HomeMy WebLinkAboutCC 2000-04-27 MinutesCITY OF MIAMI
COMMISSION
MEETING
MINUTES
OF MEETING HELD ON APRIL 27, 2000
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
ITEM NO.
INDEX
MINUTES OF COMMISSION MEETING
April 27, 2000
SUBJECT
LEGISLATION
1. ANNOUNCEMENT: 6 P.M. DISCUSSION RE ELIAN 04/27/00
GONZALEZ, DEMONSTRATIONS, COMPLAINTS DISCUSSION
ABOUT POLICE DEPARTMENT [SEE SECTION # 22, 1-4
#53, #55]
2. CONSENT AGENDA
2.1. ACCEPT BID OF PARKER SOD LANDSCAPE
CENTER, FOR PROVISION AND INSTALLATION
OF SOD, FOR DEPARTMENT OF PARKS AND
RECREATION, $27,014.40, ALLOCATE FUNDS
FROM DEPARTMENT OF PARKS AND
RECREATION OPERATING BUDGET.
2.2 ACCEPT BID OF PHILCORP LANDSCAPE, INC.,
FOR PURCHASE OF HERBICIDE, FOR
DEPARTMENT OF PARKS AND RECREATION,
$14,000; ALLOCATE FUNDS FROM DEPARTMENT
OF PARKS AND RECREATION OPERATING
BUDGET.
2.3. ACCEPT BID OF SOIL TECH DISTRIBUTORS,
INC., FOR PURCHASE OF RED CLAY AND
SILICA SAND, FOR DEPARTMENT OF PARKS AND
RECREATION, $18,082.50; ALLOCATE FUNDS
FROM DEPARTMENT OF PARKS AND
RECREATION OPERATING BUDGET.
04/27/00
DISCUSSION
5
04/27/00
R-00-331
6
04/27/00
R-00-332
6
04/27/00
R-00-333
7
2.4 ACCEPT BID OF LASER LAVELING, INC., FOR 04/27/00
PURCHASE OF LASER GRADING SYSTEM, R-00-334
$15,543; ALLOCATE FUNDS FROM DEPARTMENT 7
OF PARKS AND RECREATION OPERATING
BUDGET
2.5 ACCEPT BID OF VISION BUILDING SOLUTIONS, 04/27/00
L.L.C., FOR PURCHASE OF OFFICE TRAILER, R-00-335
$18,398; ALLOCATE FUNDS FROM DEPARTMENT 8
OF POLICE GENERAL OPERATING BUDGET.
2.6
APPROVE PROCUREMENT OF PLASTIC
04/27/00
STORAGE BINS FROM ADAPTO STORAGE
R-00-336
PRODUCTS, AWARDED UNDER MIAMI-DADE
8
COUNTY CONTRACT, . FOR DEPARTMENT OF
POLICE, $9,544.80; ALLOCATE FUNDS FROM
POLICE GENERAL OPERATING BUDGET:
2.7
APPROVE PROCUREMENT OF FORD PICK UP
04/27/00
TRUCK, FROM MACHADO FORD, $19,307,
R-00-337
ALLOCATE FUNDS FROM STOP ACTIVE
9
VANDALISM EVERYWHERE GRANT
2.8
APPROVING PROCUREMENT OF RISOGRAPH
04/27/00
DIGITAL DUPLICATOR, FROM RISO, INC.,
R-00-338
$27,843, AWARDED UNDER STATE OF FLORIDA
9
CONTRACT, FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION; ALLOCATE FUNDS
FROM GENERAL SERVICES ADMINISTRATION,
GRAPHICS REPRODUCTION DIVISION.
2.9
APPROVE PROCUREMENT AND INSTALLATION
04/27/00
OF PLAYGROUND EQUIPMENT AT VARIOUS
R-00-339
PARKS, AWARDED UNDER MIAMI-DADE
10
COUNTY CONTRACT, FOR DEPARTMENT OF
PARKS AND RECREATION, $208,690; ALLOCATE
FUNDS FROM SAFE NEIGHBORHOOD PARK BOND
FUNDS AS APPROPRIATED BY ORDINANCE NOS.
11705 AND 11839, THE ANNUAL APPROPRIATIONS
AND CAPITAL IMPROVEMENT PROJECTS
ORDINANCES.
2.10 APPROVE PROCUREMENT OF ELGIN PELICAN
04/27/00
MODEL `P' STREET SWEEPER (HYDRAULIC)
R-00-340
FROM VANTAGE EQUIPMENT COMPANY,
10
$94,358, AWARDED UNDER CITY OF ST.
AUGUSTINE, FLORIDA BID FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION TO BE
USED BY SOLID WASTE; ALLOCATE FUNDS FROM
SOLID WASTE CAPITAL IMPROVEMENT PROJECT.
2.11 AUTHORIZE CONTRIBUTION TO
04/27/00
RECAPTURING THE VISION, FOR THE "RAISE
R-00-341
THE STANDARD" BENEFIT CONCERT, .. AND
11
ALLOCATE FUNDS, $7,500, FROM LAW
ENFORCEMENT TRUST FUND.
2.12 APPROVE PROCUREMENT OF MODULAR
04/27/00
BREATHING AIR COMPRESSOR FROM
R-00-342
BREATHING AIR SYSTEMS, AWARDED UNDER
11
CITY OF BOYNTON BEACH, $32,444.64, PLUS
$3,000 FOR ELECTRICAL WORK, FOR A. TOTAL
AMOUNT OF $35,444.64, FOR DEPARTMENT OF
FIRE -RESCUE; ALLOCATE FUNDS FROM CAPITAL
IMPROVEMENT PROJECT, FUNDED BY FIRE
ASSESSMENT.
3. PRESENTATIONS: TAKE YOUR DAUGHTER TO
WORK DAY.
4. FIRST READING ORDINANCE: AMEND CODE
SECTION 54-190 "STREETS AND
SIDEWALKS/BASE BUILDING
LINES/NONSTANDARD STREET WIDTHS," TO
MODIFY WIDTH OF N.W. 2ND AVENUE
BETWEEN N.W. 8TH STREET AND N.W. 9TH
STREET.
04/27/00
PRESENTATION
12
04/27/00
FIRST READING
ORDINANCE
13-14
5. FIRST READING ORDINANCE: AMEND CODE
04/27/00
CHAPTER 40/ARTICLES IV/DIVISION 39
FIRST READING
"PENSION AND RETIREMENT PLAN,"
ORDINANCE
PROVIDING THAT CERTAIN EMPLOYMENT
15-16
CATEGORIES SHALL BE PERMITTED TO
REJECT MEMBERSHIP IN THE CITY OF MIAMI
GENERAL' EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST.
6. AUTHORIZE MANAGER I TO NEGOTIATE,
04/27/00
EXECUTE EXTENSION TO USE AGREEMENT,
R-00-343
WITH TOWER ART CENTER AT LATIN
17-18
QUARTER, INC., FOR CONTINUED USE OF
TOWER THEATER AT 1508 S.W. 8TH STREET.
7. EMERGENCY ORDINANCE: AMEND SECTION 6
04/27/00
OF ORDINANCES 11705 AND 11839, TO REVISE A
ORDINANCE
PREVIOUSLY APPROVED CAPITAL
NO. 11918
IMPROVEMENT PROJECT AND TO ADD A NEW
19-20
CAPITAL IMPROVEMENT PROJECT TO BEGIN
DURING FISCAL YEAR 1999-2000.
8. APPROVE .THE PROCUREMENT OF TWO (2)
04/27/00
COMPLETE PURE VACUUM STREET SWEEPERS,
R-00-344
ELGIN GEO-VAC SERIES `Y', FROM VANTAGE
21-22
EQUIPMENT COMPANY, AT A TOTAL AMOUNT
NOT TO EXCEED $2809938, FOR THE
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION TO BE USED BY THE
DEPARTMENT OF SOLID WASTE.
9. AUTHORIZE THE CITY MANAGER TO EXECUTE
04/27/00
A MEMORANDUM OF AGREEMENT BETWEEN
R-00-345
THE CITY OF MIAMI, MIAMI RIVER PARK
23-27
ASSOCIATES, LTD., AND THE STATE OF
FLORIDA'S DIVISION OF HISTORIC
RESOURCES, TO ALLOW FOR THE
CONSTRUCTION OF THE PROPOSED MIAMI
RIVER PARK APARTMENTS PROJECT IN
ACCORDANCE WITH THE PROVISIONS OF
SECTION 106 OF THE NATIONAL HISTORIC
PRESERVATION ACT OF 1966.
ol 0
10.
CONVEY FIVE (5) .CITY -OWNED VACANT
04/27/00
PARCELS TO RAFAEL HERNANDEZ HOUSING
R-00-346
AND ECONOMIC DEVELOPMENT
28-29
CORPORATION FOR CONSTRUCTION OF SIX (6)
NEW SINGLE FAMILY HOMES FOR PURCHASE
BY LOW AND MODERATE INCOME FAMILIES;
GRANTING A TWELVE (12) MONTH EXTENSION,
FROM APRIL 25, 2000 TO APRIL 25, 2001, TO
COMPLETE CONSTRUCTION AND SALE OF THE
REMAINING. FIVE (5) SINGLE FAMILY HOMES
PLANNED. IN THE ALLAPATTAH
NEIGHBORHOOD.
11.
AMEND RESOLUTION NO. 00-90, WHICH
04/27/00
AUTHORIZED MANAGER TO ALLOCATE
R-00-347
$742,000 IN STATE HOUSING INITIATIVES
30-31
PARTNERSHIP PROGRAM FUNDS, TO REFLECT
THE LEGAL NAME OF THE DEVELOPER
AWARDED FUNDS ($342,000) IN CONNECTION
WITH THE FINANCING OF THE PROPOSED
BISCAYNE EAST TOWNHOMES PROJECT
PLANNED IN THE EDISON-LITTLE RIVER
NEIGHBORHOOD.
12.
AUTHORIZE MANAGER TO, EXECUTE
04/27/00
AGREEMENT SUBJECT TO APPROVAL OF THE
R-00-348
OFFICE OF SAFE NEIGHBORHOODS PARKS BOND
32-33
PROGRAM, WITH BELAFONTE TACOLCY
CENTER, INC., ("BTC"), FOR IMPLEMENTATION
OF CAPITAL IMPROVEMENT SERVICES
ASSOCIATED WITH RENOVATION OF CITY'S
BTC .FACILITY ($150,000); ALLOCATING FUNDS
FROM CITY'S GRANT FROM SAFE
NEIGHBORHOOD PARKS BOND PROGRAM, AS
PREVIOUSLY APPROVED THROUGH CITY
RESOLUTION NO. 98-1109.
13.
AUTHORIZE $282,000 IN APPLICATIONS TO
04/27/00
MIAMI-DADE COUNTY AS DESIGNATED UNDER
R-00-349
SAFE NEIGHBORHOOD PARK BOND PROGRAM
34-35
INTEREST EARNINGS ALLOCATION.
14. ACCEPT PLAT ENTITLED RASOOL MALIK 04/27/00
SUBDIVISION. R-00-350
36-37
ti
15. ACCEPT BID OF MIRI CONSTRUCTION INC. FOR 04/27/00
THE PROJECT ENTITLED "SW 32 AVENUE R-00-351
PAVING PROJECT, B-4614" ($332,977.75); 38-39
ALLOCATING FUNDS FROM ORDINANCE NOS.
11705, AND 11839, THE ANNUAL APPROPRIATIONS
AND CAPITAL IMPROVEMENT PROJECTS
ORDINANCES.
16. AUTHORIZE MANAGER TO ACCEPT GRANTS 04/27/00
FROM FEDERAL EMERGENCY MANAGEMENT R-00-352
AGENCY (".FEMA") AND. STATE OF FLORIDA 40-41
DEPARTMENT OF COMMUNITY AFFAIRS, IN
ESTIMATED AMOUNTS OF $225,000 AND $37,500
FOR ORANGE BOWL DRAINAGE PROJECT,
FEMA PROJECT 1204-0020; AUTHORIZING
MANAGER TO EXECUTE AGREEMENT.
17. AMEND RESOLUTION NO. 99-285, WHICH 04/27/00
APPROVED THE FINDINGS OF THE EVALUATION R-00-353
COMMITTEE THAT LAW ENFORCEMENT 42-43
PSYCHOLOGICAL AND COUNSELING ASSOCIATES,
INC., PROVIDE PRE-EMPLOYMENT
PSYCHOLOGICAL SCREENING AND
PSYCHOLOGICAL COUNSELING SERVICES TO THE
DEPARTMENT OF POLICE, TO REFLECT AN
AMOUNT NOT TO EXCEED $217,000 ANNUALLY.
18. AUTHORIZE MANAGER TO ACCEPT 30% OF THE 04/27/00
PROCEEDS OF THE SALE OF PROPERTY R-00-354
LOCATED AT: 14590=92 SOUTHWEST. 264 44-46
STREET, 26431-31 SOUTHWEST 146 COURT AND
26421-23 SOUTHWEST 146 COURT, NARANJA,
FLORIDA, FOR SETTLEMENT CASE: CITY
NATIONAL BANK VS. CHRISTIAN COMMUNITY
SERVICES AGENCY.
19. AUTHORIZE OSCAR ORTIZ SETTLEMENT. 04/27/00
R-00-355
47-50
20. A) AUTHORIZE MANAGER TO ENTER INTO 04/27/00
CONTRACTS, WITH FIRMS OF HANIFEN-IMOFF, R-00-356
INC., DUNLAP AND FIDELITY, JOINT VENTURE, M-00-357
AND DAIN RAUSCHER FOR FINANCIAL 51-55
ADVISORY SERVICES.
(B) DIRECT MANAGER TO SELECT ONE OF THE
THREE FIRMS CURRENTLY UNDER CONTRACT
FOR FINANCIAL ADVISORY SERVICES TO THE
CITY, TO CARRY OUT AS HIGH PRIORITY
INSTRUCTIONS GIVEN BY COMMISSION RELATED
TO THE KNIGHT CENTER, AND PROVIDE A
REPORT TO COMMISSION.
21. BRIEF COMMENTS . CONCERNING 04/27/00
COMMISSIONERS SERVING AS MEMBERS OF DISCUSSION
BOARDS (SEE 423). 56
22. BRIEF COMMENTS MADE BY COMMISSIONER 04/27/00
TEELE REGARDING ELIAN GONZALEZ DISCUSSION
DEMONSTRATIONS DISCUSSION- TABLED 57-58
UNTIL 6:00 P.M. (SEE # 1).
23. DISCUSSION CONCERNING THE .TERMS OF 04/27/00
COMMISSIONERS AS MEMBERS OF BOARDS DISCUSSION
(SEE #21). 59-60
24. COMMISSIONER SANCHEZ CONGRATULATES 04/27/00
SOLID WASTE AND PUBLIC WORKS DISCUSSION
DEPARTMENTS ON PROMPT CLEANUP OF 61
STREETS.
25. BRIEF COMMENTS MADE BY GORT 04/27/00
RECOGNIZING EMPLOYEE OF THE YEAR MARY DISCUSSION
'LECKBAND OF HUMAN RESOURCES. 62
26. A) DISCUSSION CONCERNING FUNDS FOR' 04/27/00
SIDEWALK REPAIR-PRIORITES. DISCUSSION
63-67
(B) REQUEST STUDY OF TRAFFIC FLOW
AROUND AMERICAN AIRLINES ARENA.
27. DISCUSSION CONCERNING PROPOSED 04/27/00
CHILDREN'S MUSEUM. DISCUSSION
68
28. DISCUSS AND DEFER CONSIDERATION OF 04/27/00
REGULATIONS FOR NEWSRACKS IN THE PUBLIC DISCUSSION
RIGHT OF WAY. 69
29. DIRECTING MANAGER TO DEVELOP A 04/27/00
PROCESS WITH SPECIFIC OBJECTIVE R-00-358
CRITERIA, TO RECOGNIZE BUSINESSES THAT 70-72
HAVE IMPROVED THE LIVES OF THE CITIZENS
OF MIAMI, FURTHER DIRECTING' SAID
RECOMMENDATIONS BE PRESENTED TO CITY
COMMISSION SO THAT ONE BUSINESS A MONTH
MAY BE DESIGNATED AS THE `BUSINESS OF THE
MONTH."
30. COMMISSIONER REGALADO, AS CHAIRMAN OF 04/27/00
THE ECONOMIC DEVELOPMENT COMMITTEE, TO R-00-359
PARTICIPATE IN NEGOTIATIONS WITH THE PORT 73-75
OF MIAMI REGARDING PORT EXPANSION ON
WATSON ISLAND.
31. DIRECT MANAGER TO INCLUDE IN CITY OF 04/27/00
MIAMI PRESS RELEASES NAMES OF THE DISCUSSION
MAYOR AND CITY COMMISSIONERS, AND TO 76
SEEK INPUT OF MAYOR AND CITY
COMMISSIONERS WHEN DISSEMINATING
INFORMATION TO THE MEDIA.
32. DIRECT MANAGER TO UTILIZE MEDIA 04/27/00
RELATIONS AND NET 9 TO HIGHLIGHT R-00-360
ACCOMPLISHMENTS OF COMMISSIONERS IN 77-78
THEIR DISTRICTS, "MEET YOUR DISTRICT
COMMISSIONER."
33. A) DISCUSSION CONCERNING THE MONTHLY 04/27/00
FINANCIAL REPORT INCLUDING BUDGET DISCUSSION
OUTLOOK AND FINANCIAL UPDATE 79-85
COMMENTS REGARDING PARKING
SURCHARGE.
(B) INSTRUCT MANAGER TO FILE A REPORT
TO STATE GOVERNMENT OFFICIALS IN
TALLAHASSEE, FLORIDA, I.E., GOVERNOR,
SPEAKER OF THE HOUSE, AND PRESIDENT OF
THE SENATE IN CONNECTION WITH CITY'S
COMPLIANCE WITH STATE STATUTES
PERTAINING TO USE OF FUNDS GENERATED BY
PARKING SURCHARGE; ENCOURAGING
ADMINISTRATION TO DEVELOP AGGRESSIVE
PROGRAM TO CONTEST AND CONTINUE
ADJUDICATION BEFORE THE VALUE
ADJUSTMENT BOARD, AND PROVIDE
COMMISSION WITH REPORT ON SAME.
(C) BRIEF COMMENTS REGARDING BERTHA
HENRY LEAVING TO BROWARD AS DEPUTY
COUNTY MANAGER.
PROCLAMATION RECOGNIZING BERTHA
HENRY'S TALENT, DEDICATION AND
EXEMPLARY WORK AS ASSISTANT CITY
MANAGER.
34. CONSIDER CREATING SPECIAL PARKING 04/27/00
DISTRICT FOR AREA BOUNDED BY N.W. IITH DISCUSSION
STREET, 12TH AVENUE, 7TH AVENUE AND THE 86-87
MIAMI RIVER, PERHAPS SYSTEM OF DECALS, TO
ADDRESS EXISTING PARKING PROBLEMS
AROUND JACKSON HOSPITAL.
35. BRIEF COMMENTS MADE BY COMMISSIONER 04/27/00
TEELE REGARDING ARENA DOCKAGE DISCUSSION
EXTENSION. 88
r •
36.
AUTHORIZE MANAGER TO EXECUTE MUTUAL
04/27/00
AID AGREEMENT BETWEEN THE CITY - AND
R-00-361
BROWARD COUNTY SHERIFF'S OFFICE FOR
89-92
PURPOSE OF RENDERING MUTUAL LAW
ENFORCEMENT ASSISTANCE.
37.
GSA (GENERAL SERVICES ADMINISTRATION)
04/27/00
DEPARTMENTAL PRESENTATION BY DEAN DE
PRESENTATION
JONG (SEE #49).
93-97
38.
APPROVE CLOSURE OF PORTION OF THE
04/27/00
RIGHT-OF-WAY OF YALE AVENUE (AKA NW
R-00-362
MIAMI COURT) BETWEEN NW 15TH AND 16TH
98-99
STREET TO ALLOW A UNIFIED SITE FOR THE
EXISTING RESCUE MISSION (APPLICANT (S):
COMMUNITY PARTNERSHIP FOR HOMELESS,
INC.)
39.
APPROVE SPECIAL EXCEPTION TO ALLOW
04/27/00
SURFACE PARKING TO SERVE THE
R-00.-363
ABUTTING DISTRICT FOR THE PROPERTIES
100-103
LOCATED AT 3640/3652 SW 22ND STREET AND
3633/3665 SW 22ND TERRACE TO SERVE
ADJACENT COMMERCIAL DEVELOPMENT.
(APPLICANT (S): II PALLAZZO, INC. OWNER
AND EXTENDED STAY AMERICA, CONTRACT
PURCHASER)
40.
CONTINUE PROPOSED CLOSURE OF PORTION OF
04/27/00
N.W. 4TH STREET BETWEEN NORTH MIAMI
M-00-364
AVENUE AND N.W. 1ST AVENUE TO ALLOW
104-105
CONSTRUCTION OF NEW FEDERAL COURTHOUSE.
41.
APPROVE CLOSURE OF PORTION OF NE 63RD
04/27/00
STREET, EAST OF BISCAYNE BOULEVARD
R-00-365
FOR THE PROPERTY LOCATED AT
106-107
APPROXIMATELY 6301 BISCAYNE
BOULEVARD TO ALLOW A UNIFIED
COMMERCIAL DEVELOPMENT
(APPLICANT (S): ATLANTIC PROPERTIES
ASSOCIATES, LTD.)
42. SECOND READING ORDINANCE: AMEND
ORDINANCE 10544, THE COMPREHENSIVE
NEIGHBORHOOD PLAN, BY CHANGING
LAND USE DESIGNATION AT 300-350 SOUTH
MIAMI AVENUE, 18-62 SW 3RD STREET, AND
"s 24-75 SW 4TH STREET FROM "OFFICE" AND
' "CENTRAL BUSINESS DISTRICT" TO
"RESTRICTED COMMERCIAL" TO ALLOW A
UNIFIED COMMERCIAL DEVELOPMENT.
(APPLICANT (S): MIAMI TRADE CENTER
ASSOCIATES, INC. AND STEPHEN MUSS,
OWNERS, AND HARVEY TAYLOR, CONTRACT
PURCHASER)
43. SECOND READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 CHANGE
DESIGNATION AT 300-350 SOUTH MIAMI
AVENUE, 18-62 SW 3RD STREET, AND 24-75 SW
4TH STREET FROM O OFFICE TO SR -6
CENTRAL COMMERCIAL RESIDENTIAL
DISTRICT TO ALLOW A UNIFIED
COMMERCIAL DEVELOPMENT. (APPLICANT
(S): MIAMI TRADE CENTER ASSOCIATES, INC.
AND STEPHEN MUSS, OWNERS, AND HARVEY
TAYLOR, CONTRACT PURCHASER)
44. FIRST READING ORDINANCE: AMEND ZONING
ORDINANCE 11000, APPROVE CHANGE OF
ZONING IN ORDER TO ADD SD -12 BUFFER
OVERLAY DISTRICT FOR AREAS OF NW. 16
AVENUE AND NW 55TH STREET, NW 55TH
TERRACE, NW 56TH STREET, NW 57TH S'T'REET,
NW 58TH STREET, NW 58TH TERRACE, NW 17TH
AVENUE AND NW 61ST STREET TO FACILITATE
FUTURE SURFACE PARKING . FOR
COMMERCIAL DEVELOPMENT BY SPECIAL
EXCEPTION. (APPLICANT (S): CITY OF MIAMI
PLANNING AND ZONING DEPARTMENT)
04/27/00.
ORDINANCE
NO. 11919
108-109
04/27/00
ORDINANCE
NO. 11920
110-111
04/27/00
FIRST
READING
ORDINANCE
112-114
45. SECOND READING ORDINANCE: AMEND
ZONING ORDINANCE 11000, TO REMOVE
LIMITATION ON SIZE OF GROCERY STORES
AS PRINCIPAL USES WITHIN SD -6 "CENTRAL
COMMERCIAL -RESIDENTIAL DISTRICT" TO
REMOVE THE 2,000 SQUARE FOOTAGE
LIMITATION FOR GROCERY STORES
WITHIN SD -6 DISTRICT. (APPLICANT (S):
CITY OF MIAMI PLANNING AND ZONING
DEPARTMENT). .
46. SECOND READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 TO MODIFY
PARKING PROVISIONS FOR CBD, SD -5
(BRICKELL AVENUE AREA OFFICE -
RESIDENTIAL DISTRICT"), SD -6 (CENTRAL
COMMERCIAL RESIDENTIAL DISTRICT")
AND SD -7 ("CENTRAL BRICKELL RAPID
TRANSIT COMMERCIAL -RESIDENTIAL
DISTRICT") ZONING DISTRICTS TO MODIFY
PARKING REQUIREMENTS WITHIN THE
DOWNTOWN AREA. (APPLICANT (S): CITY OF
MIAMI PLANNING AND ZONING DEPARTMENT)
47. SECOND READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 TO MODIFY
PARKING REQUIREMENTS FOR R-3 AND R-4
ZONING CLASSIFICATIONS AND ADD
LANGUAGE REQUIRING ADDITIONAL
PARKING FOR ONE BEDROOM UNITS WITH
ADDITIONAL SPACE (S) WHICH CAN
ACCOMMODATE ADDITIONAL BEDROOM.(S)
TO MODIFY PARKING REQUIREMENTS IN R-3
AND R-4 DISTRICTS TO ENSURE SUFFICIENT
PARKING TO MEET THE NEEDS OF
RESIDENTIAL PROJECTS. (APPLICANT (S):
CITY OF MIAMI PLANNING AND ZONING
DEPARTMENT)
04/27/00
ORDINANCE
NO. 11921
115-116
04/27/00
ORDINANCE
NO. 11922
117-118
04/27/00
ORDINANCE
NO. 11923
119-120
48.
FIRST READING ORDINANCE: AMEND CODE
04/27/00
SECTION 35-224 "SCHEDULE OF FEES AND
FIRST
CHARGES", TO CLARIFY LANGUAGE TO
READING
REFLECT ORIGINAL INTENT AND ACTUAL
ORDINANCE
BILLING PRACTICES REGARDING FEES FOR
121-124
COCONUT GROVE PARKING IMPROVEMENT
TRUST FUND. (APPLICANT (S): CITY OF MIAMI
PLANNING AND ZONING DEPARTMENT)
49.
DEVELOP PROGRAMS WITHIN CITY
04/27/00
DEPARTMENTS WHICH PROVIDE EMPLOYEES
DISCUSSION
WITH INCENTIVES TO SAVE THE CITY MONEY --
125-132
URGE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION TO TAKE ADVANTAGE OF SUN
PASSES TO COVER RICKENBACKER TOLL COSTS
FOR CITY VEHICLES CONDUCTING BUSINESS IN
VIRGINIA KEY (SEE #37).
50.
(A) BRIEF COMMENTS BY WINTON REGARDING
04/27/00
BELLSOUTH NETWORK ACCESS POINT E-MAIL
DISCUSSION
BETWEEN U.S. AND LATIN AMERICA (SEE #54).
132-135
(B) BRIEF COMMENTS BY TEELE AND SANCHEZ
REGARDING EMPOWERMENT ZONES.
51.
DENY PROPOSED FIRST READING ORDINANCE TO
04/27/00
AMEND ORDINANCE 10544 TO CHANGE LAND USE
M-00-366
DESIGNATION AT 3535 EAST FAIRVIEW STREET
136-140.
AND 3520 HIAWATHA AVENUE FROM SINGLE
FAMILY RESIDENTIAL TO DUPLEX RESIDENTIAL.
52.
DENY PROPOSED FIRST READING ORDINANCE TO
04/27/00
AMEND ZONING ORDINANCE 11000, TO CHANGE
M-00-367
CLASSIFICATION AT 3.535 EAST FAIRVIEW STREET
141-142
AND 3520 HIAWATHA AVENUE FROM R -I SINGLE
FAMILY RESIDENTIAL TO R-2 TWO-FAMILY
RESIDENTIAL.
53.
BRIEF COMMENT BY GORT ANNOUNCING
04/27/00
DELAY UNTIL 6:30 P.M. TO DISCUSS ELIAN
DISCUSSION .
GONZALEZ DEMONSTRATIONS (SEE #1, #22, #55).
143-144
54. DETERMINATION OF USE REGARDING A NETWORK 04/27/00
ACCESS POINT FACILITY; DIRECTING LEGISLATION R-00-368
FOR THE CODIFICATION OF SUCH DETERMINATION 145-146
BE PRESENTED TO THE PLANNING ADVISORY
BOARD.
55. (A) DONALD WARSHAW REMOVED FROM CITY 04/27/00
MANAGER POSITION BY MAYOR CAROLLO. DISCUSSION
147-267
(B) DISCUSSION RE POLICE DEPARTMENT'S
ACTIONS - ALLEGED ABUSE DURING
DEMONSTRATIONS OF PROTEST CONCERNING
REMOVAL OF ELIAN GONZALEZ FROM LITTLE
HAVANA RESIDENCE.
(C) CREATE COMMITTEE TO INVESTIGATE -
GRANT SUBPEONA POWER.
(D) DONALD WARSHAW FAREWELL SPEECH.
(E) COMMENTS BY GRISEL YBARRA AND
OTHERS OF ALLEGED EXCESSIVE FORCE USED
BY POLICE. (SEE #1, #22, #55)
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th day of April 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 Gort, with the
following members of the Commission found to be present:
Commissioner Wifredo Gort (District 1)
Johnny L. Winton (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado (District 4)
ABSENT
Commissioner Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Donald Warshaw, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Sylvia Lowman, Assistant City Clerk
Vice Chairman Gort: I got a call from the Mayor today, and he asked me to place
anything to deal with this case that had taken place, with Elian's case, we'll take it
up at 6 o'clock this afternoon.
[At this point, Vice Chairman Gort addressed the audience in Spanish.]
Vice Chairman Gort: OK?
Commissioner Regalado: Mr. Chairman?
1 April 27, 2000
Vice Chairman Gort: Yes.
Commissioner Regalado: I think that, the benefit of the Mayor, we should
comply over here at six, but I think that this is an urgent matter, and I would call
on the people — I would apologize to the people that are here because I understand
that some people were saying to come here to City Hall this morning. I, myself,
said, on the radio, that I believe the people, should be here this morning, and I
apologize to the people. As a courtesy to the Mayor, I am going to be here. But
what I want to say is, Mr. Chairman that I am willing to stay here as long as it
takes, the hours or the days that it takes to resolve this situation of police abuse in
the City of Miami.
[Applause]
Vice Chairman Gort: The reason the Mayor requested this is because some
matters are taking place right now and I think it's very important that we do this at
6 o'clock. And like Commissioner Regalado stated, all of us, we feel we're going
to be here as long as necessary to take care of this item and all of you will be able
to speak.
[At this point, Vice Chairman Gort addressed audience in Spanish]
Mr. Daniel Paula: Can I say something?
Vice Chairman Gort: Your name and address.
Mr. Paula: Daniel Paula. Address 14351 Southwest 143RD Terrace. Yes, you
mentioned that this has to do with the Elian matter. This does not have to do .with
Elian matter. It has to do with police brutality. That's why we're here.
[Applause]
Vice Chairman Gort: I understand. Sir?
Mr. Paula: So, you know...
Vice Chairman Gort: Sir?
Mr. Paula: -- make yourself clear.
Vice Chairman Gort: Sir, I was requested by the Mayor, and my respecting the
Mayor and the Commissioners here, we're going to come back at 6 o'clock and
we're going to discuss the police matter. Yes.
Mr. Paula: But I really would like for you to say not Elian, to deal with the police
brutality.
2 April 27, 2000
Vice Chairman Gort: Yes.
Mr. Paula: People are not here because of Elian. People are here because of
police brutality.
[Applause]
Vice Chairman Gort: Excuse me. Excuse me. Excuse me. Excuse me. I know
why you're all here, and we'll discuss it later on. Thank you. Can we have now
the...
Mr. Jorge Armada: Excuse me. Why can't we express our opinion? We're
taxpayers...
Vice Chairman Gort: Your name and address.
Mr. Armada: My name is Jorge Armada.
Vice Chairman Gort: Uh-huh.
Mr. Armada: The address is 3585 Southwest 15TH Street.
Vice Chairman Gort: Uh-huh.
Mr. Armada: 4011 West Flagler Street.
Vice Chairman Gort: Right.
Mr. Armada: 330 Southwest 27TH Avenue. I own...
Vice Chairman Gort: Sir, I was requested by the Mayor —
Mr. Armada: OK.
Vice Chairman Gort: -- to please not to hear anything with police brutality at this
time; to wait until 6 o'clock.
Mr. Armada: It's just that...
Vice Chairman Gort: And I'm asking you, respectfully — and there's a good
reason why we're asking for this, believe me, OK.
Commissioner Sanchez: There's a good reason.
Mr. Armada: All right.
3 April 27, 2000
C]
•
Vice Chairman Gort: We'll be here at six and we'll be here until tomorrow night
if we have to.
Commissioner Sanchez: It will be heard today.
Mr. Armada: I'm going to deposit my confidence in you, but there's been a
trap...
Vice Chairman Gort: You'll be here and you'll be able to talk tomorrow. You'll
be able to talk all you want.
[Applause]
Vice Chairman Gort: OK. Please.
[At this point, Vice Chairman Gort addressed audience in Spanish]
Vice Chairman Gort: Now, will you all stand for the invocation and the pledge of
allegiance. You do the pledge. I'll do the invocation.
An invocation was delivered by the Vice Chairman Gort, followed by Commissioner
Sanchez leading those present in a pledge of allegiance to the flag.
s
4 April 27, 2000
•
Vice Chairman Gort: What items are we pulling today?
Mr. Donald Warshaw (City Manager): CA -14.
Vice Chairman Gort: CA -14?
Mr. Warshaw: Yes, sir.
Vice Chairman Gort: Any one item in the Consent Agenda that wants to be
pulled by the Commissioners? Any one item?
Commissioner Sanchez: Hearing none, so move CA items.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: 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 COMMISSIONER
SANCHEZ AND SECONDED BY COMMISSIONER
REGALADO, THE CONSENT AGENDA ITEMS WERE
PASSED 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.
5 April 27, 2000
•
RESOLUTION NO. 00-331
•
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF PARKER SOD LANDSCAPE CENTER, PURSUANT TO
INVITATION FOR BIDS NO.99-00-098, FOR THE PROVISION AND
INSTALLATION OF SOD, FOR THE DEPARTMENT OF PARKS
AND RECREATION, AT AN ANNUAL AMOUNT NOT TO EXCEED
$27,014.40, ON AN AS NEEDED CONTRACT BASIS FOR ONE (1)
YEAR WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF PARKS AND
RECREATION OPERATING BUDGET ACCOUNT CODE NO.
001000-580302.6.717.
RESOLUTION NO. 00-332
A RESOLUTION OF THE, MIAMI CITY COMMISSION
ACCEPTING THE BID OF PHILCORP LANDSCAPE, INC.,
PURSUANT TO INVITATION FOR BIDS NO. 99-00-084, FOR THE
PURCHASE OF HERBICIDE, FOR THE DEPARTMENT OF PARKS
AND RECREATION, AT AN ANNUAL AMOUNT NOT TO
EXCEED $14,000, ON AN AS NEEDED CONTRACT BASIS FOR
ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF PARKS AND
RECREATION OPERATING BUDGET ACCOUNT CODE NO.
001000-580302.6.712.
6 April 27, 2000
RESOLUTION NO. 00-333
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF SOIL TECH DISTRIBUTORS, INC., PURSUANT TO
INVITATION FOR BIDS NO. 99-00-051, FOR HE PURCHASE OF
RED CLAY AND SILICA SAND, FOR THE DEPARTMENT OF
PARKS AND RECREATION, IN AN AMOUNT NOT TO EXCEED
$18,082.50, ON AN AS NEEDED CONTRACT BASIS FOR ONE (1)
YEAR WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF PARKS AND
RECREATION OPERATING BUDGET ACCOUNT CODE NO.
001000-580302.6.712.
RESOLUTION NO. 00-334
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF LASER LAVELING, INC., PURSUANT TO
INVITATION FOR BIDS NO. 99-00-099, FOR THE PURCHASE OF A
LASER GRADING SYSTEM, AT AN ANNUAL AMOUNT NOT TO
EXCEED $15,543; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF PARKS AND RECREATION OPERATING
BUDGET ACCOUNT CODE NO. 001000-580302.6.840.
7 April 27, 2000
RESOLUTION NO. 00-335
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF VISION BUILDING SOLUTIONS, L.L.C., PURSUANT
TO INVITATION FOR BIDS NO. 99-00-047, FOR THE PURCHASE
OF AN OFFICE TRAILER, IN AN AMOUNT NOT TO EXCEED
$18,398; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF POLICE GENERAL OPERATING BUDGET
ACCOUNT CODE NO. 001000.290201.6.840.
RESOLUTION NO. 00-336
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PROCUREMENT OF 820 PLASTIC STORAGE BINS FROM
ADAPTO STORAGE PRODUCTS, AWARDED UNDER EXISTING
MIAMI-DADE COUNTY CONTRACT NO. 0245 -2/01 -OTR -SW,
EFFECTIVE THROUGH OCTOBER 31, 2000, SUBJECT TO
FURTHER EXTENSIONS BY MIAMI-DADE COUNTY, FOR THE
DEPARTMENT OF POLICE, AT A TOTAL COST NOT TO EXCEED
$9,544.80; ALLOCATING FUNDS THEREFOR FROM THE POLICE
GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.722.
8 April 27, 2000
0 - 0
RESOLUTION NO. 00-337
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PROCUREMENT OF A 2000 FORD F150 4X2 PICK UP TRUCK
WITH OPTIONS, FROM MACHADO FORD, FOR A TOTAL
AMOUNT NOT TO EXCEED $19,307, AWARDED UNDER
EXISTING CITY OF MIAMI BID NO. 99-00-0680; ALLOCATING
FUNDS THEREFOR FROM THE STOP ACTIVE . VANDALISM
EVERYWHERE GRANT, ACCOUNT CODE NO.
142027.290519.6.840.
RESOLUTION NO. 00-338
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PROCUREMENT OF A RISOGRAPH DIGITAL DUPLICATOR
MODEL GR3770, WITH ACCESSORIES AND MAINTENANCE
FROM RISO, INC., IN AN AMOUNT NOT TO EXCEED $27,843,
AWARDED UNDER EXISTING STATE O FLORIDA CONTRACT
NO. 600-340-99-1, EFFECTIVE UNTIL AUGUST 31, 2000, SUBJECT
TO FURTHER EXTENSIONS BY THE STATE OF FLORIDA, FOR
THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION;
ALLOCATING FUNDS THEREFOR FROM GENERAL SERVICES
ADMINISTRATION, GRAPHICS REPRODUCTION DIVISION,
ACCOUNT CODE NO. 505000.420501.6.840.
9 April 27, 2000
RESOLUTION NO. 00-339
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PROCUREMENT AND INSTALLATION OF PLAYGROUND
EQUIPMENT AT VARIOUS CITY PARKS FROM VARIOUS
VENDORS, AWARDED UNDER EXISTING MIAMI-DADE COUNTY
CONTRACT NO. 4907-3/98-2, EFFECTIVE UNTIL MAY 31, 2000,
SUBJECT TO FURTHER EXTENSION BY MIAMI -COUNTY, FOR
THE DEPARTMENT OF PARKS AND RECREATION, AT A TOTAL
AMOUNT NOT TO EXCEED $208,690; ALLOCATING FUNDS
THREFOR FROM SAFE NEIGHBORHOOD PARK BOND FUNDS AS
APPROPRIATED BY ORDINANCE NOS. 11705, AS AMENDED,
AND 11839, THE ANNUAL APPROPRIATIONS AND CAPITAL
IMPROVEMENT PROJECTS ORDINANCES.
RESOLUTION NO. 00-340
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PROCUREMENT OF ONE (1) 2000 ELGIN PELICAN MODEL
`P' STREET SWEEPER (HYDRAULIC) FROM VANTAGE
EQUIPMENT COMPANY, IN AN AMOUNT NOT TO EXCEED
$94,358, AWARDED UNDER EXISTING CITY OF ST. AUGUSTINE,
FLORIDA BID NO. RW -SS -001, FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION TO BE USED BY THE
DEPARTMENT OF SOLID WASTE; ALLOCATING FUNDS
THEREFOR FROM SOLID WASTE CAPITAL IMPROVEMENT
PROJECT NO. 353015.329401.6.840.
10 April 27, 2000
RESOLUTION NO. 00-341
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING A CONTRIBUTION TO RECAPTURING THE
VISION, FOR THE "RAISE THE STANDARD" BENEFIT CONCERT,
AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $7,500, 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.
RESOLUTION NO. 00-342
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PROCUREMENT OF A MODULAR BREATHING AIR
COMPRESSOR AND ACCESSORIES FROM BREATHING AIR
SYSTEMS, AWARDED UNDER CITY OF BOYNTON BEACH BID
NO. 54-2210-99/CJF EFFECTIVE THROUGH JUNE 30, 2000, IN THE
AMOUNT OF $32,444.64, PLUS $3,000 FOR ELECTRICAL WORK,
FOR A TOTAL AMOUNT OF $35,444.64, FOR THE DEPARTMENT
OF FIRE -RESCUE; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT NO. 313304, ACCOUNT NO.
289401.6.840, FUNDED BY THE FIRE ASSESSMENT.
Vice Chairman Gort: OK. We'll go with the ceremony now. I just wanted to
make that announcement, and I just wanted to make sure that the -- the first order
of business, we do not have any vetoes from the Mayor's Office, am I correct?
Mr. Walter Foeman (City Clerk): That is correct.
Note For The Record: No vetoes from the Mayor.
11 April 27, 2000
•
Vice Chairman Gort: OK. Thank you. Yes. Commissioner Winton.
Commissioner Winton: I have a proclamation from the Mayor of our City on
behalf of Take Our Daughters to Workday.
(Presentation by Commissioner Winton).
Note For The Record: Item 2 was tabled, pending 4/5ths vote of the
Commission.
Commissioner Sanchez: OK. Item number 2 is a four-fifths vote, so we could
forget that one for now.
Commissioner Winton: I'm sorry. Where are we?
Vice Chairman Gort: Item number 2 is accepting funds from the -- from FEMA
(Federal Emergency Management Agency). Two hundred and twenty-five dollars
($225,000).
Commissioner Winton: Move it.
Mr. Donald Warshaw (City Manager): You need four-fifths.
Vice Chairman Gort: We need four-fifths.
Commissioner Winton: Oh. Never mind.
12 April 27, 2000
•
Commissioner Sanchez: OK. Skip that one. Go to 3.
C
Vice Chairman Gort: Item 3, amend the City Code, first reading ordinance
amending the Code section 54 -190.
Commissioner Sanchez: So moved.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Yes.
Vice Chairman Gort: Is there any discussion? Being none, all in favor state by
saying "aye."
Mr. Alejandro Vilarello (City Attorney): It's an ordinance. It's an ordinance.
Vice Chairman Gort: It's an ordinance. Read the ordinance.
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 NORTHWEST
2NDAVENUE, BETWEEN NORTHWEST 8TH STREET AND
NORTHWEST 9TH STREET, MIAMI, FLORIDA; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
13 April 27, 2000
•
•
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 Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
The ordinance was read by title into the public record by the City Attorney.
14 April 27, 2000
0 -0
Vice Chairman Gort: Item 4, amending City Code also. Yes, ma'am.
Ms. Sue Weller (Officer, Labor Relations): Sue Weller, Labor Relations Officer.
Item 4 is an amendment to City Code section 407250, which is an amendment to
the general pension ordinance, and it would provide the ability for executives and
assistant City Attorneys -- actually, the option to go into the City's pension plan or
to select a 401 (A) money purchase plan.
Commissioner Sanchez: But it's an option. You can't have both, correct?
Ms. Weller: No, you cannot have both.
Commissioner Sanchez: So moved.
Commissioner Winton: Second.
Vice Chairman Gort: Is there a second? Also, my understanding, some of this
people have selected to go out of it before, would not be able to come back or --
Ms. Weller: That's correct.
Vice Chairman Gort: OK. Is there any further discussion? Being none, all in
favor state by saying "aye."
Mr. Alejandro Vilarello (City Attorney): It's an ordinance.
Mr. Walter Foeman (City Clerk): Ordinance.
Commissioner Sanchez: It's an ordinance.
Vice Chairman Gort: It's an ordinance. Read it. Roll call.
15 April 27, 2000
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 40 /ARTICLES IV, DIVISION 3 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED " PENSION
AND RETIREMENT PLAN "; PROVIDING THE CERTAIN
EMPLOYMENT CATEGORY SHALL BE PERMITTED TO REJECT
MEMBERSHIP IN THE CITY OF MIAMI GENERAL EMPLOYEES'
AND SANITATION EMPLOYEES' RETIREMENT TRUST UNDER
CERTAIN CIRCUMSTANCES, AND SETTING FORTH CONDITIONS
MORE PARTICULARLY BY AMENDING SECTION 40-250;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
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 Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
The ordinance was read by title into the public record by the City Attorney.
16 April 27, 2000
Ms. Laura Billberry (Director, Asset Management): Good morning. Laura
Billberry, Asset Management. The item before you is allowing a continuation of
the temporary use by Tower Art Center at Latin Quarter, Inc. And this would
allow them to continue staying open after the Hispanic Film Festival, until such
time as we finish the management agreement, which we're finalizing now.
Commissioner Sanchez: So moved, with one question.
Commissioner Winton: Second.
Commissioner Sanchez: When is the grand opening scheduling? It was
rescheduled.
Ms. Billberry: It has --
Mr. Donald Warshaw (City Manager): It hasn't been rescheduled yet. So, I'll get
with you and we'll pick a date that's acceptable to everyone.
Ms. Billberry: The film festival does start April 20 -- actually, this week,
tomorrow.
Vice Chairman Gort: Thank you.
(At this time Commissioner Teele enters the Commission chambers at 9:47)
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
Vice Chairman Gort: It is a resolution.
17 April 27, 2000
The following resolution was introduced by Commissioner Sanchez, who moved
its adoption:
RESOLUTION NO. 00-343
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN EXTENSION TO THE USE AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
TOWER ART CENTER AT LATIN QUARTER, INC. FOR THE
CONTINUED USE OF THE TOWER THEATER LOCATED AT
1508 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, ON AN
INTERIM BASIS WHILE THE CITY AND TOWER THEATER
FINALIZE NEGOTIATION OF THE MANAGEMENT
AGREEMENT BETWEEN THE PARTIES; WITH TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORT IN
SAID 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 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
18 April 27, 2000
•
r1
U
Vice Chairman Gort: Let's go back to item 2, it's a four-fifths vote.
Commissioner Teele is accepting a bid. Funds from FEMA (Federal Emergency
Management Agency).
Commissioner Sanchez: So moved.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and second. It's an ordinance. Read it.
Roll call.
An Ordinance Entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING SECTION 6 OF ORDINANCE NO.
11705, AS AMENDED, AN ORDINANCE NO.11839, TO
REVISE A PREVIOUSLY APPROVED CAPITAL
IMPROVEMENT PROJECT AND TO ADD A NEW CAPITAL
IMPROVEMENT PROJECT TO BEGIN DURING FISCAL
YEAR 1999 - 2000; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Sanchez and seconded by Commissioner Teele,
for adoption as an emergency measure, and dispensing with the requirement of
reading same on two separate days, was agreed to by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Regalado
19 April 27, 200.0
Whereupon the Commission on motion of Commissioner Sanchez and seconded by
Commissioner Teele, adopted said ordinance 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
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11918
Vice Chairman Gort: Commissioner Teele, for your information, Item 3, it deals with the
2ND Avenue, Northwest 2ND Avenue, for the Lyric Theater was passed.
20 April 27, 2000
Vice Chairman Gort: Item 7, purchase to complete vacuum and street sweepers,
$280,000, lowest bid. Do I have a motion?
Commissioner Winton: Move it.
a
Mr. Donald Warshaw (City Manager): It's to replace old equipment.
Commissioner Sanchez: Is it to replace to old equipment?
Mr. Warshaw: Yes.
Vice Chairman Gort: Right.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second. Discussion? Being none, all in
favor state by saying "aye."
The Commission (Collectively): "Aye.."
21 April27, 2000
The following resolution was introduced by Commissioner Winton, who moved
its adoption:
RESOLUTION NO. 00-344
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PROCUREMENT OF TWO (2) COMPLETE PURE VACUUM
STREET SWEEPERS, ELGIN, GEO-VAC SERIES ` Y `, FROM
VANTAGE EQUIPMENT COMPANY, AT A TOTAL AMOUNT NOT
TO EXCEED $280,938, AWARDED UNDER EXISTING CITY OF
ORLANDO, FLORIDA BID NO. SB 00-033, FOR THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION TO BE USED BY THE
DEPARTMENT OF SOLID WASTE; ALLOCATING FUND
THEREFOR FROM SOLID WASTE CAPITAL IMPROVEMENT
PROJECT NO. 353018. 329401.6.840.
(Here follows body of resolution; omitted.here and on file in the Office of the City
Clerk.).
Upon being seconded by Commissioner Sanchez, the resolution was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Thank you.
22 Apr1127, 2000
Vice Chairman Gort: Resolution approving execution of memorandum
agreement, Miami River Park Apartments. If you all recall, this matter was in
front of us, I think —
Commissioner Winton: Move it.
Commissioner Teele: What item number?
Commissioner Sanchez: It's 8.
Vice Chairman Gort: Item 8, Commissioner Teele. This is dealing with the
housing program and the historical -- the abilities of those developments to
maintain the --
Mr. Donald Warshaw (City Manager): And will preserve --
Vice Chairman Gort: To preserve the historical homes.
Commissioner Teele: What's the total amount of public dollars?
Mr. Jeff Hepburn (Assistant Director, Housing): The City commitment to this
project, financial commitment to this project, is roughly two point nine million
dollars ($2,900,000).
Commissioner Teele: And what's the total project cost?
Mr. Hepburn: Twenty million dollars ($20,000,000) -- 21 million dollars
($21,000,000).
Commissioner Teele: In this memo, is that information contained?
Mr. Hepburn: It speaks to the City commitment of two point three million dollars
($2,300,000) of HOPWA (Housing Opportunities for Persons Living with AIDS)
dollars, and also in total, six hundred seventy-five thousand dollars ($675,000) in
23 . April 27, 2000
HOME funding. There is also tax credit funding from the State of Florida. I
think around 11 to 12 million dollars ($1,000,000).
Vice Chairman Gort: How much?
Mr. Hepburn: I think it's between I I and 12 million dollars ($1,000,000).
Commissioner Teele: Jeff Hepburn with the . Department of Housing. Mr.
Hepburn, again, the issue that I would like to raise with you, respectfully, is that it
would really be helpful if you could just do a summary in these memos. The
numbers that you've discussed are not contained in the memo, the twenty million
dollars ($20,000,000), and the relationship between the two million dollars
($1,000,000) is meaningless if we don't know what the -- so that's the only thing.
And, again, I would ask that we incorporate some type of grid that shows exactly
what the financial --
Commissioner Sanchez: Mr. O'Brien, I have a question on --
Vice Chairman Gort: O.K. There is a motion and a second. Any further
discussion?
Commissioner Sanchez: No. There is discussion. Just to clarification on the
HOPWA money. It's two point three million dollars ($2,300,000) that will be
coming out of HOPWA money. What guarantee do we have -- what is their
commitment on housing people with AIDS (Acquired Immuno Deficiency
Syndrome)?
Mr. Hepburn: They are going to provide housing for 25 years for 25 units. So,
they are going to provide 25 units over a 25th Year period for the two point three
million dollars ($2,300,000) in HOPWA dollars committed to this project. We're
going to hopefully tie in their agreement with the City, along with the various
mortgages, certain safeguards to make sure that occur, along with the ongoing
monitoring of the project annually.
Commissioner Sanchez: What are we ranked in the nation now with the AIDS
(Acquired Immuno Deficiency Syndrome) situation, people with AIDS (Acquired
Immuno Deficiency Syndrome). What do we rank, third in the nation?
Mr. Hepburn: I think we're somewhere in that area, yes.
Commissioner Sanchez: Third in the nation.
Mr. Hepburn: Yes.
24 April 27, 2000
Commissioner Sanchez: And how much HOPWA funds do we have available
today?
Mr. Hepburn: Today, approximately, around seventeen million dollars
($17,000,000) is available.
Commissioner Sanchez: Seventeen million dollars ($17,000,000).
Mr. Hepburn: There have been contracts that we have awarded funds, but in
terms of actual expenditures at this point, I think it's somewhere around seventeen
million dollars ($17,000,000).
Commissioner Teele: Yes; I seconded it. The only -- I have not done sufficient
homework on this, and that's not your fault. That's mine. The only thing I have
great respect for the community partner, BAME (Bethel African Methodist
Episcopal), in this context. At some point I would like to meet with you, Mr.
Manager, the appropriate person on the staff, to understand exactly what is the
HOPWA program. To get to the questions that Commissioner Sanchez is raising.
I have a concern, when the final actions have not been taken before they come
here, and I'm only -- I'm not trying to change the way we've done thing in the past
as it relates to this. I'm only talking prospectively. In other words, I would hope
that, if a board has got to review this,. Mr. Manager, Mr. Attorney, that board
review. I'm not talking about Oversight Board.
Vice Chairman Gort: HOPWA Board.
Commissioner Teele: HOPWA Board. That that review is done before we do. In
other words, we're the final authority on this, and consistently we're being asked
to approve things, and you say subject to an agreement being reached. Well,
who's going to approve that agreement?
Mr. Hepburn: Commissioner, this particular item, in terms of the two point three
million dollars ($2,300,000) in HOPWA funds, did go before the executive
committee of the Miami -Dade Partnership.
Commissioner Teele: I'm not -- just -- I'm responding to Commissioner Sanchez'
question. If you don't have an agreement on this, a contractual agreement on this
-- and, Mr. Attorney, 1 hope you understand what I'm saying -- this item is
premature to come to us. In other words, we should be approving the agreement.
Otherwise, you're going to have to bring the agreement back to us and I would
just hope, in the future, that we could take the final action. If this is a preliminary
action, then it should be viewed that way. I just think that we need to know what
the terms of the agreement are. We need to know exactly what the standards are
so that any agency or any organization that's applying for these funds has a clear
standard. Because what I don't want is somebody, two years from now, eighteen
months from now to come in and say " well, you approved this for this
25 April 27, 2000
organization and now you won't approve it for us. " I mean -- so, I'm just looking
for a standard, whatever it is.
Ms. Sarah Eaton: Mr. Commissioner, if I may? The item before you today --
Vice Chairman Gort: Name and --
Ms. Eaton: Sarah Eaton, Preservation Officer for the City. Excuse me. The item
before you today has nothing to do with the funding. This is an agreement
between the City, the developer and the State Historic Preservation Office to
assure that historic buildings will be preserved, and that the design of the new
project is compatible with the character of the historic buildings. The funding is
not an issue in this agreement.
Vice Chairman Gort: But, nevertheless, the question is, the funding, we approved
it subject to an agreement being worked out. So, I imagine we have to work on
the agreement also.
Ms. Eaton: This particular agreement is a separate one. Just dealing with
historic buildings.
Vice Chairman Gort: But I understand. But the questions that's being asked is, an
agreement between the City --
Mr. Hepburn: Commissioner, right now --
Mr. Donald Warshaw (City Manager): I understand what you're saying,, and we
can create that linkage. I understand exactly what Commissioner Teele is saying.
Vice Chairman Gort: OK: Any further discussion? Being none, all in --
Commissioner Sanchez: Call the question.
Vice Chairman Gort: Any further -- all in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Winton, who moved
its adoption:
26 April 27, 2000
RESOLUTION NO. 00-345
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO
EXECUTE A MEMORANDUM OF AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY
OF MIAMI, MIAMI RIVER PARK ASSOCIATES, LTD. AND THE
STATE OF FLORIDA'S DIVISION OF HISTORIC RESOURCES, TO
ALLOW FOR THE CONSTRUCTION OF THE PROPOSED MIAMI
RIVER PARK APARTMENTS PROJECT IN ACCORDANCE WITH
THE PROVISIONS OF SECTION 106 OF THE NATIONAL HISTORIC
PRESERVATION ACT OF 1966, 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Thank you.
27 April 27, 2000
Vice Chairman Gort: Item 9; resolution relating to the Rafael Hernandez, Housing
and Economic Development. It's in your district.
Commissioner Winton: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor state by saying
11aye
.11
The Commission (Collectively): ".Aye."
28 April 27, 2000
The following resolution was introduced by Commissioner Winton, who moved
its adoption:
RESOLUTION NO. 00-346
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, CONVEYING FIVE (5) CITY -OWNED VACANT
PARCELS TO THE RAFAEL HERNANDEZ HOUSING AND
ECONOMIC DEVELOPMENT CORPORATION FOR THE
CONSTRUCTION OF SIX (6) NEW SINGLE FAMILY HOMES FOR
PURCHASE BY LOW AND MODERATE INCOME FAMILIES;
REAFFIRMING AND GRANTING A TWELVE (12) MONTH
EXTENSION, FROM .APRIL 25, 2000 TO APRIL 25, 2001, TO
COMMENCE AND COMPLETE CONSTRUCTION AND SALE OF
THE REMAINING. FIVE (5) SINGLE FAMILY HOMES PLANNED IN
THE ALLAPATTAH NEIGHBORHOOD;. FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENT (S), 1N A FORM ACCEPTABLE TO THE CITY
ATTORNEY, CONVEYING SAID PARCELS SUBJECT TO CERTAIN
TERMS AND CONDITIONS.
(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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
29 April 27, 2000
Vice Chairman Gort: Resolution awarding the Resolution 00-90, Biscayne East
Tower Project. SHIP (State Housing Initiatives Partnership) funds.
Mr. Jeff Hepburn (Assistant Director, Housing): Yeah. Basically, what we're
doing here is amending Resolution Number 00-90 to reflect the actual correct
name of the developer. Initially, you awarded funding to the Little Haiti Housing
Association. There is a partnership with their private developer, a partner, and we
want to reflect the correct name in the resolution -- in the agreement.
Commissioner Winton: Move it.
Commissioner Teele: Second.
Vice Chairman Gort: Thank you. 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. 00-347
A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING
RESOLUTION NO. 00-90, WHICH AUTHORIZED THE CITY
MANAGER TO ALLOCATE $742,000 IN STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM FUNDS, TO PROPERLY
REFLECT THE LEGAL NAME OF THE DEVELOPER AWARDED
FUNDS IN THE AMOUNT OF $342,000 IN CONNECTION WITH
THE FINANCING OF THE PROPOSED BISCAYNE EAST
TOWNHOMES PROJECT PLANNED IN THE EDISON - LITTLE
RIVER NEIGHBORHOOD.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
30 April 27, 2000
Upon being seconded by Commissioner Teele, the resolution was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Thank you.
31 April 27, 2000
Vice Chairman Gort: Item 11, resolution authorizing agreement with Belafonte
Tacolcy Center in the amount not to exceed a hundred and fifty thousand. Is there
a motion? Yes, sir.
Mr. Albert Ruder (Director, Parks & Recreation): Albert Ruder, Parks
Department. What we're doing .is, we have a hundred and fifty thousand from
Safe Neighborhood. This is the organization that's managing the park and we're
just entering into an agreement so that they could implement these improvements,
using the Safe Neighborhood money, and following the Safe Neighborhoods Park
bond rules.
Commissioner Teele: So moved. But, Mr. Ruder-- so moved, Mr. Chairman.
Vice Chairman Gort: Is there a second?
Commissioner Sanchez: Second.
Commissioner Winton: Second.
Vice Chairman Gort: Discussion?
Commissioner Teele: Mr. Ruder,
Mr. Ruder: Yes.
Commissioner Teele: Was this a part -- was this an earmark?
Mr. Ruder: Yes., it was.
Commissioner Teele: -- in the bond referendum, itself.
Mr: Ruder: In the second year, yeah.
32 April 27, 2000
Vice Chairman Gort: Any further discussion? Being none, all in favor state by
saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by .Commissioner Teele, who moved its
adoption:
RESOLUTION.NO. 00-348
A RESOLUTION - OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, SUBJECT TO APPROVAL OF THE OFFICE OF SAFE
NEIGHBORHOODS PARKS BOND PROGRAM, WITH BELAFONTE
TACOLCY CENTER, INC. ("BTC"), FOR THE IMPLEMENTATION
OF THE CAPITAL IMPROVEMENT SERVICES ASSOCIATED WITH
THE RENOVATION OF THE CITY'S B T C FACILITY LOCATED AT
6161 N.W. 9TH AVENUE, MIAMI, FLORIDA, IN AN AMOUNT NOT
TO EXCEED $150,000; ALLOCATING FUNDS THEREFOR FROM
THE CITY'S GRANT FROM THE SAFE NEIGHBORHOODS PARKS
BOND PROGRAM, AS PREVIOUSLY APPROVED THROUGH CITY
RESOLUTION NO. 98-1109.
(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
33 April 27, 2000
•
Vice Chairman Gort: Item 12, resolution for Safe Neighborhoods Parks --
Commissioner Teele: So moved, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any discussion?
"aye."
The Commission (Collectively): "Aye."
Being none, all in favor state by saying
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-349
A RESOLUTION OF THE CITY OF MIAMI COMMISSION,
AUTHORIZING THE AMOUNT OF $282,000 IN APPLICATIONS TO
MIAMI-DADE COUNTY AS DESIGNATED HEREIN UNDER THE
SAFE NEIGHBORHOODS PARK BOND PROGRAM INTEREST
EARNINGS ALLOCATION; FURTHER AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AWARD AND EXECUTE
THE NECESSARY DOCUMENT (S), IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID
GRANTS; FURTHER PURSUANT TO THE PROVISIONS OF THE
SAFE NEIGHBORHOODS PARKS ORDINANCE AUTHORIZING
THE PAYMENT OF (1) SUPPLEMENTAL FUNDS REQUIRED TO
COMPLETE SAID PROJECTS IF THE COSTS OF SAID PROJECTS
EXCEED THE GRANT ALLOCATION; AND (2) FUNDS TO
OPERATE, MAINTAIN AND PROVIDE PROGRAMMING AT EACH
PROJECT UPON ITS COMPLETION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
34 April 27, 2000
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
35 April 27, 2000
14 f?%CCEI'TPLATIVTITLEDRA
L
SOOL MAII� SiTBDIVISION
Vice Chairman Gort: Rasool Malik Subdivision resulting and accepting the
proposed record plat. Public Works. .
Commissioner Teele: So moved, Mr. Chairman.
Vice Chairman Gort: It's been moved. Second?
Commissioner Winton: Second.
Vice Chairman Gort: Is there any discussion? Question? Have they been in
compliance with all the requirements according to the memo I read?
Mr. John Jackson (Acting Director, Public Works): Yes, they are.
Vice Chairman Gort: OK. 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. 00-350
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), ACCEPTING THE PLAT ENTITLED RASOOL
MALIK SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI,
SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND
STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID. PLAT; AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO EXECUTE SAID PLAT;
AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
36 April 27, 2000
Upon being seconded by Commissioner Winton, the resolution was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele,.Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
37 April 27, 2000
0
•
. I
Vice Chairman Gort: Resolution awarding contract from Southwest 32ND Avenue
Paving Project.
Commissioner Sanchez: That's not my district. It's Tomas 's district.
Vice Chairman Gort: My understanding, this is Tomas 's district, but anybody can
make a decision, make the motion.
Commissioner Winton: Move it.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and seconded. Any discussion? Public
Works, what I'd like, if possible, I sent a memo -- or my office. sent a memo to
you Northwest 28TH Street, between 12TH to 27TH Avenue, it's in very bad
condition. Some work was done there by private parties and they -- the repair that
they have done, it's not in accordance to our standard. So, I wish you would
check on it.
Mr. Jackson: Yes, sir.
Vice Chairman Gort: Thank you. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
. 38 April 27, 2000
•
0
The following resolution was introduced by Commissioner Winton, who moved
its adoption:
RESOLUTION NO. 00-351
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF MIRI CONSTRUCTION, INC. FOR THE PROJECT
ENTITLED " SW 32ND AVENUE PAVING PROJECT, B-4614 " IN THE
AMOUNT .OF $332,977.75, TOTAL BID OF THE PROPOSAL;
ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 34 117 0
AS APPROPRIATED BY ORDINANCE NOS. 11705, AS AMENDED,
AND 11839, THE ANNUAL APPROPRIATIONS AND CAPITAL
IMPROVEMENT PROJECTS ORDINANCES, IN THE AMOUNT OF
$332,977.75 THE CONTRACT COST, $43,645.46 EXPENSES, TOTAL
ESTIMATED COST OF $376,623.21; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
(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
39 April 27, 2000
0 1 0
Vice Chairman Gort: Item 15, resolution accepting FEMA (Federal Emergency
Management Agency) grant for the Orange Bowl.
Commissioner Sanchez: So moved.
Vice Chairman Gort: Grant assistance.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved. Is there a second? Any discussion? Being
none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved
its adoption:
RESOLUTION NO. 00-352
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S'), AUTHORIZING THE CITY MANAGER
TO ACCEPT GRANTS FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY ("FEMA") AND THE STATE OF
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, IN
THE ESTIMATED AMOUNTS OF $225,000 AND $37,500
RESPECTIVELY, FOR THE ORANGE BOWL DRAINAGE
PROJECT, FEMA PROJECT NO. 1204-0020; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI AND THE STATE
OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS,
TO PERFORM THE OBLIGATIONS AND ADMINISTRATION
OF THE AFORESAID GRANTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
40 April 27, 2000
Upon being seconded by Commissioner Winton, the resolution was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Thank you.
41 April 27, 2000
0, 0
Vice Chairman Gort: Proposed for -- item 16, pre-employment psychological
screening and psychological counseling services. Who's going to address this?
Ms. Judy Carter (Director, Purchasing): Good morning, sir.
Vice Chairman Gort: Morning.
Ms. Carter: Judy Carter, Director of Purchasing. This is simply to correct a
scrivener's error. This particular contract, which we did go through a competitive
process, via the RFP (Request for Proposal), for which this City Commission did,
in fact, award a contract to the firm, this resolution failed to indicate that the
amount of dollars, which is two hundred seventeen' thousand dollars ($217,000),
represents an annual amount and not a two-year amount. And, so, we're asking
that you allow us to make that correction, via your vote.
Vice Chairman Gort: OK. Any further discussion? Being none, all in favor state
by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-353
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 99-285, ADOPTED APRIL 27, 1999, WHICH
APPROVED THE FINDINGS OF THE EVALUATION COMMITTEE .
THAT LAW ENFORCEMENT PSYCHOLOGICAL AND
COUNSELING ASSOCIATES, INC. PROVIDE PRE-EMPLOYMENT
PSYCHOLOGICAL SCREENING AND PSYCHOLOGICAL
COUNSELING SERVICES TO THE DEPARTMENT OF POLICE, TO
REFLECT AN AMOUNT NOT TO EXCEED $ 217,000 ANNUALLY.
42 April 27, 2000
•
(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
43 April 27, 2000
Vice Chairman Gort: Item 17 has been withdrawn.
Mr. Walter Foeman (City Clerk): Excuse me. We need a movant and a seconder.
The move and seconder.
Commissioner Teele: I moved it.
Mr. Foeman: OK.
Vice Chairman Gort: It's been moved.
Commissioner Winton: I'll second.
Commissioner Sanchez: I'll -- got a second. Both.
Vice Chairman Gort: And Winton seconds it. Item 17 has been withdrawn. Item
18. Mr. Attorney, the floor is yours.
Mr. Alejandro Vilarello (City Attorney): This item is a proposed resolution of
pending dispute between the City and City National Bank, which holds the
mortgageon property; that the City has a deed restriction in connection with the
HOPWA (Housing Opportunities for Persons Living with AIDS) grant. The
property has been in for closure for a period of time. Due to the pro long
litigation, the property is falling into disrepair, and the Department of Community
Development and my office has reviewed this and recommends this settlement,
which. authorizes the property to be sold, with the City participating in the
proceeds of the sale, in the amount of thirty percent. Those would be HOPWA
funds that would be returned to the HOPWA Program.
Commissioner Sanchez: Is there a motion?
Commissioner Teele: Are the deed restrictions lifted?
Mr. Vilarello: With the sale of the property, the deed restriction would be lifted,
yes, sir.
44 April 27, 2000
Commissioner Teele: So, all of the proceeds of the funds would go to the
HOPWA -- back to the HOPWA Program?
Mr. Vilarello: The proceeds that the City receives would go back to the HOPWA
Program.
Commissioner Sanchez: Is there a motion?
Commissioner Winton: Move it.
Commissioner Sanchez: Moved by Commissioner Winton.
Commissioner Teele: Second.
Commissioner Sanchez: Second by Teele. Open for discussion? Hearing none,
it's a resolution. 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. 00-354
A RESOLUTION OF THE 'MIAMI CITY 'COMMISSION
AUTHORIZING THE CITY MANAGER TO ACCEPT 30 PERCENT
OF THE PROCEEDS OF THE SALE .OF PROPERTY LOCATED AT:
14590-92 SOUTHWEST 264 STREET, 26431-33 SOUTHWEST 146
COURT AND 26421-23 SOUTHWEST 146 COURT, NARANJA,
FLORIDA, AND TO EXECUTE ALL NECESSARY DOCUMENT (S),
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY, FOR THE CASE CITY NATIONAL
BANK, VERSUS CHRISTIAN COMMUNITY SERVICES AGENCY,
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.
98 -1891 CA (01).
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.) .
45 April 27, 2000
Upon being seconded by Commissioner Teele, the resolution was passed and
adopted by the'following vote:
AYES:
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS:
None.
ABSENT:
Vice Chairman Wifredo Gort
Commissioner Sanchez:
It passes unanimously.
46 April 27, 2000
19`ATTHORT2E�OSCARO>TIZSETTLENI>ENT
3
Commissioner Sanchez: Nineteen; resolution authorizing director of finance to
pay Oscar Ortiz, without admission of liability, a compromised settlement
pursuant to the ,settlement agreement and stipulation for consent judgment, in full
and complete satisfaction of any and all claims and demands against the City of
Miami, for the case of Oscar Ortiz versus the City of Miami, case number
97-17351 CA -04, upon the execution of a general release releasing the City of
Miami, its present an former officers, agents and employees from any and all
claims and demand; allocating funds therefore from the self-insurance and
insurance trust fund, index code number et cetera, et cetera, et cetera. Mr. City
Manager -- I mean, Mr. City .Attorney.
Mr. Alejandro Vilarello (City Attorney): This involved a claim by Oscar Ortiz in
a 1996 automobile accident with a City of Miami police officer. The accident
resulted in Mr. Ortiz, at that time, 20 years old, becoming a C45 quadriplegic that
is basically from the neck. down. The actions of the police officer were
investigated and he was reprimanded and suspended for two months as a result of
this vehicle accident. In June of 1999, a jury returned a verdict of thirteen million
dollars ($13,000,000) -- thirteen and a half million dollars ($13,500,000),
approximately, for Mr. Ortiz. Of course, the City is protected by the State
statutory cap, which limits their claim to a hundred thousand dollars ($100,000). .
There is a process whereby they go to the legislature for a claims bill, and I have
agreed with' Mr. Cohen that, subject to the City Commission approval; the
Financial Oversight Board's approval, and a claims bill being awarded by the
legislature to a settlement in the amount of five million dollars ($5,000,000), paid
Over the next 4 years.. That would breakdown in payments of one hundred
thousand dollars ($100,000) immediately upon approval by the legislature, the
City Commission, Oversight Board and the legislature, one point four million
dollars ($1,400,000) and the balance over the next three years.
Commissioner Sanchez: Mr. Vice Chair?
Mr. Vilarello: In equal amounts.
Vice Chairman Gort: Thank you. Yes, sir.
Commissioner Sanchez: I have had, several meetings with the City Attorney
pertaining to this case, and it is his advice, after reviewing the case, that we settle.
And, of course, we depend on his legal expertise when it comes to these matters.
Alex, once again, I want, on the record, you agree that it's in the best interest of
the City of Miami to settle this case?
47 April 27, 2000
Mr. Vilarello: We have spent quite a bit of time reviewing this matter, and
obviously, it's a very serious case. And I feel that it's in the best interest of. the
City to resolve this case at this amount.
Commissioner Sanchez: Alex, just for the record, if we were to jeopardize going
to trial, what would be the outcome of severity of us being found guilty of it?
Mr. Vilarello: Well, we have, in fact, gone to trial and the jury has returned a
verdict in an amount well in excess of it..
Commissioner Sanchez: Exactly. That's exactly. I wanted you to bring that up,
and say the numbers, and then what happened after that.
Mr. Vilarello: The verdict was thirteen million six hundred and seventy-four
thousand dollars ($13,674,000). The -- at this point, if the City doesn't proceed
with the settlement, they still have the right -- the plaintiff still has the right to go
to the legislature and ask that a claims bill .be awarded in the amount of that
verdict and, perhaps, even greater: There is no -- the legislature is not limited to
the amount of the verdict and it's not limited to the City Commission's agreement.
Vice Chairman Gort: Any further discussion? First, do I have a motion?
Commissioner Sanchez: I move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Been moved and second. Any further discussion? Being
none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
48 April 27, 2000
The following resolution was introduced by Commissioner Sanchez, who moved
its adoption:
RESOLUTION NO. 00-355
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO OSCAR
ORTIZ, WITHOUT ADMISSION OF LIABILITY, A COMPROMISED
SETTLEMENT PURSUANT TO THE SETTLEMENT AGREEMENT
AND STIPULATION FOR CONSENT JUDGMENT, IN FULL AND
COMPLETE SATISFACTION OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE OF
OSCAR ORTIZ VERSUS THE CITY OF MIAMI, CASE NO. 97-17351
CA -04, UPON THE EXECUTION OF A GENARAL 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. 515001.624401.6.651.
(Here follows body of resolution, omitted here and on file, in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner. Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Commissioner Sanchez: What is the Police Department doing to assure that this
does not happen again. Are we having driving schools for police officers, any
training to make sure that these things don't happen again? Because, in the long
run, you know, liability wise, we're paying a lot of money on liability claims.
Mr. Vilarello: Well, quite some time ago, the Police Department instituted a
Police Department accident review board. Each one of these accidents are
reviewed for purposes of the determining whether or not it was responsibility on
49 April 27, 2000.
the part of the officer or not, and part of that includes training as a result of at -
fault accidents. Perhaps the Chief or the Manager can speak to the details of that
program. But that was designed with the intention of making sure that we learn
from our mistakes, and, in the future, don't repeat them.
Vice Chairman Gort: Well, that's one of the one things that we've been requesting from
you, is to make sure you -- whatever department that comes in front of us -- because you
get a memo to them -- to make sure that that will not happen again. Thank you.
50 April 27, 2000
Vice Chairman Gort: Financial Advisory recommendation. I'll step out of this
one.
Commissioner Sanchez: No discussion? Any discussion on the item number 19?
Commissioner Winton: Move it.
Commissioner Sanchez: Commissioner Teele; you're recognized.
Commissioner Teele: I'll second Commissioner Winton's motion for the' purpose
of discussion. The ratings suggested that First Southwest initially was the number
one in the recommendation, but very expensive.
Ms. Bertha Henry (Assistant.City Manager): Yes.
Commissioner Teele: Is that --
Ms. Henry: This is Bertha Henry, Assistant City Manager, Finance and
Administration.
Commissioner Teele: Now, they are not even being recommended. What
happened?
Ms. Henry: Commissioner, as we went through the competitive negotiation
process, we - as I believe outlined, established a minimum standards or
thresholds that we wanted the providers to meet. As we went through the process,
it was clear to us and as stated by First Southwest that they could not come down
in their hourly rates. There were some reduction in the hourly rates, but they did
not come down to a level that was consistent with the others that were making
proposals.
Commissioner Teele: Well, I intend to vote for the item, Ms. Henry, but I want
you to know that I'm extremely distressed that the two firms that I considered to
be the most qualified of the five have been eliminated, and when I say I
considered -- if you read, you know, the top five rated financial advisory firms
51 April 27, 200.0
from the country, P.G. Corbin is consistently rated as a number one black - owned
firm. They are the FA for the City of Philadelphia, the City of Richmond, the
City of New York City, the City of Dade County. Their lead for Dade County
water an sewer, which gives me considerable concern about them being our F A
in the context that I think they would have a conflict on certain matters. But since
this is going to be three firms representing everything from MSEA (Miami Sports
& Exhibition Authority) to Bayfront Trust to Public Works and all of that, I'm
concerned about P.G. Corbin. What I perceive to be, at least two of the top 10
firms in the nation, -- and First Southwest is clearly one of the top five firms in
the nation, as well -- through the process of dollars, they are eliminated or the
process of negotiation. And, again, I don't think -= I don't want, for the record, I
would hope that, as we -- we need a financial advisor. This is the only major City
in America that hasn't had a financial advisor during a financial crisis, and it
speaks volumes of our own inadequacies and inept necessary. But if I were trying
to have a heart surgeon or a brain surgeon to work on me, I'm not sure that I
would negotiate with the cheapest one. And the same thing is true of a City in a
financial emergency. I'm not sure that we should be looking for the cheapest one
in the -- you know, I would have much rather you give us the top rated firms by
numbers -- and I've looked at that -- and First Southwest was clearly the number
one rated firm, and then let us select and then return it to you for negotiations, and
I would hope that, in two years or three years, when this comes up, we reverse
this process, that we select based upon the top rated firm and then return them to
you to negotiate with them and if they can't meet it, then let them drop out. But I
stand by the fact that this City does need surgery and we need -- we have a series
of big issues from the discussion that Commissioner Regalado had regarding the
tax increment of hotel bed tax are the kinds of issue that a financial advisor really
should be helping us with. We've had this long issue of the Knight Center, which
is a big issue, which has been identified by the Oversight Board. It's been in our
plan for three years, going on that we would have our financial advisor to look at
this, and I want you to know that I think the Commission made a mistake in the
way we let staff handle this, because I would rather see the number one firm there
-- Commissioner Gort, we're still discussing this one item. And, again, I just
wanted you to know how I felt about that. I'm not quarreling with the three that
are here. I don't know those firms, as well as I know the two that I've mentioned.
I do know Rauscher. They changed their name?
Ms. Henry: It's Dain Rauscher. I'm not sure if there has been a name change in
recent years.
Commissioner Teele: It was Rauscher Pierre or something. OK. I do know that
firm. They have a very excellent reputation and, et cetera. And I'm sure these
three firms will serve the City well. But I did want to make the point that our own
objective evaluation of evaluating based upon the merits, the number one firm is
not one of the three firms recommended. Is that a fair statement, based upon the
panel of evaluations and the point system?
52 April 27, 2000
E
Ms. Henry: That is a fair statement. But, Commissioner, I would just like to
point out that P.G. Corbin dropped out of the process on their own. They were
not eliminated by the committee.
Commissioner Teele: All right. Thank you.
Commissioner Sanchez: Mr. City Clerk, I just done item 19A, do we have a -- is
there a motion?
Mr. Walter Foeman (City Clerk): Yes, there is.
Commissioner Sanchez: There is a motion. Is there a second?
Mr. Foeman: Yes, there is.
Commissioner Sanchez: And it was open for discussion. Any other,
Commissioners wishing too discuss this item? Hearing none, it's a resolution. All
in favor state by saying "aye."
Commissioner Sanchez: Anyone oppose? Passes unanimously.
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Winton, who moved
its adoption:
RESOLUTION NO. 00-356
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ENTER INTO
CONTRACTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH EACH OF THE FIRMS OF HANIFEN-
IMHOFF, INC. DUNLAP AND FIDELITY, JOINT VENTURE,
AND DAIN RAUSCHER FOR FINANCIAL ADVISORY
SERVICES FOR A PERIOD OF TWO YEARS WITH THREE,
ONE YEAR EXTENSIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
53 April 27, 2000
0
Upon being seconded by Commissioner Teele, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
Commissioner Teele: Mr. Chairman, on this, I would like, while Commissioner
Gort is out, a motion directing the Manager to select one of the three firms to
begin to carry out the instructions that we've had for three years, regarding the
Knight center, as a high priority, and I would so move that one of those firms give
us at least a report within 90 days, as to where we're going with the Knight
Center.
Commissioner Winton: Second.
Commissioner Sanchez: There is a motion on the floor presented by.
Commissioner Teele, seconded by Mr. Winton. Open for discussion. Hearing
none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
Commissioner Sanchez: Passes -- anyone oppose? No? Passes unanimously.
Mr. City Clerk, it passes unanimously. I'm turning it over back to Commissioner
Gort.
The following motion was introduced by Commissioner Teele, who moved its
adoption:
MOTION NO. 00-357
A MOTION DIRECTING THE CITY MANAGER TO SELECT
ONE OF THE THREE FIRMS CURRENTLY UNDER
CONTRACT FOR FINANCIAL ADVISORY SERVICES TO
THE CITY, TO BEGIN TO CARRY OUT AS A. HIGH
PRIORITY, THE INSTRUCTIONS GIVEN BY THE
COMMISSION RELATED TO THE KNIGHT CENTER,
WHICH HAVE BEEN PENDING FOR THREE YEARS;
FURTHER DIRECTING THE MANAGER TO PROVIDE A
REPORT TO THE COMMISSION WITHIN 90 DAYS.
54 April 27, 2000
•
Upon being seconded by Commissioner Winton, the motion was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
55 April 27, 2000
.J
Commissioner Sanchez: Twenty-one.
0
Vice Chairman Gort: Twenty-one, term elected officials member of the boards.
Mr. Walter Foeman (City Clerk): Yes. I've provided to the Commission a chart,
which gives information on the Commission's appointments regarding...
Vice Chairman Gort: What actions?
Mr. Foeman: What item?
Vice Chairman Gort: What action are we to take?
Mr. Foeman: Twenty-one.- Well, according to the.Code, we just have to present
it for your consideration and review. No action is necessary at this. time.
Vice Chairman Gort: There is no action. OK. Is there any discussion on this item on
different boards?
56 April 27, 2000
Commissioner Teele: Mr. Chairman, I know you discussed the order of the day.
If I could. It's 10:15 and we can get out of here now.. The PZ items we can't take
up until 2 o'clock, is that right?
Vice Chairman Gort: Two o'clock, yes.
Commissioner Teele: But I don't want to be here at 6 o'clock if we don't have to
be here at 6 o'clock. So, I know you've made an announcement, but I assume
we're coming back at. 2:00 or 3:00?
Vice Chairman Gort: To finish the PZ items, yes
Commissioner Teele: Well, -- and I don't think we've got three . hours worth of
work. So, I mean, I'm not interested in being here aY 6 o'clock if we don't need to
be here at 6 o'clock. So, I would ask, respectfully, for you to consult with the
Manager and the Mayor and the Attorney and see if we can add just this 6 o'clock.
Because it's clear that we're not going to need to be here at six.
Commissioner Sanchez: Well --
Vice Chairman Gort: Well, unfortunately, the --we made an announcement, as I
was asked. I requested by several people to be here at 6 o'clock, and we
understand people might have made previous engagements, looking at the agenda.
Knowing that the agenda was going to be so short today, so -- but unfortunate, I
was requested out of the Mayor's Office -- for reasons.
Commissioner Teele: So, we've got the PZ people coming back at two.
Vice Chairman Gort: At 2:30, yes.
Commissioner Winton: Could we push -- can we push PZ --
Vice Chairman Gort: We can come back at 3 o'clock or something like that.
Commissioner Winton: Can we push PZ later?
Vice Chairman Gort: Yes, we can.
57 April 27, 2000
0
Mr. Donald Warshaw (City Manager): It has to be heard any time after two thirty
Vice Chairman Gort: After two -thirty.
Mr. Warshaw: -- so you could come back at 4:00, 4:30, 5:00. Whatever you desire.
58 April 27, 2000
Vice Chairman Gort: Any comments on this?
Commissioner Winton: If I remember right, a number of these terms that we have
been appointed to or drafted into, whichever the case may have been, it looks like
some of those terms...
Vice Chairman Gort: You want another one?
Commissioner Winton: No. It looks like some of those terms expire or have
expired, so what does that mean?
Mr. Walter Foeman (City Clerk): None of the terms have expired yet.
Commissioner Winton: Oh, they expire in May?
Mr. Foeman: Some of the board appointments, the respective boards, have
expired, but some expire in May. We have some boards that expire in May. But
the actual appointing -- appointments by. the Commission, they'll coincide with
the terms.
Vice Chairman Gort: Most of them were appointed in June, (inaudible)
appointment date. So, you have a whole year appointment. So, the
reappointment will not take place until June of 2000.
Mr. Foeman: Yeah. The Code --
Vice Chairman Gort: Those appointments were made -- most of the appointments
were made in June of `99. Reappointment will be made in June of 2000.
Commissioner Winton: Well, here is one as an example, the Miami -Dade
HIV -AIDS Partnership, which Commissioner Sanchez chairs, says that term --
appointed 6/22/99, but expires 5/30 -- oh. Well, maybe that's just an error. Sorry.
Vice Chairman Gort: Yes.
Commissioner Winton: Sorry.
Vice Chairman Gort: Any further discussion? All in favor state.
59 April 27, 2000
Mr. Foeman: Yeah. I'll check that.
Vice Chairman Gort: Oh, we don't need a motion.
Commissioner Winton: And the Miami Sports and. Exhibition Authority, same
thing.
Vice Chairman Gort: Just an informatiori --
Mr. Foeman: Yeah. That is a typo.
Commissioner Winton: Thank you.
60 April 27, 2000
Vice Chairman Gort: OK. Now, we go into the Citywide. The Mayor doesn't have
anything in front of us until 6:00 later on. District 1, I don't have anything. District 2,
Commissioner Winton, you have anything? District 3, Commissioner Sanchez.
Commissioner Sanchez: I don't have any items, but I just want to elaborate on something
that needs to be mentioned. One is, I want to congratulate the Solid Waste Department .
and Public Works for, right after the incident, the unfortunate incident that we had in our
community, they were out there the next day and I was with them turning over -- turning,
correcting, putting upward the trash cans, removing debris from the roadway, clearing up
the bus benches that were destroyed and placed in the middle of the streets, and, for that -
- and I'm one that, when City employees need to be commended, I'm there to commend
them for their actions. So I appreciate Public Works and the Sanitation Department for
coming out, not only my district, but throughout.the City.
61 April 27, 2000
Vice Chairman Gort: Commissioner Regalado, before we go into your item, I'd
like to recognize the employee of the year. I understand that we have him here,
and we have an award.
(Applause)
Vice Chairman Gort: Mary E. Leckband. You know, behind a very successful
woman, there is a husband, OK? I've been wanting to say that for a long time.
I've got six at home, guys.
Commissioner. Winton: May I read the commendation. It's a commendation from
City of Miami, Florida., Wheres Ms. Mary E. Leckband, an industrial
organizational psychologist for the Human Resources Department, has been an
outstanding employee and an asset to the City of Miami since her employment in
June 1997; and whereas during the past year her job performance and dedication
have exemplified the commitment to professional service that benefit not only
City government, but its citizens as well; and whereas for this reason, she's been
nominated for the outstanding employee of the year award. Now, therefore, I, Joe
Carollo, Mayor of the City of Miami, Florida, do hereby commend Mary E.
Leckband. Mary, congratulations and thank you.
(Applause).
62 April 27, 2000
Vice Chairman Gort: Commissioner Regalado, item 4. You have several
Commissioner Regalado: Mr. Chairman, last meeting we addressed the issue of
sidewalks, and sidewalks repair, and we asked administration to come back and tell us
what are the possibilities of expanding in the five districts the sidewalks repair program.
I have to say that there are many, many people that are happy with the way that sidewalks
are being repaired. We had, at the beginning, some problems with the contractors that
left things that were not fixed or broken fences or whatever, but I think that, after last
meeting, inspector, are going around and, you know, making those contractors fix that.
So, I don't know what's the report we have in terms of the future projects for all five
districts. I will tell you that this is something that really shows the good faith of the City,
because sidewalks is the first thing that you see when you come in or get out of your
home. It's a daily thing. So, Mr. Manager.
Mr. John Jackson (Acting Director, Public Works): Good Morning, Commissioner. John
Jackson, Acting Director of Public Works Department. I have a report on the sidewalk,
the amount of money spent on sidewalks. You had asked that we report back on -- we've
had one Citywide Sidewalk Replacement Project that, for this fiscal year, and it is
virtually completed right now. Three hundred and twelve thousand dollars ($312,000.00)
dollars. A good percentage of the sidewalk was in the Flagami area, and the remainder of
it was throughout the City of Little Haiti an&some in Model Cities. For the.remainder of
this year, we have three more projects that are planned. For the downtown sidewalk area,
that's funded by impact fees. It's out for a bid, which is the second bidding. The first
bidding we did not. get any bids, so it's out for bid right now, and we're going to be
spending about seven hundred and eighty-seven thousand dollars ($787,000) for that. We
won't know exact number until the bids come in. The Coconut Grove Sidewalk -
Rebuilding Project, that's an impact fee funded. It's out for 'bid. We're going to be
replacing a lot of the brick in the commercial area of Coconut Grove. And then we have
an additional Citywide Sidewalk Replacement Project that will be for all the districts. It's
going to be bid in May and we plan to award it in June, possibly get started working in
July. The City, we estimate, will spend about fifty-two thousand dollars ($52,000) of it
this fiscal year, and the remainder -- the balance of it will be in fiscal year 2001. For next
fiscal year, you can see the projects that are listed; we'll finish up the downtown sidewalk
and the Coconut Grove. We have two other -- three other projects. One, Little Havana
Community Development and Sidewalks Replacement by Community Development
funds. The Edison Sidewalk Rebuilding. That's the impact fee. Flagami sidewalk is
impact fee. And Flagami is about 223,000. That's pretty much it. Questions?
Commissioner Regalado: How is the -- I thank you for this information and I really
commend your department for the interest that you're taking. But how is. the process of
63 April 27, 2000
checking the work when it's done? As you know, we had some problems with the
people.
Mr. Jackson: Primarily, we have an inspector that's assigned to every project, and there
is a follow up, and we like to be on the job every day that there is activity being done.
Before we close out a project, we make sure that all of the locations are completed and
we've also got the NET administration that's helping us out in the way of identifying
work that may have been omitted by a contractor.
Commissioner Sanchez: Mr. Jackson -- Mr. Chairman, if I may address Mr. Jackson.
Mr. Jackson, I realize that for many, many years this financial situation that we're in, the
infrastructure to prepare sidewalks of course did not exist. We did not have the funds.
Now, we, due to our financial situation, which is much better today, much, much better
today, we could. focus on starting to repair and improve our sidewalks. Several months
ago I requested from the City Manager a list of areas that lacked sidewalks, not repair,
lacked because we do have some. areas throughout our. City, some being in Overtown,
that, you know, neighborhoods don't have any sidewalks, and I have that. You gave me
that. So, I just wanted to follow up and relate it to this matter to see what's also being
done in that. Because reading the memo that you're present today me today, if we were
to take care of every sidewalk that we have ,in our community, we're looking at about
what, almost twelve million dollars ($12,000,000) to take care of. But, you know,
Commissioner Regalado is right, that when you walk down the street, the first thing that
you see is the conditions of the sidewalks and just to emphasize on the liability issue. I
want to know what steps the City is taking to assure that that when we have areas that
sidewalks have reported liabilities, people tripping and falling and getting hurt and suing
the City, what steps does the City take to go out there and quickly as possible fix it so it
doesn't happen again?
Mr. Jackson: Whenever there is a claim filed the Risk Management. -- through the Risk
Management Office, they advise Public Works, and we immediately go out an safe it up
in a manner of putting asphalt down until we can get around to totally replacing the
sidewalk for every -- so, as we're notified, we're addressing the issue.
Commissioner Sanchez: Thank you.
Vice Chairman Gort: And following Commissioner Sanchez, I think that we have certain
lawsuits that are taking place, and I think those should be the priority to getting fixed.
And I want you to know one of the reasons a lot of the. sidewalks are being built right
now is because we, in sitting down with the Manager and the administration, we found
funds from the impact fee that cannot use in general funds. Those funds have a specific
use and have to use in the neighborhood, what the fee was revised for. So, that's why
with some impact fee can be applied to different neighborhood. For example, the
downtown Miami had about one point two million dollars ($1,200;000) in impact fee that
could be utilized for that. So do all the other neighborhoods. And it's good for people to
know so people will know how the impact fee that they pay, how it's being used to
improve. And I want you to know, this morning I ran into one of my neighbors, and,
64 April 27, 2000
finally, after two years, we were able to demolish a building and build a side walk on
14TH Avenue and 29TH Street, and the impact it has made, it has improved the
neighborhood immediately. People feel very happy about it, and I think this is the things
we need to do. Those properties get rid of them and fix the sidewalk. Thank you. Are
there any other questions? Yes, sir.
Mr. Raul Martinez (Assistant City Manager): Yes, Commissioner. Raul Martinez,
Assistant City Manager. I just want to make.sure that it's clear that the biggest obstacle
to new sidewalks is lack of dedication by the homeowners. Some just don't want it
because they have built fences or whatever, and -- so, that's beyond the money issue.
When they don't dedicate that public -- that area to the public, you just can't build a
sidewalk.
Vice Chairman Gort: In our neighborhoods, they don't have sidewalks and they don't
want sidewalks, and that's my understanding what you're saying. Any other questions?
Commissioner Teele?
Commissioner Teele: Mr. Chairman, again, on the Citywide, I would hope that you
would break that out by district. I'm not sure what this says. It's very clear to me that the
Coconut Grove and the central business district are getting the majority of the sidewalk
money. Now, some of that has to 'do with the impact fees. But, again, I just think it's
something that we need to take note of. There was a story -- an article, a column in The
Miami Herald recently that talked about two editorial writers or something that walked
from the Omni, downtown to the Miami River. .1 really wish you all would like at that.
Because those are the kinds of issues that impact literally hundred of thousands of people,
and it doesn't make sense to have a river like the Miami River and a performing arts
center, like we're building, and everything in between, and not have a walkway. I know
that the Manager and the staff used to take the high. profile visits, but you know, I would
invite you, Raul, and the Manager, to take a walk from the Omni to the river. Because,
you know, the point is this. If we don't have a clear path for people to come here -- I
mean, if they've got to jump across the street and do this and do that, something wrong
with our master planning of how we're looking at -- and I'm not at all, you know, saying
that the central business district is more important than the district that I represent. But I
do think, you know, I'm watching with green-eyed envy, as Mayor of Coral Gables crows
with great admiration about what they are doing to land Burger King in downtown Coral
Gables. We need to make, our community more friendly for visitors and businesses to
come to it. And I couldn't -- you know, I thought about it and then I went out there and
drove it. I didn't walk it yet.. But it really is -- you cannot walk from the Omni to the
Miami River because of the way the sidewalks are. And, you know the biggest problem,
City owned land. The land in front of Bicentennial, where the County pump station is
and all that, there is no sidewalk at all there. And it's just hard for me to believe that
we've invested a hundred and fifty million dollars ($150,000,000) in an .arena and, yet,
we're working against our own pedestrian traffic patterns. In other words, you can come
down on the Eastside of Biscayne to 395, and then once you get to 395, you've got to
cross the street because there are no sidewalks at certain points there in front of the pump
station and on the City owned land. That's City owned land. And, so, it's not a question
65 April 27, 2000
of right-of-way or paying for right-of-way. Just a question of planning. And I really do
think that we need to look at that. It's not just sidewalk repair, but we need a master plan
for it. The most important number is buried in here, Commissioner Gort, in this memo,
and that number is 11.9 million, which is twelve million dollars ($12,000,000), and you
can't see that number unless you read the memo. I guess that's what's design to make sure
Commissioners read it, but that's the number of what we estimate the demand to be, what
which ought to -- to make the sidewalk straight, Citywide, in all of the districts, it would
take about twelve million dollars ($12,000,000), and I really do think that's a number that
we ought to try to develop a plan, even if it's a 10 -year plan. We ought to work toward it.
Commissioner Winton: Well, at this rate, it's a 12 -year plan.
Commissioner Teele: Huh?
Commissioner Winton: At this rate, it's a 12 -year plan.
Commissioner Teele: It will be a 12 -year plan.
Commissioner Regalado: But one thing -- excuse 'me. One thing that we need to find out
is how can we make simpler the dedication of the area? Because I -- in 16TH Terrace, I
went to the people and two.of the people are willing - actually, everybody is willing to
dedicate whatever it takes, but they have to call an they have to fill things -- they don't
know. They don't know the process. They don't understand what -- you know, they don't
even know if they have to continue paying taxes. They don't understand nothing about
this -- it's very complicated. And these people are willing to dedicate and we can proceed
with 1.6TH Terrace completely, the whole block. But they don't know how to do it and I
don't know, Raul, it's -- you know, what can we do in order to have a fact sheet maybe.
This is what you need to do. This is what you need to fill, and then we'll take it to them.
Because they are willing to do it but they don't know how.
Mr. Martinez: And, Commissioner, let me say. That's a great idea. We'll' get the
information to all of the NET (Neighborhood Enhancement Team) Offices so they can go
there and we'll create something that is a walk through and if the NET Offices can walk it
through, we'll do it for them. But don't forget, prior to probably this year, you know, we
didn't go out to seek the public's input because we had no money to do sidewalks, and
most of the money we had was repairs, other than impact fees.
Commissioner Regalado: Well, I understand. I understand. The thing is that, you know,
at least in our district -- my district, people are seeing that we're building sidewalks, and
then they say, " Well, why don't you build mine. And then you respond to me, "Well,
they need to dedicate that." Now we go to them and say, how can we do it? There is a
phone number that they can call, but they get all mixed up. So, people are willing to do
it. To get a sidewalk, people are willing to dedicate their property.
Vice Chairman Gott: Let me give you a suggestion. When you put your fact sheet
together, try to figure out -- put it on channel 9, how much also -- that property will come
66 April 27, 2000
off -- that portion of the property will come off of the tax roll, I imagine, so there might
be some savings for the residents, and I don't know if there is. So, that's something we
should look in. Because people look at the economics a lot of times. That's very
important also. Not only you get a sidewalk, but you might be able to save something.
Vice Chairman Gort: Yes, Commissioner Winton.
Commissioner Winton: Mr. Chairman, I want to piggy back on a comment that
Commissioner Teele made about being able to walk from the river to the Omni. We have
another problem down there that really is a City problem. The County built the new
arena, and which, you know, I'm thankful that that got done, but the traffic problem or the
management of traffic is not a County issue. It's really a City issue. We get blamed for
whatever the problems are. In getting traffic in and out of that arena is a real major mess.
People literally can't leave the arena and go north and there are a lot of people go to that
arena coming from the north. So, I would like to see our staff do an in depth analysis of
traffic flow coming out of -the Arena, and develop a real traffic management plan for that
arena. Because it's our image at stake here, and what we want the public to see is that we
understand our issues. We're concerned about public image and we will solve problems
to make the trip in an out of the arena an, efficient and fun experience, as opposed to the
very frustrating kind of thing they have to deal with now. Thank you.
67 April 27, 2000
27 DISCUS'SIUN C(,,- ®NNG.PROPC�SE`D;CIFIILDREN'S'S MUSEUM.
,.��.
Vice Chairman Gort: OK. Thank you.
Commissioner Regalado: The other issue, Mr. Chairman.
Vice Chairman Gort: Children's Museum.
Commissioner Regalado: Issue B, it's a discussion concerning the Children's Museum.
Actually, it's not a discussion. Rather, it's an idea that I want to bring to the Commission
for the Commission to decide and for the Commission to further study with the
administration. I had some people come to me and show the plans of the Children's
Museum, and this is an extra ordinary thing for our community. And since they are
having difficulties with the Roads Section area, I will feel that this Commission should
discuss the possibility of Bicentennial Park to place the Children's Museum. And the
reason is they do have the money in place to start construction. Construction is about
eleven million dollars ($11,000,000). They have already seven million dollars
($7,000,000) for the project. That project fits really within the framework of a park, and I
just thought that it be nice for the Commission to discuss, eventually, not today, but
eventually this issue and to, you know, look for ideas from the administration and from
the people, and maybe we all can have a public presentation by the people who are
organizing the Children's Museum. I saw the plans, and it's really beautiful. And I
cannot think of anything that would look nice in the waterfront than the Children's
Museum. So, that's the only thing that I wanted to say about that.
Vice Chairman Gort: Let me add a little bit to that, and maybe -- while you're looking at
that, the Museum of Science is also looking for --, they have a beautiful project of
expanding the Museum of Science, and expanding -- they are now being awarded -- they
are co-partner with the Smithsonian Institute, which we should be proud of that, and
that's something that all major cities need, a museum, something we put together. So,
when we looked at it, make sure you also look at the ability, maybe, of bringing both
museums together and they can work together. My understanding, this other museum
also has the funding to do a building, but they need a place for it to go to. Maybe they
can go both together. Not only Bicentennial, but I think you should look at the Virginia
Key and soon and -- next..
Commissioner Regalado: Well, next item.
68 April 27, 2000
C
Vice Chairman Gort: Next?
•
Commissioner Regalado: Well, next item, I would defer item C' for the reason that Mr.
Ted Stall, who has been the driver of this issue, thought that this was going to be
discussed in the afternoon, and it would have been had not the Mayor requested that we
do something that we needed to discuss immediately at 6 p.m. So, he cannot be here
right now, and I think that it's important that his input will be of interest to this. So, I
would try -- I would like to put this on. the agenda for the next meeting, and set a time
certain so him and other people -- and we need to advise, of course, the media for their
comments, in terms of their input,.too, so Raul, if we can place this for a time certain,
maybe next meeting, around 3:00, 4:00 or 5:00? I don't know what time.
Commissioner Teele: Next meeting -- if I may? The morning is a Commission meeting
The evening is a special --
Vice Chairman Gort: Right.
Commissioner Teele: -- Community Development meeting. So we need to be careful
that we don't -- I mean, obviously we can accommodate anything that you'd like to do.
Commissioner Regalado: Right: In the morning.
Commissioner Teele: Why not 11 o'clock?
Commissioner Regalado: Eleven o'clock. Eleven o'clock time certain.
Mr. Raul Martinez (Chief of Police): Commissioner, we will have ready for the next
Commission meeting the revised new ordinance for news racks. We will advise the
industry as well as Mr. Ted Stall, that it will be time certain for 11 o'clock in the morning.
69 April 27, 2000
Commissioner Regalado: OK. The other issue is a resolution. I heard -- I always hear in
the City Commission, all the members asking the need to support business to increase the
business input in the City of Miami, and I feel that we can do a lot without costing the
City any money, by honoring every month a business of the City of Miami, who has done
good for the City, who has had faith in the City of Miami, who has brought their
businesses to the City of Miami. So, this is a resolution directing the City Manager to
develop a process which -- with a specific objective, criteria, to recognize businesses that
have improved the lives of the citizens of Miami, and further directing that said
recommendations be presented to. the City Commission so that one business a month may
be designated at the business of the month of the City of Miami. And I think that that
would be a moral support to people that do business in the City of Miami.
Vice Chairman Gort: That's an excellent idea, and I think it would be -- a program that is
very easily can be implemented to the NET (Neighborhood Enhancement Team) Offices.
I mean, we all understand there are a lot of businesses that do a lot of community
donation and community work, and new businesses that come into any one
neighborhood, I think it's an excellent idea and should be recognized. And it should be
very simple to implement through the NET Office. OK.
Commissioner Regalado: And, you know, Mr. Chairman, you were there several days
ago when a branch of a bank was open in Southwest 8TH Street in West Little Havana.
You know, the Chairman of the bank said, we have faith in Little Havana, in Southwest
8TH Street, and, you know, it's commendable. And it's important. And I think -- so, this
is why I am moving this resolution.
Vice Chairman Gort: There is a motion. is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor --
Commissioner Teele: How are these businesses going to be selected?
Commissioner Regalado`. Commissioner, the way it is, that they have an impact on the
citizens of Miami, like, for_instance, when a major company brings a business to one of
the districts of the City, when a company works to fix the facade, or --
70 April 27, 2000
Commissioner Teele: I understand what you're saying. I would hope that the Mayor --
you and the Manager would work together to create a working group within the City staff
of professionals, because this could wind up becoming, you know, NET (Neighborhood
Enhancement Team) Offices recommending, dah, dah, dah, dah,, you know. It probably
should not be oriented by NET Offices, per se, because that's going to work against the
downtown businesses, if you're going to start rotating them around. I mean, I really do
think it's a great idea: But I think we ought to make sure that the staff works with
Commissioner Regalado and develops a process that is -- it's internal and not a public
process, in how these recommendations are coming. And obviously, anyone should be
able to make recommendations from the Mayor to Commissioners, from time to time, but
I do think it ought to have -- we ought to pull something together so that this doesn't wind
up being something that we'll be embarrassed by. I think it's a great idea, and I commend
you for bringing it forward.
Commissioner Winton:. Well, and define the standards by which you want to recognize
people. I mean, that's the key. If you've got standards, then you can prevent that kind of
thing, Commissioner Teele.
Commissioner Regalado: Standard, yeah. You're right. The standard that --
Vice Chairman Gort: It's natural you have to put the standards and guidelines and criteria,
but the reason I mentioned the NET Office is because they are the one in contact on a
daily basis, and they see the new permits coming into the areas an they work with the
merchants an they know what they are doing in there. And I think you're correct, there
has tobe certain standards and they have to meet those standards. OK. Any further
discussion on this motion? 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. 00-358
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO DEVELOP A PROCESS WITH SPECIFIC
OBJECTIVE CRITERIA, TO RECOGNIZE BUSINESSES THAT
HAVE IMPROVED THE LIVES OF THE CITIZENS OF MIAMI,
FURTHER DIRECTING THAT SAID RECOMMENDATIONS BE
PRESENTED TO THE CITY COMMISSION SO THAT ONE
BUSINESS A MONTH MAY BE DESIGNATED AS THE "BUSINESS
OF THE MONTH. "
(Here follows body of resolution, omitted here ' and on file in the Office of the City
Clerk.)
71 April 27, 2000.
Upon being seconded by Commissioner Winton, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: INone.
ABSENT: Commissioner Joe Sanchez
72 , April 27, 2000
Commissioner Regalado: The other resolution, Mr. Chairman, it's a -- recently, the
Commission appointed me as Chairman and appointed members of Economic
Development Committee. The committee' will be , bringing the first report to the
Commission, next month, and as part of that, we will hear that -- there are talks with the
County regarding Watson Island and some of the area of Watson Island. I am asking the
Commission to appoint this committee, through me or the designee, of the Commission
of the committee to participate with the administration, in listening into these talks so we
can report back to the Commission monthly -- on monthly basis with what is going on
with this --
Commissioner Teele: I would so move, Mr. Chairman.
Vice Chairman Gort: It's .been moved. 'Is there a second?
Commissioner Teele: With one proviso.
Vice Chairman Gort: Is there a second? Wait a minute.
Commissioner Teele: Seconded by Regalado.
Commissioner Regalado: I'll second.
Commissioner Winton: Second for --
Vice Chairman Gort: Second.
Commissioner Teele: Mr. Chairman, with one proviso. When you start having
negotiations, I'm comfortable with Commissioner Regalado. I'm not comfortable with
the designee, and I would trust him on anybody he would designate. But you know, you
start getting into conflicts of interest issues and disclosure issues. and I would hope that
the designee provision could be eliminated. I have full confidence in Commissioner.
Regalado. The other point, Commissioner Regalado that I want to add to this is that any
negotiations like this need the advice of a financial advisor. And we just approved the
financial advisors, and I would hope that one of the things that you would do is ensure
that you work with the management staff to do that, because to be very specific,
everybody was running around crowing about a million dollars ($1,000,000) for the use
of a slip over on Watson Island, and when we figure out that the Bayfront Trust is getting
about seven hundred thousand dollars ($700,000), when you add up all of the fees and
dockage and everything for that little gaming ship, a million dollars ($1,000,000) is not a
lot of money. So, I think the best way to determine that is you get a financial advisor that
73 April 27, 2000
can look at what these kinds of dockages around the country are paying, and give us a
very good idea. So --
Commissioner Regalado: I would add; Commissioner, to the resolution that a
representative of the financial advisor also be present at the talks with the administration.
Is that appropriate?
Commissioner Teele: Yeah. I don't -- I just think that you -- you know, if you want it,
that's the way you ought to have it. But I think -- you know, the point is that the
administration should designate a financial advisor to really go out and look at
comparable around and -- so that we could . get the advice. That's one of the things that,
you know, these firms do for a living.
Vice Chairman Gort: OK. Commissioner Teele, I might be wrong, but please correct me
if I am. But my understanding the financial advisor, you all approved .today is only to
deal with bond issues, and when ever you're going to do a bond issue, it's a different --
Commissioner Teele: No. It's A to Z. It is A to Z, including the MSEA (Miami Sports
& Exhibition Authority) and the agencies.
Vice Chairman Gort: OK. Good. Great. Yes. By all means. Any further discussion?
Commissioner Winton: Yes. I think, that also -- and I think that the idea that the advisor
-- because it's crucially important, before we can approve anything, that we have
comparable from around the country. I mean, that's absolutely crucial. But there is
another part of this that we have to be very careful with, and that is when you're in
negotiations, you've got to be very careful, particularly when you're 'in this late in
negotiations, what kind of new parties get interjected into those negotiations and how it
works. So, if I understand this correctly, Commissioner Regalado, this is listening and
reporting back to us --
Commissioner Regalado: 'Listening in to report to the Commission.
Commissioner Winton: Which is -- and I think that's great.
Commissioner Regalado: And then, you know, recommend -- for the Commission to
recommend to the administration.
Commissioner Winton: Right. Wonderful.
Commissioner Regalado: I mean, because they might be something that is the going on
and we don't, know, an then we all can -- so, it would be listening in.
Commissioner Winton: I'm comfortable with that.
Commissioner Regalado: OK.
74 April 27, 2000
0. 0
Commissioner Teele: Call the question.
Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying
Vlaye.11
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-359
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
TOMAS REGALADO, IN HIS ROLE AS CHAIRMAN OF THE
ECONOMIC DEVELOPMENT COMMITTEE, TO ACTIVELY
PARTICIPATE IN ALL FUTURE AND CURRENT NEGOTIATIONS
BETWEEN THE CITY OF MIAMI AND THE PORT OF MIAMI
REGARDING PORT EXPANSION ON WATSON ISLAND; FURTHER
DIRECTING THE CITY MANAGER TO INSTRUCT THE
PARTICIPATION OF THE CITY'S FINANCIAL ADVISOR IN SAID
NEGOTIATIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted.
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Joe Sanchez
75 April 27, 2000
Commissioner Regalado: Mr. Chairman, the other resolution is about the City of Miami
press releases. I have seen press releases of the City of Miami and I feel that we should
direct the City Manager to include in the City of Miami press releases the name of the
Mayor and City Commissioners and to seek the input of the Mayor and the City
Commissioners when disseminating information to the media. The reason for this is
because. For instance, if you are going to have a park opening, let's say, and it's in
anybody's district, you can probably have the Media Office check with the
Commissioners office of that district, probably that Commissioner will feel that he should
bring some kind of activity or a class from a school or whatever, a reverend or a priest or
whatever, and that -- and say, well, you know, I cannot be there at your time, but I can be
there at this time. So the City can reschedule events, so a Commissioner of that district,
and, of course, the Mayor, if he wishes to, could be there for that ceremony. And when I
say that ceremony, you know, you're talking demolitions; you're talking anything that you
want to do. So, it's important to seek the input. Because now we get (inaudible)
complete. I mean, you know, we get the press releases going to happen and then.
Commissioner Teele: You know, I really hate that this is the kind of item that we're
going to discuss here because, to be very candid, this is something you in a conservation
with the Manager or the director of Media Relations, through the. Manager -- I mean,
these are the kind of things that really kind of look self servant. On the other hand, it
really doesn't make sense to have a board of directors of a City and they not be included.
I mean, -- I don't understand what the issue is. I mean, why do we have to direct that? I
mean, why can't the management just understand that that's good form. I mean,
Vice Chairman Gort: I think the message is there.
Mr. Donald Warshaw (City Manager): I understand. Gort.
Commissioner Regalado: OK.
76 April 27, 2000
Commissioner Regalado: Now, the other thing is, several weeks ago, Commissioner
Winton mentioned that -- when we were discussing Channel % that we should. -- that I
should come with some kind of --
Commissioner Teele: Recommendation.
Commissioner Regalado: -- recommendations for programming. I have many, but I'm
not going to bore you with all of those. But I do have an idea, which I have in this
resolution for you all to consider, and this resolution -- and, you know, it says directing
the City Manager - because I suggested this and we recommended this about two years
ago, and it never happened. So, now, by directing the City Manager, I think that this is
going to happen. I hope. It will be directing the City Manager to utilize Media Relations
and NET 9 to highlight the accomplishments of Commissioners in their district, focusing
on one Commissioner 's district per month, on a revolving basis, bay creating a program
entitled "Meet Your District Commissioner"., And this is not self -servant. This is
something that the County has in their TV station. This is something that the City of Fort
Lauderdale has. This. is something that the City of Coral Gables have in their -- I mean,
small cities and counties have that; and why is this? Well, because it takes little effort to
film the NET (Neighborhood Enhancement Team) Offices in the different districts. It
takes very little effort to showcase the numbers of the Commissioners, a message from
the Commissioner. The services that you think that your office can provide. And I tell
you, it's -- we -- you know, we get calls from our district and it is a shame that we have a
TV station that is always -- most of the time with these computers letters, and I think that
if you do film that, that could run several times in:a month, and it would not cost the City
a lot of money. That could be edited in their studio, which, by the way, we could
broadcast from that studio with only two or three thousand dollars ($3,000) of wiring and
lights. I was there. I know what I'm talking about because that's the thing I do. If you,
Mr. Manager, give them three thousand dollars ($3,000), they can have lights and cable.
And you can record anything you want in that studio, in the Fire College.. Anything you
want. I mean, you cannot do a soap opera, but you can do, you know, interviews and you
can even bring several guests. They have at least four or five microphones, so you can .
bring a lot of people. So, you know, I hope that this is seen as part of enhancement of
Net 9.
Commissioner Teele: Second the motion.
Vice Chairman Gort: Moved, second. Discussion? Being none, all in favor state by
saying "aye."
The Commission (Collectively): "Aye."
77 April 27, 2000
•
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION NO. 00-360
A RESOLUTION 'OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO, UTILIZE MEDIA RELATIONS AND NET
9 TO HIGHLIGHT THE ACCOMPLISHMENTS OF
COMMISSIONERS IN THEIR DISTRICTS, INITIALLY FOCUSING
ON ONE COMMISSIONER PER MONTH ON A REVOLVING BASIS,
BY CREATING A PROGRAM ENTITLED "MEET YOUR DISTRICT
COMMISSIONER. "
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Joe Sanchez
78 April 27, 2000
•
Commissioner Regalado: I'm done.
Vice Chairman Gort: Any other items to come --
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes.
Li
Commissioner. Teele: Two items. There is an item you skipped, which was the financial
report from the City. I think it was item number
Mr. Walter Foeman (City Clerk): Twenty-two.
Commissioner Teele: Huh?
Mr. Donald Warshaw (City Manager): If you'd like to do that now, we could do it in
conjunction with the departmental presentation, whatever you wish.
Vice Chairman Gort: We can do it now. We have time
Mr. Warshaw: OK.
Commissioner Teele: Let's do it now, please. Which departmental presentation we
have?
Mr. Warshaw: GSA (General Services Administration).
Commissioner Teele: He doesn't have his glasses on. Where are your glasses?
79 April 27, 2000
0
Mr. Scott Simpson (Assistant Director, Finance):, I'll speak today. That's the smart guy.
I'm the guy who doesn't talk, remember. Scott Simpson, the acting Finance Director.
We're proud to present the February financial report. The highlights overall, the
expenditure controls seem to be in place. Well, I did. Scott Simpson, acting Finance
Director.
Commissioner Teele: Name. Name and department.
Mr. Simpson: Well, I did. Scott Simpson, acting Finance Director. Revenues seem to be
coming on track. The revenue that seems to have the most publicity is the parking
surcharge revenue. It is continually coming on track around eleven million dollars
($11,000,000), which does not include any money from the County. We're projecting the
County's estimate to be annualized anywhere from million and a half to two million
dollars ($2,000,000) on an annualized basis. The only thing that you'll see changing in
the February book to the March book is that the March book will reflect all the year-end
audit adjustments, so the fund balances will be reflected. The reconciliation of the
special revenue projects also be reflected in the book and it should be decreased
substantially in size. What we're looking for in the May to June report would be the final
reconciliation for the capital improvement projects. Other than that, everything seems to
be on track. Any questions?
Commissioner Teele: Do we have a quorum?
Commissioner Regalado: No, we don't.
Commissioner Teele: Do'we have a quorum?
Commissioner Regalado: No, we don't. He has to stop.
Commissioner Teele: Well, he doesn't' have to stop. We can't take action -- is
Commissioner Winton in the room, in the building? Scott, let me ask you, in terms of the
parking surcharge, how are using the parking surcharge funds and are you certain that
we're in full compliance with the restrictions as imposed by the . statute? I'm sure the
answer is yes, but I just want to establish on the record that that is your view.
Mr. Simpson: Yes. Currently, we've only spent roughly about fifty thousand dollars
($50,000) in legal bills, which is far under the State mandate for percentages we could
use for collection. The money has been segregated in a separate project, as far as
revenues and expenditures.
Commissioner Teele: How are we using the eleven million dollars ($11,000,000), that's
sort of the question -- and that's a tricky question. If you don't want to answer it or --
Ms. Bertha Henry (Assistant City Manager): Bertha Henry, Assistant City Manager.
Commissioners, as you recall, this year, we did several things. First and foremost, we
80 April 27, 2000
reduced the property tax millage rate from ten mills to nine and a half, which is a half
mill reduction. We also did not increase --
Commissioner Teele: So that millage rate accounts for how much of the money? What's
a half a mill?
Ms. Henry: A half a mill is about 6. 5 -- 6.2, 6.5 million.
Commissioner Teele: So, we actually reduced it four tenths of a mill, though, right?
Ms. Henry: No. It's a half a mill.
Commissioner Teele: Was it five tenths or four tenths?
Ms. Henry: Point five mills.
Commissioner Teele: Point five? OK.
Ms. Henry: Yes. We also -- we did not increase the fire fee, as you recall. That was
supposed to be -- the value of that was, about four point two million. The legislation
requires that 80 percent of that 11 million go for tax and fee reduction. We are far ahead
of that, as we stand right now. The other 20 percent is going to the reserves as the
legislation requires.
Commissioner Teele: To the reserves?
Ms. Henry: Yes.
Commissioner Teele: What reserve are you putting it in?
Ms. Henry: Commissioner, at the end of the year, we will -- the fund balance that we
have will have a designation for the parking surcharge reserve commitment. So, it will
be part of the, fund balance for this year.
Commissioner Teele: Would you prepare a resolution for me at the appropriate time, the
next available meeting, that instructs the Manager to file a report to the appropriate
persons in Tallahassee, the Speaker, the Governor, the Speaker, and the President. and
Senate as to -- to our compliance with that?
Ms. Henry: Absolutely
Commissioner Teele: Just as a matter of proforma courtesy, please.
Ms. Henry: Absolutely.
Commissioner Teele: Now, the surcharge expires in how many years?
81 April 27, 2000
0. �
Ms. Henry: I think it's seven years. Six or seven years.
Commissioner Teele: I thought it was five. OK.
Ms. Henry: No. It's five years? Oh, I apologize. Five years. .
Commissioner Teele: I think it's five years. So, in other words, we have four more years
of the surcharge.
Ms. Henry: Yes.
Commissioner Teele: OK.
Ms. Henry: After this year.
Commissioner Sanchez: After this year, three years.
Ms. Henry: Well, it started, technically, September 1, so we have to go through
September -- August 30 of this year to fully complete a year. So, we're just about a year -
- a month away from a year.
Commissioner Teele: Ms. Henry, you had a recent meeting with the estimating
conference. Are there any revenues that are coming in, below expectation, and are there
any coming in above expect -- significantly below and significantly above?
Ms. Henry: The discussions that we're having with the estimating conference right now,
they are -- we're doing two things. First, we are reconciling the five-year -= the adopted .
budget to the Five -Year Plan. As you recall, in October we revised the Five -Year Plan,.
and we increased some revenues over and above the plan. The most significant one was
the property -- sorry. The parking surcharge. We went from seven point two to ten, and
as part of this estimating conference, we're moving that to eleven. There are a few other
revenue sources that are somewhat falling behind. Delinquent property taxes, I believe,
is one. I'm sorry. The personal property. Personal property taxes are falling below
somewhat. But that's being made up in some of the other tax categories. We will provide
you with a report of that as soon as we're done with -- right now, it's just negotiating with
them as to what's reasonable in terms of our forecast.
Commissioner Teele: Have we put in place an aggressive program comparable to what
Hialeah has to contest and challenge reductions in ad valorem and property taxes at the
Value Adjustment Board? And can we get a report on that? You remember, we awarded
a contract for somebody to do that, and then I start hearing that that contract's scope was
changed or something. But is that in place now and --
Ms. Henry: It is in place, and it's a contract that is administered by Asset Management.
They are our eyes and ears at. this point, at the Value Adjustment Board.
82 April 27, 2000
Commissioner Teele: Mr. Chairman, Mr. Manager,
Vice Chairman Gort: Yes
Commissioner Teele: We read in the newspaper recently that Ms. Henry is going to be
leaving the City of Miami. Now, I don't know if there has been any discussion of that.
But, Mr. Manager, can you confirm or deny the accuracy of that newspaper --
Mr. Donald Warshaw (City Manager): Unfortunately, I can confirm it, and Ms. Henry
was offered a job as the Deputy County Manager of Broward County, and she and I have
had numerous discussions about her remaining in the City, and while I painfully hate to
see her leave, I'm proud of the fact that her work was recognized here and that someone
reached out and saw that she was a valuable asset and would be obviously valuable to
Broward County. So, yes, I can confirm it.
Commissioner Teele: Mr. Attorney -- madam attorney, would you prepare a resolution,
at the -- what is her effective date of departure? I'm sure you've worked out a transitional
agreement with her so that she'll be available at least for the next 18 months or.so. But --
Mr. Warshaw: And I want to tell you, as long as you're asking me, -- you know, I think
you all know this. Bertha Henry is usually one of the first one in and the last one to leave
everyday. She's even there. Saturdays and Sundays. I've never seen a more dedicated --
Commissioner Teele: Are you suggesting she needs a time management --
Mr. Warshaw: And let me tell you what she did. I guess she has a great passion for the
City. That even after the date that she gave for her departure, she let her new boss know
that she's going to be coming back here for budget and oversite hearings and thing that
are going to go way beyond the departure date.
Commissioner Teele: What is that date?
Ms. Henry: May 19.
Commissioner Teele: May 19. So, I guess it would be the next Commission meeting. If
we could have a resolution -- and if we could work with the Mayor's Office to get an
appropriate proclamation that could --
Vice Chairman Gort: We could always have it after May 19. In that way, we make her
come back* again.
Commissioner Teele: Yeah. That could be signed by all five Commissioners, madam
attorney. I think -- sort of like the citizen of the year or the employee of the year. I -- it
would have been nice if all five Commissioners could have signed that as well. But I do
think that Ms. Henry, obviously, your talents are being recognized,and it's, I'm sure, more
83 April 27, 2000
convenient for your family. So, we will be watching and wishing you God's speed, and -
- if the past is any indicator, there will always be a job down here somewhere, without
turn over. So, thank you.
V
Vice Chairman Gort: Thank you. Are there any other questions.? Thank you very much.
It's any -- the wish of this board, we come back at 4:00?
Commissioner Teele: Are we going to hear from GSA (General Services
Administration)?
Commissioner Winton: I have two quick things.
Mr. Donald Warshaw (City Manager): After lunch.
Vice Chairman Gort: Yes. I'm sorry. Commissioner Winton.
Note for the record: PZ items 7 and 8 were postponed until 5:30.
Commissioner Winton: I have two quick things. On PZ item 7 and 8, we have a request.
There are a significant number of neighbors in the area that want to be available for PZ -7
and 8 this afternoon. They can't be here until 5:30. Can we have PZ -7 and 8 done at --
you know, at least a rough time specific, around 5:30?
Mr. Donald Warshaw (City Manager): Sure
Commissioner Winton: Thank you. And I'm waiting on a pocket item that -
Vice Chairman Gort: (Inaudible) pocket item.
Commissioner Winton: Oh.
Vice Chairman Gort: Go ahead.
Commissioner Winton: And I don't -- does everyone have this yet. Am I the only
one that has this?
Vice Chairman Gort: Yes.
Commissioner Winton: Right. OK. We can -- I'm told we can do this at the end
of the -- can we do this at the end of the P and Z agenda?
Vice Chairman Gort: No problem. We can do it any time afterwards.
Commissioner Winton: Fine. Thank you.
84 April 27, 2000
•
Vice Chairman Gort: OK. We come back at 4:00.
•
85 April 27, 2000
Commissioner Teele: Mr. Chairman, on a pocket item approach. Mr. Chairman, there --
I would ask that the Manager prepare the appropriate ordinances creating a special
parking area for the area behind 11TH Street and the Miami River, which we've discussed.
The Public Works Office was asked, about four months ago, to come up with sticker
decals or something. What you have is a flight of everyday from Jackson hospital
looking for places to park, and I really think that you all ought to go through that whole
area. Commissioner Gort and I share that area. But we need to create some overlays in
there, where we restrict parking for one hour, unless you have a sticker or something.
Because that's becoming a major problem for neighbors' and, particularly, the area
between 11TH Street, 12TH Avenue, and 7TH Avenue, 11TH Street and .the Miami River.
Mr. Raul Martinez (Assistant City Manager): And, Commissioner, if I may. Raul
Martinez, Assistant City Manager. The -- what's holding us back on doing this, the
Department of Off -Street Parking has met with the citizens of Spring Gardens in the area,
and they want to charge them a fee to be able to do this, and. appears to be. a pretty
expensive fee.
Commissioner Teele: Who wants to charge them a fee?
Mr. Martinez: The Department of Off -Street Parking to do this.
Commissioner Teele: Yeah. But see, you know, Off -Street Parking doesn't make the
policy for this City, and, you know, they are -- they work for us, less the tail and dog, let's
keep that part straight. I'm not trying to get a fee for off-street. parking. There is enough
parking in there. The reason that they are doing this is to keep from parking in the
Jackson Hospital garage. This isn't excess capacity. And -- I mean, there is no need to
institutionalize bad policy. It's bad policy to have people parking all up and down the
Swale areas of these communities, an to charge them to be this is institutionalizing bad
policies.
Mr. Martinez: Commissioner, we don't disagree with you. I know we've attended quite a
few community meetings there, and Off -Street Parking came back with a plan that assess
quite a fee to implement and then -- when 'we went to Off -Street Parking, can you rethink
that, see if you can lower. the price on that charge, they haven't come back yet with that.
Commissioner Teele: Mr. Manager, I'm not interested in charging the people, at all.
There are sufficient parking facilities --
Vice Chairman Gort: We would not approve meters. That's all.
86, April 27, 2000
Commissioner Teele: You know, we're not going to approve meters in this. We're not
going to put meters in residential areas. The problem is, you've got all of this area where
people are just coming in and parking their cars in front of people's houses, all up and
down the road in there. If they want to put meters on 11TH Street, you know, where the
water and sewer facility is and down to win Winn Dixie, that's one thing. But to go back
into residential areas just to chase people for a few quarters, that's institutionalizing bad
public policy. So, I would ask you to look at that.
87 April 27, 2000
Commissioner Teele: And the other thing, Mr. Manager, I would ask for you to place -- to
have someone from your Audit Office or somewhere to review this issue relating to the
license that was granted to the Miami Heat and to place that issue on the agenda for a
review in the next 30 days.
Commissioner Winton: What license?
Commissioner Teele: A license was granted to them. It was not a pocket item, although
The New Times and now The Herald have both expressed an issue that it was a pocket item.
It was an item that was put on the agenda. The Attorney put it on, by memo, late, and I
think, to clear the air -- there were a lot of promises made of a million dollars of
improvements. This is the area related .to the dockage on -- the City has land between the
road and the bay and -- in October/November, there was this issue of opening up the Arena
and having someone to clean up that area, be responsible, sort of be the marine cop that
controls the slips there, which aren't really marked and all that. The Heat stated on record
that they would make a major expenditure, et cetera. I don't know if that was made. But I
would like to have that -- they have a 30 -day notice on that? So, madam attorney, what I'm
asking you to do is to give them the notice and let's review it, let's say, the first meeting in
June, as to whether or not we extend it, OK? Mr. Manager, I'm asking that you trigger the
notice provision. And I have no objections to continuing that relationship. I just want to
understand what the relationship is. I also want to cure, if possible, the notion that this was
a pocket item. If we want to do it, let's just do it with full; public disclosure.
Mr. Warshaw: I understand.
Commissioner Teele: And we could schedule that, say, for the first meeting in June.. That
will give you all an opportunity to advise -- to review the records and determine what the
expenditures were. It gives the Attorney the time to give them notice .that this item will be
reviewed, subject to the 30 -day cancellation clause, and if we want to continue it, we'll do
that in June. And if we don't, you know, it will be a different story. I intend to continue it,
but I don't know if they've lived up to the terms of their conditions.
Mr. Warshaw: OK.
88 April 27, 2000
Vice Chairman Gort: Thank you. Pocket items? Johnny.
Commissioner Winton: Yes. This is a resolution of the City of Miami
Commission, with attachments, authorizing the City Manager to execute a
mutual aid agreement in substantially attached form between the City of
Miami and Broward County Sheriff's Office -- well; I'll start that over.
Broward County Sheriff, Florida; for the purpose of rendering mutual law
enforcement assistance, and we have members of the Chief's department
here to explain this.
Mr. Ray Martinez: Thank you, Commissioner. Assistant Chief Ray
Martinez with the Miami Police Department. This will allow us to --
Commissioner Winton: Who is that beside you?
Vice Chairman Gort: Excuse me. Is that your assistant on your left there?
Mr. Martinez: This is my son, Michael Martinez, and he's spending the
day with me. I told a little story -- Mike, Mikey, Michael. I told a little
story last year. He was the first age eligible to come to work and I was
out of town and he actually got the honor of going and working out with
the University of Miami baseball team, and he's a big baseball player. So
he's a little disappointed that I'm in town this year, and he didn't get to go
back with UM (University of Miami), but I kind of wish I was out of town
today also. But we're here. Commission, this. is a resolution that will
allow us to request mutual aid from the Broward County Sheriff's Office.
With the event of last week, we had reached out to Broward County to
render some assistance, which they did provide. But in reviewing . our
documents, we don't have a mutual aid with Broward Sheriff's Office.
And the entire purpose of the mutual aid, if something is happening here
locally that taps out all of our resources and generally, will tap out all of
Miami -Dade Police Department resources, we need to have the ability to
call in our neighbors and Broward Sheriff's Office has been very generous
in helping,us out, and we just want to formalize that relationship or that
89 April 27, 2000
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agreement with Broward Sheriff's.
Vice Chairman Gort: My understanding, this is also to be utilized in the
case of an emergency with national disaster with --
Mr. Martinez: Hurricanes, yes.
Vice Chairman Gort: -- each one -- either Broward or Dade would need
help. OK.
Mr. Martinez: Yes, sir. Yes.
Commissioner Sanchez: It's a mutual aid pack that you have with
basically just about everybody else around us, so, so moved.
Mr. Martinez: We currently have one with all of the Miami. local
municipalities in the County.
Commissioner Sanchez: So moved.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Any further
discussion? Being none, all in --
Commissioner Teele: This is agreement is dated February the 16. it was
signed by Harvey Ruvin and Merritt Steirheim.
Mr. Martinez: Commissioner, that's just a -- that was a sample that was
attached. There is a new resolution that's being --
Commissioner Teele: But -- what?
Mr. Donald Warshaw (City Manager): The first three pages are the actual
resolution. What's attached is a sample.
Vice Chairman Gort: First three pages are out.
Mr. Warshaw: What's attached is a sample copy of an existing mutual aid
agreement between the City and Miami -Dade County.
90 April 27, 2000
0
C
Commissioner Teele: Well, what agreement -- what is the sample that
was signed on February 16?
Mr. Warshaw: That is the agreement with the County. So, what we're
asking for is, if you pass this resolution, it would give me the authority to
execute an agreement similar to the one that's attached between the City
and Broward County.
Commissioner Teele: Thank you.
Vice Chairman Gort: OK. Any further discussion?
Commissioner Teele: Thank you, Mike.
Vice Chairman Gort: Any further discussion? Being none, all in favor
state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption: .
RESOLUTION NO. 00-361
A RESOLUTION OF THE MIAMI CITY COMMISSION -
AUTHORIZING THE CITY MANAGER TO EXECUTE A
MUTUAL AID AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, BETWEEN THE CITY OF
MIAMI AND THE BROWARD COUNTY SHERIFF'S
OFFICE FOR THE PURPOSE OF RENDERING MUTUAL
LAW ENFORCEMENT ASSISTANCE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
91 April 27, 2000
r:
•
Upon being seconded by Commissioner Winton, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Come back at four? See y'all later.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 11:20 P.M.
AND RECONVENED AT 4:16 P.M., WITH ALL MEMBERS PRESENT OF THE
CITY COMMISSION FOUND TO BE PRESENT.
92 April 27, 2000
Vice Chairman Gort: PZ section of today's meeting. PZ -1. Yes. Oh, I'm
sorry. GSA (General Services Administration) presentation. Sorry sir..
GSA Department presentation. My apologies to you all. By the way, my
Mr. Dean De Jong (Acting Director, GSA): Thank you very much. I'd
like to just take a minute, if I could, to introduce the people that really
make GSA work. These are the people that work directly with me. I'm
just going to start this way. I want to introduce Alan Savarese, who is our
fleet manager; gentleman that cares for all the fleet behind him is Robert
Forbes. Robert is our heavy equipment, garbage trucks, cranes
superintendent. Paul Eisenhart, who is my chief analyst, CPA (Certified
Public Accountant) and does a lot of our budget work, and also tells me
when I'm spending too much. Lourdes Lopez, who is my assistant, and
has been with us for several months now, and a wonderful lady. Alex
Martinez, who is the assistant director, who helps me and has been a great
help to me. Next is Jose Sardinas. Jose is the superintendent in charge of
Property Maintenance. After that is Luis Selena, the guy who keeps the
radios working most of the time. Milton Mizell, my superintendent of
graphic and print shop. Every one of you, probably everyday, has -- he
has some impact on what you do. And then there is Olga. Olga Machin,
who is an administrative assistant to me, and basically makes sure that I
get where I'm supposed to go on time. OK. Raul, you want to get the
lights. OK. General Service Administration of the City of Miami is a
department that's responsible for maintaining critical components of other
City departments who deliver important services to our citizens. GSA or
general services or GSA consist of four major divisions, including
Property Maintenance, Fleet Management, both the heavy and light fleet,
Graphic Reproductions, and Communications. All of these report to the
Director's Office. Director's office is responsible basically for handling
all administrative functions of the department, including people, training,
budget, and contract management. This is how we spend our Monday
mornings. Some facts and figures include the fact that we have
administrative budget totaling about one point eight million dollars
($1,800,000), 47% of which represents operating costs. We've handled
this past year 912 purchase orders- and over 4000 invoices. Plus, we
administer personnel and payroll issues for all employees and ongoing
training, which is becoming more and more important as technology
changes. And finally, all the legislation that comes here, all the
properties that we handle, all the contracts that we administer, are all
handled out of the director's office. The mission of the Communications
Division is to keep the entire City's radio communication system in a
93 April 27, 2000
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constant state of readiness. This is accomplished through in-house repair
and maintenance and support of over 1700 hand-held radios. Some facts
and figures include the fact that last year they programmed over 1.,500
XTS radios for Police and Fire; the installation of mobile radios in all the
Fire Departments new trucks; install over a hundred new light bars on
police vehicles, repaired some 2,200 radios. Now, once again, so you
understand, if these went out to Motorola, they go out at three hundred
dollars ($300) apiece. So, you can imagine the amount of money and time
that saves. And most important or equally important, they provide direct
support to the Commission, Raul, the guy who is always running around
here making sure that your microphones are working. Fleet Management.
Fleet Management is, in fact, the. largest division and its mission is to
keep the City's fleet in a constant state of readiness and mechanical
dependability, while striving for new level cost-effective service and I
might add, beginning an important program of preventive maintenance.
Some facts and figures include the fact that our fleet is, at this time, about
2500 vehicles, about 1800 of which are light, cars, small trucks, thing like
that. Three hundred and twenty-eight pieces of equipment, heavy
equipment, including garbage trucks, cranes, all those kinds of things.
And small equipment. In addition to big garbage trucks, we repair weed
eaters, blowers, lawn mowers, and whatever else there' may be. Staffing
levels include some 40 budgeting positions in light fleet and 35 budgeted
positions in heavy fleet. Significant accomplishments for last year
include the fact that we placed 275 new vehicles into service; over 29 new
pieces of heavy equipment; very important employee - based ideas in the
past two years have saved the City in excess of a hundred thousand
dollars ($100,000) annually, and I'll give you an example of that later.
And we've implemented the state of the art computerized fleet
maintenance program, which now is beginning to pay dividends and will
pay big dividends in the future. Graphic reproductions. Mission of
Graphic Reproductions is to coordinate and provide all Citywide printing,
copying, graphic design, and mail services in a timely and costly manner.
Some facts and figures include the fact that last year they produced over
nine million impressions; processed some 1600 work orders; processed
and delivered four hundred thousand pieces of mail to the United States
Post Office, and collected, sorted and delivered an additional 450,000
pieces of inter -office mail. So, sometimes when you get the wrong mail,
it's because there is a lot of volume there in our paperless society.
Commissioner Winton: I've never gotten the wrong mail.
Mr. De Jong: Oh, that's good. We appreciate it. Administrate -- and
additionally, we administrate a Citywide copier contract for both low and
middle volume copiers, which, in this City, produce an additional seven
million copies a year. Property Maintenance. The mission of Property
Maintenance Division is to keep all City facilities in good working
94 April 27, 2000
condition. It's accomplished through a combination of in-house repair and
general maintenance and where we need to, for a large-scale project, out
sourcing these kinds of projects. Some facts and figures include the fact
that property maintenance processes annually 2500 to 3000 work orders;
we're responsible for the maintenance of over a 120 separate City
facilities. Property Maintenance is also involved in a program where we
have qualified or certified people and contracting areas, such as general
contracting, plumbing and air conditioning. This is, once again, to ensure
that the work is done in accordance with the Building Code. Ongoing
support is also supplied to parks that make sure the pools are open the
playgrounds are safe. And, finally, we can, wherever we can, provide
expertise to other City departments on issues of concern to them. Very
quickly, some quick figures. As I said, our budget is approximately 11.8
million dollars ($11,800,000). Six million dollars ($6,000,000) of this is
personnel costs; 5.65 million is for operating costs. This is unusual from
what other City departments you'll find. Usually, personnel costs are in
the range of 85 percent. In our case, it's almost 50/50, and that's because
our business is servicing others in terms of parks, contracts, and things
like that. Last year we had a capital out lay of some one hundred and
ninety-five thousand dollars ($195,000). Some big ticket items include
fuel, almost a million dollars ($1,000,000) a year for diesel and gasoline;
repairs in excess are close to two million dollars ($2,000,000); some four
hundred and twenty-seven thousand dollars ($427,000) in contractual
service, and, once again, in parks, almost one million dollars
($1,000,000). But, gentlemen, facts and figures and budgets and all those
things are not what GSA is. What GSA is? GSA is people. People like
Milton, OK, who saved this City four hundred thousand dollars
($400,000.00) through his negotiation of certain copier contracts. Milton
and his staff, which do all the printing for this City, which deliver the
mail to everybody on a daily basis. It includes people like Chuck Postis,
and who's ever had their air conditioner not working, probably know
Chuck. Chuck is our AC supervisor. Always a smile on his face. Always
willing to do whatever he needs to do. GSA includes many of the trades,
painting, as you, saw, plumbing, sign making. We have a stock room
because of the large number of parts, electricians, people that work on
mechanical systems, people that clean the buildings. Carpenters and, of
course, our office staff. GSA includes people like Jose Australia, who
just recently joined the City, is a new employee, and ultimately represents
the future of Miami, and these folks who maintain these thousands of
radios, who maintain this radio system that's 25 years old, and doing a
wonderful job making it still run. These are some of the people of GSA.
It includes people like this young lady, Lourdes Lopez, who came into
that department in September of last year, who, through hard work,
determination, and spunk, was recently recognized by her peers as the
GSA employee of the month. Plus all the other people that make our
office work. (Unintelligible) remember, he takes lunch occasionally, and
95 April 27, 2000
then there is some old guy -- two old guys together. People like Juan
Quijano -- Quijano -- no, not that -- Quijano. I'm sorry; I goofed.
Vice Chairman Gort: You have to be careful.
Mr. De Jong: I wanted to get your attention, just to see. Juan, otherwise
known as Chico, the gentleman on the left. Chico. I'll stick with Chico.
I can't handle these names. But he's an example, gentlemen, of what this
City's about. This man, with his crew, has rebuilt at least six of our
cranes. The average cost for rebuild is about twenty-two thousand dollars
($22,000). If we contracted these same cranes out, we're talking
anywhere from fifty to seventy thousand dollars ($70,000). So, these are
the people that make up GSA. Once again, our single largest division.
The people on light fleet, the men who clean the garbage trucks, make
sure they go out on the street; the men who fix the weed eaters, the
cranes, and all the other pieces of equipment that make GSA work.
People who work on the heavy equipment; the people who can actually
answer the question, "where is the motor?" These, in fact, are all the
people who are part of GSA. And, finally, we want to thank you for
giving us the opportunity to tell you the story of GSA.
Vice Chairman Gort: Thank you. I have a question. My understanding.
(Applause)
Vice Chairman Gort: You know, and this is important, so we can see
what's being done and how the funds are being used, but at the same time,
I think it's very important for the residents of the City of Miami to see the
services that are being provided and where the funds of the money goes.
Now, my understanding -- you had budget for forty in the light fleet.
How many people you have presently?
Mr. De Jong: In the light fleet at the moment, we have forty, yes, sir.
Thirty-five in heavy.
Vice Chairman Gort: You do have them? I mean, you budgeted and you're
at maximum capacity now?
Mr. De Jong: We have a couple of vacancies, but we're basically have
pushed the limit of what our facility can work.
Vice Chairman Gort: Right. Excuse me. I appreciate it if we keep on
meeting here. Gentlemen? OK. Go ahead.
96 April 27, 2000
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Mr. De Jong: Basically, we were at our capacity right now, in terms of
physical space.
Vice Chairman Gort: So, you do have vacancies?
Mr. De Jong: (Inaudible)
Vice Chairman Gort: OK. Thank you. Are there any other questions?
Commissioner Teele:. Mr. Chairman, I think this presentation is -- it
shows the commitment of the director to the employees and people. The
only concern, really -- and, Mr. Chairman, there are a number of questions
I want to ask, but I think the time of the day and the fact that we've got
these PZ items is really a little difficult, so I would like maybe if the
director could just sort of stay around. Maybe we don't have anything too
controversial this evening, we can ask a few questions. But I want to talk
to you about fuel and those things. I saw -- do you monitor all of the fuel
for the County, the City, and those kinds of things? But let's go into a
little bit later. With the PZ items waiting and public waiting, it's not, but
I really commend you and your department, and it's obviously a real sense
of spree, decor, and we're grateful to see that.
Mr. De Jong: Thank you. We have -- and we're going to just distribute to
you for your information. This will provide perhaps a little more detail
about GSA, what you can look at, certainly at your leisure. And, once
again, I thank you all for the opportunity.
Commissioner Teele: How many cars in the City have Sun Passes?
Mr. De Jong: Sun Pass? I have no idea. Not many. Two or three.
Commissioner Teele: I want to encourage you all to work through the
Florida Expressway Authority. I think it's -- we ought to work with the
County and with government to ensure that we take advantage of Sun
Pass, and I realize that there are some issues of control and all of that,
but, you know, you go through it, it doesn't look good to have the City
cars as a part of the -- we ought to. do what we can.
Mr. De Jong: I agree. Thank you.
Vice Chairman Gort: Thank you. Thank you all. Appreciate it.
97 April 27, 2000
Vice Chairman Gort: PZ -1.
Commissioner Teele: Mr. Chairman, if it would not be out of order,
please, could we just take up PZ -4 real quickly. It's a non -controversial
matter in my district, please?
Vice Chairman Gort: PZ -4.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -4 is a
street closure for the Community Partnership for the Homeless.
Vice Chairman Gort: Staff.
Ms. Slazyk: Department of Public Works will make the recommendation.
Vice Chairman Gort: Mr. Jackson.
Mr. John Jackson (Acting Director, Public Works): It's a vacation --
Ms. Slazyk: By way of back --
Vice Chairman Gort: I'm sorry. My apologies. In PZ, anyone that's going
to testify in any of the PZ items, they need to stand up and be sworn in.
Anyone that's going to testify on the. PZ item needs to stand up and be
sworn in. Go ahead.
NOTE FOR THE RECORD: AT THIS POINT, THE CITY. CLERK
ADMINISTERED OATH, REQUIRED UNDER CITY CODE SECTION 62.1, TO
THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Vice Chairman Gort: Thank you.
Commissioner Sanchez: I don't believe there is any opposition.
Vice Chairman Gort: Thank you. Thank you for your presentation, Mr.
Jackson. It was very good.
Commissioner Teele: So moved, Mr. Chairman.
Vice Chairman Gort: It's been moved. As there a second?
98 April 27, 2000
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second. Any further
discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele who
moved its adoption:
RESOLUTION NO. 00-362
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT (S), CLOSING VACATING,
ABANDONING AND DISCONTINUING FOR PUBLIC USE
THAT PORTION OF A PUBLIC RIGHT-OF-WAY, BEING
THE PORTION OF THE RIGHT-OF-WAY OF YALE
AVENUE (A.K.A. NORTHWEST MIAMI COURT)
BETWEEN NORTHWEST 15TH AND 16TH STREET, MIAMI,
FLORIDA, AS MORE PARTICULARLY LEGALLY
DESCRIBED IN "EXHIBIT A", ATTACHED HERETO AND
MADE A PART HEREOF.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was
passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you. Thank you and good luck.
99 April 27, 2000
Vice Chairman.Gort: Item 1.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): Item 1 is a
special exception requiring City Commission approval to allow an SD -12
district to be used for service parking. This is at 3640 and 3652
Southwest 22ND Street, and 3633, 3665 Southwest 22ND Terrace. It's right
behind Coral Way. This project is going to be an Extended Stay America,
and what they are going to do is use the SD -12 at the rear for surface
parking to serve the Extended Stay America. The department is
recommending approval, with .conditions, that the landscape plan be
submitted to the Department of Planning and Zoning for review and
approval, that. shows the six foot high masonry wall, and that increases
the size of the trees to a minimum of 14 feet high because it abuts a
residential area in the back.
Commissioner Regalado: OK. One question. That's in district 4. Are the
properties in the back on 22ND Terrace, have they dedicated some area for
sidewalks?
Ms. Slazyk: They have to provide all dedications that are required by
Public Works. If they haven't done so yet, they will have to at the time
they get their --
Commissioner Regalado: But that will be your property? Pass.
Mr. Gilberto Pastoriza: Our -- for the record, Gilberto Pastoriza. Yes,
we will be providing the sidewalk on our side of the street.
Commissioner Regalado: On --
Mr. Pastoriza: On 22ND Terrace.
Commissioner Regalado: On 22ND Terrace?
Mr. Pastoriza: Yes, sir.
Commissioner Regalado: OK.
Ms. Slazyk: And then they are going to setback the wall 20 feet to
provide a landscape buffer. We just wanted the trees to be bigger.
100 April 27, 2000
Commissioner Regalado: OK. When -- that will be the plumbing
building?
Mr. Pastoriza: That will be ---the building is. right next to the La Habana
Vieja Restaurant.
Commissioner Regalado: OK.
Mr. Pastoriza: Right in there.
Commissioner Regalado: Right in there. OK. I'll move the item.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and second. Discussion? Being
none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
101. April 27, 2000
•
•
The following resolution was introduced by Commissioner Regalado, who
moved its adoption:
RESOLUTION NO. 00-363
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT (S), AFFIRMING THE DECISION OF
THE ZONING BOARD THEREBY GRANTING A SPECIAL
EXCEPTION FROM THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 6, SECTION 612;
SD -12 SPECIAL BUFFER OVERLAY DISTRICT; TO
ALLOW SURFACE PARKING TO SERVE THE ABUTTING
DISTRICT, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY (1) 3640 & 3652 SOUTHWEST 22"
STREET AND (1I) 3633 & 3665 SOUTHWEST 22ND
TERRACE, MIAMI, FLORIDA, PURSUANT TO PLANS ON
FILE AND SUBJECT TO A TIME LIMITATION OF
TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT
MUST BE OBTAINED AND THE FOLLOWING
CONDITIONS .RECOMMENDED BY THE PLANNING AND
ZONING DEPARTMENT: PRIOR TO THE ISSUANCE OF
ANY BUILDING PERMITS THE PROPERTY OWNER
SHALL SUBMIT A COMPLETE NEW LANDSCAPE PLAN
ACCEPTABLE TO THE DEPARTMENT, INCLUDING, BUT
NOT LIMITED TO, A 6' HIGH MASONRY WALL ON THE
SOUTH SIDE OF THE SUBJECT PROPERTIES AND
INCREASING THE HEIGHT OF THE PROPOSED TREES
TO 14' IN HEIGHT.
(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 Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
102 April 27, 2000
LI
Vice Chairman Gort: Thank you.
Mr. Pastoriza: Thank you.
•
103 April 27, 2000
•
Vice Chairman Gort: PZ -2.
Ms. Lourdes Slazyk (Assistant Director, .Planning & Zoning)
applicant on PZ -2 has requested a continuance.
Commissioner Teele: So moved, Mr. Chairman.
Ms. Slazyk: Thank you.
Vice Chairman Gort: Continued until next meeting? .
Ms. Slazyk: Yes. The Planning.and Zoning meeting.
Commissioner Sanchez: Second.
The
Commissioner Teele: Excuse me. Are there persons here in opposition on
PZ -2?
Commissioner Sanchez: No. So, you made a motion and I'll second it for
continuation.
Ms. Slazyk: For May 25.
Commissioner Sanchez: So moved:
Vice Chairman Gort: It's been moved and second. Discussion? Being
none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Teele, who moved
its adoption:
MOTION NO. 00-364
A MOTION TO CONTINUE CONSIDERATION OF AGENDA
ITEM PZ -2 (PROPOSED CLOSURE OF PORTION OF N.W.
4TH STREET BETWEEN NORTH MIAMI AVENUE AND
N. W. IT AVENUE TO ALLOW CONSTRUCTION OF NEW
FEDERAL COURTHOUSE) TO THE COMMISSION
MEETING PRESENTLY SCHEDULED FOR MAY 25, 2000.
104 April 27, 2000
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 Tomas Regalado
Commissioner Arthur E. Teele, Jr
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
105 April 27, 2000
Vice Chairman Gort: PZ -3.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -3 is
another street closure for the property at approximately 6301 Biscayne
Boulevard.
Mr. John Jackson (Acting Director, Public Works): PZ -3 is a closure of
east end of Northeast 63RD Street. It's a cul-de-sac that's been closed.
However, we've asked -- we included through the planning process that
this is a public access easement that we'll -- while it will transfer into a
private road, they still have to provide turn around for the public. That's
part of the -- that's on the plat ---included in the plat.
Commissioner Teele: That's a part of the condition you're recommending,
right?
Ms. Slazyk: Yeah. It will be recorded with the plat. They'll have to have
a public turn -around.
Mr. Jackson: Yes, yes. Reported.
Commissioner Winton: Good.
Mr. Jackson: They have public turn -around.
Commissioner Winton: I move it.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and second. Question. This will
become part of the properties and they'll be paying taxes on these
properties, right?.
Mr. Jackson: Yes, it is. It's private. Yes.
Vice Chairman Gort: OK. Thank you. Any discussion? Being none, all
in favor state by saying "aye."
The Commission (Collectively): "Aye."
106 April 27, 2000
The following resolution was introduced by Commissioner Winton, who
moved its adoption:
RESOLUTION NO. 00-365
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), CLOSING, VACATING, ABANDONING
AND DISCONTINUING FOR PUBLIC USE THAT PORTION
OF A PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF
NORTHEAST 63RD STREET, EAST OF BISCAYNE
BOULEVARD FROM BISCAYNE BAY WEST 260. FEET,
MIAMI, FLORIDA, AS MORE PARTICULARLY LEGALLY
DESCRIBED IN " EXHIBIT A ", ATTACHED HERETO AND
MADE A PART HEREOF.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed
and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner 'Joe Sanchez
Commissioner Tomas Regalado .
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
107 April 27, 2000
Vice Chairman Gort: PZ -4.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): Four is the
one we just did for the homeless.
Vice Chairman Gort: That's right. PZ -5.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -5 and 6
are companion items for land use and zoning change. These are second
reading items. They've been recommended for approval by the Planning
and Zoning Department, and were passed by the City Commission on first
reading on March 23. This is in order to unify the properties for an up
coming property right on the river, north side of the river downtown, and
we recommend approval.
Commissioner Winton: Move it.
Commissioner Teele: Second.
Mr. Joel E. Maxwell (Assistant City Attorney): This is an ordinance.
Commissioner Teele: Is there discussion? All those in favor state by
saying "aye."
Mr. Maxwell: I'm sorry. This is an ordinance, sir.
Commissioner Teele: Read the ordinance. Mr. Clerk, on a motion by
Commissioner Winton and second by Commissioner Regalado, would you
call the roll.
Mr. Walter Foeman (City Clerk): Yes.
108 i April 27, 2000
•
An Ordinance Entitled -
r1
U
AN ORDINANCE OT THE MIAMI iCITY COMMISSION
AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY
CHANGING THE LAND USE DESIGNATION OF THE
PROPERTIES LOCATED AT APPROXIMATELY (I) 300 -
350 SOUTH MIAMI AVENUE; (II) 18-62 SOUTHWEST 3
STREET AND (III) 24-75 SOUTHWEST 4 STREET MIAMI,
FLORIDA, FROM "OFFICE" AND "CENTRAL BUSINESS
DISTRICT" TO "RESTRICTED COMMERCIAL"; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
.EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of March 23, 2000, was
taken up for its second and final reading, by title, and adoption. On
motion of Commissioner Winton, 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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
The Ordinance was designated Ordinance No. 11919.
Said ordinance was read, by title, into the public record by the City
Attorney..
109 April 27, 2000
Commissioner Teele: Next item.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning)
companion.
Commissioner Teele: PZ -6.
Ms. Slazyk: Six is the companion.
Commissioner Winton: Move it.
Commissioner Regalado: Second.
Six is the
Commissioner. Teele: It's an ordinance. Read the ordinance. Mr. Clerk,
On a motion by...
Mr. Walter Foeman (City Clerk): Commissioner Winton.
Commissioner Teele: Huh?
Mr. Foeman: Commissioner Winton.
Commissioner Teele: By Commissioner Winton, would you read the --
call the roll, please.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING PAGE NO: 36 OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE .4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, FROM O -Office TO SD -6 CENTRAL
COMMERCIAL RESIDENTIAL DISTRICT FOR THE
PROPERTIES LOCATED AT APPROXIMATELY (1) 300-350
SOUTH MIAMI AVENUE, (11) 18-62 SOUTHWEST 3RD
STREET, AND (ILI) 24-75 SOUTHWEST 4TH STREET,
MIAMI, FLORIDA; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
110 April 27, 2000
•
C
Passed on its first reading, by title, at the meeting of March 23, 2000, was
taken up for its second and final reading, by title, and adoption. On
motion of Commissioner Winton, 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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: INone.
ABSENT:, Vice Chairman Wifredo Gort
The ordinance was designated Ordinance No. 11920.
Said ordinance was read, by title, into the public record by the City
Attorney.
111 April 27, 2000
Note For The Record: PZ items 7 and 8 were tabled
Commissioner Teele: Next item.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -7 and 8,
I believe Commissioner Winton asked that they be heard at 5:30 because
there were people that wanted to be here.
Commissioner Teele: Next two items.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. So,
we'll go to 9.
Commissioner Teele: Are there any persons here on PZ -7 and 8? All
right. We're going to take it up at the end of this, at 5:30.
Commissioner Teele: Next? PZ -9.
Ms. Susan Cambridge (Planner I, Community Planning, Revitalization):
PZ -9 is an -SD -12 special buffer overlay district from Northwest 54TH
Street to Northwest 62ND, along the 17TH Avenue corridor. We are
proposing this SD -12 overlay to provide parking to the businesses that are
located along the 17TH Avenue corridor for two businesses expressed that
they needed additional parking, Range Funeral Home and Rollins Grocery.
With this SD -12, they will be able to purchase adjacent lots behind the
commercial corridor. They will be able to acquire the property and to
make additional parking for their businesses, and with, this special buffer
overlay, they would have to provide a wall and a landscape buffer to
protect the.community from any adverse affects that this may have on the
community.
Commissioner Teele: Mr. Chairman, I'd like the privilege of making the
motion.
Vice Chairman Gort: Yes, sir. It's your study
Commissioner Teele: So moved.
112 April 27, 2000
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Commissioner Teele: It's an ordinance, I think.
Commissioner Sanche2: Call the ordinance.-
Vice
rdinance.-
Vice Chairman Gort: Any discussion?
Commissioner Teele: It's an ordinance.
Vice Chairman Gort: I understand
ordinance. Call the question.
An Ordinance Entitled --
Discussion? Being none, read the
AN ORDINANCE OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT (S), AMENDING PAGE NO. 12 OF
THE ZONING ATLAS OF ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 6, SECTION 612, SD712
SPECIAL BUFFER OVERLAY DISTRICT, IN ORDER TO.
PROVIDE ADDITIONAL PARKING ALONG THE
NORTHWEST 17TH AVENUE CORRIDOR FROM
NORTHWEST 54TH STREET TO NORTHWEST 62ND
STREET, IN THE MODEL CITY AREA, FOR THE
PROPERTIES MORE PARTICULARLY. DESCRIBED IN
ATTACHMENT "A"; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
113 April 27, 2000
was introduced by Commissioner Teele seconded by Commissioner Winton, and was
passed on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Said ordinance was read, by title, into the public record by the City Attorney.
Ms. Cambridge: For the record, my name is Susan Cambridge of the
Planning and Zoning Department.
Vice Chairman Gort: Thank you, ma'am.
114 April 27, 2000
•
Vice Chairman Gort: OK.
CJ
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): Next item
is PZ -10. PZ -10 is a second reading ordinance in order to remove the
limitation on grocery store uses within the SD -6 zoning district. It was
passed by the City Commission on first reading on March 23, and we
recommend approval.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Second. Any discussion? Being none, all in favor
state by saying "aye."
Mr. Joel E. Maxwell (Assistant City Attorney): It's an ordinance,
Commissioner.
Mr. Walter Foeman. (City Clerk): It's an ordinance.
Mr. Joel E. Maxwell (Assistant City Attorney): Mr. Chairman.
Vice Chairman Gort: It's an ordinance. Read it. Yes. Roll call. Thank
you. Call the question.
115 April 27, 2000
An Ordinance Entitled -
AN ORDINANCE AMENDING ORDINANCE 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, BY AMENDING ARTICLE 6, SECTION 606.4, SD -6
CENTRAL COMMERCIAL RESIDENTIAL DISTRICT, TO
REMOVE THE LIMITATION ON THE SIZE OF GROCERY
STORES AS PRINCIPAL USES WITHIN THE SD -6
CENTRAL COMMERCIAL RESIDENTIAL DISTRICT;
CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of March 23, 2000, was
taken up for its second and final reading, by title, and adoption. On
motion of Commissioner Sanchez, seconded by Commissioner Regalado,
the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. T.eele,, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
The ordinance was designated Ordinance No. 11921. ,
Said ordinance was read, by title, into the public record by the City
Attorney.
116 April 27, 2000
:7
Vice Chairman Gort: PZ -11.
Ms. Lourdes Slazyk (Assistant Director,. Planning & Zoning): PZ -11 is
also a second reading ordinance. This is the one that modifies the parking
regulations for downtown for SDs 5, 6, and 7 and ZBD in order to remove
the maximums on parking, add minimums, and, with certain exceptions,
for adaptive .reuses of existing buildings, and to allow for reductions in
parking for proximity to Metro stations, and for connecting into Metro
stations. This was passed on first reading on March 23 and we
recommend approval.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Second. Discussion? Being none, read the
ordinance.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI. CITY. COMMISSION
AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING ARTICLE 4, SECTION 401 CENTRAL
BUSINESS DISTRICT ("CBD"), SCHEDULE OF DISTRICT
REGULATIONS, AND ARTICLE 6, SECTIONS 605, 606,
AND 607, TO MODIFY PARKING PROVISIONS FOR THE
CBD, SD -5 ("BRICKELL AVENUE AREA OFFICE -
RESIDENTIAL DISTRICT"), 'SD -6 ("CENTRAL
COMMERCIAL RESIDENTIAL DISTRICT") AND SD -7
("CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -
RESIDENTIAL DISTRICT") ZONING DISTRICTS;
CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
117 . April 27, 2000
Passed on its first reading, by title, at the meeting of March 23, 2000, 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.
The ordinance was designated Ordinance No. 11922.
Said ordinance was read, by title, into the public record by the City
Attorney.
118 April 27, 2000
Vice Chairman Gort: PZ -12.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -12 is
another second reading ordinance. This .is to get rid of what I call the
Dentrik (phonetic), it's to modify the parking regulations in R-3 and R-4,
to require one bedroom units that have a second room -- that can be used
as a bedroom, but is often called a den or 'something else, that they have
to provide parking for it. This is, you know, 'take care of problems we've
even in buildings with deficient parking because they use (inaudible). We
recommend approval, and it was passed on first reading on March 23.
Vice Chairman Gort: Do I have a motion?'
Commissioner Sanchez: So moved.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Any further
discussion? Being none, it's an ordinance. Read it. Thank you, sir. Call
the roll.
119 April 27, 2000
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING„ ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, TO MODIFY PARKING
REQUIREMENTS FOR THE R-3 AND R-4 ZONING
CLASSIFICATIONS AND TO ADD LANGUAGE REQUIRING
ADDITIONAL PARKING FOR ONE (1) BEDROOM UNITS
WITH ADDITIONAL SPACE (S) WHICH CAN
ACCOMMODATE ADDITIONAL BEDROOM (S);
CONTAINING 'A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of March 23, 2000, 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.
The ordinance was designated Ordinance No. 11923.
Said ordinance was read, by title, into the public record by the City
Attorney.
120 April 27, 2000
Vice Chairman Gort: Thirteen. PZ -13.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -13 is
something that came to us through the Coconut Grove Parking, and
Parking Advisory Committee. This is a clean up amendment to the
language in the trust fund to reflect the original intent and actual billing
practices of the City as it pertains to sidewalk cafes. In Coconut Grove,
we do assess parking for sidewalk cafe, and the way that that parking paid
into the trust fund, it is done monthly, not annually, and this amendment
clears up the language to reflect how we actually do the billing for
sidewalk cafes. So, it's a clean up amendment.
Vice Chairman Gort: Okey doke. Johnny.
Commissioner Winton: Yes. So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any further discussion?
Commissioner Regalado: I've got a question. There is some merchants in
downtown and Little Havana that would like to do sidewalk cafes. Does
this would apply, in any.way, to those areas?
Ms. Slazyk: This is just for Coconut Grove.
Commissioner Regalado: I know. I know that it is. But can we use the
model for this area?
Vice Chairman Gort: No. No, no. No.
Ms. Slazyk: No.
Vice Chairman Gort: Let me tell you why.
Commissioner Regalad'o: OK. Tell me why.
121 April 27, 2000
Vice Chairman Gort: The reason being -- let's move this, and then I'll
explain it to you. Do I have any further discussion? Read the ordinance.
Roll call.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 35, ARTICLE V, SECTION 35-224
OF THE CODE OF THE CITY. OF MIAMI, FLORIDA, AS
AMENDED,. ENTITLED " SCHEDULE OF FEES AND
CHARGING " RELATING TO THE COCONUT GROVE
PARKING IMPROVEMENT TRUST FUND TO CLARIFY
THE LANGUAGE TO REFLECT THE ORIGINAL INTENT
AND ACTUAL BILLING PRACTICES OF THE . CITY;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING NOR AN
EFFECTIVE DATE.
was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was
passed on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Said ordinance was read, by title, into the public record by the City
Attorney.
Vice Chairman Gort: Thank you. Commissioner Regalado, what happened
is, they were trying to do something very similar within those areas, not
only in Little Havana, but in other neighborhoods, and because of the
restrictions and the fee, people were not willing to do so. So, we passed a
resolution, I think about two years ago, where the -- for a trial period of
one year in those neighborhoods that would want to implement sidewalk
cafe, they could do it free of charge, as long as they provide insurance
and the other requirements by the City. In order to see if it worked or
not. Then, if it did work, then a fee would be attached to it.
Ms. Slazyk: Yeah. Because the fee right now in Coconut Grove is
assessed to the parking demand that is associated with the cafe.
122 April 27, 2000
r�
Commissioner Regalado
I know that.
Ms. Slazyk: In the downtown, they don't do that.
Commissioner Regalado: I know that. But remember that the people that
are going to be managing the tower would like to see this kind of things
around and in the tower area. But it's too expensive, they claim.
Vice Chairman Gort: Well, we -- that's why we researched it and we
passed a resolution. That resolution should be there. Now, my
understanding, the permitting goes through Public Works or --
Ms. Slazyk: Yes, it does. Sidewalk cafes are...
Vice Chairman Gort: And I've informed some of the merchants there, what
they can do is go through Public Works and apply for the permit.
Commissioner Sanchez: The permit has expired.
Commissioner Regalado: That's what I'm saying. That's what I'm saying.
Vice Chairman Gort: Then we need to bring it back.
Commissioner Sanchez: Well, the permit has.expired and I have met with
several community --
Commissioner Regalado: That's what I'm saying.
Commissioner Sanchez: -- businesses that say that it didn't work out for
them. It wasn't -- it didn't bring business -- in other words, they didn't
make money for them to do it.
Ms. Slazyk: Right. The insurance is something (inaudible) the City still
does require that they provide, yes.
Commissioner Sanchez: It was too much money, so -- Casanova, I
believe, that is working on something similar -- and we have had several
meetings with the NET (Neighborhood Enhancement Team)
Administrators to see how we could either give it another year or see what
we could do to try to promote that type of environment, which is good, for
that area. They are starting to grow, with the tower, with the arts, and
stuff. The things that are happening there - I mean, we are making
progress in that area. And the thing that we're asking for -- and I believe
Casanova is working -- Mr. Casanova is working on the issue, so we are
working on it.
123 April 27, 2000
Ms. Slazyk: OK. We'll get back to you with an answer on that.
Commissioner Sanchez: Thank you:
Vice Chairman Gort: But let's expedite that because I know there are a lot
of people that want to do that in that area and other neighborhoods. OK.
That takes care of the PZ items, except for...
Ms. Slazyk: Seven and eight.
Mr. Maxwell: Except for seven and eight.
Vice Chairman Gort: Seven and eight, which is 5:30. What's your wish,
Commissioner Winton? Is that a controversial --
Commissioner Winton: I think it is. I think there are a lot of. -- my
impression is that -- Bruce, there are a lot.of neighbors who want to come
and speak on this issue.
Mr. Bruce: There are. Quite a few.
Commissioner Teele: GSA (General Services Administration).
124 April 27, 2000
Note for the Record: At this point, the City Commission closes consideration of
Planning and Zoning portion of the agenda to consider items from the regular
portion of the agenda
Vice Chairman Gort: Can we get back to the regular agenda?
Mr. Donald Warshaw (City Manager): He's coming.
Commissioner Winton: Mr. Chairman?
Vice Chairman Gort: Go ahead. Yes, sir.
Commissioner Winton: While we're waiting -- oh, never mind.
Vice Chairman Gort: Oh, here he is.
Mr. Dean De Jong (Acting Director, GSA): I'm sorry. P and Z has
never, in its life, been done that quickly. It's the luck, I guess.
Yes. How can I help you? Dean De Jong.
Commissioner Teele: Thank you, Mr. Chairman. With relationship
to fuel, aren't most of the fuel purchases through the County?
Mr. De Jong: The majority of light fleet purchases -- that would be
police cars, which is the bulk -- are done through County. All the
heavy fleet diesel and that is fuel out of the GSA facility, along
with some of the parks equipment, and things like that.
Commissioner Teele: What is the budget for your department?
Mr. De Jong: Eleven point eight million dollars ($11,800,000)
total.
Commissioner Teele: How much is that personnel?
Mr. De Jong: Approximately six million.
Commissioner Teele: So, how is the other money spent?
125 April 27, 2000
Mr. De Jong: The other money is spent on just a huge variety of
things.. Light fuel, almost a million dollars ($1,000,000).
Commissioner Teele: What?
Mr. De Jong: Light fuel, almost a million dollars ($1,000,000), in
terms of that cost. Parts, almost a million dollars ($1,000,000).
Contracted services, one and a half -- 1.6 million.
Commissioner Teele: Do you allocate the costs of all of those other
services, including the cost of, say, mechanics to the departments
for which you're providing the service?
Mr. De Jong: At this point, our budget is not based on a cost
allocation. We have figures where we know approximately what
percentage of the different costs are to the different departments,
which we calculate last year is a part of budget.
Commissioner Teele: And I hope -- is Ms. Henry or the budget
person here or awake? The budget director. My question is this, if
you take Solid Waste, as an example, if you take Police as an
example, when we get a picture as to what those departments costs,
do you all allocate -- and this is one of the things that we went
through in the last budget, and it took about three weeks to produce
a number. You know, I remember the Police Department's budget
went from wherever it was up another forty million dollars
($40,000,000). Is all of the GSA costs attributed to departments,
allocated when you all give us the full cost of the various
departments?
Ms. Bertha Henry (Assistant City Manager): When we prepared the
spreadsheet that we gave for the total costs, we allocate the GSA
costs. And we work with the GSA Department to develop the
variables to be -- that would be include -- that were included in
those costs.
Commissioner Teele: So, the concern that I have and that I've
expressed now for three years is that, when we put the budget books
out to the public, it says that the cost of Solid Waste is X, the cost
of Fire is Y, the cost of Police is Z or whatever those numbers are,
but when we actually ask you for the fully allocated costs, those
numbers, in some cases, go up as much as thirty percent. Are we
going to move to advising the public and ourselves, quite candidly,
as to what the costs are? I mean, are we moving toward a fully
allocated costs or are we going to stay with the old system?
126 April 27, 2000
Ms. Henry: Commissioner, we -- the budget staff and I had a
retreat a couple of months ago, before the kick off of the budget
process, an which talked about reformatting the budget, document
itself, and the information contained therein, and yes, the answer is
we are going to present -- we would present a general fund budget,
but we would also present, by department, total costs.
Commissioner Teele: But when you look at the budget briefs and
you thumb through those budgets, which is all the public sees.
They see one number, but you and I know that those numbers are
substantially different from the costs of running those departments.
Are we, as a part of -- and I think GSA is one of the classic
examples, technology is another example, where you have a lot of
costs at GSA, but those aren't GSA costs. Those are costs for GSA
to provide services to each of these departments. Are we going to
move to that level so that we have sort of truth in budgeting, if you
will, as it relates to what the costs of the various departments are?
Ms. Henry: Well, there are two issues right now. We will present
the information so that it's available for the public to see. Right
now we're not able to technically create the internal service funds,
and enterprise funds and the like because of our inability to fully
fund them. And the major issue that we're not able to fund
particularly as it relates to his areas is the depreciation costs and
the like. But we will provide -- we are providing that information
by department, as part of the 2001 budget.
Mr. Donald Warshaw (City Manager): Commissioner, let me just
add that there was a period of time for many years when basically
GSA didn't have a budget, line items, so, the entire allocation was
found often times in Police and Fire only, and it was never really
allocate by costs to the departments. Then we went full circle the
other way. I know what you're looking for. You're not looking for
just an explanation. You're looking for GSA 's entire allocation to
be spread to where it belongs, and I think that's something that was
an issue that a previous Commission had wanted to see another way.
That's a policy decision, and I think we can really do it either way.
Because I agree, if five million, seven million, eight million dollars
($8,000,000) of that belongs in public safety, it can be allocated in
Police and Fire.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Well, I guess it's -- I'm using GSA as an
example, but I think -- clearly, the function that GSA provides is
something that's very, very clear. I mean, if GSA buys fuel for the
127 April 27, 2000
Solid Waste or for the Police or for wherever, then those costs
ought to be allocated to who is using that fuel. So, I guess I think
what GSA is doing, you know, represents some forward movement,
but I guess my question goes beyond GSA. My specific question on
GSA, based upon your presentation, is two fold. Do we have any
type of awards program in which we provide cash rewards and
incentives to employees who save the government money?
Mr. De Jong: Cash awards?
Vice Chairman Gort: Right.
Commissioner Sanchez: Incentive programs.
Commissioner Teele: Incentive programs.
Commissioner Sanchez: Incentive programs.
Mr. De Jong: Incentive programs. At this point, no, sir, we do not.
Mr. Warshaw: There are some recognition programs that result in
some compensatory time, but in terms of cash, the answer is no,
except for the employee of the year, I believe, gets as cash reward.
Mr. De Jong: Right: By the way Juan -- the Juan whose name I
don't know, came in very high on that particular employee of the
year award thing. Because of his efforts. Chico. Thank you.
Commissioner Teele: It just seems to me that that's something that
in consultation with the management, we want -- may want to
consider. I don't know. Commissioner Sanchez has had a lot of
interest in this area, and I certainly would yield to him and others.
But I really do think -- we always talk about running government
like the private sector. There is a -- if somebody really saves the
City four hundred thousand dollars ($400,000.00), I mean -- you
know..
Commissioner Sanchez: Commissioner Teele, if you would yield?
Commissioner Teele: Yes, I will.
Commissioner Sanchez: Thank you. This brings back memories of
the budget hearings that we had, and we came up with some great
ideas, innovative ways to reduce our costs, be more efficient, and
create way that's employees could participate in finding ways where
we could save money. Because if you look, about one department
128 April 27, 2000
saving -- one department, about sixty million dollars ($60,000,000),
saving eight hundred thousand dollars ($800,000), and just having a
couple of more of the departments. doing the same thing, you know,
at the end of the year, you're going to have, let's say one point five,
one point six million dollars ($1,600,000) that could be put to use
in other departments, such as Parks, which we always complain that
we don't have enough funding for Parks. But I think -- and I think -
- I encourage you and I think Commissioner Teele encourages you,
and all the Commissioners here, to create some type of incentive --
it doesn't have to be cash reward -- for employees that really -- you
know, hey, little things like turning off the light on your way out,
concentrating on not throwing paper away and things like that, in
the long run -- I mean, after all, it's tax payers money that we're,
using here. So, if we could find any ways to create these types of
programs that would benefit the City that would be good. And it
would show that we are doing whatever we could to save some
money.
Mr. De Jong: I absolutely agree with you. Just one point I want to-
-- I know it's small, but it's a start. I have established, and I'm
making sure that there are employee recognition .awards on a
monthly basis. We hold these recognition awards once every three
months, where everybody gathers together and people see -- I know
it's a small thing, but gentlemen, it's a start. Since I have gotten
there, I have demanded that my people write commendations to the
people in my organization that do a good job. And I think Raul and
the Manager can testify that there are a whole lot of stuff that
comes from GSA because what these folks do is very important, and
money is nice, but ultimately, those kinds are things -- I'm a big
believer in it, have always been.
Commissioner Sanchez: And sometimes the smallest thing is what
makes a difference.
Mr. De Jong: Well, you're right. It includes things like sometimes
just for fun, I go down and work on the floor with the guys, OK.
Now, I want you to note that I wouldn't get in any car that I fixed.
However, they watch over me.
Vice Chairman Gort: The program should be implemented through
all the different departments, and recognition, when it's major
savings; it should come also in front of us and should be recognized
by us.
Mr. D.e Jong: Absolutely.
129 April 27, 2000
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Vice Chairman Gort: And, also, you can have the employee of the
month, and that could be shown in the NET (Neighborhood
Enhancement Team) and the NET 9, like we do in the many other
private sectors.
Mr. Warshaw: Interestingly, some of the recent winners of the Out
Standing Achievement Award, -- you know, at the awards show, we
have, once a month, our people who have saved the City hundreds
of thousands of dollars by designing programs, processes and
systems and -- you know how I feel. We've got the best employees
anywhere in the world, and they are really -- they've done a great
job these last couple of years to make this City a better place.
Vice Chairman Gort: Thank you. Are there any other questions?
Commissioner Teele: Mr. Chairman, the final question that I have
- sand I know that Commissioner Winton -- would you consider
under taking -- you know, one of the problems of government is
that, if somebody doesn't see it as their direct responsibility, it just
sort of doesn't happen. So, when you talk about something like
instituting the Sun Pass Program, it's not a City program, but it
really does affect City vehicles. Would you work with the Manager
to see if we can implement a pilot Sun Pass Program? I m@an, you
know, it's -- in everyone's interest to alleviate congestion,
everybody is complaining about the traffic congestion in our
community, and to the extent that we have vehicle that's are going
through -- I don't know. Does the messenger vehicle have Sun
Pass?
Mr. De Jong: Generally, the messenger vehicle stays on City
streets because of the areas that it runs. One of the things that we
are working on and that I have been trying to work on is this whole
issue of Rickenbacker tolls, and the fact that City vehicles had to
pay Rickenbacker tolls.
Commissioner Teele: To go to City property, you can't --
Mr. De Jong: To go to City property, to go sanitation trucks, and
parks regularly, routinely goes out to Virginia Key, and we have to
pay tolls for that kind of -- I've been in contact with the County
time and time again. I'm always assured they'll call back. And
when I call them again, I'll be assured again they'll call back.
Vice Chairman Gort: You have to be persistent.
Mr. De Jong: Yeah. Oh, I can be a real pain in the whatever.
130 April 27, 2000
Vice Chairman Gort: You have to call them everyday until you get
it.
Mr. De Jong: Oh, I'll start. That's OK with me.
Commissioner Teele: Thank you very much, Mr. Chairman.
Vice Chairman Gort: 'Thank you. Are there any other questions?
Any other questions?
Mr. De Jong: If I can make just one quick comment, and then I'll
leave. I know you should always shut up while you're ahead. But
in this book, I really encourage you to take a look at the very last
section, which is our GSA operational plan, which was revised in
April of this year. I mean, just once again, at your leisure, because
it shows you the kinds of things we're trying to do. The
identification of what we see as our strengths, our weaknesses, and
more important, the directions that we want to proceed in the
future. We're moving more and more toward technology, so that
this questions that are so important, that Commissioner Teele asked
about costs, are not a matter of having to add up columns or a
matter of pushing the right buttons, and we're making good progress
in that direction. So, please, take a look at that at your leisure
because I think it's an important document, and it tells you about
this City. Thank you very much, once again, for your time.
Vice Chairman Gort: Thank you, sir. Do we have any other questions?
Guys, you want to recess until 5:25, and come back at 5:25.
131 April 27, 2000
Commissioner Winton: Could I bring up one more subject?
Vice Chairman Gort: Sure. Go right ahead.
Commissioner Winton: We all probably read in the paper one day
this week that Bell South, in conjunction with another company, is
planning on building the NAP, the Network Access Point, and this
creation of a network access point in the City of Miami or in South
Florida is a high priority of the Governor, and in essence, what that
switching -- technical switching station does, if you will, is it will
transmit e-mail between the United States and Latin America, and it
has the potential, because of the high tech nature of this particular,
facility, to create significant spin-off of economic development.
The dot comes, and the e-commerce companies and. all of those
want to be around this NAP. So, having the NAP locate in the City
of Miami should be an absolute, top priority for the City of Miami.
Now, we read that Bell South, as I said, in conjunction with another
company, has stated that they are going to very quickly begin to
build a NAP in Dade County. It's my understanding there is
significant competition for the City of Miami in West Dade, and,
so, what we want to do is make sure that we do everything in our
power to bring the development of that NAP into the City of Miami.
And it seems to me that, because of the concentration of fiber optic
and all of the other telecommunication switches and nodes and
central stations and all that jazz, a huge -- a significant amount of
that is in a near downtown and in Park West specifically. So, I
would like to urge the City Manager and the CRA (Community
Redevelopment Agency) to -- and I'll be glad to help in fashion you
want me to help. But I think that we need to very quickly get
together with the City Manager, the CRA and Bell South and figure
out what resources the City of Miami can bring to the table to see to
it that we get that NAP located in the City of Miami, and don't
allow it to get to go out to west Dade. This process is moving very,
very quickly, so it isn't something we can sit on for a few weeks
and think about it. It's something we're going to have to move on
very, very quickly. So, Commissioner Teele, do we need -- you
know, in your view, should we have -- do we need a resolution or
just some sort of direction here to --
Commissioner Teele: I'll tell you what we need. Mr. Manager --
132 April 27, 2000
Commissioner Winton: Mr. Manager.
Commissioner Teele: Mr. Attorney. Mr. Manager, in direct
response to Commissioner Winton, we need an ordinance for first
reading today that, in effect, deals with one of the DRI
(Development of Regional Impact) issues associated with this, and
I'll be pleased to -- we've been evaluating it. I really was unaware
that we don't have another meeting, really, until a month away, and
I think if we could get the item up for first reading today, it will
give us -- we still have to — we still has to wait 30 days for second
reading, but I think it gives us enough time to focus on it, so I'll --
within the next 15 minutes, I'll bring up the item, if the -- Joel, if
you've got a draft on it --
Mr. Alejandro Vilarello (City Attorney): Commissioner, we do
have a draft. Perhaps, during the recess, we could discuss a few
issues with you and then you could present it after the break.
Commissioner Teele: OK. And, in that regard, what Commissioner
Winton is saying, I wholeheartedly agree with. We're in competition
with the rest of Dade County, that has a lot cheaper land and a lot
more assessable land, that has a lot of impact left on it, but we also
are in a unique position, as we discuss indicated. the CRA, along the
Florida East Coast corridor, that will take you right up to May
West, up in Washington and the Washington, DC/Virginia area,
where the next NAP is. So, I really do think we should move on
that. I think, you know, the Development Office and the Planning
Office can work with us -- the Development Office and the Planning
Office can work with us in the context of incentives, but the
greatest incentive that we can give them is eliminating
governmental red tape and delays that put them in a -- put the City
of Miami in an adversarial or disadvantage position with other parts
of the County and, quite frankly, other parts of the State. So, Mr.
Attorney, I would like to meet with you now and -- because I think,
even if we can just get something that can be amended, get the right
kind of title, it will put a -- it will send a very strong signal. And
then I'm in support that the Manager and the CRA, particularly, the
Planning office and the Development Office, and the DDA
(Downtown Development Authority) need to sit down together.. We
all need to work together to figure out what incentives that we can
provide. And I am certainly in support of financial incentives if we
can come up with them. But I think the real key -- and it is an
empowerment zone area, as well.
133 April 27, 2000
Vice Chairman Gort: It is. That's -- I was going to mention that.
It's quite a few insensitive there.
Commissioner Teele: But I think the real insensitive we can
provide is getting the government in the way. I also would say this.
Who's the head of MSEA (Miami Sports & Exhibition Authority)
now?
Commissioner Winton: Johnny is.
Commissioner Winton: I'm the Vice Chairman. The Mayor is the
Chairman.
Commissioner Teele: I also think that MSEA should be directly
involved. MSEA has land in the area, and maybe even big MSEA,
itself, is a facility that could be -- have a second life in that regard.
So, I don't think we ought to take anything off the table. I think we
ought to try to put everything on the table.
Commissioner Winton: And I agree. That's exactly right. Passed
Vice Chairman Gort: Now, let me ask a question. Is this a pertinent
that needs to be done? Because I understand -- I received a call for
us not to make any decision until we have -- my understanding,
there are several companies that want to set this up. Do we have to
issue a permit or select any one company or is that going to work --
Commissioner Teele: We have nothing to do with it, other than the
normal zoning issues. But one of the things that I think everyone
wants to do is, we want to make a permitted use -- we want to
simply add -- you know how we just took off strip clubs as a -- a
gentlemen's club -- Commissioner Winton, I didn't realize you voted
against that.
Commissioner Winton: Adult entertainment.
Commissioner Teele: Commissioner Winton, I didn't realize you
voted against that, by the way. I'm going to follow you or see if
someone could follow you more closely an see where --
Commissioner Winton: As I said in the newspaper, it was not anti -
adult entertainment. It was location.
Vice Chairman Gort: OK. Thank you. At the same time, one of the
things we need to do -- and I've asked DDA to do so, and I think the
CRA should do also is, make sure we can put a program together of
134 April 27, 2000
all the benefits that we have under the Empowerment Zone. I think
it's very important that we can have it within one page or two
pages, if necessary, so we can show it to the people an they can see
it right away. And then this will help us out.
Mr. Erdal Donmez (Director, Real Estate & Economic
Development): Thank you, Mn Chairman. For the record, I'm
Erdal Donmez with Department of Real Estate and Economic
Development. We have met with Bell South on two occasions. In
fact, just about, you know, half an hour ago, I was talking to one of
the individuals heading the NAP, you know, project for Bell South.
We're working with Beacon Council, you know, for putting together
an insensitive package for a NAP. The package, you know, for a
NAP is different than a conventional business coming in because
this is a very technology intensive, you know, type, you know, use
and usually, the type of incentive packages we're putting together
gear toward, you know, creation of jobs. But, at the same time, it's
somewhere in the neighborhood of two hundred plus million dollars
investment, perhaps taking as much as a hundred square feet of
space. And it's a whole new project. It's different. It has
significant ad -valorem, you know, tax ramifications. We're
working, you know, with Bell South and, hopefully, within a week
or two, we'll be able to come up with an insensitive package.
Commissioner Winton: Well, and also, more importantly, the
impact is that not just the impact of the development of that
facility, but the spin off development that comes around from that
could be four, five, six times. I mean, it really is huge multiplier.
Vice Chairman Gort: Thank you, sir.
Mr. Donmez: Thank you.
Vice Chairman Gort: Anything else? We're going to be back at
5:25? Mr. Clerk, do we have a sheet with people that want to speak
can sign up?
Mr. Walter Foeman (City Clerk): Yes, we do.
Vice Chairman Gort: At 5:30, PZ -7 and 8. You guys want to come
back at five thirty. Let's take a ten minute break.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 5:17 P.M. AND
RECONVENED AT 5:27 P.M. WITH ALL MEMBERS OF THE CITY COMMISSION
FOUND TO BE PRESENT.
135 April 27, 2000
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Vice Chairman Gort: Can we get going? PZ -7 and 8. PZ -7 and 8.
All those that's to testify on PZ -7 and 8, could you please stand to
be sworn in.
(Comments in Spanish by Vice Chairman Gort).
NOTE FOR THE RECORD: AT THIS POINT, THE CITY CLERK
ADMINISTERED OATH, REQUIRED UNDER CITY CODE SECTION 62-1,
TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Vice Chairman Gort: Thank you. Yes, ma'am.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning):
Thank you. Items PZ -7 and 8 are a companion items for a land use
and zoning amendment from single-family residential to duplex
residential .for the property at 3520 -- 3535 East Fairview Street. and
3520 Hiawatha Avenue. The department is recommending denial. If
you look at the transparency behind me, or better yet, if you could
see it up a little closer in your packages, the property is located on
Fairview and Hiawatha. The entire waterfront property, along it is
zoned R-3 and they are apartment buildings there, but the
neighborhood between that and Bayshore Drive is a stable single
family neighborhood, and this will bring a duplex intrusion into the
neighborhood that could double the density that's allowed there
today. We feel that this is an intrusion into a stabled, well
maintained, single family area, and that it is -- it would contradict
our comprehensive plan -- it would contradict the goals, objectives
and policies of the Comprehensive Plan, which require that all areas
of the City be protected from encroachment of incompatible land
uses, and it would also conflict with the Miami Comprehensive
Neighborhood Plan Housing policies, which require the City to
preserve and enhance the general appearance and character of the
City's neighborhoods. This would contradict the character of this
neighborhood, and we recommend denial.
Vice Chairman Gort: Thank you, ma'am. Yes, sir.
Mr. Gilberto Pastoriza: Good afternoon, Mr. Chairman, members
of the Commission. My name is Gilberto Pastoriza. I'm an attorney
with offices at 2665 South Bayshore Drive, Suite, 420, and I'm here
on behalf of the applicant. The property in question is located on
136 April 27, 2000
the east side, you have Hiawatha. On the west side you have east
Fairview. On the south side is Bayshore Lane, and the property lies
immediately south of a lot, which fronts South Bayshore Drive.
The property right now is vacant and it consists of five lots. The
request before you in this first application is to change the land use
designation on this property from single family residential to
duplex residential. A corresponding rezoning application is the
next item on your agenda. We believe that the proposed property --
the proposed designation is proper, and it will serve as a
transitional buffer between the multifamily residential, which you
now have fronting or across the street from Bayshore Lane -- across
the street from Bayshore Lane, the whole strip there, is designated
R-3 or multifamily or medium density residential. That particular
land use designation allows for 65 units per acre. To the east you
have the park and to the west you have the single-family residential
district. The proposed application before you today is consistent
with your land use policy, one point one point one and your capital
improvements policy, since it meets ° all of the concurrency
requirements, including recreation and open space, portable water,
sanitary sewer, storm sewer, Solid Waste, and traffic circulation.
The proposed request is also consistent with housing policy
HO2.1.2, which encourages greater flexibility for the design and
development of a variety contempt rare housing types, and mixed
use developments with the application of new higher density
zoning. We don't necessarily agree with your staff in some of -the
conclusions with regards to land use policy 1.3. We do believe that
this request is consistent within that land use policy. In that, it is a
residential land use designations, which is compatible with other,
land use designation in the immediate vicinity. The proposed
density increased to duplex is also, we believe, a nice transition
from the 65 units per acre to the south, and to the east of the
property, and the nine units per acres to the west of the property.
This request is not in conflict with housing policies 1.15 and 1.27,
which require the City to preserve the general appearance and
character of its neighborhoods. We believe that the proposed
residential development is designed to just do that, to maintain the
residential character of this area. It will have single family
detached houses fronting the single family units to the west, and it
will have its duplex component facing the park and next to the high,
density residential to the south. Even though there is an increase in
density because of the additional units, we believe that right now,
the way that this project will be designed will be a benefit to those
residential -- it will benefit the traffic on the residential unit to the
west because all the traffic to the development will be steered
toward Hiawatha, away from the east Fairview. For all these
reasons, we believe that the proposed land use designation is proper
137 April 27, 2000
for this area, and I urge you to grant it. Thank you. I would like to
reserve some time for rebuttal.
Vice Chairman Gort: Thank you, sir. You'll get a few minutes for
rebuttal. At this time, I would like to hear from those in
opposition, and I have a list of individuals here. Bruce Rib
(phonetic).
Commissioner Teele: How many people you have?
Vice Chairman Gort: Ten people.
Mr. Tucker Gibbs: Try to keep it short.
Commissioner Sanchez: And sweet.
Mr. Gibbs: And sweet. My name is Tucker Gibbs. I have offices at
2665 South Bayshore Drive, Suite 603. . I`m representing Bruce
Reeps (phonetic), Stuart Radson (phonetic), and ' several other
residents of the Fairview subdivision. Our argument is very simple:
Your have a professional staff who are experts in the field of
planning. They have recommended a denial of this. You have a
Planning Advisory Board, to which each of you have appointed
members. The Planning Advisory Board unanimously voted to deny
this application. You have a Zoning Board, to which each of you
have appointed members; that board voted unanimously to reject
this application. I've been involved in the City of Miami for years;
it is a rare day when you see a unanimous Zoning Board, Planning
Advisory Board and City staff recommends denial of an application.
This denial is based on fact, and it's based on the law. The law
says, if it's not compatible with your comprehensive plan, you can't
vote to send a comprehensive plan amendment up to Tallahassee.
The only way you can is if you have expert testimony from the
other side telling you that your experts are wrong. There is no
expert testimony on this matter. There has been not one bit of
expert testimony presented at Planning Board and Zoning Board or
at this board. It's our position, as a matter of law that you must
vote to deny this application. In addition, we can get on to the
issue of incompatibility. You can look at the zoning map --
Commissioner Winton: Excuse me. May I interrupt you?
Mr. Gibbs: You sure can.
Commissioner Winton: -- one second, Mr. Gibbs. I think we can
cut through this. I would like to move for exactly these reasons.
As I read all of this, we have had all the experts look at this. I'm
138 April 27, 2000
not without real estate experience, so I will make up my own mind,
even -- and there will be times I will disagree with all of the
experts, but this is certainly not one of those. This is actually very
clear cut in my mine, that -- and so, I will move to deny this
application, the same as our planning and Zoning Board and staff
have done. And I would like to say one thing to the developer. Mr.
Pastoriza, I read in the letter that you have -- and I'll read this one
sentence. "Due to the increased land values in this area,
development of the property as a single family residence is not
feasible." That argument has been made many, many, many, times
in the City of Miami. And it is the one argument that has helped
destroy many neighborhoods in our community because a particular
land holder decided that their land was more valuable than the
particularexisting zoning would allow, and wanted more money for
his land, and, so, therefore, the argument has always been, well,
gee, I can buy the land cheap enough, so we're going to have to up -
zone it. And that up zoning has destroyed more neighborhood
properties in the City. of Miami than I can keep track of. And, so, I
always find it curious that -- and I'm not -- this isn't pointed at you
directly. This is really to all of those people out there who think
that their land is worth twice the amount it's worth. This land --
and I think we're going to send a clear-cut signal today. This land
is only worth whatever you can get to build single-family residence
on that land. It is not worth duplex land. So, the owner of this land
is going to have to go back to the drawing boards and realize that
within the City of Miami. He's got to value that's only good enough
to build single-family homes and nothing more. So, that's my
motion.
Vice Chairman Gort: There a motion. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second. Discussion?
Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
139 April 27, 2000
The following motion was introduced by Commissioner Winton,
who moved its adoption:
MOTION NO. 00-366
A MOTION TO DENY PROPOSED FIRST READING
ORDINANCE TO AMEND ORDINANCE 10544, THE
COMPREHENSIVE NEIGHBORHOOD PLAN, TO CHANGE
LAND USE DESIGNATION AT 3535 EAST FAIRVIEW
STREET AND 3520 HIAWATHA AVENUE FROM SINGLE
FAMILY RESIDENTIAL TO DUPLEX RESIDENTIAL.
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 Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: (Inaudible) thank you. OK. Sorry.
140 1April 27, 2000
Vice Chairman Got: PZ -7 -- 8, a companion...
Ms. Lourdes Slazyk (Director, Planning): PZ -8 was the companion.
I don't think -- I think PZ -8 dies if seven dies. I'm not sure -- do a
motion.
Mr. Joel Maxwell (Assistant City Attorney): And I would rather --
it does, but you should take it up because it's on the agenda.
Commissioner Winton: Then same motion on PZ -8.
Mr. Gilberto Pastoriza: I would just like for the record to state
my name, Gilberto Pastoriza. And, for the record, I would like to
incorporate whatever evidence or testimony was given on the prior
case into this case.
Ms. Slazyk: And, for the record, on PZ -8, the Planning Department
recommends denial. The proposed zoning is incompatible, and it
was also voted for denial by the Zoning Board.
Commissioner Winton: So, I move for denial.
Vice Chairman Gort: OK. There is a motion for denial. Is there a
second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Been moved and second. Any discussion?
Being none, all in favor state by saying "aye."
The Commissioner (Collectively): "Aye."
The following motion was introduced by Commissioner Winton,
who moved its adoption:
141 April 27, 2000
RESOLUTION NO. 00-367
A MOTION TO DENY PROPOSED FIRST PROPOSED
FIRST READING ORDINANCE TO AMEND ORDINANCE
11000, TO CHANGE CLASSIFICATION AT 3.535 EAST
FAIRVIEW STREET AND 3520 HIAWATHA AVENUE
FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-2 TWO-
FAMILY RESIDENTIAL.
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 Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you, sir. Have a good one.
Mr. Pastoriza: Thank you.
Mr. Tucker Gibbs: Thank you all very much.
Vice Chairman Gort: OK. We'll wait a few more minutes. My
understanding, the Mayor is on his way here and we'll pick it up at
6 o'clock.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 5:39 P.M. AND
RECONVENED AT 6:02 P.M., WITH ALL MEMBERS OF THE CITY
COMMISSION, EXCEPT COMMISSIONER WINTON, FOUND TO BE PRESENT.
142 April 27, 2000
Commissioner Teele:. My Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: Chairman Gort, it's 6 o'clock.
Commissioner Teele: When we broke, there was one matter that we
had discussed. Commissioner Winton, I know, had led this. I'll be
pleased to second the motion or make it, with your permission, Mr.
Chairman; I'd like to read it into the record.
Vice Chairman Gort: Well, let me make an announcement before --
I just got a call from the Mayor, that, please, he would like to be at
the meeting and he would like to wait until 6:30, and he should be
here. OK.
[At this point Commissioner Winton entered the Commission
Chambers at 6:03 p.m.]
Commissioner Regalado: Excuse me, Mr. Chairman. Excuse me.
Commissioner Teele: All I had is one little simple resolution.
Commissioner Regalado: Excuse me. No, .no, no, no. Let's go
ahead and do this.
Vice Chairman Gort: No, I'm not talking about the resolution,
Commissioner.
Commissioner Regalado: No. But we're going to start. The Mayor
said 6 o'clock. The people left here...
Vice Chairman Gort: No, no. I'm sorry. My apologies. From the
beginning, the Mayor has said 6:30. It was my mistake in saying 6
o'clock.
Commissioner Regalado: Well...
[OUTBURSTS FROM AUDIENCE]
Vice Chairman Gort: Hold it. Hold it. I'm going to ask you,
please, we're going to do an orderly meeting.
143 April 27, 2000
•
0
Note For The Record: At this point, Vice Chairman Gort addressed
the audience in Spanish.
144 April 27, 2000
Vice Chairman Gort: Yes.
Commissioner Teele: May I proceed?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Thank you, Mr. Chairman. Commissioner
Winton, I'll be pleased to move it or second it.
[At this point, Commissioner Teele read the resolution into the
public record.]
Commissioner Teele: And I'll be pleased to second the motion,
Commissioner Winton, if you'd like to make it, since you brought it
up.
Commission Winton: I'll make the motion.
Commissioner Teele: I second the motion.
Vice Chairman Gort: Motion has been moved and second. Is there
any discussion? Being none, all in favor state by saying "aye."
The City Commission (Collectively): "Aye."
145 April 27, 2000
The following resolution was introduced by Commissioner Winton,
who moved its adoption:
RESOLUTION NO. 00-368
A RESOLUTION OF THE MIAMI CITY COMMISSION
DIRECTING THE CITY MANAGER TO INSTRUCT THE
DIRECTOR OF THE DEPARTMENT OF PLANNING AND
ZONING TO IMMEDIATELY ISSUE A DETERMINATION
OF USE REGARDING A NETWORK ACCESS POINT
("NAP") FACILITY, A MAJOR PUBLIC NETWORK
EXCHANGE FACILITY STRATEGICALLY LOCATED TO
INTERCONNECT INTERNET SERVICE PROVIDERS;
FURTHER DIRECTING THAT UPON SUCH
DETERMINATION, APPROPRIATE LEGISLATION BE
PRESENTED TO THE PLANNING ADVISORY BOARD AT
ITS NEXT IMMEDIATELY SCHEDULED MEETING, AND
THEN SCHEDULED FOR CITY COMMISSION REVIEW
AND CONSIDERATION FOR ULTIMATE CODIFICATION
IN THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA.
(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 Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
Commissioner Teele: Thank you.
146 April 27, 2000
Vice Chairman Gort: I'd like to - someone to make an announcement that,
unfortunately, because of the capacity in here, there are certain amount of
people that are allowed to be here. What I would like to -- and I don't
know what the Mayor is going to request later on -- those people that
would like to speak, later on they'll get a chance to come in, and someone
that's spoken here already, can walk out so the people outside can come
in. So, could you have someone explain that outside, please, sir?
Note For The Record: At this point, Vice Chairman Gort addressed
the audience in Spanish.
Vice Chairman Gort: Mr. Chairman...
Commissioner Teele: Are we going to have speakers?
Vice Chairman Gort: Excuse me.
(Comments in Spanish)
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Thank you very much, Mr. Chairman. While we
wait for the Mayor, I think that it's important if we can just go ahead and
start because I'm sure that everybody wants to say something and
everybody wants to be listened to. I remember last January, when the
Chief of Police stood right there, before this dais, and we discussed the
events of January 6 on Flagler and 57TH Avenue, LeJeune Road,
Southwest 8TH Street, and 27TH Avenue, and I remember that I said to the
Chief that we needed to investigate; that we needed to know who gave
147 April 27, 2000
those orders; who decided to disperse tear gas; who decided to send the
field forces and the Chief said, "I did." I know that the Chief Of Police
of the City of Miami has discretion to use force, but he also has
responsibility to use restraint. Well, I requested, at that time, in January,
the creation of a committee who would investigate what happened on
January 6, so those events would not happen again. Unfortunately, the
committee did not receive subpoena powers and it did not receive the
information at the pace that it was requested from the Police Department.
Hearings have been held here in this chamber, and the prominent members
of the community, who are members of that committee, have not made a
recommendation to the City Commission yet. But, at that time, I said --
and I'm glad that the Chief is here -- that we should investigate and take
actions in order to avoid future confrontations. As I said, the Chief said,
"I gave that order," and I remember that there were not that many people
here at that time. Actually, there were more police officers than people.
And I pleaded with the Chief to show that the City of Miami Police
Department will start a process to work with the demonstration because
there weren't to be more demonstrations. Unfortunately, I was right. The
event of last Saturday and last Tuesday show that we did not advance an
inch in trying to stop this situation. I feel, Chief that the police acted
without restraint and I feel that the police abused some of the people of
Miami that were demonstrating. I'm not going to give you the details, but
I feel that even racial slurs were used against people that were
demonstrating by City of Miami police officers. I know that you feel that
you did the right thing. I do not.
(Applause)
Vice Chairman Gort: Hold it.
(Applause)
Vice Chairman Gort: OK. Go ahead, Commissioner.
Commissioner Regalado: I am going to yield to the Mayor because we were
waiting for him, but there is something I want to say. Unfortunately, and very
sadly, the people of Miami see the Police Department --
[At this time, Mayor Carollo enters the Commission Chambers at 6:07
P.M.]
148 April 27, 2000
•
(Applause)
Vice Chairman Gort: OK.
C7
Commissioner Regalado: I said I want to yield to the Mayor, but I just
want to finish by saying that it is a sad day when the people of Miami see
the enemy in the Miami Police Department. The people used to be friends
with the Police Department. Now, the people look at the City of Miami
Police with anger. And, Chief, 1, as a taxpayer, as a resident, I think that
you have lost the ability to direct that department.
(Applause)
Vice Chairman Gort: Hold it. Hold it. Commissioner?
Commissioner Regalado: Mr. Chairman, I yield to the Mayor.
Vice Chairman Gort: Mr. Mayor, you want me to chair the meeting?
Mayor Carollo: Thank you, Commissioner Regalado. Vice Chairman
Gort, I would like for you to keep chairing this meeting, if you would, but
before we proceed, I would like to ask my colleagues if we could begin
this part of this meeting today by saying a prayer, if we could. If you
could all join me please in standing up. If I could read from Psalms 23, a
Psalm of David: "The Lord is my Shepard; I shall not want. He maketh
me to lie down in green pastures: he leadeth me beside the still waters.
He restores my soul: he leadeth me in the paths of righteousness for his
name's sake. Yea, though I walk through the valley of the shadow of
death, I will fear no evil: for thou art with me; thy rod and thy staff they
comfort me. Thou preparest a table before me in the presence of my mine
enemies; thou anointest my head with oil; my cup runneth over. Surely
goodness and mercy shall follow me all the days of my life: and I will
dwell in the house of the Lord for ever."
[At this time, an invocation was delivered by Mayor Carollo.]
Mayor Carollo: Thank you.
Vice Chairman Gort: OK. At this time, the Mayor asked me to chair the
149 April 27, 2000
meeting,. and I will do so.. Once again, I'd like to repeat for the sakeof
those people that are standing outside, my understanding is, we have
speakers in the lobby. Because of Fire Department, in case we have a
problem here, there are only a certain amount of people can be inside the
chamber. One of the things we're going to ask, those people that address
the Commission and they are finished, to please step out and give an
opportunity to those people that are outside to come in here. At the same
time, my understanding is, the speakers that are in the lobby, but not
outside. So, if this message could be sent to the outside, I would
appreciate it very much. I'll repeat in Spanish the same thing that'I stated
in English.
[At this point, Vice Chairman Gort addresses the audience in
Spanish.]
Vice Chairman Gort: Anyone else. Commissioner -- I mean, Mr. Mayor.
Mayor Carollo: Vice Chairman Gort, I would like to ask the chair, if you
would, that we try to divide the issues here tonight, at least in two areas.
I would like to deal with one issue first, an issue that I think is separate to
itself from anything else that needs to be discussed here, and I know that
there are many people that have issues that they want to bring before this
body, and I don't know how many individuals this Commission is going to
want to hear from, how repetitious it is going to end up getting. The only
thing that I asked everybody present is that everyone express themselves
with the dignity and decorum that this body, this City deserves. I would
please ask everyone here to refrain from heckling anyone; to refrain from
applauding anyone; to behave with the dignity that Miami truly has, the
dignity that so many of you have always behaved with. I think that many
of the issues that concerned many people here should be dealt with
secondarily, but I would like to bring out one issue, and if I could ask my
office -- my Chief of Staff, Ron Lieberman or someone in my office, if
they could bring me some paperwork that I have up there. I know that it's
been very hard for them to get down. There are so many people here. But
if I may indulge you to request maybe three, four -minute recess before we
get to this first part because I think that it's important enough that we deal
with item that's are separate -- separately so they will not be
intermingled. So, if I could ask my colleagues for a brief recess until I
get some papers that I need to read. Thank you.
150 April 27, 2000
® 1
0
Commissioner Sanchez: Are you going to recess?
Mayor Carollo: Yes. I'm going to go up there and make sure that I get
them. Thank you.
Vice Chairman Gort: At this time, the Mayor has asked for a three-minute
recess because he wants to review some documentation he's going to bring
down. As soon as he brings it down, we'll begin the opening of the
meeting again. Sylvia, could you translate, please?
[At this point, Assistant City Clerk addressed the audience in
Spanish.]
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 6:20 P.M. AND
RECONVENED AT 6:32 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION
FOUND TO BE PRESENT.
Vice Chairman Gort: Mr. Mayor, you have the floor.
Mayor Carollo: Thank you, Commissioner Gort. As I had asked you, I wanted to divide this
meeting into two parts. The one that I'm going to deal with now, and then we could deal with the
present one that many people are here for. I'd like to read something and, Mr. Clerk; you have a
copy of that? I will read this, sir.
Mr. Walter Foeman (City Clerk): OK.
Mayor Carollo: After I read it and make sure it's handed, I will then make some statements, so
that there is no mistake whatsoever why I have done this. Mr. Warshaw, pursuant to the powers
provided in the Charter of the City of Miami, specifically, Section 4(g) 6, I hereby remove you
from your position as City Manager. (Applause). Please. Please, no. Please. No. No. No.
No. No. Please. We do not need any clapping or any heckling from either side. Your removal
shall become effective on Sunday, May 7, 2000, at 5 p.m., unless my directive is overridden by a
four/fifths vote of the current members of the City Commission. Signed, Joe Carollo, Mayor.
Mr. Clerk, the copy that I gave you, sir, if you could be so kind as to make sure that that goes in
the official records of the City of Miami. Let me be very specific as -- there are a lot of
misconceptions. There are a lot of stories that are being said and are going to be said. I have my
Chief of Staff up here, Ronald Lieberman, who was witness when, on March the 17th, long
before the fateful event of Saturday took place, up here in City Hall, in my office,- with my Chief
of Staff as witness, I placed the City Manager on probation and I made it clear to the City
Manager the numerous things that I had had it up to here with. We have a City government
151 April 27, 2000
0
where some of the most important key positions of this City are in shambles. We do not have a
Budget Director. We. do not have a Finance Director. The people that are holding those
positions now can't fill the spot that was left open. The two top Assistant City Managers,. who
we've had and, truly, the two most experienced ones, one has left us already; the other one would
be leaving by May the 19th. Even when I asked if I could possibly be introduced to two finalists
-- candidates for the budget position, just like you see the quality of people that we're looking at,
nothing more, because those decisions are not made by me. I was only given the opportunity to
speak to one of them and, frankly, it brought me more concern than anything else because the
background that I saw was very, very shallow, to say the least. Second one, for whatever reason,
I never got to meet. When I have had some of our top executives of this City come to me to
express to me that they don't have confidence in this Manager; when I have had top executives of
this City come to me to say that the Manager was bad-mouthing this Mayor, in fact, was trying to
turn this department head against me, when I know for a fact and each of you knows this, the
Manager has constantly been bad-mouthing me to my colleagues and trying to get them fighting
with me, pitting one against the other; when even one of the members of this Commission has
told me so himself, directly, the kind of things that this Manager has gone to him to say about
me. Lies. You know, little Elian had nothing to do with Ron Stern. Little Elian was never a
member of "Do The Right Thing" or never benefited from having any credit cards or anything
other. Little Elian has nothing to do with some of the things that I just mentioned here, and I'm
trying to be brief and trying to limit so much, so very much that I could be saying here, but I do
care about this community. I do care about this community and this is why I'm taking the step
that I am taking today. And this is why I'm going to try to limit my statements. This Manager
sent me a message that, basically, was that, among others; he would not fight this firing, as long
as I would fire him on the. Elian Gonzalez situation. Well, I think you all have heard some very,
very clear, concise and solid reasons on why I am taking this step in firing this Manager, reasons
that were explained to him of why this couldn't go on any longer, on March the 17th. I asked the
Manager yesterday to meet with me at 6:30 in the evening. He sent me a message that he was
not able to make that meeting, for whatever reason. This is not an easy thing for me to do. I
have gone through so much in my years as Mayor that it would have been enough to kill 20
mayors. No one told me that I would have to face more difficulties, more challenges than any
Mayor in this City's history ever had or, for that matter, this County's history. But I've never run
away from my responsibilities. I've always put this City first. I have been, Mr. Warshaw, an
honorable Mayor. I put this City above everything else. I said that I wanted to make it short and
clear of why I terminated the Manager today. As far as some of the other issues that I will talk
about, we won't get into those in the second part that I think are the ones that are more
appropriate to get into those, and the lack of information that I have received, along with all my
colleagues up here. I thank my colleagues for the opportunity that you've given me to address
you, the public, the Manager, and I hope that you could understand why I'm being so brief.
Thank you. (Applause)
152 April 27, 2000
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Hold it. Commissioner Regalado.
Commissioner Regalado: I would hope that the Mayor will stay to hear the people of Miami.
Mayor Carollo: Yes, I will, of course.
Commissioner Regalado: OK. So, I think that the reason why all these persons are here today, the
main reason, is to address the'issue of the events that took place on Saturday and on Tuesday, and it
is important that we address this right now, right here, because there is a march that is going to be
held next Saturday and I, for one, fear that there will be problems and it will be the saddest thing
that could happen, that a specific march will end up in a different situation. So, I don't know what
you're going to do, Mr. Chairman, but I would really like to address the issue of what I feel is abuse
by the City of Miami Police Department. (Applause).
Vice Chairman Gort: Hold it, please. Excuse me. Any other Commissioner?
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Mr. Chairman, I respect my colleague, Commissioner Regalado. I also think
that we should take note of the fact that the Mayor has discharged, perhaps, the most sacred and
powerful duty that he has as Mayor, and I think it would be a mistake not to afford either the
Manager or the Commission an opportunity -- because we've got to be careful. I mean, you know,
the Mayor was very, very clear that we need to separate this into the two issues. You, certainly,
never framed what those two issues were but I think I can figure them out now. But I want to say
this before I ask the attorney a question or two. I had the opportunity today to speak to the Mayor
by telephone and, essentially, my conversation with the Mayor is about the demonstration on
Saturday. This demonstration, according to the Florida Department of Law Enforcement and other
officials, could be somewhere between one hundred and two hundred thousand people. And my
concern, as a person like the Mayor and Chief O'Brien and others who serve in a uniform and
military position, is that we not have a diffused line of authority, chain of command and, you know,
who's in charge here? I think the worst thing that can happen to this City, the absolute worst thing,
is to have two hundred thousand people that are doing the right thing and showing their support for
Elian and to have forty people to create a disturbance that could get out of control and, for that
reason, I appeal to the Mayor today to take no action on these management issues until after
Saturday. Obviously, the Mayor has the authority and my pleas went, on that point, unheard or
unheeded, and I respect the Mayor, and he has that authority and only he has that. But I just
153 April 27, 2000
wonder, Mr. Mayor, if we can pull back from any per action today; if you would consider
perhaps revoking that until after Saturday and then let's see how everything plays out.
[OUTBURSTS FROM THE AUDIENCE]
Mayor Carollo: Please, please. Quiet, please. Please, please, please. Quiet. Quiet, please.
Vice Chairman Gort: If that keeps up, we stop this meeting.
Commissioner Teele: Because my concern is, when I listen to the citizens that have called my
office today, many of the citizens that have come here today, we need to have an official that we can
hold responsible and I'm going to be very clear. If the Manager -- and this is a wonderful person
with a very, very high personal ethics and he will have a life beyond the City of Miami, I'm sure, if
he chooses. But if you fire the Manager and if you fired the Manager, that level of accountability, to
some extent, is diminished. And, so, we have a unique situation, Mr. Mayor, that I'm sure you're
aware of. And I want to inquire of this City Attorney, even though the Mayor has fired the
Manager, does the Manager have the authority to stay on duty, in the job, this Saturday?
[OUTBURSTS FROM THE AUDIENCE]
Commissioner Teele: Let me -- because, see, I don't want people to walk out of here with the
wrong answer and the wrong opinion. Because this .is a City that respects the law and our
constitution and our Charter. Under the constitution of the City of Miami, known as the Charter,
will the Manager still be in charge this weekend, April 29th and the 30th? Will he be in charge of
the City?
Alejandro Vilarello (City Attorney) Yes, sir, he will.
Commissioner Sanchez: For 10 days, under the Charter.
City Attorney: The effective date of the removal is ten days after delivery to the Manager.
According to the Mayor's count, I haven't confirmed it, it appears to be May 7th at 5 p.m. will be his
last day in office, unless this City Commission meets at some time prior to that and overrides, by a
four/fifths vote, the action of the Mayor.
Commissioner Teele: The point that I want the public to be very clear and the press to understand
that the Manager is still responsible and I just feel that very, very -- I feel a very strong sense of
personal concern that things, at this point in time, represent a unique situation that the Mayor,
Mayor Carollo, and the Commission, will be held responsible, no matter what happens over the next
five or six days, and I -- that was my concern in this context. Having said that, I think it's incumbent
154 April 27, 2000
upon everyone that lives in the City of Miami to understand. that the eyes of the nation are going to
be on this City over this weekend. It's important that the Commission and the police understand that
as well and that we must cooperate and work together over these next three or four days. This
Saturday can very well be the most defining event in the City of Miami, and I'm confident that
Castro is aware of the fact that, when you get that many people together, there's a tremendous
opportunity for agitation and creating a bad situation. And, so, I ask the Mayor, and I would repeat
my request, that we need to work through this weekend and then, after this weekend, we need to
have a look. The Mayor has taken an action. And you know, Mr. Mayor, let me tell you the irony
in all of this. I campaigned very hard for a Charter. change that would clarify and give you the
power and even more power that you wouldn't even have to go through this and, so, I don't -- Mr.
Mayor, I'm not trying to, at all, -- I'm only making a comment of the irony here that, at this point,
I'm sort of wishing that things were a lot different and that our Charter were a lot different. But, in
any event, Mr. Mayor, I would ask, at the conclusion of this meeting, for you take it under
advisement and to consider the recision of that order.
Mayor Carollo: Commissioner Teele, first of all, if you would like to join me in presenting a real
Charter change, like New York's, I would be happy to join you and place it in the next available
ballot, so that the people of Miami would truly have somebody accountable, not like it's been
happening. But a, like New York, Philadelphia, which have a real form of governments -- and I
took your statements as friendly. I appreciate that. I appreciate your concerns very much but as
you, yourself, have stated, for the next ten days, with the changes in the ordinance, change that was
made, which, by the way, I don't agree with, but I do not have the time to get into the areas that I
would have to get into to make that change and challenge my own City. So, I will go along with a
ten-day provision, even though that was never part of the Charter change and those words were
never there. Those were added by an ordinance. So, we're playing by those rules now. As you well
stated, the Manager will still be there Saturday; others will still be there Saturday, so, in effect, those
concerns, I think, will not be there. I would like to ask the City Attorney, though, to clarify the
statements that he. made before, so that it is clear for everyone here, under what conditions the
Manager would be allowed to stay beyond ten days or under what conditions, if there are any that
you can think of, that the Manager could be terminated right now, where he would have to leave
right today?
City Attorney: The only way that the removal -- your order would not take effect ten days from
now is if the City Commission, by a four/fifths vote, overrode your decision. The only way the
Manager could be removed, effective immediately, is by a four/fifths vote of the City Commission.
Mayor Carollo: I thought there was something else in there. Thank you.
Vice Chairman Gort: Commissioner Sanchez.
155 April 27, 2000
Commissioner Sanchez: Mr. Chairman, when I got here, I didn't anticipate this. I was -- my
questions were basically going to be directed to the Chief of Police for the actions -- some of the
actions that citizens in our community felt that the police, in a couple occasions, overstepped and
used excessive force. And we were -- my office, being that I represent the district where we had the
incident -- and I have all the complaints from people that have called my office and I kept them and
I tried to contact them back. People that said that either one way, they were verbally abused or
mistreated by the police. And I was a law enforcement officer for 11 years. Chief O'Brien, I've
known you for many years. Went through the City of Miami SWAT (Special Weapons And
Tactics), under your leadership, and I was out there on two occasions. Let me say, I'm very proud
of your department and you have great people working in your department. But, on some
occasions, I witnessed -- and it was witnessed on television -- where people were, in one way or the
other, through the rustle and bustle of the situation, some people felt that they were mistreated or
abused by the police. And one of the things that I wanted to do is touch on some of the incidents.
that I wanted to direct you, through the Police Department, to basically look into the arrest of a lady
who was basically collecting money for a great cause, and you know the situation and I'm sure your
department's been briefed on it. That lady's name is Grisel Ybarra, which is right here. She was
involved in a situation where I had -- (Applause) -= I had the opportunity to see over and over on a
tape and spoke to her. And let me tell you something: Although our community right now is very
divided and I think that the things that are happening, whether they're right or wrong, and we'll see
within the next couple of days exactly what happens here -- we feel that the Police Department, in
some ways, especially you, under your leadership, need to step up to the mike and basically say a
couple of things that need to be addressed. There are a lot of -- there are many questions that need
to be answered by yourself. And, you know, the frustration that came about, most of these things is
that you continue to go out on TV and say your actions were justified and that things happen and
everything is fine and dandy and the situations that happened, basically, under your leadership, you
know, you needed to step forward and help everybody in the healing process to try to get the City
together. Now, I had so many questions here. I want to put a resolution that clearly states what we
want to accomplish here and the resolution reads as follows. This is to direct -- at this time, we
don't -- the City Manager being here until ten days, under the ordinance that's here or whatever
happens, which we don't know -- to have, whoever is, when they settle upon the. position, to
commence an investigation into the action of the City of Miami Police Department in their
involvement in the removal of Elian Gonzalez. from the Little Havana residence; in addition to the
aggressive action taken against the citizens of our community in their peaceful demonstration. And
I'm saying the few actions that happened that need to be addressed. In addition, I'm going to
suggest to the City Commission today, which I am suggesting today -- and this memo was
addressed to the City Manager and the Commissioners and the Mayor -- to appoint Commission
meeting that -- to appoint an independent committee of community leaders that represent a
cross-section of our community, to immediately launch a fact-finding mission regarding the City of
Miami Police Department's involvement in the removal of Elian Gonzalez from the Gonzalez'
residence, as well as the City of Miami Department's action against the citizens. And that
156 April 27, 2000
committee will be -- or I'm going to appoint as a chairman, if the Commission supports me -on it, is
Mr. Norman Braman, to chair that committee. This investigation shall incorporate the initial
notification of you, at that date, of the planned raid on the Gonzalez' residence and to present -- and
to present time, to include several incidents, one being Grisel Ybarra's incident in front of
TeleMiami TV Station, located at 2920 Northwest 7th Street; and the other one being the incident in
front .of Versalles, where we had many complaints of people that were just there on the sidewalk,
peacefully protesting, that felt that things got out of hand. You know, I really wanted to present this
and have you basically follow up on the complaints that you've gotten through the internal affairs
process, which exist here today, that you investigate -- whatever the outcome may be but they need
to be investigated. People -- and I want to make this statement and I want to be very, very careful.
But people have the right to peacefully protest in our streets, Mr. O'Brien. (Applause) .
Vice Chairman Gort: Let's keep order.
Commissioner Sanchez: Now, for those that went out there and burned or destroyed or violated
other people's rights, they deserve to go to jail and you did do that, too. (Applause) But as a
Commissioner that represents his district, I was heart -broken when I had elderly people that were
involved in a situation where they probably couldn't outrun the thugs and somehow got sprayed or
fell down or got roughed up. A teacher of my child at school was arrested. Now, I don't know the
outcome and I wasn't there, but these are the actions, as a Chief of Police; when things like this
happen, is you have to address. I commend you when you said the last time in the incidents that we
had, the 6th, 7th and 8th, that you stood there and you said, "I take full responsibility." Well, you
should also take full responsibility for the people that got arrested or mistreated unjustly and you
need to look at it and you need to address those issues. So, this resolution that I'm presenting today
will basically start what to be a fact-finding mission, from day -one, because one thing that really --
and I speak from experience, which I am not going to question the incident of having one police
officer in the car with a uniform. But, however, we misled a community when the Mayor, the City
Manager, and yourself made the statement that we would not be involved in the removal of Elian
Gonzalez, whether that individual, whoever it may be, whether it was you, me,, any of my
colleagues here, we all represent the City of Miami and worldwide, especially here in our
community, we misled our people and that created, I think, one of the many mistakes (applause)...
Vice Chairman Gort: Hello. Please.
Commissioner Sanchez: ...that created one of the many escalating factors to where we are today,
which is sad. It's going to take years; years to bring this community back together again because it's
sad that I can't talk to someone without getting into an argument over an issue. It is sad. And my
questions were addressed to you to see how you were going to handle them and you need to address
these issues. I was not -- I knew it was going to happen but we didn't know when, that the City
Manager was going to get terminated. But, Mr. Chief of Police, I hold you responsible for the
157 April 27, 2000
actions of the Police Department. You represent them. In the barrel of apples, maybe there are a
few, but you need to come out and say, "People, there are investigations that we're going to look
into and we're going to follow the policies in the Police Department and if it's wrong, we're going to
do what we have to do." Because, you know what, I wore a uniform for 11 years and I know law
enforcement and I could tell you, there were one or two incidents that I witnessed that, if you would
have seen it, you would have made the same call that I would have made: That should have never
taken place. And one of them is that lady right there.
Vice Chairman Gort: Commissioner Winton. Statements, sir?
Commissioner Winton: No.
Vice Chairman Gort: OK. I have in front of me -- I know you all have a copy. On April the 24th, I
sent a memo to the Manager requesting just what Commissioner Sanchez stated. I asked our
participation within the event -- the unfortunate event that took place on that Saturday, and the
biggest problem, not going to be too long, that we have is, our Mayors, both of our Mayors, Dade
County and City of Miami, went to the public and told the public, "Our local police will keep the
orders but we will not participate in the kidnapping of Elian or the taking of Elian." Now, my
understanding is, if we -- because of agreements that we have or law that we have, that we're not
aware of it, that we have to cooperate, we should have been told. The Mayor should have been told,
"Mayor, you're wrong. Don't make those statements. We cannot commit to those statements." And
the residents and the citizens should have been told, "We cannot promise that we can do that." I
think this is where we had a failure. Because what happens is -- I was not here because I didn't
think that event would take place on that weekend. I really was not in here. I was away from here.
I received a call six o'clock in the morning. I had to drive all the way back to get here. But it was
shocking to me when somebody told me there was a Miami police officer in the van that picked up
the kid and I argued with that individual and says, no way they'll send a policeman from the City of
Miami involved in this. And I think that's what the community and we, ourselves, feel that we were
betrayed. I think we should have been told, from the beginning, this is going to take place and it
might take place. I didn't want to know when, how or anything, but if we were going to have some
participation, I wanted to know. And I have -- in answer to the questions, not only to the questions
that I've asked on that, but also the complete chronology would take place -- of all events that took
place up to the Tuesday. At this time, I think...
Commissioner Sanchez: Mr. Chairman?
Vice Chairman Gort: ...we have a couple of things...
Commissioner Sanchez: Mr. Chairman, if I may?
158 April 27, 2000
0
Vice Chairman Gort: Yes.
Commissioner Sanchez: There's a resolution on the floor.
Vice Chairman Gort: OK.
Commissioner Sanchez: And we've passed a copy. If we could -- so, I move.
Vice Chairman Gort: There's a resolution and there's a second to the resolution.
Commissioner Sanchez: There are two amendments to it that I want to add. One is, instead of 90
days, we should do it in 60. days. And the other one is granting subpoena power through this
Commission. In other words, if they request certain documents and require subpoena power,
through the vote of the Commission, we could provide them subpoena powers.
Vice Chairman Gort: Could you also recommend -- you recommend the chairperson for this
committee, the structure of this committee?
Commissioner Sanchez: The structure of this committee will consist of six members. Each
Commission and the Mayor will appoint one individual to be a part of this and it consists of twenty
thousand -- not to exceed twenty thousand dollars ($20,000) and -- twenty—five thousand dollars
($25,000), I'm sorry. And the only amendments are two: One, from 90 days to 60 days, and the
other one is granting subpoena powers through the Commission.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Regalado: I'll second for discussion.
City Attorney: Mr. Chairman?
Vice Chairman Gort: Discussion.
City Attorney: The resolution does provide that they can request that this Commission issue
subpoenas. The power of issuing a subpoena....
Mayor Carollo: Excuse me for a minute. Officer, the assistant to the Police Chief, you're laughing
very much here, all of you. If you'd like to share the joke with us? (Applause).
Vice Chairman Gort: Hold it, hold it, hold it. Hold it.
1.59 April 27, 2000
Mayor Carollo: Would you like to share the joke with us? (Applause) No. No, no. Please, please,
please.
Vice Chairman Gort: Hold it.
Mayor Carollo: I'd like to know what's so funny also.
Chief William O'Brien: Mr. Mayor, there is nothing funny about this circumstance. There's
nothing funny at all.
Vice Chairman Gort: Hold it.
Mayor Carollo: Then, Chief, then I would strongly suggest, sir, that you tell your right-hand person,
your executive assistant, to have a little more respect to this Commission and the people that are
here, sir. (Applause)
Vice Chairman Gort: Hold it. Commissioner Regalado.
Commissioner Regalado: OK. Mr. Chairman, I will second the motion for discussion. When I
introduce a similar motion that was approved by this Commission, we requested subpoena powers
from the Commission. So, I am supporting this motion by Commissioner Sanchez and I will also
request that, later on, we will modify the structure of the other ad hoc -- Elian Gonzalez Ad Hoc.
Committee to request the City Commission to issue subpoena. But I still think that -- Mr.
Chairman, Mayor, City Manager; I still think that we have a problem. Because this is 60 days. This
is what we did. It's another 60 days. We extend the timeframe. And, you know, the Elian
Gonzalez tragedy is not over. As far as we all know, tomorrow, they can take the child somewhere
and the people of Miami will go out in the streets again because that's their right and the people of
Miami will try to demonstrate and will try to honk horns on the streets of the City of Miami, and we
cannot wait for this committee to find what really happened, why these things happened because,
you know, if we keep issuing tickets for people who are driving only with a Cuban flag and not
stopping, not blocking traffic, that is unacceptable. (Applause)
Vice Chairman Gort: Hold, hold, hold.
Commissioner Regalado: I have -- excuse me: Chief, I have many, many reports that, for just
honking, people have been stopped and ticketed. They were not blocking traffic. In fact, there is
video that will show you that -- of people that had a video camera inside and they were not blocking
traffic. I believe that this is something that we have to remedy. Because when the Marlins won the
World Series, everybody honked and no police officer issued a ticket. So, now the police officer --
(applause) excuse me.
160 April 27, 2000
•
Vice Chairman Gort: Please.
Commissioner Regalado: And I...
Vice Chairman Gort: Please, Commissioner. I'm going to ask -- we want to conduct this meeting.
Please, restrain from the applause. Please.
Commissioner Regalado: And I -- you know, I really have taken offense of the fact that some of
your officers had said to some of the people that were issued tickets, "this is not Cuba. This is the
United States." That is something that I am sure that no other community will tolerate and, yet,
we're here peacefully trying to investigate. So, I just don't know what this Commission can do, but I
have the sad memory of being witness to several incidents and under one that I feel very strong is
the one with Grisel Ybarra. I was there. Probably, I did not get arrested or pushed or shoved
because I was taking some box inside and then I came out and I said -- and I saw Grisel being pulled
and thrown to the floor. And let me tell you, I heard everything that she spoke to a Florida Highway
Patrol officer and I heard what she spoke to a City of Miami police officer and certainly is not what
your department said. So, it was an abuse, an abuse that they did on this lady that probably didn't
know that she has so high profile in the community and the community have made of her some of
the main issues of this complaint. But _there are many Grisel people like this that were beaten in
different streets in our City and you may say, "Well, they were breaking the law," but I am really
frustrated that we will leave here tonight with the fear that tomorrow the Field Forces are going to
be out there going into sidewalks and dispersing tear gas in the City of Miami. (Applause)
Vice Chairman Gort: Hello? Please.
Commissioner Regalado: You know, I know that the Mayor has said that the issue of the City
,Manager has nothing to do with the Elian's case, but I think that here, tonight, the main issue should
be how we cannot fear the police of Miami when we go tomorrow or Saturday to the streets again.
Vice Chairman Gort: Any further discussion?
Mayor Carollo: If I can?
Vice Chairman Gort: Mr. Mayor.
Mayor Carollo: Vice Chairman Gort. First of all, let me compliment my colleague, Commissioner
Sanchez, for the resolution that he's presenting. I think that Norman Braman is one of the most
outstanding citizens that any county can have. A very honorable man, whom I spoke to the same
day that you did, Commissioner. But we must proceed with caution. Let me say this: I, too, at a
161 April 27, 2000
very young age, was a law enforcement officer. I have members of my family in law enforcement
and regardless of what has happened to our community in the last days, regardless of what we have
to do and have an obligation to do, I still believe that the vast majority of the Miami Police
Department is made up of fine, honorable men and women. However, there are some that have
acted in a very dishonorable way. And I will tell you what some Miami police officers, themselves,
have stated to me; Miami police officers that have called me up to speak to me, at great risk to
themselves, and they've said to me, "Mayor, you have to do something. This is out of control out
there." They were ashamed of what they were seeing. One of them, a supervisor, stated to me,
"There is no command level in the streets. It's become a free for all." Now, when my 11 -year-old
daughter comes to me crying and she says, "Daddy, why are the policemen doing this?" And I said,
"Honey, what are you talking about?" She says, "My little friend in school and her family, they
were just standing in the street with an American flag and they got gassed." She said, "You were a
policeman. My uncle is a policeman. Why are they doing this?" I didn't know what to say to my
daughter. I did not know what to say to her. (Applause) Chief -- please. Chief, how many tear gas
canisters did we have before the Saturday incident happened? I'm talking about the Miami Police
Department. On hand.
Chief O'Brien: I don't have a count of how many chemical agents there were.
[OUTBURSTS FROM THE AUDIENCE]
Vice Chairman Gort: Excuse me a minute, Mr. Mayor. Excuse me.
Mayor Carollo: Excuse me.
Vice Chairman Gort: Mr. Mayor, if I may, we have a resolution on the floor. If we let me move it...
Mayor Carollo: I need.
Vice Chairman Gort: Then we can answer questions.
Mayor Carollo: That's fine, Commissioner.
Vice Chairman Gort: OK.
Mayor Carollo: But I need to ask this question.
Vice Chairman Gort: OK.
Mayor Carollo: I think it's important for the resolution, before I make the final statements, so it
162 April 27, 2000
could be clarified. How many tear gas canisters -- since you don't know how many you had that
day. And I wonder if there's anybody here. You have your whole command staff with you -- if
anybody knew how many we had in hand. If anybody knows, I'd appreciate it if I could be let
know.
Chief O'Brien: It's something we could look up, just as we could look up how many flex cuffs we
have; how many numerous pieces of inventory. That's not something that I'm briefed on a daily
basis, sir.
Mayor Carollo: That's fine, sir. But, on tear gas canisters, which is quite different than flex cuffs --
and you did order from other departments it is an area that I thought that you would know. Now,
since you don't how many you had on hand, maybe you would know how many were ordered from
other departments? How many additional tear gas canisters were ordered?
Chief O'Brien: I know we, through mutual aide, had one hundred from the Metro -Dade Police
Department. I know that, sir.
Mayor Carollo: OK.
Chief O'Brien: Let me just say this. Those were ordered as a contingency, in a worst-case scenario.
We had sufficient chemical agents for quite some time, but mutual aide, you want to augment what
you have and make sure that a worst case scenario doesn't come about.
Mayor Carollo: But those were ordered on Saturday, correct?
Chief O'Brien: They were requested, correct.
Mayor Carollo: On Saturday? A hundred from which department again, so I could be clear?
Chief O'Brien: Miami -Dade.
Mayor Carollo: Miami -Dade. How many were ordered from any other department?
Chief O'Brien: I don't have that.
Mayor Carollo: Well, the information that I was given -- go ahead. If you need to correct any of
those numbers, I'd appreciate it.
Chief O'Brien: It's not correcting, sir. It's Miami -Dade is one hundred, FHP (Florida Highway
Patrol), we received two hundred units and Miami Beach, seventy units.
163 April 27, 2000
Mayor Carollo: OK. The information that I received, that was faxed late at night, Saturday, from
the Chief of Staff, Assistant City Manager, John Lindsey, to my Chief of Staff, Ronald Lieberman,
stated that there were three hundred and sixty ordered canisters from Miami -Dade County, even
though your numbers are correct because the Miami -Dade County Police Chief immediately made
the information available to me and the break down that I should have had. There were a hundred
given and there was a decline for an additional hundred that was asked for. But what I was given
was three sixty. The actual number that was given was one hundred. There was another hundred,
that it was confirmed that it was asked for and it was declined. I was told there were 250 that was
delivered by the highway patrol. I'm hearing now that it's only two hundred, is that correct?
Chief O'Brien: That's the information I've just been given, yes.
Mayor Carollo: OK. And I do not know that Miami Beach gave us 70 because I was not provided
with that information. So, that's another seventy. So, at least, we've confirmed that, instead of the
original six hundred and ten that I was told were ordered, that actually there were at least four
hundred and seventy ordered, maybe more, but only three hundred and seventy received.
Chief O'Brien: And none of those were used.
Mayor Carollo: OK. Do you have any idea how much tear gas canisters -- how many were used?
Chief O'Brien: We're assembling the after action reports to indicate that now. We've been rather
busy with what's been going on.
Mayor Carollo: Well, yesterday, I think, was a relatively quiet day. So was today. So, we do not
have the full accounting of how many tear gas canisters were used, yet?
Chief O'Brien: Nor the overtime expenses that were incurred.
Mayor Carollo: I'm not asking about overtime or not, Chief. I know there are a lot of things that we
don't have, but something as simple as tear gas canisters, by now, I would have thought that we had.
Now, the point that I'm trying to make, colleagues, ladies and gentlemen, is that there are many
things, as you could see, just one small little. area that we don't have information; they don't have the
numbers right, and this is just one small area of so many areas that need to be investigated and
looked upon. I think that we need to proceed in investigating this with caution. I don't want
anybody, anybody to accuse this body, this City, of trying to just ramrod any kind of investigation.
I think we need to bring in very solid professionals, some former prosecutors, topnotch law
enforcement people, along with topnotch citizens of this community, where you have a balanced
group. I don't think that we need to place such a stringent time limit on this. And most of all, I
164
April 27, 2000
think that we need to, as I've said so many times, think with our heads, not with our hearts. And if it
takes a little longer before this process begins, it's all right. We'll get to the bottom of it and that I
assure all of you. We will get to the last bit of the bottom of what happened and everything. But I
think that right now one of them -- our main responsibilities is that we keep calm in this community;
that we do the kind of things that we have been doing throughout the last days in keeping peace and
tranquility in our community. There will be plenty of time to begin investigations to get to the
bottom of everything. Every last truth to come out. But it has to be done with fairness; it has to be
done with fair play; it has to be done within the law, and then we have to use that same law to bring
it to the appropriate bodies and if there are anyone, any individuals -- if there is anyone or any group
of individuals that have violated that law, then let the appropriate body look at it and deal with it.
But I just want to, again, just say that we need to proceed with caution for the reasons that I've
stated.
Commissioner Sanchez: Mr. Mayor, an amendment could be made to the 60 -day to add an
extended period after the 60 days or if you want 90 days, I'm willing to open up for the floor to have
an amendment made.
Mayor Carollo: I would suggest, if you would, if you allow me, Commissioner, if you would open
it up for 90 days...
Commissioner Sanchez: With an extension.
Mayor Carollo: ...with an extension up to another 90 days, if need be.
Commissioner Sanchez: So moved. Ninety days with an extension of 90 more days
Commissioner Winton: And, Mr. Mayor, you made some suggestions about the make-up of the
committee, as well.
Commissioner Sanchez: Yes.
Mayor Carollo: I don't think we -- you need to get into that now, but I think it should be clear that
you need to bring real professionals that know what they're looking at. Because you get into some
very critical areas. Some that, there's no doubt in my mind, are going to possibly be crossing the
line, if not cross the line completely. And there were a couple of places that were mentioned, where
there were incidents. Well, there was a lot more than that. So, I think you need to bring individuals
that are truly professionals in analyzing these kinds of problems and individuals that are going to be
fair and just in what they do and looking at.
Vice Chairman Gort: Is the amendment accepted by the maker of the motion?
165 April 27, 2000
City Attorney: Mr. Chairman?
Vice Chairman Gort: Second?
City Attorney: I do have one item on the resolution. The power to issue subpoenas is vested in this
City Commission by Charter. You cannot delegate that authority. The way the resolution that's
before you is written provides that the committee may ask this Commission to issue those.
subpoenas and then...
Commissioner Sanchez: We understand that.
City Attorney: ...the Commission issues the subpoenas.
Commissioner Sanchez: The Commission as a whole, as a legislative body, can issue the subpoena.
City Attorney: Yes, sir.
Mayor Carollo: Or the presiding officer.
Commissioner Sanchez: Or the chairman, which would be Norman Braman. Mr. Braman.
City Attorney: But the subpoena must be issued by the City Commission.
Commissioner Sanchez: OK. OK. Understand.
Vice Chairman Gort: Go ahead.
Mayor Carollo: Can you read the actual language, then, Mr. City Attorney? I think it's important to
have that.
City Attorney: It's Section 4 of the resolution. The Committee may request from the City
Commission the issuance of subpoenas, which shall be issued pursuant to the City Commission's
authority, under Section 14 of the Charter of the City of Miami, for the limited purpose of requiring
attendance of witnesses and production of books, papers and other evidence, which subpoenas shall
be signed by the presiding officer of the City Commission, which -- and which may -- subpoenas
may be served pursuant to City Charter.
Mayor Carollo: OK.
166 April 27, 2000
Vice :Chairman Gort: OK. There's a motion and amendment. Is there a second? Who seconded
the...
Commissioner Regalado: I'll second it.
Vice Chairman Gort: OK.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: For discussion. I heard very clearly what the Mayor said. I really do think
that there needs to be an investigation. I don't have any -- I have no reservations about an
investigation. I've suggested to this Commission that the matter of Richard and Janeka Brown --
Mr. Attorney, I've suggested to this Commission the matter of Richard and Janeka Brown -- how
many shots were fired in that?
Commissioner Regalado: A hundred and fourteen.
Commissioner Sanchez: A hundred and something.
City Attorney: In excess. of a hundred.
Commissioner Teele: In excess of a hundred shots were fired. And how much money did the City
just spend.in settling it?
Commissioner Regalado: Two million.
City Attorney: The settlement -- to total amount of the settlement, over a period of years, is two
point five million.
Commissioner Teele: And I've suggested repeatedly to this Commission that we should investigate
that and, yet, we spent two -- over two million dollars ($2,000,000) of your money or over a
hundred shots were fired and life was lost, people were killed. Certainly, a person was killed. But
you know, what the Mayor has just said, I think, is a sober note. We need to ensure that, if we're
going to investigate something, that it not take on any form of a witch hunt; that it be a real
investigation and not'something designed just to make everybody feel good tonight, and that's not
popular to say sometimes because people want to feel good and want to know that you . can come
down and see things happen. The Governor considered looking at the matter, I'm advised. I don't
know how he's come out on that. The Florida Department of Law Enforcement. But there is a
167 April 27, 2000
0. 0
concern about the issues related to the civilians. I am really concerned when we make the two
issues the same, that is, the removal of Elian with the treatment of our citizens. I am one hundred'
percent in support that the citizens of this community, the taxpayers, the people who live here,
should feel comfortable and should see the police as our friends. (Applause). And I think any
investigation in that -- because whether it's this investigation -- we're going to have to repair and
rebuild trust. There is some lack of trust and whether the police are wrong or the public is wrong --
I mean, you know, the fact of the matter is, we've got a chasm right now. But I'm really concerned
about rushing in and each Commissioner appointing a person that...
Commissioner Sanchez: Qualified person.
Commissioner Teele: A qualified person, whatever that is, that starts an investigation. I really
believe that we should have an investigation, but I think we ought to think this through before we
rush into it. I am a strong believer, having served in the military, in Vietnam, in combat, that you
don't put people, who you're trying to work with in carrying out the orders of this community, under
investigation at that point. The issues are not going away. And I really .do believe that we need to
all take a deep breath. This Commission should not rush into ordering an investigation right now.
We need to sit down with the Mayor; we need to sit down with the Florida Department of Law
Enforcement and formulate an investment panel -- an investigation panel that makes sense. And I'm
not saying that this one doesn't make sense. I don't know if it does.
[OUTBURSTS FROM THE AUDIENCE]
Vice Chairman Gort: Listen, we're going to keep order.
Mayor Carollo: I'm sorry, Commissioner Teele, but let me say this for you, sir. Let me try to
explain to you -- and if you would...
Commissioner Teele: Mr. Mayor, I would -- let me tell you. I'll yield to you, but I'm going to tell
you something.
Mayor Carollo: I know that. And I am sorry.
Commissioner Teele: I am a person who fought for this country. (Applause).
Mayor Carollo: Let me -- please, please.
Commissioner Teele: And, Mr. Mayor, I was shot down; I was wounded; I have a Purple Heart for
the right of a democracy.
168 April 27, 2000
Mayor Carollo: That's right.
[OUTBURSTS FROM THE AUDIENCE]
Mayor Carollo: Please. Art?
Vice Chairman Gort: Hold it. Keep the order. Hey, sit down.
Mayor Carollo: Ladies and gentlemen, please. Ladies and gentlemen, please. Ladies and
gentlemen, please. Listen, what Commissioner Teele was actually trying to do -- and please listen.
Please, listen to me. What Commissioner Teele was trying to say was the same thing that I said
before. What you want to see is not just any other rinky-dink committee. We've had a committee
already that's been made, that has done nothing. It was put together in a form not to do anything.
You want a committee that's going to have real teeth, real professionals, so that the honor of this
City, of its residents, and that the honor of the Police Department will also be protected and that you
will really get to the bottom of whom were guilty of committing crimes against our residents.
(Applause) Now, the majority of our Police Department is made up of honorable men and women.
In order to get a committee that's going to be fair, that is going to get to the bottom of it, that is
going to do justice, you have to go about it in an intelligent manner. You cannot rush into it.
Otherwise, you know what's going to happen? The same thing that's happened so many other times.
You're going to have a couple a scapegoats and nothing else will come of it. What Commissioner
Teele was doing was endorsing what I said before, to make sure that this committee is not going to
be whitewashed; to make sure that this Committee is going to come back with solid findings, solid
findings that if it means some criminal findings, like I truly believe that it would find, then you have
to let it have the time that it needs. We don't need to rash right now. What we need is to have a real
solid committee and I guarantee you that we will get to the bottom of everything and there will be
justice. Justice for those few individuals that acted wrong and honor for the vast majority that have
been professional police officers.
Vice Chairman Gort: Commissioner Sanchez.
(Applause)
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: This committee is designed to do that, if we appoint people who have the
knowledge and the expertise to look into these fact-finding missions, that would gather the right
information -- we're talking about subpoenas to find out transmission between the City of Miami
Police Department and the Federal Government; telephone calls from one office to the other. We're
talking about a thorough investigation from "A" to "Z." And how this Commission appoints the
169 April 27, 2000
people to do a thorough investigation -- becauseI could guarantee you one thing: Somewhere along
the way some people are going to be sacrificed, and what we need to do is look in and find exactly
everything that has happened so the community could be at peace of what's gone wrong. If it comes
out in the investigation that nothing was done wrong, then we'll accept it. But if the investigation
comes out. that some people -- we're not saying all people -- but there are a few people that may
have acted irresponsibly or violated the law, then they need to be held responsible for their actions.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Mr. Chairman, I respectfully request that you open the floor and that we
start with Grisel Ybarra.
Commissioner Sanchez: We've got to vote on the...
Commissioner Regalado: Because I think it's important that the Chief..
Vice Chairman Gort: We have -- there's a motion on the floor that we need to take care of first.
Commissioner Regalado: I know. I know. But after we vote, it's important that the Chief, his
assistants, will listen to what she has to say because she typifies the abuse that were made against
many of our residents in this City. And the reason I'm saying that she should speak before the Chief
is because I was there. I saw everything. I heard everything and there's nothing that they can tell
me that I didn't hear or see. So, I'm ready to vote and then to proceed...
Vice Chairman Gort: We have a resolution on the floor. I was asked by the Manager to give a few
words. If you want to, Mr. Manager, I think we should wait until the end, until we hear, and then
you could respond a lot better.
Commissioner Sanchez: The resolution's on the floor and we called the question.
Vice Chairman Gort: OK? There's a resolution. Call the question.
Commissioner Sanchez: Have the City Attorney read the resolution with the proper amendments
made.
(At this point, the City Attorney read the resolution into the public record.)
Commissioner Regalado: No.
City Attorney: ...and allocate an amount not to exceed twenty-five thousand dollars ($25,000)...
170 April 27, 2000
•
[OUTBURSTS FROM THE AUDIENCE]
Vice Chairman Gort: Excuse me.
City Attorney: ...from Special Programs and Accounts to cover expenses incurred by the
committee.
[OUTBURSTS FROM THE AUDIENCE]
Commissioner Sanchez: We've got to -- listen, we need -- Chief, we're going to need somebody to
escort...
Vice Chairman Gort: Hello. Hello. We need to vote on the resolution.. Let's have the -- all right.
Commissioner Regalado: Call the roll. Call the roll.
City Attorney: Mr. Chairman?
Vice Chairman Gort: They have to make some -- go ahead.
Commissioner Sanchez: Yes. Just for the record...
City Attorney: The City Clerk has advised me that the Commission amended on the floor for 90
days, with an additional 90 days, if necessary.
Vice Chairman Gort: Right.
City Attorney: I read 60 days into the record. So, for the record, it's 90 days, with an additional 90
days, if necessary.
Commissioner Sanchez: With this Commission having subpoena powers, through this
Commission.
City Attorney: That's in the resolution, as written.
Commissioner Sanchez: OK.
Vice Chairman Gort: OK. All in favor state by saying "aye."
171 April 27, 2000
•
The Commission (Collectively): Aye.
Vice Chairman Gort: OK. It passes.
Commissioner Sanchez: Passes unanimously.
u
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 00-369
A RESOLUTION OF THE MIAMI CITY COMMISSION CREATING A
SIX (6) MEMBER COMMITTEE TO INVESTIGATE AND REVIEW
THE CITY. OF MIAMI POLICE DEPARTMENT AND ITS
INVOLVEMENT IN THE REMOVAL OF ELIAN GONZALEZ FROM
HIS LITTLE HAVANA RESIDENCE ON APRIL 22, 2000, AND THE
SUBSEQUENT ACTIONS TAKEN BY THE MIAMI POLICE
DEPARTMENT DURING CITIZENS' DEMONSTRATIONS FROM
THE TIME OF THE INCIDENT THROUGH APRIL 25, 2000;
PROVIDING FOR APPOINTMENT OF MEMBERS TO THE
COMMITTEE; SETTING FORTH THE COMMITTEE'S
RESPONSIBILITIES AND POWERS, INCLUDING REQUESTS FOR
THE ISSUANCE OF SUBPOENAS; 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 WITHIN
NINETY (90) DAYS FROM THE ADOPTION OF THIS
RESOLUTION, WITH AN EXTENSION OF NO MORE THAN
NINETY (90) ADDITIONAL DAYS, IF NECESSARY; ALLOCATING
FUNDS THEREFOR, IN THE AMOUNT NOT TO EXCEED $25,000,
FROM SPECIAL PROGRAMS AND ACCOUNTS UNTIL FURTHER
CITY COMMISSION CONSIDERATION OF FUNDING; AND
DIRECTING THE CITY MANAGER TO PRESENT A REPORT TO
THE CITY COMMISSION AS TO THE TOTAL ESTIMATED
DOLLAR ALLOCATIONS NECESSARY TO COVER EXPENSES TO
BE INCURRED BY THE COMMITTEE DURING THE EXECUTION
OF ITS DUTIES AND PRESENT SAME TO THE CITY COMMISSION
FOR ITS REVIEW AND CONSIDERATION
172 April 27, 2000
.7
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Commissioner Regalado: Mr. Chairman, one brief resolution. Modify the Elian Gonzalez Ad Hoc
Committee and granting that committee subpoena powers, through the City Commission, as this
committee has.
Commissioner Winton: Why don't we...
Commissioner Regalado: Yeah, I move it.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): Aye.
173 April 27, 2000
•
I
•
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION NO. 00-370
A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING
RESOLUTION NO. 00-043, AS AMENDED, WHICH CREATED 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, TO GRANT THE COMMITTEE THE
AUTHORITY TO REQUEST THE ISSUANCE OF SUBPOENAS BY
THE CITY COMMISSION FOR LIMITED PURPOSES.
(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: What's the procedure that you'd like to follow? City Manager has requested
that he would like to speak and answer. Mr. Manager.
Mr. Donald Warshaw (City Manager): Thank you. I've served this City for almost 29 years and
this is a painful thing to watch. Let me say a couple of things. Number one, when you have jobs
like Police Chief and City Manager, you know that those jobs are not forever. They have,
174 April 27, 2000
historically, not just in Miami but in other places, short tenures. I'd like to think, in my 29 years,
I've done a lot of good for this City. It's the City I love; the City I live in; the City I'm going to
continue to live in; continue to raise my family here. When someone loses his position -- and I've
heard the things the Mayor has said, and I'm sure the Mayor knows I don't agree with everything he
said. But when someone is terminated from their job, obviously, the one who is doing the
terminating often has a feeling that's different from the one who is being terminated. And
understanding the fact that I respect the Charter of the City of Miami that gives the Mayor the right
to terminate the Manager -- and there is a process in place -- I would only say that I urge everyone --
and I'm talking to the audience and there's many of you here, I know, who are my friends -- that this
is a process that is in place in the City Charter. The Mayor has the right to do this. Obviously, I'm
not happy. Nobody likes to lose their job. But I ask all of you, not only the people who are
cheering for me -- and I hate to say that there's people cheering against me. I don't want anyone
cheering at all, except that I understand and respect the fact that, if the elected officials of the City of
Miami want to make a change, they have that right. And I am sad, very sad, for all that's happening
in our City. And I will tell the Mayor and the Commissioners that, during these next few days or
ten days, I'm going to continue to do the things that I have done, which is to try to improve the
quality of life in the City for all its residents. I ache in pain for all the things that everybody else
feels pain for. Nobody likes to see things that happen in our streets that injure people, police
officers included, who are a part of this community, many of whom live right in our community.
And I know there's a lot of sadness in their eyes right now and many of them are standing right
behind me. So, I would ask all of you -- because I know there are things yet to come and
demonstrations and what have you -- you know, to please not make me, you know, the issue. I'm
not the issue. The Mayor has the right to terminate me. He has a right to do everything he's done
and I respect and accept that. So, I ask all of you to please be calm and -- the eyes of the world are
watching us. There's international and national news media. I wrote a piece that appeared in The.
Miami Herald today. I wrote it 10 days ago. And it's on the (unintelligible) page and it talked about
my feelings about Miami and about my relationship with the Cuban community, and I was very
upset when I wrote it and I'm very affected by it, but I'll tell you this: To see our City portrayed
around the world as being an unsafe and violent place, we are not violent people; it is not an unsafe
place. It's a place filled with passion that's just gone through a very terrible event for which we all
pain. So, that being said, I'm not going to address any of the issues of the termination, other than to
say I've enjoyed my 28, 29 years with Miami. I'm not going anywhere. I'm going to continue to be
here, be active in the community. I'm not disappearing. I'm not going anywhere. And I thank all of
you for all of the good things that you have done for me; welcome me into your homes, and been
there for me and help Miami make a better place. The only thing I'll say, in closing, the employees
of the City of Miami are wonderful people; they are good people; they're hard workers. We've gone
through some tough times. And I know the Mayor mentioned some things about "There's not a
Finance Director," and it's true. Our Finance Director did die, unfortunately, at a young age last
year. But I know the Mayor would agree with me and the Commission would agree that we have
some absolutely wonderful public servants who understand what it is to serve the needs of people,
175 April 27, 2000
particularly in a poor city. So, that being said, I would just pray and hope that all of you will be
calm and not let these cameras portray us around the world as being chaotic people because we're
not. We all have passion and I think you can tell I have passion, as well, for everything that's
happening here. Thank you very much. (Applause)
Vice Chairman Gort: OK. Commissioner Regalado. Commissioner Regalado.
Commissioner Regalado: Mr. Chairman, there are many people that, I'm sure, that want to express
their feelings but, like I said before, I think that there have been many high visibility cases and one
of them is a person sitting here. So, I would ask you to hear some of the comments of the public,
and if we should -- if we're going to do that, if we should begin with Grisel Ybarra because of the
circumstances that she could address and speak to the Commission and to the public and to the.
Chief and to the City Manager.
Vice Chairman Gort: Commissioner, I don't have any problem with that. I will listen from Ms.
Ybarra first. But I also want to know, there's a list of individuals that have signed up to speak and
I'll be calling them in the order that they signed up for.
Commissioner Regalado: Grisel.
Vice Chairman Gort: Grisel. (Applause)
Ms. Grisel Ybarra: Good evening. After 38 years in the United States,
I'm finally seeing --
Vice Chairman Gort: Excuse me, ma'am. All the speakers state your name
and address for the record, please. Thank you.
Ms. Ybarra: I'm sorry. I didn't know. My name is Grisel Ybarra. That's
G -R -I -S -E -L, Y -B -A -R -R -A. My mailing address is 2320 Southwest 57TH
Avenue, Miami, Florida, 33155. Anything else?
Vice Chairman Gort: That's it.
Ms. Ybarra: After 38 years in the United States, I'm finally seeing
democracy at work, and I've been sitting here for two hours. Some of
what I've seen is good. Some of what I've seen, I think,' I believe could
use a little improvement, but at least we're all here, OK. This is the first
time that I have ever addressed a government body anywhere, and I'm not
sorry that I'm here. I am sorry for the circumstances that have brought me
176 April 27, 2000
here. First of all, I want to say that, at the address that I just gave you,
it's the building which I own, which I work, and that many, many of the
police officers from Dade County and from the City of Miami, and also
highway patrol officers, use the parking lot in my building practically
everyday, when they are giving out tickets and doing things, and I have
never, ever, complained to any of them on the contrary. I realize that, as
I work late at night, I mean, what better alarm system can I have than ten
cops sitting there, OK. So, it's great. I mean, . it's wonderful. And they
have always been courteous; they've always been kind to me, and I have
nothing against the police whatsoever. Nothing. I believe that every City
needs to have a body that protects us and serves us. I believe that that is
the purpose of the Police Department, to protect and serve. However, I do.
believe that there are times when some individuals, perhaps because they
are fatigued, perhaps because that is the personality, or perhaps because
they are under circumstances which make perhaps the worst of them come
out, take action which cross a line from which you cannot return, OK. I
did not participate in any of the demonstrations against what happened to
Elian. I did go publicly and object to some of the things that I listened to.
I'm an attorney. I try to listen to people's words and I try to receive what
it is that people are saying through the words that they use. Saturday I
was up in the morning when I saw what happened to Elian, and, yes, I was
appalled. I was appalled because I come from a country where, when I
was six years old and my brother was four years old, the police came to
my house to arrest Francisco Ybarra and Francisco Ybarra turned out to
be my four-year-old brother, and it was traumatizing to me. However, I
tried to understand also the legality. I tried to understand the politics that
was involved, and even though I did not agree with the issue, I realized
the right of the community to go out and protest peacefully, OK. I'm
against burning tires. I'm against throwing chairs. I'm against cursing at
people. I'm against criticizing people for whatever their sexual
preference is. I don't care if people go home and go to sleep with a
chicken, OK. That's their problem. All I care about is how people act
towards me and how I act towards them. On a one to one relationship, we
can grow into multitudes that respect each other. What I don't agree with,
OK, and what I don't see at any point and time being acceptable to me, is
anyone pointing any kind of weapon against a six-year-old kid, OK. I
have one daughter and, if in order to get my daughter back, I have to put
her in a position where some guy points an automatic weapon at her, then
you can have her because maybe that way she'll be safe. I'm not asking
her to give her back to me dead or alive. That's what I perceived in that
177 April 27, 2000
situation. Then, I heard the comments that were going on and then I went
on Channel 51 and I made the first comment that I have ever made against
an official in any government. I heard -- are you called Mr. O'Brien or
Chief O'Brien. OK. I heard Chief O'Brien say, " I did not inform. the
Mayor because I did not want to jeopardize the safety of my men." That,
to me, it hurt me as a Cuban because the Mayor is Cuban. I realize that a
lot of people see the Elian issue as a Cuban issue, and what I thought was
that the Police Department didn't trust the Mayor because he was Cuban
and maybe he was going to tell them multitudes or something, and that
hurt me. That hurt me. And I said that publicly. I said, you know, I
don't understand how someone who works for a City can make a comment
like that. And I left it at that. Then, last Tuesday, when the stop came, I
cancelled 20 appointments in my office because I was -- that was my little
bit of supporting the community and sewing my pain for what happened to
Elian, OK. I was asked to speak at Tele Miami and when I walked in
there, the mothers and the relatives some of the young men who had been
arrested were there. I heard stories about a 16 year old hands being.
crushed to the point that medal steels have to be put through them; that
me may never write his name again. I heard stories about people being
beaten; I heard stories about people not having representation, and people
being in jail because they had no one to bond them out. That hurt me.
That hurt me. Because you know what, there, by the grace of God, it
could have been anyone of us. So, I -- you know, I talked to Tomas
Garcia-Fuste and I said Fuste, I have an idea. We have been portrayed
nationwide and internationally as a City that burns chairs, burns tires,
screams at people. Maybe we can do something that would show us as a
community that is trying to repair the damage being done and that is
trying to help the people that went out into the street and maybe by their
own errors or maybe by errors of others, landed in jail. I came up with
the idea of trying to collect money, OK, to bond out people who had been
arrested due to the -- to their excitement or due to what happened during
the Elian confrontations, OK. I called Katherine Fernandez -Rundle.
Kathy came on the phone. I asked Kathy -- I said, listen, I have this idea.
What do you think? And she said, "Grisel, it seems like a good idea, but I
don't want you to get caught bonding out habitual criminals." She said,
"some of the people that were arrested during those incidents are people
that have warrants from other states; are people that have arrest records
from other places, or from Miami and who are really criminals." And I
said, Kathy, you're perfectly right. I'm not going to go out there and
collect money from the community to bond out criminals because that's
178 April 27, 2000
not the purpose. And then I asked her about the young people. And she
said, there are still some young people in prison. So I said, OK, Cathy,
we'll collect the money and then we will sit down with lawyers -- I will
sit down with criminal lawyers, and we will see the records and we will
see who really deserves to have the community bond them out. In my
opinion, people who never had any criminal records up to that point,
people who, perhaps, were arrested in the heat of anger. Maybe those
could be bonded out, and maybe those we could do something for. I
called attorney Rick Diaz, I called attorney Frank Gutierrez. I said, guys,
help me out with this. They said, "Grisel, we'll explain to you what the
legality is, what the criminal system works for." Great. We started
showing -- we went -- Tomas Regalado had the news, I think --.I believe
at 12:00. I went on the air and I said. -- I asked the community of Miami
to help me. To help me bond out the people that were in prison. I -- no
one believed in the project. The people say, "Grisel (comments made in
Spanish), are you crazy." You know. I said, no, I'm not crazy. I know
Miami will come out for a good cause. OK. We planned to make it from
three o'clock to five o'clock. The first contribution that came were from
two Argentinean ladies, who have a program at 3:00 in Tele Miami, and
they offered their hour on their program so we could do it. I thanked
them and I went about my business. Tele Miami started putting on the
screen a little sign saying, please come and donate money to bond out the
people that were arrested during the Elian problems. Great. I called
Rick. 1 called Frank. We agreed to meet there around 2:30. When I got
there at 2:30 in the afternoon, to my surprise, there was a whole thing full
of money already. Apparently, people had already been coming up and
donating the money, OK. I got a box. I said, let me collect the money.
People know me, OK. And, I mean, even Rick was telling me, "You
know, you're probably the only woman in Miami that someone would
come up and give a thousand dollars ($1,000) in cash to" and know that
that contribution, for which they are not getting a receipt, for which they
are not getting -- I mean, they are not even mentioning their names -- is
going to go to the cause that you're saying. I said, great. I realize that
credibility. And I'll do that. I got a box. I stood -- and the cars began to
flow by, and people began donating the money. Some people thought that
maybe if they slowed down traffic, it would make their donation more
significant. I went up to them and said, that's not the point, OK. We're
not here to slow down traffic. We're here to collect money. The faster
you move out, the more money I can get. That was my purpose, to collect
money to bond people out. Northwest 7TH Avenue has two lanes coming
179 April 27, 2000
this way, two lanes going that way, and it has a median .in the middle. I
stood in the middle of the two lanes coming this way, and people would
pass by and they would hand in their money through the window, and I
would run and put the money in the box and I would. say, move it, move it,
move it. Keep it moving. I policeman -- no. About two or three Florida
Highway Patrol cars went by. They looked at me. I went like this to
them. Some of them smiled. Some of them looked the other way. No
problem. OK. We had no problem whatsoever. A Miami Police
Department officer -- two officers in a car came up to me and said,
"Listen, keep the people off the street. Put them on the sidewalks. Keep
the traffic flowing. Be careful." I said great. I asked them for a
donation. They cracked a smile and they left, OK. I have -- I was
videotaped from the moment that I stood out into the street up to the
moment that I was arrested. There were video cameras going on and on
and on. There were five highway patrol troopers who stood in plain view
of where I was. I was going from maybe -- they were there -- I got there
at 2:30. The highway patrol guys came maybe about half an hour later.
They stood there and they could see me. I could see them, OK. We had
no bottle throwing. No turmoil. I never. stopped traffic. Everything was
going great. As a matter of fact, in two and a half hours, I didn't even go
to the toilet because I didn't want to miss the chance of missing one
dollar, OK. People would bring up Sprite to me, water to me. At one
point I put it over my head. I didn't want to miss the money because my
purpose was to come to the police. And you know what? It wasn't just to
bond out Cubans. I was going to bond out anybody. Anybody that was
there. Whether they were Nicaraguan, whether they were blacks, whether
they were Americans. The point is that people who had landed in prison
because they thought that they were rightfully expressing their
constitutional rights shouldn't sleep in prison for a bunch of days because
they didn't have money, OK. Then all of a sudden I see a lady in a police
car drive by. She looks at me. I looked at her. She got on the phone..
OK. Then the traffic began to bottle up. I looked back and a van had
broken down. I immediately called people. I said, hey, you know, get the
van out of the way because the cop said that I shouldn't stop traffic, and
that's not what I wanted to do. People came off the sidewalk, took the
van, literally by their hands, and pulled it away. Great. OK.
Commissioner Regalado was there. Attorney Rick Diaz was there.
Commissioner Regalado actually got a box and stood next to me because I
-- I mean, so that we wouldn't miss anybody getting the money. Mr. Kovo
(phonetic) from the television station stood on the other side because
180 April 27, 2000
people were saying, "Grisel, Grisel," and I just couldn't be in four places
at once. And I didn't want to stop traffic. And I didn't want to get run
over, OK. I mean, no one was hurt. No one was saying any vulgarities
against anybody. We were not demonstrating. We were collecting
money, OK. What I did is what the homeless do everyday. What I did is
what the Fire Department does, what the Police Department does, what
everyone who's collecting money for. a good cause does. They stand in
the street and they get the money. No one ran me over. Listen, I am not,
you know, masochistic. I'm not on a kamikaze mission there, OK. I
wasn't going to stand in the middle .of the street and get run over by some
crazy people. That's not going to happen. I knew that the people who are
going to go there, God, they wouldn't hurt a hair on my head, OK. All of
a sudden I turn around because the traffic is bottling up, and there is a
police car parked on the middle of the street, and there are a whole bunch
of cops. There is a bus with like rails on its windows, like -- I mean, it
reminded me what they transport the animals in the zoo. You know, that's
what it looked like, like a little cage. And then I see these guys with
these black shirts and these white letters, and I thought they were from .
the Fire Department because it said FD something or other, and I figured
"F" would stand for "Fire" if it didn't stand for Florida. OK. So, I
walked back there and I realized that there is a police truck blocking the
way. So, I walked back to the police car and I say to a black gentleman
that was standing there. I said, excuse me. Is this your car? And he
goes, " what about it?" I said, well, you know, move the car because the
cops told me that I had to keep the traffic flowing; that I can't stop the
traffic, and now I'm not stopping the traffic you are. Why are you parked
in the middle of the street? And he said, "The car is not moving." I said,
come on, man. You know. This is going to be over in a little bit. Just
move the car. He goes, "No." And I said, OK, we'll see about that. I
turned around and I started to walk to where the camera people were
because I wanted to make sure that whatever I said to this officer or
whatever he said to me was video taped. I don't want any more hassles. I
didn't want any problems. I mean, nothing. I was always so proud of the
fact that I grew up in Spanish Harlem in New York, OK. And that I had
reached the age of 46, having been fingerprinted only three times in my
life, when I became a citizen of the United States, when I applied for the
Bar exam, and when I took the Bar exam. There was no record of Grisel
Ybarra ever, ever having been arrested anywhere, anywhere in the world.
And that, to me, was a pride. Because to get out of the ghetto in New
York, without a criminal record -- I don't know if you guys realize -- but
181 April 27, 2000
it's quite a feat, OK. It's really something to be proud of. Any way, I
walked -- as I'm walking back, I'm going like this -- and all this that I'm
saying to you is video taped, OK. I'm going like this to the camera guy,
to follow me. And then I see this woman coming at me with this thing on
her. I mean, she looked like a little robo cop, boom, boom, boom, boom,
boom, and she said, " You, let's go." And then she had this thing in her
hand and it looked like a whip, and I'm just saying, me? And then she -- I
have a box full of money. Now, listen to me, OK. I believe that
policemen are trained for riot problems. I believe that policemen have
some sort of psychological training. I have 300 people standing on the
sidewalk. We had been standing there for two and a half hours collecting
money. No one had had any problems. Didn't that woman realize that
when she came up to me and grabbed the money, that she was putting my
life in danger, that the people were going to come and react, and try to
protect me? Obviously not, OK. She walked up to me -- I thought it was
a whip. I now realize that it was handcuffs. Anyway. She walks up to
me, "You, let's go," and grabs the money. Immediately a multitude of
people fell on me, OK. She's pulling -- I mean, gentlemen and ladies,
she's pulling at my arms -- I don't know if you people realize this, but
Cubans, we're just like everybody else, our limbs are attached to the
torso, OK. If you .pull on my arms and the Cubans are pulling at my
torso, there is going to come a point and time where my arms are going to
get disconnected, OK. Now, why didn't she just let go? I wasn't selling
drugs. I. wasn't killing anybody.. I wasn't doing anything wrong. I mean,.
if she saw that, because of her actions, my life was in danger, God damn,
let me go. Just let me go. She was --
(Applause).
Ms. Ybarra: OK.
Vice Chairman Gort: Hello, hello.
Ms. Ybarra: I -- look at this. I couldn't understand what was going on,
and then, all of a sudden, there is a black officer pulling on this arm.
She's pulling on the other arm, the money is falling. And I hear the
(indicating). I said, what the hell -- this lady takes me out of the way.
The mace comes over my body. The lady behind me is crying because
she's been sprayed. I'm on the floor. This woman -- your police officer
grabbed me and threw me on the floor. Why?
182 April 27, 2000
(Outbursts from the audience)
Vice Chairman Gort: Excuse me. Excuse me. Excuse me.
Ms. Ybarra: No. No.
Vice Chairman Gort: Let's try to keep calm in here, please. Hello. Hello.
Ms. Ybarra: No. Listen to me. Please let me finish. Please let me
finish.
Vice Chairman Gort: Ybarra, please. You'll get a chance to speak, also,
sir. You'll get a chance -- you'll get a chance to speak. You'll all get a
time limit, OK.
Ms. Ybarra: Listen to me, please.
Vice Chairman Gort: You'll all get a time limit, OK.
Ms. Ybarra: I'm going to tell you something. I believe that there are a lot
of Cubans here who would give up their time to speak to let me finish.
Am I right or wrong? OK. You're not going to have a problem getting
your time, OK. Now, whether we stay here to listen, that's a different
story. Now, the thing is this. I couldn't understand what was going on,
right. I'm dragged. I'm trying to get up. All of a sudden, I'm thrown
against the police car. I'm being handcuffed like this. I tell the lady as
we're walking over there, whoever it was that was dragging me, I'm being
dragged by here, by here, by here, by here. I say, listen, I have a heart
condition. I haven't eaten anything all day. I've been standing out there
for two hours. Call the rescue. I don't feel good. I was in the hospital in
Pennsylvania 10 days ago for my blood pressure. Please, call the rescue.
I don't feel good. "Shut up and just sit down." They put me inside the
car. The car was so hot. I mean, it was so hot. I didn't know what was
happening. I said to the officers, please, why am I being arrested? What
did I do? And then the same officer that had told me that he wasn't
moving the car comes to the window and he says to me, "It's your attitude.
Part of this is your attitude." And I have that man on videotape, OK. I
know -- I don't know his name, but I can point him out. It's your attitude.
I mean, I'm sitting in a car in 90 -degree weather, handcuffed like this
183 April 27, 2000
because .of my attitude? Well, I didn't know that attitude was a crime in
the United States. The rescue never came, OK. Rescue never came for
me. There was an officer by the name of Vansandt. I don't know if they
were playing good cop and bad cop, but Officer Vansandt was a
gentleman. I mean,. I went up to him -- he came up to me in the car and I
said, listen to me. Please loosen the handcuffs. They are really tight. I
can feel my circulation. And he says, "I can put them in front." and then.
the lady comes up and says, "Shut up. Don't talk to her. Leave her
alone." OK, fine. I'm sitting there. Ten minutes go by. Fifteen minutes
go by. They get in the car. They start driving me. And I asked the
question, what precinct am I being taken to because I don't have any ID
on me. My purse is in -- at the TV station. I mean, I said, if we get hit
by a car or if this car burns up or whatever, you're going to have a hell of
a time identifying me because nobody has asked me my name. Nobody
has written down who I am, OK. "Well, don't worry about it." OK.
Officer Vansant turns around and says, "Ma'am, are you OK?" and officer
-- the lady officer says, "Shut up. Don't talk to her. You shut up back
there. Don't talk to her." Officer Vansant says to me, "Ma'am, are you
OK? What kind of music do you like?" and I said, I'll listen to anything
except loud -- very loud music, rap music. I don't like that. And he said,
"OK." And he was trying to calm me down. I was as red. as a beet, OK.
We get to the police station. I believe it's downtown. And -- I don't
know. I had never been arrested, but I figured -- I mean, I've seen Law
and Order, that they bring the people into a building or something. I was
taken to the parking lot, OK, and they opened the door and she says, "Get
out of the car." Well, you know, for the first time in my life, I was a
paraplegic, in the sense that I did not have the use of my hands. I didn't
know how to get out of the car without my hands. I really didn't. I had
no idea how to get out of the car. So, I -- I'm trying to slide out of the car
and she's telling me to hurry up. I'm doing it as fast as I can. I get out of
the car. I'm standing there. And she's blasting Officer Vansant, and the
reason that I know his name is that I saw his name written on his shirt.
She was wearing this little suit, this little heavy thing, so I couldn't see
her name. She tells me to just shut up and stand on the other side. Get
away from us. And I said to them, give me some water. I don't feel good.
Give me some water. Officer Vansant goes to get a bottle of water. This
lady is standing there looking at a book and I'm saying -- and I said, what
are you looking for? And she goes, "The charges against you." I said,
didn't you know that before you arrested me? I mean, aren't you suppose
to like have told me that before? "Shut up! Just shut up!" OK, fine. I
184 April 27, 2000
say, look, I don't feel good. I need some water. Officer Vansant comes to
bring me the water. The lady then -- he says, I'm going to take her cuffs
off. They are looking for pliers. She turns around and she says, "I'll do
it." When she put the pliers in order to get the cuffs off, I began to bleed
because there was no room between my skin and the cuffs for her to put
the pliers in. I began to bleed, OK. I mean, there were four lady officers
standing there, who were just looking at her, and looking at me. And
then, when I finally got my hands up front, my hands were black. You
could see the line cutting near the circulation, and I said I want some
photographs taken. "Shut up and sit down!" I said, I want some
photographs taken. "Don't worry. Rub it. It will go away." I said, no, I
don't want it to go away. OK. There was no need to handcuff me like
that. I'm not -- I mean, I wasn't selling drugs. I didn't kill anybody. I
didn't resist arrest. If I'm being pulled this way and you're pulling me
that way, how could you arrest me? I couldn't get arrested if I wanted to,
OK. Then there was a lady there, one of the black officers that was there
got out a camera and took the pictures. She comes back and she says,
"I'm charging you with resisting arrest with violence." Some other stuff.
I didn't know what the hell she was saying. My head began to spin. I sat
down. I began to throw up. And she says, "Do you still want rescue?"
And I said, I would really appreciate it, OK. The rescue people were
there in like three minutes flat. They took my pulse. My heart was
beating at a 158 beats a minute, OK. They did an EKG (Echocardiogram)
right there. I mean, my blood pressure was 130 something over 90
something. They turned around they said, "We've got to get this woman
out of here." And she goes, "I haven't booked her yet or something. She
needs to be fingerprinted and booked." They are putting me on a stretcher
and this woman is saying that I need to be fingerprinted. She takes my
hand and rolls some black stuff on it, like this, and takes a piece of paper
and slams my hands on it and says; "Now you're fingerprinted." OK. And
I said -- the paramedic said, "Can I take her now?" "Wait. We have to
take a picture." She takes a thing with numbers on them. I mean, like
I've seen with the criminals, OK. And I said, listen to me, OK, are you
going to put me in the NCIC, which is the national crime computer. I
said, don't do this to me. My fingerprints are clean, OK. There has never
been a mug shot of me anywhere. I'm a lawyer. Don't you understand?
I'm going to have to explain this to the Florida Bar. She. didn't care if I
was dropping dead. She takes this number and puts it in front of me on
the stretcher and takes my photographs, and the Fire Department guy is
saying, " Lady, just let her do whatever the hell she wants. Let me get
185 April 27, 2000
you out of here. Just let me get you out of here." He puts me in the
ambulance and she's screaming something like, "D -block, D -block, D -
block." I didn't know what "D block" was. I thought it was like the death
block. And I'm saying, shit, I'm not dying. I don't want to go to D -block.
I mean, I'm saying not D -block. I didn't even know what it was. And
then she starts to get into the car and Officer Vansant looks at her and he
decides that he should get into the car, which I think was very good.
They get into the car and then they explain to me that D -block is a
detainee's block at Jackson. They call it Jackson. And .Jackson is full.
They take me to -- they take me to Mercy Hospital. I thought Officer
Vansant was going with me because he was being nice, OK. I didn't even
realize it, OK. Fine. I'm a lawyer. All right. I'm a lawyer. And you
know what, a gastroenterologist and a gynecologist are both doctors and
they both look through holes, but they are different holes, OK.. You can't
ask one to see (inaudible) sees the other. I'm not a criminal lawyer. I
have a law degree, but I don't have a -- I don't know what a criminal
lawyer is. Arrest. Then I said, what happens when I finish with the
hospital? And Officer Vansant says very nicely, "Ma'am, I've got to take
you over to the Dade County Jail." To jail? He was really pleasant. I'm
telling you. He was really nice. When I get to the -- he was looking at
me. I'm looking at him. They take me in. They start taking my clothes
off. He was nice enough to go outside. I guess he figured I wasn't going
to run away from the hospital. But he was nice enough to go outside.
They did an EKG (Echocardiogram) on me and I was having a tachycardia
attack, OK. My heart was beating out of my chest. I was crying and I'm
going to tell you something. I had never been involved in politics, but I
was never as grateful to see anyone as when I saw Xavier Suarez walk in.
He was the first familiar face that I had seen -- and Xavier said, "Grisel."
I said, please, Javier, please, please. My father is 85 years old. My
mother is 75 years old. I've always .been the pride of my family. I'm the
first person in my family to finish grammar school. I don't want my
father to see me on television being dragged and handcuffed like I'm some
drug dealer or some criminal. And he says, "Don't worry about it." I
said, please, don't let me -- I'm. in jail. Don't do this to me. Xavier -- and
then that gentleman sitting back there -- there is a gentleman standing
there. He comes in and he had two little gold things on his collar. And
he says, "Listen, if you sign this paper -- " it's a -- we'll call or
something. Will appear. Will you appear? Of course, I'll appear. I'm an
attorney. Of course, I'll appear. And he was very nice. And then another
gentleman walked on the .other side and said, "Don't worry about it. You
186 April 27, 2000
know, you won't have to go to jail after this. Just sign the paper." And I
did. I signed the paper. And my heartbeat was going -- listen to me.
When the paramedic got there, I was dehydrated, OK. They didn't let me
leave the hospital until they pumped two whole things of water like that
into me. And, you know, I grew up with ghetto kids, with black kids,
Dominicans, Puerto Rican, Cubans. We fought just like you guys are
fighting here now, OK. And this is not the way. This is not the way.
And I'm going to tell you something. When that lady took my handcuffs
off me, OK, my first instinct was what I know in New York, OK. I mean,
I wanted to rumble with her. I wanted to go on top of her and just -- but I
didn't. That was the difference between her and me. It's called restraint.
It's called...
(Applause)
Vice Chairman Gort: Grisel, come on.
Ms. Ybarra: I was no longer in the streets of New York, OK. I'm 46
years old. I'm an adult. I have a position. I'm supposed to act like that
and I didn't. I wasn't disrespectful to her. I wasn't mean to her. All I
said to Officer Vansant is, what is her name? Let me know her name.
OK. I was released from the hospital and my first words were, I
understand that not all cops are bad. - This is no reflection on the
department itself. It's. a reflection on .a few of the cops.
(Applause).
Ms. Ybarra: OK. I began to get phone calls from policemen who are
saying, "Listen, Ms. Ybarra, you know, help us." When I was sitting in
that cop car, I was wondering why, why had God let me be arrested, and
you know what? Now I realize. When. I see this, I realize why God made
me get arrested. Because, you know what? These people don't count.
Nobody cares about them. When a black kid gets arrested and gets beat
up, nobody cares about it. But, if you know what? If Martin Luther
King's kid gets arrested, then they care. So, maybe it took for me to get
arrested for this community -- because you know what? The Cubans are
here for me. They are not here for anybody else. Elian is gone. OK. But
now they have me. For some reason, all the energy that they had for Elian
has now been turned towards me in the sense that you could help us. This
is what I was arrested for. And .you know what? Thank God. Thank God
187 April 27, 2000
0 . 0
and thank your lucky stars that that mace didn't hit me because asthmatic,
as well as cardiac, OK. If I had had a heart attack, the City of Miami
would have worked the rest of its life for my daughter. And that -- there
was no need to mace me. There was no need. to arrest me. There was no
need to -
(Applause)
Ms. Ybarra: Wait, wait. Wait a minute. And I'm making one request. I
sat here and listened to all you guys plan something for 90 day, 180 days.
I want Officer Jennifer -- I think her name is Portal, Pastor -- I want her
off the street. The woman is a walking firecracker.
(Applause)
Ms. Ybarra: I thank you -- I thank you -- wait, wait, wait, wait. I thank
you for your time. I'm not asking you to fire the lady. All I'm saying is
to put her on a desk, because you know what? The lady is a walking loose
gun, and if we're having a demonstration on Saturday, and the police do
not restrain themselves, you cannot go against two hundred thousand
people and overcome them, unless you shoot them, and that can't happen.
Thank you. Thank you. Thank you very much.
Vice Chairman Gort: Thank you. Commissioner Regalado. Hold it.
(Applause)
Vice Chairman Gort: Hold it. Go ahead.
Mr. Donald Warshaw (City Manager): I'd like to say something, if I can,
Ms. Ybarra.
Vice Chairman Gort: All right. Mr. Manager.
Mr. Warshaw: I'd just like to say a couple of things and, obviously having
spent almost my whole career in the Police Department, I happen to know
the officer, and I know you understand where I'm coming from, being a
lawyer. So, the officer will get her due process and be investigated, and I
know you understand that. But one thing you said, assuming everything
you said, exactly the way you said it, is correct -- and I did watch the tape
188 April 27, 2000
and I know you read my comments in the newspaper. The part about it
being a Cuban thing, she happens to be a Cuban female officer. I know.
Let me finish.
(Outbursts from audience)
Mr. Warshaw: No, no, no. Let me finish. Let me finish. Let me finish.
Let me -- please, let me finish. Please, let me finish. What I'm saying is,
I fired a lot of police officers when I was the Police Chief and disciplined
others. If it happened as you said., it was a stupid thing, and aggressive
thing, and maybe an abusive thing, and it will be dealt with, and I know.
(Outbursts from audience.)
Mr. Warshaw: So, let me ask you a question. We all saw it on TV,
including myself, and I made some comments based upon what I saw. All
I'm saying to you -- and I know you know where I'm going with this.
She's going to go get somebody to represent her interest, I'm sure. She'll
be investigated.
Ms. Ybarra: That's her right.
Mr. Warshaw: And it will happen. But I want you to know, because I
watched the tape and I made some comments based on what I saw, and it
wasn't pretty, and I understand exactly where you are. The fact that she
happens to be a Cuban female and young --
Ms. Ybarra: I didn't say anything. I didn't say anything --
Mr. Warshaw: And a young -- listen to me.
Ms. Ybarra: I didn't mention her.
Mr. Warshaw: And a young, inexperienced officer does not excuse -- does
not excuse,
--
(Outbursts from audience)
Vice Chairman Gort: Why don't you listen?
189 April 27, 2000
Mr. Warshaw: Does not excuse bad behavior. I'm saying this in the spirit
of what's happened here tonight.
Ms. Ybarra: I understand.
Mr. Warshaw: That it makes no difference who she is, what she is, where
you are, who you are. If police abuse took place, I can tell you, the
Police Chief and I share the identical' feelings that it's going to be
appropriately dealt with. And I think you know me. You've watched me
for many years, all right.
Ms. Ybarra: No, I've never seen you. I live in Coral Gables. I never
watched any -- really, I've never seen you. The only thing is, listen to
me, OK. You have a very volatile community here.
Mr.. Warshaw: I understand.
Ms. Ybarra: And unless you take -- you bring out there trained
professionals to deal with the situations, you're going to have chaos all
the time: I heard Chief O'Brien say that we should mend the wounds, and
that it shouldn't be Cubans against the cops. It wasn't Cubans against the
cops. It was the cops against the Cubans, OK.
(Applause)
Ms. Ybarra: We -- let me tell you something.
Vice Chairman Gort: Hold it. Excuse me.
Ms. Ybarra: Let me tell you something.
I was at the Internal
Affairs
Office today, and they were very nice.
They were very cordial.
We said
that we were going to be there from 3
to 5
p.m., OK. This woman shows
up at 4:30, 4:45. There was no riot.
Why
do you need to bring
a bus to
intimidate everybody, to show us that
you
can arrest us? Why?
Why do
that?
Mr. Warshaw: And I'm not saying that you're wrong at all. All I'm saying
is -- and you said it yourself. This is a Police Department that, for years -
190 April 27, 2000
Vice Chairman Gort: Hello.
Mr. Warshaw: This is a Police Department that, for years, you know, has
had an embraced relationship with this community and has not been an
abusive department. And what I'm saying is, , we have some fences to
mend, no question, and as you, yourself said, if there are some bad police
officers, it doesn't mean the whole Police Department --
Ms. Ybarra: Oh, that was the first thing I said. And you guys know that
that was the first thing I said.
Mr. Warshaw: And I know you agree with me on that. I mean, I have
great affection for .so many of our cops who are dedicated, committed
professionals. Some of them are standing right here. Many of the people
in the audience know them. I mean, there are a couple of cops here --
Ms. Ybarra: Didn't I just go and shake their hands and thank them?
Mr. Warshaw: Like Freddie D'Agostino, who changed the way policing
takes place in Little Havana, and changed the whole cultural of the way
police interact with people. There are a lot of good people. But if we
made a mistake, and one of our cops made a mistake, you have my
commitment, for as long as I'm here; it is going to be dealt with
appropriately. I give you my word.
Ms. Ybarra: But you know something. Now thatI have brought to your
attention that maybe that cop made a mistake, then get her off the street
before she makes another one.
(Applause)
Vice Chairman Gort: Excuse me. Excuse me. Everybody is going to get a
chance to speak. Mr. Rodriguez. Mr. Rodriguez, you've been asking for -
- right after him, you'll get a chance to speak.
Mr. Jorge R. Rodriguez: My name is Jorge R. Rodriguez. I want to
speak in Spanish and somebody can.help me because for me easy would be
the -- easy the Spanish language.
Vice Chairman Gort: I'll tell you, from now on, with the exception, she --
191 April 27, 2000
you guys gave up a lot of times to let her speak. So, a lot of the speakers
in here gave her -- your time to her so. she can speak. Go ahead, Jorge.
Mr. Rodriguez. (Comment in Spanish).
Vice Chairman Gort: Speak slowly, please.
Mr. Rodriguez: There are a lot of officers over here
Commissioner Regalado: (Comments in Spanish).
Mr. Rodriguez: OK. (Comments translated by Assistant City Clerk,
Sylvia Lowman): There are many police officers here who, during these
fights, have worked with us and especially with me. There has. been
absolute cooperation from them. But we had demonstrations where there
were more than 60,000 people and there were not any incidents. This is
happened because they have acted incorrectly in the case of Elian. In the
case of Elian, there were negotiations that morning with the President.of
the United States since nine in the morning until two in the morning. It
was promised by the minister of justice that there would be no action
because it was all arranged for, and the fax that came to my office at 11
p.m., where the Gonzalez family, there was going to be meeting with Juan
Miguel Gonzalez in a certain place determined, where the best for the
child would take place. It's not the problem that he be in Cuba or here.
Whether he loves his father or not. His mother gave his life to bring him
to the country of freedom. The police officer that's intervened, the ones
who were cooperating with us before, why did they do that action now?
That does not --
(Outbursts from audience).
Mr. Rodriguez (Translated by Ms. Lowman): He said that he was in the
war; I was in the war also. How could that happen to a child? How could
you do that to the community?
(Applause).
Mr. Rodriguez (Translated by Ms. Lowman)
investigation correct, but...
192
I believe that the
April 27, 2000
(Applause)
Mr. Rodriguez (Translated by Ms. Lowman): Those officers (inaudible).
(Applause)
Mr.. Rodriguez: (Comments in Spanish)
(Outbursts from audience)
Vice Chairman Gort: Excuse me. Excuse me. Excuse me. I'm the one
that's going to conduct the meeting here. He has not given her a break to
translate. She will translate when she get a break, OK. Thank you very
much. I'm going to conduct this meeting here. Thank you. (Comments in
Spanish).
Mr. Rodriguez (Comments translated by Ms. Lowman): Chief O'Brien, I
feel that you have the right to make the investigation, but not official.
That was governed by -- that official -- participate, too, because it's in the
picture, OK? Some of it -- I saw over here. I don't know. He left
already. OK. But any way, this official that was participated in this
situation, you know who they are, OK. They need to leave the police
until the investigation is completed. It is not right for those people to
wear the uniform. There are many .policemen who are very honorable,
who I know, and they don't deserve that the others wear the police
uniform.
Vice Chairman Gort: Thank you. (Comments in Spanish)
Commissioner Sanchez: (Comments in Spanish)
(Applause)
Commissioner Sanchez: Listen.
Vice Chairman Gort: OK. Let me put the rules this time.
Commissioner Sanchez: It's two minutes. We've got to get order here.
Mr. Jose Garcia: My name is Jose Garcia. I am represent --
193 April 27, 2000
Vice Chairman Gort: Grisel -- wait a minute
wait a minute. Wait a minute.
Mr. Garcia: You (inaudible) over here.
Wait a minute, Jose. Jose,
Vice Chairman Gort: Wait a minute. Grisel -- wait a minute. Hey, you
guys, I want you to understand, I have the names here and you're going to
listen, but I want to make a statement. Grisel, Grisel, we gave you about
a half an hour because the people yielded the time to you,. so I want you to
please talk to them and make them understand, because we want to be fair
to everybody, OK. Go ahead. Make sure you explain it to them. Right
into the mike, please.
Note For The Record: At the direction of Vice Chairman Gort, Grisel
Ybarra addresses audience in Spanish
Vice Chairman Gort: OK. Thank you. From now on, two minutes. Go
ahead.
Mr. Jose Garcia: My name is Jose Garcia. I am representing this
(inaudible) for the Latin American (inaudible) Association. That's
concern about the health to the people. For 63 years, this publication, and
that's a real concerned organization. Got a member inside and outside and
we observe it. That question happen, which (inaudible) to the little kid.
What happened with the -- held to many kids in the street and City -- all
cities of Miami and outside in some place. I will consider it. It's a great
-- Mr. Chief Police -- Mr. O'Brien say on the paper, on television -- I saw,
he say he's only respond not to the Mayor. He only respond to the call of
the police, only, like in Germany. And I say today, here, my organization
got 63 years and real concern for the health to the people, and we not
keeping quiet, Mr. Mayor and Commissioner Teele, Commissioner
Regalado, Mayor Carollo, Mayor Gott and Mayor Joe Sanchez and the
other Mayor is Mr. Jimmy -- Johnny. I believe the case like this, my
organization no accept, no accept that -- we came today in front of all of
you, this investigation about the whole thing happen over here.
Vice Chairman Gort: Mr. Garcia, you have the same minutes.
Mr. Garcia: (Inaudible) that police on the Chief police and the second
194 April 27, 2000
and the third and the commander --
Vice Chairman Gort: Thank you. Thank you, sir. .Your time is up. Thank
you, sir. Your time is up.
Mr. Garcia: And the top, OK. That's it. Thank you.
(Applause)
Vice Chairman Gort: Thank you. Time is up.
Mr. Jeffrey Allen: All right. No. Let me -- mine is going to be quick.
My comment is going to be quick.
Mayor Carollo: Excuse me. Excuse me. This gentleman -- no. Sir, you
could take whatever time you want, OK. I think it's fair, if there is
another point of view, there were several people, too, that had a lot of
time. Take whatever time you want. We want to be fair here, so take
whatever time you need. If there is another opposing view, there -- the
opportunity for someone else to have more time, but after you and
someone else, that it should be limited to -- depending on how many 'that
want to talk, I would say anywhere from a minute to two minutes.
Vice Chairman Gort: We have -- let me tell y'all something.
Mr. Allen: Two minutes. All right.
Vice Chairman Gort: We have -- let me tell you something. I'd like for
you to speak because you -- I guess you have another position you want to
state here. But there are individuals that are lined up in here and they
signed, and from after you, I'm going to follow this list because it's not
fair.
Mr. Allen: Yes. Respectfully, ma'am, my name is Jeffrey Allen. I'm an
attorney here in Miami. Located at 44 West Flagler Street. I'm a life-
long resident of the City of Miami, of course, and I'll just start off with
this particular preference. Frankly speaking, this community needs to
come together. I'm telling you guys. I have too many friends throughout
the country that have been calling me over the last couple of days about
the charade that's taking place down here. Now, having said that, I'll get
195 April 27, 2000
0 .0
to the procedural issues that I want to address tonight because I, frankly,
don't know what the real issue here is tonight. It hasn't been couched or
framed. But I'd like to hopefully have this Commission to take under
advisement to override the Mayor's decision to fire the City Manager at
this juncture. I respectfully request that you exercise you're right, your
four-fifths right, pursuant to the City Charter to revisit that issue before
this action is taken. Secondly, with respect to Mr. Sanchez' resolution,
respectfully, I think the resolution, in itself, sounds good but it should not
address the Elian case. I think it should only particularly address the
issue with respect to police conduct. And, frankly, speaking -- I'm not an.
expert in that area, but if you want me to provide help with that, .I'll be
more than happy to do that. So -- pardon me? So, having said those two
issues, again, I.would just simply conclude by saying, look, guys -- and I
say this respectfully for everyone in this entire community -- we've got to
come together, guys. We cannot continue with these petty politics. And,
respectfully Mayor, I notice you made comments earlier tonight attacking
police officers. That looks bad, whether you like it not. I think we
should all embrace one another tonight, frankly speaking because we've
got to move forward. I mean, this is going to destroy our economy and,
frankly speaking, Cuban -American, African-Americans, and white, we've
all got to work together, OK. And let's do that, OK. Thank you.
(Applause)
Vice Chairman Gort: Thank you, sir. Next. Wait a minute. I'm sorry.
Jose Garcia already spoke. I have Rita Mallett. Yes, ma'am.
Unidentified Speaker: Mr. Chairman --
Vice Chairman Gort: I'm sorry, sir. I have them listed here.
Unidentified Speaker: I have signed on the list after Ms. Ybarra.
Vice Chairman Gort: I understand, but she signed before you did.
Unidentified Speaker: What about the list, the list there?
Vice Chairman Gort: Excuse me. Excuse me. Excuse me. I'm following
the list here, sir. Go ahead. Yes, ma'am.
Ms. Rita J. Mallett: Good evening. My name is Rita J. Mallett. I have
196 April 27, 2000
been a resident of Miami -Dade County for the last 34 years. I have been a
teacher for the County for the last 18 years, and I'm also a graduate of the
University of Miami School of Law. I have never found myself in a
situation where I have not been able to justify to my children or to my
students the behavior and actions of the government and that of the Miami
Police Department. I have never in my life seen such discrimination and
abuse so evidently expressed against a group, the Cuban -American people.
This is shameful. I understand that some citizens of our community were
properly arrested, but the majority of the Cuban -Americans arrested and
abused within the last few days was a demonstration of an abusive of
power on behalf of the Miami Police Department. I can explain to my
students the actions and the behaviors of a criminal, and they will
understand that. But I would like for this Commission to explain to me
how I can teach -- how I, as a teacher, am supposed to justify to. the
students the abuse of power, the criminal behavior and the brutality that
they observed the government and the Miami Police Department towards
our community? This, they cannot understand. I refuse to lie to my
students and to my children that the Clinton administration has done to us.
Such behavior, on the part of the Miami Police Department, cannot be
tolerated and cannot go unpunished. We cannot afford to send the wrong
message to our children and to our students. I demand an explanation,
followed by appropriate measures that need to be taken to remove all
those implicated in this matter. Thank you for your time.
(Applause)
Vice Chairman Gort: Thank you, ma'am. Marshal Dore Louis. I have a
list I have to follow. Are you Marshal?
Mr. Marshal Lewis: Yes, sir.
Vice Chairman Gort: OK.
Mr. Lewis: Marshall Dore Louis.
Vice Chairman Gort: Dore Louis, yes, sir.
Mr. Louis: 4411 Palm Lane, Miami, Florida, 3313
beginning of the crisis, which now engulfs our City,
country, what we people define as a democracy has
197
7. From the very
our. State, and our
been in question.
April 27, 2000
With lightening speed an image of words are transmitted throughout the
world for all to see or hear. The City has been made by all sides of this
controversy, which have been based on misinformation or pure emotion.
By no count does this represent the rule of law. It is ruled by the whims
of men and women too enraged by their emotions to take a moment and
consider their decisions. I am here .to plead that no decisions are based on
emotion. I am here to say this. Conduct investigations. Conduct
inquiries. Conduct whatever else you have to do. Base your decisions on
a report, which is thorough and conclusive. Do not act in an impromptu
manner. Democracy is a system based on thought and ability of the
representatives of the people to tame the rule of the mob, and not act
immediately at the image of a beaten man or scared little boy. Do your
duty as all of our representatives and use your minds, not your anger.
(Applause)
Vice Chairman Gort: Thank you, sir. Oscar Rodriguez. Oscar Rodriguez.
Oscar Rodriguez.
Commissioner Teele: Who's next?
Vice Chairman Gort: Alfredo Cepero.
Mr. Alfredo Cepero: My name is Alfredo Cepero, 12543 Southwest 79TH
Street. I am sure the Police Department of the City of Miami has many
good men and women. However, what I have seen in the last five days is
a Police Department out of control that abuse, provoke and disrespected
the Cuban -Americans of this community. And after 40 years of paying
taxes, serving in the armed forces of this country, and built this City, yes,
although some people may not like it. We have built this City. We
demand the same respect according any other American citizens of any
color or ancestry. Some people will say that a few bad apples are to
blame for this criminal and savage behavior. I say that police officers are
trained to follow orders and the blame must be. placed with top
commanders up to the Chief of Police, Mr. O'Brien.
(Applause).
Mr. Cepero: Therefore, what is needed is a full investigation of the
policies and procedures of this Police Department to prevent these abuses
198 April 27, 2000
from ever, ever taking place again. To make sure that the Chief of Police,
whoever he is, paid with our taxes, serve and protect the citizens of
Miami and the interest and not the interest of Bill Clinton, Janet Reno,
with tactics borrowed from Fidel Castro.
(Applause)
Vice Chairman Gort: Thank you, sir. Harry Evans.
Mr. Harry Evans: Good evening, Ladies and gentlemen. Rarely, I get
involved in politics because, at my youth, I was very much involved in
politics.
Vice Chairman Gort: You still look young.
Mr. Evans: I'm older than you are. Thank you very much anyhow. I
decided to come over here to the Commission chambers as a result of an
expression that Mr. Donald Warshaw expressed to the media. He regarded
all of us participated in one way or another as the mob. I felt that that
was an insult to our intelligence. So, I decided to come over here to
remind him that there is nothing more honorable that the politicians,
scrutiny of every activity in our community. There is nothing more
honorable than to be a politician. Because of the fact that that is how our
democracy works, they are the lifeblood of our democracy. In this
meeting, you folks have gathered all the elements to analyze and to make
the right decisions for the future of this City. The sign of what I saw on
TV and the expression of behavior of Police Department, which I have
always respected, are the beginning of a police state, and that really,
really gave me the feeling of being threatened, to the point that I don't
feel safe anymore. I want to compliment Mr. Teele. He is a hero.
Vice Chairman Gort: Mr. Evans. Mr. Evans, your time is up, please.
Wrap it up, please.
Mr. Evans: Just a moment, please. Mr. Teele is a hero.
Commissioner Teele: Don't stop him now.
Mr. Evans: He fought for -- he fought against communism and he should
recognize the signs of the beginning of a totalitarian state. So, I came
199 April 27, 2000
over here to support you folks, to tell you that we have to restore
confidence in the authority of the Mayor of the City of Miami and the
Commissioners of the City of Miami, and you guys have to do the right
thing. If not, in the next few years, far long, I'm gone. You will suffer
the consequences that I have suffered because we did not have enough
power to make the right decisions. OK. Thank you very much.
Vice Chairman Gort: Thank you, sir.
(Applause)
Vice Chairman Gort: Lillian Slater, it, looks here. Is there a Lillian Slater
here?
Ms. Lillian Slater: Here I am.
Vice Chairman Gort: Yes, ma'am.
Ms. Slater: Good afternoon. The Mayor, the Commissioners. All my
life I've been here --
Vice Chairman Gort: Your address, please, Ms. Slater.
Ms. Slater: Huh?
Vice Chairman Gort: Your address, please, ma'am.
Ms. Slater: Oh. 1640, Northwest 4TH Avenue, Town Park Village,
Overtown, in the ghettos, where nobody cares about Overtown.
Commissioner Sanchez: That's not true.
Ms. Slater: Commissioner Arthur Teele -- I'm not talking about him.
Commissioner Gort, you know I know. We've asked many things from
you. We've got just a few. But I just want to say this, that for all my life
I've been Overtown -- who was the first people come over here in Miami?
We black people. We built Miami. I want everybody to take a look. It
was first the blacks, and then come along the others. And we have had
the same treatment that all of you and I think that one is no better than the
other. So, this is what we have to realize. The same thing happen to me
200 April 27, .2000
is happening to you. So, we've got to get together.
(Applause)
Ms. Slater:. That's the most important thing, is to get .together. That's
right. And we're not going to let no one step in. We need our .police
officers. We won't have anything here. Everybody will be going crazy,
including myself. Because I'm right on the edge. Because we got no
business fighting and carrying on and burning up everything. Because it's
in y'all neighborhood. We did the same thing. But we didn't -- we did it
a little better because we know how to do it, OK. So, you take a look at
this black lady, so you better get things right. OK.
Vice Chairman Gort:
(Applause)
Vice Chairman Gort: Let me try to clarify something in here, and I want
you all to please try to pay attention. We still have some decisions to
make -- we have some serious decisions to make tonight. If we continue
to applaud and applaud, we're going to be here all night. We're not going
to be able to make a decision. So, we need to shorten this and, please,
hold your applauds so we can finish. Next speaker -- excuse me. I'm
saying everybody is going to get a chance to speak. You want us to make
a decision; we'll stay here all night. No problem. We won't make a
decision. That's up to you. Karen Cartwright.
Ms. Karen Cartwright: Good afternoon. My name is Karen Cartwright,
and I live at 1770 Northwest 5th Avenue. The first complaint I have this
afternoon is, everybody -- when my Commissioner was speaking,
everybody seemed to have a voice, and I didn't appreciate him being
disrespected, and that goes for everybody in this room. The next thing I
have to say is, when Ms. Reno is addressed, regardless to whether we like
her decision or not, she's still the Attorney General of the United States of
America. William Jefferson Clinton is still the President of the United
States, even if we don't like it.
(Outbursts from the audience).
Ms. Cartwright: We don't like it (inaudible)
201 April 27, 2000
Vice Chairman Gort: Excuse me. People respected -- excuse me. Do we
have a list; we're going to follow. OK.
Ms. Cartwright: It's still the president.
Vice Chairman Gort: OK. We have to respect other 's opinion. Go ahead.
Ms. Cartwright: Regardless if I'm an alien or not -- alien or not, I'm still
an American living in this country. Right now, this is the country that I
live in. The next question -- the next complaint I have, and this one is for
everybody. He is -- Chief William O'Brien is the Chief of Police of the
City of Miami. You may not agree with his decision, bu't his decision,
when he got the call to go in there and aid the removal of that child,
whether we like it or not, as a parent, I wouldn't want my child hurt. I
wouldn't want my child hurt. As a parent, I appreciate what he did with
Chief Brooks, because it could have been a blood bath, and we wouldn't
have liked it. As a parent -- as a parent, I say thank you to your officers.
To the ones that misbehave, I don't appreciate it. But for the ones that
did their job, I say thank you because if you weren't there, I would have a
problem. Because I have children on the street and I wouldn't want them
hurt. Thank you.
Vice Chairman Gort: Excuse me.
[Outbursts from the audience]
Vice Chairman Gort: People, let me tell you. Excuse me. Excuse me.
You know, everybody has the right to express their -- the reason we're
here in the Unitied States, because we left a communist country where you
cannot speak. In the forum here, everybody can speak and you've got to
learn to respect each other's opini.on. You might not agree with their
opinion, but that's why we fought and that's why we're here.
(Applause)
Vice Chairman Govt: You might not agree with that opinion, but you have
to respect everybody's opinion. Thank you. Next speaker is Elsie
Hubbard. I don't see her. Elsie.
202 April 27, 2000
Ms. Elsie Hubbard: My name is Elsie Hubbard and I live at 1610
Northwest 4th Avenue, apartment 14C. I've been a resident for Miami,
Florida for 50 years. I've been a regular landmark, in the Police
Department. I go down there and I fight for your rights, my rights. We
all have problems with the Police Department, but I don't judge them all
by what one do. We had an incident the other week where a blonde beat a
little boy for practicing football at Booker T., but we didn't come down
here and ask you to get rid of the City Manager or the Chief. You know,
those two guys have a great responsibility and, to me, they did more in my
neighborhood than any of these Commissioners. I come out here; I asked
this Commission for something, they ignore me. You know, but I go
down to that Police Department, you know, the whole staff is just
beautiful. We hadn't got a toy from out here or nothing. But you know,
we have a complaintment (sic) office down there. They do look into
complaints. So, you know, I don't think City Manager could be
discharged. .I don't put this against what happened out here. We have a.
lot of problems with police officers, and I love Cubans just like they -- we
all as one, you know what I mean? But let's be fair. You don't want the
City Manager Warshaw because he's -- you don't -- we want to be fair by
all the peoples. You know, the peoples is out for votes now, and you're
going to vote any way you want to anyway, so, you know, I don't think --
I think you all should give the police an opportunity to express their
opinion to these peoples and stop them from standing up there like they
don't have no authority because when they get back on the street, no one
ain't going to respect them. So, I needs them. Y'all -- I want you all to
have your march, but do it with respect.
Vice Chairman Gort: Ms. Hubbard, time is over.
Ms. Hubbard: You know. I would get out there and march with you, but
let's keep law in order. Let's give our police officers respect. Thank you
all.
Vice Chairman Gort: Thank you.
(Applause)
Vice Chairman Gort: Alfred Sklar.
Mr. Alfred Sklar: Good evening, my name is Alfred Sklar. I reside at
203 April 27, 2000
1889 South Bayshore Drive. I have been a resident of Miami since 1960,
a citizen all my life. I was present at 8th Street, right after having lunch,
and saw what I could not title under any other name but a case of absolute
brutality. Dear friends of mine, without warning, were beaten. To my
great regret, I have been in several other countries, where I have
witnessed demonstrations, where I have witnessed police control of so -
called demonstrators. At all times there was a warning issued so that
people who wanted to respect the law and wanted to abide by the law
would have the opportunity to do so. What I saw on Saturday, on 8TH
Street, right after lunch, was no warning, and there was an assault by
police. I differentiate between a demonstrator and an instigator. I -- what
I saw on Saturday was a police force that was instigating violence. When
you call a mob a mob, please recognize that when there are mob actions
and there are riots, you generally see broken windows, you generally see
lewding, you see all sorts of disrespect and disregard for the law. This
was not evident on Saturday afternoon on 8TH Street. You had a very
respectful crowd. When a patrol car asked people to get out of the street,
they immediately did so. I am here as within of that. People that were
beaten on Saturday afternoon, were beaten on sidewalks, were beaten on
private property. All right. And this is not correct. This is the United
States of America. . A citizen has a right to freedom and to the pursuit of
happiness in this country.
Commissioner Sanchez: Sir, what was that location?
Mr. Sklar: All right. I call that short.
Commissioner Sanchez: No. What was that location?
Mr. Sklar: The location was on the corner of 35TH Avenue—
Commissioner Sanchez: Versailles?
Mr. Sklar: Versailles.
Vice Chairman Gort: Thank you, sir.
(Applause)
Vice Chairman Gort: Come on. Please. Seems like Jeffrey Allen. Jeffrey
204 April 27, 2000
Allen. George Armenteros.
Mr. George Armenteros: Armenteros.
Vice Chairman Gort: Armenteros. I'm sorry. Go ahead, sir.
Mr. Armenteros: My name is George Armenteros with the Americans
Rights Union. I'm here to ask of this --
Vice Chairman Gort: Your address, please, sir?
Mr. Armenteros: Excuse me?
Vice Chairman Gort: Your address, please.
Mr. Armenteros: 42 Fernasha (phonetic) in Coral Gables.
Vice Chairman Gort: Go ahead.
Mr. Armenteros: I'm here to ask of this board, Police Chief O'Brien, and
City Manager Warshaw be dismissed immediately. As per the brutal
actions taken by the Miami Police Department against the citizens, which
began on 4-22-2000, and has not ceased. The citizens of Miami have the
same constitutional rights to manifest their point of view on any subject
as any other group of law-abiding citizens. In this instance, the Cuban
exile community, of which, for the last 41 years, has shown civility. And
patience in the face of betrayal has now reacted with riotous indignation
to the hostile and illegal fashion in which the Department of Justice,
along with the Miami Police Department of these United States, decided
to abduct the child named Elian from a loving caring family to Cuba's
anti-human rights dictator Fidel Castro. Miami Police Chief O'Brien and
City Manager Warshaw are the persons who should be held responsible for
brutal actions taken by the City of Miami's police force. Through our
taxes, we pay Police Chief O'Brien, his police force, and the body that I
am addressing. , There is a vast difference between the ideals of to protect
and serve and devour and concur. Attention committee -- Commis.sioners;
all, and I will repeat all, citizens of this United States have equal
protection of the law, whether the person is of Cuban descent or other
wise. We citizens will not -- excuse me -- will not cease to demonstrate
and protest within the boundaries of the Constitution or the Bill of Rights
205 April 27, 2000
of the United States. Our opinion -=
Vice Chairman Gort: Mr. Armenteros, your time is up, sir.
Mr. Armenteros: Could I please --
Vice Chairman Gort: Will you wrap it up, please? Yes, sir.
Mr. Armenteros: Ten seconds please? Our opinion is that we seek of this
forum to dismiss Police Chief O'Brien and City Manager Warshaw of their
responsibilities to the City of Miami, and a more responsible Police Chief
should be given the opportunity to reestablish a Police Department that
will adhere to the premise of protect and serve. I would like the
Commissioners to be --
Vice Chairman Gort: Thank you, sir. Ten seconds are up. I mean, you
know -- look at all those speakers we have. We have decisions to be
made.
Mr. Armenteros: Two seconds please. Please. This is it. This is it.
Please.
Vice Chairman Gort: If everyone gets ten seconds, there are a lot of
people that want to speak and we want to make decisions. Two seconds.
That's it.
Mr. Armenteros: Five seconds please. Please. Thank you. Pass out
(inaudible) copy of the Bill of Rights to point out the rights raped by the
persons in question. Thank you.
(Applause)
Vice Chairman Gort: Thank you.
Unidentified Speaker: Commissioner Gort, can I have one minute, please.
Vice Chairman Gort: Andres Gomez -Mena. I'm sorry, sir. I try to follow
the list.
Unidentified Speaker: You must have skipped my name. I've been
206 April 27, 2000
•
standing here for about half an hour
Give me one minute.
•
You know I've been standing here.
Vice Chairman Gort: I know you have. Andres Gomez -Mena?
Mr. Andres Gomez -Mena: Yes, I am.
Unidentified Speaker: You'll give me one minute?
Mr. Gomez -Mena: Yes.
Vice Chairman Gort: Sir, I have to go by the list. Go ahead, sir.
Mr. Andres Gomez -Mena: My name is Andres Gomez -Mena.
Vice Chairman Gort: Did you sign up? I'm sorry. Go ahead.
Mr. Gomez -Mena: My residence is 3560 Vista Court. One of your -- in
your area, Mr. Winton. And I would like to ask many O'Brien why a
police officer, in front of Versailles, without warning to a young kid,
probably fifteen years old, who was sitting on top of his car, with his legs
hanging through the sunroof, his back to the police officer, got himself
whipped by the police officer, dragged to the floor, and when I bring to
the attention of that police officer that that kid has done nothing, that
there is nothing here for him to cause this trouble, five of your men
grabbed me, beat me, and after I was shackled, pepper sprayed me, and
I'm after and I have 25 witnesses to that. And, particularly, pepper spray
me straight into my ear. Now, you have. written on your police cars
professional law enforcement. Gentlemen, for the first thing you should
do is to take that slogan away.
(Applause)
Vice Chairman Gort: Gentlemen, come on. Hello.
Mr. Gomez -Mena: Third, -- second. We have not heard yet -- we have
this demonstration where maybe two hundred or three hundred thousand
people are going to be in. It appears .that you're going to be in charge. It
appears that nothing is being done about the rules that were given at that
moment, because you don't want to discuss it. You don't even want to
207 April 27, 2000
discuss how many canisters of bombs you threw at us.
Vice Chairman Gort: Mr. Gomez -Mena, your time is up.
Mr. Gomez -Mena: Or any rules -- I would like the Chief O'Brien --
Vice Chairman Gort: Mr. Gomez -Mena.
Mr. Gomez -Mena: -- to put in what rules to the Commission is going to
do to protect the citizens on Saturday?
Vice Chairman Gort: Mr. Gomez -Mena.
(Applause)
Vice Chairman Gort: Let me tell you — let me say something. The reason
this Commission's here, Mr. Gomez -Mena, because we're going to make a
decision, but before we want to make the decision, we wanted to give you
all the right to speak. As soon as you guys finish speaking and everybody
express themselves and they have the opportunity, we, ourselves, will
make a decision. Thank you.
Commissioner Sanchez: But, Mr. Chair, let's make it very — it's the
action of a few that taint the reputation of all, and that we cannot allow.
We have good officers that are in this department. You know, we cannot
say that every cop is a bad cop.
(Applause)
Mr. Gomez -Mena: Mr. Commissioner, I do not dispute it. If you allow
me one second.
Vice Chairman Gort: Excuse me.
Mr. Gomez -Mena: I do not dispute that at all.
Vice Chairman Gort: Excuse me. Let's continue.
Mr. Gomez -Mena: OK. All right. I just want to protect the two hundred
thousand people on Saturday.
208 April 27, 2000
•
0
Vice Chairman Gort: The police officers will get a chance to speak also.
Gonzalo Barr.
Mr. Gonzalo Barr: Good evening. My name is Gonzalo Barr. Thank you
for giving me the opportunity to speak. I live at 905 Brickell Bay Drive.
And I vote in Mr. Winton's district. I'm very concerned about the way
the raid was handled. I'm especially concerned about the flamboyant
appearance and participation of our police force in that raid. There were
many ways to have conducted that raid, and I'm certainly no expert. I
could come up with a few. There are many ways to have conducted that
raid without such a visible presence. It was a slap in this community's
face. Second, I'm very concerned that the fact that there seems to be no
communication between the gentleman and the police force and the
Commission. I mean, do I have it wrong? But you are our elected
officials. You are supposed to answer to them, not them to you. Maybe I
misunderstand something here. Third, I think it's a very dangerous
situation that we have with the way the demonstrations have been
handled, and I hope you gentlemen do something about it, that you
conduct an investigation that is thorough and that is public, because if we
don't, it's going to happen again. We need a police force that — I'll be
the first to agree with Commissioner Sanchez. Ninety-nine percent is
excellent, I mean, and we're proud of it, but the few that are not good
need to be called to task. And I call for you to do a thorough and public
investigation, please. Thank you.
Vice Chairman Gort: Thank you, sir. Next speaker, Commission Manuel
Duarso.
Unidentified Speaker: Commissioner, let me ask you. I want to see if my
name is on that list because I was the sixty — the sixth...
Vice Chairman Gort: They have a copy over there. Why don't you check
the copy? Manuel Duasso.
Unidentified Speaker: Let me check the copy, because I was the sixty
people the first time to speak.
Vice Chairman . Gort: Commissioner Duasso. OK. He waives his right.
Arturo Perez-Heredia. OK. We're going to the second list now. Richard
209 April 27, 2000
•
Friedman.
0
Mr. Richard Friedman: Good evening. Richard Friedman, 9655 South
Dixie Highway. Without law enforcement, there is no law, and without -
order there is no society or civilization. We need the City of Miami
Police Department to protect and serve the people of the City of Miami.
What you, as Commissioners, are doing tonight is opening an abyss. The
consequences of which, I don't think you fully realize. If a hundred, two
hundred or three hundred thousand people show up at a celebration or
whatever you want to call the meeting that takes place on Saturday, who
do you think is going to protect the property and the lives of the people
who are out on the street? The men and women in blue and in plain-
clothes are going to protect you tonight and tomorrow morning and on
Saturday, and you may want to investigate. We have due process. We.
have administrative procedures who go after police officers that do
wrong. We have the State Attorney's Office. We have private attorneys
that sue the City of Miami Police Department all the time, and get money
from you, from your self-insurance fund. All these things can take place t
go after bad cops. The ninety-nine percent are good ones, those are the
ones you want to make sure, who are supporting us on the streets of
Miami, and to castigate and attack your Police Chief for doing the right
thing by his badge is a mistake. Now, it's a shame to the people of Dade
County, the two plus million people of Dade County, that the eighteen
percent that live in the City of Miami — and you are the governmental
body — that we are, quite often, tarred with the brush of the Banana
Republic. This is wrong, and it's your decisions that cause this kind of
pejorative words that attack two plus million people. You have got to be
prudent in your approach. You want to fire the City Manager for doing
what? You should reverse that decision now. Now is not the time to
create chaos. You are creating chaos in your own city. Now is not the
time. Now is the time for order. Now is the time for civility. Now is the
time to have a city that's come together. You don't fire your city
manager at a time when you have two hundred thousand people that are
going to meet, when you need the police force to protect you.
Vice Chairman Gort: Mr. Friedman, your time is up, and I can assure
you...
Mr. Friedman: You should honor your Police Chief. You should honor
your police force, and honor your City Manager at this time. And when
210 April 27, 2000
reason and order are there; then take action. Thank you.
Vice Chairman Gort: Mr. Friedman, your time is up,. and we will take
action, believe me.
[OUTBURSTS FROM AUDIENCE]
Vice Chairman Gort: Excuse me. Reverend Mario De Jesus
Mayor Carollo: Commissioner Gort, there is one statement that I have to
respond to, and I ask your indulgence in that. You know, first of all,
Richard Friedman has a right to his freedom of expression. I think it's
fair to point out that he is a resident, not of the City of Miami, but of
Dade County. He has that right to still come to a City Commission
meeting, but I'd like for you to know, Mr. Friedman, that we don't grow
any bananas in the City of Miami.
(Applause)
Mayor Carollo: And that is the racist statement — a very racist statement,
and I am tired of individuals trying to use that statement, trying to hide.
bananas that are not grown here, to take a shot at a particular ethnic group
in Miami, or more than one at times.
(Applause)
Vice Chairman Gort: All right. Reverend Mario De Jesus.
Reverend Mario De Jesus: Good evening. My name is Mario Jesus De
Travieso. I live at 1738 Southwest 24TH Terrace. I've been here most of
the day listening to what's going on. I don't know whether I should be
proud of what I see or whether I should be angry of what I see. I think
that you all should be number one, congratulated, for many reasons.
Congratulated because we happen to have a Commission that has a
representative from every single individual in our City of Miami. Every
race and every color. Now, the picture that the world has seen of us is the
picture that have been created, created, by the federal government, not by
our city. Our Chief here might be responsible for a lot of things. Our
County Manager might be responsible for a lot of things. But we should
all look at ourselves. I think that the worst crime that has been committed
211 April 27, 2000
is for the federal government to come to our city on a holy day and to
snatch somebody, regardless of color, race or nationality,, out of their
home, at gun -point, kidnapping and taken to Washington. In three
minutes, they almost destroyed our city, and here we are today...
(Applause)
Mr. De Jesus: Here we are today trying to put our business together.
Blacks, white, Anglos, Chinese, I don't care. Miamians. Let's forget
about everything else. We're all Miamians.
(Applause)
Mr. De Jesus: Now, you have to be (inaudible) and I know -- believe, Mr.
Gort, I'll be out here in two seconds. We have to be first when it comes
to your judgment, gentlemen, in the position of the City Manager and an
officer of the law, when the federal government put pressure on them,
think about you being on their position and their shoes and see how you
will react. Please, by God, by all means, think about it very thoroughly
before you make a decision. I hope it's the right one. Thank you.
Vice Chairman Gort: Thank you, sir.
(Applause)
Vice Chairman Gort: Rick Diaz. Rick Diaz. Rick Diaz. Armando
Pomar.
Mr. Armando Pomar: Distinguished gentlemen of the Commission. I
have had the honor to serve under four different Chief of Police. Chief
Dixon, Chief Anderson, under you, Warshaw, and Raul Martinez, who
have been my Chief in commanding of Community Relations, and I have
one of the first to start at the Community Relations Program the program.
I have had — gone through the riots in the 80s; the Mariel Boatlift, and I
feel ashamed in the position that I have been put in now. The people that
I put my trust, put the city in the press and defended had been telling me,
"You have been betrayed by the actions of this police administration."
Now, I'm going to talk. As LULAC is state director of Florida, LULAC is
the oldest Hispanic organization. They are not Cubans. They were born
in 1929 and we have over two hundred thousand members, and we do not
212 April 27, 2000
condone this type of action, and we are going to be asking the Justice
Department, Civil Rights Division to look into this situation.
(Applause)
Vice Chairman Gort: OK. Heledoro Rodriguez.
Mr. Heledoro Rodriguez: (Comments in Spanish).
Vice Chairman Gort: (Comments in Spanish).
Mr. Heledoro Rodriguez: (Comments translated by Assistant City Clerk,
Sylvia Lowman): I have a business on 8th Street for 25 years. I want to
say to everyone that is here that we Cubans are not racist.
(Applause)
Mr. Heledoro Rodriguez: (Comments translated by Assistant City Clerk,
Sylvia Lowman): In our country Cuba the black people eat in our tables,
and we treat them like our people, like a son, like a mother, like a sister.
I don't know what happened in Miami with the black people to us. We are
Cuban people. The Cubans help everybody. We help the Nicaraguans.
We help the Salvadorians. We help everybody because we have a good
heart. Why? Why? You people that want to (inaudible) you have to
defend us. No hitting us like you did it, and especially the Chief of
Police. The last time that I was here, you say, when he asking you, you
say, "I did it and I did it again if I have to." The other day, on the TV,
you say you have to use the things that I know — the name of that thing
that you put on the people. You say you have to do it because this is the
best way to contain the people. We are honest people. We are working
people, OK. We have — we make this Miami. When I come here — I'm 40
years in this country. When I come here, it's nothing here in Miami. We
build Miami with all Hispanics coming here. Why the people — especial
the black people — are against us? We never against the black people.
[OUTBURSTS FROM THE AUDIENCE]
Mr. Rodriguez: OK. We never...
Vice Chairman Gort: Excuse me. Hold it. Hold it.
213 April 27, 2000
•
C
Mr. Rodriguez: We never do nothing with the black people. Why...
Vice Chairman Gort: Hold it.
Mr. Rodriguez: Why you think that we are bad people? OK. I'm asking
for the Commissioner
Vice Chairman Gort: Mr. Rodriguez...
Mr. Heledoro Rodriguez: (Comments not translated)
Vice Chairman Gort: Mr. Rodriguez, your time is .up. Thank you. Will
you translate?
(Applause)
Vice Chairman Gort: Reverend James Phillips. Reverend James Phillips.
Go ahead.
Note For The Record: The following comments are the comments of Mr.
Heledoro Rodriguez, translated by Assistant City Clerk, Sylvia Lowman:
Ms. Sylvia Lowman (Assistant City Clerk): "Want to ask for the
resignation of the Chief of Police because this isn't the first time that he
has done something like this, and he'll do it again." I didn't remember
that.
Vice Chairman Gort: By the way, if any one of you can do a better
translation, you're welcomed to come up here and do it. We are not
allowed translate because our Law Department will not allow, but if any
of you feel you can do it better, I'll appreciate it, and I'm sure she will
appreciate it if you would come and do it, OK? Reverend Phillips. OK.
John Simpson. Helena Del Monte. Next is Eladio Armesto, so he can be
coming up so...
Ms. Helena Del Monte: My name is Helena Del Monte, 3680 Southwest
181h Terrace. I've been a proud citizen of the City of Miami for the past
40 years, and I'm not going to be repetitious of many things that have
been said today. The first thing I want to say is, from the bottom of my
214 April 27, 2000
heart, I want to thank every good, well -intended police officer that have
helped us through this crisis, and I want to thank the Commission. These.
are very, very bad days. But I also have to say something, and that is
strictly directed to Chief O'Brien. Chief, I'm sure that you've done
many, many good actions for this city, and that you've given us many fine
hours that we are going to be very proud of, but, unfortunately, in
people's life, sometimes the darker hour is the one that is remembered,
and I think that you have given, sir, many dark hours to remember. One
of the points that I would like to make to you is that the day of the seize,
I can even understand the fact that INS (Immigration and Naturalization
Services), a higher power, asked you not to reveal what was going to
happen. But how irresponsible and almost criminal of you not to release
medical' equipment, simultaneously, at the same time that that raid was
going on. If INS suspected arms to be in that home, there could have
been a lot bad injured people. And I am sorry, sir. And another thing.
You can be called anything but a liar, because you stood January there
and you told the Commission that, if you had to do that, whatever was
happening in the first demonstrations over, you would do it exactly the
same way, and you did it exactly the same way. Thank you very much for
your time.
(Applause)
Vice Chairman Gort: Thank you. Eladio Armesto.
Mr. Eladio Armesto: Commissioner Gort, I'd like to bring to your
attention that I'm also speaking on the time ceded to me by Oscar
Rodriguez, number four on the list.
Vice Chairman. Gort: OK, sir. You have four minutes.
Mr. Armesto: Eladio Jose Armesto, 850 North Miami Avenue, Miami,
Florida. Honorable Commissioners, dear people, as a member of the Ad
Hoc Committee to investigate police misconduct during the Elian
Gonzalez demonstrations of January 6th, 7th, and .8th, I am duty-bound to
inform this Commission what I have observed in the past few days in
Miami. During this time I have personally witnessed Miami Police
officers violently attack and injure our fellow citizens for no other reason
than for exercising their constitutional rights of freedom of speech and
freedom of peaceful assembly. I have seen Miami officers use illegal
215 April 27, 2000
choke holds; illegally arrest peaceful citizens on sidewalks and parking
lots; use profanity and vulgarity, characteristic of criminals and
unbecoming of peace officers; insult and provike .our fellow citizens and,
unabashedly inciting crowds to riot. Ladies and gentlemen, the City of
Miami Police Department is in chaos. Its Chief has lost control -of his
troops, and is incapable of continuing to lead them. If he, in any way,
ordered or allowed the disgraceful conduct displayed by too many of his
troops, the Chief should resign for violating the rights of so many of our
fellow citizens.
(Applause)
Vice Chairman Gort: People.
Mr. Armesto: If the disgraceful conduct occurred against his orders, the
Chief should resign for not keeping his troops under control.
(Applause)
Vice Chairman Gort: Hold it a minute. Look, I appreciate applause but
we have to make a decision. We can't make a decision and to allow all
the people on the list to speak. We keep applauding, we're going to be
here all night and we're not going to be able to make a decision, and we
need to make a decision tonight. So, I appreciate it if you hold_ your
applause, please. Thank you. Go ahead, sir.
Mr. Armesto: The same can be said of the City Manager. If he authorized
the brutality we have witnessed in our streets, on Chief O'Brien's watch,
the Manager should resign for acting in contempt of the Constitution and
of our laws. If Chief O'Brien went against the Manager's orders, the
Manager should, nevertheless, resign for being unable to effectively
manage and lead his subordinates. Miami needs and the people
respectfully request of this Commission a full house cleaning of the
Police Department; a reorganization which will weed out the corrupt and
lawless elements and will bring new police leadership, leadership that will
understand that the department's mission is to serve and to protect, not to
attack and to oppress. The violent government raid against little Elian's
house on Holy Saturday was a painful reminder that respect for the law is
viciously undermined by disrespect for the law on the part of those sworn
to uphold it. The men and women in uniform of the Miami Police
216 April 27, 2000
Department, those who serve with distinction need effective leaders to
lead them. Today these decent law abiding police officers stand
demoralized by the disgraceful things they have witnessed within the
department in the last few months. What the Miami Police Deparment
urgently needs is a City Commission SWAT team to go in and rescue the
police department's honor. This is accomplished only with a full house
cleaning. Thank you and God bless Miami.
Vice Chairman Gort: Thank you, sir. Please. Henry Cuik. Is that
correct?
Mr. Henry Cuik: Yes, sir. Ladies and gentlemen, good evening. Henry
Cuik, 5803 Southwest 3rd Street. They say a picture is worth a thousand
words. I have twelve thousand words right here. This is an 18 -year-old
boy that got badly beat up just because he was walking back to his car.
This boy weighs 150 pounds. And, please, I would like for you to pass
those pictures. His friend has to do surgery tomorrow bec.ause they broke
his arm and they busted his head open. This is the mother right here. She
cannot speak English. That boy weighs 150 pounds, and he got badly,
badly beat up. There is no — I mean, can you please explain to us how can
that be? How can a 50 -pound boy get beat up like that? Explain that to
us.
Vice Chairman Gort: Go ahead, sir, finish your statement. At the end,
the police...
Mr. Cuik: I have nothing else to say. Thank you.
Vice Chairman Gort: Thank you, sir.
(Applause)
Vice Chairman Gort: Brian Dennis. Brian Dennis. Dennis Brian.
Mr. Brian Dennis: I'm Brian Dennis. Address 4055 Northwest 17th
Avenue, and I want to be quick and brief. The members of the exile
community, you should think about this, really think about this here,
really think about this, and I'm going to ask you not to interrupt me. You
could boo me when I finish, but think about this here. A federal order
was issued, nine days before the raid took place, to give up Elian
217 April 27, 2000
Gonzalez. The Mayor of Miami. and the Mayor ofi Metro -Dade County
took an oath of office to uphold the laws of the United States of America.
They stood in front of Elian Gonzalez home knowing full well that they
took an oath of office to uphold the laws of the land. Instead, they chose
to stand in the front of several news cameras and say that they would not
support any type of federal activity. Til 2 o'clock, Thursday afternoon,
when Madam Janet Reno, the U.S. Attorney General, lift Dade County.
Had she snatched that child that day, we would have had a bigger problem
than what we had this past Saturday, a bigger problem. Now, mind you,
with the elections coming up in November, Mayor Penelas is jocking you
for votes. Mind you, after the Commission tried to get a special vote to
be held just last March, two months ago, nobody seen Mayor Carollo. All
of a sudden, everybody is standing there — those two individuals are
standing there saying that "We're not going to do anything." Now, you
imagine this. Imagine if I'm your mayor — and, in the black community,
this how we play. If I'm your mayor and you going to stand out there and
say you support me and, then, the next day, you say something else, you a
coward. We don't support you no more. This is how we play. But,
instead, what they did, after they told that they was cowards, most of
those individuals was young Hispanic males. They were young. And
what they did not have were guidance from leadership, from the Mayor of
Miami, or the Mayor of Dade County because that is an ethics violation,
when you stand up and take an oath of office to uphold the laws of the
United States of America. What did, in turn, happen, after they snatched
Elian Gonzalez, those pictures that the gentlemen just showed; the lawyer
got dragged down the street, and they are planning on y' all the most, who
black people fight all the time for something that's passionate, and I
support your passion for Elian Gonzalez, but, please, do not let the Mayor
of Metro -Dade County and the Mayor of Miami play on your intelligence,
trying to get elected in November. Thank you.
Vice Chairman Gort: Charles Smith.
Mr. Charles Smith: My name is Charles Smith. I live at 2965 Day
Avenue.
Commissioner Teele: Can't hear you.
Vice Chairman Gort: Speak into the mike.
218 April 27, 2000
Mr. Smith: Charles Smith, 2965 Day Avenue. To be quite honest with
you, a lot of people — you guys have been here all day today; the media
has been here all day today; I've been here all day today, and I find it
kind of offending that the. Mayor cannot sit down here for a few hours and
listen to the citizens of Miami. I hada few points. He showed today that
the Charter of Miami is a very powerful document, and there's also some
other stuff in there, but he's not — I don't want to talk about him- when
he's not here. But just because the. Mayor said that we need to fire Chief
of Police and gets everybody all stirred up, but doesn't sit here and listen
to it — until you've walked a day in these shoes and know what it's like —
or a day in his shoes to know what it's like on the streets of Miami, then
there's no way you can possibly know what's going through that officer's
mind, that officer's mind, that officer's mind. The Mayor, by what he
did, endangered citizens' lives, police officers' lives, and firefighters'
lives, and I just can't understand how he can be so reckless and not be
here — to sit here and listen and see what people have to say. And that's
all I have to say.
(Applause)
Vice Chairman Gort: Thank you, sir. Hold it. Teresa Benitez.
Ms. Teresa Benitez: Teresa Benitez, and it's 11440 Southwest 40rn
Terrace. I don't have anything written down, and this is coming from my
heart, OK? It insults my intelligence and a lot of people's intelligence
when Chief O'Brien comes out in the news and says, "I did not want to
put my men's lives on the line." Well, sir, the taxpayers paid them.
They're trained to be their life on the line, not me,. which I was there.
You put my life in the line, OK? And I was there and I was thrown and
pushed because I was in front of the house praying. I had no weapon. I
had a little bag full of crackers, OK. So, when you see it in the news and
you see that blonde girl with a little bag ,in her hands, she didn't have a
gun. She did not have a weapon, OK. I was praying in front of that
house. So, you put my life and all those people's lives in the line, OK,
not the police officers that we pay them, OK. Another thing. I would like
to say, for the black community, I hope that they are. not afraid, OK, of
the Chief and Manager leaving their position and for a Latin — I don't
know who's going to come in place. I really don't care what color skin
they have or what race they are or what religion. I just hope that they do
a better job than what these gentlemen — if you want to call them
219 April 27, 2000
gentlemen - have done, OK. I have not been able to sleep since Saturday,
OK, and under a nervous breakdown, OK, practically. And I would like to
let them know they're not to be afraid of who's going to come, OK,
because we do need to stick together, OK. And another thing, my family
is — there's police officers in my family, very close, and they cannot come
inside that house with their uniforms, thanks to you guys. Thank you.
(Applause)
Mr. Walter Foeman (City Clerk): He's already spoken. He signed up
twice. Lenia Fernandez.
Commissioner Teele: All right. Lenia Fernandez, followed by Carlos
Brito; followed by Blanca Rojas, followed by Karla Martinez. All right.
Fernandez, Brito, Rojas, Martinez, please, in that order.
Ms. Blanca Rojas: (Comments in Spanish) is Blanca Rojas.
Commissioner Teele: All right. We're going to let you translate. Go
right ahead, ma'am.
Ms. Rojas (Translated by Assistant City Clerk, Sylvia Lowman): Good
evening. My name is Blanca Rojas. I live at 9351 Fontainebleau
Boulevard, Miami. Last Saturday I felt very sad and bad because of the
brutal assault. I lived — I spent a lot of time in the house with the little
boy and lived through the tragedy that was going on. Let — that Saturday
I was very decently, like the good citizen that I am, demonstrating that I
was in pain and I was angry about what had happened, and I did not
imagine that I was going to be a victim of the Police of Miami. I am a
woman that is a victim of the assassin Castro. All my family was
military, descendents from the Mambese (Phonetic), and I never thought
that I was going to be afraid of this police, having lived in a military
situation. I come to tell you about the atrocity that was committed against-
me,
gainstme, demonstrating peacefully on the streets, I was sprayed with gas in my
face and there — this is proof that I was hospitalized and given oxygen.
Vice Chairman Gort: Thank you, ma'am. Your time is up.
Ms. Rojas: Thank you very much.
(Applause)
220 April 27, 2000
0
Vice Chairman Gort: Thank you
Carlos Brito.
•
Lenia Fernandez. Lenia Fernandez.
Mr., Carlos Brito: . Good evening, ladies and gentlemen and Commission
Chamber. My name is Carlos Brito. I live at 2922 Southwest 22nd
Terrace, in the City of Miami, in which I've been residing through the last
18 years, even though originally I grew up in Portland, Oregon, very
distant from the community here in Miami. And, as a distant observer, I
am telling you that I am here today to denounce what injustice, in cases
where the Police Department does act unjust, we do have to denounce it,
and in the location where the attorney Ybarra was, the accounts happened
exactly as she stated. There — I saw how — why do you think we're here
today, not condemning Metro -Dade Police, nor the Florida Highway
Patrol. What I saw there were City of Miami Police Officers, under the
direction of the Chief of Police — and I tell you here today, this is not a
racial problem, and I tell the African-American community, I would stand
here today and denounce an injustice, whether it was in the African
American community, whether it was in Los Angeles, California, . by an
INS official beating down Mexican immigrants or in New York's Harlem
or here in the City of Miami. This is not a racial problem where the — one
gentlemen mentioned the black community was so outspoken against the
Cuban community and that it's because, if you listen to the radio stations,
in English, we are constantly being criticized, and I grew up far away
from this City. It's been 18 years that I've been living here, and I do
have the right to condone someone, and if I make a mistake or if I act
improperly or erroneous during my job -- because I am also a County
employee, Mr. Arthur Teele — it is my supervisor's responsibility to
reprimand me for my actions, just like it is the Chief of Police
responsibility to reprimand those police officers that are acting erroneous,
and they were laughing at people and were driving by and making faces at
the citizens of the City of Miami. I do support the investigation, Mr.
Arthur Teele. You mentioned that it was very prompt to take such a
decision. I don't think you would feel...
Vice Chairman Gort: Sir, your time...
Mr. Brito: ...the same way if this would have been happening — if it was
the other way around and if it was in the African-American community...
221 April 27, 2000
Vice Chairman Gort: Mr. Brito, your time is up.
Mr. Brito: ...you would also want to conduct investigations.
Vice Chairman Gort: Mr. Brito, your time is up and there's no reason for
you to be like that, OK. Because Commissioner Teele's been sitting
here...
Mr. Brito: Right.
Vice Chairman Gort: He's been there all day, and he's been here listening
to everyone.
Mr. Brito: Right. I'm just merely directing...
Vice Chairman Gort: So, I appreciate it. Thank you.
Mr. Brito: Directing myself to Mr. Teele. I do support the investigation.
Vice Chairman Gort: Commission...
Mr. Brito: And, like I said...
Vice Chairman Gort: Excuse me. Your time is up. Thank you
Mr. Brito: Thank you very much.
(Applause)
Vice Chairman Gort: Blanca Rojas.
Ms. Lenia Fernandez: My name is Lenia Fernandez and I was there
when...
Vice Chairman Gort: Blanca Rojas is next, ma'am.
Ms. Fernandez: My name is Lenia. My name was called, and I have
difficulties on the bathroom.
Vice Chairman Gort: OK. I'm sorry, Lenia. Go ahead. You're right.
Sorry. Go ahead.
222
April 27, 2000
Ms. Fernandez: My name is Lenia Fernandez and I live at 2365 Southwest
I I 1 Street. And I was there when they came to pick up Elian. It is a very
simple thing, that is, knocking on a door, and it was never done. And I
was there. I was gassed three times. There were old people rolling on the
floor. There were babies. There was a pregnant lady. And I have a very,
very serious question. Why is the emergency vehicles not allowed to go
in? And I demand that answer from this Commission..
Commissioner Regalado: Where was that, Elian's house?.
Ms. Fernandez: Elian's house, the day they came to pick up Elian in a
very bad manner. If it -would have been guns there or we had an instigator
to shoot a shot on the air, a lot of people would have been massacre
because this was her weapon, and this doesn't kill nobody..
(Applause)
Ms. Fernandez: And I demand an answer, please.
Vice Chairman Gort: You'll get an answer at the end. They'll get a
chance to respond.
Ms. Fernandez: Thank you.
Vice Chairman Gort: Thank you. Blanca already spoke. Karla Martinez.
Karla Martinez.
Ms. Karla Martinez: Hi. My name is Karla Martinez. I reside at 1746
Meridian Avenue, in Miami Beach. This occurred on Saturday, the 22nd
on 27th Avenue and Flagler Street. I was standing on the sidewalk, next
to the Walgreen's, when a bunch of officers — about 15 officers
approached me in riot gear requesting that I remove — remove myself from
the sidewalk, and I refused. I was peacefully demonstrating.
Commissioner Teele: I didn't hear you. Say that again. Because...
Ms. Martinez: They asked me to move and I refused.
Commissioner Teele: You were on the sidewalk?
223 April 27, 2000
Ms. Martinez: I was on the sidewalk peacefully demonstrating. Actually,
I was taking pictures and looking for my friend, getting ready to leave.
Within a matter of seconds, they were telling me that I was being arrested,
and a police officer by the name of Pasture said, "I'll take her." And she
was the arresting officer.
Commissioner Teele: Now, what was her name?
Ms. Martinez: Pasture.
Commissioner Teele: Is that the same name?
Ms. Martinez: Yes, it is'the same officer.
Commissioner Teele: Let me ask you this. Did anyone ask you to move
or say that you would be arrested if you didn't move?
Ms. Martinez: They would — I was...
Vice Chairman Gort: (Inaudible) You know, it keeps...
Commissioner Regalado: (Comments in Spanish)
Ms. Martinez: I don't need to answer that.
Vice Chairman Gort: OK. Teele let her finish. And, Commissioner
Teele.
(Applause)
Commissioner Teele: Yeah, but — I mean, you know, look, I'm not a
potted plant. I mean, you know, if people are going to come...
Ms. Martinez: I will tell you my statement.
Commissioner Teele: No, no, no, no, no. I'm not — I'm only speaking to
the Chairman. I think it's very important that we don't send the wrong
signal here. I'm concerned that the Police Department has taken a
position of almost looking coward,. beat down. I mean, I don't criticize
you, Chief O'Brien, but I do think that, if we're going to hear this — this
224 April 27, 2000
is going out into the nation, into the City. We ought to at least respond.
I'm here. I've not left this seat since this started because I genuinely
care. And if someone is making a statement, I want to know that the
statement is full, is accurate, and it is' correct. And I don't know who the
gentlemen is that you talked to or what that relationship is, but I think it's
— I'm trying to figure out what's the legislation that we come up with
tonight, if any. And I just needed to know if you were warned before they
arrested you to leave.
Ms. Martinez: I was told to leave.
Commissioner Teele: You don't have to answer the question, if you don't
choose to.
Ms. Martinez: No. I'll answer it exactly how I said it. I was asked to
leave and I refused.
Commissioner Teele: OK.
Ms. Martinez: And they told me I was being arrested within seconds. I
didn't have time to say anything else. When I was walking towards —
when they were — I was handcuffed with the plastic grips, my hand was
cut off for circulation for an hour, after I complained about it and they did
nothing about it. Them is — I'm sorry. It's her, the arresting officer.
Commissioner Teele: How did you get the...
Ms. Martinez: This was from — I was when I was arrested, I was
screaming to the top of my lungs. I wanted all the news cameras to see
what was going on to me; that I had a right to protest, and they were
violating my rights. This was — this occurred while I was — when she
knocked me down to the floor and then dragged me off the ground. This
is while we were walking to the police car.
Commissioner Teele: Do you know who hit you there in the eye?
Ms. Martinez: No, I wasn't hit. I was thrown on the floor and then
dragged up. I wasn't punched. This occurred from being thrown on the
floor. And I have pictures right from the hospital.
225 April 27, 2000
Commissioner Teele: And you believe the arrest — the officer that did .
that was who?
Ms. Martinez: Officer Pasture. I don't believe I know for a fact. Her
name was on her uniform. And I — for you to show — it's to show these
pictures. This is straight from the hospital.
Vice Chairman Gort: Go ahead, ma'am.
Ms. Martinez: That will be it. Thank you.
Vice Chairman Gort: Thank you.
(Applause)
Vice Chairman Gort: Sheila Latimer.
Ms. Sheila Latimer: My name is Sheila Latimer. I live at 8004 Southwest
103rd Avenue, Miami, Florida, 33173. I've lived in Miami since I was
about eight years old, in Dinner Key, when there were only three docks
out here, and when (inaudible) lives used to live on. the docks. I just
would like to recall the words of the Irish poet, Tom Yates, when he said
"The worst is filled with passionate intensity while the best lack all
conviction." I'm concerned that Miami doesn't fall into an (inaudible)
and we have to remind ourselves, we are a democracy and we have to
make sure that we — while the eyes of the world are looking at us, that we
don't seem to be finding scapegoats or finding people to — like changing
Versailles into a Versailles and looking to guillotine persons — you know,
because we're anguished because of . maybe what happened to Elian. I
think that it may not be the best decision for us to, based on our emotions,
to being too thin-skinned to taking personal attacks to remove Mr.
Warshaw and, then, eventually, of course, we remove the Police
Commissioner. I'm also a veteran of many demonstrations. Although
there were police excesses, in my opinion, in this demonstration, there are
no more excesses in this one than in any other one that I've witnessed
actually, as a matter of fact, since 1968/69. 1 think that, maybe as — we
should maybe consider something to do with the police force, like to make
them create less brutal tactics, in general, but I don't really believe that
they're targeting the Cuban -Americans, as a group. I don't believe this.
And I just hope that the rest of the community tries to come together, no
226 April 27, 2000
matter how we feel about the Elian case, and to look at the larger issues.
For example, the fact that deportation officers, on a regular basis, invade
people's homes at gun point, often, and shackle people, unfortunately. I
don't know how you feel about that, but it happens when people 'are
arresting people who are aliens. Elian is an anagram for alien, to some
degree, and I think that this case is — well, I won't say anymore because
I'll keep my opinions to myself, but I think that what took place...
Vice Chairman Gort: Thank you, ma'am. Marta Martinez.
Ms. Marta Martinez: Hi. My name is Marta Martinez. I live at 9473
South — Northwest 27th Terrace. I just moved, so I don't remember my
address that well. My daughter, Karla Martinez, was the one that was
dragged on the floor. I do have a strong — I've always taught my children
to be law-abiding citizens. I know that, like all kids, they do make — they
do things that they are not supposed to, but I've always taught them to
stand up for their rights and for their — what's true. She was standing on
the corner. She wasn't doing anything. Just taking pictures. And this
police lady or police officer came by and did what she did. Well, she said
what she had to say, but I would like to make a comment and I hope
people don't take it in .the wrong way: But I would like to go back to
around the 1800s, OK, when the North and the South were divided and in
the — I believe it was in the Constitution says that if a slave from the
south would run to the north, OK, they had to be returned to their owners
in the south. Well, for a fact, it was the underground. And I would like
to pose this question to the black community so maybe they will
understand a little bit how we feel about the Elian case. What about if a
mother would have taken her child under underground to the north; she
got killed on the way, but the child made it to the north. The father was
forced by the slave owner — yeah, the slave owner — the father was forced
to take that — you know, go to the north and retrieve the child, OK. At
that time, for a fact, whenever the federal marshals came by to take the
blacks back to the south, a lot of people — white, blacks and, you know,
all nationalities included — got together — I'm sorry — got together and —
yeah — and protected that slave from moving — taking it back to the south.
In this case, what the Cuban community was doing is protecting our own
to be taken back to the slavery. So, that's...
Vice Chairman Gort: Thank you, ma'am.
227 April 27, 2000
r 1
U
(Applause)
Vice Chairman Gort: Ms. Arva Parks
Dominguez. Finally, got yours.
Mr. Danny Dominguez: You finally got me.
Vice Chairman Gort: Sorry.
•
Did you sign up? Danny
Mr. Dominguez: Thank you. I just want to say something brief here.
Shame on you, O'Brien. I want to tell you, I immigrated to this country
when I was five years old, sir, OK? And if you think that that little boy is
not going to remember a rifle pointed at him, you're completely wrong. I.
remember my parents cutting sugar cane to get me to this country of
freedom when I was five years old, sir, OK? I think that what you
recommended is exceptional to do here. This community needs to come
together. And I'm going to be honest with you. If changes have to be
made, then let's make them. You know, let's make these changes so we
can unite this community. And I'm going to tell you something else, sir.
I have friends of mine that are police officers and I can tell you, in the
City of Miami, when I went to Miami Senior High — and I can tell you
that, when they put, on uniforms, they think they're God out there, OK,
and I — they're still my friends, OK, sir. We're going to be out there on
Sunday and don't you dare try to mace us or arrest us or beat us up in any
possible way. We're not going to take it.
(Applause)
Mr. Dominguez: We're not going to take it anymore, sir. We're tired of
it. I know what the black community feels like now, when you go out
there and you beat them up — and like this lady said back here — half of it
doesn't even come out in the news. Well, we're not going to take it on
Sunday, OK. And I've worked on a lot of your elections here. A lot — I
have campaigned for a lot of you guys, OK, and I'm sorry if I'm out of
line. But I'll tell you; we're not going to put up with that no more, sir.
And if you have to be released, then so be it. And you, too, sir.
(Applause)
Vice Chairman Gort: Excuse me. Danny Dominguez already spoke
228 April 27, 2000
Maritza Reyes. Michael Stafford later, after her.
Ms. Maritza Reyes: Maritza Reyes, 14882 Southwest 69th Street. It's a
coincidence. I don't know that gentleman, but my sentiments exactly. I
was going to remind Chief O'Brien that if he thinks that — Chief O'Brien,
I'm sorry that you're exiting, but I'm talking directly to you.
Vice Chairman Gort: Excuse me, ma'am. You addressing the
Commission.
Ms. Reyes: OK.
Vice Chairman Gott: Thank you.
Ms. Reyes: Excuse me. I was going to say that, if he thinks that Elian is
not going to remember a gun being pointed at him directly, he's
completely wrong. I came to this country when I was eight years old. My
parents brought me in an 18 -foot boat. And in 1958 -- I was only 6 years
-- old, and a gun was pointed directly at my mother and even though my
mom says "Close your eyes. Don't open your eyes, Mari, so you won't
see," I remember, and I'm 48 years old. Elian will never forget this. And
it's really a shame because I trusted — I was one of the ladies that was
there in vigil, dressed in black, praying for Elian. And I trusted that our
City Police Department was not going to aide in this, and when I saw that
one of our officers, who was there, I think it was a let down. And one of
the things that I am really concerned about is that our City needs to heal,
and my husband, very proudly, put up an. American flag in our car, and on
the bottom of that flag, he put a Cuban flag. And yesterday I found this
note that someone left on my windshield wiper, and, if I may, I want to
read it just as graphically as it was written, and pardon me. "Take this
flag, you Cuban cowards, and put it where the sun don't shine. You're a
disgrace to all other descent Latinos. Get out of America. You're not
welcomed here." Now, that sentiment — I have been sitting in the back of
the room and I have been hearing it from other people, and I really
apologize if I've taken any more time, but we need to come together, and
I've heard it from other people, but we don't come together this way.
This is not the way.
Vice Chairman Gort: Thank you, ma'am. I know.
229 April 27, 2000
0
L'
Ms. Reyes: We need to hold our hands together in prayer.
Vice Chairman Gort: We sure do. Thank you. Next.
(Applausse)
Mr. Michael Stafford: My name is Michael Stafford, 5649 Grand Street,
Hollywood, Florida. My father, in his early 20s, served on the police
force of the Capital, and my mother, also in her 20s, worked for the FBI
(Federal Bureau of Investigations) and, today, at this date, works for
Hunnington Beach Police Department. You know, though — and I really
want to say that we've got to have respect and love for our policemen, but
when there's corruption — and I think my mother and father would stand
beside me on this — we do need to deal with it, and it was terrifying
seeing what I seen the other day, you know. But I — at that same thought,
though, I just want you — everybody in here to pretend that nothing
happened bad, at least for Miami Police force, OK, but let's — what we're
really here for, aren't we, is for the higher officials. And as I told the
protesters at Elian's house, we need to remove this fence. It is a death
trap. Mathematically, anybody could figure out, with such big chains on
this fence, people — if there were to have been five hundred people there
at that time, which nobody had no idea how many people were going to be
there, even though it was five in the morning, like myself. I said, I'm
going to stay here all weekend because I have a feeling something is
going to happen, even though other higher Cuban community leaders said,
"No, nothing is going to happen." And, by the way, I don't know if I said
so, but I am not Cuban. I am an Anglo-Saxon. But, anyway, there is — for
that -- that was, to me, was a death trap. I mean it would have been. And
if somebody would have just took one shot, bang, into the air, what do
you think would have happened? That was just irresponsible. - Again, I
want to thank you good cops. I say, I love you -- and I'm not a fag, but
you know — OK. Sorry. Sorry about that.
Commissioner Teele: Gay.
Mr. Stafford: One other thing, too, I have a lot of black American friends
and if anybody wants their phone numbers...
Vice Chairman Gort: Excuse me. Your time is up, sir.
230 April 27, 2000
Mr. Stafford: ...to talk to them about me, you can. OK.
Vice Chairman Gort: Your time is up. Thank you.
Mr. Stafford: Well, thank you so much.
(Applause)
Vice Chairman Gort: Mr. Mariano Cruz.
Commissioner Sanchez: Give this man two minutes.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I'm not
going to be repetitious about what happened. I was there at the station. I
was in the program that Grisel Ybarra and Fuste start that collection of
money. And, besides that, also, I would like to say that many times I've
been at street corners collecting money for muscular dystrophy and road
blocks as a letter carrier, together with the firemen, too. So, I mean,
everybody does that here. So, that's nothing to be arrested with. What
I'm going to be is, I am first American citizen — American — of Cuban
ancestry. American because Cuba is in America. It's not Europe. Cuba
is in America. And, as a taxpayer and a veteran of the US Army, one
thing I'm going to say, we have to build bridges .where we have to know
about that. You know the people here, in Ft. Lauderdale, when they were
here in Coconut Grove, don't know anything about the Cuban situation.
They know more about what happened in Chichina (phonetic), in Boston,
all over, that what happened 90 miles from here and, you know, it
happened. You know, we fighting a civil war for more than 40 years.
Because you have a civil war here in this country, and it's still being fight
here. Because you go to South Carolina, you still have that confederate
front there and it's a big issue there. So, it's still a civil war going in this
country. And, in Cuba, we have a civil war going and people — I put
Night Line and what I see (inaudible), Buena Vista Social Club and all
that BS, when they don't know — I can name you more than 20 people that,
grew with me and went to school with me. My friends that being
executed, assassinated, drowned, hunger strike is the Cuban situation. So,
that's what it is. That's why the people emotion. Oh, emotion. "How
come they don't say emotion when they see -- other people see a Dixie
flag flying over there — Columbia state capital there? Because I know
South Carolina. I trained in Fort Jackson, so I know what I'm talking
about, and they were really racists in 1963 and they still racist, even if the
231 April 27, 2000
law has changed. They still racist there, as you see here, too. Because
people say here, "Love thy neighbor." Well, as long as he is Cuban or as
long as he's black or as long as he's white, it happen here.
Vice Chairman Gort: Mariano, thank you. Your time is up.
(Applause)
Vice Chairman Gort: Mariano, I'm glad I finished in Fort Jackson in '61.
Mr. Cruz: Yeah, Fort Jackson...
Vice Chairman Gort: Michael — I have to apologize because some of the
way this written, Michael Puchades it's going to be?
Mr. Michael Puchades: Puchades, that's correct.
Vice Chairman Gort: Puchades.
Mr. Puchades: And Mr. Mariano — Mr. Cruz is a hard act to follow, I
must admit. My name is Michael Puchades. I reside at 705 South Shore
Drive. I'm not a resident of the City of Miami. I am, however, a member
of this community. I am — I also happen to be a Cuban -American
attorney. On Saturday, when I was shocked out of bed — my wife got me
out of the bed. I figured I'd go out and observe for myself some of the
things that were happening on the streets of Miami. Armed with a
camera, my Miami Dolphin cap, and the First Amendment, I went out to
27th Avenue and Flagler Street, and. the atrocities that I witnessed for
myself were just incredible. This is no longer about Elian Gonzalez. It
seems that — it just so happens, I think I might be getting the last word
here. I didn't say hello to you, Mr. City Attorney. I apologize for that.
This is not about Elian Gonzalez anymore. This is about the injustice and
abuse that was committed on our streets, with out citizens, by your police
officers. The evidence against the City, - one day you'll find, is
overwhelming against the City. There are pictures. There are tapes.
There is evidence, . through witnesses, like myself. There's physical
evidence. All of that evidence, one day, will come to light. In the
meantime, I agree that an investigation should be done. However, I ask
you, and my brothers and sisters in the African community — American.
community, to join us in weeding out all of those bad cops that we have
232 April 27, 2000
on the streets. The great majority, we understand, are good cops, but
right now, to save the City and save some of. these elected officials time
and effort and the taxpayers of the city, I think that the decent and
honorable thing for you to do, Mr. Chief, is to resign, to step down and
resign your office.
(Applause)
Vice Chairman Gort: Next speaker. Georgia Ayers.
Ms. Georgia Ayers: You all may not like it, but I want my time. I think
I'm the oldest person in here from the point of service. I was born here
October 21St, 1928. Nineteen twenty-eight. My grandmother bought her
land here at 4724 Northwest 13th Place. She started paying for it in 1905,
and she finished paying for it in 1923. My grandfather went to pay on the
balance of what we owed, the one hundred dollars ($100), and he -- in
1923 he disappeared from the face of the earth. Well, my grandmother,
who never learned to read or write, Art Teele — and I — it burned me up
when they stopped you because you kin to me, boy. You from
Tallahassee. My grandmother was born in Tallahassee in 1874. She
moved to Miami in 1898. To what you call Little Havana that was called
the Southwest section. And to the Haitians, you call that Little Haiti.
That's Lemon City. My mother was. born in Lemon City in 1912, another
sister in 1914, and one 1907, and one 1910. Do I know history? You
better believe I do. You know, I'm sitting here just laughing. You all are
talking about the City of Miami Police. What you're going through, baby,
is nothing to me. I'm used to it. But I didn't condemn, them. I worked
with them. I did not condemn them. Instead of kicking their behinds, the
only way to create a good wholesome atmosphere, like I told some of the
people I was fussing at back there, I told them I wanted to meet them and
work with them later. I will fuss you out -- I will grab my preacher — and
I'll cuss you out, too, if I have to. But I'm willing to work with you.
Now, I have gone to that City of Miami Police Department for as long as I
can remember, and I have my own key to the elevator. They rather, give
me the key and let me go where I want to go, than to have to deal with me
at the front desk. I'm the only woman in Dade County who have my
(inaudible) going to Dade County Jail 24 hours a day, and let me say this
to you Hispanics. When they came out to arrest all of you all for welfare,
food stamps, unemployment fraud in October of 1982, I'm the woman —
and some of you sitting here may be the ones who are paying your fraud
233 April 27, 2000
money to me — I handled all of the money for welfare, un — don't 'stop me
— welfare — because you don't stop me when I'm out there — no, y'all
didn't stop me when I'm out there in the riots. Every riot we've had here
-- I was arrested in one 1970. Don't stop me. Don't stop me. You
listened to all the Cubans. Give this lone black woman a chance to speak
her peace.
(Applause)
Ms. Ayers: Instead that same Don Warshaw. I worked with his brother,
and Chief Harms, in the 1980 riot. I was the only person that denounced
what was wrong, but when I denounced that it was wrong — as a matter of
fact, one of the officers said I was a shit stirrer. Instead of getting mad
with him, I came to the Police Department. We sat there and we went into
the room and we battled it out, and now we're the best of friends. You
cannot change a department from without. You have to change it from
within. But you all have to be willing to go in there and work with them.
And moving the Chief and let me tell you about you Hispanic officers.
The Hispanic officers are the worst officers on the department. I can say
it because I deal with them every darn day. Everyday. And those of you
who think that you have been mistreated as Hispanics, join the club, baby.
Unidentified Speaker: I know you right.
Ms. Ayers: It's nothing new. It's happened to us years ago.
Unidentified Speaker: But we're not going to take it.
Ms. Ayers: You're not going to take. it. But, dar -- let me say, you're not
going to take it, but hold it.
Vice Chairman Gort: Excuse me.
Ms. Ayers: I'm going one step further. I did not — and I'm going —I'm
digging deep now, and I'm talking to the Mayor. On New Year's Day,
when those — that boat came in with the Haitians on it, Mr. Mayor. Mayor
Penelas came out there hot minute and he was gone. I didn't see you out
there one time. And Congresswoman Meek did her best to go and get the
children of the mother that was taken off that boat. The mother was ill
here. Congresswoman Meek made it her business to go to Haiti and bring
234 April 27, 2000
the children back. I did not see any of you complaining about that boat
on that day. That was New Year's Day. That was New Year's Day.
Vice Chairman Gort: Excuse me.
Ms. Ayers: I did not see a hoard of people out there doing anything.
Listen, I didn't see you. You wasn't there, baby. I was there until we
left.
Vice Chairman Gort: Hold it.
Ms. Ayers: I'm saying this to you all. Yes, I am a big mouth woman, but
I became this way because I care about all people. Now, the young man
whose eye that — whatever happened to his eye, I mean, that's
unconscionable. I have told him to come to my office, and I'm telling all
of you who have got a complaint with this department, they'd rather see
ten baboons coming than to see me coming. Is that right, Chief? The
changes that you have in that department, because of what happened to
Afro Americans after the 1968 riot, I am the one that have gone down
there and — Chief — Art Teele, Commissioner Teele, my Teele, my
hometown man, when you came here, what did you find me doing? Willie
Gort, I remember when you first started. The rest of you I don't know.
But I can speak my piece, and I know darn well what I'm talking about.
Firing the Chief is not going to resolve your problem. Getting rid of the
City Manager is not going to get rid of the problem. You need to get
some -- rid of those trigger-happy cops you got in there. This man has
brought this — let's face it. Two years ago the City of Miami was an
embarrassment — was in an embarrassing situation. You were arguing .
with — what's the man name, who I really can't stand? What's his name?
Suarez. And I don't care if he know it. You were arguing with him. I
supported you then, but I don't support you right now in firing this man,
and I don't support you in firing the Chief. They have done a magnificent
job. You the chief. You the one we call in the black community, you the
HLIC, that's Head Latin In Charge, so you have the (inaudible) it's all or
call your shots, but I can tell you this. Getting rid of them is not going to
change the racist attitude of the majority of the Hispanics that are on the
department. Thank you for giving me the time.
(Applause)
235 April 27, 2000
0 � 0
Vice Chairman Gort: Thank you, ma'am. Appreciate it
more speakers and that's it.
Mayor Carollo: Mrs. Ayers, we still love you. Thank you.
We have two
Ms. Ayers: I'm not going (inaudible) because I'm not going anywhere. I
was born here.
Vice Chairman Gort: Alejandro Lugo (phonetic).
Mayor Carollo: Thank you.
Vice Chairman Gort: Alejandro Lugo.
Mr. Alejandro Lugo: Alejandro Lugo, 4845 Southwest 92nd Avenue. My
respectful, the Commissioners, and everyone here, I have a suggestion for
everyone: go to Barnes and Noble and buy the book "1884" by George
Orwell, and then you will know is exactly going on here. You will know
a little bit about to be in a totalitarian system; you will know a little bit
about the meaning of police state, and you might. don't like it. I am going
to assure you of that. I've been assaulted. I've been brut -ally attacked by
police officers. I begged for mercy, as they beat me in my face, and I was
bleeding. And I'm going to repeat again, I begged for mercy, but they
seem to enjoy what they were doing to me. I'm very proud -- I'm really
proud of descent police officers, especially the highway patrol, the Metro -
Dade Police. Unfortunately, I can't say the same about the City of Miami
Police, which is a shame for the whole community. I have a lot of respect
for African Americans. I have a lot of co-workers, excellent people, and I
wish they could work and support the Cubans because we've been
victimized by prejudice, and this is what is going on. We want to touch
the real issue here. And there're a lot of ethnic division between these
communities, and this shouldn't be happening. This is the first time I've
been arrested in my life, and now I am a criminal. Now I have a criminal
record. Which was my crime, to wave a flag and request permission to.
the police officers so that I can reach my car, which was right across to
the line of the -- Sorry. I don't have any more time. But, Mr. Warshaw
and Mr. O'Brien, they need to be removed from the Police Department, as
well as the rest of the corrupt officers.
Vice Chairman Gort: Thank you. Your time is up.
236 April 27, 2000
Mr. Lyro: Thank you.
Vice Chairman Gort: Jorge Artiles. Arva Parks. I called you a little
while ago, and you didn't respond. Yes. Last speaker is going to be
Armando Aguilar, and then I'll give a few minutes to respond to some of
the questions that have been asked. Yes, ma'am.
Ms: Arva Parks: My 'name is Arva Parks. I live at 1601 South Miami
Avenue. But I felt a great need to come here today because like many
people in this audience, I, too, have been grieving ever since this terrible
crisis has come into the place that I love just as dearly as anyone. I think
I've always understood the passion of the Cuban exile community because
I feel that way about Miami. And I think I've always understood, if
someone forced me to leave this place that I love, that I would feel just as
passionate. But I have to tell you; I have done the history — written the
history of Miami. I've seen many tragic things that have happened in this
community. I have never in my life and in all my research, which goes
back many, many years, seen anything quite as divisive as this. I think
what has happened here is many of us — and there are many of .us in this
room who are people of good will —.we work together working to make
this a better city, and what has happened now is we've gone like this
(indicating) and there's a giant hole in the middle of this city. I know
emotions are very high — give me just a couple more seconds. I
understand the high emotions. I'm feeling them myself. I also did the
history of the Police Department, and in doing that several years ago, I
got to know the police. I never knew the police really before. And I can
tell you, the Police Department is not perfect, and I wrote of many things
that were not perfect, but we're all individuals, and I guess I have to go
back to what I learned in my religious training, that those who can cast
the first stone should do it. I don't think anyone here is perfectly without
sin, perhaps, in this situation. And I'd like to ask the Commission and the.
Mayor, who I have believed in difficult time, to think very seriously, in a
time of crisis of making this serious decision. What we need is to listen
to everybody. What we need is to root out those that are not the best
police that we have, and we need to join hands and stop screaming and
start listening. And I have to say —I have to quote the Mayor because
when he said the other day, "We have to stop thinking with our hearts and
think with our heads." Well, I'd like a little of each. I'd like to think
about Miami and how we're going to have to live here, hopefully, together
237 1
April 27, 2000
•
for a very, very long time. Thank you.
Vice Chairman Gort: Thank you.
(Applause)
�J
Mayor Carollo: Arva, thank you. Thank you very much for coming here
tonight.
Vice Chairman Gort: Armando Aguilar.
Vice Chairman Gort: Armando Aguilar,
Mr. Armando Aguilar: Armando Aguilar, Vice President of the Miami Fraternal Order of
Police, 710 Southwest 12th Avenue. I am truly saddened by what's going on here today, the
division that we've seen amongst our citizens and the Police Department. I want to start by
saying that I was also born in Cuba, as most of our -- at least the majority of our police
officers in the City of Miami, and we do feel for your plight. And I am very proud of being
a Cuban American, but I'm also extremely proud of being a City of Miami police officer.
And I am very proud of the City of Miami police officers that have served our community
for many years, especially this man right here, William O'Brien, who is one of the most
honorable men that I have ever met in my life. (Applause). I also want to say that we went
through a lot of stressful circumstances out there and I don't expect you to believe that
everything that was done was done correctly, but I also don't expect anyone here to believe
that all this mayhem occurred. The City of Miami police officers are not animals and they
do not act like animals. I want to say that whatever happened out there that was incorrect,
we will investigate it, as well always have in the past. We don't need a committee to
investigate it that has no idea what police work is all about and I will address that in another
arena. But I do want to say that we responded to over three hundred calls of fires being lit
out there and a few hundred calls of violent incidents that we had to take care of. We are
sworn to uphold the law and, as police officers, we have to do it. If we didn't do it, then we
would have total chaos in our community. Thank you. (Applause)
Vice Chairman Gort: Thank you. That was the last speaker. We'll now close the public
hearings and there's a couple remarks that I would like to make. First of all, I think our
police have done a tremendous job. We have some very, very good police officers, and I
can tell you because of my neighborhood, the crime is down in the work they have done. At
the same time, there is some police officers that could have made mistakes and they could
have done the wrong thing. Like we said, that will be investigated and that will be brought
out. At the same time, Arva Parks and to the people of Miami, I've been here since 1954,
238 April 27, 2000
but this City has not seen the changes. In 30 years, the changes that have taken place in this
City has taken a hundred years in many other cities. We are going through a lot of growing
pains, believe me. Because, in 30 years, the evolutions that have taken place in here and the
millions of people that have come through this City from different cultures, different ways
of life, we do have problems, but let me tell you: We have to be proud of ourselves. It
could be a lot worse. It could be a lot worse. And this is the thing we have to do. The
reason we are here, we want democracy and we're going to do what's right. Now, we're
going to take a decision here. We're going to take a decision. We have a march that's going
to take place on Saturday. Let me tell you: The eyes of the world are on this City and I'm
hopeful that we can do it and I know we can do it peaceably and show our emotions very
peacefully and show to the world that we feel pretty bad about what took place. You know,
it's very difficult sometimes to understand people's problems, unless you've lived it. I mean,
we hear in history and we learn about experience that took place with other ethnic groups
and although we will try to understand it, we will never really comprehend it because we
didn't live through it. And.the problem with the -- that you see -- and I don't see that this big
hole, really. I think the problem that is, when you see those surveys done by the press, that
the people do not understand what the problem is and why the emotions are the way they
are. That's why you see that balance. But I can assure you; this is a community that we
have to be proud of because we could have been a lot worse than what we are today. I just
wanted to mention that. What's the will -- we need to discuss -- we have an event that's
going to take place Saturday.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: I think that the most pressing, urgent business is to take care of
what is going to happen on this Saturday on Southwest 8th Street. Some of the organizers
of this rally were thinking yesterday and the day before yesterday of taking this rally to the
County. They fear that it will be an incident between the residents, who are angry about the
events, and the police, who is on the edge -- I don't know why -- and ready to jump and tear
gas anybody and everybody. But, apparently, they're going to do it on Southwest 8th Street.
So, I feel that we should address this issue. I don't know if we should request help from the
County to come and help -- by the way, we requested because there were County police
officers on Flagler and 63RD the other day. I'm told that there were even some officers from
other municipalities, but I don't know about that. I just was told by another police officer.
So, I think that we should address the Mayor, the Manager, the Chief of Police, what is
going to happen. Because, frankly, the people do not trust the police and we run the risk of
some people, in the heat of the day, calling maybe names to some police officers for what
they felt is done and for the police to react. So, I'm really telling you guys that we need to
239 April 27, 2000
leave here tonight with this priority resolved; some kind of actions that this Commission, if
need to, could take.
Vice Chairman Gort: Let me do this. And I apologize. I think we heard from the public
and I think some questions were asked and I think they should be responded by the
administration. If you'd like to respond to some of the...
Mr. Warshaw: Mr. Chairman, respectfully, I think I pretty much said what I wanted to say.
I certainly heard the passions of the people, and I think I've said it before, the Police
Department is not a perfect place, but I've also said that this is a police department that has
worked with this community for many, many years; has developed, what I consider to be, .
outstanding relationships and that's why crime has dropped for six consecutive years in a
row and people around America, you know, look at this as a model department, and that's
what's so painful about what's happening now. Now, I have heard some of the stories
tonight and I realize I'm not going to be here for a whole lot longer, but I said before and I'll
say it again, the department has always openly investigated; there are no secrets; the Internal
Affairs function is not a closed. book; it's open, and if officers have stepped off of line,
they're going to be disciplined, as they have been in the past. I agree with what Arva Moore
Parks said, the emotions are running high. As for Commissioner Regalado's statements --
and, again, this is the will of the Commission -- I think the Miami Police Department is
more than capable of being able to handle -- we have handled demonstrations here for the
last 20 years that range from every year for the Calle Ocho, while, admittedly, it's a festive
event, where a million people are there and we've handled it with just a few hundred police
officers. And I realize emotions are different now than they are for Calle Ocho, but this
department has handled crowds as large as a million people. It's handled Super Bowls and
Orange Bowl Parades, and I don't see any reason why the men and women of this
department can't adequately make the community proud; you know, handle what's going to
happen here this weekend with the whole world watching. And I think that, you know, they
deserve the chance to continue to do that. They've done these things well. That's not to say
that there aren't officers that might have made mistakes and need to be looked at, but this is
still your Police Department. It's the department that is responsible to the taxpayers of.
Miami and I would be disappointed if they weren't there and capable, willing and, as they
always have been, to make the City proud in another event, as we've had so many that the
world is going to watch. And I think it would be a terrible mistake to send that message to,
as many people here said, to 99 percent of the workforce of the department that they're not
good enough or capable enough to handle, you know, the event on Saturday. And, as for.the
command staff of the department, many of them are standing up here. You know, the
Major, who's been in charge of most of the scene here, Juan Garcia, who is a 17/18 year
veteran of the department; one of the most distinguished, young officers; Assistant Police
Chief Ray Martinez, and others who you've seen here, these people have tons of experience
240 April 27, 2000
in terms of decades of service to the City, and there's no reason why the community can't be
proud. And maybe this could be, you know, a crowning moment for the City and build up
something positive. But to say here tonight that we should take our police department and
throw them all to the wolves and not let them handle this demonstration -- this is a
demonstration that means everything to the members of this department. Sixty percent of
whom are Hispanics and whose passions, you know are with the crowd, and I've always said
that. And many of you have seen -- I was there during the Cuban truckers' strike in the port
and it was somewhat of a staged demonstration, but our cops were there swapping Cuban
coffee between themselves and the crowd members, and so many of them knew the people
who were demonstrating. We have a long history of being able to do these kinds of things
and I would hope that, after all that's been said and done tonight -- and I accept the fact that,
in TEN days, I'm not going to be here anymore, if that's the will of the Commission, but I
will hope all of you, after now, we've all had a chance to air out, would show some
compassion for a department that has shown a lot of compassion for this community and
allow them to do the things they've been trained to do and do it well, and they will do it well,
and I can tell you, I'll assure that they do it well.
Mayor Carollo: Well, let me answer this...
Vice Chairman Gort: Thank you.
Mayor Carollo: ...if I can, Mr. Chairman. No one here has said -- I didn't
hear Commissioner Regalado say or anyone else here such things as
you've stated about our police department or .our police officers, Mr.
Manager. The truth is that, if it weren't that the zero tolerance orders and
the green light was given from the top, a lot of what happened never
would have happened and could have been avoided. If you remember, on
April 17th, a week and a half ago, I requested of you to bring Chief
O'Brien to my office because I needed a briefing, as Mayor of this City,
as to his contingency plans for best case/worst case scenario, and I wanted
to know what contingency plans we had for anything that could happen
within our City. At that meeting -- if I may ask some of the staff
members that I have present there, Ronald Lieberman; I had Jim Smith,
Sue -- can you come up here, please? I want the public to see you
because the impression is that we are only one color in some of our
offices -- some of our City. This is part of my staff, three of them that
were present with me in that meeting. All three of them were present
when the Police Chief, under your presence, basically gave me what could
not have been more than a two -minute or so, maybe three minutes, if I
want to be kind, answer that a Police Explorer, that 15/16 years old,
241 April 27, 2000
would have done a. better job in providing information to this Mayor as to
contingency plans. When he left, then when you left, every one of them,
every single one of them, without my having said a word beforehand, told
me the same thing: They couldn't believe the answers that I got that
showed the lack of preparation that we had and the disrespect that was
shown to me. You know, as well as I do, that this is only what's happened
here, that's been a reflection of the lack of supervision and discipline that
we've had in this department. This is. why sadly, sadly we have numerous
corruption investigations of our police officers, that you and I know well,
unfortunately, sadly, we're going to be seeing the outcome of those in the
near future, with police officers of the Miami Police Department being
arrested again. And I say that with pain in my heart because this is a fine
department, where the vast majority of the men and women of this
department have served well; has served honorably. They just not had the
leadership, the supervision, the direction from the top. The -- thank you.
When I've heard numerous citizens call to say that they were arrested or
they were pushed and treated in a very unprofessional manner when they
were just standing, not doing anything, and then the orders, they were
told, came from the Mayor. Individuals that were arrested were told the
orders came from the Mayor. That is totally, totally unacceptable.
Mr. Warshaw: I agree.
Mayor Carollo: And there are plenty of people that have stated that, this is what they were
told. But I just wanted to put that on the record. I'm glad that you're curtailing some of your
statements, Mr. Manager, because I think, if you truly care as much for this City, as you
claim that you do...
Mr. Warshaw: I do.
Mayor Carollo: ...then you should curtail those statements, the statements
like the ones that were made last night on NBC, where you said that "This
is not the time for my rule." Well, Mr. Manager, there never is a time --
not just this -- never is a time for my rule, and this Mayor will be the
first, and there will be against my rule. But this statement, you know
well, why it was made. It was not because of my rule and these are the
statements that are not going to help this -co ' mmunity whatsoever. It's not
going to help you; it's not going to help anone here. The only question
that I'd like to ask of someone else is, the major in charge of SIS (Special
Investigative Section) here, by any chance? Did she leave already?
242 April 27, 2000
Mr. Warshaw: She's not here.
Mayor Carollo: OK. Can you come up to the mike, Chief, please? Any reason why you've
needed my itinerary or why she did or anybody in the Police Department needed to know
my itinerary, to know where I was going to be at, beginning the day before yesterday, late
afternoon, early evening, from then on?
Chief William O'Brien: I don't know what you're talking about, Mr. Mayor.
Mayor Carollo: Well, if anybody from your department wants to know my schedule to see
where I'm going to be at or whatever, they don't have to be calling anybody from my staff or
using people to see if they could get it out of some of my young staff members. They could
call me directly, Chief. Because it's pretty sad, it's pretty sad -- and this kind of tells it all to
you -- when the Mayor of the City has received numerous phone calls from your police
officers, some of your own supervisors, where not only are they telling me that "they're
ashamed of what they've seen, that it's out of control, you have to do something, Mayor," but
at the same time, when we've even gotten phone calls saying, "Be careful, Mr. Mayor,
because you know what? We've heard there are some that are just looking for you out there
because they want to beat the crap out of you and just throw you in jail for anything." So,
Chief, if anybody wants my itinerary, you call me yourself and
I'll be happy to deal with that.
Chief O'Brien: Mr. Mayor, I don't know what you're talking about.
Mayor Carollo: Well, I'm sure. (Applause) John -- Major Buhrmaster, can you come up
here, please? Is there anything that you would like to tell the public about me?
Major John Buhrmaster : Excuse me, sir?
Mayor Carollo: Is there anything that you would like to tell the public about this Mayor?
Major Buhrmaster: I don't understand your question, sir.
Mayor Carollo: My question is, sir, is there anything that you would like to tell all of Miami
about this Mayor?
Major Buhrmaster: No, sir.
Mayor Carollo: Anything at all?
243 April 27, 2000
Major Buhrmaster: No, sir.
Mayor Carollo: Any sworn statements you would like to make against this Mayor?
Major Buhrmaster: No, sir.
Mayor Carollo: OK. Thank you very much. I have no further questions or statements. I'm
sorry, but I haven't slept for weeks. I haven't eaten today and, frankly, I'm kind of tired of
seeing the shameless stories that I've heard today, but I want to say this because -- and I'll
finish by saying this: To show you just how honorable a majority of our force is, even
tonight, when you had a small group that came here so they could get front row seats, you
could have counted every single police officer that was inside here and so on, showing
support to the Chief and .the other Chief, and you didn't even have 40 that were here, out of
force of a thousand one hundred and fifty. Thank you very much. I'm sorry. I have to go.
(Applause)
[MAYOR CAROLLO LEFT THE CHAMBERS AT 10:30 P.M.]
Commissioner Regalado: Mr. Chairman, we — I think...
Vice Chairman Gort: Excuse me. Commissioner Sanchez asked for the floor.
Commissioner Sanchez: Whatever actions we're going to take here today, we could
either take an action or we could exercise our 10 -day ruling, which would allow us to get
together within 10 days and override the Mayor by 4/10ths, if we should decide to do
that. That's up to the Commission to do. But let me tell you one thing that we need to
do. It's 10:39. 1 think — it's 10:38. When it turns 10:39, we need to begin the healing
process in this community, and we need to — whatever actions are taken, you know, we
cannot have a community that, today, is divided and we need to do whatever it takes to
unite it, and it takes leaders to call for that process to start, and I think that this
Commission should take that leadership to start that process as quickly as possible.
Whether whatever happens here today — and.I don't think any action is going to betaken
here today — people should realize that within 10 days, if we don't take an action, the City
Manager is no longer the City Manager. If we take an action today to dismiss him or we
could come back tomorrow, we could come back Monday, Tuesday, Wednesday, within
10 days and take an action, but it's up to this Commission to decide. But I'll tell you one
thing. If we're going to make a decision, let's make it not on emotions and on facts and
on a clear head. We've been here since 9 o'clock. It's 10. It's been a long, emotional
day. I think that, you know, we could either call an emergency meeting on Monday or
244 April 27, 2000
Tuesday or decide what we're going to do, and I .think that's what's right for the
community right now because we need to start that healing process.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Just before we leave, I think that, again, to leave the city
Manager with the idea that we are concerned about this Saturday, and we don't have to
go into any details. Everybody knows why we should be concerned, because have been
very tense days in this community, so, as we leave here tonight, Mr. Manager, we'd like
your commitment that everything will be done to avoid any problems and probably, as
you say. The reason I said to bring people from the County is not to put away the Miami
Police, but probably to work together so that people will be comfortable, but — is that
okay with you? Do you trust your Police Department will — you know; we should...
Commissioner Sanchez: Tomas, if you would yield for me for a minute?
Commissioner Regalado: Sure.
Commissioner Sanchez: Listen, the Police Department is going to go out there and do
their job, you know.
Commissioner Regalado: No, no.
Commissioner Sanchez: I really don't anticipate them going out there and starting a riot
or anything. I mean, we've got to have faith in our Police Department. You know, we...
Commissioner Regalado: OK. I do not have faith in the Police Department.
Commissioner Sanchez: To bring in another...
Commissioner Regalado: That is the problem. And I will have faith in the Police
Department when they start the healing process. And my fear is that there are some
people who are not — the people that are going to be there, 99 percent of the people that
are going to be there do respect the Police Department. There might be one or two or
three that would say something to a police officer. I'm telling you, this could ignite a
problem. So, this is what I'm saying because it happened before. It happened on the 0
of January and they didn't do nothing. It happened last Saturday. They didn't do
nothing. And it happened Tuesday and didn't do nothing. So...
245 April 27, 2000
Mr. Donald Warshaw (City Manager): Commissioner, let me just say, I give you that
commitment, one hundred...
Commissioner Regalado: That's all I want. That's all.
Vice Chairman Gort: OK. Wait a minute. Wait a minute.
Commissioner Regalado: To work with the Police Department in order to organize and
work with the people of the march, so — and nothing should go wrong.
Mr. Warshaw: Well, I have to add (inaudible) excuse me. In response to the question
about the County — and this is just a matter of routine — anytime you have a planned event
that involves possibly hundreds of thousands of people, the Miami Police Department has
mutual aid. agreements with Miami Beach, with Coral Gables, with the County, and those
agreements are in place. So, in the event that it appears this was going to be,.now know,
a mega event in terms of people, then there will be the availability of resources from the
County. And I know that Chief O'Brien has already spoken with Director Alvarez. And,
again, having large numbers of police is intended for the public's safety. It's not
intended to create a problem. So, when I say there are going to be more police, I say that
with public safety being number one in paramount because if it's going to be on
Southwest 8TH Street, as we've done with Calle Ocho, we have to close off intersections,
dozens, maybe a hundred intersections, on both sides so traffic can be detoured and
stopped. And there is a plan. There always has been a plan. And if that is going to be as
big as we expect it might, we do have those resources, and the County could play a part
in that. But I emphasize all for a peaceful demonstration, just like the one that occurred
that night when thirty or forty thousand people formed a cross and it was seen around the
world, and there's no reason why that same sight can't be seen on Saturday, and I pledge
to you that that's the way it's going to be. It will be something that we can be all, you
know, proud of, and I'm going to be there to make sure it happens.
[OUTBURST FROM AUDIENCE]
Vice Chairman Gort: Excuse me. Excuse me. The public hearing has been closed
already. Thank you. You had your opportunity to speak. Commissioner Teele.
Commissioner Winton: Mr. Chairman.
Vice Chairman Gort: Yes. Commissioner Winton.
246 April 27, 2000
Commissioner Teele: Commissioner Winton.
Unidentified Speaker: Excuse -me, but I've got to ask for an investigation on the tear gas
because I've been really sick from it, OK.
Vice Chairman Gort: Excuse me, sir. Sir, excuse me. You — we had the public hearing
already and you all got a chance to speak, and there's a motion that has been passed. Go
ahead.
Commissioner Winton: Commissioner Regalado, the opportunity for that
healing process, particularly this weekend, you know, there is a concern --
and I heard somebody say it -- a couple of people say it -- no question,
there is a concern about the Police Department and emotions are very raw
out there, and emotion will still be raw on Saturday. The Police
Department, however, can be on their absolute best behavior, and, so, the
organizers of this event have to also take some responsibility to be on
guard for this one or two percent of the people from the public sector who
want to see this community burn again. And with emotions so raw, that
opportunity is great. So, I would hope that whoever the individuals are
that are responsible for organizing this have their own group of -- you
know, you see it in lots of events, where you have the organizers with
their own -- you know, I'll call them peace keepers, for lack of a better
word, who can make sure that they are on the look out for the instigators
and troublemakers that want to cause our entire community a great
embarrassment, and maybe the organizers can play a very strong role in
seeing to it that they also control the folk that's want to see us look bad.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Mr. Chairman, thank you very much. I'm really
distressed -- I'm deeply distressed about where we are as a community,
and where we appear to be going. And I, for one, would hope that this
Commission and the leaders, elected officials across the community, can
begin to. provide positive leadership to the community. I mean, I don't
know anything about mob and all of that. Those are not good adjectives
to do anything to get people to listen. But, you know, part of being a
leader is saying and doing what is right, without regard to where the
public may be at any given point in time. I've chaired, as many of you
know, many Commission meetings and I've served in the federal
government, as under secretary of transportation. I've appeared before
247 April 27, 2000
Congress hundreds of times, and I must tell you, Mr. Chairman, with all
due respect to you, tonight is the first time I have ever been in a public
meeting that I am embarrassed to be an American. No, no. This is not --
and I'm going to say this to my colleagues, anD with all due respect to the
Mayor, who is not here, the Mayor was the only person who spoke up
when I was being interrupted. Mr. Chairman, I respect you personally,
very deeply, but I've got to say this. We've got to develop a code of
ethics among elected officials in this community, if we're ever going to
lead this community. Because what was going on tonight, what
unfortunately the citizens that I happen to represent saw -- and that's why
I just stopped talking -- sent a message to every person that I represent.
that have witnessed this on TV, that it's them versus us, and the truth of
the matter is, the people that I represent have been, for the last 12 to 15
years, been saying everything that you've been saying about the Police
Department. There is no group of people -- and I'm sure Mrs. Parks, we
can document this -- that have complained about police brutality more
vociferously, more urgently than the black community. I mean, we talk
about let's get together. The black community, in Miami, and particularly
in the City of Miami -- because I will tell you, as a County Commissioner,
one of the things that always bothered me was the fact that the complaints
about police brutality disproportionately came out of the City as compared
to the County. There is an organization called PULSE (People United to
Lead the Struggle for Equality) and, unfortunately, they didn't speak
tonight. People united leading the struggle. But Reverend Phillips. The
whole mission of PULSE has been, for the last fifteen years -- it's inter-
denominational. It's made up of primarily of churches and community
people. A lot of Hispanic churches are this. But the soul -- primary
mission of PULSE has been focused on police brutality. And there is no
reason why the community, not the black community, not the Cuban
community, but the community can stand -- cannot stand together in
organizing an intelligent review of this, other than the way people were
acting. You know, America and democracy is about the respect of others,
even when you don't agree with them. The difference between America
and Cuba is that in America everyone is. free to speak, even if you don't
like what they are saying. And what was demonstrated tonight, in my
mind, was a great day for Castro because what the CNN (Cable News
Network) has already gone out with is they are showing people being
jeered and booed for speaking out. And whether you know it or not,
Amnesty International, which is a London based group that surveys
freedom all over the country, in Iraq, in Pakistan, in Cuba, in America,
248 April 27, 2000.
has determined that this is less freedom of speech in Miami than in
Havana. And what many people prove tonight is, if you stand up in this
town and yousay something that is not well liked, you. run the risk of
being booed and jeered and hissed, and that's not what -- and you know
what, I don't blame you. You're ernotional. You're upset. I blame the
elected leaders, my colleagueS for not saying universally we cannot
condone this kind of behavior. Now, I'm through with that. I want to
deal with this. As a Commissioner, I will not condone the kind of
behavior, individually and I hope as a Commission, this Commission will
not condone the kind of behavior that has been complained about tonight
by the Police Department. Now, Mr. Attorney, does the Commission, as a
body, have the right to direct the Manager, relating to the policies of the
City of Miami?
Mr. Alejandro Vilarello-(City Attorney): Yes, sir.
Commissioner Teele: Does any individual Commissioner have that right?
City Attorney: No, sir.
Commissioner Teele: Does the Mayor have that right?
City Attorney: No, sir.
Commissioner Teele: So, part of what somebody was saying tonight is, a
lot of people have been emotionally played upon. When somebody -- if I
stand up -- if Commissioner Regalado stands up and say I will not let this
happen, he doesn't have that authority. The same thing is true of our
Mayor. Listen to me. It's not about Carollo. It's about the office of the
Mayor. And when the Mayor stood up and said that the police will take
know action, did he have that authority, Mr. Attorney?
City Attorney: Not individually. Not -- not unless the City Commission -
Commissioner Teele: Not individually. And the point that I'm trying to
make is, I understand why a lot of people are frustrated. A lot of you felt
that the police would do nothing, right, on the Elian seizure, and a lot of
people feel betrayed. Why? Because there was statements made. Those
statements were illegal statements to be made and why blame Chief
249 April 27, .2000
O'Brien? He never said one word. And I'm not here defending Chief
O'Brien, but at some point, we listen for three hours to everybody talked.
At some point, some elected official ought to have the courage to say
what the truth is. And hold it. Hold it. Hold it. And what I'm saying to
you -- what I am saying to you is simple --
Vice Chairman Gort:.Excuse me. We listened to you all.
Commissioner Teele: What I am saying to you is simply this, .there has
been a terrible breakdown in communication. The City Commission
should have said something or we should have convened and either backed
up the Mayor's statement, which we could have done, as a Commission.
The media and the editorial board should have said something sand
clarified. the question, but there were a hundred thousand million Hispanic.
people who honestly believed Mayor Penelas and Mayor Carollo, and
neither one of them had the legal authority to say what they said. And to
lead this community into believing that this was going to happen, he does
not have the authority. The Charter is the same. Now, having said that,
what I believe is, this Commission should basically pass a resolution
tonight of maximum tolerance for civil -- for demonstrations on this
coming Saturday. We need to cut some sl'ack to everybody. We need to
cut some slack for ourselves. We need to cut some slack for the Police
Department. And we need to cut some slack to the public, so that if the
public goes into this area, they know that there is not going to be zero
tolerance. Because the zero tolerance policy, which has been enforced in
certain areas, at the airport and at the seaport especially, needs to be
backed off of. And I would ask my colleague, Commissioner Regalado, if
he would consider that? Before you do, I would like to ask the Chief a
couple of questions. Mr. Chief -- first of all, I want to ask a basic
question so that the record can get out. The federal government, for the
last five years, has kept this City a float through funds and grants to the
Police Department. Roughly, how much money -- and just understand,
were Chief O'Brien and anybody in that job is coming from -- if you get
money from the government to 'run your department, I don't have to say
anymore. How much money has the City of Miami received from the
federal government over the last five years, in approximate dollars?
Mr. William O'Brien (Chief of Police): In excess of ninety-five million
dollars ($95,000,000).
250 April 27, 2000
Commissioner Teele: In excess of ninety-five million dollars
($95,000,000) of grants have come to the City of Miami. In fact, roughly
20 percent or 10 percent of the Police Department right now is being paid
off of a police -- off of a federal grant. Is that true or false?
Mr. O'Brien: That's correct, sir.
Commissioner Teele: So, it's very important that the citizens of Miami
understand the relationship that the City and the federal government are in
and --
(Outburst from the audience)
Vice Chairman Gort: Excuse me. The public hearings are .closed. You
had your chance to speak, all right. Thank you.
Commissioner Teele: It's important that the community understand
exactly what this long-term relationship has been about. Maybe we want
to stop getting money. Maybe we want to stop cooperating. That's a
decision that I will make during the budget hearings. But the fact of the
matter is, that this City has a long history of cooperating with the federal
government. Long before I got here. I've only been here for a year and a
half. Regarding the use of chemicals, is this a policy relating to tear gas
that is in place today, and, if so, can you tell me -- I'm not talking about
mace or the individual protective chemical. Don't' you make a distinction
between -- do you make a distinction between mace that a police officers
carries for protection?
Mr. O'Brien: Both are chemical agents. There is a distinction because
the use and circumstances surrounding their use is different. The OC, the
pepper spray, is carried by individual officers, and is used by them in the
normal use of force continuum. The CS chemical agent, which is used
during civil disorder events, is brought to the field when we're in a field
force configuration.
Commissioner Teele: And who authorizes the use of CS?
Mr. O'Brien: The field force commander.
Commissioner Teele: In light of what we've heard, will you consider a
251 April 27, 2000
review of that policy for the Saturday demonstration and consider
granting that authority at a higher level than the field force commander?
Will you consider it?
Mr. O'Brien: Most certainly.
Commissioner Teele: Regarding the personnel. We've heard a number of.
persons to testify about individuals -- and I want to apologize to any
individual 's name who has been used because they are not here to defend
themselves. But can we be assured that between now and Saturday, there
will be a review of some of the personnel to ensure that those persons who
may be very active and their names come up are not put in a situation that
could further aggravate their own records, as well as the image of the
department?
Mr. O'Brien: We do that as a normal course of order, sir.
Commissioner Teele: Can that be accomplished before Saturday?
Mr. O'Brien: It has been done on an ongoing basis, yes, and we'll take a
look at that again. You know, the last thing that we want to do and the
last thing we wanted this event to do is to become an event where the
Police Department was the issue, and I spoke to leaders of the exile
community and their intention was the same because they realized that
when the Police Department became the issue, the focus was off of what
they wanted the issue to be on, and that was on immigration policy, and
Elian. Believe me, this is the worst case scenario for this Police
Department, and the pain is with our department across the board, from
me all the way down to the newest person on this department. Believe
me, we suffer with this.
Commissioner Teele: Chief O'Brien, one of the things that has been used
effectively in demonstrations in the past is the use of community relations
observers. Have we used community relations observers over the last two
weeks?
Mr. O'Brien: That hasn't been used actively for some years. Our NET
concept has filled that -- in the past has filled that void. We're, as you
know, in the process of developing the City Community Relations Board
and we look to have assistance with that.
252 April 27, 2000
Commissioner Regalado: Could you yield, just briefly?
Vice Chairman Gort: Before you go on --
Commissioner Regalado: Community Relations Board --
Vice Chairman Gort: Before you go on, there is something I need to
clarify. Commissioner Teele, I tried to conduct this meeting as best as I
could, with the crowd that we had. I tried to stop it and I tried to make
sure that everybody would speak and was given a turn. It is a very
difficult meeting, and we've never had a meeting like this before. So, I
want you to state that. And the reason I did not go on and defend your.
position, because the Mayor had did so before I did. And the reason that
we're here is because this meeting was called by the different individuals,
and the Mayor, and that's what we're doing today. And let's face it, there
are other meetings, in other places with different, with people in
opposition that have -- they ensure people and they -- whatever you call
the other noises (inaudible) they have (inaudible) made people. Things
are not as emotional as this, even in cases of zoning matters. So, if you
feel that, at any time, I can tell you that I tried to do it the best that I
could.
Commissioner Teele: Mr. Chairman, I appreciate that, and I certainly not
directing my remarks at you, but what I'm saying is that as -- in this
context, everything is taking a racial tent, and I just think that it's really
important that the public perceive us as being -- because we have no
tensions up here. The five -member Commission has worked as well as
any collegial body I've ever worked on, and I just think it's important that
the public see that kind of interaction. And I respect very much that you
have done an outstanding job in -- under very impossible circumstances.
But if you've taken offense to that or concerned about that, I certainly
want today clarify that the Mayor, you know, was the one who jumped in,
and I'm just not even accustomed to him defending me. If you know
where I'm coming from. On the Community Relations Board, I think
Commissioner --
Commissioner Regalado: Commissioner, just briefly. Community
Relations Board was created by this Commission about a year and two
months ago and recently met for the first time. The Chairman just
253 April 27, 2000
resigned. because of what he claims the lack of support of the
administration. As recently as ten days ago, two weeks ago, they
requested access to the perimeter in the Elian Gonzalez home, and
apparently, that was never worked with the Police Department. I don't
know if the liaison told me that they were in the process of getting that.
We now -- I think that we should support the Community Relations Board
and should have the Community Relations board work with the Police
Department because that's the role that they have in the County, an even
the County saying that they needed to strengthen the Community
Relations Board. So, I would hope that the Police Department and the
administration will work with them.
Commissioner Teele: Well, I'm going to ask the Manager, specifically,
Mr. Manager, I realize that we have less than 48 hours as we move now,
but I think it would be very helpful if tomorrow we could perhaps find
and deputize volunteers to work with the Police Department, that could be
clearly marked as observers. I think there would be a number of maybe
even City employees who might volunteer. But I really do think that we
need to have a relationship where there are non uniform persons working
with the Police Department to serve as observers, and this is something
that has worked in the past. And I know that the hour is late, and I'm not
going to ask you to make a specific commitment, but...
Mr. Donald Warshaw (City Manager): I'll do something.
Commissioner Teele: If we could --
Vice Chairman Gort: Commissioner, I'm sorry. I didn't mean to interrupt
you. Finish.
Commissioner Teele: I'm finished, but I do think some type of working
community relations observers working in tandem with the police and
with the organizers would mobilize, would help to bring about more
comfort by the demonstrators, et cetera. The final two issues, Mr.
Attorney, one relates to you. We talked -- and I've asked Commissioner
Regalado to consider a resolution granting wide discretion, but I'm really
troubled -- because every time I see the U.S. flag flown upside down, it
offends me. It offended me to see the U.S. flag turn. But I will protect
you're right to fly the U.S. flag upside down or to burn the U.S. flag.
That's contained within the first amendment. That's you're right. I would
254 April 27, 2000
hope, Mr. Attorney that you could work with the Police Department --
because I don't think that -any one flying a Cuban flag or an American flag
upside down is a prima facie case of anything but somebody exercising
their first amendment rights. They should, not be arrested. They should
not be stopped. They should not b.e investigated or harassed in any way.
As offensive as it is to me personally, I don't think it's a violation of any
law, and I just wonder is there any interpretation that you, as the legal
officer of this City, find that that is a violation of the law or something
that should give warrant -- rise to a stop or a search, independently, just
that action?
City Attorney: That action alone would not give rise to probable cause
for a stop.
Commissioner Teele: What about playing the music loud or yelling out of
the car at the same time?
City Attorney: This would have to be other factors involved with --
Commissioner Teele: Well, I just think there are some things -- because
I'm concerned -- I'm listening to the public. I'm not jumping to
conclusions, but I think we need to review our procedures, otherwise
we're just coming here listening to people an giving them a show, if we
don't take some action as a result of this. And, finally, as it relates to the
Florida Department of Law Enforcement and liaison, appropriate liaison.
Chief O'Brien, are we in communication with the Florida Department of
Law Enforcement and the organizers of the Saturday event, and have you
all had communications with them lately? And the reason that I'm asking,
I understand that the governor did express some concerns after meeting
with the exile leadership today, that we may not have as close of a
communication as he would hope or he thought, and I just would like to
know, have we been able to clarify that and have you been able to talk to
any of the people?
Mr. O'Brien: Yes. We have been in contact with people with the
demonstration. We worked out the particulars of their permit, the times
they want to be there, and et cetera, and we have meetings with leaders of
the organization and their meeting scheduled tomorrow, additionally..
Commissioner Teele: Has anyone from your staff been appointed as like
255 April 27, 2000.
the liaison to the demonstration committee or is there any person that 's
could be available to -- who's name you want to put out there as a liaison
on behalf of the Police Department?
Mr. O'Brien: Well, under nuts and bolts of the event, Chief Ray Martinez
is the lead point man on that. As far as the community relation efforts,
Major Carolyn Clark is involved in that aspect. And back to the first
question. We've been in contact with FDLE (Federal Department of Law
Enforcement) and all the agencies in South Florida regarding this event.
We had a meeting early this morning discussing resources and strategies,
and we're all on the same page.
Commissioner Teele: Eighth Street is a state road? Is 8th Street a state
road?
Vice Chairman Gort: Yes.
Commissioner Regalado: Yes, it is.
Mr. O'Brien: Yes, sir.
Commissioner Teele: All right. Well, I -- Mr. Chief O'Brien, let me just
say this. I have confidence in you. .I have confidence in your chain of
command. I am very disturbed with a lot of the things that the citizens
have said tonight, and I want to be on record as saying that I think any
time you get this number of complaints, where there is some -- that much
smoke, they're got to be a few sparks somewhere, as I'm given by one of
my colleague's calls that have come in. But it's the personal testimony
and it is the personal disconfiguration and damage that really, as an
elected official, gives me concern. I'm not jumping to conclusions, but I
do believe that we . need to make note of that, and I would hope that
Commissioner Regalado would offer a motion that would, in effect, urge,
as a matter of policy, during the Saturday demonstration that we give,
broad tolerance to individual acts of civil disobedience, and that we also
urge citizens to stay out of the area because we will be granting broad
discretion or however the attorney and Commissioner Regalado --
Mr. O'Brien: And, you know, in response to that and in response to
Commissioner Sanchez' early comments about my statements regarding
this Police Department, I think I've been pretty constant, and it was in the
256 April 27, 2000
newspaper even this morning, and I've gone on the record saying with this
-- the number of officers we had in the field, with the stressful conditions
that were out there, I think it would be -- I think it would -- it goes
without saying, they're an extremely high probability one or more officers
are going to overreact. Which will investigate those. And I want to go on
record -- and I've said that before and I've reached out -- people with
complaints, call our internal affairs unit so we can investigate. You
know, I was in charge of internal affairs before I became Chief of Police.
Officers under my command were relieved of duty for abusive treatment.
They were fired for abusive treatment, and some were arrested for abusive
treatment. We do not tolerate that and will investigate fully. And I say,
encourage them because, as of this date, we have just a handful of
complaints in there. We want to investigate all the cases of abusive
treatment.
Commissioner Sanchez: Chief, I tried to encourage them to go to internal
affairs, and let metell you, there is just no way they are going to do it
because they are intimidated, and they think nothing is going to be done.
I mean, that's the perception that we have to change. That is part of the
things -- the steps that we need to take, to start winning the confidence
back of several members of our community.
Mr. O'Brien: And, you know, with my comments -- and I think it's
important to say again -- the same thing that you've said and the same
thing that a great 'number of people have said, 99 point whatever percent
you want of the men and women of the Miami Police Department
performed in a tremendously professional manner and that really needs to
be said. There is a great debt that should be owed to the men and women
of the Police Department.
Commissioner Sanchez: I don't think nobody's questioned --
Vice Chairman Gort: Commission --
Commissioner Sanchez: If I may, Mr. Vice Chair. I've basically -- I can
direct -- it takes three votes to ask the City Manager to then take action,
but the things that we'll be able to identify with to you has been two
incidents, which, I think, are justifiable, and the Police Department doing
an investigation on. One is the Grisel Ybarra incident and the other one
was the incident in Versailles. -Those are two incidents that you, as the
257 April 27, 2000
Chief of Police, should do --
Mr. O'Brien: And let me just say that. The first iricident is under
investigation. She came in. I can't comment on anything more on that.
Commissioner Sanchez: I understand.
Mr. O'Brien: As you well know as a law enforcement officer. The
Versailles incident, I don't know if we have a complaint on that. If we
don't, I encourage the people that were here -- there were three of them, I
believe, that spoke about that site -- at least one of them come in.
Commissioner Sanchez: OK.
Vice Chairman Gort: There are a couple of things that I'd like to address.
Number one is, a lot of people are not aware of internal affair. They don't
know where to file -- a complaint is filed against an officer. That goes in
the record. An investigation takes.place, and that can clarify. So, what
I'd like, if possible, if you can give out the phone number and also if we
can put on Channel 9 the phone number, and you know of the officers that
get repetitious complaint, they should not be there on Saturday definitely.
They should not be there.
Mr. O'Brien: Three zero five --
Vice Chairman Gort: Now, the other thing that we need to understand is --
and I've been involved in demonstrations here since 1959 and these
demonstrations have been a little different from other demonstrations that
we've had in the past. Ninety-nine percent of the demonstrations that
we've had in the past, they've been well organized by organizations with
leadership, where they have worked very closely with that City, and the
one thing that we have done, Commissioner Teele and Commissioners, is,
each one of those organizations have provide their own security to work
with the City of Miami police, to make sure that any infiltration or any
confrontation would take place, these civilians that know the people, that
walking and they are doing, will get involved into it. This is the way it
was done in the past, and this is the way it's always been successful. I
think -- and right now, for this march, we have .many individuals and
many organizations involved in this and I've been talking to them.. My
understanding is, they .are willing to have people volunteer to work with
258 April 27, 2000
A7
0 t
the Miami police and work with you all to make sure that nothing takes
place.
Mr. O'Brien: And that's one of the aspect that's we've been working on
with this plan, and we've got a commitment right now for a hundred.. I
personally like to have a thousand marshals. And when I say marshals,
that's a member of a group who volunteers to marshal, basically, that
demonstrations. And with the numbers we're talking about, I think a
thousand would be more appropriate than a hundred, but I'll take that
hundred and be very happy with them.
Vice Chairman Gort: But one of the things we also have is, we have the
citizens patrol that we have trained and we have quite a few that belong to
each one of the neighborhoods, and they know -- we know each other very
well. I think your citizens and patrol could serve a real good job on this
Saturday. So, I think that should be part of your plan. And I would like
to see -- and Commissioners, do we want to make any other decisions on
the four-fifths or anything like that?
Commissioner Teele: Mr. Chairman, I'm going to be out of town May 3rd,
May 5th, 6th, and 7th, and I'm just -- I ought to, you know -- May 3rd,
May 5th, May 6th, and May 7th. So --
Vice Chairman 'Gort: OK. Do you -- anyone wishes to make a motion any
-- tonight?
Commissioner Sanchez: Not at this time.
Vice Chairman Gort: Not at this time. OK. What I would like --
Commissioner Teele: Well, I would --
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Does the Chairman have the authority to call a
meeting?
Vice Chairman Gort: Yes, I do.
City Attorney: The Chairman or three Commissioners.
259 April 27, 2000
Vice Chairman Gort: Three of us.
Commissioner Sanchez: Three Commissioners could call a special
meeting.
Commissioner Teele: Or the Chairman?
City Attorney: Yes, sir.
Vice Chairman Gort: Yes.
Commissioner Sanchez: Or the Chairman?
Vice Chairman Gort: Yes.
Commissioner Teele: Or the Chairman.
City Attorney: The Commissioner designated as the presiding officer or
three Commissioners, as well as the Mayor, of course. .
Commissioner Teele: Mr. Chairman, I would ask that, if you're going to
call a meeting, that you call it either for May 2nd or May 4th, and I just
think the calendars are important, and May 2nd, which is a Tuesday, or
May 4th, I'm out of town on May 3rd and May 5th and May 6th.
Commissioner Sanchez: I've just been advised I'll be in training May 3rd,
so I will not be --
Commissioner Teele: So, May 2nd and May 4th. I intend to meet with
the Manager to the extent is Manager the going to be available to discuss
it, and I'm going to make --
Mr. Warshaw: I'll be available.
Commissioner Teele: You know -- and I'm not waiving my right to sign a
letter asking for a meeting, but I do think the Chairman should begin to
look at calendars in case this is going to be a meeting.
Commissioner Sanchez: Meeting adjourned.
260 -April 27, 2000
Vice Chairman Gort: Commissioner Regalado. Anybody wants --
Commissioner Regalado: Mr. Chairman, I'd like to make a motion along
the lines of what Commissioner Teele said, and this will be directing the
administration to work with the Police Department to implement
maximum tolerance in this Saturday demonstration. This, by any means,
does not mean that we're going to tolerate people running wild or
violating the law. This is about a peaceful demonstration that is going to
be held. And this will insure to the people of Miami and Miami -Dade
County that they can freely, peacefully protest. So, that would be. the
nature of this resolution.
Commissioner Teele: Second.
Vice Chairman Gort: Will you add to that amendment to the resolution
that the organizers that have been contacted and they have stated that they
are willing to have individuals from the organizations to work and closely
with our police officers, and to work and walk with our police officers to
avoid any problems to take place?
Commissioner Teele: Will you take that as amendment?
Commissioner Regalado: Oh, yes, absolutely.
Commissioner Teele: I second the motion. I want to clarify one thing.
Vice Chairman Gort: It's been moved and second. Discussion.
Commissioner Teele: The maximum tolerance of first amendment
individual rights does not include, in my mind, the right to burn tires in
the streets or --
Commissioner Regalado: Absolutely.
Commissioner Teele: -- or to set fire or to turn over trash dumps and set
fire to them. Maximum tolerance means that, in my mind, that you're not
going to say rest people that are on these sidewalks or even, in that
matter, somebody's who stands --
261 April 27, 2000
Commissioner Sanchez: Commissioner Teele, why don't you just simplify
it and not have them use a zero tolerance? I mean, not to use zero
tolerance.
Commissioner Teele: Well, if you want to say that, I don't care.
Commissioner Regalado: No. No. Because -- I mean, but Commissioner
Teele is right. We have to be very clear that we will not come down son
support or, in any way, suggest any, any violation at all. Any violation
will be dealt with by force. That is understood. But the fact that the
people of Miami and South Florida, who will participate in this and other
events, will recognize that the City has changed its policy, it would help a
lot in these coming days.
Commissioner Teele: But this is limited to this event.
Commissioner Regalado: Yes, I know that.
Commissioner Teele: We're not changing the policy.
Commissioner Regalado: I know. I know that. But what I'm saying is
that, as people will know -- sand I hope that the media will pick up on
this an report it the way it has been approved -- people will trust the City
of Miami Police Department and will participate without any fear or any
problem at all. So, that would be my motion, Mr. Chairman.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and second. Discussion? Under
discussion. I would like for the administration or the police to come up
with a plan. I would like to see that plan be presented to the Mayor, with
copy to ourselves, so we're aware of what the plan is going to be. Are we
in agreement with that?
Unidentified Speaker: Can I have that number for internal affairs? That
internal affairs number, please.
Vice Chairman Gort: Yes. Please, the number -- and it's very important --
because I called the other day, there was no complaints. And any specific
complaints that you have, what is the number?
262 April 27, 2000
•
Mr. O'Brien: (305) 579-6172.
Commissioner Winton: Repeat it, please.
Vice Chairman Gort: 579-6172.
Mr. O'Brien: 6172.
n
E
Vice Chairman Gort: I would like, also, to talk to the people in the NET
9.
Vice Chairman Gort: What is it?
Mr. Warshaw: You know all the numbers --
Mr. O'Brien: 579-6461 is another number for the internal affairs. 579-
6461.
Vice Chairman Gort: I would like it to be displayed on Channel 9 so
people can see the two numbers, and anyone that has a complaint, with a
specific officer, with a specific action, write it down and send it in
because we want to make sure that those people do not participate.
Unidentified Speaker: What about the address?
Vice Chairman Gort: The address where you could go is 7 -
Mr. O'Brien: 400 Northwest 2nd Avenue.
Vice Chairman Gort: OK. Any other motions? Any other --
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Teele: The only thing that I would ask is that the City
Attorney be available on Sunday, during the demonstrations, after --
Commissioner Regalado: Saturday.
263 April 27, 2000
C7
Vice Chairman Gort: Saturday.
Commissioner Teele: Saturday.
Vice Chairman Gort: Saturday.
•
Commissioner Teele: Saturday. And his staff be available to provide
whatever. assistance to the law -- the Police Department and . the
management, if necessary. I think that's very important. .
Vice Chairman Gort: Thank you. Mr. Manager.
Mr. Warshaw: If I may, I'd like to just. say a couple of things in closing.
Obviously, I'm very proud for having served the City for 28 years, and I
guess because I'm the one whose been fired,I can get a little executive
privilege to say a few things. Number one, just to comment on somethirig
the Mayor said before he left about police officers who might be arrested
in the not - too - distant future, you know, it's a painful thing to fire a cop
-- and I fired more than my share -- but it's kind of one of those mixed
blessings because the message you're sending to the community is that
you're cleaning up your own house and firing someone who doesn't.
deserve to wear a badge but, yet, it's painful to fire someone who's
wearing the badge that you put your faith in and you believed in. So,
while it's true that there could be some police officers who, you know,
could be subject to some investigation that might be terminated in the
future, the key issue is it's being done by the Miami Police Department
cleaning up its own house. It's not someone else coming in saying we
found corruption. And I think the community should have confidence
that, when you find a bad cop, if the Police Department is able to weed
that person out on their own, it sends a positive message. On a more
personal note -- and I guess I'm allowed to be hurt also, like everyone
else, and I am hurting a little bit right now. When I came in here this
morning, the Commission meeting started. For the first time ever in my
28 years with the City, I was heckled a little bit by a group of
demonstrators, and that's never happened to me before and it's not that 'I'm
not big enough to take it, but I've always kind of felt that I was a mirror
reflection of what Miami is. all about.. You know, my wife is -- my wife is
Puerto Rican. My son, my stepson is part Cuban, part Puerto Rican. And
from my previous marriage, my 18 -year-old son, who speaks perfect
264 April 27, 2000
Spanish, learned it because, in my house, for 12 years, lived a Cuban
nanny, who's like a grandmother to .me. She's 88 years old and still alive.
That doesn't make me any more righteous or better than anyone else, but
what it does make me is, I think, a part of what Miami really is all about,
and it was painful for me to,have to live through this. I understand in life
that there have to be, not necessarily scapegoats, but I always said when I
was the Police Chief, the buck stopped with me. Now, I took even a more
dangerous or tenuous job as City Manager, and now the buck really
stopped with me because everybody reports to me, and I accept that and I
understand that. In public life, you know, this is one of the hazards you
have, but I can tell you -- I mean, I'm so proud of living here, I wrote a
piece that appeared in the Herald today, about ten days ago, before the
Elian Gonzalez raid, and it was in the editorial page, and it talked about
my background as an immigrant and how, when I came here in 1971 in the
police academy in what was a somewhat -- I don't want to say it was a red
neck Police Department. That wouldn't be accurate. But they used to call
me Jew boy because I'm Jewish. So, I've experienced a lot of the pain.
My grandfather came here on a boat, just like a Pedro Pan kid, at the turn
of the century. I have a history in my own family of understanding.
discrimination and pain, and I think it's made me a stronger and _better
person and made me able to do this job, you know, a lot better than I
would have been able to had that not been the background I've had. But
all that being said, I will say this to you, that whatever has happened in
the City during my 28 years of service, good or bad, when I was in the
high level position, I take full responsibility for it because someone has to
be answerable. So, I hope that we really do begin a healing process. I
look at myself in the mirror every morning. I'm not a bad guy. I'm not
anti anything. I think I'm, again, a reflection of what Miami is all about,
and I can promise you this, that I'll be here, wherever I am in Miami, and
I'm going to be a participant in making Miami a better place for everyone.
And I thank you very much for allowing me to say those words. Thank
you.
Vice Chairman Gort: OK. Thank you. Any other motions? Anything. Do
I have a motion to adjourn?
Commissioner Regalado: We need to vote on the motion --
Vice Chairman Gort: Oh, we didn't vote. OK.
265 April 27, 2000
•
Commissioner Regalado: No, we didn't vote.
Vice Chairman Gort: No further discussion
flaye
The Commission (Collectively): "Aye."
Vice Chairman Gort: Unanimous.
All in favor state by saying
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION NO. 00-371
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO IMPLEMENT, THROUGH THE CHIEF OF
POLICE AND THE POLICE DEPARTMENT OF THE CITY OF
MIAMI, A POLICY OF MAXIMUM TOLERANCE FOR THE
EXERCISE OF FIRST AMENDMENT RIGHTS DURING THE
PEACEFUL DEMONSTRATIONS TO BE HELD ON APRIL 29, 2000,
IN THE LITTLE HAVANA COMMUNITY, BETWEEN 4TH AND
22ND AVENUES ON SOUTHWEST 8TH STREET, MIAMI,
FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Vice Chairman Gort: Do I have a motion to adjourn? You guys want to
266 April 27, 2000
stay here?
Commissioner Teele: I'll be pleased to make the motion to adjourn.
Vice Chairman Gort: OK. Thank you all. Have a good evening. We'll
see you on Saturday.
267 April 27, 2000
11
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 11:26 P.M.
ATTEST:
Walter Foeman
CITY CLERK
Sylvia Lowman
ASSISTANT CITY CLERK
JOE CAROLLO
MAYOR
(SEAL)
268 April 27, 2000