HomeMy WebLinkAboutCC 2000-07-20 MinutesCITY OF MIAMI
COMMISSION
MEETING
MINUTES
OF MEETING HELD ON JULY 20, 2000
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
ITEM NO.
INDEX
MINUTES OF COMMISSION MEETING
JULY 20, 2000
SUBJECT
LEGISLATION
1. PRESENTATION OF $100,000 CHECK TO CITY BY
7/20/00
STATE REPRESENTATIVE MARCO RUBIO FOR
PRESENTATION
CLEANUP OF BLUE LAGOON.
1-2
2. ATTORNEY-CLIENT SESSION.
7/20/00
AUTHORIZE CITY ATTORNEY TO INSTRUCT
M-00-591.
SPECIAL COUNSEL FOR CITY TO SEEK
3-6
SETTLEMENT IN PENDING LITIGATION OF
DONALD H. WARSHAW vs. JOE CAROLLO AND
CITY OF MIAMI; TO INCLUDE ALL LITIGATION
FEES AS PERTAINS TO CITY COMMISSION;
STIPULATE IF ATTORNEYS REPRESENTING
DONALD H. WARSHAW DO NOT ACCEPT
SETTLEMENT AGREEMENT, THEN SPECIAL
COUNSEL FOR CITY SHALL MOVE ELEVENTH
JUDICIAL CIRCUIT TO STAY PROCEEDINGS UNTIL
FURTHER ACTION BY CITY COMMISSION AND
CRIMINAL INVESTIGATION IS COMPLETED.
3. CONSENT AGENDA
3.1 ACCEPT BID OF BEST'S MAINTENANCE AND
JANITORIAL SERVICES FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, FOR
PROVISION OF CUSTODIAL SERVICES FOR
EIGHT (8) NEIGHBORHOOD ENHANCEMENT
TEAM ("NET") SERVICE CENTERS, $19,680;
ALLOCATING FUNDS FROM: GENERAL SERVICES
ADMINISTRATION, $2,940 FOR FY '99-00; AND NET
ADMINISTRATION $340 FOR FY '99-00; AND NET
ADMINISTRATION $16,400 FOR FY `00-01.
7/20/00
DISCUSSION
7
7/20/00
R-00-592
8
3.2 ACCEPT BID OF ACHIEVEMENT PRODUCTS, 7/20/00
INC., FOR PROCUREMENT OF EMPLOYEE R-00-593
SERVICE. AWARD EMBLEMS FOR DEPARTMENT 8
OF HUMAN RESOURCES, $46,117; ALLOCATING
FUNDS FROM SPECIAL PROGRAMS AND
ACCOUNTS.
3.3 APPROVE PROCUREMENT OF BULK LIQUID 7/20/00
CHLORINE AND RENTAL OF CHLORINE R-00-594
STORAGE TANKS FROM COMMERCIAL 9
ENERGY SPECIALISTS, INC., $35,500.
3.4
AUTHORIZE CONTRIBUTION TO NEW BETHEL
7/20/00
BAPTIST . CHURCH SUMMER CAMP YOUTH
R-00-595
PROGRAM, ALLOCATING $5,000, FROM LAW
9
ENFORCEMENT TRUST FUND.
3.5
AUTHORIZE ACQUISITION OF CONSULTING
7/20/00
SERVICES FROM GARTNER GROUP TO
R-00-596
PROVIDE INFORMATION TECHNOLOGY
10
RESEARCH AND INFORMATIONAL SERVICES
RELATED TO IMAGING AND DOCUMENT
WORK FLOW AND INTERNET FOR
DEPARTMENT OF INFORMATION
TECHNOLOGY $40,000.
3.6
APPROVE PROCUREMENT OF TWO JOHN
7/20/00
DEERE TRACTORS, MODEL 5310, FOR
R-00-597
DEPARTMENT OF PARKS AND RECREATION
10
FROM JOHN DEERE COMPANY, $35,162.04;
ALLOCATING FUNDS FROM DEPARTMENT OF
PARKS AND RECREATION, VIRGINIA KEY BEACH
OPERATIONS DIVISION.
3.7
AUTHORIZE CONTRIBUTION TO FOUNDATION
7/20/00
OF COMMUNITY ASSISTANCE & LEADERSHIP
R-00-598
("FOCAL"), AND ALLOCATING $20,644, FROM
I1
LAW ENFORCEMENT TRUST FUND.
3.8 AUTHORIZE $7,000 FROM 25TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT
("CDBG") FUND FOR REHABILITATION OF EL
MILAGRO CARE CENTER IN LITTLE HAVANA
TARGET AREA; DESIGNATE SMALL BUSINESS
OPPORTUNITY CENTER, INC. ("SBOC") AS
ORGANIZATION TO IMPLEMENT PROGRAM
AND DISBURSE FUNDS TO PARTICIPANT.
3.9 AUTHORIZE $6,790 DOLLARS FROM 251H YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT
("CDBG") FUNDS, FOR REHABILITATION OF
.FIVE (5) BUSINESSES LOCATED IN LITTLE
HAVANA AREA; DESIGNATE SMALL BUSINESS
OPPORTUNITY CENTER, INC. ("SBOC") AS
ORGANIZATION TO IMPLEMENT PROGRAM
AND TO DISBURSE FUNDS TO THE PROGRAM
PARTICIPANTS.
3.10 AUTHORIZE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA TO CONSTRUCT AND
MAINTAIN A PEDESTRIAN OVERPASS AND
WALKWAY OVER AND ACROSS A PUBLIC
UTILITY EASEMENT, LOCATED ON BOOKER T.
WASHINGTON SENIOR HIGH SCHOOL.
3.11 AUTHORIZE UNITED STATES GENERAL
SERVICES ADMINISTRATION ("GSA") TO
CONSTRUCT AND MAINTAIN A PEDESTRIAN
WALKWAY UNDER AND ACROSS NORTH
MIAMI AVENUE, APPROXIMATELY 217 FEET
NORTH OF NORTHWEST 3" STREET
BETWEEN PROPOSED UNITED STATES
COURTHOUSE BUILDING AND EXISTING
FEDERAL JUSTICE CENTER BUILDING.
7/20/00
R-00-599
11
7/20/00
R-00-600
12
7/20/00
R-00-601
13
7/20/00
R-00-602
14
3.12 APPOINT AURORA BADIA,' P.E., FROM
DEPARTMENT OF PUBLIC WORKS AS
CHAIRPERSON OF COMPETITIVE SELECTION
COMMITTEE TO EVALUATE SUBMITTALS
RECEIVED IN RESPONSE TO REQUEST FOR
PROPOSALS FOR PROVISION OF TECHNICAL
CONSULTING SERVICES. TO ASSESS EXISTING
CITY-WIDE 800 MHZ TRUNKED
COMMUNICATIONS RADIO SYSTEM AND
CURRENT MARKET TECHNOLOGY .AND
DEVELOP A FIVE-YEAR PLAN TO REPAIR,
MODIFY, AND MODERNIZE SAID SYSTEM FOR
THE DEPARTMENTS OF GENERAL SERVICES
ADMINISTRATION, POLICE AND FIRE -RESCUE.
4. APPROVE AND CONFIRM MANAGER'S FINDING
OF SOLE SOURCE, WAIVING REQUIREMENTS
FOR COMPETITIVE SEALED BIDDING
PROCEDURES AND .APPROVE ACQUISITION OF
TWENTY (20) HOTDOGTM ,MONITORING
SYSTEMS FOR DEPARTMENT OF POLICE FROM
CRIMINALISTICS, INC., THE SOLE SOURCE
PROVIDER, $10,160, TO MONITOR TEMPERATURE
CHANGES INSIDE CANINE DETAIL POLICE
VEHICLES; ALLOCATING, FUNDS FROM LAW
ENFORCEMENT TRUST FUND.
5. APPROVE AND CONFIRM MANAGER'S FINDING
OF SOLE SOURCE; WAIVING REQUIREMENTS
FOR COMPETITIVE SEALED BIDS AND
APPROVE ACQUISITION AND INSTALLATION
OF FIRST -IN FIRE STATION ALERTING SYSTEM
FOR DEPARTMENT OF FIRE -RESCUE FROM
WESTNET INC., THE SOLE SOURCE PROVIDER,
$30,000; FUNDED BY THE FIRE ASSESSMENT.
6. SECOND READING ORDINANCE: AMEND
SECTION 2-923 OF THE CITY CODE ENTITLED
"BOARDS, COMMITTEES, COMMISSIONS" TO
PERMIT EXECUTIVE DIRECTOR OF
INTERNATIONAL TRADE BOARD TO EXERCISE
DISCRETION REGARDING EXCUSABLE BOARD
MEMBER ABSENCES.
7/20/00
R-00-603
15
7/20/00
R-00-604
16-17
7/20/00
R-00-605
18-19
7/20/00
ORDINANCE
NO. 11940
20-21
7. SECOND READING ORDINANCE: AMEND 7/20/00
ORDINANCE NO. 11912 WHICH ESTABLISHED A ORDINANCE
NEW SPECIAL REVENUE FUND ENTITLED: NO. 11941
"MIAMI-DADE COUNTY EMS GRANT AWARD (FY 22-23
99-00)", $236,857.10, FOR DEPARTMENT OF FIRE -
RESCUE TO. BE ALLOCATED AS FOLLOWS;
EMS EQUIPMENT $70,857.10; RISK WATCH
PROGRAM $58,000; CONFERENCES AND
SEMINARS $31,000; AND STATION ALERTING
UPGRADE $77,000.
8. SECOND READING ORDINANCE: AMEND 7/20/00
SECTION 2-33 BY ADDING NEW SUBSECTION (f) ORDINANCE
AND RELETTERING EXISTING SUBSECTIONS 2- NO. 11942
33 (f) THROUGH (k) OF THE CITY CODE 24-25
"ADMINISTRATION/CITY COMMISSION/ORDER
OF BUSINESS AND RULES OF PROCEDURE," TO
PROVIDE THE FOLLOWING BE POSTED ON
THE INTERNET: (1) CITY COMMISSION
AGENDA WITH AGENDA'S DISTRIBUTION, (2)
SUPPLEMENTAL AGENDA AND INFORMATION
RELATED TO UPCOMING AGENDA WITH ITS
DISTRIBUTION, AND (3) CITY CLERK'S REPORT
AFTER RELEASE OF BY CITY CLERK AFTER A
CITY COMMISSION MEETING.
9. FIRST READING ORDINANCE: ESTABLISH A 7/20/00
SPECIAL REVENUE FUND ENTITLED: "AUTO FIRST READING
THEFT PREVENTION FUND"; AND APPROPRIATE ORDINANCE
$5,000 RECEIVED BY CITY AS A CONTRIBUTION 26
FROM MIAMI -DARE CIRCUIT AND COUNTY
COURTS.
10. (A) AUTHORIZE MANAGER TO EXECUTE
CONSENT AGREEMENT BETWEEN THE CITY,
CALOR DEVELOPMENT, LTD., AND MIAMI-
DADE COUNTY DEPARTMENT OF
ENVIRONMENTAL RESOURCES
MANAGEMENT.
(B) „REFER TO WATERFRONT ADVISORY BOARD
ISSUE OF USE BY CALOR DEVELOPMENT, LTD OF
DOCKING SLIP LOCATED ADJACENT TO
AMERICAN AIRLINES ARENA, EAST OF BISCAYNE
BOULEVARD AND NORTH OF THE THEORETICAL
EXTENSION OF N.E. STH STREET.
(C) MANAGER TO PROVIDE WATERFRONT
ADVISORY BOARD WITH PERTINENT DETAILS
CONCERNING PROPOSED PLANNING AND USE OF
WATSON ISLAND; ADMINISTRATION TO
CONDUCT AT LEAST ONE PUBLIC HEARING ON
SAID MATTER PRIOR TO BRINGING ISSUE BACK
TO COMMISSION FOR CONSIDERATION.
7/20/00
R-00-606
M-00-607
M-00-608
27-32
11. DECLARE PARCEL OF CITY -OWNED REAL 7/20/00
PROPERTY LOCATED AT 27 SOUTHWEST R-00-609
NORTH RIVER DRIVE, AS SURPLUS AND 33-34
AUTHORIZE SALE OF PROPERTY, $65,000, TO
ICARE BAY POINT SCHOOLS, INC.
12. AUTHORIZE INCREASE IN CONTRACT WITH 7/20/00
SOUTH FLORIDA MAINTENANCE SERVICES R-00-610
FOR PROVISION OF MAINTENANCE SERVICES 35-36
.FOR EVENTS AT ORANGE BOWL STADIUM,
FOR DEPARTMENT OF CONFERENCES AND
CONVENTIONS AND PUBLIC FACILITIES,
INCREASING FROM $100,000 TO $130,000;
ALLOCATING FUNDS FROM ORANGE BOWL
OPERATING ACCOUNT.
13. AMEND RESOLUTION NO. 00-349, WHICH
AUTHORIZED CITY TO APPLY FOR GRANTS
FROM MIAMI-DADE COUNTY SAFE
NEIGHBORHOOD PARK BOND PROGRAM
INTEREST EARNINGS ALLOCATION $282,000• TO
REQUIRE THAT CITY PROVIDE DOLLAR FOR
DOLLAR CASH MATCH FOR GRANTS AWARDED
BY PROGRAM.
14. ACCEPT PLAT ENTITLED CEDARS PARK.
15. ACCEPT BID OF INTERAMERICAN CAR
RENTAL, INC. FOR PROVISION OF EIGHTY (80)
TO ONE HUNDRED (100) RENTAL VEHICLES,
FOR DEPARTMENT OF POLICE, $918,000;
ALLOCATING FUNDS FROM LAW ENFORCEMENT
TRUST FUND.
16. DEFER PROPOSED AUTHORIZATION OF
SETTLEMENT TO FINDINGS OF AUDIT
REPORT PREPARED BY OFFICE OF THE
INSPECTOR GENERAL ON CITY COMMUNITY
PLANNING AND DEVELOPMENT PROGRAMS
FOR 1995 AND 1996 ISSUED MARCH 26, 1998. (See
#25).
7/20/00
R-00-611
37
7/20/00
R-00-612
38-39
7/20/00
R-00-613
40-41
7/20/00
DISCUSSION
42
17. (A) AMEND RESOLUTION NO. 99-957, WHICH
7/20/00
AUTHORIZED PAYMENT TO MIAMI-DADE
R-00-614
COUNTY FOR DISPOSAL OF SOLID WASTE
M-00-615
COLLECTED BY CITY, INCREASING AMOUNT
43-50
TO BE PAID. MIAMI-DADE COUNTY FROM
$8,384,400 TO $8,884,400.
(B) MANAGER TO PROVIDE COMMISSION WITH
REPORT ON WHAT CITY HAS DONE CONCERNING
STATUS OF RECOUPING FEDERAL EMERGENCY
MANAGEMENT ADMINISTRATION ("FEMA")
FUNDS TO CITY FOR TIPPING FEES CHARGED BY
MIAMI-DADE COUNTY; CITY ATTORNEY AND
MANAGER TO NEGOTIATE AGREEMENT WITH
MIAMI-DADE COUNTY IN CONNECTION WITH
PENDING ISSUES: [I.E., PILOT (PAYMENT IN LIEU
OF TAXES); PARKING SURCHARGE; PUBLIC
WORKS ISSUES AS IT PERTAINS TO MANNER IN
WHICH CITY STREETS ARE TORN UP; WATER
AND SEWER AUTHORITY AS IT PERTAINS TO
WATER -RELATED ISSUES]; ADMINISTRATION TO
PROVIDE A ITEMIZATION OF PAYMENTS THAT
ARE MADE BY CITY AS IT PERTAINS TO TIPPING
FEES VERSUS COST FOR GARBAGE COLLECTION;
REQUEST TO REVIEW AGREEMENT WITH MIAMI-
DADE COUNTY FOR HOUSING OF POLICE HORSES
AT TROPICAL PARK AND CONSIDER HAVING
OUR OWN STABLES.
(C) MANAGER TO DIRECT DEPARTMENTS OF
FINANCE, MANAGEMENT AND BUDGET, SOLID
WASTE, AND OFFICE OF MEDIA RELATIONS TO
PROVIDE RESIDENTS OF CITY AN
INFORMATIONAL MAILER IN CONNECTION WITH
COSTS RELATED TO GARBAGE INCLUDING FEES
CHARGED BY MIAMI-DADE COUNTY; MAILER TO
BE USED AS PART OF CITY'S TRIM NOTICES.
18. (A) ACCEPT BIDS FROM VARIOUS VENDORS,
FOR PROVISION OF DEMOLITION SERVICES,
FOR DEPARTMENT OF BUILDING AND ZONING,
$500,000; ALLOCATING FUNDS FROM 25TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS.
(B) ADMINISTRATION TO DEVELOP PROCESS
ALLOWING CODE ENFORCEMENT BOARD TO
FORECLOSE IN CASES WHERE DELINQUENT
PROPERTY OWNERS FAIL TO MAINTAIN THEIR
PROPERTIES AND IGNORE CITATIONS AND/OR
FINES ASSESSED BY BOARD FOR VIOLATIONS OF
SOUTH FLORIDA BUILDING CODE.
7/20/00
R-00-616
51-61
19. APPOINTMENT TO THE MIAMI AUDIT 7/20/00
ADVISORY COMMITTEE (Rod Harvey). R-00-617
62
20. APPOINTMENTS TO THE BAYFRONT PARK 7/20/00
MANAGEMENT TRUST (Elena Carpenter and Ruth M-00-618
Greenfield). R-00-619
63-64
21. APPOINTMENT TO THE BOARDS AND 7/20/00
COMMITTEES REVIEW COMMITTEE (Tony Crapp, R-00-620
Jr.). M-00=621
65-67
22. APPOINTMENTS TO THE COCONUT GROVE 7/20/00
FESTIVAL COMMITTEE (Ramiro Arango and Dorothy R-00-622
Lee). 68-69
23. APPOINT ANTONIO LLANO-MONTES, ALLEN 7/20/00
SWEENY, RAYMUNDO ESCARRA AND NAJIB M-00-623
TAYARA TO THE INTERNATIONAL TRADE BOARD. 70-71
(See #37).
24. MANAGER TO REPORT BACK TO COMMISSION
WITHIN SIXTY DAYS WITH PLANS TO PAVE LOT
ADJACENT TO ROLLINS GROCERY STORE
LOCATED AT 5520 NORTHWEST 17TH AVENUE;
$4,500, FOLLOWING NEGOTIATIONS WITH
DEPARTMENT OF OFF-STREET PARKING FOR
FIXED PRICE IF NOT DONATION FOR
IMPROVEMENT OF SAME.
25. (A) AUTHORIZE SETTLEMENT TO FINDINGS OF
AUDIT REPORT PREPARED BY OFFICE OF
INSPECTOR GENERAL ON CITY COMMUNITY
PLANNING AND DEVELOPMENT PROGRAMS
FOR 1995 AND 1996 ISSUED MARCH 26, 1998 BY
$4,212,696 TO COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AND HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAM ACCOUNTS;
SETTLEMENT TO INCLUDE TRANSFER OF $558,349
FROM GENERAL FUND AND $1,054,347 OF 1976
GENERAL OBLIGATION HOUSING BOND FUNDS
TO CDBG ACCOUNT AND $2.6 MILLION OF 1976
GENERAL OBLIGATION HOUSING BOND FUNDS
TO HOME ACCOUNT, ALLOCATING $500,000 OF
1976 GENERAL OBLIGATION HOUSING BOND
FUNDS TO PROVIDE RELOCATION PAYMENTS
FOR TENANTS OF NORTHWESTERN ESTATES
PROJECT. (See. #16)
(B) REQUEST STATUS REPORT REGARDING
NORTHWESTERN ESTATES.
7/20/00
M-00-624
72-77
7/20/00
R-00-625
78-81
26. MANAGER TO SCHEDULE ON SUPPLEMENTAL
7/20/00
AGENDA FOR JULY 27, 2000 COMMISSION
M-00-626
MEETING CONSIDERATION OF: (1) RESOLUTION
82-84
IN CONNECTION WITH FILLING OF SLIP LOCATED
IN FEC/BICENTENNIAL PARK AREA, INCLUDING
TWO INLETS; (2) DISCUSSION RELATED TO
PROPOSED CHARTER AMENDMENT TO HAVE OFF-
STREET PARKING AS A CITY DEPARTMENT.
27. REAPPOINTING ANGEL ZAYON AND JOSE
7/20/00
MARBAN TO LITTLE HAVANA FESTIVAL
M-00-627
COMMITTEE, (See #38).
85-86
28. APPOINTMENT TO THE NUISANCE ABATEMENT 7/20/00
BOARD. (James Moss). R-00-628
87-88
29. DEFER APPOINTMENTS TO THE PROPERTY AND 7/20/00
ASSET REVIEW COMMITTEE. DISCUSSION
89
30. APPOINTMENT TO THE URBAN DEVELOPMENT 7/20/00
REVIEW BOARD (Todd Tragash). R-00-629
90
31. DEFER APPOINTMENT TO THE WATERFRONT 7/20/00
ADVISORY BOARD. DISCUSSION
91
32. APPOINT DENIS ROD AS MEMBER OF THE CODE 7/20/00
ENFORCEMENT BOARD (See #35). M-00-630
92
33. APPOINT JOSE ALVAREZ AS MEMBER OF THE 7/20/00
ECONOMIC DEVELOPMENT COMMITTEE (See #48-b). M-00-631
93
34. MANAGER TO PROVIDE EXTRA ASSISTANCE AND 7/20/00
STAFFING TO COMMISSIONER REGALADO IN DISCUSSION
CONNECTION WITH THE ECONOMIC 94
DEVELOPMENT COMMITTEE (See #48).
35. APPOINTMENTS TO THE CODE ENFORCEMENT 7/20/00
BOARD (Denis Rod and Antoine Auguste. (See #32). R-00-632
95
36. APPOINTMENT TO CULTURAL AND FINE ARTS 7/20/00
BOARD (Arnold Mittelman). R-00-633
96
37. APPOINTMENTS TO THE INTERNATIONAL TRADE 7/20/00
BOARD (Carole Ann Taylor, Antoine Llano -Montes, Allen R-00-634
Sweeney, Raymundo Escarra and Najib Tayara) (See 97
#23)
38. APPOINTMENTS TO THE LITTLE HAVANA FESTIVAL 7/20/00
COMMITTEE (Jesus Morales, Angel Zayon and Jose R-00-635
Marban) (See #27). 98
39. CONFIRM APPOINTMENT OF WILLY BERMELLO AS 7/20/00
MEMBER OF THE URBAN DEVELOPMENT REVIEW M-00-636
BOARD (See #30). . 99
40. DEFER CONSIDERATION OF DISCUSSION 7/20/00
CONCERNING PARKING AT APPROXIMATELY N.W. M-00-637
8T" STREET AND BISCAYNE BOULEVARD. 100-104
41. APPROVE AGREEMENT BETWEEN CITY AND 7/20/00
FLORIDA BOARD OF TRUSTEES OF INTERNAL R-00-638
IMPROVEMENT TRUST, FOR (1) LEASE OF 152,747.8 105-107
SQUARE FEET OF SOVEREIGN SUBMERGED LAND
ADJACENT TO 2640 SOUTH BAYSHORE DRIVE
(DINNER KEY MARINA) FOR PUBLIC MARINA
PURPOSES WITH LEASE FEE OF $15,178.86 OR 6%
GROSS REVENUE FROM WET SLIP RENTALS
WHICHEVER IS GREATER; AND (2) WAIVER OF
DEED RESTRICTION FOR 134,370.4 SQUARE FEET
OF CITY -OWNED SUBMERGED LANDS FOR PUBLIC
MARINA PURPOSES, WITH FEE OF $19,000 OR 6%
GROSS REVENUE FROM WET SLIP RENTALS,
WHICHEVER IS GREATER.
42. (A) DEFER DISCUSSION CONCERNING 7/20/00
FINANCIAL UPDATE AND BUDGET OUTLOOK. DISCUSSION
108
(B) INTRODUCTION OF LINDA HASKINS AS NEW
DIRECTOR OF DEPARTMENT OF MANAGEMENT
AND BUDGET.
43. GRANT REQUEST FROM MIAMI-DADE ELECTIONS 7/20/00
DEPARTMENT FOR PERMISSION TO
USE M-00-639
COCONUT GROVE CONVENTION CENTER
AS 109-112
BACK-UP TO MARRIOTT RESIDENCE
INN,
LOCATED AT 2835 TIGERTAIL AVENUE; SUBJECT
TO NO OTHER EVENTS SCHEDULED
FOR
COCONUT GROVE CONVENTION FACILITY
ON
REQUESTED ELECTION DATE.
44. AUTHORIZE ALLOCATION OF $135,000, TO 7/20/00
MIAMI-DADE COUNTY METROPOLITAN R-00-640
("MPO") PLANNING ORGANIZATION FOR 113-114
ADMINISTRATION AND PREPARATION OF
TRANSPORTATION STUDIES FOR DOWNTOWN
MIAMI LONG RANGE TRANSPORTATION
MASTER PLAN; ALLOCATING FUNDS FROM
DOWNTOWN DEVELOPMENT SUPPLEMENTAL
FEE.
45. ALLOW COMMISSIONER WINTON TO EXTEND 7/20/00
PERIOD OF TIME FOR FINAL RECOMMENDATIONS DISCUSSION
BY CHARTER REVIEW AND REFORM COMMITTEE 115-117
BY SIX TO NINE MONTHS (See #55).
46. DISCUSSION AND PERSONAL APPEARANCE BY 7/20/00
MR. LEROY LLOYD, CHAIRMAN OF THE DISCUSSION
OVERTOWN ADVISORY BOARD. 118-119
47. COMMENTS BY COMMISSIONER SANCHEZ 7/20/00
REGARDING UPDATE OF WORKERS' DISCUSSION
COMPENSATION CASES. 120
48. (A) DISCUSSION CONCERNING PRELIMINARY 7/20/00
REPORT FROM THE ECONOMIC R-00-641
DEVELOPMENT COMMITTEE. 122-124
(B) APPOINT PATRICK RANGE AND JOSE ALVAREZ
TO THE ECONOMIC DEVELOPMENT
COMMITTEE (See #34).
49. MANAGER TO DIRECT DEPARTMENT OF PUBLIC 7/20/00
WORKS TO EMPLOY STREET SWEEPERS ALONG M-00-642
CORAL WAY TO CLEANUP LEAVES FROM ROAD 125-126
WHEN FLORIDA DEPARTMENT OF
TRANSPORTATION TRIMS TREES ALONG CORAL
WAY MEDIAN FROM S.W. 17 AVENUE TO S.W. 32
AVENUE.
50. DEFER DISCUSSION CONCERNING 7/20/00
MANAGEMENT AGREEMENT AT TOWER DISCUSSION
THEATER. 127
51. MANAGER TO ESTABLISH
SEGREGATED 7/20/00
ACCOUNT TO INCLUDE DONATIONS TO BE DISCUSSION
RECEIVED IN CONNECTION
WITH COSTS 128-129
RELATED TO PROGRAMS FOR
NET -9 CABLE
TELEVISION DEPICTING
"MIAMI
NEIGHBORHOODS;" MANAGER TO
AIR ON A ONCE
A MONTH A PROGRAM ABOUT
ONE OR TWO
NEIGHBORHOODS FROM EACH
COMMISSION
DISTRICT.
52. DISCUSSION CONCERNING INQUIRY INTO SGT. 7/20/00
ROBERT FIELDER, JR.'S MEMORANDUM DISCUSSION
REGARDING INVESTIGATION OF ELECTED 130-132
OFFICIALS AND PHONE CALLS MADE TO CUBA
FROM CITY HALL PHONES (See #56).
53. SECOND READING ORDINANCE: DECLARE 7/20/00
EXEMPTION FROM PROHIBITIONS CONTAINED ORDINANCE
IN SECTION 36-6(A) OF CITY CODE RELATED TO NO. 11943
LEVEL AND HOURS OF NOISE RESULTING 133-134
FROM CONSTRUCTION EQUIPMENT LOCATED
IN THE PARK WEST AREA OF THE COMMUNITY
REDEVELOPMENT AREA.
54. DEFER DISCUSSION CONCERNING FLORIDA 7/20/00
SENATE BILL 2346 RELATING TO THE PORT DISCUSSION
AREA IMPROVEMENT AUTHORITY ACT. 135
55. COMMENTS BY COMMISSIONERS EXPRESSING 7/20/00
OPPOSITION TO MAYOR'S PROPOSAL FOR DISCUSSION
ELECTIONS TO BE HELD CITY-WIDE INSTEAD OF 136-138
BY DISTRICT -- CITY ATTORNEY TO BEGIN A
DETAILED LEGAL REVIEW OF VOTING RIGHTS
ACT IMPLICATIONS RELATED TO MAYOR'S
EFFORTS TO CREATE AT -LARGE ELECTIONS FOR
CITY OF MIAMI COMMISSIONERS. (See #45).
56. CLARIFICATION BY CITY ATTORNEY AS TO 7/20/00
CORRECTION IN TITLE OF ORDINANCE AS READ DISCUSSION
REGARDING CONSTRUCTION NOISE IN PARK 139
WEST AREA (See #52).
57. AUTHORIZE CAP ON USER FEE OF $5,000 PER
EVENT DAY FOR PRESENTATION OF
MATCHSEATS.COM COMMUNITY CHALLENGE
2000, SOCCER MATCH BETWEEN JAMAICA
HARBOUR VIEW AND COLOMBIA DEPORTIVO
CALI, AT ORANGE BOWL STADIUM TO BE
CONDUCTED BY LOGOSPORT ORGANIZERS, TO
PAYING ALL NECESSARY COSTS OF CITY
SERVICES AND FEES, OBTAIN INSURANCE TO
PROTECT CITY AND COMPLY WITH ALL
CONDITIONS.
58. OFFICIAL CLOSURE OF PUBLIC RIGHT-OF-
WAY LOCATED BETWEEN NW 17TH AVENUE
AND NW 15TH AVENUE FROM NW 7TH STREET
NORTH TOWARDS NW 8TH STREET 120 FEET
TO ALLOW A UNIFIED COMMERCIAL
DEVELOPMENT. (Applicant(s) Ashton Ventures
Two, LLC)
59. RECONSIDER VOTE TAKEN ON RESOLUTION NO.
00-572 WHICH HAD DENIED AN APPEAL AND
AFFIRMED DECISION OF ZONING BOARD
DENYING A VARIANCE FROM ZONING
ORDINANCE 11000 TO ALLOW A SIDE YARD
SETBACK OF 2 FEET FOR DOCKS FOR PROPERTY
LOCATED AT APPROXIMATELY 3501 ANCHORAGE
WAY.
7/20/00
R-00-643
140-141
7/20/00
R-00-644
142-143
7/20/00
M-00-645
144-142
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
Ew3mm9
On the 20th day of July 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 9:38 a.m. by Presiding Officer/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 L. Winton (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado (District 4)
Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Carlos Gimenez, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Sylvia Lowman, Assistant City Clerk
Vice Chairman Gort: Number one, welcome to another meeting of the City of Miami Commission. First,
we'll have — what do we call this? — an executive session and then we'll be right back. But before we go
into that, I'd like to have Commissioner Regalado do the invocation. Commissioner Teele, would you do
the pledge of allegiance.
An invocation was delivered by Commissioner Regalado, after which, Commissioner Teele
led those present in a pledge of allegiance to the flag.
1. PRESENTATION OF $100,000 CHECK TO CITY BY STATE REPRESENTATIVE MARCO
RUBIO FOR CLEANUP OF BLUE LAGOON.
Vice Chairman Gort: Before we go into special session, at this time, I would like to welcome a young
man that just got elected last year, Mr. Rubio. Marco Rubio is a state representative. And this young
man, in working with us, he was able to get in his first year a hundred thousand dollars ($100,000) to
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clean the Blue Lagoon, which is a lagoon that we've had a lot of problems in the past. And he's got a
check for us. So will you come up here and present the check.
State Representative Marco Rubio: Don't try to cash it at an ATM (automated teller machine). It'll be
tough.
Note for the Record: Commissioner Sanchez entered the Commission chamber at 9:41 a.m.
Unidentified Speaker: Where is the executive session?
Alejandro Vilarello (City Attorney): In Gort's office.
Mr. Rubio: Well, I want to thank all of you, first of all. Obviously, this is a project that began before I
was elected, and I was just happy to come on board at the end and make it happen. A hundred thousand
dollars ($100,000) is not a lot of money when you talk about a fifty billion dollar ($50,000,000,000)
budget in the state, but it's certainly a worthy project. And I think one of the most important things that
State government can do -- My background is local government, much smaller than this, obviously. It's a
two -precinct city called West Miami where I started as a Council Member. But I realize the importance of
municipal projects and state funding for municipal projects, and I'm very proud that the City of Miami is
in my district, and I look forward to working with each of you and with the administration in the future for
any projects you may have. And I commend you, Commissioner Gort. I know you were working on this
for a very, very long time. And I'm just glad I was able to be a part of it in making it happen, so thank
you. I want to introduce my legislative aide, Elena Garcia, who is here, and another gentleman who helps
me, way back from West Miami, Geraldo Ramos is with me everywhere I go, as well. And I want to
thank them for coming and helping me carry that check.
Vice Chairman Gort: Thank you. Appreciate it. Thank you.
Commissioner Teele: Why don't you all take a picture, just the two of you all with the check.
State Representative Rubio: Sure.
Commissioner Teele: Mr. Chairman, I'm glad the legislator has learned very quickly, because as they say
in Tallahassee, behind every good legislator, there's a good aide. And we're really grateful to have Elena,
who is really experienced in local government, and I'm glad to see you here, Elena.
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2. ATTORNEY-CLIENT SESSION.
AUTHORIZE CITY ATTORNEY TO INSTRUCT SPECIAL COUNSEL FOR CITY TO SEEK
SETTLEMENT IN PENDING LITIGATION 'OF DONALD H. WARSHAW vs. JOE CAROLLO AND
CITY OF MIAMI, TO INCLUDE ALL LITIGATIONTEES AS PERTAINS TO CITY COMMISSION;
STIPULATE IF ATTORNEYS REPRESENTING DONALD H. WARSHAW DO NOT ACCEPT
SETTLEMENT AGREEMENT, THEN SPECIAL COUNSEL FOR CITY SHALL MOVE ELEVENTH
JUDICIAL CIRCUIT TO STAY PROCEEDINGS UNTIL FURTHER ACTION BY CITY
COMMISSION AND CRIMINAL INVESTIGATION IS COMPLETED.
Vice Chairman Gort: OK. Now, we're going to have the special session.
Alejandro Vilarello (City Attorney): Commissioner, I just have an announcement before you go into the
special session.
Commissioner Teele: Mr. Chairman, Mr. Attorney.
Mr. Vilarello: Yes, sir.
Commissioner Teele: I would move that we go into the closed session to discuss the pending litigation as
advertised in the media regarding the case.
Commissioner Sanchez: Second.
Commissioner Teele: You want to put the case —
Mr. Vilarello: Members of the Commission, I will make some announcements for the purpose of the
public record. As you go into — the session is scheduled to be in Commissioner Gort's conference room.
As you go in, please wait for the court reporter to arrive before discussions on the item begin. And I'll
proceed with the notices that are required by Florida Statute. The City Commission is authorized by
Florida Statute 286.0118 to have a closed attorney/client session with regard to any pending litigation. In
this case, it's. with regard to the pending litigation involving Donald Warshaw versus Joe Carollo
individually and Joe Carollo in his capacity as Mayor of the City of Miami, and the City of Miami in the
Circuit Court of Dade County, Case Number 00 -1 1244 -CA -05, to which the City is currently a party. The
closed door session will begin approximately at 9:43 this morning. You will reconvene at the end of that
discussion and close the executive session in Commission chambers. The session — you all can proceed
now. I'm just going to announce who are the individuals who will be in attendance. The session will be
attended by the members of the City Commission, Wifredo Gort, Joe Sanchez, Tomas Regalado, Arthur
Teele, Johnny Winton; the City Manager, Carlos Gimenez and counsel for the City, Nina Brown and
Michael Fertig. A certified court reporter will be present to insure the session is fully transcribed, and said
transcript will be made part of the public record at the conclusion of the litigation.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 9:44 A.M. AND
RECONVENED AT 10:32 A.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
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Vice Chairman Gort: OK. At this time, we will reopen the Commission meeting and close the special
session. Do I have a motion? We need to —
Joel Maxwell (Assistant City Attorney): No, no. First of all, you open this meeting back up.
Vice Chairman Gort: I did.
Mr. Maxwell: And then announce the executive session has been closed.
Vice Chairman Gort: I already did.
Mr. Maxwell: OK. The record shall reflect the executive session is now closed. The regular Commission
meeting is now in session.
Vice Chairman Gort: The regular Commission meeting is in session right now. Do I have a motion?
Commissioner Regalado: Commissioner, for what?
Vice Chairman Gort: To give instructions to our attorneys.
Commissioner Sanchez: Mr. Chairman.
Commissioner Regalado: OK. Go ahead.
Commissioner Sanchez: If I may. This is very convoluting with a lot of legal opinions and legal
recommendations made. While going over the legal representations, advice on all this matter, a lot of
things have come to light that I think are very prudent on this, and we've made it very clear that whatever
decision is made here, first of all, it has to be approved by the Oversight. In the entire process that has led
to this litigation, I strongly believe that a lot of the actions that were taken by Mr. Warshaw were, I
believe, outside his capacity as the City Manager, which I'm sure that all this will be intertwined into what
will be a long, drawn out court battle that would once again put this City in the front page. Now, it's — we
all know that there's a criminal investigation going on in this matter. And the decision was made to fire
Mr. Warshaw, which was the decision made by the Mayor. It's very important that we make that very
clear. The Mayor made the firing. This legislative body had one option only, and it was to overturn his
firing by a four/fifths vote, which it did not do. But, however, taking the legal advice through our
representation of counsel and having been briefed by the counsel, I would move that a settlement be
settled with full release from the City of Miami to reduce and also to put in there that they will pay our
legal fees. And that is my motion on this matter.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Regalado: Yes. I'll second. I'll second the motion. And I just want to place on the record
a reminder that this Commission offered the former City Manager payment of the severance in exchange
for releases of all legal cases, and this was not accepted, and they decided to go to court. This is why I
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agreed with the motion, that what triggered the legal case that is costing the City and that it would be
deducted from this settlement was the actions of the other party that filed suit by not accepting the
settlement, the first offer of settlement of the City Commission. And as explained by our counsel, I would
like also to amend this motion. If they were not ready to accept the settlement, then the counsel for the
City should request a stay of the case until every and all criminal investigations are over. So that would be
my amendment. I don't know if the maker of the motion would —
Commissioner Sanchez: Accept it.
Vice Chairman Gort: The maker of the motion accepts the amendment. Any further discussion? My
understanding is the — what we're talking about is, Mr. Manager, the numbers where we talked about it,
and the numbers that you and the staff looked at, and you were waiting for the opinion from the — which
is, my understanding, a hundred and sixty-two thousand minus the deduction of the fees.
Carlos Gimenez (City Manager): Yes, sir. To the best of my recollection, that number is roughly a
hundred and sixty-two thousand dollars.
Vice Chairman Gort: OK. So this motion is instructing our attorneys to do so. All in favor state it by
saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 00-591
A MOTION AUTHORIZING THE CITY ATTORNEY TO INSTRUCT
SPECIAL COUNSEL FOR THE CITY, NAMELY, NINA K. BROWN
AND MICHAEL FERTIG, FROM THE LAW FIRM OF AKERMAN
SENTERFITT & EIDSON P.A. TO SEEK SETTLEMENT IN THE
PENDING LITIGATION OF DONALD H. WARSHAW VERSUS JOE
CAROLLO, INDIVIDUALLY, JOE CAROLLO IN HIS CAPACITY AS
MAYOR OF THE CITY OF MIAMI AND THE CITY OF MIAMI;
FURTHER INSTRUCTING TO INCLUDE AS PART OF THOSE
SETTLEMENT COSTS ALL LITIGATION FEES AS IT PERTAINS TO
THE MIAMI CITY COMMISSION; FURTHER STIPULATING THAT
IF THE ATTORNEYS REPRESENTING DONALD H. WARSHAW DO
NOT ACCEPT A SETTLEMENT AGTEEMENT, THEN SPECIAL
COUNSEL FOR THE CITY SHALL MOVE THE ELEVENTH
JUDICIAL CIRCUIT TO STAY PROCEEDINGS UNTIL FURTHER
ACTION CAN BE TAKEN BY THE CITY COMMISSION AND
CRIMINAL INVESTIGATION PRESENTLY BEING CONDUCTED IS
COMPLETED.
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Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Vice Chairman Gort: Thank you. That's your instructions.
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3. CONSENT AGEND
Vice Chairman Gort: Consent agenda. Does anyone have an item they would like to be pulled out of the
consent agenda?
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: It's 10:30. If we work, we can get through this agenda if we minimize. So I would
like to move the consent agenda, and serve as your hammer to try to get this thing done today.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Winton: Second. Second.
Vice Chairman Gort: Anyone in the public who would like to address any of the items in the consent
agenda? Is there anyone in the public who would like to address any item in the consent agenda? Being
none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
Note for the Record: CODE SEC. 2-33(J) STIPULATES THAT THE CONSENT AGENDA ITEMS
THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION
SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT
REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION.
THEREUPON, MOTION DULY MADE BY COMMISSIONER TEELE AND SECONDED BY
COMMISSIONER WINTON, THE CONSENT AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
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3.1 ACCEPT BID OF BEST'S MAINTENANCE AND JANITORIAL SERVICES FOR
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, FOR PROVISION OF CUSTODIAL
SERVICES FOR EIGHT (8) NEIGHBORHOOD ENHANCEMENT TEAM ("NET") SERVICE
CENTERS, $19,680; ALLOCATING FUNDS FROM GENERAL SERVICES ADMINISTRATION,
$2,940 FOR FY '99-00; AND NET ADMINISTRATION $340 FOR FY '99-00; AND NET
ADMINISTRATION $16,400 FOR FY '00-01.
RESOLUTION NO. 00-592
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF BEST'S MAINTENANCE AND JANITORIAL
SERVICES, UNDER INVITATION FOR BIDS NO. 99-00-137, FOR
THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION,
FOR THE PROVISION OF CUSTODIAL SERVICES FOR EIGHT (8)
NEIGHBORHOOD ENHANCEMENT TEAM ("NET") SERVICE
CENTERS, ON A CONTRACT BASIS FOR ONE (1) YEAR, WITH
THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR
PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $19,680;
ALLOCATING FUNDS THEREFOR FROM: GENERAL SERVICES
ADMINISTRATION, ACCOUNT CODE NO. 513000.421001.6.340, IN
THE AMOUNT OF $2,940 FOR FY '99-00; AND NET
ADMINISTRATION ACCOUNT CODE NO. 145001.251113.6.340 IN
THE AMOUNT OF $340 FOR FY '99-00; AND NET
ADMINISTRATION ACCOUNT CODE NO. 145001.251113.6.340, IN
THE AMOUNT OF $16,400 FOR FY '00-01.
3.2 ACCEPT BID OF ACHIEVEMENT PRODUCTS, INC., FOR PROCUREMENT OF
EMPLOYEE SERVICE AWARD EMBLEMS FOR DEPARTMENT OF HUMAN RESOURCES,
$46,117; ALLOCATING FUNDS FROM SPECIAL PROGRAMS AND ACCOUNTS.
RESOLUTION NO. 00-593
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF ACHIEVEMENT PRODUCTS, INC., PURSUANT TO
INVITATIONS FROM BID NO. 99-00-140R, FOR THE
PROCUREMENT OF EMPLOYEE SERVICE AWARD EMBLEMS
FOR THE DEPARTMENT OF HUMAN RESOURCES, IN AN
AMOUNT NOT TO EXCEED $46,117 ANNUALLY, ON A
CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS; ALLOCATING FUNDS THEREFOR FROM SPECIAL
PROGRAMS AND ACCOUNTS, ACCOUNT NO.
00 1000.921002.6.692.
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3.3 APPROVE PROCUREMENT OF BULK LIQUID CHLORINE AND RENTAL OF CHLORINE
STORAGE TANKS FROM COMMERCIAL ENERGY SPECIALISTS,_ INC., $35,500.
RESOLUTION NO. 00-594
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PROCUREMENT OF BULK LIQUID CHLORINE AND THE
RENTAL OF CHLORINE STORAGE TANKS FROM COMMERCIAL
ENERGY SPECIALISTS, INC., UNDER EXISTING FLORIDA
INTERNATIONAL UNIVERSITY ("FIU") CONTRACT NO. 96-102,
EFFECTIVE THROUGH JUNE 30, 2001, AT A TOTAL ANNUAL
AMOUNT NOT TO EXCEED $35,500, WITH UNIT PRICING TO BE
ESTABLISHED BY FIU, PURSUANT TO THE TERMS AND
CONDITIONS OF THE CONTRACT; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 001000.580301.6.70472.
3.4 AUTHORIZE CONTRIBUTION TO NEW BETHEL BAPTIST CHURCH SUMMER CAMP
YOUTH PROGRAM, ALLOCATING $5,000 FROM LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO. 00-595
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING A CONTRIBUTION TO THE NEW BETHEL
BAPTIST CHURCH SUMMER CAMP YOUTH PROGRAM, AND
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $5,000, FROM THE LAW ENFORCEMENT TRUST FUND,
PROJECT NUMBERS 690001, 690002, AND 690003, SUCH
EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE
TREASURY'S "GUIDE TO EQUITABLE SHARING," AND SECTION
932.7055, FLORIDA STATUTES, AS AMENDED.
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3.5 AUTHORIZE ACQUISITION OF CONSULTING SERVICES FROM GARTNER GROUP TO
PROVIDE INFORMATION TECHNOLOGY RESEARCH AND INFORMATIONAL SERVICES
RELATED TO- IMAGING AND DOCUMENT WORK FLOW AND INTERNET FOR DEPARTMENT
OF INFORMATION TECHNOLOGY, $40,000.
RESOLUTION NO. 00-596
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ACQUISITION OF CONSULTING SERVICES
FROM THE GARTNER GROUP, "EXCLUSIVE GALAXY
MEMBERSHIP," TO PROVIDE INFORMATION TECHNOLOGY
RESEARCH AND INFORMATIONAL SERVICES RELATED TO
IMAGING AND DOCUMENT WORK FLOW AND THE INTERNET
AND FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY
AT A REDUCED RATE, UTILIZING STATE OF FLORIDA
CONTRACT NO. 973-501-97-1, EFFECTIVE THROUGH MAY 31,
2003, AND SUBJECT TO FURTHER EXTENSIONS BY THE STATE
OF FLORIDA, FOR A ONE-YEAR PERIOD, IN AN AMOUNT NOT
TO EXCEED $40,000, WITH THE CITY'S OPTION TO RENEW FOR
TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL
AMOUNT NOT TO EXCEED $50,000; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 001000.460101.6.335 FOR
SAID SERVICES.
3.6 APPROVE PROCUREMENT OF TWO JOHN DEERE TRACTORS, MODEL 5310, FOR
DEPARTMENT OF PARKS AND RECREATION FROM JOHN DEERE COMPANY, $35,162.04;
ALLOCATING FUNDS FROM DEPARTMENT OF PARKS AND RECREATION, VIRGINIA KEY
BEACH OPERATIONS DIVISION.
RESOLUTION NO. 00-597
A RESOLUTION OF THE CITY OF MIAMI COMMISSION
APPROVING THE PROCUREMENT OF TWO JOHN DEERE
TRACTORS, MODEL 5310, WITH OPTIONS, FOR THE
DEPARTMENT OF PARKS AND RECREATION FROM THE JOHN
DEERE COMPANY, UNDER EXISTING STATE OF FLORIDA
CONTRACT NO. 765-900-99-1, EFFECTIVE THROUGH APRIL 30,
2001, SUBJECT TO FURTHER EXTENSIONS BY THE STATE OF
FLORIDA, IN A TOTAL AMOUNT NOT TO EXCEED $35,162.04;
ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF
PARKS AND RECREATION, VIRGINIA KEY BEACH OPERATIONS
DIVISION ACCOUNT CODE NO. 001000.580303.6.840.
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3.7 AUTHORIZE CONTRIBUTION TO FOUNDATION OF COMMUNITY ASSISTANCE &
LEADERSHIP ("FOCAL"), AND ALLOCATING $20,644 FROM LAW ENFORCEMENT TRUST
FUND.
RESOLUTION NO. 00-598
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING A CONTRIBUTION TO THE FOUNDATION OF
COMMUNITY ASSISTANCE & LEADERSHIP ("FOCAL"), AND
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $20,644, FROM THE LAW ENFORCEMENT TRUST FUND,
PROJECT NUMBERS 69001, 69002 AND 69003, SUCH
EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE
TREASURY AND JUSTICE'S "GUIDE TO EQUITABLE SHARING,"
AND SECTION 932.7055, FLORIDA STATUTES, AS AMENDED.
3.8 AUTHORIZE $7,000 FROM 25TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
("CDBG") FUND FOR REHABILITATION OF EL MILAGRO CARE CENTER IN LITTLE HAVANA
TARGET AREA; DESIGNATE SMALL BUSINESS OPPORTUNITY CENTER, INC. ("SBOC") AS
ORGANIZATION TO IMPLEMENT PROGRAM AND DISBURSE FUNDSTO PARTICIPANT.
RESOLUTION NO. 00-599
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT
OF $7,000 FROM THE 25TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT ("CDBG") FUND, PROJECT NO. 799613, FOR THE
REHABILITATION OF EL MILAGRO CARE CENTER LOCATED IN
THE LITTLE HAVANA TARGET AREA AS A PROJECT OF THE
CITYWIDE COMMERCIAL CODE COMPLIANCE PROGRAM,
DESIGNATING THE SMALL BUSINESS OPPORTUNITY CENTER,
INC. ("SBOC") AS THE ORGANIZATION TO IMPLEMENT THE
PROGRAM AND DISBURSE FUNDS TO THE PARTICIPANT; AND
AUTHORIZING. THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSE.
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3.9 AUTHORIZE $6,790 FROM 25TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
("CDBG") FUNDS, FOR REHABILITATION OF FIVE (5) BUSINESSES LOCATED IN LITTLE
HAVANA AREA; DESIGNATE SMALL BUSINESS OPPORTUNITY CENTER, INC. ("SBOC") AS
ORGANIZATION TO IMPLEMENT PROGRAM AND TO DISBURSE FUNDS TO THE PROGRAM
PARTICIPANTS.
RESOLUTION NO. 00-600
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT
OF $6,790 FROM THE 25TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT ("CDBG") FUNDS, PROJECT NO. 799602, FOR THE
REHABILITATION OF FIVE (5) BUSINESSES LOCATED IN THE
LITTLE HAVANA AREA AS A PROJECT OF THE CITYWIDE
COMMERCIAL FAQADE PROGRAM; DESIGNATING THE SMALL
BUSINESS OPPORTUNITY CENTER, INC. ("SBOC") AS THE
ORGANIZATION TO IMPLEMENT THE PROGRAM AND TO
DISBURSE FUNDS TO THE PROGRAM PARTICIPANTS; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY FOR SAID PURPOSE.
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3.10 AUTHORIZE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA TO
CONSTRUCT AND MAINTAIN A PEDESTRIAN OVERPASS AND WALKWAY OVER AND
ACROSS A PUBLIC UTILITY EASEMENT, LOCATED ON BOOKER T. WASHINGTON SENIOR
HIGH SCHOOL.
RESOLUTION NO. 00-601
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE SCHOOL BOARD OF MIAMI -DARE COUNTY,
FLORIDA ("SCHOOL BOARD") TO CONSTRUCT AND MAINTAIN
A PEDESTRIAN OVERPASS AND WALKWAY OVER AND
ACROSS A PUBLIC UTILITY EASEMENT, LOCATED ON THE
BOOKER T. WASHINGTON SENIOR HIGH SCHOOL, TRACT "B,"
NORTH OF NORTHWEST 11TH TERRACE BETWEEN THE
EXISTING SCHOOL FACILITY AND THE PROPOSED
CLASSROOM ADDITION WITH A MINIMUM CLEARANCE OF 12
FEET ABOVE THE SURFACE OF THE PUBLIC UTILITY
EASEMENT, CONDITIONED UPON THE SCHOOL BOARD
EXECUTING A COVENANT TO INDEMNIFY IN FAVOR OF THE
CITY OF MIAMI; PROVIDING FOR A PROCEDURE FOR THE
REMOVAL OF THE OVERPASS AND WALKWAY UPON FAILURE
OF THE SCHOOL BOARD TO MAINTAIN THE OVERPASS AND
WALKWAY; AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY FOR SAID PURPOSES.
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3.11 AUTHORIZE UNITED STATES GENERAL SERVICES ADMINISTRATION ("GSA")
TO CONSTRUCT AND MAINTAIN A PEDESTRIAN WALKWAY UNDER AND ACROSS NORTH
MIAMI AVENUE, APPROXIMATELY 217 FEET NORTH OF NORTHWEST 3' STREET
BETWEEN PROPOSED UNITED STATES COURTHOUSE BUILDING AND EXISTING FEDERAL
JUSTICE CENTER BUILDING.
RESOLUTION NO. 00-602
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE UNITED STATES GENERAL SERVICES
ADMINISTRATION ("GSA") TO CONSTRUCT AND MAINTAIN A
PEDESTRIAN WALKWAY UNDER AND ACROSS NORTH MIAMI
AVENUE, APPROXIMATELY 217 FEET NORTH OF NORTHWEST
3' STREET BETWEEN THE PROPOSED UNITED STATES
COURTHOUSE BUILDING AND THE EXISTING FEDERAL
JUSTICE CENTER BUILDING, CONDITIONED UPON GSA
EXECUTING A COVENANT TO INDEMNIFY IN FAVOR OF THE
CITY OF MIAMI; PROVIDING FOR A PROCEDURE FOR THE
REMOVAL OF THE PEDESTRIAN WALKWAY UPON FAILURE OF
GSA TO MAINTAIN THE PEDESTRIAN WALKWAY;
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY FOR SAID PURPOSE.
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3.12 APPOINT AURORA BADIA, P.E., FROM DEPARTMENT OF PUBLIC WORKS AS
CHAIRPERSON OF COMPETITIVE SELECTION COMMITTEE TO EVALUATE SUBMITTALS
RECEIVED IN RESPONSE TO REQUEST FOR PROPOSALS FOR PROVISION OF TECHNICAL
CONSULTING SERVICES TO ASSESS EXISTING CITYWIDE 800 MHZ TRUNKED
COMMUNICATIONS RADIO SYSTEM AND CURRENT MARKET TECHNOLOGY, AND
DEVELOP A FIVE-YEAR PLAN TO REPAIR,. MODIFY AND MODERNIZE SAID SYSTEM FOR
THE DEPARTMENTS OF GENERAL SERVICES ADMINISTRATION, POLICE AND FIRE -
RESCUE.
RESOLUTION NO. 00-603
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
A. AURORA BADIA, P.E., A REPRESENTATIVE FROM THE
DEPARTMENT OF PUBLIC WORKS, AS CHAIRPERSON OF THE
COMPETITIVE SELECTION COMMITTEE TO EVALUATE THE
SUBMITTALS RECEIVED IN RESPONSE TO THE REQUEST FOR
PROPOSALS WHICH SOLICITED RESPONSES FOR THE
PROVISION OF TECHNICAL CONSULTING SERVICES TO ASSESS
THE EXISTING CITYWIDE 800 MHZ TRUNKED
COMMUNICATIONS RADIO SYSTEM AND CURRENT MARKET
TECHNOLOGY AND TO DEVELOP AN IMMEDIATE AND FIVE-
YEAR PLAN TO REPAIR, MODIFY, AND MODERNIZE SAID
SYSTEM FOR THE DEPARTMENTS OF GENERAL SERVICES
ADMINISTRATION, POLICE AND FIRE -RESCUE.
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4. APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE
ACQUISITION OF TWENTY (20) HOTDOG MONITORING SYSTEMS FOR DEPARTMENT OF
POLICE FROM CREVINALISTICS, INC., THE SOLE SOURCE PROVIDER, $10,160, TO MONITOR
TEMPERATURE CHANGES INSIDE CANINE DETAIL POLICE VEHICLES; ALLOCATING
FUNDS FROM LAW ENFORCEMENT TRUST FUND.
Vice Chairman Gort: Item 2.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: Second. Discussion. Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, yvho moved for its adoption:
RESOLUTION NO. 00-604
A RESOLUTION BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE
VOTE OF THE MIAMI CITY COMMISSION, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF SOLE
SOURCE, WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING PROCEDURES AND APPROVING THE
ACQUISITION OF TWENTY (20) HOTDOGTM MONITORING
SYSTEMS FOR THE DEPARTMENT OF POLICE FROM
CRIMINALISTICS, INC., THE SOLE SOURCE PROVIDER, IN AN
AMOUNT NOT TO EXCEED $10,160, TO MONITOR THE
TEMPERATURE CHANGES INSIDE CANINE DETAIL POLICE
VEHICLES; ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002
AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED
BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S.
DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE
SHARING," AND SECTION 932.7055, FLORIDA STATUTES, AS
AMENDED.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
16 7/20/00
•
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
17 7/20/00
5. APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE ACQUISITION AND
INSTALLATION OF FIRST -IN FIRE STATION ALERTING SYSTEM FOR DEPARTMENT OF
FIRE -RESCUE FROM WESTNET, INC., THE 'SOLE 'SOURCE PROVIDER, $30,000; FUNDED BY
THE FIRE ASSESSMENT.
Vice Chairman Gort: Item 3, sole source again.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: Discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-605
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, 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 ACQUISITION AND INSTALLATION OF A
FIRST -IN FIRE STATION ALERTING SYSTEM FOR THE
DEPARTMENT OF FIRE -RESCUE FROM WESTNET, INC., THE
SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED
$30,000; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 313303, ACCOUNT CODE NO.
289401.6.840, AS FUNDED BY THE FIRE ASSESSMENT.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
18 7/20/00
•
•
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
19 7/20/00
1-1
6. SECOND READING ORDINANCE: AMEND SECTION 2-923 OF THE CITY
CODE ENTITLED `BOARDS, COMMITTEES, COMMISSIONS" TO PERMIT
EXECUTIVE DIRECTOR OF INTERNATIONAL TRADE BOARD TO EXERCISE
DISCRETION REGARDING EXCUSABLE BOARD MEMBER ABSENCES.
Vice Chairman Gort: Fourth, (inaudible).
Commissioner Winton: So move.
Commissioner Teele: Second.
Vice Chairman Gort: This is an ordinance.
Note for the Record: The City Attorney read the pending ordinance into the public
record by title only.
Vice Chairman Gort: OK. 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, COMMITTEES,
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.
passed on its first reading, by title, at the meeting of June 8, 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
20 7/20/00
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11940.
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.
21 7/20/00
7. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 11912 WHICH
ESTABLISHED A NEW SPECIAL REVENUE FUND ENTITLED: "MIAMI -DADS COUNTY EMS
GRANT AWARD (FY 99-00)," $236,857.10, FOR DEPARTMENT OF FIRE -RESCUE TO BE
ALLOCATED AS FOLLOWS: EMS EQUIPMENT, $70,857.10; RISK WATCH PROGRAM, $58,000;
CONFERENCES AND SEMINARS, $31,000; AND STATION ALERTING UPGRADE, $77,000.
Vice Chairman Gort: Item 5.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved.
Commissioner Winton: Second.
Vice Chairman Gort: Discussion. An ordinance, read it.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: OK, roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11912 WHICH ESTABLISHED AND
APPROPRIATED FUNDS FOR A NEW SPECIAL REVENUE FUND
ENTITLED: "MIAMI-DADE COUNTY EMS GRANT AWARD (FY
99-00)," THEREBY INCREASING APPROPRIATIONS IN THE
AMOUNT OF $120,000 RECEIVED AS CARRYOVER FUNDS FROM
PREVIOUS YEARS' GRANT AWARDS, FOR A TOTAL
ALLOCATION OF $236,857.10 FOR SAID FUND; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
22 7/20/00
passed on its first reading, by title, at the meeting of June 29, 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11941.
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.
23 7/20/00
8. SECOND READING ORDINANCE: AMEND SECTION 2-33 BY ADDING NEW
SUBSECTION (f) AND RELETTERING EXISTING SUBSECTIONS 2-33 (f) THROUGH (k) OF THE
CITY CODE "ADMINISTRATION/CITY COMMISSION/ORDER OF'BUSINESS AND RULES OF
PROCEDURE," TO PROVIDE THE FOLLOWING BE POSTED ON THE INTERNET: (1) CITY
COMMISSION AGENDA WITH AGENDAS DISTRIBUTION, (2) SUPPLEMENTAL AGENDA AND
INFORMATION RELATED TO UPCOMING AGENDA WITH ITS DISTRIBUTION, AND (3) CITY
CLERK'S REPORT AFTER RELEASE OF BY CITY CLERK AFTER A CITY COMMISSION
MEETING.
Vice Chairman Gort: Item 6, second reading.
Commissioner Sanchez: So move.
Commissioner Winton: Second.
Commissioner Teele: Mr. Chairman. Thank you, Lord.
Vice Chairman Gort: Second reading. Moved and seconded. Read the ordinance.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE II OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ADMINISTRATION/CITY COMMISSION/ORDER OF
BUSINESS AND RULES OF PROCEDURE," TO PROVIDE THAT
THE FOLLOWING BE POSTED ON THE INTERNET: (1) THE CITY
COMMISSION AGENDA SIMULTANEOUS WITH THE AGENDA'S
DISTRIBUTION, (2) THE SUPPLEMENTAL AGENDA AND ANY
INFORMATION RELATED TO THE UPCOMING AGENDA
SIMULTANEOUS WITH ITS DISTRIBUTION, AND (3) THE CITY
CLERK'S REPORT AND ANNOTATIONS TO THE AGENDA
IMMEDIATELY AFTER RELEASE OF SAME BY THE CITY CLERK
AFTER A CITY COMMISSION MEETING; MORE PARTICULARLY
BY AMENDING SECTION 2-33 BY ADDING NEW SUBSECTION (f)
AND RELETTERING EXISTING SUBSECTIONS 2-33(f) THROUGH
(k) OF THE CODE; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
24 7/20/00
passed on its first reading, by title, at the meeting of June 29, 2000, was taken up for its second and final
reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner
Winton, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L.Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11942.
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.
25 7/20/00
9. FIRST READING ORDINANCE: ESTABLISH A SPECIAL REVENUE FUND
ENTITLED: "AUTO THEFT PREVENTION FUND"; AND APPROPRIATE $5,000
RECEIVED BY CITY AS A CONTRIBUTION FROM MIAMI-DADE CIRCUIT AND
COUNTY COURTS.
Vice Chairman Gort: Proposed ordinance, Item 7 is Auto Theft Fund, accepting five
thousand dollars ($5,000).
Commissioner Teele: So move, Mr. Chairman.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and seconded. Read it.
Note for the Record: The City Attorney read the pending ordinance into the public
record by title only.
Vice Chairman Gort: Call the roll.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "AUTO
THEFT PREVENTION FUND," AND APPROPRIATING FUNDS IN
THE AMOUNT OF $5,000, RECEIVED BY THE CITY AS A
CONTRIBUTION FROM THE MIAMI-DADE CIRCUIT AND
COUNTY COURTS; AUTHORIZING THE CITY MANAGER TO
ACCEPT THE FUNDS AND TO EXECUTE THE NECESSARY
DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY FOR SAID PURPOSES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was
passed on first reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
26 7/20/00
10. (A) AUTHORIZE MANAGER TO EXECUTE CONSENT AGREEMENT BETWEEN THE
CITY, CALOR DEVELOPMENT, LTD., AND MIAMI-DADE COUNTY DEPARTMENT OF
ENVIRONMENTAL RESOURCES MANAGEMENT.
(B) REFER TO WATERFRONT ADVISORY BOARD ISSUE OF USE BY CALOR
DEVELOPMENT, LTD. OF DOCKING SLIP LOCATED ADJACENT TO AMERICAN AIRLINES
ARENA, EAST OF BISCAYNE BOULEVARD AND NORTH OF THE THEORETICAL EXTENSION
OF N.E. 8T11 STREET.
(C) MANAGER TO PROVIDE WATERFRONT ADVISORY BOARD WITH PERTINENT
DETAILS CONCERNING PROPOSED PLANNING AND USE OF WATSON ISLAND;
ADMINISTRATION TO CONDUCT AT LEAST ONE PUBLIC HEARING ON SAID MATTER
PRIOR TO BRINGING ISSUE BACK TO COMMISSION FOR CONSIDERATION.
Vice Chairman Gort: Items 8, 9 and 10 have been withdrawn.
Commissioner Teele: Move Item 11, Mr. Chairman.
Vice Chairman Gort: Eleven has been moved. Consent agreement between. the City of Miami, and Calor
Development and Miami -Dade County.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Discussion. Yes, sir.
Jack King: Mr. Chairman, my name is Jack King. I'm a member of the City of Miami's Waterfront
Advisory Board. I would like to advise you that this particular item has not come before the Waterfront
Advisory Board, and I believe that is in contradiction to the City ordinance.
Commissioner Regalado: It's got to go back to them.
Lori Billberry (Director, Asset Management): If I may. Lori Bilberry, Director of Asset Management.
What Mr. King is referring to, though, is the use that is there, not the consent order, I believe. This is —
was a violation notice that was issued for the construction of the floating docks, and we need to resolve
this matter. We have — the board requested from the attorney at the Waterfront Board if revocable licenses
are a matter that should be presented to the Waterfront Board. That, to the best of my knowledge, though,
has not been resolved and they have not been taken in the past.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: I'm prepared to move that the matter of the use be reviewed by the Waterfront
Board and be reported to us within 60 days. But this is a matter relating to a violation, and I think the
attorneys would opine and Management that we don't want to start sending issues relating to violations to
advisory boards, unless the advisory boards are prepared to step up and pay the fines for the delays, which
I'm sure they're not prepared to do. The use issue is appropriate, and I'm willing to move that as a matter
for you all to review.
27 7/20/00
® ®.
Mr. King: Thank you, Mr. Commissioner. But please understand that the reason there is a violation here
is because it was done without the permission and the knowledge of the City. And we're going back and
you — by allowing this to be resolved this way, you're saying that, you know, they can undo this, and the
slip is already built.
Commissioner Teele: I thought this was a 30 -day permit.
Ms. Bilberry: Yes, sir. That is not correct. They did do this permit with the City's knowledge. The thing
is that they had initially received only a temporary permit for the floating dock, and that's what they're in
violation of.
Commissioner Teele: Is this a permanent permit or is this a 30 -day permit?.
Ms. Bilberry: It is a — the use is a revocable license agreement with the City with 30 -day revocation.
Commissioner Teele: Then why can't we send this to the board? And if there is a big problem, they can
make any advice. They're not at all prejudiced by — if it's a 30 -day, if it's really a 30 -day permit.
Ms. Bilberry: That's correct. We can send it to the board. I'm just saying this violation was done, as far
as the permit application to DERM (Department of Environmental Resource Management), was done with
the City's knowledge.
Vice Chairman Gort: OK. Let me ask you a question. If the board decides that they don't want to settle
this, what happens?
Commissioner Teele: Nothing. That will be advice to us, and then we'll have to debate and decide that.
Vice Chairman Gort: OK.
Alejandro Vilarello (City Attorney): Mr. Chairman, I think the motion is to approve this item and refer
the use of it back to the Waterfront Advisory Board.
Commissioner Teele: Exactly. That's exactly my motion.
Mr. Vilarello: If the board advises this City Commission not to continue that relationship, then this City
Commission can take action on that.
Commissioner Teele: Exactly.
Commissioner Winton: We'll go for that.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
28 7/20/00
Vice Chairman Gort: Thank you.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-606
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSENT AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY
OF MIAMI ("CITY"), CALOR DEVELOPMENT, LTD. ("CALOR"),
AND THE MIAMI-DADE COUNTY DEPARTMENT OF
ENVIRONMENTAL RESOURCES MANAGEMENT ("DERM"),
SUBJECT TO CALOR EXECUTING AN INDEMNIFICATION
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, REQUIRING CALOR TO COMPLY WITH ALL
REQUIREMENTS IMPOSED UPON THE CITY AND CALOR,
PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN
THE AGREEMENT.
(Here follows body of the 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Twelve.
Commissioner Teele: Just so that it's clear, I would move that the use issue be referred to the Waterfront
Board, and that the Waterfront Board shall report back to the Commission within 90 days a
recommendation or no recommendation on the matter.
Commissioner Sanchez: On this particular item?
Commissioner Teele: On this particular — on the use.
29 7/20/00
•
Commissioner Sanchez: On the use.
Vice Chairman Gort: There's a motion.
Commissioner Winton: Second.
Vice Chairman Gort: On the use.
Commissioner Sanchez: Second.
Vice Chairman Gort: Moved and seconded.
Commissioner Teele: Is that satisfactory?
Mr. King: That's fine, yes.
Vice Chairman Gort: Discussion. Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you, Mr. King.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-607
A MOTION TO REFER TO THE CITY OF MIAMI WATERFRONT
ADVISORY BOARD THE ISSUE OF USE BY CALOR
DEVELOPMENT, LTD. OF DOCKING SLIP LOCATED ADJACENT
TO THE AMERICAN AIRLINES ARENA, EAST OF BISCAYNE
BOULEVARD AND NORTH OF THE THEORETICAL EXTENSION
OF N.E. 8TH STREET; FURTHER STIPULATING THAT THE
WATERFRONT ADVISORY BOARD BRING BACK TO THE CITY
COMMISSION, WITHIN NINETY (90) DAYS, A REPORT IN
CONNECTION WITH AFOREMENTIONED ISSUES.
30 7/20/00
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: Just on the Waterfront Board. We know that there have been several
discussions between the City and the County regarding the use of part of Watson Island. This has not
come before the Waterfront Board. I'm told that they have requested information about those talks and
meetings, and they have not received any information. We have not received any information, by the way.
But I think that it was the will of this Commission that this board will get briefed on all the issues relating
to waterfront lands.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: If you would make the motion, I would be pleased to second, instructing the
management to provide a detailed briefing to the Waterfront Advisory Board on the Watson Island uses
that are being contemplated. And further, that there shall be a public hearing associated with it prior to it
coming before this Commission, at least, so that there can be a public discussion on it.
Vice Chairman Gort: There's a motion. And a second?
Commissioner Winton: Second.
Commissioner Regalado: Second.
Vice Chairman Gort: Further discussion?
Commissioner Teele: The motion is by Commissioner Regalado.
Commissioner Regalado: It's my motion.
31 7/20/00
Vice Chairman Gort: Commissioner Regalado makes the motion. Commissioner Teele —
Commissioner Winton: Second.
Vice Chairman Gort: Commissioner Winton seconds. Any further discussion?
Commissioner Sanchez: What was the motion? I'm sorry.
Commissioner Teele: Is that the management be instructed — that the management be instructed to
provide a detailed briefing to the Waterfront Advisory Board on any matters and all matters relating to the
proposed or planned uses of Watson Island. And in either event, before the matter is referred to the
Commission that there should be at least one public hearing in which the entire public will be advised
before it comes to this Commission.
Commissioner Sanchez: (Inaudible)..
Vice Chairman Gort: OK. All in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 00-608
A MOTION INSTRUCTING THE CITY MANAGER TO PROVIDE
THE WATERFRONT ADVISORY BOARD WITH PERTINENT
DETAILS CONCERNING THE PROPOSED PLANNING AND USE OF
WATSON ISLAND; FURTHER INSTRUCTING THE
ADMINISTRATION TO CONDUCT AT LEAST ONE PUBLIC
HEARING ON SAID MATTER PRIOR TO BRINGING THIS ISSUE
BACK TO THE COMMISSION FOR ITS CONSIDERATION.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
32 7/20/00
11. DECLARE PARCEL OF CITY -OWNED REAL "PROPERTY LOCATED AT 27 SOUTHWEST
NORTH RIVER DRIVE, AS SURPLUS AND AUTHORIZE SALE OF PROPERTY, $65,000, TO
ICARE BAY POINT SCHOOLS, INC.
Vice Chairman Gort: Item 13, sale of the 27 Southwest North River Drive.
Commissioner Sanchez: So move. w
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second. Any discussion? Being none—
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: I would like to add as an amendment that the management and the Attorney look to
determine, after this motion is completed, if there is any way this transaction – I'll just pass. I'll –
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-609
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), DECLARING A PARCEL OF CITY -OWNED
REAL PROPERTY LOCATED AT 27 SOUTHWEST NORTH RIVER
DRIVE, MIAMI, FLORIDA, (THE "PROPERTY"), LEGALLY
DESCRIBED IN EXHIBIT "A," ATTACHED HERETO AND MADE A
PART HEREOF, AS SURPLUS AND AUTHORIZING THE SALE OF
THE PROPERTY IN AN AMOUNT NOT TO EXCEED $65,000, TO
ICARE BAY POINT SCHOOLS, INC., A FLORIDA NOT-FOR-
PROFIT CORPORATION ("ICARE"); AUTHORIZING THE CITY
MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT
(THE "AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED
FORM, IN ACCORDANCE WITH THE TERMS AND CONDITIONS
SET FORTH IN THE AGREEMENT, WHICH TERMS MAY ME
AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY
TO EFFECTUATE THE SALE IN AN EXPEDITIOUS MANNER.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
33 7/20/00
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Commissioner Teele: Mr. Attorney and Mr. Manager, I would ask, respectfully, if you all would look into
this transaction and determine whether or not, under Florida law and our Charter that this action can be
done with nominal, as far as public use, for the public, for the public use as contemplated, for education
for this purpose. You know, we — on one hand, we turn around and we seek LETF (Law Enforcement
Trust Fund), Law Enforcement Trust Fund for the same usage. It seems to me we ought to try to be
consistent. And I'd just like a report at some point to see if there's any way this land could be granted
under our Charter for this public purpose. This is a not-for-profit.
Carlos Gimenez (City Manager): Yes, sir.
Commissioner Teele: All right.
Vice Chairman Gort: Thank you.
34 7/20/00
12. AUTHORIZE INCREASE IN CONTRACT WITH SOUTH FLORIDA MAINTENANCE
SERVICES FOR PROVISION OF MAINTENANCE SERVICES FOR EVENTS AT ORANGE BOWL
STADIUM, FOR DEPARTMENT OF CONFERENCES AND CONVENTIONS AND PUBLIC
FACILITIES, INCREASING FROM $100,000 TO $130,000; ALLOCATING FUNDS FROM ORANGE
BOWL OPERATING ACCOUNT.
Vice Chairman Gort: Item 14.
Commissioner Sanchez: So move, Mr. Chairman.
Vice Chairman Gort: Resolution authorizing a contract increase for events.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved. It's been seconded. Any further discussion? Being none, all in
favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-610
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE IN THE CONTRACT WITH SOUTH
FLORIDA MAINTENANCE SERVICES FOR THE PROVISION OF
MAINTENANCE SERVICES FOR EVENTS AT THE ORANGE BOWL
STADIUM, FOR THE DEPARTMENT OF CONFERENCES AND
CONVENTIONS AND PUBLIC FACILITIES, INCREASING THE
AMOUNT OF THE CONTRACT BY AN ADDITIONAL $30,000,
FROM $100,000 TO AN ANNUAL AMOUNT NOT TO EXCEED
$130,000; ALLOCATING FUNDS THEREFORE FROM THE ORANGE
BOWL OPERATING ACCOUNT CODE NO. 404000.350503.340.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
35 7/20/00
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
36 7/20/00
0 0
13. AMEND RESOLUTION NO. 00-349, WHICH AUTHORIZED CITY TO APPLY FOR
GRANTS FROM MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARK BOND PROGRAM
INTEREST EARNINGS ALLOCATION $282,000 TO REQUIRE THAT CITY PROVIDE DOLLAR
FOR DOLLAR CASH MATCH FOR GRANTS AWARDED BY PROGRAM. .
Vice Chairman Gort: Item 15 is withdrawn. Item 16, a resolution, Safe Neighborhood Parks.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: Authorizing the expenditure of two hundred and eighty-two thousand. It's been
moved and seconded. Further discussion? All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-611
A RESOLUTION OF THE CITY OF MIAMI COMMISSION,
AMENDING RESOLUTION NO. 00-349, WHICH AUTHORIZED THE
CITY OF MIAMI TO APPLY FOR GRANTS FROM THE MIAMI-
DADE COUNTY SAFE NEIGHBORHOOD PARK BOND PROGRAM
INTEREST EARNINGS ALLOCATION ("PROGRAM") IN THE
AMOUNT OF $282,000 TO THEREBY REQUIRE THAT THE CITY
OF MIAMI PROVIDE A DOLLAR FOR DOLLAR CASH MATCH
FOR GRANTS AWARDED BY THE PROGRAM.
(Here follows body of the 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
37 7/20/00
14. ACCEPTING THE PLAT ENTITLED CEDARS PARK.
Commissioner Teele: Move Item 18, Mr. Chairman.
Vice Chairman Gort: Eighteen, Cedars Park. This is much needed in my neighborhood.
Commissioner Winton: Second
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in
favor state by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-612
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, ACCEPTING THE PLAT ENTITLED CEDARS
PARK, A SUBDIVISION IN THE CITY OF MIAMI, SUUBJECT TO
ALL OF THE CONDITIONS OF THE PLAT AND STREET
COMMITTEE, AIND ACCEPTING THE DEDICATIONS SHOWN ON
SAID PLAT; ACCEPTING THE COVENANT TO RUN WITH THE
LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF
CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE
DEPARTMENT OF PUBLIC WORKS; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION
OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI -DARE
COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
38 July 20, 2000
Upon being seconded by Commissioner Winton, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None.
ABSENT: None.
39 July 20, 2000
15. ACCEPT BID OF INTERAMERICAN CAR RENTAL, INC. FOR PROVISION OF EIGHTY
(80) TO ONE HUNDRED (100) RENTAL VEHICLES FOR DEPARTMENT OF POLICE, $918,000;
ALLOCATING FUNDS FROM LAW ENFORCEMENT TRUST FUND.
Vice Chairman Gort: Nineteen, proposed resolution.
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: For the rentals. It's been moved. Is there a second?
Commissioner Regalado: 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 Sanchez, who moved for its adoption:
RESOLUTION NO. 00-613
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF INTERAMERICAN CAR RENTAL, INC., FOR THE
PROVISION OF EIGHTY (80) TO ONE HUNDRED (100) RENTAL
VEHICLES, FOR THE DEPARTMENT OF POLICE, AWARDED
PURSUANT TO INVITATION FOR BIDS NO. 99-00-134, ON A
CONTRACT BASIS FOR A PERIOD OF ONE YEAR WITH THE
OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR
PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $918,000;
ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001,
690002 AND 690003, SUCH EXPENDITURES HAVING BEEN
APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH
THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO
EQUITABLE SHARING," AND SECTION 932.7055, FLORIDA
STATUTES, AS AMENDED.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
40 7/20/00
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
41 7/20/00
E
7
16. DEFER PROPOSED AUTHORIZATION OF SETTLEMENT TO FINDINGS OF AUDIT
REPORT PREPARED BY OFFICE OF THE INSPECTOR GENERAL ON CITY COMMUNITY
PLANNING AND DEVELOPMENT PROGRAMS FOR 1995 AND 1996 ISSUED MARCH 26, 1998
(See #25).
Vice Chairman Gort: Nineteen -A, settlement relating to audit reports of March 26, 1998.
Alejandro Vilarello (City Attorney): Mr. Chairman, could I ask that this item be deferred to the end of the
meeting?
Vice Chairman Gort: No problem.
Note for the Record: At this point, Agenda Item 19-A was temporarily deferred.
42 7/20/00
17. (A) AMEND RESOLUTION NO. 99-957, WHICH AUTHORIZED PAYMENT TO MIAMI-
DADE COUNTY FOR DISPOSAL OF SOLID WASTE COLLECTED BY CITY, INCREASING
AMOUNT TO BE PAID MIAMI-DADE COUNTY FROM $8,384,400 TO $8,884,400.
(B) MANAGER TO PROVIDE COMMISSION WITH REPORT ON WHAT CITY HAS
DONE CONCERNING STATUS OF RECOUPING FEDERAL EMERGENCY MANAGEMENT
ADMINISTRATION ("FEMA") FUNDS TO CITY FOR TIPPING FEES CHARGED BY MIAMI-
DADE COUNTY; CITY ATTORNEY AND MANAGER TO NEGOTIATE AGREEMENT WITH
MIAMI-DADE COUNTY IN CONNECTION WITH PENDING ISSUES: [I.E. PILOT (PAYMENT IN
LIEU OF TAXES); PARKING SURCHARGE; PUBLIC WORKS ISSUES AS IT PERTAINS TO
MANNER IN WHICH CITY STREETS ARE TORN UP WATER AND SEWER AUTHORITY AS IT
PERTAINS TO' WATER -RELATED ISSUES]; ADMINISTRATION TO PROVIDE AN
ITEMIZATION OF PAYMENTS THAT ARE MADE BY CITY AS IT PERTAINS TO TIPPING FEES
VERSUS COST FOR GARBAGE COLLECTION; REQUEST TO REVIEW AGREEMENT WITH
MIAMI-DADE COUNTY FOR HOUSING OF POLICE HORSES' AT TROPICAL PARK AND
CONSIDER HAVING OUR OWN STABLES..
(C) MANAGER TO DIRECT DEPARTMENTS OF FINANCE, MANAGEMENT AND
BUDGET, SOLID WASTE AND OFFICE OF MEDIA RELATIONS TO PROVIDE RESIDENTS OF
CITY AN INFORMATIONAL MAILER IN CONNECTION WITH COSTS RELATED TO GARBAGE,
INCLUDING FEES CHARGED BY MIAMI-DADE COUNTY; MAILER TO BE USED AS PART OF
CITY'S TRIM NOTICES.
Vice Chairman Gort: Item 20, authorizing increased payment to Miami -Dade County for solid waste.
Commissioner Winton: So move.
Commissioner Regalado: Why is that?
Vice Chairman Gort: There's a motion. Is there a second, for discussion?
Commissioner Sanchez: I'll second it for discussion, with some clarifications.
Vice Chairman Gort: Seconded for discussion. Why the increase?
Fred Hobson (Assistant Director, Solid Waste): • This is as a result of Hurricane Irene, and also an
unexpected increase by Dade County on the tipping fees. I must say that most of this will be refunded by
FEMA (Federal Emergency Management Agency).
Vice Chairman Gort: Is this —
Commissioner Sanchez: Have we applied to FEMA to get reimbursed?
Carlos Gimenez (City Manager): I'm not sure. I believe we have, but I can get the answer for you.
Commissioner Sanchez: Can you provide me with a response to that? Because I —
43 7/20/00
Mr. Hobson: I know we have submitted all the expenses.
Frank Rollason (Assistant City Manager): Right. Frank Rollason, Assistant City Manager. We have
applied to FEMA. It's going through the process. We've got — multiple applications are in. Some are
through FEMA and some are through our insurance policy, because we had a provision that allowed us to
collect for operational expenses, and that's being worked out. Once the insurance is finished, then the
bulk will fall to FEMA.
Commissioner Sanchez: Frank, could you provide this Commission with a report of what you've done to
try to get reimbursement from them?
Mr. Rollason: What's the status of — right. Because Hurricane Georges is in there, and there's several
that are in there. So —
Commissioner Sanchez: OK. What are we looking at money wise?
Mr. Rollason: I think Irene was around three hundred thousand dollars ($300,000), was our expenses on
Irene.
Commissioner Regalado: OK. What you've done is the right thing, and we are going to get probably
reimbursed by FEMA on the tipping fees and all, on the expenses. But you said that there was an
unexpected raise. Would that be permanent?
Mr. Hobson: By Dade County, yes, it would be permanent.
Commissioner Regalado: And do we have a contract or something that they can — they can just raise
whatever they want?
Mr. Hobson: In the —
Mr. Vilarello: No.
Vice Chairman Gort: That was my next question.
Mr. Vilarello: No. It's not an unexpected raise. It is a scheduled increase in the Interlocal Agreement,
correct?
Mr. Hobson: Well, it says they could if they — you know, and they did. And we didn't expect them to.
Vice Chairman Gort: Well, I understand. But my question, I think that is being asked, is that part of a
legal contract that we have with Dade County?
Mr. Hobson: Yes. Yes.
Vice Chairman Gort: It is. The problem is you were not notified within a certain time.
44 7/20/00
Mr. Hobson: Prior to preparing the budget.
Vice Chairman Gort: And FEMA is paying back some of the funds, because there was additional garbage
because of emergency?
Mr. Rollason: Right. In other words, the extra debris that was on the street, people that lost electric
service, et cetera. We ran into the same — not to the scale, but the same type thing that we did with
Andrew. So as we submit those additional tipping fees above and beyond what normally is paid, it is
attributed to Irene.
Commissioner Regalado: Well, what you mean is that only additional tipping fees will be subjected to the
raise, or all tipping fees will be subjected to the raise?
Mr. Rollason: All the tipping fees are going to be subjected to the raise. It's just that in this case —
Commissioner Regalado: Yeah, in this case, we're going to get reimbursed.
Mr. Rollason: -- because of the large amount we had, we're going to get reimbursed.
Commissioner Regalado: But after this reimbursement, we're going to be paying more.
Mr. Rollason: That is correct. And that is accounted for in the budget for next year.
Vice Chairman Gort: OK. So that was part of the contract, and that increase was -- Was that increase
created because of the disasters that we had or -- ?
Mr. Rollason: No.
Vice Chairman Gort: No. It's a scheduled —
Mr. Hobson: No.
Vice Chairman Gort: OK. Thank you.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Mr. Rollason, what percentage of the Solid Waste budget is tipping fees,
approximately?
Mr. Rollason: It is a big piece. Forty-five, 50 percent.
Mr. Hobson: Forty-five, 50 percent.
45 7/20/00
Commissioner Teele: See, I think we need to just keep this thing before us, because every time the
County raises these numbers, you know, if we don't raise the numbers on the people whose garbage is
being picked up — and remember, this is strictly residential. Commercials are disposed of separately.
Every time we approve an increase, we're increasing the cost to the City, which means we should be
passing that increase on to the homeowners. And .I think we've done a very, very bad job of
communicating to the homeowners why their garbage costs this much. So I'm going to — I mean,
personally, you know, I just — we keep getting nickel/dimed by the County on every issue. I mean, they
send one issue, one issue, one issue. And everybody votes for it, because everyone says, we don't want to
tie garbage to housing issues. For example, we've got an issue there, Mr. Attorney, we've asked you to
look for outside counsel. We've asked for a series of things. They pay us how much for impact of
housing, public housing?
Mr. Vilarello: With regard to the PILOT (payment in lieu of taxes), ten percent of the funds that they
receive from HUD (Department of Housing and Urban Development) is payable to the City as a PILOT.
But they're outstanding approximately one point six million dollars ($1.6 million) to the City.
Commissioner Winton: Yeah, they're not paying, if it's just what the original agreement called for, but
they're not paying that amount.
Mr. Vilarello: Correct, the PILOT. being a payment in lieu of taxes agreement.
Commissioner Teele: And that PILOT agreement, quite candidly, needs to be renegotiated. You know,
we're always responding to the County. The County does a great job, and I mean I commend them. And,
you know, they've got somebody right now that's sitting here, watching. They got a budget analyst that
sits here and watches all these Commission meetings. They'll make notes, and by two o'clock, Merritt
Stierheim will know what we're talking about. But, you know, somewhere, we've still not been able to
get this thing connected. We asked the previous Manager two or three times to make a list. I don't know
if a part of that transition that has happened or not happened, if those lists have been transferred over.
We've got issues relating to water, WASA (Water and Sewer Authority). We've got issues relating to
HUD. We've got issues relating to parking surcharge. We've got issues relating to the public works, of
how the streets are torn up by WASA, and the condition of the roads have not been restored. I mean,
we've got a whole laundry list of issues. And gentlemen, all we do is, one by one, approve their laundry
list of issues coming over to us. I really think we ought to at some point - maybe this isn't the one — but at
some point, we need to stop approving these things, instruct the Manager and the Attorney to go over and
to try to negotiate a global agreement on all of these things. Otherwise, we just continue to approve.
Now, if we don't approve this, we have another problem. And I know we all want to get out of here, so
Mr. Chairman, this may not be the time. But again, it's never the time. And so what I'm going to ask
after this is that the staff be directed to prepare a — in conjunction with the Finance Department, the
Budget Department, Solid Waste, as well as our — what's your division? — Media, Media Division — that
they come up with a very beautiful, factual, accurate representation of where the household garbage is,
informational brochures that we send every household, and we explain to them exactly where their money
goes. Because the big issue here is that the cost of collecting garbage is disproportionate, the tipping fees
that we're paying the County. And the homeowner only knows that their City Commissioner is raising the
garbage fees. Well, right now, when we approve this, we're in effect raising the garbage fees. But it's a
pass-through. It goes directly to the County. So I just think, Mr. Chairman, it's very important that we get
a handle on this and —
46 7/20/00
0 •
Commissioner Winton: And publicize it.
Commissioner Teele: -- and publicly, and that we negotiate something with the County. So I'm going to
vote against this, but I'm going to ask as a resolution following this that the staff be instructed to develop a
brochure that's factual, that's accurate, but that clearly points out that the County is getting most of the
money.
Mr. Gimenez: Commissioner.
Vice Chairman Gort: Further discussion.
Mr. Gimenez: One thing that we can do is that we can put that kind of information on the trim notice
itself, and then also show the graph of the rising tipping fees that we've been charged over the years, and
we'll see the dramatic rise, you know, in the cost that is charged to the City for, you know, the tonnage.
Commissioner Winton: And point out that the tipping fees are
Commissioner Teele: Go to the County.
Commissioner Winton: Right. That the tipping fees aren't
Mr. Gimenez: Absolutely.
Commissioner Winton: -- aren't fees to the City. It's fees to the County. The County is charging those.
Mr. Gimenez: Absolutely. Another thing, on another issue. On these issues between the City and the
County, we do have a meeting set up for next week with the County Manager, and there are a number of
issues that have been bundled together, to try and negotiate and work out a deal between the City and the
County.
Commissioner Winton: I like Commissioner Teele's idea, and I'm happy that you're meeting with them.
But I think that we ought to all have a copy of that comprehensive list of outstanding financial issues.
Mr. Gimenez: That's available, and we'll make sure that you're apprised of it.
Commissioner Winton: Thank you.
Vice Chairman Gort: My understanding in conversation with the Manager is we're going to have some
very good leverage in these negotiations.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
47 .7/20/00
Commissioner Regalado: People don't know what's a tipping fee. So when you write whatever you're
going to write, you need to put a breakdown. Of your payment for solid waste, sixty dollars ($60), five
dollars ($5) goes to the County, for Miami -Dade County to dispose of garbage, and the rest goes to the
City, or whatever. And I would also like, Mr. Manager, when you get a report for the Commission that
Commissioner Winton asked for on all the County issues, please include the Tropical Park Stables and
what we do in exchange for the County, because we are told that the County let us use the stable in
Tropical Park in exchange for the use of the Marine Stadium parking lot during the tennis competition. I
think, I think that it would be wise to bring back the stables to the City of Miami, because I've talked to
two or three mounted police. They spend, going that .way with the traffic to Tropical Park about two
hours. Plus there being not treated very well there. They're not allowed to use'' the track to practice.
They're not — and it seems that the County is getting paid ten dollars ($10) for each car, every day, during
six days; three sessions. I mean, the County is getting a sweet deal once a year in exchange for the stables.
I don't know what would be the numbers, but I think at least the County should be made aware that they
are not doing this free for us, that, you know, that they're getting a lot in exchange. And the City is losing
a lot of money in this travel back and forth of the mounted police.
Mr. Gimenez: Yes, sir.
Vice Chairman Gort: Thank you.
Commissioner Teele: Call the question.
Vice Chairman Gort: Yes, sir.
Norman Charles: Mr. Chairman, all the members of the City Commission, the question was asked by
Commissioner Teele a while ago, approximately —
Commissioner Teele: Put your name on the record, just for the record.
Mr. Charles: Norman Charles, president, CIGU (City Independent Group Union). The question was
asked by Commissioner Teele a while ago, approximately how much of the Solid Waste Department
budget is used for tipping fee. Approximately nine million dollars ($9,000,000) of that budget is used
only as tipping fees, sir.
Vice Chairman Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying
aye.
Vice Chairman Gort: Aye.
Commissioner Winton: Aye.
Commissioner Regalado: Aye.
Commissioner Teele: No.
48 7/20/00
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-614
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 99-957; ADOPTED DECEMBER 14, 1999, WHICH
AUTHORIZED PAYMENT TO MIAMI -DARE COUNTY FOR THE
DISPOSAL OF SOLID WASTE COLLECTED BY THE CITY OF
MIAMI, THEREBY INCREASING THE AMOUNT TO BE PAID
MIAMI-DADE COUNTY, BY AN ADDITIONAL $500,000, FROM
$8,384,400 TO $8,884,400; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 422001.320302.6.531.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: Commissioner Arthur E. Teele, Jr.
ABSENT: Commissioner Joe Sanchez
Commissioner Teele: Mr. Chairman, I would move that the Management be instructed to prepare the
documentation, informational documentation for a mailer or for use on the trim notices, as the
Management may deem appropriate, and a report be given back to us within 90 days on this. And
specifically, I ask that the Management would inform the Chairman and Commissioner Regalado of the
notices before it goes out, just so that we can have some consistency.
Commissioner Winton: Second.
Vice Chairman Gort: Motion and a second. Further discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
49 7/20/00
0
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-615
A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT THE
DEPARTMENTS OF FINANCE, MANAGEMENT AND BUDGET,
SOLID WASTE, AND OFFICE OF MEDIA RELATIONS TO
PROVIDE TO THE RESIDENTS OF THE CITY OF MIAMI AN
INFORMATIONAL BROCHURE OR MAILER IN CONNECTION
WITH COSTS RELATED TO GARBAGE INCLUDING FEES
CHARGED BY MIAMI-DADE COUNTY, WHICH MAILER IS TO BE
USED AS PART OF OUR TRIM NOTICES OR AS DEEMED
NECESSARY; FURTHER DIRECTING THE ADMINISTRATION TO
REPORT BACK AND INFORM THE COMMISSION IN 90 DAYS,
MORE SPECIFICALLY COMMISSIONER REGALADO AND VICE
CHAIRMAN GORT, BEFORE SAID NOTICES GO OUT TO CITY
RESIDENTS.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
50
7/20/00
18. (A) ACCEPT BIDS FROM VARIOUS VENDORS, FOR PROVISION OF DEMOLITION
SERVICES, FOR DEPARTMENT OF BUILDING AND ZONING, $500;000; ALLOCATING FUNDS
FROM 25TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
(B) . ADMINISTRATION TO DEVELOP PROCESS ALLOWING CODE ENFORCEMENT
BOARD TO FORECLOSE IN .CASES WHERE DELINQUENT PROPERTY OWNERS FAIL TO
MAINTAIN THEIR PROPERTIES AND IGNORE CITATIONS AND/OR FINES ASSESSED BY
BOARD FOR VIOLATIONS OF SOUTH FLORIDA BUILDING CODE.
Vice Chairman Gort: Twenty -A, proposed resolution for demolition services an additional one-year
period, funding of five hundred thousand dollars ($500,000) from CDBG (Community Development
Block Grant) Block Grant 25th year for continued demolition of —
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Commissioner Sanchez: Second.
Commissioner Winton: Discussion.
Vice Chairman Gort: Discussion.
Commissioner Winton: One of the things — and I know we're doing this, so this statement is a bit, I guess,
redundant. But we really lose in our community if we demolish properties. The architectural significance
of real estate in all of Miami -Dade County exists principally in Coral Gables, City of Miami and Miami
Beach. And because many of our properties were built a long time ago, and in today's day and age, there
is demand, not only from residential now for neat, architecturally significant homes, but for businesses
who want the same kind of thing. And so I hope that our — and Commissioner Teele, this is a subject we
do need to talk about, because I got your memo on code enforcement, and I agree with you 100 percent.
But code enforcement is the piece of this done properly that could prevent us from having to demolish
these properties. And I hope that we can take some steps immediately that get better control of a lot of
properties that have some architectural significance, so that we don't have to go around our neighborhoods
bulldozing these properties, because once you bulldoze them, we lose. That's the very, very, very last
resort. And this is a lot of bulldozing in here, as far as I'm concerned.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Commissioner Winton makes a point that I couldn't agree with more. You know,
I've consistently said that properties that have any historic or architectural significance should be referred
to the appropriate boards before they are done. We've asked that that be done, particularly in the
redevelopment areas. And for the record, the City of Miami has done more demolition of historic and
51 7/20/00
significant buildings in the black community than weather or property owners. I mean, you look at the
Mary Elizabeth Hotel; you look at the other hotels that have been demolished. However, at the same time,
in the district that I represent, there are a number of multifamily units that were never properly built, never
properly constructed. All of the buildings there on 61St Street, which has seen literally tens of millions of
dollars go into them. Every pastor in my district does not — wants to see a property maintained frequently,
because they feel that they could do something with the building, when the truth of the matter is, in many
of the buildings, you're much better off bulldozing and starting over. You know, the building right there
next to —
Vice Chairman Gort: Look at the Tower.
Commissioner Sanchez: Hey.
Commissioner Teele: Say again?
Vice Chairman Gort: Look at the Tower.
Commissioner Teele: The Tower? The Tower is a historic — that's a very historic building. And the
historic significance of buildings can be. But you take the building right next to Mount Zion and
Jackson's Soul Food. That building was a six -unit — eight units, had asbestos throughout it. We had two
engineers to look at it. It is much better to bulldoze that building and start over, if you want to do elderly
housing, as the pastor of Mount Zion, for example, proposed doing. And the problem with all of this is
that at the end of the day, we're going to pay through Community Development for the redevelopment of
buildings. And I just think that this resolution should be amended, consistent with what Commissioner
Winton is saying, that, one, demolition in districts should not be done of any building that is historically
significant without the permission of the Commission, and that wherever feasible or practical, no
demolition should occur within a district without some consultation with the Commissioner that represents
the district, some informal consultation, where appropriate, to insure that we are not demolishing buildings
that in many ways are a part of stabilizing neighborhoods. And they may be architecturally not significant
or historically not significant, but at the same time, they may have an important piece in holding the
community together. By and large, though, I am confident that many of the buildings — and much of this
is going to be in District 5, I'm going to tell you right up front. Most of the buildings are products of a
different legal system of separate but equal, you know. The buildings there on Miami — what's the name
of it? — Miami Capital? What's the name of that group where we had these ladies that were in here for
two years? Miami, Limited. Every engineer that's looked at that building has said you're much better off
demolishing the building and rebuilding, in fact, our own Planning Department. And much of this is
going to be used in that area where, hopefully, we can get some homeownership and some duplexes, and
we can lower the density and provide a quality of homeownership. That's my understanding of what a lot
of this is going to be used for. Is that right?
Vice Chairman Gort: My understanding is by the time it goes through the whole process of the courts and
the neighborhood complaints, it takes about two years. And one of my biggest problems within certain
neighborhoods is that it takes too long to bring some of these buildings down. I understand and I agree, if
it's of some historical value, we have a department that could look into'it and tell us if there is or not. At
the same time, we need to, if we want to maintain those buildings, you need to create the incentive, not
52 7/20/00
only technical, but economical. What happens is people do not want to restore because of the cost of
doing so. So that's some of the problems that we have.
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: And I can relate to the frustration. I have sent a memo to the City Manager and
directly to Frank. I'm sure you've gotten it. I have 16 properties in my district, which have clearly
been identified as unsafe structures. They are — and they meet all the compliance here of, you know,
unsafe building, deemed unsafe. I'm sure that the inspections have failed. They're boarded up. They are
bad for that area. I have sat down with some of the homeowners in that area. We're talking about the
East Little Havana area, back there between the river and I think it's Fourth or Fifth, that area there.
There's about 16 properties there that have clearly been identified. And we have sent responses to the
City Manager. You did respond back, saying that some were in the process of getting — but once again,
we fall — is there any way that we could expedite, where it doesn't take two years for us to be able to
clearly demolish these homes that need to be demolished? Because they're an eyesore. They're bad for
the element of the neighborhood. Of course, it attracts criminality into the area. So that is one of the
concerns that I have. And maybe, you know, being that the funds were allocated for that, what can the
City do to expedite the process so we're able to, instead of being two years, maybe one year or nine
months? Because I get the phone calls in my district, people calling. Hey, when are they going to tear
down that house?
Carlos Gimenez (City Manager): Commissioner, one of the problems is that we have to go before the
County's Unsafe Structures Board. And we're lined up with all the other municipalities that want to do
the same thing, and they can only take — what? - Like ten or so?
Frank Rollason (Assistant City Manager): They're taking 12. We're pushing it to about 15 a month from
us. But that's one of the bottlenecks. And we're meeting them — when, September?
Unidentified Speaker: The 8t"
Mr. Rollason: Of August?
Unidentified Speaker: Of August.
Mr. Rollason: To see what we can do to try to accelerate that.
Commissioner Winton: Why don't we have our own Unsafe Structures Board?
Mr. Rollason: Well, we have looked into that, and because of some home rule problems -- and again, we
can get with the City Attorney's Office — but at this point, the County has —
Commissioner Teele: Resisted.
Mr. Rollason: It resisted us doing that.
53 7/20/00
Commissioner Winton: It's amazing to me.
Commissioner Teele: The County — see that should be on the list of issues. I don't know if it is. But
everywhere you go — and this is the point that Commissioner Sanchez and Commissioner Winton are
making — everywhere you go, you've got these buildings backed up. Right now, if the Management were
to do their job without regard to the County, they could put 200 cases before the board right now. Is that a
fair statement?
Mr. Rollason: Right. We have a list now of approximately 200 that are ready to go.
Commissioner Teele: See? And my position is the attorneys need to sit down with the management, and
if necessary, we need to go into court and ask for a mandamus —
Commissioner Winton: Right.
Commissioner Teele: -- against the County on that. We should not let the County determine the quality
of life in the City, because they're not doing their job. I mean, we're getting our act together, and if
necessary, we should negotiate it, but seek a mandamus. There are a lot of ways to force the County to do
what it is they're supposed to do. And if nothing else, it will provide the basis of setting up our own
board. We should have our own board. We're the largest City in the state. The County has resisted that,
because of what? At the end of the day, how much do we pay the County?
Mr. Rollason: Well, at the beginning, we were not paying. But here recently, we're now paying six
hundred and fifty dollars ($650) a case that goes to the County.
Commissioner Winton: Oh, good.
Commissioner Teele: See? So it's a revenue stream.
Commissioner Winton: Six hundred and fifty dollars ($650) a case so that it can't be heard.
Mr: Rollason: Well, we pay as they're heard.
Commissioner Winton: That's government in action.
Mr. Rollason: There you go.
Commissioner Sanchez: Mr. City Manager, come back to the Commission with a way that we could start
our own board. Find — do the legal research or whatever you need to do to come back, because, you
know, we shouldn't have to go in front of the County on certain issues like that. One, it creates red tape,
bureaucracy. And I think if we're able to do it in-house, not only do we save the six hundred and fifty
dollars ($650), but we also cut time in the process, which is so, so needed to bring a rebirth to that area
that I am desperately working very hard to do. And it's just so hard. And I have all the documents that
show' where we've contacted your office to see how we could expedite that. And apparently, we don't get
— we - I get back exactly what you're telling me now.
54 7/20/00
Vice Chairman Gort: Not only unsafe structures, the biggest problem you have is the criminal element
that goes into these homes, and, the problems they create. Not only is there vandalism that takes place, but
the fires. Most of the fires that we have had within the City in these old buildings and neighborhoods have
been because of those houses. OK.
Joel Maxwell (Assistant City Attorney): Mr. Chairman, Mr. Chairman.
Commissioner Winton: Raise the fire fee for them.
Vice Chairman Gort: Yes, sir.
Mr. Maxwell: We'll look into that for you. We have looked into that one time before. As you know, the
City is governed by the South Florida Building Code, which it adopted over 40 years ago. And under the
South Florida Building Code, the County governs all of the activities regarding unsafe structures and so
forth. And unless we can get them to delegate back to us those portions regarding that, we're probably
going to be stymied. But we'll look into that again for you and report back to you.
Vice Chairman Gort: Well, my understanding is we have a lot of leverage this time. We have a lot of
leverage.
Mr. Maxwell: Yeah. The second point that I thought I'd like you to know is you were talking about
demolition of historic buildings.
Commissioner Winton: No, not historic structures. Of historical significance or architectural
significance.
Mr. Rollason: Right.
Mr. Maxwell: It's the same. It all falls under —
Commissioner Winton: Not the formal designation.
Mr. Maxwell: Oh, not a formal?
Commissioner Winton: No,'I'm not talking about a formal designation.
Mr. Maxwell: Not those that have been formally designated.
Commissioner Winton: No.. I'm talking about something that hasn't been designated, you know, that just
has —
Mr. Rollason: I think one of the things that will help us is that we're at the process now of prioritizing the
buildings that have already been to Unsafe Structures to be demolished once this passes. This is here for
unsafe structures.
55 7/20/00
E
Commissioner Winton: Right.
Mr. Rollason: What we can do is, once we get that list, we can distribute it to the Commission and you
can review it, and if there are items in there that you want to pull or take a look at before the demolition
takes place, we can do that.
Commissioner Winton: Right.
Mr. Rollason: But there's plenty to tear down that has to come down.
Vice Chairman Gort: Good suggestion. Good suggestion. Separate it by districts so each one of us can
look at it.
Mr. Rollason: Right. We can do that.
Commissioner Winton: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: (Inaudible, speaking off mike.)
Commissioner Winton: Yeah. Mr. Chairman, a word of caution here about — and I understand very, very
clearly the desire on the part of the neighbors and the part of us to get rid of those kind of buildings,
because they are the cancer in the neighborhood. However, don't forget that on Miami Beach, and South
Beach in particular, 20 years ago, the lion's share of those buildings were derelict. And I mean ready to
fall down. And Miami Beach did the smart thing. They wouldn't let people tear those buildings down and
build new something, and they have created the gem of America over there. And East Little Havana is
exactly like that. East Little Havana is one of the neatest neighborhoods in all of Florida. It's got a lot of
neat architectural stuff. And what Miami Beach did is said — and it's the weakness we have in our overall
process. We need to have a process whereby Code Enforcement is going after the property owners, and
those who don't respond, we've got to foreclose on the properties. What happens now is that we put fines,
and fines and fines on these properties. The owners ignore it. The fines get greater than the value of the
property, so the owners write it off completely. Then they ignore it even worse. And so the only option
left is a ten-year battle that ultimately leads to the bulldozer. And if we could get those properties out of
their hands, out of the hands of the bad guys and put them in the hands of the City, you could package
these, a group of — and we have a rule. We can't sell properties without three bids or public referendum.
Well, if you took ten properties from someone, just like the old RTC did or the banks.do, you can package
them in a group of ten properties, and you'll get three bids. So it's not so hard to do. But we don't have
that strength right now. The only strength we have is that awful last resort of the bulldozer. And that's
not good for our neighborhoods.
Vice Chairman Gort: Johnny, I agree with you. But you have to look at the differences between the
South Beach and the other of our neighborhoods. Most of the demolition that takes place within our
neighborhoods, most of the houses do not really have that historical value, and they don't have that
architectural value. And I agree with you. What happened in South Beach, you have a whole corridor of
10 or 15 blocks, and then you can create an impact. But when you're talking about one house within one
56 7/20/00
•
neighborhood that's creating a problem, it's different. And I agree with you, there's some commercial
areas that should be looked at. And those are all good suggestions. I mean we have —
Commissioner Winton: Well, I've even seen the City bulldoze some really neat, old, old homes. In the —
just — not in the past couple of years, but I guess about four, or five, or six or seven years ago, man, we
were doing a lot of bulldozing. And I went and looked at some of the houses that were being bulldozed.
They were neat old rock houses, and I mean, just all kinds of stuff. And that's a shame.
Mr. Gimenez: Commissioner --
Vice Chairman Gort: You got your instructions.
Mr. Gimenez: Commissioner, we are looking at — at the beginning or starting at your direction, a
foreclosure process. It's going to take some money that we need to budget, and we're looking for a way
to fund it at this time. And as soon as we do, we'll come back to you with a recommendation.
Vice Chairman Gort: Thank you. Yes, sir.
Leroy Jones: Leroy Jones. I'm speaking on behalf of Brothers of the Same Mind, 4055 NW 17th Avenue.
Mr. Bryant Dennis recently forwarded a letter to the City Manager about those buildings on 17th Avenue
West, 12th Avenue East, 54th Street South, 62nd Street North. The concern was that those buildings have
been vacant for over a year. And the City recently demolished eight of those properties, which it went out
for bid. Contractors received the bid. But what we noticed was that the funds that was used to demolish
the buildings was Community Development Block Grant funds. And under the Section 3 guidelines of
Community Development Block Grants, that residents, 30 percent of local residents are supposed to work
on that project. Whatever contractor be awarded that project, community residents in that target area are
supposed to be able to work — I think it's 30 percent on that site. And that wasn't used. That wasn't — that
wasn't put into .practice at the last contractor that received the bid to demolish those eight properties
around there. So we're concerned about that. We're very concerned, and we're going to be monitoring
whatever contractor gets the bid for these — I think it's — if I'm not mistaken, it's about ten more structures
around there. Whatever contractor gets that; we're going to be looking to see that they hire community
residents to work on those sites to do the demolition, if it ain't but flagging, or something that they can do.
So keep that in mind that Community Development Block Grant dollars, some — the Section 3 guidelines
need to be followed. Another thing that we was concerned about is that the buildings been vacant for a
year. And one if I'm not mistaken, the building on 58th Street between 16th and 17th Avenue, the Fire
Department used that building as a training site. And what's so bad about it is that the same building that
they used for the training site, kids be in that building, playing in that building. It's not a fence around the
building. It's a three-story structure. They set the building ablaze, burnt it. They train in the building and
it's open. You know what I mean? All those buildings around there, between 62nd, 54th, 12' and 17"
Avenue not — well, the ones that's not fenced is still open, the gates open, not boarded up. If I owned
those buildings, man, the City would fine me. I would be dead broke. Whoever owned it, whatever
company, if the City and whoever the owner is, and fighting over whatever need to be done, whatever
need — whatever steps need to be moved forward it's — because if a child get hurt in one of those
buildings, man, we going to be down here raising sand with some attorneys, because that don't make no
sense for those buildings to be in the condition that they're in, you know. And I'm sure if you ride around
there, you'll see, and you'll agree exactly. What I'm saying is that we going to be monitoring. We
57 7/20/00
submitted the — Mr. Bryant submitted the letter to the City Manager, and Mr. Bryant been talking to the
Planning Department about it. I guess what needs to take happen, Commissioner — and I'm going to wrap
it up with this — isthat those buildings, whatever going — if they not going to be tore down, they need to be
boarded up or something need to take place until whatever the City decides to do with those properties.
Something need to be taken place. Another thing is that we - in the letter, we mentioned to the City that if
the City don't do something soon, we going to appoint a young man that live in that area to each one of
those buildings that's not employed to monitor those buildings to make sure those kids don't get hurt,
because those kids actually playing in those buildings. And we going to bill the City for that, because we
tired of seeing that around there, man. I live around there. I have to ride through that. Every day, I see
those kids. One time, it got so bad, I wanted to go home and get my camera, and take.a picture. But I said
if I leave, the kids might get hurt in the building, so I might as well run them out the building. Forget
about taking the picture of them playing in the building. Go look at the building on 58th Street and 17th
Avenue. And if the City of Miami — if the Fire Department is using that as a training site, and it's open
the way it is, man, it's pathetic, man. OK?
Vice Chairman Gort: Leroy, thank you.
Mr. Jones: All right.
Vice Chairman Gort: We got the — do they have the address of all those buildings and the one that's being
used by the Fire Department?
Mr. Rollason: Yes, yes, we do. The ones that were used by the Fire Department for the demo — for
forceful entry training have already been demolished. Those were the ones that were owned by the City.
The City now is coming in the process of getting some more of them, and they'll use them, and they'll tear
them down. But we let them in just before, wherein to do the demolition.
Vice Chairman Gort: OK. The main thing is also --
Mr. Jones: When it was demolished?
Vice Chairman Gort: Excuse me, Leroy.
Mr. Jones: OK.
Vice Chairman Gort: I'm asking the questions now.
Mr. Jones: I'm sorry, Commissioner. But that building is still standing there.
Commissioner Winton: Well, you heard the conversation, though, about the — about the County. We
don't get to decide. The County decides.
Vice Chairman Gort: Yeah, but the one point is if the City owns it, whoever owns it, those buildings
should be boarded up, because if you got kids going in there and somebody gets hurt, who's going to be
responsible for it? OK?
58 7/20/00
Mr. Rollason: I understand.
Vice Chairman Gort: So you have the list of the buildings. You know where the buildings are at.
Mr. Rollason: Yes.
Vice Chairman Gort: Thank you, sir. OK.
Commissioner Winton: You know, I hate to do this.
Vice Chairman Gort: We need to vote on this.
Commissioner Winton: I know, but I have to — I can't resist asking a question. Commissioner Teele, on
I-95, coming through Overtown on the west side, there's at least three buildings, apartment buildings that
are open, gutted, no windows, no doors, no nothing. Are those government properties or private
properties?
Commissioner Teele: No, no. Those three properties that you're referring to are privately owned. One of
them is the property — you see it, it's very prominent as you take the exit ramp off of 95. That's the one
that we talked to about the religious group getting it. I forget the name of -- The other one that is right on
95, just one block down from People's Barbecue, which has been boarded up at least three times, is owned
by a very prominent developer, absentee developer in Overtown, and I assume the third one is also. None
of those are government owned. But the point that Mr. Jones is making is more than — he's very accurate
in what he's saying as it relates generally. Now, the specific properties, whether the City owns them or
not is another issue. The City may have a foreclosure position on them, you know, and that puts us in a
unique position. The County owns all kind of land in Overtown that is not boarded up. And the point that
Mr. Jones is making that I agree with is that there's a dual standard. There's a standard first for the poor
people who are property owners, who are barely making it. There is another standard for the affluent
property owners, and there's a totally different standard when government owns it. And we need to get
this to one standard. And if a building has got to be boarded up, then the County should have to board up
their buildings, and the City should have to board up their buildings, and the developers that have
lobbyists and lawyers should have to board up their buildings, as well. And it's really not — there's just a
whole series of buildings, particularly in District 5 that are primarily buildings that, because the City is
now enforcing the Code, there is a race to get out of a lot of these buildings. We've taken the incentive
out. It used to be a time that all these buildings were funded — and this is what always blows my mind,
Mr. Jones and others — that the City funded these buildings. I mean, we're still waiting on you all to
provide us with all the Section 8 funding, just in Overtown, Mr. Manager. But the City's got over thirty
million dollars ($30,000,000) in buildings that never should have gotten one dollar ($1). OK? And that's
what nobody wants to talk about, because every one of those people have lobbyists, and lawyers, and
they're politically connected and they — you know, da -da -da -da -da -da -da -da -da. By passing a rule that -- I
take the heat for, and I've got a lot of people very upset -- that says we are not going to put public dollars,
Section 8 moneys in buildings that don't meet code, we've basically taken the incentive out of being an
absentee property owner in the poor community. Because what we've done, been doing for years is
putting -- All of the money up there, the buildings that he's talking about were Section 8 deals. But the
buildings never met code, anyway. The buildings were always something that no one would want their
59 7/20/00
family to live in. So what we're trying to do is get to one standard. And we're going through a very
painful process right now.
Commissioner Winton: But it seems to me that the answer isn't that difficult. The answer is bulldoze
those properties that should never have been built in the first place, and get them down. And the second
part of the formula is get -- In today's environment, you can build quality low-income housing to meet
people's needs, and we need to get that done in those neighborhoods.
Commissioner Teele: Yeah, but the problem with bulldozing is just what they've said. First of all, in
many cases, it takes two years.
Commissioner Winton: Right, right.
Commissioner Teele: And by the time you get around to that — and it's happening to me.
Commissioner Winton: Or foreclose them.
Commissioner Teele: At least three or four very prominent people in the African-American community
have approached me. They're very upset with me because I won't sponsor using some CD (Community
Development) money to fix these buildings up. Because, you know, the amazing thing about human
nature is when people see a building, they immediately say, if I had it, this is what I could do. And if you
just give us the money, we can make this building — you know. And that's why the delay in getting those
buildings down just really works against the community, for all the things that Mr. Jones says. You're
going to have people getting mugged, raped, used as — vandalism. You're going to wind up with the
drugs, and then you're going to wind up with communities basically saying, don't tear down the building,
we could do this, because you let it stay there so long. So it's a very real "Catch 22." I think we just need
to be more aggressive. And those buildings that are City -owned, we need to take — we don't need to go
through Code Enforcement if we own the building. And so I assume that through foreclosure actions, we
can get control of buildings, and we need to aggressively move on those buildings where we have
foreclosure actions.
Vice Chairman Gort: And also those buildings that have Section 8 from the City of Miami, they should be
in compliance with all the ordinances — all the requirements. OK. No further discussion? All in favor
state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Teele: As amended.
Vice Chairman Gort: As amended.
60 7/20/00
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-616
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, ACCEPTING THE BIDS FROM VARIOUS
VENDORS, AS SET FORTH IN "ATTACHMENT A"
INCORPORATED HEREIN, FOR THE PROVISION OF DEMOLITION
SERVICES, FOR THE DEPARTMENT OF BUILDING AND ZONING,
PURSUANT TO INVITATION FOR BIDS NO. 99-00-149, FOR A
PERIOD OF ONE YEAR, ON AN AS -NEEDED CONTRACT BASIS,
WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-
YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED
$500,000; ALLOCATING FUNDS THEREFOR FROM 25TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was.passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS:. None
ABSENT: None
61 7/20/00
19. APPOINTMENT TO THE MIAMI.AUDIT ADVISORY COMMITTEE (Rod Harvey).
Vice Chairman Gort: The 21St, 21. Miami Audit Advisory Committee.
Commissioner Teele: Mr. Chairman, I would add Rod Harvey, CPA. H -A -R -V -E -Y. I'll give you the
address for the Clerk. Is that mine?
Walter Foeman (City Clerk): Yes.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved.
Commissioner Regalado: Second.
Vice Chairman Gort: Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: OK. All in favor of accepting the proposed member state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-617
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 the 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
62 7/20/00
0 0
Vice Chairman Gort: OK. Twenty-two, Bayfront Park Management Trust.
Commissioner Teele: 'I thought we'd already done Greenfield and Eads.
Commissioner Sanchez: No, we have not.
Mr. Walter Foeman (City Clerk): No, no.
Commissioner Regalado: I'll move to appoint Elena Carpenter as the Commission at
large member.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Discussion? Being none, all in favor
state by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved its
adoption:
MOTION NO. 00-618
A MOTION APPOINTING ELENA CARPENTER AS A
MEMBER OF THE BAYFRONT PARK MANAGEMENT
TRUST.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Commissioner Sanchez: Mr. Chairman, Ruth Greenfield has been an original member.
Vice Chairman Gort: Move it.
63 July 20, 2000
Commissioner Sanchez: So, I move her to...
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being
none, all in favor state by saying "aye." .
The Commission (Collectively):. Aye.
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 00-619
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF
THE BAYFRONT PARK MANAGEMENT TRUST FOR
TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the, City
Clerk)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Vice Chairman Gort: Thank you.
0
64 July 20, 2000
21. APPOINTMENT TOITHE BOARDS AND "COMMITTEES REVIEW COMMITTEE
(Tony Crapp, Jr.)
Vice Chairman Gort: Boards and Committees Review Committee.
Commissioner Regalado: Mr. Chairman, on my appointment, I move to appoint Tony Crapp, and I
need a residency waiver.
Commissioner Teele: Second the motion.
Commissioner Sanchez: Tony does not live in the City?
Commissioner Regalado: No.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and seconded. Is there anything further?
Walter Foeman (City Clerk): Can I say, something? This board has an elector requirement, so they
have to be a registered voter. So the waiver is for — we're waiving his elector status.
Commissioner Regalado: OK. He is an elector, yeah, but not in the City.
Mr. Foeman: Right. We're waiving that, because he's not a registered voter.
Commissioner Regalado: OK. All right, all right.
Commissioner Teele: Second the motion.
Vice Chairman Gort: OK. Any other recommendation? Any other appointments? Can we make
appointments by sendING it to the Clerk?
Commissioner Teele: Move that the appointments for this board be subject to a motion — a written
filing with the clerk.
Commissioner Sanchez: Second.
Vice Chairman Gort: OK. It's been moved and seconded. Let's do the first motion accepting
Commissioner Regalado's appointment. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
65 7/20/00
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-620
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE BOARDS AND
COMMITTEES REVIEW COMMITTEE FOR A TERM AS
DESIGNATED HEREIN.
(Here follows body of the 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Vice Chairman Gort: Now we're going to the other motion by Commissioner Teele. All in favor
state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-621
A MOTION _DIRECTING THE CITY CLERK TO ACCEPT, IN
WRITING, ALL APPOINTMENTS MADE BY THE CITY
COMMISSION TO THE CITY'S BOARDS AND COMMITTEES
REVIEW COMMITTEE.
66 7/20/00
C�
E
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wdredo Gort
NAYS: None
ABSENT: None
Vice Chairman Gort: Twenty-four, Budget and Finance Review Committee. Commissioner
Teele, you have one nomination.
Commissioner Teele: Could I take that over to the next meeting, please?
Vice Chairman Gort: OK.
Note for the Record: At this point, Agenda Item 24 was deferred to the next Commission
meeting, presently scheduled for July 27, 2000.
67 7/20/00
22. APPOINTMENTS TO THE COCONUT GROVE FESTIVAL COMMITTEE (Ramiro Arango
and Dorothy Lee).
Vice Chairman Gort: Coconut Grove Festival Committee. Commissioner Teele has one nomination.
Commissioner Sanchez has one nomination. Mr. Arango?
Commissioner Sanchez: Ramiro Arango.
Commissioner Teele: And I would like to —
Commissioner Sanchez: I'm sorry;my mike was off.
Commissioner Regalado: Arango.
Commissioner Sanchez: Huh?
Commissioner Regalado: Arango.
Commissioner Sanchez: Arango.
Walter Foeman (City Clerk): He's the incumbent. He's the incumbent, right?
Commissioner Sanchez: Yeah. It's a reappointment.
Mr. Foeman: OK, all right.
Vice Chairman Gort: OK. Commissioner?
Commissioner Teele: And I would like to reappoint Dorothy Lee, and she says she's going to come to
meetings.
Vice Chairman Gort: OK. Any further — all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: OK.
68 7/20/00
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•
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-622
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT
GROVE FESTIVAL COMMITTEE FOR TERMS AS DESIGNATED
HEREIN.
(Here follows body of the 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
'. ABSENT:. None
Fid)
69 7/20/00
23. APPOINT ANTONIO LLANO-MONTES, ALLEN-SWEENY, RAYMUNDO
ESCARRA AND NAJIB TAYARA TO THE INTERNATIONAL TRADE BOARD
(See #37).
h.
Vice Chairman Gort: International Trade Board. Commissioner Winton has one.
Commissioner Sanchez has one. Commissioner Teele has two. Commissioner Regalado
has three nominations.
Commissioner Regalado: Mr. Chairman, I nominate Allen Sweeny, Antonio Llano -
Montes and Raymundo Escarra.
Vice Chairman Gort: OK. Commissioner Teele.
Commissioner Teele: I'm going to nominate Najib Tayara and Barrett said she didn't get
any notices of the meetings. But let's move on, and I'll leave the other one vacant for the
next meeting.
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: I will defer at this time to the next meeting.
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: I have one coming up, I hope, in another month and a half who's
made a commitment that's going to be great.
Vice Chairman Gort: All in favor of the nominations that have been made; state it by
saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved for its
adoption:
MOTION NO. 00-623
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS AS
MEMBERS OF THE INTERNATIONAL TRADE BOARD: ANTONIO
LLANO MONTES, ALLEN SWEENY, RAYMUNDO ESCARRA
(nominated by Commissioner Regalado), NAJIB TAYARA (nominated
by Commissioner Teele).
70 7/20/00
•
Upon being seconded by Commissioner Teele,. the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Vice Chairman Gort: Before we continue to do this, why don't we go back to 19-A,
which was an item that was postponed for a while. Nineteen -A, if you all remember, if
you read, is the audit that was performed by HUD (Department of Housing and Urban
Development) and some repayment that needs to be made by the City.
Commissioner Regalado: Mr. Chairman, just --
Vice Chairman Gort: Yes.
Commissioner Regalado: Mr. Chairman, at what time are you planning to come back in
the afternoon?
Vice Chairman Gort: Well, it all depends. We might not have to come back.
Commissioner Regalado: Yes, you do.
Commissioner Teele: You got a zoning item.
Commissioner Regalado: Because you've got a zoning item.
Vice Chairman Gort: Oh, that's right, we have to — we'll come back about 3:30, 3
o'clock.
Commissioner Regalado: Three o'clock?
Vice Chairman Gort: Right.
Commissioner Sanchez: Three, three, three.
71 7/20/00
0 0
24. MANAGER TO REPORT BACK TOCOMMISSION WITHIN SIXTY DAYS WITH PLANS
TO PAVE LOT ADJACENT TO ROLLINS GROCERY STORE LOCATED AT 5520 NORTHWEST
17TH AVENUE; $4,500, FOLLOWING NEGOTIATIONS WITH DEPARTMENT OF OFF-STRET
PARKING FOR FIXED PRICE IF NOT A DONATION FOR IMPROVEMENT OF SAME.
Commissioner Regalado: We do the Commission issues in the afternoon, right?
Vice Chairman Gort: We might be able to do it now.
Commissioner Teele: Mr. Chairman, with your permission, I'd like to do the one -- because the
gentleman has been sitting here — the one that I have.
Vice Chairman Gort: You ready to do those now? Let's do it.
Commissioner Teele: Mr. Chairman, if I could. This is -- Where is Lori Bilberry and Ms. Warren? This
relates to a lot that we've had a lot of talk about, relating to Rollins Grocery Store. And this is City -owned
land, and the land is just there. What I would like to do is -- The management has estimated it would cost
thirty thousand dollars ($30,000) to pave this lot. Is that right, Lori?
Lori Bilberry (Director, Asset Management): That's correct.
Commissioner Teele: Do we have drawings on this?
Ms. Bilberry: No. That was strictly an estimate, based on previous experience.
Commissioner Teele: OK. What I would like to do is move that the Management be authorized to spend
up to four thousand five hundred dollars ($4,500), which it doesn't need our permission for, anyway, for
the drawing of plans for the lot, and to negotiate with Off -Street Parking a fixed price, if not a donation,
for the improvement of the .lot, and to report back to us within 60 days. Further, we need a
recommendation from the management of a revocable license for Mr. Rollins for the use of the lot, which
is normally associated with the taxes, the amount of the taxes that would be paid if the lot were owned by
the City. In other words, we know what this land appraises at. It's on a 17th Avenue Corridor, and I don't
want to necessarily start talking about selling the land until we get the plans from the Planning Department
on the 17th Avenue Business Corridor, on the 17th Avenue Corridor, which that study is being done now.
So my motion, in effect, would be to instruct the management to report back with the plan, and after
discussing with Off -Street Parking, the detailed drawings of plans to pave the lot or to prepare the lot so
that it can be used to support the commercial activity going on, on 17th Avenue. And further, to provide
for a revocable permit that would be equal to the amount of taxes that would be paid by — if the property
were owned in private ownership.
Carlos Gimenez (City Manager): To be paid by whom?
Commissioner Teele: To be paid by Rollins Grocery Store, the permit holder, once it's improved.
Mr. Gimenez: Commissioner, are you saying that Mr. Rollins will operate the lot?
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Commissioner Teele: Well, you know, the answer would be he would have — the answer would be "yes."
But it's not an operation of a lot normally. I mean, if you go there -- All of these City lots -- And by the
way, Commissioner Regalado's Economic Development Committee has got a study. There's some 2,000
lots in District 5,'as compared to, say, 20 in most other districts. We've got all kinds of lots there. And on
most of those lots, you'll find either abandoned vehicles, or in the cases where they're used properly, you
have businesses that are vendors that are just using the lots sort of free of charge, anyway. The whole goal
here is to make the lot available, so that we can have a business expansion activity with Rollins Grocery
Store, which is on the corner of 17th and — what? — about 56th.
Unidentified Speaker: Fifty-fifth.
Commissioner Teele: Fifty-fifth. And the lot is right on the corner. The Planning Department is doing a
detailed study of that corridor now, and they're going to make specific recommendations regarding those
lots. But what you have now is a lot that had a building on it. I think the City — it was Hardemon's
Grocery Store some years ago. ,The building was demolished. It was never leveled. The City just sort of
left it. And it really, quite frankly, now, if you go by and look at it, it is a derelict lot in terms of it's not
leveled off, it's not smoothed off, it's just there. And what we're trying to do is to make the lot available
iwa productive way to the community. It's already being used by the community. Just say that.
Mr. Gimenez: Yes, sir.
Vice Chairman Gort: OK. There's a motion. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Second.
Commissioner Winton: Second for discussion.
Vice Chairman Gort: OK.
Commissioner Winton: Commissioner Teele, I will have to admit, this makes me nervous, because in
essence, what we're doing here is asking government to pay a substantial amount of money to improve
and to create an asphalt parking lot essentially for a single, private business. And so if we do that here,
why do we stop anywhere? I mean, we could do a lot of these. It seems to me that maybe another
approach could be — and I .don't know if we have precedent to do this, so if we already have precedent to
do it, please let me know. But it seems to me another approach might .be to properly clean up that lot,
level the lot, maybe grass the lot or just gravel the lot so that it could be — so that it would be a nice, neat,
clean lot with relatively limited expense to the City, and it can be used for anybody that wants to use it for
parking there. But to create an absolute —
Commissioner Teele: I don't have an objection to that at all. The point is this: Marketplace forces being
what they are, the lot is going to be used. I mean, I would yield to the management, Community
Development. But let me just say this on the core issue that we don't have time to really discuss. A
government has the highest obligation in our CD (Community Development) areas, our target CD areas,
73 7/20/00
such as 17th Avenue, in providing assistance for businesses and jobs, because the only way to create a job
is through a business. If we were to — in effect, this could very easily be a grant of fifty thousand dollars
($50,000), thirty thousand dollars ($30,000) to the business owner to do this, et cetera, and it would be not
only acceptable, as long as they were going to add employment associated with it, it would be something
that the government would encourage. It's totally different, particularly in the black community, where
you recognize that black -owned businesses represent less than one percent of the business, where there is
a total disparity recognized by every study that we have an obligation. But it goes to a fundamental issue,
Commissioners, that I really think we're going to have to get into a discussion. I understand the Mayor is
looking at this issue. To my knowledge — and he's going to get upset when I say this — the only initiative
that this Mayor has brought, forth since I've been sitting here economically that I can quantify is the
discussion relating to Off -Street Parking. I noted today that the Herald again gave the Mayor credit for
the budget, which he deserves a lot of credit for, although, you know, there were five Commissioners who
voted on it. There was never a mention of the Commission in this process. I mean, but that's sort of the
way it works in this form of government, et cetera. But it gets down to this: I believe very strongly that
the one thing that has held back the black community, as much as any other factor — and I did not have this
view, having served in government and been president of the largest black trade association in America,
the National Business League in Washington, which I was privileged to the president of, the 12th national
president of, founded in 1900 by Booker T. Washington, for seven years. I still did not understand this.
In the inner City, if the government doesn't provide the infrastructure, the infrastructure for businesses,
it's not going to happen. And direct subsidies of grants to businesses, in my judgment, should be beneath,
should be secondary to government fixing up the infrastructure. And in that regard, the number one
infrastructure impediment in District 5 for business is unavailability and inadequacy of parking in the
black community. It is just so -- And you know what really brought it into focus? It was Soyka's
Restaurant for me. The difference between Soyka's and most other businesses — and that's sort of in the
fringe of those communities — is not only the fact that Mr. Soyka happens to be a great guy and a great
restaurateur, but it's so easy, it's so convenient to go to that restaurant. To go to any restaurant in the
black community, you've got to work at it. You've got to look for parking. You've got to look for space.
You've got to worry about security. You've got to worry about lighting.
Note for the Record: Commissioner Regalado exited the Commission chamber at 11:45 a.m.)
Commissioner Teele: And in my judgment, one of the worst things that this City did years ago was follow
down this line of creating an Off -Street Parking Authority that created an authority that had admission it
would only create parking where it generates revenue, because what it meant is that those communities
that did not have sufficient businesses already in existence — and it was a downtown deal. It was a Carol
Wolfson deal, to be very candid with you. Cheap, low parking has literally stymied in untold terms the
ability of the black business community, because they don't have it. It's apparent in Little Haiti. It's
apparent in Liberty City. It's apparent in Overtown. There is no parking. And parking is prohibitive. It
is prohibitive. To put the kind of parking in for any business in the black community, if the individual
business owner would have to do it, it would exceed the gross sales of those businesses. And so that's sort
of been what has happened over 40 years, from 1960's to 2000. The fact is, is the black community is
still, with parking infrastructure, going back to the `60s. It did not happen. I happen to believe that the
City of Miami, through its Public Works Department, should be just as committed to providing lighting,
street lighting, roads, sidewalks and parking as a necessary governmental — as a necessary governmental
infrastructure in these communities as roads. In other words, parking, sidewalks, lighting, roads, drainage
kinds of issues, which are associated with the infrastructure should be our highest priority. So more than
74 7/20/00
wanting to give Mr. Rollins a grant, you know, which I don't want to .do, I would be much more interested
in giving that neighborhood a grant in the terms of any business that comes up adequate parking. If you
go to Rollins Grocery Store, candidly, he probably doesn't have two parking spaces. And yet, he
employees at least seven, eight people. I don't know how many people he employees.
Unidentified Speaker: Eleven.
Commissioner Teele: Eleven? I don't know how many people he employees. You better be careful. But
the fact of the matter is-- How many parking spaces does he have there?
Leroy Jones: Actually, none, Commissioner. In 1960 —
Vice Chairman Gort: Name and address.
Mr. Jones: Leroy Jones, 180 NW 62nd Street, Neighbors and Neighbors Association. In 1967, the City of
Miami bought six feet of Mr. Rollins' grocery store to expand 17th Avenue Corridor.. Any business that
park on 17th Avenue in front of Mr. Rollins' store is parking illegally. OK? He sold the land. They
bought it. They gave him seven hundred dollars ($700) for it to widen the expressway in 1967. And only
two cars can park in front of his store. And Mr. Rollins been in the grocery business for 52 years. He first
opened up his grocery store in Coral Gables, and then he moved into Overtown. And when they put the
expressway there, he owned the two grocery stores in Overtown. When they put the expressway, the
property owners got all the money, and he had to relocate. He ain't got a dime. So he moved right there
on 55th Street. He been there since then. Really, he ain't got no legal parking, really. And nobody in that
area -- And nothing can be better utilized in that space than Rollins being able to use that space for
parking, for parking.
Commissioner Winton: Right.
Vice Chairman Gort: Thank you. Leroy, I think the main concern that Commissioner Winton had is that
one person would control the parking lot. .
Commissioner Teele: And I would withdraw that, I mean, in deference to what Commissioner Winton is
saying.
Vice Chairman Gort: Which I don't have any problem. I think it should be used by the whole. That's
what he's saying. OK?
Commissioner Teele: I'd withdraw that, in deference to what Commissioner Winton is saying. He's
right. And part of what the Planning Department is trying to do is come up with an infrastructure plan that
would include primarily parking. We know we got the road, 17th Avenue. We got the road. We got
lighting. But if you go right up, down 17th Avenue, starting with Range Funeral Home, there is not one
business that has 20 percent of the parking necessary to run a comparable business in downtown Miami,
or in Coconut Grove or along Biscayne Boulevard. And we owe it to those communities — I knew I'd get
him mad.
Mayor Carollo: You were talking parking (inaudible).
75 7/20/00
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•
Commissioner Teele: That we would deal with the whole issue of 17th Avenue from a holistic point of
view. And I would withdraw the notion that it be a permit for him, but it be — that we improve it and
make it available to anyone who wants to use it.
Vice Chairman Gort: Okie doke. Would the seconder of the motion accept the amendment?
Commissioner Winton: Yes.
Vice Chairman Gort: OK. Any 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 for its adoption:
MOTION NO. 00-624
A MOTION INSTRUCTING THE CITY MANAGER TO REPORT
BACK TO THE CITY COMMISSION, WITHIN SIXTY (60) DAYS,
WITH DETAILED PLANS TO PAVE THE LOT ADJACENT TO
ROLLINS GROCERY STORE (LOCATED AT 5220 NORTHWEST
17TH AVENUE) IN AN AMOUNT .NOT TO EXCEED $4,500, IN
ORDER TO SUPPORT COMMUNITY ACTIVITY ALONG THE
NORTHWEST 17TH AVENUE CORRIDOR, FOLLOWING
NEGOTIATIONS WITH THE DEPARTMENT OF OFF-STREET
PARKING, FOR A FIXED PRICE, IF NOT A DONATION, FOR THE
IMPROVEMENT OF SAME.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Next item that we have is we want to take 19-A, which is the CDBG (Community
Development Block Grant) audit.
Edmund Rollins: What I would like to say as the owner of Rollins Grocery —
Commissioner Teele: Your name.
76 7/20/00
Vice Chairman Gort: Name and address, please, sir.
Mr. Rollins: My name is Edmund Rollins, the owner of Rollins Grocery, 5520 NW 17th Avenue. I was
moved from Overtown because of the expressway. Two businesses I had, and I moved to this location,
5520 NW 17th Avenue, and I've been there ever since '64. And I'd appreciate if it's anyway I can get
some parking, because I'm having problems trying to park right in front on 17th Avenue. I've had the
County Police come there and say I can't — customers can't park. And they only park for a few minutes.
They come in and get.a few items and go back to the car. So it would be very important. It would mean a
lot to me if I can just use that lot for parking.
Vice Chairman Gort: You will, sir.
Mr. Rollins: Thank you. Thank you very much.
Vice Chairman Gort: Okie doke. Have a good one.
Mr. Rollins: Thank you.
Vice Chairman Gort: I hope you become very successful.
77 7/20/00
25. (A) AUTHORIZE SETTLEMENT TO FINDINGS OF AUDIT REPORT PREPARED BY
OFFICE OF INSPECTOR GENERAL ON CITY COMMUNITY PLANNING AND DEVELOPMENT
PROGRAMS FOR 1995 AND 1996 ISSUED MARCH 26, 1998 BY. $4,212,696 TO COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME)
PROGRAM ACCOUNTS; SETTLEMENT TO INCLUDE TRANSFER OF $558,349 FROM GENERAL
FUND AND $1,054,347 OF 1976 GENERAL OBLIGATION HOUSING BOND FUNDS TO CDBG
ACCOUNT AND $2.6 MILLION OF 1976 GENERAL: OBLIGATION HOUSING BOND FUNDS TO
HOME ACCOUNT, ALLOCATING $500,000 OF 1976 GENERAL OBLIGATION HOUSING BOND
FUNDS TO PROVIDE RELOCATION PAYMENTS FOR TENANTS OF NORTHWESTERN
ESTATES PROJECT (See #16).
REQUEST STATUS REPORT REGARDING NORTHWESTERN ESTATES.
Gwendolyn Warren (Director, Community Development): Commissioner.
Vice Chairman Gort: Yes, ma'am. Are we going to discuss 19-A?
Ms. Warren: Yes.
Vice Chairman Gort: Do we have any problems?
Commissioner Sanchez: With what?
Ms. Warren: Nineteen -A.
Vice Chairman Gort: Nineteen -A is the audit.
Commissioner Sanchez: I don't have a problem with it.
Vice Chairman Gort:. OK, go ahead.
Ms. Warren: Commissioner, we would like to recommend the adoption of the attached resolution
authorizing the settlement of the audit of the Department of Community Development for the years of
1995 and '96. The report, the audit was issued in March of 1998. The Inspector General -- as you may
recall, the City received an audit for that time period with questioned or disallowed costs in the sum of
approximately twenty-one million dollars ($21,000,000). The OIG (Office of the Inspector General) has —
the Department of HUD (Housing and Urban Development) has recommended and finalized this audit
review, and our total amount of disallowed cost is four million, two hundred thousand dollars
($4,200,000), which is 20 percent of the original amount in question. . At one of your previous
Commission meetings, the administration did make a recommendation that we use interest from a 1976
general obligation bond series to pay off all of the housing -related debt associated with the audit. As you -
- Of the four million two, there's three' findings. Five hundred and fifty-eight thousand dollars ($558,000)
is associated with administrative cost out of the original five million six, and there's an outstanding
balance of one million fifty-four, which is associated with our housing loan portfolio. The original
disallowed amount was ten million nine. Again, for the amount associated with the Northwestern Estates
Liberty Housing Project, the original amount was four million seven, and the final amount is two million
78 7/20/00
i
six. Staff is making a recommendation. And again, the Commission authorized us to submit to bond
counsel the appropriate the use of the housing bond funds. I think the City Attorney is prepared to speak
to that. And the HUD has also offered us three options of repayment of the four million six, which is
listed in your agenda package. Staff is recommending that you go with Option 3. The option, obviously,
is that if we use the bond funds -- you've already made the repayment of the administrative amount, of the
five hundred and ten. So it would — only the bond funds are remaining, and there's three options. One,
which is that we do an internal transfer, reimbursing the appropriate accounts of CD (Community
Development) with the bonds in the general fund contribution. The other one is that we make the moneys
available to HUD, who would then credit our account. And the third one is that we do a repayment, which
would be a reduction of our line of credit up to over a three-year time period. We're recommending that
we pay the whole sum, that we do it this year, and that again, based on legal counsel approval, we use
bond funds and the general fund appropriation that's been provided. Additionally, HUD has also made a
final finding that in terms of our defaulted loan portfolio and the corrective actions that have been
implemented that the resolution of the audit is again contingent on our continued implementation of our
corrective action, and a continued review of the results of our resolving the outstanding issues left on our
defaulted loan portfolio. But if we were to make the reimbursement as identified in Option 3, it would
make the moneys available back to the City for redistribution within a short period of time. And it also
would make it eligible for the first time in three years for us to compete for other federal funds during the
Super Nova RFP (Request for Proposals) process.
Commissioner Teele: Mr. Chairman, I would move the recommendations of the staff, and specifically
Option 3 as provided. Mr. Chairman, the staff management should be —
Commissioner Winton: Second the motion.
Commissioner Teele: -- should be commended. They have dodged the bullet. You know, one of the
things that has not really been discussed a lot, because it's really not the kind of stuff you air, dirty linen,
but we've had a tremendous pressure on us from federal HUD from the day I've been elected here. I
mean, this would be the first time -- As you know, the basis, many of the bases for even our City Attorney
that is not with us relates to the HUD findings, the failures of the City and the staff in many ways. We've
seen — I've seen three HUD Community Development Directors since we've been here. We've gone
through a lot. This brings this pretty much to an end, I would hope. And I think the Manager, and I think
Ms. Warren and her staff, the lawyers should all be commended, because we didn't make a big drama out
of this, but this has been very serious, a very, very serious matter. And to have four million dollars
($4,000,000) of ineligible activities, and — you know, we've dodged a bullet here, and I think we've
dodged it without missing a lot of steps. So I think we should try to get the support of the Commission
and the Oversight Board to the extent that it is necessary, and move this process forward in an expeditious
manner.
Vice Chairman Gort: Thank you, sir. Any further discussion? And once again, I'll echo that. I think this
audit has been haunting us for the last three years, and I'll be glad to get it out of the way, so we can start
with a clean bill. Any further discussion?
Commissioner Sanchez: I would just like to say that we continue on this right course. Mr. Teele said it
best when he said that we've made a complete turnaround, even though that I've been one that has always
asked are the HUD rules and regulations being followed, because of the serious situation we were in. So I
79 7/20/00
just once again commend City staff and just ask that we continue on the right track, so we don't divert
from it and end ourselves down the road back in the same situation we were in. So I — if it has not been
seconded, I'm willing to second it and ready to vote.
Vice Chairman Gort: OK. Any further discussion?
Ms. Warren: Again, just for the record, what this allows us to do is to close the financial findings related
to the audit, and it allows the City, once we've completed this process, to use the general fund moneys for
other CD eligible activities. It does not relieve us of our obligation to continue to implement the
corrective actions that were required in order for us not to have to pay back the twenty-one million. That
is a condition of the settlement.
Vice Chairman Gort: Those corrective actions, we all agree that we should maintain, because that's the
only way that this can continue to function. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-625
A RESOLUTION (PENDING FROM LAW DEPARTMENT)
(Here follows body of the 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Mr. Mayor.
Commissioner Teele: Mr. Attorney, Mr. Attorney, the Mayor I know wants to say something, but I really
would like for you all to prepare a detailed report and briefing on this Northwestern Estates thing. You
know, we're solving the book with them, but the books with us and Northwestern Estates have not been
resolved. And it's another one of these land deals where we're in, and it goes on and on. And I'd
particularly ask that Commissioner Winton be fully briefed on it, because it involves some very reputable
people and reputable organizations. But it's just something -- we've got to do what we've got to do, as
well.
80 7/20/00
Alejandro Vilarello (City Attorney): Commissioner, late last week, a status report went out to you all. I'll
follow that up with a more detailed perspective review of that case with each of you.
Vice Chairman Gort: Thank you.
Mayor Carollo: By the way, Gwendolyn, thank you very much for the fine job that you're doing.
Ms. Warren: Thank you, sir.
Mayor Carollo: You and all your staff.
Ms. Warren: All right, thank you.
81 7/20/00
26. MANAGER TO SCHEDULE ON, SUPPLEMENTAL AGENDA FOR JULY 27, 2000
COMMISSION MEETING CONSIDERATION OF: (1) RESOLUTION IN CONNECTION WITH
FILLING OF SLIP LOCATED IN FEC/BICENTENNIAL PARK AREA, INCLUDING TWO INLETS;
(2) DISCUSSION RELATED TO PROPOSED CHARTER AMENDMENT TO HAVE OFF-STREET
PARKING AS A CITY DEPARTMENT.
Mayor Carollo: Mr. Vice Chairman, I'd like to briefly bring up two very brief items. And Mr. Manager, I
would like for both of these two items to be placed on the agenda for next week for the Commission to
discuss and vote on it, if it so wishes. I finally received both these requests that I had made from the City
Attorney's Office late yesterday. That's why I think it's appropriate to bring it up on the 27th. This way,
it would give me the opportunity to discuss it with each of you individually before we bring it up here.
But basically, what I want to bring up next week are two items. One would be a simple resolution relating
to the filling of the FEC (Florida East Coast) slip that we own, and a discussion on how far we might want
to fill it, if that is the wishes of the Commission, along with two other small inlets on -the Bicentennial
side. They're a little over an acre, and what it would do — and I will bring you maps — it will have a
straight line to the water and bring an additional acre plus on those two inlets on the Bicentennial side, and
open up the whole Bicentennial Park side once a good portion of that slip is filled in, so that now we can
make -- and have the opportunity to make concrete plans as to what the Commission would want to do at
some later time in the future with that property, because by filling it, you open up the whole area.
Whereas right now, no matter what plans you may come up with, they're going to be very hard to
accomplish, because the whole area is locked in, and it's very hard to get into. Secondly, the other item
that I would like to bring up on the meeting of the 27th is a Charter amendment, resolution on the Off -
Street Parking Authority. Most cities, major cities in America and in many other parts of the world have
certain key assets that are major moneymakers for a city — airports, seaports, water and sewer authorities,
parking. Well, we gave up four of them. You know, we were four for four. Three of them we've lost
forever — the airport, the seaport and the water and sewer authority. The other one, we still have a chance
to bring back in many different forms, and to be able to receive the kind of dollars in return to this City
and to our residents that this City should be getting from a major moneymaker like parking. Off-street
parking, parking meters, in lots and in garages. It's just been recently in the last two years that we started
getting moneys from them, two million, three hundred seventy-five thousand dollars ($2,375,000) a year,
which, frankly, is a very small amount, still, to what we should be getting from our parking in the City of
Miami. Therefore, I just would like the opportunity with each member of the Commission to be able to
meet with each of you to see if we could set up some time during the next days to be able to discuss'these
two issues for the next City Agenda to be on. Thank you.
Vice Chairman Gort: OK, Mr. Mayor. Thank you. We'll be back at 3 o'clock.
Commissioner Teele: Mr. Chairman, Mr. Chairman, before you leave, on the comments of the Mayor.
The Agenda has already been printed. You all can accommodate the five-day rule and all that stuff, so
you don't need a motion. I just want to make sure that the management is going to get those on there.
Alejandro Vilarello (City Attorney): A supplemental agenda can be prepared by the Manager, and can
meet the five-day rule.
Commissioner Teele: OK.
82 7/20/00
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Vice Chairman Gort: And it can come under the Mayor's request.
Commissioner Teele: And the second thing is I would request that we set up time in the morning, let's say
10:30, to take up the parking issue. This is a major issue. We shouldn't take it up at the end. I mean, one
of the things about the way we do the agenda items is —
Vice Chairman Gort: Let's do it as Item Number 2, right after the Consent Agenda.
Commissioner Teele: And so I would move that the item relating to parking be taken up as Item Number
2, right after the Consent Agenda at the next meeting.
Vice Chairman Gort: There's a motion. Is there a second? Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Second. 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 for its adoption:
MOTION NO. 00-626
A MOTION DIRECTING THE CITY MANAGER TO SCHEDULE
DISCUSSION OF A PROPOSED CHARTER AMENDMENT ISSUE
TO HAVE OFF-STREET PARKING BECOME A CITY
DEPARTMENT, AS THE SECOND ITEM TO BE TAKEN UP ON THE
AGENDA OF JULY 27, 2000, IMMEDIATELY AFTER THE
CONSENT AGENDA.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Mayor Carollo: Let me further just state on the record that what I am looking to do is to place a Charter
amendment so that the Off -Street Parking, what is parking in the City of Miami would fully come, just
like Solid Waste, another department within the City that the Manager in our present form of government
would have the ultimate say-so and responsibility over, along with guidance from the Commission of the
83 7/20/00
City whether the way that it is will be disbanded or not. Then those decisions could be made, depending
on what the mathematics hold. You could run it as a City department, you could leave it as is, or you
could privatize it. But at least you'd have — and this body has many options that it could take, other than
the only one that we have now that is limiting us tremendously in what we could do in bringing the
revenues that this City needs so very badly.
Vice Chairman Gort: OK. Thank you.
Commissioner Teele: Mr. Mayor, I would hope that this item is on the agenda. Mr. Attorney and Mr.
Clerk, would you all provide a schedule of the last possible date that we can — that we can take action for
this to be on the Charter, so we know what the time lines are. But Mr. Mayor, respectfully, I would very
much like to come and visit with you on this matter. I would hope that you would be open to studying two
or three different models or options within the time frame that we're talking about.
Mayor Carollo: I am. I very much am. All that I am going to bring up is a Charter change. But I think
by doing that, it opens it up for us to be able to study additional models. Obviously, you could try to
create some of those models within the Charter change itself, but I think that if you look at the constraints
that we presently have, you can't have a major, modern international city be having those kind of
constraints any longer. You can't have one of your biggest assets that should be one of your biggest
moneymakers be making a small amount, and then we're going to other areas in bringing dollars that we
shouldn't have to go to. So, you know, if we have made changes in many areas, this is one that we need to
start looking at now to be able to make those changes. And by making a Charter change, you will have
the opportunity to have many different options of which way you would want to go then.
Vice Chairman Gort: Thank you, and see you all at 3:00.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:07 P.M. AND
RECONVENED AT 3:16 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER SANCHEZ AND COMMISSIONER WINTON FOUND TO BE
PRESENT.
84 7/20/00
27. REAPPOINTING ANGEL ZAYON AND JOSE MARBAN TO LITTLE HAVANA FESTIVAL
COMMITTEE (See #38).
Vice Chairman Gort: Good afternoon, everyone. Is Johnny standing around here and Commissioner
Sanchez? Commissioner Regalado, while we're waiting.
Commissioner Regalado: Yes, Mr. Chairman. Can I make some appointments? Are you going to follow
with the appointments?
Vice Chairman Gort: Let's continue with the appointments.
Commissioner Regalado: OK. On 29, is at that time the one that we need to do now, is Little Havana
Festival Committee? .
Vice Chairman Gort: Yes.
Commissioner Teele: (Inaudible, speaking off mike.)
Note for the Record: Commissioner Winton entered the Commission chamber at 3:17 p.m.
Commissioner Regalado: Oh, we didn't do 29. OK. So on 29, Angel Zayon.
Commissioner Teele: Second the motion.
Vice Chairman Gort: Any other — I'd like to reappoint Jose Marban.
Commissioner Teele: Second the motion.
Vice Chairman Gort: Commissioner Winton? You had Luis Sabines. I mean he's presently there,
nominated by Commissioner Plummer.
Commissioner Winton: Actually, I don't know. Is he — do you all have any idea whether he's still
interested in. serving on this committee or not?
Vice Chairman Gort: I imagine he would be.
Commissioner Winton: Because I'd like to appoint somebody who's really interested in working in that
area.
Commissioner Teele: Why don't you temporarily pass it and check with him.
Commissioner Winton: Yeah; and we'll check with him. So let's call and find out if he's —
Commissioner Teele: Move the appointments of the two proffered names, Mr. Chairman.
Vice Chairman Gort: It's been moved and seconded.
85 7/20/00
Commissioner Winton: Second.
Vice Chairman Gort: Is there any discussion? Being none, all in favor, state it by saying "aye.,"
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 00-627
A MOTION REAPPOINTING ANGEL ZAYON AND JOSE MARBAN
AS MEMBERS OF THE LITTLE HAVANA FESTIVAL COMMITTEE.
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 L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
86 7/20/00
28. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD ,(James Moss).
Vice Chairman Gort: Nuisance Abatement Board. Commissioner Teele, you have one nomination.
Commissioner Teele: I would move the appointment of Mr. James Moss.
Commissioner Regalado: Second.
Vice Chairman Gort: OK. All in favor of the nomination forwarded by Commissioner Teele, state it by
saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-628
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE NUISANCE
ABATEMENT BOARD FOR A TERM AS DESIGNATED HEREIN.
(Here follows body of the 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 L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
Vice Chairman Gort: Property and Asset Review Committee. Commissioner Regalado, Sanchez and
Teele.
Commissioner Teele: What number is that? What number is that?
Vice Chairman Gort: Thirty-two.
Commissioner Teele: What about 31, Co -Designation?
Vice Chairman Gort: Yes. I didn't want to do that one, but OK. Go ahead. You have one nomination.
87 7/20/00
Commissioner Teele: Could I temporarily pass mine till next week?
Vice Chairman Gort: Sure.
Commissioner Winton: Same here.
Vice Chairman Gort: Okie doke.
Note for the Record: At this point, Agenda Item 31 was deferred to the City Commission meeting
presently scheduled for July 27, 2000.
88 7/20/00
29. DEFER APPOINTMENTS TO THE PROPERTY AND ASSET REVIEW COMMITTEE.
Vice Chairman Gort: Thirty-two.
Commissioner Winton: So you knew that you wanted to go to 32. There was a reason for that.
Vice Chairman Gort: Right. I read your mind.
Commissioner Winton: Yeah.
Vice Chairman Gort: Regalado has one.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: Could we hear from Lori on this? Lori, are all of these members active? And are —
I know that you all had a recommendation recently and they changed the recommendation, which I think
the board should do. I don't think boards should be rubber stamps. I know you may not like the change.
I didn't like the change, but I like the fact that they're -at least functioning. Are you satisfied with the
board?
Lori Billberry (Director, Asset Management): Yes. We do have Mr. Cardon, which was yours, your
appointment. His term expired in May. Although he can continue serving, that appointment would need
'to still be filled. And then the other two, Commissioner Regalado and Commissioner Sanchez, are vacant.
So we do have difficulty getting a quorum.
Commissioner Teele: Does Mr. Cardon — well, I should inquire privately.
Vice Chairman Gort: OK.
Commissioner Regalado: Can we send this —
Commissioner Teele: To the next meeting?
Commissioner Regalado: -- to the next meeting?
Vice Chairman Gort: Sure. No problem.
Commissioner Regalado: I'll make the appointment on the next meeting.
Vice Chairman Gort: OK.
Note for the Record: At this point, Agenda Item 33 was deferred to the City Commission meeting
presently scheduled for July 27, 2000.
89 7/20/00
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30. APPOINTMENT TO THE URBAN DEVELOPMENT REVIEW BOARD (Todd Tragash).
Vice Chairman Gort: Thirty-three, Urban Development Review Board. Commissioner Winton has one
nomination and Commissioner Sanchez one nomination.
Commissioner Winton: Yes. I'd like to re -nominate Commissioner Plummer's appointment, which is
Todd Tragash, who I understand is a very good member of that committee.
Vice Chairman Gort: OK. There's a motion. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded. All in favor of the nomination, state it by saying
aye.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-629
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS AN ALTERNATE MEMBER OF THE URBAN
DEVELOPMENT REVIEW BOARD FOR A TERM AS DESIGNATED
HEREIN.
(Here follows body of the 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 L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT:- Commissioner Joe Sanchez
90 7/20/00
31. DEFER APPOINTMENT TO THE WATERFRONT ADVISORY BOARD.
Vice Chairman Gort: Thirty-four, discussion regarding parking at approximately Northwest Eighth Street
and Biscayne Boulevard.
Commissioner Regalado: No. Thirty-four is Waterfront.
Vice Chairman Gort: Excuse me?
Joel Maxwell (Assistant City Attorney): Thirty-four is Waterfront Advisory Board.
Vice Chairman Gort: Miami Waterfront Advisory Board. Commissioner Teele has one nomination.
Commissioner Teele: I'd like to interview Mr. Carl Smith and Mr. James Wellington. Let me just
temporarily pass that till—
Vice Chairman Gort: OK.
Note for the Record: At this point, Agenda Item 34 was deferred.
91 7/20/00
32. APPOINT DENIS ROD AS MEMBER OF THE CODE ENFORCEMENT BOARD (See #35).
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: I have a vacancy on the Code Enforcement Board, and I've been asked to
appoint a person so they have quorum. It's Dr. Denis Rod.
Vice Chairman Gort: OK. Do I have a second?
Commissioner Teele: Second.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. All in favor of the nomination state it by saying
aye.
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 00-630
A MOTION APPOINTING DENIS ROD AS A MEMBER OF THE
CODE ENFORCEMENT BOARD.
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 L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
92 7/20/00
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33. APPOINT JOSE ALVAREZ AS MEMBER OF THE ECONOMIC DEVELOPMENT
COMMITTEE (See #48-b).
Vice Chairman Gort: At the same time, I have an appointment to the Economic Development Committee.
I'd like to appoint Jose Alvarez.
Commissioner Winton: Second.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Gort, who moved for its adoption:
MOTION NO. 00-631
A MOTION APPOINTING JOSE ALVAREZ AS A MEMBER OF THE
ECONOMIC DEVELOPMENT COMMITTEE.
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 L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
93 7/20/00
34. MANAGER TO PROVIDE EXTRA ASSISTANCE AND STAFFING TO COMMISSIONER
REGALADO IN CONNECTION WITH THE ECONOMIC DEVELOPMENT COMMITTEE (See #48).
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: I have a memo that is dated July 20th, which says it's a preliminary report from the
Economic Development Committee.
Vice Chairman Gort: Mm=hmm.
Commissioner Teele: And I've not had the opportunity to read it, but I must say this to Commissioner
Regalado: That I really do think that this information is extremely useful. It's helpful in terms of my role
as a Commissioner, particularly the comparison, for example, of properties by district. And I would hope
that the Manager would take the opportunity to look at this and would redouble his efforts with staff to
provide more and greater support and second opinions to them, to the committee, because I think it really
gives us, from a management point of view, policy management point of view a unique tool to begin to
look at some of the issues. And I don't know if you've seen this, but I find it very helpful. And I'm
extremely interested in trying to make the right type of appointment to this committee, because I think the
work that Commissioner Regalado is doing really is very, very important to us. I'm going to share this
with you. I'm sure you've seen. it, Mr. Manager.
Commissioner Regalado: Yeah. It was delivered to your office yesterday, because it's on the pages of the
Commissioners, and I just thought that you would have some time to look it over. But anyway, when we
go to the blue pages, I'll tell you about it.
Note for the Record: Commissioner Sanchez entered the Commission chamber at 3:23 p.m.
94 7/20/00
35. APPOINTMENT_ S TO THE CODE ENFORCEMENT BOARD (Denis Rod and Antoine Auguste)
(See #32).
Commissioner Winton: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Winton: I have two appointments. I also have an appointment to the Code Enforcement
Board. Dr. Antoine Auguste.
Vice Chairman Gort: OK. There's a. motion. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: It's been moved and seconded. Discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-632
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS A REGULAR MEMBER AND AN
ALTERNATE MEMBER OF THE CODE ENORCEMENT BOARD
FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of the 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
95 7/20/00
36. APPOINTMENT TO CULTURAL AND FINE ARTS BOARD (Arnold
Mittelman).
Commissioner Winton: And I have an appointment to the Cultural and Fine Arts Board.
Mr. Arnold Mittelman.
Vice Chairman Gort: OK.
Commissioner Regalado: Second.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? All in favor of the
nomination state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-633
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE CULTURAL AND FINE
ARTS BOARD FOR A TERM AS DESIGNATED HEREIN.
(Here follows body of the 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Commissioner Regalado: I just want to say, Mr. Chairman, Mr. Mittelman is the right person for that
committee. I am telling you that the guy has so many ideas and so many connections. And I think that if
we do just ten percent of the ideas that he has, you know, it would work.
Vice Chairman Gort: Thank you.
.,
7/20/00
37. APPOINTMENTS TO THE INTERNATIONAL TRADE BOARD (Carole Ann Taylor, Antonio
Llano-Montes, Allen Sweeney, Raymundo Escarra and Najib Tayara) (See #23).
Vice Chairman Gort: Commissioner Sanchez, do you have any more?
Commissioner Sanchez: Mr. Vice Chairman, I have several appointments. And I apologize for being late.
I had to take care of some other matters. On the International Trade Board, I would like to appoint Carole
Ann Taylor for the International Trade Board. I would like to appoint Jesus Morales for the Little Havana
Festival —
Vice Chairman Gort: Let's go one at a time.
Commissioner Sanchez: One at a time.
Vice Chairman Gort: Motion and a second and —
Commissioner Winton: Second.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-634
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE INTERNATIONAL
TRADE BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of the 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
97 7/20/00
El
�J
38. APPOINTMENTS TO THE LITTLE HAVANA FESTIVAL COMMITTEE (Jesus Morales,
Angel Zayon and Jose Marban) (See #27).
Vice Chairman Gort: OK, Little Havana.
Commissioner Sanchez: That was the International Trade Board.
Vice Chairman Gort: Right.
Commissioner Sanchez: The Little Havana Festival Committee, I would like to reappoint Jesus Morales.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-635
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE LITTLE HAVANA
FESTIVAL COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of the 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
98 7/20/00
Ll
39. CONFIRM APPOINTMENT OF,. WILLY BERMELLO AS MEMBER OF THE URBAN
DEVELOPMENT REVIEW BOARD (See #30).
Commissioner Sanchez: On the Urban Development Review Board, I would like to reappoint Willy
Bermello.
Commissioner Winton: Second.
Vice Chairman Gort: It's been 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 Sanchez, who moved for its adoption:
MOTION NO. 00-636
A MOTION CONFIRMING THE APPOINTMENT OF WILLY
BERMELLO AS A MEMBER OF THE URBAN DEVELOPMENT
REVIEW BOARD.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Commissioner Sanchez: And I believe that's all the appointments for today, Mr. Chairman.
Vice Chairman Gort: Okie doke. Thank you.
99 7/20/00
40. DEFER CONSIDERATION OF DISCUSSION CONCERNING PARKING AT
APPROXIMATELY N.W. 8TH STREET AND BISCAYNE BOULEVARD.
Vice Chairman Gort: Item 35. Discussion regarding NW 81h Street and Biscayne Boulevard.
Carlos Gimenez (City Manager): Mr. Chairperson we — there's a couple of issues involved in this. One is
the legality of the City of Miami actually in developing an RFP (Request for Proposals) for this property.
And ,we've asked the Law Department to give us an opinion on whether we have to deal exclusively with
Off -Street Parking on this, and I have not received a legal opinion on the subject yet. The second issue is
that we did have a meeting with Off -Street Parking about that site, and they've given us a proposal, and,
you know, I don't wish to really — I wish to get the legal opinion from the Law Department first before I
decide to go ahead and proceed with the proposal from Off -Street Parking.
Vice Chairman Gort: Mr. Attorney.
Alejandro Vilarello (City Attorney): Commissioners, we're working on it. There's been a series of legal
opinions associated with the Department of Off -Street Parking. I'm trying to make sure that when we
conclude it, we're concluding with the right direction and advice to the City Manager.
Commissioner Teele: May I?
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Didn't — this is City -owned land, right?
Mr. Gimenez: Yes, sir.
Commissioner Teele: Didn't the Bayfront Trust have a competitive bid process on City -owned land?
Mr. Vilarello: Yes, sir.
Commissioner Teele: So can you just give me the difference? What's the legal issue that's being raised
now?
Mr. Vilarello: The legal issue is whether or not the City must associate itself with the Department of Off -
Street Parking for the provisions of any parking services on parking facilities owned by the City.
Commissioner Teele: Say that again?
Mr. Vilarello: Whether or not the City must associate itself with the Department of Off -Street Parking
when we — when there's an operation of a parking facility owned by the City.
Vice Chairman Gort: I never heard of such a —
Mr. Vilarello: I've got three requests for legal opinions right now pending on that very same issue.
100 7/20/2000
Vice Chairman Gort: I've never heard of that before. But do we have an agreement with Off -Street
Parking, where if we want to create any parking, we have to give them first right of refusal?
Mr. Vilarello: No. Although historically, this concept of right of first refusal has been discussed and used
administratively. But there is no such —
Vice Chairman Gort: I understand. But is there is any legal documents that hold us to do that?
Mr. Vilarello: No.
Vice Chairman Gort: So it's the wish —
Mr. Vilarello: Well, there's a City — the City Charter provision provides language that supports the
discussion that City facilities are to be operated and managed by the Department of Off -Street Parking,
City parking facilities. Yet, Commissioner, there's examples of parking facilities in the City that have not
been managed by the Department of Off -Street Parking historically — Orange Bowl —
Vice Chairman Gort: Bayside, and so on.
Mr. Vilarello: Yes.
Vice Chairman Gort: Quite a few of them.
Mr. Vilarello: So in order to be thorough in the legal opinion, we're trying to make sure that we take into
consideration history, practice and the written language of the City Charter.
Vice Chairman Gort: When do you think you will have an opinion?
Mr. Vilarello: We've been working on it diligently. It should be done before the end of the week.
Vice Chairman Gort: What's the wish of the Commission? Hello? You all want to wait one more week
and bring this back?
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I think we ought to separate the issue.
Vice Chairman Gort: OK. Leave the legal matter to — go ahead, sir.
Commissioner Teele: Well, we've got — we've got at least two separate legal — we have two separate
issues here. First one is the parking lot, itself. And that's the issue that I'm most concerned about.
Vice Chairman Gort: Right.
101 7/20/2000
Commissioner Teele: It would seem to me that whether Off -Street Parking manages the parking lot or
not, there's got to be the improvements on the parking lot. This is how we get in the jackpot on this stuff.
Government never makes a decision until the thirteenth hour, and then we have to make a decision. The
reason we got into this is because we were about to open the Arena, and we had that land there, and we
had nobody to operate it. We granted it to the people that built the Arena. So I'm very interested in not
putting us back in that box. I would very much like to understand what are the options. Without regard to
the operator, what are the options on the improvement of the land associated with this lot? In other words
– in other words, whether Off -Street Parking operates the lot or the "XYZ" Company operates the lot, the
parking lot's got to be improved. Is that a fair statement?
Mr. Vilarello: Yes
Mr. Gimenez: Yes, sir.
Commissioner Teele: The long -- lead-time is improving the parking lot.
Mr. Gimenez: Yes, sir.
Commissioner Teele: So why don't we – assuming we have sufficient reserves to capitalize the lot, why
don't we at least look at putting the lot out for bid for the improvements, so that we're not doing what we
keep talking about all over town, where we wind up with government operating these facilities that really
are a detriment to the community. And Biscayne Boulevard is in everybody's district, really, in the
context that that really is one of our number one gateways into the City. Lori, you understand what I'm
saying?
Lori Billberry (Director, Asset Management): I believe I do. You want to put out for the construction of
the parking lot only at this point, right?
Commissioner Teele: Well, I mean, I'm willing to – I'm willing to accept the quagmire that we're in,
because I quite frankly believe there's nobody better to do the parking lot improvements than Off -Street
Parking. So that does not commit us to either course of action in terms of the operating of the lot.
Mr. Vilarello: Commissioner, that may — in fact, that's the question the Manager has asked me. And
that, in fact, if we do, if the City improves the lot -- The Manager's question is whether or not if he puts
out a bid for a third party to improve the lot and operate the lot whether he can lawfully do that, without
going through the Department of Off -Street Parking. And the legal issue may turn on that very question.
If you go ahead and improve the lot, there is language in the City Charter, which supports the position that
at that point, only the Department of Off -Street Parking could operate that facility.
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Wait a minute. Are you finished, Commissioner Teele?
Mr. Gimenez: Commissioner, I think the prudent course of action is to bring this back up next week.
We'll have another look at it. I would suggest that if we are able to issue an RFP that we allow whoever
the winner of that RFP, you know, make the improvements on the lot. If not, we're going to have to go to
102 7/20/2000
Off -Street Parking, and they will do the improvements to the lot. And they can do that a lot quicker than
the City could ever do it.
Vice Chairman Gort: Sure.
Commissioner Sanchez: If I could elaborate just a little bit, Mr. Chairman. On the attachment 1, I do see
one — I see a couple of things here that I'm very content with, and I agree with. But one of the things that
catches my eye is on the parking rates. The parking rates will be reviewed as to reasonableness. And one
of the things that we talk about and most of the complaints that I get is the high rate of parking rates in that
area there. If you look at the terms that are on this attachment, the agreements will be on a month-to-
month basis. The monthly fees to the City of Miami, we have a termination clause of 60 days events
notice to the non -cancelled party. If it's the wish of this Commission, we could wait till the 27th. If not,
you know, I'm willing to move it forward.
Commissioner Winton: Well —
Commissioner Teele: "Move it forward," what does that mean?
Commissioner Sanchez: Make the motion.
Commissioner Teele: To do what?
Commissioner Sanchez: This is just a discussion item? OK. Well, let it come back.
Mr. Vilarello: Mr. Chairman, I would recommend a deferral till the 27th
Vice Chairman Gort: Do I have a motion to defer for the 27th?
Commissioner Winton: One just comment about how I think this is going to play out. As long as this line
item is in the RFP, either party may cancel the agreement at any time without cause, upon providing not
less than 60 days advance notice. The private sector is not going to put capital improvements into
anything that has a 60 -day cancellation notice. The private sector puts money into stuff to make money.
Commissioner Sanchez: Not to lose it.
Commissioner Winton: There's no way they can make money with this provision in here. So we may
have a big argument about a whole bunch of nothing here.
Ms. Bilberry: That's correct. We were advised by the City Attorney's Office we still needed to use a
revocable license as the appropriate instrument.
Commissioner Winton: Right. And as long as we have to do this. And, you know, we can go to all of the
work to have the staff prepare the RFP and put it out. And I'm just betting that no one from the private
sector is going to come forward and respond to this RFP when they know that they can put a hundred
thousand dollars ($100,000) of capital improvements in, and 60 days later, have no revenue and get the
whole license jerked. Not. Wasting our time.
103 7/20/2000
Vice Chairman Gort: Do I have a motion? Do I have a motion?
Commissioner Sanchez: Motion to defer?
Vice Chairman Gort: Motion to defer.
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Further discussion?
Commissioner Sanchez: It'll come back on — what? — the 27th.
Vice Chairman Gort: Being none,— yes. Hopefully, by then, we'll have an opinion. All in favor state it
by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Winton, who moved for its adoption:
MOTION NO. 00-637
A MOTION TO DEFER CONSIDERATION OF ITEM 35
(DISCUSSION CONCERNING PARKING AT APPROXIMATELY
N.W. 8 STREET, AND BISCAYNE BOULEVARD) TO THE
COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 27,
2000.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
104 7/20/2000
9, 0
41. APPROVE AGREEMENT BETWEEN CITY AND FLORIDA BOARD OF TRUSTEES OF
INTERNAL IMPROVEMENT TRUST FOR: (1) LEASE OF 152,747.8 SQUARE FEET OF
SOVEREIGN SUBMERGED LAND ADJACENT TO 2640 SOUTH BAYSHORE DRIVE (DINNER
KEY MARINA) FOR PUBLIC MARINA PURPOSES WITH LEASE FEE OF $15,178.86 OR 6%
GROSS REVENUE FROM WET SLIP RENTALS, WHICHEVER IS GREATER; AND (2) WAIVER
OF DEED RESTRICTION FOR 134,370.4 SQUARE FEET OF CITY -OWNED SUBMERGED LANDS
FOR PUBLIC MARINA PURPOSES, WITH FEE OF $19,000 OR 6% GROSS REVENUE FROM WET
SLIP RENTALS, WHICHEVER IS GREATER.
Vice Chairman Gort: Item 36. Grove Harbor Marina, Marina and Marketplace.
Lori Billberry (Director, Asset Management): Item 36 — Lori Billberry, Director of Asset Management. I
just handed out a resolution and basically a reduced version of this survey, just to show you the different
areas. Yesterday — actually, the end of last week, we finally reached an agreement with the Division of
State Lands concerning the consideration to be paid for the waiver area. As you may recall, when we
started going through a waiver of deed restriction, we also discovered that we didn't own a portion of the
submerged lands, and have sought a lease from the state, which is the pink portion on the map. The rates
for that are governed by _the Florida Administrative Code. And for the area involved, it will be
approximately fifteen thousand, one hundred and seventy-eight dollars ($15,178) a year, or six percent of
gross from the wet slip rentals. On the waiver area, the negotiated amount is nineteen thousand dollars
($19,000) or six percent of gross from the wet slip rental. And then the green. portion is a disclaimer,
which is basically to clear the City's title, since we do have a legal right to own that, pursuant to the Butler
Act. So what I'm asking for today is basically approval in principle of the negotiated agreement, and we
would bring back to you the final documents for the waiver and the lease agreement, and disclaimer,
hopefully in September. And we are scheduled to go before the trustees, which is the Cabinet, next
Tuesday.
Commissioner Winton: So move.
Commissioner Sanchez: Second.
Vice Chairman Gort: Motion and a second. Under discussion. Mr. Manager, these are some of the things
that we need to work on. This contract was awarded what year?
Commissioner Sanchez: Years ago.
Ms. Bilberry: March of last year, it was signed.
Vice Chairman Gort: But the bid went out, people received the bid and they answered it what year? '78?
I mean '88? '98? Excuse me.
Ms. Bilberry: I don't recall. I think it was '97, somewhere in that area.
Vice Chairman Gort: Ninety-seven.
Ms. Bilberry: Ninety-six, '97.
105 7/20/00
Vice Chairman Gort: It's been three years. Somehow, when we put an RFQ (Request for Qualifications)
out, we have to make sure that we have clear title, that we're not going to have a problem, that whoever
gets the award of the contract has a bond, and that we give them a limit of time to get things done, because
it's been three years that we've been working on this. The City is supposed to be receiving three hundred
and fifty thousand dollars ($350,000) minimum a year. And that's about almost a million dollars
($1,000,000) that we've missed.
Carlos Gimenez (City Manager): That's correct.
Vice Chairman Gort: So we need to work on these things. And I know, Lori, you've done a tremendous
job on this. But before we do an RFP (Request for Proposals) or an RFQ, we have to make sure we've got
all the documentation together. Yes, sir.
Mr. Gimenez: Yes, sir.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
106 7/20/00
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-638
A RESOLUTION OF THE MIAMI CITY COMMISSION,
APPROVING, IN PRINCIPLE, A NEGOTIATED AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY,, WITH THE
STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FOR: (1) A LEASE OF APPROXIMATELY
152,747.8 SQUARE FEET OF SOVEREIGN SUBMERGED LAND
ADJACENT TO 2640 SOUTH BAYSHORE DRIVE, MIAMI,
FLORIDA, TO BE USED FOR PUBLIC MARINA PURPOSES, ON A
FIRST-COME, FIRST -SERVE BASIS, WITH AN INITIAL LEASE FEE
OF $15,178.86 OR SIX PERCENT (6%) OF GROSS REVENUE FROM
THE WET SLIP RENTALS, WHICHEVER IS GREATER; AND (2) A
WAIVER OF DEED RESTRICTION FOR APPROXIMATELY
134,370.4 SQUARE FEET OF CITY -OWNED SUBMERGED LANDS
TO BE USED FOR PUBLIC MARINA PURPOSES ON A FIRST-
COME, FIRST -SERVE BASIS, WITH AN INITIAL FEE OF $19,000
OR SIX PERCENT (6%) OF GROSS REVENUE FROM THE WET
SLIP RENTALS, WHICHEVER IS GREATER; FURTHER
DIRECTING THE CITY MANAGER TO BRING THE FINAL
NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO THE CITY COMMISSION FOR ITS FINAL
REVIEW AND CONSIDERATION.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner, Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
107 7/20/00
0 0
42. (A) DEFER DISCUSSION CONCERNING FINANCIAL UPDATE AND BUDGET
OUTLOOK.
(B) INTRODUCTION OF LINDA HASKINS AS A NEW DIRECTOR OF DEPARTMENT
OF MANAGEMENT AND BUDGET.
Vice Chairman Gort: Thirty-seven.
Carlos Gimenez (City Manager): Mr. Chairperson, Chairman, I'd like to defer this until next week.
Vice Chairman Gort: OK.
Mr. Gimenez: At this time, though, I would like to introduce Ms. Linda Haskins. She is the newly
appointed Budget Director. She comes to us with a lot of experience. She was — originally started out
with KPMG (Klynveld, Peat, Marwick, Goerdeler), Peat, Marwick. She attained the position of Senior
Manager there. Later on, moved to Senior Vice President and Controller of a major bank. And then from
1991 to '95, she was the Executive Vice President and Chief Financial Officer for that bank. And then she
has been working as an adjunct professor with the University of Miami since then. I think she brings a
wealth of experience, and I'm very happy that she accepted the position, and I would like for you to
welcome her to the City.
Vice Chairman Gort: Welcome. State your name and position.
Linda Haskins (Director, Management and Budget): My name is Linda Haskins. I'm Director of
Management and Budget.
Vice Chairman Gort: Thank you. I understand you were very well recommended.
Ms. Haskins: I hope so.
Vice Chairman Gort: Thank you. It's a pleasure to have you aboard.
Ms. Haskins: Thank you.
108 7/20/00
43. GRANT REQUEST FROM MIAMI -DARE ELECTIONS DEPARTMENT FOR PERMISSION
TO USE COCONUT GROVE CONVENTION CENTER AS BACKUP TO MARRIOTT RESIDENCE
INN, LOCATED AT 2835 TIGERTAIL AVENUE; .SUBJECT TO NO OTHER EVENTS SCHEDULED
FOR COCONUT GROVE CONVENTION FACILITY ON REQUESTED ELECTION DATE.
Vice Chairman Gort: Item 38. Request of the Coconut Grove Convention Center, an election. That's to
be used as the precinct?
Commissioner Sanchez: Well, they just —they want to use it as a backup.
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved. Second?
Commissioner Sanchez: Second.
Christina Abrams (Director, Public Facilities): If I can make a recommendation to the Commission.
Christina Abrams, Director of Public Facilities, and Gregg Wright, Manager of the Coconut Grove
Convention Center. We understand that they're asking for the Convention Center as a backup, but we'd
like to point out that we do book the facility. And in the event that it's booked, we'd like to have the
option of letting them know that it's not available if it has been booked.
Vice Chairman Gort: Well, my understanding is this is the —
Walter Foeman (City Clerk): Let me add something to that, please. I received a letter from Mr. Leahy
this morning, and he conveyed to me that it wouldn't be a carte blanche request, and that they would make
each request on an election -by-election basis, so the Convention Center has a right to inform him at that
time if the —
Vice Chairman Gort: No, no, wait a -minute. You're telling us that they're request for utilizing the
Convention Center be on the same day?
Mr. Foeman: No. I'm saying that they want to use the Convention Center as a backup polling site. So if .
that request is made, it would be done on an individual basis. In his original letter, he had requested to use
it permanently, as a permanent polling facility. But since the original request, he's revised his letter to use
it as a backup with the stipulation that they would request of the City to use it, and. if it's being occupied at
that time that they would just seek another site.
Commissioner Regalado: But Mr. Chairman, first of all, elections are on Tuesdays. I don't think that
there are many events on Tuesdays.
Ms. Abrams: Not many, but there are events on Tuesday.
Commissioner Regalado: OK. Now, I would think that the ideal place for one or two polling places of
the Grove on the presidential election would be the Coconut Grove Convention Center because of the
109 7/20/00
parking. If you go vote at the fire station in Coconut Grove, you will see that people have a lot of trouble
parking.
Commissioner Teele: Horrible.
Commissioner Regalado: It's very difficult. Now, if you work — and you will be working on Tuesday.
And if you go by a polling place and you have, you know, difficulty parking, you don't — you don't go.
You just leave. There are people that finish work at 5:30, and they get there at 6:00, 6:30. I would think
that we should offer that facility. Of course, they're going to pay. I mean, if they charge us for
everything, we should charge them for that. But what I think is — well, if they don't pay, they can't use it.
That's the way it is.
Ms. Abrams: They don't pay.
Commissioner Winton: Well —
Vice Chairman Gort: Excuse me a minute.
Commissioner Regalado: No, but Mr. Chairman —
Vice Chairman Gort: Let me interject a minute. My understanding is most of the facilities, they use; they
do pay for the use of the facilities.
Ms. Abrams: They don't use any public facilities I'm aware of, except for the Orange Bowl. And I don't
know the arrangement — oh, and the fire station.
Commissioner Regalado: They use fire stations. They use fire stations. And.they do pay to the American
Legion. They just moved two precincts to the American Legion on Southwest 16th Street and 27th
Avenue. But whatever. I think that for — forget about the County. For the residents of the Grove to have
a facility where they can park freely and without hassle on the presidential election, the Coconut Grove
Convention Center and parking lot will be the ideal place. So.
Vice Chairman Gort: I think what the Commissioner is saying and what we're saying is, according to
what Commissioner Regalado stated -- he's so correct — instead of backup, maybe they should be the main
polling place for them. And that way, we could book them up. But at the same time, my understanding is
they do pay.
Ms. Abrams: Well, the comment I was making is, you know, the Coconut Grove Convention Center,
when someone books it, they book the entire facility, parking and all, and this has an economic impact on
the area. I mean the County wouldn't book the Miami Beach Convention for an election, nor would they
use any of the — American Airlines or Miami Arena. I'm just saying that, you know, if they're going to
use it as a backup, at least consider, if we have booked it, to try"to find an alternative location.
Commissioner Teele: But I thought he said that they won't use it unless they get our permission.
Mr. Foeman: He stated that in his letter.
110 7/20/00
Commissioner Teele: Well, what are you talking about.
Mr. Foeman: I mean that's not even an issue.
Commissioner Teele: Well, what's the issue?
Commissioner Regalado: There is no issue.
Commissioner Teele: I thought -- Why don't we give them the office upstairs and let them use that. Is
that a problem with ADA (Americans with Disabilities Act) or something?
Commissioner Regalado: No. An elevator. It's not ADA- approved.
Vice Chairman Gort: OK. What is the —
Commissioner Teele: What's wrong with City Hall?
Vice Chairman Gort: There's a motion and there's a second.
Commissioner Regalado: What motion, Mr. Chairman?
Vice Chairman Gort: The motion is. to approve, according to Commissioner —
Commissioner Teele: Give them the second -- they're going to give them the floor.
Ms. Abrams: As an alternative. And if it's booked, you know, I mean, are we — because elections, you
don't know when elections are going to be —
Commissioner Winton: I think we're --
Vice Chairman Gort: If we're booked, we can't do it.
Ms. Abrams: OK.
Commissioner Winton: Right. We're approving the request of David Leahy, right? Which is here.
Mr. Foeman: Yes.
Commissioner Winton: The subsequent request.
Alejandro Vilarello (City Attorney): To use it as an alternative site.
Commissioner Winton: Right.
Commissioner Teele: As an alternative site, subject to the availability.
111 7/20/00
Ms. Abrams: Subject to availability.
Vice Chairman Gort: The availability, yes. OK?
Ms. Abrams: Thank you.
Vice Chairman Gort: The maker agrees with that?
Commissioner Winton: Sure.
Vice Chairman Gort: The seconder of the motion agrees with it. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Winton, who moved for its adoption:
MOTION NO. 00-639
A MOTION GRANTING REQUEST FROM MIAMI-DADE
ELECTIONS DEPARTMENT FOR PERMISSION TO USE THE
COCONUT GROVE CONVENTION CENTER (FORMERLY KNOWN
AS DINNER KEY AUDITORIUM) AS THE BACKUP TO MARRIOTT
RESIDENCE INN, LOCATED AT 2835 TIGERTAIL AVENUE,
SHOULD ONE OF THE POLLING PLACES IN THAT AREA
BECOME UNAVAILABLE FOR A SPECIFIC ELECTION, SUBJECT
TO THERE BEING NO OTHER EVENTS SCHEDULED FOR THE
COCONUT GROVE CONVENTION FACILITY ON THE
REQUESTED ELECTION DATE.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E: Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
112 7/20/00
44. AUTHORIZE ALLOCATION OF $135,000 TO MIAMI-DADE COUNTY METROPOLITAN
PLANNING ORGANIZATION ("MPO') FOR ADMINISTRATION AND, PREPARATION OF
TRANSPORTATION STUDIES FOR DOWNTOWN MIAMI LONG-RANGE TRANSPORTATION,
MASTER PLAN; ALLOCATING FUNDS FROM DOWNTOWN DEVELOPMENT SUPPLEMENTAL
FEE.
Vice Chairman Gort: OK. We have to — Now we can go to the PZ items.
Commissioner Sanchez: No.
Vice Chairman Gort: What's left?.
Commissioner Sanchez: Why don't we do Commissioners' items.
Vice Chairman Gort: You want to do Commissioners' items?
Commissioner Teele: Over PZ items?
Commissioner Sanchez: We have to break with PZ items, don't we?
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: Yes. I have a couple, I think.
Commissioner Regalado: No, because it's 2 o'clock. The PZ items -- there are people here.
Commissioner Winton: The first is a resolution of the City of Miami Commission authorizing the City
Manager to allocate funds to the Miami -Dade County Metropolitan Planning Organization for the
preparation of the Downtown Miami Long -Range Transportation Master Plan in a total amount not to
exceed a hundred and thirty-five thousand dollars ($135,000), allocating funds therefor from the
Downtown Development Supplemental Fee Account. And if you all remember, thanks to Commissioner
Teele's leadership, we were able to get through FDOT (Florida Department of Transportation), through
the MPO (Metropolitan Planning Organization) and technically, you'll have to help me there. But also,
from the County, we all agreed to each — three organizations agreed to match two hundred thousand
dollars ($200,000) each to do this long-range master transportation plan. This was approved by
Commission action back in July, and this is simply authorizing the funding of that request back in July.
Commissioner Teele: Second the motion. And Mr. Chairman, I think the important thing is that this.
money is being matched, again, for essentially what is a municipal function. Transportation is never
strictly municipal, but I think it represents one of the departures where the MPO is actually putting money
pursuant to a City -led initiative.
Vice Chairman Gort: OK. My understanding is this type of funding qualifies under impact fee, and I
understand we have some funds in there?
Carlos Gimenez (City Manager): I think it's DRI (Development of Regional Impact).
113 7/20/00
•
Clark Turner (Planning): Commissioner, Clark Turner, Department of Planning. The money is coming
from the DRI, downtown DRI administrative fee, among, which eligible uses are planning.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-640
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT
NOT TO EXCEED $135,000, TO THE MIAMI-DADE COUNTY
METROPOLITAN PLANNING ORGANIZATION ("MPO") FOR THE
ADMINISTRATION AND PREPARATION OF TRANSPORTATION
STUDIES FOR THE DOWNTOWN MIAMI LONG RANGE
TRANSPORTATION MASTER PLAN; ALLOCATING FUNDS
THEREFOR FROM THE DOWNTOWN DEVELOPMENT
SUPPLEMENTAL FEE, ACCOUNT CODE NO. 127001.380254.270,
FOR SAID PURPOSE.
(Here follows body of the 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
114 7/20/00
0 0
45. ALLOW COMMIS"SIONER WINTON TO EXTEND PERIOD OF TIME FOR FINAL
RECOMMENDATIONS BY CHARTER REVIEW AND REFORM COMMITTEE BY SIX TO NINE
MONTHS (See #55).
Commissioner Winton: And I have one more issue. It's an update issue. You all asked me to chair the
Charter Review Committee. And a number of you have not yet made your appointments to the Charter
Review Committee. We also had discussed that — yes, some had, but some hadn't. But we had a meeting,
I think two weeks ago, three weeks ago, our first meeting. And we had a good group of people, those that
were there. They felt at that meeting, however — and it was unanimous. Each of your appointments there
felt unanimously that there was no way that the committee could do any justice to the process of Charter
review in the time frame allotted. And they suggested that I come back before the Commission and ask
for a year to get this job done the right way. Now, that was then. Today, I've got new information. The
information is that the Mayor is interested in radically changing the entire form of government. And I can
tell you that from my viewpoint, I don't want to start off a volunteer process, getting a lot of top -notched
people involved in a thorough review of our Charter from top to bottom to bring forth recommendations,
and have the whole thing just turned upside-down. So, you know, I've got a lot of things on my schedule,
and I don't like to do things that could just through other mechanisms get completely turned upside-down.
So I need some dialogue and guidance here.
Vice Chairman Gort: I personally think you have a mission to accomplish, and you, as the Chairperson,
can have your request, and you're the one that's to direct it.
Commissioner Sanchez: Take your time. Do it right.
Commissioner Regalado: Anyway, anyway, you don't have time to put it on the ballot in November.
Commissioner Winton: Absolutely. Every single member that came to the meeting felt that we simply
didn't have time to do any justice at all. In fact, what we could do in that short a period of time is make
more mistakes than we could cure.
Commissioner Sanchez: Take your time.
Vice Chairman Gort: Make the motion.
Commissioner Winton: So, well, I will bring a motion back to the next meeting for a process to move
forward, if you don't mind.
Commissioner Teele: With a timetable.
Commissioner Winton: With a timetable, yes, sir.
Commissioner Teele: Yeah. But the only thing that I would ask, respectfully request is that you not take
a full year, and let me tell you why. If you take a year from now, we're right back where we started, and
that is the Commission doesn't have time to consider it, you know.
Commissioner Winton: Great point. Absolutely.
115 7/20/00
i
Commissioner Teele: If you take six months, nine months, it gives us a little bit of time for a dialogue.
Commissioner Winton: And I like that idea.
Commissioner Teele: But, you know, you got a minimum of 90 days and a maximum of 120, or whatever
the Charter says. And if you wait one year from now, we will be right —
Commissioner Winton: Back in the same.
Commissioner Teele: -- right on that. So, you know.
Commissioner Winton: I don't disagree with that, so I'll look at that carefully.
Commissioner Teele: A March/April, you know, time frame would be good. The only thing that you said
that does trouble me is another process. And the only thing is that, number one; we're looking for a
comprehensive Charter review process, which I think would be helpful. This in no way is going to
prevent initiatives or other — you know, we can't toll or stop everything that may or may not be moving.
We heard from our Mayor today who said he'd like to put something on the ballot. Ideally, you know,
that should go through that committee, but it probably won't have time if we decide to take it up. And I
mean, I just don't want to send a signal that everything's got to go through that committee, because the
fact of the matter is the Charter, the Charter process itself is open to 'the citizens, it's open to public
officials, it's open to this Commissioner. And I don't want to send a signal that we're not going to let
anything come through. Obviously, if the Mayor feels strongly about a subject matter, we should give that
consideration or some — we should give great weight to the Mayor's request. And I mean, I say that
sincerely. That doesn't mean we approve it. It doesn't mean we rubber-stamp it or go along with it. But I
do think that the Charter Review Committee should not take offense if the Mayor or the citizens come up
with something that's operating on a different time clock. And I say that because I think we need to
accommodate both, or at least we need to respond to both. And I can assure you that I'm not going to
rubber-stamp anything that the Mayor or another process may bring about. But if we do, since we have
this form of government, we should give deference to the Mayor wherever possible. That doesn't mean
rubber-stamp, but we certainly should take up his requests and treat them seriously.
Commissioner Winton: Well, I guess — let me go back to one of the — to the second point I made, and that
is about not wasting my time nor the time of the volunteers. As we read in the Miami Herald today, the
Mayor is moving in a direction to accomplish an objective of his own, and that is to eliminate district
seats. And that process that he hopes to accomplish sometime this spring, which, if successful, has the
potential to have all of us out of office or at least running for our seats again, or whatever the case may be,
on a Citywide basis. And so the point to that is that if that process is successful — and, you know, who
knows whether it will be or it won't be — but it can be successful. I mean, there's no question about it. It
could be successful. Then any work that I or the volunteers who are interested in working on this
committee, that work literally gets just poured down the drain. And I have a lot of things on my agenda
right now. And taking up a very, very important task such as this and literally wasting our time over it
isn't very — it's hard to get inspired to do that kind of thing. So I'm not so sure, even though there are a lot
of things that we would like to look at, you know, I'm not so sure that we shouldn't wait until -- You
know, we might be a year premature here.
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Vice Chairman Gort: Commissioner Winton, somehow, I got designated to create the districts. And one
of the reasons we created the districts, first of all, is we made a commitment to the City of Miami and to
its residents. And number two; there was a court challenge that was presented here by a group of
individuals. Anything could happen, but I can tell you, the districts is something that's been going
through the courts, and that's something I can tell you that if it goes, it goes to court. The other thing, as
we talked, there was a lot of Charter changes that we need to look into to improve the services being
provided by the City of Miami. So I don't think you'll be wasting any time. I don't believe your people
would be wasting time. I think it's much needed. We discussed this quite a bit. There's quite a few of
them. And like I told you, staff has enough material on some of these changes that need to be done that
they need to be smoothed out, and the language needs to be well put at the same time. And education has
to go through process so the people can understand what they've voting on so they can vote on it.
Commissioner Winton: I don't have a quarrel with what you said relative to need nor process. The
concern I have is that that need and process gets turned completely upside-down if you have a whole new
slate of folks sitting up here with a totally different agenda, and that's the only point that I'm making here.
Vice Chairman Gort: Let me tell you, the one thing that I've been saying for the last three to four years, if
you look at this country and all the major countries, they're ran by "technocrats." Let's face it,
Commissions come and go. If you have the right structure and you have the right professionals, we up
here could change, but if you have set up the right system, the City will continue to run, the administration
will continue to run it, and the technocrats are the ones that will run it, just like they do corporations.
Commissioner Winton: But the technocrats won't have -- the Charter review work will not be in place.
The vote for the Charter review will not occur until next November. That is long after whatever is going
to happen in the spring, if something happens in the spring. So the technocrats will have zero say, zero
influence, zero anything in that regard.
Commissioner Regalado: Don't worry, Johnny. We'll go to the same judges that threw away the election.
Commissioner Winton: So you all want me to move forward with this process?
Vice Chairman Gort: Of course, we should. OK?
Commissioner Winton: All right.
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® 0
46. DISCUSSION AND PERSONAL APPEARANCE BY MR. LEROY LLOYD, CHAIRMAN OF
THE OVERTOWN ADVISORY BOARD.
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: Mr. Chairman, we have a personal appearance by Mr. Leroy Lloyd, Chairman of
the Overtown Advisory Board that wanted to address the Commission. Mr. Lloyd, welcome, sir.
Rev. Leroy Lloyd: Reverend Leroy Lloyd, and I'm the chair of the Overtown Advisory Commission —
Overtown Advisory Board to the Commission to say 'that the people of Overtown have very little
confidence and faith in the City, based on past history with regard to Overtown. It is really an
understatement. But I wanted to call your attention to the Ordinance 11210, which gave authorization to
the Overtown Advisory Board, and it reads as such: One — reading from Section 6 of this, page 10:
Review and recommend to the City Commission approval, approve with conditions or disapproval of all
City funds or assisted activities, developments or improvements in the Overtown area. And then it goes
on to say: Required time of submission of all information as may be reasonably necessary for the
Overtown Advisory Board to evaluate completely City funded or assisted activities, developments or
improvements in the Overtown area prior to City Commission taking action on such activities,
developments or improvements. To recommend from timeto time to the City Commission modifications
and/or amendments to the Southeast Overtown/Park West Redevelopment Plan, and recommend to the
Community Development Citywide Advisory Board activities, developments or improvements for
Overtown. These are taken from the ordinance, which established the Overtown Advisory Board. There's
been a lot of; I know, discussion,controversy about funding with CRA (Community Redevelopment
Agency). But one of the things that I'm here to talk about, really, is the rest of Overtown. The CRA only
takes up a portion of Overtown, and there is the other part of Overtown that I'm concerned about. And I
am urging this City Commission to really give weight, give thought to that, and to, in directing your
activities, keep the rest of Overtown in mind. So this is essentially what I wanted to address to the City
Commission at this particular time. There are a couple of things that we would like to have you take a
look at from time to time, or when possible, and one is to stop the placing of homeless shelters and/or
services in the Overtown community. That a two hundred and fifty thousand dollar ($250,000) impact fee
to offset social problems in that area caused by homeless should be paid to Overtown for each homeless
base community coming into the Overtown area. Provide a grant to bring up to code the rooming houses
in Overtown before we get new groups of homeless people. No more demolition of buildings in
Overtown. Several good buildings have been demolished in the past 18 months. These buildings should
have been made available to families in Overtown. If we keep tearing down and not rebuilding, where
will the children come from to support our historical high school? Where will the businesses get their
customers from. Code enforcement should be done with notice to the Overtown Advisory Board before a
fine is placed on the property owners. The gateway to Overtown identified years ago and approved by the
OAB (Overtown Advisory Board) as well as the Planning Department should be put in place. We were
told that the funds were available in 1998 by the Planning Department, but the signs have not gone up.
Cultural Arts program for parks in Overtown, since none of the groups in Overtown who work with
children seem to have met the requirement for funding. A positive, well planned program for the large
population of senior citizens in Overtown who are sitting under the expressways and trees with nothing to
do, and a fixed income that would provide just a ticket to the movies. Economic development that would
provide immediate relief to the residents by providing them with jobs and the chance to own their own
businesses. Make the 3rd Avenue Business Corridor a real business corridor by attracting some new
118 7/20/00
businesses to the corridor, and helping the businesses that are already on the corridor. Overtown, the
Overtown Shopping Center has far too many police cars parked in front. One wonders if it's safe to stop
there with all of the police cars out front. Customers are sometimes forced to park in the rear. These are
some of the things that we are most concerned about, and I hope that you will be able to address these for
us. Thank you.
Vice Chairman Gort: Thank you, sir.
Commissioner Sanchez: Thank you, Mr. Lloyd.
119 7/20/00
47. COMMENTS BY COMMISSIONER SANCHEZ REGARDING UPDATE OF WORKERS'
COMPENSATION CASES.
Vice Chairman Gort: Next, Commissioner Sanchez.
Commissioner Sanchez: Yes. As you know, when I first arrived at this Commission, I looked at the risk
management, and was alarmed to see the large numbers of open claims that we've had. And it's been my
pet peeve in this Commission to review the process and work with the staff, and find ways to reduce it.
The numbers were alarming when we first identified the problem and looked into it. I remember — and
correct me if I'm wrong — it was 2,793 open claims. And I am glad to see that I will — you know, the
improvements that we've been able to do. Let me just give you a brief breakdown of the reductions in the
open claims by the major departments. October the 1St of '99, we had in the Police Department — and
we'll go total. We'll just go down all the departments, the Police Department, the Fire Department, the
Solid Waste, Parks, Public Works, GSA (General Services Administration), and any other department
within the City. We had in October the 1St, '99, 2,193 open claims. We have made significant
improvement in cases today, as we review this document. On July 1, 2000, there's 1,444 open claims.
Now, when we compared the open claims with the other major cities in Florida, we were extremely high.
And I'm very glad to see that we have been able to bring it down to 1,444. Now, most of the numbers
percentage -wise on open claims, I mean, are basically the three departments which basically are the ones
that are out there physically working or doing things that have higher risk of getting injured. Of course,
Police being the largest, which is 55; Fire, 20; and Solid Waste is 14 percent; Parks, two percent; and
Public Works is 1 percent; and GSA, 3 percent; ' and all. others, 5 percent. I'm glad to see that we're down
to 1,444 cases. I would like to bring it down. And I know I'm pushing you, and I know that I've been
pushy at times in asking for information and always asking you to come in front of this Commission. But
I just think that it's something that we have made a significant improvement. I think that we've made a
significant improvement in a lot of things. And I think that not only do we need to know, but I think the
people need to know that we are working very hard to make improvements to all this. So I commend you,
and I commend the staff, and management and the Commission for basically allowing me at every
Commission meeting to address this issue. So thank you so much.
Vice Chairman Gort: Thank you, sir.
120 7/20/00
48. (A) DISCUSSION CONCERNING PRELIMINARY REPORT FROM THE
ECONOMIC DEVELOPMENT COMMITTEE.
(B) APPOINT PATRICK RANGE AND JOSE ALVAREZ TO THE
ECONOMIC DEVELOPMENT COMMITTEE (See #34).
Vice Chairman Gort: District 4, Commissioner Regalado.
Commissioner Regalado: Thank you, Mr. Chairman. I will begin by reporting about
issue E. It's the preliminary report from the Economic Development Committee. The
City Commission created an Economic Development Committee and gave directions to
work trying this committee to be the conduit for ideas for the City Commission. This is a
preliminary report that was delivered to your office and to you and the Manager. And
basically, what we wanted to do on the report, on the preliminary report is give you an
idea of what the different districts of the City of Miami are about. For instance, we
looked at the parks, and this is the first thing we did, because the City Commission has
shown an extraordinary interest in the parks. And we did this in order for you to know —
I'm sure that we all know — but to have it in writing, some data regarding the parks.
Also, the County properties and properties adjacent to waterfronts, the non-taxable
properties in the City of Miami. And I took some notes of the discussions in several
meetings of the City Commission. The foreclosures account has been one of the
concerns of the City Commission. This is only the beginning. And Commissioner Gort
has just appointed a member and it's a very prominent member of our community, a
businessperson that I hope that would bring ideas to this committee. The committee —
recently, the members available heard the presentation from the CRA (Community
Redevelopment Agency) on Bicentennial Park, and the committee also will be addressing
that in terms of data and information. We'd like to thank Lori Billberry for her
cooperation, and, of course, Rob Rosas, who was assigned by the Manager as a liaison
for the Economic Development Committee. We will have for you the next formal report
at the end of September, in the last meeting of September, and we will bring different
ideas for the City Commission to consider. So this is the first report.
Commissioner Winton: Commissioner Regalado.
Vice Chairman Gort: Thank you, sir.
Commissioner Winton: Could I ask you a question on the facts about the City of Miami
parks that second page?
Commissioner Regalado: Yes, sir.
Commissioner Winton: Segment 2 there of these 35 are one acre or more, so I see that.
But you go down to the last segment and it says one acre or more. What's the —
Commissioner Regalado: It should have said more than three acres.
121 7/20/00
9
Commissioner Winton: The one up top?
Vice Chairman Gort: No. The one on the bottom.
Commissioner Winton: The one on the bottom. Three acres or more?
Commissioner Regalado: I'm sorry?
Commissioner Winton: The one at the bottom should say three acres or more?
Commissioner Regalado: Yes, absolutely.
Commissioner Winton: OK.
Commissioner Sanchez: I'll get mine. It's in my office?
Commissioner Regalado: Yeah, it's in your office. So I'm sure that, you know, this is
information available, and this is information that we can get from the Manager. But I
thought that -- And also attached you will find the Manager's report on the status of
major projects. We thought that we'd include that, although we already have it, but just
as additional information to this data. So that is —
Vice Chairman Gort: OK.
Commissioner Winton: It's very good, Commissioner Regalado.
Commissioner Regalado: Thank you, sir.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Thank you. Yes, sir.
Commissioner Teele: Again, this information is extremely helpful. And, you know,
given the fact that we're such a small body, it's impossible to function through
committees of the board, that is with — like in a legislative body. So I think this process
is extremely helpful. I do think that the analysis of major projects and where they are
begs again the point that the Chairman just made about a project that was awarded before
I arrived here, and yet — what's that? The Grove, Grove thing. You know, we definitely
need through the Commission a tracking process. And I think to the extent, you know,
that you all have this committee, we really need to sort of, you know, direct or request
that you all begin a formal tracking process and maybe the Budget and Management
Office — the title of the Budget Office is Budget and Management, right?
Carlos Gimenez (City Manager): Management and Budget.
122 7/20/00
Commissioner Teele: Management and Budget. Maybe they can help us design a
tracking networking system. But Commissioner Gort's point just a moment ago, you
know, that we're losing literally millions of dollars because we've not been able to roll it
out, and at the end of the, day, it's up to us to make up the shortfall. So we're sort of
working against ourselves. And I would ask your committee to look at that. With your
permission, Mr. Chairman, I would like to appoint the son of someone who's well known
to us, but he's taking over more and more of the business, and appoint Patrick Range to
the Economic Development Committee, the CEO (Chief Executive Officer) of Range
Funeral Home, if you would accept him as an appointee.
Commissioner Regalado: Absolutely, of course.
Commissioner Teele: So move.
Commissioner Regalado: Thank you.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor, state it — on the
nomination, state it by saying "yes" — "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Yes.
Commissioner Winton: See, I listen.
Vice Chairman Gort: You guys are awake. OK, that's good. Okie doke.
The following resolution was introduced by Commissioner Teele, who moved for its
adoption:
RESOLUTION NO. 00-641
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE ECONOMIC
DEVELOPMENT COMMITTEE FOR TERMS AS DESIGNATED
HEREIN.
(Here follows body of the resolution, omitted here and on file in the Office of the City
Clerk.)
123 7/20/00
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
124 7/20/00
49. MANAGER TO DIRECT DEPARTMENT OF PUBLIC WORKS TO EMPLOY STREET
SWEEPERS ALONG CORAL WAY TO CLEAN UP LEAVES FROM ROAD WHEN FLORIDA
DEPARTMENT OF TRANSPORTATION TRIMS TREES ALONG CORAL WAY MEDIAN FROM
S.W. 17TH AVENUE TO S.W. 32" AVENUE.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: Item C is a discussion concerning a better method to beautify the Coral Way
Corridor. The reason that this is on the agenda is because Miami -Dade County Water and Sewer is going
to start a major project on Coral Way between 14`h and 25`h Avenue. They will be installing 56 -inch pipes
in several intersections. That is part of Commissioner Sanchez' district, three blocks and my district,
District 4. After WASA (Water and Sewer Authority) finishes, DOT (Department of Transportation),
FDOT (Florida Department of Transportation) will begin the repaving of Coral Way from 12`h Avenue to
37`h Avenue. They will not do anything with the trees in the median, but they will cut some roots and
some sidewalks will be reconstructed. The Director of FDOT, Jose Abreu, has requested, and I believe
that he has gotten two million dollars ($2,000,000) more from the state in order to do new lighting in
Coral Way. The reason is because the high poles always have — they conflict with the trees. And so
they're gointo do the same — they're going to try to do the same lighting system that they have in
Southwest 8` Street, those little green poles. Because of that, there have been several meetings with the
merchants, and they're really scared about the impact of this work. The FDOT work will last for 300 days
from 12`h to 37`h. And as part of that, in some of the meetings that we have had — and we had one last
week with WASA, FDOT, Commissioner Morales and myself — some of the people requested, well, what
can the City and the state do for us? I have here a letter from Gus Pego. Gus is the Director of Operations
for FDOT. I requested from FDOT help on trimming the trees. There are some trees that are falling on
the street, almost. There are other trees that are impeding the lights. So the letter from Gus Pego says
your letter of July 5`h, whatever, the department will certainly support the City in its cleanup efforts along
Coral Way by trimming the trees in the median from Southwest 17`h Avenue to 32nd Avenue. They have
identified those trees as the more critical. They have trimmed some of the trees in Southwest 3`d Avenue
already, Coral Way. They are requesting that Public Works contacts Mr. Jim Underwood. And John
Jackson has been working very close and he did work very close with FDOT on Southwest 8`1' Street.
What I'm asking of the administration is that when the tree trimming begins that we can use some of the
street sweepers that we have in our district and our NET (Neighborhood Enhancement Team) in order to
take some of the leaves that are accumulating. We used to have that corridor clean, but since we lost one
street sweeper, we only have one for the whole corridor for the Coral Way NET and —
Commissioner Teele: You have. a street sweeper?
Commissioner Regalado: Yes, we do. And we are requesting to do a parallel work. So --
Commissioner Teele: An automated street sweeper?
Commissioner Regalado: No. It's like a sort of a slave type, by hand. OK. Having said that, Mr.
Manager, I'll give you the details of FDOT and then you can give us a hand in the cleanup of Coral Way
125 7/20/00
in order to keep the merchants there and the residents happy because of the future work that is going to be
there.
Carlos Gimenez (City Manager): Yes, sir. We'll do what we can.
Vice Chairman Gort: Commissioner Regalado, why don't you make a motion that the administration be
instructed to have our people work very closely with you and the NET Office as well.
Commissioner Regalado: I will do that. But I think that the. Manager — OK.
Commissioner Teele: Second the motion. Second the motion.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 00-642
A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT THE
DEPARTMENT OF PUBLIC WORKS TO EMPLOY STREET
SWEEPERS ALONG CORAL WAY TO CLEAN UP LEAVES FROM
THE ROAD WHEN FLORIDA DEPARTMENT OF
TRANSPORTATION TRIMS TREES ALONG CORAL WAY MEDIAN
FROM S.W. 17TH AVENUE TO S.W. 32ND AVENUE.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
126 7/20/00
50. DEFER DISCUSSION CONCERNING MANAGEMENT AGREEMENT AT TOWER
THEATER.
Commissioner Regalado: The other issue, Item B, I will defer, Mr. Chairman, because the Manager has —
is working with the new administration of the Tower.
Note for the Record: At this point, Agenda Item D4 -B was deferred.
127 7/20/00
51. MANAGER TO ESTABLISH SEGREGATED ACCOUNT TO INCLUDE DONATIONS TO BE
RECEIVED IN CONNECTION WITH COSTS RELATED TO PROGRAMS FOR NET -9 CABLE
TELEVISION DEPICTING "MIAMI NEIGHBORHOODS"; MANAGER TO AIR ON A ONCE -A -
MONTH BASIS A PROGRAM ABOUT ONE OR TWO NEIGHBORHOODS FROM EACH
COMMISSION DISTRICT.
Commissioner Regalado: Item D is a discussion and update on what the Commission did here that -- the
desire to establish "Miami's Neighborhoods," a series of programs in Net -9. Two weeks ago, Secretary of
State Kathy Harris went to my radio program. She was being interviewed there, and I discussed with her
the idea, and she was very enthusiastic about it. She sent me this information of the special category
grants. And one of the categories says: Civic projects involving the development and presentation of
information on the history of Florida. Kathy Harris says that this programming fits into this category, and
that she is willing — she has money this year, and she's willing to help us in doing this. Besides this, I
have requested from private firms donations, and I have the commitment of several thousand dollars
already in donations. And I'm asking the Manager to establish a segregated account only for "Miami's
Neighborhoods" series. And the reason is very simple. My idea — and I have calculated some of the
money. We know that Net -9 does not have the possibility of filming, producing, editing and putting on
the air these programs. However, with this money, the Administration can go out to bid and get some
company to film whatever neighborhood is chosen to do this kind of programming. I will give the
Commission next week what I think should be done in terms of having the five, a series of five programs
done, one from each Commission district that the Commissioner of that district will work with the
residents in order to choose one historic neighborhood. That firm, whoever you choose, will be paid to
film under the direction of the neighborhood association. And the only thing that Net -9 will have to do is
edit that program. That program will have, mind you, sound on tape and film to be voiced over. The
editing time for a half hour program — it's about ten hours worth. If we do one program a month, Net -9
would only have to do a ten-hour shift to do this kind of program. They will get the raw material with the
sound, with everything filmed, which will be paid by this fund. And Net -9 would only have to edit the
program in order to accommodate. If Net -9 cannot do it, we can even pay it. But editing is what costs
more in this kind of program. So what I'm telling you, Mr. Manager, is that we will have the resources
out of the City budget to do this. We already have a demo tape from Coral Gate that I will be giving to
you that was filmed by a professional photographer who happened to be there, a Channel 6 photographer
who filmed, who did that program. I have the demo tape, and I think it's very important that we do this.
We can — I believe that we can do this once a month, going back to each district. Each district has more
than one or two neighborhoods that could be showcased. And at the end of almost two years, we can have
almost 30 of these programs. That will not be taken off the air, because that would not change. It's
"Miami's Neighborhoods." That will be an ongoing series that will be played on some days, some times,
some weeks. So that is the purpose. The State of Florida is willing to help, and I have already the
commitment of three firms that we will be getting a check in order to defray the cost of these series of
programs. So there's nothing you have to do. Just open the segregated account, and push the play button.
Carlos Gimenez (City Manager): We will be happy to accept the donations. And as an additional
thought, we are increasing the budget of Net -9 substantially next year because of the agreement with TCI,
and you should see more and better programming coming from Net -9 after they get these additional
resources. And we will be happy to accept that money and put these programs on the air.
128 7/20/00
•
Commissioner Regalado: Yeah, but that's another issue. And I'm sure that we'll be addressing that other
issue. But I'm saying that this does not have any impact on the budget other than maybe ten hours a
month. If we cannot do it because of the problems that we have in Net -9, we will pay for editing out of
this special account.
Mr. Gimenez: No, I'm saying that we're adding additional resources to Net -9 next budget year. They will
have the —
Commissioner Regalado: But I'm saying that this is a separate issue. That's what I'm saying. I'm saying
that this is a separate issue that should be discussed in a separate way.
129 7/20/00
52. DISCUSSION CONCERNING INQUIRY'INTO SGT. ROBERT FIELDER, JR.'S
MEMORANDUM REGARDING INVESTIGATION OF ELECTED OFFICIALS AND PHONE CALLS
MADETOCUBA FROM CITY HALL PHONES (See #56).
Commissioner Regalado: And the last issue is a discussion concerning the inquiry into Sergeant Robert
Fielder, Jr.'s memorandum' regarding the investigation of elected officials. Mr. Manager, last meeting, I
read into the record a memo that was in part published by the Miami Herald regarding some sort of
investigation on calls to Cuba, or Cuban spies or this kind of thing. I requested that you ask the Chief of
Police on this issue, and I have some questions for the Chief or the Manager. The first question is, Chief,
is there a Sergeant Robert Fielder in the Miami Police Department?
Raul Martinez (Chief of Police): Yes, sir, there is. Raul Martinez, Chief of Police. Yes, there is.
Commissioner Regalado: What kind of work he does?
Chief Martinez: Sergeant Fielder right now is detached to the U.S. Attorney's Office.
Commissioner Regalado: Where?
Chief Martinez: Detached to the U.S. Attorney's Office.
Commissioner Regalado: Did he write a memo to the former City Manager, Don Warshaw, regarding
calls to Cuba, Cuban spies in City Hall?
Chief Martinez: There is a memo that has been written. That memo is the subject of the investigation by
the statewide — by the State Special Prosecutor, so I would like not to comment on the contents of that
memo, if possible.
Commissioner Regalado: Not on the contents. But I just wanted to know if he did write that.memo.
Chief Martinez: There was a memo, Mr. Commissioner. I'm not exactly sure if that was to Warshaw or
not. I don't recall if — it was "from/to." I don't remember who the "to" was, sir.
Commissioner Regalado: But it was written by Mr. Fielder, by Sergeant Fielder?
Chief Martinez: That is correct.
Commissioner Regalado: According to a copy of the memo, it was to Mr. Warshaw. To your knowledge,
did he speak to the Mayor? Sergeant Fielder spoke to the Mayor before writing that memo?
Chief Martinez: Commissioner, I have — I mean that inquiry, I have not made from Sergeant Fielder. The
inquiry that I made from Sergeant Fielder is the same inquiry that I made from all the other people in the
previous memo that was drafted from the Manager to you, dated June 23rd, whether: they ever investigated,
whether they ever followed any Commissioner. I asked the same questions as I asked a slew of other
people. His answer is just like all the other people, that, no, he did not follow any Commissioner; no, that
he did not investigate any Commissioner.
130 7/20/00
•
Commissioner Regalado: So he did not -- According to the memo, he did not follow the Mayor's
request?
Chief Martinez: I don't have a full recollection of what the memo is asking him to do, Commissioner.
But, I mean, as to the questions specifically — and I asked Sergeant Fielder this morning, because he was
out of town and just got back into town this morning. That's why I could not do a memo for the
Manager's signature and get you a response earlier. His answer to my specific questions, which are the
same questions that I asked, you know, eight, nine, ten people and a couple of entire units of personnel.
The answer is, "no," he did not follow any Commissioner. The answer is, "no," he did not investigate any
Commissioners.
Commissioner Regalado: So the calls to Cuba were not investigated? That's the purpose of the memo, to
my reading, was some calls to Cuba.
Chief Martinez: If that was the allegation — again, I don't have the memo in front of me. I haven't seen
that memo now in weeks. If that was the purpose of the memo, if it related to a Commissioner being
investigated — I'm reaching this conclusion by the way that he, the sergeant answered the question — if it
related to us investigating a Commissioner for the calls to Cuba, the answer was "no," because he said he
did not investigate any Commissioner. He did not follow any Commissioner.
Commissioner Regalado: So that memo is now you say part of the Statewide Special Prosecutor
investigation?
Chief Martinez: That memo, the Statewide Prosecutor or the — I'm sorry, it's not the Statewide, it's the
State Special Prosecutor — has a copy of that memo. That memo, because there's some — there are
investigations going on, on long-distance phone calls. You know, it's part of another investigation that
has nothing to do with Commissioners. It's an internal matter that we're looking out for abuse of long-
distance telephone calls.
Commissioner Regalado: Just one last question. You're saying that the State Special Prosecutor is
investigating the long-distance telephone calls of City Hall?
Chief Martinez: No, no, Commissioner, that's not what I'm saying. If that's what you understood, I
apologize. I can tell you that the State Special Prosecutor has that memo, and he's looking at all the issues
that have to do with the so-called "Warshaw notes." I don't know if he's calling this as part of the
package of the Warshaw notes. And I'm calling them Warshaw notes for the lack of a better term, you
know, so we understand where it's at. I know he has it, because I have spoken to the prosecutor, and he
knows exactly what memo we're talking about, and he has it in his file. What he's doing with it or not, I
mean, I can't comment on that.
Commissioner Regalado: So just to clarify. He's not dealing with the long-distance calls.. He would be
dealing with the issue regarding the whole thing about the Warshaw memo, which will be the Mayor's
request to investigate elected officials. That's the purpose of him having the memo.
131 7/20/00
Chief Martinez: I believe so, Commissioner, but I really — to answer that 100 percent sure, I would have
to see what was the mandate by the Governor to him, as far as what he was charged with to investigate
during his inquiry.
Commissioner Regalado: Thank you. I'm done, Mr. Chairman.
Vice Chairman Gort: Thank you. Commissioner Teele.
Commissioner Teele: Thank you very much, Chief Martinez. I don't have any questions of you. And
again, I would hope we can get past this issue and move on.
132 7/20/00
53. SECOND READING ORDINANCE: DECLARE EXEMPTION FROM PROHIBITIONS
CONTAINED IN SECTION 36-6(a) OF CITY CODE RELATED TO LEVEL AND HOURS OF NOISE
RESULTING FROM CONSTRUCTION EQUIPMENT LOCATED IN THE PARK WEST AREA OF
THE COMMUNITY REDEVELOPMENT AREA.
Commissioner Teele: Mr. Chairman, with your permission, I would like to have the ordinance for second
reading. This is an ordinance declaring an exemption from the prohibitions contained in Section 36-6(A)
of the Code of the City as amended, as related to the level and hours of noise resulting from construction
equipment located in the Park West area of the Community Redevelopment Area. And Mr. Attorney, did
you —
(INAUDIBLE COMMENT NOT INCLUDED IN THE RECORD)
Commissioner Teele: Huh?
Joel Maxwell (Assistant City Attorney): It is an ordinance. It's in the packet.
Vice Chairman Gort: I think we read it once already.
Mr. Maxwell: This is second reading.
Vice Chairman Gort: This will be the second reading.
Commissioner Winton: So move.
Mr. Maxwell: It would have to be read — the title would have to be read in its entirety. The
Commissioner only read part. If you'd like, Commissioner, I'll read the title.
Vice Chairman Gort: OK, just a minute. Do you do that before the motion or -- ?
Mr. Maxwell: No, sir, after the motion.
Commissioner Winton: I move the motion.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved and seconded.
Commissioner Regalado: Second.
Vice Chairman Gort: OK. Go ahead.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Commissioner Teele: So move.
133 07/20/00
•
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION DECLARING
AN EXEMPTION FROM THE PROHIBITIONS CONTAINED IN
SECTION 36-6(a) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, AS RELATED TO THE LEVEL AND
HOURS OF NOISE RESULTING FROM CONSTRUCTION
EQUIPMENT LOCATED IN THE PARK WEST AREA OF THE
COMMUNITY REDEVELOPMENT AREA, SAID EXEMPTION TO
BE IN EFFECT FOR A PERIOD OF ONE YEAR FROM THE
EFFECTIVE DATE OF THIS ORDINANCE, SEVEN (7) DAYS PER
WEEK AS FOLLOWS: MONDAYS THROUGH FRIDAYS: 5:30 A.M.
TO 11:00 P.M. AND SATURDAYS AND SUNDAYS: 8:00 A.M. TO
'11:00 P.M.; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of June 29, 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11943.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Commissioner Teele: Thank you, Mr. Chairman. Mr. Chairman, I would ask the Manager to work with
the construction companies to develop a community awareness program. This has the potential again,
ladies and gentlemen, of being controversial. Any time you're making improvements, any time you're
doing anything in the community, you know, there very well will be people coming here complaining
about the noise.
134 07/20/00
•
•
54. DEFER DISCUSSION CONCERNING FLORIDA SENATE BILL 2346 RELATING JO THE
PORT AREA IMPROVEMENT AUTHORITY ACT.
Commissioner Teele: The other area, which involved Senate Bill 2346, I'm waiting for a call from the
Governor's General Counsel. I did not get that call. I'd like to defer that until the next meeting, if I could,
Mr. Chairman.
Note for the Record: At this point, Agenda Item D-5-13 was deferred.
135 1 7/20/00
55. COMMENTS BY COMMISSIONERS EXPRESSING OPPOSITION TO MAYOR'S
PROPOSAL FOR ELECTIONS TO BE HELD CITYWIDE INSTEAD OF BY DISTRICT — CITY
ATTORNEY TO BEGIN A DETAILED LEGAL REVIEW OF VOTING RIGHTS ACT
IMPLICATIONS RELATED TO MAYOR'S EFFORTS TO CREATE AT -LARGE ELECTIONS FOR
CITY OF MIAMI COMMISSIONERS (See #45).
Commissioner Teele: And I know that the hour is late. We should have been out of here probably an
hour ago. So I won't go into any other matters at this time, except, Mr. Chairman, to say that the issue --
which I don't want to get into I do or don't believe the Miami Herald kinds of issues. But when you read
the story today, it's a little disheartening. And the reaction of Commissioner Winton in terms of the
Charter review is typical, I think, of the kinds of chilling effects that these kinds of significant changes to
our Charter can create a level, a new level or a new sense of insecurity and stability. I'm up for election
next year, so it clearly doesn't affect me, in the context that no matter whether something like this comes
or goes, I'm up on the ballot next year. And I mean, you know, my constituents will deal with that issue.
But I really do think that this Commission, if three members are inclined to do so, should state on the
record, sort of as a straw vote, if you will, our disdain and disapproval of any effort to begin a process that
would bring about at -large voting. I think it has a number of issues. I am specifically requesting on the
record for the City Attorney to begin a detailed legal review of the voting rights implications of this type
of action. I don't think we should wait. I think the Mayor is the Mayor, and he's entitled to great
deference. And I think a part of that deference is we should take any effort emanating from the Office of
the Mayor very seriously, whether we approve of it or disapprove of it. I disapprove of any effort to
create at -large voting at this point in the strongest of terms. And I really do think — I don't want to put any
Commissioner in an uncomfortable position, but I really do think that at least three Commissioners or any
— at least one other Commissioner, perhaps, or two others, or all of us should state on the record our
opposition or our support for an effort to bring about at -large voting at this point in time. I think it would
have not only a chilling effect on governmental actions between now and then, I also think it sends a very
strong signal, a signal, quite candidly, that I think many of us are trying to get away from in the context
that this is going to be a community in which all parties and all communities are going to have a vested
say-so. We have an at -large system of government. It's called the mayor. And everyone in this City
votes at large for the mayor, as opposed to the old form where a mayor could be elected from among the
Commissioners, as in Tallahassee and many other cities, or any number of other forms of government that
we have in this country. We do have, I think, a blending of an at -large system with an elected mayor and
a district commission process. And I just would like to be on record as urging respectfully for the Mayor
to move on to other issues, and condemning in the strongest terms any effort to begin to bring about a new
series of instability and debate by the at -large voting system for the Commission. And I would yield to
Commissioner Winton, who I know has stated on the record, some clear concerns.
Commissioner Winton: Well, Commissioner Teele, you know, I don't have much to say, other than to say
that I couldn't agree with you more. I think you're said it all. That's exactly.right. This community
doesn't need to go through the kind of new uncertainty and turmoil that this whole process is bound to
create. And frankly, I think it's also going to be, in addition to creating new uncertainty, it's going to be
very divisive for our community. I think it's a terrible mistake at this time.
Commissioner Regalado: Mr. Chairman.
136 7/20/00
Vice Chairman Gort: Let me tell you, about two years ago, I was assigned and given the duty to go to the
Charter review. The same responsibility as given to Commissioner Winton, at that time I was given that
responsibility by every—
Commissioner Regalado: Three years. Three years ago.
Vice Chairman Gort: -- by everyone three years ago. And I had to run, instead of a four-year term, I only
had to run for a two-year term, in order to make sure that this thing worked out. And I think it's working
out well.
Commissioner Winton: Which you volunteered for.
Vice Chairman Gort: So this is something that I want to make sure that I let everybody know I will be
opposed to going back to what we had. Because the first time I got elected, I got elected Citywide, and I
didn't have any problem getting elected. And I had seven opponents at that time, and.some pretty good
names of opponents were at that time running against me or running for the same position, so I don't have
any problem doing it. But I think we made a commitment to the residents of this area, and I think there
were enough issues brought up by a lot of individuals within this community of the reasons why. And we
went to court, we went to court and we heard all of the appeals about the instability. And now that we're
getting back to where people have some faith in us, so we might even be able to increase the bond rating
because of the steps that we have taken, to bring another instability would be very difficult. So I just
wanted to mention that.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: Like you, the first time I was selected, it was Citywide, and there were nine
people running for that open seat, and I had the possibility of serving the people of Miami, then that
district -- until districts came about. I remember that myself and the Mayor did a very strong campaign in
favor of Reverend Richard Dunn when he was running for election after being appointed. I went with the
Mayor to the radio. We stood at Hispanic polling places seeking votes for Mr. Dunn. And the argument
was we have to be fair. And I think that this is not about turmoil, because when you mention turmoil, the
City Commission will be blamed for it, because it always is, unfortunately. This is about being fair. And
this is about mirroring the City of Miami. And I just don't think that the Mayor could have changed so
drastically when only three years ago, he and I – well, at that time, we were friends, but that's OK – he
and I did campaign in our community for a member of the Afro-American community. And that we did
because it was the right thing to do at that time. And what happened in that election triggered what you
had to do then, that if we – if you had not done what you did in 60 days or less, Mr. Chairman, we would
have had districts drawn by court. It's either that or that. So the districts were drawn by the City
Commission, and it helped the people. So having said that, I just want, to, I want to be on record that I
oppose even, even the notion of getting to the people this issue that will be very divisive in all the
communities.
Vice Chairman Gort: Thank you. Commissioner Sanchez.
137 . 7/20/00
Commissioner Sanchez: Mr. Chairman, the geographical numbers for our community — and we are a very
diverse community — clearly states that minority representation will be damaged. I don't think that — it
would be much, much harder to have equal representation, and the community demands equal
representation. When I first got here two years ago, before I got in a year before; there was a move to
have equal representation. I have been one, I think, in this Commission that has criticized the district
representation. It is not a fair system. But 1 mean it's — it's a fair issue. I mean we have — we represent a
district and we represent it, and everyone has representation. So if it's me making the number five to say
that I will not support it, I will not support it because it's just going to open up wounds that we have been
able to heal a long time ago. And it's just - I don't think it's in the right direction that the City needs to go
with all the improvements that we've made. It's not a perfect system, but it's a fair system. And that's
what I meant to say before.
Vice Chairman Gort: Thank you, Mr. Sanchez.
138 7/20/00
11
0
56. CLARIFICATION BY CITY ATTORNEY AS TO CORRECTION IN TITLE OF ORDINANCE
AS READ REGARDING CONSTRUCTION NOISE IN PARK WEST AREA (See #52).
Vice Chairman Gort: PZ -1.
Joel Maxwell (Assistant City Attorney): Mr. Chairman.
Vice Chairman Gort: I'm sorry. Yes. You need to clarify some title.
Mr. Maxwell: Just for purposes of clarification, I understand that when I read the noise exemption
ordinance a few minutes ago that I might have transposed one of the times, and just for purposes of
clarification, I just wanted to point out even though the ordinance, itself, the information in the Clerk's
Office and the information before you is correct, the days per week for the exemption are as follows,
again: Mondays through Fridays, 5:30 a.m. to 11 p.m. and Saturdays and Sundays, 11 a.m. to 11 p.m. I
just wanted to make that clear.
Vice Chairman Gort: Thank you.
139 7/20/00
57. AUTHORIZE CAP ON USER FEE OF $5,000 PER EVENT DAY FOR PRESENTATION OF
MATCHSEATS.COM COMMUNITY CHALLENGE 2000, SOCCER MATCH BETWEEN JAMAICA
HARBOUR VIEW F.C. AND COLOMBIA DEPORTIVOCALI, AT ORANGE BOWL STADIUM TO
BE CONDUCTED BY LOGOSPORT, INC. ORGANIZERS TO PAY ALL NECESSARY COSTS OF
CITY SERVICES AND FEES, AND OBTAIN INSURANCE TO PROTECT CITY AND COMPLY
WITH ALL CONDITIONS.
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Pocket items. Go ahead.
Commissioner Sanchez: Well, Johnny, you can start off You have any pocket items?
Commissioner Winton: No.
Vice Chairman Gort: No, I don't have any pocket items.
Commissioner Sanchez: Mr. Chairman, I do have one pocket item based on the Orange Bowl and the
hard effort of the City staff at the Orange Bowl and the Orange Bowl Committee. It is a pocket item that
respectfully requests that the City Commission consider the cap on user fee for the use of the Orange
Bowl by Logosport. Logosport will be presenting a professional soccer match between Jamaica Harbor
View F.C. and Colombia Deportivo Cali on July the 25th of this year. This event is expected to produce
net revenue for the City in excess of thirty thousand dollars ($30,000).
Vice Chairman Gort: So move it.
Commissioner Sanchez: So move.
Vice Chairman Gort: Second? Is there a second?
Commissioner Regalado: Second.
Commissioner Teele: Second.
Vice Chairman Gort: Discussion. Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
140 7/20/00
•
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-643
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING A CAP ON THE USER FEE OF $5,000 PER EVENT
DAY FOR THE PRESENTATION OF MATCHSEATS.COM
COMMUNITY CHALLENGE 2000, A SOCCER MATCH BETWEEN.
JAMAICA HARBOUR VIEW F.C. AND COLOMBIA DEPORTIVO
CALI, 2000, TO BE CONDUCTED BY LOGOSPORT, INC. AT THE
ORANGE BOWL STADIUM ON JULY 25, 2000, SAID'
AUTHORIZATION CONDITIONED UPON THE ORGANIZERS: (1)
PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND
APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (2)
OBTAINING INSURANCE TO PROTECT THE CITY IN THE
AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR
DESIGNEE; AND (3) COMPLYING WITH ALL CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY
MANAGER OR DESIGNEE; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
LOGOSPORT, INC. FOR SAID PURPOSE.
(Here follows body of the 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Vice Chairman Gort: You got any pocket items, Commissioner Teele? Commissioner Regalado, any
pocket items?
Commissioner Regalado: No.
Vice Chairman Gort: Thank you.
141 7/20/00
Note for the Record: AT THIS POINT, THE. CITY COMMISSION CLOSED CONSIDERATION
OF THE REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE
PLANNING AND ZONING PORTION OF THE AGENDA.
58. OFFICIAL CLOSURE OF PUBLIC RIGHT-OF-WAY LOCATED BETWEEN N.W. 17TH
AVENUE AND N.W.. 15TH AVENUE FROM N.W. 7TH STREET NORTH TOWARDS N.W. 8TH
STREET 120 FEET TO ALLOW A UNIFIED COMMERCIAL DEVELOPMENT (Applicant(s) Ashton
Ventures Two, LLC}
Vice Chairman Gort: PZ -1. As I recall, PZ -1 was referred from the last meeting to have an opportunity
for the neighbors to meet with the applicant and our administration.
Commissioner Sanchez: Mr. Chairman, I believe that it was in my district, and I think that they have
come to a mutual understanding, and they have support from the homeowners.
Vice Chairman Gort: Do you make a motion, sir?
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Any further discussion? Being none -- You have anything to add?
Bob De La Fuente: No.
Vice Chairman Gort: Thank you.
Mr. De La Fuente: Thank you.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
Commissioner Sanchez: Thank you so much for your patience, and thank you for working with the
homeowners.
Mr. De La Fuente: Thank you very much.
Commissioner Sanchez: Thank you.
Vice Chairman Gort: It helps. It works when you work with the people.
142 7/20/00
Commissioner Sanchez: Government at its best form.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-644
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), CLOSING, VACATING, ABANDONING AND
DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC
RIGHT-OF-WAY, BEING THE PORTION OF A LANE LOCATED
BETWEEN NORTHWEST 17TH AVENUE AND NORTHWEST 15TH
AVENUE FROM NORTHWEST 7TH STREET RUNNING NORTH
TOWARDS NORTHWEST 8TH STREET, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED
HERETO AND MADE A PART HEREOF.
(Here follows body of the 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
143 7/20/00
59. RECONSIDER VOTE TAKEN ON RESOLUTION NO. 00-572 WHICH HAD DENIED AN
APPEAL AND AFFIRMED DECISION OF ZONING BOARD DENYING A VARIANCE FROM
ZONING ORDINANCE 11000 TO ALLOW A SIDE YARD SETBACK OF 2 FEET FOR DOCKS FOR
PROPERTY LOCATED AT APPROXIMATELY 3,501 ANCHORAGE WAY.
Vice Chairman Gort: Item PZ -2.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -2 is a request to reconsider a resolution of
the Commission. At the last meeting, you all passed a resolution to deny an appeal of a variance. And as
you recall, the applicant was not here. It turns out that the applicant was not notified. And due to the —
Commissioner Teele: So the motion would be to move to reconsider?
Ms. Slazyk: To reconsider, to hear it at the —
Teresita Fernandez (Executive Secretary, Hearing Boards): The applicant was notified. The lawyer was
not notified.
Vice Chairman Gort: Who are you? I'm sorry, who are you?
Ms. Fernandez: I'm Teresita Fernandez from the Office of Hearing Boards.
Vice Chairman Gort: Thank you.
Ms. Fernandez: Thank you.
Ms. Slazyk: The attorney wasn't notified. So we would ask that you reconsider —
Commissioner Teele: Well, but under law, the applicant was not notified if the attorney wasn't.
Joel Maxwell (Assistant City Attorney): What happened, Commissioner —
Commissioner Teele: No. I would move to reconsider the item for the purpose of hearing it on —
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any discussion?
Commissioner Teele: Do we need to set a date and time to hear it?
Mr. Maxwell: It will be heard at the next meeting, Commissioner. It's already been —
Commissioner Teele: The 27tnq
144 7/20/00
Mr. Maxwell: That's correct.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-645
A MOTION TO RECONSIDER PRIOR VOTE TAKEN ON
RESOLUTION NO. 00-572, WHICH HAD PASSED ON JUNE 29, 2000,
AND WHICH HAD DENIED AN APPEAL AND AFFIRMED THE
DECISION OF THE ZONING BOARD, THEREBY DENYING A
VARIANCE FROM ZONING ORDINANCE 11000 TO ALLOW A
SIDE YARD SETBACK OF 2 FEET (10 FEET REQUIRED) FOR
DOCKS FOR THE PROPERTY LOCATED AT APPROXIMATELY
3501 ANCHORAGE WAY; FURTHER SCHEDULING
CONSIDERATION OF SAID ITEM FOR THE COMMISSION
MEETING CURRENTLY SCHEDULED FOR JULY 27, 2000.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado,
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Vice Chairman Gort: Do I have a motion to adjourn?
Commissioner Teele: Mr. Chairman, unless there is any other matter, I would move that we adjourn.
Vice Chairman Gort: Adjourn. Thank you. You all have a good one and see you next week.
145 7/20/00
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 4:50 P.M.
ATTEST:
WALTER J. FOEMAN
City Clerk
SYLVIA LOWMAN
Assistant City Clerk
WIFREDO GORT
Commissioner/Presiding Officer
(SEAL)
146 7/20/00