HomeMy WebLinkAboutCC 2000-06-08 MinutesCITY OF MIAMI
1 of1"GRoulE�
COMMISSION
MEETING
MINUTES
OF MEETING HELD ON JUNE 8, 2000
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
INDEX '
MINUTES OF COMMISSION MEETING
June 8, 2000
ITEM NO. SUBJECT LEGISLATION
1. PRESENTATION: 6/8/00
1. EVA PORRO AND RAMON FERRER — PRESENTATION
CERTIFICATE OF APPRECIATION FOR 2
ASSISTING IN KEEPING POWER LINES
CLEAR OF FOLIAGE IN COCONUT
GROVE.
2. ALBERT RUDER, RAUL GARCIA, OFFICER
AUDREY ECKERT ' — DEVELOPED DOG
PARK.
3. `.`AUDREY ECKERT DAY" — OFFICER
AUDREY ECKERT, ANIMAL` ACTIVIST.
4. DR. GREGORY BUSH, TINA HILLS, LINDA
EADS — CERTIFICATE OF APPRECIATION
FOR SERVICE AS MEMBERS OF
BAYFRONT PARK MANAGEMENT
TRUST.
2. CONSENT AGENDA.
6/8/00
DISCUSSION
3
2.1 CONSENT TO ASSIGNMENT OF CURRENT 6/8/00
CONTRACT WITH DATA STORAGE CENTERS, R-00-475
INC., TO IRON MOUNTAIN RECORDS 4
MANAGEMENT, INC., FOR PROVISION OF A
COMMERCIAL RECORDS MANAGEMENT AND
STORAGE FACILITY.
2.2 APPROVE PROCUREMENT OF LAWN 6/8/00
EQUIPMENT REPLACEMENT PARTS AND R-00-476
REPAIR SERVICE FROM VARIOUS VENDORS, 4
AWARDED PURSUANT TO EXISTING MIAMI-
DADE COUNTY BID FOR THE BAYFRONT PARK
MANAGEMENT TRUST, $15,000; ALLOCATE
FUNDS FROM ITS OPERATING BUDGET.
2.3 APPROVE, PROCUREMENT OF TURF AND 6/8/00
IRRIGATION SUPPLIES FROM VARIOUS R-00-477
VENDORS, AWARDED PURSUANT TO EXISTING 5
MIAMI-DADE COUNTY BID FOR THE BAYFRONT
PARK MANAGEMENT TRUST, $12,000; ALLOCATE
FUNDS FROM ITS OPERATING BUDGET.
2.4 APPROVE PROCUREMENT OF FERTILIZER 6/8/00
FROM ROBERT F. WISEMAN & ASSOCIATES, R-00-478
INC., D/B/A ATLANTIC F.E.C. FERTILIZER 5
CHEMICAL COMPANY, AWARDED PURSUANT
TO EXISTING MIAMI-DADE COUNTY BID FOR
THE BAYFRONT PARK MANAGEMENT TRUST,
$8,000; ALLOCATE FUNDS FROM ITS OPERATING
BUDGET.
2.5 AUTHORIZE ALLOCATION OF FUNDS, $14,000 6/8/00
FROM 25TH YEAR COMMUNITY - R-00-479
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS 6
FOR REHABILITATION OFTEN BUSINESSES IN
THE FLAGAMI AREA, WITH SMALL BUSINESS
OPPORTUNITY CENTER, INC. ("SBOC") TO
ADMINISTER SAID PROGRAM.
2.6 AUTHORIZE PROCUREMENT OF COURIER 6/8/00
SERVICES FROM VARIOUS VENDORS, R-00-480
AWARDED PURSUANT TO EXISTING STATE OF 6
FLORIDA CONTRACT, $22,000 FOR DEPARTMENT
OF PURCHASING, UTILIZED CITYWIDE;
ALLOCATE . FUNDS FROM VARIOUS USER
DEPARTMENTS.
• 6,
2.7 AUTHORIZE PROCUREMENT OF COURIER 6/8/00
SERVICES FROM - VARIOUS VENDORS, R-00-481
AWARDED PURSUANT TO EXISTING STATE OF 7-10
FLORIDA CONTRACT, $22,000, FOR DEPARTMENT
OF PURCHASING, UTILIZED CITYWIDE;
ALLOCATING FUNDS FROM VARIOUS USER
DEPARTMENTS.
3. COMMENTS MADE BY COMMISSIONER TEELE 6/8/00
'REGARDING AVAILABILITY OF CHIEF OF'POLICE DISCUSSION
AT 5:00 P.M. TO DISCUSS DOCUMENTS RECEIVED 11-12
BY THE MAYOR (DONALD WARSHAW NOTES)
[See #54]
4. APPROVE AND CONFIRM MANAGER'S FINDING
6/8/00
OF SOLE SOURCE; WAIVING REQUIREMENTS
R-00-482
FOR COMPETITIVE SEALED BIDS AND
13-14
APPROVE PURCHASE OF TWELVE FIREFLIR
THERMAL IMAGING SYSTEMS FROM FLIR
SYSTEMS, INC. THE SOLE SOURCE PROVIDER,
FOR DEPARTMENT OF FIRE -RESCUE,. $192,000,
ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECT FUNDED BY FIRE
ASSESSMENT.
5. APPROVE AND CONFIRM MANAGER'S FINDING
6/8/00
OF SOLE SOURCE; WAIVING REQUIREMENTS,
R-00-483
FOR COMPETITIVE SEALED BIDS; AND
15-1.6
APPROVE PURCHASE OF A "RETURN FIRE
SYSTEM" TO UPGRADE POLICE FIREARMS
TRAINING SYSTEM SIMULATOR, FROM
FIREARMS TRAINING SYSTEMS, INC., THE SOLE
SOURCE PROVIDER, FOR DEPARTMENT OF
POLICE, $4,799; ALLOCATING FUNDS FROM
DEPARTMENT OF POLICE ENTREPRENEURIAL
FUND.
6. WAIVE REQUIREMENTS FOR COMPETITIVE
6/8/00
NEGOTIATIONS, APPROVE AND CONFIRM
R-00-484
MANAGER'S FINDING TO NEGOTIATE PROVISIONS
17-19
FOR PROFESSIONAL SERVICES FOR
CONSTRUCTION AND MANAGEMENT OF PUBLIC,
EDUCATIONAL AND RECREATIONAL PROGRAMS AT
GIBSON PARK.'
•
7.
FIRST READING ORDINANCE: AMEND SECTION
6/8/00
54-190 OF THE CODE "STREETS, AND
FIRST READING
SIDEWALKS/BASE BUILDING
ORDINANCE
LINES/NONSTANDARD STREET WIDTHS," TO
21-22
MODIFY WIDTH OF CERTAIN STREETS,
AVENUES AND PLACE IN OVERTOWN.
8.
EMERGENCY ORDINANCE: ESTABLISH NEW
6%8/00
SPECIAL REVENUE FUND "PROGRAMS FOR
ORDINANCE
THE DEVELOPMENTALLY DISABLED, FY 2000-
NO. 11932
200199; APPROPRIATING FUNDS, $372,792,
23-24
CONSISTING OF GRANT, $10,138 FROM STATE OF
FLORIDA DEPARTMENT OF CHILDREN AND
FAMILIES•AND GRANT, $362,654 FROM STATE OF
FLORIDA AGENCY FOR HEALTHCARE
ADMINISTRATION MEDICAID PROGRAM
DEVELOPMENT.
9.
AUTHORIZE CITY MANAGER TO ACCEPT TWO'
6/8/00
GRANTS TO FUND PROGRAMS FOR THE
R-00-485
DEVELOPMENTALLY DISABLED
25-26
ADMINISTERED BY PARKS AND RECREATION
DEPARTMENT THROUGH ITS PROGRAMS FOR
PERSONS WITH DISABILITIES; FROM STATE
OF FLORIDA DEPARTMENT OF CHILDREN AND
FAMILIES, $10,138 AND FROM STATE OF
FLORIDA AGENCY FOR HEALTH CARE
ADMINISTRATION, MEDICAID PROGRAM
DEVELOPMENT, $362,654.
10.
TABLE DISCUSSION OF PROPOSED
6/8/00
AMENDMENT OF CODE SECTION "CABLE
DISCUSSION
TELEVISION" (See #19)
27-28
11.
SECOND READING ORDINANCE: AMEND
6/8/00
SECTION 40-105 (c) OF THE CODE
ORDINANCE
"PERSONNEL/CIVIL SERVICE RULES AND
NO. 11933
REGULATIONS," BY INCREASING ANNUAL
29-38
VACATION ACCRUAL RANGES FOR
CLASSIFIED MANAGERIAL AND
CONFIDENTIAL EMPLOYEES FROM AN
ADDITIONAL EIGHT TO. SIXTY HOURS.
12. SECOND READING ORDINANCE: ESTABLISH 6/8/00
SPECIAL ' REVENUE FUND "CITY OF MIAMI ORDINANCE
PROGRAMS FOR PERSONS WITH DISABILITIES NO. 11934
MIAMI-DADE COUNTY ADA GRANT" AND 39-40
APPROPRIATING FUNDS, $46,453.41 FROM
MIAMI-DADE COUNTY, OFFICE OF AMERICANS
WITH DISABILITIES ACT ("ADA")
COORDINATION 1999-2000 GRANT FUND.
13. SECOND READING ORDINANCE: AMEND 6/8/00
SECTION 6 OF ORDINANCE NO. 11705 AND ORDINANCE
ORDINANCE NO. 11839, TO CORRECT AN NO. 11935
ERROR IN A PREVIOUSLY APPROVED CAPITAL 41-42
IMPROVEMENT PROJECT AND TO ADD NEW
CAPITAL IMPROVEMENT PROJECTS FOR THE
DEPARTMENT OF PARKS AND RECREATION.
14. FIRST READING ORDINANCE: AMEND SECTION 6/8/00
2-923 OF THE CODE "BOARDS, COMMITTEES, FIRST READING
COMMISSIONS" TO PERMIT EXECUTIVE ORDINANCE
DIRECTOR OF INTERNATIONAL TRADE BOARD 43
TO EXERCISE DISCRETION REGARDING
EXCUSABLE BOARD MEMBER ABSENCES.
15. APPROVE SALE OF CITY -OWNED PROPERTY 6/8/00
LOCATED AT 3410 FROW AVENUE TO WIND & R-00-486
RAIN, INC., ESTABLISH $20,000 AS AMOUNT TO 44-45
BE PAID TO CITY BY AFOREMENTIONED
CORPORATION FOR PROPERTY.
16. APPROVE AND CONFIRM MANAGER'S FINDING 6/8/00
OF EMERGENCY, WAIVING REQUIREMENTS R-00-487
FOR COMPETITIVE SEALED BIDS AND ACCEPT 46-47
PROPOSAL OF FERNANDO Z. GATELL, PLS,
INC., FOR PROVISION OF SURVEY SERVICES
RELATING TO SUBMISSION OF APPLICATIONS
TO STATE OF FLORIDA FOR LEASING,
DISCLAIMERS, AND WAIVER OF DEED
RESTRICTIONS FOR PROPERTIES LOCATED IN
DINNER KEY AREA, $22,765.
17.
AUTHORIZE MANAGER TO EXECUTE
6/8/00
CONSENT ORDER WITH STATE OF FLORIDA
R-00-488
DEPARTMENT OF ENVIRONMENTAL
48-49
PROTECTION TO PROVIDE RESOLUTION TO
THE MATTER OF DREDGING WITHOUT
BENEFIT OF A VALID PERMIT FROM
DEPARTMENT OF ENVIRONMENTAL
PROTECTION.
18
TABLE: PROPOSED AUTHORIZATION FOR
6/8/00
MANAGER TO ENTER INTO COMPETITIVE
DISCUSSION
NEGOTIATIONS WITH PROVIDER OF A
50
COMPREHENSIVE INTEGRATED DOCUMENT
MANAGEMENT AND INFORMATION RETRIEVAL
SYSTEM (LEGISTAR) (See #22)
19.
SECOND READING ORDINANCE: AMEND CITY CODE
6/8/00
BY REPEALING APPENDIX A AND REPEALING AND
ORDINANCE
RE-ENACTING CHAPTER 11 "CABLE TELEVISION"
NO. 11936
PROVIDING ' TERMS AND CONDITIONS FOR
51-64
OPERATION OF CABLE SYSTEMS AND
REQUIREMENTS RELATING TO GRANT OF
LICENSES FOR CONSTRUCTION, OPERATION AND
MAINTENANCE OF CABLE SYSTEMS, EQUIPMENT
AND FACILITIES IN CITY'S PUBLIC RIGHTS-OF-WAY
(See #10 & 23).
20.
AUTHORIZE MANAGER 'TO EXECUTE
6/8/00
AGREEMENT BETWEEN CITY AND MIAMI
R-00-489
TELE -COMMUNICATIONS, INC. ("MTCI") TO
65766
GRANT A NON-EXCLUSIVE LICENSE TO MTCI,
PURSUANT TO CHAPTER 11 OF THE CODE TO
OWN, CONSTRUCT, MAINTAIN, AND OPERATE A
CABLE SYSTEM WITHIN THE CITY.
21.
DISCUSS AND DEFER PROPOSED PRESENATION
6/8/00
BY MR. ADRIAN LANS TO COMMISSION
DISCUSSION
CONCERNING THE OLD DORSEY LIBRARY (See
67-69
#28).
22.
AUTHORIZE MANAGER TO ENTER INTO
6/8/00
COMPETITIVE NEGOTIATIONS WITH DAYSTAR
R-00-490
INC., DECISION MANAGEMENT INC., XEROX
70-73
CORPORATION, AND ANY OTHER PROVIDER
OF A COMPREHENSIVE INTEGRATED
DOCUMENT MANAGEMENT AND
INFORMATION RETRIEVAL SYSTEM,
(LEGISTAR) DESIGNED TO SUPPORT THE
LEGISLATIVE PROCESS IN THE CITY. (See #18)
23.
ESTABLISH AMOUNT OF TWO, POINT FIVE
6/8/00
MILLION DOLLARS AS INTERNAL RESERVE
M-00-491
FUND; SAID AMOUNT SHALL BE TAKEN OUT OF
74-76
THE FY.2000 BUDGETARY PROCESS (See #10, 19,
20).
24.
APPROVE PURCHASE OF ANALYSIS AND
6/8/00
PROBLEM SOLVING COMPUTER SOFTWARE,
R-00-492
ASSOCIATED HARDWARE AND TRAINING
77-78
FROM VARIOUS VENDORS, AWARDED
PURSUANT TO EXISTING STATE OF FLORIDA
CONTRACT, $26,500, FOR DEPARTMENT OF
INFORMATION TECHNOLOGY.
25.
TABLE: PROPOSED APPROVAL OF CONTRACT
6/8/00
WITH MAXIMUS, INC. TO PREPARE COST
DISCUSSION
ALLOCATION PLAN. RELATING TO THE CITY'S
79
FEDERAL GRANT PROGRAMS. (See #32)
26.
(A) REJECTING ALL BIDS IN CONNECTION
6/8/00
WITH PROJECT ENTITLED, "CITYWIDE
R-00-493
SIDEWALK REPLACEMENT PROJECT- PHASE
M-00-494
XVI, B-462411, $563,750.
80787
(B) AUTHORIZE AND DIRECTING MANAGER TO
RE -BID PROJECT ENTITLED "CITYWIDE
SIDEWALK REPLACEMENT PROJECT — PHASE
XVI, B-4624".
27. CONDOLENCES TO THE FAMILY OF MARIA DE 6/8/00
LOS ANGELES-FIGUEROA. (See #53). M-00-495
88-89
l
28..
DEPARTMENTS OF PLANNING AND ASSET
6/8/00
MANAGEMENT TO MEET WITH ADRIAN LANS
M-00-496
REGARDING FEASIBILITY OF HIS PROPOSAL FOR
90-91
THE OLD DORSEY LIBRARY.
29.
(A) SENTATION BY DEPARTMENT OF PUBLIC.
6/8/00
WORKS BY JOHN JACKSON - NEED TO CLEAR
DISCUSSION
SEWERS IN PREPARATION OF HURRICANE.
92-99
SEASON.
(B) IRECTION BY COMMISSIONER TEELE TO
BRIEF HIM AND PROVIDE HIM WITH A MEMO ON
CITY BOUNDARIES (BY DISTRICT) FOR IMPACT
FEES
(C) AFFIRMATIVE OFFICER TO PROVIDE
COMMISSION WITH A REPORT ON WOMEN IN
SENIOR MANAGEMENT POSITIONS IN
DEPARTMENT OF PUBLIC WORKS; FURTHER
URGE MANAGER TO ESTABLISH A CLEAR
STANDARD ESTABLISHING A MORE GENDER -
BALANCED WORK FORCE.
30.
AUTHORIZE CONTINUING ENGAGEMENT OF
6/8/00
LAW FIRM OF DAVIS WEBER & EDWARDS FOR
R-00-497
LEGAL SERVICES PROVIDED TO CITY IN
100-101
CONNECTION WITH CASE OF BEDMINSTER
SEACOR SERVICES V. THE CITY OF MIAMI,
ALLOCATING FUNDS, $75,000 FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND.
31.
AUTHORIZE DEPARTMENT OF COMMUNITY
6/8/00
DEVELOPMENT TO PURCHASE TWENTY-
R-00-498
SEVEN FORD TAURUS AUTOMOBILES FROM
102-105
GUS MACHADO FORD AND ONE PASSENGER
VAN FROM ABRAHAM CHEVROLET UTILIZING
EXISTING CITY BID,. $437,585.39; . ALLOCATING
FUNDS FROM GRANTS RECEIVED BY CITY FROM
U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT.
32. APPROVE CONTRACT WITH MAXIMUS, INC. TO 6/8/00
PREPARE COST ALLOCATION PLAN RELATING R-00-499
TO CITY'S FEDERAL GRANT PROGRAMS AND 106-107
ALLOCATING $27,500 WITH INCREMENTAL
INCREASES OF $3,000.
33. APPROVE RELEASE OF COVENANT 6/8/00
RUNNING WITH THE LAND FOR PROPERTY R-00-500
LOCATED AT 1756 ESPANOLA DRIVE. 108-109
(Applicant: Claudette Endacott)
34. APPROVE DEVELOPMENT PLANS FOR 6/8/00
CONSISTENCY WITH DOUGLAS ROAD R-00-501
METRORAIL STATION AREA DESIGN AND 110-118
DEVELOPMENT (SADD), AND CONSIDERATION
OF APPROVAL OF THE MASTER PLAN
DEVELOPMENT STANDARDS. (Applicant: Pedro G.
Hernandez for Miami -Dade County)
35. (A) DEFERRED: APPOINTMENTS TO 6/8/00
AFFIRMATIVE ACTION ADVISORY BOARD. DISCUSSSION
(B) BRIEF COMMENTS BY COMMISSIONER GORT 119-120
REGARDING ETHICS COMMISSION AND ELECTED
OFFICIALS.
36. APPOINTING MEMBERS TO THE BROWNSFIELD' 6/8/00
ADVISORY BOARD, - REDEVELOPMENT' AREA M-00-502
(Albena Sumner, Ernie Martin, Emilio Lopez and Larry M-00-503
Misrach). R-00-504
37. APPOINTING MEMBERS OF THE MIAMI CITY 6/8/00
COMMISSION AS CHAIRPERSONS AND/OR R-00-505
MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, 124-125
BOARDS, COMMITTEES AND AGENCIES
38., DEFER APPOINTMENTS TO CULTURAL AND FINE 6/8/00
ARTS BOARD. DISCUSSION
126-127
39. DEFER APPOINTMENTS TO HEALTH FACILITIES 6/8/00
AUTHORITY. DISCUSSION
128
40. APPOINTMENTS TO HISTORIC AND 6/8/00
ENVIRONMENTAL PRESERVATION BOARD R-00-506
(Andrew Witkin and Jorge Zamanillo) 128-129
41. DIRECT CITY ATTORNEY TO PREPARE 6/8/00
LEGISLATION TO ABOLISH THE JURISDICTIONAL M-00-507
BOUNDARIES COMMITTEE. 130-131
42. NO ACTION TAKEN: APPOINTMENTS TO MIAMI 6/8/00
SPORTS AND EXHIBITION AUTHORITY (MSEA) DISCUSSION
132
43. APPOINTMENTS TO PARKS ADVISORY BOARD 6/8/00
(Ileana Roiz-Felipe and Gregory Bush). R-00-508
133-134
44. APPOINT MEMBERS OF THE PLANNING 6/8/00
ADVISORY BOARD (Luis Revuelta and Jesus M-00-509
Casanova). R-00-510
135-137
45. DEFER APPOINTMENTS TO ZONING BOARD. 6/8/00
DISCUSSION
138
46. DEFER APPOINTMENTS TO CODE ENFORCEMENT 6/8/00
BOARD. DISCUSSION
139
47. APPOINT MICHEAL SPETCO AS A MEMBER OF THE 6/8/00
COCONUT GROVE PARKING ADVISORY R-00-511
COMMITTEE. 140
48. APPOINT DENISE WAITERS AS MEMBER OF THE 6/8/00
BUDGET AND FINANCES REVIEW COMMITTEE. R-00-512
141
49. APPOINT JOY INTRAGO AS MEMBER OF THE 6/8/00
AUDIT ADVISORY COMMITTEE. R-00-513
142
50. DEFER CONSIDERATION OF PROPOSED
6/8/00
REVOCABLE LICENSE AGREEMENT BETWEEN
M-00-514
CITY AND CALOR DEVELOPMENT, LTD., FOR
143-152
CONSTRUCTION AND OPERATION OF A SURFACE
PARKING AREA LOCATED AT N.W. 8 STREET,
EAST OF BISCAYNE BOULEVARD, TO THE NEXT
CITY COMMISSION MEETING; DIRECT
ADMINISTRATION TO BRING BACK A REQUEST
FOR PROPOSALS (RFP) FOR OPERATOR OF
PARKING FACILITY.
51. (A) FINANCIAL/BUDGET REPORT.
6/8/00
DISCUSSION
(B) DIRECT MANAGER AND CITY ATTORNEY TO
153-160
WORK WITH OUTGOING ASSISTANT CITY
MANAGER BERTHA HENRY AND INCOMING
ASSISTANT CITY MANAGER BOB NACHLINGER
REGARDING PARKING REVENUE SURCHARGE
AND MEET WITH COUNTY MANAGER MERRETT
STEIRHEIM REGARDING A JOINT RESOLUTION OF
AGREEMENT AND TO PROVIDE WRITTEN LEGAL
OPINION RELATED TO APPROPRIATE USE OF
REVENUES AND LIST OF ENTITIES WHO ARE NOT
COMPLYING. COMMENTS REGARDING JACKSON
MEMORIAL DISPUTE.
52. (A) DISCUSS PROPOSED 2001 BUDGET 6/8/00
DISCUSSION
(B) MANAGER TO MAIL NOTICES TO INFORM OF 161-179
MILLAGE RATE FOR TAXES AND DEBT SERVICE
FOR PROPERTY OWNERS IN THE CITY.
(C) MANAGER TO PROVIDE A LIST OF
INSTITUTIONAL PROPERTIES, WHICH. ARE TAX
EXEMPT.
53. CONDOLENCES TO THE FAMILY OF MARIA DE 6/8/00
LOS ANGELES FIGUEROA, UPON HER UNTIMELY R-00-515
DEATH. (See #27) 180
54. (A) DISCUSS POLICE PRESENCE DURING ELIAN , 6/8/00
GONZALEZ SEIZURE FROM LITTLE HAVANA R-00-516
RESIDENCE — MAYOR'S USE OF POLICE OFFICERS 181-197
IN' MAYOR'S STAFF —. DONALD WARSHAW
NOTES.
(B) REQUEST STATE SPECIAL PROSECUTOR TO
INITIATE AN INVESTIGATION RELATING TO
ALLEGATIONS THAT ANY FORMER OR PRESENT
CITY OFFICIAL, MEMBER OF THE POLICE
DEPARTMENT, OR EMPLOYEE OF THE CITY
PARTICIPATED IN ILLEGAL SURVEILLANCE OF
ANY CITY OFFICIALS OR OTHER PERSONS.
55. DISCUSSION AND UPDATE CONCERNING 'THE
6/8/00
PROGRAMMING OF CITY OF MIAMI NET
DISCUSSION
CHANNEL 9 — COMMISSION DISTRICTS
198-201
PROGRAM.
56. DISCUSSION AND COMMENTS MADE BY
6/8/00
COMMISSIONER REGALADO CONCERNING
DISCUSSION
THE MANAGEMENT AGREEMENT AT THE
202-204
TOWER THEATER, MOVIES, LIVE SHOWS.
57. MANAGER TO NOTIFY COMMUNITY 6/8/00
REDEVELOPMENT AGENCY (CRA) UPON R-00-517
SUBMISSION OF ANY APPLICATION FOR 205-206
DEMOLITION OF HISTORIC STRUCTURES
WITHIN THE COMMUNITY REDEVELOPMENT
AREA, CODE SECTION 23-6 (c) — (e).
58.
PLANNING DEPARTMENT TO DEVELOP
6/8/00
LEGISLATION THAT WOULD ESTABLISH
R-00-518
"GATEWAYS" TO OVERTOWN AT 8TH STREET
207-208
AND NORTHWEST 3RD AVENUE, 8TH STREET
AND 3" COURT, 14TH STREET AND THE FEC
RAILROAD TRACKS, 8TH STREET AND THE FEC
RAILROAD TRACKS, 20TH STREET AND THE
FEC RAILROAD TRACKS AND NORTHWEST 7TH
AVENUE AND 14TH STREET; PROVIDE
RESTRICTED ACTIVITIES AND ESTABLISH
' APPROPRIATE USES SUCH . AS GREENSPACE,
MONUMENTS, PUBLIC ART AND OTHER SUCH
AMENITIES - PHOTOS TO SHOW AREA AS
CURRENTLY IS.
59.
SCHEDULE PUBLIC HEARING TO CONSIDER
6/8/00
RECOMMENDATION OF DEPARTMENT OF
R-00-519
COMMUNITY DEVELOPMENT RELATED TO
209-210
REALLOCATION OF FUNDS FROM PREVIOUSLY
APPROVED COMMUNITY DEVELOPMENT BLOCK
GRANT PROJECTS TO THREE EXISTING
BUSINESSES (OMEGA FASHIONS, SHAKERS
CONCH HOUSE AND GEORGES WILLIAM
ENTERPRISES) TO PARTICIPATE IN THE
COMMERCIAL REVITALIZATION PROGRAM.
60.
MANAGER AND ATTORNEY TO PROVIDE
6/8/00
EXPLANATION AS TO WHY PUBLIC WORKS
DISCUSSION
DEPARTMENT, NET ADMINISTRATORS IN
211-212
DISTRICT 5, NOR REPRESENTATIVES FROM LAW
DEPARTMENT WERE NOT PRESENT AT THE
AFOREMENTIONED DISTRICT PUBLIC HEARINGS
RELATED TO THE 26TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING
ALLOCATIONS.
61.
DIRECT MANAGER TO SCHEDULE PROFESSIONAL
6/8/00
STAFF'S RECOMMENDATIONS REGARDING
DISCUSSION
ALTERNATIVES CONCERNING WHAT SHOULD BE
213-215
PLANNED FOR BICENTENNIAL PARK AND PARK
WEST AREA.
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62. AMEND RESOLUTION NO. 00-115 WHICH 6/8/00
AUTHORIZED THE PURCHASE OF 32 LAPTOP R-00-520
COMPUTERS FOR BUILDING DEPARTMENT FROM 216-217
COMARK GOVERNMENT AND EDUCATION SALES
TO REFLECT A CHANGED STATE OF FLORIDA
NEGOTIATED AGREEMENT PRICE SCHEDULE
("SNAPS") AND CHANGED EXPIRATION DATE.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 6th day of June 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 9:40 a.m. by Commissioner Wifredo Gort (hereinafter referred
to as Vice Chairman Gort), with the following members of the Commission found to be present:
Commissioner Wifredo Gort (District 1)
Commissioner Johnny Winton (District 2)
Commissioner Tomas Regalado (District 4)
ALSO PRESENT:
Carlos Gimenez, City Manager
Alejandro Viarello, City Attorney
Walter J. Foeman, City Clerk
Sylvia Lowman, Assistant City Clerk
ABSENT:
Commissioner Joe Sanchez (District 3)
Commissioner Arthur E. Teele, Jr. (District 5)
An invocation was delivered by Vice Chairman Gort, who then led those present in a pledge of
allegiance to the flag.
1 6/8/00
1. PRESENTATIONS.
(1) EVA PORRO AND RAMON FERRER — CERTIFICATE OF APPRECIATION FOR
ASSISTING IN KEEPING POWER LINES CLEAR OF FOLIAGE IN COCONUT GROVE;
(2) ALBERT RUDER, RAUL GARCIA, OFFICER AUDREY ECKERT — DEVELOPED
DOG PARK;
(3) "AUDREY ECKERT DAY" — OFFICER AUDREY ECKERT, ANIMAL ACTIVIST;
AND 18 YEAR VETERAN OF POLICE DEPARTMENT;
(4) DR. GREGORY BUSH, TINA HILLS, LINDA EADS — CERTIFICATE OF
APPRECIATION FOR SERVICE AS MEMBERS OF BAYFRONT PARK MANAGEMENT TRUST.
NOTES FOR THE RECORD:
Vice Chairman Gort announced that Commissioner Sanchez would not attend meeting due to death
in his family.
Commissioner Teele entered the Commission Chamber at 9:49 a.m.
2
6/8/00
•
2. CONSENT AGENDA.
i
Vice Chairman Gort: On with.the regular Agenda. Do we have any other items? Consent Agenda.
Commissioner Teele: Do we have the Public Works item on the Consent Agenda? That sidewalk that I
saw, that's not on the Consent?
Vice Chairman Gort: No. That's on the regular Agenda.
Commissioner Teele: Mr. Chairman, I would move the Agenda, the Consent Agenda.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
THEREUPON, MOTION DULY MADE BY COMMISSIONER TEELE AND SECONDED BY
COMMISSIONER WINTON, THE CONSENT AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
NOTE FOR THE RECORD: PURSUANT TO CITY CODE SEC. 2-33(I), 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,
UNLESS BY A UNANIMOUS VOTE OF ALL THE COMMISSIONERS PRESENT, THE CITY
COMMISSION CONSIDERS SUCH CONSENT ITEM AS A REGULAR ITEM AT THE SAME
MEETING.
3 6/8/00
2.1 CONSENT TO ASSIGNMENT OF CURRENT CONTRACT WITH DATA STORAGE CENTERS,
INC., TO IRON MOUNTAIN RECORDS MANAGEMENT, INC., FOR PROVISION OF A
COMMERCIAL RECORDS MANAGEMENT AND STORAGE FACILITY.
RESOLUTION NO. 00-475
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, CONSENTING TO THE ASSIGNMENT OF THE
CURRENT CONTRACT WITH DATA STORAGE CENTERS, INC. TO
IRON MOUNTAIN RECORDS MANAGEMENT, INC., FOR THE
PROVISION OF A COMMERCIAL RECORDS MANAGEMENT AND
STORAGE FACILITY, FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONSENT TO ASSIGNMENT, IN
SUBSTANTIALLY THE ATTACHED FORM.
2.2. APPROVE PROCUREMENT OF LAWN EQUIPMENT REPLACEMENT PARTS AND REPAIR
SERVICE FROM VARIOUS VENDORS, AWARDED PURSUANT TO EXISTING MIAMI-DADE
COUNTY BID FOR THE BAYFRONT PARK MANAGEMENT TRUST, $15,000; ALLOCATE
FUNDS FROM ITS OPERATING BUDGET.
RESOLUTION NO. 00-476
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING THE PROCUREMENT OF LAWN
EQUIPMENT REPLACEMENT PARTS AND REPAIR SERVICE
FROM VARIOUS VENDORS, AWARDED PURSUANT TO
EXISTING MIAMI -DADS COUNTY BID NO. 5079 -2/02 -OTR, ON AN
AS -NEEDED CONTRACT BASIS THROUGH MARCH 31, 2001,
SUBJECT TO FURTHER EXTENSIONS BY MIAMI-DADE COUNTY,
FOR THE BAYFRONT PARK MANAGEMENT TRUST, AT A
PROPOSED ANNUAL AMOUNT NOT TO EXCEED $15,000;
ALLOCATING FUNDS THEREFOR FROM ITS OPERATING
BUDGET.
4 6/8/00
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2.3. APPROVE PROCUREMENT OF TURF AND IRRIGATION SUPPLIES FROM VARIOUS
VENDORS, AWARDED PURSUANT TO EXISTING MIAMI-DADE COUNTY BID FOR THE
BAYFRONT PARK MANAGEMENT TRUST, $12,000; ALLOCATE FUNDS FROM ITS
OPERATING BUDGET.
RESOLUTION NO. 00-477
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING THE PROCUREMENT OF TURF
AND IRRIGATION SUPPLIES FROM VARIOUS VENDORS,
AWARDED PURSUANT TO EXISTING MIAMI-DADE COUNTY BID'
NO. 0476-2/99-2, . ON AN AS -NEEDED CONTRACT BASIS
THROUGH JUNE 30,2000, SUBJECT TO FURTHER EXTENSIONS
BY MIAMI-DADE COUNTY, FOR THE BAYFRONT PARK
MANAGEMENT TRUST, AT A PROPOSED ANNUAL AMOUNT
NOT TO EXCEED $12,000; ALLOCATING FUNDS THEREFOR
FROM ITS OPERATING BUDGET.
2.4. APPROVE PROCUREMENT OF FERTILIZER FROM ROBERT R. WISEMAN & ASSOCIATES,
INC., D/B/A ATLANTIC F.E.C. FERTILIZER CHEMICAL COMPANY, AWARDED PURSUANT TO
EXISTING MIAMI-DADE COUNTY BID FOR THE BAYFRONT PARK MANAGEMENT TRUST,
$8,000; ALLOCATE FUNDS FROM ITS OPERATING BUDGET.
RESOLUTION NO. 00-478
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PROCUREMENT OF VARIOUS TYPES OF FERTILIZER FROM
ROBERT F. WISEMAN & ASSOCIATES, INC., D/B/A ATLANTIC
F.E.C. FERTILIZER CHEMICAL COMPANY, AWARDED
PURSUANT TO EXISTING MIAMI-DADE COUNTY BID NO.
JV5052-2/01, ON AN AS -NEEDED CONTRACT BASIS THROUGH
OCTOBER 31,2000, SUBJECT TO FURTHER EXTENSIONS BY
MIAMI-DADE COUNTY, FOR THE BAYFRONT PARK
MANAGEMENT TRUST, AT A PROPOSED ANNUAL AMOUNT
NOT TO EXCEED $8,000; ALLOCATING FUNDS THEREFOR FROM
ITS OPERATING BUDGET.
5 6/8/00
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2.5. AUTHORIZE ALLOCATION OF FUNDS, $14,000 FROM 25TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR REHABILITATION OFTEN BUSINESSES
IN THE FLAGAMI AREA, WITH SMALL BUSINESS OPPORTUNITY CENTER, INC. ("SBOC") TO
ADMINISTER SAID PROGRAM.
RESOLUTION NO. 00-479
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE ALLOCATION OF FUNDS
IN THE AMOUNT OF $14,000 FROM THE 25TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS PROJECT NO. 799602,
FOR THE REHABILITATION OF TEN (10) BUSINESSES LOCATED
IN THE FLAGAMI AREA, DESIGNATING THE SMALL BUSINESS
OPPORTUNITY CENTER, INC. ("SBOC") AS THE ORGANIZATION
ADMINISTERING THE PROGRAM AND TO DISBURSE FUNDS TO
THE PARTICIPANTS; AND AUTHORIZING THE CITY MANAGER.
TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH SBOC TO ADMINISTER SAID
PROGRAM.
2.6. AUTHORIZE ALLOCATION OF FUNDS, $16,450 FROM 25TH YEAR CDBG FUNDS FOR
REHABILITATION OF 12 BUSINESSES LOCATED IN THE FLAGAMI AREA UNDER CITYWIDE
COMMERCIAL FAQADE PROGRAM; DESIGNATING SMALL BUSINESS OPPORTUNITY
CENTER, INC. AS ORGANIZATION TO ADMINISTER PROGRAM AND DISBURSE FUNDS.
RESOLUTION NO. 00-480
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE ALLOCATION OF FUNDS
IN THE AMOUNT OF $16,450 FROM THE 25TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS PROJECT NO. 799602,
FOR THE REHABILITATION OF TWELVE (12) BUSINESSES
LOCATED IN THE FLAGAMI AREA UNDER THE CITY-WIDE
COMMERCIAL FAQADE PROGRAM, DESIGNATING THE SMALL
BUSINESS OPPORTUNITY CENTER, INC. ("SBOC") AS THE
ORGANIZATION ADMINISTERING THE PROGRAM AND TO
DISBURSE FUNDS TO THE PARTICIPANTS; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY WITH SBOC TO
ADMINISTER SAID PROGRAM.
6 6/8/00
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2.7. AUTHORIZE PROCUREMENT OF COURIER SERVICES FROM VARIOUS VENDORS,
AWARDED PURSUANT TO EXISTING STATE OF FLORIDA CONTRACT, $22,000, FOR
DEPARTMENT OF PURCHASING, UTILIZED CITYWIDE; ALLOCATING FUNDS FROM
VARIOUS USER DEPARTMENTS.
RESOLUTION NO. 00-481
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE PROCUREMENT OF
COURIER SERVICES FROM VARIOUS VENDORS, AWARDED
PURSUANT TO EXISTING STATE OF FLORIDA CONTRACT NO.
991-160-00-1, EFFECTIVE THROUGH APRIL 30, 2003, SUBJECT TO
FURTHER EXTENSIONS BY THE STATE OF FLORIDA; IN AN
AMOUNT NOT TO EXCEED $22,000 ANNUALLY, FOR THE
DEPARTMENT OF PURCHASING, TO BE UTILIZED CITYWIDE;
ALLOCATING FUNDS THEREFOR FROM VARIOUS USER
DEPARTMENTS, REQUIRING BUDGETARY APPROVAL FROM
INDIVIDUAL DEPARTMENTAL ACCOUNTS PRIOR TO USAGE.
Vice Chairman Gort: Item 2.
Commissioner Teele: Mr. Chairman, may I inquire about one thing?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: On the Consent Agenda, Madam Director, Mr. Manager, the courier services, how
many applied and how many did we award?
Judy Carter (Director,' Purchasing): This has to do with the courier services? Yes. First. of all, this is a
State —
Commissioner Teele: First of all, your name and address for the record.
Ms. Carter: First of all, my name is Judy Carter, Director of Purchasing. And that is a State contract. We
have come before you asking for authorization, because over the years, particularly this last fiscal year, we
have found an increased need for those services aggregately throughout the City of Miami. Some of the
major users of that contract are the Police Department, in particular. We also — the Planning Department
is another heavy user, as well as the Finance Department. Now, this has to do with in-state/out-of-State.
This is not your delivery down the street around the corner. We're talking about items that need to leave
out of this particular area. The State contract offers discounts, and it has a whole list of various courier
service providers that the users can choose from, including Federal Express, UPS (United Parcel Service),
et cetera, et cetera.
Commissioner Teele: Ms. Carter, did you read the Manager's memorandum to us?
7 6/8/00
Ms. Carter: On this item?
Commissioner Teele: Yes, ma'am.
Ms. Carter: What is the item number again, sir?
Commissioner Teele: CA -7.
Ms. Carter: OK. Yes. I'm responsible for preparing it.
Commissioner. Teele: All right. So let me just read this, and explain it to me. It is respectfully
recommended that the Commission adopt the attached resolutions with the attachments from various
vendors under the existing State contract effective through April 30, 2003.
Ms. Carter: Uh-huh.
Commissioner Teele: For the Purchasing Department to utilize Citywide on an as -needed basis. Now, I
heard what you said. And let me just tell you, I should commend you for using a State contract. I think
we've turned that page. And it took me a year and a half —
Ms. Carter: You encouraged me to turn that page.
Commissioner Teele: Huh?
Ms. Carter: You encouraged me to turn that page.
Commissioner Teele: Well, it took us a year and a half to get there, and I think it's far more efficient.
And I think there's a tremendous use. When I looked at this, there are virtually no Miami businesses —
OK? — on this.
Ms. Carter: Well, that doesn't —
Commissioner Teele: Miss, please.
Ms. Carter: OK.
Commissioner Teele: Please. There are no Miami businesses. The memorandum says that this is for
Citywide services. Now, you've explained that it's not Citywide, it's Statewide, and we have this need. It
just — the memorandum that is presented before us, which I understand, and that's just somebody — that
just happened —
Ms. Carter: Sir, please let me give some clarification for purpose of the Commission as well as the public.
When we speak of —
Commissioner Teele: If I could make my point. If I could make my point. I think it's really important
that we try — and I don't want to go back to where we've been, and that is everything's got to be City of
8 6/8/00
Miami. I mean, you know, if a car dealer is selling a car that's five hundred dollars ($500) cheaper on the
other — in Coral Gables, I don't have a problem buying the car for the cheapest price. I mean, there's no
reason, you know. And I'm not of the school of thought that everything has got to be local. But I am of
the school of thought that some unique local services ought to try to be local. And the only thing I want to
do —. I don't want to get into a discussion on this. I've voted for it, OK? .I'd like to just get a list of the
vendors that we have that are approved for Citywide courier services, because this is clearly not Citywide.
I mean, some of them are in Atlanta, Georgia. The vendor list that is associated with this is clearly a
Statewide list. The closest one. I think is in Miramar. Jacksonville, Miramar, Tampa, Tallahassee,
Tallahassee, Atlanta, Quincy, Madison, Jacksonville, Orlando, Pompano, Tampa, Jacksonville. And I
should say these are Statewide services, and they're also local. I mean, Federal Express, for example, is
probably expressed in Atlanta. And we all know there's a huge Federal Express presence here. The only
point I'm trying to make is I'd like a list of the local vendors, if we have one, that we have an open
contract with, because I think we spend a lot of time asking people being paid twelve dollars ($12) an
hour, twenty dollars ($20) an hour and even forty dollars ($40) an hour to deliver things around here,
when, in fact, we could have it delivered by a courier for twelve dollars ($12) an hour. Time is money.
And one of the problems that we have — and I know I see this at the CRA (Community Redevelopment
Agency), I see this in my own office. I don't need my Chief of Staff delivering something that could just
as easily be delivered; you know, by a courier for twelve, fourteen dollars ($14) on a point basis. So if
you would just give us a list of the local couriers, I — I support this. I think it's a good step forward, and
I'd be very happy to hear anything that you have to say.
Ms. Carter: Thank you so much, sir. First of all, do know that this contract, when it speaks of Citywide, it
speaks of the Citywide needs of all of the user departments. That is what "Citywide" means. It means
that it will have a contract in place. Any user department can tap into that contract, .allowing us to
efficiently and expeditiously process a PO (purchase order) in order that the services may be provided.
Now, secondly, this service has more to do with when we have needs that are out of this County. By no
means are we precluding our ability to identify and utilize local couriers when I need to go Overtown, or I
need to go and have something delivered down on the south end. That kind of contract is still available as
blanks for respective departments.
Commissioner Teele: Did you hear my question? My question was just give us a list. We acknowledge
that. I acknowledge that. I mean I don't --
Ms. Carter: Well, I want to let you know that we've issued purchase orders for it, and we plan to continue
doing that..
Commissioner Teele: And all I'm asking you for is a list of the contractors.
Ms. Carter: No problem at all.
Commissioner Teele: That's a simple request. Give us a list of the contractors that are available
Citywide, if you use that terminology, or City Government -wide that can deliver City — within the local
area. OK, please?
Ms. Carter: Absolutely.
9 6/8/00
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Commissioner Teele: Thank you.
Vice Chairman Gort: Thank you.
Commissioner Teele: Mr. Chairman, may I ask what the order of the day is?
Vice Chairman Gort: Commissioner, may I expand on this a little bit? I think you have brought an
excellent point. Mr. Manager, we're in the process now of looking at the budget and seeing how we can
be more efficient, and reduce it and so on. And that is a very good point. I don't know how many
individuals we have that we pay full salary plus benefits to do just the work that can be done by a courier.
I think that's something that each department should look into and you might be able to save some funds
in there. Commissioner Teele, the order of the day today is to follow the Agenda. There are some few
changes here but --
Commissioner Teele: Well, what time are we going to break for lunch, and when are we going to come
back?
Vice Chairman Gort: We break at 12 o'clock always. And we'll probably come back at 3 o'clock or — it
all depends on the Agenda, itself.
Commissioner Teele: All right, 3 o'clock is — I just wanted to know.
Vice Chairman Gort: OK. Well, if you want it at 4 or 5, it's fine. You tell me. OK?
10 6/8/00
3. COMMENTS MADE BY COMMISSIONER TEELE REGARDING AVAILABILITY OF
CHIEF OF POLICE AT 5:00 P.M. TO DISCUSS DOCUMENTS RECEIVED BY THE MAYOR
(DONALD WARSHAW NOTES) [See Section #54].
Commissioner Teele: Mr. Chairman, I would like to ask that the Police Chief be available this afternoon
around 5 or 6. I want to discuss with you the report and the copy of the documents that I've received
related to the Mayor, and the Police Department and the Manager. And I want to have a candid and open
discussion about what is going on, and what has been done, or what has not been done around 5 or 6
today.
Vice Chairman Gort: OK. Thank you.
Commissioner Teele: Thank you.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: I would also like to address other issues that I think is related with the Chief of
Police. I don't know if you want to do it now or in that context.
Vice Chairman Gort: No, let's do it later. Let's do it all at the same time later on. I think there was an
article that came out yesterday, and I think in answer —
Commissioner Teele: 5:30 today?
Vice Chairman Gort: Yes. In answer to that article today, I ,think it was a pretty good answer.
Commissioner Teele: I specifically ask that you don't bring a delegation of Assistant Chiefs, Deputy
Chiefs, Majors, Colonels, Bureau Chiefs, et cetera, please. Just whatever you think is appropriate.
Commissioner Winton: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Winton: Commissioner Teele, I'm not -- are you talking about the newspaper article or did
you say a memo that you saw?
Commissioner Teele: I'm referring, I think, to the newspaper article, but I also have a copy of the notes,
the purported notes that --
Commissioner Winton: Oh, OK, right. I'm clear now.
Commissioner Teele: And I assume you have that, as well.
Commissioner Winton: Yes, I do, right.
11 . 6/8/00
Commissioner Teele: And I would like to discuss that with the Chief.
12 6/8/00
4. APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE PURCHASE OF TWELVE
FIREFLIR THERMAL IMAGING SYSTEMS FROM FLIR SYSTEMS, INC. THE SOLE. SOURCE
PROVIDER, FOR DEPARTMENT OF FIRE -RESCUE, $102,000, ALLOCATING FUNDS FROM
CAPITAL IMPROVEMENT PROJECT FUNDED BY FIRE ASSESSMENT.
Vice Chairman Gort: Item 2, sole source, Fire, F -L -I -R. Do I have a motion?
Commissioner Regalado: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Discussion. Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 00-482
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF SOLE
SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDS AND APPROVING THE PURCHASE OF TWELVE
(12) FIREFLIR THERMAL IMAGING SYSTEMS FROM FLIR
SYSTEMS, INC., THE SOLE SOURCE PROVIDER, FOR THE
DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO
EXCEED $192,000; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT NO. 313304, ACCOUNT NO.
289401.6.840, FUNDED BY THE FIRE ASSESSMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
13 6/8/00
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Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
14 6/8/00
5. APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDS; AND APPROVE PURCHASE OF A
"RETURN FIRE SYSTEM" TO UPGRADE POLICE FIREARMS TRAINING SYSTEM SIMULATOR,
FROM FIREARMS TRAINING SYSTEMS, INC., THE SOLE SOURCE PROVIDER, FOR
DEPARTMENT OF POLICE, $4,799; ALLOCATING FUNDS FROM DEPARTMENT OF POLICE
ENTREPRENEURIAL FUND.
Vice Chairman Gort: Item 3, a resolution authorizing the waiving of sealed bids.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-483
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR
FIFTHS (4/5THS). AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF SOLE
SOURCE, WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDS; AND APPROVING THE PURCHASE OF A "RETURN
FIRE SYSTEM" TO UPGRADE THE POLICE FIREARMS TRAINING
SYSTEM SIMULATOR, FROM FIREARMS TRAINING SYSTEMS,
INC., THE SOLE SOURCE PROVIDER, FOR THE DEPARTMENT OF
POLICE, IN AN AMOUNT NOT TO EXCEED $4,799; ALLOCATING
FUNDS THEREFOR FROM THE DEPARTMENT OF POLICE
ENTREPRENEURIAL FUND, ACCOUNT CODE NO.
126001.290402.6.840.
(Here follows body of resolution, omitted here and on file in the office of the City Clerk.)
15 6/8/00
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
16 6/8/00
6. WAIVE REQUIREMENTS FOR COMPETITIVE NEGOTIATIONS, APPROVE AND
CONFIRM MANAGER'S FINDING ' TO NEGOTIATE PROVISIONS FOR PROFESSIONAL
SERVICES FOR CONSTRUCTION AND MANAGEMENT OF (OVERTOWN YOUTH CENTER)
PUBLIC, EDUCATIONAL AND RECREATIONAL PROGRAMS AT GIBSON PARK.
Vice Chairman Gort: Management agreement between the — my understanding is this has-been pulled? —
between the City of Miami and Overtown Youth Center.
Commissioner Teele: Why is it being pulled?
Commissioner Winton: Is it pulled?
Vice Chairman Gort: Is that still on? Item 4, management agreement between the City of Miami and
Overtown Youth Center.
Commissioner Teele: Look, there's been a whole lot of discussion. I think we need to go forward and
approve this. If Mr. Margulies or whatever doesn't want to go forward, that's up to. him. But this thing
has gone on now for six months.
Vice Chairman Gort: OK. Make a motion.
Commissioner Teele: Has it been noticed and advertised in the newspaper?
Laura Billberry (Director, Asset Management): Yes, it has.
Commissioner Teele: For purposes- of discussion, I would move the approval of the item.
Commissioner Winton: Second.
Vice Chairman Gort: Discussion.
Commissioner Teele: I'd like to hear from the staff, because I understand that there's been a delay, a
frustration, a whole lot of things, and I'd like to here at least get it on the record.
Ms. Billberry: OK. Laura Billberry, Director of Asset Management. I was contacted recently in May
about the CRA (Community Redevelopment Agency) had been working with Mr. Margulies regarding a
lease proposal. And at that time, I did not have the authority to go and enter into a lease, and was going to
have to bring the matter before this Commission, which that stimulated a meeting between the parties. In
order to try and expedite the request, it was decided in that meeting that due to the Code amendment that
we had earlier this year, the City now had the ability to enter into an agreement. with Mr. Margulies or the
foundation that would be created directly, and we would ask for this waiver of competitive negotiations on
this Agenda, and we would schedule the management agreement within a couple weeks.
Commissioner Teele: Look, one of the problems is this: You remember the discussion and the debate that
we've had for over a year. We finally got the Management to agree to move forward with the legislation
that authorized the Manager to do what we're doing now. That legislation was not approved until -
17 6/8/00
Ms. Billberry: January of this year.
Commissioner Teele: -- January of this year. Mr. Marguelis came here, I think, in — in August, or July or
September. I know that he had had private discussions with the Mayor and with Dena Bianchino for
almost a year. But the staff was never apprised of all of that. In fact, the Parks Department found that
there had been negotiations for over a year the day of the press conference. So this is sort of an
embarrassment, to be very candid, I think, to all of us. Mr. Marguelis, who I think is a very understanding
person, and a person of substantial means, has volunteered to do this. Under the previous legislation, the
City really didn't have the authority to do that, but the CRA did. Once the City had the authority to do
what we're proposing, I asked the CRA to butt out, if you will, and to let the Parks Department, the
Planning Department and Asset Management work forward. I think the only issue that is outstanding —
and I do know that Mr. Marguelis has had discussions, at least he said to someone, with Mayor Penelas
and with Merritt Stierheim, and they are looking at another location, and that's life in America, in the big
City. But the only issue was I think an insistence that there be at least a fund available, in case the
fundraising doesn't work out on the operation so that we could operate it for at least six months to allow a
transition in case the fundraising efforts -- Is that a fair statement? Is that the only open issue, really?
Ms. Billberry: Well, I don't know if that's the only open issue at this point. I know that was definitely a
concern about having a six-month guarantee. And we talked about that guarantee could be replaced in the
form of reserves in the future.
Commissioner Teele: And I understand he did not want to make any form of guarantee. And I can
understand that. And I specifically said, well, don't make him personally guarantee it, but let the
foundation make the guarantee. But I think everyone can understand that we've had -- In Overtown, I can
name three things that the Overtown community stood up and applauded, and everybody walked away,
and it didn't happen. I'm talking now about Miami -Dade Community College's Miami-Dade/Overtown
Partnership which was Herald -editorialized, everybody saluted it. When they had a change in the
President, change in direction, first thing they did, they wrote a check for a hundred thousand dollars
($100,000) and said, we're out of here. We had something related to health where every kid in Overtown
was going to have inoculations. and shots. That's gone. That initiative is gone. We had Mr. Arrison, Ted
Arrison to commit to build a field house, similar to this. That never happened for whatever reason. The
two million dollar ($2,000,0000) commitment at the same time the City was going to award them the right
to play in the Old Arena. And that was a firm commitment, newspapers, editorials. That's gone. There
was also another great millionaire who came to town and said, anybody who finishes high school in this
class will have a scholarship to college. He's gone. OK? So I think it's fair that the City — and none of
those kids, God bless them — I hope they all go to college, but the wonderful gentleman, who was a
millionaire, who made that promise is gone, and nobody knows about where that commitment is, or where
that commitment can be fulfilled. I think it's responsible on the part of the City to at least insure that once
this field house is built — and I think the funds are there to build it, 100 percent. The Parks Department
has said, we don't have the money to operate it. The foundation has said, we will operate it free of charge.
I think that's all good. I think they ought to be able to build it. The only thing is there ought to be some
reserves that if worst comes to worst that we have a transition period to come in and figure out what we're
going to do. The worst thing for us is to read in the newspaper that a private foundation has shut its doors,
worst case, worst case. Certainly, we don't hope that. And I think it's prudent that we ask for some kind
of guarantee. I don't think it should be a personal guarantee. The foundation should do it. But I think we
18 6/8/00
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should complete this transaction. If he doesn't want to sign it, it's up to him. I support it. I strongly
support it. And I thank you, Mr. Manager, for allowing your staff, the Planning Department, the Asset
and the Parks Department to work with him on this. And I would hope the Law Department would
immediately develop a lease agreement that is satisfactory in form and substance to the City and transmit
it. And if they don't want to go forward, it's up to them. But at least we will have done our part.
Mr. Carlos Gimenez (City Manager): Mr. Commissioner, it's my intent to call Mr. Margulies myself and
see if we can resurrect this if it is falling apart, and have this facility built in Overtown. There may be
other ways that we can, you know, help with assuring that the funding is there for operations.
Vice Chairman Gort: OK. Any further discussion? It's an ordinance. Read it.
Commissioner Teele: It's a resolution.
Vice Chairman Gort: It's a resolution. What's the ordinance back here? Resolution. All in favor state it
by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-484
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, WAIVING THE REQUIREMENTS
FOR COMPETITIVE NEGOTIATIONS,. AND RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING THAT IT IS ADVANTAGEOUS AND PRACTICABLE FOR
THE CITY MANAGER TO NEGOTIATE THE PROVISIONS FOR
PROFESSIONAL SERVICES FOR THE CONSTRUCTION AND
MANAGEMENT OF PUBLIC, EDUCATIONAL AND
RECREATIONAL PROGRAMS AT GIBSON PARK, LOCATED AT
450 NORTHWEST 14TH STREET, MIAMI, FLORIDA (THE
"PROPERTY"); AND AUTHORIZING THE CITY MANAGER TO
NEGOTIATE A MANAGEMENT AGREEMENT WITH OVERTOWN
YOUTH CENTER, INC., A NON-PROFIT CORPORATION, FOR THE
CONSTRUCTION AND MANAGEMENT OF A PORTION OF THE
PROPERTY FOR THE PURPOSE OF PROVIDING PUBLIC,
EDUCATIONAL AND RECREATIONAL OPPORTUNITIES FOR THE
COMMUNITY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
19 6/8/00
0
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr
Commissioner Johnny Winton
Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
20 6/8/00
7. FIRST READING ORDINANCE: AMEND SECTION 54-190 OF THE CODE ("STREETS
AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS") TO MODIFY
WIDTH OF CERTAIN STREETS, AVENUES AND PLACES IN OVERTOWN.
Vice Chairman Gort: Item 5, amendment to the City Code, first reading ordinance amending Code
Section 54-190.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Discussion? Being none —
Alejandro Vilarello (City Attorney): This is an ordinance.
Note For The Record: At this point, the City Attorney read the ordinance by title into the public record.
Vice Chairman Gort: Yes.
Commissioner Teele: Would you ask the Director just to explain very briefly what we're doing and why
we're doing it?
Vice Chairman Gort: Mr. Jackson.
John Jackson (Interim Director, Public Works): Good morning. John Jackson, acting Director of Public
Works. Basically, this ordinance amends streets in the Over -town area, street widths. They were — the
streets have been rebuilt according to the widths that — we're amending it back to some while ago. It was
— they were increased to 70 and 75 -foot wide streets. And now we're reverting back to what the street
width is currently. And the streets have been — are rebuilt according to the width that we are amending
this resolution to.
Commissioner Teele: Why are we doing it? Just simply, why we're doing it, on the record.
Mr. Jackson: Well, basically, the properties in the Overtown area are already at the — at the present time
and we'll have to take dedications in order to increase the width to the. seventies. But for any
improvements —
Commissioner Teele: If we met - if the streets met the other standard, the higher standard, we'd wind up
taking buildings and businesses, largely, to do anything like build parking lots, et cetera. Is that a fair
statement?
Mr. Jackson: Yes. We would have to take dedications.
21 6/8/00
' Mr. Jackson: Yes. We would have to take dedications.
Commissioner Teele: I mean, if we — if the streets on Second Avenue met the standard width, we
wouldn't have a Lyric Theater. I mean we —
Mr. John Jackson: Absolutely correct, yes.
Commissioner Teele: We'd go right through the center — I mean right through about a third of the front.
So that's why. we're doing it, so that we can preserve the historic nature and the unique nature, and
recognize that the community is built up and we don't need to destroy the community to upgrade it.
Mr. Jackson: That's correct, sir.
Commissioner Teele: All right. Thank you.
Vice Chairman Gort: OK. Any further discussion? Call the question.
An Ordinance Entitled —
AN ORDINANCE AMENDING CHAPTER 54/ARTICLE V/SECTION
54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA AS
AMENDED, ENTITLED "STREETS AND SIDEWALK/BASE
BUILDING LINES/NONSTANDARD. STREET WIDTHS,"TO
MODIFY THE WIDTH OF ,CERTAIN STREETS, AVENUES AND
PLACE IN THE OVERTOWN COMMUNITY, MIAMI, FLORIDA;
CONTAINING A REPEALER POVISION AND A SEVERABILTY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Teele, seconded by Commissioner Regalado, and was passed on first
reading, by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
Vice Chairman Gort: Item 6, I was requested to have it later on this afternoon. Item 7 has been
withdrawn.
22 6/8/00
S. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND, "PROGRAMS
FOR THE DEVELOPMENTALLY DISABLED, FY 2000-2001"; APPROPRIATING FUNDS $372,792,
CONSISTING OF GRANT, $10,138 FROM STATE OF FLORIDA DEPARTMENT OF CHILDREN
AND FAMILIES AND GRANT, $362,654 FROM STATE OF FLORIDA AGENCY FOR HEALTH
CARE ADMINISTRATION MEDICAID PROGRAM DEVELOPMENT.
Vice Chairman Gort: Item 8. Ordinance for the new Special Revenue Funds Program for Development,
Disability. This is for the grant. Do I have a motion?
Commissioner Winton: So move.
Commissioner Regalado: Second.
Vice Chairman Gort: It's an emergency ordinance. It's been moved and seconded. Any discussion?
Alejandro Vilarello (City Attorney): This is an emergency ordinance, Commissioner.
Vice Chairman Gort: Yes. Roll call.
An Ordinance Entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "PROGRAMS FOR THE DEVELOPMENTALLY
DISABLED, FY 2000-2001"; APPROPRIATING FUNDS FOR ITS
OPERATION IN THE ESTIMATED TOTAL AMOUNT $372,792,
CONSISTING OF A GRANT ESTIAMTED AT $10,138 FROM THE
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND
FAMILIES AND A GRANT ESTIMATED AT $362,654 FROM THE
STATE OF FLORIDA AGENCY FOR HEALTHCARE
ADMINISTRATION MEDICAID PROGRAM DEVELOPMENT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
was introduced by Commissioner Winton and seconded by Commissioner Regalado, 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: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
23 6/8/00
Whereupon, the Commission on motion of Commissioner Winton and seconded by Commissioner
Regalado, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
SAID ORDINANCE WAS DESIGNATED ORDNANCE NO. 11932.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
24 6/8/00
•
0
9. AUTHORIZE CITY MANAGER TO ACCEPT TWO GRANTS TO FUND PROGRAMS FOR
THE DEVELOPMENTALLY DISABLED ADMINISTERED BY PARKS AND RECREATION
DEPARTMENT THROUGH ITS PROGRAMS FOR PERSONS WITH DISABILITIES; FROM STATE
OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, $10,138 AND FROM STATE OF
FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, MEDICAID PROGRAM
DEVELOPMENT, $362,654.
Vice Chairman Gort: Item 9 is a resolution accepting the Development Disability Program Grant.
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved. Is there a second? Is there a second?
Commissioner Winton: We need a second down there.
Vice Chairman Gort: Hello?
Commissioner Teele: Second.
Vice Chairman Gort: Second. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner.Winton, who moved its adoption:
RESOLUTION NO. 00-485
A RESOLUTION OF THE MIAMI • CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ACCEPT TWO GRANTS
TO FUND PROGRAMS DURING THE PERIOD OF JULY 1, 2000
THROUGH JUNE 30, 2001 FOR THE DEVELOPMENTALLY
DISABLED WHICH ARE ADMINISTERED BY THE PARKS AND
RECREATION DEPARTMENT THROUGH ITS PROGRAMS FOR
PERSONS WITH DISABILITIES AS FOLLOWS: (1) FROM THE
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND
FAMILIES, IN THE ESTIMATED AMOUNT OF $10,138 AND (2)
FROM THE STATE OF FLORIDA AGENCY FOR HEALTH CARE
ADMINISTRATION, MEDICAID PROGRAM DEVELOPMENT, IN
THE ESTIMATED AMOUNT OF $362,654; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR ACCEPTANCE AND IMPLEMENTATION
OF SAID GRANTS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
25 1 6/8/00
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: Norte
ABSENT: Commissioner Joe Sanchez
26 6/8/00
10. TABLE DISCUSSION OF PROPOSED AMENDMENT OF CODE SECTION "CABLE
TELEVISION" (See #19).
Vice Chairman Gort: Item 10. You guys didn't think you were going to be on so fast.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: Can we temporarily pass this? I mean, I don't think they're ready. I mean they're
— they're all scrambling. They're all down in Dadeland somewhere.
Vice Chairman Gort: No, I think they're here.
Commissioner Regalado: No, they're here.
Commissioner Teele: Oh, they're here?
Commissioner Regalado: Yeah, they're here.
Vice Chairman Gort: Why would they be in Dadeland? This is here.
Commissioner Teele: Well, they've got their corporate headquarters there. Are they all here?
Commissioner Regalado: I think they are.
Commissioner Teele: I'm not talking about the City staff. I mean —
Vice Chairman Gort: Item 10, are we ready or --?
Commissioner Winton: And I'm ready to get through with it.
Commissioner Regalado: Well Mr. Chairman —
Commissioner Teele: Mr. Chairman, I would ask that we bring up Item 10 at 11 o'clock and give
everybody a chance to be here. We need to make sure that the — Are all the AT&T (American Telephone
and Telegraph) corporate staff here?
Aldo Stancato: They're here. They're in your office right now meeting with the Habitat —
Commissioner Teele: They're trying to work out that Habitat for Humanity issue?
Mr. Stancato: Correct.
27 6/8/00
Commissioner Teele: They have a serious problem with Habitat in the way they -- We made an
agreement with them that they would park or drive their trucks not through residential areas. This is a
zoning issue. And I don't want to bring that issue up. I would hope that they can agree on it.
Mr. Stancato: I think they're on their way in here right now.
Commissioner Teele: Could we just bring it up in like 30 minutes?
Vice Chairman Gort: OK, give us a.chance to get it together. My understanding is that it's some — some
individuals here that might have some questions. So you might want to talk to them, also. OK.
Commissioner Teele: Some people have questions about this?
Vice Chairman Gort: Yes.
Commissioner Teele: Why don't you all just take them back in the room and meet with them. Bring it up
10:45.
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, Item 11 is related. Item 11 is related.
Vice Chairman Gort: Right. We're going to Item 12. We're giving you 30 minutes so you can go and get
your act together.
Commissioner Teele: We'll give you 30 minutes.
28 6/8/00
11. SECOND READING ORDINANCE: AMEND SECTION 40-105(c) OF THE CODE,
"PERSONNEL/CIVIL SERVICE RULES AND REGULATIONS," BY INCREASING ANNUAL
VACATION ACCRUAL RANGES FOR CLASSIFIED MANAGERIAL AND CONFIDENTIAL
EMPLOYEES FROM AN ADDITIONAL EIGHT TO SIXTY HOURS.
Vice Chairman Gort: Proposed amendment to the Civil Service rules. This is a second reading ordinance.
Do I have a motion?
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: This is second reading. Yes.
Commissioner Teele: I'd like to just have a very clear understanding about the -- The Civil Service
amendment thing, you know, we're —
Vice Chairman Gort: Can I have a second first?
Commissioner Teele: Second for discussion.
Vice Chairman Gort: Second. Discussion.
Commissioner Teele: This Civil Service thing is very tricky. And again, we've institutionalized a lot of
bad practices and a lot of unique creations that each Manager has come about. Just slow down and
explain to me, what does our union agreement require as it relates to nonexempt persons, and ratios and all
of that between career and/or Civil Service and non -career? Don't we have a limit? Don't we have a
limitation on the number of non -career persons that each Department can have?
Priscilla Thompson (Executive Secretary, Civil Service Board): Priscilla Thompson Secretary, City of
Miami Civil Service Board. According to our Charter, we have .a limit to the number of unclassified
positions that each department can have.
Commissioner Teele: That's in the Charter?
Ms. Thompson: That's in the Charter.
Commissioner Teele: And Johnny, this is -- Is the Labor Relations person here? I don't want to put you
in -- What does that Charter provision exactly say?
Sue Weller (Labor Relations Officer): The Charter provision does not talk about managerial and
confidential employees. It talks about unclassified positions.
Commissioner Teele: All right. Well, unclassified.
29 6/8/00
Ms. Weller: OK. It basically spells — Angela Bellamy really knows that piece of it. Go ahead.
Angela Bellamy (Director, Human Resources): Good morning.
Commissioner Teele: Eventually, the lawyer is going to weigh in on it.
Ms. Bellamy: Good morning, Commissioners. Angela Bellamy, Director of the Department of Human
Resources. The Charter specifies all of the classifications that are included in the unclassified service. It
lists, for example, that employees that are part of the City Commission staff, employees in the City
Manager's staff, it says that any positions that are within the Police Department that are above the rank of
Captain will be unclassified.
Commissioner Teele: The Charter says this?
Ms. Bellamy: Yes. It's — I think --
Commissioner Teele: The Charter says this?
Ms. Bellamy: Yes. It differentiates in the Fire Department. It will say the rank above the rank of Chief
Fire Officer will be unclassified employees. And that's why when the Civil Service rule says that you're
limited to five assistants to the Director, that's where you get the five. But you've got positions in
addition to those that are listed specifically in the Charter. It also says that any attorney — I think it's —
Commissioner Teele: Let's don't get into the attorneys issue.
Ms. Bellamy: OK. All right.
Commissioner Teele: But what I'm really trying to get on the record for Commissioner Winton is that
there's a series of archaic provisions that have been buried in here. They were obviously written by — with
all due respect — the unions, or with substantial influence by unions. And that doesn't mean it's bad, and it
doesn't necessarily mean that it's good. But I would hope that some kind of revision of the Charter would
look at this, because what has happened is this: If you look for the NET (Neighborhood Enhancement
Team), which is probably one of the more effective departments in terms of the taxpayers, you won't find
it in your budget, because of this archaic provision. It's treated — NET is treated, for budget purposes, as a
non -departmental — something that's sort of under the Manager, to get around all of this. And part of what
we've got to do is we've got to clean this whole thing up. I mean, we've had to create, by necessity,
certain provisions to avoid certain things. I mean, I really think one of the main problems with the NET
structure is because of the Charter provisions, it can't be a department. And therefore, when we
appropriate to NET, it's appropriated literally to the Manager's office, I assume. Or is that — it started off
sort of as a pilot project. And I think one of the great things that Cesar Odio did was the NET thing, and
give him, you know, him his due. And it was run out of the Manager's Office. But NET —
Ms. Bellamy: You're correct, Commissioner. That's exactly right, because —
Commissioner Teele: That was one of the great things he did?
30 6/8/00
•
Ms. Bellamy: No, that it was.part of the unclassified — it was —
Commissioner Teele: But in any event, it was a pilot program. And Johnny, the point that I'm trying to
make is if you get the budget book and we start looking at this thing, the reason that NET is funded off
line and through these surreptitious kinds of things is because our own Charter -- And I think, with all due
respect to Charlie Cox, who can speak for himself, I don't think Charlie would object to us having a NET
process or a neighborhood process that is somewhat exempt from the rules or at least to grandfather in
what we're doing now as it relates to that. But we've not really dealt with trying to make this Charter
current date. And that was one of the things that I wanted to make, in the context of the Charter reform.
And why we get into all of these surreptitious things sometimes is not necessarily for criminal or sinister
reasons. It's just that our own Government has got us, so -- And I want to bring this up today when we
talk to the Police Chief, because I really do think one of the basic problems with the Police Department is
the provision that you just said. What was that? You said that what?
Ms. Bellamy: - I want to — I said Captain, anything above the rank of Captain. But what I'd like to do is
read exactly what it says. It says Assistant Chiefs of the Police Division — at that time, it was the Police
and Fire Division — all ranks in the Police Division above the rank, classified rank of Police Captain, all
Chief — Assistant Chiefs of the Fire Division, Chief of Fire Prevention -- It lists all of the different class —
Commissioner Teele: Does anything in our Charter prohibit us from having a senior police officer that is
a career employee?
Ms. Bellamy: No. That is a career employee, meaning that it's a Civil Service employee.
Commissioner Teele: Is there any reason -- Is there any — because I want you to read it, what it says. If
we were to put in — like in the British system, where you have a Director General or a — or a Permanent
Secretary in the British system, or in the Federal Government system where you have an SES, a — that it
has the rank of Assistant Secretary, or Deputy Attorney General, if there were to be a process that would
come from the Management that would authorize that, is. there any reason why the Charter would prohibit
that? Because one of the things we're going to have to deal with.is continuity. And we're going to have
to deal with somebody that can say no to the Chief, somebody that can say no to the Manager, somebody
that can say no to the Attorney, somebody that can say no to the Mayor and Commission, and not have to
worry about, "Am I going to get fired, or promoted or transferred the next day?"
Ms. Bellamy: Well, what I can say is currently, the unclassified ranks go to Captain. So it .sounds like
you're speaking of something higher than the rank of Captain, because we have —
Commissioner Teele: If it — suppose it's not even ranked.
Ms. Bellamy: Right.
Commissioner Teele: Suppose it's — the title is Director General. Suppose the title is — what's the Federal
system's — Senior Executive Service, you know, the old GS -15, and then they had super grades after that?
That's who makes all the decisions in all the Government agencies, by the way, are career bureaucrats.
Everybody talks about these career bureaucrats.
3.1 6/8/00
Ms. Bellamy: I understand. It would have to be an unclassified position.
Commissioner Teele: Why?
Ms. Bellamy: It's —
Vice Chairman Gort: It's the Charter. We need to change it.
Commissioner Teele: But why —
Vice Chairman Gort: Is that what you're saying?
Ms. Bellamy: Because part of the FOP (Fraternal Order of Police) contract — and this_ is where Sue Weller
would explain — only specifies those classifications that are included in the career service.
Commissioner Teele: But a career person who is not a police officer, perhaps, but may be authorized to
carry a badge, and a gun, and all of that.
Ms. Bellamy: Right; right. And they can —
Commissioner Teele: Like you have in the Department of Justice —
Ms. Bellamy: And they can be unclassified.
Commissioner Teele: -- like you have in the Treasury Department, like you have in the FBI (Federal
Bureau Of Investigations).
Unidentified Speaker: Commissioner, I think what you're getting at is something similar to what New
York has. They have a Commissioner, and then they have, say within the Police Department, they have a
Police Chief, or the Fire Department has a Fire Chief. The Fire Chief position is an operational position,
and he is a — it's a classified position. Whereas the .Commissioner is basically a political or unclassified
position.
Commissioner Teele: But what I'm talking about is not Chiefs and Commissioners, but classified
positions, whether the job be titled Director General or Chief, it's the — or GS — they used to call them GS -
18's in the old Federal system. They call them now FDS's — but a career person. When Janet Reno has to
go to Congress and defend her decision not to bring in a special prosecutor, she's defending herself
against a memo written by a career person who's there, who cannot be hired or fired because the Attorney
General doesn't like them or the President doesn't like them, who is entitled to Civil Service protection.
And that's true, I can tell you. When I ran the Urban Mass Transportation Agency, I had to get signoffs
on every grant that I gave by a career person that I couldn't hire or fire, at least seven different signoffs.
The Directors of Program, the Director of Policy, the Director of Budget, all of them, with the exception
of the General Counsel. I just think it's something that Commissioner Winton needs to take under
advisement in his role, and that's the only reason that. I'm bringing it up.
32 6/8/00
Vice Chairman Gort: Let me give you a suggestion. And Commissioner Winton, it's your board. What I
did is when I was assigned this job, what I did, I requested through the Manager that each department
would come up with recommendations of changes they believed that would help the City be more
efficient. So once again, that's something you can request.. And.I think Commissioner Teele has come up
with an excellent idea. We need to revise all those things.
Commissioner Teele: Commissioner Gort, I certainly concur with you. But I'm going to tell you
something. The kinds of changes that this City needs are not going to come from within. They're going
to come from the media. They're going to come from the Chamber. They're going to come from this
board, because the problem that we're going to talk about today is there is no -- Everybody in this
Government that is at the level that we deal with can be hired or fired by the Manager or by the Mayor
firing the Manager and getting down, and we wind up looking like a banana republic, even if we're not.
Vice Chairman Gort: Right, right.
Commissioner Teele: And we need to begin to operate with some safeguards for career civilians at the
Police Department, at the Fire Department, and everywhere around here that can look us in the face and
say, "Commissioner, we don't agree with what you're recommending," or "Mr. Manager, we don't
agree," and know that they're not going to be sent to Siberia or as we used to say in the County, the dock
master of Black Point Marina.
Vice Chairman Gort: Commissioner, I think you're right on .target, and that's something that we want to
work from — from the past. But if you send those recommendations — I worked from those
recommendations. I didn't accept it 100 percent. I changed and deviated from it. But at least we have
base of where to go from. And we'll be — the final decision is made by us here. Let's face it.
Commissioner Winton.
Commissioner Winton: It seems to me, not having been in the middle of this yet, that the job in front of
this Charter Review Committee is going to be a multi -tiered job. You know, we're going to — you all
want some things done quickly, like in two months. Well, those are going to be the easier issues that we
can get at. We still have to have some public hearings, but they're going to be the easier issues to get at.
There seems to me that what we really want is this Charter Review Committee to move on for a longer
period of time so that we can get into the real meat and potatoes and details of some of these — some of
these more difficult kinds of issues and really thrash them out appropriately. So those, I don't see us
getting done in this two-month period, but the other things do. So I think we're going to have to carry this
thing on beyond the two-month period where we want to get some of the round one things done.
Vice Chairman Gort: You're the Chairman. It's your job.
Commissioner Teele: You're the Chair. You're the man.
Vice Chairman Gort: You're it.
Commissioner Winton: We need to get appointments, too, by the way. We'll talk about that later.
33 6/8/00
Vice Chairman Gort: You got it. You got my appointments. And you've got some real good people,
technical people and so on. OK. Is there any further discussion?
Commissioner Teele: Mr. Chairman, may I just ask that the staff to just point out what this provision
does? I know I've taken us way off track, and I apologize. I wanted to make that point to Commissioner
Winton.
Ms. Thompson: What this provision does is just allows for an increase in the accrual rate for classified
managerial confidential employees. These people are part of our Civil Service system. Now they'll be
able to accrue a larger number of hours of vacation time. We already have a set number. Because of the
enhanced benefit package, that number is going to be increased. Therefore, in order to make sure that the
package is in agreement with the Civil Service rules and regulations, we must make that change.
Vice Chairman Gort: OK. Now, my understanding is any classified employee that is promoted to a
managerial position, if for some reason he's fired from the managerial position, he goes back to his Civil
Service —
Ms. Thompson: No. We're talking about — you're thinking about unclassified positions
Vice Chairman Gort: I mean the unclassified, yes.
Ms. Thompson: That's correct. If an individual holds Civil Service status —
Vice Chairman Gort: Right.
Ms. Thompson: -- and that individual moves to unclassified service, they still have Civil Service
protection to their former —
Vice Chairman Gort: So they can always go back to their
Ms. Thompson: As long as that position has not been abolished and there's - it's still in the system.
Vice Chairman Gort: OK. Then if the Manager abolishes — that's the question — the Manager abolishes
that position, then what happens to that person? He's fired.
Ms. Thompson: If the — if the position is abolished, first of all, that person may have had other rights to
other Civil Service positions, so that person would get a chance to go back to his or her former position
that is still in effect.
Vice Chairman Gort: I understand. But if there's none?
Ms. Thompson: If there is none, then, actually, the rules provide that the person is out the door, as we say.
They do not have any other rights. That's what the rules provide for.
Commissioner Teele: But it's — it's called retreating. It's a retreating. And it is — there's a (inaudible)
volume, but it really allows you to retreat, not to their previous job, but to any classification.
34 6/8/00
•
Ms. Thompson: Not according to our Civil —
Commissioner Teele: Oh, God.
Ms. Thompson: -- our Civil Service rules and regulations.
Commissioner Teele: That's very restrictive.
Ms. Thompson: We are.
Vice Chairman Gort: OK.
Commissioner Teele: That's very restrictive.
Vice Chairman Gort: Any further discussion?
Commissioner Teele: Who can abolish a position?
Vice Chairman Gort: The Manager.
Ms. Thompson: No. The department --
Commissioner Teele: No.
Ms. Thompson: The Director of the Department of Human Resources.
Vice Chairman Gort: And who does she work for?
C
Commissioner Teele: So when the Commission approves a budget — Mr. Attorney, help me now, because,
see, this is where I'm trying to say this is wrong. When the Commission approves a budget, didn't we
require by ordinance that they have to submit us with an organization chart, and positions in that budget?
Alejandro Vilarello (City Attorney): The ordinance, the Appropriations Ordinance limits the number of
positions without specific approval of the City Commission.
Commissioner Teele: I thought the ordinance that I proposed and had adopted was an ordinance that said
when the budget is submitted; it will include a table of organization and positions with the budget. And
that's where you got into the problem where the Manager created a department. That's contained also in
the Anti -Deficiency, as well, where you can't remove, or create or extend. And that's where you got into
that trouble. I think we ought to look at that again. I think when we do our budget, we need to insist -- as
the Oversight Board does, that we give them an organization chart — that the Manager gives us an
organization chart, department by department, with positions, and we're approving the budget that
includes positions, as well as the numbers.
35 6/8/00
0
Mr. Vilarello: Commissioner, the ordinance, as it was approved by the City Commission, limited the
number of positions. If you, if the City Commission limits the Manager's ability to work within the
budget and work within the appropriate number of employees that you've authorized, then you're
intruding on the management rights of the City Manager to more efficiently operate a department or a
division, based on a reduced number of employees.
Commissioner Teele: Well, I will tell you this. I take great exception to that, because I will tell you that
is the prerogative of the legislative body. And every, every, every congressional process in the State, as
well as the Federal authorizes the legislative body not just to appropriate money, but to appropriate
departments and to appropriate positions. We cannot put names of people in there, but if we want to
approve a department of whatever, that's our prerogative. And we'll discuss that in the budget context.
But I really do think that it would be very helpful if the legislative budget process — because again, I think
the authority that we have is limited to the budget as it relates to this. But the budget includes positions.
It includes departments. And the Anti -Deficiency specifically addresses that. And that's why when the
Manager created the Department.of Economic Development; he did so in violation of the Anti -Deficiency,
as far as I'm advised.
Unidentified Speaker: Well, Commissioner, the Administration is ready to come forward with a budget
that has, you know, what you asked.
Commissioner Teele: Yeah.
Unidentified Speaker: There's the number of positions in each department, and that will be a part of the
budget documents.
Commissioner Teele: Thank you. Thank you.
Commissioner Winton: But if there's going to be a debate about it — because there's a clear difference
between what Commissioner Teele is saying and what the City Attorney is saying. And Commissioner
Teele, just — and I'm frankly pretty nervous about the thought you're proposing here, because, frankly, I
don't feel that just because the State or the Federal Government does it means it's good. You know,
there's a lot of bad policy in Government all across the board here. And from a business standpoint, what
you're suggesting doesn't make any sense to me at all. Now, from a governmental —
Commissioner Teele: Well, I think that every board of directors of every corporation approves —
Commissioner Winton: They don't —
Commissioner Teele: One of the committees that you set up is a personnel committee. That's one of the
core committees. And you talk about well-run business companies —
Commissioner Winton: But the personnel committees do not make decisions about individual jobs.
That's a management decision.
Commissioner Teele: And no one else is saying — I'm not saying that, either.
36 6/8/00
9
Commissioner Winton: Oh, you're not?
Commissioner Teele: No, I'm not saying that at all.
Commissioner Winton: Try that on me again.
Commissioner Teele: Why don't we discuss it in the budget context.
Commissioner Winton: Good idea. Great.
Vice Chairman Gort: Thank you. You know, one of the things I've been say for — since I got here is we
set up standards and we make sure that everybody has to abide by those standards. And if there's no
deviation from those standards, we'll never have any problems. And that's some of the things we have to
do with this to direct us and so on. OK. Any further discussion? Roll call.
Mr. Vilarello: It's an ordinance of the Miami_ City Commission.
NOTE FOR THE RECORD: At this point, the City Attorney read the ordinance into the public record.
Vice Chairman Gort: Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 40/ARTICLE III OF THE CODE OF THE CITY OF MIAMI,
FLORIDA AS AMENDED, ENTITLED: "PERSONNEL/CIVIL
SERVICE RULES AND REGULATIONS"; BY INCREASING THE
ANNUAL VACATION ACCRUAL RANGES FOR CLASSIFIED
MANAGERIAL AND CONFIDENTIAL EMPLOYEES FROM AN
ADDITIONAL EIGHT TO SIXTY HOURS; MORE PARTICULARLY
BY AMENDING SECTION 40-105 (c); CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
37 6/8/00
Passed on its first reading, by title, -at the meeting of May 25, 2000, was taken up for its second and final
reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Teele,
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 Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
THE ORDINANCE WAS DESIGNATED ORDNANCE NO. 11933.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
38 6/8/00
12. SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND "CITY OF
MIAMI PROGRAMS FOR PERSONS WITH DISABILITIES MIAMI-DADE COUNTY ADA
GRANT" AND APPROPRIATING FUNDS, $46,453.41 FROM MIAMI-DADE COUNTY, OFFICE OF
AMERICANS WITH DISABILITIES ACT ("ADA") COORDINATION 1999-2000 GRANT FUND.
Vice Chairman Gort: Item 13 is an ordinance accepting a grant for disability from Dade County.
Commissioner Teele: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
Alejandro Vilarello (City Attorney): An ordinance of the Miami City —
Vice Chairman Gort: I'm sorry.
NOTE FOR THE RECORD: At this point, the City Attorney read the ordinance into the public record.
Vice Chairman Gort: Roll call.
An Ordinance Entitled —
AN ORDINANCE MIAMI CITY COMMISSION ESTABLISHING A
SPECIAL REVENUE FUND ENTITLED "CITY OF MIAMI
PROGRAMS FOR PERSONS WITH DISABILITIES MIAMI-DADE
COUNTY ADA GRANT" AND APPROPRIATING FUNDS FOR ITS
OPERATION IN THE AMOUNT OF $46,453.41 FROM MIAMI-DADE
COUNTY, OFFICE OF AMERICANS WITH DISABILITIES ACT
("ADA") COORDINATION 1999-2000 GRANT FUND;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT
AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
39 6/8/00
L
Passed on its first reading, by title, at the meeting of May 25, 2000, was taken up for its second and final
reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner Winton,
the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO: 11934.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
40 6/8/00
•
13. SECOND READING ORDINANCE: AMEND SECTION 6 OF ORDINANCE NO. 11705 AND
ORDINANCE NO. 11839, TO CORRECT AN ERROR IN A PREVIOUSLY APPROVED CAPITAL
IMPROVEMENT PROJECT AND TO ADD NEW CAPITAL IMPROVEMENT PROJECTS FOR THE
DEPARTMENT OF PARKS AND RECREATION.
Vice Chairman Gort: Item 14 is a resolution authorizing acceptance of two hundred and eighty-two
thousand dollars ($282,000) for the different parks from the Park bonds.
Commissioner Teele: I thought it was an ordinance.
Commissioner Winton: Ordinance.
Vice Chairman Gort: How comes it says resolution?
Alejandro Vilarello (City Attorney): Fourteen?
Vice Chairman Gort: An ordinance. Sorry.
Albert Ruder (Director, Parks): No, it's an ordinance. It's a second reading ordinance.
Vice Chairman Gort: Yes, go ahead.
Commissioner Winton: So move.
Commissioner Regalado: Move it.
Vice Chairman Gort: Second?
Commissioner Teele: Second.
Vice Chairman Gort: Read the ordinance.
NOTE FOR THE RECORD: At this point, the City Attorney read the ordinance into the public record.
Vice Chairman Gort: Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
SECTION 6 OF ORDINANCE NO. 11839, TO CORRECT AN ERROR
IN A PREVIOUSLY APPROVED CAPITAL IMPROVEMENT
PROJECT AND TO ADD NEW CAPITAL IMPROVEMENT
PROJECTS FOR THE DEPARTMENT OF PARKS AND
RECREATION, TO BEGIN DURING FISCAL YEAR 1999-
2000;CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
41 6/8/00
Passed on its first reading, by title, at the meeting of May 25, 2000, was taken up for its second and final
reading, by title, and adoption. On motion of Commissioner Regalado, seconded by Commissioner Teele,
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 Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11935.
The City Attorney read the ordinance into public record and announced that copies were available to the
members of the City Commission and to the public.
Vice Chairman Gort: Item 15 has been deferred, withdrawn. 16 has been withdrawn.
42 6/8/00
14. FIRST READING ORDINANCE: AMEND SECTION 2-923 OF THE CODE, `BOARDS,
COMMITTEES, COMMISSIONS," TO PERMIT EXECUTIVE DIRECTOR OF INTERNATIONAL
TRADE BOARD TO EXERCISE DISCRETION REGARDING EXCUSABLE BOARD MEMBER
ABSENCES.
Vice Chairman Gort: Seventeen.
Commissioner Teele: So move, Mr. Chairman. I'm sorry. Commissioner Winton, you're chairing the —
Commissioner Winton: I'll second the motion.
Vice Chairman Gort: OK. It's an ordinance. Any discussion? Read it.
NOTE FOR THE RECORD: At this point, the City Attorney read the ordinance into the public record.
Vice Chairman Gort: Roll'call.
An Ordinance Entitled
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI,
FLORIDA AS AMENDED, ENTITLED `BOARDS, COMMISSIONS"
TO PERMIT THE EXECUTIVE DIRECTOR OF THE
INTERNATIONAL TRADE BOARD TO EXERCISE DISCRETION
REGARDING EXCUSABLE BOARD MEMBER ABSENCES; MORE
PARTICULARLY BY AMENDING SECTION 2-923; CONTAINING A
REPEALER PROVISION AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Teele, seconded. by Commissioner Winton, and was passed on first
reading, by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
43 6/8/00
15. APPROVE .SALE OF CITY -OWNED PROPERTY LOCATED AT 3410 FROW AVENUE TO
WIND & RAIN,. INC., ESTABLISH $20,000 AS AMOUNT TO BE PAID TO CITY BY
AFOREMENTIONED CORPORATION FOR PROPERTY.
Vice Chairman Gort: Item 18, sale of 3410 Frow Avenue.
Lori Billberry (Director, Asset Management): Hi. Lori Billberry, Director of Asset Management. This
item is a resolution authorizing the sale of the property at 3410 Frow to Wind & Rain, at a cost of.twenty
thousand dollars ($20,000). This is a property that. was acquired by the Police Department through a
forfeiture action., It was previously put out to bid, but no bids were received. So we're recommending
that it be sold under the affordable housing provision where Wind & Rain will construct or reconstruct this
house. It needs to be gutted. It's been — it's functionally obsolete, as well as damaged inside, and will
have to be rebuilt. And they will do this within 18 months. And otherwise, the property will revert to the
City. There also will be a pilot on the property running with the deed. There is also an —
Vice Chairman Gort: Lori, excuse me a minute.
Ms. Billberry: Uh-huh.
Vice Chairman Gort: Mike, could .you please ask the people on the side here to have their meeting some
other place? Thank you. I'm sorry. Go ahead, ma'am.
Ms. Bilberry: Additionally, there is an outstanding mortgage on this property that with interest, and
penalties and principal at this time is about forty thousand dollars ($40,000). There .is a new mortgage
company that has recently purchased the mortgage, and this new company is now willing to settle and get
this property out of their hands, and they agreed to accept the purchase price of twenty thousand, with the
City being reimbursed for its expenses in the amount of about seven thousand.
Commissioner Winton: So move.
Vice Chairman Gort: OK. It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Further discussion? Being none, all in favor, state it by.saying "aye.
The Commission (Collectively): Aye.
44 6/8/00
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-486
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING` THE SALE OF CITY -OWNED
REAL PROPERTY LOCATED AT 3410 FROW AVENUE, MIAMI,
FLORIDA (THE "PROPERTY"), TO WIND & RAIN, INC., A
FLORIDA CORPORATION; ESTABLISHING $20,000 AS THE
AMOUNT TO BE PAID TO THE CITY OF MIAMI BY THE
AFOREMENTIONED - CORPORATION FOR THE PROPERTY;
AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE
AND SALE AGREEMENT (THE "AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED. FORM, AND TO
CONSUMMATE' SUCH TRANSACTION IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH
TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY
BE NECESSARY IN ORDER TO EFFECT SUCH SALE IN AN
EXPEDITIOUS MANNER.
(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: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: . None
ABSENT: Commissioner Joe Sanchez
45 6/8/00
16. APPROVE AND CONFIRM MANAGER'S FINDING ' OF EMERGENCY, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND ACCEPT PROPOSAL OF FERNANDO
Z. GATELL, PLS, INC., FOR PROVISION OF SURVEY SERVICES RELATING TO SUBMISSION
OF APPLICATIONS TO STATE OF FLORIDA FOR LEASING, DISCLAIMERS, AND WAIVER OF
DEED RESTRICTIONS FOR PROPERTIES LOCATED IN DINNER KEY AREA, $22,765.
Vice Chairman Gort:. Nineteen. Emergency purchase of surveying services.
Lori Billberry (Director, Asset Management): OK. Item 19 is the ratification of the City Manager's
action in accepting a proposal from Fernando Gatell for survey services in the Dinner Key area at a cost of
approximately $22,765. These are surveys ,that are required in order to meet our obligations under our
Grove Harbor lease, and in order to move forward on the Coconut Grove Convention Center.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gott: It's been moved. Is there a second?
Commissioner Regalado: Seconded.
Commissioner Teele: Why couldn't you all buy off of an existing contract? Don't we have a series of
contracts for surveyors?
Ms. Bilberry: At the time that we were doing this, they were not in place. But, yes, they are in place at
this time.
Commissioner Teele: Thank you.
Vice Chairman Gott: OK. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
46 6/8/00
Ll
r7
L .J
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-487
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR
FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING
AND CONFIRMING THE CITY - MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS, AND ACCEPTING THE PROPOSAL
OF FERNANDO Z. GATELL, PLS, INC. FOR THE PROVISION OF
SURVEY SERVICES RELATING TO SUBMISSION - OF
APPLICATIONS TO THE STATE OF FLORIDA FOR LEASING,
DISCLAIMERS, AND WAIVER OF DEED RESTRICTIONS FOR
PROPERTIES LOCATED IN THE DINNER KEY AREA, IN AN
AMOUNT NOT TO EXCEED $22,765; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 810101-270.
(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: Commissioner Tomas Regalado
Commissioner Arthur E. Teele; Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
47 6/8/00
17. AUTHORIZE MANAGER TO EXECUTE CONSENT ORDER WITH STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION TO PROVIDE RESOLUTION TO THE
MATTER OF DREDGING WITHOUT BENEFIT OF A VALID PERMIT FROM DEPARTMENT OF
ENVIRONMENTAL PROTECTION.
Vice Chairman Gort: Item 20, authorizing execution of consent order.
Lori Billberry (Director, Asset Management): This consent order will resolve a dredging violation that
occurred during the reconstruction of the docks behind the Dinner Key Boatyard. The actual dredging
was done by Bennell (phonetic) Foundation, and it was at the direction of the City. We thought that all
permits were in place at the time. Coastal Resources was the party responsible for obtaining the permits,
but they claim that they are not liable, because they did not direct Bennell (phonetic) to do the actual
dredging. In order to proceed with all our various obligations to Grove Harbor with respect to the waiver
of deed restriction, and lease and so forth in that area, we feel it is necessary that we proceed in executing
this consent order and —
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and it's been seconded.
Commissioner Regalado: Is that the only thing that was stopping the Grove Harbor?
Ms. Billberry: Yes. It is —
Commissioner Teele: Mr. Chairman —
Ms. Billberry: The item is tentatively on the trustees' agenda for the 27th, so that should be moving
forward now.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: I hope you'll brief Commissioner Winton on the real story here, and how this has
transpired. I think that -- But we had an opportunity to get this done three years ago, and the City decided
we were going to do it in-house. And again, it's an example, I think, of how we really have got to use
what Commissioner Winton's always talking about, good business practices. The fact that a Government
agency wants to do it, it's no reason that it should — we should do what's best, both in terms of dollars and
time. Time is money, as well as dollars. And thank you for bringing it to a long conclusion. Call the
question.
Vice Chairman Gort: OK.
Commissioner Teele: All in favor? Did we vote?
Walter Foeman (City Clerk): No.
48 6/8/00
Vice Chairman Gort: All in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-488
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT
ORDER, IN SUBSTANTIALLY .THE ATTACHED FORM, WITH THE
STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL
PROTECTION, TO PROVIDE FOR RESOLUTION TO THE MATTER
OF DREDGING WITHOUT BENEFIT OF A VALID PERMIT FROM
DEPARTMENT OF ENVIRONMENTAL PROTECTION;
AUTHORIZING THE CITY MANAGER . TO EXECUTE THE
NECESSARY DOCUMENTS AND TO PERFORM THE CORRECTIVE
ACTIONS OUTLINED IN THE CONSENT ORDER.
(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: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
49 6/8/00
•
18. TABLE: PROPOSED AUTHORIZATION FOR MANAGER TO ENTER INTO COMPETITIVE
NEGOTIATIONS WITH PROVIDER OF A COMPREHENSIVE INTEGRATED DOCUMENT
MANAGEMENT AND INFORMATION RETRIEVAL SYSTEM (LEGISTAR) (See #22).
Vice Chairman Gort: Item 21, legislative agenda, preparation and information tracking.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: With your permission, I would ask that we bring up the AT&T (American
Telephone and Telegraph) item now, because in some ways, this item ties back to that.
Vice Chairman Gort: OK.
Commissioner Teele: Is Mr. Abrams in the building?
50 6/8/00
19. SECOND READING ORDINANCE: AMEND CITY CODE BY REPEALING APPENDIX A
AND REPEALING AND RE-ENACTING CHAPTER 11, "CABLE TELEVISION," PROVIDING
TERMS AND CONDITIONS. FOR OPERATION OF CABLE SYSTEMS AND REQUIREMENTS
RELATING TO GRANT OF LICENSES FOR CONSTRUCTION, OPERATION AND
MAINTENANCE OF CABLE SYSTEMS, EQUIPMENT AND FACILITIES IN CITY'S PUBLIC
RIGHTS-OF-WAY (See #10 & 23).
Vice Chairman Gort: Item 10.
Matthew Leibowitz: Mr. Chairman, members of the Commission, my name is Matthew Leibowitz. I'm
counsel for the City on the AT&T (American Telephone and Telegraph) matters that have gone on now
since — Elaine reminded me my contract was originally signed in 1995. So this has been a -- (inaudible).
We've had a very long, arduous process. Many different people and entities at the table, but at the end of
today, which is today, I am confident that you will find that the package that we have negotiated on your
behalf meets and/or exceeds the expectations of the City. First of all, as you may recall, when we started
this process, we were suffering from a technically grossly deficient system. We were, at best, at the end of
the line in terms of technology. We were able to negotiate, and AT&T has proceeded to build a
technically state-of-the-art system. They are half complete with that construction. And they tell me this
morning that they are on time for the completed construction by September 1, 2001. So for the first time
in the last 15 years, the City of Miami residents will have the benefit of true state-of-the-art technology.
But more than that, we have been able to negotiate and put into these documents a requirement that the
cable operator maintain the system in a state-of-the-art manner. And we were able to get a comparison,
based on the ten largest systems that AT&T operates in the country. And we're not one of them. So we
have a very high standard that they have to perform to. The other problem that we've always had over the
years, just like every other City, but particularly because of our technology deficient system were the
customer services. We were able to negotiate and put into place enhanced customer services that will set
the benchmark for the performance of AT&T. But I think more meaningfully is the enforcement
procedures. You know, the old agreement had some reasonable minimum standards. But what we found
is that as the counsel and as the Administration is that the system was totally inept in terms of
enforcement. If they violated something, so what? You were in a system of arbitration and an endless
process. The only thing that benefited were — the people who would benefit were the lawyers. And you
could never, never bring the company to responsibility. What we've put in place throughout this
document, not only on customer services, but throughout is a system of due process that allows the City to
monitor and enforce this agreement, and require, with financial penalties a true technologically advanced
system, customer service, and all the other, you know, pieces of the puzzle that we've been able to
negotiate and make sure over the entire ten-year term that the City gets the benefit of the agreement.
There are many, many other factors that, you know, aspects of this agreement. One of the things that
Commissioner Regalado was asking for and the City clearly needed was some assistance in terms of the
HUD (Department of Housing and Urban Development) housing, in terms of the cable discounts. We
were originally focused on 1400 units. And I'm — you know, the agreement actually requires AT&T to
provide a letter agreement with us in 30 days after today's action. But we were able to prevail on them to
provide us a letter today, and that letter has been delivered to each one of you. I'll make it part of the
record. But essentially, it says that as a result of this action, all HUD housing, not just the 1400 units that
qualify under certain Federal and State statutes will be entitled to 25 percent discount off the basic cable
service. And secondly, that to the extent any services are under a bulk discount, a bulk structure, so it will
take into consideration, you know, the other services, a similar type discount would be appropriate.
51 6/8/00
Secondly is, you know, we were all concerned about technological divide and the issue of availability of
internet services to our community, and particularly to the folks who do not have the financial resources to
have these services in their homes. While we were striving for free services across the board, you know,
it's a worthwhile, you know, request, what we were able to negotiate was a 25 percent discount for
internet services to all our parks, daycare centers, community centers, so everyone in this City will have
access to the internet, you know, through Government facilities, and parks, and daycare centers at a very
reasonable rate. So I think that was a true benefit. Financially, there are a lot of pieces to the puzzle. Let
me try to just outline them for you. First of all, we started off the process with a claim by AT&T or its
predecessors, going way back to T.CI (Miami Tele-Communications, Inc.) that the City owed eight
hundred twenty-five thousand dollars ($825,000) from the early `90s. We've gotten AT&T to waive that.
Secondly, we get a grant in the amount of two million five hundred thousand dollars ($2,500,000) as a,
you know, an agreed amount, payment for some of the difficulties that the City had with the cable
company under prior ownership and some of their failures. We also received five hundred thousand
dollars ($500,000) of vouchers. These vouchers will be distributed to existing users of cable services in
the City and it will be — these vouchers will be available for a one-year period and will be open for those
people to use for any cable services. You know, one of the — in the games that are played sometimes by
other cable operators is that these things are only to be used for new services. So it's kind of like, you
know, a marketing tool for them to get people to sign up for something new and different. We were able
to negotiate, and AT&T agreed that these vouchers are available across the board, even for basic services.
For the poorest, you know, residents in the City of Miami, they get the benefit of these five hundred
thousand dollars ($500,000). We also received a grant of four hundred thousand dollars ($400,000).
Originally, it was three fifty. It was increased to four hundred. Candidly, this is the cost recovery that
covers our fees because the president of the cable company — and I understand that we've agreed to it —
has labeled it a grant. But so that this Commission knows, in terms of the budgetary process that our fees
are totally covered through this settlement process. We also received an eight hundred thousand dollar
($800,000) grant, which is available to us immediately for purposes of capital equipment. Now, some of
these dollars are subject to a pass-through. Some are — which means that the customers would ultimately
pay a small amount on a monthly fee. Half of them are not. The purpose of having this grant was we
recognized that there is a desire and an appropriate need in the City to upgrade Net -9. To do that, you
need money to buy equipment and capital goods, and that this money is therefore available for that.
Similarly, when the City puts out its RFP (Request for Proposals) for the institutional network, that
network still will have equipment requirements and capital costs, and this money can be used for that
purpose, also. On an ongoing basis, we were able to negotiate a dollar per month per residential
subscriber to support the cable and telecommunications efforts. Half of this, again, will be passed —
subject to a pass-through. Half will not. Now, what does that mean in terms of dollars? That means you
have up to 60 — based on the number of residents today, which, by the way, of course, the cable company
believes, as do we, will increase over the years, and particularly because they're going to finally provide
quality service. But there are right now about 60,000 subscribers. So you're talking about sixty thousand
dollars ($60,000) per month, half of which would be subject to. a pass-through if the City needs those
dollars. But sixty thousand dollars ($60,000) a month, seven hundred twenty thousand dollars ($720,000)
per year, seven point . two five million dollars ($7.25 million) for the ten-year term. So there's a
substantial amount of money available through that ongoing revenue stream. And then finally, we were
able to negotiate a very substantially expanded gross revenue definition of which the City gets the
franchise fees. This was important early on. Unfortunately, because of the State legislation, it's less
important today. But there is still a benefit that the City derives for a period of time, you know, with that
definition. So essentially, I think in summary, while it was an exceptionally long and arduous negotiation,
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and, you know, beyond my experience base, at the end of the day, the residents of the City of Miami and
this City Commission can be very proud that they have clearly one of the best, most detailed, financially
reasonable and supportive franchises in the area of cable television in terms of the entire country.
Vice Chairman Gort: Thank you, sir.
Commissioner Regalado: Question.
Vice Chairman Gort: Question, Commissioner.
Commissioner Regalado: Mr. Chairman and members of the Commission, Mr. Manager, Matthew, I'd
like to congratulate you on the long journey. And I'd also like to congratulate AT&T for what they did.
And when I — and I need to say this on the record, because I think it's important for future business of the
company and other cities dealing. When I started requesting some help for the public housing customers,
the reason I did that is first of all because these are poor people that live in fixed income. There is no way
for the City to regulate the rates of the cable system. But — but mainly because the public housing
buildings in the City of Miami have a very unique location. And this, I think is important for the rest of
the country, because I understand that they couldn't have it in the agreement, because it may mirror
Miami, and other cities will follow the same pattern. But I think it's important that we realize that in no
other major metropolitan City the HUD buildings are located in the path of the airplanes that fly into and
out of the City. The majority of the buildings run by HUD are located in West Little Havana, East Little
Havana, Allapattah and Overtown. And they are right on the path of airplanes. They cannot have their air
antennae because it would be very destructive. So for them, cable is a need, not a luxury. And this. is why
I insisted on this issue. And I really thank you and AT&T. And this will be a signal that the City and
AT&T are taking care of the poor in the City of Miami. So I want to say that. The other question I have
is, is the half a million dollars in vouchers only for residential?
Mr. Leibowitz: I believe so, yes.
Commissioner Regalado: OK. Because you said across the board, and across the board would mean also
for commercial.
Mr. Leibowitz: The commercial users. No, no, there — the half a million dollars is for the residential
subscribers.
Commissioner Regalado: OK. So the discount would be only for residential: And that was going to be
my suggestion or my question in that issue. And my suggestion is also that if the company chooses to,
they could discount in one lump sum on the November or the December bill as a Christmas gift to the
customers in the City of Miami, residential customers I mean. So I don't have any other question other
than we will still have the availability of some of the channels to be used for the City, right?
Mr. Leibowitz: Yes. We have — we have Net -9, and we have up to five channels. And that these five
channels can be used for Government or public access.
Commissioner Regalado: But in order to access those channels, we need to have a live taped program 24
hours a day on Net -9?
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Mr. Leibowitz: Well, it's not 24 hours a day, but it's a substantial amount of programming, correct. And
then we have a usage formula that allows us to go to the second, third, fourth, and ultimately the fifth
channel.
Commissioner Regalado: Right. Which we don't have now, but we'll — I mean we'll try to fix that.
Thank you.
Vice Chairman Gort: Anyone else? I have a question on the vouchers. My understanding is this five
hundred thousand dollars ($500,000) is one time alone, and that's going to be going to 60,000 subscribers.
My understanding is these individuals will receive eight dollars ($8) for one year. And my thought is,
instead of eight dollars ($8) for one year, I don't think — my understanding is the reason behind it is
because of the — all the problems they've had in the past and so on. I believe the City can probably
maximize the five hundred thousand dollars ($500,000) a lot more than people getting eight dollars ($8) in
a month. And I don't know if that can be changed or —
Mr. Leibowitz: Mr. Chairman, in the negotiations, you know, we originally were asking and negotiating
on a much larger amount. And we were able to, you know, create a hybrid, if you will, by virtue of the
cash. Obviously, it's more dear to them than giving up the additional services. So we were able to strike
the deal based upon, you know, the additional vouchers.
Vice Chairman Gort: Vouchers rather than the cash?
Mr. Leibowitz: In addition to the cash.
Commissioner Winton: But who controls the vouchers?
Commissioner Regalado: They do. .
Mr. Leibowitz: The vouchers — well, the vouchers are prescribed fairly specifically in the documents.
Commissioner Winton: Oh.
Mr. Leibowitz: So, you know — for instance, one of the things I was concerned about, where there have
been vouchers used on a smaller basis around the country, they were used for new services. So it was a
marketing tool. And, you know, the residents really weren't getting any benefit. So what we insisted
upon was vouchers, which could be used for any existing services that the customers get.
Commissioner Winton: Well, then, I'm one of the 60,000 subscribers, because I live in the City and I
have cable. So I'm going to get this eight -dollar ($8) voucher?
Mr. Leibowitz: Yes, sir.
Commissioner Winton: Oh, gee.
Commissioner Regalado: See?
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Commissioner Winton: Yeah. I mean I — what do I need an eight dollar ($8) voucher for? I mean, maybe
some of my constituents that live in the Grove with me aren't going to be happy about this, but what do
we need an eight -dollar ($8) voucher for? You know, those eight dollar ($8) vouchers could go to people
who really have a need, not to guys like me who doesn't need that eight dollar ($8) voucher.
Mr. Leibowitz: Well, you know, when you try to look at it from a legal document, you know, I I'm
sensitive to the issue that, you know, certain people are going to need it more than others. But there's no
way legally to craft, that I'm aware of, that we can do it only to certain residents and not others. And what
we were trying to accomplish is, as you're aware, there are a substantial number of people in the City who
do need those eight dollars ($8).
Commissioner Winton: Why couldn't it be done like low-income housing or affordable housing, where
there's an income criteria?
Commissioner Regalado: Well, we just did that with 25 percent discount throughout the year every
month.
Commissioner Winton: All right, fine. And plus the document's already negotiated, and this is all put to
bed, and so we'd have to reopen the negotiations and -- (inaudible). Thank you.
Commissioner Regalado: Come on. It's a Christmas gift, man.
Vice Chairman. Gort: Any further discussion?
Commissioner Teele: I'd like to hear from their people. I've heard from our side.
Ramon Rasco: Thank you, Commissioner Teele. Good morning, members of the Commission. My name
is Ramon Rasco, on behalf of AT&T. And I will only take about two minutes of your time. As Mr.
Leibowitz said, this has been a long and arduous road. At the end of the road is a wonderful, wonderful
contract for the City and its residents. With me on behalf of AT&T are Barry Johnson, who heads up our
public relations for the City of — I'm sorry — for the State of Florida for AT&T; Michael Woods, who
came from Denver, Colorado: He negotiated the contract with your counsel and your very able staff,
Rocky Equsquiza, who heads up governmental relations, and who will be your liaison, and Stuart Easterly,
who will be — who is the general manager in charge of operational issues for AT&T, day-to-day problems.
They are the people, Rocky, and Stuart are the people that you can call on a daily basis, except for the next
two weeks. Stuart is getting married and won't be here for the next two weeks. But —
Vice Chairman Gort: There's no excuse. I mean, there are commitments and he has to take his portable
on his honeymoon.
Mr. Rasco: Call Rocky in the meantime. But they will be here. They are the faces; they are the names.
And the big difference here is that you have now AT&T as your cable operator. And AT&T, as you
know, is — has a long and wonderful history of good service in this community and throughout our
country. And they are reliable, responsible, responsive, and they have committed, as your attorney said, to
build a state-of-the-art system. In fact, this is the only system where they are doing a complete rebuild in
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0
the entire country. And the architecture that is being used is the best available right now. So the City of
Miami will have the very, very best when this is done. To some — before I conclude, I want to — you were
very ably represented in-house and outside. I want to especially thank, on behalf of AT&T Elaine Buza
and your professional staff. They — they just did an absolutely wonderful job in making this happen.
Again, this contract, as your counsel pointed out, the total benefit, in addition to the cost of the rebuild are
eight million dollars ($8,000,000) of benefits to the City. And it's probably the best contract that anybody
has negotiated with AT&T. If you have any questions, I'd be happy to field them.
Vice Chairman Gort: Yes, sir. Thank you. Any questions?
Commissioner Regalado: I'll move it.
Commissioner Regalado: It's been moved. Is. there a second?
Commissioner Winton: Second.
Vice Chairman Gort: My understanding is this is a public hearing.
Alejandro Vilarello (City Attorney): Yes, sir.
Vice Chairman Gort: So we've got to hear from the public. Anyone from the public, under discussion,
that would like to address this contract? You want to address this contract? Yes, ma'am.
Vice Chairman Gort: State your name and address for the record, please.
Isabel Norviella: Good morning. My name is Isabel Norviella. I don't have formal education in English,
but I try to explain that for since '94 —
Vice Chairman Gort: I need your address, ma'am
Ms. Norviella: 1103 Venetia Avenue, Coral Gables, Florida. I am working with cable for many years. I
was on the air before as (inaudible) since '91. And from '94, June 1St through now, I am delivering seven
hours daily of educational documentary to the school system. 97 percent of them receive it with
supporting by myself And I have a pending contract for affiliation for Internet and cable with AT&T.
And I appreciate that they bid it, because we have thousands of people, especially older people that don't
speak English, and they want high quality minority programming. And I am a small businessperson, too.
In the nation, I was 78, small businessperson of the nation. And I want the opportunity to work with
AT&T and with the City of Miami. And I appreciate very much your support.
Vice Chairman Gort: Thank you, ma'am. Anyone else that would like to address this contract, AT&T
contract? OK. Yes, sir.
Commissioner Teele: Mr. Chairman, I have a number of questions and concerns I'd like to raise. Number
one, Mr. Rasco, thank you very much for your presentation. And you referenced the long, and.wonderful
and good service that AT&T has. And I'm wondering, is there any plan to work with the City of Miami in
marketing this new service as we roll out the 2001? I'm not talking now about the contract itself now, but
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if we're going to be partners as we go forward now, it seems to me that the service — and I'm not here to
criticize what's happened. I don't hold you responsible. But I think by most accounts, the service in
Miami for cable has been nothing short of a failure, very unsatisfactory service. If we're going to turn this
around, and you all are committing under the contract to have this system rewired by —
Mr. Rasco: September of 2001
Commissioner Teele: Which is literally about one year from now, a year and a couple of months. Can we
expect that AT&T will work with our Media Department, and the Manager and others in rolling out a
really aggressive marketing campaign that not just sells AT&T, but promotes the City of Miami and
AT&T are working together to make this the best service in the hemisphere and that kind of thing? Is
there —
Mr. Rasco: Yes, sir. The short answer is yes. We are committed. That's why we are here. That's why
Barry Johnson is here. I think you know these people, and they're here to stay. They are looking at this,
at the City of Miami as — and Dade County as a whole, but. particularly the City of Miami as an
opportunity to roll out broad band and to show what the future is as far as cable and internet access.
Commissioner Teele: I'm going to get to that, Mr. Rasco. I've met with one representative of AT&T.
I've noted that he now is registered. I note that you're not registered on behalf of AT&T. I would hope —
Mr. Rasco: I believe I was registered after the last meeting.
Commissioner Teele: And I would hope that we would —
Mr. Rasco: That was around February.
Commissioner Teele: Because I really do think that we need to make sure that this thing -- You know,
the cable history in Miami is not something that I think is going to win any awards. We need to get
everything on the record clean and clear. I would, with permission of the Chair, ask if each of the AT&T
people that are here would come and give their name and address for the record, and acknowledge that
they intend to abide by the terms of the letter of.the contract, those AT&T officials that are present, that
are here, each of them.
Vice Chairman Gort: And their phone number.
Commissioner Teele: The Chairman said your phone number.
Raquel Equsquiza: Commissioner, you have my number, I believe. No. My name is Rocky Equsquiza. I
am —
Commissioner Teele: Let me just say this, Rocky, since you made it sound so personal. Rocky is a great
former legislative aide in Tallahassee, and I mean, I think one of the things that I think AT&T has done
right is that they've had a really first class, first rate group of local professionals that are employees of
AT&T. I'm going to ask questions about these other representatives that — because I don't think it reflects
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diversity at all, and I'm going to ask AT&T about that. But Rocky, I'm happy to say that I do have your
numbers, and I've had a long and wonderful — you've worked very hard for this State:
Ms. Equsquiza: Thank you, Commissioner. I appreciate those kind comments. And I'm happy to be
back. I was working in Tallahassee on behalf of AT&T with the legislature and have relocated here once
again, and will be working both local and State Government affairs. And we'll be happy to answer any
questions any of you have. I also -- unfortunately, was unable to be with us here today, Roxanne Douglas,
Commissioner, who I know. you had the opportunity to meet last week, will head up law and government
affairs on behalf of AT&T for the State of Florida, and has just recently joined our team, and will be here
shortly. Unfortunately, she was traveling and has had a delay in her travels. But I will be sure I set up an
appointment for each of the other Commissioners to have the opportunity to meet with her, as well.
Commissioner Teele: Would you make sure Ms. Douglas is registered also —
Ms. Equsquiza: Absolutely.
Commissioner Teele: -- with our Clerk as a representative, because I think this is something we've really
got to do right. Thank you.
Ms. Equsquiza: Absolutely. We'll make sure we take care of all that. Thank you, Commissioner.
Michael Woods: Good morning. My name is Michael Woods, and I'm with the AT&T Broadband Legal
Department in Denver, Colorado. And I guess just to address one of your concerns, hopefully,
Commissioner, is that we've already tendered an acceptance of this document to the City staff. We've
signed it, and we will be obligated by it. And we have every intention of living up to those obligations.
Commissioner Teele: Broadband, does that mean you all may one day be offering telephone service one
day, possibly, over the cable, possibly? The technology exists?
Mr. Woods: That's possible. When this system is complete with the upgrade, there will be that
technology available or capable of -offering telephony services over that same architecture.
Commissioner Teele: Internet services?
Mr. Woods: Internet services, as well, yes, sir.
Vice Chairman Gort: Let me ask a question. This — and I don't recall reading it in the contract. When
this first came up, I was a kid — I don't know how many years ago. I was told or we were told through the
public — I was not an elected official at that time, but I was very active — that the — through the cable, not
only were we going to be able to see the best of programs, but at the same time, people would be able to
set alarms through the system, were going to have the alarm in their home. That was something that was
committed. And I don't know if the — the technology is there today to do that or it will be there in the
future.
Mr. Woods: That, I think, was certainly a vision of the industry back in the early `80s and even
throughout the `80s. I don't believe that technology was ever perfected, Commissioner --
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Vice Chairman Gort: It's not. The technology is not here. OK.
Mr. Woods: -- to allow that to happen.
Vice Chairman Gort: OK. Thank you.
Barry Johnson: Good morning. My name is Barry Johnson. I'm vice president of corporate. affairs for
AT&T, 9100 South Dadeland Boulevard, Miami. And I just want to echo the message that you brought.
And that clearly is one of the things that we find very important. That is the chance to really show that
this is a crown jewel in our system, because, as you know, we are just entering the cable business. And
this rebuild will give us a totally state-of-the-art system to be very proud of. So we look forward to good
partnership and the opportunity to really showcase Miami's cable system as really being a leader in
America, and we look forward to working with you.
Commissioner Teele: And Barry, my point is.I know AT&T is going to do it, but don't forget the City of
Miami —
Mr. Johnson: We'd be delighted to work with you.
Commissioner Teele: -- and the partnership as we roll out this great PR (public relations) opportunity.
Mr. Johnson: We will certainly do that. We look forward to working with you on that.
Vice Chairman Gort: Not only that. I don't know what your expectations internationally are, but I'm sure
that AT&T would look forward to expanding to, if you already have not done so, to South and Central
America and so on. And as you know, we have a lot of visitors, when they see this that would like to see
it back at their home, too.
Mr. Johnson: Hopefully, that's expansion for the future, right.
Vice Chairman Gort: All right. OK. Thank you, sir.
Mr. Johnson: Thank you.
Stuart Easterly: Good morning. My name is Stuart Easterly. I'm the area general manager for AT&T in
Miami. I've been back in the Miami system for about six months now. I was here when I first began my
career in cable in 1990, '91, '92. I don't think we had any problems then at all. So I'm very happy to be
back now, and hopefully, we'll go back in that same direction. But my vision is to be right here and
available for anyone who needs anything, if it's an operational issue, if it's an employee issue, whatever it
might be. And in my tenure back in the Miami system over the course of the past six months, my first
objective was to get the right people in the right positions. And we have been able to do that in our
Technical Department and our Human Resource Department. And I think as we build the correct, proper
staff for the residents of Miami, then we're all going to see the positive effect of. that. I am available,;my
staff is available. So I look forward to a very strong, very close working relationship with the City. So if
there is an issue with technical, anything that's technical -- there's a chance there could be a problem,
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there could be a glitch. But I want everyone here, of course, on the Commission, the staff to feel very
comfortable to pick up the phone, call me and let me know if there is a problem. And Elaine and I have a
very strong working relationship. I've enjoyed working with her. She knows all my numbers and how to
get me 24 hours a day, seven days a week. Even the two weeks that I'll be out of pocket, if she needs to.
get me, she can get me. But I'm looking forward to the future with the new architecture here, the
(inaudible) architecture. It's an amazing architecture, an amazing investment here in the City. And I
think going forward; we're going to be the trendsetter in the cable world, certainly here in South Florida.
Commissioner Winton: Where is your office?
Mr. Easterly: I'm actually located here in the office on Northwest Seventh Avenue, and I also have an
office in Broward.
Commissioner Winton: Thanks.
Commissioner Teele: Stuart, did you all resolve the issues with Habitat for Humanity, and the parking
issues, the zoning issues?
Mr. Easterly: Yes. We — we did have a chance to discuss issues there. And what Commissioner Teele is
referring to is the parking lot issue with the local office here on Northwest Seventh. Earlier in the year,
the second reading was passed that we did receive the rezoning. We have already made a seventy
thousand dollar ($70,000) deposit with the contractor. The architect plans are done. I have them actually
here with me today. The concern was entering the property from Northwest Seventh Avenue — from the
Court — I'm sorry. Northwest Seventh Court.
Commissioner Teele: From the residential portion.
Mr. Easterly: From the residential side.
Commissioner Teele: Seventh Court, right.
Mr. Easterly: Yes, sir, that's correct. I have already made the call to the office since we met this morning.
I think it was Ms. Morrison that I met with. Ann — I'm sorry — Ann Manning that I met with this morning.
And she expressed a concern of the trucks entering from Northwest Seventh Court. They'll now be
entering and exiting from the alleyway. And when the parking lot is done and the wall is constructed, then
the consumers, the subscribers themselves will also be entering from those entrances and exits.
Commissioner Teele: Mr. Chairman, two final questions. Thank you. Number one, you have a number
of — Mr. Stuart, you have a number of lobbyists here. Are there any African-American lobbyists
registered with the City of Miami, AT&T?
Mr. Easterly: I don't know that Roxanne is registered at this point.
Commissioner Teele: No, no, no. I'm saying — I'm not talking about employees now. I'm talking about
these hired guns, so to speak.
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Mr. Easterly: Can you address that?
Ms. Equsquiza: Commissioner, AT&T has a number of African-American attorneys, consultants and
lobbyists that work with us. At this time, I don't believe any are registered with the City of Miami, per se.
Commissioner Teele: The City of Miami has a very substantial population that is representative of the
total rainbow of America, and we'd like to work with you closely in that area.
Ms. Equsquiza: And we appreciate that, Commissioner. And I think AT&T takes pride in the diversity
that we have not only among our employees, but the contractors and consultants we work with, as well.
Commissioner Teele: And I would note specifically that the top governmental affairs representative of
AT&T that's designated to come to Florida is an African-American —
Ms. Equsquiza: Absolutely.
Commissioner Teele: -- female. And I think that shows the diversity. I'm just concerned about some of
the local issues. Finally, Stuart, please; would you put on the record the name of the lucky lady that
you're going to be marrying?
Mr. Easterly: Do you want her name as of today or as of Sunday afternoon?
Commissioner Teele: As of Sunday afternoon.
Mr. Easterly: As of Sunday afternoon, her name will be Chaz Fernandez Easterly.
Commissioner Teele: Well, congratulations to you all. And if the Mayor's Office would agree, we'd like
to give you a little notation of your marriage. And those of us who — I would like to sign it and wish you
all very well. But we — that's just a pre -acknowledgement that we expect you to be totally involved with
the City of Miami's rollout. And she's not going to see a lot of you, I hope, for the next year.
Mr. Easterly: That's absolutely correct. And she hasn't seen a lot of me for the past three years. So I
think going forward, she will see less. And since this is —
Commissioner Teele: That may be why the marriage works then.
Mr. Easterly: That's a key. And since this is being video taped, I definitely have a commitment, and I
look forward to that commitment, so — with both you and her. Thank you.
Vice Chairman Gort: Thank you. Is there any other questions?
Commissioner Winton: Mr. Chairman.
Vice Chairman Gort: Yes.
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Commissioner Winton: A comment. As a City official, I look forward to this relationship with AT&T.
Barry Johnson and I have worked together for a long, long time. I think it's a great opportunity for our
City. You all have a really outstanding company. And I would like to invite, particularly those AT&T
folks from out of State to really take a hard look at our City. I think we have a lot of great things to offer.
And when you're in the business of expansion or moving departments around the country, or even moving
departments around South Florida, I think that we can make things happen from a — from a Government -
friendly perspective in a better fashion today than you can get in Broward, certainly and in the County,
frankly. So we look forward to working with AT&T on — not only in this partnership, but other ventures
that you have, as well, and hope that we can get you to consider the City of Miami as a home base for any
other kind of operations you might bring along. .
Vice Chairman Gort: Let me add to what Johnny is saying, and I'm sure you're aware of it. This is an
international City. Whatever you do here, people from South, Central America, the Caribbean and all
over the world are looking at it. Thank you all. Do I have any further discussion?
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: You know, Commissioner Regalado was about to say something, and I don't mean
to cut you off, Tomas. But, you know, we've had a lot of discussion, and I know that the Manager, the
former — the Police Chief, the current Police Chief, former Assistant Manager has expressed a lot of
concerns about this. Do we have a real working plan — have you all worked with anybody in Public
Works on how you all are going to -- Do you all agree with us and what we're saying about the repairing
of the streets and not this patching and things that look like worms running down our streets, ,giant worms.
I mean, how is that being worked out? 'Do we have a really good handle around, and have they made a
real commitment that they're not going to just patch up streets and make it look like worms and stuff? If
they —
Vice Chairman Gort: I don't think they're the ones doing that.
Commissioner Teele: Well they -- Are you all going to rewire anything?
Elaine Buza (Telecommunication Administrator): If I can comment on that, Commissioner. Elaine Buza,
Telecommunications Administrator. I feel that to date, AT&T has made a serious commitment to working
with the City. I also don't believe that they are responsible at the moment for the street cut issues. As
Commission —
Commissioner Teele: In other words, when they .roll out this new system, they're not going to be doing
street cuts?
Ms. Buza: If they do any street cuts at all — and at the present time, they appear to be minimal — they will
immediately come and repair that street in accordance with the City Code. They've made a serious
commitment to that. We have monthly meetings the first Thursday of each month with the entire
construction crew with AT&T. We address any issues that come up about the construction. I welcome
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everybody, if you have issues, you know, if you would let me know. I'll be more than glad to bring them
to these monthly meetings. And I do feel they have made a serious commitment today.
Commissioner Winton: Commissioner Teele, as you know, we're working hard to get the NAP (Network
Area Point) located in Miami. And this whole issue over street cutting -- which we are all, as
Commissioners, are in complete lock sync in terms of our view of our streets. However, it seems to me
that one of the things we probably need to do is put together a task force of City employees and industry
people to figure out the appropriate policy moving forward, because the. last message we want to send is a
message to the cable companies that we're going to start messing with them, because the growth industry
in our City is going to be internet-related business between Latin America and North America. And so
what we want to do as a Government is figure out the appropriate mechanism and put the proper policies
in place to deal with this as an issue that continues to encourage those businesses to come to Miami and
work in a user-friendly Government, and at the same time, protect the public interest. And so it seems to
me that's what we need to do.
Vice Chairman Gort: Johnny, I think we're trying to do that. But I think the subcontractors, they're the
ones that hire the subcontractors, and they should make sure that they comport with all the City ordinances
and they comply with it.
Commissioner Winton: But it isn't as simple as that, as I'm learning. And -- like the NAP. You know,
one month ago, I thought NAP was something I did in the afternoon. And now it turns out it's very
complicated. And in laying cable and getting access to the rights-of-way for getting cable — and there's
going to be much more done — there has to be some better system than the one we've got in place right
now, which is subcontractors coming and cutting up our street. We've got to figure out a different way to
get this done that meets everybody's needs.
Vice Chairman Gort: OK. Any further discussion? This is a resolution? An ordinance? Oh, I was
reading 11. OK. We're on 10. Read the ordinance.
NOTE FOR THE RECORD: At this point, the City Attorney read the ordinance into the public record.)
Vice Chairman Gort: Roll call.
63 6/8/00
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE "CODE OF THE CITY OF MIAMI, FLORIDA" BY REPEALING
APPENDIX A AND REPEALING AND RE-ENACTING CHAPTER 11
ENTITLED, "CABLE TELEVISION" PROVIDING THE TERMS AND
CONDITIONS FOR THE OPERATION OF CABLE SYSTEMS AND
THE APPLICATION, PROCEDURES AND REQUIREMENTS
RELATING TO THE GRANT OF LICENSEE FOR THE
CONSTRUCTION, INSTALLATION, OPERATION AND
MAINTENANCE OF CABLE SYSTEMS EQUIPMENT AND
FACILITIES IN, ON, ACROSS, ABOVE OR THAT IN ANY MANNER
WHATSOEVER USE THE CITY'S PUBLIC RIGHT-OF-WAY AND
TO ENSURE THAT USE OF THE CITY'S PUBLIC RIGHTS-OF-WAY
IS IN THE PUBLIC INTEREST AND IN CONFORMANCE WITH
APPLICABLE LAW, PROVIDING FOR CONFLICTS; PROVIDING
FOR A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE AND
AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of February 10, 2000, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Regalado, 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: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11936.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
64 6/8/00
20. AUTHORIZE MANAGER TO EXECUTE AGREEMENT BETWEEN CITY AND MIAMI
TELE -COMMUNICATIONS, INC. ("MTCI") TO GRANT A NON-EXCLUSIVE LICENSE TO MTCI,
PURSUANT TO CHAPTER I1 OF THE CODE TO OWN, CONSTRUCT, MAINTAIN AND
OPERATE A CABLE SYSTEM WITHIN THE CITY.
Vice Chairman Gort: Eleven, resolution.
Commissioner Winton: Move it. So move. So move.
Vice Chairman Gort: Moved.
Commissioner Teele: Second.
Vice Chairman Gort: Second. Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-489
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO
EXECUTE AN. AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI
TELE -COMMUNICATIONS, INC. ("MTCI"), A SUBSIDIARY OF
AT&T BROADBAND, LLC, TO GRANT A NON-EXCLUSIVE
LICENSE TO MTCI, PURSUANT TO CHAPTER 11 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR A
PERIOD OF TEN (10) YEARS, FOR THE RIGHT AND PRIVILEGE
TOWN, CONSTRUCT, INSTALL, MAINTAIN, AND OPERATE A
CABLE SYSTEM WITHIN THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
65 6/8/00
•
Vice Chairman Gort: Once again, thank you very much for the negotiation. I know you've been at this
for five years. We finally got (inaudible).
Mr. Liebowitz: Thank you, Mr. Chairman. Just one other comment. You know, I could not have done
this without the able assistance of Elaine, and Yamily and Alex. You know, it's been a team effort, and
they should be recognized. But, you know, one of the points that I want to leave you with is when we
started this five years ago,you had a fairly reasonable Agreement, although very, very old, but you had no
enforcement mechanisms. You have them now. And the staff needs to have the ability and the direction
from this Commission to stay on top of it and enforce the Agreement, because without the enforcement,
you know, all this work will be for naught.
Vice Chairman Gort: Well, we're going to make sure that it gets enforced. Thank you.
66 6/8/00
21. DISCUSS 'AND DEFER PROPOSED PRESENTATION BY MR. ADRIAN LANS TO
COMMISSION CONCERNING THE OLD DORSEY LIBRARY (See #28).
Vice Chairman Gort: At this time, Adrian Lans was set up for 11. Mr. Lans.
Adrian Lans: Good morning, Honorable Mayor, City Commission, Mr. Manager. It's good to see you;
some new faces up here. Congratulations on your elections. I came to plead for the Old Dorsey Library.
My name is Adrian Lans. I reside at 1228 Southwest Third Avenue. Former police officer, City of
Miami. I came to plead for the Old Dorsey Library. I first applied for the property in_ 1991. At the time, I
was told the building had to be used as a library or else it would be reverted back to the head of the family.
I know the Commission want to do everything to help the community as much as possible to keep the kids
off the street, because crime is rampant in Overtown community. We do not look like other communities.
I appreciate the value of all the time the Commissioner give me today, but my thing — in reference to the
property, it is a wonderful piece of property. And I have a plan. I submitted a proposal in '91. I have the
records of it. I have when City Manager was. the City Manager at one time. I have a record of that, too.
And Miller Dawkins, I have records going to him, as well as the present City Commissioners. I want to
use the property for something, a service for the kids in the community. And it's been sitting there idly
and nothing's being done with it, but just gathering grass and crack addicts around there. And here, we
have an opportunity today to make a decision to enhance the qualify of life in the community.. And we are
sitting here, and I think today is an — give you all an opportunity to let's make a decision and go forward,
and do something with the property, and make it a viable place for the people in the community. And I'm
asking this Commission what is being done with the property and why has 1 been put off, put off since
1991, with all these records? Everything I have submitted. You request it, I have submitted. I spend
many hours in the library researching because Preservation Board needed some historical documents. I
spend times, like a lawyer, working hard and not getting paid. And I'm not here for no money. I'm here
to request the use of the property so I can get a construction and run a learning center there. Thank you.
Vice Chairman Gort: Thank you. Commissioner Teele.
Commissioner Teele: Mr. Chairman, the CRA (Community Redevelopment Agency) has agreed to
undertake a technical assessment of the property. The property is outside of the boundary of the CRA,
technically. But we can be involved in projects that have an impact. This property is owned by the City
of Miami. We are very privileged to have the heir, the actual heir of the donor, Dana Chapman, who is an
employee of the City, who is retired. When did she retire? She retired, .but she's in close contact with the
City. If the library — if this building is not used as a library, under the deed restriction, it is to revert back.
So it's not up to us to give it to anyone. I think the first thing we've got to do is do an assessment of the
property. We have asked Adrian and others that have expressed an interest to give us a financial plan.
Obviously, a building of this nature is going to require anywhere of a magnitude of two to seven hundred
thousand dollars ($700,000) to be restored, depending on whether it has asbestos or not, or whether or not
it's going to be a rehab or a restoration. We've not seen any evidence of a financial capacity on this, and I
would ask that the Asset Management Office and the Planning Office be requested, and I will move that
they be instructed to work with Mr. Adrian Lans, and to come back to us for the first meeting in
September with a recommendation.
Vice Chairman Gort: There's a motion. Is there second?
67 6/8/00
Commissioner Winton: Second.
Vice Chairman Gort: Further discussion?
Commissioner Winton: And as a point of clarification, is Mr. Lans recommending the same thing that the
staff has recommended here, or something different?
Commissioner Teele: Well, actually, what he wants and what he has requested repeatedly is that the
property be turned over to him for development as a library or development as a facility. We don't have
that ability, number one, legally.
Commissioner Winton: Right.
Commissioner Teele: We can — we could creatively probably accomplish that, if,: in fact, we were going
to use this as a library. But you have to understand also that subsequent to all. of the deeds, this is — when
was this deeded, by the way? In 1940. Subsequent to the deed, Dade County has had several changes in
its government. The library responsibility, as you know, is now a Countywide responsibility. And
technically, the City of Miami and the City Commission have no jurisdiction of — certainly funding
jurisdiction — over libraries. Now, that's not at all to say that we cannot cooperate. That's not at all to
say that we can't make this something that would be a library related facility that could very well be
Internet or —
Commissioner Winton: Yeah, a high tech. library.
Mr. Lans: Exactly.
Commissioner Teele: -- technology related and that kind of thing. There's a lot of ways. But the one
issue is going to get down to this: Money. How much money does everybody have to do anything? And
with — when — with the motion, if the motion passes, Mr. Lans will have the opportunity to work with
Asset Management and the Planning Department, which has historical and all of that under them. He'll
have an opportunity to present his plan directly to the staff. They'll evaluate it. They'll come back with a
recommendation, yes or no. And I think he's entitled to a yes or no answer. He said since 1991, he's
been trying to be heard, and I think that's a fair request.
Mr. Lans: Well, I think — let me make it very clear. I got a endorsement here from Dana Dorsey on the
property, if it be turned back to her in '94 and '97. And then'all of a sudden, somebody else want to take
the property. It's two letters here of support. If you have to take this and you — it's been notarized, and
her signature and everything. Come on, Arthur Teele. You know, I hate to say this, but this nonsense. I
feel that I've been overlooked, betrayed and I — I don't appreciate this. This, this is a letter of Miranda
Albury I have here. I submit a proposal. I was denied. OK? I was denied. I submit this here. I was
denied. Miranda submitted a proposal and when I confront her about it, because I saw my proposal, she
went and they went behind my back and submit a proposal, the same property. And this a NET
(Neighborhood Enhancement Team) Office you suppose to go for assistance. This is nonsense, Teele.
This is "thiefing." This is criminal activity. You see what we had. The primer — the former City Manager
is in jail for nonsense, and the next one. We don't want to see this place go down like this.
68 6/8/00
Commissioner Teele: Well, I'm withdrawing my motion.
Mr. Lans: Thank you.
Commissioner Teele: So, I mean, you know, you can lay out there in never-never land for the next years,
as far as I'm concerned. I'm not going to deal with it.
Mr. Lans: Well, I'm not going to deal with it, either.
Commissioner Teele: I'm not going to let — I'm not going to allow —
Mr. Lans: I'm going — I just going to tell you how I feel about it. I don't appreciate you —
Commissioner Teele: I'm not going to allow you or anybody else to come down here and have —
Mr. Lans: -- nobody accuse me of being intelligent, man.
Commissioner Teele: No, I'm not going to allow you to come down here and make those kinds of
statements. No one — I know the NET Office is not trying to steal this property. And the simple fact of
the matter is I was prepared to instruct the staff to work with you. When you can show that you have the
temperament and the understanding to work with staff — I'm not going to ask staff to be. subjected to your
— your foolishness. So as far as I'm concerned, you're a resident of this City, but you've used up all your
chips with this Commissioner on that project. And it will never come up as long as I'm here until you can
show that you can conduct yourself in a manner appropriate to be treated with some degree of seriousness.
Mr. Lans: Well, sir, I strongly believe I conduct myself in a professional manner. And if you disagree
with that, I think I have a right to my opinion, and such as you.
Commissioner Teele: And I respect your opinion.
Mr. Lans: Thank you, sir.
Commissioner Teele: Thank you.
Mr. Lans: So long.
Vice Chairman Gort: Thank you. OK.
Commissioner Teele: I withdraw my motion.
Vice Chairman Gort: You withdrew your motion? OK.
Commissioner Teele: Yeah. I'm not going to ask staff to deal with anybody like that.
Vice Chairman Gort: OK. Thank you.
69 6/8/00
22. AUTHORIZE MANAGER TO ENTER INTO COMPETITIVE NEGOTIATIONS WITH
DAYSTAR, INC.; DECISION MANAGEMENT, INC.; XEROX CORPORATION AND ANY OTHER
PROVIDER OF A COMPREHENSIVE INTEGRATED DOCUMENT MANAGEMENT AND
INFORMATION RETRIEVAL SYSTEM (LEGISTAR) DESIGNED TO SUPPORT THE
LEGISLATIVE PROCESS IN THE CITY (See #18).
Vice Chairman Gort: Next item that —
Commissioner Regalado: Twenty-one.
Vice Chairman Gort: We're going to have to do that at 2 o'clock.
Commissioner Teele: Mr. Chairman, the next item is going to be very brief, and I was asking the
technology people, because this directly relates to that item.
Vice Chairman Gort: Which one?
Commissioner Teele: The —
Vice Chairman Gort: Twenty-one?
Commissioner Teele: Twenty-one.
Vice Chairman Gort: OK.
Matthew Leibowitz: No, no, 10 and 11.
Vice Chairman Gort: We passed that.
Commissioner Teele: We've already passed 10 and 11.
Mr. Leibowitz: I thought you wanted to bring it back.
Commissioner Teele: No. I want to bring up 21, because it relates to 10 and 11. Mr. Chairman, can he
proceed?
Vice Chairman Gort: Yes. Definitely.
Walter J. Foeman (City Clerk): Members of the Commission, back in November of 1999, you directed
the City Clerk to present a report on the potentiality of implementing a — at that time, it was Legistar,
which is a comprehensive document management and information retrieval system. Since then, I've
talked with the Commission, and we've expressed our concerns with respect to a process management
approach to how documents flow, as far as the legislative process. And we are here today to seek
authorization to allow us to go out to competitive negotiations with respect to this issue. I talked with the
Manager, and he has indicated on the record that he wanted to address this issue as part of the
comprehensive information technology plan and consult Arthur Anderson regarding same. So with
70 6/8/00
respect to the timing of it, which wasn't a specific clause in the authorization, we can hold that in
abeyance until he goes to Arthur Anderson with this issue.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, Commissioner Teele.
Commissioner Teele: Look, what we're talking about is a system that is similar to what's in place in
virtually every major city in America. Dade County has it. It makes it totally available to the public. The
public is able to come in and pull items. It will greatly reduce all of this distribution of Agendas. I mean,
it will save literally hundreds of man-hours, as well as dollars. There is no reason to delay this any longer.
This has gone through at least one year of discussion. We don't need a mainframe system that is a part of
a much bigger system. We need exactly what we did in Dade County with the Elections Office, when we
pulled it out of the main frame. It is a dedicated system. This is not new technology. There's at least ten
cities in the State of Florida, including Palm Beach, Jacksonville and others that have it. In fact, there are
bids on the street. I would move that we move to a negotiated competition to allow for a decision to be
made at a subsequent date as to whether or not we're going to move forward with this.
Commissioner Winton: Second.
Vice Chairman Gort: There's a motion. Motion and a second. Under discussion. How does this adapt to
the system that we have, and to make sure that —
Aldo Stancato: Well, Commissioner — Aldo Stancato, Information Technology. We have been working
with the City Clerk initially in defining data flows and how this was going to interact. And also in
anticipation of an automated system, we are, for instance, wiring the staff area and the dais actually next
week in anticipation to this. My only concern with all of this, as with any system — not this system in
particular — with any system is the integration in the overall system, which that seems to have. Also, that
we can sit down and provide adequate support for this system, and that it generally fulfills our overall
strategic plan.
Commissioner Teele: I think it's very important that this system not be supported by an in-house system,
that we have consultants to support this for the first two years and get it off the ground. I mean, the
support is — we've got more than we can do right now. I mean; we wait for months. So, I mean, I would —
I respect what you're saying. But there's one important word that you have not said that you don't
understand, apparently. That's the public. This is not about the City making this convenient for
departments. See, that's the focus. What we're talking about is a system that's available with the cable
for every person that lives in the City of Miami that they'll be able to come in and access information
without coming down to the Clerk's Office, without having to pay. They'll be able to pull up documents.
They'll be able to get any ordinance that we have. And it's consistent with what — the bill the Governor
just signed to basically say we've got to fast -forward on getting information available to the public. This
system has been in .place in the County since 1993, a similar system. In fact, it's been upgraded about four
times. And one of the big issues that I'm very sensitive to are these so-called pocket items. With this
system, we'll virtually eliminate pocket items or allegations of pocket items, because what you'll be able
to do is you'll be able to literally place an item on the Agenda and have it distributed within a matter of
five minutes. And that saves a whole lot, and it will be available to the public. So I think, you know, in
71 6/8/00
•
this particular case, we need to let the technology move forward. This is an assessment. And then we'll
come back and let's debate whether or not it really works or not.
NOTE FOR THE RECORD: Commissioner Regalado exited the Commission Chamber at 11:42 a.m.
Vice Chairman Gort: Let me you ask a question. When I read this in November, my understanding is,
and the way you explained it to me, the main use, the main reason we have this is so we can expedite our
Agenda.
Commissioner Teele: Exactly.
Vice Chairman Gort: So each department like the – right now, we have a process. We have to go through
the different departments and it will take forever to get to the Agenda Office. At this time, with the Law
Department, whenever any department brings, any director brings an item that's going to be on the
Agenda, automatically, it will go to everyone, and everyone can put their input into the computer.
Mr. Foeman: That's correct. In addition, it's a legislative workflow. It takes all the elements of the
legislative process of which the Agenda preparation is one aspect of it, up until final repository to the City
Clerk as the final resting place of documents, information retrieval, tracking of documents.
Vice Chairman Gort: That was my understanding. But –
Mr. Foeman: Yeah. The time efficiency with respect to how research is done, Agenda preparation is done
from a time -efficiency standpoint, it would address that in a fraction of a second of what we're doing now
as far as preparation. So—
Vice Chairman Gort: Now, for the general public to have access to all this information, they will have to
go through a computer?
Mr. Foeman: Yeah, right. That will be – the information is imported into the system, and it's formatted,
depending on what type of reports that we want to generate. It's put out on HTML format out on the
Internet for access by the public.
Vice Chairman Gort: But the public that does not own a computer are they going to be able to come here
and tap into it? Is that what you're saying?
Mr. Foeman: Yeah, it's for public access, as well. Right now, right now, it's pretty labor intensive in
terms of our ability to provide public information. We want to go more toward more customer -driven
typologies where the people can do their own research. They can access data without depending on one
repository as the Clerk's Office for doing that.
Vice Chairman Gort: OK. Any further discussion?
Carlos Gimenez (City Manager): Mr. Commissioner, Mr. Chairman, the Administration's position is that
we will certainly work, you know, to put this system in place as soon as possible. We just want to assure
that whatever system that we purchase will at least integrate into the, you know, the strategic plan. And
72 6/8/00
we will work with our consultants to have them help us in selecting the proper system that will integrate,
you know, with the City, you know, as a whole, because a lot of the components of the information that's
going to be generated will be generated by different departments in the City.
Vice Chairman Gort: That was my understanding. So it does have to be a part, and you'll have to work in
there. OK. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-490
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ENTER INTO
COMPETITIVE NEGOTIATIONS WITH DAYSTAR, INC.; DECISION
MANAGEMENT, INC.; XEROX CORPORATION AND ANY OTHER
PROVIDER OF A COMPREHENSIVE INTEGRATED DOCUMENT
MANAGEMENT AND INFORMATION RETRIEVAL SYSTEM
DESIGNED TO SUPPORT THE LEGISLATIVE PROCESS IN THE
CITY OF MIAMI, FOR USE BY THE OFFICE OF THE CITY CLERK
AND OTHER DEPARTMENTS; FURTHER DIRECTING THAT UPON
COMPLETION OF THE PROCESS, AN AGREEMENT IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY BE SUBMITTED TO THE
CITY COMMISSION FOR CONSIDERATION.
(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: Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Joe Sanchez
73 6/8/00
0 0
23. ESTABLISH AMOUNT OF TWO POINT FIVE MILLION DOLLARS AS INTERNAL
RESERVE FUND; SAID AMOUNT SHALL BE TAKEN OUT OF THE FY 2000 BUDGETARY
PROCESS (See #'s 10, 19,20).
Commissioner Teele: Mr. Chairman, on the previous item that we just passed, we have made available by
the contract — is Matt still here? What is the total amount of dollars? Because what I'd like to do is
attempt to limit the use of the dollars that are going to come from the AT&T (American Telephone and
Telegraph) Agreement. What is that amount?
Matthew Leibowitz: Well, I can add it up for you.
Commissioner Teele: No, the amount that is available for the governmental budget.
Mr. Leibowitz: You have two point five million dollars ($2.5 million) coming in.
4
Commissioner Teele: And what I'd like to do is move that the two point five million dollars ($2.5
million) be established as an internal reserve for projects relating to technology information and related
activities. What I don't want to do is see this money get wound up being a part of the overall budget of
the City of Miami, and that we try to deal with the issue of the digital divide and all of these issues, the
information, and that right now, AT&T gives us the money, but we've got to establish the legislative
parameters of how it's going to be spent. And what I don't want to do is -- if it goes the way it is now, it's
in the budget. I mean it's available. It's available for the budgeting process. And what I want to do is, I
want to take that out of the budgeting process as a reserve except as it relates to items related to
technology, digital divide, information, public access and those kinds of things that I think we can show
how we spent the money prudently to the public. And I would ask when we come back, I guess, from the
meeting, unless there's objection now, Commissioner Winton, that we would do that. I'd like to hear from
the Manager, your objection.
Vice Chairman Gort: I also have a question. In our five-year plan, I know we allocated funds that are
supposed to be receivables. Was this part of the five-year plan budget?
Bertha Henry (Assistant City Manager): Bertha Henry, Assistant City Manager from Finance and
Administration. We have not programmed these funds into our five-year plan, and the budget we present
this afternoon will not do so, as well.
Vice Chairman Gort: Thank you.
Commissioner Teele: I would so move, Mr. Chairman.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
74 6/08/00
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-491
A MOTION ESTABLISHING AN AMOUNT OF TWO POINT FIVE
MILLION DOLLARS ($2,500,000) AS AN INTERNAL RESERVE
FUND; SAID AMOUNT SHALL BE TAKEN OUT OF THE FY 2000
BUDGETARY PROCESS.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Teele: Mr. Chairman, while Bertha Henry is here, I think it would really be good if we
could work on a pilot project that would be neighborhood related, maybe five or six projects that would be
that would help us with the digital divide issue. I think -- We keep talking about we're the fourth poorest
City. We need to get some statistics because I understand that something like 30 percent of the people in
the inner City don't have telephones. If they don't have telephones, they can't have computers that are
Internet accessible. And I think we need, as a part of our Parks program, et cetera, we need to begin to
address that. But I don't have a program. I'd just like for you all to consider it.
Vice Chairman Gort: I have a question. And staff, it's not related directly, but the Census. just finished
receiving all the documentation. How long before you will get the information to our Planning
Department?
City Manager: From the Census?
Vice Chairman Gort: From the Census Bureau.
Ms. Henry: I'm not aware. I will check with the Planning Department to find that out. But it's usually
quite a long time. It takes a while for them to pull all of that information together and then translate it. So
I don't expect it for any recent —
Vice Chairman Gort: But I believe you might be able to get some preliminary information towards the
end of the year. And I think it would be very important for us to look at what's happened to our
neighborhoods and towards the residents, because as I tour the different neighborhoods — and I don't know
if the other Commissioners do the same — it's — it seems like our citizens are getting older. Somehow,
75 6/08/00
through the economic development of our neighborhoods, we need to attract that, create programs where
we can attract the young individuals into it.
City Manager: Yes, sir.
76 6/08/00
24. APPROVE PURCHASE OF' ANALYSIS AND - PROBLEM. SOLVING COMPUTER
SOFTWARE, ASSOCIATED HARDWARE AND TRAINING FROM VARIOUS VENDORS,
AWARDED PURSUANT TO EXISTING STATE OF FLORIDA CONTRACT, $26,500, FOR
DEPARTMENT OF INFORMATION TECHNOLOGY.
Vice Chairman Gort: OK. Any other — 22.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort:. Network analysis and troubleshooting equipment. It's been moved. Is there a
second?
Commissioner Winton: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-492
A RESOLUTION .OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING THE PURCHASE OF ANALYSIS
AND PROBLEM SOLVING COMPUTER SOFTWARE, ASSOCIATED
HARDWARE AND TRAINING FROM VARIOUS VENDORS,
AWARDED PURSUANT TO EXISTING STATE OF FLORIDA
CONTRACT NO. 252-006-99-1, EFFECTIVE THROUGH
SEPTEMBER 30, 2003, SUBJECT TO FURTHER EXTENSIONS BY
THE STATE OF FLORIDA, IN AN AMOUNT NOT TO EXCEED
$26,500, FOR THE DEPARTMENT OF INFORMATION
TECHNOLOGY; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 001000.460101.6.840.
(Here. follows body of resolution, omitted here and on file in the Office of the City Clerk.)
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Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Arthur E. Teele, Jr
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Gort: Twenty-three has been withdrawn.
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25. TABLE: PROPOSED APPROVAL OF CONTRACT WITH MAXIMUS, INC. TO PREPARE
COST ALLOCATION PLAN RELATING TO THE CITY'S FEDERAL ,GRANT PROGRAMS (See
#32).
Vice Chairman Gort: Twenty-four, professional services contract to prepare the cost allocation plan for
Federal grants.
Carlos Gimenez (City Manager): Mr. Chairman, we'd like to defer this to the afternoon. There are some
questions that need to be answered prior to taking this item up.
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• 0•
26. (A) REJECT ALL BIDS IN CONNECTION WITH PROJECT ENTITLED "CITYWIDE
SIDEWALK REPLACEMENT PROJECT — PHASE XVI, B-4624," $563,750.
(B) AUTHORIZE AND DIRECTING MANAGER TO RE -BID PROJECT' ENTITLED
"CITYWIDE SIDEWALK REPLACEMENT PROJECT— PHASE XVI, B-4624."
Vice Chairman Gort: Twenty-five. This is the one you were waiting — we all have been waiting for. A
resolution -awarding contract for Citywide sidewalk replacement. Now, I need to ask you a question. I
know we went out for bid on some sidewalks in downtown Miami. And my understanding is we were off
by 50 percent. My understanding is our estimate was "X" amount, and the lowest bid or the only bid
came out at a lot higher than that. And as I look at this contract here, the estimate is three hundred and
sixty-six thousand. And the total bid was a hundred and — five hundred and sixty-three thousand.
John Jackson (Acting Director, Public Works): Right. John Jackson, acting Director of Public Works.
Commissioner, there's a lot of work available to contractors now. You're right, on the downtown
sidewalk project, it was bid twice. We bid it the first time. We did not receive any bids. Second time, we
received one bid, which was three times the amount, three times the amount. of our estimate. Arid that was
the only — only got one bid. Now, there's just a lot of work in Dade County, and we're seeing this on
some of our other projects that are being bid. We're not getting the number of bidders that we normally
would. I think that's probably the case of this project. We got three bids. And one of the bids was non-
responsive for this project.
Commissioner Teele: Who was non-responsive?
Vice Chairman Gort: The lowest bidder?
Mr. Jackson: This was the lowest bidder, which is Weiss Engineering. The company did not provide a
bid bond.
Commissioner Teele: Yeah. I think you need to put more on the record than that, because that's — that's —
that may not be a totally accurate statement. What the company did is they provided a bond as provided
for by the City program that has a limit of up to two hundred thousand dollars ($200,000); is that correct?
Mr. Jackson: That's correct, yes.
Commissioner Teele: The bid exceeded two hundred thousand dollars ($200,000). So the bond that they
presented was not an acceptable bond.
Mr. Jackson: That is correct. It was not valid for the total bid.
Commissioner Teele: OK. But they presented a bond, but it was not. an acceptable bond. And the
argument of the gentleman is that he should have been — that if the. City really wanted to arrange for
minority participation, there should be packages small enough to utilize the bid bond. In other words, why
have a bid bond if the amount is so small that you're not going to be able to quality for the bid packages?
In other words, there could be a two hundred thousand dollar ($200,000) bid package put out. But I think
Commissioner Gort has put his finger on the problem, and it's a problem all over this City. We're seeing
it at Hadley Park. You know, we had a project for two point five million dollars ($2.5 million). There's a
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shortage labor all over this place. And all these jobs are up 20 percent, 30 percent, some are up 60
percent.
Mr. Jackson: Commissioners, I'd just like to make one other point on the value of this, Citywide sidewalk
project. You're right, we could have broken it up, but the Department — as you know, we have a staffing
problems. And if we break this up into multiple contracts that are below the two hundred thousand dollar
($200,000) value, that requires three inspectors. So we — you know, it's — we're kind of in a Catch-22.
Vice Chairman Gort: Let me ask you a question. Let me ask you a. question.
Mr. Jackson: Yes, sir
Vice Chairman Gort: My understanding is — and we passed a motion. We passed a motion _about a year
ago where we would hire independent contractors, being engineers, architects, they could --
Mr. Jackson: Right.
Vice Chairman Gort: -- if needed, they could be utilized and they could be tapped to use as inspectors. I
mean, I think we approved those services and we allocated funds to that.
Carlos Gimenez (City Manager): If that's the case, then, you know, we'll start to use —
Vice Chairman Gort: We've had the same problem with the Building Department, and that's why we've
subcontracted some of the people, and now we need to do that, because we need to get these things done.
Mr. Gimenez: We've actually hired additional folks in the Building Department.
Vice Chairman Gort: You know, use the guys that come. with a bid which is within the company, and guy
is (unintelligible), and they got — this gentleman can do the job and he's responsible. Somehow, we
should work with him and get this thing done.
Commissioner Winton: Well, particularly since this bid is almost two hundred thousand dollars.
($200,000) less than the one we accepted. I mean, minor detail. Now, that's a huge, huge gap here if this
is a qualified contractor.
Vice Chairman Gort: Mr. Rollason.
Frank Rollason (Assistant City Manager): Frank Rollason, Assistant City Manager. One of the things I
want to point out on the contracts that we have on the outside that the Manager, you know, just spoke of is
that they're having problems, getting people. They're having the same problems we have. We go to them
to hire the inspectors, and,the next weekend, they have an ad in the paper trying to hire the inspectors. We
have been successful in getting some more people on board. And we're doing the same thing in Public
Works, trying to hire some engineers and get some people on board. But the amount of money that we're
paying these outside contractors for the same work that we're doing is triple what we're paying our own
in-house employees.
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Commissioner Winton: But, Frank, the difference in these two, the lowest bidder here and the accepted
bid is — I'm telling you, it's almost two hundred thousand dollars ($200,000).
Mr. Rollason: I understand that, I'll admit.
Commissioner Winton: And so I could hire a bunch of people for two hundred thousand dollars
($200,000). So it seems to that when you've got this kind of a bid differentiation, you figure out how
you're going to get the inspection so that you can take advantage of the savings. I don't care if you pay
twice as much for inspections.
Mr. Rollason: No, you're right. You're right.
Vice Chairman Gort: So can we —
Commissioner Winton: I'm sorry?
Vice Chairman Gort: Can we reject this bid and go out for a bid and break it down so people can
participate?
Commissioner Winton: OK. So could I ask another question?
Vice Chairman Gort: Go right ahead.
Commissioner. Winton: It seems to me that the process that we created — and I haven't asked any of the
details here, so I'm — you know, and I'm not — I'm not pointing any fingers. I'm not criticizing anything.
And I don't even understand how the process works completely. So but when I heard that we could break
these bid packages up so that — so that — so that we could reach this bonding capacity that these — that
these smaller folks need, at the two hundred thousand dollar ($200,000) level, we didn't -- In some way
or another, we put this bid out so that we can't accept this lower bidder; is that correct? I mean, we
created the bid package so that this lower bidder can't qualify because of that issue; is that correct?
Mr. Jackson: No, that's not correct, Commissioner.
Commissioner Teele: What's the engineer's estimate of the bid?
Mr. Jackson: The engineer's estimate is three hundred and sixty-six thousand.
Commissioner Teele: Well, by definition, he's right. By — if the engineer's estimate is three hundred and
sixty-six thousand dollars ($366,000), your engineer's estimate, then by definition, the two hundred
thousand dollar ($200,000) bid bond that we have programmed doesn't -work, by definition.
Commissioner Winton: Sounds right. So help me.
Mr. Jackson: We really need a performance bond on —
Commissioner Winton: I understand that.
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Mr. Jackson: -- our contractors. And when you — when we go through the bid bond voucher program —
and Ms. Carter can explain — there is not a performance bond. The City is taking the liability. I believe
that's correct.
Vice Chairman Gort: No, we understand that. And we are requiring the performance bonds.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Winton: What am I missing?
Commissioner Teele: I — I just —. I just want to associate myself with everything that Commissioner
Winton has just said. Mr. Jackson, I really want you to hear me, because I've gotten —.and I'll give you
my phone log — I've gotten about five calls within the last week from people from Overtown underneath
395 where the State — the City has nothing to do with it — has jobs going on right now for lunch. There's
not one African-American. I walked the job site about three days ago. Not one African-American. We
went to the debate the other night in the Caleb Center with the Mayor and Mayor Penelas, Mayor Carollo.
The number one thing is that people are offended when they see people working in neighborhoods and
there is no one that is working on a job. I'm not talking about who the contractor is. I'm just saying
there's not employment. I think this City has got to do a much better job of dealing with social issues, as
well as economic issues. We hold the Miami Heat accountable. We hold the Winn-Dixie accountable.
But for some reason, the staff thinks we don't hold ourselves accountable. At the appropriate time, I'd
like to move that we reject all bids and request the Manager to negotiate two sole source bids not to
exceed two hundred thousand dollars ($200,000) for any qualified minorities that he would like to
recommend. That requires — what? — a four/fifths vote?
Alejandro Vilarello: Commissioner, it wouldn't be a sole source bid. You could — you may be able to
waive.
Commissioner Teele: To waive competitive bid.
Mr. Vilarello: Competitive bids and limit the projects to those that would be under two hundred thousand
dollars: In other words, break —
Commissioner Teele: But I just want to say for the record, we've approved today about four waivers of
bids. OK? From —,everything from a surveyor to — I mean, you know, every time we pay something in
the Fire Department, it's been sole source from beds to bunks. What is this? Thermo Energy? Thermo
Imaging System, Item Number 2 was a waiving of competitive bid. We do this every day. We, even
waive competitive bids for barbecue from Tony Roma's. So, I mean, you know, let's get real, ladies and
gentlemen. I mean, we know what we're talking about here. What we're saying to you, Mr. Director, is
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that if — first of all, I don't know if the guy — I think Commissioner Winton asked the question that no one
has answered. I don't see how anybody could bid the number they bid and really be a responsive — I mean
I'm not saying that they're not responsible, but they must have a work force available. We all.know that
there are labor problems out here now. What this Commission is saying is that on some neighborhood
projects, we'd like to see more diversity. And we're prepared to waive the. competitive bidding process
and allow you and the Manager to see how this can work out.
Vice Chairman Gort: See, my understanding is we already did our homework. My understanding is when
you go out for a bid; you already have a price on this.
Mr. Jackson: Well, we have an estimate.
Vice Chairman Gort: Oh,, you do have an estimate. But I mean you give the public who's bidded an
estimate. And if those people can come within our estimate, I don't see any problem in that.
Mr. Jackson: Well, it has to be a competitive — competitive situation, in that —
Vice Chairman Gort: Well, you know, the competitiveness in this one, I don't see it. We came out with
three hundred and sixty-six, and we went and selected the person with five hundred and sixty-three.
Mr. Jackson: But let's go back and address how did we arrive at the three sixty-six. The three sixty-six is
— is a forecasting on previous bids. But it doesn't take — it doesn't take into account the present
marketplace, what's going on in the marketplace and that's competition.
Commissioner Winton: Nah, I don't buy that.
Vice Chairman Gort: Then we need to revise that. .
Commissioner Winton: I mean, it has to take part of that in. You didn't -- When was the last time you
got a bid that was accepted in the construction arena? A month ago, two months ago?
Mr. Rollason: You know, perhaps we could break them up and get them to prices —
Commissioner Winton: Labor costs haven't jumped by 200 percent in a month.
Mr. Rollason: -- get them to prices below two hundred thousand dollars ($200,000) or what our estimate
is, then go out on competitive bids —
Commissioner Winton: Bingo. I like that.
Mr. Rollason: --'with that amount of money and see if we can get people that can come in, smaller
companies, to get them.
Vice Chairman Gort: OK. There's a motion.
84 6/8/00
Commissioner Teele: You all do what you want to do. I'll support it, but I'm going to tell you this:
Every time there is a non - a waiver of competitive bids, I'm going to stop it in this Commission. If we
can't do it for this, then we can't do it for any more. And so everybody that's coming in with non-
competitive bids, just be prepared that they're all going to stop, right here, right now. So let's .do it this
way, but no more competitive bids coming throughthis system unless they are truly non-competitive.
And let's withdraw the Manager's authority to make these sole source purchases, and.let's do this the right
way. Because what I'm not going to do is participate in a charade— and that's what's being proposed, is a
charade — that in sidewalks that go into these very poor neighborhoods that we can't allow for minority
and diversity. But to buy barbecue, to buy surveying, to buy imagery and everything else that's on here, a
waiver - Number 3, waiving sealed bids, a sole source resolution for a return fire system and upgrading of
firearms simulator. You know, everything that comes through here, we waive. But when it comes down
to people working in the neighborhoods, we have to have a competitive bid. And I'm saying we don't
have to have a competitive bid. The Manage can come back with two or three packages of two hundred
thousand dollars ($200,000) and make his recommendation, and with a four/fifths vote, it can be done. Is
that correct, Mr. Attorney?
Mr. Vilarello: On this item, the City Commission can simply reject all bids.
Commissioner Teele: Reject.all bids.
Mr. Vilarello: And by separate motion, direct the City Manager to bring it back, in accordance with your
comments today.
Commissioner Teele: That's exactly what I said.
Vice Chairman Gort: Motion to reject all the bids. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-493
A RESOLUTION OF THE MIAMI CITY COMMISSION REJECTING
ALL BIDS RECEIVED IN RESPONSE TO THE INVITATION TO BID
ISSUED FOR THE PROJECT ENTITLED "CITYWIDE SIDEWALK
REPLACEMENT PROJECT — PHASE XVI, B-4624" ("PROJECT");
FURTHER DIRECTING THE CITY MANAGER TO READVERTISE
FOR 'ALTERNATIVE BIDS FOR THE PROJECT AND TO PRESENT
HIS RECOMMENDATIONS TO THE CITY COMMISSION FOR ITS
REVIEW AND CONSIDERATION.
85 6/8/00
(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: Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort.
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Gort: Second motion.
Commissioner Teele: So move, Mr. Chairman, to request the Manager to come with two or three
packages of two hundred thousand, not to exceed two hundred thousand dollars ($200,000) with a
recommendation of a waiver of competitive bids if he deems it appropriate.
Carlos Gimenez (City Manager): Mr. Commissioner is this for this project only?
Commissioner Teele: Any project. For this — we're talking about this right now, yes.
Vice Chairman Gort: We're talking about the sidewalks, yes.
Mr. Gimenez: Sidewalks, or this particular sidewalk?
Vice Chairman Gort: This particular sidewalk.
Mr. Gimenez: Right.
Vice Chairman Gort: OK? We'll look at them one at a time.
Commissioner Teele: But you have that inherent authority to come in with that. That's what you've been
doing all morning. That's the point. You did it with barbecue sandwiches, see. And that's — it's a waiver
of bids. It was.
Vice Chairman Gort: There's a motion. And a second?
Commissioner Winton: Second or a motion, yes.
Vice Chairman Gort: Discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
86 6/8/00
9
The following motion. was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-494
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO REBID THE PROJECT ENTITLED "CITYWIDE
SIDEWALK REPLACEMENT PROJECT — PHASE XVI, B-4624";
FURTHER.URGING THE CITY MANAGER TO BRING BACK
BETWEEN TWO AND THREE PROPOSALS IN CONNECTION
WITH THE AFOREMENTIONED PROJECT.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote: ,
AYES: Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT:. Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Gort: OK. We'll break and come back at three o'clock.
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27. CONDOLENCES` TO THE FAMILY OF MARIA DE LOS ANGELES-FIGVEROA (See #53).
Unidentified Speaker: Mr. Chair.
Vice Chairman Gort: Wait a minute, wait a minute, before you walk away. I'm sorry. I would like to
have a resolution of condolences to Mrs. Maria De Los Angeles -Figueroa. That's Commissioner
Sanchez' mother-in-law who passed away. So could I please have the resolution for this afternoon?
Thank you. So do I have a motion?
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Further discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
The following, motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-495
A MOTION OF THE MIAMI CITY COMMISSION EXPRESSING
DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON
BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE
FAMILY AND FRIENDS OF MARIA DE LOS ANGELES-FIGUEROA,
UPON HER UNTIMELY DEATH.
[Note: This motion was later formalized as R-00-515.]
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Unidentified Speaker: Mr. Chair, we have a presentation from Public Works. Can we get a time for that?
Three o'clock? Thank you.
88 6/8/00
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:03 P.M. AND
RECONVENED AT 3:12 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION
EXCEPTING COMMISSIONER SANCHEZ, FOUND TO BE PRESENT.
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0 . 0
28. , DEPARTMENTS 'OF PLANNING AND ASSET MANAGEMENT TO MEET
WITH ADRIAN LANS REGARDING FEASIBILITY OF HIS PROPOSAL FOR THE
OLD DORSEY LIBRARY.
Vice Chairman Gort: The meeting is in session. The first thing we're going to have will
be a presentation by Public Works. OK. Before you go on, let me — Teele? Before you
go on, we're going to let Mr. Adrian Lans speak just for a minute. A minute, Mr. Lans.
Adrian Lans: Thank you. Thank you. Good afternoon, everyone. Honorable Mayor,
City Commission and Mr. Manager, I want to reference earlier I was here.. I want to
apologize to this Commission for earlier my behavior. I'm willing to do what is
necessary to work with this Commission pertaining to the Old Dorsey Library. Mr.
Teele, I'm very — I apologize to you and everyone else. Thank you.
Commissioner Teele: And I really appreciate the fact that you've come forth. And no
apology is due to me at all. I mean, you have the right to express yourself to me. But it's
the institution that I have to defend in that regard. And I'll be pleased to move the matter
as we had requested before that the Planning Department — through the Manager — that
the Planning Department and Asset Management meet with you once the engineering has
been done to determine a — the feasibility of what you're recommending, and to come
back with a staff recommendation. Iwould so move.
Mr. Lans: Thank you, sir.
Vice Chairman Gort: Is there a motion and a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying
.aye.
The Commission (Collectively): Aye.
90 6/8/00
The following motion wasintroduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-496
A MOTION INSTRUCTING THE CITY MANAGER TO
DIRECT THE DEPARTMENTS OF PLANNING AND ASSET
MANAGEMENT TO MEET WITH ADRIAN LANS, ONCE
ENGINEERING INPUT HAS BEEN RECEIVED REGARDING
THE FEASIBILITY OF HIS PROPOSAL FOR .THE OLD
DORSEY LIBRARY, LOCATED AT 100 NORTHWEST 17TH
STREET; FURTHER INSTRUCTING THE CITY MANAGER
TO DIRECT THE AFOREMENTIONED DEPARTMENTAL
STAFF TO EVALUATE SAME AND COME BACK TO THE
CITY COMMISSION WITH A RECOMMENDATION FOR
THE COMMISSION'S CONSIDERATION AND REVIEW.
Upon being seconded by Commissioner Winton, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
Vice Chairman Gort: OK, sir. Thank you.
Mr. Lans: Thank you, sir.
Commissioner Teele: And let me thank you so much for coming back, Mr. Lans. I
respect very much the courage and the manner in which you presented this. Thank you.
Mr. Lans: Yes, sir. I appreciate it. Thank you.
Commissioner Teele: Thank you.
Vice Chairman Gort: Thank you, sir.
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29. (A) PRESENTATION 'BY DEPARTMENT OF PUBLIC WORKS BY JOHN JACKSON —
NEED TO CLEAR SEWERS IN PREPARATION OF HURRICANE SEASON.
(B) DIRECTION BY COMMISSIONER TEELE TO BRIEF HIM AND PROVIDE HIM
WITH A MEMO ON CITY BOUNDARIES (BY DISTRICT) FOR IMPACT FEES.
(C) AFFIRMATIVE OFFICER TO PROVIDE COMMISSION WITH A REPORT ON
WOMEN IN. SENIOR MANAGEMENT POSITIONS IN DEPARTMENT OF PUBLIC WORKS;
FURTHER URGE MANAGER TO ESTABLISH A CLEAR STANDARD ESTABLISHING A MORE
GENDER -BALANCED WORK FORCE.
Vice Chairman Gort: Public Works. Finally, you're on. Get the list of all the sidewalks.
John Jackson (Acting Director, Public Works): Thank you for giving us the opportunity to make this
presentation. Good afternoon, Commissioners and viewing audience. My name is John Jackson, Acting
Director, Public Works. First, let me say the Public Works Department is a service department. We
provide service to the general public by way of custodians of the public right-of-way, engineering and
architectural services to the other City departments. Our mission is to maintain and improve the City's
infrastructure, and provide the best professional, technical and field services to the City. Our operating
budget is nine point two million. Out of that, three point eight million is the street lighting bill, which is
paid out of the Public Works budget, with a net operating budget of five point four million. We have 99
employees, excluding our temporaries who are not up there. We've got 12 temporaries, including two
summer interns. We're split in really four divisions: Director's office, administration, accounting, design
division is 24 and 20 in construction, 45 in operations division. We'll go over some of these functions a
little later. Also, this is our organizational chart. As I said, special projects, design construction,
operations. Operations folks are the ones who take care of the physical rights-of-way, filling potholes,
mowing the right-of-way and street maintenance. I want to introduce some of the people from Public
Works that are here. I'd like first to introduce Assistant Director Mr. Albert Dominguez. Mr. Dominguez
has been with us for less than a year. He certainly has improved our relations with FDOT (Florida
Department .of Transportation). He's came to us from FDOT. He's a licensed professional engineer.
Next, I'd like to go to Mr. Leonard Helmers. He's the chief civil engineer. Mr. Helmers has been with
the City a number of years, and takes care of our design section. Next, Mr. Allan Poms right here is our
chief architect. Mr. Poms is a registered architect, a member of AIA (American Institute of Architects),
considerable years of experience. And I think as you — as we go through the people here, you'll see one
common thread, and the common thread is that there's a number of years of experience that's representing
the Public Works, which offers you the continuity of our designs, of ourengineering on the projects that
you're going to see as we go forward. Next, I play a dual role here as acting Director and in charge of
construction. And let's see. Mr. Jose Briz is — he's an electrical engineer, licensed electrical engineer.
Mr. Juan Ordonez is our ; structural engineer, also licensed. Mr. Charlie Brown is in charge of our
operations division. And let's see, back there is Andre Bryan, is an electrical engineer and Genady Beylin
is an inspector. I think that's about it. We had some other — some other personnel were going to come.
Ms. Badia was ill and had to leave. She's a licensed professional engineer, takes care of our technical
administration CIP (Capital Improvements Program) projects, outside consultants. Let's move on. As I
said, Ms. Badia handles the outside consultants. We have right now over 30 projects that are out to
consultants in a design phase. She manages that area, handles the Americans With Disabilities Act
compliance with the City. The City has a number of facilities that she's looking at to make sure that we're
in compliance with them, in ADA (Americans With Disabilities Act) compliance. Moving over to the
design division that's run by Mr. Dominguez, I'll just zip through these, and you can read them as they're
92 6/8/00
there and how.— OK. OK. There's the highway, environmental and the architectural engineering sections.
And you can look at some of the activities, and we'll go over these a little later. Next, highway and
environmental. We design 100 percent total our highway and street improvement projects, totally putting
together the plans and specifications. We put it out for bid and actually manage the construction, start
certain projects. Just some of the other activities. that we're — we're part of the building permit plans
review process. The developers with plans that come through are reviewed by Public Works to determine
their interface with the public rights-of-way and parking requirements. This is some photos of our storm
sewer design projects. This is one of our projects. That center.photo right there is perforated pipe. This is
part of our French drain systema Down here at the lower left is some of our drainage structures. And we
have completed over one point two million dollars worth of storm sewer projects in '99. Platting is
another activity. We bring a number of plats before you. We had 47 tentative plats in 1999.. Highway
design. We're completely computerized with Auto -Cat. This is just a representative drawing. It's a plan
up there and a profile right there of some of our drainage projects, and some of the photos of personnel.
There are over one point two million worth of street rebuilding and sidewalk projects. Underground
utilities. This, is an area that we've had a number of requests. And the telecommunications companies
that are coming to pull permits, the design — the review of those permits is in this area. This is any
underground utility construction. Right up here, this is a project of the Mutiny Park. This is under
construction in Coconut on MacFarlane. We actually have our inspectors out looking at that, trying to
make sure that the — that the traffic continues and the contractor is doing what — in accordance to their
permit. We had 957 underground permits in 1999. As I said earlier, the building permit review, this is
some of the plans, plans review. We had over 1800 building permits reviewed last year. Storm water
utility section. We have over 90,000 accounts, and some of the personnel.that reviews those accounts and
answer questions from any of the property owners.. NPDES, National Pollutant Discharge Elimination
System permit.. We are actively working on projects in this area to make sure that the quality.of the water
that flows into Biscayne Bay is in the right quality. We have the Wagner Creek dredging project that will
be coming before you.' We're going to be finishing that design this year. -Well, we're moving over into
the architectural/engineering section. There's just a variety of projects, and I won't try to run through all
of them. Parks, buildings, marinas, daycare centers, guardhouse, fire station. We completely designed
Fire Station 12 three years ago. Turns out to be very good. I believe that the Fire Department will agree
to that. Bid documents, contract award. Those are some of the areas and activities that we're involved in.
Renovations. Renovations of City Hall. We're working on ADA renovations for the restrooms here, as
an example of a project: We have a number of other projects that we're involved in. I want to just for a
moment take — go over the last, line here, which is permits. Public Works is involved in a number of
permits which — news racks, --.we've been before you and we're going to be bringing that back — pay
telephones, bus benches, bus shelters, street lighting, banners, waterfront permits, stores .of Calle Ocho.
Each of these requires review, and on site inspection. So there's just a lot of activity. Architectural
design. We have completely — a complete design staff. In fact, we do all of the design. We are still using
drafting tables. You can see Mr. Poms is right here in the upper right, some of the photos of the
personnel. This is some of our projects. Kinloch Park, that's a rendering that's repaired, and later on,
you'll see the project as it currently exists right now. Shenandoah Park up here. It's a building that
they've already broken ground and started construction. You can see the rendering. Doesn't quite look
like that at the moment, but we're going to get there shortly. Completed projects. And I'll just zip
through. Most of these you're familiar with. Miamarina Piers; the Tower Theater, upper right, never is
enough to say about that project; planning project,.which we assisted in completing, which is open at the
present time. Morningside Guardhouse, there are two of those, and we just finished that. We need to
wrap it up by the way of the final payments to the contractor, but — Fire Station 12, as I mentioned earlier.
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It's on Northwest 46th Street. It's another completed project. Virginia — excuse me.. Virrick Gym is the
hangar door, which was a unique project in that it was a fully mechanically operated door which we
restored the historical .building. The water — Virrick Water Sports Center, which is right next to it there,
we completed that last fall in time for the World Blind Sailing event, which is nationally recognized. Also
under construction, Morningside pool and boat storage. On the upper right, the Orange Bowl ramps.
Every year, we do a number of projects for the Orange Bowl, but didn't have that work finished for the
first University of Miami game. Eaton Park Daycare Center, another project that's currently under.
construction. Curtis Park River Walk, the south side of Curtis Park, near the Miami River under
construction. Been a kind of challenging project in respect because of the contractor,.but we are nearing
completion. The Yes Center at Moore Park, another project that's currently under construction, on
schedule. Looks like it's going ,to be a very, very good project when it's finished. Also under
construction at Dinner Key Boatyard. And then as I mentioned earlier, the Kinloch Park Adult Center.
You saw their rendering. This is what it looks like today. It's — presently, it may need a little. more work
done. These photos are about a little over two weeks old. Virrick Park Community Center in Coconut
Grove, another major Safe Neighborhood Parks Bond Program that's under construction, two million
dollars ($2,000,000) plus. Covering the construction division, I have contract inspections and right-of-
way inspections and survey (unintelligible). We had over 47 project specifications and contracts that were
completed in. 1999. These are some photos of some of the personnel. This is — I think I forgot. Yvette
Smith is our accountant. She's also here today. Right-of-way inspections is an area that is tied back to the
telecommunications, the inspectors that actually go out and make those utility inspections, in. addition to
the building permit on-site inspections. We make two inspections, the setback and a final inspection in the
right-of-way area. And these are some of the personnel. Over 2500 inspections were made last year.
Construction, contract inspection. Over five million dollars ($5,000,000) worth of work under
construction presently. We did over that last year. I mentioned the Eaton Daycare Center, municipal
shops. Over here is a utility project. We're putting in waterlines and sewer lines for mobile trailers where
Public Works operations and Parks operations will be moving into those trailers whenever we get it
finished and get a seal. Survey and land records. Frank McMahon is the City surveyor, also takes — is
involved in the platting effort as far as compliance of right -away deeds and dedications. We also mark the
base building line on plans that are coming in for review to establish where the property line is for
developers. Central files. We have a complete central files section where we maintain our records, plats,
(unintelligible) sheets and various types of plans and from — from previous jobs and City facilities. One
survey crew. The crew actually goes out and stakes sidewalk, curb and gutter. We do some cross-section
work, topographic surveys, as -built surveys. That's sort of the personnel there. Our last division is the
operations division. It's headed up again by Mr. Charlie Brown. And right-of-way is Tim Smith,
supervisor. Mr. Danny Gardener is our storm sewer maintenance and Mr. Hector (unintelligible) is the
street maintenance. There are over 60 pieces of equipment, the normal type of equipment you'd find,
wheel orders, backhoes, dump trucks, pickup Vactors, Bobcat, that sort of equipment. This is a photo of
the right-of-way maintenance, which is trimming trees, mowing right-of-way and medians. We trimmed
over 2400 trees in.the last year. Sidewalk repair. We actually repair and replace a number of sidewalks
in-house. That's one of our Bobcats there, and you can see the finishing of the sidewalk here. So we also
are supplementing effort put out by work done by our outside contractor. Storm sewer maintenance.
That's one of our Vactor trucks there. We have four Vactors, three hundred and fifty thousand dollar
($350,000) rig, plus if you're interested in the cost. This is a before and after picture. You can see some
of the items that flow into our catch basins and clog them up, which causes flooding. And we have to go
in and vacuum them out. That's a pressure jet which we clean out our storm drains with. We're involved
94 6/8/00
in a number of projects, and I won't go through all of these. We're just going to scroll through them and
you can take a look at them, Safe Neighborhood Parks Projects and Lighting Projects.
Commissioner Teele: Guess we won't be hearing much out of Johnny Winton for the next two or three
years.
Commissioner Winton: I just got here. J.L. was pretty crafty.
Mr. Jackson: The Parks Department has a number of sports lighting from the Safe Neighborhood Parks
Bond effort and also the CDBG (Community Development Block Grant) projects that we work on. And
these are some of the projects from last year. We have a long list of projects for this year that we're
working on. As I mentioned, Eaton Daycare Center, Lemon City Daycare Center. I could open up for
questions.
Commissioner Regalado: Yeah, I got a question. The four Vactor trucks are working?
Mr. Jackson: Yes. I'm going to have to ask Charlie Brown right now. We had one down this week.
Charlie, how many do we have?
Charlie Brown (Superintendent, Operations, Public Works): Right now, we have a total of three working.
(Inaudible comment made by Mr. Brown not included in the record).
Commissioner Regalado: Mike, mike, mike.
Commissioner Teele: You've got to use the mike.
Commissioner Regalado: You got to use the mike.
Mr. Brown: Oh. We have three that are operational at this time. As I mentioned earlier, this is a piece of
equipment that's very — is very high maintenance, and they're constantly. in and out of the shop for — in
most cases, they're just minor, but they're in and out. Right now, there are three working.
Commissioner Regalado: OK. Another question. Do you have — and Mr. Manager, also. for you. Do you
have any surplus budget to have the Vactor crews work during the weekends ,in the next four or five
weekends?
Mr. Jackson: We have overtime money that — that, if need be that we could work on weekends. We have
a limited amount left, but if need be, we could work, yes, sir.
Commissioner Regalado:_ Let me tell you why. You know who William Gray is? The guru of the
hurricane season. And he has revised his prediction. And now we have one tropical storm on the Gulf
And the possibility of the Atlantic and South Florida being hit by a hurricane,, it's greater now than what
he predicted a month or two months ago. And it's because of some situations. But even if we are not hit
directly, there is going to be a lot of bad weather, because of La Nina and all these phenomena. And I'm
telling you, at least in my district, I'm getting so many complaints about flooding, because of what. the
people perceive as a clogged sewer system. Maybe,— you know, maybe it's just that we need a bigger or
95 6/8/00
better sewer system, like we are planning to do on the Flagami/Kinloch Park area. But I think it's
important, Mr. Manager, that we.should show that we are cleaning the sewers, because that would make
people feel safe. And to show that we are doing this even on weekends, at least on a Saturday, it would
improve. To clean a sewer, you take about two hours, right?
Mr. Jackson: Depending on how much needs to be cleaned. But I'm sure we can clean most in two hours,
yes.
Commissioner Regalado: Yeah, two hours. And so you can do like about three a day or three sites a day,
more or less?
Mr. Jackson: Three to four, that's what our estimate is, yes.
Commissioner Regalado: So I would — I would really suggest that you think about this, and try to
aggressively clean some sewers. I can give you, a lot of addresses, and you know I do. But — but I think
it's important. Let me tell you, I think it's very important on this sewer issue, because it's going to rain,
and it's going to rain hard in the next one or two months.
Commissioner Winton: Commissioner Regalado, are you talking about legitimately clogged storm
sewers, though, that are really clogged?
Commissioner Regalado: Yeah, yeah.
Commissioner Winton: You're not talking about just a perception issue. You're talking about a reality
issue.
Commissioner Regalado: No, no, I'm talking about legitimate.
Commissioner Winton: OK. Good.
Commissioner Regalado: But the problem, you see; most of the storm sewers are clogged, most, because
- because of - we have this, situation in many areas of the City. You have the people that go through your
yard with these things that they blow away, blowers that they blow away. And guess where they blow
away the leaves? Into the sewer. That's because they don't want to pick them up, so they blow it. I've
seen it. I've seen it so many times. So eventually, it gets clogged.
Mr. Jackson: We have right at 25,000 catch basins to clean, and we try to clean about 4,000 a year, you
know. So it takes several years to go around and completely clean all of them. So, you're right, some. of
them do — are clogged, and we have to go on a complaint basis.
Vice Chairman Gort: Let me tell you a little problem that I have. I have coffee with my father every
morning, and the people in the neighborhood have found out about it. So when I show up to sit down with
my dad in.the mornings at 7:30, 8 o'clock, I have people waiting for me. Today, I had someone — and we
need education, also. We need to show what you just showed us, the pictures of cleaning up one of the
holes, the debris that goes in there. We need to show and teach people that whenever you throw
something in the ground, that's going to end up in there at the end, and obstruct the water flood. But we
96 .6/8/00
0--_
have one case, which you're going to receive a memo, at 3525 Northwest 13th Street. This is one of those
it's not your regular manhole. It's the — I don't know what you call it. It's got the iron things. And it
was flooded. And the problem is that was new, it was done four years ago, and the person — I don't know
if this is correct or not — but the information that was given to that person was that somehow, they needed
to go underground and break it up, because the job was done wrong. And this was done for — he was told
about four years ago. He's been complaining about the same thing. We're going to have a lot of water
coming up this year. And the area that he's addressing, the Flagami area, we — you all know it. It's a very
low area. And we need to start cleaning it up. And we have to be straight with the public. If there's a
problem and we can't fix it, let them know. Because this guy was told four years ago, we need to come in
here and break up the bottom for some reason, because it was constructed wrong, whoever constructed it,
and we need to fix it. And they never came back again.
Unidentified Speaker: Mr. Chairman, one thing we can do is we — we should know those areas that are
problematic when -the rain comes. I mean, I know because I've been out -to some of those areas, and
we've actually taken some fire pumps and tried to pump some of that stuff out. But we can identify those
and then make a concerted effort to keep at least those areas, make sure that they're as clean as possible.
Vice Chairman Gort: I'll send you a copy of all the memos that I've sent to the previous individuals, and
I'm sure that Commissioner Regalado has got a copy of his memos, also. So we'll send them back to you.
Any other questions?
Mr. Jackson: Commissioners, I've just got one last thing.
Vice Chairman Gort: Yes.
Mr. Jackson: I have a — we have prepared a poster board for each of you for your districts that will —
which identifies the projects in your district.
Commissioner Teele: Give me Johnny's board. That's the one I want.
Mr. Jackson: Right. So certainly, again, thank you for letting us present the department.
Commissioner Regalado: Got a question. Is there a backlog on the sidewalks projects? One side — two
sidewalk sites that were supposed to start on May hasn't started yet.
Mr. Jackson: We have a number of — a long list. And, you know, this project this morning on the
sidewalk, you know, we're trying to — we do need to get a contractor working to pick up some of these
locations.
Commissioner Regalado: OK. The other question is when does the 32nd Avenue project start? Is it July
or -- ?
Mr. Jackson: We sent the contract to the contractor this week, and hopefully, we can get it back next
week and have a pre -construction meeting. I imagine that we should be working the first of July, at least —
Commissioner Regalado: The first of July?
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0 •
Mr. Jackson: Or before the first of July, yes.
Commissioner Regalado: And the last question is, you going to be around in a few minutes?
Mr. Jackson: Yes, sir, yes, sir, I'll be here.
Commissioner Regalado: Because I want to ask you something about the Tower Theater.
Mr. Jackson: I'll be here, yes, sir.
Commissioner Teele: Why don't you all have a special meeting.
Vice Chairman Gort: Thank you all, John. Thank you and keep.up the good work. You can go back to
work now.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Before they go, there's three things. I will not get into this. I would like at some
point to get a briefing on the impact fees, the districts that relate to the impact fees, if you could prepare a
memo through the Manager's office, and give me the boundaries and where that is now on impact fees. I
didn't see anything in your presentation on impact fees necessarily. I may have missed it. Was that
covered in your presentation?
Mr. Jackson: No, not necessarily, as far as,the boundaries and the funds that are left, no.
Commissioner Teele: OK. I would really — yeah. I would really like to just understand that, and to
coordinate.
Vice Chairman Gort: Commissioner.
Commissioner Teele: Sir?
Vice Chairman Gort: Commissioner Teele, about two years ago, when we were looking for sources of
funding to do the different My understanding is at that time, we had over seven million dollars
($7,000,000) in impact fees that was in reserve, because those funds are restricted and they have to be
utilized within each of the neighborhoods which the fee was derived from.
Commissioner Teele: Yeah, but see, the.— but the — that's exactly right. But we divide up the boundaries.
And see, since I've been sitting here, there's been no discussion on it. We just heard a briefing from the
whole Public Works Department., It didn't even come up. So I'm just declaring my interest right here
publicly that I'm going to start focusing like a laser on the impact fee issue, because clearly, it's
something that I think has sort of just stayed below the radar screen. That's number one. Number two,
who is the City Affirmative Action Officer?
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Carlos A. Gimenez (City Manager): Maria Ferrer-Miralles:
Commissioner Teele: All right. I would really like to get a report from Ms. Mirrales regarding the Public
Works Department, along with all departments. And I'm going to be discussing this, this evening. But
I'm a man, and I'm proud to be a man, I think and — but I really do think — and it's the same thing I said to
Garcia -Pedrosa, again I said it to Don Warshaw. I said it to you. I'm a little bit embarrassed that we don't
have women in senior level management in Public Works. I come out of the transportation. I know, as a
matter of history of America — Commissioner Winton said American hasn't always done everything right
in Washington, that the Coastguard, and the Federal Highway Administration and the Post Office were the
oldest three agencies in the entire U.S. (United States). And I also know that the Highway Administration
and the corollary Public Works Departments are among, the most male -only, including the Fire
Department today. They — you know, which used to be the male -only group. But Public Works all over
this country have a real problem with dealing with acceptance of gender. And we have a wonderful lady —
I don't know who she is. I've met her twice in the MRC (Miami Riverside Center) Building. She's an
architect. I saw her picture. I think — she was not here. I think that's unfortunate, because I think, you
know, her presence, you know, perhaps gives other balance to what I'm about to say. But I really do hope
that if we — if we have an Affirmative Action Officer that we will begin somewhere to setting very clear
standards, and literally requiring approval of the Manager to hire anybody until we get more gender
representation. I mean, I think I'm = I'm concerned about balancing ethnicity, but I've always said I'm
also concerned — and I think the four of us, the five of us have to express.that. Otherwise, we're going to
wind up with somebody saying —
Vice Chairman Gort: Let me tell you, I have six at home. So I think I can go for that.
Commissioner Teele: But I've got to say this. I'm a little embarrassed, to be very candid, that we don't
have more women in senior positions in the Public Works Department. And I say this positively. I'm
sure everybody that's there is competent, and good and congratulations. But I think as vacancies occur,
we need to really aggressively look for other persons of other gender and lifestyles that can be a part of
our dynamic and diverse City. And I wanted to thank you very much for the presentation today. That's
my third point. Thank you .very much.
Mr. Gimenez: Commissioner, we'll get to you a report, copies of the report on all departments and the
Citywide ethnic and gender breakdown.
Vice Chairman Gort: OK. `Thank you, Mr. Jackson. Appreciate it. Thank you.
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...... .....
30. AUTHORIZE CONTINUING ENGAGEMENT OF LAW FIRM OF DAVIS . WEBER &
EDWARDS FOR LEGAL SERVICES PROVIDED TO CITY IN CONNECTION WITH CASE OF
BEDMINSTER SEACOR SERVICES V. THE CITY OF MIAMI, ALLOCATING FUNDS, $75,000,
FROM'THE SELF-INSURANCE AND INSURANCE TRUST FUND.
Vice Chairman Gort: Next item we have is Item 26. Mr: Vilarell6.
Alejandro .Vilarello (City Attorney): Commissioners, this is request for authorization for continued
dollars associated with the City's representation of Bedminster Seacor Services versus the City of Miami.
This amount is anticipated to take us through the summary judgment stages of the case, which should
finalize the case. Some of the additional expenses that have come out of this case have been related to
going back and recreating and tracking down a significant amount of public records associated with the
case, and trying to ,build up the institutional knowledge on it. So unfortunately, it has built up quite a bit.
However, this should take us through the end of the case.
Vice Chairman Gort: Do I have a motion?
Commissioner Winton: So move.
Commissioner Regalado: Second.
Vice Chairman Gort: Is there a second? Any further discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-497
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CONTINUING ENGAGEMENT OF THE LAW
FIRM OF DAVIS WEBER & EDWARDS FOR LEGAL SERVICES
PROVIDED TO THE CITY OF MIAMI IN CONNECTION WITH THE
CASE OF BEDMINSTER SEACOR SERVICES V. THE CITY OF
MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT, CASE NO. 98-20458 CA 32; ALLOCATING FUNDS
THEREFOR IN AN AMOUNT NOT TO EXCEED AN ADDITIONAL
$75,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY,
FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND,
ACCOUNT CODE NO. 515001.624401.6.661 FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
100 6/8/00
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
101 6/8/00
31. AUTHORIZE DEPARTMENT OF COMMUNITY DEVELOPMENT TO PURCHASE
TWENTY-SEVEN FORD TAURUS AUTOMOBILES FROM GUS MACHADO FORD AND ONE
PASSENGER VAN FROM ABRAHAM CHEVROLET UTILIZING EXISTING CITY BID,
$437,585.39; ALLOCATING FUNDS FROM GRANTS RECEIVED BY CITY FROM U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
Vice Chairman Gort: Twenty -seven -A, purchase of vehicles.
Daniel Fernandes (Assistant Director, Community Development): Daniel Fernandes, Assistant Director of
the Department of Community Development.
Vice Chairman Gort: Mike.
Mr. - Fernandes: Item 27-A, Commissioners, is a request from the Department of Community
Development to meet our transportation needs by purchasing vehicles, rather than using the existing lease
system that we currently implement. We anticipate that the cost to lease the vehicles is approximately a
hundred and thirty-eight thousand dollars ($138,000) annually, and that with the purchase of the 27
vehicles, we would be able to make up the cost of that particular lease in three years. So we feel it's a
cost-effective measure for the department to conduct its monitoring and compliance activities, as well as
its inspection activities.
Commissioner Winton: What's the longevity of the purchased cars?
Mr. Fernandes: I honestly don't know that, what the longevity of the cars would be. Maybe somebody
from GSA (General Services Administration) would be able to answer that particular question.
Unidentified Speaker: I would say they last at least five years.
Commissioner Winton: Because if it's going to take three years for recovery, you better hope they last
longer than three; or it's better to lease.
Mr. Fernandes: One thing to keep in mind, too, is on the —
Unidentified Speaker: Excuse me. The police cars that we have normally will last — contractually, they
have a seven-year life span.
Vice Chairman Gort: Right.
Unidentified Speaker: And they take a lot (inaudible) beating than these cars will.
Vice Chairman Gort: Yeah.
Mr. Fernandes: One other (unintelligible) came into consideration, Commissioners, is that we've
requested 27 vehicles. And currently the hundred and thirty-eight thousand is for 20 vehicles. So the cost
will come down appreciably from that three-year point.
102 6/8/00
Vice Chairman Gort: OK. Do I have a motion?
Commissioner Teele: Mr. Chairman, I would move the item.
Commissioner Regalado: I'll second it.
Vice Chairman Gort: It's been moved and seconded. Further discussion?
Commissioner Winton: One more question
Commissioner Teele: Mr. Chairman, under discussion.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: These are not general funds. Even if they were, I think we have to have sufficient
vehicles to run. But again, .I mean, I think, you know — and I'm a majority of one — I really think that the
Department of Community Development should be a Grants Management Department. I think there's
operational issues. I mean, I. just came through a public hearing. I don't know when we're going to
discuss these public hearings. But these operational issues are what we've really got to take a look at.
And, you know, we're making a decision right now to buy four hundred thousand, half a million dollars
worth of cars to run something that is operational and not grants management. And I mean it's a
philosophy, philosophical issue. I'd like the Manager to look at both models, both options. But whether
they're — whether the operations is done by Community Development or it's done in a different mode,
we're going to need the vehicles, anyway. So I just hope that my support for this is not interpreted that I
really think that they should be involved in operational issues.
Vice Chairman Gort: The follow-up, yes, Commissioner Winton.
Commissioner Winton: Commissioner Teele, I asked that question today, because I heard what you said
last meeting, and I wholeheartedly concur with your thoughts there. So I wanted to know how this fit in
terms of those very specific thoughts. And what I was told is that — is that there are certain inspection
kinds of things that we're required to do by HUD (Department of Housing and Urban Development). You
know, they have to look at the condition of homes before the grants can be made. Not — and it didn't have
anything to do with the technical inspection once constructions starts. It had to do with the services
associated with getting the money out in the first place. So that's one of the answers that I got, because I
think your point is an outstanding point that we really do need to address .as we move forward here.
Vice Chairman Gort: My question, in following up is if the staff that you have presently is working for
CDBGs (Community Development Block Grants), I imagine you might have it divided in divisions.
Mr. Fernandes: Yes, sir.
Vice Chairman Gort: You would have your administrative personnel, and then you would have your other
personnel that will take care of the inspections and so on.
Mr. Fernandes: That's correct.
103 6/8/00
Vice Chairman Gort: What we're saying — and correct me if I'm wrong, Commissioner Teele — I think
what we're saying is and what you're saying is you should only concentrate on the administrative part of
it, and maybe the operational part of it, pass it on to the NET (Neighborhood Enhancement Team), or
however you believe would be more efficient for these people to do the work. In other words, they don't
have to be coming out of CDBG.
Commissioner Teele: Exactly.
Vice Chairman Gort: They could be distributed or located to the NETS, and they can work a lot. closer and
do a lot better. job.
Mr. Fernandes: Well, we understand.
Vice Chairman Gort: OK.
Mr. Fernandes: And if that happened, they would still need the vehicles, I guess —
Vice Chairman Gort:, Right. OK. Any further discussion? Being none, all in favor, state it by saying
aye.
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-498
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DEPARTMENT OF COMMUNITY
DEVELOPMENT TO PURCHASE TWENTY-SEVEN (27) FORD
TAURUS AUTOMOBILES FROM GUS MACHADO FORD AND ONE
(1) PASSENGER VAN FROM ABRAHAM CHEVROLET, UTILIZING
EXISTING CITY OF MIAMI BID NO. 99-00-68, IN A TOTAL
AMOUNT NOT TO EXCEED $437,585.39; ALLOCATING FUNDS
THEREFOR FROM GRANTS RECEIVED BY THE CITY FROM THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
104 6/8/00
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner -Arthur E. Teele, Jr..
Commissioner Johnny Winton
Vice Chairman Wilfredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
Vice Chairman Gort: Twenty-nine. (Inaudible) Advisory Board. You want to go into the — I understand
there's a PZ items —
Commissioner Teele: Can we go to zoning?
Vice Chairman Gort: Yes. — some PZ items that are
105 6/8/00
• � i
32. APPROVE CONTRACT WITH MAXIMUS, INC. TO PREPARE COST ALLOCATION PLAN
RELATING TO CITY'S FEDERAL GRANT PROGRAMS AND ALLOCATING $27,500 WITH
INCREMENTAL INCREASES OF $3,000.
Carlos Gimenez (City Manager): Mr. Chairman, can we go back to 24? We had that towards the earlier
half.
Vice Chairman Gort: Twenty-four? What was that?
Judy Carter (Director, Purchasing): This is the cost allocation plan. We're utilizing the State of Florida
contract. And I would ask for a'couple of amendments as relates to the contract number.
Vice Chairman Gort: OK.
Ms. Carter: The contract number should be 973596-99-1. The company's name is Maximus, Inc. And
the contract's term is until June 13`h, 2000, subject to further extensions by the State of Florida. And we
have been advised that they do intend to extend it for an additional year. All other should remain the
same.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Second? Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion?
Commissioner Teele: Where is Maximus headquartered?
Bertha Henry (Assistant City Manager): This is Bertha Henry, Assistant City Manager for Finance and
Administration. We'll have to get that information for you, Commissioner.
Commissioner Teele: All right.
Ms. Carter: Your hometown, Tallahassee.
Commissioner Regalado: Shouldn't ask.
Vice Chairman Gort: Any further discussion? All in favor, state it by saying "aye."
The Commission.(Collectively): Aye.
Commissioner Teele: Never ask a question if you don't know the answer.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
106 . 6/8/00
RESOLUTION NO. 00-499
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ENGAGEMENT OF MAXIMUS, INC.,
PURSUANT TO FLORIDA STATE CONTRACT NO. 973596-99-1, TO
PREPARE THE COST ALLOCATION PLAN RELATING TO THE
CITY'S FEDERAL GRANT PROGRAMS, IN AN AMOUNT NOT TO
EXCEED $27,500 FOR THE FIRST YEAR THROUGH JUNE 13, 2000,
WITH THE OPTION FOR TWO ONE (1) YEAR RENEWALS, WITH
INCREMENTAL INCREASES OF $3,000, SUBJECT TO
EXTENSIONS OF THE CONTRACT WITH MAXIMUS, INC. BY THE
STATE OF FLORIDA; AUTHORIZING THE EXECUTION OR
ISSUANCE OF ALL DOCUMENTS NECESSARY; AND
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
921002-270 FOR SAID PURPOSE.
(Here follows body of resolution; omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and ,adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny'Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
[NOTE: AT 3:56. p.m., THE CITY COMMISSION TEMPORARILY. TABLES
CONSIDERATION OF THE REGULAR PORTION OF THE AGENDA IN ORDER TO
CONSIDER ITEMS FROM THE PLANNING AND .ZONING PORTION OF THE AGENDA.]
107 6/8/00
9 •
33. APPROVE RELEASE OF COVENANT RUNNING WITH THE LAND FOR PROPERTY
LOCATED AT 1756 ESPANOLA DRIVE.
(Applicant: Claudette Endacott)
Vice Chairman Gort: OK. We go back to — let's do the Zoning. Where do we have the Zoning today?
PZ — I understand we have two Zoning items.
Alejandro Vilarello (City Attorney): We've got Carter, we have Calor and this discussion item, as far as
our items go, and then PZ and the budget, and they're discussions, discussion items. You're on PZ,
Commissioner?
Vice Chairman Gort: Yes. PZ -2. I don't have a PZ -1. PZ -1. 1756 Espanola Drive. Anyone that's going
to testify on any of the items in the Zoning Board and zoning matters needs to be sworn in. Anybody
that's going to testify, please stand up and raise your right hand. Excuse me. Everybody has to be sworn
in. Will you go ahead, Walter?
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: Yes, ma'am.
Lourdes Slazyk (Assistant Director, Planning and Zoning): Thank you. PZ -1 is a request for release of a
covenant running with the land for property at 1756 and 60 Espanola Drive. The original covenant, the
way it was written, since there was one residence on two lots, the covenant provided that they were not
allowed to — they had to keep it as a single-family unit, not to be used as a rental dwelling or rental unit.
This is the type of covenant that doesn't allow them to rent a second unit on a single-family home, which
is something that's kind of covered by the Code today. They would be an illegal unit. Subsequent to this
time, since it was two lots, they pulled a building permit and built a second single-family residence on a
separate lot. This covenant is covering both of those properties, so there's no longer a need for it, because
they have two legal single-family houses on two single-family lots. So the covenant becomes redundant
now, because the law already covers illegal units. So there's no technical reason, no objections to why
this shouldn't be released.
Vice Chairman Gort: OK. Thank you.
Commissioner Winton: Move it.
Commissioner Regalado: Second.
Vice Chairman Gort: OK. Is there any discussions? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved its adoption:
108 6/8/00
RESOLUTION NO. 00-500
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, APPROVING THE RELEASE OF A COVENANT
RUNNING WITH THE LAND, DATED JUNE 16, 1977, RECORDED
IN THE OFFICIAL RECORDS OF MIAMI -DARE COUNTY,
FLORIDA, NO. 9713, PAGE 722, FOR THE PROPERTY LOCATED
AT APPROXIMATELY 1756 ESPANOLA DRIVE, MIAMI, FLORIDA.
(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: Commissioner Tomas Regalado
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Joe Sanchez
109 6/8/00
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34. APPROVE DEVELOPMENT PLANS FOR CONSISTENCY WITH DOUGLAS ROAD
METRORAIL STATION AREA DESIGN AND DEVELOPMENT (SADD), AND CONSIDERATION
OF APPROVAL OF THE MASTER PLAN DEVELOPMENT STANDARDS.
(Applicant: Pedro G. Hernandez for Miami -Dade County)
Vice Chairman Gort: PZ -2.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -2 is a review for consistency of the
development —
Vice Chairman Gort: Let me ask a question. And I apologize, but how come this is in the regular Agenda
instead of the Zoning Agenda?
Ana Gelabert (Director, Planning & Zoning): PZ -2 has to be heard —
Vice Chairman Gort: I mean PZ -1 and PZ -2, either one of them, both of them.
Ms. Gelabert:.PZ- 1 was a request by the applicant. And PZ -2 you have (unintelligible) that the County
has given the City 60 days to respond. If it wasn't heard today, they wouldn't have an opportunity to
review this (unintelligible).
Vice Chairman Gort: OK.
Ms. Slazyk: OK. PZ -2 is the review for consistency for developments plans with the Douglas Station
area design and development plan and approval of the master plan development standards for the Douglas
Station development. The project that's being proposed is approximately a 150,000 square foot office
development with approximately 700 parking spaces and a garage structure. The department reviewed the
project with the SADD (Station Area Design and Development) plan for the Douglas Road Metrorail
Station, which identifies new high density mixed uses, including office uses as the types of uses, which
would be appropriate to promote at the station area location. Based on that review, and review of the
master plan development standards that were prepared by the County and submitted to us, we find that it is
appropriate and it is consistent with the SADD. In our review, though, outside of the actual development
site for the new office building and garage is the rest of the surface parking lot that serves this Metrorail
Station. We believe that that surface parking lot does not comply with the City's landscape guides and
standards. We call for more trees. Every nine to ten parking spaces, we call for a landscape island. This
surface parking lot doesn't comply with that. And while we understand it's outside of their actual
building site, it is still within the same ownership. It's County ownership, and it's adjacent to this. And
we would recommend that -additional landscaping be provided in that surface parking lot. On top of that
one, this went to the PAB (Planning Advisory Board) on May 31St. The Planning Advisory Board agreed
with that, and they requested several other recommendations be attached to this resolution to you. First of
all, Public Works requires that this be replatted, since there is a street running through the center of the
station site that would need to be closed and replatted to accommodate this project. The Planning
Advisory Board also asks that a traffic study be submitted. Because of the street closure and because of
the neighborhood that it abuts, they wanted to make sure that the traffic patterns were studied, including
signalization when this gets developed. It's going to be about a 150,000 square feet off and 700 new
parking spaces, which is going to'bring a lot more traffic. The fourth thing that the PAB asked be added is
110 6/8/00
the possibility of using the; floor of the parking garage for Metrorail users. The applicant indicated at
the Planning Advisory Board meeting that this garage was solely for use by the new WASA (Miami -Dade
Water and Sewer Authority) facility and patrons to the facility, and it would not be open to Metrorail
users. Being that the rest of the parking on the site is a surface lot with insufficient shade, they wanted the
County to look into the possibility of making the first floor available for Metrorail users for garage. Those
were the four recommendations that the Planning Department and the Planning Advisory Board would ask
you to consider.
Vice Chairman Gort: Thank you. Yes, ma'am.
Adrienne Pardo: Hello. My name is Adrienne Pardo with law offices at 1221 Brickell Avenue. We're
here today on behalf of Miami -Dade County with regards to the master plan for the Douglas Road — for a
portion of the Douglas Road Transit Station. With me here today is Sharon Mitchell, Assistant Director of
Miami -Dade Water and Sewer Department; George Ferrer, the architect with Bermello and Aja mil; Diana
Gonzalez, consultant for Rouse Coral Gables; Hank Marks, Project Manager for Rouse Coral Gables; Ann
Pope, Development Director for the Rouse Company; Yvonne McDonald, Executive Director and CEO
(Chief Executive Officer) for the Coconut Grove —
Vice Chairman Gort: I'm sorry. Before you continue, this is the — the applicant is Dade County?
Ms. Pardo: Yes.
Vice Chairman Gort: And the Water and Sewer Department?
Ms. Pardo: Dade County.
Vice Chairman Gort: OK. I think the company that I work for is presently doing some — done some work
for the Department, so I guess I would probably have a conflict if I'm going to stay here.
Joel Maxwell (Assistant City Attorney): Are you saying that you work for Dade -County Water and
Sewer? You have a contract with them?
Vice Chairman Gort: The Company that I represent, that I work for have done bond issues with the Water
Department.
Mr. Maxwell: Do you have one presently pending with the Water Department?
Vice Chairman Gort: There might be some.
Mr. Maxwell: Yes, sir.
Ms. Pardo: Joel, the applicant in this case is Dade County.
Mr. Maxwell: I thought I heard you a second ago, Ms. Pardo, say that the applicant was WASA, as well.
111 6/8/00
i
Ms. Pardo: I said Dade County, and then I said with me here today was Sharon Mitchell from the Water
and Sewer Department.
Mr. Maxwell: OK. Commissioner — OK.
NOTE: At this point, Vice Chairman Gort exits the Commission Chamber.
Mr. Maxwell: Excuse me. The applicant — I'm sorry, Commissioner. This question is for the " Chair —
Commissioner Teele has just asked who the applicant is. Is the applicant Rouse Corporation?
Ms. Slazyk: No.
Mr. Maxwell: Is the applicant Dade County, or is the applicant WASA?
Ms. Slazyk: The applicant is Dade County. The County Manager's Office — the letter, the application
letter was signed by Pedro Hernandez, senior assistant to the County Manager.
Commissioner Teele: What department of the County? I mean everything is the County or the City, I
mean.
Ms. Slazyk: Well, they didn't say which department. It was Pedro Hernandez.
Ms. Pardo: Just for the record, the purpose is for a headquarters for the Water and Sewer Department.
And that's why I made reference to Sharon Mitchell. But the applicant was Dade .County — is Dade
County.
Commissioner Teele: But if it's Water and Sewer, I mean — you know, it's being Water and Sewer funds,
as well, because that's an enterprise account.
Ms. Slazyk: We have a memo in our file signed by Merrett Stierheim authorizing his senior assistants and
executive assistant to —
Mr. Maxwell: Mr. Chairman —
Ms. Slazyk: -- to sign documents related to this.
Mr. Maxwell: Given the ambiguity of the application, I would still advise Chairman Gort not to
participate in these deliberations.
Commissioner Winton: Well, the problem with that is that then we're not going to participate in anything,
if I understand that correctly. Don't we have a deadline for being able to respond?
Mr. Maxwell: No, no, you have three. You still have three Commissioners here to make a decision.
Commissioner Winton: Then I misunderstood what you said.
112 6/8/00
Mr. Maxwell: No. He has a personal conflict of interest.
Commissioner Teele: The conflict – I mean, I think it's – I think, you know, given what the Chamber of
Commerce has been saying, and given what the County has been saying, I mean, I really think that the
County and counsel should come back with this application and clean this up, because I don't – I really
take notable exception to putting my colleague in a position where it's ambiguous or whatever. If this is
Dade County, if this is for an office for Dade County Water and Sewer, it is Water and Sewer. That is an
enterprise account. And if we have a Commissioner that is doing his business in that, God bless him and
that's well. But it's no need to make this ambiguous and to put him in a position that it looks like we
don't know what we're doing here. So with all due respect; I mean, I think you all need to clarify this
before we proceed any further. I really do. I mean, I happen to know personally two people that have
gone to jail in similar situations; one of which is a woman in Lee County who is currently – and it's just
not fair - on unintentional bond issue kind of things.
Ms. Pardo: If I could respond? Joel, did you want –
Mr. Maxwell:. Yes. Commissioner you must be – I think you need to be aware that the County Code
provisions that this is traveling under were amended back on February 21" of this year. And one of the
things that was changed was there is a provision in there, this whole procedure dealing with the Douglas
Road Metrorail Station and the Rapid Zone situation was amended. And one of the things that they added
in there was a provision that gave the local governing body 60 days after receipt of the application –
Commissioner Teele: What does that have to do – what does the—
Mr. Maxwell: The 60 days runs in this particular instance—
Commissioner Teele: But that doesn't deal with what I'm talking about.
Mr. Maxwell: Well I – unless I misunderstood you, and that's possible, was that you were asking for
clarification before you rendered the decision of this Board.
Commissioner Teele: Mr. Attorney, this item will not be heard today. OK?
Mr. Maxwell: Well, I understand that. That's totally the prerogative of the Board. What I'm –
Commissioner Teele: No, that's the prerogative of one person now. Any one person can say it's not
going to be heard.
Commissioner Winton: Commissioner Teele, before you make the, firm decision about that, which I
would back you on, the point here is that if we make – if I understand this correctly – if we make that
decision today, then we don't get an opportunity to make any comments about this, because we will miss
the 60 -day window.
Mr. Maxwell: Yeah. Could I read that section?
Commissioner Winton: Now, that's what I think I'm understanding.
113 6/8/00
Mr. Maxwell: Yeah. May I read that section to you, Commissioners? Commissioners, if I may, Mr
Chairman?
Commissioner Teele: Yes, sir, please.
Mr. Maxwell: Here's the section that's in question here. I'd like to read it into the record. It says: The
municipal governing board shall. have the power to approve or reject the standards, but shall not modify
the standards as submitted unless extended by agreement with the County Manager. Failure. of the
municipal governing board to reach a final decision on the proposed development standards within 60
days after receipt of the standards may be deemed by the County to be a lack of objection.to the standards
as proposed. If the governing board rejects the proposed development standards, the proposed County
Office development shall not be permitted at the site unless the Board of County Commissioners
determines after duly noticed public hearing that the proposed develop standards — and then they go into
that. The key words here are, one, of. course, 60 days, which I believe runs very soon, before your. next —
tomorrow is it? And the second is the word, "may." Now, that's not a "shall," as you know, which is
absolutely mandatory. But you run the — the Board runs the risk that the County will deem it an objection.
Commissioner Teele: Well, it gets back to the same issue that Commissioner Sanchez had on the Vizcaya
Station and all of that.
Mr. Maxwell: It's.a little different, because these standard — this criteria was not in place then. This was
only adopted by the Metro Commission, Miami -Dade County Commission on February 21". And it
pertains just to this location.
Commissioner Teele: Well, just answer the three questions. If we do nothing, what happens?
Mr. Maxwell: It says may —
Commissioner Teele: If we approve it, what happens? And if we reject it, what happens?
Mr. Maxwell: If you approve it, it goes on to the County, and they probably will approve it. If it's — if
you do nothing, it will be deemed a lack of objection. In other words, an approval. If you reject it, it then
can go to the County again, and the County Commission can overrule you. That's what it amounts to.
Commissioner Teele: So in effect, the County has the final say?
Mr. Maxwell: The final word. They have it, either way.
Commissioner Teele: And the County, by simple majority?
Mr. Maxwell: Yes, sir.
Commissioner Winton: Commissioner Teele.
Commissioner Teele: Commissioner.
114 6/8/0.0
Commissioner Winton: This project is in my district,. and the recommendations from the Planning
Advisory Board and staff, with the exception of one that I'm. still struggling with here a bit, I'm very
interested in us working hard to get put into place, because I think it will make a significant difference on
the surrounding neighborhood. So while I understand —
Commissioner Teele: Did you have a motion?
Commissioner Winton: Yes, sir.
Commissioner Teele: Please.
Commissioner Winton: I would move the acceptance of the Planning Advisory Board staff's
recommendations with the exception of their recommendation of the reserved parking on the ground floor,
period.
Commissioner Teele: Moved and seconded. Is there further discussion? Are there any persons from the
public here that want to be heard in favor or in opposition of this? Further discussion, Commissioner
Regalado?
Commissioner Regalado: Yeah, just one question. Mr. City Attorney, we are absolutely sure that what
Chairman Gort did is the right thing, that it's on the record,. that no one can question this?,
Mr. Maxwell: Whenever you are uncertain —
Commissioner Regalado: You are certain of that, sir?
Commissioner Teele: No, but whenever you're uncertain you do not vote.
Mr. Maxwell: Whenever you're uncertain, it's prudent not to vote. If you are — I'll leave it at that. If you
are uncertain, do not vote. And in this case, we'd advise —
Commissioner Teele: If there is _a question in your mind, the answer is don't vote
Commissioner Regalado: OK.
Commissioner Teele: Absent yourself from the proceedings.
Mr. Maxwell: That's right. But..always ask, ask legal counsel for guidance, because you can 'rely upon
that.
Commissioner Teele: Although the County Attorney has always said that that request should not beAone
publicly, but should be done privately, because there is opinion that says somewhere that what you're
doing is telling your buddies this is important to me. ' So you got all of that, issues to sort of work through.
And I'd like for you all to work with the County Attorney and come up with one ruling on that, if you can,
115 6/8/00
on how you request that guidance. Because the State law says you will not participate in the discussion
and absent yourself from the — absent yourself from the proceeding.
Mr. Maxwell: We normally do ask for that to occur.
Commissioner Teele: Further discussion?
Commissioner Winton: Yes. Ms. Pardo, I hope that you carry the message back to the County that these
recommended changes are very important to the stability of the surrounding neighborhoods. And: since
both the County and the City receive ad valorem taxes, based on the value of real estate assets that I
believe strongly that in order to maintain the quality of life in those neighborhoods, these additional
landscaping requirements and buffers are very, very important to us and to the County, in that we
wouldn't — I'm sure they wouldn't.want to do anything that could diminish the value of the surrounding
properties, and we think this will help. So I hope you carry that .message very strongly. back to the
County.
Ms. Pardo: Absolutely.
Commissioner.Winton: Thank you.
Commissioner Teele: Commissioner Regalado?
Commissioner Regalado: No further questions.
Commissioner Teele: Let me just understand. This is a County facility owned by Water and Sewer; is
that correct?
Ms. Pardo: No. The land is owned by Dade County. It's in order to construct an office building,
headquarters for the Water and Sewer Department.
Commissioner Teele: Headquarters. Is this the famous Rouse deal? This is not the Rouse deal?
Ms. Pardo: Well — with regards to Merrick Park? I'm not quite sure —
Commissioner Teele: No. I thought Rouse was the developer of that. Who's the developer for the
building itself? The County? Who's that lady that's giving all the signals in the back?
Diana Gonzalez: Diana Gonzalez with offices at 7800 Southwest 57th Avenue in South Miami.
Commissioner Teele: And Ms. Gonzalez, it's always a pleasure. Ms. Gonzalez, as everyone knows, was
the head of the Office of DDFM that built all of the joint development facilities in the County, and was
very instrumental in building the Ninth Street Mall, which I. am always grateful.
Ms. Gonzalez: We're always proud of. that one. Thank you, Commissioner. The Rouse Company is
providing pro bono construction management services and project management services to Miami -Dade
County for the purpose of developing the Water and Sewer facility at this location. Miami -Dade County
116 6/8/00
•
E
will approve the contract with the design builder, and Miami -Dade County basically is the developer
Rouse has,stepped in to provide the management services in order to expedite the project.
Commissioner Teele: The County requires a disclosure of ownership. Is this the project that Mr. Mas
Vidal is a part of, as well?
Ms. Gonzalez: Mr. Mas Vidal is a — is part of the development team with Rouse Coral Gables, yes, sir.
Commissioner Teele: All right. Thank you. Further discussions? Mr. Clerk, call the roll.
The following resolution was introduced by Commissioner Winton; who moved its adoption:
RESOLUTION NO. 00-501
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING;
WITH - CONDITIONS, THE DOUGLAS ROAD METRORAIL
STATION PROJECT FOR CONSISTENCY WITH THE' DOUGLAS
ROAD METRORAIL STATION AREA DESIGN AND
DEVELOPMENT PLAN (SADD), AND CONSIDERATION OF
APPROVAL OF THE MASTER PLAN DEVELOPMENT
STANDARDS, PURSUANT TO ARTICLE 4 OF ZONING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO BE
LOCATED ADJACENT TO THE DOUGLAS ROAD METRORAIL
STATION AT .THE INTERSECTION OF SOUTH DIXIE HIGHWAY
AND DOUGLAS ROAD, MIAMI, FLORIDA; AND DIRECTING THE
TRANSMITTAL OF THE HEREIN RESOLUTION.
(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: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
ABSTAINED: Vice Chairman Wifredo Gort
Commissioner Teele: Thank you very much.
Ms. Pardo: Thank you very much.
117 6/8/00
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Commissioner Teele: Obviously, one of the things that I would have said, it's not appropriate to tie these
issues to zoning. But the City is really having a very difficult time with Water and Sewer with these
impact fees that have nothing to do with impact. And our parks, especially, as a part of the Safe
Neighborhood Bond Program. And it really does create a lot of heartburn for me to vote to support
something that winds up really hurting the little people in the City of Miami. And I would hope that I'm
able to separate between bad public policy, what I perceive to be bad public policy and our responsibility
to do our job in building and zoning. But to the extent that you're comfortable, please convey to the Public
Works — the Water and Sewer Department our real concern about fees, particularly relating to the parks
under the Safe Neighborhoods Bond Program, that are literally destroying our budgets that they're coming
back with. And in the case of Hadley Park, where we have a major olympic swimming pool, they even
had the nerve to say you need an upgrade there. And I mean it's just, you know, fifty, six thousand dollars
($60,000). Absurd. Even Water and Sewer had to recognize that that was possibly an error. So, please,
work with us.
Ms. Pardo: I'll definitely pass that along.
Commissioner Teele: Thank you very much.
Ms. Pardo: Thank you very much for your time.
NOTE: AT THIS POINT, THE CITY COMMISSION TABLES CONSIDERATION OF THE
PLANNING AND ZONING PORTION OF THE AGENDA AND RESUMES CONSIDERATION
OF THE REGULAR AGENDA.
118 6/8/00
35. (A) DEFERRED: APPOINTMENTS TO AFFIRMATIVE ACTION ADVISORY BOARD.
(B) BRIEF COMMENTS BY COMMISSIONER GORT REGARDING ETHICS
COMMISSION AND ELECTED OFFICIALS.
Commissioner Teele: Commissioner Gort. Next item. Is that it?
Commissioner Regalado: Twenty-eight.
Walter Foeman (City Clerk): Commissioner Winton has two appointments to the Affirmative Action
Board.
Commissioner Teele: Well, let's hold for Commissioner Gort. All those people are here for that one
thing? Somebody's being paid by the hour. Great. I see where our water and sewer back fees are going.
Commissioner Winton: I don't have any.
Commissioner Teele: Can we just wait for Commissioner Gort, please, if it's convenient for him?
Commissioner Winton: In the interim, could I make a comment to the public at large that might be later
watching this? On these., different and various committees, which I have not made appointments, if there
are those of you out there who would like to participate, please get a. hold of my office, because I'm
looking for a few good people to serve on a few good boards.
Vice Chairman Gort: There's something I want to -- The Dade League of Cities, you know, there's a new
Ethics Committee that has been made up by the County, and they've had a lot.of workshops. And I think
our Law Department participated in it. But what really got to me, my understanding is that we can request
an opinion from our Law Department, and that opinion can be given to us. And if for some reason, the
Ethics Committee believes that the wrong opinion was given to you, you're in trouble, even if you go by
what your department tells you.
Commissioner Teele: You absolutely are in trouble. I mean, you know, the City Attorney is the arbitrator
and the final decider of our Charter. But ethics opinions generally are covered by State law and County
ordinances. And to the extent I mean,, you know, there are a whole lot of folks in jail saying, "I relied
upon my lawyer." Fortunately, lawyers generally are not required to go with their client when they give
them bad advice. But I mean it.— I think the advice our Attorney gave us, which is, if there is a question, a
serious question —.and Mr. Attorney; you can state it for yourself.
Alejandro Vilarello (City Attorney): Certainly, you should bring it to my attention. If you're relying on
the advice of counsel, and that advice is in a written form and takes into consideration all the facts and
considerations, that will certainly go to the benefit of the elected official who relies on that opinion.
Vice Chairman Gort: But at the same time, I think it's very important —
Commissioner Teele: You hear what he said? It goes to the benefit. In other words, that's elements for
your defense.
119 6/8/00
Commissioner Winton: It might get you six months less in jail.
Vice Chairman Gort: What I'm saying is, these ethics workshops that are taking place by the Ethics
Committee, I think we have participated in, and my suggestion is the next one, I'll let you all know, so
you all can go and be more aware.
Mr. Vilarello: Well, Commissioner, in fact, the Dade League of Cities has one.tomorrow morning.
Vice Chairman Gort: Right.
Mr. Vilarello: Which is an excellent — several lawyers from the office are going.
Vice Chairman Gort: Good:
Mr. Vilarello: And it's available to all public officials.
Vice Chairman Gort: Great. Thank you. Next item, 28. You're not going to speak today? We'll give
you a break in a minute. We'll find an issue for you. Twenty-eight. This is the board appointments for
Affirmative Action. Commissioner Winton.
Commissioner Winton: I haven't got any.
Vice Chairman Gort: OK.
120 6/8/00
36. APPOINTING MEMBERS TO THE BROWNSFIELD ADVISORY BOARD, REDEVELOPMENT
AREA (Albena Sumner, Ernie Martin, Emilio Lopez and Larry Misrach).
Vice Chairman Gort: Brownfields Advisory Agenda.
Walter Foeman (City Clerk): This is an application board, and there are eight appointments needed. The
first three are for residents within an area adjacent to the Brownfields area. Two incumbents have applied.
Vice Chairman Gort: I'll appoint Albena Sumner.
Mr. Foeman: We received two applications.
Vice Chairman Gort: And Ernest Martin.
Commissioner Teele: Ernie Martin.
Mr. Foeman: Yes. That was the other application we received.
Vice Chairman Gort: Do Lhave a second?
Commissioner Teele: Second.,
Vice Chairman Gort: It's been moved and seconded. All in favor of the nominations, state it by saying
aye. _
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO. 00-502.
A MOTION REAPPOINTING ALBENA SUMMER AND ERNIE
MARTIN AS MEMBERS OF THE BROWNFIELDS ADVISORY
BOARD TO THE CATEGORY ENTITLED "RESIDENTS WITHIN OR
IN AN AREA ADJACENT TO THE BROWNFIELDS
REDEVELOPMENT AREA."
121 6/8/00
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
Vice Chairman Gort: Two appointments needed for business owners within Brownfields Redevelopment.
One has been received, which is Emilio Lopez, the incumbent.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort,: It's been moved.' Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: All in favor state it by. saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-503
A MOTION. REAPPOINTING EMILIO LOPEZ AS A MEMBER OF
THE BROWNFIELDS ADVISORY BOARD TO THE CATEGORY
ENTITLED `BUSINESS OWNER � WITHIN BROWNFIELDS
REDEVELOPMENT AREA."
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado'
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice. Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
122 6/8/00
Vice Chairman Gort: Two appointments in here for representatives of banking, land development or real
estate or other business. The applicant is Larry Misrach.
Commissioner Teele: One application. I would move that application.
Commissioner Regalado: Second.
Vice Chairman Gort: All in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-504
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE BROWNFIELDS
ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS,: None
ABSENT: Commissioner Joe Sanchez
123 6/8/00
37. APPOINTING MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS
AND/OR MEMBERS OF VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND
AGENCIES.
Vice Chairman Gort: Item 30. Commissioner members of the boards. I thought we had gone through
this. Do we have to do it —?
Walter Foetnan (City Clerk): No: We didn't take any action. We put it on there because we had to
schedule it, but no action was taken.
Vice Chairman Gort: But I thought actions were taken in December, and it's from December to
December.
Mr. Foeman: No. The Charter says it has to be in May, has to be before the June meeting.
Vice Chairman Gort: OK. You have all the appointments. Do.I have a motion to (inaudible)? Anybody
wants to change?
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: With your permission, I would move the adoption with the exception as printed on
Page 2, the insert, Bayfront Trust, Joe Sanchez; Coconut Grove Film -Festival, Commissioner Regalado;
Dade Community League, Commissioner Gort, DDA (Downtown Development Authority),
Commissioner Gort; Enterprise Zone Advisory Council, anybody want that? Teele. Florida League of
Cities, Commissioner Gort; Miami Convention Visitors Bureau, Commissioner Regalado; International
Trade Board, Commissioner Winton; Latin Havana Festival Committee, Commissioner Regalado; Miami -
Dade Community Action Board; Commissioner Sanchez; MPO (Metropolitan Planning Organization),
Commissioner Teele; HIV -AIDS, Commissioner Sanchez; MSEA (Miami Sports and Exhibition
Authority), I'm going to skip that one for the time being; Omni Advisory Board Redevelopment, Teele,
Chairman; Winton, Vice Chair; Southeast Overtown/Park West, Teele, Chair; Winton, Vice Chair;
Southeast Employment Training Council. Commissioner Winton, are you going to that meeting?
Commissioner Winton: Huh?
Commissioner Teele: The Southeast Employment and Training Consortium?
Commissioner Winton: (Inaudible, speaking off microphone.)
Commissioner Teele: Do you want to serve on that, or would you like for me to serve on it, or
Commissioner Sanchez or Regalado?
Commissioner Winton: It —
124 6/8/00
Commissioner Teele: I mean, they meet every month or every quarter, and I understand you have not –
you know, you. know, I—
Commissioner Winton: Right. So if –
Commissioner Teele: If you to stay on it –
Commissioner Winton: No, no, I don't have any burning desire to. I don't Have any shortage of things to
do. So if somebody could do a –I'm sure somebody would do abetter job than I'm doing. So.
Commissioner Teele: Well, let's temporarily pass it and see if Commissioner Sanchez would like to do it.
TDC (Tourist Development Council), Teele; and the Dade County Visitors Industry, Education and Trust,
Commissioner Regalado. I would so move those names. That leaves two to be discussed.
Vice Chairman Gort: It's been moved. And second?
Commissioner Regalado: Second. '
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-505
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
MEMBERS OF THE MIAMI CITY COMMISSION AS
CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON
VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND
AGENCIES FOR TERMS AS DESIGNATED HEREIN.
(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: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
125 6/8/00
38.DEFER APPOINTMENTS TO CULTURAL AND FINE ARTS BOARD.
Vice Chairman Gort: OK, 32. Health Facility Authority Board.
Commissioner Regalado: Thirty-one.
Vice Chairman Gort: Cultural and Fine Arts Board. Commissioner Winton has one nomination.
Commissioner Teele has one nomination.
Commissioner Winton` I don't have one.
Commissioner Teele: I don't have one at this time.
Vice Chairman Gort: Gentlemen, let me tell you, this, board is really taking off and is going to do a lot of
work. And part of the work is not only the — make sure that we are up with the cultural environment that
we should be to, but at the same time, one of the tasks that was given to this board is we have to find
common denominators where we can bring our community together. We have been able to bridge some
of our senior citizens through the Dominos. We've had Dominos contests all over the City and we have
participants from all the neighborhoods. Culture is another way to bring the different groups, different
ethnic groups together so they get to know each other a little better. So we'll skip that one. Thirty-two,
Health Facility Authority.
Commissioner Teele: May I just inquire of one'thing? Commissioner, Mr. Chairman, are you a member
of this board?
Vice Chairman Gort: No, I'm not a chairperson. I think that's Commissioner Regalado's board.
Commissioner Regalado: Which board?
Commissioner Teele: Culture and Fine Arts.
Commissioner Regalado: No. The. Chairman is Tony Wagner, who is the NET (Neighborhood
Enhancement Team) Administrator for Coral Way. No Commissioner is a member of that board. We just
have appointments there.
Commissioner Teele: Well, 'you know, I hear what you're ,saying, Commissioner, Mr. Chairman, and I
really agree with you. And I also think that one of the things that we should do is look proactively at ways
we can promote culture and fine arts. The Miami Children's Museum, for example, is looking for a home.
I mean, you know, and — and I don't know where that stands now. I wish the staff would look into that.
But, I mean, that's an example of how we really should be proactively working to do that. And I take to
heart your concerns. Do we each have one appointment?
Teresita Fernandez (Chief Officer, Hearing Boards): May I?
Walter Foeman (City Clerk): Yes.
126 6/8/00
Ms. Fernandez: Teresita Fernandez for the Office of Hearing Boards. At the present time, we don't have
a Chairman. Mr. Tony Wagner has served as interim Chairman in all the meetings that we have had. But
that's right, each Commissioner has one appointment.
Commissioner Teele: How many people on the board?
Ms. Fernandez: We have three members. We have Regalado's, Gort's, and Sanchez'.
Commissioner Teele: No, no. How many people are authorized?
Ms. Fernandez: Five.
Commissioner Teele: The Mayor doesn't have an appointment?
Ms. Fernandez: No.
Commissioner Teele: All right. Commissioner, I'll make an appointment on this soon. Can we get
permission to file an appointment by — well, can we get permission to file it by letter?
Mr. Foeman: Sure, sure.
Vice Chairman Gort: By memo?
Mr. Foeman: You can make that, that directive.
Commissioner Winton: And by the way, Commissioners, if you all have - on some of these boards, if you
all have people that are really good and want to serve on boards, and you've already made your
appointments ,and I've got openings, you know, I'm wide open in these areas where I've got some of these
openings to — I don't care where people live. I just want good people on these boards.
Commissioner Teele: What is the Miami Art Museum? To establish the Miami Art Museum? The
Miami Art Museum? Is that something we're trying to establish?
Commissioner Regalado: That's one of the ideas of the Cultural Board. In fact, the Cultural Board is
trying to become a 501 to - in order to get funds from the State and the County, which they can do. You
know, Hialeah has a similar board, and they receive a lot of monies from the .State and the County in order
to promote cultural activities.
'127 6/8/00
39.DEFER APPOINTMENTS TO HEALTH FACILITIES AUTHORITY.
Vice Chairman Gort: Thirty-two, Health Facility Authority Board. I have one nomination that I'll send
in, in a memo later on. Commissioner Winton, you also have a nomination.
Commissioner Winton: I have no one:
128 6/8/00
40. APPOINTMENTS TO HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD (Andrew Witkin and Jorge Zamanillo)..
Vice Chairman Gort: Historic and Environmental Preservation Board. Commissioner Teele has
two appointments.
Walter Foeman (City Clerk): One of those is a waiver. Commissioner Teele appointed Andrew
Witkin, and we need a waiver, because he doesn't live in the City.
Commissioner Teele: I would so move.
Commissioner Regalado: Second.
Vice Chairman Gort: I'll have the — one appointment already. And the next one will be Jorge
Zamanillo. He's one of the applicants.
Mr. Foeman: I'm sorry. One of the applicants?
Vice Chairman Gort: Yes.
Mr. Foeman: OK.
Vice Chairman Gort: Jorge Zamanillo. '
Commissioner Teele: Can we carry the motion to approve the waiver?
Vice Chairman Gort: Yes. OK. There's a motion and a second to accept the nominations. All in
favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Who did you appoint?
Commissioner Winton: Jorge.
Vice Chairman Gore: Jorge Zamanillo.
Commissioner Teele: Could we readvertise and try to get — let's da some direct mail to the
realtors asking for real estate brokers, as well. We'll provide you with an address.
Mr. Foeman: OK.
Commissioner Teele: No applications have been received from a real estate. broker. There's a
category there.
Mr. Foeman: Exactly.
128 6/8/00
•
The following resolution was introduced by Commissioner Teele, who moved its adoptio:
RESOLUTION NO. 00-506
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
129 6/8/00
41. DIRECT . CITY ATTORNEY TO PREPARE LEGISLATION TO ABOLISH THE
JURISDICTIONAL BOUNDARIES COMMITTEE.
Commissioner Teele: Mr. Chairman, I'll ask the City Attorney to prepare legislation to withdraw the — to
terminate the Jurisdictional Boundaries Committee. I really think that this City is missing an opportunity
to be a major city, a large city. We need to increase our boundaries. I think everything that's happening
around us in the County -- we're just asleep at the switch here. But if we're not prepared to lower taxes,
we're not going to be able to increase our boundaries, anyway. I mean, there is a direct correlation, I
mean a direct correlation to the taxes in Unincorporated Dade County and the taxes in the City;' an inverse
correlation. And I'm hearing that we're going to have high taxes again this year. I mean, if we're not
prepared to try to get down to eight point nine mills, you know, there's no need to talk about it. And I
really think we ought to be talking about getting our taxes down.. But, you know, the County is beginning
to loosen up now, let people incorporate. We've got areas in Coral Gables in Commissioner Winton's
district that are holes in the donut. I mean; we've got a whole lot of things that we need to begin to do.
We have the same problem in the northeast, in some areas you and I represent near each other,
Commissioner Winton. And, of course, the whole Flagami area is wide open. But nobody is going to
vote to be a part of the City of Miami for the privilege of having essentially -- notwithstanding all of the
discussion with the Police and Fire — essentially the same services for three additional mills. And that's
what the number is right now. And until we can reduce our millage rate, we're not going to have it. So
Mr. Attorney, I request — Madam Attorney, I request that this committee — I think, you know, I felt that
coming from the election that we just had, the changes in government that were approved that we may
have an opportunity. But I think we've' got a lot of homework to do. So I'm going to ask that we repeal
this Jurisdictional Boundaries Committee at the next meeting, please.
Vice Chairman Gort: There's a motion.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: Second. All in favor state it by.saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-507
A MOTION DIRECTING THE CITY ATTORNEY TO PREPARE THE
NECESSARY LEGISLATION IN ORDER TO ABOLISH THE
JURISDICTIONAL BOUNDARIES COMMITTEE; FURTHER
DIRECTING THE CITY ATTORNEY TO BRING SAID ISSUE BACK
FOR CITY COMMISSION CONSIDERATION, REVIEW AND
POSSIBLE APPROVAL AT THE NEXT CITY COMMISSION
MEETING.
130 6/8/00
0
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
131 6/8/00
42. NO ACTION TAKEN: APPOINTMENTS TO MIAMI SPORTS AND EXHIBITION
AUTHORITY (MSEA).
Vice Chairman Gort: Miami Sports and Exhibition.
Commissioner Teele: Move the appointment of Commissioner Winton as the Vice Chairman — as the
Board — oh, that's another. OK.
Walter Foeman (City Clerk): He's already, serving.
Commissioner Teele: All right.
Vice Chairman Gort: So you don't need a motion on that? OK. That was fast.
132 6/8/00
•
43. APPOINTMENTS TO PARKS ADVISORY BOARD (Ileana Roiz-Felipe and Gregory Bush).
Vice Chairman Gort: Parks Advisory. Commissioner Sanchez is not here. Commissioner Teele, you
have one appointment. I have one appointment. It would be Ileana Roiz-Felipe. This is from the Parks
Advisory Board. Then we have the at -large selections to be made.
Commissioner Winton: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Winton: I'd like to nominate Dr. Gregory Bush as the at -large selection.
Commissioner Teele: ' Second the motion.
Vice Chairman Gort: Commissioner Teele, you have any nominations?
Commissioner Winton: And we need a waiver on the residential requirement on the at -large..
Vice Chairman Gort: Commissioner Teele, I don't know if you're familiar with Paul George. Paul
George is an historian that-- This is when the City of Miami has -- conducts tours of historical sites
throughout the whole City. I don't know if maybe you want to nominate him.
Commissioner Teele: I'd like to meet with him.
Vice Chairman Gort: OK. OK. There's a motion and a second to accept the nominations being made.
All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
Commissioner Regalado: I would like to suggest either to Commissioner Winton or Commissioner Teele
if they can meet for. their appointment with Mr. Miguel Germain. Mr. Germain is a member of the
Virginia Key Advisory Board. I appointed him. He's a college professor. He has tremendous knowledge
about the history, and especially the black history in this area. And he's a Cuban -Afro-American.
Commissioner Teele: I'd very much like to meet. with him. Is he one of the names here?
Commissioner Regalado: No.
Commissioner Teele: OK.
Commissioner Winton: And we need — we didn't do the — we did? OK, never mind.
133 6/8/00
The following resolution was introduced by Commissioner Winton; who moved its adoption:
RESOLUTION NO. 00-508
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS
ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution; omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado;
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice. Chairman Wifredo Gort
NAYS: None
ABSENT:, Commissioner Joe Sanchez
134 6/8/00
44. APPOINT MEMBERS OF THE PLANNING ADVISORY BOARD (Luis Revuelta and Jesus
Casanova).
Vice Chairman Gort: Thirty-seven, Planning Advisory Board. Commissioner Teele, you have one
nomination.
Commissioner Teele: You have one, too.
Walter Foeman (City Clerk): This is an application board. We received two applications, Gioia DeCarlo
and Julio Estorino.
Commissioner Teele: Would you forward me the applications so that I can interview them? I'll make an
appointment.
Mr. Foeman: OK. And we received one late application, also, from Luis Revuelta.
Commissioner Teele: Is it — do you need authority to readvertise?
Mr. Foeman: Yes.
Commissioner Teele: All right. I would move that the Clerk also be authorized — I mean, you only have
two names and three vacancies.
Mr. Foeman: Yeah. We had one late application, also.
Vice Chairman Gort: I'd like to reappointment my appointee, Casanova.
Mr. Foeman: He didn't submit an application, so we need an application.
Vice Chairman Gort: That's not what I read here.
Mr. Foeman: Oh, I'm sorry. We do have the application.
Commissioner Teele: I would move that the Clerk be authorized to readvertise, as well.
Mr. Foeman: We have — I'm sorry. Go ahead.
Vice Chairman Gort: OK.
Commissioner Teele: I second the motion of Commissioner Gort's appointment.
Vice Chairman Gort: OK. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: All in favor state it by saying "aye."
135 6/8/00
!. 0
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO. 00-509
A MOTION APPOINTING JESUS CASANOVA AS A MEMBER OF
THE PLANNING ADVISORY BOARD.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
Commissioner Teele: I move that the clerk be authorized to readvertise again.
Commissioner Winton: Now, what did we just do with Luis Revuelta?
Commissioner Teele: We appointed him.
Commissioner Winton: We appointed him?
Mr. Foeman: Right.
Commissioner Winton: Did we appoint him?
Mr. Foeman: We have to make a motion on his appointment. We received the application today.
Commissioner Winton: OK. So move.
Commissioner Teele: Second the motion.
Vice Chairman Gort: All in favor, state it by saying "aye."
The Commission (Collectively): Aye.
136 . 6/8/00
9 i
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-510
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE
PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
137 6/8/00
5. DEFER APPOINTMENTS TO ZONING BOARD.
Vice Chairman Gort: Zoning Board.. Commissioner Winton has two nominations.
Commissioner Winton: I do not have any.
Vice Chairman Gort: OK.
138 6/8/00
6. DEFER APPOINTMENTS TO CODE ENFORCEMENT BOARD.
Vice Chairman Gort: Thirty-nine, Code Enforcement Board. Commissioner Regalado has one
nomination.
Commissioner Regalado: I'll make the appointment next meeting, Mr. Chairman.
Vice Chairman Gort: Forty is —
Commissioner Teele: Now, the Code Enforcement people have to live in the City, right?
Walter Foeman (City Clerk): Yes. +:
f
Commissioner Teele: That's one of the few boards that I think we ought to try to have City people, really
have City people on.
Commissioner Regalado: Well, all of my appointees is City.
Mr. Foeman: The State statute requires that they live in the City.
Commissioner Teele: Oh, the State statute requires it?
Mr. Foeman: Yes.
139 6/8/00
47. APPOINT MICHAEL SPETKO AS A MEMBER OF THE COCONUT GROVE PARKING
ADVISORY COMMITTEE.
Vice Chairman Gort: Commissioner Winton has a couple of appointments that he wants to make.
Commissioner Winton: On the Coconut Grove Parking Advisory Committee, my last appointment which
I made only a month ago is leaving the City. So in his place, I would like — his name is Mark Sardena,
and in his place, I would like to appoint Michael Spetko.
Commissioner Teele: Second the motion.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-511
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE COCONUT GROVE
PARKING ADVISORY COMMITTEE FOR A TERM AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
140 6/8/00
48. APPOINT DENISE WAITERS AS MEMBER OF THE BUDGET AND
FINANCES REVIEW COMMITTEE.
Commissioner Winton: For the Budget and Finance Review Committee, we have a great
young lady who works with Arthur Andersen and is from — actually born and raised in
West Grove. Her name is Denise Waiters. And I would like to move her.
Vice Chairman Gort: There's a motion. Is there a second? Second? Hello?
Commissioner Winton: Hello? Need a second down there, anybody?
Commissioner Regalado: Second.
Vice Chairman Gort: Thank you. Any further discussion? Being none, all in favor, state
it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved its
adoption:
RESOLUTION NO. 00-512
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE BUDGET AND
FINANCES REVIEW COMMITTEE FOR A TERM AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
141 6/8/00
0
•
49. APPOINT JOY INTRAGO AS MEMBER OF THE AUDIT ADVISORY COMMITTEE.
Commissioner Winton: And the last appointment would be to the Audit Advisory Committee, and I
would like to appoint Joy Intrago.
Vice Chairman Gort: Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Second. All in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-513
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE MIAMI AUDIT
ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
142 6/8/00
50. DEFER CONSIDERATION OF PROPOSED REVOCABLE LICENSE. AGREEMENT
BETWEEN CITY AND CALOR DEVELOPMENT, LTD., FOR CONSTRUCTION AND OPERATION
OF A SURFACE PARKING AREA LOCATED AT N.W. 8 STREET, EAST OF BISCAYNE
BOULEVARD, TO THE NEXT CITY COMMISSION MEETING; DIRECT ADMINISTRATION TO
BRING BACK A REQUEST FOR PROPOSALS (RFP) FOR OPERATOR OF PARKING FACILITY.
Vice Chairman Gort: Item 41. Item 40 has been withdrawn. Item 41, discussion regarding license
agreement between the City of Miami and Calor Development.
Lori Billberry (Director, Asset Management): This is a discussion — I'm Lori Billberry, Director of Asset
Management. This discussion item was brought back to the Commission at the request of the
Commission. This was a license agreement issued to Calor Development for interim parking facility on
the west end of the deep water slip on the FEC (Florida East Coast) property. This was an interim use of
the property until such time as the Commission determined an overall development plan for Bicentennial
Park or the widening of Biscayne Boulevard, whichever occurs first, because the widening will take
approximately half of this parking lot away. Highlights of the agreement are in your package. Presently,
Calor is paying twenty-five hundred dollars ($2500) a month. They are — that is the initial monthly fee.
Additionally, they are constructing the parking facility and riprap and shoreline improvements. The initial
estimated cost of the work was approximately five hundred and forty-five thousand dollars ($545,000),
but the revised estimate is about five hundred and twenty-eight, which two hundred thousand
approximately is for the parking facility alone. Additionally, they have spent about a hundred and
seventy-eight thousand on shoreline riprap improvements at this time. The — I mean a parking consultant
for the City has reviewed these numbers as far as the operation, and we've been looking at what the return
to the City and what the return to the Heat is. And he has determined — I mean, you could aggressively
stack this. And it depends on how they operate on whether or not this continues to be reasonable. And
based on what they have advised us, though, they will be operating this as a valet facility where you will
give your car to a valet, and then they will in turn park the car.
Carlos Gimenez (City Manager): There are three estimates on the net revenue on this, on the three
alternatives. The bottom number is on there, thirty-two thousand dollar ($32,000) net operating revenue.
There's a middle one, over a hundred and seventy-three thousand. And the more aggressive one is two
hundred twenty-two thousand dollars ($222,000) a year. And again, it depends on the method of
operation.
Ms. Billberry: I did talk with the parking consultant, and he mentioned on the last one, just so you know —
and maybe the Heat can address this — is whether or not they would operate it in this manner. It is more a
self -park operation where the people in turn would stack the cars themselves at the direction of a guide, so
to speak, in the parking lot. What that sometimes leads to, though, is people take their car keys with them.
They're not turned over to a valet agent. And then when people go to leave, you have to wait until
everyone leaves in order to get your car out. That is not my understanding of how they intended to
operate this facility, though.
Commissioner Winton: Questions.
Vice Chairman Gort: Go ahead.
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Commissioner Winton: What was the commitment that the Heat made, and I guess probably City
Government and County Government made to the community at large as it relates to the use for this land
when the original proposal was put out to the public?
Ms. Billberry: I'm not sure what you mean by the original proposal.
Commissioner Winton: The — there was huge opposition to putting — to building the Arena, at least
initially. And the public finally bought into the plan. And there were nice, pretty pictures drawn in terms
of what land use would be surrounding the footprint of the Arena. And so I want to understand what in
those nice renderings, what the proposed land use reflected for this particular site when the public voted to
support the Arena.
Ms. Billberry: I am not sure what was on the drawings, because nothing has been formally approved by
the Commission at this point.
Commissioner Winton: I'm sorry?
Ms. Billberry: I'm not sure what was on the drawings, because nothing has been adopted by this
Commission as far as what's going to be placed on the whole Bicentennial and balance of FEC property.
Mr. Gimenez: I think I understand your question. I mean I believe most of it was probably green space.
At least this portion.
Commissioner Winton: So how do we justify, then, turning this into a permanent parking lot?
Ms. Billberry: This is only an interim parking lot. This is not for long -teen use. When they do the
widening of Biscayne, it will effectively kill it. I mean, it will take approximately half the space.
Commissioner Winton: So they're willing to spend half a million dollars?
Vice Chairman Gort: Originally, I thought it was a lot more than that. It came out to a figure of about a
million dollars ($1,000,000).
Ms. Billberry: Well, there were other improvements, the floating docks that they were going to be doing.
Vice Chairman Gort: Right. Uh-huh.
Ms. Billberry: But a lot of that is also personal property that they would be able to take with them in the
future.
Vice Chairman Gort: OK.
Ms. Billberry: These are the permanent improvements.
Commissioner Winton: When is — I'm sorry.
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Vice Chairman Gort: That commitment was made about six or eight months ago, and I don't see anything
that has been done.
Ms. Billberry: They have only done the west side of the slip at this point, which is about a hundred and
seventy-eight thousand.
Commissioner Teele: The west side?
Ms. Billberry: Sorry. The south side. The west side is what's pending.
Conunissioner Winton: So are they going to fulfill the commitment to do the improvements that they
claim they're going to do here if this is approved?
Ms. Billberry: It's my understanding. I mean they can speak — we would hold them, you know, to that.
Commissioner Teele: Commissioner Winton, at some point I — since I may have created some of this
mess, I would like to weigh in.
Commissioner Winton: All yours.
Commissioner Teele: If I may. In October — and I apologize. I thought I had — I saw the transcript, but I
don't seem to have my right notes out here. Ann, if you can find them. In October of last year, we were
all committed to one thing — to try to get the certificate of occupancy with the appropriate collateral issues
related to safety, of minority, of affirmative action, a whole array of issues that we in municipal
government have to be concerned with. One of the things that came up — and again, Lori, I think you've
done an outstanding job. I am totally pleased with the manner in which you all have — you have moved. I
want to talk to the Manager*a little bit about the instructions that were given for this meeting today, which
have not been carried out. And while I'm on that, I mean, this parking administrator, whoever he or she
is, you know, they need to start putting things in writing and they need to keep appointments. OK? And
that's a whole other issue, the contract that we awarded, which really should not have been awarded to the
vendor that we awarded it to, but that's another issue. And, you know, now we're hearing these
methodical — these mystical pronouncements that they're making. If they feel a certain way, they ought to
be willing to put it in writing. And, I mean, that's not fair to have you to come here and say what they're
saying. If they are being paid to be the administrator and to advise us, then they need to put their opinions
in writing. And we're paying them. We, the City, are paying them.
Commissioner Winton: Who are you talking about? I'm confused,
Commissioner Teele: I don't even know the name of the company. It's — we have a company that is to
advise us on the parking surcharge issues, and they've just given them the title, unfortunately, of parking
administrator. And so they're giving us their opinions. But again, I think this has been enough in writing
in the New Times and the Miami Herald that everybody ought to come to the table with their hands up,
and they ought to come to the table with written documentation, because this is obviously something being
very much manipulated. And I'm going to read into the record what the Mayor had to say about this
before the Oversight Board, so that we're very clear, because my name has been put into it. I'm the one
who sponsored the legislation, which was not a pocket item. It was placed on the Agenda. Unfortunately,
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it was not on the printed Agenda, which is why I'm so hot about this Legistar system, because that's going
to avoid all of the "he said/she said." And the fact of the matter is, is that the effort was an attempt to
resolve a very important issue, and that is, who is going to be responsible for the land between where the
County line stops and the water, the slip, and on the other side of the slip to where the park starts? The
City had no plan, no program, we had spent no money, we have authorized the expenditure of no money
to date, and yet, we want to complain about everything. And .I mean, we can't have it both ways. We
either are going to participants in a process, or we need to let the marketplace move the process forward.
The Heat expressed concern specifically about the fact that they're going to have this opening, there's no
dock master there, there's nobody responsible for the slips and falls or coordinating anything. Obviously,
they don't want to have, you know, -- you know, Tokyo Rose or maybe even Liberty City Joe and, you
know, 800 of the local — you know, people who are just coming there. I mean, you know, you've got to
have some control over what's going on there. For that matter, you don't want to have, you know, the
Coconut Grove Floral Society coming out in the middle of a basketball game and saying look how -- So
you've got to have somebody in control. It seemed to me then, it seems to me now that if the Heat is
going to — or this. partnership is prepared to make improvements to the — what do you call? -- the wall, the
shoreline and the wall, et cetera. They represented on the record to this Commission that they estimated
the total cost of those improvements to be in the vicinity of a million dollars. And at the same time — and
whether it's five hundred thousand dollars or a million, it's more money than we were prepared to spend
at that particular moment and the time frame, given the fact that it takes us at least a year to do a sidewalk
bid, from the notice of the bid to the award of the contract, as you can go back and see today. So they
agreed to step up and do it. All of a sudden, this has turned into a sweetheart deal. They have a 30 -day
permit. In other words, they acknowledge that once they spend the money, this Commission, by a
majority vote, can withdraw their permit. Is that correct, Mr. Attorney? And the million dollars
($1,000,000) they spent is gone. Because they're spending this not for the Heat, but for the public benefit
and the public amenities. They have a two — a hundred and fifty million dollar ($150,000,000) facility
there, and they're concerned about how it looks. I need to know one thing. Do you consider this to be a
sweetheart deal, Madam Director? I mean, I really want to know. And if it is, I'll accept responsibility.
But do you consider this to be a sweetheart deal?
Ms. Billberry: No, I do not, if they operate it in accordance to what they have represented.
Commissioner Winton: Commissioner Teele?
Commissioner Teele: Yes, sir.
Commissioner Winton: You didn't ask me my opinion, but I'm going to offer it up. Frankly, I saw this
just the opposite. If you've got somebody willing to put half a million dollars or more in 'a deal to do
anything —
Vice Chairman Gort: In 30 days.
Commissioner Winton: -- and they get a — they have a 30 -day, and the other side has a 30 -day
cancellation provision, that's, generally speaking, a bad deal for the other side. So not only is this not a
sweetheart deal for the City, this, in my mind, is a bad deal for the Heat. But — and that isn't even where I
was going. I was on a whole different subject. I didn't know anything about this sweetheart thing. This
isn't a sweetheart deal for the Heat.
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Commissioner Teele: Well, there's two parts of this, though. And I think the other part we ought to focus
on. That's the area between the Heat and the slip. Then there is the area on the — you call it the west side.
I think it's the north side of the slip. Well, it's the north side of the slip. Between Biscayne Boulevard and
the slip is very little land. But there is land between the north side of the slip, between the water's edge
and the pumping station or somewhere where the park starts. And part of the problem — if the Planning
Director is here, you kriow, it would be really helpful if we could use our maps, our GSI system and have
these snaps here so everybody can look and know exactly what we're talking about. That appears to be
the area that the Mayor has had so much continents about. The Mayor went before the Oversight Board,
and I want to read into the record what he said. He said, Mayor Carollo: Last October, the end of
October, we had two revocable permits that were approved that were actually contracts with entities that
run the Heat. I don't know if they ever came before this board — this is the Oversight Board — for approval
or not, because they're called revocable permits. Does anyone know if they came? Well, somehow, we
got a legal opinion to figure out how to get around a contract. But, you know, it's like the old saying, if it
walks like a duck, if it quacks like a duck, it's a duck. And we call that a revocable permit. Now, they
estimated that there were 119 spaces that would be used. I personally went out one evening in the middle
of a gari-ie and counted 123 vehicles. That's seven spaces more that were not used, et cetera. And it goes
on to say that 160 days times 125 spaces at twenty dollars ($20) per vehicle, which is what they're
charging, is two thousand five hundred a day. That comes to a minimum of four hundred thousand dollars
($400,000) a year. If you get an attendant that's paid six dollars ($6) an hour, if you figure out the number
of hours a day times this, times that, and let's be generous. With everything else, six thousand is the cost
of them for the attendants, if there's only one. So they have a total cost a year of thirty-six thousand, and
they're making four hundred thousand, and a net gain of three hundred and sixty-four. And that is why
the City has gotten itself in the jam that it has in the past, because we cannot run this City in a businesslike
manner. At least on this one, it's revocable. The Manager can act upon it, and it never should have been
done. Now, I commend the Mayor for doing his research. I asked specifically the Manager to ask the
Internal Auditor to go out and let's actually have some reports here. Now, the problem with all of this is
we're tall talking, but nobody will put anything in write — we have an Internal —
Mr. Gimenez: No, sir. I was going to try to put on the record that unfortunately, I didn't get this until
maybe half an hour ago. But there is a report from the parking consultants that we have, you know,
dealing with this issue.
Commissioner Teele: Could you just enlighten me as to what the bottom line is?
Mr. Gimenez: Well, the bottom line is what I had stated on the record, that there are three different ways
to operate that lot. And depending on the way that you operate it, you can get anywhere from a hundred
and thirty-two thousand to two hundred and twenty-two thousand net income per year from that piece of
property.
Commissioner Teele: Well, I want to ask you — so the Mayor is wrong. I mean, obviously, he calculated
it four hundred thousand. But —
Commissioner Winton: But Commissioner —
Commissioner Teele: Yeah.
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Mr. Gimenez: That's —
•
Commissioner Winton: The problem with this analysis is that absolutely, this is a bad deal for the City if
the City is making a policy decision that this is going to be a parking lot. So this is a bad deal for the City
in that regard. However, we've made no such —
Commissioner Teele: Commissioner Winton, I think that's a very important point, because when the slip
was being discussed in the area, there was never a discussion, nor was there in my mind an intended use of
this area as a parking lot. And I yield to you back. But I agree with what you're saying on that.
Commissioner Winton: If the policy decision is this is going to be a parking lot, then, you bet, we ought
to look at this very, very differently. However, if we know that at a time certain that's relatively short-
term that this parking lot will no longer be a parking lot — and frankly, we probably ought to know that,
because the fact of the matter is, as soon as we let this go forward as a parking lot today, it's going to stay
a parking lot until Biscayne Boulevard is widened. So what we really ought to know is when Biscayne
Boulevard is going to be widened. And then we can do the kind of financial analysis to determine
whether or not we ought to accept the deal that the .Heat's providing us, or go out to the market and do
another deal.
Ms. Billberry: Right.
Commissioner Winton: Or not do any parking at all, one or the other.
Commissioner Teele: And Mr. Chairman, I totally agree with what Commissioner Winton is saying. And
what I would like to do is ask that the matter be deferred to the next meeting, let the staff come back with
us with a recommendation after meeting with everyone, including the Mayor, including an RFP (Request
for Proposals) for a operator of the proposal bid, if that's what you're recommending. Whatever you're
recommending, come with a completed package so that we can do it. My own preference, I will tell you,
is to revoke the portion of the lease relating to this, quote, parking lot, which was never intended that is on
the north side, and that it be — if you all agree, that it be designated — because it's going to take two and a
half to three years under the DOT (Department of Transportation) schedule. I can tell you what that's
going to be. But you all need to verify that independently. And I agree that there is money to be made
here. And I think the money should not be made by, quote, the Heat or that partnership. That was never
the intent. The money should be made by the City for the benefit of the Parks Department. And I would
ask the item be deferred with the Manager being specifically instructed, and re -advertised, and that the —
because this is an interest in land. And any time there is an interest in land and an action, we've asked that
it be advertised to the public, that the Manager be instructed to come back with a specific proposal,
including all actions that would be necessary to be accomplished to take with the Manager's proposal or
any other reasonable proposal. I would so move.
Vice Chairman Gort: OK. There's a motion. Is there a second?
Commissioner Winton: Second.
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Vice Chairman Gort: Discussion. Under discussion. Mr. Manager, let me tell you, this is something that
we need to understand here. We make policy decisions in here, and we put certain conditions. But it's not
our job to go out and make sure that the people are complying with those conditions that we attached for
it. Somehow, we have to find a way that whenever we make a decision here, and we attach conditions to
those that sometime within the near future we get the feedback if they have complied with those
conditions. Because my understanding was that the only reason we approved this was because the Heat
wanted this place for the opening of December 31" to look nice, to be attractive, and not to have any
problems. I don't know if they complied with all the commitments that they've made. My understanding
is there was a lot of commitments made in here that was made to us, and that was part of the resolution,
and that was part of this contract. I am not aware if those commitments were made — were done.
Ms. Billberry: They have not met all the deadlines. I know that some applications are pending, including
one with DERM (Department of Enviromnental Resource Management) for the rest of the (inaudible), as
well as the parking lot. And if I could —
Vice Chairman Gort: Well, somehow, this is where we look bad, because we put conditions, and we
attached timetables to those conditions. And people do not comply with them, and we do not know about
tit until somebody else comes and tells us. I think we have to build within this system somehow the
enforcement to make sure that it gets done. And if it doesn't get done, the contract is out. OK? So when
you come back, bring those things with you. On the motion, all in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-514
A MOTION TO DEFER CONSIDERATION OF PROPOSED
REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY AND
CALOR DEVELOPMENT, LTD., FOR CONSTRUCTION AND
OPERATION OF A SURFACE PARKING AREA LOCATED AT
APPROXIMATELY N.W. 8 STREET, EAST OF BISCAYNE
BOULEVARD, TO THE NEXT CITY COMMISSION MEETING;
FURTHER DIRECTING THE ADMINISTRATION TO COME BACK
TO THE COMMISSION WITH A RECOMMENDATION IN THE
FORM OF A SPECIFIC PROPOSAL, INCLUDING ALL NECESSARY
ACTIONS TO BE TAKEN IN CONNECTION THEREWITH, AFTER
MEETING WITH ALL PARTIES INVOLVED, INCLUDING THE
MAYOR; FURTHER DIRECTING THE ADMINISTRATION TO
BRING BACK A REQUEST FOR PROPOSALS (RFP) FOR
OPERATOR OF PARKING FACILITY AND APPROPRIATELY
ADVERTISE THIS MATTER.
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Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
Commissioner Teele: Mr. Chairman, if I may just state for the record, the story that refers to this as a
sweetheart deal is something I would hope — it's good to see our Media Director here, although all
morning, we discussed the issues and you weren't here. If you would give the Commission a copy of the
very unflattering story about this Commissioner relating to the so-called sweetheart deal and the pocket
item which appeared in the New Times. I stand behind the arrangement that was made at that point in
time. I think it's very easy to second-guess what we're doing. But the point 'remains this: Number one,
that facility is in the City of Miami, the Heat Arena. It is a national venue in which people from all over
this country are coming. It should look good. It should always look good. To the extent that the County
owns it and the Heat is using it, I'm 100 percent with the County and the Heat. Any temporary parking lot
should be a — and is the Planning Director around anywhere? Any temporary parking lot should look like
a parking lot in Venice, or in Coconut Grove or on Brickell. We don't need to continue to degrade our
neighborhoods calling things temporary. And we don't need hurricane fencing along Biscayne Boulevard.
We don't need these temporary parking lots that the City does. There is one temporary parking lot in front
of the old Arena; right across from the old Arena that everybody says is temporary. It was a temporary
parking lot when they put it in. It's right there on the FEC. It's the FEC. It's a horrible, horrible blight to
the whole neighborhood and the community. And this is what we grandfather in. And so all that I'm
saying, respectfully, please, as the Manager looks at this issue, give us the price of something that is going
to be responsible and respectful of the neighborhood that we're trying to redevelop. And this is not in the
redevelopment area; it's on the other side. But it's just as important that our downtown begin to look
good. And Commissioner Winton, this is your district, but I certainly would join you if you will say to the
Manager, we want it to look good. We don't want, just because the City owns it, that it looks like a
temporary, you know, elephant, standing room only area.
Vice Chairman Gort: But if you will recall, Commissioner Teele, I think about six, seven meetings ago,
we discussed this item and we — I think we passed a resolution stating that "temporary" means no more
than one year.
Ana Gelabert (Director, Planning and Zoning): If I may, what we have —
Commissioner Winton: Well, this one has month to month, so it's even better.
Ms. Gelabert: Yeah. What we have in downtown, we have temporary interim parking, and that's part of
what the ordinance does allow. And it is — it's — within a year, they would have to come back again and
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apply for that. When they go through the permit process, as in the planning side of it, we do require the
landscaping of it. So we do require landscape. The difference, though, sometimes, depending on the
zoning, it might require a special exception or a class two. But interim or not interim, it does require
landscaping. The one you're referring to in front of the Arena, the word would not be "grandfathered."
It's not grandfathered. What it is, is sometimes, there is another mechanism, which is a special event
permit, and that sometimes is what they may pull. That is for one night, and they can do it on that
instance, if they use it at night. Then through the special event permit, then they have to — it's not a
landscape. Which I'm not saying I agree — don't disagree with your concern. I'm just clarifying what is
interim and what is it that we do ask for.
Vice Chairman Gort: Well, what we're saying if there's special events that's used for more than one year,
they become permanent. I think that's what the -
Ms. Gelabert: Right. On interim, yeah, that they can do it. After a year, they have to come back for the
permit.
Vice Chainnan Gort: That's correct. And they have to be landscaped and do with it. I think we passed
that resolution.
Ms. Gelabert: I hear you. I understand what you're saying.
Vice Chairman Gort: OK.
Ms. Gelabert: I understand.
Commissioner Teele: Mr. Chairman, but to the Manager. Mr. Manager, I've looked at this, as the Mayor
has. I don't agree with the Mayor's numbers, but I think the Mayor's point is a valid point, and that is
this: If money is going to be made there, the money should accrue to the benefit of the City of Miami,
first and foremost, to the extent that we can do that. And if this is going to be a parking lot, I have no
objections to the City going out with a competitive bid and allowing this to be used as a parking lot in that
area. But it's got to be a first class parking lot. It cannot be — you know, what we have right there on the
corner, right across from the AT&T (American Telephone and Telegraph) Cable area there on Seventh
Avenue, directly across is — the County has a women's detention facility. Look at that parking lot. Those
things are slum and blight. And Government shouldn't be able to get away with that. If we're going to do
a parking lot on Biscayne Boulevard, it should be one of the most beautiful parking lots that we're going
to do, or we shouldn't do it. And it's not a question is it temporary or interim. Can we make money on it,
or can we at least break even and beautify the area at the same time? That's my question.
Mr. Gimenez: Yes, sir. And that's one of —
Vice Chairman Gort: Thank you.
Commissioner Winton: One more point while we're on the Arena. If you all remember — when was that?
A month or so ago, we were talking about traffic around, following basketball games, because even
though it's a County facility, the City — it's in the City of Miami, and we're the ones that look bad when
the traffic is a mess. And frankly, we don't have — excuse me — a good traffic plan for getting people out
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of there. And I think — and we — I think we voted — somewhere or another, we directed the previous
Manager to look at the entire traffic plan surrounding the Arena to figure out how we could get traffic in
and out of there better. So I'd like to bring that issue up again so that that at least gets on somebody's
agenda as a task that needs to get done, because we're the ones .that look bad when people get all jammed
in there and can't go anywhere.
Mr. Gimenez: Yes, sir. As a final comment, any analysis that we do about, you know, any revenue to that
area will be offset, obviously, by the dollar amount that the Heat is going to put to the improvements, and
then what is the return on the investment that they're putting into the improvements.
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51. (A) FINANCIAL/BUDGET REPORT
(B) DIRECT MANAGER AND CITY ATTORNEY TO, WORK WITH OUTGOING
ASSISTANT CITY MANAGER BERTHA HENRY AND INCOMING ASSISTANT CITY MANAGER
BOB NACHLINGER REGARDING PARKING REVENUE SURCHARGE AND MEET WITH
COUNTY MANAGER MERRETT STEIRHEIM REGARDING A JOINT RESOLUTION OF
AGREEMENT AND TO PROVIDE WRITTEN LEGAL OPINION RELATED TO APPROPRIATE
USE OF REVENUES AND LIST OF ENTITIES WHO ARE NOT COMPLYING. COMMENTS
REGARDING JACKSON MEMORIAL DISPUTE.
Vice Chairman Gort: OK, Item 42.
Scott Simpson (Acting Director, Finance): Mr. Chairman and Members of the Commission, it gives me
pleasure to present for your consideration my recommendation for the fiscal 2001 budget.
Vice Chairman Gort: No, no. That's a different one. This is just for the monthly, the latest monthly
report. I know you want to put — he was anxious to get the budget out of the way.
Mr. Simpson: I was just rehearsing. This is Scott Simpson, Finance Department. You should have
received the March books earlier in the week. Overall, the City is doing very well. The major resource —
major revenue of taxes are coming in a little lax than they were last year, roughly two point one percent
less than last year.
Commissioner Winton: What is this?
Mr. Simpson: Property taxes. But overall, in the scheme of things, with the other revenues, such as
franchise fees, licensing permits, they're making up for the difference. So at the end of the year -- with
expenditures coming under control -- we still should come above the projected surplus of six point four
million dollars ($6.4 million).
Commissioner Winton: Is our — is our real estate tax revenue down because we lowered the millage the
rate? Is that what that is? I mean, I'm not sure why our — why our real estate revenue is down.
Mr. Simpson: Collections are down, based on what we've anticipated on getting.
Commissioner Winton: Well, at some point, we need to talk about that. It's not logical to me. So maybe
it has something to do with your original assumption. Maybe the assumption was bad. So — and I don't
want to take up everybody's time.
Commissioner Teele: But the assumptions are really State budget assumptions. I mean, this is a State
budgeting conference process that comes down, and the County actually gives us the numbers, because
they're .the ones that collect. We don't collect dollars, the County collects them. And these numbers are
all tied back to the County and up to the State.
Commissioner Winton: OK. So then in terms of actual collections, how do we compare actual collections
this year to actual collections last year?
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Mr. Simpson: We're short two point one percent.
Commissioner Winton: In terns of actual collections?
Mr. Simpson: Yes.
Commissioner Winton: So we're down in real collections from a year ago?
Mr. Simpson: Correct.
Commissioner Winton: It makes no sense to me. We've got all this new development that has come on
line.
Vice Chairman Gort: But they're not on the tax roll yet.
Commissioner Winton: No, no, there's plenty of stuff that's been built in the last two years.
Commissioner Teele: How far are we off of our anticipated number? Are you saying we're two point one
million dollars ($2.1 million) below collection, or we're two point one million off of our
Commissioner Winton: That's two percent. Two percent, you said.
Commissioner Teele: -- estimated budget?
Mr. Simpson: Off the — two point one percent off the estimated budget.
Commissioner Winton:. Two percent.
Commissioner Teele: Off the estimated budget?
Mr. Simpson: Correct.
Commissioner Teele: Not off of last year, necessarily?
Mr. Simpson: Correct.
Commissioner Winton: Well, that's what I asked. I said what's the difference between collections this
year and collections last year?
Mr. Simpson: Oh, I'm sorry.
Commissioner Teele: Yeah, that's not the answer to your question.
Bertha Henry (Assistant City Manager, Finance & Administration): We would be above the collections
for last year, because our assessed valuation went up. I don't have the specific number, but we're above.
The other thing — this is Bertha Henry, Assistant City Manager. The other thing I'd like to point out is
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much of this is timing related. And I think we took one last look — and I'm not sure if you've had a
chance to do that — but the last opportunity I had to take a look at this was a couple of days ago. We're
catching up. So some of it may be related to timing, but overall.
Commissioner Winton: Well, maybe you and I can sit down, you know, maybe next week and go through
some of this stuff, Bertha.
Vice Chairman Gort: Are we looking at the March report?
Ms. Henry: I beg your pardon?
Mr. Simpson: Yes.
Ms. Henry: Yes.
Vice Chain -nail Gort: We're looking at the March report, right?
Ms. Henry: Mm -hymn, mm-hmm.
Mr. Simpson: Other than that, the parking surcharge revenue continues to come on in line above the
eleven million dollars ($11,000,000), which does not include any of the million to two million — a million
and a half to two million projected by the County that's supposed to be escrowing. The only other issues
that are going on, the incremental increase for the Solid Waste bill did go out in April. To date, of the
million -two that was collected, we've collected — actual collections were roughly about eight hundred and
fifty thousand of the million -two. The only other thing that's going on in Finance that affects the entire
City is the implementation of tier two. The employees should have seen that increase in tomorrow's
check.
Vice Chairman Gort: Question.
Mr. Simpson: Yes.
Vice Chairman Gort: Go ahead.
Commissioner Winton: I'm sorry. Well, you gave us a nice recap on what's happening with revenue.
Mr. Simpson: Right.
Commissioner Winton: What happened to the other side of this deal?
Mr. Simpson: Well, I alluded to expenditures are coming under control. So far to date, we have expended
46 percent of the expected budget, where we should be roughly at 58 or 50 percent this year.
Commissioner Winton: So we should be at 50 and we're only at 46?
Mr. Simpson: Forty-six, correct.
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Vice Chairman Gort: My question was my understanding, when we were putting a budget together in our
five-year plan; the amount that was accepted by the Oversight Board for the parking surcharge was eight
million dollars ($8,000,000)?
Mr. Simpson: Seven point two was the —
Vice Chairman Gort: Seven point two.
Ms. Henry: Once again, Bertha Henry, Assistant City Manager. When we prepared -the initial budget, it
was seven point two, but as you recall, we did an update to the forecast for the five-year plan, and moved
it to ten million, which the Oversight Board accepted.
Vice Chairman Gort: OK. And now, my understanding is that you say it's at eleven million?
Ms. Henry: Eleven.
Vice Chairman Gort: OK.
Ms. Henry: And that's without the County's.
Vice Chairman Gort: Right. Thank you. Any other questions?
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: On the budget issue, are we dealing with 42 or 43?
Mr. Simpson: What was that again?
Commissioner Teele: What item number are we — is this —
Ms. Henry: Forty-two.
Mr. Simpson: Forty-two.
Vice Chairman Gort: No, we're dealing with 42 right now.
Commissioner Teele: OK, we're dealing with Item Number 42.
Vice Chairman Gort: We're not on 43 yet.
Commissioner Teele: Yeah. On the budget itself —
Vice Chairman Gort: Before we go to 43, can I
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Commissioner Teele: I'm on 42.
Vice Chairman Gort: On 42, OK.
Commissioner Teele: Oh, but go ahead, yeah.
Albio Castillo: I'd like to ask him this question. My name is Albio Castillo. I live in 2386 Southwest
Fifth Street. How do are you doing on the outstanding debts of Solid Waste and Code Enforcement?
Which has always been a pain in the butt for the City not collecting it.
Pete Chircut (Treasurer, Finance): Pete Chircut, Finance Department. Solid Waste fee now is on the tax
roll, so that is —
Mr. Castillo: Yeah, but sometimes they — the citizens don't pay it. And I like to know, how are you going
about to collect that and the Code Enforcement?
Vice Chainnan Gort: Those that are not paying, those that are not paying, there's a lien placed on their
homes.
Mr. Castillo: I know that.
Vice Chairman Gort: And if — that calls for people that put the liens.
Mr. Castillo: What about Code Enforcement?
Vice Chainnan Gort: The Code Enforcement is the same thing. There's a lien on the home, but if you go
Mr. Castillo: Yeah, but it takes them forever.
Vice Chairman Gort: I understand, but if you go to the court, the courts will not take your home away if —
your homestead exemption.
Mr. Castillo: I know that.
Vice Chairman Gort: OK. So that's your answer.
Mr. Castillo: I also would like to say, well, the — I'd like to thank Mr. Raul and Mr. Diaz on the problem
at Calle Ocho have finally got that resolved, and I'd like to thank them. They finally got that resolved
with the open container law violation and a few others. They're picking it up. It took me 30 years, but
finally, I got somebody to listen to me. Thank you.
Vice Chainnan Gort: Great. Thank you for coming. Persistence works. Thank you.
Mr. Castillo: Well, I always been doing it for 28 years, so.
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Vice Chairman Gort: That's good.
Mr. Castillo: Thank you.
Vice Chairman Gort: Thank you. Commissioner Teele.
Commissioner Teele: Mr. Chairman, thank you. Regarding the budget, do we have a clear opinion,
written opinion from the Attorney regarding the limitations of the State legislature on the use of the
parking surcharge? Do you have a written opinion on that? Is there a written opinion on that?
Alejandro Vilarello (City Attorney): I don't believe, Commissioner, we've issued a written opinion. We
certainly have given guidance with regard to the statute.
Commissioner Teele: No. I would very much request a written opinion, and that opinion to be
coordinated with anyone in the State that you deem appropriate, because it was my understanding that 80
percent of the funds had to be used for — tax relief, was that it?
Ms. Henry: This is Bertha Henry once again. The State law says 60 to 80 percent must be used for tax
and fee relief. The City Commission, through its ordinance, approved 80 percent to be designated for it.
Commissioner Teele: But see, the first year is not a problem. It's after the first year that I have a lot of —
that I think there could be a lot of room for misinterpretation, because I really do think that one thing
we've got to be very careful with as we build this budget is the use of surcharge dollars after the first year
is established. In other words, what is tax relief, at 60 percent or what percent, based upon a previous
budget? And my — you know I —'I had questions when the legislation was written. I think it is open to
several interpretations. But I can tell you one thing. There is not going to be a bigger issue that we could
get ourselves in the jackpot with than the surcharge if we're not very, very clear. And I'm asking the
Attorney to work with the Manager, to work with Ms. Henry before she leaves, and Mr. Nachlinger, and if
I — I don't know if it's appropriate, but I've read in the paper, I got a memo. I think it's an excellent
appointment. I commend you. Mr. Nachlinger knows the. Oversight Board, if nothing else, process. He
got out of town real fast when it carne in, but he knows it. So we're going to be — we're going to have a
blessing, I think, in having Bob Nachlinger back. But I really do think we need to get everybody to agree,
and we need to get a memorandum from the Management after you all get a legal opinion on what this —
how these funds can be used, because I have some real concerns that I had when the legislation was
passed with the way it was structured, and what that means after the first year. I know what it means the
first year. It's the second, and the third and the fourth year that I'm not sure what it means. So I want to
make sure that everybody pays very close attention to that, and that Commissioner Winton and anyone
else that was not here when it was passed is fully briefed, as we all are on that issue, because I think there
is the potential for several interpretations. And unfortunately, the arbitrator of State law is not the City
Attorney, I don't think. The decider of the — the person who renders opinions on State law is not the City
Attorney. It's — I'm not sure who it is, if it's the Attorney General or who. But I really want to make sure
that we're clear on that one issue, because we do have some very real issues. I also think that somewhere
along the line before the next meeting, the Manager and the Assistant Manager, the old Assistant Manager
and the new Assistant Manager maybe ought to try to meet with the Manager of the County and see if we
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0 6
can get a resolution of that issue before we begin to really create something. I know the Attorney may --
Did the County sue or did some individual sue?
Mr. Vilarello: We have both situations where we have an individual. A summary judgment has been filed
in that case. And we continue to have conversations with the County with regard to that litigation. And
we are planning to have a conversation with the Manager and the County Manager shortly.
Commissioner Teele: Does Miami -Dade Community College comply?
Ms. Henry: Yes, they do.
Commissioner Teele: Can we get a list of the entities that are not complying with us, the collection; to the
extent we know them? And can we get some kind of memorandum as to who's paying and who the top
five or the top twenty are, or however that works out?
Ms. Henry: Yes. We can — actually, Commissioners, we can provide you with the full database.
Commissioner Teele: That would be great.
Ms. Henry: With names not paying.
Commissioner Teele: But I need to know who's not paying to the extent, you know.
Commissioner Regalado: I got a question on the parking surcharge, very briefly. And this is also for
Bertha and the City Attorney, too. The money that is being collected at the Jackson Memorial Hospital
parking lot is in escrow, right?
Ms. Henry: Yes.
Commissioner Regalado: And who gets the interest? Whoever wins in court?
Mr. Vilarello: Any interest accruing on that would accrue to the benefit of the City if the City ultimately
receives that income.
Commissioner Regalado: OK. They have raised the rates on that parking lot. So what's —
Mr. Vilarello: The surcharge is based on whatever the parking rate is so —.
Commissioner Regalado: I know. I know that. But they have raised the rate for visitors and patients,
telling people that this is because of the parking surcharge. So is that something that you can play in
court?
Mr. Vilarello: We don't believe it's appropriate for the County to collect those funds and not immediately
reimburse them to the City. However, we are in the middle of the litigation, and we're trying to address
that issue right now.,
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Commissioner Teele: We could pay somebody — what's the minimum wage?
Commissioner Regalado: Five seventy-five.
Commissioner Teele: Five seventy-five an hour just to hand out flyers down there.
Commissioner Regalado: That's what I — that's what I said. And I said to the parking people, you should
distribute flyers saying that the County has increased the rates and is keeping the money.
Commissioner Teele: That's exactly right.
Commissioner Regalado: I mean, if they want to play hard.
Commissioner Teele: Well, and especially if you list one or two elected officials by name who did it, it'll
come down right away.
Commissioner Regalado: Because they have elections.
Commissioner Teele: You got it.
Vice Chairman. Gort: Is there any other question on the monthly report? OK. Thank you.
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52. (A) DISCUSS PROPOSED 2001 BUDGET.
(B) MANAGER TO MAIL NOTICES TO INFORM OF MILLAGE RATE FOR TAXES
AND DEBT SERVICE FOR PROPERTY OWNERS IN THE CITY.
(C) MANAGER TO PROVIDE A LIST OF INSTITUTIONAL PROPERTIES, WHICH ARE
TAX EXEMPT.
Vice Chairman Gort: Mr. Manager, you're on.
Carlos Gimenez (City Manager): Yes, sir. It gives me pleasure to present for your consideration my
recommendation for the fiscal year 2001 budget. Over the years, I have listened to the concerns raised by
our constituents and have prepared a budget, albeit in a short period of time, that responds to many of
those concerns in earnest.' It balances the need for quality services with continued fiscal prudence. The
total that is requested for all funds is five hundred and nine point four million dollars ($509.4 million).
The general fund portion of this amount is three hundred and seventeen point four million dollars ($317.4
million). First, in response to our residents by putting forth enhancements to the park system. We have
added eleven additional employees to expand youth crime prevention programs in the parks. Eleven. Last
year, we opened the Virginia Key Beach for swimming. Next year, we will provide for facility
renovations that would prepare for the opening of the historic black beach during the summer months. It
also continues the focus in the neighborhoods with continued cleanup initiatives such as lot clearing, and
street sweeping, strict code enforcement, and an aggressive program to improve the quality of life .for our
residents while creating a City that will attract a middle class with expanded housing and small business
development. Second, in response to businesses which have expressed concerns regarding our plans
review and permitting processes. Slightly expanded hours and 15 new positions which include 12
positions in Building, one position in Public Works, and two positions in Planning should increase the
efficiency and timeliness of our processes. As such, the City benefits by assuring that the major
development projects are expedited, thus expediting the expansion of our tax base, as well as the
revitalization of our neighborhoods. Third, it recognizes that in order for the City to remain competitive,
it has to restructure its business practices to participate in e- government in a serious way. We have hired
Arthur Andersen to develop a comprehensive strategic plan. Currently; we have added the position of
Web Administrator to the Information Technology Department to work with our consultants to assure the
City is well positioned to move forward aggressively. We have initiated the process for providing
resources for infrastructure maintenance. We have experienced the results of years of neglect and must
reverse the costly trend. We have proposed one million dollars ($1,000,000) on a recurring basis, separate
from the normal capital, to assure basic maintenance for our facilities. We issued a letter of solicitation
for an infrastructure study, which will provide for a maintenance program complete with schedules for
each of our buildings. It will also identify through professional assessments the true state of our facilities.
A contract will be presented for your consideration shortly. Fourth, we have identified efficiencies to
partly offset the enhancements proposed. It eliminates nine existing positions in the organization with the
intent to eliminate additional positions to the tune of five hundred thousand dollars ($500,000). I have
begun conversations with the new Police Chief regarding operational efficiencies in the Police Department
to include but not limited to placing more officers on the street and more support for City programs that
address the City Commission priorities. He has responded favorably and promises to do more. The
expansion of crime prevention programs in the parks is an initiative from the Law Enforcement Program.
Finally, the resources to support the initiatives outlined are consistent with those contained in the existing
five-year plan. We meet our reserve commitments and contractual obligations, and are well positioned to
take on initiatives such as the River Dredging and Network Access Point Projects, should they become a
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reality. In conclusion, I remind you that through the acceptance of the resolution that confirms me as City
Manager, you have agreed to participate in a vision goal -setting retreat with the Administration. I have
made provisions in the budget to facilitate such a process. From such a session, we would be able to
articulate the vision of our City through our elected body. It will set the framework for our mission,
augmented by measurable goals and objectives by which to measure my performance. I have avoided the
temptation to .commit to a number of new worthy but competing projects without the benefit of your
vision for the City. I have committed to the Financial Oversight Board that the City will prepare a plan
that utilizes the strategic investment reserves. Because of the criticality of the projects, I will be asking
that you strongly consider as a strategic investment the hiring of experts to expedite the planning
processes for our major development sites, such as the Watson Island, Virginia Key, and Bicentennial
Park, as well as comprehensive review of our land use and zoning codes. In the long run, the plan for the
use of these funds will require much feedback from you. We are continuing to position ourselves to be
financially healthy so as not to diminish services in an economic downturn. The ills of the past are
systematically being eradicated, and with the development of our waterfront properties, a significant tax
reduction, which is a high priority for all of us is within reach. With that, I'll turn the budget presentation
over to Bertha Henry.
Bertha Henry (Assistant City Manager, Finance & Administration): Thank you. Bertha Henry —
(Applause by Commissioner Teele.)
Ms. Henry: Very good. You get an applaud. Commissioners —
Commissioner Teele: Extremely professional. Extremely professional.
Mr. Gimenez: Thank you very much, Mr. Manager.
Ms. Henry: Commissioners, before I got into a very brief presentation, because I know you will probably
have a lot of questions, there are a couple of things I'd like to state up front. First and foremost, we do
have a responsibility to submit a budget to the Financial Oversight Board by the second of July. We have
presented you this information well in advance of that. We are prepared to meet with each of you
individually to go through in great detail what's contained therein. We are certainly prepared to make the
modifications that you find necessary. And hopefully, at the conclusion of this process, we will have a
budget that goes into September that would avoid some of the issues that were raised last year, and move
us outside of the budget wars. Before — also, before getting started, I'd like to offer my thanks to several
members of the Budget.staff All of the Budget staff, obviously, participated in this. But there were some
members who went well beyond the call of duty. If I start to mention them all, I'll probably get in trouble.
But I would like to pay special tribute to Pilar Saez-Butler. She has redesigned the budget format. The
pictures that you see on the front cover, the reorganization of the document came about solely as a result
of her initiative, and we're very appreciative of that. Needless to say, there are several people with respect
to the financial information that are my right hand. Marcelo Pena, who is there, and just really the
participation of all the staff. With that, I'll move into the presentation. First slide just gives you a
summary of the City's budget by fund. Commissioners, we have exceeded the half a billion -dollar mark.
Thanks to a number of grants that we received from the Federal and State Governments to augment our
services, the City is able to provide much of the services without specific or additional burden on our
residents. I'd like to focus a little bit on the general fund, and specifically on millage rates. I know that
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this is — this is the largest source of revenue for the City's general fund. We've had quite a bit of
discussion about our millage rate, the rollback rate and the like. We are at this time proposing that we
remain at the nine and a half mils. The rollback rate for operating purposes — and this is an estimate,
Commissioners, because we have not received the final numbers from the County. The County gives you
one gross number, and the next time we get the information, we get all the detail. And that's the first of
July, by State law. But based on the preliminary assessment that we received a little over —'a couple of
weeks ago, we estimate the rollback would be about nine point —just shy of nine point two mils. The debt
service on the other hand, we are proposing that we fall below the rollback rate. The rollback rate would
be one point three eight two mils. We're recommending one point two seven five mils. The total. impact
at this point is that our current rate, millage rate is ten point nine, and this budget proposes ten point seven
seven five. With respect to the dollar impact of that, we've provided that to you, as well. If we were to go
back to the rollback rate, we would have to find an additional four point four million dollars ($4.4 million)
for operating. But offsetting the fact that we have gone below the rollback rate for debt about three
million. At this time, I would like to talk a little bit about the appropriations by category. The general
fund budget — and once again, the focus is on the general fund. The general fund budget is primarily for
the City personnel related salaries, fringe benefits and the like. That's about 76 percent of the budget. As
you can see, the rest of the operating expenses are scattered throughout and really are not representative of
a significant amount of the City's budget. With regard to our work force, we think it's important that we
take a look at our employees and how they are classified. Basically, 91 percent of our work force is
represented by labor, and the breakdown of that is presented there for you. Others represent the
executives, the Manager, confidentials and other employees. And once again, this is the breakdown for
the general fund. With respect to — oh, I'm sorry. CIGU (City Independent Group Union) is the name for
our Sanitation Union. It's the acronym for that, for that union. With respect to service enhancements, the
Manager touched on these, these items in the budget, so I won't go through — I mean through his
presentation. I'll just highlight once again that we are proposing that our City pools are free for our
residents, that we offer free youth learn -to -swim sessions for residents at selected pools. We certainly
would like to do this at all of our pools, but we're having trouble finding certified swim instructors. We
will provide for as many as we're able to find at this point. The City competes with all the other
municipalities in the area to find lifeguards with that. designation, and they're pretty hard to find right now.
He touched on the beach opening for — the Civil Rights Beach, the expansion of youth programs at
selected parks and with NET (Neighborhood Enhancement Team). That continues to be the focus with
our cleanups... Plans review and permitting. This is an area where there was significant beefing up. We
added 12 positions in Building, one in Public Works and two in Planning so that we can move the
projects, get them on line, and begin to reap the benefits of those recurring revenues. With respect to
Information Technology, we are moving in that direction with a Webmaster in the infrastructure study, the
IT (Information Technology)study that's moving ahead. Other items that we have included in the budget
includes the infrastructure maintenance that the Manager spoke of. We have made provisions for the
Auditor General, and we have made provisions for festivals. At some point, the — you will be asked to
provide us with the detail of those that you wish, but this is pursuant to your directive.. With respect to
operating efficiencies, the — we have started to look at the organization. We are not — we haven't
completed that review yet. We have identified nine positions thus far, and we are committed to finding
the value of another half a million, and we'll keep doing that until we get to the point where there is the
redistribution of the work force in the priority areas, and we're more efficient. Before I move to this chart
— There was one other chart that didn't make its way in here, and we'll come back to that in a few
minutes. But.— OK.
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Commissioner Teele: You have a handout on that? Is that in here?
Ms. Henry: Mm-hmm. Commissioners, we — when we prepare the budget, it's always in the context of a
five-year forecast. And we have been meeting religiously with the Estimating Conference of the
Oversight Board to review the revenue and expenditure forecast that is contained herein. If you look at
the revenues, basically, our average growth in revenues is about two point three percent a year. That is —
two point three. That is very conservative. It is very well understood by the Estimating Conference that it
is a conservative number. Our assessed value growth in the last couple of years has been in the
neighborhood of four, five, six percent. They are concerned at some point as you move out in those outer
years that that's going to taper off. And so what they have asked us to do is to step down the rate of
increase. The Manager and I have discussed this quite a bit. We feel that is extremely conservative. But
at this point, it gives us — it gives us a picture of what could happen if we don't meet the assumptions that
we feel would probably be more appropriate. On the expenditure side, the average growth is about three
point one percent. And once again, that, at this point, there are a number of expenses here that fall outside
of our iminediate control. For example, the pension program. In 1999, our contributions to pension were
around ten million. In the year 2000, that contribution was about thirteen, fourteen million. For the year
2001, it's sixteen and a half, close to seven (sic) million. These numbers are actuarially determined.
Now, we are having extensive discussions with our pension programs, particularly FIPO (Fire and Police).
There's the area where we felt the increase was probably a little bit more than we would have expected.
Commissioner Winton: What are those average annual increases on a percent basis?
Ms. Henry: I'll calculate that for you. I don't have that.
Commissioner Winton: OK. If somebody could.
Ms. Henry: Yes.
Commissioner Winton: Thank you.
Ms. Henry: In fairness to — I don't see Charlie here, because he's usually on my shoulder to remind me to
say this. These rates are below the rates .that we were paying a few years ago as a result of the Gates
settlement. But once again — well, we did settle that, and it's our hope and it's our intention that, you
know, that we spend a lot of time in this area, because it's one that the growth can be exponential. Also,
health insurance has really skyrocketed. We're well on our way. Last year, we spent about thirteen
million for health insurance for the general employees. This year, we could very easily spend sixteen
million. We're on track to do that. So once again, that's another area where we're going to have to really
spend some time on. We're getting — we've generated a lot of statistics as it relates to our retirees, and the
staff, and current staff, and looking at a lot of trends. And there will have to be some hard decisions in the
near future in this area. The chart that I'd like to spend a little bit more time on, and that's our general
fund reserve chart. Basically, the way to interpret this chart is we have — we started the year 2000 at the
beginning of the year with forty-three million. We have — we expect to add to that sixteen point one
million. We have an obligation for prior year encumbrances of three point eight, which would bring us at
fifty-five point three. As you know, the blue ribbon in strategic investment dollars have been taken out.
That is at the request of the Oversight Board. They specifically want us to come up with a plan to spend
that money. They don't want our reserves to be dependent upon those proceeds. So we take it out here
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just to give you some idea of what transpires. But as you can see, over time, those reserves do grow. And
it is certainly our intent at some point to come to those level of reserves that we feel comfortable with.
The financial integrity principles discusses 15 percent. Once you basically met your obligations, even
that's a pretty. conservative percentage.
Vice Chairman Gort: The rule is 15 percent of your total budget should be in reserve?.
(Inaudible comment not included in the record.)
Ms. Henry: Yes. The --
Vice Chairman Gort: Of total revenues.
Ms. Henry: The reason we are — we're living within — I mean we're — our goal and our guide is the 15
percent. In the State law for the parking surcharge, it specifically says that whatever is — whatever the
proceeds beyond the 80 percent — in this case, that 20 percent — that 20 percent needs to be used -- needs
to be dedicated to reserves until .such time as your reserves is an average of the prior three-year actual
reserves of 15 percent. So as long as the parking surcharge program is in effect — in essence, if we want to
dedicate anything towards our, you know, the debt program to basically help the City meet its obligations,
we have to maintain a 15 percent reserve level.
Commissioner Winton: But that's a different issue. What's the standard in government? Is there a
standard in government for reserves? I mean, what the Legislation said relative to the parking charges?
Vice Chairman Gort: I don't think so.
Ms. Henry: No. The 15 percent is very conservative. There are a number — if you look at information
that you may get from Moody's and Standard and Poore's, you're — you know, you're anywhere in the
five to ten percent range. That assumes everything is healthy and you just basically — that should be
enough to meet your cash flow needs.
Commissioner Winton: The standard is five to ten percent.
Ms: Henry: Five to ten percent, depending upon --
Commissioner Winton: OK. And we're striving for 15.
Ms. Henry: Pursuant to State law, as long as the parking surcharge program is in effect. Commissioners,
anything at this point — I think over time, we will need to have some serious look at some of our other
issues. I didn't — this is not presented here at the moment, but the — we have some obligations that are not
funded. Those obligations, sixty-seven million of that relates to our insurance program. Our outstanding
liability, sixty-seven million, is for — is the actuarially determined reserve level that we should have. And
we don't come anywhere near that. General liability, all of that, Workers' Comp. included, including
Workers' Compensation.
Commissioner Winton: And where are we?
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Ms. Henry: Right now, at the end of this year, we'll have two point two million.
Commissioner Winton: Oh.
Ms. Henry: That we have specifically dedicated to that.
Commissioner Winton: So that's a different reserve than the five percent that you were just talking about?
Ms. Henry: Absolutely. Those —
Commissioner Winton: There's a five percent reserve that we ought to have just for operations?
Ms. Henry: Yes.
Commissioner Winton: And then you have other reserve categories that we need to build, also?,
Ms. Henry: Absolutely. We, we, as a City, have chosen to self -insure a lot of our risk. And in so doing,
you are — we are responsible, we're obligated to make sure that we have the appropriate reserves to meet
those risks. Additionally, we have uncompensated absences of a little over forty-five million. And that is
basically a snapshot in time that if all the employees were to leave at once, the accumulated value of their
vacation and sick leave is forty-five million. Now, obviously, we don't expect to have a mass exodus at
any point in time. But the significance of that is if we were to offer a buyout program or something like
that in the future, we would have to come up with a significant amount of money to be able to meet the .
severance requirements.
Commissioner Regalado: Question, Bertha. Bertha, the double homestead exemption, it's considered in
this budget?
Ms. Henry: Absolutely.
Commissioner Regalado: And the impact is more or less what we thought?
Ms. Henry: At this point, we do not have the specific detail to determine what the impact overall -- The
County gave us a gross number that says this is your taxable value, assessed valuation. It's just one gross
number. There's no detail. They are required by law to provide us the specific detail by July 1st. There's
one other chart that I wanted to —
Commissioner Winton: Bertha, did you have — did you give us a charton the list of unfunded reserve
amounts? That's not here in this.
Ms. Henry: That's not here, but I can provide that for you.
Commissioner Winton: OK. Thank you.
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Ms. Henry: Yeah, we will do that. I also wanted — this is a chart and this is specifically — if I could have
Commissioner Teele's attention. This is for you. We wanted to really start to take a look at the City of
Miami as it relates to the rest of the cities in the community. And we looked at — I mean I've looked — we
started looking at — and this is for '99. But we started to look at the value, and now I can give you a hard
copy of that chart. I inadvertently didn't get it in there. But we started to look at the assessed — the
millage rates for the cities, and solid waste rates and so forth, and we picked those variables just to see
how the City compares. I did not use — there are some cities that are much higher than the City. And I
didn't want to be selective, but I took the top five cities, because that seemed to make sense. And we
could —
(Inaudible comment not included in the record.)
Ms. Henry: Yes, within the City. And this chart basically shows that we are at this point in overall tax
and fee burden, we're — we're not the highest, but we're certainly not the lowest, but we're really within
striking distance. If you — you know, if you assume the value of about ninety-five thousand — value of a
home in the City of ninety-five thousand and you use. that same value for all of those communities.
Vice Chairman Gort: You used ninety-five thousand or a hundred thousand?
Ms. Henry: Ninety-five.
Vice Chairman Gort: Ninety-five thousand. Now, the problem with this tax bill is that when people
receive the tax bill, a lot of people do not understand it. And I think this is something we have to bring out
through Channel 9 to make sure, because then you have to add the — to that tax bill, you have to add the
school, and you have to add the County and what other charges?
Ms. Henry: We have a chart that shows that, as well. Now, we have a chart that basically says that the —
that gives the breakdown of where, for every dollar that is spent, where it goes.
Vice Chairman Gort: OK. My understanding in looking at the numbers you have given me, next year's
budget, the City of Miami is going to be — they're going to have a savings of twelve -fifty.
Ms. Henry: I'm sorry.
Vice Chairman Gort: A savings of twelve dollars and fifty cents ($12.50) based on a hundred thousand
dollars average value, the calculation that I did.
Ms. Henry: No.
Vice Chairman Gort: This year's budget compared to last year's budget.
Ms. Henry: OK.
Vice Chairman Gort: My understanding of the number, because of the reduction in debt services, it's
going to reduce the — from last year by twelve point five.
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Ms. Henry: I didn't do the specific calculation, but yes, because we are going below the.rollback rate for
debt service—
Vice Chairman Gort: So our taxes for the City of Miami next year will be twelve dollars and fifty cents
($12.50) less for the City of Miami. And I want to make sure we put this in the record, because I don't
know what the School Board is going to come with, and I don't know what Dade County is going to come
with. So I think it's very important.
Ms. Henry: The other thing that I wanted to point out, that for every dollar that is spent, thirty-eight cents
(.38) goes to the City, thirty-four cents (.34) goes to the School Board, twenty-five cents (.25) goes to the
County and three cents (03) goes to the State of Florida.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: You do have my attention on this. Let me tell you, first of all, the presentation is
outstanding. And I mean, I really want to commend the Manager, you and the staff, even the – your
computer operators got this thing down pat. So obviously, there's a lot of time that's gone into this, and
I'm very grateful. But on the issue, I think the tax burden comparison is a very important comparison.
But Bertha, in fairness, I think what you've got to look at is what's the policy that we're trying to do? We
don't need to – I'm not concerned about comparing the City of Miami to any particular city. What we're
– what we have to be concerned about, in my opinion, from the narrow point of view that I'm looking at,
is the potential for the City of Miami to grow to be a major city, a major city by definition, which gives us
more dollars, more benefits from the Federal programs is a minimum of five hundred thousand people.
Now, the tax burden comparison becomes critical to compare not against other cities necessarily, but first
and foremost against the largest City in Dade County. That's a trick question. And the largest city in
Dade County is?
Ms. Henry: The largest city is Miami.
Commissioner Teele: The largest –
Mr. Gimenez: The largest city is the unincorporated area.
Commissioner Teele: That's exactly right. Now see, let me tell you, the City that doesn't exist. The
unincorporated -- or what is properly referred to as the Municipal District of Unincorporated Dade
County. The Municipal District of Unincorporated Dade County has about one million people in it. OK?
If we're going to grow, we're not going to grow at the expense of Miami Beach, Hialeah, or North Miami.
First and foremost, we're going to grow at the expense of the Unincorporated or the Unincorporated
Service Area or District. So the most important comparison is the Unincorporated Municipal rate. And
that rate is whatever it is. It's five mils; it's six mils, whatever it is. And then that has other components
that can be factored. But I think this kind of an analysis is – this is the first time since I've sat here on this
dais that this has come from staff. And I mean, I'm very grateful, Mr. Manager, that we're looking at this.
The two things that are really important are Unincorporated Dade County and those municipalities that are
adjacent to that. Hialeah is a fair comparison. Mayor Martinez said that Brownsville should be annexed
by Hialeah. Well, guess what? Brownsville is far more a part of Miami than it is Hialeah. But I can't
blame him for trying to grow his city. We're not doing anything about it. And I got to tell you something.
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Brownsville and that area in there will create a donor, because it's largely warehouses.. The residential
part of Brownsville is a very, very small part of it. But it's all - you know, the old cold storage areas,
meat storage areas, it's huge. The big printing companies. The same, thing is true in Flagami, west of
Flagami, and the same thing is true in the areas around Coral Gables, Melrose and the little Gables area,
we have to look at that, as well as the area in North Miami and El Portal. I mean, I think this is very
helpful. But I think if we're really going to tie this together, we have to look at the unincorporated,
because that's the number we've got to be.. The question is — and this has played out in the area of destiny
where, you know, you had the African-American leaders, the African-American community saying let's
create our own city. It's a large — the population was largely African-American. Guess what? African-
Americans are just like Anglo-Americans or Cuban -Americans and everybody else. They vote first and
foremost their pocketbook. And the largest issue on destiny, the whole campaign against destiny is you're
going to have to pay more taxes. And you would have had to pay. So I think this is very helpful. I'm
totally committed to it. I think Commissioner Gort's point is the other number in this is the debt service
number that has to be the other — because that's where we're really doing great. And in this point --
Bertha, I know you're leaving, but I want to make this point to you and the Manager. You know, I've
seen this Dade County and the Chamber; you know, hoorah, hoorah about how good we're doing. And
I've seen the ads that we're paying for, by the way, you know, that mention the incumbent Mayor's name
12 times at the cost of six hundred thousand dollars ($600,000), and on and on and on about how great
Dade County is doing, ads in the newspaper. Let me tell you, once we decide on the millage rate and all
that, I hope that in July, August that we will go out with direct mailing and ads that say where we are,
because I'm going to tell you something. We are historic — we are right now poised to be the lowest that
the City of Miami has been in the last 20 some years, largely because of the tax — I mean the debt issue
that Commissioner Gort just raised is going down. And as long as you don't add more debt, it's going
down. And we ain't adding more debt. And then the hard decisions that this Commission has taken on
the millage rate. So I really hope that as a part of this, you'll think — and I see that our great Media
Director is here. He is great, right? Our great mediator. But I really do hope that we'll begin to plan
something that the citizens can get a handle on, because what's happening here is much better than we're
explaining, I think.
Ms. Henry: Commissioner, you asked the rate — you mentioned that the rate that we would have to beat is
the UMSA rate, which is that unincorporated area for the County and that rate is twenty-two point five
three.
Commissioner Teele: No, no. See that — see, let me tell you, that's very misleading.
Ms. Henry: That's the full.
Commissioner Teele: That's the fully loaded. You got to compare DMSA (Unincorporated Municipal
Service Area) rates. You can't add, say, inland water or South Florida water somewhere that may or may
not be. You got to compare the UMSA and the UMSA debt service to that, because that includes the
library. I guess what you're saying is that UMSA is twenty-two point five, and what's the City of Miami?
Twenty-two point five —
Vice Chairman Gort: Twenty-eight point two three.
Ms. Henry: Yes. So basically, the differences is what — that you would have for DMSA.
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Vice Chairman Gort: Five point something was the difference. We have to reduce the millage —
Commissioner Teele: But you know what? Can I tell you something, Bertha? It's not that bad. It's not
as has as it looks. It's twenty-two point five there, and the City is what?
Vice Chairman Gort: Twenty-eight point three.
Commissioner Teele: That's six mils. That's a good five and a half, six mils, OK. But let me tell you
something. If you add in the solid waste differential —
Vice Chairman Gort: Right.
Ms. Henry: Yes.
Commissioner Teele: If you add in the solid waste differential, it goes down dramatically.
Commissioner Regalado: Three hundred and sixty-nine.
Commissioner Teele: As compared to whatever they're charging.
Commissioner Regalado: No, no. Ours is —
Commissioner Teele: It's a hundred dollar ($100) spread; I know that.
Commissioner Regalado: Right.
Commissioner Teele: So I mean it really doesn't require an analysis, because if we talk about annexing
Little Gables, which is a simple issue, I mean, we clearly should annex that area. The issue is going to be
-- and everybody is going to sit down and look at it — how much is it going to cost us, more or less, or is it
the same? And I think this is a very helpful comparison.
Ms. Henry: We will go back and we will provide some of those comparisons, particularly with respect to
those cities that are contiguous to Miami.
Commissioner Regalado: But you know —
Vice Chairman Gort: But at the same time, the service being provided is a lot different.
Ms. Henry: Quality service, Miami.
Commissioner Regalado: Yeah, but you know, Commissioner, Commissioner Teele and Bertha, Little
Gables and Melrose are in a very unique situation, because the County has to travel miles to service those
two areas by rescue, police, solid waste, and they're landlocked. I mean, they have Coral Gables, they
have West Miami, they have Miami. And Little Gables, it's about maybe fifteen to twenty thousand
residents. And Melrose is exactly the same.
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Commissioner Teele: And that's why, if we come in with a comprehensive package, the County —
because we can help the County out on some of these areas. If we come in with a comprehensive package
for annexation -- and I think there are some other issues, you know, balance issues that .have to be.
maintained in terms of the existing vote -- no voter group that exists today can be diluted or changed
substantially. But if we can come in with a comprehensive package, I think right now the County is
willing to work with us. But the problem is —
Commissioner Regalado: And not only that Commissioner —
Commissioner Teele: -- nobody is going to pay three mils more or two mils more to come be in the City
than to stay in the County. And two mils is a lot of money.
Commissioner Regalado: It is, but what I'm saying on the voter issue, remember that even if we were to
annex Melrose and Little Gables, there would still be voting in the same Dade County district. That
would not be a change for the County. Maybe for the City. It may be for the City. And the other issue is
that we have to educate these residents in terms of the amount of money they pay and the service they get
for trash and solid waste, which, you know, they can only get a yearly pickup of trash as opposed to
weekly pickup of trash in the City of Miami.
Commissioner Teele: If you have a referendum right now in the City of Miami, we put a nonbonding
referendum on this ballot, would you rather have the same level of service for garbage pickup or whatever
and lower money, as in the County, everybody — I can tell you right now, everybody is going to vote for
lower money.
Commissioner Regalado: Oh, yeah.
Commissioner Teele: If you say you have the same level of service, of fire protection in the County and
define what it is, or have the services that's in the City and define what it is, and say what the difference in
the money is, the vote's going to be overwhelmingly —
Commissioner Regalado: Oh, yeah.
Commissioner Teele: -- people are going to want whatever is cheaper, as long as it's adequate.
Vice Chairman Gort: Question. West Miami, are you sure of the twenty-eight point five seven?
Mr. Gimenez: Yes, sir. These are — you know, they come from Dade County, the tax assessor. That's the
rates they charge. We are not the most — we don't have the highest millage rate in Dade County, actually.
We're like tenth.
Commissioner Teele: Yeah, but see, see, this is what you got to understand. If you did this chart two
years ago -- See, now we're bragging. Now we're sitting around here bragging without bragging. The
reason we're where we are now is because —
Ms. Henry: That half a mil.
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Vice Chairman Gort: We did a lot of tightening up. .
Commissioner Teele: -- we did a lot of tightening up. And it was a painful process, remember? We had
one Commissioner say keep the taxes as high as you can and the fees as low as you can. I mean, that was
the philosophy. So I mean, the reason we're down where we are now is because we have our — we
dropped our millage from ten mils to nine point five, the first time we've done that in 14 or 15 years. So —
and I think we can go much lower. I mean, I think we can get down lower. But this chart does not give
the best picture for the City of Miami, because it does not factor in solid waste. If you factor in solid
waste, it's going to put the City in a much — in a slightly better position than it's being portrayed here.
This is strictly ad valorem.
Ms. Henry: That's strictly ad valorem. And the previous chart attempted to do that for the top five. But
we'll go through that analysis and provide you with charts on that.
Vice Chairman Gort: My question on the twenty-eight point two three one -o for the City that is including
the fire fee and the solid waste, right?
Ms. Henry: No.
Vice Chairman Gort: It doesn't?
Ms. Henry: That's just strictly ad valorem. The chart, the previous chart where we showed the ad
valorem, we also showed the fire fee, and then we showed the solid waste.
Commissioner Winton: And Commissioner Teele, when we do the analysis, the comparative analysis, we
have to be fair in terms of what we're really charging, also. You know, we don't want a false deal there
where we're losing —
Commissioner Teele: Because we have a fire fee in there.
Commissioner Winton: Right: And could I speak on the fire fee for a second? When the fire fee was put
in place, the primary initial pitch was we're putting in this fire fee in place so that we would have a
mechanism for getting a revenue source from all the tax-exempt properties. That was the primary initial
pitch, which I remember very clearly. The effort to get all of these tax-exempt entities paying some fee in
lieu of taxes, where are we with that? Have we made any real progress in that regard?
Mr. Gimenez: Commissioner, you have the ability to do that. It's really up to the Commission to decide
if you want to assess all the institutional taxes on properties in the City of Miami. You have the ability to .
do that.
Commissioner Winton: Could I get a list of all of those institutional tax-exempt properties?
Vice Chairman Gort: Thirty-three percent.
Mr. Gimenez: Absolutely.
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Ms. Henry: Actually in your — in the document we have, we have such a chart.
Commissioner Winton: So show me how to read this thing. 'So the 1.994 was 33 percent_ tax-exempt?
And 1999 is now down to 30?
Ms. Henry: Yes.
Mr. Gimenez: Commissioner, if I may. The — we assessed some tax-exempt properties with the fire fee.
The ones that are exempt are institutional tax exempts are exempt from the fire fee. But there — you have
a commercial tax-exemptproperty that may not be taxed; it still is assessed with a fire fee. It's the
property class and the exemption. Institutional tax -exempts are not assessed.
Commissioner Winton: But in terms of this chart here was 1996, was it — or 1994 — 33 percent of the
taxable value of the City was exempt?
Ms. Henry: Exactly.
Commissioner Winton: And now then it's down to 30 percent?
Ms. Henry: It's down to 30 percent.
Commissioner Winton: So we've lost some somewhere or another or they've started paying, right?
Ms. Henry: Well, or we've — we've beefed the areas.
Commissioner Winton: But could I get a list of the actual major institutions that aren't paying so I know
who we're dealing with here?
Ms. Henry: Sure.
Commissioner Winton: Thank you.
Mr. Gimenez: You know, we can get you a listing of all those properties that are exempt (unintelligible).
Commissioner Winton: Thank you.
Ms. Henry: But the significant thing about that.'chart, as well, is that right below that, there is a pie that
basically shows where those exemptions fall. The significant — the largest portion of those exemptions fall
with government. And that does not include School Board. The School Board is in the institutional
category, along with churches and other things. So —
Commissioner Winton: And the School Board is not paying anything?
Ms. Henry: No.
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Vice Chairman Gort: No.
Commissioner Winton: Now, let me see if I get this straight. The largest number of failing schools in the
entire County, the "D" and "F" schools are in the City of Miami. The — probably the greatest amount of
impact fees in the County are being generated by the City of Miami. But we have the most failing
schools. We've got the School District headquarters here, and they don't pay anything. And we have a
right to charge them?
Mr. Gimenez: You have a right to charge them the fire assessment, yes. I think you do.
Commissioner Winton: All right. Thank you.
Ms. Henry: But for the property tax, we don't.
Commissioner Winton: I would love to see this list.
Vice Chairman Gort: Let me ask you a question. The City profile, the statistics that you have here, are.
these 1990 Census Bureau or revised?
Ms. Henry: Yes. Those are the — those are very old.
Vice Chairman Gort: Those are changed completely?
Ms. Henry: Absolutely.
Vice Chairman Gort: OK.
Ms. Henry: We certainly hope so.
Vice Chairman Gort: Because I was looking at the age distribution. It's not there. That's —
Ms. Henry: We certainly hope so.
Vice Chairman Gort: OK.
Ms. Henry: There is one other. thing that I want to put on the record. From time to time, the Commission
has asked the Administration to look at the issue of the Building Department and the related revenues that
we generate from the plan and fee review. You may recall the Commissioner indicating that we may have
some structural problems with the budget. The gist of that is currently; the Building Department Expenses
and the revenue that it generates are in the general fund. State law seems — the City Attorney suggest that
because it's a fee, that fee should be commensurate with the service that it provides. We shouldn't make a
profit, so to speak. And the Commission — This is with respect to the issue that has been raised from time
to time about the — potentially a structural problem that we have in the budget. We have done some
preliminary work on the — on allocating costs that are currently not in the general fund. We have not
completed that. We've given you some of that information, but we — the contract that was on earlier for
Maximus, formerly David M. Griffith and Associates, they would do a full cost allocation. But with just
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some of the — with the internal service charges, so to speak, we are not generating in revenue what we
spend, the total cost of running that program, when you add in the vehicle maintenance, and you add in the
space and so forth. So at this point, it is — we're recommending that it stay in the general fund for two
reasons. The first reason is that we are going to — the look of our financial statements will change
dramatically in two years. So —
(Inaudible comment not included in the record.)
Ms. Henry: Yes. The Governmental Accounting Standards Boards have asked us to move away from
fund accounting, so to speak, and start to have our statements look like the private sector statements.
Commissioner Teele: But that' everybody. That's not just us.
Ms. Henry: That's everybody.
Commissioner Teele: That's every City?
Ms. Henry: Absolutely. Absolutely. Some cities are required to implement it sooner than others. The
City of Miami is one of the first cities, because of its size and so forth, is required to implement it first. So
we would — I would ask that if we could not create that as a special revenue fund at this, time, because
basically, it's a fund that we would have to — another fund we'd have to manage, and we'd have to transfer
a general fund subsidy over to support it. So at this point, it doesn't make a lot of sense to do that. Now,
we'll look at it every year. And there may come a day that maybe that needs to happen, but probably not
before we change the look of our statements. But we're recommending that we continue as we are right
now.
(Inaudible comment not included in the record.)
Ms. Henry: Exactly. Are there any specific questions, any other questions?
Vice Chairman Gort: Any additional questions?
Commissioner Teele: Mr. Chairman, I just can't compliment the Manager and Ms. Henry and the staff
that's worked on this enough. This is a light-year ahead of what we have been dealing with for the last
three years. And.I know this is incremental, and there are a lot of people that are not here now in
government that contributed in their own way. But I do think, Mr. Manager, that you. and your staff really
have helped to begin to move us, at least from my vantage point, substantially in a much more
professional, and thoughtful — and again, I think your position, the statement which you articulated, which
I'd certainly like to get a copy of or have the Clerk to furnish one, is the kind of professionalism that I
would like for us to exhibit more of, and I commend you. In that regard, I'd like to make three or four
quick observations that we can deal with at a later date. Number one, the table of organization that you're
outlining for the 2001 budget which consists of three assistant managers and 26 departments and offices,
again, I want to urge that you take another look at hiring, adding at least one additional assistant manager.
I think the critical requirement — and I saw this yesterday and today in the context of, say, something as
simple as the AT&T (American Telephone & Telegraph) Agreement. You know, everybody looks at their
issue, the issue of the zoning, the planning, and the issues that AT&T came up and made promises to deal
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with, the neighborhoods have been complaining. They have been talking to the NET (Neighborhood
Enhancement Team) Office. I mean, you know, the Habitat for Humanity people. And quite frankly, you
know, I'm a little embarrassed because I did not support the position of Habitat for Humanity. But I did
say if they're going to agree to do it, AT&T is going to agree to do it, they've got to do it. Well, they saw
in the paper, of course, this notice that AT&T is coming up. They wanted to come down, and fortunately,
they were able to meet. But the point is this: Here, you have a neighborhood group, a very prestigious
neighborhood group — and whether they're prestigious or just, you know, Joe lunch bucket, it really
.doesn't matter. They've been complaining to the NET Office. You have a Planning and a Building
Department all responsible for insuring that what they committed to was being done. And yet, the staff is
having these meetings every Monday or every two weeks with the staff, that is the Technology staff, about
AT&T's contract, but these issues never come up. In other words, the citizens issues, these -- We've got
to really work to get the citizen, the neighborhood issues more involved in the essence of government. and
what we're dealing. I mean, we can go on about Public Works, these issues that are -- continue to come
up, but they're not being coordinated. The role of assistant managers, in my judgment, is not to run
departments. It's to coordinate, and even across departmental lines. I think one of the really weaknesses
that we have in the City of Miami that has evolved over this very, very fluid situation is that everybody is
out there trying to hold onto their department, and trying to protect, and we need assistant managers that
can work through these bureaucracies that have been created. And this is particularly true, I think, of
getting the NET process engrained into being a part of government. Every one of these department heads
works for NET. Every one of these department heads works for the NET process, because in your table of
organization, at the very top — it's not, you know, the Manager and it's not the Mayor. At the very top it's
the residents of Miami. And that process is fed up through NET. If there is a disconnect in Public Works,
if there is a disconnect in Information Technology, it really does reflect. Again, one of the issues we
talked about this morning, I believe that the NET process should be made a department of some sort. But
right now, it's not a department. And you know the issues associated with that. We've got a series of
issues that I — I don't know how to deal with that. Maybe you ought to make a -- If there's not going to be
a department, then make them an assistant manager, and office of an assistant manager, assistant manager
for NET and make them that office, and give them clout that they need to deal across the system. But that,
to me, is a problem. Twenty-six departments, and. agencies, and officers is a problem I think we can
streamline. I really think we can streamline. But I don't have any recommendations. I'm not going to
make any. I'm asking for you all to make them. And yet, I think one of the things that this discussion and
all of the problems that we're dealing with, the major problems .that we're dealing with in the City of
Miami really deal with government -to -government relationships. The point that Commissioner Winton
was just going through, the point that I keep talking about as it relates to Town Square South or Town
Villa South, where the County has got that huge slum there, you can -- You know, nobody in this whole
City has looked at. We've never had one discussion other than today about all these "17" schools. And
yet, I see Miami Beach just sued the School Board. I'm not recommending that we start suing the School
Board, but I mean we have some obligations that we're not discharging here. Sir?
(Inaudible comment not included in the record.)
Commissioner Teele: (Unintelligible). But the point that I'm making is this: In the County, there is
somebody right this minute that is watching this meeting whose sole job it is to follow what's going on in
the major cities of Dade County. The same thing is happening in — and nowhere does this come more into
focus than in the fire issues. Chief — I mean Mr. Manager, am I being honest here and correct about this?
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Mr. Gimenez: Yes; you are. You're right, sir.
Commissioner Teele: And yet, we've got all kinds of intergovernmental issues and relationships with
water and sewer, but yet there is nowhere on this organizational chart do we have an Office of
Intergovernmental Relationships. One of the things I want to talk to the Chief about today is
intergovernmental relationships with the Police Department. We are very, very, very dependent on State
funds, Federal funds, on our relationship with water, Dade County Water and Sewer, our relationships
with the County. We're talking now about the biggest issue, financial issue that we have is the County's
refusal to pay the parking surcharge. But show me the office on here that is dedicated and is focused on
the MPO (Metropolitan Planning Organization) process, on the governmental process. We need a strong
Office of Intergovernmental Affairs.
Commissioner Winton: Commissioner Teele, could I add something to that point? In looking around at
what other governments are doing, also, and it's an add-on to what you're saying here, I think we also
need a Legislative Services Director or some such thing. But that person is responsible for carrying our
legislative agenda to Tallahassee and Washington on a full-time basis, instead of us depending on the
consultants, all of whom work for 14 other governments out there. We need a full-time person just like
this. And maybe there's two people or one person that does both these things that focuses on our
legislative items which can bring us money. And this — I think these positions can more than .pay for
themselves, both of those, or if it's one doing both things, can pay for themselves, just in terms of being
able to create greater opportunities for us.
Commissioner Teele: Commissioner Winton, we need an office of governmental Affairs that is not one
person or two people. And I know that currently, the Manager's Office has an Executive Assistant — I
notice that it's eliminated here whose principal — one of their principal jobs of the Administrative
Assistant, Executive Assistant is to do the intergovernmental coordination. I think she's done an
outstanding job. But again, we need grant writing activity. Some of that goes on in the. Office of
Management now, but it's not really coordinated. And we really do need to be a lot more proactive.
Lobbyists .are fine, but we need somebody who's full-time that has a relationship with each one of these
legislators. I mean, that's their job. That lady that came in here today from AT&T, what's her name?
Rocky. Her job is keeping a direct relationship with the Dade County Delegation, and the commissioners
and mayors of all these places. And if government — the private sector can do it, we need to do that. So I
really do think that -- While I'm asking you to reduce the number of boxes, I'm suggesting that there is
one box there. There's a second box. While you've acknowledged it in the budget, the Office of the
Auditor General should be also included on the extreme left-hand box of that. The issue that you just need
to be very clear on, and that's this: I think, you know, we're going to have to decide this year, in July,
whether or not we really are going to reduce taxes again or whether or not we're going to increase taxes,
and anything going above the rollback rate is an increase, or whether .or not we're really going to take this
— what I thought was a two-step process that we all said we're going to do, and that is we're going to
reduce taxes two years in a row. And we've reduced it from ten mils to nine point five mils. We need to
be at the rollback rate. I'm going to tell you right now, I'm not going to play games. I think the only way
we're going to do this is we either are going to do it in July when you set the millage rate. And I know
what the argument is. Oh, just take it to the next, and then we'll work through the summer, and we'll
figure out how we can get there. But once we set the rollback — once we set the rate in July and it goes out
in the notices, we are protected from ourselves. And I'm going to just serve notice right here and right
now. I am going to advocate that we go to the rollback rate in July. I think tax relief is very meaningful.
177' 6/8/00
I think we have put ourselves in a totally different position to be a part of this community, this dynamic
community if we can bring ourselves to bring two straight years of tax relief. We clear all of the issues
with the Oversight Board with that step, because at that point, we've got a full mil to tell the Oversight
Board what we're going to do in out years, because one of the advantages of having your millage.fate with
flexibility and elasticity is you can see, we're going to take whatever you want us to do out of the ad
valorem rate in the future. And it's nothing they can do or anyone else can do about that.. But other than
the fact that the picture in the front of thebook for me is horrible, and if I'd like to get a new picture, I
think it's a very great presentation. And I strongly support the direction you're moving us in, Mr.
Manager, and I want to be a part of the positive process in – over the next two or three or weeks.
Mr. Gimenez: If I may make a comment, sir. I agree with your philosophy on ACM's (Assistant City
Managers), in that they are facilitators that break down barriers within departments, and I've already given
that message out to the staff, and that's exactly what the ACM's are going to do. I was hesitant to make
any changes in the organizational structure within such a short period of time. I think.– I am fully
committed to making those changes, and I am fully committed to streamlining the government, but in this
short period of time, I just didn't think I had enough time to do it, and I'm going to need a lot more time,
some more time to really study the point, and then make those changes throughout the fiscal year.
Commissioner Teele: I respect that, but I've got to just say this: I've been here for three years. I'll be
here four years next November, the Lord willing. Every person that's sat in that chair – and this is not
your fault, it's the same thing – the problem of instability is that nothing can get resolved, because
everybody has got to come in and study it for a while. And that is the systematic problem, core problem
that this City has. And somewhere, Mr. Manager, I encourage you, having been in this City for some 15,
20, 21 years, 25?
Mr. Gimenez: Twenty-five.
Commissioner Teele: Twenty-five years that you've seen enough, and maybe you ought to make a few
changes and work with us on this, because some of us, you know, are committed to saying that it's bigger
than the individuals. It's about the taxpayers, and it's about making government more responsive.
Mr. Gimenez: I'll commit to looking at the organizational chart and making those changes prior to the
next meeting that—
Commissioner Teele: That you're comfortable with.
Mr. Gimenez: -- that I'm comfortable with.
Commissioner Teele: Recommendations.
Vice Chairman Gort: Mr. Manager, if you recall, back in 1995, we were able to do it, and you were part
of that team that did the restructuring of the City. One thing that I have to tell you, the problem that I've
found sometimes in working with major projects within the City of Miami is a lack of communication that
exists between the different departments. And sometimes, it takes my office to coordinate the departments
and bring them all together so they can be speaking to each other. So with the technical support that we're
getting right now, and all the funding that. we're spending and this technical advance in our technology,
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we should be able to do that. And one of the biggest problems that I have found through my experience in
here is, like I stated before, we sit here, we make decisions, we put conditions, and we ask for certain
things. But unfortunately, there's no follow-up to it. We have to make sure that we have the follow-up to
whatever legislative items we have here, whenever we grant a variance, whenever we grant anything that
has conditions to make sure those conditions are met with. If they're not, then remove them; take the
contract away to remove whatever we did for them. I think we need to do that. The biggest problem that I
have is my office has to do a lot of follow-up that shouldn't be done by my office. It should be done by
our staff and Administration. And I think you are capable, and you have the instruments, and you've got
the technology to do so. And I think we're telling you to go ahead and do it.
Mr. Gimenez: Yes, sir.
Vice Chairman Gort: And once again, any other questions? I want to thank you. It's a very good
presentation, and thank you very much.
Mr. Gimenez: I want to thank Bertha Henry for the time that she's really put into it. She's. really the
author of this whole thing.
(APPLAUSE)
Vice Chairman Gort: We might draft her back, who knows?
179 6/8/00
U
53. CONDOLENCES TO THE FAMILY OF MARIA DE LOS ANGELES FIGUEROA, UPON HER
TIMELY DEATH.
(See #27)
Vice Chairman Gort: OK. Do we have any other items? We have the Commissioners' items. One, two,
three. Commissioner Sanchez is not here. I'd like to at this time — I think you all got a copy of the
resolution. A resolution of the Miami City Commission expressing their deepest sympathy and sincerest
condolences on behalf of the City of Miami and its citizens to the family and friends of Maria De Los
Angeles Figueroa upon her untimely death. You all have a copy of it. Do I have a motion?
Commissioner Regalado:, Yes. I'll move it, Mr. Chairman.
Vice Chairman Gort: Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded. All in favor state it by saying "aye.".
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following resolution was introduced .by Commissioner Regalado, who moved it adoption:
RESOLUTION NO. 00=515
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON
BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE
FAMILY AND FRIENDS OF MARIA DE LOS ANGELES FIGUEROA,
UPON HER UNTIMELY DEATH.
(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: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
180 6/8/00
54. (A) DISCUSS POLICE PRESENCE DURING ELIAN GONZALEZ SEIZURE . FROM
LITTLE HAVANA RESIDENCE — MAYOR'S USE .OF POLICE OFFICERS IN MAYOR'S STAFF —
DONALD WARSHAW NOTES.
(B) , . REQUEST STATE SPECIAL' PROSECUTOR TO INITIATE AN INVESTIGATION
RELATING TO ALLEGATIONS THAT ANY FORMER OR PRESENT CITY OFFICIAL, MEMBER
OF THE POLICE DEPARTMENT, OR EMPLOYEE OF THE CITY PARTICIPATED IN ILLEGAL
SURVEILLANCE OF ANY CITY OFFICIALS OR OTHER PERSONS.
Vice Chairman Gort: OK.
Commissioner Regalado: Mr. Chairman, before you do the Commissioners' items, the Chief of Police
was scheduled to be here at 5:30 to answer some questions, and he has been here all day. So I wonder if
we can take that now.
Vice Chairman Gort: Let's'go.
Commissioner Winton: We. have some pockets.
Vice Chairman Gort: Yeah.
Commissioner Regalado: I have several questions.. I have many questions, but Mr. Chief of Police, today,
Mr. Robert Wallace had a press conference, and he apologized to you, and the Police Department for the
comments that he wrote or. said. I'm not sure about that. But in — I mean maybe trying to help you and
the Police Department, he did say that he had the full .cooperation of the Police Department that not only
Assistant Chief Brooks participated -- I was told that. I have not heard the press conference — but that two
mayors did participate in the Operation Reunion.
Carlos Gimenez (City Manager): Majors.
Commissioner Regalado: Majors.
Mr. Gimenez: I believe you said "Mayors."
Commissioner Regalado: Oh, OK. All right. Is that — is that something that you can tell us? Is that a
fact? Did any — other than Chief Brooks that was identified any others that you know or your
investigation, any other member of the Miami Police Department was present physically at the Operation
Reunion site?
Raul Martinez (Chief of Police): Yes, sir. Raul Martinez, Chief of Police. There were obviously police
officers present there at the scene, because it's obvious from the tapes. You know, we have officers
positioned at those barricades for about five months, you know, street police officers assigned to that area
for many, many months. Chief O'Brien ordered certain staff members to be there to open the barricades
to allow the Federal agents to enter the perimeter of Elian's house. And there were a total of -- And he
also ordered another staff member to come to the Police Department to open the emergency operation
rooms.
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Commissioner Regalado: Were they on the vans?
Chief Martinez: No, sir, no. The other staff members at the scene basically were the ones that when the
vans were coming in, they opened the gates and they told the officers via radio the Feds are coming in, get
out of the way. Basically, that's the message that they gave to the officers:.
Commissioner Teele: Stand down.
Chief Martinez: "Stand down" would be a better term, yes, sir.
Commissioner Regalado: There is — there was an article in this morning's paper that there were some
comments made by some police officers, and one really caught my eye, because they were talking about
the — what Mr. Wallace had said that now he has recanted and whatever, he has apologized. But there is a
quote from Bobby Navarro, President of the Hispanic Officers Association. Is Mr. Navarro the Sergeant
of arms of the Mayor?
Chief Martinez: Yes, sir, he is.
Commissioner Regalado: Mr. Navarro said it is sad that they would even say something like that,
especially when they rely heavily on the Miami Police Department for information. Did Officer Navarro
was into the operation? I mean, did he had any input into the operation, intelligence -gathering? Or does
he know that the Police Department to INS (Immigration and. Naturalization Services)?
Chief Martinez: OK. I'm not sure where he knows or doesn't know. I can tell you the information I've
gotten so far. Officer Navarro had no contact whatsoever, no input whatsoever, as far as the operation at
Elian's house.
Commissioner Regalado: Why would he say this? I mean, you cannot speak for him, but is he an active -
- Is he getting paid by the Police Department or by the Mayor's Office?
Chief Martinez: Mr. Commissioner, I'm not sure if there is a reimbursement for the sergeant of arms
position. I'm not certain of that. Maybe Bertha can shed some light on this..
Commissioner Regalado: The Mayor, the Mayor.has — the Mayor has two police officers assigned to his
office, Mr. Tony Muir and Mr. Bobby Navarro. They both are being paid by the Mayor's budget or by the
Police budget?
Chief Martinez: I've just been told, Mr. Commissioner, by Bertha Henry. that the dollars for Sergeant
Navarro — I mean, I'm sorry — for Officer Navarro are coming from the Police Department's budget.
Commissioner Regalado: From the Police Department?
Chief Martinez: Yes, sir.
Commissioner Regalado: And Mr. Tony Muir?
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Chief Martinez: Him, too, sir.
Commissioner Regalado: So the sergeant of arms of the Mayor is being paid by the Police Department?
Chief Martinez: Yes, sir.
Commissioner Teele: Commissioner Regalado -- Mr. Attorney, you know, this is very important. And I
heard Commissioner Winton this morning. I listen very closely to everything my colleague says. What
Washington does and what happens in the other 50 States and the other 800 or so major cities in America,
I really do think matters. I really do. I think Miami is a mega -trend City, and what happens in Miami —
I've been to Managua. I've sat with the mayor of Managua who is now the President. And people follow
and replicate what happens in Miami more than any other city in the world today. It's really important
that we stop before it gets out of hand creating these only -in -Miami governmental processes. There's no
such thing as a sergeant at arms for the Mayor in an executive form of government. The sergeant at arms
is a function of a legislative body. This City, unfortunately, doesn't have a sergeant at arms. It should
have had a sergeant at arms a long time ago, and we'd have a lot different decorum in this Commission
chambers. But if you read from Roberts Rules of Order, Reed's Rules of Order, if you read from every
legislative or parliamentary book, Mayors don't have sergeants at arms. That is something when -- You
know, you watch the State of the Union, when the guy says, Mr. Speaker, the President of the United
States, that's the sergeant at arms. OK? The doorkeeper: That's — he's not the President's sergeant at
arms. He's not in the Whitehouse. He's in the House of Representatives. Sergeants at arms are not
something that go with mayors. They're something that go with legislative bodies. And we need to begin
to clean up this "only -in -Miami" foolishness that we're creating, because we really are creating some kind
of government that people are laughing at. The Mayor, in my judgment, on the point, like every other
mayor, is entitled to executive or mayoral security detachment. I think if it's .two people; it's fine. It
should be a part of the Police budget in my opinion. It's a policy decision that only -the Commission can
make. But I think if you look, and I ask you, Mr. Martinez, if you go look at Atlanta, if you go look at
Orlando, if you go look at New Orleans. or Washington, D.C., every mayor in this country has mayoral
security. They're uniformed police. They're normally paid out of the police budget. And we ought to
look at that. We really ought to look at that. And I think what you're going to find is that Joe Carollo
probably has about one third of the security that most other cities have, and probably about one one-
hundredth of what he really should have in his case. But the fact of the matter is, is that I don't want to — I
mean, and if you all want to vote on it, I'm willing to vote on it, one way or the other. I don't mean today.
But I think the Mayor, as the Mayor, whoever the Mayor is, is entitled to have a certain police presence.
Dignitaries come here. They expect for the Mayor to have that. They expect for the Mayor to have
someone to meet them at the airport. Just like when dignitaries come here to meet with Commissioners,
like Commissioner Winton is working on the NAP (Network Area Point) thing, there should be a sergeant
at arms for this Commission and for, this — for the representatives of the City that are coming here to meet
with City officials on official business. And so I don't mean to dispute anything that you're saying on the
issue. But this reference to the Mayor's sergeant at arms — when you had a different kind of Government,
that was fine.
Vice Chairman Gort: I have a question, though. I have never been under the impression that it was the
Mayor's sergeant at arms. My impression was that this was security provided for the Mayor's Office, like
it was in the past. I don't know where we got the "Sergeant at Arms" from.
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Commissioner Teele: Well, the Mayor refers to the sergeant of arms, first of all.
Commissioner Regalado: Right. That's what I — that's why I referred to it.
Commissioner Teele: Mayor Carollo refers to his sergeant at arms:
Commissioner Regalado: Because he does call his security detail. But that's — whoever pays for it is not
the point. My initial point was that I was surprised that the person that works for the Mayor and not as an
active police officer gets involved in this quoting, of saying that the Miami Police Department gave
intelligence and information to INS. And this is why I was asking, you know, what if the role. Does — is
he — is he a part-timer with SIS (Special Investigations Section), or is he a —
Chief Martinez: No, sir. He's detached to the Mayor's office, and he is a full-time police officer. He
reports directly to the Chief's Office, you know. In the chain of command, he reports directly to the
Chief's Office. That is the chain of command. I can't answer what his thoughts were or that — the only I
can say is that he was not involved in that operation at all as far as I have been able to uncover.
Commissioner Regalado: Well, Fin glad to hear that, Chief. But I was, you know, surprised that he
would be talking about whatever intelligence operation the Miami Police Department with the INS, and
this is — this was my first question.
Commissioner Teele: On the question, does he report to the Chief's Office?
Chief Martinez: Yes, sir.
Commissioner Teele: I read the story, too. Would you inquire of him, one if it's his procedure or, his
view of his job that he should be making any comments to the press? And number two, whether or not the
individual involved actually has discussed internal police issues with the, press from that portfolio. I
mean, I think the Mayor is entitled to a supportive security, but I don't think he's entitled to a police that's
a spokesperson, or, for that matter, a source of information on behalf the Police Department.
Chief Martinez: And Commissioner, the way I took the article — maybe I took it a different way — 1
believe he was speaking as the President of the Hispanic Officers Association in making that statement as
his position.
Vice Chairman Gort: That was my understanding.
Commissioner Regalado: Oh, that's true. He was speaking as the President of the.Hispanic — but he was
saying that the Police Department was giving information to INS., And, you know, I — Mr. Rodriguez did
make some comments about the image. And, you know, he defended the force, which is his job. But he
didn't went into, you know,. like, hey, we had four police officers in one van, or something like that. And
this is why this it really — I was troubled by this,' because why would he be aware if there was any
intelligence -gathering by the Miami Police Department and given to INS? And this is why. Chief, I have
— when Commissioner Teele asked you to be here, I was very happy, because I think that the people of
Miami really deserve to know, and I, myself really would like to know some answers, is you have it. Or if
not, your ideas of how can. we get those answers. Recently, the City Attorney gave us copies of some of
the memos that Mr. Warshaw — and the notes that Mr. Warshaw took, allegedly, after conversations with
184 6/8/00
the Mayor regarding people, Commissioners and people. My name is on several of those notes. My first
question is — because I had heard this in '96 when I came to the City as an elected official — does the
Police Department investigate their own in - terms of if there - if there . is a question about an elected
official? Does the Police Department investigate, or they pass this on to other bodies?
Chief Martinez: Commissioner, the police of the Miami Police Department has been for many years — and
a good example is the Unisys case — whenever we receive information about elected officials we take that
information to either the Federal authorities or the State and — because you can't win or you can't — you
know, all you. can do is lose in that type of investigation. We immediately hand -carry that information to
either the FBI (Federal Bureau of Investigation), (inaudible) Attorney's Office, State Attorney's Office or
FDLE (Federal Department of Law Enforcement), and allow them to do.the investigation. They may call
us back and ask information, how to get the records. Well, basically, we send off that investigation to
another agency who can better look at it from the outside.
Commissioner Regalado: So if the Police Department — if a police officer were to be following an elected
official, that probably would not be illegal, but it would have broken the rules of the Police Department?
Chief Martinez: I can tell you, Commissioner,, it would be breaking the policy of the Police Department.
And don't forget, I've been there for about five weeks. And I've made it a very strong point to go through
all the units that could do this and remind them that we don't do that, that we should have never done that.
I don't think we have ever done that, but if it ever crossed anybody's mind that they could do that, that is
the quickest way to find the way out the door from the Police Department.
Commissioner Regalado: You just said that you don't think that the police ever do that. .
Chief Martinez: Commissioner, I — first of all, I was gone for 18 months. All the information I've gotten
is that we haven't done that. I have worked in that unit myself, personally.
Commissioner Regalado: Hey, I'm your fan, OK?
Chief Martinez: I know, sir.
Commissioner Regalado: But, Raul, this — I'm — I was troubled on these notes or memos for many
reasons. And we have to -- Can — I don't know if this is a question for the City Attorney, or yourself or
the City Manager. Is it legal for a police officer to follow a citizen, or an elected official or a resident of
the City, or place or intend to place listening devices in one's property without a court order, without a
warrant? Is that legal?
Chief Martinez: No, sir. There's a State requirement and there's a Federal requirement, you know, that
monitors police conduct as far as what you need to have in order to install either a monitoring device or to
install a following device, and there's certain probable cause or reasonable suspicions you've got to have.
And most of them require approval by a judge, either a State judge or Federal judge to .install that type of
equipment. And maybe Alex can shed more light than me.
Alejandro Vilarello (City. Attorney): That's correct.
185 6/8/00
Commissioner Regalado: So —
Mr. Vilarello:. A warrant must be issued, and the warrant must be approved by a Federal or State court
judge.
Commissioner Regalado: So if anybody did that, Alex, if anybody.did that, would that be illegal?
Mr. Vilarello: It would not — it would be. unlawful for that to take place. That's correct. You cannot, you
cannot connect a device, which assists in the — following someone or a listening device without a court —
without a warrant.
Commissioner Regalado: So that would be illegal? That would be committing a crime, no? It would be
only bending the law?
Mr. Vilarello: No. Without a warrant, it would be — it could be a violation of someone's civil rights.
Commissioner Regalado: Civil rights.
Mr. Vilarello: And whether it's specifically a violation of law, I don't know.
Commissioner Regalado: Civil rights.
Mr. Gimenez: Commissioner, if I may?
Chief Martinez: It is.
Mr. Gimenez: I've had conversations with the Police Chief about this subject, and it's my direction that
we are going to be meeting with the FDLE and making sure that any kind of investigations or any kind of
allegations against any — dealing with corruption in the City is investigated by an outside agency and not
by members of the Police Department. I think there's a lot of room for — if it was happening, there's a lot
of room for abuse and that's something that I do not want to see in this Administration. So the Police
Chief and I have got a meeting I believe — tomorrow?
Chief Martinez: Tomorrow.
Mr. Gimenez: -- tomorrow with the Director of FDLE, and that is the issue that we're going to be talking
about, to make sure that this does not happen in the City of Miami.
Chief Martinez: And Commissioner, if I may add, because, again, up until today, I have never seen those
notes before. I was given the notes maybe at 12:00 or 12:30, and I glanced at them as you know, for the
last couple of hours. All those newspaper articles have bothered me a lot, you know, but I have made it a
point, I have reached out to the ex -City Manager, Mr. Warshaw. I have reached out to the ex -Chief of
Police, Mr. Bill O'Brien. I have reached out to all of the people that may have been involved in this type
of thing. And they all basically tell me the same thing, you know. If those conversations happened -- and
I have no idea of whether those statements did occur or did not occur it never made it back to the Police
Department for the Police Department to take any action, to follow anybody, to put bugs on anybody, so
186 6/8/00
on and so forth. I have asked individuals, called them into my office and says: Did we ever do any of
this? You know, and the answer is: Of course not. We don't do that. I've attended meetings with the
two units that could do this, Special Investigations Section and Internal Affairs. They're the ones that
handle sensitive types of investigations. And I've spoken from the secretary to the person in charge and
told them basically: Have we done this? And the answer is: No. And the thing is, we don't do those type
of things. So I've done as much as I can. If there is anything else I need to do, I'll do more, you know, to
make sure that none of those things happen.
Mr. Gimenez: Something else. I've talked about allegations coming, from the outside or the inside about
public corruption will be investigated outside. I've also made it very clear to the Police Chief that any
self -initiated investigations by the Police Department, if he finds out about it, is to be dealt with in the
harshest terms.
Commissioner Regalado: Mr. City Attorney, those are just some of the memos or notes that Mr. Warshaw
allegedly wrote after conversations with, the Mayor? Are they all of them or some of them?
Mr. Vilarello: Commissioner, in response to the public, records lawsuit filed by the Miami Herald, Donald
Warshaw produced for the Judge to review a stack of documents which is probably twice the size of what
was actually released by the judge. So there are other notes that only the judge has reviewed, besides Mr.
Warshaw, or course.
Commissioner Regalado: Why is it that they do not release those?
Mr. Vilarello:. The judge found after reviewing those notes that they were personal and not related to
public business.
Commissioner Regalado: Mr. Chief of Police, have you seen other memos other than — or notes, copies of
notes other than those released by the judge?
Chief Martinez: In reference to this issue, the answer is —
Commissioner Regalado: In reference to this.
Chief Martinez: -- no. No, no. The only ones I've seen are. the ones — in fact, I saw a copy of it for the
first time today at 12:00, 12:30 in the afternoon.
Commissioner Regalado: I have some questions in terms of my name, for instance. You see my name
several times, and my family. -Mr. City Attorney, if those conversations really took place, say that maybe
the police didn't follow up, maybe. I don't know. But would that be a violation of civil rights, the order,
or the suggestion or the intent to investigate members of my family or myself?
Mr. Vilarello: Commissioner, of course, this is all qualified by the fact that these are notes written down
by Don Warshaw. And whether those conversations actually took place —
Commissioner Regalado: I'm saying if —
187 6/8/00
Mr. Vilarello: -- or not, we don't know. However, the conversation in and of itself doesn't appear to be
actionable. If the listening device had been placed on — in — without a search warrant being issued, then
you might have a violation. But certainly, the conversation by itself might— is probably not actionable.
Commissioner Regalado: So if; for instance, if any video or sound was recorded, or any proof that people
were followed, that would be a violation of their civil rights?
Mr. Vilarello: Well, we're mixing issues here. One, the first issue was whether or not a device would be
placed on a vehicle to allow someone to be followed, or a listening device be placed in a vehicle or a
home. That's one issue, and that's, I think, what the Chief was referring to. If you're in the public
domain, video without sound may very well be taken of you without it violating any law. In this State, it's
against the law to record your conversation without your knowledge. .
Commissioner Regalado: OK. I don't have more questions for now.
Commissioner Teele: Hold on. Hold on. Hold on.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Mr. Chairman, thank you very. much. This issue is really a grave issue. And it's
one that I ' don't think should , be taken lightly. And' to be very candid with you, when this thing first
occurred, when I got the notes, I thought it was very funny, and I laughed about it. And then when I
started beginning to understand the implications, if true, I became really very sad for this City. About two
days later, I really became very angry. And I'm very, very angry about the potential of this. 'I don't think
there is any secret that as long as 25 years ago, there was a Manager who supposedly used the Police
Department aggressively to keep information on Commissioners a la J.. Edgar Hoover type of thing, you
know. But in some ways, .the era of J. Edgar Hoover was one of the darkest spots in our history as a
nation. And one of the things that we've tried to do as a country is learn from that. I mean, today, a J.
Edgar Hoover or a CIA (Central Intelligence Agency) Director cannot do those things. Not only are they
prohibited; there are criminal sanctions against it. And that's part of learning from our mistakes and
growing as a nation, a young country that we are. I have a hard time, in all candor, believing that Mayor
Carollo would have ordered the kinds of conduct that are written on that paper. And I have an equally
hard time believing that Donald Warshaw, as a professional, as a sworn law enforcement officer would
fabricate such a bizarre and perverted, cruel hoax upon democracy as we know it in this country. I mean,
anyone who would have ordered. that, if true, is, indeed, a very sick, sick individual, and they should go
right down beside Idi Amin, and Fidel Castro and Adolf Hitler as a person who has perverted a
governmental process and a governmental structure. And I.'m not suggesting — because I don't know the
truth. I'm prefacing by saying I don't know the truth. One thing I'm very interested in finding out is whai
is the truth. If I were the Chief of Police and these allegations were about my men and women, I'd want
to know the truth. I respect you, Chief. I wouldn't characterize myself publicly as a fan of yours. That
reminds me of something Claude Pepper once told me which I won't get into now, but do you want to
know the truth?
Chief Martinez: Yes; sir.
188 6/8/00
•
•
Commissioner Teele: Have you taken any reasonable, normal, prudent steps to'ascertain the truth? Have
you asked the police officers that worked in SSI (sic) to come in and swear, and sign an affidavit that they
know nothing about this or that they were not a part of this? Because, I mean, I don't really want to get
into more "he said/she said." The question is, has anybody been asked to make an affidavit or to submit to
a polygraph on this issue?
Chief Martinez: Commissioner, to answer the question of the polygraph and affidavit, it is no. But I can
tell you what I've done. And if I have to do more —
Commissioner Teele: I don't want to question what you've done. And I — but I do want to know within
my — I want to have a sense of comfort that I either am going to wind up respecting you as a Police Chief
or I'm not going to respect you as a Police Chief And that's my,personal right and my right as an official.
BecauseI believe that if this kind of conduct were being perpetrated by the Federal Government against
you, and your wife and your family that you would be personally upset, and you would do everything that
you could within your power to ascertain the truth. So all I'm asking you to do is put yourself in the
position of Commissioner Regalado. Put yourself in the position of others that have been put in this
position and do the job. Now, anybody is going to come in and tell you, you know, what they think. But I
think everybody is going to think, long and hard before they raise their right hand and make a statement
under oath. And I think anything short of having a serious internal investigation to determine whether or
not any of the City of — because the Police Department is tarnished by this allegation. This isn't about
Carollo and Warshaw anymore. This is about the Police Department. And we either are going to all be
looking around the corner and not knowing whether the police officer is our friend or our foe, or we're
going to have a sense of confidence. And right now, I don't think anybody involved in this knows,
particularly given these rumors and these allegations about the City of Miami Police Department. And
I'm asking you to take under advisement whether or not you should launch .a full-scale investigation
internally, starting with people making sworn statements. Because, see, everybody knows more people go
to jail about lying under oath than about committing a crime. Bill Clinton's problem was not about what
he did. It wasn't what was done, but it was about the misrepresentation about that. So I would ask you to
take under advisement, going through this will all of the police that have been in SSI (sic) that have been
involved in this over the period of time in question and asking them to make at least a sworn statement, so
we know where to begin, and to clear the image and the reputation of the Department. Now, there are
some rogue police officers, like there are with Special Forces, like there are with Fire Departments or
Navy Seal Units, whatever, whatever, whatever. There's always one or two that never get the message.
You can't be responsible. But the Department should have a policy. Second point. Is there a written
procedure internally that condemns or that sanctions or prohibits the type of action that you said — you've
said that nobody can do? And can you provide us with copies of that kind of internal memorandums, and
what are the sanctions? Are the sanctions removal from the Police Department? And will you consider a
review of those internal procedures, and the requirement that everyone.be required to acknowledge receipt
of them, including if they have any knowledge of any action that has happened during the statute of
limitations, which is — what's the statute of limitations? About five years?
Chief Martinez: For a police officer, it's two years after they leave office. So it's forever —
Commissioner Teele: No. I'm talking about the statute of limitations for a crime that they may have
committed.
189 6/8/00
Chief Martinez: For a police officer, you're liable until after you leave the force, two years after.
Commissioner Teele: Well, I mean, but I'd like to know if anyone knows of any crimes, and if there is a
process to do that. I mean we — I would much rather do this internally, because I can tell you right now,
Mr. Manager, Mr. Chief, if the City doesn't clean itself up, I'm going to be one of the main people asking
for an outside investigation on this issue. This is not the end. Because I think the worst part of all of this
and the part that really does = if true. And I'm going to say this, if true, and I know it's going to be
repeated a hundred different ways other than the way I said it, but I'm prepared to take that. If true,
somebody was trying to turn this town into a banana.republic, because what bothers me most is the attack
on an institution like the press. The press has been the one thing that has made America different from
every other country in the world, including France and England. You know, in England, you still can't
write unfavorable things, to some extent, about Her Majesty. And in Spain, they absolutely will lock you
up for doing it. And these are all democracies. But we in America have a different type of democracy. In
Spain, if you say something — it is still a crime to speak against the King or the royal family in Spain. But
we have a different kind of democracy in America. And one of the guardians of that democracy is the
institution of the press. To purport — I mean, I feel the same way about The Herald sometimes as
purportedly the Mayor was feeling. I don't know that he did that. But to attack the press by trying to get
information on them — on the publisher? On editors? On reporters? And even the Miami Daily Business
Review? That's not about the Miami Herald. That is an attack on the institution that is the cornerstone of
our government's freedom in the United States. It's different from England. It's different from France.
It's different from Spain. And it's certainly different from Nicaragua, or. Uganda or Haiti. We are at the
apex of civilization. And that kind of conduct from the largest City — purportedly from the largest City in
the State, the crossroads of this hemisphere is reprehensible. It is absolutely depraved. It is a perverted
mind that would do that. But don't you feel some sense that you want to clear your Department from this?
I mean, do you all want to be questioned? Because unless you get the question answered, as I said before,
unless you get the skunk on the table, the odor is going to stay right in the room.
Chief Martinez: And Commissioner, let me say a couple things. First of all, there is also an outside
investigation being conducted by the Statewide Prosecutor or State -appointed Prosecutor that's looking, I
hope, at all these issues. But just even if they are. not — let's assume that they are not.
Commissioner Teele: Then let. me ask you this, Mr. Attorney. Can you prepare a resolution from us
endorsing and. asking the. Statewide Prosecutor, the Governor and the Statewide Prosecutor to look into
this matter here today, so that we can go ahead and at least go on record as saying we want to be looked
at?
Mr. Vilarello: As to whether or not the Police Department participated in such actions?
Commissioner Teele: Exactly. As to whether or not the Police Department, or the Manager or Mayor at
that point in time, or any other person acting under color of law.
Chief Martinez: And Commissioner, to continue. Again, I, like you; do not know whether those
conversations actually did occur or did not occur. But if they did occur, they are.not acceptable. I mean,
I'll do whatever it takes to make sure, to remove any doubt that the Police Department was not involved in
any of those issues. And I'll take whatever steps are necessary, whether —
190 6/8/00
Commissioner Teele: Is Donald Warshaw still a sworn officer in the State of Florida?
Chief Martinez: I believe Don Warshaw is a reserve officer under the State of Florida, if I'm not
mistaken.
Commissioner Teele: He's still a sworn officer, then?
Chief Martinez: Yes, sir.
Commissioner Teele: He still has a badge and a gun?
Chief Martinez: I don't think —
Commissioner Teele: I mean, he's still .authorized.
Chief Martinez: I don't think he has a badge. I think he purchased — you know, when you retire, you can
purchase your weapon and the Police Department gives you a weapon in your retirement. He probably
has those weapons. I do not think —
Commissioner Teele: Would you consider making available to Mr. Warshaw, who is retired and receiving
well over — what? How much is he getting a year? A hundred twenty, a hundred thirty in retirement?
Chief Martinez: I don't know, sir. I don't know.
Commissioner Teele: Would you consider making a — since everybody is talking about O.J. and
everybody is talking about who said what under polygraph, would you consider making available a
polygraph for him so that he may help? I mean, you know, you got two people saying it's true or not true.
If one of them would agree to a polygraph, and if you all would administer one, he's still a sworn officer.
I mean, I think we need to try to clear the smoke, clear the air here. And I think this is not a funny matter,
it's not a joking matter. This is a matter of grave — of grave seriousness in this setting. Would you
consider making a polygraph operation available and administered so that Don Warshaw, the truthfulness
— in that the Judge has ruled that these are official records?
Chief Martinez: Mr. Commissioner, I'll consider doing whatever it takes to clear the name of the Miami
Police Department. I would not want to — I would not want to interfere —
Commissioner Teele: I'm not asking you to Igo to Don or to order him. But I mean, he's obviously
available to watch, to witness the proceedings here. And if he'd like to volunteer and come down and take
a lie detector, polygraph, I'm sure you'd coordinate with the State's Attorney, and the U.S. Attorney and
the FBI, and let's see. Because, you know, I think Don Warshaw owes it more so than ,anybody else to
assist in clearing the air. And I think it would be very helpful if he would volunteer and have a nice
polygraph and — and he either would pass it orfail it or, it would be inconclusive, one of the three. But I
think that would go a long way in determining where the fault lies here, and where the — what the
responsibilities are. So you would be open on that?
191 6/8/00
Chief Martinez: Yes, sir. The only thing that I would caution is that there is an ongoing Statewide
investigation going on, that we want to make sure we don't get in the middle of that.
Commissioner Teele: I want to ask the City Attorney. I'm really troubled by the position, the legal
position of the City of Miami. And I listened to Commissioner Regalado about why aren't all the records
released. Why should the Commission — why should the City take the position that those records should
not be released, the remaining records?
Mr. Vilarello: Well, we didn't. take that position, Commissioner. We took the position that any public
records should be released. There are records which may not be public, and that's — that was for the Court
to determine in camera.
Commissioner Teele: But the Court — why did the press say that the judge overruled you on the ones that
they released?
Mr. Vilarello: Of the records that were released, there were a series of records, which I refer to as a
grocery list. It was just a series of names. It didn't appear to be connected to any other document or piece
'of paper. And it seemed — and at that point, I had seen those. And the judge had released all of — was
going to release all of those records.
Commissioner Teele: Have you seen any of the other documents?
Mr. Vilarello: No. They're here. The judge ultimately released those documents.
Commissioner Teele: But what I'm saying is, how could you object to something you haven't seen?
Mr. Vilarello: I saw them at the time that she indicated her preliminary ruling was to release that. And all
I did was to express to the judge that those appeared to be different in form. And all the judge did was
separate those documents for the purposes of identification.
Commissioner Teele: Would you consider and take —
Mr. Vilarello: Remember, they were sealed until Monday at noon.
Commissioner Teele: Would you consider and take under advisement at the next meeting a resolution that
would instruct you to go to court and to withdraw any waiver of privacy or any other right, and to urge the
court to release all of the documents, whether they're public or private, in the best interest of the public? I
mean, you know; when you have an attack on the institution of government itself, there are some rights
that are a little bit more than the Charter and the State law and whatever. I think we need to get all of this
stuff out in the open.
Mr. Vilarello: The judge released all of the documents, which she reviewed, and determined were public
records. There was no objection that she sustained.
Commissioner Teele: How many pages did she release, about? Forty?
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Commissioner Regalado: Thirty, 30.
Commissioner Teele: Thirty?
Mr. Vilarello: I'd say about 30 pages.
Commissioner Teele: About how many more pages are there?
Mr. Vilarello: I would say there.was an equal number, maybe a little bit less. Now, those are records that
she reviewed in camera.
Commissioner Teele: Well, let me ask you this: Could you think we could go to Don and get a licensing
agreement and print the — and try to, you know, as a way to help save money, we could print the, you
know, the real story of the City of Miami and maybe get the movie rights and -- Well, I mean, you know,
obviously, I don't want this to be too serious. But the fact of the matter is, is that this is only hurting the
institution of government. I want to publicly announce my retreat from all public positions that I've taken
previously. I will not support Charter changes to the Charter of the City in September or in the
foreseeable future, November, relating to a strong Mayor form of government until it's very clear that this
community has matured to the point that we understand the framework by which — and I'm not accusing
Mayor Carollo or Don Warshaw. I'm really undecided as to who to believe. But the charges themselves
are so serious that I don't think we could ever trust ourselves in this community. We're not mature
enough yet. And I think one of the things that we need to focus on are ways to build the institution, to
protect us from ourselves. I think the Manager and the Police Chief, in particular, Chief Martinez, you.
need to look at ways we can strengthen the Police Department's internal procedures and processes. I think
we need to look at ways to create people who can say no to you, the Chief — not you personally, but
whoever the Chief is, based upon something that is just fundamentally not right. When you've got the
entire command up there, all of them say, yes, sir, every meeting. Well, most of them do. But every one
of them can be removed. When you have a staff meeting, everybody in that room can be removed by a
whim.
Chief Martinez: No, sir. No, sir. There are captains also on the staff that can't be removed.
Commissioner Teele: OK.. Well, with the exception of Captains. With the exception; everybody — but
the senior command is generally at the majors and assistant chiefs and above. And let's be fair about this.
And the fact is this: We need to have some career or, persons within the governmental processes,
particularly in the Police Department, that have the right to say no, sir, and not be fearful that they're
going to get demoted, or they're going to get reassigned. And I think that's one of the challenges that we
have. We've got to come in with safeguards for our own form of government, to protect it against
ourselves. And I'm not condemning Donald Warshaw, nor am I condemning Mayor Carollo. I want to
believe one of them. I just want to know which one.
Commissioner Regalado: Just to recap, I guess. I'm — you know, I should be more concerned with the
fact that those notes, it's sad that they should investigate who pays the tuition of my daughter at the
university, which I — you know, I agree with Commissioner Teele. I mean, it's so bizarre that you have to
have really an imagination to come up with these issues. But in order to recap, do you know, Chief, if the
special prosecutor has, or will, or intends to subpoena members of the Police Department, or records, or
193 6/8/00
would that be a part of the investigation? Have you been contacted by the Special prosecutor? Has he.
started his work yet?
Mr. Vilarello: Commissioner, the Governor has appointed the special prosecutor to look into the matter.
Even if the Chief knew of the nature and the method of the investigation, I think it would be inappropriate
for him to comment. But the — but I —
Commissioner Regalado: Well, then let's rephrase. If the special prosecutor were not to go into the
Police Department; you still would do your internal investigation on this issue, the same issue.by having
people give sworn testimony? That is your intent?
Chief Martinez: If the matter is not clarified bythe special prosecutor's investigation, I'll do whatever it
takes to make sure that not just in the minds of this Commission, but in the minds of this community that
we can prove that no police officer was involved in any of these type of activities.
Commissioner Regalado: OK. And on the other issue, you'll be asking the President of the Hispanic
Officers Association about his quote of intelligence gathering by the Police Department on .the Elian
Gonzalez case. Mr. Bobby Navarro, who is the security detail of the Mayor.
Chief Martinez: I'm sorry, Commissioner. I don't understand the question.
Commissioner Regalado: You. will be asking him about his quote. Maybe he was misquoted or maybe he
didn't mean that, or maybe he knew that the Police Department was gathering information and passing it
on to INS. And the reason I ask is because he works full-time as a security detail, not as a sergeant of
aims — correction — to the Mayor. That's why I'm asking.
Chief Martinez: We will ask the questions from Mr. — from Officer Navarro.'
Vice Chairman Gort: OK. Let -- Those of us who have been here for a long time are.very much aware
there was, about 20, 25 years ago, there was a.City Manager that would do something very similar to
what's being alleged. And the reason that he used this information is to be able to get what he..wanted. I
think it's very important the message you send out that if anyone sees anything that's being misconducted
or doing wrong, it should be reported immediately, because I think that's the duty of all of us. And that
article that came out today, I was embarrassed and I felt bad, because when I was in the Army, I was
taught to respect the uniform, no matter who is behind that uniform, their colors or their belief And I
think the Miami police officers have done a terrific and tremendous job in the City of Miami working with
the citizens, with all of us to really bring crime down and to make an example of the (inaudible). Due to
the City's patrol, and we're being duplicated al over the country for the work that we do in here. And my,
understanding is when you become a police officer, you become a sworn officer. And when you. take that
oath, there's certain commitments that we make. And I'm sure that our police officers do comply with
that. And I want to make sure that a message is sent out. And I was not at the press conference, so I have
not heard of the press conference, what took place at the press conference. But I hope the reason that they
didn't trust the police officers or the uniform, it was not because most of them were Hispanics. So I hope
that was not the reason why those statements were made. Because I always have been taught to respect
that uniform, and I think that's what we have to look at.
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Chief Martinez: And Commissioner, let me say as far as the INS after --action report, I was very angry
when I first read it. I didn't want to react immediately, because sometimes, you react, and you say things
that come from — not from the mind — it comes from the heart. I did speak to the people from INS this
morning. We had several conversations. They apologized profusely. They apologized that the memo was
written in a way that could be misinterpreted. Basically, what they were claiming incidents were, we had
for five months police officers around Elian's house, and that we sent in undercover Federal agents and
our police officers doing their job would challenge anybody. Like : we challenge. the media, like we
challenge anybody walking around and saying can I help you? What are you doing here? So on and so
forth. So that was the police officers' interfering. The police officers had no idea who they were talking
to, had no idea today who they spoke to a couple months ago, so on and so forth. So those were basically
the assessment that they engaged, our police officers doing their job, manning barricades, preventing
people from getting — parking in front of the house for whatever reason. That is what they spoke about.
They have apologized profusely. They had a press conference, even though I couldn't go, neither, because
I was coming to the Commission. People from the media, they have told me; they are saying that it was
very clear, that they made the point. And they have a press release that they have sent out, and I have a
copy of it, that they are saying they have 100 percent confidence in Miami Police Department. They have
told me verbally if there is anything else that they need to do to send a message to the Police Department,
to this community that they have full confidence in the. Miami Police Department and that those
statements are not at all a picture of the Miami Police Department, they are willing to do that.
Vice Chairman Gort: I'm aware of that. I know that, because I've talked to other departments, and they
speak very highly of the cooperation they received from the City of Miami Police. But at. the .same time—
and I told Chief O'Brien when he was here, and I told him the only thing I felt bad about is that we, the
public and the police officers themselves were not informed that if requested by the Federal Government
to assist that we would have to do so. I mean, we allowed the Mayor -- and some of us believed that the
City of Miami would not have any participation at all. And. we all know that a sworn officer, if you are
requested to perform a duty by a higher authority, you have to do it. So I think if in the future, anything
that takes place, I don't want to know the date, the time or anything, but at least I want people to know
that if we have to take participation, we have to cooperate, we have to do it, because that's the duty of
sworn officers. And I think this is what we needed. This is, I think, where I believe we made a mistake. I
think the Chief should have told us and told the public and the Mayor, because he allowed the Mayor to go
out and put himself in the line, saying we were not going to participate, to go through that, what we went
through. And I think that was the biggest problem that we've had. Now, let me tell you a little something
now. When I first was here and people started moving in the area called the Little Havana area, we were a
nickname, the "Little Havana." It was nicknamed by the New York Times, because all the Cubans moved
to within that area. But we took advantage of that name, and we tried to create a tourist attraction. We
created quite a few events. The Latin Quarter and a lot of things are coming back right now. We've all
seen the changes that have taken place in that area, and through all the neighborhoods in the City. Now
we're being nicknamed the "Banana Republic." But let me tell you something. I believe that history will
show that these Commissioners and what we have done here, the history will show that we have come a
long way, and we have done a lot to repair a lot of the damage that we had received. OK?
Chief Martinez: And Commissioner, let me say, as to your first statement, you know, of course, I can't
speak for the previous Chief. But, you know, he did what he felt he had to do. But I can tell you that, you
know, in the preparations for the Appellate Court decision coming out, which came out, you know, a few
days ago, I made it a point to meet with a lot of the leaders, and not just the Hispanic leadership, but with
195 6/8/00
the entire community. And I was very clear on what was acceptable, what was not acceptable, what we
would put up with, what we would not put up with, and how — what people were going to go to jail for,
and what you could do. You could waive the flag all you want to, you can honk the horn. But .if you
block the street, if you throw rocks and bottles; you're going to go to jail. And it's very clear. I'm a great
believer, just like you are, in telling the people the rules of the game, and.you told them beforehand. And
later on, I'm going to tell them, I told you so, I warned you before. Three strikes, you're out.
Commissioner Teele: Commissioner Gort, I'd like, seriously, to commend you for the statement that you
just made, because I really do think when we had the public hearing here right after the Elian matter, it
was very clear that the vast majority of the Cuban citizens of this community were misled.They were
misled by our failure to speak and inform them, and quite candidly; others that were speaking and
basically giving an impression that something would happen. And I don't want to put all of that on you.
The Manager is the person who we pay to keep the record straight and to keep things straight. And really,
the Manager has a unique responsibility in this form of government as we have it now. And I would hope
that if there is ever a situation that requires for the record to be put straight - you know, it's not apolitical
issue out there. It's about us having credibility — that we would do that. I thought though, Willy, you
know, I've given this a lot of thought. I really do think, and I've been hesitant to say it, but I really do
think that the greatest tourist attraction we could have in the downtown redevelopment area is to have an
absolute opportunity for tourists to come by and — you know, like up in (unintelligible), pick oranges.
And if we could grow them, it'll be a hell of a sellout. I mean, we'd have people in line, you know. But
as Mayor Carollo is quick to say, we grow no bananas here in Miami. And it can be interpreted as being a
racial slur or, an ethnic slur. And I think that's what we have to guard against. But I will say this: An
attack on the freedom — on the institution of the press really does put us in the position of not being a
racist, when you say that is an effort to turn this into a banana republic. So I think
Vice Chairman Gort: Well, let me tell you, there's a product called Banana Republic that's very, very
successful, and they're making millions and millions of dollars, let me tell you. OK?
Commissioner Teele: Billions of dollars. Moved their corporate headquarters here.
Vice Chairman Gort: So thank you, Chief. Any other questions?
Commissioner Regalado: Well, just for the record, the first banana republic was from —'was created by
Anglos.
Commissioner Teele: By who?
Commissioner Regalado: Anglos.
Commissioner Teele: Yeah.
Commissioner Regalado: United States. I mean, people - so it's the other way around.
Commissioner Teele: Pocket items.
Vice Chairman Gort: Pockets.
196 6/8/00
Commissioner Regalado: Just one last thing. Chief, I know it's very uncomfortable, but it was necessary.
But I just wanted to say to the Manager and through him to you that what the police did when we learned
about the decision of the Appeals Board was the right thing to do. And nothing, nothing happened, and
God willing, nothing will happen if you follow that path. And I was very proud of being an elected
official of the City of Miami. I felt shame, on January the 6th and April 22nd, but I was very proud the
other day of being an elected official. And can we move the resolution? I'll move the resolution.
Commissioner Teele: Which one?
Commissioner Regalado: The one that Commissioner Teele asked the City Attorney.
Vice Chairman Gort: It's moved. Second? Second?
Commissioner Teele: Second.
Vice Chairman Gort: OK. Discussion? No? . Thank you. All in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado; who moved its adoption:
RESOLUTION NO. 00-516
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY ATTORNEY TO REQUEST THAT THE STATE SPECIAL
PROSECUTOR INITIATE AN INVESTIGATION. RELATING -TO
ALLEGATIONS THAT ANY FORMER OR PRESENT CITY
OFFICIAL, MEMBER OF THE POLICE DEPARTMENT, OR
EMPLOYEE OF THE CITY OF MIAMI PARTICIPATED IN THE
ILLEGAL SURVEILLANCE OF ANY CITY OFFICIALS OR OTHER
PERSONS.
(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: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
Commissioner Johnny Winton
197 6/8/00
55. DISCUSSIONS AND UPDATE CONCERNING THE PROGRAMMING OF CITY OF MIAMI
NET CHANNEL 9 — COMMISSION DISTRICTS PROGRAM.
Vice Chairman Gort: We have District 4. I think that this is your item, Commissioner Regalado. The
update on the program of the City of Miami Net Channel 9 and discussion about the management
agreement with the Tower Theater.
Commissioner Teele: Who? Regalado? He's not available.
Commissioner Regalado: Sorry?. OK. I'm ready.
Vice Chairman Gort: My understanding is you're going to get three hundred and fifty thousand dollars
($350,000) from your studios and so on?
Jorge Luis Hernandez (Director, Media Relations): Well, that's always good news.
Commissioner Regalado: Mr. Manager, Mr. Hernandez, I think it was on the first of April or March that
the City Commission approved the resolution asking for some kind of programming on Net 9 regarding
the District City Commissioner programs. Last May 19, I received a letter or a memo from you, Mr.
Manager, responding to my memo of April 27th asking for a timetable of the programs to highlight each
District City Commissioner. You say here that we are preparing a feasibility study for using the Manuel
Artime Center's studios for Channel 9. The Fire College expenditure is not feasible, because the building
is now undergoing major improvements. As to programming, the Director of Media Relations agrees with
your suggestion that they should follow in numeric order, beginning with District 1. Each Commissioner
should assign a person from their staff to coordinate with him and work out the details. I know that you
just go here, so it's not your fault. But let me tell you, you can tell me about delays in sidewalk repairs
and I'll believe you. You can tell me about delays in the Grove Harbor Project and I'll believe it. I'll vote
for you any time that you recommend some delay. But listen to me; don't ever tell me about delays on
taping programs, because that's what I do. So, you know, if you don't want to do it, it's fine and dandy
with me. But I think that this program should have been done by the other Manager. And I think that, you
know, we can do this without the Artime, without the Fire College. It's very easy to do it. It's just — it
needs a camera, a setting, lights and an editing room. That's it. And you can have your Mayor and
District Commissioners Program, and it's very easy. And I'll tell you how easy it is. You can film your
Commissioner maybe for ten minutes. Then you can tape some of the NET (Neighborhood Enhancement
Team) Offices that serve that district, which, by the way, some of the districts have, several offices. You
could have the Director of the NET Office talk about, you know,. what they do, and then you can have a
map of the districts, and that's it. You have half an hour.
Carlos Gimenez (City Manager): Mr. Commissioner, I thought that what you were interested in was more
like a "Q" and "A" with some kind of moderator asking you, you know, questions about what's -
Commissioner Regalado: No, no. And it's not you. I mean, the other Manager knew exactly what we
wanted, you know, to highlight the district, you know, boundaries and the Commissioners saying, you
know, this is the service that we do, this is the goal that we have, whatever. So it's very easy. But; I mean
198 6/8/00
Mr. Gimenez: Commissioner, subsequent to that memo, we've started discussions with the University of
Miami to see if they can help us in producing not only just that program, but some other programming, as
well. I will do whatever I can to, you know, put this programming, you know, and this program that you
want on as soon as possible. I cannot assure you of the quality because, frankly, a lot of our equipment is
obsolete and really, we can really using that infusion of the three hundred and fifty thousand dollars
($350,000) to upgrade the facility or the equipment and personnel.
Commissioner Regalado: Let me tell you why this is important. I mean, and people may think that this is
self-serving or politics, and it's not. We just signed or you will sign after we approve the agreement with
AT&T (American Telephone and Telegraph). We can have access to four other channels in the City of
Miami. But you know that in order to do that, we need to follow some guidelines and fill some time with
live taped programming. Computers don't qualify. Letters don't qualify. Quality is secondary to
information. If we can get another channel that we could operate, mind you, with a grant from a major
company, because we can do that within the guidelines of the AT&T agreement, for public access - and
by public access, we mean the community of Allapattah is having a town hall meeting or neighbors
meeting. They film it. We find that there is good audio, good video; we'll play it on the air. The
community of Upper East Side or Shenandoah is having a neighbors — and we can film it and we can play
it. Little Haiti, we can film it and we can.play it. They can film it and we can play it. So this is why it's
so important, the programming to fill the time on Net 9. So, you know, I think Fire College, they're
building the EOC (Emergency Operations Center). there, but still, there's no construction going on, on the
studio.
Mr. Hernandez: Yes, sir, they are, Commissioner. Jorge Luis Hernandez, Director of the Office of Media
Relations. They are doing a construction at the Fire College Building, including a new roof And they are
planning to bring the EOC operational by this summer. So probably until the month of September, we
will have continuous remodeling and construction activity at the Fire College.
Commissioner Regalado: On the studio? In the studio? In the studio?
Mr. Hernandez: Obviously, you don't do —
Commissioner Regalado: Can they — do they need to go through the studio?
Mr. Hernandez: You don't do programming while they're doing the roofing job. I mean, there are a lot of
noises, and people with hammers, and I mean there is no environment for programming at this moment
there.
Mr. Gimenez: Commissioner, you know, let us work on it and get back to you within a week with a
proposal. OK? I mean, I've got some thoughts. Maybe we can do something. It won't be extravagant,
but at least it'll put you on the air.
Vice Chairman Gort: Let me tell you all something. And Commissioner Regalado, let me interject a
minute. I don't know if all the incentives that we talked about, the NAP (Network Area. Point) that we
created, I don't think that was ever publicized by any of the news media. And unfortunately, Mr. Manager
-- and I think this is very important — news media reports when we make a mistake or when we have a
problem. They never report all the good things that we do. So Net 9 — I'm amazed and surprised at the
199 6/8/00
amount of individuals that have come up to me and talked to me and discussed issues that come up on Net
9. And I think this is the only system and method that we're going to have to bring a lot of the good
things we're doing. I mean, we just got back from a convention in Vegas where the City of Miami was
represented. We're already meeting with quite a few of those major developments,multi-national
developments. They're interested in coming to Miami. That is never publicized. All the good things that
are taking place within the City of Miami is never being publicized. And this gives an opportunity —
people only see the negative part of it. This will give us an opportunity to show the real good side on
some of the things we're accomplishing.
Mr. Gimenez: I couldn't agree with you more. It's just that the question and the problem with Net.9 has
been funding, personnel.
Vice Chairman Gort: But now we have the funding. And for personnel, if you tap FlU (Florida
International University), the Univeristy of Miami, they have many students. And I've used students in
my — I have a program that I'm going to be working on right now, and I'm going to be using interns from
the University of Miami. They do a terrific job. They're great. They can do, with a little leadership; they
can do wonders. And they're eager to do work.
Mr. Gimenez: We've already begun dialogue with them, and the initial dialogue is positive. And so that's
a relationship that I really want to build, because we can tap into -- They can use us as a venue to get the
60,000 subscribers, and we can use their talents and their energy to help us create more programming that
will highlight the good things that are happening in the City of Miami.
Vice Chairman Gort: Like the presentation by the different departments. I think it's very important that
that goes on television so people can see it, what our people are doing, what our workers are doing, and at
the same time, how to get to them. I'm sorry, Commissioner Regalado.
Commissioner Regalado: No, that's OK. That's OK. Have you heard about FCC (Federal
Communications Commission) raids on pirate TV stations and radio stations?
Mr. Gimenez: Can't say that I have.
Commissioner Regalado: OK. Well, sometimes you read in the news FCC raided a pirate radio station
and a pirate TV station. They do it from a van, you know. So I'm just saying to you, radio is one
microphone and an antenna. TV is a camera, a light and a setting, and an editing room. And, you know,
you can try to get, you know, NBC (National Broadcasting Center) to give us the studio or whatever, but
quality -- people appreciate information. And I will tell you, I hope that what we did today with AT&T
that the people of Miami are going to get a bonus, that the senior citizens from the HUD (Department of
Housing and Urban Development) buildings are going to get a 25 percent discount will be on the air by
tomorrow in Net 9. Forget about the Commissioners' program. But this is important for the people,
because these are the viewers of Net 9. And by the way, Net 9 the other day was off the air. It was taken
off the air and Sunshine Network was showing a baseball game on it.
Mr. Hernandez: That was not -- Commissioner, that was an agreement that we made with TCI (Miami
Telecommunications, Inc.), and they used the facilities of Channel 9 to broadcast that game.
200 6/8/00
• 1 0
Mr. Gimenez: They had no other channel available, and so we thought it was good for the public to watch
that game.
Commissioner Regalado: Well, I thought that my TV —
Mr. Gimenez: (Inaudible Comments).
Commissioner Regalado: Well, you know, I can sue you, because I thought that my TV was wrong, and I
kept moving the channel, and then I could have broken it.
Vice Chairman Gort: By the way, the —
Commissioner Regalado: Anyway, the other issue, Mr. Chairman.
Mr. Hernandez: Thank you, Commissioner.
Vice Chairman Gort: Thank you, sir.
Commissioner Regalado: Thank you.
201 6/8/00
56. DISCUSSION AND COMMENTS MADE BY COMMISSIONER REGALADO CONCERNING
THE MANAGEMENT, AGREEMENT AT THE TOWER THEATER, MOVIES, LIVE SHOWS.
Commissioner Regalado: The other issue is the Tower Theater, discussion about the Tower Theater. Mr.
Chairman, I, you know, I don't want to rain on anybody's parade. But I think that if. the City spent
millions of dollars of the taxpayers' money in keeping, buying, building the Tower Theater, at least we
owe to the people what we promised. I have a memory for quotes. That's what I do for a living. I can
remember quotes from several years back. And in this Commission, it was said — it was directed to the
Administration when the plans of the theater — and you can look and I will look with the City Clerk for the
minutes — that there should be movies and live shows. Now, the —
(Inaudible comment not included in the record.)
Commissioner Regalado: Huh? Movies and live shows. And the reason was that that is why it was said,
because the merchants and the residents of the area wanted to bring people to Little Havana With movies
and live shows. And the Tower was built. And what you're going to say now is that it does not have the
condition to hold live shows on the stages. But you can fix that. But that's not the point. This is worse.
That theater is not complying with the contract. The contract said that the City should have, I think, a
report of their plan for senior citizens or community events. There's also — I — there's also some kind of
interactive, sort of a interactive museum or activity, and it cannot be done, because this is — the theater
opens only at 6 p.m. Last — not this Sunday but two Sundays ago, people showed up to see the movie at 1
p.m., and nobody was there. The theater was opened at 3 o'clock, and the guy said, we open when we
have people. And they did not open until 3:15 in the afternoon. They do not participate in the different
events of the area merchants. The contract is for five years, no questions asked. I think it should be for
one year and reviewed by the Manager. The contract should say that the Cultural and Fine Arts Board and
— because this belongs to the City of Miami — and the Little Havana Committee should be heard on the
issues. I really think that it's something very wrong with the contract and with the operation of the
theater. I know what you're going to say, that you're going to talk to the people, that you are going to
specify some of the things. I don't want to take more time of my colleagues here, because it's always too
late to discuss the Commissioners issues. But I will tell you something. I'm telling you that the
merchants and the residents are not happy with what is going on around the Tower.Theater and how the
Tower Theater is being operated. The merchants, the Latin Quarter merchants are trying to talk to the
people so they can show more movies and bring more people. They are charging a lot of money. Only,
you know, the beautiful people can go there to watch those foreign movies. Senior citizens cannot and
will not pay what that movie theater costs. Residents of the area are poor. And I just have. to tell you —
and this is not your fault. This is business, not personal. But I will tell you that I know that you are going
to have the grant opening on Monday at 5:30. 1 will not participate in that, because I am not going to
celebrate a failure, and that is a failure. So, Mr. Manager, I'm sorry. I mean, you have inherited all the
past problems, and that's been going on since '84, so, you know, you were not graying, had gray hair at
that time.
Mr. Gimenez: I was graying in '84.
Commissioner Regalado: Oh, OK.
Mr. Gimenez: Not this gray though.
202 6/8/00
Commissioner Regalado: Well, OK. So what I'm saying is — what I'm saying is the contract is bad: I
don't know what the contract says. You're going to tell me that there is no facility to do live shows. I
think that if we fix the stage, we can do it. You are going to say that we are going to place some wording
in the agreement. I would read the agreement. I'm only one vote. I will try to fight to defeat the
agreement if it's not of the liking of the people of Little Havana: And they need that to survive. They
have placed all their hopes and dreams in the Tower to survive, that area did. And there is no people
going to the Tower Theater. So with that, I finish.
Commissioner Teele: All right.
Vice Chairman Gort: Thank you. Let me tell you a little something. I went inside the movie the other
day, because I haven't seen the inside til it was finished. I think it looks very nice. It's very beautiful.
The work is great. But I agree that the management of it has to be very important.
Commissioner Regalado: It has a leak. It has a leak.
Vice Chairman Gort: Well, it didn't rain while I was there, so I didn't get the leak. But I think
Commissioner Regalado is right in the management of that movie. That theater is a hope for the economic
development. And the merchants have gotten together and they realize they need to do something
themselves, that the City cannot do everything for them. And they started what they called Cultural
Friday, something very similar to what's taking place in Coral Gables, and it was very successful. It was
very, very successful. And the management has to be part of that. The management needs to understand
that although it's a business transaction, it's also a community theater. And I think -what Commissioner
Regalado is bringing out is very important. We need to look at the contract. Because according to the
contract — and I looked at it, Commissioner Regalado — there's a couple of things that they need to comply
with that I think they're not complying with.
Commissioner Regalado: Couple?
Vice Chairman Gort: I read the contract and there's quite a few things they have not complied with. So
you need to look into it.
Lori Billberry (Director, Asset Management): Well, right now, they're strictly operating on the temporary
permit. They are not fully operational. That contract, that management agreement is scheduled to come
back to you in July, which spells out a lot of the enforcement items that we're talking about. And they
will be required to produce a management plan to be reviewed by the City Manager each year along with a
budget. And absolutely, they can be terminated prior if they're not performing.
Vice Chairman Gort: OK. That was my understanding when I read the contract. So that will get a chance
to come back to us. Thank you. Any other questions? Commissioner Teele, you want to ask about the
Tower?
Commissioner Regalado: No. But you know, the Lyric is doing very well.
Vice Chairman Gort: Commissioner Teele, you got a couple of items?
203 6/8/00
Commissioner Regalado: So Commissioner Teele's district is —
Commissioner Teele: Well, Dorothy Fields has done a wonderful job, and I'm very grateful that the
board, the CRA (Community Redevelopment Agency) Board and possibly even the Mayor will be coming
to the Lyric Theater at the next CRA Board meeting, which I think is scheduled for June, Monday, June
26th at 5 p.m. Again, I just think that so much has been said, Mr. Manager. We may be on overload, but
we really don't use Net 9 effectively, and the answer is not to go out and hire three new people. You
know, I'm going to tell you something. You get one good consultant that is in this business that just does
this, and you pay them thirty thousand dollars ($30,000), and I guarantee you, you can quadruple the
programming on Net 9. I mean, the answer is not to go out and hire a person. The answer for Net 9 is to
hire someone who is in this business every day with a staff, and a team, and people and can really come in
and help us with the _programming to coordinate the volunteers. There is no shortage of people from the
various universities, the various institutions that are here. And it's really just really a shame that we're
missing this opportunity.
204 6/8/00
•
•
57. MANAGER TO NOTIFY COMMUNITY REDEVELOPMENT AGENCY (CRA) UPON
SUBMISSION OF ANY APPLICATION FOR DEMOLITION OF HISTORIC STRUCTURES WITHIN
THE COMMUNITY REDEVELOPMENT AREA, CODE SECTION 23-6 (c) -(e).
Commissioner Teele: Mr. Manager, Mr. Chairman, there are several items that I'd like to deal with. We
have a resolution. "A," which is. a resolution requesting that the Manager notify the Redevelopment upon
the submission of any application for demolition of historic structures. And I hope that — historic structure
or any structure over 40 years of age — within the Community Redevelopment Area, subject to Section 23-
6, and further directing the City Manager and Attorney to immediately review the applicable regulations
and procedures. This is necessary to implement the intent. This resolution is simply to provide notice,
and I would so move.
Commissioner Regalado: Second.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chainnan Gort: Discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-517
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO NOTIFY THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) UPON SUBMISSION OF ANY
APPLICATION FOR DEMOLITION OF HISTORIC STRUCTURES
WITHIN THE COMMUNITY REDEVELOPMENT AREA, SUBJECT
TO SECTION 23-6 (c) -(e) OF THE CITY CODE; FURTHER
DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO
IMMEDIATELY REVIEW APPLICABLE REGULATIONS AND
PREPARE LEGISLATION AND PROCEDURES NECESSARY TO
IMPLEMENT THE INTENT OF THIS RESOLUTION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
205 6/8/00
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
206 6/8/00
9
58. PLANNING DEPARTMENT TO DEVELOP LEGISLATION THAT WOULD ESTABLISH
"GATEWAYS" TO OVERTOWN AT 8TH STREET AND NORTHWEST 3RD AVENUE, 8TH STREET
AND 3RD COURT, 14TH STREET AND THE FEC RAILROAD TRACKS, 8TH STREET AND THE FEC
RAILROAD TRACKS, 20TH STREET AND THE FEC RAILROAD TRACKS AND NORTHWEST 71 H
AVENUE AND 14TH STREET; PROVIDE RESTRICTED ACTIVITIES AND ESTABLISH
APPROPRIATE USES SUCH AS GREEN SPACE, MONUMENTS, PUBLIC ART AND OTHER
SUCH AMENITIES — PHOTOS TO SHOW AREA AS CURRENTLY IS.
Commissioner Teele: On the other item, this has come up - and Ana, I really appreciate your indulgence.
The City Commission voted almost 18 months ago on the 3rd Avenue Business Corridor. It specified
certain things would be done. A lot of those things maybe have not been done fully. But what we need to
do is, we really do need — I was really disturbed to meet with the five people from Car -4 Corporation who
said they met with the Planning Department. The staff and the Chairman of the Board, who is a wonderful
gentleman — Car -4, as you know, was set up by the Chamber to help with issues relating to transitional
homes and homeless. And I mean, you know, nobody wants to say no, even though Overtown has more
homeless than all the other districts combined. But they were told — given information apparently — and
maybe they weren't. Maybe they talked to somebody who was just walking through there that day. But
they said that there was nothing wrong with the site, which is literally one of the bright red signs that says
"Gateway to Overtown," right there on Third Court, as you come off 95 or 395, right in front of People's
Barbecue, right to the west of People's Barbecue. They've undertaken efforts. And what I'd like to do is
again to go back to the original resolution, which we've already passed, but specifically, a resolution
requesting the Manager to instruct the Planning Department to develop appropriate legislation that would
establish the Gateways in Overtown at 8th Street and Northwest 3rd Avenue, 8th Street and 3rd Court, 14th
Street and the FEC, 8t11 Street and the FEC, 201h Street and the FEC, 7th Avenue and 14" Street, and to
provide restricted activity through appropriate uses, such as green space, monuments, public art, art in
public places, and directing the Manager to provide photographs which depict and illustrate the area as it
currently is. And this resolution has already been passed in a broader way where it asked that the
Planning Department and the Zoning Department would carry out. But we need to make very sure that in
those areas that we're designating would be the areas where you enter that we don't find something that's
inappropriate. And I've committed to Car -4 to work with them in some other areas. But putting the
transitional housing right as you come off of 395, you know, right at the ramp, you know, there at 8th
Street, that should be a monument. That should be a monument to Joe Lang Kershaw or somebody. We
don't have one monument, by the way, for the first African-American elected since reconstruction in this
whole City, and that's something we've got to deal with, and appropriately. But there are a lot of things
that we can highlight. By the way, he was a coach right there at Booker T. Washington, right there in
Overtown. And I would just move that we ask you to work with us. First, let's show what it looks like.
And then let's work for green space, and art in public places, the County. There are companies like
AT&T (American Telephone and Telegraph) and other companies that are willing to work with us, even
the Florida DOT (Department of Transportation). So I would so move.
Commissioner Winton: Second.
Vice Chairman Gort: Discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
207 6/8/00
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-518
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO' INSTRUCT THE PLANNING
DEPARTMENT TO DEVELOP APPROPRIATE LEGISLATION THAT
WOULD ESTABLISH "GATEWAYS" TO OVERTOWN AT 8TH
STREET AND NORTHWEST 3RD AVENUE, 8TH STREET AND 3'
COURT, 14TH STREET AND THE FEC RAILROAD TRACKS, 8TH
STREET AND THE FEC RAILROAD TRACKS, 20TH STREET AND
THE FEC RAILROAD TRACKS AND NORTHWEST 7TH AVENUE
AND 14" STREET, MIAMI, FLORIDA, AND TO PROVIDE
RESTRICTED ACTIVITIES AND ESTABLISH APPROPRIATE USES
SUCH AS GREEN SPACE, MONUMENTS, PUBLIC ART AND THE
OTHER SUCH AMENITIES; DIRECTING THE CITY MANAGER TO
PROVIDE PHOTOGRAPHS WHICH DEPICT AND ILLUSTRATE
THE AREA AS IT PRESENTLY EXISTS; FURTHER DIRECTING
THE CITY MANAGER TO REPORT HIS FINDINGS TO THE CITY
COMMISSION WITHIN THIRTY (30) DAYS.
(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: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
208 6/8/00
59. SCHEDULE PUBLIC HEARING TO CONSIDER RECOMMENDATION OF DEPARTMENT
OF COMMUNITY DEVELOPMENT RELATED TO REALLOCATION OF FUNDS FROM
PREVIOUSLY APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS TO
THREE EXISTING BUSINESSES (OMEGA FASHIONS, SHAKERS CONCH HOUSE AND
GEORGES WILLIAM ENTERPRISES) TO PARTICIPATE IN THE COMMERCIAL
REVITALIZATION PROGRAM.
Commissioner Teele: Mr. Chairman, on the pocket item — please don't leave. On the pocket item, this is
— Mr. Jones is not here. You've heard Mr. Jones come time after time after time and the NANA
(Neighbors and Neighbors Association) people. This is a resolution that requests that the City of Miami
set a public hearing for June 29th to consider recommendations from the Department of Community
Development related to the reallocation of funds from previously approved projects to the three existing
businesses to participate in the Commercial Revitalization Program. That's the program that we just
passed. And we've heard Mr. Jones repeatedly and I think —
Vice Chainnan Gort: Right. Motion. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-519
A RESOLUTION OF THE MIAMI CITY COMMISSION, SETTING A
PUBLIC HEARING ON JUNE 29, 2000, TO CONSIDER THE
RECOMMENDATION OF THE DEPARTMENT OF COMMUNITY
DEVELOPMENT RELATED TO THE REALLOCATION OF FUNDS
FROM PREVIOUSLY APPROVED COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECTS TO THREE EXISTING BUSINESSES TO
PARTICIPATE IN THE COMMERCIAL REVITALIZATION
PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
209 6/8/00
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
210 6/8/00
60. MANAGER AND ATTORNEY TO PROVIDE EXPLANATION AS TO WHY PUBLIC
WORKS DEPARTMENT, NET ADMINISTRATORS IN DISTRICT 5, NOR REPRESENTATIVES
FROM LAW DEPARTMENT WERE PRESENT AT THE AFOREMENTIONED DISTRICT PUBLIC
HEARINGS RELATED TO THE 26TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING ALLOCATIONS.
Commissioner Teele: Mr. Chairman, finally, a request to the Manager. First, I would very much like on
June 291h or at the appropriate meeting, Mr. Manager, that the Community Development Department
provide a report on the results and the outcome of the — a written report— of the various community
meetings that were held in the various districts. I am particularly interested, Mr. Manager — and I've
already discussed this with the Law Department — but in. understanding why the Law Department and the
Department of Public Works were not — and other appropriate departments were not participating in this.
I mean, these meetings are very important. There is no issue more important than sidewalks, for example.
And maybe the Public Works Department was in a conflict, they had to go somewhere. But I really do
think that we've got to again institutionalize and get this City working together. I'm specifically
requesting a report on why the NET (Neighborhood Enhancement Team) administrators and NET staff
that were not present in the District V meeting, that were not present, why they were not present. I think
it's absolutely unbelievable that for whatever reason, certain NET people would not be there. I mean, you
have people coming out to talk to government. I don't have town hall meetings. I don't have a lot of
meetings. I mean, there were some NET people there, you know. But we have four or five, three or four
NET Offices. And I'd really like a written report on why the NET Office failed to attend the public
meeting that we held and convened by your Community Development Department. Again, this is an
example of the lack of coordination. There is nothing we do more important in the poor neighborhoods
than deal with Community Development funds in these neighborhoods. And yet, the staff isn't even there
to hear what the people have to say.
Carlos Gimenez (City Manager): Yes, sir. It won't happen again.
Commissioner Teele: Finally —
Vice Chairman Gort: Can I interject in there?
Commissioner Teele: Yeah.
Vice Chairman Gort: You know, the NETs, they're the ones that are in the neighborhoods, and they can
really come back and tell you which organizations that we're funding are really working. So it's
important that they do participate in this. I didn't have their participation, either. But I think you're right,
it's very important that they be there, because they're the ones that really know who's working and who's
performing in the neighborhoods.
Commissioner Teele: One or two of them were there, I mean, you know.
Commissioner Winton: I had it.
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•
Commissioner Teele: I mean, I will say this. I don't — I would like a written report. I understand
Edgewater is in two districts, for example. I mean Wynwood. I should say Wynwood is in two districts.
Maybe the NET Office went to the bigger district. That's fine. I mean just --
Commissioner Winton: We haven't had it yet.
Commissioner Teele: Huh?
Commissioner Winton: We haven't had that one yet.
Mr. Gimenez: I think — I'll give you a written report. I just think. you hit the nail on the head. I think it
was a lack of coordination and communication. And I'm going to just ask Community Development to
make sure that our ACMs (Assistant City Managers) and the Manager's Office is informed of these
meetings.
Commissioner Teele: But see, here again, this is in the newspaper. It's published. We agree on it here in
this meeting. I mean, it's a lack of coordination in the Manager's Office. I mean — and I don't want to
beat this.
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61. DIRECT MANAGER TO SCHEDULE PROFESSIONAL STAFF'S RECOMMENDATIONS
REGARDING ALTERNATIVES CONCERNING WHAT SHOULD BE PLANNED FOR
BICENTENNIAL PARK AND PARK WEST AREA.
Commissioner Teele: Finally, Mr. Chairman, I'm going to pass out something. And I hope you'll listen
to me before anybody reacts or gets an idea. There are two — where's the newspaper story? No; not that.
There are two newspaper stories that relate to the Marlins. And let me preface this by saying this: Johnny
Winton, Commissioner Winton and I, and I'm sure most of us are getting a fast lesson on NAP (Network
Area Point), which somebody said it was 'something we took every day. But one of the phenomenas of
NAP is you have these huge buildings. We're trying to quantify now whether, if we get the NAP
designation, it's going to be one billion dollars ($1,000,000,000) of construction or two billion dollars
($2,000,000,000). But there's one phenomenon. And I spoke to Mr. Hollow and Mr. Yaffe, who are
involved in telecommunications hotels yesterday. These huge buildings have very few people. They said
they have one location leased up with 30,000 square feet that have a total of eight people. So these NAPS
— I mean this NAP, if we get the NAP, could wind up with two billion dollars ($2,000,000,000) worth of
buildings and very few people, very few people. Now, I realize there is a difference in terms of corporate
offices and marketing offices, and a whole mix. But the switching facilities themselves, what we can
expect if the Nicaraguan local telephone company, and the Turks and Caicos and the Trinidadian local
telephone companies all decide to come here and to interconnect, we're not going to have a whole lot of
folks from those countries. We're going to have a lot of switches here, which gets us to the public policy
issue. And I hope the Planning Department Director, and the Economic Director and the Asset
Management Director will find their way in this direction, and Parks Director. If we get the NAP and if
we are really successful, we're going to really have to work at getting people with something else. Now,
we've done a lot of right things with the nightclub districts and all of that. One of the things that I'm very
interested in understanding is that there are two newspaper stories. One appeared in the Sunday Herald by
Ed Pope that says without a baseball park — without a new park, baseball is sunk. And the other appears in
today's paper, Henry drops stadium plans, fears for the future, and we should worry, too. And basically,
you know, he's basically saying, and, you know, there will be those that will assure they all say this. But,
you know, it may be the Marlin Baseball goes somewhere else in another part of the country. You know,
I'm not prepared at all to have a discussion on the baseball. But what I would very much like to hear from"
the professional staff before everybody starts running around with lobbyists and talking, I would like to
hear at the next meeting what some of the options are from the professional staff, what your views are,
because we never hear your views. You all are always reacting to somebody else's views. What some of
your options are, not about baseball but about Bicentennial, and that entire area of how it could be
integrated to create people. One of the things that the Herald had, I think it was in April 16"', they talked
about the Miami Children's Museum. They talked about the Museum of Natural Arts. Are we doing
anything on that? And I'm not criticizing you if you're not. But I really would appreciate if you all would
talk to some of these people and let's have a professional view before everybody starts hiring consultants
and everybody starts hiring lobbyists to tell us what they think. And I respect the Planning Department
immensely. I respect the Economic Development Department and Asset Management, Parks Department
and those other departments that are related to this. And I would hope, Mr. Manager, rather than hearing
from a department next week, next Commission meeting, you know, right after the lunch that we could
just hear from our professional staff, not us telling them, but them telling us what some of their concepts
could be. And I'm very concerned that we do need to try to get a flow, a sheet flow of people in the
downtown and in that entire Park West area. And I realize this is Commissioner's Winton's district. I
want to be respectful of that. But all I'm asking for is just to hear an unfiltered and unrehearsed, even, an
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uncensored view from the professional staffs of Economic Development, and Planning and Asset
Management as to what some of the options could be, particularly in light of the very fine presentation
that the DDA (Downtown Development Authority) has really stimulated by having that debate. And
Commissioner Gort, I again acknowledge and appreciate what the DDA has done in this. And I'm sure
DDA has got some ideas. I'm sure Bayfront Trust has got some ideas. I'm sure the CRA (Community
Redevelopment Agency) has got some ideas. I would like to hear what our professional staff's ideas are.
Carlos Gimenez (City Manager): Yes, sir. And part of my budget message was that although we will give
you some of our ideas, my plan is to use some of those strategic initiative dollars to get the best people
that we can hire to do the planning that's necessary and get those projects, you know, going as quickly as
we can.
Commissioner Teele: I heard that very clearly.
Vice Chairman Gort: Commissioner Teele, the — this is one example that I used quite a bit, because I was
involved with it from the beginning. But one of the projects that I think the — and staff, correct me if I'm
wrong — that we've done the greatest is Bayside. My understanding is Bayside produces three. million
dollars ($3,000,000) a year for the City or one point something — one point six million dollars ($1.6
million) for the City. At the same time, Bayside last year brought 13,000,000 visitors to Bayside. My
understanding is, and the Visitors and Convention Bureau, the information we have, after Orlando,
Bayside is one of the most visited sites there is. And I think Bicentennial, with the Parrot Jungle, which
we hope soon the County will sign the contract, by having Parrot Jungle over at the Watson Island — and
this is just between those two entities — this piece of land could really create something that would not
only attract individuals, but produce income for the City of Miami. And that's what I would like to see.
Commissioner Teele: Commissioner Gort, you make a very important point. I also think that that
department — I can never remember the name of it — Conventions, Parks — what .is it? Conventions,
Marinas and —
Unidentified Speaker: Conferences and Conventions.
Commissioner Teele: What?
Unidentified Speaker: Conferences and Conventions.
Commissioner Teele: Their input should be made as well, because Bayfront, again, I mean the Bayside is
also a part of that kind of venue. And I just think we ought to give our staff a chance to talk to us. We
talk to lobbyists, we talk to a whole lot of people, but I don't think we give them, you know, on some of
these projects and I'd like to hear that. Is that all right with you, if they could make the presentation in
lieu of a department next week?
Mr. Gimenez: Absolutely. Now, what area are you talking about?
Commissioner Teele: I'm talking about strictly the area between 395 and the slip; in that downtown area
as well as the redevelopment area, any ideas that they have in light of the NAP in the context of all of this.
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Commissioner Winton: So not just Bicentennial Park, but Park West, as well?
Commissioner Teele: Yeah.
Mr. Gimenez: OK.
Commissioner Teele: Because they are tied together, really.
Vice Chairman Gort: Well, remember, one of the things you talked about is creating that mall that at one
time, that mall was going to be the Mall of the Americas.
Commissioner Teele: Yeah.
Vice Chairman Gort: I'm sorry, go ahead.
Commissioner Teele: Thank you very much, Mr. Chairman.
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62. AMEND RESOLUTION . NO. 00-115 WHICH AUTHORIZED THE PURCHASE OF 32
LAPTOP COMPUTERS FOR BUILDING DEPARTMENT FROM COMARK GOVERNMENT AND
EDUCATION SALES TO REFLECT A CHANGED STATE OF FLORIDA NEGOTIATED
AGREEMENT PRICE SCHEDULE ("SNAPS") AND CHANGED EXPIRATION DATE.
Vice Chairman Gort: Commissioner Winton. Yes, sir.
Commissioner Winton: I have one last Agenda item, and it's a pocket item, and it's a resolution. Who
from the City staff is going to -- Real quickly, this resolution is dealing with the purchase of laptop
computers some time ago. I guess on February 10, 2000, we adopted Resolution No. 00-115 approving
the purchase of 32 laptop computers. To make a long story short, that contract has expired. They need to
redo the — re -up the contract. It costs no more money. It isn't an expense deal. It's simply an update in a
contract.
Vice Chairman Gort: Correction. You're moving it? You move it?.
Commissioner Teele: Second the motion.
Commissioner Winton: I move it, yes.
Vice Chairman Gort: Second. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-520
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 00-115 WHICH AUTHORIZED THE PURCHASE
OF 32 LAPTOP COMPUTERS FOR THE BUILDING DEPARTMENT
FROM COMARK GOVERNMENT AND EDUCATION SALES, TO
REFLECT A CHANGED STATE OF FLORIDA NEGOTIATED
AGREEMENT PRICE SCHEDULE ("SNAPS") CONTRACT NO.
2501937-1 AND CHANGED EXPIRATION DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
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Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
Commissioner Teele: Was there anyone here from Eastcoast Fisheries? No one showed up? I'm through.
Vice Chairman Gort: Do I have a motion to adjourn?
Commissioner Winton: So move.
Vice Chairman Gort: Thank you.
Commissioner Teele: So move.
Vice Chairman Gort: Thank you.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-521
A MOTION TO ADJOURN TODAY'S COMMISSION MEETING.
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
217 6/8/00
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE
MEETING WAS ADJOURNED AT 8:06 P.M.
ATTEST:
WALTER J. FOEMAN,
City Clerk
SYLVIA LOWMAN,
Assistant City Clerk
WIFREDO GORT,
PRESIDING OFFICER/Vice. Chairman
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