Don't worry.
Mr. Warshaw: The real issue is the five hundred thousand...
Commissioner Teele: Well, I'm voting yes, to spend...
Vice Chairman Gort: Go ahead. Yes.
Commissioner Teele: I'm going to vote yes, to spend the money.
224 January 13, 2000
0
•
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 00-60
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT
NOT TO EXCEED $500,000, FOR SPECIAL OVERTIME PAY TO
CONDUCT VEHICLE IMPOUNDMENT PROGRAM STING
OPERATIONS; ALLOCATING FUNDS THEREFOR FROM THE
LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS
690002, AND 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," AND FLORIDA STATE STATUTE
932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Vice'Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: OK. The rest of -- Commissioner Regalado.
Commissioner Regalado: The rest of -- I will defer the Media Relations and Public Information.
That was deferred from September 21st, October 12th, October 26th, November 16th, December
14th and now January 13th. That's it.
Vice Chairman Gort: That's it.
Note for the Record: Item 4-A was deferred.
Commissioner Teele: Okay. Pocket items.
Commissioner Sanchez: Pocket items.
Vice Chairman Gort: That's it. Commissioner Teele, you have anything?
Commissioner Teele: Mr. Chainnan, there are three or four things. I would like to go last.
225 January 13, 2000
Commissioner Sanchez: I just have one, if I could be allowed the...
Vice Chairman Gort: Go right ahead, sir.
Commissioner Sanchez: Johnny? Johnny? Does everybody have a copy of the VIP (Vehicle
Impoundment Project) pocket item? Have you provided a copy? They're making it now?
Vice Chairman Gort: VIP.
Commissioner Sanchez: Well -- yeah. It's going to need explaining. I'm sure there's going to be a
lot of questions on it. It's a resolution of the City of Miami Commission authorizing funding of
special overtime for the Police Department to continue the Vehicle Impoundment Program, which is
the VIP, and allocate funds therefore in an amount not to exceed one point two mill from the Police
General Operating Budget, account code number "x" and "x" and "x." You'll get a copy of it. And
what that is, it's -- 7-1 to 9-30 of '99, we authorized two hundred and eight -eight thousand dollars
($288,000) to the VIP Program. It generated one point two million dollars ($1,200,000). On 10-1 to
12-31 of '99, this City Commission approved four hundred and ten thousand dollars ($410,000). It
generated one point six million dollars ($1,600,000). All this is is funding it for a whole year, which
is guaranteed or projected -- not guaranteed -- projected the revenue would be two point one million
dollars ($2,100,000).
Mr. Donald Warshaw (City Manager): Correct.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Is there a second?
Commissioner Teele: Let me inquire of the Attorney.
Vice Chairman Gort: Second for discussion.
Commissioner Teele: On a pocket item like this, can it be stopped by one Commissioner?
Mr. Alejandro Vilarello (City Attorney): This City Commission has -- any Commissioner can
request that a pocket item be deferred.
Commissioner Teele: And what -- is that subject to a vote or is that an automatic rule?
Mr. Vilarello: No. A Commiss -- it requires a unanimous consent of the City Commission to hear
the pocket item.
Commissioner Teele: So; a pocket item requires unanimous consent? Let me tell you why this is an
226 January 13, 2000
issue. I have asked, repeatedly...
Mr. Vilarello: Not to pass it. To consider it.
Commissioner Teele: To consider it. I've asked, repeatedly, that the Police Department look at an
alternative place for vehicle storage, other than underneath 95, in the middle of a community that
we're trying to redevelop. This has gone on now for 20 some years. Every year there's a different
story. Now, I don't think that a vehicle impoundment lot should be outside of someone's home,
particularly when it is a municipal -- governmentally created blight. We all agree that nobody would
want to live next to what's underneath there. Fortunately, the DOT (Department of Transportation) is
now looking at some other options with us. But I just want to reiterate, on the record, that I really do
think that, of all of the millions of dollars we've given to the Coconut Grove's this, to theaters -- I
mean, you know, when you look at all of the Law Enforcement Trust Fund money -- and I've got a
list of it -- the amount of money that's gone to arts and culture and park activities, which are all good,
but I'm not sure, you know, if the criminals are at the Coconut Grove Theater, you know, and that
kind of stuff. I think it's time we looked at this thing again. And I'm respectfully requesting -- and
I've said this now, at least, six or seven times. I've written...
Mr. Warshaw: More.
Commissioner Teele: More.
Commissioner Sanchez: Or more.
Commissioner Teele: That we look at this. I don't want to mandate it. I realize it's a big, you know,
what I call the "lazy factor." It's so much easier to be able to walk out of your office, across the street
and go count cars or look at cars that have been impounded, you know, but that was -- when it was
put there, it was said it was going to be a temporary emergency. We've got the transcripts. It was
just going to be there for a year or more. And it's like everything else. Now, we need to look at this.
I'm saying it. I'm going to support this item but, at some point, we need to look at these kinds of
items.
Mr. Warshaw: I will.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved and second by Commissioner Winton. Let me add to that. If
you look at the expressways that we have on the overpass, there's a lot of locations within downtown,
where you can place that, that would not harm anyone and it's not close to any of the residential areas
and not too far from the police stations. OK. All in favor state by saying "aye."
The Commission (Collectively): Aye.
227 January 13, 2000
•
•
The following resolution was introduced by Commissioner Sanchez, who moved
its adoption:
RESOLUTION NO. 00-61
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF FUNDS IN AN AMOUNT
NOT TO EXCEED $1,200,000, FOR SPECIAL OVERTIME PAY TO
CONTINUE THE POLICE DEPARTMENT'S VEHICLE
IMPOUNDMENT PROGRAM; ALLOCATING FUNDS THEREFOR
FROM THE GENERAL OPERATING BUDGET OF THE
DEPARTMENT OF POLICE, ACCOUNT CODE . NOS.
001000.290301.6.051, 001000.290305.6.051, AND
001000.290308.6.051
(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: I None.
ABSENT: None.
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: I have an item and the reason that this is having to come up tonight is
because this information has to go to the MPO (Metropolitan Planning Organization) for this
meeting or there is no chance to do this and that's the reason.
Vice Chairman Gort: Right. Read it.
Commissioner Winton: Yes. So, and what I will read the pertinent part --
Vice Chairman Gort: No, no, no. Just read the --
Commissioner Winton: Be it resolved. This is about a tunnel linking Brickell to the downtown
area and I'm going straight to the --
228 January 13, 2000
[AT THIS POINT COMMISSIONER WINTON READ THE RESOLUTION INTO THE
PUBLIC RECORD.]
Commissioner Teele: Second the --
Vice Chairman Gort: It's been moved and second. Discussion? Being none, all in favor state by
saying aye.
Commissioner Sanchez: Just a suggestion. Johnny, this is an economical development issue?
Commissioner Winton: A huge economic -- huge economic issue, long term for the City of
Miami.
Commissioner Sanchez: Huge. Why don't I -- my suggestion to you is also to apply for a fast
track with the State of Florida. Just a thought.
Vice Chairman Gort: All in favor state by saying aye.
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-62
A RESOLUTION OF THE MIAMI CITY COMMISSION
URGING THE SECRETARY OF THE FLORIDA
DEPARTMENT OF TRANSPORTATION ("FDOT") TO
DELAY THE REPLACEMENT OF THE SOUTHWEST 2ND
AVENUE BRIDGE FOR A PERIOD OF SIXTY DAYS
CONDUCT A STUDY TO DETERMINE THE FEASIBILITY
OF CONSTRUCTING A TUNNEL UNDER THE MIAMI
RIVER, AT A LOCATION BETWEEN BRICKELL AVENUE
AND THE I-95 EXPRESSWAY; SUPPORTING THE
REPLACEMENT OF THE BRIDGE AS PRESENTLY
PROPOSED SUBJECT TO THE SECRETARY OF FDOT
AUTHORIZING (A) A COMPREHENSIVE EXAMINATION
AND RE-EVALUATION OF ALL DOWNTOWN MIAMI
SURFACE TRANSPORTATION SYSTEMS, AND (B)
PROVIDING FUNDS TO UNDERWRITE THE COSTS OF
SUCH STUDY WITH THE PARTICIPATION OF AGENCIES
AS DESIGNATED HEREIN; AUTHORIZING AND
DIRECTING THE CITY MANAGER TO WORK WITH
FDOT, THE OFFICE OF THE MIAMI-DADE COUNTY
MANAGER, THE MIAMI-DADE COUNTY DEPARTMENTS
OF PLANNING AND PUBLIC WORKS, AND THE
METROPOLITAN PLANNING ORGANIZATION FOR SAID
PURPOSE; DIRECTING THE CITY CLERK TO TRANSMIT
A COPY OF THIS RESOLUTION TO THE HEREIN
DESIGNATED OFFICIAL.
229 January 13, 2000
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
Commissioner Teele: Mr. Chairman, on the motion that just passed, again, I
really want to express my appreciation to the Manager and his staff, planning
staff, and Clark for working with Commissioner Winton and the MPO
(Metropolitan Planning Organization) process in trying to develop this and it
should be reported that the Florida DOT (Department of Transportation) and the
MPO staff have been open minded about it within to the extent that
transportation professionals can be open minded about something they already
planned to do, but I really do think again, Mr. Manager, the staff should be
commended for working with the MPO and with Commissioner Winton and
others in developing this.
Commissioner Winton: And I think one other point important here also and
that is that that Commissioner Teele, as our MPO representative, jumped right
into the middle of this and without his support and guidance we were in a very
interesting situation the other day that I'm quite clear, I didn't understand how
to get worked through and you did. You understood that and helped us get
through that. So, my sincere appreciation.
Commissioner Teele: One of the things that I would like to bring to the
Commission is, I would like to plan an MPO briefing here at the Commission,
in April /May time frame because I really do think it's important that we get an
understanding. For the last five or six years, the City has been left out of
literally all of the discretionary funding by the MPO process and I think they
are beginning to take a second look. In that regard, there are three things that I
want to bring to your attention. The port is now in the midst of a major study
for the movement of traffic other than along 2nd Avenue. Initially, they
proposed to bring it down 8th street, in front of the Arena and get up on the
ramp there at 95 and 8th Street, and there was some strong objections that I led
before I went on the MPO. They've agreed to shelve those plans they are
beginning along and deliberate process, which I have asked that the DDA
(Downtown Development Authority) be directly involved in those deliberations
as well. And they've agreed to do that. So that's going to be coming up.
230 January 13, 2000
Commissioner Teele: Secondly, there has been a lot of public discussion about
the Marlins and I would like to report to the Commission that although the
press accurately reported what was said and what was -- what was said. What
was not said -- what was not reported is where there were agreements. I have
expressed my opinion, as one Commissioner, that there is nothing more
important in the long- term and short-term viability of rebuilding and
redeveloping the City of Miami downtown and Park West than to have baseball
in downtown Miami. In that regard, the only minor issue was where, and -- but
there are a lot of other issues. There are a series of meeting that will beginning
this week, and I am going to be asking the CRA (Community Redevelopment
Agency) to pass resolutions with the DDA to begin a process. And I want to
explain why this is important. What's really important in my judgment is that
the private sector, business community, that has a vested interest, the
landowners, the property owners, which is what the DDA represents, be a part
of help together formulate a solution. In other words, it shouldn't be a solution
or recommendations that are strictly between the Mr. Henry, the Heat, the
Marlin owner and government. We need to involve the private sector. We're
saying that -- and the DDA has the one asset that virtually no other governmental
agency has and that is, it is largely the private sector. It's largely property
owners. And so the process that we will be outlining will be a process in which
the DDA Board will be responding to technical staff recommendations and
studies to provide four or five options of sites other than Bicentennial Park, that
may make sense, looking at many of the professional issues related to traffic,
planning, urban use and other things. And I'm hopeful that the CRA Board and
the DDA Board separately will under take that that sort of as a joint initiative.
It would be very helpful, Mr. Manager, if you would appoint some person since
much of this will be done at the technical staff level, that could be a person
who can monitor this, that is a City of Miami employee. It's my hope that the
DDA staff and the CRA staff will work closely on in. But I think it's very,
very important, Mr. Manager, that a senior person, preferably a person with
either architectural, engineering or planning experience be designated, and
there will be a series of meetings, beginning as early as next week, with the
Marlin ownership and their technical people, not political meetings, but
meetings of technical staff to begin a process of what the requirements are.
Mr. Henry is very firm that he'd like to be in Bicentennial Park but he was also
open at listening to other recommendations, although he said, you know, we can
go through this, but my mind is already made up, but I am willing to allow the
staff to do that. And I wanted to report that because it may get reported in a
different context and I would hate to ambush any one. In that regard, I think
it's very important, Mr. Manager, that you do that.
231 January 13, 2000
Commissioner Teele: And finally, as it relates to the whole transportation
infrastructure thing, I would move that the Public Works Department and the
Planning and the appropriate departments, including budget, return to the
Commission within 30 days an ordinance that provides for an impact fee or
fund or a minimum requirements of resurfacing based upon work done on the
City right -of way as it relates to water, sewer, and fiber optic cables, and all of
the rest patterned after Coral Gables. I think, you know, we've discussed this;
we've talked about it. Gentlemen, the streets of Miami are being torn up by
billion dollar ($1,000,000,000) companies; billion dollar ($1,000,000,000)
companies laying their fiber optic lines and, quite frankly, they just sort of
patch it and leave it alone and we're left with it. In Coral Gables, it's my
understanding, if they tear up a strip; they've got to repave the entire street.
And I think, you know --
Commissioner Winton: I second the motion.
Commissioner Teele: We can insist on nothing less. We've Laid this out here
and I don't mean to be difficult to the technology industry, but we've just
simply got to protect our assets.
Vice Chairman Gort: We've discussed this several times. We mentioned that.
Commissioner Sanchez: Yes, this has been discussed.
Commissioner Teele: Yes, we've asked them to come --
Vice Chairman Gort: This is the problem we have throughout the whole City.
Commissioner Teele: Yes, we've asked them to come back but we've never
given them a deadline.
Commissioner Sanchez: Mr. Vice chair --
Commissioner Regalado: The thing that we have not follow up on the contract
with AT&T (American Telephone & Telegraph) and Media One and that is part
-- you see, they are doing the fiber optic construction, they are doing Hialeah
now and measuring Shenandoah and other parts of Miami. They are going to
come out and break a lot of streets.
Commissioner Teele: My friend, they are all over. They are right down -- they
have redone -- they've redone 2nd Avenue twice, right in front of the police
232 January 13, 2000
station.
Vice Chairman Gort: They are on Northwest 20th Street right now.
Commissioner Teele: And the point is, the Miami --
Vice Chairman Gort: Okay.
Commissioner Teele: The North River Drive. The point is is that we need to
look at this from a budget point of view, not from a Public Works point of
view. We need to look at this as a permit fee. We ought to have a big, hefty
permit fee for anybody to -pull it, to pull the permit. And second of all, we
ought to make sure that there is a calculation based upon the amount of damage
that they do, that they either shall pay a mitigation -- into a mitigation fund or
they will be required to redo the entire section or street. I don't mean bay
(phonetic) on both sides, but at least on half of the street. But they can't just
keep patching the streets.
Vice Chairman Gort: There is a motion and there is a second. All in favor state
by saying aye.
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-63
A MOTION INSTRUCTING THE CITY MANAGER TO
DIRECT THE APPROPRIATE DEPARTMENTS,
INCLUDING PUBLIC WORKS, PLANNING AND BUDGET,
TO WORK TOGETHER TO DRAFT AN ORDINANCE THAT
PROVIDES FOR IMPACT FEES OR MINIMUM
REQUIREMENTS FOR RESURFACING CITY OF MIAMI
RIGHT-OF-WAYS, BASED UPON WORK DONE BY
WATER AND SEWER, FIBER OPTIC CABLE COMPANIES,
ETC.; FURTHER DIRECTING THE MANAGER TO
PATTERN SAID PROPOSED ORDINANCE AFTER THE
CORAL GABLES' ORDINANCE.
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
233 January 13, 2000
Vice Chairman Gort: I have two pocket items.
Commissioner Sanchez: May I just -- on a similar note --
Vice Chairman Gort: Go ahead, sir.
Commissioner Sanchez: -- Mr. Manager, I would like for you to provide me
with a list of the status of all five of the major development sites that we have,
that's in Dinner Key, the Virginia Key, the Watson Island, Bicentennial Park,
and also Marine Stadium and what's the status? Are they out for R F P
(Request for Proposals)? What is the future plan of the City of Miami? Not
only me, but also the Commissioners, with the information.
Vice Chairman Gort: At this time, I have a pocket item for the Parks
Department. It's the Manager to execute an assignment of a professional
service agreement from the architectural firm of Duany, Plater-Zyberk, and
Company to -- Heisenbottle Architects for the purpose of providing the design,
construction plans and other professional services required for the Virrick
Community Center, Water Sports Center. Attached is a copy of the City
Manager's recommendation. You all have a copy. Do I have a motion?
Commissioner Teele: So moved.
Commissioner Winton: Second.
Vice Chairman Gort: Is there a second? Moved and second. Any discussion?
Being none, all in favor state by saying aye.
234 January 13, 2000
•
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-64
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ASSIGNMENT OF A PROFESSIONAL SERVICES
AGREEMENT FROM THE ARCHITECTURAL FIRM OF
DUANY, PLATER-ZYBERK AND COMPANY TO R. J.
HEISENBOTTLE ARCHITECTS, P.A., IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO PROVIDE
THE DESIGNS, CONSTRUCTION PLANS AND OTHER
PROFESSIONAL SERVICES REQUIRED FOR THE
VIRRICK COMMUNITY CENTER WATER SPORTS
CENTER, PROJECT NO. 333124.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: I also have a resolution to discuss the Department's
recommendation, the administration, which is a resolution authorizing the
funding of Boys and Girls Club of Miami, Inc., in an amount not to exceed a
hundred thousand dollars ($100,000); allocating funds therefore from the Law
Enforcement Trust Fund; such expenditure having been certified by the Chief of
Police, as a comply with the U.S. Department of the Treasury's "Guide to
Equitable Sharing" and Florida Statute 932.7055, as amended.
Commissioner Teele: So moved, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor state by
saying "aye."
235 January 13, 2000
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-65
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE FUNDING OF THE BOYS & GIRLS
CLUB OF MIAMI, INC., IN AN AMOUNT NOT TO EXCEED
$100,000; ALLOCATING FUNDS THEREFORE FROM THE
LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS
690001, 690002, AND 690003, SUCH EXPENDITURE
HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS
COMPLYING WITH THE U.S. DEPARTMENT OF THE
TREASURY'S "GUIDE TO EQUITABLE SHARING," AND
FLORIDA STATE STATUTE 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank You. Do I have a motion to adjourn?
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Teele: Two points. The Martin Luther King Parade is this
coming Monday. The parade has -- is seeking to get as many Commissioners
and public participation. I wanted to make sure that we could authorize the use
of golf carts as a part of that in kind to the extent that we have that and I know
that it's permissible, Mr. Manager, but I did understand that they were short --
Vice Chairman Gort: Are we going to be in golf carts?
236 January 13, 2000
Commissioner Teele: No, not us, but as a part of the in kind package.
Mr. Donald Warshaw (City Manager): Yes, we have them.
Commissioner Teele: The use of golf cart. But your staff, if you have any
questions, your staff can contact on my staff and we'll arrange cars or whatever.
Commissioner Regalado: What time?
Commissioner Teele: What time?
Vice Chairman Gort: You have to meet at 10:00 at 10th Avenue and 54th Street.
Commissioner Sanchez: 10th and 54th?
Vice Chairman Gort: Yes. There is a breakfast also for the role models at 8
o'clock in the morning, at the Continental.
Commissioner Teele: There is a breakfast at 8 o'clock or 8:30 for the role
models and that -- and the parade is normally held until that breakfast is over.
Mr. Warshaw: It wasn't last year.
Commissioner Teele: That's at the Intercontinental.
Mr. Warshaw: They didn't wait last year.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 8:33 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
JO.ECAROLLO
MAYOR
(SEAL)
237 January 13, 2000