HomeMy WebLinkAboutCC 2000-09-14 Minutes•
CITY OF
s
MIAMI
COMMISSION
MEETING
MINUTES
OF MEETING HELD ON SEPTEMBER 14, 2000
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
INDEX
MINUTES OF COMMISSION MEETING
SEPTEMBER 14, 2000
ITEM NO.
SUBJECT
LEGISLATION
1.
PRESENTATIONS
9/14/00
1. RECOGNITION OF COMMISSIONER
PRESENTATION
WINTON'S PARENTS, MRS. DONNA AND MR.
1
SYLVESTER "CURLY" WINTON.
2. PROCLAMATION AWARD TO JOCELIN
MARTINEZ, BORN IN HAVANA, CUBA; ARTIST
PAINTER, BROADCASTER AND ACTRESS.
2.
CONSENT AGENDA
9/14/00
DISCUSS COUNTY ORDINANCE PROHIBITING
DISCUSSION
COMMUNICATION AFTER BIDS ARE ISSUED
2-13
(SILENCE) - LOCAL VENDORS OUTREACH -
CABLE TV DISPLAY OF BIDS.
2.1
ACCEPT BID OF SKYHANGER II CORPORATION
9/14/00
FOR PROVISION OF EMERGENCY AND
R-00-719
ROUTINE HIGH-RISE WINDOW CLEANING
14
SERVICES AT MIAMI RIVERSIDE CENTER, FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, $15,000; ALLOCATING FUNDS
FROM MIAMI RIVERSIDE CENTER GENERAL
OPERATING BUDGET, REPAIR/MAINTENANCE-
OUTSIDE.
2.2
ACCEPT BID OF KILPATRICK TURF &
9/14/00
INDUSTRIAL EQUIPMENT FOR
R-00-720
PROCUREMENT OF TWO NEW CUSHMAN
14
HAWK MODEL NO. 797012 GAS UTILITY
VEHICLES FOR DEPARTMENT OF SOLID WASTE,
$13,518; ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECT.
0 0
2.3
ACCEPT BID OF CRYSTAL SPRINGS WATER
9/14/00
COMPANY FOR CITYWIDE PROCUREMENT; OF
R-00-721
DRINKING WATER SERVICES AND SUPPLIES
15
FOR DEPARTMENT OF PURCHASING, 35,000;
ALLOCATING FUNDS FROM VARIOUS USER
DEPARTMENTS.
2.4
ACCEPT BID OF MAGNUM ENVIRONMENTAL
9/14/00
SERVICES, INC. FOR ACQUISITION OF WASTE
R-00-722
OIL REMOVAL SERVICES AT VARIOUS CITY
15
OF MIAMI FACILITIES, FOR DEPARTMENT OF
PURCHASING, $50,000; ALLOCATING FUNDS
FROM BUDGETS OF VARIOUS USER
DEPARTMENTS.
2.5
ACCEPT BID OF KILPATRICK TURF &
9/14/00
INDUSTRIAL EQUIPMENT FOR PROCUREMENT
R-00-723
OF TWO FABRICATED, SPECIALIZED RESCUE
16
VEHICLES (CUSHMAN MODEL 716/20) FOR
DEPARTMENT OF FIRE -RESCUE $65,033.22;
ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECT FUNDED BY THE FIRE
ASSESSMENT.
2.6
ACCEPT BID OF TEAM EQUIPMENT TO
9/14/00
PURCHASE TWO PARATECH MAXIFORCE, 245
R-00-724
TON, 10 BAG KEVLAR, AIR LIFTING BAG SET
16
AND ACCESSORIES FOR FIRE -RESCUE
DEPARTMENT, $17,842.28.
2.7
ACCEPT BID OF ERIC'S OUTBOARD MARINE
9/14/00
SERVICE, INC. FOR PROCUREMENT OF TWO
R-00-725
NEW CAROLINA SKIFF V-198 DIVE BOATS WITH
17
YAMAHA 130TLRY OUTBOARD MOTORS AND
TRAILERS, FOR DEPARTMENT OF FIRE -RESCUE,
$29,655.29; ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECT FUNDED BY FIRE
ASSESSMENT.
2.8
ACCEPT BID OF BAY PLUMBING COMPANY TO
9/14/00
FURNISH AND INSTALL FIVE WATER COOLER
R-00-726
FOUNTAINS FOR POLICE DEPARTMENT, $8,750;
17
ALLOCATING FUNDS FROM POLICE GENERAL
OPERATING BUDGET.
2.9
ACCEPT BID OF TAMIS GROUP FOR PURCHASE
9/14/00
OF PEDESTRIAN TYPE BARRICADES FOR
R-00-727
DEPARTMENT OF POLICE, $7,880; ALLOCATING
18
FUNDS FROM LAW ENFORCEMENT TRUST FUND.
2.10
ACCEPT BID OF FLORIDA POLICE PRODUCTS
9/14/00
FOR PURCHASE OF 550, RIOT SHIELD
R-00-728
CARRYING BAGS, FOR DEPARTMENT OF
18
POLICE, $12,100; ALLOCATING FUNDS FROM
DEPARTMENT OF POLICE GENERAL OPERATING
BUDGET.
2.11
ACCEPT BID OF AWARDS, INC., D/B/A TROPHY
9/14/00
WORLD, FOR PROVISION OF TROPHIES AND
R-00-729
PLAQUES, FOR DEPARTMENT OF POLICE,
19
$14,000; ALLOCATING FUNDS FROM
DEPARTMENT OF POLICE GENERAL OPERATING
BUDGET.
2.12
ACCEPT BID OF SOUTH FLORIDA
9/14/00
MAINTENANCE SERVICES, INC., FOR PROJECT
R-00-730
ENTITLED "BRICKELL AVENUE MEDIANS
20
LANDSCAPE MAINTENANCE, B-6359'9
$66,277.56; ALLOCATING FUNDS FROM GENERAL
FUND TO BE APPROPRIATED IN ANNUAL
APPROPRIATIONS ORDINANCE FOR FISCAL
YEAR 2001, $66,277.56.
2.13
ACCEPT BID OF F & L CONSTRUCTION, INC.
9/14/00
FOR PROJECT ENTITLED "FLAGAMI STREET
R-00-731
IMPROVEMENT PROJECT/IMPACT FEE, B-
21
4627," $137,750; ALLOCATING FUNDS AS
APPROPRIATED BY ORDINANCE NO. 11705,
ANNUAL APPROPRIATIONS AND CAPITAL
IMPROVEMENT PROJECTS ORDINANCE.
2.14
ACCEPT BIDS OF VARIOUS VENDORS BY
9/14/00
GROUP BASIS, DESIGNATED AS "PRIMARY,"
R-00-732
"SECONDARY," OR "TERTIARY," VENDOR (S)
22
BASED ON LOWEST COST, FOR FURNISHING
OF TEMPORARY PERSONNEL SERVICES, FOR
DEPARTMENT OF HUMAN RESOURCES TO BE
UTILIZED CITYWIDE, $450,000; ALLOCATING
FUNDS FROM VARIOUS USER DEPARTMENTS'
BUDGETS.
2.15
APPROVE PROCUREMENT OF UNIFORMS
9/14/00
FROM JULES BROTHER UNIFORMS, INC., FOR
R-00-733
BAYFRONT PARK MANAGEMENT TRUST, $7,000;
23
ALLOCATING FUNDS FROM BAYFRONT PARK
MANAGEMENT TRUST OPERATING BUDGET.
2.16
APPROVE FURNISHING AND INSTALLATION
9/14/00
OF SOD AT BAYFRONT AND BICENTENNIAL
R-00-734
PARKS, FROM PARKER SOD LANDSCAPE
23
CENTER FOR BAYFRONT PARK MANAGEMENT
TRUST, $12,000; ALLOCATING FUNDS FROM
BAYFRONT PARK MANAGEMENT TRUST
OPERATING BUDGET.
2.17
APPROVE PROCUREMENT OF ELECTRICAL
9/14/00
SUPPLIES FROM PARAMOUNT ELECTRICAL
R-00-735
DISTRIBUTORS, INC., FOR BAYFRONT PARK
24
MANAGEMENT TRUST, $70,000; ALLOCATING
FUNDS FROM BAYFRONT PARK MANAGEMENT
TRUST OPERATING BUDGET.
2.18
APPROVE PROCUREMENT OF SECURITY
9/14/00
GUARD SERVICES FROM INTER -AMERICAN
R-00-736
PROTECTIVE SERVICES FOR BAYFRONT PARK
24
MANAGEMENT TRUST, $137,600; ALLOCATING
FUNDS FROM BAYFRONT PARK MANAGEMENT
TRUST OPERATING BUDGET.
0 •
2.19 APPROVE PROCUREMENT OF OFFICE 9/14/00
SUPPLIES FROM APRICOT OFFICE SUPPLIES & R-00-737
STATIONERY, INC., FOR BAYFRONT PARK 25
MANAGEMENT TRUST, $10,000; ALLOCATING
FUNDS FROM BAYFRONT PARK MANAGEMENT
TRUST OPERATING BUDGET.
2.20 APPROVE PROCUREMENT OF PLUMBING 9/14/00
SERVICES FROM VARIOUS VENDORS, FOR R-00-738.
BAYFRONT PARK MANAGEMENT TRUST, $7,000; 25
ALLOCATING FUNDS FROM BAYFRONT PARK
MANAGEMENT TRUST OPERATING BUDGET.
2.21 AMEND RESOLUTION NO. 99-556 ACCEPTING 9/14/00
BID OF BEST MAINTENANCE & JANITORIAL R-00-739
SERVICES, TO INCREASE ANNUAL AMOUNT, 26
FROM $269,220 TO $274,416, FOR CUSTODIAL
SERVICES FOR POLICE DEPARTMENT;
ALLOCATING FUNDS FROM POLICE
DEPARTMENT'S GENERAL OPERATING BUDGET.
2.22 AUTHORIZE CONTRIBUTION TO COOL 9/14/00
SCHOOL PROGRAM'S OVERTOWN ACADEMY, R-00-740
AND ALLOCATING $42,000, FROM LAW 26
ENFORCEMENT TRUST FUND.
2.23 APPROVE PURCHASE OF MOBILE EQUIPMENT 9/14/00
REPLACEMENT PARTS AND SERVICES FOR R-00-741
HEAVY EQUIPMENT FLEET FROM VARIOUS 26
VENDORS, UNDER EXISTING MIAMI-DADE
COUNTY CONTRACT NO. 5380-2/00, FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, $170,000; ALLOCATING
FUNDS FROM DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, $90,000 AND FROM
DEPARTMENT OF PUBLIC WORKS,
STORMWATER MAINTENANCE DIVISION, $80,000.
2.24
AUTHORIZE MANAGER TO EXECUTE AN
9/14/00
AGREEMENT WITH MIAMI-DADE COUNTY
R-00-742
FOR INSTALLATION OF WATER MAIN
27
EXTENSION FOR ELIZABETH VIRRICK PARK,
3255 PLAZA STREET, TO PROVIDE ADEQUATE
FIRE PROTECTION.
2.25
AUTHORIZE MANAGER TO EXECUTE AN
9/14/00
AGREEMENT WITH MIAMI-DADE COUNTY
R-00-743
FOR INSTALLATION OF WATER MAIN
27
EXTENSION FOR KIRK MUNROE PARK, 3120
OAK AVENUE, TO PROVIDE ADEQUATE WATER
SERVICES.
2.26
AUTHORIZE FUNDS FOR SPONSORSHIP OF
9/14/00
HEMISPHERIC CONFERENCE OF POLICE
R-00-744
CHIEFS, AND ALLOCATING $50,000 FROM LAW
28
ENFORCEMENT TRUST FUND.
2.27
AUTHORIZE MANAGER TO EXECUTE AN
9/14/00
AGREEMENT WITH BELAFONTE TACOLCY
R-00-745
CENTER, INC., FOR CONTINUED
28
IMPLEMENTATION OF SPORTS DEVELOPMENT
PROGRAM AT TACOLCY PARK, $78,795;
ALLOCATING FUNDS FROM FISCAL YEAR 2000-
2001 BUDGET OF DEPARTMENT OF PARKS AND
RECREATION, AID TO PRIVATE ORGANIZATIONS
ACCOUNT.
2.28
AUTHORIZE MANAGER TO EXECUTE AN
9/14/00
AGREEMENT WITH SMALL BUSINESS
R-00-746
OPPORTUNITY CENTER, INC., FOR
29
MANAGEMENT AND OPERATIONS OF
"MAXIMO GOMEZ PARK," AKA "DOMINO
PARK," $59,075; ALLOCATING FUNDS FROM
FISCAL YEAR 2000-2001 BUDGET OF
DEPARTMENT OF PARKS AND RECREATION, AID
TO PRIVATE ORGANIZATIONS ACCOUNT.
2.29
DIRECT MANAGER TO ACCEPT EIGHT DEEDS
9/14/00
OF DEDICATION FOR HIGHWAY PURPOSES
R-00-747
AND AUTHORIZE RECORDATION OF SAID DEEDS
29
IN PUBLIC RECORDS OF MIAMI-DADE COUNTY.
2.30
CLASSIFY ONE 1994 AQUASPORT BOAT AS
9/14/00
CATEGORY "A" SURPLUS STOCK, SHOULD
R-00-748
SUCH VESSEL BECOME AVAILABLE;
29
STIPULATING THAT IN SUCH CASE, SAID
VESSEL BE DONATED TO CITY'S PARKS &
RECREATION DEPARTMENT AND BE
INCLUDED DEPARTMENT'S SUMMER SAILING
PROGRAM.
2.31
AUTHORIZE MANAGER TO ACCEPT A GRANT,
9/14/00
$104,600, FROM U.S. DEPARTMENT OF HEALTH
R-00-749
AND HUMAN SERVICES, TO PROVIDE CHILD
30
DAY CARE SERVICES ADMINISTERED BY
DEPARTMENT OF PARKS AND RECREATION
TO CHILDREN FROM LOW-INCOME FAMILIES
JULY 1, 2000 THROUGH JUNE 30, 2001.
2.32
ACCEPT CITY CLERK'S CERTIFICATION AND
9/14/00
DECLARATION OF RESULTS FROM ELECTION
R-00-750
HELD ON AUGUST 31, 2000, IN WHICH CERTAIN
30
INDIVIDUALS WERE ELECTED AS MEMBERS OF
OVERTOWN ADVISORY BOARD.
3.
APPROVE AND CONFIRMING MANAGER'S
9/14/00
FINDING OF SOLE SOURCE; WAIVE
R-00-751
REQUIREMENTS FOR COMPETITIVE SEALED
31-32
BIDDING PROCEDURES AND APPROVE
ACQUISITION OF VARIOUS RADIOS, MTS2000
AND LTS2000 SERIES, ASTRO DIGITAL
SPECTRA CONSOLETES BASE STATIONS WITH
SMARTNETTM TYPE II SOFTWARE, WITH
ACCESSORIES, FOR DEPARTMENT OF SOLID
WASTE, FROM MOTOROLA
COMMUNICATIONS AND ELECTRONICS, INC.,
SOLE SOURCE PROVIDER, $56,341.50.
4.
APPROVE AND CONFIRM MANAGER'S FINDING
9/14/00
TACOLCY ECONOMIC
OF SOLE SOURCE, WAIVE REQUIREMENTS
R-00-752
TO PROVIDE
FOR COMPETITIVE BID, APPROVE
33-34
COMMERCIAL LOAN
ACQUISITION OF A TRIGGERFISH 4080B
STIMULATE BUSINESS DEVELOPMENT AND
GROWTH IN CITY. (See #7).
CELLULAR SURVEILLANCE PRODUCT, FROM
HARRIS CORPORATION, FOR DEPARTMENT OF
POLICE, $55,000; ALLOCATING FUNDS FROM LAW
ENFORCEMENT TRUST FUND. .
5.
WAIVE REQUIREMENTS FOR COMPETITIVE
9/14/00
SEALED BIDS AND APPROVE ACQUISITION OF
R-00-753
AN ORION CANTRACK DIGITAL CELLULAR
35-36
TELEPHONE TRACKER FROM ORION
ELECTRONICS LIMITED, FOR DEPARTMENT OF
POLICE, $11,500; ALLOCATING FUNDS FROM LAW
ENFORCEMENT TRUST FUND.
6.
TABLE: PROPOSED ALLOCATION OF $9,979,000 OF
9/14/00
HOUSING OPPORTUNITIES FOR PERSONS WITH
TABLED
AIDS (HOPWA) GRANT FUNDS TO LOW INCOME
37
PERSONS LIVING WITH HIV/AIDS. (See #8 & 57)
7.
ALLOCATE $150,000 OF COMMUNITY
9/14/00
DEVELOPMENT GRANT FUNDS TO TACOLCY
M-00-754
ECONOMIC DEVELOPMENT CORPORATION, INC.
38
TO PROVIDE ADMINISTRATIVE COSTS TO
IMPLEMENT COMMERCIAL LOAN PROGRAM TO
STIMULATE BUSINESS DEVELOPMENT AND
GROWTH IN CITY. (See #9).
8. DISCUSSED AND TABLED: PROPOSED 9/14/00
ALLOCATION OF $9,979,000 OF HOUSING DISCUSSION
OPPORTUNITIES FOR PERSONS WITH AIDS 39-41
(HOPWA) GRANT FUNDS TO LOW INCOME
PERSONS LIVING WITH HIV/AIDS. (See #6 & 57).
9. ALLOCATE $150,000
OF COMMUNITY 9/14/00
DEVELOPMENT BLOCK GRANT FUNDS TO R-00-755
TACOLCY ECONOMIC
DEVELOPMENT 42-44
CORPORATION, INC.,
TO PROVIDE
ADMINISTRATIVE COSTS
TO IMPLEMENT
COMMERCIAL LOAN
PROGRAM TO
STIMULATE BUSINESS DEVELOPMENT AND
GROWTH IN CITY. (See #7).
10.
COMMENT BY REGALADO REGARDING
9/14/00
GUIDELINES ON OBTAINING LOANS FOR
DISCUSSION
SMALLER BUSINESSES.
45-46
11.
AMEND RESOLUTION NO. 00-90, WHICH
9/14/00
AUTHORIZED MANAGER TO ALLOCATE
R-00-756
$742,000 IN STATE HOUSING INITIATIVES
47
PARTNERSHIP (SHIP) PROGRAM FUNDS TO
TWO (2) DEVELOPERS FOR DEVELOPMENT OF
FORTY-NINE UNITS OF HOMEOWNERSHIP
HOUSING IN EDISON-LITTLE RIVER AND
OVERTOWN NEIGHBORHOODS, TO REFLECT
CORRECT NUMBER OF HOUSING UNITS TO BE
CONSTRUCTED BY BANYAN TOWNHOMES,
L.L.C.; AUTHORIZE MANAGER TO EXECUTE
AGREEMENT BETWEEN CITY AND LOCAL
INITIATIVES SUPPORT CORPORATION FOR
FINANCING OF PROPOSED BISCAYNE EAST
TOWNHOMES PROJECT PLANNED IN EDISON-
LITTLE RIVER NEIGHBORHOOD.
12.
APPROVE AND CONFIRM MANAGER'S ACTION
9/14/00
TO AUTHORIZE ACQUISITION OF FIVE
R-00-757
PROPERTIES LOCATED WITHIN MODEL CITY
48-49
HOMEOWNERSHIP ZONE BY ALLOCATING
HOME INVESTMENT PARTNERSHIP PROGRAM
("HOME") FUNDS, $103,000; AND $80,000 TO
SATISFY PAST DUE REAL ESTATE TAXES FOR
1999 AND OTHER LEGAL AND RECORDATION
COSTS ASSOCIATED WITH ACQUISITION.
13.
APPROVE AND CONFIRM MANAGER'S ACTION
9/14/00
TO. AUTHORIZE ACQUISITION OF THREE
R-00-758
MULTIFAMILY PROPERTIES LOCATED AT
50-51
1435, 1455 AND 1475 NORTHWEST 61ST STREET,
AND MAKE PAYMENT TO SATISFY REAL
ESTATE TAXES FOR PROPERTY LOCATED AT
1606 NORTHWEST 58TH TERRACE IN MODEL
CITY REVITALIZATION DISTRICT;
ALLOCATING COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM FUNDS
$300,000.
14. APPROVE AND CONFIRM MANAGER'S
FINDING TO EXPEND $138,787 IN HOME
INVESTMENT PARTNERSHIP PROGRAM
FUNDS TO MAKE PAYMENT AND SATISFY PRIOR
YEARS REAL ESTATE TAXES FOR 1998 AND 1999
ON EIGHT MULTIFAMILY PROPERTIES LOCATED
IN MODEL CITY AND OVERTOWN
NEIGHBORHOODS.
15. APPROVE AND CONFIRM MANAGER'S
FINDINGS OF EMERGENCY, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED
BIDS, AND AWARDING CONTRACTS AS
FOLLOWS: (1) BENNETT ELECTRIC SERVICE
COMPANY, FOR "SOUTHSIDE PARK - SECURITY
LIGHTS, B-6343," $28,382.50; (2) BENSON
ELECTRIC, INC., FOR "JOSE MARTI PARK SPORTS
LIGHTING PROJECT - BASKETBALL COURTS, B-
6332," $28,540; '(3) GANCEDO TECHNOLOGIES,
INC., FOR "RIVERSIDE PARK SECURITY LIGHTS
PROJECT, B-6338," $9,529.84; (4) GANCEDO
TECHNOLOGIES, INC., FOR "ROBERT KING HIGH
PARK SPORT LIGHTS PROJECT, B-6339,"
$58,178.52; (5) MAGESCO, INC., FOR "REEVES
PARK SECURITY LIGHTS, B-6342," $34,736; AND
(6) BENSON ELECTRIC, INC., FOR "WILLIAMS
PARK SECURITY LIGHTING PROJECT, B-6353,"
$38,921; ALLOCATE FUNDS FROM COMMUNITY
DEVELOPMENT BLOCK GRANT ("CDBG")
PROGRAM, SAFE NEIGHBORHOOD PARKS BOND
("SNPB") PROGRAM, AND IMPACT FEE
REVENUES.
9/14/00
R-00-759
52-53
9/14/00
R-00-760
54-59
•
16. APPROVE AND CONFIRM MANAGER'S
FINDING OF EMERGENCY, WAIVING FORMAL
SEALED BID PROCEDURES. FOR PROJECT
ENTITLED "CITYWIDE SIDEWALK
REPLACEMENT PROJECT PHASE 16 (SECOND
BIDDING), B-4624" AND AUTHORIZE MANAGER
TO ACCEPT BID OF WIS'S ENGINEERING AS
BIDDER FOR BID "A" OF SAID PROJECT,
$198,111.80, AND F & L CONSTRUCTION, INC., AS
BIDDER FOR BID `B" OF SAID PROJECT, $143,625;
ALLOCATING FUNDS AS APPROPRIATED BY
APPROPRIATIONS ORDINANCE NO. 11705,
$341,736.80.
17. (A) REJECT MANAGER'S RECOMMENDATION FOR
DENIAL OF A REQUESTED MORATORIUM OF SIX
MONTHS ON PAYMENT PLAN FOR PAST DUE
REVOCABLE LICENSE FEES FOR SHAUNDA'S
HAIR & NAIL SALON, LOCATED IN OVERTOWN
SHOPPING PLAZA; GRANT APPLICANT SIX
MONTH MORATORIUM ON PAYMENT PLAN FOR
PAST DUE REVOCABLE LICENSE FEES, $4,500;
HALT PAYMENT OF ADDITIONAL RENT DURING
MORATORIUM PERIOD; STIPULATE THAT IF
MARION AND SHAUNDA HAYES DO NOT BRING
THEIR RENT ($4,500) CURRENT WITHIN THE NEXT
SIX MONTHS, THEY WILL BE AUTOMATICALLY
EVICTED FROM SAID PREMISES.
(B) DIRECT MANAGER TO PRESENT A PLAN
WITHIN 45 DAYS TO DETERMINE IF OVERTOWN
SHOPPING CENTER CAN BE ESTABLISHED AS JOB
DEVELOPMENT CENTER.
9/14/00
R-00-761
60-63
9/14/00
R-00-762
M-00-763
64-80
18. EMERGENCY ORDINANCE: AMEND 9/14/00
ORDINANCE NO. 11332 WHICH ESTABLISHED ORDINANCE
INITIAL RESOURCES AND APPROPRIATIONS NO. 11957
FOR SPECIAL REVENUE FUND ENTITLED 81-82
"GANG RESISTANCE EDUCATION AND
TRAINING" TO INCREASE APPROPRIATIONS
TO $113,125, CONSISTING OF GRANT FROM
BUREAU OF ALCOHOL, TOBACCO AND
FIREARMS.
19. SECOND READING ORDINANCE: ESTABLISH 9/14/00
SPECIAL REVENUE FUND ENTITLED: "AUTO ORDINANCE
THEFT PREVENTION FUND"; AND NO. 11958
APPROPRIATE $5,000 RECEIVED BY CITY AS 83-84
CONTRIBUTION FROM MIAMI-DADE CIRCUIT
AND COUNTY COURTS.
20. COMMISSIONER TEELE TO MEET WITH
9/14/00
MANAGER AND CHIEF OF POLICE IN
DISCUSSION
CONNECTION WITH TELEVISED ACCOUNT OF
85
HIGH SPEED CHASE STORY INVOLVING MIAMI-
DADE COUNTY POLICE OFFICERS. (See #)
21. SECOND READING ORDINANCE: ESTABLISH
9/14/00
SPECIAL REVENUE FUND ENTITLED "VIRGINIA
ORDINANCE
KEY NATURE TRAIL DEVELOPMENT FUND"
NO. 11959
$79,873; CONSISTING OF GRANT APPORTIONED
86-87
BY SOUTH FLORIDA COMMUNITY URBAN
RESOURCES PARTNERSHIP ("SFCURP") FROM
U.S. DEPARTMENT OF AGRICULTURE, $19,973,
AND IN-KIND MATCHING FUNDS, $59,900, FROM
DEPARTMENT OF PARKS AND RECREATION
GENERAL OPERATING BUDGET.
22. FIRST READING ORDINANCE: ESTABLISH
9/14/00
SPECIAL REVENUE FUND ENTITLED: "DOMESTIC
FIRST READING
PREPAREDNESS EQUIPMENT SUPPORT PROGRAM
ORDINANCE
FUND" AND APPROPRIATING $98,634, RECEIVED
88-89
AS GRANT FROM U.S. DEPARTMENT OF
JUSTICE.
•
23. FIRST READING ORDINANCE: ESTABLISH
SPECIAL REVENUE FUND ENTITLED:
"BULLETPROOF VEST PARTNERSHIP GRANT II
FUND"; APPROPRIATING $81,621.18 CONSISTING
OF GRANT FROM U.S. DEPARTMENT OF JUSTICE
TO ASSIST POLICE OFFICERS IN ACQUISITION OF
BODY ARMOR.
24. FIRST READING ORDINANCE: ESTABLISH
SPECIAL REVENUE FUND ENTITLED:
HOMELESS SOCIAL SERVICES FUND 2000/01
AND APPROPRIATING $144,000 CONSISTING OF
GRANT FROM MIAMI-DADE DEPARTMENT OF
HUMAN SERVICES FOR GENERAL SOCIAL
SERVICES TO HOMELESS PERSONS LOCATED
IN CITY.
25. FIRST READING ORDINANCE: ESTABLISH
SPECIAL REVENUE FUND ENTITLED:
"VIRGINIA KEY BEACH PARK PRESERVATION
PLAN FUND"; APPROPRIATING $25,000
CONSISTING OF GRANT FROM FLORIDA
DEPARTMENT OF STATE, $12,500 AND MATCHING
FUNDS BY CITY FOR DEVELOPMENT OF
PRESERVATION PLAN AT VIRGINIA KEY BEACH
PARK.
26. FIRST READING ORDINANCE: ESTABLISH
SPECIAL REVENUE FUND ENTITLED:
"LUMMUS PARK HISTORIC STRUCTURE
RESTORATION FUND" AND APPROPRIATING
$300,000 CONSISTING OF GRANT FROM
FLORIDA DEPARTMENT OF STATE, $150,000
AND MATCHING FUNDS FROM MIAMI-DADE
COUNTY SAFE NEIGHBORHOOD PARK BOND
FOR HISTORIC RESTORATION WORK ON THE
WAGNER HOMESTEAD AND FORT DALLAS
STRUCTURES LOCATED AT LUMMUS PARK.
9/14/00
FIRST READING
ORDINANCE
90-91
9/14/00
FIRST READING
ORDINANCE
92-93
9/14/00
FIRST READING
ORDINANCE
94-95
9/14/00
FIRST READING
ORDINANCE
96-97
27.
DEFER CONSIDERATION OF PROPOSED
9/14/00
AMENDMENT TO CITY CODE BY ESTABLISHING
M-00-764
NEW `BISCAYNE BOULEVARD ARENA SPECIAL
98-99
VENDING "DISTRICT" FOR AN AREA PROXIMATE
TO AMERICAN AIRLINES ARENA.
28.
ACCEPT RECOMMENDATION OF MANAGER TO
9/14/00
APPROVE FINDINGS OF EVALUATION
R-00-765
COMMITTEE THAT MOST QUALIFIED FIRMS, IN
100-101
RANK ORDER ARE: 1) BARRETT AND
ASSOCIATES, INC., (BAA), (2) SHL LANDY
JACOBS, INC., (SHL -LJ), AND 3) SHELDON
ZEDECK, INC., (SZI), TO ADMINISTER
PROMOTIONAL EXAMINATION . PROCESSES
FOR CLASSIFICATIONS OF CHIEF FIRE
OFFICER, FIRE CAPTAIN, AND FIRE
LIEUTENANT FOR DEPARTMENT OF HUMAN
RESOURCES $228,872.50; ALLOCATING FUNDS
FROM DEPARTMENT OF FIRE -RESCUE GENERAL
OPERATING BUDGET.
29.
APPROVE AND CONFIRM MANAGER'S FINDING
9/14/00
OF EMERGENCY, WAIVING REQUIREMENTS
R-00-766
FOR COMPETITIVE SEALED BIDDING
102-103
PROCEDURES AND APPROVE ACQUISITION OF
500 CS GAS CANISTERS FOR POLICE
DEPARTMENT FROM SRT SUPPLY, $12,900;
ALLOCATING FUNDS FROM GENERAL OPERATING
BUDGET OF POLICE DEPARTMENT.
30.
APPROVE AND CONFIRM MANAGER'S FINDING
9/14/00
OF EMERGENCY, WAIVING REQUIREMENTS
R-00-767
FOR COMPETITIVE SEALED BIDS, AND
104
APPROVE EMERGENCY PURCHASE OF LATENT
PRINT EXAMINATION SERVICES FOR POLICE
DEPARTMENT FROM FOUR PRE -QUALIFIED
CANDIDATES, $9,500; ALLOCATING FUNDS FROM
POLICE GENERAL OPERATING BUDGET.
31. APPROVE AND CONFIRM MANAGER'S FINDING
OF EMERGENCY, WAIVING REQUIREMENTS
FOR COMPETITIVE SEALED BIDDING
PROCEDURES, AND APPROVE ACQUISITION OF
REPAIR SERVICES AND REPLACEMENT PARTS
FOR AIR CONDITIONING UNIT AT CENTRAL
HEADQUARTERS BUILDING OF DEPARTMENT
OF POLICE, FROM TEMPTROL AIR
CONDITIONING, INC., $8,049.92; ALLOCATING
FUNDS FROM GENERAL OPERATING BUDGET OF
POLICE DEPARTMENT.
32. APPROVE AND CONFIRM MANAGER'S FINDING
OF EMERGENCY, WAIVING REQUIREMENTS
FOR COMPETITIVE SEALED BIDDING
PROCEDURES, AND APPROVE ACQUISITION OF
FOOD FOR MOBILIZATION OF POLICE
OFFICERS DURING ELIAN GONZALEZ
DEMONSTRATIONS, FOR DEPARTMENT OF
POLICE, FROM HECTOR LOPETEGUI, $20,000;
ALLOCATING FUNDS FROM POLICE GENERAL
OPERATING BUDGET.
33. APPROVE AND CONFIRM MANAGER'S FINDING
OF EMERGENCY, WAIVING REQUIREMENTS
FOR COMPETITIVE SEALED BIDS, AND
APPROVE EMERGENCY PURCHASE FOR
CONTINUED PROVISION OF FUEL FROM MIAMI-
DADE COUNTY FOR POLICE DEPARTMENT,
$229,632; ALLOCATING FUNDS FROM POLICE
GENERAL OPERATING BUDGET.
34. APPROVE AND CONFIRM MANAGER'S FINDING
OF EMERGENCY, WAIVING REQUIREMENTS
FOR COMPETITIVE SEALED BIDS, AND
APPROVE EMERGENCY PURCHASE OF A 2001
DODGE 1500 4X2 PICK-UP TRUCK WITH
OPTIONS, FROM MAROONE DODGE, FOR
POLICE DEPARTMENT'S JUVENILE
INVESTIGATIONS UNIT, $19,019; ALLOCATING
FUNDS FROM STOP ACTIVE VANDALISM
EVERYWHERE (SAVE) GRANT.
9/14/00
R-00-768
105-106
9/14/00
R-00-769
107-108
9/14/00
R-00-770
109
9/14/00
R-00-771
110-111
35.
APPROVE AND CONFIRM MANAGER'S FINDING
9/14/00
OF EMERGENCY, WAIVING REQUIREMENTS
R-00-772
FOR COMPETITIVE SEALED BIDS AND
112-114
APPROVE ACQUISITION OF SERVICES FROM
FLORIDA LEMARK CORP., FOR REPAIRS AT
MIAMARINA AT BAYSIDE; INCREASING
AMOUNT OF CURRENT CONTRACT WITH
FLORIDA LEMARK CORP., FOR
CONSTRUCTION; $17,553; $7,053 FROM CAPITAL
IMPROVEMENTS PROGRAM PROJECT, PUBLIC
WORKS PROJECT H -1014E, AND $10,500 FROM
MIAMARINA AT BAYSIDE.
36.
TABLE: APPOINTMENTS FOR CIVIL SERVICE
9/14/00
BOARD (See #)
TABLED
TABLE: DISCUSSION ON PROPOSED NEWSRACK
115
ORDINANCE.
37.
REINSTATE RESOLUTION NO. 00-86 WHICH
9/14/00
ACCEPTED PLAT ENTITLED "CHURCH OF THE
R-00-773
OPEN DOOR"; EXTEND FOR 60 DAYS TIME IN
M-00-774
WHICH PLAT MUST BE RECORDED.
R-00-775
116-119
38.
APPROVE PROFESSIONAL SERVICES
9/14/00
AGREEMENT WITH FINANCIAL RECOVERY,
R-00-776
INC., FOR PROVISION OF DEBT COLLECTION
120-122
SERVICES FOR AN AMOUNT NOT TO EXCEED
15% OF FINANCIAL, RECOVERY'S
COLLECTIONS.
39.
ACCEPT RECOMMENDATION OF MANAGER TO
9/14/00
APPROVE FINDINGS OF EVALUATION
R-00-777
COMMITTEE THAT MOST QUALIFIED FIRMS IN
123-124
RANK ORDER, ARE: 1) WILLIAM M. MERCER,
INC., AND (2) ACTUARIAL SCIENCES
ASSOCIATES, INC., (ASA), TO PROVIDE
ACTUARIAL SERVICES FOR OFFICE OF LABOR
RELATIONS; AUTHORIZE MANAGER TO
NEGOTIATE AN AGREEMENT, WITH TOP RANKED
FIRM, WILLIAM M. MERCER, INC.; $45,000;
ALLOCATING FUNDS FROM PENSION
ADMINISTRATION TRUST FUND.
40. AUTHORIZE DIRECTOR OF FINANCE TO PAY 9/14/00
$40,000 FOR CASE ABDEL HAKIM SAHIH VS. R-00-778
CITY OF MIAMI; ALLOCATING FUNDS FROM 125-126
SELF-INSURANCE AND INSURANCE TRUST FUND.
41.
AUTHORIZE DIRECTOR OF FINANCE TO PAY
9/14/00
$40,000 FOR CASE JUANA MELD VS. CITY OF
R-00-779
MIAMI ALLOCATING FUNDS FROM
127-128
SELF-INSURANCE AND INSURANCE TRUST FUND.
42.
APPROVE ASSIGNMENT OF CITY COMMERCIAL
9/14/00
SOLID WASTE NON-EXCLUSIVE FRANCHISE
R-00-780
AGREEMENT BETWEEN CITY AND LIBERTY
129-130
RECYCLING CORPORATION TO PANZARELLA
WASTE SERVICES, D/B/A PANZARELLA
COMPANIES, LLC.
43.
(A) TABLED: IMPOSING SOLID WASTE
9/14/00
ASSESSMENTS AGAINST ASSESSED PROPERTY
DISCUSSION
LOCATED WITHIN CITY FOR FISCAL YEAR
131-137
BEGINNING OCTOBER 1, 2000 (See #68).
(B) DIRECTION BY SANCHEZ TO CREATE
COMMITTEE TO CONDUCT NATIONAL STUDY IN
CONNECTION WITH MUNICIPAL SOLID WASTE
PICKUP PLANS AND COME BACK TO COMMISSION
IN 60-90 DAYS WITH RECOMMENDATION FOR
MORE COST EFFECTIVE PLAN FOR DEPARTMENT
OF SOLID WASTE TO REDUCE $325 CHARGE FOR
GARBAGE PICKUP AND ADDRESS ISSUE OF
.
ILLEGAL DUMPING (See #68).
(C) DIRECTION BY TEELE TO PROVIDE
COMMISSION WITH CHART REGARDING TIPPING
FEES OVER PAST FIVE YEARS (See 468).
44.
CONDUCT WORKSHOP WITHIN THIRTY TO SIXTY
9/14/00
DAYS IN CONNECTION WITH PROPOSED
M-00-781
NEWSRACKS ORDINANCE; DIRECT
138-144
ADMINISTRATION TO BRING ISSUE BACK FOR
CONSIDERATION BY COMMISSION AT FIRST
MEETING IN NOVEMBER.
45. APPROVE PARTICIPATION OF CITY IN A JOINT 9/14/00
PLANNING EFFORT WITH MIAMI-DADE R-00-782
COUNTY, MIAMI RIVER COMMISSION AND 145-146
COMMUNITY TO CREATE AND IMPLEMENT
COMPREHENSIVE LONG TERM PLAN FOR
MIAMI RIVER CORRIDOR.
46. AUTHORIZE MANAGER TO EXECUTE 9/14/00
PROFESSIONAL SERVICES AGREEMENT FOR R-00-783
ACL COMPUTER TECHNICAL TRAINING FROM 147-148
ACL SERVICES, LTD. FOR OFFICE OF INTERNAL
AUDITS, $10,000; ALLOCATING FUNDS FROM
DEPARTMENT OF HUMAN RESOURCES.
47. COMMENTS REGARDING CONSULTANT TO 9/14/00
EVALUATE CITY ATTORNEY AND CITY CLERK DISCUSSION
ANNUALLY AND TO ESTABLISH PERFORMANCE 149-153
STANDARDS AND TO PROVIDE A REPORT
INDICATING WHAT THE AVERAGE SALARY IS FOR
EACH OF SAID POSITIONS.
48. DEFER CONSIDERATION OF APPOINTMENT OF 9/14/00
INDIVIDUAL AS MEMBER OF CIVIL SERVICE M-00-784
BOARD; DIRECT CITY ATTORNEY TO PROVIDE 154-160
LEGAL OPINION REGARDING WHETHER
COMMISSION'S PENDING APPOINTMENT TO
REPLACE ROBERT FRAZIER, WHO PASSED AWAY,
NEEDS TO BE AN EMPLOYEE OF THE CITY, A
REPRESENTATIVE OF CERTAIN UNION OR
NONEMPLOYEE OF CITY.
49. COMMENTS BY TEELE REGARDING 9/14/00
OVERTOWN ADVISORY BOARD ELECTION. DISCUSSION
161
50. APPOINT ELOY GARCIA AS MEMBER OF CITY OF 9/14/00
MIAMI AFFIRMATIVE ACTION ADVISORY R-00-785
BOARD. 162-163
51. APPOINT DAVID GONZALEZ AS REGULAR 9/14/00
MEMBER OF CODE ENFORCEMENT BOARD. R-00-786
164
52. APPOINT STEVE KNEAPLER, RICHARD DUNN AND 9/14/00
RAFAEL RODON AS MEMBERS OF PORT AREA R-00-787
COMMUNITY IMPROVEMENT AUTHORITY BOARD. 165-167
53. (A) REESTABLISH CITY CHARTER REVIEW AND 9/14/00
REFORM COMMITTEE TO REVIEW CHARTER OF M-00-788
CITY AND CHARTER PROPOSALS, RECOMMEND R-00-789
AMENDMENTS NECESSARY TO REFORM AND/OR R-00-790
UPDATE CHARTER BY SETTING FORTH SAID 168-172
COMMITTEE'S PURPOSE, DUTIES, ETC.
(B) APPOINT MARIO MARTI AND RAY GOODE AS
MEMBERS OF THE CHARTER REVIEW AND
REFORM COMMITTEE.
54. DEFER APPOINTMENTS OF REGULAR MEMBERS 9/14/00
TO THE PLANNING ADVISORY BOARD. DEFERRED
173
55. APPOINT HAKKI KORUGLU AS REGULAR MEMBER 9/14/00
OF URBAN DEVELOPMENT REVIEW BOARD. R-00-791
174
56. DISCUSS APPOINTMENTS TO PLANNING 9/14/00
ADVISORY BOARD. DISCUSSION
175
57. ALLOCATE $9,979,000 OF HOUSING 9/14/00
OPPORTUNITIES FOR PERSONS WITH AIDS R-00-792
(HOPWA) GRANT FUNDS FOR PROVISION OF 176-180
HOUSING ASSISTANCE AND HOUSING RELATED
SERVICES TO LOW INCOME PERSONS LIVING
WITH HIV/AIDS; AUTHORIZE MANAGER TO
TRANSFER $300,000 FROM HOPWA FUNDS
PREVIOUSLY ALLOCATED TO COUNTY'S,
DEPARTMENT OF HUMAN SERVICES, OFFICE OF
COMMUNITY SERVICES FOR PROVISION OF
UTILITY ASSISTANCE, TO SAME ORGANIZATION'S
CONTRACTS FOR SHORT TERM HOUSING
ASSISTANCE $200,000 AND EMERGENCY HOUSING
ASSISTANCE $100,000 TO CONTINUE SERVICES
THROUGH SEPTEMBER 30, 2000 TO LOW INCOME
PERSONS LIVING WITH HIV/AIDS THROUGHOUT
COUNTY (See #6 & 8).
0 0
58. (A) PRESENTATION OF PURCHASING 9/14/00
DEPARTMENT BY JUDY CARTER. DISCUSSION
(B) COMMENTS BY COMMISSIONER TEELE TO 181-189
REDUCE NUMBER OF EMERGENCY PURCHASES
MADE BY CITY AND PREPARE STAND-BY
CONTRACTS TO BE USED FOR EMERGENCY
PURCHASES, WHEN NEEDED.
59. DEFER DISCUSSION CONCERNING LAW 9/14/00
ENFORCEMENT TRUST FUND TO OCTOBER 12 DEFERRED
COMMISSION MEETING. 190
60. SCHEDULE JOINT MEETING BETWEEN CERTAIN 9/14/00
OFFICIALS OF CITY AND COUNTY TO BE HELD R-00-793
BEFORE SEPTEMBER 30, 2000, TO DISCUSS ISSUES 191-194
CONCERNING BOTH GOVERNMENTAL ENTITIES,
INCLUDING PENDING LITIGATION, VARIOUS
FINANCIAL MATTERS SUCH AS PARKING
SURCHARGE, U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT PAYMENT IN LIEU
OF TAXES (US HUD PILOT) PROGRAM, TRADE
CENTER, BASEBALL STADIUM, 55 ACRE FEC RAIL
TRACK, TAX INCREMENT DISTRICT, MIAMI RIVER,
AND PORT OF MIAMI EXPANSION; DESIGNATING
ATTENDANCE OF MAYOR JOE CAROLLO, MAYOR
ALEX PENELAS, A COMMISSIONER FROM CITY
AND A COMMISSIONER FROM COUNTY -
SELECTED BY RESPECTIVE MAYOR, CITY
ATTORNEY AND COUNTY ATTORNEY; DIRECT
ISSUANCE OF JOINT REPORT BY BOTH COUNTY
AND CITY ATTORNEYS NO LATER THAN NINETY
DAYS AFTER MEETING.
i
61.
(A) ESTABLISH OUTDOOR ADVERTISING REVIEW
9/14/00
BOARD AND DIRECT MANAGER TO PROVIDE ALL
R-00-794
NECESSARY ASSISTANCE TO BOARD, PURPOSE
R-00-795
OF HAVING BOARD REVIEW CITY POLICIES
195-198
AFFECTING OUTDOOR ADVERTISING AND
REPORT BACK TO CITY COMMISSION WITHIN
NINETY DAYS; FURTHER DIRECT MANAGER TO
IMMEDIATELY AUDIT ALL OUTDOOR
ADVERTISING FACILITIES FOR COMPLIANCE AND
RECOMMEND PLAN FOR ENSURING COMPLIANCE.
(B) APPOINT ANDY HANCOCK AS MEMBER OF
OUTDOOR ADVERTISING REVIEW BOARD.
62.
DIRECT MANAGER TO ENFORCE PROVISIONS OF
9/14/00
STATE STATUTE AND CITY ZONING ORDINANCE
R-00-796
WITH REGARD TO APPLICATIONS FOR SITING
199-201
NEW COMMUNITY BASED RESIDENTIAL
FACILITIES OF ANY SIZE WHERE OTHER
COMMUNITY BASED RESIDENTIAL FACILITIES OF
ANY SIZE EXIST WITHIN PROHIBITED DISTANCE
FROM PROPOSED SITE; DIRECT MANAGER TO
COMMISSION WITH PROPOSED AMENDMENT TO
ZONING ORDINANCE TO PROVIDE FOR
INDIVIDUAL REVIEW OF ALL NEW APPLICATIONS
FOR COMMUNITY RESIDENTIAL HOMES (SEVEN
TO FOURTEEN RESIDENTS).
63.
CARNAVAL INDEPENDENCIA DE CENTRAL
9/14/00
AMERICA Y MEXICO FESTIVAL TO BE HELD ON
R-00-797
SEPTEMBER 17, 2000, IN NORTHWEST 7" STREET
202-205
FROM NORTHWEST 18TH TO 22N° AVENUES,
AUTHORIZE ISSUANCE OF ONE -DAY PERMIT FOR
SALE OF ALCOHOLIC BEVERAGES; AUTHORIZE
WAIVER OF ALL FEES PERMISSIBLE BY CODE,
WITH CONDITIONS.
64.
"VIERNES CULTURALES" [CULTURAL FRIDAYS]
9/14/00
ON S.W. 8TH STREET AND 15TH AVENUE, WAIVING
R-00-798
PERSONNEL, SOLID WASTE AND EQUIPMENT
206-208
COSTS INCURRED BY SEPTEMBER 29, 2000 EVENT.
65.
RELATED TO BICENTENNIAL PARK, SELECT
9/14/00
FIRMS, WHICH HAVE BEEN PRE -QUALIFIED -
R-00-799
PREVIOUSLY SELECTED BY A COMPETITIVE
209-210
PROCESS.
66.
APPROVE GRANT OF NON-EXCLUSIVE
9/14/00
TEMPORARY CONSTRUCTION EASEMENT ON
R-00-800
PORTION OF FERN ISLE SOUTH FORK PARK TO
211-212
FLORIDA POWER AND LIGHT FOR ITS USE AS
STAGING AREA TO CONDUCT TEMPORARY
POWER LINE RELOCATION DUE TO MDX EAST
WEST EXPRESSWAY (STATE ROAD 836) TOLL
PLAZA WIDENING PROJECT FOR PERIOD OF ONE
YEAR OR UNTIL COMPLETION OF CONSTRUCTION
OF MDX PROJECT.
67.
(A) CITY OF MIAMI BUDGET) DISCUSSION AND
9/14/00
PUBLIC HEARING — SOLID WATER,
(A) DISCUSSION
BILLBOARDS.
(B) FIRST
(B) FIRST READING ORDINANCE: DEFINE AND
READING
DESIGNATE TERRITORIAL LIMITS FOR CITY
ORDINANCE
FOR PURPOSE OF TAXATION; FIX MILLAGE
(C) FIRST
AND LEVY TAXES IN CITY, FOR FISCAL YEAR
READING
(FY) 2000-2001.
ORDINANCE
(C) FIRST READING ORDINANCE:" MAKE
(D) M-00-801
APPROPRIATIONS RELATING TO
213-280
OPERATIONAL AND BUDGETARY
REQUIREMENTS FOR FISCAL YEAR (FY) 2001;
REVISE ONGOING CAPITAL IMPROVEMENT
PROJECTS AND MAKE APPROPRIATIONS FOR
NEW PROJECTS SCHEDULED TO BEGIN IN
FISCAL YEAR 2000-2001.
(D) DESIGNATE EACH COMMISSIONER TO WORK
DIRECTLY WITH MAYOR ON ONE OR TWO MAJOR
PROJECTS, I.E. DINNER KEY BOATYARD,
MARINAS, WATSON ISLAND, ETC., TO FOSTER
COMMUNICATION, EXPEDITE PROJECTS AND
BRING REVENUES TO THE CITY.
68.
IMPOSE SOLID WASTE ASSESSMENTS AGAINST
9/14/00
ASSESSED PROPERTY LOCATED WITHIN CITY
R-00-802
FOR FISCAL YEAR BEGINNING OCTOBER 1,
281-282
2000; APPROVE RATE OF ASSESSMENT AND
ASSESSMENT ROLL (See #43).
0 0
69. IMPOSE FIRE ASSESSMENTS AGAINST
9/14/00
ASSESSED PROPERTY LOCATED WITHIN CITY
R-00-803
FOR FISCAL YEAR BEGINNING OCTOBER 1,
283-284
2000; APPROVE RATE OF ASSESSMENT AND
ASSESSMENT ROLL.
70. (A) DISCUSSION OF PROPOSED MILLAGE RATE
9/14/00
AND TENTATIVE BUDGET FOR DOWNTOWN
(A) DISCUSSION
DEVELOPMENT AUTHORITY.
(B) FIRST
(B) FIRST READING ORDINANCE: FIX MILLAGE
READING
AND LEVY TAXES IN DOWNTOWN
ORDINANCE
DEVELOPMENT DISTRICT FOR FISCAL YEAR
(C) FIRST
(FY) 2000-2001, AT FIVE -TENTHS (5) MILLS ON
READING
DOLLAR OF NONEXEMPT ASSESSED VALUE OF
ORDINANCE
ALL REAL AND PERSONAL PROPERTY IN
285-288
DISTRICT; PROVIDING THAT MILLAGE AND
LEVYING OF TAXES BE IN ADDITION TO SPECIAL
ASSESSMENTS.
(C) FIRST READING ORDINANCE: MAKE
APPROPRIATIONS FROM DOWNTOWN
DEVELOPMENT DISTRICT AD VALOREM TAX
LEVY AND OTHER MISCELLANEOUS INCOME
FOR DOWNTOWN DEVELOPMENT AUTHORITY
OF CITY FOR FISCAL YEAR (FY) 2000- 2001.
71. DEFER CONSIDERATION OF PROPOSED BUDGETS 9/14/00
FOR BAYFRONT PARK MANAGEMENT TRUST AND M-00-804
DEPARTMENT OF OFF-STREET PARKING. 289-290
72. APPROVE AND ADOPTING MIAMI SPORTS AND 9/14/00
EXHIBITION AUTHORITY OPERATING BUDGET, R-00-805
$750,000 FOR FISCAL YEAR (FY) 2000-2001. 291-292
73. MANAGER TO EARMARK SURPLUS FUNDS FROM 9/14/00
COMMISSIONER REGALADO'S 2000 BUDGET TO DISCUSSION
POLICE AND NET OFFICE IN FLAGAMI. 293-295
74. EXPAND DOWNTOWN DEVELOPMENT 9/14/00
AUTHORITY'S BOUNDARIES TO INCLUDE AREA M-00-806
OF N.E. 17 STREET AND NORTH BAYSHORE DRIVE. 296-297
75. FIRST READING ORDINANCE: AMEND SECTIONS
4-2, 4-7, AND 4-11 OF CITY CODE ENTITLED
"ALCOHOLIC BEVERAGES/IN GENERAL," TO LIMIT
HOURS A PACKAGE STORE MAY SELL
ALCOHOLIC BEVERAGES AND PROVIDE FOR AND
DELETE DEFINITIONS RELATED TO PACKAGE
STORES.
76. DIRECT CITY ATTORNEY TO DRAFT LEGISLATION
TO REQUIRE APPLICABILITY OF PROVISIONS
CONTAINED IN ANTI -DEFICIENCY ACT FOR ALL
EMPLOYEES AND MEMBERS OF CITY
AUTHORITIES AND AGENCIES,
SEMIAUTONOMOUS INSTRUMENTALITIES,
COMMITTEES, TASK FORCES, AND ADVISORY,
REGULATORY AND QUASI-JUDICIAL BOARDS.
77. DEFER CONSIDERATION OF PROPOSED
ESTABLISHMENT OF 11 MEMBER HOUSING AND
ECONOMIC DEVELOPMENT LOAN COMMITTEE;
AMEND COMMITTEE TO INCLUDE TACOLCY AND
ESTABLISH REVEREND DUNN'S CREDENTIALS AS
EXPERT IN REAL ESTATE; COMMISSIONER
REGALADO REQUESTED MODIFICATION TO
INCLUDE START-UP BUSINESSES BE CONSIDERED
FOR COMMERCIAL LOAN PROGRAM.
78. SECOND READING ORDINANCE: AMEND
SECTION 4-11 OF CITY CODE, ALCOHOLIC
BEVERAGES, TO ESTABLISH AN EXCEPTION TO
DISTANCE LIMITATIONS FOR
ESTABLISHMENTS SELLING ALCOHOLIC
BEVERAGES WITHIN RESIDENTIAL BUILDINGS
CONTAINING IN EXCESS OF 300 DWELLING
UNITS WITHIN DOWNTOWN AREA, AND
ESTABLISH CRITERIA FOR APPLICATION
(APPLICANT (S): CITY OF MIAMI PLANNING AND
ZONING DEPARTMENT).
9/14/00
FIRST READING
ORDINANCE
298-308
9/14/00
R-00-807
309-310
9/14/00
DISCUSSION
311-314
9/14/00
ORDINANCE
NO. 11960
315-316
79. SECOND READING ORDINANCE: AMEND
9/14/00
ORDINANCE 10544, THE MIAMI
ORDINANCE
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
NO. 11961
2000, TO AMEND POLICY LU -1.1.11 TO EXCEPT
317-318
VIRGINIA KEY, WATSON ISLAND, AND
UNINHABITED ISLANDS OF BISCAYNE BAY
THAT HAVE A LAND USE AND ZONING
CLASSIFICATION OF CONSERVATION FROM
THE CITY'S URBAN INFILL AREA (APPLICANT
(S): CITY OF MIAMI PLANNING AND ZONING
DEPARTMENT).
80. DIRECT MANAGER TO TAKE UNDER ADVISEMENT
9/14/00
SHOWING COUNTY POLICE CHASE SCENE
M-00-808
TELEVISED ON NATIONAL MEDIA TO CITY POLICE
319-320
OFFICERS TO SHOW WE CANNOT AFFORD TO
HAVE THAT HAPPEN IN CITY.
81. DIRECT MANAGER TO SCHEDULE 9/14/00
CONSIDERATION OF SALARY INCREASE FOR CITY DISCUSSION
ATTORNEY AS FIRST ITEM BEFORE TAKING UP 321
CONSIDERATION*OF BUDGET ITEMS.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 14th day of September 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 9:44 a.m. by Presiding Officer/Commissioner Wifredo Gort
with the following members of the Commission found to be present:
Commissioner Wifredo Gort (District 1)
Commissioner Johnny L. Winton (District 2)
Commissioner Tomas Regalado (District 4)
ALSO PRESENT:
Carlos Gimenez, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Sylvia Lowman, Assistant City Clerk
ABSENT:
Commissioner Joe Sanchez (District 3)
Commissioner Arthur E. Teele, Jr. (District 5)
An invocation was delivered by Commissioner Winton, after which, Commissioner Regalado led
those present in a pledge of allegiance to the flag.
1. PRESENTATIONS
1. RECOGNITION OF COMMISSIONER WINTON'S PARENTS, MRS. DONNA AND MR.
SYLVESTER "CURLY" WINTON.
2. PROCLAMATION AWARD TO JOCELIN MARTINEZ, BORN IN HAVANA, CUBA;
ARTIST, PAINTER, BROADCASTER AND ACTRESS.
1 9/14/00
2. CONSENT AGENDA
DISCUSS COUNTY ORDINANCE PROHIBITING COMMUNICATION AFTER
BIDS ARE ISSUED (SILENCE) -- LOCAL VENDORS OUTREACH -- CABLE TV
DISPLAY OF BIDS.
Vice Chairman Gort: Consent Agenda. First of all, we don't have any vetoes from the
Mayor's Office?
Carlos Gimenez (City Manager): No vetoes.
Vice Chairman Gort: Let me see the first line of business that we have. I need a motion to
approve the minutes of the following meetings: Regular Commission meeting of June 8,
1999; Planning and Zoning Commission meeting of July 27, 1999; Budget Hearing of
September 15, 1999; October, Commission meeting of October 12, 1999; Special
Commission meeting of May 4, 2000.
Commissioner Winton: So move.
Commissioner Regalado: Second.
Vice Chairman Gort: Can we move them all at one time? It's been moved. It's been
seconded. Is there any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Note for the Record: The above -referenced Commission meetings were approved and
accepted by the City Commission.
Vice Chairman Gort: Consent Agenda.
Mr. Gimenez: Mr. Chairman.
Vice Chairman Gort: Yes.
Mr. Gimenez: The administration requests that we withdraw CA -34 and item number 3.
Vice Chairman Gort: OK. Item CA -34 and item 3. Yeah. I was going to pull 24. You
pulled 24, right?
Commissioner Winton: Thirty-four.
Vice Chairman Gort: Thirty-four.. OK. And item 3.
Commissioner Sanchez: Is it deferred to the next Commission meeting, or you just want to
pull it or what?
2 9/14/00
Alejandro Vilarello (City Attorney): It was just withdrawn.
Mr. Gimenez: It's withdrawn.
Commissioner Sanchez: Withdrawn?
Vice Chairman Gort: It's been withdrawn.
Note for the Record: By request of the City Manager, agenda item CA -34 and agenda
item 3 were withdrawn from consideration by the City Commission.)
Vice Chairman Gort: Any other items in the Consent Agenda?
Commissioner Sanchez: I have. Mr. Vice Chairman, if I may. I have just a question on
CA -4, CA -9, CA -11 and CA -30.. Based on the ground that what I think is --
Vice Chairman Gort: CA -4 or 9?
Commissioner Sanchez: Four, 9, 11 and 20. And it's just based on the ground that I think
that something that we could all agree on is to do whatever we can to keep it local. And I
know that there is one that deals with the trophies. And I am aware of at least three City
businesses that specialize in trophies. Judy, although you've done a great job, and you and
I have had several conversations on the philosophy of trying to keep everything we can
locally, because, after all, these are the people that pay our salaries.
Judy Carter (Direct, Purchasing): Sir, each bid that we issue, we outreach, because more
often than not, local vendors are not in our database. I have two individuals whom I have
to scroll through the Yellow Pages to identify all local vendors that may provide a
particular commodity or service. Some of those vendors respond to the bid. Some don't.
But I do assure you that when they do respond, if they are within ten percent of the lowest
bid, it is no question, I do apply the ten percent preference. But the Code does not allow
me to award any contract to a local vendor.
Commissioner Sanchez: I understand.
Ms. Carter: But what it does -- but what I am --
Commissioner Sanchez: Judy, I've never questioned -- first of all, let's clear one thing.
I've never questioned any violation of the Code.
Ms. Carter: Right.
Commissioner Sanchez: All that I'm saying is that we have businesses in the City that if
through promotion, which you're telling me that you're doing --
Ms. Carter: Absolutely. Yes.
3 9/14/00
• 9
Commissioner Sanchez: --which is perfectly fine.
Ms. Carter: And we are doing that.
Commissioner Sanchez: But sometimes, I am baffled to see that we are doing business
with some people that are way out, not even close to Dade County, not even close to the
State of Florida, not even close to the southern districts.
Ms. Carter: Well, I don't know if I want to say "unfortunately." When vendors come to us
to register, Commissioner, I cannot prohibit them from registering. And more often than
not, there are a lot of vendors who don't reside in Dade County who submit a vendor
application and say they want to be on the bidder's list. And so when that happens, I do
send them a bid. And sometimes, they are more competitive than our local vendors and
sometimes, they are not. But I will assure you that I'm doing more than most agencies are
doing, in that we've created a special local vendor outreach program. I've pulled away two
individuals from their normal routine to get them in the streets to promote this City of
Miami as a viable business opportunity. Some of those vendors have given us words that
you would not want to hear. But some of them have been very receptive about wanting to
do business with us. And so when they respond and they respond very favorably, I assure
you that when they are within ten percent, we apply that law, and we are very happy when
we are able to apply the law. But most often, I hate to say, they don't bid. And sometimes,
when they do bid, they are not competitive enough. But I just want to assure you that we
are following that ten percent local preference. That vendor who's responding to us,
they're within ten percent, while it is discretionary by Charter -- it does not have to happen
-- I make it a policy that it does happen if they are within ten percent of that particular
program. Now, one of the things -- and I was going to make this presentation today, but I.
guess I'll say it now -- one of the things that is prohibiting us and somewhat causing our
program to become ineffective is this cone of silence. This cone of silence, which I assume
the Commissioners are aware of -- you're not aware of it? OK.
(Unidentified Speaker): It's the County ordinance, which prohibits communications while
a bid is outstanding or after it's been advertised.
Ms. Carter: Now, as a result of that adoption by Dade County, that has tremendously
affected my ability to outreach, because essentially, what it says is when that bid is issued,
there shall be no verbal communication, period, end of story. Now, the worst thing about
this -- and I'm being very clear in letting you know exactly the way that it is -- now on the
table is another proposal that essentially will say when we receive the specifications from
the department, Purchasing Department, your mouth is closed. OK? So as a result of that,
Commissioner Sanchez, now my employees whom -- I found that the program works best
when a bid is about to be issued. If I outreach two months before a bid is issued, guess
what? They forget it. They get the bid. They don't have that personal interface. The
closer we are to when the bid is issued; we've found the more effective that we are. But
now, with this cone of silence, it is causing us to not be able to get out into the streets at the
time the bid is being issued, because we literally -- and I want you to hear this,
4 9/14/00
® 0
Commissioners -- we literally would take the bid document and give it to them, in their
hands. Why? Because I didn't want them to say, "I didn't get it." And they will sign it to
say they received it. And then, we will promote the City of Miami, let them know what the
local preference law is, and encourage them to respond to the bid. Now, we cannot do that
because of this cone of silence. And if we have this legislation approved by Dade County
that would now restrict us from even doing that when we receive the specification that is
going to put a damper on our ability to do the kinds of things that we've done in the past.
Commissioner Sanchez: Just out of curiosity, what percent of businesses in the City of
Miami, in the 33 -mile radius of the City of Miami, how many businesses are we doing
business with?
Ms. Carter: Well, let me try and answer that in another way. Since we have implemented
the local vendor outreach program, which was the beginning of 1999, we have outreached
101 bids. Well, what do I mean by that? If there are local. vendors within the City of
Miami that can provide the commodity and service, we will outreach. There are a lot of
commodities and services that we do not have available from local vendors. But for those
that we do, 101 bids have been outreached by our particular program. Of that 101 bids, we
have contacted 770 vendors. OK? Of the 770 vendors -- and when I say "contact,". I mean
that we went and visited them, gave them the bid. And lately, we've not been able to do
that. We only could call. We had 98 vendors to respond to our bids. And of the 98 that
responded to our bids, 34 were in a position to be either awarded or to apply the ten percent
local preference.
Vice Chairman Gort: Question. The cone of silence, does that apply to the City?
Mr. Vilarello: Yes, sir.
Vice Chairman Gort: Why?
Mr. Vilarello: The County has the power to apply laws to the City of Miami.
Vice Chairman Gort: OK. A second question. My understanding is the County -- the
department that issues the RFP (Request for Proposals), they are allowed to talk to
respondents. My understanding is when the RFP goes out, it says, if you have any
questions about this, you can call the following number and speak to this person. Most of
the time, it's the Director of Purchasing.
Mr. Vilarello: It allows written communication. It does not allow verbal communication,
and it allows communication with the County Attorney, as well as the City Attorney.
Vice Chairman Gort: And also the Purchasing Director.
Ms. Carter: No, sir. I'm not a part of that.
5 9/14/00
• �.
Vice Chairman Gort: I'll bring you RFP's from the County where it shows that you can
talk with them.
Ms. Carter: Now, let me say this. If --
Vice Chairman Gort: Well, I'll get you that, number one.
Ms. Carter: OK. Because the --
Vice Chairman Gort: Number two -- and I think we should look into that. Number two,
the one thing that I would like to see is whatever purchases that we have coming forward,
can we display it on Channel 9?
Mr. Vilarello: Certainly.
Vice Chairman Gort: And make people aware that a bid's going to be coming out?
Ms. Carter: Sir, we do, do that.
Vice Chairman Gort: We do that.
Ms. Carter: We do that now, yes.
Vice Chairman Gort: Well, we'll continue to do so.
Ms. Carter: Absolutely.
Vice Chairman Gort: And the third problem that we've had, and I've stated it, I've been
stating it for years now is the small businesspeople in the City of Miami do not want to do
business with the City because the City'takes three to four months to pay, and these people
cannot afford to wait that long for payments. And I've asked the administration in the past,
let's look at ways that maybe we can -- from reserves or from wherever -- we can have an
account where we can pay these individuals within 30 days so we can get some of the
smaller business people to participate.
Mr. Gimenez: We agree. And we're looking at ways that we can expedite that process.
Vice Chairman Gort: And that would help quite a bit, Commissioner Sanchez, because the
biggest problem is I have people that I've asked, "How come you don't bid for the City of
Miami?" and says, "I can't afford to do so, because they take too long" --
Commissioner Sanchez: Because they can't wait 90 days to get paid. We understand. But
that's been addressed in this Commission. Commissioner Teele has addressed that for
years.
6 9/14/00
Vice Chairman Gort: And I know your department has gone way out, sending people to
talk to the vendors and so on.
Ms. Carter: Yes, we have been doing that.
Vice Chairman Gort: And we'll continue to find ways to do so. Thank you, ma'am.
Commissioner Sanchez: Judy, if I could just clarify one thing.
Ms. Carter: Yes, sir.
Commissioner Sanchez: I've never questioned the service. The thing is when I'm out in-
the
nthe community and I talk to the merchants and people that have businesses, I encourage
them to bid. I encourage them to be a part of it, because in the long run, they're the ones
that are paying taxes. They're the ones paying our salary. And the one thing, when we do
try to focus on trying to get them to participate in the process -- of course, the perception of
the past years doesn't help. But now we have turned around, and we have to sell that to
them. The other issue is, of course, when they say, "Well, I can't afford to wait 90 days,"
because, you know, these small businesses need to pay their bills, and they don't have the
luxury of waiting 90 days to be able to get their money and then pay out the expenditures
that they have to comply with to maintain the doors of the business open. So as J.L. used
to say here, let's try to keep as much as we can locally. I know that you do, but maybe we
need to focus on trying to push for more local businesses to participate in providing service
to the City. There's one example I'm going to give you, and I'm not going to use the
company's name, because I don't think it's appropriate. But they provide sand, they
provide all kinds of sands and gravel and stuff.
Ms. Carter: Sod, mm-hmm.
Commissioner Sanchez: And the gentleman approached me. And I, as a matter of fact
said, "Sir, look, we're willing to help you in any way we can. We'll provide you the
papers," which I think your office provided them with the paperwork, and they've applied.
Ms. Carter: OK.
Commissioner Sanchez: I mean, I don't guarantee anybody that they're going to get
service, because we're going to go with the best bidder on it.
Ms. Carter: Mm-hmm.
Commissioner Sanchez: But the complaints, you know, the process, the paperwork, they
maybe don't have the capacity, both resources and mentally to do it. And maybe, you
know, we need to provide some type of assistance.
Vice Chairman Gort: Thank you, Commissioner Sanchez.
7 9/14/00
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Anyone else?
Commissioner Teele: Yes, on that point.
Commissioner Sanchez: And it's "Judy," not "Julie." I'm sorry. I apologize.
Ms. Carter: That's OK.
Commissioner Teele: Go ahead.
Commissioner Regalado: Oh, I'm sorry. You know, one of the good things about this City
is that we have entities that can help. And I think that we are not using the resources of
independent agencies to help us out in reaching out to the merchants and do research. The
Latin Chamber of Commerce is willing to contact merchants, their members within the
City of Miami and keep them informed of the different bids and the .different contracts that
are coming up. And they have the will. They -- it's a win/win situation, because they will
be helping their members, plus they ' will be helping the City in reaching out to the
merchants within the City of Miami. I -- You said that some of the merchants said things
that we would not want to hear.
Ms. Carter: Mm-hmm. I'm --
Commissioner Regalado: Probably it's about, maybe, is the City not paying soon enough?
Are the regulations strict? . I don't know what they say, but I guess that everybody would
like to do any kind of business. The people open businesses to do business. So I don't
know what is their complaint.
Ms. Carter: I'll be more than happy to share that with you, sir. And I wanted to say, as it
relates to the Latin Chamber, I totally agree with you. Not only do I agree with you, but we
have a relationship with the Latin Chamber. I have provided them with my entire database
of local vendors, in hopes that they can assist us in that effort.
Commissioner Regalado: Yeah, but they need to know when the bids are coming and
when the contracts are up, whatever, and what are the qualifications.
Ms. Carter: Well, we'll be more than happy to engage in a further relationship with them.
Mr. Sabinas has been very, very cooperative with us, and we would be more than happy to
do that for them.
Commissioner Regalado: Well he has here --
Hector Gasca: If you will allow me. Hector Gasca, (inaudible) Avenue. We've been -- we
contacted the department and they supplied us with the list of all the vendors. And we sent
8 9/14/00
a letter to all the vendors offering them our services of the loan program. So we want to
give them money so they don't have this problem that if the City pay 90 days, they won't --
Commissioner Regalado: Yeah, but you still need to. know when the different bids are in
place so you can contact them.
Mr. Gasca: Yes, sir. Yes, sir.
Ms. Carter: Well, we will do than just the Channel 9, but actually send a notice to you
Mr. Gasca: Thank you.
Ms. Carter: In addition to it being available on Channel 9.
Mr. Gasca: Thank you, ma'am.
Vice Chairman Gort: Thank you. Commissioner Teel, you want to -- ?
Commissioner Teele: Yeah. Mr. Chairman, I want to basically be very clear on my views
on this. I'm very much for local preference, but I'm more so for giving the taxpayers the
best value for their dollars. And to be very candid with you, I mean, if something from
Taiwan cost a dollar and locally, it's going to cost a hundred dollars ($100) or fifty dollars
($50), with all due respect, you know, I think with equal quality, et cetera, these are some
of the very difficult policy issues that we've got to balance. I think at the end of the day,
the taxpayers, the citizens that I represent do want local vendors. But they don't want local
vendors at the expense of having to pay more. And I think that's true of all of us. I mean,
we -- you know, if we're going to buy a car, nobody is going to go to the City of Miami
and buy a car if you could buy one in Broward that's going to be tenpercent, five percent,
substantially lower. I mean, that's just not the way "Joe Lunch Bucket" and, you know,
"Susie Q" shop. And I think we have to be very careful in our dialogue on- this that we
want outreach. _And I think the thing that I'm totally in support or in agreement with my
colleague, Commissioner Sanchez, is that in the area of outreach, we've just got to do a
better job. But when it comes down to the sealed bid and the price, we have an ordinance
that allows -- what? -- a two percent?
Ms. Carter: It's a ten percent, sir.
Commissioner Teele: What does the County --
Ms. Carter: But let me share this with you.
Vice Chairman Gort: But it means that within ten percent of the lowest price, they would
have to come down.
Ms. Carter: Yeah. They would --
9 9/14/00
Vice Chairman Gort: In other words, they're not going to get an increase of ten percent.
Ms. Carter: That's what I was going to share with you. They would have to meet that
price. On occasion, they have rejected the price, and on occasion, they accepted. I've seen
both positions.
Commissioner Teele: But don't we have an ordinance -- and I know we did in the County -
- but don't we have an ordinance that allows a one percent or two percent differential?
Ms. Carter: No, sir. The only thing that we have -- and this is --
Commissioner Teele: Would you look, please? I mean, I don't have any problems; I don't
have any problems awarding a one percent, or one and a half percent differential for
businesses that are within the City of Miami. But once you start talking about real big
dollars, you know -- And I think the way that worked is Dade County and Broward County
exercised -- created reciprocal agreements so that Dade and Broward County are, for
bidding purposes, one County. And I think, you know, they have like a two percent
differential, and it applies to Dade and Broward County. I mean, the fact is that I think
governments across the board are trying to help local businesses. But I don't think -- and I
don't think we should communicate that we want to help local businesses at the expense of
the taxpayers. And I know that's not what we're doing. At least that's what I hope we're
not doing. And I think the way to cure all of this is a better form of outreach. And I agree
that CAMACOL and the Miami -Dade Chamber and other vendor organizations that are
membership organizations are the way we should do this. So I certainly support the
department's recommendations.
Ms. Carter: And I would also encourage the Commissioners, as you are approaching these
vendors, I would want you to give them my address, or my phone number and my name,
because one of the things that we want to do is to get them into our data base, so that when
there is a bid, whenever there is a bid that they can supply a product, I want to be in the
habit of being able to automatically send them a bid. And I need more of those local
vendors who are registered with us.
Vice Chairman Gort: Thank you, Ms. Carter.
Commissioner Teele: - Mr. Chairman, one final question.
Vice Chairman Gort: Yes.
Commissioner Teele: And I apologize. On the demolition, you know, we do a lot of
demolition. Where ate those contracts? Because a number of vendors that -- Every time I
see the vendor list, we get out of City vendors. And yet, there are a number of municipal
vendors that do, you know, demolition. Where are we on that miscellaneous demolition
contract?
Ms. Carter: We have a Citywide contract for demolition services that has been approved.
10 9/14/00
Commissioner Teele: I thought it expired.
Ms. Carter: No, we should have one in place.
Hector Lima (Acting Director, Building): Hector Lima with the Building Department. On
our last Commission meeting, you approved it. It was five hundred thousand dollars
($500,000). And it went to the Oversight Committee, and it has been approved.
Commissioner Teele: No, no. I'm talking about the vendors. I know the dollars we
approved.
Mr. Lima: Well, the dollars went with the bids that came in from the vendors.
Ms. Carter: Yes. Yes.
Commissioner Teele: Could I see that; please, the list? I thought we had a miscellaneous
list. Because I was looking at some of the Building and Zoning stuff. It just seems to me
like we're using a lot of -- let me just look at that list.
Ms. Carter: We will send you a copy of the contract.
Vice Chairman Gort: Thank you. Any other Commissioner who would like to pull any
items from the consent agenda?
Mr. Vilarello: Commissioner Item CA -36 was not properly advertised and needs to be
withdrawn.
Vice Chairman Gort: Pull it. Withdrawn.
Vice Chairman Gort: Anyone else?
Mr. Vilarello: CA -36.
Note for the Record: By request of the City Attorney, consent agenda item CA -36
was withdrawn from consideration by the City. Commission.
Vice Chairman Gort: OK. I have -- On CA -13, I want to know where -- you allocated
some funds from Flagami to do some sidewalks. I would like to get from the Public Works
later on which sidewalks, what streets are going to be done. And CA -24, this is an
agreement that we're going to do with the County on the river. And I know we've been
doing a lot of things on the river. I want to know if this agreement itself -- according to
what I've read, but I'm not an attorney -- do we have any liability in this one that we're
going to sign? It's in the consent agenda.
Mr. Gimenez: I'll get you those answers. The Planning Department will be on it.
11 9/14/00
•, 0
Vice Chairman Gort: So let's do 24 later on. Now, CA -28 is the additional service of
software. One of the questions that I asked when this was presented to us is this software
going to be -- is this in conjunction with the master plan that we have for our
Communications Department? If you recall, I requested when we put up all the money we
allocated towards the communications and so on that if we have a master plan, I'd like, if
possible, whenever an item like this comes, some software or anything to do with
computers to -- a little note stating it's in compliance with the master plan. that we are
creating.
Victor Igwe (Director, Internal Audits): I do believe it's in compliance. This is technical
software that will, assist the Office of Internal Audit in doing statistical analyses,
stratification of data.
Vice Chairman Gort: I understand. I read it. But my question is, is this within the funds
that we have allocated to buy computers and software? Let's pull those two and come back
tome later on. OK?
Mr. Gimenez: Yes, sir.
Note for the Record: Consent agenda items CA -24 and CA -28 were tabled.
Vice Chairman Gort: Are there any other items that would like to be pulled by any of the
Commissioners?
Commissioner Sanchez: What's the item?
Vice Chairman Gort: CA items. OK, do I have a motion?
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Any discussion? Anyone from the public who would like to discuss
any of the CA items? Nobody comes forward. All in favor state it by saying "aye."
12 9/14/00
The Commission (Collectively): Aye.
Note for the Record: CODE SEC. 2-33(J), STIPULATES
THAT CONSENT AGENDA ITEMS THAT ARE
REMOVED FROM THE AGENDA PRIOR TO CITY
COMMISSION CONSIDERATION SHALL
AUTOMATICALLY BE SCHEDULED AS A REGULAR
AGENDA ITEM AT THE NEXT REGULARLY
SCHEDULED MEETING OF THE CITY COMMISSION.
THEREUPON, MOTION DULY MADE BY
COMMISSIONER SANCHEZ AND SECONDED BY
COMMISSIONER REGALADO, . THE CONSENT
AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
13 9/14/00
•
2.1. ACCEPT BID OF SKYHANGER II CORPORATION FOR PROVISION
OF EMERGENCY AND ROUTINE HIGH-RISE WINDOW CLEANING SERVICES AT
MIAMI RIVERSIDE CENTER, FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, $15;000; ALLOCATING FUNDS FROM MIAMI RIVERSIDE
CENTER GENERAL OPERATING BUDGET, REPAIR/MAINTENANCE-OUTSIDE.
RESOLUTION NO. 00-719
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF SKYHANGER II
CORPORATION FOR THE PROVISION OF
EMERGENCY AND ROUTINE HIGH-RISE WINDOW
CLEANING SERVICES AT THE MIAMI RIVERSIDE
CENTER FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, ON A CONTRACT
BASIS, FOR A PERIOD OF ONE (1) YEAR, WITH THE
OPTION TO RENEW FOR TWO (2) ADDITIONAL
ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT
NOT TO EXCEED $15,000; ALLOCATING FUNDS
THEREFOR FROM THE MIAMI RIVERSIDE CENTER
GENERAL OPERATING BUDGET,
REPAWMAINTENANCE-OUTSIDE, ACCOUNT
CODE NO. 001000.810201.6.670.
2.2. ACCEPT BID OF KILPATRICK TURF AND INDUSTRIAL
EQUIPMENT FOR PROCUREMENT OF TWO NEW CUSHMAN HAWK MODEL NO.
797012 GAS UTILITY VEHICLES FOR DEPARTMENT OF SOLID WASTE, $13,518;
ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT.
RESOLUTION NO. 00-720
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF KILPATRICK TURF &
INDUSTRIAL EQUIPMENT, FOR THE
PROCUREMENT OF TWO (2) NEW CUSHMAN
HAWK MODEL NO. 797012 GAS UTILITY VEHICLES,
FOR THE DEPARTMENT OF SOLID WASTE, IN AN
AMOUNT NOT TO EXCEED $13,518; ALLOCATING
FUNDS THEREFOR FROM CAPITAL IMPROVEMENT
PROJECT NO. 353015.329401.6.840.
14 9/14/00
Ll
2.3. ACCEPT BID OF CRYSTAL SPRINGS WATER COMPANY FOR
CITYWIDE PROCUREMENT OF DRINKING WATER SERVICES AND SUPPLIES
FOR DEPARTMENT OF PURCHASING, $35,000; ALLOCATING FUNDS FROM
VARIOUS USER DEPARTMENTS.
RESOLUTION NO. 00-721
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF CRYSTAL SPRINGS
WATER . COMPANY, FOR THE CITYWIDE.
PROCUREMENT OF DRINKING WATER SERVICES
AND SUPPLIES, FOR THE DEPARTMENT OF
PURCHASING, ON AN AS -NEEDED CONTRACT
BASIS, FOR ONE (1) YEAR, WITH THE OPTION TO
RENEW FOR TWO .(2) ADDITIONAL ONE (1) YEAR
PERIODS, IN AN ANNUAL AMOUNT NOT TO
EXCEED $35,000; ALLOCATING FUNDS THEREFOR
FROM THE BUDGETS OF THE VARIOUS USER
DEPARTMENTS CONDITIONED UPON BUDGETARY
APPROVAL PRIOR TO ACQUISITION.
2.4. ACCEPT BID OF MAGNUM ENVIRONMENTAL SERVICES, INC.
FOR ACQUISITION OF WASTE OIL REMOVAL SERVICES AT VARIOUS CITY OF
MIAMI FACILITIES, FOR DEPARTMENT OF PURCHASING, $50,000;
ALLOCATING FUNDS FROM -BUDGETS OF VARIOUS USER DEPARTMENTS.
RESOLUTION NO. 00-722
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF MAGNUM
ENVIRONMENTAL SERVICES, INC., FOR THE
ACQUISITION OF WASTE OIL REMOVAL SERVICES
AT VARIOUS CITY OF MIAMI FACILITIES, FOR THE
DEPARTMENT OF PURCHASING, 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 $50,000; ALLOCATING FUNDS THEREFOR
FROM THE BUDGETS OF THE VARIOUS USER
DEPARTMENTS, CONDITIONED UPON
BUDGETARY APPROVAL PRIOR TO ACQUISITION.
15 9/14/00
•
E
2.5. ACCEPT BID OF KILPATRICK TURF & INDUSTRIAL EQUIPMENT
FOR PROCUREMENT OF TWO FABRICATED, SPECIALIZED RESCUE VEHICLES
(CUSHMAN MODEL 716/20) FOR DEPARTMENT OF FIRE -RESCUE $65,033.22;
ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT FUNDED BY
THE FIRE ASSESSMENT.
RESOLUTION NO. 00-723
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF KILPATRICK TURF &
INDUSTRIAL EQUIPMENT, FOR THE
PROCUREMENT OF TWO (2) FABRICATED,
SPECIALIZED RESCUE VEHICLES (CUSHMAN
MODEL 716/20), FOR THE• DEPARTMENT OF FIRE -
RESCUE, IN AN AMOUNT NOT TO EXCEED
$65,033.22; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT NO. 313233,
ACCOUNT CODE NO. 289401.6.840, AS FUNDED BY
THE FIRE ASSESSMENT.
2.6. ACCEPT BID OF TEAM EQUIPMENT TO PURCHASE TWO
PARATECH MAXIFORCE 345 -TON, 10 -BAG KEVLAR AIR -LIFTING BAG SETS
AND ACCESSORIES FOR FIRE -RESCUE DEPARTMENT, $17,842.28.
RESOLUTION NO. 00-724
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF TEAM EQUIPMENT, INC.
TO PURCHASE TWO (2) PARATECH MAXIFORCE
345 -TON, 10 -BAG KEVLAR AIR -LIFTING BAG SETS
AND ACCESSORIES FOR THE DEPARTMENT OF
FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED
$17,842.28; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT NO. 313304,
ACCOUNT CODE NO. 289401.6.840, AS FUNDED BY
THE FIRE ASSESSMENT.
16 9/14/00
•
0
2.7. ACCEPT BID OF ERIC'S OUTBOARD MARINE SERVICE, INC. FOR
PROCUREMENT OF TWO NEW CAROLINA SKIFF V-198 DIVE BOATS WITH
YAMAHA 130TLRY OUTBOARD MOTORS AND TRAILERS, FOR DEPARTMENT
OF FIRE -RESCUE, $29,655.29; ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECT FUNDED BY FIRE ASSESSMENT.
RESOLUTION NO. 00-725
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF ERIC'S OUTBOARD
MARINE SERVICE, INC., FOR THE PROCUREMENT
OF TWO (2) NEW CAROLINA SKIFF V-198 DIVE
BOATS, WITH YAMAHA 130TLRY OUTBOARD
MOTORS AND TRAILERS FOR THE DEPARTMENT
OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED
$29,655.29; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT NO. 313304,
ACCOUNT CODE NO. 289401.6.840, AS FUNDED BY
FIRE ASSESSMENT.
2.8. ACCEPT BID OF BAY PLUMBING COMPANY TO FURNISH AND
INSTALL FIVE WATER COOLER FOUNTAINS FOR POLICE DEPARTMENT,
$8,750; ALLOCATING FUNDS FROM POLICE GENERAL OPERATING BUDGET.
RESOLUTION NO. 00-726
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF BAY PLUMBING
COMPANY FOR THE ACQUISITION AND
INSTALLATION OF FIVE (5) WATER COOLER
FOUNTAINS FOR THE DEPARTMENT OF POLICE, IN
AN AMOUNT NOT TO EXCEED $8,750;
ALLOCATING FUNDS THEREFOR FROM THE
POLICE GENERAL OPERATING BUDGET, ACCOUNT
CODE NO. 001000.290201.6.850.
17 9/14/00
0 0
2.9. ACCEPT BID OF TAMIS GROUP FOR PURCHASE OF PEDESTRIAN
TYPE BARRICADES FOR DEPARTMENT OF POLICE, $7,880; ALLOCATING
FUNDS FROM LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO. 00-727
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF THE TAMIS GROUP FOR
THE PROCUREMENT OF PEDESTRIAN TYPE
BARRICADES FOR THE DEPARTMENT OF POLICE,
IN AN AMOUNT NOT TO EXCEED $7,880;
ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NUMBERS
690001, 690002 AND 690003, SUCH EXPENDITURE
HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AS COMPLYING WITH THE U.S.
DEPARTMENT OF THE TREASURY AND YUSTICE'S
"GUIDE TO EQUITABLE SHARING," AND SECTION
932.7055, FLORIDA STATUTES, AS AMENDED.
2.10. ACCEPT BID OF FLORIDA PRODUCTS FOR PURCHASE OF 550 RIOT
SHIELD CARRYING BAGS FOR DEPARTMENT OF POLICE, $12,100;
ALLOCATING FUNDS FROM DEPARTMENT OF POLICE GENERAL OPERATING
BUDGET.
RESOLUTION NO. 00-728
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF FLORIDA POLICE
PRODUCTS, FOR THE PROCUREMENT OF 550
CARRYING BAGS FOR RIOT SHIELDS FOR THE
DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO
EXCEED $12,100; ALLOCATING FUNDS THEREFOR
FROM THE DEPARTMENT OF POLICE GENERAL
OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.722.
18 9/14/00
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2.11. ACCEPT BID OF AWARDS, INC., D/B/A TROPHY WORLD, FOR
PROVISION OF TROPHIES AND PLAQUES FOR DEPARTMENT OF POLICE,
$14,000; ALLOCATING FUNDS FROM DEPARTMENT ,OF POLICE GENERAL
OPERATING BUDGET.
RESOLUTION NO. 00-729
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF AWARDS, INC., D/B/A
TROPHY WORLD, FOR THE PROCUREMENT OF
TROPHIES AND PLAQUES FOR THE DEPARTMENT
OF POLICE, ON AN AS -NEEDED CONTRACT BASIS,
FOR ONE (1) YEAR, WITH THE OPTION TO RENEW
FOR TWO (2) ONE-YEAR PERIODS, IN AN ANNUAL
AMOUNT NOT TO EXCEED $14,000; ALLOCATING
FUNDS THEREFOR FROM THE DEPARTMENT OF
POLICE GENERAL OPERATING BUDGET, ACCOUNT
CODE NO. 001000.290201.6.270.
19 9/14/00
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2.12. ACCEPT BID OF SOUTH FLORIDA MAINTENANCE SERVICES, INC., FOR
PROJECT ENTITLED "BRICKELL AVENUE MEDIANS LANDSCAPE
MAINTENANCE, B-6355," $66,277.56; ALLOCATING FUNDS FROM GENERAL
FUND TO BE APPROPRIATED IN ANNUAL APPROPRIATIONS ORDINANCE FOR
FISCAL YEAR 2001, $66,277.56
RESOLUTION NO. 00-730
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF SOUTH FLORIDA
MAINTENANCE SERVICES, INC. FOR LANDSCAPE
MAINTENANCE SERVICES FOR THE PROJECT
ENTITLED: `BRICKELL AVENUE MEDIANS
LANDSCAPE MAINTENANCE PROJECT B-6355" FOR
THE DEPARTMENT OF PUBLIC WORKS, ON A
CONTRACT BASIS, FOR ONE (1) YEAR, WITH THE
OPTION TO RENEW FOR TWO (2) ONE-YEAR
PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED
$66,277.56; AUTHORIZING THE ALLOCATION OF
FUNDS THEREFOR FROM THE GENERAL FUND,
ACCOUNT CODE NO. 001000.310501.6.340, SUBJECT
AND PURSUANT TO THE ADOPTION OF THE
ANNUAL APPROPRIATIONS AND CAPITAL
IMPROVEMENT PROJECTS ORDINANCE FOR FISCAL
YEAR 2000-01; AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY FOR SAID
PURPOSE.
20 . - 9/14/00
! .9
2.13. ACCEPT BID OF F&L CONSTRUCTION, INC. FOR PROJECT ENTITLED
"FLAGAMI STREET IMPROVEMENT PROJECT/IMPACT FEE, B-4627," $137,750;
ALLOCATING FUNDS AS APPROPRIATED BY ORDINANCE NO. 11705, ANNUAL
APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCE.
RESOLUTION NO. 00-731
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF F&L CONSTRUCTION, INC.,
FOR THE PROJECT ENTITLED "FLAGAMI STREET
IMPROVEMENT PROJECT/IMPACT FEE, B-4627," IN
THE AMOUNT OF $137,750; ALLOCATING FUNDS
THEREFOR FROM PROJECT NO. 341199 AS
APPROPRIATED BY ORDINANCE NO. 11705, AS
AMENDED, THE ANNUAL APPROPRIATIONS AND
CAPITAL IMPROVEMENT PROJECTS ORDINANCE, IN
THE AMOUNT OF $137,750 FOR THE CONTRACT
COSTS, AND $14,898 FOR EXPENSES, FOR A TOTAL
ESTIMATED COST OF $152,648; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY
FOR SAID PURPOSE.
21 9/14/00
2.14. ACCEPT BIDS OF VARIOUS VENDORS BY GROUP BASIS, DESIGNATED
AS "PRIMARY," "SECONDARY," OR "TERTIARY" VENDOR (S) BASED ON
LOWEST COST, FOR FURNISHING OF TEMPORARY PERSONNEL SERVICES
FOR DEPARTMENT OF HUMAN RESOURCES TO BE UTILIZED CITYWIDE,
$450,000; ALLOCATING FUNDS FROM VARIOUS USER DEPARTMENTS'
BUDGETS.
RESOLUTION NO. 00-732
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHEMENTS (S), ACCEPTING THE BIDS OF
VARIOUS VENDORS, ON A GROUP BY GROUP BASIS,.
DESIGNATED AS EITHER "PRIMARY",
"SECONDARY", OR "TERTIARY" VENDOR (S), AS SET
FORTH IN "ATTACHMENT NO. 1", INCORPORATED
HEREIN, BASED ON LOWEST COST, PURSUANT TO
INVITATION FOR BIDS NO. 99-00-136, FOR THE
PROVISION OF TEMPORARY PERSONNAL SERVICES
FOR THE DEPARTMENT OF HUMAN RESOURCES, ON
AN AS NEEDED CONTRACT BASIS FOR ONE (1)
YEAR, WITH THE OPTION TO RENEW FOR TWO (2)
ADDITIONAL ONE YEAR PERIODS, TO BE UTILIZED
CITYWIDE, AT AN ANNUAL AMOUNT NOT TO
EXCEED $450,000; ALLOCATING FUNDS FROM THE
VARIOUS USER DEPARTMENT'S BUDGETS AT TIME
OF NEED, SUBJECT TO BUDGETARY APPROVAL.
22 9/14/00
•
9
2.15. APPROVE PROCUREMENT OF UNIFORMS FROM JULES BROTHER.
UNIFORMS, INC., FOR BAYFRONT PARK MANAGEMENT TRUST, $7,000;
ALLOCATING FUNDS FROM BAYFRONT PARK MANAGEMENT TRUST
OPERATING BUDGET.
RESOLUTION NO. 00-733
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE PROCUREMENT OF UNIFORMS
FOR THE BAYFRONT PARK MANAGEMENT TRUST
(TRUST), FROM JULES BROTHER UNIFORMS, INC.,
UNDER EXISTING CITY OF MIAMI BID NO. 96-97-123,
EFFECTIVE THROUGH OCTOBER 9, 2000, AND ANY
EXTENSIONS THERETO ON AN AS -NEEDED
CONTRACT BASIS, IN AN ANNUAL AMOUNT NOT TO
EXCEED $7,000; ALLOCATING FUNDS THEREFOR
FROM THE GENERAL OPERATING BUDGET OF THE
TRUST.
2.16. APPROVE FURNISHING AND INSTALLATION OF SOD AT BAYFRONT
AND BICENTENNIAL PARKS, FROM PARKER SOD LANDSCAPE CENTER FOR
BAYFRONT PARK MANAGEMENT TRUST, $12,000; ALLOCATING FUNDS FROM
BAYFRONT PARK MANAGEMENT TRUST OPERATING BUDGET.
RESOLUTION NO. 00-734
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE ACQUISITION AND INSTALLATION
OF SOD BY THE BAYFRONT MANAGEMENT TRUST
("TRUST") FOR THE MILDRED AND CLAUDE PEPPER
BAYFRONT PARK AND BICENTENNIAL PARK FROM
PARKER SOD LANDSCAPE CENTER, UNDER
EXISTING CITY OF MIAMI BID NO. 99-00--98/03,
EFFECTIVE THROUGH MAY 29, 2001, AND ANY
EXTENSIONS THERETO, ON AN AS -NEEDED
CONTRACT BASIS, IN AN ANNUAL AMOUNT NOT TO
EXCEED $12,000; ALLOCATING FUNDS THEREFOR
FROM THE GENERAL OPERATING BUDGET OF THE
TRUST.
23 9/1.4/00
2.17. APPROVE PROCUREMENT OF ELECTRICAL SUPPLIES FROM
PARAMOUNT ELECTRICAL DISTRIBUTORS, INC., FOR BAYFRONT PARK
MANAGEMENT TRUST, $70,000; ALLOCATING FUNDS FROM BAYFRONT PARK
MANAGEMENT TRUST OPERATING BUDGET.
RESOLUTION NO. 00-735
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE PROCUREMENT OF ELECTRICAL
SUPPLIES BY THE BAYFRONT_ MANAGEMENT
TRUST ("TRUST") FOR THE MILDRED AND CLAUDE
PEPPER BAYFRONT PARK FROM PARAMOUNT
ELECTRICAL DISTRIBUTORS, INC., UNDER
EXISTING CITY OF MIAMI BID NO. 97-98-066,
EFFECTIVE THROUGH MAY 31, 2001, AND ANY
EXTENSIONS THERETO, ON AN AS -NEEDED
CONTRACT BASIS, IN AN ANNUAL AMOUNT NOT TO
EXCEED $70,000; ALLOCATING FUNDS THEREFOR
FROM THE GENERAL OPERATING BUDGET OF THE
TRUST.
2.18. APPROVE PROCUREMENT OF SECURITY GUARD SERVICES FROM
INTER -AMERICAN PROTECTIVE SERVICES FOR BAYFRONT PARK
MANAGEMENT TRUST, $137,600; ALLOCATING FUNDS FROM BAYFRONT
PARK MANAGEMENT TRUST OPERATING BUDGET.
RESOLUTION NO. 00-736
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE ACQUISITION OF SECURITY
GUARD SERVICES BY THE BAYFRONT
MANAGEMENT TRUST ("TRUST") FOR THE
MILDRED AND CLAUDE PEPPER BAYFRONT PARK
AND BICENTENNIAL PARK, FROM INTER -
AMERICAN PROTECTIVE SERVICES, UNDER
EXISTING CITY OF MIAMI BID NO. 99-00-030/03, ON
AN AS -NEEDED CONTRACT BASIS, EFFECTIVE
THROUGH FEBRUARY 1, 2001, AND ANY
EXTENSIONS THERETO, ON AN AS -NEEDED
CONTRACT BASIS, IN AN ANNUAL AMOUNT NOT TO
EXCEED $137,600; ALLOCATING FUNDS THEREFOR
FROM THE GENERAL OPERATING BUDGET OF THE
TRUST.
24 9/14/00
•
•
2.19. APPROVE PROCUREMENT OF OFFICE SUPPLIES FROM APRICOT OFFICE
SUPPLIES & STATIONERY, INC. FOR BAYFRONT PARK MANAGEMENT TRUST,
$10,000; ALLOCATING FUNDS FROM BAYFRONT PARK MANAGEMENT TRUST
OPERATING BUDGET,
RESOLUTION NO. 00-737
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE PROCUREMENT OF OFFICE
SUPPLIES BY 'THE BAYFRONT MANAGEMENT
TRUST ("TRUST") FOR THE MILDRED AND CLAUDE
PEPPER BAYFRONT PARK AND BICENTENNIAL
PARK, FROM APRICOT OFFICE SUPPLIES &
STATIONERY, INC., UNDER EXISTING CITY OF
MIAMI BID NO. 97-98-028R/01, EFFECTIVE THROUGH
FEBRUARY 14, 2001 AND ANY EXTENSIONS
THERETO, ON AN AS -NEEDED CONTRACT BASIS, IN
AN ANNUAL AMOUNT NOT TO EXCEED $10,000;
ALLOCATING FUNDS THEREFOR FROM THE
GENERAL OPERATING BUDGET OF THE TRUST.
2.20. APPROVE PROCUREMENT OF PLUMBING SERVICES FROM VARIOUS
VENDORS FOR BAYFRONT PARK MANAGEMENT TRUST, $7,000; ALLOCATING
FUNDS FROM BAYFRONT PARK MANAGEMENT TRUST OPERATING BUDGET.
RESOLUTION NO. 00-738
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE ACQUISITION OF PLUMBING
SERVICES FOR THE BAYFRONT PARK
MANAGEMENT TRUST ("TRUST"), FROM VARIOUS
VENDORS, UNDER EXISTING CITY OF MIAMI BID
NO. 96-97-123, EFFECTIVE THROUGH OCTOBER 9,
2000, AND ANY EXTENSIONS THERETO ON AN AS -
NEEDED CONTRACT BASIS, IN AN ANNUAL
AMOUNT NOT TO EXCEED $7,000; ALLOCATING
FUNDS THEREFOR FROM THE GENERAL
OPERATING BUDGET OF THE TRUST.
25 9/14/00
•
2.21. AMEND RESOLUTION NO. 99-556 ACCEPTING BID OF BEST
MAINTENANCE & JANITORIAL SERVICES, TO INCREASE ANNUAL AMOUNT
FROM $269,220 TO $274,416 FOR CUSTODIAL SERVICES FOR POLICE
DEPARTMENT; ALLOCATING FUNDS FROM POLICE DEPARTMENT'S
GENERAL OPERATING BUDGET.
RESOLUTION NO. 00-739
A RESOLUTION (PENDING)
2.22. AUTHORIZE CONTRIBUTION TO COOL SCHOOL PROGRAM'S
OVERTOWN ACADEMY, AND ALLOCATING $42,000, FROM LAW
ENFORCEMENT TRUST FUND.
RESOLUTION NO. 00-740
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING A CONTRIBUTION TO THE COOL
SCHOOL PROGRAM'S OVERTOWN ACADEMY,
AND ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $42,000 FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NUMBERS
69001, 69002 AND 69003, SUCH EXPENDITURE
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.
2.23. APPROVE PURCHASE OF MOBILE EQUIPMENT REPLACEMENT PARTS
AND SERVICES FOR HEAVY EQUIPMENT FLEET. FROM VARIOUS VENDORS,
UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 5380-2/00 FOR
DEPARTMENT' OF GENERAL SERVICES ADMINISTRATION, $170,000;
ALLOCATING FUNDS FROM DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, $90,000 AND . FROM DEPARTMENT OF PUBLIC WORKS
STORM WATER MAINTENANCE DIVISION, $80,000.
RESOLUTION NO. 00-741
A RESOLUTION (PENDING)
26 9/14/00
2.24. AUTHORIZE MANAGER TO EXECUTE. AN AGREEMENT WITH MIAMI-
DADE COUNTY FOR INSTALLATION OF WATER MAIN EXTENSION FOR
ELIZABETH VIRRICK PARK, 3255 PLAZA STREET, TO PROVIDE ADEQUATE
FIRE PROTECTION.
RESOLUTION NO. 00-742
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH MIAMI-DADE COUNTY FOR
THE INSTALLATION OF A WATER MAIN EXTENSION
FOR ELIZABETH VIRRICK PARK, LOCATED AT 3255
PLAZA STREET, MIAMI, FLORIDA, TO PROVIDE
ADEQUATE FIRE PROTECTION.
2.25. AUTHORIZE MANAGER TO EXECUTE AN AGREEMENT WITH MIAMI-
DADE COUNTY FOR INSTALLATION OF WATER MAIN EXTENSION FOR KIRK
MUNROE PARK, 3120 OAK AVENUE, TO PROVIDE ADEQUATE WATER
SERVICES.
RESOLUTION NO. 00-743
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH MIAMI-DADE COUNTY FOR
THE INSTALLATION OF A WATER MAIN EXTENSION
FOR KIRK MUNROE PARK, LOCATED AT 3120 OAK
AVENUE, MIAMI, FLORIDA, TO PROVIDE ADEQUATE
WATER SERVICES.
27 9/14/00
0 •
2.26. AUTHORIZE FUNDS FOR SPONSORSHIP OF HEMISPHERIC CONFERENCE
OF POLICE CHIEFS, AND ALLOCATING $50,000 FROM LAW ENFORCEMENT
TRUST FUND.
RESOLUTION NO. 00-744
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING FUNDS FOR THE SPONSORSHIP OF
THE HEMISPHERIC CONFERENCE OF POLICE
CHIEFS, AND ALLOCATING FUNDS THEREFOR, IN
AN AMOUNT NOT TO EXCEED $50,000, 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 AND JUSTICE'S
"GUIDE TO EQUITABLE SHARING," AND SECTION
932.7055, FLORIDA STATUTES, AS AMENDED.
2.27. AUTHORIZE MANAGER TO EXECUTE AN AGREEMENT WITH
BELAFONTE TACOLCY CENTER, INC., FOR CONTINUED IMPLEMENTATION OF
SPORTS DEVELOPMENT PROGRAM AT TACOLCY PARK, $78,795; ALLOCATING
FUNDS FROM FISCAL YEAR 2000-2001 BUDGET OF DEPARTMENT OF PARKS
AND RECREATION, AID TO PRIVATE ORGANIZATIONS ACCOUNT:
RESOLUTION NO. 00-745
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH THE BELAFONTE TACOLCY
CENTER, INC. FO THE CONTINUED
IMPLEMENTATION OF A SPORTS DEVELOPMENT
PROGRAM AT' $78,795.00; ALLOCATING FUNDS
THEREFOR FROM THE FISCAL YEAR 2000-2001
BUDGET OF THE DEPARTMENT OF PARKS AND
RECREATION, AID TO PRIVATE ORGANIZATIONS
ACCOUNT.
28 9/14/00
2.28. AUTHORIZE MANAGER TO EXECUTE AN AGREEMENT WITH SMALL
BUSINESS OPPORTUNITY CENTER, INC., FOR MANAGEMENT AND
OPERATIONS OF "MAXIMO GOMEZ PARK," AKA "DOMINO PARK," $59,075;
ALLOCATING FUNDS FROM FISCAL YEAR 2000-2001 BUDGET OF
DEPARTMENT OF PARKS AND RECREATION, AID TO PRIVATE
ORGANIZATIONS ACCOUNT.
RESOLUTION NO. 00-746
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH THE SMALL BUSINESS
OPPORTUNITY CENTER, INC., A FLORIDA NOT-FOR-
PROFIT CORPORATION, FOR THE MANAGEMENT
AND OPERATION OF "MAXIMO GOMEZ PARK",
ALSO KNOWN AS "DOMINO PARK", IN AN AMOUNT
NOT TO EXCEED $59,075.00; ALLOCATING FUNDS
THEREFOR FROM THE FISCAL YEAR 2000-2001
BUDGET OF THE DEPARTMENT OF PARKS AND
RECREATION, AID TO PRIVATE ORGANIZATIONS
ACCOUNT.
2.29. DIRECT MANAGER TO ACCEPT EIGHT DEEDS OF DEDICATION FOR
HIGHWAY PURPOSES AND AUTHORIZE RECORDATION OF SAID DEEDS IN
PUBLIC -RECORDS OF MIAMI-DADE COUNTY.
RESOLUTION NO. 00-747
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ACCEPT EIGHT (8) DEEDS OF
DEDICATION FOR HIGHWAY PURPOSES AND
APPROVING AND AUTHORIZING THE
RECORDATION OF SAID DEEDS IN THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
2.30. CLASSIFY ONE 1994 AQUASPORT BOAT AS CATEGORY "A" SURPLUS
STOCK, SHOULD SUCH VESSEL BECOME AVAILABLE; STIPULATING THAT IN
SUCH CASE, SAID VESSEL BE DONATED TO CITY'S PARKS & RECREATION
DEPARTMENT AND BE INCLUDED IN DEPARTMENT'S SUMMER SAILING
PROGRAM.
RESOLUTION NO. 00-748
A RESOLUTION (PENDING) .
29 9/14/00
2.31. AUTHORIZE MANAGER TO ACCEPT A GRANT, $104,600, FROM U.S.
DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO PROVIDE CHILD
DAYCARE SERVICES ADMINISTERED BY DEPARTMENT OF PARKS AND
RECREATION TO CHILDREN FROM LOW-INCOME FAMILIES JULY 1, 2000
THROUGH JUNE 30, 2001.
RESOLUTION NO. 00-749
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ACCEPT A
GRANT, IN THE AMOUNT OF $104,600 FROM THE U.S.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
(UNDER TITLE XX OF THE SOCIAL SERVICES ACT)
TO PROVIDE CHILD DAYCARE SERVICES
ADMINISTERED BY THE DEPARTMENT OF PARKS
AND RECREATION TO CHILDREN FROM LOW-
INCOME FAMILIES FOR THE PERIOD OF JULY 1, 2000
THROUGH JUNE 30, 2001; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO ACCEPT THE GRANT AND TO
IMPLEMENT THE PROGRAM.
2.32. ACCEPT CITY CLERK'S CERTIFICATION AND DECLARATION OF
RESULTS FROM ELECTION HELD ON AUGUST 31, 2000, IN WHICH CERTAIN
INDIVIDUALS WERE ELECTED AS MEMBERS OF THE OVERTOWN ADVISORY
BOARD.
RESOLUTION NO. 00-750
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT, ACCEPTING THE CITY
CLERK'S CERTIFICATION AND DECLARATION OF
RESULTS AND RATIFYING THE ELECTION HELD ON
AUGUST 31, 2000, OF CERTAIN INDIVIDUALS AS
MEMBERS OF THE OVERTOWN ADVISORY BOARD,
FOR TERMS AS DESIGNATED HEREIN.
30 9/14/00
3. APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVED
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES ANAPPROVE
ACQUISITION OF VARIOUS RADIOS, MT S2000 AND LTS2000 SERIES, ASTRO DIGITAL
SPECTRA CONSOLETES BASE STATIONS WITH SMARTNET-TM TYPE II SOFTWARE, WITH
ACCESSORIES, FOR DEPARTMENT OF SOLID 'WASTE, FROM MOTOROLA
COMMUNICATIONS AND ELECTRONICS, INC., SOLE SOURCE PROVIDER, $56,341.50.
Vice Chairman Gort: Item 2.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Sanchez: 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 Teele, who moved for its adoption:
RESOLUTION NO. 00-751
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-
FIFTHS (4/5 TIS) 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 BIDDING PROCEDURES
AND APPROVING THE ACQUISITION OF VARIOUS RADIOS,
MTS2000 AND LTS2000 SERIES, ASTRO DIGITAL SPECTRA
CONSOLETES BASE STATIONS, WITH THE SMARTNETTM TYPE II
SOFTWARE, WITH ACCESSORIES, FOR THE DEPARTMENT OF
SOLID WASTE, FROM MOTOROLA COMMUNICATIONS AND
ELECTRONICS, INC., THE SOLE SOURCE PROVIDER, IN A TOTAL
AMOUNT NOT TO EXCEED $56,341.50; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 422001.320302.6.850, IN
THE AMOUNT OF $45,232.00 AND ACCOUNT CODE NO. -
001000.320101.6.840,
O:001000.320101.6.840, IN THE AMOUNT OF $11,109.50;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
SAID ACQUISITION.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
31 9/14/00
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Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
32 9/14/00
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4. APPROVE AND CONFIRM MANAGER'S' FINDING OF SOLE SOURCE, WAIVE
REQUIREMENTS FOR COMPETITIVE BID, APPROVE ACQUISITION OF A TRIGGERFISH 4080B
CELLULAR SURVEILLANCE PRODUCT, FROM HARRIS CORPORATION, FOR DEPARTMENT
OF POLICE, $55,000; ALLOCATING FUNDS FROM LAW ENFORCEMENT TRUST FUND.
Vice Chairman Gort:. Three.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Three was pulled.
Commissioner Teele: It was pulled.
Vice Chairman Gort: Three was pulled. All right. Four.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Discussion. Being none, all in favor, state it saying
aye.
The Commission (Collectively): Aye.
33 9/14/00
•
u
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-752
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR
FIFTHS (4/5 THS) AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF SOLE
SOURCE, .WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING PROCEDURES AND APPROVING THE
ACQUISITION OF A TRIGGERFISH'm 4080B CELLULAR
SURVEILLANCE NETWORK SYSTEM FOR THE DEPARTMENT OF
POLICE FROM HARRIS CORPORATION, A SOLES SOURCE
PROVIDER, IN AN AMOUNT, NOT TO EXCEED $55,000;
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.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
34 9/14/00
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5. WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE
ACQUISITION OF AN ORION CANTRACK DIGITAL CELLULAR TELEPHONE TRACKER FROM
ORION ELECTRONICS LIMITED, FOR DEPARTMENT OF POLICE, $11,500; ALLOCATING
FUNDS FROM LAW ENFORCEMENT TRUST FUND.
Vice Chairman Gort: Item 5.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Any discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-753
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-
FIFTHS (4/5 TIS) AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING THAT
COMPETITIVE BIDDING PROCEDURES WOULD NOT BE
PRACTICABLE OR ADVANTAGEOUS, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND
APPROVING THE PROCUREMENT OF AN ORION CANTRACK
CN502D-19 DIGITAL CELLULAR TELEPHONE TRACKING
SYSTEM FOR THE DEPARTMENT OF POLICE FROM ORION
ELECTRONICS LIMITED, IN AN AMOUNT NOT TO EXCEED
SII,500; ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002
AND 690003, SUCH EXPENDITURE HAVING BEEN APPROVED BY
THE CHIEF OF POLICE AS COMPLYING WITH THE U.S.
DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE
SHARING," AND 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.)
35 9/14/00
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Commissioner Teele: So we just approved --
Vice Chairman Gort: By the way, I'd like for the public to understand that we receive this -- not only the
agenda, but this backup, material five days prior to this meeting, so we all have a chance to go through it,
read through it, and that's why you see us going so fast through it. Yes, sir.
Commissioner Teele: So fast. We just approved how many sole source bids?
Vice Chairman Gort: Five.
Commissioner Teele:' I just want the Public Works Director and these other people that come in and say
we don't approve them to note. I mean, you know, we approve sole source bids every Commission
meeting. And I think they're valid.
36 9/14/00
6. TABLE: PROPOSED ALLOCATION OF $9,979,000 OF HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) GRANT FUNDS TO LOW INCOME PERSONS LIVING WITH
HIV/AIDS (See #8 and 57).
Commissioner Teele: Mr. Chairman, on number 6.
Vice Chairman Gort: The HOPWA (Housing Opportunities for Persons with AIDS) Program.
Commissioner Teele: Yeah. On number 6, do we have details on the one million dollars ($1,000,000) for
operations? And I guess -- I guess my main concern is that -- Could I move that this be deferred to later
on in the agenda today?
Vice Chairman Gort: Go right ahead. That's your privilege.
Commissioner Teele: I would move that it be deferred to this afternoon.
Vice Chairman Gort: For this afternoon, OK.
Commissioner Regalado: Second.
Note for the Record: Agenda item 6 was temporarily deferred to the afternoon session.
37 9/14/00
E
0
7. ALLOCATE $150,000 OF COMMUNITY DEVELOPMENT GRANT FUNDS TO TACOLCY
ECONOMIC DEVELOPMENT CORPORATION, INC. TO PROVIDE ADMINISTRATIVE COSTS TO
IMPLEMENT COMMERCIAL LOAN PROGRAM TO STIMULATE BUSINESS DEVELOPMENT
AND GROWTH IN CITY (See #9).
Vice Chairman Gort: Item 7.
Commissioner Teele: So move, Mr. Chairinan.
Commissioner Sanchez: 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 Teele, who moved for its adoption:
MOTION NO. 00-754
A MOTION ALLOCATING $150,000 OF COMMUNITY
DEVELOPMENT GRANT FUNDS TO THE TACOLCY ECONOMIC
DEVELOPMENT CORPORATION, INC. TO PROVIDE
ADMINISTRATIVE COSTS TO IMPLEMENT A COMMERCIAL
LOAN PROGRAM TO STIMULATE BUSINESS DEVELOPMENT
AND GROWTH IN THE CITY OF MIAMI.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
38 9/14/00
8. DISCUSSED AND TABLED: PROPOSED ALLOCATION OF $9,979,000 OF HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) GRANT FUNDS TO LOW INCOME
PERSONS LIVING WITH HIV/AIDS (See 46 and 57).
Vice Chainnan Gort: Are you here on Item 6, sir?
Mark Trimmings: Yes.
Vice Chairman Gort: It will be heard this afternoon.
Mr. Trimmings: OK.
Vice Chairman Gort: Item 7, Commercial Loan Program.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: If the gentleman -- so that we don't inconvenience him, if he would like to put his
concerns on the record now.
Mr. Trimmings: Yes. Good morning. Thank you, Commissioner Teele. Good morning, Commissioners.
My name is Mark Trimmings, and I come to you from the Miami -Dade HIV/AIDS Partnership Housing
Committee. I'm the chairman of the Housing Committee for HOPWA (Housing Opportunities for
Persons with AIDS), which stands for Housing Opportunities for People with AIDS. This morning, I filed
with the Clerk a recommendation, based on a meeting that was held on last evening in. regard to late
payment fees and evictions. Keep in mind that we are greatly appreciative of the work that the City of
Miami Housing Division has done in conjunction with Dade County in implementing funds for housing.
for those that are HIV positive, infected and affected. But yet, we have some great concerns. And I'm
sure they're our concerns, as well as your concerns, because of your constituents, which you represent.
There are four items, which greatly concern us, and we would like to bring it to your attention. Being that
we're dealing with ten million dollars ($10,000,000) allocated for 2000/2001. And one of them is the
recommendation to include clear language in any and all of the future contracts regarding the financial
responsibility resulting from errors on the part of the City providers and the client. And that clearly states
we would like some sort of language inputted in the contract whereas the providers who receive these
contracts through the City now, based on the agreement with the City and the County Housing Department
that they assume the monetary and legal liability for these clients during their part that they have been
issuing late checks to the landlord and to the respective mortgage companies whereas to provide the rental
and mortgage assistance for these clients. Something needs to be put in writing, implemented in the
contract where -- so that we do not hinder the housing for these clients which these services and dollars
are rendered to provide for. Another thing is the recommendation for the City --
Commissioner Winton: Excuse me. Could you repeat what the issue is there?
39 9/14/00
® 0
Mr. Trimmings: There needs to be some language in the contract between the City and the County
regarding -- well, to the providers, regarding the late payment, the late fees and the evictions that the
clients are subjected to because of late payment checks being issued. Now --
Commissioner Winton: So the providers aren't paying the bills on time.
Mr. Trimmings: On a timely manner, exactly.
Commissioner Winton: So they're not making mortgage payments on time or they're not making rental
payments on time.
Mr. Trimmings: That is correct. Now, keep in mind that we have, at this moment, as we speak, we have a
large number of clients who have received eviction notices and who have received --
Commissioner Teele: Hold on one minute.
Vice Chairman Gort: Excuse me. Are we going to defer this or are we going to hear the whole thing?
Commissioner Teele: What I'd Like to do -- See, I think it's important that the concerns be put on the
record so that if we're going to defer this item that the gentleman, and the staff, and the Attorney -- if
we're talking about contractual provisions, you know, you're going to have to work with our City
Attorney and the staff on that. Have you all had an opportunity to meet on this?
Mr. Trimmings: Well, we're looking forward to meeting.
Commissioner Teele: You said you voted last night.
Mr. Trimmings: Right. We're looking forward. We have submitted a letter from the. executive board.
Commissioner Teele: Have you all met on this? I understand. Did you all meet on this today? Have you
all had an opportunity to meet?
Mr. Trimmings: No, we have not. Not that issue. No, we have not.
Commissioner Teele: OK. Well, why don't we do this, if it's all right with the Chairman? Why don't we
withdraw this issue? We're going to take up two or three more items from Community Development.
Then you and Ms. Warren will have the next three or four hours, and the Attorneys, to sit down -- or
whoever she designates -- and work on this. My office is available, the conference room, and we go
through all of this. But we cannot respond to this. This is something the Manager is going to have to
respond to and give us his recommendation.
Mr. Trimmings: OK.
Commissioner Teele: So if it's all right with you, I would like to move again that it be deferred, giving
you the opportunity to meet. We could bring it up, say, at a time certain, like 4 o'clock today or
something.
40 9/14/00
E-1
Vice Chainnan Gort: It was already moved and passed and --
Mr. Trimmings: Can we come back to this at 4:00?
Commissioner Teele: Yes, sir.
Mr. Trimmings: Thank you.
Vice Chairman Gort: OK.
Commissioner Teele: If you stay around and meet with Ms. Warren and the City Attorney staff on these
contractual issues that you'd like -- I mean, if you're going to leave, it won't do us any good.
Mr. Trimmings: I will. I will.
Vice Chairman Gort: Right. OK. Thank you, sir.
41 9/14/00
9. ALLOCATE $150,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO
TACOLCY ECONOMIC DEVELOPMENT CORPORATION, INC., TO PROVIDE
ADMINISTRATIVE COSTS TO IMPLEMENT COMMERCIAL LOAN PROGRAM TO STIMULATE
BUSINESS DEVELOPMENT AND GROWTH IN CITY (See #7).
Vice Chairman Gort: Item 7.
Commissioner Sanchez: So move.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: It's been moved. Seven has been moved. Is there a second?
Commissioner Teele: Second.
Commissioner Regalado: I'll second.
Vice Chairman Gort: It's been moved and seconded. Discussion. Mr. Cruz.
Mariano Cruz: Seven is concerning moneys for -- The only thing I'd like to see in the City is a little --
Vice Chairman Gort: Excuse me, sir. Your name and address.
Mr. Cruz: My name?
Vice Chairman Gort: I know you're well known, but when you --
Mr. Cruz: 1227 Northwest 26th Street.
Vice Chairman Gort: And your name?
Mr. Cruz: Oh, I saw somebody before that he didn't say the name.
Vice Chairman Gort: Excuse me. Your name?
Mr. Cruz: That's why I said maybe they changed the policy.
Vice Chairman Gort: No, sir, we didn't change the policy
Mr. Cruz: Oh, yes. The one that talked about the computers. He was here and he didn't say the name. I
got a tape at home, anyway. The VCR is working. OK. I'd like to see the equitability, because I see a lot
of moneys, federal moneys and the whole thing, and County moneys. And every day, it bothers me that I
go by 17th Avenue and I see the Ralph Plaza, they are closed. Nothing is being done. And then when I
come back in the afternoon, I go by there, the same thing. And then I drive by the Bobby Maduro Miami
Stadium. Nothing is done. With all the moneys of Community Development, all the federal moneys and
42 9/14/00
the County money, how come (inaudible)? Because it's Allapattah? Allapattah is being treated
differently. We're being discriminated. That's all I want to say.
Vice Chairman Gort: Is Angel here?
Commissioner Sanchez: Yes, he's here. Angel Gonzalez, right?
Vice Chairman Gort: Angel seems like the Plaza II is not going forward because of the fault of the City of
Miami. Could you please put Mr. Cruz and let Mr. Cruz inform of what the state is?
Angel Gonzalez: Angel Gonzalez, 3280 West Flagler Street, Miami, Florida. Now, the situation with
Ralph Plaza I doesn't have anything to do with the City of Miami. I want to take this opportunity to thank
Ms. Gwendolyn Warren, and Barbara Rodriguez, and the Department of Community Development and
Housing.
Commissioner Teele: I didn't hear you. Would you say that again?
Mr. Gonzalez: To thank Ms. Gwendolyn Warren.
Commissioner Teele: You want to thank you? Who did you want to thank again?
Mr. Gonzalez: Ms. Gwendolyn Warren.
Commissioner Teele: You see, you have to milk it, Gwen. You know, when you get it, you got to milk it.
Mr. Gonzalez: Barbara and the entire department, they have been very cooperative with the agency on the
last eight to ten months, paying attention to all our requests and committing to help us. The situation with
Ralph Plaza now is in the County. We have a problem with the County. Actually, the County -- I met
with the Mayor, Alex Penelas about ten months ago. He went to the project. He saw the project and saw
what was going on in there, and he committed to help us with the project. The problem is, Mariano, that
in order to comply with all of the requirements of the County to sign the contract, it's not easy. You have
to be a magician. You need God and everybody in Heaven to come down and give you a hand to put it
through. But we're working on it. Hopefully -- we already are closing with the bank, with Trans -Atlantic
Bank in a couple of weeks. And we should be closing with the County within about a month. And I hope
by probably November, we should resume construction of the project. Thank you. -
Vice Chairman Gort: Thank you, Angel. Okie doke. Item 7. Any further discussion? Any further
discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
43 9/14/00
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-755
A RESOLUTION (PENDING)
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
44 9/14/00
•
10. COMMENTS BY COMMISSIONER REGALADO REGARDING GUIDELINES ON
OBTAINING LOANS FOR SMALLER BUSINESSES.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: I've got a question. I remember, Gwen, that before the August break, you
promised to bring to the Commission on the first meeting of September the guidelines for the loans. I
don't think that we have it here. The problem is that unless and until we approve it, those loans are
stopped for the businesses. Is there a problem, or can we do this today?
Carlos Gimenez (City Manager): We had that item set to go, but with the new Assistant City Manager
over Planning Development, she wanted to take a look at it, and so it was pulled and was going to come
back on the 28tH
Commissioner Regalado: But, I mean, it was --
Mr. Gimenez: If you need it as --
Commissioner Regalado: I mean --
Mr. Gimenez: If you want to have it done today --
Commissioner Regalado: Absolutely, absolutely.
Mr. Gimenez: -- I guess it can be done as a pocket item. We'll consider it and put it as a pocket item.
Commissioner Regalado: Absolutely, because, I mean, the fact that the Assistant City Manager wants to
look at it is something irrelevant, if we compare it to the problems that all these businesses have in not
getting the loans. I mean, we are supposed to be helping those businesses.
Mr. Gimenez: We'll do that, sir, if you want to have it as a pocket item.
Commissioner Regalado: I would.
Mr. Gimenez: We'll be sure to get it done.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I.think the point that Commissioner Regalado is making goes beyond this issue.
And I really think we ought to take a minute. Because one of the problems that I'm hearing now from
developers -- we got issues with billboards. We got all these different issues coming up -- is that every
time there's personnel changes in the City, it's like the employees become mini -gods or demagogues.
45 9/14/00
Everybody wants to stop something and let them get a look at it. And it's sort of a horrible position for
both the people coming in and the constituents that we're serving, you know. And when the Manager
commits to give us something on a date, I mean, with all due respect to the Office of the Mayor or the
Office of the Manager or the department heads, that should come forward on that date, or with a clear
explanation. I don't think it should be treated as a pocket item, per se.' I think it should come forward
from the Manager, pursuant to the instructions, or alternatively, a request to defer. I mean, I would feel
good about this if your office had said, "We made a commitment to deliver this to you. We're not going
to be able to do it, and therefore, we're requesting a deferral." But I do think that this is -- and I know
you've heard it as you sit in the seat and we've had this discussion privately and publicly several times.
We have to be very careful that we, the government, because of our own internal issues, don't wind up
slowing things down, changing things around. I mean, we're beginning to get calls about things and terms
and conditions being changed, and I've discussed this with the law firm. You know, government needs to
be a little bit more stable. And I don't know how to say that other than the way I'm saying it. I mean,
none of us are responsible for the circumstances or personalities that come and go, but I just would very
much like to be to the .point that Commissioner Regalado is raising. And that is the point that the Manager
promised us that this would come up in the first meeting in July. It's a major problem. I've tried. You
know, we shut down Miami Capital for whatever reasons, and so the whole thing is on hold. The world is
on hold, if you will, our world, our universe until we can do it. And I think that really does represent a
tremendous hardship. And I would just like to try to send the message to you, and the Attorney and the
staff that we're here to serve the public, and the public is not here to serve us. And if we make time line
commitments, we need to make that. And I'm just going to say this while I'm saying that: I cannot
commend you enough and your staff enough for the commitments that you all are following through on as
it relates to the redevelopment, in the redevelopment area, and the NAP (Network Area Point) and those
activities that are going on over there. I mean, I heard it in Washington, D.C., in a totally unrelated
meeting, how the City of Miami has got its act together. And that is the other side of what I'm saying and
why I give you reason to suggest to your staff that we really should move forward. Your people are doing
an outstanding job in facilitating the redevelopment and the construction. And so I don't want anything
that I've said to be taken in the wrong way. I'm saying this in the spirit that everybody here needs to
understand that we've made commitments, and these commitments are bigger than the Mayor, they're
bigger than any individual Commissioner or the Manager. They represent the City of Miami.
Mr. Gimenez: Yes, sir. I'll bring up the item as a pocket later on in the day, and it can be passed. There
are no problems with it. I think we ran into the five-day rule, it was pulled, and then problem was
resolved, but it was, you know, beyond the five-day rule. so we'll bring it in.
Vice Chairman Gort: Thank you.
46 9/14/00
U
11. AMEND RESOLUTION NO. 00-90, WHICH AUTHORIZED MANAGER TO. ALLOCATE
$742,000 IN STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM FUNDS TO TWO
(2) DEVELOPERS FOR DEVELOPMENT OF FORTY-NINE (49) UNITS OF HOMEOWNERSHIP
HOUSING IN EDISON-LITTLE RIVER AND OVERTOWN NEIGHBORHOODS, TO REFLECT
CORRECT NUMBER OF HOUSING UNITS TO BE CONSTRUCTED BY BANYAN TOWNHOMES,
L.L.C.; AUTHORIZE MANAGER TO EXECUTE AGREEMENT BETWEEN CITY AND LOCAL
INITIATIVES SUPPORT CORPORATION FOR FINANCING OF PROPOSED BISCAYNE EAST
TOWNHOMES PROJECT PLANNED IN EDISON-LITTLE RIVER NEIGHBORHOOD.
Vice Chairman Gort: Item 8.
Commissioner Teele: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: 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. 00-756
A RESOLUTION (PENDING)
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
47 9/14/00
12. APPROVE AND CONFIRM MANAGER'S ACTION TO AUTHORIZE ACQUISITION OF
FIVE PROPERTIES LOCATED WITHIN MODEL CITY HOMEOWNERSHIP ZONE BY
ALLOCATING HOME INVESTMENT PARTNERSHIP PROGRAM ("HOME") FUNDS, $103,000;
AND $80,000 TO SATISFY PAST DUE REAL ESTATE TAXES FOR 1999 AND OTHER LEGAL
AND RECORDATION COSTS ASSOCIATED WITH ACQUISITION.
Vice Chairman Gort: Item 9.
Commissioner Sanchez: So move.
Commissioner Teele: Mr. Chairman, on items 9 and. 11, that's moved, but again, I want to serve notice on
the Manager that you all are doing the right thing. You're doing an outstanding job. I want to meet with
the staff on where we go from here. But this is all a part of the women and the families that were here for
a year trying to get some relief And this is -- the wheels of justice grind slowly, but exceedingly fine.
And I want to again commend the Manager and the financial staff in Community Development in moving
this forward. We're clearing up these lot issues, and we're clearing title, and we're doing these things that
are necessary, I think, to protect the Community Development dollars in the City of Miami, and I
commend you again.
Vice Chairman Gort: Commissioner Teele --
Alejandro Vilarello (City Attorney): Mr. Chairman.
Vice Chairman Gort: I agree with you. But the one thing I also, like you, would like to see what the
master plan is going to be, and I'd like to see this go into the private sector, and not for us to maintain and
keep it. Yes, go ahead, Mr. Attorney.
Mr. Vilarello: With regard to Item 9, the resolution, it's on the agenda as a ratification of the City
Manager's actions. That was in anticipation that he would have to take action before this meeting. He has
not, so it would simply be a resolution with attachments approving the acquisition of the property.
Vice Chairman Gort: OK. Is there a motion?
Commissioner Teele: So move.
Vice Chairman Gort: Second?
Commissioner Winton: Second.
Vice Chairman Gort: Further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
48 9/14/00
0
U
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-757
A RESOLUTION. (PENDING)
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
q
49 9/14/00
13. APPROVE AND CONFIRM MANAGER'S ACTION TO AUTHORIZE ACQUISITION OF
THREE MULTIFAMILY PROPERTIES LOCATED AT 1435, 1455 AND 1475 NORTHWEST 61sT
STREET, AND MAKE PAYMENT TO SATISFY REAL ESTATE TAXES FOR PROPERTY
LOCATED AT 1606 NORTHWEST 58TH TERRACE IN MODEL CITY REVITALIZATION
DISTRICT; ALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FUNDS $300,000.
Vice Chairman Gort: Item 10.
Commissioner Teele: So move.
Vice Chairman Gort: It's following up. It's been moved.
Alejandro Vilarello (City Attorney): Commissioner, the same, the same change with regard to Item 10.
Vice Chairman Gort: Second? Commissioner Winton seconds it.
Commissioner Winton: Yes.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission. (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-758
A RESOLUTION (PENDING).
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
50 9/14/00
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny.L. Winton
NAYS: None
ABSENT: None
51 9/14/00
0
n
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14. APPROVE AND CONFIRM MANAGER'S FINDING TO EXPEND $138,787 IN HOME
INVESTMENT PARTNERSHIP PROGRAM FUNDS TO MAKE PAYMENT AND SATISFY PRIOR
YEARS REAL ESTATE TAXES FOR 1998 AND 1999 ON EIGHT MULTIFAMILY PROPERTIES
LOCATED IN MODEL CITY AND OVERTOWN NEIGHBORHOODS.
Vice Chairman Gort: Item 11.
Commissioner Teele: So move.
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 resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-759
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS 4/5 THS AFFIRMATIVE VOTE, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING THAT IT
WAS ADVANTAGEOUS AND PRACTICABLE FOR THE CITY
MANAGER TO EXPEND $138,787 IN HOME INVESTMENT
PARTNERSHIP PROGRAM FUNDS TO MAKE PAYMENT AND
SATISFY PRIOR YEARS REAL ESTATE TAXES FOR 1998 AND
1999 ON EIGHT (8) MULTIFAMILY PROPERTIES LOCATED IN
THE MODEL CITY AND OVERTOWN NEIGHBORHOODS,
PREVIOUSLY OWNED BY MIAMI LIMITED, AND SUCCESSULLY
ACQUIRED BY THE CITY OF MIAMI FOR HOUSING AND/OR
COMMERCIAL REUSE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
52 9/14/00
•
•
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
53 9/14/00
15. APPROVE AND CONFIRM MANAGER'S FINDINGS OF EMERGENCY, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND AWARDING CONTRACTS AS
FOLLOWS: (1) BENNETT ELECTRIC SERVICE COMPANY, FOR "SOUTHSIDE PARK --
SECURITY LIGHTS, B-6343," $28,382.50; (2) BENSON ELECTRIC, INC., FOR "JOSE MARTI
PARK SPORTS LIGHTING PROJECT -- BASKETBALL COURTS, B-6332," $28,540; (3) GANCEDO
TECHNOLOGIES, INC., FOR "RIVERSIDE PARK SECURITY LIGHTS PROJECT, B-6338,"
$9,529.84; (4) GANCEDO TECHNOLOGIES, INC., FOR "ROBERT KING HIGH PARK SPORT
LIGHTS PROJECT, B-6339," $58,178.52; (5) MAGESCO, INC., FOR "REEVES PARK SECURITY
LIGHTS, B-6342," $34,736; AND (6) BENSON ELECTRIC, INC., FOR "WILLIAMS PARK
SECURITY LIGHTING PROJECT, B-6353," $38,921; ALLOCATE FUNDS FROM COMMUNITY
DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM, SAFE NEIGHBORHOOD PARKS BOND
("SNPB") PROGRAM, AND IMPACT FEE REVENUES.
Vice Chairman Gort: Item 12.
Commissioner Sanchez: So move.
Commissioner Regalado: Second.
Vice Chairman Gort: It's been moved and seconded. Discussion. Being none, all in favor, state it by
saying "aye."
Commissioner Teele: Discussion.
Vice Chairman Gort: Discussion. Sorry.
Commissioner Teele: Mr. Chairman, on these ratifications of these park issues, is the Park Director here?
I know these are Public Works items on behalf of Parks.
Carlos Gimenez (City Manager): He's in the back, but he'll be out soon.
Commissioner Teele: Well, we can take it up. I really would like to try to get a clear and -- On these
park issues, I know we're moving forward. I know that the Reeves Park and Williams Park are in there.
But where are we on Hadley Park, or is that something we need to talk about?
Albert Ruder (Director, Parks and Recreation): We need to talk. We've been talking to your assistant.
There's a lot of details. I'll be happy to talk about it now, but I'd rather --
Commissioner Teele: OK. Let's --
Vice Chairman Gort: Excuse me. And you are?
Mr. Ruder: Albert Ruder, Parks Director.
Vice Chairman Gort: OK.
54 9/14/00
•
Commissioner Teele: All right. I apologize, Mr. Ruder. I've been advised you do have a call in to me,
and we should discuss that. But I am going to ask that it be put on the agenda for the next meeting,
because the citizens are -- let's just say mildly outraged at the delays.
Commissioner Sanchez: Mr. Vice Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: If I may just -- These are clearly things that the community, although they see it,
because, you know, they drive by and they see that the parks have been improved, and there's lights, and
fencing and stuff. I think that with the concept that was discussed in the last Commission meeting on
focusing on the communities, historical sites in the community, I think that the City, Net -9 should do a
series or a program of all the improvements that the City has done to the parks. I think not only through
the educational aspect of it, but also by showing the viewers the improvements that have gone on in the
parks. I mean, I have often been complimented, which, you know, I compliment the staff for it. But the
improvements in surrounding parks in my district, such as Triangular Park, with just, you know, the
basketball court extending from half court to a full court, the benches, the barbecue, the new playground.
I think that we need to not only show, show off what the City has done on this and many other capital
improvements.
Vice Chairman Gort: Also, I'd like the -- I need to sit down with you to look over Sewell Park. That's the
one next to 17th Avenue and the river.
Mr. Ruder: OK.
Vice Chairman Gort: That's that beautiful park we have there, and we should take more advantage of it.
Mr. Ruder: We've done a lot of improvements there. And just for the record, in the last two years alone,
we've expended about seven million dollars ($7,000,000) in improvements in all the parks.
Commissioner Sanchez: And we need to spend more.
Vice Chairman Gort: Also, what I'd like to do, if possible, when you put the improvements, the activities
that take place in the parks and the amount of people that we serve.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Just briefly, a follow-up on Commissioner Sanchez' suggestion. I would tell
Commissioner Sanchez and the Manager that I know, because I was the �e, for a fact that in the past year
and a half of the -- When we do the grand opening of the improvement in some of the parks, it's been
filmed by Net -9, but it never has been on the air. So we have all this material dating back to a year and a
half.
55 9/14/00
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Vice Chairman Gort: See, we have to make sure that all the good things that happen in this City we put
them in Channel 9, because all the bad things, we know a lot of people take care of it. So we've got to
make sure we show our good things, too.
Commissioner Teele: You can be sure all the bad things will be on Channel Miami Herald.
Vice Chairman Gort: Mr. Cruz
Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I am speaking here in my capacity as elected
representative in the Parks Advisory Board, District 1. And I make a point of visiting the parks in my
district, from Moore, from Pablo Duarte, Curtis and (inaudible) at least once a week. And the problem,
there's a lot of problems with the lighting on Pablo Duarte, because you've got a collision between the
people that play soccer and the people that play baseball. They don't have any lights, so they move to the
baseball field. And you got wars and fighting. And it's going to be a tragedy there some of these days.
And the point is -- and I know by a fact, it's not the Parks Department. It's Public Works. It's the other
department, because Parks don't do the actual planning or the design of the lighting. It's Public Works.
And I go to Public Works, and nobody work in Public Works. It's being cannibalized, Public Works.
People retire; they don't fill the position there. So I really don't know what the proper -- It's going to be
a tragedy in one of those parks on account of the lack of lighting. And for a few dollars, we'll have to pay
a lot more money later on.
Commissioner Teele: We just approved the lighting
Vice Chairman Gort: Mr. Cruz, Mr. Cruz, my suggestion to the Park Advisory Board, if you look at the
population within the City of Miami, it's changed quite a bit. And if you look ten years back, there was
no soccer -taking place in any of our parks. So our parks were designed for baseball, football, tennis,
basketball. Now things are changing and there's more people using soccer. So this is something that the
Parks Department needs to look into it in your planning to expand the activity of soccer into those parks.
Thank you.
Mr. Cruz: Yeah, but they do need -- they're playing without (inaudible).
Vice Chairman Gort: I understand. That's why I'm saying I agree with you. I am agreeing with you.
Thank you.
Mr. Ruder: And for the record, there's two contracts out right now to put the lighting that Mr. Cruz is
talking about at Duarte Park that Public Works has awarded, and it's about to be started.
Vice Chairman Gort: Right. Thank you. The problem is people don't realize sometimes in government,
it takes a lot longer than in the private sector.
Commissioner Regalado: Mr. Ruder, you're going to be here for the budget hearing, right?
Mr. Ruder: Yes, unless you want to excuse me.
56 9/14/00
Commissioner Regalado: No. I would love for you to be here for the budget hearing.
Vice Chairman Gort: Item 12. Do I have a motion?
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Further discussion. Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
9
57 9/14/00
The following resolution was introduced by.Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-760
A RESOLUTION OF THE MIAMI CITY COMMISSION .BY A FOUR
FIFTHS (4/5TH') AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDINGS OF EMERGENCY,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS,
AND AWARDING CONTRACTS AS FOLLOWS: (1) BENNETT
ELECTRIC SERVICE COMPANY, FOR THE "SOUTHSIDE PARK --
SECURITY LIGHTS, B-6343," CAPITAL IMPROVEMENTS PROJECT
("CII'") NO. 331371, IN THE PROPOSED AMOUNT OF $28,832.50; (2)
BENSON ELECTRIC, INC., FOR THE "JOSE MARTI PARK SPORTS
LIGHTING PROJECT -- BASKETBALL COURTS, B-6332," CII' NO.
331385, IN THE PROPOSED AMOUNT OF $28,540.00; (3) GANCEDO
TECHNOLOGIES, INC.,. FOR THE "RIVERSIDE PARK SECURITY
LIGHTS PROJECT, B-6338," CIP NO. 331395, IN THE PROPOSED
AMOUNT OF $9,529.84; (4) GANCEDO TECHNOLOGIES, INC., FOR
THE "ROBERT KING HIGH PARK SPORT LIGHTS PROJECTS, B-
6339," CII' NOS. 331374 AND 333108, IN THE PROPOSED AMOUNT
OF $58,178.52; (5)_ MAGESCO, INC., FOR THE "REEVES PARK
SECURITY LIGHTS, B-6342," CIP NO. 331389, IN THE AMOUNT OF
$34,736.00; AND (6) BENSON ELECTRIC, INC., FOR THE "WILLIAMS
PARK SECURITY LIGHTING PROJECT, B-6353," CIP NO. 331351, IN
THE AMOUNT OF $38,921.00; ALLOCATING FUNDS THEREFOR
FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT
("CDBG") PROGRAM, SAFE NEIGHBORHOOD PARKS BOND
("SNPB") PROGRAM, AND IMPACT FEE REVENUES, AS
APPROPRIATED FOR CAPITAL IMPROVEMENTS . PROJECTS,
PURSUANT TO GENERAL APPROPRIATIONS ORDINANCE NOS.
11705, AS AMENDED AND 11839, AS AMENDED; AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE SIX (6)
SEPARATE CONTRACTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE CONTRACTORS FOR THE PROJECTS AS
DESIGNATED HEREIN.
0
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
58 9/14/00
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote: i
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Sanchez
59 9/14/00
• 0
16. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVING
FORMAL SEALED BID PROCEDURES FOR PROJECT ENTITLED "CITYWIDE SIDEWALK
REPLACEMENT PROJECT PHASE 16 (SECOND BIDDING), B-4624" AND AUTHORIZE
MANAGER TO ACCEPT BID OF WIS'S ENGINEERING AS BIDDER FOR BID "A" OF SAID
PROJECT, $198,111.80 AND F&L CONSTRUCTION, INC., AS BIDDER FOR BID "B" OF SAID
PROJECT, $143,625; ALLOCATING FUNDS AS APPROPRIATED BY APPROPRIATIONS
ORDINANCE NO. 11705, $341,736.80.
Vice Chairman Gort: Item 13, an emergency --
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
John Jackson (Director, Public Works): Commissioner.
Vice Chairman Gort: Yes.
Mr. Jackson: John Jackson, Director of Public Works. I'd just like to make a point on item 13. This is
the item where at the June 8 Commission meeting, there was a -- it was one large project, and you directed
us to informally bid this, and split it up into two projects. We did that. And by doing so, we saved the
City over two hundred and twenty thousand dollars ($220,000) with these two projects.
Vice Chairman Gort: Thank you. But Mr. Jackson, one of the things I want to make sure of, although we
split it up, that we give an opportunity to all the firms to do so, the smaller firms, that they comply with all
the guidelines and criteria that we set up for. Because last night, I took a walk around some of the new
sidewalks that were built, and they need to do some finishing up. Thank you.
Mr. Jackson: OK. I'll make sure.
Vice Chairman Gort: Item 13, is there a motion?
Commissioner Teele: It's moved and seconded, Mr. Chairman.
Vice Chairman Gort: OK. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
60 9/14/00
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-761 .
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR
FIFTHS (4/STHS) AFFIRMATIVE VOTE RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY AND WAIVING FORMAL COMPETITIVE SEALED
BIDDING PROCEDURES; AUTHORIZING THE CITY MANAGER
TO ACQUIRE SERVICES, EQUIPMENT AND/OR MATERIALS
REQUIRED FOR THE DEPARTMENT OF PUBLIC WORKS'
PROJECT ENTITLED "CITYWIDE SIDEWALK REPLACEMENT
PROJECT PHASE 16 (SECOND BIDDING), B-4624, BIDS "A AND
B,'° FOR CONSTRUCTION OF NEW SIDEWALKS AND CURBS
THROUGHOUT THE CITY OF MIAMI FROM WIS'S ENGINEERING,
IN THE PROPOSED AMOUNT OF $198,111.80 (BID "A"), AND F&L
CONSTRUCTION INC., IN THE PROPOSED AMOUNT OF
$143,625.00 (BID "B"); ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT NO. 341170 IN THE AMOUNT
OF $341,736.80 TO COVER CONTRACT(S) COSTS IN THE
AMOUNT OF $31,756.32 AND ESTIMATED EXPENSES INCURRED
BY THE CITY, IN AN ESTIMATED AMOUNT OF $373,493.12;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY
WITH WIS' S ENGINEERING AND F&L CONSTRUCTION, INC. FOR
SAID PROJECT.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
61 9/14/00
Commissioner Teele: Mr. Jackson.
Vice Chairman Gort: Mr. Jackson.
Commissioner Teele: In the future, when things are going your way, wait till after the vote. Then make
the comment.
Mr. Jackson: Oh, OK. Yes, sir, I will.
Vice Chairman Gort: Fourteen.
Commissioner Regalado: Mr. Jackson, Mr. Jackson, just very briefly. We need to do something with the
process of dedication of land to build sidewalks, because it's too complicated. I think that the people have
to do many things that would cost them money. And, you know, they complain, because they don't have
sidewalks. We cannot do it, because they have to dedicate -- is it ten feet or something like that, right? --
of their property to build the sidewalk?
Mr. Jackson: It could be ten feet.' It's five to ten feet.
Commissioner Regalado: But, you know, John, it's very difficult to dedicate that. They have to come up
with a survey, and with a "this" and a "that." I don't know if you can think of an easier way of doing this.
That way, we could go ahead and finish some of these streets that do not have sidewalks.
Vice Chairman Gort: In other words, the owners are giving the property to the City 'of Miami, and then
we're asking them to pay for it, instead of us buying it from them.
Commissioner Regalado: But that's the problem. I mean, we don't ask them to give us money, but we
ask them to come up with a lot of documents that cost them money. And it's very difficult for them. And
if they don't dedicate their property, then the next-door neighbor doesn't get a sidewalk.
Mr. Jackson: Commissioners,. if we're going to take possession of that tract of land, which is a small
piece of land, we need -- we need a signed and sealed survey, to make sure that we're getting the property
described. I'm not sure how we cannot require that.
Commissioner Regalado: Well, if it's only a survey --
Vice Chairman Gort: Mr. Jackson, you can require it, but the City might be able to do it, since we're
buying the land for free. I mean, we're getting the land. We're not paying for the land.
Mr. Jackson: OK. Yes. We need a source of funds to go ahead and provide the survey.
Commissioner Regalado: If they have a survey -- but other than the survey, there are other requirements,
you know.
Commissioner Sanchez: What item are we on?
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Commissioner Teele: Thirteen. We're not on any item. They just approved 13 and are discussing a
whole bunch of collateral issues.
Mr. Jackson: Might be something we can look at. We need to look at it, yeah.
Vice Chairman Gort: Thank you.
63 9/14/00
�7
Vice Chairman Gort: Item 14.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Teele: On item 14, I would move that the Manager's recommendation be rejected
and that the applicant be granted a six-month moratorium. I'd like to second just for the purpose
of discussing it, and see where the Commission is.
Commissioner Winton: Second.
Commissioner Regalado: Second.
Vice Chairman Gort: Further discussion.
Commissioner Teele: Mr. Chairman, before we start this, let's be very clear. The amount in
controversy that we're talking about right now is two thousand dollars ($2,000) over a six-month
period of time. Roughly, two thousand dollars ($2,000). Is that correct, twenty-six hundred
dollars ($2600)?
Ms. Laura Billberry (Director, Asset Management): That number has grown at this point. The
July -- part of June, July, August and September are also due for a total now due of forty-five
hundred for round numbers.
Commissioner Teele: OK. For 4,000 -- less than five thousand dollars ($5,000)?
64 9/14/00
Ms. Billberry: Yes.
Commissioner Teele: OK. What we're talking about is a business in the Overtown shopping
center, a business that's a beauty shop, a business that is a person who has received no grants, no
loans. In fact, Miami Capital has been closed. These people have had no place to go to get
assistance. But I think, more importantly, is two points, three points that I want to make.
Number one, the owner of the business is a person that is a qualified WAGES (Work and Gains
Economic Self -Sufficiency) recipient. This is someone who has really tried to pull their self up
by their bootstraps. They've lived in -- with all due respect -- I hope you don't mind me saying --
lived in public housing. They've -- instead of trying to draw on government, they are trying to
run a small beauty and nail shop. Just run a business. And in the Overtown shopping center,
quite candidly, right next to the NET (Neighborhood Enhancement Team) Office, for anyone
that's ever been to the NET office or to this business, there is one big problem, parking. You
can't get a park there. Not one parking space. You know why? The NET office has all the
parking spaces. The ones that they don't have, the police have. We've had this discussion going
and coming. So, here is a business that has had a very, very difficult time. But let me tell you
why I am very enthusiastic about trying to support these businesses. Because if you look at how
much money they are paying per square foot in comparison to what others are paying per square
foot, primarily the grocery store -- well, I'll let the numbers speak for themselves. How much are
they paying a square foot and how much is a grocery store paying a square foot?
Ms. Billberry: They are presently paying 630 a square foot. The grocery store, I don't have the
exact numbers but I believe it's around a dollar twenty-nine ($1.29).
Commissioner Winton: Is this gross or net, 30?
Ms. Billberry: It's net. They do pay their own electric. They are supposed to pay their own
water also.
Commissioner Teele: I'll accept the dollar twenty-nine ($1.29), but my calculations a year ago
were more like seventy cents ($.70). And, you see, I have a problem, a real problem -- with
without getting into race or anything, but I have a real problem when one guy, who's got a big
store, he's paying seventy cents ($.70) or a dollar twenty-nine ($1.29) and somebody who's
working their fanny off trying to make a business work, is paying six dollars ($6) a square foot,
right next door to each other, in a City owned facility. Now, I know there are reasons and the
anchor tenant always gets a better deal and all of that, but you've got to understand. The anchor
tenant -- and I don't want to get Mayor Suarez -- and that thing was all blown up as a big political
deal, which it was back then. This is a five, seven, eight-year-old deal. Although, he's got a lot
to say about our budget. But the fact .of the matter is that we're trying to help people and I really
do believe that for four thousand dollars ($4,000), we're not waiving their payment. They've got
65 9/14/00
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to bring their payment up-to-date, but we ought to give them a six-month moratorium on rent for
six months. That is, they have to bring it up-to-date, whatever it is, and give them a six-month
moratorium to catch up. That's my recommendation. And I think, given the amount of money
that we're talking about, we don't need to spend a whole day on it. And I would just like to allow
the owner to just say a word or two, in your own statement. You've got a letter before us.
Commissioner Winton: Before they do that --
Vice Chairman Gort: There is a motion. A second. Yes.
Commissioner Winton: Commissioner Teele, could I understand what you're requesting here.
When you say six-month moratorium, that means -- .
Vice Chairman Gort: Six months without payment.
Commissioner Teele: Six months from now. In other words; they would not have to pay month
rent -- if they bring it current --
Commissioner Winton: If they bring it current when?
Commissioner Teele: Within the next -- during the six month period -- during the next six --
during the next six months.
Commissioner Winton: So --
Vice Chairman Gort: Six-month period.
Commissioner Teele: They'll have six months to bring it current.
Commissioner Winton: Bring everything current.
Commissioner Teele: But they'll have a six-month moratorium in which they won't owe any
rent.
Commissioner Winton: So, how far behind are they already?
Vice Chairman Gort: A single payment.
Ms. Billberry: Well, they owe presently 40 -- forty-five hundred.
66 9/14/00
Commissioner Winton: How many months is that?
Ms. Billberry: There are some partial payments, but it's approximately 8 months.
Commissioner Winton: So, they are already.8 months behind and we're going to give them six
more months to get behind, so you're going to have a total of 14 months to --
Commissioner Teele: No. We're giving them six months free, moratorium. No rent.
Ms. Billberry: So, it will not accrue either.
Commissioner Teele: That's correct.
Ms. Billberry: OK.
Commissioner Teele: But they will have to become current at the end of the -- by the end of the
six months; otherwise, they would have to vacate.
Ms. Billberry: During the six months, can we do it in a form that we take the 45 --
Commissioner Teele: That's acceptable to the Manager.
Ms. Billberry: -- and divide it by the six months?
Commissioner Teele: In a form that's acceptable to the Manager.
Commissioner Sanchez: Mr. Chairman, if I may?
Vice Chairman Gort: Yes, Commissioner Sanchez.
Commissioner Sanchez: I don't -- really, the total amount is not in question here and, you know,
we're all human beings and we all may fall back on our luck and stuff. And, yes, government is
here to help those that need to be helped, but the concern that I have is setting a precedence that
other businesses, when they do fall back on their luck, then they are going to come in front of
this Commission and now we have something established on the record that we're going to have
to allow them, too. Several -- maybe about a year and some months -- about a year and a half
ago, when the Marti Tower, and they wanted the same thing, there was just no way that I would
have done it because it would have set a precedence. It wasn't this amount. Nowhere compared
to this amount, what they wanted to do. But the concern that I have, if we do this, what's going
to happen with other businesses .that fall into the same situation that they are in. They come in
67 9/14/00
front of this Commission. Under what basic ground or policy do we tell them no?
Ms. Shaunda Hayes: Excuse me. I fell back on my rent --
Commissioner Regalado: Excuse me, excuse me
Vice Chairman Gort: Excuse me, ma'am. Ma'am, I'll recognize you in a little while.
Commissioner Regalado: Mr. Chairman.
Ms. Hayes: Oh, I'm sorry.
Vice Chairman Gort: Are you through, Mr. Sanchez?
Commissioner Sanchez: Yes, sir.
Vice Chairman Gort: Commissioner Sanchez. Commissioner Regalado.
Commissioner Regalado: Well, you know, I think that Commissioner Sanchez, in a practical
business way, is telling what should be done generally. But I think that it's important that we
recognize that there are areas of the City that we cannot have even the perception that the City is
turning its back on it. There are areas and places that need to be recognized as special target
areas and the City should walk the extra mile to help the people that really want to work.
Because, you know, it's an irony that this City has a contract -- and, mind you, it's not you, nor
this Manager, nor this Commission -- with a rowing club with a prime property that only pays a
hundred dollars ($100) a year and nobody questioned that. Now, we just had a report from the
auditor about the Rickenbacker Marina saying, it's a bad deal for the City and we should be
getting maybe a million more, and there is nothing that we can do about it. And then the City
wants to go after the little people. This -- if we are going to follow the philosophy of "The rich
should be richer and the poor should be poorer," then this is the way to go. But if we are going
to try to help the working people, the people that are in those businesses from nine to nine, the
people that work six days, a week, then we have to say that we have to look in a different way
these kind of deals. When you all in the administration come to this Commission and tell us,
"You know what, we're going to sue those people who are just paying a hundred dollars ($100) a
year. You know what, we're going to go after the Coconut Grove Sailing Club to get more
money in the City," then and only then, I will vote to go after the little people and the working
people. But when you have contracts -- if you are, bless you. Because you should. Not only
you, but the people before you. It's been many years that we have only decided that the people
of Miami, that the working people of Miami, have to take the brunt of the financial crisis and not
the people that have the resources. So, you know, I'm sorry but I think that I -- if there is a vote,
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I will vote to help these people, which I don't know by the way, but I think they are working
people and going further. I think that the City should be looking the other way when there are
social programs that are helping a lot of people and that are in City facility and now we want to
raise their rent or have them pay the utilities. With what? With the money that they use to feed
the elderly in that center? And I'm talking about the Allapattah Community Center, which is
another issue. But I'm just saying that, if you all want to declare war on the poor people of
Miami, you know, count me out because I'm not going to do that.
Vice Chairman Gort: Commissioner Regalado and fellow Commissioners let me -- I think
Commissioner Sanchez has a good point. And he says, and the reason you don't establish a
precedent is very simple. This is a facility that had problems through the history since it was
built. They have never been able to have someone to be successful in business in there and there
is something wrong with that shopping center. We were -- none of us were here when that
shopping center was built. So that's one precedent that you can -- that's one guideline that you
can utilize to award this. The second one is, you have a couple of individuals that could be in a
WAGES program. They could be joined social services, and they could be doing welfare. They
want to do business. And the only way we can have economic development in poor
neighborhoods is trying to help those individuals. So, I believe those issues, by themself, will
separate it from setting a precedent for the rest of the City owned property.. This is a completely
different property. This is a failure from the beginning. There has only been one success story
and it's been the market. My understanding is the market is paying less than a dollar per square
foot. So, this is my personal feeling on this. Commissioner Sanchez.
Commissioner Sanchez: Willie, if I may. One -- after reading the back-up material and
gathering information, there is one thing that really concerns me. On June the 29, the office of
asset management met with the licensee to attempt to work out terms of a payment plan on the
past due fees. Licensee did not agree to a payment plan.
Vice Chairman Gort: Right now they would have to agree. We're setting the tempo right now;
they have to agree. If they don't comply with it, they are out. Commissioner Winton.
Commissioner Sanchez: What Commissioner Teele put on the table, if it's accepted by the
administration, you know, we're willing to move forward and vote on the issue.
Commissioner Winton: My initial reaction to this was absolutely the same as Commissioner
Sanchez's and Commissioner Regalado. I don't consider this to have anything to do with
declaring war on little people. We have major responsibilities up here and there are always
issues in our community, all over the place, in setting precedent in certain arenas. We may
decide it's good and in others, that it's bad. However, we do have -- and I think Commissioner
Gort hit on the key here. We might have a way to get through this without setting a precedent.
69 9/14/00
9 9
Because as Commissioner Gort said, this shopping center has always been a failure. It's in
terrible condition. It doesn't have appropriate parking. It's just a mess. Plus, it's in a special
neighborhood where we're trying to put a lot of resources in to redeveloping the neighborhood.
So, I talked to City Manager, Assistant City Manager, and a suggestion was that we classify this
as something like a small business development center so that we are providing assistance only
to -- not a precedent related to deferral of rent or abatement of rent or forgiveness of rent, but we
are targeting only this particular shopping center in the City of Overtown as a special -- as
something called a small business development center. Thereby, allowing us to make certain
decisions that can enhance the probability of success on the part of tenants in that particular
center only.
Commissioner Teele: Mr. Chairman, I have no objection to any of the comments that
Commissioner Winton just made. But, you know, I feel compelled again to bring us -- you
know, this is not a one size fit all process that we're in. We're here as Commissioners. We're
representing -- we're elected to represent our. districts. Our districts are all different and I think
the reason that this process of single member districting has worked is why we all have our own
votes and we vote Citywide. We listen to people that represent the districts. I listen to you
closely in the matters of your district. I listen to Commissioner Gort. You know, this Bobby
Maduro Stadium, I -- personally, I had some other views. But he's closer to that thing than I am,
and I'm going to continue to support the Commissioners that are here. But I don't think you
create a precedent when you are dealing with a district matter that is as unique as Overtown is. I
mean, where is the precedent? In other words, show me a district or a segment of our City that
has the level of unemployment, the statistics. The reason that it's in the empowerment zone is
specifically because of that. We committed that we're going to take special actions. You know,
I don't -- this is five thousand dollars ($5,000) and I just want everybody to understand the
context that I have to wrestle with. I'm wrestling now with recommending to you that we
provide an additional seven hundred and fifty thousand dollars ($750,000) grant to the third
richest man in the world or -- what's the organization that he's associated with, the third richest
man in the United States. And I don't have any hesitation about recommending what is right for
the redevelopment of that unique area that we're talking about in Park West. I have no
reservations about that. We've got to look at each individual area and do what is right.for those
different areas. We cannot treat Coconut Grove the way we treat Allapattah. We cannot treat
Overtown the way we treat the upper north side. And, so, the point I think that the helpful in the
discussion is we all need to know where we are on these things. This shopping center, without
regard to the precedent, was a -- is a colossal failure. And I mean to start talking and voting
against this, without understanding the history of this. The fact of the matter is, we tried to sell
it. We tried to almost give it away. It is a cash drain on the City. We subsidize -- I mean, you
want to talk about the facts. We subsidize the anchor tenant every year to the tunes of tens of
thousands of dollars. We have to pay for the garbage. We have to pay for the roof and all of the
things that are wrong. This thing is a cash drain to us and what's really wrong -- and I mean,
70 9/14/00
without getting into it, because you need to know. This is your asset. You're the landlord, even
though it's in my district. What's really wrong is, is that when we can pay -- we can rent to a
person who doesn't live in the community, to a person who has nothing, very little in common
with the community, but provides a very important service and an outstanding citizen, for one-
fifth of what we charge the people that live in the community
for -- when I did the study of this Overtown Shopping Center, I said to myself, this thing is so --
it's such a can of worms. I don't want to have anything to do with it. Because there is no way to
provide equality. The only way I would support anybody going in there today is that they pay
the same amount that everybody -- that the major tenant -- one tenant has over 50 percent of the
building. It's always been -- you always have vacancies there. But it's something morally wrong
when one person who doesn't live in the area, that is -- vast majority of the employees may or
may not live in the area, come from the area. It was a deal done quite candidly by Suarez and
Howard Gary, and everybody that knows the stories and reads newspapers, knows exactly what
happened. You know, the story of the law firm and the family and all of that. The bank for --
the sunshine bank and all that. I mean, it's no need to bring all that stuff up. But the fact is,
we're here today where that group is paying less than a dollar, a dollar twenty-nine ($1.29) and
someone that's working their way through life is paying six dollars ($6). I just cannot -- in my.
district, and I'm the landlord. It's hard for me to justify that. So, I don't have any remorse about
talking about a precedent, about saying look, no, we don't want to send the signal that we're --
that Miami City Hall is a Christmas tree. There is a burden, a responsibility. You signed a lease.
People have come to me and asked me to help them with the lease. The police officer -- I told
her I wouldn't help her. I said because anything that goes on in that business -- in that building is
a bad deal for African Americans. I feel that way. And I feel that the City staff is treating you
fairly based upon what the City Commission did to them. And I just want to say one thing to the
Manager; contrary to anything that has been said. I don't think you're declaring war. I expect
you to bring these matters to.us. But I think that, as policymakers, we are the ones -- you know,
and I don't want anybody to take our discussion or debate as a chilling -- that you can't bring -- if
somebody is not paying what they are owed, then bring it to us. But let us try to make -- this is
where you make justice and you provide some degree of equity, not in the corridors of the City
Hall or, you know, down and under deals that are going to get us all in trouble. Let the sunshine
wash it out. Everybody saying where they are and I really do believe that, if they will agree to it
-- and I want to be very clear. If they don't agree to it, they are out. But I would like to stay with
the motion and that is, the motion that they must bring their rent current within the six months,
that is, the full amount of 48 or forty-five hundred dollars ($4500); that, during that period of
time, they will have a moratorium, and if they are not current at the end of six months there is no
further need to bring it back to the Commission. They are automatically evicted from the
process.
Vice Chairman Gort: By the way, I wanted the staff to realize that we're very proud of the work
that you're doing. And Commissioner Teele is right on that. Bring those to us and we need to
71 9/14/00
make the decision case to case and places.
Commissioner Teele: They ought to have an opportunity to say something at some point, Ms. --
Mr. Carlos Gimenez (City Manager): Mr. Chairman, let me say that I agree with Commissioner
Teele's comments one hundred percent. We will bring these six forward. We haven't declared
war -- it's up to the Commission to make those policy decisions. It's not up to us.
Vice Chairman Gort: Yes, ma'am.
Commissioner Teele: I think Ms. Hayes --
Mr. Marion Hayes: Commissioners, City Managers, citizens, Marion Hayes, proud husband and
friend to my wife for 20 years.
Vice Chairman Gort: Your address, please, sir. Your address, sir.
Mr.Hayes: 1490 Northwest 3rd Avenue, Overtown shopping development. We went to the City
and we asked for help after --
Vice Chairman Gort: Look, you're going to get the assistance.
You're going to get the help.
Ms. Hayes: No, we've been through a lot with Laura Billberry. She treated us very rudely.
Mr. Hayes: We went --
Shaunda Hayes: Very bad. She lied to us repeatedly. And when we said we was coming here,
she laughed at us. And I feel that she didn't believe we were going to make it here and we're
here and we're asking for your help. And I feel, like he says, it's not war but the way she treated
us, it felt like war.
Mr. Hayes: They told us to raise our prices or get out. That's what they told us.
Ms. Hayes: I refuse to raise my prices in Overtown because it's already a low-income
neighborhood. When I moved there, I knew that. So, my prices fit the community. But I can't --
I cannot -- "0
Vice Chairman Gort: Your name and address, ma'am.
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0 •
Ms. Hayes: Shaunda Hayes, 1490 Northwest 3rd Avenue. I cannot have a business in Overtown
and raise my prices and be proud of taking money from a community that has low-income.
When I went in, this agenda told me, in September `97, that I would be paying six dollars ($6)
per square foot, paying seven thousand dollars ($7,000) a year. That's not what it is. I'm now at
652, almost seven hundred dollars ($700) a month and this is going to continue yearly. There is
no ending that this rent is not going to go up. It goes up yearly with no ending date. And I don't
understand that.
Mr. Hayes: We went in her office --
Vice Chairman Gort: Well, ma'am --
Mr. Hayes: Excuse me. We went in her office and we wanted to straighten this matter out, but
we could not agree to her conditions honorably. We was not going to be able to meet her --
whatever she set for us, we couldn't meet it, so we couldn't agree. It wasn't like we didn't want to
work this problem out. We couldn't. The rent was going up every year. We couldn't afford it.
The income in Overtown community isn't going up every year. We just in a losing situation and
they denied us help. They lied to us. They did so many bad things to us. They promised us
help. We didn't get it. They sent people around to look at this, to look at that. Nothing was
never done. And when me and my wife went in the office, they basically told us, Laura
Billberry, and Peter Kendrick told us, raise your prices or you shouldn't be in the business.
Vice Chairman Gort: Well, unfortunately, when you're talking about the private sector, it might
be a little cruel. What you need to understand -- and this is why I've always requested, whenever
we give assistance to anyone, not only economically, we have to give technical assistance too.
When you sign a contract and that contract that you sign, all the things that they tell you, that you
believe to be a lie, they were probably stated it within that contract, a lot of times --
Mr. Hayes: The contract is a no-win situation.
Vice Chairman Gort: OK. Did you sign the contract?
Mr. Hayes: We had no choice. We already had a loan to start a business. We had no choice.
Vice Chairman Gort: This is where you -- this is where we need to negotiate before you sign a
contract. This is something that we have to learn, especially within that community.. A lot of
times --
Mr. Hayes: We was told, the City is not here to put people out of business. The City is here to
help. That's what we were told.
73 9/14/00
•
Vice Chairman Gort: Sir, excuse me. Excuse me.
Ms. Hayes: Be quiet.
Vice Chairman Gort: Excuse me. Sir. Sir, I didn't interrupt you. So, please.
Vice Chairman Gort: We're trying to help you. I don't know if you understand that or not.
We're trying to help you in here but at the same time, I think you need technical assistance.
Because if you cannot make your payments -- first of all, if you cannot make those payments,
you not agree to those increases every year, you should have not signed and you should .have
discussed it at that time instead of signing it. This is for the future. This is for your future.
What we're doing today -- and I want to know if you're going to accept it or not, is you're going
to get six months to pay what you owe right now. And for how long is this lease?
Ms. Billberry: This is a revocable license on a month-to-month basis.
Vice Chairman Gort: It's a month-to-month basis. OK.
Ms. Hayes: My problem with her didn't come from the lease. I just want to make that statement.
It's not the lease.
Commissioner Winton: Well, you guys have two different stories going. I mean --
Ms. Hayes: Well, we have complained about the lease, but my problem with her didn't come
from the lease. My problem with her came from -- I needed to have surgery. It was mandatory.
So, I went to her and asked for time to hold off until I have surgery and recuperate and that's
where that came in.
Vice Chairman Gort: OK. Let me tell you the problem, what it is in here. She is an employee of
us. She has to follow orders as she is instructed; that if you don't make payment, whatever the
excuse is, she has to tell you, "If you don't make payments, you have to go out." And that's her
job.
Ms. Hayes: But that's not what she did.
Vice Chairman Gort: That's her job.
Ms. Hayes: That's not what she did, sir.
74 9/14/00
Vice Chairman Gort: Her job is, if you don't make payments -- and I'm very sorry that you have
a problem you had to have surgery, but any one of us have the same problem and we don't pay,
we're out immediately. You need to understand that. We're trying to work with you. My
question to you is, can you live with what we're stating right now? You're going to get six
months to bring the payments up-to-date. And maybe, somehow, we should sit down and look at
the lease and see what we can do with the lease, and compare it with the other leases that we
have in that shopping center.
Ms. Hayes: I can live with that. And I want to state the fact that I do not owe eight months rent.
Vice Chairman Gort: OK.
Commissioner Teele: Mr. Chairman, as I said, this is -- unfortunately; we're spending a lot of
time on this. But I will, after this motion, if it passes, I will move the Manager's
recommendation, that we study making this a job development center, and I would like, again,
that a study be done On the -- so that the full Commission -- I mean, I really respect all of.my
colleagues but Commissioner Winton has experience in real estate. But I think once you see,
Commissioner Winton, the disparity and you hear what you hear, you see the position that I'm in
-- this is a very -- you all signed that lease in, I believe, January of '97 and I think I had got
elected --
Ms. Hayes: Ninety-eight.
Commissioner Teele: Ninety-eight. In '98. I got elected in November '97. I looked at the lease.
And I've said some things that I know, Dena; you were upset because I said them in public
meetings. But I don't think any African-American should take a lease with the City of Miami in
that location, with the policy that we have. Because it's so unfair for one person to pay a dollar
($1) -- and actually, it was fifty-eight cents ($.58), was the way we did the calculation -- and then
these people are paying six dollars ($6). And one person got a doctorate of jurisprudence and a
former bank president and a former CEO (Chief Executive Officer) of major corporations that
doesn't live in the community, and these people are all people working -- I mean, you know, it's
the stuff of a 60 Minute story. I mean, it really is. And somehow we've got to rationalize and
make sense of this. So, if the Commission -- if a majority of the Commission can support the
moratorium, I'm going to work with them and see if we can get them a loan during that period of
time, but they've got six months fully to bring it up. You all won't give them a payment plan. At
the end of six months,. if they are not current or satisfied, they are automatically evicted, without
having to come back here. And, obviously, we all are going to be trying to work to do it. But I
would make the motion that Dena recommended at,the conclusion of this, if we study making
this -- what did you call it, a small business --?
75 9/14/00
•
Commissioner Winton: Development center.
Commissioner Teele: Development center.
Vice Chairman Gort: OK.
0
Ms. Billberry: Could we ask that the payments just be in equal monthly payments, commencing
October 1?
Commissioner Teele: I would --
Vice Chairman Gort: Sit down and make an arrangement with them. They know not to comply
within the next six months. Now, my suggestion --
Commissioner Teele: We're going to give them a loan -- I mean, you know, if we're going to
help them get a loan or something, they don't need six equal payments. Give them six months.
Vice Chairman Gort: Well, the one thing that I'd like to do, whatever assistance, economic
assistance that we give any other small business, we need to get a technical assistance. We need
to get some volunteer attorneys, volunteer accountants, because this is where the need is. I
mean, people, if they don't understand that once you sign a document, you have to live by that
document, and that document has to be explained to the individuals. I know a lot of people sign
because of the trust -- they want to open up, they want to go into business, and they don't really
look through the documents. And I think it's very important that we do that. Technical
assistance, we have to provide or we should provide. And there are plenty of people that are
willing to do it. OK. There is a -- Commissioner Winton.
Commissioner Winton: No. I think there is a couple other issues as it relates to this center and
to the tenant. If we're going to make this effort to give this tenant an opportunity to be
successful, then we need to work harder and make it -- create an environment that might make
them successful. And, so, there are two things that come to mind. One is parking. If there isn't
parking available for this tenant, then we probably ought to set up some reserved parking, two
spaces, at least, in the darn center that's reserved specifically for the tenant, if we can, so that
there is parking. Number one. Number 2, if the market is awful and the disposable income is
low, and we have a center that's in virtual economic distress or failure, currently, and we have a
revocable monthly license, then we ought to be also looking at the rental structure because zero
rent is a lot less than anything that we're getting above that. So, today they are paying six thirty
net of -- I don't know what it's net of, electric and probably some other utilities
Ms. Billberry: It's electric.
76 9/14/00
Commissioner Winton: And janitorial, et cetera, et cetera. So, the costs are going up there. I
think we need to -- if -- and I'm going to say something about the tenant also, but we ought to be
working to try to make the tenants there successful as possible in a failed environment. So, we
need to look at the rental rate structure. As it relates to the tenants though, the reality is that once
you become an entrepreneur, you're in the cold, cruel world of entrepreneurial fill, if you will,
and when you sign contracts, you've got to pay attention to those contracts because that becomes
the law and that's the Bible that guides the way everything works. And, so, what you have to do
as an entrepreneur -- and it's just the cold reality of it -- but you've got to read this stuff. You're
going to.have to make some tough business decisions. I think the Commission here is going to
work hard to try to create as best environment we can in that particular location to make you a
success, but we're not going to make you success. You are. And, so, these kinds of issues -- you
need help negotiating -- call Commissioner Teele's office, call my office, you know, we'll find
somebody that can help negotiate. But the fact of the matter is, that you've got to get a business
hat on here and it can't be an emotional hat. It has to be a business hat because you're going to
make tough, cold, cruel, business decisions and you're going to live by them or die by them.
You're going to succeed or fail. We hope you succeed but in six months, you know, the world is
going to start up again. Rent's starting up, all that stuff, and you're going to have to make some
decisions. I hope we can negotiate a deal that gives you a better opportunity to work but this one
last point. We're still the landlords and as the landlord, we read those documents and we follow
those documents. There is no excuse for us, as a landlord, to ever be rude. So, I will apologize
for that and we'll make sure that we're -- if we were rude in the past, we're not going to be rude in
the future. But we're going to follow the letter of the law as it relates to these documents. So,
let's get a good deal put together that might allow you to work. But that's going to be the deal.
Vice Chairman Gort: OK. No further discussion. All in favor state by saying aye.
The Commission (Collectively): "Aye."
77 9/14/00
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-762
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING
SHAUNDA'S HAIR AND NAIL STUDIO, INC. ("LICENSEE") A SIX
MONTH MORATORIUM ON PAYMENT OF MONTHLY FEES,
COMMENCING OCTOBER 1, 2000 AND EXPRUNG MARCH 31,
2001, SUBJECT TO LICENSEE PAYING THE CITY OF MIAMI,
WITHIN A SIX MONTH PERIOD, THE TOTAL ARREARAGE OF
MONTHLY FEES PLUS TAXES, IN THE AMOUNT OF $4,580.22,
DUE FOR USE OF SPACE 111 LOCATED AT THE OVERTOWN
SHOPPING CENTER AT 1490 NORTHWEST 3RD AVENUE, MIAMI,
FLORIDA, FOR THE PERIOD OF APRIL, 1999 THROUGH
SEPTEMBER, 2000, SUBJECT TO A TIMED PAYMENT PALN
APPROVED BY THE CITY MANAGER TO AUTOMATICALLY
CANCEL THE REVOCABLE LICENSE AGREEMENT BETWEEN
THE CITY OF MIAMI AND LICENSEE, DATED FEBRUARY 28,
1998, WITHOUT FURTHER NOTICE TO THE LICENSEE, IN THE
EVENT LICENSEE FAILS TO PAY THE ARREARAGES BY MARCH
31, 2001.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Commissioner Teele: Mr. Chairman, I would move the recommendation of the management to
study and to present, within 45 days, a plan to determine whether this should be a job -- a small
78 9/14/00
business development center or appropriate terminology.
Commissioner Sanchez: Just one question for clarification. How many businesses are located in
that --?
Ms. Billberry: There is presently the grocery store, a laundromat, drug store, the nail salon, and
bank and then the NET Office.
Commissioner Sanchez: And the NET Office.
Commissioner Teele: And the state -- did state move out?
Ms. Billberry: No. State hasn't been there in a long time. I think there are about three vacancies
presently.
Commissioner Teele: There are three or four vacancies; the Overtown Advisory Board has an
office there. Call the question, Mr. Chairman. ,
Mr. Walter Foeman (City Clerk): I need a seconder.
Commissioner Winton: Second.
Mr. Foeman: OK.
Vice Chairman Gort: All in -- second, OK. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-763
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO PRESENT A PLAN WITHIN 45 DAYS TO
DETERMINE IF THE OVERTOWN SHOPPING CENTER CAN
BE ESTABLISHED AS A JOB DEVELOPMENT CENTER.
79 9/14/00
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr
NAYS: None
ABSENT: None
s0 9/14/00
18. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 11332 WHICH ESTABLISHED
INITIAL RESOURCES AND APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED
"GANG RESISTANCE EDUCATION AND TRAINING" TO INCREASE APPROPRIATIONS TO
$113,125, CONSISTING OF GRANT FROM BUREAU OF ALCOHOL, TOBACCO AND FIREARMS.
Vice Chairman Gort: Item 15. It's accepting a grant for the "Gangs."
Commissioner Teele: So move.
Commissioner Sanchez: Second.
Vice Chairman Gort: Moved and seconded. Further discussion. Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
Alejandro Vilarello (City Attorney): It's an ordinance.
Vice Chairman Gort: It's an emergency ordinance. I'm sorry. Go ahead.
Note for the Record: The Assistant City Attorney read the pending ordinance into the public
record by title only.
Commissioner Sanchez: It's already been seconded. There's a motion and second?
Walter Foeman (City Clerk): Yes.
Commissioner Sanchez: What is it? An ordinance?
Mr. Foeman: I have to read it -- two readings.
Commissioner Sanchez: Go ahead and call the question.
Mr. Foeman: Two readings.
Commissioner Sanchez: Two readings.
81 9/14/00
0
An Ordinance entitled
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 11332, AS
AMENDED, ADOPTED JANUARY 25, 1996, WHICH ESTABLISHED
INITIAL RESOURCES AND APPROPRIATIONS FOR A SPECIAL
REVENUE FUND ENTITLED "GANG RESISTANCE EDUCATION
AND TRAINING" TO INCREASE APPROPRIATIONS TO THE FUND
IN THE AMOUNT OF $113,125, CONSISTING OF A GRANT FROM
THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT,
AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY FOR THIS PURPOSE;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
was introduced by Commissioner Teele and seconded by Commissioner Sanchez, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
Whereupon, the commission on motion of Commissioner Teele and seconded by Commissioner Sanchez,
adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
ORDINANCE WAS DESIGNATED ORDINANCE NO. 11957.
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.
82 9/14/00
•
19. SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED:
"AUTO THEFT PREVENTION FUND" AND APPROPRIATE $5,000 RECEIVED BY CITY AS
CONTRIBUTION FROM MIAMI-DADE CIRCUIT AND COUNTY COURTS.
Commissioner Sanchez: What item are we on?
Commissioner Teele: Fifteen.
Walter Foeman (City Clerk): Sixteen.
Commissioner Teele: We're going to 16.
Commissioner Sanchez: Sixteen.
Commissioner Teele: So move.
Commissioner Winton: Second.
Commissioner Sanchez: It's moved by Mr. Teele, seconded by Mr. Winton. Open for discussion.
Hearing none -- it's an ordinance. Read the ordinance.
Note for the Record: The Assistant City Attorney read the pending ordinance into the public
record by title only.
Commissioner Sanchez: Mr. City Clerk, 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.
83 9/14/00
passed on its first reading, by title, at the meeting of July 20, 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
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11958.
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.
84 9/14/00
20. COMMISSIONER TEELE TO MEET WITH MANAGER AND CHIEF OF POLICE IN
CONNECTION WITH TELEVISED ACCOUNT OF HIGH SPEED CHASE STORY INVOLVING
MIAMI-DADE COUNTY POLICE OFFICERS.
Commissioner Teele: Mr. Chairman, Chief Martinez, did you see Good Morning, America this morning?
Raul Martinez (Chief of Police): No, sir.
Commissioner Teele: They talked about Miami, Miami's Police Department.
Commissioner Winton: What did they say?
Chief Martinez: No, I didn't see it. I saw last night the videotape, late last night when I got home.
Commissioner Teele: I want to speak with you and the Manager over lunch. I'm going to come in with a
pocket item this afternoon related to the Police Department. Are you aware of the incident involving
Miami -Dade?
Mr. Martinez: Yes, I am.
Commissioner Teele: All right.
Commissioner Winton: What is it?
Commissioner Teele: The incident.
Commissioner Sanchez: The chasing incident.
Commissioner Winton: I didn't see --
Commissioner Teele: Well, you know, we just keep getting this Rodney King repeated. And quite
candidly, I -- you know, we just had the incident in Philadelphia about -- what? -- a month ago. And now
we have this incident. All of this is making national news. Unfortunately, unfortunately, Miami -Dade
Police Department is being referred to on the media for Miami -Dade. And I think your media people
ought to get to work and, you know, politely point out that there is a big difference between Miami and
Miami -Dade. But let me caution you, and don't do what Mayor Suarez did about five years ago, when he
went on Good Morning -- no, it was the Today Show -- and defended why Miami is not one of the ten
worst cities to live in. I mean, why can't the other nine -- don't go on TV and defend that we weren't the
ones, because then you bring us into it. But the fact of the matter is, is that somebody needs to get that
word out. But I'd like to talk to you and the Manager about that today, because I really do think that there
are some things that we really need to do and focus on.
Vice Chairman Gort: Any further discussion?
85 9/14/00
•
•
21. SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE
FUND ENTITLED "VIRGINIA KEY NATURE TRAIL DEVELOPMENT FUND"
$79,873; CONSISTING OF GRANT APPORTIONED BY SOUTH FLORIDA
COMMUNITY URBAN RESOURCES PARTNERSHIP ("SFCURP") FROM U.S.
DEPARTMENT OF AGRICULTURE, $19,973, AND IN-KIND MATCHING FUNDS,
$59,900, FROM DEPARTMENT OF PARKS AND RECREATION GENERAL
OPERATING BUDGET.
Walter Foeman (City Clerk): Seventeen.
Commissioner Sanchez: It's an ordinance.
Vice Chairman Gort: Read it.
Commissioner Sanchez: No, it hasn't been -- has it been moved?
Commissioner Teele: Yeah.
Mr. Foeman: Seventeen, no.
Commissioner Sanchez: No. So move. It's a grant.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Teele: Second.
Note for the Record:. The Assistant City Attorney read the pending ordinance into
the public record by title only.
Vice Chairman Gort: OK.
86 9/14/00
C
An Ordinance entitled —
is
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A SPECIAL REVENUE FUND ENTITLED
"VIRGINIA .KEY NATURE TRAIL DEVELOPMENT FUND";
APPROPRIATING FUNDS FOR SAID PROJECT IN THE AMOUNT
OF $79,873, CONSISTING OF A GRANT APPORTIONED BY THE
SOUTH FLORIDA COMMUNITY URBAN RESOURCES
PARTNERSHIP ("SFCURP") FROM THE U.S. DEPARTMENT OF
AGRICULTURE, NATURAL RESOURCES AND CONSERVATION
SERVICE, IN THE AMOUNT OF $19,973, AND IN-KIND
MATCHING FUNDS, IN THE AMOUNT OF $59,900, FROM THE
DEPARTMENT OF PARKS AND RECREATION GENERAL
OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID GRANT AND EXECUTE THE NECESSARY
DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE SOUTH FLORIDA COMMUNITY URBAN
RESOURCES PARTNERSHIP, ADMINISTRATOR OF SAID GRANT;
CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of July 27, 2000, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Sanchez,
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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11959.
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.
87 9/14/00
22. FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED:
"DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PROGRAM FUND" AND
APPROPRIATING $98,634, RECEIVED AS GRANT FROM U.S. DEPARTMENT OF JUSTICE.
Vice Chairman Gort: Eighteen. Domestic Preparedness Equipment Support Program grant.
Commissioner Teele: So move.
Vice Chairman Gort: Another grant.
Commissioner Sanchez: Second.
Vice Chairman Gort: We're getting a lot of money today. Moved and seconded.
Commissioner Regalado: Second.
Vice Chairman Gort: Discussion.
Note for the Record: The Assistant City Attorney read the pending ordinance into the public
record by title only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
SPECIAL REVENUE FUND ENTITLED: "DOMESTIC PREPAREDNESS
EQUIPMENT SUPPORT PROGRAM FUND" AND APPROPRIATING
FUNDS IN THE AMOUNT OF $98,634, RECEIVED AS A GRANT FROM
THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE FUNDS AND TO
EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY FOR ACCEPTANCE OF SAID AWARD; AND
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE.
88 9/14/00
was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
89 9/14/00
23. FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED:
"BULLETPROOF VEST PARTNERSHIP GRANT II FUND"; APPROPRIATING $81,621.18
CONSISTING OF GRANT FROM U.S. DEPARTMENT OF JUSTICE TO ASSIST POLICE
OFFICERS IN ACQUISITION OF BODY ARMOR.
Vice Chairman Gort: Item 19, Bulletproof Vest Partnership Grant Number II. Is there a motion?
Commissioner Regalado: Move, move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Note for the Record: The Assistant City Attorney read the pending ordinance into the public
record by title only.
Vice Chairman Gort: OK. Call the question.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A SPECIAL REVENUE FUND ENTITLED:
"BULLETPROOF VEST PARTNERSHIP GRANT II FUND";
APPROPRIATING FUNDS IN THE AMOUNT OF $81,621.18,
CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF
JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE
ASSISTANCE, TO ASSIST POLICE OFFICERS IN THE
ACQUISITION OF BODY ARMOR; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO ACCEPT SAID GRANT; AUTHORIZING THE
EXPENDITURES OF SAID GRANT FOR THE OPERATION OF SAID
PROGRAM; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
90 9/14/00
was introduced by Commissioner Regalado, seconded by Commissioner Sanchez and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
91 9/14/00
71
24. FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED:
"HOMELESS SOCIAL SERVICES FUND 2000/01" AND APPROPRIATING $144,000 CONSISTING
OF GRANT FROM MIAMI-DADE DEPARTMENT OF HUMAN SERVICES FOR GENERAL
SOCIAL SERVICES TO HOMELESS PERSONS LOCATED IN CITY.
Vice Chairman Gort: Item 20. Ordinance to accept Homeless Social Service grant for a hundred and
forty-four thousand dollars ($144,000).
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Moved and seconded.
Note for the Record: The Assistant City Attorney read the pending ordinance into the public
record by title only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A SPECIAL REVENUE FUND ENTITLED:
"HOMELESS SOCIAL SERVICES FUND 2000/01" AND
APPROPRIATING FUNDS IN THE AMOUNT OF $144,000,
CONSISTING OF A GRANT FROM THE MIAMI-DADE
DEPARTMENT OF HUMAN SERVICES, ALLIANCE FOR HUMAN
SERVICES, FOR GENERAL SOCIAL SERVICES TO HOMELESS
PERSONS LOCATED IN THE CITY OF MIAMI; AUTHORIZING THE
CITY MANAGER TO ACCEPT SAID GRANT AND EXECUTE ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
92 9/14/00
C�
J
was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
93 9/14/00
25. FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED:
"VIRGINIA KEY BEACH PARK PRESERVATION PLAN FUND"; APPROPRIATING $25,000
CONSISTING OF GRANT FROM FLORIDA DEPARTMENT OF STATE, $12,500 AND MATCHING
FUNDS BY CITY FOR DEVELOPMENT OF PRESERVATION PLAN AT VIRGINIA KEY BEACH
PARK.
Vice Chairman Gort: Item 21. Ordinance to accept Virginia Key Preservation grant, twelve -five --
Commissioner Sanchez: So move. It's a grant.
Commissioner Regalado:. Second.
Vice Chairman Gort: It's been moved and seconded.
Miriam Maer (Assistant City Attorney): Mr. Chairman, the amendment in this ordinance is that the
matching funds are not in in-kind services, and I will make that correction.
Vice Chairman Gort: They are not?
Ms. Maer: They are not in in-kind services.
Vice Chairman Gort: It has to be cash.
Commissioner Sanchez: It's got to be cash?
Ms. Maer: Yes.
Vice Chairman Gort: OK.
Ms. Maer: And the funds have been appropriated there from the Park (inaudible) Fund.
Vice Chairman Gort: OK, thank you.
Note for the Record: The Assistant City Attorney read the pending ordinance into the public
record by title only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE (PENDING)
94 9/14/00
•
E
was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
95 9/14/00
26. FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED:
"LUMMUS PARK HISTORIC STRUCTURE RESTORATION FUND" AND APPROPRIATING
$300,000 CONSISTING OF GRANT FROM FLORIDA DEPARTMENT OF STATE, $150,000 AND
MATCHING FUNDS FROM MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARK BOND FOR
HISTORIC RESTORATION WORK ON THE WAGNER HOMESTEAD AND FORT DALLAS
STRUCTURES LOCATED AT LUMMUS PARK.
Vice Chairman Gort: Item 22. Ordinance to accept Lummus Park Preservation grant of a hundred and
fifty thousand dollars ($150,000), matching funds from the City, making it a total of three hundred
thousand.
Commissioner Winton: So move.
Commissioner Sanchez: Second.
Note for the Record: The Assistant City Attorney read the pending ordinance into the public
record by title only.
Walter Foeman (City Clerk): Roll call. .
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A SPECIAL REVENUE FUND ENTITLED:
"LUMMUS PARK HISTORIC STRUCTURE RESTORATION FUND"
AND APPROPRIATING FUNDS IN THE AMOUNT OF $300,000
CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT
OF STATE, DIVISION OF HISTORICAL RESOURCES, IN THE
AMOUNT OF $150,000 AND MATCHING FUNDS IN THE AMOUNT
OF $150,000 FROM THE MIAMI -DARE COUNTY SAFE
NEIGHBORHOOD PARK BOND FOR HISTORIC RESTORATION
WORK ON THE WAGNER HOMESTEAD AND FORT DALLAS
STRUCTURES LOCATED AT LUMMUS PARK; AUTHORIZING
THE CITY MANAGER TO ACCEPT SAID GRANTS AND EXECUTE
THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
96 9/14/00
was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
97 9/14/00
0
27. DEFER CONSIDERATION OF PROPOSED AMENDMENT TO CITY CODE BY
ESTABLISHING NEW `BISCAYNE BOULEVARD ARENA SPECIAL VENDING `DISTRICT"' FOR
AN AREA PROXIMATE TO AMERICAN AIRLINES ARENA.
Commissioner Sanchez: Item 23.
Vice Chairman Gort: Item 23, Biscayne Special Vending District.
Commissioner Sanchez: So move.
Commissioner Winton: I'd like to defer this item.
Commissioner Teele: Second the motion.
Vice Chairman Gort: You move? What was the motion?
Commissioner Winton: To defer.
Vice Chairman Gort: OK. Until when?
Commissioner Winton: Well, I think I need to -- and it's my apologies. I didn't -- with this week going
on, I haven't had a chance. So I'd like to meet with staff and understand this better.
Vice Chairman Gort: OK.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I'd also ask that staff meet with me on this. I was going to raise some questions on
it. Let me tell you, I think you really make redevelopment harder when you -- You know, I went through
this with the flower vendors and got a full indoctrination on how this vendor system really works. You
kill the established businesses that pay taxes if you open up an area and make a vendor area for anybody
just coming in, and stopping and rolling on. So, I mean, I'd really like to try to understand this, and to get
some studies on this, and to get some consultation on this, as well.
Vice Chairman Gort: Well, we'll defer it, but for your understanding, we've had a lot of problems in the
past, and we're finally working together with the vendors and ourselves and DDA (Downtown
Development Authority). And we came up with an ordinance, and it really could control- that a little bit
more. So -- but I think it's -- you should be aware of what that ordinance concerns.
Commissioner Teele: But Mr. Chairman, you know, what you're making -- what you're suggesting, that
you want to open this area to vendors and --
Vice Chairman Gort: Right.
98 9/14/00
&
Commissioner Teele: That's a policy question.
Vice Chairman Gort: I think you need to have the --
Commissioner Teele: That's a real policy question.
Vice Chairman Gort: You need staff to come to you and explain to you the reasons why and so on. OK?
Motion to defer. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you. ..
The following motion was introduced by Commissioner Winton, who moved for its adoption:
MOTION NO. 00-764
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 23
(RELATING TO SIDEWALK AND STREET VENDING; PROPOSED
AMENDMENT TO CHAPTER 39 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY ESTABLISHING A NEW
`BISCAYNE BOULEVARD ARENA SPECIAL VENDING
"DISTRICT" FOR AN AREA PROXIMATE TO' THE AMERICAN
AIRLINES ARENA), IN ORDER THAT COMMISSIONERS WINTON
AND TEELE MAY MEET WITH STAFF AND UNDERSTAND THIS
ISSUE BETTER.
Upon,being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
99 9/14/00
28. ACCEPT RECOMMENDATION OF MANAGER TO APPROVE FINDINGS OF
EVALUATION COMMITTEE THAT MOST QUALIFIED FIRMS, IN RANK ORDER ARE: 1)
BARRETT AND ASSOCIATES, INC., (BAA); 2) SHL LANDY JACOBS, INC., (SHL -LJ); AND 3)
SHELDON ZEDECK, INC., (SZI), TO ADMINISTER PROMOTIONAL EXAMINATION
PROCESSES FOR CLASSIFICATIONS OF CHIEF FIRE OFFICER, FIRE CAPTAIN, AND FIRE
LIEUTENANT FOR DEPARTMENT OF HUMAN RESOURCES $228,872.50; ALLOCATING
FUNDS FROM DEPARTMENT OF FIRE -RESCUE GENERAL OPERATING BUDGET.
Vice Chairman Gort: Item 24 has been withdrawn. Item 25. Approving the final selection committee for
RFP (Request for Proposals) 99-00-113. Test development administration implementation scoring.
Commissioner Sanchez: So move.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and it's been seconded.
Commissioner Sanchez: Mr. Chairman, just one piece of advice. I think we've learned from our mistakes
in the past with other promotional exams. I mean, not with the Fire Department, but I believe with the
City of Miami Police Department. One is that the City makes sure that it conducts a due diligence on this
business. The other one is to make sure that it has the proper credentials, and make sure that they have
liability.
Angela Bellamy (Director, Human Resources): We've done all of those, Commissioner.
Vice Chairman Gort: I'm sorry. You are?
Ms. Bellamy: I am Angela Bellamy, Director of the Department of Human Resources.
Vice Chairman Gort: Thank you. I don't want Mariano to come here and tell me you didn't say it. OK.
Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
100 9/14/00
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-765
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE RECOMMENDATION OF THE CITY MANAGER APPROVING
THE FINDINGS OF THE SELECTION COMMITTEE FOR REQUEST
FOR PROPOSALS NO. 99-00-113 THAT THE MOST QUALIFIED
FIRMS TO PROVIDE AND ADMINISTER THE PROMOTIONAL
EXAMINATION PROCESSES FOR THE CLASSIFICATIONS OF
CHIEF FIRE OFFICER, FIRE CAPTAIN, AND FIRE LIEUTENANT
FOR THE DEPARTMENT OF HUMAN RESOURCES ARE, IN RANK
ORDER: 1) BARRETT AND ASSOCIATES, INC. ("BAA"); 2) SHL
LANDY JACOBS, INC. ("SHL -LJ"); AND 3) SHELDON ZEDECK,
INC. ("SZI" ); AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH BAA, THE FIRST -
RANKED FIRM, FOR AN INITIAL PERIOD OF ONE YEAR, WITH
THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR
PERIODS; AT AN ESTIMATED TOTAL COST NOT TO EXCEED
$228,872.50 DURING THE INITIAL AND EXTENDED PERIODS OF
SAID AGREEMENT; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT
WITH SHL -LJ AND THEN SZI, RESPECTIVELY, IN THE EVENT A
FAIR, COMPETITIVE AND REASONABLE AGREEMENT CANNOT
BE NEGOTIATED AND EXECUTED WITH BAA; ALLOCATING
FUNDS THEREFOR FROM THE GENERAL OPERATING BUDGET
OF THE DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NO.
001000.280601.6.270.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
101 9/14/00
29. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE
ACQUISITION OF 500 CS GAS CANISTERS FOR POLICE DEPARTMENT FROM SRT SUPPLY,
$12,900; ALLOCATING FUNDS FROM GENERAL OPERATING BUDGET OF POLICE
DEPARTMENT.
Vice Chairman Gort: Item 26. Emergency purchase of CS --
Commissioner Sanchez: CS Canisters.
Commissioner Teele: Is that a ratification? Ratifying?
Vice Chairman Gort: Yes.
Commissioner Teele: So move, Mr. Chairman.
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.
102
9/14/00
0 0
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-766
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5TH') AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES AND
APPROVING THE ACQUISITION OF 500 CS GAS CANISTERS FOR
THE POLICE DEPARTMENT FROM SRT SUPPLY, IN AN AMOUNT
NOT TO EXCEED $12,900; AND ALLOCATING FUNDS THEREFOR
FROM THE GENERAL OPERATING BUDGET OF THE
DEPARTMENT OF POLICE, ACCOUNT CODE NO.
001000.290201.6.722, 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 Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
103 9/14/00
u
30. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVE EMERGENCY
PURCHASE OF LATENT PRINT EXAMINATION SERVICES FOR POLICE DEPARTMENT FROM
FOUR PRE -QUALIFIED CANDIDATES, $9,500; ALLOCATING FUNDS FROM "POLICE GENERAL
OPERATING BUDGET.
Vice Chairman Gort: Emergency for the provision of latent print examination services.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved, seconded. 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. 00-767
A RESOLUTION (PENDING)
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
104 9/14/00
31. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVE
ACQUISITION OF REPAIR SERVICES AND REPLACEMENT PARTS FOR AIR CONDITIONING
UNIT AT CENTRAL HEADQUARTERS BUILDING OF DEPARTMENT OF POLICE, FROM
TEMPTROL AIR CONDITIONING, INC., $8,049.92; ALLOCATING FUNDS FROM GENERAL
OPERATING BUDGET OF POLICE DEPARTMENT.
Vice Chairman Gort: A resolution ratifying the City Manager's action of emergency purchase of repairs
of the air conditioning unit at the police station.
Commissioner Winton: So move.
Commissioner Sanchez: Second.
Vice Chairman Gort: Well, I don't know. I have doubts on this. I won't approve anything until they
finish the gym. OK. Any further discussion? All in favor, state it -- yes.
Commissioner Regalado; No. Just, Mr. Manager, please, about the air conditioning, it's very hot, at least
in my office, I guess, and we keep calling, but no one responds.
Carlos Gimenez (City Manager): We'll get it fixed. We'll get it fixed.
Commissioner Regalado: Before Christmas?
Mr. Gimenez: I didn't say when, but we'll get it fixed. And by Christmas --
Vice Chairman Gort: Wait a minute.
Commissioner Regalado: I'm just saying I know how the City is. Before Christmas, please.
Mr. Gimenez: By Christmas, it'll just seem like it's fixed.
Commissioner Regalado: Yeah, right.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
105 9/14/00
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-768
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5 T11) AFFIRMATIVE VOTE, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES, AND
APPROVING THE ACQUISITION OF REPAIR SERVICES AND
REPLACEMENT PARTS FOR THE AIR CONDITIONING UNIT AT
THE CENTRAL HEADQUARTERS BUILDING OF THE
DEPARTMENT OF POLICE, FROM TEMPTROL AIR
CONDITIONING, INC., IN AN AMOUNT NOT TO EXCEED
$8,049.92; ALLOCATING FUNDS THEREFOR FROM THE
GENERAL OPERATING BUDGET OF THE DEPARTMENT OF
POLICE, ACCOUNT CODE NO. 001000.290201.6.670, 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 Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
106 9/14/00
32. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVE
ACQUISITION OF FOOD FOR MOBILIZATION OF POLICE OFFICERS DURING ELIAN
GONZALEZ DEMONSTRATIONS, FOR DEPARTMENT OF POLICE, FROM HECTOR
LOPETEGUI, $20,000; ALLOCATING FUNDS FROM POLICE GENERAL OPERATING BUDGET.
Vice Chairman Gort: Item 29. A resolution ratifying the City Manager's actions, emergency purchase of
food.
Commissioner Teele: So move.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Any discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: He has been paid already, correct?
Vice Chairman Gort: Yes.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-769
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-
FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES, AND
APPROVING THE ACQUISITION OF FOOD FOR THE
MOBILIZATION OF POLICE OFFICERS DURING THE ELIAN
GONZALEZ DEMONSTRATIONS, FOR THE DEPARTMENT OF
POLICE, FROM HECTOR LOPETEGUI, IN AN AMOUNT NOT TO
EXCEED $20,000; ALLOCATING FUNDS THEREFOR FROM THE
POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
00 1000.290201.6.7 10, FOR SAID PURPOSE.
(Here follows.body of the resolution, omitted here and on file in the Office of the City Clerk.)
107 9/14/00
•
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
108 9/14/00
33. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVE EMERGENCY
PURCHASE FOR CONTINUED PROVISION OF FUEL FROM MIAMI-DADE COUNTY FOR
POLICE DEPARTMENT, $229,632; ALLOCATING FUNDS FROM POLICE GENERAL
OPERATING BUDGET.
Vice Chairman Gort: Item 30. Emergency purchase of fuel.
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: 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 Winton, who moved for its adoption:
RESOLUTION NO. 00-770
A RESOLUTION (PENDING)
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
109 9/14/00
0 .0
34. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVE EMERGENCY
PURCHASE OF A 2001 DODGE 1500 4X2 PICKUP TRUCK WITH OPTIONS, FROM MAROONE
DODGE, FOR POLICE DEPARTMENT'S JUVENILE INVESTIGATIONS UNIT, $19,019;
ALLOCATING FUNDS FROM STOP ACTIVE VANDALISM EVERYWHERE (SAVE) GRANT.
Vice Chairman Gort: Item 31. Emergency purchase of pickup truck for the Police Department.
Commissioner Teele: Why did you have to do this as an emergency, Mr. -- You know, you know, this
whole Agenda -- somebody -- Mr. Clerk or Mr. Manager, somebody tell me, how many emergency
procurements are on this Agenda that we have today? I mean, we must be up to about 10 or 12, 15 at this
point. Why does this have to be an emergency? Rhetorically, let me just say this: An emergency should
be an emergency. You all have the right to lease this equipment from Bottom Dollar or You Wreck, or,
you know, Rent -A -Wreck or wherever you all lease cars from, and just put this through a normal
procurement process. Why does everything have to be an emergency?
Raul Martinez (Chief of Police): Commissioner, if you'd allow me to explain. This is a grant. We got
the --
Commissioner Teele: "Como se llama?"
Vice Chairman Gort: Excuse me. Your --
Chief Martinez: Raul Martinez, Chief of Police. This is a grant we got from the Federal Government.
The money runs out September 30t". This was bidded out initially to another vendor, and the vendor at the
last minute told us that they could not sell us the van --
Commissioner Teele: Very good answer. Very good answer.
Vice Chairman Gort: OK. Any further discussion?
Commissioner Sanchez: I have another question. Why a pickup truck?
Chief Martinez: This pickup truck will be used for our anti -graffiti operations, to paint out through the
communities.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye.
The Commission (Collectively): Aye.
Walter Foeman (City Clerk): Mr. Vice Chair, we need a movant and a seconder.
Commissioner Teele: I move it.
Commissioner Sanchez: Second.
110 9/14/00
C]
C�
Vice Chairman Gort: It's been moved and -- OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-771
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5 THS) AFFIRMATIVE VOTE OF THE MEMBERS OF TH
CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS, AND AUTHORIZING THE
EMERGENCY PURCHASE OF A 2001 DODGE 1500 4X2 PICK-UP
TRUCK WITH OPTIONS, FROM MAROONE DODGE, FOR THE
POLICE DEPARTMENT'S JUVENILE INVESTIGATIONS UNIT, IN
AN AMOUNT NOT TO EXCEED $19,019; ALLOCATING FUNDS
THEREFOR FROM THE STOP ACTIVE VANDALISM
EVERYWHERE ("SAVE") GRANT, ACCOUNT CODE NO.
142027.290519.6.840.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
111 9/14/00
35. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE ACQUISITION OF
SERVICES FROM FLORIDA LEMARK CORP., FOR REPAIRS AT MIAMARINA AT BAYSIDE;
INCREASING AMOUNT OF CURRENT CONTRACT WITH FLORIDA LEMARK CORP., FOR
CONSTRUCTION; $17,553; $7,053 FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT,
PUBLIC WORKS PROJECT H -1014E, AND $10,500 FROM MIAMARINA AT BAYSIDE.
Vice Chairman Gort: Thirty-two. Emergency waiver. A resolution to -- emergency repair of Miamarina
at Bayside.
Christina Abrams (Director, Public Facilities): This is to repair a broken sidewalk along the bay, and also
to complete the refurbishment of the bathrooms and restrooms.
Commissioner Teele: So move.
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 following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-772
A RESOLUTION (PENDING)
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
112 9/14/00
Vice Chairman Gort: Thirty-three. A --
Commissioner Teele: Mr. Chairman, you know, again, is this a ratification? Does it say that?
Alejandro Vilarello (City Attorney): It's a ratification of the Manager's actions.
Commissioner Teele: Does it say that it's a ratification?
Mr. Vilarello: Yes. It's a resolution ratifying the City Manager's actions.
Commissioner Teele: Number 32?
Mr. Vilarello: Yes, sir.
Commissioner Teele: Well, the subject, the subject is a little misleading. The word, "ratification," should
be in the subject of the memo.
Mr. Vilarello: The resolution includes it, but the cover memo apparently does not.
Commissioner Teele: Again, you know, this is the thing where we are a landlord, and government does a
-- is a very awkward way to run a private sector business. And I commend you all for going ahead and
doing it. And I want you to know that I'm going to always support -- I mean, you cannot wait through the
normal procurement process when you're running an operation like a boatyard or these kinds of things.
The concern that I have, Mr. Attorney, and I'm going to raise this rhetorically, is that I really do think that
these ratifications and these emergency procurements should come to us in a timely manner. Now,
"What's timely?" is the question. I would like for you and the Manager to consider that, because I would
like to require that these ratifications come to us in a specified time period by ordinance. And what I'm
saying is this: You all did this back in March or --
Ms. Abrams: March.
Commissioner Teele: March. And that's just; I think, a long time to let us know that you're doing it. I
mean -- and I don't mean to pick on you, and I'm not picking on you: But I just think that we need to try
to get the system to say, if we're going to do it, because, you know, we want to -- we want you to do it
right, and we want to do it right. But we don't want you to hide something. Not one of -- this is it. But
this presents an opportunity for somebody to hide something and then give it to us at a point that we can't
do anything but. So.
Ms. Abrams: Commissioner, after the last Commission meeting, we also had an emergency item. You
made the same point. What we're trying to do is clean them all up, get them all done, so that we can start
new. Thank you.
Vice Chairman Gort: Yeah, but I think what the Commissioner is saying is something takes place in
March, that should be in the next Commission agenda, next month.
Commissioner Winton: Right.
113 9/14/00
0
Vice Chairman Gort: I mean, there's no reason why we have to wait four months for you to bring it to us.
Ms. Abrams: True.
Carlos Gimenez (City Manager): I hear you.
Commissioner Teele: Thank you.
114 9/14/00
36. TABLE: APPOINTMENTS FOR CIVIL SERVICE BOARD (See #48).
TABLE: DISCUSSION ON PROPOSED NEWS RACK ORDINANCE.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: I have to leave to do the TV program. I respectfully request that you defer to
the afternoon Item 44, the Civil Service Board.
Vice Chairman Gort: Well, I'm sure we're not going to get there.
Commissioner Regalado: OK.
Commissioner Regalado: OK.
Vice Chairman Gort: Thank you. Have we voted on this? Have we voted on the emergency?
Walter Foeman (City Clerk): I think so, yes.
Vice Chairman Gort: Yes. OK.
Commissioner Regalado: Also, also, Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: We are supposed to have a discussion on the news racks ordinance. If you all
are going to do that, I don't --
Vice Chairman Gort: Is it your item?
Commissioner Regalado: No, it is not, it is not. But I'd asked it to be brought to this Commission. But I
don't have to be here. I think that the administration and the different entities have an understanding.
And there's not going to •be a final decision today, so I don't have any problem at all if you all want to
discuss it. But I'm just saying that, you know, as a courtesy to the people that are here, if you all want to
discuss it. But I really have to leave now.
Vice Chairman Gort: Thank you, Commissioner Regalado.
115 9/14/00
37. REINSTATE RESOLUTION NO. 00-86, WHICH ACCEPTED PLAT, ENTITLED "CHURCH
OF THE OPEN DOOR"; EXTEND FOR 60 DAYS TIME IN, WHICH PLAT MUST BE RECORDED.
Vice Chairman Gort: Thirty-three. Item 33, a resolution rescinding the plat of the Church of the Open
Door.
John Jackson (Director, Public Works): Yes. John Jackson, Director of Public Works.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Second. Further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-773
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING
RESOLUTION NO. 00-86, ADOPTED JANUARY 27, 2000, IN ITS
ENTIRETY, WHICH ACCEPTED THE PLAT ENTITLED "CHURCH
OF THE OPEN DOOR," A PROPOSED SUBDIVISION IN THE CITY
OF MIAMI, FLORIDA.
(Here follows body of the resolution, omitted here and on Pile in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the .resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Note for the Record: Commissioner Regalado exited the Commission Chamber at 11:44 a.m.
Vice Chairman Gort: Item 35. A resolution --
116 9/14/00
0
Hosea Butler, Jr.: Mr. Chairman.
Vice Chairman Gort: -- professional services agreement with William Mercer.
Commissioner Teele: Did we just do them in? Mr. Chairman, I need to hear from the minister -- I mean
from the representative of the church.
Mr. Butler: Yes. I was told that my --
Vice Chairman Gort: Name and address, please, sir.
Mr. Butler: Oh, yes. Hosea Butler, 6517 Northwest 201 Terrace, Hialeah. I was scheduled to speak to
this question, to ask for an extension of 30 days and explain why we made those arrangements. And I'm
sorry I didn't hear you when you passed it. May I speak, sir?
Vice Chairman Gort: Sure.
Mr. Butler: We ran into a few delays with the Water Department, getting some items cleared. But all the
items are now cleared, and we are ready to file the plat. And we're just asking for you to extend it
sufficiently for those actions to take place.
Vice Chairman Gort: OK. Mr. Jackson, is there any problem with an extension?
John Jackson (Director, Public Works): No, sir, no problem.
Commissioner Teele: I would move to reconsider the motion that previously passed.
Vice Chairman Gort: There's a motion to reconsider the motion.
Commissioner Winton: Second.
Vice Chairman Gort: Second. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-774
A MOTION TO RECONSIDER THE VOTE TAKEN ON R-00-773
(RESCIND RESOLUTION 00-86 WHICH ACCEPTED THE PLAT
ENTITLED "CHURCH OF THE OPEN DOOR," A PROPOSED
SUBDIVISION OF THE CITY OF MIAMI, FLORIDA).
117 9/14/00
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
Mr. Vilarello: I'm sorry --
Commissioner Teele: Move to grant the additional time -- what's the maximum amount of time --
Mr. Butler: Thirty days.
Commissioner Teele: All right. Sixty days. Move 60 days extension.
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.
Mr. Butler: Thank you very much.
Vice Chairman Gort: Thank you.
118
9/14/00
r,
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-775
A RESOLUTION OF THE MIAMI CITY COMMISSION
REINSTATING RESOLUTION NO. 00-86, BY WHICH
RESOLUTION THE CITY COMMISSION ACCEPTED THE PLAT
ENTITLED "CHURCH OF THE OPEN DOOR," A PROPOSED
SUBDIVISION OF THE CITY OF MIAMI, FLORIDA, AND
MODIFYING SAID RESOLUTION BY EXTENDING FOR A
PERIOD OF SIXTY (60) DAYS FROM THE DATE OF THE
ADOPTION OF THIS RESOLUTION THE TIME IN WHICH THE
PLAT MUST BE RECORDED IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
(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: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
119 9/14/00
38. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH FINANCIAL RECOVERY,
INC., FOR PROVISION OF DEBT COLLECTION SERVICES FOR AN AMOUNT NOT TO EXCEED
15% OF FINANCIAL RECOVERY'S COLLECTIONS.
Vice Chairman Gort: Item 35.
Commissioner Winton: Thirty-four.
Vice Chairman Gort: OK. They removed 34 already? Oh, 34. Sorry. Financial Recovery Inc., debt
collection services.
Marva Wiley (City Manager's Office): Marva Wiley, special assistant to the City Manager. At a prior
Commission meeting, the Commission awarded a portion of the contract to Penn (phonetic) Credit
Corporation and required that Administration negotiate with the second -rank firm, who is local, for the
same -- substantially the same terms and conditions that had been done, and now it is before you for
review and approval.
Commissioner Teele: So move, Mr. Chairman.
Alejandro Vilarello (City Attorney): Mr. Chairman.
Vice Chairman Gort: Yes.
Mr. Vilarello: The Agenda and the resolution indicate compensation to the firm of five percent. In fact,
that would be 15 percent. And that is the same as the compensation to the firm that you approved at the
last meeting.
Commissioner Teele: So move with the amendment.
Commissioner Winton: I didn't understand that.
Commissioner Sanchez: So it's 15 percent?
Ms. Wiley: Yes, 15 percent.
Commissioner Winton: I don't get it. Explain what's going on.
Ms. Wiley: There was a typo. It reflects five percent, when it should, in fact, reflect 15 percent of
collection.
Commissioner Sanchez: I was going to say, why just five percent? So it's 15 percent.
Ms. Wiley: Yes.
Commissioner Winton: Man, I'm slow here.
120 9/14/00
Commissioner Teele: The first -ranked firm already has an agreement with us, right?
Ms. Wiley: Yes.
Commissioner Teele: We're paying them 15 percent.
Ms. Wiley: Yes, we are.
Commissioner Teele: The second -ranked firm, which you have negotiated with, the local firm, you're
giving them the same deal, as --
Ms. Wiley: Exactly.
Commissioner Teele: OK.
Commissioner Sanchez: OK.
Commissioner Winton: I understand now. Thank you.
Vice Chairman Gort: OK?
Commissioner Teele: Call the question.
Vice Chairman Gort: Any further discussion?
Commissioner Sanchez: None.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
121 9/14/00
11
0
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-776
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH FINANCIAL RECOVERY, INC., THE SECOND
RANKED FIRM, SELECTED AS A RESULT OF THE COMPETITIVE
SELECTION PROCESS, FOR DEBT COLLECTION SERVICES FOR
THE DEPARTMENT OF FINANCE, FOR A PERIOD OF TWO (2)
YEARS WITH THE OPTION TO EXTEND FOR THREE (3)
ADDITIONAL ONE YEAR PERIODS, WITH COMPENSATION FOR
SAID SERVICES NOT TO EXCEED FIFTEEN PERCENT (15%) OF
THE REVENUES COLLECTED BY FINANCIAL RECOVERY, INC.
(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: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Winton: Mr. Chairman, are we trying to keep Jack and Marylou in the dark, or are they
hiding from us? We turned the lights off? You know, I'm nervous about those two back there in the dark.
Vice Chairman Gort: Tell me about it. Tell me about it.
Commissioner Winton: I'm not sure what's going to be going on.
122 9/14/00
•
39. ACCEPT RECOMMENDATION OF MANAGER TO APPROVE FINDINGS OF
EVALUATION COMMITTEE THAT MOST QUALIFIED FIRMS IN RANK ORDER ARE: 1)
WILLIAM M. MERCER, INC.; AND 2) ACTUARIAL SCIENCES ASSOCIATES, INC., (ASA), TO
PROVIDE ACTUARIAL SERVICES FOR OFFICE OF LABOR RELATIONS; AUTHORIZE
MANAGER TO NEGOTIATE AN AGREEMENT WITH TOP RANKED FIRM, WILLIAM M.
MERCER, INC., $45,000; ALLOCATING FUNDS FROM PENSION ADMINISTRATION TRUST
FUND.
Vice Chairman Gort: Resolution of professional services agreement, William M. Mercer.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Sanchez: That's what? Thirty-six?
Vice Chairman Gort: Thirty-five.
Commissioner Teele: Thirty-five.
Vice Chairman Gort: Do I have a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion. Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
123 9/14/00
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-777
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE RECOMMENDATION OF THE CITY MANAGER APPROVING
THE FINDINGS OF THE EVALUATION COMMITTEE THAT THE
MOST QUALIFIED FIRMS TO PROVIDE ACTUARIAL SERVICES
FOR THE OFFICE OF LABOR RELATIONS ARE, IN RANK ORDER:
1) WILLIAM M. MERCER, INC. ("WMM"), AND 2) ACTUARIAL
SCIENCES ASSOCIATES, INC. ("ASA"); AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH WMM,
THE FIRST -RANKED FIRM, FOR A PERIOD OF TWO YEARS,
WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-
YEAR PERIODS, AT AN ANNUAL COST NOT TO EXCEED
$45,000.00; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AN AGREEMENT WITH ASA, IN THE
EVENT A FAIR, COMPETITIVE AND REASONABLE AGREEMENT
CANNOT BE NEGOTIATED AND EXECUTED WITH WMM;
ALLOCATING FUNDS THEREFOR FROM THE PENSION
ADMINISTRATION TRUST FUND, ACCOUNT CODE NO.
681001.440101.6.270.
(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: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT:. Commissioner Tomas Regalado
124 9/14/00
40. AUTHORIZE DIRECTOR OF FINANCE TO PAY $40,000 FOR CASE OF ABDEL HAKIM
SAHIH VS. CITY OF MIAMI; ALLOCATING FUNDS FROM SELF-INSURANCE AND
INSURANCE TRUST FUND.
Vice Chairman Gort: Thirty-seven.
Commissioner Sanchez: Thirty-six. So move, based on the recommendation of the City Attorney.
Commissioner Teele: 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. 100-778
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ABDEL
HAKIM SAHIH, WITHOUT ADMISSION OF LIABILITY, THE SUM
OF $40,000, IN FULL AND COMPLETE SETTLEMENT OF ANY
AND ALL CLAIMS AND DEMANDS 'AGAINST THE CITY OF
MIAMI, FOR THE CASE ABDEL HAKIM SAHIH VS. CITY OF
MIAMI, IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, CASE NO. 97 -17287 -CA (30),
UPON THE EXECUTION OF A GENERAL RELEASE RELEASING
THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS,
AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND
DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO.
515001.624401.6.651.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
125 9/14/00
E
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
126 9/14/00
41. AUTHORIZE DIRECTOR OF FINANCE TO PAY $40,000 FOR CASE OF JUANA MELO VS.
CITY OF MIAMI ALLOCATING FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST
FUND.
Vice Chairman Gort: Thirty-seven.
Commissioner Sanchez: So move, based on the recommendation of the City Attorney.
Commissioner Teele: 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 resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO: 00-779
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JUANA
MELO, WITHOUT ADMISSION OF LIABILITY, THE SUM OF
$40,000, IN FULL AND 'COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI,
FOR THE CASE, JUANA MELO VS. CITY OF MIAMI, IN THE
ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CASE NO. 99 -24088 -CA (11), UPON THE
EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF
MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND
EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS THEREFOR FROM THE SELF-INSURANCE
AND INSURANCE TRUST FUND, INDEX CODE NO.
515001.624401.6.651.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
127 .9/14/00
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
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42. APPROVE ASSIGNMENT OF CITY COMMERCIAL SOLID WASTE NON-EXCLUSIVE
FRANCHISE AGREEMENT BETWEEN CITY AND LIBERTY RECYCLING CORPORATION TO
PANZARELLA WASTE SERVICES., D/B/A PANZARELLA COMPANIES, LLC.
Vice Chairman Gort: Thirty-eight. A request for approval for commercial solid waste non-exclusive
franchise with Liberty -- This is a change of contract. Yes.
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion. The individuals understand that they have to comply with all the
contracts, existing contracts and so on.
Fred Hobson (Assistant Director, Solid Waste): Yes, they are.
Vice Chairman Gort: Your name.
Mr. Hobson: Fred Hobson. Assistant Director, Solid Waste.
Vice Chairman Gort: Thank you, sir.
Commissioner Teele: Is there a representative of the company here?
Mr. Hobson: No, sir.
Commissioner Teele: Liberty?
Mr. Hobson: No, they're not.
Commissioner Teele: Is the -- is the -- Are they up to date on all their fees?
Mr. Hobson: Yes, they are.
Commissioner Teele: All right.
Commissioner Sanchez: And they meet all terms and obligations.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
129 9/14/00
•
11
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-780
A RESOLUTION OF THE CITY OF MIAMI COMMISSION
APPROVING THE ASSIGNMENT OF THE CITY OF MIAMI
COMMERCIAL SOLID WASTE NON-EXCLUSIVE FRANCHISE
AGREEMENT BETWEEN THE CITY ' OF MIAMI AND LIBERTY
RECYCLING CORPORATION TO PANZARELLA WASTE
SERVICES, D/B/A PANZARELLA COMPANIES, LLC,
CONTINGENT UPON SUBMISSION OF ALL SUPPORTING
DOCUMENTS REQUIRED BY THE NON-EXCLUSIVE FRANCHISE
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: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
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43. (A) TABLED: IMPOSE SOLID WASTE. ASSESSMENTS AGAINST ASSESSED
PROPERTY LOCATED WITHIN CITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2000 (See
#68).
(B) DIRECTION BY COMMISSIONER SANCHEZ TO CREATE .COMMITTEE TO
CONDUCT NATIONAL STUDY IN CONNECTION WITH MUNICIPAL SOLID WASTE PICKUP
PLANS AND COME BACK TO COMMISSION IN 60-90 DAYS WITH RECOMMENDATION FOR
MORE COST -EFFECTIVE PLAN FOR DEPARTMENT OF SOLID WASTE TO REDUCE $325
CHARGE FOR GARBAGE PICKUP AND ADDRESS ISSUE OF ILLEGAL DUMPING (See #68).
(C) DIRECTION BY COMMISSIONER TEELE TO PROVIDE COMMISSION WITH
CHART REGARDING TIPPING FEES OVER PAST FIVE YEARS (See #68)..
Vice Chairman Gort: Thirty-nine. Proposed resolution of solid waste assessment.
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Second.
Commissioner Sanchez: For the purpose of discussion.
Vice Chairman Gort: Discussion.
Commissioner Sanchez: This is the increase of the solid waste from the two forty-five to the three
hundred and twenty-five. And I want to make it very clear that I supported it when I voted on the issue
based on the information provided to me by the administration and the information that was provided to
us. However, after reviewing all the information and the numbers -- and I was very concerned that
somewhere along the way, there was a mishap. And I don't think the City did it, but probably the County
did it, where there was left out the increase in the bills going out. Instead of being two forty-five, it was
still at one sixty-eight. Apparently, the County did not allow the City to proceed by placing that amount
on the bill. The hundreds of calls that I have gotten --
Commissioner Teele: Say that again?
Commissioner Sanchez: The bill, the bill that came out, instead of saying two forty-eight -- what the
County sends you -- instead of saying two forty-five, it said the past amount which was one eight -six or
one sixty-eight. What was the amount that we had previous?
Carlos Gimenez (City Manager): For solid waste?
Commissioner Sanchez: Yes.
Mr. Gimenez: Solid waste was -- I remember something like two hundred and thirty-four.
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•
Commissioner Sanchez: Two thirty-four. But that was not the amount on the bills. And I wish I would
have had one now. Apparently -- did the County allow you to -.-
Mr. Gimenez: I think originally, it was like two twenty, and then there was a supplemental that was
mailed out like in April, and that increased it by*eighteen dollars ($18). And then it should have gone to
three twenty-five.
Commissioner Sanchez: But it was not on the County bill. The County bill did not have the two fifty-
four. No, it did not.
Alejandro Vilarello (City Attorney): You're correct. I'm shaking my head.
Commissioner Sanchez: Oh. Oh, OK.
Mr. Vilarello: The last -- on the tax bill last year, it did not include the entire amount. There was a
supplemental bill that was issued, as the Manager said, last April for an additional eighteen dollars ($18)
or so.
Commissioner Sanchez: OK.
Mr. Gimenez: So the original -- on your original trim, they would not have had that supplemental. That
was billed separately. The new trim should have had three twenty-five.
Commissioner Sanchez: Well, let me get to where I'm trying to get at here. The argument that I'm going
to be based on -- and I understand that it's not -- I'm going to.make'a recommendation that, hopefully,
this Commission would support it. And one is, during the process, lowering of the millage clearly benefits
the businesses and not the wealthy homeowners. That, after studying not only the people that I represent,
which is my district, which I looked at, I have a lot of triplexes in my district. Triplexes going up. You're
looking three twenty-five times three. I understand that more than four units can go into the private sector
and seek private solid waste pickup. Now, the impact that it has in my district, compared to the property
value -- and I'm not going to get into the increase, because we did lower our millage and we did raise our
garbage fee. But along -- the assessment went up on the County. The County raised the school. The
County raised the library. The County raised just about everything else. So based on the studies that I
have done in my district, and looking at the comparables, there is no fact to dispute that in my district, the
low-income taxpayers are going to be affected by this. I understand that in the past, we have shifted the
weight over to the big businesses that provide employment and revenue to our City. However, based on
the number of complaints that I've gotten, based on my constituents -- and I represent the people that put
me up here. I don't represent big business. I don't represent the City Manager. I don't represent the
Mayor. The concerns that I've gotten is that in the long run, a lot of people in my district are going to be
hurt. Now, being said that this Commission voted five to zero not long ago to increase the garbage fee
twenty dollars ($20) per year would have been a less impact than just raising the whole fee, which created
a major impact to the people that I represent. The recommendation that I want to make here is if we move
forth and we do decide to do this -- and this is, I think, to a lot of people, a good kick in the you know
what, to come up with "X" amount of numbers, three twenty-five from the two forty-five that was
projected. I would like to direct the City Manager to create a committee to study other municipalities'
solid waste pickup plans and come back with a recommendation to create a more cost-efficient solid waste
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plan that better suits our community. And I say this: The system that we get in the City is a Cadillac
system. No one could compare. And I'm not going to dispute the fact that what we're paying, we have a
tremendous system compared to what we're raising it now to three twenty-five, which the County pays.
The County, itself, provides you -- I believe it's one pickup a week.
Fred Hobson (Assistant Director, Solid Waste): No.
Commissioner Sanchez: Two pickups a week.
Mr. Hobson: Two garbage pickups.
Commissioner Sanchez: Two garbage pickups a week.
Mr. Hobson: And three pickups a year for trash.
Commissioner Sanchez: Per year. And other than that, you would have to, one; take it to a dumpsite,
which I believe that it's something that we should study. Well, a dumpsite, whatever it's called. Now,
here's what I've always said, transfer site. Here is something ' that I've always said, and it's been
supported by my colleagues. The service that we provide picking up once a week the heavy trash clearly
opens up the door for illegal dumping. And I tell you this much: In front of my house -- and I live in the
Roads -- I have gotten home sometimes, and I see -- I ask, "Who put that garbage out there?" It wasn't
either us or -- People are dumping illegal trash in our community, because they know we're going to pick
it up. Now, we need to come up -- and I'm trying to come up with a mediation that clearly would support
the raising of the garbage fee, if we could come up with some type of reduction, whether it be on service
to lower the cost. One is, I don't put out my garbage twicea week. I do it once, and we have four people
in the house -- my wife and my two children. I put my garbage out only on Fridays. So there's a day I
don't even use. We don't create that much trash. There may be other people that do create that much
trash. But the bottom line is, after reviewing all the information that I have -- and I know we count on
reducing the millage by raising our garbage fee -- the impact that it's going to have in my community, the
community that I represent, District 3, which are a lot of renters -- and no one is going to dispute the fact
here that if we raise the fire fee to a homeowner, what's going to happen is very simple. He's going to
raise his rent. And in the long run, like always, the people that are out there working for five fifty-five an
hour, whatever the minimum wage is now, are going to be the ones that are going to be affected. I know
there are times that one must make a decision based -- whether it be politically correct or leadership
correct. But I'll tell you one thing. In the long run, let's not forget who bailed us out of this mess we're
in. It's been the taxpayers in the City of Miami. They're the ones that are paying the fire fee today, that I
hope that someday soon, we will have the -- what we call the "C" word, to get -- take that away and get
done with it, because I think that now all the capital improvements --'and I'm not going to get into some
complaints that I've gotten from the fire -- some of the fire stations, which they look great and they
needed to be repaired for many, many years. But the bottom line is the people that are going to be
affected here in the long run are going to be the low-income taxpayers, no doubt about it. So once we're
done and my colleagues have the opportunity to express their concerns, and vote on this issue, I would
like my colleagues to support me on this, directing the City Manager to come up with a committee to
study more ways to, one, a more effective cost plan of solid waste, which I think will, one, reduce the
three twenty-five; and second, I think that it will help us combat the ongoing problem in our City of illegal
dumping.
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Commissioner Teele: Is that a "yes" or a "no" on the question? Huh?
Vice Chairman Gort: OK. Further discussion.
Commissioner Winton: Commissioner Sanchez.
Vice Chairman Gort: Well, I'll let you speak. Let the Commissioner speak. Is that OK?
Commissioner Winton: I think that your idea to have the Manager appoint a study committee to look at
nationally all the different methods for doing trash and garbage collection is a great idea, so that we can
look at all the alternatives and make an informed decision about whether or not we want to continue to
maintain Cadillac service, which is what we currently have and we have to pay for it, or whether we have
some other vehicle for providing service that might, frankly, be more efficient and less costly, and still get
the same job done, and reduce dumping. So I think it's a good idea. Seems to me that you ought to add
into that, though, a time frame for completing this study.
Commissioner Sanchez: What would you suggest, Commissioner?
Commissioner Winton: Mr. Manager, you know, is this something that should take 90 days, or 60 days or
120 days? I mean something in that range?
Commissioner Sanchez: It shouldn't take that long, because I tell you what, we have a great staff. Mr.
Clarence --
Commissioner Winton: No, no, it's not going to. get done before we approve the budget.
Commissioner Sanchez: Clarence Patterson is --
Commissioner Winton: Are you suggesting this is done -- that this decision be made prior to approval of
the budget?
Commissioner Sanchez: No, no, can't do that. I'll be after.
Commissioner Winton: Neither am I, because it can't get done that way. This is going to have -- you
know, the budget is going to have to be approved, and this is going to have to be implemented during the
course of the year.
Commissioner Sanchez: I suggest 60 days to 90 days.
Mr. Gimenez: I believe about 90 days.
Commissioner Sanchez: Ninety days?
Vice Chairman Gort: Gentlemen, my understanding is -- I've been requesting this for along time. I think
this is one of the ways to eliminate the illegal dumping. And the Commissioner is right. The reason that
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everybody dumps on the City of Miami is because, you know, they have the best service and it's going to
be picked up once a week. And that's something that we need to -- We also need to go to the residents. I
remember, in order to cut the cost of garbage, of sanitation, we used to have pickup in the back yards. We
eliminated that. When I first got elected, we put front pickup. And let me tell you, it raised a lot of
complaints from the residents, also. So we need to listen to them, also, in reducing the service that we're
providing. We have to make them aware of those things.
Mr. Vilarello: Mr. Chairman.
Vice Chairman Gort: Mr. Cruz.
Mariano Cruz: Mariano Cruz. 1227 --
Mr. Vilarello: Just one procedural issue. This was advertised to be heard after 5:05 today.
Vice Chairman Gort: I'm'sorry; we can't hear it until after 5. But I'm going to let you speak, sir
Mr. Cruz: No, what I'm going to say is I support Commissioner Sanchez about it have to be studied,
because there is no way that you, the Commission, can take anything the administration send down to you,
take it as the bible. Because, like I say, ninety-one dollars ($91) raise. That's about 40 percent increase.
That's going around the State law that says you can't increase property value more than three percent. So
with all these fees, you're going around all these laws. A ninety-one dollar ($91) is the same for a little
poor couple living in Allapattah or for Madonna's house here. It's by household. Doesn't have any
consideration how much garbage you produce, how many people, what those people making. It's about
seven sixty a month. For those people, seven sixty is just nothing. But for other people, seven sixty a
month is a lot of money, considering you're living on a.fixed income. So I consider that's a regressive
fee, which should be taxed from the millage, by state law. It shouldn't be those creative fee, garbage fee,
fire fee and all those, that, because that's going around the State law. It should be fair for everybody.
Increase on the property value they -- you pay more taxes. But half a mil to me is nothing. Twelve fifty.
OK? Madonna house is seven million dollars ($7,000;000). Half a mil is thirty-five hundred dollars
($3,500) a year. And then she pay ninety-one dollar ($91) increase. So it's not fair. It's a discriminatory
fee, that's what they doing. And you can do another thing. You can check, because you can just go now
to the yard there, and you can see maybe two police cars are being (inaudible) by a garbage truck. You
know, they got all those cars, everybody, because they save -- that in a way, they're using the monies in
the wrong way, because they're saving money in one place, and the money is being wasted in other places.
Go around and check. Don't take anything for granted that the administration sends you. Go around and
see. That list that's going around, people making over seventy-five thousand dollars ($75,000) a year.
See if they were making seventy-five thousand dollars ($75,000) or over in private industry. I don't think
so.
Vice Chairman Gort: Thank you. Yes.
Commissioner Sanchez: Mr. Chairman, if I could just -- Vice Chairman, if I could just add some other
things. One, it's very clear that no one here will sell their house at what it's appraised for. I don't think
anyone in this room would sell their house at what it's appraised for.
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Vice Chairman Gort: I would buy them all.
Commissioner Sanchez: OK? That's one. Now, this magical game with numbers that was put forth, not
by this administration, because the -- I believe the administration, the numbers that were given out. But I
think that we're going to have to educate the public. And it's very hard, because I've tried to sit down
with people, and you try to explain what's a millage and what percent goes to education, and what percent
goes to this. And let's just face it people are being taxed to the limit. They don't want to hear about tax.
I'm sure that anything that's put out there today that is one tenth of a penny, a penny for whatever it may
be, it is just not going to pass. Here are the facts that support my argument. A one hundred thousand
dollar ($100,000) home will pay seventy-two dollars ($72) under the proposal. A two hundred thousand
dollar ($200,000) home will pay thirty-nine dollars ($39), clearly a reduction. A three hundred thousand
dollar home ($300,000) -- I invite each and every one of you to. go to my district, and go to Commissioner
Teele's district, and go to Commissioner Tomas Regalado's district, and Willy Gort's district. You could
probably count the houses that are worth more than three hundred thousand dollars ($300,000). So who,
in the long run, is going to benefit here? Not the low-income people. And once you put that amount of
dollars, whichever it may be, because we could -- you know, we could disguise one number and bring it
down to 71, and take 20, and add four, and subtract six. And, you know, we could either -- There's two
types of experts. One is the expert that tells you how to do it, and the other one is the one that does it. A
consultant, all a consultant does is borrows your watch and tells you the time. And those are the concerns
that I have. I am here to represent my district, which has clearly sent a message to me that this City must
find another option to make this happen.
Commissioner Teele: I've heard two interesting observations. How do you know how much Madonna's
house cost? And so by your calculations, a half a mill -- Are you the guy that bid on the house with the
dog, on behalf of the dog? So I mean, Mr. Cruz makes -- buried in that discussion is a very good point,
and it's sort of the point that our colleague that's not with us, who always opposed taxes -- I mean who
always opposed fees and supported high taxes would make. You know, the problem here is threefold --
twofold. Number one, I guess the Attorney said this item really shouldn't come up until after 5 o'clock.
But, you know, the real problem here is this. And I, when I first got here, you know, this Commission had
voted for something I didn't even know what it was -- a fire fee. Then all of a sudden, there was a four to
one vote. I was the only one that voted for the fire fee only because the Commission had committed to do
it. Now, I mean, I think when you get down to budgets -- I mean, I've read Mayor Suarez' article, letters
to the editor, and he makes some valid points, and I commend him, I guess, for any point that he may
make that's valid. But, look; this is -- you know, this is a serious process. And the budget process is what
the Commission is all about. Everything else we do is sort of a luxury. But our role, many argue we'd be
better served if we had one meeting a month and not so much commissioning, because Commissioners,
legislative bodies are here essentially, constitutionally, by Charter to approve the budget. Our Charter
doesn't give us a whole lot of other specific, enumerated duties. I mean, our duties -- And so I'm really
concerned now, when we voted on these issues, and now we're getting down to the budget thing, because
this happened before. And that's what's kept us sideways with the Oversight Board, and that's one of the
reasons why the Oversight Board continues to say, well, the Commission doesn't have the courage to do
what is right. I would hope that we would not start flip-flopping around on these core budget issues,
because if, for example, we were to disapprove this, we would have a hole in the budget, I would imagine.
Is that a fair statement, Mr. Manager?
Mr. Gimenez: Yes, sir.
136 9/14/00
0 •
Commissioner Teele: And the question will be, "Where do we get those revenues from?" So I mean the
way legislatively these things frequently work is the Chairman will not accept any motion other than a
motion to approve, unless you have replacement dollars for anything you do. In other words, it's 'easy to
take out dollars. It's hard to put in dollars. And so I would appeal to our Chairman that on anybody who
wants to take out dollars that we have adopted a zero sum process whereby whatever you do has to equal
zero. This matter should not come up now, I guess. I do think that every point that Commissioner
Sanchez has made is one'that we can agree with, I can agree with. Certainly, we need to look at that.
Certainly, we do have a Cadillac of a system. Certainly, we've spoiled the public. The public has become
accustomed to this system. And'I think what is not being said clearly -- and I'm going to raise a pocket
item, an item today about the County and City relationship -- is that what's driving the solid waste fee is
one number, and that's the payment that the City of Miami must pay the County, which we have no
control over. So it comes in as our solid waste fee, but we're just passing it through. And I would like to
see today -- I see some. of your smart, brown, horn -rimmed people around. I'd like.to see tonight a chart
that shows the tipping fees over the last five years, of where it's gone, and what the tipping fee represents
as a portion of the Solid Waste budget, because we do have to educate the public. And it's not -- this is
money not going to the City. This is money going straight out the door to the County. So we're going to
discuss it this afternoon. And I do think that we ought to understand exactly what the Solid Waste budget
is. We probably need to -- since that appears to be one of the issues that we are going to have some
retreating or some reviewing of our posture on. I would really like to understand, again, how much is the
subsidy that we provide to the Solid Waste budget and where those dollars go, because the fact of the
matter is, if we don't approve this budget and these adjustments that we've agreed on, we have a major
hole in our budget. Mr. Chairman, what's your agenda for today? What time do you want to --
Vice Chairman Gort: Let's get back by 3 o'clock. We have very few things. I have one item that I was
requested to be heard, which is the newspapers. If we could listen to that, it won't take long.
Commissioner Teele: Yes, sir.
Vice Chairman Gort: But I want my colleagues to understand this. I represent a very poor neighborhood,
also, mixed, poor mix. But at the same time, we need to realize that all. our neighborhoods are represented
by the big interests and they all are taxpayers. The businesses pay taxes, also. And sometimes, the
businesses pay 33 percent in ad valorem taxes. So in making a decision, you know, I want to help the
neighborhoods, but I don't want to hurt our businesspeople, either, or big interests, because if they go
away from the City -- and there's a lot of competition, people -- then we're going to have to raise the taxes
even more in the neighborhoods. So I think we need to understand, when we make a decision, how we do
it.
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44. CONDUCT WORKSHOP WITHIN THIRTY TO SIXTY DAYS IN CONNECTION WITH
PROPOSED NEWS RACKS ORDINANCE; DIRECT ADMINISTRATION TO BRING ISSUE BACK
FOR CONSIDERATION BY COMMISSION AT FIRST MEETING IN NOVEMBER.
Vice Chairman Gort: Can we on the recycling -- not recycling -- on the newspaper racks. The news
racks, is that -- what agenda item is that?
Frank Rollason (Assistant City Manager -Operations): Frank Rollason, Assistant City Manager. It was a
discussion item from Commissioner Regalado.
Vice Chairman Gort: OK. My understanding, the discussion is we've had presentations from I got a
call stating that the news media had not been able to get -- the distributor had not been able to get the
workshop we were supposed to put together.
Mr. Rollason: We had a workshop that was very well represented, and everybody was certainly put on
notice of when we were having it. And we've made every effort we can to let the people know that this is
taking place today as a discussion item, even the fact that we're not bringing it before the Commission for
any action.
Vice Chairman Gort: OK. And also, you have a presentation that was made by the new group that's
being represented, City Solutions.
Mr. Rollason: Right. And as a result of that presentation, there's a provision in the draft to consider it as
an alternative, also, on a case-by-case basis.
Vice Chairman Gort: OK.
Commissioner Sanchez: Mr. Vice Chairman, if I may. This is Commissioner Regalado's item. I think
we owe it to --
Vice Chairman Gort: Bring it back later, no problem. We'll come back at 3 o'clock.
Commissioner Sanchez: -- to hear it at 3 o'clock.
Commissioner Teele: He said before he left he had no objection to this item coming forward. And I know
there are people from out of town. So I --
Vice Chairman Gort: We're not making any decision here today. What I'm saying is we have some new
proposals that have come in. I think the -- finalize the draft. Get together with the industry. I understand
that the Miami Herald is complaining that they did not participate in the workshop that we had, and we
didn't have enough workshops or something like that. So make sure you have another workshop and get
everybody together, and with the new City Solutions and so on.
Commissioner Teele: Is there a representative of the Herald here?
Vice Chairman Gort: Yes.
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Commissioner Teele: Mr. Chairman, I mean,, if we're going to -- I really would like to just give
everybody a minute or two, just to put on the record what they -- and Lucia could go first, if that would be
all right.
Vice Chairman Gort: Yeah, sure. Go ahead, Lucia.
Lucia Dougherty: Good morning, Mr. Vice Mayor, members of the Commission. Lucia Dougherty with
offices at 1221 Brickell Avenue. I'm here today with co -counsel Marty Perry. And with me also is Marie
Homsberger (phonetic), who -- we all represent City Solutions. We are here in support of your ordinance,
which creates new regulations and new standards for news racks. However, we would ask that you direct
your staff to make an amendment to this ordinance which would include advertising -- advertising -based
modular units that would permit advertise -- would permit publishers of free publications -- in fact,
anybody who wanted to be in these modular units could come in for free, because it's subsidized by
advertising. And right now, your Code doesn't permit such a -- or your draft resolution, that I know of, or
draft ordinance doesn't permit this kind of alternative. So we would ask that you direct your staff to work
with us and the rest of the industry to come up with an ordinance that would also permit this kind of
modular unit to be permitted in the City.
Vice Chairman Gort: OK. Thank you. Next. Yes, ma'am.
Lori Weems: Thank you, Mr. Chairman and Commissioners. My name is Lori Weems, 701 Brickell
Avenue, Suite 3000. I represent the Miami Herald Publishing Company, which includes the Miami
Herald, El Nuevo Herald, the Jewish Herald, Street and El Viernes. . I'm here today -- we have
participated, Commissioner. I just want to put on the record that we were at the workshop. However, we
were work -shopping an ordinance that didn't include specific provisions relating to modular news racks.
We have very serious issues with this ordinance. We'd like to sit down at the table in a workshop format.
We'd like to come back for a formal workshop for this Commission and get this thing hashed out. We
understand that there's a need for some changes. We completely understand that. And we just simply
want a little bit more specific of a process on this ordinance, working on this issue. If there's modular
issues, we want to address those directly.
Vice Chairman Gort: OK. Thank you. My understanding is we tried to follow the Coral Gables
ordinance. My understanding and --
Mr.. Rollason: We have taken bits and pieces from different ordinances, suggestions. I mean, it's a
collage of many things. But the idea is to try to unify what we're doing in the City. And if we need
another workshop, we'll have another workshop.
Vice Chairman Gort: Let's have another workshop and let's include the modular. I've seen some of the
pictures, and what's been done in other cities. And the biggest complaint that we've had is not from the
big institutions, but from the little newspapers, that they cannot afford to create -- that if we put specific
guidelines and criteria to be used in these news racks that the small publishers cannot afford to. My
understanding is a simple solution could be a way to solve your problem so we can be uniform. And I can
tell you, some of those racks and the way they are in some of our corners, they look pretty bad. And not
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only do they look awful and bad, I think it's a big liability for the City, the way they're done. So we need,
like the young lady stated, a specific ordinance with specific criteria. OK?
Mr. Rollason: We can meet again. I think one of the issues where there's some overlap is between some
of the zoning requirements dealing with advertising. And that is, I think, is what Lucia is speaking to,
because the --
Vice Chairman Gort: Right. Well, let's include it so we listen to it. OK?
Mr. Rollason: We could do that. Not a problem.
Vice Chairman Gort: Thank you. Commissioner Sanchez.
Commissioner Sanchez: No. We're going to send it to a workshop? Is that what is the will of this
Commission? OK. First, I want to say something. We -- The issue itself, it's one that's been around for
many years. It's one that, when I first got here, I heard about. It's an issue that needs to be addressed.
It's a quality of life issue. And if you look around our community, it is an eyesore to see a lot of these
news racks that are very poorly maintained, newspapers flying all over the community. Because I jog in
the morning, and there's some areas where you know that the newspapers are going to all over the floor,
because they're flying out. The second is, is we've got to be very careful, because it pertains to one issue,
and that's the First Amendment of the Constitution. So we can't rush into this. I am in favor with -- if it's
the will of the Commission, we send it to a workshop. But let's give it a time frame. Let's give it a time
frame to come back to this Commission, whether it may be Frank, the maker of the motion, if there's a
motion, to send it to a workshop, a time frame of 30 days, 60 days. I think in maybe one meeting or two
meetings, you should be able to iron out your differences.
Vice Chairman Gort: We've been at this for two or three years now.
Commissioner Sanchez: More than that.
Vice Chairman Gort: We need to take a decision. And you know, what sometimes bothers me is when it
comes to other cities, people comply with no problem. When it comes to the City of Miami, there's
always a problem to comply with the City of Miami. And this is something that we need to take care of.
Commissioner Teele: On the point, Mr. Chairman.
Vice Chairman Gort: So let's do it as soon as possible.
Commissioner Teele: On the point, Mr. Chairman. I objected to the previous ordinance, the Coral Gables
ordinance. I objected to it, because the detail and the -- I mean, we literally tell them how large the bolts
are going to be and how large -- I mean, it looked like something that we spent the last 20 years trying to
get away from in government. I mean, I would hope that the ordinance could be scaled down to some
extent, and allow a little bit of common sense. I mean, I don't think we have to tell people how big the
washers, and nuts and bolts and everything have to be. I mean; I get the drift. But on the issue of
compliance, we have approximately 1200 news racks in the right-of-way. Is that right, Mr. Manager?
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Mr. Rollason: Yes.
Commissioner Teele: Approximately how many permits have been issued?
Mr. Rollason: About a third of those.
Commissioner Teele: About 470. And therefore, you've got about 120 permits in process. A part of
what's happening, I think, is if you don't -- you see, why have a new ordinance if you're not enforcing the
old ordinance? And a part of what Commissioner Gort is saying, I fully agree with. I think in the interim,
you all should begin -- and I'm going to bring this up in another context -- you should begin enforcement
procedures. And I don't mean to offend my colleague who is not here, because I don't want us to declare
war on -- and it may appear that way. But a part of the problem here is that we have our ordinances that
we don't take seriously. And so things get worse. I think we're moving in the right direction. I'm
particularly pleased with the condominium, the modular, because I think it will provide small newspapers,
minority newspapers, quite frankly, an opportunity to get their newspapers out in a legal and lawful
manner. And the problem, of course, is the small companies. The Miami Herald, for all due respect, and
Miami Today, with all due respect, Miami Today, USA, they all comply, or they should be complying. But
it's the small businesses, the -- whether free or otherwise that haven't. And I think this provides a unique
solution. So I would request, or move or do whatever the Chair would like to see done that the modular
condominium racks be given as an option. See, when we held this hearing before, Mr. Chairman, I don't
know if you remember, but the Miami Today and everybody came up, and they didn't like it, because it
limited it, I think, to like four or five newspapers per corner. Was that what it did?
Mr. Rollason: This one is at five --
Commissioner Teele: At five.
Mr. Rollason: -- on a street.
Commissioner Teele: Yes.
Mr. Rollason: So there are combinations you can come up with, so that you don't have to go across the
street to get a paper. But, I mean, we have looked at this many different ways to try to --
Commissioner Teele: But the condominium of this -- this modular solves that problem.
Mr. Rollason: It does. It has some good features, and that's why we put in the draft -- it says the director
may, on a case-by-case basis, approve modular news rack proposals, provided such proposals are
consistent with the provisions of this article and other pertinent City rules. That's where we get into the
advertising area.
Commissioner Teele: Mr. Chairman, it's 12:20. I know that we asked the Herald to speak, but have you
all reviewed the modular, and do you all have any problems with that?
Ms. Weems: Commissioner, we have great --
14.1 9/14/00
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Commissioner Teele: Your name.
Ms. Weems: Lori Weems, 701 Brickell Avenue, Suite 3000. We have great concerns with this ordinance
as it's written. If you'll read in the section defining --
Commissioner Teele: No, no, no. Answer my question.
Ms. Weems: Yes, sir.
Commissioner Teele: The modular.
Ms. Weems: Yes, we have great problems and great concerns about it.
Commissioner Teele: What are your concerns with the modular?
Ms. Weems: Well, one, the way the ordinance is written, we don't have any idea how this discretion is
going to be exercised by the director. In fact, it's mandated in the ordinance -- and I want to point out this,
because it speaks directly to modular issues, Commissioner -- that news racks must be a minimum of 48
inches. Well, I'm sure that the Department is aware our standard show rack, our TK80s are 39 inches,
plus the head. The only thing that's a minimum of 48 inches is a modular news rack. Therefore, through
the backdoor, this ordinance effectively mandates modular news racks for --
Commissioner Teele: No.
Mr. Rollason: No, that's not the intent. If it says that, it'll be corrected to "a maximum," I think is what
we were trying to accomplish.
Commissioner Teele: It was my understanding it was going to be either/or. Either the Coral Gables
ordinance, which you all live with the Coral Gables ordinance, right?
Ms. Weems: Commissioner, Coral Gables, ' with all due respect, is not as colorful or as diversified as the
City is, the City of Miami. This is a very different place.
Vice Chairman Gort: That's the problem.
Ms. Weems: Coral Gables went through ten years of a street study, a complete street furniture study
leading up to the ordinance that was passed there. It's very, very -- we contend it's extremely, extremely
different.
Commissioner Teele: But you live with that ordinance.
Ms. Weems: We live with it in the limited area of Coral Gables, sir. It's extreme -- We absolutely are
opposed to that type of ordinance in the City of Miami. Our logo, the way we trade is with our colors.
When you see white, and pink and blue, you think of El Nuevo. When you see gold and blue, you think of
the Miami Herald.
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Commissioner Teele: Oh. So it's the color scheme.
Ms. Weems: The colors are a big issue for us, yes, sir.
Commissioner Sanchez: Labels, trademark.
Ms. Weems: Excuse me, Commissioner?
Commissioner Sanchez: Trademark, labeling, colors.
Ms. Weems: Trademark, labeling and logos, the way that people identify us. These are our marketing
tools. When --
Commissioner Teele: If you had color, unlike Coral Gables, could you live with it then?
Ms. Weems: It would be much more acceptable to us then, yes, sir.
Vice Chairman Gort: That's part of the discussion that's going to take place, and that's part of the
decision that we're going to take, what colors that look best for the City and so on. And I want the -- the
Downtown Development Authority is going to be involved in it, because downtown is where you have the
most. And downtown is where we have the most problems, along with the other neighborhoods. So.
Commissioner Teele: So what's wrong with, say, other than yellow and -- what's the USA Today? --
White and blue? Other than yellow, and white and blue, it shall be green.
Vice Chairman Gort: I don't have any problem with the colors, as long as it can be art, and it can look
good, and that it goes according to what we're trying to do. Right now, we have a project where we're
going to spend about eight million dollars ($8,000,000) on the Flagler Marketplace, which is to redo the
whole Flagler Street. We want to make sure that when we do that in there that we can comply with it, and
the people comply with it. OK? So --
Commissioner Sanchez: A motion for the Director to go to a workshop and come back in 30 days.
Mr. Rollason: How about the first meeting in November?
Commissioner Sanchez: First meeting in November is fine.
Vice Chairman Gort: Yes. There's a motion. Is there a second?
Commissioner Teele: Second the motion.
Vice Chairman Gort: Is there a second?
Commissioner Teele: Second the motion, Mr. Chairman.
Vice Chairman Gort: All in favor state it by saying "aye."
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The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 00-781
A MOTION TO CONDUCT ANOTHER WORKSHOP WITHIN
THIRTY TO SIXTY DAYS, IN CONNECTION WITH THE
PROPOSED NEWS RACKS ORDINANCE; FURTHER DIRECTING
THE CITY ADMINISTRATION TO BRING THIS ISSUE BACK FOR
CONSIDERATION BY THE CITY COMMISSION AT ITS FIRST
MEETING IN NOVEMBER.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: come back at 3:30?
Commissioner Sanchez: So move.
Commissioner Teele: Three -thirty? What time did you say, Mr. Chairman?
Vice Chairman Gort: Three -thirty.
Commissioner Teele: Three -thirty.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:23 P.M. AND
RECONVENED AT 3:36 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER TEELE, FOUND TO BE PRESENT.
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•
45. APPROVE PARTICIPATION OF CITY IN A JOINT PLANNING EFFORT WITH MIAMI-
DADE COUNTY, MIAMI RIVER COMMISSION AND COMMUNITY TO CREATE AND
IMPLEMENT COMPREHENSIVE. LONG-TERM PLAN FOR MIAMI RIVER CORRIDOR.
Vice Chairman Gort: Good morning. CA -24. I'm ready to -- I got the response and I'm ready to --
Commissioner Sanchez: Mr. Vice Chairman, if we could take one order, order of the day?
Vice Chairman Gort: Sure. Can we do CA -24 and CA -28?
Commissioner Sanchez: Yes, sir.
Note for the Record: Commissioner Teele entered the Commission Chamber at 3:39 p.m.
Vice Chairman Gort: Do I have a motion for CA -24?
Commissioner Sanchez: So move.
Vice Chairman Gort: Second? Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: OK.
Commissioner Sanchez: CA -24 deals with the Miami River.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
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The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-782
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, APPROVING THE PARTICIPATION OF THE CITY
OF MIAMI IN A JOINT PLANNING EFFORT WITH MIAMI-DADE
COUNTY ("COUNTY"), THE MIAMI RIVER COMMISSION, AND THE
COMMUNITY TO CREATE AND IMPLEMENT A COMPREHENSIVE
LONG-TERM PLAN FOR THE MIAMI RIVER CORRIDOR;
AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT
PLANNING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE COUNTY; FURTHER AUTHORIZING AND
DIRECTING THE CITY MANAGER TO APPLY FOR AND ACCEPT
APPROPRIATE TECHNICAL AND FINANCIAL ASSISTANCE
(GRANTS) AS MAY BE AVAILABLE.'
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
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46. AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT FOR
ACL COMPUTER TECHNICAL TRAINING FROM ACL SERVICES, LTD. FOR OFFICE OF
INTERNAL AUDITS, $10,000; ALLOCATING FUNDS FROM DEPARTMENT OF HUMAN
RESOURCES.
Vice Chairman Gort; CA -28. If you remember, I requested that any item that dealt with the software or
computers that they put a little note on it stating that, and they will do so, that it's part of their master plan
for communication of the City. Do I have a motion?
Commissioner Sanchez: So move, Mr. Chairman.
Vice Chairman Gort: Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-783
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH ACL SERVICES,
LTD., FOR COMPUTER TECHNICAL TRAINING FOR THE OFFICE
OF INTERNAL AUDITS, FOR A PERIOD OF ONE (1) YEAR WITH
THE OPTION TO EXTEND FOR TWO (2) ONE-YEAR PERIODS,
FOR AN INITIAL ANNUAL AMOUNT NOT TO EXCEED $10,000,
WITH AN ANNUAL INCREASE NOT TO EXCEED TEN PERCENT
(10%) FOR EACH RENEWAL YEAR, SUBJECT TO NEGOTIATIONS
AND APPROVAL OF THE CITY; ALLOCATING FUNDS THEREFOR
FROM THE DEPARTMENT OF HUMAN RESOURCES OPERATING
BUDGET, ACCOUNT CODE NO. 001000.270101.6.410.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
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Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
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47. COMMENTS REGARDING CONSULTANT TO EVALUATE CITY ATTORNEY AND CITY
CLERK ANNUALLY AND TO ESTABLISH PERFORMANCE STANDARDS AND TO PROVIDE A
REPORT INDICATING WHAT THE AVERAGE SALARY IS FOR EACH OF SAID POSITIONS.
Vice Chairman Gort: OK. Mr. Attorney, which are the items that we have to hear at 5:00? I know 39.
Alejandro Vilarello (City Attorney): You have the solid waste assessment, the fire assessment, all the
budget items and the approval of the budgets for, I believe, the DDA (Downtown Development
Authority), the DDA millage, MSEA (Miami Sports and Exhibition Authority).
Vice Chairman Gort: All those have to be heard at 5:00. All right? Commissioner Sanchez, you had a
request.
Commissioner Sanchez: Yes, sir, Mr. Vice Chairman. We have one item that needs, to be addressed, and
that is a discussion of the salary and benefits of our current City Attorney, Alejandro Vilarello, which has
been presented to us. He's been with us since 1998, at which time he came and he has not gotten a raise.
There's a resolution set forth that I would like to make a motion to approve, and that is a resolution of the
City of Miami Commission, with attachments, ratifying, approving, and confirming the salary and benefits
to be received by the City Attorney, Alejandro Vilarello.
Commissioner Regalado: I'll second. And I just want to clarify something. In terms -- that will not be a
raise. That will be what other employees of the City already get, in terms of -- is it COLA (Cost of Living
Allowance) it's called?
Mr. Vilarello: Well, technically, it is a raise. However, other City employees did receive cost of living
increases, that if you added those together, they would equal approximately eight percent. And this
provides for ten percent over the same period of time.
Commissioner Regalado: OK.
Commissioner Sanchez: If I may, Mr. Vice Chairman. I think that being one of the most importantly held
positions in the City of Miami, the City is constantly being sued, and we're constantly battling items in
court that, in the long run, whether we take it outside or we keep it in-house, we find that the Legal
Department has done an incredible job. And we have often criticized it and we have seen major
improvement in it. There isn't any doubt that what attorneys today of such caliber as Mr. Vilarello -- You
know, without a doubt, he could move on to, I believe, any major law firm in the City and would be
accepted. I often say that, you know, you got to hire the best to be able to accomplish things. And, you
know, there's a saying that says -- .what is it? -- a penny and a pound foolish or something. We don't want
to fall under that category. And I can tell you this much. From all the legal aspects -- and I'm not an
attorney, and I believe the one that would have the most experience on this issue would be Commissioner
Teele, who is an attorney -- I don't think there's any Commissioner up here that would say anything
negative about you. And I know that you've done an excellent job. You have been there on a schedule
that's considered to be a "24/7." And, you know, I don't have a problem moving forth. Comparing your
salary to other City Attorneys, it is a reasonable salary. It's not something out of this world. So therefore,
you know, I would make the motion to approve this.
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Vice Chairman Gort: You already made it and a second. On discussion.
Commissioner Sanchez: All right. Well I'll --
Vice Chairman Gort: I got the last word, so.
Commissioner Winton: Last word. Does that mean I have the next word?
Vice Chairman Gort: Yes, sir. Go right ahead.
Commissioner Winton: In looking at the City Attorney's current salary, as Commissioner Sanchez said,
just from a quick look, it certainly doesn't look like anything is out of whack. In fact, he may be
underpaid. However, process is what I want to talk a bit about. You know, the fact that the City Attorney
hasn't had a raise in over two years, and it seems to me -- We're making a decision here without good
information. And it seems to me that we ought to have a process for those folks who work for us -- and I
think Walter is probably in the same boat here. I don't know when the last time Walter was reviewed or
had an increase -- but those persons within the City who work directly for us, we ought to have a formal
process set up whereby they get an annual review. And we ought to have a consultant or someone that we
can call on who can do comparable salary analyses, so that when we make a decision on what we're going
to pay the folks that are working for us, we can make that decision based on what the market's really
doing, and not just pull some number out of the clear blue sky. And so I would hope that as our next step,
we set up a formal process that will allow us to review anyone who works for us on an annual basis, with a
process involved there.
Vice Chairman Gort: Follow an accurate -- yes, go ahead.
Commissioner Teele: Mr. Chairman, it's interesting that Commissioner Winton said publicly what I said
privately to Alex Vilarello yesterday at 4 o'clock.
Commissioner Winton: Great minds think alike. Is that it?
Commissioner Teele: Well, I'll tell you this. You know, number one, I'm going to support this, but I
have some enhancements to this that I'm prepared to move at the right time. I'm going to support this as
it relates to Alex with some enhancements. I think it's understated. However, I think what we're doing
now at this point in time is a little bit premature, as I've told Alex. I said, "Alex, my experience from
government is normally, you evaluate everybody at the budget hearing." At the last budget hearing or
after the last budget hearing, if you're going to fire them, it's always appropriate to evaluate them before
budget if it's very clear. But a part of this whole process -- and we need to think like legislators -- is this
is when we basically make these kinds of budgetary decisions. This is a budget decision. OK? This is a
budget decision. It's also a job performance decision. And the job performance issues and the budget
issues.should be together in a similar time, even if it were the meeting after the first budget meeting. But I
think we need a resolution that requires us to do our job, and that is that all employees of the City that
work for the City Commission, which is essentially three or four people will be evaluated, and salaries
will be adjusted --
Commissioner Winton: Adjusted if appropriate.
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Commissioner Teele: -- as appropriate. Now, I think it should be -- my personal view is it should be at
the second budget hearing. I have no problems taking this up tonight as a part of -- at the end of the
budget meeting process tonight. But what I do think is that when you start just bringing this, it's not on
the agenda, we just start bringing it up helter-skelter, it's going to basically wind up with us all rushing,
because the point that you made just in passing is. probably even more true than you realize, and that is, we
need to look at the Clerk's Office at the same time. The point that I wanted to make in the budget
discussions tonight -- and I had no idea this was going to come up in the middle of the meeting today is --
and I note that Mayor Penelas has adjusted this -- has addressed this -- is that one of the things that I
would like to do as a part of the budget process tonight is that I would like to establish executive benefits
by levels. Same thing you're talking about. The County has five levels, executive benefit levels -- level
one, level two, level three, level four, and level five. There's no rhyme or reason to what -- a lot of the
stuff that we're doing here. And I mean, I don't think we need a formal consultant, per se. I mean I'll --
you know, I think over the process of a year that would be helpful. But I believe that the staff should be
directed as a part of the budget process to come back with levels, as many levels as they deem appropriate
for the executive staff. And we need to address and adopt various levels for these benefits. In other
words, right now, some people have a car allowance. Some people have a car. Some people have a car
allowance and a car. I mean, you know, there ought to be a level one benefit, which I'm willing to
stipulate so that all the confusion is out of the air, is that the Manager, the Attorney, the Mayor, the Clerk
and all Commissioners are level one. Then there ought to be a level two, which are your Assistant
Managers and assistants, et cetera, et cetera; level three, department heads, et cetera, and on and on and
on. Every Commissioner should have a benefit level with their Chief of Staff. I mean, it's. crazy the way
we operate around here. So, you know, we're talking about adjusting some of the benefits in here, which
are all something that, in my mind, .make sense. But we're doing it in a way that -- I think we ought to
have a little bit more paperwork, a little bit more documentation. We should treat the Clerk, the Attorney;
to the extent that we can, the Manager in unique circumstances. We just hired a Manager, so there is no
need to engage in that dialogue fully as it relates to him. We just went through this -- the independent
auditor general and all of those persons that report directly to the Commission in a like manner.
Personally, I want to put it on the table. I believe that Alex is entitled to a bonus. I would like to give him
a one-time cash bonus of some amount of money, because I really do think that when people do an
outstanding job, we should give them some recognition commensurate with the private sector. It doesn't
build up the base, which we need to be concerned about. We need to start from the top in the process of
giving incentive bonuses to the top people. We can't do it with all of my friends that are smiling back
there now. You know the problems with the -- with this as it relates to labor issues. But I think, you
know, we should certainly do what Commissioner Sanchez is doing. I would hope that we could do it,
have a discussion on it, agree on it, and ask for some studies to come back so that we're not doing
anybody wrong, we take it up when Commissioner Sanchez wants to do it tonight.. But I really do believe
that these salary issues drive your budget issues. And for the City of Miami, what percentage of our
budget is salary?
Carlos Gimenez (City Manager): Seventy-six percent, sir.
Commissioner Teele: And it starts at the top. And so once you give the Attorney a raise, I can assure you
that everybody else in the process should be adjusted. Is that a fair statement, Mr. Vilarello, should be
adjusted?
151 9/14/00
Mr. Vilarello: I agree with you, Commissioner. However, in this instance, the City Clerk and I are the
only employees who have not received a raise in at least the last two and a half years in my case, and with
regard to Mr. Foeman, more than that.
Commissioner Teele: Well, and I stand by my statement. I support what is before you. I don't -- you
know, if I have anything to do with it, you're going to get more than what you're asking for here. But the
point that I'm saying is that we need --
Mr. Vilarello: I certainly agree with the process that allows this to come forward on a regular basis, where
we're based on our performance, and at that point, the Commission makes a decision. I would welcome
that process. You know, at this point, it's been a while, and that's why I brought this forward. I felt that it
was a -- I owed it to my family.
Commissioner Teele: And I would only ask that it be deferred to the end of the budget hearing tonight,
unless Commissioner Sanchez feels strongly about it.
Commissioner Sanchez: If it's the wish of this Commission to defer it to the end of the budget, we'll go
ahead and do it.
Vice Chairman Gort: I have two questions.. My understanding, Alex, is this will be part of your budget
that's being presented at the budget review that we have. .
Mr. Vilarello: Yes. It's actually an adjustment to the budget that --
Vice Chairman Gort: That would not change the budget for the Law Department at all?
Mr. Vilarello: The last page of it is the approval that made arrangements for it to be taken care of in next
year's budget.
Vice Chairman Gort: OK. Number two is I've always stated since I first got elected here, we need to set
standards. Once you have standards -- and I agree with Commissioner Teele. You have to have the
different ranges. When you set standards, then people have to comply with those standards. If you --
when you read your budget report of this year, you have each department, what they've done, their
performance, and what's expected of them. And this is what we need to do also, I think, with the people
that we appoint. Commissioner Teele, I agree with you on that. We get a review of the performance of
each department in our budget when we receive the budget book. I think we need to do the same thing.
Have this every year; give us a report of what's been accomplished by that department and what's the
goals for the next year. And this is one way that we can do this. At the same time, I think it's important --
I think we do have ranges in the salaries.
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Mr. Gimenez: Yes, sir, we do.
Vice Chairman Gort: Because it's very important, because as you continue to increase, automatically,
there comes a time when it would be infeasible to pay the employees. So each part of the standard should
be the ranges that goes along with it, in accordance with other municipalities. And those are the things
that we need to set here, not only for the different departments under the Manager, but also for the ones
under the Commission. So this will be deferred until later on.
153 9/14/00
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48. DEFER CONSIDERATION OF APPOINTMENT OF INDIVIDUAL AS MEMBER OF CIVIL
SERVICE BOARD; DIRECT CITY ATTORNEY. TO PROVIDE LEGAL OPINION REGARDING
WHETHER COMMISSION'S PENDING APPOINTMENT TO REPLACE ROBERT FRAZIER, WHO
PASSED AWAY, NEEDS TO BE AN EMPLOYEE OF THE CITY, A REPRESENTATIVE OF A
CERTAIN UNION OR NON-EMPLOYEE OF THE CITY.
Vice Chairman Gort: What's the next item we can hear?
Alejandro Vilarello (City Attorney): Thirty-six.
Vice Chairman Gort: Do we have board appointments?
Mr. Vilarello: Did you say 36?
Vice Chairman Gort: Yeah.
Unidentified Speaker: We did 36.
Commissioner Teele: Are we ready on that HOPWA (Housing Opportunities for Persons with AIDS)
item? Oh, that's 4 o'clock?
Vice Chairman Gort: Four o'clock.
Walter Foeman (City Clerk): It's 4 o'clock.
Commissioner Teele: He's here. Everybody is here.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: Are you going to do appointments now?
Vice Chairman Gort: Yes.
Commissioner Regalado: OK. On the Civil Service Board, I move the name of Manuel Garcia.
Vice Chairman Gort: There's a motion to move Manuel Garcia. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: There's a motion and a second.
Commissioner Winton: Discussion.
Vice Chairman Gort: Discussion.
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Commissioner Winton: Commissioner Regalado, this has nothing to do with you at all. And at the last
meeting, Commissioner Teele said, you know, one thing we don't want to do is get into a -- you know,
ourselves up here in a sword fight. And that isn't what this is at all. I've done some research into this
gentleman's background. And this particular individual has a pending lawsuit against the City of Miami
and the administration. He's got a personnel record that has lots of problems in it. And according to him -
- and I met with him, and he wrote me a long letter back -- and according to him, all of the problems that
are reflected in his personnel file are the fault of administrative people, past or present or whatever. And
he could be right. He may be just an absolutely perfect employee, and administration or his bosses in the
past could have been the worst that we've ever seen. But the fact of the matter is right now, we don't
know. And what we're appointing him to is the Civil Service Board. And that's the board that has the
responsibility to serve as the arbiter of issues between management and personnel. And I don't see how
we, as a Commission, that have the overall policymaking decision, can appoint someone who has that kind
of difficulty with Management, appoint them to a position where they've got to be the arbiter between two
bodies, management and staff. And so I think that just from a'policy standpoint, we make a huge, huge
mistake in appointing someone who has those kinds of battles with management. And so I would really
prefer us to choose -- and I don't care who it is. You know, I brought a name forward last time, and it is
only because that person has come to see me. It doesn't have to be that person at all. I think it is,
however, a big mistake to appoint this particular person to that board. And I don't care who else it is. I
won't put forward the name I had before.' I just think that the mistake is appointing this particular
individual, and a big mistake for the City of Miami to appoint this person to the board.
Commissioner Regalado: OK. Commissioner, I understand your concerns. And these are very legitimate
concerns. And I have here the copy of the legal document that is part of the suit. And I just don't want to
go into details, but to me, this legal, document, this suit has to do with a simple employee that wanted to do
the right thing, went to the supervisor to denounce wrongdoings and was told not to do it, not to say any
more. It has to do with something that happened on the Watson Island Marina. Now, the court will
decide. And I am not going to read into the record, but I want the people and probably you, because you
probably haven't read what this is about to understand that this is not a -- that this is not something that
this guy has just filed because he is at war with all the members of the administration. It's a specific issue
on the Whistleblower Act. And we all know what "whistleblower" means. Well, if the administration
will tell me, if the City Attorney will tell me, if the Commission will tell me that it's wrong for a City
employee to denounce what is wrong in the City, then I will withdraw the name. But I think that we
cannot say -- send a message to the employees, "Do not say anything when you see something wrong."
Because, you know, it's in the best interest of the City that somebody who has a friend has the right to do
something that other people cannot do. And it is a shame that we cannot speak publicly about the
document. And I'm not going to do that, but I just want to put on the record something to that effect, to
the effect that this has nothing to do with somebody who feels that everybody is out to get him. I mean --
Commissioner Winton: Commissioner Regalado --
Commissioner Regalado: I mean, we have a Mayor that doesn't get along with us, I mean. And he's still
our Mayor. We don't have any problem.
Commissioner Winton: But the point I'm making isn't a point against --
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Commissioner Regalado: He likes the Mayor and he doesn't get along with him. We don't get along with
him. So I mean that is not a problem.
Commissioner Winton: The point I'm making isn't a point against an employee standing up, because we
all want the employees to stand up. This is a different issue, however. This is --
Commissioner Regalado: No, it's not.
Commissioner Winton: Yes, it is because --
Commissioner Regalado: That's what the suit is all about.
Commissioner Winton: -- because we're choosing to put that employee in a very sensitive position. And
that's the only quarrel I have, not that he stood up. , He should stand up and fight for his rights. But it
doesn't mean that when there's that kind of battle going on that you put that person into the kind of
authority position that the Civil Service Board is, where he really has a direct responsibility to sit there as
an arbiter between management and the employees. And I don't think he can sit there in his current
standing with the City as an impartial person. And so that's the quarrel, not the fact that he's fighting with
the City. And that's all I have to say.
Vice Chairman Gort: OK. Thank you.
Commissioner Regalado: OK. And that's all I have to say, either. I don't want --
Vice Chairman Gort: OK. Any further? Yes.
Commissioner Sanchez: Mr. Vice Chairman.
Carlos Gimenez (City Manager): If Commissioner Regalado wanted to get the opinion of the
administration, I think during the course of your discussion, to be honest With you, the administration
doesn't want any employee to be the representative. We'd rather have outside control, people that have no
grudge to bury, either way, pro -management or anti -management, to look at the issue from a neutral
position. So if you're looking into employees, my position is I'd rather have you look at somebody from
outside than the employee force. The employees already have two representatives on that board that
(inaudible).
Vice Chairman Gort: Good point.
Commissioner Regalado: But, Mr. Manager, the head of the employees' union went and lobbied for one
particular employee. And -
Mr. Gimenez: And I understand his position. However, I disagree. I mean, he has the right to lobby for
an employee. My position is that it should be somebody that is not an employee of the City of Miami,
period. And he may disagree with me, but basically, you have three appointments from the Commission,
two that are elected by the employees. So the employees have representation. And for a number of years,
it was always two employees and three non -employees. It's only been recently that we've had -- the
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balance had shifted the other way. I'd rather see a neutral person. That's my opinion. That's my
recommendation.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, Mr. Teele.
Commissioner Teele: I think we have the potential for a Solomonic decision here. Commissioner Winton
has said he'll withdraw his name, asking you to do the same. You brought the Manager in. The Manager
gave us his opinion. And to be very candid with you, I assumed that this was the tradition, that this was
always -- But, I mean, I come down very, very strongly in support that if we have three appointees and
the management -- and the union has two appointees, then clearly, we should not, unless it's a unique
circumstance, make the third person an employee of the City. I mean, this has nothing to do with either of
the candidates that are being proposed. It has to do with the policy that the Manager has just stated. And I
mean, I think we have to respect that the Manager comes out of the union process from the very
beginning, but yet, his job now is not to be the union, but to be the Manager. And again, I think you're
just giving us good advice. So, I mean, I would ask on both of you, Commissioner Winton and
Commissioner Regalado, to -- why don't we agree that both names we'll drop, and try to find a non-union
-- a non-employee of the City.
Commissioner Regalado: Then it should be deferred, because we don't have any information at all.
Commissioner Teele: Then let's move to defer it.
Commissioner Sanchez: Yeah. Move to defer.
Vice Chairman Gort: OK. It's been moved to defer. Are you going to speak on the deferment?
Charlie Cox (President, General Employees, AFSCME Local #1907): Yes.
Vice Chairman Gort: On the deferral.
Commissioner Teele: You don't want it deferred?
Mr. Cox: No. I want to correct the record, because the record is --
Vice Chairman Gort: And who are you?
Mr. Cox: Charlie Cox, 4011 West Flagler Street. Number one is one of the employees that he's talking
about is Martin Garcia, which is a Commission appointment. That's a Commission appointment. Bob
Frazier died, which is part of our bargaining group. That's the one that was elected. And you're filling
Bob Frazier's position, which is a general employee. Police and Fire alter every two years on the other
employee, on the other employee seat that's elected. The election is to run every two years. If you choose
to do that, then it's time for you to choose not to put an employee on there with your Commission
appointment. But this was Bob Frazier's seat. He passed away. And this is the general employee's seat
that's run.
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Commissioner Teele: Well, Mr. Chairman, obviously, the record -- obviously, the record is being
corrected. And if the record is corrected, we have no choice but to put a representative of the union in this
particular seat. Is that what you're saying?
Mr. Gimenez: I don't believe --
Commissioner Teele: Or do they have individual seats?
Vice Chairman Gort: Go ahead.
Priscilla Thompson (Executive Secretary, Civil Service Board): Priscilla Thompson, Executive Secretary,
Civil Service Board. There are two individuals who sit on the Civil Service Board, elected by members.
Three are appointed by the Commission. According to the Charter, it says that when there is a vacant seat,
the Commission shall appoint anyone the Commission desires to appoint to fill the seat. The Charter does
not say that the appointment or the appointed person has to. be from the elected segment or from the
Commission segment.
Commissioner Teele: I move the deferral and ask that we get legal opinions, an opinion so that everybody
can think this through, and invite Mr. Cox and any of the other unions to file a memorandum as to what
you believe would be appropriate.
Vice Chairman Gort: OK. There's a motion for deferral. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Further discussion? Being none, all in favor, state it by saying "aye.
The Commission (Collectively): Aye.
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The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-784
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 44
(APPOINTMENT OF INDIVIDUAL AS MEMBER OF CIVIL
SERVICE BOARD); FURTHER DIRECTING THE CITY ATTORNEY
TO PROVIDE A LEGAL OPINION REGARDING WHETHER THE
CITY COMMISSION'S PENDING APPOINTMENT TO REPLACE
ROBERT FRAZIER, WHO PASSED AWAY, NEEDS TO BE AN
EMPLOYEE OF THE CITY, A REPRESENTATIVE OF A CERTAIN
UNION, OR A NON-EMPLOYEE OF THE CITY; FURTHER
INVITING ALL REPRESENTATIVES OF COLLECTIVE
BARGAINING UNITS REPRESENTING CITY EMPLOYEES TO
DRAFT A MEMORANDUM STATING WHAT THEY FEEL IS
APPROPRIATE IN CONNECTION WITH SAID PENDING
APPOINTMENT.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Vice Chairman Gort: You want to address the --
Commissioner Teele: Mr. Chairman.
Mariano Cruz: No, I was going to talk on the federal, too --
Vice Chairman Gort: And who are you?
Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. Mr. Garcia happens to be my neighbor, a resident
of the City of Miami and a member of the union. So he is, in a way, a City worker (inaudible). He's more
-- I think he's overqualified to be a member of that board. I mean, sometimes the people judge people
without -- or just looking at someone's suit. He has an arrest, because he was right. He was -- he was
arrested because he said things that were happening at Watson Island that they were covering, because
they were allowed to do certain things, because they were friends of friends. And that's been going on in
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the City before and is still going on in the City. Friends of friends. And many people don't say anything,
because they are afraid of losing that salary, because they know if they go back to private industry, they
won't be making the money they're making in the City.
Vice Chairman Gort: Thank you sir.
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49. COMMENTS BY COMMISSIONER TEELE REGARDING OVERTOWN ADVISORY
BOARD ELECTION.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I move adoption of CA -35, the Overtown Advisory Board that was recently elected.
And I particularly note that the Camillus House fielded in a candidate that was elected. The persons are
Shirley D. Brown, Deborah Crawford, Juan D'Arce (phonetic).
Vice Chairman Gort: Commissioner Teele, my understanding is that was passed.
Commissioner Teele: Was it?
Mr. Foeman: That was passed in the consent.
Commissioner Teele: OK.
Vice Chairman Gort: It was part of the consent agenda, and it was passed.
Commissioner Teele: All right. Then I stand corrected.
Vice Chairman Gort: Thank you, sir.
Commissioner Teele: Well, let me just read into the record who they were. Dorothy Fields, Barbara
Lloyd, Martha Miller and Lydia Ross. Thank you, Mr. Chairman.
Vice Chairman Gort: Thank you, Commissioner Teele.
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50. APPOINT ELOY GARCIA AS MEMBER OF THE CITY OF MIAMI AFFIRMATIVE ACTION
ADVISORY BOARD.
Vice Chairman Gort: We have appointments to the -- 41, the Affirmative Action Advisory Board. I have
two appointments that I have to make. I'll have to pass for now. Commissioner Teele, you have one
appointment. Commissioner Winton, you have two appointments.
Commissioner Teele: Pass.
Vice Chairman Gort: Commissioner Sanchez has one.
Commissioner Sanchez: I pass on mine.
Vice Chairman Gort: And the Commission at Large is a request to confirm Eloy Garcia. It's "Garcia
Day" today.
Commissioner Winton: On which one?
Vice Chairman Gort: Do I have a motion for Eloy Garcia?
Commissioner Sanchez: So move.
Vice Chairman Gort: For Affirmative Action Advisory Board.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Is there any discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
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The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-785
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI
AFFIRMATIVE ACTION ADVISORY 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 Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
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51. APPOINT DAVID GONZALEZ AS A REGULAR MEMBER OF THE CODE ENFORCEMENT
BOARD.
Vice Chairman Gort: Item 42. Code Enforcement. Commissioner Sanchez, you have one nomination
Commissioner Sanchez: Mr. Vice Chairman, I have an appointment. It will be David Gonzalez to be my
appointee. So move.
Vice Chairman Gort: Do I have a motion?
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. 00-786
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A REGULAR MEMBER OF THE CODE
ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN.
(Here follows body of 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
164 9/14/00
52. APPOINT STEVE KNEAPLER, RICHARD DUNN AND RAFAEL RODON AS MEMBERS
OF PORT AREA COMMUNITY IMPROVEMENT AUTHORITY BOARD.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: Can we do the members of the Port Area Community Improvement Authority
Board? And the reason is that it's just that we might forget, and this is the deadline for the three names.
The Mayor and the two Commission appointees.
Commissioner Teele: The thing that I would like to do is for the Attorney, to the extent that you can, and
the Clerk, to verify that these persons or at least mine, the one that I nominate, Richard Dunn -- Is there
any specific qualifications?
Vice Chairman Gort: Yes.
Carlos Gimenez (City Manager): Yes, sir, there are: There's a number of qualifications. And the --
Commissioner Teele: Do we have to designate the area that they're coming from?
Commissioner Regalado: No, they're not.
Mr. Gimenez: That's legal. That's a legal question.
Commissioner Regalado: Excuse me.. I read the bill that was approved, and you need to have people that
know about restaurants, tourism, business, community. It's a very broad, broad, you know, qualifications.
Engineering. And I would think -- I don't know what the Mayor's appointment does, but I recognize the
name, and I think that it's an architect or an engineer.
Commissioner Teele: Rafael Rodon, he used to be the County --
Commissioner Winton: Yeah.
Commissioner Teele: -- head of DERM (Department of Environmental Resource Management).
Commissioner Regalado: Right. That's why I recognize him. So -- and the other two appointees are
qualified within those guidelines that the legislature approved.
Vice Chairman Gort: Commissioner Regalado, I don't have any problem. I had that as one of my pocket
items. But if you want to bring it up now, we can go ahead and do so. Do we have the nominees, the
nomination from the Mayor?
Commissioner Regalado: It's here.
Commissioner Teele: Rafael Rodon.
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Commissioner Regalado: It's here.
Vice Chairman Gort: OK. So make a motion for all three individuals.
Commissioner Regalado: I'll move the resolution of the City Commission appointing certain individuals
to serve as members of the Port Area Community Improvement Authority Board.
Vice Chairman Gort: The names are?
Walter Foeman (City Clerk): The names are Steve Kneapler --
Commissioner. Regalado: Steve Kneapler, Richard Dunn --
Mr. Foeman: -- Richard Dunn.
Commissioner Regalado: And Rafael Rodon.
Commissioner Teele: And the latter being appointed by the Mayor.
Mr. Foeman: Correct.
Commissioner Regalado: The latter being appointed by the Mayor.
Vice Chairman Gort: Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: OK. Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 00-787
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE PORT
AREA COMMUNITY IMPROVEMENT AUTHORITY BOARD.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
166 9/14/00
Upon being seconded by Community Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Vice Chairman Gort: Finance Committee. Item 43. Commissioner Winton, you have one nomination
and the Mayor has one nomination.
Commissioner Winton: No appointment.
Note for the Record: Agenda item 43 was deferred.
Vice Chairman Gort: OK. Forty-four we passed. Forty-five, International Trade Board. Commissioner
Winton, you have one appointment.
Commissioner Teele: Pass.
Commissioner Winton: Pass.
Note for the Record: Agenda item 45 was deferred.
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53. (A) RE-ESTABLISH CITY CHARTER REVIEW AND REFORM COMMITTEE TO
REVIEW CHARTER OF CITY AND CHARTER PROPOSALS, RECOMMEND AMENDMENTS
NECESSARY TO REFORM AND/OR UPDATE CHARTER BY SETTING FORTH SAID
COMMITTEE'S PURPOSE, DUTIES, ETC.
(B) APPOINT MARIO MARTI AND RAY GOODE AS MEMBERS OF THE CHARTER
REVIEW AND REFORM COMMITTEE.
Vice Chairman Gort: Forty-six. Charter Review and Reform. Commissioner Regalado, you need to
nominate one technical advisor.
Commissioner Regalado: I don't understand. I just had a resolution that was brought here to re-establish.
So do we need to make all the new appointments or --?
Commissioner Winton: Right. It's actually to -- As you all directed me last time, and as I began to put
this thing together, and after some dialogue, I'm bringing forward a modification that makes some
changes in the Charter Review. So if you'd like to talk about that before you make the appointments or
after.
Vice Chairman Gort: Go ahead. You're the Chairperson.
Commissioner Winton: The changes --
Vice Chairman Gort: Go ahead.
Commissioner Winton: I just want to make sure they hear, so that --
Commissioner Regalado: I'm sorry.
Commissioner Winton: The changes that I'm recommending is that we extend the time frame to 170
days, which gets us to mid-June. And we've got a goodly number of people already appointed, so we
ought to be able to start here within another week and really get this done. I am also recommending that
we increase the size of the committee from nine to seven -- that's the wrong direction. Increase from
seven to nine members.
Commissioner Sanchez: Increase from seven to nine.
Commissioner Winton: Increase from seven to nine.
Vice Chairman Gort: Appointed how?
Commissioner Winton: And I wanted two appointments from the Chairperson on this, and one
appointment at large. And so that means we all still have -- rather than having one appointment, I would
have two appointments. Each Commissioner would have one, and there would be one at large. And that's
the change in appointment. And one further recommended change is the attendance requirements,
because if we're going to make this work, people have to come. And we-- any member that misses three
meetings, they will automatically be removed. The replacement would be made by the Commission at the
168 9/14/00
next Commissioner meeting. However, if the Commission didn't make a replacement, the Chairperson
could make that replacement if the Commission didn't, just so we can keep this rolling. And those were
the recommended changes.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and seconded. Any discussion?
Commissioner Teele: Tell you one thing, you know how to make yourself a dictator real quick.
Commissioner Winton: I want to get it done. You all made me do this.
Commissioner Teele: You know, I'm going to tell you --
Commissioner Winton: I tried to get out of it twice.
Commissioner Teele: Nobody can quarrel with it.
Commissioner Regalado: The means justify the --
Vice Chairman Gort: It means that each one of us would have to drop -- at least I would have to drop one
of my nominees, and each one of you would have to drop one.
Commissioner Sanchez: No.
Commissioner Winton: Why? No.
Commissioner Regalado: No.
Commissioner Sanchez: No, no, no, no, no. We have a technical --
Commissioner Regalado: No, because we have one and a technical advisor, right?
Commissioner Winton: Yeah. The technical advisory, the technical committee doesn't change.
Commissioner Regalado: But they don't vote. They don't vote.
Vice Chairman Gort: OK. Then it stays the same.
Commissioner Winton: Right, right. The only change is with the -- what's it called? The --
Vice Chairman Gort: You get to name to and a third at large.
Commissioner Winton: No, no, no. On the -- what's the -- yeah. On the -- This is a change to the
regular members, not the technical members. So you still get two appointments. The difference is that
169 9/14/00
there will be nine members on the standing committee or whatever it's called as opposed to seven. That's
the only difference here. So you don't have to take anyone off.
Vice Chairman Gort: OK.
Commissioner Regalado: I've got a question. Do we have to reappoint the same people, or they're
already appointed?
Alejandro Vilarello (City Attorney): Whoever you've already appointed, unless they've resigned, will
continue to serve.
Commissioner Regalado: Oh. OK. OK.
Vice Chairman Gort: Commission at large. We have a citizen of the City of Miami that we can elect. At
this time, Commissioner Regalado, you have one appointment, and Commissioner Teele has one nominee.
Commissioner Regalado: I'm willing to make the appointment. That's the legal, the technical, whatever
the name is. Mario Marti. He's an attorney.
Commissioner Winton: Second.
Vice Chairman Gort: OK. It's been moved and seconded. 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. 00-788
A MOTION APPOINTING MARIO MARTI AS A TECHNICAL
ADVISOR OF THE CHARTER REVIEW AND REFORM
COMMITTEE.
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
170 9/14/00
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Vice Chairman Gort: Commissioner Teele, you pass?
Commissioner Teele: What's that?
Commissioner Regalado: But did we vote on the resolution? We didn't.
Vice Chairman Gort: Yes, we did.
Commissioner Regalado: No, we didn't.
Vice Chairman Gort: Did we vote on the resolution?
Walter Foeman (City Clerk): No, we haven't voted on it.
Vice Chairman Gort: All in favor state it by saying "aye" on the resolution.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-789
A RESOLUTION (PENDING)
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L Winton
NAYS: None
ABSENT: None
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Commissioner Winton: And I have one appointment, Mr. Chairman.
Commissioner Teele: Pass.
Vice Chairman Gort: Go ahead.
Commissioner Winton: I'd like to appoint Mr. Ray Goode.
Vice Chairman Gort: Ray Goode. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: OK. Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-790
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE CHARTER
REVIEW AND REFORM 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 Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
172 9/14/00
54. DEFER APPOINTMENTS OF REGULAR MEMBERS TO THE PLANNING ADVISORY
BOARD.
Vice Chairman Gort: Planning Advisory Board. Commissioner Teele, you have an appointment.
Commissioner Winton, you have an appointment. You have the names in front of you of those individuals
that have applied for it.
Commissioner Winton: I'm not going to make my appointment today.
Commissioner Teele: You have to re -advertise? Re -advertise?
Walter Foeman (City Clerk): Yes, we did.
Vice Chairman Gort: OK.
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55. APPOINT HAKKI KOROGLU AS. REGULAR MEMBER OF URBAN DEVELOPMENT
REVIEW BOARD.
Vice Chairman Gort: Item 48. Urban Development Review Board.
Commissioner Sanchez: Mr. Vice Chairman, I have one appointee, and that will be Hakki Koroglu.
That's H -A -K -K -I, for the record. K -O -R -O -G -L -U.
Vice Chairman Gort:.. There's a motion. Is there a second accepting the nomination? Second.
Commissioner Winton: Second.
Vice Chairman Gort: OK. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-791
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A REGULAR 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 Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
174 9/14/00
56. DISCUSS APPOINTMENTS TO PLANNING ADVISORY BOARD.
Commissioner Winton: Mr. Chairman, could I go back to PAB (Planning Advisory Board)?
Vice Chairman Gort: Yes, sure.
Commissioner Winton: I had a mistake here in my own writing. I'd like to appoint Jaime Canaves. He's
dean of the College of Architecture at FIU (Florida International University), and a. resident of the City of
Miami, to the PAB (Planning and Zoning Board).
Vice Chairman Gort: Is there a second? Motion to nominate Jaime Canaves. Is there a second?
Commissioner Teele: Second. Second the motion.
Commissioner Regalado: Second.
Walter Foeman (City Clerk): Commissioner, excuse me. Commissioner, just for the record, I don't
believe Jaime is a resident, so maybe we should address the issue of the --
Commissioner Teele: Providing a waiver?
Mr. Foeman: The waiver.
Commissioner Winton: I don't think you can provide a waiver to this board. And Gary told -- Well, I'll
withdraw it, and we'll clear that up, and I'll bring it back a little later.
Mr. Foeman: Yeah. OK. Yeah. There was some concern from the Attorney's Office whether or not for
PAB and Zoning we could, in fact, have a waiver. So maybe -- .
Commissioner Winton: Yeah. And they talked to me before the meeting and said that we would have to
change the ordinance, because this particular board does not allow for that waiver to be applied.
Mr. Vilarello: That's correct.
Mr. Foeman: So we can withdraw the item.
Mr. Vilarello: That's correct.
Commissioner Winton: Well, I want to get his address clarified. So I'll withdraw it for the moment, and
I'll bring it back up as soon as we get the address issue clarified.
Mr. Foeman: OK.
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57. ALLOCATE $9,979,000 OF HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) GRANT FUNDS FOR PROVISION OF HOUSING ASSISTANCE AND HOUSING -
RELATED SERVICES TO LOW INCOME PERSONS LIVING WITH HIS/AIDS; AUTHORIZE
MANAGER TO TRANSFER $300,000 FROM HOPWA FUNDS PREVIOUSLY ALLOCATED TO
COUNTY'S DEPARTMENT OF HUMAN SERVICES, OFFICE OF COMMUNITY SERVICES FOR
PROVISION OF UTILITY ASSISTANCE TO SAME ORGANIZATION'S CONTRACTS FOR
SHORT-TERM HOUSING ASSISTANCE, $200,000; AND EMERGENCY HOUSING ASSISTANCE,
$100,000, TO CONTINUE SERVICES THROUGH SEPTEMBER 30, 2000 TO LOW INCOME
PERSONS LIVING WITH HIV/AIDS THROUGHOUT COUNTY (See #6 and 8).
Commissioner Teele: Mr. Chairman, we have the HOPWA (Housing Opportunities for Persons with
AIDS) item. I know these people have been --
Vice Chairman Gort: They're here? Let's go.
Commissioner Teele: Thank you, Mr. Chairman.
Gwendolyn Warren (Director, Community Development): Commissioners, we have before you a
resolution recommending --
Vice Chairman Gort: Excuse me. You are?
Ms. Warren: My name is Gwendolyn Warren. I'm the Director for Community Development.
Commissioner, Chair, we have a resolution before you recommending ten agencies for continued funding
for the next program year. In addition to -- for our program, which is HOPWA, housing opportunity for
individuals with AIDS, those individuals are listed on Page 10 of your memo -- second page of your
memo. If you'd like for me to read them, I could. If not -- OK. Those agencies that are listed is Better
Way of Miami; the Department of Community Development; Douglas Gardens Community Health
Center; Economic Opportunity Health Center; Greater Bethel AME (African Methodist Episcopal); Lock
Towns Community Mental Health; Miami -Dade Department of Human Services; Miami -Dade
Department of Human Services, Office of Community Service; Miami -Dade Housing; Shelbourne
Apartments and South Florida Jail Ministries. These are our current service providers who, after -- we're
requesting that they be extended for an additional year., All of them have been reviewed and have passed
their monitoring appraisals, and staff is recommending them in continuation to insure a smooth transition.
At the May meeting, the Commission, under Resolution 00-425 approved the restructuring of the
HOPWA Program, which would allow the City to enter into a contract with Miami -Dade County to
administer programs in the Dade County area and the City of Miami would continue to administer
programs in the City of Miami.
Commissioner Winton: Gwendolyn, excuse me, please.
Ms. Warren: Yes, sir.
Commissioner Winton: I have a conflict in this issue, so I have to excuse myself.
Vice Chairman Gort: Bye.
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Ms. Warren: So staff is recommending again during this transition phase that those providers who are
performing continue to be funded. There is an additional agency that is being recommended that is a new
agency, which is Greater Bethel AME. They did apply for an agency to provide services in the Overtown
community. Staff is recommending them at the full level proposed. Additionally, in this resolution, staff
is recommending a modification to a current contract that would allow us to do a minor line item transfer
from our utility assistance program under a current contract to provide additional emergency housing
assistance. That's a technical correction that we have to make in order to continue to provide those
services.
Vice Chairman Gort: Thank you.
Ms. Warren: Yes, sir.
Vice Chairman Gort: Yes, sir.
Mark Trimmings: Good afternoon. Mark Trimmings again, from the Miami -Dade HIV/AIDS Partnership
Housing Committee. I'm the Chairman of the HOPWA Committee, which stands for Housing
Opportunities for People with AIDS. Based on what we've discussed this morning, I've had the
opportunity to meet with Ms. Warren and her staff, and to outline and discuss the issues that has been
agreed upon, that they will meet with us at the executive level. We will be able to iron out those issues,
and therefore, we move that we approve and ask that you consent forth at the nine million, nine hundred
seventy-nine thousand dollar ($9,979,000) be acted upon and approved.
Vice Chairman Gort: So you advised your board recommend that it be approved.
Mr. Trimmings: Yes, sir.
Vice Chairman Gort: OK. Any further discussion? Any further discussion? Do I have a motion to
support the staff and board recommendation?
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Second. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
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C
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-792
A RESOLUTION (PENDING)
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: None
ABSTAINED: Commissioner Johnny L. Winton
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: Before Gwen leaves the podium, there was a group here that applied for social
services funding, and they have sent me and other members of the Commission some written information.
I would request :that the administration meet with them and bring us all the information in the next
meeting or so. They're right there.
Commissioner Sanchez: Is it a pocket item?
Commissioner Regalado: Huh?
Commissioner Sanchez: Is it a pocket item?
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Commissioner Regalado: No, it's not a pocket item. I'm just asking, because they're here that, you know,
since we can -- this is not the moment to discuss and we cannot approve anything right now, because of
the cycle. But I would request the Administration to meet with them to see the problem that they have.
They were told that they missed some documents. They claim not, and this is the problem. So, Gwen,
let's see.
Ms. Warren: Yes, sir.
Commissioner Sanchez: Is that just directing? Do you need a motion for that, or just by directing the --
OK?
Commissioner Regalado: Do we need a motion?
Carlos Gimenez (City Manager): I'll just do it.
Vice Chairman Gort: There's no motion needed. All you're doing is directing for them to get together
with them and then resolve the problems they have.
Commissioner Regalado: OK.
Vice Chairman Gort: Thank you. Next item. Urban Development Review Board. Commissioner
Sanchez, you have one nomination.
Commissioner Sanchez: We already did that. Forty-eight is done, and we voted on it. We're on 49.
Walter Foeman (City Clerk): We haven't voted on 49. That's the Waterfront Advisory Board.
Commissioner Sanchez: We did vote on 48.
Mr. Foeman: Yes.
Commissioner Sanchez: Yes. We're on 49. It's the Waterfront Advisory Board, Mr. Vice Chairman.
Commissioner Teele: What are you up to?
Vice Chairman Gort: We're on 48.
Commissioner Sanchez: We already voted on 48.
Vice Chairman Gort: Urban Development Review Board. Did you appoint a person?
Commissioner Sanchez: And we voted on it already. Mr. City Clerk?
Mr. Foeman: Item 49.
Commissioner Sanchez: We're on 49.
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•
Vice Chairman Gort: It's the Miami Waterfront Management. I'll have to pass. Commissioner Teele, do
you have a member for the Waterfront Management?
Commissioner Teele: No, pass it.
Vice Chairnian Gort: We'll pass.
Note for the Record: Agenda item 49 was deferred.
Vice Chairman Gort: Fifty. The Zoning Board. Commissioner Winton, you have two nominations.
Commissioner Winton: Sorry, no appointments.
Note for the Record: Agenda item 50 was deferred.
1 S 0 9/14/00
58. (A) PRESENTATION OF PURCHASING DEPARTMENT BY JUDY CARTER.
(B) COMMENTS BY COMMISSIONER TEELE TO REDUCE NUMBER OF
EMERGENCY PURCHASES MADE BY CITY AND PREPARE STAND-BY CONTRACTS TO BE
USED FOR EMERGENCY PURCHASES, WHEN NEEDED.
Vice Chairman Gort: OK. Fifty-one has been withdrawn. Fifty-two. This is the -- pursuant to the
Honorable Mayor Joe Carollo's request, the following information is provided. We have the Law
Enforcement Trust Fund. Chief, you're on.
Carlos Gimenez (City Manager): Commissioner, you want to bypass the departmental presentation?
Vice Chairman Gort: Oh, no, let's make it. They're here?
Mr. Gimenez: Yes, they are, and they're ready to go.
Vice Chairman Gort: Let's go.
Mr. Gimenez: At this meeting, it will be Procurement who is making a presentation.
Vice Chairman Gort: Oh, oh.
0
Judy Carter (Director, Purchasing): Can we get a little light? That's pretty good. OK. We don't need
light.
Commissioner Sanchez: Procurement 101.
Ms. Carter: Procurement 101. And believe it or not, that's what I intend to conduct today.
Commissioner Sanchez: Judy, if I could interrupt you. Mr. Vice Chairman, I believe that we have a
representative, Ralph Arce with us. Ralph, who just walked in, if he could be recognized.
Commissioner Teele: Hey.
Vice Chairman Gort: A representative. Congratulations, sir.
Commissioner Sanchez: Congratulations to you, my friend. A local homeboy who will be representing --
what is it? West Hialeah? Yeah. So congratulations to you on behalf of the Commission.
Vice Chairman Gort: Yeah, but he's a Miami High alumni and coach, and he's got his heart in the City.
Commissioner Sanchez: And we got to sit down and talk.
Vice Chairman Gort: So that's another vote we have there.
Commissioner Teele: Make him an honorary citizen right here. Swear him in. Deputize him.
181 9/14/00
Ms. Carter: Ready? Commissioners, good afternoon again. As you know, I am Judy Carter, and I'm here
to make a departmental presentation on the Purchasing Department. Not long ago, I was invited to make a
presentation before the Financial Oversight Board. They invited me to make a presentation to share with
them best practices for the City of Miami. Therefore, I am pleased to make and to share with you those
several initiatives that we have undertaken since the release of the State Procurement Assessment Team
Report. Now, many of you all may ask, "What is the State Procurement Assessment Team?" Permit me
to give you a historical perspective. Soon after the Financial Oversight Board formed, the Board
commissioned a Procurement Assessment Team to review the operations of the Purchasing Department.
The Chief of Purchasing. Standards for the Department of Management Services chaired the procurement
Assessment Team, and that review resulted in a report that has been essential in focusing our efforts to
implement best practices within the Purchasing Department. This report was presented to the Financial
Oversight Board and the then -City Commission in February of 1997. Before we share with you our best
practices, I believe that it's first essential that I, one, introduce my staff and then share with you what is
the responsibility of the Purchasing Department for the City of Miami. I have with us today.-- if you don't
mind, introduce my staff. The bid contract section is responsible for all of those procurements that come
before you. Bid contract section, would you please stand. All of the items that are formally and
competitively bid, this is the staff that works very, very had to get these items before you. I'd also like to
introduce to you the two individuals I spoke to you, Commissioner Regalado, about the Local Vendor
Outreach Program. Would you all have a seat and let these two guys here. They are working hard in the
community. Commissioner Regalado, Ralph Hernandez is responsible for your district --
Vice Chairman Gort: Is Ralph behaving?
Ms. Carter: -- Commissioner Gort, your district and Commissioner Sanchez, your district. And, of
course, Scott has Commissioner Winton and Commissioner Teele's district. I deliberately identified those
to accommodate the individual languages that are represented in this community. Thank you, guys. And,
of course, I have with us -- all the small purchases that the City Commission submits to us, this young
lady is responsible for processing those procurements for you. The Purchasing Department is directly
responsible for the procurement of goods, equipment, professional and personal services, excluding those
listed. These procurements are initiated by the Public Works, Real Estate and Economic Development,
Asset Management or Law Department. Purchasing also disposes of surplus personal property,
administers the City's Minority Women Business .Enterprise Program, vendor registration, and Citywide
advertisement. The Chief Procurement Officer, as defined in the City Charter, supervises all
procurements of personal property, and makes determinations on all bid protests. Unlike purchasing in the
private sector, public purchasing, Commissioners, must conduct its activity wholly within the public eye,
and must adhere to legal guidelines. Additionally, public purchasing is more significantly affected by
social concerns, like local vendors, minority business, female business. The basic fundamentals of public
purchasing, for your information, are: Competition, impartiality, conservation of public funds, value,
sound ethics and openness. What this means, Commissioners, is that these concepts tell us that
competition -- public business should be open to competition; that bidders are to be treated alike, without
favoritism; that economy and value are our basic aims; that integrity must under -gird every aspect of our
process and that documents are always used, and actions taken are public information. Our service
delivery enhancements incorporate recommendations from the Procurement Assessment Team that I
shared with you earlier, and the Blue Ribbon Panel that you are familiar with. The co -recommendation
was that purchasing be made a department, to insure that the reporting level is high enough to preserve
integrity, internal controls and authority. The remaining initiatives cover five major areas: Strategic
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purchasing, professionalism, technology, customer service and safeguards. Well, what do I mean by
"strategic purchasing"? Essential to maximizing the effectiveness of a centralized purchasing program is
strategic and proactive decision-making in the timing and methods of buying, the types of contracts and
the turnaround time for processing purchasing requests. Purchasing has increased its use of several
industry tools to meet departmental needs proactively. Purchasing maintains an ongoing program to
consolidate departmental requirements through the consolidation of historical patterns and projection of
departmental needs. The result is volume discounts for the City. Term contracts provide quick access to
commodities and services that are regularly or repetitively needed by multiple departments over a period
of time. In the past two years, we have increased Citywide contracts by 100 percent. On December 15,
1998, Purchasing shepherded legislation that was approved by this Commission to allow the City to utilize
contracts that had been competitively solicited by and on behalf of state, County or municipal
governments, without requiring any further solicitation for the required good or services. Purchasing on
state or other government contracts often but not always results in more favorable pricing. The City has
increased its use of those contracts by 111 percent. Policies and procedures have been approved by the
City Manager to de -centralize and delegate the purchase of commodities costing up to a thousand dollars
($1,000) to employees within the department in order that we may be in a position to be more efficient in
processing those purchases up to one thousand dollars ($1,000). We've been able to reduce the
purchasing cycle for those procurements from 13 days to one to three days. These employees, who are
trained by me and are approved by the City Manager, attend, and they are required to attend an eight-hour
workshop led by a master instructor from the National Institute of Governmental Purchasing that offers an
introductory knowledge of public purchasing. And purchasing does require continuing education.
Additionally, safeguards and controls are insured by way of external and internal audits. Accountability
and adherence to the spirit of the rules and principles of public contracting, unification of policy and
processes, and professionalism in the interaction with vendors result from a centralized purchasing
process. Additionally, professional specifications increase oversight, and the larger vendor pool improve
the level of competition and the quality of the purchase that we make. The City Manager has approved
policy and procedures for the acquisition of professional and personal services. You see those in the way
of the RFP's (Requests for Proposals) and the RFQ's (Requests for Qualifications) that are issued and
presented to you at each Commission meeting. The Law Department also has prepared contract templates
to expedite the execution of contracts. An effective centralized purchasing program requires knowledge
and professional buyers who have the technical expertise -- the technical expertise -- to identify the best
value and/or to negotiate the best price. The following measures have been implemented to insure the
Purchasing staff meets these expectations. What have we done? The classifications and the respective
salary ranges within the Purchasing job family series have been expanded, revised and upgraded to require
public purchasing experience and a minimal level of higher education or specialized training. Additional
professional certification is now either a preferred or mandatory qualification for all buyers in my
department. Clerical positions have been eliminated and they have been replaced with paraprofessionals
to provide specialized administrative support to the professional buyers. These revisions reflect
something important to me, and that is public purchasing is a profession, and it does require specialized
knowledge and skills. Additionally, the Purchasing Department maintains an ongoing training program
for its professionals and paraprofessionals. City -sponsored and professional organization sponsored
training give staff the current information on innovations and best practices in public purchasing.
Although in past years, funding had been absent from my department for training dollars for my staff, I'm
here to say to you today that we now have training in our budget to train our professional buyers.
Centralized to professionalism is what we call certified professional public buyer, which is a professional
designation bestowed upon an individual who has met the rigorous educational standards, passed a very
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rigorous CPPB (Certified Professional Public Buyer) certification examination, satisfied a work
experience requirement, and agreed to the Public Purchasing Code of Ethics, which is extremely
important. The holder possesses the necessary competencies to obtain maximum value of the taxpayers'
dollars. I'm glad to say since the issuance of the report; we have increased the number of buyers holding
that designation by 150 percent. Purchasing constantly seeks innovative ways of utilizing computer
technology to improve processes and maximize competition. In Purchasing, we have made technology a
priority, and continuously, we search new computerized procurement aids. We expect our research to be
beneficial as the Information Technology Strategic Assessment Plan, which all of you all are familiar
with. It's study is currently underway. Currently, for your information, the City of Miami Purchasing
Department does have technology in its operations. The Purchasing Department utilizes an automated
system to receive requisitions from departments and to process and issue purchase orders. The system
electronically tabulates informal bids. It maintains bidders' lists for each commodity, and it tracks vendor
activity and performance. The informal solicitation process utilizes that technology to issue and receive
the bids. This is something you do want to know about, because you asked me earlier, "How are we
letting the community know about our bids?" Well, I'll share with you. Purchasing has developed a web
page to help our external customers obtain necessary information about City purchasing. Sections relating
to how to do business with City of Miami and the NWB Procurement Program are quickly accessible
through the City's web site. Additionally, information on upcoming auctions, as well as bid and RFP
announcements, recommendations and awards are posted and regularly updated on the Internet. Vehicle -
- I'm sorry -- Vendor registration forms, NWBE certification applications, and now, even our bid
solicitations are downloadable from the Internet. Additionally, bids are submitted to the Media Office for
inclusion on Channel 9. The intranet, we have included in the City's intranet a personnel directory that
details the responsibilities of each employee of the Purchasing Department. This directory empowers all
of our internal customers with the information that they need to identify the appropriate staff person who
can best meet their needs and help them in any stage of the procurement process. As we revise and
establish new policies and procedures, we are posting them regularly on the City's intranet and the Z -drive
to insure that the information is readily available to our internal customers, the users. Users do not have
the challenge of having to try and locate a paper document. They can quickly access the Z -drive or the
intranet and find those appropriate policies and procedures. All term contracts issued by the Purchasing
Department are also maintained on the intranet as a contract log that is accessible to all City employees on
the intranet. This, of course, gives those users the opportunity of knowing the contracts that are in place,
that they may be in a position to use. Customer service is so very, very important to me as the Director of
this department. In our various efforts to improve our technical competencies, Commissioner Sanchez, we
have not overlooked the human element. We have professional buyers who have been recognized as
Citywide Employees of the Year, and the Fire Department Civilian Employees of the month. And to
augment our service delivery, we have also undertaken the following initiatives: Whereas previously, we
sought to develop commodity expertise in our buyers, I determined it was appropriate that customer
service improves when assignment of purchase is made on the basis of departments, rather than
commodities. What happens? Positive relationships with our internal customers have developed, and
personal service has been the result. Buyers are now more responsive to the needs of users, and hold
themselves personally accountable for performing. We have also developed a survey, which will become
a very effective instrument for obtaining feedback from our internal customers. The survey is issued
annually, and we expect to issue it again following the completion of our fiscal year. We do this to remain
aware of how those we seek to serve perceive our efforts. We synthesize that data to insure that every
effort is made to implement appropriate changes to improve those perceptions. Commissioner Teele, the
City of Miami, as you know, participates in the State of Florida's Reciprocal Minority Certification
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Program. Through your support, the interlocal agreement reflecting this arrangement grants the City
access to a greater number of minority vendors, and it allows the vendors to submit one application to
obtain minority certification for both the state and the City of Miami. As you know, the Local Vendor
Outreach Program, which I shared with you earlier, has come as a result of you. You have expressed
those concerns to me, and as a result of that, I have been proactive in establishing what I have called a
Local Vendor Outreach Program. The purpose of it is to increase local vendor participation in the City's
process. Two employees, as you have been introduced to, are responsible for going out into the
community to identify and add to the City's bidders list local vendors who can supply our commodity of
service. They are responsible for visiting local vendors immediately prior to the time of the solicitation,
which is so important to promote the image of the City as a viable business opportunity, and to give notice
of the upcoming bid solicitation. We also use that opportunity to explain that the City of Miami does have
a local preference law that many of them do not know about. Additionally, the program contains a follow-
up element. That follow-up element are for those vendors who do not respond to the bid. We call them
up and we find out, "Why did you not respond to the bid that we recently issued to you?" So we use that
as feedback to help us, also. The implementation of this public relation strategy, because it's purely
public relations, this strategy of personally interfacing and increasing communications with local vendors
has yielded some results, some positive results. And as I've shared with you this morning, 100 bids -- 101
bids were assigned to vendor outreach. Seven hundred and seventy local vendors were contacted. Ninety-
eight local vendors returned bids, and 35 local vendors have been awarded over and beyond what we have
done in the past. Key to our recent initiatives have been the revising of the City of Miami's Purchasing
Operations Manual. We have made substantial in -roads and revisions, documentation and dissemination
of the policy and procedures that underlie purchasing score function. Training has been always a
consistent activity to correlate with the release of each new set of policy and procedures. Purchasing also
has embraced initiative documenting policy and procedures for monitoring and recording vendor
performance, which has been an expressed concern of this Commission, particularly Commissioner Gort,
and contract administration. The policy and procedures inform users of their responsibilities in insuring
contract compliance by vendors. Further, users are provided a consistent process for evaluating and
documenting vendor performance. The City Commission also approved legislation that has made it very
clear that the City is not going to be bound by any orders for goods or services, which do not flow through
the procurement process. Letters have been sent to all vendors in the City's database to reiterate this
policy and advise of the legislation. All newly registered vendors also receive a letter from me on that
same policy. Additionally, each employee received this information as -- or as part of a paycheck
attachment. On the horizon, what do we plan to do in the future? While we believe that we have enjoyed
a good deal of progress in a relatively short period of time, we believe that the changes have been
institutional, and that they will continue beyond any single administration. However, Commissioners --
and I hope you will hear me -- there are several challenges that remain in our quest for excellence.
Currently, the City Charter requires that procurements of personal property and services that exceed forty-
five hundred dollars ($4,500) receive Commission approval. This bid seriously -- this bid limits seriously,
seriously, seriously compromises --
Commissioner Winton: How was that? How was that?
Ms. Carter: Pretty serious. Pretty serious. It compromises in the worst of ways the Department's
efficiency and effectiveness. We have been unsuccessful in identifying any other jurisdiction in the State
of Florida that has a bid limit so low. Purchasing submitted this item for consideration of prior Charter
Review Committees, though the item was not placed on any ballot. A Charter Review Committee, I
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understand, has been recently impaneled, and we will continue to vigorously pursue and advocate for this
Charter amendment. As you may recall, the City Commission awarded a contract to Arthur Andersen to
produce an information technology strategic plan that will address the multi -departmental technology
needs of the City. Purchasing already has a list waiting. We envision an opportunity, Commissioners, to
participate in the electronic commerce through the Uniform Electronic Transactions Act of 2000.
Utilization of E -procurement in local government offers the benefits of a secure and paperless system,
streamlining the procurement process, maximizing the City's purchasing power, and access to greater
information and time to improve strategic decision-making. E -procurement solutions include on-line
vendor registration, on-line auctions, electronic notices of bid solicitations, electronic bidding, EDI
purchase orders, on-line ordering, electronic billing and payment, imaging, electronic document
management and purchasing cards. Ah, purchasing cards. With proper training and controls, purchasing
cards can be an efficient, cost-effective method of purchasing and paying for small dollar as well as high
volume repetitive purchases. Purchasing cards can be used whenever a purchase order requests for direct
payment or petty cash would have been processed and with any vendor that accepts the credit card. Prior
to program implementation or any individual credit card issuance, eligible employees will be required to
attend training sessions that will provide guidance and clear procedures to follow for determining what
should be bought and how it should be purchased. No employee -- and I repeat -- no employee will be
issued a card without first undergoing the required training and signing a cardholder agreement. The
Purchasing Department, Commissioners, shall continue to research. We shall continue to analyze and
implement those practices that will most benefit the City of Miami. We have made it our business that to
maximize our use of resources shall continue as we continuously raise our level of performance to greater
heights. This proactive effort is key to fulfilling our mission, which is it is to provide comprehensive and
quality procurement services for our internal and external customers through responsive action, dedicated
effort, and a commitment to innovation, excellence, and equal opportunity. Thank you so much. And if
you have any questions, I would be more than happy to answer.
Vice Chairman Gort: Thank you, Ms. Carter. Very good presentation.
(APPLAUSE)
Vice Chairman Gort: Any questions? I have a couple. At the Orange Bowl right now, we have a lot of
City vehicles sitting there. Are those going out for sale or --?
Ms. Carter: I'm not sure if that is the case.
Vice Chairman Gort: There's ambulance cars and --
Ms. Carter: We do auction and sales, but I'm not sure what the status -- We normally do that when there
has been a request. So I have not received a recent request.
Vice Chairman Gort: I mean, I haven't gone by in the last two weeks, but the games have been coming up
and the parking lot --
Christina Abrams (Director, Public Facilities): Right. It's an auction for sale.
Vice Chairman Gort: When is that going to take place?
186 9/14/00
Ms. Abrams: I'm not exactly sure, but I'll find out for you before the end of the Commission meeting.
Vice Chairman Gort: And you are?
Ms. Abrams: I'm sorry. Christina Abrams, Director of Public Facilities. Thank you.
Vice Chairman Gort: OK. Thank you. Because you got the Orange Bowl games coming up and --
Ms. Abrams: October 7th is the FSU (Florida State University) game.
Vice Chairman Gort: OK. Thank you. The information and technology, I understand everybody is
moving into that, but we have to be very careful. I think many of the businesses within the City of Miami
would not have the capability to do so.
Ms. Carter: I'm very concerned about that.
Vice Chairman Gort: So it's something that we have to be concerned about.
Ms. Carter: Absolutely.
Vice Chairman Gort: And I'll give you one example. We do a lot in my business, and the other day, we
received a -- some notification of transactions we were doing. Not even our people in New York could
translate what was going on for some reason. So this is something that we have to be very careful with.
Ms. Carter: I totally agree with you, sir, and I'm very sensitive to that.
Vice Chairman Gort: And the last question is, on the non -respondents, what was the main reason or the
highest reason for the non -respondents?
Ms. Carter: Well, we'll see a variety. And when I say "a variety," some just plain forgot. OK? Some
misplaced the bid. Some said they weren't able to meet the requirements that we submitted. We have
received that. And you have a few who were not interested, period, in responding to any bid. So you find
that gamut of reasoning.
Vice Chairman Gort: OK. So it's not any one particular issue then?
Ms. Carter: No, no. It's a variation of.
Vice Chairman Gort: Thank you.
Ms. Carter: Mm-hmm.
Vice Chairman Gort: Any other questions? Thank you.
Ms. Carter: Thank you, sir.
187 9/14/00
Vice Chairman Gort: Thank you very much. Thank you all.
Commissioner Sanchez: Excellent presentation.
Ms. Carter: Thank you very much.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I have two questions.
Vice Chairman Gort: Ms. Carter, I think they have two questions.
Commissioner Teele: Ms. Carter, Ms. Carter.
Ms. Carter: Yes, sir. I'm so sorry. I thought I was done.
Commissioner Teele: I want to add my commendation. I think the presentation was extremely
thoughtful. You and your staff obviously gave a lot of time, and it's really good to see the people that
work to make this happen and we're all grateful that you took the opportunity to bring them up. They're
welcome to stay through the budget hearing tonight, too, I'm sure. Two points, though, Ms. Carter. The
biggest problem that I see, as a Commissioner, is the number of emergency procurements. Now, you
totally skipped that whole issue. You know, do you work with department heads to try to reduce? And I
would hope that one of the other things that you would do is work with the Manager to reduce the number
of emergency procurements that we're doing, which, in effect, wind up being sole source procurements. I
didn't talk about the food that was procured today, that we had another emergency procurement. We
approved the food for something, because that was the vendor that has the cafeteria, so that's literally just
keeping the office -- I mean the hours open longer. But I think we need to try to also get more stand-by
contracts. The way to avoid some of this is to have more miscellaneous and stand-by contracts. We know
-- I mean, FEMA (Federal Emergency Management Agency). has a good model on that. We know that if
there is a hurricane warning going into mobilization, we're going to have to buy food. We're going to
have to do that. We ought to just go ahead and procure that on a stand-by basis. There's nothing wrong
with doing stand-by contracts. The second thing is, you know, you made reference to the State contract.
And I accept responsibility for getting the director to come down here and all that. But I would much
rather you give me the credit for the piggybacking, because, you know, we went around on that for 18
months before we got you to agree to piggybacking.
Ms. Carter: That is true, absolutely. You better believe it. You were.
Commissioner Teele: And so if you're going to memorialize me or my contribution, please memorialize it
in the piggybacking.
Ms. Carter: Absolutely.
188 9/14/00
•
Commissioner Teele: Because that's going to have far-ranging impact forever with the City.
Ms. Carter: Yes. And it has. And we have had a substantial increase in the utilization of those. And I
thank you.
Commissioner Teele: Thank you.
Vice Chairman Gort: Any other questions?
Ms. Carter: One of the things I'd like to say in response to Commissioner Teele is that I totally agree with
you. You're going to have before you, probably in October, because what I found more often is a need for
a lot of construction -related repairs and improvements, contracts normally that would be issued by Public
Works, but they're small contracts. And I'm going to come to you for approval to -- for a qualified list of
contractors in every trade for twenty-five thousand dollar ($25,000) projects, so that at the time there is a
need for repair that we can absolutely move forward and get it without having an emergency.
Commissioner Teele: We can talk about it. But let me just say this: That's one way to do it. I would
much rather see you do miscellaneous and put them on a list. And let me tell you the problem with what
you're going to do. Everybody, to qualify, is going to have to come up with insurance, with this -- you
know, it cost money to do business with government. It's fine to find somebody that can do a twenty-five,
ten thousand dollar ($10,000) job. But when you start -- and it cost them money. Once they submit the
paperwork, they're paying another six hundred, eight hundred dollars ($800). OK? I would be a lot more
comfortable if you looked at miscellaneous, where you got five or six and say, OK, and we're going to
award -- we're not giving them any amount, but we're looking at -- Sidewalk is a good example, where
Risk Management really should be working with it. We're going to always need sidewalk repairs being
done. And what we should do is get people to give us a quote on a per -foot basis, so that they can have a
three-year contract and wind up getting thirty, or forty or fifty thousand dollars ($50,000), at least in cost
to recover the dollars. But it cost money to qualify. I mean, it's totally different from doing business on
the private side. So I agree with where you're going, but you know, continue to think it through, and
thank you.
Ms. Carter: We'll consider that, too, absolutely. Absolutely. Thank you.
Vice Chairman Gort: Thank you. Any other questions, comments? Thank you, ma'am.
189 9/14/00
59. DEFER DISCUSSION CONCERNING LAW ENFORCEMENT TRUST FUND TO OCTOBER
12 COMMISSION MEETING.
Commissioner Teele: Can we do some pocket items? We got other items?
Vice Chairman Gort: Do you guys want to go into the LETF (Law Enforcement Trust Fund)?
Commissioner Teele: What?
Commissioner Sanchez: Law Enforcement Trust Fund?
Vice Chairman Gort: You guys want to go into the report, Law Enforcement Trust Fund?
Commissioner Teele: What's the problem?
Carlos Gimenez (City Manager): Agenda item 52.
Vice Chairman Gort: We all got -- we requested, we have been requesting for quite a bit -- the report on
all the expenditures on the LETF. And in front of you is a report on all the expenditures and all the funds
that have come in, and the different agencies and programs that have been funded throughout the years.
Commissioner Sanchez: Mr. Vice Chairman.
Vice Chairman Gort: Yes.
Commissioner Sanchez: Why -- just a suggestion for the floor. Why doesn't he just meet with each of us
separately, and then we can bring this back up at the next Commission meeting and have more
information.
Commissioner Teele: Yeah. In fact, I'd like to bring it up in the first meeting in October, if you don't
mind.
Vice Chairman Gort: OK. Thank you, Chief. Great presentation.
Note for the Record: Agenda item 52 was deferred to the regularly scheduled Commission meeting
of October 12, 2000.
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0
60. SCHEDULE JOINT MEETING BETWEEN CERTAIN OFFICIALS OF CITY AND COUNTY
TO BE HELD BEFORE SEPTEMBER 30, 2000, TO DISCUSS ISSUES CONCERNING BOTH
GOVERNMENTAL ENTITIES, INCLUDING. PENDING LITIGATION, VARIOUS FINANCIAL
MATTERS SUCH AS PARKING SURCHARGE, U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT PAYMENT IN LIEU OF TAXES (US HUD PILOT) PROGRAM, TRADE CENTER,
BASEBALL STADIUM, 55 -ACRE FEC RAIL TRACK, TAX INCREMENT DISTRICT, MIAMI
RIVER AND PORT OF MIAMI EXPANSION; DESIGNATING ATTENDANCE OF MAYOR JOE
CAROLLO, MAYOR ALEX PENELAS, A COMMISSIONER FROM CITY AND A COMMISSIONER
FROM COUNTY -- SELECTED BY RESPECTIVE MAYOR, CITY ATTORNEY AND COUNTY
ATTORNEY; DIRECT ISSUANCE OF JOINT REPORT BY BOTH COUNTY AND CITY
ATTORNEYS NO LATER THAN NINETY DAYS AFTER MEETING.
Vice Chairman Gort: All right, pocket items.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: I would like to bring up two items. The first item -- and again, this goes to the City
Attorney and the Manager. We have won the first round of a very important lawsuit relating to the
parking surcharge. And I add my commendation to the Manager and the legal team in working through
this. And it might be good, Mr. Attorney, if we could, at some point, you know, receive the lawyers that
handled that case, because that's very important. I'd like for them to appear at the next Commission
meeting and just receive a proper "thank you," because they're ain't going to get no raise. I'm only
joking. But I think with the election of the County Mayor, you know, we're at a point -- and I'm well
aware that our Manager has been working behind the scenes very hard in trying to get some of these issues
on the table. But let me say this. I'm sorry Commissioner Regalado is not here. This is very important,
Commissioners and colleagues, because I'm going to take a very, very hard line on this: And I hope,
Commissioner Gort, you follow me. The City consistently is letting ourselves get used and manipulated
in this process. And we don't need to have a lot of rhetoric, I don't think, at this point about who's doing
who and who's zooming who and how all this goes down. We need to try to see if we can pull up and
negotiate a total and holistic approach to many of the problems that the City of Miami is having. Now, the
resolution that I am proposing is a resolution of the City of Miami Commission calling for a joint meeting
between certain officials of the City of Miami and Miami -Dade, to be held prior to the end of the budget,
September 30"', for the purpose of discussion of resolutions of issues concerning governmental entities,
including but not limited to pending litigation, various financial matters, the parking surcharge, the U.S.
Department of Housing payment in lieu of taxes, the trade center, the baseball stadium, the Port of Miami
expansion; designating on behalf of the City, the City Mayor, Joe Carollo; and from our part again, Mayor
Penelas, a Commissioner from the City of Miami and Miami -Dade, selected by each of the two Mayors,
and the Miami -Dade Attorney and the City Attorney, directing the issuance of a report by both not later
than 90 days after such meetings; and further directing the City Clerk to transmit a copy of the meetings to
the officials, and to make the meetings .public at the appropriate time. This is a first step. I've spoken to
Mayor Penelas briefly on this. We need, before we get into a head-on clash on a number of issues, we
need to try to negotiate our way through this. This Commissioner was used, for example, within the last
30 days. You remember I brought up a pocket item on the Performing Arts Center, because they wanted
to get to work on the Performing Arts Center. And what happens is the County comes to us, one by one
191 9/14/00
0 9
to get to work on the Performing Arts Center. And what happens is the County comes to us, one by one
by one. I know for a fact, the Mayor is very excited about the port expansion on Watson Island and other
things. And so everything goes one at a time, based upon the agenda that's being pushed by "Big
Brother." I think we need to all sort of understand that we have some serious issues. The Manager has
come into this with no agenda. And I think it's fair to say that he's almost surprised to see how aggressive
these agendas can be pursued on the other side. I think that's a fair statement to say you were surprised.
Carlos Gimenez (City Manager): Somewhat surprised. But, yeah, they are extremely aggressive. And I
agree with you, the City hasn't been aggressive enough in dealing with the County.
Commissioner Teele: So this resolution is simply saying to our Mayor, to the Mayor of the County, to the
extent that, you know, they want to involve anybody else -- the Managers have already met. Is that a fair
statement?
Mr. Gimenez: Yes, sir, we had one meeting.
Commissioner Teele: You all haven't really, I mean, come to a whole lot of decisions or conclusions.
Mr. Gimenez: There were some agreements that we were going to take some steps to do some studies on
certain properties. The main issue of the surcharge, however, you know, was left to the courts.
Commissioner Teele: I really do think that there is an opportunity here. You know, it's just going to be a
matter of hours before we start talking about Watson Island. Now, I've got to tell you, I am not going to
support moving forward with a port terminal on Watson Island or anything else that the County has got a
real need for until some of the City's needs are met with. And, you know, everybody is going to -- the
lobbyists are going to all come whisper in our ear, and they're all going to kiss up. And, you know, we
read very well about how the County works with lobbyists. And before long, you know, one by one, we'll
wind up arguing with each other. OK? And we need to avoid that, because, I've got to tell you, they've
got a strategy. And I think what we need to do now is to say we're going to empower our Mayor to move
forward with this. We can hope that the Managers will continue to maintain a dialogue and to work some
of these things, but I think this is a very good time for Mayor Carollo and Mayor Penelas to try to work for
the best interest of the community, and so I would so move.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion.
Commissioner Winton: Question. The list of items was enumerated here, and I don't remember, did it
say "and other issues"? I mean can --
Commissioner Teele: And any other issues. Mr. Attorney, not to the exclusion --
Commissioner Winton: --of.
192 9/14/00
Alejandro Vilarello (City Attorney): It included but did not limit to the discussion of the items that were
mentioned specifically.
Commissioner Winton: OK. Good. Because, Commissioner Teele, one item that's going to be coming
up, it's in your district, and it's another battle ground that's already bubbling to the surface, is the long-
term use of the 55 -acre FEC (Florida East Coast) railroad site just south of the Miami Design District.
And it's been -- we've had a lot of discussions with the port and others in this whole FEC Corridor
Redevelopment Task Force. So .as the Manager knows, he's been sitting in these meetings, another big
issue coming.
Commissioner Teele: Well, and I think it's really important that we feed into the Manager -- and Mr.
Manager, it would really be helpful to us if you would give each of us a briefing on what these issues are
so we can make sure that all of the issues -- I mean, you've got the issue that I know Commissioner
Sanchez has been watching, the Miami River. You know, they want to create a tax increment district.
Well, yeah, I mean, you know what that deal is. Our millage is nine mills; theirs is four. They run the
district and we put up the money. I mean, so, I mean, there's got to be some ways around that. I mean, I
wouldn't mind going 50/50 with the County on a district around the Miami River. I think it makes sense.
I don't mind going for a special district. But we've got to have some degree of equilibrium here. We just
can't keep writing checks. The Performing Arts Center is a horrible deal for the City, but it was our deal.
And we need to go ahead and not make the same mistakes. And so I fully agree with what you're saying
on that, not to the exclusion of other issues.
Commissioner Winton: In fact, I would like to --
Vice Chairman Gort: Commissioner Teele, I can tell you from experience, I've had the opportunity for
the first time to get something moving, because we brought to the table, the County, the state and the City,
and we all sat down and we all looked at the benefit that any one project would do for all three
jurisdictions. So I think this will be very important. I think we need to sit down. We need to realize we
need to start working as a team. And I can tell you, at the League of Cities, one of the things we did is the
Gold Coast, we have all three counties working together with our . legislators on the issues that are
common to all three counties. And this is the only way we're going to get things accomplished.
Commissioner Winton: Commissioner Teele --
Vice Chairman Gort: Yes.
Commissioner Winton: -- if you don't mind, I'd like to specifically add the FEC rail, 55 -acre FEC rail
track to this list.
Commissioner Teele: Absolutely. I would add the FEC rail and the tax increment district along the
Miami River.
Vice Chairman Gort: Any further discussion? All in favor state it by saying "aye."
The Commission (Collectively): Aye.
193 9/14/00
•
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-793
A RESOLUTION OF THE MIAMI CITY COMMISSION CALLING
FOR A JOINT MEETING BETWEEN CERTAIN OFFICIALS OF THE
CITY OF MIAMI AND MIAMI-DADE COUNTY TO BE HELD
BEFORE SEPTEMBER 30, 2000, TO DISCUSS ISSUES
CONCERNING BOTH GOVERNMENTAL ENTITIES, INCLUDING
BUT NOT LIMITED TO PENDING LITIGATION AND VARIOUS
FINANCIAL MATTERS, SUCH AS THE PARKING SURCHARGE,
THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT PAYMENT IN LIEU OF TAXES (US HUD PILOT)
PROGRAM, THE TRADE CENTER, THE BASEBALL STADIUM,
THE 55 -ACRE FEC RAIL TRACK, THE TAX INCREMENT
DISTRICT, THE MIAMI RIVER, AND THE PORT OF MIAMI
EXPANSION; DESIGNATING ATTENDANCE OF THE FOLLOWING
OFFICIALS: MAYOR JOE CAROLLO, MAYOR ALEX PENELAS, A
COMMISSIONER FROM THE CITY OF MIAMI AND A
COMMISSIONER FROM MIAMI-DADE COUNTY-- EACH
SELECTED BY THE RESPECTIVE MAYOR, THE CITY ATTORNEY
AND THE MIAMI-DADE COUNTY ATTORNEY; DIRECTING THE
ISSUANCE OF A JOINT REPORT BY BOTH THE MIAMI-DADE
COUNTY AND CITY ATTORNEYS NO LATER THAN NINETY
DAYS AFTER THE MEETING; AND FURTHER DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO
THE OFFICIALS 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
194 9/14/00
61. (A) ESTABLISH OUTDOOR ADVERTISING REVIEW BOARD AND
DIRECT MANAGER TO PROVIDE ALL NECESSARY ASSISTANCE TO BOARD,
PURPOSE OF HAVING BOARD REVIEW CITY POLICIES AFFECTING
OUTDOOR ADVERTISING AND REPORT BACK TO CITY COMMISSION
WITHIN NINETY DAYS; FURTHER DIRECT MANAGER TO IMMEDIATELY
AUDIT ALL OUTDOOR ADVERTISING FACILITIES FOR COMPLIANCE AND
RECOMMEND PLAN FOR ENSURING COMPLIANCE.
(B) APPOINT ANDY HANCOCK AS MEMBER OF OUTDOOR
ADVERTISING REVIEW BOARD.
Vice Chairman Gort: Any other pocket items?
Commissioner Teele: Mr. Chairman, the only other pocket item is an item -- maybe -- I
guess Frank Rollason is aware of this. Maybe we -- I created some of this; we tripped it
off. The New Times, of course, has been very much in the vanguard of looking at this,
and I want to give some acknowledgement to The New Times. We have a problem with
the outdoor billboard signs. We were looking at certain areas in the district that I
represent, and one of the young, bright men that was standing there with Frank Rollason,
giving him ideas, I guess, said, "Hey, how did that sign get there? That sign shouldn't be
there." And sure enough, it was a sign that may or may not have even ever been there.
This resolution doesn't say it, but I want to say it very clearly. I want to see greater --
Mr. Attorney, I want to see greater protections and safeguards to neighborhoods and
communities by requiring .more public notice and public hearings before these signs go
up. And I specifically would like to see this in areas that are residential and commercial,
as opposed to, say, industrial areas that are zoned. But this resolution 7 -We have
somewhat of a crisis, and I think the staff has identified enough of these things that we
need to make sure that -- the way the ordinances read now, the property owner, who is
the most -- who is the less knowledgeable person about signs and sign ordinances in this
chain of three or four people that are involved, we've put all that responsibility on them.
This is a resolution of the City Commission establishing an Outdoor Advertising Review
Board, and directing the Manager to provide all necessary assistance to the Review
Board, with the express purpose of having the Review Board to review City policies
affecting outdoor advertising, and reporting back within 90 days -- within 90 days, not
200 -- 90 days; and further directing the City Manager to immediately audit all outdoor
advertising facilities for compliance, and to recommend remedial, corrective and a
transitional plan to insure future compliance. This is another -- hopefully, a 90 -day
committee. I think what we need to do is get some people that know. I would ask that
the Commissioners be allowed to file their appointments by resolution -- I mean by
memorandum. It applies for the Commission to appoint one person, the Mayor to appoint
a person, the Manager to be there and the Commission to have one at -large appointment.
And it's something that's very needed right now. And I know we're having all kind of
compliance issues. So I would so move.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Winton: Second.
195 9/14/00
Vice Chairman Gort: Discussion. Being none --
Commissioner Sanchez: Discussion, discussion.
Vice Chairman Gort: Discussion.
Commissioner Sanchez: Also to look into seeing if we're getting the adequate fees that
they're paying, and also to make sure that the signs, all the billboards, if we're referring
to billboards --
Commissioner Teele: Outdoor billboards, yeah.
Commissioner Sanchez: -- outdoor billboard, that require they all have permits. And I'm
sure they do.
Commissioner Teele: Well, that's what we said, to audit, to do a full audit.
Commissioner Sanchez: Exactly. Because I believe that the City may not be getting its
full share of what's -- they're coming, you know, intending to come into the City.
Vice Chairman Gort: Does the maker of the motion accept the amendment?
Commissioner Teele: Yes, sir.
Vice Chairman Gort: Does the seconder of the motion accept the amendment?
Commissioner Winton: Yes, I do.
Vice Chairman Gort: OK. Any further discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
196 9/14/00
The following resolution was introduced by Commissioner Teele, who moved for its
adoption:
RESOLUTION NO. 00-794
A RESOLUTION OF THE MIAMI CITY
COMMISSION ESTABLISHING AN OUTDOOR
ADVERTISING REVIEW BOARD ("REVIEW
BOARD") AND DIRECTING THE CITY MANAGER
TO PROVIDE ALL NECESSARY ASSISTANCE TO
THE REVIEW BOARD, WITH THE EXPRESS
PURPOSE OF HAVING THE REVIEW BOARD
REVIEW CITY POLICIES AFFECTING OUTDOOR
ADVERTISING AND REPORTING BACK TO THE
CITY COMMISSION WITHIN NINETY DAYS;
FURTHER DIRECTING THE CITY MANAGER TO
IMMEDIATELY AUDIT ALL OUTDOOR
ADVERTISING FACILITIES FOR COMPLIANCE
AND RECOMMEND A REMEDIAL, CORRECTIVE
AND TRANSITIONAL PLAN FOR ENSURING
COMPLIANCE.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: I would move Andy Hancock as the at -large member of this
committee. He's a person who's a local young man who's very much involved in it.
197 9/14/00
And he's indicated to me an interest in trying to be positive and work with the industry.
So I would so move Andy Hancock.
Commissioner Regalado: Second.
Vice Chairman Gort: OK. It's been moved and seconded, the nomination of Andy
Hancock. Any others? Any other nominations?
Commissioner Sanchez: Any other nomination? Well, at this time --
Commissioner Teele: And we said that names could be filed with the Clerk. But we
need to get moving. This is not something we want to drag out and get 90 days before we
start getting it organized.
Vice Chairman Gort: OK. I'll send mine today. I have the card in the office. OK. All
in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its
adoption:
RESOLUTION NO. 00-795
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE OUTDOOR
ADVERTISING 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 Regalado, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
198 9/14/00
62. DIRECT MANAGER TO ENFORCE PROVISIONS OF STATE STATUTE AND CITY
ZONING ORDINANCE WITH REGARD TO APPLICATIONS FOR SITING NEW COMMUNITY-
BASED RESIDENTIAL FACILITIES OF ANY SIZE WHERE OTHER COMMUNITY-BASED
RESIDENTIAL FACILITIES OF ANY SIZE . EXIST WITHIN PROHIBITED DISTANCE FROM
PROPOSED SITE; DIRECT MANAGER TO COMMISSION WITH PROPOSED AMENDMENT TO
ZONING ORDINANCE TO PROVIDE FOR INDIVIDUAL REVIEW OF ALL NEW APPLICATIONS
FOR COMMUNITY RESIDENTIAL HOMES (SEVEN TO FOURTEEN RESIDENTS).
Vice Chairman Gort' Commissioner Regalado, do you have any pocket items?
Commissioner Regalado: Yes, Mr. Chairman. I have a resolution relating to community-based residential
facilities. What this resolution does is directs the, City Manager to enforce the provisions of the State
Statute and the City Zoning Ordinance with regard to application for placing new community-based
residential facilities. But it also requests the administration and directs the City Manager to present the
City Commission with a proposed amendment to the City of Miami's Zoning Ordinance to provide for
individual review of all new applications for community residential homes that is 7 to 14 residents. And
the reason for this is that they can detern- ine whether the nature and character of the area will be altered by
approval of a particular application, and to further provide that if the City makes such determination, the
application shall be denied. And I was told by the City Attorney that we need to change the Zoning
Ordinance. It has to go to Planning. But meanwhile -- and what I would request is that we have this
process expedited, because I'm telling you, in the Shenandoah area, they are buying homes like bread.
And the people -- the problem that this is causing is that the people next to those homes are trying now to
sell their homes. And the problem also is that these are mixed use. They are bringing people who we all
respect, but have -- some are mentally challenged. And they go around, and when, you know, when the
police goes to pick them up and bring them back, the sole person that is taking care of that home says,
"Well, you know, give them the Baker Act and send them somewhere." But that's not the case. If you go
to 16th Street, Southwest 22nd Avenue, you will see a problem there. These poor people may -- I mean,
they have not been killed by automobiles because of a miracle. They just cross the street when they're --
and they panhandle. And, you know, we have to be human about it, but they -- these homes are
destroying --
Commissioner Winton: Second the motion.
Commissioner Regalado: -- most of our --
Vice Chairman Gort: There's a motion and there's a second. We have a map -- and I'm sorry I don't
have it here -- that shows all the social service agencies that exist within the City of Miami. And at one
time, we said we do not want any more within the City of Miami. There's a motion and a second.
Commissioner Regalado: Yeah, but, Mr. Chairman, these are -- if you want to make some money, you go
out and buy a home, bring some people. You get their Social Security check. You know, you have an
employee who is not supposed --a nurse, just cooks for them. And they go around --
Vice Chairman Gort: We agree with you.
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Commissioner Regalado: But my question is, when can we have the amendment to the Zoning
Ordinance?
Dena Bianchino (Assistant City Manager): Commissioner, in response to your request, we have an
ordinance prepared as a draft which we'll share with you. It's scheduled for the PAB (Planning Advisory
Board) on October 1 grh.
Commissioner Regalado: OK.
Ms, Bianchino: It will come before the City Commission for first reading, hopefully, the first meeting in
November. And it's done.
Commissioner Regalado: OK.
Vice Chairman Gort: OK.
Ms. Bianchino: But we would like you to review it and make sure it covers all your concerns.
Commissioner Regalado: OK.
Vice Chairman Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying
LL "
aye.
The Commission (Collectively): Aye.
200 9/14/00
171
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 00-796
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATING
TO COMMUNITY-BASED RESIDENTIAL FACILITIES;
ESTABLISHING. POLICY TO DIRECT THE CITY MANAGER TO
STRICTLY ENFORCE PROVISIONS OF THE STATE STATUTE AND
THE CITY ZONING ORDINANCE WITH REGARD TO
APPLICATIONS FOR SITING NEW COMMUNITY-BASED
RESIDENTIAL FACILITIES OF ANY SIZE WHERE OTHER
COMMUNITY-BASED RESIDENTIAL FACILITIES OF ANY SIZE
EXIST WITHIN THE PROHIBITED DISTANCE FROM THE
PROPOSED SITE; DIRECTING THE CITY MANAGER TO TAKE
THE NECESSARY STEPS TO PRESENT THE CITY COMMISSION
WITH A PROPOSED AMENDMENT TO THE CITY OF MIAMI
ZONING ORDINANCE TO PROVIDE FOR INDIVIDUAL REVIEW
OF ALL NEW APPLICATIONS FOR COMMUNITY RESIDENTIAL
HOMES (SEVEN TO FOURTEEN RESIDENTS) SO THAT THE CITY
CAN DETERMINE WHETHER THE NATURE AND CHARACTER
OF THE AREA WOULD BE SUBSTANTIALLY ALTERED
NEGATIVELY BY APPROVAL OF A PARTICULAR APPLICATION;
AND TO FURTHER PROVIDE THAT IF THE CITY MAKES SUCH
DETERMINATION, THE APPLICATION SHALL BE DENIED.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
201 9/14/00
63. CARNAVAL INDEPENDENCIA DE CENTRAL AMERICA Y MEXICO FESTIVAL TO BE
HELD ON SEPTEMBER 17, 2000, IN NORTHWEST 7TH STREET FROM NORTHWEST 18T" TO
22ND AVENUES, AUTHORIZE ISSUANCE OF ONE -DAY PERMIT FOR SALE OF ALCOHOLIC
BEVERAGES; AUTHORIZE WAIVER OF ALL FEES PERMISSIBLE. BY CODE, WITH
CONDITIONS.
Vice Chairman Gort: Any other items?
Commissioner Regalado: Yeah. There is a resolution regarding the extension on the amnesty period to
bring illegal construction into compliance.
Commissioner Sanchez: No, Tomas, we're doing pocket items. That's your Commissioner item.
Commissioner Regalado: Oh, OK.
Commissioner Sanchez: We're going to do the pocket items.
Commissioner Regalado: OK. The other pocket item that I have is a resolution of the Miami City
Commission related to the Carnaval Independencia of Central America and Mexico. That is going to be
held this Sunday in the Northwest 7th Street, from Northwest 181h to 22nd Avenues in the City of Miami;
authorizing a one -day permit for the sale of alcoholic beverages during said event in the area designated;
authorizing a waiver of all fees permissible by the Code of the City of Miami. SO I'll move this.
Commissioner Sanchez: Second.
Vice Chairman Gort: There's a motion and a second. Discussion. Under discussion.
Commissioner Winton: Just a comment again. It seems to me that at every meeting, we've got a festival,
or a parade or something where everybody wants to waive the fees. I don't know why we just don't waive
the fees on all of these, you know. We waive fees routinely now. And if we're going to have that kind of
process, it seems to me to be patently unfair that somebody still gets stuck out there for letting everybody
else get away. You know, I don't understand what the rule is. So.
Commissioner Sanchez: Mr. Vice Chairman that's --
Vice Chairman Gort: Yes.
Commissioner Sanchez: If I may just -- That is one of the reasons why I believe that the City Manager
should expedite the plan proposed by this Commission to either, one, allocate an amount, which I believe
could be anywhere in the neighborhood of sixty thousand dollars ($60,000) to be deemed by that
Commissioner for any event in his community. We had agreed to put something together where the --
each Commissioner would select one, or two or maybe three events that go on in their community. And I
have not seen anything come back, although I know that my office did send the City Manager a written
memo saying which event we wanted to sponsor.
202 9/14/00
Carlos Gimenez (City Manager): Commissioner, we have in next year's budget allocated approximately
three hundred thousand dollars ($300,000) for that purpose, giving everybody basically fifty thousand
dollars ($50,000), and the Mayor, you know, fifty thousand, also, so they can allocate that to whatever
events they want.
Vice Chairman Gort: As I recall, you requested -- and I didn't send any form in -- you requested from
each one of us if we wanted to sponsor any particular ones. I know I did not. At that time, I didn't have
any event that I wanted to sponsor. I don't know if you guys answered that. But Commissioner Winton
has got a point there. We have to make a decision which of the events that we're going to sponsor. And if
we vote to waive the fee on these individuals on 7ch Street, I'd like to see a commitment from this group,
like they do with Calle Ocho and other organizations, that they come back and they do some work within
the streets that are going to be selected.
Commissioner Sanchez: Well, if I may, to that --
Commissioner Regalado: They have spoken to Mr. Diaz, the NET (Neighborhood Enhancement Team)
Coordinator, and in exchange, they will do community work, and clean up not only the area, but they'll
come back to all the little -- East Little Havana and clean up. They have -- they are willing to do
community hours.
Vice Chairman Gort: Well, the reason I'm requesting this is because I got a call from a couple of the
members of the Festival Committee that we have, and their recommendation was that each one of these
organizations should come, back and give something back to the neighborhood where they're working at.
And I think we should make that part of the -- if you accept that, that should be part of your resolution.
Commissioner Sanchez: They should commit themselves to one community project, whatever it may be -
- cleaning up a park, painting graffiti -- one community project per event like this. I know -- listen,
Johnny, I fall in the same aspect that you do. I'm not too much into waiving fees. I know that sometimes,
to get events going in our community, one -- you haven't heard the last one asking for waiving fees,
because I will be coming up with one for Los Viernes Culturales, which has been a tremendous success in
Little Havana.
Commissioner Teele: For what?
Commissioner Sanchez: The Cultural Fridays in Little Havana, which I will provide you more
information on. But sometimes -- you know, this is a waiver of probably a thousand, five hundred dollars
($1,500). We sit here, and of course, you know, these events come up, and Commissioners help. out to get
them going. And after a while, I think that they could fall on their feet and not have to require waiver of
fees. But, you know, it's hard to stand up here and say we're not -- and believe me, I have a strict policy
at Bayfront Park which we don't waive fees.
Vice Chairman Gort: OK. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
203 9/14/00
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 00-797
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO
THE CARNAVAL INDEPENDENCIA DE CENTRAL AMERICA Y
MEXICO FESTIVAL (THE "FESTIVAL"), TO BE HELD ON
SEPTEMBER 17, 2000, IN THE AREA OF NORTHWEST 7" STREET
FROM NORTHWEST 18TH TO 22ND AVENUES, MIAMI, FLORIDA;
AUTHORIZING THE ISSUANCE OFA ONE -DAY PERMIT FOR THE
SALE OF ALCOHOLIC BEVERAGES DURING SAID EVENT IN THE
AREA DESIGNATED HEREIN; AUTHORIZING THE WAIVER OF
ALL FEES. PERMISSIBLE BY THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, WITH SAID AUTHORIZATIONS
CONDITIONED UPON THE ORGANIZERS: (1) OBTAINING ALL
PERMITS REQUIRED BY LAW, INCLUDING BUT NOT LIMITED
TO A TEMPORARY PERMIT TO SELL ALCOHOLIC BEVERAGES
BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATION,
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,
PURSUANT TO SECTION 54-13 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED; (2) PAYING FOR ALL OTHER
NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE
TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY
THE CITY MANAGER OR HIS DESIGNEE; (4) ADVISING ALL
ADJACENT BUSINESSES, PROPERTY OWNERS AND RESIDENTS
OF STREET CLOSURES ASSOCIATED WITH SAID EVENT; (5)
INSTITUTING AN IDENTIFICATION PROGRAM TO ASSURE THAT
ONLY THOSE INDIVIDUALS OVER THE AGE OF TWENTY-ONE
MAY PURCHASE ALCOHOLIC BEVERAGES; (6) PROVIDING AND
ORGANIZING ONE COMMUNITY IMPROVEMENT PROJECT FOR
THE COMMUNITY; AND (7) COMPLYING WITH ALL
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY
THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
204 9/14/00
0
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
205 9/14/00
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64. "VIERNES CULTURALES" [CULTURAL FRIDAYS] ON S.W. 8TH STREET AND 15TH
AVENUE, WAIVING PERSONNEL, SOLID WASTE AND EQUIPMENT COSTS INCURRED BY
SEPTEMBER 29, 2000 EVENT.
Vice Chairman Gort: Commissioner Sanchez, you have any pocket items?
Commissioner Sanchez: Well, Johnny, here we go again. Once again, Cultural Fridays is an event that
has been sponsored in Little Havana and has had great significant success. We have been able to bring
what I consider an economical impact to an area that really needed it, and it's been done by the efforts of
not only the City of Miami sponsoring this event, but also by the merchants, and local businesses and
corporations that have joined up now to sponsor this event. This is the fifth Friday, the fifth event that
we're holding. We hold it on the third. Friday of every event. We started the first event, I think only about
500 to 600 people. The last one that we had, we had close to about 7,000 people participate. It gives the
Stn Street merchants not only an opportunity to make some extra money, but it also gives not only the
residents, the artists and the cultural aspect of it of our community to go out there and they could expose
their talents, they could exhibit their arts, they could show off their arts and crafts and make some money
doing that. And, of course, it creates a carnival atmosphere, which is good for the community. So I would
like to move this resolution of the City of Miami Commission related to the Cultural Fridays event to be
held on September the 291h, which I encourage everyone here and everyone watching on Net -9 to
participate. September 29, 2000, in the area of Southwest 8th Street and Southwest 15th Avenue, Miami,
Florida, authorizing the waiver of all fees and permits permissible by law, authorizing the provision of in-
kind services by the Department of Police, Solid Waste and Parks and Recreation, conditioning said
authorization upon the organizers: One, obtaining all permits required by law, which they shall; two,
paying for all necessary non -waived costs, which they will of the City services and application fees
associated with said event; authorizing insurance to protect the City in the amount as prescribed by the
City Manager or designee; and four, complying with all conditions and limitations as may be prescribed
by the City Manager and designee. I so move.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Regalado: I'll second it.
Vice Chairman Gort: Second. Discussion.
Manuel Diaz (NET Coordinator): Commissioner, Manuel Diaz, NET Coordinator. On the sheet that you
got, it indicates. that the cost is -- insurance is also included in there. They have secured their own
insurance, so they will be providing their own insurance.
Commissioner Sanchez: And just for the record, what is the total amount?
Commissioner Winton: Right.
Mr. Diaz: The total amount would be one thousand, three dollars and seventy-five cents ($1,003.75).
Commissioner Sanchez: And how much, just out of curiosity -- I think we need to educate some people --
how much does it cost to put an event like this, that it's completely free for the community? It opens up
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an area that for a.long time -- believe me, you need to go back to Eighth Street and 15th Avenue. You will
be very impressed. I was very impressed not only to find out that there is not one single -- from 17th
Avenue to 12th Avenue -- one single vacant tenant right now, or storefront that's empty. Second, we have
seen in front of -- right next to a pub an antique store that just moved in. And believe me, antiques are not
cheap, and they're doing very well. Havana to Go is a souvenir shop that opened up next to Dominos
Park. It's doing incredibly well. And guess what? It's not owned by a Hispanic. It's owned by a
minority Afro-American female, who's doing tremendously, a major impact to the area. The area is
picking up not only on the economy aspect of it. We're bringing back tourists to the area, and maybe
sometimes -- there's an old saying in government that says government can feed the people, but it cannot
cure the soul. Well, in this aspect of it, I think that it's doing better. The area is doing much better, and
we should continue. I don't think -- I made it very clear that this is the last time that I would bring a
waiver of such kind, because they did need to come up with some organizational plan money to get the
insurance and come up with start-up money. I know they have it, and I will not come back. This is my
word to this Commission and the taxpayers of Miami. I will not come back with the Cultural Fridays
asking for another waiver.
Commissioner Winton: So they do this once a month, right?
Commissioner Sanchez: Once a month. Once a month and it's the third Friday. It's basically a -- the
fourth Friday and it's a concept similar to Coral Gables, which is Gallery Night.
Commissioner Winton: And so it's only one time out of 12 months in which we would be waiving this
fee, the thousand dollars ($1,000).
Commissioner Sanchez: Just once.
Vice Chairman Gort: Now, the Commissioner has set up the -- the administration has set up the standards
and has set up a budget for it. My recommendation is the'programs that you all would like to sponsor,
please send it up to the Manager so we'll have it set. And then from then on, anybody that comes in,
sorry, we can't do that. We've already selected the ones that we're going to sponsor. I think that's very
important that we do that.
Commissioner Winton: What if we don't want to sponsor any?
Vice Chairman Gort: Then you don't. Then your money is just to go back to the general fund. You
decide what you want to do with that. OK? Any further discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
207 9/14/00
C�
J
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-798
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO
THE CULTURAL FRIDAYS EVENT TO BE HELD ON SEPTEMBER
29,2000 IN THE AREA OF SOUTHWEST 8TH STREET AND
SOUTHWEST 15TH AVENUE, MIAMI, FLORIDA; AUTHORIZING
THE PROVISION OF IN-KIND SERVICES BY THE DEPARTMENTS
OF POLICE, SOLID WASTE, AND PARKS AND RECREATION;
CONDITIONING SAID AUTHORIZATIONS UPON THE
ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY
LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY
SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID
EVENT; (3) OBTAINING INSURANCE O PROTECT THE CITY
MANAGER OR DESIGNEE; AND (4) COMPLING WITH ALL
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY
THE CITY MANAGER OR DESIGNEE.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
208 9/14/00
65. RELATED TO BICENTENNIAL PARK, SELECT FIRMS, WHICH HAVE BEEN PRE-
QUALIFIED - PREVIOUSLY SELECTED BY A COMPETITIVE PROCESS.
Vice Chairman Gort: Any other pocket item? Yes, sir.
Commissioner Winton: I have two. The first — Commissioner Teele, this is a clarification of a resolution
you and I passed at the last meeting on the Bicentennial Park. And frankly, I think it's just simply — I
think it's a technical wording issue. What we want to do — apparently, the wording in the motion said that
select services from firms that have done prior work for the City. And what we want to do .is expand that,
to give us the ability to purchase or to choose services from other professional firms that could be in a
position to assist us with the whole planning at Bicentennial Park.
Commissioner Teele: Second the motion. But the intent of the language was to select firms that have
been previously selected by a competitive process. In other words, you've got about 15 firms that have
been selected under a miscellaneous Public Works process there. Firms range from fifty thousand to two
hundred and fifty thousand dollars ($250,000), about 15 firms that we approved.
Alejandro Vilarello (City Attorney): Prequalified.
Commissioner Teele: Those are prequalified. That's the term.
Commissioner Winton: So we need to find out if that solves all of our problems.
Ana Gelabert (Director, Planning & Zoning): The firms that the Public Works Department has might not
have urban designer or economic analyst, and those are the, type of professional firms we may need, in
addition to what Public Works has.
Commissioner Teele: Second the motion. But I would like to see the list, because, I'm going to tell you, I
looked at that list, and it ranges from the best firms to some of the smallest firms in this community. Have
you looked at the list?
Ms. Gelabert: Yes, I have.
Vice Chairman Gort: OK. Is there a motion and a second? Is there any further discussion?
Commissioner Teele: Second.
Commissioner Sanchez: There's a motion and a second.
Commissioner Teele: Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution. was introduced by Commissioner Winton, who moved its adoption:
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0
RESOLUTION NO. 00-799
A RESOLUTION (PENDING FROM LAW DEPARTMENT)
E
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT:. None
210 9/14/00
66. APPROVE GRANT OF NON-EXCLUSIVE TEMPORARY CONSTRUCTION EASEMENT
ON PORTION OF FERN ISLE SOUTH FORK PARK TO FLORIDA POWER AND LIGHT FOR ITS
USE AS STAGING AREA TO CONDUCT TEMPORARY POWER LINE RELOCATION DUE TO
MDX EAST/WEST EXPRESSWAY (STATE ROAD 836) TOLL PLAZA WIDENING PROJECT FOR
PERIOD OF ONE YEAR OR UNTIL COMPLETION OF CONSTRUCTION OF MDX PROJECT.
Commissioner Winton: And this is a resolution regarding FP&L (Florida Power and Light), and I'll read
the resolution. A resolution of the City of Miami Commission, with attachment, approving a grant of a
non-exclusive temporary construction easement to Florida Power and Light for its use as a staging area to
conduct temporary power line relocation due to the Miami -Dade Expressway Authority East/West
Expressway Toll Plaza Widening Project, and authorizing the City Manager to execute said grant of
temporary construction easement in substantially the attached form on the behalf of the City. And I think
this was passed out to everyone.
Commissioner Teele: Is that 836?
Commissioner Winton: That's 836.
Commissioner Teele: Second the motion.
Vice Chairman Gort: Has staff had an opportunity to look at this?
Commissioner Winton: Staff provided this.
Vice Chairman Gort: Staff. And it's, not going to make any impact in the neighborhoods, on the traffic
within the neighborhoods?
Lori Billberry (Director, Asset Management): No, it does not.
Vice Chairman Gort: OK. Any further discussion? Oh, it's 836. It's right there on 17th and Nine.
Commissioner Teele: Been there and done that, huh?
Vice Chairman Gort: Right in the middle of the district. Any further discussion? Being none, all in
favor, state it by saying "aye."
The Commission (Collectively): Aye.
211 9/14/00
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The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-800
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, APPROVING THE.GRANT OF A NON-EXCLUSIVE
TEMPORARY CONSTRUCTION EASEMENT ON A PORTION OF
FERN ISLE SOUTH FORK PARK TO FLORIDA POWER AND LIGHT
FOR ITS USE AS A STAGING AREA TO CONDUCT TEMPORARY
POWER LINE RELOCATION DUE TO THE MDX EAST/WEST
EXPRESSWAY (STATE ROAD 836) TOLL PLAZA WIDENING
PROJECT FOR A PERIOD OF ONE YEAR OR UNTIL THE
COMPLETION OF THE CONSTRUCTION OF THE MDX PROJECT,
WHICHEVER OCCURS SOONER; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE A GRANT OF TEMPORARY
CONSTRUCTION EASEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
212 9/14/00
67. (A) (CITY OF MIAMI BUDGET) DISCUSSION AND PUBLIC HEARING -- SOLID
WASTE, BILLBOARDS.
(B) FIRST READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS
OF CITY FOR PURPOSE OF TAXATION; FIX MILLAGE AND LEVY TAXES IN CITY FOR
FISCAL YEAR (FY) 2000-2001.
(C) FIRST READING ORDINANCE: MAKE APPROPRIATIONS RELATING TO
OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR (FY) 2001; REVISE
ONGOING CAPITAL IMPROVEMENT PROJECTS AND MAKE APPROPRIATIONS FOR NEW
PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2000-2001.
(D DESIGNATE EACH COMMISSIONER TO WORK DIRECTLY WITH MAYOR ON
ONE OR TWO MAJOR PROJECTS, I.E. DINNER KEY BOATYARD, MARINAS, WATSON
ISLAND, ETC., TO FOSTER COMMUNICATION, EXPEDITE PROJECTS AND BRING REVENUES
TO THE CITY.
Vice Chairman Gort: I guess, Mr. Mayor, you're going to take over the Chair.
Commissioner Sanchez: We're in the Commission items?
Vice Chairman Gort: And since I don't have any pocket items, I'd like to go into the Commission item
I'm not chairing the committee now. You are. I'd like to go into my Commission item.
Mayor Carollo: If you'd like, the only thing I might suggest is since we had tentatively placed on the
agenda for 5:05 the public hearing to discuss the budget, and we have people here waiting just for that, if
maybe you might want to --
Vice Chairman Gort: But I want to make sure we don't leave this out.
Mayor Carollo: Excuse me?
Vice Chairman Gort: I want to make sure we don't leave this out., But that's all right. Let's go into the
budget.
Mayor Carollo: We'll come back to it, like it's usually done.
Vice Chairman Gort: All right.
Mayor Carollo: OK. So if that's OK, we'll go the budget then. We'll be on item 54 now, on the public
hearing to discuss the fiscal year 2001 tentative budget. We have the proposed general operating millage
rate of eight point nine nine five (8.995) for the City of Miami for the fiscal year beginning October 1,
2000 and ending September 31, 2001. It's point zero four seven eight percent (.0478%) below the
rollback rate of eight point nine nine nine three (8.9993). Mr. Clerk, as soon as you have a list of people
that would like to address the. Commission, unless the members of the Commission would like to pursue it
differently, I'd just as soon hear from the public, and then the Commission can discuss and take action.
Carlos Gimenez (City Manager): Mr. Mayor.
213 9/14/00
Mayor Carollo: Yes, Mr. Manager.
Mr. Gimenez: We have a presentation that we'd like to make on this item.
Mayor Carollo: OK. All right. Well, if you have a presentation you want to make, Mr. Manager, then
you certainly can begin, and then we'll listen to the public. In fact, they're still signing up here.
Commissioner Teele: Mr. Attorney, don't you have a script that you're supposed to read before this thing
starts?
Alejandro Vilarello (City Attorney): No. Simply the first item to be considered is the approval of the
millage rate as the authority, and to the extent that the Mayor just announced it, in fact, the millage rate is
below the rollback rate. And that would be the necessary announcement that needs to be made.
Mayor Carollo: Yeah, that's the only necessary announcement. And then the first item that we need to
take up is the adoption of the millage rate. Second would be the adoption of the budget. Go ahead.
Linda Haskins (Director, Management and Budget): Hi. I'm Linda Haskins, Director of Management and
Budget. I wanted to talk a little bit about what we're doing in the -- what the 2001 budget for the City of
Miami looks like. And I've only been here a couple months, but I know that this is a budget that everyone
in the City is very proud of, because it reflects the fact that we can adjust to new situations, watch our
costs, and look out for our citizens' interests. So if we look first and foremost, the budget for 2001 is at
five hundred and ten point five million dollars ($510.5 million). That's for all the funds of the City,
excluding any of the authorities or agencies that we have. The general fund budget is one point one three
percent (1.13%) higher than what the revised budget for 2000 was, three hundred and sixteen million
dollars ($316,000,000). Debt service is up two point six one percent (2.61%) to forty-one point four
million dollars ($41.4 million). The special revenue fund proposed budget is down two point five eight
percent (2.58%) for a total change in the budget of less than six -one hundredths of a percent.
Commissioner Winton: Excuse me. I'm sorry. Could you tell me what the inflation rate was for last
year?
Ms. Haskins: The inflation rate for last year was somewhere right on two percent, a little --
Commissioner Winton: Right around two percent. So our total budget increase is less than half the
Consumer Price Index increase.
Ms. Haskins: Absolutely.
Commissioner Winton: Thank you.
Ms. Haskins: What makes that even more -- what makes us even more proud than keeping our budget at
less than the cost -- than the Consumer Price Index increase is the fact that this budget really does focus on
improving service and infrastructure to our community. In the public safety area, we're looking at
improving the equipment for our Fire and Police, bringing in state of the art equipment for these agencies.
And some of the things that we're doing is buying new communications equipment for them. On the Fire
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side, we're buying thermal imaging units so that they can see through smoke and darkness; improved self-
contained breathing apparatus, in order to monitor fire fighters from the outside; improve the safety for
our fire fighters as they're on the job. And we're also putting in some mobile data terminals for both
Police and Fire. We've also expanded the number of police officers through special revenue funding. In
2001, we will have approximately 201 positions, police positions funded through special revenue funds.
That's an increase of 41 positions over the fiscal year 2000. And by funding police officers through the
special revenue funds, it certainly takes a burden off of our general fund, and enables us to'provide better
services through our general operating revenues. In the NET (Neighborhood Enhancement Team) area,
we will have additional Code Enforcement inspectors, and additional neighborhood cleanups. We're
projecting one neighborhood cleanup per year throughout 2001. And we'll have the advantage of, for the
full year, of 12 additional Code Enforcement inspectors through the NET in 2001. You will see a lot of
effort in the Parks and Recreation area. There is a lot of effort toward improving quality of life for our
citizens. We are -- the Manager and staff are committed to the development of a world-class park service
through planned activities, programs, special events in our City parks. Some of the things that have been
implemented are after-school programs, athletic leagues, learn -to -swim programs, those sorts of activities.
We've also added in this year's budget, at your request, increased involvement in neighborhood festivals.
And the budget provides for fifty thousand dollars ($50,000) per Commissioner and for the Mayor for
participation by the City in neighborhood festivals. We have quite a bit of funding available this year for
implementation of physical improvements to our parks. We've got the Virrick Park Community Center,
the Lemon City Daycare Center, the Hadley Park Community Center, among others. We're expanding
youth crime prevention programs, and that's coming to us through the Police special revenue funding.
They have funded 18 additional positions to be available to the parks for youth crime prevention
programs. We're also forecasting that the historic portion of Virginia Key Beach will be opening in the
summer of 2001. In the Public Works area, again, Public Works and Parks are coordinating for the
improvement of parks, as well as improving the infrastructure of the City. We've got two million dollars
($2,000,000) approximately in the 2001 budget dedicated to sidewalk repairs, surface restructuring --
street resurfacing -- I'm sorry -- and landscape enhancements. And the parks that are designated for
improvement include Moore, Shenandoah, Morningside, Kinloch, Hadley, Buena Vista, Virrick, Kirk
Monroe Tennis Center, Tacolcy and the Seminole Boat Ramp. Those are the ten projects that are being
funded out of the Neighborhood Parks Bond. We're also looking at our intellectual and service delivery
infrastructure. On the Information Technology side, we're taking great strides in looking at E -government
capabilities. There is a position funded for Web Administrator to look at improving our web site, setting
up kiosks to provide better service delivery for our builders, and other constituents of the City. And we've
also begun to develop a strategic -- a long-term strategic Information Technology plan. That started this
year. In fact, it just started this week. And next year, we will begin the implementation of that strategic
plan. On the Community and Economic Development side, we have additional staff in the Building,
Public Works and Planning Departments to expedite the permitting process to meet demand caused by
high development activity in the City. 2001 will benefit from -- for the full year, for the 13 positions that
were added to expedite the permitting process in the mid -year ordinance. So we'll have those 13 positions
for the full year in 2001. And there's the creation of urban revitalization zones to focus on the total needs
of our neighborhoods. And one of the best examples of this is that in our plan, we have the finalization of
the design and financing for the Homeownership Project in the Model City Revitalization District. Now,
those are a lot -- those are samples of some of the things that we're doing to improve the service to our
citizens and keep the economic development going that we're enjoying right now in the City of Miami.
And why we're really proud is that we're doing this by delivering to our citizens the lowest combined
millage rate in over 50 years. The chart that we have here only goes back to 1970.. We've now been able
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to research it back to 1950. And this is the lowest combined millage rate since 1950. And it may be since
before then, but we couldn't find anything before 1950. When we look at the millage rates, there are two
comparisons to make. One is what do our millage rates look like this year compared to last year, and
they're lower than last year. Our general operating millage rate has dropped from nine point five (9.5)
mills to eight point nine nine five (8.995) mils, a drop of five point three two percent (5.32%). Our debt
millage rate has dropped from one point four (1.4) mills to one point two eight (1.28) mills, a drop of eight
point five seven percent (8.57%). That's a total drop of nearly six percent in our combined millage rate.
Another measure to look at millage rates is because we -- as a general rule, property values go up. People
could -- you could keep the millage rate the same and get more taxes. So to adjust for that; we look at the
rollback rate. And the rollback rate, we're assuming that on average; property values have increased by
about two point seven percent (2.7%). So in order to keep the same revenues with the higher property
values, the rollback would be eight point nine nine nine three (8.9993) mils this year. The rate we're
proposing is below that. It's at eight point nine nine five (8.995). And the debt millage rate is the same.
The debt millage rate would be at one point three two six (1.326) on a rollback basis. We're at one point
two eight (1.28). So on either basis, we think we've done a really good job in dropping our millage rate.
The next page shows the -- our next slide shows the impact to a citizen for the fee and tax changes for next
year. This assumes a citizen with a house that is appraised at a hundred thousand dollars ($100,000) for
2001, has a twenty-five thousand dollar ($25,000) homestead exemption. Their property taxes are going
to go down eighteen dollars ($1.8). The fire fee remains unchanged in what we've proposed, and the solid
waste fee goes up ninety-one dollars ($91). So that citizens will be spending seventy-three dollars ($73)
in combined tax and millage. But we've made an allowance in this budget for that. And this budget
reflects the introduction of the Save Our Seniors Program. The Save Our Seniors Program is designed to
alleviate the tax burden to the poorest of our poor citizens. And what it does is given an additional
twenty-five thousand dollar ($25,000) tax exemption to those residents who meet certain age and income
requirements. So if we go to the next slide, the impact of everything we've done, improved services,
targeted -- a lot of these services are targeted to those poor citizens -- is an actual tax reduction, tax and
fee reduction. Their property taxes go down two hundred and seventy-five dollars ($275). The solid
waste fee goes up ninety-one. But net, their reduction is a hundred eighty-four dollars ($184). One of the
significant steps we've taken over the last few years is to try to look at our budgets always on a five-year
basis. We make decisions today. How does that affect us going forward for five years? And as we look
at our five-year plan, we're continuing to focus on certain goals. We want to continue to seek alternative
ways to lower our tax rate. We want to insure that fees represent the cost of providing the service to our
citizens. We want to increase homeownership in the City. We want to reduce our long-term liabilities,
and we want to maintain our adequate reserves. The next slide shows where we stand right now in our
five-year forecast. We are projecting surpluses through fiscal year 2003. In 2004, you'll see a small
deficit of one point six million, and in 2005, a deficit of eight point eight million. At this point in time, we
don't think those deficits are going to happen. We are very conservative in forecasting our revenues. We
think that there will be revenue enhancements between now and then, and we'll be able to implement
some cost efficiencies. If you look at our five-year plan, I think we're increasing our cost by -- over the
inflation rate, something like two and a half percent, and our revenues at a much lower rate. And that is
always going to cause a convergence of the revenue and expense line, which we don't think is going to
happen, and we're going to work very hard in making sure that it doesn't. The next page shows where we
stand on reserves. We have estimated that our reserves will be thirty-four point two million by the end of
this year. And that reserve balance does not include approximately twenty-one million, twenty-one to
twenty-four million in the Strategic Initiative dollars and the Blue Ribbon Initiative dollars. So thirty-four
million in general reserves at the end of this year. That builds to sixty-two million at the end of 2003.
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2004, notwithstanding the fact that we had a small deficit, we still increase the reserves to sixty-five and a
half million. And it's only in 2005 that it shows as a slight decrease in our reserves. And again, we don't
think that we're going to reach that.
Vice Chairman Gort: (Inaudible) solid waste?
Ms. Haskins: Solid waste fees?
Mr. Gimenez: Yes, sir.
Vice Chairman Gort: By any chance, did we convince Bertha Henry to come back or -- ?
Ms. Haskins: She's my safety net.
Commissioner Winton: By the way, is this handout available for the public?
Mr. Gimenez: We have a -- not this particular handout, but we also -- we did produce a Citizens Budget
Guide, which is available to the public, and it's the budget in pretty simple terms and -- so you can
understand it.
Commissioner Winton: Well, this is also very, very simple, I mean.
Mr. Gimenez: We can produce the same thing for them, also.
Commissioner Winton: There's some good information in here.
Ms. Haskins: We'll make extra copies. OK. The solid waste fee we're proposing to increase from the
two hundred and thirty-four dollars ($234) of 2000 to three hundred and twenty-five dollars ($325) in
2001. There are a number of reasons that we wanted to take a look at the solid waste fee. The solid waste
fee over time has not represented -- has not --
Vice Chairman Gort: Previous slide.
Ms. Haskins: OK. ' Previous slide. OK. The solid waste fee, we've been under a lot of pressure with the
solid waste fee. Solid waste fee has been increasing primarily because of tipping fee increases that we're
paying to Dade County. When we break down the cost in the Solid Waste Department, fully 26 percent of
the costs are going to the County for tipping fees. And those tipping fees are increasing every year. If we
look at a chart on where tipping fees have gone from 1997 to 2001, it's -- we've increased by three point
six percent, three .point seven percent (3.7%). That's been far, far higher than the increase in other costs
within the department.
Commissioner Winton: Can we do a calculation that can show us what the tipping fee -- what percentage
or the dollar amount of the tipping fee increase would be applied to the -- what is it? -- Ninety-one dollar
($91) overall increase? Was there a ninety-one dollar ($91) -- what was the solid waste increase?
Mr. Gimenez: Well, it appears from the chart that we had close to a four percent increase (inaudible).
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Ms. Haskins: It would be about -- tipping fees would -- tipping fees would constitute about -- total tipping
fees would be about 26 percent of the ninety-one dollar ($91) increase.
Commissioner Winton: OK. So it's 26 percent of the ninety-one dollar ($91) increase. Thank you.
Ms. Haskins: Right, exactly, about 26 percent.
Commissioner Winton: Are you sure that's right?
Ms. Haskins: When we're looking at the solid waste fees, solid waste fees at the three hundred and
twenty-five dollars ($325) still do not cover the cost of delivering the service to our customers. What we
did do as part of the analysis of looking at our solid waste fees is we looked at where our rates stand
versus other municipalities. And like was discussed earlier, we definitely have the Cadillac for solid
waste services in Dade County. And one of the Commissioners -- I believe it was Commissioner Sanchez
-- was talking about the difference between the service we provide and what the County provides. And if
we look at our costs, at three hundred and twenty-five dollars ($325), we're still below what Miami -Dade
County charges at three hundred and forty-nine dollars ($349). So even at. the three hundred and twenty-
five dollars ($325), we are still very competitive.
Mayor Carollo: Let me ask you a question. On the Save Our Seniors, how much do we have calculated
that it's going to cost us for this budget that we're discussing now for 2001 ?
Ms. Haskins: We asked the tax appraiser for that information, and he's estimating it's about two million
dollars ($2,000,000) that the Save Our Seniors Program is costing.
Mayor Carollo: Well that was the estimation. But how much are we calculating into this next budget that
we're going to be paying or losing, should I say, on Save Our Seniors?
Ms. Haskins: About two million. It's approximately the two million dollars ($2,000,000).
Mayor Carollo: I thought it was somewhere below that. Is that --
Mr. Gimenez: I think she's right. I think it's around two million. The original estimates were like three
million, and they came in lower with the two million.
Mayor Carollo: OK. Is there any other estimate that you have other than two million right now?
Ms. Haskins: No, there isn't.
Mayor Carollo: OK. So somehow, I recollect a statement that was given to me that it had come below
two million. Maybe that's this fiscal year. But I'll go with your two million. Mr. Manager, for each
dollar that we're charging to the solid waste fee, how much does that bring in?
Mr. Gimenez: Each dollar brings in close to sixty-three million, sixty-two thousand, nine hundred and
seventy-four dollars ($63,062,974).
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0
•
Mayor Carollo: OK. So in essence, if it's bringing in sixty -- almost sixty-three dollars ($63) --
Mr. Gimenez: (Inaudible Comments).
Mayor Carollo: Each ten dollars ($10), six hundred and thirty thousand, we have thirty dollars ($30). In
other words, if we did not have the Save Our Seniors, we would have saved or we would have had two
million more dollars. Therefore, we could have reduced the garbage fee by some thirty dollars ($30).
Mr. Gimenez: Yes.
Mayor Carollo: Approximately.
Mayor Carollo: OK. And let me -- if you'd bear with me for another couple of minutes, you'll see where
I'm heading in this. Last year's budget that was approved for the fiscal year that we're finishing now, in
the five-year plan, that budget was approved by how many votes here, if you could refresh my memory?
Mr. Gimenez: I wasn't sitting here, sir.
Mayor Carollo: Yeah.
Commissioner Sanchez: Neither was Johnny, but everybody else voted.
Mayor Carollo: Yeah. Were you here, Johnny, at the time? Or --
Commissioner Sanchez: No.
Commissioner Winton: No, I wasn't.
Mayor Carollo: It was J.L., right? OK.
Commissioner Winton: Yeah. It wasn't me.
Mayor Carollo: OK. You weren't here. Was that approved unanimously at the time, or was there any
dissention? Commissioner Teele, do you remember? Was that a unanimous vote with the five-year plan?
My recollection is it was a unanimous vote. Mr. Clerk, can you research it? And if I'm incorrect, then I'll
be corrected in the next few minutes, please?
Walter Foeman (City Clerk): Yes, sir, Mr. Mayor.
Mayor Carollo: My recollection was that it was a unanimous vote that this year's budget was approved
together with the five-year plan.
Mr. Gimenez: Are you talking.about this year's budget or last year's?
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Mayor Carollo: Well, the one that we approved last year that includes this year, this fiscal year that we're
going to end now at the end of September and the next four years, the whole five-year plan. My
recollection is it was a unanimous vote. Now, can you pull out for me the five-year projections on that
budget? Because my recollection was that what was approved on that budget in the five-year plan was
that for this coming fiscal year that we are discussing now, there was going to be a total increase on the
average home worth a hundred thousand of some forty-eight dollars ($48).
Vice Chairman Gort: Right.
Mayor Carollo: Am I correct, Vice Chairman? Which means that what we're looking at in this year's
budget, it's a total of --
Vice Chairman Gort: Thirty-four dollars ($34).
Mayor Carollo: Seventy-two seventy-nine, which is twenty-four dollars ($24) and change more than the
Commissioners at that time approved in the five-year plan to raise either in fees or through the additional
millage.
Ms. Haskins: There was twenty dollars ($20) for solid waste.
Mr. Gimenez: Twenty dollars --
Mayor Carollo: Solid waste was going to raise for twenty dollars ($20).
Ms. Haskins: Nine dollars ($9) in fire fees.
Mayor Carollo: Nine dollars ($9) in fire fee
Ms. Haskins: I think it was about thirty dollars ($30) in taxes, wasn't it? Thirty? Yeah. It depends on the
value, but approximately thirty, twenty-five to thirty dollars ($30) in taxes, depending on the value, of a
hundred thousand dollar ($100,000) home.
Mayor Carollo: OK. But the total amount, I believe, that it came to -- and this is why I'd like to have that
-- was that it was a total of forty-eight dollars ($48). I think if it was around thirty in taxes, it's more. So
is the forty-eight figure correct?
Ms. Haskins: It sounds more than reasonable, yeah.
Mayor Carollo: Give or take a few cents.
Ms. Haskins: Yes.
Mayor Carollo: So -- and this was approved by all five Commissioners, four that are sitting here today
and one that's no longer here. So what we're discussing today on the average home is an increase of
approximately twenty-four dollars ($24) and a few pennies. And the reason for that has been that we gave
the poorest of the poor a tremendous break, one that would amount to some thirty dollars ($30) less that
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•
we would have had to charge this year, which would have brought the amount to even less than the forty-
eight dollars ($48) that had been approved before. In fact, it would have brought it to around forty-two
dollars ($42).
Commissioner Regalado: Mr. Mayor.
Mayor Carollo: Yes, Commissioner.
Commissioner Regalado: On your recollection of the five-year plan -- and I think that the City Attorney
was here -- we were always told that this plan can be changed.
Mayor Carollo: That's correct. That is correct.
Commissioner Regalado: And as we get more reoccurring revenues, we don't have to implement those.
And this is why it was a unanimous vote, because we were told that, that five-year plan was never written
in stone, and that it could be changed, and that those rates, and fees and taxes were not the ones that -- I
just wanted to say that, because, I mean, you're saying that we knew that this was coming. But we were
told that that could be changed as we get more revenues or have more savings in the budget.
Mayor Carollo: OK. Commissioner, it has always been a fact in this City Commission, in every City
Commission of every city in the world and in every government that if you could bring in more dollars in
revenue, you could change the budget. And that's exactly the same thing that I'm saying here today.
Then in order for us to make any changes here, we have to bring in dollars. If we're going to deduct, we
have to bring them from somewhere else. And the point that I'm making is that whether it was your
intention to find the dollars or not, it's obvious that we haven't found them. And you, along with every
member of this Commission voted for a five-year.plan that included on the average homeowner in fees --
garbage, fire, et cetera -- what amounted to some forty-eight dollars ($48) increase. So what we're talking
about this year, so that the seniors that are the poorest of the poor, those that have an annual household
income of under twenty thousand dollars ($20,000) could have gotten that break. And I agreed
wholeheartedly with that. The difference on the increase that we're talking about of the twenty-four
dollars ($24) is because of what we gave the seniors, the poorest of the poor, through Save Our Seniors.
Commissioner Teele: May I just ask a simple question? May I ask just a simple question on this?
Mayor Carollo: Of course.
Commissioner Teele: How much net new dollars in solid waste -- what's the net dollars from last year to
this year? What does that seventy-one dollars ($71) or -- ,
Ms. Haskins: The ninety-one dollar ($91) increase, the ninety-one dollar ($91) translates into five point
six million dollars ($5.6 million), approximately in revenues.
Commissioner Teele: About how much?
Ms. Haskins: Five point six million.
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9
Mayor Carollo: It's about almost sixty-three --
Ms. Haskins: About sixty-three thousand.
Mayor Carollo: -- thousand for each dollar that we charge.
Commissioner Teele: And how much is the net dollars?
Ms. Haskins: Oh, I'm sorry. Five point seven (5.7)? OK.
•
Commissioner Teele: What is the net dollar increase that the County is charging us on tipping fee?
Ms. Haskins: The net dollar increase is right around a million? It's right around a million dollars
($1,000,000) on the budget, I believe.
Commissioner Teele: A million dollars ($1,000,000)?
Ms. Haskins: Mm-hmm.
Mayor Carollo: How much more than a million?
Ms. Haskins: Actually, it's not more than a million. Seven hundred thousand.
Commissioner Teele: Seven hundred thousand.
Mayor Carollo: Seven hundred thousand, which that's about a twelve -dollar ($12) increase on the
garbage fee. That's what it amounts to.
Mayor Carollo: So twelve of the increase is the additional cost that we're being charged on the tipping
fee. And let me say this for the record: That was an extremely bad contract that was entered into by this
City back then with the County. I don't know if there was any one of us here then. You might have been
with the County, I don't know.
Commissioner Teele: I think we ought to move on.
Mayor Carollo: I don't know if you were there all that time or not on the other side. But the facts are that
we've gotten a real bad deal, because the County entered into a bad deal with the waste plant that they
have. And we, the City of Miami and all the other municipalities have gotten stuck in paying their way
out of that bad deal that they got into. Now, unfortunately, decisions were made years back to enter into a
long-term contract with the County that we should have never entered into. And today, if we were to go
out to the private sector and try to do a deal ourselves we could save --
Commissioner Teele: Spot market.
Mayor Carollo: In the spot market, or I will tell you, Art, we could enter into at least a five-year contract
or longer, and we could save a tremendous amount of dollars if we were allowed to do that. The only
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reason we can't do this is because the County is forcing us to stay with this contract. In fact, the excuse
that was always given was that it's because of the bond indentures on their contracts in that plant. But the
waste stream, the complete waste stream in the City of Miami is not part of the guarantees in that bond. In
fact, they're making money out of our waste, because instead of them bringing our waste directly to that
plant-- there's at least an amount equal -- and actually, it's greater than what we give them in waste -- that
they go and bring to Broward County at a much cheaper rate than what we're paying them. So they're
making money out of our garbage, and our people are the ones that are paying a higher rate. And I think
that's something that we need to put on the record. This is a fact. Any further questions from the
members of the Commission?
Commissioner Sanchez: I do, Mr. Chairman. Studying the numbers that you have put together -- and
yeah, we did agree to raise the garbage fee twenty dollars ($20) per year to try to catch up on what we
subsidized -- the scenarios that were put or presented to this Commission, which we voted on, and I voted
in favor, clearly, when you bring out the numbers which -- you know, it's seventy-two dollars ($72),
ninety-one -- when you have a duplex or a triplex, they get a -- the reduction of the millage will reduce
their taxes. But still, they get hit with the garbage fee, not once.
Mayor Carollo: Twice.
Commissioner Sanchez: Twice.
Mayor Carollo: And that's correct.
Commissioner Sanchez: Or three times, if it's a triplex.
Mayor Carollo: If it's a triplex. But at the same time, a triplex or a duplex, it's rarely, rarely that you're
going to find one that's going to fall within the hundred thousand dollar ($100,000) average that we're
basing this upon. So if you're going to calculate a duplex or triplex, then you've got to compare apples to
apples and oranges to oranges. Then you've got to get the true average value that's going to be much
more than a hundred thousand dollars ($100,000) average.
Commissioner Sanchez: Clearly, with -- the higher the property value, the more savings you're going to
have.
Mayor Carollo: Of course. And that's why I'm saying that.
Commissioner Sanchez: Compared to this one.
Mayor Carollo: Yeah.
Commissioner Sanchez: So to make a statement that it's fair across the board, I don't think, you know,
that it's fair across the board, because if you have a duplex or triplex, you're going to pay three garbage
fees. And that's the concern that I have. One is the projected numbers that we put on our bills, we have
no control over one entity, which is the County. Everything has gone up on their side.
Mayor Carollo: That's correct.
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Commissioner Sanchez: School taxes, their property taxes. And it really, at the end, with all these
numbers, it makes it so complicated. And I have tried so many times to sit down with people that have
showed concern that have come to my office. First of all, I made this argument before. The bills that
were sent out to the taxpayers, the County still had -- they didn't have the two hundred and fifty-four
dollars ($254) or the two hundred and thirty-four dollars ($234). They had the hundred and sixty-eight
dollars ($168). So when they see that, they're confused of an increase from one sixty-eight or whatever
the number was to three hundred and twenty-five, a significant increase. Now, I don't know how that
happened, whether there was a mishap from the City or the County. But I do -- Does anybody have a bill
here that -- Can I see it?
(INAUDIBILE COMMENTS MADE)
Commissioner Winton: But Anicia (phonetic), you didn't pay a hundred and sixty-two last year.
Unidentified Speaker: Only a hundred and sixty-two per unit, not three twenty-four, what you say the last
year.
(Inaudible Comments Made)
Commissioner Winton: But Anicia, you didn't pay a hundred and sixty-two last year. And I'll show you
that.
Commissioner Sanchez: Johnny, so I don't get off course here. The City of Miami, City of Miami Solid
Waste, two units, a hundred and sixty-two. If we, this Commission -- and you're absolutely right. I don't
mind the twenty dollars ($20) increase, because I think that the City needs to subsidize -- I mean, we can't
continue to subsidize what we're doing with the service that we get. However, to send this to people,
really, what it does, it creates an uproar, an uproar, when you send them this one, a hundred and sixty-two
dollars, and then it moves, it goes up to two hundred and twenty -- three hundred and twenty-five dollars
($325). So you -- are you (inaudible)? So that's a concern that I have. Now --
Mr. Gimenez: Commissioner.
Commissioner Sanchez: Mr. City Manager, if I may just continue my argument. One is, the district I
represent, the property value that's the property assessed, nobody is going to sell their property at what it's
assessed for. There's just no way. However, I have in my district a lot of duplexes and triplexes. And
when you look at the design'of the three scenarios that were presented to us, in the long run, I think that
it's not fair, because somebody who has a three hundred thousand dollar ($300,000) home is going to get a
much bigger tax break than somebody who has a hundred thousand dollar ($100,000) home. And, yes, we
did vote on the Save Our Seniors, and we all supported that, and no one is going to dispute that.
Mayor Carollo: And I did, too.
Commissioner Sanchez: And you did, too. But let me tell you, just like you represent the whole City, and
I do represent the whole City, I have a -- I represent the people of my district, and I'm not going to tell you
the many calls of concerned people that I've gotten that, one -- and I do represent, I think, the poorest
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district, although Commissioner Teele may want to argue that with me. I do represent the poorest district
when it comes to population -wise. The increase; itself, is such a hit, for ninety-one dollars ($91), which
really breaks down to -- what? When all the numbers are done --
Mayor Carollo: Seventy-two dollars ($72) and change.
Commissioner Sanchez: Seventy-two dollars ($72).
Mayor Carollo: Versus the forty-eight dollars ($48) and change that was approved last year for this next
fiscal year.
Commissioner Sanchez: On a single home. OK. On a duplex, they're going to complain, on a triplex.
And the good thing is if you have four units, you can basically tell the City, hey, I don't want to do service
with you, and you can go outside into the private sector and hire a private company to do your solid waste.
So that, as I see it -- And, you know, one of the things that I suggested today, whether this is the will of
the Commission to pass -- it's just the argument that I'm going, to make, you know, on behalf of the
people I represent, which are the people -- is that I would, later on, whatever happens, if it passes or not, I
would like to direct the City Manager to create a committee to basically study other municipalities
throughout the state, their solid waste plan, and come back with a recommendation to create more cost-
efficient solid waste plan for the City. And I've made this argument, and I'm going to make it again. I
said it at 11 o'clock, when we briefly discussed this. The Cadillac system that we have in the City, you
have the best service provided, by far, for what you're paying. And I will not have anyone stand in front
of me and argue that, because I will not even listen to that. If you look at the rates that were put up on the
board, and I have them here, you get your garbage picked up twice a week, that's your home garbage;
your heavy garbage, once a week. And I've always said that the heavy garbage, clearly, in this City, has
opened up the doors for illegal dumping. And I don't think that what kills us here is the pickup service.
It's the tons that we -- the ton that we pay for, which is sixty-nine dollars ($69) per ton.
Mayor Carollo: And Joe, a point that you touched upon, which I agree with that particular point, very
much so, is the illegal dumping, because we do such a good job and provide so much of a better service
than any other governmental entity in South Florida. And once a week, we pick up all the trash. And we
give them three times a year, if not four, the heavy items to pick up, that's helped to increase illegal
dumping in our streets. And you know the amount that it leaves back when the financial crisis had begun
that we found out that there was going on, illegal dumping, that it was costing us a year? It was close to
two million dollars ($2,000,000) or so a year of additional dollars that it was costing the City of Miami,
because of the illegal dumping.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Joe, I want --
Commissioner Teele: Mr. Chairman.
Mayor Carollo: I apologize. I interrupted him and -- OK, all right, go ahead.
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Commissioner Teele: Mr. Chairman, it's 6 o'clock. I really think we ought to get to the order of the day.
We're already -- we've left the millage rate. We've spent 30 minutes now talking among ourselves about
an issue that everybody knows how they're going to vote, which is not even the issue before us now.
Mayor Carollo: It's the millage rate.
Commissioner Teele: It's the millage rate.
Mayor Carollo: Mm-hmm.
Commissioner Teele: We're supposed to have a public hearing. Let these fine people come down. And, I
mean, you know, those that want to hear us debate, I mean, I'll be here till 10, 11, whatever. But I really
do think that the spirit of the state law is, is that we should open this up, hear from the public. We should
refrain from giving speeches right now, and having a debate among ourselves and let's hear from the
public, as soon as the management has given their presentation, because, you know, this solid waste fee
thing, we're going to -- you know, everybody knows how they're going to vote, and the phone banks are
moving, and this and that, you know.
Mayor Carollo: Well, is the administration done with your. presentation?
Ms. Haskins: Yes.
Mayor Carollo: I thought they were. If it's the will of the Commission that they do not want to ask the
administration any more questions now, then hearing no questions from the Commission --
Mr. Gimenez: Mr. Mayor, I just want to clarify one point. As to the -- we think we know the reason why
the bills show like a one sixty-eight. That was the first year that the solid waste bill --
Mayor Carollo: It's broken into two parts.
Mr. Gimenez: -- was put on the trim. And the people had already been billed for the year on a calendar
cycle, on a yearly cycle starting in January.
Mayor Carollo: Yeah.
Mr. Gimenez: So therefore, the one sixty-eight was a proration --
Mayor Carollo: Yeah.
Mr. Gimenez: -- of the bill for the remainder of the year, from October to October.
Mayor Carollo: Sure.
Mr. Gimenez: Then later on, there was an additional mailing sent out in March that increased the fee. So
it didn't go from one sixty-eight to three twenty-five. It went from two thirty-four to three twenty-five.
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Mayor Carollo: Yeah.
Commissioner Winton: And that's what's misleading on the tax bill, because everybody is looking at that
as the -- my bill went up from one sixty-two to three twenty-five. And it didn't. It went from the two
thirty-four, because that one sixty-two only represented nine months of the bill.
Mayor Carollo: OK. Well if --
Unidentified Speaker: That's a lot of money.
Commissioner Winton: No question. But it's a big difference.
Mayor Carollo: If there's no -- if there's no further question from the members of the Commission to the
administration at this point in time, then we're going to begin --
Commissioner Teele: Mr. Chairman, the only thing I would -- I would ask the management to, please,
let's get a solid waste team. Let's get the Solid Waste Director, and his budget person, and his accountant
and let's be able to answer these questions. Because this is going to obviously be the subject matter. And
I think, you know, we really need to know exactly where we are on solid waste, please.
Mayor Carollo: OK. Let me begin by the first person that signed up to speak today. Mariano Cruz. Each
person will have two minutes, so if you could have them timed, please. And all that I would ask is if
you'd give your name and address. And you know that.
Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I don't think two minutes is enough. The
administration gets whatever time they want. Well, then, I will continue the other one. But first,
remember, that's a political body there. Everything is politics. And Tip O'Neal say,. remember, all
politics is local. You have to represent us, the taxpayers, not the employees. The employees have the
union. But I -- this is a shell game with the mill. They say they -- OK, go down half a mil. To me, in my
specific case, in eighteen thousand, seven hundred and. seventy dollars ($18,770) assessed value, it comes
to nine dollars and thirty-nine cents ($9.39), maybe a two percent decrease or whatever in the tax,
according -- because with Proposition 13 of the state, you only can increase property value less than three
percent. And what happen? The fee, the garbage fee and the fire fee goes up ninety-one dollars ($91), 40
percent. And here, in my tax bill, they call it property tax. They include it together. It's not a property
tax. It's a fee, which is regressive, because it's not a user fee. I don't use value. It's very little. I produce
very little garbage. My wife and I, we put maybe a little bag of garbage a week. The rest is recycle. And
I mulch all my trash from my yard, mulch the whole thing. So what garbage I produce? Nothing, nothing
at all. And still, I'm charged ninety-one-- I mean three hundred and twenty-five dollars ($325) like any
house in Coconut Grove, or Madonna estate, or Stallone estate. That's very regressive fee what they use
in there. That's -- I got to say, it's not enough time. I can't compete against administration when they
have hours and hours and hours to say whatever they want. But I still say it's a shell game. It's a shell
game, whatever they give to us, because that half mill reduction doesn't really say anything. When I pay a
hundred and sixty-eight dollars ($168) in tax, in property tax, three hundred and twenty-five dollars ($325)
in solid waste fee and sixty-one dollars ($61). My fees are doubled, my property tax bill, which is wrong.
You got have a least a house valued at one hundred and eighty-two thousand dollars ($182,000) to break
even with the garbage fee and the decrease in millage. And I don't use a computer. I was trained as an
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engineer. I use pencil and paper. That's all I need. I don't need a computer, a fancy thing to do it. It's
right here, pencil and paper, right there. Just show me that I get a break in my taxes. I didn't get any
break in my taxes, at all. Nothing.
Angel Urquiola: Good evening, gentlemen. My name is Angel Urquiola. I live in 25 Southwest 38th
Avenue. Really, I was thinking a lot to come in today, because I know what you say, Mr. Mayor, I only
have two minutes to talk. The big people, the big money people have all the time they. want. It's not fair.
We, the taxpayers, have so little time to explain our concern in this matter. I respect your position. We
put you in that seat to administrate our money or to try to administrate. Because in the way I see it today,
the City of Miami and Dade County, you, the elected people, you are nobody. We are only -- the
government is the administration. This is why we spent 76 percent of our budget on administration. It's
criminal. You know, do you believe it, Mr. Mayor and Mr. Commissioners, that one property, single-
family home can raise in value fourteen thousand dollars and fifty-nine cents ($14,000.69) in one year?
Don't nobody believes it. It's crazy. It's crazy. It's stupid to think about. You know why, why they did
that? Because they give it to poor people 25 percent. Now, they raised the value and they don't have to
give nothing. This is a tramp. I'm really shamed about what -- please, Commissioners, take back your
position. You are the government, not these people. Thank you.
Mayor Carollo: OK. Don Deresz. I'm sorry if I mispronounced your last name.
Don Deresz: Thank you, Mayor. That's fine. My name is Don Deresz. I reside at 1852 Southwest 24th
Street. Back in 1985, 1 and many other speakers who live in the City appeared before this Commission as
residents of Miami to support an ordinance that improves our quality of living by limiting visual pollution.
This ordinance allows ten billboards with heights of up to 30 feet to be erected along all of the City's -- all
of the City's expressways. The ordinance prohibits billboards to be erected east of I-95. There are
presently at least 31 or over 21 illegal billboards polluting our highways in this City of light. Over 21
illegal billboards. Many of these immense structures are east of I-95 and block beautiful panoramas of our
unique skyline. The City penalty or fine for illegal billboards is one hundred and fifty dollars ($150) per
day for each illegal billboard. For a minimum of 21 illegal billboards, that's three thousand, one hundred
and fifty dollars ($3,150) per day, or twenty-two thousand and fifty dollars ($22,050) per week. This
amounts to the City collecting, at the very least, over one million, one hundred and forty-six thousand, six
hundred dollars ($1,146,600) per fiscal year. I have three questions about the budget. One of them was
answered. How is Mr. -- first question is, how is Mr. Juan Gonzalez, Director of the Planning and Zoning
Department progressing with the enforcement of the billboard ordinance? The second question is, does he
need additional funds for enforcement? That was answered. He's going to get 12 additional Code
Enforcement inspectors. And finally, how is the extra one million, one hundred and forty-six thousand,
six hundred dollars ($1,146,600) that should have been collected in fines just this past year. being used by
the City in its proposed annual budget to lower our taxes? Thank you.
Commissioner Teele: Mr. Chairman, may I ask the gentleman what his address is?
Mr. Deresz: 1852 Southwest 24th Street. I'm in Mr. Regalado's district.
Commissioner Teele: Mr. Chairman, may I respond?
Mayor Carollo: Of course, you certainly can.
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Commissioner Teele: This afternoon, about an hour ago, I addressed a similar problem and noted. If you
could give us information or the Manager of the locations of the 21. But what we did, just so that -- just
so that you know, what we did is we recognized this problem. We have asked that the Manager do a full
audit of all billboards in the City of Miami and to develop an entirely new process to better regulate.
billboards. And we selected a committee, and I would hope that the Clerk would mail to you notices of all
of those committee meetings, so that you can stay abreast as a citizen.
Mr. Deresz: Sir, all this was done, Commissioner, back in 1985. Mayor Carollo was on the Commission
at the time. And the Commission voted this ordinance that's in place. The structure is already in place.
The problem is, is that the Building and Zoning Department and the Code Enforcement Board are not
enforcing -- people aren't enforcing the ordinance that's already in place, sir. There's no need for any
changes. What people need to do is to do the job that's already on the books. The ordinance is there.
This is not a new story, the billboards. I noticed, just driving up I-95, a plethora of billboards going up. I
mean, you have to be a complete idiot not to see it. And then, this was -- there's a story that went out in
the New Times Newspaper. I think the earliest one was back in March. Let me see.
Mayor Carollo: Don, the questions that you're asking are very, very, very valid questions. And the
Manager, I'm sure, will find answers for you. However, you know, the issue that we have here before us
today is the millage.
Mr. Deresz: Yes, sir.
Mayor Carollo: And I let you talk about this, because I think it was something important. You came and
took your time to come here, and I gave you the opportunity to speak. But we have to move on to the
issue at hand today.
Mr. Deresz: Oh, of course.
Mayor Carollo: And I would like to ask the Manager to have his staff set up a meeting with you, as soon
as possible, and give you answers to all the questions you asked. They're valid questions.
Mr. Deresz: Mayor, Mayor, I don't want meetings. I want the City to do its job, get rid of the billboards,
not permit any that aren't allowed by ordinance, and collect the fines, so we have one million, a hundred
and forty-six thousand dollars ($1,146,000) to lower the millage rate.
Mayor Carollo: Mr. Manager, if you could set up a meeting with him.
Mr. Gimenez: Yes, sir.
Mayor Carollo: With the appropriate people.
Mr. Gimenez: Do you have a listing of those places --
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Mr. Deresz: No. No, sir. That's not my job. That's the job of the NET (Neighborhood Enhancement
Team) offices and the Code Enforcement Board. And if the City is getting -- issuing permits, that's
wrong. That's against -- it's against Miami City ordinance...
Mr. Gimenez: We'll look into it and we'll handle it.
Commissioner Teele: I can tell you one thing, I want to have a hearing_ before they issue any more of
these permits.
Vice Chairman Gort: Mr. Mayor.
Mr. Deresz: Mr. Gonzalez is well aware of this problem, according to the New Times Newspaper.
Vice Chairman Gort: Mr. Mayor.
Mayor Carollo: Yes.
Vice Chairman Gort: During the public presentation, I think there will be many questions that are going
to be addressed to us. And I would like at the end of the public speaking and we close, all those questions
that can be answered from the Administration, I would appreciate it if they could be answered by the
administration.
Mayor Carollo: That would be fine.
Vice Chairman Gort: So I hope you're taking notes. And the ones you can't answer, well, you can
answer late on. But I think questions that have been coming up in here during the public hearing should
be answered by administration later on. Thank you.
Mayor Carollo: Very fine. Thank you, sir.
Mr. Deresz: Thank you.
Mayor Carollo: Next is, I believe, is Cary Johnson.
Cary Johnson: It's Cary Johnson. Cary Johnson.
Mayor Carollo: Cary. OK. I was right.
Mr.. Johnson: OK. I was here a year ago, and I asked Mr. Teele about the --
Mayor Carollo: I'm sorry, Mr. Johnson, I apologize. We need your address, also.
Mr. Johnson: OK. 29 Northwest 52nd Street.
Mayor Carollo: Thank you, sir.
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Mr. Johnson: I was here a year ago, and I asked Mr. Teele what did the fire -rescue fee, you know, what
all was made up in there. And he told me the garbage fee was in there. Now, you take the garbage fee
out, and you increase -- and the fire fee stay the same. I don't understand. It's not a reduction for me.
My property values went up, which crossed out all the money that you're talking about we saved. It's not
a saving. All my property value went up. I got six, seven properties. Every one of them went up to
cancel out all the money that I was supposed to be saving. Also, the fire -rescue fee was told that -- OK,
it's for the Fire Department for equipment. I see all new equipment. Why is it still considered to be a
fire -rescue fee? Supposed to go on for how long? Five years or whatever, producing eighteen million
dollars ($18,000,000) a year. I would like to know exactly where the money is going, and for what reason
is it being collected, as far as, you know, my money, I mean. And also, I wanted to say that I have
efficiency buildings, OK? Not two-bedroom apartments, which may rent for five hundred or whatever.
I'm renting out my apartments for three hundred. I raised it to three twenty-five. Half the people move up
to North Miami Beach. OK? Because they can pay the same price in North Miami Beach that they can
pay in Miami. They're going to move. OK? So I'm getting charged a hundred dollars ($100) on each
unit, on an efficiency unit in a building with 13 units. OK? That's thirteen hundred dollars ($1,300)
we're talking about that I'm paying. And then on top of that, I'm paying fees for garbage to my solid
waste commercial carrier. Every time you raise it up on them; because you say, OK, we're going to raise
our fees; you raise it to the commercial carrier. The commercial carrier directly shows me exactly how
much is being raised to me a month. Twenty, twenty-five, thirty dollars ($30) a month extra I'm paying
just for the garbage fees to the City, which I'm not even getting the service from the City. So I'd like to
know, why am I paying an extra thirty thousand dollars ($30,000) a year on taxes when I was paying
twenty thousand before this fire -rescue fee? It's up to thirty, thirty-five thousand dollars ($35,000) a year
now. And you're talking about fixing buildings, and doing the maintenance on buildings. The buildings
around me is crumbling down because people cannot afford to put a new roof on a building, or fix the
buildings, because the fire -rescue fee, they have to pay the fire -rescue fee, which is completely making
Miami go down -- just down. You need to look at the North Miami area.
Mayor Carollo: Mr. Jackson, thank you.
Mr. Jackson: Because it makes a difference.
Mayor Carollo: Your time is up. Mr. Manager, would the administration like to address some of his
questions now or --
Mr. Gimenez: That'll be fine. The fire fee, four point two million goes for capital. The rest goes into the
general fund to offset the general fund contribution to the Fire Department. And the fire fee, as far as I
know, did not go up this year for your property. I may be mistaken. I'm getting the rates right now. I
know for residentials, they stayed at sixty-one dollars ($61). I've got to get the figures for apartments. I
mean, what are the rates for apartments now? I don't believe they're a hundred dollars ($100).
Mr. Jackson: No, it's three hundred dollars ($300) a unit. And that's high in the North Miami area.
Mr. Gimenez: It's not three hundred dollars ($300) a unit for the fire fee, sir.
Mr. Jackson: No, not for the fire fee. I'm saying my fire fee; it stayed the same. Last year, when I asked
Mr. Teele what was in the fire fee, he said it was part garbage collection, that they wasn't collecting
231 9/14/00
enough for garbage. Now, all of a sudden, they increase the garbage collection fee, OK? But they did not
reduce the fire fee. So now it's generating more money. But the fire fee is still -- What does the fire fee
go for? That's what I'm saying, item by item.
Mr. Gimenez: I just told you. Four point two million of the dollars collected goes to fire capital for
equipment, trucks, et cetera and renovation of the fire station. The rest of it goes to offset the general fund
contribution to the Fire Department.
Mr. Jackson: Does any go to pay back police pensions and stuff like that, where money has been stolen?
Mr. Gimenez: The entire amount of the fire assessment goes to the Fire Department.
Mr. Jackson: So the whole amount, eighteen million each year goes to the Fire Department?
Mr. Gimenez: Yes, sir. But of that, four point two million is used for capital. The rest pays for salaries
and benefits and, you know, the fixing of the trucks, et cetera. It goes into the general fund to offset the
general fund contribution to the Fire Department.
Mr. Jackson: And how much longer do we have for this fire fee? How many more years?
Mr. Gimenez: Sir, that's up to the Commission to determine how much longer it is.
Mr. Jackson: I think that you're just taking everybody's money. You're stealing everybody's money.
That's what I think.
Mayor Carollo: Manuel Gonzalez.
Manuel Gonzalez-Goenaga: 2469 Southwest 14th Street. Well, I have been away. Well, first of all, I
have to congratulate the person, because when she said she's proud and for the good -- for the good job,
well done. Basically, on the millage for lowering lower than 52 years or whatever. For that, we are on
first inning. But the game is not over yet. And I wonder if I can discuss the whole integrated issue of the
fire fee and the garbage fee right now, or it has to be postponed? I don't know. It's up to you.
Mayor Carollo: Mr. Goenaga, you can discuss anything you want in the minute and 16 seconds that
you've got left.
Mr. Gonzalez-Goenaga' Well, let me -- just to tell you, I have been away for seven months -- nine months
-- seven months. And the only garbage in my house is myself, I tell you, because I don't even eat, I don't
throw any garbage. And yet, my rent, my landlord every year shows me, we have to increase your rent
because this and that and the other. I wish, since you -- you talk very well, lady. If you give me your
name and address, so I can -- when my landlord try to raise my rent, I will tell him to see you, so you will
be able to convince him that she should lower -- that he should lower my rent instead of raising it.
Because, let me tell you, I might not have that senior citizen age, but I feel it like that, you see. So I hope
that I will have another opportunity to speak about how regressive the other fees are. It's better to leave
that, this fee the same and balance it, because it's not deductible for taxes. Just this is deductible for taxes.
232 9/14/00
I hope you get the picture. Let me tell you, I represent here today the fools of Miami. And I don't know, I
am one of them. I don't know how many more we have. Thank you.
Mayor Carollo: .Thank you. Maria Navia.
Maria Navia: Good evening. My name is Maria Navia. I represent the district of Tomas Regalado, 330
Southwest 11th Street, Miami, Florida, 33135. I coming here because almost, I'm going to be a citizen.
At the retirement in this country, it's not enough to pay the taxes. It's higher every time. My area is
almost all senior. All the American people in my area selling the house. It's a shame. They selling the
house, because they can't afford it, the taxes, higher every year. When I buy my house twenty-one years
ago, I paid almost three hundred .dollars ($300). I'm starting to pay seven hundred dollars ($700). I'm
going to pay this year two thousand, six hundred sixty dollars .($2,660). I think it's enough, because it's
too much every year.. Why the Fire Department going higher? What they do? Buy furniture for two
million dollars ($2,000,000)? For what? And the garbage. What they do? As a single-family home, my
house is not Coral Gables. It's Coral Gate. OK? It's a family single home, and three twenty-five dollar
($325) garbage. Two package of garbage or three every week. That, it's ridiculous. This is the country --
this is the only country in the world that pay so many taxes. In Spain, they don't pay that taxes. In Cuba,
anywhere, anywhere. This is the only country. This is ridiculous. It's too much. The people can't afford
it, you know.
Mayor Carollo: Well --
Ms. Navia: When the political come, the election, no. The first they do, no, I'm not going to over the
taxes, I'm not going to higher the taxes. And then when in the position, they higher the taxes, every year.
I think it's enough. The City of Miami is tired about that. If there is --
Mayor Carollo: Ma'am, I apologize. The time is up.
Ms. Navia: I know. I know. It's time, because it's too much already.
Mayor Carollo: Thank you. Well, the only thing I'll say is that maybe this country pays a lot of taxes, but
you know what? I still see everybody wants to come here. Let's see, who else do we have? Zoila
Pancorbo.
(COMMENTS HAD IN THE SPANISH LANGUAGE)
Mayor Carollo: I'm going to get someone that can translate for her. Is it the City Clerk that's responsible
for that? Sylvia, can you do it?
Sylvia Lowman (Assistant City Clerk): Sure.
(COMMENTS HAD IN THE SPANISH LANGUAGE).
Zoila Pancorbo (As interpreted by Ms. Lowman): Good afternoon. My name is Zoila Pancorbo. I live at
3270 Northwest 18th Street. I am exempt, because I have the senior citizen's exemption, and I was told
233 9/14/00
•
that my taxes were going to be lowered, but I don't see any lowering. I want to know if the garbage and
the fire fee is included in this, because --
Vice Chairman Gort: She's got to pay more rent. She's going to pay more taxes.
Ms. Pancorbo (As interpreted by Ms. Lowman): I have very little garbage. I just have a couple of bags.
And for that, I am being charged double garbage and double for fire. I want to know what you can do,
because otherwise, I'm going to have to sell my house: I have very little money.
(COMMENTS MADE IN THE SPANISH LANGUAGE BY MAYOR CAROLLO)
Ms. Pancorbo: OK. "Muchas gracias."
Mayor Carollo: I just explained to her that if she could stay a little longer and present the bill for her taxes
to the City, County and School Board to the Manager, he'll get somebody to help her and show her
exactly how much she saved this year.
Commissioner Sanchez: But Mayor, if I can. That's a perfect example that I want to use. One is that
she's getting hit double for the garbage fee, and double for the fire fee, because she's got an efficiency.
So that's --
Mayor Carollo: Well, this is what we need to find out, if that's the case or not, Joe, if there's a double fire
fee in that.
(COMMENTS MADE IN THE SPANISH LANGUAGE BY COMMISSIONER SANCHEZ.)
Mayor Carollo: OK. Let's move on to the next person that we have. J. -- G. Ferguson. Ferguson is the
name that I have here. Ferguson?
Gaston Fragelus: "Fragelus."
Mayor Carollo: OK. You come up, sir.
Mr. Fragelus: Good evening.
Mayor Carollo: If you could give your full name and address.
Mr. Fragelus: Good evening. My name Fragelus, Gaston. And my address 770 Northeast 86th Street.
Mayor Carollo: What was your name again?
Mr. Fragelus: Gaston.
Mayor Carollo: OK. This is a different one, but you can go ahead and talk. That's fine.
234 9/14/00
Mr. Fragelus: OK. I'm appreciate to coming here this afternoon to explain my opinion. I'm very
concerned about myself. I think I'm concerned about every owner house live in City Miami. Please,
Commissioner, Mayor, management, (unintelligible), every member I know we elect to work for the
government. But when you need job, you talk to the people in the neighborhood to give you vote to be
here. Try to work together to help the people, because a lot of people suffer. The City of Miami is going
to be done. First of all, for me, I live here for 20 years. I'm never happy. I live in here for 20 years and
never happy. I try to be something, I try to do something, but I can't. Today, I'm here to tell you all,
please, sit together, try to help the people. Don't try to help the government bill, bill money, up, up, up.
When they die, one day Jesus come back. No money don't go nowhere. Everything here. Before that, a
lot of people crazy on the .street, because they can't afford the house to pay too much bill. They crazy.
They take a drug. That's a problem. Please. I'm living here. I see the bill coming every month.
Sometime I got bill still in my house, four months, I can't pay them. I know City Miami work for the
people. Please, try to help the people about the bill coming every month, every high, high bill, every year,
taxes, insurance, mortgage. People can't afford it to pay the bill, the garbage, everything. For me, I am
sick about the bill every month. What I'm doing for it, I don't know. Please, work together to help the
people. The government got big money. It's really got big money. Don't take money from the poor
people to bill government money. That's enough. Tax every year, every year. I got my house
somewhere, I can't live there. I speak that before here. Reason? Too much trash, too much homeless, too
much drug. I don't sell drugs. I don't want to sell drugs. I want to live there. My house, I can't.
Mayor Carollo: Sir, thank you, but your time has been out for 30 seconds.
Mr. Fragelus: Please. My tax was -- excuse me, one second. My tax was five hundred, years. After five
years, now it's coming one thousand, four hundred. The appraisal tax say my house value thirty-five. I
try to sell it to somebody. He offer me fifty thousand. What's going on? We try to bill money from the
people?
Mayor Carollo: Sir, I have to cut you off. You have a lot of other people who want to speak now.
Mr. Fragelus: Please, stay them together, try to help the people. Thank you.
Mayor Carollo: Ferguson, is there somebody with a last name, Ferguson? OK. Judy Clark. Judy Clark.
There you go.
Judy Clark: Hi. Judy Clark, 5930 North Bayshore Drive. I have to ask you all a question. The issues for
solid waste and for the fire fee are two separate items. Are you having two separate hearings?
Mayor Carollo: No. This is a hearing on the millage. We're going to take a vote separately from the
millage on the garbage fee and on the fire fee.
Ms. Clark: You'll have three separate hearings. This is a hearing over millage?
Mayor Carollo: Well, no, no. This is a hearing on the millage, but I'm letting anybody speak on whatever
issue they want at this --
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Ms. Clark: My question is, will you be having a special hearing about the fire fee or about the solid waste
fee?
Mayor Carollo: I will say this to you, ma'am: If there are people that haven't spoken when we bring up
the vote on the fire fee and on the garbage fee, I will certainly let them speak.
Ms. Clark: And that will be tonight? So it's not a special hearing.
Mayor Carollo: That will be tonight.
Ms. Clark: OK. The answer is "no." Thank you.
Mayor Carollo: Surely.
Ms. Clark: I'm opposed to special assessments that someone else decides for me. I think special
assessments may have a place. I do not think that other people should decide what the citizens who pay
have to pay. I think this particular special assessment that you iristituted three years ago; this fire fee is
illegal. The courts have decided that this fire and rescue fee is illegal. And yet, you continue to charge it,
and, in fact, this year raised it, especially on a commercial basis. I think this is unfair. This particular fee,
and most fees in general have little regard for value, income, size, structure, et cetera. You had a
gentleman here tell you that he gets three hundred dollars ($300) a month for his apartment. He has to pay
the same seventy-five dollars ($75) that everybody else pays, including the people that have five thousand
dollar ($5,000) a month income apartments. This is grossly unfair. This is a fee that doesn't work. It is
an end run around your ad valorem taxes. The ad valorem taxes have a process by which you can refute
them, or protest them and complain. This has nothing. My only basis for complaint in this particular
grossly unfair fee is to come here and say this to you. This is it, or go to court. The fees that you collect
are from -- most of the people that have duplexes, triplexes, et cetera have low-income individuals living
in them. There is no way that you can pass this through, as a commercial venture would do when they
have an increase. There's no way that you can pass this through to the tenant that's paying three hundred
dollars ($300) a month and who is on welfare or some sort of social support. We were here for the --
Mayor Carollo: Ms. Clark, I'm sorry; your time is up. Thirty seconds over already.
Ms. Clark: We were here for, the revenue matrix, the great revenue matrix of 1998. The fire fee was part
of it. Another fee that was instituted on that lovely matrix -- there were ten of them -- one of them was
about illegal dumping. You charge a supplemental waste fee, as well as the fire fee to anybody that has a
certificate of use. There are people that work for you that do not even know what that illegal dumping
cost to the people that have certificates of use. We're paying a fee, because the criminals that dump
illegally are not being fined and having to pay it. You have two grossly unfair fees that you have put out.
Mayor Carollo: Ma'am, ma'am, I'm sorry. Ma'am, ma'am, ma'am, you've been over a minute and 13
seconds.
Ms. Clark: One is the fire fee and one is the illegal dumping fee.
Mayor Carollo: Thank you, ma'am. Phillip Thomas.
236 9/14/00
Phillip Thomas: Mr. Mayor and gentlemen of the Commission, I'm going to address this primarily to
Commissioner Johimy Winton, because I perceive a commercial discrepancy in your application of your
fire fee, your fire assessment. The law and your own ordinances require an apportionment of use between
commercial, industrial, institutional and residential properties. Therefore, if you have to have a fee -- and
these have been apportioned by your own staff and your own consultants. Therefore, I own property in
the City of Miami and that's why I'm here. And by the way, I happen to live in Coral Gables, but I own
property in the City. It's at 2901 Northwest 7t" Street. The fire fee -- they used to call it fire and rescue
fee -- went up this year from three hundred and ninety-five dollars ($395) to six hundred and twenty-one
dollars ($621), which is a 57.2 percent increase. I say to you,eI don't own a residential property in the City
of Miami. If you're going to apportion this fairly, you're going to raise the residential properties 57.2 or
you are acting totally in violation of your own ordinance and the state law that pertains to this. That's the
way I see it. Now, if somebody can explain why you don't have to raise residential, because it's not
politically popular, but you can soak it to the businesspeople as much as you please. It's an automatic
teller machine. You say, "How much more money do we need? Plug in the numbers and pass it on to the
commercial property." I would like an answer to that. And by the way, if I'm correct -- and I think I am -
- I think that whoever prepared this budget and the attorneys who approved it should be disciplined for
malfeasance.
Mayor Carollo: If the administration could have someone to answer that. But I think the one thing we've
seen here so far is that both commercial and residential think the other is getting the better end of the deal.
Mr. Gimenez: Sir, if I can, I'll answer your question. The reason the commercial rates went up this year
was that this year, the apportionment method was done using fire calls only. And when you do it that way
-- and we did that based on the ruling that came out of Broward County. When you do that, then fire calls,
commercial properties use -- have more fire calls to them on a proportionate basis than do the residentials.
That's why commercial properties, their assessments went up.
Mayor Carollo: OK. Let's --
Vice Chairman Gort: Mr. Mayor.
Mayor Carollo: Yes, go ahead.
Vice Chairman Gort: I was looking at the latest tax roll, and I just gave it to our staff to look at it. This
lady had an additional twenty-five thousand dollars ($25,000) tax exemption, homestead exemption. Yet
it shows not the other taxes, but the City of Miami taxes being higher this year from last year.
Commissioner Sanchez: And she's got the Save Our Citizens.
Vice Chairman Gort: And she has the Save Our Citizens. So this is something that we need to sit down
with the County. I've heard, for example, of people that the taxes went up from one to two thousand to
three or four thousand and --
Unidentified Speaker: Six thousand.
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Vice Chairman Gort: And some of them -- excuse me. I didn't interrupt any of you when you were
talking. So we need to talk to the County. And we also, somehow, need to make sure that when we put
the -- our taxes in the Channel 9, we explain each one of them, what it is, because there has to be a
mistake in there.
Mr. Gimenez: I believe there is, because there is a substantial drop in the County taxes, yet there is a rise
in the --
Vice Chairman Gort: The City tax. All right.
Mr. Gimenez: We'll take a look at it.
Mayor Carollo: Can you send me a copy of that, Mr. Manager, and give me an explanation after you call
the County on it? OK. George Lopez. .
George Lopez: George Lopez, 3015 Southwest 27th Terrace. Good evening, ladies and gentlemen. The
wording on the letter you sent us says that the City millage rate was reduced to the lowest in over 52
years. Yet on the property proposal (inaudible), what we see is an amount of three hundred and twenty-
five dollars ($325), which I believe we compared to a hundred and sixty dollars_ ($160) that we believe --
that I believe I paid last year.
Mayor Carollo: Two hundred and thirty-four it was, sir, I assure you.
Mr. Lopez: Two hundred and thirty-four. That makes it an increase of ninety-one dollars ($91), just one
shot. I would say that's a lot of money for just one shot out of every resident or property owner in our
City. I still believe -- I used to work here back in the early `70s. I still believe in government for the
people, not people for the government. Thank you.
Mayor Carollo: Thank you, sir. Peter Dancy, I believe it
Peter Clancy: Clancy.
Mayor Carollo: OK, Clancy. I'm sorry.
Mr. Clancy: Good evening. My name is Peter Clancy. I'm President of Tenants and Taxpayers United
for Fairness. This is the group that has -- whose members have filed the class action lawsuit two years ago
opposing the constitutionality of the fire -rescue fee.
Mayor Carollo: Mr. Clancy, could I ask you for an address, please?
Mr. Clancy: Yes. 16921 Southwest 80th Court.
Mayor Carollo: Thank you, sir.
Mr. Clancy: Thank you. I wanted -- I'm here to confirm that we still oppose the fire fee. Our class action
lawsuit is still in the courts. The emergency rescue services portion of that has been declared illegal by
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the Fourth District Court of Appeals. The City, I see, has'been forced to reclassify their fire -rescue fee to
call it a fire fee. It's our intention to press on with the lawsuit. It's our intention to ask for a refund of the
emergency medical portion of the fee that has been paid by the citizens of Miami for the past two and a
half or three' years. It's time to repeal the fire -rescue fee. It was a stopgap funding measure. It was
imposed on the Commission, we believe, by the Financial Oversight Board. There were several
Commissioners, some of whom are sitting here today, that said they opposed it, but they had no choice.
City finances are much improved. There is no reason why the fire -rescue fee cannot be done away with.
We also observe the -- we also try to monitor the cost of running the Fire Department. We've seen no
major initiatives taken by the Fire Department to lower their cost. We see that the Office of the Chief, the
cost of running the Office of the Chief has increased 66 percent over 1998. We don't know why that is.
We also are confused over what the Fire Department budget is. We have the budget book. It shows the
Fire Department costs are seventy million dollars ($70,000,000), but the summary page shows that it's
forty-eight million dollars ($48,000,000). Could somebody clarify that for me? What is the actual cost of
running the Fire Department?
Shorty Bryson (Chief of Fire): Well, sir -- Shorty Bryson, Fire Chief. If you want to know the actual cost
from the general fund, it's forty-six and a half million dollars. If you want to know the total cost that's in
the budget document, including everything, it's seventy million dollars ($70,000,000).
Mr. Clancy: Right. That's a little bit confusing to say it's forty-six million on one hand and seventy
million on the other. The only number that really counts is, what does it actually cost to run the Fire
Department? - And it's apparently seventy million dollars ($70,000,000).
Mr. Bryson: That's what I said
Mr. Clancy: Thank you.
Mr. Bryson: You're welcome.
Mayor Carollo: Eva. Thank you.
Eva Nagymihaly: My name is Eva Nagymihaly, and I reside at 3110 South Miami Avenue. I'm a
member of TTUF (Tenants and Taxpayers United for Fairness). And that, as we said, it belongs to --
we're the concept of Tenants and Taxpayers United for Fairness. We want to remind you that this is what
it's all about. We want it to be fair. And this, at this point, once again, is not fair. I'm going to bring up
one thing I specific. It's Ordinance Number 11434. And this is something that was imposed in '97 that
should be removed, and that's the fire safety permit. Have you made any effort to remove that, now that
we've been able to get more funds?
Mr. Gimenez: No, ma'am.
Ms. Nagymihaly: All right. If no one knows that, that was just stuck on our tax -- or on our certificate of
use bills, fifty dollars ($50) per year. And it was put there -- it is reduplicating -- or maybe you should
describe what it does.
Mr. Gimenez: It provides funding for the inspections of commercial properties.
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Ms. Nagymihaly: Well also for --
Mr. Gimenez: Fire inspections of commercial properties.
Ms. Nagymihaly: But does not -- we already get that through the state? The state comes out and does that
inspection already. You are doubly inspecting us.
Mr. Gimenez: I don't know what state agency inspects you for fire, for fire issues.
Ms. Nagymihaly: Certificate -- it's not certificate of use, but the -- somebody help me there. But we do
pay another agency, the State Department, the state to come out. We received the notices where they
come out and inspect.
Mr. Gimenez: Inspect you for what?
Ms. Nagymihaly: Well, for fire, to see that we have fire extinguishers, to see that everything is in Code.
We do not need you to come out as well. You are double -doing it. Someone should check into it, because
I know I'm paying for it.
Mr. Gimenez: If you're in the City of Miami and you own a commercial building, then the City of Miami
Fire Department will be inspecting your facility. If you have -- if you run some other type of business that
the state has to regulate in some manner, still, the City of Miami will be there to regulate you or to inspect
you in terms of your. fire issues.
Ms. Nagymihaly: But it already is. This is what's happening. You're taking more money from the
taxpayer when it's already being done. It is done. Somebody please check into this. Nobody wants to
check into it?
Mr. Gimenez: Ma'am, if you come and show me what's going on, and who is inspecting you and why,
I'll be happy to check into it.
Ms. Nagymihaly: And then you will remove the fifty dollars ($50)?
Mr. Gimenez: I didn't say that. I'll be happy to check into it.
Ms. Nagymihaly: Well, please, take this time to notice that all we're doing is paying more and more. We
used to have a general fund that took care of everything. Remember, that was the taxes that people were
paying. And those are the services we're supposed to be receiving. Now, you are putting in special
assessments, because you don't have enough money. Well, don't double -dip. Somebody is already
inspecting. Why re -inspect it? You know, look at this on other things, cost-saving things. Don't just take
it from us each time. And please, look at it closely, because the tax rates are going up. Our values are
going up. We keep paying more. You have more buildings being built. You're getting impact fees from
these people. You should be lowering it.
Mayor Carollo: Ma'am, your time is up. Thank you very much. Daisy Velez.
240 9/14/00
(COMMENTS MADE IN THE SPANISH LANGUAGE)
Mayor Carollo: Go ahead and translate for her.
Daysy Velez ("As interpreted by Assistant City Clerk, Sylvia Lowman): My name is Daysy Velez. I live
at 1801 Southwest Eighth Street.
Mayor Carollo: She's here representing the church there.
(COMMENTS MADE IN THE SPANISH LANGUAGE)
Mayor Carollo: OK. Holy Way Church. Holy Way.
Ms. Velez (As interpreted by Ms. Lowman): They're charging fire and garbage, one thousand two
hundred and forty-two dollars ($1,242). And the City is charging the church sixteen thousand, seven
hundred; I believe she said, dollars ($16,700).
Unidentified Speaker: Seventeen thousand, six -hundred thirty-seven dollars ($17,637) for property taxes.
Ms. Velez (As interpreted by Ms. Lowman): And the church should not be paying taxes.
Mayor Carollo: Mr. Manager, can you get somebody to sit with them and --
Mr. Gimenez: I'll certainly do that, sir.
Commissioner Teele: Who's the Commissioner that represents the district?
Mayor Carollo: Commissioner Sanchez. 1801 Southwest Bch Street.
(COMMENTS MADE IN THE SPANISH LANGUAGE)
Commissioner Teele: I would be willing to assume that -- Are you getting a bill from the City?
Ms. Velez: Yes. Here is the bill.
Vice Chairman Gort: That's the County.
Commissioner Sanchez: That's the County bill.
Commissioner Regalado: No, no, that's the bill. That's the bill from the City. That's the same bill that
everybody else had.
Commissioner Teele: Well, don't, we have a procedure whereby churches and others can request an
exemption?
241 9/14/00
Mayor Carollo: What I think they need to do is go to the administration.
Joel Maxwell (Assistant City Attorney): Churches are already exempt by state law.
Mayor Carollo: Give them a copy of that so they could go through it and help them resolve the situation,
if it's something that they should be paying.
Vice Chairman Gort: Let me ask you a question. They're on 1801 Southwest 81" Street.
Mayor Carollo: Mm-hmm.
Vice Chairman Gort: Do they own the building? And when did they buy it?
(COMMENTS MADE IN THE SPANISH LANGUAGE)
Vice Chairman Gort: When did you buy it? When did you buy it? When did you close --
Ms. Velez: Three years ago.
Vice Chairman Gort: Three years ago? And you didn't receive taxes the year before?
Ms. Velez: They charging for two years behind, 1999 and 1998, that's where they're charging the
seventeen thousand dollars ($17,000).
Vice Chairman Gort: You need to go to appraisals, to the County Appraiser.
Ms. Velez: The 111 Building? We went there this morning.
Vice Chairman Gort: Yes, the 111 Building. You have to go to the County Appraiser.
Unidentified Speaker: But they told us to speak to you today; Commissioner, because --
Commissioner Teele: Go to City Hall. Let me see the bill.
Vice Chairman Gort: Sounds like the County, yeah.
Mayor Carollo: Mr. Manager, can you assign someone to see them now, so that we could show them
where they have to go to, to appeal this to the County?
Mr. Gimenez: Yes, sir.
Commissioner Winton: Well, however, it speaks to part of the problem in the City of Miami, why you've
got all these damn fees. And that is because over 30 percent of the real estate tax base in our entire City is
tax exempt. And so that property probably three years ago was on the tax rolls. And then a church got it,
and they're taking off the tax rolls, so. we're going to charge you more. You know, that's part of the battle
we've got going on in the City with all of the tax exempt properties we've got between churches, and the
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synagogues, and the schools and the government buildings. And all that junk, and it irritates me, but I
can't do anything about it today.
Mayor Carollo: And courthouses, jails, government buildings and everything else.
Commissioner Winton: So we all get to pay extra, all of us.
Mayor Carollo: All right. Let's see. The last person that I have here is Eddie or Edy. Eddie. OK.
Vice Chairman Gort: Where?
Edy Laraque: Edy Laraque, 3 Northeast 75th Street. I come here to speak about taxes, of course. The first
thing I want to speak about is garbage taxes. I think nobody knows that we are paying not one-time
garbage taxes. Every time you change one window in your house, you pay garbage tax. I pay garbage tax
about six times already per year, many as that, as a general contractor. Each time I pull a permit to change
one window, you know what I do? When I remove the old window, I pay to dispose my garbage.
However, the City is charging me 200 bucks for the window I paid to put out.. The owner paying garbage
taxes. I don't leave -- the window I remove from his house, I don't put it in front of his house, because
I'm a general contractor. I got to dispose it. However, we paying taxes a lot that's garbage taxes. We're
paying at least three; four times what we're supposed to pay, first thing. The second thing I want to speak
about, in my property, I get a raise from eight hundred to two thousand. I don't know why. But this is
another problem. And then I think that as a Republican, I want you people -- there's a lot of people here
in front of me. There's Commissioner Teele and the Mayor, we are all Republican. I think that what we
want is better government, instead of more taxes and bigger government and bigger taxes. And this is
what I am facing. And I want you to think about it. Think about our allegiance. And then the garbage tax
is paid two, three, four times, it's insane.
Mayor Carollo: Thank you for your time, sir. The last person that I was just given that wanted to speak
was Elizabeth Cimadevilla.
Elizabeth Cimadevilla: Hi. My name is Elizabeth Cimadevilla. Address is 1305 Southwest 301h Avenue.
I oppose all the supplemental fees. I just think -- I think it's wrong. I think we're all -- you heard it time
and time again from everyone. It's just we feel like we're being ripped off, basically, and we just want
you to work for us. That's why we put you there. And we don't feel like we're getting anything in return.
We're just getting higher and higher bills. What about all the illegal apartments? Somebody said years
ago they were going to do something about it. What about all the revenue that's coming from those
apartments? We're paying for commercial fire -rescue fee, and waste,. and everything else. They're
paying residential. They have five units in one house. It's that much extra of garbage that is being hauled
away, and we're paying for it. Has anybody done anything about the illegal units in residential areas?
Mayor Carollo: There's been a lot that's been done, but a lot more that needs to be done.
Ms. Cimadevilla: Yes, because I know, I can just go around my neighborhood, and I can tell you that
easily, every other house has an apartment in it. And I just think it's really unfair, and I think it's
something that it is -- it's there, and it's a problem. It's a problem for zoning. It's -- you know, it's just
243 9/14/00
wrong, and it just -- three years ago, we discussed it. I haven't heard a thing about it. And they're still
paying residential for everything, and we're paying licenses, commercial insurance. It's just not fair.
Mayor Carollo: Well, you're right. And that's why we keep going after those people as much as we
could.
Vice Chairman Gort: If you have a chance, on Wednesday nights, we have Code Enforcement Board
hearings. Last night, I understand -- and I don't know if somebody is still here -- they were here until 2
o'clock or 12 something, 1 o'clock last night, of the amount of people we're bringing in that we're putting
a fine on. You'd be surprised at the amount of calls that my office gets, because our inspectors are going
out and they're enforcing the Code. There's a lot more to be done, and you're right. And we're going to
do a lot more. But we are finding people -- not only are we going to Code Enforcement and we're putting
a fine on them, and we're taking properties away, but we are also improving the. five hundred dollar
($500) fine that we're putting on illegal dumping every time we pick someone up. And there is a lot that
still needs to be done, and you're right. But we are working on those things.
Ms. Cimadevilla: Thank you.
Mayor Carollo: Thank you. Anyone else that wanted to speak but didn't get the chance to? I spoke too
soon, huh?
Angel Gonzalez: Yes. Angel Gonzalez, 3280 West Flagler Street, Apartment Number 1. The basic
problem is mismanagement. That's what the basic problem is. If you look at this list of 91 employees
right here, you have about nine million dollars ($9,000,000) in 91 employees. And what really is
disturbing is that most, the majority of these employees don't live in the City of Miami, don't pay taxes in
the City of Miami, don't use gas in the City of Miami, don't buy groceries in the City of Miami. I felt
very bad this morning when I saw an Afro-American gentleman here cry and accuse one of the City
employees of treating her bad -- of treating him bad, disrespectable. OK? But that's the arrogant position
of many, many bureaucrats that we have in this City. This City needs to -- the government, which are you
people. You are the government. They are not the government. You are the government. We elect you
to govern us. You are the ones that have to work on these matters. Reduce these salaries and you will
have a savings to pass on to the consumers and to the taxpayers. Thank you.
Mayor Carollo: Angel, let me ask you a question. You talked about that the problem was
mismanagement. And the only solution -- at least you've given what you think is a solution -- that out of
some 91 people that you say comes to nine million dollars ($9,000,000) --
Mr. Gonzalez: Yes, sir.
Mayor Carollo: -- that are on the payroll, that must mean that we have people that have. an average of
close to a hundred thousand dollars ($100,000), on the average, at 91 people.
Mr. Gonzalez: Sir, we have -- Mr. Mayor, we have people here with salaries of a hundred and thirty-four
thousand.
Mayor Carollo: Well, that's what I said, an average of a hundred thousand dollars, for 91 --
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CO
Mr. Gonzalez: Yes, sir.
�11
Mayor Carollo: -- to come to that figure of nine million. What do you suggest that we should do with
these people? Cut their salary by what percent? Fire people?
Mr. Gonzalez: Well, that should be determined by you who are the people -- like I once again say, we
elect you to govern us. OK? And I think your biggest duty is with the citizens and the taxpayers of the
City of Miami, who, in fact, are the ones that pay all of these salaries. I went through the ordeal on TV
two years ago, I think it was, a year, or last year on a budget hearing that lasted until 4 a.m. in the
morning. And the Commissioners keep insisting, you need to cut your salaries. You need to make some
savings. And there was no way that they could save money. There was no way that they could save
money. They could not save money. They could not save a dollar. OK? And as a government, I believe
that you should give the chance to them. You should say to them, we need to lower the budget by so
much amount, five percent, seven percent, eight percent. Either you do it or we do it for you. It's very
simple. OK? Because you are the government. Remember that the people out there, they're not going to
blame the administration. They're going to say the Mayor and the City Commissioners are raising our
taxes. The Mayor and the City Commissioners are not governing the way they should. The City and the
Mayor are the ones that are destroying the City and are, you know, doing all this harm to us. So actually,
the responsibility lies on you, on the Mayor and the Commissioners, not the administration.
Mayor Carollo: Do you know approximately how many employees that make an average of close to a
hundred thousand dollars ($100,000) that Miami -Dade County has?
Mr. Gonzalez: In Dade County?
Mayor Carollo: Yeah. Because --
Mr. Gonzalez: No, sir. I don't have an idea about Dade County.
Mayor Carollo: The part that I'm curious about is that I see these lists all the time coming on the City of
Miami, but I've never seen anyone bring up a list of Miami -Dade County or other governments. And
Miami -Dade County, that has ten times the employees, almost -- nine times that we have --
Mr. Gonzalez: Probably.
Mayor Carollo: -- has several thousands of employees- within the ranges that you described. And, in fact,
the City of Miami, compared to other governmental agencies, probably has an extremely low figure,
compared to other governments of this size than the others have. That's not to say that we should not
look, position by position, to. see if we could lower salaries in those positions. But at the same time, we
also have to be competitive. You know, you get what you pay for. And the solution is to find additional
income to the City that's not going to come from the pockets of the residents. - And this is what I've been
talking about here for some time, that we can't wait until the ninth hour when we're going through a
budget and go through the same story that we go through all the time. I haven't heard nothing different
here. And, in fact, if we begin now, once we're done with this budget, immediately working on next
year's budget, I guarantee you, we're going to find eight, nine million dollars ($9,000,000) of additional
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dollars that we could bring in, in recurring revenue that's not going to come from any fees increase or
anything other. In fact, I think that once we bring that money in, we will be able to reduce some of the
fees that we're talking about here. I don't think there is anyone here -- I haven't met any elected official
that ever liked to raise fees of any kind. And, you know, we haven't raised taxes, because the millage has
been lowered. In fact, I don't think anyone has argued that it's been the lowest total millage in the last 52,
53 years. What we're talking about is, is basically the garbage fee and a fire fee.
Mr. Gonzalez: And the fire.
Mayor Carollo: But for the record, I'd just like to read out to you other cities in the County government.
Coral Gables, four hundred and ninety-eight dollars ($498); Miami Shores, four hundred and twenty
dollars ($420); North Miami, three hundred and ninety-nine dollars and ninety-six cents ($399.96); North
Miami Beach, three hundred and ninety-seven ($397); Miami Springs, three hundred and seventy-one
seventy-six ($371.76); Biscayne Park, three hundred and seventy ($370); Homestead, three hundred and
fifty-five fifty-four ($355.54); Sweetwater, three hundred and forty-nine ($349); Pinecrest, three hundred
and forty-nine ($349); Miami -Dade County, three hundred and forty-nine ($349); Aventura, three hundred
and forty-nine ($349); Miami Beach, three hundred and twenty-five thirty-two ($325.32); Hialeah, three
hundred and twenty-four ($324); Opa Locka, three hundred and twenty-one thirty-six ($321.36), and so
on. You know, the cost of garbage, you know, it's a reality. And the City of Miami, as Commissioner
Winton pointed out, one of the biggest problems that we have is that we're carrying on our shoulders the
burden for the whole County, where all the different non -profits, governmental agencies, the hospitals,
they're all being dumped. They're all here in the center of the City. And this is what is hurting us
tremendously. If all these properties -- in fact, if even a fraction, half of all these properties would pay
taxes, you know what? We could get by without any fire fee, and basically, without having to pay hardly
any garbage fee at all. But what's killing us is that. And the State of Florida, unfortunately, has made so
many laws to benefit the counties where moneys that are ours, Dade County is taking them. Bed tax
money is a prime example. Many other dollars that they take it, they give it to us in fractions, how they
want it. Even in our traffic fines, we only get a third on the traffic fines. So this is an area that cities are
going to have to join forces. Citizens like you are going to have to help us to go to Tallahassee and
change some of those laws, too, so that we can benefit from the dollars that are rightly ours. You know,
right now, the City of Miami has more five star hotels that are being built than any other city that I know
of in the world. But you know who's going to be receiving that money and they'll give us whatever they
basically want out of it? It's the County. We don't have control over our own dollars that are coming in.
So this is why we're in the situation we're in. Frankly, what we have done here in the -last several years is
nothing more than close to being a miracle with what we've had to work with. It's been extremely,
extremely hard. I mean, I read to you all these other cities, what they're paying in garbage, and it's a lot
more, for the most part, than what we're paying in garbage. And on top of that, we're providing a
Mercedes Benz service that none of these cities are providing it. That's one area that we're going to have
to consider in cutting back. And this is why I am fighting so hard to put out for bid, whether as a whole or
in different parts, the parking in the City of Miami, because I believe, and I'm convinced that we can get a
substantial amount of more dollars, whether it's two, whether it's three, whether it's four million dollars
($4,000,000) more a year of income. And that's one that's right there. Others that were mentioned, the
Law Enforcement Trust Fund. The Police Department has to do a much better job in starting now, not a
month before the fiscal year is over, in seeing how some of those dollars can be used for legitimate areas
that are sanctioned by state statute in spending those moneys in the general fund. They get about four
million dollars ($4,000,000), maybe more each year. And I could go on in examples. We talked in the
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last two years, and Commissioner Sanchez has got a committee there, that we need to put out the naming
rights to the Orange.Bowl out for bids and sell the naming rights. You know, maybe we can't make a
million dollars ($1,000,000) on it, but you know what? We'll make five, six, seven hundred thousand
dollars ($700,000). So there are many things out there that we need to be working on that can bring in the
dollars this next fiscal year, but we got to start working on them right now.
Mr. Gonzalez: I agree with you in many of the things that you just mentioned. But for example, I own
properties in Hialeah. And, in fact, Hialeah, what I pay in solid waste in Hialeah may be a little bit higher
than the City of Miami. But the service is good. We don't pay fire, fire fee. We don't pay the -- all the
different fees that I pay here in the City of Miami. And I own property in both municipalities. I own
property in the City of Miami and I own property in Hialeah. What happens is that whenever -- whenever
you invest money on a property, you invest money to make money. You don't invest money to -- just to
accommodate people. OK? And times come -- whenever we have an increase in taxes or solid waste or
whatever, or fire fee, we have to pass that increase on to our tenants. Time comes when you, as a
landlord, realize that that's it. You cannot keep passing on the increases, because that tenant of yours
works in a factory or drives a truck, and makes six twenty-five an hour, and has two kids. OK? And you
lose your tenant. And pretty soon, you cannot -- if you keep on increasing your rent, you are not able to
rent your property, and you end up losing it. That's, you know, the fact. You have to pay water, you have
to pay, you know, the different services, you have to pay. And in our community, you know, there's a lot
of people are hard working people that unfortunately make low salaries and cannot afford to pay the rents
that exist in the City of Miami right now. And, you know, with the fees that keep being imposed on
property owners and property owners and landlords keep raising rents, there isgoing to be a disaster in
this City, unfortunately. So I believe that the City -- the taxpayers, we, the residents and the property
owners have to'pay taxes. But also, the administration has to be willing to sacrifice a little bit -- OK? --
and putting their little bit of support into coming into an agreement to reduce expenses, because if not,
every year -- Next year, they're not going to have enough money, and you're going to have to increase
the fire fee or the solid waste, or they're going to come up with another fee. You know, they are very --
they have a lot of imagination to create naives for fees. And that is going to be happening every year. I
mean, it's going to-- there's not going to be an end to it. Thank you.
Mayor Carollo: Thank you.
Commissioner Sanchez: Thank you. Mr. Chairman, if I may.
Mayor Carollo: All right.
Commissioner Sanchez: Around this time last year. --
Mayor Carollo: If I can, for a second, Commissioner. I apologize. The public hearing portion is now
closed. Go ahead.
Commissioner Sanchez: Around this time last year, we, this Commission -- and I led.the spearhead on --
was we brought -- we were looking for ways to reduce the expenditure of the City. Of course, two years
ago, the City had revenue of -- I think they were bringing in like a dollar thirty-seven ($1.37) and they
were -- expenditure was like two fourteen ($2.14), which was a disaster. We -- the City has made
improvements. I don't think anyone would dispute that. One of the things that I'm a little impressed is
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here -- and I think I'm open for optimistic -- is that the budget went up just one percent, compared to other
years in the past. I hate to say this, and I know that people don't want to hear it. But a lot of these things,
the new aministration, the Mayor and this Commission have inherited a lot of these things that have gone
wrong in the past. It's -- we got to deal with it. We have to get on the mound and pitch. When last year
we brought each department to come up, and I made a pitch to reduce it ten percent, and all hell broke
loose in the City, reduced it to five percent, and we tried to bring it down to three percent, and we couldn't
do it. And I believe out of every department, there were only two departments -- correct me if I'm wrong,
Mr. Teele that you brought it up -- the City Clerk was the one that decided that they could reduce their
department. There was one other department. I forgot.
Commissioner Teele: Fire Department.
Commissioner Sanchez: And Fire. And of course -- and Legal. Let's not forget Legal, also. We, this
Commission reduced its budget. The Mayor reduced his budget. And still, in the long run; when we had
to fine tune to reduce, we weren't able to reduce anything. There are expenditures in the City. I don't
think anyone could get up here and say there's not waste in the City. There are wastes in the City. And
just by you leaving the room and leaving the light on the whole night is a waste, because it's taxpayers'
money. We need to, one, evaluate the operations of every department. And yes, I do have this list of
salaries, which I'm shocked in a way. But I'm going to study the salaries. There's a lot of people here
that have been here for 20 some years, and maybe their salary is adequate. Maybe some that may not be
adequate. And the list, when it pertains to nine million dollars ($9,000,000), I will look into it. But there
are other things that we need to look at. That is the operations of the departments. Maybe we should start
right after this budget, budget vote to find ways to every -- once a month, have an item where we suggest
ways to reduce. You know, one of the alarming concerns -- and I don't care that people's eyebrows are
going to open up -- is 76 percent are salaries, fringe benefits and benefits. That's a bit high. Some people
might say it's not. I think it's a bit high, compared to other municipalities and other private sector
businesses. Now, one of the things that we need to do is, one, find ways to trim some of the waste that we
have. And there's ways to do that. But we've got to come up with it. We're the ones that are going to
have to come up with it. But you know what? The Mayor is absolutely right. People are going to have to
come on board and give public input. We right now lowered our millage. And you know what? I don't
care if we color it with crystal, you know, put gold on it, we're not going to be able to sell it, because once
again, the County raised theirs. And people are comparing apples to oranges aren't going to agree. The
shool also agreed on it. But I think -- one thing that I've learned here in the two years and five months,
almost six months that I've been here. Bureaucracy, when you start finding ways to deal with
bureaucracy, bureaucracy covers itself. You run into a wall. It may not be pretty and it may not be
pleasant to do. But if you look at the budget sometimes -- and I'm very proud to say that this year,
Bayfront Park has a surplus of. over seven hundred thousand dollars ($700,000). OK? But in government
-- and Mr. Teele, who probably has the highest experience in Federal Government knows. that when the
budget -- in high government, when budget comes to an end and they have money, the first thing is they
go around and they spend it. Why? Because they know if they have surplus, the next coming year, what's
going to happen to their.budget? It's going to be cut. This City has done tremendous things to improve
what was once considered mismanagement, the anti -deficiency, which has been applied to this City, and
we're going to take it a step further in the upcoming months. But the bottom line is that we're going to
have to find ways to reduce. Maybe there are some departments here that are very top heavy that we
might have to reduce, maybe wait for people to retire and not fill in those positions, I mean. But it's going
to have to be done. Last year, I made the same argument to bring into each department. You know what?
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I am glad to see that some of the departments this year on this budget have reduced their budget. And it's
arguments that were made last year that I won't be making this year. But it's going to take everyone. It's
not going to take us to reduce. It's going to take you to reduce. The officers are going .to have to find
ways to reduce and come back with a report. Work on it, on a 365 -year (sic) project to find ways to
reduce the budget. We went from three hundred and sixty million dollars ($360,000,000) to three hundred
and seventeen? One percent increase. I don't think that's ever happened in this City. It's always been
very -- a couple of percentages and even sometimes higher than five percent, an increase of budget. But
we need to start focusing on ways to, right now, for this year -- next year coming up finding ways to
reduce expenditures in the City. There's just no doubt about it, none.
Mayor Carollo: Commissioner Gort.
Vice Chairman Gort: Mr. Mayor, the -- ever since I got elected in '93, November of '93, one of the things
that I requested was that we look at the Sanitation Department. And I requested that we have too much of
services. We have four pickups in a week. It's a lot better than any other city. I've asked if that service
could be reduced and still provide service to the City, if we would have savings. I kept getting back from
people in their department there would be no savings, even if we reduced the pickup. That's the feedback
that I got from administration. I'm sure I'm going to get a different feedback from you. The other thing is
for the first time within the City, the internal audit came out with an audit report that shows a lot of
deficiencies, which I'm sure you already looked at it, and I'm sure you, as the Manager, is going to take
care of it. And if we take case of those deficiencies they point out in the internal audit report, we're going
to find some additional savings in there. But most importantly, when you look at the -- and we need to
explain this to the people -- when you look at the tax, although we dropped, the millage, our taxes in the
City of Miami in this document goes up. I mean, everybody else's go down, but ours go up, even though
we decreased the millage. So somehow, we had to coordinate with the County to make sure that the
information that goes out to the public is the right information. Because a lot of the projections that the
people are getting, they're wrong. So somehow, we need to check with the County, because this is wrong,
this document that I have here. This lady had an additional decrease or exemption of an additional
twenty-five thousand dollars ($25,000), and it still shows an increase in her tax, in ad valorem taxes. So
we need to check on that.
Mr. Gimenez: Yes, sir.
Mayor Carollo: OK. Well, what we --
Commissioner Teele: Mr. Chairman.
Mayor Carollo: Go ahead.
Commissioner Teele: Mr. Chairman, it's 7:30.
Mayor Carollo: That's where I was heading to.
Commissioner Teele: We had a public hearing.
Mayor Carollo: We have to adopt the tentative millage rate.
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o
Commissioner Teele: No. one has spoken in opposition to the millage, of everyone that's spoken.
Everyone is in favor, I assume, of the millage going down. I would also note, Mr. Chairman, the presence
of the former Assistant Manager for Finance who promised to be back with.us during --
Vice Chairman Gort: And we're trying to recruit her back.
Commissioner Teele: -- during the budget hearing, and she is back, Bertha Henry, and it's good to see
her. I would -- if the Chair will entertain it, I will move the resolution and let the Attorney read it into the
record so that we can begin a discussion on the millage.
Mayor Carollo: There's a motion by Commissioner Teele.
Commissioner Sanchez: Second.
Mayor Carollo: Seconded by Commissioner Sanchez to adopt the tentative millage rate.
Commissioner Teele: Mr. Attorney, do you need to read anything?
Mr. Vilarello: Yes. The proposed fiscal year 2001 millage rate for the City of Miami is eight point nine
nine five -o, (8.9950), which is o -point five -o five -o (0.5050) lower than the rate for the current fiscal year.
The proposed rate is lower than the rollback rate by point o -five percent (.05%). The ordinance is an
ordinance of the Miami City Commission defining and designating the territorial limits of the City of
Miami for the purpose of taxation; fixing the millage and levying taxes in the City of Miami, Florida, for
the fiscal year beginning October 1, 2000 and ending September 30, 2001; containing a repealer provision,
a severability clause, and providing for an effective date.
Mayor Carollo: Can you call the roll?
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION DEFINING
AND DESIGNATING THE TERRITORIAL LIMITS FOR THE CITY
OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE
MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI,
FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000
AND ENDING SEPTEMBER 30, 2001; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
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was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Mayor Carollo: OK. Now we're on the second item that we have to take up, and that's to adopt the
tentative budget or the amended tentative budget, if need be.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: It's important to understand that this is the first reading. There will be a second
reading.
Commissioner Teele: Second reading will be held on September 281" at 5 p.m.
Vice Chairman Gort: The 28t", OK.
Commissioner Teele: Mr. Chairman.
Mayor Carollo: Go ahead, Commissioner Teele.
Commissioner Teele: I would like to have some discussion on a number of issues relating to the budget.
But with your permission, I would like to move the budget for the purpose of putting it on the table for a
full discussion. I would so move, Mr. Chairman.
Mayor Carollo: That's fine. There's a motion by Commissioner Teele.
Commissioner Sanchez: Second.
Mayor Carollo: Second by Commissioner Sanchez for the purpose of discussion.
Commissioner Teele: Mr. Chairman, on the discussion item, I think that this hearing tonight is certainly
enlightening to me, and it is helpful to have people come out and express their views. I think what's very
clear in the absence is, really, substantial numbers of residents. I think most of the people that we've
heard from tonight, many of them are residents, but most are speaking regarding properties that are being
rented. And I was particularly moved by the gentleman on 54`" Street, who discussed -- 591" Street -- who
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discussed the fact that if you raise the rent twenty-five dollars ($25) or so, people move north to North
Miami, and I do think that's something we've got to be concerned with. The question that I have, Mr.
Manager, is how can we begin to orderly remove some of the burden on the commercial uses, specifically,
Ms. Judy -- what was her name?
Ms. Clark: Clark.
Commissioner Teele: Clark. I thought it was Clark. Spoke about the fee that is imposed regarding the
illegal dumping. Would you explain very quickly -- first of all, how much is that, Madam Budget
Director? What does that aggregate to, and how does that work? And Mr. Manager, would you explain
how that is imposed, because it seems to me that that was imposed some time ago. As we've added on
that fee and the inspection fee that someone spoke about, and as we've added on these things, we need to
look at how we can take some of it off to minimize the impact on commercial. I think it's very important
that we want to send the signal that we need landlords, responsible landlords in this community to provide
housing. I think it's very, very clear that we've got a problem. We've sort of "torted" this thing up.
When you look at the fire fee, the solid waste increases, plus the add-ons, the one that Ms. Carter spoke
about in particular, and we need to --. I'm in favor of trying to ratchet down some of these fees that
particularly affect the landlords. So could you just explain quickly? How is that fee imposed, the illegal
garbage or the illegal dumping fee? And what does that aggregate in terms of absolute dollars.
Mr. Gimenez: Yes, sir. If I could lean on the Acting Director of (inaudible).
Hector Lima (Acting Director, Building): A couple years back, we were requested to add some fees to --
Vice Chairman Gort: And you are?
Mr. Lima: He introduced me. I'm sorry. Hector Lima, Acting Director of the Building Department. We
collect a fee --
Commissioner Teele: When you say "a couple of years," are we saying two, or three or four, roughly?
Mr. Lima: I believe it was 1998.
Mr. Gimenez: I believe that that was imposed during the era of Jose Garcia -Pedrosa as manager.
Vice Chairman Gort: '96.
Mr. Lima: That is correct. That came from Miami Beach. It was in October of 1998, and it was started in
April. I recall the date. When we issue permit fees, I mean permit for construction, we, charge a
percentage of the estimated cost for the removing of illegal dumping of debris for the Solid Waste
Department.
Commissioner Teele: So this is only on construction.
Vice Chairman Gort: Construction.
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Mr. Lima: This is -- the one that I represent is the one that we charge, as the gentleman was saying, when
they -- when we issue building permits. We charge a percentage, and that goes directly to alleviate the
expenses to the Solid Waste Department.
Commissioner Winton: And that's called the construction debris removal fee, right?
Mr. Lima: That is correct.
Commissioner Winton: Which is different than the supplemental waste fee.
Mr. Lima: I believe the supplemental is the one that was charged when the certificate of use is issued, but
I'm not 100 percent sure.
Vice Chairman Gort: That's the one. That's the one. That's the one.
Commissioner Teele: That's the one we're talking about, the supplemental waste fee.
Commissioner Winton: There's actually two you're talking about. The gentleman here talked about the
construction debris removal fee.
Unidentified Speaker: No, no.
Vice Chairman Gort: No, no. No, no.
Commissioner Winton: Not you. I'm talking to him.
Vice Chairman Gort: But the one that affects the apartment buildings --
Commissioner Teele: I'm not referring to the construction. I understand the logic and the rationale for
that. What I'm having a hard time understanding, in the context of a fire fee, why do we have to --
Vice Chairman Gort: I can tell you what it is. As I recall, that was an ordinance that was in existence
within the City of Miami, but was never implemented, not only to apartment buildings, but to businesses.
It was a fee that was attached to them that they were supposed to alleviate the collections of the debris
being generated by the --
Commissioner Teele: It's called a supplemental waste fee.
Vice Chairman Gort: That's correct.
Commissioner Teele: I remember I went to this businessman there in -- I'll never forget -- right there near
the old Arena -- new Arena. He showed me the fee. And he said, "Look out my window." And it was
garbage. And he said, "Commissioner, I wouldn't mind paying the fee if you collected this illegal
garbage." And I mean, the place, it was a dump truckload of garbage there. So how much are we talking
about?
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E
Ms. Haskins: The supplemental waste fee is two point one million.
Commissioner Teele: How much?
Ms. Haskins: Two point one million.
Commissioner Teele: And that's added on to each -- what?
Vice Chairman Gort: Certificate of use.
Commissioner Teele: Certificate of use by any business?
Mr. Vilarello: Per year.
Vice Chairman Gort: Businesses, any one.
Commissioner Teele: Two point one million?
Ms. Haskins: Two point one million.
Vice Chairman Gort: Commissioner Teele, if I may. And I agree with you 100 percent that the -- there's
certain neighborhoods that we need to maintain the apartments. We need to maintain the property owners
to keep up the -- And most of these neighborhoods that we talked about, they're within the CDBG
(Community Development Block Grant) target area. And I agree with you. We have to find a way that
these apartments can be maintained. Because what happens is people move out, then there's the vacant
apartments. People go in, they break in, and that becomes a problem for the City of Miami. So we need
to find, try to find a solution for that. And that's, you are right, that was -- came out during the arguments
that were presented by the people here.
Commissioner Teele: Well, let me just communicate. I think it's almost Chinese water torture --I don't
mean to.demean anyone that's Chinese -- the water torture treatment. One drop, one drop. I mean, you
know, it's not so much the fees. It's the cumulative effect of all these different fees, you know. And if the
fee were a fire fee and a solid waste fee, we could probably get out of here without everybody being so
upset. But when you've got a supplemental waste fee, when you've got, you know, the construction fee,
it's -- you know, it's all going at the same thing. So I'm going to tell you right up front. I'd like to figure
out between now and next meeting how we can look at taking some of these fees off. But I'm very well
aware, as the Mayor said, alluded to in the very beginning of this discussion that it's irresponsible for me
or anybody else to say, I'm not going to support a fee if I don't come in with a corresponding budget cut
or new revenue. Now, that's the so-called zero sum process that we're in when we're in a legislative
process. You know, everybody can say, "I'm against the fee." That's great politics. I'm against the fire
fee. I think the fire fee was wrong, I mean, but the Commission had already voted to do it. I was the one
vote. Everybody ran. I was the only guy that didn't vote to do it. But the Commission, as an institution,
had voted to do it. And so, I mean, I felt obliged that we go forward. But I'm saying right here and now,
Mr. Manager, it is -- if we're going to collect the fire fee, then we ought to get everything that we need in
the fire fee, to the extent that we can, in terms of the dollar amount, as opposed to the add-ons, on top of
solid waste fees, fire fees, and then adding on additional kinds of things. So I want to be -- I'm very much
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0 0
moved by the discussion that we really do need to try to provide some relief to these business owners that
are providing a very important and a very valuable service. Everyone cannot own a home in this
community, and we need to address -- I think show some movement in the direction of the business
owners that have these units. So that's my commitment, Mr. Manager that I'd like to try to understand
this a little bit better, with a view toward removing that fee. Now, the issue that has been raised about the
fire fee consistently is the capital cost and the operating cost. What percentage of the fire fee that we're
collecting now is capital, and what percentage is operational? If you'll remember, Mr. Chief, Mr.
Manager, when we started out with this fee, it was going to be 100 percent capital. And now, you know, I
remember the discussions with Commissioners that's not here, and a little bit of operational. And, you
know, I know that's a slippery slope that you're going to get down, and it's going to wind up getting out
of control. So where are we now with capital versus operational, as it relates to the fire fee.
Mr. Gimenez: Bluntly speaking, about fourteen million dollars ($14,000,000) total, there's four million
dollars ($4,000,000) that goes to the capital, and the rest goes to the operations.
Commissioner Teele: So we flipped this thing around in the last two years.
Mr. Gimenez: The original intent was the four point two to go strictly to capital. And then it was raised
as part of the five-year plan. The original four point two still went to capital, but all the other increases
have gone to the operating cost.
Commissioner Teele: Well, you know, it's -- I don't want to start a big issue all over again. But, you
know, we're really quick to compare -- And I wanted to say, Madam Budget Director, that your
presentation, I find, was extremely intellectually honest, and much better than some of the presentations
that I've seen that tend to a little bit be confusing, if not misleading. But the point is, we're quick to point
out the comparison on solid waste. I mean, we've spent about an hour talking about the differences in
Coral Gables, and Miami -Dade. And I agree those are real numbers. But when it comes to fire, we don't
have any comparisons. See? And that, to me, is an issue that I think we need to be intellectually honest
about, because let's face it, 60 percent of this budget is Police and Fire. Is that a fair statement?
Ms. Haskins: More than that.
Mr. Gimenez: Yes, sir. More than that.
Commissioner Teele: Seventy percent?
Ms. Haskins: Probably 75 percent.
Commissioner Teele: Seventy-five percent is Fire and budget (sic). So, you know, we can spend all night
talking about GSA (General Services Administration). And by the way, I want to know how much money
GSA is going to be carrying over this year, since they didn't have money to provide overtime for some
work that needed to be done here in the building. But I really would like to know the amount of GSA
dollars.
Mr. Gimenez: That work will be done.
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Commissioner Teele: Yeah, but I want to know how much -- because, see, I think that raises a whole
other issue. And if anybody's budget gets visited, we need to look closely at that, if that's the way they're
going to operate. But the point is Fire and Police budgets; we need to spend our time looking at those
budgets. I mean, it's always great to talk about the number of people that make over a hundred thousand
dollars ($100,000). And I'm going to tell you something. This is misleading, too, because you got to add
in about 30 percent on top of this. What's the fringe benefit rate that we're using?
Ms. Haskins: It's in excess of 40 percent.
Commissioner Teele: Huh?
Ms. Haskins: It's really in excess of 40 percent.
Commissioner Teele: Forty percent?
Ms. Haskins: That includes workers' comp.
Commissioner Teele: So all these numbers, you add 40 percent. You know, that's what people don't
understand when you talk about government. And this doesn't bother me at all, because I do think, as the
Mayor said, you're going to get what you pay for. What would be helpful to me is to see how many of
them live in the City of Miami, because I think that's the real issue of how you get more efficiency and
more productivity. And that's particularly true in the discussions that we've had in the past about fire.
But I really do think that the Fire Department is putting itself out there if you don't work with us to reduce
some of these fees, because these fees are just cumulatively too much. We need to go back and look at
them between now and next meeting and see how we can -- we can adjust the fire fees. We can't adjust it
upwards, of course, but how we can look at taking some of these supplementals off, so that the numbers
are not quite as hidden. I have a number of questions, GSA, carryover. The intellectually honest
question: We instructed that this budget this year from last year be fully loaded. Do these numbers reflect
fully loaded cost?
Ms. Haskins: We have a schedule in the book that has the fully loaded cost for each department.
Commissioner Teele: But the numbers that are being presented and waved around generally are not the
fully loaded numbers; is that correct?
Ms. Haskins: The budget by fund gives you the total cost, including fully -- it's fully loaded.
Commissioner Teele: OK. Well, let's just start with the question that someone asked the Fire
Department. We had the Fire Chief to come up and give an answer. It was forty million. It was seventy
million. What is the fully loaded cost of the Fire Department?
Ms. Haskins: The total cost of the Fire -Rescue is seventy million, two sixty-one, nine thirty-two.
Commissioner Teele: That's the fully loaded cost.
Ms. Haskins: Fully loaded.
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Commissioner Teele: That's the allocated cost as it relates to workers' comp., as it relates to da -da -da -da.
Ms. Haskins: Fully, yes, sir.
Commissioner Teele. And what is the fully loaded -- it's seventy million dollars ($70,000,000).
Ms. Haskins: Mm-hmm. Yes, sir.
Commissioner Teele: And what is the fully loaded cost of the Police Department?
Ms. Haskins: The fully -loaded cost of the Police Department is a. hundred and fifty-seven million, nine
hundred and ninety-four thousand, one hundred and eleven dollars ($157,994,111).
Commissioner Teele: A hundred and fifty --
Ms. Haskins: -- seven million, nine ninety-four.
Mayor Carollo: A hundred and fifty-eight million.
Commissioner Teele: And you all have worked with GSA to back out the cars? Because last year,
everybody couldn't figure out whether it was a police car or a garbage truck, and everybody -- you know.
Ms. Haskins: I don't know last year, but I know that this year, the fleet has been allocated out, yes.
Commissioner Teele: So the fleet is allocated. The ITD (Information Technology Department) is
allocated. The technology is allocated. ,
Ms. Haskins: Service areas are allocated.
Commissioner Teele: And you're representing to us, or to me at least, that the fully -load -- that these
numbers that you're giving us now of those two departments are the fully -loaded cost of the Fire
Department at seventy million dollars ($70,000,000), and the Police Department at a hundred and fifty.
Ms. Haskins: Yes, sir.
Commissioner Teele: And if you'd like to check that and come back next week and look at it again, if
there are any changes --
Ms. Haskins: What I'm not sure of -- let me explain something to you. What I'm not sure of is if we've
allocated out service areas, like Information Technology. I don't think that was allocated out. But
certainly, the larger expenses, risk management, employee benefits, GSA.
Commissioner Teele: In rough dollars. The big numbers are retirement, risk management.
Ms. Haskins: Exactly. Those have been allocated, and that is in your budget book.
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Commissioner Teele: GSA, motor pool cost.
Ms. Haskins: Yes, sir.
Commissioner Teele: OK. And I really would like to talk to the Manager in this process about the NET
offices. You know, we heard from the former NET Assistant Manager. Would you all leave him alone
for a minute? Would you all leave him alone, just for one minute? We heard from the Assistant -- we
heard from the previous Assistant Manager from NET that was in charge of NET that they were going to
look at the NET structure, that they were going to have this big retreat. There was going to be a
workshop. We're going to look at loading -- you know, reducing the number of NET's, making sure that
NET's have some logic, in terms of the work force. There's a lot of -- there's some real disparities about
the number of people that they serve and the number of staff that they have. And Mr. Manager, can you
assure us that this budget reflects that reconciliation?
Mr. Gimenez: No, I can't. Like I said when I first, you know, took the position and I was asked about
reorganizing, we're in a process of looking at the organization and we just basically -- we did not have the
time before, you know, available to us to do a comprehensive reorganization. So we are doing this. Every
Friday, we meet and we (inaudible) staff and we have a different subject and we look at different aspects
of the City. NET is one of the things that we need to look at to see how we can (inaudible).
Commissioner Teele: All right. The budget is what it is, but I just want to make sure. Somewhere along
the line, when we had the budget hearing last year, and the issues that were addressed, somebody ought to
come forth. There ought to be enough institutional memory, other than -- rather than Commissioners that
staff is dealing with this. I mean, what I don't want to hear is, "I wasn't here last year, so don't ask me
that question," with all due respect, because this is an institution that we're dealing with. This is not
personal, at all, at all. It's certainly not directed at you. In fact, you're much --
Mr. Gimenez: Sir, I can only pick up the ball and -- I can pick up the ball. And since I picked up the ball
in May, I've been working in that direction, and it's going to take some time.
Commissioner Teele: Yeah. I want to just say the Budget Director is much enlightened, and I'm really
happy. And I don't want you to take my comments at you personally, because I think that you're doing --
you know, from what I can see, you're doing a very outstanding job. As it relates to the Parks
Department, it seems, Mr. Manager, if I'm clear on this, that the Police Department has contributed or at
least made a commitment for a substantial number, about -- was it 18 staff persons?
Ms. Haskins: Eighteen.
Commissioner Teele: And those are going to be people in the Parks Department. And that represents new
people; is that right? Or new bodies?
Mr. Gimenez: Yes, sir.
Commissioner Teele: Well, that's very, very helpful. And I think that's consistent with the Mayor's
memorandum in the budget hearing last year as to how we can work with the police to make more funds
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available from Law Enforcement Trust. The number of the Police Department is something that I'm
going to want to revisit next week or next budget. I mean, it just seems to me that that number is
something that I need to understand. Previously, there's been discussion regarding -- Chief, are you
available, please, through the Manager? Previously, there's been discussion about one of the very
sensitive issues. And I think this community and this Commission needs to address this issue very, very
clearly and very, very sensitively. The Federal Government has represented a hundred plus million dollars
of the funding for the Police Department over the last five years. Is that a fair statement?
Raul Martinez (Chief of Police): Yes, sir, roughly on that number.
Commissioner Teele: OK. And in light of some of the circumstances that have transpired over the last
few months, I've raised a concern several times regarding better liaison, and specifically, senior liaison
with the Federal Government. Did you place any position, a non-uniform position that can work in a more
concentrated and focused way to begin or to continue the issues of fostering a much closer relationship
with the Federal Government, especially the FBI (Federal Bureau of Investigation) and the Justice
Department, that gives us a lot of grant funds?
Chief Martinez: No, sir. In fact, we cut nine civilian positions from our budget for next year. We did not
increase any positions.
Commissioner Teele: Do you have objection to that kind -- Listen, this Commission needs to send a very
strong signal that we know that we've got to work closely with the Federal Government in the law
enforcement area. Do you have any objection to that approach?
Chief Martinez: No, sir.
Commissioner Teele: Mr. Manager, would you, at the next budget meeting, give us the benefit of a plan
that perhaps implements that. I'll work to develop the funding. But I really do think that one of the things
that comes out of this, having served in Washington for years, and knowing how Washington -- and I
think in light of the -- where is the Planning Director who takes me to -- where is she? She told me very
politely she objects to the word -- what was that word you objected to that I use so much?
Ana Gelabert
(Director, Planning & Zoning): I think you used the word, "bureaucrats."
Commissioner Teele: Yes. And she told me very politely --
Vice Chairman Gort: Name and --
Commissioner Teele: You know, and I really just respect that, because you did it in such a classy way.
And then after I saw the rats in the subliminal message, I decided I'm not going to use that anymore. But
I really do --
Vice Chairman Gort: It's "technocrats."
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Commissioner Teele: But it's still "rats" at the end. These guys have blown it for us. I really do think
that in the context of professional civil service, we need to have a continuous ongoing presence with the
federal and state, as a liaison person. And I think that is something that needs to emanate from this
Commission, because I think in many ways, the problems that we have fostered that may be perceived are,
in fact, political problems. Now, let me just say this: Having served in Washington, the worst thing that
professionals do is they anticipate their boss. And so I found that if I said, "That so-and-so chairman of
that Transit Authority just worries me to death," next thing, you look around six months later, no
recommendations are coming forward from the staff regarding that Transit Authority, because people try
to anticipate what the boss wants or what does. I mean, that's just human nature. And I think the problem
that we are going to be confronted with, if we're not careful, is just sort of this anticipation. I know that
Janet Reno feels very strongly and very warmly about this community. And I know that the senior Justice
Departments do, as well. And I know that Clinton and Gore do, even more so right now. But the fact of
the matter is, is that we need to begin a process. And I would ask you, Mr. Manager, to come forward
with something that has all of the elements, the personnel elements. I'm not going to make any input on
how that should be structured or what it should look like, but I really do think that it's important that we
have that option. I had mentioned earlier today that I think you all should look at executive benefits in the
context of the issue that the Manager or that the Attorney and others have done, and I think the County is a
very good model. They have, I think, six levels, one through six. But I think we need to standardize this.
We need to get out of personality of this person is getting this benefit level. We need to come up with
some degree of consistency. I was looking. One person has a fifty -dollar ($50) phone allowance; another
person, two hundred; another person, unlimited. We need to standardize that. And I would hope that
before the next budget meeting, Commissioner Gort, you can come back with some recommendations
regarding that, and some -- how you would distribute those, based upon what we're doing now. Very
quickly, the issue of human resources on the budget. Every year, you know, I've made the same point of
training on the telephone. I was in a very senior, high ranking official's office the other day who makes
over a hundred thousand dollars ($100,000), I guess, who reports directly to the Commission, kind of
chubby, getting more and more chubby.
Mayor Carollo: Excuse me. Are your two minutes up?
Commissioner Teele: No, sir.
Mayor Carollo: OK.
Ms. Haskins: One more.
Commissioner Teele: But, you know, the fact of the matter is that we need a lot more telephone use. And
so I really do think that the training issues are there. I did not have any discussion before the public
hearing ended. And there was at least an hour discussion, so I'm going to at least have 15 minutes of what
I would like to look at in the next budget. The area that I think that we've really got to focus on -- and
where is Angela Bellamy? -- is that we really need to focus, I believe, on a training modular, and I'd like
to understand in the next budget hearing as it relates to customer service. And I think we need to -- maybe
the Mayor's office -- we need to come up with some catchy way of saying it, but we've really got to
underscore to our employees that we're here to serve the public. This is particularly true in the NET
offices, as well, that we've got to change the orientation. And I think we've got to do that through a
massive training program as it relates to customer service. Mr. Manager and Mr. Chairman, I am very,
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very satisfied that the budget, on the whole, is well thought out, and I would be pleased at the appropriate
time to support the budget with the understanding that over the next two weeks, I'm going to be meeting
with staff on the issues and other issues that I've outlined here, in an attempt to try to sharpen the budget
even more. Thank you, Mr. Chairman.
Mayor Carollo: Thank you, Commissioner Teele.
Commissioner Regalado: Mr. Chairman.
Mayor Carollo: Commissioner Regalado, go ahead.
Commissioner Regalado: One, I have heard what all the members of the Commission, and the Mayor and
the Administration, and, of course, the residents have said about their complaints and our excuses. And I
think it should be said that, first of all, this is a new administration. So there's no point in blaming this
Manager for anything that we feel is wrong. But I think that we have to realize that when the Mayor says
that if we are going to not raise taxes or raise fees that we need to come up with money to offset that
decision, the problem is -- and I hope that the people of Miami would understand this -- that the past
administrations have dedicated their time to bring more qualified people, to organize, to have a lot of
meetings and decide on new strategies, and not concentrate on new revenues, on new projects. All the
projects, all the dreams, all the hopes, all the possibilities are just that -- dreams and possibilities. We
have not been able to bring a major source of revenue to the City. So I hope that, like the Mayor said, we
get to work immediately. But we have a problem, and we still have a problem. We had it with Mr.
Warshaw, and we seem to have this kind of problem with Mr. Gimenez. It's that we --
Mayor Carollo: Clarify the problems, because they're --
Commissioner Regalado: The problem is, Mr. Mayor that we do not get information about the different
projects that are being worked on. I understand, and the Manager said that, mentioned that in the last
meeting of -- I think in July -- that we are close or we are done with the deal for the Port of Miami with
the County. I don't know. I hope to read the Miami Herald someday and find out what we've done with
Watson Island and the Port of Miami. And I requested some information on the Miami Rowing Club,
because I saw in my files that the lease was going to expire. And I got a memo very quickly, I might say,
and that is something that this Manager has worked on very well --I have to say that in responding --
saying that they're talking to these people to see their needs, and then they'll let us know. Well, the
contract expires in December the Ist. That is my understanding. So we don't know what should we do.
We got an audit report about the Rickenbacker Marina, which says it's a bad deal. And we're told that we
cannot do anything. However, I know -- because I saw it, I went there -- that part of the pier fell down
and just crashed on the water. And I thought that that could be a breach in the contract or something like
that. But we have not explored that. What I'm saying is that for the past three years, the City has been
bringing on good people. I do not dispute that. As a matter of fact, I think we have great people here
organizing. But we cannot be blamed for not bringing new revenues, because we do not have the
resources, the information or the cooperation to do this. And so the only option that we have as a
Commission is to work within the budget and to try to make some changes or recommendations, that
because of the changes of the administration, it takes a long time to achieve. If we can do it, I would think
that we should do maybe today, maybe in the next final hearing some changes within this budget. I, for
one, do not agree with the solid waste fee, because it's a very discriminatory fee. It doesn't affect some
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people, and yet it affects people that are struggling to keep their homes. I see that looking to the future, it
says among the goals: Insure that fees represent the cost of providing the service. I am very concerned
about this goal, because we still are being told that we still are subsidizing the solid waste service, and that
probably, we're going to have to raise the solid waste next year more than it is. But at the same time, our
goal is to increase homeownership in the City of Miami. And I wonder if we are helping to do that. The
twenty-five thousand dollar ($25,000) double exception that was approved -- by the way, if we check the
records of the Elections Department of Miami -Dade County, by 82 percent of the residents of Miami, of
the voters of Miami, 82, while in the State of Florida that was approved by 62, in the City of Miami, it was
approved by 82. So there is no way that this was a gift from this government, or this administration, or
this City Commission or this Mayor to the people of Miami. They are entitled to it. They voted for it.
They went out and voted for it. So that's a given. We cannot say that that was part of something that we
did for the people of Miami. So the only thing that we can do is try, as I said, to work with this budget.
And you know why the people are complaining? Because we have not shown at least the will to tell the
people of Miami that we are reducing expenses. And for the people of Miami, the only option to have a
City that functions is taxes and fee. So this is why I think that this Commission, who has the power to
work within the budget should do several things. First of all, we cannot hope to reduce the budget of the
Police Department. That is something that it's now impossible. However, we can ask the Chief of Police
to keep doing what he's doing, of sending more people out to the street. Because one of the main
concerns of the people of Miami is that they do not see police on the streets. And I hope that Chief
Martinez will keep doing this. The other concern that this Commission has expressed is the Parks
Department. The Parks Department, of course, it has 18 new positions that are funded .by the Police
Department. But these people are not park employees. These people work within the park system to do
recreation programs. They do not clean the parks nor open or close the restrooms on Saturdays and
Sundays: So we need to have more people, more part-time people working within the Parks Department,
because the least that we can do, if we order the people of Miami to pay fees and taxes is to give them
service in one of their most beautiful things that we have, which are the Parks Department. The second
complaint of the people of Miami, many of the people of Miami is flood, flooding in the streets. So we
need to have more work done in the storm sewers of the City of Miami that is prone to be flooded. And
there's no way that we can control nature. So we know, and I can tell you, and the Manager knows that
there are hundreds of places that get flooded with just a little rain. And we keep saying about the NET
offices and the concept of NET. I believe that the NET office should change their philosophy of not
punishing people, but educating people and going after those people who really are creating a quality of
life problem. And you know why we do not make headways in what we want to do with the NET offices?
Because the NET offices don't work on Saturdays and Sundays. And this is when people clean their
yards, people do the mechanics in the middle of the streets, people do all the weird things that they do.
But we don't have any inspector and we don't have any police to go there. The Manager has dozens of
memos that I've sent about mechanic work, about even roosters and chickens. But the problem is that we
do not have any possibility of sending out inspectors on Saturdays and Sundays. So my proposal is, Mr.
Manager -- and I don't know if you want to do this now or wait for the next -- to do some changes in
terms of enhancing some departments for this kind of work, using funds from other departments. I don't
know if you want to do it today or in the next budget hearing when we finalize this.
Vice Chairman Gort: Mr. Mayor.
Mr. Gimenez: I guess I'll do it the next budget hearing. But I do have to respond to some of the things
that -- if I may -- that you said.
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Mayor Carollo: Please don't -- don't --
Mr. Gimenez: First of all, I agree that some of our projects have taken way too long to get on the ground.
But I do send the Commission and the Mayor a status report at least every other week on all the different
projects of the Planning Department, Real Estate and Economic Development. They have gotten a very
clear message from this administration that I want those projects to move, and I want to see, you know,
construction, as quickly as possible. So, you know, I do agree that it's taken too long. I hope that we will
be able to fulfill some of those promises in the near future, and we really have a focus on that. In terms of
the flooding problem --
Commissioner Regalado: Excuse me, Carlos. I don't know anything about the Port of Miami. I don't
know if we are doing anything. I understand that you are meeting with the County and that you're having
some conversations about even money. I don't know. I heard that from the County. I don't know,
because it was not included on the list that you sent. The list that you sent mentioned Watson Island in
terms of Parrot Jungle. It mentioned the Coconut Grove Convention Center. It mentioned --
Mr. Gimenez: It's about a four- or five-page memorandum with a number of projects. And if I did not
include the port, I'll be happy to include the port.
Commissioner Regalado: No, it's not about being happy. It's that we don't know. We could have
probably some input if we know. But we don't know what is going on.
Mr. Gimenez: There is a status report on the port I'll be happy to send your way, and if you have any
input on that, I'll be happy to hear it.
Commissioner Sanchez: Mr. Vice Chairman.
Mayor Carollo: Anything else? Just please be gentle with those roosters and chickens. I think
Commissioner Gort was next and we'll get you.
Vice Chairman Gort: Yeah. We need to understand, we've had a lot of changes in administration in very
short years, and that's one of the problems that we've had in the past. The commitment that we made
when we went into the crisis and we put this fee is we would try to do away with the fee as soon as we
can. The one source of revenue that we always talked about are the City properties that we can maximize.
And the biggest problem that we have -- and this has got to be with the Law Department. Somehow, we
have to work as a team and see how we can expedite those contracts. We have a contract that we have
missed already seven hundred thousand dollars ($700,000). We have the Parrot Jungle, which is another
contract that should have been paid in rent a long time ago. And these projects, somehow, we have to find
ways to expedite them so that income can come in. And that, in itself, will create the additional economic
development, not only in these places, but within the neighborhoods which so much needs to raise the
taxes. At the same time, I was in Orlando -- and I talked to the Manager and to the Finance Director the
other day. I was in Orlando last week, and I was looking at the Orange County budget. We have over 35
percent of our properties that are tax exempt. Now, somehow, Orlando or Orange County has found a
way to tax -- not to tax, because you can't tax those properties, but you can have, impact fees. That's
something we should look at, because we cannot continue to allow them to have, as I see in downtown and
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I see in some of the neighborhoods where the additional government expansion has taken place, and that
government expansion takes place at our expense. So somehow, we need to look -- and I told you from
the beginning, I'm willing to vote for something like that. That's about it.
Mr. Gimenez: Sir, we have the ability to assess on the fire (inaudible) those properties. It's a policy
decision not to.
Vice Chairman Gort: Well, we need to -come back.
Commissioner Sanchez: Mr. Chairman.
Mayor Carollo: How much can that bring?
Mr. Gimenez: We could look at it, and if you do assess those properties, you may be able to reduce, you
know, the overall assessment for everybody else.
Mayor Carollo: Well, then what we need to see is what is the total assessment for the rest of the
properties.
Mr. Gimenez: Yes, sir. I'll break it down, you know, as to -- you know, you've got to lump certain
properties together. And once you do that, everybody comes along.
Mayor Carollo: Sure.
Mr. Gimenez: So I'll let you know what that is.
Vice Chairman Gort: Also, we've been in conversation with the Federal Government now for three years,
and they were willing to pay some kind of a service. I forget what they call it. They've done it in Atlanta,
and my understanding is they've done it in other cities. We need to expedite that.
Commissioner Winton: But they told us -- When the guy was here representing the Federal Government
for the new courthouse downtown and we asked that very question. And he said the fed -- the bureaucrats
have agreed to it. The Congress hasn't appropriated any funds.
Vice Chairman Gort: Well, let's put the pressure on them.
Commissioner Winton: Right. Needs to be on our Washington legislative agenda.
Commissioner Sanchez: Mr. Chairman.
Mayor Carollo: Commissioner Sanchez
Commissioner Sanchez: I just have a few questions pertaining -- One, looking at the budget, the
appropriation comparison by funds and spending agency, I'm able to see that this year, we have several
departments -- Before I go into that, how many departments had any surplus?
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Mr. Gimenez: Projected surplus for this year?
Commissioner Sanchez: Yes.
Ms. Haskins: The spending surplus that we're currently projecting is about two point seven million
dollars ($2.7 million).
Commissioner Sanchez: That's from all the departments that they had --
Ms. Haskins: About two point seven, two point five million, two point seven million. I don't have that
broken down by department right now, but I can get that for you.
Commissioner Sanchez: But it's -- ballpark figure would be two point --
Ms. Haskins: Two point five to two point seven million is what we're forecasting right now.
Commissioner Sanchez: Looking at the Office of Asset Management, compared to 1999 and to
2000/2001, there is a big reduction there. It went from two point one million to eight hundred and
seventy-five, three hundred and forty-one. The City Clerk's Office went from one point one million to
eight hundred and ninety-one thousand, eight hundred and five. And then we go on to Building. They
went from three point six, three point nine. And that went up. But let me just -- since I'm -- and I knew I
marked it for a reason. Last year, the idea of coming out and going on -- and I believe that the Fire
Department was the one that went out and looked at the businessesto make sure that they had their
licenses and stuff when they did their yearly inspection; is that correct?
Mr. Gimenez: There was a task force that was formed in the Fire Department.
Commissioner Sanchez: Right. And they did that, and I'm glad you brought that. They did that in the
sense of not only doing the inspection, but also looking at businesses, of course, that did not have their
certificate of use, et cetera, which is revenue for the City.
Mr. Gimenez: Right, yes.
Commissioner Sanchez: You know, I often -- I'm often told by some individuals that still, we have not
enforced that to the fullest. I think that there's a lot of money out there with businesses that, you know,
they buy a business and they continue to use the same certificate use. And, you know, if we're going to
talk about creating ways to bring in revenue, those are the things that we need to target. I mean -- and
once again, I'm going to repeat the same words I said last year. You know, we ask the taxpayers to make
sacrifices, but we make very few. But this year, I'm glad to see that we're making some, because last year
of the budget, there were very few departments that were reduced. At least -- and once again, we're just
going back, you know. Since I've been here, we've gone through seven City Managers. Seven City --
We haven't gone through seven City Managers?
Mayor Carollo: Not since you've been here. .
Commissioner Sanchez: Before I got here?
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Mayor Carollo: No.
Commissioner Sanchez: How many City Managers have we gone through?
Commissioner Regalado: Seven.
Mayor Carollo: Well, you weren't here when Mr: Garcia -Pedrosa left.
Commissioner Sanchez: No, I was not.
Mayor Carollo: It's only.two that --
Commissioner Sanchez: My first vote was to fire him. I remember that.
Mayor Carollo: Only two that you've gone through. What you're thinking about is a period that was
about a four-month period that -- when someone else was in office. We went through about four people.
Commissioner Sanchez: Four people. I didn't want to get into that, but going on to Fire -Rescue. Fire -
Rescue has even reduced it from forty-eight million to forty-six million. So I mean that's -- it's nice to see
for a change that we're able to reduce it. I know that's not the full budget, but it's the appropriations
summary budget that I have. If we look at Parks and Recreation, which is one that I think we need to put
more money in -- thank God for the Safe Neighborhood Park Bond money which we've been able to use
to improve the parks, but that has gone up, which is good. The other one was Real Estate and Economical
Development, which sometimes, you look at and you analyze, and you don't think it's such a very
important department. I truly think it is a very important department for our community, with all of the
development and redevelopment that we have. And looking in the future, what this City is going to
depend on, believe it or not, is going to be recurring revenue based on development, controlled
development. And we're seeing it around us with major projects. Once again, you know, we're leading
major cities in five star restaurants and hotels, and we're starting to see restaurants such as the Admiral
and Commander's Plaza coming into to look at the City of Miami to open up restaurants, which is
something that's good. But on the general fund reserves, the blue ribbon strategic investment, the twenty-
one point one million dollars ($21.1 million), I would like for the City Manager to clearly state what plan
does the City have to invest those funds and generate more recurring revenue for the City.
Mr. Gimenez: The plan for that is that Ray Goode is chairing the committee, and we have given him a list
of ideas to look at. And he will -- him and his committee will look at those ideas and get back to us with
some recommendations as to how to best utilize those strategic initiative dollars to general recurring
revenue to the City.
Commissioner Sanchez: Who's going to spear that? Who's going to chair that committee?
Mayor Carollo: Ray. Ray Goode.
Mr. Gimenez: Ray Goode.
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Commissioner Sanchez: Ray. OK.
Mayor Carollo: Talking about those dollars, there are some additional moneys that were put in escrow
that I don't believe we've gotten back. And that's a certain amount of money that we gave the County in
escrow. They did not use anywhere near what they thought they would.
Mr. Gimenez: A couple million dollars.
Mayor Carollo: Yeah. Have we done anything to get those back here? What is the status of that?
Mr. Gimenez: They haven't -- they haven't started, you know, construction or digging in that area, so
they're holding onto the money, just in case there may be some contamination in the area that they haven't
developed.
Mayor Carollo: Well, they've, you know, developed just about everything. They've only got a small,
very small portion in the back. And if they didn't find anything in the front, they're certainly not going to
find anything in the back.
Vice Chairman Gort: That was filled in.
Mayor Carollo: Yeah.
Vice Chairman Gort: That's all filled in land. I don't think they'll find anything there.
Mayor Carollo: So I mean, this is getting to the point that it's a little ridiculous that they're holding onto
those dollars. So you really have over twenty-three million in that fund then, once you get those two.
Unidentified Speaker: The leverage we do have with them is that they have not built the pedestrian bridge
that they promised to build from Bayside to the Arena. And it was supposed to have been completed by
now, and it's not even started by now. So.
Mayor Carollo: Yeah. I was asked not to press you guys.on that. But --
Unidentified Speaker: Sorry.
Mayor Carollo: Maybe I didn't hear him.
Commissioner Regalado: And Mr. Mayor -- Mr. Manager, when are we going to get the money that the
County has in escrow on the parking surcharge, or Mr. City Attorney?
Mr. Vilarello: Commissioner, since our ruling last week, we've set down for hearing. We're trying to get
a hearing before the judge before she leaves on vacation, which would be sometime early next week. As
of this point, we don't have a hearing date, but we are seeking a motion to immediately have the County
turn those dollars over to the City.
Vice Chairman Gort: And my understanding is that's not part of your revenue projections.
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Mr. Vilarello: Well, Commissioner, with regard to the issue of the possibility of the County taking
appeals, you certainly cannot count on those funds at any time in the near future.
Vice Chairman Gort: Right. I understand. But that would be an additional -- additional funds that would
come in.
Mr. Gimenez: But remember that that is counted in the five-year plan in the year 2001/2002, those two
million dollars ($2,000,000) additional.
Vice Chairman Gort: OK. So you do have it in 2002?
Mr. Gimenez: Yes, we do.
Vice Chairman Gort: OK.
Mayor Carollo: Commissioner Winton would you like to say anything or ask any questions?
Commissioner Winton: I just think -- echo one thing, so I'll be very brief. And that is on the point that a
number of the Commissioners have made about reducing cost. And I've talked about that since I have
been here. And in all fairness to staff, you know, I think one of the problems that they have and we have -
- We saw an outstanding comparison tonight on garbage fees by municipality. But when you want to
look at and understand how effective and/or efficient other departments are, like Police or Fire or -- and,
you know, those are the two that really ought to be focused on, because that's where all the money is.
You can't -- We don't have any good performance indicators by which we measure whether or not it's
efficient or not efficient. So we're left up here. And I'm sure the Manager's left in the spot, and the Chief
of Police is left in the spot of, you know, we're doing stuff, we're reducing crime or we're putting out
fires. We're doing all those kinds of things. And it seems to me that what we have to do -- and probably
the Commission is going to have to direct it or the Mayor could direct it -- and that is to see to it that
during the course of this year that -- and if we have to bring on consultants, we bring on consultants. But
we need to create a number of things. We've got to create a system whereby we have key performance
indicators by which we measure whether or not the departments are working the way we want them to
work or not, so that we can look at those on a monthly basis, or a bi-monthly basis, whatever the case may
be. And that's also the mechanism by which you're going to .determine whether or not people --
particularly department heads -- ought to be getting raises. Because there's some real key performance
indicators there by which you measure whether or not they're getting the job done or not. And in addition
to that, the other thing that we've got to do is -- is set up a process whereby you've got real comparisons.
And that's a part of the key performance indicators, but it's a little different. We need to know as -- once
those key performance indicators are set up, we need to measure our performance against other
communities around the country, so that we've got some basis for determining whether it's good or bad.
And we don't have any of that stuff. So we sit up here talking about -- talking about the need to reduce
expenses. We all believe in that. It's apple pie and motherhood. But we don't have a good mechanism to
really get that done. And the other last point here, and that is relative to expenses. In our five-year plan,
we all know that the projected expenses are increasing at a percentage rate greater than projected revenue.
So we can look at year five, and we've got an eight million dollar ($8,000,000) deficit. We won't cure
that problem until -- and all of the talk focuses on working out of this problem on the revenue side. I am
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going to suggest to you -- because I've seen it over and over again in business -- that unless we have a
very definitive plan for attacking the expense side, the expense side is going to go up exactly like we've
projected, and the revenue side, once we hit the wall in the economy one of these days -- and we will --
the revenue side isn't going to go up like we're projecting, and we're going to have another collision. And
all -- you know, we're going to be back in the same mess. So I think that really that one of our goals,
primary goals for this coming year has to be to figure out how we do an in-depth look at the cost
associated with providing the services we provide in the City, and set up a system to monitor and measure
that, and set good, clean goals and objectives for our employees. Because as one of the Commissioners
said -- I forget who -- we do -- and I've said this publicly many times, and I want to say it again, and I
don't care about that sheet that lists 20 people, or 40 people, or whatever it is that make a hundred
thousand dollars ($100,000) -- I tell you, I've worked with these people every single.day of the week since
I've been elected, and they work nights, weekends, whenever I need them. And I have had people go out
to these neighborhoods, whole -- every single department head in the City -- to meet with the public, over
and over and over again. So I'm not so concerned necessarily about how much they're getting paid. What
I'm really concerned about are results, and that's what we're looking for.
Mr. Gimenez: Commissioner, if I may.
Vice Chairman Gort: Yeah. For the first time, and I don't know if -- and correct me if I'm wrong -- I see
an internal audit report that comes out with a lot of issues that I think if we deal with those issues, we can
reduce the expenditures of the City, because we've identified a lot of waste, a lot of mismanagement that
has taken place. And it's borne out by your internal auditor's report. Following that, I think that will help
us reduce the expenditures.
Mr. Gimenez: Yes, sir. Also, let me comment, Commissioner Winton, we are looking at doing some
performance-based budgeting. But frankly, we don't have the systems in place yet to really implement
that. That will be part of the IT (Information Technology) strategic plan that's going to come out. Part of
that would be to make sure that we do have the systems in place, maybe not for next year, but the year
after, to initiate, you know, performance-based budgeting. And we already asked our directors to start
thinking about some of the measures, you know, some of the standards that they should be measured
against, so that we can implement that some time in the future.
Mayor Carollo: All right. Thank you. Thank you very much. We're back to item B on the first reading
ordinance. That's to adopt the tentative budget or --
Commissioner Regalado: Mr. Mayor, before we vote, I'd like to request from the City Manager for the
next hearing -- Mr. City Manager, we have three hundred thousand dollars ($300,000) from AT&T
(American Telephone and Telegraph) because of the new contract that the City Commission approved,
right?
Mr. Gimenez: Yes, sir.
Commissioner Regalado: Those three hundred thousand dollars ($300,000) have some kind of strings, in
terms of being used for something related to either Net -9 or information; is that correct?
Mr. Gimenez: Yes, sir.
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Commissioner Regalado: I would like for you in the next meeting to give us your ideas and plans as to
use two hundred thousand dollars ($200,000) out of three hundred -- of those three hundred thousand
dollars ($300,000) for salaries and operation of the Media Relations Office, and transfer out of the general
fund two hundred thousand dollars ($200,000) to all the departments; a hundred thousand dollars
($100,000) for the Parks Department to pay temporary workers or part-timers during the weekends; and a
hundred thousand dollars ($100,000) for Public Works, to increase the level of cleanup operation in the
storm sewer system of the City of Miami. Those are what I feel that are the most important issues, other
than crime and taxes that the people of Miami have. And I believe that the Parks Department does not
have -- does not have staff Saturdays and Sundays in_ the most important parks, 35 of them, to attend the
needs of the people of Miami. And I understand also that we are behind in the storm sewer cleanup
operation, because of the three or four vactor trucks, most of the time, one has a problem. But my
understanding is that there are 10,000 or something storm sewers. If we are able to increase the level of
cleanup, especially on Saturday -- especially on Saturday -- the people of Miami will be at least grateful
that they are getting their dollars worth for the big taxes and fees that they are paying. And I have
received many complaints, as I am sure that all the members of the Commission and the Mayor, in terms
of the parks not being open, restrooms and other facilities, or attendants on Sundays. Because I want to
remind again the members of the Commission, those 18 positions are paid by the Police Department for
recreation purposes. And although these people have a presence of the City there, they cannot fix
something, take care of the needs of the people, and open and close restrooms, and keep the restrooms in a
nice way. So I would like, Mr. Manager, to work with -- for you to work with the Parks Director, so we
can have an idea of how those two hundred thousand dollars ($200,000) -- a hundred thousand dollars
($100,000) for Public Works and a hundred thousand dollars ($100,000) for the Parks Department can be
used for this specific purpose.
Mr. Gimenez: Like I said, there are strings attached, having the three hundred thousand dollars
($300,000). I'll bring back a report with the different options.
Commissioner Regalado: I know that there are strings attached to those hundred -- but remember, I'm not
talking about using those three hundred thousand dollars -- well, two hundred thousand ($200,000) from
AT&T. I'm telling you that we could switch the AT&T, which I read the information, and I've consulted
with counsel for the City, it can be used. That money can be used for people that work in Net -9. And my
understanding is that Net -9 falls into the Media Relations Office.
Mr. Gimenez: I don't know. I'll come back with a report and a recommendation, as per your direction.
Mayor Carollo: OK. If I can, I'd like to incorporate all the statements that were previously made on the
millage -- many of the statements were on the budget -- into the budget, also. And I'd like to open up to
the public again to see if there are any final statements that anybody would like to make on the budget.
Two minutes.
Commissioner Teele: Only the budget.
Mayor Carollo: On the budget, strictly on the budget.
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Mr. Johnson: Well, basically, I had a suggestion. I think I talked to Johnny Winton before he was elected
about the garbage, on the way the City of Chicago do it, where they have trucks, and they only need one
person on a truck, which would definitely decrease the amount of manage that you need, and not just to
get rid of people or fire anybody, but over time,. you know, with people retiring and stuff like that, you'll
be able to reduce your manpower. I know that you buy new equipment every year or every two or three
years. When you're buying new equipment, you can look at the way that they do it, which they can have
special garbage dumpsters in certain areas. You can by area by area until you reduce it down, till you get
it to a certain amount. And furthermore, in my area, it's the same thing. I see garbage pickup twice a
week, but half of the people only put out the garbage on a Monday, even though they have a Thursday
pickup. We don't need two pickups. You can do it with one pickup, with a large-sized dumpster, once a
week, and have your large, big trash pickup once a week. You don't need all that. I see a lot of waste
within the garbage department that can be cut, and probably within the Fire Department, too.
Mayor Carollo: Thank you.
Commissioner Winton: That's why Commissioner Sanchez earlier today called for, and asked for, and got
approval for the establishment of a task force that's going to look at multiple -- and as many ways as they
can identify throughout the country -- ways that garbage is collected, to determine if there is a better, more
economical and more efficient way for us to do it. And that was Commissioner Sanchez' request.
Commissioner Sanchez: Johnny, Johnny, I proposed it. I proposed it. I didn't present it. I'm prepared to
present it as soon as we vote on the issue.
Mr. Johnson: I understand that. And like I said, the Fire -Rescue fee, I don't understand why it keeps
going up, and at the same time, there's fees that's being taken out, other fees are being raised. And I just
think that, you know, with the people that I have that rent from me, it's just getting to be ridiculous, the
amount of rent that I have to raise on them just to compete with other places, with the money that basically
has to be paid to the City and all the other fees. I got insurance, the mortgages, and I can go through 10 or
15 other things that must be paid, including the property taxes at the end of the year, which is also now hit
with all these other fees. And it's just killing me to raise the amount of rent that I have to raise on people
just to pay all these fees. Like I said, I have efficiency apartments. It's not the same amount that you can
get on a two-bedroom or a one -bedroom, but you just can't raise it no more. I mean, it's to the max.
Thank you.
Vice Chairman Gort: Thank you.
Mayor Carollo: Anybody else that would like to address the Commission on the budget? OK. Hearing
no one else, we will close the portion of the public hearing for the budget. We're back now to adopting
the tentative budget or an amended tentative budget if it is the will of the Commission. I would, however,
like to state that if there is going to be a change in this budget, for anything that is taken out, something
has to be brought in. In other words, you have to bring dollar for dollar.
Commissioner Sanchez: Did we vote on the increase of the solid waste? We did not. We passed on that.
Commissioner Regalado was not here.
Mayor Carollo: Yeah. Yeah, that's correct. It hasn't been taken up and we're here now.
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C
Mr. Vilarello: I believe you have a motion and a second on this ordinance.
Mayor Carollo: Yeah. There's a motion and a second on this ordinance. Can you read it?
Mr. Vilarello: Yes.
Commissioner Teele: If somebody wants to amend -- as the Mayor is saying, if you want to amend
anything in this budget, you know, get a second. It's the time to do it. The other ordinance -- the other
resolutions are merely -- they confirm the budget, the specific language. So I mean, I'm looking -- I'm
going to be very candid. I'm looking to take two million dollars ($2,000,000) to eliminate the solid waste
supplemental. Not today. I'm committed now. I don't have the plan to do it, but I'm either going to
come in with revenues, or I'm going to come in with recommendations of reductions. So I mean -- and I
heard what Commissioner Regalado said as to what he's going to be doing in the next meeting. So I
mean, I would encourage every Commissioner, if you've got concerns about the budget, this is the time to
do it. But the issue is it's a zero sum issue. You just can't take something out or add something in
without malting it come back to zero, relatively.
Commissioner Sanchez: I will sit with the administration. We'll meet.
Vice Chairman Gort: It has to balance itself.
Ms. Haskins: Excuse me. Just as a reminder, I believe that any change we make, even if it is recurring
revenues offset with reduction and recurring expenses, we need to take that back to the Oversight Board.
Vice Chairman Gort: Sure.
Commissioner Teele: Yeah but --
Vice Chairman Gort: As long as it's a balanced budget, it's no problem.
Commissioner Teele: As long as it balances, they don't really care.
Ms. Haskins: Yeah. As long as we're doing recurring versus recurring, we should not have a problem.
Vice Chairman Gort: Right. As long as we're balancing, they don't care. Sure.
Commissioner Regalado: Mr. Manager, do you need a resolution in terms of what I said about -- because
this is what I'm trying to do. I'm bringing it to the Commission for a vote on the next meeting. If you
want to I'll --
Commissioner Teele: That's an instruction as to the Manager.
Commissioner Regalado: If you want to, I can just introduce a motion now to --as a --
Mayor Carollo: You can't do it now, because you have a motion in hand.
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Commissioner Regalado: I understand, Mayor. But I'm saying today. I'm saying --
Commissioner Sanchez: After we vote on this issue that's on the table.
Mayor Carollo: Yeah. That's -- anything can be brought after this issue. Can you read the ordinance for
this?
Mr. Vilarello: Yes, yes. There is an amended ordinance that was handed out.
Mayor Carollo: Right. I have it here.
Mr. Vilarello: It is amended to the extent that there is an addition of section 9, which incorporates by
reference the organizational charts included in the budget documents.
Commissioner Teele: Where is he?
Note for the Record: The City Attorney read the pending ordinance, as amended, into the public
record by title only.
Mayor Carollo: Call the roll, please.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING
APPROPRIATIONS RELATING TO OPERATIONAL AND
BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING
SEPTEMBER 30, 2001; REVISING ONGOING CAPITAL
IMPROVEMENT PROJECTS AND MAKING APPROPRIATIONS
FOR NEW PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR
2000-2001; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
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Mayor Carollo: OK, it passed unanimously.
Commissioner Teele: Mr. Chairman.
Mayor Carollo: Go ahead, sir.
Commissioner Teele: We have several companion items that have to be taken up, specifically.
Mayor Carollo: Yes, we do.
Commissioner Teele: Before we do, regarding section 9, Mr. Manager, I think I would prefer that section
9 have -- work with the Attorney to have the appropriate enclosures or attachments, so that we're not
referring this resolution to three or four different documents, that it be one document that speaks for itself.
And on the issue of -- on the issue of the carryover dollars, I'm going to want to look at that very, very
closely. One of the things that I noted in the budget presentation are the capital projects. And it just
seems to me that perhaps between now and the next budget hearing, before the next Commission meeting,
we need to adjust some of those levels to be more reflective of what we know we need to appropriate at
the current time. The point that I wanted to make before that I think is really important on this solid waste
thing, we keep talking about reducing the level of solid waste. And that's a very dangerous discussion if
we're raising the rates. I mean, if you're going to reduce the rates or hold them the same, then reduce --
then we should have a discussion about reducing service. But if we wind up -- start talking about reducing
the amount of service, solid waste service and increasing the rate, we're going to have a real problem.
Commissioner Winton: I don't think we're saying that.
Commissioner Teele: Huh?
Commissioner Winton: No one is saying that.
Commissioner Teele: Well that is being said. And one of the things that we asked Mr. Patterson to do
two years ago was to look at enhanced services. See; let me tell you what's making me nervous about this
budget. It's not just the solid waste issue. What makes me a little bit nervous is that people don't mind
paying for something if they're getting something more. You know, before, when we increased the
budget, the fees last year; we spent time going through the street sweeping. And we gave people more
street sweeping in neighborhoods. We doubled the amount of street sweeping. I really do believe that we
need to dust off some of those issues that we looked at before in terms of enhancement. How much were
the big cans Citywide? If we were to issue everybody the big can, which increases the efficiency -- you
remember what that number was? It was too big to comprehend two years ago. Was it nine million?
Clarence Patterson (Director, Solid Waste): Those containers are about ninety dollars ($90) per container.
Commissioner Teele: Patterson, Clarence Patterson, Director.
Mr. Patterson: Clarence Patterson, Director of Solid Waste Department.
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Commissioner Teele: What was it Citywide though? Was it about nine million dollars ($9,000,000) or
fifteen million?
Mr. Patterson: Eight point five.
Commissioner Teele: Eight point five?
Mr. Patterson: That is correct.
Commissioner Teele: Well, Mr. Manager, let me tell you what I'd like for you to do. I'd like between
now and the next Commission meeting you to look at that, Manager, and determine whether or not we can
provide some enhanced service. You see, if you give people better service and you charge them a little
more like we're doing, you're not going to have the howls. But if you give them the same or reduce level
of services, you're not going to be able to do that. So one of the things, particularly as it relates to the
issue of efficiency, because those big cans got you a lot more efficiency, whether or not the Oversight
Board would accept that as something that could be used as a part of a strategic employment to do that.
But I do think, as I read the body language of at least one or two of my colleagues, we may not have
unanimity on all of these resolutions. And I think it's important that the Commission understand that the
public will accept a fee increase if you give them more service. It's when you give them the same service
or even talk about giving them less service -- because I'm going to tell you right now, I'm not going to
want to reduce any level of service in the solid waste for the next year. So anybody talking about reducing
the trash pickups, I'm out. I mean, we need to look at ways we can enhance the service. And respectfully,
Mr. Manager, I would ask you to look with the Budget Office, and Mr. Patterson, and with the Oversight
Board whether we can dust off some of those plans, and maybe even come in, in the next meeting, with
enhanced services, if we can use strategic reserves or something like that. Because in the end, it's going
to reduce your overall cost of running the system. Is that right, Mr. Patterson?
Mr. Patterson: Yes, that is correct, Commissioner. And let me say that we have in this proposed budget
some demonstrations of this container that you're talking about to compare, make some comparisons with
what we're currently doing. Also, that container allows you to integrate your garbage and your trash
collection, which makes it more palatable for citizens to put it out to the street, and you won't have to use
these big clam shells to go around picking up leaves and trash off of the street every week as we currently
know it.
Commissioner Teele: Yeah but --
Mr. Patterson: All you would have to do then is to provide a bulky collection; which do not need to be
provided on a weekly basis as we currently do it. So, yes, we can --
Commissioner Teele: Mr. Patterson, but with all due respect, I mean, you know, this may be the first time
Miami has done it, but the feasibility of this has been proven all over the country. I mean, you're a
professional in this industry. You've been outside of Miami. You know. I mean, a demonstration is a
good way to do it. But a demonstration would make me nervous, because a demonstration would mean
it's going to go to somebody's district and it's not going to go to somebody's district. And, see, that's --
you know, I've seen the demonstration on the commercial containers. They're all over Little Havana, but
I don't see any in Overtown. So I'm' fine with demonstrations, but let's demonstrate things that haven't
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been demonstrated. You know and I know that utilizing these very, very large containers, which has been
deployed all over the country, is an expensive up front capital cost.
Mr. Patterson: That is correct.
Commissioner Teele: But it gives a lot more efficiency in the collection. It reduces your cost in terms of
your reoccurring cost in out years, and it provides for a more efficient service to the homeowner. In other
words, they can put the leaves; they can put everything in one container.
Mr. Patterson: In addition to that, Commissioner, there are some areas that that container is not workable,
and that's what I'm talking about.
Commissioner Teele: All right. Well, I would ask specifically if you look at this with the Manager, and
Mr. Manager, if you would talk to the Mayor and each of the Commissioners about it, because if there's
any way we can provide some dramatic enhancement of services, I'm going to be for it, because when you
do this, what we've doing now in terms of increasing the garbage fee, which I support, you need to be able
to show to the public that they're getting something for their money. And that's a one-time cost that you
can hit and move on.
Mr. Patterson: In addition to that, Commissioner, as you well know, you've talked to us about increase in
street sweeping in residential areas, and we've presented you that report. We also are purchasing new
sweepers in this current budget, which will still further enhance street sweeping in residential areas.
Commissioner Teele: Thank you very much.
Commissioner Sanchez: Mr. Patterson, since you're up there-- Mr. Chairman, may I take this
opportunity? Can I ask you one favor? Can I have your crew instead of 10 o'clock sweeping 8t" Street;
can you do it at a later time? Because what's happening is there's a lot of parked cars and it's not being
cleaned well.
Mr. Patterson: That's a problem all over the City, Commissioner, quite frankly. Yes, we can do it later,
but cars are out there at 12 and 1 o'clock. I've been out there myself, personally, and it's a problem
throughout the City. Most cities that have parking problems like that require alternate parking on different
sides of the street different days of the week. And we might have to go to that.
Commissioner Sanchez: In October, I will be out participating the day that I do -- I do a once -a -month
day with different departments. I'll be with Solid Waste.
Mr. Patterson: Thank you. And I'll go with you.
Commissioner Sanchez: So get ready.
Mr. Patterson: OK.
Vice Chairman Gort: Yeah, but make sure he goes at 5 in the morning.
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Mr. Patterson: Yes.
Commissioner Sanchez: I will. I will.
Commissioner Teele: Mr. Mayor, I don't want to put you on the spot at all here. I think this has gone
extremely well. But one of the reoccurring themes that continues to come back are these major projects.
And, you know, I think -- I just sat up here and counted. Does anybody know, without counting, how
many Managers we've had in the last three years? I've been here three years.
Mayor Carollo: Well, if the original one hadn't been fired, you only would have had one.
Commissioner Teele: Well, the answer is you represent number -- you represent the seventh designated
Manager.
Mr. Gimenez: Lucky seven.
Commissioner Teele: Lucky seven. But the point is this, Mr. Mayor. This major projects issue, these
major development projects, we keep talking about it. Now, it doesn't do any good for us to keep blaming
the management or the Mayor and the fact that the development process is doing -- Mr. Mayor,
respectfully, I would like to see if you could support a resolution that would designate the Mayor, along
with one Commissioner -- and the reason I come up with one is if you have one Commissioner, you don't
have a Sunshine Law problem. If you have two, you know, you have the issue that it's a public meeting.
But let's select five projects.and designate one Commissioner to work with the Mayor -- you better hear
what I'm saying -- to work with the Mayor, one Commissioner to work with the Mayor on a major project.
I mean, we have this project right here at Dinner Key that we've been talking about for years, the so-called
Coconut Grove Hotel, I guess they call it. We have a couple of marina issues. We've got the Watson
Island issue. We've got the Orange Bowl naming rights issue. We've got the Knight Center issue. I
mean, there is no shortage of projects. And what we keep doing is just running around talking about it.
And what we've got to do as Commissioners, along with the Mayor, is step up to the plate and get the
management, the Mayor and the Commissioner working, I think, together. And Mr. Mayor, I mean, you
know, I don't want to -- You know, again, if that's not something you can live with, or it's something that
you find offensive, I'm not going to propose it.
Mayor Carollo: Art, as I have spoken to you and some of my colleagues, that's exactly what we need to
be doing, working together and getting some of these projects moving as quickly as we can. We have six
major projects out there, _potential projects, along with some additional smaller ones that we need to get to
as quickly as we can. The potential that we have in dollars out there could range from anywhere -- the
figures of fifteen to twenty million dollars ($20,000,000) that this City could bring in on recurring revenue
every year once all these projects would be built out. It could resolve a lot of our problems.
Unfortunately, we have not moved on these as quickly as we can. And these are not projects that are
going to be done overnight. So what I would like to do is, in choosing a Commissioner for each one --
and it's going to be some Commissioners for more than one, because we have more than five -- is to try to
bring back to this Commission in working with the designated Commissioners the projects that we can
move the quickest on. Give them rank as to the ones that we can bring in here the quickest, because this is
one of the key things that this City has an obligation to do. If a lot of this. would have been done two,
three years ago, you know what? We wouldn't be here this late tonight, because all our problems would
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have been resolved. And the garbage fee, you know, forget about an increase. It would have been, you
know, way down to maybe half of what was being paid before. But the only way that it could be
accomplished is by doing this. So I certainly welcome that cooperation, and I look forward to it.
Commissioner Sanchez: Mr. Chairman, I don't know if this falls into the arena of the Miami Heat
Development Summit 2001, which the City is hosting January the 23rd through the 24th at the Hyatt
Center. What we're doing is we're promoting the City, an opportunity to showcase its development sites
or redevelopment sites, focusing on not only local developers, but national and international developers, as
well as lending institutions to come in and have a three-day, you know, pow -wow type of deal that would
allow us to showcase and come up with incentive plans, and show them that Miami is at a new level now.
We've taken Miami to a new level and we welcome development, controlled development, world-class
development. And I don't know if that falls in, but I would be glad to, you know, assist in any way
possible.
Mayor Carollo: This, I think, Commissioner Sanchez, will be a tremendous complement to this summit.
Not only that, but it is going to show and stimulate all these potential developers and investors that will
come to it that we mean business, that we're serious, that when they come here in January, they're going
to see that, hey, this is for real. This City is moving forward. So is that --
Vice Chairman Gort: Roll call.
Mayor Carollo: -- is that made into the form of a motion by. Commissioner Teele?
Vice Chairman Gort: That was passed already.
Mayor Carollo: Second? No.
Commissioner Sanchez: No, it wasn't. I'll second it.
Mayor Carollo: Second by Commissioner Sanchez.
Commissioner Teele: It is a motion that --
Vice Chairman Gort: That motion was passed.
Commissioner Teele: No, no. The previous one was.
Vice Chairman Gort: Yeah.
Commissioner Teele: This motion is a motion designating the Mayor and one Commissioner to select a
project and to file it at the next Commission meeting, a major project of the City to work on with a view in
fostering communication and an understanding about the status of the project, to work to expedite the
project with a view of trying to bring in reoccurring income, revenue before the next budget year.
Mayor Carollo: What I would do --
278 9/14/00
Commissioner Teele: Or to reduce costs.
Mayor Carollo: Yeah. What I will do is, I will sit down with the administration and put back, with the
consent of the Manager, the task force that we had back a year ago and try to see which of these projects
are the ones that we can get out the quickest in bringing to the Commission to get RFP's, RFQ'S
(Requests for Qualifications) approved. And then I will discuss with each of you the ones that you have
the most interest in, and assign each one of you different ones. Like I said, there are more than five major
ones, so there will be some of you that will be involved in different ones.
Commissioner Teele: Or to allow Commissioners to file a memo to you as to the ones that they may be
interested in.
Mayor Carollo: Yeah, sure, either way.
Commissioner Winton: I think conceptually, it might be a good idea, but a word of caution. Many of
these projects are in District 2. And some of these projects are in areas where there is a great deal of
public interest and potential controversy. So I'm all in favor of moving things forward to generate
revenue where we can generate revenue, but it has to be done in a way that doesn't destroy something else
that's right behind it. And so that's my only word of caution. I will support this conceptually, but I'm
throwing in that word of caution.
Commissioner Teele: You know, I wasn't here when they divided this thing up, but I figure we ought to
divide up District 2 and give everybody one or two plums.
Mayor Carollo: Everybody wants that now.
Commissioner Teele: Everybody went -- they went north and south. They could have just as easily gone
east and west with these districts.
Commissioner Winton: I didn't create it, either; I can assure you.
Commissioner Teele: Call the question, Mr. Chairman.
Mayor Carollo: OK. Can you call the question, please?
Walter Foeman (City Clerk): Roll call.
279 9/14/00
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-801
A MOTION DESIGNATING EACH COMMISSIONER TO WORK
DIRECTLY WITH THE MAYOR ON ONE OR TWO MAJOR
PROJECTS, i.e., DINNER KEY BOATYARD, MARINAS, WATSON
ISLAND, ORANGE BOWL ANMING RIGHTD, KNIGHT CENTER, IN
ORDER TO FOSTER COMMUNICATION, EXPEDITE PROJECTS,
AND BRING REVENUES TO THE CITY.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Commissioner Teele: Mr. Chairman, on that issue that Commissioner Winton made, all of these projects
are somewhere underway now. I mean, what we're talking about now is putting the ray of sunshine, to
some extent, or policy direction on these projects. We're not talking about creating any new projects.
These are projects that are moving, and they just are staying below the radar screen. And what we're
trying to do is put them up on the radar screen. So I hear you, and I respect you on that issue, and I think
you're exactly right to raise it.
Mayor Carollo: Johnny, I'll work closely with you on all of them, and I'll fill you in on all the ones that --
I think there might even be some there you're not as familiar with.
Commissioner Winton: Yeah. And there's clearly some we can get done, no question, I mean fast. So
I'm in favor of that part.
Mayor Carollo: OK. It passes unanimously.
280 9/14/00
68. IMPOSE SOLID WASTE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED
WITHIN CITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2000; APPROVE RATE OF
ASSESSMENT AND ASSESSMENT ROLL (See #43).
Mayor Carollo: We need, to now go to 39 and 40 that were really companion items to the budget
ordinance that was just approved. Gentlemen, we're on 39.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Where are we?
Mayor Carollo: Thirty-nine. They're companion items to the budget ordinance that we approved.
Commissioner Teele: Solid waste.
Mayor Carollo: The solid waste one.
Commissioner Winton: Second.
Mayor Carollo: Excuse me?
Vice Chairman Gort: Second.
Commissioner Winton: Second.
Mayor Carollo: OK. It's'moved by Commissioner Teele, seconded by both Commissioner Winton and
Commissioner Gort. You figure that one out, Mr. Clerk. .
Vice Chairman Gort: No, Winton.
Mayor Carollo: Commissioner Winton.
Commissioner Winton: I seconded it.
Mayor Carollo: OK. Hearing no further discussion, could you call the roll, please?
Walter Foeman (City Clerk): Roll call. Commissioner Teele.
Commissioner Teele: Yes.
Mr. Foeman: Commissioner Sanchez.
Commissioner Sanchez: No.
Mr. Foeman: Commissioner Winton.
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Commissioner Winton: Yes.
Mr. Foeman: Commissioner Regalado.
Commissioner Regalado: No.
Mr. Foeman: Vice Chairman Gort.
Vice Chairman Gort: Yes.
Mayor Carollo: OK. It passes, three/two.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-802
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, RELATING TO THE PROVISION OF SOLID
WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY
OF MIAMI, FLORIDA; IMPOSING SOLID WASTE ASSESSMENTS
AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY
OF MIAMI FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2000; APPROVING THE RATE OF ASSESSMENT; APPROVING THE
ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE
DATE.
(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: Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: Commissioner Tomas Regalado
Commissioner Joe Sanchez
ABSENT: None
282 09/14/00
69. IMPOSE FIRE ASSESSMENTS AGAINST ASSESSED PROPERTY
LOCATED WITHIN CITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2000;
APPROVE RATE OF ASSESSMENT AND ASSESSMENT ROLL.
Mayor Carollo: Another companion resolution relating to the provision of fire service
facilities and programs.
Commissioner Teele: What's the item number?
Mayor Carollo: This is Item Number 40. It's relating to provision of fire service
facilities and programs for the City of Miami, Florida, imposing fire assessment against
the assessed property --
Commissioner Winton: Move it, move it.
Mayor Carollo: -- located within the City of Miami for the fiscal year beginning October
1, 2000.
Commissioner Winton: Move it.
Mayor Carollo: It's been moved by Commissioner Winton.
Vice Chairman Gort: Second. There's no increase.
Mayor Carollo: Second by Commissioner Gort. Can you call the roll, please?
The following resolution was introduced by Commissioner Winton, who moved for its
adoption:
RESOLUTION NO. 00-803
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, RELATING TO THE
PROVISION OF FIRE SERVICES, FACILITIES AND
PROGRAMS IN THE CITY OF MIAMI, FLORIDA;
IMPOSING FIRE ASSESSMENTS AGAINST
ASSESSED PROPERTY LOCATED WITHIN THE CITY
OF MIAMI FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2000; APPROVING THE RATE OF
ASSESSMENT; APPROVING THE ASSESSMENT
ROLL; AND PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of the resolution, omitted here and on file in the Office of the City
Clerk.)
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•
Upon being seconded by Vice Chairman Gort, 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
Mayor Carollo: OK. This one passed unanimously.
284 9/14/00
70. (A) DISCUSSION OF PROPOSED MILLAGE RATE AND TENTATIVE BUDGET FOR
DOWNTOWN DEVELOPMENT AUTHORITY.
(B) FIRST READING ORDINANCE: FIX MILLAGE AND LEVY TAXES IN
DOWNTOWN DEVELOPMENT DISTRICT FOR FISCAL YEAR (FY) 2000-2001, AT FIVE -TENTHS
(.5) MILLS ON DOLLAR OF NON-EXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL
PROPERTY IN DISTRICT; PROVIDING THAT MILLAGE AND LEVYING OF TAXES BE IN
ADDITION TO SPECIAL ASSESSMENTS.
(C) FIRST READING ORDINANCE: MAKE APPROPRIATIONS FROM DOWNTOWN
DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS
INCOME FOR DOWNTOWN DEVELOPMENT AUTHORITY OF CITY FOR FISCAL YEAR (FY)
2000-2001.
Mayor Carollo: OK. We're back now. Twenty-four has been deferred, so we're on item 25, on the
proposed millage rate and tentative budget for the Downtown Development Authority.
Commissioner Winton: Move it.
Mayor Carollo: And I'll let Vice Chairman Gort chair this one. It's a public hearing on this, too. So I
don't know if you have too many people that want to address it.
Alejandro Vilarello (City Attorney): Mr. Mayor, do you mean Item 56?
Mayor Carollo: Well, DDA (Downtown Development Authority) is what I'm looking at here, is 25.
Mr. Vilarello: Why does he have 25 and I've got 56?
Mayor Carollo: Well --
Vice Chairman Gort: Which item is it?
Mayor Caro116: You're right, 56. I was looking at the -- another agenda. It's Item 56.
Vice Chairman Gort: OK, Item 56, DDA millage. Is there a motion?
Commissioner Winton: It's been moved already.
Vice Chairman Gort: OK.
Commissioner Teele: Second.
Vice Chairman Gort: Second. Any discussion?
Mr. Vilarello: Well, it's an ordinance, and I do have an announcement that I need to make.
Vice Chairman Gort: Well, wait a minute. Let me -- Is there anyone in the public that would like to
address this item? None. Thank you. Read it.
285 9/14/00
Mr. Vilarello: OK. The millage rate that is being adopted for the Downtown Development Authority is
an increase over the rollback rate. The increase is 14 percent. I believe -- let's see. It's an increase of 14
percent over the rollback rate. And the ordinance.
Note for the Record: The Assistant 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, WITH
ATTACHMENT (S), RELATED TO TAXATION, DEFINING AND
DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN
DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA;
FIXING THE MILLAGE AND LEVYING TAXES IN SAID
DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30,
2000, AT FIVE -TENTHS (.5) MILLS ON THE DOLLAR OF
NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL
PROPERTY IN SAID DISTRICT; PROVIDING SAID MILLAGE AND
THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF
THE CITY OF MIAMI AS REFLECTED IN THE CITY'S MILLAGE
LEVY ORDINANCE FOR THE AFORESAID FISCAL YEAR WHICH
IS REQUIRED BY CITY CHARTER SECTION 27; PROVIDING THAT
THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES
HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS;
PROVIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED
AS REPEALING OR AMENDING ANY OTHER ORDINANCE
FIXING MILLAGE OR LEVYING TAXES, BUT SHALL BE
DEEMED SUPPLEMENTAL AND IN ADDITION THERETO;
CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
286 9/14/00
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was introduced by Commissioner Winton, seconded by Commissioner Teele, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton .
NAYS: None
ABSENT: None
Vice Chairman Gort: What's next?
Miriam Maer (Assistant City Attorney): Fifty -six -B is an ordinance making appropriations -- Oh, you
have to make a motion first.
Vice Chairman Gort: I'm sorry?
Ms. Maer: You have to move this ordinance before I read it. Fifty -six -B.
Vice Chairman Gort: Fifty -six -B. Do I have a motion?
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Note for the Record: The Assistant City Attorney read the pending ordinance into the public
record by title only.
Vice Chairman Gort: Roll call.
Commissioner Teele: Question.
Vice Chairman Gort: Yes.
Commissioner Teele: Does this budget appropriation -- let me -- I'm aware that the DDA wants to
expand their budget boundary to 17`" Street, which I think is absolutely the right thing to do, with two or
three provisos. Number one, is the DDA going to contemplate some board changes to allow for
representation? And that's something -- But specifically on this issue, does this assume that the
boundaries are going to be changed?
287 9/14/00
Ms. Maer: No.
Commissioner Teele: This does not assume that the boundaries --
Vice Chairman Gort: No.
Commissioner Teele: OK. I just needed a little bit of time and I didn't want to hold this up
Vice Chairman Gort: OK. Any further discussion? Anyone from the public? Being none, all in favor
state it -- Oh, it's an ordinance. Roll call.
Walter Foeman (City Clerk): Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING
APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT
DISTRICT AD VALOREM TAX LEVY AND OTHER
MISCELLANEOUS INCOME FOR THE DOWNTOWN
DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA,
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND
ENDING SEPTEMBER 30,2001; AUTHORIZING THE DOWNTOWN
DEVELOPMENT AUTHORITY TO INVITE AND ADVERTISE
REQUIRED BIDS; PROVIDING FOR BUDGETARY FLEXIBILITY;
PROVIDING THAT THIS ORDINANCE BE DEEMED
SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE
MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001 FOR THE
OPERATIONS FOR THE CITY OF MIAMI; CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Winton, seconded by Commissioner Regalado, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
288 9/14/00
e
71. DEFER CONSIDERATION OF PROPOSED BUDGETS' FOR BAYFRONT PARK
MANAGEMENT TRUST AND DEPARTMENT OF OFF-STREET PARKING.
Vice Chairman Gort: Fifty-seven.
Commissioner Teele: Mr. Chairman, on this budget, there are a number of issues that need to be flushed
out. I need to understand where the surplus revenues are in this budget. In terms of the revenues, the
carryover is not reflected in this budget, and I would just like time to meet with the staff director. So I'm
going to ask that the budget be deferred till the next budget hearing, and then we can just take it up. But I
really am going to be very interested in understanding the seven hundred thousand dollars ($700,000) of
carryover funds that were just referenced, and the revenues. I don't see the revenues coming in that are
being discussed and projected. So I would move that the item be deferred, and we'll pass it at the next
meeting with a resolution, understanding those things.
Vice Chairman Gort: You want to do that?
Alejandro Vilarello (City Attorney): Yes. This simply needs to be approved before the end of the fiscal
year.
Commissioner Teele: Before the end of the fiscal year, that's right. All right.
Vice Chairman Gort: OK. There's a motion to defer.
Commissioner Teele: And the same thing — I would ask that this budget and the Off -Street Parking
budget be deferred. I just need to understand some of the revenues that are coming in. And there's no
problem, but I need to understand that, Art. And I apologize. I haven't been able to get with you. I
would ask that items 57 and 59 be —
Commissioner Sanchez: Mr. Chairman, Commissioner Teele, if you knew that you were going to defer
this — I mean, I've had Jay Constantz here all day. I mean, out of professional courtesy, you should have
said something.
Commissioner Teele: I apologize. But you cannot take up a budget matter until after the budget has been
heard. This is. the legal time to take it up, by law.
Vice Chairman Gort: There's a motion to defer.
Commissioner Winton: Second.
Vice Chairman Gort: Is there any further discussion? Being none, all in favor, state it by saying "aye."
Commissioner Regalado: Aye.
Commissioner Teele: Aye.
Commissioner Winton: Aye.
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9/14/00
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Vice Chairman Gort: Aye.
Commissioner Sanchez: One "no."
, The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-804
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 57
(PROPOSED BUDGET OF THE BAYFRONT PARK MANAGEMENT
TRUST) AND ITEM 59 (PROPOSED BUDGET OF THE
DEPARTMENT OF OFF-STREET PARKING).
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: Commissioner Joe Sanchez
ABSENT: None
290 9/14/00
72. APPROVE AND ADOPT MIAMI SPORTS AND EXHIBITION AUTHORITY OPERATING
BUDGET, $750,000 FOR FISCAL YEAR (FY) 2000-2001.
Vice Chairman Gort: OK, that's 58. Fifty-nine.
Commissioner Teele: Fifty-eight, I would move item 58. Fifty-seven and 59 we took up.
Commissioner Winton: Second.
Vice Chairman Gort: Fifty-eight is seconded. Discussion.
Commissioner Sanchez: None.
Vice Chairman Gort: Being none --
Commissioner Teele: Discussion on the MSEA (Miami Sports and Exhibition Authority) budget. The
only issue is that we had agreed that we would reduce the size of the board before. I was charged with
getting that done when, Commissioner Winton, you went on. We're still awaiting for your OK on that in
terms of the board size. MSEA has had a board of two -- we all appoint two people. We agreed that we
would reduce the MSEA Board in light of the change in the mission and the scope. And I really would
like to just -- We're going to have a Sunshine Law meeting. I'd like to understand if that's something we
want to do or not do. The other issue in this is that MSEA has an amount of funds that relate to art in
public places. And I don't see those funds in here. But this has been carried over from year to year to
year. It's not an operational issue. But I'm going to want to discuss the art in public places dollars that
have just been there, earmarked, sitting there for years.
Vice Chairman Gort: OK. Any further discussion? Is this a resolution or ordinance?
Alejandro Vilarello (City Attorney): It's a resolution.
Vice Chairman Gort: A resolution. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
291 9/14/00
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-805
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING AND ADOPTING THE MIAMI
SPORTS AND EXHIBITION AUTHORITY OPERATING BUDGET, IN
THE AMOUNT OF $750,000, FOR THE FISCAL YEAR
COMMENCING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30,
2001, 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 Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez .
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
292 19/14/00
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73. MANAGER TO EARMARK SURPLUS FUNDS FROM COMMISSIONER REGALADO'S
2000 BUDGET TO POLICE AND NET OFFICE IN FLAGAMI.
Vice Chairman Gort: OK. We're going to the --
Commissioner Sanchez: PZ items.
Commissioner Regalado: Mr. Chairman, I've got a question for the Assistant City Manager. I sent a
memo about a week ago. I'm sure that you're about to answer, but I just want to be clear, because it has
to do with the budget. I will have this year, like last year, a surplus in my office budget.
Commissioner Teele: I need some. Loan it to me.
Commissioner Regalado: OK. I'll loan something to you.
Commissioner Teele: Thank you.
Commissioner Regalado: According to Suarez, we get a lot of interest if we move the money around. But
anyway, my question to you was how I can use some of that surplus to be allocated to one specific project
of the police and the NET (Neighborhood Enhancement Team) in Flagami. And we have done this in the
past, I mean, switching funds. So my question is, do I have to do it now, next meeting? What is the
process?
Linda Haskins (Assistant City Manager): What we're looking at is the entire surplus for the City. And --
Commissioner Regalado: No, no. I'm talking about the surplus of my office.
Ms. Haskins: Right. And what --
Commissioner Regalado: My office has had every year a surplus, and I have given that back to the
general fund. This year, we have looked at special operations of NET, a quality of life enhancement
operation in some areas of Flagami. And I want to use that surplus to pay for the cost of doing that
operation, not request from the whole surplus of the general fund, but use my office, because, as a matter
of fact, it is my district, and it would be unfair to other Commissioners to do that from the general fund
source.
Ms. Haskins: As part of the cleanup ordinance, we'll have the ability to take surpluses and allocate them
to special sorts of projects.
Commissioner Regalado: Yeah, but my question is, should I do it now, or should I do it next week?
Ms. Haskins: It'll be -- Actually, it'll -- the cleanup ordinance will probably come in October, so you
won't lose that surplus.
Vice Chairman Gort: Wait a minute. My understanding is you -- you're allocating the surplus you have
this year.
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Commissioner Regalado: Right.
Vice Chairman Gort: He wants the surplus of this year --
Commissioner Regalado: Yes.,
Vice Chairman Gort: -- to be transferred to the NET this year, before the --
Commissioner Regalado: And the police of that area for a specific operation.
Vice Chairman Gort: We'll have to check with the Legal Department.
Ms. Haskins: Yes. I need to --
Vice Chairman Gort: Mr. Attorney, both he and I have had surpluses in the past in our budget. The
question is, can that -- can we -- In the past, that surplus automatically goes to the general fund. Can we
allocate those funds to a specific project within the City? Like he wants to appropriate that to the NET.
Ms. Haskins: It can be designated. The fund balance can be designated.
Alejandro Vilarello (City Attorney): Yeah. As far as I know, there's no legal impediment to doing so.
Now, I don't know what commitments we've made with the Oversight Board with dealing with that
particular issue, but there's no legal impediment.
Ms. Haskins: That designation --
Commissioner Regalado: We didn't make any commitment. The Oversight Board didn't know that I was
not going to spend. I didn't say to them that I was not going to spend my budget. So there is no
commitment to the Oversight Board. I'm talking about, the money allocated to me, to my office, not the
general fund. But I keep asking, should I do it now or later? And you say that by October, when the
cleanup. But you should know how much --
Ms. Haskins: We will know exactly how much it is, and we will --
Commissioner Regalado: I know how much. I know how much right now I have spent.
Ms. Haskins: Right.
Commissioner Regalado: And I have a surplus. I know that. So it's not that difficult.
Ms. Haskins: Right.
Vice Chairman Gort: My suggestion is you send a memo to the Manager stating that you have --
Commissioner Regalado: I sent a memo to the Manager.
294 9/14/00
Vice Chairman Gort: OK. Send it now. Don't wait until October.
Commissioner Regalado: But I sent the memo to the Manager last week.
Vice Chairman Gort: OK. Well, you should get an answer as soon as possible. OK?
Commissioner Regalado: Well --
Vice Chairman Gort: We'll get an answer by tomorrow.
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74. EXPAND DOWNTOWN DEVELOPMENT AUTHORITY'S BOUNDARIES TO INCLUDE
AREA OF NORTHEAST 17TH STREET AND NORTH BAYSHORE DRIVE.
Commissioner Teele: Can we go through the district items and get out of here?
Vice Chairman Gort: I'd like to. We're going to them now. OK. Districts.
Commissioner Teele: May I take the floor and let you take yours first? Aren't you District 1?
Vice Chairman Gort: Thank you, sir. The only thing we're asking is the -- We had some of the property
owners on 17th Street and North Bayshore Drive that they would like to become part of the DDA
(Downtown Development Authority) boundary. Now, so you all know what takes place, if we agree to do
so, this will have to go to the property owners, and they have to vote on it, and they are the ones that
decide if they want to be part of it. And I'd also like to clarify, for the benefit of those people listening
and being here, the funds expended and the revenues that come to the DDA is an additional tax that the
property owners within the district placed on themselves in order to create the Downtown Development
Authority. Mr. Phil Yaffa.
Phillip Yaffa: Thank you, Commissioner. Phillip Yaffa, 100 South Biscayne Boulevard, Miami. This
would be the first time this Commission has the authority to do -- to expand the boundaries. Last year, the
state amended Chapter 65 to allow the City Commission to change the boundaries of the DDA.
Commissioner Gort, what you'll be doing tonight is passing a resolution of intent to expand the
boundaries. As it happens, the only property owner in the expansion is my company. So we're the only
property owner affected, and we're asking for the expansion. After the resolution of intent, if it's
successfully passed tonight, then you have to advertise one time, 30 -day period, and then it would come
back and there would be a public hearing. So we'd ask that tonight you pass the resolution of intent and
direct the Manager to advertise this resolution of intent to expand the boundaries to include what is in
effect our Miramar Center property at 17th and Bayshore Drive.
Commissioner Sanchez: Willy, just on a technical question on the City Attorney. Is there any legal aspect
that they can't do that?
Alejandro Vilarello (City Attorney): No. This is the process that you would have to follow to do it.
Commissioner Sanchez: OK.
Vice Chairman Gort: So move.
Commissioner Teele: Second the motion. Is there further discussion? Now, this would be contiguous,
though, right?
Mr. Yaffa: Yes. Currently, the boundary of the DDA stops on the centerline of 17th Street. We're asking
that boundary to move north to encompass what is known as our Miramar Center Project. It happens to be
in between the middle of the block, between 17th and 181h
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Commissioner Teele: OK. I just wanted to clarify legally that it would be contiguous. So moved and
seconded. Is there objection? Mr. Clerk -- All those in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Teele: Those opposed say "no."
The following motion was introduced by Vice Chairman Gort, who moved for its adoption:
MOTION NO. 00-806
A MOTION TO EXPAND THE DOWNTOWN DEVELOPMENT
AUTHORITY'S BOUNDARIES TO INCLUDE THE AREA OF
NORTHEAST 17TH STREET AND NORTH BAYSHORE DRIVE.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Commissioner Teele: The item is adopted, and the Attorney and the Manager are so instructed. Mr.
Chairman, you have it.
Vice Chairman Gort: Thank you.
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0 0
75. FIRST READING ORDINANCE: AMEND SECTIONS 4-2, 4-7 AND 4-11 OF CITY CODE
ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," TO LIMIT HOURS A PACKAGE STORE
MAY SELL ALCOHOLIC BEVERAGES AND PROVIDE FOR AND DELETE DEFINITIONS
RELATED TO PACKAGE STORES.
Vice Chairman Gort: That takes care of 1. Two doesn't have anything.
Commissioner Sanchez: Three.
Vice Chairman Gort: Three. Commissioner Sanchez.
Commissioner Sanchez: Mr. Vice Chairman, I have one item on a first reading ordinance, just to clarify
what we want to accomplish. Several surrounding cities have implemented this alcohol beverage in
general; limit the hours of package stores to allow liquor. If we study -- This is a quality of life issue that
apparently will help the community. I have in my district some areas that after 11 o'clock, become
"Gotham City," with a lot of gas stations and little stores constantly selling more liquor at night than
anything else, creating crime in our community. And if we could reduce that as a quality of life, and while
we're at it, save some lives, I think it would be good. This is a model taken after Homestead that applied
this ordinance. They do not sell liquor from 8 a.m. to 1 a.m. Miami Beach also does it from 8 a.m. to 10
p.m. Coral Gables does it from 7 a.m. to midnight. And this ordinance, which is in first reading, and out
of courtesy, we didn't have to advertise it, but we did on first reading. It's an ordinance that I think will
bring a better quality of life to the City of Miami. So therefore, I move this ordinance.
Commissioner Teele: For purposes of discussion, solely for discussion, I second it. May I ask the
management, is this ordinance Citywide? You talked about your district.
Commissioner Sanchez: Citywide.
Commissioner Teele: So it doesn't just relate to your district?
Commissioner Sanchez: No, it does not. It's Citywide.
Commissioner Teele: Well, I'm going -- I think -- Let me put it this way: There are areas in this City
that need to be conferred and consulted. Coconut Grove, downtown. I mean, the Arenas, the various
things. This is -- I can see, I can see this having a certain amount of application. Now, does this relate
strictly to package stores?
Commissioner Sanchez: Yes, sir.
Commissioner Teele: Strictly to package stores.
Commissioner Sanchez: Under the language, yes, it does.
Alejandro Vilarello (City Attorney): No. It also --
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Raul Martinez (Chief of Police): Commissioner, but let me say the definition of a package store is not
what we sometimes think as a package store. A package store includes 7 -Eleven, a convenience store, a
grocery store and a gas station.
Mr. Vilarello: Grocery store, gasoline service station.
Chief Martinez: Because they're package -- they're licensed under a package store type of liquor license.
Commissioner Teele: Can this ordinance, Madam Assistant Manager or the Planning Director, can this
ordinance be tailored to residential districts, to residential areas?
Commissioner Sanchez: I don't believe so.
Vice Chairman Gort: They have to be in commercial areas in order to do so.
Mr. Vilarello: It's tailored to the license classification of the State Division of Beverage and Tobacco.
Commissioner Teele: I don't -- I mean I don't -- This is first reading. I really would like to understand
this. But I am very concerned if we're trying to present ourselves as an international City. What time
would the 7 -Eleven not be able to sell liquor to people coming in?
Commissioner Sanchez: As it's written right now, it's 7 a.m. to 10 p.m.
Commissioner Teele: 10 p.m.?
Commissioner Sanchez: But we could modify it and make an amendment to 11 or 12.
Commissioner Teele: Oh, no.
Vice Chairnan Gort: Let me tell you what my --
Carlos Gimenez (City Manager): It's really 10 p.m. to 7 a.m., right?
Mr. Vilarello: 7 a.m. to 10 p.m.
Mr. Gimenez: It's 10 p.m. to 7 a.m.
Chief Martinez: They would not be allowed.
Commissioner Sanchez: Yes.
Commissioner Teele: They would not be allowed?
Vice Chairman Gort: Let me tell you what my problem is. The district that I represent, they can go right
across the street and do the purchasing. So the businesses within my district are going to be losing the
ability to make revenues. And that's not going to solve the problems in my district, because right across
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the street, they can go and do the purchasing, because that's the County. I have that all through 27th
Avenue. I have all that through 36th Street. So, you know, this is the first reading. I don't have any
problem, but I'd like to see the impact that it would have on our merchants.
Commissioner Teele: I could not support this on second reading if we're talking about stopping liquor
sales at 10 o'clock. I mean, there are some people that don't work 9 to 5, Monday to Friday, government
to government. I mean, we are an international City. There are going to be people that come into this
town. We're trying to move ourselves as a convention City. If this could be limited in some ways to
certain areas of the City, you know, west of 95 or something like that. But I really do think that -- west of
U.S. 1 and 95. You know, there ought to be a way to craft this if this is a real concern. But just to
arbitrarily say that 10 p.m., you stop serving liquor in Miami -- Now, Homestead, I can understand it. I
mean, you know.
Commissioner Sanchez: Miami Beach, could you understand Miami Beach?
Commissioner Teele: Well, I know where Miami Beach is trying to grow and go. And, you know,
they've got a whole different problem. They're doing a whole series of things, because they're trying to
shut the City down. And they've got more growth than they can manage right now. I mean, you know,
they shut the highways down now at about 9 o'clock at night, just to control the flow of people. They've
got a different public policy problem. And we're trying to get those people to come to our -- what is now
the Camillus House and the homeless areas in downtown. So, I mean, we've got conflicting policies as it
relates to where we want to go versus where Coral Gables wants to go versus where Homestead or Miami
Beach. I would like to support this if it is going to reduce the amount of impact in residential
neighborhoods. But we can't be an international City; we can't be the gateway to the Americas. Hey, half
the people don't even -- the flights don't even land here until 10 o'clock, 11 o'clock, coming out of Latin
America. You know, go out to the airport. So those people, what are they supposed to do? Go up to
Broward to get a -- to buy liquor to take to their hotel rooms?
Vice Chairman Gort: All they have to do is go to the County, right across the street.
Commissioner Sanchez: Mr. Vice Chairman, Mr. Teele, if we want to be an international City, I think we
need to start cleaning up a lot of things.
Commissioner Teele: Yeah.
Commissioner Sanchez: One is we need to focus on the quality of life issue. We continue to have people
that walk into these gas stations, buy a six-pack, sit outside and drink it.
Vice Chairman Gort: Well, you know, Commissioner, that's an enforcement --
Commissioner Teele: That's an enforcement problem.
Vice Chairman Gort: That's an enforcement. I mean, why are we going to penalize the people? We
should enforce that they're not allowed to drink in public places.
Commissioner Teele: And I have to tell you this.
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Vice Chairman Gort: And we should close those places down. I think we have certain places that should
be closed down.
Commissioner Teele: And I have to tell you this. I've always felt that it's absolute snobbery that you can
go to Coconut Grove and sit out on the street corner at a sidewalk cafe and have a drink. You can go to a
dinner or you can go to South Beach, and they've got beautiful things. And in the inner City, you got to
keep moving, keep walking, keep hiding and all of that kind of stuff. I mean, you know, I'd like to have
some sidewalk cafes right there in Overtown, because we run those people around. They don't have the
kind of homes that many of the people that are going to South Beach do. So, I mean, I'm -- I'd like to
withdraw my second. I mean, I just -- this is a public policy issue that I think is inconsistent with where
we want to be as an international City.
Commissioner Sanchez: Well, I happen to disagree with you.
Commissioner Teele: I respect you and --
Commissioner Sanchez: That's the beauty of disagreeing.
Commissioner Teele: I mean I respect you.
Commissioner Sanchez: The beauty of -- and I know you do. But let me just say something. If we are
going to take this City to another level, which I keep saying that, you know, people land here and the first
thing they see is people begging on corners. We continue to have the problem of panhandlers that are --
spend the whole night drinking, and then, you know, they pick these intersections and stand there. And I
have focused myself, and I've had several meetings with the Chief of Police. I've had several meetings to
try to tackle these issues that I think send out a negative message of what a City we are. If a City like
Miami Beach and Coral Gables have done it, and they've had a positive impact on the quality of life, you
know, if they're no -- They can't get liquor in Coral Gables. Then they're going to come here and get it,
you know, and that, it continues. If we could do things that we could take ideas from other cities that
benefit thein, and I think -- I don't think the law enforcement or anybody here will dispute that it would
reduce crime. And in the same way, if it could save somebody's life from driving and hurting themselves
or -- you know, I'm sure MADD (Mothers Against Drunk Drivers) would be supporting this 100 percent
if I gave them a call. But I think that these are the things that we need to start doing in the City. We need
to start cleaning our streets. We need to start taking, you know, things that were done in New York with
Guiliani to clean their streets; we need to do those things. And if we don't do things like this, then, you
know, we're never going to be an international City. I could assure you of that. So my motion is still on.
It's an ordinance. If the Commission is willing to second it or, you know, and bring it back at second
reading, and we'll have more information on it. The ordinance itself is self-explanatory. If the
Commission is willing to amend the hours, then so be it. I don't really -- I could take it till midnight, just
like Coral Gables that does it from 7 a.m. to midnight.
Vice Chairman Gort: Why don't we do it at 10 o'clock, then?
Commissioner Sanchez: Huh?
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•
Commissioner Teele: Coral Gables doesn't have a DuPont Hotel. Coral Gables doesn't have --
Commissioner Sanchez: But you don't go to Coral Gables -- You don't go to DuPont and buy a six-pack
and sit outside, do you?
Commissioner Teele: Absolutely. The people that live in those hotels are people who fly up here from
Nicaragua, from Venezuela --
Commissioner Sanchez: And you think that's good for the City?
Commissioner Teele: And I think it's good that they have the. same rights as those people who can pay
five hundred dollars ($500) a night or three hundred dollars ($300) a night at the Biltmore or at the various
hotels in Coral Gables. They can go into the hotel. They can order room service, two bottles of Dom
Perignon. But old "Joe Lunch Bucket," who comes to Miami to go shop down on Flagler Street -- I don't
know where the DDA -- Look, this is Gort. You're the DDA guy and Johnny Winton. If you all can live
with this, I can. But I'm just telling you, I think, you know, it has a very dramatic impact on the
international image of this City.
Vice Chairman Gort: Let me tell you, I don't think that -- I don't mind taking it to 12 o'clock. I don't
think it will affect downtown Miami. But -- but I'd like to get a report from the police, and I want the
police to tell me that if we pass this, we're going to stop all the things that he's saying. We're going to
stop the panhandlers on the corners. We're going to stop people from drinking in the streets. That's what
I -- Since you're supporting this and it's going to lower crime, that's what I'd like to get. I mean, if we
pass this ordinance, I want to make sure we're not going to have any panhandling in downtown Miami or
in any other streets.
Commissioner Regalado: Mr. Chairman. Mr. Chairman.
Chief Martinez: Well, Commissioner -- Commissioner, Raul Martinez, Chief of Police. Obviously, that's
nothing something that I can promise if this passes. It will give us another tool that will be easier to
police, rather than policing the guy purchasing the beer.
Vice Chairman Gort: Let me ask you a question. Right now, my understanding is we have an ordinance
where we're not allowed to drink in public places. That's my understanding.
Mr. Vilarello: I believe it's a state statute.
Vice Chairman Gort: Excuse me?
Commissioner Teele: State statute.
Mr. Vilarello: State statute.
Vice Chairman Gort: They cannot drink in public places.
Chief Martinez: Drinking in public is prohibited.
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Vice Chairman Gort: You want me to take you right now, and I can see offices going up and down, and
people are drinking, and nothing's being done?
Commissioner Teele: Except --
Vice Chairman Gort: See, you know, these are the things we need to analyze. And I can understand what
you're saying. But if that could really be the solution, I would vote for it right now.
Commissioner Sanchez: I think it's a step in the right direction, Commissioner Gort.
Commissioner Regalado: Mr. Chairman, just --
Vice Chairman Gort: Yes.
Commissioner Regalado: You know, an ideal world would be to do that, and to have the government
order the stores not to sell videos that are violent to children, and not to sell cigarettes and all that. The
problem that I see -- and, you know, I would be willing to support in a different way, not as it is. It's that
we do not have the resources to enforce this, because in Commissioner Sanchez' district, he and his staff -
- and I have seen that personally -- have been very involved in trying to solve.this situation in front of St.
John's Bosco Church. People sit there from 7 a.m. to 6 a.m. the other day drinking, and drinking and
drinking, and bothering people, and harassing people. And I've seen Commissioner Sanchez there, you
know. Monsignor Vallina calls me all the time. He calls because it's getting to a point where it's
impossible to go into mass and not be confronted by those people. So I don't -- you know, and the Police
Department cannot have a 24-hour guard over there. So I don't think that by not letting people sell, we're
going to solve that problem, because, like Commissioner Gort said, in 27th Avenue, if you cross from this
sidewalk to Melrose, you can buy anything you want.
Vice Chairman Gort: On 81h Street. On 8th Street.
Commissioner Regalado: On 8th Street. In my district, if you cross from 45th Avenue to the Palmetto, you
just need to cross the street. You can buy anything you want. So I don't -- you know, I don't -- I don't
know. Are we selling here the sofa or something, you know? That is like --
Vice Chairman Gort: I would try it at 12 o'clock.
: Look, I -- I brought this ordinance.
Vice Chairman Gort: I wouldn't have any problem with 12 o'clock.
Commissioner Sanchez: If you could yield. I brought this ordinance because it's been very successful in
the other cities. I brought it as a quality -- it's a quality of life issue. And once again, if anyone wants to
amend it to midnight, it's perfectly fine. After I1 o'clock, most Publixes close. Very few Winn-Dixies
are open 24 hours a day. .The only ones that are open 24 hours a day are these gas stations and a lot -- I
mean, mom and pop stores usually close at 9 or 10. So it's the people that drive, you know, and get a six-
pack and get on the car, and they take off and they either, one, violate drink and driving, an open container
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violation; two, it adds on to the so-called element of crime; and three, if we could save somebody's life
from drinking and driving, and crashing and hurting someone else, it's a good ordinance. It sends out a
clear message that Miami is willing to do what it takes to show that we're working on the quality of life
issues.
Commissioner Teele: Gentlemen, this thing is fraught with unintended consequences. You can just think
about this, now. Everybody doesn't work 9 to 5. There are going to be people who go -- who get off from
work, working at the airport, working at the seaport. They aren't going to be sitting around loitering.
They're going to want to stop at a 7 -Eleven. It's going to have a tremendous impact on retail values, on
property values. I mean, what is this going to cost the 7 -Eleven? What is this going to cost these various
businesses? I mean, everybody shouldn't have to go buy their -- In fact, if anybody -- you know, we got
about -- what? -- 20 minutes before the store closes tonight. I just --
Commissioner Winton: Well, I've been trying to leave for an hour.
Commissioner Teele: I just think we need to be very careful about this, and we need to understand the
economic impact. You're going to have a number of working people -- and this is going to hit the
working person. It's not going to affect those who make the hundred thousand dollars ($100,000) a year.
This is going to affect the people who don't have the mobility, the people who live in these
neighborhoods, who may be working and getting off at American Airlines tonight at 10 o'clock. I mean,
what's the message we're sending?
Vice Chairman Gort: Commissioner Teele, I think we might be able to live with the 12 o'clock. And this
is first reading. I'd like to hear from the people. And I don't know if we've approached anyone at the
Chamber of Commerce and talked to them and so on, and if we talked to any of the Winn-Dixies or the
major stores and see what the impact is going to be.
Commissioner Sanchez: Well, there's a motion to approve the ordinance. If there's a second, I will
entertain any amendment made by my colleagues.
Vice Chairman Gort: Is the second back?
Commissioner Teele: No, I'm not. I'm out of this one. I mean, this has too many unintended
consequences. And we just raised taxes, and now, a guy can't have a beer? Come on.
Commissioner Sanchez: But they're positive ones. They're positive ones.
Vice Chairman Gort: This is first reading. This is first reading.
Commissioner Winton: It seems to me that -- and all of these points are good ones. I think,
Commissioner Teele, your points are very good, and Commissioner Sanchez' motivation is outstanding.
And I've seen in my districts the same kinds of things he's struggling with mightily in his district.
Vice Chairman Gort: We all have it in all our districts.
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Commissioner Winton: Yeah. And it's -- You know, you hate to, you hate to kind of just leave people
hanging. I mean, we do have a problem here that we've got to solve. And Commissioner Sanchez has
brought something forward. I am a little nervous about the law of unintended consequences; I'll have to
admit. But I'm also -- You know, I've been in a lot of communities where -- where -- a lot of
communities, big cities and small, where there was an absolute limit on the time when package liquor
stores.could be open. So I'm struggling with this, I'll have to admit. I go one way and say yes, and the
other way and I'm worried.
Commissioner Sanchez: Johnny, it's not a liquor store.
Commissioner Winton: I'm sorry?
Commissioner Sanchez: It's not a liquor store.
Commissioner Winton: No, no. Package store.
Commissioner Sanchez: Oh, package.
Commissioner Winton: Yeah. If I said "liquor," I didn't mean it.
Commissioner Teele: So this doesn't affect 7 -Elevens and neighborhood stores?
Commissioner Winton: Yeah, it does.
Commissioner Sanchez: Yeah, it does. Oh, yeah.
Vice Chairman Gort: Yeah.
Commissioner Winton: It affects all, anybody who --
Commissioner Teele: So on 17th Avenue, they're going to have to close in the City where they pay us
taxes, but they're going to be able to go to 22"d Avenue in my district.
Commissioner Sanchez: That's Citywide.
Commissioner Winton: No. They'll be able to walk across the street.
Vice Chairman Gort: Yeah, but it's the County right across the street in our districts.
Commissioner Sanchez: Oh, OK.
Commissioner Teele: The City, the City limit is 19th Avenue in my district.
Commissioner Winton: Right, which is another part of the problem.
Commissioner Teele: So 17th, they can't do it, but they'll go over to 22"d, I mean.
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Vice Chairman Gort: No. If they go beyond 62nd Avenue and 791h, they can go right across the street.
The same thing with 8th Street. In 81h Street, they can go past -- once you go beyond 57th Avenue, they can
go across the street. On 36th Street, they can go right across the street and buy anything. You know, I can
understand what you intend to do. And I don't have any problem with 12 o'clock, and that's fine. But at
the same time, the problem that we have is lack of enforcement, because; let me tell you, people are not
allowed to drink in the public. And there's some laws there, and we're not enforcing those laws. That's
all there is to it. St. Juan Bosco, they drink in there, in the public right-of-way. They can be picked up.
They can be taken in. And I can assure you, once they've taken in two or three times, they have to pay the
fines and they have to pay all the expenses of going through jail, they will not do it anymore.
Commissioner Sanchez: Hey, listen, you know, we either vote it up or vote it down. I think it's a good
legislation. That's why I brought it forth.
Commissioner Teele: The intent is outstanding. I don't disagree at all with the intent.
Vice Chairman Gort: The intent is great.
Commissioner Teele: In fact --
Vice Chairman Gort: That's why I want the Chief to promise, since he supports this, that he's going to .do
that.
Commissioner Sanchez: Well, I wouldn't do it if I didn't know I have the support of the Police
Department. Of course, they support it.
Vice Chairman Gort: OK. Solve that --
Commissioner Teele: He shouldn't get into policy issues.
Vice Chairman Gort: We're going to get rid of the handling. No more handling downtown.
Commissioner Winton: Yeah, right.
Commissioner Winton: So call the question.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Winton: Well, I'll second for the vote. So Commissioner Sanchez would like a vote. So -
Vice Chairman Gort: With amendment. With the amendment.
Commissioner Winton: Yeah, with the amendment to 12 o'clock.
Commissioner Sanchez: To 12 o'clock? Amendment accepted.
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�J
Vice Chairman Gort: Wait. How does it read?
Mr. Vilarello: The hours of sales that would be allowed would be from 7 to 12 p.m. 7 a.m. to 12 p.m. --
12 a.m.
Commissioner Sanchez: Similar to Coral Gables' concept.
Mr. Vilarello: Sorry. 7 a.m. to 12 a.m.
Vice Chairman Gort: For the second reading, I'd like to have the input of the Chamber of Commerce, and
I'd like to have a report from you of what do you think it would do to the crime, specifically.
Commissioner Teele: Now, this doesn't affect room service, does it?
Vice Chairman Gort: No, no.
Commissioner Teele: So in other words -- I just --you know, just want to be clear.
Commissioner Winton: Which establishment are we in?
Vice Chairman Gort: OK; roll call.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
Walter Foeman (City Clerk): Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 4/ARTICLE 1 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC
BEVERAGES/IN GENERAL," TO LIMIT THE HOURS A PACKAGE
STORE MAY SELL ALCOHOLIC BEVERAGES AND TO PROVIDE
FOR AND DELETE DEFINITIONS RELATED TO PACKAGE
STORES; MORE PARTICULARLY BY AMENDING SECTIONS 4-2,
4-7 AND 4-11 OF SAID CODE; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
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was introduced by Commissioner Sanchez, seconded by Commissioner Winton, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
ABSENT: None
COMMENTS MADE DURING ROLL CALL:
Commissioner Winton: Well, there's a second reading, so we'll have a lot of public input. So I'll vote
yes.
Vice Chairman Gort: For the sake of first reading, and trying to get more information, I'll vote yes. But
I'll need a lot more information on the second reading.
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i
76. DIRECT CITY ATTORNEY TO DRAFT LEGISLATION TO REQUIRE APPLICABILITY OF
PROVISIONS CONTAINED IN ANTI -DEFICIENCY ACT FOR ALL EMPLOYEES AND MEMBERS
OF CITY AUTHORITIES AND AGENCIES, SEMIAUTONOMOUS INSTRUMENTALITIES,
COMMITTEES, TASK FORCES, AND ADVISORY, REGULATORY AND QUASI-JUDICIAL
BOARDS.
Commissioner Sanchez: Mr. Vice Chairman, the other resolution that I have, being that we have --
working on the budget, and we did so well with the anti -deficiency applied to the City. This resolution
directs the City Attorney to draft the legislation, directing the City Attorney to draft legislation to require
the applicability of the provision contained in the Anti -Deficiency Act for all employees and members of
the City of Miami authorities, (unintelligible) semiautonomous instrumentalities, committees, task forces
and advisory, regulatory and quasi-judicial boards. So move.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and seconded.
Mayor Carollo: Too late, Charlie. Sorry, Charlie.
Charlie Cox (President, General Employees, AFSCME Local #1907): Charlie Cox, 4011 West Flagler
Street. The only thing I want a clarification on, I'm sure this isn't intended for the Pension Boards,
correct?
Commissioner Teele: That's the way it reads.
Commissioner Sanchez: That's the way it reads. For everyone.
Commissioner Teele: It's drafting the ordinance, so you got a chance to fight it. All this does is instructs
the Attorney to draft the ordinance.
Mr. Cox: Well, remember, we're under a Gates court order with the Pension funds.
Vice Chairman Gort: Yeah. Well, the Attorney will have to come back and say who qualifies and who
won't.
Commissioner Sanchez: Mr. City Attorney?
Commissioner Teele: Is there anything else?
Alejandro Vilarello (City Attorney): Commissioners, if it is your intention for this to apply to the Pension
Board, that was not my understanding when this ordinance -- when this directing resolution was prepared.
I would not be bringing back an ordinance related to the Pension Boards unless you so direct me tonight.
Commissioner Sanchez: All right. Just bring it back the way -- without the Pension Boards.
Commissioner Winton: Right. We don't want to be back in the soup again.
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Commissioner Teele: All in favor?
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-807
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY ATTORNEY TO DRAFT LEGISLATION TO REQUIRE
THE APPLICABILITY OF THE PROVISIONS CONTAINED IN THE
ANTI -DEFICIENCY ACT FOR ALL EMPLOYEES AND MEMBERS
OF CITY OF MIAMI AUTHORITIES AND AGENCIES,
SEMIAUTONOMOUS INSTRUMENTALITIES, COMMITTEES,
TASK FORCES, AND ADVISORY, REGULATORY AND QUASI-
JUDICIAL BOARDS.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
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77. DEFER CONSIDERATION OF PROPOSED ESTABLISHMENT OF 11 MEMBER HOUSING
AND ECONOMIC DEVELOPMENT LOAN COMMITTEE; AMEND COMMITTEE TO INCLUDE
TACOLCY AND ESTABLISH REVEREND DUNN'S CREDENTIALS AS EXPERT IN REAL
ESTATE; COMMISSIONER REGALADO REQUESTED MODIFICATION TO INCLUDE START-UP
BUSINESSES BE CONSIDERED FOR COMMERCIAL LOAN PROGRAM.
Commissioner Teele: Anything else, Mr. Chairman?
Vice Chairman Gort: Yes, we have two more items, Zoning and Planning.
Gwendolyn Warren (Director, Community Development): Two real quick. They're real quick.
Vice Chairman Gort: Let's go.
Carlos Gimenez (City Manager): Mr. Chairman, before we get that, I have a pocket item I'd like to bring
up. It's a resolution establishing the 11 -member Housing and Economic Development Loan Committee.
This is the item we were recommended to bring back today.
Vice Chairman Gort: Move it.
Commissioner Teele: So move, Mr. Chairman. Now, that resolution, as I read it, made reference to Little
Haiti. Didn't you all change that today to Tacolcy?
Ms. Warren: No. There's Little Haiti and Tacolcy.
Vice Chairman Gort: Is there a second?
Commissioner Teele: OK.. All right. That didn't make reference to Tacolcy.
Ms. Warren: No. The one earlier today was Tacolcy. This is the --
Commissioner Teele: But would Tacolcy be involved in this, as well?
Ms. Warren: Yes, sir.
Commissioner Teele: Well, amend it to include Tacolcy as appropriate.
Ms. Warren: Yes, sir. OK.
Commissioner Teele: OK. This is the resolution that Commissioner Regalado asked be brought up
relating to the process of the loans.
Ms. Warren: Correct. It expands the Loan Committee to review the (inaudible) loans so we can move
them out.
Commissioner Teele: Now, the Mayor has appointments, but the Commission doesn't have appointments.
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Ms. Warren: The way the Commission originally intended it, set it up, the Mayor had the appointment of
the chairperson, and you designated the other private sector members and City departments that would
participate.
Commissioner Teele: Who -- Does the Commission designate them?
Ms. Warren: You --
Commissioner Teele: Or the Manager?
Ms. Warren: -- designated the categories of the businesses. The Manager appoints the department heads,
but the Mayor has the chair appointee.
Commissioner Teele: Does the Commission appoint members?
Ms. Warren: No, sir.
Commissioner Teele: The Mayor appoints members but the Commission doesn't
Ms. Warren: The Mayor appoints the chairperson, yes, sir.
Commissioner Regalado: These are for the business loans, right?
Ms. Warren: This is your housing, your Finance Committee for Community Development. It was
comprised of outside financial businesses, bankers and real estate developers. And they are reviewing
your housing loans and now your commercial loans. We're expanding it to include banks that would do --
the three banks, additional financial institutions that do commercial loans.
Commissioner Winton: I second the motion.
Commissioner Regalado: OK. I move the item. But also, I would like to include language that says that
new business will be considered, because it is my understanding that someone may have the idea or the
perception that it was the will of this Commission not to consider new business in terms of loan purposes.
Ms. Warren: Yes. It was the instruction of this Commission to staff that new start-up businesses not be a
part of the commercial loan program, but they'd be a part of Working Capital, our new start-up lending
program. But not this commercial loan program. Yes, that was the instruction of the Commission.
Commissioner Regalado: But I don't know how did it come out that -- Did we vote on it?
Commissioner Teele: What?
Commissioner Regalado: Of not considering new business for loans.
Commissioner Teele: No. We didn't have a process. We're approving this process.
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Commissioner Regalado: We didn't vote on it. So, Gwen.
Ms. Warren: OK. Again, the policy direction for staff -- and again, we could amend it -- was that the
commercial loan program would be for businesses that have been in business for a minimum of two years,
and that it was not to include start-ups. We also funded a program called Working Capital that was for
new start-up businesses, and that they were to-- and that was -- but if the Commission wants to change its
direction, I can do that. But that's how you separated it.
Commissioner Teele: You know what? Why don't we just defer this and read -- because I think there's
too many questions, and I think everybody ought to be --
Commissioner Winton: And this is a big deal.
Commissioner Teele: -- on sync. I mean, I know that a part of the consent decree -- and I don't think we
ought to drag this out, but a part of the consent decree that we made with Community Development, with
the Federal Government was that the Commission would get out of influencing the decisions on housing --
on loans and all of that. I'm not sure we haven't gone further than we ought to go. But at the same time, I
just think maybe we ought to defer it and let us all read it and take it back up, and give Dena some more
time to read it, too, I guess.
Ms. Warren: OK. The one -- again, yes, sir. We do have two issues that are loans that are trying to be
resolved, work out plans from Miami Capital. They're in the Law Department, and they have been
awaiting review by this committee. I just wanted to let you know. .
Commissioner Teele: Why do they have to be reviewed by that committee? Why can't the Manager
review it? I mean, that's the point, is just because you don't have a committee doesn't mean that the
process has got to stop.
Ms. Warren: Yes, sir. Yes, sir.
Commissioner Regalado: Anyway --
Commissioner Teele: Mr. Chairman, on the point. Would you work with the City Attorney and make
sure we establish Reverend Dunn's credentials as an expert in real estate, as his role as chairman of the --
what is that? -- Word of Life Development Corporation and the development that he's done in the City,
that I'm aware of, just as an FYI (for your information) item, please? Thank you.
Ms. Warren: Yes, sir.
Vice Chairman Gort: OK. We have.
Commissioner Regalado: OK. Gwen, when you come back with this, would you include language that
new business will be considered.
Commissioner Winton: Well, I think that's -- that's got to be part of the debate.
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Ms. Warren: Yes, sir. Yes, sir. That's --
Commissioner Winton: That's got to be part of the debate, you know, how we're going to deal with those
two issues.
Commissioner Regalado: OK.
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.
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78. SECOND READING ORDINANCE: AMEND SECTION 4-11 OF CITY CODE, ALCOHOLIC
BEVERAGES, TO ESTABLISH AN EXCEPTION TO DISTANCE LIMITATIONS FOR
ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES WITHIN RESIDENTIAL BUILDINGS
CONTAINING IN EXCESS OF 300 DWELLING UNITS WITHIN DOWNTOWN AREA, AND
ESTABLISH CRITERIA FOR APPLICATION (APPLICANT (S): CITY OF MIAMI PLANNING AND
ZONING DEPARTMENT).
Vice Chairman Gort: PZ, let's go.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -1 is a second reading, amendment to the
City Code.
Commissioner Winton: So move.
Vice Chairman Gort: No, no, what is the amendment?
Ms. Slazyk: This is the one for downtown area for residential projects in excess of 300 units to allow an
establishment that -- a bar, a lounge.
Vice Chairman Gort: All right. It's been moved. Is there a second?
Commissioner.Teele: Second.
Vice Chairman Gort: All in favor state it by saying "aye."
Joel Maxwell (Assistant City Attorney): This is an ordinance, sir.
Vice Chairman Gort: An ordinance. Read it.
Note for the. Record: The Assistant City Attorney read the pending ordinance into the public
record by title only.
Vice Chairman Gort: Roll call.
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An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 4/ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC
BEVERAGES/IN GENERAL," TO ESTABLISH AN EXCEPTION TO
DISTANCE LIMITATIONS FOR ESTABLISHMENTS SELLING
ALCOHOLIC BEVERAGES WITHIN RESIDENTIAL BUILDINGS
CONTAINING IN EXCESS OF 300 DWELLING UNITS WITHIN THE
DOWNTOWN AREA; MORE PARTICULARLY BY AMENDING
SECTION 4-11; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
passed on its first reading, by title, at the meeting of July 27, 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11960.
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.
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79. SECOND READING ORDINANCE: AMEND ORDINANCE 10544, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, TO AMEND POLICY LU -1.1.11 EXCEPT
VIRGINIA KEY, WATSON ISLAND AND UNINHABITED ISLANDS OF BISCAYNE BAY THAT
HAVE A LAND USE AND ZONING CLASSIFICATION OF CONSERVATION FROM THE CITY'S
URBAN INFILL AREA (APPLICANT (S): 'CITY OF MIAMI PLANNING AND ZONING
DEPARTMENT).
Vice Chairman Gort: OK. Next PZ.
Clark Turner (Chief, Community Planning): This is an amendment to the Miami Comprehensive
Neighborhood Plan redefining the urban infill area that you adopted last November --
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: - Second.
Mr. Turner: -- in accordance with a compliance agreement with the Department of Community Affairs.
Commissioner Winton: Second.
Vice Chairman Gort: OK. It's been moved and seconded.
Commissioner Teele: Read the ordinance.
Vice Chairman Gort: Read the ordinance.
Note for the Record: The Assistant State Attorney read the pending ordinance into the public
record by title only.
Vice Chairman Gort: Roll call.
317 9/14/00
•
An Ordinance, entitled —
•
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AMENDING ORDINANCE NO. 10544, AS
AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN 1989-2000, BY AMENDING THE TEXT OF THE GOALS,
OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE
ELEMENT TO AMEND POLICY LU -1.1.11 TO EXCLUDE FROM
URBAN INFILL AREA DESIGNATION THE FOLLOWING AREAS
OF THE CITY OF MIAMI: VIRGINIA KEY, WATSON ISLAND AND
THE UNINHABITED ISLANDS OF BISCAYNE BAY THAT HAVE A
"CONSERVATION" LAND USE AND ZONING CLASSIFICATION;
DIRECTING THE TRANSMITTAL OF THIS ORDINANCE TO
AFFECTED AGENCY(S); CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of July 27, 2000, was taken up for its second and final
reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner Winton,
the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11961.
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.
Note for the Record: At this point, the City Commission closed consideration of the Planning and
Zoning portion .of the Agenda to consider items from the regular portion of the Agenda.
318 9/14/00
80. DIRECT MANAGER TO TAKE UNDER ADVISEMENT SHOWING COUNTY POLICE
CHASE SCENE TELEVISED ON NATIONAL MEDIA TO CITY POLICE OFFICERS TO SHOW WE
CANNOT AFFORD TO HAVE THAT HAPPEN IN THE CITY.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: One other item, Mr. Chairman.
Vice Chairman Gort: Hello? Excuse me. We've still got a meeting going.
Commissioner Teele: Chief Martinez, I think we all know that this morning, the media was full of
Miami's problem on the high-speed chase, which, unfortunately, was not -- we have been again
mischaracterized. I think it's very important that we do what we can, and I would respectfully request that
the Manager take under advisement showing the chase scenes that showed up today on the national media
and throughout the country to the police officers during roll call and other appropriate times. I've
conferred with the Chief, because I think it really is important that we understand that this is one
community, and we can't afford that to happen in the City of Miami. So I would so move.
Vice Chairman Gort: Is there a second?
Commissioner Regalado: I'll second.
Vice Chairman Gort: Further discussion?
Commissioner Regalado: What are we doing? Showing the tape?
Commissioner Teele: They're just going to show the chase scene so that the police see how this can
evolve. That's one of the problems with a high-speed chase.
Commissioner Regalado: But are they going to show only in the roll call, just the chase or other
incidents?
Commissioner Teele: And other incidents. The Philadelphia incident. They've been . showing these
incidents --
Commissioner Regalado: No, no. I'm talking about other incidents.
Commissioner Teele: What are you talking about?
Commissioner Regalado: Not chases. For instance, the riots, Elian riots.
Commissioner Teele: The chase, just the chase, please.
Commissioner Regalado: Just the chase?
319 9/t4/00
Commissioner Teele: Yes, please.
Commissioner Regalado: OK.
Commissioner Winton: We didn't finish taking up the Alex Vilarello --
Commissioner Teele: Can we pass this one? All those in favor?
Commissioner Winton: Yes.
Commissioner Regalado: Yes.
Commissioner Teele: Mr. Chairman, can we carry this?
Vice Chairman Gort: Yes. All those 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. 00-808
A MOTION DIRECTING THE CITY MANAGER TO TAKE UNDER
ADVISEMENT SHOWING MIAMI-DADE COUNTY POLICE CHASE
SCENE BEING TELEVISED RECENTLY ON NATIONAL MEDIA TO
THE CITY OF MIAMI POLICE OFFICERS DURING ROLL CALL
AND OTHER APPROPRIATE TIMES TO SHOW WE CANNOT
AFFORD TO HAVE THAT HAPPEN IN THE CITY OF MIAMI.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
320 9/14/00
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81. DIRECT MANAGER TO SCHEDULE CONSIDERATION OF SALARY INCREASE FOR
CITY ATTORNEY AS FIRST ITEM BEFORE TAKING UP CONSIDERATION OF BUDGET ITEMS.
Alejandro Vilarello (City Attorney): You deferred that item to the end of the budget hearing.
Commissioner Teele: Let's take that item as the first item of the next meeting.
Vice Chairman Gort: Yeah.
Commissioner Teele: Before the budget stuff.
Commissioner Winton: Allow time for opposition to build.
Commissioner Teele: Mr. Chairman, Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: If the Attorney wants to take it up now, I have no objection. I don't know what the
urgency is, other than it needs to be processed before the end of this fiscal year, I would imagine.
Vice Chairman Gort: OK. We have one Commissioner missing right now. I'd like to see it next time.
321 9/14/00
There being no further business to come before the City Commission, the meeting was adjourned at 9:54
p.m.
ATTEST:
WALTER J. FOEMAN
City Clerk
SYLVIA LOWMAN
Assistant City Clerk
WIFREDO GORT
Vice Chairman
(SEAL)
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